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Agenda 10/24/2006 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA October 24, 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. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 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 THREE (3) 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. Reverend Michael Harper, Naples Community Hospital 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. September 19,2006 - BCC/Panther Mitigation Workshop C. September 20, 2006 . BCC/LDC Meeting D. September 21, 2006 . BCC/Budget Hearings E. September 21,2006. Value Adjustment Board Special Magistrate Meeting F. September 26,2006. BCC/Regular Meeting G. September 27,2006. BCC/Economic Development Council Workshop H. October 2,2006. BCC/Permitting Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1. Dale Waller, Wastewater 2. John Yonkosky, Utility Billing and Customer Service 3. Stan Litsinger, Jr, PUED 4. Jacinto Cervantes, Parks & Recreation 5. Connie Johnson, Community Development and Environmental Services B. 25 Year Attendees 1. Francisco Llorca, Road and Bridge Department 2. Dennis Mazzone, Code Enforcement 3. Mary Mehlmouer, Library 4. PROCLAMATIONS A. Proclamation recognizing October 22.28,2006 as Pastoral Care Week. To be accepted by Reverend Michael Harper from Naples Community Hospital. B. Proclamation recognizing October 23 - 31, 2006 as Red Ribbon Week. To be accepted by Under Sheriff Kevin Rambosk. C. Proclamation acknowledging The Day of The Red Walk in Collier County. To be accepted by Craig Greusel, Nina Ribinski and Karey Stewart. D. Proclamation recognizing Tom Mooney and Jeanette Showalter for their extraordinary efforts in the clean up of their community lake. To be accepted by Tom Mooney and Jeanette Showalter. 5. PRESENTATIONS Page 2 of 10 6. PUBLIC PETITIONS A. Public Petition request by David Calandra to discuss inequitable treatment of Collier County Youth in terms of usage of park facilities. B. Public petition request by Bobbie Dusek to discuss escalating Insurance rates for Collier County. C. Public petition request by Gary Donaho to discuss new CAT bus terminal near residential developments on Radio Road. Item 7 and 8 to be heard no sooner than 1 :00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 1 :00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to consider adoption of an Ordinance establishing the Falls of Portofino Community Development District (CD D) pursuant to Section 190.005, Florida Statutes. B. This item to be heard at 1 :30 p.m. This item was continued from the June 20, 2006 BCC meeting, the September 12,2006 BCC meeting and the September 26,2006 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2005-AR-8832, Creekside West, Inc., represented by D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., and R. Bruce Anderson, Esquire, of Roetzel & Andress, L.P.A., requesting a PUD Amendment to the Creekside Commerce Park PUD. This amendment proposes to reduce the area of the Creekside PUD by approximately 2.32 acres and rezone the area from Creekside Commerce Park PUD to Naples Daily News Business Park PUD. The subject property, consisting of 105 acres is located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. (This application is being submitted simultaneously with the Naples Daily News Business Park PUD and will be considered a Fast-Track). (Petitioner's request.) (Companion Item to: PUDZ-2005-AR-8833) C. This item to be heard at 1 :30 p.m. This item was continued from the June 20, 2006 BCC meeting, the September 12, 2006 BCC meeting and the September 26, 2006 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-8833, Collier Publishing Company, Inc. d/bl a Naples Daily News, represented by D. Wayne, Arnold, AICP, of Q. Grady Minor & Associates, P.A., and R. Bruce Anderson, Esquire, of Roetzel & Andress, L.P.A., requesting a Business Park Planned Unit Development (BPUD) rezone from Rural Agricultural (A) and Creekside Commerce Park PUD for project known as Naples Daily News Business Park Planned Unit Development (BPPUD). The subject property is located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. (This is being submitted simultaneously with the Creekside Commerce Park PUD as a Fast Track). (Petitioner's request.) (Companion Item PUDA-2005-AR-8832) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Golden Gate Beautification Advisory Committee. B. Appointment of members to the Emergency Medical Services Advisory Council. Page 3 of 1 0 C. Appointment of member to the Collier County Code Enforcement Board. D. Appointment of members to the Golden Gate Estates Land Trust Committee. E. Appointment of member to the Lake Trafford Restoration Task Force. F. Appointment of member to the Isle of Capri Fire Control District Advisory Board. G. Appointment of member to the Collier County Airport Authority. H. The Annual Performance Appraisal for the County Attorney. I. For the Board of County Commissioners to consider participating in the mediation procedures with the Clerk of Courts to resolve the current case nos. 04-941-CA, 05-953-CA & 05-1506-CA. 10. COUNTY MANAGER'S REPORT A. This item was continued from the September 26,2006 BCC meeting. Recommendation to adopt a superseding resolution authorizing the fee simple and easement acquisition of property by condemnation for the purpose of constructing stormwater improvements to alleviate flooding in the East Naples area known as Phase One of the Lely Area Stormwater Improvement Project (LASIP). Fiscal Impact $1,838,000 (Project 511012). (Gene Calvert, Director, Transportation/Stormwater Management) B. Recommendation to award contract #06-4025, Collier County Sheriffs Special Operations Building and to approve the necessary budget amendment for the construction of the Sheriffs Special Operations Facility, project 52002, in the approximate amount of $10,650,000, the exact amount to be presented at the meeting. (Ron Hovell, Principal Project Manager, Facilities Management) C. Recommendation to approve Exhibit E, Amendment #1 to Contract #06-3914, Construction Management at Risk Services for the Collier County Fleet Facilities with Wright Construction Corp. in the amount of $ $9,272,741.10 for the Fleet Facility, project 52009, Phase 2 which includes the construction of the new Fleet Management Department facility and to approve Change #15 to Contract #02-3422, Professional Architectural Services for New County Fleet Facility, with Disney & Associates, P.A. to update the rate schedule and include additional services necessary for construction phase 2 in the amount of $60,885. (Ron Hovell, Principal Project Manager, Facilities Management) D. Recommendation to approve Change Order #3 to add $1,390,932.40 for Inspection services to Johnson Engineering, Inc. under ITQ 04-3583 CEI Services for Collier County Road Projects for Project No. 600181mmokalee Road Project from Collier Blvd. to 43rd Ave. N.E. E. Report from the Collier County Health Department and Code Enforcement Department regarding the initiatives taken to eliminate unsafe and unsound housing in the Immokalee Community. (Michelle Arnold, Director, Code Enforcement and Dr. Joan Colfer, Collier County Health Department) F. This item was continued from the September 26 and the October 10, 2006 BCC meetings. Recommendation to adopt a Resolution repealing all previous resolutions establishing and amending parts of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy and establishing the policy effective November 1, 2006 and superseding Resolution No. 2006-43 and all other Resolutions establishing license and fee policy. (Marla Ramsey, Administrator, Public Services) Page 4 of 10 G. Presentation to the Board of County Commissioners by the Collier County Transportation Engineering and Construction Management Department regarding the cost and requirements associated with converting FPL overhead electrical facilities to underground lines along county's roadways. (Jay Ahmad, Director, Transportation/ Engineering and Construction Management and Grover Whidden, Florida Power and Light) H. Recommendation to approve selection of KCCS, Inc. a Qualified Firm, and award a Contract under ITN #06-3947 "CEI Services for Collier County Road Projects" for Project No.60001 "Collier Boulevard (CR-951) from US 41 to Main Golden Gate Canal" in the amount of $3,626,570.00. (Norman Feder, Administrator, Transportation Services and Jay Ahmad, Director, Transportation/Engineering and Construction Management) I. Recommendation to award Bid Number 06-4016 for the purchase of Carbon Dioxide and Sodium Hypochlorite for use by the Water and Wastewater Departments in the estimated annual amount of $1,000,000. (Jim DeLony, Administrator, Public Utilities) J. Recommendation to approve a request to operate Sun-N-Fun Lagoon from November 1, 2006 to January 31,2007 on select dates and revise the schedule for February 3,2007 through May 28,2007. (Marla Ramsey, Administrator, Public Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board of County Commissioners instruct staff to present a proposed Ordinance for the Boards consideration at a future date which would amend Ordinance No. 97-35, as amended, the Collier County Code Enforcement Citation Ordinance, as codified in Chapter Two, Article IX of the Collier County Code of Laws and Ordinances, in order to establish an affirmative defense to certain alleged code violations. B. Recommendation that the Board of County Commissioners review and approve the FY 2006- 2007 Action Plan for David C. Weigel, County Attorney. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 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 Ave Maria Unit 7, Liberty Park, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 2. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Grey Oaks Unit Sixteen. The roadway and drainage improvements will be privately maintained. Page 5 of 10 3. Recommendation to approve for recording the final plat of Mediterra Phase Three East Unit One Replat of Lot 11, Block A. 4. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of DeLaSol Phase Two. The roadway and drainage improvements will be privately maintained. 5. Recommendation to approve final acceptance of the water utility facility for Vanderbilt Beach Resort. 6. Recommendation to approve final acceptance of the water and sewer utility facilities for DeLaSol, Phase 3. 7. Recommendation to approve for recording the final plat of Ave Maria Unit 8, Emerson Park, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 8. Recommendation to approve an Interim Management Plan for the Milano property under the Conservation Collier Land Acquisition Program. 9. Recommendation to approve the proposed amendment to the current interlocal agreement between Collier County and the Economic Development Council of Collier County. 10. Recommendation to approve Collier County and the City of Naples Urban County Cooperation Agreement for the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program and submit the agreement to HUD. 11. Recommendation to approve Collier County and the City of Marco Island Urban County Cooperation Agreement for the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program and submit the agreement to HUD. 12. Recommendation to approve a continuation of the Conservation Collier Interim Management Plans for Railhead Scrub Preserve, Otter Mound Preserve, Cocohatchee Creek Preserve and Malt property to June 2007 to allow for optimal public participation in development of the Final Management Plans for these Preserves and to coordinate a management agreement with Rookery Bay National Estuarine Research Reserve for the Malt property. B. TRANSPORTATION SERVICES 1. Recommendation to approve award of Bid #06-4040, Traffic Operations Signal Components to multiple vendors (item-by-item basis). 2. Recommendation to approve a change order in the amount of $198,507.00 to CH2M Hill, Inc. amending contract #05-3774 Gordon River Water Quality Park (project No. 51085) Engineering Design Contract. 3. Recommendation to approve a budget amendment in the amount of $394 to recognize additional State Block Grant funds awarded through Florida Department of Transportation. 4. Recommendation that the Board of County Commissioners authorize the County Manager or his designee to act on behalf of the county as the authority in enforcing Section 337.403 of the Florida Statutes and ratifying all prior notices issued by the Collier County Transportation Department related to enforcement of that statute. 5. Recommendation that the Board accept a contribution from The Halstatt Partnership for the additional plantings along Golden Gate Parkway up to the amount of $101,821.89. 6. Recommendation to approve the purchase of Pre-Cast Box Culvert Sections from Hanson Pipe & Products for the Fish Branch Creek Box Culvert Extension Project in the amount of $52,116.96, authorize payment prior to delivery and approve an allocation of a $12,100 storage fee. Page 6 of 10 7. Recommendation to (1) award bid #06-4051 Sidewalks/Bike Paths Various Locations for construction of sidewalks in various locations within Collier County to Quality Enterprises USA, Inc. in the amount of $691,246.15 and 10% contingency in the amount of $69,124.62 for a total of $760,370.77 and (2) approve a budget amendment to reflect the amount of funds to be reimbursed by the Florida Department of Transportation (FDOT) to $367,500 (Project #690822) 8. Recommendation to award Bid #06-4034 Golden Gate MSTU Sunshine Boulevard Landscape & Irrigation Installation Project" to Hannula Landscaping, Inc. with a base amount of $289,460.64 and 10% contingency of $28,946.00 for a total of $318,406.64. 9. Approve a FY07 Budget Amendment in the amount of $150,000 establishing current year appropriation for remittances to the Southwest Florida Expressway Authority. C. PUBLIC UTILITIES 1. Recommendation to approve a Donation Agreement and accept an Access Easement from The Preserve at the Shores at Berkshire Lakes Condominium Association, Inc. to provide legal access to Lift Station #312 at a cost not to exceed $3,800. 2. Recommendation to convey a Utility Easement to the Water-Sewer District for the construction and maintenance of a water transmission main on property owned by Collier County at Goodland Park. 3. Recommendation to approve Work Order # UC-250 under Contract # 04-3535, Annual Contract for Underground Utilities Contracting Services, to Kyle Construction, Inc. in the amount of $933,820.00 for construction of fire and irrigation water system improvements at The Strand in Pelican Bay, Project Number 74023. 4. Recommendation to award Bid Number 06-4017 for annual contract for chlorinator equipment to Water Treatment Controls, Incorporated for use by the Water and Wastewater Departments in the estimated annual amount of $500,000. 5. Recommendation to approve an annual membership for County Managers Agency in The Council of International Visitors in Collier County in the amount of $300, serving a valid public purpose. 6. Recommendation to approve Work Order ICTSCADA-3916-MAC-06-06 in the amount of $88,456 to McKim & Creed, P.A. under Annual Contract 06-3916 for SCADA System Upgrades at the South County Regional Water Treatment Plant, Project 71055. D. PUBLIC SERVICES 1. Recommendation to approve the submittal of a Florida Boating Improvement Program Boating Education Grant to the Florida Fish and Wildlife Conservation Commission for the initial phase of the Marine Resource Conservation Partnership of Collier County Boater Education Program in the amount of $14,000. 2. Recommendation to approve a budget amendment in the amount of $5,000 to recognize donations from local community partners to fund senior activities at the East Naples Community Center Annex. E. ADMINISTRATIVE SERVICES 1. Award of Bid #06-4048 Quick Copy Services (estimated annual cost of $40,000). 2. Recommendation to award RFP#06-4021 to Insurance and Risk Management Services, Inc. for Property and Casualty Brokerage Services. (Fiscal Impact $150,000) 3. Recommendation to adopt a resolution approving a change in status of a classification from exempt to nonexempt under the FLSA and to receive approval from the Board for the execution of a settlement agreement and release. (Fiscal Impact $7,533.89) Page 7 of 10 4. Recommendation to approve Change Order #8 to Contract Number 98-2867 with Schenkel Shultz Architecture to provide additional services for the Naples Jail, Project Number 52008, in the amount of $41,900.00 and to recognize a $164,937.60 rebate from FP&L. F. COUNTY MANAGER 1. Recommendation to approve a $100,000 budget amendment from Fiscal Year 2006 to cover unexpected salaries/ overtime expense by the Isles of Capri Fire/Rescue. 2. Recommendation to approve a grant application for the 2007 Polaris Ranger All Terrain Utility Vehicle Grant Program. 3. Recommendation that the Board of County Commissioners approve the Collective Bargaining Agreement with the Collier EMS/Fire Bargaining Unit, Southwest Florida Professional Firefighters Local 1826, International Association of Firefighters, Incorporated. 4. Recommend Approval of Change Order # 2 for Contract # 03-3538 with Evans Klages, Inc. for visitor research services in the amount of $12,000 and authorizing the County Manager or his designee to execute Change Order # 2 after approval by the County Attorneys Office. 5. Recommendation that the Board of County Commissioners approves a budget amendment transferring $302,800 from the Pelican Bay Irrigation and Landscaping Capital Fund (322) to the Uninsured Asset Restoration Fund (133). G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the 18th Annual Southwest Florida Residential Development Snapshot on Thursday, October 19, 2006, at the Naples Elks Lodge #2010 in Naples, Florida. $65.00 to be paid from Commissioner Halas' travel budget. 2. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Greater Naples Leadership Luncheon Seminar on December 4, 2006 and is requesting reimbursement in the amount of $15.00, to be paid from his travel budget. 3. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Blue Chip Recognition Breakfast on November 2, 2006 and is requesting reimbursement in the amount of $10.00, to be paid from his travel budget. 4. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Collier Citizen of the Year 2006 Banquet on November 10, 2006 and is requesting reimbursement in the amount of $35.00, to be paid from his travel budget. 5. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the American Specialty Contractors of Florida monthly meeting where he was a speaker on October 12, 2006 and is requesting reimbursement in the amount of $35.00, to be paid from his travel budget. 6. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Naples Fishing Club Christmas Dinner as a Keynote Speaker on December 19, 2006 and is requesting reimbursement in the amount of $13.00, to be paid from his travel budget. 7. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Marco Island Historical Society Site Dedication Pig Roast on Saturday, October 21st, 2006 at the Marco Island Museum and History Center, Marco Island, FL.; $15.00 to be paid from Commissioner Fiala's travel budget. Page 8 of 10 8. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Southwest Florida Council for Environment Education Annual Dinner and Auction featuring the 2006 Environment Education Award of Excellence on Friday, November 17th, 2006, at the Hyatt Regency Coconut Point, Bonita Springs; $80.00 to be paid from Commissioner Fiala's travel budget. 9. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the One by One Luncheon on October 12, 2006 and is requesting reimbursement in the amount of $20.00, to be paid from his travel budget. 10. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Economic Development of Collier County Industry and Opportunity Tour - Eastern Collier County on October 27, 2006,2006 and is requesting reimbursement in the amount of $20.00, to be paid from his travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 1. Recommendation to authorize the making of Offers of Judgment to Respondent, Vision & Faith, Inc., for Parcels 719, 919, 840, 940, 742, 942, 943 and 843 in the amount of $63,581.00 in the lawsuit styled Board of County Commissioners v. Vision & Faith, Inc., et al., Case No. 05- 1275-CA (South County Regional Water Treatment Wellfield Project #70892). (Fiscal Impact: $51,091.03, if offers accepted). 2. Recommendation to approve a Stipulated Final Judgment for Parcel Nos. 138 & 139 in the lawsuit styled CC v. Ronen Graziani, et a!., Case No. 06-0548-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact $40,300.00) 3. Recommendation that the Board Ratify and Authorize the County Attorneys Retention of Norman W. Thabit, an Expert Witness for the County in Dwight E. Brock, Clerk of Courts v. Collier County, Florida, Board of County Commissioners of Collier County, Florida, as Ex- Officio Governing Board of The Ochopee Area Fire Control & Emergency Medical Care Special Taxing District, A/K1A The Ochopee Fire District; Linda T. Swisher and Paul W. Wilson. Case No. 04-941-CA consolidated with Board of County Commissioners of Collier County, Florida vs. Dwight E. Brock, Clerk of the Circuit Court of Collier County, Florida Case Number 05-953-CA consolidated with Case No. 05-1506-CA; Exempt the County Attorney from the Purchasing Policy if and to the Extent the Purchasing Policy is applicable and Authorize the County Attorney to Sign any necessary Retention Documents. Page 9 of 10 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 AVESMT-2006-AR-9916- Imperial Wilderness Storage Maintenance Parcel to disclaim, renounce and vacate the Countys and the Publics interest in that portion of a 65 foot wide drainage easement in the West one-half of the Southwest Quarter of Section 12, Township 51 South, Range 26 East Collier County, Florida. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition AVESMT-2006-AR-10083, The Rookery at Marco to disclaim, renounce and vacate the Countys and the Publics interest in a portion of a fifteen-foot wide Collier County utility easement as recorded in O.R. Book 1664, Page 1963, Public Records of Collier County, Florida, and more specifically described in Exhibit A. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition AVROW-2006-AR-9674 Lucerne Road to disclaim, renounce and vacate the Countys and the Publics interest in a portion of Lucerne Road adjacent to Block 115, Golden Gate Portion 4, according to a map thereof, as recorded in Plat Book 5, Pages 107, ofthe Public Records Collier County, Florida. D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SNR-2006-AR-10350, Johnson Engineering, representing Treviso Bay Development, LLC, requesting a street name change from Treviso Bay Boulevard to Corso Bello Drive for the southern segment of Treviso Bay Boulevard, which is located in Section 32, Township 50 South, Range 26 East, legally known as Tract R-2, Treviso Bay Subdivision. E. This item was continued from the October 10, 2006 BCC Meeting. Recommendation that the Board of County Commissioners adopt 1) a Resolution revising the Collier County Water- Sewer District Utilities Standards Manual and 2) an Ordinance amending the Collier County Utilities Standards and Procedures Ordinance, Project Number 70202. 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 October 24. 2006 Item 10E: The following to be stated for the record: Funding is being requested to cover the initial costs for contracted services for the removal of the structures. Property owners will then be billed for the cost to the County for the work performed plus any administrative fees. If the property owner fails to pay as invoiced by the County, a lien will be placed on the property for the specified amount of the bill. This lien also accrues monthly interests. (Staff's request.) Item 16B1: The following to be stated for the record: The agenda item includes a backup document that expressly specifies the recommended awardee (i.e.; the lowest, qualified and responsive bidder) for each line item. Though the summary may not use the words "lowest, qualified and responsive bidder," that is the intent here. (Staff's request.) Move Agenda Item 16B4 to 10K: Recommendation that the Board of County Commissioners authorize the County Manager or his designee to act on behalf of the county as the authority in enforcing Section 337.403 of the Florida Statutes and ratifying all prior notices issued by the Collier County Transportation Department related to enforcement of that statute. (Commissioner Coyle's request.) Item 17A continued to the November 14. 2006 BCC meeting: Recommendation to approve Petition AVESMT-2006-AR-9916 Imperial Wilderness Storage Maintenance Parcel to disclaim, renounce and vacate the County's and Public's interest in that portion of a 65 foot wide drainage easement in the west one-half of the Southwest Quarter of Section 12, Township 51 South, Range 26 East, Collier County, Florida. (Staff's request. Item not advertised.) Item 17B continued to the November 14. 2006 BCC meeting: Recommendation to approve Petition AVESMT-2006-AR-10083, The Rookery at Marco to disclaim, renounce and vacate the County's and the Public's interest in a portion of a fifteen-foot wide Collier County Utility easement as recorded in O.R. Book 1664, Page 1963, Public Records of Collier County, Florida, and more specifically described in Exhibit A. (Staff's request. Item not advertised.) Item 17C continued to the November 14. 2006 BCC meeting: Recommendation to approve Petition AVROW-2006-AR-9674 Lucerne Road to disclaim, renounce and vacate the County's and the Public's interest in a portion of Lucerne Road adjacent to Block 115, Golden Gate Portion 4, according t a map thereof, as recorded in Plat Book 5, Pages 107, of the Public Records Collier County, Florida. (Staffs request. Item not advertised.) NOTE: Item 8C: Please note that this item is being heard today under reconsideration from the date of its original BCC hearing held on September 12, 2006. At the original hearing, a correction to an incorrect citation of the LDC regarding building height was read into the record. The staff has corrected the original staff report for this reconsideration hearing; however, not all printed versions received the corrected pages. As such, copies of the corrected pages are available in the County Manager's office. The Board and the County Attorney has the corrected version in their agenda packet. (Staffs request.) Time Certain Items: Item 8A to be heard at 1 :00 p.m.: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to consider adoption of an Ordinance establishing the Falls of Portofino Community Development District (COD) pursuant to Section 190.005, Florida Statutes. Item 8B to be heard at 1 :30 p.m.: This item was continued from the June 20,2006 BCC meeting, the September 12, 2006 BCC meeting and the September 26, 2006 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2005-AR-8832, Creekside West, Inc., represented by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., and R. Bruce Anderson, Esquire, of Roetzel & Andress, L.P.A., requesting a PUD Amendment to the Creekside Commerce Park PUD. This amendment proposes to reduce the area of the Creekside PUD by approximately 2.32 acres and rezone the area from Creekside Commerce Park PUD to Naples Daily News Business Park PUD. The subject property, consisting of 105 acres is located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. (This application is being submitted simultaneously with the Naples Daily News Business Park PUD and will be considered a Fast-Track). (Petitioner's request.) (Companion item to PUDZ-2005-AR-8833.) Item 8C to be heard at 1 :30 p.m.: This item was continued from the June 20,2006 BCC meeting, the September 12, 2006 BCC meeting and the September 26, 2006 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-8833, Collier Publishing Company, Inc. d/b/a Naples Daily News, represented by D. Wayne, Arnold, AICP, of Q. Grady Minor & Associates, P.A., and R. Bruce Anderson, Esquire, of Roetzel & Andress, L.P.A., requesting a Business Park Planned Unit Development (BPUD) rezone from Rural Agricultural (A) and Creekside Commerce Park PUD for project known as Naples Daily News Business Park Planned Unit Development (BPPUD). The subject property is located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. (This is being submitted simultaneously with the Creekside Commerce Park PUD as a Fast Track). (Petitioner's request.) (Companion Item PUDA-2005-AR-8832). Item 10G to be heard at 11 :00 a.m. Presentation to the Board of County Commissioners by the Collier County Transportation Engineering and Construction Management Department regarding the cost and requirements associated with converting FPL overhead electrical facilities to underground lines along county roadways. PROCLAMATION Agenda Item No. 4A October 24,2006 Page 1 of 2 ,,,,,,,- WHEREAS, the Collier County Board of County Commissioners is pleased to join the Pastoral Care Department of the NCH HealthCare System as it celebrates Pastoral Care Week, October 22 - 28, 2006: and, WHEREAS, the Pastoral Care Department of the NCH HealthCare System is staffed by professionals with caring hearts and giving spirits who are united in their ministry to bring Spiritual care to all men and women whether they are patients, families, caregivers, volunteers or staff; and, WHEREAS, Pastoral Care Week speaks to the deep spiritual concerns of every person in the deeper meaning of life, finitude, relationships, disease, healing and faith; and, WHEREAS, by valuing each individual, pastoral caregivers seek to hope with, to rejoice with, to suffer with, to believe, and to love each person with whom they work; and, WHEREAS, the theme for this year's event, "Pastoral Care: Healing Humor", underscores the compassion, comfort and hope inspired by a loving smile and gentle laughter; and, -- WHEREAS, we commend the members of the Pastoral Care Department of the NCH HealthCare System for extending themselves in the service of others at Naples Community Hospital and North Collier Hospital. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of October 22 - 28, 2006, be designated as Pastoral Care Week DONE AND ORDERED THIS 24th Day of October, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN ATTEST: .- DWIGHT E. BROCK, CLERK Agenda Item No 4A October 24. 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 4A Meeting Date: Proclamation recognizing October 22 - 28, 2006 as Pastoral Care VVeek. To be accepted by Reverend Michael Harper trom Naples Commur'ilty Hospital 10/24/2006 9.00'00 .'IM Prepared By Paula Springs Board of County Commissioners Executive Aide to the BCe Date Bec Office 10/12/20063:17:37 PM Approved By Sue Filson Board of County Commissioners Executive Manager to the BCe Date Bce Office 10112120063:39 PM App roved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10112120063:54 PM PROCLAMATION Agenda Item No. 48 October 24, 2006 Page 1 of 2 ,..--- WHEREAS, the Substance Abuse Coalition of Collier County recognizes that alcohol, tobacco and other drug abuse in this nation has reached epidemic: and, WHEREAS, it is imperative that visible, unified prevention education efforts by community members be launched to eliminate the demand for drugs: and, WHEREAS, the Substance Abuse Coalition is offering citizens the opportunity to demonstrate their commitment to drug-free lifestyles (no use of illegal drugs, no illegal drugs, no illegal use of legal drugs): and, WHEREAS, the National Red Ribbon Campaign will be celebrated in every community in America during "Red Ribbon Week," October 23 - 31, 2006: and, WHEREAS, Governor and Mrs. Bush are the Florida Red Ribbon Honorary Chairpersons: and, -- WHEREAS, business, government, parents, law enforcement, media, medical, religious institutions, schools, senior citizens, service organizations, and youth will demonstrate their commitment to healthy, drug- free lifesty/es by wearing and displaying Red Ribbons during this week-long campaign: and, WHEREAS, the State of Florida further commits its resources to ensure the success of the Red Ribbon Campaign. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that October 23 - 31, 2006, be designated as "Red Ribbon Week" in Collier County, Florida DONE AND ORDERED THIS 24th Day of October, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN ATTEST: - DWIGHT E. BROCK, CLERK Agenda Item No. 48 October 24. 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 48 Meeting Date: Proclamation recognizing October 23 - 31 2006 as Red Ribbon Week, To be accepted by Under Shenff Kevin Rambosk 10/24/2006 9:0000 AM Prep. red By Paula Springs Board at County Commissioners Executive Aide to the BCe Date BCC Office 10/12/20063:27:55 PM Approved By Sue Filson Executive Manager to the BCe Date Board of County Commissioners Bec Office 10/12/20063:38 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/12120064:00 PM ,,_. WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, c_ WHEREAS, PROCLAMATION Agenda Item No. 4C October 24,2006 Page 1 of 2 The Red Walk is an established provider of one-to-one youth involvement addressing the importance of dNg awareness for the past seven years and, The Red Walk provides adult mentors to thousands of children in Collier County's public and privote schools and, The Red Walk was developed as part of the Red Ribbon Activities established by the t>Ng Awareness Coalition of Collier County, as well as the Collier County Public School System, in association with national t>Ng Awareness Activities presented between October 23-31, 2006 and, national research has shown that the positive messages supported by drug- free activities help form strong bonds between youth and their communities leading to a direct, measurable, and lasting impact on children's lives, and that these children are more likely to improve their grades and their relationships with families and peers, while being less likely to skip school, use illegal dNgs or alcohol, or become involved in criminal activity; and, locally, The Red Walk has been bringing caring adults and community organizations into the lives of children for seven years and is the only dNg awareness walking program in Southwest Florida, and, supporting The Red Walk's message of total community involvement in using the Arts as a positive outlet for a healthy and dNg-free lifestyle in Florida's on- going effort to recNit and match caring adult mentors with children in our community is an investment that wiff pay immediate dividends as well as dividends in the future: and, on Friday, October 27, 2006, The Red Walk wiff host its annual trek on the campus of Lely Elementary School from 8:30 a.m. to 11 ;~O a.m. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that October 27, 2006, be designated as The Day of The Red Walk in Collier County DONE ANt> ORt>EREt> THIS 24th t>ay of October, 2006. ATTEST; BOARt> OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIt>A FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK - ,_.-------- ~ -'-'~"'...._<-"._---- -<-_.._._,-,,~.- Aoenda Item No. 4C - October 24. 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 4C Meeting Date: Proclamation acknowledging The Day of The Red Walk In Collier County To be accepted by Craig Greusel, Nina RibinsKI and Karey Stewart 1012412006 9:0000 AM Prepared By Paula Springs Board of County Commissioners Executive Aide to the Bee Date BCC Office 10/13/20064:54:55 PM Approved By Sue Filson Board of County Commissioners Executive Manager to the BCe Date BCC Office 10/16/20069:29 AM App roved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/16/2006 11 :20 AM PROCLAMATION Agenda Item No. 40 October 24,2006 Page 1 of 2 ~- WHEREAS, Tom Mooney and Jeannette Showalter started the quest for cleanup on their community lake located between 107"h and 1 osth Streets in North Naples over two years ago: and, WHEREAS, through their diligence, persistence and hard work they were both instrumental in getting a Municipal Service Benefit Unit through the Board of County Commissioners and organizing their neighborhood for the support of their efforts for assistance in the cleanup of this lake: and, WHEREAS, Tom and Jeannette have both gone above and beyond the call of duty in their effort to clean up the lake. They both have contributed hundreds of hours of their own time to personally clean up the lake and have both donated their personal funds to get this accomplished. Together they are responsible for removing over 25,000 tons of re-growth from the lake as well as miscellaneous debris in their quest to restore the lake to its original beauty: and, WHEREAS, Tom and Jeannette have spearheaded the efforts to take an eyesore and turn it into a remarkable lake for the enjoyment of their community, never giving up on the project and fol/owing it through to the end: and, - WHEREAS, their combined volunteer efforts have shown great community service for this entire project. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Tom Mooney and Jeannette Showalter be recognized for their ongoing service to the community and we thank them for their hard work and interest in this project. DONE AND ORDERED THIS 24th Day of October, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN ..- ATTEST: DWIGHT E. BROCK, CLERK Agenda Item No. 4D October 24. 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 40 Item Summary: ProclamatIOn recognizing Tom Mooney and Jeanette Showalter for their extraordinary efforts In the clean up of their community lake To be accepted by Tom Mooney and Jeanette Showalter 10/24/200690000 AM Meeting Date: Prepared By Paula Springs Board of County Commissioners Executive Aide to the BCe Date BCG Office 10/131200610:09:40 AM Approved By Sue Filson Executive Manager to the BCe Date Board of Gounty Commissioners BCG Office 10/131200610:40 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/13/2006 3: 18 PM Agenda Item No.6A October 24,2006 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, Florida 34112 · (239) 774-8383 . Fax (239) 7744010 September 21, 2006 Mr. David Calandra 1095 Business Lane, Suite #3 Naples, FL 34110 Re: Public Petition Request to Discuss Inequitable Treatment of Collier County Youth in Terms of Usage of Park Facilities Dear Mr. Calandra: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of October 24. 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. ~~re~, -~ James V.'MUd~ County Manager JVM/jb cc: David Weigel, County Attorney Marla Ramsey, Public Services Administrator ,- - ")dinejudi Agenda Item tfdl:~l of 1 October 24, 2006 Page 2 qf 2 I From: muddj Sent: Thursday, September 21, 2006 9: 15 AM To: 'Davidrrica Sport Leather' Cc: bodinejudi; brock_m Subject: RE: Request for Public Petition RE: Equitable Usage of Park and Recreational Facilities Mr. Calandra, A letter from me confirming your request will be forthcoming. Sincerely, Jim Mudd From: Davidmca Sport Leather [mailto:davld@ticasport.com] Sent: Thursday, September 21,20068:18 AM To: mudd.J Cc: robd@ropsalons,comi bzino@pbscontractors.com Subject: Request for Public Petition RE: Equitable Usage of Park and Recreational Facilities ! James Mudd, * various e-mails and conversations with Commissioner Halas regarding the inequitable treatment of Collier County y uth in Ie, ms of usage of park facil"ies. Commissioner Halas suggested that the imporlance of this issue necessitated that It be · ard before the Board at a future meeting. ! My specific concern is the limited and inadequate baseball facilities that the 12 and under youth are granted usage of, whi e adult softball and soccer fields dominate play and/or projected play at Veteran's Park, Vineyard's Park and the New North Napl s Regional Park. The proverbial breaking of the camel's back with the Park and Recreation's position that Collier County yo th would not receive any additional field at Veterans, when the regional park's softball fields open, unless adult softball chos to give them up. On behalf of The Board for North Naples Little League, I respectfully request that we be placed on the agenda for the Oct ber 24. 2006 Meeting. Commissioner Halas had indicated that such request could be made in the form of an e-mail as indicated rein; however, if such requires certified mail or an appearance at your office, I would be more than happy to comply. Thank you for your attention to this matter. While after schools athletics may not be a complete panacea for the problems dangers our youth face today, I do believe they provide a necessary foundation. It is my contention that Parks and Recre not account for the large influx of boys in that 5 to 15 age group when they planned the park. If the county continues to in its school base, it is imperative that after school athletics move at the same pace. David Calandra (239) 593-3950 (0) (239) 593-3953 (f) (239) 898-9053 (c) 9/21/2006 - Agenda Item No. 68 October 24, 2006 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, Florida 34112 . (239) 774-8383 . Fax (239) 774-4010 October 11 , 2006 Ms. Bobbie Dusek 963 Fountain Run Naples, FL 34119 Re: Public Petition Request to Discuss Escalating Insurance Rates for Collier County Dear Ms. Dusek: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of October 24, 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. arelY, ~~ James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney '.,..,. '_."~.~.,.-",,,, ,...,-.-.._.._...._........_......, .".."....'_...M..."....,......~.._ _,__,,~. ....h' 10/10/06 13:09 FAX 2395980028 JOHN R WOOD ORION Agenda ~eO~lJo. 68 October 24,2006 Page 2 of 2 " Reauest to Speak under Public Petition Please print Name: &bbie.. "DL>~ Address: qll~ rnuntailf\ l{un Phone: ~L ~4/1q \t ....0 01 (0) Date of the Board Meeting you wish to speak: Please explain In datal/the reason yOU are reauestlna to s~eak (attach additional . page if neceSlary): ~e. ~U~ fonn'Ud a. 5(a~ J~ ~t'1 (').~V""~~ ~~ie~r"ldh~ rn~umVlc:.t.> ~;.e.. em~t't.~ U"iDm~ ~y cnlll~ CDt;,fll'1_ ~~~;:~~~~~?j~~~Yj Lhhs '^ " ~l)U~ prDlo.,e..m ~T Cl~~~ all ind1J.ild.u4l5 ~~~~~f~~.~- While.~~"e I~ 1.K,~abOtt~l~ -to do -SOme hl~ ca\oouT ,-t. . Please explain in detsilthe action you are askina the Commission to take (attach additional oace if neceSsary): We. w~ulcL1.iK~ ~ enf~ -+he:. ad:l~. ~.o~ of-fhe.. ~~f- ('~uV)~m"'l~r~,.~ a~ u~ ~~~~ ::~'V\a~~~~r0~1~~ ..o.ll re~rch a.~ -ma~ a~ 'j'l-\he.~, we:. WIlL .., ~ - ~de~ --\c trokp ~n~t!1r"' (PUle-v-- Col~rm,.- C:\DOCllIT'I8I'Us. and Settings\rldWOOD\Lccai S8tllngs\Tempcnllry Internet ~lles\Content.IE5\3YOR79V\IH\Public p~'!icn Requeal Form.doc ..-. Agenda Item No. 6C October 24, 2006 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, Florida 34112 · (239) 774-8383 · Fax (239) 774-4010 October 12, 2006 Mr. Gary Donaho 7891 Sanctuary Circle #2 Naples, FL 34104 Re: Public Petition Request to Discuss New CAT Bus Terminal Near Residential Developments on Radio Road Dear Mr. Donaho; Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of October 24, 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 concem 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. Sin~re;, ??/4 Qmes V. Mudd County Manager JVM/jb cc; David Weigel, County Attorney Norman Feder, Transportation Services Administrator "- . ""_-"'" ,",.,. N......."".,...'.H'>". "',."..,"".,,,"''''....,;,,.,,..,''_,....,.,~..".. ,_,..."..".'.....,,~"'.,..., ,''''''',""" '. ReQuest to Speak under Public Petition Agenda Item No. 6C REC~ COgNW~ijW~FICe , -".~...,,"- Please print OCT 1 2. 2006 Name: /' 'A l%/lR. 'I ~/l/A-If 0 Address: ~ JJ '1811 ~AAJCTuMy 0e 11;2 I N I+P I G 5 I fL- 2; '-i ( 0 1 Phone: I+M- ~a9):3 0'-1- () ~ r1/ tyFF - p..31) 5'30 - q 6 7/ I (!) -;).4 -;:}O{)&:, ACT/~:'!J FILE Date of the Board Meetino yOU wish to speak: Please exolain in detail the reason yOU are reouestina to soeak (attach additional paoe if necessary): . " II if (!Jf+.:T ECT/() It f. 10 Hlfl./I II '7 rifE /II tF" aJ c/l-r /3 CJ0. '/t3"1l/YZ1 tfJII-t J ;U cAe lLeS': Dev T I~L {)e vel tJ j)f1/fPtl)j..5 (JY7 !?AlJro ~I}-b ~ ' Please explain in detai/the action yOU are askina the Commission to take (attach additional paoe if necessary): Ai>>j/JJ H:\Public Petition Request Form.doc Agenda Item No. 8A October 24, 2006 Page 1 of 85 ,....... EXECUTIVE SUMMARY Recommendation to consider adoption of an Ordinance establishing the Falls of Portofino Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. OBJECTIVE: The objective of this public hearing is for the Board to review and consider a petition for the establishment of the Falls of Portofino Community Development District (CDD) by adoption of an ordinance. CONSIDERATIONS: On December 13, 2005, Prime Homes at Porto fino Falls, L TD, a Florida Limited Partnership ("Petitioner"), hereby filed a petition with Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division, for the establishment of the Falls of Porto fino Community Development District. A mandatory $15,000 application fee was submitted with the petition. A hold was placed on the CDD petition due to 20 acres of property which is to be included in the CDD, and is pending a Rezone, submitted under AR-7422, which has been placed on hold, due to an unrelated issue. Therefore, the applicant has now requested that the CDD petition go forward, noting to include the 20 acres of yet-to-be rezoned property, should it be approved and made a part of the Wolf Creek PUD. The County Attorney's Office (COA) has opined that this CDD petition can be adopted even though 20 acres of the land in the proposed CDD is still the subject of a proposed rezoning. Although this action may be legally sufficient per Chapter 190 Florida Statutes, Comprehensive Planning Department staff has concerns that this action approving the CDD with the 20 acres is problematic from a growth management perspective. It could be construed that the approval of the CDD inclusive of the 20 acres would be setting the initial framework for approving the prospective rezoning of the subject 20 acres. This perception by affected parties opposed to the rezoning, if any, could be construed as depriving any objector of due process in the rezoning public hearing. Please note that the action taken by the Board will be a policy decision considering that the CAO has opined that the Board can take action approving the CDD with the subject 20 acres. The proposed District is located entirely within Collier County, Florida and covers 68.39::t. acres of land. The site is located in Section 34, Township 48 South, Range 26 East. A map showing the location of the land area to be serviced by the District, as well as a metes and bounds description of the proposed CDD, appears as Exhibits "1 & 2" to the petition. The landowner's consent to the establishment of the proposed CDD appears as Exhibit "3" of the petition. ",~ Agenda Item No. 8A October 24, 2006 Page 2 of 85 The CDD is comprised of approximately 68.39:i: acres, a portion of previously approved Planned Unit Development (PUD) known as "Wolf Creek". A total number of 490 residential units will be constructed within the District. By adopting the ordinance and granting the petition, the Board of County Commissioners would authorize the District, through its Board of Supervisors, to manage and finance certain basic infrastructure for the benefit of the landowners and residents of the Falls of Porto fino Development. This infrastructure, under section 190.012(1), Florida Statutes, includes basic urban systems, facilities and services, including water supply, sewers and wastewater management, surface water control and management (drainage), and roads, bridges and street lights. If adopted, this ordinance would constitute consent by the County to the exercise of certain additional special powers authorized by Section 190.012(2), Florida Statutes. These powers may include the operation of parks and facilities for indoor and outdoor recreational, cultural, and educational uses, as well as security, including, but not limited to, guard-houses, fences and gates, electronic intrusion-detection systems, and patrol cars, with certain exceptions. In order to gain these additional powers, the newly created District Board would need to further petition the Board of County Commissioners at a later date. The District Board of Supervisors is initially elected for the first six years of the duration of this district in a property-based election (one-acre, one-vote), which has been specifically ruled constitutional (State of Florida v. Frontier Acres Community Development Dist., 472 So. 2d 455 (Fla. 1985)). By operation of law, in time, the Supervisors are elected on a one-person, one-vote basis. In order to provide the basic systems, facilities and services, the District has certain management and financing powers. It may only exercise those powers, however, if they comply with certain strict and detailed procedural requirements including ethics in government, disclosure, conflict of interest requirements, noticed meetings, government-in-the-sunshine conduct, accounting and reporting requirements to various local and state agencies, consultants' competitive negotiation procedures, competitive bidding procedures and others. -"','.-..... The adoption of the CDD ordinance does not constitute a form of development approval. Adoption of the CDD and compliance with these many procedural requirements does not, in any way, allow the District to manage and finance any of these services and facilities without showing that all legitimate policies, constraints, authorities, controls, permits or conditions on the development of the land, whether local, regional, state or federal in nature, and whether in the form of policies, laws, rules, regulations or ordinances, have been complied with concerning development of the property. In essence, adoption of the CDD ordinance does not exempt the petitioner from compliance with any applicable local, regional, state or federal permitting or regulatory processes. In this sense, the Community Development District is merely a mechanism to assure the County and the landowners of the district that the provision of infrastructure and services for thePUD is managed and financed in an efficient and economical way. Finally, in order to prevent potential abuses of districts by landowners or by other local governments, the Legislature has provided that the charter of the District, in the general statute itself, may be amended only by the Legislature. 2 Agenda Item No. SA October 24,2006 Page 3 of 85 In order to provide these systems, facilities and services, the District also is given certain eminent domain powers within tight constraints as well as the authority to require service charges, fees or taxes for the various services rendered, ranging from installation of capital facilities to long-term maintenance and repair. Without the County's consent, by resolution, the aforementioned eminent domain power is limited to the boundaries of the District. The District may also issue revenue and other user bonds as well as general obligation bonds. However, no general obligation bonds can be issued without a referendum and without showing that the bond will not exceed 35 percent of the assessed valuation of the property within the District. Even with these safeguards and constraints, during the first six years of the District's existence, the board of supervisors shall not issue general obligation bonds unless the board first holds elections on a one-person, one-vote basis for a new board of supervisors. Accordingly, if Collier County adopts the ordinance, then it establishes the Falls of Portofino Community Development District as a management tool to benefit both Collier County's existing and future landowners with pinpointed responsibility for timely, efficient, reliable and flexible service provision without burdening the existing taxpayers and financial structure of Collier County. In addition, the District is also a financing tool off the balance sheet of the County and the developer. It will provide long-range and sustained quality service to initial and subsequent landowners without burdening Collier County and its taxpayers. Finally, such a District may not outlive its practical utility and usefulness. If it ceases to function, it will automatically be disbanded by state law. If at any time during its existence Collier County determines by a non-emergency ordinance that it can provide anyone of the district services in a more economical manner, over the long term, at lower cost but with higher quality, Collier County may then take that service away from the District and provide the service itself. Section 190.005, Florida Statutes provides that the exclusive and uniform method for establishment of a CDD of less than 1,000 acres shall be by county ordinance. Section 190.005, Florida Statutes outlines the specific content required in the petition and further outlines six (6) factors for the Board of County Commissioners to consider in detern1ining whether to grant or deny a petition for the establishment of a CDD as follows: 1. Whether all statements contained within the petition have been found to be true and correct. 2. Whether the creation of the District is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the District. 3 Agenda Item No. SA October 24,2006 Page 4 of 85 5. Whether the community development services and facilities of the District will be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. Whether the area that will be served by the District is amenable to separate special-district government. County legal, planning, transportation and public works staffs have reviewed the petition and exhibits submitted by the petitioners (attached) relative to these six (6) factors and have found the proposed Falls of Portofino CDD petition to be compliant with each of the six (6) review factors. Staff analysis relative to the six factors can be found in Attachment 2. FISCAL IMPACT: As previously noted, a $15,000 filing fee was submitted with the petition. Exhibit "8 & 9" of the petition, "The Falls of Portofino" Community Development District Proposed Timetable and Estimated Costs of Construction" delineates the fiscal impacts and timing of impacts to be managed by the District. It is noteworthy that the estimated internal infrastructure and services to be financed by the CDD is $7,750,000 consisting of roadway and utilities construction, water management, landscaping, lighting, signage, environmental mitigation and contingency costs. Utilities will eventually be turned over to Collier County. DISTRICT RESPONSIBILITIES: According to the petition, the Falls of Portofmo Community Development District, if the ordinance is adopted, will assume responsibility for the following: (I) General development of the approved uses within the District; (2) Roadways; (3) Street Lights, landscaping and signage; (4) Stormwater Management; (5) Water & Sewer Utilities; (6) Environmental Mitigation; and (7) Other matters related to the above tasks. GROWTH MANAGEMENT IMPACT: The 68.39=t acres of the Falls of Portofino CDD are designated Urban - Mixed Use District, Urban Residential Subdistrict, on the Collier County Future Land Use Map. Although the establishment of this district does not constitute any development approval, the plan of development previously approved for the subject property has been determined to be consistent with the Collier County Growth Management Plan (GMP). Accordingly, any future petitions for rezone or development permits will be subsequently reviewed at the time of submittal, and will be subject to the requirements and limitations specified in the Collier County Land Development Code (LDC), and will be required to be consistent with the GMP in effect at that time. It should be noted that if the Board chooses to adopt the subject ordinance which includes the 20 acres subject to a proposed rezone, that this action does not constitute any indication that the BCC will 4 Agenda Item No. 8A October 24, 2006 Page 5 of 85 approve the subject rezone, and the Board reserves the right to deny the prospective rezoning for the 20 acres after due consideration during the future rezoning public hearing. LEGAL CONSIDERATIONS: "If adopted by the Board of County Commissioners, the subject Ordinance would establish a Community Development District (CDD) and a District Board of Supervisors. The purpose of establishing a COD, as per Chapter 190, Florida Statutes, is to establish an independent special district as an alternative method to manage and finance basic services for community development." The primary purpose of a COD is to provide a long-term financing mechanism for the subject development through: 1. Assessments 2. Ad Valorem Taxation 3. Issuance of Bonds Creation of a COD provides assurance that the capital infrastructure improvements necessary in the District are funded by bond investors and subsequent purchasers of the parcels in the District. The proposed COD will be receiving sanitary sewer, potable water, and solid waste removal services from the Collier County Utilities Division and will have to enter into one or more interlocal agreements with Collier County, for such purposes. RECOMMENDA TION: Staff recommends that the Board consider one of the three (3) following alternative recommendations as a matter of policy. 1) Recommend that the Board of County Commissioners adopt and enact the proposed ordinance establishing the Falls of Porto fino Community Development District, including the entire 68.39 acres. 2) Recommend that the Board of County Commissioners continue this item to the meeting where the proposed rezoning will be considered by the Board. 3) Recommend that the Board of County Commissioners adopt and enact the proposed ordinance establishing the Falls of Portofino Community Development District with the caveat that the 20 acres proposed for rezoning be removed from the petition and considered for inclusion in the District at a subsequent date if the proposed rezoning is approved. This action will require the applicant to submit an application to amend its COD after the rezoning is considered assuming approval by the Board. Prepared by: Marcia R. Kendall, Senior Planner, Comprehensive Planning Department 5 Item Number: Item Summary: Meeting Date: Agenda Item No. 8A October 24, 2006 Page 6 of 85 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SA This Item to be heard at 1:00 p,m This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members Recommendation to conSider adoption of an Ordinance establishing the Falls of Portofino Community Development District (COD) pursuant to Section 190.005, Flonda Statutes. 10/24/2006 90000 AM Date Prepared By Marcia Kendall Community Development & Environmental Services Planner Comprehensive Planning 10/5/2006 7:59:26 AM Approved By Date Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 10/10/2006 1 :21 PM Date Approved By Donald L. Scott Transportation Services Transportation Planning Director Transportation Planning 10/10/20065:05 PM Date Approved By Jeff Klatzkow County Attorney Assistant County Attorney County Attorney Office 10/11/20068:42 AM Approved By Randall J. Cohen Community Development & En....ironmental Services Commuinty Planning and Redevelopment Manager Date Comprehensive Planning 10/12/20067:43 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 10/121200612:43 PM Date Approved By OMS Coordinator CountY' Manager's Office Administrative Assistant Office of Management 8. Budget 10/12/20062:47 PM Date Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 10112/20063:25 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 10/12/20066:14 PM SUBJECT PARCEL SITE LOCATION MAP Agenda Item No. 8A OCLOoer L4, LUOo Page 7 of 85 , ~, ;' Oil WEll RD ORANGETRE N 4-- o :> :;;: -' CD Ct:: W CD W ~ GOLDEN GAlE BLVD N.T.S. tfl ~, ~ I WHITE BLVD ~ tfl ~ V1 .r:: (j) '" o > ...J CD a f- a en w o 0 U X w 2 lL. 0 lL. .....J =:) C) , , INTERSTATE 75 ALLIGATOR ALL.EY SABAL PALM ,;;;0. o > ...J CD (/) w o <( -' C) 0::: W > W a:: () cr () f- a tfl w o ci > -' CD 0 Z 0 > (/) -! CD cr W 1-. !-- (i <( D- o:: w :2 I o > ...J STEWART BLVD. en SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA FALLS OF PORTOFINO C.D.D. PROJECT LOCATION MAP EXHIBIT "1" Agenda Item No. 8A October 24,2006 Page 8 of 85 ATTACHMENT 2 STAFF ANALYSIS RELATIVE TO THE SIX (6) FACTORS FOR COMMUNITY DEVELOPMENT DISTRICT FORMATION FOR "Falls of Portofino" COD Back2:round: Section 190.005, Florida Statutes, outlines the specific content required in a Community Development District (CD D) petition and further outlines six (6) factors for the Board of County Commissioners to consider in determining whether to grant or deny a petition for the establishment of a CDD, as follows: 1. Whether all statements contained within the petition have been found to be true and correct. 2. Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. 5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. Whether the area that will be served by the district is amenable to separate special-district government. Comprehensive Planning staff has reviewed the six factors referenced above and makes the following findings with regard to the proposed "Falls of Portofino" Community Development District: 1. Whether all statements contained within the petition have been found to be true and correct. Comprehensive Planning Department staff, along with the staffs of the County Attorney's Office, the Utilities Engineering Department and the Transportation Planning Department, has reviewed the referenced Community Development District petition. Based upon the review of the petition and sufficiency information, staff believes that the information found within these documents is substantially true and correct. Agenda Item No. SA October 24,2006 Page 9 of 85 2. Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. The 68.39:l:: acre portion of the P.D.D. is designated Urban Residential Subdistrict, on the Collier County Future Land Use Map. The proposed COD would be a unit of local government established specifically for the purpose of carrying out the approved Master Development Plan and commitments of the Falls of Portofino Development. The COD does not authorize any form or amount of development not previously approved by the Board of County Commissioners. Therefore, staff finds that the establishment of the COD is consistent with the Collier County Growth Management Plan. As to consistency with the State Comprehensive Plan, the County staff notes that the COD process is established within Section 190 of the Florida Statutes. The petitioner has not deviated from the standard process, as established by the Statute. Section 187.201, Florida Statutes, contains the text of the State's Comprehensive Plan. Subsection (2)(a) is the State Plan Goal for Governmental Efficiency, which reads as follows: " Goal. --Florida governments shall economically and efficiently provide the amount and quality of services required by the public." Policy 2 within this goal area reads as follows: "2. Allow the creation of independent special taxing districts which have uniform general law standards and procedures and do not overburden other governments and their taxpayers while preventing the proliferation of independent special taxing districts which do not meet these standards." As an "independent special taxing district", the proposed COD IS consistent with the State Comprehensive Plan. 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. The proposed Falls of Portofino Community Development District, if approved, would be near the size range of other COOs within Collier County. The closest being Pine Air Lakes COD comprised of approximately 149.9 acres, and the Key Marco/Horr's Island COD comprised of approximately 174 acres in size. Based upon previous experience and the subsequent success of other Collier County COOs, Comprehensive Planning Department staff believes that the Falls of Portofino Community Development District meets the above criteria, only if the 20 acres pending rezone is approved and made part of the Wolf Creek PUD, as noted within the Executive Summa/Yo Otherwise, absent the 20 acres in the CDD, the area under consideration would definitely not be compact and would not be contiguous. Comprehensive Planning staff has reservations regarding this particular criterion and its affect 011 the prospective rezoning 2 Agenda Item No. SA October 24, 2006 Page 10 of 85 where due process for affected parties could be adversely affected if objections are forthcoming. However, this determination is a matter of policy to be determined by the Board. 4. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. As noted within Exhibit 10 of the CDD petition, there are numerous alternatives available for the provision of infrastructure and services by and for an approved development. These include, but are not limited to the following: private funding procured by the developer; establishment of a homeowners association; establishment of a Municipal Services Taxing Unit (MSTU); establishment of a Municipal Services Benefit Unit (MSBU); establishment of a Community Improvement District (limited to drainage and irrigation related improvements); establishment of a County-managed special purpose district; or, direct County management. All of these alternative options have various legal, financial or other limitations on their operations or do not provide a focused, compact approach to the provision of infrastructure and services. Therefore, staff finds that establishment of the proposed CDD is the best alternative available for delivering community development services and facilities to the area that will be served by the proposed district. 5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. The proposed CDD cannot develop any facilities and services that are incompatible with the surrounding area. This is because the CDD's sole purpose is to implement conditions and developer commitments that were part of the original P.U.D. approval. The District Board of Supervisors will not have the legal authority to implement any facilities, services or development that would be inconsistent with its existing development approvals. 6. Whether the area that will be served by the district is amenable to separate special- district government. Based upon staff findings concerning the previous five criteria, Comprehensive Planning Department staff finds that the subject area for the proposed CDD is amenable to special district government. Furthermore, staff recommends that the Board of County Commissioners adopt the Ordinance, as contained in Attachment 1, establishing the Falls of Portofino Community Development District. 3 Aaenda Item No. SA ~ October 24, 2006 Page 11 of 85 BEFORE THE COUNTY COMMISSION OF COLLIER COUNTY, FLORIDA INRE: AN ORDINANCE TO ESTABLISH THE FALLS OF PORTOFINO C01\.1MUNITY DEVELOPMENT DISTRICT PETITION PRIME HOMES AT PORTOFINO FALLS, LTD, a Florida Limited Partnership ("Petitioner"), hereby submits this Petition to the Board of County Commissioners of Collier County, Florida, pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, to establish a Community Development District with respect to the land described herein. In support of this Petition, Petitioner states as follows: 1. Location and Size. The proposed District is located on the north side of Vanderbilt Beach Road (C.R. 862) in unincorporated Collier County, Florida, and contains approximately 68.39 acres. Exhibit 1 depicts the general location of the project. The metes and bounds description of the external boundcmes of the District is set forth in Exhibit 2. 2. Landowner Consent. Attached hereto as Exhibit 3 and made a part hereof is the written consent of the owner of 100% of the real property to be included within the District. 3. Name. The proposed name of the District to be established is Falls of Portofino Community Development District (the "District"). 4. Initial Board Members. The five persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows: Name: Linda Socolow Address: 21218 St. Andrews Blvd. Suite 510 Boca Raton, Florida 33432 [00002843 DOC v J) . ----AgemJa-lrem-No-_&A-.------ - October 24, 2006 Page 12 of 85 Name: Loraine Vanella Address: 21218 St. Andrews Blvd. Suite 510 Boca Raton, Florida 33432 Name: John Nelson Address: 21218 S1. Andrews Blvd. Suite 510 Boca Raton, Florida 33432 Name: Joanna Fish Address: 21218 S1. Andrews Blvd. Suite 510 Boca Raton, Florida 33432 Name: Laura Cadiz Address: 21218 St. Andrews Blvd. Suite 510 Boca Raton, Florida 33432 All of the above listed persons are residents of the State of Florida and citizens of the United States of America. 5. Existing_.Land Uses. The existing land uses within and abutting the proposed District are depicted in Exhibit 4. The adjacent property to the west is zoned PUD and consists of Residential. The adjacent property to the east is zoned PUD and consists of Residential/Commercial. The adjacent property to the north is zoned PUD and consists of Residential. The lands within the proposed District are zoned PUD on the Future Land Use Plan Map. 6. Future Land Uses. The future general distribution, location and extent of the public and private land uses proposed within the District are shown on Exhibit 5. These proposed land uses are consistent with the state comprehensive plan and Collier County Comprehensive Plan. The proposed development of the lands within the District, as approved by Collier County Ordinance No. 2003-45 (the "Wolf Creek PUD Ordinance") contemplates the construction of approximately 591 residential units on 100002843.DOC vi 11/28/2005 08:53 AJ"v!) 2 Agenda Item No. 8A October 24. 2006 Page 13 of 85 147.69 acres. The land within the District will consist of approximately 49 acres already included within the Wolf Creek PUD and approximately 20 acres of contiguous land currently being rezoned to PUD and included within the District. A total number of 490 residential units will be constructed within the District. Exhibit 6 shows the proposed development plan for the lands within the District. 7. Maior Water and Wastewater Facilities. Exhibit 7 shows the existing major trunk water mains and sewer connections serving the lands within the District. Exhibit 7 also depicts the major outfall canals and drainage system for the lands within the proposed Distri ct. 8. District Facilities and Services. The Petitioner presently intends for the District to participate in the funding and construction of the following described improvements: (a) Stormwater management; (b ) Water distribution; (c) Wastewater collection; and (d) Rights-of-way and open space improvements. Exhibit 8 describes the type of services and facilities Petitioner presently expects the District to fund, construct and install. The estimated costs of construction are also set forth in Exhibit 8. The proposed timetable for construction is shown in Exhibit 9. These are good faith estimates but are subject to change. Actual construction timetables and expenditures will likely vary, due in part to the effects of future changes in economic conditions upon costs such as labor, services, materials, interest rates and market conditions. 9. Statement of Estimated Regulatory Costs. Exhibit 10 is a Statement of Estimated Regulatory Costs prepared in accordance with the requirements of Section 120.541, Florida Statutes. 10. Petitioner and Authorized Agent. The Petitioner is PRIME HOMES AT PORTOFINO FALLS, LTD, a Florida Limited Partnership, whose address is c/o Prime Homebuilders, 5555 Anglers Avenue #163, Fort Lauderdale, Florida 33312. Copies of {00002843 DOC vI} 3 Agenda Item No. 8A October 24, 2006 Page 14 of 85 all correspondence and official notices should also be sent to the authorized agent for the Petitioner: Dennis E. Lyles, Esq. Billing, Cochran, Heath, Lyles, Mauro & Anderson, P.A. 888 S.E. 3rd Avenue, Suite 301 Fort Lauderdale, Florida 33316 Phone: 954-764~ 7150/ Fax: 954~ 764-7279 Email: dly1es@bch1m.com 11. This Petition to establish the Falls of Portofmo Community Development District should be granted for the following reasons: a. Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with any applicable element or portion of the state comprehensive plan or the effective local government comprehensive plan, b. The area of land within the proposed District is part of a unified plan of development that has been or will be approved by Collier County. It is of a sufficient size and is sufficiently compact and contiguous to be developed as one functional and interrelated community. c. The proposed District will be the best alternative available for delivering community development services and facilities to the area to be served without fmancially impacting persons residing outside the District. Establishment of the District in conjunction with a comprehensively planned community, as proposed, allows for a more efficient use of resources. d. The community development services and facilities of the District will be compatible with the capacity and use of existing local and regional community development services and facilities. In addition, the establishment of the District will provide a perpetual entity capable of making reasonable provisions for the operation and maintenance of the District services and facilities in the future. e. The area to be served by the propose District is amenable to separate special-district government. (00002843 DOC vl} 4 Agenda Item No. SA October 24,2006 Page 15 of 85 WHEREFORE, Petitioner respectfully requests the Board of County Commissioners of Collier County, Florida to: a. Hold a public hearing to consider the establishment of the Falls of P01iofino Community Development District in accordance with the requirements of Section 190.005(2)(b), Florida Statutes; and b. Adopt an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition and establishing the Falls of Portofino Community Development District. SUBMITTED this ;Z day of D~><e 2005. PRIME HOMES AT PORTOFINO FALLS, L TD, a Florida Limited Partnership By: ] ts General Partner PORrOFINO FALLS BUILDERS, INC., a By: La :00002843 DOC v I) 5 /1 .. \~ o u x w 2 LL o LL .-J ::J C) Agenda Item No. SA SUBJECT PARCEL SITE LOCATION MAP ~, , Page 16 of 85 OIL WELL RD. + N.T.S.. g -.J CD a I- a (fJ w Cl I- a Vl w o o > -.J ro I- lY Ct:: w ::2 o > ....J ro z o Vl Ct:: W I- -< 0.. PRI TINE DRIVE 846 ORANGETRE SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA I MOKALEE RD. '<t ci Cl Ct:: Ct:: w PINE 5 RID I- '-' (fJ z '-' ::J z ....J :> o > ....J ro Ct:: w co w ~ GOLDEN GATE BLVD FALLS OF PORTOFINO C.D.D. PROJECT LOCATION MAP EXHIBIT "1" WHITE BLVD ~ Vl r..: Vl I- Ct:: o 0.. Ct:: -< INTERSTATE 75 ALLIGATOR ALLEY i f i ; ! \ ,., { i ;:>, ; , :, ..~ \ :""1' ) L{) Q) ci > -.J co Vl w o <( -.J '-' Ct:: W > W Ct:: cj SABAL PALM RD. , , , '\ c:i > -.J STEWART BLVD. co . \ i .. \ " ," " \::\ " \~~ [. '\, '-. ..... ~1 .~' ci cj 6 Agenda Item No. 8A October 24, 2006 Page 17 of 85 EXHIBIT 2 A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTIONS 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (S.W. V4) OF SECTION .34, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE N.02015'16"W., ALONG THE EAST LINE OF SAID FRACTION FOR A DISTANCE OF 145.12 FEET TO A POINT ON THE NORTH RIGHT -OF- WAY LINE (C.R.- 862) V ANDERBlL T BEACH ROAD (200 FEET WIDE) AND THE POINT OF BEGINNING; THENCE N.89052'55"W., ALONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF 1321.84 FEET TO THE SOUTHEAST CORNER OF ISLANDW ALK PHASE 7, A SUBDNISION AS RECORDED IN PLAT BOOK 38, PAGES 5 THROUGH 10 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.02014'00"W., ALONG THE EAST LINE OF SAID SUBDNISION FOR A DISTANCE OF 1860.60 FEET TO THE NORTHWEST CORNER OF THE SOUTH HALF (S.Y:z) OF THE NORTHEAST QUARTER (N.E. V4) OF THE SOUTHWEST QUARTER (S.W. V4) OF SECTION 34; THENCE S.89052'18"E., ALONG SAID FRACTION FOR A DISTANCE OF 76.17 FEET; THENCE N.02015'16"W., FOR A DISTANCE OF 420.21 FEET; THENCE S. 89052'18"E., FOR A DISTANCE OF 1245.00 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHWEST QUARTER (S.W. 1/4); THENCE S.02015'16"E., ALONG SAID FRACTION FOR A DISTANCE OF 2280.60 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 68.39 ACRES MORE OR LESS. PARCEL IS SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF- WAY OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEARING N.02015' 16"W. DESCRIPTION PREPARED MARCH 29, 2005 BY THOMAS S. SHAW, P.S.M., PROFESSIONAL SURVEYOR & MAPPER. FLORIDA CERTIFICATION NO. 4672. : 00002843 DOC v J) 7 4:<.OLD iQOOO '"='..- >J 0 -i'OO E 0J ..- Q)'-O,) .....Q)OJ -..QeIl rooo.. "0 ..... 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'" I~~ ~ 1;;'\~~ 5 ~ ~;~ :r OO"StZI :] IJI Z!h61J S '" ~ \il < I"'i!: i~ r~ II;: \ :=t~ v V ~~ :7. a. r') I n ,ZD"OZel :] SO.Z!h6S S I ~ "I d ~ - - - - - - - - - - - - - - ~ - --v-- 8~~ J- ";IJJ lIl'"'tO ~a'" if",tl "'<>:2 ~~'" ~ II N II .. ~ .. ~ 1= CD :c x w Agenda Item No. SA October 24, 2006 Page 19 of 85 EXHIBIT 3 AFFIDAVIT OF OWNERSIDP AND CONSENT TO THE CREATION OF THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT {00002843 DOC vI} 9 Agenda Item No. SA October 24,2006 Page 20 of 85 EXHIBIT 3 AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT STATE OF FLORIDA COUNTY OF BROW ARD . D€~ ~, On this 2- _ day of -:h:tae~ . 005, personally appeared 1:?efore me~ an officer duly authorized to administer oaths and take acknowledgements, who, after being duly sworn, deposes and says: 1. Affiant, LARRY ABBO, an individual, is the Vice-President of PORTOFINO FALLS BUILDERS, INC., a Florida corporation, which is the General Partner of PRlME HOMES AT PORTOFINO FALLS, LTD, a Florida Limited Partnership (the "Company"). 2. PRlME HUMES AT PORTOFINO FALLS, LTD, a Florida Limited Partnership, is the owner of the follo\villg described property, to \vit: See Exhibit ~'A" attached hereto (the ~;Property") 3. Affiant, LARRY ABBO, hereby represents that he has full authority to execute all documents and instruments on behalf of the Company, including the Petition before the Board of County Commissioners of Collier County, Florida, to enact an ordinance to establish the Falls of Portotino Community Development District (the ;;Proposed CDD"). 4. The property represents a portion of the real property to be included in the Proposed CDD. / ~00002S43DOC \' J J 1/2Si2005 08:53'\M1 Agenda Item No. 8A October 24, 2006 Page 21 of 85 5. Affiant, LARRY ABBO, as Vice-President of PORTOFINO FALLS BUILDERS, INC., a Florida corporation, which is the General Partner of PRlME HOMES AT PORTOFINO FALLS, L ro, a Florida Limited Partnership, as owner of the property in the capacity described above, hereby consents to the establishment of the proposed CDD. 6. The General Partner of PRIME HOJ\1ES AT PORTOFINO FALLS, LTD., a Florida Limited Partnership is PORTOFINO FALLS BUILDERS, INC., a Florida corporation. The limited partners of PRIME HOMES AT PORTOFINO FALLS, LTD., are Fred Abbo, Eva Abbo, Larry Abbo, Edward Abbo. The corporate officers of PORTOFINO FALLS BUILDERS, INC,. are Fred Abbo, President, Larry Abbo, Vice- President, Edward Abbo, Secretary, Eva Abbo, Treasurer. FUR IHER AFFIANT SA YETH NOT. PRIME HOMES AT PORTOFINO FALLS, LTD, a Florida Limited Partnership By: Its General Partner PORTOFINO FALLS BUILDERS, INC., By. ...I [OOO(CS~3 DOC \" I 11/28/2005 08:53.>.1\1: Agenda Item No. 8A October 24, 2006 Page 22 of 85 Subscribed and sworn to before me this ~ day of 0 c:- G . 2005, by 1-1\ Pot." ..., i3 jJ, D-, who personally appeared before me, and is personally known. /~ij;;;j G~ UAAJ-U.4.- 'fV lvi, fAe.. N01ARY l'l13LlC STATE OF FLORlDA ~ Geovanna Fortier Commission # DD456083 Expires: JULY 31. 2009 Uanded Thru Atlantic: Bonding Co., Inc. Notary: Print Name: Notary Public, State of Florida ~~; 1~.:[~:O .~ ,,~....~-.Il:r;:)'i.(.:~~,II... ~:.::......w,,,~.~..,,.,...,:.' h... ~'{","~ [00002843 DOC' \' I 11/28'2005 OS:53Al\ Il Agenda Item No. SA October 24. 2006 Page 23 of 85 Exhibit "A~' to Affidavit A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER., LYING IN SECTIONS 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (S.W. lh) OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE N.02015'16"W., ALONG THE EAST LINE OF SAID FRACTION FOR A DISTANCE OF 145.12 FEET TO A POINT ON THE NORTH RlGHT-OF-WA Y LINE (C.R.- 862) VANDERBILT BEACH ROAD (200 FEET WIDE) AND THE POINT OF BEGINNING; THENCE N89052'55"W., ALONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF 1321.84 FEET TO THE SOUTHEAST CORNER OF ISLANDW ALK pHASE 7, A SUBDIVISION AS RECORDED IN PLA T BOOK 38, PAGES 5 THROUGH 10 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.02014'OO"W., ALONG THE EAST LINE OF SAID SUBDIVISION FOR A DISTANCE OF 1860.60 FEET TO THE NORTHWEST CORNER OF THE SOUTH HALF (S.'I:) OF THE NORTHEAST QUARTER (N.E. 1.;) OF THE SOUTHWEST QUARTER (S.W. 1/4) OF SECTION 34; THENCE S89052'18"E., ALONG SAID FRACTION FOR A DISTANCE OF 76.l7 FEET; THENCE N02015'16"W.., FOR A DISTANCE OF 42021 FEET; THENCE S. 89052' 18"E., FOR A DISTANCE OF 124500 FEET TO A POINT ON THE EAST LINE OF SAID SOUTH\VEST QUARTER (S.W. '/4); T.HENCE S02015' 16''E., ALONG SAID FRACTION FOR A DISTANCE OF 2280.60 FEET TO THE POINT OF BEGTh'NING. PARCEL CONTAINS 68.39 ACRES MORE OR LESS. PARCEL IS SUBJECT TO EASEMENTS, RESTRlCTlONS, RESERVATIONS AND RIGHTS-OF- WAY OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE SOUTH\VEST QUARTER OF SECTION 34, TO\l\,rNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEARING k020] 5' 16"W DESCRlPTION PREPARED MARCH 29,2005 BY THOMAS S. SHA \\', P.S.M., PROFESSIONAL SURVEYOR & MAPPER. FLORIDA CERTIFICATION NO 4672. " .. ,."'-;; ...::~;;~,:! C'~';:-"- :OOO(l:!S.DDOC \' 1 1l12Sf2005 OS:53A1I11 II f Agenda Item No. 8A October 24, 2006 Page 24 of 85 AFFIDA VIT OF OWNERSHIP AND CONSENT TO THE CREATION OF THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT STATE OF FLORIDA COUNTY OF COLLIER On this 10- day of ce\okv, 2005, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, who, after being duly sworn, deposes and says: 1. Affiant, Gerardo Mederos, an individual, is Owner of the following described property, to wit (the "Owner") See Exhibit "A" attached hereto (the "Property") 2. Affiant, Gerardo Mederos, hereby represents that he has full authority to execute all documents and instruments, including the Petition before the Board of County Commissioners of Collier County, Florida, to enact an ordinance to establish the Falls of Portofino Community Development District (the "Proposed CDD"). 3 . The Property represents a portion of the real property to be included in the Proposed CDD. 4. Affiant, Gerardo Mederos as Owner of the Property, described in attached Exhibit "A", hereby consents to the establishment of the Proposed CDD. {00003457 DOC v.1 10/312005 04:31 PM} 10 FURTHER AFFIANT SA YETH NOT. Agenda Item No. SA October 24, 2006 Page 25 of 85 Signa~f}zPiiJJ a ~ Print: Gerardo Mederos Title: Owner ) Subscribed and sworn to before me this .ll::L day of (\ckney, 2005, by &ro..n::h) 1\;'l(~9r DS, who personally appeared before me, and is personally known. Juc!lila Paniagua .4~ lSSlON' tlOUl13t OO'Il'tES W...t MVCOMhl 17 2008 .~. : l ONOl-~~f"'~It$J~ANCt INC .-'. .~,..... Be (00003457 DOC vi 10/3/2005 04:.31 PM} NOtary:QI1fJ~I&-a. ~\J,Q'rrcu Print ame: ,--)loywb "'-'-\~\~\Q~ Notary Public, State of Florida 11 <CCDL.(') .~.OCO 0w.- ~ 0 ~CD ENN Q.l~<ll __Q.l0l -..aro roOD.... "0 -- CU Q.lO en <C =1 .'::0., ~ < o ..... ~ ~ ..... :s .- - - ~ ~ ", r.1 .~"'- . ~ '''-.,. J i , . ._( r'" \:"'\ , , " , : t, LI i i , , " r '\.,. ,..-,. ,~ , ~'1 ..1 l r , {" ( t.- , . , , " ~ ~'. \ ;. " r '1; ~ !~ ...J i, i .} i ~~i i ; ~ ~ '. .:il -,' [ t, .. ) ) r I !' \ ' . <, ~.." r , , , ; "'l f' , <:,~"r , "' ,I <: .. , a l -- , 1--- .. Q , , ..,-:.:". ---- Q: ~.~.. U , :::1:1. , lr) ..~. CJ ~,~ 'Y ,:,:" Lu , ',' <- <:: ') CJ , --:::c " j " ,I r .. r i, r, I -, f"'~' j i. , -I. ,J .l , " ( .., L: I 4 I II I ( 1 ( I \ --: I ..>- r \ l " '<'-:'1 ! '1--., , 'r I ,.. i i " , i ,i , r' I f [1' , .' \, "." i , (f , , ) ! , i ^" , !. '1 f C' r 1 " " "io ,.i .. "1 (' , ,~. ; ,. J I ..' -',., ( ) , "'"'' :'.l ~<I t, j I " ) r ... ~ i '., , , ) i ,j , I, " ( ) ", ". L.LJ ; ;', ( /) \./ r " ": , ,/ ) l~LJ , /" ......1 ,-' .i , ....-...., " "'" 't""~"" '~J~ C/1 " i. t f '~,::.' r -"". i l.n- .:>" ..,.t" ,:12' " . ') ',,,) .,;{ !~~:~"J f"'~ ~,. /...-~. - , ..J i~_i , < .. ~'. . 1_,,_..) i'l ~' t Ct," I, ,J '~-r" >.: c)( ) ........... : /", ~-'" :; '....... ... ;,~,: ;.'~l ," CJ <:: ~ .::J, I,! i"u i : , : ~. t . r ' L: i .,,~:'-~ \., ,/",1 ; " \ j ! ,,' !~ ' t ! ,n ! - :'~~ .'~ ;~T . ':'1 I ; .. t j i I ' ! 1 ':J,[ L i ; ; I , i:.i L. , .I i I i I ,r ) \ . , ; ; , f) ,j : r ,- !'~ ., i! ' t.! i '\ ,..~ j: i " : " ." f,,: L ;~: ""[ -. I . I r 1../1 , .~ i. , ....J.j I' II i/l i. " ' , ! ' l} 'i I :':) It.... I'".., ! ! , - l' ". j oct. 'r L,j t. t "". I j" j. ~ ~':7.r' t-'....... : ;_.." , " '<I;...J ; ~. H .._) <..: ) ~~~::". i ' " ..1 t ~ '. . t"J ,,} ., ~". , J, 1" L'.-I " .{ i ~-" I i I i I ~ l~ ~ ~ ~ I . I ! I I I -----....---.----.----t I I I I ~I Ii ~I WOlF CREEK PUD I~ ~I (RESIDEtlTIAl. SJ~GLE'FAMIlY) 1 "I I I I I I I I I II +----.-----------.-.---.-...: I I I. I I 1 I I \ I I I I I I I ~.hr - ..:.- -- ..- --' - - -..:. . +- ISI.AIlD WALK ORJ/PUl) t51.OiIOJ~ OCI4oUfnVI i 'I . a "l I I I I I I I I I I I~ I r. I I I I I I I CUlJ61tf~N I liIA:..-I.#IC~ ~ I WOLF CREEK PUD (WOODED JUfD V^CAlfT) " . ."II.,~. r 1#1.1" . A' MRICllL TURE (WOODED AIlO VACANTI r---.----....----~-......- 1.!.I3If"( ,nl.4I' . . i 'Ii i ~ ~ ~ ~ ISLAND WAlK DRI/PUD RESIOE:iTIAL COI/lWWlTY) WOLF CREEK PUD IRESIDElITlAL ilUL Tl..Fo\IolIL Y) (VAC4~T 'h'OODED) sliSSCU"c un.u ~ ~ WOLF CREEK PUD (RESIDENTIAL IaJLT1-FAlIILY) (V^CANT Iw.cTIVE fAllM FIELDI ../t'J.t"Sl'. l:::1t.... Agenda Item No. 8A October 24. 2006 Page 27 of 85 WOLF CREEK PUO (RESIOEllTIAL SIHtlLE..PAMILY) N + N.T.S. WOLF CREEK PUD (RESlDEtlTlAl SIIIGLE-FANIl.Y) ...---"'- I I I -- T" ._- - ..- VAIlOERBIL.T BEACH ROAD ----ft-. - - - - ------- m~ -------..---'--;~--------------- ;..._-==-..;;:--_-;---' in:iI;J:i-;;;;:,..-:-- .-.-.--- - -- _.._-- .-.--.-. - -- - -" - , 1 I I j ! I I I I I I I ! I I I j I I ! FALLS OF PORTOFINO C.D.D. EXISTING LAND USES MAP EXHIBIT !I 4" l'i IJ \ I I I I I 1 I I I \ I IE I I~ I I I I I ::"'''f''''1%~'~~ \ 1 I I I I I I II IE ;\ ~ ~I I II \ t I I I I I \ T I I I I I I I I I I E I I ~ I I I I I I I I I I I )(-'X-X-X--~"'""""'7:'" x-"'x .x:J I I I I . a ;; . !. " , .." 1'" f 'Nt. IT I ~ LAND USE URBAN RESIDENTIAL , ""UJd" t l:tll,~' ,- E lq S 69':2"'" E 1311,85' f-;<-x-_...-- ^ X---X-~4 Agenda Item No. 8A UClg~~~ L')~ ~~ N + N.T.S. I I \ I! II AGRICULTURE ZONING I . PASTUI'IE WITH BARNS lNOT PII"1 OF THE WOLF CReEl( PUO REZONING) \ PROPOSED FUTURE OFF'lCE/COIdMERC[AL I I x--..x- ..x..,;. ~--.x_x x____x ~ ~___x-x_X- x. x ......--x_Xo-v__ I I " ""61'IS." 'nt.8#' ~ I 11 ------ - ----~~-- - - - - - - - VANDERBILT BEACH ROAD - - - - - - - - - - - s ~ ----------------------------- ------------------------------ FALLS OF PORTOFINO C.D.D. LAND USES MAP EXHIBIT "5" 1 8 a.YUIYD a.YUIYD a.YUIYD a.YUIYD ~-- - - =----~- II - ~I I FALLS OF PORTOFINO C.D.D. PROPOSED DEVELOPMENT PLAN I EXHIBIT "6" 1 9 ~ '" .., ~ S2 ~ o '" ~ ~ <0 o <:> ~ d> ~ ,...; ~ ...J 1= :;:), a a ~I r-. ~ 15 a ~ iii OUTFALL VBRl ~ ROAD SIDE DI1'CH !OI ~ z 1i': UJ UJ :z: (3 A ,~ ;::J c:.; LfGfNO: -10"W'-- PROPOSEO WATER IoWN (SIZE AS NOTED) - 6"F --- PROPOSED FORCE NAlN (SIZE AS NOTED) - EI6'1"- EXISTlNG rORCE I.IAIN (SIZE AS NOTED) -- E3o"W--" EXISTING WATER MAIN W'f)lI ~. FALLS OF PORTOFINO C.D.D -.JVo -.JV =-e:TO"~ L lr I ! I I I I I I I I I 1 I I I I I I Agenda Item No. 8A October 24,2006 Pa e 30 of 85 . NTS 8" FORCEMAIN _J WOLF CREEK PUD (RESIDENTIAl. SINGlE..FAMllY) 8 "FORCEMAIN 12 "WATERMAIN 8"FORCEMAIN 12"WATERMAIN -...-.. -- -- -, ,- ~--e:TO"r-= --- --\.eX.I ST...ING-16. F-ORCEMAIN_ ..fl(ISTI NG 30" VIM -._~ - - - ----- FA.LLS OF PORTOFINO EXISTING UTILITY PLAN EXHIBIT .. 7" Agenda Item No. 8A October 24, 2006 Page 31 of 85 EXHIBIT 8 ESTIMATED COSTS OF DISTRICT IMPROVEMENTS Stormwater Management $5,740,741 $746,296 Water Distribution Wastewater Collection $803,704 Rights of Way and Open Space Improvements $459.259 Total Estimated Costs $7,750,000 {00002843 DOC v. I J 21 Agenda Item No. 8A October 24, 2006 Page 32 of 85 EXHIBIT 9 PROPOSED TIME TABLE FOR CONSTRUCTION OF IMPROVEMENTS Phase One: 1. Surface Water Management and control systems, including but not limited to earthwork and landscaping. a Start Date - October 2005 b. End Date - July 2006 2. Water distribution and wastewater collection and transmission facilities a. Start Date - October 2005 b. End Date - July 2006 3. On-site and off-site roadway improvements a. Start Date - October 2005 b. End Date -- July 2006 Phase Two: 4. Surface Water Management and control systems, including but not limited to earthwork and landscaping, a. Start Date - October 2006 b. End Date - July 2007 5. Water distribution and wastewater collection and transmission facilities a. Start Date - October 2006 b. End Date - July 2007 6. On-site and off-site roadway improvements a. Start Date - October 2006 b. End Date -- July 2007 (OOOO2843 DOC vi) 22 Agenda Item No. SA October 24, 2006 Page 33 of 85 EXHIBIT 10 STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to form the Falls of Portofino Community Development District ("District"). The proposed District comprises approximately 68.39 acres of land located within unincorporated Collier County (the "County"), Florida. The limitations on the scope of this SERe are explicitly set out in Section 190.002 (2) (d), F.S. (governing District formation or alteration) as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based onlv on factors material to manaaina and financina the service delivery function of the district. so that any matter concernina permittina or plannina of the development is not material or relevant (emphasis added)." 1.2 Overview of the Falls of Portofino Community Development District The proposed District comprises approximately 68.39 acres within the County. The District is designed to provide community infrastructure, services, and facilities along with certain ongoing operations and maintenance to the Falls of Portofino Community Development District. The development plan for the proposed lands within the District includes the construction of approximately 490 townhome units. A Community Development District is an independent unit of special purpose local government authorized by Chapter 190, Florida Statutes, to plan, finance, construct, operate and maintain community-wide infrastructure ih large, planned community developments. COD's provide a "solution to the state's planning, management and financing needs for delivery of capital infrastructure to service projected growth without overburdening other governments and their taxpayers." Section 190.002 (1) (a) F.S. A COD is not a substitute for the local, general purpose, government unit, i.e., the County in which the CDO lies. A COD does not have permitting, zoning or police powers possessed by general purpose governments. A CDO is an alternative means of financing, constructing, operating, and maintaining community infrastructure for planned developments, such as the proposed Development herein. The scope of this SERC is limited to evaluating the consequences of approving the proposal to establish the Falls of Portofino Community Development District. l00002843 DOC v J J 23 Agenda Item No. 8A October 24,2006 Page 34 of 85 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541 (2), F.S. (1997), defines the elements a statement of estimated regulatory costs must contain: (a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. As noted above, the Development described herein is an anticipated Planned Development Project designed for up to 490 total residential units, Formation of the District would put all of these households and commercial uses under the jurisdiction of the District. It is not anticipated that anyone outside the District would be affected by the rule creating the District, although the State of Florida and Collier County would be required to comply with the rule. (b) A good faith estimate of the cost to the agency1, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. State Government Entities There will be only modest costs to various State governmental entities to implement and enforce the proposed formation of the District. The District as proposed is within Collier County and consists of less than 1,000 acres, therefore Collier County is the establishing entity under 190.005 (1) F.S. The modest costs to various State entities to implement and enforce the proposed rule relate strictly to the receipt and processing of various reports that the proposed District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of many governmental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 169.412, F.S., the proposed district must pay an annual fee to the State of Florida Department of Community Affairs, which "... .. offsets such costs. Collier County The proposed land for the District is in Collier County and consists of less than 1,000 acres. Collier County and its staff may process, analyze, conduct a public hearing, and vote upon the petition to establish the District. These activities will absorb some resources. The costs to review the record of the local hearing, the transcript of the I For the pUIposes of this SERC, the term "agency" means Collier County and the term "rule" means the ordinance(s) which Collier County will enact in connection with the creation of the Disnict {00002843 DOC vI} 24 Agenda Item No, SA October 24, 2006 Page 35 of 85 hearing, and the resolutions adopted by the local general-purpose government will be offset by the filing fee required under 190.005 (1 )(b), F.S. These costs to the County are modest for a number of reasons. First, according to Chapter 190, F.S., review of the petition to establish the District does not include analysis of the project itself. Second, the petition itself provides much of the information needed for a staff review. Third, local governments already possess the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Fifth, the potential costs are offset by the required filing fee. Finally, local governments routinely process similar petitions for land uses and zoning changes that are far more complex than is the petition to establish a community development district. The annual costs to Collier County because of the establishment of the District, are also very small. The proposed District is an independent unit of local government. The only annual costs the County faces are the minimal costs of receiving and reviewing the various reports that the District is required to provide to the local governing authorities. Impact on State and Local Revenues Adoption of the proposed rule will have no negative impact on State and local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the planed Development. It has its own sources of revenue. No State or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida, Collier County, or any unit of local government. In accordance with State law, debts of the District are strictly its own responsibility. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entitjes, required to comply with the requirements of the rule. As used in 'thi's paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. Table 1 provides an outline of the various facilities and services the proposed District may provide. The proposed district intends to fund the stormwater management system, the water distribution and wastewater collection system, and rights of way and open space improvements. {OOO02843 DOC vI} 25 Agenda Item No. SA October 24,2006 Page 36 of 85 Table 1. Falls of Portofino Community Development District Proposed Facilities and Services FACILITY FUNDED BY O&M OWNERSHIP Stormwater Management COO COO COD Water Distribution COO COUNTY COUNTY Wastewater Collection COO COUNTY COUNTY Rights of Ways and Open Space Improvements COO COD COO COD = COMMUNITY DEVELOPMENT DISTRICT; COUNTY = COLLIER COUNTY The petitioner has estimated the design and development costs for providing the capital facilities as outlined in Table 1. The cost estimates are shown in Table 2 below. Total design and development costs for these facilities are estimated to be approximately $7,750,000. The District may issue special assessment or other revenue bonds to fund the development of these facilities. These bonds would be repaid through non ad valorem assessments levied on all properties in the District that may benefit from the District's capital improvement program outlined in Table 2. Prospective future landowners in the District may be required to pay non-ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non-ad valorem assessments for debt service, the District may also impose a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. However, locating in the District by new residents is completely voluntary. So, ultimately, all owners C!nd users of the affected property choose to accept the non-ad valorem assessments as a tradeoff for the numerous benefits and facilities that the District provides. In addition, state law requires all assessments levied by the District to be disclosed by the seller to all prospective purchasers of property within the District. A Community Development District ("COD") provides residents with the option of having higher levels of facilities and services financed through self-imposed charges. The District is an alternative means to finance necessary community services. District financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, City/County provision, or through developer equity and/or bank loans. {00002843..DOC vi} 26 Agenda Item No. 8A October 24, 2006 Page 37 of 85 In considering these costs it shall be noted that occupants of the lands to be included within the District will receive three major classes of benefits. First, those residents and businesses in the District will receive a higher level of public services and amenities sooner than would otherwise be the case. Second, a COD is a mechanism for assuring that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the revised growth management legislation, Senate Bill 360, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, a CDO is the sole form of governance which allows District landowners, through landowner voting and ultimately electoral voting for resident elected boards, to determine the type, quality and expense of the District services they receive, provided they meet the County's overall requirements. The cost impact on the ultimate landowners in the District is not the total cost for the District to provide infrastructure services and facilities. Instead, it is the incremental costs above what the landowners would have paid to install infrastructure via an alternative financing mechanism. Given the low cost of capital for a CDD, the cost impact to landowners is negligible. This incremental cost of the high quality infrastructure provided by the District is likely to be fairly low. Table 2. Cost Estimate for District Facilities Stormwater Management COST $ 5,740,741 $ 746,296 $ 803,704 $ 459,259 $ 7,750,000 CATEGORY Water Distribution Wastewater Collection Rights of Ways and Open Space Improvements Total Estimated Costs {00002843 DOC v II 27 Agenda Item No. 8A October 24, 2006 Page 38 of 85 (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be little impact on small businesses because of the formation of the District. If anything, the impact may be positive. This is because the District must competitively bid many of its contracts. This affords small businesses the opportunity to bid on District work. Collier County has an estimated population in 2000 that is greater than 75,000. Therefore the County is not defined as a "small" County according to Section 120.52, F.S. (e) Any additional information that the agency determines may be useful. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer's Engineer and other professionals associated with the Developer. (f) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule. There have been no good faith written proposals submitted to the agency as described in Section 120.541 (1 )(a), Florida Statutes. Prepared by: Richard Hans Governmental Management Services-South Florida, LLC August 19,2005 {OOOO2843 DOC v..l} 28 APPENDIX A Reporting Requirements Florida Special District Handbook ApPENDIX A: REPORTING REQUJREMENTS AT A GLANCE Agenda Item No. 8A October 24, 2006 Page 39 of 85 A dependent special district that is a component unit of a county or municipality may provide for an annual financial audit by being included in the audit of that county or municij)8lity In such instances, that audit report must clearly state that the special district is a component unit of the county or municipality. F.A.C. = Florida Administrative Code; F.S. = Florida Stawtes All special districts with either revenues or expenditures of more than $100.000.00 Annual Financial Audit Report Section 21839, F.S. Chapter 10550. Rules of the Auditor Genera! Handbook Section 2 .' 4 All special districts with revenues or expendituresJexpenses between $50,000.00 and $100,000.00 that have not been subjected to a financial audit for the two preceding fiscal years Abbreviations: A-I (00002843 DOC vI} 29 Due Date Annually within 45 days aft"n delivery of the audit report to the governmental entity, but no later than 12 months after fiscal year end,. Two copies of the annual financial audit report must be submitted to the Auditor General Agenda Item No. SA October 24,2006 Page 40 of 85 Florida Special District Handbook Submission Requirement Statutory I Rule Reference Applicable Special Districts Due Date ~ (iJlii/l;r!iifji,!'@ff',~,..1,JJ1 j) ,~~13,., '. "iJ/:'"'i IF: ir~~:prol;rfFmt L:i !:....k~~~~~~~~~;,,:~lihZ.,,~_ f~5~!j~ Creation Documents and Section 189418. F.S. Within 30 days after Amendments, M special districts Including Codified Handbook Section 1 - 4 adoption I approval. Act. if applicable Written Status Sec.-tion 189418, F.S. Within 30 days after Statement Handbook Section 1 - 4 All special dIstricts adoption f approval of creation document Dissolution Section 189.4042, F.S, Within 30 days of the Documents Handbook Section 1 - 4 All special districts. dissolution effective date, Section 189.418. F.S Within 30 days of the Merger Documents Sec.'ticn 1894042, FS, All special districts. merger's effective Handbook Section 1 . 4 date. Special District Map Section 189418, FS All special districts Within 30 days after and Amendments Handbook Section 1 . 4 adoption I approval. Annually. by the due Special District Fee Section 189.427. FS date on the Form InvoIce ($175.00) Rule 98-50003, FAC. An special districts. (sent to all special and Update Form Handbook Section 1 " 3 districts around October 1). Registered Agent Section 189 416, FS Within 30 days after and Office I nlNal Section 189418. FS All special districts the first governing Designation Handbook Section 1 - 4 board meeting Registered Agent Section 189416, FS Upon making the Section 189418. F.S All special distric.:ts. and Office Changes Handbook S€ction 1 . 4 Chal198 .. , DIsclosure of Public Section 190.009, F.S All Community At all times public Financing Development Districts. financing is imposed. Abbreviations: F.A.C.:: Florida Administrative Code; F.S. :: Flonda Statures A-2 30 {OO002843 ,DOC vI) Agenda Item No. SA October 24, 2006 Page 41 of 85 Florida Special District Handbook Due Date Annual Financial Report with a copy of the Annual Financial Audit Report attached. if required Section 189.418. F.S. Section 218.31, F.S. Section 218.32, F S. Handbook Section 2 - 3 All Housing Authorities, All independent specIal districts; All dependent special districts thai are not component units of a local governmental entity. Annually vlithin 12 months of fiscal year end (9/30) and 45 days of mudit completion If no audit is required. file by April 30 Public Depositor Annual Report to the Chief Financial Officer (Form OFS- J1.1009) Section 280 17, FS. Handbook Section 3 h 5 All special districts. Annually by November 30 Public Deposit Identification and Acknowledgment Form (Form DFS- J1-1295) Execute at the time of opening the account and keep on file. Submit only in case of default ofthe qualified public depository, Abbreviations: F.A.C. :: Florida Administrative Code: F.S. :: Florida Statutes Section 28017. F S Handbook Section 3 - 5 All special districts A-3 {00002843 DOC v.1} 31 Agenda Item No. 8A October 24, 2006 Page 42 of 85 Florida Special District Handbook ~i'DZP'1iT"'T"'r!~_ ,,:.frl',:j 4tlt..../?6::t. , I ~~ '.<~~""r:y"!" ,~f::<lli" ~'t. k: {~l:.,'L:cl -:...~ ~ ' ~lrr.r~Jd:?;i!:@,"\i11~~ii.sAI.R~;J.'I: ~yi1@"if;. ~~.(~tri.t-rn:;;;J.:~"S{<1~Hi:J.' (!0.~,~ tjlI.Wi~~~ "'1';i,i';i~*";~I',};~;,'\f'>';':1,f.i~tt}~, '( f,~l~fi1~;~n"\~. :::@X!;;p,1~~;(}[;'ttw~~~1.!;~~:~F . :", ..,... ~~""~~~------~~",,-,-_~_,J;;:;......___......... Actu8rlallmpact Section 112.63. F.S. Any special district Statement for Rule Chapter proposing benefit changes When considering Proposed Plan SOT.1 001. F.A C to its defined benefit plan changes Amendments Handbook Section 2 . 6 retirement plan. Section 112..63, FS.. Within 60 days of the Defined Rule Chapter Special districts with reporting period's Contribution Report 60T-1.004. F.AC. defined contribution plans Handbook Section 2 .. 6 ending dale. Section 112.63. F.S. Special districts with At least every three Actuarial Valuation Rule Chapter Report 60T-1. FAC, defined benefit retirement years, \,vithin 60 days Handbook Section 2 .. 6 plans. of completion ~f~t rr-~~ =~~~~~ ;;~Y7(~-c~ ~-- 7:,Z~~~:~-:-:?:;;r:1-: _ ~~:.:: ~~')~;&~~~ 1'lflm~~7:i'~'~ If t>!~~;1'~ 'l!~0~1E9~'.t .'~"':: /~f'7itfi',\!/..wul:. ~%'''(.', i.~;Ja<tif~r~J f" (H,~I' quJ. iJ,:ii!irvtr::i;, ,"!:I'''''~iff1/ ,~,;-- 1;-1~ ({, I: '~;r., ,il7.'!1 :'"'il,".I~ ,,-J!,.~,~J~,?:'~, 'W_;4~ ~ ,i~:;;'''''.:f\';*,''''''1''''"4:( ..)::;~ ~ ~ < ('_ '1 ", ' 1"\'>:i!;~'{'ffJ: f"'" " , ' . 1. 1"'U'0'J'i!if,,zI;;{{O! :\"""1'\', ,,"lil';iJr:J"'I':'r:'i-:'B~'!1::!r~tW~,,;:.::,..:ftf0)\0qs(l,t. <, ",,' ",';ili1"\\,;~)It';r-,,* tui_~~~~~~~~~~.:fai:..~~_~~~~~ Truth.ln.Millage Form DR421 Section 200.068. FS Handbook Section 3 .. 3 Special distrie,'ts that can levy taxes but will not do so durlng the year Annually by November 1 Truth-in-Millage Compliance Package Report Section 200068, F.S Handbook Section 3 . 3 Special districts levying property taxes. No later than 30 days following the adoption ofthe property tax levy ordinance/resolution 1BI!I1't:.-D1V';;j;;;1';r7'fP'1'1,...._..~~;"""'"= "''1'~lf71~'1l!9!re!''1~!mJ'7Tr''.7-''''''~'"''~'J:ll x' ( , ""eo,', 'HCAr,,=nl"~^I';::" ,-vY:~~'['''1 i~'"tlli")"'I""""'f /, 'i",.,tx'.li.'t'i'lli1~ '.' ,'['ij 4, t {'; "'ti; '\.~fqj_~1.J{-l~" f~g,\(~'/'l~.l~!~(t,..~:\ I .P...t1}Jf~1Pi':;- ""';\~f,)-;t1H~ ,.~, ,"~~ t} , , r;'im'fdTilF.Ehir:;,~i:;"'~'.i'i'" ''"' r' {I "" ",,' ~'''I,.:!H:ri~':rf"~i:~)tt:'litJ!~~~!~*\!~'~~ffl';jii<~i'r+:~I~'1l?:"n ~l~~~ Everyone required to file By the I$st day of the Form 1, receiving a gift calendar quarter Quarterly Gift 112.3148. F.S, worth over $100 00. following any DIsclosure (Form 9) Handbook Section 3 . 1 unless the person did not calendar quarter in receive any gifts duriilg' >i/hich a reportable the calendar quarter gift was received. Abbreviations: F.A.C. = Florida Administrotfve Code; F.S. = .Florida Statutes A-4 (00002843.DOC vl) 32 Agenda Item No. SA October 24, 2006 Page 43 of 85 Florida Special District Handbook Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers (Form 88) Section 1123143. F S Handbook Section 3 .. 1 Special District Local Officers with Voting Conflicts Within 15 days after the vote occurs Actuarial Valuation Report See Depaml1ent of Management Services, Division of Retirement. Annual Financial Audit Report Abbreviatlons: F.A.C. = Florida Administrative COd9; F.S. = Florida Statutes See A(ld.~or General, Local Government Section A-5 33 {00001843 DOC v..! } Agenda Item No. 8A October 24, 2006 Page 44 of 85 Florida Special District Handbook When requested, Section 189418, FS. provide to th& local Budget or Tax Levy Handbook Section 2 - 2 All special districts governing authority within the district's boundaries Section 1633191, F.S. Independent special Public Facilities J nitiaJ Section 189 415(2), F. S. districts (See Within one year of Report Rule Chapter Handbook Section the special district s 9J-33, FAC creation. Handbook Section 1.. 6 1 .. 6. page 31).. Section 1633191. F S Independent special Annually.. Contact Section 189415(2), F S Public Facilities Annual Rule Chapter districts (See each local genera!.. Notice of Any Changes 9J.33. FAC Handbook Section purpose government Handbook Section 1 .. 6 1 " 6. page 31) for the due date Every five years, at least 12 months Section 189 415(2)(a), before the due date F,S Independent special that each local Public Facilities Rule Chapter districts (See general-purpose Updated Report 9J-33, F.A.C Handbook Section government must Handbook Section 1 6 1 - 6. page 31) submit its Report to Appendix B the Department of Community Affairs See Appendix B Registered Agent and Section 189.416, F.S. Within 30 days after Office InItial Section 189418. FS All special districts. the first governing Designation Handbook Section 1 .. 4 board meeting Registered Agent and Section 189416, F,S. Upon making the Section 189418. F..S. All special districts Office Changes Handbook Section 1 - 4 change. Regular Public Meeting Schedule Section 189417, FS. Quarterly, Section 189418. FS All special districts semiannually, or Handbook Section 3 - 2 annuall~'. Abbreviations: F.A.C. = Florida Administrative Code; F.S. :: Flo/ida Statures A-6 34 {00002843.DOC v.l} Agenda Item No. SA October 24,2006 Page 45 of 85 Florida Special District Handbook Due Date Investment Pool Systems Input Documentation All special districts investing funds \^lith the Handbook. Section 3 - 6 State Board of Administration or Local Government Trust Fund. At the time of making any changes or updates to the account Resolution for Investment of Surplus Funds All special districts Section 218407. F S investing funds with the State Board of Handbook Section 3 . 6 Administration or Local Government Trust Fund. Abbreviations: F.A.C. = Florida Administrative Code; F.S. = Florida Statutes At 111e time of investing surplus funds. A-7 35 100002843 DOC v I} Agenda Item No. 8A October 24, 2006 Page 46 of 85 Florida Special District Handbook Due Date Before selling certain general obligation Advance Notice Section 218..38, F.S, All special districts as bonds & rel/enue of Bond Sale Handbook Section 2 - 5 applicable bonds or dosing on any similar Jong.term debt instruments Bond Information Section 189.418, F.S. All special districts as Within 120 days after Form/Bond Section 218.38. F S. applicable. New bond delivery of general Disclosure Form obligation bonds and (BF2003J20D4A & B) Handbook Section 2 .. 5 issues only revenue bonds Bond Verification All special districts as Within 45 days of the Handbook Section 2 . 5 Division of Bond Form (BF2005) ap plicabl e . Finance's request Final Official Section 218 38. F S All special districts as Within 120 days after Statement Handbook Section 2 . 5 applicable delivery of the bonds. [Bonds) If prepared IRS Form 8038 (Bonds) Section 159.345(1), F.S. Special districts issuing Submit with the Bond Section 159475(1). F.S., Industrial Development or Information Form & Section 1597055, F S Research and Official Statement, jf Handbook Section 2 - 5 Development Bonds. any is published. Abbreviations: F.A.C. = Florida Adminisrrative Code, F.S. = Florida Statutes A-8 {00002843 DOC vi} 36 Agenda Item No. 8A October 24,2006 Page 47 of 85 Florida Special District Handbook Submission Requirement Statutory J Rule Reference Applicable Special Districts Due Date All "special district local Within 30 days of accepting the officers" appointed appointment, then to a special district or every year thereafter Statement of Section 112.3145, FS. special district's board. by July 1 Financial Interests (Form 1) Handbook Section 3 - 1 All .special districllocal During the qualifying officers. elected period, then to a special district's every year thereafter board. by July 1 Final Statement of All .special district local Vlfithin 60 days of Financial Interests Section 1123145, F S officers. who are required leaving a public Handbook Section 3 1 to file Form 1 and are (Form 1 F) leaving a public position position No later than the last Certain special district day of the calendar Quarterly Client Section 112.3145(4), local officers. depending quarter following the Disclosure FS. upon their position, calendar quarter (Form 2) Handbook Section :3 - 1 business or interests (See during which the Handbook Section 3 - 1). representation was made. Annual Disclosure of Gifts from Governmental All special district local Entities and Direct Section 1'123148. F S. Support Section 112.3149, FS. officers who file Form 1 Annually by July 1 . and who received a Organizations and Handbook Section 3 - 1 reportable gift or expense Honorarium Event Related Expenses {Form 10} I nterest in Competitive Bid for Public Business (Form 3A) Section 112313(12)(e) FS Handbook Section 3 -1 Certain special district local officers (See Handbook Section 3 - 1) Before or at 1he time of the submission of the bid. Abbreviations: F.A.C. = Florida Administrative Code: F.S. = Florida Statures A~9 {00002843 DOC vi} 37 Agenda Item No. 8A October 24, 2006 Page 48 of 85 BEFORE THE BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF COLLIER IN RE: PETITION TO EXT ABLISH THE FALLS OF PORTO FINO COl\iMUNITY DEVELOPMENT DISTRICT / AFFIDAVIT ADOPTING WRITTEN. PRE-FILED TESTIMONY STATE OF FLORIDA COUNTY OF BROW ARD I, Larry Abbo, Vice President of Prime Homes at Portofino Falls, Ltd. by Portofino Falls Builders, Inc., a Florida corporation, its general partner, being duly sworn, do hereby state for my affidavit as follows: 1. I have personal knowledge of the matters set forth in this affidavit. 2. My name is Larry Abbo and I am the Vice President of Prime Homes at Portofino Falls, Ltd. by Porto fino Falls Builders, Inc., a Florida corporation, its general partner. 3. The prepared, written, pre-filed testimony, submitted under my name to Collier County relating to the establishment of the Falls of Porto fino Community Development District, and attached hereto, is true and correct. 4. If I were asked the questions contained in the pre-filed testimony orally at the Falls of Porto fino Community Development District establishment hearing on ,200_, my oral answers would be the same as the written answers presented in my pre-filed testimony. Agenda Item No. 8A October 24,2006 Page 49 of 85 5. My pre-filed testimony generally addresses the nature of the services and facilities to be provided by the proposed Falls of Porto fino Community Development District, the truth and accuracy of the Petition to establish the proposed District, and compliance with the factors to be considered in the establishment of a community development district. Under penalties of perjury, I declare that I have read the foregoing and the facts alleged are true and correct to the best of my knowledge and belief. Executed this , I day of N C \J r:; I'VI g~ ~ , 200 5' . Prime Homes at Portofino Falls, Ltd. by Portofino Falls Builders, Inc., a Florida corporation, its general partner, By: SWORN TO and SUBSCRIBED before me by the Affiant, on this ( I , day of N () Ii ~ lo/l i4~ r...... ,2002-. "~~:;U'" Linda. Soeolow /i:,:'~;';'~~;\ Com.mission #D020] 844 ~.~'.:. ~-Bi':SfP~rlls: May 17,2007 "'~OiF'-O.' ~ondedThru """ ,.,' Atlantic Bonding Co., Inc. ~cLa ~I' Notary Public State of Florida L.J TY 1)/1 .~ OCCLC v) Typed Name of Notary Public Personally Kno\vn v Type Identification produced 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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Agenda Item No. SA October 24, 2006 Page 50 of 85 TESTIMONY OF LARRY ABBO'l VICE PRESIDENT 1. Please state your name and business address. My name is Larry Abbo. My business address is 21218 St. Andrews Avenue #510, Boca Raton, FL 33433 2. By whom are you employed and in what capacity? I am Vice President of Prime Homes at Portofino Falls, Ltd., by Portofmo Falls Builders, Inc., a Florida corporation, its general partner. 3. Please describe your duties in this position. As Vice President, I a responsible for oversight of all operations related to land development, construction, accounting and sales. 4. Please describe your experience and credentials, including your current employment. See Attached Resume' 5. How long have you help this position? 1989- Present 6. Are you generally familiar with the geographic areas, type, and scope of development and tbe available services and facilities within the proposed Community Development District to be known as Falls of Portofino Community Development District? Yes, I am familiar with the Falls of Portofino CDD geographic area. I am familiar with the scope of development and available services and facilities within the proposed CDD. 7. Please describe your involvement with the Petition for an Ordinance to Establish the Falls of Portofino Community Development District ("Petition")? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ')- -) 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 10. 11. 11. Agenda Item No. 8A October 24, 2006 Page 51 of 85 I have been involved with the formation of the Falls ofPortofmo CDD since its inception. I was involved in the planning stages of the Falls of Portofino CDD and in the preparation of the CDD Petition and Exhibits. 8. Have you reviewed the contents of the Petition? Yes, I have reviewed and approved the contents of the Petition and Exhibits. 9. Are there any changes or corrections to any of the Exhibits attached to the Petition at this time? No. Are the contents of the Petition and Exhibits true and correct to the best of your knowledge? Yes. In response to this Petition, what action has Collier County taken? We had a Pre-Application Conference on August 16, 2005. We received comments from Collier County in a letter dated August 19,2005. Has the Falls of Portofino CDD received any other comments from the public or any other governmental agency? No. 12. Approximately how large is the land area proposed to be in the Falls of Portofino CDD? The land area proposed by the Falls of Portofmo CDD consists of approximately 68.39 Acres 13. Who are the Owners of the proposed land to be included in the Falls of Portofino CDD? a. Prime Homes at Portofino Falls, Ltd., by Portofmo Falls Builders, Inc., a Florida corporation, its general partner b. Gerardo Mederos 14. Have the Owners Provided an Affidavit of Ownership and Consent to the Creation of the Falls ofPortofmo CDD? Yes. 2 1 2 3 4 5 6 7 8 9 15. Agenda Item No. 8A October 24,2006 Page 52 of 85 Does this conclude your testimony? Yes. 3 Agenda Item No. SA October 24, 2006 Page 53 of 85 Larry Mayer Abbo 21218 Saint Andrews Boulevard #510 Boca Raton, Florida 33433 Telephone (954) 392-8788 rRQER$'$tQ~APit~ltRtttNcjlt 1997 to Present 1990 to 2000 1993 to 1995 Prime Investors and Developers. Inc. d/b/a Prime Homebuilders, Executive Vice President, General Contractor/Qualifier. All stages ofproject development and administration. In progress: Portofino Village, a 930 single and multi-family home community in Indian River County Florida; Portofino Shores, a 519 single-family home community in Fort Pierce, Florida; Portofino Landings, a 448 multi-family home community in Fort Pierce, Florida; Portofino Isles, a 764 single and multi family home community, Port Saint Lucie, Florida; Portofino Court, a 300 multi- family home community in Port Saint Lucie Florida; Portofino Lakes, a 120 single family home community in Homestead, Florida; Portofino Oaks, a 92 single family community in Homestead, Florida; Portofino Pointe, a 105 single-family home community in Homestead, Florida; Porto fino Palms, a 172 single-family home community in Homestead, Florida; Villa Portofino West, a 211 multi-family home community in Homestead, Florida; Villa Portofmo East, a 103 multi-family home community in Homestead, Florida; Porto fino Plaza, a 90,000 SF retail & office building in Homestead, Florida; Portofino Professional Center, a 60,000 SF professional office building in Homestead, Florida; Portotino Falls, a 490 multi- family home community in Naples, Florida; Portofino Cove, a 292 multi-family home community in Fort Myers, Florida; Portofmo Springs, a 192 multi-family home community in Fort Myers, Florida. Completed communities: Portofino Estates, a 130 single-family home community in Homestead, Florida; Porto fino Bay, a 163 single-family home community in Homestead, Florida; Portofino North at Monarch Lakes, a 118 single-family home community in Miramar, Florida. ; Portofino South at Monarch Lakes, a 169 single-family home community in Miramar, Florida. Boynton Estates, a 40 home community in Boynton Beach, Florida; Conlen Residence, a 6,000 SF custom residence on the intracoastal waterway, Highland Beach, Florida CenturY Investors and Developers. Inc., Executive Vice President, General Contractor/Qualifier; project administrator in addition to construction financing and end-loan administrator. Completed projects include: Paradise Homes, a 35 single family home community in Miami, Florida; Abbro Development, a 10 custom home community in Miami, Florida; The New Le Mirage, a 32 single family home community in Miami, Florida; Interian Homes, 4 luxury residences in Miami, Florida; Tamarind Grove, a 54 townhome/villa community within Miami, Florida; Mizner Village at Heron Bay, a 56 luxury home community in Coral Springs, Florida; Addison Court at Wyndham Lakes, a 166 townhome/villa community within Coral Springs, Florida. Various custom homes. Sistemas Avazados de Construcci6n C.A. (Advanced Construction Systems, C.A.), Vice President with responsibilities including steel structure design and fabrication, estimating, bidding, and general administration. Completed jobs include: Costa Norte Offices, Punto Fijo, Venezuela; Provincial Bank of Costa Oriental, Venezuela; Custom Chalet, Boeono, Venezuela; Industrial eating facility within pequiven Petrochemicai Plant, EI Tablazo, Costa Oriental, Venezuela; Bechtel Offices, Maracaibo, Venezuela. Agenda Item No. SA October 24, 2006 Larry Maye?~Q5b54 of 85 Professional Resume Page 2 of2 1989 to 1993 AGL Construction & Development Cm})., Comptroller and Vice President of Construction. General Contractor/Qualifier for construction activities. Responsibilities included: planning, pennitting, budgeting, bidding procedures/execution, management of funds, cost accounting, construction supervision, customer care and relations, and coordinating of closings. Completed projects included: Boca Bella, a 60 townhome community within Boca Raton, Florida; Kids'R'Us shopping center, Coral Springs, Florida; Kidstop Early Learning Center, Boynton Beach, Florida. EDtfCATloN~TQ""uX'I3mCATIONS ~-,,-.-~- ".... ,,",..,~,.,...,< "'-. '.--" "'" ,-,;;. '<" ""......".j<..,>'"..-:~ ~ '-,......;;.,.,.. _'.., ;.,=>''''-'.:''','d''' '..-,:;,,,,"_'~,.... ,,' ,..-.,'.,.c'.>A, .~,","'P",...-" 1998 State Certified Building Inspector. License # BN 0003358. 1996 Florida Energy Efficiency Code for Building Construction. Class three rater. License # 595409892 1993 Gold Coast School of Real Estate, Boca Raton, Florida. Real Estate Broker. License # BK 0565477 1990 to 1995 Florida Atlantic University Major: Engineering 1993 to 1995 Universided del Zulia Major: Engineering 1992 Gold Coast School of Real Estate, Boca Raton, Florida. State Registered Appraiser. Registration # R1 0003148 1992 Contractors School, Pompano Beach, Florida. State Certified Roofing Contractor. License # CCC 056654 1991 Contractors School, Pompano Beach, Florida. State Certified General Contractor. License # CGC 053496 1991 Southern Building Code Congress International, Inc. (SBCCI) Registered Building Inspector. Registration # 4344 1990 Gold Coast School of Real Estate, Boca Raton, Florida. Mortgage Broker. License # HB 595409892 SP 1990 Gold Coast School of Real Estate, Boca Raton, Florida. Real Estate Salesperson. License # SL 0565477 P~QFE$'sJQ~Mr~ItIArlPr;{~ · Southern Building Code Congress International, Inc. (SBCCI) · Realtor Association of Greater Fort Lauderdale · Florida National Association of Realtors · Builders Association of South Florida (BASF) · Latin Builders Association · National Association of Home Builders Agenda Item No. SA October 24, 2006 Page 55 of 85 BEFORE THE BOARD OF COM:MISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF COLLIER IN RE: PETITION TO ESTABLISH THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT I AFFIDAVIT ADOPTING WRITTEN. PRE-FILED TESTIMONY STATE OF FLORIDA COUNTY OF COLLIER I, Richard Hans, of Government Management Serviced-South Florida, LLC, being duly sworn, do hereby state for my affidavit as follows: 1. I have personal knowledge of the matters set forth in this affidavit. 2. My name is Richard Hans and I am a managing member of Government Management Services-South Florida, LLC. 3. The prepared., written, pre-filed testimony, submitted under my name to Collier County relating to the establishment of the Falls of Porto fino Community Development District, and attached hereto, is true and correct. 4. If I were asked the questions contained in the pre-filed testimony orally at the Falls of P orto fino Community Development District establishment hearing on ,2005, my oral answers would be the same as the Vvntten answers presented in my pre-filed testimony. Agenda Item No. 8A October 24, 2006 Page 56 of 85 5. My pre-f1led testimony generally addresses the nature of the services and facilities to be provided by the proposed Falls of Portofino Community Development District, the truth and accuracy of the Petition to establish the proposed District, and compliance with the factors to be considered in the establishment of a community development district Under penalties ofperjury, I declare that I have read the foregoing and the facts alleged are true and correct to the best of my knowledge and belief. Executed this 7 day of ~e/;kVV1 tr't/" I ,2005. u~ / ( SWfRij. "TO and SUBSCRIBED before me by the Affiant, on this1tv... , day of <.:V'~:i:UI\.A.i,.,) / .2005. , .. ./ l'$'#.~:~~. PATTI POWERS {:.(A f~ MY COMMISSION fi DD 421651 -';;:rP.t.~"S~mES; AugUSI22, 2009 , . JUll _ j =0 ru Notary Public UndsrYr1iters ~tVv No1)Y P.UbliC State of Florida tbtt\l'PoW~ Typed Name of Notary Public Personally Known ~/". Type Identification produced Agenda Item No. 8A October 24, 2006 Page 57 of 85 TESTIMONY OF RICHARD HANS 1. Please state your name and business address. Richard Hans, 5701 N. Pine Island Rd., Suite 370, Ft. Lauderdale, FL 33321 2. By whom are you employed and in what capacity? Governmental Management Services-South Florida, LLC Managing Member 3. And what is the nature of your firm's business? Providing management and consultant services to Community Development Districts. 4. Please describe your experience and credentials, including your current employment. I am currently employed by Governmental Management Services-South Florida, LLC. I have been involved in all aspects of managing Community Development Districts over the past six years; I have provided accounting services, field management and administrate management services, acted as special assessment administrator, and methodology consultant. I have been Secretary! Assistant Secretary for over 100 community development districts. 5. Please describe your educational background, with degrees earned, major areas of study, year of degree, and institutions attended. I received my Bachelor of Science degree in Natural resource Management from Rutgers University in 1984. I earned my Master of Science degree in Forest Biometrics from Virginia Tech University in 1986. 6. Do you hold any professional designations or certifications? Community Association Manager 7. Are you a member of any professional associations? Florida Association of Special Districts 8. Prior to your current employment, by whom were you employed and in what position? Severn Trent Environmental Services, Inc. - District Manager 9. Have you previously 'worked with other CDD petitions? Have you previously prepared a Statement of Regulatory Costs ("SERC")? Yes. I have prepared the Statement of Regulatory Costs for numerous Community Development Districts. 10. Have you ever been qualified as an expert in the preparation of such testimony regarding Community Development Districts? Yes, most resently for the Tesoro Community Development District established by Agenda Item No. 8A October 24, 2006 Page 58 of 85 the Florida Land and Water Adjudicatory Commission. 11. Please summarize your previous work experience relating to CDDs and special districts in general. See question 4 12. Where in Florida are the districts with which you have worked? I currently manage Districts in Collier, Lee, Miami Dade, Broward, Palm Beach and St. Lucie County. I have certified the non ad valorem assessment roll and served as Secretary/Assistant secretary for Districts in Brevard, Charlotte, Clay, Flagler, Hillsborough, Lake, Leon, Manatee, Orange, Osceola, Pasco, Polk Sarasota, and St. Johns Counties 13. Please list the proceedings in which you have been qualified as an expert witness regarding the establishment (including contractions and/or additions to) of CDDs and the operation and management of CDDs I have acted as an expert witness in the bond validation process for Copper Oaks CDD, Orchid Grove CDD, Monterra CDD, East Homestead CDD, Vizcaya in Kendall CDD, Stonegate CDD, South Kendall, and Portofino Isles CDD 14. Do you consider yourself an expert in economic analysis and forecasting in regard to CDDs? Yes, I consider myself an expert in the economic analysis of CDDs. 15. Are you familiar with the geographical areas, type, and scope of development and the available services and facilities within the Falls of Portofmo CDD? Yes. 16. Are you familiar with the Petition filed to establish the Falls of Portofmo CDD? Yes. 17, What has been your role with respect tQ the Petition to Establish ("Petition") Falls of Porto fino Community Development District ("Falls of Portofino CDD)? I have prepared the SERC 18. Please generally describe each of the exhibits attached to the Petition. Exhibit 1 - Location Map Exhibit 2 - Legal Description Exhibit 3 - Landowner consent Exhibit 4 - Existing land uses map for lands within and abutting the proposed District. Exhibit 5 - Proposed land uses within the District Exhibit 6 - Proposed development plan for the property within the District Exhibit 7 - Existing major water mains and sewer connections, along with major outfall canals and drainage systems for lands within the proposed District Exhibit 8 - Services and facilities to be provided by the District Exhibit 9 - Time table to construct the District facilities Exhibit 10 - Statement of Estimated Regulatory Costs. 2 Agenda Item No. SA October 24, 2006 Page 59 of 85 19. Are the contents of the Petition and the exhibits attached to it true and correct to the best of your knowledge as of the date your prepared testimony is fIled? Yes. 20. Why is Falls of Portofino petitioning for an ordinance to establish the Falls of Portofino eDD? Forming a community development district to deliver community development services and facilities is the best alternative available. Only the residents of the District and no one outside the boundaries of the district will be financially impacted. The District will also provide a perpetual entity to provide for the ongoing operations and maintenance of the facilities providing for a higher level of service to the residents than may otherwise be available. Let me ask you a few questions about certain opinions you may have based on your experience in enD management, real estate development and the development of lands within the FaIls of Portofino eDD in particular 21. Based on your experience in enD management, do you have an opinion as to whether the proposed Falls of Portofmo CDD is of sufficient size, sufficient compactness, and sufficient contiguity to be developed as a functionally interrelated community? Yes 22. 'Vhat is the basis for your opinion? Previous experience. 23. Based on your experience, do you have an opmlOn as to whether Falls of Portofino eDD is the best alternative available to provide community development services and facilities to the area that will be served? Yes. 24. What is your opinion and the basis for it? The development of the land within the CDD will require the construction of substantial public infrastructure improvements and the ongoing maintenance of these improvements. The CDD is authorized by Chapter 190, Florida Statutes to plan, finance, construct, operate and maintain community-wide infrastructure. The CDD can access the tax-exempt public capital markets and finance the improvements at a lower cost than through developer funding. The District also has the ability to assess the property within the District providing for the ability to fund large capital improvement projects that other entities could not. The District's ability to collect its funds through special assessments collected on the Collier County Property Tax Bill assures a reliable revenue source for the ongoing maintenance of the District. This provides for the CDD to be more effective than an BOA in maintaining the improvements. The CDD Board is controlled by the 3 Agenda Item No. SA October 24, 2006 Page 60 of 85 landowners and eventually the residents, so the residents can determine the level of service to be performed. A eDD is a local unit of government which operates under the Sunshine Laws and must follow specific guidelines. . This local control and oversight would make the CDD a more appropriate entity to provide the community development services, than even the general purpose government which needs to deal with a variety of other issues. The reason stated above; lower financing cost due to access to the tax exempt market, a consistent revenue source by the CDD's ability to utilize the services of the Collier County Tax Collector, District residents having control, removing the burden from general purpose government are all important reasons as to why a CDD is the best alternative to provide community development services and facilities. 25. Based on your experience, do you have an opinion as to whether the services and facilities to be provided by Falls of Portofino eDD will be compatible with the uses and existing local and regional facilities and services? Yes. 26. What is your opinion and the basis for it? The services are compatible and do not duplicate any available regional service or facilities. The infrastructure services and facilities are required by development agreements governing the property. 27. Based on your experience, do you have an opinion as to whether the area to be included within Falls of Portofino eDD is amenable to being served by a separate special district government? Yes 28. What is the basis for your opinions? The size and compactness of the land to be included in the CDD lend itself well to being serviced by a separate special district government. The District's scope is limited in the services and facilities it can provide and it does not compete with the local government. Turning to the economic exhibits and opinions, we will begin addressing portion of the Petition to Establish the Falls of Portofino CnD boundaries that relate to certain economic analysis matters, including the exhibits and your expert opinions on economic analysis issues. 29. Are you familiar with the S.E.R.C.? Yes. 30. How familiar? I prepared the SERe in accordance with statutory requirements 31. Are there any corrections required? No. 4 Agenda Item No. SA October 24, 2006 Page 61 of 85 32. In general terms, please summarize the economic analysis you have presented in the SERe. Following the requirement of F.S. 120120.541 (2), all required analysis has been performed. A good faith estimate of the number of individual or entities required to conform to the rule, and a good faith estimate of the cost to local and state government to enforce the rule and the affect on local and state revenues has been presented. It was found the processing costs are minimal and will be offset by the filing fee and there will no negative impact on state and local revenues. The facilities being provided are outlined and a good faith estimate of the cost to provide these facilities along with the entities which will be incurring the cost is also presented. Finally, an analysis on the impact on small businesses is provided. There will be no adverse affect on small businesses. Collier County is not considered a small county, therefore a analysis for the impact on the county is not required. 33. Please describe briefly the data and methodology you used in preparing the SERC and related analysis. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer's Engineer and other professionals associated with the Developer. Turning now to the state and local comprehensive plan criteria of Section 190.005(1)(e)2., do you have an opinion as to whether the establishment of Falls of Portotino cnn is inconsistent with any applicable element or portion of the State Comprehensive Plan? 34. What is your opinion? It is my opinion that the establishment of Falls of Porto fino is not inconsistent with any applicable element or portion of the state comprehensive plan. 35. What is the basis for that opinion? I have reviewed the 25 specific goals and policies of the State Comprehensive Plan, (Chapter 187, Florida Statutes) and did not find any inconsistency the establishment of the CDD would have the goals and policies of the plan. 5 Agenda Item No. 8A October 24,2006 Page 62 of 85 36. What is Subject 15 and why is it relevant? Subject 15, entitled Land Use, recognizes the importance oflocating development in areas that have the fiscal abilities and service capacity to accommodate growth. It is relevant because CDDs are designed to provide infrastructure services and facilities in a fiscally responsible manner to the areas which can accommodate development. The Falls of Porto fino CDD will have fiscal capability to provide the specified services and facilities within its boundaries. 37. What is Subject 20 and why is it relevant? Subject 20, entitled Governmental Efficiency of the State Comprehensive Plan provides that governments shall economically and efficiently provide the amount and quality of services required by the public. The proposed Falls of Portofino CDD will be consistent with this element because the proposed Falls of Portofmo CDD will continue to: (i) cooperate with other levels of Florida government; (ii) be established under uniform general law standards as specified in Chapter 190, Florida Statutes; (iii) be professionally managed, financed, and governed by those whose property directly receives the benefits; (iv) not burden the general taxpayer with costs for services or facilities inside Falls of Porto fino CDD; and (v) plan and implement cost efficient solutions for the required public infrastructure and assure delivery of selected services to residents. 38. What is Subject 25 and why is it relevant? This subject calls for systematic planning capabilities to be integrated into all levels of government throughout the state, with particular emphasis on improving intergovernmental coordination and maximizing citizen involvement. The proposed Falls of Portofino CDD will be consistent with this element of the State Comprehensive Plan because: (i) the proposed Falls of Portofino CDD will systematically plan for the construction, operation and maintenance of the public improvements and the community facilities authorized under Chapter 190, Florida Statutes, subject to and not inconsistent with the local government comprehensive plan and development regulations; (ii) Falls of Portofino CDD meetings are publicly advertised and are open to the public so that all Falls of Portofino CDD property owners and 6 Agenda Item No. 8A October 24, 2006 Page 63 of 85 residents can be involved in planning for improvements; (iii) Section 189.415, Florida Statutes, requires Falls of Portofino CDD to file and update public facilities reports with the County, which it may rely upon in any revisions to the local comprehensive plan. 39. Are there any other subjects within the State Comprehensive Plan which are- relevant? Yes, Subject 17 entitled Public Facilities. The applicable goal and policies of Subject 17 relate to (i) protecting investments in existing public facilities; (ii) providing for planning and financing for new facilities, (iii) allocating the costs of new public facilities on the basis of the benefits received by future residents; (iv) implementing innovative but fiscally sound techniques for financing public facilities; and (v) identifying and using stable revenue sources for financing public facilities. 40. Do you have an opinion, as someone with expertise in planning, as to whether the establishment of Falls of Portofmo CDn is inconsistent with any applicable element or portion of the Collier County Comprehensive Plan? Yes. 41. What is that opinion? The establishment of Falls of Portofino CDD is not inconsistent with any applicable element or portion ofthe Collier County Comprehensive Plan. 42. What is the baisi for this opinion? Chapter 190, Florida Statutes, prohibits any community development district from acting in a way inconsistent with the local government's comprehensive plan, and the exercising of any power must be done with the comprehensive plan in mind. Thus, any activities of the CDD must be in compliance with County procedures and the use of those powers granted to the CDD does not make it inconsistent with the local Collier County Comprehensive Plan. I have examined the Future Land Use Element (FLUE) of the Collier County Plan and the proposed land uses within the proposed CDD are consistent with the authorized uses contained in the FLUE 43. Does this conclude your testimony? Yes. 7 Agenda Item No. 8A October 24, 2006 Page 64 of 85 BEFORE THE BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF COLLIER INRE: PETITION TO ESTABLISH FALLS OF PORTOFINO COMMUN1TY DEVELOPIvIENT DISTRICT I AFFIDAVIT ADOPTING WRITTEN. PRE-FILES TESTIMONY STATE OF FLORIDA COUNTY OF COLLIER I, David R. Underbill, Jr., P.E., of Banks Engineering, Inc., being fIrst duly sworn, do hereby state for my affidavit as follows: 1. I have personal knowledge of the matters set forth in tbis affidavit. 2. My name is David R. Underbill, Jr., P .E., and I am a Registered Professional Engineer employed by Banks Engineering, Inc. 3. The prepared, written, pre-fIled testimony, submitted under my name to Collier County relating to the establishment of the Falls of Portofino Community Development District, and attached hereto, is true and correct. 4. If I were asked the questions contained in the pre-filed testimony orally at the Falls of Portofino Community Development District establishment hearing, my oral answers would be the same as the v-.'Titten answers presented in my pre-filed testimony. 5. My credentials, experience and qualifications concerning my work with land development projects as a professional engmeer are accurately set forth in my pre-filed testimony. 6. My pre-filed testimony generally addresses the nature of the services and facilities to be provided by the proposed Falls of Portofino Community Development District, the truth Agenda Item No. 8A October 24,2006 Page 65 of 85 and accuracy of the Petition to establish the proposed District, and compliance with the factors to be considered in the establishment of a commW1.ity development district 7. My testimony has been revised to correct minor typographical and grammatical errors. Under penalties of perjury, I declare that I have read the foregoing and the facts alleged are true and correct to the best of my knowledge and belief. Executed this 4th day of November, 2005. f).cJ(2~ David R. Underhill, Jr., P .E. SWORN TO AND SUBSCRIBED before me by the Affiant, on this 4th day of November, 2005. ..;;.~~';ytb'" Lin~~ Socolow l;~~"'.~'~:: Com.mls~lon #D020] 844 ;,~, '{).;''''': Expires. May 17,2007 "';~ OF f'O~~ ,-- Bonded Thru "'",,\\ Atlantic Bonding Co., Inc. ~cUAflL'-6..~ JJ Notary Public State ofFloricla L) AI il,1- S 0 C D ( a tJ Name ~ Personally Known Type of identification produced 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 - 24 ;- -) 26 27 28 29 30 31 32 ...,..., :>:> 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Agenda Item No. 8A October 24, 2006 Page 66 of 85 TESTIMONY OF DAVID R. UNDERHILL~ JR.~ P.E. 1. Please state your name and business address. My name is David R. Underhill, Jr., P.E.. My business address is 6640 Willow Park Drive, Suite B, Naples, Florida 34109. 2. By whom are you employed and in what capacity? I am currently employed as a professional engineer with Banks Engineering, Inc.. and I am a Vice President of Banks Engineering, Inc.. 3. And what is the nature of your firm's business? Banks Engineering, Inc. provides engineering, survey/mapping, land planning and design services to private developments and government clients. 4. Please describe your experience and credentials, including your current employment. I am a Registered Professional Engineer in the State of Florida with over 15 years of engineering experience. 5. Please describe your educational background, with degrees earned, major areas of study, year of degree, and institutions attended. I graduated from the University of Florida with a Bachelor of (Civil Engineering) Science Degree in 1988. 6. Do you hold any professional designations or certifications? I am a Professional Engineer in the State of Florida, P.E. #47029. 7. Are you a member of any professional associations? I am no longer an active member of any professional associations. 8. Prior to your current employment, by whom were you employed and in what position? I was employed as a Professional Engineer for Agnoli, Barber & Brundage. 9, Do you consider yourself an expert in civil engineering? Yes. 10. Please describe your experience with civil engineering relating to community development districts ("CDDs") and special districts. 1 1 2 '" ,) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ?- -) 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 11. 12. 13. 14. 15. 16. 17. 18. Agenda Item No. 8A October 24, 2006 Page 67 of 85 1 have provided engineering services to several CDDs throughout my career. I currently serve or have served as CDD Engineer for the Cedar Hammock CDD, Parklands West CDD and the Lee Parklands CDD. Do you consider yourself an expert in civil engineering, capable of rendering expert opinions on CDDs, and specifically on infrastructure for CDD services? Yes. What has been your role with respect to the Petition to Establish ("Petition ") City Gate Community Development District ("Falls of Portofino CnD")? My firm has provided civil engineering and consultation services to the proposed CDD. Are you familiar with the Petition filed to establish Falls of Portofino CnD? 1 have reviewed the Petition and its attachments, and I am familiar with the materials. Have you reviewed the contents of the Petition? Yes. Are there any changes or corrections to the Petition at this time? No. Are there any changes or corrections to any of the exhibits attached to the Petition at this time? No. Are you generally familiar with the geographical areas, type, and scope of development and the available services and facilities within Falls of Portofino enD? Yes. I am familiar with the area within Falls of Portofino CDD ("CDD Area"). I am also familiar with the services and facilities available within Falls of Porto fino CDD. Please provide us with a brief description of Falls of Portofino CDD boundaries and location? The proposed Falls of Portofino CDD is 68::l:: acres, as described by the sketch contained in the Petition. It is located approximately one (1) mile west of Collier Boulevard, immediately north of Vanderbilt Beach Road and immediately west of the Island Walk DR!. 19. Please describe Exhibit "1" (i.e., location map); Exhibit "2" (sketch and metes and bounds legal description of the boundaries of District); and Exhibit "3A-3C" (i.e., map of the proposed stormwater sewer interceptors and outfalls, map of proposed water mains and force mains, and the map of the existing infrastructure) of the Petition. 2 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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Agenda Item No. 8A October 24,2006 Page 68 of 85 Exhibit I shows the location of the CDD Area within Collier County. Exhibit 2 - is a sketch of the 68:1: acres dated March 29, 2005, and describes lands to be included in Falls of Porto fino CDD. Exhibit 3A-3C - are maps prepared by Banks Engineering, Inc. showing the master water management plan, the conceptual master potable water distribution plan, and the conceptual wastewater collection plan. 20. Are the contents of the Petition and the exhibits attached to it true and correct to the best of your knowledge as ofthe date your prepared testimony is filed? Yes. Let me ask you a few questions about certain opinions you may have based on your experience with enDs, civil engineering, real estate development, and the development of lands within Falls of Portofino enD in particular. 21. Based on your experience, do you have an opinion as to whether the proposed Falls of Portofino eDD is of sufficient size, sufficient compactness, and sufficient contiguity to be developed as a functionally interrelated community? Yes. 22. What is your opinion? Based on my previous experience and review of the Petition and exhibits thereto, the proposed Falls of Portofino CDD is of sufficient size, compactness and contiguity to be developed as a functional interrelated community. 23. What is the basis for your opinion? A "community" should be defined as a group of individuals who are linked by common social, political or economic interest. Community governments provide people with those facilities and services they desire to have in the community. These involve the need for acceptable shelter and security for the welfare of the community as well as the physical elements including the land uses, roads, park/open spaces and other public facilities and services which lend comfort and convenience to the members of the community. These elements relate to each other to make the community function. From the planning perspective, the term "functional interrelated community", means that each community function has mutual relationship to the other. Each function must be designed to contribute to the development or maintenance of the larger whole, or as used here, the community. Using the understanding outlined above of a "functional interrelated community", I can determine whether the actual physical area of the District would function to provide infrastructure to the proposed community development raises any problems as to size, compactness or contiguity. The size of the land area for the community development is approximately 68 acres. In my opinion, the size is sufficient to accommodate the. permitted land use and the required, interrelated infrastructural facilities and services, and is therefore adequate to 3 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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 24. 25. Agenda Item No. SA October 24, 2006 Page 69 of 85 meet the intended purpose of the development. In addition, the size is sufficient to operate as a community because it has been master planned to be efficient in land utilization, to provide for all land uses necessary to be physically, and socially self sustaining. The tenn "compactness" is related to the closeness in distance betv.reen the lands within the development. Having reviewed the District, I find that the development area within The Falls of Portofino CDD is very compact and has no major obstacles separating the land uses. In my opinion, therefore, the land area within the proposed community development which the District would service is sufficiently compact to be a functional interrelated community. Contiguity is another spatial tenn which describes lands which are adjacent, where all areas in actual contact or are separated by no more that a road or street. The land area which will be services by The Falls of Portofino Community Development District is, I believe, sufficiently contiguous to be a functional interrelated community and allows for the efficient provision of infrastructural systems, facilities and services. Based on your experience, do you have an opinion as to whether Falls of Portofino cnn is the best alternative available to provide community development services and facilities to the area that will be served? Yes. What is your opinion and the basis for it? From a planning prospective there are three alternative ways to provide basic systems, facilities and services to the community development on this property in Collier County. The first is private, through developer managed improvements, separate private infrastructural contractors, a private utility company, a homeowner association, or any combination of these private means of providing community development services and facilities along with related financing powers. The second alternative is public either through County management and financing through dependent districts, or through County management with fmancing by the use of County Municipal Service Taxing Units (MSTU), or County Municipal Service Benefit Units (MSBU). Finally, the third alternative is also public but through the specialized but limited Community Development District provided for by Chapter 190, Florida Statutes, which coincides with both public and private interests and capabilities. Planning considerations needed to detennine the best alternative to deliver basic infrastructure to community developments are the following: whether the alternative is able to provide the highest quality systems, services and facilities; whether the alternative is capable of delivering the facilities, system and services in a timely manner when the community development service and facility demand occurs; whether the alternative has a means of management to be responsive to the community development over the long tenn; and whether the alternative could obtain and maintain long-tenn financing to facilitate the management benefits. The supply of infrastructure in advance of the impacts of the actual development, concurrency, is an importation consideration. In this regard, it is vital to have an understanding of the community development infrastructure commitments during the 4 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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 28. 29. Agenda Item No. SA October 24, 2006 Page 70 of 85 master planning process to properly and efficiently phase the construction of the community development facilities. This allows a full utilization of facilities before new branches of these facilities are constructed. The statutory District reporting mandates can be utilized by Collier County as a concurrency management mechanism to implement applicable provisions (i.e., Future Land Use Element, Capital Improvement Element, etc.), of its Growth Management Plan. The Community Development District alternative means of providing community development systems, facilities and services allows for a superior cooperative concurrency management program between the county general purpose government and the District special purpose local government and the private landowner and developer. 26. Based on your experience, do you have an opinion as to whether the services and facilities to be provided by Falls of Portofino enD will be compatible with the uses and existing local and regional facilities and senices? Yes. 27. What is your opinion and the basis for it? I have reviewed the land area on which the District will be established to determine if there are an regional systems, services or facilities which through their existence may be problematic related to District functions, and found no such facilities. Therefore, no problems would be created. Further, by legislative mandate all actions and implementation of any or all of the District powers are governed by and must not inconsistent with Collier County's Comprehensive Plan. This insures compliance with Collier County land development regulations and concurrency requirements. Based on your experience, do you have an opinion as to whether the area to be included within Falls of Portofino enn is amenable to being served by a separate special district government? Yes, I do. It is my opinion that the area designated to be included in Falls of Portofino CDD is amenable to continued existence as a separate special district government. What is the basis for your opinions? I have reviewed information about the District from this prospective and have determined that the terminology "separate special district-governance" means governance, established by law through petition and votes by the Board of County Commissioners, with limited infrastructure management special functions and related powers to levy taxes to special assessments and issue bonds within a legally defined geographical area. The District, if established, would be a special district government. The term "amenable" can be defined to be an appropriateness for accountability, or responsive. Having determined that the land area is of sufficient size, and is sufficiently compact and sufficiently contiguous to be functional as an interrelated community, I then considered whether that land area is also amenable to being. governed by the Community Development District as set forth in its uniform charter to Section 190.006 through 5 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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 30. 31. 32. 33. Agenda Item No. 8A October 24, 2006 Page 71 of 85 190.041, Florida Statutes. I have reviewed this subject from the potential exercise by the District of any and all of its special powers in that charter. In my opinion, the land area for the District is amenable to special district governance because the land area proposed to be established as a District has the need for the services and would benefit from the facilities that the special district would provide and though my previous findings, the land area is sufficient size, sufficiently compact and contiguous to be a functional interrelated community. Turning now to the state and local comprehensive plan criteria of Section 190.005(1)(e)2., do you have an opinion as to whether the establishment of Falls of Portofino CDD is inconsistent with any applicable element or portion of the State Comprehensive Plan? Yes. What is your opinion? It is my opinion that the establishment of Falls of Porto fino COD is not inconsistent with any applicable element or portion of the state comprehensive plan. What is the basis for that opinion? I have reviewed, from a planning perspective, the State Comprehensive Plan, particularly those portions which relate to CDDs. The State of Florida Comprehensive Plan (Chapter 187, Florida Statutes) "provides long-range policy guidance for the orderly social, economic, and physical growth of the state." From a planning perspective, four subjects, subject 15, 20, 25, and 17 of the State Comprehensive Plan are relevant to the establishment ofa COD. What is Subject 15 and why is it relevant? Subject 15, entitled Land Use, recognizes the importance of locating development in areas that have the fiscal abilities and service capacity to accommodate growth in an environmental acceptable manner. It is relevant because COOs are designed to provide infrastructure services and facilities in a fiscally responsible manner to the areas which can accommodate development. The establishment of Falls of Portofino CDO will not be inconsistent with this goal because Falls of Porto fino COD will have the fiscal capability to provide the specified services and facilities within its boundaries. Some environmentally sensitive areas are located within the CDD area. These wetland areas are mostly being preserved and enhanced and incorporated into the development plan to help protect natural resources, water supply and wildlife habitat. 34. What is Subject 20 and why is it relevant? Subject 20, entitled Governmental Efficiency of the State Comprehensive Plan provides that governments shall economically and efficiently provide the amount and quality of services required by the public. The proposed Falls of Porto fino CDD will be consistent \vith this element because the proposed Palls of Porto fino CDD \viIl continue to: 6 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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 35. 36. Agenda Item No. 8A October 24, 2006 Page 72 of 85 (i) cooperate with other levels of Florida government; (ii) be established under uniform general law standards as specified in Chapter 190, Florida Statutes; (iii) be professionally managed, financed, and governed by those whose property directly receives the benefits; (iv) not burden the general taxpayer with costs for services or facilities inside Falls of Porto fino CDD; and (v) plan and implement cost efficient solutions for the needed public infrastructure and assure delivery of selected services to residents. You also mentioned Subject 25. What is this and why is it relevant? This subject calls for systematic planning capabilities to be integrated into all levels of government throughout the state, with particular emphasis on improving intergovernmental coordination and maximizing citizen involvement. The proposed Falls of Porto fino CDD will be consistent with this element of the State Comprehensive Plan because: (i) the proposed Falls of Portofino CDD will systematically plan for the construction, operation and maintenance of the public improvements and the community facilities authorized under Chapter 190, Florida Statutes, subject to and not inconsistent with the local government comprehensive plan and development regulations; Oi) Falls of Porto fino CDD meetings are publicly advertised and are open to the public so that all Falls of Portofino CDD property owners and residents can be involved in planning for improvements. The CDD maximizes citizen involvement and planning of services needed and provided within the District. (iii) Florida Statutes, requires Falls of Porto fino CDD to file and update public facilities reports with the County, which it may rely upon in any revisions to the local comprehensive plan. These reporting requirements comply with the monitoring and enforcement requirements of the State Comprehensive Plan. Are there any other subjects within. the State Comprehensive Plan which are relevant? Yes, Subject 17 entitled Public Facilities. The applicable goal and policies of Subject 17 relate to (i) protecting investments in existing public facilities; (ii) providing financing for new facilities, (iii) allocating the costs of new public facilities on the basis of the benefits received by future residents; (iv) implementing innovative but fiscally sound techniques for financing public facilities; and (v) identifYing and using stable revenue sources for financing public facilities. In my opinion the Falls of Porto fino complies with the goals and policies of Subject 17. 7 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 37, 38. 39. Agenda Item No. 8A October 24, 2006 Page 73 of 85 Do you have an opinion, as someone with expertise in planning, as to whether the establishment of Falls of Portofino CDD is inconsistent with any applicable element or portion of the Collier County Comprehensive Plan? Yes. What is that opinion? The establishment of Falls of POliotino COD is not inconsistent with any applicable element or portion ofthe Collier County Comprehensive Plan. Chapter 190, Florida Statutes, prohibits any community development district from acting in a way inconsistent with the local government's comprehensive plan, and the exercising of any power must be done with the comprehensive plan in mind. Thus, any activities of the CDD must be in compliance with County procedures and the use of those powers granted to the CDO does not make it inconsistent with the local Collier County Comprehensive Plan. I have examined the Future Land Use Element (FLUE) of the Collier County Plan and the proposed land uses within the proposed COD are consistent with the authorized uses contained in the FLUE. Furthermore, the development within the Falls of Portofino is subject to local zoning ordinances and development approvals which further assure compliance with local Comprehensive Plan requirements. Does this conclude your testimony? Yes. 8 ~. 113/~6/20El4 11: 54 5613S26965 "If~#M>T ~ " . '~~". GREENFIELD, P.A. . . 1000 ~ . )M.METTO PARK Rf7'.!f :31 BOCA lON, Fl.. 3S4aa fi~lI 't?o L3 J=lREPARED BY AND RETURN TO: THOw..S G.. EOKERTY, ESQUIRe 12734 Kenwood Lano, SuIte !9 Fort Myers, FL 33.907-563$ Agenda Item No. SA October 24,2006 GREENFIELD PA P'FlA'GJt 4 g~ 85 3489797 OR: 3659 PG: 1042 1ICORDlD in O!lIC!AL RlCOUS oficaf,UU eOl!l1'lY, n. 10/12/2004 at O~:%OPK DitGH! 1_/BRDeI, Ctl~1 ) COBS 2UIOOD.O~ , RlC liB 21.00 ;nOc-,1U 11388.00 : COfnS 3,00 : KISC 1. SO , . I I i I I Strap No.: Recordlr'lg': $ Documentary Stamps; $ ll.~tDl S1BVBK B.GP~J!IJ19 70D~ f ~AL!I!to PAR! ~ fj02 BOCA U'fOM. ,1. 'nus 'f ~ (A~ J J ':h.. THIS WARRANTY C15ED made this -L- ~ly of ~ .2004, by . MARK L. I-INONER. Trustee under unrecorded land trust, dated January 4. 1999, with f!J1I power al!ld authority to protec~ conserve, sell, lease, encumber or to otherwise manage and dIspose oftheirea1 propefu' described herein. as provided in F. S. 689;071 ' whose post office address is clo 4D9STamiaml Trail, Nt Naples. Flori(ia 34 ~ 03. hereinafter called the Grant9r. to i j ; f , I i PRIME HOMES AT PORTOFINO FAll-S, L TO., a Florida Ifmitad partnershIp, whose post office address is 2 i 218 st Andrews Boulevard, Suite 510, Boca Raton, Florida S34S3, heralna~er . called the Grantee; ; ; WITNESSETH: That the Grantor, for and in oonslderation of the sum of Ten Dollart ($10.00) and cthervaluable considerations, reoeiptwhereofls hereby acknowledged, hereby grants. bargain$, sells, afie/1s, remises, releases, conveys and confirms unto !he Grantee all that certain land, sltuate In Collier, County I state of Florida, vlz: 'i ' see attaChed ExhibIt r~A" SUBJECT TO EASEMENTS, RESTRICTIONS AND RES~RVArIONS OF RECOR,D. THIS PROPERTY 1$ NOT NOW NOR HAS EVER BEEN THE: HOMCSTEAD OF GRANTOR. , . i i i I I I I i TOGETHER with all the tenements, hereditaments and appurtenances thereto belongin9 or in anyWise appertainIng; ; . TO HAVE AND TO HOLO the same in feEl Simple forev.er,.. :: ".' . ~ ~, AND the Grantor hereby covenants with said Grantee th~4he GC~I;'tO( it,'l<twfo1Iy seded of saId land is fee simple; ,that the Grantor has ~ood right and lawful s';lllidrit:(t,\,s,l;!.lIJih9 cori\:.ey ~aid lard, and hereby warrants the. title to saId land and Will defend the same against t1jeJawf.I,d claims Of all pel'$onsWho/'TlSoover; and that said land is free of a/l encumbrances. except tax~s acdi{Jing:stlbseqoent tb DeCem.ber 31 1999, . ," ~. - ..'";i. : J ., I ~ 'f;f" IN ~rNESS WHEREOF, the said Grantor. ~as s~.ned.and saaled,th.fse, pr.e~ahts trye day and rear first above written. '. .......; (. r', .' . 4J : '.. ..' <It- . . "'. 0(... ..... ...:J.:. . . ~~ . ..."")~ ~l~.:"~~ f . ~;..:.' . --T --..,-- .._- --,-- I ':r- " 10~e6/2BB4 11:54 5513926965 GREENFlan PA Agenda Item No. SA October 24, 2006 , P<mE5 E!S85 OR: 3659 ~G: 1043 f:j~ L.L MARK L LINPNE~rustce under unrecord~d land trust, dated January 4. 1999 . '1 . _ '(%.f ! .~ J . (1/6 STATE OF FLORlpA~ COUNTY OF ~ /71.... . The foregoing ins\rument was acknowl~ged befDre me- this 1~a~ ot..!f.-Lt!..!i:tJ-t/>., , 2004, by Mark L. Undner, Trustee, who is Qer:sonaUr .known to: me, OR who produqed as identification. and who did! ot take an oath. ~ ; ~'~ DEBORAH K LEWIS L~ MY COlJMLSS10N" DO 2~ ~,_tary'~U \; 'if """1l'Ia$'O~n\tl9r11J~ 'OT'f'~' ""'. . l~NOTA.'if I'LNtWy~~t:c. Co " N mmlSSlOn 0.: My Commissiori Expires: ..~(.I..~"PI.40~J" ...... \' ". ~, , .,:' ..............~....' '~'~~;'J' .. .' .' I (!I.I.lf l\'. 'J .. I' ~ . . - f . . ;'. ..' 1":(\1 ftJ r l' ". . . ';. ~ .:.~' =. ." i": ~ r: ..... ..~; . .. . .: ": =. . '" . .. :.'. \; .. -:, ~. :............ ..rl....)f\IHJ1';:.J.. :: ~ .r....;.. <. <~;~':~:.~~"'" .' .;..... -?- ::J.... .,' ....-. . ......... .' ~..~,d'._1 ...--1- " i --I -- . ~ 10{B6/2004 11:54 Agenda Item No. SA October 24, 2006 GREENFIELD PA . ~~ 7~~f 85 *~* OR: 3659iPG: 10~4 ~tt 5613'326965 '" EXHIBIT A The South onE~..nalf ($ %) of the Soul:.heast one-quarter (SE 1/4) of the $outhwestone-quarte,r (SW 1/4) IOf. Section 34. Township 48 SOl,lth, Range 26 East, of Collier County, Florida; lass the road right-of-wev for. Vanderbilt Road. .! ", ......... " '.. f',. . ':" ". :-' . . ".. .;.: . ...,:-'" , i I ! I j I i , I I I I I i i i ! I I I 1 i i I ) , ~ , i I I i I I I ! i I i I I I I I j i , ! I j I i I I I I i : I I i i i I I .C _~; _. I Book 2730 - Page 229 Prepared ...iwout opinion by: Melinda P. Riddle. Esq. 2500 S. Airpon Road. SIC. 31L Naples. Florida 34112 tit 2698793 OR: 2730 PG: 0229 tit ~CORDID is omCIAL UCOlD$ of tOLUn CO~ll1T, lL H!WlDCO at Dl:1I7<< Ol'rm I. BRot'l, mu RBC m 6.00 DOc-. 10 .1& Rum: X1LnDA P RIDDLJ 2500 A!APOlT lD S 1m RlJUS lL 34m WARRANTY DEED THIS lND9ITURE. made lhis --lli!L day of ~. 2000. be/ween Gerardo Allmto MederllS an.! Danis I.uiss Mcdem.. husband and wife, GRANTOR. ll1lcl Danla 1,uL'B Mcdrrtl.., l"n1!<tCCo nf Ihe Dania Mederos Revocable Trust dated AUlluSl 15. WOO. who.. Sociol Sc:urily Number is 267-1I-627S (DLMI, and .....h= roSI office adores.. is 698 Spring]jn. Drive. Naples, Florida, 34102, GRANTEE. WITNESSETIl thai said Orantor. for I1ld in consiumtion of !he sum of TEN DOLLARS, and other good a.'1lI valuable <;Qnsideratioll 10 said Granlor in hand p.,id by said Grantee. Ihe receipl whmof IS herebr a::kDllwlcdgell, have gTI!llIed, bargained and sold Ulllie said Gramee. and Granlee's heirs and wigns forever. Ihe following described land. shuat., Iymg and bcil1!; in Collier COUDlY, Fionda, to-wir: . The Sowh half of the Nonh~ilS\ quaner of Ihe. Southwest. quaner of Sel:lion 34, TowlUhip 48 Saulh. Ran[!.e 26 EaJ;1; SubjeCl !O ".isling =llk~ion. and f""crYPtions of rcetlrd: lIIIc1 SUt.j<<=1 10 a.n cas::mclIL for pubticroad righl-liI-woy ovcr:l!1d :ll:rUSS tbe EI\<I3>J fcctlhercof, Collier Caunll'. Florida, Subjc;[ 10 ellScmenls and reslrictjoM commnn 10 [he subdi~ision: and rClll eSlale tax.~s for ~.:!lf"() ProperTY IdentiflCalion Number O[1~ 0 tL'I t7(:l(J,f and said Grantor docs hereby fully wan-amIDe tille [0 said land. and will defend the same against the lawful clalms III aU pcrsoos whomsoever. This. is a convey.nee 10 Grullor's Revocable'Tnt.>I; minimum documentPI)' slamps are affi~ed. IN WITNESS WHEREOF. 1hc Gramor has hmunlo set Gramor's hand and seal the day and year fim above wrillen. . Siined. se<lle:l and delivered in our p=nCC'; ~'.J'\ f ~\ ~ :...L. Wi =8'1 Print nol1'.eladdress beloW .J..<~i:!.t!l~t{; ///I!-~./It ));;:r!r.:'/IV Priul name/address below GerarUo Albeno Mederos 698 Springline Drive Napk" Florido 34J02 ~l')~~ 6UVi )~VCk:ff) Prim lIamcladdress below Ganio Luisa Mederos 698 Springlinc Drive Naples, Florida 34102 STATE Of FLORIDA COUNTY OF COLLIER THE FOREGOING inslnmr-nr was acl;nowll:dgeli !>efore me this IS \ V> day of I ~""""v. . f .2000, by Gerardo Alberlo Medel1lS and DaniB Luisa Mederos, husband and wife. who lIe personally bown to me or .....~Ye~-rln:ir dri='i Ii~ ~ i<lentiti:aritrn 2I11d who did 1101 take an oalb. My Commission expire.; "" \..k \ Y ~1....\,.'I4- Notary\Public (Notary Se2l) (print na...c II<low) .. :'. 'Ui)DLE .l:..tC'- .;. ",", prY' (.~ ....H ~ l' 10..1& :.',"~ f=-L :J4l\ l.- , ~ iGKl~P.RUJOlJ: f.f'6r,o~ ).I't COMMIS5'OI>- ) r.r i-;ms ~~~f !;.XPiR.ES JlNoJ'r~i ~\I)..! ~..i:f.>~1' ~1w~""f..oiclJ~ri http://www.collierappraiser.comlviewerlImage.asp? Agenda Item No, SA , October 2'b2.Q..0f3 of 1 Page 7t't5t8t5 I j I I I i I I I I I j I i ! I ) , I I I I 1 I J I i I r 1 i , I 9/30/200~ ! "-r _... Book 3537 - Page 1015 Agenda It~m No, 8A ~ Octobe:r 2~amoll of 11 : Page 78 0185 : . . j . f~ 3375194 OR: 13537 PG: 1015 , I UCORDJD 111 OlUenT. UCO~S of COLLpl COllin, !L OI/07/Z00! at '10:341. PiI~ I. SROC~, CUU j eOls: 133281t I 00 RlC '" la.SO DOC.l1O '9330.30 ieu: GOODUm COLIDl If A{, lUOl !1KIlKI !l I 1300 IlPLU lL ~m3 TRUSTEE'S DEED THIS DEED, is made on this 31 day of March, 2004~ between ~L. HOPVER, individually and as Trustee of the Wolfe Ridge Land Trust ulald July 30t 2001 (thb: "GrantorU), and WOLF CREEK. ESTATES, LLC, a Florida limited liability company (the "Granteelt), wh~se post office address is 3875 Airport Road North, Suite B-1, Naples,;FL 34105. . ; Grantor, in consideration of the sum ofTEN AhTD NOIlOO DOLLARS ($10.00) arid other good and valuable considerations to said Grantor in hand paid by Grantee, the receipt and suf(iciency ofwmchis hereby acknowledged, has granted, bargained and sold to ihe said Gran~ee and ~tet;'s heirs, successors and assigns forever, the following described property, situated, I~g and ~eing in Collier CQunty, Florida, to wit ' ~ North 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 3,4. Township 4'8 South., Range 26 East, all in Collier County. Flori~ . , Collier County Tax Folio Number: 00203600003 SUBJECT TO: (a) real estate taxes for the year 2004 and subsequent ~ears; (b): special assessments levied by governmental authority (0) zoning, building code and! otheruse restrictions imposed hy governmental authority. (d) outstanding o~, gas and; mineral interests of record. if any and (e) restrictions,. reservations and ~asements! common to the subdivision, if any. : ; Grantor represents and warrants that neither him nor his spouse or any minor c~ld thereo~ resides on the above described property or adjacent thereto and in fact resides at 5690 WaxmyrtI~ Road, Naples, FL 34109 and that the above des.crib-ed property does: not constitute the ihomestea~ of the : I I Grantor. : ! And said Grantor does herehy fully warrant the title to said land, and vdlJ defend ~e same against the lawful claims of all persons claiming by, through or under Grantor, 9ut no otherf. . http://www.collierappraiser.com/viewerlImage.asp? ThIs lnsaumellt Prepared By; I GregDry L, Urbazkic. Esq. . Good1~tn:. Col~tniu & l0hns0n; P.A. i - .. - - r------.- Book 3537 - Page IOl7 Agenda Item No. 8A I October 24. 2006 , . Page 7f~gel1 of Ii I . I ~F.J 3375195 OR: j3537 p~: 1017 UCORDID in omCIAL neOns of COLL1Il counr, lL I 04/07/20Dt at. 1&:3~lK DirGE! I.. B10CJ, CLERK ! , ! CO'I mms, DO I DC,U 10.5~ DOC~. 70 m<<.30 tatu: GOODUm COlJlIAIlJ 1L ; 4DO.l !lII!II n I 130~ ' n~s rr. 31101 TRUSTEE'S DEED; THIS DEED. is made on this ..3..L day of March. 2004, between W1J..Ll!\M L HC~OVER., individually and as Trustee of the W olfCreekLand Trust dated the 2ea ~y ofJuly, 200l.. (the "Gqmtor'). and WOLF CREEK ESTATES, LLC, a Florida limited liability cOmpany (the rrGranteetl), whqse post office address is 3875 Airport Road North, Suite B-1, Naples,FL 34105. ' Grantor, in. conSideration of the sum ofTEN AND NOll 00 DOLLARS ($10.00) ~d other good and valuable consi derations to said Grantor in handpaid by Grantee, the receipt and sufficiency . I ofwIDch is hereby acknowledged, has granted, bargained and SQld to the said Grantee and Grantee's I heirs, successors and assigns forever, the following descnoed property, situated, lying and bemgin Collier County, Florida, to wit: : ' The South 1/2 of the Southeast 1/4 of the Northwest 114 of Section ~4. To'WIlSbip 48 South, Rmlge 26 East, subject to an easement for public rriad right-of-way over and across the East 30 feet thereof and the South 30 f~ thereof, Public Records of Collier County, Florida~ ! AND The South. V2 of the Soufuwest 1/4 of the Northwest 1/4 of Section 34, Township 48 South, Range 26 East, subject to an easement for public rqad right-of-way over and across the South 30 feet and the W cst 30 feet thereof, all in Collier County, Florida. : I I I . I 1 I Collier County Tax. Folio Numbers: 00203800007 and 00204360009 , , SUBJECT TO~ (a) real estate taxes for the year 2004 and subsequ.ent!years; (b) special assessments levied by governmental authority (c) zoning, building code an4 otheruse restrictions imposed by governmental authoritY; (d) outstanding ~ilt gas and, mineral interests of record, if any and ( e) restrictions; reservations and easement$ common to the subdivision, if any. ' , ~ 1o:>tzum= ~ By: : Gregory L. urbaDeic, Esq. ; Goo.:Ileae. Coleman &..Tohmon; P.A. 4001 TlW1i=l Trail Nordi, SW}e 300 Naples. FL 3410~ . \12.4.c:x.:., I , I i I I I 9/30/2005 1 http://www.collierappraiser.comlviewerlImage.asp ? ORDINANCE NO. 06- Agenda Item No. 8A October 24,2006 Page 80 of 85 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING PORTOFINO FALLS COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; NAMING THE DISTRICT; PROVIDING STATUTORY PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO SPECIAL POWERS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Prime Home Builders, has petitioned the Board of County Commissioners (Board) of Collier County, Florida, a political subdivision of the State of Florida, to establish the Falls of Portofino COMMUNITY DEVELOPMENT DISTRICT (District); and WHEREAS, the Board of County Commissioners, after proper published notice has conducted a public hearing on the petition and determined the following with respect to the factors to be considered in Section 190.005(1)(e) Florida Statutes, as required by Section 190.005(2)(c), Florida Statutes: 1. The petition is complete in that it meets the requirements of Sections 190.005 (1)(e) 2., and 190.005(2)(a), Florida Statutes; and all statements contained within the petition are true and correct. 2. Establishment of the proposed District is not inconsistent with any applicable element or portion of the local comprehensive plan of Collier County, known as the Collier County Growth Management Plan, or the State Comprehensive Plan. 3. The area of land within the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. The District is the best alternative available for delivering community development services and facilities to the area that will be serviced by the District. 5. The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. The area that will be served by the District is amenable to separate special-district government; and WHEREAS, it is the policy of this State, as provided for in Section 190.002 (2) ( c), Florida Statutes, that the exercise by any independent district of its powers as set forth by uniform general law comply with all applicable governmental laws, rules, regulations, and policies governing planning and permitting of the development to be serviced by the district, to ensure that neither the establishment nor operation of such district is a development order under Chapter 380, Florida Statutes, and that the district so established does not have any zoning or permitting powers governing development; and WHEREAS, Section 190.004 (3), Florida Statutes, provides that all governmental planning, environmental, and land development laws, regulations, and ordinances apply to all development of the land within a community development district. Community development districts do not have the power of a local government to adopt a comprehensive plan, building code, or land development code, as those terms are defined in the Local Government Comprehensive Planning and Land Development Regulation Act. A district shall take no action Agenda Item No. 8A October 24,2006 which is inconsistent with app]icable comprehensive plans, ordinances, or regulations of the Page 81 of 85 applicable local general-purpose government; and WHEREAS, pursuant to Section 190.012, Florida Statutes, upon the establishment of the proposed community development district, the District Board of Supervisors will have the right to seek consent from Collier County for the grant of authority to exercise special powers without question as to the continued right authority and power to exercise its limited powers as established by this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AUTHORITY FOR ORDINANCE This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and other applicab]e provisions of law governing county ordinances. SECTION TWO: ESTABLISHMENT OF THE FALLS OF PORTO FINO COMMUNITY DEVELOPMENT DISTRICT. The Falls of Portofino Community Development District is hereby established within the boundaries of the real property described in Exhibit "A" attached hereto and incorporated by reference herein. SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS The following five persons are herewith designated to be the initial members of the Board of Supervisors: 1. Linda Socolow 21218 St. Andrews Blvd., #510 Boca Raton, Florida 33432 3. John Nelson 21218 St. Andrews B]vd. #5]0 Boca Raton, Florida 33432 2. Loraine Vanella 21218 St. Andrews Blvd., #5]0 Boca Raton, Florida 33432 4. Joanna Fish 21218 St. Andrews Blvd. #510 Boca Raton, Florida 33432 5. Laura Cadiz 212]8 St. Andrews Blvd.. #510 Boca Raton, Florida 33432 SECTION FOUR: DISTRICT NAME The community development district herein established shall henceforth be known as the "Falls of Portofino Community Development District." SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT The Falls of Portofino Community Development District shall be governed by the provisions of Chapter 190, F]orida Statutes, and all other applicable general and local law, SECTION SIX: CONSENT TO SPECIAL POWERS Upon the effective date of this Ordinance, the Falls of Portofino Community Development District will be duly and legally authorized to exist and exercise all of its general 2 Agenda Item No. 8A October 24, 2006 powers as limited by law; and has the right to seek consent from the Collier County Board of Page 82 of 85 County Commissioners for the grant of authority to exercise special powers in accordance with Section 190.012(2), Florida Statutes, without question as to the district's continued right, authority and power to exercise its general powers as established by this Ordinance. The District Board's authority to exercise special powers may include the power to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for: (i) parks and facilities for indoor and outdoor recreational, cultural, and educational uses; and (ii) security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with the appropriate Local general-purpose government agencies for an increased level of such services within the District boundaries; all as authorized and described by Section 190.012(2), Florida Statutes. SECTION SEVEN: PETITIONER'S COMMITMENTS The adoption of this Ordinance is predicated upon the material inducements contained in the foregoing Recital setting forth Petitioner's Commitments, re-stated as follows: that the Petitioner, its successors and assigns, shall (1) elect one resident of the District to the five member Board of Supervisors at such time as residents begin occupying homes in the District, and (2) record a Notice of Assessments containing the specific terms and conditions of any special assessments imposed to secure bonds issued by the District, which notice shall be recorded immediately after any such bond issuance. The Board shall retain any and all rights and remedies available at law and in equity to enforce Petitioner's Commitments against Petitioner, its successors and assigns. SECTION EIGHT: 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. lfany phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION TEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. 3 PASSED ON DULY ADOPTED by the Board of County Commissioners of Collier County. Florida, this _ day of _, 2006 ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COl\.1MISSIONERS COLLIER COUNTY, FLORIDA By: By:_._______________ Frank Halas, Chainnan ",.._____W"..._...~,.~ . , Deputy Clerk 4 Agenda Item No. 8A October 24, 2006 Page 83 of 85 LAW OFFICES Agenda Item No. 8A October 24, 2006 Page 84 of 85 & ANDERSON, P.A. BILLING, COCHRAN, HEATH, LYLES, MAURO GREGORY T. ANDERSON CLARK .J. COCHRAN. .JR. W. TUCKER CRAIG SUSAN F. DELEGAL HAYWARD D. GAY THOMAS C. HEATH GREGORY M. KEYSER GERALD L. KNIGHT DENNIS E. LYLES .JOHN W. MAURO KENNETH W. MORGAN. JR. 8RUCE M RAMSEY KEVIN M. VANNATTA POST OFFICE 80X 21627 FORT LAUDERDALE, FLORIDA 33335-1627 HAL 8. ANDERSON MICHAEL V. BAXTER ERIC P. CZELUSTA VIVIAN H. FAZIO CAROL J. HEALY GLASGOW JUSTIN D. GROSZ KERA E. HAGAN DANIEL L. LOSEY ALINE O. MARCANTONIO KRISTA K. MAYFIELD SHAWN 8. McKAMEY JOHN 8. MOORES MICHAELJ. PAWELCZYK T. CHRISTINE PEREZ ANDREW A RIEF PHILLIP W. THRON SSS S E. 3RC AVENUE. SUITE 301 FORT LAUDERDALE. FLORIDA 33316 (5154) 764-7150 FAX, (5154) 764-7278 400 AUSTRALIAN AVENUE SOUTH. SUITE 500 WEST PALM 8EACH. FLORIDA 33401 (561) 659-55170 FAX; (561) 659-6173 STEVEN F. 81LLING 0947-1998) 3001 N. ROCKY POINT DRIVE EAST. SUITE 200 TAMPA. FLORIDA 33607 (813) 281-4671 FAX, (SI3) 2851-7748 PLEASE REPLY TO: FORT LAUDERDALE September 1, 2006 Board of County Commissioners Collier County 3301 E. Tamiami Trail Naples, FL 34112 RE: Petition to Establish District Falls of Portofino Community Development District (Letter of Purpose) Members of the Board of County Commissioners: In connection with the pending Petition to Establish the Falls of Portofino Community Development District, we have been asked to identify the benefits to Collier County and its residents that will accompany the establishment of a community development district ("CDD") for the Falls of Portofino community. These benefits include the following: 1. The CDD will provide and maintain certain public infrastructure for the Falls of Portofino community. For example, the CDD will own the stormwater management system serving the community, and, therefore, neither Collier County nor other public agency will be responsible for the maintenance of such infrastructure. 2. Only the residents of the Falls of Portofino community, who will be benefiting from the CDD financed infrastructure serving the Falls of POliofino community, will pay for such infrastructure. Thus, the public generally will bear no financial burden relating to the costs of installing such infrastructure. 3. Throughout the State of Florida, the establishment of CDDs has typically resulted in high quality, well-managed communities having a well-maintained Members of Board of County Commissioners September 1, 2006 Page 2 Agenda Item No. 8A October 24, 2006 Page 85 of 85 infrastructure. The existence of such high quality, well-managed communities benefits the residents of those communities, as well as the residents of surrounding communities and the public generally. 4. The CDD will fund and maintain landscape buffers along Vanderbilt Beach Road and Pristine Drive (public roads). The CDD will also contribute to construction of turn lane(s) and traffic signalization improvements at the intersection of Vanderbilt Beach Road and Pristine Drive, if determined appropriate as a result of the pending traffic analysis concerning these roadways. These landscaping and road improvements will benefit the residents of the Falls of Portofmo community, as well as the residents of surrounding communities and the traveling public generally. Accordingly, Collier County and its residents will benefit from this the establishment of the Falls of Portofino Community Development District. Should you require fmiher information, please do not hesitate to contact our office. We will also be available to answer questions at the public hearing by the Board of County Commissioners scheduled for October 10, 2006, on the Petition to Establish the Falls of Portofino Community Development District. cc: James V. Mudd, County Manager Marcia Kendall, Senior Planner Comprehensive Planning Department {00004496.DOC \'.2 8/28/2006 09:15 AIv!} Agenda Item No. 88 October 24,2006 Page 1 of 156 ,- SUPPLEMENTAL EXECUTIVE SUMMARY Petition: PUDA-2005-AR-8832, Creekside West, Inc., represented by D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., and R. Bruce Anderson, Esquire, of Roetzel & Andress, L.P.A., requesting a PUD Amendment to the Creekside Commerce Park PUD. This amendment proposes to reduce the area of the Creekside PUD by approximately 2.32 acres and rezone the area from Creekside Commerce Park PUD to Naples Daily News Business Park PUD. The subject property, consisting of 105 acres is located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. (This application is being submitted simultaneously with the Naples Daily News Business Park PUD and qualifies for the Fast-Track Review Process) Companion Item To PUDZ-2005-AR-8833 PROJECT STATUS: The Board of County Commissioners (BCe) originally heard and approved for this petition on September 12, 2006. The Executive Summary that was prepared that hearing has been included in the information provided for this hearing. - At the September 26, 2006 BCC hearing, the BCC approved a motion to reconsider PUDA- 2005-AR-8832 Creekside Commercial Park PUD and PUDZ-2005-AR-8833 Naples Daily News. The BCC requested that these petitions be advertised and heard at the October 24, 2006 BCC meeting. SUPPLEMENT AL ANALYSIS: The applicant's agent has not provided staff with additional information or any modifications to this petition. The applicant's agent will be providing information as part of the oral presentation at the October 24, 2006 BCC meeting. PREPARED BY: Michael J. DeRuntz, Principal Planner Department of Zoning & Land Development Review - CREEKSIDE COMMERCIAL PARK PUD, PUDA-2005-AR-8832 Page 1 of 1 EXECUTIVE SUMMARY Item Number: Item Summary: Meeting Date: Agenda Item No. 8B October 24. 2006 Page 2 of 156 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 88 This Item to be heard at 1 30 P m This Item was conlonued trom the June 20. 2006 BCC meeting. the September 12, 2006 BCC meellng and the September 26, 2006 BCe meellng This Ilem requires that all participants be sworn in and ex parte disclosure be provided by Commission members PUDA-2005-AR-6832, Creekside West. Inc, represented by D. Wayne Arnold, AICP, of Q Grady Monor & Associates, P A, and R Bruce Anderson, Esqulfe. of Roetzel & Andress. LP A. requestong a PUD Amendment to the Creekside Commerce Park PUD. This amendment proposes to reduce the area of the Creekside PUD by approximately 2.32 acres and rezone the area from Creekside Commerce Park PUD to Naples Daily News Business Park PUD. The subject property consisting ot 105 acres IS located In Sectlor, 27, Township 48 South, Range 25 East, Collier County. Florida. (This application IS being submitted simultaneously With the Naples Dally News Business Park PUD and will be conSidered a Fast-Track) (Petitioner's request.) (Companion Item to: PUDZ- 2005-AR-8833) 10124/20069:00:00 AM Date Approved By Donald L. Scott Transportation Services Transportation Planning Director Transportation Planning 10f6/2006 2:17 PM Date Approved By Constance A. Johnson Operations Analyst Community Development & Community Development & Environmental Services Environmental Services Admin. 10f9/2006 8:38 AM Approved By Date Marjorie M. Student-Stirling Assistant County Attorney Approved By County Attorney COllnty Attorney Office 10110f2006 10:15 AM Susan Murray, AICP Date Community Development & Environmental Services Zoning & Land Development Director Zoning & Land Development Review 10110f2006 4:23 PM Date Approved By Ray Bellows Community Development & Environmental Services Chief Planner Zoning & Land Development Review 10f1012006 8:57 PM Approved By Joseph K. Schmitt Community Development & Environmental Senrices Community Development & Environmental Services Adrninstrator Date Community Development & EnvIronmental Services Admin. 1 0111f2006 9:56 AM Date Approved By OMB Coordinator County Manager's Office Administrative Assistant Office of Management 8. BlJdget 10/11120062:36 PM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 1 Of11f2006 4:25 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10111120064:30 PM Agenda Item No. 8B October 24,2006 Page 3 of 156 EXECUTIVE SUMMARY Petition: PUDA-2005-AR-8832, Creekside West, Inc., represented by D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., and R. Bruce Anderson, Esquire, of Roetzel & Andress, L.P.A., requesting a PUD Amendment to the Creekside Commerce Park PUD. This amendment proposes to reduce the area of the Creekside PUD by approximately 2.32 acres and rezone the area from Creekside Commerce Park PUD to Naples Daily News Business Park PUD. The subject property, consisting of 105 acres is located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. (This application is being submitted simultaneously with the Naples Daily News Business Park PUD and qualifies for the Fast-Track Review Process) Companion Item To PUDA-2005-AR-8833 OBJECTIVE: To have the Board of County Commissioners (BCe) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPe) regarding the above referenced rezone petition and render a decision regarding the petition. CONSIDERA TIONS: Creekside Commercial Park Property Owners Association, Inc., owner of Creekside Commerce Park PUD (Ordinance 97-5 1) is proposing to amend the existing 108 acre Industrial, Business, and Commercial Planned Unit Development by cutting out 2.32 acres from the development, which is planned to be incorporated into the proposed Naples Daily News Business Park Planned Unit Development (BPPUD) that is adjoining the subject property to the west. The area to be removed from the existing PUD is located in the northwest comer of the property. This area has been developed with a perimeter buffer, subdivision entrance signs, Creekside Way, and a storm water management pond. Besides a revision to the legal description, reduction of the total site acreage and the area proposed for open space, and the boundary modification to the Conceptual Master Plan, no other changes have been proposed for the existing Creekside Commerce Park PUD. FISCAL IMPACT: The use, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the Rezone is approved, the existing land will be developed, and the new development will result in an impact on Collier County public facilities. The County collects all applicable impact fees before the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund identified projects in the Growth Management Plan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order CREEKSIDE COMMERCIAL PARK PUD, PUDA-2005-AR-8832 Page 1 of 4 EXECUTIVE SUMMARY Agenda Item No. 88 October 24, 2006 Page 4 of 156 to meet the requirements of Section 10.02.07(C) of the Land Development Code, fifty percent (50%) of the estimated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Other fees collected before the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: Future Land Use Element: The existing PUD, which allows a variety of commercial and industrial uses, was approved in 1997; FLUE consistency for that approval is contained in the Statement of Compliance. This amendment may now be deemed consistent with the FLUE by certain policies under Objective 5, and via the provision allowing medical offices and other similar uses within ~ mile of a major medical facility such as North Collier Hospital. Based upon the above analysis, the proposed amendment may be deemed consistent with the Future Land Use Element of the Collier County Growth Management Plan. Transportation Element: The Transportation Services Division has reviewed the Petitioner's Traffic Impact Statement (TIS) and has determined that the proposed amendment will generate no additional trips. As a result, this petition is consistent with Policies 5.1 and 5.2 of the Transportation Element. Open Space/Conservation: The PUD document indicates that a combination of landscape, lakes, water management areas, and qualifying open space areas equals 34 percent (36.38 acres) of the gross land area. The PUD will also achieve native vegetation preservation of re-vegetation requirements of the LDC by re-vegetation of native species; therefore, the Conservation and Open Space elements of the GMP will be achieved by the PUD development strategy. ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES: The Environmental Advisory Council did not review this petition because the area being removed from the existing PUD is under the size threshold (I 0 acres) to reqUIre an Environmental Impact Statement. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the Creekside Commerce Park PUD amendment at its June 15, 2006 meeting. The CCPC voted 4 to 2 to forward this petition to the BCC with a recommendation of approval subject to the inclusion of staffs recommended conditions, identified as Conditions. 1. PUDA-2005-AR-8832 approval shall be subject to the approval of PUDZ-2005-AR- 8833. CREEKSIDE COMMERCIAL PARK PUD, PUDA-2005-AR-8832 Page 2 of 4 EXECUTIVE SUMMARY i\genda Item No. 88 October 24, 2006 Page 5 of 156 2. The Conceptual Master Plan shall identify the continuation of Creekside Way south to Creekside Boulevard. 3. The Conceptual Master Plan shall identify the continuation of Creekside Boulevard to the west, and the PUD document shall make the necessary modification to reflect this addition. One Planning Commissioner was concerned that the petitioner provide for affordable housing, and the other expressed a concern that while the petition may have met the letter of the law, it did not meet the intent of the law with respect the subject area of Naples Daily News BPPUD having the required contiguous minimum area requirement, meeting the park like setting, the appendage portion of the subject property not being a functional portion of the property, the incompatibility of the proposed use and the maximum building height to the surrounding properties, storm water mitigation was not adequately addressed, and the lack of sufficient mitigation to off-set the negative impact to the adjoining properties. Since this petition did not receive unanimous approval, it IS being placed on the Regular Agenda. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are based upon the listed criteria in Chapter 10.03 .05 and Chapter 10.02.13 of the LDC. These evaluations are completed as separate documents that are attached as exhibits "A" and "B" of the staffreport. A summary of the legal considerations and findings are noted below: . The proposed change has been deemed consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements of the GMP. . The proposed land uses are compatible with the existing land use pattern. . The proposed change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This project has also been deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP. . The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, shall be provided. RECOMMENDA TION: That the Collier County Board of County Commissioners (BCe) approve petition PUDA-2005- AR-8832, subject to the following conditions: 1. PUDA-2005-AR-8832 approval shall be subject to the approval of PUDZ-2005-AR- 8833. 2. The Conceptual Master Plan shall identify the continuation of Creekside Way south to Creekside Boulevard. CREEKSIDE COMMERCIAL PARK PUD. PUDA-2005-AR-8832 Page 3 of 4 EXECUTIVE SUMMARY Agenda Item No. 8B October 24, 2006 Page 6 of 156 3. The Conceptual Master Plan shall identify the continuation of Creekside Boulevard to the west, and the PUD document shall make the necessary modification to reflect this addition. PREPARED BY: Michael J. DeRuntz, Principal Planner Department of Zoning & Land Development Review CREEKSIDE COMMERCIAL PARK PUD, PUDA-2005-AR-8832 Page 4 of 4 EXECUTIVE SUMMARY Agenda Item No. 88 October 24,2006 Page 7 of 156 Co~T County ~~ - - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JUNE 15,2006 SUBJECT: PETITION PUDA-2005-AR-8832, CREEKSIDE COMMERCE PARKPUD (Companion Item to: PUDZ-2005-AR-8833) AGENT/APPLICANT: OWNER: Creekside Commercial Park Property Owners Association, Inc. 2600 Golden Gate Parkway Naples, FL 34105 AGENT: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 R. Bruce Anderson, Esq. Roetzel and Andress, L.P.A. 850 Park Shore Dr, yd Floor Naples, FL 34103 REQUESTED ACTION: The petitioner is requesting a rezone from "PUD" to "PUD" Planned Unit Development known as the Creekside Commerce Park PUD for the purpose of revising the PUD document. GEOGRAPHIC LOCATION: The subject PUD is located south of Immokalee Road and west of Goodlette Frank Road in Section 27, Township 48 South, Range 25 East, Collier County, Florida. PUDA-2005-AR-8832 1 OF 15 Agenda Item No. 88 October 24, 2006 Page 8 of 156 LOCA TION MAP PUDA-2005-AR-8832 2 OF 15 Agenda Item No. 88 October 24,2006 Page 9 of 156 PURPOSEIDESCRIPTION OF PROJECT: Creekside Commercial Park Property Owners Association, Inc., owner of Creekside Commerce Park PUD (Ordinance 97-51) is proposing to amend the existing 108 acre Industrial, Business, and Commercial Planned Unit Development by cutting out 2.32 acres from the development, which is planned to be incorporated into the proposed Naples Daily News Business Park Planned Unit Development (BPPUD) that is adjoining the subject property to the west. The area to be removed from the existing PUD is located in the northwest comer of the property. This area has been developed with a perimeter buffer, subdivision entrance signs, Creekside Way, and a storm water management pond. Besides a revision to the legal description, reduction of the total site acreage and the area proposed for open space, and the boundary modification to the Conceptual Master Plan, no other changes have been proposed for the existing Creekside Commerce Park PUD. SURROUNDING LAND USE AND ZONING: Subject Parcel: Partially developed Industrial, Commercial, and Business uses County right-of-way, zoned Creekside Commerce Park PUD, CR 851 (Goodlette Frank Road) and Creekside Boulevard Surrounding- North: County right-of-way then Commercial and Residential (440,000 square feet Commercial, 385 single and multi-family residential units on 61.40 acres)/(693,200 square feet on 61 acres)/150,000 square feet on 18,7 acres), zoned C.R. 845 (Immokalee Road) then Collier Tract 22 PUD/Collier Health Center/North Naples Medical Park East: County water and waste water treatment plant, recreational open space and medical office uses (46,153 square feet on 17.74 acres), zoned "I" Industrial, "P" Park, and S.W. Professional Health Park PUD South: Partially Developed Residential and Golf Course County right-of-way, and County water and waste water treatment plant, zoned Pelican Marsh (DRI-93-1), CR 851 (Goodlette Frank Road), and "I" Industrial West: Cultivated Agricultural Crops, Buffer and Preserve Areas, Roadways, and Undeveloped Areas: zoned "A" Rural Agricultural, Creekside Boulevard, and Pelican Marsh (DRI-93-1). PUDA-2005-AR-8832 3 OF 15 Agenda Item No. 8B October 24,2006 Page 10 of 156 AERIAL MAP PUDA-2005-AR-8832 4 OF 15 Agenda Item No. 88 October 24, 2006 Page 11 of 156 - ... , t.E 10 It' J 1 129 " ] ;, " P'UO II P'JC'" A' --- -- " 1 ~ AE 9 " i i ~ " J ;1 1 1Jl1 1 ~ " .. , - ! ] r, J' 1 1 .' ! J 1 1 1 L ZONING MAP GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban, Urban-Mixed-Use District, Urban Residential Subdistrict, as identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). Future Land Use Element: The existing PUD, which allows a variety of commercial and industrial uses, was approved in 1997; FLUE consistency for that approval is contained in the Statement of Compliance. This amendment may now be deemed consistent with the FLUE by certain policies under Objective 5, and via the provision allowing medical offices and other similar uses within 1,4 mile of a major medical facility such as North Collier Hospital. Based upon the above analysis, the proposed amendment may be deemed consistent with the Future Land Use Element of the Collier County Growth Management Plan. Transportation Element: The Transportation Department has reviewed the Petitioner's Traffic Impact Statement (TIS) and has determined that the proposed amendment will generate no additional trips. As a result, this petition is consistent with Policies 5.1 and 5.2 of the Transportation Element. Open Space/Conservation: The PUD document indicates that a combination of landscape, lakes, water management areas, and qualifying open space areas equals 34 percent (36.38 acres) of the gross land area. The PUD will also achieve native vegetation preservation of re- vegetation requirements of the LDC by re-vegetation of native species; therefore, the PUDA-2005-AR-8832 5 OF 15 Agenda Item No. 8B October 24,2006 Page 12 of 156 Conservation and Open Space elements of the GMP will be achieved by the PUD development strategy. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use changes, be they positive or negative, culminating in a staff recommendation based on that overview. The listed criteria are specifically noted in Section 10.02.13 of the Land Development Code; thus, requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review is listed under each of the criteria noted and is summarized by staff, culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff includes an analysis of the petition's relationship to the community's future land use plan and whether a rezoning action would be consistent with the Collier County GMP in all of its related elements. (See Exhibit "A" and Exhibit "B"). Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Based on staffs analysis, this project, with the mitigation provided in the PUD document, should not adversely impact any adopted level of service standard. Environmental Analvsis: Environmental Services staff has reviewed the petition and has recommended approval subject to the conditions contained in Sections 2.14 and 5 of the PUD document. The Environmental Advisory Council was not required to review this amendment because there was no wetland impacted and that the area has already been altered. Transportation Analvsis: The project was reviewed based on the current TIS guidelines and with respect to Policy 5.1 of the Collier County Growth Management Plan transportation element. The project proposes to decrease the size of the PUD in conjunction with the additional impacts of application AR# 8833 "Naples Daily News". This application is consistent with the transportation element of the GMP but should be considered simultaneously with the Naples Daily News application. Transportation staff is working closely with the applicant to coordinate mitigation for the Naples Daily News traffic and may require additional modifications from this amendment application to satisfy transportation concerns, therefore additional comments may be forthcoming from coordination between the two projects. PUDA-2005-AR-8832 6 OF 15 Agenda Item No. 88 October 24,2006 Page 13 of 156 Utility Issues: The Utilities Department staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 2.15 of the PUD document. Zoning and Land Development Review Analysis: The evaluation by professional staff includes an analysis of the project's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the GMP. Other evaluation considerations include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. In addition, staff offers the following synopsis: Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The subject property is zoned Creekside Commerce Park PUD, and is approved for industrial, warehouse, wholesale, financial institutions, business and office uses, with limited amounts of retail uses. The development of the subject property is timely and consistent with the FLUE of the GMP. Relationship to Existing and Proposed Land Uses - Generally a discussion of this relationship concerns the compatibility of the petitioner's proposed changes to the uses allowed in the PUD with the adjacent properties to the north, south, east, and west. The subject property is proposed as a modification of the already approved industrial and commercial development as allowed in the County's Comprehensive Plan. The landscaping and buffering requirements in the LDC will mitigate any impacts between this use and the abutting uses. NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: Agent for the applicant, Wayne Arnold of Q. Grady Minor held the required NIM for PUDZ-2005-AR- 8833 and PUDA-2005-AR-8832 on May 10, 2006 at 5:30 P.M. at St. John the Evangelist Catholic Church ballroom. Three individuals other than the applicants' agents and county staff attended. Of those who spoke, no one expressed opposition to either rezoning requests or proposed Naples Daily News operations. The following questions were addressed by the applicants' consultants present: 1. Maximum building height: 75 feet 2. Access points: from Immokalee Road., Creekside Way and interconnection through Granada Shops 3. Service deliveries from Creekside Way 4. Hours of operation: 24 hours a day, 7 days a week 5. Lighting/noise: per county codes 6. Approximately 16 month construction timetable to commence in late 2007 7. Recycling to be done on site. PUDA-2005-AR-8832 7 OF 15 Agenda Item No. 88 October 24, 2006 Page 14 of 156 STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPe) forward a recommendation of approval of Petition PUDA-2005-AR-8832, Creekside Commerce Park PUD that amends Ordinance Number 97-51 as described by the Ordinance of Adoption and exhibits thereto, subject to the following condition: · PUDA-2005-AR-8832 approval shall be subject to the approval of PUDZ- 2005-AR-8833. PREPARED BY: PUDA-2005-AR-8832 8 OF 15 Agenda Item No. 88 October 24,2006 Page 15 of 156 MICHAEL J.DE RUNTZ,C.F.M., PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY DATE RAY BELLOWS, PLANNING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT ADMINISTAA TOR COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE Tentatively scheduled for the July 25, 2006 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN REZONE FINDINGS PETITI ON PUDA-2005-AR-8832 Division 10.03.05 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall PUDA-2005-AR-8832 9 OF 15 Agenda Item No. 88 October 24, 2006 Page 16 of 156 show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. The density permitted within the Creekside Commerce Park PUD is consistent with the FLUE as currently provided in the Growth Management Plan by Policy 5.1 that provides that property zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re-evaluation Program are consistent with the GMP and designated on the Future Land Use Map series. Therefore, this petition is Consistent by Policy. 2. The existing land use pattern. The subject property is a mix of developed industrial, commercial, water management areas, roadways, and preserve land uses, as well of some remaining undeveloped parcels. The subject property is bordered to the north by CR846 (Immokalee Road), and is CR 851 (Goodlette Frank Road divides the property to the east, and Creekside Boulevard transects the property to the south. The existing land use pattern of the properties which surround the subject property consist of a mix of approved Planned Unit Developments, industrial and agricultural land uses. Collier Tract 22 PUD (Naples Reserves), Collier Health Center and North Naples Medical Park exists to the north. Industrial (Collier County Water and Waste Water Treatment facilities), Park (North CountyNeterans Memorial Park), S.W. Professional Health Park PUD exist to the east. Pelican Marsh (DRI-93-1) exists to the south. Agricultural land uses and the location of the proposed Naples Daily News Business Park Planned Unit Development are located to the west. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The Creekside Commerce Park PUD is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. EXHIBIT "A" 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed amendment to the Creekside Commerce Park PUD changes the currently approved district boundaries that were previously deemed to be logically drawn in relation to existing conditions at the time the property was first rezoned to a PUD. The change of the district boundary occurred in the northwest comer of the PUDA-2005-AR-8832 10 OF 15 Agenda Item No. 8B October 24, 2006 Page 17 of 156 subject property with the removal of approximately 2.32 acres. This area consisted of an access road (Creekside Way) and a storm water management lake. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed rezoning and development of the Naples Daily News Business Park Planned Unit Development, to the west of the subject property, required to have a minimum area of 35 acres to be consistent with the Business Park requirements set forth in the GMP. The subtraction of 2.32 acres from the subject property and the addition of that area to the proposed Naples Daily News Business Park Planned Unit Development satisfy the minimum lot area requirement. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed amendment will have no adverse impact to the living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. The proposed change will result in no change in daily trips within the Creekside Commerce Park PUD, as determined by the Traffic Impact Statement. 8. Whether the proposed change will create a drainage problem. The Land Development Code specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. PUDA-2005-AR-8832 11 OF 15 Agenda Item No. 88 October 24, 2006 Page 18 of 156 All projects in Collier County are subject to the development standards that are unique to the zoning district in which they are located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) and were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The development standards within the PUD will not be affected by the requested change to the PUD document. Therefore, staff is of the opinion that this petition will not adversely affect property values. It should be noted that the value of property is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors induding zoning, however zoning by itself mayor may not affect values, since value determination by law is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change, in fact, aids in assisting the proposed Naples Daily News Business Park Planned Unit Development meet the minimum lot area requirement set forth in the GMP for Business Park development. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The Comprehensive Planning staff has determined the proposed amendment to the PUD complies with the GMP. In light of this fact, the proposed PUD Amendment does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with said plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property is being developed in accordance with the existing PUD zoning. The proposed PUD amendment does not seek to alter the current uses or development standards. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed amendment complies with the GMP and will not adversely impact the scale, density and overall intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. PUDA-2005-AR-8832 12 OF 15 Agenda Item No. 8B October 24,2006 Page 19 of 156 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The proposed amendment to the Creekside Commerce Park PUD will not change the list of permitted uses that have already been approved for the subject site. In addition, there are many sites which are zoned to accommodate the subject development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. This petition is consistent with all elements of the GMP, is compatible with the adjacent land uses, has adequate infrastructure and to some extent the timing of the action is consistent with all County codes. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The physical alteration through the reduction of the 2.32 acre area in the proposed amendment is not altering the usability of the property for any of the potential uses that were approved for Creekside Commerce Park PUD. The area that will be affected was previously developed with designed infrastructure that supported the subj ect property. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and has found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. The proposed change will have no affect upon those conditions. The previously developed infrastructure will continue to function and serve Creekside Commerce Park PUD, as well as, the proposed Naples Daily News Business Park Planned Unit Development FINDINGS FOR PUD PUDA-2005-AR-8832 Section 10.03.05 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. PUDA-2005-AR-8832 13 OF 15 Agenda Item No. 8B October 24, 2006 Page 20 of 156 Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the Creekside Commerce Park PUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with level of service relationships as prescribed by the GMP. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the GMP. A more detailed description of this conformity is addressed in the Staff Report. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. EXHIBIT "B" The proposed amendment is a boundary and area reViSion to the Creekside Commerce Park PUD. The developed use of that area to be removed from the existing PUD will continue to function and serve the subject property, as well as, the adjoining property and the proposed Naples Daily News Business Park Planned Unit Development. There would be not issues with internal and external compatibility. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. As provided in Section 2.12 of the PUD Document, the amount of open space set aside by this project is consistent with the provisions of the Land Development Code and the Growth Management Plan. PUDA-2005-AR-8832 140F15 Agenda Item No. 8B October 24,2006 Page 21 of 156 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Given the fact that the Creekside Commerce Park PUD is currently under development, the timing or sequence of development in light of concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The subject property is not completely built-out, but has additional area for future industrial and commercial development. The proposed amendment has been pursued for the intent to accommodate the proposed Naples Daily News Business Park Planned Unit Development on the present agriculturally used property to the west. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. PUDA-2005-AR-8832 15 OF 15 e COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLUERGOV.NET 6968 .A.genda Item No. 88 October 24, 2006 Page 22 of 156 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 341 04 (239) 403-2400 FAX (239) 643- (i). ...... .. .". ",. ... . PETITION NO (AR) PROJECT NAM E PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER REV: 2 1 PUDA-200S-AR-8832 PROJECT #2005120050 DATE: 4/21/06 MICHAEL DERUNTZ Above to be completed by staff e APPlIC~NT(S) CREEKSIDE COMMERCE PARK PROPERTY OWNERS ASSOCIATION. INC. . ADDRESS 2600 GOLDEN GATE PARKWAY CITY NAPLES STATE FLORIDA ZIP 34105 TELEPHONE # (239) 403-6870 CELL # ________________ FAX # (239) 262-8017 E-Mail Address:DBORDEN@BARRONCOLLlER.COM Is the applicant the owner ~f the subject property? k8J Yes ONo o (a) If applicant is a land trust, so indicate and name beneficiaries below. ~ (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. o (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. -0 (d) If applicant if an owner, indicate exactly as recorded, and list all other owners, if any. o Agenda Item No. 88 . October 24,2006 Page 23 of 156 (e) If applicant if a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. o (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. e (If space is inadequate, attach on separate page.) t ,- . '. . ;:,-;." 4GEtsfT INFOR~~TlqN : ... "'_.:-'..~'" .' -.-,.; .' -. .. ,j: I NAME OF AGENT D. WAYNE ARNOLD. AICP - O. GRADY MINOR AND ASSOCIATES. P.A. ADDRESS 3800 VIA DEL REY TELEPHONE # 239-947-1144 CITY BONITA SPRINGS STATE FLORIDA ZIP 341 34 CELL # _____________FAX # 239-947-0375 E-MAIL ADDRESS:WARNOLD@GRADYMINOR.COM NAME OF AGENT R. BRUCE ANDERSON. ESQ. - ROITZEL AND ANDRESS. L.P.A. ADDRESS 850 PARK SHORE DR.. 3RD FLOOR CITY NAPLES STATE FLORIDA ZIP 34103 ~ TELEPHONE # 239-649-2708 CELL # ____________FAX # 239-261-3659 E-MAIL ADDRESS:BANDERSON@RALAW.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. PROPERTY INFORMATION PUD ORDINANCE NAME Creekside Commerce Park PUD NUMBER: 97-51 Detailed leeal description of the property covered. bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (comp!eted within the last six months; maximum ( 1" to 400' scale) if required to do so at the pre-application meeting. Agenda Item No. 88 October 24,2006 Page 24 of 156 NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. - Section/Township/Range 27 / 48 / 25 Lot: _______ Block: _______ Subdivision: ----------.;...------------- Plat Book______ Page #:________ Property 1.0. #: _________________________________ Metes & Bounds Description: Please see attached legal description Size of propertv: 3t. X ____ft. = Total Sq. Ft. _________ Acres l06:t Address/eenerallocation of subiect property: Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section/Township/Range ______/ ______/ ______ . Lot: ________ Block: _________ Subdivision: _____________________________________ Plat Book_______ Page #:________ Property 1.0. #: ______________________ Metes & Bounds Description: Please see legal description provided in the attached Creekside Commerce Park PUD DETAIL OF REQUEST TYPE OF AMENDMENT: ~ A. PUD Document Language Amendment o B. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PlAN? [3J Yes 0 No -. If no, explain: _______________________________________________ Agenda Item No. 88 October 24, 2006 Page 25 of 156 CREEKSIDE COMMERCE PARK PUD LEGAL DESCRIPTION It All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; COMMENCING at the northwest comer of said Section 27; thence along the north line of said Section 27 South 89045'21" East 1869.61 feet; thence leaving said line South 00014'39" West 125.00 feet to a point on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; thence along said right of way line in the following Six. (6) described courses; 1) South 89045'21" East 485.99 feet; 2) South 00014'39" West 10.00 feet; 3) South 89045'21" East 150.19 feet; 4) South 89048'33" East 716.81 feet; 5) North 05034'33" West 10.05 feet; 6) South 89048'33" East 486.21 feet to a point on the west right of way line of Goodlette Road as recorded in Plat Book 3, page 58, Public Records of Collier County, Florida; thence along said line South 05033' 48" East 1767.02 feet; thence leaving said line South 89020'53" West 51.18 feet; thence North 23055'53" West 13.07 feet; thence northwesterly, 30.71 feet along the arc ofa circular curve concave to the northeast, having a radius of 80.00 feet, through a central angle of21 059'52" and being subtended by a chord which bears North 12055'5T West 30.53 feet; thence North 05000'53" West 31.56 feet; thence North 36019'20" West 32.02 feet; thence North 56004'35" West 35.11 feet; thence North 80039' IS" West 32.53 feet; thence North 88039'12" West 97.78 feet; thence North 86004'40" West 45.79 feet; thence North 89049'48" West 132.77 feet; thence North 69040' 10" West 37.23 feet; thence South 89020'53" West 142.47 feet; thence South 84059'26" West 24.66 feet; thence South 74056'50" West 121.32 feet; thence South 79049'59" West 45.93 feet; thence westerly and northwesterly, 45.51 feet along the arc of a circular curve concave to the northeast, havmg a radius of 66.00 feet, through a central angle of39030'16" and being subtended by a chord which bears North 80024'53" West 44.61 feet to a point of compound curvature; thence northwesterly, 52.92 feet along the arc of a circular curve concave to the southwest, having a radius of 150.00 feet, through a central angle of20012'57" and being subtended by a chord which bears North 70046'13" West 52.65 feet; thence North 80052'42" West 36.59 feet; thence westerly and southwesterly, 46.18 feet along the arc of a circular curve concave to the southeast, having a radius of 80.00 feet, through a central angle of33004'14'' and being subtended by a .chord which bears South 82035'11" West 45.54 feet to a point of compound curvature; thence southwesterly and westerly, 38.16 feet along the arc of a circular curve concave to the northwest, having a radius of60.00 feet, through a central angle of36026'19" and being subtended by a chord which bears South 84016'14" West 37.52 feet to a point of compound curvature; ~ (. Agenda Item No. 88 . October 24,2006 Page 26 of 156 -- thence westerly and northwesterly, 68.85 feet along the arc of a circular curve concave to the southwest, having a radius of 305.00 feet, through a central angle of 12055'59" and being subtended by a chord which bears North 83058'36" West 68.70 feet; thence South 89033'25" West 18.36 feet; thence South 89039'19" West 71.63 feet; thence North 89034'56" West 36.03 feet; thence South 86006'41" West 42.94 feet; thence South 83044'16" West 26.23 feet; thence South 51001' 13" West 27.49 feet; thence South 33025'50" West 19.95 feet; thence South 15040'05" West 20.54 feet; thence South 10054'39" West 34.64 feet; thence South 89020'14" West 101.06 feet; thence North 10046'06" East 101.42 feet; thence North 89020'53" East 65.45 feet; thence North 00039'07" West 100.64 feet; thence South 89020'53" West 503.78 feet; thence North 00039'07" West 27.71 feet; thence North 72058'55" West 131.30 feet; thence North 02008'56" West 1473.29 feet to a point on the south right of way line of said Immokalee Road (S.R. 846) and the POINT OF BEGINNING ofthe parcel herein described; Containing 69.48 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89049'40" East. 4t All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; Commencing at the northeast comer of said Section 27; thence along the east line of said Section 27, South 01009'43" East 125.00 feet to a point on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; thence continue along said east line South 01009'43" East 1189.62 feet; thence leaving said line South 89048'50" West 677.35 feet; thence South 05035'39" East 886.02 feet; thence South 89048'50" West 400.00 feet to a point on the easterly right of way line ofGoodlette Frank: Road as Recorded in Plat Book 13, page 58, Public records of Collier County, Florida; thence along said line North 05035'39" West 2088.10 feet to a point of the south right of way line of said Immokalee Road (S.R. 846); thence along said line South 89049'40" East 1168.55 feet; thence continue along said line South 89012'58" East 1.85 feet to the POINT OF BEGINNING of the parcel herein described; Containing 38.9 acres more or less; Subject to easements and restrictions of record. I Bearings are assumed and based on the north line of said Section 27 being South 89046'2q" East. LESS .-- A PORTION OF TRACTS uR" AND "Ll" CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWESTERLYMOST CORNER OF TRACT UR" (CREEKSIDE WAY) CREEKSIDE COMMERCE P ARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT Aaenda Item No. 88 . ~ October 24. 2006 Page 27 of 156 PAGES 57 THROUGH 58 OF TIlE PUBLIC RECORDS OF COLLIER COUNlY, FLORIDA; . TIlENCE RUN soum 89045'00'1 EAST, ALONG THE soum RIGHT -OF- WAY OF IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN soum 00025'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60002'56" EAST FOR A DISTANCE OF 117.20 FEET; TIIENCE RUN SOUTH 82032'14" EAST FOR A DISTANCE OF 119.17 FEET TO A POINT ON TIIE EAST LINE OF lRACf "U" OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE, ALSO BEING THE WES LINE OF LOT 3 OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE; THENCE RUN SOUTH 00007'39" EAST, ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET TO A POINT ON THE NORlH RIGHT-OF-WAY OF SAID TRACT ''R''; TIiENCE RUN NORlH 89058'01" WEST, ALONG SAID NORTH RIGHT-OF-WAY FOR A DISTANCE OF 456.64 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF SAID TRACT .oR"; THENCE RUN NORTH 02019'57" WEST, ALONG SAID WEST RIGHT -OF- WAY FOR A DISTANCE OF 294.20 FEET TO THE POINT OF BEGINNING; CONTAINING 2.32 ACRES, MORE OR LESS. f. { It . "-- Agenda Item No. 8B October 24, 2006 ~oee2s8 of 156 HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? LJ'Y1 [8JNo IF SO, IN WHOSE NAME? ______________________________________________________ PETITION #: ______________________ DATE: ________________________ HAS ANY PORTION OF THE PUD BEEN C8J SOLD and/or C8J DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? 0 Yes cgJ No IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). This amendment oroooses to reduce the area of the Creekside PUD by approximately 2.3 acres and rezone the area from Creekside Commerce Park PUD to Naples Daily News Business Park PUD. Section 1 0.03.05.B.3 of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately Agenda Item No. 8B . October 24,2006 Page 29 of 156 e . &. e .OFFlGERS'/DIREOTORS CREEKSIDE WEST (Nt: . P~sldentlAA Vlc;e PresIdent 8rr G/D D D D D D - PauJ J ManneJk DaVid ,K B'orden Bradley ABoaz Lamar "GabJe Barron conretlll Julieta Spr't>uJ Ftam~es GVlOere Phylhs G Alclen Kathenne'GSproul PUDA-2005-AR-8832 PROJECT #2005120050 DATE: 12/20/05 MICHAEL DERUNTZ Agenda Item No. 8B October 24,2006 Page 30 of 156 04J~0l04 Agenda Item No. 8B October 24, 2006 Page 31 of 156 . . ~ Agenda Item No. 8B October 24, 2006 Page 32 of. 156 ~~~~~!~y~~~~~~ - t ,n ~, " PHASE II ENVIRONMENTAL SITE ASSESSMENT Phase II Environmental Site Assessment CreeksidelU-Pick Facility Naples, Florida PREPARED FOR: . Mr. Thomas J. Sewell Collier County Publishing Company D/B/A Naples Daily News 1075 Central Avenue Naples, Florida 34102 PREP ARED BY: Environmental Risk Management, Inc. ERMI File No. Cl220A June 28, 2005 PUDA-2005-AR-8832 PROJECT #2005120050 DATE: 12/20/05 MICHAEL DERUNTZ adquarters .15248 Tamlaml Trail South #800., Fort Myers, Florida 33908 1-888-ENV-MGMT (1-888-368-6468)" Fax 1-888-368-6329., www.erml.net ,A,genda Item No. 88 October 24,2006 Page 33 of 156 .~~!!o~~~~~~~~s , " CERTIFICA TION FOR PHASE n ENVIRONMENTAL SITE ASSESSMENT Creekside/U-Pick Facility Naples, Florida PROFESSIONAL GEOLOGIST CERTIFICATION Environmental Risk Management, Inc. hereby certifies the reliability and accuracy of the services performed in this investigation, and the information presented in this report. This report is based on professional services that were conducted using sound geologic principles and "Standard of Industry" practices. The party to whom this report is addressed may rely upon the contents of this report. Data derived through sampling and subsequent laboratory analysis are extrapolated to render an opinion about overall subsurface conditions. Actual conditions in areas not tested may differ from those inferred to exist. I do not attest to the accuracy of items outside the area of my expertise, &. including, but not limited to, laboratory analysis. · Prepared by Environmental Risk Management, Inc. 15248 Tamiami Trail South, Suite 800 Fort Myers, Florida 33908 Signed, ~~ Stanley J. Rutka, P.G. Licensed Professional Geologist State of Florida, License Number PG-1963 Date: ( dquarters .15248 Tamiaml Trail South #800. Fort Myers, Florida 33908 1-888-ENV-MGMT (1-888-368-6488) . Fax 1-888-368-6329 . www.ennl.net Agenda Item No. 88 October 24, 2006 Page 34 of 156 -Ai; ~~~~~~~~~~~~~n!N~ - t'~- November 18,2005 Mr. Thomas 1. Sewell Collier County Publishing Company D/B/A Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Phase II Environmental Site Assessment CreeksidelU-Pick Facility Naples, Florida ERMI File No. C1220A Dear Mr. Sewell: Environmental Risk Management, Inc. (ERMD has prepared this report in accordance with our contract agreement dated November 8, 2005. 1.0 PROJECT UNDERSTANDING 4t The above referenced property is the location of a former agricultural operation, which represents a potential concern. During a Phase I ESA investigation, performed by MACTEC Engineering and Consulting, several areas of concern were identified. The purpose of this investigation was to collect soil samples from the locations determined to be the most likely to be impacted by petroleum or organo-chlorinated pesticides from the former agricultural operation. No significantly impacted areas were identified during this investigation and groundwater sampling was not conducted per our contract agreement dated November 8, 2005. 2.0 SCOPE OF WORK The following scope of work was completed: ERMI personnel installed four soil borings, noting physical observations of the soil conditions, to a depth of two 2 feet below the water table. Two of the soil borings were installed in areas determined to be potential sources of impact during the Phase I ESA performed by MACTEC Engineering and Consulting. And two random soil borings were installed to assess the general soil quality of the subject property (see Site Location Map in Attachment A). -., ERMI collected four soil samples from the above referenced on-site location within the smear zone (approximately one-foot above the water table, please refer to the soil boring logs in Attachment B). ERMI submitted the samples to Jupiter Environmental Laboratories for analysis of diesel petroleum constituents (SB-l and SB-2) using EP A Method 8100 and organo- chloriqated pesticides (SB-3 and SB-4) using EP A Method 8081A (See Site Laboratory Results in .. .hment C). --~..-~- ~:.t;-':c . ~=!t'tf,_~ : ~ :i~~~- _ . _.L-"~__~ ~ - --,..-~ - ... - - -<.. -- adquarters .15248 Tamiami Trail South #800.. Fort Myers, Florida 33908 -888.ENV.MGMT (1-888-368-6468) . Fax 1-888-368-6329 ,. www.ermi.net Agenda Item No. 8B October 24,2006 Page 35 of 156 Phase II ESA . Page 2 of J . ENVIRONMENTAL RISK MANAGEMENT, lNC . 1- 888-368-6468 . 2.0 SOIL SCREENING AND SAMPLING METHODOLOGY ERMI personnel carefully transferred soil cores collected by the clean, stainless-steel auger, into sampling jars, and cleaned the auger bit after each soil boring, in accordance with the procedures outlined in "FDEP Standard Operating Procedures for Laboratory Operations and Sample Collection Activities" (DEP-QA-00l/92). Two soil samples was taken in accordance with established FDEP soil sampling protocol for laboratory analysis by EP A Methods 81 DO, and two soil samples were taken for laboratory analysis by EP A Methods 8081A. 4.0 SUMMARY OF RESUL TS Soil Sample SB-3 and SB-4 had slight detections of 4,4' ODD. These concentrations were well below Soil Cleanup Target Level (SCTL) for leachability set for this constituent. The 8B-3 and SB-4 sample locations can be viewed in Attachment A. Summarized laboratory results are available in Table 1. Complete laboratory analytical results are presented in Attachment C. Table: 1 Summary of Groundwater Analytical Results ~ SB-3 4.05u 8.40 u SB-3 :~ .-,- Any results above SCTL 's are in bold (none for this investigation) Complete laboratory analyses are attached in Attachment C. 5.0 CONCLUSIONS AND RECOMMENDA TIONS Detections of 4, 4' DDD, a breakdown constituent of DDT, were found in the two random soil samples taken during this investigation; however, all concentrations were below applicable FDEP regulatory levels. Given the low levels of 4, 4' ODD detected, ERMI feels that "excessive" contamination is not likely on the subject property. ERMI does not consider it necessary to do any further sampling at the subject property. Sincerely, ENVIRONMENTAL RISK MANAGEMENT, INC. ~.~. zfuk- Barton J. Baker, CFEA, REPA Project Manager ~~ Stanley J. Rutka, P.G. Principal Geologist ( Environmental Risk Management. lne. 2 ERMJ FileNo. C1220A Agenda Item No. 88 October 24, 2006 Page 36 of 156 ATTACHMENT A Sample Location Map "'-- $ N 90'00'00. W n SB-I diesel AST----D Legend o = Soil Boring Risk (-.- , Inc. Fim ~.- C-,_n" _ 10 C FOE? Fae 10 No.: Nt... Services Immokalee Road o SB-I product stand o o Lr--~ Figure 1 Sample Location Man l\genda Item No. 8B October 24, 2006 Paqe 37 of 156 . o SB-3 suspected engine mount o SB-2 ~ Subject Property Creekside Boulevard Subject Property ) (ERMI FIlo No.; (- _ \.... C1220A ~ ) C Bm sitY. ) ) (~;;.~~:_ J Agenda Item No. 88 October 24, 2006 Page 38 of 156 .- ATTACHMENT B Field Log ro<.olO coOl.!') .O~ ~~ 2wcP -.001 rooce -guo..: cPO . I 01 <( e . S l-o o ~ 0.0 c ~ bLI .s l-o Q ~ - .0 tll .C'I''' ~ .", .l~ ~ ..~~ ~ ~ "~ 0 ~~. ~E . Q) Co:lcr: ~06 Z~ .-<C E ~~ M~ ~E. >'-0 'S ~ ] .'~ l-.:1 g; g ~ ~~ -l j ..~."O ~~ ~ ~-~ .Z CD o -~ .=:::ill ~l~ ~ ~:3~~ a0~ · i 1 o ....l ~ t \ '::. _."._p ....:.-:,........ ~ ~ r-IT III "wi .!! o. z ~ ~ ~ z III i Eo.. c ~) ....l~- I~ ~ I:; ~~ o -:t~ll ~~ laM . ~ ') lS!OW ~ 01 dnOJ~ lead ^el\> pues :::. I~ IEll\eJ~ . ''VAO 19N pap;wDO VAD ~ ~ ~ paJEllIl:! ~ ~....; 'VAOir::. .. peJ9"u.un A ~ I";;' ..c:..l.-.L 15. .... "lot lD\'~ 06-......... " .. o g"7'" 0': -. <<8~ ~\" () ~. ~ ~ ~\o ~ .~ '" ~.~ ~I~ rl <0 ~ ~.... S- ~::; ~ \ ';:. \ ~\ rv" ,~ . ..,..."-l -..:: f::, ~~ ~~ :-\':i ~i~ i\ ~ l.I\ l.1 Ci 1 ... c1 ~ ~ ~\ . ~~ ]I~. l,J ~ l.iji~ ~ Ie; .~I~ v ~I ~ l-l'\~ 11\', e,'3 ~...; i~ I~ (Y. ~ ~:.- ~~ ~ ) \ ;:... k-\o ~~ ...:::.",-, ~~ ~....::. 1\ :s- h~ I~~ ~~ ~ '::. - ~ ~> c~ () . ~ ~ ~.~ . -.:.:::-"':" f'I' ~ ,~ ~~ .}.. ~ I ./ , i , I I I ~ . I I I i 'f .~. ~. . . I ; I I I I ....,.._.3>0 : i Agenda Item No. 88 October 24, 2006 . Page 40 of 156. ATTACHMENT C Laboratory Analytical Data .. Jupiter EnvilfJnmllntall.1lmmlnrit!!i. Inc:. Thursday, November 17, 2005 Bryan Ott Environmental Risk Management, Inc. 15248 Tamiami Trail South Suite 800 Fort Myers, Fl 33908 RE: Project: Project ID: 514490 C1220A Creekside UIPick Dear Bryan Ott: Aaenda Item No. 88 ~ October 24,2006 Page 41 of 156 Jupiter EnvIronmental Laboratorle., Inc. 150 S. Old Dixie Highway Jupiter, FL 33458 Phone: (561)575-0030 Fax: (561)575-4118 . ~ Enclosed are the analytical results for sample(s) received by the laboratory on Friday. November 11, 2005. Results reported herein conform to the most current NELAC standards, where applicable. unless otherwise narrated in the body of the report. The enclosed Chain of custody is a component of this package and should be retained with the package and incorporated therein. Results for all solid matrices are reported in dry weight unless otherwise noted. Results for all liquid matrices are analyzed as received in the laboratory unless otherwise noted. Samples are disposed of after 30 days of their receipt by the laboratory unless archieving Is requested in writing. The laboratory maintains the right to charge storage fees for archieved samples. Certain analyses are subcontracted to outside NELAC certified laboratories and are designated on the report as follows: BM/E86048, ESC/E87487. KNlIE84025, SlIE8409. A Statement of Qualifiers are available upon request. If you have any questions conceming this report. please feel free to contact me. Sincerely. Kacia Baldwin kbaldwln@jupiterlabs.com Enclosures REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except In full. without the written consent of Jupiter Environmental Laboratories. Inc. Page 1 of7 (" e . - Agenda Item No. 88 October 24,2006 Page 42 of 156 -..../" .~ Jupiter EnlJirolllT1P.nt.lll.1borMnriM, IIW"_ Jupiter Envlronmenta' Laboratories, Inc. 150 S. Old Dixie Highway Jupiter, FL 33458 Phone: (561 )575-0030 Fax: (561)575-4118 '. ~-.., SAMPLE SUMMARY Project 514490 Project 10: C1220A Creekside U/Plck Lab 10 Sample 10 Matrix Date Collected Date Received 514490001 S8.1 SoiVSolid/Sedlmen 11/10/200511:00 11/11/200516:25 514490002 8B-2 SoiUSolid/Sedlmen 11/10/200511:00 11/111200516:25 514490003 8B-3 Soll/Solid/Sedimen 11/10/200511 :00 11/1112005 16:25 514490004 8B-4 Soil/Solld/Sedlmen 11/10/200511:00 11/11/200516:25 Page 2 of 7 REPORT OF LABORATORY ANALYSIS This report shaU not be reproduced, except In fun, without the wrltten consent of Jup~er Environmental Laboratories, Ine. -. Ir' Agenda Item No. 88 October 24,2006 Page 43 of 156 Jupiter El'I\'imnll'lMt.1t t..1hot..,ries, Irr_ Jup..r Environmental L.boratorle,,'nc. 150 S. Old Dixie H1ghWBy Jupiter, FL 33458 Phone: (561)575-0030 . Fax: (561)575-4118 SAMPLE ANALYTE COUNT Project 514490 Project 10: C1220A Creekside UlPlck Analytes Lab 10 Sampl. 10 Method Reported 514490001 8B.1 EPA 8270C 21 514490002 88.2 EPA 8270C 21 514490003 SB-3 EPA 6020 1 EPA8081 (GG) 24 514490004 SB-4 EPA 6020 1 EPA 8081 (GC) 24 ., Page3of7 r REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except In fuft, wllhoullhe wrltlan consent of Jupiter Envlronmentallaboratorlas, Ine. Agenda Item No. 88 October 24, 2006 Page 44 of 156 p Jupiter Envirrn\mllnt.l1 Lloor;ttnri.P.!I, In<:. Jupiter Environmental Labomor.... Inc. 150 S. Old Dixie Highway Jupiter, FL 33458 Phone: (561)575-0030 Fax: (561)575-4118 e 4' ANALYTICAL RESULTS Project: 514490 Project 10: C1220A Creekside U/Pick Solid results are reported on a dry weight basis. Lab 10: 514490001 Sample 10: SB-1 Date Collected: Date Received: 11/101200511:00 11/11/200516:25 Matrix: Soil/Solid/Sediment Parameters Results Units Report limit OF Prepared By Analyzed By CAS No. Qual RegLmt GC/MS Seml.volatlles Preparation Method: EPA 3545 EPA 8100 PAH Scan (8) List l-Methylnaphthalene 2-Methylnaphthalene Acenaphthene Acenaphthylene Anthracene Benzo[a]anthracene Benzo[a]pyrene 4Z0[b]nUOranthene zo[g,h,ijperylene enzo[k]nuoranthene Chrysene Dibenz[a,h]anthracene Fluoranthene Fluorene Indeno[1,2,3-cd]pyrene Naphthalene Phenanthrene Pyrene Nltrobenzene-d5 (S) 2-Fluoroblphenyl (5) p-Terphenyl-d14 (5) U mg/Kg 0.300 1 11/14/2005 JC 11/1412005 JC 90-12-0 U mg/Kg 0.300 1 11/14/2005 JC 11/14/2005 JC 91-57-6 U mg/Kg 0.300 1 11/14/2005 JC 11/14/2005 JC 83-32-9 U mg/Kg 0.300 1 11/14/2005 JC 11/14/2005 JC 208-96-8 U mg/Kg 0.300 1 11/14/2005 JC 11/14/2005 JC 120-12-7 U mg/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 56-55-3 U mg/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 50-32-8 U mg/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 205-99-2 U mg/Kg 0.300 1 11/14/2005 JC 11/14/2005 JC 191-24-2 U mg/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 207-08-9 U mg/Kg 0.100 1 1111412005 JC 11/14/2005 JC 218-01-9 U mg/Kg 0.100 1 11114/2005 JC 11/1412005 JC 53-70-3 U mglKg 0.300 1 11/14/2005 JC 11/14/2005 JC 206-44-0 U mg/Kg 0.300 1 11/14/2005 JC 11/14/2005 JC 86-73-7 U mg/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 193-39-5 U mglKg 0.300 1 11/14/2005 JC 11/14/2005 JC 91-20-3 U mglKg 0.300 1 11/14/2005 JC 11/14/2005 JC 85-01-8 U mg/Kg 0.300 1 11/14/2005 JC 11/1412005 JC 129-00-0 83 % 30-150 1 11/14/2005 JC 11/1412005 JC 4165-60-0 55 % 30-150 1 11/14/2005 JC 11/1412005 JC 321-60-8 63 % 30-150 1 11/14/2005 JC 11/14/2005 JC 1718-51-0 -- Date: 11/17/2005 Page 4 of 7 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except In full, without the written consent of Jupiter Environmental Laboratories, Inc.. p' Jupiter EnvifOl1mP.nt.1ll..1hnr.lmri_5, lAC. !.~:<- Project: 514490 Project 10: C1220A Creekside U/Pick Solid results are reported on a dry weight basis. Lab 10: Sample 10: 514490002 SB-2 Date Collected: Date Received: Parameters Results Units GCIMS Semi-Volatiles Preparation Method: EPA 3545 EPA 8100 PAH Scan (5) Ust 1-Methylnaphthalene 2-Methylnaphthalene Acenaphthene Acenaphthylene Anthracene Benzo[a]anthracene Benzo[a]pyrene Benzo[b]f1uoranthene Benzo[g,h,ijperylene Benzo[k]f1uoranthene Chrysene Dibenz[a,h]anthracene Fluoranthene Fluorene Indeno[1,2,3-cd]pyrene Naphthalene Phenanthrene Pyrene Nitrobenzene-d5 (5) 2-Auorobiphenyl (S) p-Terphenyl-{j14 (S) U mglKg U mg/Kg U mglKg U mg/Kg U mg/Kg U mg/Kg U mg/Kg U mg/Kg U mg/Kg U mglKg U mg/Kg U mg/Kg U mg/Kg U mg/Kg U mg/Kg U mglKg U mg/Kg U mgIKg 75 % 50 % 58 % Date: 11/17/2005 ANALYTICAL RESULTS Report limit 0.300 0.300 0.300 0.300 0.300 0.100 0.100 0.100 0.300 0.100 0.100 0.100 0.300 0.300 0.100 0.300 0.300 0.300 30-150 30-150 30-150 11/1012005 11 :00 11/11/200516:25 OF Prepared 1 11/1412005 1 11/1412005 1 11/14/2005 1 11/14/2005 1 11/1412005 1 11/14/2005 1 11/1412005 1 11/14/2005 1 11/1412005 1 1111412005 1 11/14/2005 1 11/14/2005 1 11/14/2005 1 11/1412005 1 11/14/2005 1 11/1412005 1 11/14/2005 1 11114/2005 1 11/14/2005 1 11/1412005 1 11/1412005 Matrlx: I'\genda Item No. 8B October 24, 2006 Page 45 of 156 Jupiter Envlronmenbll Laborlltorles.lnc. 150 S. Old Dixie HlglrN8y J uplter. FL 33458 Phone: (561}575-0030 Fax: (561)575-4118 . Soli/Solid/Sediment By Analyzed JC 1111412005 JC 11/14/2005 JC 11114/2005 JC 11/1412005 JC 11/14/2005 JC 11/14/2005 JC 11/1412005 JC 11114/2005 JC 1111412005 JC 1111412005 JC 11/1412005 JC 11/14/2005 JC 11/14/2005 JC 11/14/2005 JC 11/1412005 JC 11114/2005 JC 11/14/2005 JC 11/1412005 JC 11/1412005 JC 11/14/2005 JC 11/14/2005 REPORT OF LABORATORY ANALYSIS This report sha" not be I'llProduced, except In full, Without 1I1e wrtIlen consent of Juplter Envtronmental Laboratories, Inc.. By CAS No. Qual RegLmt JC 90-12-0 JC 91-57-6 JC 83-32-9 JC 208-96-8 JC 120-12-7 JC 56-55-3 JC 50-32-8 JC 205-99-2 JC 191-24-2 JC 207 -08-9 JC 216-01-9 JC 53-70-3 JC 206-44-0 JC 86-73-7 JC 193-39-5 JC 91-20-3 JC 85-01-8 JC 129-00-0 JC 4165-60-0 JC 321-60-8 JC 1718-51-0 t. Page5of7 (" Agenda Item No. 88 October 24,2006 Page 46 of 156 II Jupiter Env,rOllmP.nt,lll..lbnr.ltnriP.i, In<'"_ Jupiter Environmental Laboratories, Inc. 150 S. Old Dixie Highway Jupiter, FL 33458 Phone: (561)575-0030 Fax: (581)575-4118 . ANALYTICAL RESULTS Project: 514490 Project 10: C1220A Creekside U/Pick Solid results are reported on a dry weight basis. LablD: 514490003 Date Collected: 11/101200511:00 Matrix: Soil/Solid/Sediment Sample ID: S8.3 Date Received: 11/11/2005 16:25 Parameters Results Units Report limit OF Prepared By Analyzed By CAS No. Qual RegLmt GC Pesticides Preparation Method: EPA 3545 EPA 8081 by GC (5) List 4,4'-000 U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 72-54-8 4,4'-DOE 4.05 ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 72-55-9 4,4'-DDT U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 50-29-3 Aldrin U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 309-00-2 alpha-SHC U uglKg 0.100 1 11/14/2005 JC 11/1412005 JC 319-84-6 alpha-Chlordane U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 5103-71-9 beta-BHC U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 319-85-7 tlta-SHC U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 319-86-8 Idrin U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 60-57-1 ndosulfan I U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 959-98-8 Endosulfan II U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 33213-65-9 Endosulfan sulfate U uglKg 0.100 1 11/14/2005 JC 11/1412005 JC 1031-07-8 Endrin U uglKg 0.100 1 11/14/2005 JC 11/14/2005 JC 72-20-8 Endrin Aldehyde U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 7421-93-4 Endrin Ketone U uglKg 0.100 1 11/14/2005 JC 11/14/2005 JC 53494-70-5 gamma-BHC (Lindane) U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 58-89-9 gamma-Chlordane U uglKg 0.100 1 11/14/2005 JC 11/14/2005 JC 12789-03-6 Heptachlor U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 76-44-8 Heptachlor epoxide U ug/Kg 0.100 1 11/1412005 JC 11/1412005 JC 1024-57-3 Methoxychlor U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 72-43-5 Total Chlordane U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC Total Toxaphene U ug/Kg 10.0 1 11/14/2005 JC 11/1412005 JC 8001-35-2 Tetrachloro-m-xylene (S) 62 % 50-130 1 11/14/2005 JC 11/14/2005 JC 877-09-8 Decachlorobiphenyl (5) 56 % 50-150 1 11/14/2005 JC 11/14/2005 JC 2051-24-3 Metals Preparation Method: EPA 3051 EPA 6020 Metals SCAN by ICP/M5 (5) LIst Arsenic U mg/Kg 0.14 1 11/14/2005 ZS 11/14/2005 ZS 7440-38-2 -- Date: 11/17/2005 Page 6 of 7 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except In full, wllhoutthe wrIIIen consent of Jupiter Environmental Laboratories. Inc.. Agenda Item No. 88 October 24,2006 Page 47 of 156 - .. Jupiter EnvironlTlP.fll...1 L1hnr.'ltmiR!>, IIK"_ Jupiter Environmental Labonltorl.., Inc. 150 S. Old Dixie Highway Jupiter, FL 33458 Phone: (581)575-0030 Fax: (581)575-4118 e ~~? ANALYTICAL RESUL 1S Project 514490 Project 10: C1220A Creekside UfPick Solid results are reported on a dlY weight basis. Lab 10: 514490004 Oate Collected: 11/101200511 :00 Matrix: Soli/Solid/Sediment Sample 10: SB-4 Oate Received: 11/11/200516:25 Parameters Results Units Report limit OF Prepared By Analyzed By CAS No. Qual RegLmt GC Pesticides Preparation Method: EPA 3545 EPA 8081 by GC (S) List 4,4'-000 U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 72-54-8 4,4'-DOE 8.40 uglKg 0.100 1 11/1412005 JC 11/1412005 JC 72-55-9 4,4'-DOT U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 50-29-3 Aldrin U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 309-00-2 alpha-BHC U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 319-84-6 alpha-Chlordane U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 5103-71-9 beta-BHC U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 319-85-7 delta-BHC U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 319-86-8 . Dieldrin U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 60-57-1 Endosulfan I U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 959-98-8 Endosulfan II U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 33213-65-9 Endosulfan sulfate U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 1031-07-8 Endrin U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 72-20-8 Endrin Aldehyde U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 7421-93-4 Endrin Ketone U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 53494-70-5 gamma-BHC (Lindane) U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 58-89-9 gamma-Chlordane U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 12789-03-6 Heptachlor U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 76-44-8 Heptachlor epoxide U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 1024-57-3 Methoxychlor U ug/Kg 0.100 1 11/1412005 JC 11/1412005 JC 72-43-5 Total Chlordane U ug/Kg 0.100 1 11/1412005 JC 11/1412005 JC Total Toxaphene U ug/Kg 10.0 1 11/14/2005 JC 11/14/2005 JC 8001-35-2 Tetrachloro-m-xylene (S) 64 % 50-130 1 11/14/2005 JC 11/14/2005 JC 877 -09-8 Oecachlorobiphenyl (S) 58 % 50-150 1 11/14/2005 JC 11/1412005 JC 2051-24-3 MI.tiIa Preparation Method: EPA 3051 EPA 6020 Metals SCAN by ICP/MS (S) List Arsenic U mg/Kg 0.14 1 11/14/2005 ZS 11/1412005 ZS 7440-36-2 Date: 11/17/2005 Page 7 of7 ~ REPORT OF LABORATORY ANALYSIS This report shaH not be reproduced. excaplln fuD, wflhout the written con$8nt or Jupiter Environmental Laboratories. Inc.. -- Agenda Item No. 8B October 24, 2006 Page 48 of 156 - We/I, Creekside Commerce Park Prooertv Owners Association. Inc. being first duly sworn, depose and say that well am/are the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As owner Well further authorize a. Grady Minor and Associates. P.A. and Roetzel Andress and Collier Publishino Comoany dba Naoles Daily News to act as our/my representative in any matters regarding this Petition. It ~~L Signatur of Owner .f)ql//!) J: ~~12/) ~~ f/l€.5, Typed or Printed Name f Owner t. fO~egOin~strument was acknowledged before me this ~ day Of) ef,~t ,..-, 2005, by U ~ d t: ~ l"'J't.v-who is personally known to me or has produced as - identification. State of ~ County of bJu1' t,..- OFFICIAL OfARYSEAL LYNN DAVIDSON NOTARYPUBLlC STATE OF FLORlDA COMMISSlON NO. 00143378 MY COMMISSION EXP. AUG. 27.2006 (Print, Type, or Stamp Commissioned Name of Notary Public) NDBP CPUD Rezone Petition PUDA-2005-AR-8832 PROJECT #2005120050 DATE: 12/20/05 MICHAEL DERUNTZ Agenda Item No. 8B October 24, 2006 Page 49 of 156 Well, Ocean Boulevard Partnershio being first duly sworn, depose and say that well am/are the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not-be advertised until this application is deemed complete, and all required information has been submitted. As owner Well further authorize Q. Gradv Minor and Associates. P.A.. Roetzel and Andress and Collier Publishino Comoany dba Naoles Dailv News to act as ourlmy representative in any matters regarding this Petition. i~~ Signat of Owner P AtJl.. S. M P.rf.1 tI ELl. J Typed or Printed Name of Owner ~ The foregoing instrument was acknowledged before me this 7 rJ. day of Dt::"'t.CS'M ~ert ,2005, by P ~1.. ::S-. t--<P.~I tlil1..t.J who ~personallv known to me or has produced as identification. State of f=l..D t<1f)!J. County of (.oLi-J e7'L (j~4~ (Signature of Notary Public) CAROLYN A. SHAW . I.ti.~ CAAClLYN A. SHAW foi :-i MY COMMISSION' DO 215664 1i .... ../ EXPIRES: September 25, 2007 ScnlIed ThN McIary Nic Undo!wrler, (Print, Type, or Stamp Commissioned Name of Notary Public) ( Affidavit PUDA-2005-AR-8832 PROJECT #2005120050 DATE: 12120/05 MICHAEL DERUNTZ tit 4t - Agenda Item No. 8B October 24, 2006 Page 50 of 156 COVENANT OF UNIFIED CONTROL Creekside Commerce Park Property Owners Association, Inc. The undersigned do hereby swear or affirm that they are the fee simple titleholders and owners of record of property commonly known as Folio Number 29331190521 and 29331190660 - 1154 Immokalee Road (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for planned unit development (PUD) zoning. We hereby designate O. Gradv Minor and Associates. P.A.. Roetzel and Andress. and Collier Publishinl! Comnanv. Inc. dba Naples Dallv News legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms. conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the tenns, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought . 0 com iance i all terms, conditions and safeguards of the planned unit development. Owner Owner ]);(//{) ;:, LJtf)/4!)~~ I~" Printed Name STATEOF-8()t'~~ ~ COUNTY OF C (~r - 1 --.tom to (0' >flinn,d) ~ sub,onbed b,fore to, this ~ day of -1 tet&&bt r . 2005 by 0... U I d. ~ L jJ ~ 't'ho is personallv known to I1le or has produced ~fJ~ Printed Name as identification. (Serial Number, if any) (Name typed, printed or stamped)e OFFIOAL NOTARY SEAL LYNN OA VIOSON . NOTARY PUBUC STATE OF FLORIDA COMMISSION NO. 00143378 MY COMMISSION EXP. AUG. 27.2006 PUDA-2005-AR-8832 PROJECT #2005120050 DATE: 12120/05 MICHAEL DERUNTZ Agenda Item No. 88 October 24,2006 Page 51 of 156 . " ( Agenda Item No. 88 October 24,2006 Page 52 of 156 - NAPLES DAILY NEWS BPPUD LEGAL DESCRIPTION EXHIBIT A . A PARCEL OF LAND LOCATED IN. THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00038'43" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27"AlSO BEING THE EAST RIGHT-OF':WAY OF U.S. 41 FOR A DISTANCE OF 125.02 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD; THENCE RUN NORTH 44038'23" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 34.99 FEET; THENCE RUN SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT- OF-WAY FOR A DISTANCE OF 573.45 FEET; THENCE RUN SOUTH 86053'15" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 500.61 FEET; THENCE RUN SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT- OF-WAY FOR A DISTANCE OF 134.22 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 599.23 FEET;THENCE RUN SOUTH 00015'00" WEST FOR A DISTANCE OF 5.00 FEET; THENCE RUN SOUTH 89045'00" EAST FOR A DISTANCE OF 35.04 FEET; THENCE RUN NORTH 02033'13" WEST FOR A DISTANCE OF 5.01 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD; THENCE RUN SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 467.96 FEET TO THE NORTHEAST CORNER OF TRACT ilL 1" OF CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00007'39" EAST, ALONG THE EAST LINE OF SAID TRACT "L 1" FOR A DISTANCE OF 292.18 FEET TO THE SOUTHEAST CORNER OF SAID TRACT "L 1", ALSO BEING A POINT ON THE NORTH RIGHT-OF-WAY OF TRACT "R" OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE; THENCE RUN NORTH 89058'01" WEST, ALONG SAID NORTH RIGHT-OF-WAY FOR:ADISTANCE OF 456.64 FEET TO A POINT ON THE WEST BOUNDARY OF CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 02019'57" EAST, ALONG SAID WEST BOUNDARY FOR A DISTANCE OF 1,179.69 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF BENTGRASS BEND AT THE ESTATES AT BAY COLONY GOLF CLUB AS RECORDED IN PLAT BOOK 33 AT PAGES 54 THROUGH 56 OF THE PUBLIC - It Agenda Item No. 88 . October 24, 2006 Page 53 of 156 RECORDS OF COLLIER COU~TY,. FLORIDA; THENCE RUN NORTH . 72059'03" WEST, ALONG SAID NORTHERLY BOUNDARY FOR A DISTANCE OF 656.88 FEET; THENCE RUN SOUTH 77043'40" WEST, ALONG SAID NORTHERLY BOUNDARY FOR A DISTANCE OF 573.75 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID BENTGRASS BEND AT THE ESTATES AT BAY COLONY GOLF GLUB; THENCE RUN SOUTH 00039'12" EAST, ALONG SAID WESTERLY BOUNDARY FOR A DISTANCE OF 187.52 FEET; THENCE RUN SOUTH 68035'21" WEST, ALONG SAID WESTERLY BOUNDARY FORA DISTANCE OF 110.88 FEET; THENCE RUN SOUTH 57047'59" WEST, ALONG SAID WESTERLY BOUNDARY FOR A DISTANCE OF 46.92 FEET; THENCE RUN SOUTH 89020'45" WEST, ALONG SAID WESTERLY BOUNDARY FOR A DISTANCE OF 156 .34 FEET; THENCE RUN SOUTH 00039'15" EAST. ALONG SAID WESTERLY BOUNDARY FOR A DISTANCE OF 34.09 FEET TO A 'P.01NT ON A CIRCULAR CURVE CONCAVE SOUTHWEST, WHOSE RADIUS POINT BEARS SOUTH 06018'10" WEST, A DISTANCE OF 70.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY ALONG SAID WESTERLY BOUNDARY AND THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 38045'24", SUBTENDED BY A CHORD OF 46.45 FEET AT A BEARING OF SOUTH 64019'08" EAST, FOR A DISTANCE OF 47.35 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE WEST, WHOSE RADIUS POINT BEARS SOUTH 45003'34" WEST, A DISTANCE OF 197.21 FEET THEREFROM; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID ~ CURVE TO THE RIGHT, HAVING A RADIUS OF 197.21 FEET, THROUGH A CENTRAL ANGLE OF 75024'07", SUBTENDED BY A CHORD OF 241.20 FEET AT A BEARING OF SOUTH 07:014'Z3~'EAST, FOR A DISTANCE OF 259.53 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE EAST, WHOSE RADIUS POINT BEARS SOUTH 59032'19" EAST, A DISTANCE OF 130.00 FEET THEREFROM; THENCE RUN SOUTHERLY ALONG SAID WESTERLY BOUNDARY AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH A CENTRAL ANGLE OF 66043'37", SUBTENDED BY A CHORD OF 142.9.9 FEET AT A BEARING OF SOUTH 02054'08" EAST, FOR A DISTANCE OF 151.40 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN SOUTHERLY ALONG SAID WESTERLY BOUNDARY AND THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 98024'12", SUBTENDED BY A CHORD OF 105.98 FEET AT A BEARING OF SOUTH 12056'10" WEST, FOR A DISTANCE OF 120.22 FEET TO THE END OF SAID CURVE; THENCE RUN SQUTH62008'16" WEST, ALONG SAID WESTERLY BOUNDARY FOR A DISTANCE OF 75.07 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE EAST; THENCE RUN SOUTHERLY ALONG SAID WESTERLY BOUNDARY AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET; THROUGH A CENTRAL ANGLE OF 93006'13"; SUBTENDED BY A CHORD OF 43.56 FEET AT A BEARING OF SOUTH 1503S'09"WE:ST, FORA DISTANCE , OF 48.75 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH , Agenda Item No. 88 October 24,2006 Page 54 of 156 . ,:"-.~'. .. .~: -.... i , :.. ~ . E e . 30057158" EAST, ALONG SAID WESTERLY BOUNDARY FOR A DISTANCE OF 34.79 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST; THENCE RUN SOUTHEASTERLY ALONG SAID WESTERLY BOUNDARY AND THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 80.00 FEET; THROUGH A CENTRAL ANGLE OF 14016'42"; SUBTENDED BY A CHORD OF 19.88 FEET AT A BEARING OF SOUTH 23049'37" EAST, FOR A DISTANCE OF 19.94 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 84013'14" EAST, ALONG SAID WESTERLY BOUNDARY FORA DISTANCE OF 158.41 FEET; THENCE RUN SOUTH 80055'24" EAST FOR A DISTANCE OF 183.78 FEET; THENCE RUN SOUTH 81052'51" EAST FOR A DISTANCE OF 180.90 FEET; THENCE RUN SOUTH FOR A DISTANCE OF 261.28 FEET; THENCE RUN WEST FOR A DISTANCE OF 394.57 FEET;THENCE RUN NORTH FOR A DISTANCE OF 271.73 FEET; THENCE RUN NORTH 84013'14" WEST FORA DISTANCE OF . 120.32 FEET; THENCE RUN SOUTH 33005'40" WEST FOR A DISTANCE OF 54.13 FEET; THENCE RUN SOUTH 76056'51" WEST FOR A DISTANCE OF 89.04 FEET; THENCE RUN NORTH 58035'21" WEST FOR A DISTANCE OF 65.19 FEET; THENCE RUN NORTH 15031'55" WEST FOR A DISTANCE OF 74.80 FEET; THENCE RUN NORTH 00041'41" WEST FOR A DISTANCE OF 115.24 FEET; THENCE RUN NORTH 28022'47" EAST FOR A DISTANCE OF 171.51 FEET; THENCE RUN NORTH 17011'45" WEST FORA DISTANCE OF 106.79 FEET; THENCE RUN NORTH 13002'52" EAST FOR A DISTANCE OF 28.51 FEET; THENCE RUN NORTH 73036'14" WEST FOR A DISTANCE OF 54.78 FEET; THENCE RUN SOUTH 49~16'08"WEST FORA DISTANCE OF 112.78 FEET; THENCE RUN SOUTH .89047'08" WEST FOR A DISTANCE OF 53.08 FEET; THENCE RUN NOHTH S8000'49" WEST FOR A DISTANCE OF 50.49 FEET; THENCE RUN NORTH 00039'12" WEST FOR A DISTANCE OF 303.48 FEET; THENCE RUN NORTH 89020'45" EAST FOR A DISTANCE OF 341.45 FEET; THENCE RUN NORTH 00039'15" WEST FOR A DISTANCE OF 25:00 FEET; THENCE RUN NORTH 69014'15" EAST FOR A DISTANCE OF 258.29 FEET; THENCE RUN NORTH 13026'32" EAST FOR ADISTANCE OF 348.97 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTH, WHOSE RADIUS POINT BEARS NORTH 03017'21" EAST, A DISTANCE OF 936.00 FEET THEREFROM; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 936.00 FEET, THROUGH A CENTRAL ANGLE OF 06023114", SUBTENDED BY A CHORD OF 104.29 FEET AT A BEARING OF SOUTH 89~;54'16" EAST, FORA DISTANCE OF 104.34 FEET TO THE END OF SAIO:CURVE; THENCE RUN NORTH 86054'07" EAST FOR A DISTANCE OF ~5,,8.32 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET; THROUGH A CENTRAL ANGLE OF 86054'07"; SUBTENDED BY A CHORD OF 68.77 FEET AT A BEARING OF NORTH 43027'04" EAST, FOR A DISTANCE OF 75.84 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH FOR A DISTANCE OF 830.91 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTHWEST, V\fHOSE - - 'I ,,":.'. ;- Agenda Item No" 88 . October 24, 2006 Page 55 of 156 ~~. .; . RADIUS POINT BEARS NORTH, A DISTANCE OF 85.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 85.00 Ft:ET, THROUGH A CENTRAL ANGLE OF 90000'00", SUBTENDED BY A CHORD OF 120.21 FEET AT A BEARING OF NORTH 45000'00" EAST, FORA DISTANCE OF 133.52 FEETTO THE END OF SAID CURVE; THENCE RlJN NORTH FOR A DISTANCE OF 224.63 FEET TO THE POINT OF BEGINNING; CONTAINING 36.03 ACRES, MORE OR LESS. 6. ( . .-::~ - e -'- Agenda Item No. 88 October 24, 2006 Page 56 of 156 COVENANT OF UNIFIED CONTROL Ocean Boulevard Partnership II The undersigned do hereby swear or affinn that they are the fee simple titleholders and owners of record of property commonly known as Folio Number 00168040601. 00168040708 and 00168042803 -1200 Immokalee Road and 10500 Tamiami Trail North (Street address and City, State and Zip Code) auc:Uegally des~i.,; hhib-tf,.t\.a~f3recb.,-eID. The property descnoed herein is the subject of an application for planned unit development (PUD) zoning. We hereby designate O. Gradv Minor and Associates. P.A.. Roetzel and Andress. and Collier Publishine Comnanv. Inc. dba NavIes Dailv News legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. . 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the plann unit velopment and the Co ty y stop ongoing construction activity until the project is brought in c r terms, co . 0 d safeguards of the planned unit development. Owner f Au I.. :r M A-~ ilJ at. 1 Printed Name Printed Name STATE OF F="LOlLtO,4 ) COUNTY OF (0",,-, e?t- ) Sworn to (or affinned) and subscribed before me this 7 r:.A day of t>c=C-e""'(f.C'"YL . 2005 by PAul... 'S. H p..~ ..trFU., who is personally known to me or has produced as identification. ~U~~ NotaryP~K'ROLYN A. SHAW (Name typed, printed or stamped) (i):.t OAROLYN A. SHAW i : MY COMMISSION # DO 215664 . . EXPIRES: SepIllmb8r 25 2007 (Serial Number, if any "N 1landlld1lluNallryNllc~ PUDA-2005-AR-8832 PROJECT #2005120050 DATE: 12/20/05 MICHAEL DERUNTZ . Agenda Item No. 88 October 24, 2006 Page 57 of 156 NAPLES DAILY NEWS BPPUD LEGAL DESCRIPTION tit EXHIBIT A A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00038'43" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27,.ALSO BEING THE EAST RIGHT-OF':WAY OF U.S. 41 FOR A DISTANCE OF 125.02 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD; THENCE RUN NORTH 44038'23" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 34.99 FEET; THENCE RUN SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT- OF-WAY FOR A DISTANCE OF 573.45 FEET; THENCE RUN SOUTH 86053'15" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 500.61 FEET; THENCE RUN SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT- OF-WAY FOR A DISTANCE OF 134.22 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE t.. SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 599.23 FEET;THENCE RUN SOUTH OQo15'OOtf WEST FOR A DISTANCE OF 5.00 FEET; THENCE RUN SOUTH 89045'00" EAST FOR A DISTANCE OF 35.04 FEET; THENCE RUN NORTH 02033'13tfWEST FOR A DISTANCE OF 5.01 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD; THENCE RUN SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 467.96 FEET TO THE NORTHEAST CORNER OF TRACT "L 1" OF CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00007'39" EAST, ALONG THE EAST LINE OF SAID TRACT ilL 1" FOR A DI STANCE OF 292.18 FEET TO THE SOUTHEAST CORNER OF SAID TRACT "L 1'\ ALSO BEING A POINT ON THE NORTH RIGHT-OF-WAY OF TRACT "Rn OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE; THENCE RUN NORTH 89058'01" WEST, ALONG SAID NORTH RIGHT-OF-WAY FORA DISTANCE OF 456.64 FEET TO A POINT ON THE WEST BOUNDARY OF CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 02019'57" EAST, ALONG SAID WEST BOUNDARY FOR A DISTANCE OF 1,179.69 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF BENTGRASS BEND AT THE ESTATES AT BAY COLONY GOLF CLUB AS ( RECORDED iN PLAT BOOK 33 AT PAGES 54 THROUGH 56 OF THE PUBLIC e ~ -'- Agenda Item No. 8B October 24, 2006 Page 58 of 156 i' ,",. RECORDS OF COLLIER COUNTY,FLORIDA; THENCE RUN NORTH . 72059'03" WEST, ALONG SAID NORTHERLY BOUNDARY FOR A DISTANCE OF 656.88 FEET; THENCE RUN SOUTH 7r43'40" WEST, ALONG SAID NORTHERLY BOUNDARY FOR A DISTANCE OF 573.75 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID BENTGRASS BEND AT THE ESTATES AT BAY COLONY GOLF CLUB; THENCE RUN SOUTH 00039'12" EAST, ALONG SAID WESTERLY BOUNDARY FOR A DISTANCE OF 187.52 FEET; THENCE RUN SOUTH 68035'21" WEST, ALONG SAID WESTERLY BOUNDARY FOR A DISTANCE OF 110.88 FEET; THENCE RUN SOUTH 57047'59" WEST, ALONG SAID WESTERLY BOUNDARY FOR A DISTANCE OF 46.92 FEET; THENCE RUN SOUTH 89020'45" WEST, ALONG SAID WESTERLY BOUNDARY FORA DISTANCE OF 156.34 FEET; THENCE RUN SOUTH 00039'15" EAST, ALONG SAID WESTERLY BOUNDARY FOR A DISTANCE OF 34.09 FEET TGA'POINT ON A CIRCULAR CURVE CONCAVE SOUTHWEST, WHOSE RADIUS POINT BEARS SOUTH 06018'10" WEST, A DISTANCE OF 70.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY ALONG SAID WESTERLY BOUNDARY AND THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 38045'24", SUBTENDED BY A CHORD OF 46.45 FEET AT A BEARING OF SOUTH 64019'08" EAST, FOR A DISTANCE OF 47.35 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE WEST, WHOSE RADIUS POINT BEARS SOUTH 45003'34" WEST, A DISTANCE OF 197.21 FEET THEREFROM; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 197.21 FEET, THROUGH A CENTRAL ANGLE OF 75024'07", SUBTENDED BY A CHORD OF 241.20 FEET AT A BEARING OF SOUTH 07:c14'43~' EAST, FOR A DISTANCE OF 259.53 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE EAST, WHOSE RADIUS POINT BEARS SOUTH 59032'19" EAST, A DISTANCE OF 130.00 FEET THEREFROM; THENCE RUN SOUTHERLY ALONG SAID WESTERLY BOUNDARY AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH A CENTRAL ANGLE OF 66043'37", SUBTENDED BY A CHORD OF 142.9.9 FEET AT A BEARING OF SOUTH 02054'08" EAST, FOR A DISTANCE OF 151.40 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN SOUTHERLY ALONG SAID WESTERLY BOUNDARY AND THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 98024'12", SUBTENDED BY A CHORD OF 105.98 FEET AT A BEARING OF SOUTH 12056'10" WEST, FOR A DISTANCE OF 120.22 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 62008'16" WEST, ALONG SAID WESTERLY BOUNDARY FOR A DISTANCE OF 75.07 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE EAST; THENCE RUN SOUTHERLY ALONG SAID WESTERLY BOUNDARY AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET; THROUGH A CENTRAL ANGLE OF 93006'13"; SUBTENDED BY A CHORD OF 43.56 FEET AT A BEARING OF SOUrH 15035'09" WEST, FOR A DISTANCE OF 48.75 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH Agenda Item No. 8B . October 24, 2006 Page 59 of 156 ..; ~...-i,; : .; 30057'58" EAST, ALONG SAID WESTERLY BOUNDARY FOR A DISTANCE OF 34.79 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST; THENCE RUN SOUTHEASTERLY ALONG SAID WESTERLY BOUNDARY AND THE ARC OF SAID CURVE TO THE RIGHT , HAVING A RADIUS OF 80.00 FEET; THROUGH A CENTRAL ANGLE OF 14016'42"; SUBTENDED BY A CHORD OF 19.88 FEET AT A BEARING OF SOUTH 23049'37" EAST, FOR A DISTANCE OF 19.94 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 84013'14" EAST, ALONG SAID WESTERLY BOUNDARY FOR A DISTANCE OF 158.41 FEET; THENCE RUN SOUTH 80055'24" EAST FOR A DISTANCE OF 183.78 FEET; THENCE RUN SOUTH 81052'51" EAST FOR A DISTANCE OF 180.90 FEET; THENCE RUN SOUTH FOR A DISTANCE OF 261.28 FEET; THENCE RUN WEST FOR A DISTANCE OF 394.57 FEET; THENCE RUN NORTH FOR A DISTANCE OF 271.73 FEET; THENCE RUN NORTH 84013'14" WEST FOR A DISTANCE OF 120.32 FEET; THENCE RUN SOUTH 33005'40" WEST FOR A DISTANCE OF 54.13 FEET; THENCE RUN SOUTH 76056'51" WEST FOR A DISTANCE OF 89.04 FEET; THENCE RUN NORTH 58035'21" WEST FOR A DISTANCE OF 65.19 FEET; THENCE RUN NORTH 15031'55" WEST FOR A DISTANCE OF 74.80 FEET; THENCE RUN NORTH 00041'41" WEST FOR A DISTANCE OF 115.24 FEET; THENCE RUN NORTH 28022'47" EAST FOR A DISTANCE OF 171.51 FEET; THENCE RUN NORTH 17011'45" WEST FOR A DISTANCE OF 106.79 FEET; THENCE RUN NORTH 13002'52" EAST FORA DISTANCE OF 28.51 FEET; THENCE RUN NORTH 73036'14" WEST FOR A DISTANCE OF 54.78 FEET; THENCE RUN SOUTH 4.9016'08" WEST FOR A DISTANCE OF 112.78 FEET; THENCE RUN SOUTH 89047'08" WEST FOR A DISTANCE OF 53.08 FEET; THENCE RUN NORTH 58000'49" WEST FOR A DISTANCE OF 50.49 FEET; THENCE RUN NORTH 00039'12" WEST FOR A DISTANCE OF 303.48 FEET; THENCE RUN NORTH 89020'45" EAST FORA DISTANCE OF 341.45 FEET; THENCE RUN NORTH 00039'15" WEST FOR A DISTANCE OF 25.00 FEET; THENCE RUN NORTH 69014'15" EAST FORA DISTANCE OF 258.29 FEET; THENCE RUN NORTH 13026'32" EAST FORA DISTANCE OF 348.97 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTH, WHOSE RADIUS POINT BEARS NORTH 03017'21" EAST, A DISTANCE OF 936.00 FEET THEREFROM; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 936.00 FEET, THROUGH A CENTRAL ANGLE OF 06023'14", SUBTENDED BY A CHORD OF 104.29 FEET AT A BEARING OF SOUTH 89~54'16" EAST, FOR A DISTANCE OF 1 04.34 FEET TO THE END Of SAIPCURVE; THENCE RUN NORTH 86054'07" EAST FOR A DISTANCE OF 258.32 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET; THROUGH A CENTRAL ANGLE OF 86054'07"; SUBTENDED BY A CHORD OF 68.77 FEET AT A BEARING OF NORTH 43027'04" EAST, FOR A DISTANCE OF 75.84 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH FOR A DISTANCE OF 830.91 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTHWEST, WHOSE . - t.. ( .--: . Agenda Item No. 88 October 24,2006 Page 60 of 156 , , \~. -...'~..: e RADIUS POINT BEARS NORTH, A DISTANCE OF 85.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 85.00 FEET, THROUGH A CENTRAL ANGLE OF 90000'00", SUBTENDED BY A CHORD OF 120.21 FEET AT A BEARING OF NORTH 45000'00" EAST, FOR A DISTANCE OF 133.52 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH FOR A DISTANCE OF 224.63 FEET TO THE POINT OF BEGINNING; CONTAINING 36.03 ACRES, MORE OR LESS. ~ - Agenda Item No. 8B October 24, 2006 Page 61 of 156 . " ~ - .t -~ REV. 2 Agenda Item No. 88 October 24, 2006 V Page62~ anasse -.- Daylor ~ Project 80938.01 April 3, 2006 PUDA-2005-AR-8832 PROJECT #2005120050 DATE: 4/21/06 MICHAEL DERUNTZ Mr. Nick Casalanguida Collier County Transportation Planning Manager 2885 South Horseshoe Dr. Naples, FL 34104 Urban Planning Landscape Architecture Civil Engineering Traffic Engineering RE: Creekside PUD Fl Lie. lC0000366 Dear Nick: The Creekside West PUD (#97-51) is in the PUD amendment process. Essentially, this PUD amendment consists of removing an existing lake in the northwest portion of the PUD. This action will do nothing to the traffic impacts of the project. As of the December 2005 PUD Monitoring Report, the following uses and square footages are proposed and/or have been constructed. Land Use Office Retail Industrial Com leted to Date S 32,506 SF OSF 260,850 SF It is our professional opinion that removing the 2.0:!: acre area from the PUD will have no impact on the project from what has been approved traffic-wise. The traffic impacts have already been accounted for in previous applications/TIS's and this amendment doesn't affect the impacts. In addition, the traffic impacts for future buildings will be directly reviewed as each SDP within the project goes through the process. Therefore, we request a waiver to the Traffic Impact Statement requirements of this PUD amendment. I trust this infonnation is adequate for your needs, but if you have any questions or comments, please do not hesitate to contact me. REC~aVED APR G 5 2005 Q. Gr;?,!J;f C: Wayne Arnold (Q. Grady Minor) Dave Borden (Barron Collier Company) & /~8cack:~'~'::;;3, r..' 1.1Pi'tifeds\809lS0938\ Traflic\8093/lL TROt. 04D306.tJoc 12730 New Brittany Boulevard. Suite 600, Fort Myers. Florida 33907 T 239."137.460 I F 239.437.4636 w vanday.com Agenda Item No. 88 October 24, 2006 Page 63 of 156 e 6. (- . ~ -- Agenda Item No. 88 October 24, 2006 Page 64 of 156 COVENANT OF UNIFIED CONTROL Creekside Commerce Park property Owoers Association, Ioe. The undersigned do hereby swear or affinn that they are the fee simple titleholders and owners of record of property commonly known as Folio Number 29331190660 and 23991190521-1154 Immokalee Road (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for planned unit development (PUD) zoning. We hereby designate O. Gradv Minor and Associates. P.A. aod Roetzel aod Andress legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all tenns, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions. or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned' unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the pI ned un' development and the County may stop ongoing construction activity until the project is brought nto m ce w'th terms, conditions and safeguards ofthe planned unit development. Owner David K. Borden. President Printed Name Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) j Swo~ to (0< affinned) ",d ,u,",cribed befolC me th~ d,y of ~ 21)06 by 0.0 I cl r. ~4 tJ t ~ who is personally known to me or has produced as identification. OFFICIAL NOTARY SEAL LYNN DAVIDSON rNOTA..~Y PUBlJCSTATE OF FLORIDA COMMISSION NO. 00143378 MY COMMISSION EXP. AUG. 27.2006 (Serial Number, if any) Agenda Item No. 8B . October 24, 2006 Page 65 of 156 ttt OR: 3250 PG: 1911 ttt EXHIBIT "A" ALL OF TRACTS R. L1 AND L2. CREEKSIDE COMMERCE pARJ( UNIT ONE. ACCORDING TO THE PLAT THEREOF AT PLAT BOOK 29. PAGB 57. OF THE PUBLIC RECORDS OF COLLIER COUHTr, FLORIDA. AND ALL OF TRACTS R. 02 I.ND 03. CREEKSIDE COMMERCE PARK UNIT TWO. ACCORDING TO THB PLAT THEREOF AT PLAT BOOK 35, PAGE 43, OF THE PUBLIC RECORDS OF COt.LIBR COUNTY, PLORIDA. '1\u:..u\dhc'\dI'It\cr..lI.ide C~ PlI'.'Qult. Cl.... ~ to A..weKiati_ "'1~lt a. wit.hout 0.",. e Agenda Item No. 88 October 24, 2006 Page 66 of 156 ~'''';J..~~~-i''';oa"~- (<~,,;,,". -.,~' ~;"'~:7~i'j.J;.F", :r.;l,~~"~~~f~"I" 'l~'r:'''''''O;:,''"<":"1'r~x''' 1:VV~~~~~~z'Pl"'Z~IlKr~A~I~mp"."'.~~-';'I~~~ ~ ~..-: ~;f' "'1':f,"~ .l\~"!,,,:~l',,~ ," ,~:r t~""t.';,:'~.l"'Mf:L" .:.... :r..... ''''J[j> ',1: '-...\,~~j\ !..." ~,'T ),!11:~;.~1'r) l ~ ,~. ,:..(;, ~"I" .i.. :;.. ~.'.'~' ,-;ti' ~ k."~~i' ,+..~ .::: '" 1 ;.., "<li .;~~t!:;'~ ",;. ~y 'I..J. .i ;: ." ,"~ " l J ,{,h~",,'; !~;.,., ?1:J~. ~:- I' . '" '~r~to.-1' -t. .. ,. "'~':" '., <"", X:>t,,~""~,,~ '>"'''':''''1 t~-j.l-I!'r.o!"'''f ,.....".,.., ,"::;".. . 'f,-"..t~ ,\.>>:~ iliJ,.,''','' ,:~.':~'" '*''',~ oc~"''''~'''t",,~ l"'" l*,...:'tt;;~~i1,:;::...~"'~,.:.lll.,h :;'J~U~'itK..~{...i!lliii~.,,, j ? _.:'1't/l.'~A\' 'C:'*~<<:'-"~~' ''''''Stb ,1,." .v:..illt.~" ~_~ .~~.J . _ t.",,-r t<;'j~~<t-'" :tf~~,...... _. ...... . i....~~ Creekside Commerce Park PUD Amendment Well, Creekside Commerce Park Property Owners Association. Inc. being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of ~his application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize Q. Grady Minor and Associates. P.A. and Roetzel and Andress. L.P.A. to act as our/my representative in any matters · 01;;. / Signature of Property Owner Signature of Property Owner -- Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrume~ was.ackno~ledged before me this J-lJa. day of jA.Ct.[~___, 2006, by -JJa.ili..d.l.1.j:M-,i~___who is personally known to me or has produced _______-=-________________as identification. State of Florida County of Collier Sign ure of Notary Public - State of Florida) n l.~nIIl~ (Print, Type, or Stamp Commissioned Name of Notary Public) OFFICIAL NOTARY SEAL LYNN [)A VIDSON NOTARY PUBUC Sf ATE OF FLORIDA COMMISSION NO. 00143378 MY COMMISSION EXP. AUG. 27,2006 Agenda Item No. 8B . October 24, 2006 Page 67 of 156 e OFFICERS I DIRECTORS 05/05/05 CREEKSIDE COMMERCE PARK PROPERTY OWNERS' ASSOCIATION INC PfO SfT 10 V/D D David K Borden Bradley A Boaz Thomas L Treadwell Jr Paul J Marinell1 ~ r e e - e ""~'~"~I l~\''''~.. ~.A.t:l ',/".....cjo;~.. "',~rllf~.\' Agenda Item No. 88 October 24,2006 Page 68 of 156 AFFIDAVIT OF COMPUANCE I hereby certify that pursuant to Ordinance 01-60, of the Collier County Land Development Code, I did give notice by mail to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes at their current address as shown by the records of the Collier County Property Appraiser of an application request for a rezoning, PUD amendment, conditional use, variance, or parking exemption, at least ten days prior to the scheduled Neighborhood Information Meeting. The said notice contained the laymen's description of the site property of proposed change and the time and place of a Neighborhood Information Meeting. this Per attached letters and or property owner's list, which are hereby made a part of Affidavit of Compliance .fhtdl C~ State of Florida County of Collier The foregoing Affidavit of Compliance was acknowledged before me this -.M 11+ day of I\PC4 \ ,2~bY ~eof\.} l ~(Jc~oo<2. who is personally known to me or who has produced as identification. CP~z /n.L (Signature of Notary Public) PAMELA M. CASE MY COMMISSION # DO 393588 EXPIRES: May 24, 2009 s""..ded i111lJ NOllIry Public UncIo_~ fJ f}H E2/J 11, c. fl[;e (print name of Notary Public) NOTARY PUBUC Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers. Land Surveyors. Planners. Landscape Architects Agenda Item No. 88 October 24, 2006 Page 69 of 156 MARK W. MINOR. P.E. NORMAN J. TREBILCOCK, Al.C.P., P.E. C. DEAN SMITH. P.E. DAVID W. SCHMITI', P.E. MICHAELJ. DELAra P.E. MICHAEL T. HERRERA, P.E. WILSON A. GARCIA, P.E. DAVIDA. HYYTI, P.E. D. WAYNE ARNOLD, A... ROBERT "BOB" THINNES, AM. STEPHEN V. BURGESS, P.S.M. JUAN A. ARAQUE, P S.M. I<ENNETIi W. P AHUTSKI ALAN V. ROSEMAN :JEFFREY S. CURL, ASLA, RLA IVY WYLIE, P.E. April 24, 2006 RE: Creekside Commerce Park PUD, PUDA-2005-AR-8832 Dear Property Owner: Please be advised that Creekside Commerce Park Property Owners Association, Inc., owner, represented by D. Wayne Arnold, AICP of Q Grady Minor and Associates, PA and R. Bruce Anderson, Esq. of Roetzel and Andress have made a formal application to Collier County to request a Planned Unit Development (PUD) Amendment. The subject property, consisting of 108:1: acres, is located on Immokalee Road approximately 0.2 miles from the intersection of Immokalee Road and Tamiami Trail (U.S. 41), in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The request proposes to amend the Creekside Commerce Park PUD by reducing the project acreage by approximately 2 acres and incorporate this acreage into a new Business Park PUD (BPPUD). This is a companion item to PUDZ-2005-AR- 8833. ~ In order to provide you an opportunity to become fully aware of our intention to develop the described property as indicated above and to give you an opportunity to provide comment regarding the development intended, we are holding a Neighborhood Information Meeting on May 10th, 2006, 5:30 P.M. at Saint John the Evangelist Catholic Church Ballroom located at 62e;.111th Avenue North, Naples, FL 34108. At this meeting, we will share with you the conceptual development plans for the property. Sincerely, ~ ~ ~,~~ D. Wayne Arnold, AICP ( (239) 947-1144. FAX (239) 947-0375. Web Site: www.gradyminor.com 3800 Via Del Rey . Bonita Springs, Florida 34134-7569 EB 0005151 . LB 0005151 . LC 26000266 . . 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'" co a: ~ z <( u ::l :f d\:..r Agenda Item No. 8B October 24,2006 Page 76 of 156 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 ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FOR A PROJECT KNOWN AS CREEKSIDE COMMERCE PARK FROM PUD TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR A PROJECT TO BE KNOWN AS CREEKSIDE COMMERCE PARK CPUD LOCATED, IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 105 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 06-41, AS AMENDED, THE FORMER CREEKSIDE COMMERCE PARK PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold of Q Grady Minor, representing Creekside West, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described rea] property, known as petition PUDA-2005-AR-8832; NOW, THEREFORE, BE IT ORDAII\ED BY the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 48 South, Range 25 East, Collier County, F]orida, is changed from "PUD" to "CPUD" Commercia] Planned Unit Development in accordance with the CPUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-4], as amended, the Collier County Land Deve]opment Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 06-41, as amended, known as the Creekside Commerce Park PUD, adopted on October 21, 1997, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. PUDA-2005-AR-8832MJD'sp Page 1 of 2 Agenda Item No. 88 October 24, 2006 Page 77 of 156 SECTION THREE: This Ordinance shall become effective upon approval of PUDZ-2005-AR-8833 Naples Daily News BPPUD and filing with the Florida Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this _ day of ,2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency Marjorie M. Student-Stirling Assistant County Attorney PUDA .2005 -AR -88 3 2!MJD/sp PUDA -2005-AR -8 83 2!MJD' sp Page 2 of 2 Agenda Item No. 88 October 24, 2006 Page 78 of 156 CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT PREPARED FOR BARRON COLLIER PARTNERSHIP CREEKSIDE COMMERCE PARK Amended PUD (clean).DOC A PLANNED UNIT DEVELOPMENT 1 06::!: Acres Located in Section 27 Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: BARRON COLLIER PARTNERSHIP 2640 Golden Gate Parkway Naples, FL 34105 PREPARED BY: WILSON, MILLER, BARTON & PEEK, INC. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 YOUNG, VAN ASSENDERP & VARNADOE, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34101 AMENDED DECEMBER 2005 BY: Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 Via Del Rey Bonita Spring, Florida 34134 ROETZEL AND ANDRESS, L.P.A. 850 Park Shore Drive, 3rd Floor Naples, Florida 34103 Agenda Item No. 88 October 24, 2006 Page 79 of 156 Agenda Item No. 88 October 24,2006 Page 80 of 156 T ABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE 11 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION 1-1 SECTION II COMMERCE PARK DEVELOPMENT 2-1 2.1 Purpose 2.2 General Description Of The Park and Proposed Land Uses 2.3 Compliance With County Ordinances 2.4 Community Development District 2.5 Land Uses 2.6 Lake Siting 2.7 Fill Storage 2.8 Use Of Right-Of-Way 2.9 Sales Office and Construction Office 2.10 Changes and Amendments To PUD Document Or PUD Master Plan 2.11 Preliminary Subdivision Plat Phasing 2.12 Open Space and Native Vegetation Retention Requirements 2.13 Surface Water Management 2.14 Environmental 2.15 Utilities 2.16 Transportation 2.17 COlmnon Area Maintenance 2.18 Design Guidelines and Standards 2.19 Landscape Buffers, Benns, Fences and Walls 2.20 Signage 2.21 General Pennitted Uses SECTION III INDUSTRIAL/COMMERCE DISTRICT 3-1 SECTION IV BUSINESS DISTRICT 4-1 SECTION V PRESERVE AREA 5-1 EXHIBIT A AERIAL PHOTOGRAPH, LOCATION MAP (WMB&P File No. RZ-255A) EXHIBIT B CREEKSIDE COMMERCE PARK MASTER PLAN (WMB&P File No. RZ-255B) Amended PUD (clean).DOC Agenda Item No. 88 October 24, 2006 Page 81 of 156 STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the Barron Collier Partnership, hereinafter referred to as Barron Collier or the Developer, to create a Planned Unit Development (PUD) on 106:1: acres of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Creekside Commerce Park. The development of Creekside Commerce Park will be in substantial compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Mixed Use District as identified on the Future Land Use Map which allows certain industrial and commercial uses. The Urban designation also allows support medical facilities, offices, clinics, treatment, research and rehabilitative centers and pharmacies provided they are located within 1/4 mile of the property boundary of an existing or approved hospital or medical center. 2. The existing Industrial zoning is considered consistent with the Future Land Use Element (FLUE) as provided for by Policy 5.9 and 5.11 of the FLUE. 3. The FLUE Urban-Industrial District allows for expansion of the industrial land use provided the rezone is in the form of a PUD, the site is adjacent to existing land designated or zoned industrial the land use is compatible with adjacent land uses and the necessary infrastructure is provided or in place. Creekside Commerce Park has expanded the industrial land use accordingly. 4. The FLUE Urban-Industrial District requires the uses along the boundaries of the project to be transitional. Creekside Commerce Park has included transitional uses accordingly. 5. Creekside Commerce Park is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 6. Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 7. The development of Creekside Commerce Park will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the FLUE. 8. Creekside Conunerce Park is a master planned, deed-restricted commerce park and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC), Planned Unit Development District. 9. This master planned park will incorporate elements from the existing Industrial, Business Park and Industrial PUD sections of the LDC. Amended PUD (clean).DOC 11 Agenda Item No. 88 October 24, 2006 Page 82 of 156 SHORT TITLE This ordinance shall be known and cited as the "CREEKSIDE COMMERCE PARK PLANNED UNIT DEVELOPMENT ORDINANCE". Amended PUD (c1ean).DOC 111 Agenda Item No. 8B October 24, 2006 Page 83 of 156 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Creekside Commerce Park, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; COMMENCING at the northwest comer of said Section 27; thence along the north line of said Section 27 South 89045'21" East 1869.61 feet; thence leaving said line South 00014'39" West 125.00 feet to a point on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING ofthe parcel herein described; thence along said right of way line in the following Six (6) described courses; 1) South 89045'21" East 485.99 feet; 2) South 00014'39" West 10.00 feet; 3) South 89045'21" East 150.19 feet; 4) South 89048'33" East 716.81 feet; 5) North 05034'33" West 10.05 feet; 6) South 89048'33" East 486.21 feet to a point on the west right of way line of Goodlette Road as recorded in Plat Book 3, page 58, Public Records of Collier County, Florida; thence along said line South 05033 '48" East 1767.02 feet; thence leaving said line South 89020'53" West 51.18 feet; thence North 23055'53" West 13.07 feet; thence northwesterly, 30.71 feet along the arc ofa circular curve concave to the northeast, having a radius of 80.00 feet, through a central angle of 21 059'52" and being subtended by a chord which bears North 12055'57" West 30.53 feet; thence North 05000'53" West 31.56 feet; thence North 36019'20" West 32.02 feet; thence North 56004'35" West 35.11 feet; thence North 80039' 15" West 32.53 feet; thence North 88039' 12" West 97.78 feet; thence North 86004'40" West 45.79 feet; thence North 89049'48" West 132.77 feet; thence North 69040' 10" West 37.23 feet; thence South 89020'53" West 142.47 feet; thence South 84059'26" West 24.66 feet; thence South 74056'50" West 121.32 feet; thence South 79049'59" West 45.93 feet; thence westerly and northwesterly, 45.51 feet along the arc of a circular curve concave to the northeast, having a radius of 66.00 feet, through a central angle of 39030' 16" and being subtended by a chord which bears North 80024'53" West 44.61 feet to a point of compound curvature; thence northwesterly, 52.92 feet along the arc of a circular curve concave to the southwest, having a radius of 150.00 feet, through a central angle of20012'57" and being subtended by a chord which bears North 70046'13" West 52.65 feet; thence North 80052'42" West 36.59 feet; Amended PUD (c1ean).DOC 1-1 8/22/2006 Agenda Item No. 8B October 24,2006 Page 84 of 156 thence westerly and southwesterly, 46.18 feet along the arc of a circular curve concave to the southeast, having a radius of 80.00 feet, through a central angle of33004' 14" and being subtended by a chord which bears South 82035' 11 " West 45.54 feet to a point of compound curvature; thence southwesterly and westerly, 38.16 feet along the arc of a circular curve concave to the northwest, having a radius of 60.00 feet, through a central angle of36026'19" and being subtended by a chord which bears South 84016'14" West 37.52 feet to a point of compound curvature; thence westerly and northwesterly, 68.85 feet along the arc of a circular curve concave to the southwest, having a radius of 305.00 feet, through a central angle of 12055' 59" and being subtended by a chord which bears North 83058'36" West 68.70 feet; thence South 89033'25" West 18.36 feet; thence South 89039'19" West 71.63 feet; thence North 89034'56" West 36.03 feet; thence South 86006' 41 " West 42.94 feet; thence South 83044' 16" West 26.23 feet; thence South 51001 '13" West 27.49 feet; thence South 33025'50" West 19.95 feet; thence South 15040'05" West 20.54 feet; thence South 10054'39" West 34.64 feet; thence South 89020'14" West 101.06 feet; thence North 10046'06" East 101.42 feet; thence North 89020'53" East 65.45 feet; thence North 00039'07" West 100.64 feet; thence South 89020'53" West 503.78 feet; thence North 00039'07" West 27.71 feet; thence North 72058'55" West 131.30 feet; thence North 02008'56" West 1473.29 feet to a point on the south right of way line of said Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; Containing 69.48 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89049'40" East. All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; Commencing at the northeast comer of said Section 27; thence along the east line of said Section 27, South 01009'43" East 125.00 feet to a point on the south right of way line ofImmokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; thence continue along said east line South 01009'43" East 1189.62 feet; thence leaving said line South 89048'50" West 677.35 feet; thence South 05035'39" East 886.02 feet; thence South 89048'50" West 400.00 feet to a point on the easterly right of way line of Goodlette Frank Road as Recorded in Plat Book 13, page 58, Public records of Collier County, Florida; thence along said line North 05035'39" West 2088.10 feet to a point of the south right of way line of said Immokalee Road (S.R. 846); thence along said line South 89049' 40" East 1168.55 feet; thence continue along said line South 89012'58" East 1.85 feet to the POINT OF BEGINNING of the parcel herein described; Containing 38.9 acres more or less; Subject to easements and restrictions ofrecord. Bearings are assumed and based on the n0l1h line of said Section 27 being South 89046'26" East. Amended PUD (clean)'oOC 1-2 8/22/2006 Agenda Item No. 8B October 24, 2006 Page 85 of 156 LESS A PORTION OF TRACTS "R" AND 'ILl" CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWESTERL YMOST CORNER OF TRACT "R" (CREEKSIDE WAY) CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89045'00" EAST, ALONG THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH 00025'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60002'56" EAST FOR A DISTANCE OF 117.20 FEET; THENCE RUN SOUTH 82032'14" EAST FOR A DISTANCE OF 119.17 FEET TO A POINT ON THE EAST LINE OF TRACT 'ILl" OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE, ALSO BEING THE WES LINE OF LOT 3 OF SAID CREEKSIDE COMMERCE PARK WEST -UNIT ONE; THENCE RUN SOUTH 00007'39" EAST, ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 89058'01" WEST, ALONG SAID NORTH RIGHT-OF-WAY FOR A DISTANCE OF 456.64 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 02019'57" WEST, ALONG SAID WEST RIGHT-OF-WAY FOR A DISTANCE OF 294.20 FEET TO THE POINT OF BEGINNING; CONTAINING 2.32 ACRES, MORE OR LESS. 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of Barron Collier Partnership, or its assigns, whose address is 2640 Golden Gate Parkway, Naples, FL 34105. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 25 East, and is generally bordered on the west by Agriculturally zoned and developed property; on the north, across lmmokalee Road by office and medical (North Collier Hospital) PUD zoned and developed property; on the east by Medical Office Park currently under development, County Park and County Wastewater Treatment Facility; and on the south by PUD and County Wastewater Treatment Facility. The location of the site is shown on Exhibit A Aerial Photograph, Location Map. B. The zoning classification of the subject property at the time of PUD application is I (Industrial) and A (Agricultural). C. Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm Map Panels No. 1200670193D, dated June 3, 1986, the Creekside Commerce Park property is located within Zones "AE-II" of the FEMA flood insurance rate. Topographic mapping is shown on Exhibit G. Amended PUD (clean).DOC 1.3 8/22/2006 Agenda Item No. 8B October 24, 2006 Page 86 of 156 D. The soil types on the site generally include Riviera limestone substratum, Copeland fine sand, Pineda fine sand, Imrnokalee fine sand, Myakka fine sand, Basinger fine sand, Riveria fine sand, Ft. Drum and Malabar fme sand, and Satellite fine sand Soil Conservation Service mapping of soil types is shown on Exhibit D. E. Prior to development, vegetation on the site primarily consists of active croplands and small amounts of pine flatwoods. An isolated wetland system is located along the south side of Immokalee Road west of Goodlette-Frank Road. This wetland consists primarily of Brazilian pepper that surrounds a small willow area. The wetland on the east side of Goodlette-Frank Road consists primarily of cabbage palms. A portion of the historic water course within this wetland has been channelized. Brazilian pepper has infested the northern part of this wetland. A detailed vegetation mapping is shown on Exhibit C. F. The project site is located within the Pine Ridge Canal and West Branch Cocohatchee River sub-basins, as depicted within the Collier County Drainage Atlas (July, 1995). The Conceptual Stormwater Management Master Plan is shown on Exhibit H. 1.5 DEVELOPMENT OF REGIONAL IMPACT Creekside Commerce Park does not meet the minimum thresholds for a Development of Regional Impact (DRI), pursuant to Chapter 380.06, Florida Statutes, 1997, in that it is at or below 80% of all numerical thresholds in the guidelines and standards set forth therein. Amended PUD (clean).DOC 1-4 8/22/2006 Agenda Item No. 88 October 24, 2006 Page 87 of 156 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The pmpose of this Section is to generally describe the plan of development for Creekside Commerce Park (park), and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF THE PARK AND PROPOSED LAND USES A. Creekside Commerce Park will consist of predominately industrial, warehouse, wholesale, financial institutions, business and office uses, with limited amounts of retail uses. Creekside Commerce Park shall establish project-wide guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. B. The Master Plan is illustrated graphically on Exhibit B (WMB&P, Inc. File No. RZ- 225B). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2. of the Collier County Land Development Code (LDC). 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Creekside Commerce Park shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are in effect at the time of issuance of any development order. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is othefW'ise applicable shall apply to which said regulations relate. B. Unless othefW'ise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. D. All conditions imposed herein or as represented on the Creekside Commerce Park Master Plan are part of the regulations which govern the manner in which the land may be developed. Amended PUD (clean).DOC 2-1 8/22/2006 Agenda Item No. 8B October 24,2006 Page 88 of 156 E. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Creekside Commerce Park, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. F. The Developer shall submit to the County an annual PUD monitoring report in accordance with LDC Section 2.7.3.6. 2.4 COMMUNITY DEVELOPMENT DISTRICT A. The Developer may elect to establish a Community Development District (CDD) pursuant to Chapter 190, Florida Statutes, 1997, to provide and maintain infrastructure and community facilities needed to serve the park. A CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Creekside Commerce Park. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.5 LAND USES A. The location of land uses are shown on the PUD Master Plan, Exhibit B. Changes and variations in building tracts, location and acreage of these uses shall be permitted at preliminary subdivision plat approval, preliminary site development plan approval and final site development plan approval to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of site development plan approval. B. Roads and other infrastructure may be either public, private or a combination of public and private, depending on location, design and purpose. The request for a road to be public shall be made by the Developer at the time of final subdivision plat approval. The Developer or its assignees shall be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of the County Code regulating subdivisions, unless otherwise approved during subdivision approval. The Developer reserves the right Amended PUD (clean).DOC 2-2 8/22/2006 Agenda Item No. 8B October 24, 2006 Page 89 of 156 to request substitutions to Code design standards in accordance with Section 3.2.7.2. of the LDC. 2.6 LAKE SITING A. As depicted on the PUD Master Plan, lakes have been preliminary sited. The goal of this Master Plan is to achieve and overall aesthetic character for the park, to permit optimum use of the land, and to increase the efficiency of the water management network. Fill material from lakes is planned to be utilized within the park; however, excess fill material may be utilized off-site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the applicant wishes to take more off-site, a commercial excavation permit will be required. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7. of the LDC. 1. Setbacks: Excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, subject to approval of County staff at time of final construction plan approval: a) Twenty feet (20') from right-of-way of internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and need for barriers. b) Forty feet (40') from Immokalee Road or Goodlette-Frank Road rights-of-way. Perimeter property lines will have a setback of twenty feet (20'). The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections and need for barriers. 2.7 FILL STORAGE A. Fill storage is generally permitted as a principal use throughout the Creekside Commerce Park PUD. Fill material generated from properties owned or leased by the Developer may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the Developer shall notify the Community Development and Environmental Services Administrator per Section 3.2.8.3.6. of the LDC. The following standards shall apply: 1. Stockpile maximum height: Thirty-five feet (35') 2. Fill storage areas in excess of five feet (5') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). Amended PUD (c1ean).DOC 2-3 8/22/2006 Agenda Item No. 8B October 24, 2006 Page 90 of 156 a) Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.8 USE OF RIGHTS-OF-WAY Utilization of lands within all park rights-of-way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Community Development and Environmental Services Administrator for engineering and safety considerations during the development review process. 2.9 SALES OFFICE AND CONSTRUCTION OFFICE Sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout Creekside Commerce Park. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4., Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the temporary use permit shall be valid through the life of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 100-6 and may use potable water or irrigation wells. 2.10 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN A. Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refmements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. B. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Creekside Commerce Park Master Plan upon written request of the Developer or his assignee. C. The following limitations shall apply to such requests: 1) The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Creekside Commerce Park PUD document. 2) The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3) The minor change or refinement shall be compatible with external adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. D. The following shall be deemed minor changes or refinements: Amended PUD (clean).DOC 2-4 8/22/2006 Agenda Item No. 88 October 24,2006 Page 91 of 156 1) Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2) Internal realignment of rights-of-ways. 3) Reconfiguration of parcels per Section 5.5 ofthis PUD. E. Minor changes and refmements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refmements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. F. Approval by the Community Development and Environmental Services Administrator of a minor change or refmement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the park may be accomplished in phases to correspond with the planned development of the property. 2.12 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The PUD will fully comply with all sections of the LDC and meet the requirements of the Growth Management Plan relating to open space and retention of native vegetation. Amended PUD (clean).DOC 2-5 8/22/2006 Agenda Item No. 88 October 24,2006 Page 92 of 156 2.13 SURFACE WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 4-E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. The lake originally approved as Lake L- 1, Creekside Unit I Plat, shall continue to be operated and maintained in accordance with the approved plat and approved South Florida Water Management District Permit. 2.14 ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permitting (ERP) Rules, and shall further be subject to review and approval by Collier County Planning Services Department Environmental Review Staff. 2.15 UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. 2.16 TRANSPORTATION A. The Developer shall provide appropriate left and/or right turn lanes on Immokalee Road and Goodlette-Frank Road at the main park entrances. Such turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for a use that utilizes the perspective/associated entrance. B. There shall be a full access intersection at the park's southern entrance on Goodlette Frank Road. When justified by traffic warrants, this intersection shall be signalized, notwithstanding its proximity to lmmokalee Road. C. Future access points to Immokalee and Goodlette-Frank Roads are those shown on the Creekside Commerce Park Master Plan. D. Arterial level street lighting shall be provided by the Developer at the park's main entrance in conjunction with the development of this entrance. E. Road impact fees shall be paid in accordance with the provisions of Ordinance 92-22, as amended. F. The Developer shall provide the appropriate easements or reserve right of way so that the southerly access road west of Goodlette Frank Road may be interconnected to the properties to the west of Creekside Commerce Park. Amended PUD (clean).DOC 2-6 8/22/2006 Agenda Item No. 88 October 24,2006 Page 93 of 156 G. The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any project access when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. H. The Developer agrees to complete construction of the segment of internal roadway that connects Goodlette-Frank Road to the VC parcel (herein called "southern parcel") that is west of Goodlette Road and abuts Pelican Marsh prior to the first of the following to occur: 1) The issuance of a certificate of occupancy for the "southern parcel"; 2) The issuance of a certificate of occupancy on the second business parcel to be developed west of the Pine Ridge Drainage Easement; 3) Within 3 years of approval of this PUD; or 4) Within 9 months of obtaining "grant" money or other funds for construction of such infrastructure from an outside source. 1. The IIC parcels west of the Pine Ridge Drainage Easement and immediately north of the south road shall connect for service and employee access at the time that the south road is extended to a point that they may connect. 1. The Developer agrees to provide the County with an update of the Transportation Impact Statement (TIS) at the time of submittal of a Preliminary Subdivision Plat or Site Development Plan. K. The Goodlette-Frank Road southernmost access to the IIC parcel east of Goodlette-Frank Road shall be limited to a right-inlright-out access. 2.17 COMMON AREA MAINTENANCE Most common area maintenance will be provided by the CDD or by a Property Owner's Association (POA). The CDD or the POA, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Creekside Commerce Park, in accordance with any applicable permits from the South Florida Water Management District. 2.18 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. Amended PUD (clean).DOC 2-7 8/22/2006 Agenda Item No. 8B October 24, 2006 Page 94 of 156 B. Creekside Commerce Park is planned as a functionally interrelated business park under unified control. The Developer will establish community-wide guidelines and standards to ensure a high level of quality for both the common areas and the individual parcel developments. e. These guidelines will serve as a control for individual parcel development, and be referred to as The Declaration of Covenants, Conditions and Restrictions for Creekside Commerce Park. The level of quality defined in this document is directed towards the creation of an attractive business environment, and these standards are the basis for evaluation of projects submitted for review to the Property Association's Architectural and Landscaping Committee, referred to as the ALe. The standards in this document will include criteria for site planning, architectural design, lighting, landscaping, and graphics and signage. D. The specific design guidelines will act as supplemental standards to the requirements of this Planned Unit Development Ordinance, and other County codes, but in no way supersede them. 1. Common Areas The master design of the park's entries and signage, streetscapes, and open space areas will form a harmonious framework that visually links the entire park together. This unified appearance will enhance the image of the entire community. Internal roadways will provide efficient vehicular circulation with streetscapes that create pleasant neighborhood environments. Streetscape plans will be designed to establish a hierarchy of landscape improvements appropriate in scale and character with the function of the street and adjacent land uses. Along these streetscapes a pedestrian walkway system will be established to link each project with the overall community. 2. Individual Projects A. Site Planning: Each individual parcel project will provide a visually appealing, articulated, identifiable path of entry for pedestrians and vehicles from the street to the site and from the site to the buildings themselves. The orientation of a building or structure upon a site will not only reflect the project's functional need, but will also be responsive to the individual parcel's characteristics and be sensitive to adjacent land uses and the surrounding community. B. Architectural standards: The objective of the architectural standards will be to promote the creation of an attractive, value-apparent business environment. Design elements throughout a proj ect must be consistent with the nature of the chosen style and building materials selected. Project design should endeavor to adhere to the Amended PUD (clean).DOC 2-8 8/22/2006 Agenda Item No. 88 October 24, 2006 Page 95 of 156 classical principles of design and avoid cliches, overly complex or garish motifs, while seeking to invoke a "timeless" quality. C. Lighting: The guidelines for lighting will establish a continuity of design for all lighting in the park which is consistent with the overall visual impression of the park. D. Landscaping: The purpose of landscape design guidelines within individual projects is to guide development toward harmonious and visually pleasing landscape that is cohesive with the overall master landscape plan. The Creekside landscape concept will have a naturalistic theme. Similar to the overall project's plant palette, individual sites will be dominated with plants that are native, xeric, or naturalized within Southwest Florida. Landscape designs will create a coherent theme which emphasizes plant material as a primary unifying element. 1. Landscape elements along public R.O.W.s will be complimentary to streetscape landscaping. Parcel entries will be designed to harmonize with adjacent streetscape landscaping, and clearly accentuate, the parcel entry. 2. Individual parking lots will be screened from the roadways as much as possible, without obscuring views of the building entrances. In addition, plant materials used around main entrances of buildings will visually cue visitors to their location. E. Graphics/signage: The guidelines serve to provide continuity of design for all signage in the park which is consistent with the overall visual impression of the park. Parcel signage serves the identification needs of the individual tenants and user. 2.19 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Creekside Commerce Park. Required buffer treatments shall terminate at entrances to accommodate entrance treatments and at lakes to acconnnodate views into the park. The following standards shall apply: A. Landscape buffers contiguous to Immokalee Road R.O.W. will be installed at the time of subdivision improvement per construction phase and will have the following characteristics: 1) Minimum width of20'-0", measured from the R.O.W. Amended PUD (clean).DOC 2-9 8/22/2006 Agenda Item No. 8B October 24, 2006 Page 96 of 156 2) Adjacent to Business District type uses within the Business District, trees will be native, xeric, or naturalized canopy trees, spaced at 25' on center (O.c.), planted at an initial height of 13'-14' overall (O.A.) with a 6' spread. In addition, a continuous 24" high shrub hedge shall be provided within the 20' buffer. B. Landscape buffers contiguous to Goodlette-Frank Road R.O.W. will be installed at the time of subdivision improvement per development phase and will have the following characteristics: 1) Minimum width of20'-0", measured from the R.O.W. 2) Adjacent to Business District type uses within the Business and Industrial/Commerce (lie) Districts, trees will be native, xeric, or naturalized canopy trees, spaced at 25' O.C., planted at an initial height of 12' O.A., with a 6' spread. At the time of individual lot improvements, hedges will be placed at parking lot edges to satisfy the requirements ofLDC Section 2.4.7.4. 3) Adjacent to industrial type uses within the Industrial/Commerce District, trees will be native, xeric or naturalized canopy trees, spaced at 25' O.C., planted at an initial height of 12' O.A, with a 6' spread. Trees will be placed on a berm, 3 feet high and supplemented with a 5 foot high hedge consisting of but not limited to the following plant material: coco plum, viburnam, ficus. The intent will be to obtain 80% opacity within one year of planting for travelers on Goodlette-Frank Road. C. Landscape buffers surrounding the perimeter of the park will be installed at the time of subdivision improvement per construction phase. The buffers are referenced on Exhibit B, and proceed in a clockwise direction from the northeast corner of the project as follows: 1) The landscape buffer along the eastern most property boundary, north of the preserve area, as depicted on Exhibit B, shall consist of an Alternative "A" type buffer. Any preservation areas within this buffer may be credited toward buffering requirements. 2) The preserve area along the balance of the eastern most property boundary will serve as the buffer between uses. 3) The Developer will provide a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center between the business use and the preserve/lake area, as depicted on Exhibit B. Amended PUD (clean).DOC 2-10 8/22/2006 Agenda Item No. 8B October 24, 2006 Page 97 of 156 4) The Developer will provide a five feet (5') wide Alternative "A" type landscape buffer with trees planted fifty feet (50') on center along the eastern property boundary contiguous to the Collier County Sewage Treatment Plant. 5) The landscape buffer along the southern most property boundary, east of Goodlette-Frank Road, shall be a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center. An opaque hedge six feet (6') high will be planted to supplement the existing oak tree buffer planted by the County at the Collier County Sewage Treatment Plant. 6) The existing landscape berm/buffer from Goodlette Frank Road to the west side of the Pine Ridge Drainage Easement will be supplemented as follows: a type "A" buffer along the proposed lake; and the remaining area westward of the lake will be supplemented to consist of 50 sabal palms, 8'-14' a.A. and 4 Ficus nitida 12'-13' a.A. and 6'-8' wide; locations to be coordinated with the adjacent property owner. 7) The Developer will provide a ninety percent (90%) opaque landscape buffer and berm between the lIC District and the Pelican Marsh PUD from the west side of the Pine Ridge Drainage Easement to the existing berm to the west, that approximates the existing Pelican Marsh berm/buffer. This buffer will be installed concurrent with any lIC construction west of the Pine Ridge Drainage Easement. The buffer shall meet ninety percent (90%) opacity within one (I) year of planting. 8) The Developer will supplement with additional trees the buffer along the remaining portion of the southern property line westward to achieve a ninety percent (90%) opaque buffer. This buffer will be installed concurrent with any lIC construction west of the Pine Ridge Drainage Easement. 9) The landscape buffer between the lIC District and the adjacent Agricultural District along the southern portion of the western property line will be an Alternative "A" type buffer. 10) The landscape buffer between the R.O.W. and the adjacent Agricultural District to the west will be an Alternative "A" type buffer and be incorporated into the R.a.W. D. Maximum fence or wall height internal to the PUD: Twelve feet (12'). E. Landscape buffers, berms, fences and walls will be constructed along the perimeter of the Creekside Commerce Park PUD boundary concurrent with subdivision and site development construction phase, except where noted in this document. Amended PUD (c1ean).DOC 2-11 8/22/2006 Agenda Item No. 8B October 24, 2006 Page 98 of 156 F. Sidewalks, water management systems, drainage structures, and utilities may be allowed in landscape buffers pursuant to review and approval of the Development Services Administrator. G. Landscape berms located within the Creekside Commerce Park PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or encroaches into the right-of- way line when approved by the applicable owner or agency. 2.20 SIGNAGE A. GENERAL 1) Pursuant to Section 2.5.5.2.3.7. of the LDC, the following conditions provide for the required comprehensive sign plan for the Creekside Commerce Park 2) Each platted parcel shall be considered a separate parcel of land. 3) Signs and decorative landscaped entrance features within a County dedicated right-of-way, shall require a right-of way permit subject to the review and approval of the County. 4) All signs shall be located so as not to cause sight line obstructions. B. PARK ENTRY SIGNS 1) Major park entry signs shall be located as depicted on Exhibit B. Each sign will not exceed 160 square feet in size on any side and signs will be no longer than 25 feet in length and 8 feet in height. 2) Minor park entry signs shall be located as depicted Exhibit B. Each minor monument sign will not exceed 100 square feet in size on any side. Minor monument signs will be no larger than 20 feet in length and 6 feet in height. C. INTERNAL SIGNS 1) Directional or identification signs are allowed within the business park. Such signs may be used to identify the location or direction of approved uses such as sales centers, information centers, etc. Individual signs may be a maximum of 4 square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 25 square feet per side, and a maximum height of 8 feet. No building permit is required unless such signs are combined to form a menu board. 2) Grand Opening signs: The Developer or parcel owner may display an on-site grand opening sign not exceeding 32 square feet on a side, and not exceeding Amended PUD (c1ean).DOC 2-12 8/22/2006 Agenda Item No. 88 October 24, 2006 Page 99 of 156 64 square feet total. Banner signs shall be anchored and may be displayed on- site for a period not exceeding 14 days within the first three months that the Developer/occupant is open for business. D. USER SIGNS 1) Wall, mansard, canopy or awning signs: One wall, mansard, canopy or awning sign may be permitted for each single-occupancy facility, or for each establishment in a multiple-occupancy facility. Comer units within multiple- occupancy facilities, or multi-frontage single-occupancy facilities shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined area on one wall. However, the combined area of those signs shall not exceed the maximum allowable display area for signs by this ordinance. a. The maximum allowable display area for signs may not be more than 15 percent of the total square footage of the visual facade of the building to which the sign will be attached and may not, in any case, exceed 200 square feet in area for any sign. 2) Monument and Pole signs: One (1) monument or pole sign is permitted for each lot or parcel for each external and internal road frontage(s). a. Maximum allowable sign area: 60 square feet per side, if two-sided b. Maximum allowable height: 15 feet for pole signs, 8 feet for monument SIgns. c. Internal road frontage setbacks: A minimum of fifteen feet (15') from the edge of pavement. Signs may encroach within the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. d. External road frontage setbacks: Pole signs shall be setback from any external right-of-way in accordance with the applicable section of the LDC. Monument signs may be permitted closer to the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. e. Spot or floodlights may be permitted provided said light shines only on the signs or landscaping and is shielded from motorists and adjacent residents. Amended PUD (cJean).DOC 2-13 8/22/2006 Agenda Item No. 8B October 24, 2006 Page 100 of 156 f. Should the U.S. Postal Service purchase or lease land within Creekside Commerce Park, in addition to the user signs as permitted herein, they will be allowed one sign between Immokalee Road and the proposed lake adjacent to the west entry. E. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, speed limit signs, etc. may be designed to reflect a common architectural theme, in accordance with Section 3.2.8.3.19. of the LDC. 2.21 GENERAL PERMITTED USES A. Certain uses shall be considered general permitted uses throughout the Creekside Commerce Park PUD except in the Preserve Area. General permitted uses are those uses which generally serve the Developer and tenants of Creekside Commerce Park and are typically part of the common infrastructure. B. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Temporary construction, sales, and administrative offices for the Developer and Developer's auth0l1zed contractors and consultants, including necessary access ways, parking areas and related uses. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 8. Fill storage subject to the standards set forth in Section 2.7 ofthis PUD. Site filling and grading as set forth in Section 2.7 of this PUD. 9. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator detennincs to be compatible. Amended PUD (clean).DOC 2-14 8/22/2006 Agenda Item No. 88 October 24, 2006 Page 101 of 156 10. Sidewalks may occur within County required buffers if approved by the Community Development and Environmental Services Administrator. 11. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC provision in effect at the time of Site Development Plan Approval. 12. Creekside Commerce Park shall be permitted to develop with a maximwn of 40 percent commercial uses. Commercial uses are defined as offices, health services, medical clinics, financial institutions, fitness centers, childcare centers, restaurants and retail sales in accordance with Section 3.3. C.2. hereof. Amended PUD (clean).DOC 2-15 8/22/2006 Agenda Item No. 8B October 24, 2006 Page 102 of 156 SECTION III INDUSTRIAL/COMMERCE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "VC". 3.2 GENERAL DESCRIPTION Areas designated as "IIC" on the PUD Master Plan are intended to provide a maximum of 620,000 square feet of gross floor area of industrial/commerce uses on 41.6:!: net acres. The floor area ratio (FAR) for the designated industrial land uses shall not exceed .35. 3.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. The permitted principal uses and structures will generally consist of light manufacturing, wholesale, warehouse, processing and packaging, laboratories and clinics, research, design and product development, business services and corporate offices and headquarters. 1. Aircraft Parts and Auxiliary Equipment (Group 3728) 2. Apparel and Other Finished Products (Groups 2311-2399) 3. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction, and truck and automobile assembly plant construction. 4. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing senrice, not connected with Amended PUD (c1ean).DOC 3-1 8/22/2006 Agenda Item No. 8B October 24, 2006 Page 103 of 156 transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 5. Child Day Care Services (Group 8351) 6. Communications (Groups 4812-4899 not including major communications towers related to cellular phone service, radio broadcasting, television broadcasting, radar or telephone service) 7. Computer and Office Equipment (Groups 3571-3579) 8. Construction; Special Trade Contractors (Groups 1711-1799 except for boiler erection and installation contractors; drainage system installations, cesspool and septic tank contractors; fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors; epoxy application contractors; fireproofmg buildings contractors; gasoline pump installation contractors; lead burning contractors; and mobile home site setup and tie down contractors) 9. Depository and Non-Depository Institutions (Groups 6011-6163) 10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic; morphine and derivatives; opium derivatives) 11. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools; vocational counseling) 12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612, 3613,3624,3625,3631,3641-3676,3678,3679,3694, 3695, 3699, except for airport lighting transformers, autotransformers, electric (power transformers) distribution transformers, electric; electric furnace transformers; lighting transformers, street and airport; transformers, reactor; atom smashers (particle accelerators; electron beam metal cutting, forming, and welding machines; electron linear accelerators; electrostatic particle accel erators) ) 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories; veterinary testing laboratories) Amended PUD (clean).DOC 3-2 8/22/2006 Agenda Item No. 8B October 24,2006 Page 104 of 156 14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446, 3452, 3469,3492,3495,3496, production of metal is prohibited) 15. Furniture and Fixtures Manufacturing (Groups 2511-2599) 16. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229, 9311,9451,9511-9532,9611,9631-9661) 17. Industrial and Commercial Machinery (Groups 3524, 3546, 3553-3556, 3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting machines for printing trades; foundry type for printing; presses, printing - slugs printers'; ammunition and explosives loading machinery; brick making machines; cement making machinery; chemical kilns; control rod drive mechanisms for use on nuclear reactors; foundry machinery and equipment; frame straighteners, automotive (garage equipment); fur sewing machines; ginning machines, cotton; metal finishing equipment for plating, except rolling mill lines; metal pickling equipment, except rolling mill lines) 18. Leather and Leather Products (Groups 3131-3199) 19. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods: Watches and Clocks Manufacturing (Groups 3812-3843, 3845-3873) 20. Membership Organizations (Groups 8611-8631) 21. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for dressing of furs: bleaching, blending, curring, scraping, and tanning; feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, curring, tanning, bleaching and dyeing; plumes, feather; tear gas devices and equipment; veils made of hair) 22. Motion Picture Production (Groups 7812-7819) 23. Motor Freight Transportation (Groups 4214, 4215) 24. Packing and Crating (Group 4783) 25. Paper and Allied Products (Groups 2652-2657,2673-2679) 26. Personal Services (Groups 7213,7216,7219,7221) 27. Physical Fitness Facilities (Group 7991) 28. Plastic Materials and Synthetics (Groups 2833,2834) 29. Printing, Publishing and Allied Industries (Groups 2711-2791) Amended PUD (clean).DOC 3-3 8/22/2006 Agenda Item No. 8B October 24,2006 Page 105 of 156 30. Professional Offices: including but not limited to, Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311- 6399); Real Estate (Groups 6512, 6514, 6517, 6519, 6531, 6541, 6552,) 31. Rubber and Miscellaneous Plastic Products (Groups 3021, 3085, 3086, 3088, 3089) 32. Transportation Equipment (Group 3732, except for boats, fiberglass: building and repairing; boats: motorboats, sailboats, rowboats, and canoes - building and repairing; houseboats, building and repairing; motorboats, inboard and outboard: building and repairing) 33. United States Postal Service (Group 4311) 34. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas storage, petroleum and chemical bulk stations and automobile dead storage) only one (1) self-storage use allowed to be located adjacent to the Collier County Sewage Treatment Plant. 35. Wholesale Trade-Durable Goods (Groups 5021-5031, 5043-5049, 5063- 5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood-wholesale; lumber: rough, dressed, and finished-wholesale; batteries, except automotive- wholesale; storage batteries, industrial-wholesale; unit substations-wholesale; boilers, power: industrial-wholesale; boilers, steam and hot water heating- wholesale; burners, fuel oil and distillate oil-wholesale; oil burners- wholesale) 36. Wholesale Trade-Nondurable Goods (Groups 5111-5143, 5145, 5147-5149, 5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs-wholesale; fish, tropical-wholesale; furs, dressed-wholesale; greases, animal and vegetable-wholesale; ice, manufactured or natural-wholesale, leather and cut stock-wholesale; linseed oil-wholesale; oils, except cooking: animal and vegetable-wholesale; oilseed cake and meal-wholesale; rubber, crude- wholesale; sawdust-wholesale; vegetable cake and meal-wholesale; wigs- wholesale; worms-wholesale) 37. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within a 1/4 mile radius of the hospital property boundary. Amended PUD (clean).DOC 3-4 8/22/2006 Agenda Item No. 8B October 24,2006 Page 106 of 156 1. Health Services, medical clinics and offices (Groups 8011-8049) 2. Medical Laboratories and research and Rehabilitative Centers (Groups 8071- 8092, 8099) 3. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures: 1. Uses and structures that are accessory and incidental to uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent (40%) of the gross floor area of the permitted principal use. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, adjacent to Immokalee Road or Goodlette-Frank Road: Fifty feet (50') 2. Front Yard, Internal: Thirty feet (30') 3. Side Yard: Ten feet (10') Five feet (5') to internal property line along Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise twenty feet (20') 5. Rear Yard: Twenty-five feet (25') 6. Minin1um Building Setback from Perimeter Boundary of PUD: Fifty feet (50') D. Maximum Height: Thirty Five Feet (35'), including silos, storage tanks, elevator towers, satellite dishes, a.'1terulas, etc. Amended PUD (clean).DOC 3-5 8/22/2006 Agenda Item No. 8B October 24,2006 Page 107 of 156 E. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. All manufacturing operations and equipment, including accessory process equipment such as compressors and air handlers shall be contained in an enclosed structure. F. All industrial building sides visible from roadways internal or external to the park shall have the appearance of a concrete material, such as, but not linllted to, block, brick, tilt up concrete panels, stucco on lathe systems, etc. Corrugated steel sides visible from said roadways are prohibited; as well as exposed metal siding on any building west of Goodlette Frank Road. G. Business District type uses located within the I/C District along Goodlette-Frank Road will meet the Collier County Architectural Guidelines in Division 2.8. of the LDC. H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of Section 2.19.B.3 hereof, alternatively, said uses shall have the option of utilizing the landscaped buffer applicable to business uses fronting Goodlette-Frank Road, provided the portion of the building facing Goodlette-Frank Road meets the following Architectural Guideline Sections of the LDC, therefore satisfying the intent of the building design section of the Architectural Guidelines in the opinion of the Community Development and Environmental Services Administrator: 1. Section 2.8.3.5.1., Purpose and Intent 2. Section 2.8.3.5.4., Facade Standard 3. Section 2.8.3.5.6., Project Standards 4. Section 2.8.3.5.7., Detail Features except for 2.8.3.5.7.2. 5. Section 2.8.3.5.12. I. Loading Areas: Buildings west of the Pine Ridge canal and adjacent to the Pelican Marsh boundary shall orient loading docks to the north, east or west. 1. Noise: Uses within the I/C District shall not exceed 65 dBA between the hours of 7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59 a.m. and all of Sundays, as measured at the property boundary of the land use from which the sound emanates. K. Odor: No business shall cause or allow the emission of odorous air from any single source such as to result in odors which are detectable outside the parcel Amended PUD (clean)'oOC 3-6 8/22/2006 Agenda Item No. 88 October 24, 2006 Page 108 of 156 boundaries. Best practical treatment, maintenance, and control currently available shall be utilized in order to maintain the lowest possible emission of odorous air. L. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential if lighting is located within 200 feet of residential property. Light fixtures within parking areas shall not exceed 25 feet in height. M. Emissions: All sources of air emissions shall comply with rules set forth by the Environmental Protection Agency (Code of Federal Regulations, Title 40) and the Florida Departn1ent of Environmental Regulation (Florida Administrative Code, Chapter 17-2). No person shall operate a regulated source of air emissions without a valid operation permit issued by the Department of Environmental Regulation. Amended PUD (clean).DOC 3-7 8/22/2006 Agenda Item No. 88 October 24, 2006 Page 109 of 156 SECTION IV BUSINESS DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "B". 4.2 GENERAL DESCRIPTION Areas designated as "B" on the PUD Master Plan are intended to provide a maximum of 190,000 square feet of floor area, including approximately 150,000 square feet of office uses and 40,000 square feet of retail uses on 19.1:!: net acres. The floor area ratio (FAR) for the designated business land uses shall not exceed .35. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction, and truck and automobile assembly plant construction. 2. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338,7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, pOltable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 3. Child Day Care Services (Group 8351) Amended PUD (clean).DOC 4-1 8/22/2006 Agenda Item No. 8B October 24,2006 Page 110of156 4. Convenience Store (Group 5411) and Gasoline Filling Station (Group 5541) only one (1) allowed. 5. Communications (Groups 4812-4899), not including major communication towers related to cellular phone service, radio broadcasting, television broadcasting, radar or telephone service. 6. Depository and Non-Depository Institutions (Groups 6011-6163) including automatic teller machines 7. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury cWorides, U.S.P; mercury compounds, medicinal: organic and inorganic; morphine and derivatives; opium derivatives) 8. Eating Places (Group 5812) not including fast food and drive-thru restaurants 9. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools; vocational counseling) 10. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories; veterinary testing laboratories) 11. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229, 9311,9451,9511-9532,9611,9631-9661) 12. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311-6399); Real Estate (Groups 6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding and Other Investment Offices (Groups 6712-6799); Attomeys (Group 8111) 13. Physical Fitness Facilities (Group 7991) 14. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within 1/4 mile radius of the hospital property boundary. Amended PUD (clean).DOC 4-2 8/22/2006 Agenda Item No. 8B October 24, 2006 Page 111 of 156 1. Drug Stores and Proprietary Stores (Group 5912) Only one (1) drug store allowed. 2. Health Services, Medical Clinics and Offices (Groups 8011-8049) 3. Medical Laboratories and research and Rehabilitative Centers (Groups 8071- 8099) 4. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent (40%) of the gross floor area of the permitted principal use. 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, Immokalee and Goodlette-Frank Roads: Fifty feet (50') 2. Front Yard, Internal Roads: Thirty feet (30') 3. Side Yard: Ten feet (10') Five feet (5') to internal property line along the Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise twenty feet (20') 5. Rear Yard: Twenty-five feet (25') 6. Minimum Building Setback from Perimeter Boundary ofPUD: Amended PUD (clean).DOC 4-3 8/22/2006 Agenda Item No. 8B October 24, 2006 Page 112 of 156 a) Fifty feet (50') for buildings up to thirty five feet (35') in height. b) Three additional feet (3') for every one foot of building height over thirty five feet (35') adjoining residential districts. D. Maximum Height: Three stories over parking to a maximum of fifty feet (50') for buildings within 1/4 mile of the hospital property boundary except that no structure shall be greater than thirty-five feet (35'), on property west of the Pine Ridge Drainage Easement. E. Commercial design guidelines for facilities in the Business District shall be subject to the provisions of Division 2.8. Architectural and Site Design Standards and Site Design Standards for commercial buildings and projects. F. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence at least seven feet in height above ground level, or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. Amended PUD (clean)'oOC 4-4 8/22/2006 Agenda Item No. 8B October 24, 2006 Page 113 of 156 SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within Creekside Commerce Park, designated on the Master Plan, as Preserve Area. 5.2 GENERAL DESCRIPTION Areas designated as Preserve Area on the Master Plan are designed to accommodate natural systems existing or created as preserves and limited water management uses and functions. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks and nature trails (excluding asphalt paved trails). 2. Water management facilities. 3. Any other preserve and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Preserve Area. 5.4 PRESERVE DISTRICT PRESERVATION EASEMENT A non-exclusive preservation easement or tract is required by LDC Section 3.2.8.4.7.3. for preservation lands included in the Preserve Area. The Developer, its successor or assign shall be responsible for the control and maintenance of lands within the Preserve Area. Exact location/boundary of the Preserve Area will be determined during the development permitting process with the South Florida Water Management District, Army Corps of Engineers, and Collier County. Amended PUD (clean).DOC 5-1 8/22/2006 Agenda Item No. 8B October 24, 2006 Page 114 of 156 5.5 PRESERVE AREA ADJUSTMENTS The proposed native vegetation retention areas, depicted on the Creekside Commerce Park Master Plan, are intended for meeting the native vegetation requirements of the Collier County Growth Management Plan and the Collier County LDC. Adjustments may be made to the location of the preservations areas at the time of preliminary plat or site development plan approval. If adjustments are needed, per the Collier County LDC the Developer will have the option to increase the preservation in another area, enhance and preserve another area, or provide increased native landscape per the Collier County LDC. The proposed preservation areas, including 2.9 acres of wetlands and 4.1 acres of uplands, depicted on the Creekside Commerce Park master plan, are areas where the native vegetation requirements may be met as set forth in the Collier County LDC. Amended PUD (clean).DOC 5-2 8/22/2006 . ~ -j ; 1 i ,I i 1 ~- . . Agenda Item No. 8B October 24, 2006 Page 115 of 156 ORDINANCE NO. 97- SI Rr.r." '1 "':"1 . of BfMrd THE AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA or COLLIER COUNTY, FLORIDA BY AMENDING THE OFfICIAL ZONING ATLAS HAP NUMBER 8527N; BY CHANGING THE ZONING CLASSIfICATION or THE HEREIN DtSCRIBF.D REAL PROPERTY FROM "AN RURAL AGRICULTURAL AND "IN INDUSTRIAL TO "PUO" PLANNED UNIT DEVELOPMENT KNOWN AS CREEKSIDE COMMERCE PARK, FOR INDUSTRIAL, BUSINESS AND MEDICAL RELATED USES FOR PROPERTY LOCATED ON THE EAST AND WEST SIDES OF GOODLETTE FRANK ROAD (C.R. B511, IMMEDIATELY SOUTH OF IMMOKALEE ROAD (C.R. B461, IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, f'l.ORIDA, CONSISTING OF 10B.4 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, George L. Varnadoe, Esquire, of Young, van Assenderp , Varnadoe. and Alan Reynolds of Wilson, Miller, Barton & Peek, Inc., representin~ Barron Collier Partnership, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; (r. - <'0 NOW, THEREFORE BE IT ORDAINED by the Board of Coun~ Commissioners of Collier County, Florida: .. r ~ "'" ;:, "" ... "" "^ ".0- ;: "1: descri.bed~ea1 ..0 -... SECTION ONE:: The zoning classification of the herein property located in Section 27, Township 48 South, Range 25 East, Collier County, Florida, is changed from "An Rural Agricultural and "I" Industrial to "PUD" Planned Unit Development in accordance WIth the Creekside Commerce Park PUD ~cument, attached hereto as ~xhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Humber 8527N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PUDA-2005-AR-8832 PROJECT #2005120050 DATE: 4/21/06 MICHAEL DERUNTZ -1- ~ fi' ~ -n r- ,." o REV. 2 Agenda Item No. 8B October 24, 2006 Page 116 of 156 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, florida, this -!!.!L day of October 1991. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . BY: 7~/~ TIMOTHY Z. ~ANCOCK, Chairman - ATTEST: . . ay: h":.J..:seft;. ~(!, DWI<<HT E. BROC , Cl rk Approved as to rorm and Legal Sufficiency Ir'\lt~.u:. Ih ~d~~ Marj ie M. Stu ent Assistant County Attorney U",D-'7-11 01101 NAHC~I ,",I. ordlnorY.:I' r:', '.~ ..." f., ~..... ~~~~;~~;m~~~ o. d oc.:~~..... .~:::....,: -.1 c' In;t ;~II;?~:~~ . . -2- . 6.., ( e . -- Agenda Item No. 8B October 24,2006 Page 117 of 156 l! '~. .": ~ ' .', r . (' . t t" ~ e CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT PREP ARED FOR BARRON COLLIER PARTNERSHIP OCTOBER, 1997 e Icn,,,,,..)O'O v. OIl.A"""IM "-....1.&._. _~.2l>>n - . "J\ .\ t::<rt t & L -r '\ Agenda Item No. 8B October 24, 2006 Page 118of156 I . . . . . . - . \ + " . e CREEKSIDE COMMERCE PARK A PLANNED UNlT DEVELOPMENT 108t Acres Located in Section 27 Township 48 South. Range 25 East Collier County. Florida PREP ARED FOR: BARR ~N COLLIER PARTNERSHIP 2640 Golden Gate Parkway Naples. FL 34105 PREPARED BY: ~ WILSON, MILLER. BARTON & PEEK. INC. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 YOUNG. V AK ASSENDERP & VARNADOE. P.A. 80) Laurel Oak Drive. Suite 300 Naples. Florida 34 101 DATE FILED DATE APPROVED BY CCPC DATE APPROVED BY BCe ORDINANCE NUMBER 711 5/97 1012197 10/21/97 97-51 e '6I')"".~l ,,".. Ol"....la"".... AU. "'.__ _oMG."\.ID.200U ( " " ; , ~. . .- , . . ~ . , . ~ Agenda Item No. 8B October 24, 2006 Page 119 of 156 . .. : , j . J _ . . . . . , , . > I e e TABLE OF CONTENTS ~ STATEMENT OF COMPLIANCE AND SHORT TITLE ii SECTION I LEGAL DESCRIPTION. PROPERlY OWNERSHIP. & J- I GENERAL DESCRIPTION SECTION" COMMERCE PARK DEVELOPMENT 2-1 2.1 Purpose 2.2 General Description Orne Park and Proposed Land Uses 2.3 Compliance With Counl)' Ordinances 2.4 CommL .il)' Development District 2.5 Land U:.cs 2.6 Lake Siting 2.7 Fill Storage 2.8 Use Of Right-Or.Way 2.9 Sales Office and Construction Office e 2.10 Changes and Amendments To PUD Document Or PUD Master Plan 2.11 Preliminary Subdivision Plat Phasing 2.12 Open Space and Native Vegetation Retention Requirements 2.13 Surface Water Management 2.14 Environmental 2.15 Utilities 2.16 Transportation 2.17 Common Area Maintenance 2.18 Design Guidelines and Standards 2.19 Landscape Buffers. Bcnns. Fences and Walls 2.20 Signage 2.21 General Permitted Uses SECTION III rNDUSTRIAUCOMMERCE DISTRICT 3-1 SECTION IV BUSfNESS DISTRICT 4-1 SECTION V PRESERVE AREA 5-1 EXHIBIT A AERIAL PHOTOGRAPH, LOCATION MAP (WM8&P File No. RZ-255A) EXHIBIT B CREEKSIDE COMMERCE PARK MASTER PLAN (WMB&P Fire No. RZ-255B) .._, e It tWJ04'.2'"'PO v. 02'1_~... "....,1._. -'-"'-4 : ....'., '.", <......,... .'. "..". ."'>J .:...... ..... , ... . " . .i:. Agenda Item No, 8B October 24, 2D06 Page 120 of 156 \ , ' "". . 4. . ' .' . .. .' ~ : .' , . ~. ~ e ~ I I '1 1 } ~ ~ 1 ~ J ! f ; i . i . STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the Barron Collier Partnership. hereinafter referred to as Barron Collier or the Developer. to crC:llC 11 Planned Unit Development (PUD) on 108= acres of land located in Section 27. Township 48 South. Range 25 East. Collier County. Florida. The name of this Planned Unit Development shall be Creekside Commerce Park. The development of Creekside Commerce Park will be in substantial compliance with the planning goals and objectives of Collier County as set forth in the GrO\..th Management Plan. The development will be consistent with the policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: I. The subject property is within the Urban Mixed Use District as identified on the Future Land Use Map which allows certain industrial and commercial uses. The Urban designation also allows support medical facilities. offices. clinics. treatment. research and rehabilitative centers and pharmacies provided they are located within 114 mile of the propeny boundary of an existing or approved hospital or medical center. 2. The existing Industrial zoning is considered consistent with the Future Land Use Element (FLUE) as provided for by Policy 5,9 and 5.11 of the FLUE. ~ 3. The FLUE Urban-Industrial District allows for expansion of the industrial land use provided the rezone is in the fonn of a PUD. the site is adjacent to existing land designated or 7.oned industrial the land use is compatible with adjacent land uses and the necessary infrastru::ture is provided or in place. Creek.side Commerce Park has expanded the industrial land use accordingly. 4. The FLUE Urban-Industrial District requires the uses along the boundaries of the project to be transitional. Creekside Commerce Park has induded trnnsitional uses accordingly, 5. Creekside Commerce Park is compatible with and ~omplcmcntary to c)(isting and luturc surrounding land uses as required in Policy 5.4 of the FLL'E. 6. Improvements are planned to be in substantial compliance with applicable land developm~nt regulations as set forth in Objective 3 of the FLUE. 7. The development of Creekside Commerce POlrk will result in an efficient and economical extension of community facilities and services as required in Policies 3,I.H and L of the FLUE. ) 8, Creekside Commerce Park is a master planned. deed-restricted commerce park and is ; . planned 10 .ncourag. iug.nuily, innoval'on and 'm.ginal'an .. ,ct r..,h 'n ,h. Collier I .....,.,..,.,"""... ,.!.......:~unty Land Development Code (LDC). Planned Unit Development District. " ~.. , ji ( e . Agenda Item No, 8B October 24, 2006 Page 121 of 156 , '~ ~ . I .' " : . ~" . . ~ ~ ' 1 .. ." .', . . "': ~ I. I 9. This master planned park will incorporate elements from the existing Industrial, Business Park and Industrial PUD sections of the LDC. SHORT TITLE This ordinance shall be known and cited as the "CREEKSIDE COMMERCE PARK PLANNED UNIT DEVELOPMENT ORDINANCE". .. e . lorJD"n.J9P1O v.. G1'............ ........-- -~"" Hi , ' '.. J , . ~ " , . I ~. ' ' ...... Agenda Item No. 8B October 24, 2006 Page 122 of 156 , , ~ ", ' . .' :: ~ : \'. . .: "'. .f ~: ~i e SECfION I e LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.3 PURPOSE I t 1 j i i ! j J ~ 1 ,; I I . ! 1 The purpose of this section is to set forth the legal description and ownership of Creekside Commerce Park. and to describe the existing condition of the pmperty proposed to be developed, 1.4 LEGAL DESCRIPTION e All that part ofSeclion 27, Township 4/\ South. Range 25 Eut, Collier Counl)', Florida being more particularly described as follows; COMMENCING Itlhe northwest lmer of said Section 27; lhence along the north line of said Section 27 South 89045'21" Easl 1869.b I feet; thence leaving said line SOU[n 00014 '39" West 125.00 feel to I point on the soUlh right ofwa~ line of Immokalee Road (S.R. 846) .nd Ihe POINT OF BEGINNING oflhe parcel herein described; Ihence along said right ofwa)' line in lhe following Si~ (6) described courses; I) South 8904S'21" East 485.99 feel; 2) South 00014'39" West 10.00 feet; J) South 89045'21'. Easr 150.19 feel; 4) SOIIrh 89048'33'. East 7 J 6.81 feet; :5) North 05034 '33" West 10,05 feet: 6) South 89048'33" East 486,21 feel 10 a point on the west right of way line of Goodlcne Road as recorded in Plat Book 3, page 58. Public Records of Collier County. Florida: Ihence along said line Soulh 0503)' 48- Easl 1767,02 feel: thence leaving said line South 89020'B" West 51.18 feet: th...."a:North 230SS'53" West 13,07 feet: thc:nc:c northweslerly, 30.71 feel along the art: of I circular curve concave to the nOl1heasl having I radius of 10,00 feet, through a central angle of 21059'52" and being sublended by a chord which bears North 12 "SS.5T' West 30.53 feet: tht2lClC North 05000'53" Wesl J 1.56 feet; IhunceNonh 36019'20" West 32,02 feet: thence North 56004'35" West 35,11 feet: Ihena: North 80039'15- Wesl )2,53 feel; thence liorth 88039'12" West 97,78 feel: thence North 86004'40" West 45,79 feet; thence North 89049'48" West 132.77 feet: Ihence North 69040'10" West ]7.23 feel: thence South 89"20' 53- West 142,47 feel: lhence South 84059'26" West 24.66 feet; IhenceSoLlth 740S6'SO"Wes1121.32 feel; thence South 79049'59" West4S,9] feel; thence westerly and northwesterly, 45.5 I feet along the art: of a circular curve concave 10 rhe northeast, having a radius of 66.00 feel. through a central angle of 39030'16" and being subtended by a chord which bears North 80"24'53- West 44,61 feel 10 a point of compound curvature: thence northwesterly, 52.92 feet alon& the arc of a circular curve concave to the soulhwest, havinc a mdius of 150.00 feel. through a cenlml angle of 200' 2' 57.' and being 5ubtended by . chord which bears North 70046'13" West 52.65 feet; thence North 80052 '42" West 36.59 feet; . i 1 i I 1 ! 1 I i ~ tOrt'2O't1_29f1a v. 02f'~..a ~_e&"I.f;_'" ___...1) i. i ( . " . . . J. .. . , , e e -- Agenda Item No. 8B October 24, 2006 Page 123 of 156 . . ( J> · J . ,I , 'I 1'" .. ." t .: ',. \ .. . J , t'. . : J e thence westerly and southwesterly, 46.18 feet along the arc of a circular curve concave to the southeast, having 8 radius of SO,OO feet, through I central Ingle 003"04'14" and being sublended by a chord which bears South 82035'11" West 45.54 fcetto a point of compound curvature; thence southwesterly and westerly, 38.16 fcee along the arc of I circular curve concave to the nonhwest. having II radius of 60.00 feet, through a central angle of 36026 '19fl and being sublended by a chord which bears South 84016'14" West 37.52 reel 10 a point of compound curvature: thence westerly and nonhwesterly, 68.85 feet along the arc of a circular curve concave to the southwest, having a radius of 305.00 feet. through a cenlral angle of 12055'59" and being sublended by a chord which bears Nonh 83058'36" West 68.70 feet; thence Soulh 89"33'25" West 18.36 feet; thence South 89"39'19" Wesl 71.63 feel; thence Nonh 89"34'56" West 36,03 feel; Ihence South 86"06'41" West 42.94 feel: thence Soulh 83044'16" Wesl 26.23 feet: thence Soulh 51'01'13" West 27,49 feel; thence Soulh 33025'50" Wesl 19.95 feet: thence Soulh 15'40'05" West 20.54 feet; thence South 10"54'39" West 34.6 feet; thence South 89"20'14" West 101.06 feet: lhence North 10046'06" EasII01.42 feel; thence North 89"20' 53" East 65.45 feet; thence North 00'39'01" Wesl 100.64 feel; thence South 89"20'53" Wesl 503.78 feel; thence North 00039'01" Wesl 27,71 feet; thence North 72'58'55" West lJ \.30 feel; thence Nonh 02"08' 56" West 1473.29 reel 10 a poinl on Ihe south right of way line nf said Immoklllee Road (S.R. 846) and the POINT OF BEGINNING oflhc parcel herein described; i I ! , , j J I I I I I , ~ I l I I r 1 . i t f ! Conlaining 69.48 acres more or less: Subject 10 casements and resrrictions of record, Bearings ~re assumed and based on lhe north line: of said Seelion 27 being South 89049'40" ~asl. All thaI part of Section 27, Township 48 Soulh, Range 25 East, Collier County, Florida being more particularly described as follows; Commencing al the northeast comer of said Seelion 27; thence along the easlline of said Seclion 27, Suulh 01"09'43" East 125,00 feel 10 a point on the south right of way line of ImmokaJee Road (S,R, 846) and the POINT OF BEGlh'NING of the parcel herein described; thence continue along said cast line South 0"09'43'" ElISl 1189.62 feet; thence leaving said line South 89048'50" West 677.35 feel; thence South 05")5'39" East 886.02 feet; thence South 89048'50" Wesl 400,00 feet to a poinl on the easterly right of way line of Goodlene Frank Road as Recorded in Plat Book 13, page 58. Public recClrds of Collier County, Florida: Ihence along said line North 05035'39" West 2088.10 feel to a poinl of the south righl of way line of said Immokalee Road (S.R, 846); thence along said line South 89049'40" East 1168,55 feet: thence continue along said line South 89012'58" Easl 1.85 feel to the POINT OF BEGINNING of the parcel herein described; ~ J I l 1 r i I I t ; { C'onraining 38.9 acres more or less; Subjccllo easements and restrictions Or record, Bearings are assumed and ba.sed on lhe nonh line of said Seclion 27 being Soulh 89046'26- East. e 1~'..Zt''fO v... c.:'-IUri.... 111..."_.... UC64I'I.oI)r'....ot)I"'.."..o 1-2 . r ~ f. _ . " ~. , , , ~ " "! , ' Agenda Item No. 88 October 24, 2006 Page 124 of 156 . . , ~, .. . ~ .. , ' .. "., . t 1 . . .' . , I ~~ e e 1.3 PROPERTY OWNERSHIP The subject property is cUJ'Tently under the equitable ownership or control of Barron Collier Partnership. or its assigns. whose address is 2640 Golden Gate Parkway, Naples. FL 34105. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is locllted in Section 27. Township 48 South. Range 25 East. and is generally bordered on the west by Agriculturally zoned and developed property; on the north. across Immokalee Road by office and medical (North Collier Hospital) PUD zoned and developed property; on the east by Medical Office Park currently under development, County Park and County Wastewater Treatment Facility~ and on the south by PUD and County Wastewater Treatment Facility. The location of the site is shown on Exhibit A Aerial Photograph. Location Map. B. The zoning classification of the subject propen}" at the time of Pl;D application is I (Industrial) and A (Agricultural). C, Elevations within the site are approximately 7,5 to 9 feet-NGVD. Per FEMA Finn Map Panels No. 12006701930. dated June 3,1986. the Creekside Commerce Park property is located within Zones .. AE.II" of the FEMA nood insurance rate. Topographic mapping is shown on Exhibit G. ~ O. The soil types on the site generally include Riviera limestone substratum. Copeland fine sand. Pineda fine sand. Immokalee fine sand. Myakka fine sand. Basinger fine sand. Riveria fine sand. Ft. Drum and Malabar fine sand. and Satellite fine sand Soil Conservation Service mapping of soil types is shov", on Exhibit D. E. Prior to development, vegetation on the site primarily consists of aClive croplands and small amounts of pine flalwoods. An isolated weIland system is located along the south side of Immokalee Road wesl of Good I ene-Frank Road. This wetland consists primarily of Brazilian pepper that surrounds a small willow area. The wetland on the east side of Goodlette-Frank Road l:onsislS primarily of cabbage palms, A portion of the historic water course within this wetland has been channeli7.ed. Brazilian pepper has infested the nonhem pan of this wetland. ^ detailed vegetation mapping is 5ho'\l1 on Exhibit C. i I : ( F. The project site is located within the Pine Ridge Canal and West Branch Cocohatchee River sub-basins. as depicled within the Collier County Drainage Alias (July, 1995). The Conceptual Stormwater Management Master Pion is shown on Exhibit H, I e 1.3 ( 100000M".:9lt?O Y. 01'."""'''' 11\........-.- -,... e 41 -a Agenda Item No. 8B October 24,2006 Paqe 125 of 156 , ' .. I- . '. ' .. t . . ., 4 . , . , ~. ~. . , . \0 \ . '.. . . . 1.5 DEVELOPMENT OF REGIONAL IMPACT e Creekside Commerce Park does not meet the minimum thresholds for a Development of Regional Impact (DRl), pursuant to Chapter 380.06, Florida Statutes, 1997, in that it is at or below 800!o of all numerical thresholds in the guidelines and standards set forth therein. , \ j I l I e 11),10"'.1'""'0 V. 01'.....,..'1'" ~... 1-4 ': '. ,,' I" :, ' . ' ,", ',."..,',..", '. ;,." ,,' "' '", ,) Agenda ItE;lm No. 8B October 24, 2006 Page 126 of 156 ~' , . _ I '. ..' . .. , . . I .." ~. .. J . L' ., . '.4 e 2.1 . SECTION II PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to generally describe the plan of development for Creekside Commerce Park (park). and to identify relationships to applicable County ordinances. policies. and procedures, 2.2 GENERAL DESCRIPTION OF THE PARK AND PROPOSED LAND USES A. Creekside Commerce Park will consist of predominately industrial. warehouse. wholesale:. financial institutions. business and office uses. with limited amounts of retail uses. Creekside Commerce Park shall establish project-wide guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities, B, The Master Plan is illustrated graphically on Exhibit B (WMB&P. Inc. File No. RZ-225B). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location. size. and configuration of individual tracts shall be detennined at the time of Preliminary Subdivision Plat approval with mirior adjustments at the time afFinal Plat approval. in accordance with Section 3.2.7.2. of the Collier County Land Development Code (LDC). ~ 2.3 COMPLIANCE WITH COUNTY ORDINANCES I I 1 ~ e ,~.,.,..'M\'. t)J,...JN"" n,I..I,_,_ ---.... A. Regulations for development of Creekside Commerce Park shall be in accordance with the contents of this PUD Ordinance. and to the extent they are not inconsistent with this PUD Ordinance. applicable sections of the LDC and Collier County GroVlth Management Plan which are in effect at the time of issuance of any development order. Where this PUD Ordinance does not provide de\'clopmentaI standards, then the provisions of the specific section of the LDC thLlI is olhef'.visc applicable shall apply to which said regulations relate. B. Unless otherwise defined herein. or as necessarily implied by context. the definitions of all tenns shall be the same as the definitions set forth in the LDC in effect at the time of development order application, c. Development pennined by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance. Division 3,] 5 of the LDC. D. All conditions imposed herein or as represented on the Creekside Commerce Park Master Plan are part of the regulations which govern the manner in which the land may be developed. 2-1 ( I \ . . .) " " ...." It . Agenda Item No. 8B October 24,2006 Page 127 of 156 '.'" ; ,~.,...' '.: '(, .: ,,:, <.' . ::"::.' "', ;',' ,.',", " . [... . . .l j4' e E. The Site Development Plans Division of the LDC (Article 3. Division J.3) shall apply to Creekside Commerce Park. except where an exemption is set rorth herein or otherwise granted pUr1iuant to LDC Section 3.3.4, F. The Developer shall submit to the County an annual PUD monitoring report 10 accordance with LDC Section 2.7.3,6, 2.4 COMMUNITY DEVELOPMENT DISTRICT A, The Developer may elect to establish a Community Development District (COD) pursuant to Chapter 190. Florida Statules. 1997. to provide and maintain infrastructure and community facilities needed to serve the park. A COO would constitute a timely. eOicient. cfTective. responsive and economic way to ensure the provision of facilities ,md infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the CDD shall be subject to. and shall not be incon.sistent with. the Collier County Growth Management Plan and all applicable ordinancl's dealing with planning and permitting of Creekside Commerce Park. l l j I i I ! ~ 1 B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190,041. Florida Statutes. Such a district is a Icgitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of Count)" development approval, 2.5 LAND USES A. The location of land uses are shown on the PUD Master Plan. Exhibit B. Changes and variations in building tracts. locolion and acreage of these uses shall be permitted at preliminary subdivision plat approval. preJiminur)' site development plan approval and final site development plan npproval to accommodme utilities. topography, vegetation. and other site and market conditions. subject to the provisions of Section 2.7.3.5. of the Collier Count)' LOe. The specific 10cD.tion and size of individual tracts and the assignment of square foolage or units shall be determined at the time of site development plan approval. B. Roads and other infrastructure may be either public. private or a combination of public and private. depending on location. design and purpose. The request for a road to be public shall be made by the Developer at the time of final subdivision plat approval. The Developer or its assignees shall be responsible for maintaining the rmlds. streets. drainage. common areas. water and sewer improvements where such systems arc not dedicDled to the County. Standards for roads shall be in compliance with the opplicahle provisions of the County Code regulating subdivisions. unless e . 100000001.J'OlI'tf) v", 4\~,"';""LI". 2.2 ,~W).J1fJ(U""I.".Il ~. , , ' . '. '. - I ,.; . , . , . .". . Agenda Item No. 8B October 24, 2006 Page 128 of 156 .. . ~ '_ . I'.,". " , . ~ I J :'r. ~ ' , . '" . . , . '. ~ > . . '.' - . " - ,-. '," r l. . - otherwise approved during subdivision approval. nlC Developer reserves the right 10 request substitutions to Code design standards in accordance with Section 3.2.7.2. of the LDC. 2.6 LAKE SITING A, As depicted on the PUD Master Plan. lakes have been preliminary sited. The goal of this Master Plan is to achieve and overall aesthetic character for the park. to permit optimum use of the land. and to increase the ~fficiency of the water management network. Fill material from lakes is planned to be utilized within the park: however, excess fill material may be utilized ofT.site. The volume of malerial to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20.000 cubic yards. If the applicant wishes to take more ofT-site. a commercial excavation permit will be required. Final lake area detennination shall Ix- ;n accordance with the South Florida Water Management District stonnwater crilcria and Section 3.5.7, of the LOC. I. Setbacks: Excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements. subject to approval of County stafT at time of final construction plan approval: a) Twenty feet (20') from right.of.way of internal roads, The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment. travel speed. bank slope, road cross sections. and need for barriers. ~ b) Forty feet (40') from Immokalce Road or Goodlette-Frank Road rights-of-way. Perimeter property lines will have a setback of twenty feel (20'). The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment. travel speed. hank slope. road cross sections and need for barriers. 2.7 FILL STORAGE A. Fill storage is generally permitted as a principal use throughout the Cn.'ckside Commerce Park PUO, Fill material generated from properties owned or leased by the Developer may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations. the Developer shall notify the Community Development and Environmental Services Administrator per Section 3.2,8.3,6, of the tOe, The following standards shall apply: J, Stockpile maximum h.:i!:jht: Thirty-five fe.:\ (35') J I t e 10.'2'0-"".:"''7'1)\'., n:'.A...kftIr,,,,. .....1'-.... ""MG'\JI'.ItI...M6."'" ~.l ( . , - : . .. : ' . . . . _ .... 1 ,~ -- e -. Agenda Item No, 8B October 24, 2006 Page 129 of 156 :~;:.:;" , ~ , '-: '.,. " " ..'. '. ',:..' ~ '; ,; ", '. " '. ~" ,':: ~-'<~::, '--',' 2. Fill storage areas in excess of live feet (5') in height shall be separated from developed areas b)' fencing, excavated water bodies or other physical barriers if the side slope 0 f the stockpi Ie is !.1eeper than 4 to I (i.e. 3 to I). e a) Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.8 USE OF RIGHTS-OF-WAY Utilization of lands within all park rights-of-way for landscaping, decorative entrance ways. and signage shall be allowed subject to review and administrative appruval by the Developer and the Community Development and Environmental Services Administrator for engineering and safety considerations during the developmenl review process. 2.9 SALES OFFICE AND CON':TRUCfION OFFICE Sales offices, construction offices. and other uses and structures related 10 the promotion and sale of real estate such as, but not limited to. pavilions. parking areas. and signs., shall be permitted principal uses throughout Creekside Commerce Park. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4.. Section 3.2.6.3.6. and Division 3.3 of the LOC. with the exception that the temporary use permit shall be valid through lhe life of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject topermining under F.A.C. lOD-6 and may use potable water or irrigation wells. 2.10 CHANGES AND AMENDMENTS TO PlIO DOCUMENT OR PUD MASTER PLAN A. Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7,),5. of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDe. B. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Creekside Commerce Park Master Plan upon written request of the Developer or his assignee. C. The following limitations shall apply to such requests: t. The minor change or refinement shall be consistent with the Collier County Growth Mana:., ~ment Plan and the Creekside Commerce Park PUD document e '~".",'fQV.. 021.AJ...."" .1.'............ _,.0 2-4 , , , " . . ' ': . . ~, Agenda Item No. 8B October 24, 2006 Page 130 of 156 '._ ~. 1, 1 ~" . ,I " : ;. : "..' ..' :..' ':"~"~II~~~~'/ . ::.... iI. . 2. The minor change: or refinement shall not constitute a substantial change pursuant to Section 2.7.3,5.1. of the LOC. It 3. The minor change or refincment shall be compatible \.ltith external adjacent land uses and shall not create: detrimental impacts to abutting land uses. water management facilities. and conservation areas within or external 10 the PUD. D. The following shall be deemed minor changes or refinements: I. Reconfiguration of lakes. ponds. canals. or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights-of-ways. 3. Reconfiguration of parcels per Section 5.5 of this PUO. E. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the CommlJnity Development and Environmental Services Administrator's consideration for approval. ~ F. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without firsl oblaining an other necessary County pennits and approvals. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING Submission. review, and approval of Preliminary Subdivision Plats for the park may be accomplished in phases to correspond with the planned development of the propeny. 2.12 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS A. The PUD IAliIl fully comply with all sections of the LDC and meet the requirements of the Growth Management Plan relating to open space and retention of native vegetation, - 1~'.1"1n v" Ji21.A.tnttM "1......._."" NQflIlIIIO..OM-MC)...."O 2-5 ( , , - . . , t .' /... 1\' e 41 -- Agenda Item No. 8B October 24, 2006 Page 131 of 156 . .' ." " >' ,.' . . I ".'. 'J . I "", "'r' . t :,..~! I .' ~~- \ . ," ~ . I " ',' ( , " "', . j '. "; , " !ii. '.. ,... .,.~'" ' . t:-':, 2.13 SURFACE WATER MANAGEMENT e A. In accordance with the Rules of the South Florida Waler Management District (SFWMD), Chapters 40E-4 and 4-E-40. Lhis project shall be designed for a storm even I cO-day duration and 25.year return frequency. 2.14 ENVIRONMENTAL A. Environmental peffi1itting shall be in accordance wilh the State of norida Environmental Resource Permitting (ERP) Rules. and shall further be subject to review and approval by Collier County Planning Services Department Environmental Review Staff. 2.15 UTILITIES A. All necessary easements. dedications. or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals arc requested. 2.16 TRANSPORTATION A. The Developer shall provide appropriate left and/or right turn lanes on Imlllokalce Road and Goodlette-Frank Road at the main park entrances. Such turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for a use that utilizes the perspective/associated entrance. B. There shall be a full Jccess intersection at the park's southern entrance on Goodlette Frank Road. When justified by traffic warrants. this intersection shall be signalized, notwithstanding its proximity to Immokalee Road. C. Future access points to Immokalee and Goodlette-r:rank Roads arc !hose shown on the Creekside Commerce Park Master Plan. D. Arterial level street lighting shall be provided by the Developer at the park's main entrance in conjunction with the development of this entrance. E. Road impact fees shall be paid in accordance with the provisions of Ordinance 92- 22. as amended. r. The Developer shall provide the appropriate easements or reserve right of wuy so that the southerly access road west of Goodlette Frank Road muy be interconnected to the properties to the west of Creekside Commerce Park. - 1~'.~M"m v.. .ft2T.A.J...IL... ---,P4 2.6 ,. '. ' l' , . '. :' . ' . .' ". . '. ~,;.", 1 '. ,.t., Agenda Item No. 8B October 24, 2006 Page 132 of 156 ':~, ' . . : '. >:,\.,~;;,.:,: .'<.(:;:;>: '. -: . ,,-', ':': :" ~:: ~:',.: :.'.;'f~ >>~:;~':.~~<L ..:"~'~ , ;i"~;J> ~ if' .... . ,iC; . . G, The Dev('loper shall provide a fair shDre contribution loward the cnpital cosl of traffic signals at any project access when deemed warranted by Collier Cll\lrlly. The signul shull be owned. operilted and maintained by Collier Count}'. e H. The Developer agrees to complete construction of the segment uf i:::':~n:\1 roadway that connects Goodlcue-Frank Road to the IIC parcel (ht'r...:i;; ,;;~:,'d "southern parcel") thilt is west of Goodlette Road and abuts Pelican Marsh pi i,x to the first ufthe following to occur: I. The issuance of 0. certificate of occupancy for the "southern parcel"; 2. The issuance of a certificate of occupancy on the second business pJi .:clto be developed wcst of the Pine Ridge Drainage Easement: 3. Within 3 year~ ')f approval oflhis PUD; ur 4. Within 9 months of obtaining "grant" money or other fUIl,!s for construction of such infrastructure from an outside source. L The IIC parcels west of the Pine Ridge Drainage Easem~nt and immediately north of the south road shall conneCl for service and employee access al the time that the south road is extended 10 a poinl lhallhey may COnnect. . J. The Developer agrees 10 provide Ihe County with an update or the: Tr~IIl:;; ". ~,-:illn Impact Statement (TIS) at the time of submittal of a Preliminary Subtli \ i"j",. Plat or Site Development Plan, K. The Goodleue-Frank Road southernmost access to the lIe parcel east of Goodlette-Fmnk Road shall be limited to a right-inlright-out access. 2.17 COMMON AREA MAINTENANCE Most common urea maintenance v'"ill be provided by Ihe CDD or by a I'rop..:n.\ .. .::r S Association (POA). The COD or the POA. as applicable. shall be responsil.Jk (,I, the operation. maintenance. and management of the surface water and storm water management systems and reserves serving Creekside Commerce Park. in accordance with any appl icable permits from the South Florida Water Management District. 2.18 DESIGN GUIDELINES AND STANDARDS A. The CQl1i~r County Planned Unit Developmenl Dislrit,;l is inlended It) l,', ;~::~:e ingenuilY. innovation ilnd imaginalion in lhe planning. uesign and t1e\'L'!',: ..': or redevelopment of relatively large tracts of land under unified ownerlohip ;i:; set forth in the LOC. Section 2.2,20, e lf1i1O"11t.~TO.... l)~..AMtIh", "'OMO -OO"-4JOO r.o 2.7 ( ~>., . . ' .' '.' , '/?~j~~.' , , :'~: <<It e 1~1.:"70 \'Cf tJ:""J_~",, ~.... Agenda Item No. 8B October 24, 2006 Page 133 of 156 B, Creekside Commerce Park is planned as a functionally Interrelaled busines~ park under unified control. The Developer will establish community-wide guidelincs and standards to ensure a high level of quality for both the common areas and the individual parcel developments. These guidelines will serve as a control for individual parcel development. und be referred 10 as The Declaration or Covenants. Conditions and Restrictions for Creekside Commerce Park. The level of quality defined in this document is directed towards the creation of an attractive business environment, and these standards are the basis for evaluation of projects submitted for review to the Property Association's Architectural and Landscaping Committee, referred to as the ALe. The standards in this document will include criteria for sitc planning, architectural design, lighting, landscaping, and graphics and signage. The specific design ~uidelines will act as supplemental standards to the requirements of this Planned Unit Development Ordinance, and other County codes, but in no way supersede them. I. Common Areas The master design of the park's entries and signage, streetscapcs, and open space areas will fonn a harmonious framework Ihat visually links the enlire park together. This unified appearance will enhance the: image of the entire community. Internal road\,,'ays will provide efficicnt vehicular circulation with streetscapcs that create pleasant neighborhood environments. Streetscape plans will be designed to establish a hierarchy of landscape improvements appropriate in scale and character with the function of the street and adjacent land uses, Along these streetscapes a pedestrian walkway system will be established to link each project with the overall community. 2. Individual Projects a) Site Planning: Each individual parcel project will provide a visually appealing, articulated. identifiable path of entry for pedestrians and vehicles from the street to the site and from the site to the buildings themselves. The orientation of a building or structure upon a site will not only reflect the project's functional need. but will also be responsive to the individual parcel.s characteristics and be sensitive to adjacent land uses and the surrounding community. Architectural standards: The objective of the archilcctural standards will be 10 promote the creation of an ama<:tivl:, value- apparent business environment. Design elements Ihroushout a 2-8 Agenda Item No. 8B October 24, 2006 Page 134 of 156 e project must be consistent with the nature of the chosen style and building materials seleClf:d. Project design should endeavor to odhere to the cla.~sical principles of design and avoid cliches. overly complex or garish motifs. while seeking to invoke a "timeless" quality, ' b) Lighting: The guidelines for lighting will establish a continuity of design for all lighting in the park which is consistent with the overall visual impression of the [lark, c) Landscoping: The purpose of landscape design guidelines within individual projects is to guide development toward harmonious and visually pleasing landscape that is cohesive with the overall master landscope plan. The Creekside landscape concept will have a naturali-'lc theme. Similar to the overall project's plant palette. individual sites will be dominated with plants that are native. xeric. or naturalized within Southwest r-lorida, Landsc3pc designs will create a coherent theme which emphasizes plant material as a primary unifying element. (I) Landsc:1pe clements along public R.O.W.s will be complimentary to streetscape landscaping. Parcel entries will be designed to harmonize with adjacent strectscape landscaping, and clearly accentuate. the parcel entry. (2) Individual parking Jots will be screened from the roadways as much as possible, without obscuring views of the building entrances. In addition. plant materials used around main entrances of buildings will ,'isually cue visitors to their location. d) Graphics/signage: Thc guidelines serve to provide continuity of design for all signage in the park which is consistent with the overall visual impression of the park. Parcel signage serves the identification needs of the individual tenants and user, 2.19 LANDSCAPE BUFFERS. BERMS, FENCES AND WALLS Landscape butTers. berms. fences and walls are generaHy pennitted as a principal use throughout Creekside Commerce Park. Required buffer treatments shall tenninate at entr<lOCCS to accommodale entrance treatments and at lakes to accommodatc views into the park. The following standards shall apply: e 10'20"1'.19'10 'let oz..AJ...... -~... 2.9 Agenda Item No. 8B October 24, 2006 Page 135 of 156 A. landscape buffers contiguous 10 Immokalee Road R.O. W, ....ill be installed 3t the time of subdivision improvement per construction phase and will have the following characteristics: e ). Minimum width of 20' -0". measured from the R.O. W. 2. Adjacent to Business District type uses within the Business District. trees will be native. xeric. or naturalized canopy trees. spaced at 25' on center (O,C.), planted at an initial height of 13'-14' overall (O,A,) with a 6' spread. In addition. a continuous 24" high shrub hedge shall be provided within the 20' buffer. B. Landscape buffers contiguous to Goodlette-frank Road R.O. W. will be installed at the time of subdivision improvement per development phase and will have the following characteristic1:: I. Minimum width of20'-O", measured from the R.O.W. 2. Adjacent to Business District type uses within the Business anel Industrial/Commerce (I/C) Districts, trees will be native. xeric. or naturalized canopy trees. spaced at 25' O.c.. planted at an initial height of 12' a.A.. with a 6' spread. At the time of imlividuallot improvements, hedges will be placed at parking lot edges to s3tisfy the requirements of LDC Section 2.4.7.4, 3. Adjacent to industrial type uses within the Industrial/Comm~rce District, trees will be native, xeric or naturalized canopy trees, spaced at 25' a.c.. planted at an initial height of 12. a.A, with a 6' spread. Trees will be placed on a berm. 3 feet high and supplemented with a 5 foot high hedBc consisting of but not limited to the following plant material: coco plum. vi burnam, ficus. The intent will be to obtain 80% opllcity within one year of plnnting for travelers on Goodlctte-Frank Road. C, Landscape buffers surrounding the perimeter of the park will be inst&llled al the time of subdivision improvement per construction phase. The buffers are referenced on Exhibit B. and proceed in a clockwise direction from the northeast comer of the project as follows: I, The landscape buffer along the eastern most property boundary. north of the preserve area, as depicted on Exhibit B. shall consist of an Alternative "A" type buffer. Any preservation areas within this buffer may be crediled \(Iward buffering requiremenlS. e 2. The preserve area along the balance of the eastern most propcrt~. boundary will serve as the buffer between uses. 2.10 1()"ZOtlt',~"l'I Vn D:1-AJen"i,., .1....,1.-- N~'OO't)I)J..'..o Agenda Item No. 8B October 24, 2006 Page 136 of 156 e 3. The Developer will provide a five feet (5') wide Allern~lIive "A" type buffer with trees planted fifty feet (50') on center between the business use and the preserve/Jake area, as depicted on Exhibit B. 4. TIle Developer will provide a five feet (5') wide Alternative "A" type landscape buffer with trees planted fifty feet (50') on cenlcr along the eastern propeny boundary contiguous lo lhl: Collier County SC:\I.'age Treatment Plant. 5. TIle landscape buffer along the southern most propeny boundary, e:lS1 of GoodleHe-Frank Road, shall be a five feel (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center. An opaque hedge six feet (6') high will be planted to supplement the existing oak tree burTer planted by the (')unty ilt the Collier County Sewage Treatment Plant. 6. The existing landscape berm/buffer from Goodlette Frank Road to the west side of the Pine Ridge Drainage Easement will be supplemented as follows: a type "A" buffer along the proposed lake; and the remaining area westward of the lake will be supplemented to consist of 50 sabal palms, 8'-14' O.A. and 4 Ficus nitida 12'.13' O.A. and 6'-8' wide: locations to be coordinated with the adjacent propeny ovmer. 7. The Developer will provide a ninety percent (90%) opaque landscape butTer and berm between the TIC District and the Pelic:m Marsh PUD from the west side of the Pine Ridge Drainage Easement to the existing berm to the west, that approximates the existing ?elican Marsh bennlbuffer. This buffer will be installed concurrent with any I/C construction west of the Pine Ridge Drainage Easement. The buffer shall meet ninety percent (90%) opacity within one (I) year of planting. 8. The Developer will supplement with additional trees lhe buffer along Ihl.: remaining ponion of the southern propeny line westward to achieve a ninety percent (90%) opaque butTer. This buffer will be inslalh:d concurrent with any [IC construction west of the Pine Ridge. Drainage Easement. 9, The landscape buffer between the lIC District and the adjacent Agricultural District along the southern ponion of the western propeny linc will be an Alternative "A" type buITer. 10. The landscape buffer between the R.O. W. and the adjacent Agricultural District to the west will be an Alternative "A" type butTer and be incorporated into the R.O. W. - ICtI'2"'.~" v.., OZI.AJULWU II....U_'.. ~~....J 2.11 Agenda Item No. 88 October 24, 2006 Page 137 of 156 e D. Maximum fence or wall height intemalto the PUD: Twelve feet (12'). E. Landscape bulTers. berms. fences and walls will be constnJcted :lIong the pcrimctl:r of the Creekside Commerce Park PUD boundary concurrent wilh subdivision and site development construction pha.c;e. except where noted in Ihis document. F. Sidewalks. water management systems. drainage structures. and utilities may be allowed in landscape buffers pursuant to review and approval of the Development SelVices Administrator. G. Landscape berms located within the Creekside Commerce Park PUD boundary and contiguous to a propcny line andlor right-oC.way line may be constructed such thaI the toe of slope is located on the property line and/or encroaches into the right-of- way line when approved by the applicable owner or agency. 2.20 SIGNAGE A. GENERAL I, Pursuant to Section 2.5.5.2.3.7. of the LDC, the following conditions provide for the required comprehensive sign plan for the Creekside Commerce Park 2. Each planed parcel shall be considered a separate parcel of land, 3. Signs and decorative landscaped entrance features within a County dedicated right-or.way, shall require a right.of way permit subject to the review and approvnl of the County. 4. All signs shall be localed so as not to cause sighlline obstructions. B. PARK ENTRY SIGNS I. Major park entry signs shall be located as depicted on Exhibit B. Each sign will not exceed 160 square feet in si,ze on any side and signs will be no longer than 25 feet in length and 8 feet in height. 2. Minor park entry signs shall be located as depicted Exhibil B. Each minor monument sign will not exceed 100 square feet in size on any side. Minor monumenl signs will be no larger than 20 feel in length and 6 feel in height. e C. INTERNAL SIGNS J0f10'91.~'N1O y.., O:r'..o\'~"I.",s ..........-.. HQI.IllIIlt..GCJn.OOO..l'.1) 2-12 Agenda Item No. 8B October 24, 2006 Page 138 of 156 Agenda Item No. 8B October 24,2006 Page 139 of 156 tit Community Development and Administrator and applicable Ulility. Environmental Services d) External road frontage setbacks: Pole signs shall be !;ctbDck from an>' external riSht-of.w~y in accordancc with the: applicable section of the LDC. Monument signs may be pcnnilled closer 10 thc right- of-way subjcct to maintaining safe sile distance triangles as per Section 2.4,4, I 6. of the LDC and whcn approved by the Community Development and En..ironmental Services Administrator and applicable utility. e) Spot or Ooodlights may be pennilled pro....ided said light shines only on the signs or landscaping and is shielded from motorists and adjacent residents. n Should the U.S. Postal Service purchase or lease land within Creekside Commerce Park, in addition to the user signs as permincd herein. they will be allowed onc sign between Immokafee Road and the proposed lake adjacent 10 the west entry. E. TRAFFIC SIGNS I. Traffic signs such as street name signs. stop signs. speed limil signs. etc. may be designed to renect a common architectural theme. in accordance with Section 3.2.8,3.19, orthe LDC. 2.21 GENERAL PERMIlTED USES A. Certain uses shall be considered general pennilted uses throughoul the Creekside Commerce Park PUD except in the Preserve Area. General permitted uses arc those uses which generally serve the Developer and tcnanlS of Creekside Commerce Park and are typically part of the common infrastructure. B. General Pennitted Uses: I. Essential services as set fonh under LDC. Section 2,6.9.1. 2. Woter management lncilities and related structures. 3. Temporary sewage trealment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. tit UV20....'.1YQ7(I ,.... or."h,...UI' n......_. NO&oao.nno..ooo-r.o :?-14 Agenda Item No. 8B October 24, 2006 Paqe 140 of 156 Agenda Item No. 8B October 24, 2006 Page 141 of 156 e e 1~'.2991a VII 021..A.kn.... NOIIt()...I)CJO..OO,.., Agenda Item No, 88 October 24, 2006 Page 142 of 156 5. 6. recovery service on a contract or fee basis; tobacco sheeting service on a contrnct or fee basis) Child Day Care Services (Group 8351) Communications (Groups 4812-4899 not including major communications towers related to cellular phone service. radio broadcasting. television broadcasting, radar or telephone service) Computer and Office Equipment (Groups 3571-3579) Construction; Special Trade Contractors (Groups 1711-1799 except for boiler erection and installation contractors: drainage system installations. cesspool and septic tank contractors; fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors; epoxy application conlractors; fireproofing buildings contractors: gasoline pump installation contructors: lead burning contractors; and mobile home site setup and tie down contractors) Depository and Non-Depository Institutions (Groups 6011-6163) Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives: bulk. uncompounded; barbituric acid and derivatives: bulk. uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides. U.S.P; mercury compounds, medicinal: organic and inorganic; morphine and derivatives; opium derivatives) Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools; vocational counseling) Electronics and Other Electrical Equipment Manufacturing (Groups 3612, 3613, 3624, 3625, 3631. 3641-3676, 3678. 3679. 3694. 3695, 3699, except for airport lighting transformers, autotransformers. electric (power transformers) distribution transformers. electric; electric furnace transformers; lighting transformers. street and airport; trnnsformers. reactor~ atom smashers (particle accelerators; electron beam metal cutting, forming. and welding machines; electron linear accelerntors; electrostatic particle accelerators)) Engineering. Accounting. Research. Management and Related Services (Groups 8711-8748 except chemical laboratories. commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing. except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories; veterinary testing laboratories) Fabricated Metal Products (Groups 3411-3432. 3442. 3444, 3446, 3452, 3469,3492,3495,3496, production ofmetaJ is prohibited) Furniture and Fixtures Manufacturing (Groups 251 1-2599) Government OfficeslBuildings (Groups 9111-9 J 99, 9221, 9222, 9224-9229. 9311.9451.9511-9532.9611.9631-9661) Industrial and Commercial Machinery (Groups 3524. 3546, 3553-3556, 3559. 3562, 3564-3566. 35& 1-3599 except for bronzing and dusting machines for printing trades; foundry type for printing; presses. printing . ).2 7. 8. 9. 10. 11. 12. 13. 14. 15. \6. J 7. e e 1~7.2t9'JO 'I.... OZt.AhMiftI ,. .. . t.--.. 1'Q~,..tt Agenda Item No. 8B October 24,2006 Page 143 of 156 slugs printers'; ammunition and explosives loading machinery: brick making machines; cement making machincr)'; chemical kilns: control rod drive mcchMisms for use on nuclear reactors: foundry machinery and equipment; frame straighteners. llutomotive (garage equipment); fur sewin!: machines; giMing machines, cotton; metal finishing equipment for plating, except rolling mill lines; metal pickling equipment, except rolling mill lines) 18. Leather and Leather Products (Groups 3131-3199) 19. Mensuring, Analyzing, and Controlling Instruments; Photographic, Medicol and Optical Goods: Watches and Clocks Manufacturing (Groups 3812-3843. 3845-3873) 20. Membership Organizations (Groups 8611-8631 ) 21. Miscellaneous Manufacturing Industries (Groups 391 ]-3999 except for dressing of furs: bleaching, blending, curring, scraping, and tanning; feathers: curlin~, dyeing, and renovating - for the trade; fur stripping; furs dressed: bleaclled, curried, scraped, tanned, and dyed; pelts: scraping, curring, tanning, bleaching and dyeing; plumes. feather; tear gas devices and equipment; veils made of hair) 22. Motion Picture Production (Groups 7& 12-7819) 23. Motor Freight Transportation (Groups 42 I 4,4215) 24. Packing and Crating (Group 4783) 25. Paper and AlIied Products (Groups 2652-2657, 2673-2679) 26. Personal Services (Groups 7213. 7216. 7219. 7221) 27. Physical Fitness Facilities (Group 7991) 28. Plastic Mlltcrials and Synthetics (Groups 2833,2834) 29. Printing, Publishing and Allied Industries (Groups 2711.2791) 30. Professional Offices: including but not limited to, Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311- 6399); Real Estate (Groups 6512. 6514,6517.6519.653 1.654].6552.) 31. Rubber and Miscellaneous Plastic Products (Groups 3021, 3085, 3086. J088. 3089) 32. Transporution Equipment (Group 3732. except for boats, fiberglass: building and repairing; boats: motorboats, sailboats. rowboats. and canoes - building and repairing; houseboats, building and repairing; motorboats, inboard and outboard: building and repairing) 33. United States Postal Service (Group 4311) 34. Warehousing and Storage (Group 4225, 4226. 5014 except oil and gas storage, petroleum and chemical bulk stations and automobile dead storage) Only one (I) self stornge use allowed to be locllted adjacent to the Collier County Sewage Treatment Plant. 35. Wholesale Trade-Durable Goods (Groups 5021-503 I. 5043-5049. 5063- 5074, 5078.5091. 5092. 5094-5099 except lor fencing. wood.wlw":salt:: lumber: rough. dressed. and finished-wholesale; batteries, except automotive-wholesale: storage baneries. industrial-wholesale: unit substations.wholesale; boilers, power: industrial-wholesale; boilers, stc::arn 3.] Agenda Item No, 8B October 24, 2006 Page 144 of 156 Agenda Item No. 88 October 24, 2006 Page 145 of 156 Agenda Item No. 8B October 24,2006 Page 146 of 156 Agenda Item No, 8B October 24,2006 Page 147 of 156 Agenda Item No. 8B October 24, 2Q06 Page 148 of 156 e Agenda Item No. 8B October 24,2006 Page 149 of 156 Agenda Item No, 8B October 24, 2006 Page 150 of 156 .. Agenda Item No. 8B October 24, 2006 Page 151 of 156 Agenda Item No, 8B October 24, 2006 Page 152 of 156 coc.oc.o COOLO 0.,... C"_, N__ .0 ~C'o'") cNLO (I)....,... .....(1) -..0(1) moO) '0.....('0 CUo. (1)0 0) <C . r:-r= -- - - ---- ---- ----- -------. ---- ~,....... _-.z.'\.::r'I~~.""".c=::. ~:W-.,Qi__'; ,.~?: ~~....::. -_..__._~. ~~ _....__:a:1:l.. -....-.----........ ................-.. ... - ............ .--.. .... - -.-..-.. ...... ....._~ ." ..... ,-.,.... ...... . ........ ....- - . r--U1j !! ~~ -- \\ 1/1 I ~ I ~k. I,. ,; i 1"11 ~ I! - , ' i - _....,... l /: .........-.. I I ...~,. --- II; . - Agenda Item No. 88 October 24, 2006 Page 154 of 156 A LEGAL PROFESSIONAL ASSOCIATION Agenda Item No. 8B October 24,2006 850PARKSHOREDRrfage 155 of 156 TRIANON CENTRE. THIRD FLOOR NAPLES, FL 34103 239.649.2708 DIREcr 239.649.6200 MAIN 239.261.3659 FAX banderson@ralaw,com IIIIIBII@ANDRESS II September 15.2006 VIA HAND DELIVERY AND E-MAIL Mr. James V. Mudd, County Manager Collier County Government 3301 East Tamiami Trail Naples, FL 34112 Re: Request to Reconsider - Naples Daily News PUD (pUDZ-2005-AR-8833) and Creekside Commerce Park PUD Amendment (pUDA-2005-AR-8832) Dear County Manager Mudd: As the Petitioner's agent on both of the above-referenced items which were acted upon at the September 12, 2006 County Commission Meeting, 1 am filing this Request for Reconsideration of both items pursuant to Section 2-41 and Section 2-42 of the Collier County Code of Ordinances. Section 2-41 is applicable to the rec,onsideration of the approval of the Creekside PUD Amendment, and Section 2-42 is applicable to the request to reconsider the denial of the Naples Daily News PUD. The grounds for this reconsideration request are that there was a misunderstanding as to compliance of the Naples Daily News PUD with the Land Development Code and the Growth Management Plan; and the Amendment to the Creekside PUD was to rezone 2.3 acres of that PUD to become part of the denied Naples Daily News PUD. Both of these are companion items and should be considered together. It is my understanding from Joe Schmitt that if the reconsideration is approved at the September 26 County Commission meeting, that the earliest date both Petitions could be advertised and scheduled for hearings by the Commission is October 24. I would respectfully request that the County schedule and advertise the re-hearings on the merits for the October 24, 2006 County Commission meeting. Thank you very much for your attention to this matter. Should you have any questions, please do not hesitate to contact me. Sincerely, \( .~ ;~cb'V~~~ R. Broce Anderson F or the Firm RBA: CLEVELAND TOLEDO AKRON COLUMBUS ClNClNNATI WASHINGTON, D.C, TAllAHASSEE FoRTMYERS NAPLES 508302,111878.0005 www.ralaw.com Agenda Item No. 88 October 24, 2006 Page 156 of 156 Mr. James Mud~ et. al. September 15, 2006 Page 2 cc: ALL VIA E~MAIL Commissioner Tom Henning Commissioner Fred Coyle Commissioner James Coletta Commissioner Donna Fiala Commissioner Frank Halas Mr. Paul Marinelli Mr. John Fish Mr. Wayne Amold Mr. Joseph Schmitt Mr. Mike DeRuntz David C. Weigel, Esq. Marjorie Student-Stirling, Esq. 501l302.111878.000S Agenda Item No, 8e October 24,2006 Page 1 of 273 SUPPLEMENT AL EXECUTIVE SUMMARY Petition: PUDZ-2005-AR-8833, Collier Publishing Company, Inc. d/b/a Naples Daily News, represented by D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., and R. Bruce Anderson, Esquire, of Roetzel & Andress, L.P.A., requesting a rezone from Rural Agricultural (A) and Creekside Commerce Park Planned Unit Development (PUD) to a Business Park Planned Unit Development (BPPUD) for a project to be known as Naples Daily News Business Park Planned Unit Development (BPPUD). The subject property is located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. (This is being submitted simultaneously with the Creekside Commerce Park PUD as a Fast Track). (Companion Item to: PUDA-2005-AR-8832) PROJECT STATUS: The Board of County Commissioners (BCC) originally heard and did not give a super majority vote of approval for this petition on September 12, 2006. The Executive Summary that was prepared for that hearing has been included in the information provided for this hearing. - At the September 26, 2006 BCC hearing, the BCC approved a motion to reconsider PUDA- 2005-AR-8832 Creekside Commercial Park PUD and PUDZ-2005-AR-8833 Naples Daily News. The BCC requested that these petitions be advertised and heard at the October 24, 2006 BCC meeting. On October 2, 2006, the County received a letter from the Collier's Reserve Association stating that they are withdrawing their June 9, 2006 letter of support for the Naples Daily News rezoning request. A copy of this letter is attached. Their concerns were related to noise and traffic impacts to Collier Reserves property owners. SUPPLEMENTAL ANALYSIS: The applicant's agent has not provided staff with additional information or any modifications to this petition. The applicant's agent will be providing information as part of the oral presentation at the October 24, 2006 BCC meeting. PREPARED BY: Michael 1. DeRuntz, Principal Planner Department of Zoning & Land Development Review ~ NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833 EXECUTIVE SUMMARY Page 1 of 1 Item Number: Item Summary: Meeting Date: Agenda Item No. 8e October 24, 2006 Page 2 of 273 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8C ThiS Item to be heard all.30 p.m, This item was continued trom the June 20, 2006 BCC meeting, the September 12, 2006 BCC meeting and the September 26, 2006 BCC meeting, ThiS Item requires that all particIpants be sworn In and ex parte disclosure be provided by CommisSion members, PUDZ-2005-AR-8833, Collier Publishing Company, Ine d/b/a Naples Dally News, represented by D Wayne, Arnold. AICP. of Q. Grady Minor & Associates, PA., and R Bruce Anderson. Esquire, of Roetzel & Andress. L.P.A., requesting a Business Park Ptanned Unit Devetopment (SPUD) rezone from Rural Agncullural (A) and Creekside Commerce Park PUD for project known as Naples Daily News Business Park Planned Unit Development (SPPUD) The subject property IS located In Section 27, Township 48 South, Range 25 East Cottier County, Ftonda, (This IS being submitted simultaneously with the CreeksIde Commerce Park PUD as a Fast TraCK) (Petitioner's request.) (Companion Item PUDA-2005-AR,8832) 10124/2006 9:0000 .AM Transportation Planning Director Date Approved By Donald L. Scott Transportation Services Transportation Planning 1 0/612006 2: 17 PM Constance A. Johnson Operations Analyst Date Approved By Community Development & Environmental Services Community Development & Environmental Services Admin. 1019120068:38 AM Date Approved By Marjorie M. Student.Stirllng Assistant County Attorney 101101200610:15 AM Approved By County Attorney County Attorney Office Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 10110120068:58 PM Approved By Joseptl K. Schmitt Community Development & Environmental Services Community Development & Environmental Services. Adminstrator Date Community Development & Environmental Services Admin. 10111/200610:00 AM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 10111120062:36 PM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budgot 10111/2006443 PM Approved By James. V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10112120069:28 AM Agenda Item No, Be October 24,2006 Page 3 of 273 EXECUTIVE SUMMARY Petition: PUDZ-2005-AR-8833, Collier Publishing Company, Inc. d/b/a Naples Daily News, represented by D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., and R. Bruce Anderson, Esquire, of Roetzel & Andress, L.P.A., requesting a rezone from Rural Agricultural (A) and Creekside Commerce Park Planned Unit Development (PUD) to a Business Park Planned Unit Development (BPPUD) for a project to be known as Naples Daily News Business Park Planned Unit Development (BPPUD). The subject property is located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. (This is being submitted simultaneously with the Creekside Commerce Park PUD as a Fast Track). (Companion Item to: PUDA-2005-AR-8832) OBJECTIVE: To have the Board of County Commissioners (BCC) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced rezone petition and render a decision regarding the petition. CONSIDERATIONS: The subject property contains approximately 35.24 acres and has a zoning designation of Rural Agricultural (A) and Creekside Commerce Park PUD. The property is an assemblage of five tracts of land: a 2.32 acre area from Creekside Commerce Park PUD; 21 acres and 2.25 acres of cultivated row agriculture and undeveloped agricultural area; 7.8 acres of lakes, cart paths and buffer and preserve areas; and 2 acres of a portion of the existing Creekside Boulevard. This assemblage of properties primarily exists west of Creekside Commercial Park PUD, but approximately 7.8 acres is surrounded by Pelican Marsh (Bay Colony Golf Club). A portion of the 7.8 acre tract of land was originally a part of the Pelican Marsh DRI that was approved though Resolution 95-71 (Pelican Marsh Community Master Plan). Due to some development encroachments that occurred with the construction of the golf course, a settlement agreement was reached between Westinghouse Communities of Naples, Inc. and Ocean Boulevard Partnership (See Letter June 6, 2006, Exhibit C). In 1999, the Pelican Marsh Community PUD was amended to reflect this agreement (See 1999 Pelican Marsh Community PUD Master Plan). The subject properties are designated Urban (Urban - Mixed-Use, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. The properties lie adjacent and to the south and east of the established Activity Center #2 located at the intersection of Tamiami Trail North and Immokalee Road. This rezoning proposes industrial and light industrial uses including, but not limited to, multi- media publishing, printing, broadcasting and other communication and information technologies, and mediums and accessory uses, consistent with the Business Park Sub-district of the Urban Mixed-Use District of the Future Land Use Element of the Collier County Growth Management NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833 Page 1 of 1 3 EXECUTIVE SUMMARY e e Agenda Item NO.Be October 24, 2006 Page 4 of 273 Plan (GMP). The GMP requires that Business Park Sub-district be developed as a mix of industrial uses and non-industrial uses, designed in an attractive park-like environment with low structural density where building coverage ranges between 25 and 45 percent and where landscaped areas provide for buffering and enjoyment by the employees and patrons of the park. A maximum of 400,000 square feet of light industrial land uses are proposed, with the principal structure being located on Parcel "A" and a smaller structure on Parcel "B". The maximum height in a Business Park is 35 feet and in an Industrial zoned district is 50 feet. The maximum height proposed for the structure on Parcel A is 75 feet and 35 feet for the structure on Parcel B. The maximum total building area was not exceeded with only 26 percent of the total site area being utilized from the two buildings proposed. The percent of open space is proposed at 11.38 acres or 32 percent of the total site area (8.75 acres Open Space/2.63 acres Preserve). The majority of the open space is located in the appendage of land that is surrounded on three sides by Pelican Marsh DR! (Bay Colony Golf Club) and access by the employees and customers of the proposed business park will be restricted. Access to the subject property would be from two existing roadways: Creekside Way off of Immokalee Road, and Creekside Boulevard, which runs east and west from Goodlette-Frank Road and U.S. Highway 41 (Tamiami Trail). The County staff has received confirmation from the Bay Colony Property Owner's Association (Exhibit 1) and Collier's Reserve Association (Exhibit 2) that they are supportive of the rezoning request. The applicant has revised the PUD document to include an "Affordable Housing" contribution, identified in Section 6.8., A "Noise Study," and revised "Master Plan" which provided a potential vehicular interconnection to the Granada Shoppes PUD. FISCAL IMPACT: The use, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the Rezone is approved, the existing land will be developed, and the new development will result in an impact on Collier County public facilities. The County collects all applicable impact fees before the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund identified projects in the Growth Management Plan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of Section 10.02.07(C) of the Land Development Code, fifty percent (50%) of the estimated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Other fees collected before the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze _ this petition. NAPLES DAILY NEWS SPUD, PUDZ-2005-AR-8833 Page 2 of 13 EXECUTIVE SUMMARY Agenda Item No. Be October 24,2006 Page 5 of 273 e GROWTH MANAGEMENT IMPACT: Future Land Use Element (FLUE): The subject property is designated Urban (Urban - Mixed- Use, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP). 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. However, the Business Park Subdistrict is a text-based provision, allowed throughout the Urban Designation that allows a mix of industrial uses and non-industrial uses, designed in an attractive park-like environment with low structural density where building coverage ranges between 25 and 45 percent and where landscaped areas provide for buffering and enjoyment by the employees and patrons of the park. The Activity Center Sub-district lists "factors to consider during review of a rezone petition" within a Mixed-Use Activity Center. The subject property is already zoned commercial and will be replacing its present commercial land uses with other commercial uses, given this CPUD. In this manner, the rezone petition generally conforms to these review factors. Based upon the above analysis, staff concludes that the proposed rezone may be deemed consistent with the Future Land Use Element. A more detailed analysis of the FLUE consistency is contained in the attached staff report. Transportation Element: The project was reviewed based on the current Transportation Impact Statement (TIS) guidelines and with respect to Policy 5.1 of the Collier County Transportation .- Element of the GMP. The project is located in the northwest Transportation Concurrency .. Management Area (TCMA). The project was reviewed at build-out and the five year planning period. The TCMA is expected to function at an acceptable level of service within the five year planning period when both project trips and back groUnd traffic are considered. The project is consistent with Policy 5.1 of the Transportation Element in the Growth Management Plan. However, several intersections will not function at acceptable levels of service with both back ground traffic and the additional project trips unless additional mitigation is provided. Therefore, the Transportation Services Division recommends approval with the following conditions: 1. The developer will provide a connection road extending Creekside Way to Creekside Boulevard. 2. The developer agrees to provide the SCOOT traffic management system at the intersection of Immokalee Road and U8-41 and the next two signalized intersections heading eastbound on Immokalee Road. 3. The developer shall be responsible for fair share payments to signalize the intersections of Creekside Boulevard and U8-41 and Creekside Boulevard and Goodlette-Frank Road if and when warranted. The proportionate share shall also apply to intersection improvements needed to facilitate the signalization. 4. The developer agrees to provide a Transportation Concurrency Management Area (TCMA) proportionate share road impact fee increase of 15%. Credit towards the 15% increase shall be given for the SCOOT system and the extension of Creekside Way only. e NAPLES DAILY NEWS BPPUD. PUDZ-2005-AR-8833 Page 3 of 13 EXECUTIVE SUMMARY Agenda Item No. 8e October 24,2006 Page 6 of 273 5. The developer agrees to apply at least four transportation demand strategies at the development order stage as defined in Policy 5.6 of the transportation element of the GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES: Because the site was previously impacted from agricultural activities, no Environmental Impact Statement (EIS) was required to be submitted. As a result, the Environmental Advisory Council (EAC) did not review this petition. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this rezone petition at its June 15, 2006 meeting. The CCPC voted 4 to 2 to forward this petition to the BCC with a recommendation of approval subject to staffs recommended conditions of approval and including the following: 1. The approval ofPUDZ-2005-AR-8833, Naples Daily News BPPUD shall be conditioned upon the approval of PUDA-2005-AR-8832, which amends the Creekside Commerce Park PUD. 2. The approval of Naples Daily News BPPUD shall be conditioned upon the following deviations from the Land Development Code. A. A deviation from Section 4.06.02.C.5 of the LDC to provide a 20-foot wide landscape buffer, without a 6-foot high wall, berm or wall and berm combination B. A deviation from Section 4.06.02.A.3 of the LDC to permit required landscape buffers and signs within recorded water and wastewater easements consistent with grant of easement restrictions as recorded in O.R. Book 2712, Pages 0624 - 0626, and O.R. Book 2712, Pages 0610 - 0612. 3. The preserve (acreage) provided needs to be in Section 6.6.B. of the PUD document and on the Master Plan. 4. All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10- foot setback. 5. The south side of Parcel "A" shall be heavily planted with trees and shrubs to create the needed park-like setting and help with buffering noise and odor from printing activities on this Parcel. 6. Storm water from the subject property shall be retained and treated on site before it is discharged into the two existing lakes which are being incorporated into this property. 7. Provide an additional 30 percent of the minimum code trees along the north perimeter buffer. This 30 percent shall consist of tall native species whose height would help to block the northern view of the 75 foot tall industrial building. 8. A North Arrow shall be provided on Exhibit "E". 9. Section 3.3A5 of the PUD document should be changed to reference "Standard Industrial Classification (SIC) Manual Codes as adopted by Collier County and included in the Local Development Code" (Collier County does not use NAICS Manual) to allow staff to determine use consistency. 10. Amend Section 2.4 to add item F and identify all proposed uses in Section 3.3 that are not listed in the BP zoning district per the SIC Manual Codes. NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833 Page 4 of 13 EXECUTIVE SUMMARY Agenda Item No, Be October 24,2006 Page 7 of 273 11. The payment of approximately $75,000 to fund the installation of the SCOOT system at the US-41 and Immokalee Road intersection along with the next two easterly signalized intersections. The system is intended to recapture capacity by modifying signal timing based on approach demand using real time analysis. 12. The extension of Creekside Way southerly to Creekside Boulevard shall be provided. The extension would provide additional by-pass of the Immokalee Road intersections. 13. The inclusion of transportation demand strategies along with a proportionate share payment not to exceed 15 percent above the road impact fees. The additional funds would be used to fund intersection improvements, transit and increase pedestrian mobility within the TCMA. 14. The inclusion of language in the PUD detailing fair share payments to the signalization of Creekside Boulevard at the US-41 and Goodlette-Frank Road intersections if and when warranted or other intersection improvements within the TIS study area. 15. Delete deviations 2, 4 & 5 (in PUD listed as B, D & E) 16. Approve staffrecommendations 1-4, 6-9 and 15. 17. Include items 1, 3 & 4 from Bay Colony Agreement (See Letter June 14,2006, Exhibit 1) A. Barron Collier and Naples Daily News agree to supplement the existing Ficus hedge which presently serves as a buffer between the proposed PUD and the Bay Colony Development with 80 Live Oak trees 12 foot high with a minimum of spread of 6' at the time of planting. Additionally these Oak trees will be supplemented with ficus trees, to the extent Collier County will allow the use of Ficus trees, to create an opaque buffer. Naples Daily News and Barron Collier Company agree to work with the Bay Colony Property Owners Association to gain County approval for the use of Ficus trees. The supplementary Oaks and Ficus will be located in the buffer area at field selected locations between the Creekside PUD on the east and the point on the west where the buffer turns south. This distance is approximately 1,100 feet. B. The development of Parcel "B" shall be subject to the following limitations: a) No outside lighting on the southern side of any building constructed on parcel "B" and no lighting of the parking lot except to the extent required by County; To the extent parking lot lighting is required, "cutoff' type fixtures or shields will be used to direct the light downward onto the parking lot. b) Any loading facility will be located only on the north facing portion of any building, and building height is limited to twenty- five feet (25') above minimum required flood elevation. C. Naples Daily News agrees with respect to the building(s) that it will construct on Parcel "A": a) The only outside architectural lighting allowed will be on the north side on the building. b) No signage, other than directional, shall be located on the south side of the building. There will be no lighted signage on the seventy-five foot (75') high portion of the building in any direction, nor shall there be any antennas or satellite dishes placed upon the top of the seventy-five foot (75') high portion of the building. NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833 Page 5 of 13 EXECUTIVE SUMMARY Agenda Item No. Be October 24,2006 Page 8 of 273 e e 18. Approval is based on all Exhibits entered into the record including digital representations of buildings. 19. Parcel B will have no outdoor storage or fabrication, 20. No on-site sales of alcoholic beverages, 21. Actual height shall be a maximum.of75 feet as defined by Zoned height, 22. Exclude all references to NAICS and NAICS code numeric references and utilize remaining language where NAICS references were previously used, 23. Setbacks for structures over 50 feet will have a maximum height limitation of 2 feet horizontal to 1 vertical foot to all property lines, 24. The developer will provide a connection road extending Creekside Way to Creekside Boulevard, 25. The developer agrees to provide the SCOOT traffic management system at the intersection of lmmokalee Road and US-41 and the next two signalized intersections heading eastbound on lmmokalee Road, 26. The developer shall be responsible for fair share payments to signalize the intersections of Creekside Boulevard and US-41 and Creekside Boulevard and Goodlette-Frank Road if and when warranted. The proportionate share shall also apply to intersection improvements needed to facilitate the signalization, 27. The developer agrees to provide a Transportation Concurrency Management Area (TCMA) proportionate share road impact fee increase of 15 percent. Credit towards the 15 percent increase shall be given for the SCOOT system and the extension of Creekside Way only, 28. The developer agrees to apply at least four transportation demand strategies at the development order stage as defined in Policy 5.6 of the Transportation Element of the GMP, 29. Uses in preserve area will coincide with those uses as allowed in existing conservation easements, 30. Update PUD drainage plan to equivalent plan as presented at the June 15, 2006 CCPC meeting, 31. Pelican Marsh CDD to review water management plans and maintenance costs for the southern water management lake, maintenance costs to be paid to the CDD, 32. Parcel B will be limited to the uses allowed in Parcel A and the following additional use designations from the Creekside PUD presented today as a companion item: From Creekside uses: Section 3.3 A: numbers 1,2,3,8,12,15,17,18,19,25,28,31,32,35,& 36. From Section 3.3 B: number 2, 33. When Creekside Way is extended this will not require the adjoining side of the Parcel A building to be considered a primary fayade, 34. Buffers within the PUD will be 25 feet wide and shall not are not required to have six- foot high walls or berms within them. e One Planning Commissioner was concerned that the petitioner provide for affordable housing, and the other expressed a concern that while the petition may have met the letter of the law, it did not meet the intent of the law with respect to the following: the subject area of Naples Daily News BPPUD meeting the contiguous minimum area requirement; meeting the park-like setting; the appendage portion of the subject property not being a functional portion of the property; the incompatibility of the proposed use and the maximum building height to the surrounding NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833 Page 6 of 13 EXECUTIVE SUMMARY Agenda Item No.Se October 24, 2006 Page 9 of 273 properties; storm water mitigation was not adequately addressed; and the lack of sufficient e mitigation to off-set the negative impact to the adjoining properties. Since this petition did not received unanimous approval, it is being placed in the Regular Agenda. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are based upon the listed criteria in Chapter 10.03.05 and Chapter 10.02.13 ofthe LDC. These evaluations are completed as separate documents that are attached as exhibits "A" and "B" of the staff report. A s:urnmary of the most applicable findings that contain staffs evaluation of the pros and cons of the project in relation to the findings, are noted below: Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: The applicant has identified in the "Statement of Compliance" of the Naples Daily News BPPUD document they will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. Con: Staff has concerns that the project did not provide for multiple buildings, as e intended in the GMP, and did not provide for a park-like setting. The majority of the "open space" would be restricted from access to the employees and the patrons of the business park, access to the business park was not directly off of an arterial or collector road, and the maximum building height of 75 feet exceeded the maximum height for business parks of 35 feet and 50 feet for industrial districts. The Comprehensive Planning Department has indicated that the proposed Naples Daily News BPPUD is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) subject to revisions to the PUD Document. Findings: Based on the staff's review, the proposed development would be in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County if the listed conditions were addressed. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The Naples Daily News BPPUD parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE of the GMP. Con: The assemblage of the five parcels of property to facilitate the minimum area required for a Business Park created a gerrymandered parcel of property that is not ... accessible by those using the subject property and encroaches into an area developed as .. upper end single-family residences and private golf course. NAPLES DAILY NEWS BPPUD. PUDZ-2006-AR-8833 EXECUTIVE SUMMARY Page 7 of 13 Agenda Item No, 8e October 24, 2006 Page 10 of 273 Findings: The proposed Naples Daily News is not compatible with the adjoining residential land uses, but if the recommended conditions were met, adequate ameliorating elements would be provided. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The subject site is surrounded by a six lane County roadway (CR 846) to the north, commercial land uses to the east and west, and Pelican Marsh DRI to the south. The subject property occupies an area that is underdeveloped or within an easement area that is utilized by Bay Colony Golf Club. Con: The 7.8 acres appendage that extends into Pelican Marsh DRI serves no usable purpose other than providing the necessary acreage needed for a business park and providing the required open space. The 2.32 acre area that was added from the Creekside Commercial Park PUD was developed to serve the needs of that permitted land use. Findings: The proposed PUD district boundaries are not logically drawn, but the gerrymander configuration was necessary to get the required acreage needed for a Business Park. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The County's current land use policies in the F.L.U.E. support the action to encourage economic development, diversity and retention. Con: Staff is of the opinion that the proposed Naples Daily News BPPUD is not compatible with adjacent residential and commercial land uses due to the related noise, odor, and building massing related to the proposed newspaper press operation to the adjoining Pelican Marsh DRI and Collier Tract 22 PUD unless the recommended mitigation is adopted. Findings: The proposed Naples Daily News BPPUD is not compatible with adjacent land uses due to the related noise, odor, and building massing related to the proposed newspaper press operation, but the proposed conditions would aid in creating ameliorating elements. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: The project was reviewed based on the current Transportation Impact Statement (TIS) guidelines and with respect to Policy 5.1 of the Collier County Growth Management Plan transportation element. The project is located in the northwest NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833 Page 8 of 13 EXECUTIVE SUMMARY Agenda Item No. 8e October 24,2006 Page 11 of 273 Transportation Concurrency Management Area (TCMA). The project was reviewed at build-out and the five year planning period. The TCMA is expected to function at an acceptable level of service within the five year planning period when both project trips and back ground traffic are considered. The project is consistent with Policy 5.1 of the Transportation Element in the Growth Management Plan. Con: The proposed change will result in an overall increase in daily trips by 5,047 from the Naples Daily News BPPUD, as determined by the Traffic Impact Statement and several intersections will not function at acceptable levels of service with both back ground traffic and the additional project trips. Findings: Staff believes that the proposed conditions would aid in creating ameliorating elements which would offset the adverse impacts from the proposed land uses. Whether the proposed change will create a drainage problem; Pro: The proposed change incorporates two existing water management systems, one from Creekside Commercial Park PUD and Pelican Marsh DR!. The proposed stormwater drainage will incorporate these and provide others to meet the regulations of Collier County and South Florida Water Management District. The subject property is in Flood Zone AE 11 and all development will be required to meet County and FEMA flood protection regulations. Con: Urban intensification could potentially Increase area-wide flooding III a severe rainfall event. Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro: The subject property is designated Urban (Urban - Mixed-Use, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. 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. Con: Staff has identified that the PUD document did not provide for multiple buildings, and did not provide for a park-like setting. The majority of the "open space" would be restricted from access to the employees and the patrons of the business park; access to the business park was not directly off of an arterial or collector road, and the maximum building height exceeded the maximum height for business parks and industrial districts. Findings: The proposed rezone to BPPUD is in compliance with the Growth Management Plan with the conditions that have been identified, which a public policy NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833 Page 9 of 13 EXECUTIVE SUMMARY Agenda Item No. Be October 24, 2006 Page 12 of 273 statement is supporting zoning actions when they are consistent with said plans. In light of this fact the proposed BPPUD would constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: The nearby area is developed with industrial, commercial and residential uses and the petition is for industrial and commercial uses. The petitioner is setting aside a preserve area and has agreed to EAC recommendations regarding mangrove protection. The project will be required to comply with all county regulations regarding drainage, sewer, water and other utilities and has agreed to assist in roadway improvements to Lakeview Drive. Con: Staff has identified that the PUD document did not provide for multiple buildings, as intended in the GMP, and did not provide for a park-like setting. The majority of the "open space" would be restricted from access to the employees and the patrons of the business park; access to the business park was not directly off of an arterial or collector road, and the maximum building height exceeded the maximum height for business parks and industrial districts. The Comprehensive Planning Department has indicated that the proposed Naples Daily News BPUD is not consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Findinl?s: Staff believes that the proposed conditions would aid in creating ameliorating elements which would offset the adverse impacts from the proposed land uses. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The petitioner states that the petition is compatible with the surrounding land uses. Con: The proposed rezoning request while meeting the total area requirement and the minimum building coverage requirements of the Business Park criteria within the GMP, the applied use of the subject property significantly deviates from the intent of the Business Park design. Issues with providing adequate area for a park-like setting, the limited number of buildings making up the park, the desire to limit buffering which would aid in ameliorating adverse impacts to adjoining properties, and the excessive height proposed will contribute to visual blight to the adjoining properties. NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833 Page 10 of 13 EXECUTIVE SUMMARY Agenda Item No, 8e October 24, 2006 Page 13 of 273 Findings: Staff believes that the proposed conditions would aid in creating ameliorating elements which would offset the adverse impacts from the proposed land uses. (see Staff Report). The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: The petition meets the minimum Open Space requirements of 30 percent. Con: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code (32 percent). Of that amount, the majority of the open space is located in the appendage of land that is surrounded on three sides by Pelican Marsh DRI (Bay Colony Golf Club) and access by the employees and customers of the proposed business park will be restricted Findings: Staff believes that the proposed conditions would aid in creating ameliorating elements which would offset the adverse impacts from the proposed land uses. ZONING DEPARTMENT RECOMMENDATION: That the Collier County Board of County Commissioners (BCC) approve petition PUDZ-2005- AR-8833 subject to the following staff and CCPC conditions of approval: 1. The approval of PUDZ-2005-AR-8833, Naples Daily News BPPUD shall be conditioned upon the approval ofPUDA-2005-AR-8832. 2. The approval of PUDZ-2005-AR-8833, Naples Daily News BPPUD shall be conditioned upon the following deviations from the Land Development Code. A. A deviation from Section 4.06.02.C.5 of the LDC to provide a 20-foot wide landscape buffer, without a 6-foot high wall, berm or wall and berm combination. B. A deviation from Section 4.06.02.A.3 of the LDC to permit required landscape buffers and signs within recorded water and wastewater easements consistent with grant of easement restrictions as recorded in O.R. Book 2712, Pages 0624 - 0626, and O.R. Book 2712, Pages 0610 - 0612. 3. The preserve (acreage) provided needs to be in Section 6.6.B. of the PUD document and on the Master Plan. 4. All principal structures shall have a minimum setback of 25' from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10-foot setback. 5. The south side of Parcel "A" shall be heavily planted with trees and shrubs to create the needed park-like setting and help with buffering noise and odor from printing activities on this Parcel. 6. Storm water from the subject property shall be retained and treated on site before it is discharged into the two existing lakes which are being incorporated into this property. 7. Provide an additional 30 percent of the minimum code trees along the north perimeter buffer. This 30 percent shall consist of tall native species whose height would help to block the northern view of the 75 foot tall industrial building. 8. A North Arrow shall be provided on Exhibit "E". NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833 Page 11 of 13 EXECUTIVE SUMMARY Agenda Item No, Be October 24, 2006 Page 14 of 273 9. Section 3.3A5 of the PUD document should be changed to reference "Standard Industrial Classification (SIC) Manual Codes as adopted by Collier County and included in the Local Development Code" (Collier County does not use NAICS Manual) to allow staff to determine use consistency. 10. Amend Section 2.4 to add item F and identify all proposed uses in Section 3.3 that are not listed in the BP zoning district per the SIC Manual Codes. 11. The payment of approximately $75,000 to fund the installation of the SCOOT system at the US-41 and Immokalee Road intersection along with the next two easterly signalized intersections. The system is intended to recapture capacity by modifying signal timing based on approach demand using real time analysis. 12. The extension of Creekside Way southerly to Creekside Boulevard. The extension would provide additional by-pass of the Immokalee Road intersections. 13. The inclusion of transportation demand strategies along with a proportionate share payment not to exceed 15 percent above the road impact fees. The additional funds would be used to fund intersection improvements, transit and increase pedestrian mobility within the TCMA. 14. The inclusion of language in the PUD detailing fair share payments to the signalization of Creekside Boulevard at the US-41 and Goodlette-Frank Road intersections if and when warranted or other intersection improvements within the TIS study area. 15. Delete deviations 2, 4 & 5 (in PUD listed as B, D & E) 16. Approve staff recommendations 1-4, 6-9 and 15. 17. Include items 1,3 & 4 from Bay Colony Agreement (See Letter June 14,2006, Exhibit 1) 18. Barron Collier and Naples Daily News agree to supplement the existing Ficus hedge which presently serves as a buffer between the proposed PUD and the Bay Colony Development with 80 live Oak trees 12' high with a minimum of spread of 6' at the time of planting. Additionally these Oak trees will be supplemented with ficus trees, to the extent Collier County will allow the use of Ficus trees, to create an opaque buffer. Naples Daily News and Barron Collier Company agree to work with the Bay Colony Property Owners association to gain County approval for the use of Ficus trees. The supplementary Oaks and Ficus will be located in the buffer area at field selected locations between the Creekside PUD on the east and the point on the west where the buffer turns south. This distance is approximately 1,100 feet. 19. The development of Parcel "B" shall be subject to the following limitations: A. No outside lighting on the southern side of any building constructed on parcel "B" and no lighting of the parking lot except to the extent required by County, To the extent parking lot lighting is required, "cutoff' type fixtures or shields will be used to direct the light downward onto the parking lot. B. Any loading facility will be located only on the north facing portion of any building, and building height is limited to Twenty-five feet (25') above minimum required flood elevation. 20. Naples Daily News agrees with respect to the building(s) that it will construct on Parcel "A": A. The only outside architectural lighting allowed will be on the north side on the building. B. No signage, other than directional, shall be located on the south side of the building. There will be no lighted signage on the seventy-five foot (75') high portion of the building in any direction, nor shall there be any antennas or satellite NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833 Page12of13 EXECUTIVE SUMMARY Agenda Item No. 8e October 24, 2006 Page 15 of 273 dishes placed upon the top of the seventy-five foot (75') high portion of the building. 21. Approval is based on all Exhibits entered into the record including digital representations of buildings. 22. Parcel B will have no outdoor storage or fabrication 23. No on-site sales of alcoholic beverages 24. Actual height shall be a maximum of 75' as defined by Zoned height. 25. Exclude all references to NAICS and NAICS code numeric references and utilize remaining language where NAICS references were previously used. 26. Setbacks for structures over 50 feet will be 2 feet horizontal to 1 vertical foot. 27. The developer will provide a connection road extending Creekside Way to Creekside Boulevard. 28. The developer agrees to provide the SCOOT traffic management system at the intersection of Immokalee Road and US-41 and the next two signalized intersections heading eastbound on lmmokalee Road. 29. The developer shall be responsible for fair share payments to signalize the intersections of Creekside Boulevard and US-41 and Creekside Boulevard and Goodlette-Frank Road if and when warranted. The proportionate share shall also apply to intersection improvements needed to facilitate the signalization. 30. The developer agrees to provide a Transportation Concurrency Management Area (TCMA) proportionate share road impact fee increase of 15%. Credit towards the 15% increase shall be given for the SCOOT system and the extension of Creekside Way only. 31. The developer agrees to apply at least four transportation demand strategies at the development order stage as defined in Policy 5.6 of the Transportation Element of the GMP. 32. Uses in preserve area will coincide with those uses as allowed in existing conservation easements. 33. Update PUD drainage plan to equivalent plan as presented at the June 15, 2006 CCPC meeting. 34. Pelican Marsh CDD to review water management plans and maintenance costs for the southern water management lake, maintenance costs to be paid to the CDD. 35. Parcel B will be limited to the uses allowed in Parcel A and the following additional use designations from the Creekside PUD presented today as a companion item: From Creekside uses: Section 3.3 A: numbers 1,2,3,8,12,15,17,18,19,25,28,31,32,35,& 36. From Section 3.3 B: number 2. 36. When Creekside Way is extended this will not require the adjoining side of the Parcel A building to be considered a primary fayade. 37. Buffers within the PUD will be 25'wide and shall not are not required to have six-foot high walls or berms within them. PREPARED BY: Michael J. DeRuntz, Principal Planner Department of Zoning & Land Development Review NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833 Page 13of13 EXECUTIVE SUMMARY Agenda Item No, 8e October 24, 2006 Page 16 of 273 Co~T County - '-~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JUNE 15, 2006 SUBJECT: PETITION PUDZ-2005-AR-8833, Naples Daily News BPPUD Companion Item to PUDA-2005-AR-8832 AGENT / APPLICANT: OWNER: Creekside Commerce Park Property Owners Association, Inc. 2600 Golden Gate Parkway Naples, Florida 34105 Ocean Boulevard Partnership 2600 Golden Gate Parkway Naples, Florida 34105 Ocean Boulevard Partnership II Ocean Boulevard Partnership 2600 Golden Gate Parkway Naples, Florida 34105 AGENT: D. Wayne Arnold, A.I.c.P. Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Bruce Anderson Roetzel & Andress, L.P.A 850 Park Shore Drive Trianon Center, 3rd Floor Naples, Fl 34103 CONTRACT PURCHASER: Collier Publishing Company, Inc. Naples Daily News 1075 Central Avenue Naples, FL 34102 1 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No. 8e October 24,2006 Page 17 of 273 Location Map 2 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD o,..t> ~..il~:'''~~ 1- ----- jj,;-_.... - """"'-.,...... - - ---"'......~l>if!'I""t :,i--.-'-"',F~~: \ C~' ;, I r I' , ", .. ..~- I ,'"=,=,, /"",:r ,il1~1:? L:-~: .:-.-11,1 'j---> ,. ,) ", ,~, -'&_-~ ::I,,;{ I' t'" ~ ~ ~~'ii, If'"~'''''' ~.~ ,~ ~ ~ ~ it t ~... :'" I,!; 1.,;"',": ~ l T e ,:1 ' ~~,' j ~ i~ ~Ii !~ :,: .t u~' ~ . I! t I'Ji~' , I t I ! ;~ :1" " '" "'I f..------- T'"t~..J'-~ ~.. "';' -J, (. ~...._. ..'.. . ~l'.. -- -. - ---- ~ ~:-'!1''':'':i' ;~I I ~_..--- .._~-~- --C'__ t.'~ ..;- -.-.,:'" :;:;...,-----',' , . .~ ~... 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Ii Ii i)' .....--.- Iii.__::'---.. .. a,,_, .i' ~:' I; , · i~' ~! :1- .... .-..:..,#:"V..4,.:;;.::.::.. ~ ~\ i; ~.~ " i~ , .i'l- -~-._'-~--~.;;*~,..-~.~.--:;r,;i;;i1i~:i,.__:=.~.::::I.:~'~__:--~-':;,- _."".._ ___.___~?~:.a ':,jl~d,~,__..---::H ! ~; ~I II Agenda Item No, 8e October 24, 2006 Page 18 of 273 i {:. ,n -.1 I ~ .~ ~"" :i.'~ if ~ ~~-------,~;:-;~=::-: -; ~' :-~n~.W' 'I r-.~.",..'...I.:- ....,..:t;::;:-1 .,.,- ,-. ;:,. '._ ~_, ;",:""';; .;;_' r-----'=.'~- ~.~~ :- ~-w ..' - .......... ! !:'MI:fI:_ iUT..... ~ f ::~.~~~!. .' ,~2~;~1:.____ ~~~_.--.-.'~,~ PUD Master Plan REOUESTED ACTION: 3 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No. Be October 24, 2006 Page 19 of 273 The petitioner is requesting a rezone from "A" Rural Agricultural and Creekside Commerce Park PUD to Business Park Planned Unit Development "BPPUD", which will be known as the Naples Daily News BPPUD. GEOGRAPHIC LOCATION: The subject BPUD is located south ofImmokalee Road, north of Pelican Marsh PUD/DRI, west of the Creekside Commerce Park PUD and Pelican Marsh PUD/DRI, and east of Pelican Marsh PUD/DRI and Granada Shoppes PUD in Section 27, Township 48 South, Range 25 East, Collier County, Florida. (See location map on page 2) PURPOSEIDESCRIPTION OF PROJECT: The subject property contains approximately 35.24 acres and has a zoning designation of Rural Agricultural (A) and Creekside Commerce Park PUD. The property is an assemblage of five tracts of land: a 2.32 acre area from Creekside Commerce Park PUD; 21 acres and 2.25 acres of cultivated row agriculture and undeveloped agricultural area; 7.8 acres of lakes, cart paths and buffer and preserve areas; and 2 acres of a portion of the existing Creekside Boulevard. This assemblage of properties primarily exists west of Creekside Commercial Park PUD, but approximately 7.8 acres is surrounded by Pelican Marsh (Bay Colony Golf Club). A portion of the 7.8 acre tract of land was originally a part of the Pelican Marsh DRI that was approved though Resolution 95-71 (Pelican Marsh Community Master Plan). Due some development encroachments that occurred with the construction of the golf course a settlement agreement was reached between Westinghouse Communities of Naples, Inc. and Ocean Boulevard Partnership (See Letter June 6, 2006, Exhibit C). In 1999, the Pelican Marsh Community PUD was amended to reflect this agreement (See 1999 Pelican Marsh Community PUD Master Plan). The subject properties are designated Urban (Urban - Mixed-Use, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. The properties lie adjacent and to the south and east of the established Activity Center #2 located at the intersection of Tamiami Trail North and Immokalee Road. This rezoning proposes industrial and light industrial uses including but not limited to multi-media publishing, printing, broadcasting and other communication and information technologies, and mediums and accessory uses, consistent with the Business Park Sub-district of the Urban Mixed- Use District of the Future Land Use Element of the Collier County Growth Management Plan (GMP). The GMP requires that Business Park Sub-district be developed as a mix of industrial uses and non-industrial uses, designed in an attractive park-like environment with low structural density where building coverage ranges between 25 and 45 percent and where landscaped areas provide for buffering and enjoyment by the employees and patrons of the park 4 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No. 8e October 24, 2006 P9g~)0 of 273 .1" '.1 ~.. '; ~}O) ~ ~ ., g!)} 0 U I I I -0 U " ",1,; a ~ ! . ~ r! ~ P . . . o' I .. I ; . ~:.t:.... l~ti i p) ~ · r . . i i! 1 H i f=! . , , . 1 ;:;F I ! ; t :- i r II ; i ~ I I ! . .. ~ s: j '!Or ;q ~ of ;; PJ ! ~ ! i . . ..., If ~ ! . . ~ i . , c =r ~ t ' .. ~ I ' ~ "1 0 : ~ ~ l ~ 0 ~q i .. '3 l> l' ! n ~ . 3 ~ . 'II! ~~P:" . . c:: -f;~ . . . I I ~ 'H ::iI"'c.. P , ~ I lIi1:i:o '":Iaca . . 1 ~. " ~!l ~ ~ Ii; . . '< 0 a ~ j. if r I~ !! t I [ I .. \, 5 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD ~, .. If If i' : It ill ~al s "lI fi U[lO[ 00 Ol~ ~ " , . ~ 'I~ . . =~ !~~!:. ,l,:. r. F r il .. ~ ! ~ ~. 3 .., [ -<: ~ ~ J t 1!IHh , ~ ~t' > · l .. ~. 1999 Pelican Marsh Community PUD Master Plan 6 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No, 8e October 24, 2006 Page 21 of 273 I Agenda Item No. 8e October 24,2006 Page 22 ()f.?J3 M"IMn' all.,.... f 'JIQIJ.IlM:I--.....~_..... ~ _-._ tl , f .:z . ' I ... -- jl ~,: --;-+-- L -- ... . ... (-B-l _e-_ ~.. j.,' ~-~ A maximum of 400,000 square feet of light industrial land uses are proposed, with the principal structure being located on Parcel "A" and a smaller structure on Parcel "B". The maximum building height in a Business Park or Industrial zoned district is 50 feet. The maximum height proposed for the structure on Parcel A is 75 feet and 35 feet for the structure on Parcel B. The maximum total building area was not exceeded with only 26 percent of the total site area being utilized from the two buildings proposed. The percent of open space is proposed at 11.38 acres or 32 percent of the total site area (8.75 acres Open Space/2.63 acres Preserve). The majority of the open space is located in the appendage of land that is surrounded on three sides by Pelican Marsh DRI (Bay Colony Golf Club) and access by the employees and customers of the proposed business park will be restricted. Access to the subject property would be from two existing roadways: Creekside Way off of Immokalee Road, and Creekside Boulevard, which runs east and west from Goodlette Frank Road and U.S. Highway 41 (Tamiami Trail). SURROUNDING LAND USE AND ZONING: Subject Parcel: The subject property is in various stages of development: Storrnwater Management Lakes, Cultivated Agricultural Crops, Golf Cart Paths, Buffer and Preserve Areas, Roadways, and Undeveloped Areas: zoned "A" Rural Agricultural and Creekside Commerce Park PUD 7 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No, 8e October 24, 2006 Page 23 of 273 Surrounding- North: County right-of-way then Commercial and Residential (440,000 square feet of Commercial, 385 single and multi-family residential units on 61.40 acres), zoned C.R. 845 (Immokalee Road) then Collier Tract 22 PUD East: Partially Developed Commercial and Industrial (23,530 square feet developed/190,000 square feet of proposed Commercial, 128,000/620,000 square feet Industrial) on 108.4 acres, Partially Developed Residential and Golf Course (640,841/1,095,000 square feet of Commercial, 2,468/4,800 single and multi-family units, 171 acres of Golf Course, and 570 Conservation Acres) on 2,072.88 acres, zoned Creekside Commerce Park PUD and Pelican Marsh PUD (DRI-93-1) South: Partially Developed Residential and Golf Course, zoned Pelican Marsh PUD (DRI-93-1) West: Commercial (390,000 square feet of Commercial) on 39.23 acres, and Golf Course, zoned Pelican Marsh pun (DRI-93-1) and Granada Shoppes PUD. AERIAL MAP 8 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No, 8e October 24,2006 Page 24 of 273 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban - Mixed-Use, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. 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. However, the Business Park Subdistrict is a text-based provision, allowed throughout the Urban Designation that allows a mix of industrial uses and non-industrial uses, designed in an attractive park-like environment with low structural density where building coverage ranges between 25 and 45 percent and where landscaped areas provide for buffering and enjoyment by the employees and patrons of the park. Future Land Use Element: The Business Park Subdistrict reads as follows; Staff's analysis follows (in bold print): 5. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non-industrial uses, designed in an attractive park-like environment with low structural density where building coverage ranges between 25% to 45% and where landscaped areas provide for buffering and eniovment bv the employees and patrons of the park (underlined for emphasis). As to the Subdistrict's intent, the location and configuration of the provided Open Space areas is not the ideal circumstance.. ..they do not serve as a visual or physical relief to developed areas to the extent that a more centrally located open space area would provide. However, the petitioner will provide a linear park along the Immokalee Road frontage and a minimum of 3 "parklets" comprising no less than 1,500 square feet. Also, trees not provided along perimeter buffers will be placed elsewhere on this site. These provisions will aid in creating more functional open space within the project. (Sections 2.48.4 and 6.2.E of the PUD) Business Parks shall be allowed as a Subdistrict in the Urban-Mixed Use District, Urban Commercial District and Urban Industrial District and may include the general uses allowed within each District, the specific uses set forth below, and shall comply with the following general conditions. a. Business Parks shall be permitted to include up to 30% of the total acreage for non-industrial uses of the type identified in "c" below, and will reserve land within the industrially designated areas for industrial uses. Similarly, Business Parks shall be permitted to include up to 30% of the total building square footage for non-industrial uses ofthe type identified in Paragraph c below. (The percentage and mix of each category of use shall be determined at the time of zoning in accordance with the criteria 9 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD H; r-- ""'1' j.II{U Hr~ ~lJJ -~. ~.. r;-t:::::::::l..., ,'\, ==== , oi . ..-1tgEf -L}~ l f r~W~lil , i ! '. " I' ~'''.eU~~~ 0l'11 r ~ fV:4 :n I ~~ I ~ I ..I i Agenda Item No, 8e October 24, 2006 Page 25 of 273 CI:II.LIP 'IIItl(:f :z ..~ IlIIf'f'111 CD! 'B'!' , ~ ' .. ~ J , I trill} [JJ_tt Ii -....... .........._ I'IDIO c:... ..... Is ITE r----- U)CI;'f'lON l , -~~ ZONE AE (ELEV. 11) ,I. _ 11I1 --~ A GJ~mada S hoppl':; I'LD PUD 1:IlI!D.'IIlE -- I ; 1_..-_~~ ,--"'""0- I'dican \1:11-;11 PL.D Pelican 1'vl:lr:;11 "l!..Il:M II~ .--.,..-', DRl ~_ , '\ ~ } \-L-1__L / )""~~_ ~ ----(....-~- ~--.{~.I / .......i~---, . ~. / I 1 I /~~~~ l / " __1- t_~__. J / I',-..J, " ~ ""',/ / -~..~ ........~, ''': .. / _.,~ -__ ~/ 1\ ,\ "- '''~.-.,.I "__ \ ~\... --~.. '\----''1 I" "'""\ r I' " ! . r t-~ 1\ t" , , \ \.. ". ~" '. ...----r-....'......... ZONING MAP specified in the Land Development Code.) The acreage and building square footage figures and percentages shall be included in the PUD ordinance or rezone ordinance so as to demonstrate compliance with this requirement. The proposed PUD does not include any non-industrial uses as identified in paragraph c, which is not a requirement of this su bdistrict. 10 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No, 8e October 24, 2006 Page 26 of 273 b. Access to arterial road systems shall be in accordance with the Collier County Access Control Policy and consistent with Objective 7 and Policy 7.1 of the Transportation Element. Compliance with the Collier County Access Control Policy and consistency with Objective 7 and Policy 7.1 of the Transportation Element of the Growth Management Plan shall be determined by the Transportation Planning Staff. However, staff notes that access to the proposed business park will be via existing Creekside Way and Creekside Boulevard which lead to the following streets: Immokalee Road and Tamiami Trail North, both arterial roads, and Goodlette Road Extension, a collector road. c. Non-industrial uses may include uses such as certain offices, financial institutions, retail services, institutional, cultural facilities, medical facilities, hotels/motels at a density of 26 units per acre, and recreational facilities. Retail Uses shall be limited to those uses that serve the employees of businesses within the Park or are related to the products, goods and services that are manufactured, distributed, produced or provided by businesses in the Park. The proposed PUD does not include any of these uses, which is not a requirement of this subdistrict. d. When the Business Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zoning District shall be permitted provided that the total industrial acreage is not greater than the amount previously zoned or designated industrial. When a Business Park is located in the Urban Commercial District or Urban-Mixed Use District, the industrial uses shall be limited to light industry such as light manufacturing, processing, and packaging in fully enclosed buildings; research, design and product development; printing, lithography and publishing; and similar light industrial uses that are compatible with non-industrial uses permitted in the district; and, the Planned Unit Development Ordinance or Rezoning Ordinance for a Business Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. Except for the following use issues, staff has determined all uses listed in Section 3.3 are either listed in the BP zoning district in the LDC, or were approved in the ASGM Business Center PUD-therefore, interpretive by the BCC as consistent with the Business Park Subdistrict. The following clarifications and/or changes to the PUD document are needed: 1. Section 3.3A5 should be changed to reference "Standard Industrial Classification (SIC) Manual Codes as adopted by Collier County and included in the Local Development Code" (Collier County does not use NAlCS Manual) to allow staff to determine use consistency. If the County Attorney and the Department of Zoning and Land Development Review agrees that the use of the NAICS Manual is more appropriate in fully defining the internet, newspaper, and other media publications businesses intended to be accommodated by this PUD, then Comprehensive Planning staff would concur with the use of the NAICS Manual. e. Business Parks must be a minimum of 35 acres in size. The proposed PUD complies with this section as it contains 35+/- acres. 11 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No, Be October 24,2006 Page 27 of 273 f Business Parks located within Interstate Activity Center quadrants that permit Industrial Uses shall also be required to meet the standards as stated under the Interchange Activity Center Subdistrict for commercial and industrial land uses. This section does not apply. g Business Parks shall adopt standards for the development of individual building parcels and general standards for buffering, landscaping, open space, signage, lighting, screening of outdoor storage, parking and access management. These items are addressed in Section II and 3.4. h When located in a District, other than the Urban Industrial District, the Business Park must have direct access to a road classified as an arterial in the Transportation Element. Staff notes that access to the proposed business park will be via existing Creekside Way and Creekside Boulevard which lead to the following streets: Immokalee Road and Tamiami Trail North, both arterial roads, and Goodlette Road Extension, a collector road. The access point for Parcel A to Creekside Way is approximately 350 feet south of the intersection of Immokalee Road at Creekside Way. The rationale for this requirement to have "direct access" to an arterial road is to insure business park traffic (which will include pick-up/delivery vans, trucks, semi tractor trailers) does not travel through residential areas and has access to roads that can readily accommodate such traffic. The Board of County Commissioners will need to interpret whether this access constitutes "direct access" to an arterial road, as required in the Business Park Subdistrict. However, since Creekside Way is within the PUD and directly connects to Immokalee Road, staff concludes that this arrangement may meet the intent of the Growth Management Plan. Business Parks are encouraged to utilize PUD zoning. The proposed PUD would comply with this standard. J The maximum additional acreage eligible to be utilized for a Business Park Subdistrict within the Urban-Mixed Use District is 500 acres, exclusive of open space and conservation areas. Only one business park has been approved in the Urban-Mixed Use District (ASGM Business Center PUD) and it comprises 26.3 acres of development area. Consistencv of Development with the Growth Mana2:ement Plan. a. Coordination of Land Use and Public Facilities. The subject site is located in the Northwest Transportation Concurrency Management Area (TCMA). The project will need to demonstrate that, at time of development, needed transportation facilities, if any, is in place or defers development until such improvements can be made or the level of service amended to ensure available capacity. Additionally, the development, due to its location in the TCMA, must comply with Policy 5.9 of the Transportation Element of the GMP relating to proportionate share payments, if any, as determined by the preparation of and analysis of the Traffic Impact Statement. Transportation planning staff will review for consistency with the Transportation Element of the Growth Management Plan. 12 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No. 8e October 24, 2006 Page 28 of 273 b. The project will be compatible with existing and permitted future land uses on surrounding properties. [Also, FLUE Policy 5.4 provides that all new development must be compatible with the surrounding land uses.] The height of the Naples Daily News building (75+ feet) is considerably greater than the heights of buildings which immediately surround it with said height a function of the use of the building. However, the business and light industrial building and land uses requested within the proposed PUD are generally consistent with those listed in the Business Park Subdistrict. The subject PUD does provide a limitation on the business and light industrial uses and intensity of uses proposed for the development. Additionally, the existing commercial uses to the north, east, west, and the proposed '"Open Space" and '"Preserve" areas to the south tend to buffer the proposed development from the areas to the south. However, Comprehensive Planning leaves the determination of compatibility to Zoning and Land Development Review to staff as part of their review of the petition in its totality. c. Objective 7 and Policies Regarding Smart Growth and Interconnections, Loop Road, Mixed Use, etc. The developer has indicated that attempts made at providing interconnections between Granada Shoppes and Creekside Commerce Park has been unsuccessful. Additionally, the Parcels A and B of the proposed development are separated from Creekside Commerce Center PUD and the Granada Shoppes by existing private and public roadways. None-the-Iess, access to both adjacent PUDs is possible via the existing Creekside Boulevard, and access to Creekside Commerce Park is possible via Creekside Parkway. Generalized locations of pedestrian circulation within the PUD and how such circulation connects with surrounding existing pedestrian connections should be shown on the conceptual master plan. The revised PUD and Conceptual Master Plan fails to show the existing pedestrian circulation within and immediately outside of the PUD Conceptual Master Plan area, an internal pedestrian circulation plan, and how the pedestrian circulation plan will work within the PUD in order to provide for the connection of the preserves and open spaces with the proposed business locations. Showing the potential pedestrian interconnection with Granada Shoppes PUD on the Conceptual Master Plan covers just a small aspect of providing a plan for the pedestrian integration of all uses and spaces envisioned within the proposed business park. Further, the PUD and Conceptual Master Plan fails to show the proposed pedestrian connections between the PUD area and the surroundin2 existin2 pedestrian circulation svstem. The PUD provides no commitment to construct such a pedestrian system. On the contrary, Section 2.15 B 1 of the PUD requests that the developer be permitted to make payment in-lieu of construction of sidewalks. This is contrary to the intent of Objective 7 of the GMP. The SDP for Parcel A shall demonstrate compliance with FLUE Objective 7 by delineating a pedestrian connection between Parcels A and B between Parcel A and the PUDs to the east and west,;, between Parcel A and the Open Space areas within this PUD across Creekside Way to the east; and, between Parcel A and that portion of the linear Open Space area located south of and parallel to Creekside Boulevard within this PUD. d. Objective 1.3 of the Economic Element. This petition furthers Objective 1.3 of the Economic Element which states, "Collier County will support programs which are 13 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No, 8e October 24.2006 Page 29 of 273 designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industry in order to diversify the County's economic base." PUD Document and Master Plan: a. Section 2.4B- Deviation from LDC Section 4.06.02.A.3... buffers to the east. west and south (reduction from 25' to 10' width) on east and west). Following staff discussion with the applicant as to how the intent of this Section 4.06.02.A.3 can be met so that a park-like setting can be obtained, which is the intent of the Business Park Subdistrict, the applicant's proposed deviation from LDC Section 4.02.13.C.5 is acceptable to staff provided text is added at the end of Section 2.4.B.4 as follows: "A minimum of 50% of the dispersed trees must be relocated to Parcel A and/or B. No dispersed trees are allowed to be relocated to the Preserve area and no dispersed trees are allowed to be relocated to the connected Open Space area containing a lake and shaped like a squiggly number seven." b. Section 2.4. Add item F to identify all proposed uses in Section 3.3 that are not listed in the BP zoning district; the rationale might be that they have previously been determined by the BCC to be consistent with the Business Park Subdistrict via approval of the ASGM Business Center PUD (for all such uses). If the County Attorney agrees that the use of the NAICS Manual is more appropriate in fully defining the internet, newspaper, and other media publications businesses intended to be accommodated by this PUD, then staff would concur with the use of the NAICS Manual. CONCLUSION Based upon the above analysis, staff concludes that the proposed rezoning from Rural Agricultural (A) and Creekside Commerce Park PUD to BPPUD to allow the light industrial and business uses may be deemed consistent with the F.L.U.E. as outlined above, and subject to: a. The Board of County Commissioners will need to determine that the project's proposed access complies with the required "direct access to an arterial" contained in criterion h of the Business Park Subdistrict. b. The PUD revisions as noted in "a" above. c. The PUD revisions as noted in "b" above. d. The pedestrian connection text revision as noted in Objective 7 of the F.L.U.E. above. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. These criteria are specifically noted in Section 10.03.05 of the Land Development Code and required staff evaluation and comment. The Planning Commission to the BCC also used these criteria as the basis for their recommendation. Appropriate evaluation of petitions for amendments to PUDs should establish a factual basis for supportive action by appointed and elected decision-makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a determination of compliance, non-compliance, or 14 of 35 PUDZ-OS-AR-8833, Naples Daily News BPPUD Agenda Item No. 8e October 24,2006 Page 30 of 273 compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit "B"). Environmental Analysis: Environmental Services staff has reviewed the petition and has recommended approval subject to the conditions contained in Sections IV and V of the PUD document. The Environmental Advisory Council (EAC) was not required to hear this petition because the subject property had either area that were previously disturbed, or were identified as preserve areas. Transportation Analysis: The project was reviewed based on the current Transportation Impact Statement (TIS) guidelines and with respect to Policy 5.1 of the Collier County Growth Management Plan transportation element. The project is located in the northwest Transportation Concurrency Management Area (TCMA). The project was reviewed at build-out and the five year planning period. The TCMA is expected to function at an acceptable level of service within the five year pi arming period when both project trips and back ground traffic are considered. The project is consistent with Policy 5.1 of the Transportation Element in the Growth Management Plan. However, several intersections will not function at acceptable levels of service with both back ground traffic and the additional project trips. Mitigation for project traffic is recommended in order to address congestion management. Staff is currently working with the applicant to review the following strategies; 1) The payment of approximately $75,000 to fund the installation of the SCOOT system at the US-41 and Immokalee Road intersection along with the next two easterly signalized intersections. The system is intended to recapture capacity by modifying signal timing based on approach demand using real time analysis. 2) The extension of Creekside Way southerly to Creekside Boulevard. The extension would provide additional by-pass of the Immokalee Road intersections. 3) The inclusion of transportation demand strategies along with a proportionate share payment not to exceed 15percent above the road impact fees. The additional funds would be used to fund intersection improvements, transit and increase pedestrian mobility within the TCMA. 4) The inclusion of language in the PUD detailing fair share payments to the signalization of Creekside Boulevard at the US-4l and Goodlette-Frank Road intersections if and when warranted or other intersection improvements within the TIS study area. Staff recognizes the economic benefit of this project and recommends approval with identified improvements and fair share payments that address congestion management. At the time of this review it was unclear as to the ability of improving Creekside Way to form a connection to Creekside Boulevard. This application should be considered simultaneously with AR#8832. Utility Issues: The Utilities Department staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 6.4 of the PUD document. Zoning and Land Development Review Analysis: The evaluation by professional staff includes an analysis of the project's relationship to the community's future land use plan and whether or not a 15 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No, 8e October 24,2006 Page 31 of 273 rezoning action would be consistent with the GMP. Other evaluation considerations include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. In addition, staff offers the following synopsis: Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The subject property contains 35.24 acres of which approximately 32.92 acres are zoned "A" Rural Agricultural and approximately 2.32 acres are zoned Creekside Commerce Park PUD. The proposed rezoning request is for a Business Park Planned Unit Development. The subject property lies southeast of Activity Center #2. The FLUE identifies the subject property is designated Urban (Urban - Mixed-Use, Urban Residential Subdistrict), of which the Business Park Subdistrict is a text-based provision, allowed throughout the Urban Designation. The Business Park Subdistrict allows a mix of industrial uses and non-industrial uses, designed in an attractive park- like environment with low structural density where building coverage ranges between 25 and 45 percent and where landscaped areas provide for buffering and enjoyment by the employees and patrons of the park. The operation of the newspaper will be a 24 hours a day, 7 days a week activity. Deliveries and distribution will occur throughout the entire day. The shipping and receiving area is proposed on the southern half of the proposed building. Mitigation for the noise of the printing operation will be provided by the enclosed design of the building. The GMP establishes criterion upon which the approval of Business Park Subdistricts are based. Based upon the Future Land Use Plan, we have an expectation that the land will be used and developed for those land uses authorized within the PUD, The development of the subject property is timely and consistent with the FLUE of the GMP. 16 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No. 8e October 24, 2006 Page 32 of 273 M:lMTT allYll... ., 't'lQDDI--'I:I&.~~"''''- : --- ....... _ IIlCTNJ'f ranD' .........,. IIIIIlfl4 DSI.. "III ... IlMUIfOLAlDME{-~) .... DJnNl .,11I_ MO 'In'lK'll1IIS ~_! Relationship to Existing and Proposed Land Uses - The subject property is bordered by Immokalee Road, Creekside Commerce Park PUD, Pelican Marsh DRI/PUD (Bay Colony Golf Club), and Granada Shoppes PUD. The subject property is located in the Rural Agricultural (A) and Creekside Commerce Park PUD districts. The "A" zoning district permits one residential dwelling unit per 5 gross acres, of which, the 32.14 acres would yield 6 units. The Creekside Commerce Park PUD district permits a variety of industrial and business uses. Presently, the subject property is in various stages of development. The area zoned Creekside Commerce Park PUD is developed with an entrance to Creekside Commerce Park, i.e.: Creekside Way, a stormwater management pond, signage and buffering for Creekside Commerce Park. The area zoned "A" is both developed and undeveloped. The developed areas are used primarily as cultivated agricultural row crops. The lesser areas of development consist of Creekside Boulevard, existing berm and vegetative buffering, stormwater management lake, golf cart paths and bridges, and preserve area for Pelican Marsh DRIIPUD (Bay Colony Golf Club). The adjoining development to the north is Immokalee Road (CR 846). Immokalee Road is a six lane arterial roadway. North of Immokalee Road is Collier Tract 22 PUD (Collier Reserve), which was approved for 440,000 square feet Commercial, and 385 single and multi-family residential units on 61.40 acres. The Commercial/Office Development Regulations (Section 5) for Collier Tract 22 provided for a maximum building height of five stories or 50 feet, whichever is greater for shopping centers and eight stories or 80 feet, whichever is greater for all other uses. To the east, Creekside Commerce Park PUD was approved for 190,000 square feet of Commercial, 620,000 square feet ofIndustrial on 108.4 acres, and Pelican Marsh DRI/PUD was approved for 1,095,000 square feet of Commercial, 4,800 single and multi-family units, 171 acres of Golf Course, and 570 17 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No. 8e October 24,2006 Page 33 of 273 Conservation Acres on 2,072.88 acres. Creekside Commerce Park PUD height regulation for the Industrial/Commerce District (Section III) is 35 feet and 50 feet for the Business District (Section IV). The Pelican Marsh DRI/PUD height regulation for the Residential Land Use District (Section III) is 35 feet for single- family and two-family dwelling units and 50 feet for multiple-family dwelling units. To the west, Granada Shoppes PUD was approved for 390,000 square feet of Commercial on 39.23 acres. The height regulation for Granada Shoppes (Section 3) is 50 feet for retail buildings, 60 feet for office buildings and hotel (architectural features 75 feet and 73 feet for the hotel). It is the stafr s opinion that the proposed uses for the petition would not adversely impact the existing commercial, industrial, and residential land uses in the area, but has notes the following concerns. The subject site exceeds the minimum area (35 acres) requirement, and meets the building coverage percentage at 26 percent. The proposed plan provides approximately 11.38 acres (32.3 percent) of open space and preserves area. The majority of this area is located in an appendage on the southern area of the subject property that is currently used as part of the golf course development of Pelican Marsh DRIIPUD (Bay Colony Golf Club). This area would not provide for buffering and enjoyment by the employees and patrons of the Business Park. It is questionable if the employees and patrons would even have access to this area, which is a requirement of LDC Section 4.02,OIB.2. Even though the proposed principal structure (Naples Daily News) on Tract A is proposed to be designed to have a staggered height with the taller portion of the building located towards the interior of the foot print of the building. The distance between the tallest part of the building and the nearest single family structure is approximately 1100 feet. The proposed maximum height of 75 feet is not compatible to either the existing adjoining residential, commercial or industrial uses. As mentioned above, there the maximum height proposed for this application is taller that any surrounding properties (except Collier Reserve - Commercial eight stories or 80 feet and Granada Shoppes - 75 and 73 feet for architectural features). There are no existing buildings, which adjoin the subject property, that are developed to proposed maximum height of 75 feet for this application. Furthermore, staff believes that the development regulations, landscaping, and the screening and buffering requirements of the PUD District do not enhance the aesthetic quality of this area or contributes to the compatibility of the adjoining property. The petitioner has submitted a site line plan to address the potential sight visibility problem. Zoning and Land Development staff has taking a different position than Comprehensive Planning staff in regards to the petitioner's request for a deviation from LDC Section 4.06.02.A.3. Zoning and Land Development staff is recommending denial of this request and is recommending that the PUD document provide the required 25 foot buffer in addition to the existing 25 foot buffer, that was constructed for Pelican Marsh PUD on the subject property. With the replanting of the existing buffer, due to wind damage, and the additional of the required 25 foot wide buffer, by extend the berm and providing taller growing native trees, the buffer would provide substantial mitigation of the adverse impacts from the proposed Business Park. NORTH VIEW 18 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No, 8e October 24, 2006 Page 34 of 273 SOUTH VIEW Deviation Discussion: The petitioner is seeking five deviations and has identified them in Section 2.4 of the PUD document. The petitioner has provided justification in support of the deviations in correspondence received by the staff with the application on December 1,2004 (Exhibit B). Staff has analyzed the deviations and provides the analyses and recommendations below. Deviation 1 seeks relief from Section 4.06.02.C.5, the requirement to construct a 25-foot wide landscape buffer along Immokalee Road to provide a 20-foot wide landscape buffer, without a 6- foot high wall, berm or wall and berm combination. The proposed 20-foot wide buffer adjacent to Immokalee Road will be planted in accordance with the following criteria. Native, xeric or naturalized canopy trees shall be installed based on a minimum spacing of 25-feet on center, at an initial planting height of 14 feet, with a minimum 6-foot canopy spread. Trees may be grouped or clustered within the landscape buffer. A continuous double row hedge, spaced three feet on center, with an initial planting height of24 inches shall be installed within the buffer. 19 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No. 8e October 24,2006 Page 35 of 273 The petitioner provided the following justification for this deviation: "The proposed 20-foot wide buffer is consistent with the width of the buffers provided within both the existing Creekside Commerce Park PUD and the Granada Shoppes PUD." Staff is supportive of Deviation No.1 based on the fact that the proposed width would provide continuity with the existing width of the buffers to the PUDs to the east and west of the subject property. Staff also recognizes that the reduced buffer approved for the Creekside Commerce Park has not had a negative impact on properties to the north, across Immokalee Road. Staff, therefore, finds the deviation in compliance with LDC Section 10.02.13 .A.3, in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation 2 seeks relief from LDC Section 4.02.13.G and Section 4.06.02.C.5, which requires a business park to provide a 25- foot wide landscape buffer around the entire boundary of a business park, to permit the following buffers: 1. East - lO-foot wide type "A" buffer adjacent to Creekside Commerce Park. 2. West -lO-foot wide type "A" buffer adjacent to Granada Shoppes PUD. 3. South - the 25-foot wide existing buffer and berm adjacent to the Pelican Marsh PUD shall be maintained in its existing condition for that portion of the Naples Daily News BPPUD located west and south of the existing berm and designated as open space, preserve, or lake area No additional buffer shall be required. Replacement trees required to maintain the buffer in its existing condition shall be Florida native canopy trees (excluding Mahogany). 4. Trees required as part of the double staggered row required, at 30 feet on center, within the east and west Buffers, shall be quantified with a single row remaining within each buffer (at 30 feet on center). The remaining row quantity of both buffers, in not installed within the respective buffers, may be dispersed throughout the project site, including but not limited to the landscaped berm located along the south property line, parklets, and other open areas within the project. A maximum of 25 percent of the dispersed trees may be relocated to the project berm on the south property line. The petitioner provided the following justification for this deviation: "The deviations from the required 25-foot wide buffer with a 6-foot high berm or wall are justified given the locations of the proposed Naples Daily News BPPUD, adjacent to the developed industrial uses of Creekside Commerce Park PUD and the existing retail shopping center, Granada Shoppes PUD. These projects are non-residential uses and have existing buffers in place. An existing berm and landscape buffer exists along a majority of the project's southern boundary, which meets the intent of the buffers required for a business park. That portion of the Naples Daily News BPPUD which is designated as preserve and open space uses, abuts adjacent Pelican Marsh PUD tracts having similar open space uses which do not warrant the strict 25- foot wide buffer with opacity to 6 feet in height for areas limited to open space and preserve uses. The proposed alternative buffers will provide appropriate 20 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No. Be October 24,2006 Page 36 of 273 buffering between the proposed light industrial uses and the existing adjacent industrial and retail uses." Staff is not supportive of Deviation No.2. The Business Park Subdistrict is intended to provide for a mix of industrial uses and non-industrial uses, designed in an attractive park-like environment with low structural density and where landscaped areas provide for buffering and enjoyment by the employees and patrons of the park. As to the Subdistrict's intent, the location and configuration of the provided open space areas is not ideal because it does not serve as a visual or physical relief to developed areas to the extent that a more centrally located open space area would provide. To increase the benefit of these open spaces, staff recommends access to the open spaces be provided as outlined further in this analysis. The Business Park Planned Unit Development document and accompanying conceptual plan need to show types, locations, and pedestrian linkages between the employment activities and the open space activities so as to conform to the intent of this sub-district. The insertion of the Business Park Planned Unit Development into the area presently used as a golf course for the Pelican Marsh DRI is problematic. While the incorporation of the buffering standards as prescribed in the LDC and the GMP would interfere with the existing layout of the golf course, the land use could change within the Pelican Marsh DRIIPUD to be redeveloped for residential activities. Staff further believes that the existing buffer should be refurbished from the past wind damage, and additional buffering needs to be added to mitigate the adverse impacts from the possible business park uses. Staff, therefore, finds the deviation not to be in compliance with LDC Section 1O.02.13.A.3 in that the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation 3 seeks relief from Section 4.06.02.A.3, Buffer Requirements. A request to permit required landscape buffers and signs within recorded water and wastewater easements consistent with grant of easement restrictions as recorded in O.R. Book 2712, Pages 0624 - 0626, and O.R. Book 2712, Pages 0610 - 0612 The petitioner provided the following justification for this deviation: "This deviation is warranted due to the previously granted easements to Collier County which permit landscaping within recorded easements, subject to limitations found within the recorded easement agreement. Copies of the recorded easements have been attached for reference." Staff is supportive of Deviation No. 3 based on the fact of consistency with the previously approved deviation and landscaping for Creekside Commercial Park PUD. Staff, therefore, finds the deviation in compliance with LDC Section 10.02.13.A.3, in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation 4 seeks relief from LDC Section 5.06.04.C, which permits business parks to have an on premise pole or ground sign, with additional signs permitted subject to a 1,000-foot sign separation to permit the following: 21 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No. Be October 24, 2006 Page 37 of 273 The Naples Daily News BPPUD shall be permitted to have one on-premise sign along the Immokalee Road frontage and two on-premise signs along the Creekside Boulevard frontage. Signage shall have a maximum height of 15 feet and sign copy area of 80 square feet. Approximate on-premise sign locations are shown on the Conceptual Master Plan. The petitioner provided the following justification for this deviation: "This deviation justified due to the presence of Creekside Boulevard, which separates business park parcels A and B. Without the deviation, parcel B would not qualify for an on premise sign, due to the greater road frontage than specified in the LDC for smaller parcels within business parks. Additionally, the distance between Immokalee Road and Creekside Boulevard is approximately 1,000 feet; however, depending on the final sign locations, the LDC required 1,000-foot separation may not be possible. The LDC speaks to corner parcels and grants exceptions, but does not contemplate the existing scenario by which a project has access and frontage to both an arterial and collector roadway." Staff is not supportive of Deviation No.4 based on the location of Tracts A and B as identified on the Conceptual Master Plan: the business park does not have an internal closed access network, but is accessible from Immokalee Road, Highway 41 and Goodlette Frank Road. There was no demonstration for the increased height and area of the future signage. Staff, therefore, finds the deviation not to be in compliance with LDC Section 10.02.13.A.3 in that the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation 5 seeks relief from LDC Section 5.06.02.C, On-premise Signs, which requires a minimum 10- foot setback from property lines for monument and pole signs, to permit a minimum setback of 15- feet from edge of pavement or 10- feet from the property line, whichever would encroach into rights-of-way, subject to demonstration that safe site triangles can be maintained. One sign for each lot or parcel for each external and internal road frontage shall be permitted. The petitioner provided the following justification for this deviation: "This deviation will pern1it signage along the road frontage of the Naples Daily News BPPUD to be consistent with the placement of signage within the Creekside Commerce Park PUD. Further, the deviation clarifies the intent to permit signage along each road frontage ofthe project, and flexibility in siting the signage dependent on the roadway location within the easement or right-of-way as applicable." Staff is not supportive of Deviation No. 5 based on the fact that the proposed sign setback requirements should not be allowed in the county road right-of-way. Staff, therefore, finds the deviation not to be in compliance with LDC Section 1O.02.13.A.3 in that the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." 22 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No. 8e October 24, 2006 Page 38 of 273 NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda Bedtelyon Community Planning Coordinator: Agent for the applicant, Wayne Arnold ofQ. Grady Minor held the required NIM for PUDZ-2005-AR-8833 and PUDA-2005-AR-8832 on May 10, 2006 at 5:30 P.M. at St. John the Evangelist Catholic Church ballroom. Three individuals other than the applicants' agents and county staff attended. Of those who spoke, no one expressed opposition to either rezoning requests or proposed Naples Daily News operations. The following questions were addressed by the applicants' consultants present: 1. Maximum building height: 75 feet 2. Access points: from Immokalee Road., Creekside Way and interconnection through Granada Shops 3. Service deliveries from Creekside Way 4. Hours of operation: 7 days a week, 24 hours per day 5. Lighting/noise: per county codes 6. An approximate 16 month construction timetable to commence in late 2007 7. Recycling to be done on site STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of petition PUDZ-2005-AR-8833, Naples Daily News BPPUD, based upon the findings of consistency with the GMP by Comprehensive Planning staff, and the findings of compatibility to the surrounding properties with the following conditions: 1. The approval of PUDZ-2005-AR-8833, Naples Daily News BPPUD shall be conditioned upon the approval of PUDA-2005-AR-8832. 2. The approval of PUDZ-2005-AR-8833, Naples Daily News BPPUD shall be conditioned upon the following deviations from the Land Development Code. A. A deviation from Section 4.06.02.C.5 of the LDC to provide a 20-foot wide landscape buffer, without a 6- foot high wall, berm or wall and berm combination B. A deviation from Section 4.06.02.A.3 of the LDC to permit required landscape buffers and signs within recorded water and wastewater easements consistent with grant of easement restrictions as recorded in O.R. Book 2712, Pages 0624 - 0626, and O.R. Book 2712, Pages 0610 - 0612. 3. The preserve (acreage) provided needs to be in Section 6.6.B. of the PUD document and on the Master plan. 4. All principal structures shall have a minimum setback of 25' from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10- foot setback. 5. The southern buffer shall be widened to 50 feet and the existing berm be widened to accommodate an additional double row of trees of such native species whose height would help to block the northern view of the 75 foot tall industrial building. 6. The south side of Parcel "A" shall be heavily planted with trees and shrubs to create the needed park like setting and help with buffering noise and odor from printing activities on this Parcel. 7. Storm water from the subject property shall be retained and treated on site before it is discharged into the two existing lakes which are being incorporated into this property. 23 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No, 8e October 24,2006 Page 39 of 273 8. Provide an additional 30 percent of the minimum code trees along the north perimeter buffer. This 30 percent shall consist of tall native species whose height would help to block the northern view of the 75 foot tall industrial building. 9. A North Arrow shall be provided on Exhibit "E". 10. Section 3.3A5 of the PUD document should be changed to reference "Standard Industrial Classification (SIC) Manual Codes as adopted by Collier County and included in the Local Development Code" (Collier County does not use NAICS Manual) to allow staff to determine use consistency. 11. Amend Section 2.4 to add item F and identify all proposed uses in Section 3.3 that are not listed in the BP zoning district per the SIC Manual Codes. 12. The payment of approximately $75,000 to fund the installation of the SCOOT system at the US-41 and Immokalee Road intersection along with the next two easterly signalized intersections. The system is intended to recapture capacity by modifying signal timing based on approach demand using real time analysis. 13. The extension of Creekside Way southerly to Creekside Boulevard. The extension would provide additional by-pass of the Immokalee Road intersections. 14. The inclusion of transportation demand strategies along with a proportionate share payment not to exceed 15percent above the road impact fees. The additional funds would be used to fund intersection improvements, transit and increase pedestrian mobility within the TCMA. 15. The inclusion of language in the PUD detailing fair share payments to the signalization of Creekside Boulevard at the US-41 and Goodlette-Frank Road intersections if and when warranted or other intersection improvements within the TIS study area. PREPARED BY: MICHAEL 1. DE RUNTZ, C.F.M., PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIE\VED BY: 24 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No. 8e October 24, 2006 Page 40 of 273 MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY DATE RAYMOND V. BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN MURRAY ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE Tentatively scheduled for the July 25, 2006 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Exhibit A - Zoning Findings Exhibit B - PUD Findings Exhibit C - Letter June 6, 2006 Exhibit D - NIM Notification List REZONE FINDINGS PETITION PUDZ-2005-AR-8833 Section 10.03.05 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. 25 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No, Be October 24, 2006 Page 41 of 273 Pro: The applicant has identified in the "Statement of Compliance" of the Naples Daily News BPPUD document will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. Con: Staff has concerns that the project did not provide for multiple buildings, as intended in the GMP, and it not provide for a park-like setting. The majority of the "open space" would be restricted from access to the employees and the patrons of the business park, access to the business park was not directly off of an arterial of collector road, and the maximum building height of75 feet exceeded the maximum height for business parks and industrial districts of 50 feet. The Growth Management Planning Department has indicated that the proposed Naples Daily News BPPUD is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) subject to revisions to the PUD Document. Findings: Based on the staffs review, the proposed development would be in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County if the listed conditions were addressed. 2. The existing land use pattern; Pro: The Location and Zoning Maps that are attached to the staff report show the Naples Daily News BPPUD site is located between existing developed or developing industrial, commercial and residential properties and GMP Economic Element Policy 1.3 support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industry in order to diversify the County's economic base. Con: The petitioner's proposes industrial, light industrial and commercial uses that are not compatible with the adjoining residential land uses in both allowable maximum height, and activity intensity. Findings: Staff believes that the petition lacks adequate ameliorating factors to offset the adverse impacts from the proposed land uses, unless the project is approved subject to staff conditions of approval. EXHIBIT "A" 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The Naples Daily News BPPUD parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE of the GMP. 26 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No, 8C October 24, 2006 Page 42 of 273 Con: The assemblage of the five parcels of property to facilitate the minimum area required for a Business Park created a gerrymandered parcel of property that is not accessible by those using the subject property and encroaches into an area developed as upper end single-family residences and private golf course. Findings: The proposed Naples Daily News is not compatible with the adjoining residential land uses, but if the recommended conditions were met, adequate ameliorating elements would be provided. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The subject site is surrounded by a six lane County roadway (CR 846) to the north, commercial to the east and west, and Pelican Marsh DRI to the south. The subject site basically fits within an area that is undeveloped. Con: The 7.8 acres appendage that extends into Pelican Marsh DRI serves no usable purpose other than providing the necessary acreage needed for a business park and providing the required open space. The 2.32 acre area that was added from the Creekside Commercial Park PUD was developed to serve the needs of that permitted land use. Findings: The proposed PUD district boundaries are not logically, but the gerrymander configuration was necessary to get the required acreage needed for a Business Park. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The applicant has expressed the need to relocate to this location because their existing facility does not have the area or design to accommodate a newer printing press operation and other multi-media capabilities that is desired for the company's future plans. The growth and development trends in this area indicate a demand for Commercial and light Industrial activities. Con: The proposed petition was a voluntary action by the petitioner's selection of the subject property. This site requires the BCC to make a finding that the project is consistent with the Business Park criteria. Findings: The proposed Naples Daily News BPPUD is not compatible with adjacent land uses due to the related noise, odor, and building massing related to the proposed newspaper press operation, but the proposed conditions would aid in creating ameliorating elements. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The County's current lad use policies in the F.L.U.E. support the action to encourage economic development, diversity and retention. 27 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No, 8e October 24, 2006 Page 43 of 273 Con: The proposed Naples Daily News BPPUD is not compatible with adjacent residential and commercial land uses due to the related noise, odor, and building massing related to the proposed newspaper press operation to the adjoining Pelican Marsh DR! and Collier Tract 22 PUD. Findings: The proposed Naples Daily News BPPUD is not compatible with adjacent land uses due to the related noise, odor, and building massing related to the proposed newspaper press operation, but the proposed conditions would aid in creating ameliorating elements. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: The project was reviewed based on the current Transportation Impact Statement (TIS) guidelines and with respect to Policy 5.1 of the Collier County Growth Management Plan transportation element. The project is located in the northwest Transportation Concurrency Management Area (TCMA). The project was reviewed at build-out and the five year planning period. The TCMA is expected to function at an acceptable level of service within the five year planning period when both project trips and back ground traffic are considered. The project is consistent with Policy 5.1 of the Transportation Element in the Growth Management Con: The proposed change will result in an overall increase in daily trips by 5,047 from the Naples Daily News BPPUD, as determined by the Traffic Impact Statement and several intersections will not function at acceptable levels of service with both back ground traffic and the additional project trips. Findings: Staff believes that the proposed conditions would aid in creating ameliorating elements which would offset the adverse impacts from the proposed land uses. 8. Whether the proposed change will create a drainage problem; Pro: The proposed change incorporates two existing water management systems, one from Creekside Commercial Park PUD and Pelican Marsh DR!. The proposed storm water drainage will incorporate these and provide others to meet Collier County's and South Florida Water Management District regulations. The subject property is in Flood Zone AE 11 and all development will be required to meet County and FEMA flood protection regulations. Con: Urban intensification could potentially Increase area-wide flooding In a severe rainfall event. Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; 28 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No, 8e October 24,2006 Page 44 of 273 Pro/Con: Evaluation not applicable Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Urban intensification typically increases the value of adjacent or underutilized land. Con: Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment mayor may not affect value. However, staff is of the opinion that this petition could adversely affect property values based on the projects incompatibility to the Land Development Code and the adjoining property as identified previously. Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation mayor may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable Findings: The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deten"ence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro: The subject property is designated Urban (Urban - Mixed-Use, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. 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. 29 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No. Be October 24, 2006 Page 45 of 273 Con: Staff has identified that the PUD document did not provide for multiple buildings, and did not provide for a park-like setting. The majority of the "open space" would be restricted from access to the employees and the patrons of the business park, access to the business park was not directly off of an arterial of collector road, and the maximum building height exceeded the maximum height for business parks and industrial districts. Findings: The proposed rezone to BPPUD is compliance with the Growth Management Plan with the conditions that have been identified, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact the proposed BPPUD would constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro: When a Business Park is located in the Urban Commercial District or Urban-Mixed Use District, the industrial uses shall be limited to light industry such as light manufacturing, processing, and packaging in fully enclosed buildings; research, design and product development; printing, lithography and publishing; and similar light industrial uses that are compatible with non-industrial uses permitted in the district; and, the Planned Unit Development Ordinance or Rezoning Ordinance for a Business Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision Con: The property could continue to be used with the existing zoning. The 7.8-acre appendage of land that extends into Pelican March will remain unchanged and will continue to be used as it is currently being used, i.e.: preserve, lakes, golf course, and buffering. Findings: Staff believes that the proposed conditions would aid in creating ameliorating elements which would offset the adverse impacts from the proposed land uses. 14. \Vhether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed Naples Daily News BPPUD meets the minimum Area of 35 acres for a Business Park as required by the GMP. Con: The adjoining properties are each developed within the limitations of the building height requirements of their approved Planned Unit Development, and each of these has a relative low profile. Findings: Staff believes that the proposed conditions would aid in creating ameliorating elements which would offset the adverse impacts from the proposed land uses. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. 30 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No, Be October 24, 2006 Page 46 of 273 Pro/Con: Evaluation not applicable Findings: There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. Pro: Any development of this site would require considerable site alteration with the existing or the proposed zoning. Con: The configuration of the property and the limitations of accessibility for the use of portions of the subject property restrict the intended use and design for Business Park as identified in the GMP. Findings: Staff believes that the proposed conditions would aid in creating ameliorating elements which would offset the adverse impacts from the proposed land uses. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable Findings: A multi-disciplined team responsible for reviewing jurisdictional elements of the GMP and the LDC public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A final determination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development approval process 31 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No. 8e October 24, 2006 Page 47 of 273 FINDINGS FOR PUD PUDZ-200S-AR-8833 Section 10.02.] 3 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: The nearby area is developed with industrial, commercial and residential uses and the petition is for industrial and commercial uses. The petitioner is setting aside a preserve area and has agreed to EAC recommendations regarding mangrove protection. The project will be required to comply with all county regulations regarding drainage, sewer, water and other utilities and has agreed to assist in roadway improvements to Lakeview Drive. 32 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No. se October 24, 2006 Page 48 of 273 Con: Staff has identified that the PUD document did not provide for multiple buildings, as intended in the GMP, and did not provide for a park-like setting. The majority of the "open space" would be restricted from access to the employees and the patrons of the business park, access to the business park was not directly off of an arterial of collector road, and the maximum building height exceeded the maximum height for business parks and industrial districts. The Growth Management Planning Department has indicated that the proposed Naples Daily News BPUD is not consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Findings: Staff believes that the proposed conditions would aid in creating ameliorating elements which would offset the adverse impacts from the proposed land uses. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable Findings: Documents submitted with the Naples Daily News BPPUD application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. EXHIBIT "B" 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: The applicant has identified in the "Statement of Compliance" of the Naples Daily News BPPUD document will be in compliant with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. Con: Staff has identified that the plan did not provide a plan for multiple buildings, the plan did not provide for a park-like setting. The majority of the "open space" would be restricted from access to the employees and the patrons of the business park, access to the business park was not directly off of an arterial of collector road, and the maximum building height exceeded the maximum height for business parks and industrial districts. The Growth Management Planning Department has indicated that the proposed Naples Daily News BPUD is not consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). 33 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No. 8e October 24,2006 Page 49 of 273 Findings: Staff believes that the proposed conditions would aid in creating ameliorating elements which would offset the adverse impacts from the proposed land uses. (see Staff Report). 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The petitioner states that the petition is compatible with the surrounding land uses. Con: The proposed rezoning request while meeting the total area requirement and the minimum building coverage requirements of the Business Park criteria within the GMP, the applied use of the subject property significantly deviates from the intent of the Business Park design. Issues with providing adequate area to for a park-like setting, the limited number of buildings making up the park, the desire to limit buffering which would aid in ameliorating adverse impacts to adjoining properties, and the excessive height proposed will contribute to visual blight to the adjoining properties. Findings: Staff believes that the proposed conditions would aid in creating ameliorating elements which would offset the adverse impacts from the proposed land uses. (see Staff Report). S. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: The petition meets the minimum Open Space requirements of 30 percent. Con: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code (32 percent). Of that amount, the majority of the open space is located in the appendage of land that is surrounded on three sides by Pelican Marsh DRI (Bay Colony Golf Club) and accessed by the employees and customers of the proposed business park will be restricted Findings: Staff believes that the proposed conditions would aid in creating ameliorating elements which would offset the adverse impacts from the proposed land uses. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable Findings: The proposed Naples Daily News BPPUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. 34 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No. se October 24,2006 Page 50 of 273 Pro/Con: Evaluation not applicable Findings: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro: The petitioner has submitted a request for five deviations within the PUD Document. These deviations are requested to provide development standards that would help in the Business Park design. Con: Staff has identified that the plan did not provide for multiple buildings, and did not provide for a park-like setting. The majority of the "open space" would be restricted from access to the employees and the patrons of the business park, access to the business park was not directly off of an arterial of collector road, and the maximum building height exceeded the maximum height for business parks and industrial districts. The Growth Management Planning Department has indicated that the proposed Naples Daily News BPUD is not consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Findings: Staff believes that the proposed conditions would aid in creating ameliorating elements which would offset the adverse impacts from the proposed land uses, which includes the staffs recommendation that of the requested five deviations only Deviations # 1 and #3 be approved. 35 of 35 PUDZ-05-AR-8833, Naples Daily News BPPUD Agenda Item No. se October 24, 2006 Page 51 of 273 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE AEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 ~.COLLlERGOV.NET . (239) 403-2400 FAX (239) 643-6968 PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER Rev. 1 PUDZ-2005-AR-8833 PROJECT #2005110029 DATE: 4/21/06 Michael DeRuntz NAME OF APPLICANT (S) COLLIER PUBLISHING COMPANY. INC. D.S.A. NAPLES DAILY NEWS ADDRESS 1075 CENTRAL AVENUE CITY NAPLES STATE FLORIDA ZIP 34102 TELEPHONE # 239-435-3405 CELL # FAX # E-MAIL ADDRESS: NAME OF AGENT D. WAYNE ARNOLD. AICP - O. GRADY MINOR AND ASSOCIATES. P.A. ADDRESS 3800 VIA DEL REY CITY BONITA SPRINGS STATE FLORIDA ZIP 34134 TELEPHONE # 239-947-1144 CELL # FAX # 239-947-0375 E-MAIL ADDRESS:WARNOLD@GRADYMINOR.COM NAME OF AGENT R. BRUCE ANDERSON. ESO.- ROETZEL & ANDRESS. L.P.A. ADDRESS 850 PARK SHORE DRIVE. TRIANON CENTRE. 3RD FLOOR CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239-649-2708 CELL # FAX # 239-261-3659 E-MAIL ADDRESS:BANDERSON@RALAW.COM AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF CCRDINGL Y AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATiONS. NDBP CPUD Rezone Petition. doc Agenda Item No. se October 24, 2006 Page 52 of 273 Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. . NAME OF PROPERTY OWNERS ASSOCIATION: CREEKSIDE COMMERCE PARK MAILING ADDRESS 2600 GOLDEN GATE PARKWAY CITY NAPLES STATE FL ZIP 34105-3227 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION: . MAILING ADDRESS CITY STATE ZIP e NDBP CPUD Rezone Petition. doc Agenda Item No. se October 24, 2006 Page 53 of 273 . a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership NOT APPLICABLE b. If the property is owned by a CORPORATION, list-the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership Creekside Commerce Park Property Owners Association. Inc. 2600 Golden Gate Parkway Naples. Florida 34105-3227 . c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Folio # 29331190521 Folio # 29331190660 100% Name and Address Percentage of Ownership NOT APPLICABLE d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership Ocean Boulevard Partnership II 2600 Golden Gate Parkway. Suite 200 Naoles. Florida 34105-3227 Folio # 00168040601 Folio # 00168046003 100% e Ocean Boulevard Partnership 2600 Goiden Gate Parkway. Suite 200 Naples, Florida 34105-3227 Folio # 00168042900 100% NDBP CPUD Rezone Petition. doc Agenda Item No. 8e October 24, 2006 Page 54 of 273 Ocean Boulevard Partnership II Ocean Boulevard Partnershio 2600 Golden Gate Parkway. Suite 200 Naples. Florida 34105-3227 Folio # 00168042803 100% . e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Folio # 00168040601 Folio # 00168042900 Folio # 00168042803 Folio # 00168046003 100% Collier Publishina Comoany. Inc.. dba Naples Daily News 1075 Central Avenue. Naples. FL 34102 Date of Contract: f. If any contingency clause or contract terms involve Cidditional parties, list aJI.. individuals or officers, if a corporation, partnership, or trust. . Name and Address g. Date subject property aCQuired L8J 1994. 2005 les8ed D Term 8f 18s88 -yrS.!M88. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: Anticipated closing date: , or h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit . a supplemental disclosure of interest form. NDBP CPUD Rezone Petition.doc Agenda Item No. se October 24, 2006 RUN SOUTHERLY ALONG THE ARe OF SAID eURVE TO THE LEFT, HAVING A RADIUS OF 30.00 ~~%T?~~kbJGH A CENTRAL ANGLE OF 93006'13"; SUBTENDED BY A CHORD OF 43.56 FEET AT A BEARING OF SOUTH 15035'09" WEST, FOR A DISTANCE OF 48.75 FEET TO THE END OF SAID eURVE; THENCE RUN SOUTH 30057'58" EAST FOR A DISTANeE OF 34.79 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE eONCAVE A:>UTHWEST; THENeE RUN SOUTHEASTERLY ALONG THE ARC OF SAID eURVE TO THE RIGHT, HAVING A ~DIUS OF 80.00 FEET; THROUGH A CENTRAL ANGLE OF 14016'42"; SUBTENDED BY A CHORD OF 19.88 FEET AT A BEARING OF SOUTH 23049'37" EAST, FOR A DISTANCE OF 19.94 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 84013'14" EAST FOR A DISTANCE OF 158.41 FEET; THENCE RUN SOUTH 80055'24" EAST FOR A DISTANCE OF 183.78 FEET; THENeE RUN SOUTH 81052'51" EAST FOR A DISTANCE OF 180.90 FEET; THENCE RUN SOUTH FOR A DISTANCE OF 261.28 FEET; THENeE RUN WEST FOR A DISTANCE OF 394.57 FEET; THENCE RUN NORTH FOR A DISTANeE OF 271.73 FEET; THENCE RUN NORTH 84013'14" WEST FOR A DISTANCE OF 120.32 FEET; THENCE RUN SOUTH 33005'40" WEST FOR A DISTANCE OF 54.13 FEET; THENCE RUN SOUTH 76056'51" WEST FOR A DISTANeE OF 89.04 FEET; THENeE RUN NORTH 58035'21" WEST FOR A DISTANCE OF 65.19 FEET; THENCE RUN NORTH 15031'55" WEST FORA DISTANeE OF 74.80 FEET; THENCE RUN NORTH 00041'41" WEST FOR A DISTANCE OF 115.24 FEET; THENeE RUN NORTH 28022'47" EAST FOR A DISTANCE OF 171.51 FEET; THENCE RUN NORTH 17"11'45" WEST FOR A DISTANCE OF 106.79 FEET; THENCE RUN NORTH 13002'52" EAST FOR A DISTANCE OF 28.51 FEET; THENeE RUN NORTH 73036'14" WEST FOR A DISTANeE OF 54.78 FEET; THENeE RUN SOUTH 49016'08" WEST FOR A DISTANCE OF 112.78 FEET; THENCE RUN SOUTH 89047'08" WEST FOR A DISTANCE OF 53.08 FEET; THENeE RUN NORTH 58000'49" WEST FOR A DISTANeE OF 50.49 FEET; THENeE RUN NORTH 00039'12" WEST FOR A DISTANCE OF 303.48 FEET; THENeE RUN NORTH 89020'45" EAST FOR A DISTANeE OF 341.45 FEET; THENeE RUN NORTH 00039'15" WEST FOR A DISTANeE OF 25.00 FEET; THENeE RUN NORTH 69014'15" EAST FOR A DISTANeE OF 258.29 FEET; THENCE RUN NORTH 13026'32" EAST FOR A DISTANeE OF 348.97 FEET; TO A POINT ON A elReULAR CURVE eONCAVE NORTH, WHOSE RADIUS POINT BEARS NORTH 03017'21" EAST, A D1STANeE OF 936.00 FEET THEREFROM; THENCE RUN EASTERLY ALONG THE ARe OF SAID eURVE TO THE LEFT, HAVING A RADIUS OF 936.00 FEET, THROUGH A eENTRAL ANGLE OF 06023'14", SUBTENDED BY A eHORD OF 104.29 FEET AT A BEARING OF SOUTH 89054'16" EAST, FOR A DISTANeE OF 104.34 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH 86054'07" EAST FOR A DISTANeE OF 258.32 FEET TO THE BEGINNING OF A TANGENTIAL CIReULAR eURVE CONCAVE NORTHWEST; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET; THROUGH A eENTRAL ANGLE OF 86054'07"; SUBTENDED BY A CHORD OF tt.77 FEET AT A BEARING OF NORTH 43027'04" EAST, FOR A DISTANCE OF 75.84 FEET TO THE END OF SAID RVE; THENeE RUN NORTH FOR A DISTANeE OF 830.91 FEET TO A POINT ON A elRCULAR CURVE CONCAVE ORTHWEST, WHOSE RADIUS POINT BEARS NORTH, A DISTANeE OF 85.00 FEET THEREFROM; THENeE RUN NORTHEASTERLY ALONG THE ARC OF SAID eURVE TO THE LEFT, HAVING A RADIUS OF 85.00 FEET, THROUGH A CENTRAL ANGLE OF 90000'00", SUBTENDED BY A eHORD OF 120.21 FEET AT A BEARING OF NORTH 45000'00" EAST, FOR A DIST ANeE OF 133.52 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH FOR A DISTANCE OF 224.63 FEET TO THE POINT OF BEGINNING; CONTAINING 35.24 AeRES, MORE OR LESS. Size of property: ft. X ft. = Total Sq. Ft. Acres 35:t: Address/aenerallocation of subiect property: 1154. 1200 Immokalee Road. and 10500 Tamiami Tr. N. PUD District (LDC 2.03.06): o Residential 0 Community Facilities r;gJ Commercial D Industrial Zoning Land use NPUD SPUD EPUD Commercial: Collier Tract 22 PUD Residential and oolf course: Pelican Marsh PUD Commercial: Creekside Commerce Park. Residential and oolf course: Pelican . f.A",,..,h or In IYIWI..;;Ylt. v,"" WPUD Commercial: Granada Shoooes. Golf course: Pelican Marsh PUD NDBP CPUD Rewne Petition. doc Agenda Item No. se . October 24,2006 O h f th b. t rty rt t' t h . b' Paqe 56 of 273 oes t e owner 0 e su ~ec prope own prope y con Iguous 0 t e su ~ect property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). YES SectionITownship/Range S27/ 148S/ R25E Lot: Block: Subdivision: Plat Book_ Page #: Property 1.0. #: 00167800004. 00168043006. and 00168042609 Metes & Bounds Description: . This application is requesting a rezone from the A. Rural Agriculture and Creekside Commerce Park PUD. zoning district{s) to the BPPUD (BUSINESS PARK PLANNED UNIT DEVELOPMENT) zoning district(s). Present Use of the Property: AGRICULTURAL - VEGETABLE CROP. LAKE AND RIGHT-OF-WAY Proposed Use (or range of uses) of the property: LIGHT INDUSTRIAL BUSINESS PARK INCLUDING BUT NOT LIMITED TO MULTI-MEDIA PUBLISHING. Original PUD Name: CREEKSIDE COMMERCE PARK PUD Ordinance No.: 97-51 Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis an. recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.B) The Naples Daily News Business Park Commercial Planned Unit Development proposes a maximum of 400,000 square feet of light industrial land uses on 35:t acres. The property is located on Immokalee Road approximately 0.2 miles from the intersection of Immokalee Road and Tamiami Trail (U.S. 41). Access to the project is from Creekside Boulevard and Creekside Way. The project is located within the Urban Mixed Use District, Urban Residential Sub-district. The proposed business park light industrial land uses are consistent with the intent and purpose of the Business Park Subdistrict of the Future Land Use Element. The conceptual master plan prepared for the property identifies the proposed building areas in support of the light industrial land uses. The conceptual master plan also identifies proposed points of ingress/egress to the site, landscape buffers and areas proposed for storm water retention. The proposed development is compatible with surrounding commercial development which also lies within the Urban Residential Sub-district, and adjacent Mixed Use Activity Center Subdistrict. I. The suitability of the area for the type and pattern of development proposed in relatJo~ to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. NDBP CPUD Rezone Petition. doc e . . Agenda Item No. se October 24, 2006 Page 57 of 273 The subject property is located in the Urban Mixed Use District on the Future Land Use Map, which permits land uses such as business parks which permit light industrial uses. The site is presently undeveloped, and all contiguous properties are developed with commercial and light industrial land uses and golf course tracts within the Pelican Marsh PUD. The site has access to Immokalee Road, Goodlette Road, and U.S. 41 via Creekside Boulevard and Immokalee Road. Urban services are presently available to the property and sufficient capacity exists to serve the proposed land uses. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The documents submitted with the application provide evidence of unified control. The subject property is under contract for purchase and appropriate disclosures are provided in the application. The BPPUD document includes standard language which addresses the continued operation and maintenance of common areas with the BPPUD. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The Statement of Compliance located in the BPPUD document discusses consistency with the Collier County Growth Management Plan. The proposed commercial land uses are consistent with the intent and purpose of the Business Park Sub-district of the Future Land Use Element. Objective 7, and the implementing policies of the Future Land Use Element, encourage developments to connect to frontage roads in lieu of collector and arterial roads. The proposed connection to Creekside Boulevard fulfills this objective. A direct interconnect is not feasible to Granada Shoppes; however, pedestrian access will be provided via a sidewalk connection. Shared access to the Creekside Commerce Park PUD will be provided through Creekside Way and Creekside Boulevard. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed business park development is compatible with the surrounding land use pattern. The internal arrangement of the proposed development, access points and project buffers are consistent with the Growth Management Plan and Land Development Code and sound planning principles with respect to urban infill development. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The proposed business park will provide open space in accordance with the LOC. Open spaces will be provided for this project and will include areas for landscape buffers, building landscaping, preserves, and water management areas. NDBP CPUD Rezone Petition.doc 6. Agenda Item No. se October 24, 2006 . . Page 58 of 273 The timing or sequence of development for the purpose of assunng the adequacy of available improvements and facilities, both public and private. The proposed timing of development will be required to be consistent with the county'. concurrency management system in effect at the time development order approvals are granted. At the time of application, there are no known deficiencies of the surrounding infrastructure system. The project lies within a designated Transportation Concurrency Management Area (TCMA) and will be required to be consistent with Policies 5.7, 5.8 and 5.9 of the Transportation Element of the Growth Management Plan. 7. The ability of the subject property and of surrounding areas to accommodate expansion. At the filing date of the zoning application there are no plans to expand the boundaries of the proposed BPPUD. Adjacent properties are presently developed and occupied. The application includes all properties under the unified control of the applicant. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed BPPUD includes development standards and conditions which are consistent with other similar types of light industrial and business park planned developments. The PUD document and master plan include buffers and development standards which also fulfill objectives to promote economic development and high wage employment opportunities i. Collier County Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use etltio s on the sub ec held on this property within the last year? 0 Yes If so, what was the nature of that hearing? NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to suoolv necessarv information to continue orocessina or otherwise activelv oursue the rezonina for a oeriod of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current cod (LDC Section 10.03.05.0.) NDBP CPUD Rezone Petition.doc Agenda Item No. se October 24, 2006 Page 59 of 273 e THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET Check here if not reauired o o o o o o o o [8J ~ Utility Provisions Statement with Sketches 0 Traffic Impact Statement or waiver 0 Historical Surveyor waiver 0 Architectural Rendering of Proposed Structures [8J Boundary Survey, no more than 6 months old (24" x36") 0 Copies of State and/or Federal Permits [8J Affordable Housing Density Bonus Agreement, if applicable [gJ Electronic Copy of PUD Document & Plans 0 Copy of Letter notifying the U.S. Postal Service of project Addressing Checklist Required Fees - No. of Copies [2] 24'" ~24'" ~24* [2]1 [2] 24 [2]1 02* ~ 1* 04 05* 04 [2]7 ~4 04 ~4 04 04 ~1 01 ~2 [8J Aerial Photos with Habitat Areas Identified Completed Application Pre-Application Meeting Notes Legible Conceptual Site Plan 24" X 36" Conceptual Site Plan 8 %" X 11" PUD Document and Master Plan 24" x 36" Master Plan Warranty Deed or Contract f~r Sale Owner/Agent Affidavit, signed & notarized Environmental Impact Statement or waiver * One additional copy required If for Affordable Housing o 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 necessarx s.~mittal info ation may re ult in the delay of processing this petition. r-u. w d?/O(; . Agent/Applicant Sig ature Date I ( NDBP CPUD Rezone Petition.doc Agenda Item No. se October 24, 2006 Page 60 of 273 . . . e e e ~~/~~/255G 13;54 2396436968 Agenda Item No. se October 24,2006 Pp~61 ~/t,53 cu...LIER CTY ZONING Rev. 1 PUDZ-200S-AR-8833 PROJECT #2005110029 DATE: 4/21/06 Michael DeRuntz .~ COJ.LJSR ~OUNTY GOVBRNMENT COMMUNITY D~PlvfENT S~Vr$l~ PL>>1NDlG S CES DBE' BNGmEERING RBVI:D SECTION' 2600 NORTH HORSESHOE DRIVE NAPLES. FL 33942 (941) 645-8400 J'anl.lary 2, 1~96 ,\ CERTIF'ItD BLUE CHI r COMMV:VrJ'Y Mr. John Steven Kempton, P. E. Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lana, Suite 200 Naples, Florida 33942 RE: ~cavation P~rmit No. 59.555 "Pelican Marsh Lakes 39, 40, 42, 43, Effll.lent Pond, &t Lake :2 Addition" Section 27, Township 48 South, Range 25 East Collier County, Florida Dear Mr. Kempton: In accordance with the authority given in Section 3.5.5.2.1 of County Ordinance No. 9),-102, as amended, your application for a "Development" Excavation is hereby approved subject to the following stipulatiDns: 1. The excavation shall be limited to a bottom elevation of depth of 16.4 feet from original depth. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of s feet from original grade. Since multiple' lakes are involved, the Plan of necord will be the reference for lake depth. 2. No excavated material shall be removed from the project !ite. 3. The lake littoral zone shall be created and planted as indicated Dn the Plan of Record. 4. In order to ensure a minimum eighty percent (SO%) coverage of littoral zone planting areas, a performance guarantee, based on a cost estimate to replace the original installed littoral ~one plants, will be required opon completion and Acceptance .of the excavation (Land Development Code 3.5.7.2.5). 5. All provisions of Collier County Ordinance No. 9l~l02, Division 3.5 shall be adhered to. ~~/~~/~~~b lJ:~4 :l::l%43G';l6B COLLIER crv ZONING Agenda Item No. se' October 24,2006 PalliL62 of 273 PAGE 83rEl5 Mr. John Steven Ke~~1 P. E. Excavation Permit No. 59.555 January 2, 1996 Page 2 . 6. Where groundwater is proposed to.Se pumped during the excavating operation, a Dewaeering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Engineering Review Services for approval prior to the commencement of any dewatering activity on the site. 7. No blasting will be permitted unless issued a eeparate permit by Collier County Engineering Review services. 8. If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, required by Land Development Code, Division 3.9 shall be obtained from Collier County Planning << Technical Serviees before work shall c~mmence. g. A 20 ft. maintenance easement shall be proviaed. around the perimeter of the lake and. 4 20 ft. access easement to it shall be provided from a right-of-way. The easement shall be accessible CO all maintenance vehicles. We are in receipt of the excavation permit fee in the amount of $901. 00. A performance guarantee in the fo:r:m of a Letter of Credit for . $100,000.00 has been received. The Letter of Credit oovers multiple projects of which this is one. The Plan of Record for this excavation is titled "Bay Colony at Pelican Marsh Additional 9 Golf Course Holes",(Sheets 4,5, &: lS of 17} prepared by Wilson, Miller, Barton &: Peek, Inc., aated October 17, 1995, no revisions. Should you have any further questions regarding this matter, please feel free to contact us at (941) g43-8471. Very t.~l~~lurs, I "# .'.' .-/ /t' /~i-t,..;// ;.t~.A I ~t-.J. Stanley,""". c1i!"zanowski, P.E. Senior Engin~r SC/ew/doc.10226 cc: Clyde FUgate, Engineering Inspection supervisor ~x 59.555 Fil~ ReaCiing File It e . e ~~'D~/LOOO ~~;O~ ~~~~q~b~b~ UJLLIER CTY ZONING Agenda Item No. se October 24, 2006 P~~~3 &ltls' COLLIER COUNTY GOVERNMENT COMr\.1UNlTYPEVm.OPMBNT AND ENVlRONMENTALSERVICES DMSlCI'i P.ngineerhig services Department 2800 N. f.(()(SeShoe Dr. · Naples, Floritk 34104 · 239-059--;7+4 . Fa ~..Q968 www.co.c:oDier.fi.ns May 14,2004 JARED BROWN, P.E. WIl.SONMJLLER 3200 BAILEY LANE SUITS.200 NAPLES, FL 341 OS (239) 649-4040 RE: Insubstantial Clumge to "BAY COLONY GC @ PEUCAN MARSH" . SDPI-2004-AR-S281 Project # 19993075, SDP#9S-125 Dear Mr. Brown : 'This is in response to your submittal of plans showing: Revisions to lake '# 43 to accurately represent the actual size and shape. (See E't. 59.555). This office has reviewed the plans and has DO objection to the changes shown. PleBle efJntaet Peggy JarreD at (239) 403-2482 to coonliDate possible addressing chBDgS. *18 the event 8 stnu:tnraJ or land alteration Is affected by this cbange,. bufJcllDg or land altentloo permit DaD be obtained If applicable. TWQ (2 ) copies of the approved plans are beini retmned for your use. Please call me if you have any qnestions or n~ any additio~ information. k.. /.......1' . Sincdt~y"', ....J i . i// ' j ,,: ,,:',l .:'. :/ ~ . 's~~o~~~{A~" Engineer Review ~ger cc: Don Nobles, Engineering Inspector Suporvisor, w/attachmcut Customer Service. Addressing, w/attachment SDPI-AR-5281) w/attachment Fire Code Offi.cial~ ",Iattachment Steve Wander. Engineer. w/attachment Reading File c 1-7~ . OM.. ~ ~ c .. r ~~'~~'4~ao ~~:o~ L~~bq~b~b~ COLLIER crv ZCHING Agenda Item No. se' October 24, 2006 Page 64 of 273 PAGE 85/ as (". COlllERCOUNfYGOVERNMENT OOMMUNlTY!?EVF1OPMEN1'ANDmMRONMENTALSERVlCESDMSlON &JslneerIDS ~ Department 2800 N. HorsesbGe Dr. · Nlples, JIlodda 34204 · 239-659,5744 · Pa: 2~ WWW..eo.co1lJer.ll.us . 1/13/2004 slnce~IY~ j u~d.~.~ ~ William A. Spencer, Engineer H"~IJ ..(.t.A.~~ r....... 00: ExcavatJon Reac1lng Rle Engineering Services Reading File It c !' (~ff;~ . ,. c; o If .. t: ~ e i;.~i>~.f,I~I' 'j ~ii!ffi', -::;t/: ~ '~i;~\ COLLIER COUNTY GO' YED}. T1\ IT"QNT ,,'Y ill "41Vill ." Agenda Item No. se October 24,2006 Page 65 of 273 mr~~~[I~FI) II!;, -Wi 5 In, iuu' ~-------_.._-- . ---... :- _.._....._..__.....~. ._-_.-------_._---_.._~_.-. .... -" .. COMr.WNITY DEVELOPMENT AND ENVIRONMENT/\L SERVICES DIVISION PLANNING SERVICES DEPAnTMENT ENGINEEIUNG REVIEW SECTION 2800 NORTH HORSESHOE DR [VE NAPLES, FLORr \ :'J410-t ZS'Z(,S" Dccember 30, 1997 Rev. 1 PUDZ-200S-AR-8833 PROJECT #2005110029 DATE: 4/21/06 Michael DeRuntz Mr. Chris Hagan, P .E. Johnson Engineering, Inc. Poinci.ana Park, Suite 216 2640 Golden Gate Parkway Naples, Florida 341 19 RE: Commercial Excavation Permit No. 59.621 "Creekside" Section 27, Township 48 South, Range 25 East Collier County, Florida e Dcar Mr. Hagan: This is your excavation permit. In accordance with the authority given in Section 3.5.5.2.1 of County Ordinance No. 91-102, as amended, your application for a "Commercial" Excavation is hereby approved subject to the foHowing stipulations: 1. The excavation shan be limited to a bottom elevation of -14.0 ft. NGVD. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of -2.0 ft. NGVD. ~ 2. No excavated material shall be removed from the project site. 3. The lake littoral zone shall be created and planted as indicated on the Plan of Record. 4. In order to ensure a minimum eighty percent (80%) coverage of littoml zone planting areas, n perfonnance guarantee, based on a cost estim;.!te to replace the original installed littoral zone plants, will be required upon completion and acceptance of the excavation (Land Development Code 3.5.7.2.5). No Ccrti~cates of Occupancy will be issued until this performance guarnntee is submitted. - [901 i i 403.2400 (941) 403.2440 (941) 403.2330 Natural RC'sollrcc$l Plnnning Services Pollution Control I 9.111 i:C:!.~;;O:. (!).lll .1O:1.~:Ill() (941) 732-2502 filliidjnJ: Rc\'jcw & PCl'1niltin~ Code Enf(lr(:cmcnl Housing & Urban Improvement Agenda Item No. se October 24, 2006 Page 66 of 273 Excavation Pcnnit 59-621 .Creekside. December 30, 1997 Page 2 . 5. All provisions of Collier County Ordinance No. 91-102, Division 3.5 shall be adhered to. 6. Where groundwater is proposed to be pumped during the excavating operation, A Dewatering Permit shall be obtained ~rom the South Florida Water Management District, and a copy provided to Engineering Review Services for approval prior to the commencement of any dewatering activity on the site. 7. No blasting will be permitted unless issued a separate permit by Collier County Engineering Review Services. ~. _ If trees are to be removed as a result of the excnvating opcrution, a Vegetation Removal Permit, required by Land Development Code, Division 3.9 shall be obtained from Collier County Planning & Technical Services before work shall . commence. 9. A 20 ft. maintenance easement shall be provided around the perimeter of the lake and a 20 ft. access easement to it shall be provided from a right.of-way. The easement shall be accessible to all maintenance vehicles. . Since we are in receipt of a performance guarantee in the fonn of a bond for the entire project including the amount of $25,000 for the lake excavation and a permit fee in the amount of $109.00, this letter is your permit. The Plan of Record for this excavation is titled "Construction Permit Plans for Creekside Commerce Park West, Sheets 5. 7, and 16" prepared by Johnson Engineering, dated December 23, 1 997, no revisions. Should you have any further questions regarding this matter, please feel free to contact us at (941) 403-2471. Very truly yours, \ - Stan Chrzan ski, P.E. Senior Engineer SCJdenlf:\Excavation Forms -- cc: Clyde Fugate, Engineering Inspection Supervisor EX 59.621 File 'O(D(V) COOl'- ON ON..... Z - 0 ~. rooro '0-0.. c;(.) roO OJ <{ en N l't)O l't)O co,-! CO.... N. IJn\D~ D::OOC <=.....= .N....D:: Ln~NQJ 0.........0 OU~- N QJ .-!1u.luCl:l NI"'\W.= 'COI-U ai ::) c:( < .- D::Q.Q.C:E . 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'ii . ~ ~ ~ ~ ~I ~ ~ ~ i I ~I ; I. ;!I~ 1!11~1 J I~ II i I i I l.ii ~rlll !~ I~ I ii il1.ll ; ri ; I j~~ ill:!! iU~~ ~~ . ~; Ii JI q 111~!~llliJ.! ~ll\! 1~1j!~!!'~~ ~ If. ~~~1~ I IM'lllll! ~1~IlU~~~~~ ~ h~~~;I- ~;~!~!!!I! ~i~~m~~h im~t!n -. - : ,(....- ..... ,zj II 'I' i ~ ....]zr.--...lz[ I 'I' I I I . ; ;. . P~I ~;p jql , , I;; IIIIII! I ~ ~ I I I I .1 d~! !~ ;01'1,11 Ii n.11 '1"" I~ II HUll, dill I! . i .... 'I ./ I! :~: II . <I ~J . ..... ,~ I ~~~ ~l I ~;~ :: !q:~ I 1 . ti ill ~iI II!I in ~:!' ! . ~ t <I 11 ~ 8lL 15 t5~ i iI'!i ::J I ~ :S! i~~ I~ 1..1f 111111 , I I f i,l gU . R 1 Agenda Item No. se eVe O\t~b~?4 2006 PUDZ-2005-~8~~ 273 PROJECT #2005110029 DATE: 4/21/06 Michael DeRuntz STATEMENT OF UTILITY PROVISION_ FOR PUD REZONE REQUEST NAME OF APPLICANT (S) COLLIER PUBLISHiNG COMPANY. INC.. DBA NAPLES DAILY NEWS ADDRESS 1075 CENTRAL AVENUE CITY NAPLES STATE FLORIDA ZIP 34102 TELEPHONE # 239-435-3405 CELL # FAX # E-MAIL ADDRESS: ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 1154. 1200 Immokalee Road. and 10500 Tamiami Tr. N. SectionlTownship/Range S27 IT 48S/R25E Lot: Block: Subdivision: Plat Book Page #: Property 1.0. #: 29331190521,29331190660.00168040601. 168042900 00168042803 and 00168046003 tes & Bounds Description: A PAReEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, eOLLlER eOUNTY, FLORIDA, BEING MORE PARTleULARL Y DESCRIBED AS FOLLOWS: eOMMENeE AT THE NORTHWEST eORNER Of SEeTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, eOLLlER COUNTY, FLORIDA; THENeE RUN SOUTH 00038'43" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER Of SAID SECTION 27, ALSO BEING THE EAST RIGHT-OF-WAY Of U.S. 41 fOR A DISTANeE OF 125.02 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD; THENCE RUN NORTH 44038'23" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANeE OF 34.99 FEET; THENeE RUN SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANeE OF 573.45 FEET; THENeE RUN SOUTH 86053'15" EAST, ALONG SAID SOUTH RIGHT-Of-WAY FOR A DISTANeE OF 500.61 FEET; THENeE RUN SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 134.22 fEET TO THE POINT OF BEGINNING OF THE PAReEL OF LAND HEREIN DESeRIBED; THENeE eONTINUE SOUTH 89045'00" EAST FOR A DIST ANeE OF 599.23 FEET; THENeE RUN SOUTH 00015'00" WEST FOR A DISTANeE OF 5.00 FEET; THENCE RUN SOUTH 89045'00" EAST FOR A DISTANeE Of 35.04 FEET; THENeE RUN NORTH 02033'13" WEST FOR A DISTANCE OF 5.01 FEET; THENeE RUN SOUTH 89045'00" EAST FOR A DISTANeE OF 249.45 FEET; THENeE RUN SOUTH 00025'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60002'56" EAST FOR A DISTANCE OF 117.20 FEET; THENeE RUN SOUTH 82032'14" EAST FOR A DISTANeE OF 119.17 FEET; THENeE RUN SOUTH 00007'39" EAST FOR A DISTANCE OF 111.93 FEET; THENeE RUN NORTH 89058'01" WEST FOR A DISTANCE OF 456.64 FEET; THENCE RUN SOUTH 02019'57" EAST FOR A DIST ANeE OF 1,179.69 FEET; THENeE RUN NORTH 72059'03" WEST FOR A DISTANCE OF 656.88 FEET; THENeE RUN SOUTH 77043'40" WEST FOR A DISTANCE OF 573.75 FEET; THENeE RUN SOUTH 00039'12" EAST FOR A DISTANCE OF 187.52 FEET; THENCE RUN SOUTH 68"35'21" WEST FOR A DISTANCE OF 110.88 FEET; THENeE RUN SOUTH 57047'59" WEST FOR A DISTANCE OF 46.92 FEET; THENCE RUN SOUTH 89020'45" WEST FOR A DISTANCE OF 156.34 FEET; THENCE RUN SOUTH 00039'15" EAST FOR A DISTANCE OF 34.09 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWEST, WHOSE RADIUS lINT BEARS SOUTH 06018'10" WEST, A DISTANCE OF 70.00 FEET THEREFROM; THENCE RUN THEASTERLY ALONG THE ARC OF SAID eURVE TO THE RIGHT. HAVING A RADIUS OF 70.00 FEET, OUGH A CENTRAL ANGLE OF 38045'24", SUBTENDED BY A CHORD OF 46.45 FEET AT A BEARING OF SOUTH 64019'08" EAST, FOR A DISTANCE OF 47.35 FEET TO A POINT ON A elRCULAR eURVE eONCAVE WEST, WHOSE RADIUS POINT BEARS SOUTH 45003'34" WEST, A DISTANeE OF 197.21 FEET THEREFROM; THENeE RUN SOUTHERLY ALONG THE ARe OF SAID eURVE TO THE RIGHT, HAVING A RADIUS OF 197.21 FEET, THROUGH A NDBP CPUD R=ne Petition.doc Agenda Item No. se' October 24, 2006 Page 70 of 273 CENTRAl ANGLE OF 75024'07", SUBTENDED BY A CHORD OF 241.20 FEET AT A BEARING OF SOUTH 07014'23" EAST, FOR A DISTANCE OF 259.53 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE EAST, WHOSE RADIUS POINT BEARS SOUTH 59032'19" EAST, A DISTANeE OF 130.00 FEET THEREFROM; THENCE RUN SOUTHER~ ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH A CENT ANGLE OF 66043'37", SUBTENDED BY A CHORD OF 142.99 FEET AT A BEARING OF SOUTH 02054'08" EAST, F A DISTANCE OF 151.40 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 98024'12", SUBTENDED BY A CHORD OF 105.98 FEET AT A BEARING OF SOUTH 12056'10" WEST, FOR A DISTANeE OF 120.22 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 62008'16" WEST FOR A DISTANCE OF 75.07 FEET TO THE BEGINNING OF A TANGENTIAL elRCULAR CURVE CONCAVE EAST; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET; THROUGH A eENTRAL ANGLE OF 93006'13"; SUBTENDED BY A CHORD OF 43.56 FEET AT A BEARING OF SOUTH 15035'09" WEST, FOR A DISTANeE OF 48.75 FEET TO THE END OF SAID CURVE; THENeE RUN SOUTH 30057'58" EAST FOR A DISTANCE OF 34.79 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST; THENeE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 80.00 FEET; THROUGH A CENTRAL ANGLE OF 14016'42"; SUBTENDED BY A CHORD OF 19.88 FEET AT A BEARING OF SOUTH 23049'37" EAST, FOR A DISTANeE OF 19.94 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 84013'14" EAST FOR A DISTANCE OF 158.41 FEET; THENeE RUN SOUTH 80055'24" EAST FOR A DISTANCE OF 183.78 FEET; THENCE RUN SOUTH 81052'51" EAST FOR A DISTANeE OF 180.90 FEET; THENCE RUN SOUTH FOR A DISTANeE OF 261.28 FEET; THENeE RUN WEST FOR A DISTANeE OF 394.57 FEET; THENCE RUN NORTH FOR A DISTANCE OF 271.73 FEET; THENCE RUN NORTH 84013'14" WEST FOR A DISTANCE OF 120.32 FEET; THENCE RUN SOUTH 33"05'40" WEST FOR A DISTANCE OF 54.13 FEET; THENCE RUN SOUTH 76056'51" WEST FOR A DISTANCE OF 89.04 FEET; THENeE RUN NORTH 58035'21" WEST FOR A DISTANCE OF 65.19 FEET; THENCE RUN NORTH 15"31'55" WEST FOR A DISTANCE OF 74.80 FEET; THENCE RUN NORTH 00041'41" WEST FOR A DISTANeE OF 115.24 FEET; THENeE RUN NORTH 28022'47" EAST FOR A DISTANeE OF 171.51 FEET; THENCE RUN NORTH 17011'45" WEST FOR A DISTANeE OF 106.79 FEET; THENCE RUN NORTH 13002'52" EAST FOR A DISTANCE OF 28.51 FEET; THENeE RUN NORTH 73036'14" WEST FOR A DISTANeE OF 54.78 FEET; THENCE RUN SOUTH 49016'08" WEST FOR A DISTANCE OF 112.78 FEET; THENCE RUN SOUTH 89047'08" WEST FOR A DISTANCE OF 53.08 FEET; THENCE RUN NORTH 58000'49" WEST FOR A DISTANCE OF 50.49 FEET; THENCE RUN NORTH 00039'12" WEST FOR A DISTANeE OF 303.48 FEET; THENCIt RUN NORTH 89020'45" EAST FOR A DISTANeE OF 341.45 FEET; THENCE RUN NORTH 00039'15" WEST FOR DISTANeE OF 25.00 FEET; THENeE RUN NORTH 69014'15" EAST FOR A DISTANeE OF 258.29 FEET; THENC RUN NORTH 13026'32" EAST FOR A DISTANCE OF 348.97 FEET; TO A POINT ON A CIRCULAR CURVE CONCAVE NORTH, WHOSE RADIUS POINT BEARS NORTH 03017'21" EAST, A DISTANCE OF 936.00 FEET THEREFROM; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 936.00 FEET, THROUGH A CENTRAL ANGLE OF 06023'14", SUBTENDED BY A CHORD OF 104.29 FEET AT A BEARING OF SOUTH 89054'16" EAST, FOR A DISTANCE OF 104.34 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH 86054'07" EAST FOR A DISTANCE OF 258.32 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET; THROUGH A eENTRAL ANGLE OF 86054'07"; SUBTENDED BY A CHORD OF 68.77 FEET AT A BEARING OF NORTH 43027'04" EAST, FOR A DISTANCE OF 75.84 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH FOR A DISTANCE OF 830.91 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTHWEST, WHOSE RADIUS POINT BEARS NORTH, A DISTANeE OF 85.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 85.00 FEET, THROUGH A CENTRAL ANGLE OF 90000'00", SUBTENDED BY A CHORD OF 120.21 FEET AT A BEARING OF NORTH 45000'00" EAST, FOR A DISTANCE OF 133.52 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH FOR A DISTANCE OF 224.63 FEET TO THE POINT OF BEGINNING; eONTAINING 35.24 ACRES, MORE OR LESS. (Check applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPO capacity) e. SEPTIC SYSTEM [2J o o o o tit NDBP CPUD Rezone Petition. doc . Rev. 1 Agenda Item No. Be PUDZ-200SEAab8~ 2006 PROJECT #200S\liOcng3 DATE: 4/21/06 Michael DeRuntz STATEMENT OF UTILITY PROVISION_ FOR PUD REZONE REQUEST NAME OF APPLICANT (S) COLLIER PUBLISHING COMPANY. INC.. DBA NAPLES DAILY NEWS ADDRESS 1075 CENTRAL AVENUE CITY NAPLES STATE FLORIDA ZIP 34102 TELEPHONE # 239-435-3405 CELL # FAX # E-MAIL ADDRESS: ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 1154. 1200 Immokalee Road. and 10500 Tamiami Tr. N. SectionITownship/Range S27 rr 48S/R25E Lot: Block: Subdivision: Plat Book Page #: Property 1.0. #: 29331190521. 29331190660. 00168040601. 00168042900. 00168042803. and 00168046003 -tes & Bounds Description: A PAReEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 27, ~WNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER eOUNTY, FLORIDA, BEING MORE PARTleULARL Y DESCRIBED AS FOLLOWS: eOMMENCE AT THE NORTHWEST eORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, eOLLlER COUNTY, FLORIDA; THENCE RUN SOUTH 00038'43" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27, ALSO BEING THE EAST RIGHT-OF-WAY OF U.S. 41 FOR A DISTANCE OF 125.02 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD; THENeE RUN NORTH 44038'23" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANeE OF 34.99 FEET; THENeE RUN SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANeE OF 573.45 FEET; THENeE RUN SOUTH 86053'15" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANeE OF 500.61 FEET; THENeE RUN SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT -OF-WAY FOR A DISTANeE OF 134.22 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN OESeR/BED; THENeE eONTINUE SOUTH 89045'00" EAST FOR A DISTANCE OF 599.23 FEET; THENCE RUN SOUTH 00015'00" WEST FOR A DISTANCE OF 5.00 FEET; THENeE RUN SOUTH 89045'00" EAST FOR A DISTANCE OF 35.04 FEET; THENCE RUN NORTH 02033'13" WEST FOR A DISTANCE OF 5.01 FEET; THENCE RUN SOUTH 89045'00" EAST FOR A DISTANeE OF 249.45 FEET; THENeE RUN SOUTH 00025'51" WEST FOR A DISTANCE OF 107.22 FEET; THENeE RUN SOUTH 60002'56" EAST FOR A DISTANeE OF 117.20 FEET; THENCE RUN SOUTH 82032'14" EAST FOR A DISTANeE OF 119.17 FEET; THENeE RUN SOUTH 00007'39" EAST FOR A DISTANCE OF 111.93 FEET; THENeE RUN NORTH 89058'01" WEST FOR A DISTANeE OF 456.64 FEET; THENCE RUN SOUTH 02019'57" EAST FOR A DISTANCE OF 1,179.69 FEET; THENeE RUN NORTH 72059'03" WEST FOR A DISTANCE OF 656.88 FEET; THENCE RUN SOUTH 77043'40" WEST FOR A DISTANeE OF 573.75 FEET; THENCE RUN SOUTH 00039'12" EAST FOR A DISTANCE OF 187.52 FEET; THENeE RUN SOUTH 68035'21" WEST FOR A DISTANCE OF 110.88 FEET; THENCE RUN SOUTH 57047'59" WEST FOR A DISTANeE OF 46.92 FEET; THENeE RUN SOUTH 89020'45" WEST FOR A DISTANCE OF 156.34 FEET; THENeE RUN SOUTH 00039'15" EAST FOR A DISTANCE OF 34.09 FEET TO A POINT ON A elRCULAR CURVE eONCAVE SOUTHWEST, WHOSE RADIUS POINT BEARS SOUTH 06018'10" WEST, A DISTANCE OF 70.00 FEET THEREFROM; THENCE RUN .6~~Sl~~~JT~~~~Gr~~:~~4~;4~~'8B~~~~~D ~~ r~~cf~~rg-F ~~i~~~ :f~'~~~lf~ci~~O s~~~~ 64019'08" EAST, FOR A DISTANeE OF 47.35 FEET TO A POINT ON A elRCULAR eURVE eONCAVE WEST, WHOSE RADIUS POINT BEARS SOUTH 45003'34" WEST, A DISTANeE OF 197.21 FEET THEREFROM; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 197.21 FEET, THROUGH A NDBP CPUD Rezone Petition.doc Agenda Item No. se - October 24,2006 Page 72 of 273 CENTRAL ANGLE OF 75024'07", SUBTENDED BY A CHORD OF 241.20 FEET AT A BEARING OF SOUTH 07014'23" _ EAST, FOR A DISTANCE OF 259.53 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE EAST, WHOSE RADIUS POINT BEARS SOUTH 59032'19" EAST, A DISTANCE OF 130.00 FEET THEREFROM; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH A CENTRIA ANGLE OF 66043'37", SUBTENDED BY A CHORD OF 142.99 FEET AT A BEARING OF SOUTH 02054'08" EAST, F~ A DISTANCE OF 151.40 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET. THROUGH A CENTRAL ANGLE OF 98024'12", SUBTENDED BY A CHORD OF 105.98 FEET AT A BEARING OF SOUTH 12056'10" WEST, FOR A DISTANCE OF 120.22 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 62008'16" WEST FOR A DISTANCE OF 75.07 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE EAST; THENeE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT. HAVING A RADIUS OF 30.00 FEET; THROUGH A CENTRAL ANGLE OF 93006'13"; SUBTENDED BY A CHORD OF 43.56 FEET AT A BEARING OF SOUTH 15035'09" WEST, FOR A DISTANeE OF 48.75 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 30057'58" EAST FOR A DISTANCE OF 34.79 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST; THENeE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 80.00 FEET; THROUGH A CENTRAL ANGLE OF 14016'42"; SUBTENDED BY ACHORD OF 19.88 FEET AT A BEARING OF SOUTH 23049'37' EAST, FOR A DISTANCE OF 19.94 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 84013'14" EAST FOR A DISTANCE OF 158.41 FEET; THENCE RUN SOUTH 80055'24" EAST FOR A DISTANCE OF 183.78 FEET; THENCE RUN SOUTH 81052'51" EAST FOR A DISTANCE OF 180.90 FEET; THENeE RUN SOUTH FORA DISTANCE OF 261.28 FEET; THENCE RUN WEST FORA DISTANeE OF 394.57 FEET; THENCE RUN NORTH FOR A DISTANCE OF 271.73 FEET; THENeE RUN NORTH 84013'14" WEST FOR A DISTANCE OF 120.32 FEET; THENCE RUN SOUTH 33005'40" WEST FOR A DISTANCE OF 54.13 FEET; THENCE RUN SOUTH 76056'51" WEST FOR A DISTANeE OF 89.04 FEET; THENCE RUN NORTH 58035'21" WEST FOR A DISTANeE OF 65.19 FEET; THENeE RUN NORTH 15031'55" WEST FOR A DISTANeE OF 74.80 FEET; THENCE RUN NORTH 00041'41" WEST FOR A DISTANCE OF 115.24 FEET; THENCE RUN NORTH 28022'47" EAST FOR A DISTANCE OF 171.51 FEET; THENeE RUN NORTH 17011'45" WEST FOR A DISTANCE OF 106.79 FEET; THENCE RUN NORTH 13002'52" EAST FOR A DISTANCE OF 28.51 FEET; THENCE RUN NORTH 73036'14" WEST FOR A DISTANeE OF 54.78 FEET; THENeE RUN SOUTH 49016'08" WEST FOR A DISTANeE OF 112.78 FEET; THENCE RUN SOUTH 89047'08" WEST FOR A DISTANeE OF 53.08 FEET; THENCE RUN NORTH 58000'49" WEST FOR A DISTANeE OF 50.49 FEET; THENCE RUN NORTH 00039'12" WEST FOR A DISTANCE OF 303.48 FEET; THENCE RUN NORTH 89020'45" EAST FOR A DISTANCE OF 341.45 FEET; THENCE RUN NORTH 00039'15" WEST FOR. DISTANeE OF 25.00 FEET; THENeE RUN NORTH 69014'15" EAST FOR A DISTANeE OF 258.29 FEET; THENC RUN NORTH 13026'32" EAST FOR A DISTANeE OF 348.97 FEET; TO A POINT ON A CIRCULAR CURVE eONCAVE NORTH, WHOSE RADIUS POINT BEARS NORTH 03017'21" EAST, A DISTANCE OF 936.00 FEET THEREFROM; THENCE RUN EASTERLY ALONG THE ARe OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 936.00 FEET, THROUGH A CENTRAL ANGLE OF 06023'14", SUBTENDED BY A eHORD OF 104.29 FEET AT A BEARING OF SOUTH 89054'16" EAST, FOR A DISTANCE OF 104.34 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH 86054'07" EAST FOR A DISTANeE OF 258.32 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID eURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET; THROUGH A CENTRAL ANGLE OF 86054'07"; SUBTENDED BY A CHORD OF 68.77 FEET AT A BEARING OF NORTH 43027'04" EAST, FOR A DISTANCE OF 75.84 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH FOR A DISTANeE OF 830.91 FEET TO A POINT ON A elRCULAR CURVE CONCAVE NORTHWEST, WHOSE RADIUS POINT BEARS NORTH, A DIST ANeE OF 85.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID eURVE TO THE LEFT. HAVING A RADIUS OF 85.00 FEET, THROUGH A CENTRAL ANGLE OF 90000'00", SUBTENDED BY A CHORD OF 120.21 FEET AT A BEARING OF NORTH 45000'00" EAST, FOR A DISTANCE OF 133.52 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH FOR A DISTANCE OF 224.63 FEET TO THE POINT OF BEGINNING; CONTAINING 35.24 ACRES. MORE OR LESS. (Check applical?le system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPO capacity) e. SEPTIC SYSTEM r2J o o o o e NDBP CPUD Rezone Petition. doc '" Agenda Item No. se October 24, 2006 Page 73 of 273 e a. COUNTY UTILITY SYSTEM b . CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) ~ o o o STATEMENT OF UTILITY PROVISIONS - page 2 """~~Rfl'.jii{lI("B;i!ii:~'1ii;B~Ifi'iH>>a&...wnH 1..".~1~"'~:IIl...'a~) A. WATER-PEAK 55.100 GPD AVERAGE DAILY 27.500 GPD B. SEWER-PEAK 55.100 GPD AVERAGE DAILY 27.500 GPD e IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED January 2007 'fIllII':HiI..BiljIr~ Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. N/A. No on site sewaae treatment proposed. ~1l1IJjll~~~IIIIlRl&1BBl1~lIiltlllliflll,fjltt{ If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. e !Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable 'vvater services fiOm any piOvider other than the County, a statement f, urn that provider indicating that there is adequate capacity to serve the project shall be provided. NDBP CPUD Rezone Petition.doc Agenda Item No. se October 24,2006 Page 74 of 273 . . . e e COVENANT OF UNIFIED CONTROL Ocean Boulevard Partnership II Agenda Item No. se Rev 1 October 24,2006 PUDZ-2005-11l28~~3f 273 PROJECT #2005110029 DATE: 4/21/06 Michael DeRuntz The undersigned do hereby swear or affirm that they are the fee simple titleholders and owners of record of property commonly known as Folio Number 00168040601. 00168046003 and 00168042803 -1200 Immokalee Road and 10500 Tamiami Trail North (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for planned unit development (PUD) zoning. We hereby designate O. Gradv Minor and Associates. P.A.. Roetzel and Andress. and Collier Publishine ComDanv. Ine. dba Naoles Dail" News legal representative thereof, as the legal representatives ofthe property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. . The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planne unit d opmen and the County ay op ongoing construction activity until the project is brought int plia rms, conditio safeguards of the planned unit development. Owner Paul J. Marinelli Printed Name Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) . J' , Sworn to (or affirmed) and subscribed before me this ~ day ofly! a/u.l , 2006 by 'y,4\) L S'. KARl 0 e1.--C( who is personally known to me or has produced as identification. .-' i .,~ I I .' ( !~ a iiWV NotaJ;?' Public U J A C'I W Cr4~CLy Iv - ~HA (Name typed, printed or stamped) ()!J~l';) (PC'f - ......''..~.~", ~""'l'."'~~ [.; \'~'1';\ ~..A'7i ~""''mOJi:;.-..> ~Rr,.tl', CAROLYN A. SHAW 1\ MY COMMISSION # DO 215&S~ i EXPIRES: SentAmhAr?~ ?OO7 ,. Ilonded nWN*~P;;I~'u.;;;;;;;,~~.U , , .. Agenda Item No. se October 24,2006 Page 76 of 273 NAPL.ES DAIL. Y NEWS BPPUD LEGAL DESCRIPTION EXHIBIT A A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00038'43" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27, ALSO BEING THE EAST RIGHT-OF-WAY OF U.S. 41 FOR A DISTANCE OF 125.02 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD; THENeE RUN NORTH 44038'23" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 34.99 FEET; THENCE RUN SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 573.45 FEET; THENCE RUN SOUTH 86053'15" EAST. ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 500.61 FEET; THENCE RUN SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 134.22 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE SOUTH 89045'00" EAST FOR A DISTANCE OF 599.23 FEET; THENCE RUN SOUTH 00.15'00" WEST FOR A DISTANeE OF 5.00 FEET; THENCE RUN SOUTH 89045'00" EAST FOR A DISTANeE OF 35.04 FEET; THENCE RUN NORTH 02033'13" WEST FOR A DISTANeE OF 5.01 FEET; THENCE RUN SOUTH 89045'00" EAST FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH 00025'51" WEST FOR A DISTANCE OF 107.22 FEET; THENeE RUN SOUTH 60002'56" EAST FOR A DISTANCE OF 117.20 FEET; THENCE RUN SOUTH 82032'14" EAST FOR A DISTANeE OF 119.17 FEET; THENCE RUN SOUTH 00007'39" EAST FOR A DISTANCE OF 111.93 FEET; THENCE RUN NORTH 89058'01" WEST FOR A DISTANCE OF 456.64 FEET; THENCE RUN SOUTH 02019'57" EAST FOR A DISTANCE OF 1,179.69 FEET; THENeE RUN NORTH 72059'03" WEST FOR A DISTANCE OF 656.88 FEET; THENeE RUN SOUTH 77043'40" WEST FOR A DISTANCE OF 573.75 FEET; THENCE RUN SOUTH 00039'12" EAST FOR A DISTANCE OF 187.52 FEET; THENCE RUN SOUTH 68035'21" WEST FOR A DISTANeE OF 110.88 FEET; THENCE RUN SOUTH 57047'59" WEST FOR A DISTANCE OF 46.92 FEET; THENCE RUN SOUTH 89020'45" WEST FOR A DISTANCE OF 156.34 FEET; THENCE RUN SOUTH 00039'15" EAST FOR A DISTANCE OF 34.09 FEET TO A POINT ON A CIReULAR CURVE CONeAVE SOUTHWEST, WHOSE RADIUS POINT BEARS SOUTH 06018'10" WEST, A DISTANeE OF 70.00 FEET THEREFROM; THENeE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 38045'24", SUBTENDED BY A eHORD OF 46.45 FEET AT A BEARING OF SOUTH 64019'08" EAST. FOR A DISTANCE OF 47.35 FEET TO A POINT ON A CIRCULAR CURVE CONeAVE WEST, WHOSE RADIUS POINT BEARS SOUTH 45003'34" WEST, A DISTANeE OF 197.21 FEET THEREFROM; THENeE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 197.21 FEET, THROUGH A eENTRAL ANGLE OF 75024'07", SUBTENDED BY A CHORD OF 241.20 FEET AT A BEARING OF SOUTH 07014'23" EAST, FOR A DISTANCE OF 259.53 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE EAST, WHOSE RADIUS POINT BEARS SOUTH 59032'19" EAST, A DISTANCE OF 130.00 FEET THEREFROM; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID eURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET. THROUGH A eENTRAL ANGLE OF 66043'37", SUBTENDED BY A eHORD OF 142.99 FEET AT A BEARING OF SOUTH 02054'08" EAST, FOR A DISTANCE OF 151.40 FEET TO A POINT OF REVERSE eURVATURE; THENCE RUN SOUTHERLY ALONG THE ARe OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 98024'12", SUBTENDED BY A CHORD OF 105.98 FEET AT A BEARING OF SOUTH 12056'10" WEST, FOR A DISTANCE OF 120.22 FEET TO THE END OF SAID eURVE; e e -- .8."'. RRON COlUE:r~CO -J' . _. Rl.E NUl'11SE? ~lt'" ~ ~ !l:._...- "'" --, . r ...... Agenda Item No. se October 24,2006 Page 77 of 273 e THENCE RUN SOUTH 62008'16" WEST FOR A DISTANCE OF 75.07 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE EAST; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET; THROUGH A CENTRAL ANGLE OF 93006'13"; SUBTENDED BY A CHORD OF 43.56 FEET AT A BEARING OF SOUTH 15035'09" WEST, FOR A DISTANCE OF 48.75 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 30057'58. EAST FOR A DISTANCE OF 34.79 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 80.00 FEET; THROUGH A eENTRAL ANGLE OF 14016'42"; SUBTENDED BY A CHORD OF 19.88 FEET AT A BEARING OF SOUTH 23049'37" EAST, FOR A DISTANCE OF 19.94 FEET TO THE END OF SAID eURVE; THENeE RUN SOUTH 84013'14" EAST FOR A DISTANCE OF 158.41 FEET; THENCE RUN SOUTH 80055'24" EAST FOR A DISTANCE OF 183.78 FEET; THENCE RUN SOUTH 81052'51" EAST FOR A DISTANCE OF 180.90 FEET; THENeE RUN SOUTH FOR A DISTANCE OF 261.28 FEET; THENCE RUN WEST FOR A DISTANeE OF 394.57 FEET; THENCE RUN NORTH FOR A DISTANCE OF 271.73 FEET; THENeE RUN NORTH 84013'14" WEST FOR A DISTANeE OF 120.32 FEET; THENeE RUN SOUTH 33005'40" WEST FOR A DISTANCE OF 54.13 FEET; THENCE RUN SOUTH 76056'51" WEST FOR A DISTANeE OF 89.04 FEET; THENCE RUN NORTH 58035'21" WEST FOR A DISTANCE OF 65.19 FEET; THENCE RUN NORTH 15031'55" WEST FOR A DISTANCE OF 74.80 FEET; THENeE RUN NORTH 00041'41" WEST FOR A DISTANCE OF 115.24 FEET; THENCE RUN NORTH 28022'47" EAST FOR A DISTANeE OF 171.51 FEET; THENeE RUN NORTH 17011'45" WEST FOR A DISTANCE OF 106.79 FEET; THENCE RUN NORTH 13002'52" EAST FOR A DISTANeE OF 28.51 FEET; THENeE RUN NORTH 73036'14" WEST FOR A DISTANCE OF 54.78 FEET; THENCE RUN SOUTH 49016'08" WEST FOR A DISTANCE OF 112.78 FEET; THENeE RUN SOUTH 89047'08" WEST FOR A DISTANeE OF 53.08 FEET; THENCE RUN NORTH 58000'49" WEST FOR A DISTANCE OF 50.49 FEET; THENCE RUN NORTH 00039'12" WEST FOR A DISTANeE OF 303.48 FEET; THENCE RUN NORTH 89020'45" EAST FOR A DISTANeE OF 341 .45 FEET; THENeE RUN NORTH 00039'15" WEST FOR A DISTANeE OF 25.00 FEET; THENCE RUN NORTH 69014'15" EAST FOR A DISTANCE OF 258.29 FEET; THENCE RUN NORTH 13026'32" EAST FOR A DISTANCE OF 348.97 FEET; TO A POINT ON A CIRCULAR CURVE eONCAVE NORTH, WHOSE RADIUS POINT BEARS NORTH 03017'21" EAST, A DISTANeE OF 936.00 FEET THEREFROM; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 936.00 FEET, THROUGH A CENTRAL ANGLE OF 06023'14", SUBTENDED BY A CHORD OF 104.29 FEET AT A BEARING OF SOUTH 89054'16" EAST, FOR A DISTANCE OF 104.34 FEET TO THE END OF SAID CURVE; THENeE RUN NORTH 86054'07" EAST FOR A DISTANCE OF 258.32 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE eONeAVE NORTHWEST; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID eURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET; THROUGH A eENTRAL ANGLE OF 86054'07"; SUBTENDED BY A eHORD OF 68.77 FEET AT A BEARING OF NORTH 43027'04" EAST, FOR A DISTANeE OF 75.84 FEET TO THE END OF SAID eURVE; THENeE RUN NORTH FOR A DISTANCE OF 830.91 FEET TO A POINT ON A elRCULAR CURVE eONeAVE NORTHWEST, WHOSE RADIUS POINT BEARS NORTH, A DISTANeE OF 85.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 85.00 FEET, THROUGH A eENTRAL ANGLE OF 90000'00", SUBTENDED BY A CHORD OF 120.21 FEET AT A BEARING OF NORTH 45000'00" EAST, FOR A DISTANeE OF 133.52 FEET TO THE END OF SAID eURVE; THENCE RUN NORTH FOR A DISTANeE OF 224.63 FEET TO THE POINT OF BEGINNING; CONTAINING 35.24 AeRES, MORE OR LESS. e -- , j Agenda Item No. se October 24, 2006 Page 78 of 273 tit e -- - ' JOHNS aI.... .. itNGINEERING Agenda Item No. se October 24, 2006 S I 1f@€JEl g~lfJf 273 Rev. 1 PU DZ- 200 5-AR-8833 PROJECT #2005110029 DATE: 4/21/06 Michael DeRuntz March 15, 2006 Mr. Wayne Arnold Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Re: Naples Daily News Business Park Water Management Report JEI File #20055936 RECEIVED MAR 1 7 2006 Q. Grady Minor & Associates. P.A. Dear Mr. Arnold: e This letter is submitted to provide a drainage report for the referenced pI:oject This is consistent with our previous meetings, negotiations and discussions with you, the owner and Collier. County regarding the project. Please review this report and contact me if you have any comments or questions.. The proposed rezone application does encompass a portion of Creekside West water management system and is tied into the Pelican Marsh water management system. The overlap into the Creekside West water management system, although it includes the property, the drainage basin boundaries for Creekside West will not change. The ownership, operation and maintenance of the lake will be transferred over to the new parcel, but the water management facilities will not change. The area in the Pelican Marsh water management system has been specifically excluded from their permit as part of the negotiated agreement between the current property owner and the Pelican Marsh property owner at the time. This area is specifically excluded from the Pelican Marsh water management system and is designed to accept off-site discharge into the lake and then eventually into the adjoining preserve tract Discharge from this area will hydrate this preserve. These off-site flows into the Pelican Marsh Preserve have been accommodated and will not cause adverse impact on the Pelican Marsh system. -- Because the proposed development of this site is routing water into a higher water management system and eventually into wetland preserves, considerable fill and pretreatment will need to be done on site before discharge into the lake configuration at the south -end of the property. These water management and water quality considerations will, be' designed" to' meet. South Florida Water Management District and Collier County criteria with regard to water quality and . allowable discharge. Because the receiving body is an impaired water body, the additional water 2350 Stanford Court. Naples, Florida 34112 (239) 434-0333 . Fax (239) 434-9320 .~ " Agenda Item No. se ' October 24, 2006 . Page 80 of 273 quality treatment will be done on site in a combination of dry pretreatment and other best management practices. Once the stage and treatment have been done, a separate discharge will be provided in the northeast comer of the subject site. There is an existing box culvert bypass _ drainage pipe that runs . along the south side of Immokalee Road and discharges into the north - Naples canal downstream from an existing water control structure. The control elevation at this location is approximately elevation +4 NGVD, which is considerably lower than the proposed site elevations. Based on this information, the existing adjoining lakes and the drainage basins do not exactly match the property and therefore do not impact the adjoining water management systems, but are designed to function as a unified water management system without adversely impacting the neighboring Creekside West, Granada Shoppes or Pelican Marsh drainage systems. CHRISTOPHER D. STA Professiona n' e H:\20055936\ColTespondence\I..etters\03l506 cdh to Wayne Arnold NON Business Park Letter.doc -- Ut.OM COOr-- c:i~~ Z - 0 "':t EN~ ,-CO 2cucu -.0 en rooro -gt3CL wO en <t ! ~ I ~ I ! iIi I!! Q ~B z P wQ ~ !::!< "'~ 00 iIi 9 (~t 'S"n) 1M!!. IIIVlIIVl N ~ a.. <( :2: w ..... - en C') C') co co , a: <( , III 0 0 I" :rlY.lSQlJDN / Z- - ::l c.. ~ z 0 l- I- W c.. a.. <( ~ i z ~~ 0 i n!~ ~ - ..... I~ <( () 0 ~r' ....J IIi I~L I"I..IlDo Zl - rt....""",. 1IH NlDtl.E H/lIlTH ;g-m mil I t I 1'1 ~~. ~~.,~tM,ll '" ~ I", . ,')=~! ~GEr ~"I' . -L~. l'1-f \ I I f i Pi I ~! ..lit ,.!.!IIl t II:I01It '( I ~~ ~I ~ ",eu:,"~ ,'1111= "liS ,~_f':~"" -,' ~" '.. ~. '~. ffi'ii1,E, r; I' " I I itHrn, ..~~" :i '., ===l IO)I!lT ..au: IICF1i j I Ii I I----' il t .. i i ~ .,---\~" -"1-. \ ~ I '-'r---___ -C'-~~~fI/ //'--'/--, ul L1.-.1 / f~' / / ~~~-::- - ~-I.~(~j:...~~ I ~""~ -" --..L-___J \~_ A .......... "\. '---..._------ ; "\ 1,( " II L~ \\ " 'r' 1_ . r-r", \" II o,UQfN;E WI tfPIli l,Uf&t ~ '~ IIA~~ "u.o e;,.. ... SITE LOCATION r---- ZONE AE (ELEV.ll) -.,..r.a. _ A G ranad:t Shoppes PUD I'IIJCJIf III11!21 Pelican Mabh PIT) ......._"". . ,....,~-". Agenda Item No. se October 24,2006 Page 82 of 273 I __ PU _sa; aMIIDa: Pili Creekside Commerce PllD lftDlSB: ~':.ID ---1.....-_. =mfl ~: 1111::1 g; ~ ~ 1 Co~ : I ~ ! : ~ ~ 1- u I, I : ~ . . 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NAPLES DAILY NEWS A BUSINESS PARK PLANNED UNIT DEVELOPMENT PREPARED FOR: COLLIER PUBLISHING COMPANY, INC. Naples Daily News 1075 Central Avenue Naples, FL 34102 PREPARED BY: Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 (239) 947-1144 (239) 947-0375 (fax) and ROETZEL & ANDRESS, L.P.A. 850 Park Shore Drive Trianon Center, 3rd Floor (239) 649-2708 (239) 261-3659 (fax) Naples, FI 34103 DATE FILED DATE APPROVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER EXHIBIT "A" Naples Daily News BPPUD (Mderuntz 7-6-06)c1ean.doc Agenda Item No. se October 24, 2006 Page 84 of 273 Agenda Item No. 8e October 24,2006 Page 85 of 273 T ABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE iii SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2-1 SECTION III BUSINESS PARK 3-1 SECTION IV PRESERVE 4-1 SECTION V OPEN SPACE 5-1 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6-1 Agenda.BCC AG ENDA.26222 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT 0 EXHIBIT E EXHIBIT F EXHIBIT G Agenda.BCCAG ENDA.26222 Agenda Item No. se October 24, 2006 Page 86 of 273 LIST OF EXHIBITS NAPLES DAILY NEWS BUSINESS PARK BPPUD MASTER PLAN BOUNDARY SURVEY LOCATION MAP DEVIATIONS CONCEPTUAL PARK / PARKLET PLAN CONCEPTUAL WATER MANAGEMENT PLAN WATER MANAGEMENT MEMORANDUM ii Agenda Item No. se October 24, 2006 Page 87 of 273 STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Collier County Publishing Company dba Naples Daily News and Ocean Boulevard Partnership and Ocean Boulevard Partnership II, hereinafter referred to as the Developer, to create a Business Park Planned Unit Development (BPPUD) on 35:t acres of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The name of this Business Planned Unit Development (BPPUD) shall be Naples Daily News BPPUD. The development of the Naples Daily News BPPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan, Business Park Subdistrict. The development will be consistent with the growth policies and land development regulations adopted there under of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Mixed Use District, Urban Residential Subdistrict as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use District, Urban Residential Subdistrict is to provide for a variety of residential and non-residential developments such as Planned Unit Developments. Pursuant to the FLUE, Business Parks are allowed as a Subdistrict in an Urban-Mixed Use District. 2. The Naples Daily News BPPUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. The project lies between developed industrial and commercial planned developments, and the uses, development standards, buffers and open spaces are compatible with neighboring properties. 3. Improvements will be in compliance with all applicable land development regulations. 4. The development of the Naples Daily News BPPUD will result in an efficient and economical extension of community facilities and services. 5. The Naples Daily News BPPUD complies with the location and development criteria for business parks as found in the Business Park Subdistrict of the Future Land Use Element of the Collier County Growth Management Plan. 6. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. 7. The Naples Daily News BPPUD is in compliance with Objective 7 and its implementing policies of the Future Land Use Element, in that interconnections to surrounding development have been provided for vehicular and pedestrian access. The conceptual location of the interconnection(s) have been shown on the conceptual master plan. Agenda.BCC AG END A.26222 iii Agenda Item No. se October 24,2006 Page S8 of 273 8. Access to the Naples Daily News BPPUD is presently provided to Immokalee Road (via Creekside Way), an arterial roadway and to Creekside Boulevard. Agenda.BCC AGENDA.26222 iv Agenda Item No. 8e October 24,2006 Page 89 of 273 SHORT TITLE This ordinance shall be known and cited as the "NAPLES DAILY NEWS BUSINESS PARK PLANNED UNIT DEVELOPMENT ORDINANCE". Agenda.BCCAG END A.26222 v Agenda Item No. se October 24, 2006 Page 90 of 273 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Naples Daily News BPPUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION A PAReEL OF LAND LOeATED IN THE NORTHWEST QUARTER OF SEeTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, eOLLlER eOUNTY, FLORIDA, BEING MORE PARTleULARL Y DEseRIBED AS FOLLOWS: eOMMENeE AT THE NORTHWEST eORNER OF SEeTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, eOLLlER eOUNTY, FLORIDA; THE NeE RUN SOUTH 00038'43" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SEeTION 27, ALSO BEING THE EAST RIGHT-OF-WAY OF U.S. 41 FOR A DISTANeE OF 125.02 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD; THENeE RUN NORTH 44038'23" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANeE OF 34.99 FEET; THENeE RUN SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANeE OF 573.45 FEET; THENeE RUN SOUTH 86053'15" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANeE OF 500.61 FEET; THENeE RUN SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANeE OF 134.22 FEET TO THE POINT OF BEGINNING OF THE PAReEL OF LAND HEREIN DEseRIBED; THENeE eONTINUE SOUTH 89045'00" EAST FOR A DISTANeE OF 599.23 FEET; THENeE RUN SOUTH 00015'00" WEST FOR A DISTANeE OF 5.00 FEET; THENeE RUN SOUTH 89045'00" EAST FOR A DISTANeE OF 35.04 FEET; THENeE RUN NORTH 02033'13" WEST FOR A DISTANeE OF 5.01 FEET; THENeE RUN SOUTH 89045'00" EAST FOR A DISTANeE OF 249.45 FEET; THENeE RUN SOUTH 00025'51" WEST FOR A DISTANeE OF 107.22 FEET; THE NeE RUN SOUTH 60002'56" EAST FOR A DISTANeE OF 117.20 FEET; THE NeE RUN SOUTH 82032'14" EAST FOR A DISTANeE OF 119.17 FEET; THENeE RUN SOUTH 00007'39" EAST FOR A DISTANeE OF 111.93 FEET; THE NeE RUN NORTH 89058'01" WEST FOR A DISTANeE OF 456.64 FEET; THENeE RUN SOUTH 02019'57" EAST FOR A DISTANeE OF 1,179.69 FEET; THENeE RUN NORTH 72059'03" WEST FOR A DISTANeE OF 656.88 FEET; THENeE RUN SOUTH 7r43'40" WEST FOR A DISTANeE OF 573.75 FEET; THENeE RUN SOUTH 00039'12" EAST FOR A DISTANeE OF 187.52 FEET; THENeE RUN SOUTH 68035'21" WEST FOR A DISTANeE OF 110.88 FEET; THENeE RUN SOUTH 5r47'59" WEST FOR A DISTANeE OF 46.92 FEET; THENeE RUN SOUTH 89020'45" WEST FOR A DISTANeE OF 156.34 FEET; THENeE RUN SOUTH 00039'15" EAST FOR A DISTANeE OF 34.09 FEET TO A POINT ON A elReULAR eURVE eONeAVE SOUTHWEST, WHOSE RADIUS POINT BEARS SOUTH 06018'10" WEST, A DISTANeE OF 70.00 FEET THEREFROM; THENeE RUN SOUTHEASTERLY ALONG THE ARe OF SAID eURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET, THROUGH A eENTRAL ANGLE OF 38045'24", SUBTENDED BY A eHORD OF 46.45 FEET AT A BEARING OF SOUTH 64019'08" EAST, FOR A DISTANeE OF 47.35 FEET TO A POINT ON A elReULAR eURVE eONeAVE WEST, WHOSE RADIUS POINT BEARS SOUTH 45003'34" WEST, A DISTANeE OF 197.21 FEET THEREFROM; THENeE RUN SOUTHERLY ALONG THE ARe OF SAID eURVE TO THE RIGHT, HAVING A RADIUS OF 197.21 FEET, THROUGH A eENTRAL ANGLE OF 75024'07", SUBTENDED BY A eHORD OF 241.20 FEET AT A BEARING OF SOUTH or14'23" EAST, FOR A DISTANeE OF 259.53 FEET TO A POINT ON A CIRCULAR eURVE eON eAVE EAST, WHOSE RAD!US POINT BEARS Agenda.BCC AG END A.26222 1-1 Agenda Item No. 8e October 24, 2006 Page 91 of 273 SOUTH 59032'19" EAST, A DISTANeE OF 130.00 FEET THEREFROM; THENeE RUN SOUTHERL Y ALONG THE ARe OF SAID eURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH A eENTRAL ANGLE OF 66043'37", SUBTENDED BY A eHORD OF 142.99 FEET AT A BEARING OF SOUTH 02054'08" EAST, FOR A DISTANeE OF 151.40 FEET TO A POINT OF REVERSE eURVATURE; THENeE RUN SOUTHERLY ALONG THE ARe OF SAID eURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET, THROUGH A eENTRAL ANGLE OF 98024'12", SUBTENDED BY A eHORD OF 105.98 FEET AT A BEARING OF SOUTH 12056'10" WEST, FOR A DISTANeE OF 120.22 FEET TO THE END OF SAID eURVE; THENeE RUN SOUTH 62008'16" WEST FOR A DISTANeE OF 75.07 FEET TO THE BEGINNING OF A TANGENTIAL elReULAR eURVE eONeAVE EAST; THENeE RUN SOUTHERLY ALONG THE ARe OF SAID eURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET; THROUGH A eENTRAL ANGLE OF 93006'13"; SUBTENDED BY A eHORD OF 43.56 FEET AT A BEARING OF SOUTH 15035'09" WEST, FOR A DIST ANeE OF 48.75 FEET TO THE END OF SAID eURVE; THENeE RUN SOUTH 30057'58" EAST FOR A DISTANeE OF 34.79 FEET TO THE BEGINNING OF A TANGENTIAL elReULAR eURVE eONeAVE SOUTHWEST; THENeE RUN SOUTHEASTERLY ALONG THE ARe OF SAID eURVE TO THE RIGHT, HAVING A RADIUS OF 80.00 FEET; THROUGH A eENTRAL ANGLE OF 14016'42"; SUBTENDED BY A eHORD OF 19.88 FEET AT A BEARING OF SOUTH 23049'37" EAST, FOR A DISTANeE OF 19.94 FEET TO THE END OF SAID eURVE; THENeE RUN SOUTH 84013'14" EAST FOR A DISTANeE OF 158.41 FEET; THENeE RUN SOUTH 80055'24" EAST FOR A DISTANeE OF 183.78 FEET; THENeE RUN SOUTH 81052'51" EAST FOR A DISTANeE OF 180.90 FEET; THENeE RUN SOUTH FOR A DISTANeE OF 261.28 FEET; THE NeE RUN WEST FOR A DISTANeE OF 394.57 FEET; THENeE RUN NORTH FOR A DISTANeE OF 271.73 FEET; THENeE RUN NORTH 84013'14" WEST FOR A DISTANeE OF 120.32 FEET; THENeE RUN SOUTH 33005'40" WEST FOR A DISTANeE OF 54.13 FEET; THENeE RUN SOUTH 76056'51" WEST FOR A DIST ANeE OF 89.04 FEET; THENeE RUN NORTH 58035'21" WEST FOR A DISTANeE OF 65.19 FEET; THENeE RUN NORTH 15031'55" WEST FOR A DISTANeE OF 74.80 FEET; THENeE RUN NORTH 00041'41" WEST FOR A DISTANeE OF 115.24 FEET; THENeE RUN NORTH 28022'47" EAST FOR A DISTANeE OF 171.51 FEET; THENeE RUN NORTH 1r11'45" WEST FOR A DISTANeE OF 106.79 FEET; THENeE RUN NORTH 13002'52" EAST FOR A DISTANeE OF 28.51 FEET; THENeE RUN NORTH 73036'14" WEST FOR A DISTANeE OF 54.78 FEET; THENeE RUN SOUTH 49016'08" WEST FOR A DISTANeE OF 112.78 FEET; THE NeE RUN SOUTH 89047'08" WEST FOR A DISTANeE OF 53.08 FEET; THENeE RUN NORTH 58000'49" WEST FOR A DISTANeE OF 50.49 FEET; THENeE RUN NORTH 00039'12" WEST FOR A DISTANeE OF 303.48 FEET; THENeE RUN NORTH 89020'45" EAST FOR A DISTANeE OF 341.45 FEET; THENeE RUN NORTH 00039'15" WEST FOR A DIST ANeE OF 25.00 FEET; THENeE RUN NORTH 69014'15" EAST FOR A DISTANeE OF 258.29 FEET; THENeE RUN NORTH 13026'32" EAST FOR A DISTANeE OF 348.97 FEET; TO A POINT ON A elReULAR eURVE eONeAVE NORTH, WHOSE RADIUS POINT BEARS NORTH 03017'21" EAST, A DISTANeE OF 936.00 FEET THEREFROM; THENeE RUN EASTERLY ALONG THE ARe OF SAID eURVE TO THE LEFT, HAVING A RADIUS OF 936.00 FEET, THROUGH A eENTRAL ANGLE OF 06023'14", SUBTENDED BY A eHORD OF 104.29 FEET AT A BEARING OF SOUTH 89054'16" EAST, FOR A DISTANeE OF 104.34 FEET TO THE END OF SAID eURVE; THENeE RUN NORTH 86054'07" EAST FOR A DISTANeE OF 258.32 FEET TO THE BEGINNING OF A TANGENTIAL elReULAR eURVE eONeAVE NORTHWEST; THENeE RUN NORTHEASTERLY ALONG THE ARe OF SAID eURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET; THROUGH A eENTRAL ANGLE OF 86054'07"; SUBTENDED BY A eHORD OF 68.77 FEET AT A BEARING OF NORTH 43027'04" EAST, FOR A DISTANeE OF 75.84 FEET TO THE END OF SAID eURVE; THENeE RUN NORTH FOR A DISTANeE OF 830.91 FEET TO A POINT ON A elReULAR eURVE eONeAVE NORTHWEST, WHOSE RADIUS POINT BEARS NORTH, A DISTANeE OF 85.00 FEET THEREFROM; THENeE RUN NORTHEASTERLY ALONG THE ARe OF SAID eURVE TO THE LEFT, HAVING A RADIUS OF 85.00 FEET, THROUGH A eENTRAL ANGLE OF 90000'00", SUBTENDED BY A eHORD OF 120.21 FEET AT A BEARING OF NORTH 45000'00" EAST, FOR A DISTANeE OF 133.52 FEET TO THE END OF SAID eURVE; THENeE RUN Agenda.BCCAG ENDA.26222 1-2 Agenda Item No. se October 24, 2006 Page 92 of 273 NORTH FOR A DISTANeE OF 224.63 FEET TO THE POINT OF BEGINNING; eONTAINING 35.24 AeRES, MORE OR LESS. 1.3 PROPERTY OWNERSHIP Folio #'s 29331190521 and 29331190660 Creekside Commerce Park Property Owners Association, Inc. 2600 Golden Gate Parkway Naples, Florida 34105 Folio #'s 00168040601 and 00168046003 Ocean Boulevard Partnership II 2600 Golden Gate Parkway Naples, Florida 34105 Folio #'s 00168042900 Ocean Boulevard Partnership 2600 Golden Gate Parkway Naples, Florida 34105 Folio #'s 00168042803 Ocean Boulevard Partnership II Ocean Boulevard Partnership 2600 Golden Gate Parkway Naples, Florida 34105 Contract Purchaser: Folio #'s 00168040601, 001680429000, 00168042803, and 00168046003 Collier Publishing Company, Inc. dba Naples Daily News 1075 Central Avenue Naples, Florida 34102 1.4 GENERAL AND PHYSICAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 25 East. The site is bordered on the north by Immokalee Road, on the south by Pelican Marsh PUD/DRI, on the east by the Creekside Commerce Park PUD and Pelican Marsh PUD/DRI, and the west by Pelican Marsh PUD/DRI and Granada Shoppes PUD. B. The zoning classification of the subject property at the time of BPPUD application was A, Rural Agriculture, and Creekside Commerce Park PUD. Agenda.Bee AGENDA.26222 1-3 Agenda Item No. se October 24, 2006 Page 93 of 273 C. Elevations within the site are approximately 8' above MSL, per FEMA Firm Map Panel No. 120067 193 D, dated June 3, 1986. The property is located within flood zone AE (11). D. A majority of the site has been altered due to ongoing agricultural operations. A portion of the site lying adjacent to Pelican Marsh does contain native vegetation which is to be retained and designated as a preserve area on the conceptual master plan. E. The soil types on the site generally include Myakka and Satellite Fine Sand and Halopaw and Okeelanta depressional soils. This information was derived from the Soil Survey of Collier County Area, Florida, 1998. F. The project site is located within the Collier County Water Management District Pine Ridge Canal Basin. G. Industrial, light industrial and accessory uses shall be permitted within Business Park designated portions of the project. Agenda.BCC AGENDA.26222 1-4 Agenda Item No. se October 24,2006 Page 94 of 273 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Naples Daily News BPPUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Naples Daily News BPPU D will be developed as a business park providing for industrial and light industrial uses including but not limited to multi-media publishing, printing, broadcasting and other communication and information technologies, and mediums and accessory uses, consistent with the Business Park Sub-district of the Urban Mixed Use District of the Future Land Use Element of the Collier County Growth Management Plan as set forth more specifically in Section 3.3 of this BPPUD. B. The Master Plan is illustrated graphically on Exhibit "A". A Land Use Summary indicating approximate land use acreages is shown on the plan. The master plan is conceptual, and the location, size, and configuration of individual tracts and access to tracts shall be determined at the time of final site development plan and/or preliminary subdivision plat approval with minor adjustments at the time of final plat approval. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Naples Daily News BPPUD shall be in accordance with the contents of this BPPUD Ordinance and applicable sections of the Collier County Land Development Code ("LDG") and the Collier County Growth Management Plan which are in effect at the time of issuance of any development order to which said regulations relate. Where this BPPUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. The regulations of the LDC shall apply to this BPPUD zoning district except as follows: 1. Where a deviation or deviations from the provisions of the LDC have been requested as part of the application for PUD zoning and approved by the Board of County Commissioners (BCC). 2. Where a substitution or substitutions to a design standard or standards have been or will be requested by the applicant pursuant to the LDC. Agenda.BCCAGENDA.26222 2-1 Agenda Item No. se October 24,2006 Page 95 of 273 3. Where the land uses and development standards which include but are not limited to setbacks, height requirements, minimum lot area, are set forth as a part of this BPPUD Document. 4. Where there are standards set forth within this BPPUO Document that are more strict than the standards set forth in the LOC. 5. Where there are standards set forth in this BPPUD Document not addressed by the LOC B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LOC in effect at the time of development order application. C. Development permitted by the approval of this BPPUD will be subject to the Adequate Public Facilities Ordinance, Ordinance Number 04-08. D. All conditions imposed and all graphic material presented depicting restrictions for the development of the Naples Oaily News BPPUD shall become part of the regulations which govern the manner in which the BPPUO site may be developed. 2.4 OEVIA TIONS A. A deviation from LOC, Section 4.06.02.C.5 requirement to construct a twenty-five foot (25') wide landscape buffer along Immokalee Road to provide a twenty-five foot (25') wide landscape buffer, without a six foot (6') high wall, berm or wall and berm combination. B. A deviation from LOC Section 4.02.13.G and Section 4.06.02.C.5, which requires a business park to provide a 25' wide landscape buffer around the entire boundary of a business park, to permit the following buffers: 1. East - 25' wide buffer adjacent Creekside Commerce Park, without a wall or berm. 2. West - 25' wide buffer adjacent to Granada Shoppes PUO, without a wall or berm. 3. South - the 25' wide existing buffer and berm adjacent to the Pelican Marsh PUO shall be maintained for that portion of the Naples Daily News BPPUO located west and south of the existing berm and designated as open space, preserve, or lake area and supplemental plantings shall be consistent with Section 2.9.0. Agenda.BCCAGENDA.26222 2-2 Agenda Item No. Be October 24, 2006 Page 96 of 273 C. A deviation from LDC Section 4.06.02.A.3, Buffer Requirements. A request to permit required landscape buffers and signs within recorded water and wastewater easements consistent with grant of easement restrictions as recorded in O.R. Book 2712, Pages 0624 - 0626, and O.R. Book 2712, Pages 0610 - 0612. 2.5 ROADWAYS A Roadways within the Naples Daily News BPPUD may be public or private. Standards for roads and driveways shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless othelWise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval or site development plan approval. The Developer reserves the right to request substitutions to Code design standards in accordance the LDC or Code of Laws and Ordinances. 2.6 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way or access easements for landscaping, decorative entrance ways, and signage purposes shall be allowed subject to review and administrative approval by the Collier County Manager or his designee taking into account engineering and safety considerations during the development review process and prior to any installations. 2.7 CHANGES AND AMENDMENTS TO BPPUD DOCUMENT OR BPPUD MASTER PLAN Changes and amendments may be made to this BPPUD Ordinance, BPPUD Master Plan as provided in Chapter 10 of the LDC. 2.8 COMMON AREA MAINTENANCE Provisions for the perpetual maintenance of common facilities and open spaces will be provided by a Property Owner's Association or similar entity, as set forth in the LDC. Agenda.BCCAG ENDA .26222 2-3 Agenda Item No. se October 24, 2006 Page 97 of 273 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Naples Daily News BPPUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: i) Ground covered berms 3:1 ii) Rip-Rap berms 2: 1 iii) Structural walled berms B. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Naples Daily News Business Park BPPUD boundary prior to preliminary subdivision plat and site development plan submittal. C. In order to minimize the visibility of loading and vehicular service areas on the western side of the Naples Daily News Business Park PUD, the applicant, at the time of SDP submittal, will provide vegetative or physical screening at strategic locations. The screening may include appropriate buffer treatments, as well as, specific vegetative or physical screening located in close proximity to the service areas as methods to reduce visibility from adjacent property. D. The Developer will supplement the existing ficus hedge which presently serves as a buffer between the proposed BPPUD and the Bay Colony Development with 80 live oak trees 12 feet high with a minimum spread of 6 feet at the time of planting. Additionally these oak trees will be supplemented with ficus trees, to the extent the County will allow the use of ficus trees, to create an opaque buffer. The Developer agrees to work with the Bay Colony Property Owners' Association to gain County approval for the use of the ficus trees. The supplementary oak and ficus trees will be located in the buffer area at field selected locations between the Creekside PUD on the east and the point on the west where the buffer turns south. This distance is approximately 1,100 feet. In the event that the ficus hedge is damaged by a windstorm to the extent of a reduction in the opaque value of 50% or more, the Developer agrees to replace or reset, whichever is appropriate, any of the 80 live oak trees installed above and install or reset the ficus trees as necessary to restore the buffer as close to its prestorm condition as reasonably possible considering the availability of tree materials at the time of the restoration. E. The southerly portion of Parcel A shall be heavily planted with trees and shrubs to create the needed park-like setting to buffer the noise and odor impacts from printing activities. Agenda.BCC AG ENDA.26222 2-4 Agenda Item No. 8e October 24, 2006 Page 98 of 273 F. The Developer shall provide an additional thirty (30) percent of the minimum LDC required trees along the north perimeter buffer. This buffer area percent shall consist of tall native species whose height will help to block the northern view of the 75 foot tall industrial building. 2.10 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of land under unified ownership or control, as set forth in of the LDC. B. The Naples Daily News Business Park BPPUD is a planned community and will be developed under unified control. The Developer will establish approved design guidelines and standards for business services, commercial uses, and related community features and facilities, which include features and facilities such as landscaping, signage, lighting, pedestrian systems, fences, buffers, and other similar facilities. C. All business park land uses shall be subject to Chapter 5 of the LDC, as applicable, except where a deviation was approved. For purposes of this BPPUD, any building fac;ade facing the required extension of Creekside Way shall not be considered a primary fac;ade. D. Please refer to Section 3.4.C.6 of the BPPUD for additional building design standards. 2.11 SUBDIVISION PLAT I SOP PHASING Submission, review, and approval of preliminary or final subdivision plats or site development plans for the project may be accomplished in phases to correspond with the planned development of the property. 2.12 GENERAL PERMITTED USES Certain uses listed below shall be considered general permitted uses throughout the Naples Daily News BPPUD, except where in conflict with any conservation easement. General permitted uses are those uses which generally serve the Developer and residents of the Naples Daily News BPPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Chapter 2. Agenda.BCCAGENDA.26222 2-5 Agenda Item No. se October 24,2006 Page 99 of 273 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads, bridges, or other architectural or structural bank treatments. 4. Community recreational facilities. 5. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including the necessary access ways, parking areas and related uses to serve such offices. 6. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.9 of this BPPUD. 7. Directional and informational signage, real estate signs, or project monument signage 8. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - Ten feet (10'), except for signage located within medians. 2. Setback from BPPUD boundary: Fifteen feet (15'), except that signage shall be in compliance with the LDC or as specified in the Naples Daily News BPPUD. 3. Minimum distance between unrelated structures - Fifteen feet (15'). 4. Setback from lake/water management area: Twenty feet (20'). 5. Maximum height of structures - Thirty-five feet (35') as measured from required minimum flood elevation. 6. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of site development plan approval. Agenda.BCCAGENDA.26222 2-6 Agenda Item No. se October 24, 2006 Page 100 of 273 2.13 OPEN SPACE REQUIREMENTS The LDC requires that business park projects maintain open space at a minimum of 30% of the project area. The project will be designed in accordance with this standard and open space areas shall be shown on the site development plan and/or subdivision plat, whichever may be required. The 30% open space requirement shall be applicable to the BPPUD, and is not required to be met on individual development parcels. 2.14 SIGNAGE A. GENERAL 1. All Collier County sign regulations in force at the time of sign permit application shall apply unless approved as deviations in Section 2.3 of this BPPUD. 2. Signs shall be permitted in private rights-of-way and within buffer, utility and drainage easements. 3. All signs shall be located so as not to cause sight line obstructions. 4. All internal project rights-of-way, drive aisles, or access easements may be utilized for decorative landscaped entrance features and signage subject to review and approval from the County Manager of his designee for consistency with the requirements set forth herein. B. TRAFFIC SIGNS 1. Traffic signs such as street signs, stop signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with DOT criteria. 2.15 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS A. The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with the LDC. B. Roadways within the Naples Daily News BPPUD shall be designed and constructed in accordance with the LDC with the following substitutions: 6.06.02; Streets and access improvements 1. Section 6.06.02; Sidewalks, bike lanes and bike paths. Agenda.8CCAGENDA.26222 2-7 Agenda.BC'C' AGENDA.26222 Agenda Item No. se October 24,2006 Page 101 of 273 Creekside Boulevard is an existing roadway and has been constructed with a 5 foot wide sidewalk on one side of the roadway. Creekside Way will serve as the primary project access to Immokalee Road and this roadway has been constructed with a sidewalk on one side of the roadway prior to approval of the Naples Daily News BPPUD. The Developer shall provide internal pedestrian connections to the existing pedestrian network; however, the Developer shall not be required to retrofit existing roadways to include additional sidewalks. The Developer shall be permitted to make payment in-lieu of construction of the sidewalks. 2-8 Agenda Item No. se October 24,2006 Page 102 of 273 SECTION III BUSINESS PARK "BP" 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for development areas within the Naples Daily News BPPUD. 3.2 GENERAL DESCRIPTION The approximate acreage of the business park is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with the LDC. A maximum of 400,000 square feet of Business Park light industrial uses as listed below in Section 3.3 shall be permitted within the PUD. 3.3 PERMITTED USES AND STRUCTURES A. Permitted primary uses (Parcel A). Parcel A of the Naples Daily News BPPUD district acreage is allowed to be developed with the following uses (where numbers follow in parentheses, the uses are based on the 1987 SIC Manual): 1. Communications (groups 4812-4899, including only rooftop or ground mounted communication towers and subject to Section 5.05.09 of the LDC.) 2. Motion picture production (groups 7812-7819) 3. Printing, publishing and allied industries (groups 2711-2796) 4. Publishing, telecommunications, motion picture and video, broadcasting, internet publishing industries and other information services. 5. Advertising and direct mailers and photography, including mailing, distribution, collation, insertion of products in newspaper, non- newspaper products and containers and outside publications. Agenda.BCCAGENDA.26222 3-1 Agenda Item No. Be October 24, 2006 Page 103 of 273 6. Information management and software. 7. Independent artists, writers and performers. 8. Printing and business support services. 9. Newsdealers and newsstands. 10. All forms of multi-media uses including but not limited to publishing, marketing, distributing, broadcasting, film production, software, internet, intranet, video, communication and information technologies and mediums now existing or subsequently created, adapted or discovered; it being the intent that such future technologies and mediums be deemed "Permitted Uses". 11. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). B. Permitted primary uses (Parcel B). Parcel B of the Naples Daily News BPPUD district acreage is allowed to be developed with the following uses (where numbers follow in parentheses, the uses are based on the 1987 SIC Manual): 1. All uses permitted on Parcel A 2. Aircraft parts and auxiliary equipment (group3728) 3. Apparel and other finished products (groups 2311-2399) 4. Building contractors (groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction, and truck and automobile assembly plant construction. 5. Construction: Special trade contractors (groups 1711-1799 except for boiler erection and installation contractors; fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors; epoxy application contractors; fireproofing buildings contractors; gasoline Agenda.BCC AGENDA.26222 3-2 Agenda Item No. se October 24, 2006 Page 104 of 273 pump installation contractors; lead burning contractors; and mobile home site setup and tie down contractors) 6. Electronics and other electrical equipment manufacturing (groups 3612,3613,3624,3625, 3631,3641-3676,3678,3679,3694,3695, 3699, except for airport lighting transformers, autotransformers, electric (power transformers) distribution transformers, electric; electric furnace transformers; lighting transformers, street and airport; transformers, reactor; atom smashers (particle accelerators; electron beam metal cutting, forming, and welding machines; electron linear accelerators; electrostatic particle accelerators)) 7. Furniture and fixtures manufacturing (groups 2511 -2599) 8. Industrial and commercial machinery and computer equipment (groups 3524, 3546, 3553-3556, 3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting machines for printing trades; foundry type for printing; presses, printing - slugs printers'; ammunition and explosives loading machinery; brick making machines; cement making machinery; chemical kilns; control rod drive mechanisms for use on nuclear reactors; foundry machinery and equipment; frame straighteners, automotive (garage equipment); fur sewing machines; ginning machines, cotton; metal finishing equipment for plating, except rolling mill lines; metal pickling equipment, except rolling mill lines) 9. Leather and leather products (groups 3131-3199) 10. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks manufacturing (groups 3812-3843,3845-3873) 11. Medical laboratories and research and rehabilitative centers (groups 8071-8092,8099) 12. Miscellaneous manufacturing industries (groups 3911-3999 except for dressing of furs: bleaching, blending, curring, scraping, and tanning; feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, curring, tanning, bleaching and dyeing; plumes, feather; tear gas devices and equipment; veils made of hair) Agenda.BCCAGENDA.26222 3-3 Agenda Item No. se October 24, 2006 Page 105 of 273 13. Paper and allied products (groups 2652-2657, 2673-2679) 14. Plastic materials and synthetics (groups 2833,2834) 15. Printing, publishing and allied Industries (groups 2711-2791) 16. Rubber and miscellaneous plastic products (groups 3021, 3085, 3086,3088,3089) 17. Transportation equipment (group 3732, except for boats, fiberglass: building and repairing; boats: motorboats, sailboats, rowboats, and canoes - building and repairing; houseboats, building and repairing; motorboats, inboard and outboard: building and repairing) 18. Wholesale trade - durable goods (groups 5021-5031, 5043-5049, 5063-5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood- wholesale; lumber: rough, dressed, and finished-wholesale; batteries, except automotive-wholesale; storage batteries, industrial-wholesale; unit substations-wholesale; boilers, power: industrial-wholesale; boilers, steam and hot water heating-wholesale; burners, fuel oil and distillate oil-wholesale; oil burners-wholesale) 19. Wholesale trade-nondurable goods (groups 5111-5143, 5145, 5147- 5149, 5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs-wholesale; fish, tropical-wholesale; furs, dressed-wholesale; greases, animal and vegetable-wholesale; ice, manufactured or natural-wholesale, leather and cut stock-wholesale; linseed oil- wholesale; oils, except cooking: animal and vegetable-wholesale; oilseed cake and meal-wholesale; rubber, crude-wholesale; sawdust- wholesale; vegetable cake and meal-wholesale; wigs-wholesale; worms-wholesale) C. Uses accessory to permitted uses: 1. Uses and structures that are accessory and incidental to uses permitted as of right in the PUD, including but not limited to storage, warehousing, distribution of paper, ink, printing chemicals, aluminum and other plates, and other materials and products used or useful in connection with permitted uses. 2. Caretaker's residence, subject to Section 5.03.05 of the LOC. Agenda.BCC AGENDA.26222 3-4 Agenda Item No. se October 24,2006 Page 106 of 273 3. Eating places, including coffee shops. No alcoholic beverage sales shall be permitted. 4. For business park uses, retail sales and/or display areas as accessory to the principal use shall not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use and is further subject to retail standards for landscaping, parking and open space. 5. Other comparable uses not specified as deemed appropriate by the Board of Zoning Appeals. 3.4 Building Development Standards A. Minimum buildable area: 20,000 square feet. B. Minimum buildable lot width: 100 feet. C. Minimum yard requirements for principal and accessory structures: 1. Front yard: a. Immokalee Road: b. Internal roads: Fifty feet (50') Twenty-five feet (25') 2. Side yard: Ten feet (10') 3. Rear yard: Ten feet (10') 4. From PUD boundary: Fifty feet (50') 5. Preserves: a. Principal structure: Accessory structure: Twenty-five feet (25') Ten feet (10') b. 6. For that portion of a building exceeding fifty (50') feet in height that portion shall be required to maintain a minimum setback from the property line at a ratio of two horizontal feet for each one foot of vertical height. 7. Lake/water management (from control elevation): a. Principal structure: Twenty feet (20') b. Accessory structure: Ten feet (10') Agenda.BCCAGENDA.26222 3-5 Agenda Item No. se October 24, 2006 Page 107 of 273 8. Distance between structures: If there is a separation between any two principal structures on the same parcel, said separation shall be a minimum of 15 feet or a distance equal to that required by applicable fire codes. 9. Maximum height of structures: Seventy-five feet (75'), zoned height as measured from required minimum flood elevation in Parcel A and twenty -five feet (25') zoned height as measured from required minimum flood elevation for Parcel B. For purposes of this BPPUD the measurement of actual height shall be measured as that for zoned height. 10. Minimum floor area: One thousand square feet. 11. The development of Parcel B shall be subject to the following limitations: a. No outside lighting on the southern side of any building constructed on Parcel B, and no lighting of the parking lot except to the extent required by the County. To the extent parking lot lighting is required, cutoff type fixtures or shields will be used to direct the light downward onto the parking lot. b. Any loading facility will be located only on the northern facing portion of any building, and building height is limited to twenty-five (25) feet above minimum required flood elevation. c. No outside storage or outside fabrication is permitted on Parcel B. 12. Development of Parcel A shall be subject to the following limitations: a. The only outside architectural lighting allowed will be on the north side of the building. b. No signage, other than directional, shall be located on the south side of the building. There will be no lighted signage on the seventy-five (75) foot high portion of the building in any direction, nor shall there be any antennas or satellite Agenda.BCC AG ENDA.26222 3-6 Agenda Item No. se October 24, 2006 Page 10S of 273 dishes placed upon the top of the seventy-five (75) foot portion of the building. 13. Any permanent generator shall be required to be housed in an enclosed area in order to reduce noise emissions. Agenda.BCCAGENDA.26222 3-7 Agenda Item No. se October 24, 2006 Page 109 of 273 SECTION IV PRESERVE "P" 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Naples Daily News BPPUD designated on the Master Plan as "P", Preserve. 4.2 GENERAL DESCRIPTION Areas designated as "P", Preserve on the Master Plan are designed to provide conservation and may accommodate passive recreation and water management uses and functions. The acreage of the Preserve area is indicated on the Master Plan. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, which is inconsistent with the conservation easements recorded in O.R. Book 2089, Page 0831, O.R. Book 2107, Page 1701, OR. Book 2260, Page 1869, of the Public Records of Collier County, Florida, the drainage easement recorded at O.R. Book 2414, Page 3480 and other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks, benches, nature trails and shelters, as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. 2. Water management structures in wetland Preserves. 3. Uses and structures permitted by the conservation easements and drainage easement referenced above. 4. Any other conservation use in accordance with Section 3.05.07 of the LDC which is comparable in nature with the foregoing uses and which the Environmental Services Department Staff determines to be compatible in the Preserve Area. Other uses of a comparable nature Agcnda.BCCAGENDA.26222 4-1 Agenda Item No. se October 24, 2006 Page 110 of 273 and not administratively permitted within preserves shall require the approval by the Board of Zoning Appeals. 4.4 DEVELOPMENT STANDARDS A. Maximum height of structures: Twenty-five (25) feet. B. Building setbacks: 1. Principal structures:Twenty-five (25) feet 2. Accessory structures:Ten (10) feet 4.5 LANDSCAPE BUFFERS A. Where Chapter 4 of the LOC requires landscape buffers, and preserve areas are shown, landscape buffers shall consist of preserve vegetation, when demonstrated that it meets or exceeds requirements of Chapter 4 of the LOC. Landscape buffers shall remain exotic free. All code requirements must be met regarding Preserves acting as landscape buffers. Agenda.BCC AG ENDA .26222 4-2 Agenda Item No. Be October 24, 2006 Page 111 of 273 SECTION V OPEN SPACE "OS" 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the areas within the Naples Daily News BPPUD designated on the conceptual master plan as "OS", open space. 5.2 GENERAL DESCRIPTION Areas identified as "OS" open space on the conceptual master plan are designed to provide usable open space, recreation, water management, and other open space and recreational uses. 5.3 PERMITTED USES AND STRUCTURES. A. Permitted Principal Uses and Structures 1. Lakes, water management facilities, preserves and water control structures. 2. Boardwalks, benches, nature trails, bridges, cart paths, golf course, and related facilities. Golf course related improvements shall not be expanded; however, they may be reconstructed and maintained in accordance with the conservation easements and drainage easement referenced in Section 4.3 of this PUD. 3. Any other recreation or open space use consistent with recreational or open space uses permitted by right in the "CON" Conservation District of the LDC. 5.4 DEVELOPMENT STANDARDS A. Maximum Height: Twenty-five (25) feet. B. Setbacks: Zero (0) feet. Agenda.BCCAG ENDA.26222 5-1 Agenda Item No. 8e October 24,2006 Page 112 of 273 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Naples Daily News BPPUD project. 6.2 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable State and Local laws, codes and regulations except where specifically noted. B. The BPPUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary subdivision plat or site development plan approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. D. The developer will implement the concept of "parklets," Le., small-scale opportunities for pedestrian seating and/or visual nodes of interest incorporated adjacent to buffers, buildings, other open space areas on the site, and pedestrian connections. A parklet shall be defined as a garden space incorporating a minimum of three of the following elements: decorative pavers, two canopy/accent trees, site furniture (such as 5' bench, trash receptacle/ash urn, etc.), pedestrian pathway and/or water feature/sculpture. The location is intended to provide a visual node of interest within the project site and/or create a cue for pedestrian ingress/egress. The developer shall provide a minimum of 3 parklets, within the business park at the general locations shown on the conceptual park / parklet plan (Exhibit E). Parklets shall vary in size; however, the minimum size for any single parklet shall be two hundred (200) square feet, and the minimum aggregate size of the parklets shall be fifteen hundred (1,500) square feet. In addition, one "linear park" shall be developed along Immokalee Road, expanding the buffer into the project site and it may incorporate such key Agenda.BCC AG ENDA .26222 6-1 Agenda Item No. se October 24, 2006 Page 113 of 273 features/options as: sculpture, water features, decorative pots, seat walls and/or enhanced plantings (palms/trees/shrubs/groundcovers). This park may become "architectural" in layout, offering a transition between the structure's architecture and the buffer along Immokalee Road frontage and is more reminiscent of an urban setting. 6.3 ENGINEERING A. Except as noted herein, all project development will occur consistent with the LDC. 6.4 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Central water and wastewater service will be provided by the appropriate governmental and/or private utility provider. Appropriate utility easements will be dedicated to the utility provider in accordance with the procedure adopted by the utility provider. B. Upon completion, the utility facilities shall be tested to insure that they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. Utilities shall be designed in accordance with the Collier County Utilities Ordinance No. 04-51. 6.5 WATER MANAGEMENT A. The project shall be designed and permitted in accordance with standards of the South Florida Water Management District. B. The lake originally approved as Lake L-1, Creekside Unit I Plat, shall continue to be operated and maintained in accordance with the approved plat and approved South Florida Water Management District Permit. C. Prior to discharge into the existing southerly lake within the project, stormwater shall be pretreated to applicable government standards and a water management maintenance easement shall be granted for the southerly lake to the Pelican Marsh Community Development District (COD). The Developer shall not seek to permit any interconnection, overflow or discharge from the project's southerly lake into the COD's \^Jater management system, consistent \^Jith the ~v~emorandum of Johnson Agenda.BCCAG ENDA.26222 6-2 Agenda Item No. se October 24, 2006 Page 114 of 273 Engineering, Inc. dated July 19, 2006, a copy of which is attached hereto as Exhibit G. D. Prior to the County issuing a final Site Development Plan for any portion of the project, the Developer shall enter into an agreement with the Pelican Marsh CDD that shall include provisions for the CDD to review water management plans and for the owner of the property within this BPPUD to pay the maintenance costs for the project's southern water management lake to the CDD. E. The projects conceptual water management system has been described in the water management report provided in the rezone application materials. A copy of the conceptual water management plan is included in the BPPUD Document as Exhibit F. 6.6 ENVIRONMENTAL A. An exotic vegetation removal, monitoring and maintenance plan for the site shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic vegetation removal shall be submitted with the above-mentioned plan. B. A minimum of 15 percent of the site's native vegetation shall be retained or replanted in accordance with the LDC. For this site a minimum of 0.37:1: acres of native vegetation shall be retained on-site. The BPPUD shall include approximately 2.6:1: acres of preserve area as shown on the Conceptual Master Plan. C. Areas subject to previously recorded conservation easements shall be maintained in accordance with the applicable conservation easement. D. This BPPUD shall be consistent with Environmental section of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. E. This BPPUD shall comply with the guidelines of USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to site/plan approval. F. All conservation areas shall be designated as tracts/easements with protective covenants. Easements shall be dedicated on the plat to the Agenda.BCC AGENDA.26222 6-3 Agenda Item No. se October 24, 2006 Page 115 of 273 homeowner's association for ownership and maintenance and to Collier County with no responsibility for maintenance. G. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. H. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. I. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final site plan/ construction plan approval. 6.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. External access points, including both driveways and proposed streets, shown on the BPPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended from time to time, and with the Collier County Long-range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional Agenda.BCCAG ENDA.26222 6-4 Agenda Item No. se October 24,2006 Page 116 of 273 external access points shall be considered unless a PUD Amendment is approved. D. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with Collier County Ordinance No. 01-13, as amended, and the LOC, as it may be amended. F. All work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the LOC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All private internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. J. The developer shall make a proportionate fair share payment toward future signalization and intersection improvements of Creekside Boulevard at the U.S. 41 and Goodlette-Frank Road intersection if and when warranted. K. The PUO Master Plan depicts a potential pedestrian interconnection with the adjacent property to the west, the developer, or assigns, shall assure that these interconnections shall accommodate the perpetual use of such Agenda.BCC AG END A.26222 6-5 Agenda Item No. se October 24, 2006 Page 117 of 273 access by incorporating the appropriate language into the applicable development covenants, and SOP or plat. L. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO or when warranted by the County. M. The Developer shall provide separate proportionate share payments for development of Parcels A and B not to exceed 15% of the road impact fees for development of Parcels A and B to address congestion management strategies in the Northwest Transportation Concurrency Management Area (TCMA), which will include the funding for intersection improvements and enhancements to transit and pedestrian facilities. The proportionate share payments shall include a credit in the amount of $75,000 for the installation of the SCOOT system at the U.S. 41 and Immokalee Road intersection and the next two easterly signalized intersections on Immokalee Road, a credit for the extension of Creekside Way to Creekside Boulevard shall be provided. The credit will be applied only to the 15% proportionate share payment above the current road impact fee. N. Prior to the issuance of the first CO for the Parcel A, Creekside Way shall be extended south to Creekside Boulevard. If the land and construction costs of the Creekside Way extension exceed the proportionate share payment due for development of Parcel A, the excess shall be applied as a credit for the proportionate share payment due for development of Parcel B. Staff shall permit the right-of-way cross-section for Creekside Way to vary from typical LDC standards in order to accommodate the roadway extension due to the presence of existing utilities located within the Creekside Commerce Park PUD. 6.8 AFFORDABLE HOUSING Collier County and the Developer of the Naples Daily News Business Park BPPUD have cooperated to address affordable housing impacts associated with the project. The Developer, or its successors and assigns, shall make a financial contribution to Collier County in the amount of $.50 per square foot of press plant (non-office) building area constructed within the BPPUD. This contribution shall be paid within seven days of the issuance of the CO for the non-residential uses. The payment of this contribution shall fully satisfy the project's obligations to pay affordable or workforce housing fees that may be adopted in the future by Collier County. Agenda.BCCAG ENDA.26222 6-6 I Agenda Item NO.Se October 24, 2006 Page 118 of 273 ORDINANCE NO. 06 -_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RURAL AGRICULTURE (A) AND CREEKSIDE COMMERCE PARK PUD ZONING DISTRICTS TO A BUSINESS PARK PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO BE KNOWN AS THE NAPLES DAILY NEWS BPPUD AND LOCATED, IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 35.24 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor & Assoc., PA, representing Collier Publishing Company, Inc., d/b/a Naples Daily News, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 48 South, Range 25 East, Collier County, Florida, is changed from the Rural Agriculture (A) and Creekside Commerce Park PUD Zoning Districts to Business Park Planned Unit Development Zoning District for a project known as Naples Daily News Business Park Planned Unit Development (BPPUD) in accordance with the BPPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super majority vote of the Board of County Commissioners of Collier County, Florida, this _ day of ,2006. Page 1 of2 Agenda Item No. se October 24, 2006 VanasseaW Daylor ~ !,(I~ !~,ffi!l~~~\i!! ZONING TRAFFIC ANALYSIS THE NAPLES DAILY NEWS, a BPPUD May 23, 2006 Immokalee Road and Creekside Way Collier County, Florida Prepared For: Barron Collier Companies 2600 Golden Gate Parkway Naples, FL 34105 Prepared By: Vanasse & Daylor LLP Job # 80938.02 12730 New Brittany Boulevard, Suite 600, Fort Myers. Florida 33907 T 239.437.460 I f 239.437.4636 W vanday.com Agenda Item No. 8e . , 2Gl06~"-" ,~r3 ~ I~g ~.,.. 14(; }I \.... ('. .,,,,,,,,,,,-.-=~,,::: .a Ci) ~ ! ~. i ~ ~ ~ I ~ :;:: .; I ~,' I:.~. ;;:. ~ - ~ ." I~.~ ~r,' ~8 ~>~ t:: " ~ o - .. ~ ,. :: .. ,;: 1 ~ ] :- ~::; 'r' ' ~. ~ ~ ~: ~~;::~ "" ~t 1 t~i .li'\:i 'IE ~... ~~ ~!i6 :::j:;, I * >'J'" //;' " -", . ;? !~,.: ~. (1)1- V'JO V')- CO>... cct3; ._roO Ii ;>- !' '. ; ~ -~._-". .0- .- !~. :,};' ~F ~~ r~' Agenda Item No. se October 24,2006 Page 123 of 273 Table of Contents INTRODUCTION AND SUMMARY ........................................................................................................................................ 1 INTRODUCTION...................................................................................................................................................................... 1 SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDA TlONS ......................................................... 1 PROPOSED DEVELOPMENT .................................................................................................................................................... 2 EXISTING AND PROPOSED LAND USE ......................................................................................................................... 2 AREA CONDITIONS .................................................................................................................................................................... 2 SITE ACCES SIBILITY ......... .................. ........................... ............... .......... ... ....... ................ ...................... ............................. 2 SITE- GENERATED TRIPS .................................. ... .............. ............ .......... ... .......... ...................................... ................... ........... 4 TRIP GENERATION ................................................................................................................................................................ 4 TRIP DISTRIBUTION AND ASSIGNMENT .....................................................................................................................4 ANALYSIS ..... ............. ....................... ...... .......... ... ...... ................... ............. ............. .......... ................ ...................... ........................ 5 PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES.......................................................................... 7 CAPACITY AND LEVEL OF SERVICE............................................................................................................................. 7 SITE ACCESSES ......... ........... .............. ....... ........ .............. ............. .......... ........................... ........................ ................... ...... ... 10 IMPROVEMENT ANALYSES .................................................................................................................................................. 10 IMPROVEMENTS TO ACCOMMODATE NOK-SITE TRAFFIC.............................................................................. 11 IMPROVEMENTS TO ACCOMMODATE SITE-GENERATED TRAFFIc.............................................................ll List of Exhibits Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 List of Tables Table 1 Table 2 Table 3 Table 4 Table 5 Table 6 Appendices Aerial Location Map Studied Intersections Distribution PM Background Traffic PM Project Traffic PM Total Traffic Site-generated Trip Estimate Site-generated Trip Distribution Significance Test LOS-Concurrency Management System Method LOS- Historical Growth Method Intersection Capacity Analysis Results Naples Daily News. a BPPUD 1:\Projeets\809\80938\T raffle ',g0938_ TIS002.doe Agenda Item No. se October 24, 2006 Page 124 of 273 INTRODUCTION AND SUMMARY INTRODUCTION Vanasse Daylor LLP (VanasseDaylor) is providing this Zoning Level Traffic Analysis for the Naples Daily News Business Park PUD. The purpose of this study is to provide to the Collier County Transportation Operations Review Department adequate information to show that the traffic-related problems are anticipated and that effective mitigation measures are identified. The site is located on Immokalee Rd west of Creekside Way (between US 41 and Goodlette- Frank Rd) in Collier County (see Exhibit 2). It is anticipated the site will be developed into 365,000 SF for the new Naples Daily News Headquarters and an additional 35,000 SF of other business park uses. The following Land Use program is proposed for this project: Business Park (LU 770): 400,000 SF SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS The significance test projected that the following link will be significantly impacted by the estimated site-generated trips: . Immokalee Rd from US 41 to Airport Rd The Link LOS analysis results indicate that all links analyzed will operate within the standard maximum service flowrates. This project may be subject to proportionate share payments for impacts to roadways within the Northwest Transportation Concurrency Management Area (TCMA). These payments will be capped at 15% of the road impact fees for the project. The project may be subject to Transportation Demand Management (TDM) strategies in accordance with Section 6.02 of the Land Development Code (LDC). Naples Daily News, a BPPUD I :\Projeets\809\80938\T raffle \80938_ TIS002.doe Agenda Item No. se October 24, 2006 Page 125 of 273 PROPOSED DEVELOPMENT EXISTING AND PROPOSED LAND USE The site is located on Immokalee Rd between US 41 and Goodlette- Frank Rd in Collier County (see Exhibit I). The site will consist of 400,000 SF of development and is currently vacant. The 1Dllowing Land Use program is proposed for the site: Business Park (LU 110): 400,000 SF Completion of this project is anticipated in 20 II. AREA CONDITIONS SITE ACCESSIBiliTY AREA ROADWAY SYSTEM The roadway system inside the study area contains the following arterial and major collector roads and streets: Tamiami Trail North (US 41) Tamiami Trail North (US 41) in the study area is a six-lane divided arterial street. It is under state jurisdiction and the speed limit is posted at 45 miles per hour (mph). Goodlette-Frank Road (CR 851) Goodlette-Frank Road in the study area is a two-lane undivided a11erial street from Immokalee Road to Vanderbilt Beach Road. Goodlette-Frank Road is a four- and six-lane divided arterial from Vanderbilt Beach Road to Pine Ridge Road. It is under county jurisdiction. Airport-Pulling Road Airport- Pulling Road in the study area is a four- and six-lane divided arterial. It is under county jurisdiction and has a speed limit of 45 mph. Naples Daily News. a BPPUD 2 I :\Projects\809\80938\T raffic '80938_ TIS002.doc Agenda Item No. se October 24, 2006 Page 126 of 273 Immokalee Road (CR 846) Immokalee Road in the study area is a four-lane divided arterial. It is under county jurisdiction and has a speed limit of 45 mph. Construction has just commenced to expand the section from US 41 to 1-75 to six lanes. Creekside Boulevard Creekside Boulevard in the study area is a two-lane divided and undivided collector road under county jurisdiction and runs from US 41 to Goodlette Frank Road. Creekside Way Creekside Way in the study area is a four-lane divided access off Immokalee Road. It is currently signalized and serves as an access for parcels along Creekside Parkway. TRAFFIC VOLUMES VanasseDaylor reviewed available data and model projections to estimate background and future traffic volumes for the study area. Data reviewed included the Collier County Transportation Planning Department 2005 Traffic Count Report (Collier 2005 Counts), and Collier Concurrency Segment Data dated March 4, 2006. Appendix A contains copies of the applicable data used. COMMITTED ROADWAY IMPROVEMENTS Roadway improvements are constructed in order b help alleviate current area road deficiencies and to support future area development. For purposes of this study, knowing that a roadway improvement is committed means that the characteristics of the higher level facility may be used in the reserve capacity estimates. Roadway improvements that are currently under construction or are scheduled to be constructed within the FY 2006 to FY 2008 were considered to be committed improvements. These were identified in the Collier County Transportation Improvement Plan and Florida Department of Transportation FDOT Adopted Work Programs for Collier County, Fiscal Year 2004/2005-201 0/201 I. The committed improvements in the area include: . Immokalee Road: six-lane expansion from US 41 to 1-75 in 2006. Naples Daily News, a BPPUD 3 I :IProjeetsI809180938 IT raffle '80938_ TIS002.doe Agenda Item No. se October 24, 2006 Page 127 of 273 SITE-GENERATED TRIPS TRIP GENERATION Site-generated trips were estimated usmg Institute of Transportation Engineers (ITE) Trip Generation (7th Edition), in accordance with the current Collier County policy. The following trip generation formulas were used, and the trips generation results are shown in Table 1: Business Park (LU 770): ADT: T = 10.75(X) + 747.41 AM Peak Hour: Ln (T) = 0.98 Ln (X) + 0.45 PM Peak Hour: Ln (T) = 0.92 Ln (X) + 0.78 TABLE I Site-generated Trip Estimate Land Use AM Peak PM Peak AD..I IotaI. .Ente.r: f.lili Lllai Enw: .E2ili... Business Park (LU 750) 400,000 SF 5.047 556 467 89 540 124 416 TRIP DISTRIBUTION AND ASSIGNMENT The pattern of site-generated trip distribution is based on locations of generators and attractors in the study area of the project. The site- generated trip distributions are presented in Table 2 and graphically shown on Exhibit 3. Naples Daily News, a BPPUD 4 I :IProjeets\809\80938 IT raffie '80938_ TIS002.doe Agenda Item No. se October 24, 2006 Page 128 of 273 TABLE 2 Site-generated Trip Distribution Roadway Link Enter Exit Airport Rd N of VBR 5% 5% Airport Rd S of Imm. Rd 1 0"10 10% Creekside Blvd E of proj. access 15% 15% Creekside Blvd W of proj. access 15% 10% Creekside Way N of Access Site 70% 75% Goodlette-Frank S of Creek Blvd 15% 15% Goodlette-Frank S of Imm Rd 0"10 0% Immokalee Rd E of Airport Rd 22% 22% Immokalee Rd E of Goodlette Rd 42% 42% Immokalee Rd E of Creek Way 42% 42% Immokalee Rd W of Creek Way 28"10 33% I II th Avenue N W of US 41 5% 5% US 41 N of Immokalee Rd 23% 23% US 41 S of Immokalee Rd* 10% 15% US 41 S of Creekside Blvd 15% 15% * I 0% Actually Exiting Traffic, but in NB direction ANAL YSIS SIGNIFICANCE TEST ANALYSIS According to Collier County Land Development Code (LDC) Section 6.02.02: ''M. Significance Test: Impact for the impact traffic analysis purposes for a proposed development project will be considered significant: 1. On those roadway segments directly accessed by the project where project traffic is equal to or greater than 3% of the adopted LOS standard service volume; 2. For those roadway segments immediately adjacent to segments which are directly accessed by the project where project traffic is greater than or equal to 3% of the adopted LOS standard service volume; or 3. For all other adjacent segments where the project traffic is greater than 5% of the adopted LOS standard service volume. Naples Daily News. a BPPUD 5 I :\Projects\809\80938\T rafflc 180938_ TIS002.doc Agenda Item No. se October 24, 2006 Page 129 of 273 Once traffic from a development has been shown to be less than significant on any segments using the above standards, the development's impact is not required to be analyzed further on any additional segments." In other words, a project will have a significant and adverse impact on a state or regionally significant roadway only if both of the following criteria are met: (1) the project will utilize 3 percent or more of the maximum peak hour service volume at the adopted level of service standard for the adjacent and next to adjacent link, 5 percent for the other links; and (2) the roadway is projected to operate below the adopted level of service standard. Significance was estimated according to Collier County's 3/3/5 rule. Table 3 indicates lmmokalee Rd east of US 41 will be the only link on the County Concurrency Management System utilizing 3 percent or more of the maximum peak hour service volume. The number of site trips generated for this link is displayed graphically in Exhibit 5. This link will be the subject of the Link LOS Analysis presented in the next section. TABLE 3 Significance Test Site as Peak Site % of Rn,rlw,y I ink lli:ect SF mox L:ips SF mox Airport Rd N of VBR NB 2,460 6 0.2% Airport Rd S of Imm. Rd NB 2,460 12 0.5% Creekside Blvd E of proj. access EB 760 62 8.2% Creekside Blvd W of proj. access EB 760 19 2.5% Creekside Way N of Access Site NB 760 31241.1% Goodlette-Frank S of Creek Blvd NB 1,190 19 1.6% Goodlette-Frank S of Imm Rd NB 1,190 0 0.0% Immokalee Rd E of Airport Rd EB 3.290 92 2.8% Immokalee Rd E of Goodlette Rd WB 3,030 52 1.7% Immokalee Rd E of Creek Way WB 3,030 52 1.7% Immokalee Rd W of Creek Way WB 3,030 137 4.5% III th Avenue N W of US 41 WB 1.040 21 2.0% US 41 N oflmmokalee Rd NB 3.520 96 2.7% US 41 S of Immokalee Rd NB 3.370 42 1.2% US 41 S of Creekside Blvd NB 3,370 62 1.8% *Capaeityof III th Avenue N west of Vanderbilt Dr. used for Creekside Way and Blvd Naples Daily News. a BPPUD 6 I :IProieetsI809\80938 IT raffie \80938_ TIS002.doe Agenda Item No. se October 24,2006 Page 130 of 273 PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES Background traffic on Immokalee Rd was developed using multiple sources. Specific Link volume data was provided by the Collier County Transportation Department. The link volume consists of recorded 2005 directional Peak Hour volumes and "banked" trips that were assigned to the link for approved developments (see Appendix A - Concurrency Segment Tables dated March 04, 2006). This is the methodology that is currently in use by Collier County for tracking the availability of reserve capacity on specific roadway links as part of the concurrency management system. Table 4 contains the link-specific background traffic date. In addition, historical growth rate calculations were completed to determine buildout year backgrOl.md traffic for the significantly impacted link. Traffic data from 2000 and 2004 were used to derive the growth rate, which was the base to project the background traffic. Table 5 contains the background traffic data projections. TABLE 4 level of Service Test (Link-specific Background Traffic Data -Concurrency Segment Table 03/04/2006-) DPK Hr Ir4L J:gW. .B.mL Proj. WII Std? Link Ycl .6ank ~ Ca pa city T raffle SF mox ~ Total Immokalee Rd W of Creek Way 2,000 515 2,515 515 137 3,030 Y Y TABLE 5 level of Service Test (Historical Growth Method) AADT Growt/- Link Dir 2000 2001 2004 2005 W 34,082 40,344 42,086 E Rate DPK Hr Vol Proj. WII Std? ** 2006 2008 2011 Traffic Sf.- Bkgd Total 2,000 2,220 2,600 137 Y Y 1,521 1,690 1,980 35 3,030 Y Y Immokalee Rd W of Creek Way 5.4% ** Form Concurrency Segment Table 03.04.2006 CAPACITY AND LEVEL 0 F SERVICE LINK ANALYSES The segment ofImmokalee Rd east of US 41 was identified as being significant. This link was evaluated to determine whether projected operation would be within County standards. Both the Naples Daily News, a BPPUD 7 I :\Projects\809\B0938 \T raffic 180938_ TIS002.doc Agenda Item No. se October 24, 2006 Page 131 of 273 Concurrency Management System and Historical Growth methods were used to determine whether the link was within the standard Maximum Service Flowrates for both Background or Buildout traffic. Table 4 presents the LOS for the Concurrency Management System. The Historical Growth method result appears in Table 5. Both Link LOS Analsyses indicate that Immokalee Rd east of US 41 will continue to operate within the maximum service flowrates with this project. INTERSECTION ANALYSES The foregoing determinations were based on link service levels using Concurrency Segment and historical count data. Since intersection operations have a greater impact on corridor operations than the capacities of the roadway links, additional analyses were conducted on key intersections in the Area of Influence. The selection process was based primarily on relationships between the significant links and proximity to the site. If no degradation to the service level of an intersection using total traffic volumes was identified, then no additional analyses were performed on that intersection. The analyses were conducted using SYNCHRO':ID to determine probable intersection operations. Table 6 presents the Buildout Year PM Peak Hour background and total traffic levels of service at the intersections that were analyzed for this study. Copies of the analysis results are contained in Appendix B. TABLE 6 Intersection LOS & Delay BKGD Total US 41 & Immokalee Rd F/l26 FII41 Goodlette-Frank Rd & Immokalee Rc E/57 E/66 Two different scenarios were analyzed for the buildout year: background traffic with existing and committed roadway improvements and total traffic with existing and committed roadway improvements. Naples Daily News. a BPPUD 8 1:\Projeets\809\80938 \T raffle '80938_ TIS002.doe Agenda Item No. Be October 24, 2006 Page 132 of 273 US 41 & Immokalee Road This intersection is expected to operate below LOS standards for projected background traffic conditions. The improvements needed at this intersection to mitigate projected background demands consist of dual right turn lanes on the westbound approach and a southbound triple left turn lane. The westbound right turn lanes sho uld be 840 feet long. The southbound triple left turn lanes should be 715 feet long, including a 240-foot deceleration lane with 100-foot taper. Although the intersection will still operate at LOS F, the computed average intersection delay is substantially reduced from 141 sec/veh to 100 sec/veh, or more than lh minute per vehicle. These improvements possibly could be constructed within additional right-of-way by relocating the sidewalks. Constructing a grade-separated flyover, such as a Single-Point Urban Interchange (SPUI), or separate the intersection into two smaller, grade-separated intersections using an Echelon Interchange, would probably provide the only effective long-term operational improvement at this intersection. Although these improvements would reduce the average intersection delay to the projected background traffic delays, LOS F operations are still projected. Considering the substantial right- of-way acquisition costs that would be incurred to attain this improvement in computed delays, implementing this theoretical improvement would not be prudent expenditure of construction funds, and should not be given further consideration beyond it being an indicator that the maintaining agencies should begin studying alternatives in order to improve operations at this intersection. Goodlette-Frank Rd and Immokalee Rd This intersection is expected to operate at LOS D for projected background and total traffic conditions. No additional improvements should be required at this intersection in order to accommodate anticipated site- generated traffic demands. TRANSPORTATION CONCURRENCY MANAGEMENT AREA CONSIDERATIONS The site is located southeast of the US 41 & Immokalee Road intersection in Collier County. This project is in the Northwest Transportation Concurrency Management Area (TCMA-see Appendix A). In accordance to the Collier County Land Development Code Section 6.02, "to Naples Daily News, a BPPUD 9 1:IProjectsI809180938 IT raffie '80938_ T1S002.doe Agenda Item No. Be October 24,2006 Page 133 of 273 maintain concurrency, each TCMA shall maintain 85% of its no~south lane miles and 85% of its east-west lane miles at or above the IDS standards described in Policies 1.3 and 1.4 of the GMP Transportation element. If any Traffic Impact Statement (TIS) for a proposed development indicates that fewer than 85% of the lane miles in a TCMA are achieving the LOS standards indicated above, the proposed development shall not be permitted where such condition occurs unless modification of the development is made sufficient to maintain the LOS standard for the TCMA, or the facilities required to maintain the TCMA LOS standard are committed utilizing the standards for committed improvements in Policy 1.5.3 of the Capital Improvement Element of the GMP. An analysis of the north-south and east-west lane miles within the Northwest TCMA found that with the project as proposed, 100% of the lane miles treet LOS standards (see Appendix A). a) Since the project doesn't adversely affect roadway segments within the Northwest TCMA and over 85% of the lane miles meet LOS standards (currently 100o/<rsee Appendix A), a proportionate share payment is not appropriate. SITE ACCESSES Site Access analyses were completed utilizing SYNCHRO:ID software, which is based on the Highway Capacity Manual 2000 (HCM 2000), and applied to Build-out year traffic. Appendix B contains the SYNCHRO@ computer printouts. The purpose of these analyses is to evaluate the operational characteristics and needs of the site accesses, and to recommend access point locations. The project is proposed to have one full-movement access point onto Creekside Way IMPROVEMENT ANALYSES Because many of the analyses were addressed in a previous section, this improvement analysis section will be limited in scope to a conclusive narrative. Naples Daily News. a BPPUD 10 I :\Projeets\809\80938 \T raffie '80938_ TIS002.doe Agenda Item No. se October 24, 2006 Page 134 of 273 IMPROVEMENTS TO ACCOMMODATE NON-SITE TRAFFIC Collier has committed to construct roadway improvements on lmmokalee Road. These improvements will be completed by FY 2006, well before Naples Daily News, a BPPUD reaches its buildout. IMPROVEMENTS TO ACCOMMODATE SITE-GENERATED TRAFFIC The following improvements were identified as being needed in order to accommodate site- generated traffic: . Main Access: full-movement unsignalized with turn lanes This project is subject to appropriate Road Impact Fees. Naples Daily News, a BPPUD II 1:IProjeetsI809\80938 IT raffle '80938_ TIS002.doe uc.o COO o ON Z . "'" EN OlI.- -Ol -.0 roo 'O- ct) OlO 0) <( p'o~ 8ulflnd-:wodJI\I :..:: ex: w ~ o Vi w :..:: U w ex: w w ex: L U L o U ~ UJ ~ ~ .51 >-'U~ ...,J!l:1- ~ q;.e iii ! Q.!::X: CI)'O~ LlJ:6 ...,J ::s Q,,(ij ~ p.o~ ~U'J:l-.IU.lpo09 ,eM .plS~...J:) w l- V) I- U w --. 0 a::: c.. " '" 0 a: '" '" -;;; .>< 0 >= ~ <( 0 V) <( a.. Z 0 ~ I V) \..:) I.U IZ~~! " :. > '" -S o '" '" ~ .>< '" '" u ~ ~ :!: o (.) Q: !:!:! ...,J ...,J '" o _;! 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"'... os "\ N '0 '" o a: Q) Q) -;;; -'" o E E 1.. aLl> ~~~ "'Z~~'l ..I 1" r O~I: ~t,.. 0<00 ~...", N " ~ pEO'll ~U!llnd-lJodJ!'o' pEO'll ~ueJ~-al)1aIP009 ~ 0:: w ~ o Vi w ~ U w 0:: w w 0:: L U L o U t.eM ap!s~aaaJJ w l- V) I- U w - o ~ D.. <( o Vl <( a.. Z 0 ~ ~ l? Iv sn ~~ UJ ... ~~ >-~1O ~ :::! ~!::: 5 _ ... CO ~ ~ ~ ~ UJ~LiJ ....I '" Cl..~ ~ll. 'E '" > Q) :; o '" Q) '0 'v; -'" Q) Q) u ~ ~ :E o (.) 0:.: ~ ....I ....I '" 0_ ;! " "... "" ".., ~ ~.: Os,,, D::~~~ 0:.: <: ~ :;: q: :;: E '" ex) ~ .!d El; ];"p - . ~ . ~ . ~1 !$ . .: ? Co :; 5 .'L~; ;;-J.!'" ~.~ ~1' :..ii :,f;=!~ Hf H~~- IIi OJ L- 1n0 In~ l~gJ Agenda Item No. se October 24,2006 Page 140 of 273 ApPENDIX A - TRAFFIC DATA . Collier County Concurrency Segment Table . Collier County Mechanical Counts . Collier County TCMA R.eport . Collier County AR.T-Plan 4.0 LOS Tables . Initial Meeting Checklist . FTE Manual Turning Movement Counts . Turning Movement Count projections Naples Daily News, a BPPUD Appendix Concurrency Segment T,blc 03/0412006 ..2003 1 I. :2 I 3 1 4 1 5 I' 6' 1 . 7 I 10 1 11 I 12 I 13 I 14 i 15 1 .. 16 I 17 I 18 1 19 I 20 121 I 22 ! 23 124 125 I 26 I 27 I 29 1 30 I 31 132 I 33 134 . In 35 I 36 1 37 I 39 I 40 I 41 1 42 1 43 i 44 I 45 1 46 I 47 1 48 I 49 I 51 I 52 I 53 I 54 I 1 I 1 I i I 1 I I I I I I 55 58 59 61 62 63 64 65 66 67 68 69 70 71 'Airport Road Immokalee Road ,Vanderbilt Beach . Airport Road \ian({eh)ild3each:p:ine.:~i-?g'e"~Oa'd ..AirporlRoadiPirie Ridge Road '.Golden Gate Parkway . Airport Road . . Goiden Gale Parkway, Radio Road' . Airport Road Ra'dio'Road-' ) Da~"'is Bouievard" . Airport Road 6a~isBoule~a~d0s 41 . . Bayshore Drive US 41 Thomasson Drive : County Barn Road . Davis Boulevard ,Rattlesnake CR 29 .0541 .ChokoJ()skee Isiarid ; Davis ElOulevardUS 41 ...AirportRoad .;Da~jsB9.ute~ard . AirportR()ad .. iLakewoodBoulevard 'Davis Boulevard . "La'kewoOd Boulevard 'County Barn Road :,Davis Boule~ard : County Barn Road Santa Barbara :[)avisBolJle~ard SaritaBarbaraC()lIier Boulevard. . Golderi Gaie ColiierBOlJlevard' Wilson BOlJlevard 'Golden Gate Parkway iUS 4; Goodlette.Frank Road GolderiGate piJrkwal'GoOdlette-Frank Road 'Airport Road : Gol2en Gaie Parkway 'Airport Road 1-75 Goiden Gaie Parf;way :1-75 Santa Barbara . . Golden Gate Parkway 'SantaBarbara'CollierBoulevard . ;Goodlette~Frank Roadlmm()kaleeRoadVanderbill Beach U G(Jodlette:FrarikRoad\landerbiitEleach .: Pine Ridge Road . GoOdiette:FrankRoadj>ineRidge R'oad Golden GaieParkway . . Goodlette.FrankRoadGolden Gate Parkway US 41 . GreenBouievardSanla Barbara ,Collier Boulevard .u.GlJ1ishorelJrive. 1i1thA:;enue Vanderbilt Beach Coilier3oule'lard :Immokalee Road Golden Gate 'Coilier Boulevard.Golden Gate Green Bivd Collier Boulevard Green Boulevard 1-75 . . Collier BOlJle'lardl:75 Davis Boulevard Collier Boule'lard Da'lisBoulevard Rattlesnake .' , ." '.- . -. .--- . ... .. . . Coliier Boulevard Rattlesnake .SR 95.1 . US.41.. ...... SR 95.1 Manatee Road 1111h AvenlJeN: Gulfshore Drive 111lhA~enue N. Vanderbilt Drive :lm'mok-ale'e"Road 'U8"4'1 .Immokalee Road ,Airport Road ImmokaieeRoad '1-75 .....,.< '. :Immokalee Road Collier 30ulevard Immokalee Road Wilson Boulevard Immoka'ee Road Oil Well Road Lake Trafford Road . Westof SR 29 .-" -" '. .Logan Boulevard Vanderbilt Beach Pine Ridge Road Logan Boulevard Pine Ridge Road Green Boulevard 'Livingston Road. Imperial Street Immokalee Road ,Livingslon Road.' .... . immokalee Road Vanderbilt Beach ,Ui'ingston Road.Vanderbilt Beach Pine Rid':Je Road. .. 'Liv'ingslonRoad . Pine Ridge Road Golden Gate Parkway Li;;ingslon Road Golden' Gate Parkway Radio Road N.1si Street New Market Road Main Street 'New Market Road Broward Street SR 29 Camp Keais ..CR 858 Immokalee Road Old US 41 Lee County Line US 41 Se"gate IJn'lecraytonRoad US 41 ... . '.'~" _._. ... '0' _ ,.,' ., ,. Pine Ri.d~e Road ,US 41 . .. Ooodlette.Frank Road Pine Ridge Road .Goodlette,Frank Road Shirley Street . Pine Ridge Road Shirley Stre.et . Airport Road Pine Ridge Road Airport Road 1-75 Pine Ridge Road 1-75 L09an' Boulevard Radio Road Airport Road Li'lingstonRoad . Radio Road 'Livingston Road Santa Barbara F?adb Road. Santa Barbara Davis Boulevard .US41 'Manatee Road Ma in sail Dr Van(JerbiltDrive ,0S41 Airport Road '\-75 . Logan Boulevard Wilson Boulevard Oil Well Road Everglades Boulevard SR 29 Cooc$cgments_ 03_04_ 06.xls Agenda Item No. se October 24,2006 Page 141 of 273 "f-"":"''''- ~g~~~ 1870 336 2206 254 2340 506 2846 .. 1124 '1 H2210 .523 "2733 10971 2620 .'-, 26S 2889 34; I H. 2370 231 2601 . 14991 1930 211 H2141 439' 1 740 41 781 1169 I H690 234 924 936 I 181 4 185 690 I 1950 150 .,1 2100 , 1320 I 1936 .167 .2037 pl' 43 1 2430 4 0 u1930 .~ . HH235 . ;- >2165; :1'65 1 2400 4 D 1860 5;4 2374.. HH26. I 1530 2 D 1120 564 ;624 H ~94 I 235.0 4 D 1240 278 1518 832 I 3180 6 E 1200 76 " 1276 1904 I 4350 6 E 2670 171 2841 1509 .1 4370 '6 E 2050 270 2330 "Z'o46 I 3730 5 E .. 2070 . 169 2239 .1491 I L 1980 4 D 1750 182 .H1932 48 I 1190 2 D 530 134 764 426 I 2790 6 D 1150 157 '1317 ';4731 3420 6 E ;460' .. 272 1732 '16881 3500 6 E 1850 115 1965 1535 1 1040 2 D 680 39 321 I 5.30 2 D 250 16 266 264 I 3300 5 E 1010 884 1894 1406 I 3300 6 E 1680 678 2358 942 I 2260 4 D 1470 600 2070 190 I 3690 6 E 3300 461 3761 -71 I 3270 6 E 1856 393 ..2243 1027 I 3330 6 E 1730 446 2176 1154 I wici D 185.0 337 ... 2187 -217 I ... 1510' 2590 4 D 279 1789 801 I 760 2 350 22 372 '388 I 1040 2 770 88 858 182 I 3030 6 2000 515 2515 515 I 3290 6 ~ 2290 697 2987 303 WI 4370 6 E 3631 739 I 3790 6 E 1797 1993 I 3670 6 E 1873 1797 I 860 2 D 494 I 875 2 D 538 I 990 2 D 433 I 2070 4 D 1220 649 I 3260 6 D 570 2534 I 3890 6 E 1000 2829 I 3890 6 E 1000 u2728 1 4000 6 E 1370 '1764 2236 I 4000 6 E 1260 1483 2517 I 1000 2 400 416 584 I 1010 2 D 430 477 533 I 860 2 D 130 333 527 1 1010 2 D 780. 850 160 1 1620 4 D 930 998 622 I 2730 6 E 2010 2190 540 I 3300 6 E 2750 3088 212 I 3730 6 E 2760 3152H 578 I 3730' 6 E .2so6 3541 ':89 I 3790 6 E 2190 2420. 1370 I , 2180 4 1300 1590 590 i 2120 4 D 1560 1737 383 1 2120 4 D 125.0 262 1512. (jOB I Concurmncy Segment T.ble 03/0412006 I 72 'Rattlesnake jUS41 East ;Chariemagne I 73 URattle'snake! Charlemagne' County Barn Road 1 74 ;Raiilesnake ,.u,cou.~iy.~~r.nRoad :p"lil'l\~e.~.u~, 1 '75' tRaiiiesnaki) . !polly Avenue ,Collier Boulevard I ...76 '.SantaBarbara u:~reel1~OLJIe.var~u u.....9()lden~G~tepark.:.iay' r 77 :SantaBarbara.. ';Go.ldengateParkway;.RadioRoad r 78 San',;. Barbara .:Radio Road 'Davis Boulevard I.' 80SR29luS41 CR.8:i7.. IS1-. .SR29u :CRS371.7s" iu :~u:~:~:{~~~5~' ......... .u;~;~~~1.(NeWMarket), 184" :sR'29CR 29A SouthN 15th SI 185SR 29;N1SthSt.N .:CR 29ANorth I 86 U 'sA. 29 :CR 29A North SR 82 !S7'SR29!HencliY County LineqsR8i 1 88:SR82 Lee 'County LineuSR29 r 89T..miamiTraiiEa's! !i'ourcorners . ..... ..Goo.dleiie-F~;;kRoadr 1 .96 . Tamiami TraU East.' jGoodlette'FrankRoadDavis.BoU!evard 1 .91,TamiBrTiifraU'Ea'st. mavis Boulevard ';Airport Road \. . 92'" Tamiamitra';iEast ... 'A,ir~~~,R.C;ad.':Rattli.Snake,. . ....u.. r . 93 ."TamiamiTraiIEast ..Ratt'e.s~a~~. ... ..uTriangleB()ulev~~d! I" . 94' :Tamiami Trail East .Triangle Boulevard (Collier Boulevard r. 95 . TamlamiTrail Easi . . Collier Boulevarci San MarOol)rive 1 ' 96 ... . Tamiami'irailEast 's~riMarco6ri~eSRi9 . 197 P Tamiami'Traii East' sA. 2SP, 6adeCouniy Line 1 98 TamiamiTra'iiNorth iLeeCountyLine:wiggins Pass Road . I 99 TamiemiirailNorth . . 'Wiggins Pass Road .Imrnokalee Road I.... 100 . ra'mlami rraiiNorth .1 mmokalee Road. . .Va~derbiilBeach. I P101 ... iarniami rraii North ..'Vanderblit Beach' ;GuifParl< Drive 1 102 . TamiamiirailNorth . Gul(ParkbrivePineRidgeRoadU I fO:iTamiami 'TrailNorthiPineRidge Road ....solana Road ji04famiamifrailNorthS()ianaRoaCiP .. Crcech Road r 105 Tan:.iamiTraii North ; Creech Road .,GoidenGate Park':;al', 1 106 Tamiami Trail North Golden Gate ParkwayCentraiAyenue ... 11M. ,TamiamiTrail NorthCentral Avenue iGoodlette-Frank Road' 1168 fhomassonD;i~e.Bayshorebr;ve.' JUS 41 Easl r' .109 .. iVanderbiii Beach .. . Gulf shore Drive ,US'41.. . P.... 1 110 yand~rbiliBeachUS 41 Airport Road I 111 :Vanderbilt Beach Airport Road LoganBoulevard I' 112 :VanderbUiBeach 'Logan8oLJleva;dP:COII;erBou~vard I 114 Vanderbili'Drive 'iLee 'CountyUneWigginspassRoacl I 115Vanderbiiibrive . Wiggins Pass-Road 111th Avenue I ',17 Wiggins Pass Road 'Vanderbilt Driye 'US 41 1122 ()ilV.iell Roadlmmokaiee Road' EyergladesBouieyard I ... 126 . Pine Ridge Road Logan Boulevard.' . ... Collier Boulevard I 1271mmokaiee RoaclLoganBoulevard :CR 951 ConcSegments_ 03_04_ 06.xls 1940 '-1940 '2340 ',860 ""1930 ,-,' " 3076. 2790 ; 875 P875 .. 875 875 . 1860P 875 875 875 875 3416 .'. i .'3850 2750 3266 3500 3200 1075 1075 875 2400 3520 3370 3440 3550 3410 3470 3320 3860 3880 d760 Agenda Item No. se October 24, 2006 Page 142 of 273 4 4 4 4 ',('. a 6 '2 2 2 .1..' 2'" 4 2 2 2 2 6' 8 6 6 6 's i ......2 P2 ".. 6 6 6'" .- ~', ..6 . 6 6 6 6 a 6 2 D D D D i "0 E E C C 'c C ..c c c 'c . c E.... E E .d '.. E' E dE c C .. C . , E' E' E E E E E E E 1180 1010 826 : . 5'80 1360 1526 976 136 i36 .130 460 700 .. '290' 540 290 546' , 2696 3500' 1970 "'f' 2870 '1820 1470 640 270 . 220 . 1910 .'.2510.' '2560 2490' '2806 d301Cl 279Cl 2550 2120 "2180 400 . ..'1096 1410 144'0 .d. 71() , . '646 670 460 530 I 24ii 2240 ~~M~~ 1311 6291 . 1f378Cl3 . I .J. 925 '1415"1 "'768 '10921 >1531'; 399uI d 18831187\ 1506 1284.' I ,i'30" . '745....1 130....7451 ,165 l1Cl ..1 :,... 556'319-1 816 11'044] ,. ,329(5461 629 "246' '1 .3DO.5ls', .'624' ;i's{'] (' 2179', 1231 1 , 3706:i 441 2343 ,467'1 '3243 ,-43' I r2257 12431 26361164 I 1"251 -1761 280 795" 1 "223 . 652 '1 iDs4 '3661 2861 6591 2932' . 438U\ "2684' ""-"756"' . 2988562" I 3109 3011 2842 .. "6281 d2610. .716 1 -2193 " 1667.\ 2234 1646 I 454" ....306 1 '1146 . .144 . I 16491711 .... 1(3981842 1 9692631 1 . 733 342' .1 '721..429J 567 483 1 . iiii 3031 ,., ~ 133'3 . 1"467 ! 2428 8221 Collier County Average Daily Traffic (ADT) Counts (Five Year History & Listed Alphabetically) Agenda Item No. se October 24, 2006 Page 143 of 273 Sla. T' Location 2000 ADT 2001 ADT 2002 ADT 2003 AOT 2004 ADT Change 03 04 546 Q US 41 (SR 45) at Lee County Une 31,891 32.767 37.790 38,280 38,251 .0.08% 564 Q US 41 (SR 45) north of Immokaiee Rd (CR 846) 46.468 0 53,446 53,988 54.468 0.89% 562 Q US 41 (SR 45) north of Pine Ridge Rd (CR 896) 44:117 42,102 48.686 49,715 53,026 6.61>'1. 577 Q US 41 (SR 45) south of 99th Ave North 37,974 0 47,581 49,071 53,423 8.87'1. 561 Q US 41 (SR 45) south of Pine Ridge Rd (CR 896) 52.426 55,648 54,635 56,497 57,838 2.37'1. 563 Q US 41 (SR 45) south of Vanderbilt Beach Rd (CR 862) 41,613 0 44,546 46,390 49,739 7,22% 604 Q US 41 (SR 90) east of Airport Rd (CR 31) 40,214 46,774 45.164 46,908 49,091 4.65'10 608' Q US 41 (SR 90) east of Collier Blvd (CR 951) 10.789 12,552 12,570 0 12,977 0.00% 545 Q US 41 (SR 90) east of Davis Blvd (SR 84) 31,15B 30,800 33,089 33,594 35,118 4.54% 572 Q US 41 (SR 90) east of Raltlesnake Ham Rd (CR 864) 33,566 36.312 36,301 36,199 37,973 4.90% 616 A US 41 (SR 90) cast 01 SR 2SlCR 29 4,217 5.032 4,661 5,098 4,113 .19,32% 571' Q US 41 (SR 90) west of Collier Blvd (SR 951) 22,992 26,082 27.069 0 27,758 0.00% 570 Q US 41 {SR 90) wesl of San Marco Rd (CR 92) 4,875 5,159 4,952 5,585 5,022 .10.09'1. 617 A US 41 (SR 90) west of SR 29/CR 29 5.120 B,126 5,692 6,215 5,049 .18.76'/. 646 Q Vanderbill Beach Ex!. (CR 862) east of Pelican Ridge 22,118 22,870 23,203 24,032 25,554 6.33% 579 Q Vanderbilt Beach Rd (CR 862) east of Airport Rd (CR 31) 24,391 27,867 26.4 78 27,734 24,599 .11,30'10 666 Q Vanderbilt Beach Rd (CR 862) east of GoodleUe Rd (CR 851) 22.487 24,732 24,995 25,761 26.640 3.41'10 668 Q Vanderbill Beach Rei (CR 862) east of Vineyards Blvd 17,440 19,587 18,440 18,203 18,155 .0.2e'/. 721 S Vanderbilt Beach Rd (eR 862) easl of Vineyards Blvd 0 0.00% 5BO Q Vanderbilt Beach Rd (CR 8(2) west of Collier Blvd (CR 951) 10,362 11 ,938 11,421 11,247 12,099 7.58% 667 Q Vanderbill Beach Rd (CR 862) west of Oakes Blvd 20,587 22,105 21,923 23,072 26,351 14.21% 722 S iVanderbilt Beach Rd (CR 862) west of Oakes Blvd 0 0.00% 524 Q Vanderbilt Beach Rd (CR 862) west of US 41 {SR 45rfamiami Tr} 17,616 20,389 19.171 20,0:>6 20,680 3.22% 633 Q Vanderbilt Dr (CR 901) norlh of Vanderbilt 8eh Rd (CF/. 862) 8,596 10,791 7,670 6.958 7,223' 3.81'1. 578 Q Vanderbilt Dr (CR 901) north of 111 th Ave North 11,466 '13.069 10,826 10,863 11,476 5.64% 548 Q Vanderbilt Dr (CR 901) north of Wiggins Pass Rd (CR 888) 10,419 12,506 n,547 9,591 10,685 11.40% 632 Q Vanderbilt Or (CR 901) south of l11th Ave N 7,075 8,348 6,334 5,862 6,049 3.16% - 640 A Vineyards Blvd south ofV<lnderbill Beach Rd (CR 862) 7,200 7,894 7,711 8,420 7,891 .6,28% 611 Q Weslclox Rd west of North 15th SI (SR 29) 2.952 4,559 3.391 3,300 3,481 5.47'1. 592 A Wiggins Pass Rd (CR 888) east of Gulf Harbor Rd DISC. DISC. DISC. DISC. 0 0.00% 670 Q Wi99ins Pass Rd (CR 888) east of Vanderbilt Dr (eR 901) 4,167 4,624 4,768 4,836 5.611 16,02'10 669 Q Wiggins Pass Rd (CR 888) west of US 41 (SR 45) 6,158 6,513 7,132 7,413 8,104 9.33% 680' a Wilson Blvd north of Golden Gate Blvd (eR 876) 3,911 4.947 5,352 7,390 B,259 11.76% 676 Q Wilson 8lvd north of Immokalee Rd (CR 846) 1,182 1,330 1,500 1,578 1,528 .3.15% 681 Q Wi\sOf1 Blvd south of Golden Gate Blvd 408 411 406 411 419 2.01% 650' Q Wilson Blvd south of Immokalee Rd (CR 846) 3.639 4.408 5,158 $,852 8,877 29.56'1. 709 5 Winterberry Dr east of Collier Blvd (SR 951) 4,368 4,313 4,506 4,297 4,769 11.00% 712 S Winlerberry Dr west of Barfield Dr 3,926 4,4 54 4,743 4,427\ 4,961 12.06% 703 S Yel\owbird SI east of Bald Eagle Dr (CR 953) 1,640 1,612 1,694 1,636 1,772 8.31% 702 S Yellowbird 5t south of Collier Blvd (SR 951) 1,935 2,258 2,343 2,261 2.496 10,37% Actual change in overall 2004 traffic from 2003 traffic is an increase 0(: 3,640,280 3,566,020 3,740,1441 2.02% Page 3 . 8 of 22 41B/20DS Sta. T' Location 2000 AOT 2001 ADT 2002 ADT 2003 ADT 2004 AOT Change 03 04 504 Q Goodlelte Rd (CR 851) south of Golden Gate Pkwy (CR 886) 32,554 38.707 37.364 37,720 38,243 1.39'/, 594 0 Goodlette Rd (CR 851) south of lmmokalee Rd (CR 846) 14,602 17 .368 15,348 12,311 11,806 -4.10% 596' 0 Goodlelte Rcl (CR 851) south of Orange Blossom Dr 20.533 24,426 20,193 0 0 0.00% 506 a Goodlelte Rcl {CR 851} south of Pine Ridge Rd (CR 896) 31,874 35,934 33,746 31.450 29,681 .5.63% 642 a Green Blvd east of Santa Barbara Blvd 10,346 12,153 13,100 13,862 14,261 2.88-/, 643 Q Green Blvd west of Collier Blvd (CR 951) 6.135 6,946 7,833 7,893 8,582 8.73% 583 A GulfshOre Dr south of Bayview Dr 5,172 6,543 5.961 5,545 5,723 3.21 '10 714 5 HeathwOod Dr north of San Marco Dr (CR 92) 6,920 7,190 8.344 6,918 6,711 .2.99 '10 715 S Healhwood Dr south of San Marco Dr (CR 92) 5.366 5,745 6,093 5,459 5,515 1.02% 675 Q Immokalee Rd (846) easl of Wilson Blvd 16,208 17.913 21.482 23,577 25,970 10.15% 625 Q Immokalee Rd (CR 846) east of Goodlette Rd (CR 851) 34.271 37,278 38,702 40,590 45,385 11.81% 567 Q Immokalee Rd (CR 846) east of AIrport Rd (CR 31) 28.939 30,591 39,031 44,916 46,051 2.53% 593 Q Immoka1ee Rd (CR 846) east of Collier Blvd (CR 951) 18,361 19.799 22.138 24,231 23,363 .3.59'/, 568 Q lmmokalee Rd (CR 846) east of 1.75 (SR 93) 28.242 33.077 3<\,565 38,579 42,933 11.29.... 566 Q Immokalee Rd (CR 846) east of US 41 (SR 45) (iamiami Trail) 34,082 40,344 37,742 38,985 42,086 7 .95~. 620 Q lmmokalee Rd (CR 846) north of Stockade Rd 7.870 8,529 8,848 8,685 8,217 -5.38% 586 A lmmokalee Rd (CR 846) south of Oil Well Rd (CR 858) 11,994 12.504 14,950 16,537 16.485 -0.31% 565 Q lmmoknlee Rd (CR 846) west of US 41 (CR 45) (Tamiami Trail) 15,142 0 17,305 17,481 18,991 8.64% 656 Q lmmokalee Rd (CR 846) west of Collier Blvd (CR 951) 15,346 16,083 21,489 25,787 27,431 6.38% 672 Q Immokalee Road {M6} 2 miles east of Everglades Blvd. 5,125 4,733 4,806 1.55% 684 Q Immokalee Road (CR 846 East) 3 miles east of 29 South New Count 2003 1,382 1,434 3.73% 679' 0 Immoka\ee Road (CR 846) west of 1.75 (SR 93) New Count 2003 39,775 45,345 14.00% 674 Q lmmokalee Road (CR 846) west of Wilson Blvd 10.702 17,900 20,460 21,380 21,277 .0.40% 677 Q Imlllokalee Road East of Everglades Blvd 5.086 5.224 5,205 .0.37% 671 Q lmmokalee Road south of corkscrew Silnctuary Road 5.492 6,033 5,348 .11.37'(. 631 Q J & C Blvd west of Airport Rd (CR 31) 12,033 12,157 12,040 11,946 12,131 1.55% 614 A Jane's Scenic Or west or 5R 29 780 902 1,011 998 705 .29.36'10 707 S Kendall Dr west of Collier Blvd (SR 951) 3,033 3.128 3,135 3,470 3,454 .0,45% 609 Q Lake Trafford Rd (CR 890) west of Carson Rd 6.269 6.759 6.547 6,679 6,320 .5.38% 551 0 Lake Trafford Rd (CR 890) west of Norlh 15th 51 (SR 29) 11.482 12.265 ',2,004 12,280 12,337 0.46% 673' Q Livingston Road (CR 881) north of Immokalee Road (CR 846) 3,230 2,840 16,344 475.56% 686 Q Livingston Road (CR 881) north of Radio Road (CR 856l 12,136 16,466 19,083 15.89% 687 Q \.ivingston Road (CR 881) south of Golden Gate Pkwy (CR 886) 14.578 23,314 27,696 18.79% 690 Q Livinston Rd (CR 88t) 1.5 m north of Golden Gate Pkwy (CR 885) 5.192 20,947 29,759 42.07% 587 Q Logan Blvd north of Pine Ridge Rd (CR 896) 10.656 11,358 13,147 11,683 10,094 .13.60% 588 Q Logan Blvd south of Pine Ridge Rd (CR 896) 31,065 31,182 34.207 29,278 29,523 0.84% 654 Q Logan Blvd south ofVal1derbilt Beach Ext,(CR 862} 8,594 9,370 10,964 9,682 8,147 -15.85% 664 Q Main 51 (SR 29) west of South tst St (CR 846) 12,835 13.351 12.944 13,451 '13,627\ 1.31% 658 A Manatee Rd east of Collier Blvd (CR 951) OISC DISC DISC DISC 0 0.00'/0 723 S Manatee Rd east of Collier Blvd (CR 951) 4,255 4,568 4.802 4,310 4,786 11.03% 612 0 New Markel Rd (SR 29A) east of North 15th Sl (SR 29) 7,414 7.875 7,763 8,137 8,633 6.09% 550 Q New Market Rd (SR 29A) south of 8roward 51 7,835 8,259 7.968 7,576 8,405 10.95% collier County Average Daily Traffic (ADT) Counts (Five Year History & Listed Alphabetically) Agenda Item No. se October 24, 2006 Page 144 of 273 ~ ~~.I ::! ;! i '1' \ \ I I , I , \ 1 ,. I . '" 4/6;2005 Page 3.8 of 22 Collier County Average Daily Traffic (ADT) Counts (Five Year History & Listed Alphabetically) Agenda Item No. se October 24,2006 Page 145 of 273 Sta. T' Location 2000 ADT 2001 ADT 2002 ADT 2003 ADT 2004 ADT IChange Q3 04 657 Q Collier Blvd (CR 951) south of lely Cultural Blvd 21,919 25,349 25,016 26,284 29,3651 11.72% 603 a Collier 81vd (CR 951) south of RaUlesnake Ham Rd (CR 864) 24,247 26,5B3 27,713 27,928 31,462 12.65% 557 Q Collier Blvd (CR 951) soulh of US 41 (SR 90) (Tamiami Trail) 29,346 33,422 34.288 34,132 35,556 4.17% 555 Q Collier Blvd (SR 951) east of Bald Eagle Dr (CR 953) 16.504 19.446 18.995 18,914 20,627 9.06% 624 Q CoUier Blvd (SR 951) nonh of San Marco Rd (CR 92) 15,775 16,230 17,721 16,656 18,348 10,16% 708 S Collier 81vd (SR 951) north of Winterberry Dr 9,990 12,271 12,464 12,627 13,056 3.40% 627 Q Collier Blvd (SR 951) soulh of Capri Blvd (CR 952) 22,927 25,399 26,386 26,178 27,814 6.25% 556 Q Collier 81vd (SR 951) south of Marco Bridge (Jolley Bridge) 22,422 25,689 26,493 26,271 27.,743 5.60% 716 S Collier 81vd (SR (51) south of San Marco Rd (CR 92) 15,951 16.311 17,335 17 ,951 18,885 5.20% 710 S Collior Blvd (SR 951) south of Winterberry Dr 10,655 10,192 10,818 11,160 11,035 -1.12% 623 Q Collier Blvd (SR 951) west of Bald Eagle Or (CR 953) 18,1231 19,958 22.664 21,281 23,519 10.52% 520 Q County Barn Rd north of Ralticsnake Ham Rd (CR 864 ) 10,644 10,968 11,266 11,354 11,474 1.05% 641 A County Barn Rd south of CC R&B Facility 16,171 17.\06 14.954 15,005 0 -100.00'10 519 Q County Barn Rd soulh of Davis Blvd (SR 84) 14,005 13,775 13.863 14,124 13,837 .2.03% 559 Q Davis Blvd (SR 84) east of Airport Rd (CR 31) 27,112 30.590 31.084 30,183 30,798 2.04% 558 Q Davis 81vd (SR 84) west or Airport Rd (CR 31) I 2!l,532 33,665 33,104 32,686 33,942 3.84% 601 Q Davis Blvd (SR 84) west of Collier Blvd (CR 951) 21,058 22.830 22.726 22,920 25,969 13.31% 560 Q Davis Blvd (sri 84) west of R<Jdio Rd (CR 856) 11.763 i3,747 14,122 14,200 14,965 5.39% 538 Q Davis Blvd (SR 84) west of Santa Barbara Blvd 27,321 31,917 31.000 30,789 32,S 61 5.75% 638 A Desolo Blvd north of Golden Gale Blvd (CR 876) 929 846 1,180 1,365 1,585 16,12% 639 A Desoto Blvd south of Golden Gate Glvd (CR 876) 027 1,854 1,139 1,522 2,039 33.97% 704 S Elkcam Circle east of Bald Eagle Or (CR 953) 8.173 8,188 8.375 7,756 6,940 -10.53% 705 S ElkcGlm Circle west of Bald Eagle Dr (CR 953) 3,7011 4,632 4,313 4,346 4,586 7.82% f-- S"IEvergiGldeS 81vo norlh of Golden Gate Blvd (CH !:l'(6) --- 635 3,166 3.57(; 4.448 5,817 6,520 12.08% 635 S Everglades Blvd north of Oil Well Rd (CR 858) 1,882 2,585 3.105 3,974 5,328 34,06% 637 S Everglades Blvd south of Golden Gate Blvd (CR 676) 3,242 3,6491 4.294 4,946 5,672 14.68% 549 Q First SI south (CR 846) south of Main St (SR 29) 11,687 11,943 12,855 12,945 12,866 -0.60% 531 Q Golden Gale BlvO (CR (76) easl of Collier Blvd (CR 951) 17 ,0 54 20,156 20,307 25,368 27,606 8.82% 652 Q Golden Gate 81vd (CR 876) CGlst of Wilson Bivd l' ,067 12.1751 12.4 7 4 15,801 17,190 8]9% 653 A Golden Gale 81vd (CR 876) west of ',3 SI NW DISC. DISC! DISC DISC 01 0.00% 678 Q Golden Gate Blvd (CR 876) west of Wilson Blvd 13.706 14.566 16,805 20,667 ! 23,255 12.52% 508 Q Golden Gate Pkwy (CR 886) eaSI of Airport Rd (CR 31) 28,022 30,027 30,335 28,877 29,836 3,32c/~ 691 Q !Goldel1 Gate Pkwy (CR 886) east of Livingston Road (CR 881) 31.140 28,850 0 .100.00% 605 Q Golden Gate Pkwy (CR B86) east of Santa Barbara Blvd 26,988 29.870 30,785 3 i ,042 29,124 .6.18% 507 Q Golden Gate Pkwy (CR 886) west of Airport Rd (CR 31) 43,0621 45,172 44,288 44,592 45,594 2.25~. 510 0 Golden Gate Pkwy (CR 886) west of Collier Blvd (CR 951) 16,851 18,377 18,467 18.640 19,145 2.71% 5301 Q Golden Gate Pkwy (CR 886) west of Goodlelte Rd (CR 851) 25,993 22,441 i 22,112 23. i 19 21,6771 .6.24% 509 Q Golden Gale Pkwy (CR 886) west of Santa Barbara Blvd 27.818 39,391 31.604 29,194 0 -100.00% 5051 Q Goodlelle Rd (CR 851) north of 2211d Ave north 33.444 36,724 35.368 33,093 31,414 -5,08% 1595- Q jGoodlette Rd (CR 851) north of Orange Blossom Or 19,120 22,349 20,522 0 01 0.00% 581" Q !GDodlette Rd (CR 851) north of Pifle Ridge Rd (CR 896) 20,957 25,207 22,055 0 0 0.00% 569 Q IGoodletle Rd (CR 851) soulh of First Ave soulh 24,800 28,989 27.7 76 28,B24 29,084[ 0.90% lor Page 3 - 8 of 22 4f6f2005 Collier County Average Daily Traffic (ADT) Counts (Five Year History Listed Alphabetically) Agenda Item No. se October 24, 2006 Page 146 of 273 Sta. A* T* Location 2001 2002 2003 2004 2005 Change ADT ADT ACT ACT ADT 04-05 613 H Q 111lh Ave North east of Vanderbilt Dr (CR 901) 8,347 8,493 8,383 9,292 0 585 H Q 111th Ave North west of Vanderbilt Dr (CR 901) 5,437 4,593 4,774 5,500 0 665 A 29 SR north of Farm Worker's Vil1aae 9,704 9,919 9,940 10,131 9,875 -2.53% 591 A 29 SR north of SR 82 7,090 7,601 7,540 8,117 8,335 2.69% 615 A 29 SR north of US 41 (SR 901 (Tamiami Trail E.) 3,025 3,072 3,198 2,591 2,620 1.12% 582 A 29 SR south of US 41 (SR 90) 4,116 3,940 3,679 3,419 3,177 -7.08% 661 A 82 SR west of SR 29 9,632 11,624 11,144 11 ,225 11,531 2.73% 619 Q 846 <oevil's Garden Rd) east of SR 29 3,502 4,242 3,317 3,269 2,853 -12.72% 553 H Q Airoort Rd fCR 31) north of Davis Blvd (SR 84) 47,224 45,883 47,870 50,029 0 501 C Q Airoort Rd (CR 31) north of Golden Gate Pkwy. fCR 886) 50,825 50,748 43,412 42,784 0 693 Q Airoort Rd (CR 31) north of North Road 52,148 55,416 53,860 54,560 1.30% 599 Q Airoort Rd (CR 31) north of Oranae Blossom Dr 48,731 45,664 48,896 46,144 39,444 -14.52% 503 H Q Airport Rd (CR 31) north of Pine RidQe Rd (CR 896) 46,610 44,288 49,634 46,179 0 543 H Q Airoort Rd (CR 31\ north of US 41 (SR 45l(Tamiami Trail) 27,978 27,572 27,919 29,607 0 659 Q Airport Rd (CR 31) north of Vanderbilt Beach Ext (CR 862) 36,183 34,986 35,742 36,331 31,088 -14.43% 552 Q Airoort Rd {CR 31\ south of Davis Blvd (SR 84) 37,914 36,031 37,000 37,895 36,943 -2.51% 533 C Q Alroort Rd (CR 31\ south of Golden Gate Pkwv ICR 886) 58,426 55,412 50,809 53,637 0 554 H Q Airoort Rd (eR 31) south of Immokalee Rd (CR 846) 32,588 31.899 32,518 33,601 0 502 H Q Airoort Rd fCR 311 south of Pine Ridae Rd (CR 896) 51,231 49,877 46,331 46,970 0 521 Q Bayshore Dr north of Week Ave 16,626 16,352 15,377 14,636 14,271 -2.49% 626 A Camp Keais Rd south of Immokalee Rd (CR 846) 2,240 3.089 3,267 3,027 3,854 27.32% 660 A CaDri Blvd west of Collier Blvd (SR 9511 4,652 5,135 4,250 4,276 4,780 11.79% 610 Q Carson Rd north of Lake Trafford Rd (CR 890) 5,688 5,656 5,703 5,927 5,472 .7.68% 618 A Chokoloskee Causewav south of Plantation Parkwav 2,354 2,173 2,209 2,172 2,075 -4.47% 573 Q Collier Blvd (CR 951) north of Davis Blvd (SR 84) 45,100 45,475 46,582 53,866 56,180 4.30% 584 H Q Collier Blvd (CR 951) north of Golden Gate Blvd 16,827 18,042 18,538 18,518 0 525 Q Collier Blvd (CR 951) north of Golden Gate Pkwv (CR 886) 25,945 26,518 27,409 29,570 31,943 8.03% 536 Q Collier Blvd (CR 951) north of Pine Ridqe Rd (CR 896) 28,007 31,031 33,549 35,421 37,304 5.32% 602 Q Collier Blvd (CR 951) north of Rattlesnake Ham Rd (CR 864) 29,939 30,288 31,626 33,926 38,709 14.10% 532 Q Collier Blvd (CR 951) north of US 41 (SR 90) (Tamiami Trail} 21,077 22,828 23,920 21,918 23,061 5.22% 607 Q Collier Blvd (CR 951) south of Golden Gate Pkwv (CR 886) 28,115 22,415 23,232 25,815 29,160 12.96% 655 Q Collier Blvd (CR 951) south of Immokalee Rd (CR 846) 14,149 19,125 19,484 21,796 21 ,792 .0.02% 657 Q Collier Blvd (CR 951) south of Lelv Cultural Blvd 25,349 25,016 26,284 29,365 32,477 10.60% 603 Q Collier Blvd (CR 951) south of Rattlesnake Ham Rd (CR 864) 26,583 27,713 27,928 31,462 34,013 8.11% 557 H Q Collier Blvd (CR 951) south of U5 41 (SR 90) (Tamiami Trail) 33,422 34,288 34,132 35,556 0 627 Q Collier Blvd (5R 951) south of Capri Blvd (CR 952) 25.399 26,386 26,178 27.814 28,598 2.82% 520 Q County Barn Rd north of Rattlesnake Ham Rd (CR 864 ) (County Facility 10,968 11,266 11,354 11,474 9,679 -15.64% Road Maintenance Facility moved to Davis Blvd.) 641 A County Barn Rd south of CC R&B Facility 17,106 14,954 15,005 0 13,777 519 Q Countv Barn Rd south of Davis Blvd (SR 84) 13,775 13,863 14,124 13,837 13.256 .4.20% 559 Q Davis Blvd (SR 84) east of Airport Rd (CR 31) 30,590 31,084 30,183 30,798 32,083 4.17% 558 Q Davis Blvd (SR 84) west of Airoort Rd (CR 31) 33,665 33,104 32,686 33,942 36,444 7.37% 601 C Q Davis Blvd (SR 84) west of Collier Bivd (eR 951) 22,830 22,726 22,920 25.969 0 560 Q Davis Blvd (SR 84) west of Radio Rd (CR 856) 13.747 14,122 14,200 14,965 16,4 75 10.09% 538 Q Davis Blvd (SR 84) west of Santa Barbara Blvd 31.917 31,000 30,789 32.561 34,781 6.82% 638 A Desoto Blvd north of Golden Gate Blvd (CR 876) 846 1,180 1,365 1,585 2,254 42.21% 639 A Desoto Blvd south of Golden Gate Blvd (CR 876) 1,854 1,139 1,522 2,039 2,324 13.98% 636 S Everolades Blvd north of Golden Gate Blvd (CR 876) 3,576 4,448 5,817 6,520 8,108 24.36% 635 S Everalades Blvd north of Oil Well Rd (CR 858) 2,585 3,105 3,974 5,328 6,491 21.83% 637 S Everqlades Blvd south of Golden Gate Blvd (CR 876) 3,649 4,294 4,946 5,672 5,878 3.63% 549 Q First 5t south (CR 846) south of Main 5t (SR 29) 11,943 12,855 12,945 12,866 13,782 7.12% 531 H Q Golden Gate Blvd (CR 876) east of Collier Blvd (CR 951) 20,156 20,307 25,368 27,606 0 652 Q Golden Gate Blvd (CR 876) east of Wilson Blvd 12,175 12,474 15,801 17,190 19,665 14.40% 678 Q Golden Gate Blvd (CR 876) west of Wilson Blvd 14,566 16,805 20,667 23,255 27,340 17 .57% 508 C Q Golden Gate Pkwy (CR 886) east of Airport Rd (CR 31) 30.027 30,335 28,877 29,836 0 691 C/H Q Golden Gate Pkwv (CR 886) east of livinaston Road (CR 881) 31.140 28,860 0 0 605 Q Golden Gate PkWVICR 886) east of Santa Barbara Blvd 29,870 30,785 31,042 29,124 29,669 1.87% 507 Q Golden Gate Pkwv (CR 886) west of Airport Rd (CR 31) 45,172 44,288 44,592 45,594 44,751 ..1.8570 510 Q Golden Gate Pkwv (eR 886) west of Collier Blvd (CR 951) 18,377 18,467 18,640 19,145 20,501 7.09% 530 Q Golden Gate Pkwv (CR 886) west of Goodlette Rd (CR 851) 22,441 22,112 23,119 21,677 21,942 1.22% Pages 3-7 of 14 March,2006] Collier County A verage Daily Traffic (ADT) Counts (Five Year History Listed Alphabetically) Agenda Item No. se October 24,2006 Page 147 of 273 5ta. A* T* Location 2001 2002 2003 2004 2005 Change ADT ADT ADT ADT ADT 04-05 509 C Q Golden Gate Pkwv (CR 886) west of Santa Barbara Blvd 39,391 31,604 29,194 0 0 505 H Q Goodlette Rd (CR 851) north of 22nd Ave north 36,724 35,368 33,093 31,414 0 595 Q Goodletle Rd (CR 851) north of Orange Blossom Dr 22,349 20,522 0 0 17,302 581 C Q Goodletle Rd (CR 851) north of Pine RidQe Rd (CR 896) 25,207 22,055 0 0 0 569 Q Goodletle Rd (CR 851) south of First Ave south 28.989 27,776 28,824 29,084 29,288 0.70% 504 Q Goodlette Rd (CR 851) south of Golden Gate Pkwy (CR 886) 38,707 37,364 37,720 38,243 36,207 -5.32% 594 Q Goodletle Rd (CR 851) south of Immokalee Rd (CR 846) 17,368 15,348 12.311 11,806 12,987 10.00% 596 Q Goodletle Rd (CR 851) south of Orange Blossom Dr 24.426 20,193 0 0 21,284 506 Q Goodletle Rd {CR 851} south of Pine RidQe Rd (CR 896) 35,934 33,746 31 .450 29,681 31,521 6.20% 642 Q Green Blvd east of Santa Barbara Blvd 12,153 13,100 13,862 14,261 14,214 -0.33% 643 Q Green Blvd west of Collier Blvd (CR 951) 6,946 7,833 7,893 8,582 8,749 1.95% 583 A Gulfshore Dr south of Bavview Dr 6,543 5,961 5.545 5,723 7,245 26.59% 675 C Q Immokalee Rd (846) east of Wilson Blvd 17,913 21.482 23,577 25,970 0 625 Q Immokalee Rd (CR 846) east of Goodlette Rd (CR 851) 37,278 38,702 40,590 45,385 46,620 2.72% 567 C Q Immokalee Rd (CR 846) east of Airport Rd (CR 31) 30,591 39,031 44,916 46,051 0 593 C Q lmmokalee Rd (CR 846) east of Collier Blvd (CR 951) 19,799 22,138 24.231 23,363 0 568 Q Immokalee Rd (CR 846) east of 1-75 (SR 93) 33,077 34,565 38,579 42.933 45.488 5.95% 566 H Q Immokalee Rd (CR 846) east of US 41 (SR 45) (Tamiami Trail) 40,344 37,742 38,985 42,086 0 620 Q Immokalee Rd (CR 846) north of Stockade Rd 8.529 8.848 8,685 8,217 8,422 2.49% 586 H Q lmmokalee Rd (CR 846) south of Oil Well Rd (CR 858) 12,504 14.950 16.537 16.485 0 565 Q Immokalee Rd (CR 846) west of US 41 (CR 45) (Tamiami Trail) 0 17,305 17.481 18,991 19,168 0.93% 656 C Q Immokalee Rd (CR 846) west of Collier Blvd (CR 951) 16,083 21,489 25,787 27,431 0 672 Q Immokalee Road (846) 2 miles east of Everolades Blvd. 5.125 4,733 4,806 5.661 17.78% 684 H Q lmmokalee Road (CR 846 East) 3 miles east of 29 South New Co 1,382 1,434 0 679 C Q Immokalee Road (CR 846) west of 1-75 (SR 93) New Co 39.775 45,345 0 674 C Q Immokalee Road (CR 846) west of Wilson Blvd 17,900 20.460 21.380 21.277 0 677 C Q Immokalee Road East of EverQlades Blvd 5,086 5.224 5.205 0 671 Q Immokalee Road south of Corkscrew Sanctuarv Road 5,492 6,033 5,348 7,193 34.51% 631 Q J & C Blvd west of Airoort Rd (CR 31) 12,157 12,040 11,946 12,131 12,110 -0. 17% 614 A Jane's Scenic Dr west of SR 29 902 1,011 998 705 655 -7.09% 609 Q Lake Trafford Rd (CR B90) west of Carson Rd 6,759 6,547 6,679 6,320 5,887 -6.85% 551 Q lake Trafford Rd (CR 890) west of North 15th St (SR 29) 12.265 12,004 12,280 12,337 12,435 0.79% 690 C Q livinQston Rd (CR 881) 1.5 m north of Golden Gate Pkwy (CR 886) 5.192 20,947 29,759 0 574 Q Livinqston Rd (CR 881) north of Mediterra 11.281 15.086 33.72% 575 C Q Livinqston Rd (CR 881) north of Pine Ridge Rd (CR 896) 16.409 0 597 C Q Livinqston Rd (CR 881) south of Immokalee Rd (CR 846) 0 576 C Q Livinqston Rd (CR 881) south of Vanderbilt Beach Rd (CR 862) 13,935 0 673 Q LivinQston Road (CR 881) north of Immokalee Road (CR 846) 3.230 2,840 16,344 19,090 16.80% 686 Q Livinqston Road (CR 881) north of Radio Road (CR 856) 12,136 16.466 19.083 22,934 20.18% 687 Q Livinqston Road (CR 881) south of Golden Gate Pkwv (CR 886) 14,578 23,314 27,696 33,209 19.91% 587 H Q Loqan Blvd north of Pine Ridqe Rd (CR 896) 11,358 13,147 11,683 10,094 0 588 Q Loqan Blvd south of Pine Ridqe Rd (CR 896) 31.182 34.207 29,278 29,523 29,925 1.36% 654 Q Looan Blvd south of Vanderbilt Beach EXt.(CR 862) 9.370 10.984 9,682 8,147 8,037 -1,35% 664 Q M ai n St {SR 29} west of South 1 st St {CR 846} 13.351 12.944 13,451 13,627 14,327 5.14% 723 S Manatee Rd east of Collier Blvd (eR 951) 4,568 4.802 4.310 4.786 4,661 -2.61% 612 Q New Market Rd (SR 29A) east of North 15th St (SR 29) 7,875 7,763 8,137 8,633 8,384 -2.88% 550 Q New Market Rd (SR 29A) south of Broward St 8,269 7,968 7,576 8.405 6,993 -16.80% 663 .Q North 15th St (SR 29) north of Lake Trafford Rd (CR 890) 10.368 10,087 11.085 11,565 12,265 6.06% 683 H Q North 15th St (SR 29) south of lake Trafford Rd (CR 690) 16,965 16.969 17,574 16,525 0 590 Q North 1 st St north of Main St (SR 29) 8,133 7,408 7,304 7,977 8,551 7.20% 692 Q North Road west of Airoort Road (CR 31) 2,857 2.474 2,916 3,056 4.80% 645 Q Oakes Blvd north of Vanderbilt Beach Rd (CR 862} 11.537 11,822 12,803 13,920 11,401 -18.10% 682 Q Oakes Blvd south of Immokalee Rd (CR 846) 10,954 11,241 11,598 11,953 9,765 -18.30% 725 S Oil Well Rd (CR 858) east of Big Cypress Elem Sch 4.246 5,340 6,692 6,119 6,788 10.93% 649 C/H Q Oil Well Rd (CR 8585) east of Immokalee Rd (eR 846) 0 547 IQ Old US 41 (CR 887) at Lee County Line 12,553 14,750 14.933 16,312 16,490 1.09% 647 Q Oranqe Blossom Dr east of Timberline Dr 8.287 9,348 9,074 9,646 10,876 12.75% 526 Q Pine Ridqe Rd (CR 896) east of Airport Rd (CR 31) 53,113 51,966 51,986 53,913 55,097 2.19% 514 C Q Pine Ridge Rd (CR 896) east of Goodlette Rd (CR 851) 53,993 50,035 50,867 0 0 628 Q Pine Ridqe Rd (CR 896) east of Livingston Rd (eR 881) 47.494 64,248 35.28% Pages 3-7 of 14 March. 2006] Collier County Average Daily Traffic (ADT) Counts (Five Year History Listed Alphabetically) Agenda Item No. se October 24,2006 Page 148 of 273 5ta. A* T* Location 2001 2002 2003 2004 2005 Change ADT ACT ADT ADT ADT 04-05 535 Q Pine Ridae Rd (CR 896) east of Loaan Blvd (Santa Barbara) 18,329 19,517 21.625 23,481 24,892 6.01% 512 Q Pine Ridae Rd (CR 896) east of US 41 (SR 45) ITamiami Tr) 38.562 35.446 43,429 37,603 39,369 4.69% 515 Q Pine Ridae Rd (CR 896) west of Airport Rd (CR 3i) 45,988 44.655 45,664 48,034 50.289 4.69% 600 Q Pine Ridae Rd (CR 896\ west of Loaan Blvd 35,028 37,164 39,563 41,965 44,995 7.22% 634 A Plantation Parkway east of CR 29 627 596 642 730 670 -8.22% 544 Q Radio Rd (CR 856) east of Airoort Rd (CR 31) 24.112 22.527 23.677 25,538 26.989 5.68% 589 Q Radio Rd (CR 856) east of Santa Barbara Blvd 15,321 15.851 15,443 17,599 19,456 10.55% 685 Q Radio Rd (CR 856) west of Davis Blvd (SR 84) 10,218 9,976 10,008 11,435 12.750 11.50% 527 H Q Radio Rd (CR 856) west of Santa Barbara Blvd 34,814 24,261 23,858 25,619 0 688 Q Radio Road (CR 856) east of Livinaston Road (CR 881' 26.163 28,593 32.238 32.996 2.35% 689 Q Radio Road (CR 856) west of Livinaston Road iCR 881) 21,809 22,754 25,778 24.455 -5.13% 651 Q Randall Blvd east of lmmokalee Rd (CR 846) 5,181 6.077 7,135 7,882 9,139 15.95% 534 Q Rattlesnake Ham Rd (CR 864) east of Countv Barn Rd 14.294 15,717 14.537 15.586 14,921 -4.26% 516 Q Rattlesnake Ham Rd ICR 864) east of US 41 (SR 90fTamiami Tr) 15,920 15.682 16,703 17,509 18,408 5.13% 518 Q Rattlesnake Ham Rd (CR 864) west of Collier Blvd (CR 951) 7,841 9,087 10,051 10.876 11 ,456 5.33% 517 Q Rattlesnake Ham Rd (CR 864) west of Countv Barn Rd 14,039 14.078 14,852 15,062 15,710 4.30% 648 S SanctuarY Rd north of Immokalee Rd (CR 846\ 849 644 721 745 890 19.40% 537 Q Santa Barbara Blvd north of Davis Blvd {CR 64} 19,826 20,531 20,111 19,821 19,270 -2.78% 529 Q Santa Barbara Blvd north of Golden Gate Pkwv (CR 866) 27.159 28,692 25,749 24,146 24,030 .0.48% 606 Q Santa Barbara Blvd north of Radio Rd (CR 856) 31.052 27,605 27,194 27,692 28,001 1.12% 528 Q Santa Barbara Blvd south of Golden Gate Pkwv (CR 866) 32,954 30,260 28,914 28,471 28,967 1.74% 511 Q Seaaate Dr west of US 41 (SR 45) fTamiami Trail) 17,127 16,848 16,930 16,200 15,819 -2.35% 720 S Shadowlawn Dr north of Davis Blvd (SR 84) 4,703 4,859 4,472 4.005 3.911 -2.36% 523 Q Shadowlawn Dr south of Davis Blvd (SR 84) 7,920 7,676 6,866 6,854 6,432 -6.15% 546 C Q US 41 (SR 45) at Lee Countv Line 32,787 37,790 38,280 38,251 0 564 H Q US 41 (SR 45) north of Immokalee Rd (CR 846) 0 53,446 53,988 54,468 0 562 H Q US 41 (SR 45) north of Pine Ridae Rd (CR 896) 42,102 48,686 49,715 53,026 0 577 Q US 41 (SR 45) south of 99th Ave North 0 47.581 49,071 53,423 51,118 .4.32% 561 H Q US 41 (SR 45) south of Pine RidQ8 Rd ( CR 896) 55,648 54,635 56,497 57,838 0 563 H Q US 41 (SR 45) south of Vanderbilt Beach Rd (CR 862) 0 44,546 46,390 49,739 0 604 H Q US 41 (SR 90) east of Airport Rd (CR 31) 46,774 45,164 46,908 49,091 0 608 Q US 41 (SR 90) east of Collier Blvd (CR 951) 12.552 12,570 0 12,977 15,010 15.67% 545 C Q US 41 (SR 90) east of Davis Blvd (SR 84) 30,800 33.089 33.594 35,118 0 572 Q US 41 (SR 90) east of Rattlesnake Ham Rd (CR 664) 36,312 36,301 36,199 37.973 40.948 7.84% 616 A US 41 (SR 90) east of SR 29/CR 29 5,032 4.661 5,098 4,113 4,360 6.01% 571 H Q US 41 (SR 90) west of Collier Blvd (SR 951) 26,082 27,069 0 27,758 0 Pages 3-7 of 14 March, 2006] ,'c ;.. 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"0 "0 '0 "0 "E "E E E E '" i:Z ii i:Z 0: <Il co '" C\l '" Q; Q; CD Q; Qj c: ~ Q) Il> ill 'E E 'E EO E "0 "0 "0 '0 '0 I '5 c c c I C C Ol C C c: ~ ~ m ro ~ ro <1l '" ro '" ~ 0: ii 0:: ii }- > > > > > v I() co "- co 0'1 0 .... N a> ~ .... :! !{) t- o 0 a 0 ~ ~ ;::: <C <0 co <0 cr> 0'1 ~ .... .... .... ~ .... .... I oS!. o '" c:i o ~ ...., ~ ...., ~ ~ J:I; 'C ... tll 'C C III en rn 9 C'l c: :;:; QI <ll :E III ~ :E QI C res ...l ~ C ell CJ .. QI a. t:: o C. <:ol ~ ~ ~ U !-< I e QJ ~ "" >. U) ~ ::: ~ 8 Cl) ljJ) S Ci ~ o ,- C; '" u ;> C! .... II V tIl ~ :E Ql c: res ..J >. () =: Q) J,.,. ... :: () =: o U c .~ 3 l.. o 0. II'> =: ~ ... ~ o .... ,... o N '" ~ :!i Q) C; III ...l iii - o l- :g <;:, '" ~ t "" ~ ~ -' Ii' :: ~ 'Iv) t:1- ((4. e L{') ART .PLAN 4.0 Arterial Level of Service 8ased on Chapter 11 of the 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning Office - May 2000 Agenda Item No, 8e October 24, 2006 ...... " 111thAve From: Gulfshore Dr To; US 41 User Notes: Default Study Period: PM PEAK K Factor: 0.092 0 Factor: 0.560 PHF: 0.950 Adj. Sat. Flow Rate: 1,900 Arterial MDT: 11,301 Posted Speed: 35 mph Section Length: 1.52 mi. Area Type: Urbanized Art~rial Class: 2 Signal Type: Semi actuated Peak Direction Maximum Service Volume A B C D E level of Service D MDT N/A NfA 8,800 15,400 15,400 PHV NfA N1A 450 790 790 Arterial Speed 20.3 mph - ~, No Cycle Length Arrival Flow vie Control Int. L1n;; From To MDT PHV Turns Lanes Length glC IIeetl Tome Rate Ratio Del;!v LOS Speed LOS Gul(shore Vanderbilt D 11301 614 ,12. 1,0 120 0.44 274<5 3 568,8 0.68 29,4 C 21.0 0 Vanderbilt D US41 11301 614 r 45 J 1,0 150 0,23 5280 3 355.5 0,81 65.4 E 20,0 D \..../ Off.Peak Direction Level of Service C Maximum service volumes are not Arterial Speed 24.5 mph calculated for the off-peak direction, % No Cycloe L~ngth ^,rival Flow vie Control Int. link From To MDT PHIJ Turns Lnnes Length glC le~ll Type Rate: R:ltio Dela" LOS Spoe~d LOS T I ! I I I T I I I I I l I I T I I I I I I I I I I I US 41 I Vanderollt 0 I 11 301 482 12 1,0 I 120 0.44 52&0 3 446,5 0 53 26.6 C I 26,1 C ~ ! V~(:derbiit D I. Gulfshore I 1130 1 . 482 I 12 11,0 I 120 0.44 2746 3 1446 5] (1 F>3 26,6 C I 22,11 c Printed:12/02l2002 09:22:38 AM ART .PLAN 4.0 Arterial Level of Service Based on Chapter 11 of the 1997 Highway Capacity Man u al Florida Department of Transportation Systems Planning Office - May 2000 Immokalee From: US 41 User Notes: Default K Factor: 0.092 0 Factor: 0.568 PHF: 0.950 To: Airport Rd Study Period: PM PEAK Adj, Sat. Flow Rate: 1,900 Arterial MOT: 41,560 Area Type: Urbanized Posted Speed: 45 mph Section Length: 2.00 mi. Arteri91 Class: 1 Signal Type: Semiactuated Arterial Speed 22.3 mph Maximum Service Volume A B C D , AADT l N/A N/A 14,400 47,800 PHV N/A NfA 750 2,500 No Cycle Length Arrival Flow vie Control E 50,500 2,640 Peak Direction Level of Service D 2_ I From To MDT PHV urns Lanes Length 9 (feet) Tvpe Rate Ralio Delav US 41 Creekside 41560 2172 5,0 3,0 150 0.44 2165 3 2172 0,86 40.4 0 19,0 E Creekside Goodletle 41560 2172 21.0 (,3. 150 0.44 1848 3 1806 0,72 35,1 D 18.8 E Goodlelte Palm River 41560 2172 13,0 3 150 i 044 3696 3 1989 0,79 37.8 D 25,2 0 Palm River I Airport 41560 2172 24,0 ',-(3 150 0.44 2851 4 1738 0,69 29.5 C 24,9 D "~; , - -, ! I % T Ie In!. Link LOS Speed LOS Off-Peak Direction Level of Service D Maximum selVice volumes are not Arterial Speed 25.6 mph calculated (or the off.peak direction. 'f, No Cycle Length Arrival Flow vie Control Int. link from To MDT PHV Tums Lanes Length giG (feet) Type Rate Ratio Delay LOS Speed LOS I I I i I I I Airport I-'<llm Klver 41560 1652 12.0 3 I 120 0,44 2851 3 1530 0.61 26,5 ! C LoA 0 Palm River Goodlette 41560 1652 12,0 3 120 044 3696 3 1530 0,61 26,5 C 29.0 C Goodiette ~reeKS1(je 41560 1652 12.0 3 ,20 0.44 1848 3 1530 0.6i 26,5 C 21.9 0 Creekside US 41 41560 1652 12 3.0 120 044 2165 3 1530 o Fi 1 26,5 C 23,6 i 0 Printed:08/12/2003 01 :59:48 PM :LO JL , I( ART ..PLAN 4.0 Arterial Level of Service Based on Chapter 11 of the 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning Office - May :2000 Agenda Item No, Be October 24,2006 r US 41 From: Vanderbilt Beach To: Immokalee User Notes: Default K Factor: 0.092 0 Factor: 0.530 PHF: 0.950 Study Period: PM PEAK Adj, Sat. Flow Rate: 1,900 Ar.erial MDT: 50,956 Area Type: Urbanized Posted Speed: 45 mph Section Length: 1.50 mi. Arterial Class: 1 Signal Type: Semiactuated Peak Direction Maximum Service Volume A B C D E Level of Service ERR MDT NfA N/A 16,100 45,200 46,400 PHV NfA N/A 780 2,200 2,260 Arterial Speed ** mph . ./. No Cycle 1..ength Arrival Flow vIe Control In!. LInk From To MOT PHV Tums L1nes Length glC rf~t) Tvoe Rate Ratio Oelay LOS Spew LOS VanderBeachR PeijcanMarsh 50956 2620 9 3.0 120 0.46 4013 4 2510 0,95 28,7 C 28.1 C PelicanMarsh 107th Ave 50956 2620 2 3,0 120 0.48 1954 4 2703 0,98 29.8 r. 20.7 E 107th Ave Immokalee 50956 2620 32 3,0 150 0,27 1954 4 1875 1,21 1538 F 7.0 F ~ Off-Peak Direction Level of Service D Maximum service volumes are not Arterial Speed 23.3 mph calculared for the oft-peak direction, ., No Cycle Length Arrival Flow vIe Control In!. Link " Sp.ed From To MDT PHI} Turns Lanes LenClth glC (re,~t) Type Rate Ratio Del~'I 1.0S LOS 1 I I I 1 I I I I I I I I I I I I 1 1 I I Ii I I 1 I 1 II I Immckalee I 1 07ln Avo: I 50956 2323 12 13,0 120 0,44 I 19541 3 2152 085 31,9 C 120.2 E I 1071h A'le I Pellcar,Mars01 I 50956 2323 12 I 3.0 120 OA4 is-54 3 2152 C1 85 31,9 C 20,21 E II I PelicenMarsh 1 Var.derBcechR I 50956 I 2323 , 12~ 120 0.'\1 4--;)i3 3 215? n p,c:; 31,9 C 27.4 C II I , , - Printed :12/02/2002 '11 ;17: 16 AM ::.co 4:: (I 0> ART-PLAN 4.0 Arterial Level of Service Based en Chapter 11 of the 1997 Highway Capacitylvlanual Florida Department of Transportation Systems Planning Office - May 2000 Agenda Item No, Be October 24, 2006 ...... US 41 From: Immokal ee To: Wiggins Pass User Noles: Default K Factor: 0.092 D Factor: 0.530 PHF: 0.950 Study Period: PM PEAK Adj. Sat. Flow Rata: 1,900 Arterial MDT: 56)904 Area Type: Urbanized Posted Si=Jeed: 45 rr,ph Section Length: 1.50 mi. Arterial Class: 1 Signal Type: Semi actuated Peak Direction A Level of Service D MDT N/A PHV N/A Arterial Speed 26.2 mph % No Cycle Maximu'm Service Volume 8 c D E 26,200 1,280 59,400 2,900 62,100 3,030 62,100 3,030 Length Arrival flow vie Control lot. Link Rate Ratio Delay LOS Speed LOS 2863 0,67 0.9 A 37.0 B 2679 0,97 30.4 C 28.1 C 2494 1,01 36.3 D 18.1 E il B From To AADT PHV Turns Lanes Length glC rreet) Tvoe Immokalee Main House 56904 2925 7 3,0 150 0,74 1742 4 Main House Imp Golf Cou 56904 2925 13 3,0 100 0.48 4330 4 Imp Golf Cou Wiggir.s Pass 56904 2925 19 3.0 100 0.43 1843 4 I l Off~Peak Direction Level of Service D Maximum service volumO?s arc not Arierial Speed 22.2 mph calculated for/he oft.peak direcoon, ., No Cycle L~ngth Atrival Flow vie Cor-trol InL Link /, Sp~~d From To AADT PHV Turns Lanes Length g/C (reet) Typ~ Ra~e Ratio Delay LOS LOS - I I I I I I I I I I I I I I I I I I : I 1 I I I I I I I I L-. I I I I I, I I I I I I I I I I I I t I I I ij I \Niggins P<!ss I Imp Golf Cou j 56904 2594 12 f 3,0 I 120 O.~4 I 1e431 :3 2403 0.95 35,2 0 118.6 E I Imp Golf Ccu I f',1~ln Ho'.;se I 56904 2594 12 I 3.C 120 0.44 I C:;G I 3 2403 0 95 35,21 D I 27.0K-i1 I Ivlcin House I Immokale~ I 56904 2594 12 I 3.0 120 0,44 I 17.:2 I 3 ').1031 n 95] 35,2" D I i8,0 E I -- --- Printed:12/02/2002 11 :14:56 AM fo{/V Agenda l\eMo, 8~ Octob~ ~ .t' ..,...,.,.. ART .PLAN 4.0 Arterial Level of Service Based on Chapter 11 of the 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning Office - May 2000 Goodlette Frank Rd From: Vanderbilt Beach To: Immokalee User Notes: Default K Factor: 0.092 0 Factor: 0.610 PHF: 0.950 Study Period: PM PEAK Adj. Sat. Flow Rate: 1,900 Arterial MDT: 15,500 Area Type: Urbanized Posted Speed: 45 mph Section Length: 1.60 mi. Arterial Class: 1 Signal Type: Semiactuated Peak Direction Maximum Service Volume A B C D E Level of Service C MDT NfA 12,300 16,900 16,900 16,900 PHV NfA 690 950 950 950 Arteria! Speed 31.6 mph % No Cycle Length Arrival Flow v'e Control In\. Link From To MDT PHV Turns Lanes Le"glh glC (feet) Ty~_ Rate Ratio Delay LOS Speed LOS Vanderbilt B Immo~alee 15446 867 12.0 1 120 0.44 8448 3 803.1 0,96 39.5 0 31,6 C - Off-Peak Direction Level of Service B Maximum service volumes are not Arterial Speed 35.0 mph calculated for the off-peak direction. '10 No Cycle Length Arrival Flow vie Control Int, Link From To MOT PHV Turns Lanes Length glC Ifeet) Type Rate Ratio Delay LOS Speed LOS Immokalee Vanderbilt B 15446 554 12,0 1 120 0.44 8448 3 513.2 o R1 2B,3 C 35,0 B Printed :08/11/2003 04: 14:56 PM Agenda Item No, 8e October 24, 2006 Page 157 of 273 APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date: 11/21/2005 Time: 9:30am Location: Collier Countv Planning Conference Room (Trans. Ops.) SMD Suite People Attending: Name, Organization, and Telephone Numbers 1) Reed Jarvi, P,E.-Vanasse & Davlor, LLP 437-4601 2) Nick Casalanquida-CC Transportation Studv Preparer: Preparer's Name and Title: Reed Jarvi, Vice President Organization: Vanasse & Daylor, LLP Address & Telephone Number: 12730 New Brittanv Blvd, Suite 600 FOlt Myers, FL 33907 (239) 437-4601 Reviewer(s): Reviewer's Name & Title: Nick Casalanquida Collier County Transportation Operations and Plan Review Department Reviewer's Name & Title: Organization & Telephone Number: _ Applicant: Applicant's Name: Mr. Dave Borden, Ban'on Collier Company Address: 2600 Golden Gate Parkway, Naples FL 34105 Telephone Number: via fax 239-8017 Proposed Development: Name: Naples Daily News Location: Southwest corner ofImmokalee Rd & Creekside Way intersection Land Use Type: Light Industrial ITE Code #: LU 110 Proposed gross floor area: 400,000 SF LV 110. Use Highest & Best Use of Property Oth er: Description: This project is within the boundaries of the Northwest TCMA and is therefore potentially subject to a proportionate share fee of up to 15% of the Road Impact Fees and TDM strategies. Need to identify potential offsite non-site related traffic improvement projects on which to use the proportionate share fee. t, iP..,~);::.i';~C~?~:~ O:;~13Si 'fro!,';, ',:'ia~-! i,'t.; :'1,;1, '~:~'., :'\;" Agenda Item No, 8e October 24, 2006 Page 158 of 273 Zoning Existing: Planned Unit Development (PUD) Comprehensive plan recommendation: Urban Requested: Planned Unit Development (PUD) Findings of the Preliminary Study: Trip Generation: The site is proiected to generate 49 entering and 360 exiting PM Peak new trips. Study Tvpe: Complete ~ o Traffic operations o None Study Area: Boundaries: US 41. Goodlette-Frank Rd. 1mmokalee Rd. Creekside Way (Exhibit 1). Additional intersections to be analyzed: US 41 & lmmokalee Rd. Goodlette-Frank Rd & Immokalee Rd (Exhibit 2) Horizon Year(s): 2008 Analysis Time Period(s): Weekday PM Future Off-Site Developments: Nt A Source of Trip Generation Rates: Institute of Transportation Engineers (ITE) Trip Generation (7th Edition) Reductions in Trip Generation Rates: None: Nt A Pass-by trips: Institute of Transportation Engineers (IT E) Trip Generation Handbook. 2nd Edition. June 2004. Internal trips (PUD): Institute of Transportation Engineers (ITE) Trip Generation Handbook. 2nd Edition. June 2004. Transit use: NJA Other: N! A Horizon Year Roadwav Network Improvements Committed: Immokalee Rd SIX- laning from US 41 to 1-75 Methodolof!Y & Assumptions: Non-site traffic estimates: N/A Site-trip generation: ITE TriP Gen~on (71h Edition) Trip distribution method: Manual method per attractors/generators in the area. Traffic assignment method: manual Traffic growth rate: Traffic Count Segment Proiections ! :, n;:; ;t.,~t';~_fJ ,}Y,J: :;; ~ S'i Tm.'I;~)30tJ '.i I.?~'';!, ;;\ ''';'J _ ri ~~~' . ' Agenda Item No. Be October 24, 2006 Page 159 of 273 Special Features: (from preliminary study or prior experience) Accidents locations: N/ A Sight distance: Adequate Queuing: N/ A Access location & configuration: One full movement access point onto Creekside Way Traffic control: Unsignalized, however, the lmmokalee Road/Creekside Way intersection is Signalized. Signal system location & progression needs: NI A On-site parking needs: Adequate Data Sources: Collier Co Traffic Counts and Florida Transportation Engineering, Inc. (FTE) Traffic Counts Base maps: Roadway Network Prior study reports: NI A Access policy and jurisdiction: Collier Co Review process: PUD Requirements: Miscellaneous: N/A ---------------------------------------------------~----------- ---------------~----------------------------------------------- SIGNATURES Study Preparer Reviewers Applicant ! ';C'(:':,'C!;.:C'.';;':J:;-;!:;S; i Iii!;":':; 3':J;]j;;!, :')!'!/~;l ,',_~~, ~ : :~3PM ' _ ,Agenda It~rn No, 8e i,/';"",' . .' .~ ~..\ iJ :;: ,!::: ' ~,~ : : Odobe!r:24, 2006 Page 160 of 273 Florida Transportation Engineering, Inc, 8250 Pascal Drive, Suite 101 Counter: 2084/2131 Punta Garda, FL 33950 File ~3ffiC : GFR@lmm CounleU By' TavilK.enny PM (941) 639 2818, Fttx# (941) 6394851 Site Code : 0000113 t Weather" Good S\llJ"lDa\~ : 12!11!2003 Other~ 103014-33 Pag.e NO ' I Goodlene Fn\nk Road Gro'\lps Pri,Q!;~d.:- Cars, Trocks & Peds ..u__. I lmmoka1cc: Road i Goodlettc Frank Road ImmoKalcc Road Southbound Westbound I NOl'thbol,lnd Eastboulld I I St<lrt Time i Right I. ~I \ Coft \:""-l~d T1""! Left l I I--~-~"-'I I ";r:1' Lel'L'1 l'W~l PedS! Right I T1lru I Lell PtdS Right! I I 07:00 2 2 9 (l ) 2. 220 55 0 14 10 23 01 26 136 n 0 07:J5 13 6 9 0, 20 253 69 0 13 12 42 0' 40 )21 15 4 07:30 19 6 14 0\ 26 316 73 1 R ... ?.l 01 29 163 20 0: , 07:45 14 3 16 ,0 i.. 38 367 H9 O. 21\ 23 ~O Oi 37 197 41 Oi Total 48 17 "4&' (Ii 96""ilSC, 286 " ) i 55 52 136 01 1 ~') 617 89, 4 .:l_ 08:00 17 7 17 ~\ 32 424 110 0' 2A- 17 44 0\ 24 172 31 1 ' 920 08~ 15 14 4 15 44 369 71 n I 45 12 4t{ ~ \ :11 216 33 O. 902 08:30 23 15 13 2R 354 6~ 38 II SO 'J:' 216 26 0' 876 0 vJ Oil:45 17 g 16 30 422 44 0 49 18 61 0, 28, 252 ' 30 ,., oi 975 Tt1tlll 71 34 61 01 l?>4 1569 293 0 156 58 -2()3'" , "-j \ 1 1(; gS6 no 1 I 3673 ....'" BREAK H" 1(,:(10 32 18 46 0' 17 331 44 01 76 13 71 0' 54 379 IS 0: 1096 16:15 17 10 18 0\ 17 374 50 01 (>4 5 67 0\ 31 3X1 S lI' 11l3<) I 16;30 10 13 28 0 14 325 4(1 (I' H4 2 60 Oi 45 359 S V' <;85 16:45 20 II 36 () 10 327 44 01 83 5 67 01 40 :\70 9 0: 1022 --Total -.'79 52 12'~--~ -- () 5!l. 1:'>~7 178 01 307 - 25 265 01 \70 1489 34 0, 4142 \7:00 13 14 45 01 14 300 67 ~\ 91 2 70 0\ 36 .~74 11 o~ )043 17; 15 4 5 24 ~I 9 332 :Ill x~ 10 :S\ ) I 108 338 7 \ i 1017 17:30 11 12 20 \ S :Ill:( 43 01 ~9 5 69 6 60 370 S I; 1024 \7:45 10 12 12 01 7 323 46 0: 103 '7 52 2 \ 49 395 3 0: 1021 'f'~lni'-.'" ~l:\ 43 101 01 45 1273 194 01 378 24 242 9\ 253 1477 '26 2; 4105 Gr~nd Total 236 146 338 ().~ \ 333 5355 ':151 O,~ I 1:96 \5') ~46 loi 671 4-1'39 269 O,~ \ 1/.057 Apprch % 32.8 20,3 4(',9 S.O flO.D 14.3 46,9 8.3 44,3 0,5 \ 12.5 82.4 5,0 Total % l() 1 () 23 0,0 23 365 6.5 00 61 1 1 58 o l, 4.6 303 18 00 Goodlette Frank Road I 1roml.'ka1cc Road ! GoodlcttcFiankRoad I mmoka1cc Road~ J,o.ll,thP,o.und i :w..c.s.tb.o)J.ru:l...--.-J~OJ.tb})f)Jl')rl E%t\;J,Q).It:1.ci Righ Thrv I Left I App, i Righ Thru .L ,~~ft ,\ App, I Righ \ Tb'11 1 i 1'\ i L ft: App.' 1m, I SIOJ"l Time t. Left i llui e: T' l' T' I' ! Total, ,t Totol: t i ,I I .___~ __, ~ ...L_. ~ o~'~_""_ _, _.,:!_l..~_ i Peak Hour From 07:00 (0 08:45 . Peak I of 1 3;<-08"0'0 Ci87(j(i Approoc1.\ o ume 106 i )34 156 2 Percent : 6.7 736 147 I 37.4 139 784 High In!. ! 0800 ,OS045 Volume 15 13 51\ 32 424 110 5661 4':1 n: 61 \n 252 }O ~,10 \ Pcok Factor o X14" 0882 \ OS 14 0881 i 17'00 ! )7'00 1:2.& 259 ! 5X 1357 In 15')3 i :m 24 242 644 253 1477 26 1756\ 4':1.4 H 852 112 1 58,7 37 376 14.4 34 J 15 16-15 17'00 11715 18 374 1 1(;9\ lOP. 338 453 46 96 17 50 441 : 97 2. 70 7 o 6i4 0.903. o 9S.~ 0%':1 Agenda Item No, 8e ....,.. ::, ~(\~):~ i ~. : ~I SP?(\ .' _ . , _ OctQber 24, 2006 t..-;;..' I:.' fi ,).~ 'j ):; Page 161 of 273 Florida Transportation Engineering, Inc, 8250 Pascal Drive, Suite 101 Counter: 2073/2139 Punta Gorda, FL 33950 file Name : US 41@puuno Counted By' Jerumctrr.1vis Ph# (941) 639281 g, Fax# (941) 639 4851 Site Code : 00002073 Weather. Good Start Date : 12/912003 Other' 103014-33 Page No ' 1 GrOll s Printed- 1 ' C~, Tnlck; & Peds i US 41 lmmokalce Road I US4) Inunokalee RDad i __,_~~~~2.~nd Westbound Nor1hbouml Eastbound i ~n: ! .'~~ft I 1nt.! L,~~,!,~1~1 Rjgl~tt.~hru I I I I ! , Peds Right Left! Peds; Ril1ht i Thru i Left i Peds 1 I - I I 'roUll, ."__"'_" l........ 990- (>7;nO 7 :;lJ 61 9S 21 28 21 0: III 43 22 ~I 07:15 20 382 75 101 1\ 3R 20 01 15 49 23 1151 07:30 2'/ 499 115 In ul 38 39 0, II 59 36 ' O. 1571 07:45 28 553 102 ., ~~~~-*1~~ -w~ '-I ~}--~ 24 70 33 0: HiC}6 Toml ., "'h 1747 353 68 221 114 ()'j -.. 540~ 08:00 42 533 160 il 1 182 \(;3 2X4 01 47 200 36 01 31 72 42 0: 1793 I 08:15 37 469 230 187 74 210 o SO 231 29 01 52 10[ 45 o i 17l.5 08:30 21 4RO 25g 01 201 14S 253 o 65 219 38 o i 35 65 50 0 11<;30 08:45 32 349 252 o! 199 13J..,... 255 51 38 194 52 oj 26 87 38 0 1658 Total 132 1831 900 1 ! ?G9 513 1002 . '.51"200 844 155 01 l44 325 175 01 6996 "u BP-.EAK ....." 16:00 20 344 240 ~ I 201 142 135 b I 911 444 6{) 0 22 102 53 o! 1870 I 16:15 24 397 272 188 171 173 82 343 <:19 0 2S III 66 0' 1904 16:30 35 362 272 ~ I 27..7 :84 i57 0, St 362 67 0 41 107 39 01 ]935 16:45 39 3117 227 184 117 146 01 89 395 51 O! 40 129 (,3 O! 1X67 Total ----J 1 is 1490 I all 01 800 61,1 611 0' 351 1544 227 o j-'131' 449 221 "-if 1 7576 . I 17:00 46 324 215 OJ 198 l78 \61 0: /3 36i 67 0\ 60 IS] 75 01 1909 17:15 49 413 309 01 224 l02 176 0 107 454 :L_~ 31 102 66 0, 21/5 17:30 30 307 7.32 0' 194 1.92 179 0 90 388 20 94 52 0: 1907 17:45 21 389 2S2 01 218 169 178 0 81 399 21 1)5 (,0 0; 1962 TQUll 146 1493 1038 01 334 72] 694 '01'''35'1 lW2 247 0 I 132 4'12 253 Oi 7953 Grand TOlal 478 6561 3611 2 I 301~ 2201 2853 11 i 1060 4708 745 0' 475 1437 763 01 27933 Appl'ch % 4.5 61.6 :13,9 O,{) 37,3 27.2 35.3 I 16.3 72,3 11.4 I 17.8 537 28,$ (),O I 0.3 i 0,0 i '{'oml % 1 7 235 J29 00 J08 79 \02 01, 38 169 27 00 i 17 51 27 O() US 41 '-1 r;:;;illokalcc Road I US41 I Immokalee Road ; '"l- S,o)Jthbouud ~esili.Q>l(ld ~M,t;t\1b.9,lJ,'i',c,l L:.~i!..h.9}2.n(,-----L , ! Rrlth i I Lcf1 ! App,! Righ I ~1 I L it I _d. -I"',' , Left ! - ~~'rgl\ i , Lei'! ! ^pp, ! Int. : TIuul !\pp, I Rq~h I 1:\(u I Thru! i Stllrt TJme ". T II 1lJ1l1 e, Total! I, 1 T()t~l i TN.:II! t, Otl) : _ [I ...__..,__ I , Total t, i I Pc:\k Hcmr From 07:00 to 08:45 . Peak 1 of I B.Y-OT4) i 0'8"'0'0 , _--L.. _. _'_"._"md A . i 0'7':'4'5 : 08'00 Volume 12l\ 2035 873 3036 769 513 1002. 2284 i 216 &50 139 120.5 ! 144 325 175 M4 cn,;ent 4,2 670 238 33,7 225 439 117,9 70,S II S 22.4 50S 272 I High bt. 07:4 5 Og,OO ()~U{l 108:15 I Volume 28 553 225 806 1l\2 16:> 284 6291 65 219 38 322 52 IOl 45 198 : Peak FaCEOJ' O'N2 0.908 : 0936 0813 ; P,;ak He>ur Fl\)m 16'00 to 17'45. Peak 1 of 1 By 1630 117'00 i J 6'45 AD roach , Volum~ 1<19 14gb 1023 21in' ~34 72) 694 2249 : 359 1598 249 2206 l'ercen t 6.3 55.5 382 37.1 321 309 16.3 724 ! 1 :; High In!. 17' 15 17'15 , 1/'15 Volume 49 413 309 77J 224 '182 )76 5/(2 : J07 454 62 62:; :51 75 236 Peak FactDr 08(,8 U9(,6 0885 0,795 Agenda Item No, 8e October 24,2006 Page 162 of 273 co 0 0 <X> <X> ~ ~ ~ co 0 8 UJ 0 '" <X> '" co ~ VI N ,.; co 0 0 '" Z ex> 0 '" <:0 c:: ~ 0 co ~ 0 ~ r-- "" r-- "" r-- Iii ~ ~ 0 0 N Vl "" '" ~ M <X> '" '" ....J ~ ~ co 0 0 ~ '" N N III c:: ~ ~ 0 0 41 co ~ .... VI VI i:l E Ul ... l3 ::3 c:: '0 Q) (\) > l- ~ ~ 0 0 "(ij co VI ... ... '" ~ .r:. UJ Vl co ... N 0 u E ~ .E 0 I.. ....J ~ ~~ 0 ell Q. co .... 0 i:l Q. Ul N ..... ... '" ~ 0 c:: c ~ 0 0:: c: ~ 0 <:::> ~ :;:; co '" 0 Vl N c:o u.. U .u 41 ... III ... I.. C1l 41 l- ~ 0 'i5 .... co Vl '" <:::> 0 C Vl Vl .... V) 0 - '" II M ....J ~ 0 <:::> co "" ex> N ..... Vl M <t" Vl 0:: :;) ~ ~ 0 0 ell co '" er- .... "- z Vl ... ... i:l !':f 0 0:: t:;; 0 Q) ~ ~ (\) N .... 0 c; z "- -or 0 M N ~ 0 E ....J ~ ~ .E co 0 0 II o:l N 0 Z "" M "" 0 i= - M - N M <t" LJ'l -.D r-- Cf) c- o N M <t" VI 0 z i= z '" OJ "" " ;: ~ " ;;: <= OJ " C>- o " 6;, '" .>< " u 0 '" u co Agenda Item No, 8e October 24, 2006 Timing Plan: 2<ft"19"~B~003 Naples Daily News Zoning TIS Lanes, Volumes, Timings I: Immokalee Rd & US 41 .,/ + \.. t '- I'" /' .olt- "\ .f --+- "t t~#~'{GW6ti6lfM)id?rM;;ki~~liii;:t~;~iY{:rii;;t;i'E'Bfrit;;,\j:;'I:irEB1iXMWm:EB[(i);W!J,'MlBiJ~0,0~!rWB1fifiMfi;WBftY;;~*;!;'i:(igGPilJ~W!NBT;f{>fr!{::;:NfiJRt.:;iIfi:1li!:s~ii3.;~\il?i~!~,san~'h\fi;ii'SBR Lane Configurations "l ++ ." 'i"l ++ ." "l'i +++ ." "i"i +++ ." Total Lostrime(s) 4.0 4,0 . 4,0 4.0 4.0 4.0...4.0 4.0 ..' 4.04,() 4.0" 4.0 Satd. Flow (prot) 1770 3539 1583 3433 3539 1583 3433 5085 1583 3433 5085 1583 Fit Permitted 0.950 0.950 0.950 0,950 Satd. Flow (perm) 1770 3539 1583 3433 3539 1583 3433 5085 1583 3433 5085 Satd. Flow (R-TOR) 3 122 Volume (vph) 440 150 610 630 730 2070 470 PeakHoor Factor 0,92 0.92 0.92 0.92 0.920.92 Q,92 Lane Group Flow (vph) 478 163 663 685 793 2250 5 II Turnrype pm+ov Prot pm+ov pm+ov Protected Phases 4 5 3 8 I 2 3 Permitted Phases 4 8 2 Total Split (s) 19.0 22.0 26,0 26.0 29.0 46.0 26.0 56.0 26.0 Act EffcfGreen (s) 15.0 18.0 44.0 no 25.0 71.0 22.0 .' 52.0 78,0 Actuatedg/CRatio 0.10 0.12 0,29 0,15 0.17 0047 0.15 0,35 0.52 vfc Rati6 . 1.291,12 0.35 1.32 1.16 1.05 0.69 1,28 0,62. Control Delay 216.0 139.9 43.6 203.5 14304 84.1 68.7 169,1 29,5 Quelle Delay 0.0 0.0 0,0 0.0 0.0 0.0 0.0 0,0 0.0 Total Delay 216,0 139,9 43.6 203,5 143.4 84,1 68.7 169,1 29.5 LOS F F D F F F E F C Approach Delay 141,8 140.0 (34.9 ApproachLCl$ F F F Queue Length 50th (ft) -283 -283 124 -429 -416 -837 169 -1016 Queuel.i:mgth95th eft) #460 #402193 #556 #545 #1094 .225 #U05 Internal Link Dist (ft) 1584 2097 1248 Turn BaYLiangth(ft) 350 190 475 ..' 475 550 Base Capacity (...ph) 177 425 466 504 590 756 504 Starv3.tionCap Reductri 0 0 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 Reduced vlc Ratio 1.29 1.12 0.35 1.32 1.16 1.05 0.69 1583 25 200 0.92 217 1790 0.92 1946 1230 0.92 1337 Prdt. I pr'n+ov 7 6 19,0 91.0 0.6\ 0,2.2 12.4 0.0 12.4 B 6 76.0 72.0 0048 0.80 36.0 0,0. 36,0 D 105.8 F 577 640 1040 46.0 42.0 0.28 1.39 222.5 0.0 222.5 F 81 125 -895 #1033 344 471 675 961 o o o 1,39 900 824 o o o 0.62 970 o o o 0.22 2441 o o o 0.80 1763 o o o 1.28 Cycle Length:.' SO . Actuated Cycle Length: .150 Offset: 0 (0%), Referenced to phase 2:NBT and 6:SBT, Start of Green Control T ype:Pretlr'ned Maximum v/c Ratio: 1.39 Intersection Signal Delay: 126.1 Intersection Capacity Utilization 118.0% Analysis Period (mirl)15 - Volume exceeds capacity, Queue is theoretically infinite, Queue shown is maximum after two cycles. # 95th percentile volume exceeds capacity, Queue may be longer, Queueshowl'lis maximum after two cycles. Intersection LOS: F ICU Level of Service H I: Immokalee Rd & US 41 t 02 S tits and Phases: ~ 01 + ~ 05 06 Synchro 6.0 Report, Page I 1:\Projects\809\80938\ T raffic\SYNC H RO\8093 6 PMBKD _ 02,sy 7 Optimized Timings. Existing Geometry Vanasse & Daylor. LLP Agenda Item No. se October 24, 2006 Lanes. Volumes, Timings Timing Plan: 2<f19gp~B~~ 3: Immokalee Rd & Goodlette-Frank Rd Naples Daily News Zoning TIS ,I- ~ "') f +- '- "\ t ~ \. ~ .; il~W~;Gfd8B(,:)F!\;;i;t!~iMii:iiW!,; ;\"i~;lEBlli';i.{:;; XEBT;iSyg';Ei?'~; iWBLii"WBTi!K,XWBRi8i; ,/NBL .;;fii(NBT~)!:W~;'NBR&fi.f;;i~~:1SBill;;!)!;I;K~SBTi%;M;t*QSBR Lane Confi,gurations "'i +++ '(i "'i +++ '(i "l + 71 "l t+ T ota! Lost Time (Sl 4,0 4,0 4.0 4.0 4,0 4.0 4,0 4,0 4,0 4.0 4,0. 4.0 Satd. Flow ( prot) 1770 5085 1583 1770 5085 1583 1770 1863 1583 1770 1690 0 FIt Permitted 0.950 0.950 0,950 0.950 Saw. Flow (perm) 1770 5085 1583 1770 5085 1583 1770 1863 1583 1770 1690 0 5atd, Flow (RTOR) 330 76 196 44 Volume (vph) 40 2190 450 220 1690 70 300 30 470 130 50 80 Peak Hour Factor 0.92 0,92 0.92 0.92 0,92 0.92 0.92 0.92 0.92 0.92 .0.92 0.92 Lane Group Flow (vph) 43 2380 489 239 1837 76 326 33 51 I 141 141 0 Turn Type Prot Perm Prot Perm' Prot Perm Prot Protected Phases 7 4 3 8 5 2 I 6 Permitted Phases 4 8 2 Total Split (s) 13.0 72.0 72.0 24.0 83.0 83.0 32.0 38,0 38.0 16,0 22.0 0,0 Act Effct Green(s) 9,0 68,0 68,0 20,0 79,0 79.0 28,0 34.0 34.0 12,0 18.0 Actuated ,g/C Ratio 0.06 0.45 0.45 0,13 0.53 0.53 0,19 0.23 0.23 0.08 0.12 vlc Ratio 0.41 1.03 0,54 1.01 0,69 0.09 0.99 0.08 1.00 0,99 0,58 Control Delay 79,8 67,8 I 1.2 124,8 28,0 3,7 106,5 46.4 75.4 140,9 53.1 Queue Delay 0,0 0.0 0.0 0,0 0.0 0,0 0,0 0,0 0,0 0,0 0.0 Total Delay 79.8 67.8 I 1.2 124,8 28,0 3.7 106,5 46.4 75.4 140,9 53.1 LOS E E B F C A F D E F D Approach Delay 58.4 37.9 86,0 97.0 Approach LOS E D F F Queue Len,gth 50th (ft) 41 -912 102 -241 475 0 322 26 -344 141 91 Queue Length 95th (ft) 85 #998 208 #426 529 26 #527 56 #593 #288 167 Internal Link Dist (ft) 1793 1520 1312 624 Turn Bay Length (ft) 360 310 360 490 550 550 150 Base Capacity (vph) 106 2305 898 236 2678 870 330 422 510 142 242 Starvation Cap Reductn 0 0 0 0 0 0 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 0 0 0 Reduced vlc Ratio 0041 1,03 0,54 1,01 0.69 0,09 0.99 0,08 1,00 0,99 0.58 Cycle Length: 150 Actuated Cycle Length: 150 Offset: 0 (0%), Referenced to phase 2:NBT and 6:SBT, Start of Green Control Type: Pretimed Maximum vie Ratio: 1,03 Intersection Signal Delay: 56.9 Intersection Capacity Utilization 92,0% Analysis Period (min) 15 - Volume exceeds capacitY, queue is theor-etically infinite, Queue shown is maximum after two cycles, # 95th percentile volume exceeds capacity, queue may be longer, Queue shown is maximum after two cycles. Intersection LOS: E ICU Level of Service F 'f' 03 -.. 04 "\ 05 ~ 06 ,I- ,;)2.s':" - _ :)",.'!,,,,,'("," 22.:gXi";A ,'" -if- I 08 Optimized Timings. Existing Geometry Vanasse & Daylor, LLP Synchro 6.0 Report, Page I 1:\Pro jects\809\809 38\ T rafflc\SYNC H RO\80936PM B KD _0 2,sy 7 Lanes, Volumes, Timings I: Immokalee Rd & US 41 Agenda Item No, 8e October 24, 2006 Timing Plan: 20 Pf3~ Q1OJtAl3 Naples Daily News Zoning TIS I'" \. ~ ..; T' "'it; +t+ . '(I 4.0 ..<4,0 . ,to .. · 4.0 1583 3433 5085 1583 0.950 1583 3433 5085 1583 2 24 470 1790 200 ..0,92 0.92 0.91. 511 1946 217 pm+6v ...pm+ov 3 6 7 '2 6 26,0 45.0 76.0 18,0 ..75.0 .41;0.... ..72,0 86.0 0,50 0.27 0.48 0.57 0;64 1.46 0.80 0.24 21.5 250.8 36.0 7.7 0.0 0.0 0.0 ..... b.o 21,5 250,8 36,0 7.7 C F D 117.4 F 224 -939 577 43 307 #1076 640 66 1040 900 675 525 793 938 2441 918 0 0 0 0 0 0 0 0 0 0 0 0 0.64 1.46 0,80 0,24 ..J- -. ~ ~ --- '- "'\ t Lane Configurations "'i ++ T' t;"'i ++ '(I "'i~ ;++ Total Lost Time (s) . 4.0 4,0 4.0 4.0 4.0 4,0 4.0. 4.G Satd. Flow (prot) 1770 3539 1583 3433 3539 1583 3433 5085 Fit Permitted 0.950 0.950 0.950 Satd, Flow (perm) 1770 3539 1583 3433 3539 1583 3433 5085 Satd.Flow (RTOR) 3 9 Volume (vph) 210 446 150 672 651 826 2112 Peak Houi' Factor . .0.92 0.92 . 0;92 b.92 0.92 0.92 0.92 Lane Group Flow (vph) 228 485 163 730 708 898 2296 Turn Type Prot pm+ov Prot pm+ov Protected Phases 7 4 5 3 8 I 2 Permitted Phases 4 8 Total Split (s) 18.0 22.0 26.0 26,0 30,0 45.0 26.0 57.0 Act Effct Green (s) 14.0 18.0 40.0 22.0 26.0 67,0 22.0 53.0 Actuated ?}C Ratio 0,09 0.12 0,27 0,15 0.17 0.45 0,15 0.35 vlcRatio 1.38 1.14 0.38 1.45 1.15 1.26 0,69 1,28 Control Delay 252,2 145,0 29.6 256.1 140.4 155.9 68.7 169,3 Queue Delay 0,0 0.0 0,0 0.0 0,0 0,0 0,0 0,0 Total Delay 252.2 145.0 29.6 256.1 140.4 155,9 68.7 169.3 LOS F F C F F F E Appr?ach Delay 151.4 182.5 134,3 Approach LOS F F F Queue. Length 50th (ft) -295 -291 92 -500 -428 -814 169 -1038 Queue Lel1i1;h 95th (ft) #471 #409 143 #628 #558 #1245 225 #1126 I nternal Link Dist eft) 1584 2097 1248 Turn Bay length (ft) . 350 190 475 475 550 Base Capacity (vph) 165 425 424 504 613 712 504 1797 StarVation Cap Recluctn 0 0 0 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 0 Storage Cap Reductn. 0 0 0 0 0 0 0 0 Reduced vlc Ratio 1.38 1.14 0.38 1.45 1.15 1.26 0,69 1.28 Cycle Len~h: 150 Actuated Cycle Length: 1 50 Offset: 0 (0%), Referenced to phase 2:NBT and 6:SBT. Start of Green Control Type: Pretimed Maximum vIe Ratio: 1.46 Intersection Signal Delay: 141.2 Intersection LOS: F Intersection Capacity Utilization 121.6% ICU level of Service H Analysis Period (min)15 - Volume exceeds capacity, queue is theoretically infinite. Queue shown is maximum after twO cycles. # 95th percentile volume exceeds capacity, queue may be longer, Queue shown is maximum after two cycles. Slits and Phases: t, ,,12 ~ 06 ~ 05 Optimized Timings. Existing Geometry Vanasse & Daylor, LLP Synchro 6.0 Report. Page I 1:\Projects\809\80938\ T rafflc\SYNCH RO\B09 36 PMTOT _ 02,sy 7 Lanes, Volumes, Timings 3: lmmokalee Rd & Goodlette-Frank Rd Agenda Item No, 8e October 24, 2006 Timing Plan: 20 IFla~M1'!fOf A.t3 Naples Daily News Zoning TIS ~ -to .,. -f --- '- "" t !" \. ! .;cI rr~rig;;G;P6cifjWjSi;Z;,ii;!i;ii@iXi;)!i'it)fJ;!;f\;:.:t:E~Lgi?i'f{(EBT:!ij})Wi!iEBR'i(P/8;wBI1WJi )WBT;r;g;WBR:M!%.;iNBE1\$;gitiNBm't;0f~jN8fti;~J::tiji;s'~u::~r!i:;;}is'smWD::ftii{;S~R Lane Configurations "" +++ ." ~ +++ ." "" + '(I ~ 1+ Total Lost Time (s) 4.0 4,0 4.0 4,0 4,0 4.0 4,0 4,0 4.0 4.0 4.0 4.0 Satd. Flow (prot) 1770 5085 1583 1770 5085 1583 1770 1863 1583 /770 1690 0 Fit Permitted 0.950 0.950 0,950 0.950 Satd, Flow (perm) 1770 5085 1583 1770 5085 1583 1770 1863 1583 1770 0 Said, Flow (RTOR) 313 76 180 Volume (vph) 40 2365 450 220 1742 70 300 30 470 80 Peak HOl.lrFactor 0.92 0.92 0,92 0.92 0.92 0.92 0,92 0.92 0.91 ..0;92 Lane Group Flow (vph) 43 2571 489 239 1893 76 326 33 51 I 0 Turn Type Pro! Perm Prot Perm Prot Perm Protected Phases 7 4 3 8 5 2 6 Permitted Phases 4 8 2 Total Split (s) .' 13.0 74.0 74,0 23,0 84,0 84,0 31,0 38.0 38,0 15,0 22,0 0.0 Act Effct Green (s) 9,0 70,0 70,0 19.0 80.0 80.0 27,0 34,0 34,0 I 1.0 18,0 Actuated glC Ratio 0,06 0.47 0.47 0,13 0,53 0.53 0,18 0,23 0,23 0,07 0.12 vlcRatio 0,41 1.08 0,54 1.07 0,70 0,09 1.02 0.08 1.03 1.08 0.58 Control Delay 79,8 83,9 I 1.7 139,0 27,8 3,6 1 15,3 46.4 83,2 165.4 53.1 Queue Delay 0,0 0,0 0,0 0.0 0.0 0.0 0,0 0,0 0,0 0,0 0,0 Total Delay 79,8 83,9 1 1,7 139,0 27,8 3.6 I 15,3 46.4 83.2 165.4 53.1 LOS E F B F C A F D F F D Approach Delay 72.5 39.0 93.9 109.3 Approach LOS E D F F Queue length 50th (ft) 41 -1028 I 12 -257 491 0 -338 26 -387 -154 91 Queue Length 95th (ft) 85 #1 I II 217 #438 545 25 #539 56 #619 #300 167 Intern al Link Dist (ft) 1793 1520 1312 624 TUl"nBay.Length(ft) 360 310 360 490 550 550 150 Base Capacity (vph) 106 2373 906 224 2712 880 319 422 498 130 242 Starvation Cap Reductn 0 0 0 0 0 0 0 0 0 0 0 Spillback Cap Reductn 0 0 0 0 0 0 0 0 0 0 0 Storage Cap Reductn 0 0 0 0 0 0 0 0 0 0 0 Reduced vlc Ratio 0.41 1.08 0,54 1,07 0.70 0,09 1.02 0,08 1,03 1.08 0.58 Cycle Length: 150 Actuated Cycle Length: 150 Offset: 0 (0%), Referenced to phase 2:NBT and 6:SBT, Start of Gr'een Control Type: Pretimed Maximum vlc Ratio: 1,08 Intersection Signal Delay: 65,5 Intersection LOS: E Intersection Capacity Utilization 95.4% ICU level of Service F Analysis Period (min) [5 - Volume exceeds capacity, queue is theoretically infinite, . Queue shown is maximum after two cycles. # 95th percentile volume exceeds capacity, queue may be longer, Queue shown is maximum after two cycles, S !its and Phases: 3: Immokalee Rd & Goodlette-Frank Rd t 02 .. 03 -+ 04 "\ @5 3 ! 05 ~ 1'3$ Optimized Timings. Existing Geometry Vanasse & Daylor, LLP Synchro 6,0 Report. Page I 1:\Projects\809\80938\T raffic\SYNCH RO\80936PMTOT _ 02,sy 7 HCM Unsignalized Intersection Capacity Analysis 12: Site Access & Creekside Way Agenda Item No, 8e October 24, 2006 Timing Plan: 20 AaftMlmcPT.AL3 Naples Daily News Zoning TIS ./- Lane Configurations Sign Control Grade Volume (vehlh) Peak Hour Factor Hourlynowrate (vph) Pedestrians Lane Wldtll(ft) Walking Speed (ftfs) Percent Blocka&e Right turn flare ('Ie h) Median type Median storage veh) Upstreamslgnai (ft) pX, platoon unblocked vC,conflicting volume.. vC I. stage I conf vol vC2.stage 2confvot . vCu. unblocked vol tC, single (s) tC. 2 stage (s) tF(s) pO queue free % cM capa.city(veh/h) "" "\ t ~ ..I Stop Free Free 0% 0% 0% 312 0 0 0 0 87 0.92 0,92 0,92 0.92 0,92 0.92 339 0 0 0 0 95 None Volume Left Volume Right cSH Voh.lmE! to Capacity Queue Length 95th (ft) Control Delay(s} Lane LOS Approach Delay (s) Approach LOS 339 o 962 0.35 40 10,8 B 10.8 B Average Delay IntersectioriCapacity Utilizatio n AnalysiS Period (min) 592 47 47 6.4 47 6.2 9S 4.1 o o 1700 0.00 o 0.0 o 95 1700 0.06 o 0.0 0.0 0.0 29.3% 15 ICU Level of Service A Optimized Timings, Existing Geometry Vanasse & Daylor. LLP Synchro 6.0 Report. Page I I :\Pro jem\809\809 38\ Traffic \SYN CH RO\80936 PMTOT _ 02..sy 7 Agenda Item No, 8C October 24,2006 Page 170 of 273 Topic # 625-000-015 Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways May - 2005 TABLE 3 -13 ACCESS CONTROL FOR ALL LIMITED ACCESS HIGHWAYS URBAN MINIMUM SPACING Interchanges 1 to 3 miles MANEUVER RESTRICTIONS Turn Lane Required Via Grade Separation Only From Right Side Only Acceleration Lane at all Entrances Deceleration Lane at all Exits Crossing Maneuvers Exit and Entrance TABLE 3 -14 SIGHT DISTANCE FOR APPROACH TO STOPS (Rounded Values) DESIGN SPEED 10 15 20 25 30 35 40 45 50 55 60 65 70 (MPH) STOPPING SIGHT DIST ANCE (FEET) 50 80 115 155 200 250 305 360 425 495 570 645 730 (Minimum) TABLE 3 -15 LENGTH OF TAPER FOR USE IN CONDITIONS WITH FULL WIDTH SPEED CHANGE LANES DESIGN SPEED 15 20 25 30 35 40 45 50 55 60 65 70 (MPH) LENGTH OF DECELERAT10N 80 110 130 150 170 190 210 230 250 270 290 300 TAPER (FEET) LENGTH OF ACCELERATION 60 80 100 120 140 160 180 210 230 250 260 280 TAPER (FEET) Geometric Design 3-70 ,- ~ "I,ll ~~9~ :js I I I <J '" 2_ ~ C3~ ~ -- g 'I I ~ 1.\ ~ ~ ~ ~~~-J I I II .., VI 8 ~"'c; , ~ ;;!~" I III !:>~ ~ ~ : ~~.: I I I ~ ~ l\l ~V)~ 2 .:; '" ~ "8 I I I o ~t> " ">1 ~ B ~ I I I ~!Q 23ii-J ~ t:)Q <:) >:: ~ <5 ~ ~ ~ ~ o ~ . 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Agenda Item No, 8e October 24,2006 Page 172 of 273 --- ~ --- ~ . , ~, BARRON COUHl PARTNFRSHW e -e June 6, 2006 Joseph K Schmitt Community Development Administrator Community Development and Environmental Services 2800 North Horseshoe Drive Naples, FL 34104 Re: Naples Daily News BPPUD, PUDZ-2OO5-AR-8833; Bay Colony Golf Course Lake and Pres.rve Background Dear Sir or Madam: Westinghouse Communities of Naples, Inc. purchased the land that comprises Pelican Marsh PUD from Ocean Boulevard Partnership in a series of transactions as development phases proceeded. During construction in the area of the fifth takedown a dispute arose between the buyer and seller. Litigation ensued (case number 94-1996 CA-01) and a settlement agreement was reached and approved by the court on or around September 18. 1995 whereby the parties exchanged parcels of land and easments. The area of the lake/preserve now part of the Naples Daily News Business Park PUD application was part of this settlement agreement and was to be re-conveyed back to Ocean Boulevard Partnership. Westinghouse Communities agreed to construct the lake as part of the Bay Colony Goff Course plan and deed the entire property upon completion of the construction. The recording of the deed to the lake/preserve parcel was delayed at the request of Bay Colony and Westinghouse in order to reshape the lake as part of a golf course redesign, The deed to this parcel was recorded November 15, 2005. This background shows that the agreements regarding the use and development of the lake/preserve parcel precede the zoning application by approximately ten years. Copies of the recorded Rnal Judgment of the lawsuit (OR: 2101 PG: 1025) and the deed (OR: 3929 PG: 3010) are attached for reference. Please do not hesitate to contact me with any questions. Sincerely, trilCAN1ES David K. Borden, Vice President DKBldb Enclosures Exhibit "e" 2600 Golden Gate Parkway, Naples, Florida 34105 (239) 262-2600 Fax (239) 262-2589 '\ \ e Agenda Item No. 8e ' October 24, 2006 Page 173 of 273 .. ,e IH THE CIRCUIT COURT OF '!'HI: TWENTIETH JUDICIAL CIRCUIT Iff MD FOR COLLJ:D COUH'l'Y. PLORYDA CIVIL A.e'JIIOIf e OCEAN BOULEVARD PARTNERSHIP, a Florida partnership I CASE . " ,;1 \... . ~, .' ....') .... ;:;J l..,' '~? . ..., ~o Plaint.iffs v. WCN COMMUNI~IES, INC., formerly known as WESTINGHOUSE COMMUNITIES OF NAPLES, INC., a Florida corporation, Detendant ~ . ~,~ \, !... ~:\ . I '. '. "'4 \ ,,". ,:.. "11. = .. .... I! ..if : ~ Aqr....nt., a tully ex """ . ~i .. ~ I ORDERED AND Ie iJ I" .l.9ree.ent is app ov --''= ~ I . ....d.r.d to c_pl ~ .;,a 5 cUB.i.sed with pre o ei ..., s. their own costs and \'os: cr. .. -.01= roo- ... eft .:s .. I.. jurisdiction to enforce compliance with the saiet stipulated = ;; ... .:: ... :: Settle.ent Agreement and to enter further Orders in oonnect.ion ","; ipulate" Settleaent part.i.s are h.reby t.. i. act.ion i. her.by t.h each part.y bearing FURTHER ORDERED Court hereby reserve. therewith. DOIIlI AlII> ORDERED in Chamber) .t, Napl.., COllier Florida, thi. ~ day ot ~ I 1995. County, popi.. furni.hed to: ~Juq.ne E. stearns, Esq. .no. S:A' /.~"':::9-,F; r ~ 7 '/" ~fIr"r/f 19</"- , , \v..\ ~ ..~ ie ( , - e -. " tj) r(j. 0.... ,,:) \ ,,;) This Instrument, Prepared By; Vivien No HiStings, Esq. We! Communities, Inc. Bonita Springs, FL 34134 Agenda Item No, 8e Octo~r 24, 2006 3733438 OR: 3.929 PG: 301(f9e 174 of 273 IlCORll!D in omC1U Qt:OU$ af COLLIIl COUln, rL lIflS/20OS at 03:UPIi DVIG1ft' I, BROCI, eLJRI CONS 1800.10 lIC !II 119.00 DOO-.70 12.60 coma ] 0.00 k!tn: IICI eOllllURIUBI lHC IUDI mDO CU'fBR DR J. BDAA ~lIUR~U' THIS SPECIAL W ARllAN1'\' DEED made thi5~ day of .~ U L 200S, by Pm:ellD #: 00 HiB040708 WCl COMMUNITIES, INC., a Delaware COlporation, successor by mcr-gcr of WCI CommQJlities Limited PartDeT'llhip, having its priDcipul plaCl: of btJsincss' J!.~: 24301 Walden O::ntcr Drive, Bonita Springs, P1orida.34134, herein called the Gl"antor,to OCEAN BOULEVARD PARTNE'RSHIPJI, a FloridageneraJ partncr&hip. havtnglts principal place of business at: 2600 Golden Gate' Parkway, Naples, Florida 34t02, herein oailed the GI'llQteC, (wbiellcver used herein the tenns ''Grantor'' and "Grnnlee" includc all the :parties to 1hUl ilU:trument and the heirs, 1 egol representatives and llSSigtil, Q$sip of individU4ls, and. the ~UCCClSors and'DAigns of corporotioQ$). WITNESSETH: Thatthc Grantor. for and in cODsidcnltion of tbe sum of $.10,00 (T~n Dollars) and other. valUable cansidlmlliDI1S, receipt of which Is hmby acknowledge~i hereby grants, bargains, sells, aliens, rclJ'liscs, releases. conveys, and C:OllftrtI\S unfothc Grantee, all that certain land situate in Collier County, Florida, to wit See Exhibit · A" .ttacbd hereto. ("the SUBJECT PROPERTY") SUBJEcr TO: taxes and BIl8eSSlDC.l!tS for ZOOS and subsequent years; and easem~, restrictions, reservations, ccwenants, limitations and conditions ol r<<ord, 'if any; and the reservation of easement rights marc particularly set forth herein in favor of Grantor, its successcrs and assigns, as owner or owners from time to rime ofthe following real property adiacent t'hereto described to wit: See Exhibit "B" attac:hed .hereto. ("the APpuRTENANT LANDS") RESERVED EASEMENT RfGRTS Grantor herebyrcserves perpetual non~ltclusiye ClIscm=nts for (1) ingress; (2) egress; (3) flowage of water, stonnwatcr. wastewater and re-use water through pipes, junctions, mctcz:s, connections, pumps lInd related IIppurtenances and structures; (4) golf caursc uses including, but-not limited to, tee bo"cs, grccna, fllirwaysnnd rough areas, culverts, cart paths, gOlf CIU' and 'pedestrian traffic, &olf course feneing and related golf course activity, and appurt=nanccs; (5) bermmg and landscaping; and (6) public utility and public service ptuposes; together with the right to install, reinstall, maintain, ~ repll\cc and repair of lhe foregoing on, across, over IIDCI under the SUBJECT PROPERTY; and Grantor may cause to be recorded from time totimc various declaratiDlls of1nese casc:ments setting fortb thc location 81'Id purposc of any ofsllid easetnents Which may be lISSigned from Grantor to any third pllrty. K:lleSollpclmo",hlcollic:r'<l..d,pce.obp Agenda Item No, 8e . OCTI'i'l'5er24,2006 39 9 lPage 175 of 273 OR: '2 PG: 301 .. AND FURTHER SUBJECT TO the restrictions: (1) t1m~ the: SUBJECT PROPERTY,tt14Y only be used by the Grantee for passive water management (within the excavated lake area 'below elevation 11.2 'NGVD existing as of the date of recording 0{ this deed) liS well as. passive open space purposes IInd (2) that the excavated lake area shill have a contrOl elevation of 9.0 NGVD, These restrictions shall be covenants mnning with the SUBJECT PROPERTY IUld binding upon the Grantee and enforceable by Grantor. . AND ALSO FVRTB:ER. StJBJECI' TO II covenant by and betwel:ll Grantee and Grantqr !bat in the event the SUBJECT PROPERTY requires mmntenarlec for the :purpose of C<lntinuing Granf:1!e's right to use Bnd enjoy the SUBJECT PROP~TY for pllS$M: water management (including but not limited to any culvert and hC1ldwaU mainlcoance) and open space, purpoSC8,:such maintenance shan have little or no impac:t lipon Grantor's casoincnl rights, if possible. Further, Gntilior shall bavc the 'first right of ref usaf to perl'cmn or direct the conduct of sueh maintenance at th~ expense(lf Grantee,provideQ that such expense is equal t6 or less than iliat which would be charged by a third PartY contractor of GllIntce's selecfion. Tf1ese covenants shall be covenants runnittg with the SUBJEcr PROPERTY nnd binding upon the Grantee and enforceable by the Grantor. TOGETHER with all the tenements, hereditaments and llppurtenanc;s thlll"Cto belonging or in anywise apperUlining. TO HAVE AND TO HOLD, the s= in fee simple foreveI', AND the Grantor hereby covenants with SlIid Gz:antec that the Grantor is lawfully seized of the SU.BJECTPROPERTY in fee simple; that tm: Grantor bas Bood right and lawful authority 10 scU and convey the SUBJECT PROPERlY; that tlIe Grantor hereby fully warrants title to the SUBJECT PROPERTY and will defend same against the lawful claims of all persons claiming by, through or under the Ormlor. IN WITNESS WHEREOF. the said Gmnter hilS Cllused these presents to be cx:ccuted in its name and its CClrparntc seal to be hereunto affixed, by its proper officer thereunto duly autltorized. the day and year first above written, ~ Signed, scaled and delivered in the preSence of. WCI COMMUNlTIES, me, a Delaware corporation BY:C~ Christopher Hanlon Its: Senior Vice Presi dent ":~q:.l~\collicr\dced""""obp r Agenda Item No, 8e October 24,2006 OR: 3929 PG: 3012 Page 176 of 273 ~ . STATE OF FLORIDA COUNTY OF LEE The foregoing Sp~iaj WiU'TaI11y Cecd WlU acknowledged before me this cPl!If' day of \\.. \ \ I ~ l-. 20. 05, by Christopher Hanlon, as Senior V. ice President of .WC. I Conununities, Inc., a 'Qii;;;~re cOJP9l'!ltion, on behalf of the corporali. . He is personally known to me. . . . PubU,.S~I'Of~ . ~ My Commission Bxpilu: PAMELA DMNA KlUGER MrCO:.:J.IlSS!OH "DDJ77471> n.'CPlIIES.:~2$.llNl7 t~/<<y J'IL~ll3l~~c.. . K:llcS"IIpeImml1IcoDicrldeedlpcc.obp - -- -CD: , Exhibit "A" . Page 1 of 3 t ' EDgitt~ P1aaneJl, SUl'VeyDn, Landscape Archlizcts ~ Environmental Consulranll Wilson PTafessional C.nll:r. Suire 200.3200 Il&I1ey Lur,ItAbport RI:lIII. "'pIa. Florida 13941- (1 I lr649..c040 F. (I 13. 643-S716 . Description of Area ,; A" being a part of Section 27 Township 48 SOlIth, Range 2S East, CoJ]ier Caunty. FlOrida .' All that pan of Section 27, Township 48 South. Range 25 East, Cc1licr County, Placida and being more particularly descn'bed as follo.ws; Commencing BI the west one quarter comer Section 27, Township 48 South. Range 25 'Eut; thence along the west line of .said Section 'n N'ortb 00.39'12. West 821.69 feet; thence leaving said section line North 89020'450 East 55.00 teet to the Point of BeginniDgof the -area thereon described; tl1ence North S9020'4S. East 366,4S feet; thence S01Jth 00039'15" East 34.09 feet; thence southeasterly 47.35 feet along the arc of a non-tangentialc:ireular curve concave southwesterly having a radius of 70.00 feet through a central angle of 38045'23" and bcing,subtended by a chord which bean South 64019'09" East 46.45 feet to a point of compound curvature; thence southerly 25953 feet along the arc of a circular cwve concave westerly having a radius of 197.21 feet throulb a central angle of 75024'06" and being subtended by a chord which bears South 07. t 4 '23" East 2'41.20 feet to.11 point of ICVerSC CUrvaturei thence southerly 151.40 feet along the arc of a ciJcular curve concave easterly having a radius of 130.00 feet through a centralllrtgle of 66"43'37" and being subtended by a chord which bears SOUth 02054J07" East 142.99 feet t(:1 a point of ~verse curvature; thence southerly 120.22 feet along the arc of acin:ular curve concave westerly having a radios of 70.00 feet through a central angle (if 98'"24'12" and being subtended by a chord which bears South 12056'10. West 105.98 feeti thence South 62008'16. West 75.07 feet; thence southerly 4B. 75 feet alm1a tbe arc of a cit'CUlar curve concave easterly having a radius of 30.00 feet through a centraJ angle of 93 006'13- and being subtended by It chord which bears South 15035'10. West 43.56 feet; thence along South 30057'58" East 34.79 feet; tbence southerly 19.94 fee! along the arc of a circular CUIVe concave west!!dY having a radius of 80.00 feel through. a central angle of 14016'43. and be.ingsubten~ed by a chord which bears South 23"49'37" East 19.89 feet; I . thence along a non~lan~entialliJ1e South 84013'14. East 158.41 feet; ttlence South800SS'24" East 183.78 feet; thence South 81"52'51" East 180.90 feet; thence South 00000'00. East 261.28 feet; thence Nonh 90000'00. West 394.57 feet; thence North 00.00'00. East 271.13 feet; thence Nonh 84013'14" West 120.32 feet; ~ 41J9m. .()/J611ZJUllU ,Voplrs Ill))~~ F'~\ ISI)l N;t.~716 Fon Mwrr 1&1))9JILI020 F""i8Dl9;9.7.179 SlrrasOla 111J117l..I69O FLqll1l17MHS~ ,.. - e .- -- Exhibit "A" Page 2 of 3 O. ... :. ~.. .( '. 'I WILSON . MILLER . BARTON .lPEEK, INC. Agenda Item No, 8e October 24, 2006 OR: 3929' PG: 3014 Page 178 of 273 Description of Mea. II A. being a part of Section 27 Township 48 South, Range 2S East. Comer Count)', Florida (continued) thence South 33"'05'40" We$t 54.13 feet; thence South 76"'56'SI. Wesl89.M feet; thence North 58"'35'21" Wat 6S.i9 feet; thence North 15"'31'55" West 74.80 feet; thence North 00"'41'41" West lls.i4 feet; thence North 28"22'47" E:tst 171.51 feet; thence North 17'11'45' West 106.79 feetj thence North 13"'02'52" East 28.51 feet; tttence Nonn 73"36'14" W~ 54.78 feet; thence 50Ul1149016'08. West H2.78 feet; thence South 89"'47'08" West 53.08 feet; thence North 58"00'49" West 50.49 feet; Chence North 00'39'12" West 303.49 feet to the poi1l1 of Beginning of the area herein described; Containing 7.8 acres more or h:ss; Subject to ea:semenU ami restrictions of record; Bearings are based on the west line of Section 27, Town~ip 48 South I Range 25 ~. Collier County, Aorida being North 00'39'12" West; WILSON, MILLER, BARTON ~ PEEK, INC. Regi:stered El1gineets aild Land S\1rveyors W.O. 34917 Ref: [L-S] Date: April 19, 1995 .1l9~J-llIJ&l1.!J6,MIt5 P.D.B. Exhj,bic: "A" Page J of 3 If .,. ta. .,.t ".00 II I" ~O'.I5.[ JU..U / ~~ ~~ AREA ~ A- CONTAIIHNG 7.8 ACRES+I- !D' , ~I: g= (!) P.D.C. WEST 1/-4 CORNER SECTION 27. T-4'B-S, R-25-E ,,~ 5~ ,,:; NOT PLATTED II.Of :u.r, IlO~U '''.J! n.ol l.S.I, '. ,I" 111.14 171..$1 IDI.I, N 1)'02'''~.r 21.'1 " 7J,;,,'1 ,-v 10(.', 1,-4'."~ U" u2.'.a ~ '.t.",'O''''' ,~.o. .. I ~ "'~a'.,..y !O.. c, 0.' NOTA SURVEY wILson. MilLER. BAR10N , PEEK. INC. c.~l"nll$ ." .,....,... l'U--.cH . ~"f"".1... '~'_It LJo-&,iU", ~'IICI. .. ~....~'c.. _..." ::2':ic~~~:1 ~~.::gr ..... JIIJIC NO "."u... '........ f.:II~l lafll .IU.hlt ..... IUIt ".).I.d. -.. ,t. , ,O"~.! r,,. .c' , U"CIJ.lf"" fl . JO'WSI"t It II" "....{-V (, ~ J3'.".O~" l 1.1........v ; If 11t":1S'!1"\: CI. . "'11'"'''' . . ODO ""0(1'''' 'd Jl n'u'.'~ . II'.,. .S.V 3....57 VE51 (0 . flUIA J""'U' "'Z"OJ' '."4J"P' ""'11"" 't~~ ge,' I;. ,.......". UD,US (0,10 1"..JJ IJ~.OD '0,10 31..oa '0.00 oeseRl PTI 01/. SKETCH OF OESC~rPTIDN AR,EA -A" ~~i~rt: ~~~~,~~ n5~:~ n. J'.'aS, .a;s~( ~ -, ...., '.:.' - ,,-'en, NOT PLATTED S. ".'~.,r"r 'Ia.,a "'I.. "'n lUll' I ~. 10\11" .~., I L.. JI' Agenda Item No, 8e October24,2006 OR: 3929 PG: 3015 Page 179 of 273 . ~ LW I l/) N ...... I ..... c: I U) I co "'=" I - t-... N 2: Cl I- U LU U) :!:z ~~ ~ oaoD ....1.. ICIDIIl 01$1, 1'14a'11'cw-r: .a..., SOl. "'''1:'-( iU.1I 5: D....'.'OI~ iC:l.'. S I~-M"a~ t05...8I " 1"'~'D,-lJ u.u ".:J- "',)7.( I t. II ell EIH · weN COMMUNITIES lNC. g'lJI "r~.~:~ r , ..-." Agenda Item No, 8e ,-~ ~n. ~~r~ n~. 4Q~~ber24,2006 ~e180of273 "" OR: 3929 PG~ 3016 V e RA,( C:OI aNY cO! I' COUR!If: I f"r".... LEG"'- OtsCR.lPTIOlI! OF PMT. or, TIlACI eel, ACCORDlN(l TO THE P\.AT OF' Pt:\.lCAH UAIlSK COI1 cCV!tf)[ PHotSE tlNt Pl.Al SOOK 23. pMlts ~o 'niRDUGl1 47, AND AtI. Of' m.eTGC12 ACCOROlHS TO THE P\.AT Of PEtlCAN MARSH UNTI '1WEt\'t: !'LAT :BOOK 2G; .PAGES ~8 l'J.IROlJCH !>O ANP ....LL DF' nw:t Gel' AND PARTS OF'TRACTS OCR NID O'CI.O AND TRACJ "" ~CoROlHG TO' 'TJoI! PlAT or PElICAN iWlSH GOlF COUllSE PHASE TWO; PlAT BOOK :01, PAGES ~2 1iND43 ,AND All. or TllACt CC4 ACCDJiD1N~ TO THE Pr..>,T eIlF PE~IOUI 'IOIAASH UNI1 SEVEN REPLAT, PLAt aOOK 24, PAGES 7.2 1'01'11), 74, AND ALL Or TRACfSGCI'A, GC'IB, ANll PAIf.IS OF' T~ClS I, :5 51. AND 'GCI A,CCORlllNG TO THE PLAT 0" PELlCA,N Il~St( COlF COURSE PI'l~E THFlEE;~ PLAT ,BOOK 25, PAGES 14 THROUC;;H 16, IIl.ONC' WlTH PART OF' PEUc:AN UAR1iH UNIT ON~ PlAT BOOK 22. P/lCES ,li THROUGH ;;3, All. OF' 1RACT "B" BENTGRASS B~ AT \lAY COlON'!' COIJ CLUB, PtAT B(l()t(' 13, P~ $04. 1HROUGH' ~6, cOI.l.lER COUNTr n.ORlllA Pl.!9l1C RECOR.OS AIorD PIIIlT or SECTION 27, TOWllSHll' 'Ill SOUtH IWlI:Ot 2~ EAST(WOT PLATTtO), coweR (;.ouIoIlY. FLORID.... AND WQRE ploRnCutARtt OESCRIBEO AS F'0\.LQ'tIS: jlEGlHfollNC AT THE SOVTt/EAST CORtlra OF' 'TRACT eCI, PELI€AN IUSlSH GOlF COURSE' PHASE TWO, ,"""T 8001< 2~, .....atS (2. :. 4,3, COLUI;il COUNI'(. F\ORlOl\ PUIlI.lC RE';OROS ANO BEINe lHt WEST RICH1'. or WAY UNE or: rAANlC ElOUl..tV^"O (<>OOOl.ETlE r~ li~Xl.W WIDE) Tf.li:I-lCE; A1.0kG SAID WEST 'RIGHT Of 'flAY lINE S,05'3~' 411"E.. FOR 309 .31 nET: lHENCE ALONG SAID WtsT RIGHT: 01' 'flAY LINE $,05"33' lO"t., F'Oft 233.81 FEEf 10 nlE NORfH RIGHT Of' WKr liNE OF Ptllcm I.l~SH eOULl;:VARD ~D A POlMT ON A CURvE TO lHE R1~T. HAviNC:." RAOIUS OF 25,00 FtEl'. " ttN'lAAl. ANCl! or 9t100'OO", A CHO~D eEAAllIG DF S.3l1'28'~0''W, ,lIoIO A CHOIl.D LENGTH or .1'.36 FEEl; THENCE AI.ONC SAID NO.A1f.i RIGHf or Wfo.,Y LINE AND. THE ARC OF SI\IO CURVE. AN ARC I.EIiI(;fll OF 39.27 rw 1.0 TlU: [ND OF SAID C\:JR\IE: THENCE ALONI.l SArD NPIITH RIGHI OF WAY UNE s.8~.i6'SO'W.. FOil 125.00 F'tE1' TO THE POlNr OF C;VRVA1'U1'lE OF A C:l;IRVE .TO TAE RIGHT, HAVING: A RArxus or J~2,J1 FEET, to; CE:NTRAl. WGtE or JI'5S'10', A CHORD BEJIRlNG OF IU9"35'05"w. A/olD A "'ORO lENG1l\ OF 11IB.:M FEET:. iHENCE ALONG SlIlD NOR1i'1 RICiHT OT "1''''( lINE AND THE ARC: or S,6.Io CtIRVE. ANAAC LEHG1H 01'7190.8& Fl:O 10 lHE POINT OF TANGENCY or SAID CURVE: lHENCE Al.OHC SAlO NomH RIGl'lI OF ~y L1~ N.r,s;l7'OO"W., FOR El86.7~ FEET: . THOIeE l.E/lVING SAID NOIllH RIGHT 01' WAT l.1Nt: N,05.09'56.'W.. F'OR I C I ,.29 FEr!: 'tHENCE N.24'54"SO"W.. FOR 108.99 rEET: 1HENCE: N,27InS"E., rOR S7.BI FEEl: THENCE N.04"J,'251:.. FOil tGlU1 FEET; THE:NCE IoI,09'21'20"W.. FOA 91.7;) F'EET: 1HENct N,41'50'2:)''W~ FOA .6I.~6 FEr!; THENCE N,OY29'J2"w., fOR 201',41 'tn: THENCE N.~ l'4Q'52"t~ "OR !IJ.40 FtET; lI-lENCE N.$2'34'2'''E.. FOR 3J," FEr!; 1I'lEt-lCt ,N.~C'18'17"t.. roo :3',53 rEE1: THENCE 1'1.\9'45'16"(., F'OR 1499. n:ET; 1HENCE N.19'18'09"W., F~ ~IO.~ F'EC1: THoNeE N,20'tlQ'~4 'E., fOR 1.66,28 flEI, THENCE N,QS;' I' 30"W;. fOR 21.80 FEET: lHENCE j;.j,zj'C.t;l4 'W.. FOR &4,64 FEET: THENCE N,4J').9'Og'E., FOR $4,0& FEEl; lt1ENCE N.llrl~'lO"E" FOR SO.19 F'EEl: lHENCE N:Z6"29'OI'E.. FOR ;)1.1~ HE': lMENCE H.zrl'!;"4S"[., FOR 33;29 FEET: lHENCE N,O'25'J5"[., "OR 37 75 r0:1; THEN.CE N.OS'Jc'D7"E.. FOR 34,3 I F'EtT; THENCE N.21'e!roo."E.. FOR 32,110 FEET; lJ-lENtE 1IL1J'41"JI"E.. FOR 7,O!i F'EEl: ' THENCE N.OJ'2Il'32'V1.. FOR ~IZ.67 FEEl: UIENC!: N.21l"29'J8"Yt,. FOR 107..34 FEEf: THEIlCE N:GS'c6'2S"E.. FOR 20.06 fEET; THENCE N.28"29'38"w" rOR 2tl.O~ FEET: lHENCE N.,~TJ7'08"(.. F'OR ",ll~ n;;ET: 'HENct N,Oli2a'Or'H.. rQR 33:>,111 rEEl, lHENCE N.6S'.D7.17"W.. fOR ~7.D6 rEET: '''EI-lee: ",,~.si'20.C.. FOR ",38 f"EET tQ ~ POlNI OF CURV"TURE OF' A CURVE TO tHE RICHT, H.\VlNG; A IlAOIUS or 2lO,OO rocr, ". CtNT~ IINCU: Ot~'~3'J2', A. CHORO BEARlNC or N.71'03'06"~; IINO ^ CHORO LeNGtH or 3&'.68 !:'EEl; , iHtNCE ALONG 1 Ht ARC Of SAlD C'JR\lL, A.N I>iI,C Ll:NCTH OF 4 1.1 9 fEET 10 T"KE 1'011('I (IF COIoll'OU,tolO. CI,lR\l" TURe or " cufl\lE TO THE RICHT. Hl\\llNG: jJ, RAtlIUS or 407,03 FEEl. " CEII1RAl,. ANGLE or ;4' IJ'OS", " CHORO BI),RIl'lG or s.48'~a')4"E, "'HO A. CIIORO LENGTH OF lllO,75 nET; THENCr. ALONG THt ARC OF SAID CIJRVE, AN ARC LDlGTll OF 101.0 I Fur TO THE POM OF TJ.NCCNC'l' OF &1.10 CliR'JE. THENCE 541'3:1'OO'E" F(lll ~9,S9 fEET: lHENce N.OT5Inio'w.. 90,19 rEET 10 " 1"011-11 ON " NON-TANGrtoll CURVE TI) TJ'iC LEFT. HAWlC: 10, !lA[lIUS (IF' 457.0~ F'HT, A ':EWRAl. ANr:LE OF 13"4'19", A CH('KD eE~R'''G or N,54.06'~'I1, /\Nt' A ("H(1RO LCN(:;IH ('4" 105 ~7 I'En, e -- EXHIB1T" ~." 1 OF 9 () Aaenda Item No, 8e ~~. 1n~~tober24.2006 I ~VL\. "~ge 181 of 273 v OR: 3929 PG: 3017 V e II~Nf;E "lONf'l I~r. NI( ,~ !....,. "l'IlV'l'" ""'A/lI"~ LO~;IIl!:>f l':l~,to'.' FEEl Il' IrlE PQlNr {I' Im:c,oICX (( r;.~,r.' (1.11:'\1(: 11l[Nr;[ N 6(YH'O(I'I~" ",,/\, I '~(;,t'tr' 'F,iI 1" lHJ: ""J'~r ill' tlIRVA'\JRE (of' ,. (',UR\'( )'I.. II'E LLrr, ""W~t;: . l1',IolN\'S ,'If ~.'~,(".. rCfT. ^ (fNIR/lI ANI.".!! I.~' ".I':,~W:'", A ",.,.,rol' IJEAI,w(, ',Of N ~:r!,15,\IU"W ANll /I r;'".)RlI LlNCjIH (II ., I.~ Ir.r I: lHEt!C~ Al.l'lNC Ill( ..r!~ ';II' !iNO CI""~'t, AN (,Re.: Ll''';W ',)J" J I I J I'I:[T TO l"CEI/1) IJI' ~I() CUlM:, 1H~N':C ""r'27'(l()'t,, F~ i"ll.CC\ rEn: TI1t:NCt N "In 7'00"[., ,C'R 1 G~,:lQ FEU 7" T>'IE P.,,,,, I.'" ellRVlJURE Of' 1\ CUM 10 ~>itLP1, 1'It\'J/Nr.: _ R...OW/S or 1500U rEET." CENtRAl. JoNeLl or 1'7'~&'OQ", II. ("MORO BrARrNC OF N 2J"26:00"Ti. AIoIO ^ tHORO LrNCIt-/ Or ~87,07' rE~.; lHEHCC "LP';c 'J./[ loRe 9f' SA!li CWlvE, AN ARC l.EIIC7H or J8~, 98 FEtr 10 nlE ponll or, lAJo1C!:NeT 01' 'SoloIO CUl;VE; THE:NCE s.er5I'OO"\r;.. FOR' JO:S.U rEO TO THE POINt OF C\)RV~UR[ C1F A CLIRVl: TO tHE Lrf1, HI\VIII/O: ~ RADIUS OF t500U rEEr, A C[NUW, ANCL.t or $8'l1~27'. 1\ CHORD lltARlN<:' or S,SS4S'l7"w, ......0... CHOIlO LENGTH or 1~5,88 FEE': 1HENCE ALONe lHC ARC 01 S;lIJO CURvE:, AN ^RC LEN';)H or 1!>:..l4 rEET T(l lifE: POWT or TANGENCY or SNO CURVE: lHeNCE 5,2~'o39'j.3'W" roll 111l.Jll FCrt; 1HENCP: 5,10'3/'1)0"1'/.. rOll .'12.9!1 FECI: lHtNCE S.61"IJ'Sa'W.. FPII B~,67 rta TO rl-lE P(JlNf o. CURVATURE or II CURVE 'ro THE LEFr, .....VING:. A RA(lUJ5 or 1~5 00 FEO, A CENTRAL AN~E CI 16'35:'43', 1\ CH~R[I BUoRING 01' 5.5756'q7iY, AN.D " CHORD LENCIH or ~~. 74 FErr: lHENCE ~ONC IIl[.ARC 'OF SAID C\JRVt. No/ ARC LE;",;rH OF .4,89 FEEl T(I THE POtloll or REVERS't tul!V41UIlE (IF II CURVE 1(. I'll; RI(;HT, HI.\IINC; " AADlUs OF 2'll,oo reEl, .. CEN:ril:Al. ANGLE CIf' 6O'53'J1", ^ CHQRII llE.ARINC OF S,~:"1T.i'2~'W, AND " CflOIlD LENCtH Of" 29,39 FEtT: lHEIo/CE ALONG THE 'ARC or 5"',0 ('!'irofE, ~ ARC LENCTIf .ar 30,62 FEEl 10 lifE 1>01IoI'i or T'AHGONCYO:;F ~o I:URvE: lHENCE fIi,1.c'Z7'4$'W.. rail IBli,3a Ft:i:/ III IHE POINT Qr CUR\ljlJURE or " CUlM: 1(1 1 HE RIo,Hr., HAVING: 1\ RIIlllUS OF ~J$,DO FEEt, A C!NIRAl t\nCl.E OF 07'00'12., ... CHORD BtI\RING or II 7lJ'57'39iY, AND A CHORl'l LENCIH 01' 28.71 FtET: lHENcr "l.ONr. lllE ARC OF ~"Jl) eLIIl'.'!:, "'" IiRC LENGIH Of' ;~ 7;! ftET 10 lHE POIHl {IF T...JoroENCY (JI' S.AlO CURVE.: lHENCE N.67'~7'JJ"W.. fC/l\ 119,'8 Ft:t1 TO lH~ PQlNf OF CURVATURE: OF " CURVE 10 niE Rlr-Hr, H"VINC: " RAllius OF :US.OIl FEn, 1\ CENrRAI. ANGlE or ~]' 4 I'J(l", ~ CHORO Bf.ARING CoF N ~5' JS'A7-W, /\If!) " CHORD L!:NGrH or 15<,57 ,EU; 1HENCE Al.~ THI1 ARC oJF SAID 'CIIRVt. 4101 AIlC lENCfH OF lS6.n FEEf 10 'HC P(IINI OF REVI;llst CLJI!VI\IURf 01' Ii CURVE 10 lHE LErr. HAIIlNG: Ii RAOIUS {If" 300.00 rCEI,. ... CEN I/tAl AJorGLE or 41'55'20", Ii CHORD BEARlNC 01' tl,"4'41'4~iY MIi> A (;HC'IJD lENClH Of" 214,64 rEE1: 1HENCf ALONr. THe ARC OF SAlI1 CLIIl"t. 4N ARC lENGTH <)1' :! 11l,50 FE(I TO 1HE END O. SJoID CUFM:~ lH[NCE t:l. 17'4i'$~"(_, FOR :JJ~ rCET. IHf;NCE N76'')l 'tl'W" "011 167,!l4 FEEl: 1HENCE N,~S',4I'2~"W" FOil 504,55 FCll l.J IHE Pl)lNf or CVRVAlUllE. OF ... CURY!: 10 tHE lE:F1, lil\V1NC: 1\ Rl.DlUS or 51.'0.00 FHT, A CENTRAL ANGLE: at 2G'4~'41.. 4 CHORD 8EARlIiICOr 101 78'I)J"J"", "'ND 1\ CHORD lCNGIH OF' 271,!>4. rECT: THENCE ALONG 1M[ AIle or SAID CURVE, AI'( AAC LENCTH OF 2~II,07 rEn 10 rHE POINI OF It.NOENCY or SAfe> CURVE: lHCIolCE 5,S"33'57"11.. FOR 59",,]1 rEEl 10 Ii POINT ON A CURVE 10 lHE RICHI, HAVIIo/C: A RAOIUS or 217 ,I FrEI, Ii CENTRAl. ANc,;lt QF '5"24'.33-, " CHORD StAIIINC 01' S,O" 1!l'Ti"\,{. AND " C110fil) LENI;TIi OF 205,~~ "EEl: lHENCE ALONG 1He ARt OF SAID L"URvr, AN .lRC LENGrH or 2"1 J,SS 'EEl 10 IHE PC>INl or IlEvERSE,: CUirofl\IURE OF' ,., CUlM 10 IHE LEFT. HAVlIlG: A RJ,OIUS OF 110,00 rEEf; A. CEN'TRAl ANGLE OF 6.43'J7", A CHORD BeAIlINt; OF S,1,)2'54'1')"E, AND A CHORD LENGTH I)F' 120,99 rEEl: lliENCE ALOllG lfo1E ARc OF SAID CURII(, AN ARC LENGTH or 128, I' HEr TO fl1E POllolT CF REVERSE CUIIVATURE OF A CURVE TO HiE RIGHT, HAVING, A R',DlUS Of 90,00, rEO. A CENTRAL ,l,NGlE OF 65'23'01", A CHuilr.o llE,t.llJNC 9F s,O)'O~'~I't, ANO II CHORD LENGTH 01' ge,5~ FrET: , HP:NCE ALONe lIIE AIIC 1)1 SAlO CURVl. AN ARC LENGTH or 104,26 rEEl 10 IHE ENI) OFSA'D CUR\IE: 1HENCE ;,48"21'591:.. r'om J7,17 FEET; 'lHENCt N,e"~J':;!7"E.. FOR ~IlB,19 I"f.Er TO lHE' POINr or CURVATliRE or ... CURvE to T.IoIE RlCHT, HAYING: 1\ RADIUS or 190,00 rEEf, A CENTRAl. I\NG.t[ OF ~5'05'46-. 4 CHORD 8[,IJ\JNG {IF 5.69'503'10"[, AND ^ CHORD ll:NG1H (IF 14'.11 FEET; 1K[NCE ALONe lHE ARC OF SJlID ':URvE:. AN ARC LENGTH OF '49.54 FEEl 10 lHE POINT Of liE VERSE ,CVRYAlURE or A CURvE TO IHE lEFT, HoIIINC: ,I, RADIUS Of 500,OU rEET. A. CEN'lRI\l ANGLE Of 10',5"2", A CHORO BEARINl) OF' S 5<' J2'~n:, AND A CHORD UNCTH I)' !l0,81 I'U:T: ( ",.. EXH.IBIT !IJ E" ~ OF 9 /") ,._~~ ~... "'''' Ag,~nda Item No, 8e ;,"",~ctober 24,2006 , Page 182 of 273 ./ OR: 3929 PG: 301B V e -- THENCE ALONe TlIt ~ :O~ $~ CUIt\It, An .Me lENGtH Of"- 90.9;1 rEa 't'0 'I:IE: POINT or .'I:~Gtllc:r 01' SAKI CURVE; l11ENct: S,;iT4:l'ZIl"E., fOll" tll2.,7hFEET: T'M!)ICE 5.71'31'3'"E., fOR QO~6t1 fEET: THENCE 5.78'05'48"E.. F'OR 20),21 1'[E'l'; THENCE N.~'.3l'15"t., fOIl 11>9,'%2' fEl1T JO ... POINT l>>I A CURVE 'TO tHE RlCIi1. HAVINO: "'RADIUS or, 225~OO FEET. A CENTRAl.. ANClE 01' 3TSll'4", 1\ CHORD 8fJ\R1lolO' or S..:l9'47'S!I"E. AND A CHORD lENC~1:'l OF H6.U, reo: ' ' nfi:NCE ALONG 'rHt AAt.W .SAIl) CURVE. AN MC UNcTH 01' 149,15 FEO 'TO 'l-!E POINT of REVERSE' CllRVAlURE or A C:VRIIE TO lHE LEn. tlA"'"'C: A, R~lUS OF -270iDCI FIlE'!, II CEtlTRAl. IllNCLE OF I "09'37-, A CttDRlJ Ill!:.fJllNO' OF s.zs-,tJ'h'E. ANll A ciiORO, \.€NG'TH or .S2,~1 fEET':: ' - THENCE ALONG '!liE loReOF' SAID .CURVE. ".., MC lENCll1'l OF' 52.511 f'EE'! TO lHE EilIO or SAlO CURVe:: ' ,- . THENCE' S,2J'411'41"W~ FOR Uie,,41i FEET: ,THEi'it:1! S.:i3'OI'D9"E.. FOR 72.9~ I'EO: lHENllE S,13'?1'30'E., FOR 123,18 Ft!:T: THENCE s.sZ'01'33"W'.. FQR 93.07 f'tEf; THENCE: !iJ)J'S5'02"E., toR 1 !l3.4" FtCI': TME:NtE S.60'\O'J6"t., .f.OR 7 use rEEh ' THENce S.$~:50'15~. f'QI:l 297,50 FEET; !liENtE N.:WOl'05'!.. FOR 21:l,Oe FEU TO " POINT Off " ciJRVE TO THE l.EFT. W.~lllG: A IWlIUS Of ~45,'4 FEEl, II CElffRIiL ,\NGlE OF 2"59'44" " CHQAO .BEAAlNC l;lF 5,\0'45';)0:"[. AND" C1iORD' LENGtH or lJU~ n;nr' . THENCE ALONG THE ARC OF SAID CURVt; AN ARC lENGTH OF 13Z.50 FEET: ' " THE"lCE 5.2I'45'2B"[,. rOR 5'88,04 FEET IG THE POINT OF CURV"TUflE Or " CUM 10 'lHtRlqJfT, HAVING: II RADIUS OF 575,00 r.~ET,. A CENTRAl.. ANGl.!!: OF' 41"17'35', A CHORD BEARING OF" S.02'S3'30"W, AND' A CHORO LENCTH OF" 419.8~rEEl: THENCE: ALONe THE ARC OF liND CUlM:. <'N MC ltNcfH OF' 494,75 m:r TO 'THE PoiNT OF' REvERSE CURVA'lURE: OF A CURIit TO 1HE LEn, KAIJI<<G: A RADIUS or 5~S.OO rE&:'!. A CEIltllAl ~GLE or 05.56.27..,.... CHORO SEMII\C or S:.zn-4"to"VI. AND A CKOIiO lENG1~ or 54.41 I'Err: THENCE. ~ONG Till: Me OF ~D CUR'./E. AN ,AIle lENGTH 0.54.44 I'l:O to TRE POINT Of'. ,^"GtMCY or SAlD C\J1tJE: 'THENCE S,2":5_G'IlD'"YI.. FOil 23ue fEET TO 'HE 1"OlllT or C\iRYA'UIlE 01' ".CURV!;: 10 1Ht R1Gl1t, HA'iIINQ: " RADIUS OF 25.00 FEEl. A CENlRAL ANQ.[ DF B.3'.29~OO". Jo ClolOllO BEAIllKC 1)1' S,6~~20'JO"W, AND 1\, CHORD LE~l:TH' 01' 3J,2il FEtl; THENCE Al..ONC mE ARC OF SAID CURV!, AN ARC LENGTH or :)6.4 J F'EO TO THE POI.NT OF TAJoIClE~CY OF SAID CUM: ' THENCE N,n'SS'Oo":N.. FOll loe.a,7 FEE:'T 10 THE: POINT OF CURVAl\IRE OF Ii. CUJM: TO THE RIGHT. H,r,VlIlG: A RPDIUS OF' 200.00 n:CT, ,r, CENTRAl /INGlE or 12'08'5J". Ii. CHORD !lEAR~G or /01.68'50'''4 "W, mD Ii. CI-IORD LENCTH OF ~2.32 FEE'T; !'HENCE ALONG TilE Me' or SAID CURVE, AN ARC LENGTH Of' 42.010 fE!;T ,TO THE POINT OF' TANGEHCY or SAID CUfNf:: TIiENCE tl.62'45'OB"4'.. FOil '45.65 rro 10 tHE .pOINT .OF ' CURV....TURE at" A CURVE: TO THE lCFl. H"V1NC: A 'MiliUS or 300;00 F"'EEl, A CENTRAl. ANaL( OF 11'Sr':I-7', Ii. C~'ORC 6EMlNG OF "'.6B'4Z'06'W. AND Ii. CHORD IbIGlH of 6'2.ii2 FEE'T: ~ENeE Al.01olC THo .aRC or. ~l) C~AVE, Nl MC l.6roTH or 62.1.:! rEC\' :ra 'T\{( POINT OF TANGENCY or SAID CURVE: ' n{ENCE: \oI.74'3B'05"W.. FOR I,Q,26 nET TO lHt POINT OF CURVAlURE OF -A cufl\lt '0 lHE; RlGKl, HAl/lllC: A R.&J)IUS Of' 15.110 fEET, A CENTRAL ANGLE or 3lr5z'12', Ii. CHORt' eo.R~G OF N,:iG'11~l)9"", ~D A CliORO \;fNt:lHOF lS,Sl FEET: . THENC( AUlNC THE ARC Of' SIIIt> CURVE, AN .o:RC LENCTH OF I G,og FEET TO THE E'llll OF SIIID CURVE.: THENCE 5.74'38'05"E.. FOR S~.26 ftET 'TO lHE POINT OF CUlNA'UR'E or A CUR\'!: 10 111E RIGHT. HAVlNC: A R.IlDlUS 01' JO~.oo FtO, II CENTAAl ANGLE or 1 \'51'S7', A CHORD BEARING; OF 5,68'12'05'[, AND ACHORD lE:NCTH or 6.:l;ll5 FEET: TI~ENCE Al.ONG THE IIRC OF SNI) CVRVE, AN ARC l(NCrH Of 63.17 FEET TO THE POINT 01' TANG!;NC'r' OF SAID CURVE; THENCE: S.6Z 46'OS"E:., FOR 40.84 reEf: mENCE. N.I7'4~r~1:.. fOR 410.0'1 F"EET 'TO THE POINT Qr CURVA1URE OF A CURVE 10 THE Lm, H,WlllQ; A R.f.OIUS OF' 7Zl)_OO FED. A CENTRAL ANGtE: OF 3J'4~'2!l'. /0. CHORe BEARING or N.OD' !)'('.(U t.. "WO /0. CHORD LENOTH Of 4 ~O,4'1 FEET: r~t."Cf. .'\ aNt; 'THE ARC Of 51.10 ~URvE, AN "'IC LENGTH or 476,53 Fl.n II) i.IE POINT OF TAtlGEIlt'( Of' 5"10 t:VRVE; IHeJ:(I~ ',.,I:,'5-J.:.s''W.. FOR 234.00 Frel 10 THE POINT Or W".MU~E. 1)1' A CurNE 10 '~lE \.tFT, ""VlIICl ,. RADIUS oF' \30.00 fF.!:I, /I 1.6NTF!AL ANCLE OJ' 49'~l'03', A CHORD SEMING OF -N&l:49'g~,~CHORD l!1-IC1H or 1~Z..fEET:.~ EXHIBIT II 8 n 3 C)~ 9 l' ~ , . '-...... ..r OR: 3929 PG: 3019 V l'kENi:E Al.OHG THE Me o.F' SAID. CURVE, A.N lIRe LENClH DF' 11.\,11 FEEl TO THE POlHT or ,CONPOUHD CURvATURE OF A CURVE TO. !'HE LEn, HAVING: ... .RADlUS o.r 50,oil FEET, '" CENlRAl. ANGLE 0." ZS'.)4'2Z", A CliORD BEARlNC aF IU8'')1'49'W. AND ... CHDRD Lr"IGTH 0.1' 22. lJ rE Er: . . THENCE Al.ONli THE ARC o.F'- SAID cuRVt, AN -'IlC l(NCTlt OF 22,32 F'EEt TO. lHl: POINT of' rANCEllCY Dr SAID CURVE: lllENCE S;1l/l"cl'OO"VI.. FaR 19$.24 rro TO. TIlE POIi'll o.F CURVATURE 01' A CURl/( 10' lHE LEn, HAVlNC.: ,. RA\lIUS OF 1,)0..00 FCET, A CENTRAL .ANGlE DF 84'5$'05,', .. OlORD IlEAIIING DF S,46'13'28"W, AND,. CIiORO lENClW or 175,52 fE~; THENCE Alo.NG TKE NlC OF SAID CURVE, AN ARC lENGIH or 192.67 FEEf TO llit POINT or CCIolPQuIlD CUIlVAI\IRt ar A C\J1lIIE TO. THE LCFT, HAYlNC: ... RAIltUS OF 500..00 FEE1, A CENTRAl. ANGLE DF' 2r~'24', A CHORD BEARING OF S, I 0' II' 4"7"1:. oU/D A CI-IORI) l!:NCIIl or 24iU7 FErt: THENCE Alo.NG: TIft .r.IlC or SAID CIIllVE, AN ARC U:NCTH 01' 2.3,6B FEET TO. 1'I1E /'OM OF RtvERSE t:URV~RE o.F ,. CUR.vt TO. THE R/CHT, HAVlNO: ... RADIUS o.r ~;oo rEU, A. CENTRAl. AHGl.E o.r 23'<<)'46', A CHallO BEAllING r:JF 5, r2'IO'O;~ ANO' ... CHOR!) lENCTH tF 2D.!t2 F'tET: THENC!: ALONe THE ARC Of' 5AlV CURVE, AN ~c lEII/GTH Of 20.,66 rEET TO. '!HE POINT Of TAHCENCY aF' SAID CURvE: THENCE S,OIl'78'4,n:., FOR 287,27 FEn; THENCE S,')G'18'02"E., fOR 90.86 FtET 10 THE POINT of' CUllVATURE: Of A CURVE TO THE RlCHT, HAVlNC: A RADIUS OF 80,0.0 FEEl, A CEWR.4l ^NC;lE Of' 6/l"Ot'.}i", A c;HOfiD SEARING OF 5.02'16'45,,(, ......0 ,. CHDRD ltNtTH OF l!9.52 FE;T: THENCE ALONG THE ARC: or SAID CURVE, AN ARC lENGl'Ii OF' 95,01 FEEl TO THe fi;NO or S4lO CUIlVE: THENCE S.721lS'07"E.. FOR 00,04 FtEl TO A POINI ON A CURvE TO. THE LErt:, HAVltolC: A RoWlUS OF 122~,OO fEEl. A CENTRAl. lINGLE OF D"'4!l'31", A CHORD 'BEAAlNG or S,18'lo'0411"W. AND A CUORO LENGTH Of' J9.02 f~ET: THf:HCE Al.o.NC rHE .oJlC o.r SAID CURVE, /VI ARC LENGIH DF' .:19.,0) F'EEr TO THE POINT or T1WOENCY or SAID CUM: THENCE S,15'21'55"".. FdR tJ7.811 FEn TO lifE POlN! or CURvATURE OF ^ cu~'t TO llolE: RlCHT, f./I\\lWC: A RAOIUS or 25,00 FEn, " CE.NTlVJ. N-IGLE OF 90'00'00", ^ CHORD 8EARI,~C OF' S.60'21'S5"W, AND ^ CHORD LE:IolCTH or 3:5,36 F'tcT. THENCE AlONG THE ARC Of' SlJo. CURVE, AN ARC LENeIH OF' J9,21 FEET TO '!HE POII"T or TANGENCY OF' SAID CURVE; 'TKENCE N.7C':J3'D4"W., raR 3Q,91 FEU TO THE POlloi'! OF' CURVATURE qF 10. CURve to THe: LEFl, 1i"V1HC; A RAllIUS o.r 250..00 FEET.. " CEllrRAI. MlGLE .01" 38'13'11", ^ C>lQRO BeIIRING OF' S,87'l5'19"1'1. AI-lO A CHORD LE"'G~ or 1:55.42 F'E:1:l'; THENCE AlO",c THE: Aile OF SAJI) CURV[, AN lIRe LENcrH OF 158,04 FEEl TO THE POIHl OF TANGENCY or. 5.0.10 CURVE: THEI\lCE S,69"'Da'C4"W.. FOR IJS..59 rrET: THENCf: N,JS'43'J9"W., fOR 116.50 FEET; THENCE 1I.2S'IS'5,3"W.. FOR 398,82 FEEl: THENCE 1/,011'.30'4-1"".. fOR 82.2.0 fEU; THENCe 11.02'26'00"[.. FOR JZ 1.58 FEET; TJiEIICE II 66'2n.5"E" FOR 37,86 FEEl: THElleE 1I.5I'55'25"t.. FOil ",24 l"EEI: Tt1ENCE 11,84'55',77"[" FOR ~Q, 18 rEET: THENeC N,51'12'13"E" rOR 32,03 FEer; THENCE 10105'27'30"[" FOil 38,73 rE[T: THENCE N,3S'H'13"W.. fOR 29.88 FEET; 'THENCE N.B:t2J'SO"w., FOR 27~5 FEET: THENCE: N,5'I':;O'0<"\Y,. FOR J2,159 FEET; , THENCC 11,04'52'04 "IV.. FM".2< fEET: TliENeE 1l:~9'56'45"E.. FOR 127,37 FEET: THE:NeE N-08'J2'"7'W,, Fall 58..J8 FEET: THENCE 1l.08'32'3.1"w.. FOR 30,98 FEET; THElleE 1l.':l'l"46'39'W., fOil ,1".26 FEET: THEllce N,80'49'02''I'I., FOR 23,62 fEET; THENCE S,6576'SO'W" Fo.R 77,28 FEET; THENCE N,39'J7'29"W" FOil 30.59 FECT; THENCE IWO's6'1 n., FOR 62,32 fEET: THENCE 1l,13'OS'J..W.. FOR 52.26 FC(T: THENCE: 11.I2'07'S5"t" rOR 71,76 FEET: THENCE ",26'27'211"W., Ft'R 30.23 rEET; JHENCE N,42'Jll'2~"W., rOR 213,71 FEEl: THENCE N,43'o.7'55'W., FOR 84,94 rEET; THENcE N,28'OI'05"W" FaR H,67 FrCT; THENCE 1l.46'39':;7"W., FOR ISO.80 ffC1: . THENCE 1I,66'26'54"W., FOR 69,79 HET: THENCE N,BS'.:lO'J6"W" FOlt IZ.'$,43 "EEl; THENC( S, ?9'09'4S"W.. FOR 42, II F((T. THE:NCt H,Bl~2::'Q"W" FOR 13,~ FEET; THENC( N.81'2~':'4"W., FOR' 162,41 FEEl; 1'HEt>/cr N.::S6'09'~9"W., ~Oli 71.07 FE IT; r1I1'NCC N.e9'16'02"W" FOR 37,15 FEET; 11,l}JCE5,e5'::S~'55"\Y., FOR ,~5,1l7 FCET: I III NGE S,!j4':)7'J'4"\Y.. FrJIl 31,.)1 FUt I'll "'ISE [;,'lS'14'46"W.. FOR 1~,~ 1 FtET: . IlIlC( 5,63'06'06'1'(.. FOR 116,24 ,En; 1 'tl,CE S,10'32'08'W.. FOR 43.5J FtEl; "IENCE S,40'2g'O,2'E.. FOR 41.54 FEEr: HlENCE 5,OTIr,'49"E:" rOR 9J,gol itEr; THENCE 5,15'1.)'05"(" Fon 72.l1 FEEl; THENCE S,;lI'04'16"YI.. mil 1!f,22 rEEl; (] '~~-tm ; EXHIBIT -B 17 if ~~ 9 Agenda Item No. 8e . 276~ODer24, 2006 · ge 183 of 273 e ~ ( THEN~ S.ro.SS'II"vi.. f.OR 89.8~ FEEl: THENCE "5.2Y.Oll'~.O"E.. FciR '134.\' FEET: THtNCE'S.JTU';l7'E.. I'M IS.OO FU:T: tHEHc:t: S.111~ 17" ;)"E.. FOlt ;)8.22 FEU: THENCE S,IlJ'05:27"!... FOR '207.611 rEET: THENCE 5.0TIJ'57...... FOR 10UII Fro: THENcE !i.JT4S'61"E.. FOR tlll.54 rttr\ ,!ilENe!: S; I7'DB'4B'[.. ~OR 18'2.56 FaT: THENCE S~;).O'~'E.. FOR ;)6.9' rEE'f.; 'THENCE. s. !1T,46:J6"E.. FOR.14.71 FElF:t: 'Mt.i~ S.54:0:i3~:t.. ,FOR 107.89 FttT: THt'NCE S.~O'P7'" 1 'l., FOR' J \':11 FEeT; l~E S.,n6'3e;w., rtlR 55.411 F'tET: THENC,F: S.'4J'.4.Q'1l0 t.. . FOR 12".~4 FEET: lHENCE NJli'U'oo"t., FOR 3S1.5!i FEET;, THENCE N,\9'IS'31"N.. FOR ~'l.54' fEET: . T!'lEIICE 11.57'20'25"\11.. FOR 44.20' F~l; THEilICE 'N"2O'2;5'43"W" fOR Z4,~ FEET: THENCE N.~35'11"E.. FOR 23,!lll FEET: ~NCE N.38'08"62"W.. fOR 40.:39 fECT: TKttlCE ll.p'OS''2I"W., f9R '",0.15 FEET: THENCE N.I\"25','''''.. FOR 33.22 mT: THENCE N.45'1J"3J~.. F'OR ~',"4 fUT; THENCE: U.31'O,""ll"Il.. .FOR 41\.5<4 Fttl:. THENCE 'I.16"31'3.1"...~ 205.,15 F'tCl; THENCE N."r04'02"'<<., rOll 38.111 fE;tT~ THENCE tl.$1'19'21"W.. fOR 48.71 fSEl: TMEHCE 1ol.1&.....~7"'W.. FOR 42.62 FEET; THEJolCt N."T45'~"W., ,.0'" 4'1.30 FtEl: THENCEN.05'S9'14"W., FOR ''',66 fEET; THENCE N.1l2....1.2S"E.. f'Olt 33.G7 FEET: lHENC( N.6T42'Clo"E,. fOR 911.ll1 FEET: lHENC~ $,60'15'22'E.. FQR 47.92 F!C'T: Tl1frtCE 5.0P'21!'-1l1"W.. roR 12.3,83 FEET: THENCE s')5'4B'S6"E., FOR 63.20 ftl:T: l1iElltCE $.6 nB'29"t.. fOR %21l.93 FtF:l: THENCE '5,2:2'44'2'''E., FOR 77.7\ FEETl mElolCE S,O;f2S'17"W., fOR lD4.79' FEET; THENce S.25"1I11"II"E.. FOR ~9, 1 B FEI:T: THENCE s.n'OS'21"E,. roll 22,1-15 FE~: THtNe!: $.38'011'52"[" FOR 19,52 FECI: THEN"E 5,36"52'12'... fOR U9,!!.0 FEE'l: TliENeE $,63::>n.7'E.. FOR 24.;U flttT: THENCE 5.8;1':18:30"1:" FOR 70.77 FE(l: T~EHCE S.:I7:20'S4"W.. rOR 155,65 ftEf: TktNCE 5.96'27';>1"W., FOR 18J.B3 FEET: THtNCE S.JTI1's:..."E.. rOR \14.15 FEEt: THEHCE 5.:19'33'33"(.. FOR le6,24 FEET: 'l'HENCE 5.45'28'03'[., FDR 188.09 tEET:' 'l'HEHCE $.39"17'22"E.. rQR 147"14 FEEl: TH~a: s.JSJ7'JS'E" FOR 147.23 reET TO THE POINf Of' CUflV...TURE or ... WIlVf: TO ,THE lErr. HAVlNC: ... IWllUS OF 260,00 rEP, A CEl/mAI. AHGLEOF '01'12'3"'. A CHORD etARiNc OF 5.,70'43'54"E. AND A CHORD lENCtH OF :113.71 FtET: THENCE ALONG TilE ARC:; Of 5",,0 CURVE, AH ARC U:NGTH or 336.76 Fi:eT TO THE 'POINT OF TANGENCY OF SAlO CURvE; THENCE N,7T09'~7'E_ FOR'i7~.21 fro TO "POINT ON.A CURVE TO THE RIGHT. "'...VlIoIe:: A IlAl>IU$ OF :J~O,09FEET.A CEJlTRAl, ",NOLE or 35'35'39-, ... CRORO WRINO OF 5,1I1I'31'JO"1:. />.Nt> A CHORD' l. NCTli OF ~J l,J~ rEn; THENCE. ALOI'IG' THE ARC OF SAID CUlM:' />.N ARC LENGTH OF 235,76 fEET TO tHE POINT OF. TANoENCY OF SAIQ CU'M:~ THl:tlCE 5.69'13'47"(., FOR 12ll,4a fEU: . 'THENCE S.ll'S9'45~E.. FOR 27M5 FEEl: THElleE N,18'OO'15~E.. FOR 190.lll FEET: THENCE 5.7n5'OO'E.. rOR 16,Jti FEET TO THE PQiNT Of CURvATURE OF " eU1l1'E TO ntE' mOHr. HAVlN.G: A.. AAolllS at 25.00 FEET. A CENTRAl. IioNCLt OF 79"~6'S5". A CHoilll BWING Of 5,3:1'00'02"[; AND ^ CHORt> \.ENGTH OF 32,08 FtET~ THENCE AWNG THE ARC OF SAID CUlM:, III ARC lENGTH OF ;)4,83 FEET TO THE POlNl' OF COUPOUIolD CURl/ATIJRE OF A. ClJIlY( 10 THE: RIGHT, HAWlC, " ~IUS CjF .:io.OO FE.Et, ... ctNTRAl. ANGLE Of' 40'\6'14"" A CliORO BfAAING at S,2S'OA'O!"IIl. ANI> ... CHGRD . I.E.NCTH or 3"'..45 FEET; THENCE ALONe THt ARC Of SAID CURVE. AN ARC LE'NGTH Of' J5.17 FEET 10 nit POINT or REVERSE CURVATIJRE OF " CURvE TO TKE'. LEFT. HAVlNC: A AAOlU5 OF 125,OQ n:ET. A CENTRAL ANGLE 01".' '. . .. !ln2'20", " CHORtl BEARING OF S.,OI'O.3'OO"(, ...we " OMORI> lENCTH or 180;55 FUl; .. THENCE ALOlle; THE ARe Of SAlO CURVE, AN ARC lENGTH Of 20Ul9 fEET TO THE: POINT Of Rr.vtR5E CUR.......TURE: Of A CURVE 10 lHE RICK!. I'IAI/INGt ... RADius Of 7!>,QO.FEET, A Cl:NTllAi. AllGLE OF' !. 4B'2"1~., A CliORO BEARIWC OF 5.2S05'~'4"E, AND ACHOR\) LENGTH OF' t;l.:l& fEEl: . THENCE AlONG THE ARC o.r SNQ CURl/E. ~N ARC LENCTH or. &3,4J fEET TO '!fiE POINT Of' COMPOUNO CURVATURE Of' A CURVE TO lliE RIGH1, HAVlNG: A RADIUS 0.1' 25,00 FECI, ^ CEtlffi"'-l AHGlE Of' 102"'l4'j9'; A CHORD llU,lltNC 01 ssr 1 S'22"W. AND A CHORD LENGTH or 3Il.!12 FEET: THBiltE ALONG mE ARC Of SAIll CURVE. M ARC LENClH OF 404.6' Fr.El TO THE POINT OF' REVERSE CURl/II.TUI!E Of' A CURIIE. TO IHE LEn. HAVING: " \W)IUS OF \250.QO FEtT. A CPlTRAL AlJCLE or 20'32'42", .... CHORD BW\~ OF N,lle'5J';i9"W. .4N0 A CHORD LENGTH 0F"~.~Ml2 FEEl; , . ,. '\ e e . . 1": - . . Agenda Item No, 8e r. " UK: ,/bj f~: U5.Jpctober 24,2006 Page 184 of 273 '~,OR: 3929'PG: 3020" .. e EXH'B1T" 6" 5oF9 -----.--r ..; . ,.-.-----.-...-.._.__~_ -_0_..__, Agenda Item No, 8e . . ~ 6R,' '1 "'63 Octo1>-e-r 24, 2006 f./ . PG:~e 185of273 ..f OR: 3929 PG: 3021--./ I FlENCE AU>>lC THE ~C o~ SAID CUR\/(. AJ./ ARC l.E~GTH 0; 448,~2 rro: rQ THE PQINT or TANCENtT OF SAID CURYE: THOIet S,8TSO'OQ"W,. FOil :;O~. 78 FEE'! TO lHt N~TH l.INE OF PEUCAN /lIARSH 801)l.EYARO '!NO THE POINT OF' CURvATURE or. A CURvE TO THE RIClliJ, t.f.\IIING: A RAllIut Qr 400:00 rEa. ... CENTRAL i.Hct.C or ~2'49'OD", A CHORt> eEARJIolC or N.70'4S'3Q."W. IINO II CHORD LEtlClTH OF 3~~,e I F(n: THENCE AlONG SIJO NORTH RICHT OF 'PlAY LIIIE AHO THE MC Dr SAID CURvE. AN ARC lfNGTtt or 368,73 rEET TO THE POlNT or T"-NGENCY OF SAID CURvE; THENCE ALONG SAID NORIH RIGHT OF' fiAT LINE N,4.'2I'OO'lv,. FOR 500,115 FEET: THENCE AlONG SArD NORIH RIGHI OF WAY UNE 14,40"47'31"11'" FOIl 60.57 fin; HlENCE AtONG SAID NOIlTH RIGHT OF' WAY UNF: 1'/,44'21:'00"W., FOR 56~ 9& rEET 10 THE POINI OF' C!JRVAiURE or A CUlM: T.O THE lEI'T, HAVING; " R"OIUS or 3.5.5.00 fEEt. A CEi'iTIW. ANGLE or 41>\7':10-, A CHORD IJfARltlO OF N,67'2i'~O'YI, AND " CtlORD LENGTH rJF 279,07 rEa: rHENCE "LONG SAIl) NORTR IlICH1 or W"Y UNt AND "It: Me or s...ID CURVE, AN ARC LE~Gl 1'1 OF 286,80 FEU TO TliE: POIN! or TANGENCY OF' SND CURVE: THENCe: ALOHG SIoJO NORTH RlliHT or WAY UNE S 89'21'40"w.. rOR 147,55 F'EET TO THE: POINT OF CURVATURE QF' A CURVE: TO THE metlT. HAVI~G: A RADluS OF 25,00 FEET. ^ erNIRAL MlGLE OF ;}/l"52'1I-. " CtlORO 8EARIIoIC or N.72'12'IS'IV, ~D" Cl~ORO LENGTH or 15,81 F[El; TliENCE ALoNG SAlp NORTK RIGHT or Wf,;t LINE AND THE ARC or SAID CURVE. AN ARC lENG1H or 16,09 FEEl TO THE tHO OF SAID CURVE "NO TO A tlt-lE TWoT IS .10 FEET' EAST AN!l PAft,I,I.lEt WITH ~E EAST lINE: or us ~l (150' WIDE): THENc;E: ALONC SAlO LINE N.OO'J8'2G"'w.. rOR 12SI.9J FEET: THENCE ALONG 5AlO I.JNE N,00'39'r2"'w., fOR 827,6.9 rEET; TilEt1CE N,89'20'45"[,. FOR !l&7,1'O FEtt i" A CDRNtRON THE NORTH UHE or: TRACT "B- AS RECORDED IN PL1\l BOOK ~3, "'''GES 5~- !>6, . COLUER COU"llV. F).ORIOA pu9i.iC RECORDS: T>/EHCE "'LONe SIoJO NORIH LJIo/E lKE FOlLO\YII'lO SEVtN (7) OESCRIBE:D COUIlS ES: 1) THENCE N.5 7' ~ 7'~~"[.. rOR 46.92 F'ttT: 2,) THENCE tl.l;8"JS'2'1"[.. FOR 110,88 rEEl: ,}) THENCE N.017Jg'12'W.. FOR 187,$2 rEET; 1) THENCE: N,774"4Q."[.. rOR 573,75 f'EE'T: S! THENCE S.72"59'(I:I"E,. rOR 785.112 FtCT: 6 THEHCl: 5.00'39'15"E.. FOR 27.71 rEET: 7 THENCE N89'20'45"1:., rOR 503,7& r('tT TO THE E!.ST UNt or SAID TRACT "aM; THENcE ALONG $ND EAST LINE S,OC'J9'l!'.E:., FOR 100.64 F'EtT: THEtlCE ALONe. SAID TR.ACT 'e" S,89"20'cS"w.. FOR 5$.(5 FEET: THENCE LEAVING SAID ~ "Il" S,IO'4S'SS"W.. fOR 1'01.4.2 f'EET TO THE SOLtTH LINE or ClltEKSIDE COIAIERCC PARK WEST-UNn ONE. AS RECORDED lit PtIIT BOOK ZS, PJo.CES 57 '" 'e. COL~IEn COUNTY. r~OR1D" PIJBLIC RECORDS: THENCE ALONG, SAID SotJlH UNE lfIE FOl.LOWIHG SEVENTEEN (I?) DESCRiBED COURSES, 1) THENC( N,89'2,O'06'E.. FOR IOI.0~ n:(T; 2) T/iENCE N.l0'!l4'~1-E,. rOR J4,&4 FEET: J) THENCE 101.15' J!1'57'E., FOR 20,~ FEEl; 41 THENCE. "'.,3:1'25'42-... FOR 1 9,9' rEET: 5 THENCE N,51'O\ 'OS'E.. roo 27.49 FEEl: 6 THENCE N.B:N4'D8"E.. rOR 26,23 rEEl; ? THENCE N;89'06'33-E,. rOR 42,U FEET; 8) !HENCE S,89'JS-().J-E.. FOR 3G.OJ FEET: 9) no/ENe.; 101.89'39'1 1"f:.. rOR 7l.6J rEET: 10l THENCE N,89'Jo3'17'E,. rOR 18,,36 I'm TO IHE POINT or CURV....1URE OF " CURvE TO THE 'RIGHT, HAVING: A RI\Ol\JS Of 305.00 ,,(!t. A CENTRAL ANGLE or J2'55'59". II CHORD !lEARINC or 5,8.3'58'44"(, ANO A CHORD LENGTH or 58,70 FEET; II) TtlENCE ALON!; THE ARC OF SAID CURVE, AN ARC LENGTH or 68,85 FEET TO HIE POUo/T OF REVERSE CURVATURE OF ^ CURVE 10 THE LEn. H..V1NG: " RADIUS or 50,00 FEET, A CeN1Fu,t. IINGl,E Of 36'26'24", A CHORD BEARING OF N,84'15'06'E. AND 'A CHORD trNCTH OF 37.52 F'EE:T: 12) Tl4tNCE ALONG THE f<RC Of' SAIQ C\JRv!. AN AIle LENCTH 01' 36,' 8 FEET TO THE POINT OF RE.\lERSE: CUflV~lLiItE 'or A CUll'I( Tel THE RIGHT, HAVING: A IlADIUS OF 80,00 Fro. A .CEN.TR"'~ ANGL( or jJ'.Q4 '22", A CHORD BEARING. OF N,62'35'O~ "E. AND A CHORD LENGTH or, ~S,S4 rEET: ' 13) Tl4EI/CE ALONe lHE ARC or SAID CURVE, AN .ARC LENCTH or ~6.16 FEET 10 THE POINT or T"-NCENCY Of' SAID CURVE: 1~) THENCE S.8lT5Z'50t:". FOR 36,551 rEET TO THE' POINT OF e ~ EXHIBIT if B \Jr to OF 9 ( e A~a Item No, 8e ;' " i \ im~ 2163 PG; . ober 24,2006 CURVATURE Or A CURVE l\!l lHE RIGIfT, I-lAVlNC: A RADIUS OF 150.00' age 186 of 273 FEET, A CENTRAL ANGLE or- 20'12'56", A .cHORD eE;ARII'lG Of" 5,70'45'21"E, AND A CHORD LENGTH OF' 52.65 FEET: j' 15) THE~CE ALONG 'tHE ARC. OF SAlD CURVE, AN ARC LENGTH OF 52,92 FEO TO THE fl'OINT OF REVERSE CUR'Y'AIURE OF' A CURVE TO THE LEFl, HAVING: /!. RADIUS OF'eS.DO FEET, A CENTRl\t ANGLE Of' J9".30'17",'A CHORD BEARING OF' S.aO'25'on. AND A CHORD LENGTH Of' 44.61 FEn; 16) THENCE ALONG THE ARC OF' SAJO Cl:JRVE. AN ARC LENGTH OF 45.51 FEET TO THE POfNT oF" TANGENCY OF'SAlO CURVE': 17) THENCE, N. 79' 49'51 't, F'OR 45,93 fEET; THENCE N,74'56'42"(.. FOR 121.32 fEET; THENC( N.84'45'32"E., FOR 23,43 "F'EEl: THENcE: N,8T27'OS"E., F'OR 1,)2.37 FEE:T: THENCE 5.69'40'18"E" fOR 12,21 ,FEEl TO T1-lE NORTtt LINE OF PELICAN MARSH GOLf COU~SE. PHASE THREE ,6,S RECORDED II!! PLAT BOOK 25, PAGES 1,4-16. C.OLUER COUNTYl FLORIDA PUBLIC RECORDS: THENCE LEAVING SA1D NORTH UNE 5.69'40 16"E.. FOR 3'7,23 FEET' THENct S,551'49'56'1:.. FOR 132.77 FEET; , , THENCE S.S6'04'4S"E.. F'OR 45,79 F'EEl: THENCE 5.88'3Sl'20"[" POR 97,78 F'EET, THENCE 5.80'39'23"1:" FOR 32.53 F'EEl: THENct 5.56'0'1'43 hE.. FOR 35, 11 F'f;ET: THENCES.3I$'19'n"E., .OR 32.02 rEET: THENCE S.O~'O l'01''E.. F'OR 31.56 fEET TO A POINT ON A CURVE TO THE LID, t;lA'(ING: A RADIUS or 80,00 FEET, A CENTRAL ANCLE Of 21'59'53", A CHORD BEARING OF' S.12'56',04"[. AND /l, CHORD LENGf.H OF 30.53 FEET: THENCE ALONe THE AR,C OF' SAID OURVE, AH ARC LENGTH OF JO.72 FEET TO THE POINT OF' 'l'ANCENCYOP SAID CURV(: THENCE 5.23'SS'oO"E., FOR t3,07 rEET~ THENCE N.89"20'45-(.. FOR 51.20 FtET TO THE Wf:ST RIGHT OF' WAY LINE OF' FRANK aOULEVARO (COODlETTE FRANK ROAD)( 130' WIDE): THENCe: ALONG SAiD WEsr RIGfiT Of WAy L1NE 5,05'34'48"E., FOR, 3066.67 FEET Tp THE POINT OF BEGINNING. . AND AtsP; TRACT CC4., PELICAN MARSH UNIT SEVEN, REF'LAl AS' RfCOR[)ED IN PLAT BOOK 24, PACES 72-74, COLLIER COlJNTY,F'LORIDA PUBLIC RECORDS. TRACT C;C~ CONTAINS 4.62 ACRES LES~ ANn rxr:fl:'r' {LESS PARCEL "A"} "' o ~ ,- c....:> -.0 ~ '-0 e ALL TH^T PART OF SECTION 27, TOWNSHIP <18 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FlORIDA AND BEING MORE PARl'ICUl:ARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST OUARTER (1/04') CORNE;R OF' SAID SEcnON 27; THENCE NORTH 89'21'14" EAST, 10,00 F'EET: THENCE NORTH 00'39'12" wtST, 827,69 PEET: THENCE NORTIol air20'4's" EAST, 45,00 FEET TO THE POINT OF BEGINNINC OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE NORTH BS"20' 45" EAST 365.4:5 F'EEl: THENCE SOUT~ OO~)9'15" EAST ,34.0; FEET; THENCE SOUTHEASTERLY 41..35 rEET ALONG THE ARC OF' A NON- TANGENTIAL CIRCULAR CUINE CONCAYESOuTHWESTERLY HAVING A IlAOIUS' Of 70.00 FEET TRROUGf.I A CENTRAL ANGlE OF 38'4S'2.J" AND BEING SUBTENDED BYA CH ORC WHICH BEARS SOUTH 64-"19'09" E,6,ST 46,45 .fEET TO A POINT OF COMPOUNDED CURVATURE': THENCE SOUTHERLY 259.5.3 FEET ALONG THE ARC or A CIRCULAR CURVE CONCAVE WESTERLY HAVING ^ RADIUS OF 197,21 FEEl THROUGH A CENTRAL ANGLE or 75'24'06" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 07'14'2J~ EAST 241.20 FEE"l' TO A POINT OF REVERSE CURvATURE: THENCE SOUTHE~LY 15HO F"EET ALONG THE ARC OF A CI.RCULAR CURVE CONCAVE EAST.ERLY HAVING ^ RAID.IUS OF I Jt},OO FEET THROUGH A CENTRAL ANCLE OF 56'43'37" ,6,ND BE1NCSUBTEHDE:D BY A CHORD WHICH SEARS SOUTH 02'54 '07" EAST 142.99 FEET TO A POINT OF REVERSE CURVATURE: THENCE SOutHERLY 120.22 FEET ALONG THE ARC pF' A CIRCULAR CURvE CONCAVE WESTERLY HAVING A RAOlUS Of 70.00 FtET THROUGH.... CENTML ANOLt OF 96'24" z~ AND BEING SUBTENOEO BY A CHORD WHICH ElEARS SOUTH 12'56'10" WEST 105,98. FEET: THENCE SOUTH 62'08'1'(;" WEST 75,07 FEET: THENCE SOUTHERLY 48,75 ITET ALONG THE ARC OF' A CrRCULAR CU.RVE CONCAVe: EASTERLY HAVING A RADIUS OF' 30,00 F'EET THROUGH A CENTRAL !\NeiLE OF 93"Of;'13M AND BEING SUBTENOEO 6Y .6, CHORD WHICH BEARS SOUTl'l lS'3~'\O" WEST 43.56 FEET': THENCE SOUTH30'S'7'S6" EAST 3....79 Fe:Ei; THENCE SOUTHERLY 19.94 FEET ALONG THE ARC OF 'A CIRCULAR CuRVE CONCAVE WESTERLY HAV1I11(i A RADIUS OF' 80,00 rEET , lHROUCI'l A CCN'TRAL ANGLE OF' 1"'15'~,3" mo BEING SUBTtNOEO-BY A CHORD WHICH BEARS SOUTH 23'49'J7" ElIST 19.B.9 Fl:Ei: THENCE ALONG A NON-'rAGENTIAL LINE SOUTH 84'13'\4" EAST 1 J 1.61 FED: ""0 ~ e c....:> ~ ~ r-..:> ~ - EXHIBIT" B H' 7 C>F 9 . .~~ellaa Item No. 8e : -~\ -eR; 2763 PG; ~ctober 24, 2006 Page 187 of 273 --------n--.... , THENCE SOulH 1In,f5~" WE:Sf 62,1'1 FEET; THSNCe: NOR'"" 804' 13'1 ",. WEST e2.!J5 fEET; THENCE SOUTH 3J'05'~O" Wfsr 54,13 FEET; , OR' 3Q'9 PG' 3023~ THENGE SOUTH 76'56'51' WEST B~,04 n:E:T: ~ "., · . THENCE NORTH 58'35'2'" WEST 65, I 9 F'EEl: THENCE NOR1'H 15',31'5.5" WEST noo rEET: THENCE NORTH OO"<4l'41" WEST 115,2~ FEET; THENCE NORTfl 28'22'4-7. tASf 171,51 FEET' Tf'lENCE NORtH 17"1""'::'" WEST 106.79 rEd: THENCE NORTH IJ'02'S'Z" ~T 28,51 "Err; THENCE: NORTH 73'30'1<4" WE:ST 5<4,78 FE:E:T; THENCE SOUTH 49' i6'OS" WEST 112,78 FEET: THENCE SOUTH 89,"f7'OS" we:S'T 53,08 FEf:T;, THENCE NORTH 58'00'",,9" WEST 50.4'9 fEt'T: THENCE NOTlTH 00'39"2" WEST 303,"'9 FEET 'TO THE PO/NT Of BEGINNING OF" THE AREA or THE HEREIN DESCRIBED: CONTAINING 5,15 ACRES MORE OR LESS; e ALSO lESS A~D ~XCEP!: (LESS "'''R'CEl "8") eEOIN~NG AT THE SOUTHWEST CORNER or TRACT "c"' or SAID PELICAN MARSH UNIT SEVEN REPLAT: TIiENCE 5.15'52'OO"E" fOR 54.58 FEET TO THE pomT OF' CURVATURE OF A CURVE TO THE RIQH~. HAVING: A RADIUS OF' 500,00 FErr, A CENTRAL ANGLE or 32'.33'00", A CHORD BEARING OF S.OO'2'j'J0"W, ANO A CHORD LEt-:lGTH OF 2BO.2$ f'E!:T: THENCE ALONG THE ARC OF' ~O ClIRVt, AN Af,C LENGTH or 284.05 fEET TO THE POINT OF T,a.r-tCF:;NCY Of' SAlO CU~: THENCE S.16'41'OO"W" FOR 346,21 F'EET TO THE POINT Of CURVATURE nr K CURVE TO THE' RIGI-\T, HAVING: A RA~IUS or 0300,00 fEET, A CENTRAL ANGLL or 33'42'57", A CflORO BE.ARINC OF S,.33'J2'ZS"W. AND A CHORD LENGTH OF 17<\,00 fEET: THENCE ALONG THE ....~C Of SAID CVRvE, AN ARC lENGT~ or 176.54- rt[T TO THE POINT OF REVERSE CURVATURE'. Of ^ c'URVE TO rHE lU'j, HAVING: A RADIUS Of' 175,00 FEET, A CE:NTRAL ANGLE OF' 7r'5J'32", .A CHORD BEARING OF S,I"'27'11"W, AND A CHORD LENGTH Of 205.46 FEET; THENCE ALONG THE ARC OF' SAID CURve:. AN ARC LENGTH OF' 219$8 rEET TO THEP.oINT or TANGENCY or SAID CURVE; THENCE S,21'29'3t'i"E" FOR?522,111 f'EE:4 TO THE POINT Of CURVATURE or A CURVE TO 'THE LEfT. HA.VING: A RAOlUS or 250.00 FEET, A CEN11W. ANGLE OF 43'41'0Z", I.. CHORD BE'AA1NG OF' S,43'20'07"E, AND A CHORO LENGTH oj:' 185.02 n:ETt THc:NCEALONG THE ARC OF SAlO CURVE, ~N /liRe lENGTH OF' \ 90,61 FEET 10 THE POINT OF TANG€NCY OF SArD CURVE; THENCE 5,55'10' 3S"E., FOR , 86,90 FEET TO THE PblN'T OF CURV.4TLlRE OF ,A CURVE TO THE un, ~VINC: A RADIUS OF 55,00 fEE!, ^ CENTRAL ANCLE OF 120'56'22", A CHORD BEARING OF 1'1.54'2"'1 ,.'E, AND A CHORD LENGTH OF 95.? 1 FEET. m~-NCE ALONG THE MC OF SAID CURVE, AN ARC LENCTH OF 116,09 rEET TO THE POINT OF 'A~CENCY Of SAID CURVE.: THENCE N,06'07'OO"W.. FOIt 752.1-4 rEEl TO THE POII'IT Of CURvAT\.lRE Of A CURVE TO THE LEFT, HAVING: A RADIUS Of 105,00 FEET, A CENTRAL ANGLE OF 48':32.'13", A CHORD BEARINC Of N,30'23'07'W,. AND A CHORD LENGTH Of B6.31 FEET; !HENCE ALONe THE ARt 'or S^'D CURVE, "-1'1 ARC LENCTH OF' 86,9:; FEET TO THE: POINT OF' TANGENCY or SAID CURVE: THENCE N.S<\.' 39'13"W.. F'OR 69;36 n:tT: THENCE N,DT38'09"W.. FOR 72,39 FEET; THENCE N,7S.S0'S2"V1,. fOR 22,30 fEET TO' ^ POINT ONA CURVE TO THE f\IGHT, HAVING: A RADIUS Of' I \00.00 FEET, A CENTRAl ANGLE O~ 06'J6"7", A CHORD BtARlNG OF N,17'4.r\4"E, AND A CHORD LENGTH OF 126, 73 rEET~ THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH Of 126.80 FEET TO THE POlN! Of' REI/ERSE C\,JRVA.1UREor A. CURVE TO THE LEFi, HAVINC: A RAtJlUS Of' .30;13,51 fEET, A CENTRAL ANGLE OF' 04'~Q'364, A CHORD BEARING OF' N.une'O&"E. AND A CHORD LENGTH Of 2.38.71 FUT: THENCE ALONG THE ARC OF SAID ClJRVE. AN ARC LENGTH Of' 238,7? FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE TO THE LEFT, HAVING: A RAQIUS ()F'625;OO FEEl, A CENTRAL ANGLE OF 2J'26'25", A CHORD BtARING OF N,04'47'3~-E, ANO A CHORD LENCtH OF .135,17 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENeT" OF' 3.37.52 fEET: ' THENCE N,n'SZ'04 "w., FOR 55,l1 tEET TO THE SOUTHEAst CORNER OF S'A.D TRACT .C~; THENCE COIUlNUE N,n":l2"04"W.. ALONG THE SOUTH LINE Of SAID TRACT "C", FOR 45..39. FEEr; THENCE N~89'08'15"W, ALONe SAID SOUTH LINE, fOR '68.:5'3 FEET TO THE POINT OF BEGINNING. ~ tit EXHIBIT" B · 8 Dr.; q , -- ~ '-- ( '\ Agenda Item No, 8e o c.24,2006 9 1"88 of 273 * , I. . ~ **t OR: 3929 PG: 3024 ***y ", CLUBHOl:lS!: PARCEL At BAY COLONY COLF' COORS[ AT ,Pruc.t.N MARStf. LF.CAL DESCRIl'TION 'OF P~f or lRACT "CG-O, PELICm WARSH CW COURSE. ~HAst TimE!, ~ECORDE(I IN PlAT BOOK ,7:l, P;'GE'S 14-] 6. COlLIER COUNTv, FlORIDA PUBlI'=- I?ECORDS, AND BEINe 1A0R( PARTi(:lJv.ln." DESCRIBEO AS F'Ou.ows: (,OMI/ENCINe AT fHE NORJHtAsi C(IRt.IE!I Of' lOT 63, IlEtotrGRASS SEIlD M THE EST^TES AI BollI' COlONY 'GULF CL09, RECORDED IN PV\T BOOK :n PI'ClES 54 -5.6, COU.'ER COVNTY, r~OR'1'/II pueuc RECOIlDS ANO THE SOUUI RICt-ff Of' w"rUNE OF BFI/rCRAS'> BEND AN[l II POINT ON A CURVI!: 10 TIlE RlCW1, HAIIIHC: A RADIUS or 2,2~,Ol:l FEET, A CENTRAl A'NGLE OF' ,l7'Sln7", A CH()RQ Bf.AAINC or S..30'~r$9'l:, IoNO ^ CHOR~ lENGTH OF , ~&,~ 3 F'EEt; lHtNct AlONG SAil) 5':>UH' RlGf" aF WAY IINF AND THt ARC OF' $Alll CURYt, AN lIRe lENC.H llf' 14~1.I& fI:C1 10 tHE POINI OF REVERSE CURVATURE OF A CURVE 10 IHE leI I, HAYING: A 'RAOlVS OF 270,OU FEEf, A CE'NTRA\, ANGut OF 11'09'.17', A Cl-lORO SEARINC OF' S;26'23"23"E, AND A CHORD LENCIH or 52,:11 rEET; n~tNCE AlO,.,C SI\It) SOUIH RIGHT Of TIM \,INE ANtl THE ARC' Of SAID CURVE, Mo' Me LEN(;'(H OF' ~2,S9 FEtT fu 1ttE END or S/\ID CURVE ANt) IJo1E POINl OF 8E:GINNING: Tl'lENCE LEAIJlNC !WD sourH RICHt or WAY UNE S~2J'4.11'C7"W.. A DISTANCE, or 16S.'~9 I'EET; 1HEwCE 5,23'0.1'09"1:,. A DISTANCE' OF' 72.96 fEET; THENC~ s.r :nt'30"E.. II DtSTAliCE or 123.18 rrEt: THENCE 5,82'07'ZJ"W.. :A b1S1ANCE or: ~3.07 FEE:'\'; TI1ENCE 5;0;r~5'(l2"t., A DIstANCE Of 15.3,41 FEU: THENCE 500"10'36"[.. ^ DISTNlCE or 7 Ul8 rEEl: THENCE: S85:30'15"t.. A DIST;.lNOE or 297,~O F['(T: THENCE 101,5'4'01'05"(.. ^ DISTANCE or 2'1-2.9& fo;l TO THE WESTERLY RICHT 0; VIM LINE or BRASSlE E1t.NO AND ^ POINI ON A C\JRVE TO THE mCHT, W.VING: A RAIiIus OF' l45 14 FEET, ^ CENmAl AN~[ or OS29'1'", ,. CHORD BEl-RING or N',OI'~8'S2.'E. AND;' CHORD LE'~GlH or 2\.00 FErr: THENCE ALONG sAID WESlERL' RIGHT or WAY UNE AND THE ARC OF 541D !:\lRVE, ~ ARC LENGTH 'or 21.00 FEE I TO THE P.OINf Of TI\NGENCY OF' 5410 CURVE: ' THENCE AL-ONG SAI!) WEStERLY RIGlfI or WIlY UNE N,OJ.'4-:l"27"C.. A OISTJiNtE OF' 169,~2 FEEl TO I' HE POIi'll OF CURVoI,TURt OF A CURVE 10 THE 1llGflr, HAVING; A. RADIUS OF 15~,OO fEn, A CENtlW. MIClE or 0,'10'; S", A CHORD SEARII~G or N04'Z2'Sll"E, AND A ,CHORD LENGlH or 3:57 F'tET: THENCE AlONG So'IO WESTERLY RIGHJ or WA.Y UN. "..,0 THE ~ OF' SAlt> CURVE. AN ARt:. I.ENCrH or '}:57 F[tf 10 THE SAIO SOlJ1'1l RIGHT or WAY LINE ~O II POINT or ~EVERS!: CU!lYllTURE or A cuRVt 10 THE lEII, !lAVIlle: ^ RAD1US OF 29,00 IE['t, " CENTMA. ANOlt t>r 711"30'28", A CHORD et,ARING OF N.J4'4:!'31"W, I.N() ^ CHORD lENGTH or 37,011 FEET; Tl1ENCE Al;,ONG SAID spurH RIGHl OF WAY UNE ANt> IHE ARC ot 5""0 CURVE, AN ARC LENGTH OF 4D.:!4 fEEl 10 lHE POINT ,OF TAHGENC'\' or SAID CURVE; THENCE A~ONC SAID SOIJTH llICHT OF WAY UNE N,74'27'4S"W.. 10 DISTANCE OF' 166,21 F-EET TO THE POlitI or CURVAtURE or A !:\JlNE TO TUE. RICHT, HAVlNC: .. MDIUS OF Joo,oo FEET, ^ CENTRAl I\NOLE OF 01"00'1(", .... CHORD BEARlNC OF N,70'S7')9"w. AND A CHC1RD LENG1H OF 36,65 FEET; lHtNCE ALONG 5....0 SOUTH RIGHT or WhY liNt .....0 '1HE MC OF' 5AlD CURVE, AN. ARC LEjo/!;;TH OF 36,67 rEEl 10 IHE POINT or IANGENC'l' or SAlD CURVE: THENCE ALON!;; SAID SOOrH RK'-HT OF WAY LINE:. A OISTANCe: OF 1 \9,.!l9 nEI TO lHE POINI OF' CURVATURE OF A C\:lRVE 10 THE RIGIlT. HAVING: A RADIUS OF" 270,00 FEEl, ^ ,CENlRAI. ANCLE 0; JS'29',;ij", A CI'lDRD IrEARING (IF' N,'>9'c2'S2'.W, AND ^ CHORD LENGtH or 164,58 F'EEI; THENCE AlONG SAlD SOUTH RI!;;HT OF WAY UNE AND TIlE ARC or SA'O CURVE. AN AIlC LENGIH OF \67-24 FEEl TO THE POlNl or SEC1NHINC, EXHIBIT liB" ~ of 9 ~ Agenda Item No. 8e October 24, 2006 Page 189 of 273 -- t. ( AgendfRim Nsf ~ October 24, 2006 Page 190 of 273 e deruntzMichael From: Anthony Pires [APires@wpl-legal.com] Friday, June 09, 2006 11 :51 AM deruntzMichael nsdorrill@aot.com; David Robson; banderson@ralaw.com; Wayne Arnold; atilton@johnsoneng.com Subject: Re: AR-8833 Naples Daily News Rezoning Request Importance: High Sent: To: Cc: Mike: Thanks for taking the time to review the file with me this past week. The Pelican Marsh Community Development District is still evaluating the application and materials associated with this application. At this point, as a result of the District not yet having certain necessary assurances, the District cannot support the application. 1. In the materials, the graphic of the Conceptual Water Management Plan depicts flows from the industrial type printing plant site into Pelican Marsh, into the District [including into the "Preserve"'area encumbered by a Conservation Easement and Drainage Easement in favor of the District]. This plan does not depict said waters leaving the District the same way the waters entered. This graphic and plan is contrary to what the District had been advised previously; i.e. the District had been advised that the flows would go West and South into Lake 43 and then go back North and East, out of the District. 4t 2. As this rezone includes industrial uses associated with large printing operations the District needs to have assurances that hazardous materials such as chemicals, solvents and ink used in the printing process in no way compromise the Pelican Marsh community or the District's facilities or properties. At this point I am not aware that the District has such assurances. 3. the District needs assurances that the necessary pre-treatment of storm water will be done before it is received into the Lake 43 located within the District. 4. If the PUD is to be approved, in addition to addressing the drainage issues outlined above. language needs to be included within the PUD document that requires the owner of the industrial site to pay for the maintenance of the water management facilities that it impacts; together with a collection/enforcement mechanism.. I will keep you advised of any additional comments. Thanks for your consideration. - Anthony P. Pires, Jr. Woodwarcf, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 6/9/2006 Agenda Item No, 8e October 24,2006 Page 9a6f 291 of 273 June 14, 2006 Mr. Ron McGinty, President Bay Colony Property Owner's Association 9723 Niblick Lane Naples, FL 341 08 Re: Naples Daily News Planned Unit Development Dear Mr. McGinty: The purpose of this letter is to memorialize tne agreement between Barron Collier Companies, Collier Publishing Company, a contract purchaser from Barron Collier Companies, and the Bay Colony Property Owners Association. Bay Colony will support the approval of the Naples Daily News Business Park PUD rezone application, which is presently pending before Collier County. Application No. PUDZ-AR-8833 requests that this property be rezoned from agricultural to PUD. Attached hereto is a copy of the proposed PUD Master Plan showing approximate locations. Collier Publishing Company will become the owner of Parcel "A" and Barron Collier Companies will retain ownership of Parcel "B" for the time being. 1. Barron Collier and Naples Daily News agree to supplement the existing ficus hedge which presently serves as a buffer between the proposed PUD and the Bay Colony Development with 80 Live Oak tree 12' high with a minimum of spread of 6' at the time of planting. Additionally these Oak trees will be supplemented with Ficus trees, to the extent Collier County will allow the use of Ficus trees, to create an opaque buffer. Naples Daily News and Barron Collier Company agree to work with the Bay Colony Property Owners association to gain County approval for the use of Ficus trees. The supplementary Oaks and Ficus will be located in the buffer area at field selected locations between the Creekside PU D on the East and the point on the west where the buffer turns South. This distance is approximately 1 ,100 feet. 2. In the event that the ficus hedge is damaged by windstorm to the extent of a reduction in the opaque value of 50% or more, Barron Collier and Naples Daily News agree to replace or reset, whichever is appropriate, any of the 80 Uve Oak trees installed abcbve and install or reset Ficus trees as necessary to restore the buffer as blose to its pre storm condition as reasonable possible considering the availability of tree materials at the time of the restoration. Agenda Item No, 8e October 24, 2006 Page 192 of 273 Page 2 of 2 3. The Development of Parcel "B: shall be subject to the following limitations: a) No outside lighting on the southern side of any building constructed on Parcel UB", and no lighting of the parking lot except to the extent required by County. To the extent parking lot lighting is required, "cutoff" type fixtures or shields will be used to direct the light downward onto the parking lot. b) Any loading facility will be located only on the northern facing portion of any building, and building height is limited to twenty-five feet (25") above minimum required flood elevation. 4. Naples Daily News agrees with respect to the building(s) that it will construct on Parcel "A": a) The only outside architectdral lighting allowed will be on the north side of the building. b) No signage, other than directional, shall be located on the south side of the building. There will be no lighted signage on the seventy-five foot (75') high portion of the building in any direction, nor shall there be any antennas or satellite dished placed upon top of the 75' portion of the building. (Signature) John J. Fish, President and Publisher Naples Daily News 1075 Central Avenue Naples, FL 34102 (Sign Pa arinelli, President/CEO 2600 Golden Gate Parkway Naples, FL 34105 Bay Colony Property Owners Association ignature) Ron, McGinty, President Agenda Item No, 8e October 24, 2006 CO L L IP. (j{' S (j{P.SP. CJt o/P. )I S SO C I)I rr!Begf3 of273 11711 Collier's Reserve Drive - Naples, FL 34110 Tel: 239.254,0862 - Fax: 239.254.n84 www.colliersreservehoa.com-manaoer@colliersreservehoa.com June 9, 2006 Mr. Mike DeRuntz Principal Planner Collier County Community Development 2800 N. Horseshoe Drive Naples, FL 34104 Dear Mr. DeRuntz I am writing you on behalf of the Homeowners' Association of Collier's Reserve with respect to the potential re- zoning of the .U-Pick" tomato property on the east side of the Granada Shoppes. Representatives of Barron Collier Companies and the Naples Daily News have met with me to review their plans for the subject property. On the basis of our understanding of the proposed site development for the Naples Daily News publishing and distribution operations, the Collier's Reserve Homeowners' Association has no objection to the proposed re-zoning. As I'm sure you know, Collier's Reserve is north of the subject property and north of the Riverchase development. While we do not object to the proposed re-zoning, we are extremely concerned about the additional traffic that wi' be forced onto Collier's Reserve Drive as it exits Riverchase (Cross Point Drive) eastbound onto Immokalee Road, as a result of the widening of Immokalee Road. We have discussed our concerns with Bob Tipton, of Collier County Traffic Operations, and have been advised that the traffic signal at Collier's Reserve Drive will be modified to allow a protected left turn arrow for eastbound traffic on lmmokalee and the timing for signal changes modified. We are, however, opposed to any revisions to the proposed site development plan that would divert or create more traffic on Creekside Way, immediately opposite Collier's Reserve Drive south of Immokalee. Our objection is based on the current congestion caused by eastbound traffic exiting Riverchase which frequently blocks Collier's Reserve Drive. If you need to contact me regarding this matter, I can be reached at: 1211 Collier's Reserve Drive Naples, FL 34110 239 - 513 -1296 ~~ Member, Board of Directors RECF~\/ED JUN 1 4 /005 ZONING DEPARTMENT e Agenda Item No, 8e October 24, 2006 Rev. 1 Page 194 of 273 PUDZ-2005-AR-8833 PROJECT #2005110029 DATE: 4/21/06 Michael DeRuntz NAPLES DAlLY NEWS BUSINESS PARK. PLANNED UNIT DEVELOPMENT PROPERTY OWNER LIST Folio Number: 29331190521 Creekside Commerce Park Property Owners Association, Inc. 2600 Golden Gate Parkway Naples, FL 34105-3227 Folio Number: 29331190660 Creekside Commerce Park Property Owners Association, Inc. 2600 Golden Gate Parkway Naples, FL 34105-3227 Folio Number: 00168040601 Ocean Boulevard Partnership II 2600 Golden Gate Parkway Naples, FL 34105-3227 e Folio Number: 00168046003 Ocean Boulevard Partnership II 2600 Golden Gate Parkway Naples, FL 34105-3227 Folio Number: 00168042900 Ocean Boulevard Partnership 2600 Golden Gate Parkway Naples, FL 34105-3227 Folio Number: 00168042803 Ocean Boulevard Partnersbip II Ocean Boulevard Partnersbip 2600 Golden Gate Parkway Naples, FL 34105-3227 - Agenda Item No. 8e October 24,2006 Page 195 of 273 e ~ I. Folio No. 28331110521 Agenda Item No, 8e Rev. 1 October 24,2006 PUDZ-200S-AR-883!ge 196 of 273 age 1 PROJECT #2005110029 DATE: 4/21/06 Michael DeRuntz Details e OWner Name CREEKSIDE COMMERCE PARK Addresses PROPERTY OWNERS ASSOC INC. 2800 GOLDEN GATE PKWY CIt'II NAPLES I State. FL I Z1al34105 -3227 Legal CREEKSIDE COMMERCE PARK WEST UNIT ONE Acru o Section 27 Use Code 253900 95 CREEKSIDE COMMERCE PARK WEST UNIT ONE MISCELLANEOUS 2005 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History . Land Value $100.00 (+) ImDroved Value S 0.00 t., Market Value S 100.00 (-l SOH Exemat Value $0.00 (-) As8essedValue $100.00 (4 Homestead and other Exempt Value $0.00 (-T Taxable Value $100.00 Date ~ 03 J 2003 I Book - Page 3250 . 1908 I Amount $0.0 SOH II: .Save Our Homes. exempt value due to cap on assessment Increases. - The Information Is Updated Weekly. - . po' This Instrument waa Prepared by: ,DAVID P. HOPSTETTER, ESQ. rounV, van Aasenderp, Varnadoe , Anderson, P."'. 801 Laurel Oak Dr., Suite 300 Napl,., FL 34108 Agenda Item No, Be' October 24,2006 Page 197 273 3153599 ,OR: 3250 PG: 1909 UCQDID 11 mlau 81.'D111 of alU11 cann " OJ/ZTlZOU It 01 :1111 DlfGlt I. I", aru ' ue ftl 15.0. DOC-.7' .71 . Itta: IWOI emlu eo 21.. GIIloUI e!i Pili 120. ann P1 IIl'S Document prepared without the benefit of title examination. otJr'I't'!LJ. TV n.1m ~L.'l'Bt8 Qvrr<:!LAnI n.-n is made and executed this .?? 7 n.- day of ~P}", 2003, by CODBID. wasT. IHC., . Flodda oorporation. whose mailing address is P.O. Sox 413038, Naples, FL 34101 ("Grantor"), to CUDSID.I ~ .AU .ROI'DTT 0NHaRS ASSOCIATtOK, INC.. a Florida oorpor.~iOD not-for-p2~fit, whose address is 2600 Golden Gate Parkway, Naples, FL 34iol ("Grantee"} . "Grantor" and "Grantee" instrument and their igns) WITNBBSBTB: That sum of $10.00, in ha p is hereby acknowledg d, claim unto Grantee r and demand which Gr nt lot, piece or parce . 0 County of Collier, ~ r SEE EXHIBIT "A" of the whereof r lease and quit- e, interest, claim 01 owing described a d being in the .f-< f5A "'I PART HEREOF. ~ SUB3CT TO: Taxe years; zoning, res requirements imposed easements, restrictions a subsequent ons and other authority; and rvations of record. Tax Parcel I.D. Nos: 29331190660 29331190521 29331190628 29331193049 29331193065 29331193023 TOGITKIR with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO &AVB AND TO BOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of Grantor either in law or equity, to the only proper use, benefit and behoof of Grantee forever. XH MITNBBS MBKRBor the Grantor has executed these presents the day and year first above written. r L:MlllOfI COlII{ll co . 'I ru IUl8:J1 (~O '1~ - ",..-' . e " signed, sealed and delivered in the presence of: WITNES,SES I Grantor: Agenda Item No, 8e October 24, 2 06 Page 198 of 73 OR: 3250 PG: 1910 '-1(p)..u~_Jy' tJ.J U Iv-- IlgDlltlln MI1.n.J'~ 1": JJ, J h ~ 1",,- .r1nUd IIaw 4;,,-;" - R~ SANDRAP. THOMAS 'l'1ftt.d ..... STATE OF FLORIDA COUNTY OF COLLIER S 5 its The f~re9o~-1nstrument was acknowledged before me this ~1~ day of ~~ 2003, by David K. Borden, as President. on ~f of the corporation. He i8 (~ personally known to me or (_)has produced as identification. 'IV 1';.;. 'r\...n\Ae'.'e,.....l. ~r~ ..n.\o.tt ClaI. tllH6 Ul ....t.u.. .4th-OUt 0." bb OO'/~~I l e'~rC'1 ~'OlUi:R 1lG, rr,J: lltA:8Eil .J.P-.P 'I '* Agenda Item No, 8e October 24,2006 Page 199 of 273 EXHIBIT 'A- tt. OR: 3250PG: 1911 ttt -- ALL or TRACTS R, Ll AND L2, CREBJeSIDB COHMBRCB PARK UNIT ONE, ACCORDING TO THE PU'l' THBUOF AT PLAT BOOI( 29, PAGB 57, or THE PUBLIC RECORDS OF COLLIER COUNTy, FLoRIDA. AND ALL OP TRACTS R, 02 AND 03, CREE1<SIDB COMMERCE PARK UNIT TWO. ACCORDING TO THE PLAT THBRBof' AT PLAT BOOK 35, PAGB 43, OF THE PUBLIC RECORDs OF COLLIER COUNTY, PLORIDA. P"~..r.\"""\dJIh\~r"bi'" -..... PUIl\Q\llt Claw _ to &a_l.U.... _1blt A without 0.. t. L~f:;~J Folio No. 211331190660 R 1 Agenda Item No, 8e ev. QC~ber 24,2006 PUDZ-2005-AR-88~ e 200 of 273 PROJECT #2005110 29 DATE: 4/21/06 Michael DeRuntz age 1 , , DeUtils - OWner Nam. CREEKSIDE COMMERCE PARK Address.. PROPERTY OWNERS ASSOC INC 2600 GOl.DEN GATE PKWY city NAPLES I Stat.1 FL . ZIJ)I 34105 -3227 Legal CREEKSIDE COMMERCE PARK WEST UNIT ONE Township 48 Acres o Section 27 Use Code 263900 94 CREEKSIDE COMMERCE PARK WEST UNIT ONE MISCELLANEOUS 2005 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History e Land Value S 100.00 (+ilmDroved Value $0.00 t.) Market Value S 100.00 r~) SOH Exempt Value $0.00 (.) Assessed Value $ 100.00 (-) Homestead and other Exempt Value $ 0.00 ra} Taxable Value $ 1.00.00 03~:03 ~ Book,; Page 3250 -1909 . I Amount $ 0.1 SOH. "Save Our Homes. exempt value due to cap on assessment InCl'l!lases. - The Infonnation Is Updated Weekly. - tit ~: ' Thi. Instrument was Prepared by: DAVID P. HOPSTETTER, ESQ. Young, van Asaenderp, Varnadoe , Anderson, P.A. BOl Laurel Oak Dr., Suite 300 Naplu, FL 3410B Agenda Item No, 8e . October 24, 2006 Page 201 f 273 3153599 OR: 3250 PG: 1909 ueoIDn 11 onrcw UO:JID. of COWl. conn n OJ127mU at O!:UPI DlIm .. 1M, euu ' DC ft. 15." DOC-.71 .71 e lata: IWOI coml. co zm GOU.' aD pm no. ww n 3U05 Document prepared without the benefit of title examination. 01JI'l'CLADf DJ:1m t'I1n,.,.L'1'JIIB QUITCLAnI DBJ:D is made and executed this ,~7 n.- day of ~~. 2003, by CUBSIDJ: lfJ:ST, %NC., a Plorlda Clorporation, whose mailing address is P.O. Box 413038, Naples, FL 34101 ( wGrantor-), to cuusmJ: COIIIIKtCK IIAJitK PROPUn OMNJ:RS USOCrA'1'%OH, :tHe., a Ploric!a Clorporat:10D not:-for-p'~fit, whose address is 2600 Golden Gate Parkway, Naples, FL 34i01 ("Grantee") . (Wherever used herein the terms include all the parties t . heirs, legal represe . ~ wr~S8ETH: That r, sum of $10.00, in ha p is hereby acknowledg d, d claim unto Grantee r v and demand which Gr nt lot, piece or parce ,0 County of Collier, ~ r"' SEE EXHIBIT "A" of the whereof ~ SUBJECT TO: Taxe years; zoning, res requirements imposed easements, restrictions a subsequent ons and other authority; and rvations of record. Tax Parcel 1.0. Nos: 29331190660 29331190521 29331190628 29331193049 29331193065 29331193023 TOOKTBRR with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO RAVJI: AND TO BOLD. the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of Grantor either in law or equity, to the only proper use, benefit and behoof of Grantee forever. ~ W%TNBSS WHKRBOP the Grantor has executed these presents the day and year first above written. r ~^1IIIIllI lXl'.!I(R co ru~ !..O '1'- e - e ,,-. It signed, sealed and delivered in the presence of: WITNESSES: Grantor: Agenda Item No, 8e October 24, 006 Page 202 0 273 OR: 3250 PG: 1910 ~A~9.tJJUJ.--- Illlftllt\lre )../ 1Ln.;tL r IAh l h ~ I h-<- printed N_ ~---'~- .*'~ , 81 et\ln SANDRA P. THOMAS Printed N.... STATE OF FLORIDA COUNTY OF COLLIER 5 S its The fqrego~~nstrument was acknowledged before me this ~1~ day of ~~ 2003, by David K. Borden, as President, on ~f of the corporation. He is (~ personally known to me or (_lhas produced as identification. UN)-- J->- ,l'u....\4be'_'c~lO' C'~I'~ perli:\Ql.llt el..1a 0... toe A..ocht.laa wh.ho\l.t g.""'" bb00'1~~1 LJ'.A;'~C'I c:llUi:R co, " fILE Nua:1lE."l 001{." -- Agenda Item No. 8C" October 24,2006 Page 203 of 273 I tit OR: 3250 PG: 1911 ttt . EXHIBIT "A" ALL OF TRACTS R. L1 AND L2. CREEKSIDE COMMERCE PARK UNIT ONE, ACCORDING TO THE PLAT THEREOF AT PLAT BOOK 29, PAGE 57, OF THE PUBLIC RECORDS OF COLLIER ~, FLORIDA. AND ALL OF TRACTS R, 02 AND 03, CREEJ(SIDE COMMERCE PARK UNIT TWO. ACCORDING TO THE PLAT THEREOF AT PLAT BOOK 35. PAGE 43, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ,,\......\dhc;o\4pIs\.....hld. c_r... lNlrk\Qutl Clala _ tD AIl...datlDll _tblt A "Itlloul O,"Pl l. I i I L~A!l::or~ COLUeR ro rtLE tilll:aER '00 e, Folio No.1 00168040601 MaD I Agenda Item No, 8e Rev. 1 October 24, 2006 PUDZ-2005-AR-8S33e 204 of 273 PROJECT #2005110029 DATE: 4/21/06 _ Michael DeRuntz Current Ownership Property Address' 1200 IMMOKALEE RD ge 11 .Detl4ils. .' . /;-. . " . Owner Name OCEAN BOULEVARD PARTNERSHIP II Add,..... 2800 QOLDEN GATE PKWY STE 200 City NAPLES I Statel FL I ZlpD 34106 -U27 Legal 274826 FROM NW CNR SEC 27, S 126.02 FT, N 45 DEG E 35.08FT, S 89 DEG E 573.48 FT, S 88 DEG E 500.81 FT, S 89 DEG E 147.09 "For more than four linea of Lega' Description pl.... call the Prop.rty Appra..er'1 omce. 100 51 Acres 21.09 Section 27 Townshl 48 Use Code ACREAGE HEADER AGRICULTURAL ".- 2005 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History e Land Value $ 3,013,550.00 (+) Improved Value $1,358.00 (.) Market Value $ 3,01'4,808.00 t.) SOH ExemDt Value $ 2,074,380.00 (.) Assessed Value $ 940,628.00 (.) Homestead and other Exempt Value' $0.00 (.) Taxable Value $ 940.&28.00 12~~:94 I Book. Page 2009 - 1568 I Amount $ 876,800.0 SOH . .Save Our Homes. exempt value due to cap on assessment inaeases. - The Informatlon Is Updated Weekly. - e '1_..... II , ' Agenda Item No, 8e October 24, 2006 Page 205 of 273 ~1f 1885140 OR: 200 PG: 1568 .... 1a ImCI& ... ., ClDWII ... D 12/"'" It 12:11" aa.t L ...., alii , .., 11"'"'.... lit .. 11M a....- '.... iDe-.1I IUMI - ~ Ittar: 1.1I ...... ... COUll CUI .. lB. . ....... D. U!lCZ L:1,'al] n.1natrurMnt ~ bv ,..... S. "yntan --'200 . , 2IOD~'" FML__1 .N8pIee.. AoddI 33142-3206 -.d .... .-...-...t .......'1a a..n.iIN.. , .... zoo' ' 2800 GWdm. c:... .......~~ ........ ,.....33842-32Oa GNntM-. talc .....rmc..... .....ub~: 90167800004 ~, ~"'lu ,. .QDIl ~ _de th.i.. JIloveabllr 1, 1994 . ~ LIDar Gab~e. 1"rancea G. VJ.I.1.ez:-e. ~ COl.l.i.er XXX aDd JUl.J.et c. s:prOu.1 (bereJ:nan:.r coll8c:t:1vaiy ca118d the -CraDt:az:w.)'" whOlle poIJt: o:r:rice a4cIJ:'eIuJ 1.. su.J.te 2Gb, 2600 Go1deD ~ Gat:. PlU:'Jalay, Hapl.... Fl.orJ.cIa 33942-3206. To Oc~ Boul.ev.rd Pa2:'tD~p XX:, a PJ.orJ.4a ~p. (her-in>'lrt:er ea1l.ed 1::be "C;~").. vboa. peat: o~:r1.oa a4Cb:_ 1._ SUJ.t:e 200;' 2600 Go1d.4m Gate P<<rltVay, Bapl,ea, Fl-orida, 33942-320~. .~~ . * . . . ~ Xs - -.Aa...con:trJbQ.tiianto-~capita.l.-~- the -c~, -aDCi"-ror------,.. om. 1>o11ar wbo.le Z'*C*1pt i. hereby a.c1cnoW1.ec:Ig'4ld. .1:'he ClraDtor. h.relzyq:l.ve" g:nmt. ~er aDd convey to the Grant:.e .~ t:b. Grantee'. In.lccesaora and ...icpaa ,the land described .in Exh1l:dt A hereof I l.yiDg. aDd beiDg in CO~lier county.. State of Fl.ori.da. A1IIJ in a~l bIi:UcU.nga, ~-..nt... . t:~nt., hAN:.cu.t-........t:.. ~., ......"t. and r1.!Jb1:a t:ha:"at:.o . be1CllD!iJi.Dg ora imy v1... perta1D1:nsJ.. '1"0 HAVE AIm '1"0 BOLD t:h. ..... in :t.. _u.p1_ :rar.var. SONBcr 't:a allY UId .11 outataDdi.Dg' val...1d ..tt:.ra of racord or watt::era that a 8\U"Vey ex 1nspeQt:ion w01l1Cl 41.1'010... { . . Agenda Item No, 8e October 24,2006 Page 206 of 273 of';" OR: .2001 PG: 1569 - L:Jk=7aL 1 sa:l.d 1.and 1. not:t:ha ~4 or anyone. :rH ......:tliESS 1I'I'PJIOJ'.' t:;ba ,Graa'l:oJ:? have ewacut::ed ana' 4eiJ."~ t:td. Deed. 1:h. day aftd Year r1rR ~..m:.:l.oDe4. , ' s~gn.ecl, ~.. aDd 4e1.:l...ed :l.D our PI: ..~* . e.~ If( r;)~~ ,(J 4~L.. 4. 'j) i. ~ k!#1f!' [Pr.1.at ....) a~J CJ~ (!~v .II- S/hlfu/, [P.rblt If-l ~ . , ~.~~~~ P'raIloe8 G. v' .x-e 4t S2!'A!l'K ~ :rr.nDT~ ,"",^,.-:J::I: 0. CDLLXER ) ,) _.:... ) ... , ' """.' .... ._."... ".._''__~~~_~~_~.,~~~t;.~,,,~~~1~,~~~,,,,.~,,~_.__...__,.,..._ ~ 1, :1.9'94, by :t~r ~1., l":r:'ana.. G. V:l.Uere,. BIU:'rOJ'l C:01.1.i.er xxx and JUliet c. Spr.ou.1 who are ~o_1.1y kDolm' to J[Ia. ~ J:...;u. No1:a:y Pab1..ic I....~~~ ,. " ' 00NMliSISIClN~ t.n'c::a.o.ISlQON ~ . ~. - 2 - A traCt or parcel olllDd lyjug iD Scdiora Zl, TOWJJ$hip 48 South, RaDgc 2S East, , cnuicr, County, Florida which tract or para:! is dcscribcd as follOWS: FimD Ihe nOdhwcst comc:r of said Scdion Z1 run S go- 02' 33" W . aJOJ!g the ~ liDc of said Section 27 and the East line af'nmiami TJaiJ (State Road No. 45) for 125.D2 fee( to the South line of ImmoUJcc Road (Slate Road No. 846);, tbmco IUD 81_ said South tiDe the following courses: N 4S- 28' 51- B for 3S.oB feet; S 8V 04' 03" E Cor S73~46 feet; S ~ 12' 18- E lor 500.61 feet , and S 89" 04' 03- E for 147.09 feet to the Poim of BcgimDag. From said Poi:ot of Begh-ing c:oDtinuc alOlJ& said South JiDc of ImmotaJcc Road, the foDowiDg courses: S 8V 04' 03- E for 1108.S1 feet; SOO- 55' sr W for 10.00 (cdi S 89" 04' 03" B for 150.19 (cd. to the West IiDc of 1bc NorthcasI quarter (NE-1J4) of said Sccdcm '1:1; tbcDce continue aloag said Soath line of Immokalcc Bead S 89" 07' I$' E for 716.81 feet to the East line of Flmda. Powa aod Lipt Company cascmc:nt dtscDDcd in instrument recorded in Deed Book 30 at Page 27, CbIIicr 0Hmtj Records; tbeuce IUD S ~ 52' 15" E along said East Jmc, for 1532.85 feet; theuce JUJ1 5 SS 06' 45. W for 100.00 feet to the . .Eass line of a dndoage cascmcat described in deed n:cozdcd in 0fficlaI Rcalsd Book 682 at ~ 1976, said Public Recotds; thcoce 11m S 04- ,53' 15- E along said East 1iDe for 75.00 feet; ;g theDce nm N 8V S7' 49- W for 3258.67 feet to said East line of . .. .q---------.-~1ftil~t-(j2t_n_ea10D1-siicn:ast1iiiC-fW.- - - -q-q------~-.-- 415.22 P:et;.tbcDc:c:run S W S"r ..9- E for 12.45.0(lfcd; thence ~- lUll N 00. 02' 33- E for 1175.51 feet to the Pant of BcgDming. c::>> - Containins 89.92 acres, mOle or less. : . SUBJECT TO easc:mcaas, rcstrlctioDs and ICSCrVations of Jl':COn1 ~. Bearings weimbove mc.uti0DCd arc based on the ccmerlinc survey of Immoblec Road (State Road No. 846) and the Narth line of the NordrM:ct C}U8I1cr (.NW- V4) _ of Section Zl, TowDthip 48 South, Range 2S Easr beaxs S 89" 04' 03" Eo . ' -N'/OtS r~ f'OltT~ 011. C ..IOttN:SON -- o-..-c ."eMlt T. C ""'" 't. .lit. ~T "OIUtEST ... ......XlJ .IO$EI'M W. EBNER $Th'EN It. t.IClfIJIlSGtf A.HOJlI:W D.TJLTON """RE\' Co COOH.R CA_L ..8A'UlACO DAN W. O'CIC-E," ICEHTON R. ICDPNG w. .,un PONtftOY W. DAVID KCY. JR. KEVIN w. WINTEIt . ~'ID CEOIUU~ .:I. KALAL NteKAEt L HARWO"- CllAftT -"I. .ULL STJ:IIlHIH w. AD""S ItATltJCU H. "EWTON , ~...... LESTeR L. aULSOH Agenda Item No. 8e October 24,2006 Page 207 of 273 Exhibit A October 11, 1994 DESClUPTJON PARCEL 1WO SECIlON Zl, T. 48 S., R. 2S E. OOUJER. COUNTY. F'LOIUDA .(. '... "' ~ .. ~ ~ ~ \,Q Wl...Hlkc 2S136a ~-<./ '1:.. i :'..;.':: Micbad L Hatmoo (For.1bc Firm) PxofcssiODal Lancl Surveyor . F10rida Ccrtifi<:alc No. 2904 '- . . ....: .. . "... . ' Agenda Item No, 8e October 24,2006 Page 208 of 273 2678132 ,(lIt: 271, PG10614 RlCOID)D 1/1. OJJtCllliRl~RDa!1l" ,coLLIntOUll9l ,lL U/18/Z0ot atOl:S51.pl.tml, 1I0el. eLlII . ens 538hOl lie,.. i4.n 1IlDIIIllat.t. coun 11.~O ~--, . . '., . . ..' '.:. urdav' ~. . ",' (I. 'i'~ t;eerf ~"ll.\'~. .... ... .... ...' ..~tS "",.pr::,.. pen. ...d..~.~:JT...~...:t.l.G. fl." ~r.ltl.:;' 1::' ~Y.;ertlpt from tl1t&ClUJ \.N..w'" 1"', '. ..... ...l;sr-.tu1ftlntauJ staro~ taK;. .. U.~MJ" . '. . . . .' . ~..l ~ ol, if~; . ." .. ..;.;,.",>."",.;~iW.,~v:,. " ,;:'.10;/01 a..... ~.~.r;r;r _ ."-_:Y.~,.~'_l,i..",,,.;~"'."d,"-' . PROJECT: IlTlllloka'lesRo,a(:l- 3Q" Foi'(;e Malh ,". -",.: -.. ..". - . PARCEL: 903' FOLIO: 00160040601 _ata; am PROPlRft II! n91 UUJOllIeI THlS CPll',/C';'AHl:F. ~r.UEPTF.&a'{ ,THE t Po. ..O.;..^' 'I'.~....n ' ,.OF. . t.':~'..).:.;.!~:r.. '~.,....' ~..ot:ii'~.T_. ~."'~. ;. 1.,.6. ....I.E... RS.'.". '. .... r:..,1 I, (I Y r,;,.!U" T . t r to 1\.. f')^, ." Hj~;;lUAiflTO THE: PROVISIONS GRANT OF EASE~~ft50lUTION HO" ~-N(' .,c9l1M: 1b , GRANT OF EA$E:MENT, made and entered Into this .;4gtC d~y 'of '. .,2000,bYOCEAN BOULEVARD PARTNER,SHIP II, ~ F.lorida pa ners. fp,whosernaiHnga(:idresa is 2600 Golden Gate Parkway. SuIte 200, Naples. Florida, 34106,8S G rantor to, BOARD OF COUNTY COMMlSSJONERS OF COLLIER Co.UNTY,FLORIPA,ASTHEGOVERNING BODY OF COLLIER COUNTY,AND AS EX-OFFJCIO THE . GOVERNING BOARD OF.. THE COLLlERCOUNTY WATER"S'EWERDlSTRICT.. 3;301 East TamiamfTrail, Naples, Florida '34112, Us a SlJccessorsandassigns, as Grantee. ~ I . (VVh~rever usedherefn the terms "Grarrtor'land"GranteelllncllJdeaU the pcirties'to this e~s~mel1t and their reSpecUve, heirsf legal representatives, successors and assigns.) WI,T.NE 58 E TH: Grantor, for and in c.onslderatiorlof TEN DOLLAR'S ($10.00) ahd other valuable consideration' paid by the Grantee; the. receipt al1dsuffjcl'ancy Of. whion Is hEij-eby scknowle.dged, herepycon"eys, grants, bargains and sells unto the Grantee,a . . perpetual, non.,exclusive- easement~license. and' privilege for ufUUy andmairttenshte pu.rposes' under, upon al1d across the fbUowin,9 described lands located in Collier Cbunty,Flofida, (hereinafter referred to. as ths"Propertt') to wit: Seeattf)ched ExhIbit flAil Which is lhcorpotatedherein by reference. Subject toeaserneAts, restrictions, and reservations of ('$cord. ". THIS PROPERTY IS NOT HOMESTEAD. _ 1, e TO HAVE AND TO HOLD the same, unto ti"1eGl'antee, togetherwlththedght to enter upon said PropertY and place, .excavate,and/or ramove' materials for the purp.o.se<of constructing, qperaling.anclmalntaininguliUty facHltlesthereol'1J subject to the foUowing userestrlotions~ . Gtanfee'$ use of the property wlllbetes~ricted tp: the btilow"9rQUl1cffnstaUation' of'a .30 ..ioch d.iame~t ,sewer force . '.maln' hereinafter r~ferr~d 10 as "ProPosed Improvements"), ~ndthel'epalr ahdmaifll~nance thereof from the suffClce oftha Property from time to time. Grantor permits no oth~r utility .~<")roUin.".", ,'''' hn l...;":~_li...iol L.',;' .........-" .-,,- - ..' .. . . _'___._....___~_______.____.h:...,.__~_~,__._,....--_~...,.,...~__.,_..".__._ '----",--"=-c _._ Agenda Item No, 8e ' October 24, 2006 Pag<> 209 of...2L3.-_. t.,.ll,l. .,""' ....... lio&J 'l1U.. "1.1..1." r w., ..Ul..,."->> -.....--.tucl.t..:l........II.......__Jil-~,utl.....,L............_ ~Il~~':...c..l. __~ ~ .... OR: 2712PG:0621 e All, use~ of the Property not in conflict with the installation. operationandmalntena. of" ,a~~;~ct:lf,rlprov~m~.nts"are ,re9_ery,~9.,~g.Jb~,..,Q,~rit9{~:,,'.'" ". :\l,. ",: s, fJo"tFl:ies:w ,r:';:-t.f h~: "Jf!e"~':l''''''~'';'''''''''''::' 'antor and Grantee are. used for singular orplUral~ as the context requires. nl~ e~$~ment granted, herein shall constitute an easement runningwtth the land and shan burden the Property d~scribed apove. . ~N WrtNESS WHEREo.F, the Grantor ha$ c~osed these presents to ba executed the date and year firSt above written Sigt1l3d; Sealed and Deflvered in thePresenoe of: OCEAHS'QULEV ARD PAftTNERSHI?II, ~ ~ F1Qrid.i:l,ganeraJ partnershi~ (jtt'Ll~ ~ (JAr ~~- Witnl3SsJ '1... <::..:_,4 f~Qf-,/ ,,,' ;Y' .~If.4 I-v p,~_Nam~+".1 . . 'A1lf:#cX. , " ,,' " 'AT -' Witness . k?' . , :D1t1 /Je., h ''/90-e' rl Printed Name ' BY:~~ Lamar Gable, as a Partner of Ocean Boulevard Partnership J/, ~ STATE OF FLORIDA ) ) ss. OOUNTY OF COLLIER ) ,.., ofl. The foregoing easement wasackndwledged before me this C;l.o: , day of ~' ; 2000, by Lamar Gable} as a General Partner of Ocean Bouleytiird Part .. rsh p II, a Florida general partnership, on behalf oflhe parthershitl. He i~ personally known 10 me ot has produced as identification and did not take an oath. ~cI,~, '. (seal) Notary Public Printed S vS/HJ ."... fhfJ1iJ1to Name~ My Commission Ex.pires: r Q'V'}:! OJlFICIALHOTMY8E.\l. o"'~ '.' ,&~ SU.~,H L MA,TURO ~ V. '.n C~HIJMasr ~,' - .. ': CfC&894114 "'A , ' j1' M'l'COMMlS8l~~ ~ OF f~Qp.cT. 1 ts;.2f)O~ Agenda Item No, 8e October 24,2006 Page 210 of 273 .. I ."].,'~ sKE'J.'GII TO ACCOMPANY.. DFSCR1P'1'ION . .. ......'. .'. . .. ... ... aeJsoE...~' ....'WEST UNJT OlE f1S" ..pos 57. ttnLJTY ~...( ~mnp . ..... -"';J.. RANGt25: II!'.~"" :. ....~..~.-;.y, . .:'~~~...'. ',., ....,. SECu~ 27..1O~. 48 -.,u1J;lt . ... ~.." ..~~~'" STRAP ~No~ ~3.0003A27,.QCEA.N .~ARI. P~.~~ll DESIGN ARC>' IMPLEMENTA TfONO.F 3P"'{NeHPAR.A.L.LEL,SE.WE~ FOR'OEM~ lMM'OKALEEROAQ , (.Dlli 'lMlES)' (CRS481 PARC.~lqC3 ppc o~sc, POBOESC. S01"3a~oo"[ . 20..02' IEIiHIBIT ?b9. J "of .3 I I I I "'I I 9 1% c.J1 . (CoJ. .10 o -: oJ c...I :lId JTI .0 ~II.. :t' ~. =E.. ttI .t.~... .to-) Ill:! ./1-"1", W' "(. t i,..'.~.'O . 111~ 'I .~ 21.06' .~i .~.~ ~ 0::""'" <(lot) Q.., (fJ We) Ua.. 0::: w ...' ::i: 0). .~.l"'Il Om (,)'0.. ww ,oz Olo ~ 1JJf- ~z Q=> S 45'21'97- &: 57;8Z N45.21I07"W 30.45' I 1 >- <( 3:. ,..-...' a::: w ' r- Oc...;) <n< [S~ w......... 0::: U pART 'OF OR',2009. PAGE 1568 STRAP No. 4B2527013.0003A27 OCEAN BOULEVARD PARTNERSHIP, U PAREN T PARCEL REMAINDER :1::'39.4-4. Ac* PROJECT -'?Gt ~ 3 PARCEL q D'?' FOLIO 00 IlJl 00 <lOu,C' (f~ 544'"22;18" E 14.74' REV. 1; CHANGE BOUNDARY.OF EASEMENT. 4/28/00 '-. .ACR~GEOF ?^IENT PARCEL IS NE:T OF U:nUlY EASEMENT stio?W..Q.NL'(., JEFFREY c. cOONER AND ASSOOlADINC. ....< ... ....su~G ....,.t.QPPlMG .' .. ..... ...>.. . 3900COL.ONIAl. aouLEVARO.SUl1E.2. FoAl ~< .flQRrOA33912 'PHONE: (Ht)2Tl-07t2 FAX: (941)271-7179 EWAlt: .~~ FEB- .19.2000 ~1"-6cr: SHeb'1 . OF;!, Agenda Item No, 8C' October 24, 2006 Page 211 of 273 .~~-_.... .. fH! 3 propetW ,,.,,.laltttiradunaQr tn"..;'. of conden-m. tll~:r i6 (,W~mpt fnUll ;:(\jt,)umeuwrySl!Ul'lfJ t.ii:( , 2ti78131 OR: ,2712 PG':O'61~ '~.II! I~OfllCl~JIC4.. qfCOLWIIGII!.t,tt;. o'/1l1n"tt. n:3SAI 81. i~d'JIW., eLlII " " ", 'aJIt 21ft.",., ,Be lIJ U:ln' 1"J~(f 't;t,; 'i - PROJECT: lmmokalee Road.... 30" Force Main PARCEL: g02 FOLIO: 001$0040001 R.tlll RllJ. PROl'Un lit un lUll Gnlel 'fH r 5 CON~, E YANCjf-A"CifiPTJUf .lll'" BOARD,'Qf COUNTr COHfJISSI~J!RI"" ' " r.OU;.IF.R,COUNTY "FLO~I.~A, '.- PURSUAHTro THEPR!)V.XSIONS GRANT OF EASEMEfrRtSOLUTlON nO". , THIS ,G~ANT OF EASEMENT, made and ~nteieQ Int.othI$ 'J..Of'.;',cJay"Of ~I , 2000, by OCEAN BOULEVARD. PARTNERSHJP U,a Florida partner-~hosemailingaddressis2600GoldenGate.Parkway.Suite 200, Naples, Florida, 34105, as Grantor to, BOARD OF COUNTY COMMISSIONERS OF COLLrER COUNTY, FLORIDA~ AS THE GOVERNING BODY OFCOLUERc.bUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER"SEWER DISTRICT. :3301 East Tamlami Trail, Naples. Florida 34112; its successorsahd assigns, as Grantee._ l.. , (Wherever used herein the terms "Grantor" .and "Grantee'" include all the parties to this easement and their respective. heirs, legal represetitatlv.es~ succes.sorsand assigns,) WIT N E SSE T H: Grantor, for and incorulideration of TEN DOLlARS ($10.00) and other valuaple consideration paid by the Grantee. the receipt and suffiCiency of whiehis ,hereby acknowledged, hereby conveysj grants, bargaIns and sells unto the Grantee, a perpetual, non-exclusive easement. license, and p'rlvilege for utility and maintenance purposes under, upon and across the following ;described lands'/c)(:~al~d in CQllier County, Florida, (hereinafter referred to as the "Propl3rty") to wIt: See attached Exhfbit "A" which is incorporated herein by reference. Subject to e.asements, restrictionst and reservations of record. '. THIS PROPERTY IS NOT HOMESTEAD. . 1. TO HAVE AND TO HOLD thssame unto the Grantee, together-with the rIght to enter upon said Property and place, ~cavlllte, and/Qr remove materials fot the ,.... purp9se of constructing, operating and maintli,thii)')9,uUUty f~ciiit.i~sfhereGn~suhject to the fonawing use restricf[ons~ Grantee's use of' the- 'ptopen1YWUlbe.'restrioted to the balow-ground instaUationof a 30 Inch diameter sewer forcE;l ri'1~in (h~retQafter referred to as ''Proposed lmprovernents")~ and the repair and mah1~enance thereof fromtha surfaoe of the Property 'from time to time. Grantor permits no ather' u;tUlty facilities .to be installedbv GrantaFl. othP.r ihgn: ,.,..........^"..t...__ ,- ..... - ....,' . . ~. '..-;, Agenda Item No, 8e October 24, 2006 __._._..__,.._________________.-.--.'.-.-----'--------._,,______________..._,_________.____.'_____....__._____________________P..age2j.2_Df21.3..._,,___ Olt::211,lp<;:,Oofl e Aliusasof the Property not 111 oonfllcf wlthlhe Installation, operation and maintenance of thEl Pro! J~ ry~cttCllha Grantor," s f" ,'Ji';tii<:~ . , Grantor andGranteeara used for .sll"lguJaror plura I a" e con e . .. .. he easemerntgranted :herelnshall constltutesn 'easement running with :the. land analsha11 burden the Property described above. INW,ITNEge WHEREOF.th.Grahtpr.hascc;\Js~d tnes~pres.enti$ tqp~ ~e(;vtiad 1h_ datla ~nd ;yearftrst abOVe written. slgflad.Sealed .and. Delivered bithepresence of: OOEAN BOULEVARD "PAftTNERSHIP:ll~ ~ a Florida gener~r p.rtns~hip r. '. a('ULI:.;'~~ .r; ..,/}1f{~~.~..- (J Witness" . _ (~.c-I '~OLY' AlA, S' N~~/ @. rI...n.". d....N~m.~.~..,...'.... ,'... .'.... ~". ftL1s ." . .. .'t:I/Je:..L, 0~~r/' Printed Name ay. ~k--- Lam~rGable, asa Pa,rtner of Ocean BOUlevard Partnership II , . STATE OFFLORIDA ) )$8. COUNTY OFCOLUER ) -aat) r1h.~ef f..~ oregoin. geasemen.tw.as acknOW.ledged.'... b.~. fO.f. e. m. Q th..ffi :l8" d......8y... O. f ~ . 2000, by Lamar Gable, as a. General Partner of Ocean Boulevard Partnership rI,B Florida .general partnership, on b'ehaff of the Partnership: _Hals "personally known to me or has prod~c8d' . .. as identification and did not take an oath. " .~.~~ Notary PUblic .. Printed StJ;S/fpL,,/b1t 1V(J.o Name~ tv1y,Oommlssipl1. e".g.res~ l"'Ily Ptj OFf~~\."()T~"yUAL o~ .... .. ,g~. SUSAN .L.M"TURO i.. <.1..' ... ~..'.OQ.IS.r.....~. :~M4.~IR. ~(t'. . . ~._~O\II.QIilRQ Ont\,O.. pt:T.1'1;a~D1l" '., t- Agenda Item No, 8e . October 24, 2006 Page 213 of 273 1 SKETCH TO ACCOMPANY' DESGRIPTIO.N ~ UTIUTY EASEMENT, JMMOKALEE RO, SEe 27"T48S, R25E, COlUER COUNTY,FlORlDA' STRAP No.482527013.0003A27 OCEAN BOULEVARD PARlNERSHfP.U ( I i EXHI$IT -:t1:.. PtIg& . r of ~. ~i"RoW{SR oJt5) (US 41)- mo OM LS 642 N4S'-2S~51.E .35.0S' NGa'02'33.e; 4:15.22' WEST LINt' OF' stcnON27 :z: CD co CJi ...., ..,,: co = =: II.) Ul t.l Ul :.. "'t h100'02'J3"E 20.00' L4 ~ ..r ~ OJ ,.;, , ~ !/ ~.' ... 25' 'en :z: $I ID .." ;: ~ ~." ;-ol "" <0...." O'~ t.l coO -. .w ,.., :l I N'ORmUNE 9F' N.fI/4- SEcnON~7 Z ID co u1 ...... .. to = :IE OR 1J'9l. p,~' 1~.7:~ ,f' "'" :I.... _ .... ..... '" "" (II b q I I N00"02' 33"En75.51' NW CNR POC DESC fal ~ I ;t'""Clt. \ '1c 2- co co... ~Ig ~ . I 01'00 I ~ ~~ I p~ p. eJ ~ ti ~ . ~ c ::- . DR 2009 PG 1568 STRAP No.482527013..00Q3A21 OCEAN BOUlEVARD PARTNERSHIP, If r'" PARENT PARCEL REMAINDER 39.2~ Ad 20' f- ro .., G .. N72'B'OO.W 127.~a' NaJ"39"OO.W 1+74.30' NOO"01' 42"E 2.7.n~ CREEKSIDE. WAY qj '" '" ~ Q) .... 0\ v I I S45'2-"07"E 28:94' c: Cl .... f- z CD co oj ~ C~FtEE~:'SibE C.(lHMERC..E" P .~.R'~ \l,/ES"J ~ Lr:t':!T" O';~-E Pg". ')0" .. ~~~'~ ~? 5s;, 1 PRedECT -. l:;q .f,\ ~ PARCEL q D 2... FOlIO OOIt.aOO<l (')L,Qt. .. NOO"'QT....~E 100"97' " .." ETUNEDF .NE/4 .~. v JEFfREYC.OGOfiER AND ASSOCIATES, ',040. OCT.to; 1999. SlJRYE)1NGANO MAPPING S""A' I. ~ '18' . J0'6' 39OQe6LONIAL BOULEVARO.sUJlE 2. FORT MYERS,FLORJDA.33912.. .... '"'. u;.. . '.' .... PH.. ONE: (941 )277-D722 FA~(941 )277-7179 EMAIC SlJRVE'YORI:tCQONER.COtL-.SH. EET 1. ~t12 ; . '. . . .______. .' I '-SAiUlDIl CO~LISI dl . Folio No. 0016B046003 Ma Rev. 1 Agenda Item No, 8e PUDZ-200S-AR-88~~e~l4\f~~~ 1 of 1 PROJECT #200S110dz!I IIIIIIIII DATE: 4/21/06 Current Ownership Michael DeRuntz Property Address II NO SITE ADDRESS Details OCEAN BOULEVARD PARTNERSHIP II 2600 GOLDEN GATE PARKWAY NAPLES State FL ZI 34102.0000 Legal 274825 7.B ACRES REFERENCED AS AREA A DESC IN OR 3929 PG 3010 Section ' Township II Range II Acres \I Map No. ~ Strap No. 27 48 25 7.8 3A27 482527 029.0003A27 Sub No. 100 ACREAGE HEADER ~ Use Code 99 NON-AGRICULTURAL ACREAGE 2005 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History $0.00 $0.00 $0.00 $0.00 $0.00 $ 0.00 = Taxable Value $ 0.00 OH = "Save Our Homes' exempt value due to cap on assessment increases, Book. Page 3S29..=.-3.l1..1..Q Amount $ 1,800.00 -- The lnfonnallon is Updated Weekly, e This Instrument Prepared By: Vivien N. Hastings, Esq. WCI Communities, Inc. Bonita Springs, FL 34134 Agenda Item No, 8e . October 24. 2006 3733438 OR: ~g~1PG:21{)10 RXCORDBD in OFFICIAL RlCORDS of COLLIBR COUNTY, P' 11/15/2005 at 03:47PM DWIGHT Xo BROCI, CLBRK CONS .0 RXC PHB 00 DOC-.70 12.60 COPIIS 30.00 . C\~) \)' \'0-. ",0 ' ,. \r;)' Parcel ill #:00168040708 Retn: VCI COMMUNITIES IRC 24301 iALDBN CBK1ER DR BOu,n. ~P~~lH .j U ,2005, by TIDS SPECIAL WARRANTY DEED made this~ day of WCI COMMUNITIES, INC., a Delaware corporation, successor by merger of WCI Communities Limited Partnership, having its principal place of business at: 24301 Walden Center Drive, Bonita Springs, Florida 34134, herein called the Grantor, to OCEAN BOULEVARD P ARTNERSIDP II, a Florida general partnership, having its principal place ofbuswess at: 2600 Golden Gate Parkway, Naples, Florida 34102, herein called the Grantee, (whichever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns, assigns of individuals, and the successors and assigns of corporations). WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 (Ten Dollars) and other valuable considerations, receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See Exhibit "A" attached hereto. ("the SUBJECT PROPERTY'') 6, SUBJECT TO: taxes and assessments for 2005 and subsequent years; and easements, restrictions, reservations, covenants, limitations and conditions of record, if any; and the reservation of easement rights more particularly set forth herein in favor of Grantor, its successors and assigns, as owner or owners from time to time of the following real property adiacent thereto described to wit: See Exhibit "B" attached hereto. ("the APPURTENANT LANDS") RESERVED EASEMENT RIGHTS Gr!ior hereby reserves perpetual non-exclusive easements for (1) ingress; (2) egress; (3) flowage of wat r, stormwater, wastewater and re-use water through pipes, junctions, meters, connections, pumps and relate. appurtenances and structures; (4) golf course uses including, but not limited to, tee boxes, greens, fairways and rough areas, culverts, cart paths, golf car and pedestrian traffic, golf course fencing and related golf course activity, and appurtenances; (5) benning and landscaping; and (6) public utility and public service purposes; together with the right to install, reinstall, maintain, operate, replace and repair of the foregoing on, across, over and under the SUBJECT PROPERTY; and Grantor may cause to be recorded from time to time various declarations of these easements setting forth the location and purpose of any of said easements which may be assigned from Grantor to any third party. ( K:\legal\pelmarsh\collier\deedspec.obp I BARRON COlLIER CO ) l/i/'f.B;j - ~ '~ Agenda Item No, 8e October 24, 2006 OR: 39~ePG~o~11 AND FURTHER SUBJECT TO the restrictions: (1) that the SUBJECT PROPERTY may only be used by the Grantee for passive water management (within the excavated lake area below elevation 11.2 NGVD existing as of the date of recording of this deed) as well as passive open space purposes and (2) that the excavated lake area shall have a control elevation of 9.0 NGVD. These restrictions shall be covenants running with the SUBJECT PROPERTY and binding upon the Grantee and enforceable by Grantor. AND ALSO FURTHER SUBJECT TO a covenant by and between Grantee and Grantor that in the event the SUBJECT PROPERTY requires maintenance for the purpose of continuing Grantee's right to use and enjoy the SUBJECT PROPERTY for passive water management (including but not limited to any culvert and headwall maintenance) and open space purposes, such maintenance shall have little or no impact upon Grantor's easement rights, if possible. Further, Grantor shall have the first right of refusal to perform or direct the conduct of such maintenance at the expense of Grantee, provided that such expense is equal to or less than that which would be charged by a third party contractor of Grantee1s selection. These covenants shall be covenants running with the SUBJECT PROPERTY and binding upon the Grantee and enforceable by the Grantor. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. . TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of the SUBJECT PROPERTY in fee simple; that the Grantor has good right and lawful authority to sell and convey the SUBJECT PROPERTY; that the Grantor hereby fully warrants title to the SUBJECT PROPERTY and will defend same against the lawful claims of all persons claiming by, through or under the Grantor. IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name and its corporate seal to be hereunto affIxed, by its proper officer thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in the presence of: WCI COM:MUNITIES, INC, a Delaware corporation BY:C~ Christopher Hanlon Its: Senior Vice President K:\1cgal\pelmarsh\collicr\decdspcc.obp BARRON COLLIER CO r,ILF. NUMBER , -""""--- Agenda Item No, Be ' OR: 39~~i>eG174~j~~~ STATE OF FLORIDA COUNTY OF LEE . The foregoing Special Warranty Deed was acknowledged before me this dJJ fjf day of \\..I1\l' _u_ ~ 2005, by Christopher Hanlon, as Senior Vice President of We! Communities, Inc., a . ~oration, on behalf ofthe corporati . He is personally knO\\'11 to me. My Commission Expires: ~p PAMELA DIANA KRUGER - MY COW.USSIONIf DD2m76 .' EXPIRES: December 2S, 2007 '.-J.>IOTAAY FL N....,. DilCOU.. A..oc:. Co. ~ ( K:\JegaI\pelmarsh\collier\decdspec,obp I ilAR0D/l COl LlER CO I riLE NUMBER I I"t;::-{ "' -0: ~ A~enda Item No, 8e OR: 3~~~m\;~~ WILSON, MILLER, BARTON & PEEK, INC. Exhibit "A" , Page 1 of 3 Engineers, Planners, Surveyors, Landscape Architects & Environmental Consultants Wilson Professional Center. Suite 200, 3200 Bailey laDe at Airport Road. Naples. Florida 33942. (813)' 649-4040 Fax (813) 643.5716 . Description of Area "A" being a part of Section 27 Township 48 South, Range 25 East, Collier County, Florida " . All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida and being more particularly described as follqws; Commencing at the west one quarter comer Section 27 j Township 48 South, Range 25 East; thence along the west line of said Section 27 North 00039' 12" West 827.69 feet; thence leaving said section. line North 89020'45" East 55.00 feet to the Point of Beginning of the. area thereon described; thence North 89020'45" East 366.45 feet; thence South 00039' 15" East 34.09 feet; . thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 70.00 feet through a central angle of 38045'23" and being sub tended by a chord which bears South 64019'09" East 46.45 feet to a point of compound curvature; thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 197.21 feet through a central angle of 75024'06" and being subtended by a chord whichbears South 07014'23" East 241.20 feet to a point of reverse c~rvature; thence southerly 151.40 feet along the arc of a citcular curve concave easterly having a radius of 130.00 feet through a central angle of 66043'37" and being subtended by a chord which bears South 02054'07" East 142.99 feet to a point of reverse curvature; thence southerly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70.00 feet through a central angle of 98024'12" and being subtended by a chord which bears South 12056'10" West 105.98 feet; thence South 62008'16" West 75.07 feet; thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radius of 30.00 feet through a central angle of 93 006'13" and being subtended by a chord which bears South 15035' 10" West 43.56 feet; thence along South 30057'58" East 34.79 feet; thence southerly 19.94 feet along the arc of a circular curve concave west~cly having a radius of 80.00 feet through a central angle of 14016'43" and being subtended by a chord which bears South 23049'37" East 19.89 feet; I ' thence along a non-tangential line South 84013'14" East 158.41 feet; thence South 80055'24" East 183.78 feet; thence South 81 052' 51" East 180.90 feet; thence South 00000'00" East 261.28 feet. , thence North 90000'00" West 394.57 feet; thence North 00000'00" East 271.73 feet; thence North 84013'14" West 120.32 feet; .-. 4/19/9S-013602S6,MRS Naples f 81J1 649-\040 E:'__ ,01" ...t'1 C~IL Fort M'r'ers 18131 939: 1020 1 BAA~ON COlliER CO I Sarasota ,-llE I~UMBER f ~ (81~~~:~:?.6~, l Os(o~ 6 ' ;m~ ~., ..;0 .,.. ~4i' ~ " ExhibitlA" Page 2 of 3 Agenda Item No, 8e ' October 24,2006 OR: 39l9g1>~~ ~el~ WILSON · MILLER · BARTON &: PEEK, INC. . Description of Area itA" being a part of Section 27 Township 48 South, Range 25 &st, Collier County, Florida (continued) thence South 33005'40" West 54.13 feet; thence South 76056'51" West 89.04 feet; thence North 58035'21" West 65.i9 feet; thence North 15031'55" West 74.80 feet; thence North 00041 '41" West 115.24 feet; thence North 28022'47" East 171.51 feet; thence North 17011'45" West 106.79 feet; thence North 13002'52" East 28.51 feet; t~ence North 73036'14" West 54.78 feet; thence South 49016'08" West 112.78 feet; thence South 89047'08" West 53.08 feet; thence North 58000'49" West 50.49 feet; thence North 00039'12" West 303.49 feet to the Point of Beginning of the area herein described; .. Containing 7.8 acres more or less; ... Subject to easements and restrictions of record; Bearings are based on the west line of Section 27, Townsnip 48 South, Range 25 East, Collier County, Florida being North 00039' 12" West; WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors 4:;; c ;O/~ W.O. 34917 Ref: lL-53 Date: April 19, 1995 ( 4/19/9S-OIJ60256,MRS. GP.rIRON COlliER co 'I rILE NUMBER l Q5Co:;)- Exhibit "A" Page 3 of 3 Agenda Item No, 8e OR: 3~~1~~~0i5 N 89'20""[ 55,00 p, O. B .__1 N U"0"5'[ 3n,.5 ? N :-: .. . ... ... , ., ., ,., ., z AREA "A" CONTAINING 7.8 ACRES~/- ID~ i" ... - ... . ... .. ... ... . N QCD Q Z NOT PLATTED ~ LL.l I I.{") N ::j I I c::: . c.n I OJ '<:l'" I I- .. ~ N :z: 0 - l- e..) LlJ c.n l!)', o o o 0- o o ,@ o l!) @ <D l!) <>> <D 5 8"13' "'[ 158.. , iD - <>> o - 5 80"S'~"F 183,1, ""'?"---S 8"Sl'sr'[ I 80. ;0--::- :D Gl p,O,C. WEST 1/4 CORNER SECTION 27. T-48-S. R-25-E ",'" -'" II: . Q- z" N CD _ N - ...:~ ~'" NOT PLATTED I , Nt=' nIl T ^ 0 IllEAIlI.1l DISTgCE I SOD' 3" 15'[ H,O' . 2 5 62'01' "'V 75.01 , S 3D' 5T' SS'E H.7' . .84'13'14'V '20,3Z (! S 33'05"0"V 54.13 (. S 76'S6"\"V 89.04 (i . 58' 35' 21 '\I 15," (I 0 15'3,'S5'v 71.80 (, o OO''''''"V 115.l' (II o 2I'2Z'H"[ 171.51 " N 11' II' '5'V 106.11 I, N 13'02'52'[ 21.51 I .73'36"4'V 54.18 ~ ' 5 "'16' 08'V 112.T8 ~ll S n'H'OI'v 53,01 ~Q I N sa' 00' .,-V 50. " 39',51 \IE $ I 1, tlAR~ON COLLIER co- . riLE NUMBER ~O~~er- ... NOT A SURVEY". cnTA 31"5'23' 15'24'06' U' '3' 3T' 91'Z" '2' U'06"3' 11'''''3' ~ I rR V F lATA Rolli I lIS lEI;1H 1 AII;UT oam BEAAIMIl ICHORD OlSt. 10,00 47,3S 2"n $ 54",'01'[ '6.'5 "'.21 2".53 I 5Z,'3 501....2).[ 211.20 130.00 151.'0 .'.60 5 02"" 01"[ ;'2,n 10.00 1Z0,22 .'.\0 5 I 2' 56 . I O'V 105,91 30.00 '8,T5 3\,67 5 15'3S'O"v I ".56 10,00 1'.9' I 10.02 S ~J' .,. 31'[ I I9.BI "-'&.1.- CLIENT: ',Jcr~ COMMUN IT I ES INC. ~ILSON, HILLER, SARTON & PEEK. INC. (_,,_(tiltS . 'SUIt'CTOJS . "' .....(.s . (." ,.0It"'.' At ,o.S\A l.....r' LAMGscut ...t)iltftcrs . CCNSfJl\Cf Ia- NoIl"Cot.' wlLSOW ,.1ItDF"CSSlo-.... u_rt_ HOD unn l.,Ul( At ".lIl"PJ .OAG. SIlII( lOG ...",(S. ,,"OIID.t Ut., tll,l lU....O. '''' IIIJ' .'J~)ri. DESCRIPTION. SKETCH OF DESCRIPTION AR~^ "A- DAn. '19~ l' '200' ~:o ".:7::7F __ _lUSIC'" <---Y V' -\.....2..r..r }9 I .A,s,,,';s. _nces I n" - / / /l , " BEINe: A PART OF !:[CT10N 2r. "'8-5. ~-25'[ COlll[A COU.". FlORIDA 0.'" I(D' JP '1"".". ".O~l,L "1""".' c--;'lt _J ~ .-11. ......... I ~.\ .' 0136 ~.,,, I . ,. I n.53 i,l A~~"t~~~;gf~7 . Oc ober _4, 0 Page 221 of 273 " OR: 3929 PG~ 3016 V RAY em ONY GOI f COURSE I fr....l LEGAl. DESCRIPTION Of PART or TRACT GCI, ACCORDING TO THE PLAT Of' PELICAN MARSH GOLF COURSE PHASE ONE, PLAT 800K 2J, PAGES 40 THROUGH 47, AND AlL Of' TRACT GC12 ACCORDING TO THE PLAT Of PELICAN MARSH UNIT TWElvt; PLAT BOOK 26, PAGES 48 THROUCH 50 AND ALL Of' TRACT CC I AND PARTS Of' TRACTS GC9 AND CC I 0 AND TRACT ~ ,ACCORDING TO THE PLAT Of PELICAN MARSH GOLF COURSE PHASE TWO; PLAT BOOK 24, PAGES 42 AND 43 AND AlL OF TRACT GC4 ACCORDING TO THE PLAT OF PWCAH MARSH UNIT SEVEN REPIAT. PLAT 8ooK24, PAGES 72 AND 74, AND ALL OF TRACTS GCIA, GCI8, AND PARTS Of TRACTS I. 3 SA AND GCB ACCORDING TO THE PLAT Of' PELICAN MARSH GOlF COURSE PHASE THREE, PLAT 800K 25, PAGES 14 THROUi;:H 16, ALONG WITH PART OF PWCAH MARSH UNIT ONE, PLAT 8o0K 22. PAGES 31 THROUGH 33, AU. OF TRACT "s" SOITGRASS BEND AT BAY COLONY GOlF CLUB, PlAT BOOK 3J, PACES 54 THROU.GH 56, COLLIER COUNTY flORIDA PU811C RECORDS AND PART Of' SECTION 27, TOWNSHIP 48 SOUTH RANGE 25 EAST(NOT PLATTED). COWER COUNTY, FLORIDA AND ~ORE PARnCULARL Y DESCRIBI:D AS fOLLOWS: 8EGINNING AT THE SOUTHEAST CORNER Of' TRACT GC1, &LICAN ~ARSH GOLF COURSE PHASE TWO, PLAT 800K 24, PAGES 42 ~ 4J, COLLIER COUNTY, fLORIOA PUBLIC RECORDS AND BEING THE WEST RIGHT Of' WAY LINE Of fRANK 80ULEVARD (GOODLETTE FRANK RDAO)(130' WIDE) THENCE ALONG S410 WEST RIGHT OF WAY LINE S,OS-J4'4B"E.. FOR 309,37 FEET: ' THENCE ALONG SAID WEST RIGHT OF WAY LINE S.05'JJ" O"E" f'OR 233,8 I FEET TO THE NORlli RIGHT OF WAY LINE OF PELICAN MARSH 80ULEVARD AND A POINT ON A CUM TO THE RIGHT, HAVING: A RADIUS OF 25,00 rEET. A CENTRAL ANGLE OF 90'00'00", A CHORD BEARING OF S,39'26'SO"W, AND A CHORD LENGTH or 35,36 f'EET: THENCE ALONG SAID NORTH RIGHT Of W~Y lINE AND THE ARC OF SAID CURVE. AN ARC LENGTH or 39.27 FEU TO THE END Of' SAID CURVE; THENCE AlONG SAID NORTH RIGHT Of' W~Y LINE S,S4'26'SO"W.. FOR 125.00 F1:ET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 342.J I FEET, A CENTRAL ANGLE OF 31'S6'10", A CHORD BEARING OF N,79'35'05"W. ANO A CHOOO LENGTH OF 188,J4 FEET: . lHENCe: ALONG SAID NORTH RIGHT OF WAY LINE AND THE ARC OF' SAJo CURVE, AN ARC LENGTH 0'7190,8& FEET TO THE POINT OF TANGENCY Of SAlO CURVE; THENCE ALONG SAID NORlH RICHT Of WAY LINE tHiS37'OQ"w., ,OF? 686,74 FEET; THENCE LEAVING SAID NORTH RIGHT OF WAY LINE N,OS'09'S6"w.. FOR 141.29 FEET; THENCE N,24'S4'50"w., fOR 108,99 fEET; THENCE N,2Z'I,'45"E., FOR 57,81 FEEl; THENCE N,04'JI'25"E.. fOR 168,97 FEET: THENCE N,09-2"20"w_, FOR 91.73 FEET: THENCE N.4I'50'2J"W., FOR 61.48 FEET: THENCE N,OJ'29'32"W_, FOR 241.47 FEET: THENCE N,4I'40'52"E.. FOR 53,40 FEET: THENCe: N,52"J4'ZI"E., FOR 33,59 FEEl; THWCE N,44'18'17"E.. fOR 23,5J fEEl; THENCE N,19'45'18"E., FOR 14,99 FEET; THENCE N 19'18'09"W" FOR 210,80 FEET: THENCE N,20'20'54 "E.. FOR 1.66,28 fEET: THENCE N,08"l'JO"w" FOR 21.80 FEEl: THENCE N,2J'42'34 "w.. FOR 64.64 ,EEl; mENCE N,43'39'09"E.. FOR :'4.06 FEET: THENCE N,I8" 12' 10"E.. FOR 50,19 FEET; lHENCE N,26'29'O'"E" FOR 3 1.14 FEET: THENCE 101.27'15'45"(" FOR 33,29 fEET: THENCE N.'J'25'35"E.. FOR 37,75 fEET: THENCE N.05'J4'07"E.. fOR 34.31 rEEl; THENCE N.2I'49'OO"E" FOR 32.90 F1:ET; THENCE N"3'41'31"E,, FOR 7,09 fEET: ' THENCE N.03'Z8-J2"w.. fOR 212,67 fEEl: THENCE N,28'29'J8"W.. FOR 107,34 FEEl; THENCE 101,65'46'25"[.. FOR 20,06 fEET; THENCE N.26-29'J8"W.. FOR 20.05 fEE'!; mENCE N.47'3"08"E., FOR 76,05 rEET; THENCE N,06"26'OTw.. fOR 3J3.81 fEEl; THENCE N,65'07'37"w.. FOR 37,06 fEE'!: THENCE N,29'51 '20"E.. FOR 77 ,36 fEE'! TO THE POINT OF CURV,Io,rURE or A CURVE TO THE RIGHT, HAI/ING: A RADIUS or 25,00 rEET, to CENTRAL ANGLE OF 94'23'J2", A CHORD BEARING OF' N,7703'06"E:"AND A CHORD LENGTH OF 36.68 F1:ET; THENCE )o.LONG lHE ARC OF SAID CURI/E, AN ARC LENGTH Of' 4 I , 19 fEET TO THE POINT or COMPOUND CURI/ATURE OF A CURVE TO THE RIGHT HAVING: A RADiUS OF 407.03 FEET. A CENTRAL ANGLE or ,.., 3:08", A CHOR~ BEARING Dr S,48" J8' 34"(, .AND A CHORD LENGTH OF 100.75 fEEl: THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 101 ,0 I FEET TO THE POINT OF TANGENCY or SAID CURl/E: THENCE S.4I'J~'OOt., FOR ~9,89 rEET: THENCE N,09'S8'OO"w" 90,79 fErr TO A POINT ON A NON-TANGE"NT CURVE TO THE LEFT, HAWIG: A RADIUS (If ~57,03 rEEl, to. ':ENTRAL ANGLE OF 13'14'19", A CHORD 8EARING OF N,54'06'SO"W, AN(l A CHORD l[NGTH ('f I D~.~' 'TEf: EXHIB1T":B " OF 9 .,~~ . ~ ,.... G~~~J ( '\ A~ :"Oct"ober ~4 ~ 2M~ ......... Page 222 of 273 V OR: 3929 PG: 3017 V - e lHENr;E ALONG THE /lR(, ')f ~;/llll rllRV[, AN Arle LEN'_lIl Of IO~,fiI) fEEl 10 lIit P('INI (lr I^,~GEI~('''' (or SAIL' (I)""E; lIiENCE N,W'H'O(l"W,. 'l~i I'~t;,l:',~ I [1,1 l'~ THE P~"NI OF CLIRVAlURE (,F A CURVE II,' lilt LErr, 11A~INr,: ,\ RAlI1llS Of ",~~' Otl n::Ef, " (.EN1R/lL AtK:t[ oJr (,.': ~\l{'", II O"~l' Br.ARINC. '.'F N,~~'!,8\IO"W, ANLI A (:lI(IRLI 1,['t-ll;'H (Ir ,',~,': fr.F I; lHENC[ ALONe l!-lE ARC. IJr SA'O Cl'RI't. AN f,Re LENrm~ vr J,', I J FEtT TO '!-It [liD Of SIIIO CLfR\'E: lHEN<:t "I, I T27'OO"E., F(lR 2' B,66 FErI: lHENCE N,!>O'17'OO"E., F(~ 164,50 FEll III THE 1'''1/11 OF ClIRVA1URE OF A CURVE 10 THE: lErr, HAVlfiC:: . RADIUS Of' '50 OU FE:ET, A CENTRAL ANGLE OF "T26'00., A CHORD BEARING OF N,23'26'OO.W, AND A CHORD LENGlH OF ~87,97 FEEf: ' THENCE "'LCt;C 1HE ARC OF S""D CURvE, AN ARC LENGTH OF 385,98 FEET TO T!-IE POINT or TANG!:NCY OF SAID CURl/E: THENCE 5,82'51'OO"W.. FOR 305,H FEET TO THE POINT OF CURVATURE Of A CURVE TO THE LErT, HAVING: A RADIUS Of 150,OLl FEET, A CENTRAL ANGLE Of 58' 1 1'27", A CHORD BNING OF 5,53'45'17"W, AND A CHORD LENG1H OF 145,88 FEET: . THENCE ALONG THE ARC OF SAID CURve, AN ARC LEN';TH OF I ~~ ,J4 rEE:T TO THE POINT OF TANGENCY OF SAID CURVE; THENCE S,24'39'33"'W.. FOR 118,J9 FEEl; THENCE 5,IO"J"OO"'W.. FOR 412,98 FEE:T: THE:NCE 5i,6I'IJ'S8"'W., FCR 82,67 FEET TO THE POINT OF CURVATURE OF A CURVE 'TO THE lErr. HAVING: ""RADlUS OF IS5,00 FEET. A CENTRAL ANGLE: OF 16'35'4J", A CHORD BtARlNG OF S.52"5s'D7"W, AND A CHORD LENGTH or 4~,74 FEET.: THENCE ALONC THE ARC OF SAID CUR\/(, AN ARC LENGTH or 44.89 FEET TO THE POINT or REVERse CURVAlURE (If A CURVE TO THE RIGHT, HAVlNC: ,;, RADIUS OF 29,00 FEET. A CENTRAL ANGLE 01' 60"53'J7-, A CHORU BEARING of 5,75'05'26"1'1, AND A CHORD LENGTH Of 29,J9 fEET; THENCE ALONG THE ARC or SAID Ct'RVE, AN ARC LENGTH Qr 30,82 FEET T(. THE POINT OF TANGENCT OF SAID CURVE; THENCE N,74'V'45"W.. FOR 186,:18 FEET TO THE POINT OF CURVATURE or A CURVE 10 THE RIGHT, HAVING: A R^DIUS OF 2J5,DO FEET. A CENTRAL ANGlE OF. 01'00'12". A CHORD BEARING or N,70'S7'39"W, AND A CHORD LENG1H OF 28,71 rEEl; TliE:NCE ALONll HIE AR( OF SAIlJ CL'/!V(, AN ARC LENGTH or :::1,72 FEET TO THE POINT OF TANGENCY OF SAIO CURVE; THENCE N,67'Z7'33"W,. lOR 119,59 FEEl TO'tHE POINT OF CURVA1UR( 01' A CURVE TO THE'RICoHI. HAVING: A RAOtUS or 4'U5,OO FEET. A CENTRAL ANGLE Of 4)'41 'JO", A CHORD BEARING C'F N,45' 36'4 7"1'1, AND A CHORD LENGTH OF 15=,57 FEET; THE:NCE ALONG THE ARC or SAID CURVE, AN ARC LENGTH Of 156,33 rEET TO THE PCIINI OF REVERSi: rURVATURE OF A CURVE 10 THr L(,rr, HAVING: A RADIUS OF JOD,OO fEET. A CEN fRAL ANGLE or 41'55'20", A CHORD BEARING OF N.44'4J'4"'W, AND A CHORD LENGTH OF 214,64 FEEl: THENCE' "'LONG THE ARC or SAID ClIRI/E. AN ARC LENGTH Of ;:19,50 fErT TO THE END OF SAID CURVE; THENCE N,17'43'5;:"E.. FOR 2J3,09 rEET: THENCE N,76'3T'2'"W', FOR 167,84 rEET: THENCE N,6S'41'n"W.. FOR 504.55 FEET II) IHE POINT or CURVAtURE OF A. CURVE TO THE: I.EfT. HAVING: ^ RADIUS OF 600,00 rEET, A CENlRAL ANGLE Of' 26'44'4", A CHORD BEARINC ur N,79'OJ.~3.W, AND A CHORD LENGlH OF 277,!>4 FEET; THENCE ALONG THE ARC OF SAID CllRVE, AN ARC LEN';TH OF 280,07 FEET TO THE POINT OF TANGENCY OF' SAID CURVE; THENCE S,BTJJ'57"W" FOR 59J,37 FEET TO A POINT ON, A CURVE TO THE RiCo Hr. HAVING: A R^DIUS or 217,21 FEET, A CENTRAL ANGLE Of 56'2~'J3", A CHORO BEARING OF 5,02'1 S'19"W, AND A CHORD LENGrH Of 205,32 FEET: THENCE ALONe THE ARC OF SAID CURVE. AN ARC I.ENGTH or 2 I J,8S FEET TO THE POINT OF REVERSE CURVATURE OF A C!JRVE 10 THE LEfT. HAVING; A RADIUS OF 110,LlO fEET, ^ CENTRAL ANGLE Of . 66'4J'37", A CHORD BEARING OF S,02'54" J''E, AND A CHORD LENGTH OF 120.99 FEET: THENCE ALONG THE: ARC OF SAID CURVE. AN ARC LENGTH OF 128,1 I rEET TO TliE POINT OF REVERSE CURVATURE or A CURve TO THE RIGHT. HAVING: A RADIUS OF 90,00 rEEl. A CENTRAL ANGLE OF 66'23'0'", A CHORD SEARIN!> or 5,03'04'31"E, AND A CHORD LENGTH OF 98,54 fEET: THENCE AlONG HIE ARC OF SAID CURVE. AN ARC LENGTH 0, 104,26 FEET TO THE END OF S.IO CURVE: THENCE 5,48'21'59'E,. FOR 37,17 FEET: THENCE N,67'~J'57.E.. FOR 598,19 FEEl TO THE POINT OF CURVA1URE Of A CURVE TO THE RIGHT, HAVING: A RADIUS OF 190,00 fEET, A CENTRAL ANGLE OF 45'05'46". ... CHORD BEARING (IF S,69'SJ'10"E, AND A CHORD LENGTH OF 14~,7 \ FEET: THENCE ALONG THE ARC or SAID CURVE. AN ARC LENGTH OF 149.54 fEEl TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 500,00 FEET, A CENTRAL ANGLE OF '0'25'12", A CHORD BEARING OF S,52'J2'~J"E, AND A CHORD LENGTH OF 90,8' FEEl: -e EXHIBIT n 8M ~ OF 7' I~I rILE NUMllER Co / /(\CI ~ r, ,) ,Ag~tif~~~<f.I.dG ~ 't~~ :, October 24, 2006 Page 223 of 273 ~ OR: 3929 PG: 3018 vr e THENCE ALONG THE ARC ,Of' SAID CURVE, AN ARC, LENGTH oF- 90,93 FEET TO THE POINT Of' TANGENCY OF SAID CURVE; THENCE S,5nS'29"E., FOR' 192.71. Fl:ET: " TlolENCE S.7I'3I'3'"E" FOR 202,60 Fl:ET; THENCE S,78'05'49"E" FOR 203.21 FEET: THENCE N,OS'32" 5 "E" FOR 1~9,22 FEET JO A POINT ON A CURVE TO THE RIGH1, HAVING: A 'RADIUS ,or, 225.00 FEET- A CENTRAl ANGLE OF 3;5S'49", A CHORD BEARING OF S.39'47'S9't: AND A CHORD LENGTH or .116.43, rEET: . '. . THENCE: ALONG THt ARt Of, SAID CURVE,.AN ARC LENGTH Of' 149,15 FEET TO THE POINT or REVERsE' CURVATURE OF A CURVE TO THE: lEFT, HAVING: A RADIUS OF 270.00 FEET, A CENTRAL ANGLE OF 11'09'37", A CHORD BEARING' or S,26"23'23t:, AND A CHORD, LENGTH Of' ,52.51 FEfJ; . THENCE ALONG T.HE ARC OF SAID .cURVE, '.AN ARC LENGTH ~ -52,59 FEET TO THE END OF s,w ClIRVE~ " THENCE S,23'49'47"W.. FOR '65,49 fEET: ,THENCE S,23'OI'09"E,. fOR 72,96 fEET; THENCE S,13'21'30'E" fOR 123,1B fEET; THENCE S,B2'07'JJ'W" FOR 93,07 fEET; THENCE S,03'55'02'E" fOR 153.4' fEET: THENCE S,60'10'J6"E.. fOR 71.68 FEET: THENCE S,86'30'15~E., FOR 297.50 FEET: THENCE N,54'OI'OS'E" FOR 212,98 FEET TO A POINT ON A CURVE TO THE, LEFT, HAVING: A RADIUS OF 345,14 fEET, A C~TRAl ANGLE: OF 2'I'S9'oU', A CHORD ,SEARING OF S,10'45'36"[, AND A CHORD , LENGTH Of' 131.69 FEET:" THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 132,50 ,fEET: , '.' THENCE S,2I'4S'2S"E., FOR 5S9.04' rEET TO THE POINT or CURVATURE OF A CURvt: TO THE RIGHT, HAVING: A RADIUS Of 575,00, FELT"A CENTRAl ANGLE or 49'17'56", A CHORD BEARING OF ' S,02'53'30'W. ANa A CHORO LENGTH Of 479,62 FEEl: THENCE ALONG THE ARC Of SAID CURVE, AN ARC' LENGTH OF 494,75 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEn, HAVING, A RADIUS Of 52,5,00 FHT, A CENTRAl.. ANGLE OF' 05'56'27', A CHORD BEARING OF 5,24'34' 14"W, AND A CHORD LENGTH Of 54.41 fEET, THENCE .A,l.ONG THE ARC OF SAID CURVE, AN ARC LENGTH Of 54,44 FEET TO THE' POINT OF TANCENCY or SAlD CURVE: . THENCE S,21"36'OO"W.. FOR 2B9,48 rEEl TO THE POINT Of CURVATURE or A CURVE TO. THE RIGHT, HAVING: A RADIUS Of 25,00 FEET, A CENTRAl ANGLE OF 83'29'00", 1 CHORD BEARING OF S.63'20'30"W, ANO A CHORD LENGTH OF' 33.29 fEET; THENCE ALONG THE ARC Of SAID CURVE, AN ARC LENGTH Of 36,4.3 fEET TO THE POINT OF TANGENCY OF SAID CURVE: THENCE N,74"5S'OO"W" F'OR 10B.87rEET TO THE POINT OF CURVATURE ,OF A CURVE TO THE RIGHT, HAVING: A .RADIUS or 200,00 fEET, A CENTRAl ANGLE OF '12'08'5J", A CHORD BEl\RING OF N,68'5D'J4"W, AND A CHORD LENGTH or 42,32 FEET: THENCE AlONG THE ARC' Or SAID CURVE, AN ARC LENGTH or 42.40 FEET. TO' THE POINT OF TANGENCY OF SAID CURVE: THENCE N,62'46'08"W" fOR 145.65 FrrT TO THE POINT OF' CURVATURE OF A CURVE" TO THE LEFI, HAVING: A RADIUS Of 300,00 FEET, A CENTRAl ANGLE OF 1"5 I '57", A CHORD BEARING or N,68'42'06"W, AND A CHORD LENGTH or 62.02 fEET: THENCE AlONG THE ARC 01': SAID CURVE, AN ARC LENGTH OF 52,13 FEET TO THE POINT OF TANGENCY or SAIO CURVE: THENCE N.74'JS'05"W" F'OR40,26 rEET TO THE POINT Of CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS Of 25.00 fEET, A CENTRAl ANGLE OF 36'52'12', A CHaRt! BEARI.NG Of 101,56'1 1:59"W, ",NO A CHORD lENG"TH OF 15,81 FEET; , THENCE ALONC THE ARC Of 5,6JD CURVE, AN ARC LENGTH OF 16,09 FEET TO THE END OF SAIO CURVE; THENCE S, 74'38'05 'E.. FOR 55.25 FEET TO THE POINT Of CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS or 305.00 FEET, A CENTRAL ANGLE Of 11'51'57', A CHORD BEARING OF, S,58'42'05"E, AND A CHORD LENGTH Of 6J,05 fEU: THENCE, ALONC THE ARC OF SAID ~URVE" AN ARC LENGTH Of 63,17 fEET TO THE POINT OF TANGENCY Of SAID CURVE: THENCE 5,62' 46'08"E.. fOR 40,84 FEET: THENCE N,IT4{;'S4"E" FOR 410,01 FEET TO THE POINT OF CURVATURE OF A CURVE 10 THE LEFT, HAVING, A RAOIUS OF' 725.00 FEET, A CENTRAL ANGLE OF 3J'42'29', A CHORD BEARING OF N,00'57'~O'E, AND A CHORD LENGTH OF 420.41 fEU; rt1F.NC'E' 'lONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 425,53 ITCI 1rJ tHE POINT OF TANG(NCY OF SAID CURVE: IIIE/;':E I"15'5J'J5"W., fOR 234,00 rEEl TO THE POINT Of ClJR.,l.IU~E OF' A CURve: TO THE LEFT, HAVING: A RADIUS Of UO.OO FEET, A ,_[tHRAL ANGLE Of' 49'51 'OJ', A CHORD BEARING Of ~.49'Q"'W, AND A CHORD LENGTH or '~fEH:_-.:......- EXH,IBIT "eU 3 0(:' 9 i ,; i (. ".. ~'~'!.RON COWER CO riLE NlJMDEIl ( qS(,,=:L - e -- A!;lel~,Il'l.'I'V'j~ ! li::lu.. '--octooer 24, 2tlM Page 224 of 273 "OR: 3929 PG: 3019 V ""'HENCE AlONG THE ARC Of' SAID CURVE:, AN ARC LENGTH or 11 ~,11 F'EET TO THE POINT OF COMPOUND CURVATURE or A CURVE TO THE LE:FT; HAYING: II RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 25'3~'22', A CHORD BEARING OF N.78'31'~9"W. AND II CHORD LENGTH OF 22,13 FEET: THENCE AlONG THE ARC OF' SAID CURVE, AN ARC LENGTH OF 22,32 FEET TO THE: POINT Of' TANGENCY OF SAID CURVE: THENCE S,B8' ~ I'OO'W" FOR 195,24 FEET TO THE POINT or CURVATURE OF A CURVE: TO THE: LErr, HAVING: II RADIUS or 130,00 FEET, A CENTRAl. ANGLE Of 84'55'05', II CHORD BEARING OF S,U1J'2B'W, AND A CHORD LENGTH or 175,52 FEET: THENCE AlONG THE ARC Of' SAID CURVE, AN ARC LENGTH Of 192,67 FEET TO THE: POINT Of COMPOUND CURVATURE: OF A CURVE 'to THE LEfT, HAVING: A RAOIUS OF ;iOO\80 FEET, A CENTRAl ANClE OF 27"55'24', A CHORD BEARING or S,10"1I'47"E, AND A CHORD LENGTH Of' 2~ 1.27 FEET: THENCE AlONG THE ARC OF SAIO CURVE, AN ARC LENGTH OF 243:68 FEET TO THE POINT OF REVERSE' CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 50,00 rEET, A CENTRAL ANGLE OF 2S40'~6., A CHORD BEARING OF S,12'19'06"E, AND A CHORD LENGTH OF 20,52 rEET: _ THENCE AlONG THE ARC OF SAID CURVE, AN ARC LENCTH'" OF , 20,66 fEET TO THE POINT Of' TANGENCY or SAID CURVE: THENCE S,oo'28'43"E.. FOR 287,27 FEET: THENCE S,36'IS'02"E., rOR 90,8& FEET TO THE POINT OF' CURVATURE or II CURVE TO THE RIGHT, HAVING: A RADIUS' OF 80,00 FEET, A CENTRAl. ANGlE Of 68'02'34", A CHORD BEARING OF 5,02" 16'~5"E, AND A CHORD LENGTH OF 89,52 FEET: THENCE AlONG THE ARC Of SAID CURVE, AN ARC LENGTH or 95,01 FEET TO THE END OF 5AID CURy(; THENCE S,72'OB'07"E" FOR 90,94 rEET TO A POINT ON A CURVE TO THE LEfT, HAVING: A RADIUS OF 1225,00 FEET, A CENTRAl ANGLE OF' 01'49'31', A CHORD BEARING or S,16'16'40"W, AND A CHORD LENGTH OF' 39,02 FEET; THENCE AlONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 39,03 FEET TO THE POINT OF TANGENCY OF SAID CURVE: THENCE S,15'21'55.W., FOR 137,S8 FEET TO THE POINT or CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS or' 25,00 FEET, A CENTRAl. ANGLE OF 90'00'00", A CHORO BEARING OF S,60'21'55'W, AND A CHORD LENGTH or 35,36 F'EET: THENCE AlONG THE ARC Of SAID CURy(, AN ARC LENGTH OF 39,27 fEET TO THE POINT Of TANGENCY or SAIO CURVE: THENCE N,74'38'04 "W., FOR 30,91 FEET TO THE POINT Of CURVATURE QF A CURVE TO THE LEn, HAVING: A RADIUS. OF 250.00 fEET, A CENTRAl. ANGLE or 36'\3'1\", .. CHORD BEARING OF S,1l715'19'W, AND A CHORD LENGTH OF , 55,42 FEE:T: THENCE "'LONe THE J.RC or SAID CURVE, AN ARC LENGTH OF 15S ,04 FEET TO lHE POINT or TANGENCY or S",'O CIJRV(: THENCE S,69'08'44.W., FOR 135,59 fEET: THENCE N,35'43'J9''W.. fOR 176,50 F[(T; THENCE N.25'15'53"W" FOR 395,62 rEET: THENCE N,OS'30'47"W" FOR 82,20 rEET: THENCE N,02'26'OO"E., rOR 321.5S FE:ETr THENCE N,56'29'S5"E., rOR 37,B6 FEEl: THENCE H,51'55'25"E:., rOR 77,24 rEEl: THENCE N,!14'55'27"E" FOR 40,18 rEET: THENCE 11,51"12' 13"E.. FOR 3Z,03 FEET: THENCE N,05'27'JO"E., rOR 3S,73 rEEl: THENCE 1I,36'44'13"W" FOR 29,68 FEET; THENCE N,B2'23'SO"W" FOR 27,35 FEET: THENCE N,54'50'04"W.. fOR 32,89 FE(I: , THENCE N,04'52'04"W" FOR 19.24 FEEl: THENCE N,49'5B'4S"E" FOR 127,37 rEET; THENCE N,08'32'37"W" fOR 511.18 FEET: THENCE N,OS'32'37"W" fOR 30.9B FEET: THENCE N,31'46'39"W" rOR .18,25 HET: THENCE N,B0'49'02"W" FOR 23,62 FEET; THENCE S,65'26'SO"W" FOR 77.28 rEET: THENCE N.39'J7'Z9"W" rOR 30,59 FEEl: THENCE N,OO'S6'll"r., rOR 62,32 FEET: THENCE N.lJ'OS'34"W" rOR 52,26 rEEl; THENCE N,12'07'55"E.. FOR 71.76 F'EET: THENCE N,26'Z7'28"W., FOR 30,23 rEET; THENCE N,42"J9'Z4"W., FOR 2IJ,7I FEEl; THENCE N.43'07'55"W" FOR 84.94 FEET: THENCE N,28'01 '05"W., FOR 44,67 rEET: THENCE N,46'J9'57"W., FOR 150,BO rEET; , THENCE N,66'Z6'54''W" rOR 69,79 FEET; THENCE N,S5'30'36"W., FOR 123,H rEET: THENCE S,79'09'4S.W" FOR 42,11 rEET; THENCE N,81'S2'SO''W" FOil 13,50 FEET: THENCE N.S1'23'54 "W" FOR 1 52,41 FEET; THENCE N,36'09'49"W" FOR 71.97 FEEl; f1I!'NCE N,69'16'02"W" rOR 57,25 FEET; 'hEIlCE S,B5'34'5S"W.. rOR 46,S7 FEET: 111\ HeE 5,64'S7'34"W.. rQR 37,37 FEET; I'll Nl:E S,46'14'46"W.. FOR \85,41 FEET; "Ii ,NeE S,63'06'06"W.. FOR 116,24 FEET: I "t;I~CE 5,IO'32'OS"W.. FOR ,43,5.3 rEEf: "tENCE 5,40'29'02"E., FOR ~ 1.8~ FEET; THENCE 5,02'16'49"E., rOR 93,91 FEET: THENCE 5,15" ,}'05"[.. rOK 72,31 rEET; THENCE S,,Jl'04'16"W,, FOR 19,22 rEET; EXHIBIT" B. y o~ 9 I U~.'r.ll(J1I COLLIE~CQ"") _/ 05(;/~ I - , THENCE 5,OJ'5!h 1 'w" FOR a9 S2 FEET' THENCE:S,2J"OS'40"E:., FOR '134.17, FEET: THENCE'So37'44'27"E., FOR 65.00 FEET: 'THENCE 5,19'17'13"E., roR 311,22 FEET' 'THENCE 5.03"05'27"E:., FOR ,207,69 FEa' THENCE s.orlJ'S7"W" FOR 108,99 FEd THoNCE,5,Jr45'51"[" FOR 68:64 FEET: ' ,THENCE 5.1 r08'48"r., FOR 182,56 FEET' 'THEHCF: 5038'30'55"E,, FOR 35.93 FF:ET: ' THENCE 5.10'46:35"[.. FOR. l.4,71 FEET: ,', THENCE 5.54'0:5 33"E.JOR '107.89 FEET: THENCF: ,5.20'07'" f "E., ,FOR 31-:1 1 FEET: THENCE, S:13'56;38":W" FOR' 55.46. FEET: THENCF: 5,43"40 OO"E" ,FOR 124.54 FEET: THENCE N,1I9'22'00"E:., /'OR 351.55 FEET:, THENCF: "1.19'15'31 "W" FOR 52,li~ FEET' 'THENCF: N,5r20'25"W., FOR '~4,20 'FEET: THENCE N,20'23'43'w., FOR 24,~1l F1:ET; THENCE N.05'35'16"E.. fOR 23,55 FEET: THENCE N.3B'OB'52"W., FOR 40,39 FEET: THENCF: N,73'OS'21"W., FOR 140,15 FEET: THENCE N,61'25'14"w.. FOR 33.22 FEET' THENCE N,4S'13'33"W.. FOR 47,44 FEET: THENCE No3l'OI'45"w" FOR 46.54 rEET:' THENCE N.16'3I'J3"w., FOR 205,35 FEET, THENCE N,42-!>4'02"W., FOR 311,19 FEET:' THENCE N,51'19'27"w.. FOR 46,71 FEET; THENCE N,IS'H'57"w" FOR 42,62 FEET: THENCE N.4T45'35"w" FOR 41.30 F'EET: THENCF: N,05'59"4"W., FOR 74,66 FEET: THENCE N,42'41'25"E., FOR 3J,B7 rEET: THENCE N,62'42'oo"E" FOR 98,81 FEET; THENCE 5,60'15'22"E., FOR 47,92 FEET: THENCE 5,09'28'19"W., FOR '23.B3 FEET: THENCE 5,35'48 '56 "E., FOR 63.20 FEET; THENCE 5,61'18'29"(" FOR 229,93 FEET: THENCE'5.22'H'27"E.. rOR 77,71 FEETI THENCE S.03'26'17"W., fOR 104,751 FEET: THENCE 5.28"55'41"E.. FOR 49,18 FEET: THENCE 5.73'05'21'E., rOR 22.16 rEET: THENCE 5.38'08'52"[" FOR 19.52 FEET; THENCE S,36'52'12"E.. FOR 149,50 FEET: THENCE 5,63;51 '27"E., FOR, 24,3 1 FEET: THENCE 5.83'36'30"E" FOR 70,77 FEET; THENCE 5,57'26'54 "W., FOR 155,65 FEET; THENCE S,B9'27'37"W., FOR 183,63 FEET: THENCE 5.32'11 '54 "E" FOR 124,15 FEET: THENCE S,.39'o3J'J3"E" FOR 106,24 FEET: THENCE S.45'28'03"E., FOR 168,09 FEET;' THENCE S,39'17'22"E.. FOR 147,14 FEET: THENCE 5.J3'J7'36"E., FOR 147,23 HET TO .THE POINT OF CURVATURE OF A CURVE TO ,THE LEFT, HAVING: A RADIUS OF' 260,00 FEET, A CENTRAl. ANGLE OF 74'12'37", A CHORO BEARING OF' 5.70'43'54"[. AND A CHORD LENGTH Of 313,71 FEET; THENCE AlONG THE ARC or SAID culM::: AN ARC LENGTH OF 3.36,76 FEET TO THE POINT OF T ANGENCV OF' SAID CURVE: . THENCE N,72'09'47<" FOR 174,21 FEET TO A POINT ON A CURVE, TO THE RIGHT, HAVING: A RADIUS or 350,00 FEET, A CENTRAL ANGLE OF' 36'J5'39", A CHORD BEARING OF 5,86'31'30"E, AND A CHORD' LENGTH OF 231.33 rEET: THENCE, AlONG THE ARC OF SAlO CURVE, AN ARC LENGTH OF 235,76 rEET TO THE POINT OF TANGENCY OF '5A10 CURVE: THENCE 5,69'13'42"(" FOR 129,48 FEET: ' THENCE 5.7I'59'45"E., fOR 270,56 FEET; THENCE N,IIl'OO'15"E., FOR 190,19 FEET: THENCE 5,74'55'OO"E., !'OR 16,036 FEET TO THE POINT OF CURvATURE OF' A CURVE TO THE RIGHT, HAVING: A RADIUS or 25,00 FEET, A CENTRAl lINGLE OF 7!r49'55-, A CHORD BEARING OF S.35'00'02"E AND A CHORD LENGTH OF 32,OB rEET: THENCE ALONG TffE ARC OF SAID CURVE, AN ARC LENGTH OF 34,83 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURvE TO THE RIGHT, HAVING: A RADIUS OF 50.00 FEET, A CENTRAl. ANGLE or: 40'IB'14", A CHORD BEARING OF S.25'04'03"W, AND A CHORO' . LENGTH OF .34,45 FEET; THENCE AlONG THE ARC OF SAID CURVE, AN ARC LENGTH or 35,17 rrET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE'LEFT, HAVING: A RADlU5 or 125.00 FEET, 'A CENTRAL lINGLE OF';' , ' .. 92'32'20", A CHORD BEARING OF S,0I'03'00'E. ANO A CHORD LENGTH OF 180,65 FEET: . ", , THENCE AlONG THE ARC OF SAID CURVE, AN ARC'LENGTH OF 201.B9 FEET TO THE POINT OF REVERSE CURvATURE OF A CURVE TO THE RIGHT, HAVING: A RADlU5 OF 75,00 FEET, A CENTRAl ANGLE OF ;- 48'27'13', A CHORD BEARING OF S,23'05'34"E, AND A CHORD LENCTH OF 61.56 FEET: THENCE AlONG THE ARC or SAID CURVE, AN ARC LENGTH OF' 63,43 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 25,00 FEET, A CENTRAl ANGLE OF 102'14'39": A CHORD BEARING or S,52'IS'22"W, AND A CHORD LENGTH OF 38,92 FEET; , THENCE AlONG THE ARC OF SA/D' CURvE, AN ARC LENGTH OF 44.61 FEET TO THE POINT OF. REVERSE CURvATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS or 1250,00 FEET. A CENTRAl lINGLE OF 20'J2'42", A CHORD 8OOl;.1G OF N,85'5J'J9"W, ANO A CHORD LENGTH OF' 445,82 FEET: . , AgYMa4~ 1:ci:!6j.'!;).1 . October 24,2006 ,/,OR: .~,~r1>1f:03~~ .j . ~ EXHIB1T " 6" oaF 9 ,.,.. r ;~~tJI:r l e e -- ~g~ Page 226 of 273 ..( OR: 3929 PG: 3021 ~ lAENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 448,22 FEET TO THE POINT OF TANGENCY or SAID CURVE: THENCE: S.B2'SO'OO"W" rOR SO~,7G rEET TO THE NORTH LINE OF PE:lICAN t.WlSH BOULEVARD AND THE POINT Of' CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 400,00 FEET, " CENTRAl ANGLE OF 52'~9'OO., A CHORD BEARING OF N,70'~5'30"W. AND A CHORD LENGTH OF 355,81 FEET; THENCE ALONG SAID NORTH RIGHT OF WAY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 368.7 J FEET TO THE POINT or TANGENCY OF SAID CURVE: THENCE: ALONG SAID NORTH RIGHT OF WAY LINE N,~4'2I'OO'W" FOR 500,85 FEET:' \t THENCE ALONG SAID NORTH RIGHT OF WAY LINE N,~O'O'JI"W" FOR 80,57 FEET: THENCE ALONG SAID NORTH RIGHT or WAY LINE N,~~'2I'OO"W" FOR 565,96 FEET TO THE POINT Of' CURVATURE OF A CURVE TO THE LEFT, HAiliNG: A RADIUS or 355.00 FEET, A CENTRAL ANGLE OF 46' \7'20", A CHORD BEARING OF N,67'29'40"W, AND A CHORD LENGTH Of' 279,07 FEET: . THENCE ALONG SAID NORTH RIGHT Of' WAY LINE AND tHE ARC or -SAID CURVE, AN ARC LENGTH OF 286,80 FEEf TO THE POINT OF TANGENCY OF SAID CURVE: THENCE ALONG SAID NORTH RIGHT OF WAY lINE 5.89'21' 40"W" FOR 1~7,5S FEET TO THE POINT OF CURVATURE OF A CURVE TO THE'RIGHT, HAVING: A RADIUS Of 25,00 fEET, A CENTRAl. ANGLE Of 36'52'11", A CHORD BEARING Of N,72'12'15"W, AND A CHORD LENGTH OF 15,8 I FEET: THENCE ALONG SAID NORTH RIGHT or WAY LINE AND THE ARC or SAlO CURVE, AN ARC LENGTH OF 16,09 FEET TO THE END Of SAID CURVE AND TO A UNE THAT IS 10 FEET EAST AND PARALLEL WITH THE EAST LINE OF US 4T (150' WIDE): THENCE ALONG SAIO LINE N,00'J8'20"W., fOR 1251.93 FEET; THENCE ALONG SAID LINE N,00'J9'12"W" fOR 827,S9 fEET: THENCE N,e9'20'45"E" FOR 567,10 fEET T A CORNER ON THE NORTH LINE OF TRACT "8" AS RECORDED IN PLAT BOOK 33, P"'GES 54- 56, COLLIER COUNTY, flORID'" PUBLIC RECORDS; THENCE ALONG SAID NORTH LINE THE FOLLOWING SEVEN (7) OESCRIBED COURSES: I) THENCE N,57'~7'S9"E" fOR ~S.92 fEET; 2) THENCE N,66'35'21-E.. FOR 110.68 fEET: 3) THENCE N,OO'39'12"W.. FOR 167,52 FEET: 4) THENCE N.77'~J'40"E.. fOR 57J.75 FEET: 5~ THENCE 5,72'S9'03"(" FOR 785,92 FEET; 6 THENCE 5,OO'J9'15"E.. FOR 27,71 fEEl: 7 THENCE N,69'20'45"E., FOR 503,76 FEET TO THE EAST LINE OF SAID TRACT -8"; THENCE ALONG SAID EAST UNE S,00'39' 1 5"E" FOR 100,64 fEET; THENCE ALONG SAlO TRACT "B" S,89'20'4S","" FOR SS,~5 rEEl; THENCE LEAVING SAID TRACT -8" S,IQ'4S'58''W., FOR 101.42 fEET TO THE SOUTH LINE OF CREEKSIDE COMMERCE PARK WEST -UNIT ONE. AS RECORDED IN PLAT BOOK 29, PAGES 57. &< 58, COLLIER COUNTY, FLORIDA PUBLIC RECORDS; 7HENCE ALONG SAID SOUTH LINE THE fOLLOWING SEVENTEEN (17) DESCRIBED COURSES: I) THENCE N,B9'20'06"E.. reR 101.06 FEET: 2) THENCE N,10'54'31"E.. FOR 34.S~ FEET; 3) THENCE N,15' 39'51"E" FOR 20,54 fEET; 4) tHENCE N,3S25'~2"E" FOR 1 9,95 FEET: 5) THENCE N,5I'oI'05"E.. fOR 27,49 FEET: 6) THENCE N.83'44'Oe"E" FOR 26,D fEET: 7) THENCE N,Bli06'33"E" fOR 42,94 FEET: B) THENCE 5,89' 35'03"E" FOR .:16,03 fEEl; 9) THENCE 101,69'39'1 n:" FOR 71.63 fEET; 1 0) THENCE N ,89' 33'17"(., FOR 16,36 fEET TO THE POINT or CURVATURE OF A CURVE TO THE 'RIGHT, HAVING: A RADIUS or 305.00 FEET, '" CENTRAl ANGLE Of 12'55'59", '" CHORD BEARING OF S,83'58'~4"E, AND A CHORD LENGTH OF S8,70 FEET: II) THENCE ALONG THE "'RC OF S"'ID CURVE, AN ",RC LENGTH OF 68,85 FEET TO THE POINT Of REVERSE CURVATURE OF A CURVE TO THE LEfT, HAVING: A RADIUS OF 60,00 FEET, A CENTRAL ANGLE Of J6'2S'24', A CHORD BEARING OF 1'1.64' 16'OS'E.. AND A CHORO LENGTH OF' 37,52 fEET: 12) THENCE AlONG THE ARC OF SAIO CURVE, AN ARC LENGTH OF 36,16 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 60,00 fEET, A CENTRAl ANGLE OF J3'04'22', A CHORD BEARING. Of N.82'35'04'E, AND A CHORO LENGTH OF, 45,54 fEET: . 1.1) THENCE ALONG THE ARC OF SAID CURVE, AN.ARC LENGTH OF ~6,le fEET TO THE POINT OF TANGENCY OF SAID CURVE; 1~) THENCE S.80'52'50'E.. fOR 36.59 FEET TO THE POINT or EXHIB1T "B W bOF.9 ---- j e;\;;:~NI~U;:':1 co--.., , . ,,;1LU!:IOILsER 'j I .) 'Ag'eilM:ll<irJI~~(J~1"I CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS O~rJe9ar~4, 2M~ FEET. A CENTRAL ANGLE OF 20'12'56" A CHORD BEARING OF P;3ge 227 of 273 5,70'46'21"E, AND A CHORD LENGTH OF 52,65 FEET; , !' , ' 15) TI-lENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 52,92 FEET TO THE POINT OF RF:vER5E CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 66,00 FEET, A CENTRAL ANGlE OF . 39'30'17", 'A CHORD BEARING OF S.80'25'01"E, AND A CHORD LENGTH OF 44,61 FEET; 15) TI-lENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 45,51 FEe:T TO THE POINT OF TANGENCY OF SAID CURVE; 17)' THENCE, N,79'49'51"E., FOR 45,93 FEET; THENCE N,74'55'42"E" FOR 121.32 FEET; THENCE N,84'4S'32"E., FOR 23.43 'FEET; THENCE N,8127'06"E" tOR 132..37 FEET; THENCE S,59'40'18"E" FOR 12,21.FEET TO THE NORTH LINE OF' PELICAN MARSH GOLF COURSE. PHAS! THREE AS RECORDED 'IN PLAT BOOK 25, PAGES 14-16,COLllER COUN1Y, flORIDA PUBLIC RECORDS:' THENCE LEAVING SAID NORTH LINE 5,69'40 18"E" F'OR 37,23 FEET; , THENCE: S,89'49'55"E., FOR 132,77 FEET; , ' ,THENCE 5,86'04'48"E" FOR 45,79 FEET: THENCE S,86'39'20"E.. FOR 97,78 FEET; THENCE S,80'39'23"E., FOR 32,53 FEET; THENCE S,56'04'43"E., FOR 35,11 FEET: THENCE S,36'19'27"E" FOR 32,02 FEET; THENCE S,OS'OI '01 "E" FOR 31.55 FEET TO A POINT ON A CURVE TO THE LEfT. HAVING: A RADIUS OF 80,00 FEET, A CENTRAL ANCLE OF 21'59'53", A CHORD BEARING OF 5,12'56'04 "E. AND 'A CHORD LENGTH OF 30,53 FEET: THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 3D,72 FEET TO THE POINT OF. TANGENCY OF SAID CURVE: THENCE S,23'55'OO"E" FOR 13,07 rEET; THENCE N.B9'20'4S"E" FOR 51.20 FEET TO THE WEST RIGHT OF WAY LINE OF FRANK BOULF:vARO (GOOOLETTE FRANK ROAD)( 1 30' WIDE); THENCE ALONG SAID WEST RIGHT OF WAY LINE S,05'34'48"E" FOR 3088,87 FEET TO THE POINT OF BEGINNING, AND ALSO; TRACT GC4, PElICAN MARSH UNIT SEVEN, REPLAT AS RECORDED IN PLAT BOOK 2~, PAGES 72-74, COLLIER COUN1Y, FLORIDA PUBLIC RECORDS, TRACT GC4 CONTAINS 4,62 ACRES LESS AND FXCEPT' (LESS PARCEL "A") rnJ e " o :x:J C,.oo-'" u::> ALL THAT PART OF SECTION 27, TOWNSHIP 46 SOUTH, RANCE 25 EAST, COLLIER COUNTY, FLORIDA AND BEll'IG MORE PARTICUlARLY DESCRI8ED AS F'OLLOWS: COMMENCING AT THE WEST OUARTER (1/4) CORNER OF SAID SECTION 27; THENCE NORTH 89'21'14" EAST, 10,00 FEET: THENCE NORTH 00'39'12" WEST, 827,69 FEET; THENCE NORTH 89'20'45" EAST, 45,00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE NORTH 89'20'45" EAST 366,43 FEET; THENCE SOUTH 00'39'15" EAST 34,09 FEET; THENCE SOUTHEASTERLY 47,35 FEET ALONG THE' ARC OF A NON- TANGENTIAL CIRCULAR, CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 70,00 FEET THROUGH A CENTRAL ANGLE OF 36'45'23" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 64'19'09" EAST 46.45 FEET TO A POINT OF COMPOUNDED CURVATURE; THENCE SOUTHERLY 259.53 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WESTERLY HAVING A RADIUS OF 197,21 FEET THROUGH A CENTRAL ANGLE OF 75'24'06" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 07'14'23" EAST 241.20 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY 151.40 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF 130,00 FEET THROUGH A CENTRAL ANGLE OF 66'43'37" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02'54'07" EAST 142,99 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY 120,22 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WESTERLY HAVING A RADIUS OF 70,00 FEET THROUGH A CENTRAL ANGLE OF 98'24' t 2" AND 8EING SU8TENOED 8'1' A CHORD WHICH SEARS SOUTH 12'56'10" WEST 1 05,98 FEET; THENCE SOUTH 62'08' 16" WEST 75,07 FEET; THENCE SOUTHERLY 48,75 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF 30.00 FEET THROUGH A CENTRAL ANGLE OF 93'06'13" AND BEING SUBTENDED BY A. CHORD WHICH 8EARS SOUTH 15'35'10" WEST 43,56 FEET; THENCE SOUTH '30'57'58" EAST 34,79 FEET; THENCE SOUTHERLY 19,94 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WESTERLY HAVING A RADIUS OF 80,00 FEET. . THROUGH A CENTRAL ANGLE OF 14'16'43" AND BEING SUBTENDED BY A CHORD WHiCH BEARS SOUTH 2.1'49.37" EAST 19.89 fEET; THENCE ALONG A NON-TAGENTlAL LINE SOUTH 84'13'14" EAST 13 1.51 FEET; ~ <....:> c::> r--> r--> <-. r EXHIBIT" 6" 7 OF 9 Gf!AiiR~iEi!~ I r3s7,')JMBEA ' , (,~ e e It 'l~ '}A~hc1a'I\'e'm~~d, gc"'. October 24,2006 , PaIle 228 of 273 ..f OR: 392~ PG: 3023V , (: :~ THENCE SOUTH 46'U'5"'" WEST 62.17 FEET; THENCE NORlH 84' 13'14" WEST 82,55 fEET; THENCE SOUTH 33'05'40" WEST 54.13 F'EEr; THENCE SOUTH 76'56'51' WEST 89.04 FEET; THENCE NORTH 58' 35'2'" WEST 65,19 FEEl: THENCE NORTH 15'31'55" WEST 74,80 FEET: THENCE NORTH 00'4"41" WEST 1 t 5,24 FEET: THENCE NORTH 28'22'47" EAST 171.51 FEET; THENCE NORTH 17"11'45" WEST 106,79 FEET: THENCE NORTH 13"02'52" EAST 28,51 FEET: THENCE NORTH 73"36'14" WEST 54,78 fEET; THENCE SOUTH 49'16'08" WEST 112,78 FEE'T: THENCE SOUTH 89'47'08" WEST 53,08 FEET: THENCE NORTH 58'00'49" WEST 50.49 FEET; THENCE NORTH 00'39'12" WEST,,303.49 FEET TO THE BEGINNING OF THE AREA OF THE HEREIN DESCRIBED: CONTAINING 5,15 ACRES MORE OR LESS; POINT OF ALSO LESS AND EXCEPT: (LESS PA~CEL "8") BEGINNING AT THE SOVTHWEST CORNER OF TRACT "e" OF SAID PELICAN MARSH UNIT SEVEN REPLAT: THENCE 5,15'52'00"E" FOR 54.86 FEET 'TO THE POINT OF' CURVATURE OF A CURVE TO THE RIGHT. HAVING: A RADIUS OF' 500.00 FEET, A CENTRAL ANGLE OF 32'33'00", A CHORD BEARING OF' . S.00'24 '30"W, AND' A CHORD LENGTH OF 280,25 FEET: THENCE ALONG THE ARC Of SAID CURVE. AN ARC LENGTH Of 284.05 F'EET TO THE POINT OF TANGENCY OF SAID CURVE: THENCE $,16' 4 t 'OO"W.. FOR 346.21 FEEl TO THE POINT Of CURVATURE,.OF K'CURvE TO THE RIGHT, HAVING; A RADIUS Of 300,00 FEET, A CENTRAL ANGLE OF' 33'42'57". A' CHORD BEARING OF S.33'32'28"W, AND A CHORD LENGTH OF 174,00 FEET: THENCE ALONG THE ARC or SAID CURVE, AN ARC LENGTH Of 1 76.54 rEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEn, HAVING: A RADIUS OF' \ 75,00 FEET, A CENTRAL ANGLE OF 71'53'32", A CHORD BEARING OF S.14'27'11"W. AND A CHORD LENGTH OF 205.46 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC leNGTH OF 2 19,58 F'EET TO THE POINT OF TANGENCY OF SAID CURVE: THENCE 5.21'29'36"[" FOR?522,19 FEET TO THE POINT OF CURVATURE OF A CURVE: TO THE LEFT, HAVING: A RADIUS Of 250.00 rEET. A CENTRAl ANGLE or 43'41'02", A CHORD BEARING OF S.43'20'07"E, AND A CHORD lENGTH ()F 186.02 fEET: THENCE ALONG' THE ARC OF SAID CURVE, AN ARC LENGTH OF 190.61 fEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE S,65'10'38"E., FOR '86,90 FEET TO THE POINf OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 55,00 fEET, A CENTRAL'ANGLE OF 120'56'22", A CHORD BEARING OF N.54'2t'\ l"E, AND A CHORD LENGTH OF 95,71 FEET; 1HENCE ALONG THE ARC OF' SAID CURVE, AN ARC LENGTH OF 116,09 FEET TO THE POINT OF TANGENCY OF SAID CURVE: THENCE N,06'07'OO"W.. FOR 752,14 rEET TO THE POINT OF CURVATURE OF' A CURVE TO THE LEn, HAVING: A RADIUS OF 105,00 FEET, A CENTRAL ANGLE OF 48"32'13", A CHORD BEARING OF N..30'23'07"W. AND A CHORD LENGTH Of 86,31 fEET; THENCE ALONG THE ARC Of SAlD CURVE. AN ARC LENGTH OF 88.95 rEET TO THE POINT OF TANGENCY or SAIO CURVE; 'THENCE N,54'.39'13"W" FOR 69,36 fEET: THENCE N,DT38'09"W" F'OR 72,39 FEET; THENCE N.7S'50'J2"W" FOR 22,30 fEET TO A POINT ON A CURVE TO THE RIGHT, HAVING: A RADIUS OF 1100,00 FEET, A CENTRAL ANGLE OF 06'.36'17", A CHORD BEARING OF N,1743'14"E, AND A CHORD LENGTH OF 126.73 fEET: THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 126,80 FEET TO THE POINT OF REVERSE CURVATURE Of' A CURVE TO THE LEFT, HAVING: A RADIUS Of 3033,51 FEET, A CENTRAL ANGLE OF 04'30'36", A CHORD BEARING OF N.18'46'OS"E, AND A CHORD LENGTH OF 238,71 FEEl; THENCE ALONG THE ARC OF SAID CURVE. AN ARC LENGTH OF 238.77 rEET TO THE POINT or COMPOUND CURVA'TURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF' 825,00 FEET, A CENTRAL ANGLE OF 23'26'25", A CHORD BEARING Of N,04'47'3S"E. ANO A CHORD LENGTH OF 335,17 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH or .337,52 FEET; , THENCE N,72'52'04"W" FOR 55,1 t FEET TO THE SOUTHEAST CORNER OF SAID 'TRACT "C"; THENCE CONTINUE N,72'S2'04"W.. ALONG THE SOUTH LINE Of SAID TRACT "C", FOR 45,39 FEET; THENCE N,B9'08'18"W, ALONG SAID SOUTH LINE, FOR \66,33 FEET TO THE POINT OF BEGINNING, EXHIBIT "BM 2$ OFCj I~-;-~"";"--- 1.1",~,I1.-1 ~Oll.lEn (:0-' , _r'L~.'WM[JF!I ' I j ., I 1:~~~1:MI~ 1455 ~ Page 229 of 273 *** OR: 3929 PG: 3024 *++ {" CLUBHOUSE PARCEL AT 8AY COLONY GOL F' COURSE AT PEliCAN MARSH LEGAL DESCRIPTION OF PART OF TRACT "GC-9, PELICAN MARSH GOlf COURSE, PHASE THREE, RECORDED IN PLAT BOOK 25, PAGES 14-16, COLLIER COUNTY, flORIDA PUBLIC RECORDS, AND ,BEING !.lORE PARTICULARLY DESCRIBED AS F'OlLOWS: - COMMENCING AT THE NORTHEAST CORNEll OF lOT 6J, BENTGRASS BEND Ar THE ESTATES AT BAY COLONY GULF CLUB, RECOROEO IN PLAT BOOK JJ PAGES 54 - 56, COLLIER COUNN, FLORIDA PUBLIC RECORDS AND THE SOUTH RIGHT OF' WAY LINE OF BENTGRAS5 BEND AND A POINT ON A CURVE TO THE RIGHT, HAVING: A RADIUS OF 225,00 rEET, A CENTRAL ANGLE OF J7'56'47", A CHORD BEARING (IF S.o39'47'59"E, AND A CHORD LENGTH OF 146.43 FEET: lHENCE ALONG SAID S(lum RICHT OF WAY UNF AND THE ARC or SAID CURVE, AN ARC LENGTH or 149,15 rEET 10 lHE POINT Of' REVE:'RSE CURVATURE OF A CURVE 10 IHE LEn, HAVING: A RADIUS OF' 270,00' FEET, A CENTRAL ANGLE or 11'09'37", A CHORD BEARING OF 5,26'23'23"E, AND A CHORD lENGTH or 52,51 FEET: THENCE ALONG SAID SOUTH RIGHT OF WAf LINE "NO THE ARC OF SAID CURVE, AN ARC LENGTH OF 52,59 FErr TO THE END OF SAID CURvE AND THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH RIGHT or WAY LINE S.23' 49' 4 7"W" A DISTANCE OF 165,49 FEET: THENCE S.23'OI'09"E" A DISTANCE OF 72,96 FEET: THENCE S,I3'2I'o30"[" A DISTANCE OF 123,16 FEET: THENCE 5,6T07'o33"W.. A DISTANCE OF 93,07 F'EET: THENCE S,03'55'02"E.. A DISTANCE OF" 153,41 rrET: THENCE 5,60" 1 O'J6"E" A DISTANCE OF 71.66 rEET: THENCE 5,86'30' Is"E., A DISTANCE OF 297,50 FEET: THENCE N.s4'Ol'Qs"E.. A DISTANCE or 212,98 FEn TO THE WESTERLY RIGHT OF WAY LINE OF, BRASSIE FIEND AND A POINT ON A CURVE TO THE RIGHT, HAVING: A RADIUS OF :I~5, 14 fEET. A CENTRAL ANGLE Of' 03'29'T'", A CHORD BEARING OF N,Ol'58'~2'E. AND A CHORD LENGTH OF 21.00 F'EET: THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 21,00 FEEl TO THE POINT Of TANGENCY OF SAID CURVE: ' THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE N,03'~3'27"E., A DISTANCE OF 169.42 FEET TO THE POINT Of' CURVATURE Of' A CURvE TO THE RIGHl, HAVING: A RADIUS OF 155,00 FEET, A CENTRAL ANGLE OF 01'19'15", A CHORD BEARING OF N.04'22'59"E. AND A CHORD LENGTH OF 3,57 FEET: 1 THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH or 3,57 FEET TO THE SAID SOUTH RIGHT Of WAY LINE AND A POINT or REVERSE CURVATURE OF A CURl'( TO THE LEFT" HAVING: A R"DIUS OF 29,00 FEET, A CENTRAl ANGLE OF 79"JO'28", A CHORD BEARING OF N.34'42'3'"W, AND A CHORD LEN.;T/i OF 037,09 FEET; THENCE AlONG SAID SOUTH RIGHT OF WAY LINE AND THE ARC or SAIO CURVE, AN ARC lENGTH OF 40.24 rEET TO THE POINT ,OF TANGENCY OF SAID CURVE; THENCE ALONG SAID SOUTH RIGHT or WAY UNE N,74'27'45"W" A DISTANCE OF 166,21 rEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF :100,00 FEET, A CENTRAL ANGLE OF 07'00'14", A CHORD BEARING OF N,70'57'o39"W, AND A CHORD LENGTH OF :16,65 FEET; THENCE, ALONG SAID SOUTH RIGHT OF WAY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH or 36,67 FEET TO THE POINT OF TANGENCY OF SAID CURVE: THENCE AlONG SAlO SOUTH RIGHT OF WAY LINE, A DISTANCE OF 119.59 FEET TO THE POINT OF CURVATURE Of A CURl'( TO THE RIGHT, HAVING: A RADIUS OF 270,00 FEET, A CENTRAl ANGLE OF 035'29'23", A CHORD BEARING OF N,~9'42'52'W, AND A CHORD lENGTH OF 16~,s8 rEET; THENCE ALONG SAID SOUTH RIGHT OF WAY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 167.24 FEET TO THE POINT or BEGINNING. tp EXHIBIT "6" ? of 9 I. I~~R~~ G1 e Folio No. 00168042900 MIA Agenda Item No, 8e Rev. 1 October 24,2006 PUDZ-2005-AIf-w:JjO of 273 PROJECT #2005110029 DATE: 4/21/06 Michael DeRuntz . ... Details <, OWner Name OCEAN BOULEVARD PARTNERSHIP Add.....e. 2800 GOLDEN GATE PKWY STE 200 CIbI NAPLES I Statel FL I Zip. 34106 .3227 Legal 27 48 25 EL Y 2.25AC DESC AS: FROM NW CNR SEC 27, S 125.02FT NEL Y34.99FT, S89DEG E 634.22 FT TO POB, S811DEG E 12.87FT, 'For more than four linn of Legal D.scrlptlon pl.... call the Property Appra18.r"1 Office. 100 51 Acres 2.25 133 --t MIIlaa 12.8116 Section 27 TOWl18hl 48 Sub No. . ~ Use Code ACREAGE HEADER AGRICULTURAL 2005 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History e Land Value $ 882,090.00 I (+) Improved Value $0.00 fa) Market Val.... $ 882,080.00 . 1-1 SOH Exempt Value S 877,972.00 , (=) Assessed Value S 4,118.00 (-) Homestead and other Exempt Value $0.00 (=) Taxable Value $ 4,118.00 Amount Date Book - Page SOH = "Save Our Homes" exempt value d\le to cap on assessment Increases. - The Infonnation Is Updated Weekly. e :f .., :'ell .T.;> :!! -=- >- c:::l !:; :3 t..n Q en '-' "" c:: L.LI c-..J ::::i ....J 0 c:::l '-' Agenda Item No, 8e October 24,2006 r~Ji~"1 of Lfj l?o::cp.:...ty ag;n:aiser's pa%Cel ident:ific:atia1 ~ 00157800004 and 00176760009 ~~~~~~St'~ ~.~ q.!\ /3, ~OC, OllO, - ~ 0 :::::a :;::0 0 OJ (.a.) 0 0 CJ:) ===- - DEED ]!lade this Nov.ember 14 , 1988 by Lamar Gable, '.!his .insb:uIlient pl:'epare4 by H.axolc! S. ~I SUit:a 200 260Q Golc!en Gate ~ Eap!esl Florida 33942-3206; a.rd Wen reoorded J:et:ur:n to tee. T.readweU, Sui:t::a 200 2600 Golden Gate Pax>>1ay, ;/J Naples, Flor.i&\ 33942-3206 ~ f3 J~ i .... .~ c:: Har~ld s~ Lynton and Marguer~ta R. Collier as Trustees.under the Trust created for the benefit of ~arquerite R. Collier under Article SDCTH A. Of the wiil of Barron Collier, Jr., deoeased, probat~d in the circuit court for Collier County, Florida, Probate Division, File No. 76-33, and also by them individually (hereinafter, as such Trustees and individually, called the Grantors), whose post office address is suite 200, 2600 Golden Gate Parkway, Naples, Florida 33942-3206, to OCEAN BOULEVARD PARTNERSHIP, a Florida partnerShip (hereinafter called the Grantee), whose post offioe address is suite 200, 2600 Golden Gate Parkway, Naples, Florida 33942-3206. :tn consideration of one hundred dollars and other . good and valuable consideration, the r~ceipt of all of which " is hereby acknowledged, the Grantors hereby bargain,. sell, grant and convey to the Grantee and. its successors and assigns, the tracts and parcels of land situated., lying and being in Collier county, state of Florida, described in Exhibi~ A annexed hereto, together with all tenements, hereditaments and appurtenances, and all rights, powers, privileges, titles, estates, reversions, interests, ... remainders, easements, and riparian and littoral rights thereto belonging or in any wise pertaining. TO HAVE AND TO HOLD the same in fee simple forever. SUBJECT to any reservations, rights-of-way, eaSeJ%ients and rastrict.ions that are of record or that an inspection would disclose, inclUding, without limitation, = -00 :>>- C') en m -...j ~ , ( e e -- ." . Agenda Item No, 8e October 24, 2006 FO\:jc 2JZ 6f 276 L2itf~ 1 those 1!or roads, construction o~ roads, railroads, public utilities, water, water lines, sewers, sewer lines, telephone and power lines, borrow pits, outfall ditches and drainage. IN WITNESS WHEREOF, the Grantors have ~ecuted and delivered this deed the day and yee..r .~irst above mentionec1. signed, sealed and delivered in our prese1;1ce: 0 ~ ::0 0 C::l c..,) [L.S. J 0. CD <<:::) :;::0:: .po . ~ ,f. ~.tIL~ '1 .. ,'~ Lamar' G 1e , ~~~c. ~; ~~ ---./ ' Harold S. Lyn ..Ja-) ~ ~,,~ ........~ R.."'-~~""~ Marg~erite R. Collier (L. S ~~] As Trustees unc1er the will of Barron collier, Jr., deceased. and also individually . , = = -0 l> C") ('T1 en ...., Cr') STATE OF FLORJ:DA . ) ) ss.: COUNTY OF COLLIER > The foregoing instrument was acknowledged before me this , 1988, by Lamar Gable, Harold S. November 14 Lynton, Marguerite R. coll~ as Trustees under the will o~ ____~~F='C?}:'l ~oll~"e.rL~~'L ?_e~,,:<:-~!-~,'.. and ~~~?_"~?':iivid?allY, ~1~\L,\~~ut~:.:~::.~.....~. . ....,.......~ ......... ;': .J ,," :",".,: t~..~."... "": ,.".~..;.. fi~")..."",'C.,;'.-1',. .....; ..;.. jj:'J r "".__ ~"'.J .~ ';.,J ~ ? Po. ,,\~ ~;.. ;;'l ': .~ ;~~, .: .~. ,;~ -:. ...'" l.,J.., .- .' ~ ... ~. !.~~"'.'.. .._,.1 '.;. '_~~ .;,. . ." ~ ., .~. . 'Y~ .~. ~j1.1 '., P1r-,..,'<:\ ,. ~~... I/Ii.. ..... \;\\~.:_\\..'" . ...jl'lnl:'~"" ~X~ Notary Public HOrARV pUlll..IC 5;"'11 or f\.~ MY C(J'I'lCS!llCtHxP,OCT.I:s.\v.... WClEO nAl IlElolEMl-lNS, utlO. -2- 'c Agenda Item No, Be October 24,2006 ~llJrm \:r~~'" - ~ EXBJ:Br.r A OP DEED OF IilOV'EKBU 14, 1988 BY IAHAR GABLE, B'r AL, ETC. TO OCEAN BOUlEVARD PARTNERSHIP. A FLOIU:~ PARTNERSiD:P . ~~thcse portions of Sections 27 and 34; Township 48 South,Range 25 East, Collier County, Florida, lying westerly of the East line of the Plorida . Power and Liqht Company easement (which easement is described inDeed Book 30, paqe 27, !lnd is dated August 24, 1953), and lying southerly ot state Road 846. ~ the parcels (1) comprising Pine Ridge Second Extension as ~ecorded in Plat Bock 10, Fag. 86; and Pine Ridge Second Extension Replat ,as recorded in Plat Book J.2, Page 57, (2) conveyed to Collier County., a POlitical Subdivision of the state of . Florida, by deed of December 3,' 1975 reoorded in o. R. Book 637, Page 116J., (3) conveyed to Mart Realty by deed of March 11, 1977, recorded in O. R. Book 680, Page 780, ancI (4) conveyed to EXchanqe Bank of Collier county by deed of July 2, 1979, recorded in o. R. Book 820~ Page 12, all such recordations being in the Public RecordS of Collier County, Florida. c:::;) Dc:::;) ::a CO o o :::-::; CJ,.) c.o .;:- The tracts and parcels conveyed by the present deed are part of the lands conveyed to the. Grantors by deed of June 7, 1982, reoorded ,in O.R. Book 975, Page 660, in the Public Records of Col~ier County, Florida. c:::;) c:::;) ~ C':) c::::-, l"T1 ...... -., .~ .... . ( - 3 - r Owner Name OCEAN BOULEVARD PARTNERSHIP II , " Addresses OCEAN BOULEVARD PARTNERSHIP I 2600 GOLDEN GATE PKWY STE 200 r CItv NAPLES II Statell Fl B Z1pll 34105.3227 Folio No.~ 00168042803 Map -. Current Ownership Property Addressll NO SITE ADDRESS Rev. 1 Agenda Item No, 8e PUDZ-200S-AR-8833:tober 24, 2006 PROJECT #200S11dtJB 234 of 2731 of 1 DATE: 4/21/06 Michael DeRuntz Details ' ~ IL legal 274825 CREEKSIDE BLVD EXT DESC IN OR 2850 PG 2368 Map No. 3A:tT I Strap No. I 482527 024.0003A27 Section I Township II Range II 27 48 25 Sub No. I 100 I ACREAGE HEADER '1J Use Code 94 MISCELLANEOUS Acres 3.01 I 133 2005 Final Tax Roll (Subject tb Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll land Value $ 100.00 + 1m roved Value S 0.00 = Market Value $ 100.00 SOH Exempt Value $ 0.00 sessed Value $100.00 mestead and other Exem t Value $ 0.00 = Taxable Value $100.00 SOH = .Save Our Homes. exempt value due to cap on assessment increases, Latest Sales History Date II Book. Page ~ Amount -- The Information Is Updated Weekly. -. .It ~ Agenda Item No, 8e October 24, 2006 Page 235 of 273 ,f"r 1885140 01: 2009 PG: 1568 IICaIIIII U erncw. .... ., CIIIUo" -..r. R 12/"'" It. .2:_ lOaf I. 1I8CI. CI.IIl ... arne.H _ DI 15.H umu; I'" __.11 UU.M I - Dba: JU !IIIIIIIII. KH CIOYII em 1l1J 'B' IUUI' II. Uta lJ,7~J TNa ......... .......d by ...... s. "ynIan .... zoo . 2100 GoM.n 0... rM"......' ....... FIaddII 33M2-32Oe ... ...... ....-....a ......-112 .... ~.. SuIIIt 200- ' 2800 GOId.n Galla hr'-..av ........ FbtdI- 33fM2-3208 Gr8ntM". ax ...atffic4ldu.. ....r.e..r. 00167800004 A~ P\",oAly ." .... nEJa) _de ~. Hov.-J:Nlr 1, 1994 ~ T..._... Gah~IIl, Francaa G. V.1.l.1i1lr1l, Barron COll:1ez' :In aDd. JU1J.et:. c. .sprOn1 (ha:eiaarter collact:.1v4Uy call_ tba ~.), vboae po.t o~tica acIdz'eaa 1. SUite 20a, 2~O Go1clen Gab. ~Y. Hapl..., F1or1da 33942-3206. "1'0 Ocean Bou1.~ l'artDerah:1p IX. . P1.or.ida ~ip, (harai.na~ c.a11ad 't:be .C;:~.), who.. pcMrt: orr.1.~ aol34r_ ~. SUJ.te 200. - 2600 COl.d~ Gate P~kwar, liap1.es, F1.orlda, 339012-3206. w:r .. . * . . . .. .1I u_ _..~ --.- contrliJ.iticm-to-tiM, capita-i~---th.'Gr~.-anci-rorqh. -._-- ~ Do11ar ~ r<ace1.pt 1. bar.by acknov1ecS9-S. 1:be Grantor.. hcrel:lyq:1ve. grant, 1:rana;far aJICI convey to the Grantee -11.I)(I 'the GrIIJIQa'. .ucc..lIOr. and -_ig:aa,th. l.and d.-cru-d in Jbrb:1b1.~ A beJ:~, l.yiDg and beiDg tn C01.1.JAr COImty, Sta~. o~ F1.orida, A1O:J in .1.1. bui1dinga, t:en...nta , ~, herecti. ~'t;.a. appurtenance." .....-nt:a .n4 r:l.g'bt:a 1:h~to be1cmg!.no; or in any v.i... perta1niD;J, TO HAVE AIm 'ft) BOLD 1::!uI __ in :tea _t.p1. :t'DII:"eYer. ~ t:a &I'IY IIJId al1 crut:.ataacUDtjJ vaJ.1d _ttara o:t' rttCOX"c:J or _tt:.ra that a survey or inspection would 4iaclo.e. Agenda Item No. 8e October 24, 2006 Page 236 of 273 OR: 2009 PO: 1569 - \ 7.M~ 1 saicl l.and 'is ~t:ha hoIIell1:Acl o~ anyone. D 1I1f.1.ftESS IlfIPJIOl". t:1ui, Grant:or.s have exacut:ed aJ:Illi!' 4e:(1.v~ ~. Deecl 'the clay aDd y..r ~irR a:bove~oDe4. s.19JUM!., ~e4 aDcl aeU.VC:ecl iD 0lU' ~~~: e~a. . () 4.Ldl... 4. [Pr:lDt ....) a~J CJ~ (!~c.,) JI- SHtfl4/. [Print ....] Q...d~ 'i> ino L /.l# Ill! ~ ., ~~~.!D'~ Fre.Dc::rea G. V lira c ~ - ra~:' f''' BarraD Colli.. :In .?u<<.;.. -,-'/, ~ ~ p7 U1.ie1:; ~. Spr uJ. ~ ~ 1I"I.oOR%D' ~ 0" CDLL%Z1l ) ) ...:...... ) .d _ ._~_t:~~_~~~~t; .~~~~~~~.~~~_.~_~~__,___._. _ '. ~ 1... 199..... by x.a:.ar c.ble.. ~.. Ge. Vi.Uere, Barron C:011:ler :1::[1: and JUliet C. Sproul who are peraomil11y knovn to .... . ~ J:...ib- H~ Pab1!o CAJLaanI NOrAIn' PlIBUC STAn: OF JlLOIIt . CONM8IOllI.No.~ MYCOMMIlSJONEXP.AI'R.'II..'!llI8 --. - 2 - I . Agenda Item No. 8C October 24,2006 Page 237 of 273 JOHNSON ENGThlEERING, L~C. fICIId IlI'lCRS NNILES ran ow.DnE 21M .!ICHNSON STRUT 1DDNClIC'" D<<lCM' 111-~~':M4A POST orne.: 801 1Sse .000T ..,.IU5. '\'0'"0& ~ CAllI. ~ .DtN$ON - ~ ARCHIl: T. C:"AtlT. .m. ~r J'OJlllt~ST H. aAHIC$ .IOSE,.H w. E.NE:~ STnEN It. IlIOItRISClN A....OKI:W D. Tn. 'JON .)E.....ItEY e. COONER c:.AJn. ,.. ..'UIACO DAN w. DICItE.Y KENTON It. II:ElpNG W. BWITT POM~f10Y W. DA'VIO ltE'Y. .lR. KIYIN M. WINTER ~ Ge:OItGC .I. It At. A I.. MtCMAEL. L HARMON GARY JIt. BULL STE~HI:" w. AD....S "ATRletA H.. NEWTON CDlII1T.INI' Ll:STEJt L. IULSON Exhibit A ENGINEERS. SURVEYORS AND ECOLOGISTS October 11, 1994 DESCRIPJ10N PARCEL lWO SECllON n, T. 48 S.) R. 25 E. COUJER COUN1Y. FLORIDA A tAd or J*CCl of JaDd lyiDa iD Scdioo Z1, TOWDship 48 South, Rlm&c 2S East,. , Collicr,Coanty, Florida which IJact orparc:cl is described as follOWS: fJom the nortbwcst comc:r of said Section 27 IUJl S 00- 02' 331 W aJougthe wesl1iDc of said Section 27 and the East line ofTamiami Trail (S1ate Road No. 45) for 125.D2 feet to the South Ijuc of Immokalcc Road (State: Road No. 846); tbtDCO nm aIoDJ said South liDc the following COUISCS: N 4S" 28' 51- E far 3S.G8 feet; S W 04' 03" E Cor 573;46 feet; S &r 12' IS" E for 500.61 feet ,am:1 S W O4J OJ- E for 147m fed to the Point of ~:III';~)&. From said Point of Begbming CODtinuc alOD!: said South IiDc of Immoblec Road. the: following courses: S 89- 04' 03" B for 1108.S1 feet; 800" 55' 57. W for 10.00 fed; S 89- 04' 03- E for 150.19 fed to ~ Wcsa 6Dc of the Northeast quarter (NE-1I4) of said Section 27; tbcDcc continue along said South line of Immolcalcc Road S 89'" 07' IS- B for 11 un feet to tbc r..r tine of FJMda Power aDd lisbt Company easement dcsc:ribcd in mswmc:nt recorded in Deed Book 30 at Page 27, Collier County RCCOIds; thcm:c nm S 04- 52' 15. E along said East line fur 1532.85 fed; thence run S SS 06' 45. W for 100.00 feet to the EasS tiDe of a dminagc casemc::nt dc:saibed ill deed IeCOrdcd in Official &oord Book 682 at Page: 197~ said Public RcaJrds;' thc:uc: 11m S 04- 53' 15- E along said East line for 75.00 feet; tbe:ac:c nut N 89- S7' 49- W for 3258.67 fCd to said East JiDc of - ~bai-T-J8i1~-Ihc:Dce-nurN-OO.02'33.'E alo.ng'Siil5SIlJDem.r -- 475.22 teet; theJK:c :run S &r 57' <19" E for 1245.00. feet; 1hencc nm N 00. 02' 33- E for 1115.51 feet to the Point of Bepming. ContSljDiag 89.92 acres, mOlt or less. SUBIECI' 10 easements. n:strldions and R:SCmllioDS of RCOJd. :Bc:arln8S hcrc:iDabovc JDCDtioncd arc based on the ccntedine survey of Immoblcc Road (State Road No. 846) ad the North line of the Nottb~ quarter (i'"'W-1I4) of Sccrion ZI, Township 48 South, Range 2S East bears S 89" 04' 03" Eo MLH/tc 2S136a ~:.J --<J t. J ..'./.~ Midrad L HaJmOD (For.nc Firm) n-f'~_1 T -.a ~-_.- . ~.lV_~V>>A: ~N ~~T-= Florida Certificate No. 2904 .( .. ... ~ .. ~ ~ c::> CoO .:g ._~,_.~~....~. . to- ~ ~ C> ,. at' .. . . . I Agenda Item No, 8e October 24, 2006 Page 238 of 273 NAPLES DAILY NEWS BUSINESS PARK PLANNED UNIT DEVELOP:MENT PROPERTY OWNER LIST Folio Number: 29331190521 Creekside Commerce Park Property Owners Association, Ine. 2600 Golden Gate Parkway Naples, FL 34105-3227 Folio Number: 29331190660 Creekside Commerce Park Property Owners Association, Inc. 2600 Golden Gate Parkway Naples, FL 34105-3227 ,:; Folio Number: 00168040601 Ocean Boulevard Partnership IT 2600 Golden Gate Parkway Naples, FL 34105-3227 Folio Number: 00168046003 Ocean Boulevard Partnership n 2600 Golden Gate Parkway Naples, FL 34105-3227 Folio Number: 00168042900 Ocean Boulevard Partnership 2600 Golden Gate Parkway Naples, FL 34105-3227 Folio Number: 00168042803 Ocean Boulevard Partnership IT Ocean Boulevard Partnership 2600 Golden Gate Parkway Naples, FL 34105-3227 ., J- .I -0<.0(') roOr--- ,ON ON-- Z - 0 'T EN~ Cl>'-N _Cl> --a<ll roOOl -o-'ro CUD.. 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Q) U~ ...cl u (,) (,) U U U ~ u u .s~~~~~'-'.s~ o "'Cl ~ o U ~... ~.... ~ ~ Q) Q) f$f$ Q) Q) Q) Q) Q) Q) "d"d"d"'Cl"d"d ........ oP""4 .~ ........ 0""",, .~ (/) ~,~ ~ ~ ~ ~~~~~~ Il.) Q) Q) Q) Q) Q) ..... ..... ..... ..... ..... ..... uuuuuu Q) Q) Q) Q) "d"d"'Cl"d ....... .~ ....... ....... ~ en en en ~~~~ Q) Q) Q) Q) Q) Q). Q) Q) ..... k."..... ..... UUUU I--t I--t I--t ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ,0 ~ ~ ~ d( 0 0"- ro \D -.::t t"- ....... 0 00, \0 0 .-< \0 00 0\ ~ N 0 ....... "d ro ..---< V) ..---< 00 \.0 0 \D VI 00 V) ("f') ("f') ("f') 0 0 ....... ..... ("f') ("f') -.::t 00 0\ \0 r-- r-- 00 \(') -.::t \.0 \.0 00 0 0 0 ..... ....... 0 ~ ...... ~ d( ?F- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ro r-- VI 00 0\ -.::t .- 0\ ("f') -.::t 00 ....... ....... ..---< 0\ 0 ~ ....... ..---< VI .- 00 \.0 ......... \0 V) 00 VI ..q- ": .- 00 0 CI:l Q) ..... ("f') ("f') ..q- 00 0\ \0 t"- t- oo VI ~ \0 \.0 t"- o Z 0 ......... 0 ..... ...... ~ VI VI t"- o N ("f') ......... V) ("f') ~ ......... -.::t 0 VI N "d r-- r-- t"- 0\ v: N 00 r-- N 0 \.0 ("f') ......... ("f') r-- en Q) VI 0\ N \.0 ("f') ~ ~ ~ ("f') N .- ~ ("f') 00 ~ Q) (/) ..---< ~ VI ~ 00 VI ..... .- u >- ....... ......... ......... ~ ~ \0 -:r: Q) ("f') ~ V) V) ("f') 0\ V) 00 b.O N ~ ~ 00 \.0 N .S 0 0 0 0 V) VI ~ 0 0 0 0 0 .- ro 0 0 0 I 0 0 f-4 r , I I I .... ~ ~ 0; <:; q ~- I--t I--t I--t ~ IJ1 -:r: ~ ~ U) (/) en U) CIl U) U) CIl U) CIl CIl CIl CIl CIl CIl Q) Q) Q) Q) OJ Q) OJ OJ Q) OJ Q) Q) Q) Q) Q) ..... ..... ..... !-< ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... (,) u u (,) (,) (,) (,) (,) (,) (,) u (,) (,) u (,) ~ --< -:r: -:r: --< -:r: -:r: -:r: -:r: -:r: -:r: -:r: -:r: -:r: -:r: --< ~ \.0 0 ("f') 0 N ("f') ......... V) ("f') ~ ..---< ~ ~ ~ 00 ~ ....... ("f') V) 0\ VI N 00 t"- N 0 \0 ("f') ("f') 0\ \0 ~ ......... ......... ..---< \.0 ("f') N ~ N ("f') ~ .- ~ N N \0 f..,; ("f') <<.. ~ ~ !:: 6 0 ...-( N l") "<T In .... C> ...-( N l") "<T \.0 t- oo 0, ...-( .-< ...-( ...-( ...-( ...-( C> 0) Q) Q) Q) Q) Q) Q) 0) 0) Q) - - Q) Q) '" tr) Q) Q)' ~ 0 u u u u u u u u u u u u u u .t1 I... l-. l-. l-. l-. l-. l-. l-. l-. l-. l-. l-. l-. l-. 0 r:t1 r:t1 r:t1 r:t1 r:t1 r:t1 co:l co:l co:l co:l co:l co:l r:t1 co:l ., ., N p.., ~ P-l p.., ~ ~ ~ ~ p.., p.., p.., p.., p.., P-l 6 Agenda Item No, 8e October 24,2006 Page 240 of 273 OWNERSHIP DETAIL 04/20/05 1280 CREEKSIDE MEDICAL LLP PARTNERS MM Creekside West I nc 50.0000% M Lutgert Creekside Medical LLC 50.0000% '" A Limited Liability Partnership formed for the purpose of holding and leasing the medical office building located at 1280 Creekside Street, Naples, FL, Unit 1280 of Creekside Medical Commercial Condominium. ~ , " .J Agenda Item No. 8e October 24, 2006 Page 241 of 273 04/11/05 OFFICERS AND DIRECTORS 6rtt-b;~ JAt~~ C~We:J C~ ItJ.50t. President Paul J Mannelll Vice President Dave Borden Secretary Brad Boaz Director Douglas E Baird .)l "' '1 Agenda Item No, 8e October 24, 2006 Page 242 of 273 OWNERSHIP DETAIL 04/25/05 CREEKSIDE WEST INC Share Holder Katherine G Sproul, Juliet A Sproul & 14.38303% Jennifer S Sullivan, as Trustees for Juliet C Sproul Testamentary Trust Share Holder Barron Collier III 17.56611 ' Share Holder Lamar Gable 31.80984% Share Holder Frances G Villere 9.67516% \ ,:; Share Holder Christopher Villere .:; 5.67919% Share Holder Lamar Villere 5.67919% Share Holder Mathilde Villere 5.67919% Share Holder Phyllis G Alden 6.34522% Share Holder Juliet C Sproul 0.34348% Share Holder Jennifer S Sullivan 0.94653% Share Holder Juliet A Sproul 0.94653% Share Holder Katherine G Sproul 0.94653% /. ") ,Ij ') ") t! , i 3" Agenda Item No. 8e October 24,2006 Page 243 of 273 OWNERSHIP'PET AIL ( OCEAN BOULEVARD PARTNERSHIP II .:; LamarGable Citrust Gift Partnership (fka Sproul Partnership) Barron Collier IV Irrevocable Trust Alexandra E CoUierlrrevocable Trust Lara C Collier Irrevocable Trust GE:r\iJE~L PARTNER 50.0000% 37.5000% '6.2500% 2.0834% 2~0833% 2.0833% I(" ") ',0S/Q'sJq5 (p OWNERSHIP DETAIL CITRUST General Partner General Partner General Partner Lamar G Villere 33.3330% Christopher Villere 33.3330% Mathilde B Villere. 33.3340% ') Agenda Item No, 8e October 24, 2006 Page 244 of 273 04/26/05 1 OWNERSHIP DETAil GIFT PARTNERSHIP .~ GENERAL PARTNER Katherine G Sproul 33.3334% Juliet A Sproul 33.3333% Jennifer S Sullivan 33.3333% ") Agenda Item No. 8e October 24, 2006 Page 245 of 273 05/05/05 ? , , :OWNER$HIPO.ETAlL . ""-, ,OCEAN iaoUU:VARO gAATNERSHIP BarrOn Collier m Ji.Juet C Sproul lamar G~ble FGV Enterprises of Naples L TO '", ., c. ,,. GENERAL PARTNER 6:2500% 6.2500% 50.0000% 37.5Qoo% Agenda Item No, 8e October 24,2006 Page 246 of 273 05/05/i15 9' OWNERSHIP DETAIL FGV ENTERPRISES OF NAPLES, L TO FGV Holdings of Naples LLC 2000 Frances G Villere GRA T ') GENERAL PARTNER 5.0000% ~ Agenda Item No. 8e October 24,2006 Page 247 of 273 04/27/05 LIMITED PARTNER 95.0000% /lJ i ; OWNERSHIP DETAIL FGV HOLDINGS OF NAPLES LLC Managing Member Frances G. VilIere ") 100.0000% ~ Agenda Item No, 8e October 24, 2006 Page 248 of 273 04/27/05 If ,~...... I I ~ 'Rill !;cn H- i!Cl ; Z Agenda Item No, 8e October 24, 2006 Page 249 of 273 ~~ .,.l )-~ ~;D ;;~ ) ~~ f~:~ ii}.~ ;:;f~ '. 'p. ,,:.; i ,1 f ~ ~ 1(,; '~ ~ :t~ \j ;~ ~ "- -- Agenda Item No, 8e October 24, 2006 Page 250 of 273 ~. ~-- " ( = 115 Ei i~ '0" i & · illll I: I\) ..... ~ .. _._~~...Ws1f If' I I I $ r m ~ r- w m >< - en -I - ~ en =I m g ;~ r-!; I~ !srn ""';1 tr "rt ~~ g~ Cl)Z .G') ::fi t.. ~f o ..a. ~ :Jlo 8 i. 1:2=." c: ~im! 51; ~ zz m "I:') :g ,,-., s: o C m .. ~g sa:u Ci)- zO (/) INC. /~ I ii1~ ..., !~ '""it t~ ~I 1- 0,1 ~I ~I g 2 t:: IUQ L I ~ CD s: m)> 0 cn:u c -- m G)O r- Z tn INC. g ;~ I'"'~ is do ~a ~~ t:-. .., ~i Sz me;) ~i t~ ~~ ~ B ]I' () :l i 0_ c:~ji z~" illl -, /......-... -- . co m)> (1):0 -- ~o en INC. s: o c m r- I nI~ r"'!E 1$ ~!l ....::g t~ "1'1 ~i 8z mG) ~~ t.. ~~ g 2 )10 I ;1 dil s: o c m r- ~ CO m)l. (1):0 Ci6 Z (I) INC. I ni~ "'5: is !j~ ';'I" f~- ." ~:u gi CDG) 'x ~~ t.. ...,~ ....:1> ~ 2 r o ~~ i3!=~ c:~mO') ~Iii ~~~r- ~~ :f . i' ".Oi!!f;;'- a .,,-a::,..lt f~ >!i5:;;'h..s. 10 ra!f~!t;lf al~ Q.~ll;g: oc m ..cc!.> n;1l~I~ nCf) -il=l:!:- "C [a:~g ;: ;:;-_1. ~. ~I'~~i ~ ~~~: ~ ~ - a. F:\P ~ ~~~ P ti ~ ..ff: ;;II! ~~~.L> -e~i5 g,al! I .i.i -~~. !gi! _ I "UfI'WfP'" !r~ II k['ll~~ IfH I! fI- JI.11 I l! IU!lr~liJ!1 ~ iJ III!~~MgJI j ~ Il',fllrrt;ipl ! h "lllll'llffR I ' ... 'i I"{ Ii I ~ I~ ~;iIJIIiJllrj' I II] J ~I;s ~~ ijil~ ~2 p: ~ II ~ -~ ... m ,.. r; ,. z J: ,. 21 fR :z: ... 5 , !SID .. .. ~ rn me'> :Eo ,.'" 'tI~!: ,..mm "-1:0 :Z:"'e'> -<mo "c -<z 3:-{ ~.-c -< ""en "'-"'0 :2$' ~l! n ~~=i -1m: ;~ li\~ ~;~ ,,~ ><> !~ ~-< :r-~co: -<~ =.~ :0:,.. ~ .. ill .. " ,. o . i:ll'l fRO :; ;Ii" ..... C '" z o J:'" ~;! 60 "0 "'F ;;; 21 'ill' %0 0'" .... J!% -- -- - I! ~I ~l h I r! ,I , ~~ ~~ / il: ~ ~ , ;; :11 ~ ~ ~ ~ ~ ... ~ ~ ~ r.: ; , ;~ ~ ~! - ~i . i~ Ii;; r~ :i ii ~~~I ,~ ~i ~~ n ij il li'l F;i jOl i: II 1'8 U 6S E II !1 ~.. c: I! I ~~ ~ . ~ ! I - ~!S ~ i i:~ r ! ~i E ; ::~ ~ :::E i iii WI ...tIt... J! " II , J I I I I if I 'II I r! ,I , c?~ ~ 61 ~ ~ ~?S I; ~ ~ _ Iii?:: roo - m I' t-< ~ ~ [ ~. ~' a J! ~ !i I ~i I , z(") 20 SZ ~Q 1i'''C -l c: > e- f ~ ~ ?:: e- m '"1 e- 2< o ~ m :><: ::t - to - -:l m I III 'II ;,0 *" - ""d ~ ~ .="'" ~ 0- ..... ""d ;- ::s 10 ;:i'iJ j~ tIJ ~~- :;0 ~ Z N ...... o Q) 1 ~ ;:;s ..... = d: ~ :::l ... .:: w _ ~ ~ ~ <D .... a ~ i i ~ J J j I I I J DO O. en oa: en wO ~!;(~:?; o:Cwu ~ ol-a:en o CCItlWW o wC\JIJ..D Lt):C I-coWen ;g~ Ci.i~a:cc fficc OC\J~z c;::!! ZcuQ oz Gi.S!WI- ..:cc Eaen:;:<"l CIIS:2>- 1\I";:LL.a:o .Q..J!=zuOwC\J EWZ..,CllZen<"l :10..::> !OZC!l Z"::!!- -00.. .2~::!!i"iii:u~ o II 0 .:= i'o en 10 ILZUCl).,JQ.CC<"l Agenda Item No, Be October 24, 2006 Page 259 of 273 \Q "0 '" "0 ~ C. 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Details Agendp.~t&J;nlNQf lfe Octo5ef24 ,~20b6 Page 260 of 273 Folio No.1 00168045004 .Map I - Current Ownership Property Addreaall NO SITE ADDRESS Owner Name PELICAN MARSH COMMUNITY Addresses DEVELOPMENT DISTRICT % W NEIL DORRILL 5672 STRAND CT SUITE 1 City NAPLES I Statel Fl a Zio134110 - 0000 Legal 27 48 25 THAT PORTION OF SEC 27 REFERENCED AS CONSERVATION AS DESC IN OR 3674 PG 3203 Section 27 Acres 22.78 Sub No. -t Use-.C.ode 100 99 ACREAGE HEADER NON-AGRICULTURAL ACREAGE 2005 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $1,139.00 (+) Improved Value $0.00 (=) Market Value $ 1,139.00 (-) SOH Exempt Value $0,00 (=) Assessed Value $1,139.00 (-) Homestead and other Exempt Value S 0.00 (=) Taxable Value $ 1,139.00 Amount I $0.00 Book - Page 3674 - 3189 II 11 I 2004 I Date SOH = 'Save Our Homes' exempt value due to cap on assessment increases. - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetail. asp ?FolioID=OOOOOOO 168045004 5/29/2006 Agenda Item No. Be October 24, 2006 Page 261 of 273 '" Agenda Item No. Be October 24, 2006 Page 262 of 273 ------, IF7- :ft? 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I :.~ ::iiiiI1 . h ~ I I :~ :~ 16 ~ I I I ~I I h i ~ = I~~;I~ u 1=;1 !l!;~~li IIh~lllhUh @o.o ~~~~hr~~nh~~ Agenda Item No. BC October 24,2006 Page 266 of 273 NAPLES DAILY NEWS BPPUD EXHIBIT C LOCATION MAP LOCATED IN SECTION 27, TOWNSHIP 48, RANGE 25, COLLIER COUNTY, FLORIDA 111TH AVE 2251 E 24 23 NAPLES - IMMOKALEE RD. (C.R. 846 C> 0 0 0 r- [Tl -l -l [Tl ~ 27 26 ::::0 25 -l -0 )> -" 0 ~ :;0 ::::0 )> -I )> z I ~ ^ -0 C -l :;0 r ::::0 0 C ~ )> Z r 0 C> r""' ::::0 C 0 (/) )> 0 .p.. r""' () -...../ ::::0 v.. 35 '-" 36 VANDERBILT BEACH ROAD ,- --..n Q. GRADY MlIlOR A]]) ASSOCIA'OO, P.l crrL IIIGIUIIIS . WID JDIUJDI! . PLAIIJIIIS ... ... am. ..,. .-u --. fttIIm,l ... ... ~-=:::~-J.=~ Agenda Item No. Be October 24, 2006 Page 267 of 273 NAPLES DAILY NEWS BPPUD EXHIBIT D DEVIATIONS A. A deviation from LDC, Section 4.06.02.C.5 requirement to construct a twenty-five foot (25') wide landscape buffer along Immokalee Road to provide a twenty-five foot (25') wide landscape buffer, without a six foot (6') high wall, berm or wall and berm combination. The deviation from the requirement to provide a 6' high wall or berm within the 25' wide buffer is justified given the limited uses proposed in the Business Park and the project's location adjacent to an industrial park and retail center. Providing a landscaped buffer will be more consistent with the landscaping treatment along this corridor of Immokalee Road. The project will be designed in compliance with the County's Architectural Standards and compliance with these standards does not warrant the creation of an opaque buffer treatment B. A deviation from LDC Section 4.02.13.G and Section 4.06.02.C.5, which requires a business park to provide a 25' wide landscape buffer around the entire boundary of a business park, to permit the following buffers: 1. East - 25' wide buffer adjacent Creekside Commerce Park, without a wall or berm. 2. West - 25' wide buffer adjacent to Granada Shoppes PUD, without a wall or berm. 3. South - the 25' wide existing buffer and berm adjacent to the Pelican Marsh PUD shall be maintained for that portion of the Naples Daily News BPPUD located west and south of the existing berm and designated as open space, preserve, or lake area and supplemental plantings shall be consistent with Section 2.9.0. The deviations from the required 25' wide buffer with a 6' high berm or wall are justified given the locations of the proposed Naples Daily News BPPUD, adjacent to the developed industrial uses of Creekside Commerce Park PUD and the existing retail shopping center, Granada Shoppes PUD. These projects are non-residential uses and have existing buffers in place. An existing berm and landscape buffer exists along a majority of the project's southern boundary, which meets the intent of the buffers required for a business park. That portion of the Naples Daily News BPPUD which is designated as preserve and open space abuts adjacent Pelican Marsh PUD NDNBPPUD - EXH D Deviations.doc Agenda Item No. se October 24, 2006 Page 26B of 273 tracts having similar open space uses, which do not warrant the strict 25' wide buffer with opacity to 6' in height for areas limited to open space and preserve uses. The proposed alternative buffers will provide appropriate buffering between the proposed light industrial uses and the existing adjacent industrial and retail uses. C. A deviation from LDC Section 4.06.02.A.3, Buffer Requirements. A request to permit required landscape buffers and signs within recorded water and wastewater easements consistent with grant of easement restrictions as recorded in O.R. Book 2712, Pages 0624 - 0626, and O.R. Book 2712, Pages 0610 - 0612. This deviation is warranted due to the previously granted easements to Collier County which permit landscaping within recorded easements, subject to limitations found within the recorded easement agreements. Copies of the recorded easements have been attached for reference. 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I I~.::-::::::::::::::...~.::::::::.~:: ! .....:..;...~........ ............... - -~~...............~..r.'l'"' ...----..:...:.~L1. f II 81 i i I~o il; '"I I .------''1- I!ir-- ,ar I "1 I~I I~I 'i lil i ~ \ I · E I '" 0:: ~ < ~ <L1Il '" ",Ill U '" "" z < Vi <L :::J al II il Ii ~j ilia -~!!. h i1 Ii !i ~I! j'j IlIlIIIIII'I ~ II al I i1 d II a j'j 5~ g~ ~~ ~iij, 0", ",0 ~~ 0,., ~ ... ~ ... 5; ffi z ~ ~ g: ~.'..D" ..LL., .;.. L,L~ >:- JOHNS DI1 ENGINEERING Agenda Item No, 8e October 24,2006 $ t Nl?@QlE!lW1 of 27 TO: Wayne Arnold ~' Chris Hagal~-. DATE: July 19,2006 Naples Daily News Business Park - RE: Water Management FROM: This memorandum is submitted as a follow-up to correct and clarify the proposed water man- agement system for the referenced project. In particular, there is some confusion as to how the interconnection between the Pelican Marsh CDD water management lake (Lake 43) and the rest of the Naples Daily News Business Park drainage works. Lake 43 is totally isolated from the rest of the water management system for the Pelican Marsh CDD. It is the intention of the Naples Daily News Business Park water management system to utilize this isolated lake for stor- age and attenuation of stann water during rainfall events. This isolated lake has a perimeter berm that holds all the water on the site, This project is designed to have Lake 43 discharge back through the Naples Daily News Business Park out to the north Naples canal. The Naples Daily News Business Park system is not designed to discharge into the adjoining wetland or anywhere within the Pelican Marsh water management system, Only during extreme high water events (exceeding a 25- year storm) could this isolated system be overtopped and the waters mixed. In that event, it is equally likely that water could flow from or into the Naples Daily News water management system, These are independent water management systems and confmnation of the separation will be documented as we proceed with final plan design, permit. ting and construction of the project. I apologize for any confusion regarding this, but these are two independent water management systems currently, and will remain as such, throughout the designing, permitting, construction and operation of the Naples Daily News Business Park, Should YOll have any further comments or questions regarding this, please contact me, Copy: Dave Borden II: I f 00001200610 7! ')06 crill fa Wayne /lmold Napke.l. D(/i~J' Nell'j,dQC 2.350 Stanford COLlrt. N;irks, Florida 34112 (239) 434-0\1.3. Fax {219} 4H-9320 Agenda Item No. se October 24, 2006 Page 272 of 273 I have received it. Thanks From: Agan, Carol [mailto:CAgan@ralaw.com] Sent: Friday, September 01,2006 10:48 AM To: deruntzMichael Cc: Anderson, Bruce; LDavidson@barroncollier.com Subject: Naples Daily News - Noise Study Noise study is being delivered to you this morning via eoastal eourier from Barron eollier eompany, Please look for it and advise when you receive. Thank you, 10/02/2006 MON 11:01 PAX Sap 2Sl 06 11 :46a Agenda It~O~6~ ~t Octobe~' ~~, 2006 Page 273 of 273 Mr. Mike DeRuntz Principal Planner CoUier County Community Development 2800 N. Horseshoe Drive Naples, FL 34104 . . September 22: 2006 Reference: Rezonlne Petition PUDz,,:ZOO5-AR-8833 Dear Mr. DeRuntz: On June 9, 2006, Lany Fanner, on behalf of Collier's Reserve Association, advised you that the Association had DO objection to the planned rezoning requested by Naples Daily News. That letter was based on certain assurances from the developer regarding the development, noise associated with the operation of the plant and traffic generated by its operations. We have now learned that the plans that fonned the basis of our original decision were changed without notice to us, in spite of assurances from the developer that we would be notified of any changes to the plans originally shown to us. We withdraw our letter of June 9 and advise you that Collier's Reserve is opposed to the planned development. Our understanding is that the noise generated from the plant and the traffic associated with its round-the~clock operation exceeds appropriate levels for the area. We now understand that to address noise issues raised by residents to the south of the planned development, truck traffic "Will be directed north. to Immokalee Road. Any such traffic bound for US 41 will, upon the widening of Immokalee RD~ be required to make a U- turn at the traffic light at lromokalee Road and Collier's Reserve Drive, which is immediately adjacent to Collier's Reserve. As we stated in our referenced letter, we have long been concerned about the traffic directed to Immokalee Road from Cross Point Drive. This added truck t:raffic will exacerbate that already bad situation. ~ ~ Should the County Commisbioners. vote to rehear the matter, Collier's Reserve Association will request to be heard atthe hearing to voice oW' strong objections. Very truly yours, . #/;', i; ~_u -tC;/ndf/-&~?<--" Scott E. WoUaston President RECEIVED f1('\T ti :-) &'~(":!in{~ ...Iv I \.I /.. L,LHJO --- OBJECTIVE: To appoint 2 members to serve 4 year terms, expiring on October 6,2010, to the Golden Gate Beautification Advisory Committee. CONSIDERATIONS: The Golden Gate Community Center Advisory Committee had 2 terms expire on October 6, 2006. This 5 member committee assists the Board of County Commissioners by reviewing and making recommendations regarding the budget and operation of the community center. Applicants must reside within the Golden Gate CommWlity Center MSTU District. Terms are 2 years. A list of the current membership is included in the backup. The terms for Barbara Segura and Richard Sims expired on October 6, 2006. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY mn ELECTOR AnV. COMM. Resides within MSTU Resides within MSTU GG Beautification Adv Comm GG Beautification Adv Comm COMMITTEE RECOMMENDATION: Barbara Segura - reappointment Richard Sims - reappointment ,- FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the COWlty Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 24, 2006 .- Agenda Item No. 9A October 24, 2006 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 9A Appointment of members to the Golden Gate Beautification Advisory Committee. 10124120069:0000 AM Prepared By Sue Filson Board of County Commissioners Executive Manager to the BCe Date BCC Office 101121200611:40:06 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/111200610:33 AM Agenda Item No. 9A October 24, 2006 Page 3 of 10 TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Tessie Sillery, Operations Coordinator DATE: October 5,2006 SUBJECT: Golden Gate Beautification MSTU Recommendation to the Board for filling two vacant positions. The Golden Gate Beautification MSTU has received and reviewed two applications by the prescribed deadline for its two vacancies. Applicants were evaluated based on the potential contributions to the Committee. The applicants meet the criteria required to be eligible for the committee and the applicants reside in District 3 within the MSTU's District Boundary. Mrs. Barbara Segura has served in this committee for the past 4 years and has only had 2 excused absences. Mr. Richard Sims has served in this committee for the past 1 year and 6 months and has only had 1 excused absence. The Committee recommends the following applicants for re-appointment to the vacant terms as indicated below: NAME Barbara Segura TYPE OF APPOINTMENT Re-Appointment TERM EXPIRES 10-06-2010 FIELD OF EXPERTlSElCATEGORY Resident in Naples. - Currently a Landscape Contractor. Background: Bachelors Psychology/ Biology, Real Estate Agent Community Activities - Golden Gate Beautification MSTIJ, Transportation Services Division Alt. Transportation Modes Department Agenda Item No. 9A October 24,2006 Page 4 of 10 Memo- Sue Filson October 5, 2006 Subject: Golden Gate Beautification MSTU Recommendation for two vacancies Page 2 NAME Richard Sims TYPE OF APPOINTMENT Re-Appointment TERM EXPIRES 10 -06 -2010 FIELD OF EXPERTlSFJCA TEGORY Resident in Naples 28 + years. Employed by Johnson's Air Conditioning. Background - State Certified Mechanical Contractor, 12 years teaching apprenticeship Trades at L WIT, assists with Ordinances for Contractors and Trades People. Community Activities - Chairman Golden Gate Beautification MSTIJ, Golden Gate Civic Association, C.B,IA., Please let me know you need any other infonnation Transportation Services Division Alt. Transportation Modes Department Agenda Item No. 9A October 24,2006 Page 5 of 10 (' Golden Gate Beautification Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Ginger Martin 455-1654 12/14/04 10/06/07 3 Years 5040 31st Avenue, S.W. 455-1654 Naples, FL 34116 E-Mail: XTRMOM@aoI.com District: 3 CaJegory: Precinct 326 Ms. Barbara Segura 821-3601 12/17/02 10/06/06 4 Years /' 2343 41st Terrace, S.W. 348-8863 Naples. FL 34116 E-Mail: District: 3 Category: Precinct 325 Mr. Richard Sims 597-4675 03/22/05 10/06/06 1.6 Years ,/" 5391 19th Place, S.W. 455-7062 C. Naples, FL 34116 E-Mail: jobnsonsaircondinC@earthlink.net District: 3 Category: Precinct 323 Ms. Patricia Spencer 03/11/03 10/06/05 21/2 Year 540125th Place. S.W. 304-6886 09/27/05 10/06/09 4 Years Naples, FL 34116 E-Mail: District: 3 CaJegory: Precinct 326 Ms. Margaret Harris 262-1202 05/09/06 10/06/09 3 Years 2309 Hunter Boulevard 732-7349 Naples, FL 34116 E-Mail: scrapironlaw@yahoo.com District: 3 Category: Precinct 323 ~~----= l_. WedlJesday, May 10. 2006 .~' Pagelof2 .......~.....,.... "... ------'- .-"._--- '. ( \ Agenda Item No. 9A October 24, 2006 Page 6 of 10 Golden Gate Beautification Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 87-78 to advise and recommend as to the beautification and maintenance of landscape improvements within the road right of way as described by ordinance boundaries. The committee shall prepare an itemized budget of the amount of money required to carry out the business of the committee for the next fiscal year. Amended on September 3, 1996, by Ord. No. 96-50 and 96-51. Precincts are 323, 324, 325, 326, 327. and part of 322. Tenns are 4 years. FL STAT 125.01 Staff: Uz DeLeon, Transportation Operations Coordinator: 417-6081 ~::..~~.,,......,..~~~~~ T~~ltii'::::-;z'-;l.~~,J:~~~'~~~~_:':':"~ Wednesday, May 10,2006 Psge 2 oIl Agenda Item No. 9A October 24,2006 Page 7 of 10 MEMORANDUM DATE: August 28, 2006 TO: Elections Office ~",:.r ' t ..' ,._'""\ FROM: Sue Filson, Executive Manager Board of County Commissioners E'i-/:!:"'::"': . ~ , RE: Voter Regis1ration - 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. GO BEAUT ADVISORY COMMIITEE COMMISSION DISTRICT Barbara Segura 2343 41 st Terrace, S. W. Naples, FL 34 I 16 3 3 Richard Sims 539119th Place, S.W. Naples, FL 34116 Thank you for your help. MEMORANDUM Agenda Item No. 9A October 24,2006 Page 8 of 10 DATE: August 28, 2006 TO: Tessie Sillery, Transportation Operations FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Golden Gate Beautification Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Barbara Segura 2343 41st Terrace, S.W. Naples, FL 34116 Richard Sims 5391 19th Place, S.W. Naples, FL 34116 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please eategorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9A October 24, 2006 Page 9 of 10 Application for Advisory Committees/Boards Name: Barbara Segura Home PhoDe: 239-821-3601 Home Address: 2343 41 St TelTllce SW Zip Code: 34116 Fax No. 239-348-9065 BusiDess PIIoDe: 239-348-8863 e--Bl8n address: seguraSl5@es.eom Place of EmploymeDt: LaDdscape CODtnctor Board or Committee Applied for:GG MSTU Category (if applicable): En.pIe: Comllliaio. DiItriet, Developer, eamva_1aIiIt, Illy pet'lIN. ete. How IoDg have you lived iD CoDier County: Yean MOIldu Are you a registered voter inCoUier County: Yes X No Do YOII eurreDtIy bold pub6e 01Jiee? Yes No X If so, wbat is that office? Have you ever been convicted of any offense against the Law? If yes, explain: Yes No X Do you now serve, or bave you ever served, OD a Collier CHiit)' bcNInI or eHI.ittee? v. X No If yes, plase list the committeeslboards: GG MSTU Please list your commuDity aetivitia (civic: dubs, Deigllborhood assoc.doas, de. aDd positioDS beld: GG MSTU Education: BS Psyebology I Biology, Real Estate AgeDt ExperieDce: I have served on the GGMSTU for 4 yean aDd would like to continue. We have projects that I am keeDIy illterested iD seeiDg to completion. I believe my experience in tile IaDdseaping iIIdastry is of some beaeftt to tile coDUDittee. PIase.....a "IV' .I~ ifili up. uAidM ~f<<I ~ 17IiI """";"'/HI"" kliN _wIN", S. FIINfI, ~ MtI1fII{tD' to tile &.d olORurty Ca.! .. IIeIS, 3!J(Jl EGI T......, TrfIil, NIIpIG, FL 341U qytlll.... pleaeftaJ1fJllF ~ 10 (239) 774-3602 or ~-IMlI tD suerdsoftiiJt:f)llierl!OI'.net 111/11II; YfJfIlor ~ tD ,_ tile dtJzm.f ofOllller CoIm(F. """",'"',.....'_"""'....,,,,~"";,,.~.,_..."'""""L_""'ii.._"."~;...,,,;,."""'!i,.:;.""""""..,,....., -. Agenda Ite~ -Jo. 9A October 24,2006 Page 10 of 10 - Board of County Commissioners 3301 East Tamlami Trail Nllples, FL 34112 (239) 774.8097 Fax: (239) 774-3601 Application for Advisory Committees/Boards Name:_~(~A-.p--{) ~llAA. ~ HumePhone:Z34'l-J..f6'D-7~z. Home Address: ? ~-==c I lG..,..., i=L. &1 ZJp Code: 31-/ Il~ Fax No. ~r511.'6"8'GoBllSiness Phone:z,.-&~rc,1.~"'6' e-mail address: Pl.c:e ot" Employment: "1olo\\,JwJ ~ A., ~r~~.\.""lOlo.1l~ Board or Committee Applied for: I":... ...~~ C~, ~~-Cu Category (ifapplicable): H~"" V ekC'e:. P A.-i' e.E.. LJ.8mple: Commlislon Dl$tritt, Developer, eo"il'OlllMntalfcl, lay penon, de. ~~lJC, eo. """">e . ~'C' . '---R-E.C-E;\!E 0 How long have you lived in Collier County: Years "Zcg Months Are you a re2istered voter in Collier COUI1t).~ No Do you currently hold public office? Yes e) If so, what is that omct? _. AI'''' t)t) ': ;';':iJ6 Boan:J ;..11' ~~.:t:.J:;~. ~f.m:'ld's~'urIBr.:-j. J Have you ever bee. couvicted of auy uffense against tbe l.aw'! If yes. ex plain: Do you DOW nl'\'e. or have yoa ever serve~ Collier COUDty board .r C'ommltl€L-- No If yes, please list the wmml1teeS/bOlIrds: ...oS'- J ~~ y-\ S"I" u Yes @ Please list your comnlunity activities (civic clu~ Uei&bborhOUd~ations, etc. aDd positions beld: ~f".L\~"'CE:C1...h.C~ D..~c;ac~"f'O""\.I.. C.6_ . Education: ~~ ~.o L- Experience:~~ ~r::;.~""c:-,~U\Fc:..I~\c.Aot., (L:JL..JTf!AC1t"pa2 ) 12..~ ~~~O~I~~:\~;~~~ ~~ ~~~ b.~J:.P- Pld.." .""eI< ...y .44ilhJfl>ll"J-II/;"" J1UfIf"'I"'"i"'III. TltIs appIlclltlD".iMnIIII In IO"'.t~ 16 $"" FII_. ~,;u 11I__:"'" 1M BDlm O[COUIIIY COIll,.iuiolW'S, 33Ql l;uI1"",._1 frill, N.plts, FL 14111 If YD. I9iJh, pWtue fIX )'fIUt lIJI(Ili~" ID (U9) i74-3602 1M' "..uil 10 swJ/I..(Nt(i',(ml1ilttrlOJ; It"- TStIlIfA .WJufot 'HI'mtl~r,;"t 10 - 1M elllu/ls of Ctllt~ c......ty, -.., 7 ., ..., - 3lPO 'Z- ,- OBJECTIVE: To appoint 2 members 1 representing the At-Large Category and 1 representing Commission District 3 to 3 year terms, expiring on August 31, 2009, to the Emergency Medical Services Advisory Council, and to confirm 1 member representing Physicians Regional Medical Center and 1 member representing the Collier County Sheriffs Department CONSIDERATIONS: The Emergency Medical Services Advisory Council had 2 terms expire on August 31,2006, representing an At-Large member and a member from Commission District 3. This 14 member council advises the Board of County Commissioners on all aspects of emergency medical services, including the operational budget, level of service and equipment. Terms are 3 years. A list of the current membership is included in the backup. The terms for Heather Rockcast1e (At-Large) and Michael C. Bridges (Commission District 3) expired on August 31, 2006. A press release was issued and resumes were received from the following 6 interested citizens: APPLICANT CATEGORY mg ELECTOR ADV. COMM. -- Herbert H. Herman Commission District 3 3 Yes None John C. Valenti Commission District 3 3 Yes None Denver Stone Commission District 2 2 Yes None Frank Dean Messana Commission District 2 2 Yes None R. Wayne Mullican Commission District 4 4 Yes None Douglas Lee Commission District 4 4 Yes None COMMITTEE RECOMMENDATION: Dr. Douglas Lee: At-Large John C. Valenti: Commission District 3 Physicians Regional Medical Center confirmation: Dr. Jeff Panozzo, expiring August 31,2009 Collier County Sheriff s Department: Commander Bill Rule, expiring August 31, 2008 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, confirm I member, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager' Board of County Commissioners Agenda Date: OCTOBER 24, 2006 .-' Agenda Item No. 96 October 24, 2006 Page 2 of 26 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Ilem Number: Ilem Summary: Meellng Dale: 96 Appointment of members to Ihe Emergency Medical Services Advisory Council. 10/24120069.00.00 AM Prepared By Sue Filson E)(&cutive Manager to the Bee Date Board of County Commissioners BCC Office 10/121200611:40:06 AM Approyed By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/11/20061 :31 PM MEMORANDUM Agenda Item No. 98 October 24,2006 Page 3 of 26 DATE: August 28, 2006 TO: Jeff Page, EMS Director ~ Sue Filson, Executive Manager . Board of County Commissione I FROM: RE: EMSAC As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Herbert H. Herman 5881 Golden Gate Parkway Naples, FL 34116 John C. Valenti 1180 Camelot Circle Naples, FL 34119 Denver Stone 6360 Pelican Bay Boulevard, PH5C Naples, FL 34108 Frank Dean Messana 13093 Castle Harbour Drive, #L6 Naples, FL 34110 R. Wayne Mullican 2278 Silver Palm Place Naples, FL 34105 Douglas S. Lee 2614 Tamiami Trail #225 Naples, FL 34103 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive swnmary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. "."'""-.....-<<;1_~~i"'<iiI'.._(:Ir'_......'_'.',,_,.,"'.,,";_.',.. Agenda Item No, 98 October 24,2006 Please categorize the applieants in areas of expertise. If you have any questions, pleascPam th~f 26 at 774-8097. Thank you for your attention to this matter. SF Attachments . . . filson_s Page 10f2 Agenda Item No. 98 October 24, 2006 Page 5 of 26 From: advisoryboards@colliergov.net Sent: Saturday, August 19, 2006 1:34 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 August 19, 2006 Application for Advisory Committees I Boards Name: Herbert H. Herman Home Phone: 239-304-0191 Home Address: 5881 Golden Gate Pkwy City: Naples Zip Code: 34116 :~. ~t~.~~_~ . ~ 7~ . .i .: '. - f ~: 1 ./ Fax Number: 239-304-0191 Business Phone: 239-398-3935 Email Address:naplesherbert@earthlink.net Place of Employment: Home, 5881 Golden Gate Pkwy 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: Emergency medical Services Advisory Council Category: (if applicable) Social Service Administration Do you currently hold public office? No Do you now serve, or have you served on a No Collier County board or committee? 8/21/2006 . -.J .-, Please list your community activities: Veritas Masonic Lodge Bible study group Unitarian Church Education: Master of Arts, Education Certified Social Worker, State of Illinois Experience I Background: Director of Social Services, including emergency medical services in Regina, Saskatchew, Canada 1962-1965 REGIONAL MANAGER, Department of Alcoholism & Substance Abuse, State of Illinois. Planning and developing detox programs for substance abusers 1874- 1993; Professor of Counseling, Montay College, Illinois Adjunct professor, Moraine valley College, Pallos Hillis, Illinois. Directed Field Services in recovery clinics 8/21/2006 Page 2 of2 Agenda Item No. 9B October 24,2006 Page 6 of 26 . . . fitson_s Page 1 of2 Agenda Item No. 98 October 24, 2006 Page 7 of 26 From: advisoryboards@colliergov.net Sent: Thursday, August 17, 2006 11:01 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) n4-3602 Fax: (239) n 4-3602 August 17, 2006 Application for Advisory Committees I Boards Name: John C. Valenti Home Phone: 239-348-7193 Home Address: 1180 Camelot Cir City: Naples Zip Code: 34119 ,~~ ~r;' Fax Number: 239-435-3165 Business Phone: 239-435-0205 I ,,~ Email Address:jcvalenti1@aol.com Place of Employment: Wachovia Bank How long have you lived in Collier County? 10-15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Emergency Medical Services Advisory Council Category: (if applicable) District 3 Do you currently hold public office? No Do you now serve, or have you served on a No Collier County board or committee? 8/18/2006 ..,.,".",,,,,,;'''~''N'.''"''''"'''''''''''''''''''__''4\11OilO.'''_ii,<hi>llW<_lOj;li,,i,',",,..0<,';:-1'''''''';' ( Please list your community activities: Volunteer Neighborhood Health Clinic Volunteer United Way Budget Review Volunteer March of Dimes Paige 2 of 2 Agenda Item No, 98 October 24,2006 Page 8 of 26 . Education: SA Syracuse University 1987 Certified Real Estate Appraiser Series 7 securities license State of Florida Insurance license Experience I Background: Purchasing Agent with City of Syracuse 2 yrs, responsible for purchasing supplies for City Police and Fire dept. Deputy City Clerk for City of Syracuse, responsible for legislative requests and intermediary between City Council and City Departments, including Fire & Police Departments. Also have prepared department budget as Deputy City Clerk and branch budget at Fifth Third Bank. Have wot1<ed closely, in an advisory capacity, with City of Syracuse Emergency Services on budget and equipment purchases. ..J ~ 8/18/2006 Board of County Commissioners 3301 East Tamiami ~ C E IVE D Naples, FL 34112 (239) 774-8097 AUG f 6 2006 I Fax: (239) 774-3602 \: BOrlrd of County Commission Agenda Item No. 98 October 24, 2006 Page 9 of 26 . ..--.-, . Application for Advisory Committees/Boards Name: ~ Q')'\.tr-eJu S-fo IJB- Home Phone: "2~9 7Xtf P'l-~ Home Address: '" ?J.tJ) p.. g.c..L..... ~ :::/f:/.:;5C. 'ZAp Cod.: '3 'fl"~ FuNo. ,N" l A BusinessPhone:~__ __ e-mail address: ~3~.k.J:[- Place of ~~ployment: N I A -. .12~ \. r..e-.d. Board orCom_AppUed for: ~ M...J;.J~ ~ ~ Category (if applicable): (V~.N\.( w..A ~ :p Ld.Jw;J. Example: Commission District, Developer, environmentalist, lay penon, etc. How long have you lived in Collier County: Years ~ Months ? Are you a registered voter in Collier County: Yes ')0 No -- Do you currently hold public office? Yes If so, what is that office? No /C Have you ever been convicted of any offense against the Law? If yes, explain: Yes No l')tf Do you now serve, or have you ever served, on a Collier County board or committee? Yes ~ No ~ HY~~:;r~~~~~~ ~ Education: 8s.?-.~( Hts,. IE~~' P/{J:; 1:3'0 ~~?-ul-~".ul(Pil)f3I.t~~~ h. . Please attIIch any tUldiliotud informfllion you feel pertinent. This tzpplicfllion should be forwarded to Sue Filson. Executive Manager to the Board of County Commissioners, 3301 EtlSt Tllmiami Trail, Naples, FL 34112. If you wish, please f/VC your tzppliclltion to (239) 774-3602 or e-mail tosuefilsonlaJ.co/Jiereov.net. Thank you for volunteering to serve the citizens ofCo/li.er County. filson_s Page 1 of2 Agenda Item No. 98 October 24, 2006 Page 10 of 26 ( From: advisoryboards@colliergov.net Sent: Tuesday, July 11, 200612:17 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. Co1ftt. CoH1tty --------- Board of County Commissioners 3301 East Tamiaml Trail Naples, FL 34112 Tel: (239) 774.3602 Fax: (239) 77~602 ,,_ ~~I "..1 .___'~~ I r. .,..... '; . '. '7 . . ~ . ,.. . ., .~ '. - j!..: ~ ./ July 11, 2006 Application for Advisory Committees I Boards Name: Frank Dean Messana, Home Phone: 239-594-0301 ._~...__.__., ..._~.,. ... _H,_n. ._....' -..-._..____, ....-.--."..- ,"-.- . -_.~._. ... -,-< ..__.'.~.~,..'."-_.'._-_.. .--,---.---. -~_......,--_._,.. ._....~..." Home Address: ;13093 Castle Harbour Drive # L 6. .."_."...._.__,.___.,,._.___.._n_____n_. ._.__._.' -_.~ -,'"'''-''' ,....,... "..... .........- .,. .....-.---.- ~.._""_.-. -- --,,-_.,,'-'-..- .-..--.--..... --~ City: _~_ap!~~; Zip Code: ;~~_1_~_QJ \ Fax Number: :_N_?__i~:!~~~tlo~~p~?~~~~~~j Business Phone:?~~~f~t~Tj~~. Email Address:.Catfish71@aol.com! . ."_ ___ ..... . __ __.___..._______.._____.. .._J ..__...._.. .,', .u.__..~....._.__..__ ~~..'~' .. ..... .-.....,. Place of Employment: ~~_c:>._ ~~_!~r.!.l_~ti_~~1?~~y!~~~:J _.._._________-___. ....... 4______', _..---' _..~_..-..... How long have you lived in Collier County?_~~_r~.~~~' Have you ever been convicted of any offense against the law? 'No' ._.n__'" Are you a registered voter in Collier County? :--X~!, Board I Committee Applied for: Emergency Medical Services Advisory . Council . '''_ _.. ._.~.' ." . "r_~ .,__._._ _._'_ ..__..........._ _ _,'_' ,._. _._......_. ~ _____.".~.__'~H.~...... ,-- . --".. . -. Category: (if applicable) ~!~!~e"-.~t_I_~~J1~_; .t.... Do you currently hold public office? 'No. Do you now serve, or have you served on a No' Collier County board or committee? 7/19/2006 (.:-.-, . . l_. (-. 7/19/2006 Please list your community activities: .__......-- ....._.__."-~....._. '.- .'. "', ..... '.-. -.- As a North Naples resident I have participated in beach clean - ups and I also have participated in many walks for cancer and MDA. I also follow the County meetings on closed circuit TV. My wife is extremely active in the Naples Junior women's club. I have helped with various fund raisers. I would like to become more active in public . service. Page 2 of2 Agenda Item No. 98 October 24, 2006 Page 11 of 26 Education: -~-'. .._-......_. e"._.' _',. .. . .....__.. _" Currently attending Keiser College for Associate in Science Degree. Will continue to pursue Bachelor's degree in Public Administration in the spring. Licensed Real Estate agent, Obtained a Florida State EMT license in 1996. Experience I Background: ,L',~_ .~.___~_._._.~_~___ '.~.__..._., '_ ._,_. _ ,__... _ ._. _.. .___.~ . As a North Naples resident I have served on various 'committees and boards. I have been part of an Ad-hoc insurance committee in reference to Risk management, ;heatlh insurance, explored options of self insurance vs. I fully insured plans etc. I have also been a trustee on a 175: pension board located in Collier County as a sworn member. I am a driven and well rounded individual that has the abifity to bring a vast amount of knowledge to this ' . committe I am seeking a seat on. " - ___..'~.._.__~o._~_~__ "'_~"__"'.~ _._ ~_.... . ...____._...__._._ _ Agenda Item No. 98 October 24, 2006 Page 12 of 26 R. Wayne Mullican 2278 Silver Palm Place Naples, FL 34105 RECE/V€'D JUN 1 3 2006 BoarcJ of County Co TIlltlfsSion &rs ( June 10, 2006 Sue Filson, Executive Manager Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Dear Sue: Attached is my application for serving on the Emergency Medical Services AdviSOfY Council as well as a Biography. I am applying for this position based on my 36 years experience as a business executive, my 15 years experience as a Trustee for a major medical center in Richmond, VA and my recent experience with the NCH Healthcare System. \, You pointed out in an E-mail to me that the Commissioners prefer candidates who reside here year round. While I am a permanent resident of Collier County and vote in Collier County, I do not reside here from mid June until mid October. Thank you for your help with this application. Sincerely, R. Wayne Mullican ......-.. (- .... . ~- ~~ .~-::-:. Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 98 October 24, 2006 ~ge 13 of 26 ~~]~.~ M:~~JUu 'Opt Boai'd ofC Ollnty C Otnmlss' loners Application for Advisory CommitteeslBoards Name: R, ~v'a.:;" ~ /VI l1 L L I 'c d ~ Home Phone:~f -..:J 3.5 -co 3'!i Home Address: ~ 2.. 78 S; L rI~Y' RJ , ~ PLd{>~, /r4,?J.-I'r Zip Code: "3 0/./ t/ 5 2. "$'1 _ //.. , Fax No.f,435 - coY ~ Bnsiness Phone: IV/,f e-mail address: "'yW-""l{LLn:..an tftJ:;;,~.(.Cc7~ Business: I( ofli;'.e/ Board or Committee Applied for: E""'~o/j<""1(t.j N-eJ,t;jh 5,;yvlc.!~ 4:t'fh~PY"\] (p6.{)14'.4 Category (if applicable): Enmple: Commission District. Developer, enviroamcntlUst.lay person, ere. Are you a registered voter in Collier County: Yes v No Do you currently hold public office? Yes If so, what is tbat office? No ~ (~ Do YOll DOW serve, or have YOD ever served, on a Collier ConDty board or committee? Yes If yes, please list tbe committees/boards: No ~ , ,. ff , Education: 8,>: f 1r 13~/"'1I'Ffr.(.:frJ.11 c- Jflol'M/;' IPI-Y1I.,J;~" - ~t,vrct';1 ,.. ~YL(1:a~ t/ ( .- w:; 01- r 'd Vi S~... a ;;' ,&"",.. .JtfJ"'~-f~.j C'tV~.""lrZ'"~ /.., :{cp~, Please attach any additional btfol7tUllion you feel pertinent. This applicaJion should be forwwtled tQ Sue Filson, Executive Manager tQ tire Board of County Commissioners, 3301 Eos1 Tamimni Trail, Naples, FL 34112. If yO" wWI, please fax your app1i.cation tQ (239) 774..,3602 or tHnail to suefilson(ii)collkrl!ov.net Thank you for voborteering to serve the citizens of Co~r County. ~ ~'JII;~''r'lI1__ ''W'Il' In IIlil illIU.ilalllllllli\illll!~~""l<lI,",~,,,,.,>,,.;,,o;,;".'i;'>i1<w..\i"",,"'lr...,,""'IM,\""'''''''l;,";_;'".,i;,.;, Agenda Item No, 9B October 24, 2006 Page 14 of 26 BIOGRAPHY R. Wayne Mullican 2278 Silver Palm Place Naples, Florida 34105 239 435-0085 Wayne Mullican was born and raised in Frederick, Maryland where he attended public schools and then enroUed in the University of Maryland. He graduated from Maryland in 1961 with a BS degree in Business and Public Administration. He received his officer's commission in the United States Air Force and served for four years. In 1965 he joined the Westvaco Corporation in New York City in a sales and marketing capacity. He was transferred to Richmond, Virginia where he held sales and sales management positions in paperboard packaging. In 1985, he co-founded Gravure Packaging in Richmond, which was a startup company specializing in gravure printing of paperboard packaging for the food, and tobacco industries. He was named Executive Vice President and COO. In 1989 he was elected Chairman of the Board. ( In 1996 Wayne and his partners sold their business, which had grown from zero sales to $55 million in 10 years. The acquiring company was ACX Technologies headquartered in Golden, Colorado. He was appointed Vice President of Sales and Marketing for their Graphic Packaging Division in Wayne, Pennsylvania. With revenues of $350 million in 1996, Graphic Packaging was spun off from ACX Technologies and listed on the New York Stock Exchange. Wayne was elected Sr. Vice President of Sales and Marketing in 1998 and served on the acquisition team to grow the business to sales exceeding one billion dollars by 1999. Today Graphic Packaging International is the largest printer of paperboard packaging in the United States. . He retired in 2001 and now resides with his wife Susan in Naples, Florida during the winter months and Richmond, Virginia during the summer. He has two daughters and three grandchildren residing in Annapolis, Maryland. During his 41 years of residence in Richmond, Wayne was active in community affairs. He was president of the Salisbury Country Club, Chairman of the Henrico County Business Council, Founder and Chairman of the Richmond Plant Managers Association, served on the Board of Directors for the Greater Richmond Chamber of Commerce for five years, and continues to serve on the Board of Directors of the CJW Medical Center and the Foundation Board of the Virginia War Memorial. Agenda Item No. 98 October 24,2006 Page 15 of 26 ( In Naples, Florida he has become involved in many civic activities and is a graduate of Greater Naples Leadership Class IX. He has presented business cases to the Chamber of Commerce's Leadership Institute, he is a founding member of the Board of Trustees of the Leadership Collier Foundation's Civic Information Center, Board member of the National Council for International Visitors in Collier County, and sits on the Professional Capabilities Committee and Marketing Committee for NCH Healthcare System's two hospitals in Collier County. He and his wife are members of Grey Oaks Country Club. C~~ (. "<"''''-''''''-'-~~'''--~"""...>,.."",,,,,.'-,..,-..",,"..., filson_s Agenda Item No. 98 October 24, 2006 Page 16 of 26 From: advisOryboards@coIliergov.net Sent: Tuesday, July 11, 2006 9:56 AM To: fi\son_s Subject: New On-line Advisory Board Application Submitted. cOil~T CoUt'lty .~", ,,-.;, ". .:......'\,. ,."'~..'''.~...-._~,..''...,'.'v.........-<' ,.".,..~ '-' Board of County Commissioners 3301 East Tamlaml Trail Naples, FL 34112 Tel: (239) 774-3802 Fax: (239) 77......2 July 11, 2006 Application for Advisory Committees I Boards Name: Douglas S. Lee Home Phone: 23~262-3644 Home Address: 2614 Tamiami Trail #225 City: Naples Zip Code: 34103 ~t~1 i..\ ~..... .~ " ..." . . .. .~.. . ,t I ~ ! Fax Number. No information provided. Business Phone: 646-391-5600 Emall Address:duglee@hotmail.com . . . - Place of Employment: Naples CommlJrVty H~r>ital How long have you lived in Collier County? 1-2 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Emergency Medical Services Advisory Council Category: (if applicable) No infonnation provided. Do you cunently hold public office? No Do you now serve, or have you served on a No Collier County board or committBe? 7/1912006 7/19/2006 Pie_ list your community activities: No information provided. Agenda Item No. 98 October 24, 2006 Page 17 of 26 Education: Emergency Medicine Residency 2000-2003, Mount Sinai Medical Center, New YorX, NY. Emergency Medicine Internship 1999-2000, Sl Luke's-Roosevelt Hospital Center, New York, NY M.D. 1999. UMDNJ-New Jersey Medical_School ~A 1995'.lJl1~~ of Pennsylvania Experience I Background: Emergency physician currently wor1dng in the Emergency Departments of Naples Community Hospital and North Collier Hospital. Significant experience working with paramed~cs in New York, New Jersey, and California Agenda Item No. 98 October 24,2006 Page 18 of 26 658 COLLIER COUNTY EMS/FIRE Bur.... d &nerg...cy S...,lcos ~=.... tll1!rqt>rl ,f';"tll d~j Vlt \ 2705 Horseshoe Drive South. Naples, Florida 34104.239-774-8459 . FAX 239-775-4454 To: Sue Filson, Executive Manager BCC From: Barbara Brown, Administrative Assistant Date: September 29,2006 Ref: Emergency Medical Services Advisory Council The Collier County EMSAC Committee, at the September 27,2006 meeting recommended for Dr. Douglas Lee to fill the vacant at-large position. The committee based their decision on Dr. Lees experience in the medical field working as a Doctor in the Emergency Department of Naples Community and North Collier Hospital and also being a licensed EMT in the State of Florida. The Council felt he would be beneficial to the position. Mr. John C. Valenti was recommended for the District 3 vacant position. He has worked closely in an advisory capacity with the City of Syracuse Emergency Services on budget and equipment purchases which the Council felt could provide extra knowledge. Mr. Herbert Herman also of District 3 was not as qualified as the other candidates. Mr. Mullican is not a full time resident and lives in Richmond, Virginia during the summer. This would be a hindrance to the Council and could prevent on occasions the Council from having a quorum. Mr. Denver Stone has been a member of the Council previously. His attendance was a problem previously due to health concerns and the Council felt he was also less qualified. The Council also felt Mr. Frank Messana was also less qualified. We have also received a letter from GeoffMoebius, Physicians Regional Medical Center replacing Dr. IeffPanozzo in place of Dr. Chris Hamann. Please contact either Chief Page or me if you have any further questions. Agenda Item No. 98 October 24,2006 Page 19 of 26 ( Emergency Medical Services Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Jeffery Scott Allbritten 732-3733 12/13/05 08/31/08 3 Years 1945 Empress Ct. 596-5942 Naples, FL 34110 E-Mail: jallbrit@edison.edu District: 2 Category: Commission District Mr. John Cassio 253-5514 09/13/05 08/31/08 3 Years 1529 Buccaneer Ct. 642-8981 Marco Island, FL 34145 E-Mail: jcassio@gIadescountryclub.com District: 1 Category: Commission District Ms. Heather Rockcastle 10/10/00 08/31/03 3 Years V' ( 342 Pinehurst Circle 417-1192 09/1 0/03 08/31/06 3 Years -, Naples, FL 34113 E-Mail: District: 1 Category: At-Large Mr. Johan Domenie 09112/06 08/31/09 3 Years 749 Bentwater Circle, #201 566-3179 Naples, FL 34108 E-Mail: johandomenie@aol.com District: 2 Category: At-Large Ms. Nancy C. Lascheid 261-6600 07/25/06 08/31/07 1 Year 4005 Gulfshore Blvd., N. #903 450-5526 Naples, FL 34103 E-Mail: nlascheid@aol.com District: 4 Category: Commission District C_. ~-G":.:-:~'~::-;;;';_":,,";'j;$::;'::'.~~' .I~~",:,o~. _ ;..:r41tf:>:.;~"lll:l:r;::_:;--,::,:r;;:~~7 .-:' -;:Gi;~~:/;-.;.::'C~.-:,'~-, ~ : _'~~_. ":';':,~~:;:~;:: <-::. .". _~:''7!.:'\ ::';:l'C:~ '" ~~~fC:~'':;:<:' '~:;~:.: ;'t:-.,~::, ':;':,.;:'-:',7..Z:';.:"::" :.: ,J Thursday, September 14, 2006 Page 1 of" r ""l __~r"""~llIl1l1l1l'llilr"II!IIi_' '""."t.:,_,~..,,,,,,..;,,,..,..., <;;_~~~o&::-:::~~-..."'".:.~~':';.:i7'l.v;.r;~~.~;:);:ij:;::;':fJ;::~,~;'-~~,;'!':':7\''';'W"~;',::.:.: '-_-::o;g:~i:"<:.,_.".::;.--,t;..~::"::~_-:;:'.'~r.\e:-:.-"":".:r:..lr:.l';;,"~.~7~;~:":"~<'i-::!::!"J5lrd~'<'\':,~ Thursday, September 14, 2006 Page 2 of 4 Agenda Item No. 98 October 24, 2006 Page 21 of 26 (- Emergency Medical Services Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Fire Chief Jim McEvoy 434-4610 09/24/02 08/31/05 3 Years 735 Eighth Street, South 09/13/05 08/31/08 3 Years Naples, FL 34102 E-Mail: District: Category: City of Naples Dr. Christopher Hamann 348-4000 07/25/06 08/31/09 3 Years V' 6101 Pine Ridge Road Naples, FL 34119 E-Mail: District: Category: Physicians Regional Medical Center Dr. Robert Tober 262-3131 P.O. Box 413029 (- Naples, FL 34101 E-Mail: District: Category: Ex-Officio Member Chief Michael Murphy 389-5040 11/05/02 08/31/05 3 Years 1280 San Marco Road 09/13/05 08/31/08 3 Years Marco Island, FL 34145 E-Mail: District: 1 Category: Marco Island Police and Emergency Services Chief Rob Potteiger 213-4900 11/05/02 08/31/05 3 Years 4798 Davis Boulevard 09113/05 08/31/08 3 Years Naples, FL 34104 E-Mail: District: Category: Collier County Fire RescuelEMS c ~:r.::,;,~~ :,.:::....'"';z:'-J:,~:.~'.~~~~';,:,;:-.'<~:..;,:.:.;:,~::.::~i..:2 -',;;:,~,,';'"-"::;:;~~A.'J:.!:..~-.-' ';_'~,>.-;':.::-~~,-~ -:..--:,'?....".-:;;]..:~".-"F\W':,rr.,:;:I~l'D.:::.J"z..:: ,:t"..W7.ll'l'~~:~,~1:::i:";.~:-":_~C;"':~:,.;::.~...~...-,;; Thursday, September 14, 2006 Page 3 of-4 "" ~'''.'''~,'''..-...-~~'~iijI!ll;Il\iH''"I(!l,.,'."''''"'''''','';__''''",-,''''..,_,...;;.'k'r."-<~., r. \ Agenda Item No. 9B October 24,2006 Page 22 of 26 Emergency Medical Services Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 12 member committee was created by Orel, No. 80-80 to advise the Board of County Commissioners on all aspects of emergency medical services in Collier County, including the operational budget, level of service and equipment This committee also reviews complaints and problems and recommends corrective action. Terms are 3 years. Orel Amended on 10/10/00 to add a representative from Cleveland Clinic (Orel. 2000-70) Amended by Orel. No. 2002-39 to increase membership from 12 to 14 to include City of Naples Fire Rescue/EMS and Collier County Fire Chiefs Association, and to reduce ex-offlCio members from 3 to 1 FLSTAT Staff: Jeff Page, Emergency Medical Services Director: 774-8459 ~~i:.;.-::':i,;,:;-::,!:.n:::::~'~-s::'~~"'T'''':'..~':~::;:-, ~:.-1:':s.::'''~'~~'i(,~,~~~,:":~~,,-''7'7'".,''-:-.'i:~~:'';;..,,r.~~,;;.::-,b.'\.,::](i:!!"~:n~':'.c,?J~f.'!:~~";:~-:-~'-/~":::'~~' "~''f1.:.::'':-' -.:u.':r'~./.;;i.'-~ Thursday, September 14, 2006 Page 4 of 4 Agenda Item No. 98 October 24,2006 Page 23 of 26 MEMORANDUM l~''''''' ".~. . ~ '- -) DATE: August 28, 2006 Elections Office ~ Sue Filson, Executive er · Board of County Commission .". , -..1 iJOt.rr~'~ ~".: !.,' ." 1 ',"' ~..~/d..:';';; TO: FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. EMSAC COMMISSION DISTRICT Herbert H. Herman 5881 Golden Gate Parkway Naples, FL 34116 3 3 cR d ~ ~ John c. Valenti 1180 Camelot Circle Naples, FL 34119 Denver Stone 6360 Pelican Bay Boulevard, PH5C Naples, FL 34108 Frank Dean Messana 13093 Castle Harbour Drive, #L6 Naples, FL 34110 Johan Domenie 749 Bentwater Circle. #201 Naples, FL 34108 R Wayne Mullican 2278 Silver Palm Place Naples, FL 34105 00 \7 '\ (/"IS J-..e:::..- ..... y Thank you for your help. PRMC emergency department representative P~e 1 ofl Agenda Item No. 98 October 24,2006 Page 24 of 26 filson_s From: brown_b Sent: Thursday, September 21,2006 8:10 AM To: filson_s Cc: HarrisMelissa Subject: FW: PRMC emergency department representative From: page.J Sent: Thursday, September 21, 2006 7:37 AM To: brown_b Subject: FW: PRMC emergency department representative FYI, Please pass on to Sue. From: Moebius, Geoff [mailto:Geoff.Moeblus@pmc,hma.org] Sent: Thursday, September 21, 2006 7:25 AM To: page.J Cc: Panozzo, Jeff D.O.; Hamann, Christopher M.D. Subject: PRMC emergency department representative Jeff, Jeff Panozzo MD will be replacing Chris Hamann MD as representative of Physicians Regional Medical Center. Dr Panozzo is the new medical director of the Emergency Department at PRMC. Any Questions you may have please contact me at your convenience. Regards, Geoff Geoffrey D. Moebius Chief Executive Officer Physicians Regional Medical Center Naples, Florida 34119 2393484419 239 348 4439 fax 9/21/2006 filson_s P~e toft Agenda Item No. 98 October 24,2006 Page 25 of 26 From: Sent: To: page.J Friday, September 15, 2006 4:52 PM filson_s Subject: RE: EMSAC I noticed that on Frank Messana's application he did not provide any information on his place of employment. Frank is a North Naples Fire Lieutenant and it is my belief that he omitted that infonnation because there are already three firefighters who serve on EMSAC, Chief Murphy, Chief McElvoy and Chief Pottegier, From: filson_s Sent: Friday, September 15, 2006 4:41 PM To: page.j Subject: RE: EMSAC Here ya go. Have a nice weekend. From: page.J Sent: Friday, September 15, 2006 4:35 PM To: filson_s SUbject: RE: EMSAC Sue I was just getting ready to send this out to the EMSAC members to review prior to the meeting and discovered that this list has included in it Mr. Domenie who was just nominated and does not include Dr. Lee who EM SAC did vote for. Can I get a copy of a PDF that includes him again? From: filson_s Sent: Monday, August 28,20069:10 AM To: page.j SUbject: EMSAC Attached are the applications for the vacancies on the above-referenced committee. Please process and return the recommendation to me. Thanks PLEASE PROVIDE THIS INFORMATION TO YOUR BACKUP STAFF. Sue J'ifson 'Executive :Manager, 'BCC (239) 774-8097 phone (239) 774-886sfax suefilson@colliergov.net 9/15/2006 ~beriff Agenda Item No. 98 October 24,2006 Page 26 of 26 SHERIFF DON HUNTER . COLLIER COUNTY 3301 TamlamJ Trail East. Bldg. J. Naples. FL 34 112-4902 (239) 774-4434 www.coniersherifl.org September 21, 2006 Received OCTt3_ eMS Dept. Jeff Page, Chief Emergency Medical Services . Collier County Government Complex, Bldg. H Naples, Florida 34112 RE: Position change and EMS Advisory Council Dear Chief Page, This is to infonn you that Captain Albert Beatty has been re-assigned to a different division within the Collier County Sheriff's Office. The Communications Division was merged with several other bureaus and is now addressed as the Public Affairs & Communication Services Division. The new director of this division is Stephanie Spell. Another change that I would like to announce is that Commander Bill Rule was placed under Director Stephanie Spell in the Public Affairs & Communications Services Division. Commander Bill Rule will be the agency's official representative for the EMSAC. Any correspondence regarding his new duties on this council should be forwarded to him for future participation. Commander Bill Rule can be reached at the following below: Office: (239) 793-9442 Fax: (239) 530-9644 email: commcmdr@colliersheriff.net Director Stephanie Spell can be reached at the following below: Office: (239) 793-9396 Fax: (239) 530-9644 email: pio@colliersheri:tI.net 'Tha duty of tha Colliar Counly Shariff's Office Is 10 preserve and protect III the lives, property and constitutional guarantees of all persons." m EXECUTIVE SUMMARY Agenda Item No, ge October 24, 2006 Page 10f 10 ,.-_, ',: "'.: ','" _co' :, :,'::._. ' _,'. -,",,:",,". .,'._: .,,', APPOINTMENT OF. MEMBER(S} TO THE qOLLIER COUNTY CODp ENFORCEMENT BOARD OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on February 14,2009, to the Collier County Code Enforcement Board. CONSIDERATIONS: The Collier County Code Enforcement Board has 1 vacancy due to a resignation with the term expiring on February 14,2009. This 7 member board, plus 2 alternate members, is composed of, but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. Mr. David H. Cook (Alternate) resigned on august 29,2006. A press release was issued and 1 resume was received from the following interested citizen: APPLICA..l~'T CATEGORY DlST ELECTOR ADV. COMM. I Charles Martin I Realtor I~ Black Affairs Advisory Board _. COMMITTEE RECOMMENDATION: Quasi Judicial Board - no recommendation ~SCALIMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confmning the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 24, 2006 ,- Agenda Item No. 9C October 24, 2006 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 9C I',ppOIntmenl of member to the Collier County Code Enforcement Board. 10/24/2006 9:00.00 AM Prepared By Sue Filson Executive Manager to the BCe Date Board of County Commissioners BCC Office 101121200611:40:06 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10111/200610:43 AM Agenda Item No. 9C October 24, 2006 Page 3 of 10 MEMORANDUM TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Michelle Edwards Arnold, Director Code Enforcement Department DATE: October I 1,2006 SUBJECT: Collier COWlty Code Enforcement Board Appointments A review of the application provided has been conducted and the sole applicant has been placed in the applicable category based on areas of expertise. Applicant Charles Martin Cafet!orv Realtor District 2 Should you have any further questions, please contact me at 403-2440. ""'-"""-"-"""""_'___~","""i.._,;,"m.,,,,,,,,.,,,;;,,,c,:,,"',",,,,',""""",,,,".,.., Agenda Item No. 9C October 24,2006 Page 4 of 10 r--- Collier County Code Enforcement Board - North Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Justin DeWitte 642-3000 04/26/05 02/14/07 2 Years 1060 Borghese Lane, # 11 02 784-3963 Naples, FL 34114 E-Mail: dewitte@mail.com District: 1 Category: REGULAR -Business Professional ... ,J. Mr. David H. Cook rfb'6't'< ~ 290-5786 02/14/06 02114/09 3 Years 4924 Rustic Oaks Circle Lb'1-~~ 40~917 Naples, FL 3410S E-Mail: dave@alliedcook.com District: 4 Category: AL TERNA TE-Construction Mr. Richard Kraenbring 596-2315 10/26/04 02/14/06 4 months 1995 Tarpon Bay Drive North, #201 298-6215 04/26/05 02/24/08 3 Years '-, Naples, FL 34119 \ E-Mail: rkaenbring@sw:Oa.rr.com District: 3 Category: REGULAR - Construction Ms. Sheri Barnett 591-2149 09/10/02 02/14/05 3 Years 1160 27th Street~ S.W. 455-4296 03/08/05 02/14/08 3 Years Naples,FL 34117 E-Mail: scbarnettI@#earthlink.net District: 5 Category: REGULAR - Financial Planning Mr. Kenneth Kelly 435-0014 02/14/06 02/14/07 I Year 4260 16th Street, N.E. 354-2021 Naples, FL 34120 E-Mail: kenkellyroofing.com District: 5 Category: ALTERNATE-Roofing Contractor - Wednesday, February 15, 2006 Pagel 0/3 Agenda Item No. ge October 24, 2006 Page 5 of 10 roo Collier County Code Enforcement Board - North Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Jerry P. Morgan 04/26/05 02/14/07 2 Years 2350 Mont Claire Drive, #201 594-8204 Naples, FL 34109 E-Mail: District: 2 Category: REGULAR - Construction Mr. Gerald J. Lefebvre 597-8500 04/28/02 02114/03 1 Year 5389 Cove Circle 775-8604 01/24/06 02/14/09 3 Years Naples, FL 34119 E-Mail: District: 3 Category: REGULAR - Real Estate/Zoning Mr. George P. Ponte 02/18/97 02/14/00 3 Years 565 Augusta Boulevard, Apt. 10 793-1370 01/24/06 02/14/09 3 Years C Naples, FL 34113 E-Mail: District: 1 Category: REGULAR - Retired CBS Employee Mr. Larry Dean Mieszcak 06/28/05 02114/06 8mos 7280 Carducci Court 732-1713 01/24/06 02114/09 3 Years Naples, FL 34114 E-Mail: L VM 1960@earthIink..n~t District: 5 Category: REGULAR - Real Estate (--j - Wednesday.. February 15,2006 - - Pagelof3 .:.J...:...,J - 1'A' IllIIlInM~~_I"AAi;tl_;N"~ll!I'"WI_)''"";.",,,,,*,,,,~",,,.,,,,._,.'''"'_'"''';'''''-^,,,.,.. r. \.._- Collier County Code Enforcement Board - North Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Agenda Item No. 9C October 24,2006 Page 6 of 10 Term 2nd Term This 7 member board was created pursuant to Chapter 162 of the FL Stat by Ordinance 88-89 and is composed of, but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Fonn 1 Statement of Financial Interest each year with the Supervisor of EI~ions. Terms are 3 years. This is a Quasi Judicial Board. Two alternate members were approved by Ord. 96-78 on 12/3/96. FL STAT 162 Staff: Michelle Arnold, Code Enforcement Director:: 403-2413 - ... Wednesday, February 15, 2006 ....,".. - PageS of3 Agenda Item No. ge October 24,2006 Page 7 of 10 MEMORANDUM DATE: October 6,2006 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commission RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. CODE ENFORCEMENT BOARD 4~ ~ COMMISSION DISTRICT Charles Martin 2222 Gulfshore Boulevard North Naples, FL 34102 (J If') .Ji, Q :) i Thank: you for your help. OCl 92006 fi(12.: 15 O.;..._"......""'lIlOO<J;/~~~"'".....IW.,;;'''',,;'''',',l-;,.....''';...,,,;,;..",.,,,..," MEMORANDUM Agenda Item No, ge October 24,2006 Page 8 of 10 DATE: October 6, 2006 FROM: Michelle Arnold, Code EnfO;Wrcem' tor Sue Filson, Executive Manager j Board of County Commission ; TO: RE: Code Enforcement Board 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: Charles Martin 2222 Gulfshore Boulevard North Naples, FL 34102 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, 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 applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments - -- -- filson_s P~e 1 of2 Agenda Item No, ge October 24,2006 Page 9 of 10 From: advisoryboards@colliergov,net Sent: Sunday, September 17, 2006 10:39 AM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamtami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 September 17. 2006 Application for Advisory Committees I Boards Name: charles martin Home Phone: 239-262-7287 Home Address: 2222 Gulfshore Blvd North City: naples Zip Code: 34102 .".~ ,,:t~,~fl.J . . . .~ '. . ". ~, ~ ./ Fax Number: 239-262-7289 Business Phone: 239-784-5498 Emait Address: realtyglobal@aol.com Place of Employment: self How long have you lived in Collier County? 3-4 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board' Committee Applied for: code enforcement board Category: (if applicable) No information provided. Do you currently hold public office? No Do you now serve, or have you served on a Collier County board or committee? If yes, please list the boards' committees: Yes 9/18/2006 . ~ , newly elected floodplain management Please list your community activities: MSI board of directors louisville kentucky 2002-2005 board of realtors...Sheriff dept 13 years..FEMA housing inspector Education: Real estate Broker/realtor 32 years licensed florida..Certified General Contractor Florida Iicensed...30 years experience..Formally major subdivision developer Istrip cenersl commercial residential industrial..BOARD certified mold remediation..certified home inspector..certified eifs inspector..REGISTERED home builder Experience I Background: resume see WVWV.masterpropertyconsultant.com in 1976-1979 was code enforcement officer for (federal) urban renewal agency renovating 7 major neighbors code enforcement for community development cabinet and city of louisville includind neighborhood conservation program..very aggressive code enforcement program to upgrade the inner city development resulting in fines and reinspection after compliance....CERTIFIED FEMA INSPECTOR.. 9/18/2006 Page 2of2 Agenda Item No. ge October 24,2006 Page 10 of 10 EXECUTIVE SUMMARY Agenda Item No. 90 Octobt:')r 24, 2006 Page<1of 11 ,- APPOINTMENT OF MEMBER(S)TO THE GOLDEN GATE ESTATESLANn TRUST COMMITTEE OBJECTIVE: To appoint 2 members to 4 year terms, expiring on October 13, 2010, to the Golden Gate Estates Land Trust Committee. CONSIDERATIONS: The Golden Gate Estates Land Trust Committee had 2 terms expire on October 13,2006 for applicants residing in Golden Gate Estates Units 21-22,36-47, 52-53, 59-93 or those units located south of Alligator Alley. This 5 member committee serves in an advisory capacity to the Board of County Commissioners for the pwpose of carrying out the requirements, conditions and various provisions of an Agreement relating to the use of land, or funds derived from the sale of land, conveyed to the County by Avatar Properties Inc. (flkla GAC Properties Inc.). Applicants must reside within the subdivision known as "Golden Gate Estates. II Member selection may depend upon location of residence within specific areas (phases) of the Estates. Terms are 4 years. A list of the current membership is included in the backup. The terms for Stephen B. Greenberg and Karen M. Acquard expired on October 13,2006. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY ~ ELECTOR ADV. COMM. -- Karen M. Acquard- Phase I 5 Yes GG Est. Land Trust Committee I REAPPOINTMENT Animal Services Advisorv Bd, Stephen B. Greenberg- Phase III 5 Yes GG Est. Land Trust Committee REAPPOINTMENT COMMITTEE RECOMMENDATION: Karen M. Acquard - reappointment Stephen B. Greenberg - reappointment NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office for Board members shall be limited to two consecutive terms of service on anyone Board. . ." Under (D) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (B) above may be waived". According to available records, Mr. Greenberg and Ms. Acquard has served 2 or more terms on the Golden Gate Estates land Trust Committee. Should the Board wish to re-appoint Mr. Greenberg and Ms. Acquard, the limitations on two consecutive terms will need to be waived. FISCAL IMPACT: 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: OCTOBER 24, 2006 Agenda Item No. 90 October 24. 2006 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Dale: 9D ApPOIntmenl of members to tne Golden Gate Estates Land Trust Committee. 10/24/2006900:00 AM Prepared By Sue Filson Board of County Commissioners Executive Manager to the BCe Date Bee Office 10/121200611:40:06 AM Approved By James V. Mudd Board of County Commissioners County Manager Dale County Manager's Office 10/121200610:12 AM Agenda Item No. 90 October 24,2006 Page 3 of 11 Memorandum To: Sue Filson, Executive Manager Board of County Commissioners RECEIVED OCT 1 t 2006 Board of County Commissioners From: Jason Bires Property Acquisition Specialist Date: October 11, 2006 Subject: Golden Gate Estates Land Trust Committee The Golden Gate Estates Land Trust Committee Members, at their September 25, 2006 meeting, unanimously recommended that the Board of County Commissioners accept the application of Stephen Greenberg for membership to the Committee. Mr. Greenberg resides within Golden Gate Estates, Unit 21, Tract 24 (Phase III). In the past term, which dates back to 2002, Mr. Greenberg has accumulated a total of nine absences. It should be noted that Mr. Greenberg's absences are a result of varying shifts at his job with the Fire Department. The Committee Members, at their September 25, 2006 meeting, unanimously recommended that the Board of County Commissioners accept the application of Karen Acquard for membership to the Committee. Ms. Acquard resides within Golden Gate Estates, Unit 23, Tract 73 (Phase I). In the past term, which dates back to 2002, Ms. Acquard has not had any absences. Please present the Golden Gate Estates Land Trust Committee's recommendation to the Board of County Commissioners at your earliest convenience. Thank you. Real Property Management Department '"""""'.-""~""""~ll'''''W'''_'''''''''I'',''',",;;""_"~~,,",~;,,,-,,_,,.. Agenda Item No. 9D October 24,2006 Page 4 of 11 (- Golden Gate Estates Land Trust Committee Name Work Phone Appt'd Exp. Date Term Home PI,one DateRe-appt 2ndE:>.pDate 2nd Term Ms. Linda Hartman 274-5400 02108/05 10/13/07 2.8 Years 794 17th Street, N.W. 455-1739 Naples, FL 34120 E-Mail: lindamikeh@aol.com District: 5 Category: Phase I Mr. Stephen B. Greenberg 455--1204 10/11/94 10/13/98 4 Years ./ 2780 8th Street, N.W. 455-0640 11/05/02 10/13/06 4 Years Naples, FL 34120 E-Mail: District: 5 Category: Phase III Ms. Karen M. Acquard 03/1 0/98 10/1 3/98 8 months 441 24th Avenue, N.E. 455--8318 11/05102 10/13/06 4 Years v" 'c:::- Naples, FL 34120 E-Mail: District: 5 Category: Phase I Mr. Jeffi"ey Scott Curl . 261-4007 12116/03 10/13/05 2 Years 4010 8th Avenue, S.E. 3()4..()958 10/11/05 10/13/09 4 Years Naples, FL 34117 E-Mail: jcort@gradymmer.com District: 5 Category: Phase II Mr. Charles Purcell VanGelder, IT 597..en4 10/10/95 10/13/99 4 Years 760 7th Street, S.W. 353-5713 10/14/03 10/13/07 4 Years Naples, FL 34117 E-Mail: redlegnaucc@cs.com District: 5 Category: Phase I ~..- ~- _!~ WednestUz)'.. October 12, 2005 .~_ ___...4 ~'"I'IO.~'1 Page 10/2 \~-- ~ ( Agenda Item No. 90 October 24,2006 Page 5 of 11 Golden Gate Estates Land Trust Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 87-48, amended by Ord. No. 87-98 and 94- 40 to carry out the requirements, conditions and various provisions of an Agreement relating to the use of land, or funds derived from the sale of land, conveyed to the County by Avatar Properties, Inc. (fldla GAC Properties, Inc.) Applicants must reside within the subdivision known as "Golden Gate Estates." Members must reside within 1 of the 5 phases withIn the Golden Gate Estates area. Terms are 4 years FL STAT 125.01 Staff: Toni Matt, Supervisor, Real Property: n4-8991 , ~-- _...-" Wednesday. October 12,2005 '"""" .......~~..-..-..-..E. ----, ~~~...7.~..:.~~~ Page 2 of2 .-",,', ---"__...~INJ~~~'"'fW1UIiI.-.Ii~!._<,""..""''''''''''''";'','''...~..."."0,""""" Agenda Item No. 90 October 24,2006 Page 6 of 11 MEMORANDUM FROM: October 6, 2006 Elections Office 4, Sue Filson, Executive Manager I Board of County Commissioners 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. GO ESTATES LAND TRUST COMMIlTEh / COMMISSION DISTRICT (jl?c; Karen M. Acquard !J 41124th Avenue,N.E. ~ Naples, FL 34120 (j Stephen B. Greenberg 2780 8th Street, N.W. Naples, FL 34120 ~ ~ r Thank you for your help. oel 920061'\1.12: 15 -_.~-----_._-'--------------- .. MEMORANDUM Agenda Item No. 9D October 24, 2006 Page 7 of 11 DATE: October 6, 2006 TO: Toni Mott, Real Property Man~em t ~artment Sue Filson, Executive Manager Board of County Commission FROM: RE: Golden Gate Estates Land Trust Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Karen M. Acquard 411 24th Avenue, N.E. Naples, FL 34120 Stephen B. Greenberg 2780 8th Street, N.W. Naples, FL 34120 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please can me at 774-8097. Thank you for your attention to this matter. SF Attachments ."""-'->'".'n'-';;''''''''''''_"~~~i~I!I>l''~'*;'';h'',",",__'"'*",""~",,.," Page 10f2 Agenda Item No. 90 October 24,2006 Page 8 of 11 filsoo_s From: advisoryboards@colliergov,net . Sent: Sunday, September 24, 2006 4:27 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 ~...tll\1 ........ , . "J . .... -:7 :-i~ September 24, 2006 Application for Advisory Committees' Boards Name: Karen M Acquard Home Phone: 239-455-8318 Home Address: 411 24th Ave NE City: Naples Zip Code: 34120 ~ Fax Number: No information provided. Business Phone: No information provided. Email Address:LadiJ@att.net Place of Employment: Retired How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Golden Gate Estates Land Trust Committee Category: (if applicable) No information provided. Do you currently hold public office? No -1 Do you now serve, or have you served on a Collier County board or committee? If yes, please list the boards I committees: Yes 9/25/2006 . e . Golden Gate Estates land Trust 1998 to Present Collier County Domestic Animal Services Advisory Committee Golden Gate Masterplan Restudy Committee Please list your community activities: Past Matron DES, BCIFR volunteerAssociate (Treasurer & BOD) GGEACA BOD, Secretary, Treasurer, VP and Pres. Education: Associate Degree in Science University of Bridgeport, CT Experience I Background: I have served on the GGE Land Trust Committee since 1998. This committee has been instrumental in helping to fund many very worthwhile projects and I would like to be able to continue serving my community. 9/25/2006 P~e 2 of2 Agenda Item No. 90 October 24, 2006 Page 9 of 11 ( - ..,j -, filson_s Page 1 of2 Agenda Item No. 90 October 24, 2006 Page 1 0 of 11 From: advisoryboards@colliergov.net Sent: Friday, September 22, 2006 11 :49 PJ.A 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-t~l ~.I ~.., '. ,. .. . '.,....-;' ~~ , .~ . .. . :; . "'~' '. / , .... ~ .. Name: Stephen 8 Greenberg Home Phone: 239-455-0640 Fax Number: 239-455-6497 Business Phone: 239-289-5614 How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Board I Committee Applied for: Golden Gate Estates land Trust Committee September 22, 2006 Application for Advisory Committees I Boards Home Address: 2780 8th 8t NW City: Naples Zip Code: 34120 Emait Address: stevenrita@swfla.rr.com Place of Employment: lona-McGregor Fire District Are you a registered voter in Collier County? Yes Category: (if applicable) No information provided. Do you currently hold public office? No Do you now serve, or have you served on a Yes Collier County board or committee? 9/22/2006 . . . 9/22/2006 If yes, please list the boards I committees: Golden Gate Estates Land Trust Committee P~e 2 of2 Agenda Item No. 9D October 24,2006 Page 11 of 11 Please list your community activities: Volunteer Firefighter PRHS Band Booster Kiwanis - associate member Education: Associates Degree - Fire Science Experience I Background: Been on committee for several years past I have lived in the Estates since 1991. -. ,. EXECUTrVESUMMARY Agenda Item No. 9E O~tober24, 2006 . Page 1 of 12 .-. .....:.........,. ....- ..... .... ;: ,', '..c',: ',:':~'. ,.:_ _: _ " .. .'>':,'. .. .':' :: .:::'::': -::: .." .. "',:- - -':." .. - :: -.. " .. '. .. '. .. "....: .. .. c:: - ::.'-:. -'. :.." : :':~.. : <-:." ...... ..: .. .. ", -..- ':: .....:.__.. -C' ..'.... - -.:,' ..... -.', :' ", " ..... -.' APPOINTMENT OF MEMBER(S) TO THE LAKE TRAFFORD RESTORATION TASK FORCE. .' OBJECTIVE: To appoint 1 member to serve a 4 year term, expiring on April 23, 2010, to the Lake Trafford Restoration Task Force. CONSIDERATIONS: The Lake Trafford Restoration Task Force is a13-member task force created by Ordinance No. 2002-18 on April 23, 2002 to develop and implement a restoration program to include identification of the best methods to remove and/or prevent an algae bloom in order to restore Lake Trafford to its unpolluted condition; to identify available funding sources to fund with the restoration project; and, to prepare written findings and recommendations to the Board of County Commissioners. Membership includes individuals representing the Audubon Society, the South Florida Water Management District, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection, the Big Cypress Basin, the Immokalee Chamber of Commerce, the Conservancy, environmental specialists, marine consultants, and private individual citizens from Immokalee with an interest in the preservation of Lake Trafford. Terms are 4 years. A list of the current membership is included in the backup. We currently have 2 vacancies on this task force. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY ~ ELECTOR ADV. COMM. - I Paul M. Rosofsky I Retired ~I None COMMITTEE RECOMMENDATION: No Recommendation - no quorum FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA TION: That the Board of County Commissioners consider the request for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 24, 2006 ,,--. Agenda Item No. 9E October 24, 2006 Page 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 9E Appointment of member to the LaKe Trafford Restoration Task Force 10/2412006900:00 AM Prepared By Sue Filson Board of County Commissioners Executive Manager to the BCe Date BCC Offioe 10/1212006 11 :40:06 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/12/200610:57 AM filson_s From: hambright-9 Sent: Wednesday. October 11, 2006 4: 10 PM To: filson_s Subject: Lake Trafford Attachments: 9-07 -06Applicats for Lake Traford.doc Here is my spread sheet. There has been no meeting to vote for approval. If you need anything else, please let me know. Thanks. CJail fl).~, 5~t 5ax ~ Naples, Marco Island, Everglades CVB 3050 North Horseshoe Drive Naples, Florida 34104 (239) 213-2966 (239) 403-2404 Fax www.ParadiseCoast.com 10/1212006 Page 1 of I Agenda Item No. 9E October 24, 2006 Page 3 of 12 LJ..J.~ ~ (J' 0 ) ~ Z..,j<:l" ~ EN (I) (I)"" en ~ ._ Q) ro '-..0 D... roo :;;J rI.l 'Ow ffio 01 ~ en ~ ,.. fJ'.l c.... :0;::'" e: Oul.r) .........~ Q)~ ~ 6.s~"u~00 -:S~ = 0 tiS ='~ ~ ~ u .;3 ~ tiS ;S .0] ... ~ () ~ rI.l 'i ~ ~ 5 ~ ~ ~ (/).M (/) Q) 0 'a Q) 00 u ~ Q) 6 Q. ,=... ~ =;S ~ ...... ~ -< _ :a u Q ~ Os 0 ti3 s-- ~.s Q. sg 5 - g 0 ~ '0 Q) ~ = tiS 5 0 "'CS ~ (/) ~ ~ o E-< Q)... 'r;; '1:: c.,.., ~ 00...... ~"C Q) ~'o 0 tiS 0 i ~ ~ c.,..,0Q)~~i3Q)~0:>, ~ rn oU:>'Q)6 Cl ,.oQ:>' <: ~ ~ !! -.::t ] - 'g tiS.2 ~ ;j N ~ ~ ~.~ ,.. 0 Q) ~ ~' .. ~o;> ~ ~~~ ~~ 0 . is. ~ ~ ~ c'3 z ~ ~.".9." U ..J::O~ Q)0..9..9:>,0..900 uuz:>.u t-U~::C:'fi: ~~ rn~ ~ ~~ z ~ Urn ~ rI.l ::3~ - fJ'.l ~ ~~ ~ Q) :>. ~o t- Z ~ g 0 - ~ =- ~ ;;;J "'CS U Q) U ,~ ~ 0 ~ fJ'.l fJ'.l ~ ~ ~ o - Q- ~~ ....J tIS -g=8 ~~ <r:A' 0\..2 cog. ~z rLl ~ ~ ~ ~ -<~o 6~~ ~z ' ~ :E u ] ~ c' c: (~: Lake Trafford Restoration Task Force Agenda Item No. 9E October 24,2006 Page 5 of 12 Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDaJe 2nd Term Mr. Gary Holloway 334-1000 06/20/06 P.O. Box 2162 633-4069 ImmokaIee, FL 34142 E-Mail: gary.h@wallaceintltrucks.com District: 5 Ctdegory: Interested Citizen 04/23/10 ~.PmriciaAnneGoodmght 803 Tippins Terrace Immokalee, FL 34142 E-Mail: anneg@dlcmhc.com District: 5 Ctdegory: Interested Citizen 657-4434 06/20/06 857-3356 04/23/1 0 VACANT 04/23/1 0 ,FL E-Mail: District: Ctdegory: Mr. John M. Iglehart 332-6975 05/07/96 05/07/97 10971 Hereford Drive 694-1490 06/20/06 04/23/10 Ft. Myers, FL 33905 E-Mail: jon.iglehart@dep.state.fl.us District: 0 Category: Department of Environmental Protection Mr. Jon Fury 625-5122 05/07/96 05/07/97 132 Palmetto Rd., West 439-0871 06/20/06 04/23/10 Lake Worth, FL 33467 E-Mail: jon.fury@myFWC.com District: 0 Ctdegory: Florida Fish and Wildlife Conservation Commission 4 Years 4 Years 1 Year 4 Years 1 Year 4 Years T/uusday, June 22, 2006 Pagelof4 Agenda Item No. 9E October 24,2006 Page 6 of 12 (' Lake Trafford Restoration Task Force Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-oppt 2ndExpDate 2nd Term Mr. Edward Olesky 657-2401 06/20/97 05/07/98 1 Year 6001 Lake Trafford Road 657-2401 06/20/06 04123/10 4 Years Immokalee, FL 34142 E-Mail: District: 5 Category: Lake Trafford Marine, Inc. Mr. Clarence S. Tears, Jr. 597-1505 OS/20/97 05/07/98 1 Year 320 Lambton Lane 348-1356 06/20/06 04/23/1 0 4 Years Naples, FL 34104 E-Mail: ctearsjr@sfwmd.gov District: 2 Category: South Florida Water Management District Mr. James Richard Bybee 595--2830 06/20/06 04/23/10 4 Years 370 33rd Avenue, N.W. 304-5939 ~ Naples, FL 34120 E-Mail: bybeeflorida@aol.com District: 5 Category: Environmental Specialist Mr. Miles "Rocky" Scofield 643-0166 05/07/96 05/07/97 1 Year 38 Banyan Road 598-3786 06/20/06 04/23/1 0 4 Years Naples, FL 34108 E-Mail: mscofi53 81@a.ol.com District: 4 Category: Scofield Marine Consulting Ms. Nicole Ryan 403-4220 09/12/00 05/07/01 1 Year 5501 Rattlesnake Hammock Road 793-4416 06/20/06 04/23/10 4 Years Naples, FL 34113 E-Mail: nitder@conservancy.org District: 1 Category: The Conservancy L.-- 'I'IuInday, June 22, 2066 Page 10/4 c; r:-~, \:.~- C~_I Lake Trafford Restoration Task Force Agenda Item No. 9E October 24,2006 Page 7 of 12 Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term VACANT ,FL E-Mail: District: Category: Mr. Fred N. Thomas, Jr. 1205 Orchid Avenue Irnmokalee. FL 34142 E-Mail: futjr@ao1.com District: 5 Category: Immokalee Chamber 657-8181 05/07/96 657-5447 06/20/06 04/23/1 0 05/07/97 04/23/1 0 06/26/04 04/23/10 1 Year 4 Years 4 Years 4 Years Mr. TlDl Coletta n4-8097 11/14/00 3301 East Tamiami Trail 06/20/06 Naples. FL 34112 E-Mail: jimcoletta@colliergov.net District: 5 Category: County Commissioner, District 5 Tlulntl4y, JIIIIe ZZ, 2006 Ptllfe 3 0/4 c' ,~- ~-- Agenda Item No. 9E October 24,2006 Page 8 of 12 Lake Trafford Restoration Task Force Name Work Phone Appt'd Expo Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 14 member task force was established for a 1 year period on May 7, 1996, by Resolution No. 96-225 to serve as an advisory and oversight body for the Board of County Commissioners to the appropriate staff who will initiate activities to demuck and restore Lake Trafford. Resolution No. 91-250 - extending terms for 1 year to May 1, 1998; Resolution No. gs..118 - extending terms for 1 year to May 1.1999; Resolution No. 99-239 - extending tenns for 1 year to May 7, 2000. On 4/23/02 the Board adopted Ordinance 2002-18 establishing this task force as a 13 member pennanent committee. Terms are 4 years. FL STA.T StfIjJ: GaD Hambright. Tourism Department 213-2966 i.l Thursday, Jrme 22, 2006 Page 4 of4 MEMORANDUM Agenda Item No. 9E October 24,2006 Page 9 of 12 DATE: August 28, 2006 r'~ TO: t' ; .: L "~"i FROM: Elections Office ~ Sue Filso~ Executive Manage Board of County Commissioners ~ ~".ll;-,-l: '.: ';.; (. ". . ; i" j ~. ' . ; ..j 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. LAKE TRAFFORD RESTORATION TASK FORCE COMMISSION DISTRICT Paul M. Rosofsky 5989 Ashford Lane Naples, FL 34110 ;< Thank: you for your help. MEMORANDUM Agenda Item No, 9E October 24,2006 Page 10 of 12 DATE: August 28, 2006 TO: Gail Hambright, Tourism Department FROM: Sue Filson, Executive Manage~. ) Board of County CommissiO:~\ RE: Lake Trafford Restomtion Task Force 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: Paul M. Rosofsky 5989 Ashford Lane Naples, FL 34110 Please let me know, in writing, the recommendation for appoin1ment of the advisory committee within the 41 day time-frame, and I will prepare an executive sutnmary for the Board's considemtion. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank: you for your attention to this matter. SF Attachments ~ i Board of County Commissioners 3301 East Tamiami Trail Naples. FL 34112 (239) 774-8097 Fax: (239)774-3602 Application for Advisory CommitteeslBoards l""'" ~- ". " ',". r_. n t". , .' : ,. ;~-:.' t.: i ~ i , ..)::6 Name:_Paul M. Rosof'sky Ho.e PlaoH514-J963 1-<:. f""'!" Home Address:5989 Ashford Lane Code: 34110 Zip Fax No._DoDe address: Business Pbooe:_dproso&ky @comcast.net ~mail Place of E.ployment:_retired Board or Committee Applied (or:_Lake Traford Advisory Board Category (if applica Lay person Esample; c. "-- DkCrict, DeveIeper, ~..... lay penee," How long have you lived in Collier County: Years_7 years Meatlas Are you a registered voter in Collier County: Yes JeS No Do you CUrTelltIy hold publk office? Yes If so, wluat is that office? No _no Have you ever been convicted of any ofl'ense against the Law? If yes, esplmn: Yes NO_DO Do you now lel'ft, or baw you ever served. on. Collier County board or ce.mittee! Ves No 110 If yes, please lilt the CHllD.itteeslboards: Please list your community activities (civic dubs, neighborhood assoc:iatiou, etc. ad pasitioDs IaeId:_ 1- Chairman of Social Action Commmittee of Temple ShalolD of Naples _2- 4 ran world. widI Ed Laudise o a volunteer at the ImmokaJee Friendship House 3-Five years workhlg as a vollanteer at the Sunrise Community with their .Ecesutive Director, Paul Starzyck 4-Group Director for tile GnM Decisions Program of the Naples world AfI'ain Council_ s.. Seven years working as a boat captain ataDd tear pide at the Conservancy of South Wesst Florida. 6- Twoi years working as a volunteer doc_t at die Holocaust Museu... of Southwest Florida. 4 Education:_B.S. Degree major in Biology aDd Chemistry from Brooklyu College D.D.S. degree from the University of PiUs burgh School orDen'" Medic:iDe. Agenda Item No. 9E October 24, 2006 Experieoce:_Haviog volooteered at the Im.okalee Friendship BoeM lluwe worked witlt ..oy of tIi'~peo-plt!>f 12 involved. in helping to ....e Lake Tnfford. I bow .any oftlte leaders iD tIIIe 1..obIee eo..uoity and they know.e. 1 a.. . recipieat of.n ......rd for service fro.. the _moblee Fn.dsItip Boase. Having volunteered .. a boat captain and tour guide for die Coaaervucy for "e past 7 yan I .. famlli.r witb wbat is needed. to protect our fragile ovirnment. I have . pod werkilll .....tioa...ip with the new president or the Conservancy as well as many or the leaden or th.t organization. I bave a very dose relatiOllsbip witlt Ed L.udise, the Executive .Direc:tor or die 1...oIaIIee FOIIDdatiOD and tbra Ed I caD speak to the moven .nd .bakers ia the lmmoblee eoaa.nDity. n-1IIt#IdI.., _IF'" ".,..,,,,,,,.,.,,, yt1II 1M""'" 7Wr wfir fIiaIr -..M Ie fi.. _IW,. s- n-.1I.1t-.fttIiw "..... ,. tile/JIM" -/c..tI1 C,-tl J .~ JJ'1 ~ r"".".liwlI. N.... FL ,UJ1Z. If~ ",.".../-,-,....4 Ir "'-.. (1JJ}714-J68Z fir HW1ilIltI_filMHttIii~..JUI. 1hnt yt1IIftJr ~,. - tINt ~ -r~C/IIIIIIJ'. , '. ...... .... .'. .. '. .' :'," ....<,':':::',':--,,''" '.'" -', :< '- ;. ...............: ..': ;,_,. ',: ::..: :.' ..' .:,'_ .'_ .:::,.J;,.'....::,:: ',." ";,': . . . . ....:..."...... ....... .. .' , . ......', '.., ." . '. ".,','-. d" .... ....,_.......... -'.. .... .... ';'. "..... .... """. .".-..,'. ".'" ......,...'.... ..... ........ ....." ..... ....". .. "." ." ',,"'. .. ..... '.," "". .." ".... '.' ......,....... ......."., ., .,"" .- " ". ..... ". .... "..... ..." ...... . ,',". -""'.--. . ,. .... .... ."". APPOINTMENT OF MEMBER(S) TO THE ISLE OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE . EXECUTIVE SUMMARY Agenda Item No. 9F October 24, 2006 Page 1 of 13 OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, plus a full 2 year term, expiring on December 31, 2008, to the Isle of Capri Fire Control District Advisory Committee. CONSIDERATIONS: The Isles of Capri Fire Control District Advisory Committee has 1 vacancy due to a resignation, with the term expiring on December 31, 2006. This 5 member committee advises the Board on the budget and operation of the Isles of Capri Fire Control District. Terms are 2 years and members must reside within the boundaries of the Isles of Capri Municipal Fire Services Taxing District. A list of the current membership is included in the backup. Mr. Benjamin F. Pearson resigned on June 1,2006. A press release was issued and resumes were received from the following 2 interested citizens: APPLIC~""IT CATEGORY .mg, ELECTOR ADV. COMM. Resides within District None None .-. COMMITTEE RECOMMENDATION: Readvertise for someone residing at the other end of the district of Mainsail Drive or Fiddlers Creek. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 24, 2006 ,,-. Agenda Item No. 9F October 24, 2006 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 9F Appointment of member to the Isle of Capri Fire Control District AdviSory Board 10/24/2006 900:00 AM Prep a red By Sue Filson Board of County Commissioners Executive Manager 10 the Bee Date Bce Office 10/12/200611:40:06 AM Approved By James V. Mudd County Manager Date Board of County Commis.sioners County Manager's Office 10/12/200611:23 AM ISLES OF CAPRI FIRE / RESCOOb'~~~4~305~ Page 3 of 13 Memorandum To: Sue Filson From: Chief Rodriguez Date: 10-11-06 Ref: Advisory Board Applicants The Isles of Capri Advisory Board is rejecting both applicants who have applied for a seat on the board. Chris Buckelew has been rejected because Collier County records do not show that he lives in District 1. Roger Jacobsen has been rejected because he lives on the same street as two other board members; the board would like to broaden the residency of the open slot to the other end of the district of Mainsail Drive or Fiddlers Creek. The Advisory Board would like the open Advisory Board position to be readvertised. 175 CAPRI BLVD · NAPLES, FLORIDA 34113 omCE: (239) 394-8770. FAX: (239) 394-5862. WWW.CAPRrnRE.NEr Agenda Item No. 9F October 24,2006 Page 4 of 13 (-- Isles of Capri Fire Control District Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Wtl1iam Rafeldt 03/22/05 12/31/05 9 Months 1308 Mainsail Drive, #911 389-1209 Naples, FL 34114 E-Mail: District: 1 Category: Resides within MSTU Mr. Joseph Langkawel 06/20/06 12/31/08 2 Years 159 San Salvador 389-3698 Naples, FL 34113 E-Mail: langkawel@comcast.net District: 1 Category: Resides within MSTU Mr. Kirk P. Colvin 642-0157 12/13/05 12/31/07 2 Years 163 San Salvador Street 642-0157 \.- Naples, FL 34113 E-MaU: kirk@nicoProductions.aol District: 1 Category: Resides within MSTU Ms. Regina Day 393-2103 01/11/05 12/31/06 2 Years 163 Trinidad Street 389-2198 Naples, FL 34113 E-Mail: rdaymeet@aol.com District: 1 Category: Resides within MSTU Mr. Benjamin F. Pearson ~) 394-9888 01/14/03 12/31/04 2 Years 152 E. Hilo Street ~ vt> " 389-1173 01/11/05 12/31/06 2 Years J Naples, FL 34113 \J E-MaU: bfpiii@yahoo.com District: 1 Category: Resides within MSTU ~ Wednesday, Jrme 21, 2006 Page 1 of 2 (-. (- ( / Agenda Item No. 9F October 24, 2006 Page 5 of 13 Isles of Capri Fire Control District Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 75-09 to advise the Board of County Commissioners on the budget and operation of the Isles of Capri Fire Control District. Members must reside within the boundaries of the Isle of Capri Municipal Fire Services Taxing District. Terms are 2 years. 394-3206, fax 394-5862 FL STAT 125.01 Staff: Chief Emilio Rodriguez, Isles of Capri Fire Depart: 394-8770 WednGday, J.;;2i,2006 ..-.,. -.-..........,. ~~ Page 1 of1 001 0(.\ } Agenda Item No. 9F October 24,2006 Page 6 of 13 MEMORANDUM v RECEIVED AUG 0 8 2006 ~~tj(; =] ~2()(r; :')'~,,: ;: il'. ,;!'- ( DATE: August 7, 2006 Board of County Commissioners FROM: Elections Office & Sue Filson, Executive Manager I' Board of County Commissioners 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. IOC FIRE CONTROL DISTRICT ADV COMM C h ~'IJ"f~ Chris Buckelew LJJvj 1060 Borghese Lane. #606 ~ \. It.' Naples, FL 34114 /1 13 tJ 0 \" .o1..~IO)' J-l J t fJ ...--d, 'j VI1~:~\ Thank you for your help. .-1\ COMMISSION DISTRICT ~ zf MEMORANDUM Agenda Item No. 9F October 24,2006 Page 7 of 13 Elections Office RECEIVED JUN 2 6 2006 DATE: June 23, 2006 TO: Board of County Commissioners ~ FROM: Sue Filson, Executive Manager Board of County Commissioners 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. IOC FIRE CONTROL DISTRICT ADV COMM COMMISSION DISTRICT Roger Jacobsen 146 San Salvador Street Naples, FL 34113 I Thank you for your help. . ".._......,-",;,_!Ilil~_"'<lI~,*',~'''''"".I.i"''_'jk'>i<,"'iOllI''''''fli'''''.';;,"",,,,,,,,,,;,''''''..',,,,-, MEMORANDUM Agenda Item No. 9F October 24,2006 Page 8 of 13 DATE: August 1, 2006 FROM: Chief Emilio Rodriguez Isle of Capri Fire District j Sue Filson, Executive Manager I \ Board of County Commissione TO: RE: Isle of Capri Fire Control District Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Chris Buckelew 1060 Borghese Lane, #606 Naples, FL 34114 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 114-8091. Thank you for your attention to this matter. SF Attachments '" Agenda Item No. 9F r:: ..-. rl)a.t;f~~, 2006 R C."":. ~-." r:' \< fha'~9 of 13 .lUl .i:1 2006 . Board of County CommiuioDers 3101 E.. T......i Trul NapIa. FL 3411:J ' (H1) 774-8891 Pax: (!Nl) ?74-3602 I. '\.rlt~ I .OTf1iYiis!:,loners '..;ue-Illl (I ~ h) I " Application for Advisory ComlllitteeslBoards " Na.e: C~, J 8b/" -.k~6lH/ . HHleAlWrul: /~~/) A;)r~~ ~ 'as No. ~1~ ~f. I~ ....... Pbone: ~ A' H... fto..: :2:3 9 ~ /-gt./"P7t,y J '" ""~.:s 7V'Ob Zip CNe: 311 ij Bo.-_ ....U.M..I: r A.,.. <!,If!I1 .....~ ~,wI-, La. , ... Bolll'd or C...1dtteI Applied tbr: - I Catepry(ifapplicable): ~~ I$~ /JI~_ es-..: c.......1MIIrtct, Ow.,..., _Irw_...... la, penea. eh:. A",.... .......red .....r ill CoOler C....ty: Yel V- No - Do ,... CIII'1'e.cly hid ,.... oftlc.1 Yet I( Ie, ....... oIIIoet 0. 1M .... III'Y*, ... ...,. ..... ......, _ . CIIiIr Ceaty ....reI or........... Y. Jr,..,.....~.~.. No ~ No "..- P1eue bat YOIIr eo......tty aedvtClu (GftrIe C!~ lNi.ltbctrhood allOdatioa, eic. a" ,..... held: ~ = Edae.tie.: 'i~, ~~~J\ ul~~ '. Expert_.: v~. ~ -HSt>~""< =- -- 1'Mu....a.. ~Ilill..~~ .. ~.i-I/IWfIw"t. 71fr~1I"'''''~''~.8'''''''~Jeill...,... ....".,~ <'.:- .u ...m,J."'''-'-IrNw. ".-. n. UJJ:J, q'......IWN/M,..'.,..." III (Hl)17"...""z w -- ~..- -,.....,. .....-..-...--. ?~ I,!;- 2.... I . ~ GOOf;- E:6S- GE2 SE::O 9002 ~t InL -- 4 .-, , ~ Educ:.lon Met~. omc.. Tnllnlng ~-d Agenda Item No. 9F October 24,2006 Page 1 0 of 1 3 Chris Buckelew 2005 - Present Kelter Williams Platinum Realty MCA, Co- T_I..der Naples. FL 1996-2005 Clear Cboice TeamlKeller Williams OKe, OK Owner; OffIce MMtIISJ<<i Tr.lNCIon Coordln'" . Built team generatiltg 10-120 units &. up to S 10 million in an.:lUaI volume, . Hired and trained talent in the areas af administration and sales, . Developed and effectively generated a profitable senior real estate niche. . Served on local ALe for 7 years &. served as both finance & ed\lenising chairs . Provided training in local offices for both new and experienced 8SS()ciates. 1991-. 19% Carpel Traditions It Interiors OKe, OK 0fIIce MMIger . \r1anaged client servi,es &. job scheduling for five person office. . Handled all accoLU1ts receivable, accOUJlts payable, and payroll. 1999-2003 University of Oklahoma . Real Estate &. Management Information Syst<<n6 1992-1994 Oklahoma City University . Undergraduate coursework 1988-199 1 Northeast High Sc:hool . Diploma Nonnan, OK Oklahoma City, OK Oklahoma City, OK Oklahoma City MetropOlitan Association of Reaitnn . Board of Directors. 2001-2002 . Sec:retary!['reasurer,2001 . Board of Directors' Award. 2001 American Business Clubs (AM8UCS) . TreuW'Cr, 1999-2001 Agent Leadership CouncU (Ale), Keller Williams Northwest . Finance Committee Chairperson, 1999-Present Keller William. University . I\1REA-Time Mltlagement with the 4.1-1: Business Planning Clinic; Leverage I: An four administrative coun;es; Team Leader Clime; Recnliting Clinic; Consultina Clinic; I\ction Focus T~alnil1l; Producrivlty Specific Envircnmcnt; Train me Trainer; lnstnlctot Development Workshop; Mega AJcnt Camp: Quantum Leap; Keller Williams family I"O\II110n COUrIlClS Star Power S)'1telhl- Annual conferences .t. personal coachin,g (IfOII1lDl ?~ ?d~ 2... 600E-E6S-6E~ SE=B 900~ Ll tnr MEMORANDUM Agenda Item No. 9F October 24,2006 Page 11 of 13 DATE: Iune 23, 2006 TO: Chief Emilio Rodriguez Isle of Capri Fire District FROM: Sue Filson. Executive Manager Board of County Commissioners RE: Isle of Capri Frre Control District Advisory Committee As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Roger Iacobsen 146 San Salvador Street Naples, FL 34113 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the .ppUcants 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 . - ftlson_s Page lof2 Agenda Item No. 9F October 24. 2006 Page 12 of 13 From: advisoryboardsOcoIlergov.net Sent: Tuesday, June 13,2006 6:06 PM To: tilson_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 June 13, 2006 Application for Advisory Committees I Boards Name: Roger Jacobsen Home Phone: 239-642-9618 Home Address: 146 San Salvador St City: Naples Zip Code: 34113 f(t"I.1 ~. - . . ,,.... !:? ~ . '. . .:; , '. - "':.t' 1 / Fax Number: No information provided. Business Phone: 239-777-8310 Email Address:roge~aC@comcast.net Place of Employment: City Of Naples Police Dept How long have you lived in Collier County? 1-2 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Isles Of Capri Fire Board Category: (if applicable) No information provided. Do you currently hold public office? No ~ Do you now serve, or have you served on a Collier County board or committee? 6/14/2006 No . . . 6/14/2006 Ple.e list your conwnunity activities: In New York: Greenwood Lake Police Commissioner, Greenwood Lake Mayor, Greenwood Lake Parks & Recreation Dept. Greenwood Lake Elks Youth Chairman, Little League Board of Directors, Harriman Village Trustee, Chamber of Commerce Secretary. Page 2 of2 Agenda Item No. 9F October 24,2006 Page 13 of 13 Education: Bachelor of Science- Business Administration Experience I Background: As a Mayor, I was the CFO of a multi-million dollar budget that included all government activities. As a business owner, I developed businesses from scratch, grew them to profitability, and sold them off. I am quite astute at managing people. ,,",:' .......,.:'.> .'.:' :.:, .....:<'.., :-: -,..,.', ...- '.' .........:...'..': ' ': . . ..... .... ,.,,- .....:. .-; .::".....-,.'..,..:...:..' :,:,...:.,.".,:. ....".. "'_.' .c'.... .... .,........... . .....: ..' """;"." . . ::..-".,. ..; .'....,....,.......;. .,....."c. .'..' ':.:. ",': .',:. '.' "."_';'. ,.:.,:' ". .' ."C. ,', .:', .c....'...-........ , ' . . ,. ..,.... .....-. - ., . .... ..,.,...._.., "...........'.. .., ,,' ...c. '. '.. .,.... .. .__, ...... '. ,. ... " .... -,,,., APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY AIRPORT AUTHORITY EXECUTIVE SUMMARY.. Agenda Item No, 9G OctobE1r24,2006 Page 10f 21 OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on August 20,2007, to the Collier County Airport Authority. CONSIDERATIONS: The 7 member Airport Authority was created on June 22, 1993, by Ordinance No. 93-36 and has the responsibility for the construction, improvement, equipment, development, regulation, operation and maintenance of the airports and airport facilities. Members of the Authority shall be residents of Collier County with business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields. There shall be at least 1 member of the Authority appointed from each of the communities of Immokalee, Marco Island, and Everglades City if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the State, County, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form 1 Statement of financial Interests each year with the Supervisor of Elections. A list of the current membership is included in the backup. Charles L. Wright, Jr. resigned on May 31, 2006. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY J:!!g ELECTOR AnV. COMM. ~- Michael Klein Mgmt; Economics & Eng. 5 Yes None Everglades City resident Marvin D. Courtright PilotlRetired US Army Aviator 5 Yes None Harold Mays Everglades City resident 5 Yes None NOTE: Vacancy is for Everglades City resident. COMMITTEE RECOMMENDATION: Quasi-Judicial- no recommendation 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: OCTOBER 24, 2006 - Agenda Item No. 9G October 24. 2006 Page 2 of 21 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 9G Appointment of member to the Collier County Airport Authority. 10124/20069:00:00 AM Prepared By Sue Filson Board of County Commissioners Executive Manager to the BCe Date Bee Office 10/12/200611:40:06 AM Approved By James V, Mudd Board of County Commissioners County Manager Date County Manager's Office 1 OJ12/2006 11 :46 AM - Agenda Item No. 9U-- - - October 24,2006 Page 3 of 21 October 11, 2006 Sue Filson, Executive Manager Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 Dear Sue, RE: Airport Authority Board The Collier County Airport Authority (CCAA) Board has reviewed the applications for the above referenced Board, and has concluded that the following applicant is qualified to serve as a member on the board. Applicant Michael Klein Area( s) of Expertise Management, Economics and Engineering, Everglades Resident According to Ordinance 2004-03, "there shall be at least one (1) member of the Authority appointed from Everglades City. . .." Since there is no member on the Authority Board from Everglades City, the CCAA Board determined the following candidate is not qualified by virtue of residency. Applicant Marvin D. Courtright Area( s) of EXPertise Naples Resident There was insufficient information for the CCAA Board to make a determination as to whether the following candidate is qualified to serve as a member on the board Applicant Harold Mays Area( s) of Expertise Please contact us at 642-7878 Ext. 34, if you need additional information from the Airport Authority. Thank you. Theresa Cook Executive Director Agenda Item No. 9G October 24,2006 Page 4 of 21 ( Airport Authority Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDote 2nd Term Mr. Robert E. Doyle, Jr. 434-4954 11/23/99 08/10/03 4 Years 3201 70th Street, S.W. 263-0929 09/10/03 08/1 0/07 4 Years Naples, FL 3410S E-Mail: red@quarles.com District: 3 Category: LegaVEDClPilot ~ ' ...' \,rjJ Mr. Charles L. Wright, lr. f.fS~~~ 695-9107 10/11105 08/10/07 2 Years 620 Collier Avenue, P.O. Box 6 695-1074 Everglades City, FL 34139 E-Mail: CaptWrlght@ChokoloskeeCharters.com District: 5 Category: Engineering & BusinesslEverglades City Mr. Byron J. Meade 775-0623 06/08/04 08/10/05 1 Year 1303 Cobia Court 775-0623 09/13105 08110/09 4 Years ~ Nap~ FL 34102 E-Mail: jmeade6000@aol.com District: 4 Category: Business and Finance Mr. Richard Schmidt 09/13/05 2786 Orange Grove Trail 354-3490 Naples, FL 34102 E-Mail: rSchmidtI956@earthlink.net District: 5 Categ~: General Business 08/1 0/09 4 Years Mr. Stephen L. Price 657-3171 08/10/93 1400 N. 15th Street 657-1014 09/13/05 Immokalee, FL 34142 E-Mail: District: 5 Category: PilotIFinancelBusinessman 0811 0/97 08/10/09 4 Years 4 Years . , -~';~1'Zi81 ....i.. Wednesday, October 12, 2005 Page 1 of3 Agenda Item No. 9G October 24, 2006 Page 5 of 21 Airport Authority Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. James A. Peterka 768-4486 05/13/03 1101 Edington Place 3894262 09/13/05 ~arcoIsmnd,FL 34145 E-Mail: District: 1 Category: Public Affairs, General Business, Aviation 08/1 0/05 08/1 0/09 2 Years 4 Years Mr. Eugene J. Schmidt 383 Harbour Drive, #205 Naples, FL 34103 E-Mail: emaill@mindspring.com District: 4 Category: Aviation 642-7878 09/08/98 263--3444 12/1 5104 08/1 0/99 08/1 0/07 1 Year 3 Years (---- .( t:.'~.:.-' - _:i..;iOL..........l>I;.I,.~~=:Z7~~.... _,-='_,'.:L.~~._::':.'" Wednesday, October 12,2005 Page 2 of3 :&.Qo..,:~ . '^ ,'. '.'~"""""''''''''''''''''''';'''"''''''""''.",;~,,''or.,'''''''''''''';'."'.."._.,.,:. , ,,'_ ",,,;,,,,,;.;,;,.'>>">r''<'-''''''''';-'''''''''''''-''''''"'''',.''-l'';;.,'C"_"",,", Agenda Item No. 9G October 24,2006 Page 6 of 21 Airport Authority Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 7 member authority was created on June 22, 1993, by Ordinance No. 93-36. MemberS of the Authority shaUbe residents of Collier County with business ablllty and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields. There shall be at least 1 member of the Authority appointed from each of the communities of Immokafee, Marco Island, and Everglades City if a qualified candidate who resides within the respective area Is available for appointment to the Authority. No person holding elected office at the ~te, County, or Munlclpalleve' shall be appointed to, or be a member of, the Authority. Members must file a Form 1 statement of financial Interests each year with the Supervisor of EJections. Tom Palmer, County Attorney n4-8400 Board meets 2nd Monday of each month ~ ~ -c-:-:- FL STAT 330 &. 333 Staff: Theresa M. Cook, Executive Director, Airport Authority: 642-7878 ..Ai.-.> :-x:itZ:~~_~.Jr ....~..; Wednesday, October 12,1005 _._:II'_~..:il'___...~~,..'~-~- PageJ ofJ ....L::;;:...~ Agenda Item No. 9G October 24, 2006 Page 7 of 21 MEMORANDUM DATE: October 6, 2006 TO: Elections Office RECEfVEO OCT 1 0 2(D) FROM: Sue Filson, Executive Manager Board of County Commission Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. AIRPORT AUTIlORITY 4-- &&-1 ~/ Harold Mays 600 Collier Avenue Everglades City, FL 34139 ~ COMMISSION DISTRICT /'" ~ Thank you for your help. OCT 92006 PM12: 15 Agenda Item No. 9G October 24, 2006 Page 8 of 21 MEMORANDUM FROM: July 19, 2006 Elections Office ( l)./ Sue Filson, Executive Manager ~ .. Board of County Commissioners 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. AIRPORT AUTHORITY COMMISSION DISTRICT Michael Klein 208 Allen Avenue - P.O. Box 5025 Everglades City, FL 34139 5 Marvin D. Courtright 261 Matecumbe Lane Naples, FL 34114 :5 Thank you for your help. MEMORANDUM Agenda Item No. 9G October 24, 2006 Page 9 of 21 DATE: October 6, 2006 TO: FROM: Sue Filson, Executive Manager Board of County Commissione RE: Airport Authority As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Harold Mays 600 Collier Avenue Everglades City. FL 34139 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, 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 applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ( I '\ ""'..",.;"",,,..,"'"__l\iiIlItI<iljlaillliil!lIIlb;iAitlllllll!JM'Wliw;u,',,,';i;I;-#;<'.;l<;ft;'Hil~/lliji.;,~Hffifu*"_"'>>^,,~W''''''''""';"''''t'''"'"''';<''''''''''..'';i<f\i"_..iiJ'F"""<<'f",,,",,><""";",;,"";;~_""I' .. '. City of Everglades City . P. O. Box 110 Everglades City, Collier County, Florida 34139 City Hall 102 Copeland & Broadway Phone (239) 695-3781 Fax (239) 695-3020 September 20, 2006 ,//" Ms. Sue Filson Executiv~Manager.,! .'./' ......... ......... Boarliof County80p;tIDi~sio~~t'! .' . 3~OJ~t'r~alnlTrail' . ! ".'. . Naples,1"i34H2 " .' "".... "'......,:''''c'::''..-::.:.:..<,,',:,-..:.'.:-:.::'-:...;:,' "..";','..,....-::_...-...-.,.,...,,:,,..-'..:' .. ",' . <RE:C()LLIERCOUNTY AIRrORTAIITBORtrY. ',' ',.'_.'._,.' _..~:.>'::".':":;',.;:.::" ........... ',. .-:;-<:.....:::,:<\,'ii.:~.\'.::;.::s::/'.::::,.:,:.', '--,..,'.:, ..,....:.~.;.:...,:::...:.:.-'.:.:'.-. ,," . . :fD8<>n: .:-,:,,:.,?:),:~ -, "":;','-':::". Agenda Item No. 9G October 24,2006 Page 10 of21 .' :'-.: :_: "~".;' :>:.:~:.'},.:.<::...':....."..:': ':.'."~"._.: ':'.' : --::<: .. .. .. .':i:-...._.>:-.:-":...:.,-.'..:..' '.' .. .-.. ".' '_: .. ... '.' "" '.:: ':';:":'."':';"'.:':':" ::.:, . ,::: As Ma~Fof Ever~~s City, I would likertoappoint Harol~~ays to the Collier County Airport Authority.)~a{)preciate~opportUnity for Evergladei,City to serve on this advisorycommittee~)' . .:'.'i' ..This letter serving as my request; that you present the appoin1IIlent recommendation to . the Board of County Commissioners for their consideration and approval.- 'Sh2t4~Y0l1 have an~questionsorrequire additional informanol4 please feel free to call myselfor Dottie Joiner, City Clerk aUhe abOve number. ...,.,.....-...----', -'.- '. . .,.. .' .~ Mayor Sammy Hamilton, Jr. City Clerk Dottie Smallwood Joiner City Attorney Michael McDonnell Agenda Item No. 9G October 24,2006 Page 11 of 21 . City of Everglades City Clerks Desk 239-695-3781 239-695-2350 fax Memo- 1 To: Sue Rison (3 pagest 7748865 From: Dottie .Joiner Da1B: SeptIamber 27. 2006 Re: Airport AuthorIIr and me Attached please find the 2 applications for Airport AlM'lority and TDC. _ If you have any questions please feel free to call me at the above runber. Thanks sooo much!!! . ( . Page 1 ~'d 68l99V€ll )jJelO ~!O 800: II 90 8l des . .J -.., Agenda Item No. 9G October 24,2006 Page 12 of 21 Board of County Commissioners 338. East T.mlami Trall Naples, FL 34112 (239) 77....8097 V.x:(139)774-3602 . ~- Bow IoDg bave you Ived 1m Collier Co..ty: Vears !fJI.. MODtba Are you a regiJtered voter in CGlIIer Co..ay: Yea I.-- No Do you earreatI)'laold public oll"'aee! Vet Iho, whlIt . daat .meeT No L- Have you ever beea c:oIlvided of IUI)' ofleDJc apj-. the lAw? If yes. espial..: ..... No Yes Do 100 __ HI'ft, or.ave,.. fl'tr.......s. oa a Colli.. eont, ........ or ca._ialee? Y- N. If yes. plea. 1st u.. co.lIIiaeesIIleIIrds: Please list you co....uity adiYifia (civic dabs, aeiPborlleod usociIItIoes, ek. aad posIdoDS beld: Edu.catioa: Esperieac:e: PItttue-.dt.. f~~-p-'''''' .....-.:"",,,..,..... "* w...... *"'II "'./11I ~.SW I1IIM, ERaItfpc ~,. tI,dH"""Jc-.q CI Jill' .... rrrn,.u.l s.t r..... f'rfliI,""'" n..ull~ If~ lIIt1It,~.fccytlll""IfII"""1D (2Jt) 71I-JfJl2 fir ~ 111 $1ln;(:mN>t.YtJlit!"'''.II'-'' n.,....IM ...wtrm/J6 IDIIIInC! tile dtizM' II/Collin CDlr"~" ~'d 69L99V€l ~ )!JelO N!O e~o;~~ 90 9l des PlJ~ o/cq;~ cq;~ cq;~ 3301 East Tamlaml Trail- Naples, Florida 34112 - 4977 (239) 774-8097 - Fax (239) 774-3602 Agenda Item No. 9G Oct~~~{f) Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Freel W. Coyle District 4 Jim Coletta District 5 September 13, 2006 Mr. Marvin D. Courtright 261 Matecumbe Lane Naples, FL 34114 Subject: Collier County Airport Authority Dear Mr. Courtright: While convened in regular session on September 12, 2006, the Board of County Commissioners voted to direct staff to readvertise this position. I will hold your application in abeyance and resubmit for the final appointment process. On behalf of the Board of County Commissioners, I wish to extend our appreciation to you for your willingness to serve the residents of Collier County as a member of this advisory board. Very truly yours, FH:sf Enclosures cc: Theresa M. Cook, Airport Authority Executive Director P1J~o/W~ w~ W~ 3301 East Tamiaml Trail · Naples, Florida 34112. 49n (239) n4-8097. Fax (239) n4-3602 Agenda Item No. 9G October 24 6 Page Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 September 13,2006 Mr. Michael Klein 208 Allen Avenue P.O. Box 5025 Everglades City, FL 34139 Subject: Collier County Airport Authority Dear Mr. Klein: While convened in regular session on September 12, 2006, the Board of County Commissioners voted to direct staff to readvertise this position. I will hold your application in abeyance and resubmit for the final appointment process. On behalf of the Board of County Commissioners, I wish to extend our appreciation to you for your willingness to serve the residents of Collier County as a member of this advisory board. Very truly yours, :::;~~ ~/ Commissioner, District 2 FH:sf Enclosures cc: Theresa M. Cook, Airport Authority Executive Director EXECUTIVE SUMMARY Agenda Item No. 9G October 24, 2006 Page 15 of 21 APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY AIRPORT AUTIIORITY OBJECTIVE: To appoint I member to fulfill the remainder of a vacant term, expiring on August 10,2007, to the Collier County Airport Authority. CONSIDERATIONS: The 7 member Airport Authority was created on June 22, 1993, by Ordinance No. 93-36 and has the responsibility for the construction, improvement, equipment, development, regulation, operation and maintenance of the airports and airport facilities. Members of the Authority shall be residents of Collier County with business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields. There shall be at least 1 member of the Authority appointed from each of the communities of Immokalee, Marco Island, and Everglades City if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the State, County, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form I Statement of financial Interests each year with the Supervisor of Elections. A list of the current membership is included in the backup. Charles L. Wright, Jr. resigned on May 31, 2006. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECfOR AnV. COMM. Michael Klein NOTE: Vacancy is for Everglades City resident. J-ve( (tC 5 Yes None 5 Yes None COMMITTEE RECOMMENDATION: Quasi-judicial- no recommendation FISCAL IMPACT: NONE ~u fU v{ /1) 1\ QtJ RECOMMENDATION: That the Board of County Commissioners consider the requests for t appointment, appoint 1 member, and direct the County Attorney to prepare a resolution (] ~ confirming the appointment. y GROWTH MANAGEMENT IMPACT: NONE Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 12,2006 COLLIER COUNTY AIRPORT AUTHORITY 2005 Mainsail Drive, Ste. 1 Naples, FL 34114-8847 (239) 642-7878 Fax (239) 394-3515 www.collieraviallon.com August 22, 2005 Sue Filson. Executive Manager Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 R, r: r- l"':r' rr-n e t .., , It..... ...-.... '. " , ..' '.:". !,,-, fj ~ ~""'-," tJ~~'" ~: ;jaG bOd fe, ~; f... -~..;:' < ,,~P"",C',~'; ~::...;.~: ~H'> Dear Sue, RE: Airport Authority Board The Collier County Airport Authority (CCAA) Board has reviewed the applications for the above-referenced Board, and has concluded that the following applicant is qualified to serve as a member on the board. Applicant Michael Klein Area( s) of Expertise Management, Economics and Engineering, Everglades Resident According to Ordinance 2004-03, "there shall be at least one (1) member of the Authority appointed from Everglades City.. .:' Since there is no member on the Authority Board from Everglades City, and the CCAA determined the above candidate is qualified to serve as a Board member, the CCAA Board chose not to determine if the following candidate is qualified. Applicant Marvin D. Courtright Naples Resident Please contact us at 642-7878 Ext. 34, if you need additional information from the Airport Authority. ~ Theresa Cook Executive Director o Marco tsland Execulive Airport 2005 Mainsait Orlve Ste, 1 Naples, FL 34114-8847 (239) 394-3355 (239) 642-5427 Fax o lmmokalee Regional Alrpoirt 165 Airport Boul8\lard Immokalee, FL 34120 (239) 857-9003 (239) 657-9191 Fax o Everglades Airpe rk P.O. Bol< 889 650 E.C. Airpark Road Everglades City, FL 34139 (239) 695-2778 (239) 695-3556 Fax MEMORANDUM Agenda Item No. 9G October 24,2006 Page 17 of 21 DATE: July 19, 2006 TO: Theresa M. Cook, Airport AUthJri ecutive Director Sue Filson, Executive Manager /... Board of County Commissioners j. FROM: RE: Airport Authority 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: Michael Klein 208 Allen Avenue - P.O. Box 5025 Everglades City, FL 34139 Marvin D. Courtright 261 Matecumbe Lane Naples, FL 34114 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, 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 applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ( " . 4 .-, filson_s Page 1 of2 Agenda Item No. 9G October 24,2006 Page 18 of 21 From: advisoryboards@colliergov.net Sent: Friday, July 14, 2006 8:20 AM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiaml Trail Naples, FL 34112 Tel: (239) n4-3602 Fax: (239) 774-3602 .Lt].~., ~~ :~ I:J -.. ..' . . ..:t .~ '. - j' ..: 1 ,... Fax Number: No information provided. Business Phone: 603-355-6429 Have you ever been convicted of any offense against the law? No No July 14, 2006 Application for Advisory Committees I Boards Name: Michael Klein Home Phone: 239-695-0595 Home Address: 208 Allen Avenue - P.O. Box 5025 City: Everglades City Zip Code: 34139 Emall Address:nfn19842@naples.net Place of Employment: Self How long have you lived in Collier County? 5-10 years Are you a registered voter in Collier County? Yes Board I Committee Applied for: Everglades Airport Advisory Category: (if applicable) No information provided. Do you currently hold public office? No Do you now serve, or have you served on a Collier County board or committee? 7/19/2006 Please list your community activities: City Hall preservation group; Everglades Museum member; Historic designation volunteer. Page 20f2 Agenda Item No. 9G October 24,2006 Page 19 of 21 v . Education: SSc. Management & Economics AAS Electronics Paralegal Certification H&R Block Income Tax Experience I Background: Aerospace industry; electronics engineering; Executive Director; City of Keene street festivals Planning Board Chairman Publisher of the Town Newsletter Community Theatre Litigation Paralegal Private Pilot . \ '- . ( 7/19/2006 ) . - FROM . FAX NO. ........'-' ..... ' ~......1. Ju \. 12 200~\JGOeat:UerrPl.1o, 9G Oet6l5er~, 2006 -"'-Pa1j~ 2O.ot-.~1.. - Board or COUll'" C JJOl t .~, omZDJuionel'l It. 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Hill ~ .....,..,liP".,,,,,.,.,.. ill (1Jli:r,..,'I1I.,..... - - - - - rr.,t,....-,...h. ha.-""......~('..,.. r /] t. ...-/ ../t1~~y' '-9 - MaY 2Q06 }As.sueF~~Uc1e~ ~of~~ Colliet Q7JUJ\t.y ~ ~ B. 'T~ 'TtaU Naples, n. 34112- \le: eomer ~ p.itpllP ~ U~.ldidpet-""" tbak!be~~lor!be~ ~ J;dVrP'J 11oOI'1.... ~ lor l:llll p,M. on ~ )4y """" ..,...,..tJ1lA'l'I8,.,a1<e it ~ dlffIcU1tjor"'" '" .-"- ~ ~. 1..... __ ~ l1l'/ ~ _!be c.o1Ii'" CAiJIll'J p.itpllP ~ \lOllI<L ~~. inord'" '" aI1o<<!be ~ ",lI1\l1l'/ ~ on !be 1IoOI'1..,ilha ~ .mo-"""" ~.-.a 11oOI'1 ~&S. ~~}; GJ I COI'l' "" ~ 0Yikv ~e l)l:t<!Ctof r'd BOtS-SS9 -as ~4ITJIIl .erJ."':J .~d.:J M.enda Item N October 24 o. 9G Page 21' 2006 of 21 ...... ...... ...... ....11I -- '1IIa iil ii ii ii Ii i .~ - (-- - d..S;IZO 90 te ':;-W I ""..... '''.;~ Agenda Item No, 9H October 24, 2006 Page 1 of 57 ,- EXECUTIVE SUMMARY The Annual Performance Appraisal for the County Attorney OBJECTIVE: To complete the performance appraisal of the County Attorney. CONSIDERATIONS: The County Attorney reports directly to the Boaro of County Commissioners. In order to assure that the County Attorney Office work performance is coordinated with the direction of the full Board, an annual appraisal and merit consideration are provided in the County Attorney Employment Agreement. This is the annual work plan (Action Plan) previously developed with the Board. The plan uses a 1 - 3 rating guide. The County Attorney has been available to meet individually with commissioners and has provided a self-appraisal relating to the performance standards for reVIew. ,- The County Attorney Employment Agreement provides that on the date general wage adjustment are granted generally to Collier County employees, the County Attorney's base salary shall be modified to reflect the general wage adjustment granted to other County employees. If a satisfactory performance rating is provided by the Board of County Commissioners, merit pay shall be awarded from 3% minimum to a 10% maximum. Per the Employment Agreement, all such merit adjustments shall be included in the County Attorney's base salary. However, the County Attorney, similar to the County Manager, agrees that any merit adjustment may be provided as a lump sum merit payment which is not an addition to base salary. FISCAL IMPACT: Depending on the percent of merit pay awarded by the Board, the approximate cost to the general fund, may range from $5,600.00 to $18,600.00. General (001) Funds are available to support this range of award. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: The Board of County Commissioners complete the annual performance appraisal process for the County Attorney and determine the merit pay award for FY 05 106. Such annual performance based merit adjustment for satisfactory performance shall not be below a minimum of three percent (3%) nor exceed a maximum of ten percent (10%) of annual base salary. Submitted by: Frank Halas, Chairman Board of County Commissioners publicfbcc agendaJI 02406/dcw perf appraisal ,- Agenda Item No. 9H October 24, 2006 Page 2 of 57 COLLIER COUNTY BOARD OF eOUNTY COMMISStONERS Item Number: Item Summary: Meeting Date: 9H The Annuel Performance Appraisal for the County Attorney 10124/2006 9:00'00 AM App roved By David C. Weigel County Attorney Date County Attorney County Attorney Office 10J13/2006 4:34 PM App roved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 10/16120066:36 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/16/20069:46 AM Agenda Item No. 9H October 24,2006 Page 3 of 57 COUNTY ATTORNEY EVALUATION SUMMARY OF RATINGS COMMISSIONER ITEM FIALA COYLE HALAS HENNING COLETTA AVERAGE LeQal Advice L.1 2.50 2.00 3.00 3.00 3.00 2.70 L.2 1.67 2.00 2.00 3.00 3.00 2.42 L.3 2.50 2.50 3.00 3.00 3.00 2.80 L.4 2.00 2.00 2.00 3.00 3.00 2.40 Communication, Public Response & Outreach C.1 2.00 2.33 2.00 3,00 3.00 2.47 C.2 2.00 2.00 2,00 3,00 2.00 2.20 C.3 2.00 2.00 2.00 3.00 3,00 2.40 C.4 2.00 2.25 3.00 3.00 3.00 2.65 Fiscal Manaqement F.1 2.00 2.25 2.00 3,00 3.00 2.45 F.2 2.00 2.00 2,00 2.00 3.00 2.20 F.3 2.00 2.00 3.00 3.00 3.00 2.60 Leadership / Personnel Manaqement P.1 2.50 2.00 2.00 2.00 2.00 2.10 P.2 2.00 2.00 2,00 3,00 3.00 2.40 P.3 2.00 2.00 2,00 3,00 3.00 2.40 P.4 2.33 2.00 2.00 3.00 3.00 2.47 P.5 2.00 2.00 2,00 3.00 3.00 2.40 Averages Per Commissioner 2.09 2,08 2.25 2.88 2.88 Overall Average 2.44 04-COA-04016/491 MEMORANDUM Agenda Item No. 9H ~ r::- October 24, 2006 "cCI2I~ Page4of57 SEp 00 1:D EIa;Jt<:lOf _, 2006 county ,... , "'01>1_ -''''';$% '1'/&1);: TO: Commissioner Frank Halas, Chairman, District 2 Commissioner James N. Coletta, Vice-Chairman, District 5 Commissioner Donna Fiala, District I Commissioner Tom Henning, District 3 Commissioner Fred W. Coyle, District 4 ./ David C. Weigel, County Attorney ~ FROM: DATE: September 6, 2006 RE: FY 05 / 06 Appraisal av.;f" /?t?~~6 As directed by the Board last year, it is time now for the Board to evaluate the County Attorney / County Attorney Office for performance since last September. Attached you will find my FY OS / 06 Action Plan with Performance Review Measures. The standards for rating your appraisals are listed on the first page of the Action Plan document. My self analysis comments are included for your reference and review. In order to meet published agenda deadline, I would appreciate it if you would please return your graded packets to me by 10:00 a.m., Tuesday, September 19th, so that I may consolidate the ratings for presentation at the September 26, 2006 Board of County Commissioners meeting. If it is not practical or convenient to finish the evaluation rating by then, and you provide them to me prior to Tuesday, September 26th, your ratings, comments and averaged ratings will be provided at the September 26th Board meeting. I will be available to meet with each of you individually to discuss any questions, comments or suggestions, if you desire, or feel free to provide me any comments or suggestions by individual note or memo. Although there are several specific categories and subcategories for review/rating, I hope, above all, that your view of the competency, integrity, willing attitude to assist in a solution- oriented manner and your confidence in the County Attorney/County Attorney Office is assured. If you should have any questions about this appraisal task or wish to meet with me, please contact me at your convenience. Respectfully submitted. DCW /dda Attachment 04-COA-OJ OJ 6/488 Agenda Item No. 9H October 24, 2006 Page 5 of 57 FY 2005 / 2006 Action Plan David C. Weigel, County Attorney The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. He is to act as legal advisor and counsel for the Board of County Commissioners, advisory boards and committees, County Manager and his agencies. The County Attorney through the assistant county attorneys and supporting staff represent the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury, property damage, workplace / personnel matters, finance and land use. The County Attorney is responsible for policy documents (resolutions), legislation (ordinances and special acts), and the drafting or legal review and/or revision of all contracts, real property conveyance documents and other Board signatory documents. The following Action Plan was developed to illustrate and review Board expectations for the County Attorney for the period from October 2005 through September 2006. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a significant law firm, including: legal advice; leadership / organizational direction; communications, public response and outreach; fiscal management; and personnel management. At the conclusion of the fiscal year, the Board of County Commissioners is to perform an annual evaluation of the County Attorney's performance by rating each of the following performance objectives on a 1 to 3 scale. The simplified evaluation rating scale is as follows: [1 - Below Standards; 2 - Meets Standards; 3 - Exceeds Standards]. Individual evaluations will be totaled and averaged to determine the Board's collective evaluation position. Thank you for your time and consideration in this regard. David Werqe/'s Self Analvsis Provided Here Page 1 of 10 LEGAL ADVICE L.1 The County Attorney will provide effective advice. and assure timely responses to both written and oral questions from the Board of County Commissioners, County Manager, his agencies and employees. Self Analysis of L.1 : Agenda Item No, 9H October 24,2006 Page 6 of 57 MEASURES Rating c Communication skills (written and oral) are effective. clear and concise [J Responsive to questions [J Advice demonstrates that the issues have been thoroughly analyzed [J Advice and ideas are solution-oriented 3 All attorneys have been tasked with and have succeeded in consistently communicating in a more effective and clear manner. The County Attorney and Chief Assistant County Attorney proactively met with all Division Administrators and certain key Department Directors to ensure that they were receiving timely responses to all requests, whether oral or written. Assistant County Attorney William Mountford has assisted in the development of the Accident Prevention/Liability Reduction Program administered by the Risk Management Department. This has also assisted in communications being made to the attorneys earlier, rather than later, of problems or issues so the attorneys can work with staff in finding solutions to achieve goals, There have been over 1 ,700 Requests for Legal Services processed from October 1, 2005 through the second week in August, 2006. This does not include telephone calls received to ask "a quick question" or to respond to a public records question. It also does not include time spent in attending scheduled meetings or assisting a department person who drops by the office unexpectedly. When three employees departed at the Horseshoe branch, the County Attorney used that event as an opportunity to enhance services to Community Development staff and the Board through the reallocation of other experienced staff members. This was accomplished through a quickly executed hiring process and innovational management chain of command. Assistant County Attorney Scott R. Teach has provided effective advice and extensive assistance to staff with regard to EMS union contract negotiations, L.2 The County Attorney will assure that the County is provided the best possible representation in all litigation matters. [J Best utilization of in-house and outside counsel [J Effective selection of outside counsell expertise in specialized fields Q Well chosen litigation communication techniques, e.g. public meetings, shade meetings, written and spoken communiques 2- Page 2 of 10 Agenda Item No. 9H October 24, 2006 Page 7 of 57 Self Analysis of L.2: In the Naples boat speed case, great attention was given to the preparation and presentation in all phases of discovery and hearings by Assistant County Attorneys Jeffrey A. Klatzkow and Colleen M. Greene. County Attorney Office has worked well with the charter boat captains in this case, The County Attorney Office has very effectively represented the Board and County Manager interests in major former employee litigation and cases where in some instances County employees have been sued individually or where an individual Board member has been named as a defendant. the selection of outside counsel has been determined by Commissioner choice. County Attorney Office has carefully utilized shade meetings to communicate settlement offers and discuss litigation strategy with the Board. Assistant County Attorneys Heidi F. Ashton and Ellen T. Chadwell have processed many eminent domain lawsuits to assist staff in acquiring necessary easements for roadway projects and properties for well fields. These attorneys and their staff have worked quickly and efficiently to assure the county and the citizens receive fair and equitable results, Assistant County Attorney William E, Mountford has worked diligently with the Risk Management Department to defend the County when claims are made, either through litigation or pre-litigation processes, He and his staff have set up procedures to ensure that cases proceed smoothly, efficiently and effectively. L.3 The County Attorney services to Board/County Manager re: County legislative needs and concerns. a Assists the Board/County Manager with advice. review and writing of legislative initiatives and bills; participation and interaction with local legislators / legislative delegation. 3 a Assists the Board in Florida Association of Counties (FAC) matters; attends FAC meetings and actively interacts with FAC officials. including developing Tallahassee and around-the-state contacts; and working well with counsel to FAC. Self Analysis of L.3: This past year, the County Attorney Office has most effectively assisted and coordinated with the Board, individual Commissioners, the County Manager and his assigned legislative staff with the many difficult issues facing county government generally and Collier County specifically, The County Attorney has shown great ability to seek out legislative personnel at the elective and appointed levels, formulate questions and answers to better assist the Board in pressing Board issues with legislators and state departments such as the Department of Community Affairs. Assistant County Attorney Jeff Klatzkow and the County Attorney have worked closely with Board members and FAC to help achieve the best results possible. County Attorney personnel have always been available and enthusiastic to assist Board members and County Manager staff traveling to multiple hearings across the State and the numerous trips to Tallahassee. The County Attorney prides himself in strong working relationships with our legislative delegation. their aides. and the officers of the Florida Association of Counties as well as the Florida Association of County Attorneys. Such relationships built over time with effort and courteous interaction has and will assist this Board and the County Manager with ongoing and new legislative issues and desires. Page 3 of 10 Agenda Item No, 9H October 24,2006 Page 8 of 57 L.4 The County Attorney shall advise the Board or its members to make Attorney General Opinion requests, or Commission on Ethics opinion requests, and inform the Board of pertinent opinions and case law. The County Attorney shall be evaluated for opinions provided relating to Chapter 112. Part III, Florida Statutes and the Collier County Ethics Ordinance. CJ Communication skills (written and oral) are effective, clear and concise CJ Responsive to questions lJ Advice demonstrates that the issues have been thoroughly analyzed lJ Provides creative and proactive responses (solution-oriented advice), if possible a Self Analysis of L.4: The County Attorney and Assistant County Attorney Marjorie Student-Stirling have acted upon the request of the Chairman and the Board for legal opinions citing case law to assist the Board in its land-use decision making, Additionally, the County Attorney has provided all Commissioners and other County personnel with a handy custom reference booklet that clearly states the criteria required for Board land-use decisions (Le., zoning, PUD's, conditional uses and variances) with an accompanying explanation of case law authority for Board decision making regarding variances. The object of these measures by the County Attorney has been to simplify and clarify the Board's decisions for the Board's sake and further strengthen the record of the Board's decision in case of any appeal, The County Attorney and key staff attorneys have worked closely with Board members in providing answers to legal questions and providing counsel based upon critical analysis and experience in subject areas, The County Attorney and Chief Assistant County Attorney have vigorously continued the County Attorney's program of educating advisory committees, staff liaisons, and the public on the Government-in-the-Sunshine Law, the Public Records Act, and state and local ethics laws. The Chief Assistant County Attorney continues to attend ethics seminars and also work with Ethics Commission staff attorneys to provide opinions on ethics issues. COMMUNICATION, PUBLIC RESPONSE & MEASURES Rating OUTREACH C.1 (Internal) The County Attorney will be lJ Provide interim workshops J seminars to expected to educate and update county staff to county staff covering work-related issues reduce creation of legal issues and lawsuits in to reduce county liability Z the workplace and from work as performed. lJ Proactive review of division I department policies and suggest possible updates. lJ Maintain open lines of communication with County Manager, Division Administrators, and Department Directors Page 4 of 10 Self Analysis of C.1 : Agenda Item No. 9H October 24, 2006 Page 9 of 57 The County Attorney continues a proactive, preventative, educative approach to assist in reducing the number of legal issue and lawsuits in the workplace, Chief Assistant County Attorney Michael Pettit and I continue to devote numerous hours educating employees on the do's and don'ts of the Ethics Ordinance and County Manager policies, Sunshine Law, Public Records Law, and Ethics policies. This educational, advisory practice is designed to reduce or eliminate questions and problems that might otherwise arise in the workplace. The County's record for public records production and avoidance of Sunshine Law problems speaks well to the County Attorney's efforts and the practices of the County staff pursuant to the education and advice of counsel. This past year has seen more voluminous and complicated public records requests than ever before yet the County has performed well. This push shall continue in the area of Public Records maintenance and responding to public records requests, some of which are extensive, complex and require search and production from several departments, Board records, and other diverse locations including archived materials. As the County Manager staff further develops positions, operations and procedures relating to public records requests, retrieval and records retention policies, the County Attorney shall continue to assist to achieve responsive and efficient government service in the public records arena. County Attorney Office has worked with the Human Resources Department to update the poliCies and procedures manual. Assistant County Attorneys periodically meet with and train department staff on procedures that will assist them to more effectively perform their job functions and reduce legal risks and/or county liability and to assure that they are aware of current laws or rules in their assigned areas. The Chief Assistant County Attorney has also continued specific training for project managers in the construction area to assist them in identifying and avoiding construction claims and disputes. C.2 (Internal) The County Attorney will be expected to regularly communicate with the County Manager, his Division Administrators and Department Directors, and the Constitutional Officers to better ensure that operations between these agencies and the Board of County Commissioners are effectively coordinated. Self Analysis of C,2: [J Provide responsive and solution-oriented advice to questions or issues that arise or have the potential of arising [J Maintain effective working relationships with County Manager staff and Constitutional Officers 2 The County Attorney and/or Chief Assistant County Attorney continue to attend the County Manager Division staff meetings in an effort to maintain efficient, effective working relationships and be aware of any issues that may be on the horizon. The County Attorney and various Assistant County Attorneys also attend the Department Directors' meetings of the Transportation, Utilities, and Community Development and Environmental Services Divisions. Additionally, the County Attorney and the Chief Assistant County Attorney have met during the year with all division administrations, the Airport Authority Director, and the County Manager. Assistant County Attorneys routinely meet with assigned department directors in an effort to proactively assure that needs are being met. C.3 (External) The County Attorney will be expected to provide information to the public through public speaking engagements, seminars, print and electronic media. [J Communication skills (written and oral) are effective, clear and concise [J County Attorney I attorneys available to attend meetings day or night at offices or out in the community as requested. Helpful; effective Z- Page 5 of 10 Agenda Item No. 9H October 24,2006 Page 10 of 57 Self Analysis of C.3: The County Attorney and Assistant County Attorneys have attended various neighborhood meetings with staff or commissioners, evening meetings of advisory committees, and town hall meetings scheduled by commissioners. The County Attorney is still involved as an officer with the Florida Association of County Attorneys and accepts invitations to speak at meetings of local organizations. Also, Assistant County Attorney Marjorie M. Student-Stirling continues to accept invitations to provide lectures at land use seminars for attorneys. C.4 The County Attorney will be expected to administer the office to assure that the general public is responded to in a timely and accurate manner. [J Ability to communicate effectively, tactfully, and courteously [J Responsive to questions j Self Analysis of C.4: The following is the essence of the talk I gave speaking to the Immokalee Rotary Luncheon in June 2006: Timely, helpful response to the public is a high priority within the office. We have established a good record and reputation for providing prompt, courteous, responses to questions and issues that arise from the public sector relating to county matters, The office is significantly involved in assisting Board and County Manager Office public records requests and is very cognizant of the duty to work with the appropriate departments to provide prompt, accurate responses, This is an area where r believe that County Attorney staff shines by expeditiously communicating with the requestor and the offices affected by such requests, completing the projects and exceeding expectations, The appreciative e-mails, etc, far exceed the critical comment. Additionally. when our office receives a call or visit from a member of the public where our office is not the correct office, it is my policy for our attorneys and support staff to assist the caller with the way to obtain the answer or make a call for the public to assist in some way even if our office isn't in a position to answer, and certainly not provide client-type legal advice. It's a type of public relation that can change the bad mood of someone who's gotten Uthe runaround" contacting government offices_ FISCAL MANAGEMENT MEASURES Rating F.1 The County Attorney will develop an Q Compile and analyze financial, annual budget for the Office of the County budgetary, and statistical data and 2- Attorney that will be presented to the Board of present a realistic, cost effective budget County Commissioners for review and approval [J Ability to prepare an annual pay plan for through the budget process developed by the the OffICe of the County Attorney County Manager. Page 6 of 10 Self Analysis of F.1 : Agenda Item No. 9H October 24,2006 Page 11 of 57 Fiscal responsibility and well-analyzed, cost-effective budgets have been a bulwark of the County Attorney for many years. Increases are requested only when the ever-increasing level of legal demands dictate additional resources. The goal is to provide the Board with the most efficient, effective legal representation possible. The arrangements made with the Clerk and Judge have saved tremendous expenses, clerical time and court time in eminent domain cases. We do more with less when we can, and achieve efficiency along the way, Except where state mandates have required budgetary increases, the County Attorney Office has followed and met the Board's budget goals. F.2 The County Attorney will assure that the budget for the Office of the County Attorney is effectively administered and the Board is timely informed on any extraordinary matters arising throughout the year. Self Analysis of F,2: [J Prudent administration of County Attorney Office budget; fiscally responsible [J Communicate in a prompt, timely manner any extraordinary issues that arise during the fiscal year. 2- My record indicates my conservative approach to administration of the County Attorney's budget. Increases are sought only in extraordinary circumstances, and then only when all other avenues have been exhausted. I've developed a significant revenue component to the office budget. When worthy issues or matters I deem necessary to inform the client arise, I communicate with the Board either during the board meeting or individually, as appropriate. F.3 The County Attorney will assure that bond issues and other financing matters of a legal nature are coordinated through the County Manager, Clerk, Financial Advisor, Bond Counsel, and Disclosure Counsel (the .players"). Self Analysis of F,3: [J Responsive to questions of the .players" [J Performance demonstrates that the issues have been thoroughly analyzed (bond issues) Cl Demonstrates a comprehensive understanding of bond issues and related financing matters (advises and assists Board/Chairman, as appropriately in transactions and closings) 3 The financing issues that come to this office are responded to and handled in a coordinated manner with all participants (Clerk, Financial Advisor, Bond Counsel, Disclosure Counsel and county staff). An attorney in this office also attends and participates in the Finance Committee meetings., The County Attorney reviews and provides document revision comments to Bond Counsel, provides a County Attorney opinion letter for all bond issues. The County's fiscal and financing transactions in this area have been successful, routine and legally proficient. It's either done right or it's wrong, We do it right. Page 7 of 10 LEADERSHIP I PERSONNEL MANAGEMENT P.1 The County Attorney will assure that there are clear goals and objectives established and that they are effectively communicated throughout the County Attorney Office. Self Analysis of P ,1 : Agenda Item No. 9H October 24,2006 Page 12 of 57 MEASURES Rating o Planning & organization: establish goals and priorities, analyze and evaluate organizational effectiveness and make sound decisions. o Application of management techniques to ensure compliance with organizational policies and directives. to control quality, quantity, time and costs. 2- County Attorney continues to hold biweekly office staff meetings to review agenda materials and prepare for Board meetings. share legal news and views and make new office assignments in a group setting, where appropriate. Project and departmental assignments are made pursuant to the particular aptitude. interest and expertise of each attorney. "High profile" assignments are made upon particular requests of the client (Board, County Manager, Division Administrators, etc.) and/or by the County Attorney or Chief Assistant. who retain a "monitoring"/advisoral position of the assistant county attorneys, as appropriate. Time Sheet and other administrative review techniques are applied to determine work demands. fairness in assignment and timely response to Board and departmental legal requests, This year, after the departure of two Assistant County Attorneys and a legal assistant to the private sector, the challenge to meet ongoing and future COES assignments with appropriate expertise was met with success. The creation of the Managing Assistant County Attorney position with Jeffrey Klatzkow at the helm and the successful hire of Assistant County Attorney Jeff Wright provided the land use attorney/support staff operation of the County Attorney Office to function more successfully with a higher level of service and a shorter response time. P.2 The goals of the Board of County Commissioners and County Manager are effectively understood and proper assistance is provided by the County Attomey Office in pursuit of said goals. Cl Application of management techniques to assure effective assistance to respective clients. o Guide and direct staff to maximize legal resources with client needs, ~ Page 8 of 10 Self Analysis of P.2: Agenda Item No. 9H October 24, 2006 Page 13 of 57 As noted before, a satellite County Attorney Office with a staff of three strong attorneys, Jeffrey Klatzkow, Marjorie M. Student-Stirling, Jeff Wright (until recently Steve Griffin) and support staff dedicated to the Community Development and Environmental Services Division assists the Board and County Manager in achieving their objective in improving the county's ability to manage and respond to land use related projects and queries. Many attorneys in the office have been integrally involved in most aspects of the Growth Management issues and projects (Le, attorney workshops, EAR, Eastern Lands & Rural Fringe, Growth Management Plan, Land Development Code. Transportation Concurrency issues, Transfer of Development Rights, Community Redevelopment Agencies, and Overlays) worked on in the County Manager agency, Beyond the three attorneys mentioned above, others such as the County Attorney, Chief Assistant County Attorney Michael Pettit, Assistant County Attorneys Thomas Palmer, Jacqueline Hubbard and Colleen Greene have been involved in projects ranging from high profile land use issues such as variances, conditional uses, Bert Harris Act claims such as Van-Dev, Cocohatchee, etc., and boat speed regulation on Naples Bay. and the long-running Pelican Bay annexation venture with its issues ranging from reclaimed water to fire district service. In each of these areas, the County Attorney Office attorneys and support staff have ably and timely assisted the County Manager, his Division Administrators and the Board members with the legal advice that should provide confidence and assurance in the County Attorney Office. The foregoing information and our extensive Ethics and Sunshine Law work discussed earlier are illustrative that the County Attorney has been an integral part of the County Strategic Goal to Rebuild and Maintain Public Trust. P.3 The County Attorney will assure that employees are provided performance expectations and performance evaluations that are designed to enhance performance. Self Analysis of P.3: Cl Provide encouragement, guidance and direction to subordinates with regard to their development and improvement. Coaching, counseling and helping employees overcome job problems and develop career plans. Cl Assess performance strengths and deficiencies, encourage and reward employees and/or exercise appropriate discipline. 2- Action Plans are developed with staff and annual evaluations are done in late summer annually. In addition to these annual performance evaluations, meetings with each of my employees are scheduled up to three separate times per year to give and receive feedback from staff and to assure that there is a mutual understanding of expectations, From these meetings, employees receive coaching and/or counseling to assist them in achieving their performance of goals and professional development. I also maintain an open door policy and encourage people to share suggestions. ideas and concerns, The fresh ideas for innovative change and ongoing dialogue assist me in striving to improve efficiencies. morale. and effectiveness of the office. P.4 The County Attorney will assure that qualified applicants are recruited and selected to provide the Board with superior legal advice and representation. Cl Understanding of effective interviewing techniques Cl Thorough awareness of organizational needs and desires Cl Knowledge of market conditions relating to compensation and benefit packages z Page 9 ofl 0 Agenda Item No. 9H October 24, 2006 Page 14 of 57 Self Analysis of P .4: Standards are set high through job descriptions to ensure that the most qualified applicants are recruited and selected. This office has maintained a very good record on applicant recruitment, selection and retention. Currently within the office there are two (2) Board Certified Florida Local Government Law Attorneys, three (3) Certified Legal Assistants and two (2) legal assistants who were attorneys in other jurisdictions. P.5 The County Attorney will assure that training is provided to all staff to assure that the Board is being provided with the best legal advice and representation possible. I:l Encourage employees to attend training to better enhance knowledge and skills o Periodic in-house training for updates and uniformity of legal performance by staff ~ Self Analysis of P ,5: In-house training sessions are held periodically to keep staff current on new legislation, ordinances, practices, and technological advances. All employees within the office are encouraged to attend training classes provided by the Human Resources Department that will enhance their knowledge and skills, Requests are usually granted, Some employees are required to attend such classes if the need arises. Attorneys and legal assistants also participate in professional and Florida Bar seminars in their respective areas of practice. The Florida Association of County Attorneys information - hot topics Web list assists us with research, legislative issues affecting counties and legal opinions. Marjorie Student-Stirling is a frequent lecturer on land use matters at Florida Bar seminars throughout the state. 04-COA-OI 01 61473 Page 10 of 10 Agenda Item No. 9H October 24, 2006 Page 15 of 57 DAVID WEIGEL L.2 It is difficult to determine how effectively in-house staff and outside counsel have been utilized except that most tasks have been successfully completed. Additional monitoring of outside counsel could result in reduced delays and, perhaps, cost-savings. L.3 JeffKlatzkow has been exceptional in assisting Commissioners and staff in the analysis and proposed revisions to the State Growth Management Law. Aside from Jeffs efforts, the legal staffhas not been adequately proactive in supporting the majority of Commissioners. C.l More proactive involvement is needed in recommending methods or legislative changes that would reduce legal fees in land takings and other costs in procurement processes. P.3,4,5 These evaluation criteria relate to internal management procedures (evaluations, employee interviews and training) which Commissioners do not routinely see. The only way a rating can be provided is based upon the overall performance evaluation of "Meets Standards". GENERAL RECOMMENDATION Review these rating criteria to determine if new criteria can be developed for next year which will focus more specifically upon precise goals and objectives that Commissioners can measure. .'J .--=..:::;) ::-JI ,~. ~.... : - r..,) '1 L -u --i C ~ -< r" D !> ;,--/ ~- ""'0 -I -r ::l~ '-~ ..- - ::"'T.J -' -- --;7 ~ .. ""-- ['T f',;> ,.......... Ul < MEMORANDUM Agenda Item No, 9H /:f!-gber 24,2006 ". pe~6 of 57 .', . If#' i..~' .,'" ~ , t~j.": 1"1'f) "C':'!t;" v: i:',~ :;; ,', .}:~;~l: ':' /.. " ' '....1.. ..'.... TO: Commissioner Frank Halas, Chairman, District 2 Commissioner James N. Coletta, Vice-Chairman, District 5 Commissioner Donna Fiala, District 1 ./' Commissioner Tom Henning, District 3 Commissioner Fred W, Coyle, District 4 '....-'llf..;-;~ , . --' .- .'. DATE: David C. Weigel, County Attorney J2 (?)r- September 6, 2006 , " FROM: ---IT :.-~~~'l (. - 1. ,1 ,- ,-~. RE: FY 05 / 06 Appraisal ~-;.:l -..:, ==-:7 : :;: 0.- _~ I ..... I' l"':' u1 As directed by the Board last year, it is time now for the Board to evaluate the County Attorney / County Attorney Office for performance since last September. Attached you will find my FY 05 /06 Action Plan with Performance Review Measures. The standards for rating your appraisals are listed on the first page of the Action Plan document. My self analysis comments are included for your reference and review. In order to meet published agenda deadline, I would appreciate it if you would please return your graded packets to me by 10:00 a,m., Tuesday, September 19th, so that I may consolidate the ratings for presentation at the September 26, 2006 Board of County Commissioners meeting. If it is not practical or convenient to finish the evaluation rating by then, and you provide them to me prior to Tuesday, September 26th, your ratings, comments and averaged ratings will be provided at the September 26th Board meeting. I will be available to meet with each of you individually to discuss any questions, comments or suggestions, if you desire, or feel free to provide me any comments or suggestions by individual note or memo. Although there are several specific categories and subcategories for review/rating, I hope, above all, that your view of the competency, integrity, willing attitude to assist in a solution- oriented manner and your confidence in the County Attorney/County Attorney Office is assured. If you should have any questions about this appraisal task or wish to meet with me, please contact me at your convenience. Respectfully submitted. DCW/dda Attachment 04-COA-O 1016/488 Agenda Item No. 9H October 24,2006 Page 17 of 57 FY 2005 / 2006 Action Plan David C. Weigel, County Attorney The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. He is to act as legal advisor and counsel for the Board of County Commissioners, advisory boards and committees. County Manager and his agencies. The County Attorney through the assistant county attorneys and supporting staff represent the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury. property damage, workplace I personnel matters, finance and land use. The County Attorney is responsible for policy documents (resolutions), legislation (ordinances and special acts). and the drafting or legal review and/or revision of all contracts, real property conveyance documents and other Board signatory documents. The following Action Plan was developed to illustrate and review Board expectations for the County Attorney for the period from October 2005 through September 2006. The A,ction Plan is based on the broad areas generally expected to be performed by the Managing Partner of a significant law firm. including: legal advice; leadership I organizational direction; communications, public response and outreach; fiscal management; and personnel management. At the conclusion of the fiscal year. the Board of County Commissioners is to perform an annual evaluation of the County Attorney's performance by rating each of the following performance objectives on a 1 to 3 scale. The simplified evaluation rating scale is as follows: [1 - Below Standards: 2 - Meets Standards; 3 - Exceeds Standards]. Individual evaluations will be totaled and averaged to determine the Board's collective evaluation position. Thank you for your time and consideration in this regard. David Weiqe/'s Self Analvsis Provided Here Page 1 of 10 LEGAL ADVICE L,1 The County Attorney will provide effective advice. and assure timely responses to both written and oral questions from the Board of County Commissioners. County Manager. his agencies and employees. Self Analysis of L.1 : Agenda Item No, 9H October 24,2006 Page 18 of 57 MEASURES Ratlno IIr Communication skills (written and oral) are effective. clear and concise !if Responsive to questions IW" Advice demonstrates that the issues have been thoroughly analyzed ij( Advice and ideas are solution-oriented 2- 2... -L. All attomeys have been tasked with and have succeeded in consistently communicating in a more effective and clear manner. The County Attorney and Chief Assistant County Attorney proactively met with all Division Administrators and certain key Department Directors to ensure that they were receiving timely responses to all requests, whether oral or written. Assistant County Attorney William Mountford has assisted in the development of the Accident Prevention/Liability Reduction Program administered by the Risk Management Department. This has also assisted in communications being made to the attorneys earlier, rather than later, of problems or issues so the attorneys can work with staff in finding solutions to achieve goals, There have bfilen over 1,700 Requests for Legal Services processed from October 1, 2005 through the second week in August, 2006. This does not include telephone calls received to ask "a quick question" or to respond to a public records question, It also does not include time spent in attending scheduled meetings or assisting a department person who drops by the office unexpectedly. When three employees departed at the Horseshoe branch, the County Attorney used that event as an opportunity to enhance services to Community Development staff and the Board through the reallocation of other experienced staff members. This was accomplished through a quickly executed hiring process and innovational management chain of command, Assistant County Attorney Scott R. Teach has provided effective advice and extensive assistance to staff with regard to EMS union contract negotiations. L.2 The County Attorney will assure that the County is provided the best possible representation in all litigation matters. 'If Best utilization of in-house and outside counsel sf" Effective selection of outside counsell expertise in specialized fields r Well chosen litigation communication techniques, e.g. pUblic meetings, shade meetings, written and spoken communiques ~-. 1- 4. Page 2 of 10 Agenda Item No. 9H October 24, 2006 Page 19 of 57 Self Analysis of L.2: In the Naples boat speed case, great attention was given to the preparation and presentation in all phases of discovery and hearings by Assistant County Attorneys Jeffrey A. Klatzkow and Colleen M. Greene. County Attorney Office has worked well with the charter boat captains in this case, The County Attorney Office has very effectively represented the Board and County Manager interests in major former employee litigation and cases where in some instances County employees have been sued individually or where an individual Board member has been named as a defendant, the selection of outside counsel has been determined by Commissioner choice, County Attorney Office has carefully utilized shade meetings to communicate settlement offers and discuss litigation strategy with the Board. Assistant County Attorneys Heidi F. Ashton and Ellen T. Chadwell have processed many eminent domain lawsuits to assist staff in acquiring necessary easements for roadway projects and properties for well fields. These attorneys and their staff have worked quickly and efficiently to assure the county and the citizens receive fair and equitable results. Assistant County Attorney William E. Mountford has worked diligently with the Risk Management Department to defend the County when claims are made, either through litigation or pre-litigation processes. He and his staff have set up procedures to ensure that cases proceed smoothly, efficiently and effectively. L.3 The County Attomey services to Board/County Manager re: County legislative needs and concerns, ~ Assists the Board/County Manager with advice, review and writing of legislative initiatives and bills; participation and interaction with local legislators / legislative delegation. ~' Assists the Board in Florida Association of Counties (FAC) matters; attends FAC meetings and actively interacts with FAC officials, including developing Tallahassee and around-the-state contacts; and working well with counsel to FAC. "2...5 Z-l~ .J Self Analysis of L.3: This past year, the County Attorney Office has most effectively assisted and coordinated with the Board, individual Commissioners, the County Manager and his assigned legislative staff with the many difficult issues facing county government generally and Collier County specifically. The County Attorney has shown great ability to seek out legislative personnel at the elective and appointed levels, formulate questions and answers to better assist the Board in pressing Board issues with legislators and state departments such as the Department of Community Affairs, Assistant County Attorney Jeff Klatzkow and the County Attorney have worked closely with Board members and FAC to help achieve the best results possible, County Attorney personnel have always been available and enthusiastic to assist Board members and County Manager staff traveling to multiple hearings across the State and the numerous trips to Tallahassee. The County Attorney prides himself in strong working relationships with our legislative delegation, their aides, and the officers of the Florida Association of Counties as well as the Florida Association of County Attorneys, Such relationships built over time with effort and courteous interaction has and will assist this Board and the County Manager with ongoing and new legislative issues and desires. Page 3 of 10 Agenda Item No. 9H October 24, 2006 Page 20 of 57 L.4 The County Attorney shall advise the Board or its members to make Attorney General Opinion requests, or Commission on Ethics opinion requests, and inform the Board of pertinent opinions and case law. The County Attorney shall be evaluated for opinions provided relating to Chapter 112, Part III. Florida Statutes and the Collier County Ethics Ordinance. III Communication skills (written and oral) are effective, clear and concise ~ Responsive to questions Il' Advice demonstrates that the issues have been thoroughly analyzed IIY Provides creative and proactive responses (solution-oriented advice), if possible ~ L "2- L- Self Analysis of L.4: The County Attorney and Assistant County Attorney Marjorie Student-Stirling have acted upon the request of the Chairman and the Board for legal opinions citing case law to assist the Board in its land-use decision making. Additionally, the County Attorney has provided a/l Commissioners and other County personnel with a handy custom reference booklet that clearly states the criteria required for Board land-use decisions (Le., zoning, PUD's, conditional uses and variances) with an accompanying explanation of case law authority for Board decision making regarding variances, The object of these measures by the County Attorney has been to simplify and clarify the Board's decisions for the Board's sake and further strengthen the record of the Board's decision in case of any appeal. The County Attorney and key staff attorneys have worked closely with Board members in providing answers to legal questions and providing counsel based upon critical analysis and experience in subject areas. The County Attorney and Chief Assistant County Attorney have vigorously continued the County Attorney's program of educating advisory committees, staff liaisons, and the public on the Government-in-the-Sunshine law, the Public Records Act, and state and local ethics laws, The Chief Assistant County Attorney continues to attend ethics seminars and also work with Ethics Commission staff attorneys to provide opinions on ethics issues. COMMUNICATION, PUBLIC RESPONSE & MEASURES Rating OUTREACH C.1 (Internal) The County Attorney will be J/ Provide interim workshops I seminars to L.$' expected to educate and update county staff to county staff covering work-related issues reduce creation of legal issues and lawsuits in ti to reduce county liability the workplace and from work as performed Proactive review of division I department Z-, d(' policies and suggest possible updates. Maintain open lines of communication with County Manager, Division 2_... S Administrators, and Department Directors Page 4 of 10 Self Analysis of C.1: Agenda Item No. 9H October 24, 2006 Page 21 of 57 The County Attorney continues a proactive, preventative, educative approach to assist in reducing the number of legal issue and lawsuits in the workplace, Chief Assistant County Attorney Michael Pettit and I continue to devote numerous hours educating employees on the do's and don'ts of the Ethics Ordinance and County Manager policies, Sunshine Law, Public Records Law, and Ethics policies. This educational, advisory practice is designed to reduce or eliminate questions and problems that might otherwise arise in the workplace. The County's record for public records production and avoidance of Sunshine Law problems speaks well to the County Attorney's efforts and the practices of the County staff pursuant to the education and advice of counsel. This past year has seen more voluminous and complicated public records requests than ever before yet the County has performed well. This push shall continue in the area of Public Records maintenance and responding to public records requests, some of which are extensive, complex and require search and production from several departments, Board records, and other diverse locations including archived materials. As the County Manager staff further develops positions, operations and procedures relating to public records requests, retrieval and records retention policies, the County Attorney shall continue 10 assist to achieve responsive and efficienl government service in the public records arena. County Attorney Office has worked with the Human Resources Department to update the policies and procedures manual. Assistant County Attorneys periodically meet with and train department staff on procedures that will assist them to more effectively perform their job functions and reduce legal risks and/or county liability and to assure that they are aware of current laws or rules in their assigned areas, The Chief Assistant County Attorney has also continued specific training for project managers in the construction area to assist them in identifying and avoiding construction claims and disputes. C.2 (Internal) The County Attorney will be expected to regularly communicate with the County Manager, his Division Administrators and Department Directors, and the Constitutional Officers to better ensure that operations between these agencies and the Board of County Commissioners are effectively coordinated. Self Analysis of C.2: lIr' Provide responsive and solution-oriented advice to questions or issues that arise or have the potential of arising g Maintain effective working relationships with County Manager staff and Constitutional Officers l.... <.-.. The County Attorney and/or Chief Assistant County Attorney continue to attend the County Manager Division staff meetings in an effort to maintain efficient, effective working relationships and be aware of any issues thaI may be on the horizon. The County Attorney and various Assistant County Attorneys also attend the Department Directors' meetings of the Transportation, Utilities, and Community Development and Environmental Services Divisions. Additionally, the County Attorney and the Chief Assistant County Attorney have met during the year with all division administrations, the Airport Authority Director, and the County Manager. Assistant County Attorneys routinely meet with assigned department directors in an effort to proactively assure that needs are being met. C.3 (External) The County Attorney will be expected to provide information to the public through public speaking engagements, seminars, print and electronic media. riI Communication skills (written and oral) are effective, clear and concise IZI' County Attorney I attorneys available to attend meetings day or night at offices or out in the community as requested. Helpful; effective Z- '-- Page 5 of 10 Agenda Item No, 9H October 24,2006 Page 22 of 57 Self Analysis of C.3: The County Attorney and Assistant County Attorneys have attended various neighborhood meetings with staff or commissioners, evening meetings of advisory committees, and town hall meetings scheduled by commissioners. The County Attorney is still involved as an officer with the Florida Association of County Attorneys and accepts invitations to speak at meetings of local organizations. Also, Assistant County Attorney Marjorie M. Student-Stirling continues to accept invitations to provide lectures at land use seminars for attorneys. C.4 The County Attorney will be expected to administer the office to assure that the general public is responded to in a timely and accurate manner. V Ability to communicate effectively, tactfully, and courteously ~ Responsive to questions 2.S; 1-. Self Analysis of C.4: The following is the essence of the talk I gave speaking to the Immokalee Rotary Luncheon in June 2006: Timely, helpful response to the public is a high priority within the office. We have established a good record and reputation for providing prompt, courteous, responses to questions and issues that arise from the public sector relating to county matters. The office is significantly involved in assisting Board and County Manager Office public records requests and is very cognizant of the duty to work with the appropriate departments to provide prompt, accurate responses. This is an area where I believe that County Attorney staff shines by expeditiously communicating with the requestor and the offices affected by such requests, completing the projects and exceeding expectations, The appreciative e-mails, etc. far exceed the critical comment. Additionally, when our office receives a call or visit from a member of the public where our office is not the correct office, it is my policy for our attorneys and support staff to assist the caller with the way to obtain the answer or make a call for the public to assist in some way even if our office isn't in a position to answer, and certainly not provide client-type legal advice, It's a type of public relation that can change the bad mood of someone who's gotten "the runaround" contacting government offices. FISCAL MANAGEMENT MEASURES Rating F.1 The County Attorney will develop an ~ Compile and analyze financial, ~ _.S annual budget for the Office of the County budgetary, and statistical data and Attorney that will be presented to the Board of present a realistic, cost effective budget County Commissioners for review and approval ISY Ability to prepare an annual pay plan for '"-- through the budget process developed by the the Office of the County Attorney County Manager. Page 6 of 10 Self Analysis of F .1 : Agenda Item No. 9H October 24, 2006 Page 23 of 57 Fiscal responsibility and well-analyzed, cost-effective budgets have been a bulwark of the County Attorney for many years, Increases are requested only when the ever-increasing level of legal demands dictate additional resources, The goal is to provide the Board with the most efficient, effective legal representation possible. The arrangements made with the Clerk and Judge have saved tremendous expenses, clerical time and court time in eminent domain cases. We do more with less when we can, and achieve efficiency along the way. Except where state mandates have required budgetary increases, the County Attorney Office has followed and met the Board's budget goals. F.2 The County Attorney will assure that the budget for the Office of the County Attorney is effectively administered and the Board is timely informed on any extraordinary matters arising throughout the year. Self Analysis of F.2: U" Prudent administration of County Attorney Office budget; fiscally responsible ~ Communicate in a prompt, timely manner any extraordinary issues that arise during the fiscal year. ~. 1..... My record indicates my conservative approach to administration of the County Attorney's budget. Increases are sought only in extraordinary circumstances, and then only when all other avenues have been exhausted. I've developed a significant revenue component to the office budget. When worthy issues or matters I deem necessary to inform the client arise, J communicate with the Board either during the board meeting or individually, as appropriate, F.3 The County Attorney will assure that bond issues and other financing matters of a legal nature are coordinated through the County Manager. Clerk, Financial Advisor, Bond Counsel, and Disclosure Counsel (the "players"). Self Analysis of F .3: lit' Responsive to questions of the "players" <:. ~ Performance demonstrates that the issues have been thoroughly analyzed "< (bond issues) iJ(' Demonstrates a comprehensive understanding of bond issues and related <- financing matters (advises and assists Board/Chainnan, as appropriately in transactions and closings) The financing issues that come to this office are responded to and handled in a coordinated manner with all participants (Clerk, Financial Advisor, Bond Counsel, Disclosure Counsel and county staff). An attorney in this office also attends and participates in the Finance Committee meetings. The County Attorney reviews and provides document revision comments to Bond Counsel, provides a County Attorney opinion letter for all bond issues. The County's fiscal and financing transactions in this area have been successful, routine and legally proficient. It's either done right or it's wrong, We do it right. Page 7 of 10 LEADERSHIP f PERSONNEL MANAGEMENT P.1 The County Attorney will assure that there are clear goals and objectives established and that they are effectively communicated throughout the County Attorney Office. Self Analysis of P ,1 : Agenda Item No. 9H October 24, 2006 Page 24 of 57 MEASURES Rating g"" Planning & organization: establish goals and priorities, analyze and evaluate organizational effectiveness and make sound decisions. ~ Application of management techniques to ensure compliance with organizational policies and directives, to control quality, quantity, time and costs. ~ 2... County Attorney continues to hold biweekly office staff meetings to review agenda materials and prepare for Board meetings, share legal news and views and make new office assignments in a group setting, where appropriate, Project and departmental assignments are made pursuant to the particular aptitude, interest and expertise of each attorney. "High profile" assignments are made upon particular requests of the client (Board, County Manager, Division Administrators, etc,) and/or by the County Attorney or Chief Assistant, who retain a "monitoring"/advisoral position of the assistant county attorneys, as appropriate. Time Sheet and other administrative review techniques are applied to determine work demands, fairness in assignment and timely response to Board and departmental legal requests. This year, after the departure of two Assistant County Attorneys and a legal assistant to the private sector, the challenge to meet ongoing and future CDES assignments with appropriate expertise was met with success, The creation of the Managing Assistant County Attorney position with Jeffrey Klatzkow at the helm and the successful hire of Assistant County Attorney Jeff Wright provided the land use attorney/support staff operation of the County Attorney Office to function more successfully with a higher level of service and a shorter response time. P.2 The goals of the Board of County Commissioners and County Manager are effectively understood and proper assistance is provided by the County Attorney Office in pursuit of said goals. lit' Application of management techniques to assure effective assistance to respective clients. a( Guide and direct staff to maximize legal resources with client needs. <-. ~ Page 8 of 10 Self Analysis of P.2: Agenda Item No. 9H October 24, 2006 Page 25 of 57 As noted before, a satellite County Attorney Office with a staff of three strong attorneys, Jeffrey Klatzkow. Marjorie M. Student-Stirling, Jeff Wright (until recently Steve Griffin) and support staff dedicated to the Community Development and Environmental Services Division assists the Board and County Manager in achieving their objective in improving the county's ability to manage and respond to land use related projects and queries. Many attorneys in the office have been integrally involved in most aspects of the Growth Management issues and projects (i.e. attorney workshops, EAR, Eastern Lands & Rural Fringe, Growth Management Plan, Land Development Code, Transportation Concurrency issues, Transfer of Development Rights, Community Redevelopment Agencies, and Overlays) worked on in the County Manager agency. Beyond the three attorneys mentioned above, others such as the County Attorney, Chief Assistant County Attorney Michael Pettit, Assistant County Attorneys Thomas Palmer, Jacqueline Hubbard and Colleen Greene have been involved in projects ranging from high profile land use issues such as variances, conditional uses, Bert Harris Act claims such as Van-Dev, Cocohatchee, etc., and boat speed regulation on Naples Bay, and the long-running Pelican Bay annexation venture with its issues ranging from reclaimed water to fire district service. In each of these areas, the County Attorney Office attorneys and support staff have ably and timely assisted the County Manager, his Division Administrators and the Board members with the legal advice that should provide confidence and assurance in the County Attorney Office. The foregoing information and our extensive Ethics and Sunshine Law work discussed earlier are illustrative that the County Attorney has been an integral part of the County Strategic Goal to Rebuild and Maintain Public Trust. P.3 The County Attorney will assure that employees are provided performance expectations and performance evaluations that are designed to enhance performance. Self Analysis of P ,3: ~ Provide encouragement, guidance and direction to subordinates with regard to their development and improvement. Coaching, counseling and helping employees overcome job problems and develop career plans. !if'" Assess performance strengths and deficiencies, encourage and reward employees and/or exercise appropriate discipline. '- 2-.. Action Plans are developed with staff and annual evaluations are done in late summer annually. In addition to these annual performance evaluations. meetings with each of my employees are scheduled up to three separate times per year to give and receive feedback from staff and to assure that there is a mutual understanding of expectations. From these meetings, employees receive coaching and/or counseling to assist them in achieving their performance of goals and professional development. I also maintain an open door policy and encourage people to share suggestions. ideas and concerns. The fresh ideas for innovative change and ongoing dialogue assist me in striving to improve efficiencies, morale, and effectiveness of the office. P ,4 The County Attorney will assure that qualified applicants are recruited and selected to provide the Board with superior legal advice and representation. U Understanding of effective interviewing techniques IJ:{ Thorough awareness of organizational needs and desires Id" Knowledge of market conditions relating to compensation and benefit packCMJes Page 9 of 10 2.. 2. '-- Agenda Item No. 9H October 24,2006 Page 26 of 57 Self Analysis of P .4: Standards are set high through job descriptions to ensure that the most qualified applicants are recruited and selected, This office has maintained a very good record on applicant recruitment, selection and retention, Currently within the office there are two (2) Board Certified Florida Local Government Law Attorneys, three (3) Certified Legal Assistants and two (2) legal assistants who were attorneys in other jurisdictions. P.5 The County Attorney will assure that training is provided to all staff to assure that the Board is being provided with the best legal rI advice and representation possible. Q" Encourage employees to attend training to better enhance knowledge and skills Periodic in-house training for updates and uniformity of legal performance by staff cL 2-_ Self Analysis of P.5: In-house training sessions are held periodically to keep staff current on new legislation, ordinances, practices, and technological advances. All employees within the office are encouraged to attend training classes provided by the Human Resources Department that will enhance their knowledge and skills. Requests are usually granted. Some employees are required to attend such classes if the need arises. Attorneys and legal assistants also participate in professional and Florida Bar seminars in their respective areas of practice. The Florida Association of County Attorneys information - hot topics Web list assists us with research, legislative issues affecting counties and legal opinions. Marjorie Student-Stirling is a frequent lecturer on land use matters at Florida Bar seminars throughout the state. 04-COA-Ol0161473 Page 10 of 10 ~enda Item No. 9H '''i' ~cJo,b~r 24, 2006 '. PalgE~}~pf 57 , " .' ;. ........ ,'" . ' '.... .~ . 1'.,.; MEMORANDUM TO: Commissioner Frank Halas, Chairman, District 2 Commissioner James N. Coletta, Vice-Chairman, District 5 Commissioner Donna Fiala, District 1 Commissioner Tom Henning, District 3 /' Commissioner Fred W. Coyle, District 4 :'~. " ...) ::> FROM: ~.,. .-.....) DATE: David C. Weigel, County Attorney ~ September 6, 2006 RE: FY 05/06 Appraisal As directed by the Board last year, it is time now for the Board to evaluate the County Attorney / County Attorney Office for performance since last September. Attached you will find my FY 05 /06 Action Plan with Performance Review Measures. The standards for rating your appraisals are listed on the first page of the Action Plan document. My self analysis comments are included for your reference and review. In order to meet published agenda deadline, I would appreciate it if you would please return your graded packets to me by 10:00 a.m., Tuesday, September 19th, so that I may consolidate the ratings for presentation at the September 26, 2006 Board of County Commissioners meeting. If it is not practical or convenient to finish the evaluation rating by then, and you provide them to me prior to Tuesday, September 26th, your ratings, comments and averaged ratings will be provided at the September 26th Board meeting. I will be available to meet with each of you individually to discuss any questions, comments or suggestions, if you desire, or feel free to provide me any comments or suggestions by individual note or memo. Although there are several specific categories and subcategories for review/rating, I hope, above all, that your view of the competency, integrity, willing attitude to assist in a solution- oriented manner and your confidence in the County Attorney/County Attorney Office is assured. If you should have any questions about this appraisal task or wish to meet with me, please contact me at your convenience. Respectfully submitted. DCW /dda Attachment 04-COA-OJ016/488 . . ....:,:~. , __ I ;=- -..r<. rr'. .~_':i -~--'-:: " ---1 -', c).._ -.,..., --. ~~F~' w Agenda Item No. 9H October 24, 2006 Page 28 of 57 FY 2005 / 2006 Action Plan David C. Weigel, County Attorney The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. He is to act as legal advisor and counsel for the Board of County Commissioners, advisory boards and committees, County Manager and his agencies. The County Attorney through the assistant county attorneys and supporting staff represent the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury, property damage, workplace / personnel matters, finance and land use. The County Attorney is responsible for policy documents (resolutions), legislation (ordinances and special acts), and the drafting or legal review and/or revision of all contracts, real property conveyance documents and other Board signatory documents. The following Action Plan was developed to illustrate and review Board expectations for the County Attorney for the period from October 2005 through September 2006. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a significant law firm, including: legal advice; leadership / organizational direction; communications, public response and outreach; fiscal management; and personnel management. At the conclusion of the fiscal year, the Board of County Commissioners is to perform an annual evaluation of the County Attorney's performance by rating each of the following performance objectives on a 1 to 3 scale. The simplified evaluation rating scale is as follows: [1 - Below Standards; 2 - Meets Standards; 3 - Exceeds Standards]. Individual evaluations will be totaled and averaged to determine the Board's collective evaluation position. Thank you for your time and consideration in this regard. David Weiael's Self Analvsis Provided Here Page 1 of 10 LEGAL ADVICE L.1 The County Attorney will provide effective advice. and assure timely responses to both written and oral questions from the Board of County Commissioners, County Manager, his agencies and employees. Self Analysis of L.1 : Agenda Item No, 9H October 24, 2006 Page 29 of 57 MEASURES Rating CJ Communication skills (written and oral) are effective, clear and concise CJ Responsive to questions CJ Advice demonstrates that the issues have been thoroughly analyzed o Advice and ideas are solution-oriented 3 All attorneys have been tasked with and have succeeded in consistently communicating in a more effective and clear manner. The County Attorney and Chief Assistant County Attorney proactively met with all Division Administrators and certain key Department Directors to ensure that they were receiving timely responses to all requests, whether oral or written. Assistant County Attorney William Mountford has assisted in the development of the Accident Prevention/Liability Reduction Program administered by the Risk Management Department. This has also assisted in communications being made to the attorneys earlier, rather than later, of problems or issues so the attorneys can work with staff in finding solutions to achieve goals. There have been over 1,700 Requests for Legal Services processed from October 1, 2005 through the second week in August, 2006, This does not include telephone calls received to ask "a quick question" or to respond to a public records question. It also does not include time spent in attending scheduled meetings or assisting a department person who drops by the office unexpectedly, When three employees departed at the Horseshoe branch, the County Attorney used that event as an opportunity to enhance services to Community Development staff and the Board through the reallocation of other experienced staff members. This was accomplished through a quickly executed hiring process and innovational management chain of command. Assistant County Attorney Scott R. Teach has provided effective advice and extensive assistance to staff with regard to EMS union contract negotiations, L.2 The County Attorney will assure that the County is provided the best possible representation in aU litigation matters. CJ Best utilization of in-house and outside counsel IJ Effective selection of outside counsell expertise in specialized fields IJ Well chosen litigation communication techniques, e.g. public meetings, shade meetings, written and spoken communiques 3 Page 2oflO Agenda Item No, 9H October 24, 2006 Page 30 of 57 Self Analysis of L.2: In the Naples boat speed case. great attention was given to the preparation and presentation in all phases of discovery and hearings by Assistant County Attorneys Jeffrey A. Klatzkow and Colleen M. Greene. County Attorney Office has worked well with the charter boat captains in this case. The County Attorney Office has very effectively represented the Board and County Manager interests in major former employee litigation and cases where in some instances County employees have been sued individually or where an individual Board member has been named as a defendant, the selection of outside counsel has been determined by Commissioner choice. County Attorney Office has carefully utilized shade meetings to communicate settlement offers and discuss litigation strategy with the Board. Assistant County Attorneys Heidi F. Ashton and Ellen T. Chadwell have processed many eminent domain lawsuits to assist staff in acquiring necessary easements for roadway projects and properties for well fields, These attorneys and their staff have worked quickly and efficiently to assure the county and the citizens receive fair and equitable results. Assistant County Attorney William E. Mountford has worked diligently with the Risk Management Department to defend the County when claims are made. either through litigation or pre-litigation processes. He and his staff have set up procedures to ensure that cases proceed smoothly. efficiently and effectively. L.3 The County Attorney services to Board/County Manager re: County legislative needs and concerns. tJ Assists the Board/County Manager with advice. review and writing of legislative initiatives and bills; participation and interaction with local legislators I legislative delegation. 13 tJ Assists the Board in Florida Association of Counties (FAC) matters; attends FAC meetings and actively interacts with FAC officials, including developing Tallahassee and around-the-state contacts; and working well with counsel to FAC. Self Analysis of L.3: This past year, the County Attorney Office has most effectively assisted and coordinated with the Board, individual Commissioners, the County Manager and his assigned legislative staff with the many difficult issues facing county government generally and Collier County specifically. The County Attorney has shown great ability to seek out legislative personnel at the elective and appointed levels, formulate questions and answers to better assist the Board in pressing Board issues with legislators and state departments such as the Department of Community Affairs. Assistant County Attorney Jeff Klatzkow and the County Attorney have worked closely with Board members and FAC to help achieve the best results possible. County Attorney personnel have always been available and enthusiastic to assist Board members and County Manager staff traveling to multiple hearings across the State and the numerous trips to Tallahassee. The County Attorney prides himself in strong working relationships with our legislative delegation, their aides, and the officers of the Florida Association of Counties as well as the Florida Association of County Attorneys, Such relationships built over time with effort and courteous interaction has and will assist this Board and the County Manager with ongoing and new legislative issues and desires. Page 3 of 10 L.4 The County Attorney shall advise the Board or its members to make Attorney General Opinion requests, or Commission on Ethics opinion requests, and inform the Board of pertinent opinions and case law. The County Attorney shall be evaluated for opinions provided relating to Chapter 112, Part III, Florida Statutes and the Collier County Ethics Ordinance. Self Analysis of LA: Agenda Item No. 9H October 24, 2006 Page 31 of 57 CJ Communication skills (written and oral) are effective, clear and concise CJ Responsive to questions CJ Advice demonstrates that the issues have been thoroughly analyzed CJ Provides creative and proactive responses (solution-oriented advice), if possible J The County Attorney and Assistant County Attorney Marjorie Student-Stirling have acted upon the request of the Chairman and the Board for legal opinions citing case law to assist the Board in its land-use decision making. Additionally, the County Attorney has provided all Commissioners and other County personnel with a handy custom reference booklet that clearly states the criteria required for Board land-use decisions (Le., zoning, PUD's, conditional uses and variances) with an accompanying explanation of case law authority for Board decision making regarding variances, The object of these measures by the County Attorney has been to simplify and clarify the Board's decisions for the Board's sake and further strengthen the record of the Board's decision in case of any appeal. The County Attorney and key staff attorneys have worked closely with Board members in providing answers to legal questions and providing counsel based upon critical analysis and experience in subject areas. The County Attorney and Chief Assistant County Attorney have vigorously continued the County Attorney's program of educating advisory committees. staff liaisons, and the public on the Government-in-the-Sunshine Law. the Public Records Act, and state and local ethics laws, The Chief Assistant County Attorney continues to attend ethics seminars and also work with Ethics Commission staff attorneys to provide opinions on ethics issues. COMMUNICATION, PUBLIC RESPONSE & OUTREACH C.1 (Internal) The County Attorney will be expected to educate and update county staff to reduce creation of legal issues and lawsuits in the workplace and from work as performed. MEASURES Rating D Provide interim workshops I seminars to county staff covering work-related issues to reduce county liability CJ Proactive review of division I department policies and suggest possible updates. D Maintain open lines of communication with County Manager, Division Administrators, and Department Directors Page 4 of 10 Self Analysis of C.1 : Agenda Item No. 9H October 24, 2006 Page 32 of 57 The County Attorney continues a proactive, preventative, educative approach to assist in reducing the number of legal issue and lawsuits in the workplace, Chief Assistant County Attorney Michael Pettit and I continue to devote numerous hours educating employees on the do's and don'ts of the Ethics Ordinance and County Manager policies, Sunshine Law, Public Records Law, and Ethics policies. This educational, advisory practice is designed to reduce or eliminate questions and problems that might otherwise arise in the workplace. The County's record for public records production and avoidance of Sunshine Law problems speaks well to the County Attorney's efforts and the practices of the County staff pursuant to the education and advice of counsel. This past year has seen more voluminous and complicated public records requests than ever before yet the County has performed well. This push shall continue in the area of Public Records maintenance and responding to public records requests, some of which are extensive, complex and require search and production from several departments, Board records, and other diverse locations including archived materials, As the County Manager staff further develops positions, operations and procedures relating to public records requests, retrieval and records retention policies, the County Attorney shall continue to assist to achieve responsive and efficient government service in the public records arena, County Attorney Office has worked with the Human Resources Department to update the policies and procedures manual. Assistant County Attomeys periodically meet with and train department staff on procedures that will assist them to more effectively perform their job functions and reduce legal risks and/or county liability and to assure that they are aware of current laws or rules in their assigned areas, The Chief Assistant County Attorney has also continued specific training for project managers in the construction area to assist them in identifying and avoiding construction claims and disputes. C.2 (Internal) The County Attorney will be expected to regularly communicate with the County Manager, his Division Administrators and Department Directors. and the Constitutional Officers to better ensure that operations between these agencies and the Board of County Commissioners are effectively coordinated. Self Analysis of C,2: o Provide responsive and solution-oriented advice to questions or issues that arise or have the potential of arising 3 o Maintain effective working relationships with County Manager staff and Constitutional Officers The County Attorney and/or Chief Assistant County Attorney continue to attend the County Manager Division staff meetings in an effort to maintain efficient, effective working relationships and be aware of any issues that may be on the horizon. The County Attorney and various Assistant County Attorneys also attend the Department Directors' meetings of the Transportation, Utilities, and Community Development and Environmental Services Divisions. Additionally, the County Attorney and the Chief Assistant County Attorney have met during the year with all division administrations, the Airport Authority Director, and the County Manager. Assistant County Attorneys routinely meet with assigned department directors in an effort to proactively assure that needs are being met. C.3 (External) The County Attorney will be expected to provide information to the public through public speaking engagements, seminars. print and electronic media. o Communication skills (written and oral) :J are effective. clear and concise o County Attorney I attorneys available to attend meetings day or night at offices or out in the community as requested. Heloful; effective Page 5 of 10 Agenda Item No. 9H October 24, 2006 Page 33 of 57 Self Analysis of C.3: The County Attorney and Assistant County Attorneys have attended various neighborhood meetings with staff or commissioners, evening meetings of advisory committees, and town hall meetings scheduled by commissioners, The County Attorney is still involved as an officer with the Florida Association of County Attorneys and accepts invitations to speak at meetings of local organizations, Also, Assistant County Attorney Marjorie M. Student-Stirling continues to accept invitations to provide lectures at land use seminars for attorneys. C.4 The County Attorney will be expected to administer the office to assure that the general public is responded to in a timely and accurate manner. a Ability to communicate effectively, tactfully, and courteously a Responsive to questions 3 Self Analysis of C.4: The following is the essence of the talk I gave speaking to the Immokalee Rotary Luncheon in June 2006: Timely, helpful response to the public is a high priority within the office, We have established a good record and reputation for providing prompt, courteous, responses to questions and issues that arise from the public sector relating to county matters. The office is significantly involved in assisting Board and County Manager Office public records requests and is very cognizant of the duty to work with the appropriate departments to provide prompt, accurate responses. This is an area where I believe that County Attorney staff shines by expeditiously communicating with the requestor and the offices affected by such requests, completing the projects and exceeding expectations. The appreciative e-mails, etc, far exceed the critical comment. Additionally, when our office receives a call or visit from a member of the public where our office is not the correct office, it is my policy for our attorneys and support staff to assist the caller with the way to obtain the answer or make a call for the public to assist in some way even if our office isn't in a position to answer, and certainly not provide client-type legal advice. It's a type of public relation that can change the bad mood of someone who's gotten "the runaround" contacting government offices. FISCAL MANAGEMENT MEASURES Rating F.1 The County Attorney will develop an a Compile and analyze financial, annual budget for the Office of the County budgetary, and statistical data and 3 Attorney that will be presented to the Board of present a realistic, cost effective budget County Commissioners for review and approval a Ability to prepare an annual pay plan for through the budget process developed by the the Office of the County Attorney County Manager. Page 6 of 10 Self Analysis of F ,1 : Agenda Item No. 9H October 24, 2006 Page 34 of 57 Fiscal responsibility and well-analyzed, cost-effective budgets have been a bulwark of the County Attorney for many years. Increases are requested only when the ever-increasing level of legal demands dictate additional resources. The goal is to provide the Board with the most efficient, effective legal representation possible. The arrangements made with the Clerk and Judge have saved tremendous expenses, clerical time and court time in eminent domain cases, We do more with less when we can, and achieve efficiency along the way. Except where state mandates have required budgetary increases, the County Attorney Office has followed and met the Board's budget goals. F.2 The County Attorney will assure that the budget for the Office of the County Attorney is effectively administered and the Board is timely informed on any extraordinary matters arising throughout the year. Self Analysis of F,2: Q Prudent administration of County Attorney Office budget; fiscally responsible Q Communicate in a prompt, timely manner any extraordinary issues that arise during the fiscal year. 2 My record indicates my conservative approach to administration of the County Attorney's budget. Increases are sought only in extraordinary circumstances, and then only when all other avenues have been exhausted. I've developed a significant revenue component to the office budget. When worthy issues or matters I deem necessary to inform the client arise. I communicate with the Board either during the board meeting or individually, as appropriate, F.3 The County Attorney will assure that bond issues and other financing matters of a legal nature are coordinated through the County Manager, Clerk, Financial Advisor, Bond Counsel, and Disclosure Counsel (the .players.). Self Analysis of F .3: Q Responsive to questions of the .players. Q Performance demonstrates that the issues have been thoroughly analyzed (bond issues) Q Demonstrates a comprehensive J understanding of bond issues and related financing matters (advises and assists Board/Chairman, as appropriately in transactions and closings) The financing issues that come to this office are responded to and handled in a coordinated manner with all participants (Clerk, Financial Advisor, Bond Counsel, Disclosure Counsel and county staff). An attorney in this office also attends and participates in the Finance Committee meetings, The County Attorney reviews and provides document revision comments to Bond Counsel, provides a County Attorney opinion letter for all bond issues. The County's fiscal and financing transactions in this area have been successful, routine and legally proficient. It's either done right or it's wrong. We do it right. Page 7 of 10 LEADERSHIP I PERSONNEL MANAGEMENT P.1 The County Attorney will assure that there are clear goals and objectives established and that they are effectively communicated throughout the County Attorney Office, Self Analysis of P,1: Agenda Item No. 9H October 24,2006 Page 35 of 57 MEASURES Rating CJ Planning & organization: establish goals and priorities, analyze and evaluate organizational effectiveness and make 2 sound decisions. Q Application of management techniques to ensure compliance with organizational policies and directives, to control quality, quantity, time and costs. County Attorney continues to hold biweekly office staff meetings to review agenda materials and prepare for Board meetings, share legal news and views and make new office assignments in a group setting, where appropriate, Project and departmental assignments are made pursuant to the particular aptitude, interest and expertise of each attorney, "High profile" assignments are made upon particular requests of the client (Board, County Manager, Division Administrators, etc.) and/or by the County Attorney or Chief Assistant, who retain a "monitoring"radvisorai position of the assistant county attorneys, as appropriate, Time Sheet and other administrative review techniques are applied to determine work demands, fairness in assignment and timely response to Board and departmental legal requests. This year. after the departure of two Assistant County Attorneys and a legal assistant to the private sector, the challenge to meet ongoing and future COES assignments with appropriate expertise was met with success. The creation of the Managing Assistant County Attorney position with Jeffrey Klatzkow at the helm and the successful hire of Assistant County Attorney Jeff Wright provided the land use attorney/support staff operation of the County Attorney Office to function more successfully with a higher level of service and a shorter response time. P.2 The goals of the Board of County Commissioners and County Manager are effectively understood and proper assistance is provided by the County Attorney Office in pursuit of said goals. o Application of management techniques to assure effective assistance to respective -5 clients. Q Guide and direct staff to maximize 'egal resources with client needs. Page 8 of 10 Agenda Item No. 9H October 24,2006 Page 36 of 57 Self Analysis of P ,2: As noted before, a satellite County Attorney Office with a staff of three strong attorneys, Jeffrey Klatzkow, Marjorie M. Student-Stirling, Jeff Wright (until recently Steve Griffin) and support staff dedicated to the Community Development and Environmental Services Division assists the Board and County Manager in achieving their objective in improving the county's ability to manage and respond to land use related projects and queries. Many attorneys in the office have been integrally involved in most aspects of the Growth Management issues and projects (Le. attorney workshops, EAR, Eastern Lands & Rural Fringe, Growth Management Plan, Land Development Code, Transportation Concurrency issues, Transfer of Development Rights, Community Redevelopment Agencies, and Overlays) worked on in the County Manager agency. Beyond the three attorneys mentioned above, others such as the County Attorney, Chief Assistant County Attorney Michael Pettit, Assistant County Attorneys Thomas Palmer, Jacqueline Hubbard and Colleen Greene have been involved in projects ranging from high profile land use issues such as variances, conditional uses, Bert Harris Act claims such as Van-Dev, Cocohatchee, etc" and boat speed regulation on Naples Bay, and the long-running Pelican Bay annexation venture with its issues ranging from reclaimed water to fire district service. In each of these areas, the County Attorney Office attorneys and support staff have ably and timely assisted the County Manager, his Division Administrators and the Board members with the legar advice that should provide confidence and assurance in the County Attorney Office. The foregoing information and our extensive Ethics and Sunshine Law work discussed earlier are illustrative that the County Attorney has been an integral part of the County Strategic Goal to Rebuild and Maintain Public Trust. P.3 The County Attorney will assure that employees are provided performance expectations and performance evaluations that are designed to enhance performance. Self Analysis of P.3: (J Provide encouragement, guidance and direction to subordinates with regard to their development and improvement. Coaching, counseling and helping employees overcome job problems and develop career plans, (J Assess performance strengths and deficiencies, encourage and reward employees and/or exercise appropriate discipline. :5 Action Plans are developed with staff and annual evaluations are done in late summer annually, In addition to these annual performance evaluations, meetings with each of my employees are scheduled up to three separate times per year to give and receive feedback from staff and to assure that there is a mutual understanding of expectations. From these meetings, employees receive coaching and/or counseling to assist them in achieving their performance of goals and professional development. I also maintain an open door policy and encourage people to share suggestions, ideas and concerns. The fresh ideas for innovative change and ongoing dialogue assist me in striving to improve efficiencies, morale, and effectiveness of the office. P ,4 The County Attorney will assure that qualified applicants are recruited and selected to provide the Board with superior legal advice and representation. (J Understanding of effective interviewing techniques CJ Thorough awareness of organizational needs and desires (J Knowledge of market conditions relating to compensation and benefit packages ) Page 9 of 10 Agenda Item No, 9H October 24,2006 Page 37 of 57 Self Analysis of P.4: Standards are set high through job descriptions to ensure that the most qualified applicants are recruited and selected. This office has maintained a very good record on applicant recruitment, selection and retention. Currently within the office there are two (2) Board Certified Florida Local Government Law Attorneys, three (3) Certified Legal Assistants and two (2) legal assistants who were attorneys in other jurisdictions, P.5 The County Attorney will assure that training is provided to all staff to assure that the Board is being provided with the best legal advice and representation possible. I:l Encourage employees to attend training to better enhance knowledge and skills I:l Periodic in-house training for updates and uniformity of legal performance by staff 3 Self Analysis of P ,5: In-house training sessions are held periodically to keep staff current on new legislation. ordinances, practices, and technological advances, All employees within the office are encouraged to attend training classes provided by the Human Resources Department that will enhance their knowledge and skills. Requests are usually granted, Some employees are required to attend such classes if the need arises, Attorneys and legal assistants also participate in professional and Florida Bar seminars in their respective areas of practice. The Florida Association of County Attorneys information - hot topics Web list assists us with research, legislative issues affecting counties and legal opinions. Marjorie Student-Stirling is a frequent lecturer on land use matters at Florida Bar seminars throughout the state. 04-COA.()!Ol61473 Page 10 of 10 /O/,~, ffa~ {J,,){~.. 'J7 it C IJ/~rlThem No. 9H October 24, 2006 Page 38 of 57 /- FY 2005 / 2006 Action Plan David C. Weigel, County Attorney The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. He is to act as legal advisor and counsel for the Board of County Commissioners, advisory boards and committees, County Manager and his agencies. The County Attorney through the assistant county attorneys and supporting staff represent the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury, property damage, workplace I personnel matters, finance and land use. The County Attorney is responsible for policy documents (resolutions), legislation (ordinances and special acts), and the drafting or legal review and/or revision of all contracts, real property conveyance documents and other Board signatory documents. The following Action Plan was developed to illustrate and review Board expectations for the County Attorney for the period from October 2005 through September 2006. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a significant law firm, including: legal advice; leadership I organizational direction; communications, public response and outreach; fiscal management; and personnel management. At the conclusion of the fiscal year, the Board of County Commissioners is to perform an annual evaluation of the County Attorney's performance by rating each of the following performance objectives on a 1 to 3 scale. The simplified evaluation rating scale is as follows: [1 - Below Standards; 2 - Meets Standards; 3 - Exceeds Standards]. Individual evaluations will be totaled and averaged to determine the Board's collective evaluation position. Thank you for your time and consideration in this regard. l"-' I ..:.;J "':':'''ll .:-:::1 , , '.... - \ ~... ~ David Weigel's Self Analysis Provided Here!. l'V ...-:.. . _. :\ ; "- -'~ (, --c:-~ _ _., ~ -;; ~ i -. {-) ~:.-: r"'; r t 1') -- ~ - Page 1 of 10 LEGAL ADVICE L 1 The County Attorney will provide effective advice. and assure timely responses to both written and oral questions from the Board of County Commissioners, County Manager, his agencies and employees. Self Analysis of L.1 : Agenda Item No. 9H October 24, 2006 Page 39 of 57 MEASURES Ratina Cl Communication skills (written and oral) are effective, clear and concise Cl Responsive to questions Cl Advice demonstrates that the issues have been thoroughly analyzed Cl Advice and ideas are solution-oriented j /' All attorneys have been tasked with and have succeeded in consistently communicating in a more effective and clear manner. The County Attorney and Chief Assistant County Attorney proactively met with all Division Administrators and certain key Department Directors to ensure that they were receiving timely responses to all requests, whether oral or written. Assistant County Attorney William Mountford has assisted in the development of the Accident Prevention/Liability Reduction Program administered by the Risk Management Department. This has also assisted in communications being made to the attorneys earlier, rather than later, of problems or issues so the attorneys can work with staff in finding solutions to achieve goals. There have been over 1.700 Requests for Legal Services processed from October 1, 2005 through the second week in August, 2006. This does not include telephone calls received to ask "a quick question" or to respond to a public records question. It also does not include time spent in attending scheduled meetings or assisting a department person who drops by the office unexpectedly. When three employees departed at the Horseshoe branch, the County Attorney used that event as an opportunity to enhance services to Community Development staff and the Board through the reallocation of other experienced staff members. This was accomplished through a quickly executed hiring process and innovational management chain of command. Assistant County Attorney Scott R. Teach has provided effective advice and extensive assistance to staff with regard to EMS union contract negotiations. L.2 The County Attorney will assure that the County is provided the best possible representation in all litigation matters. Cl Best utilization of in-house and outside counsel Cl Effective selection of outside counsell expertise in specialized fields CJ Well chosen litigation communication techniques, e.g. public meetings. shade meetings, written and spoken communiques } v Page 2 of 10 Agenda Item No. 9H October 24,2006 Page 40 of 57 Self Analysis of L.2: In the Naples boat speed case, great attention was given to the preparation and presentation in all phases of discovery and hearings by Assistant County Attorneys Jeffrey A. Klatzkow and Colleen M. Greene. County Attorney Office has worked well with the charter boat captains in this case. The County Attorney Office has very effectively represented the Board and County Manager interests in major former employee litigation and cases where in some instances County employees have been sued individually or where an individual Board member has been named as a defendant, the selection of outside counsel has been determined by Commissioner choice. County Attorney Office has carefully utilized shade meetings to communicate settlement offers and discuss litigation strategy with the Board. Assistant County Attorneys Heidi F. Ashton and Ellen T. Chadwell have processed many eminent domain lawsuits to assist staff in acquiring necessary easements for roadway projects and properties for well fields. These attorneys and their staff have worked quickly and efficiently to assure the county and the citizens receive fair and equitable results. Assistant County Attorney William E. Mountford has worked diligently with the Risk Management Department to defend the County when claims are made. either through litigation or pre-litigation processes. He and his staff have set up procedures to ensure that cases proceed smoothly, efficiently and effectively. L.3 The County Attorney services to Board/County Manager re: County legislative needs and concerns. Q Assists the Board/County Manager with advice. review and writing of legislative initiatives and bills; participation and interaction with local legislators / legislative delegation. Q Assists the Board in Florida Association of Counties (FAC) matters; attends FAC meetings and actively interacts with FAC officials, including developing Tallahassee and around-the-state contacts; and working well with counsel to FAC. 3 Self Analysis of L.3: This past year, the County Attorney Office has most effectively assisted and coordinated with the Board, individual Commissioners, the County Manager and his assigned legislative staff with the many difficult issues facing county government generally and Collier County specifically. The County Attorney has shown great ability to seek out legislative personnel at the elective and appointed levels, formulate questions and answers to better assist the Board in pressing Board issues with legislators and state departments such as the Department of Community Affairs. Assistant County Attorney Jeff Klatzkow and the County Attorney have worked closely with Board members and FAC to help achieve the best results possible. County Attorney personnel have always been available and enthusiastic to assist Board members and County Manager staff traveling to multiple hearings across the State and the numerous trips to Tallahassee. The County Attorney prides himself in strong working relationships with our legislative delegation, their aides, and the officers of the Florida Association of Counties as well as the Florida Association of County Attorneys. Such relationships built over time with effort and courteous interaction has and will assist this Board and the County Manager with ongoing and new legislative issues and desires. Page 3 of 10 Agenda Item No. 9H October 24,2006 Page 41 of 57 L.4 The County Attorney shall advise the Board or its members to make Attorney General Opinion requests, or Commission on Ethics opinion requests, and Inform the Board of pertinent opinions and case law. The County Attorney shall be evaluated for opinions provided relating to Chapter 112, Part Ill, Florida Statutes and the Collier County Ethics Ordinance, (J Communication skills (written and oral) are effective, clear and concise (J Responsive to questions CI Advice demonstrates that the issues have been thoroughly analyzed Cl Provides creative and proactive responses (solution-oriented advice), if possible J Self Analysis of L.4: The County Attorney and Assistant County Attorney Marjorie Student-Stirling have acted upon the request of the Chairman and the Board for legal opinions citing case law to assist the Board in its land-use decision making. Additionally. the County Attorney has provided all Commissioners and other County personnel with a handy custom reference booklet that clearly states the criteria required for Board land-use decisions (I.e., zoning, PUD's, conditional uses and variances) with an accompanying explanation of case law authority for Board decision making regarding variances. The object of these measures by the County Attorney has been to simplify and clarify the Board's decisions for the Board's sake and further strengthen the record of the Board's decision in case of any appeal. The County Attorney and key staff attorneys have worked closely with Board members in providing answers to legal questions and providing counsel based upon critical analysis and experience in subject areas. The County Attorney and Chief Assistant County Attorney have vigorously continued the County Attorney's program of educating advisory committees, staff liaisons, and the public on the Government-in-the-Sunshine Law, the Public Records Act. and state and local ethics laws. The Chief Assistant County Attorney continues to attend ethics seminars and also work with Ethics Commission staff attorneys to provide opinions on ethics issues, COMMUNICATION, PUBLIC RESPONSE & MEASURES Rating OUTREACH C.1 (Internal) The County Attorney will be Cl Provide interim workshops I seminars to expected to educate and update county staff to county staff covering work-related issues l? reduce creation of legal issues and lawsuIts in to reduce county liability the workplace and from work as performed. 0 Proactive review of division / department policies and suggest possible updates, CI Maintain open lines of communication - with County Manager, Division Administrators, and Department Directors Page 4 of 10 Self Analysis of C.1 : Agenda Item No, 9H October 24, 2006 Page 42 of 57 The County Attorney continues a proactive, preventative, educative approach to assist in reducing the number of legal issue and lawsuits in the workplace, Chief Assistant County Attorney Michael Pettit and I continue to devote numerous hours educating employees on the dO's and don'ts of the Ethics Ordinance and County Manager policies, Sunshine Law, Public Records Law, and Ethics policies. This educational, advisory practice is designed to reduce or eliminate questions and problems that might otherwise arise in the workplace, The County's record for public records production and avoidance of Sunshine Law problems speaks well to the County Attorney's efforts and the practices of the County staff pursuant to the education and advice of counsel. This past year has seen more voluminous and complicated public records requests than ever before yet the County has performed well, This push shall continue in the area of Public Records maintenance and responding to public records requests, some of which are extensive. complex and require search and production from several departments, Board records, and other diverse locations including archived materials. As the County Manager staff further develops positions, operations and procedures relating to public records requests, retrieval and records retention policies, the County Attorney shall continue to assist to achieve responsive and efficient government service in the public records arena, County Attorney Office has worked with the Human Resources Department to update the policies and procedures manual. Assistant County Attorneys periodically meet with and train department staff on procedures that will assist them to more effectively perform their job functions and reduce legal risks and/or county liability and to assure that they are aware of current laws or rules in their assigned areas. The Chief Assistant County Attorney has also continued specific training for project managers in the construction area to assist them in identifying and avoiding construction claims and disputes. C,2 (Internal) The County Attorney will be expected to regularly communicate with the County Manager, his Division Administrators and Department Directors, and the Constitutional Officers to better ensure that operations between these agencies and the Board of County Commissioners are effectively coordinated. Self Analysis of C,2: IJ Provide responsive and solution-oriented advice to questions or issues that arise or have the potential of arising CI Maintain effective working relationships with County Manager staff and Constitutional Officers Z- The County Attorney and/or Chief Assistant County Attorney continue to attend the County Manager Division staff meetings in an effort to maintain efficient, effective working relationships and be aware of any issues that may be on the horizon. The County Attorney and various Assistant County Attorneys also attend the Department Directors' meetings of the Transportation, Utilities, and Community Development and Environmental Services Divisions, Additionally, the County Attorney and the Chief Assistant County Attorney have met during the year with a\l division administrations, the Airport Authority Director, and the County Manager. Assistant County Attorneys routinely meet with assigned department directors in an effort to proactively assure that needs are being met. C,3 (External) The County Attorney will be expected to provide information to the public through public speaking engagements, seminars, print and electronic media, CI Communication skills (written and oral) are effective, clear and concise CI County Attorney I attorneys available to attend meetings day or night at offices or out in the community as requested. HelDful; effective ] Page 5 of 10 Agenda Item No. 9H October 24, 2006 Page 43 of 57 Self Analysis of C.3: The County Attorney and Assistant County Attorneys have attended various neighborhood meetings with staff or commissioners, evening meetings of advisory committees, and town hall meetings scheduled by commissioners. The County Attorney is still involved as an officer with the Florida Association of County Attorneys and accepts invitations to speak. at meetings of local organizations. Also, Assistant County Attorney Marjorie M. Student-Stirling continues to accept invitations to provide lectures at land use seminars for attorneys. C,4 The County Attorney will be expected to administer the office to assure that the general public is responded to in a timely and accurate manner. o Ability to communicate effectively, tactfully, and courteously CI Responsive to questions lJ Self Analysis of C.4: The following is the essence of the talk I gave speaking to the Immokalee Rotary Luncheon in June 2006: Timely, helpful response to the public is a high priority within the office, We have established a good record and reputation for providing prompt, courteous, responses to questions and issues that arise from the public sector relating to county matters, The office is significantly involved in assisting Board and County Manager Office public records requests and is very cognizant of the duty to work with the appropriate departments to provide prompt, accurate responses. This is an area where I believe that County Attorney staff shines by expeditiously communicating with the requestor and the offices affected by such requests, completing the projects and exceeding expectations, The appreciative e-mails, etc, far exceed the critical comment. Additionally, when our office receives a call or visit from a member of the public where our office is not the correct office. it is my policy for our attorneys and support staff to assist the caller with the way to obtain the answer or make a call for the public to assist in some way even if our office isn't in a position to answer, and certainly not provide client-type legal advice. It's a type of public relation that can change the bad mood of someone who's gotten "the runaround" contacting government offices. FISCAL MANAGEMENT MEASURES Rating F.1 The County Attorney will develop an 0 Compile and analyze financial, annual budget for the Office of the County budgetary, and statistical data and J Attorney that will be presented to the Board of present a realistic, cost effective budget County Commissioners for review and approval 0 Ability to prepare an annual pay plan for through the budget process developed by the the Office of the County Attorney .....- County Manager. Page 6 of 10 Self Analysis of F.1 : Agenda Item No, 9H October 24, 2006 Page 44 of 57 Fiscal responsibility and well-analyzed, cost-effective budgets have been a bulwark of the County Attorney for many years. Increases are requested only when the ever-increasing level of legal demands dictate additional resources, The goal is to provide the Board with the most efficient, effective legal representation possible. The arrangements made with the Clerk and Judge have saved tremendous expenses, clerical time and court time in eminent domain cases, We do more with less when we can, and achieve efficiency along the way, Except where state mandates have required budgetary increases, the County Attorney Office has followed and met the Board's budget goals. F.2 The County Attorney will assure that the budget for the Office of the County Attorney is effectively administered and the Board ;s timely informed on any extraordinary matters arising throughout the year. Self Analysis of F.2: o Prudent administration of County Attorney Office budget; fiscally J responsible o Communicate in a prompt, timely manner any extraordinary issues that arise during the fiscal year. My record indicates my conservative approach to administration of the County Attorney's budget. Increases are sought only in extraordinary circumstances, and then only when all other avenues have been exhausted. I've developed a significant revenue component to the office budget. When worthy issues or matters I deem necessary to inform the client arise, I communicate with the Board either during the board meeting or individually, as appropriate, F,3 The County Attorney will assure that bond issues and other finanCing matters of a legal nature are coordinated through the County Manager, Clerk, Financial Advisor, Bond Counsel, and Disclosure Counsel (the "players"), Self Analysis of F.3: CJ Responsive to questions of the "players. o Performance demonstrates that the issues have been thoroughly analyzed (bond issues) o Demonstrates a comprehensive understanding of bond issues and related financing matters (advises and assists Board/Chairman, as appropriately in transactions and closings) / The financing issues that come to this office are responded to and handled in a coordinated manner with all participants (Clerk, Financial Advisor, Bond Counsel, Disclosure Counsel and county staff), An attorney in this office also attends and participates in the Finance Committee meetings. The County Attorney reviews and provides document revision comments to Bond Counsel, provides a County Attorney opinion letter for alf bond issues. The County's fiscal and financing transactions in this area have been successful, routine and legally proficient. It's either done right or it's wrong. We do it right. Page 7 of 10 Agenda Item No. 9H October 24,2006 Page 45 of 57 LEADERSHIP I PERSONNEL MANAGEMENT MEASURES Rating P,1 The County Attorney will assure that there are clear goals and objectives established and that they are effectively communicated throughout the County Attorney Office, o Planning & organization: establish goals and priorities, analyze and evaluate organizational effectiveness and make sound decisions, o Application of management techniques to ensure compliance with organizational policies and directives, to control quality, quantity, time and costs. 1 t,/---", Self Analysis of P ,1 : County Attorney continues to hold biweekly office staff meetings to review agenda materials and prepare for Board meetings, share legal news and views and make new office assignments in a group setting, where appropriate. Project and departmental assignments are made pursuant to the particular aptitude, interest and expertise of each attorney, "High profile" assignments are made upon particular requests of the client (Board, County Manager, Division Administrators, etc,) and/or by the County Attorney or Chief Assistant, who retain a "monitoring"/advisoral position of the assistant county attorneys, as appropriate. Time Sheet and other administrative review techniques are applied to determine work demands. fairness in assignment and timely response to Board and departmental legal requests, This year, after the departure of two Assistant County Attorneys and a legal assistant to the private sector, the challenge to meet ongoing and future COES assignments with appropriate expertise was met with success. The creation of the Managing Assistant County Attorney position with Jeffrey Klatzkow at the helm and the successful hire of Assistant County Attorney Jeff Wright provided the land use attorney/support staff operation of the County Attorney Office to function more successfully with a higher level of service and a shorter response time. P ,2 The goals of the Board of County Commissioners and County Manager are effectively understood and proper assistance is provided by the County Attorney Office in pursuit of said goals, (J Application of management techniques to assure effective assistance to respective clients, i:J Guide and direct staff to maximize legal resources with client needs, ~ y Page 8 of 10 Self Analysis of P .2: Agenda Item No, 9H October 24, 2006 Page 46 of 57 As noted before, a satellite County Attorney Office with a staff of three strong attorneys. Jeffrey Klatzkow. Marjorie M. Student-Stirling, Jeff Wright (until recently Steve Griffin) and support staff dedicated to the Community Development and Environmental Services Division assists the Board and County Manager in achieving their objective in improving the county's ability to manage and respond to land use related projects and queries, Many attorneys in the office have been integrally involved in most aspects of the Growth Management issues and projects (Le, attorney workshops, EAR, Eastern Lands & Rural Fringe, Growth Management Plan, Land Development Code, Transportation Concurrency issues, Transfer of Development Rights, Community Redevelopment Agencies, and Overlays) worked on in the County Manager agency. Beyond the three attorneys mentioned above, others such as the County Attorney, Chief Assistant County Attorney Michael Pettit, Assistant County Attorneys Thomas Palmer, Jacqueline Hubbard and Colleen Greene have been involved in projects ranging from high profile land use issues such as variances, conditional uses, Bert Harris Act claims such as Van-Dev, Cocohatchee, etc., and boat speed regulation on Naples Bay. and the long-running Pelican Bay annexation venture with its issues ranging from reclaimed water to fire district service, In each of these areas. the County Attorney Office attorneys and support staff have ably and timely assisted the County Manager, his Division Administrators and the Board members with the legal advice that should provide confidence and assurance in the County Attorney Office. The foregoing information and our extensive Ethics and Sunshine Law work discussed earlier are illustrative that the County Attorney has been an integral part of the County Strategic Goal to Rebuild and Maintain Public Trust. P.3 The County Attorney will assure that employees are provided performance expectations and performance evaluations that are designed to enhance performance, Self Analysis of P.3: CJ Provide encouragement, guidance and direction to subordinates with regard to their development and improvement. Coaching, counseling and helping employees overcome job problems and develop career plans. CJ Assess performance strengths and deficiencies, encourage and reward employees and/or exercise appropriate discipline. J Action Plans are developed with staff and annual evaluations are done in late summer annually. In addition to these annual performance evaluations, meetings with each of my employees are scheduled up to three separate times per year to give and receive feedback from staft and to assure that there is a mutual understanding of expectations. From these meetings. employees receive coaching and/or counseling to assist them in achieving their performance of goals and professional development. I also maintain an open door policy and encourage people to share suggestions, ideas and concerns. The fresh ideas for innovative change and ongoing dialogue assist me in striving to improve efficiencies, morale. and effectiveness of the office. P,4 The County Attorney will assure that qualified applicants are recruited and selected to provide the Board with superior legal advice and representation, CJ Understanding of effective interviewing techniques CJ Thorough awareness of organizational needs and desires CJ Knowledge of market conditions relating to comoensation and benefit oackaoes Page 9 of 10 3 Agenda Item No. 9H October 24, 2006 Page 47 of 57 Self Analysis of P.4: Standards are set high through job descriptions to ensure that the most qualified applicants are recruited and selected. This office has maintained a very good record on applicant recruitment, selection and retention, Currently within the office there are two (2) Board Certified Florida Local Government Law Attorneys, three (3) Certified Legal Assistants and two (2) legal assistants who were attorneys in other jurisdictions. P,5 The County Attorney will assure that training is provided to all staff to assure that the Board is being provided with the best legal advice and representation possible, Cl Encourage employees to attend training to better enhance knowledge and skills Q Periodic in-house training for updates and uniformity of legal performance by staff ~ ".... ,.. Self Analysis of P.5: In-house training sessions are held periodically to keep staff current on new legislation, ordinances, practices. and technological advances. All employees within the office are encouraged to attend training classes provided by the Human Resources Department that will enhance their knowledge and skills. Requests are usually granted. Some employees are required to attend such classes if the need arises. Attorneys and legal assistants also participate in professional and Florida Bar seminars in their respective areas of practice. The Florida Association of County Attorneys information - hot topics Web list assists us with research, legislative issues affecting counties and legal opinions, Marjorie Student-Stirling is a frequent lecturer on land use matters at Florida Bar seminars throughout the state, 04-COA-01016/473 Page 10 of 10 r i9flnda Item No, 9H ('I .,::...N'\. 11\:\,. y- \().).\.Odober 24, 2006 0\')'\' ,\" Page 48 of 57 FY 2005 / 2006 Action Plan David C. Weigel, County Attorney The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. He is to act as legal advisor and counsel for the Board of County Commissioners, advisory boards and committees, County Manager and his agencies. The County Attorney through the assistant county attorneys and supporting staff represent the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury, property damage, workplace I personnel matters, finance and land use. The County Attorney is responsible for policy documents (resolutions), legislation (ordinances and special acts), and the drafting or legal review and/or revision of all contracts, real property conveyance documents and other Board signatory documents. The following Action Plan was developed to illustrate and review Board expectations for the County Attorney for the period from October 2005 through September 2006. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a significant law firm, including: legal advice; leadership I organizational direction; communications, public response and outreach; fiscal management; and personnel management. At the conclusion of the fiscal year, the Board of County Commissioners is to perform an annual evaluation of the County Attorney's performance by rating each of the following performance objectives on a 1 to 3 scale. The simplified evaluation rating scale is as follows: [1 - Below Standards; 2 - Meets Standards; 3 - Exceeds Standards]. Individual evaluations will be totaled and averaged to determine the Board's collective evaluation position. Thank you for your time and consideration in this regard. David Weigel's Self Analvsis Provided Here Page 1 of 10 10-13-2006 12:42 OHIO VALLEY SIDING 3308932082 l~/l~/~~~b lq:~4 l~~~,(q~b~~ DU... UI'" r' .I. we;. .--.-.-.. L 1 The o.n, AIiImIy WIt ",oWiI tiIrIdM. .sw.. Met.....1rneIy r.....-ID IM* wrIIIn n.. "'II~. frDm .. ... fII C&udy Carmtlllfla-.*w. CoLny --.., 11II ~... MdIftlPlO1IlII D CarnrnunlDIIIID ..... (wrIIen end ani) ..~.ClIMr IndconclM g .....ww tD q...... D Advtae ~..... .......... .......1Nn:IuIhtt ....... Q AdvIoI_.....~ Agenda AAGE~, 9H Octobe~ ~OOO" Page 49 of 57 l 3 )., I- Self AnIIl)sJI ~ L. 1 : All ~ ha-. .,.., talked ..... Md hew aucQedlld in cone........,. commuMuIrtng In . ~ ..,... Met ... rrNIt'ItIW. Tn. Caunly AUDrMy 8nd QW 1-"..... CaI.Inlr ~ pn8CfwIlrm. wtIh... DMIaI ~ IIncI CIt1Ifft Dr ~,..,. ChaIn 1D.....1hat 1h8r... rt[ IM"g IimeIr ..par.. III II rtIqI..~ wMhr DnII 0/ wrItIn. ~.IMant Caunty~ WiIMm M.in\fald hM ..,lIli1d In U\a ......,..."t GftM AootdInt ~ RafucIIan Fa................... ~.. NIk ~rn8f1t. ~lML TNt - Mo .... In communlcalbw HirIg.....ta ...1IllDme)'!I........ ,..,.,. then ,.,. of ~ or iuu. .0" "~I-.. em WlII'1c wtIh ..." .. tInIIlng ___ ID 8ahIIwa ...... n.. twI8..... avw 1.100 ~ fur ...... ~ "'O~ll J ..tram C>~ 1. aooe thra9't the IIOand ~ In Augult. 2001. ,.... d.-. nat 1ndudll1IIIIipta..... ..".ftld ID .1Ik -. quick .....JIDn. or to respond fa . public I'8ClllIn:Ia qu.Hon. It 8Iao do.. not lndude Itmt tpent In aCtendtnQ ICI*SUI8d mnan~ or --.. dlpnfte.1l pertOn whodnlpl tJr... aIb ~. . When fne ~ d"-,,, It" ........ br8nGh. .. County Aaam8y UI8d.......... oppcn,nlly 10 II'IhInce.....1D Cammunlty ~pmWIt"'" n ..1Nrd 1hnM.V1"~ fI otMr iUil*iIneM__ nwn.... '""... ~,~ ctnugh . quIddy ~ hirintiI plODI.. n Innovdonll rneMgMlent c:h8in of c:ammMd. .........11 eaunty AIfIDrnay....1Il TIeOh h8I pr&MdId ~.1C8 8I1d....,.,. a.."" a ...CIIff wIIh Ng8nIID EMI unDn GDlIhct MgDII8Uana. L2 't'M Caunly AIIamIy'........ III ~ .. pravIcIMt 1M ~ ....... ......nIIIIiGn ... "I~I LlIlNllrl"llo Q .... ~tm fII.......... ..... ..... CI .....,. ....IlfIDn 0/ outUfIt ........, ...... In .,. I fL ~... g W"1lhaMn ftIIt,4~", ClClfMUtIClltNln ......... .... pIMa 11I1 ..... ..... III ........ wrIIIn _ ....... ........... Pap2allO 1- I ;;.... 10-13-2006 12:42 OHIO VALLEY SIDING 3308932082 ~U/~LJLUUO ~~.~_ ,~~~,,_~~v~ A enda~Ni>, 9H tober '24~~OOS- Page 50 of 57 s.tt """.1Ja all L.Z: I" the NIIpln baallpeed CIIH. great alllntlon W8I given 10 the preperetlan Wid praantat1an In .. phUM Of diaaDvery end heIIrIngs by AMINnt Cou"", ~ JlIfl'nIJ A. KIMzhaw n eoa.n M. GrMM. COUnty AttorMy 0fIIce hila wwk8d WIll Nth the ClhIrter DaIlt 01'" In lNI CIIU. The CGuntt Ateanwy om.. _ wry~, ...__ .. &a.cd Ind County MIn-.r.......1n ..,. forrnW ~ tiUgIDan _ ~ whent in aane inRIn.. CIu1tr ~...,. -- auea lndIvIduelly or WIllI,. MIrdvIcIuId eo.d memtler hu DMft ..... . 8 cIIIIMGInt. the MlIIlIIon cI 0UlIIIde eDUnael 1'1II1 a,.., dllWmlned b)( Cammluianer chalC8. County AIIorIMIy 0fftcI '* CMIUIIy ~ IhIIde mMIinCII'" ClQrTlmunlclte ........-It omn end en.. IIIgIIIDn IIInII8gy W11h the Ba8rd. A..~*-'t CaunlJ Altum. Heidi F. AlhtDn n ENen T. ~ hMe PfG-- mlftr em.... darnMI I8WsUItI au ....... '-Inecqutmg necnllry.-mlntl for ,... proJlGlS Iftd prapiIrd.- far .. ........ ",.. .......,w 8M their ataff...,. wartred quIc:tdv end efIftalIntfy tD ..... 1M COl.Itly .. 1M cItIDnI ..... flit Iftd ....... .... A--..nt CGIfty I4IIIIIn16t w.-n E.. ....... ,. wortcM dlfgenly wfttI the NIt ,...........1 ~ to d..-..cllhl Cow1lY'" ctIllma .... mIIdI. ...."rauuh llIIgaUon or ~ ptOeI..... He lII1CI .... .lafI twve.. up pI'OCIlCh.n8l1D --.u. that c.MI ~ ~y. ~ .-.d ~. L.I n.OcuItr~~_tD IaIrdICouftlY MIl-. re: CaunIy IMI.-'" .......... ...... 1:1 ....... ~ ......... ....., ......... wring of_..... IrIIIIdWIIIId ...; pII'I~>II ... ~tIIICIIIDn .1DaII....'III.m I .... 11III'I Jd ......... 1 a AuIam thII 8a8rCI1n FIarIda AMacIaIon d CaLIIIII (PAC) tnIIIrI: .... fN:, 'J ......... ~ In..- wIh FAD p"- .1* .1r1ClhdII- Itpll'lQ T--w.. nll'ClUl1d-l1l.- ~ -...,... '*'........ ID PAC. s.f An8Iy8iI d L.S: ThII PMC ~. .. Coun\y AaIlIrn8y omae... mGlIt .w1Ctlvlly MlIIIIII:I Iftd coorcIInIIIIG WIUt thllard. IndIVIduII CammIuIoIWI. the County MINIgIr end "" ..Igned ....... 1Wf. "'1I18RY~ ...... ,... aauntr ~NMnt ...... CaIIIIr Count/......l. The CGunly AIIotMJ hM Ihown .... Mllla)'to ..... GUt ~ ~ M ht tleGIIw... ."ClMO \eweI" fotfnutate questir.lN 8nCl ...... to beUw ......... ..... In preuIng .... ..... wiIh IegJ ',.. end ..... .........Mln. aaat\ . the De.,.......... d Community "",", AI"'C Count)' Nt1ImIt:I Jeff t<IItzkow end the county AItamey heve wartwd aIoMIy with ea.nt n.nb8rIMI flAC lD'" .,.". 1M bait .ub "I.. (:ounty Atfamer ,.,..._... --VII..,......... If1tttwIllUc 10 .... ao.rd ~.,., C~ _....__ nvatlng to ~ ~. __........... numerou....to T......~... The Caunty AltomIY prtdII t'l1mMW .. .ftna wondng 1"IlI__,. wIb our .~rw .I.JItIcr', II1IIir .Idee, ... the aMen afltul FIorfc:f4t AllacIatIon 01 eounu.. _ well _INI FJorfCII AuoMitlon of 00untV ~ 8L1Gh rwIIItIanIhtpe bUll eMf' time Yttth IIft'ort Ind DCUtIlOUI ..-*on hit -'"' wll -- thIIlkIIrd n the Ccutty MenIgIr wtth ongoIrlg 8nd "IW ~ INUlIn .,..,.., Ptal3otl0 10-13-2006 12:42 OHIO VALLEY SIDING 33089320B2 - -. - -, - - - - -.. - . - - - - . . . - - - - - - -.. . Agenda~Ni>. 9H October 24,2006 Page 51 of 57 LA The County AItamer ..I.... the IGIrd or .. m..... to ft'IIIke NItJIIrtfJt a.n.w apmlan .......... Dr ComroIJIIM an EIMI apIftIDn .........IIIIInfOfm..... of IMI'IMnt GPInIan. ... ....!Mr. ". eaa.n., ~ ~ v......... b___ plNdM I'IIIIInI to ~ 1'2, PM Ira. FIoftIM --".ow.. .. Caller CcuIIy.... 0rdNnae. c CammunIallDn ... (wrtII8n - cnIJ .. ......... ... MIl aancIIe D ~ fD.......... Q Ad............ ItwIllUel ,....... .......,~ Q P.~.........- prau{;ft ",lIM (ri"~__).1 paN.. ;t ).. ;t ,t Self ~ of L4: The Caumy AtIDrMy .,d Autltilnl CcHny ADamIty MefjDrte studenIoStIrIIn heve &led upon Iha ~ 01 the Chmn8rl ... the Bawd for teaaI aplnlana cIIInv 08.. .. to ...,.. Ihe bra In HI IInckIIe dedllon milking. AddIb ..,. It-. Caunty AItIarrI8r hR provIdM .. CarnJNuIcNrIIrId at. County...... wfI'I . hIft% auatarn ....nce boaIdat that ..,...... 1M ~ ",...._ 8tMrd IMlHJae _1IbII (I.... zanII1Q. PUtrs. oanes.... ... _ ......, WIn.. ....,....- ~ ~.... _ amartlyfar I10erd deallfan rrHIIW1g NGMInCl---. l'he", rI.... m---. 11)''' CaunIy N!tIIrrrIIt" ..., ta ~.. -..v CM 1oMr.--. fQreM 1oIrC'..... _ further *-"INn" ~ GItha BoIrd'. dlCllian In .... riMY ....... TM Caunty Aaarn.r nf key"'" .ltamayt__ wariaId aa.1y wttI ea.n:J memberaln ~ M"" to ... ....... .. providing ...... tNNIM upon..... MIII)U ~ expert_lOt in ___ _, 'I'M CcuIly AtDTl.,-..s enw -...m Coumv /ittIo,...., hlIVW vlgDrDuIty ClDnIIn&ma 1M CcJunay A1IIaI'Nfa prognn rJI educ8Ilng 8dvI8ary curvn-. ... "'I~ ... lie publIC an lie Qcwwnment~ Law, the Pubic Rw:crds Act. IInd .... 8nd IocIIIdlJcs..... The OIW AIUIfMt County AtIarMr' eonIlnWI ID .....,.. .... ..",tnn IftCI .... WDrtc wIh l!IhIca CommlIIIOn ...., ~ tD pnwIda aptIIDnI an ... --. COIIIlUNlGATIGN. PUIIUC RDftOHII . ~&.... .... c.. (InI8nwI) on. ~ AIIIameJ WII DII Q Pr.-..-m _......'..,.."..ID 2- ~ II>> ICUrTt., ... ..... aountr....tG ...,.... CDIM1I wortc~..... ,..... ...... flllIaIl.... _ (p--dIa Ira to IWduaI aauntr UIbIllr .. ~.. tam wart. _ ...ro.,...d. a PIHaIve ,...4-IchWan I ~ l ~....:= pnJlble 11P....v'TT Q ....... .... fA canrnunIDIIIan J.. .. CaunIr ....M, DtvIIian ,............ olJ._~''''wl Di_~. .....4 allO 10-13-2006 12:42 OHIO VALLEY SIDING 3308932082 AW___/_~-_ - ---, Agenda 1PA'GEN<5 9H October 24, 2006 Page 52 of 57 Self A"Blysls Or (': l' The COUnty Attorney aontk1uN . proeetiva, pravan.uv.. .UGIItiVli appfVlIOh . ..1st In recIuCInIlhe nurnDel' ~ leglllluue ana ........ n ht MnJMGe. CNII M*tIIm CGUmy AfIItrrttIt ~ Pd*l.ncll conIh.1e to deVC* num""l haln ecfuc:.lfnO emptaveM an the do..1II1i ..,'ta of the .... 0...... ... CouI1I)' ~ paIJd... SuIWJN Law. PuOJJc Re=rd. L.IW. and l!!ttlca paIIE:I8L Th. 8dUC8tJcnat. Idvltoty prlCllOe II dellgned to reauoe or Illmlnlle queI&tonII end fN'Dl*lma that might athet'WIM ... In .. .".p1.a. The County's rwcord far public reaardI pradualian end .woJdInce GIS"'" Law prabr.ma If*Ib W8I to the County AIorner" .... _... prIlOIIc:et d 1M Coumy IIIIft' ~ III 1M ecNc:dan Md edviDe or 00UftHI. Thlll*t ~,.. ~ morw vaIUmInGUIlnd ~ pubIID l1IODRIa ~ thin .... DIfarI ~ .. Caun1y ". ~"- mild _It. ThtI puett."... c:onanu. (n ..... of fJuDfio ..... ~ce _ relPOndlnl to pubfc reGOfdl ""'....., .... 01"'" .. ~. oamplex .nG fIIqIIn ...-ch rn:I produetian fn:)rn aawral ~t.I, ea.ns rec;ocd&.lftd __ divflUIocatIana Inctudlng 8tChived met8rlIlI. AJ the ~ --.r sllllffUl1her ..IIIP' ,.... ~--I- ~ ~ ta P\MG ~~ ......... ,... ... ~ t8f8nIIan polIc*I. It. ~ MDrMr....1lClftInI.- 10...... to IICNIve NIponeIve .. .......~....In the publIC recorda _. County.N\Dfney otl-=-... wurl\ed wMh iN Humin ........ o.p.nm.nt to update the p~.net "...... ~. ..... County M.I~~ pericIdIaIIIy,lMIIt WII1 and tnlin....."..... an ~ .. wIt-'" u.n fa ~ ~ pMonn their'" fI.NIIl:N .. ..uca It1g11I1IIcIIndfar CDLdY '!MIIly... _una that ~.. ..... of CI.IrrMt.... or "'" In IMIr -W*l..... The ChIef AJIIItMt CaY1&y AIkwMy" elM conIbMId .....1nI1M1e far ~ rn...,.,.1n 1M ~ ..... to __ them i1 ....tit)1ng n 8WIdfnQ ~ oMIimI and .,.~ c.t (tnI8mII) The eouner..,.,.," .. ~ tEl ....GOIM'UIIIIIItwlh.. ~ ....., hII DIviIIDn MM..... lAd ~ anorore.-.. ~ om.. to ........... apemIIaI. ...-.n .... ......... the IIoInf dCOlIn\' Cammlulcmrlll'e .nr.cI<I8Iy ~.d. CI p.~_........._.~ .... fD .-1In1 or..... --- or..lw........... rI'- a Mtiafllln ........ WGItCn8 ~ with ~....... .."...... CanaIIIuIIcIi'I om-. ~ ~ Self ~1I 01 C.2: The County AJtMM1i MIIJot CNlIf All..,. County AIt8fNl)' ac:anIIftUe fa, .-nd the ~ ....... 0MIIDn .wi meeMnQe in an eItort to mafntalrl efIIcdIrll. lIIfec:llvtt warkJng teIatIonIhl. 8nd be ... fI " .Iues hi may be an the hat'IIDn. 'me Caunt~ ..... _.....t Cout'dy ~ IiIo 1IIIIIIIInd.. ~rtrnent Dil~'1I18IIIinga 01 the , u.... ... COmIftuftItY De\relapfMnt end ~...... DfvfIIOnI. . ~. the CGunly A&tarn8I'J and 1M ~ ,...,t County NJotMy hINe met. dwrtng tt'tI yar wlIh 11II dIvItIon lIIfmi1i1hUana, ,. AIrport Aulftarly DIreaIDr. ..., "" C~ ... .... AI..... CaunI)'~ rou*'-'Y meet wtth ...lgned d~ dnatcn '" ., 8IfDn to .,...,....ty ........ tn8t ... .. bllngl'Mt. c.a ...~III) The CGunIW AIDInI1- ... lID III' alii It ID I:M~ .......... "ibe puIIIIa Ihraugh puIrIC............,.., ........ prtIi IfICIIllctranID m.... a ~...(.-n Md_) .. .dbIIMI. ........ --.. g CrxI'IIr NtIItntrJ '...........,.... ID ..... rnIlIIIngI_ or nJght III ~ Dr aut In" ~_fWlUMtIId. J. .~ ..... 5 .10 10-13-2006 12:43 OHIO ~y SIDING 3308932082 4VI.LI'UUg ~~.U~ ..w~',~~gU~ ~ WI 1 .."'^- Agenda ~6 9H October 24;'2tJ06-- Page 53 of 57 8efr' AnI!J)'!l. or C,3. 1M Count)' Attamey and AHIItanI County AItGm. hew......., ~ ~ ml" ~ wfth .. Dr canm....... IWentJu med1gI of ..., CilDr11rn1&111. ., town hill ,.....,.. KMdufed by cornmII8Ianers. The County Attorney la am Involved .. ., afficer WIll h Flartda,..- tjJIIIlQn of Caunty ~ 8f1CI ac::cepta Invitations to spNlr 81 meetings alkJeaf organlP.8tlan.. AtsD. Ass'-t8nt Cou~ Anorne, MIN'jorIe M ~1nII condnu.1o KCePI: Invttdona to ~ ......,._ fand U" Mm'nans far~. C.4 n. Countr McmIIywll ... .. lalII rI. .........Ih. ... D.....,.. the..... public" ...pu.lCIId ID In .1ImIIy Ind.... mannw. Q ~ ID CCIIIIn1UI1ilIe ........,. tIGtfuIIr. ...........,1 g P......ID,..... ~ ;L ..., AnIIyII8 Of C.4: Th. fdlowflnOla tho 0h0tlCl0 fA Ih6 teMc , IIW. spMkIftg to the 1m.,...... ~ ~ in "'*114 2.0&* TImely, hefpful "',pon,e to th. pubflc isa hGh priorltywtlhfn IN amc.. W. hMt esl8Dll!lhed . goad I'IICOI"d n 1I!pU\ItIon lOt pnMding prampt, caurtIaua, ......... iD quIIIIane _ __ ttwt.... tram the pubic .... retItIng fD OCIUnty matt8ta. n. amr. II IIgnlfIaMIy ~ In ...lJltg Bon and County Man.IIQIIr orne. pubIiG.... ~ Met iI MY ~ fJ.f Ihe __10 WOtIc "'1Ie applDpIIIna ,=-'IiU fa prcMde pranpt, m:uac. NIpOnUI. Thra II." ..... f ,..... .. Ccutty A&Iarr-r ..... by ......11I) communlcetinQ with &he .......tar md lie..... ..... by.at ,.,...... ~ Ul8 pRIJec*"" ~tg ~ao.... The ~......... IIIc. fer..... .. arftRI CDmIMnL AdG1llDn8ly. when our aMce ,..... . OIl 01 VIIIt t'tan . nwnb8r tJI the pubic .... our of'IIaD II nat the correct otIIce. It Is m~ patlcy far our ~ .., IUPPDrt I"" 10..... IN caler wtItt 1M .., III atuIn the - Dr n18U . tal far the public to _In IOmIWI'f MIl "our atIIc:e 1Ift1. In . poIIIan .,...... 8ftd C*t8InIy not prVYidtI c11ent-trPe Iopl..... 1l'5. tp d pubIIa rIIIIIan .. eM ching. the.... maad d eorneone~. QOd.en -.. runvcutd- aanI8ating gavernfMftl omc.. II .,..,." ....... F.1 n.:t. AIDINr......... M C CampIe ... ....,. "..neiII. ;2, .... budgIt .. om. '" the Ccu11J budglllrt. nt*U ,~ dIda.., ,..,.,.. wi. pru...~ 10 tM IoIrd rA prl.l.. a 1UIlJL. oom eft'8caNe tauigIt c.ny CoIMlIIlloI.. far ..,... WldllflPlavlll C AIIIItr tD ...,.. In ..,... pay .. far 2.. 1hradI" budgIIt rnceu ...~ bytnl the OJID filM Caun\' AlIaIMy ccu.,-.... P.., 6 fit 10 10-13-2006 12:43 ll-lIO VFlLLEY SIDING 3308932082 .U'.L'LU~g ~~.U~ ~~~~/I~~O~~ ~w urr~w~ AgendaFPAliEf'i:>. 9H Octobe!f'N7 200e Page 54 of 57 SDIf Anillyail 01,... ,; 1118C111 re.panslbUlty Ind M11.."alyad, c:aet-tdltlatlYe bUaQltl hlYl bHn . bUIwIIrk of.,. CountY Attomey for mBny~" I~" are ~1Id ~whIn the..~.... of _" demIndI dlCll18 IIddlfonlll rwaurDII. Ttw goal Is tD provIdI .Ikwd will 1M mom etftGiInl. deGtMlleQIII ~ paRIbItr, lhe ........-menll .... wiln 1M CWIC MG .JuGge MWIIV'ICI tlI~' ........ -- lime end aDUlt tIrM In .....1MnI domain CllIMI. W. do rno,. with .. --. .. Clan. ..c111Ch111ve ~ along 1he way. e.xo.pt wh.... .... m8ndalu haq required b~ ~. the Co\Inly Aftuma1 0 hal followed .. nMIt..... ao.cr.lludgtll..... F.2 The County ::::I.wI..... tMI ChI g Audant 1dmInII__ or Caumy ~ budget for.. 0IIIaI rI CGun&y M"nW/t ill Mar'nly0fll0l1luctgll; ~ "'-:II"" ....k1.. ",_ end.. loInS II...... ,.11I..... inlw..... on any~ 1NItIIn.n.q Q ~ fn. prampe.......,"'" ~ Inughout .. ..... ."...._6_'1__ ttIIIt ... dIn'Ig the fIIGII VIII'. &elf ANiI)1IIe or ".2: flly reooro ......, my ~ .pprow;h ., ICImlnlMrldiOn of ... CowItJ A.UIorneY' ~. Incn." are BOught only In anordln8ry cInlumnIncIa. _118ft ontv when all.. avenU81 ... .,. ...'*' I've deveJaped . ~nI ,..,.,.,.... c:arnpc:nM11D Ihe DIJIcIt tM:fgel Wh8n WClI'V1y Iuu_ or lnIIltenIl ~ ~ 1D inbrn .. aIIIInt ..... I carnmunIaRt with N B&wd ... dllMQ lie tJDIwd mtIIII8ng or ..~. ,.3 TlII Canlr MIrnIr...... thai..... Q =:'ID ,,"1Dill ar.. 'pIIJ- )... ___ GIw fNnciIg m...... 01." g ......... IhIt IhI ...... .. ooordIIllla1i twough IhIi ~ __hlwebMn~___ A. MIl..... Qerk, fINnaIII AAMIor.1Iand (band ....) CaunHt. .. DlIIdoIurI CCIUIIeIII (the a DernanItt8l8I. ~n,.."""1Ya ).. ....,..,. ~ ".... ......,,...., ~(...__.. .~Jn .,......1I1d GkJIIngI) ad Anelylla of F.3: The nn.nang ...... IhIIt oome to ..it oIIIoe ... rwponcted ID .nd ...... tn . c:oordInIIIId m.... .. II :::': (Cerk. ~ MVIeor. Bond CGunaI. DIIaIaItn CGunIIt Ind oauntr 1taIQ. /fit IIIIGmIy In .. ....... ... ........In .. I=IrwMa eamm.... rnIIDngI. The Coumy AteDrMr..... snd provldll clDaUmtml revl&lan oornmen.to Band COUnMI. provldM . county AIlomav opinion leIter fGa' aD bond.... The CounIy'. ftIClII and II.... nnACtiDnli In !hit ... hIIVO been 8C1a"e''Il''\,d. I'DUIine and lIIVIIIIY ptQftdlnt. If. either done right 01 hi "'"'"D. We do It right. hp7ofJO 10-13-2006 12:43 OHIO VALLEY SIDING 3308932082 ~~r."~~~~ ~~.w, ....-.. .............. .~ P.1 The CIuItr AIII:IrMy" ..... ..... .. ....101II.. ~ Mlntlllhlct.. .....~ DOI'IIIU'I"" IWclughout .. Caun\' --.,~ 0tIIrII. g ,...... G~...... gDIIII Ind """1, ___ MCI MWlft CIfIII' ~ r .. 1II'aIwr....... MU1d Wc:IIIanL Q ~ vi fNl("lgNMnl r.ohniquea iD .....1IIft....,..... ~ poIIOtIIMd ~ to control QWIIy. ~, 1M...... Agenda IRe6ENC. 9H October 24, 2006 Page 55 of 57 ~ '- Self AnII~1I of 11.1 ; Cou~ AIIamIIr oantInueI to haIcI blWeeldy omc. aWl' rMd1gI tD ....1IgIII1da melIrtIIIlnd .... rw brd ~. .".. .. rwew.1IFId *- 8ncf make new oIbt ...On'....1I in . gtQ.Ip tetHno. wttenr ~. Project.. __11ft" MelQnmenIl .. .....1MRU8nt to the parIGuW 1lPUlucM4 "...,.. Met ..."... 01 Mch diOI'My. -High prafiW' ........._a.. .... upon ~ ....__15 or tile clint (ao.G. Counly Manager, DMlCon Admlnlafrafor5. .) 8IV1Ior bv the Caunl)' ~ 01 Chief ANlef.Int. who nIfINn . -monllDrl"l"lIIdvIIor8I paeiIan or.. r 11'._ county ~ _ ......... ThMt a..t1l1d other ~...,... ~ .. 8Pf*d tD dMIrrnlM work cIem~ feina. in ...igI,.,..,1 Ind...,..,...... to BoIrd 8nd ~ .... ,..... ' This ~. eftsr the ciIIpertln 01 two M'- County AIDm&JI end . legit ..1t18nl1a the priVIIta ..... 1M ~ ID meel ongoklg Md fuluN COB.....,.,.. wIU\ ......... ..... .. CMI wIh .uocon. The G:f'eIIIion of the MenIgIng ....1I1i1nt County AIIImIy poeIIIon WItt J~ KIItIkaw lit .. t.-n 8nd Ihe .ucaufut hIrw or ANi8t8nt CounI)' Anam.y ,wrWr1ght ~ the find UN ~...., apw'lIIIan of the Caunty AtIarntJr 0III0e to ftn:tIon mare ~~{'..ur with . higher.... at .... .. . IhorIer rwIPCIMI tIm.. P.2 "..... ollila 8DMf of County Carnm..ra.... ... CaunIy ___... ~ uncIerA.wd Md pt'OpIr ....,1Itmra '- pnMdIId"''' CuItr~ 0IRDe.. PIftUlt tA ..... ..... a ~ ~-.n allIIi&IW.....'_" IKI1nIq&M CD ..........".IR~ tD........ CIIIara c:a GuIde Iftd cIract .,." to IMIdrnIra ..... ~... eIanr..... hplaf'lO -. ... -..-", ...-. .,-...."'-....-- , . ,- .. .., , . ~ ^ 10-13-2006 12:44 OHIO UAlLEY SIDING 3308932082 --. __I ____ _.. -" ----. . .---- Agenda IFl8liE~. 9H October 24, 2006 Page 56 of 57 Self Anefyslt of ",2: AI noIed ...... . .....1tI Counl)' .,.., Offtoe with . ...., of Ihr8e gong dor.,... ~ KIIdIkDw. ...... M. Swca.n~8. JfI/I WrIgN (UnII ~ ... GrtIfIn)" IUPPO" ._......, to "e ~ DIvIlIoprMnt MCllnvlr'Dirnnli ..... D~...... the BaIrd Ind C~ MINger In ~ thllir object1v. In tmlM'OYln8"- OI:lU"'fallb&l\J to manlp end .-..pond '" r.nd ... ~1I. .wi querlM. fGny .~ ~.. aIb....... ~ In\ioIwIf rn moet...... of"- (J M8nagement "... IIf1d P'oJ-* (f...1IIIarneJ warklhops, EM. e..tem LendI ,. Rul'III Fringe. Growth ....,....t Plln.lAnd ~ CDda. ~ ConcUrNnCY....., Trln..... ~ Qevlkapr'lW1t ...... CammunItV Rldtv..OPl'_....... and )wark8d an In"e county ~ ....cy. -...... ttne 8ItarIwJI m.1IIanecf .... ouwa .UGh aIM Ccu1IJ AttarrMIY, ChIlI ANII_ Caun1y Adomey UIch&tII lII_atIt Aaalatant County ~ Thom8I ~. J.....,. H~ and CoIlMn 0....... ~ IrMMd In 1II'at-1'IIlQIrIt fram hWI praftllland UIII __1UGtl . ......... condlllonll UIII. left HIn1I Aal clllmllUch .. VInoOIv. Cocot'll\Qh... IE.. .nd baellClllld rwQUIItlon on NlJplelBey. end ",Ic:Ing-ivM/ng PtIIt.n __..MICIIton *1tur8 will .. ...... ,... from ,..,. __10 flnI dlItnd MNIce. In"" of .... -. .. Caunly AImnIr 0fIIca .tIDma~..1IIIIIIIIt ablff ... __.., tmIIIy.. '.tld... ~. .. 0NiIb'l ~ __ tne"" mem&Iln WfIh lie IegII ~ that IhauId ~ and ......en In. C..n, AJ.omwf Offtae. The foNgolng InfDrmIllan andlMl" ....... EthIcs end Sunllhlne Law work dlleu.1d ..... .. Iu..... IhIIlIhe County Altom-r hila been ..1nIiIgnII.-t of tIw County -atealG Ga8l to Rebuild end ......... Public Tnat. 1.-, P ,I ThI County MarnI>>' wit ....1IIt empM)'" .. p10Mdecf fl-t"-.MnOe ~c-....INS~~" ......-IDW'lhInca ~. Q PloMt II1CIJLI'IIIIII guidanDllrId .~ to...... .Iu wIh f8l&RllID "'dIIrIl~_~ CaIIatq, GaUMIIIing.llS helping ..,..,.... ---- lOb pn:IbIImI- dad'''' ..... ...... a Ill... ......... ...... and dIIIaIIIlCIIII. .............. IWlIrd .....;u. 1tII6J0I..... ........ ~... ;z I- Self AMI,.. of fltoS; Adtan ,... .. deveIopIId will Iliff ... ....1MIIutIIkn .. daM In .. unmer MftUIIfI,. In Idd_ eo...... .",. ~ .W'IIIuIIUcIM. mlltnp .....,. of mrem~.' ... ~ up .... ........ ...... .... per)WW to"'" ...,. ~ from ...., end tD ___ thIIt N,. II I mutual under'II8ndIng of .~IatiGnI. Fran thIU mllllnQl. Im~ ~ coachInG ."dlaI' caunIl8IInQ. to _118m In ~ th8Ir~ 01.... ancIproIeUIOnll~. I 8Ieo ~ .. ~ daar paIIay InS ........... people to..... .~, ....1IIId OOIamI. The "-' Id8u rw fnnovIIINte oh8nIe 8ftCI Of-' ~ &Wilt ma.. atrMng '" ImpnMlllfftcllnclllll. marIIIe. .... .........nIM of the omce. P.4 The ec..n, AIarnIy...... tMt IIUlil11ft1d IIP~. .. ,.".... ancI .11. c:1iId ""........... --....., n,.... dIitIofi. a UNMrliWdtg cf............. 1IIct.-.- g ~.....IIIf....trIIIiDntII ..-Iftd MI. g 1<nowI....,..... ~ rdJtl,-,g PI!.-' or 10 J-. :3 ~ 10-1~-~.1~:45 OHIO URlLEY SIDING 3308932082 Agenda R~d>_ 9H October 24,2006 Page 57 of 57 . . Se'" An8/Y'4 of P.": 9tMd.,ds .. I8t hJQta thrauaft Jim delcrlptlona to 8I1IUI'II1hM the mo.t qUllllfted .,pflclnls .. recruited and '111CIed. Thfa omce hie mefnt81ned I WIY gaad ...-d an _nc.nt rwullment. ''''~ ... ret.IInIton. CurrMIIv wIlttln the Gft'IGe ... ..two (a~ .... CertHJId I'fDrfda ...... CcMmtnInt L-. AttorMyI, dne (3) Certtfred LegII....... ..., two (2) .. ....... who... '''''''In oIher J~.. P.5 The CQunty~wII__'" ~ fa proWIId 10 1tll1te1f1D enure.. the loa'" bIlnQ ~ WItt .. belt.... .....,d ...nlllUDft "J,*, CI enoo.nr.- ~.. III..... ~ 10 .... ..,..lNtrAe. end IIkIII CI ,.... ~ ....,Ing far up... end ~.,r:A..... PllfarmlnalIIY .... 2 ^ Self AnIIIyIiI of P.5: lrHIouae InIIning "'~.lI" ... held ~ 10 keep ...., c:urrIlftI on ". ~, orcIIMnaea. PI&1IaM. encIllGllflDlagialllllChlW1als. AI -.n.,.. ... the ... .. ~ ta IIIIIInd ..... ;111.. pruvilI8a Dr'''' Human ~ ~... ""'" .".,..... kncM1._ _ tdI. ~... .. UIUeIIy grenWS. same~.. nIqUIIwd ID lIU8nd ...,. d... "1M ........ Ntanef5 nllegaI.....1a aI8D PIItiC_ it profIHIonIrIlnd fllartCllBlr -.mn.,.1n IhIIr ~ I!Ir88S or prIICIice. TN FlOIkhI ~" Of COunty AIor.~ lnfc:InnaUan - hot topIce Witt lilt ... ue WIth ~. IegfsI8tIve ....... .rr.cang GaUII1iea and .. opIrUona. Merjor1e Studer........ III . f'reQuInt JIIc1urer on '-nd ... ~ . FIarlde a.r ..rnJneraIhrDughout .. ..la. ~ID11M1J ~ ~ t1:.M. ~7 /h.J. ~ ~4.Jeq t~ ~ ~ . . I .~ r.A"JUr~~ ~ ~ ~:>.J we-A<- n . IJJ~' -t~ ~*~_. -I4~d..tM.~~~hJ~ ~ -,1--'- - , · L t_ -J.J .. .--H_ ~ ~ ~ t....rt.Q ~~ ~ tL':1 /,<< ~ dL~ ~) I~-t. . ~Ao' . I ~~1:k.:, Jj,.. ~ tkt 4 -t...; <t. b.x~ -. ff t p.......4,7k rx ~ ~ 1.Jc.~ ~,7;.4t;. ~~~ , . 7 ~ I ~./;d;;." ( vJ~;u .Jm v.~ (., ~ I j- ~ ~ ~ ~ -1-( '" . . r- - . ~ 8<kL ~"';r 7:; ~ 4 ~ ~ i.;.. r~ ~. PIp 10otlO Agenda Item No. 91 October 24, 2006 Page 1 of 11 EXECUTIVE SUMMARY FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER PARTICIPATING IN THE MEDIATION PROCEDURES WITH THE CLERK OF COURTS TO RESOLVE THE CURRENT CASE NOS. 04-941-CA, 05-953-CA & 05-1506- CA. OBJECTIVE: For the Board of County Commission members to consider participating in the mediation procedures with the Clerk of Courts, at the Clerk of Court's request, to resolve current case nos. 04-941-CA, 05-953-CA and 05-1506-CA. CONSIDERATIONS: On October 6, 2006, a MOTION FOR REFERRAL TO MEDIATION was submitted to Dwight E. Brock, Clerk of Circuit Court of Collier County, Florida, from Jacqueline Williams Hubbard, Assistant County Attorney, Collier County, Florida, on behalf of the Collier County Board of County Commissioners, et al. On Octor 11, 2006, Dwight E. Brock, Clerk of Courts, responded to said motion with the following summation: WHEREFORE DWIGHT E. BROCK, CLERK OF CIRCUIT COURT OF COLLIER COUNTY, FLORIDA, respectfully requests this Court direct mediation to be held with the participation of the entire BOARD OF COUNTY COMMISSIONERS, subject to Florida's _ government in the sunshine law. FISCAL IMPACT: Some additional fiscal impacts beyond the usual costs for mediation may occur due to the required public nature of the mediation, e.g. court reporter costs. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The County Attorney shall take any necessary steps to provide for compliance with the Sunshine Laws and other applicable laws as directed by the Board. RECOMMENDATION: For the BCC members to agree to participate to mediate settlement with the Clerk of Courts of said cases. Prepared by: Commissioner Tom Henning ,- Agenda Item No. 91 October 24, 2006 Page 2 of 11 /:::?"\ IN THE CIRCUIT COURT OF THE TWENTIETII JUDICAL CIRt{fi.h IN AND FOR COLLIER COUNTY, FLORIDA - CIVIL ACTION '- (::) ~ DWIGHT E. BROCK, CLERK OF CIRCUIT ~ COURT OF COLLIER COUNTY, FLORIDA, Plaintiff, v. Case No. 04-941-CA Consolidated with Case No. : 05-953-CA & Case No.: 05-1506-CA BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE OCHOPEE AREA FIRE CONTROL AND EMERGENCY MEDICAL CARE SPECIAL TAXING DISTRICT, A/KJA/ THE OCHOPEE FIRE DISTRICT, a Municipal Services Taxing Unit pursuant to Section 125.01(l)(g), F.S.; LINDA T. SWISHER and PAUL W. WILSON, Defendants. AND BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA, on behalf Of COLLIER COUNTY, a Political Subdivision of the State of Florida, Plaintiff v. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA, Defendant I MOTION FOR REFERRAL TO MEDIATION COMES NOW, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, (hereinafter "County"), and respectfully moves this Court, pursuant to Rule 1.700(a) of the Florida Rules of Civil Procedure, for a referral of the above-referenced matters for a one-day mediation before a mediator approved by the Twentieth Judicial Circuit Court. The trial of these Agenda Item No. 91 October 24, 2006 Page 3 of 11 matters has been set to begin on November 27,2006, or 52 days from today's date. Counsel for Collier County does not request, by this motion, any continuance of the trial date. As grounds for this motion, Collier County states the following: 1. On September 29, 2006, the Court bifurcated the trials in this matter by setting the Quo Warranto action, Case NO. 05-953-CA first, to be followed by the Clerk's action for declaratory relief in Case No. 04-941-CA. 2. Mediation may resolve the issues between the parties or serve to narrow the issues between the parties. 3. Pursuant to Rule 1.720(f) of the Florida Rules of Civil Procedure. within ten (10) days of the order of referral, Collier County shall endeavor to enter into a stipulation with the opposing party to agree to both a mediation date and a mediator. 4. If a referral to mediation is ordered and a date set. and the parties are unable to stipulate to a mediator, the County shall so notify the Court. Upon such notification, the County shall request the Court select a mediator from the list attached hereto as Exhibit "A" pursuant to Rule 1.720(f)(2) of the Florida Rules o/Civil Procedure, so long as any mediator so selected has no conflict relative to any of the parties to the litigation. Respectfully submitted: OFFICE OF THE COUNTY ATTORNEY 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: .j acqueline Williams Hubbard Assistant County Attorney Florida Bar No. 468126 Attorney for Collier County 2 Agenda Item No. 91 October 24, 2006 Page 4 of 11 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was delivered via facsimile transmission and Regular U.S. Mail to the below mentioned on this 6th day of October 2006. 1. Anthony P. Pires, Jr. Esquire Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail N., Suite 200 Naples, Florida 34103 Facsimile: (239) 649-7342 2. David P. Ackerman, Esquire Ackerman, Link & Sartory, P.A. 222 Lakeview A venue, Suite 1250 West Palm Beach, Florida 33401 Facsimile: (561) 838-5305 3. Theodore L. Tripp, Esquire Garvin & Tripp 2532 East First Street P.O. Drawer 2040 Fort Myers, Florida 33902 F- (239) 334-6848 By: 3 . Mealator Keport by Kesldmg County Dispute Resolution Center Mediator Reporting System Page I of3 Agenda Item No. 91 October 24,2006 Page 5 of 11 Main Menu Friday, October, 6, 2006 ""Please note: If a mediator is certified in more than one area of certification there will be a duplicate for that person when running multiple reports. Mediator Type: Circuit Mediator [" "Names and. .A.dc:lr~~ Back Mediator's I Fullname , JOHN T. BLAKEL Y JAMES A. BOATMAN, Jr, LAUREN L. BRODIE FREDERICK J. BUCKLEY JOHN P. CARDILLO MICHAEL J D'AGOSTINO TARA MILLER DANE ROBERT E. DOYLE, Jr. LAWRENCE A. FARESE ALFRED F, GAL, Jr. SALVATORE J, GARDINO Mediator #(types): C=county, F=farnily, R=circuit. D=dependency I Residing I Contact Number , County , 500 KINGS TOWN EJ DRIVE NAPLES, FL Collier 239-261-6092 34102 'tb911 @comcast.net 4001 TAMIAMI TRAIL EJI SUITE 330 NAPLES, Collier 239-263-1480 FL 34103-3060 . COLLIER EJI COURTHOUSE 3301 ColI'er239-774-8909 TAMIAMI TRL E I NAPLES, FL 34112 4031 GULF SHORE EJI BLVDN#95 . NAPLES, FL 34103- Collier 239-434-8475 2676 , 3550 E. TAM/AMI EJ239-774-2229 j:~'i NAPLES, FL Collier 'ohnpcardillo@ckblaw,com 445 COVE TOWER EJ DRIVE APT. 1503 . 239-282-2626 NAPLES, FL 34110- Collier daglaw101@hotmail.com 6504 1100 FIFTH AVE S EJ SUITE 201 NAPLES, Collier 239-643-4338 FL 34102 taramdane@aol.com 1395 PANTHER EJ LANE SUITE 300 Collier 23~-434-4954 NAPLES, FL 34109 roblndoyle@swfla.rr.com 711 5TH AVE S I' '239-213-1973 NAPLES, FL 34102 Colher lafarese@rkmc.com 5405 PARK EJ 239-596-9522 CENTRAL COURT Collier agal@earthli k net NAPLES, FL 34109 n . 488 DAVIS BLVD # EJ239-213-1227 ~~~~APLES, FL Collier salvig17@aol.com 115551 RIDGEWOOD II , Address EXHIBIT I A http://199 .242.69. 70/pls/drc/county Jeport_ multi?P _ I Med#iator Renewal Date 117552 R 112/09/2007 1/18806 CR , 05127/2007 1/10909 FR I 01/2912007 IEJ 01/11/2007 120347 CR I 09/0812008 B 08/02/2006 15154 CR CME ext. 11/21/2006 17939 FR I 05/31/2008 112540 CR I 08/19/2007 15357 R II 04/13/2007 I 119062 CR I 07/28/2008 1546 CFRD I 03/15/2007 I II I 10/6/2006 Mediator Keport by Kesiding County L.C'~II: Il'Me I 239-597-7088 L-J tgarlick@garlaw,com Icollier 11239-261-6555 EJ 239-592-0029 CollIer gatorgrah@aol.com EJI239-254-8115 EJ 239-860-4554 Collier robert@attyhagaman.com EJI239-261-7563 EJ 239-649-5586 Collier molhob@aol.com . 1239-774-2229 Collier wkeith@ckblaw,com EJI239-649-5449 EJ EJ EJ EJ EJ EJI239-793-1333 Collier 1239-594-9572 cp611@aoJ.com Collier 11239-262-5688 Collier 11239-263-2059 Collier 11239-263-2881 THOMAS B. DR SUITE 101 GARLICK NAPLES, FL 34108- 2718 ITHOMAS R. I PO BOX 10 NAPLES, GRADY FL 34106 THOMAS A 1452 GORMICAN GRAHAM, III LANE NAPLES, FL 34110 W. THOMAS 6135 MANCHESTER GRIMM PLACE NAPLES, FL 34110 ROBERT R. 607 MYRTLE RD NAPLES, FL 34108- HAGAMAN 2624 LYNNE HIXON- POST OFFICE BOX HOLLEY 625 NAPLES, FL 34106 WILLIAM P. 4868 W. HOBGOOD BOULEVARD COURT NAPLES, FL 34103 IWlLLlAM D. I Address not shown at I KEITH Mediator's request EDWARD 501 GOODLETTE RD N SUITE D-100 KNAUER NAPLES, FL 34102 1072 GOODLETTE CHERYL KRAUS RD N NAPLES, FL 34102 ELIZABETH V, 3200 N TAMIAMI TRL KRIER SUITE 200 NAPLES, FL 34103 SUITE 501 5150 DAVID E. LEIGH TAMIAMI TRL N NAPLES, FL 34103- 2812 CHRISTOPHER 1059 5TH AVENUE E. MAST NORTH NAPLES, FL 34102 5150 TAMIAMI TRAIL MICHAEL R.N. NORTH SUITE #501 MCDONN ELL NAPLES, FL 34103- 2822 RONALD L. 1570 SHADOWLAWN NAPIER DRIVE NAPLES, FL 34104 /CHERYL R. 1611 GORDONIA RD I PAYNE NAPLES, FL 34108 IDAVID M. 1375 THIRD AVE N I PROLMAN NAPLES, FL 34102 LEONARD P. I 255 8TH ST S I REINA NAPLES, FL 34102 !DAVID L. RICE 1575 FIRST AVENUE I NORTH NAPLES, FL 239-261-7716 cheryl@kblawflorida.com 239-649-6555 evkrier@upl- legaJ.com 239-435-9303 dl48@earthlink,net 239-434-5922 c.e.m,87@comcast.net 239-434-7711 mike@mctriaJ.com Page 2 of3 Agenda TIem No. 91 October 24,2006 Page 6 of 11 02/24/2007 II 06/21/20071 02/10/2008 07/22/2006 CME ext. 11/14/2006 03/22/2007 05/10/2007 I 09102120081 1111/17120071 12/20/2006 03/24/2008 11/13/2006 06/30/2007 07/3012007 04/23/2008 12/03/2007 1112/17/20071 II 02108/2007 I II 02115/2007 I II 09/22/2008 ~ 11620 R 119063 CR I IEJ 1662 CFR I 18 13685 CR 1 15056 R 118082 CR 1 110514 CR I 13815FR 1 16659 CFR I 110133 CR I 1172~ R I IB 110526 R 111891 R /11892 CFR 1120356 CR http://l99.242.69.70/pls/drc/county Jeport_multi?P ~ediator=RM&p_county=ll 10/6/2006 . Mediator Keport by Kesiding County I 1134102 II IIriced@yahoo,com " II J E. RAYMOND 1404 GOODLETTE EJI239-262-8281 IEJ SHOPE RD N NAPLES, FL 12/14/2007 34102 5811 PELICAN BAY EJI239-598-1221 1116066 CR I DONNA TISCH BLVD SUITE 600 02/07/2007 NAPLES, FL 34108 1415 PANTHER EJ 115651 CR I RICHARD B. LANE SUITE 363 239-530-1222 11/15/2006 WINGA TE NAPLES, FL 34109- rbwlaw@earthlink.net 7874 PalZe 3 of 3 Agendaitem 1V0. 91 October 24,2006 Page 7 of 11 Count: 33 http://199.242.69.70/pls/drc/countyJeport_multi?P _ mediator=RM&p _ county=ll 10/6/2006 Agenda Item No, 91 October 24,2006 Page 8 of 11 IN THE CIRCUIT COURT, TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION DWIGHT E. BROCK, CLERK OF CIRCUIT COURT OF COLLIER COUNTY, FLORIDA, Plaintiff, vs. COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida; BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE OCHOPEE AREA FIRE CONTROL AND EMERGENCY MEDICAL CARE SPECIAL TAXING DISTRICT, A/K/A THE OCHOPEE FIRE DISTRICT, a Municipal Services Taxing Unit pursuant to Section 125.01(1)(q), F.S.; LINDA T. SWISHER and PAUL W. WILSON, Defendants. AND BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA, on behalf of COLLIER COUNTY, a Political Subdivision of the State of Florida, Plaintiff, v. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA, Defendant. ) ) ) ) ) } ) )Case No. 04-941-CA Consolidated with ) Case No.: 05-953-CA & ) Case No.: 05-1506-CA ) ) ) ) ) ) ) } ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CLERK'S RESPONSE TO COUNTY'S MOTION FOR REFERRAL TO MEDIATION COMES NOW DWIGHT E. BROCK. CLERK OF THE CIRCUIT COURT OF COLLIER Agenda Item No. 91 October 24, 2006 Page 9 of 11 COUNTY, FLORIDA, and hereby responds to COLLIER COUNTY'S Motion for Referral to Mediation and states as follows: 1. Mr. Brock has long held the belief that mediation was and is an appropriate and valuable tool for dispute resolution, where both sides approach it in good faith. Mr. Brock interprets COLLIER COUNTY'S motion as a gesture of good faith and has no opposition to an Order referring this matter to mediation, under the appropriate circumstances described below. 2. Mr. Brock believes that it is vital that the entire BOARD OF COUNTY COMMISSIONERS participate meaningfully in the mediation process. Mr. Brock does not believe it will be productive to conduct a mediation attended solely by the County Attorney and County Manager alone. Mr. Brock believes that it would be beneficial to the mediation process for all members of the BOARD OF COUNTY COMMISSIONERS to be fully informed as a party and that can only happen if they attend and participate in the process. 3. Mr. Brock recognizes that Florida's government in the sunshine law applies and that at least part of the mediation process needs to be conducted in the open. Mr. Brock would leave it to the mediator to decide which parts of the mediation should be conducted privately with County staff, individual County Commissioners or in a properly noticed and authorized litigation conference before the BOARD OF COUNTY COMMISSIONERS. WHEREFORE DWIGHT E. BROCK, CLERK OF CIRCUIT COURT OF COLLIER COUNTY, FLORIDA, respectfully requests this Court direct mediation to be held with the participation of the entire BOARD OF COUNTY COMMISSIONERS, subject to Florida's government in the sunshine law. Agenda Item No. 91 October 24, 2006 Page 1 0 of 11 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by I "I \ ' (-,- facsimile transmittal and regular United States Mail, this I ~- day of October, 2006, to: Jacqueline W. Hubbard, Esq., Assistant County Attorney, 3301 Tamiami Trail East, Naples, FL 34112; David Ackerman, Esq., 222 Lakeview Ave, Suite 1250, West Palm Beach, Florida 33401, Eric J. Vasquez, ESQ., 900 6th Ave. South, Naples, FL 34102, Yale T. Freeman, ESQ., 2325 Stanford Court, Naples, FL 34112, and Theodore L. Tripp, Jr., P.O. Box 2040, Fort Myers, Florida 33902. Respectfully submitted, WOODWARD, PIRES &. LOMBARDO, P.A. 3200 Tamiami Trail North, Suite 200 Naples, Florida 34103 (239) 649-6555 Facsimile (239) 649-7342 ~~ ~-~;-, ~~----_._,._--- ~~ ?-~~ Steven V. BIOUnCEsq."' Florida. Bar No. 68470 Anthony P. Pires, Jr., ESQ. Florida Bar No.: 203671 Attorneys for Dwight E. Brock in Case No.: 04-941-CA By: By: Ackerman, Link &. Sartory, P.A. 222 Lakeview Ave, Suite 1250 West Palm Beach, Florida 33401 (561) 838-4100 Fax: (561) 838-5305 (J1lt~_ David P. Ackerman, ESQ. Florida Bar No.: 374350 Attorney for Dwight E. Brock in Case No.: 05-953-CA & Case No.: 05-1506-CA Agenda Item No. 91 October 24,2006 Page 11 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 91 Meeting Data: For the Board of County Commissioners to consider participating in the medIation procedures with the Clerk of Courts to resolve the current case nos 04-941-CA. 05-953-CA & 05-1506- CA. 10/24/20069:00:00 AM Prepared By Sam Tucker Board of County Commissioners Executive Aide to the BCe Dale Bce Office 10118120063:55:07 PM Approved By Sue Filson Board of County Commissioners ExecutivE! Manager to the BCe Date BCC Office 10118120063:59 PM Approved By James V. Mudd County Manager Date Board of Counly Commissioners County Manager's Office 10/18120064:48 PM Agenda Item No. 10A October 24,2006 Page 1 of 79 EXECUTIVE SUMMARY Recommendation to adopt a superseding resolution authorizing the fee simple and easement acquisition of property by condemnation for the purpose of constructing stormwater improvements to alleviate flooding in the East Naples area known as Phase One of the Lely Area Stormwater Improvement Project (LASIP). Fiscal Impact $1,838,000 (Project 511012) OBJECTIVE: To approve a superseding resolution authorizing the condemnation of fee simple or easement interests as are necessary for the construction of drainage and retention improvements within the area referred to as Phase I of the Lely Area Stormwater Improvement Project (LASIP). CONSIDERATIONS: On May 9th, 2006, the Board of County Commissioners of Collier County, Florida, adopted Resolution No. 2006-123, finding public purpose and necessity and authorizing the condemnation of fee simple title interests and/or those perpetual or temporary easement interests required for the construction of the LASIP. It was recently discovered that the original sketches and accompanying legal descriptions attached to Resolution No. 2006-123 contained errors in folio number references, directional bearings and parcel numbering and titles. This superseding condemnation resolution is done to correct the errors and avoid any confusion as to the parcel identification. These errors may be corrected through the adoption of a superseding condemnation resolution without affect to the weight or relevance of the Board's prior decisions. The validity of the facts, findings and conclusions presented in the attached project memorandum dated April 11, 2006, from Daniel W. Brundage, P.E., a principal with the finn of Agnoli, Barber and Brundage, Inc., the consultant engineering firm designing and permitting the LASIP project, as well as those presented in the memorandum from Transportation Administrator, Norman Feder, to County Manager, James Mudd, remains unchanged. LASIP encompasses an area of approxin1ately seventeen (17) square miles located in East Naples. The land throughout East Naples which is included within the limits of LASIP is an area that is almost fully developed and includes a mix of residential, commercial and light industrial use properties. During a Board meeting on February 4, 1992, Resolution 92-518 was approved to accept a progress report outlining the proposed capital improvements to be made in the Lely Canal and Lely Manor Basins (now inclusive within LASIP). In 2003 the Board approved Resolution 2003-238, accepting the land and easements donated to Collier County specifically within the LASIP area. Again in 2004, Resolution 2004-205 was more comprehensively drafted and approved to accept all donations and parcels acquired by willing sellers for the sole purpose of constructing drainage improvement and retention ponds. ,~-.... The Board of County Commissioners has clearly stated their concern over the extreme flooding issues during the rainy season in the East Naples area. Through the Board's support over the past years, as funding became available, county staff acquired 18 easements and/or parcels Agenda Item No. 10A October 24,2006 Page 2 of 79 within Phases I, III, and IV, by either purchase, gift or donation. Staff continues to work diligently to acquire the additional areas required within all sections of Phase I. Over the years, staff has negotiated with property owners in Phase I to purchase easements and/or parcels necessary for the project. It now appears that some easements and/or parcels may need to be acquired under threat of condemnation. The Board was advised that the funds in the Fiscal Year 2004 and Fiscal Year 2005 budget were for land acquisition, completion of permitting efforts and engineering support. Funds are currently available to purchase and/or condemn these parcels and to begin construction of specific sections of Phase I. .- This stormwater project has been in the design and permitting phase for 16 years. During this period, a significant amount of time and effort was spent on analyzing dozens of considerations resulting in LASIP's fmal alignment. This alignment is based on the natural overland flow of stormwater working in concert with existing wetlands as well as existing ditches and canals constructed many years ago. The majority of this final alignment is in the same location as the existing ditches and canals. LASIP will deepen and widen these existing facilities providing the ability to convey stormwater in the rainy season and to retain stormwater in the dry season. The natural direction of sheet flow in the LASIP area is in a generally southwest direction toward the coastal zone and the headwaters of Sandhill and Rookery Bays. Nearly all of the existing conveyance ditches and public canals previously constructed within the LASIP area since the 1950's have been "designed" to convey water to the south and to the west. Sixteen years of analysis has revealed that the most viable approach to construct storm water improvements within the area is to follow these existing conveyance alignments. Since the entire LASIP area is virtually at "build-out," any alternative alignment would have serious negative and costly real estate impacts. The only practical method for increasing stormwater discharge and alleviating flooding was to widen the existing ditches and canals. The choice of real property interest and easement width is driven by cost considerations. The parcels described in Exhibit "A" represent the least costly impacts to affected real estate, without impacting the actual cost of the project's construction. State and Federal permits necessary to begin construction have been issued and a construction phasing plan has been established (see Exhibit "A"). This plan shows six (6) overall construction phases for a total estimated cost of $61.4 million dollars. Phase I construction will begin in 2006 and continue into 2007. Phase I is currently planned as an aggressive effort with construction of various sections of the system located throughout the project area. The Phase I sections are: 1. The deepening and widening of a portion of approximately 5,200 feet of the existing Lely Branch Canal from Rattlesnake Hammock Road north to the southeast comer of the Kings Lake Community. Improvements to this section of canal may be completed in two stages contingent on budget constraints and working during the dry season. ~ 2. Restoration of 109 acres of property purchased adjacent to Collier Boulevard, located immediately north of the Naples Lakes Development, as required mitigation by the South Florida Water Management District and the Army Corps of Engineers following the project's 16- year long environmental permitting process. 3. Construction of LASIP components associated with the four laning of County Barn Road. This includes approximately 6,600 feet of box culvert and 4,300 feet of open ditch. Agenda Item No. 10A October 24, 2006 Page 3 of 79 4. Construction of LASIP components associated with the Rattlesnake Hammock Road Improvement Project. This includes approximately 3,500 feet of box culvert. LASIP sections planned to commence construction in 2007 and 2008 requiring easements which are the subject of this condemnation resolution are: 1. The deepening and widening of approximately 1,900 feet of the Lely Main Canal from the north side of US 41 to the south side of Rattlesnake Hammock Road. 2. Construction of the Treviso Bay (FKA Wentworth Estates) Lely Manor East Outfall Canal, approximately 7, I 00 feet in length. This includes a seven (7) acre spreader lake located at the downstream (southern) end of the project and a stormwater pumping station located at approximately the canal's midpoint. The pumping station will lift surface water out of the canal and direct it into a wetland located on Treviso Bay property with an ultimate discharge into Rookery Bay National Estuarine Research Reserve. .,...."l.... Construction of LASIP components associated with the Santa Barbara Boulevard Extension Project from Davis Boulevard south to Rattlesnake Hammock Road is also currently planned to commence in 2007 and 2008. This includes excavation of a new canal adjacent to the northeast comer of the Royal Wood Development, swale reconstruction along the north side of Country Road, Whitaker Road and a portion of Cope Lane, construction of approximately 1,900 feet of box culvert along the northwest side of the Royal Wood Development, and construction of several water control structures. Easements necessary for construction of these components will be addressed as part of the Santa Barbara Boulevard Extension Project. A total of 36 easements and/or entire parcels remain to be acquired in order to construct these two LASIP elements described above (see Exhibits "B", "B-1" and "B-2"). Ten (10) easements or parcels necessary have been acquired to date. Also, a significant number of drainage easements (five of the 36 remaining parcels) are being donated to Collier County by VK Development Corporation in coordination with review and approval of the Treviso Bay Development. The subject of this Condemnation Resolution is the remaining 31 easements/parcels yet to be acquired. The exhibits identify the location of all the subject parcels required. The ten (10) parcels already acquired are distinguished by additional shading. No additional parcels or easements are required to begin construction on the Lely Branch Canal located north of Rattlesnake Hammock Road. Work is planned to begin here immediately following the 2006 ramy season. All parcels proposed to be acquired will be utilized for construction of canals, lakes, and/or access and maintenance travel-ways. No homes or buildings will be taken by acquiring any of these parcels. All of the subject parcels located in the Naples Gateway Estates area adjacent to the south half of the Treviso Bay East Outfall Canal are vacant, unimproved parcels. ,......_'" Negotiations have continued with the owners of all remaining subject parcels. At least two (2) parcels are expected to be donated. At this time, it is estimated that only six to ten (6-10) of the remaining parcels will require condemnation due to either unwilling sellers or clouds on titles, which would best be acquired by condemnation. Although the resolution addresses all the Agenda Item No. 10A October 24, 2006 Page 4 of 79 required parcels, condemnation proceedings can move forward in stages if necessary. Sketches and descriptions of all subject parcels together comprise Exhibit "A" to the Condemnation Resolution. A project memorandum dated April 11, 2006, from Daniel W. Brundage, P.E., a principal with the fIrm of Agnoli, Barber and Brundage, Inc., the consultant engineering fIrm designing and permitting the LASIP project, has been attached to this executive summary as Exhibit "C." In addition, a memorandum from Transportation Administrator, Norman Feder, to County Manager, James Mudd, is attached as Exhibit "D" to this executive summary. Together these memoranda outline the history of the stormwater problems in the Lely Area Stormwater Improvement Project area, the efforts needed to solve the problems, and the alternate methods considered. FISCAL IMPACT: Should condemnation of all of the parcels described in the Condemnation Resolution become necessary, the total cost could approach $1,838,000. This would include not only the value of the land, but the attorney and expert witness fees for which the county is responsible under Sections 73.091 and 73.092, F.S. Funds in the amount of $1,378,000 are currently available in Funds 301 and 325 under the Lely Area Stormwater Improvement Project, Project No. 511012. The balance of funds necessary will be programmed into the project as the multi-year condemnation acquisition effort proceeds. Source of funds is Ad Valorem taxes. GROWTH MANAGEMENT IMPACT: County's Growth Management Plan. This recommendation is consistent with the RECOMMENDATION: Staff recommends that the Board of County Commissioners: 1) Adopt the attached Resolution authorizing the condemnation of the parcels described in Exhibit "A" thereto and authorize the Chairman to execute same on behalf of the Board; 2) Direct staff to complete all tasks required to acquire the necessary parcels; and 3) Approve any budget amendments necessary to implement the collective will of the Board. Prepared By: Gerald N. Kurtz, P.E., Principal Project Manager, Stormwater Management Department, Transportation Services Division Attachments: (1) Exhibit "A" - (LASIP Construction Phasing Plan); (2) Exhibit "B", "B-1", and "B-2" (Project Location Map and Acquisition Maps); (3) Exhibit "c" (Memorandum dated April 11, 2006 from Daniel W. Brundage to Jerry Kurtz) (4) Exhibit "D" Memorandum dated April 3, 2006 from Norman Feder to James Mudd (with Attachments), (5) Condemnation Resolution (with composite Exhibit "A") Item Number: Item Summary: Meeting Date: Agenda Item No. 10A October 24, 2006 Page 5 of 79 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10A This Item was continued from the September 26, 2006 BCC meeting, Recommendation to adopt a superseding resolution authorizing the fee simple and easement acqUIsition of property by condemnation for the purpose of constructing stormwater improvements to alleviate flooding In the East Naples area known as Phase One of the Lely Area Stormwater Improvement Project (LASIP), Fiscallmpsct $1,838,000 (Project 511012), (Gene Calvert, Director, Transportalion/Stormwater Management) 1012412006 9:00,00 AM Right Of Way Coordinator Date Prepered By Lorraine Lantz Transportation Services TEeM-ROW 9/11/2006 9:19:37 AM Kevin Hendricks Right Of Way Acquisition Manager Date Approved By Transportation Services TEeM.ROW 10/9/2006 1 :59 PM Eugene Calvert Dale Approved By Transportations Services Principal Project Manager Transportation Engineering and Construction Management 10/9/2006 3:49 PM Assistant County Attorney Date Approved By Heidi F. Ashton County Attorney County A ttomey Office 10/9120064:15 PM Norm E. Feder, AICP Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin. 10/10/200611:13 AM Gerald Kurtz Senior Engineer Date Approved By Transportation Services Stormwater Management 10/10J2006 12:46 PM Sharon Newman Accounting Supervisor Date Approved By Transportation Services Transportation Services Admin 10/10/20063:49 PM Approved By Najeh Ahmad Transportation Services Director Date Transportation Engineering & Construction Management 10/11/20061 :55 PM Pat Lehnhard Executive Secretary Date Approved By Transportation Services Transportation Services Admin 10J11/2006 2:13 PM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 10/11/20062:37 PM Approved By Susan Usher County Manager's Office Senior ManagementlBudget Analyst Date Office of Management & Budget 10/13/20061 :56 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 10/16120061:30 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1 0116J2006 2:08 PM Agenda Item No. A October 24,2 06 Page 6 0 79 RESOLUTION NO. 2006-_ A RESOLUTION AUTHORIZING THE CONDEMNATION OF FEE SIMPLE INTERESTS AND PERPETUAL, NON-EXCLUSIVE EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE PURPOSE OF CONSTRUCTING STORMW A TER IMPROVEMENTS KNOWN AS PHASE ONE OF THE LEL Y AREA STORMW A TER IMPROVEMENT PROJECT LOCATED IN EAST NAPLES WHEREAS, the Board of County Commissioners desires to improve the treatment and control of stonnwater in the East Naples Area in order to alleviate flooding; and WHEREAS, the Lely Area Stonnwater Improvement Project consists of improvements to an existing drainage system for an 11,100 acre plus or minus area loeated in East Naples; and WHEREAS, the drainage improvements as part of the Lely Area Stormwater Improvement Project include the widening and deepening of existing canals and ditches, constructing new canals, constructing new surlace water control structures (weirs), improving existing surlace water control structures, constructing spreader lakes and berms, and constructing a pump station; and WHEREAS, the Lely Area Stormwater Improvement Project (CIE Project No, 291) is in accordanee with both the Capital Improvement Element and Drainage Sub-element of the Growth Management Plan; and WHEREAS, the real estate interests necessary for construction of the proposed improvements are 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 the 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 it is necessary and in the public's best interest to acquire the property described in Exhibit "A" (the "Property") for the purpose of constructing the improvements proposed as part of the Lely Area Stonnwater Improvement Project located in East Naples, and for providing access to the improvements, in order to protect the health, safety and welfare of the citizens of Collier County, ---I Agenda Item No. A October 24,2 6 Page 7 0 9 AND IT IS FURTHER RESOLVED that acquisition of the Property and construction upon the Property is part of the County's long range planning effort to alleviate flooding in the East Naples area. AND IT IS FURTHER RESOL YED that the Board has reviewed the staff reports concerning alternative locations for the project, various impacts to the environment, public safety and welfare considerations associated with the design and construction of the project, and the costs associated with the design, property rights acquisition, and construction of the project; and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that the real estate interests described in Exhibit "A" attached hereto and incorporated herein are necessary for the construction of the Lely Area Stormwater Improvement Project. AND IT IS FURTHER RESOLVED that all of the 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 "An, attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the Property and therefore it will not be necessary to remove any mobile homes from the Property to be acquired. This Resolution, adopted on this _ day of , 2006, after motion. second and majority vote supersedes and replaces Resolution No. 2006-123. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRANK HALAS, Chairman Approved as to form and legal ufficiency: I rl'-- H idi F, Ashton Assistant County Attorney Page 2 of 2 , .... Agenda Item No, October 24, 2 age 8 0 FEE SIMPLE IT' A lNTEREST EXHIB ..a- P.-L~~ PROJECT NO. 511012 PROJECT PARCEL NO. 101 FOLIO NO. 00442080002 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) lot 29, Block B, a tract of land locafed In the Northwest Quarter (NW 14 ) of Section 32, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commencing at the West Quarter (1/4) Corner of Section 32, run N 02'48'30" E a distance of 150.91 feet along the West line of the NW 14 of Section 32; thence run N 59'57'30" E a distance of 356.78 feet to the Point of Beginning of the parcel of land hereinafter described: 'Thence run N 02'48'30" E a distance of 176.36 feet; thence rUn S 89'38' 10" E a distance of 292.74 feet; thence rUn S 59'57'30" W a distance of 348.14 feello the Point of Beginning, COntaining 25.790 Sq. Feet:. more 'or less. AND lot 43, BlOck B, a tract of land located in the Northwest Quarter (NW '" ) of Section 32, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: CommenCing at the West Quarter (1/4) Corner of Section 32, run N 02'48'30' E a distance of 150.91 feet along the West line of the NW 14 of Section 32 to fhe Point of Beginning of the parcel of land hereinafter descrIbed: Thence Continue N 02"48'30" E along the West line of Section 32 a distance of 207.09 feet; thence run S 89'38'10" E a distance of 300.00 feet; thence rUn S 02"48'30' W a distance of 26. 36 feet; thence rUn S 59'57'30" W a distance of 356.78 feelto the Point of Be9inning. Cont<Urlng 34.986 Sq. Fee more or less. WEST LINE OF SECTION 32 LOT 43 N SKETCH NOT TO SCALE . I comar County T,anspoHallon En~ineerjng and Cons~uctlon Managemani Department 12/20/053:06 PM A 6 9 EXHIBIT ...L pegeL.- 01.5.2.. Agenda Item No A Octeber 24 2 6 Page 9 0 9 ~ ::I i ~ I'll I I 1\ 1'1 ~I I I if I J I ~ ",I I i co, I I I 2 I I / ~ 1'1 I~ ~ rl I I i I I 2 -l>- I I rl q, I " I-. I-r:: i f I , I ~ I I 1 (I) III I I I ~ ~,iT1 ~ I IV j I , I-" ~~ I I I iO .... f I I ~~ rl I I ~ 1 01 I II ;! ~ II I q, I Z !=' I [It- f'1 I rr1m q " I ~~ I I I I r r c: I I N ~ z I I ,.., I I I ~U I ~ ~ F;; I . . Z 9 9 ~ c I ::c z / fT1 Z (f) ~ '" I ~ Q) CD (J) 0. I I r ~ ~ ~ fT1 I / . co AI U'1 ...: - I '" 4>- Z , ,G"l I :EfT! I I ~ ~ (') til~ en ril Sol>:;!! ~ ~m~ '" 8:' > ~ c: ~ ;;i ..... z pi p ~ ~ '" '-" I+- ...., l/~ I: ~ j!~ t'-' ;-> :u 0 Cl ~ ~ fT1 Z !D fT! fT1 Z ;:u II Ul )> 6 Z -u z 0 Ul Z 0 0 --i ~ )- M ::0 )> fT1 ~ 0 .." Z Ul .." fT1 ,.., G"l ~ Z z )- Z z p 0 0 ,.., 0 ~ )> r Ul ~ ::I: fT1 ::0 8 ;T1 U'l ~ r r;t ~ ~ o 0. EXHIBIT A Peoe--3..- of 5 7 238 (")""8 ~;:; ~ g; ~ til .....:>:>..., ('):0: :....tI1.- ~tI1 ~~ ~oto ~ ~ :>:> r'\"r1 t-< "r1 '-" tI1Cl dog 0"" L" "r1:>;: t"' ~ ClR- :..: .'-' r" t"' ~~ ",00 ill.?>- 0,,< ~ tI10 "..00 :"~9 ~V; '" ~~ til'" ~ .'" " :;:.0 t-' "..;: Cl"" .,,:.; ;;j~ o ..., tI1 <: ~:i2;';:: ,,~ 9 ~Si :.;:>:> 0..,,9 mo tti :;;:~ t; ~:;; "tI1 ?,-:;:.- ~.." ~ '" rn0 R;~ ..., ~ 63::;J ~ :>:> . ~;>;;l [j t;; :6t-< .'" "'0 :.;tI1 '-" ;j"r1 ~;:l ;g ~ .,,~~ _t-< ~"<t-< ~ ('):.; .w~ ~~ ...,~ Q8" ;;j ~ ~~ ~~ t-<~~ d "'~ ~tI1 ~"< ~ ~~ ~ ~~ w:.; '. .... o ::d~ V) ~tI1 .00 ~ '" .....c::::::j :>> o tI1 t:1 @3 ",0 (')0 8~ "r1.'-" ~ :::jz ...,:.; ~ ~ 1:;f;] ~ R b; ,....~HC .;~~_.."~ . ~l:.? "'0 '" ~ i3Ei ~ ~ ,,' '. "-~;' :i::: '" c:: :;;; rn ec:1i""''!'l'~' ,~~.~. (') Cl Z ~ , 1;j..., 0 , 0 (')0 '" '.:')";i''-':~: , o 5J ~ ...... 1:; tTl ~ "'." ..' '. ot-' "< .,,:.; w . ' ..., ~ c', .,. " , ~ J" O. ~, () , , '.~',J'" ..., 0 0 :<: 1/1 -I :>J1/1 c^ 0", tl:l ::l-; tzj 00 ~ ZI R" rTl> >z 01/10 o~o ~rr1rtl -zl/1 1'1-10 ;JJ ;JJ ~ 01 =u VJ o~ -I -j cZo 0 z(;)z ;U -I- s:: -<z 0 . 1/1..... ~ ....."'> )> 50 ---1 :::0:=1....... ITl 60 u: ;U )~ >z . -I s:: Nf'l ""S:: )> -0 Z -10 )> U1;JJ 0> Cl y>;JJ rrI ;JJ-< s:: N ITl Q) z :'l -j N Agenda Item No October 24 '2 Page 100 A 6 9 EXHIBIT ...6- page...L of..s:.2. ~ t-> ;- -0 -0 o 0 o !n II II -0 -0 o 0 ~ ~ ~ ~ z () lD ." 0"""" ~ ~ ~ i"1 Z )> ~ z z ,.., 0 0 :;:: i"1 Z ;-l :::; !: ~ rr1 '" '" o 0 r- Rl Rl ~ ~ :i! rr1 j;! lD r- ,.., Z tIl 00 00 to 1.0 ul ul lD 00 -.,J i"1 :; ~ ~ ., ~ z G) :;: ,.., 5' ~ a::::::::: ~ t? = ::: ......... g ~ ~ ~ =~;;;;I;l; 0':'1 g 0'.. =- eq lj :~.!!.~~ :"~,, ~-~ <=> '::D'~-- I..U t"4 ~GgS'8 ~ .... a.!l-. ,,> ~r~.~ ~ PI' t;l ~o ... z' .."" Ii! ~ l[ ~fl I;j:; i ~ "'8 . ~ ~"l.f-O a.' R- a..g ~.... Cl~i g d;;' Q. :~i ~ ;sq ~~~ ..;<;1: ;;! .<>. " ill ~ii II! !ll* ~- ... o G'l ~ S2 ,." ,." Bj ~ 6 r- z Z tIl 0 )> :;'j Rl <Q o ,." () f: ~ (f) :i! ,." ;u ,." o :'1 () o Z tIl -i ;U(f) c^ (),." =,-i 00 z::J: fTl)> )>z ()~ 0 0:;::0 E~~ ~--jg ()~ =u Ie oz:;:j I'" ~0~ -<- -<Z 0 '0.'" ~ ..,,~)> '0 ~='''' 60Q )>z '",r;:! "':;:: -0 ~~ p:~ ;u-< '" '" f'l 8 ~ gg- ~ ~a~ ~~..~ II :u <5 Vi o. '" o o '" ~'It C 0 Q.. 0: ~I~g ~ 0 ~ ..~o.~~~~ ..0' r 0,)>8-:;::" OJ CII "C CD m....l. ~...., 0 6~o ~~ '(5" -...J ... =:et::f ~ N ....~ I: ~ ~ ~ ~Q m >(1) ~ 0' ~ :l o o r C rr1 ::0 o o c z ~ -< Vl ~ o ::0 s:: ::E )> ni ;;0 z o -i )> U) C :::0 < rr1 -< Co s:: )> Z )> G") rr1 s:: rr1 Z ~ 2 =l z P ... l' ~ ;-l J: --. r ( ~ :::I ~ i m z 2 ~ ~ z >- ~ ~ ... CO e Agenda Item No. A October 24, 2 6 Page 11 0 9 I 1 I I J III (') :::I ~ I~ I~ Ie... ..J~ 1130' I-~ Ill' I I I III ~I I I I g ~I I I ~ ~I I I I ~ ~ I I I I ~ I J I ~ I I I c II~ i!ii I I I I"tI II I~ I I I , I IB I ~;;g I l I I~ I I I~' I I I~ 01 I I j~ I q, I I Ie; I ~ I ~ ILl i I . !!: ! -,~~~'~~I ! --~ i )~II-: i ~~ Ii I ! 15 r1 f-, I ~ ., I, I 8 g....J' r I "tJ . I I I tu~llI I I e... gr- I . > 0 "tIjd"'.... I I I :{Iltu'" I I , CD. I I I I ~ I I I I ~ // I I "'"tIrN- ! ~I I I I ..... , I I f~~1 I , o~!6~ I I I I ~~~I!. I I I -rt=-<"-lll I ;-I~~II I .!:!:. q, I' I J I I I I m----12~1 f ~ O:;jf ~~ !2~ ....-< -4 '~ Ii tIl o )> , ~ ~ , o q ~ ~ ~ EXHIBIT A Peoe...L. 0i57 Agenda Item No October 24, 2 Page 120 A 6 9 "'Cl 8~8 S~ Sij~ 3i ~~~ ~~ ~~ c;'jlll> Oc;'j 8~~ ~~ .11 ~... ~ ~.~ ."" '" $) 0-.:: '" t:l;!: :,j~ ~i ?;: ~~ J:oil:;l ~ i@ i~ ~~~ fi1 ~ ""P t..; ~ i .?- ~.- n~ ~~ ~~ i~ . ~ ~~~ ~ ~~ ~~ ~~ ~ ~~ ....c ~t;j ~8~ ~o &jtil ~F! ~'" ~~ .=:1-.:: ~"'~ f% Sij~ Yo:" .~ o;;:J ~ .~~ m to.>;;j ~~ ~.'" t;l~ ~ ~~ ~8 r;; ~ !;l ",,0 ~ ~ ~ ' .'1 ~~ ~ I ~~ 19 ...'-_.... ". ", ~~ I ........ '~!..,' J'~- '. . " . 40......~...(]... "'''' . ~..,......t. Sij~ "< ~ ~ ~ ~ '. -" ,\ . , I, ~)~ <II... ~ ". r ~ ~ :::::.... ! p ~ m' =....==== 5> ~ ~ lZ .:::..... ~':! s 5' ...~~ : Ii ~ ,...\.U~ . 8 - 1.-U:Ii' i<.l :nS''' ~ :>:l oZ . . Ii ~...... 1:0 I'"' Erg N~'Z tzj ....... !~?~~ ~ ~",.. i\ i<.l 11:' ~ l8 JI' .!"J ~~;'"2.~ ,. _8 !:>> fijli[ 6 CotO ro ;~:;J i.1 ....r; . d: p,o Do.Z _ :~~g t1" Q. g!::,-~ QIIIl. to ......'!, = ;I~ :J ~t1~ :5~~ rt : o o Z III --<Ill ;0:>; cm ~;:! 6:1: Z> rrJz >0 olJl 0 ~~ G? ,-rrJ 0 r;;z ;0 ;0--< - or- ~ 0::$0 cZz zG} -1- 0 ;<z'T] ."lJl> r~/'V ~::!q ~~M ''''1fi "'0 -1;0 lJ1> 0;0 Yl-< ;0 '" en !'1 (") o c Z --I --< (f) --I o ;;0 s:: ~ )> --I f'l ::0 ;;::: )> z )> C) f'l s:: fTl Z --I z o -l P (J) C ;0 < I'l --< a: '" en ..0" '" Agenda Item No. A6 October 24, 2 130 9 FEE SIMPLE fNTEREST PROJECT NO. 511012 PROJECT PARCEL NO. 105 FOLIO NO. 00445200009 EXHIBIT ...6..... Pege~ of..s:l.. LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THAT CERTAIN PARCEL OF LAND located in the Northwest Quarter (NW %) of Section 32, Township 50 South, Range 26 East, Collier County, Florida, more particularly described as follows: . The South 150 feet of the North 2,100 feet of the West 300 feet of said Section 32. Containmg 45.000 Sq. Fees more 0:11 less. J WEST UNE OF SECTION 32 3nn F'"t 150 FEET N SKeTCH NOTTO SCALE lolller County Transportation Engineering and Conslrucllon Management Departmant 12120/05 3:32 PM Agenda Item No. A October 24,2 06 Page 14 0 79 PROJECT NO. 511012 PROJECT PARCEL NO. 801 EXHIBIT ~ FOLlO NO. 60780040003 Page...:L of~ LEGAL DESCRJPTJON & SKETCH ---.... (NOT A SURVEY) A PERPETUAL, NON~EXCLUSIVE, DRAINAGE EASEMENT, MORE PARTICULARLY DESCRIBED AS FOLLWS: THE WEST 30 FEET OF LOT 1, BLOCK "A," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLliER COUNTY, FLORIDA i . Containing 16.515 Sq. Feet/more or less. 30 FEET LOT 1 ( BLOCK "A" ) N PERPETuAL. NON-EXCLUSlVE DRAINAGE EASEMENT SKETCH NOT TO SCALE Collier CounlyTransportallon Engineering and Conslruction Management Department 041061064:09 PM Agenda Item No. A6 October 24, 2 Page 15 0 9 EXHIBIT ...6... hge..L of...s:l, PROJECT NO, 511012 PROJECT PARCEL NO. 802 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A PERPETUAL, NON-EXCLUSIVE, DRAINAGE EASEMENT, MORE PARTICULARLY DESCRIBED AS FOLLWS: THE WEST 30 FEET OF LOT 1, BLOCK "B," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Containing 16,515 Sq. Fee)- more or less. 30 FEET LOT 1 ( BLOCK "B" ) N , PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT SKETCH NOTTO SCALE Collier County Transportation Englneel1ng and Cons~uctlon Management Department 04/06/064:09 PM Agenda Item No. A October 24,2 06 Page 160 79 PROJECT NO. 511012 EXHIBIT-L PROJECT PARCEL NO. 803 FOLIO NO. 60782320006 Pttge-1- of~ LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A PERPETUAL, NON-EXCLUSIVE, DRAINAGE EASEMENT, MORE PARTICULARLY DESCRIBED AS FOLLWS: THE WEST 30 FEET OF LOT 1, BLOCK "Co" MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Containing 13,980 Sq. Feet/more or less. 30 FEET LOT 1 ( BLOCK "C" ) N PERPETUAL, NON-EXCLUSIVE . DAAINAGE EASEMENT SKETCH NOTTO SCALE Collier County Transportation Engineering and Conslruction Management Department 04l0Bl06 4:10PM Agenda Item No. A6 October 24,2 Page 17 0 9 EXHIBIT ..lL P...J1Lof~ LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) PROJECT NO. 511012 PROJECT PARCEL NO. 804 FOLIO NO. 60784520008 A PERPETUAL, NON~EXCLUS[VE, DRAINAGE EASEMENT, MORE PARTICULARLY DESCRIBED AS FOLLWS: THE WEST 30 FEET OF LOT 31, BLOCK "E," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Containing 6,155 Sq. Feet/more or less. 30 FEET LOT 31 N PERPETUAL, NON-EXCLUS/VE DRAINAGE EASEMENT SKETCH NOTTO SCALE Collier County Tran~portaUon Engineering and Construction Management Department 041081064:10 PM PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMlAMr TRAIL NAPLES, FLORIDA 34112' (941) 774-8192 Agenda Item No. g~ I'> 24, 2 fJ6 Pag 180 179 P.O.B. NW COR. SEC. 32, TvVP. 50S, RGE. 26E SKETCH OF DESCRIPTION NOT A SURVEY S 89.038'10" E PROJECT 51 lot;L PARCEL _'..:.< Boo fOLIO 00.-4.., c, 2..8oo9S" s: b <':I Co ~ N C/) 300.00' EXHIBIT ~ Page -LL ot.....s::z.. P.O.B. I ~~~ '<t ~ I N (/,) PARCEL, . B08 TAX PARCEL 52 UJ . ~g co . "to o l,() NT- Z N 89038'10" W 300.00' 300.00' ~~U8NE LEGAL DESCRIPTION THE WEST 60 FEET OF THE FOllOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAsT, COLLIER COUNTY, FLORIDA; THEN CE S 02048'300 W ALONG THE WEST LINE OF SAID SECTION 32 450.00 FEEYTO THE POINT OF BEGINNING; THENCE CONTINUE S 020,,",.. W 150.00 FEEl"; THENCE S,,038'10" E 300.00 FEEl"; THENCE N 020"",,, E 150.00 FEET; THENCE N "038'10" W 300.00' TO THE POINT OF BEGINNING. Containing 9.000.Sgo=Feet/more or less. GENERAL.NOTES 1) P.O.c." POINT OF COMMENCEMENT 2) P.O.B." POJNTOF BEGINNING 3) SEC. :: SECTj~N 4) TWP. '" TOWNSHIP 5) RGE. '" RANGE . 6) R1W" RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALlD UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR SCALI:. " . ~REP ED BY-:,. .'. ~:.'. '. ....~....;,.... ... "''- .1.\ .fJ(.' 'i" .".' . <.:.r:".~;':0". /J' CO '---~-~~';;:;7.,.-_,i~_._..______. . GEORGE. R..RICHMONO. PLS;,2406 . COLLIER COUN"P('PUSL:I~>WORKS 330'1 E. TAfv1.IAMl~1=~rJ2:l" . y,:. NAPLES,:FLO~j'QA~4'{1.?:. :.' '.. . .- ;~:(',...~~n.~~ .... '. . ' ." ~. -', " . NOT TO SCALE DATE FI~~ ~o':_'_;Jo" GWY817 JUNE 8, 2000 SHEET 1 OF 1 PUBLIC woRKs ENGlNEERlNG DEPARTMENT 3301 EAST TAMlAM:I TRAIL NAFLES, FLORIDA 34112 (941) 774~81.92 Agenda Item No. ~ 24,2 Pag 19 0 9 SKETCH OF DESCRIPTION SilO//... Not A SURVEY PROJECT ..~,. 809 P.O.B. NW COR. SEC. 32, PARCEL '_.." 1WP ;sos, RGE. 26E F OL 10 004 4 -.s"2 Do<>a S: b >"l o:l, :"" "l CI) S 89038'10" E 300.00' EXHIBITA P.age.J2- O,...s:z.. P.O.B. /' N 89038'1 D" W 3DO,OO' ?;: I o I' . >"l _, . ~. ~. K PARCEL. .809 CI) ~Oll__ TAX PARCEL 58 I I I.iJ . - 00 ~ Cl Cog i1't'? C'l Z S 89038'10" E 300.00' ~. NON-ExCLUSIVE --'""nN.:iE EASeMeNT LEGAL DESCRIPTION THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02'4"30" W ALONG THE WESTLINE OF SAID SECTION 02 BOO.OO FEET TO THE POINT OF BEGINNING; THENCE CON1lNUE S 02"4"30" W 300.00 FEET; THENCE S ""3"10" E 300;00 FEET; THENCE N 02"">0' E 300.00 FEE.,; THENCE N 69"36'10' W 300.00' TO THE POINT OF BEGINNING. ' COIlta~Ili.ng 18,oba Sq. Feet more or less'. . ./ GENERAL. NOTES . 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. "POINT OF BEGINNING 3) SEC. c. SECTION 4) TWP. = TOWNSHIP 5) RGE. " RANGE 6) R/IN = RIGHT OF WAY 7) ALL DISTANCES ARE IN 'FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR ~t"~ '. PREPARED ~:ti':' ';;;'~~ ,,";:;{,' 01._ /#?j?'!i;~q,~\fi<-~~o ~~cft~~ip,~Cs~-i~'------ COLLIE;R' COUNTY. PI3B(lC'WORKS 3301'E'rTAMIAMJTRAIl.::"," ", NAPLf;'$, Fl;:9Jil;Jb6:3tf1:12)'!',~ .' ., .. . i': -, . .,J:- ,. ~',::. .:"..." NOT TO SCALE DATli "FILENO.. ., ;y'::":. GVVY818 SHEET 1 OF 1 JUNE 8, 2000 PUBLIC WORKs ENGINEERING DEPARTMENT 3301 EAST TAMIAMr TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 Agenda Item No. A6 er 24, 2 Pa 20 0 9 P.O.B. NW COR. SEC. 32, TWP. 50S, RGE. 26E SKETCH OF DESCRIPTION NOT A SURVEY S 89'38'10" E 300.00' PROJECT SJlOl2. PARCEL -.:.'>' <3 J 0 FOLIO (Jo-<t<l 3 f.t,4000 I o <') Co il" N CI? EXH,srr -A- Page-L:L oI~ '~ P.O.B. I ~~~ ~I N 89038'10" W 300.00' PARCEL ..~, -8w TAX PARCEL 61 UJ ~8 o:l . ~g N.... Z 300.00' PERPETuAL. NON-EXClUS1VE DRAINAGE EASEMENT LEGAL DESCRIPTION THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SEcnON 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: THENCE S 02'48'30" W ALONG THE WEST LINE OF SAID SECTION 32 300.00 FEET TO THE POINT OF BEGINNING: "T>iENCE CONTINUE S 02'48'30" W 150.00 FEET: THENCE . S "'3"10' E 300.00 FEET: THENCE N 02'48'30" E 150.00 FEET; THENCE N "'38'10' W 300.00' TO THE POINT OF BEGINNING. COntaining 9,000 Sq. FeeL" more or less. , GENERAL NOTES 1) P.O~C. = PQINT OF COMMENCEMENT 2) P.O.B. = POJNT OF BEGINNING 3) SEC. = SECTION 4) TlNP. = TOWNSHIP 5) RGE. = RANGE '6) RIW = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT Yft.LID UNLESS SIGNED AND SEA:'ED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE DATE . .~;;, .-:I~_~:~ PREPAR~8~~;<..,.,:'/ ", :;:;./~'>' ~( ';(/'~~' ',',,: ~~ "" :.! ; '" ,'.. :-', ',u: (; I. ..,-'C ,r . -"..i'--Il'~...;. ." , 40 -.- -c.::: _c_~_.",..__"___________.____._.____ j ;' . " .. -. '/ \', "r" ---....,r--:.:... .."" . ~_, m:.ORGgR:: RICHMOND,PJ:::S. 2406 CO'L-l.!IER'C)OUW~~,~0;l~,!,Q}WORKS 33Cl1E.TAMI.q,MI,';JJRAI~"',;:_ , NAPl::ES;F.LORlp\C<34'11?;:,' ' ;\ '. .'" l:i -;' :"! '.~ ,~',,:~;: ,'i... ._....' SCALE, JUNE 8, 2000 FJLE NO... . "'{~'. GWY816 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST T.AMIAM:r TRAIL NAPLES, FLORIDA 34112 (941) 774~8192 Agenda Item No. r 24,2 Pag 21 0 A 6 9 P.O.B. NW COR. SEC. 32, TWP. 508, RGE. 26E SKETCH OF DESCRIPTION NOT A SURVEY PROJECT PARCEL ~'. '. 811 FOLIO OO~"'1..3<O6 ooo~ 'SJ 1012. 3: EXHIBrr.:a.. ParIe...1!L of~ S 89038'10" E 300.00' . ' o r'l ~ ~ C/) N 89038'10" W 300.00' P.O.B. I k _ I ' .~ ~ ~PARCEL ~~ -8l1 C/) 60'1___ TAX PARCEL 62 I I 3: llJ og r'l . ~g N (0) z' S 8903810" E 300.00' ~~ ' ' ~ --.;mI;ft I LEGAL DESCRIPTION THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02048'30. W ALONG THE WEST LINE OF SAID SECTION 32 1650.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE 8 02048'30" W 300.00 FEET; THENCE' s 89038'10" E 300.00 FEET; THENCE N 0,2048'30" E 300.00 FEET; THENCE N 89038'10" W 300.00' TO THE POINT OF BEGINNING. Gontainin? 18,000 Sq. Fee> more or less. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC, '"' SECTION : 4) TWP. ,. TOWNSHIP 5) RGE. " RANGE B) Rrw,. RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALlD UNLESS SIGNED AND SEALED WITH THE . EMBOSSED SEAl OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE , r,i~,*).r~... , ~REP RED.I?~:'""" ',' '; <\<';/"~'L""!""",,,, i " " ',"'.' ..r,._,,,, ....-:; .....,.:, .'; ".>~ .1"', t' 6: lu/oo - Ef;Rr,~~Moll%i~- COI-l'S~lcGOUN1;(,P,UB.tIG:W~RKS 3301';Ei::TAMl.4;MliTFU(I[ . ,_ NAP U:;S';,~L.o RID~~34.f1~:<" " .t(l~.1 ..~. -:," ". 1....;.,,:t... SA E DATE FJL~'NP. '~:"./~.i" GWY824 SHEET 1 OF 1 JUNE 8, 2000 " PUBLIC WORKS ENGINBERlNG DEPARTMENT 3301 EAST TAMlAMr TRAIL . NAPLES, FLORIDA 34112 (941) 774-8192 Agenda It,em No. h~ ber24, 2 fJ6 Pag 22 0 179 P.O.B.NW COR. SEC. 32, TVvP. 50S, RGE: 26E SKETCH OF DESCRIPTION NOT A SURVEY ~ b f'? 00 ;;0- <'< <Zl 300.00' PROJECT PARCEL FOLIO .$)).012. , , S 89.38'10" E 81Z "" 00 "'1,4:' I Z oooz. EXH,srrA P8fl8-LS: of~ P.O.B. ~ 0 .J PARCEL' 81Z ~.;; I~ TAXPARCEL63 ~ ~ I <Zl 60'1__ 8 300.00' lLJ . 00 f'? 0 00 . ;<tfil N'T- z N 89038'10" W 300.00' PER.PETUAL, NON-EXCLUSIVE DAAlNAGe EASEMENT : ' ! LEGAL DESCRIPTJON THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE A TTHE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; niENCE S 02.48,,- W ALONG THE WEST LINE OF SAID SECTION 32 150.00 FEET TO THE POINT OF BEGINNING; TH ENCE CONTINUE S 02048'30' W 150.00 FEET; THENCE S "038'10" E 300.00 FEET; THENCE N 02'48>0" E 150.00 FEET; THENCE N "038'10" W 300.00' TO THE POINT OF BEGINNING. COntaining 9,000 Sq. Feet more or less. GENERAL NOTES 1) P.O.c. '" POINT OF COMMENCEMENT 2) P.O.B. '" POINT OF BEGINNiNG 3) SEC, '" SECTION 4) TWP. "" TOWNSHIP 5) RGE. = RANGE 6) RiW "" RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 6) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PRqFESSJONAL LAND SURVEYOR 'r.... NOT TO SCALE PREPARE;DBY;_. '. '! ~~,:,',.. ..'.~..-.>~' .}.:r.:ii'i'~;"0'-" ~ ,.,'/- ,'. .' ''''" ,. , . If: jri ,DO '--:",,1/", '-.". ~,_, '.. ," ;',.... .' '/'" "'., --- ..., -........,,_4...___ ..._~__..,_,' ____. _...__....____........._............_ . j. .... ....'-..,..:"'.,.. r....',./;.- t......... , G EO RGJ~';~:'!31 G}:-j M 0 ND;~:\-.S:.,.2406 COLLI E8.'Od\JJ)J:ry.J:I~w.BelcWqRKS .3301~eA:A/.v1.iAMv;:rrgl.i\lt:'>:?)o, > ,.' NAP~E~;<:p;roBlq.f.\:':3:P1'12'. .. I ,- .~r~~~~~<:1~;;:~~'.~..:>t3< ,'(. '. Flq"ND' ,0,'.., 'GWYSQ"5 '/ " SCALE DATE JUNE 8, 2000 SHEET 1 OF 1 Agenda Item No. A6 f' 24, 2 Pag 23 0 9 PUBLIC WORKS ENGINEERING DEP ARTMBNT 3301 BAST TAMIAM:r TRAIL NAPLES, FLORIDA 34112 (941) 774~8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT PARCEL FOLIO P.O.B. NW COR. SEC. 32, 1WP. 50S, RGE. 26E ~ b >"l CQ iT C\I (J) S 89038'1 Q" E P.O.B~ N 89038'1Q" W ~~~ ~I PARCEL '.-:":-'81S" TAX PARCEL 1 03 JIIIJ_ ElloW., ~ ' "DIltMW:JE.~teMENT SIIOr:z. -"i'..'<B \ ~ () 0-<14 S- 32 CNJO '? 300.00' EXHIBIT -6.. Pave...llL. of.,U 3QO.OO' UJ . Ob (")0 CQ . ~g C\I"- z' 300.00 LEGAL DESCRIPT10N THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02'48'30" W ALONG THE WEST LINE OF SAID SECTION 32 900.00 FEET TO THEPOINT OF BEGINNING; THENCE CONTINUE S 02'48'30" W 150.00 FEET; THENCE S 89'38'10" E 300.0Q FEET; THENCE N 02048'30" E 150.00 FEET; THE~CE N 89038'10" W 300.00' TO THE POINT OF BEGINNING. COlltaining 9.000 Sq. Fees more or ess. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) lWP. CTOWNSrjlP 5) RGE. = RANGE 6) RIW = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR SA NOT TO SCALE DATE ~~"~'~'.~;;'-7~ ~REP RED B);:,r;""""j .:' . ,,' " -#<~';':~~;'~~,:;:~~7i~f~j1:~ ',.r;:, ;. 00 ?7-"~.,,~*-,-___ <<3 Ep.f.}G.E.'~".B1 CHty1Q.j)iP,iP,"!"i9.,2406 COU!:::i.' "letWgRKS' 330~.vj:;; . ~<>k>, , NAP.B' .,,:~~::'" . . J~',. .' JUNE 8, 2000 SHEET 1 OF 1 EXHIBIT -6.... Page..!.L of~ PROJECT NO. 511012 PROJECT PARCEL NO. 816 FOLIO NO. 60783320005 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A PERPETUAL, NON~EXCLUSJVE, DRAINAGE EASEMENT, MORE PARTICULARLY DESCRIBED AS FOLLWS; THE WEST 30 FEET OF THE SOUTH 158 FEET OF LOT 1, BLOCK "E," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA . " .. 4 740 Sq Feet more or less. Contlll.n1Ilg, .,) 30 FEET LOT 1 ( BLOCK "E" ) N ~~iUAL. NON-EXCLUSIVE DRAINAGE EASEMENT SKETCH NOT TO SCALE Collier County Transportation Engineering and Construclion Management Departmenl ' 041061064:12 PM Agenda Item No. A October 24, 2 06 Page 24 0 9 i &' :? I:::::::: n n f a.. ......... ~ ~ .. ......... & &' " ......~ ~~fi 6....~~ " ~[~:ii' ~ ll."~ " ~ z ~h~5 iil ~ s:....,.,,-t-I.t;; :CI !~~ ~ ~ !$.;!~~ P: ~h.!'S'J :n~'S!.~ ; ; e. ~.. lii![~ :f(i~iJ ; l.. PI' .. f- ..~ .. Gl~.. R =,,~ .. :. 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';'lcz" g ~ 6 !Jl U1 ~ tjrVJ ~ a~^ r-z[Tl ~G)C:: ;:Oz:I: 8~?E c:()o 2;:::10 ::< ~w "T1",g 5<0=0 22...,:::1 0U10 >5';2; . 0 ;u"T1 ro;)> ["10 ;u )> z )> G) [Tl [Tl )> Vl CT1 ,;:: CT1 Z ..., ~ o o r r i'il ;:0 o o c Z -1 -< UJ -1 o ;:0 :!:: ~ )> M ;:0 s: )> z )> GJ fT1 s: fT1 Z -1 z o -1 )> UJ C ;;0 < fT1 -< '" -0 ::r , (1) -..J 0 ~ fB~' "",,I.O~ tv ...!..~ < 0 (") a.. c.: (D:"Ctlo ;:r .., a. ~..p..o " CI U} .0 ~o.. CJ~ r....~ l.O' l';'lc~g,~" => 0:> .. ;v PRo.ECT: NO. 7599_ PRO.ECT PARCEL NO: _ 528 TAX PARCEL NO. 13 Agenda Item No. A October 24, 2 06 Page 41 0 79 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF SLOPE EASEMENT (NOT A SURVEY) EXHIBIT A Pege~ of.ll NOR7HEASTERL Y RIGHT-OF-WA Y LINE OF U.S. 41 ..... v V'5 ::) -l <( g: ~ <( ::i!' ;:s POINT OF BEGINNING LINE TABLE LINE: LENGTH BEARING Ll 43.00 S 51'00'50" W L2 67.19 N 38'59'10" W LJ 28.02 N 41'51'22" W L4 50.27 S 38'59'10" E A /~;\ //"d @ ~ ............... VALL 764.06' ........ c'r'SrRcAA,I ...... ,v{ DR, TR ACT M..................... La Y GOLF fSTA TES TRACT MAP (P.B. 8, PG. 20) @ rC3 Itn (O.R. 2485, PG. 627) ~t (' PARCEL 528 '" ([j/~ , PROPOSED SLOPE ""l :::t EASEMENT ~ AREA=3,325 SQ. FT. :t (PRIV A 7E ROAD) C lCl <0 '" "J o g @ ,.., PARCEL 828 :2 Proposed Drainage. ~ Access & Maintenance ~ ~ Easement ~ ~ :2 POINT OF COMMENCMENT MOST SOUTHERL Y CORNER OF TRACT M CURVE Cl C2 C3 DELTA 89'03'34" 91 '25'52" 74 '00'57" PREPARED BY: 341.80' 100' DRAINAGE EASEMENT SECTION 19, TWP. 50 S., RGf. 26 E. TR ACT L LEL Y GOLF ESTA TES TRACT MAP (P.B. B, PG. 20) @ CURVC TABLE RADIUS ARC' 17.00 26.42 45.00 71.81 18.78 24.26 CHORD 23.84 64.43 22.61 CHORD BEARING N 83'30'57" W s 84'42'06" E S 80'32'50" E SHEET 1 OF 2 BY: UNDAGE,..~ Profeasional enlineen, planneri'. &: lAnd lJurveyof"ll CoUMI' c--.v. Suit. 1Ol), "4OG T.....u.-l baa. ltorlkl N_p*. n. N101 (O,U)UT-8111 ~ Coo.~ Sui" L01. LaG B_ur StN_t., Fort M,p.", PI. 1:1101 (041)n7-:nu C4rt.1ftcata af Al1tbortcaUcJD NOI. 11 "1&4 Ioltod U SM4 fUl 1"1_-110' GUY P. ADAMS. P.S.M. NO. 4390 SCALE: 1. _ 100' DRAVt'N BY;...lhlM- DATE: OCT. :5 2006 CHECKED BY:...lZeA PROJECT NO.: 7599-1 FILE NO: 8289 ACAD NO: 8289-,528 Agenda Item No. A October 24, 2 6 Page 42 0, 9 PROJECT: NO, 7599 _ PRO..ECT PARCEL NO: _528 ~ TAX PARCEL NO. 13 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA EXHIBIT -6.... p~ 35' of...s:..2. LEGAL DESCRIPTION PROPOSED SLOPE EASEMENT PARCEL 528 THA T PORnON OF TRACT M OF LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED IN PLA T BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE PARnCULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T THE MOST SOUTHERL Y CORNER OF SAID TRACT M, LEL Y GOLF ESTA TES, THENCE NORTH 38 '59'10" WEST ALONG THE SOUTHWESTERLY LINE OF SAID TRACT M, FOR A DISTANCE OF 215.32 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE LEA VING SAID SOUTHWESTERL Y LINE RUN EASTERL Y ALONG THE ARC OF A CURVE CONCA VE SOUTHERL Y HA VING A RADIUS OF 18.78 FEET, A CENTRAL ANGLE OF 74'00'57", A CHORD BEARING SOUTH 80'32'50" EAST A CHORD DISTANCE OF 22,61 FEET, AN ARC DISTANCE OF 24.26 FEET; THENCE SOUTH 38'59'10" EAST 50.27 FEET TO THE BEGINNING OF A CURVE CONCA VE NORTHERL Y HA VING A RADIUS OF 45,00 FEET, A CENTRAL ANGLE OF 91 '25'52", A CHORD BEARING SOUTH 84 '42'06" EAST A CHORD DISTANCE Of 64.43 FEET, AN ARC D/STANCE OF 71.81 FEET TO THE NORTHWESTERL Y LINE OF A 100' WIDE DRAINAGE EASEMENT; THENCE NORTH 41'51 '22" WEST 28.02 FEET TO THE BEGINNING OF' A CURVE CONCA V[ NORTHERL Y HA VING A RADIUS OF 17.00 FEET, A CENTRAL ANGLE OF 89'03'34", A CHORD BEARING NORTH 83'30'57"WEST A CHORD DISTANCE OF 23.84 FEET, AN ARC DISTANCE OF 26.42 FEET; THENCE NORTH 38'59'10" WEST 67.19 FEET; THENCE SOUTH 51" 00'50" WEST 43,00 FEET TO THE POINT OF BEGINNING. .' '.' t" (' ~ ( , I , .j ;" : -" ..:.. ~",' .\,., .. PREPARED BY: UNDAGE...... Professional engineers. plD.nnel'8, & land surveyors Coli"" c-at;r. Butt.. 200. "400 '-.mi1Ulllt h-aU, l'fol1b.l N.,..., PI, "'10e (HJ)De'l'-Ull Le. Couat" SQ.U.. 101. l1Z11 B"'417 lltreet., Port 1i.1wn., PL "90l (tU~:!1-'ll1 Cttrt1lk..... of AuthorinUGa "0.. LIl :se~ tad D INN 'd;: ('Hllllel!l-~ SHEET 2 OF' 2 BY: NO, 4390 DA 1E: OCT. 3. 200(1 PROJECT NO.: 7599-1 ACAD NO: 8289-528 I: Agenda Item No. "October 24, 2 Page 43 0 I . , PROJECT: NO. 7599 PROJECT PARCEL NO:, 7?1\ TAX PARCEL NO. 13 SECTION 19, TOWNSHIP 50 SOt)TH, RANGE 26 EAST ,COLLIER COUNT'0 FLORIDA SKETCH OF TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY,) ~ fJJ- i? /.y ~ .(/ ,:;c;'f EXHIBIT ..A.. P..,.~ of..s:.2. @I @ POINT OF BEGINNING: ...... ~ uj ::) )Q ~ .............. VALL 164.06' ........ C'y SrR~A . '" ". ,.,111 DR. TRACT fA'.................... LEL Y GOLF ESTATES TRACT MAP (P.B. 8, PG. 20) @ (O.R. 2485, PG. 627) PARCEL 728~ PROPOSEO 1'0' T.C.E;. _e~~~~~~~________ -1--- '-~n~---~~-~ (PR/VA TE ROAD) NQRTHEASTERL Y RIGHT-Or-WAY LINE OF U.S. 41 ...................... b g @) to) .....J ;q: g: ~ <:C ~ ~ ------- DRAINAG,E EASEMENT SECTION 19, [TWP. @ 50 S" RGf. 26 E. TRACT L LEL Y GOLF ES TATES TRACT MAP (P. B. 8, PG. 20) EMENT PREPARED BY: ..... . ::::GNOLl ...... . ===== ABBER a. ....... ====== UNDAGE,ll(o. Proienlone.l englnDers, P]I!ln..n.en, & ]~d lIll.rV'oYQn (lgll1lft' ClI1Ul.lJ1 BuU.. '00. 7'.ooT~ 'fn.U, 1I01"Ul.: Kalil". lL USD" ('H1)iit7..UU lA. ~::ut.,,, .","'.~~~;;.:~~ ::.~ ~......~ ~":' no 0;:; !:til::.:~ 01/11/06 10' T.e.E. 03/27/06 PARCEL 728 ' SHEET 1 OF:2 BY: GUY P. ADAMS, P.S.M. SCALE: 1" = 100' DRAWN BY:~ CHECKED 8Y:~ FILE NO: 8289 I NO. 4390: DATE:--..rULY 16. 20Q2, PROJECT NO.: 7599;"'.1 ACAD NO: 8289-7~6. I ~, Agenda Item No. A6 October 24, 2 Page 44 0 9 i~ P.ROJECT: NO. 7599 PROJECT PARCEL NO; 728 TAX PARCEL NO. 13 SECTION 19. TOWNSHIP 50 SOUTH. RANGE 26. EAST COLLIER COUNTY, FLORIDA EXHIBIT ..A. p-'37of-5.:l LEGAL DESCRIPTION: PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT P ARCa 728 THE SOUTHEASTERL Y 10 FEET OF THE FOLLOW/NG DESCRIBED LAND (O.R. BOOK 2485, PAGE 627); THA T 'PORTION OF TRACT M OF LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED IN PLA T BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: 'COMMENCE A T THE NORTHEAST CORNER OF SAID TRACT M, Lay GOLF ESTA TES, AND RUN SOUTH 89'32'18" WEST ALONG THE NORTH LINE OF SAID TRACT M, FOR A DISTANCE OF" 457.44 FEET; THENCE SOUTH 28'33'33" WEST 527.00 FEET TO A POINT OF CUF~VA TURE OF" A CURVE CONCA VED TO mE NORTHWEST; THENCE ALONG mE ARC OF SAID CURVE HA VING A RADIUS OF 970.00 FEET, A CENTRAL ANGLE OF 19'27'56", A CHORD BEARING SOUTH 38'17'31" WEST A CHORD DISTANCE OF 327.96 FEET, A DISTANCE OP 329.54 PEET; THENCE SOUTH '48'01'29" WEST 400.00 PEET TO THE POINT OF BEGINNING OP mE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE SOUTH 41"58'31" EAST 300.00 PEET; THENCE SOUTH 48'01'29" WEST 341.80, FEET TO A POINT LYING ON THE NORTHEASTERL Y RIGHT-OF-WA Y LINE OF U.S. #41; THENCE ALONG THE NORTHEASTERLY RIGf-fT-OF-WAY LINE OF U.S. #41 NORTH 39'06'20" WEST 361. 75 FEET; THENCE LEA VING THE SAID NOR THEA S TERL Y RIGHT-OF-WA Y LINE RUN 166.iB3 FEET ALONG THE ARC OF A CURVE CONCA VED TO THE SOUTHEAST HA VING II RADIUS OF 558.01 FEET AND SUBTENDEQ BY A CHORD HA VING A BEARING OF' NORTH 59'27'36" EAST AND A CHORD LENGTH OF' 166.20 FEET TO THE POINT OF' REVERSE CURVE; THENCE RUN 164.06 FEET ALONG THE ArW OF A CURV~ CONCA VED TO THE NORTHWEST HA VING A RADIUS OF' 470.00 FEET AND SUB TENDED BY A CHORD HA VING A BEARING OF NORm 58'01 '29" EAST AND A C.YORD LENGm OF 163.23 FEET TO THE POINT OF' BEGINNING. Contain:ing 3,418 Sq. Feet.lmore or less. :.: - ~ :- - .... ;'--. ....... '- -/;-=::-:.... .'.... -._-."\'" :....~ ~ ~~: ~~~ ~ -;", .... -'- ;.:?~ (:':? " - ~ ~..,~.. -'. ...... ..-~ - -, _'~'J~~_~' '... ":' .... TEMPORARY CgNSTRUCTION EAsE~ENT ....: -:-:':~~... .,-:, .'- .--;~-...~ -;:.~ :.~. .' - . ~ , . PREPARED BY: BeARINGS ARe BASED ON THE LEL Y GOLF ESTA rES ffiAC PLA T' BOOK 8, PAGE 20. COLLIER COUN7Y, FLORIDA AP ..... :::: NOll ..... . 55!!:. BER &: :::::: UNDAGE.- Prot...lOno.l .~..l"lI, p14nn.,.", &: lAnd """"yo,." CoJ.l1c. Co-a.II.Vi htt. .100, 1400 1'~ 'rn.U. l'IC'UlIlf~, n S4.1Co11 ("'1)UT-:I111 '- ~.. :".~~ ~ ~ _~ ~ n ~ f:tt==~ 01/11/06 10' T.C,E. 03/27/06 PARCEL 728 BY: SHEET 2 OF 2 I I NO. 43901 I GUY P. [}'A S, P.S.M. SCALE: DRAWN BY: CHECKED BY: FILE NO: 8289 DATE: JULY 16 ?oo'<. PROJECT NO.: '7599 : 1 ACAD NO: 8289-77& 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNT~ FLORIDA ,SKETCH OF ACCESS EASEMENT (NOT A SURVEY) .h ,1; /' /0} .(/ e;,c,'f ................ VALL..E)" 164.05 ...... ....... SiRcAAf DR. TRACT M.................... LEL Y COLF' ESTATES TRACT MAP (P.B. 8, PC. 20) . @ 0.... (O.R. 2485, PC. 627) . t . ~'I!::; PARCEL 828 . ~ ~ Proposed Drainage. Access ~' & Maintenance Easement \9:> AREA==2,142 SQ. FT. ::f:: L2' '~ ...... em GNOU 04/10/06 ::::: BER & 828 ...... . :::::: UNDAGE,.... ~rolol!l.lo~a.l IlIngineoeraj plB.:r.w.ellS, &: lo.nd surveyors ClIllin 001ll:l.f.:n 8'uIlt. 100. 7'00 'Iom!om! "',LIl, l<Ol'UIIl ,HaJJn. n. N10' l"'~Q'I'-:I111 Lu Cout,n 91aJ.le 101, Uz,o 'BeQ.u,. Bt.t.~ loti lQTn', n. ~ilQJ Hl 357"3111 Cnu.&d.. or J..uU:iorilI.UOl:l }fa., 1.1 ~ Ul4 D ::lo06i l'ul . IN..! _~ .\. :?,. ..... PROJECT: NO. PROJECT PARCEl.:. NO: TAX. PARCEL NO. 7509 828- 13_ SECTION EXHIBIT -A- Pege..3,L of~ ,NORTHEASTERL Y RIGHT....OF-WA y LINE OF U.S. 41 ~ uS ::5 ~ ~ "'I, -J ::c gE' 5E <( ~ ~ POINT OF 'BEGINNING ' POINT OF COMMENCMENT MOST SOUTHERL Y CORNER OF TRACT M CUI;?VE Cl C2 DELTA 74'00'57" 91'25'52" PREP ARED 8Y: Agenda Item No. 1 A October 24,2 6 Page 45 of 9 LINE TABLE LINE LENGTH 8EA'RING L1 50.27 S Je'5S'10" c L2 61.20 S 48'08'3e" W @ ~ (PRIVA TE ROAD) ,..................... ~ @ g .341.80' ) DRAINAGE EASEMENT ! ' ~ SECTION 19, TWP. 50 S., RGE:, 26 E, TR ACT L LfL Y GOLF ESTA TES TRACT MAP (P. B. 8, PG, 20) @ CURVE TABLE RADIUS ARC 1e.78 24.26 45.00 71.81 CHORD 22.61 64.4J CHORD BEARING S 80'32'50" E S 84'42'06" E SHEET l' OF" 2 BY: GUY P. ADAMS, P.S.M. NO. 4390 SCALE: 1" == 10~ DRA'rVN 8Y:~ DATE; MARCH, ?8, 200Q CHECKED BY:~ PROJECT NO,: 7599-1 FILE NO:' 828~_ ACAD NO: 8289-8?6. ,;, . Jo " ~ SECTION 19, TOWNSHIP 50 SOUTH, RANGE26 EAST . '! COLLIER COUNTY, FLORIDA EXHIBIT -A. p..~ 01.5.1- 7599 R?L 13 Agenda Item No.1 A , October 24, 2 06 Page 46 of 9 PROJECT:, NO. PROJECT PARCEL NO: : TAX, PARCEL NO. ' 1>roposed Drainage, Access & Maintenance Easement ' PARCEL 828 LEGAL DESCRIPTION THA T PORTION OF TRACT M OF LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED IN' PLAT BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLoRIDA, AND MORE PARTlCULARL Y DESCRIBED AS FOLLoWS: COMMeNCE A T THE MOST SOUTHERL Y CORNER OF SAID TRACT M, LELY GOLF ESTATES, THENCE NORTH 3a'59'10" WEST ALONG THE SOUTHWES1E,QLY LINE OF SAiD TRACT M, FOR A DiSTANCE OF 100,08 FEET TO THE POINT OF BEGiNNiNG OF THE HEREiNAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUE NORTH 38 '59'10" WEST 115.24 FEn TO THE ARC OF A CURVE: CONCA VE: SOUTHERL Y HA VINe A RAD/US OF 1 B.7B FEET, A CENTRAL ANGLE OF 74 '00'57", A CHORD BEARING SOUTH 80 '32'50" EAST A CHORD DISTANCE OF 22.61 FEET, AN ARC DISTANCE OF 24.26 FEET; THENCE SOUTH 38'59'10" EAST 50.27 FEET TO THE BEGINNING OF A CURVE CONCA VE NORTHERL Y HA VING A RADIUS OF 45.00 FEET, A CENTRAL ANGLE OF 91 '25'52". A CHORD BEARING SOUTH 84 '42'06" EAST A CHORD D/STANCE OF 64.43 FEET. AN ARC DISTANC, OF 71,a! FEET TO THE NORTHWESTERLY LINE OF A 100' f>10E DRAINAGE EASEMENT; THENCE SOUTH 4S'08'38" WEST 61.20 FEET TO THE POINT OF BEGINNING. COntaining 2,142 Sq. Fees IIlore or less. . - - .' ." .',' ~. - .. ... ~.i __.' : "":"'-. ~ '" -"'., -.... ~.. -, . ~ .:. . , '-- , ~ ". .:,. .. ,'- .. .. >,' . -;:~ ':."::., ~, , " .~ "':--: '::"' , ~ .'., -.... .- ....... -.. ~: ..;..... f'".,' ,. '..', ". "-. ,.- ...... .';' , 7-:-,- . PREPARED BY; ..... ms. NOLI 04/10/06 me:. BER &: 828 :::::: UNDAGE_ PrnI'''Ioll4l engineen. .1'l.o""o1'o, &: lond ourny,,1'o ~ Cn.l:l91.Jult..aoo, 'l'-4Oll 11.1:1l.1.a.=J fn.ll.lflll'U.; If..,.., :n. '-'10.0 IH1)e"_~Ul '- ~~~.:: ~~... ~~ n. ~ :;;=::~ 8Y: SHEET 2 OF 2 GUY p, A s, P.S.M. SCALE: DRA'r'tN 8Y: DATI::--.MARCH ?R 2001;l CHECKED 8Y:--GU PROJECT NO.: 7599-.1 FILE NO: 8289 _ ACAD NO: 82B9-82~ NO. 4390 := Agenda Item No. 1 A October 24.2 6 Page 470 9 PROJECT: NO. 7599 PROJECT PARCEL NO: 7?9 TAX PARCEL NO. 13.7 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FlORIDA SKETCH OF TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) ~ '!'V . ,p ~~\ '7 EXHIBIT -A. page..:tJL of..ll @ ". '" ". @ PEPPERWOOD CONDO Phase 1 S 48"01'29 W 200.00 VALLEY STREAM DR. (PR/VA TE ROAD) PO/NT OF BEGINNING .... '" ". ", ". TRACT if.'....... LELY GOLF ESTATES TRACT MAP (P.B. 8, PG. 20) @ ............................................................... (O.R. 925, ::c: @ en PG. 254) .jo,. , '.jo,. LlQi LI- @ Egj 8~ c:> ~ . - c:> ,I\:) 8 · . ~ ,fT1 PARCEL 729~ PR POSED 10' T,C. . @ rSOUTHEAS7'/::RL Y 10' ---------------- --....------ ----------- -I ;:;48-or29""7-- "._h___...,..._______..._,..__. 200.00 DRAINAGE EASEMENT TRACT L LEL Y GOLF ESTA TES TRACT MAP (P.B. 8, PG. 20) @. TRACT A LEL Y GOLF ESTATES TRACT MAP (P. B. 8, PG. 20) SECT/ON 18, TEMPORARY , CONSTRUCTION EASEM~NT PREPARED BY: 06/21/06 ADDED BEARINGS SHEET 1 OF 2 i ..... 55!:. NOLI 51!!! BER & =====: UNDAGE~. Prol.ulonal IInpn..n:, plAnners. '= lAnd. -\U"ft)"On ' CcL11Yr eo.aton hit.. 100, 1400 T--.l.uI1 Tl"IU" ~ ,..,.... n. 1411)1 (Wl)lf7-IUl - ~ ~~= ~ ~.. ~.::-- n 'i: ~::f=:-= 01/11/06 10' T,C.E. 03/27/06 PARCEL 729 BY: GUY P. ADAMS, P.S.M. SCALE: 1" '" 100' DRAWN 8Y:~ DATE: JULY 16. ?002 CHECKED 8Y:.JlfA PROJECT NO.: 7599-1 FILE NO: 8'1'19 ACAD NO: 8289-729; NO. 4390 PROJECT: NO. 7599 PROJECT PARCEL NO: n~ TAX PARCEL NO. ' 13.7 Agenda Item NO.1 A October 24,2 6 Page 48 0 9 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST . 11 COLLIER COUNTY, FLORIDA EXHIBIT ....a.. p....iL of~ LEGAL DESCRIPTION PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT PARCEL 729 THE SOUTHEASTERLY 10 FEET OF THE FOLLOWING DESCRIBED LAND; THA T PORTION OF TRACT M, LEL Y GOLF ESTA TES, TRACT MAP, RECORDED IN PLA T BOOK 8, PAGE 20, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, DESCRIBED AS; COMMENCE A T THE NE CORNER OF SAID TRACT AND RUN S 89. 32'18" W ALONG THE NORTH LINE OF SAID TRACT M FOR 457.44 FEET; THENCE RUN S 28.33'33" W FOR 527.00 FEET TO A POINT OP CURVA TURE; THENCE RUN 329.55 PEET ALONG THE ARC OF A CURVE CONCA VE TO THE NORTHWEST HA VING A RADIUS OF 970.00 FEET AND SUBTENDED BY A CHORD HA VING A BEARING OF S 38.17'31" W AND A LENGTH OP 327.96 FEET TO A POINT OF TANGENCY,' THENCE RUN S 48.01 '29>1 W A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING (POB) OF Tl-lE DESCRIBED LANDS. FROM THE POB, RUN S 48.01 '29" W FOR, 200.00 FEET; THENCE RUN S 41'58'32" E FOR 300.00 FEET; THENCE RUN N 48.01 '29>1 E FOR 200.00 FEET; THENCE RUN N 41"58'31" W FOR 300.00 PEET TO THE POB. Containing 2,000 Sq. Feet; more or le~s. '...... TEMPORARY CONSTRUCTION EASEMENT I j" ~., ~.., ~ r .: ,.. . t ~ {j" ~"'" ,~~., " . .tt .. . " '" -' '''l"f>''<l~~"'.;.;"'~,.,.''.'''',,,,,_, '. ',i~'~.: <~~;,. . ._. . 2-~? ~:: ~~ ,',' ~~. .:; " ._,- . :: . .:r: :~? ,t=f ". 1..,. ...... PREP ARED BY: I BEARINGS ARE BASED ON THI: LEL Y GOLF ESTA TES TR C MAP PLA T BOOK 8, PAGE 20, COLLIER COUNTY, FLORi . ,..- "c., :.::" .;::;. .f:;' ti '<.>' \'<"'0""",0'" ,..." .;.r,~ , .' \:c.r 'j"~J"r"J~~'I"""\~' " ..... :::: NOIJ ..... 55S5:. AEBER & :::::: RUNDAGE,DI.. Prof&SSlonal ellgineers, plannflrs, & lllnd B'urve;yorw CoW.r CoUD.t,rI BId.... aoo, T400 T&m.1Q1lJ. Tr..u. Nortbr Napl." n. UJCo (04J)~n-3ul 1... CIt\LQ,t.n INILt -101. IBM Bftld..r7 su..t., lol'\ ~. rL =DOl ('Ul)~:S'l'-3111 C.r1.U101.t4 of AuthotiuUou :!'Ill", 1.1 3GN uul. D s.e.u )'-.u (041)o.N-ac:! 01/11/06 10' T.C.E. 03/27/06 PARCEL 729 BY: SHEET 2 OF 2 GUY P. A NO. 4390 SCALE: DRA',\IN BY: DA IT: JULY 16 200Z CHECKED B.~ PROJECT NO.: 7599-1 FILE NO: 828Q \ ACAD NO: 82fl9-72Q., ,~. PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. 7599 730 13.12 Agenda Item No. A October 24,2 06 Page 49 0 79 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF" TEMPORARY CONSTRUCT/ON EASEMENT (NOT A EXHIBIT -A. page..:t...Z... of..s::z.. ". @ PEPPERWOOO:CONDO Phase 1 POINT OF BEGINNING . ......... S 48.01'29# W 200.00 VALLEY STREAM DR. (PR/VA TE .ROAD) . . . . . , . . . . , . . . . . . . . ~ . . . . . . . . , . . . , , . . . . . . . . . . . . . . . . . . . . , . . . , . . . @ Vl @}) <: "" t ~ gJ @ S ~ '" !:i (O.R, 497, 2 - . . 0 . Cl Cl ", PG. 889) Cl ~ TRACT M LEL Y GOLF" ESTATES TRACT MAP @ (p.a. 8, PG. 20) ---------7'Js~~~~~~-\ - N48-o'"fT29'r,- PARCEL 730 200.00 PROPOSED 10' T.C.E: DRAINAGE EASEMEN' SECTION 19, @ TRACT L LEL Y GOLF" ESTATES TRACT MAP (P.B. 8, PG. 20) RGE. 26 E, TRACT A LEL Y GOLF" ESTA TES TRACT MAP (P. B. 8, PG. 20) TEMPORARY CONSTRUCTION EASEMENT 08/21/06 ADDED BEARINGS I..... 5E!!. NOU ..... - ..... BIm ,& ...... ,!:::::: UNDAGE..... !Prof...iond engine"rs. pla.tm'linJ, & le.ud l!Iurveyor. 'Co1Un ~Q1 hU.. .too. '400 1'a.m1&mJ. T'rdl. HartA; H.Plft, 7L J41DII (~1)15117-1UJ1 ,r.... ~~.~ o~~~:.t~:: ~:,~ '~~Ul. ~ ~. 11. ~':z~ ~::~~:~ 01/11/06 10' T.e.E. 03/.27 06 PARCEL 730 BY: SURVEY)_ ~ j/ ,,66 iV-.~ ~ v' </ c;v~ Phose @ @ --- / / / /. / / / / / / SHEET 1 OF 2 GUY p, ADAMS. P.S.M. NO. 4390 SCALE: 1" c 10Q' . DRAWN BY:~ DATE: JUt y 16. ?OQ2. CHECKED BY:~ PROJECT NO.: 7599-1 FILE NO: 82B~ ACAD .NO: 8289-73Q ,f Agenda Item No. A October 24, 2 06 Page 50 0 79 I PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. 7599 730 13.12 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST A COLLIER COUNTY, FLORIDA EXHIBIT _ p..-=t3.. of.ll LEGAL DESCRIPTION PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT PARCEL 730 THE SOUTHEASTERL Y 10 FEET OF THE FOLLOWING DESCRIBED LAND; COMMENCE A T THE NORTHEAST CORNER OF SAID TRACT M, LEL Y GOLF ESTA TES,. AND RUN S 89'32'18" Iv, ALONG THE NORTH LINE OF SAID . TRACT M, FOR 457.44 FEET; THENCE RUN S 28'33'33" I.v, FOR 527.00 FEET TO A POINT OF CUR VA TURE; THENCE RUN 329,55 FEET ALONG THE ARC OF A CURVE CONCA VE TO THE NORTHWEST, HA VING A RADIUS OF 970.00 FEET, AND SUBTENDED BY A CHORD HA VING A BEARING OF S 38' 17'31" vv. AND A LENGTH OF 327.96 FEET TO A POINT OF TANGENCY AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE RUN S 48'01'29" Iv, FOR 200.00 FEET; THENCE RUN S 41"58'31" . E, FOR 300.00 FEET; THENCE RUN N 48'01'29" E, FOR 200,00 FEET; THENCE RUN N 41'58'31" W, FOR 300.00 FEET TO THE POINT OF : BEGINNING. Containing 2,000 Sq. Feet/ more or less. .~ ~~.It'l' ili"tJ~I';.~.,. /:;":~::C;;:~ ';"::"\ , . ~;. --:.,.'-< ) ~ -. -..,:..... .- :t: :::. . ~, . .. . ,'. ~ TEMPORARY CONSTRUCTION EASEMENT , ,'::::- .... ..... ..... ..... ...... ~:.::::: trNDAGE,IMl. ;Protol.lono.l eneineet'll, pla.UlJ.en, 6: lo.n.d B1..l.r'78YOn ;CGU1.r ~ hU.. .II)Q. 1'00 7ual.u:a1 r...u. ~ x~. :n. lUlge ("'l~l'7-nll x- CDwa:.VI ~ 101, -1.." ~ ~ .PIn >>nn. n. DeuX (~l)5:l'1-IUu c.rua..t.. Of ~~ lC... QI IIH UI4 D J66.I, lUl (Nl}6Of--'-OlI 01/11/06 10' T.C.E. 03/27/06 PARCEL 730 SHEET 2 OF 2 , ,PREPARED BY; BE:ARINGS ARE BAS[D ON THE: LELY GOLF ~STArr:s TRACT M PLA T BOOK 8, PAGE 20, COLLIER COUNTY, FLORIDA BY: NO. 4390 DATE: JULY 16. 200, PROJECT NO.: 7599-1 ' ACAD NO: 8289-730 ~' .... Agenda Item No. A October 24,2 06 Page 51 0 79 PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO, 759~ 731 1310 SECTION 19. TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUN TY, FLORIDA SKETCH OF TEMPORARY CONSTRUCTION EASEMENT (NOT A EXHIBIT -A. pege..1!:L of..s::;... SURVEY) ~; 1J;f/ ....r;:,~ , ~ .~ " {j c.J.J'fo REGENCY woqDs CONDO @ (O.R. 527, PC. 746) Phose II ". '" PEPPER WOOD : CONDO Phase 1 Phose 1/ POINT OF BEGINNING C1 (PR1VAT)E ROAD ..... VALLEY STREA~..?~:............. ......... . ..,...... .................."........... ....,..,.,..... .., ..' @ BUCKEYE PALMS CONDO ~ @ @ ~ SOUTHEASTfRL Y 10' r __ -=T -:l:C=~ PARCEL 731 PROPOSED 10' T.C.E. ---------- DRAINAGE EASEMENT , I, I' TEMPORARY CONSTRUCTION EASEMENT SEC770N 19, nYP. 50 S., RGE. 26 E. // TRACT A /~ 'i:t'v:<., LEL Y GOLF ESTA TES // 6 ~Y.,~ .- TRACT MAP // ,,\~Cj " // (P.B. 8, PG. 20) / > CUR\f' TABLE CUR\f' DELTA RADIUS ARC CHORD CHORD BEAJ//NG C1 9'.(3'M" 970.00 164.77 le4.M S .(3W';so" W C2 9'.(3'57" 1270.00 215.73 215.47 N .1,J't)9';so" E: PREPARED BY: 08/21/06 ADDED BEARINGS SHEET 1 OF 2" ..... .... .... .... ..... ..... ...... :::::: UNDAGE.-:. . Prete.-nonaL aJliiu.aro., plAtmans, &: la.nd llIUJ"nyon e.Ju. Cou,V1 hi.. ROO. 7400 JUII.1uat 'h.U. H~ lf~, n 14lQl {Nl)G"'''II111 1.- CoQ\7I Ihd.U lDl. llM1'Bc.4r7 ftnct, hft ~ n aeol {~l)MT":UU. c.tIae&Wi et A..u..m.ticIa. !foe. a ~ ..., :a IOt4. hxI <...l)6N-aos 01/11/06 10' T.C.E. 03/27 05 PARCEL 731 BY: GUY P. ADAMS, P.S.M. NO. 4390 SCALE: 1" = 100' DRAWN BY:~ DATE: JULY 16. ?002 CHECKED BY:~ PROJECT NO.: 7599-1' FILE NO: 8289 ACAD NO: B2B9-7~1 PROJECT; NO. 7599 PROJECT PARCEl. NO: 731 TAX PARCEL NO. 13.10 Agenda Item No. A October 24, 2 6 Page 52 0 9 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA EXHIBIT -A.. .......!:ls:. of.ll LEGAL DESCRIPTION PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT PARCEL 731 THE SOU THEA STERL Y 10 FEET OF THE FOLLOWING DESCRIBED LAND; THA T PORTION OF TRACT M, OF LEL Y GOLF ESTA rES, TRACT MAP AS RECORDED IN PLA T BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHEAST CORNER OF SAID TRACT M, LEL Y GOLF ESTA TES, AND RUN S 89'32'18" W. ALONG THE NORTH LINE OF SAID TRACT M, FOR 457.44 FEET; THENCE RUN S 28'33'33" W. FOR 527.00 FEET TO A POINT OF CUR VA TURE; THENCE RUN 164.77 FEET ALONG THE ARC OF A CURVE CONCA VE TO THE NORTHWEST, HAVING A RADIUS OF 970.00 FEET, AND SUBTENDED BY A CHORD HAVING A BEARING OF S 33'25'32" W, AND A LENGTH OF 764.58 FEET TO A POINT ON THE CURVE AND THE POINT OF BEGINNING OF ' THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE RUN 164.77 FEET ALONG THE ARC OF A CURVE CONCA VE TO THE NORTHWEST, H,A VING A RADIUS OF 970.00 FEET, AND SUB TENDED BY A CHORD HA VING A BEARING OF S 43"09'30" W AND A LENGTH OF 164.58 FEET /0 A POINT OF TANGENCY,' THENCE RUN S 41'58'31" E FOR 300.00 FEET; THENCE RUN 215.73 FEET ALONG THE ARC OF A CURVE CONCA VE TO THE NORTHWEST, HAVING A RADIUS OF 1270.00 FEET, AND SUBTENDED BY A CHORD HAVING A BEARING OF N 43'09'30" E, AND A LENGTH OF 215.47 FEET TO A POINT ON THE CURVE; THENCE RUN N 51'42'29" W, FOR 300.00 FEET TO THE POINT OF BEGINNING; Containing 2,004 Sq. Fees more or less. . 'i,~~,l", TEMPORARY CONSTRUCTION EASEMENT .. ~ l ~'\ \ ~ \ 1. P ~.:;:~.~ n :~~: ':':' I ~", " ~. ....'... ...,.,,,,, ."(>"""',,~ :~~, ~:''''_. .; '" I" .~ ..r'. \,\: ":~ . / ~;-;~7/' S. ~ .,;;.~\ "', \ . o. ':.'~ -., ~'.... (.....: . "" -) I ri '.::;.........,,','...,'.....: ... . .~'~\~.:.;~~ ;:i; ~~ . .~. ~~'i~::,:~:,~:.~~~:~~.:.;:.:.. ..' ..... 55:5. GNOU 55:::. ARBER &. :::::: RUNDAGE,DfC. Protes8ionc.l engineera:, planners, &: lc.nd aUI"Vl!lyora: CGUi.. Count" 9u.I.1. 100, 74OC1 :tu:u1&m.! tnu. Norlbr HapJ.., n. HID. (W1)~97-:S111 wa ~~.\e IJ~~U:~;;':~: ~:.~ S;:\~d ~n~. 1't ~: ~::~~:~ 01/11/06 10' T.C.E. 03/27/06 PARCEl. 731 BY: PREPARED BY: BEARINGS ARf: BASf:D ON THE LEL Y GOLF ESTA TF:S mACT M PLAT BOOK 8, PAGE 20, COLLIER COUNTY, FLORIDA 08/24/06 ADDED CAPTION GUY P. ADA SCALE: N.T s. I DRAWN BY:~ CHECKED BY:...:m:A FILE NO: 8289 NO. 4390 DATE: JULY 16. ?002 PROJECT NO.: 7599-1. 'ACAD NO: 8289-731 ... Agenda Item No. A October 24,2 6 Page 53 0 9 PROJECT: ,NO. PROJECT. PARCEL NO: TAX PARCEL NO, 7599 732 1.3 4 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FlORIDA SKETCH OF TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY~ ~,~ .'1-'" ,0 /\p \' ~ scl' EXHIBIT -6.... Pttge.:i.k. of~ PEPPER WOOD :'CONDO Phase 1 '. @ . ................'.... Phose II REGENCY; WOODS CONDO Phase /I Phose /II '" ". @ C1 POINT OF BEGINNING ". ......................~~LLEY STREAM DR, (~~~~)E Q ...... ............ '" e............................ VALLEY STREAM :Z:COURT iNC. CONDO ~ ~ @ 15 ~ 13.9 o '" o 'i TRACT M (ELY . GOU" 'tSTA its' TRACT MAP (P.B. 8, PG. 20) - ..[SOUTHCASTERLY 10' @ ~T~~~~ ---------- DRAINAGE . PARCEL 732 EASEMENT PROPOSED 10' T. CE BUCKEYE PALMS CONDO @ (O.R. 14.32, PG. 1467) TRACT A /,,// LEL Y GOLF EST AIES TRACT MAP (P.B. 8, P-G. 20) SECTION 19, TWP. 50 S., RGE. 26 E. /' ./ ./ ./ ... ./ ./ ./ ./ / / ./ / / --- CURI'E C1 Co2 @ CURI'E TABLE RADrUs Me CHORD Q'.j,J'Il7" Q70.OO IS4.n 164.58 g'.j,J'I57" . 1270.00 211173 215047 LEL Y GOLF [STA TES UNIT 1 . (P.B. 8, PC. 49) @ @ @ -' CHORD !lE:J,RjNG S ""'2I5'J2" W N ""'2I5'J2' e PREP ARED BY; 08/21/06 ADDED BEARINGS SHEET 1 OF 2 ..... 5!ES. NOLI ..... ..... ...... :::::: UNDAGE.DIC, Prol...101lll! .aatn...... p]a""...... & la.n4 .urnoYO'" ~\rt =: ~'. ~=~-= ~=;t= l~~~":::i~i ~W> ..c ~ MOL 1.1 I6U a4 D ~ 7Q:l; ("'1....110I 01/11/06 10' T.C.E. 03 27 06 PARCEL 732 BY; GUY P. ADAMS, P,S.M. NO. 4390 SCALE: 1" '" 1 00' DRA'M-l BY:.....!AL DATE: JULY 16 ?002 CHECKED 8Y:.JU:A PROJECT NO.: 7599-1 . FILE NO: 8289 ACAD NO: 8289-732 il PROJECT: NO. 7599 PROJECT PARCEL NO: 73' TAX PARCEL NO. 13-4 Agenda Item No. A October 24.2 06 Page 54 0 79 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA EXHIBIT -6- ParIe..:LL of..ll LEGAL DESCRIPTION PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT PARCEL 732 THE SOU THEA S TERL Y 10 FEET OF THE FOLLOWING DESCRIBED LAND; THA T PORTION OF TRACT M, OF LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED IN PLAT BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHEAST CORNER OF SAID TRACT M, LEL Y GOLF ESTA TES, AND RUN SOUTH 89'32'18" WEST, ALONG THE NORTH LINE OF SAID TRACT M, FOR 457.44 FEET; THENCE RUN SOUTH 28'33'33" WEST, FOR 527.00 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE RUN 164.77 FEET ALONG THE ARC OF A CUR VE CONCA VE TO THE NORTHWEST, HAVING A RADIUS OF 970.00 FEET, AND SUBTENDED BY A CHORD HAVING A BEARING OF SOUTH 33'25'32" WEST, AND A LENGTH OF 164.58 FEET; THENCE RUN SOUTH 51"42'29" EAST FOR 300.00 FEET; THENCE RUN 215.73 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 1270.00 FEET, AND SUBTENDED BY A CHORD HAVING A BEARING OF NORTH 33"25'32" EAST, AND A LENGTH OF 215.47 FEET; THENCE RUN NORTH 61 '26'27" WEST, POR 300.00 FEET TO THE POINT OF BEGINNING; Containing 2,157 Sq. . Fee) more or less. TEMPORARY CONSTRUCTION EASEMENT . , ... 'l. ."', "r ~ '~~aft!.:~~~~~j~:,} : '~r('C'il'/': Rc;';"'\":".'" If ~<. li.~ / ~ r ~ ~~ I ~ . .:~~ \\~ 1',- (.; " r~.~ r ~ "'" :,.~ ':'~~J PREPARED BY: "'ARINGS ARE 8ASED ON m< LaY GOLF ESTA7<S TRACT M 1" PLA T BOOK 8, PAGE 20, COLLIER COUNTY, FWRIDA ..... :::: GNOU ..... ==:== BER & . ...... ====== RUNDAGE,DlC. Proles.donal englneen, planner., &: le.nd survey-orr CoWIIt' COl1lll)'l h.U.. 1:00, "1"4.00 'r~ 'traU. Hcn'thl Napl.., J'L 34tllO {~!)IHI1-31U Lit ~=.t4 :'""i~~:,t.l::: ::.~ ~n.U14 ~~::-. no ~~ t:~=:~ 01/11/06 10' T.C.E. 03/27 06 PARCEL 732 BY: OF 2, GUY P. ADA SCALE: DRAVIN BY: CHECKED BY: ~ FILE NO: 8:189 NO. 4390 DATE: JULY 16 :1002 ROJECT NO.: 7599-1 CAD NO: 8289-73?i, .t. t.. eo- ":.- .~ Agenda Item No. A6 October 24, 2 Page 55 0 9 PROJECT: NO. 7599 PROJECT PARCEL NO: 7.'13 TAX PARCEL NO. 13.2 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26, EAST COLLIER COUNTY, FLORIDA SKETCH OP TEMPORARY CONSTRUCTION EASEMENT (NOT A TEMPORARy CONSTRUCTION EASEMENT . EXHIBIT...A.. Page..:J.L of..ll SURVEY) j~ .r//, \0 ~ .~ ~ )..~t:. \ sCr PEPPER WOOD CONDO PhOse II '. @ ................................ Phose If REGENCY WOODS CONDO Phose III Phose IV . '0, TRACT M: LEL Y GOLF ES7:A TES TRACT MAP (P.B. 8, PG. ~O) POINT OF BEGINNING ...... ............. 400.:00 VALLEY STREAM:. DR. (PRIVA TE ROAD) BUCKEYE PALMS CONDO @) . , ...............................,.....................,.......... .............. ' . b <;) c:i ~ VALLEY STREAM COURT If/C. CONDO @ ...............................:..........................,.... (O.R.~ 618, PG. :1729) VISTA RIO CONDO "c <;) c:i g @) --- rSOUTHEA:STERL Y 10" , --_._--~---.---~' ---- -----T--'4.oo:oo'--- ---__ PARCEL 7JJ DRAINAGE EASEMENT PR()POSED 10' T.C.Eo TEMPORARY CONSTRUCTION EASEMENT SECTION 19; TWP. 50 S., RGE. 26 E. 1,10' FP&L EASEMENT --- .> o "",0. ~o ~~ ~~ "?,'S i;"\ LEL Y GOLP ESTA TES UNIT 1 (P.B. 8, PG. 49) @ @ @ @ @ PREPARED'BY: ..... ::::. NOU ...... ::=:: ArmER & ...... :::::: RUNDAGE,,,,O, Pro!u.ional en.gineers, pla.nne:nrt &: lD.nd 8UI"Veyon OolUu C'O\blt,1 SuH.. lOCI, '-'00 'tuul ltIll TUll, :MorU:.r 1'1.,,1... n. ~108 (N1JmO'.3111 1... Coaat.:rl Butt.. 101. IIlU 1111lcl.r7 'u..ri. 70rt ~, PI. ~901 (Nl ;S~'''al1t Oerl1rtuLt oC J.uthoIinUQIl. No.. .Ui :J.C.U 1.Jl.{ D :.o.u )'&%1 (~1 -1tOI 01/11/06 10' T.C.E. 03 27/06 PARCEL 733 SHEET'1 OF 2, BY:. GUY P. ADAMS, P.S,M. NO. 4390 SCALE: 1" .. 1 QQ' DRAWN BY:.....JAL DATE: JUt Y 17. 2002. CHECKED BY:~ PROJECT NO.: 7599-1, FILE NO: . 8?89 ACAD NO: 8289-73~;; ~, A ,.. { PROJECT: NO. _ PROJECT PARCEL NO: TAX PARCEL NO. Agenda Item No. . A October 24,2 06 Page 56 0 79 7599 733 13,2 ' SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNT~ FLORIDA EXHIBIT --A. p--~ 01..5..2 LEGAL DESCRIPTION PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT PARCEL 733 THE SOU THEA S TERL Y 10 FEET OF THE FOLLOWING DESCRIBED LAND; THA T PORTION OF TRACT M, OF LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED IN PLAT BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE PARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T THE NE CORNER OF SAID, TRACT M, LEL Y GOLF ESTATES, AND RUN S 89"32'18" yv, ALONG THE NORTH LINE OF SAID TRACT M, FOR 457.44 FEET; THENCE FWN S 28'33'33" yv, FOR 127.00 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE RUN S 28'33'33" W FOR 400.00 FEET; THENCE RUN S 61'26'27" E, FOR 300.00 FEET; THENCE RUN N 28'33'33" E, FOR 400.00 I~EET; THENCE RUN N 61'26'27" W FOR 300.00 FEET TO THE POINT OF" BEGINNING; Contaimng 4,000 Sq. F.e;:, _re or Ie.". ," .... - -- ,f ,:,:,<"~~ ::: ,'::_ /.. -- ,., :..:::: TEMPORARY COt-.JSTR~~T~ON EASEMENT -. - -- - -. ~- ',~~:.. ~. ~; ~ PREPARED BY: ....~ a:a5. GNOU ::::: AnBER' &: ...-..13 :::::: RUNDAGE.Ilm. ProtenloneJ ong1nue!'3, plll.hIlOnf, &: land SU!"V9yors C"",, C'W1\r. lull. '''''. 7<"" T"",Un! Tn". No"", NopI"_ n. ",I" ("')"1-0111 .... ~:~... o':"i~.,;~~.t,1:: ~::'.'Z. ~~"'< i;"~' :rr. O;~ i:1;~:~; BEARINGS ARE BASED ON mE LEL Y GOLF ESTA TEs TRACT AP PLAT BOOk 8, PAGE 20, COLLIER COUN7'(, FLORIDA BY: SHE:ET 2 OF 2 01/11/06 10' T.C.E. 03/27 06 PARCEL 733 NO. 4390 DATE: JULY 17 2002. PROJECT NO.:-.J599-.1 ' ACAD NO: B?A9-7,1Q '. ~, . "ti. . ~ '.. ' "- PROJECT: NO, PROJECT PARCEL NO: TAX PARCEL NO. ' 7599 834-A 131 EXHIBIT -6-. Page.5Q.. 01..$2. Agenda Item No. A October 24, 2 6 Page 57 0 9 SECTION 19) TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF ACCESS EASEMENT (NOT A SURVEY) SECTION 19, TWP. 50 S., RGE. 26 E. -- - - --- -- -y - ---\- - - - - - - --~g~:E:~~E:ME:NT 110' FP&L EASEMENT \ \ TRACT B NORTHEAS-ft;ORNER OF TRACT M ..... m5.. GNOIJ 04/10/06 ::::: 834-A ...... ::::;: UNDAGE,.." Pro!onional englneenr, plCl.lUlera, &c land s\U"Y'elYOt3 CoUJ._ ColLD.\n hllol 200. '(400 T~1I&l. Tu.U. 2(gr1J:.1 Na.plM, n. '-'108 (~l)IIP7-81l1 ... ~:~... :,'".':U::.t1J:: ~:.~ a;;:...."". ~" ~' 110 "",':1. 1:1:~:~: CURVE: C1 C2 CURVE TABLE: RADIUS ARC 55.00 81.45 75,00 80,33 CHORD 74.21 88.73 DEL TA 84'51'Oa" 61'22'04" @ . . . . . . . . . . . . . . . REGENCY WOODS CONDO Phase III Phase IV (PR/VA TE VALLEY STREAM DR, ROAD) TRACT M . . . . . . " LtL Y 'GOLF' tSTA'TES ' TRACT MAP @ (P,B, 8, PG, 20) VALLEY STREAM @ COURT IN . CONDO (O,R, 618, PG, 1729) @ @ DRAINAGE EASEMENT LEL Y GOLF ESTATES U (P.B. 8, PC, 49) @ @ PREPARED BY: CHORD BEARING S 03'59'24" E N 2178'4J" W ~,~ .'1/' \0 ~ .'" <{// >..\,.'f-'. 'I SCr LINE TABLE LENGTH 28.83 33.81 81.08 149.83 13.04 BEARING S 89'39'2.7" W S 46'24'58" E S 38'26'43" W S 43'35'02" w N 46'24'58" W 127.00'. 2130, 1008 . . . . . . . . .. . . VISTA RIO CONDO 8@ g I") (O.R. 794, PG. 1467) PARCEL 834-A PROPOSED ACCESS EASEMENT AREA=2,902 SQ. FT. .:t (.') ~~ I-~ <::r-r: 0"'" Q..~ 91.40' N4J'<15J 12 LEL Y GOLF ESTA TES UNIT 7 (P'0)' PG\! . CD ~ o \1'\ 0_ ~o ~~ ~"t- ~'S ~ SHEET 1 OF 2 BY: GUY P. ADAMS, P.S.M. NO. 4390 SCA~: '1" = 100' DRAWN BY:~ D,ATE:-.MARCH 28 2Qe& CHECKED BY:~ PROJECT NO.: 7599-1 FILE NO: 8289 ACAD NO: 8289-8:i% . ."~ r PROJECT: NO, PROJECT PARCEL NO: ' TAX PARCEL NO, , , 7599 834-11 131 EXH,srr -L Pege2.. of-U Agenda Item No. A October 24, 2 6 . Page 58 0 9 " .. . SECTION '19, TOWNSHIP 50 SOUTH,' RANGE: 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROPOSED ACCESS EASEMENT PARCEL 834-A THA T PORTloN OF TRACT M, OF LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED, IN PLAT BOOK 8, PAGE 20, OF THE RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHEAST CORNER OF SAID TRACT M, LEL Y GOLF ESTATES, AND RUN S 89'39'27" W; ALONG THE NORTH LINE OF SAID TRACT M, 119,07 FEET TO THE POINT OF BEGINNING OF JHE HEREINAFTER DESCRIBED EASEMENT; THENCE CONTINUE S 89'39'27" W ALONG THE NORTH LINE OF SAID. TRACT M, 28.83 FEET: THENCE RUN S 46 '24'58" E, 33.81 FEET TO THE BEGINNING OF A CURVE CONCA VE WESTERLY HA V1NG A RADIUS OF 55.00 FEET, A CENTRAL ANGLE OF 84 '51 '08", A CHORD BEARING OF SOUTH 03'59'24" EAST A Ci-fORD DISTANCE OF 74.21 FEET, AN ARC DISTANCE OF Bl.45 FEET; THENCE SOUTH 38'26'43" WEST, B1.08 FEET TO THE NORTHWESTERL Y LINE OF A . DRAINAGE EASEMENT; THENCE NORTH 43'27'53" EAST, 149.83 FEET TO THE ARC OF A CURVE CONCA VE WESTERL Y HA VING A RADIUS OF 75.00 FEET, A CENTRAL ANGLE OF 72'31'39", A CHORD BEARING OF NORJH 21'18'43" WEST THENCE NORTH 46'24'5B" WEST, 13.04 FEET TO THE POINT OF BEGINNING. Containing 2,902 Sq. Fee~more or less. .' .,. '>:-.----..::~~<>~. .; ..,7i ~ ~~..~. ':r ........, '. - -. ~ ~ ~ /- -;--..':-.... ,. ... _. 7': ':.- ~ - . . ' "- . . ~"""; '.:. ~ ',';'-. :;;"~: . <~/,::' / ~. ..' . -""" . . -'f" PREP ARED BY: ..... me. NOU 04/10/06 ::::: BEE & 834-A ...... :::::: UNDAGE_ Professional e~.en, plannen, &: land l!Ur't8yora eew- Otrua.t;rI 1hIi!.l 100, 74DO ,.~ 'rn11. &rua.l :<<..,..., n lilH (Wl)e;tT-:Ull 1M Ccunf;n bU... 101, laa ~ ~ l'~.JI;rwn. II. 13CJ<l1. (~1).,'S.t7"':Ul1 Ccu&.,t. vi .4albori.u.ttoD, 1'... tl!I ~ &&4 I;B ~ l'u:l (~l__aoa SHEET 2 OF 2, By: NO. 4390 GUY P. SCALE: DRAVrN 8Y: CHECKEO 8Y: FILE NO: 8289 DATE: MARCH :>8. :>006 PROJECT NO.: 7599-1 ACAD NO: 8289-8346.' SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNT'G FLORIDA SKETCH, OF DRAINAGE EASEMENT (NOT A SURVEY) , ~,~ ~Tk". ~ ,\0 ')// . S. '\ scl" ~ ' a, ,J PROJECT: NO. 7599 PROJECT PARCEL NO: 1\34-8 TAX PARCEL NO. 131 CURVE: Cl CURV~ TABLE: RAOIUS ARC 75.00 80.33 CHORD 76.55 D~L TA 61'22'04" @ . . . . . . . . . . e . . , . REGENCY WOODS CONDO Phase 11/ Phose IV (PRIVA TE VALLEY STREAM DR, ROAD) TRACT M . . . . . . . . " LtL y 'GOU:.' ESTA'rrS TRACT MAP @ (P,B. 8, PG. 20) VALLEY STREAM @ COURT IN . CONDO (O.R. 618, PG, 1729) @ @ EXHIBIT A Page 52 of..s:.2.. Agenda Item No. A 'October 24,2 6 Page 59 0 9 CHORD SEARING S 15'43'56" ~ LINE TA8LE LINE LENGTH BEARING L1 13.04 S 46'24'58" E L2 115.04 N 43'27'53" E . . . . . . . . - . . VISTA RIO' CONDO' @) (O,R. 794, PG. 1467) PARCEL 834-8 PRO'POSED DRAINAGE EASEMENT AREA=3,738 SQ. FT. :t DRAINAGE EASEMENT SECTION 19, TWP. 50 S., RGE. 26 f. -----------\------\------ -- 110' FP&L EASEMENT TRACT B \ \ LEL Y GOLF ESTA TES U (P. B. 8, PG, 49) @ @ POINT OF -'COMMENCEMENT NORTHEAS~ORNER OF TRACT M ..> ,0 ~o. ~~ ~~ ~~ PERPETUAL, NON-ExClusrVe ~ DAAlNAGE 'EASEMENT LEL Y GOLF ESTA TES UNIT 1 (P.B. 8, PG\ 49) CD \ CD ...... m! 04/10/06 ::m ' A.E. TO D.E. ...... :::::: UNDAGE...., Prot...1onal Inl(.l..noe%'l', P~tW.81'1, &: lA.c.d lUM'eyol"W CoUiat ~ 1I1ll"" 110O, 74.00 '1'&ailtaJ. 'n.U. lCarULI JIl~ n. ~101 CI41$E"'UU 10M c..t;rI h;l~ 101, 1.,. ~ nr-t, htt ~ :n. 83liICIl (-.1 1-3111 c.ua...~ fit ~1:&oola..ft'"" IJl ~ Ur.t q NU J'1oZl. (141 .... SHEET 1 OF 2 BY: GUY P. ADAMS, P.S.M. NO. 4390 SCALE: 1" = 100' DRAWN BY:->o!AlL- DATE: MAFlCH 28. 200~ CHECKED BY:.JlfA PROJECT NO.: 7599 1 FILE NO: 8289 ACAD NO: 8289-834B oil;;' 'i PROJECT: NO. 7599 PROJECT PARCEL NO: 834-B TAX PARCEL NO. 13.1 EXHIBIT ~ Page-U of-U., Agenda Item NO.1 A6 October 24, 2 Page 60 0 9 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCR/r'?TION PROPOSED DRAINAGE EASEMENT PARCEL 834-8 THA T PORTION OF TRACT M, OF LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED IN PLA T BOOK 8, PAGE 20, OF THE RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT M, LEL Y GOLF ESTA TES, AND RUN S 89'39'27" W. ALONG THE NORTH LINE OF SAID TRACT M, 9.55 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED EASEMENT; THENCE CONTINUE S 89'39'27" W ALONG THE NORTH LINE OF SAID TRACT M, 109.51 FEET: THENCE RUN S 4ff24'58" E, 13,04 FEET TO THE BEGINNING OF A CURVE CONCA VE WESTERL Y HA VlNG A RADIUS OF 75.00 FEET, A CENTRAL ANGLE OF 61 "22'04", A CHORD BEARING OF SOUTH 15'43'56" EAST A CHORD DISTANCE OF 76.55 FEET, AN ARC DISTANCE OF 80.33 FEET; THENCE NORTH 43'27'53" EAST, 115.04 FEET TO THE POIN T OF BEGINNING. Containing 3.738 Sq. Fees more or less. .... -of ~. .... ,_ r. .~. "';;'.\ . -.. p .... - ....... - 0.. .-~:. '-. -: . ::... , ~ .. "0 .. ; ',. - -- _n PERPETuAL, NON-EXCLUSIVE DRAINAGE EAsEMENT - 1'" . , f PREP ARED BY: .....ti' , :::: NOLI ..... ::::: BER &: ...... ...... ...... UNDAGE_ Protonlanal e.D.gineel1l, pla.n.nen. & lc.nd. nlrnYOre ~~... ~ ~i. I= ~~ "~"~:l: ~~ l::i~.,';::m c:.ruao..... 0( ~~~ "'No UI ~ II.A4 D I54W 71lXl (Nl)&!1o-~ 04/10/06 A.E. TO D.E. BY: If A GUY P':-' ~O"MS, P.S.M. SCALE: N I c: DRAWN BY:_lA4-;. DATE: MARCH 28 20Q6. CHECKED B :-, ~ PROJECT NO.:-7599--1 FILE NO: 82B~ ACAD NO:-B289 834fi SHEET 2 OF 2 NO. 4390 /r; PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. 7599 836 1 EXHIBIT' ^ Agenda Item No. A ~ October 24, 2 06 pageft of..5.l... Page 61 0 79 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH or COUNTY DRAINAGE & ACCESS EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF COUNTY DRAINAGE & ACCESS EASEMENT) ~ '1<0 '~~, ? .... ?'i,. PREPARED BY: I \ \ \ \ ',-" V'o \ '0,,_ ,I , I- t ' t) II'" A'" -0::( I ", ", ~ I I ", """"0. ", ~I "" ~ " 1"0 , rP ' <'I ','<"( " LJ I~ >- ", <;. ", . I <rl ii:! ,15'.......' <::( N \.U """ _ " to 1"'" ""<<::;, t") ~ I ~ l2 ", '1--,>- co I I 2: f;;: 0", -J LJ I I ~ ~ Q.. t\I ", t5 c:i I I :?: -0::( f3 ~ c..:i "" ~ a-I 1--1 t; I.L. I- Q.. Q " Q."-l I ~-J(..)a5 '0 f;j' ~8~ . Vi I >- f' cq 0, I -J ~ Q. I L.a.l o -J Q:: I Q. I f- I r5 I C5 I V) L5 I I t5 I ~ I ~ I gs I I I I :::E ......." : CJ: '<::( a Ct: ~ ~ iE, a..: '-.:.,. . @ @ V) ~ C3' ;:s Q t'.i -J Vi <:( . I-lcJ~ir Ou..1- <:( -J 0 - Q::o<:(co f-,:0Q:: . >-f-,:~ cj ~ -J ..... 5m. GNOrJ: 04/10/06 ..... :::::. ADDED A..E. :====: UNDAGE.DtO. Prol....loUlll en(ineer., pla.nnll!n, &; land surveyor. CQw..r COUlVl lull.. 200, '401) Ta.m1ua1 TrfJl, MorUl; Hapl". I'L Ul0e (Nl)IIR'I'-:Ull LA. ~:=.... a~~~::;':~: ::.~ ~d,uUl ~n~, n. ~': ~::g:::~ @) LJ (5?\tQ \8J C\l LJ o ci CJ ~ L5 ~ <J) ).. lcJ .....J ' -J: ~i vf o It) @ ~ 0) ..... @ ~ ~ ~ tr) LEL,Y GOLF ESTA TES UNIT NO. 1 (P.B. 8, PG. 49) , , , " , " , " ", , , '" , , " @ SHEET 1 or 2 BY: GUY P. ADAMS, P.S.M. SCALE: 1" - 150' D RA \'IN BY: ......IA!:i- CHECKED BY:..m:A FILE NO: 8'89 NO. 4390 DATE: JULY 17. 2002 PROJECT NO.: 7599-1 ACAD NO: 8289-SD9 oJ EXHIBIT -A- Page :;S- of-a Agenda Item No. A October 24, 2 6 Page 62 0 9 PROJECT: NO. 7599 PROJECT PARCEL NO: 836 TAX PARCEL NO. 1 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LrGAL DESCRIPTION PROPOSED 20 FOOT DRAINAGE AND ACCESS EASEMENT PARCEL 836 THE NOR TH WESrERL Y 20 FEET OF TRACT A, (ADJOINING TRACT M) LEL Y GOLF ESTA rES, TRACT MAP, AS RECORDED IN PLA T BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 8050 SQUARE FEET OF LAND MORE OR LESS; ,'" ':; '",>, . ""\" :c -~,-;>:~",'::"';,,?::!,,,:_ .\'.~..~.".~..:~'::;.~,. ~,'~ ,.:" ~;>, ."'_. ~ ~~ .v'~ :-:-::: ;:3:" .~,,~. -:ro. ',~;~:.,. I..., :.;..:\ t::":-:.trP .. ....<,,, :-:,:;;,:::~~:i;~~;:>' ~. . '~'. ..'\...~.: .~. .~... ..... ... ... ... :. HER &: ::::.. UNDAGE""", Profe8111otlAl enaw.ellI'll, p1.a:zmen, & l.a.nd .-unuyon ~c.:V1 := ~: ~= ~ ~ J(~.= ~ ~~ f::B:~::U~ Cwt:UIe..t. at ~~ !CO&. Ioa_ SISN &all D MU h:a C-.J)IOI-aoa 04/10/06 ADDED A.E. 09/05/06 ADDED AREA SHEET 2 OF 2 BEARINGS ARE BASED ON THE LEl Y GOLF ESTA rrs TRA ' PLAT BOOK B,PAGE 20, COLLIER COUNTY. FLORID BY: NO. 4390 DATE: JULY 17 2004 PROJECT NO.: 7599-1 ACAD NO: 8289-SD~ "1 EXHIBIT ~ Page..& 01.5..2... Agenda Item No. A October 24, 2 06 Page 63 0 9 PROJECT: NO. 7599 PROJECT PARCEL NO: 837 TAX PARCEL NO. ' SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF COUNTY DRAINAGE & ACCESS EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF COUNTY DRAINAGE EASEMENT) ,~ ,~ POINT OF tfr''b 1/.' ~ ~ BEGINNJNG+~IP ~ ~~~.. 1.l'('I '~ 1"~'~~ ?.. "I- ?,j'o, LINE: TABLE: LINE: LENGTH 11 35.15 S 29'55'24' W @ ;@ I- i3 ~ CI) L5 ~ ~ '<( 0.:: Cl TRACT A LEL Y GOLF ESTA TES TRACT MAP (P.B. 8, PG. 20) @)'(ID CURVE: Cl C2 DfJ. TA 72'58'1T" 08"18'51" CURVE TABLE: RADIUS ARC 30.00 38.21 30.00 35.77 CHORD CHORD BE:ARING 35.58 S 35"10'22" E: 33,59 N 83'40'29" W SHEET 1 OF 2 PREPARED BY: ..... Em 04/10/06 :5:55 ADD TURN OUT :::::= UNDAGE,JIIC. . Prot...lo~ eIl(in..l'II, plA::m.en. &: land l'UM'Wyon ~c.:tjpt =~ ~'. ~= ~-= ~]I:=; ~ ~~ ~=~~::~i~ c.naa.... 01 ~ B... I.J U66 ad D 110M hm {1I41)6N-aoa BY; GUY P, ADAMS. P,S.M. NO. 4390 SCALE: 1. .. 1 50' DRA\YN BY:->lAl::L.- DATE: JULY 17 2002 CHECKED BY:....m:A PROJECT NO.: 7599-1 FILE NO: 8289 ACAD NO: 8289-837 " EXHIBIT -A...Agenda Item No. A pageQ of....s.:L October 24, 2 06 Page 64 0 79 PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. 7599 837 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROPOSED DRAINAGE de ACCESS E:ASEMENT PARCEL 837 ALL THAT PART OF TRACT B, LELY GOLF ESTATE:S, UNIT NO.1, AS R!:CORDED IN PLAT BOOK 8, PAG!: 49, OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA BEING MORE PARTlCULARY DESCRIBED AS FOLLOWS; BEGINNING A T THE NORTHWEST CORNER OF SAID TRACT B; THENCE NORTH 89'32'18" EAST 7.40 FEET TO TH!: NORTH QUARTER CORNER OF SAID SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE SOUTH 89'39'41" EAST 22.60 F!:ET; THENCE SOUTH 0'26'59" WEST 64.00 FEET; THENCE SOUTH 37'31'06" WEST 234.75 FE!:T; THENCE SOUTH 28'33'33" WEST 230.38 FEET TO THE B!:GINNING OF A CIRCULAR CURVE: CONCAVE: NORTHEASTERLY HAV7NG A RADIUS OF 30.00 FEET, A C!:NTRAL ANGLE OF 72 '58'11", A CHORD BEARING OF SOUTH 3516'22" EAST A CHORD DISTANCE OF 35.68 FEET, AN ARC DISTANC!: OF 38.21 FEET; TH!:NCE SOUTH 29'55'24-" WEST, 35.15 FEET TO 7HE ARC OF A CURVE: CONCA VE: SOU7H!:RL Y HA lANG A RADIUS OF 30.00 FE!:T. A CENTRAL ANGLE OF 68/8'51", A CHORD BEARING OF NORTH 83'40'29" WEST A CHORD DISTANC!: OF 33.69 FEET, AN ARC DISTANC!: OF 35.77 FEET; THENCE SOUTH 28'.33'3.3" WEST 390.11 FEET TO TRACT A; THENCE SOUTH 66'27'45" WEST ALONG TRACT A 32.56 FEET,' TH!:NCE NOR7H 28'33'33" !:AST ALONG TRACT B 983.90 FEET TO THE POINT OF BEGINNING OF' TH!: ORA/NAG!: AND ACCESS !:AS!:MENT H!:REIN DESCRIBED. CONTAINING 26,269 SQUARE FEET OF' LAND MOR!: OR LESS; . :.,f"~:,::::~ .::~;:::. '~:':>~ - ,:'...'~' ":; ~, .~ ~ i< :;: ..-:~: ~;~ t'::' ; '~ :-, .., , ": ~:T i:~f,;,~ l c;\,..\:'~:t.;:; i:; ,'.. ''''r.C''Io"t;-,,>:11>r, ...,,1 ..:<:;!~ ';;,,':':;,1' ,:0:',.",""" .' ..... :::: GNOll ..... =:=:= HER & ...... ::===: UNDAGE,ma. Profell.ional !!D.iineera, phumen. .\: land aurwyorll Coll1no COUAI.,n luit.oe :too, 7+00 T&m1u:nf. TnU, Norihi Hlpl... n. ~lOll (lUl}~vr-:Ul1 L.I CoI.Ul,I;J'l Iut~ ID1, luo Blrtllll7 8tnet,. Fort ~, n s:JiOl (Hl):I::!1-::!111 Cn1.Ul.Olt.oe or AuthorislUOD k.,., 1JI ~ uul. Q 3664 lUl (~L)6oII-~ 04/10/06 ADD TURN OUT 09/05/06 ADDED AREA SHEET 2 OF 2 PREPARED BY: BEARINGS ARE BASED ON THE LEL Y GOLF ESTA TES TR PLAT BOOK 8, PAG!: 20, COLLIER COUNTY. FLORI BY: NO. 4390 DATE: JULY 17. 2002 PROJECT NO.: 7599-1 ACAD NO: 8289-837 LELY AREA STORMWATER IMPROVEMENT PROJEC.T CONSTRUCTION PHASING PLAN if · l;f@,_ ,-'" "1 ~ r=\'D) ,m is ~: "" lC'!l\ Or" ,-' ,1!::!..-,"_,,"~-~/'''''!' ~ iL_.., -e.T~-1 - - - -', ~:: lb~h 1__ [ "0 ~' G:J ~ m ''fa' 'm , If ' RATTLE NAKE HAMMOCK RD RADIO RD. tI) ~ t!l <: ~ Q. ~ IL 4 C9;'~ - .A ~~ ~ ~ ~ ('"~ fD '^' .-l "Y ~'" ". 1 JfS 1!: + o I 0.5 I Miles 1 I LASIP Construction Phasing Plan Phase Year No. 1"rOIec:c Name 1 R8tt1e Sn8lal Hllmmook 2 'COUriIv Bam Raoad' I 2006 a L.81v Branoh CliIllIIR8l Ham to K111C1l1 Lakel PH 1 .. Mliiiiiilon I.8nd Aestoratlon !Cleartna) 2001 Toad . LillY 8",nol1 Call1IIRIOt Ham to K111C1l1 Lalce} PH 2 . Nol1henl RoIIaI Woad 7 C_ RoIId 2 200T' Cope 1.811I t Roodl Wood Lalla Interoonned (one onlY) 10 Letv Main ClInel IE... Well S of Rat Ham) 11 Lely Main Cenal 1S4lb81 BlIV) PH 1 12007 T Cltal 12 ILliIY Stanch ClinellUS 41 to Rat Hem) 11 LeIY MaIn Canal {Sabel Ba"" PH 2 a 2008 14 ll'll\/~ B.v Eat lIAIv Manor 1. M~i9ation Land Restoration (planting. PH 1) 2OD8 lOUlt ~ S <: 0:: ~ In ~ <: ~G9 u RADIO RD ~ -J ll:l ~ l% 0:: ~ i5 ,fa, ~ ~ it ~~ ()"r - 10 0> Q:: II.) '- ..:, I",t.'l 0.' Er" \ "I Eat. eost $ 2 900.000 $ 6000.000 $ 1 422 000 $ 378']i1 Ii 10;roo:;!!]- 3.226.0001 Ii 1.224 000 Ii 136 000 Ii 48,000 Ii a ClOO s 1.380.000 $ 2 .'0,000 Ii , Ii 1 91~~ $ 5.626 000 $ 3.961 000 $ 11<4.000 $ 'U17.ooo p , , m a Legend Phase No. Start Om ..-..-.. 1 2006 1F "'P 2 2007 3 2008 -.-...-- 4 2009 ~ 5 2010 " ',~ -l-+- 6 2011 CJ Project Boundary .. I EXHIBIT A~ / ,. MlltomlOlll.8nd ReIaonttion P..nti..... PH 2 17 Northwlllt RlWlIl Wood 1. -I Wood Lake lnteroonn8Ol11 200ll 11 $lIndv I.8neJWlntfIIrnJIh tnlerconnecl 210 Whl!lllcar Road 2'1 Haldltmlll1 CnHIIc CCB Rd . Rlver1ll) 22 TIIlYt.e Ball WfIllI canal Ct..elV Manor) PH 1 200t Tobit '~ $ 828000 Ii 2 .858 000 $ 1 II!l4 000 $ 1 428.000 S 835.000 S 1 581.000 $ 2,&48.000 $ 11,881,000 ~ , 767.000 $ 5 141.000 $ 6115 520 $ 5'" 140 $ 5'''.140 $ 514.140 $ 856800 $ 771.210 S 1G,71Ioa,lII>ll . 2S TIIlY~ Ball W_ Clinel {Lelv Manorl PH 2 :M Tl1N.ohV North Canal 21 NlIDI8B Mllnor OUlfa' No." 21 1- Mllnor ClWt.. "".3 2010 %1 OlIvia Blvd. Weir 21 OIIvlia Blvd. 21 W,1YlIIOUIh AlmIIlrlt Wesl Olannel 10 ~Alnl8r1t e..I Channel 11 Na- Mllnor North Canal 2011 12 Nan. MiInor DItch E~ as U.S. 04' CIIoh 2011 Total PrOlllCt TCltaI $ ~511000 $ 1.886 000 S 2.m.000 S 7.180,000 S 81.139,010 . PREPARED BY: COLLIER COUNTY TRANSPORTATION SERVICES DIViSION STORMWATER MANAGEMENT DEPARTMENT Agenda Item No. 10A COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS . -" --. . -, ---- .,~.__..__.._..._-_.._,. -- ,...-..-.,... PROJECT No. 511012 LEL Y AREA STORMW A TER IMPROVEMENT PROJECT LOCATION MAP I ; RADIO RD LEL Y BRANCH CANAL (RAT. HAM. TO KINGS LAKE) ALL EASEMENTS ACQUIRED ''"~\ C) 0:: ~ O:i ~I >-1 I- ?, ~: 51 0, ! Lely qanal Basin ~I !Xll q:i 0:\ q:, ~I !XlI ~-,--"./' <: q: V) \ LEL Y BRANCH CANAL (US 41 TO RAT. HAM.) EASEMENTS REQUIRED LOCATION SEE EXHIBIT 8-1 I EXHIBIT B I TREVISO BAY EAST CANAL EASEMENTS REQUIRED LOCATION SEE EXHIBIT B-2 / I / PROPOSED BY: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TRANSPORTATION SERVICES DIVISION STORM WATER MANAGEMENT DEPARTMENT HORSESHOE S<.)UARE, 2885 SOUTH HORSESHOE DRfVE f-.\f'LJ," FLORIDA34104 P391774.lW!2 PROJECT MANAGER: GERALD N. KURTZ DATE: APRIL, 2006 N + 0 0.5 I . Miles - LEI.' .\J{L \ ~d ()R'I\\',\TEI{ I\IPI{O\'E\ILX-I PIH).JEC': Fn.'~Sr ~ I LL\ \1 \1'\ ,\!\D HR \'\( III<1CIII OF \\ \ '\ \( <)1 ISITIO' \1 \P 1 I .J o ( \ I I \ ~\ ~ \ ~ " ~ " I III I I "-.'z_ II rM ~ ---------------1 \ I.. I~i ~ 1, II i .0 I ;rl'-, \ II ( ~' I : I i \ I i!i t \~ ,/ \. \ ~~\ ~ \.--\----1 ~\ ~--'\ \ ~ \ _J~ \ \ ,--'\ l.:.i >----\ '\ I \ \ I \~t_-.-J BISCAYNE DR \ \ \ ----- RATTLESNAKE HAMMOCK RD i /1 5S,S /"'-.. ".9<000, ,/ ............." / --....... iOl TC~ "'\ I L" {J:: " (J/ P/ f.l, / $5150.980' if'/ OoJ / f l;.... / ....... f ",_ I I r/'-.... ,,/ \'\ " " ~...., ......,,'1</ f' '\, //t._-.." ~f ""''''''- / QQ;o '" , ~~, " ", , .' 'f,' '. ,/ * \,/ -9 \;/ ....r.:..;y '>/~~ /<,,~~ '... .,' 9:>~'J" ", ,,'t:: \" ,/ ~':l ,< ":.S7)', .<~...':l .,.... 6'" ~.",,,,- ,/ ./ ,,/ ,/ ,/ " "\ /' ",,/J-/'~, ,/' '-,."./ \.-,," . ~" "\ ,,,/' / ';, ~ ~ 00;9. . i:l'.a.. \,.'0> -o~ -# " n 'f/' , J(/- .\,Lf.. ~ , ~~ 150 . 300 I Feet I EXHIBIT B-1 I Legend Pareela =1 LrlY Bjnch Canlll (US 41 To klnga Lake) Right of VWy RraY Acquired PREPARED BY: Collter Count.' TriJnspon;:~tfOn Scnl/c~s DIVISIOn Stormwater Management Department WARWICK HILLS DR I .' I I i ! ' , ~----l-l-'-r--T , I . , ; i ; , ~ . OAKLAND HILLS DR- \1-nTI-- .~\ I I ! . '\,,\:--rT,__m //;"" \'",-1 i -'<, / ...... I------r---I ,. , I --L.__J_,__ Agenda Item No. 10A October 24. 2006 LELY AREA STORMWATER IMPROVEMET PROJECT pta.~~7f TREVISO BAY EAST CANAL RIGHT OF WAY ACQUISITION MAP ---~-.. ! t , '\ -:' . 0:"., ,__"."L~ 'i r---r30' 30' j i I ~:lnOOOOC8 I -:-- _._,.~.l_.____, t! : !,'(=~-130;- , ii' 30'1 f RAINTREEllll --J~ j! .nq:SI.Pj:jff TREVISO BAY ';':~~9f~nnL-2 1ft o o o co .- .- CIO .... o co " 1 \ . '\ '~~~==~'1=1s~";}~;~~, '\ 30 ,'O,,~!i --- '\ " CYPRESSLN \ " " >'i " ,~ 'T - fl I I I I .!.. " I I '" x I I I MYRTLELN I I <Off I ENLARGED, I ,'/ "l I DETAIL "t t ~ I I II ~ Ii - c-, --~" '60' l " '. , / ~'S,,()\EJ. / ~;"::,'j'm} / I / / / / / F F MAPLELN i;,'" ~<\), o~ ~ '?< ",1-0 0" ' -'?~ ~ ~ '""l ~ >-. 1}' '. ~ MYRTLE COVE ACRES r.J Cl c:i Cl "" CIi Cl ~ Cl ~- 1ft o o o CIO o o CD .... o co I I I I I I I I I 1 / ~,j "!~-..::'I"J' '.__ ~ >. ':"" -~l 60,.i"'-;'Y"~ -.... 0....._ L~ 5~'_' :<'~0-? ( \ \ \ \ " '" .~~ "-, "- \. \ \ \ ) MYRTLE COVE ACRES I / I I I r I \ \ \ \ '-___________1/ TREVISO SAY ENLARGED DETAIL Legend rsJ Right Way I Parcels Acquired o Trevrso Bay East Canal Right of Way Acquisition o Parcels 44304000 - Parcels 10 ,.~,: if. ~'-', I; _'~ __ i:~~~~f. ".:~Ul:.o~\' , ..(\'''''''" /<,,",~fiOll'~' J \. ~"~~~(:2~~' :~) ~!,~:>.;;i!~"'y>' j , ."~ i ' ::-.. ~ ',.' ".. ," PREPARED BY: Collier County Transportation Services Division Stormwater Management Department + o I soo I Feet I EXHIBIT B-2 1 <$I"" -s. , JI)o. -"", 'S- Ill..... 1.000 I Agenda Item No. 10A October 24, 2006 Page 69 of 79 '::1iIl ",<II AGNOLI BARBER & BRUNDAGE, INe EXHIBIT "e" Professional Engineers, Planners & Land Surveyors 7400 Tamiami Trail N., Suite 200, Naples, Florida 34108 9990 Coconut Rd., Suite 103, Bonita Springs, FL 34135 Phone (239) 597-3111 Phone: (239) 334-1173 Fax: (239)566-2203 Fax: (239) 334-1175 MEMORANDUM Date: To: From: Subject: April 11, 2006 Jerry Kurtz, P.E. rt;... I L Daniel W. Brundage, P.E. \!}JIU Condemnation Resolution for LASIP System On May 9, 2006, the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to construct portions of the Lely Area Stormwater Improvement Project (LASIP). This memorandum contains vital information that the Board of County Commissioners must consider in adopting this resolution. The LASIP system will provide a comprehensive stormwater outfall system for an area of East Naples formerly known as Water Management District #6 which has for years experienced an increasing level of drainage related problems as growth has continued in the area. The drainage area of LA SIP consists of about 11,135 acres and consists of two sub-basins known as the Lely Canal Basin (LCB) system and the Lely Manor Basin (LMB) system. The Lely Canal Basin discharges into an estuarine coastal zone along the intercoastal waterway near Dollar Bay. The Lely Manor Canal discharges into an estuarine coastal zone near the headwaters of Sandhill Bay and eventually into Rookery Bay Due to the lack of a comprehensive drainage outfall system in the LASIP area continued development ofthe area has impacted flood levels as well as water quality. Available data K:\7599 Lely Outfall Basin\Correspondences\Memo\09-097Y05.MEM.doc Agenda Item NO.1 OA October 24, 2006 Page 70 of 79 indicates that water quality is generally good at present but could be expected to deteriorate unless an improved water management outfall system for the area described as follows is developed. Lelv Canal Basin The existing Lely "Main" Canal flows from Rattlesnake Hammock Road south then west parallel to Rattlesnake Hammock Road, then south again and through the.bridges at U.S. 41 and south until it discharges into an estuarine coastal zone along the intercoastal wateIWay near Dollar Bay. The flow capacity of the canal and structures in the Main upstream of the U.S. 41 bridges will be increased. At the downstream discharge of the Main canal a spreader lake with a control berm elevation of2.5 NGVD will be constructed to eliminate current over drainage, salt water intrusion, and provide a broader distribution of fresh water instead of the existing concentrated point discharge. South of Rattlesnake Hammock Road a weir will be constructed at Doral Circle to raise the nonnal stage elevation to 4.0 to eliminate current over drainage. The proposed plan will extend the Main canal system upstream using the stonnwater management system of the Royal Wood Development. A network of smaller canals, weirs and swales is proposed to provide appropriate flood relief without over draining existing wetlands. One new canal system will be extended from the northeast comer of Royal Wood to serve the northeast portion of the Lely Canal Basin area. The canal will extend from Royal Wood upstream to the southern edge of a wetland area near Cope Lane. Three weirs will be placed in this canal to maintain water levels in the wetland areas and to cause flows to continue to pass through a historic slough lying in a northeast to southwest direction across Cope Lane, Country Road and Whitaker Road to provide lateral distribution of excess flow into the proposed canal. Water levels in these swales will be maintained by the downstream weir control elevations. The weir structures have gates that allow lowering water levels if needed after or in preparation for a major stonn event. Also an east to west canal will collect part of the drainage from the area along Sandy Lane. It will also provide a cross-basin connection that will normally be closed, but K:\7599 Lely Outfall Basin\Correspondences\Memo\09-097Y05.MEM.doc 2 Agenda Item No. 10A October 24,2006 Page 71 of 79 in special emergency situations can be opened to allow interconnection of the Lely Canal Basin and the Lely Manor Basin systems. A culvert and canal system will also extend from the northwest corner of Royal Wood up to Whitaker road. It will provide added capacity for flood relief for the downstream end of the slough and for the area between Royal Wood and Whitaker. A tributary called the "Branch" joins the Lely Main Canal a short distance upstream of the U.S. 41 Bridge and east of the intersection ofD.S. 41 and Rattlesnake Hammock Road. The Branch provides drainage for the developed area along the Florida Power and Light Corporation right- of-way north of Rattlesnake Hammock Road, the areas surrounding Loch Louise and Crown Point developments located south of Davis Boulevard, and the developments along the north side of Davis Boulevard. The proposed plan calls for increasing the capacity of the Branch downstream of Loch Louise, reconstructing the Loch Louise weir, constructing a new weir at the northern end of the existing triple box culverts under Davis Boulevard, and extending the collection system along the north side of Davis Boulevard to its full planned length east of Santa Barbara Boulevard. The project along the Branch system also includes constructing a weir structure at the intersection of the Haldeman Creek Basin system and enclosing an existing ditch south of Loch Louise (the north ditch of Riviera) in a storm drain. Elsewhere in the LelyMain Canal system, improvements associated with three road projects, Rattlesnake Hammock Road, County Barn Road and Santa Barbara Boulevard Extension will have LASIP drainage features either constructed or made active. The majority of wetland impacts of the proposed project are related to modifications involving excavating existing canals. However, there are some areas where new canal and swale construction will create new wetland impacts, although extensive effort was made to avoid or minimize these impact areas. The capacity of the Main Canal downstream ofD.S. 41 is to be increased by excavation to a larger cross section and the construction of an outlet spreader lake designed to flow into existing wetlands immediately to the south, west and east of the canal. Wetlands will be impacted by this K:\7599 Lely Outfall Basin\Correspondences\Memo\09-097Y05.MEM.doc 3 Agenda Item No. 10A October 24,2006 Page 72 of 79 construction but impacts are offset by the improved flow conditions into the existing receiving estuarine wetland area. Lely Manor Canal - The Lely Manor "Main" Canal collects stormwater from within the Naples Manor subdivision, developments to the north, and from the drainage area to the northeast of Naples Manor subdivision. Storm water then flows west to the U.S. 41 culvert which discharges into a wide canal oriented east to west eventually discharging into a large fresh water marsh. The lower main begins south of the marsh and discharges into an estuarine coastal zone near the headwaters of Sandhill Bay and eventually into Rookery Bay. A number of smaller canals provide internal drainage for the Naples Manor subdivision and discharge into the U.S. 41 road ditch. Stormwater in the road ditch flows through three additional culverts and to the south and then to the west to the lower main canal. The proposed plan downstream of U.S. 41 is to increase the capacity of the main canal to provide flood relief for upstream areas. Additionally, a weir will be constructed to prevent over drainage of a large wetland marsh and a spreader lake will be constructed to prevent over drainage while eliminating the current problem of a freshwater point discharge. The plan will also create a new north/south canal system roughly along the east side of sections 30 and 31 of Township 50 South Range 26 East. The existing canals that currently divide a historic slough/flowway will be abandoned (by future development plans of the land owner), a pump station will be installed to re-hydrate the slough, capacity improvement will be made to the existing canals extending from U.S. 41, and a new discharge point will be created by constructing a spreader lake adjacent to another wetland flowway system that has been cut off from historic sheet flow for many years. Upstream of U.S. 41 the proposed plan will make capacity improvements to the north perimeter canal of Naples Manor, including construction ofa weir at Warren Street to reduce current over drainage impacts to adjacent wetlands. Capacity improvements will be made to the canal along the north side of U.S. 41 to allow for lateral distribution of storm water to all the culverts crossing K:\7599 Lely Outfall Basin\Correspondences\Memo\09-097Y05.MEM.doc 4 Agenda Item NO.1 OA October 24, 2006 Page 73 of 79 beneath U.S. 41. For safety and capacity reasons, one existing channel within the Naples Manor subdivision will be enclosed in a pipe. Upstream of the Naples Manor subdivision, the southern end of the existing Rattlesnake Hammock slough will be bermed and a discharge weir constructed to prevent current over drainage into the north perimeter ditch of the Naples Manor subdivision. North of Rattlesnake Hammock Road the existing piecemeal system of ditches will be modified to create a manageable stormwater system. Strategically located culverts, weirs, and channel improvements will direct stormwater flow existing remnants of the northern end of the Rattlesnake Hammock slough. Weirs are located with control elevations to provide flood protection while keeping the adjacent wetlands as wet as possible. A major component of this reconstruction involves connecting the existing perimeter canals around the Wing South Airpark into the Lely Manor Basin canal system. The areas of wetland impact are at and near the proposed discharge spreader lakes, the wide main canal south of U.S. 41 and the lower main canal, the proposed new Region 5 East outfall canal, areas near the County's South County Water Reclamation Facility, and areas around the Wing South Airpark. The impacts are minimized by installation of weirs to maintain water levels and to promote replenishment of existing wetland areas in the lower and upper parts of this basin. A weir is proposed at the upper end of the lower main canal to maintain water levels in the fresh water marsh. A weir is also proposed north of the Wing South Airpark to maintain water levels in the extensive wetland preserve areas of developments to the north. The majority of wetland impacts of the proposed project are related to modifications involving excavating existing canals. However, there are some areas where new canal and spreader lake construction will create new wetland impacts, although extensive effort was made to avoid or minimize these impact areas. An easement is required across the parcels indicated on the exhibits for the purpose of construction of the described drainage facilities as well as access for maintenance of the system when constructed and in operation. K:\7599 Lety Outfall Basin\Correspondences\Memo\09-097Y05.MEM.doc 5 Agenda Item NO.1 OA October 24, 2006 Page 74 of 79 Staffhas considered the following factors before concluding that this easement must be acquired, and this memo serves to summarize them for the Board's benefit. 1. Alternate Routes Alternate alignments and configurations of the proposed improvements have been exhaustively analyzed as part of the design and permitting process for the LASIP system. A detailed alternatives analysis was prepared for the permitting agencies and is presented in a document entitled "Lely Area Stonnwater Improvement Project" dated October 2001. Throughout the permitting process each alternative configuration was reviewed and debated and it has been determined that the current design is the one that provides the most public benefit with the least environmental impacts. 2. Safetv Factors Construction of the LASIP improvements will provide needed stormwater outfall capacity for the Basin and thereby reduce the threat and damage of flooding. 3. Lone Ranee Plannine Factors The LASIP improvements are part of the County-wide plan to improve the level of service for flooding and flow-way enhancement within the Basin and further the stated goals, objectives, and policies of the drainage/stonnwater management sub-element of the Collier County Growth Management Plan to unify and implement the County-wide Stormwater Management Plan that provides an acceptable level of service for stonnwater controls and environmental management objectives. The project improves the LASIP regional stormwater management system and natural flowways within the area. K:\7599 Lely Outfall Basin\Correspondences\Memo\09-097Y05.MEM.doc 6 Agenda Item No. 10A October 24, 2006 Page 75 of 79 4. Environmental Factors The LASIP system has been designed to limit the amount of environmental disturbance as much as possible. Natural flowways and sloughs have been preserved and incorporated into the design as much as possible. A pump system has been included in the design to re-hydrate an existing wetland slough by pumping excess stormwater from within the LASIP system into the slough. Weirs have been incorporated in the design in order to avoid over-draining the Basin. Spreader lakes have been designed at the ends of the three major outfalls to disperse the discharge as sheet-flow to the receiving waters/wetlands. 5. Costs Cost to provide the LASIP improvements have been carefully considered as part of the alternatives analysis and design of the project. As the project has been refined during the design and permitting process. more specific costs have been developed and considered as part of developing a financially feasible construction phasing and Capital Improvement Program. The design of the improvements maximizes the improvement benefits while minimizing the amount of impact to the environment and adjacent properties. We are pleased to advise you that the construction of the first phase ofthis project is anticipated to commence during fiscal year 2006. Thank you for your time and review of this vital information. K:\7599 Lely Outfall Basin\Correspondences\Memo\09-097Y05.MEM.doc 7 Agenda Item No.1 OA October 24, 2006 Page 76 of 79 Co..,. County '--~- Memorandum To: James Mudd, County Manager EXHIBIT "D" From: Norman Feder, Administrator Transportation Services Division Date: April 3, 2006 Subject: Condemnation Resolution for LASIP Phase 1 On May 9, 2006 the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to construct portions of the Lely Area Stormwater Improvement Project (LASIP). The property will provide the necessary land to construct a comprehensive stormwater outfall system for an area of East Naples formerly known as Water Management District #6 which has for years experienced an increasing level of drainage related problems. Obtaining all necessary LASIP State and Federal environmental permits has been has been a very long and arduous. An Environmental Resource Permit from the South Florida Water Management District was issued on October 13, 2004 authorizing construction and operation for phase one of the project and conceptual approval of all future phases and the remainder of the project. This phase one construction authorization expires on October 14, 2009 per special condition number one. All phase one construction must be completed prior to this date. Conceptual approval for the remainder of the project must be renewed every two years from date of issuance (October 13, 2004) by submittal of a permit modification application requesting construction authorization of the next phase. An Army Corps of Engineers permit was issued for the entire project on July 25, 2005. This is a construction authorization for the entire project which expires on July 25, 2015. With these two critical permits now issued, construction planning is well underway with commencement of a portion of phase one construction following the 2006 rainy season. Right of way (easement) acquisition is essential to complete phased construction of this project within the regulatory permit timelines. The following sections of LASIP are anticipated to commence construction this year. They are permitted with all necessary easements acquired. 1. The deepening and widening of a portion of approximately 5,200 feet of the existing Lely Branch Canal from Rattlesnake Hammock Road north to the southeast corner of the Kings Lake Community. Improvements to this section of canal will be completed in two phases. Page 1 of3 Agenda Item No. 10A October 24,2006 Page 77 of 79 2. Restoration of 109 acres of property purchased adjacent to Collier Boulevard, located immediately north of the Naples Lakes Development, as required mitigation by the South Florida Water Management District and the Army Corps of Engineers. This work will proceed in phases. The first phase will include hand removal of all exotic vegetation in select areas. Subsequent phases will include mechanical clearing of exotics in other more heavily impacted areas followed by replanting with native species. An annual maintenance and monitoring program will also commence for a minimum of five years. A small passive park with a mulched trail and wildlife observation deck is also planned. 3. Construction of LASIP components associated with the Rattlesnake Hammock Road Improvement Project. This includes installation of approximately 3,500 feet of box culvert which will convey off site storm water flows to the west and south. 4. Construction of LASIP components associated with the four laning of County Barn Road. This includes approximately 6,600 feet of box culvert and 4,300 feet of open ditch LASIP elements planned to commence construction in 2007 and 2008 that are permitted but require easements and are: 1. The deepening and widening of approximately 1,900 feet of the Lely Main Canal from the north side of US 41 to the south side of Rattlesnake Hammock Road. 2. Construction of the Treviso Bay (AKA Wentworth Estates) Lely Manor East Outfall Canal, approximately 7,100 feet in length. This includes a seven (7) acre spreader lake located at the downstream (southern) end of the project and a stormwater pumping station located at approximately the canal's midpoint. The pumping station wi11lift surface water out of the canal and direct it into a wetland located on Treviso Bay property with an ultimate discharge into Rookery Bay National Estuarine Research Reserve. The Treviso Bay Development has committed to convey to Collier County all LASIP easements necessary within their project area. The remaining easements necessary to construct the Lely Manor East Outfall Canal are all located adjacent to Treviso Bay Development. Construction of LASIP is currently planed to occur in a total of six (6) phases with each phase including several elements in different locations during years 2006 through 2011. Depending on funds available this work may be required to be distributed over an additional 2 to 3 years. Some future phases include elements currently only conceptually designed which will require additional easements. The easements included in this condemnation resolution make comprise all parcels necessary to complete construction through the first three phases. The LASIP Construction Phasing Plan is attached. Also attached is a technical memorandum from Daniel W. Brundage, P .E. with the firm of Agnoli, Barber and Brundage, Inc., Professional Engineers, Planners, and Land Surveyors. This memorandum summarizes the factors necessary to consider approval of the Condemnation Resolution for acquisition of all parcels necessary for construction of elements 1 and 2 of the Page 2 of3 Agenda Item No. 10A October 24,2006 Page 78 of 79 project's first phase. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution. Thank you for your time and review of this vital information. Attachments: (1) LASIP Construction Phasing Plan (2) Technical Memorandum from Daniel W. Brundage, P.E. Cc: Project FileS 1 1012.07 Page 3 of3 LELY AREA STORMWATER IMPROVEMENT PROJECT CONSTRUCTION PHASING PLAN RADIO RD RADIO RD. ~ ...J .:::.~ CO ~ en ~ ~f:? c::i 0.: ~ Q'?' ... <:l fm 0.: It) <!:: ~ QI ::l m tl:: ~ S ~ II) 0.. -;1(. ~ ~ ~ ~ ~ ll.. C 0.: ~ ~ m ,0 0 u .l;=,flL, fl t ->;:"-1 Gl rcc:'QB, m 0 S!) or-- - "., -"" - ,:~ ''---""'.~~. I ,""" -, -~ T -':"-r- _""...t J ' ~ ~ L,.:~ " , ...." :-",:' _,,-_~'V. ~ en f . ' 1 ;e r*: . m ~ m'~ eI ~ "m . Q elf ~ RATTLE NAKE HAMMOCK RD . ~. ..;,.., ... .. ..~..~~. -"'7( ,....,.' g - ~ Legend :\ Ph... No. Start Date ~ ("~ ~ 1 2006 -' m /V m ~, .....y 2 2007 -:- ' . /. 3:' ~' .- 3 2008 :P -=='- .. 2009 " at + ,', m ' ~ 5 2010 sf m,,~ +-+- 6 2011 (Ie D Project Boundary f 0 0.5 1 I EXHIBIT A-I I I I , ~ i Miles / LASIP Construction Phasing Plan 1tllMitiallticll'lLMnd Rntollllicll'l IF'tanlino - PH 2 $ 828 000 17 lNorlhwlllil R......l Waod 'S 2856000 Ph.a Year No. Proltc:t N.me EIIt. CoIIt 18 IFlnval Wood Lake InleroonnecllJ, $ 1 .9004 000 , RIIltle Snake Hammock $ 2.900 000 .( 2008 11i1 StlndY LanelWln-h Int8fCOnnect $ 1428.000 2 ICounty Bam Aoad $ 6.ooo.DDO 20 WhlIalatr Road $ 635 000 I 2006 l Letv Bl1ll1ch C8na1lRaI Ham to Kinos Lake) PH 1 S 1 422 000 21 HIIldeman CnIelr ICB ReI - RllletllIl $ 1.587 000 4 Mriigajicll'l Land Rlllllalallon lCIaarina) $ 378.000 22 tiwv~ BIN Well c.nlIl (lelv Menor) PH 1 S 2.&48.000 2IlOI Total 510. 12DIlIII' otal S 1 1,88&.000 6 LeIY' 8nmch Cllnel /Rat Ham to Kinos Lake\ PH 2 3 :z2fl;.000I 23 Trevlao BIN WIlIII. CllnellLelv ManaI'\ PH 2 S 1 761 000 , Nort~ Roval Wood !It 1 .224 000 :M TrevilO Bav Nor1h ClInal $ 5 141 COD 7 er- RoIIId $ 136 000 21 NIl-Manor OUlfan No,", $ US 520 2 2007 8 C0ii8La.... S 48000 21 NIl'" Manor OUIfaU No.3 S 514 1<<> , IRovaI Wood LMIce InwaonnllCll Cone onM $ 408 DOO I 2010 1:T OlIvia Blvd. Weir S 514.1<<> 10 Il.eIv Main ClInal ~ W. S of Rat Ham) S 1 360.000 28 OlIvia Blvd. , 514 1<<> 1 1 ~ Main ClIl18i (Sal:lllfBilY\- PH 1 S 2,410.000 2t Wi""""""' Aimark Wlllll Channel S 856.tIOO Total Ii ..812.000 ao ~ AIl'Il8r1l ElI8I Channel S 711.210 12 LillY 8nmch CllnaI I\JS 41 to Ral Haml S 1D.7Ii4.1J!ill S 1 910000 13 l.elv Main Clmal !Sabal Bav) PH 2 S 5.825 000 31 I~ Manor Nol1f1 ClInal S 3 511 000 3 2008 1. T rev i&D 8av Ea. fL.eIv Manor) $ 3.987 000 . 2011 32 ~Menor OItoh Eneloaur8 , 1 886 000 16 Mitigation Land RMlomlon (PlIIInllno . PH 1) $ 11<1,000 3S U.S. 41 DItoh $ 2.m.OOO 2008 Total S 1'\,117.000 2011 Total $ T ..DOC Prol8ct Total Ii 61.13&.0&0 PREPARED BY: COLLIER COUNTY TRANSPORTATION SERVICES DIVISION STORMWATER MANAGEMENT DEPARTMENT Agenda Item NO.1 OB October 24,2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to award contract #06-4025, "Collier County Sheriff's Special Operations Building" and to approve the necessary budget amendment for the construction of the Sheriff's Special Operations Facility, project 52002, in the approximate amount of $10,650,000, the exact amount to be presented at the meeting. OBJECTIVE: To award contract #06-4025, "Collier County Sheriffs Special Operations Building" and to approve the necessary budget amendment for the construction of the Sheriffs Special Operations Facility, project 52002, in the approximate amount of $10,650,000, the exact amount to be presented at the meeting. CONSIDERATION: This project was originally approved by the Board of County Commissioners as part of the FY2004 budget at $7,542,500. This amount was later reduced to $529,000 for the design phase only. This project is to construct a Sheriff's Special Operations Building, including an aircraft hangar, of approximately 50,000 square feet at a leased site on the northern portion of the Naples Airport. The 3.726-acre 30-year lease was approved by the Board on May 25, 2004, agenda item 16E6, at an initial annual rate of $19,477.23 subject to annual CPI adjustments. - On July 18, 2003, the County published an Invitation to Qualify (ITQ) to provide architectural services for the design of the Sheriff's Special Operations Facility Collier. The solicitations were conducted under Senate Bill 1182, which amends F.S.119.071 relating to an exemption from public records. A Selection Committee recommended Victor Latavish, AlA and the Board approved a $670,000 design contract with that firm on September 14, 2004, agenda item 16E7. A portion of the contract was not funded until after the budget was increased above $529,000. The Naples Airport Authority approved the proposed project plans on March 8, 2006. The City of Naples approved the site plan in March 2006. The Board approved a budget increase, mainly for construction and based on planned commercial paper financing, in the amount of $13,971,000 as part of the FY2006 budget bringing the total project budget to $14,500,000. An additional $1,229,000 was approved as part of the FY2007 budget bringing the total project budget to $15,729,000. On July 23, 2006, formal bid invitations were posted in the lobby of Building G-Purchasing and distributed to 170 firms that provide these services. Eight firms pickup up plans and specifications. On September 7, 2006, one bid was received from Vanderbilt Bay Construction, Inc. (VBC) in the total amount of $15,451,726. After discussions with VBC related to reducing costs, as well as removing the proposed subcontract with Johnson Controls for installation of the fire alarm system, building automation system, computer and phone wiring, and security system, a negotiated amount of approximately $10,650,000 has been proposed. Approximately $1,560,000 is proposed for the direct material purchase program and $2,627,000 for the Johnson Controls contract (fixed term Contract #99-2961, Energy Management). This brings the total construction estimate, to $14,837,000. The estimated project costs are as follows: - Design / Permitting Construction Commissioning Conti ngencies TOTAL $ 1,445,400 $14,837,000 $ 582,000 $ 1.773,000 $18,637,400 Agenda Item NO.1 OB October 24, 2006 Page 2 of 3 The current project budget is $15,729,000 leaving a projected shortfall of $2,908,400. Commercial financing over a nine year period would allow this project to proceed. Net Commercial Paper loan proceeds of $16,408,400 plus pre-paid interest for a gross loan not to exceed $17,272,700 is recommended. Funding for this project would be as follows: County Wide Capital Projects Fund (301) Sheriff's 2006 Operating exp budget reduction in FY 2006 Commercial Paper Loan Total funding $ 529,000 $ 1,700,000 $16.408.400 $18,637,400 Financing is proposed under the commercial paper loan program. The commercial paper loan program interest rate is adjusted monthly. Commercial paper interest is paid monthly based upon actual program interest rates. Transfers to debt service from Law Enforcement Impact Fees will be based upon actual program interest rates. Construction is planned to begin in November 2006 and should be complete in early 2008. FISCAL IMPACT: The total approved budget is $15,729,000 and the revised project estimate is $18,637,400 leaving a shortfall of $2,908,400. A budget amendment is proposed with commercial paper as the source of funds and Law Enforcement Impact Fees as the source of debt service funding. GROWTH MANAGEMENT IMPACT: This project is consistent with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners 1) award contract #06-4025, "Collier County Sheriffs Special Operations Building" to Vanderbilt Bay Construction, Inc. in the approximate amount of $10,650,000, 2) approve a budget amendment in the amount of $2,908,400, and 3). authorize the issuance of a Commercial Paper loan in the amount of $17,272,700 PREPARED BY: Ron Hovell, P.E., Principal Project Manager, Department of Facilities Management Item N"mber: Item Summary: Meeting Date: Aaenda Item No, 10B - October 24, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 108 Recommendation to award contract #06-4025 Collier County Sheriffs Special Operations Buildlllg and to approve the necessary budget amendment for tne construction of the Sheriffs Special Operations FaCility, proJec152002, rn trle apprOXIfl1ate amount of $10,650 000 the exact amount to be presented at the meeting iRon Hovell, PrlnClpa! PrOject Manager Facilities Managernenn 10/24120069 OJ:OO AM Date Approved By Scott Johnson Administrative ServIces Purchasing Agent Purchasing 10/11/20063:17 PM Date Approved By Skip Camp, C,F,M, Administrative Services Facilities Management Director Facilities Management 10/11/200S 3:40 PM Date Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing 10112/20068:14 AM Date Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purct13sing 10/12120068:14 AM Date Approved By OMS Coordinator County Manager's Office Administr<ltive Assistant Office of Management & Budget 10/12/200610:30 AM Date Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budge! 10113/20065:38 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 10f1SJ2006 4:14 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager"s Office 1Q/16/2006 €.:52 PM Agenda Item No.1 OC October 24, 2006 Page 1 of 29 EXECUTIVE SUMMARY Recommendation to approve Exhibit E, Amendment #1 to Contract #06-3914, "Construction Management at Risk Services for the Collier County Fleet Facilities" with Wright Construction Corp. in the amount of $9,272,741.10 for the Fleet Facility, project 52009, Phase 2 which includes the construction of the new Fleet Management Department facility and to approve Change #15 to Contract #02~3422, "Professional Architectural Services for New County Fleet Facility", with Disney & Associates, P.A. to update the architect's rate schedule and include additional services necessary for construction phase 2 in the amount of $60,885. OBJECTIVE: To approve Exhibit E, Amendment #1 to Contract #06-3914, "Construction Management at Risk Services for the Collier County Fleet Facilities" with Wright Construction Corp. in the amount of $9,272,741.10 for the Fleet Facility, project 52009, Phase 2 which includes the construction of the new Fleet Management Department facility and to approve Change #15 to Contract #02-3422, "Professional Architectural Services for New County Fleet Facility", with Disney & Associates, P.A. to update the architect's rate schedule and include additional services necessary for construction phase 2 in the amount of $60,885. ~ CONSIDERATION: A contract with Disney & Associates (Disney) to design a new Board of County Commissioners Fleet Facility and a new Sheriffs 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. 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 (projected completion by the end of October 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 Sheriffs Fleet Facility on the western end of the property closest to County Barn Road. The total approved project budget is $14,270,000 and the current design contract amount is $822,224.73 The Construction Management at Risk contract consists of three sections: 1 ) construction of the new BCC Fleet Facility, 2) demolition of the existing BCC Fleet Facility and construction of the Sheriffs Fleet Facility, and 3) possible construction of the CAT/TD Facility to be co-located at the Fleet site pending real estate acquisition to the north and south of the existing County Barn county facility. These land owners are not willing to sell and therefore this last phase will be cancelled. ,,-' After obtaining final site development and building permits, work was begun to obtain a Guaranteed Maximum Price (GMP) for the construction of the County Fleet Facility and associated parking. After review of an initial proposal, Wright Construction submitted a revised GMP proposal in the amount of $9,272.741.10. Construction of the County Fleet Facility and associated parking is planned to begin in November 2006 and be completed in about one year. Agenda Item NO.1 DC October 24,2006 Page 2 of 29 The demolition of the existing BCC Fleet Facility and construction of the Sheriffs Fleet Facility will start a year from now therefore those phases will be priced separately. The estimated project costs are as follows: Tower BCC Fleet Sheriff's Fleet $1,150,000 $8,712,869 $240,000 $10,102,869 Total Design / Permitting Construction Commissioning TOTAL $0 $1,229,722 ~ $1,229,722 $1,350,000 $9,926,409 $300,000 $11,576,409 $2,500,000 $19,869,000 $540.000 $22,909,000 FISCAL IMPACT: The current budget for this project is as follows: Source of Funds Residual cash from capital replacement fund Series 2005 revenue bond proceeds Commercial Paper loan (budgeted in FY 07) Total Amount $600,000 $9,570,000 $4,100,000 $14,270,000 The updated total cost estimate for this project (tower, County Fleet facility construction and related parking, demolition of the existing BCC fleet facility, and Sheriff fleet facility) is $22,909,000, amounting to a FY 2008 commercial paper loan need of $8,639,000. This is noted in the table below. Facility Rev. Budget Committed Est. to FY08 Com Compl. Paper Bee Fleet Facility & Tower $12,806,131 $2,191,932 $10,614,199 $0 Sheriff Fleet Facility $1,463,869 $433,424 $9,669,445 $8,639,000 TOTAL $14,270,000 $2,625,356 $20,283,644 $8,639,000 Staff recommends funding the construction of the County Fleet Facility and associated parking within existing budgeted funds. To accomplish this, the 2005 bond money allocated for BCC and Sheriff Fleet facilities will be used solely for the BeC fleet facility. As no eligible Sheriff's facility will be constructed from proceeds of the 2005 bond, the Law Enforcement impact fee fund cannot be used for these debt service payments. The General Governmental Building Impact Fee Fund and the annual General Fund 1/3 mill capital allocation will be the sources of revenue to pay all the debt service payments associated with the 2005 bond. The existing budgeted funds as noted above in the source of funds are contingent upon the issuance of a Commercial Paper loan. Net Commercial Paper loan proceeds of $2,636,131 are required for the construction of the BCe Fleet facility and related parking; with fees and pre-paid interest a gross loan not to exceed $2,775,000 is recommended. Due to the sequence of construction, the Sheriff's Fleet facility will be deferred and the $8,639,000 funding will be addressed in the fiscal year 2008 budget. Any Commercial Paper loan associated with the Sheriff's Fleet facility will be repaid with Law Enforcement Impact fees. Agenda Item No. 10C October 24.2006 Page 3 of 29 Budget amendments will be needed in the General Fund (001), Facilities CIP Fund (301), General Governmental Facilities Impact Fee Fund (390), the Law Enforcement Impact Fee Fund (385) and the CIP Refund Series 2005 Debt Service Fund (216) to accomplish the following: 1) Revise the budget so the Law Enforcement Impact fee does not make a debt service payment for the 2005 bond in FY 07 ($1,009,100) and is reimbursed for the FY06 debt service payment ($925,000). This amounts to $1,934,100. There is $585,900 available in the General Governmental Facilities Impact Fee, there is $853,700 available in Facilities CIP Fund (301), and the remaining balance of $494,500 is required from General Fund reserves. 2) Reduce by $1,180,000 the Law Enforcement Impact Fee transfer in (loan) from Facilities CIP Fund (301) to provide a cash reserve to pay the October 1, 2007 debt service payment on the Series 2005 bond, and move this reserve to the General Governmental Facilities Impact Fee fund (390) in the amount of $200,000 and the remaining balance of $980,000 to the Facilities CIP Fund (301 ). 3) Transfer from the Facilities CIP Fund (301) to the General Governmental Facilities Impact Fee fund (390) $585,900, as a loan to assist the General Governmental Facilities fund in making it's share of the 2006 and 2007 debt service payment for the 2005 Bond. GROWTH MANAGEMENT IMPACT: This project is consistent with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners 1) approve Exhibit E, Amendment #1 to contract #06-3914, "Construction Management at Risk Services for the Collier County Fleet Facilities" with Wright Construction Corp. in the amount of $9,272,741.10 for the Fleet Facility, project 52009, Phase 2 which includes the construction of the new Fleet Management Department facility; 2) approve Change #15 to contract #02-3422, "Professional Architectural Services for New County Fleet Facility", with Disney & Associates, P.A. to update the rate schedule and include additional services necessary for construction phase 2 in the amount of $60,885; 3) authorize the issuance of a Commercial Paper loan in the amount of $2,775,000 and 4) approve all necessary budget amendments. PREPARED BY: Ron Hovel!, P.E., Principal Project Manager, Facilities Management Department - Item Number: Item Summary: Meeting Dale: Agenda Item No, 10C October 24, 2006 Page 4 of 29 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10C Recommendation to approve Exhiblt E, Amendment #1 to Contract #06-3914, Construction Management at Risk Services for the Collier County Fleet Facilities with Wright Construction Corp In the amount of S $9,272 741,10 for the Fieet Facility, project 52009, Phase 2 which Includes the construction of the new Fleet Management Department facility and to approve Ctiange #15 to Contract #02-3422. ProfeSSional Architectural Services for New County Fleet Facility. with Disney & Associates; PA. to update the rate schedule and Include additional services necessary for construction pnase 2 In the amount of $60.885 (Ron Hovell, PrinCipal Project Manager, Facilities Management) 101241200690000 AM Facilities Management Director Date Approved By Skip Camp, C,F,M, Administrative Services Facilities Management 1016120064:20 PM Linda Best Contracts Agent Date Approved By Administrative Services Purchasing 1019/20064:56 PM Steve Carnell Purchasing/General Svcs Director Date Approved By Administrative Services Purchasing 10112120068:21 AM Steve Carnell Purchasing/General SVGS Director Date Approved By Administrative Services Purchasing 10112/20068:21 AM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 10112/200810:33 AM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 10116120064: 13 PM Approved By James V, Mudd Board of County Commissioners County Manager Date County Manager's Office 101171200612:40 PM - ~-------t-~--~--Agenda Itpm Nn 1()(,; . October 24, 2006 E-Mailed To Bonme: Tuesday, October 03,~Q~ 5 of 29 \.:.:,., ~- i I ! Date: Tuesday, October 03, 2006 LOG ON THE FINANCE LOG ONLY, THIS CHANGE ORDER REQUIRES BeC APPROVAL. I Project Name: Professional Architectural Services for the New County Fleet Facility Project Number: 52009 REVISED 10/5/06 BIDIRFP #: 02-3422 Mod#: 15 Poo: 4500048657 Work Order Number: NA Contractor/Consultant: Disney & Associates, P .A. Original Contract Amount: $ 500.000.00 (Starting Point) Current BCC Approved Amount: $ 748.725.00 (Last Total Amount Approved by the BCe) Current Contract Amount: $ 822.224.73 (Including All Changes Prior To This Modification) Change Amount: $ 60.885,00 Revised Contract/Work Order Amount: $ 883.109,73 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: ~ 382.918.73 Percentage Of The Change OverlUnder Revised Contract Amount: 17.95 % Overview of change: The design contract was originally awarded in February 2003; this change order is to provide for the rate increases to the Principle and Clerical staffing positions and to add staffing positions of Senior CAD Operator and Architect; and to add required responsibilities to the scope of the work that were not included in the original scope. The actual construction is being conducted in phases until 2007; as a result, also included in this change order is a time extension of three hundred, eighty six (386) days, The new c pletion date is November 8, 2007, .~ ~ 1_: Date: ~~ ()(, Contract Speciali : .. L' Scanned Date: Data Entry Information: Type of Change: Contract Project Manager: Ron Hovell Department: Facilities Management Change Category Type, Circle One Below: C!:_Pla~ned or Electiv:e---- C 2. Unforeseen Conditions...........,. 3. Quantity Adjustments 4. Correction of Errors 5. Value Added C 6.SChedUI~-~ --- --- Revised 7/11/05 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item NO.1 OC October 24,2006 Page 6 of 29 PROJECT NAME: Fleet Facllltv PROJECT #: 52009 BID/RFP #: 02.3422 MOD #: 15 PO#: 4500048657 WORK ORDER #: nla DEPARTMENT: Facilities Manaaement Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised ContractIWork Order Amount: $500,000.00 (Starting Point) $748.725.00 (Last Total AmoJnt Approved by the BCC) $822,224.73 (Including All chLges Prior To This Modification) $60,885.00 $883.109.73 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: I $383.109.73 Percentage of the change over/under current contract amount: I 17.95% Formula: (Curre~t Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. Date of Last BCC Approval Julv 26.2005 Agenda Item # 16.E.15! CURRENT COMPLETION DATE (S):ORIGINAL: 5/5/05 CURRENT: 11/8/07 SUMMARY OF PROPOSED CHANGE (S): Identify the chanaes. This desian contract was orioinally awarded on 2/25/03 and the rates need to be updated as allowed bv the contract. Additionally. the oriqinal contract scope does not include all of the required items typically expected of an architect. JUSTIFICATION FOR CHANGE (S): What value or benefit do these chJngeS provide to the project? This chanqe will update the rates and add items such as record drawinqs (required bY the County LDC). PARTIES CONTACTED REGARDING THE CHANGE: Purchasinq: Linda Best. Facilities: Peter HaYden. CH2M Hill: Mike Mackenzie IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) l Proposed change is consistent with the scope of the existing agreement I ~ Proposed change is in fact an addition or deletion to the existing scope ~ Change is being implemented in a manner consistent with the existing agreement ~ The appropriate parties have been consulted regarding the change ~ Proposed prices, fees and costs set forth in the change are reasonable I is form is to be signed and dated. Date: /0/1 /o~ I, I. Date: 1/)1 '5'/ t~ Revised 4/25/2005 ",-,.".r.~, :j.,.._, :>-' ~~ CHANGE ORDER No. tr~~nda dt.en, NO.1 OC OctOber 24, 2006 Page 7 of 29 Oct. 5. 2006 3:06PM Disney & Associates, PA CHANGE ORDER NO. 15 CONTRACT NO. 02-3422 BCC Date: Februarv 25. 2003 Agenda Item: 16.E.2 TO: Disnev & Associates. PA 1865 Veterans Park Dr.. Suite 301 Naples. FL 34104-3500 Attn: Dalas Disnev. President DATE; October 2. 2006 PROJECT NAME: County Fleet Facility PROJECT NO.: 52009 Under our AGREEMENT dated Februarv 25. .2003. You hereby are authorized and direded to make the following change(s) In accordance with terms and conditions of the AgrBement See attached Exhibit "A" I FOR THE Additive Sum of: sixty thousand eight hundred eighty fIVe dollars and no cents ($60,885.00). Original Agreement Amount Sum of Previous Changes $ $ $ $ 322.224.73 500.000.00 This Change Order - Add Present Agreement Amount 60.885.00 883.109.73 ,I The time for completion shall be increased by 386 calendar days due to this Change Order. Accordingly, the Contract Time is now one thousand seven hundred fourteen (1.714) calendar days (Notice to Proceed was issued 2128/03 making the new completion date 11/8/07). Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same tenns 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: /)('7to/!;~' 3 I 2006 CONSULTANT: Disney oei tes, PA OWNER: By: BOARD OF COUNTY COMMISSIONERS OF COlliER COUNTY, FLORIDA By: Ronald P. Ho...ell, P.E" Project Manager Revised 2/24/2005 .~ .. .:~,.",._i.' ;>i.dcL..,., '..' .';,......,~'<.....p'L <,~~. li.' \, "..,.~~, ,.,"""". : to..... .~''''~'...- "',~.. irillr -. ._--- -_._~-~-- Agenda Item NO.1 OC October 24,2006 Page 8 of 29 -. - Disney & Associates P A. Architecture and Planning 1865 Veterans Park. Dr., Suite 301 Naples. Florida 34109-0447 Phone 239-596-2872 Fax 239-596-2874 Email d,disney@earlhlink.nel AA 0002S02 September 2.Q 28, 2006 Collier County Facilities Management 3301 East Tamiami Trail, Bldg. W Naples, FL 34112 Attn: Mr. Ronald Hovell, Construction Manager Re: Professional Service Proposal for RFP #02-3422, New County Fleet Facility Proposed Change Order 15 Dear Mr. Hoven: We have form.l17M our revised professional fees for the project and hereby request an adjustment to our agreement as an increase to our Professional fee for scope revisions. We have included a revised Professional Fee for the scope revisions. The basis of our request is revisions required by the increase in time for the project, the revision of the construction delivery method to Construction Management, and the increase in our costs from the original quotations of November 2002 and amendment #1 dated February 6, 2004. The Fleet project has been delayed several times for various reasons that are due to causes beyond the control of the Architect. We have listed herein the general and detailed revisions and scope increases that have caused our increased work and the associated fee increases are also included. The project constructi6n method has been revised to be delivery method via ConstrUction Management and Wright Construction, Inc. of Ft. Myers has recently been awarded this project by the Board of County Commissioners (BCC). The project was delayed for study related to the inclusion of the CAT facility on the site with various site planning and proposals now abandoned and we understand CAT is locating on an alternate site. The project construction Phasing has been reviewed and the general concept is to have two (2) phases of construction with each containing a number of sub-items. The sub-items are generally understood at this time and will be outlined in the following detailed Assumptions and Scope of Services for the construction administration of Phase I of the project. Phase n shall be bid at a later date and the bidding and construction services shall be submitted for this portion of the project at a later date. Building pennit for the BCC Fleet Management building was recently picked up by Wright Construction and bidding is scheduled to compete shortly for the Phase I portion of the project. I ,L I New Collier County Fleet Facility - RFP #02-3422 Disney & Associates, PA -Change Qrder#lS September 20,2006 Page 1 of? r,;.;f Agenda Item No. 10C October 24, 2006 Page 9 of 29 II ~. .. Outlined in this document is a summary of the changes to the project's development concept, anticipated scope of services and the associated professional service fees and schedule. PROJECI' PROFILE · Collier County (OWNER) desires to modify existing contract #02-3422 for the services of Disney & Associates, P A (CONSULTANT) and proceed with the Project as described within this proposal. · The existing Fleet Facility Project consists of a:l:l 0 acre parcel, which is generally located at the east side of County Barn Road approximately 0.5 miles to the south of Davis Boulevard (S.R No. 84) in Section 34, Township 49 South, Range 26 East, Collier County, Florida. · The Owner has received a Site Development Plan (SDP) approval from the Collier County Community Development and Environmental Services (CDES), an Environmental Resource Permit (ERP) from the South Florida W81J:r Management District (SFWMD). and a Permit to Construct a Domestic Wastewater CollectionITransmission System from the Florida Department of Environmental Protection (FDEP) for this site. These permits were obtained for the site, which included the Bee Fleet Maintenance Facility, the Sheriff's Administration and Maintenance Facility, a wash rack, a communication tower, and associated parking, driveways, underground infrastructure, as well as storm water management areas. · The Client wishes to begin construction of the BCC Fleet Main1enance Facility and supporting infrastructure as the first phase of the project. · The Client wishes to receive a Temporary Certificate of Occupancy once the BeC Fleet },Ifmntel'u!nt'.e Facility construction is complete. · The Client desires to retain the services of Consultant ad proceed with the Project as described within this proposal. PROJEcrASSUMPTJONS Note: All Project Assumptions from the original approved contract dated February 25, 2003 are considered to be valid and true unless specifically stated otherwise below. · The Client will make available all pertinent information and documents associated with the required Project. · This proposal includes performing all services described within on a one-time basis, unless otherwise noted. · The Consultant will retain the services of a Geotechnical Engineer to participate in the construction admini!':tration phase and monitor the trenching and backfill in areas know to contain organic material identified by prior soil borings and investigation. The geotechnical Engineer's scope and fees are included with this proposal. · Architectural design for the BCC Fleet, Sheriff's Fleet facility and Wash Rack shall not be revised and/or updated to current LDC 5.05.08 Architectural requirements. · Building Permit modification for the BCe and Sheriff's Fleet facility and Wash Rack shall not be required. I · Collier County Facilities vertical standards issued 4-18';'06 Revision 'E' are the latest on f1]e with the Architect and redesign for the BCe and Sheriffs Fleet facilities is not included in this proposal. New Collier County FIcet Facility - RFP #02.3422 Disney'" Associates, P A - Change Order # 1 S September 20. 2006 Page 2 of? Agenda Item NO.1 OC October 24,2006 ,I Page10of29 ~: .. .: .. . All design and construction related to the Radio Tower(s) shall be by other design professionals excepting the SDP amendment cU1Tently completed. . All design and construction related to the existing Fuel Island Facility sball be by other design professionals and is specifically excluded. ' SCOPE OF SERVICES 1. PreliminarY Matters These services . will include providing professional Architectural and Engineering advice as requested by OWNER or as necessary for the project development. Services included are: A. Acquire, assemble, and coordinate all Architectural and consultant costs and scope of work for the project. I B. Research project revised scope of work and issue to ~nsultants for cooTtHnlllted effort and'e1imina.tion of unnecessary services. C. Verify inclusion of necessary services as outlined in the Professional Services Agreement and the modified scope of services. D. Prepare and submit proposals, change order and Exhibits to Collier County. E. Preparation of all modifications to the existing Architectural consultant agreements. F. Modify all project files, billing templates and systems. . 2. Subsurface Soil Observation Durinff Construction We propose to authorize our Geotechnical Engineer to be on site for observations of excavated material prior to backfill. The areas of question are near or under the proposed buildings at the area of borings SPT-ll SPT-12 and SPT-4. Om engineer Ardaman & Associates, Inc. has forwarded a letter dated August 28, 2006 and has suggested a budget for the scope of work identified. Disney & Associates shall incur time to coordinate this effort, organize and distribute report of fmdings and verify completion of the assigned tasks (estimated 4 hours). Please see Exhibit A attached. 3. Construction Phase Services Phase I - Architectural (Adjustment) Construction services for the project as originally outlined in the scope of services is adjusted due to the time increase from the original quotation and the construction method revision from General Contractor to Construction Manager. Services outlined herein are similar to the original scope of services. The scope of work was originally identified as Schedule A Exhibit #3 (Original) and is include herein as an attachment Exhibit B for reference. Revisions as discussed with Mrs. Linda Best (Collier County Purchasing) are identified on the Schedule A Exhibit #3 (Revised) and is include herein as an attachment Exhibit C for reference. Additionally the updated hourly rates utilized for the calculation of Exhibit C are indicated in an email from Mrs. Best dated September 13, 2006 and attached as Exhibit D page 1. Hourly rates are updated and established by Exhibit D pages 2 thru 7 where hourly services may be applicable. Cost adjustments for the Civil Engineering are reflected on Exhibit C items #6, 7 and 9 and are verifiable with a cross reference to a letter attached as Exhibit E from RWA dated September 14, 2006. Amendment No. 1 to our agreement Schedule "B - Attachment A -line #8 added $16,000.00 to our Construction phase costs and the document is New Collier County F1eetFacility - RFP #02-3422 DisDey& Associates, P A - Change Order # 1 5 September 20, 2006 Page 3 of7 ,:J;j;;;.;.;jjj:A "'-': _,' Agenda Item No. 10C October 24, 2006 Page 11 of 29 attached as Exhibit G. The additional cost was related to the increased scope of work is for the added costs of Structural, Plumbing, Mechanical and ,Electrical Engineering services for the redesigned buildings. Please note that there are no current increased costs for construction services for these Engineering trades listed on our Exhibit c. 4. Land Develonment Code Record Drawim~s This taslc: was originally identified in the scope of work for the project. Please refer to Schedule A Scope of Services page 27 item C. The construction administra:tion costs of $74,080.00 did not include the cost for this item and we refer to the Exht"bit B outline of services and total cost matching the Agreement Schedule B - Attachment "A" page 31, attached herein as Exhibit F. The services cost is verified as outlined in the RWA letter dated September 14, 2006 attached as Exhibit E. The actual cost from our consultant is indicated as $4,600.00 and is required by the Collier COWlty Land Development Code (LDC) for the completion of the project. 5. Additional Services (Estimate) I This task is added as a result of our telephone conversations with Mrs. Linda Best, Collier COtmty Purchasing, Mr. Mike MacKenzie, CH2M Hill and with Mr. Ron Hovell, Collier County Facilities. Our Construction Services as listed onExhibiU 8 and C do not currently include ANY activities other that those listed. The originally established scope of work was reduced to reduce the Professional Fees. Our services are specifically outlined in our Agreement Schedule A Scope of Services page 26 and 27 item 8, A and B and the referenced Exhibits Band C and currently there is no compensation included for Correction of any Construction Discrepancies. This would be compensated uDder Article Two of the agreement as Additional Services. The construction process is an imperfect process as is the development of construct documents for bidding and construction. During the normal course of construction there will be con.t1icts and errors that will require correction. Examples are misplaced reinforcing;, incorrect beam pours (too low or too high or out or alignment, out of sequence work and creation of conflicts in placement of materials, ducts or piping too high or low creating conflicts, fOWld underground conditions, manufacturer product changes or discontinuation, substitution requests and related research and many other items. Corrections for these items may be minor or may create many hours of research and Engineering to develop a repair or reconstruction method. While the Construction Management process should eliminate some of these occurrences and assist with the coordination it should be expected that items as outlined will occur. The Architect or Engineer of record is the party responsible for the review and correction of the type of items outlined. As stated previously the CUlTeD.t agreement does not include these services. I We have discussed the use of our agreement Article Two Additional Services of Consultant as the 'method of compensation for this type of service during the construction phase. The occurrences of any item will be during the course of construction and time of response is generally required to be reasonably prompt The process as outlined in Article Two of our agreement does not describe the exact process but states "If authorized in writing by OWNER....". To date revisions to our fee have ,required a lengthy process involviDg a proposal, verification and adjustments, resubmission and issuance of a change order. This process time duration does not appear to be acceptable during the construction period as too much time will be required for authorizatiOD of our added work. Our Agreement is mostly fixed cost items and prior discussions with Mrs. Linda Best indicate that the fixed cost approach should be maintained. We have discussed the nature of the process with you via New Collier County Fleet Facility - RFP #02-3422 Disney & Associates, PA - Change Order #15 September 20, 2006 Page 4 of7 .;;~]~.~,.:: .:~. Agenda Item NO.1 OC October 24, 2006 Page 12 of 29 ".-" the telephone and are not advised of a standard process that will allow the approvals to proceed very promptly. At issue in establiShing any' fixed cost for the unknown level of services is the fairness for both parties. Collier County will correctly seek justification and fixed costing and the Consultant will not desire a guess' as the level of service is wholly a response out of the control of the Consultant Thus any estimation is just a guess that carries considerable risk of being too low on the overall costs. We speculate that no person can accurately estimate the level of corrections that will be required by a contractor / sub-contractor action or lack of action over the course ofthc next twelve (12) months. As a possible method to proceed with minimal risk to' the Consultant and our Engineers and yet provide a method of accountability for Collier CoUDty we suggest establishing a Task line item that sets a fixed level of cost for an established level of service. We sball utilize this pre-established Task item as construction discrepancies as corrections arise and only invoice to the extent services are rendered. Our basis shall be the attached Exhibit D pages 1 thru 7 as the rate of expense for items related to Additional Services. The individual issue may in this event be dealt with promptly and the time recorded as verification for the correction; The maximum cost to Collier County is established and will not be exceeded without authorization. We suggeSt the following to establish an estimated basis for the Task. Architectural $6,720.00 (40 hours) Structural $5,600.00 (40 hours) Plumbing $3.200.00 (20 hours) Mechanical $3,200.00 (20 hours) Electrical $3,200.00 (20 hours) Fire Protection $2,600.00 (20 hours) Landscape Sl,OOO.OO (8 hours) Civil $3,300.00 (20 hours) Invoices for items related to this task shall be supported by the hours expended and the hourly rates charged for the individual performing I providing the service. Invoicing shall be only to the extent services are rendered. Cost and hourly estimates as outlined above are not intended for any individual discipline and may be applied as necessary to any required trade. In the event total cost of this task is near depletion as a result of Additional Services an added authorization shall be requested. . for additional funds and continuation of services. 6. Reimbursable Expenses - Architectural CEstimate) Reimbursable Expense items previously listed in OlD' base agreement are generally unchanged and the cost is adjusted. only to reflect the additional project time extension due to the schedule revision for the project. The cost is estimated and items shall be invoiced only to the extent expenses are incurred and with verification supporting documents. New Comer County Fleet Facility - RFP #02-3422 Disney &. Associates, P A - Change Order # 15 September 20, 2006 Page S of7 ANTICIPATED SCHEDULE Agenda Item No. 1 DC October 24,2006 Page 13 of29 The schedule for the Phase I Construction Administration is established as October 10, 2006 to October 09, 2007 as a twelve (12) month duration. In the event the project schedule is extended the Consultants compensation shall be adjusted for the period of extension. PROFESSIONAL SERVICE FEES The professional service fees for the associated scope of services are listed below. Scope of Services 1. Preliminary Matters 2. Subsurface Soils Observation during Construction 3. Construction Phase Services Phase I - Architectural (Adjustment) 4. Land Development Code Record Drawings 5. Additional Services 6. Reimbursable Expenses Subtotal EXCLUDED SERVICES Fee Fee Tvpe $2,450.00 Fixed $1,672.00 Fixed $17,443.00 Fixed . $4,600.00 Fixed $28,820.00 Estimated $5,900.00 Estimated. I $60,885.00 Services for the analysis and related recommendations and denials for Value Engineering and production substitutions and ALL related scope of work is excluded (except as Additional Services). Cost Estimating Services are excluded. Phase II response to drawing review comments, drawing corrections, drawing plotting, bidding support, and construction Administration related to Phase II construction. I Design revision to the BCC Fleet, Sheriffs Fleet Building and Wash Rack Building including but not limited to Collier County LDC Architectural review are specifically excluded. The professional services to be provided by the CONSULTANT are limited to those described in the Scope of Services. All other services are specifically excluded. New Collier County Fleet Facility - RFP #02-3422 Disney & Associates, P A - Change Order # 15 September 20, 2006 Page 6 of7 ~'~.4'~~<< ---' '_-<\.j';';' L J \ ': Agenda Item NO.1 OC October 24, 2006 Page 14 of 29 We are prepared to continue the project promptly upon you,r written authorization of this Change Order. Sincerely, ~ Dalas D. Disitey, AIA' Cc: Project File , Attachments: Exhibit "A" - one page Exhibit "B" - one page Exhibit "C" - one page Exhibit "I)" - seven pages Exhibit C'E" - twO pages Exhibit "F" - one page Exhibit "0" - one page New Collier CoUDty Fleet PlCility - RFP #02-3422 Disney & Associates, P A - CbaDgc Order i#1S Soptember 20, 2006 Pap 7 of? , ' - Agenda Item No. 10C Or.tnh<:>r?4 ?nnR Page 15 of 29 ...::. , iiiii1\i Ardaman & Associates, Inc. Geotechnical. :;nvironmental and 'Joatertaii Consu~.znlS August 28, 2006 Ardaman File No. 03-4536 Disney & Associates, P.A. 1865 Veterans Park Drive Suite 301 Naples, Florida 34109-0447 EXtrl f? If '-At Attention: Mr. Dalas Disney VIA:dalas@disneyarchitect.net Subject: CoRier County Maintenance Facilit)t Naples, Collier County, Florida Reference: Ardaman & Associates, Ine. report of subsurface soil exploration. analysis and recommendations for the subject project dated August 11, 2003. ' Dear Mr. Disney : In the referenced geotechnical report, we noted that two test borings, SPT-11 and 12. encountered a disturbed soil profile to depths of 6 to 8 feet with traces of wood and metal debris. A historical aerial photograph review showed that this area was a borrow pit that was excavated in 1977 and filled in 1985. Also, boring SPT -4 encountered a tree root at a depth of 5.5 feet (not that unusual). From the test boring data, the soB profile appears to be suitable for shallow fOl.I\daflon design with slab-on-grade without special requirements. as was recommended in the referenced geotechnical report. The amount of debris encountered was minor. However, we cannot dismiss the possibility that greater amounts of debris could exist atthis location or elsewhere for that matter where we did not explore. ,Careful observation is needed during site dearing and grubbing operations and footing trenching to note where debris may exist within the fill. Minor amounts of inorganic debris in a soil matrix in our opinion should not pose a problem. We would be concemed if large amounts of organic debris is encountered such as large roots, branches or stumps, or if rubble is encountered that has an open texture where soil can migrate through the voids. These would be cases for further investigation. To that end, we need to stay involved through the foundation construction i, I I We recommend that we be on site to observe clearing and grubbing operations and to observe and test footing excavations and floor slab subgrades. A budget of $1,000 should be adequate for us to provide these services on behalf of Collier County or the Construction Manager. Please call us if you have any questions about this information. Very trul~ you':5. Arclaman & ~S$oclai:es. Inc. ,9~~L~L Gary A. Drew; p, E. Branch ManagerMce President GAOIegs !I370 82v!lria Flose!. Fo:1 Myers, flo!1:la 33913 !'hone (2::!9) 758-5500 "AX (2!9) 755-040S Offi=es in: E.a,Ptcw. qoc:c;e.: :=art Mye:-s_ Mic;.mi. OTtando. ?ort Chario~e. Pert St. ~uc;e. SamsctG. Tallanesses. Taiil~. \4/. Petm 6eaCl'1 I' L, ~ ~.- SCHEDULE A EXHIBIT #3 ORIGINAL January 23, 2003 Agenda Item No. 10C October 24, 2006--- Page 16 of 29 [, e:Xtf tgl( \ e,' FLEET CONSTRUCTION ADMINISTRATION At one (1) site visits per Week Estimate 12 month duration 1 Establish Schedule of Values I Review I Comment 2 Establish Schedule of Submittals 1 Review wf GC 3 Owner supplied Equipment coordination Review wI GC 4 Weekly Site Meetings ARCHITECT 52 weeks X 2.5 hrs I visit = 52 )( 2.5 = 130 5 Reports of Site meeting and dl&bibution 104 reports 11 hr ea = 104 6 Shop Drawing and Submittals Checking and distribution Architect (26 wks @3 hrsl wi< = 78) Structural (L.S. Quote $2.500) PME I FP (L.S. Quote $9,000) Civil (Est $5,000) , Landscape 18 hrs quote) 7 Site Meetings Engineers Structural (6. $325 ee) "ME' FP (124)> $450ea) , Civil (LS. Quote for Certification) Landscape 8 Peyment Applications Review 1 Dfstrlbutlon Architect (12 months X 1.0 hrs = 12) 9 Punch List X 2 Phases @ 1.5 days I Phase Architect (24 hrs on site + 10 hrs Office) Structural (8 hrs on site + 2 hrs Office) , PME I FP (32 hrs on site + 6 hrs Office) Civil (LS. Quote) Landscape (8 hrs on site + 3 hrs Office) 10 Post Construction As-Bullt Check CAD files to Facilities - Prep files/Bum CD/Deliver Review 0 &M Manuals Review Warranties for Compliance wI specs IrQTAL ','. .":,, "',,'" ,:> ..''' ...~':..'l;' .. j~ HOURS 2 1.5 2 130 104 78 18 6 12 15 12 . 34 10 38 11 10 4 4 3 RATE $80 $80 $80 $75 $75 $80 $100 $325 $450 $100 $80 $80 $100 $100 $100 $60 $65 $80 $80 ..' ,. :.. COST $160 $120 $160 $0 $9,750 $7,800 $6.240 $2,500 $9,000 $5,000 $1,800 $1,950 $5,400 $8,000 $1,500 $960 $2,720 $1,000 $3,800 $3,500 $1,100 $800 $260 $320 $240 .$74,080 I I' ". '. SCHEDULE A EXHIBIT #3 REVISED SephKnber20,2006 FLEET CONSTRUCTION ADMINISTRATION Agenda Item No. 10C ,October 24,2006 Page 17 of 29 I ~+tl~lT 'c I At one (1) site visits per Week PHASE I ONLY Basis shall be 12 month duration October 10, 2006 to October 09,2007 1 Establish Schedule of Values / Review I Comment 2 Establish Schedule of Submittals / Review wI GC 3 Owner supplied Equipment coordination Review w/ GC 4 Weekly Site Meetings ARCHITECT 5~rweek:sX,3.dhrsTvisit =52x3= 156' Reports ot Site meeting and distribution 104 reports /1 hr ea = 104 Shop Drawing and Submittals Checking and distribution Atehitect ':(26"wk~@4hrStw\{=164f';'." Structural (L.S. Quote $2,500) PME I FP (LS. Quote $g,ooo) Civil ~ilotE{ $5;000 ~:750) Landscape 18 hrs quote) Site Meetings Engineers Structural (6 @ $325 ea) PME / FP (12 @ $450 ea) Civil (L.S. QiJ~forC~rtifjcatj0I18000t 1200)';: Landscape Payment Applications Review I Distribution Architect, (12 months X 1.0 hrs = 12) geiln~t),List ~~,'Phases @ 1.5 days Architect (24 hrs on site + 10 hrs OffICe) Structural (8 hrs on site... 2 hrs Offioe) PME I FP (32 hrs on site + 6 hrs Office) Civil (L.S. Quote 3500 + SOO)Ulij Accept Landscape (8 hrs on site + 3 hrs Office) 10 Post Construction As-Built Check CAD files to Facilities - Prep fileslBum CDlDeliver Review 0 & M Manuals ,Review Warranties for Compliance wI specs 5 6 HOURS 2 1.5 2 :156( ., RATE ',$102 '-~j~2 ,,$10Z .."~;'~'1'64:-" "-$102 104 i$1 02 .'$'~b2 - - ..''""'?'-~'''":~~~~::t<'l1l'; r'7"':~-,',"":'r 7 8 January 23,2003 Schedule "8" - Attachment "A" IAdjustmentthisCharige. ' r. ...'._. 18 $100 8 12 $325 $450 COST $,;sj $204 $0 "$15,912 $10,608 $10,908 $2,500 $9,000 $5,750 $1,800 $1,950 $5,400 , $9;200 $1 ,500 12 $1020:;""(';-- '$1;'224 34 10 38 11 10 4 4 3 15 $100 : ":$3,468 $1,000 $3,800 $4;000 $1 , 1 00 ~$1'. 020 .$408 $408 $306 , ,$91,523 $74,080 $17.4431 ,$102 $100 $100 $100 ;~102 , '$102: $102' $102 I I 1,- Agenda Item No. 10C October 24,2006 Page 18 of 29 , Page 1 of 1 ~ From: BestLinda [UndaBest@colliergov.net] Sent: Thursday. September 28,2006 3:42 PM To: sestUnda; OalasDisney Cc: HovellRonald Subject: RE: Collier Fleet CO 15 t b' EXt-tl ~ \ ...,. P~. I e Dalas Disney Dalas, Per our conversation today, please also add the following postion to Schedule B of contract 02~3422: ! Architech $102/hr. Linda From: BestUnda sent: Wednesday, September 13, 2006 1:07 PM To: 'Oalas Disney' Cc: HovellRonald SUbject: Collier Reet CO 15 Dalas, Please included the following in CO 15 Hour1y Rate Increases for the following positions Principal Clerical $168.00/hr. $ 52.00/hr Add the staffing position ot Senior CAD Operator at $88.00/hr. By way of this email, you can attach the emaH as supporting documentation to include in C015 submittal packet to Ron. Linda , J 9/28/2006 - Agenda Item No. 10C October 24, 2006 Page 19 of 29 EXt+te.t-r \ D ' P<S.2- I i ~ "'! Disney & Associates, P.A. 1865 Veterans ParIt Drive, Suilc 301 Naples. Florida 34109.0447 Phone 239-596-2872 FlIl( 239-596-2874 "HOURLY RATE and EXPENSE SCHEDULE - July - December, 2006 II Fees and expenses are reviewed seml-annually and adjustments made where appropI iate. The rates on this schedule are applicable for the time period indicaled. Professional Fees Principal Da/as D. Disney, AlA.................. ................... .... ............ ......... ........ ........... ......... ...$168/hr Architect ...... ..... .............. ................ ....... .............. ........ ........... ..... ..... ..$1 O2lhr Senior CAD Operator (CAD and Drafting) ...............................................................................................$B8/hr Clerical ...............,.... ......... ........... ............... ................ ..... .......... ...... .... $52Jhr Expert Witness - TestimonylWaiting ................................................3.0 X Hourly rate (4 hour minimum) BJueprlntslplotslb&w cople8lcolor coplesJreproductlorw outside service/digital prints, ............................. .............. ........ ........................................ cost+()O~ bond plots-mono (24x36).. ....... ........... .... ..... ................ ...... ............ ................................. $9.00 bond plots-mono (11 x17)... ............................... ...... ......................... .......................... ..... $2.50 bond plots-mono (8. 5x11 ).................. ................ .......... ............. ........... ............................ $1.25 veUum plots-mono (24x3S).... .............. ................ ...... ........... ........... ................. ............... $11.00 mylar plots-mono (24X36).... ...... ................... ............... ....... ............ .............. ................. $18.00 color bond plots (24x36).... ............. ................... ...... ............... ........... ..... ..................... $60.00 bonc:\ graphics pIot-rnono (24x36).................. ..... ............................ ........ ................................... $54.00 bond copy-mono (letterllegaJlpage).. ........................ ......... ,. .............. ...... ..... .................................. $0.18 bond copy.mono (ledger/page).. ............... ...... .................................... ........ .......... ................... $0.35 color copies (8%x11 )....................... ............................ .... .... ........ ........... .................. $1.75 color copies (11x17)... .................... ..... ....................................... ...................... ....... $2.50 ccl-rom per disk... .................... ........................... ................. ......................... $125.00 Communications long distance fax phone.... .... ..... ....... ......... ......... ................. ............ ........... ...... ....... cost+O% per page... ........ ............ ......... ......... ......... .................. ...... ............ .......... $0.25 Shippinglcourler1poRige ovemight commercial carrier 2-day commercial carrier outside courier service postage , .. .................... .......... ......... ........ ,. ...... ...... ..................._... .... cost+O% .. ......... ................. ...................... ............ .... ...... ....... ............ cost+O% .................. ............... .......... .... ......... .......... ............... .......... cost+O% ................................. ................ ................. .................. ....... cost+O% Travel air fare mileage (out of town) parking ........................... . ...................................... ......................... cost+Oo~ ............... ........... ............ ........... ...... .......... ....................... $0.46/mile ........... ............... ........... ...... ............ ........... ...... ................... cost+O% miscellaneous all .. ............. ..... ........ ............... ..................... ..................... ...... cost+O% Interest on past due accounts (30 days from invoice date)' 1.5% per month Flle: lhou......2005b CoIIl8r County.doc Agenda Item NO.1 OC October 24,2006 I-'age 2U of 2~ 1, .... '. . S:)(.H-t~lT \ D ' Fe;. ~ . All timewill be billecht the following rate sebodule: Principal S1201hr Project Manager S90Jbr Projoc:t Designer' S6SJ hr Administtative Support S4SIhr -- ,>> Architectural Land Desi8fl Incorporated Arch~ LaIUl Deslp Fee Schell... September 13.100(j LAN D S C ^ r> EAR C 'H TEe T U R 1! 1780 S. Ho,,,,.bDC Driyc' S..i,tc ~. Nap!... PL ~4104' :.1. Z,i9.4~O.166J . Pn. %~9."'30.1664 E~MAil~ ne.ic:n@m~'h.d"c.re.,chi.r-CC:f.n.ct 'licen.e No. lADO:Oll~R' COI'p'orau Liccn..c No. LC260002.~' Agenda Item NO.1 OC October 24, 2006 Page 21 of 29 , AIm.AMNi & AssocIATES, INCJFORT MYuusINAPLEs CoWER CouNTY FLEET FAClUTY . FEE Sc:HEIJUU! 06-474 PRoFEssIONAl.. T!STHG AND SUPPORT SERVICes exH--1 F) I T' ~D' FG,. ..,.. ~ Data Evaluation, Engineering Analysis, Design Inspec:Ilon, Field Monitoring, etc. Principal Engineer Senlor Project Engneer project Englneer PrajIIct GeoIogis1 Senior EngIneering Technlclan1Specialtst per hour 152.00 per hour 127.00 per hour 110.00 per hour 82.00 per hour 64.00 per hour 110.00 per hour 64.00 per hour 68.00 per hour 50.00 per hour 44.00 per hour 35.00 CoIan'RucTJoN IIoNrroRING AND FIEl.D TESTING SpeciallnspeclDr T echniclanntlspeclor V Tedmician/lnspec:tor N Technician/lnspeclor fI1 Technician II Technician I LABoRATORY T'ElmNG VISual ClassIfIcatIon and Sample HendOrig Special Laboratory Tests (leaching Studies, SUIT)' Consolidation. etc.) Laboratory Technician V UIboratcIy T echniclan IV laboratory Technician III Laboratory Tec:hnlclan II Laboratory Techrician I per hour 64.00 per hour 58.00 per hour 50.00 per hour 44.00 per hour 35.00 per hour 79.00 per hour 68.00 per hour 60.00 per hour 49.00 per hour 42.00 per hour 42.00 BiJllllarrPERsoMra!L Engineering Designar V Engineering Designer III Engineering Designer I Senior Technical Draftsperson Technical Draftsperson Technical Secretary ~........................... ........... ...... W.......cI_ ....,. WOIll and wortc In __ of I hounI per day (before 1 AM or abr 5 PM) Of' 40 houra per week per project WIll be CIw'ged It 1.25.... the -....u__ 'HoIu1y -- ~ Fort--'otIlc8. TERMS: A111Nll1-. - cIuI - ..... upon ........... 0IIlIr _.~_ ..... ...... _ 1I.."lIIl111111 A 11ft.- ...... fII 1.1.. ,.. monlll (I.e.. .. _11III ~ .... of 18%) .... be __ 011 ..,..... not "*' ..... ..,.. Nty ~ .... or ClItlw-a1nllurMd In -...., -nqu.tt.mount shllll bs pIIid by the CIionL ~ pnc. - In 6ct far wortc comllle*l thnIugh ........ -.. lb. IM~" ..,11 bs supe~ by .. 'IIIIIT.........1or -* perfonMd....~2I. 2001. Agenda Item No. 1 DC Oc1()h.:>r '-),1. ?QQ6 , Page 22 of 29 \ L o. I I a. . Liebl &. Barrow Engineering, Inc. f:"><..H"f R l7 \. D' Pc5i · '? Structural Engineering. Threshold Inspection FEE SCHEDULE PROFESSIONAL: Principal Engineer Professional EngiDeer Construction Administration Shop Drawing Review Engineer Construction Inspector , Regul8r Hour Inspector Rate OvertimeIWeekead Inspector Rate S 140.00lhr 110.001hr 110.001hr 110.001hr 95.001hr 70.00lbr l05.001hr AutoCad Technician 68.00fhr Claim Investigation , Expert Witness - Testimony (4 bour minimum) 175.00Ihr. 275.001hr ADMINISTRATIVE: Clerical 42.00fhr OUTSIDE PROFESSIONAL FEES: Cost + 15% Fees are subject to change OD aD anDual balis. The most eanent Fee Schedule shan be used. September 2006 L -,.~~ : ...:".'J.' . Agenda Item No.1 OC October 24, 2006 Page 23 of 29 ".. . . !:><.t-+ t S IT 'D I P~. a, TLC Engineering BILLING FACTOR DESIGNATION ..... 8/1/06 - 7/31107 BIlLING RATES 6 5 4 3 2 1 Director Senior Engineer, Manager Project Engineer, Manager, Engineer, Specialist Graduate Engineer, Designer, Administrative Secretary Technician, Secretary, Intern, Clerical Rates subject to change with 30 days prior notice. Forensic Engineering - 1.5 times normal billing rate Special Consulting - 1.5 to 2.0 times normal billing rate TLC - ENGINEERING FOR ARCHITI!CTURE 874 ClxDn Boulevard. Cocoa, FL 32922-5809 Phone 321.636.0274 _.tlc-englneers.com Fax 321.639.8986 $ 185 160 130 100 80 60 . . . D'ITA":=.... CON~T1.TING 0fII"""'" .a. ...., , .L .It. SorWl'ioI ot MIcIIlinJ . . Rate Code aDd Fee Schedule Effective Ja7IUII1"Y 1. 2006 PROFESSIONAL CONSULTANT 01 - Consultant 1...................................-...-.....-- $ 02 . COD5UltaDt IL.................................................... S 03 - Consultaat ill.................................................... $ 04'; Consultant lV...............................-.................. $ OS - Consulrant V..................................................... S 06 - Consultant VI.................................................... $ 07 . Consultant vn.................................................. S 08. Consultant VllI................................................. $ 09 - Principal t........................................................ $ 10. Principal n........................................................ $ lA - Principal m......... ................................ $ SO - Expert Witness.................................................. $ TECHNICAL SUPPORT 11 - Technician 1..................................................-.. $ 12 - Technician It................................................... S 13 - Technician IlL.............................................. .... $ 14. Technician IV................................................... S IS . Technician v..................................................... $ 16 - Technician VI........................ ............... $ ADMINISTRATIVE SUPPORT 21 - Project Coordinator I...... ......... :.............~ $ 22 - Project Coordinator n. . ... .. .. .. .... ......... ..... $ 23 - Project Coordinator ill...... ...... ... ............. $ 24 - Project Coordinator IV. .............. ......... .... $ 25. Project Coordinator V............................. S 26 -Administrative AssistantI...... ........... ....... S 27 - Administrative Assistant II... ..................... S SURVEY FIELD CREWS 31-FieldCrew I (2Persoo)..................... $ 32.FieldCrew n (2 Person)..................... $ 33 - Field Crew ill' (2 Person )... .................. S 34-FieldCrew IV (2Pmon)..................... $ 35 - Field Crew I (3 Person )............ ......... $ 36-FieldCrew n (3Pcrson)..................... $ 37 - Field Crew III ( 3 Person )............... ...... $ 38-FieldCrew IV (3Penon)..................... $ 39-FieldCrew GPS ...;............................... $ 41 - Field Crew Robot (1 Pcnon)..................... S 42 - FicIci Crew Robot (2 Penon).................. ... $ I Agenda Item NO.1 OC October 24,2006 Page 24 of 29 5:><.Hlt3'T tp' P~. -:; 70.00 I HR 80.00 I HR 90.00 I HR 10S.OO/HR 120.00/HR 130.00 I HR 145.00/HR 165.00 I HR 175.00 I HR 190.00/HR 200.00 I HR 22S.00/HR 52.50 I HR 62.50 I HR 72.50 I HR 82.50 I HR 92.50 I HR 102.50 I HR 47.50/BR 55.00 I HR 60.00 I HR 62.50 I HR 67.50 I HR 37.50 I HR. 42.50 I HR 85.00 I HR. 95.00 I HR lOS.oo/HR. 115.00 I HR 115.00 I HR 125.00 I HR 135.00 I HR 145.00 I HR 13S.oo/HR lOO.oo/HR 120.00 I HR. C:\Documenu'ad'Seltinp\DALAS.DtsNEY\Loca1 SeaiDp\Tcmponry inta'nOt Fi1cs\OLK.olF\Rala Code - Fee Scbe&IaIc.doc ,~~:"'lc~,~~:;~~., J:1ir;.<~: Agenda Item NO.1 OC October 24, 2006 Page 25 of'29 .. " D'XTAmc CONSUL TINO ~ '-, ,~ ..a. aPl&aia& . V...aiuUaa .Orill!qiloDorinc .~ A; MwlIlI t=xtt't P; \T t E ' pc;: '" I September 14,2006 Dalu D Disney Disney & Associates, P,A 1865 Veterans Park Drive, Suite 301 Naples, F L 34 109-0447 Subject: Professional Service Ploposal for UP #02-3422, New County Fleet Facility Change OrrIer 9 (RWA, Inc. Project No. 020157.00.00) Dear Mr. Disney: Pursuant to our recent discussions, the anticipated timcline for completion of the Fleet Facility project continues to be lengthened to a degree that it wmants adjustments to the original contract pricing through an additional service agxcement. Accordingly, we hereby submit the following list of fee increases for Civil Engincaring and Surveying Services associated with the subject project. Submittals Checking and Distribution OJjgUalFcc S5,000,OO IDaeascd Fce $ 750.00 Subtotal S5,750 00 Site Meetings. Respond to RFI's, Certificates ofComolction Original Fee $8,000 00 lnercased Fcc $1,200,00 Subtotal $9.200,00 1Jtilitv~cceptance OIiginal Fee $3.500.00 In=ascdFee $ 500.00 Subtotal $4,000,00 I also wanted to :reconfirm the fee for Land Development Code (LDC) Record Drawings as listed below in OUl OIiginal proposal: 14.0 Land Develooment Code (LOC) Reconi Drawin2S Consultant wm provide the following surveying services as reql.liIed per the Collier County L~d Development Code: · Locate all above ground appurtenances for the proposed ~emains. · Locate pressure mains on 100' +1- intervals provided that the utility contractor leaves a vertical sleeve for this purpose · Provide vertical data for roadway PVI highs and lows I r. i 6810 WIiIw PaIt D1v8 SuIe 200. ,... Fladil1I411l1. (238) 5874i75, fax: (239) 59Nl578 -~IIII'I L Agenda Item NO.1 OC October 24, 200F1 Page 26 of 29 i- '" , RWt..- \. .....- EX tt-l B j I == P6~ ~ "". .. Provide vertical data for sanitary and storm inverts SCODe of Services 14.0 LDC Record Drawings Fee Fee Typo $4,600 Fixed All of the original contract assumptions and excluded services are still in full force and effect. ACCEPTANCE AND AUTHORIZATION TO PROCEED Period for Acceotance This Proposal! Agreemc:nt is open for acceptance by Client tbrou&b Sep1ember 28. 2006 Afta the acccp1anCe date the proposal may be withdrawn or subject to modification by RW A. Acceotance If this ProposalIAgrc:emcnt satisfactorily sets forth Client's entire understanding of the agreement, please sisn one copy of this agreement in the space provided and retum it to RW A as autbori2:atian to proceed with the work. Owner/Client AuthorimtiOn 1 bcrcby cedii)' l;bat the.UDdcrsigned is an IId:borized __ tbr Dimr:y &; AssociateS, P .A., WM is the Prime ConsultaDt for the project. which is the subject of this proposal. A$ the owner's aut:barizcd apt I hereby authorize tile performance of the scrvices as described herein and agree to pay the charges rcsultiD& t:ben:by as identified above and in accon!ance with the Standard Business IctmS and Conditions and Rate Code and Fcc Sobcdule of R W A provided with the original proposal Accepted this _ day of .2006. By: Name Disney & Associates, P.A. Title Ihank you for the opportunity to submit this pro~ setvice proposal. Please feel free to contact me at 597-0575 if you have any questions. We win look forwaId to hearing back from you soon. Respec:tful1y yours, RWA.1nc. -w\~ Mark r. Stmyak, P E. Project Manager MIS Cc: File Copy 1 Preliminary Matters 2 Site Data A ALTA Survey B , Design Phase Survey C Phase I Environmental Survey o Asbestos Survey E Geotechnical Survey 3 'Zoning AlBIC Rezone/Conditional UseJPublic PartiCipation 4 Preliminary Design 5 Construction Documents e Penn its 7 Bidding, 8 Construction 9 Reimbursable Expenses Total Basic Services ....' :... -.. . BASIC SERVICES TASK T1TlEIDESCRIPTION Agenda Item No. 10C 0::to:;o:" ~ ~, :O:J: Page 27 of 29 EXttlB\, ~ r I Schedule "S" - Attachment "A" Schedule of Fees for Sasic Services Cost 8,600.00 Fixed 13,750.00 Fixed 12,400.00 Fixed 2,750.00 Fixed 4,000.00 Fixed 5,750.00 Fixed 41,120.00 Fixed 140,000.00' Fixed 162,350.00 Fixed 18,450.00 Fixed 500.00 Fixed 74,080.00 Fixed -< 16.250.00 Not To Exceed $500,000.00 - Percentage of project @ $6,600,000 ConstructJon Cost 7.58% January 24,2003; Disney &: Associates, P.A. 31 I Agenda Item NO.1 DC October 24, 2006 Page 28 of 29 .... .... : Schedule "B" - Attachment "AN Schedule of Fees for Basic Services Amendment No. 1 EKI-!- i 17rr \. Gl ) ...., J BASIC SERVICES Scope Increase TASK TITLElDESCRIPTION Cost Cost 1 Preliminary Matters 8,600.00 Fixed 4.800.00 Fixed 2 Site Data A At T A Survey 13,750.00 Fixed 0.00 B ' Design Phase Survey 12,400.00 Fixed 0.00 C Phase I Environmental Survey 2,750.00 Fixed 0.00 D Asbestos Survey 4,000.00 Fixed 0.00 E Geotechnical Survey 5,750.00 Fixed 0.00 3 Zoning. AlBIC Rezone/Conditional Use/Public Participation 41,120.00 Fixed 0.00 4 Preliminary Design 140,000.00 Fixed 24,750.00 Fixed 5 Construction Documents 162,350.00 Fixed 33,700.00 Fixed 6 Penn its 18,450.00 Fixed 0.00 7 Bidding 500.00 Fixed 0.00 ~ a ConstnJction 74,080.00 Fixed 16,000.00 Fixed 9 Rembursable Expenses 16,250.00 Fixed 1,000.00 Fixed .10 F Rezoning Application 17,250.00 Fixed .11 G Water Management Design and ERP Application 5,175.00 Fixed .12 H ERP Application SUPPO!'t 11,790.00 Fixed .13 I Pennit Application Preparation and Support 8,600.00 Fixed .14 J General Consultation 8,050.00 Fixed *15 K Site Pfanning 7,500.00 Fixed "16 L ERP Ecological & Environmental Services 16,135.00 Fixed "17 M Easement Descriptions 0.00 Subtotal Basic Services $500,000.00 $154,750.00 " Indicates New Item related to Scope Revision January 24,2003; Disney & Associates, P.A. February 6.2004: Revised Disney & Associates, P.A. 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E 1'] o "'C .~ -0 .~ ~B~2~ ~ ~ ~~ ~ LLO..cO U)g~~~~ -g =-S-EE ~E.E~.EB ;~c~c~ :5~~~~r3 ~ ~ ~g ~g _ ll...C'?a..M '5$B:E~:E o ai '2:"2:" ~ E Q) ?a Q) ?a J!!EU)O(f)O ~COE~:E~ <<l ~ Q.) 0 Q) 0 ,=<..')0:;0; ,g~~ffi6~ ~ ~?Z~~~ .. ., ~CJ " E Li) <Xl M :E o o r- u1 o M <F> o o <Xl .,f ..,. <0 o o '" a5 o N o o o o <Xl rn '" '" <F> o S '0 LL c ., CJ E g ., E o U "'CI "0= 5 5 '3: .a .0., c~ ~g Wo o!Q EN N ro gz~ l?~ e... .....c E.9 .2: =c ca3 ~~ ~~ (3 ~l!)~~ _ll...coll...QJ :-:::;;: Q) ("') QJ.S2 ~~:E~~ ~~~~E -g15~15~ ~e3~e3ro -co~t--t ~8~8~ eN _N_ ., CJ EXECUTIVE SUMMARY Agenda Item NO.1 00 October 24, 2006 Page 1 of 9 Recommendation to approve Change Order #3 to add $1,390,932.40 for Inspection Services to Johnson Engineering, Inc. under ITQ 04-3583 "CEI Services for Collier County Road Projects" for Project No. 60018 "Immokalee Road Project from Collier Blvd. to 43rd Ave. N.E." OBJECTIVE: To continue professional Construction Engineering and Inspection (CEI) Services from a highly qualified firm for the Immokalee Road Project from Collier Blvd. to 43rd Ave. N.E. in a cost effective manner. ,- CONSIDERATIONS: Johnson Engineering has been providing CEI services under a work order issued under Contract 00-3184 Fixed Term CEI Services for County road projects. On September 24, 2002, the Board of County Commissioners approved an Executive Summary for the first portion of the project with certain Milestones. Subsequently, on June 28, 2005 the Board of County Commissioners approved a new contract with Johnson Engineering. However, the new contract did not include the total amount of days or dollars needed to complete this project and it was noted that Transportation would come back in 2006 for the remaining funds needed to complete this project. Overall this 8 mile project remains on schedule and this request is not due to any delay in construction but rather to address the balance of the original construction schedule. It is in the County's best interest to maintain Johnson Engineering as the eEl for the inspection services on this project. Staff has successfully completed negotiations with Johnson Engineering, Inc. in the amount of $1,390,932.40 for these inspection services. FISCAL IMPACT: Funds in the amount of $1,335,343.73 are available in Transportation supported gas tax Fund and Road impact fee fund. Funds in the amount of $55,588.67 are available in the water impact fee fund # 411 Cost center 273511 project # 70093. The sources of funds are Gas taxes, Road Impact Fees, and Water Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CEI #60018) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Change Order to Johnson Engineering, Inc. for the continuation of inspection services for this project and authorize the Chairman to sign the standard County Attorney approved contract. Prepared by: Steven D Ritter, Interim Principal Project Manager Attachments: (1) Contract Modification Form; (2) Change Order ,-' Item Number: Item Summary: Meeting Date: Agenda Item No, 100 October 24, 2006 Page 2 019 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10D Recommendation to approve Change Order #3 to add S1,390. 932.40 for Inspection services to Johnson Englneerrng, Inc, under ITQ 04-3583 CEI Services for Collier County Road Projects for Project No 600181mmokalee Road Project from Collier Blvd to 43rd Ave, N.E 10/24/2006 90000 AM Date Prep. red By Steve Ritter Transportation Services Field Engineering Inspector Transportation Engineering and Construction 10/5/20061:13:19 PM Rhonda Rembert Contract Specialist Date Approved By Administrative Services Purchasing 10111/20062:51 PM Norm E Feder, AICP Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin, 10/12/20069:11 AM Najeh Ahmad Director Date App roved By Transportation Services Transportation Engineering & ConstructIon Management 10112/20061:15 PM Management/Budget Analyst Date Approved By Lisa Taylor Transportation Services Transportation AdminIstration 10/1212006 1 ;45 PM Sharon Newman Accounting Supervisor Date Approved By Transportation Services Transportation Services Admin 10/12/20062:51 PM Steve Carnell Purchasing/General Svcs Director Date Approved By Administrative Services Purchasing 10112/20069:44 PM Approved By Pat Lel1nhard Transportation Services Executive Secretary Date Transportation Services Admin 10/13/20069:29 AM Susan Usher Senior Management/Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 10113120066:19 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 10116/2006 10:45 AM James V. Mudd County Manager Date Approved By Board of County Commissioners County Manager's Office 10117/20069:40 AM CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item NO.1 00 October 24, 2006 Page 3 of 9 PROJECT #: 60018 PROJECT NAME: Immokalee Road 6 lane, Collier Blvd. to 43rd Ave. NE BID/RFP #: 04-3583 MOD #: 3 PO#: 4500052682 WORK ORDER #: DEPARTMENT: TECM Original Contract Amount: $ 1.089.810.74 (Starting Point) Current BeC Approved Amount: $ 1.377.606.51 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 1.377606.51 (including All Changes Prior To This Modification) Change Amount: $ 1.390.932.40 Revised Contract/Work Order Amount: $ 2.768.538.91 (1ncluding This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 1.678.728.17 Date of Last BCC Approval: February 14.2006 Agenda Item # 1688 Percentage of the change over/under current contract amount 104 % Formula: (Revised Amount I Last BCC approved amount)-1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCe by the purchasing department, CeNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10% or $10.000, these changes are reported by the Purchasing Department to the BCe administratively, Changers to these work orders that exceed those thresholds require prior BCC approval. NON-CCNA Work Orders: If the change exceeds 10% of the current BCe amount. then Bce approval is required, If in doubt. contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV,3,d CURRENT COMPLETION DATE (S):ORIGINAL: June 27. 2007 CURRENT: April 30. 2008 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Added time to finish road contract. added funds to be able to allow CEI to continue inspection. JUSTIFICATION FOR CHANGE (S): What value or benefrt do these changes provide to the project? Johnson Enaineerinq, Inc. was hired for CEI oversiaht on this project but time and money were broken out into 3 seaments. This completes the 3m seament. PARTIES CONTACTED REGARDING THE CHANGE: Mark Beaverson, Senior Proiect Enaineer, Johnson Enaineerinq, Inc. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)_ Proposed change is consistent with the scope of the existing agreement -1L Proposed change is in fact an addition or deletion to the existing scope -1L Change is being implemented in a manner consistent with the existing agreement -1L The appropriate parties have been consulted regarding the change -1L Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. APPROVE BY: :;: ;t;::::" M0 Steven D. Ritter, Project Manager REVIEWED BY: Contract Specialist Date: Date: I v' {" c t Agenda Item No. 10D October 24, 2006 Page 4 of 9 OCDO'l 00...... .,-00 . N L() O-..i(]) ZN OJ ECi38: $.0 -0 ro...... -oU cO (]) OJ <:{ - - w en <( J: a.. - CD ~ CO I 0::: U - C <( o 0::: w W ...J <( ~ o :E :E - W Z W > co <C 0 ~ C ~ ii: 0:::03 ('t) z u... "l:tl->= ofrll- I-a~ T"" 0:: 0 It') 0.. U en >- 0:: . 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'E :l o E III Q; 'tl o CIl Cl c: III or: U ti ~ c: o u Oi c: ~ o .: c: 'iij E CIl ... III 'tl c: :l .... CIl E o In 0> 0> ..; o M o N ~ ... ... -' < I- o I- NOO ...00 E .,j-w " Q) "'.... 'E"" Q)a: a:. .,..... NO ...0 ~ 6..q: '" ....'" - Q) ,,- '" Q)a: a: .,..... c: 0<0 e:8 0<0 ~N .2 :.c e'O Ole:( ~ Q) 0.- '" a:........ ~aco ctlN~C? c:~ ........- 01- '0_ ~ (I) " 0 ~c; '" E ~~ b.. .... ~~~ U N ~ Q) E :e Q) > 0.,.", 00 00 ui", N N Q) "" a: >- '" 0. "'.... 2- 0- c: 01 ~ ~ c.2 <Il U "iij Elg 0 0. en c: ~ ':; o :=. c: ,2 "" :; " iii u Q) "" a: E " E Q) a:. CHANGE ORDER # 3 Agenda Item No, 10D October 24, 2006 Page 8 of 9 TO: Mr. Steve Morrison, P.E., President Johnson Engineering Inc. 2158 Johnson Street Ft. Myers FI. 33901 FROM: Collier County Transportation Engineering & Construction Management Department 2885 South Horseshoe Drive Naples, Fl. 34104 Project Name: Immoka1ee Road Project # 60018 Construction Agreement Dated: Bid No.:ITQ 04-3583 Change Order No.: 3 Date: 9/25/06 Change Order Description: Provide additional Money and Time to allow completion of eEl services on this major Road project Credit $ Add $1,390,932.40 Original agreement amount .... ... ... .......... .............. ............. ............ $ 1,089,810.74 Sum of previous change orders amount (delete).............................. $ 287,795.77 This Change Order Amount [add] .................................................. $ 1,390,932.40 Revised Agreement Amount............ ..... ........... ........ .........,..,........ ... $ 2,768,538.91 Original contract time in calendar days ...730.................................... Adjusted number of calendar days due to previous change orders Days 0 This change order adjusted time is. ..308... Days Revised Contract Time in calendar days ...1038............. Days Original Notice to Proceed date............. ..... June 2, 2005 Completion date based on original contract time June 27th 2007 Revised completion date April 30th 2008................................. This adds $1,243,239.19 for management and Inspection services, $55,588.67 increase in Utilities for water main inspection, $16,190.30 additional for survey work, and $75,914.24 additional for reimbursab1es. The 308 days are needed to reach the end of the road projects schedule. Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Steven D. Ritter, Interim Principal Project Manager Collier County Transportation Engineering & Construction Management Accepted by: Steve Morrison, P.E., President Johnson Engineering, Inc. Date: Change Order No. Page 2 Approved by: Date: Jay Ahmad, P.E., Director Collier County Transportation Engineering & Construction Management Approved by: Norman E. Feder, Division Administration Collier County Transportation Date: Accepted by: Roy Anderson, P.E., Director Collier County PUED Date: Agenda Item No. 10D October 24, 2006 Page 9 of 9 Agenda Item NO.1 OE October 24,2006 Page 1 of? EXECUTIVE SUMMARY Report from the Collier County Health and Code Enforeement Departments regarding the initiatives taken to eliminate unsafe and unsound housing in the Immokalee Community. OBJECTIVE: To report back to the Board of County Commissioners the results of the efforts made by the Collier County Health Department and the Code Enforcement Department in the Immokalee area to improve and/or remove substandard housing in the Immokalee community. ,-. CONSIDERATIONS: The Board of County Commissioners held a workshop on April 13, 2006 in the Imrnokalee community to discuss the housing issues with community leaders and residents and see for themselves the conditions that exist in the area. At the conclusion of that workshop there was overwhelming support to make a concerted effort to eliminate the substandard housing that exists in the community. Recommendations resulting from the April 13th Workshop: 1. Reinstate the tipping fees program to provide payment assistance for the removal of condemned mobile homes and allocate $100,000 to the FY07 budget for this program. 2. Take an aggressive approach to strictly enforce the County's Minimum Housing Code and condemnation of substandard dwellings during the summer months while many units are vacant, using the Florida Building Code as authority to condemn mobile homes and RV trailers. 3. Strictly enforce and ensure the compliance with the Code Enforcement rental registration code during the swnmer months while many units are vacant. 4. Increase the Department of Health migrant housing inspection staff through a budget increase of$250,OOO annually. 5. Promote the utilization of the existing "fast-track" ordinance for farm worker housing. 6. Promote the impact fee deferral program with the agricultural industry as an incentive for the construction of new farm worker housing facilities. On May 23, 2006 a report was presented to the Board summarizing the recommendations that resulted from the workshop in April. The County Manager requested guidance from the Board relative to the degree and timing of enforcement required to ensure all Immokalee residences are habitable and in compliance with governing laws. After much discussion the Board gave direction to the County Manager to take an aggressive approach to the elimination of substandard housing in Imrnokalee. They also motioned to allocate expanded services funding in the Health Department's budget for the elimination of substandard migrant housing in the FY 2007 budget. In addition, $75,000 would be allocated immediately to start an aggressive summer program by the Health Department. The funds would be utilized for hiring staff and purchasing the necessary equipment to increase their inspections in the lmmokalee area during the summer months. The Board also requested that a status report be provided at the end of October 2006. ~ Agenda Item NO.1 OE October 24,2006 Page 2 of 7 The Board decided not to reinstate the $100,000 of funding recommended for the tipping fee program. Health Deoartment Status Rt!1Jot1- AccoIIIDlishments: In June 2006 the Collier County Health Department established 4 Environmental Health Aide positions and by July 1, 2006 the positions were established, filled and staff orientation and training had begun. The individuals hired are all from the Immokalee community and have worked as migrant or fann laborers in the past. Investigations were initiated in facilities identified as damaged by Hurricane Wilma but still being used as migrant housing units. Most units were vacant at the time of the investigation so few individuals have been displaced. Assistance to seek other, more suitable housing has been provided to anyone displaced including residents of Mr. Santos' facility. Property owners were notified at the time of the inspection of the Health Department's intent to eliminate beds, reduce number of licensed beds or to deny a permit based on the condition of the facility. Notification letters with written documentation and photos where provided to all owners by hand delivery or signed receipt. Duplicates of all notices and photos have been provided to Code Enforcement staff and Department of Health Chief Legal Counsel. The Director of the Immokalee Division of the Health Department spoke with or met individually with many of the owners impacted by these efforts to discuss program objectives and requirements. As of September 30, 2006, 486 beds from 238 units have been eliminated. Positive Outcomes: As residents of the community have become aware of the efforts being made to improve housing conditions several have come to the Health Department to report problems. The picture below is of a non-migrant housing unit brought to the attention of the Health Department by the renters. A citation and fine were issued to the owner for sewage violations and the documentation was delivered to Code Enforcement staff for follow up. The former renters have relocated to other available housing. "~,_.,, Agenda Item No. 10E October 24, 2006 Page 3 of 7 Budeet AUoctlted Funds enduures Salaries Su lies ill ment Travel Remainine Funds $75,000 $41,900 $5,110 $11.880 $1,100 $15.010 Code Enforcement Department Sttltus Reoort: Since June 2006, the Code Enforcement Department developed a program for its staff to survey the Immokalee Community to identify those structures that had the appearance of substandard conditions. Staff resources were reallocated from other areas in the County to meet the Board direction to the County Manager. The three Irnrnokalee investigators, two property maintenance specialists and one general investigator were assigned to the program. The survey resulted in the identification of 1 03 properties with structures that had substandard conditions. All properties involved in the survey have been issued a Notice of Violation, either in person or via certified mail, citing unsafe conditions. Further enforcement action will be taken, including forwarding the case(s) to the Code Enforcement Board (CEB) if no corrective action has been initiated by the date specified in the notice. The Building Department has been consulted to perform inspections on approximately 20 structures so far. The inspections identify the general deficiencies with the Building Code and require property owners to take action to correct the deficient conditions or demolish the structure. To date, property owners have voluntarily complied with Code Enforcement staff request and demolished 20 structures and repaired 9 structures. We anticipate that approximately Agenda Item No. 10E October 24,2006 Page 4 of 7 10 additional units will be repaired or demolished voluntarily leaving approximately 25 units to be demolished by the County. A Request for Qualification (RFQ) has been released with the help of the Purchasing Department to solicit qualified contractor's to obtain bids for the removal of structures for this program. What will prevent staff from proceeding with removal of structures will be lack of funding. No funds were allocated specifically for this program and if existing funds are utilized, County-wide nuisance abatement will be eliminated. Although the nuisance abatement program is designed to be reimbursed by payment from the affected property owners, payment is rarely received timely within a designated fiscal year, if at all. If it is recommended that this program continues, funding is required for affective implementation. Some of the progress made so far is evident in the following photos: 309 S. 1 sl Street (before) 311 S. 1st Street (before) 309 S. 15t Street (after) 311 S. 1 st Street (after) Agenda Item No, 10E October 24,2006 Page 5 of 7 " _.-. 3507 Carson Road (before) - 3507 Carson Road (after) We believe that much has been accomplished in a short time. Improvements are visible and if this program continues it is bound to make a positive impact on the Immokalee community. Plans and Continuine Efforts Cooperation and coordination of efforts between the Collier County Health Department and Code Enforcement has had an impact in the short term but efforts must be made to sustain, expand and monitor results over the long term. Without continued efforts and monitoring, substandard units that are now vacant, will soon have new tenants. This project has only addressed a small part of the problem. Many more unlicensed housing exists, based on estimates of the number of migrant farm workers who come to Collier County annually. However investigations are required to locate these units, bring them into compliance or close them down as deemed appropriate. FISCAL IMPACT: A total of $250,000 is already contained in the FY07 General Fund for the Department of Health for the continuation of the inspection program to eliminate substandard migrant labor housing highlighted in this summary. An additional $100,000 is requested from MSTD General Fund (111) reserves for County initiated demolition of substandard housing in the Immokalee community. GROWTH MANAGEMENT IMP ACT: The elimination of substandard housing fulfils the Goals, Objectives and Policies, of the Housing Element of the County's Growth Management Plan, specifically: _. Obiective 4: By 2000, the County and City will conduct a comprehensive housing survey to identify substandard dwelling units. Through continued enforcement of each jurisdictions housing codes, and the provision of housing programs, the number of substandard units associated with a lack of plumbing andlor kitchen facilities throughout the County shall be reduced by 5% per year through rehabilitation or demolition. Policy 4.1: By 2001, use the comprehensive housing inventory to develop and implement new programs to reduce substandard housing employing existing methods such as housing code Agenda Item No. 10E October 24, 2006 Page 6 of 7 inspections. rehabilitation, and demolition with new construction and develop new programs as needed. Poliev 4.2: Require the demolition of dilapidated, unsafe or unsanitary housing that does not meet housing code or cannot economically be rehabilitated. Poliev 4.5: Dwelling units will be maintained in a safe and sanitary condition, including adequate light, ventilation. sanitation and other provisions as required by the County and the City minimum housing codes. This will be accomplished through housing code inspections and enforcement, and housing rehabilitation programs using State, Federal, local and/or private resources. RECOMMENDATION: That the BCC accept this report and endorse continuation of the identified inspection initiatives. Further. the BCC is asked to consider funding an additional $100,000 from MSTD General Fund 111 reserves to offset substandard housing demolition; and continue support for the migrant inspection program which is currently funded within the Public Health Department - General Fund (001). Prepared by: Michelle Edwards Arnold. Code Enforcement Director Dr. Colfer. Health Department - ,-. Item Number: Item Summary: Meeting Date: Agenda Item No. 10E October 24,2006 Page 7 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10E Report from the Collier Counly Health Department and Code Enforcement Department regarding the initiatives taken to eliminate unsafe and unsound housing in the lmmokalee Community_ (Michelle Arnold. Director, Code Enforcement and Dr. Joan Colfer, Collier County Health Department) 10124/200690000 AM Date App roved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 1011212006 11 :09 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Serl!ices Admin. 10/13/200610:47 AM Mark Isackson Date Approved By County Manager's Office Budget Analyst Office of Management & Budget 10/17/20061 :00 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/18/20069:37 AM Agenda Item No.1 OF October 24, 2006 Page 1 of 19 - EXECUTIVE SUMMARY Recommendation to adopt a Resolution repealing all previous resolutions establishing and amending parts of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy and establishing the policy effective November 1, 2006 and superseding Resolution No. 2006-43 and all other resolutions establishing License and Fee Policy. Objective: To generate revenue sufficient to offset program and facilities costs. Considerations: The Parks and Recreation Advisory Board recommend to the Board of County Commissioners that the existing Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy as amended be repealed and established effective November 1, 2006 to provide for multiple changes and additions within the policy. Major changes within the fee structure were brought to the Board of County Commissioners on September 26,2006. The Board of County Commissioner's directed staff to look at a variety of issues related to recommended changes. Specifically, the Board requested that: ,- · Concession Booth fees dropped from $25 to $20. · Consider reducing recommended single and family annual pass rates to Sun-N- Fun Lagoon · Establishing criteria that annual pass rates to Sun-N-Fun only be provided to residents of Collier County · Look at establishing higher fines for violating handicap parking, deface or disfigure county property, soliciting, removal of live, natural objects, removal of cultural resources and loud music ordinances · Allow for a transferable rain check policy · Change enumeration within the fee policy for consistency and accuracy · Identify exemption for civic associations to use for their general membership meetings · Establish less of an increase for fees associated with use by non-profits for facilities In response to the Board of County Commissioner's direction each of these changes have been implemented and/or already existed. Changes are identified with strike through if altered from last year's reso lution or underlined if language has been added to the resolution. Furthermore, in the October 10, 2006 Board of County Commissioner's meeting, changes regarding the following was directed: "- Agenda Item No, 10F October 24,2006 Page 2 of 19 . Consider increasing fines associated with Littering, Glass Containers on the Beach, Defacing Disfiguring County Property, Removal of Live, Natural Objects to increase . Consider adding language that would require individuals who defaced or disfigured County Property to also pay for damages incurred. . Consider adding indecent exposure in addition to nudity as a offense requiring a citation . Consider identifying Regional and Neighborhood Park fees versus just ones related to Immokalee Airport and Sugden . Consider adjusting fees related to Cosponsored league play · Consider limits to group sales to Collier County residents . Consider limits to facility rentals in order to maintain facility for public use Significant changes to the fee policy include: I Item I FY 06 Charge I Proposed FY 07 Charge NCRP Indoor 1,500 I $ JO per hour I $15 per hOill square feet (non- profit) NCRP Indoor I $15 per hour I $25 per hour 1,501-3,000 square feet (non-profit) NCRP Indoor 3,001 I $20 per hour I $40 per hour square feet and over (non-profit) NCRP Gymnasium I $30 per hour I $30 per hour per court (non-profit) N CRP Indoor $25 per hour $40 per hour Room 1,500 square I feet (all others) NCRP Indoor $45 per hour I $80 per hour Room 1,501-3,000 square feet (all others) NCRP Indoor $60 per hour I $125 per hour Room 3,001 square feet & over (all others) I N CRP Gymnasium I $60 per hour I $60 per hour per court I (all others) I Concession Fees I $25 per day I $20 per day Pelican Bay Tennis $8 per 1.5 hour I $10 per 1.5 hour time period Fees time period Pelican Bay Tennis Fees North Collier Regional Park Sun- N-Fun Annual Pass Sun-N-Fun Lagoon Annual Pass Golden Gate Aquatic Complex lmmokalee Sports Complex. I Summer Camp Summer Camp (1- week session Park and Beach Citations I $371 annual pass N/A I N/A 1$225 I $210 1$549 I $75 per week $35 for parking only Agenda Item NO.1 OF October 24, 2006 Page 3 of 19 I $377.36 annual pass $110-over 48" $80--under 48" (inclusive of taxes) Family pass $190 (inclusive of taxes) $140 (inclusive of taxes) Each additional family member $40 $125 (inclusive of taxes) Each additional family member $30 I $600 + $540 each additional child I $85 per week (see attachment A for proposed citation fee schedule) The Parks and Recreation Advisory Board reviewed and approved the proposed fees at its September 21, 2006 meeting. The Board of County Commissioners reviewed these proposed recommendation and requested the changes found in the current resolution. Fiscal Impact: All fees outlined in the proposed policy are included in the appropriate budgets within the FY 07 Parks and Recreation appropriations and if approved will become effective November 1, 2006. Growth Mana2ement Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners adopts the proposed Resolution repealing all previous resolutions establishing and amending parts of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy and establishing the policy anew and authorizes the Chairman to sign. Prepared by: Mary Ellen Donner, Assistant Director, Parks and Recreation ,- Item Number: Item Summary: Meeting Date: Agenda Ilem No. 10F Oclober 24, 2006 Page 4 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10F ThIS Item was continued from the September 26 and the October 10, 2006 Bee meetings Recommendation to adopt a Resolution repealmg all prevIous resolutions establishing and amending parts of tIle Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy and establishing the policy effective November 1, .2005 and superseding Resolution No. 2006-43 and all other Resolutions establ:shtng license and fee policy (Marla Ramsey, Admlnlst,ator, Public ServIces) ,'[ D/24/2D06 9:0000 f\M Assistant Director Date Prepared By Mary Ellen Donner Public Services Parks and Recreation 9/11/20068:04:25 AM Senior Admin Assistant Date Approved By Tona Nelson Public Services Parks and Recreation 9/29/2006 3:38 PM Barry Williams Director Date Approved By Public Services Parks and Recreation 10/2/20062:52 PM Raymond Carter Operations Manager Date Approved By Public Services Parks and Recreation 10/2/20063:41 PM Approved By Kathy Carpenter Public Services Executive Secretary Date Public Services Admin. 10/3120068:41 AM MarLa Ramsey Public Services AdministrZltor Date Approved By Public Services Public Service!:> Admin 10/3/20066:09 PM Approved By OMS CoordInator County Manager's Office Administrative Assistant Date Office of Management & Budget 10116/20068:13 AM Sherry Pryor Management & Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 10117/20068:55 AM Approved By Michael Smykow50ki County Manager's Office Management & Budget Director Date Office of l\ilanagcment 8. 8udget 10117/200610:17 AM County Mimager Date Approved By James V. Mudd Board of County Comrnissioners County Manager's Office 10/18/20064:50 PM Attachment A Fines for Park and Beach Citations Fines for Park and Beach Citations Parking Citation Handicap Parking Citation Domestic Animals Littering Intoxicating Beverages Glass Containers Fires Sea Turtles - Structure on Beach no Interaction Sea Turtles - Interruption of Nesting Sea Turtles - Grievous Harm Caused Sea Turtles - Artificial LightinglNon-Compliance Gopher Tortoise Infraction Agenda Item NO.1 OF October 24, 2006 Page 5 of 19 $35 $250 $30 $100 $75 $100 $100 $250 $500 $1,000 $500 up to $500 (Land Development Code) $100 $100 $100 $50 $75 $50 $75 $75 $250* $50 $100 $100 $100 $100 Loud Music Nudity Indecent Exposure Blasphemous Language Chumming and Blood Baiting Protection & Preservation of Wildlife Camping Driving Motorized/Non-Motorized Vehicle/Beach Deface or Disfigure County Property Protection of Vegetation Soliciting Removal of Live, Natural Objects Removal of Cultural Resources Firearms * All efforts will be made to ensure individuals who disfigure or deface County property in addition to the fines cited above pay for the property damage. Agenda Item No, 10F October 24, 2006 Page 6 of 19 RESOLUTION No. 2007_ A RESOLUTION OF COLLIER COUNTY, FLORIDA, RE-ESTABLISHlNG THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY ~ SUPERSEDING RESOLUTION NO. 2006-43 AND ALL OTHER RESOLUTIONS ESTABLISHING LICENSE AND FEE POLICY. WHEREAS, the Director of Parks and Recreation has recommended to the Board of County Commissioners that the existing Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy be amended as follows; WHEREAS, the Board of County Commissioners hereby accepts the recommendations of the Director of Parks and Recreation; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY THAT: The Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy is hereby established as follows. This Policy supersedes the Policy as established in Resolution No. 2006-43 and all previous resolutions establishing license and fee policy. I. PURPOSE The purpose of this policy is to ensure maximum use of facilities, outdoor areas and programs in Collier County and provide equitable fees and charges collected from users of such facilities, outdoor areas or programs. ]1. L1M]TATIONS The Parks and Recreation Director, or designee, may waive enforcement or application of any of these regulations or restrictions with respect to any facility, outdoor areas, or program provided such waiver does not interfere with public safety or enjoyment. No fees may be waived, No non-government entity shall charge an admission fee to any out of doors event, including aquatic facilities, The Board of County Commissioners shall set fees and charges for all facilities and programs, Consistent with Collier County's policy of ensuring all citizens equal opportunity to participate in programs, any resident requesting special consideration must substantiate to the Parks and Recreation Director proof of financial need. If applicable. scholarships are available based on a sliding fee schedule. All information provided is not confidential but will be used only for the purpose of establishing reduced or waived program fees. Rates and charges can be modified on a case-by-case basis if approved by the Director of Parks and Recreation for special promotional sales and advertisements to stimulate increased utilization of programs, III. CLASS]FICATIONS A. Facility License Definitions and Uses \, Outdoor Areas: Open space or land owned or leased by the Parks and Recreation Department. Such outdoor areas shall include, but not limited to, sports fields, playgrounds, swimming pools and/or other park and recreation land areas, excluding Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section Q, herein). Outdoor areas shall be used for those purposes designated or implicit in their character, Any deviation B. Agenda Item NO.1 OF October 24, 2006 Page 7 of 19 from normal appropriate use shall require express prior permission from the Parks and Recreation Director or designee, 2. Facilities: Buildings and dwellings owned or leased by the Parks and Recreation Department. Such facilities include, but are not restricted to, community center areas and rooms, gymnasiums, pavilions, shelters, and other areas located in the Parks and Recreation structures, excluding the Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section Q, herein), Facilities shall be used for those purposes designated or implicit in their character. Any deviation from these intended normal uses shall require express prior permission from the Parks and Recreation Director, or designee, 3. Programs: Recreation activities conducted on land or in facilities owned or leased by Collier County, Such activities include, but are not restricted to: athletic, clinic, instructional and interpretative seminars for preschool, youth, adult, senior and special populations. Any deviation from these intended normal uses shall require express permission from the Parks and Recreation Director, or designee. 4. Vehicle Parking Fees: Parking lots at Collier County beach parks and accesses, to include, but not limited to, the following: Tigertail Beach, Barefoot Beach Access, Barefoot Beach Preserve, Clam Pass Park, Vanderbilt Beach, North Gulf Shore Access, and South Marco Beach Access, 5, Boat Launch Fees: Ramp use at Collier County owned and operated boat launch facilities to include, but not limited to, Bayview Park, Cocohatchee River Park, Caxambas Park, and Collier Boulevard Boating Park, User Categories - Applicable to all indoor and outdoor areas Governmental entities are not subject to fees. All other facility users shall have their fees determined by the category of the entity, Note: All parks shall remain open to the public. The two categories are: 1, Category I - Federal Income Tax Exempt Entities, Registered Charities, Not- for-Profit Groups, a. Federal Income Tax Exempt Entities Groups that are exempt from taxation under any subsection of Section SOl (c) of the Internal Revenue Code. The following civic associations will not be subject to fees for their one general membership meeting per month: East Naples Civic Association, Golden Gate Estates Civic Association, Golden Gate Civic Association, lmmokalee Civic Association, and Second District Association. b, Specified Sales Tax Exempt Entities Those entities that are exempt from Florida sales taxes pursuant to Subsection 212.08 (7), Florida Statutes such as a home for the aged, nursing home, hospice, or an organization whose primary purpose is to provide special educational, cultural, recreational, or social benefits to minors, or is a religious, charitable, scientific, educational, or veterans' organization. c, Local Not-for-Profit Groups or Non-Profit Groups Entities, irrespective of tax exempt status, which are not-for-profit corporations, organizations or other not-for-profit entities that are of Collier County origin, have their principal location in Collier County, and of which fifty per cent (50%) of the group's membership are residents of Collier County, with a primary purpose to provide social services to others or to 2 Agenda Item No. 10F October 24, 2006 Page 8 of 19 protect interests outside of the group, such as the environment, endangered animals, disadvantaged persons, or some other similar external interest. The primary focus ofthese groups is outward looking and away from the personal interests of the group's members, d, Other Local Not-for-Profit Groups Those entities, irrespective of tax exempt status, which are not-for-profit corporations, organizations or other not-for-profit entities that are of Collier County origin, have their principal location in Collier County, and of which fifty per cent (50%) of the group's membership are residents of Collier County, but the group's primary purpose is not to provide social services to individuals who are not bona fide members of the group or is not to protect interests outside of the group, This category includes property owners' associations, political groups, and all other special interest oriented teams or clubs such as hobbyists' clubs, chess clubs, radio clubs, hunters and fishermen clubs, stamp, coin, and other collectors' clubs; garden clubs, car clubs, and all other similar clubs, groups or organizations. The primary focus of these groups is inward toward the group's members, ~, Categorv II - All Others A. Each individual. grouP. organization or entitv that is not within Categorv I. 1. Fund Raising Activities Each Category I individual, group, organization or entity involved in any fund raising activity must pay full fees as described in IV.RA. Each Category II individual, group, organization or entity involved in any fund raising activity must pav full fees as described in IYB, a. Charging in advance for an admission ticket or requiring any tangible thing of value for admission to, or to participate in, any activity at any County parks facility, or, b, Requiring any donation of money or any other tangible thing of monetary value, or, c. Selling or bartering any tangible thing of monetary value, Fund raising activities do not include: a, Season sign up fees for persons to join league as a team member or team participant. b. The sale of educational materials for use as study materials for students attending class conducted at the park facility, Such sales must be at or below the seller's actual costs, IY, FEE STRUCTURE - (All fees are exclusive of sales taxes unless otherwise noted). A. Category I User Fees Facility Rates (excluding league play and special facilities; J.e" sWlmmmg pool, etc.) Facility Type Rate Per Securitv Hour Denosit Indoor Room under 1,500 sq ft $10,00 $50,00 Indoor Room 1,501 - 3,000 sq ft $15,00 $100,00 Indoor Room 3,001 sq ft & over $20.00 $100,00 Gymnasi urn $30,00 $100,00 Small Pavilion $10.00 $25.00 3 Agenda Item No, 10F October 24,2006 Page 9 of 19 Large Pavilion $20.00 $25,00 NCRP Indoor Room under 1.500 so ft $15.00 $50.00 NCRP Indoor Room 1.501-3,000 so ft $25,00 $100,00 NCRP Indoor Room 3001 sa ft & over $50,00 $100.00 NCRP Gymnasium (per court) $30.00 $100,00 Sugden Amphitheater $30.00 $60,00 Open Green Space (100 x 100) $10,00 n/a Athletic Facilities for General Use (i,e, Special ~ $80,00 Events, Picnics, Carnivals, etc.) $20,00 Athletic Facilities for Athletic Use $15.00 nla (Football/Soccer, Soft/Baseball, Little League, Sports Pavilion, Roller Hockey) Basketball/RacquetballIV olleyballlT ennis $5.00 nla Courts Lights $10,00 nla Sugden Regional Park for a Countywide Event $800 per $200.00 day I mmokalee Airport Park for a County wide $500.00 $200,00 Event ~ 1. Fund raising rates are ~ $10,00 to hourly rate above. 2. Rental fees do not include setup and break down of facility. An additional $20.00 per hour per staff person charge will apply should yOU require this servIce. 3. The security deposit will be refunded in full if the facilitv is returned in the condition in which it was received, B. Category II User Fees 1. Facility Rates (excluding special facilities; i,e" swimming pool, etc.) Facility Type Rate Per Hour Security Deposit Indoor Room under 1 ,500 sq ft $25,00 $50.00 Indoor Room 1,501 - 3,000 sq ft $45,00 $100.00 Indoor Room 3,001 sq ft & over $60.00 $100.00 Gymnasium $60.00 $100.00 NCRP Indoor Room under 1.500 so ft ~ $50,00 $40.00 NCRP Indoor Room 1.501-3.000 SQ ft $#,00 $100.00 $80.00 NCRP Indoor Room 3,001 SQ ft & over ~ $100,00 $125.00 NCRP Gvmnasium (per court) $60.00 $100.00 Small Pavilion $10,00 $25.00 Large Pavilion $20.00 $25.00 Sugden Amphitheater $60.00 $60,00 Sugden Green Space $60.00 nla Open Green Space (100 x 100) $20,00 nla Athletic Facilities for General Use (i,e. Special $30.00 $80.00 Events, Picnics, Carnivals, etc,) Athletic Facilities for Athletic Use ~ nla (Football/Soccer, Soft/Baseball, Little League, $25,00 Sports Pavilion, Roller Hockey) Basketball/RacquetballIV olley ball/T enni s $12,00 nla Courts Lights $10.00 nla Sugden Regional Park for a Countywide $1,200 per day $200.00 Event I mmokalee Airport Park for a Countywide $1.000 per day $200.00 event 4 Agenda Item NO.1 OF October 24, 2006 Page 10 of 19 2. Fund raising rates are $20,00 added to hourly rate above, 3. Rental fees do not include setup and break down offacilitv. An additional $20.00 per hour per staff person charge will applv should yoU require this service, 4. The security deposit will be refunded in full if the facilitv is returned in the condition in which it was received. C. Additional Fees: Categories I and II Service Additional Fee Per Hour Rental during non-business hours $20.00 (hours that are not normal departmental operation) Additional non-security staff $15,00 per staff member members Additional security staff members $20,00 per hour per staff member needed as determined by department Light fees (where not specified) $10.00 per hour Special requests or additional clean Per hour fee determined by up required department, based on cost D. Beach Parking Facilities Fees; Boat Launch Facilities Fees 1. Beach Parking Facilities Fees Beach parking facilities, including and not limited to, Barefoot Beach Preserve, Barefoot Beach Access, Clam Pass Park, North Gulf Shore Access, Tigertail Beach, South Marco Beach Access have a parking fee, inclusive of sales tax, at a rate of $6,00 per day. Collier County residents may obtain a beach parking permit at no charge, Permits will be valid for 2 years. Vehicles with permits will be exempt from daily parking fees at all beach parking facilities. Organizations operating excursion or shuttle services will be charged double the per vehicle per day fee. 2, Boat Launch Facilities Fees Boat launch facilities, including and not limited to, Caxambas Park, Cocohatchee River Park, Collier Boulevard Boating Park, and Bayview Park, shall have a launch fee, inclusive of sales tax, at a rate of $5,00 per launch per day. All residents and visitors may purchase boat launch permits for an annual fee of $75,00. These permits are available at all Collier County Parks and Recreation Community Centers. Commercial permits for launch facilities may be acquired at the Collier County Parks and Recreation Department Administration Office for a cost of$100.00 per vehicle plus the $5,00 fee per launch or $500.00 per commercial entity with no launch fee required, Commercial entities purchasing the $500,00 permit are eligible to use up to 5 vehicles for launches, Additional vehicle permits must be purchased for $100.00 each, All permits are good from January 1 to December 31. E. Concession Fees 1. For Each concession booth/location in conjunction with rental (except for NCRP) a ~$20,OO fee per day or 20% of gross revenues per day, whichever is greater, for each concession booth or location, 2, Concessionaires contracted by the County to serve the general public will pay a negotiated fee in lieu of the general facility use fee schedule. 3, Organizations operating concessions for Collier County co-sponsored leagues will be charged $5.00 per hour of operation, 5 Agenda Item NO.1 OF October 24, 2006 Page 11 of 19 F. Reserved G. Instructional Fees (Contractual Instructors) 1. Programs Fee Assessment: per hour or per participant basis. 2. ~Jon Staff Instruetar(s): .A.f1y easts f-or sl:Ipplies afla e~Hipment will be sl:l-i31;raet8a frOffi tAe slaGs fee ana tRe BalaRs8 of tRe fuRas will Be Sfllit bet\Y88R the ROR staff ins1;rl:lstor(s) aRa tRe COllHty as follews: a5% to tAe ReR staff instrustor(s) aRd 35~:' to tAe CeHflty for all sHsA instruetieRal pregraffis o0nGl:Ieted OR Cellier COl:lRt)' faoilities. .A.fier sl:l-i3traotion, tRe pro ratieR for iRstruotional progralTlS seRdl:lotea en non OO\'\Rt)' faeilities sRall B8 70% ts the nOR staff iRS1;rl:letsr(s) aRd 3g~( to tA@ CBl:IRty, 2.. Non-Stafflnstructor(s): The County shall pay 65% to the non-staff instructor(s) and 35% to the County for all such instructional programs conducted on Collier County facilities, ;2.. The pro-ration for instructional programs conducted on non-county facilities shall be 70% to the non-staff instructor(s) and 30% to the County, H. Athletics 1. Collier County Parks and Recreation Leagues Program Minimum registration fee per participant per league play Adult Youth Youth Immokalee ~ $40.00 ~ $20.00 $ 5.00 Leagues charged on a fee per participant basis may require a sponsor fee. Alternately, leagues may be charged a combined sponsor and players' fee per team as follows: Men's Softball Women's Softball Church Leagues Men's 35 Co-Ed & One Pitch Softball Men's Soccer Co- Ed Soccer Adult Flag Football $860.00 $540,00 $710.00 $760.00 $610.00 $650.00 $400,00 $500.00 Leagues will be charged light fees for practices, but not for scheduled league games, Leagues will not be charged field rental fees for practices and games during scheduled league season, Immokalee leagues will not be charged light fees for practices. Light fees will be waived for practices two weeks prior to the start of the season. 2, Collier County Parks and Recreation Co-sponsored Leagues Fees are applicable to Category I users only, League Type Fee per participant per league play $30.00 $1.00 per registered youth per week of league play Adult Youth (includes play-offs or all-star play) 6 Agenda Item NO.1 OF October 24,2006 Page 12 of 19 Leagues will be charged light fees for practices, but not for scheduled league games, 3, Clinics: Pm ratiens: a. For clinics conducted on any County facility, 65% of the fees go to the group or individual(s) and 35% of the fees go to the County, b, For clinics conducted on any non-County facility, 70% of the fees to the group or individual(s) and 30% of the fees to the County. c. An additional hourly rate will be charged for the facility if the clinic serves a fund raising purpose. d, If the clinic is free of charge to participants. regular facility rental fees will apply, 4, Tournament Fees Fees will be determined on a toumament-by-toumament basis based on, but not limited to, the following criteria: direct operational costs, duration of tournament, staffing, merchandise sales, category status, sponsored or co- sponsored parking and food concessions, I. Collier County Racquet Centers: 1. Pelican Bay Community Park Tennis Facility Service Rate Court Fees ~ $10.00 per person per 1 Y2 hr Single Annual Membership H71.00 $377.36 Couple Annual Membership $662.00 Y2 Hour Private Lesson $38.00 1 Hour Private Lesson $65,00 Round Robins $5.00 members $10.00 non-members The above court fees and membership rates do not include sales tax, J. Collier County Aquatic Facilities Key to abbreviations: GGAC=Golden Gate Aquatic Complex, ISC=Immokalee Sports Complex, SNF = Sun-N-Fun Lagoon Family is defined as an adult and. jf any. his or her spouse living in the same household. and/or. if any. his or her legal dependents under 18 years of age living in the same household. Fee for Non-Collier County public schools and colleges and universities during regular operating hours is $35,00 per hour unless superseded by separate agreement. Collier County Public Schools are fee exempt: however. they are required to pay $15,00 per hour per lifeguard or instructor. if not during regular operating hours. This fee exemption does not apply to the Sun-N-Fun Lagoon. Rain Check Policv: Upon paid receipt of admission at any Aquatics facility a rain check is issued after 30 minutes have elapsed upon signal from the facility that the pools must be cleared due to inclement weather. This rain check is only valid for individuals who present a paid receipt of admission to the cashier or designee that indicates the individual paid for their admission within a 90 minute time period prior to the signal of clearing the pools. 7 Agenda Item No, 10F October 24,2006 Page 13 oUg 1. Entrance Fees (inclusive of sales tax) UREler 3 Y 911th (3 17 AEkt# Senior ~ ff'St (6O+yrs) 3 vears Under 48" Over 48" and under GGAC Free $2,50 $3,00 $2.50 ISC Free $1.00 $1.50 $1.00 SNF Free $5,50 $10.00 $8.00 2. Pass Fees (@xeIHsi"e inclusive of sales tax) Type ~ ~ Senior Family Under 48" Over 48" GGAC 3 month $40.00 $60,00 $40,00 $100.00 ISC 3 month $35,00 $55.00 $35.00 $ 90.00 GGAC Annual.. $60,00 $80,00 $60.00 ~ $140,00 ISC Annual.. $50,00 $75.00 $50.00 ~ $125,00 SNF Annual .. $80.00 $110,00 $80.00 $190.00 No corporate discounts on pool passes. Annual pass rates are for Collier County residents only, ** Please check dates and hours of operation at facilitv. 3. Swimming Instructional Fees GGAC ISC Children's 12 hour $40.00 per $10,00 per clas s es participant participant Children's Y. hour $45.00 per $15.00 per classes participant participant Adult Y. hour classes $45,00 per $15,00 per participant participant Private Lessons $15.00 per 12 hour n/a 4, Pool Rentals GGAC & ISC (exclusive of sales tax) Each pool includes one staff member, One pool $50,00 first hour Each additional hour $35.00 per hour Each additional pool $35.00 per hour per pool Additional staff $15.00 per hour per lifeguard 5. S NFL un- - un agoon ees rount aCl 1 tv enta ees User Rate Persons less than 1 g iRelles tall ~5 ,19 plH" tall aaily fee PerseRS <1 S iRSRElS taller taller <t'" A~ .. :1. <'_ Members of groups of 20 or $4,25 plus tax daily fee more who are less than 48 inches tall Members of groups of 20 or $7.55 plus tax daily fee more who 48 inches tall or taller Entire Facility Rental $1500 per hour, 2-hour minimum $1000 each additional hour includes staff Partial Facility Rental $200 per hour, per pool (excluding lazy river) $300 for lazy river dees Rot iRelHae staff, staffiRg F G IF T R IF 8 Agenda Item No, 10F October 24, 2006 Page 14 of 19 I~~~::~I li~ga-lifiI as Reoedea as aet~n:niReG No exceptions are made to Collier County Aquatic Facility rates. Fee far R8R Callier COUflty J'lliblie seAeels BRG e8lleges al1a \:Iflivl:1FSities aariRg regular €l)'leratiRg Rears is $35,00 )'ler ROur Haless sliperseae8 by seflar-ate agreeRltlFlt. Collier Cel:lflty PI:IBlie SeReels are fee ellemj'lt; Aewe\"er, tAey are Teql:li:rea te flay $15.90 fler Rel:lr per lifegli8ra Elf iRstrueter, ifR8t al:lriRg Fe~]8r a]'leratiRg A81:1rs, This fee exem]'ltiea 88es Rat 8fl]'lly t8 tAe Sl:Ifl N Yl:ID LageaR. K. Collier County Fitness Centers Key to abbreviations: GGCP=Golden Gate Community Park, ISC=lmmokalee Sports Complex, NCRP=North Collier Regional Park, MHCP=Max Hasse Community Park, VTCP=Veterans Community Park I. Fitness passes are available in a three-tiered system, with passes offering use offacilities as follows: Facility Daily Fee Tier 1 Tier 2 Tier 3 Pass Pass Pass NCRP Fitness ~$7 yes no no GGCP Fitness 7 yes yes no MHCP Fitness 7 yes yes no VTCP Fitness 4 yes yes yes ISC Fitness 4 yes yes yes GGCP Pool Above see J yes ves no ISC Pool Above see J yes yes yes NCRP Lap Pool Above see J no no no 2. Fees associated with the pass types above are as follows, Daily walk-in and membership fees are subject to 6% sales tax. Tier Tier Tier 1 2 3 Monthly $35 $33 $20 3-Month $100 $90 $50 Annual $300 $250 $160 Spouse of Additional Family Member $165 $140 $100 (includes college students up to 25 years of age) Student (ages 13-18, students ages $125 $100 $75 13 to 14 must be accompanied by an adult 3. Baby-sitting Service $3,00 per child per use $20,00 per 10-visit card Babysitting service is offered limited hours at Golden Gate Community Park Fitness and North Collier Regional Park Fitness, 9 Agenda Item No, 10F October 24,2006 Page15of19 4, Corporate Discount on Annual Passes Discount does not apply to additional family members, Discount is based on employee participation, as follows: Employees 5-9 10- 24 25 and above Discount 10% 20% 40% L. Skate Parks Annual Membership for Age 21 and under $10 Annual Membership for Age 22 and older $25 M. Collier County Summer Camps, After School Programs, and Collier County Parks and Recreation Specialty Camps 1. Summer Camp (9 week session) 9-week session $519.00 $600.00 (each additional child) $540,00 I-week session $ 75.00 $85,00 10% discount on each additional child from the same household after the first. 2. After School Camps Jler ':Ieek Session- 19 weeks 20 weeks $25.00 $475,00 $500.00 Transportation cost per week is additional and will be based on the current transportation contract. 3, Holiday Camps I-day camp 1- week camp East@r Camp (5 says) Christmas Camp (1 days) $15.00 $85.00 $75.00 $aO.OO 4. Collier County Parks and Recreation Specialty Camps Additional specialty camp fees are competitive market prices based on hours and type of instruction. Ranger Camp per week Ski Camp per two weeks Sailing camp per two weeks $100.00 $250.00 $250.00 N. Refund Policv a. Programs and Classes Satisfaction Guarantee Policv -If vou are not satisfied with a class or are unable to participate for any reason. please contact us immediately. Our policy is to provide a 100% credit or refund (your choice) to anyone who makes a WRITTEN request before the start of the second class. Requests received after the second class will entitle participants to a prorated refund. Prorated refunds will be based on the number of classes remaining 10 Agenda Item No, 10F October 24,2006 Page 16 of 19 at the time the written application for refund is made. This offer does not include adult sports leagues or supplies purchased for the class. b, Facility Rentals If you are not satisfied with a facilitv or inclement weather prohibits usage, a written reQuest must be submitted within 48 hours, The department Director or designee will make a determination if the refund wilI be granted, c, Point of Sale Refund If vou are not satisfied with a facility or a seryice provided by the department. vour reQuest for a refund will be reviewed bv the superyisor on duty. Current Finance Department refund policies will be followed, O. Memorial Bench and Tree Donations 1. $2,000 Bench 2, $ 500 Tree Fines for Park and Beach Citations Chapter 89-440 Laws of Florida authorizes the Board of County Commissioners to designate employees of Collier Countv Parks and Recreation Department as Park Rangers. The Board of County Commissioners has granted Collier County Park Rangers with certain powers and duties. through Section 246-28 the Code of Laws and Ordinances, Chapter 97-347 (Special Act) as amended bv Chapter 2006- 337 further authorizing Park Rangers to write citations to appear before the Special Master. P. 80-47- Parking Citation 80-47- Handicap Parking Citation 76-48- Domestic Animals 76-48- Littering 76-48- Intoxicating Beverages 76-48- Glass Containers 76-48- Fires 76-48- Sea Turtles - Structure on Beach no Interaction 76-48- Sea Turtles - Interruption of Nesting 76-48- Sea Turtles - Grievous Harm Caused 76-48- Sea Turtles - Artificial Lighting/Non-Compliance 3, I I A-Gopher Tortoise Infraction (Land Development Code) 76-48- Loud Music 76-48- Nuditv 76-48- Indecent Exposure 76-48- Blasphemous Language 76-48- Chumming and Blood Baiting 76-48- Protection & Preservation of Wildlife 76-48- Camping 76-48- Driving MotorizedlNon-Motorized Vehicle/Beach 76-48- Deface or Disfigure County Property 76-48- Protection of Vegetation 76-48- Soliciting 76-48- Removal of Live, Natural Obiects 76-48- Removal of Cultural Resources 76-48- Firearms $35 $250 $30 $100 ill $100 $100 $250 $500 $1.000 $500 up to $500 li.QQ $100 $100 $50 $75 $50 ill ill $250* $50 $100 $100 $100 $100 11 Agenda Item NO.1 OF October 24,2006 Page 17 of 19 * All efforts will be made to ensure individuals who disfigure or deface County property in addition to the fines cited above pav for the property damage, Q. Golden Gate Community Center 1, Golden Gate Taxing District Boundaries: West Boundary: Santa Barbara Boulevard to Logan Boulevard to First Avenue SW East Boundary: canal 1 mile east of County Road 951 North Boundary: First Avenue SW over 951 Boulevard and White Boulevard to the canal located 1 mile east of County Road 951 South Boundary: Palm Springs subdivision and Radio Road to Santa Barbara Boulevard 2. User Categories Class I: Charitable. Not-for-Profit organizations Class II: Not-far-Profit organizations Class Ill: Civic organizations Class IV: Commercial or For-Profit organizations and any other group or individual 3, Deposit Fees Auditorium All Other Rooms $200,00 $ 50.00 4. Rental Fees A. Rooms A, B, C, D Category within District Class I No charge Class 11 No charge Class 1II Class IV (<1,500 sq ft) (1,501-3,000) (3,001+) B. Auditorium Category Class I & III Class 11 Class IV No charge $lO.OOlhour $15.00/ hour $20.001 hour within District No charge approved by Board $20,OOlhr < 10 pm $40.00Ihr 10 pm + outside District No charge approved by Board No charge $25.001 hour $45.001 hour $60.001 hour outside District No charge approved by Board $60.00Ihr < 10 pm $80.00Ihr 10 pm + C. Wheels Amphitheater and Open Area Fees charged in accordance with the Sugden Regional Park Fee Policy for Use for Countywide Events. D. Gymnasium Category Class I Fund Raising Class II Fund Raising General Fee $30.00 per hour any size $20.00 added to rate above $60.00 per hour any size $20,00 added to rate above Classes 1II, IV will be required to pay sales tax. 12 Agenda Item No. 10F October 24, 2006 Page18of19 5, Service and Sale of Alcoholic Beverages A. Serving of Alcoholic Beverages These provisions apply for any event where alcoholic beverages will be available, No alcohol may be made available without a valid Certificate of Insurance on file at the Golden Gate Community Center. User categories Class I and Class IJ, as previously defined in Q(2), above, the user must present a General Liability Policy for the date of use which specifically includes contractual liability and host liquor liability in an amount not less than Five Hundred Thousand Dollars ($500,000) at least four (4) weeks prior to the event. As determined by the County Risk Management Director, in the event of above average exposure Five Hundred Thousand Dollars ($500,000) liability coverage shall be required. In the event of unusual or high exposure One Million Dollar ($1,000,000) liability shall be required. B, Sale of Alcoholic Beverages In the event any user intends to sell alcoholic beverages, they will be required to meet all State requirements regarding the sale of alcohol and obtain all required permits. Copies of said permits shall be filed with the Community Center Supervisor, The Center Supervisor shall contact Collier County Department of Risk Management for insurance requirements, C. Rules and Regulations for Users Serving A]coholic Beverages I. ]t is the responsibility of the user that no alcoholic beverage shall be allowed outside assigned meeting room(s) auditorium. 2, The user is responsible to ascertain that no alcoholic beverage shall be served to any person under the age of 21. 3. The user shall be responsible for the behavior of any parties with the user's group. 4, The user shall be responsible to assure that no alcoholic beverages are served during the last thirty (30) minutes of user's scheduled event. 5, The user will be responsible for supplying a Certificate of Insurance at least four (4) weeks prior to scheduled event (see insurance provisions). 6, The user will be responsible to comply with Chapter 562, Florida Statues. 7. The user must abide by all other operational policies and procedures of the Golden Gate Community Center. Any violation of any of these rules can result in termination of the event. 8, The user must pay the cost of security provided by the Collier County Sheriffs Office, The fee is payable to Collier County Parks and Recreation at the time of payment for facility use. 13 Agenda Item No. 10F October 24,2006 Page 19of19 A copy of the fee rules, as hereby amended, is attached. This revised policy shall be effective November 1, 2006. This Resolution adopted this day of and majority vote in favor of passage. ATTEST DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legal sufficiency: By: Robert Zachary Assistant County Attorney , 2006 after motion, second BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Frank Halas, Chairman 14 Agenda Item NO.1 OG October 24,2006 Page 1 of 4 EXECUTIVE SUMMARY Presentation to the Board of County Commissioners by the Collier County Transportation Engineering and Construction Management Department regarding the cost and requirements associated with converting FPL overhead electrical facilities to underground lines along county's roadways. OBJECTIVE: Respond back to the Board of County Commissioners with an estimate of the county share of cost to convert overhead distribution lines to underground as part of FPL Grid Hardening. CONSIDERA TIONS: At the April 11, 2006 Board of County Commissioners meeting Mr. Grover Whidden presented the FPL grid Hardening strategy for Collier County. The board requested that FPL meet with Transportation staff to discuss the details of their cost sharing proposal. The TECM staff worked with FPL to determine the cost of converting overhead lines to underground on the six different road widening projects and finalized the conversion estimates for presentation to the board. The estimates are based on FPL being authorized to partICIpate at 25% in the cost of the conversion alone. This has not occurred yet. The conversion to underground includes the cost of removing existing poles and appurtenances, the remaining depreciated value of those facilities _ and the cost of new underground installations. The majority of customers being served by the distribution lines are currently connected overhead. The estimates do not include the cost for these customers to convert to underground lines. The estimates to convert are for distribution lines, not transmission lines. FPL will provide a detailed estimate upon payment of a ten percent deposit on the total cost of the conversion. Rough Estimates are provided for the following examples: Example 1 - Project Under Construction: Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard. New power poles have already been installed, so the cost to remove includes the value of the new poles and appurtenances plus the cost to place the lines underground. A five foot utility easement is anticipated to provide room for the underground. The conversion would need to take place after road construction is completed to avoid construction delays. Trenching may not be possible in areas of walls and directional boring may be necessary. The cost to Collier County per mile is estimated to be $869,325. Example 2 - Project in Design: Collier Boulevard from US-41 to Davis. The cost to convert includes a credit for savings for FPL not having to relocate their overhead. A five foot utility easement is anticipated to provide room for the underground lines. The start of road construction would have to be delayed until the easements are acquired in the areas of relocation. Trenching may not be possible in areas of walls and directional boring may be necessary. The cost to Collier County per mile is estimated to be $829,410. Example 3 - Project at 100% Design: County Barn Road. The cost to convert includes a credit - for savings for FPL not having to relocate their overhead. A five foot easement is anticipated to provide room for the underground lines. The start of road construction would have to be delayed until the easements are acquired. Trenching may not be possible in areas of walls and directional boring may be necessary. The cost to Collier County per mile is estimated to be $798,881. Agenda Item NO.1 OG October 24,2006 Page 2 of 4 Example 4 - Project less than 60% Design: Santa Barbara Boulevard Extension, Rattlesnake Hammock Road to Davis Boulevard. There is some overhead at the south end of the project that does not require relocation. The cost to convert includes the depreciated value of these facilities as well as underground lines. The cost of new underground has lower pricing in this instance because FPL treats it like new development. There is room within our proposed right of way without additional easements. The cost to Collier County per mile is estimated to be $275,250. Example 5 - Project in the Estates: Golden Gate Boulevard from Wilson Boulevard to Desoto Boulevard. The cost to convert includes a credit for savings for FPL not having to relocate their overhead. There is room for underground lines within the proposed right of way. The cost to Collier County per mile is estimated to be $591,429. Example 6 - Finished Project: Pine Ridge Road from Airport Road to 1-75. The cost to convert includes the depreciated value of the existing system and the cost to remove plus the cost of underground lines. A five foot utility easement is anticipated to provide room for the underground. This is a heavily developed area with signs and parking lots along the right of way. The majority of the underground would need to be installed by directional boring. The cost to Collier County per mile is estimated to be $1,098,963. FISCAL IMPACT: If the following projects were converted to underground lines the funding would come from Gas Tax and Impact Fees: Example 1 - Project Under Construction (Rattlesnake Hammock Road) Example 2 - Project in Design (Collier Blvd - US41 to Davis) Example 3 - Project at 100% Design (County Barn Road) Example 4 - Project less that 60% Design (Santa Barbara Extension) Example 5 - Project in the Estates (Golden Gate Boulevard) Example 6 - Finished Project (Pine Ridge Road, Airport-Pulling to 1-75) $1,738,500 $5,225,280 $1,597,763 $ 550,500 $3,312,000 $2,088,030 GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: No action by the Board of County Commissioners is requested. Prepared By: Tad Pluc, TECM Project Manager Attachments: 1) FPL Grid Hardening Cost Matrix ,'~"'U"'" Item Number: Item Summary: Meeting Date: Agenda Item No. 10G October 24, 2006 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10G Presentation to the Board of County Commissioners by the Collier County Transportation Engineering and Construction Management Department regarding U)e cost and requirements associated With converting FPL overhead electrical facilities to unaerground lines along county's roadways_ (Jay Ahmad, Director, Transportation/Engineering and Construction Management and Grover Whidden Flonda Power and Light) 1012412006900.00/1M Engineer Date Prep. red By Tad Pluc Tran&portation Services Transportation Engineering and ConstrLJction 10/5/200610:33:45 AM Usa Taylor Management/Budget Analyst Date Approved By Transportation Services TransportZltion Administration 10/5120062:39 PM Approved By Senior Project Manager Date Gary Putaansuu Tr;:msportation Services Transportation Engir1eering and Construction 10/6120065:06 PM Najeh Ahmad Director Date Approved By Tran!'.portation Services Transportation Engineering & Construction Management 10/9/2006 9:21 AM Accountmg Supervisor Date Approved By Sharon Newman Transportation Services Transportation Services Admin 10/13/2006 1 :29 PM Norm E. Feder. AICP Transportation Division Admmistrator Date Approved By TranspO(tation Services Transportation Services Admin 10/13/20064:50 PM Pat Lehnl1ard Executive Secretary Date App roved By Transportation Services Transportation ServIces Admin 10/16/2006 8:25 AM OMB Coordinator Administrative A!'.sistant Date Approved By County Manager's Office Office of Management & Budget 1011612006 B:41 AM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management &. Budget 10/16/200610:05 AM Michael Smykowski Management & Budget Director Date App roved By County Manager's Office Office of Management & Budget 10/16/20064:06 PM Approved By James V, Mudd Board of County Commissioners County Manager Date County Manager's Office 10/17/20069:31 AM (!)CD"<t 00...... .,-00 ,N"<t O-..i(]) ZN OJ E....ro (])(])(L .......n -0 ro~ -oU cO Q) OJ <( >< 0:: I- <( ~ t)>- 01- OZ (9=> zO _0 Zo:: Ww O.....J O::.....J <(0 IO o 0:: (9 .....J 0... 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It> ..,; ..... <fi 00 00 <0 00 lC'l M ..,; <fi o o o r:i lC'l M '" o Ui ~ o ...._ U co ro ..... ceO I- .... <R- Agenda Item No. 10H October 24, 2006 Page 1 of9 ,- EXECUTIVE SUMMARY Recommendation to the Board of County Commissioners to approve selection of KCCS, Inc. a Qualified Firm, and award a Contract under ITN 06-3947 "CEI Services for Collier County Road Projects," for Project No. 60001 "Collier Boulevard (CR-951) from US 41 to Main Golden Gate Canal" in the amount of $3,626,570.00 OBJECTIVE: To engage professional Construction, Engineering and Inspection (CEl) Services from a highly qualified firm for the six-Ianing of Collier Boulevard from US 41 to Main Golden Gate Canal in a cost effective and efficient manner. CONSIDERATIONS: An Invitation to Negotiate (ITN) was issued for the purpose of soliciting professional CEl services proposals for this project who were prequalified by the Invitation to Qualify #06-3947. The ITN was issued in accordance with Florida Statutes, Section 287.055, Consultant Competitive Negotiation Act, and was publicly advertised on July 6, 2006. Notices were advertised, and responses were received from firms by the due date of July 26, 2006. - A Selection Committee meeting was held on August 11, 2006. Following review, scoring and discussion of two proposals from the ITN, a consensus of the members of the Selection Committee selected and ranked the top two firms. The top two frrms selected are: 1. KCCS, Inc. 2. Parsons Brinckerhoff Construction Services, Inc. Staff has successfully completed negotiations with KCCS in the amount of $3,626,570 for these services. FISCAL IMPACT: Funding for this project will come from Transportation Suported Gas Tax Fund and Road Impact Fee Funds. Source of funds are qas Tax and Impact Fees. GROWTH MANAGEMENT IMPACT: This request is consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the selection of KCCS for award of this project contract and authorize the Chairman to sign the standard, County Attorney approved contract. Prepared By: Tad Pluc, Project Manager, TECM Department Attachments: 1) Project Schedule; 2) Fee Schedule - Item Number: Item Summary: Meeting Date: Agenda lIem No. 10H October 24, 2006 Page 2 of9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10H RecommendatIon to approve selection of KCCS, lnc, a Qualified Firm, and award a Contract under ITN #06-3947 "CEI Services for Collier County Road ProJects" for Project Na,60001 "Collier Boulevard (CR-951) from US 41 to Main Golden Gate Canal" in the amount of S3,626,570,00, (Norman Feder, Administrator, Transportation Services and Jay Ahmad, Director, Transportation/Engineering and Construction Management) 10/24/20069,00:00 AM Engineer Date Prepared By Tad Pluc Transportation Services Transportation Engineering and Construction 10/6120062:44:33 PM Rhonda Rembert Contract Specialist Date Approved By Administrative Services Purchasing 10/9/2006 8:16 AM Approved By Gary Putaansuu Transportation Services Date Senior Project Manager Transportation Engineering and Construction 10/9/2006 8:48 AM Najeh Ahmad Director Date Approved By Transportation SelVices Transportation Engineering & Construction Management 1 0/9/2006 9: 23 AM Steve Carnell Purchasing/General Svcs Director Date Approved By Administrati....e Services Purchasing 10/10/200611 :06 AM Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Date Transportation Services Admin. 10/10/200611:25 AM Managementf8udget Analyst Date Approved By Lisa Taylor Transportation Services Transportation Adminis.tration 10/10/20063:58 PM Sharon Newman Accounting Supervisor Date Approved By Tr.msportation Services Transportation Services Admin 10/11/20063:28 PM Pat Lehnhard Executive Secretary Date Approved By Transportation Services Transportation Services Admin 10112/200612:52 PM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 10/12/2006 2:48 PM Susan Usher Senior Management/Budget Analyst Date Approved By County Manager's Office OWee of Management & Budget 10113/20066:24 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 10/16/20069:20 AM James V. Mudd County Manager Dale Approved By Board of County Commissioners County Manager's Office 10/17120069:45 AM Agenda Item No. 10H October 24, 2006 Page 3 of 9 SCHEDULE B BASIS OF COMPENSATION DIRECT LABOR COSTS PLUS REIMBURSABLE EXPENSES 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then-authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B 1.1.1 All monthly status reports and invoices shall be mailed to the attention of: James Zuver, Engineering Inspector/Project Manager Transportation Engineering and Construction Management Department 2885 South Horseshoe Drive Naples, Florida 34104 (239) 774-8192, (239) 659-5771 fax ja meszuver@colliergov.net 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. ITEM TASK NOT TO EXCEED AMOUNT: 1. Management Engineering Services $ 1,395,232. 2. Inspector Services $ 1 962 71 0 3. Testinq Services $ 27.740 4. Survey Services $ 125,888 5. Field Office Expenses $ 115.000 TOTAL FEE (Total Items 1-5) $ 3,626,570 B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment B to this Schedule B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by Error! Unknown document property name. PSA 1-1 Agenda Item NO.1 OH October 24,2006 Page 4 of 9 OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. The negotiated fee shall be based upon the rates specified in Attachment B to this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum Error! Unknown document property name. PSA 2-1 Agenda Item No. 10H October 24,2006 Page 5 of 9 determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.5 Unless specific rates have been established in Attachment B, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSUL T ANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.5.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.5.1.3. Permit Fees required by the Project. B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.5.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. B.3.5.2 Should a conflict exist between the dollar amounts set forth in Section 112.061, F,S., and the Agreement, the terms of the Agreement shall prevail. Error! Unknown document property name. PSA 3-1 Agenda Item NO.1 OH October 24 I 2006 Page 6 of 9 SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES Task 1. Manaaement Enaineerina Services: Not to exceed ~1.395.232 . Construction coordination . Complete record keeping of all activities and events . Document all significant changes to the project . Contract, plan, and specification interpretation . Dispute resolution solutions (contractor and the public) . Maintain required level of surveillance of contractors activities . Prepare and document monthly pay requests Task 2. Inspector Services: Not to exceed ~1.962.710 . Maintenance of Traffic . Erosion, sedimentation and pollution control . Embankment, base, and pavement structure . Drainage structures installation plan conformance . Signalization and lighting installation plan conformance . Signing and pavement marking plan conformance . Maintain required level of density reports on all applicable materials . Utility inspection personnel provided per C.C.P.U.E requirements Task 3. Testina Services: Not to exceed . Material testing - earthwork and concrete samples Task 4. Survey Services: Not to exceed $ 27.740 $125.888 . Bench mark verification Error! Unknown document property name. PSA 4-1 Agenda Item NO.1 OH October 24,2006 Page 7 of 9 . Cross-section verification . Spot check contractor lay-out as needed . Reference and reset certified corner records . Task 5. Field Office Expenses: Not to exceed ~115,000 . Rent . Phone/Fax/DSL Line . Electric . Cleaning service . Copier (Rental and Maintenance) . NexTel Service (Office) Total for Tasks 1 through 5 $3,626,570 - -Due to the nature of a large construction project, while the total dollar amount might remain the same, there may be some fluctuation in the task categories calculations. Error! Unknown document property name. PSA 5-1 Agenda Item No, 10H October 24,2006 Page 8 of 9 SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Consultant's Emplovee Hourlv Rate Schedule Title Senior Project Engineer Quality Assurance/Professional Support Contract Support Specialist Senior Roadway Inspector Roadway Inspector Roadway/Utility Inspector Asphalt Plant Inspector (Ardaman & Associates) Inspector Aide Secretary/Clerical Project Manager - Survey (McKim & Creed) Registered Land Surveyor (McKim & Creed) Survey-Technician (McKim & Creed) 4-Person Survey Crew (McKim & Creed) END OF SCHEDULE B. Error! Unknown document property name. PSA Hourly Rate $124.00/hr $124.00/hr $ 80.00/hr $ 90,OO/hr $ 72.00/hr $ 72.00/hr $ 74.00/hr $ 50.00/hr $ 48.00/hr $ 138.52/hr $ 113.91/hr $ 80.08/hr $1,335.00/day 6-1 Agenda Item NO.1 OH October 24, 2006 Page 9 of 9 SCHEDULE C PROJECT SCHEDULE Task 1. Manaaement Enaineerina Services: Not to exceed 1.004 Days* · Complete record keeping of all activities and events · Document all significant changes to the project · Contract, plan, and specification interpretation · Dispute resolution solutions (contractor and the public) · Maintain required level of surveillance of contractors activities · Prepare and document monthly pay requests Task 2. Inspector Services: Not to exceed · Maintenance of Traffic 1 ,004 Days · Erosion, sedimentation and pollution control · Embankment, base, and pavement structure · Drainage structures installation plan conformance · Signalization and lighting installation plan conformance · Signing and pavement marking plan conformance · Maintain required level of density reports on all applicable materials · Utility inspection personnel provided per C.C.P,U.E requirements Task 3. Testina Services: Not to exceed · Material testing - earthwork and concrete samples Task 4. Survey Services: Not to exceed · Bench mark verification As Needed As Needed · Cross-section verification · Spot check contractor lay-out as needed · Reference and reset certified corner records Agenda Item No, 101 October 24, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to award Bid Number 06-4016 for the purchase of Carbon Dioxide and Sodium Hypochlorite for use by the Water and Wastewater Departments in the estimated annual amount of $1,000,000. OBJECTIVE: To obtain Board of County Commissioners approval for the award of Bid Number 06-4016, Carbon Dioxide and Sodium Hypochlorite, to Allied Universal as the primary vendor and Harcross Chemical as the secondary vendor for Sodium Hypochlorite and to Astor Chemical for Carbon Dioxide. CONSIDERATIONS: Bid Number 06-4016 for Carbon Dioxide and Sodium Hypochlorite was processed by the Purchasing Department. Thirty-nine notices were distributed to potential suppliers; four bidders submitted prices as requested. The Water and Wastewater Departments use these chemicals to treat water and wastewater in order to meet all State and Federal requirements. ,- FISCAL IMP ACT: The actual amount to be expended will depend on consumer demands on the potable water and wastewater systems, but the cost is estimated to be $1,000,000 annually. The cost centers that will be utilizing this bid include the North County Regional Water Treatment Plant, the South County Regional Water Treatment Plant, the North County Water Reclamation Facility, and the South County Water Reclamation Facility. Funds are available in the County WaterlSewer Fund (408), which is funded through user fees. GROWTH MANAGEMENT IMP ACT: There is no growth management impact to the award ofthis bid. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio Governing Board of the Collier County Water-Sewer District, award Bid 06-4016 Carbon Dioxide and Sodium Hypochlorite to Allied Universal as the primary vendor and Harcross Chemical as the secondary vendor for Sodium Hypochlorite and to Astor Chemical for Carbon Dioxide. PREPARED BY: Pamela Libby - Water Operations Manager - lIem Number: Item Summary: Meeting Date: Agenda Item No. 101 October 24, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 101 RecommendatIOn to award Bid Number 06 -4016 for the purchase of Carbon DIoXide and Sodium Hypochlorite for use by the Water and Wastewater Departments in the estimated annual amount of $1.000.000 (Jim DeLony, Administrator, Public Utllilies) 10124/2006900:00 AM Water Operations Manager Date Prepared By Pamela Libby Public Utilities Water 9/26/2006 3:00:37 PM Purchasing Agent Dale Approved By Jack P. Curran Administrative Services Purchasing 912612006 3: 11 PM Water Operations Manager Date Approved By Pamela Libby Public Utilities Water 9/26/2006 3:47 PM Acquisition Manager Date Approved By Mik'B Hauer Administrative Services Purchasing 912812006 8:22 AM Approved By Water Director Date Paul Matt3usch Public Utilities Water 9128/2006 1: 53 PM WasteWater Director Date Approved By G, George Yilmaz Public Utilities WasteWater 9/2912006 11 :20 AM Operations Director Date App roved By Thomas Wides Public Utilities Public Utilities Operations 10/4120064:10 PM Purchasing/General Svcs Director Date Approved By Steve Carnell Administrative Services Purchasing 10171200611:10 AM James W. DeLony Public Utilities Administrator Date Approved By Public Utilities Public Utilities Administration 10110/20062:47 PM Administrative Assistant Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 10/11/20062:41 PM Randy Greenwald ManagemenUBudget Analyst Date Approved By County Manager's Office Office of Management & Budget 10/1112006 4:33 PM Management & Budget Director Date Approved By Michael Smykowski County Manager's Office Office of Management & Budget 10/13/200611:34 AM County Manager Date Approved By James V. Mudd Board of County Commissfoners County Manager's Office 10/13120063:50 PM o co Ell C') -q- .-g~ .. -0 'N" OJ OJ o 1::..l<::> 2 -.:i CI) 0.. 'Qi ENr:g (.) (]) '- III OJ ......(1) 0::: ~ .g,~ g> (/) ""Ot5o:';::;~ 1502 ~ III OJ -:::l '0 <c 00-..... ..... OJ ~~~ E a; E :::l .0 :::l 2EZ :::l 2 L: OJ g>~ C:.o ro:.:J :;E t) E OJ ro '0' 0.. ..... 0.. -c: ,Q "5 o CI) $ 'i:: ..Q ..c: (.) o 0.. >. 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OJ 0.. c o -o~ (/) ~ E E-oS (]) ~ c 1-:::...... _ 0 (.) c c ro OJ..l<::c E (.) 0 >.<CU ro E - 0.. :::l ro li-ga E Q) ." e::g::g o..<c<c c ro .... .... :::l C U .Q c -g E ...., a; 1:!> Q) OJ OJ(,) <( c OJro c...., '00 en ro (/) ...c Q) ~:2 tts Agenda Item No. 10J October 24, 2006 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve a request to operate Sun-N-Fun Lagoon from November 1, 2006 to January 31, 2007 on selected dates and revise the schedule for February 3,2007 through May 28,2007. OBJECTIVE: To provide recreational opportunities for the citizens of Collier County. CONSIDERATIONS: The Sun-N-Fun Lagoont a water park associated with North Collier Regional Park opened June 21, 2006. Since openingt the park has had over 100tOOO paid admissions exceeding revenue projections. Attendance after Labor Day has remained robust during the weekends, but minimal admissions during the weekday. Recruitment of lifeguards at the park has been a challenge after the summer and staff recommends that in FY07 and FY08 the park operate on a limited basis, primarily on weekends, after Labor Day. As efforts to recruit lifeguards have not allowed for continued operations, supplemental staff for the water park has required Parks and Recreation management and supervisory personnel to acquire their certification and provide the needed life safety staffing required. ,- Cwrendy the Fee Policy associated with the Parks and Recreation Department has included a provision for an annual pass and hopefully this will be available for citizens in the near future. The Board of County Commissioners has directed staff to make this annual pass available only to the citizens of Collier County. The water park. has been in operation since June 21, 2006 and the contractor is still completing final punch list items. Lighting and full concession operations will be available by the end of October. The initial planned closing of the water park was scheduled from November 1,2006 to January 31t 2007. Howevert weekend attendance at the park is still strong and staff recommends that the closing schedule be modified so that the park. remains open on weekends and other select dates during this time period. (please see attachment for recommended schedule). Based on the attendance averages on the weekdays after Labor Day, staff also recommends an alternative to the planned operationing schedule for the February 3, 2007 through May 28t 2007 time period. (Please see attachment for recommended schedule). FISCAL IMPACT: The fixed costs associated with maintaining the water park (based on the initially planned operating schedule) are already budgeted. The following projections focus on incremental costs of operations for various time periods. .-.. Opening the park on a limited basis (as recommended above) from November 1,2006 to January 31, 2007 will require $179,764 in incremental costs. This would be offset by $168,096 in projected revenue, resulting in a net incremental operating cost of $11 ,668. Agenda Item No. 10J October 24,2006 Page 2 of 12 The incremental cost of the modified operating schedule during the February 3, 2007 through May 28, 2007 time frame (as recommended by staff) is estimated at $214,506; this is offset by projected revenue of $399,336. This results in incremental net revenue of $184,830. GROWTH MANAGEMENT IMP ACT: The North Collier Regional Park is inventoried in the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the recommendation to operate the water park according to the schedule outlined in the attachment. Prepared by: Barry Williams, Parks and Recreation Director .,..."....., ,-' Agenda Item No. 10J October 24, 2006 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 10J Meeting Date: Recommendation to approve a request to operate Sun-N.Fun Lagoon from November 1 2006 to January 31. 2007 on select dates and revise the schedule for February 3, 2007 tllrDugh May 28. 2007 (Marla Ramsey, Administrator. PlJblic Services) 10/24/2006 9:0000 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/18/20068:19 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/18/20069:29 AM Agenda Item No. 10J October 24,2006 Page 4 of 12 Memorandum To: Jim Mudd, County Manager Leo Ochs, Deputy County Manager From: Marla Ramsey, Public Services Administrator Barry Williams. Parks and Recreation Director Ray Carter, Manager-Park Operations Date: October 13, 2006 Subject: Sun-N-Fun Lagoon Please consider the following as an update on the Sun-N-Fun Lagoon, an analysis on opening the water park during the time period of November 1,2006 through January 31, 2007, and an analysis on revenue and expense projections for operating the water park from February 3, 2007 to May 28, 2007. POOLS Pool Lazy River Slide Pool Stlltus Miscellaneous All features working appropriately Problems witb cbemkallevels being maiatained All features working appropriately All features workiag appropriately One water cannon not working awaiting parts, Swizzle Stick featare not workin aWllitin re air All features working appropriately One animal feature not working, removed from I Heated Heated IRteradive Water Feature Family Pool Turtle Cove Not heated Heated Heated LapIDive Pool Tadpole Pool Heated Not heated RECRUITMENT Lifeguard recntitment has proven to be a challenge since Labor Day. Staffhas worked with Jenny Morris, Human Resource Generalist on a variety of strategies. These have included targeting local universities for potential job seekers, securing international student workers, recruitment of other organizations within Collier County that might have certified lifeguards, obtaining certification for a variety of management and supervisol)' staff (cross training) and reassigning them in lifeguard roles. Staff continues to use local radio, television, and print advertisement to identify our needs for additional lifeguards. Exceeding Expectations 1 Agenda Item No. 10J October 24, 2006 Page 5 of 12 While we have gained some success in recruiting additional lifeguards, this will become a year round pursuit in order to build a pool of qualified staff. We have also worked with Human Resources to develop an incentive for other individuals who hold job titles within Parks and Recreation to include as part of their career progression., credit for becoming certified and serving as lifeguards as needed. We have started to gather some comparative data of lifeguard pay, however, not sufficient to provide specific recommendations at this time. Finally a proposal to provide additional incentive or sign on bonus has been proposed to Human Resources and is under consideration. ATTENDANCE To date we have bad over 102,000 paid admissions. Attendance has maintained a steady pace; however, we have seen a decrease in attendance in weekday attendance since Labor Day. This has been the result of students returning to school. Weekend attendance continues to be robust and both are reflected in the chart below. Average Daily Attendance September 2006 (Excluding Labor Day) "0 .! e:.2 o . ... . .!i e"O :s.c( Z 1200 1000 800 600 400 200 o Monday Tues Wed Thurs Days Fri sat Sun Weekend attendance has remained relatively strong and should be considered for year round programming. Programming through the week has resulted in fewer admissions and should be considered for next year's schedule. ANNUAL PASS Another request from the public has been establishing annual passes at Sun-N-Fun. The FY 07 Fee Policy is still under consideration with the Board of County Commissioners; however, they recommend that annual passes for the water park would only be made available for Collier County residents. A recommended annual pass can be found in the table below: AlelTypc UDder 48" Over .t8" Senior Faaily Pass Amount $80.00 (includes SIIO.OO (includes $80.00 (includes $190.00 taxes) taxes) taxes) (includes taxes) FINAL TOUCHES Efforts are underway to install a 4th slide at the Sun-N-Fun Lagoon. This will require an undetermined period where the water park will need to be closed in order to facilitate this installation. At the time of this report there is not a scheduled time for delivery; however, planning efforts are underway for this instalIationto occur during the months of December '06, January '07 and February '01. Four unfinished areas include the concession, the Red light/Green light system, lighting for night use, and lockers. With the exception of the lockers all are scheduled to be completed by the end of October. Exceedlng Expectlltwns 2 ANALYSES OF OPENING NOVEMBER 1. 1006 THROUGH JANUARY 31. 2007 Agenda Item No. 10J October 24,2006 Page 6 of 12 Below is a recommendation for continued programming through January 31, 2007. November '00 Sunday I Monday I Tuesday I Wednesday I Thursday I Friday I Saturday I I I I 1 I 2 I 3 I 4 (OPEN 10-5) 5 (OPEN '''5) I 6 I 7 j 8 I 9 I 10 I 11(OPEN 10-5) 12(OPEN 10-5) 13 j 14 I 15 I 16 I 17 I 18(OPEN 10-5) 19(OPEN 10-5) 20 I 21 122 /23 /24 I 25(OPEN 10-5) 26(OPEN 10-5) ~~~~~~ December '00 Sunday I Monday 1 Tuesday I Wednesday I Thursday I Friday I Saturday I ~~~~~~~ 3 (OPEN 10-5) ~~~~~-=:J 10(OPEN 10-5) ~~~~~ 16(OPEN 10-5) 17(OPEN 10-5) ~~~~~ 23(OPEN 10-5) 24 Christmas 25 Christmas 26(OPEN 10-5) 27 (OPEN 10- 28(OPEN 10-5) 29(OPEN 10-5) 30(OPEN 10-5) Eve Closed School Out 5) School Out School Out School Out Closed School Out Janu '7 Sunday 3 1 New Year's Eve (OPEN 10-5) Monday INew Year's Day Closed Tuesday 2 (OPEN 10-5) School Out Wednesday 3 (OPEN 10-5) School Out Thursday 4 (OPEN 10-5) School Out Friday 5 (OPEN 10-5) School Out Saturday 6 (OPEN 10-5) F.xeeedilfg Expectstions 3 Agenda Item No.1 OJ October 24 2006 12 , I I I I I I t-'age fori 7 (OPEN 10-5) ~~~~~ 13(OPEN 10-5) 14(OPEN 10-5) ~~~~~ 20(OPEN 10-5) 21(OPEN 10-5) ~~~~~ 27(~1O.Sl 28 ~~~~~~ (OPEN 10-5) COST AND REVENUE PROJECTIONS The following chart shows additional operational costs associated with opening Sun-N-Foo for weekends November thru January. These costs do not include costs we would incur if we were closed, Le., chemicals, etc. Lagoon weekends only from November thru January, and the week after Christmas. This is a total of32 days. rational Costs for November 1 2 ADDITIONAL BUDGET OPERATIONAL ASSUMPTIONS COSTS Lifeguards Pool Heaters 32 days x 15 per day x $10.13 hour x (1.1 10010 PT benefits) X 7.5 bours er da There are 22 beaters associated with the park.. Golden Gate Aquatics Facility bas 6 beaters which cost an additional $5,500 per month (blanketed). Estimates are based on 22 heatersl6 x $11,000 = $40,330 x 3 months = $121,000 (00- blanketed) 1 2007 TOTAL $40,114 $121,000 Ifwe blanket 2 pools or roughly 18% of the surface area we would expect a similar savings of 18% for these beating costs for 2 months. Reducing this figure by $14,520. 32 days x 6 Park and $18,856 Rec Assts x $11.16 per hour x (l.l 10010 PT benefits) x 8 hours per da Food Concession ExJ:eeding Expectations 4 ADDITIONAL BUDGET TOTAL OPERATIONAL ASSUMPTIONS COSTS Food Costs Bu~eted $9,600 Cashiers 32 days x 1.5 Park $4,714. and Rec Assts x $11.16 per hour x (1.1 100/0 PT benefits) x 8 hours per day Total 5179,764 Agenda Item No. 10J October 24, 2006 Page 8 of 12 September weekend average has been just over 1,000 paid entrants per day, of these 90% are over 48" ($9.43) and 10% are under 48" ($5.19). Staff projects that the attendance will be 50% of the September weekend average when factoring in the frequent cold fronts during this timeframe. See averages on chart below: Climate (in Fahrenheit degrees) IIJan IFeb IMarlAprlMay!June I July IA ug ISeptlOctlNovlDec !Highl 77 f76rB2186 188190191f92l91ls7 /83178 ~rs3f52WI61I66I7Of72f72l72rooraof55 I Rainfall (in inches) 1~f2J)~I-1Y~tnraorasl92l-UJf1211A I 1166 166 171177 1821 86 WW186I81I73f6B Gulf Water Temperature (in Fahrenheit degrees) Revenue ProiectiODS for November 1 2006 tbroa.h Januarv 31 2007 ITEM BUDGET ASSUMPTIONS TOTAL Over 48" 500 entrants per day x 90% x $9.43 S135,792 x 32 daYS Under 48" 500 entrants per day x 100/0 x $5.19 $8,304 x 32 days Concession revenue 500 entrants per day x 32 days x $24,000 $1.50 Del' day Sub-Total $168,096 Less Operational Costs ($179,764) Net Loss/Gain ($11,668) Average Monthly Costs. ($336,060)* Net Loss/Gain ($347,728) *The average monthly cost to operate the pool including regular FTIPT FrE's, operational costs and excluding seasonal associates which are included in projections above averages S112,020 per month (per budget FT IPT lifeguards and cashiers are reassigned during November-January) exceeding Expectlltlons 5 Agenda Item No, 10J October 24,2006 Page 9 of 12 Staff has researched costs associated with acquiring a blanketing system for pools during these months: Slide Pool Luy River Tadpole Pool Total .....,~i,:'_...-. 53000 N/A N/A 53 000 N/A PiOl' PooI/La Family Unable to blankd due to N/ A N1A $11,000 N/A N/A T.rtIe Cove $23,000 53 000 529,000 Blanketing the Lazy River is not included in this discussio~ but is currently being researched for options. This initial expense to blanket the pools would result in an estimated 18% reduction in heating/electrical costs per month. Blankets would pay for themselves within the first year. The following outlines Sun-N-Fun operating and revenue projections for scheduled opening for February 3, 2007 through May 28, 2007: Februarv'07 Sunday I Monday I Tuesday I Wednesday I Thursday I Friday I Saturday I ~~~~~~ 3(oPENl~S) 4(oPENl~S) ~~~~~ l~OPENl~S) lI(OPENl~) ~~~~~ 17(OPENl~S) 18(OPENl~S) ~~~~~ 2~OPENl~S) 2~OPENl~S) ~~~~~~ These dates are found in the budget assumptions associated with the operational costs and revenue projections for February 1,2006 through May 28, 2007 below. Exceeding Expectations 6 March '07 Agenda Item No. 10J October 24, 2006 Page 10 of 12 Sunday I Monday I Tuesday I Wednesday I Thunday I Friday I Saturday I I I I 1 I 1 I 2 I 3 (OPEN 10-5) 4 (OPEN 10-5) ~~ 7 I 8 I 9 110(0PEN 10-') 11(OPEN 10-5) 12 I 13 I 14 I 15(OPEN 10-5) 16(OPEN 10-5) 17(OPEN 10-5) No School No School 18(OPEN 10-5) 19 120 I 21 I 22(OPEN 10-5) 23(OPEN ]0-5) 24(OPEN 10-5) 25(OPEN 10-5) ~~~ 2~OPENI~') 30(OPEN 10-5) 3 1 (OPEN ]0-5) Anril '07 Sunday I Monday I Tuesday I Wednesday I Thunday I Friday I Saturday I ~ 2(OPEN 10-5) 3(OPEN 10-5) 4(OPEN 10-5) 5(OPEN ]0-5) 6(OPEN 10-5) 7 (OPEN 10-5) CCPS Spring CCPS Spring CCPS Spring CCPS Spring CCPS Spring Break Break Break Break Break 8 (OPEN 10-5) 9(OPEN I~S) I lO(OPEN 10-5) ] I(OPEN 10-5) 12(OPEN 10-5) 13(OPEN 10-5) 14(OPEN 10-5) i 15(OPEN 10-5) ~~~ 19(OPEN 10-5) 20(OPEN 10-5) 21(OPEN 10-5) No School No School 22(OPEN 10-5) ~~~ 26(OPEN 10-5) 27(OPEN 10-5) 28(OPEN 10-5) 29(OPEN 10-5) 30(OPEN 10-5) ~~ I~~ Ma '07 Sunday Monday Tuesday Wednesday Thunday Friday Saturday Exceeding expectations 7 , l(OPEN 10-5) ~~~=:J 4(OPEN 10-5) 5 ( i!IllMJ r 6 (OPEN 10-5) ~~~ IO(OPEN 10-5) ll(OPEN 10-5) 12(OPEN 10-5) I 3 (OPEN 10-5) ~~~ 17(OPEN 10-5) 18(OPEN 10-5) 19(OPEN 10.5) No School No School 20(OPEN 10-5) ~~~ 24(OPEN 10-5) 25(OPEN 10-5) 26(OPEN 10-5) 27(OPEN 10-5) 28(OPEN 10-5) 29(OPEN 10-5) 30(OPEN 10~5) 31(~1~" ~~ Memorial Day Agenda Item NO.1 OJ October 24 2006 12 It is anticipated that operational costs associated with heating the pools will decrease as the temperatures rise. In addition, paid admissions will increase as the temperature rises and that is reflected in the total operational costs and revenue projections below. o tioDal Costs for Feb a 3 2007 t ro OPERATIONAL BUDGET COSTS ASSUMYfIONS Lifeguards 63 days x 15 per day x $10.13 hourx (1.1 100.10 PT benefits) x 7.5 hours da There are 22 heaters associated with the park. Golden Gate Aquatics Facility has 6 heaters which cost an additional $5.500 per month (blanketed). Estimates are to double this figure to $11,000 per month! per 6 heaters (un-blanketed). 22 beatersl6 x $11.000 = $40,333 x 2 months = $80,666 7 $78.976 Pool Heaters (see gulf water temp above, heaters turned off march 31") $80.666 If we blanket 2 pools or roughly 18% of the surface area we would expect a similar savings of 18% for these heating costs. Reducing this figure by $14,520. exceeding Expectlltions 8 Agenda Item No, 10J October 24,2006 Page 12 of 12 OPERATIONAL BUDGET TOTAL COSTS ASSUMPTIONS Food Concession 63 days x 6 Park and $37,123 Rec Assts x. $11.16 per hour (1.1 10% PT benefits) x 8 bours per day Food Costs Budgeted Amount $22,980 Cashiers 63 days x 1.5 Park and $9,281 Rec Assts x $1 1.16 per hour x (1.1 10010 PT benefits) x 8 hours per day Total $214,506 Revenue Pro' ections for Februa ITEM Over 48" Over 48" Over 48" Under 48" Under 48" Under 48" Concession revenue Concession revenue Concession revenue Sub-total Less Operational Costs Gross LossIGain Average Monthly Costs* Net Loss/Gain Other recommendations include: TOTAL $50,992 $173,135 $100,995 $3,114 $10,588 $6,176 $9,000 $30,600 $17,850 · Plan FY 08 budget with operations to go to weekends only after Labor Day 2007 though March IS, 2008 · Recommend adopting changes listed above for FY 07 · Finalize career progression and sign on incentives to maintain required number of lifeguards · Do formal comparative pay analysis for lifeguards and recommend additional compensation for these positions [fyou have further questions, please do not hesitate to contact either Marla or Barry. Exceeding Expectations 9 Agenda Item No. 12A October 24,2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners instructs staff to present a proposed Ordinance for the Board's consideration at a future date which would amend Ordinance No. 97-35, as amended, the "Collier County Code Enforcement Citation Ordinance," as codified in Chapter Two, Article IX of the Collier County Code of Laws and Ordinances, in order to establish an affirmative defense to certain alleged code violations. OBJECTIVE: That the Board of County Commissioners instruct staff to present a proposed Ordinance for the Board's consideration at a future date which would amend Ordinance No. 97-35, as amended, the "Collier County Code Enforcement Citation Ordinance," as codified in Chapter Two, Article IX of the Collier County Code of Laws and Ordinances, in order to establish an affirmative defense to certain alleged code violations. The proposed Ordinance is attached. CONSIDERATIONS: Pursuant to Chapter 162, Part II, Florida Statutes, the Board of County Commissioners enacted Ordinance No. 97-35, "The Collier County Code Enforcement Citation Ordinance," which established a supplemental County code or ordinance enforcement procedure. The proposed amendment is intended to provide property owners with defenses to _ certain alleged code violations without interfering with the Citation Ordinance's purpose which is to promote, protect and improve the health, safety and welfare of the citizens of Collier County, and was written in keeping with the spirit of Sarasota County v. National City Bank of Cleveland, Ohio, 902 So. 2d 233 (Fla. 2nd DCA 2005), in which the Court reasoned as follows: "We do not expect a county to bring an enforcement proceeding against a property owner concerning a defective staircase that the owner had properly repaired years ago. Instead, the county might be expected to bring an enforcement action for a defective staircase that currently was defective and had been defective for many years. From a health and safety standpoint, local governments normally bring enforcement proceedings to cause landowners to correct existing conditions before they result in hann." The proposed Ordinance would create the following affirmative defense to a code enforcement action: "It shall be a complete defense to any code enforcement action founded upon an alleged failure to obtain a permit required by the Collier County Code of Laws and Ordinances, if said permit was required to be obtained prior to April 1, 1997, and the person charged with the infraction demonstrates by a preponderance of the evidence that the work which was alleged to have been completed without a pennit being duly issued meets all codes and requirements in effect at the time the permit was required." ,-... Agenda Item No. 12A October 24,2006 Page 2 of 5 This proposed Ordinance was vetted before the Code Enforcement Board during a recent workshop. The Code Enforcement Board recommended this proposed affirmative defense, while disapproving the following proposed changes presented them: "It shall be a complete defense to an alleged first offense violation of any provision set forth in the Collier County Code of Laws and Ordinances not involving building and safety code issues, or any matter involving public health and safety, where the person charged with the infraction demonstrates by a preponderance of the evidence that: (1) the County had actual knowledge of the alleged infraction, and failed to take any action with respect to the alleged infraction for a period of at least five years from the date of acquiring actual knowledge, or (2) the violation was cured within five business days from the date the notice of violation or citation was issued." The proposed Ordinance was drafted on the legal predicates that (1) it is problematic to impose a strict limitations period on continuing violations; (2) the County does not appear to have the legal ability to enact a strict limitations period on any matter covered by the Florida Building Code; (3) any violation involving public health and safety cannot be waived; and (4) a limitations period concerning violations of the Land Development Code would need an LDC amendment, as the LDC has separate and distinct provisions requiring its enforcement. The proposed Ordinance was also written in response to a number of complaints over the years that building permit records may not be accurate prior to the date the County converted to its current records management system. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Ordinance was drafted by the Office of the County Attorney and approved for legal sufficiency. STAFF RECOMMENDATION: That the Board of County Commissioners instructs staff to present a proposed Ordinance for the Board's consideration at a future date which would amend Ordinance No. 97-35, as amended, the "Collier County Code Enforcement Citation Ordinance," as codified in Chapter Two, Article IX of the Collier County Code of Laws and Ordinances, in order to establish an affirmative defense to certain alleged code violations. PREPARED BY: Jeffrey A. Klatzkow, Managing Assistant County Attorney ,- Agenda Item No. 12A October 24, 2006 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 12A Recommendation that the Board af County Commissioners instruct staff to present a proposed Ordinance for the Boards consideration at a future date which would amend Ordinance No. 97 -35, as amended, the Coliier County Code Enforcement Citation Ordmance. as codified in Chapter Two, Artlcie IX 01 the Coliler County Code of Laws and Ordinances, in order to estabHsh an affirmative defense to certain alleged code violations. Meeting Date: 10124120069:0000 AM Prepared By Jell Klatzkow Assistant County Attomey Date County Attorney County Attorney Office 10112/20061:21:38 PM Approved By David C. Weigel County Attorney Dale County Attorney County Attorney Office 10112/20063:07 PM Approved By OMS Coordinator Administrative Assistant Dale County Manager's Office Office of Management & Budget 10/12/20063:18 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/13/2006 6:33 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/13/200610:18 AM Agenda Item No. 12A October 24,2006 Page 4 of 5 ORDINANCE NO. 2006- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 97-35, AS AMENDED, KNOWN AS "THE COLLIER COUNTY CODE ENFORCEMENT CITATION ORDINANCE," IN ORDER TO ESTABLISH AN AFFIRMATIVE DEFENSE TO CERTAIN ALLEGED CODE VIOLATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article VIII of the Constitution of Florida authorizes Florida counties to exercise broad home rule powers; and WHEREAS, Section 125.01 (1), Florida Statutes, provides that the legislative and governing body of a County shall have the power to carry on County government and that said power includes, but is not restricted to, a number of powers set forth in Section 125,01, so long as any powers exercised are not inconsistent with general or special laws; and WHEREAS, Section 125,Ol(1)(t), Florida Statutes, provides that a county may adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, Sections 125.01(3)(a) and (b), Florida Statutes, recognize that the enumeration of powers in Section 125,01(1), Florida Statutes, incorporates all implied powers necessary or incident to carry out those powers and that Section 125,01, Florida Statutes, shall be liberally construed in order to effectively carry out the purpose of the section and to secure for counties the broad exercise of home rule powers authorized by the State Constitution; and WHEREAS, pursuant to Chapter 162, Florida Statutes, 'The Local Government Code Enforcement Boards Act," the Board of County Commissioners of Collier County (Board) duly enacted Collier County Ordinance No, 92-80, as amended, "The Collier County Code Enforcement Boards Ordinance;" and WHEREAS, by the authority vested by Chapter 125, Florida Statutes, and pursuant to Chapter 162, Part II, Florida Statutes, the Board enacted Ordinance No, 97-35, as amended, the "Collier County Code Enforcement Citation Ordinance," codified in Chapter 2, Article IX, of the Collier County Code of Laws and Ordinances, which established a supplemental county code or ordinances enforcement procedure with respect to certain codes and ordinances; and WHEREAS, the Board, recognizing that the primary mission of code enforcement is to promote voluntary compliance with the Collier County Code of Laws and Ordinances and the Land Development Code, desires to establish affirmative defenses to certain alleged code violations; and WHEREAS, establishment of the defenses specified herein shall not interfere with the intent and purpose of Ordinance No. 97-35, which are to promote, protect and improve the health, safety and welfare of the citizens of Collier County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Ordinance 97-35, as amended, is further amended by adding a section entitled "Affirmative Defenses to Alleged Code Violations," to be codified as Section 2-2012 in the Collier County Code of Laws and Ordinances. ~ text is added; ~tFUe]' tftr8~gh text is deleted Agenda Item No, 12A October 24,2006 Page 5 of 5 Sec. 2-2012. Affirmative defenses to alleged code violations. It shall be a complete defense to any code enforcement action founded upon an alleged failure to obtain a permit required by the Collier County Code of Laws and Ordinances. if said permit was required to be obtained prior to April 1. 1997. and the person charged with the infraction demonstrates by a preponderance of the evidence that the work which was alleged to have been completed without a permit being duly issued meets all codes and requirements in effect at the time the permit was required. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply, If any 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 THREE. INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions ofthis Ordinance shall be made a part ofthe Code of Laws and Ordinances of Collier County, Florida, The sections of the Ordinance may be renumbered or re-lettered and internal cross-references amended throughout to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _ day of , 2006, ATTEST Dwight E, Brock, Clerk BOARD OF COlJNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: FRANK HALAS, Chairman , Deputy Clerk Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Managing Assistant County Attorney {;nderlined text is added; StFHeh tkre'Hgh text is deleted Page2of2 Agenda Item No. 128 October 24, 2006 Page 1 of 6 - EXECUTrvESU~ARY Recommendation that the Board of County Commissioners review and approve the FY 2006-2007 Action Plan for David C. Weigel, County Attorney. OBJECTIVE: Recommendation that the Board of County Commissioners review and approve the FY 2006-2007 Action Plan for David C. Weigel, County Attorney. CONSIDERATIONS: The County Attorney reports directly to the Board of County Commissioners. In order to assure that the County Attorney Office work performance is coordinated with the direction of the full Board, an annual Action Plan is developed by which the County Attorney will be evaluated throughout the fiscal year. The County Attorney's present contract requires that this Action Plan be developed in good faith between the Board of County Commissioners and Employee each fiscal year during the term of the Agreement. FISCAL IMPACT: There is no fiscal impact associated with approval of this Action Plan. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated - with this item. RECOMMENDA TION: The Board of County Commissioners review and approve the FY 2006-2007 Action Plan for David C. Weigel, County Attorney. Submitted by: David C. Weigel, County Attorney 04-COA-OIOI6/507 - Agenda l1em No. 12B October 24, 2006 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 12B Meeting Date: Recommendation Ihallhe Board of County Commissioners review and approve 1he FY 2006. 2007 Action Plan for David C Weigel, County Allomey. 10/24/2006 9:00:00 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 10/16/20064:13 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/17/200610:19 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/17/200610:31 AM Agenda Item No. 128 October 24,2006 Page 3 of 6 FY 2006 / 2007 Action Plan David C. Weigel, County Attorney The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. He is to act as legal advisor and counsel for the Board of County Commissioners, advisory boards and committees, County Manager and his agencies. The County Attorney through the assistant county attorneys and supporting staff represent the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury, property damage, workplace / personnel matters, finance and land use. The County Attorney is responsible for policy documents (resolutions), legislation (ordinances and special acts), and the drafting or legal review and/or revision of all contracts, real property conveyance documents and other Board signatory documents. The following Action Plan was developed to illustrate and review Board expectations for the County Attorney for the period from October 2006 through September 2007. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a significant law firm, including: legal advice; leadership / organizational direction; communications, public response and outreach; fiscal management; and personnel management. At the conclusion of the fiscal year, the Board of County Commissioners is to perform an annual evaluation of the County Attorney's performance by rating each of the following performance objectives on a 1 to 3 scale. The simplified evaluation rating scale is as follows: [1 - Below Standards; 2 - Meets Standards; 3 - Exceeds Standards]. Individual evaluations will be totaled and averaged to determine the Board's collective evaluation position. Thank you for your time and consideration in this regard. Page 1 of 4 Agenda Item No. 12B October 24.2006 Page 4 of 6 LEGAL ADVICE Rating I L.1 The County Attorney will be expected to provide timely, accurate, and effective legal advice to the Board of County Commissioners, County Manager, his agencies and employees through clear and concise communications (both written and oral). The advice will be expected to demonstrate that the issues have been thoroughly analyzed and responses will be expected to provide solution-oriented ideas. L.2 The County Attorney will be expected to assist the Board and County Manager with advice, review and writing of legislative initiatives and bills, as well as, participating and interacting with local legislators I legislative delegation, It will also be expected that the County Attorney will assist the Board in Florida Association of Counties (FAC) matters, attend FAC meetings and actively interact with FAC officials, including developing Tallahassee and around-the-state contacts, and working well with counsel to FAC. LA The County Attorney will be expected to advise the Board or its members to make Attorney General Opinion requests, or Commission on Ethics opinion requests, and inform the Board of pertinent opinions and case law. The County Attorney will be expected to provide effective, clear, and concise opinions (both written and oral) relating to Chapter 112, Part III, Florida Statutes and the Collier County Ethics Ordinance. The advice will be expected to demonstrate that the issues have been thoroughly analyzed and responses shall provide solution-oriented ideas, COMMUNICATION, PUBLIC RESPONSE & OUTREACH Rating C.1 (Internal) The County Attorney will be expected to educate and update county staff, through interim workshops I seminars, to reduce creation of legal issues and lawsuits in the workplace and from work as performed, It will be expected that the County Attorney will communicate with the Board of County Commissioners, County Manager, Division Administrators, and Department Directors and provide proactive advice and recommendations in methods or legislative changes (e.g. changes that would reduce legal fees in land takings and other costs in procurement processes, etc.). C.2 (Internal) The County Attorney will be expected to regularly communicate with and maintain effective working relationships with the County Manager, his Division Administrators and Department Directors, and the Constitutional Officers. Page 2 of 4 Agenda Item No. 12B October 24, 2006 Page 5 of 6 C,3 (External) The County Attorney will be expected to provide effective, helpful, clear, and concise information (both written and oral) to the public through public speaking engagements, seminars, print and electronic media, C.4 The County Attorney will be expected to have systems and procedures in place to assure that the general public is responded to in a timely and accurate manner. All communications to the public shall be effective, tactful, courteous and responsive, FISCAL MANAGEMENT Rating F,1 The County Attorney will develop and effectively administer an annual budget for the Office of the County Attorney. It will be expected that the budget will present a realistic and cost effective approach that will be presented to the Board of County Commissioners for review and approval through the budget process developed by the County Manager and administered effectively and throughout the year, F.2 The County Attorney will provide to the Board an annual pay plan as part of the budget that will provide an organized means for salary administration. LEADERSHIP I PERSONNEL MANAGEMENT Rating I P.1 The County Attorney will be expected to ensure that the goals of the Board of County Commissioners and County Manager are effectively understood and proper assistance is provided by the County Attorney Office in pursuit of said goals, The County Attorney shall guide and direct staff to maximize legal resources with client needs, P,2 The County Attorney will be expected to assure that qualified applicants are recruited and selected to provide the Board with superior legal advice and representation, This shall be accomplished through an awareness of organizational needs and desires and of knowledge of market conditions relatinq to compensation and benefit packages, Page 3 of 4 Agenda Item No, 128 October 24,2006 Page 6 of 6 P,3, County Attorney shall provide legal counsel and professional advice to the Board of County Commissioners relative to local laws and ordinances, county policies and operations. Goals for Fiscal Year 2007: Specific goals that I propose as part of next year's action plan would include: 1. Presentations at meetinqs, Further apply techniques that will continue to assure that presentations at Board of County Commissioners meetings, advisory board meetings, and workshops are clear, concise and effective. Presenters will be charged with making presentations by avoiding legalese and focusing on simplicity, understandability and brevity. Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratinq 2. Tools In the BCC Toolbox, Continue to provide the Board of County Commissioners with tools to achieve strategic goals and assist the Board in well stated defensible decisions I motions, e.g.: a. Criteria, Provide the Board, where applicable, additional criteria in the area of land use and other areas that assists the Board in well stated defensible decisions I motions. Below Meets Exceeds Standards Standards Standards 1 2 3 I Rating b. Home Rule. Advise the Board of County Commissioners on state and local legislative measures that may affect Home Rule and inform the Board of Home Rule options pertinent to Board projects and decisions. Below Meets Exceeds Standards Standards Standards 1 2 3 I Rating c. Reconsideration Ordinance. Review and make recommendations relating to the reconsideration ordinance. Below Meets Exceeds Standards Standards Standards 1 2 3 I Ratinq d, Other. (Including provide advice, counsel to the Board on new or potential issues,) Below Meets Exceeds Standards Standards Standards 1 2 3 I Rating 04-COA-OIOI6/504 Page 4 of 4 - Agenda Item No. 16A1 October 24 I 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Ave Maria Unit 7, Liberty Park", 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 "Ave Maria Unit 7, Liberty Park", a subdivision of lands located in Section 33, Township 48 South, Range 29 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: - Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Ave Maria Unit 7, Liberty Park". 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 "Ave Maria Unit 7, Liberty Park" be approved for recording. FISCAL IMPACT: The project cost is $1,632,339.35 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $811,602.00 - $820,737.35 The Security amount, equal to 110% of the project cost, is $1,795,573.29 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: $25,842.12 (does not include Ave Maria Utilities) Agenda Item No. 16A 1 October 24, 2006 Fees are based on a construction estimate of $820,737.35 (does not inch.~~ef 4 Maria Utilities) and were paid in January, 2006. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,220.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ n/a c) Drainage, Paving, Grading (.75% const. est.) - $ 6,155.53 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ n/a e) Drainage, Paving, Grading(2.25%const.est.) - $18,466.59 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Ave Maria Unit 7, Liberty Park" for recording with the following stipulations: 1. Approve the amount of $1 ,795,573.29 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. 16A1 October 24,2006 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A1 Recommenda1ion to approve for recording the final plat of Ave Mana Unit 7, Liberty Park, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 10/24120069:0000 AM Senior Engineer Date Prepared By John Houldsworth Community Development & Environmental Services Engineering Services 10121200612:33:50 PM Constance A. Johnson Date Approved By Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 1012120062:29 PM Engineering Review Manager Date Approved By Stan Chrzanowski Community Development & Environmental Services Engineering Services 10/31200610:45 AM App roved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 1014120069:25 AM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 101912006 11 :08 AM Mark Isackson Budget Analyst Date - Approved By County Manager's Office Office of Management & Budget 10lS12006 3:51 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1011112006 11 :16 AM ~c.o"<:t <Co...... c.oClO ~N"<:t , -.i' Ol ON OJ Z......ro EQ.lQ.. OlD ......0 ~t5 '00 c Ol Ol <C a.. <I ~ UJ .- en ~ ~ ""OS "' iON I E- - ~ ~ ~ 6~ ~s D .. D '" on r-- Agenda Item No. 16A2 October 24,2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Grey Oaks Unit Sixteen". The roadway and drainage improvements will be privately maintained OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Grey Oaks Unit Sixteen". CONSIDERATIONS: 1. On March 27, 2001, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Grey Oaks Unit Sixteen". 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. 16A2 October 24,2006 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Grey Oaks Unit Sixteen" 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 Item Number: Item Summary: Meellng Date: Agenda Item No. 16A2 October 24, 2006 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1M2 RecommendaliOn to grant final approval of the roadway (private) and drainage improvements far the final plat of Grey Oaks Unit Sixteen The roadway and drainage Improvements will be privately maintained 10/24/2006 g:OO:OO AM Senior Engineer Date Prepared By John Houldsworth Community Development & Environmental Services Engineering Services 9/281200611:38:20 AM Constance A. Johnson Date Approved By Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 10/2/2006 1 :59 PM Stan Chrzanowski Engineering Review Manager Date Approved By Community Deve-lopment & Environmental Services Engineering SetVices 10/31200610:46 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 10/4/20069:24 AM Administrative Assistant Date App roved By OMS Coordinator County Manager's Office Office of Management & Budget 10/9/2006 11 :01 AM Mark Isackson Budget Analyst Date ,.-- Approved By County Manager's Office Office of Management & Budget 10/9/20063:44 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10111/2006 10:38 AM Cl'W'OM NCl1S!)H.....n ~ NClS&NlA" J.f'GfGSYJ "'llfd:J 3OW. IJL I N c.o L() <{O_ (.000 ..--N.-.:t ci -.;t Ol ZN OJ ....ro E(I)o.. (1).0 _0 COU -00 c: (I) Ol <{ LNJJeSY3 'Wd:J ]Q"- .~I ~ I Z o w- I-!;( 000 o .J 1N3".!iY3 "'d.:f LN3lU$V] wtU lO* ,aU J .. " ..: m , ;j i '" ~ ~ ~ >- W '" " 0.. <( ~ UJ I- - en ffi I:!:! ~ \ nY:lS Cll !ON / ____ - -- ~ rn ~ o >- w ~ JlI~ ~ 1 . I I -r_ CWIdTm tMlO1 ~ - ~ 0lNA3Y< """".... 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I n.. <( ~ Z o - ~ U o ...J RESOLUTION NO. 06-_ Agenda Item No. 16A2 October 24,2006 Page 5 of 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN GREY OAKS UNIT SIXTEEN, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 33, PAGES 81 THROUGH 82; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE GREY OAKS PROPERTY OWNERS ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on December 14,1999 approved the plat of Grey Oaks Unit Sixteen for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Grey Oaks Unit Sixteen, pursuant to the plat thereof recorded in Plat Book 33, pages 81 through 82, and the Clerk is hereby authorized 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 Grey Oaks Property Owners 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 , Deputy Clerk By: FRANK HALAS, CHAIRMAN Approved as to form and legal suffi' cy: . .,.,..-., Agenda Item No. 16A3 October 24, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Mediterra Phase Three East Unit One Replat of Lot 11, Block 'Alii OBJECTIVE: To approve for recording the final plat of" Mediterra Phase Three East Unit One Rep/at of Lot 11, Block 'A"', a subdivision of lands located in Section 12, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of " Mediterra Phase Three East Unit One Replat of Lot 11, Block 'A"'. 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 "Mediterra Phase Three East Unit One Replat of Lot 11, Block 'A'" 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: $1005.00 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. - , "~- '~__"""',,",._.__~;""'.'.' 0_. Agenda Item No. 16A3 October 24, 2006 Page 2 of 4 LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Mediterra Phase Three East Unit One Replat of Lot 11, Block 'A'" for recording. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department r '<t '-- 6 ~.."o1C") ci -.;t- Ol ZN OJ EW6': $"8 ~t:5 -00 c: Ol OJ <( ~ m .. >- ~ '" a.. <C :2: UJ I- - CJ) OVOlll ~N.-.n .. g;: ~ i;j " ~ :C"O ~~ ...Jt- ID(/) ]1V$ QI.. J.ON / ffi-~ - I:- ~1fI I~m ...J~ ~ '" wI- ~ - I-w (Q1a) ~ o(/) X1'tM.ONV"lS1 mlYK3YlOI NYe01 ...J< n.. - ~ZE ~ ~ ~ ~ 1-< ~~ '" i m~ ~ ~~ ffis ij - ro ~ 51 ~~~ ~ i~ ~~ ~- I~" ij- r a i ~! III ~ !t! b~ """""".'" !'I ~ w _ SOlO J.~NnCI::l . 9.t.-;u.VJ.mB.l.N1 ,!;c ~o Ui a.. 9 It. :-VJ.mB.1II ~ >- ~~- b ~ r- ~ ~ J!!~ a.. z ::J t g it-- 0 " <C u ",,,, ,,- II w ~ W ....J ~ ~I ~u z ;- i~- /;;~ ~! ill i 0 ~ - ~ ~ ; U :: I i~ f~~ 0 ~n ...J ~~- ~ ~! ,., ~ :: I~ 8 ~ Item Number: Item Summary: Meeting Dale: Agenda Item No. 16A3 October 24, 2006 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A3 Recommendation to approve for recording the final plat of Medrterra Phase Three East Unit One Reolat of Lot 11 Block A '0124/2006 9.0000 AM Senior Engineer Date Prepared By John Houldsworth Community Development & Environmental Services Engineering Services 91281200610:56:54 AM Constance A. Johnson Date Approved By Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 1012120061:58 PM Stan Chrzanowski Engineering Review Manager Date Approved By Communtty Development & Environmental Services Engineering Services 10/31200610:48 AM Date Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & En\lironmental Services Admrnstrator Community Development & Environmental Services Admin. 101412005924 AM Administrative Assistant Date Approved By OMS Coordinator County Manager's Office Office of Managemenl & Budget 10191200611:07 AM Mark Isackson Budgot Analyst Date Approved By County Managers Office Office of Managemenl & Budget 10/912005 3:40 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10112120068:46 AM Agenda Item No. 16A4 October 24, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Delasol Phase Two". The roadway and drainage improvements will be privately maintained. OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Delasol Phase Two" CONSIDERATIONS: 1. On June 14, 2004, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Delasol Phase Two". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. - 3. The required improvements have been constructed in accordance with the Land Development Code, The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution. - ....,~.,....... '~lJl~_'k".~..,;"",j"","',"""",....~", Agenda Item No. 16A4 October 24, 2006 Page 2 of 4 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Delasol Phase Two" and release the maintenance security. 1, Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Item Number: Item Summary: Meeting Date: Agenda Item No. 16A4 October 24, 2006 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 161'.4 Recommendatton to grant final approval of the roadway (private) and drainage Improvements for the final plat of DeLaSol Phase Two The roadway and drainage improvements wil! be privately maintarned 10/24/200690000 AM Date Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer Engineering Services 10/3/20069:57:04 AM Date Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services coes Engineering Services Director COES Engineering Services 10/4/2006 9:16 AM Approved By Date Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 1019/2006 2:55 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 1019/2006 8:23 PM Administrative Assistant Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 10110/200610:16 AM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Manageme-nt & Budget 10110/200611:13 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10111/20069:20 AM Agenda Item No, 16A4 October 24,2006 Page 4 of 4 RESOLUTION NO. 06-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN DELASOL PHASE TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 41, PAGES 51 THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE DELASOL HOMEOWNERS' ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on July 20,2003 approved the plat ofDelasol Phase Two for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Delasol Phase Two, pursuant to the plat thereof recorded in Plat Book 41, pages 51 through 55 ofthc Public Records of Collier County, Florida, and the Clerk is hereby authorized 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 Delasol 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: , Deputy Clerk FRANK HALAS, CHAIRMAN Approved as to form and legal suffi 'encv:, "s Agenda Item No. 16A5 October 24,2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water utility facility for Vanderbilt Beach Resort. OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept final and unconditional conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Vanderbilt Beach Resort has constructed the water facility within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance of this water utility facility was approved by the Community Development and Environmental Services staff on May 11, 2005. At that time, the value of this utility facility (assets) was $16,030.89 (see attachment[s]). Final Acceptance is in accordance with Ordinance 2004-31, as amended. 3) Staff has recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. 4) The water facility has been operated and maintained by the Collier County Water- Sewer District during, not less than, the required one (1) year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Community Development and Environmental Services Division staff and this facility has been found to be satisfactory and acceptable. 6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount of $5,426.86, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval of this Executive Summary. 7) The water utility infrastructure connected beyond the master meter is owned and maintained by the owner. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water-Sewer District receiving unconditional title to the utility facility, which at the time of preliminary acceptance, had a total (undepreciated) value of $16,030.89. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. ,"~ Agenda Item No. 16A5 October 24,2006 Page 2 of 5 LEGAL CONSIDERATIONS: No additional legal review from the County Attorney was required to complete this final acceptance. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District accept the water utility facility for Vanderbilt Beach Resort, and authorize the County Manager or his designee to release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Jennifer Florin, Administrative Assistant Item Number: Item Summary: Meellng Date: Agenda Item No. 16A5 October 24, 2006 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16AS Recommendation to approve final acceptance of the water utility facility for Vanderbllt Beach Resort. 10/24/200690000 AM Administrative Assistant Date Prepared By Jodi Pannullo Community Development & Environmental Services coes Engineering Services 10/212006 8:38:49 AM Constance A. Johnson Date Approved By Community Development & En\'ironmental Services Operations Analyst Community Development & Environmental Services Admin. 1012120062:32 PM Water Operations Manager Date Approved By Pamela Libby Public Utilities Water 10/3/2006 9:05 AM CDES Engineering Senfices Director Date App roved By Thomas E. Kuck, P.E, Community Development 8. Environmental Services CDES Engineering Services 1014/20069,17 AM Paul Mattausch Water Director Date. Approved By Public Utilities Water 10/412006 4:30 PM Public Utilities Engineering Director Date Approved By -, Roy 8. Anderson, P.E, Public Utilities Engineering 1016/20065:12 PM Public Utilities Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 10/9/2006 8:24 PM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 10/10/200610:16 AM Approved By Mark Isackson County Manage~s Office Budget Analyst Date Office of Management & Budget 10/10/200& 11 :24 AM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 10/11/20069:23 AM LDtOL() <!o...... c.oOO .-N-.::r c5.,i"Ol ZN OJ E.....ro evo.. OlD _0 ~'t5 -00 c: Ol OJ <! L-- as z '" 0 u.J 0 Cl '-' Z <( <( ....J > Z wQ ':::!< IDO o ....J ~ 9 '" g m ~ ~ 5 " " ~ > > > x ~ <> ~ g '0~ @ > x ~ \d ~ '" "' .. I- 0 uJ to ~ % "'%.,.C ~ ~ u ~ ~ > x x o g i~ "' ~ I" % 15 0 .. 0 ~ "5 3 " X I' ~ ;t B ~ '5 0 ~ ~ IX> x'l! GUlf Of MEXICO l1V:)S Ol ~ON / ~__ - -.c- ~ ~ I ~~ ~ i ~~ GULF OF MEXICO I-Z Uo w- -,1- 0<( o:U a.o ....I ~ 0... <( ~ I.LJ ?- m ...~I ..0 !ifll ~- >~ :i1Il 5~ >~ ~~ v:Z 4: > 0... <( L z o - ~ U o ...J CERTIFICATI.F COST CONTRIBUTORY ASSETS - ~ Agenda Item No. 16A5 October 24, 2006 Page 5 of 5 PROJECT NAME: Vanderbilt Beach Resort LOCATION: Section 32 Township 49 S Range 25 E Collier County, Florida ORIGINAL NAME & ADDRESS OF OWNER: Vanderbilt Beach Motel, Inc. 9225 Gulf Shore Drive Naples, FL 34108 TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY) QUANTITIES SIZES DESCRIPTION UNIT PRICE TOTAL COST 1 Ea. 16" x 6" Tapping Sleeve & Valve 1,250.00 1,250.00 1 Ea. 16" x8" Tapping Sleeve & Valve 1,512.01 1,512.01 1 Ea. 8" x 6" Reducer 126.00 126.00 1 Ea. 6"x6" Tee 120.00 120.00 2 Ea. 6" Gate Valve 414.00 828.00 1 Ea. 6" x4" Tee 115.00 115.00 2 Ea. 6" 900 Bend 1 05.60 211.20 1 Ea. 4" x3" Reducer 126.00 126.00 1 Ea. 3" Backflow Preventer Assembly 11.120.29 11,120.29 2 LF 4" C-900 DR 14 1.90 3.80 45 LF 6" C-900 DR 14 4.27 192.15 8 LF 8" C-900 DR 14 6.43 51.44 ""..-..."., 1 Ea. 4" Gate Valve 375.00 375.00 TOTAL COST 16,030.89 I do hereby certify that the quantities of materials described above are 8 true and accurate representation of of the system being contributed to Collier County. CERTIFYING: OF: Jensen Underground Utilities, Inc. 5585 Taylor Road Naples, FL 34109 STATE OF FLORIDA) ) SS: COUNTY OF COLLIER ) The foregoing Instrument was signed and acknowledged before me this 14th day of April, 2005 by Kevin Jensen, who is personally known to me and who did not take an oath. SE~.~f~ Nancy Evanel< ~f~.~'1:~:~ MY COMMISSIO~ # 00203576 EXPIRES . JIJv...?" ApnI1S, 2007 ;', ~.~, . .,.c~""~.~r: Tl.~OJ.I TI:?OY FAIN INSURANCE, INC. RECEIVED . MAR 1 8 2005 I -, Agenda Item No. 16A6 October 24, 2006 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water and sewer utility facilities for DelaSol, Phase 3. OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept final and unconditional conveyance of these water and/or sewer facilities. CONSIDERATIONS: 1) The Developer of DelaSol, Phase 3, has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance of these utility facilities was approved by the Community Development and Environmental Services staff on January 27, 2005. At that time, the value of these utility facilities (assets) was $34,632.00 for the water facilities and $42,071.00 for the sewer facilities (see attachment[s]). This Final Acceptance is in accordance with Collier County Ordinance No. 2004-31, as amended. 3) Staff recorded all preliminary acceptance documents in the public records of Collier -- County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during, not less than, the required one (1) year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Community Development and Environmental Services Division staff, and these facilities have been found to be satisfactory and acceptable. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water-Sewer District receiving unconditional title to the' utility facilities, which at the time of preliminary acceptance, had a total (undepreciated) value of $76,703.00 GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. lEGAL CONSIDERATIONS: No additional legal review from the County Attorney is required to complete this final acceptance. -- Agenda Item No, 16A6 October 24,2006 Page 2 of 8 STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, authorize final acceptance of these water and sewer utility facilities for DeLaSol, Phase 3, and authorize the County Manager or his designee to release the Utilities Performance Security (UPS) to the Project Engineer or the Developer's designated agent. PREPARED BY: Jodi Pannullo, Engineering Technician Item Number: Item Summary: Meeting Date: Agenda lIem No. 16A6 October 24, 2006 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A6 Recommendation to approve final acceptance of the water and sewer utility facilities for DeLaSol, Phase 3 10/24/2006 900:00 AM Administrative Assistant Date Prepared By Jodi Pannullo Community Development & Environmental Services COES Engineering Services 10/21200611 :38:30 AM Approved By Oat. Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 10/2/20062:31 PM Pamel. Libby Water Operations Manager Date Approved By Public Utilities Water 10/3/20069:07 AM Approved By Stephen L. Nagy Public Utilities Wastewater Collections Manager Date WasteWater 10/3120062:20 PM COES Engineering Services Director Date Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services COES Engineering Services 10/4/2006 9:20 AM Water Director Date Approved By -- Paul Mattausch Public Utilities Water 1014/20064:34 PM Public Utilities Engineering Director Date Approved By Roy 8. Anderson, P.E. Public UtUities Public Utilities. Engineering 10/6/2006 5:15 PM DatE! Approved By Joseph K. Schmitt Community Development & Enyironmental Services Community Development & Environmental Services Adminstrator Comm unity Development & Environmental Services Admin. 10/912006 8:26 PM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 10/10/200610:17 AM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 10/10/2006 11 :32 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/11120064:24 PM c.oc.oc:o <X: 0...... c.ooO ...-N'<t ci..{Ol ZN OJ ....ro EOJo.. OJ..o ....0 ~u -00 c: OJ OJ <C ~ CJWOH~NL'.n V-- I- 1 --- ----- I- ---- ----------- --- Z 'lKSJ "Td"'j 'lP1S3 "d'J ) -- --- -- f- ---- ----------- --- .-I o~ v2>.~ w- -- Ji ~ !::!;( I ~ f-- ~" 000 "'- I--- g -{ ..- L! I-- W. ~r-- /T ~ '-- ~r-- if- I--- iW f- r-- }.... III " Ii - I---( lYr'OO t)N1NNVH:) '- ~ O!r-- '-- l I I I i?::::/ ~ - I 'r-- ~L~ I-- f-- I-- l:D iT '"TIt I J ~ f- I-- I--- !- 'I II "- I-- I--- I--- - R~ I--- I--- I--- - ( I--- I--- c\ I I - - I--- - - 3"""'> '--- 3NV' ClS""d ~ ONV1)}4Y1 !l!"-- EW I, \'I)~ ~ ~ - ill--- ~ - --~I--- <5 ~ l II~I' - ;il-- - -I - _:!:: 15 3Nlfl 't'sotIY13CJ == - I--- II I I III I I H ~ I-- ""'I I I ~ -I, - -15 - I--- ~ I--- I--- =t----. t! .. ~ w I-- ~ I I -- f-~ .. " d - ~ /" w I-- ~ - I-- - -'" I-- 51-- - < ~ f- I--- ~~~ \-- -~ f-- - - "- ~ I------ f- - f-- - - I--- " - '-- Q.. <t ~ lLJ ~ - (/) H:lj ..... V) :i! 1:1.. ~I .. . . Agenda Item No. 16A6 October 24, 2006 Page 5 of 8 CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY PROJECT NAME: DELASOL PHASE III Op'~ I. /'#1/ ". ~;4f LOCATION: SECTION 13 AND 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA NAME & ADDRESS OF OWNER: CENTEX HOMES 5801 PELICAN BAY BLVD, SUITE 600 NAPLES, FL 34108 . . Agenda Item No. 16A6 October 24,2006 Page 6 of 8 I do hereby certify that the quantities of materials described above are a true and accurate representation of the system, ~- BRENDA K, MERCHANT AUTHORIZED AGENT OF: Haleakala Construction, Inc, 5758 Taylor Road Naples, Florida 34109-1829 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER) The foregoing instrument was signed and acknowledged before me this 1 st day of November, 2004 y B~enda K. Merchant who is personally known to me and who did not take an oath. SEAL: """"" Linda Mahon ~~~~<:,-: Com!1'ission NOD 177119 ~;:. ~.:.~ ExpIres: Feb 21, 2007 --,~~. ...il.: Bonded Thru -'",r,,"":'-'" Atlantic Bonding Co., Inc. . . Agenda Item No. 16A6 October 24, 2006 Page 7 of 8 CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY PROJECT NAME: DELASOL PHASE III LOCATION: SECTION 13 AND 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA o.,~~ I' "'Il _ NAME & ADDRESS OF OWNER: CENTEX HOMES 5801 PELICAN BAY BLVD, SUITE 600 NAPLES, FL 34108 '""1 './f TYPE OF UTILITY SYSTEM: SANITARY SEWER I FORCE MAIN (MATERIALS ONLY) I ITEM SIZE QUAN. UNIT COST TOTAL I SRD-26 SEWER 0-6' CUT 8" 1268 LF $3,00 $3,804.00 SRD-26 SEWER 6-8' CUT 8" 644 LF $3,00 $1,932.00 SRD-26 SEWER 8-10' CUT 8" 172 LF $3.00 $516,00 SRD-26 SEWER 10-12' CUT 8" 73 LF $3,00 $219.00 MANHOLE 0-6' 4' 8 EA $1,700,00 $13,600,00 MANHOLE 6-8' 4' 3 EA $2,200.00 $6,600.00 MANHOLE 8-10' 4' 1 EA $2,500,00 $2,500,00 MANHOLE 10-12' 4' 1 EA $3,500.00 $3,500,00 SINGLE SEWER SERVICE 6" 6 EA $300.00 $1,800,00 DOUBLE SEWER SERVICE 6" 19 EA $400.00 $7,600,00 $0,00 $0,00 TOTAL COST $42,071.00 ~ , . e Agenda Item No. 16A6 October 24, 2006 Page 8 of 8 I do hereby certify that the quantities of materials described above are a true and accurate representation of the system, CERTIFYING: ~ BRENDA K. MERCHANT AUTHORIZED AGENT OF: Haleakala Construction, Inc, 5758 Taylor Road Naples, Florida 34109-1829 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 1 st day of November, 2004 y Brenda K. Merchant who is personally known to me and who did not take an oath. , ----- SEAL: """"1, Linda Mahon ...' ~Y"Lti'... /~~~-:;. Commission #DDI77119 ~~. ~.;E Expires: Feb 21, 2007 "'~~OFf\.<t;,~,,:- ~nded.Thru "'"11" AtlanUc BondlllgCO., Inc Agenda Item No. 16A7 October 24,2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Ave Maria Unit 8, Emerson Park", 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 "Ave Maria Unit 8, Emerson Park", a subdivision of lands located in Section 4, Township 48 South, Range 29 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 "Ave Maria Unit 8, Emerson Park". 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 "Ave Maria Unit 8, Emerson Park" be approved for recording. FISCAL IMPACT: The project cost is $2,184,899.70 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $1,066,638,90 - $1,118,260.80 The Security amount, equal to 110% of the project cost, is $2,403,389.67 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: $34,952.83 Agenda Item No. 16A7 October 24, 2006 Fees are based on a construction estimate of $1, 118,260.80 (does not intl~G Maria Utilities) and were paid in January, 2006. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,405.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ n/a c) Drainage, Paving, Grading (.75% const. est.) - $ 8,386.96 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ n/a e) Drainage, Paving, Grading(2.25%const.est.) - $25,160.87 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. lEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Ave Maria Unit 8, Emerson Park" for recording with the following stipulations: 1. Approve the amount of $2,403,389.67 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 1'--"7 < 5 ~,.('") . -.:t" (j) ON OJ Z.....ro EcvQ.. 2"8 ~t5 -00 C a> Ol <C I") v I") N <l) I") 71VOS 01 'ON / ~ - 6Z - ~S Cl <( o rr --' ~ o <( o '" '" " w ~ <( ~ ::l! ;! G;JIJ 0... <( :E: lJ..J I- - en oc( ~ ~ ~ ~ oc( n.. z I ~ICO \Io~" 0'< Item Number: Item Summary: Meellng Date: Agenda Item Noo 16A7 October 24, 2006 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A7 Recommendation to approve for recording the fInal pial of Ave Maria Unit 6, Emerson Park, approval of the standard form Construction and Maintenance Agreement and approvai of the amount of the performam:e security 10/24/2006 900:00 AM Date Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer Engineering Services 10/3120068:42:46 AM Date Approved By Stan Chrzanowski Community Development & Environmental Services Engineering Review Manager Engineering Services 10/3/2006 8:50 AM Date Approved By Constance A, Johnson Community Development & Elwironmental Services Operations Analyst Community Development & Environmental Services Admin. 1019/20063:09 PM Approved By Joseph K. Schmitt Community Development & Environmental ServJces Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin, 10/9/20066:26 PM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 10/10/200610:17 AM Date Approved By MarJ<. Isackson County Manager's Office Budget Analyst Office of Management & Budget 10110/200511:42AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 101111200611:32 AM Agenda Item No. 16A8 October 24, 2006 Page 1 of 13 ,,- EXECUTIVE SUMMARY Recommendation to approve an Interim Management Plan for the Milano property under the Conservation Collier Land Acquisition Program OBJECTIVE: Request approval of the attached Interim Management Plan for the Milano property and direction to the County Manager, or his designee, for its implementation. CONSIDERATIONS: The Conservation Collier Ordinance, 2002-63, section 14(1), requires that, no later than sixty (60) days from the date of acquisition, an Interim Management Plan shall be submitted by County staff to the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) for approval. Upon approval, the Plan shall be submitted to the Board of County Commissioners for final approval and shall be implemented according to the Board's direction. Subsequent to the Interim Management Plan, a fmal plan is to be presented to the Board within two (2) years. - On October 9, 2006, staff submitted an Interim Management Plan for the Milano property to the CCLAAC which had previously been approved by the Lands Evaluation and Management Subcommittee. The CCLAAC unanimously recommended approval. FISCAL IMP ACT: The costs of land management activities for the first year have been estimated to be $67,000-$84,000. The second year management goals are estimated to cost $3,600-$8, I 00, for a total range of $70,600-$92,100. Funds are budgeted within the Conservation Collier Land Management Fund to accomplish these activities. Staff will seek grant funding to assist in reducing these costs. GROWTH MANAGEMENT IMPACT: Management of Conservation Collier lands to support appropriate public access is consistent with and supports Policy 1.1.6 and Objective 1.3 in the Recreation and Open Space Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63), in Section 14, provides a legal framework for development of management plans and for use of environmentally sensitive lands. Recommendation of the Interim Management Plan for the Milano parcel by the Conservation Collier Land Acquisition Advisory Committee for Board approval falls within this legal framework. RECOMMENDATION: That the Board of County Commissioners approve the attached Interim Management Plan and direct the County Manager, or his designee, to implement it for the Milano parcel. PREPARED BY: Christal Segura, Environmental Specialist, Conservation Collier Program, Environmental Services Department - Item Number: Item Summary: Meeting Date: Agenda Item Noo 16A8 October 24, 2006 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A8 Recommendation to approve an !nlerim Management Plan tor the Milano property under the Conservation Collier Land Acquisition Program. 10/24/2006 9:00:00 AM Environmental Services Director Date Approved By William D. Lorenz, Jr., P.E. Community Development & Environmental Services Environmental Services 1019/20063:00 PM Approved By Environmental Specialist Date Christal Segura Community Development & Environmental Services Environmental Services 1019/20063:05 PM Approved By Date Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 1019/2006 4:07 PM App roved By Senior Environmental Specialist Date Alexandra J. Sulecki Community Development & Environmental Services Approved By Environmental Services 10/9/20064:16 PM Joseph K. Schmitt Community Development & Environmental ServIces Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 10/10/200611:16 AM Approved By Administrative Assistant Date OMS Coordinator County Manager's Office Office of Management & Budget 10/11120062:45 PM Budget Analyst Date Approved By Mark Isackson County Manager's Office Office of Management & Budget 10111/20063:03 PM County Manager Date App roved By James V. Mudd Board of County Commissioners County Manager's Office 10/12/200610:49 AM Agenda Item No. 16A8 October 24,2006 Page 3 of 13 Conservation Collier Milano Property Interim Management Plan DRAFT Prepared By: Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34104 October 2006 September 2006 Agenda Item No. 16A8 October 24,2006 Conservation Collier Milano Page 4 of 13 Interim Management Plan Table of Contents 1.0 Purpose and Scope ofthe Interim Management Plan.............................. 3 2.0 Management Authority and Responsibilities...................................... 3 3.0 Interim Site Plan ...................................................................... 3 3.1 Location and Site Description.. . .. .. .... . .. ... .. .. . ... .. .. . .. .. ... . .. .... .. 3 3.2 Signage.... .... ..... ..... ..... ...... ... ... .... ...... ...... .,. ....... ... ...... ... 4 3.3 Easements, Concessions or Leases.......................................... 4 3.4 Structures. .. . . . .. .. . .. . . .. .. . .. . .. . . . . .. . .. . .. . .. .. . . .. . .. . . .. .. . .. . .. ..... . .. . . 4 3.5 Surrounding and Adjacent Land Uses....... ...... ..... ........ .............. 4 4.0 Interim Management Objectives........ ..................... ..... .................. 4 4.1 Natural Resource Protection..... ........ ................ .................... 4 4.2 Site Security.............. .................. .................................... 5 4.3 Exotic Vegetation Removal and Maintenance Plan................. ... .... 6 4.4 Debris RemovaL.... ......... ..... ...... .... ...... ...... ..... .... ...... ..... ... 6 4.5 Cultural, Historical and Archaeological Resource Protection............ 6 4.6 Listed Species Protection................................................ ...... 6 4.7 Public Access................................................ ...... .... .......... 6 4.8 Site Monitoring and Long Term Management Plan.................... .... 7 4.9 Partnerships...................................................................... 7 5.0 Exhibits.... ....... ..... ....... ............ .............. ....... .... ..... ..... ...... ....... 8 EXHIBIT 1: Location Map EXHIBIT 2: Aerial Map EXHIBIT 3: Estimated Cost Table EXHIBIT 4: Implementation Timeline 2 September 2006 Agenda Item No. 16A8 October 24, 2006 Conservation Collier Milano Page 5 of 13 Interim Management Plan 1.0 Purpose and Scope of the Interim Management Plan The Milano property was purchased by Collier County in July 2006 with funds from the Conservation Collier program. The property will be managed for conservation, protection, enhancement of natural resources and for public outdoor recreation that will be compatible with the conservation, protection and enhancement of the site and the surrounding lands. This Interim Management Plan is intended to identify the key management priorities and issues within the site and give direction for management for the next two years. This document is meant to be the precursor to a Final Management Plan, which will outline more specific aspects of site management. Kev Interim Management Objectives 1. Protect, manage and restore ( as appropriate) the native habitat on site 2. Determine what actions will be necessary to open the site for public access 3. Explore opportunities for grant funding and partnerships 4. Meet with community members who have an interest in this property and obtain feedback for Final Management Plan Action Plan I a. Install temporary Conservation Land signs along property boundaries. 1 b. Remove and manage invasive exotic vegetation and assess the need for native vegetation restoration. 2. After initial exotic vegetation removal and/or restoration is complete, determine and begin the appropriate actions necessary for developing public access. 3. Explore possible exotic vegetation removal grants from U.S. Fish and Wildlife Service (USFWS) and FL Department of Environmental Protection (FLDEP). 4a. Notify surrounding property owners, including adjacent public schools, of the purchase and meet with interested community members to receive input on management plan. 4b.Coordinate with local community groups to assist in trail development. 2.0 Management Authority and Responsibilities The Collier County Environmental Services Department will be solely responsible for managing the Milano property, but will seek to obtain grants and utilize partnerships and volunteers for management activities. 3.0 Interim Site Plan 3.1 Location and Site Description The Milano property is located north of Immokalee Road, east of Preserve Lane and west of Preserve Circle (a private road through the Fairway Preserve Apartments). It is located in Township 48, Range 26 and Section 21, in Collier County, Florida. The total acreage is 19.46 acres. The majority of the property is composed of cypress and wetland mixed forest; some sections are comprised of pine flatwoods. 3 September 2006 Agenda Item No. 16A8 October 24, 2006 Conservation Collier Milano Page 6 of 13 Interim Management Plan 3.2 Signage Temporary signs identifying the property as Collier County Conservation Land will be posted at the southern boundary of the site facing Immokalee Road and possibly along the east and west boundaries. Temporary no trespassing / no dumping signs may also be posted along east and west site boundaries. 3.3 Easements, Concessions or Leases No easements, concessions or leases are on the parcels or proposed for the future, unless they further conservation objectives, such as a conservation easement. 3.4 Structures There is no well or other type of structure on the property. 3.5 Surrounding and Adjacent Land Uses The Milano property is located north of the Cocohatchee canal and Immokalee Road. Gulf Coast High School and Laurel Oaks Elementary are located south of Immokalee Road. It is south and east of the Olde Cypress Planned Unit Development (PUD) conservation area and preserve, and west of the Fairway Preserve Apartments. It is also east of a commercially developed portion of the Olde Cypress Planned Unit Development. 4.0 Interim Management Objectives 4.1 Natural Resource Protection Existing Vegetation: Ground Cover: North - alligator flag (Thalia geniculata), swamp fern (Blechnum serrulatum), false nettle (Boehmeria cylindrica). South - sawgrass (Cladium jamaicense), swamp fern (Blechnum serrulatum), and wiregrass (Aristida stricta) Midstorv: North - swamp dogwood (Cornus foemina), wax myrtle (Myrica cerifera), buttonbush (Cephalanthus occidentalis). South - saw palmetto (Serenoa repens), wax myrtle (Myrica cerifera), cabbage palm (Sabal palmetto), and buckthorn (Bumelia spp.), Brazilian pepper ( Shinus terebinthifolius) Canopy: North - cypress (Taxodium distichum), pop ash (Fraxinus caroliniana), strangler fig (Ficus aurea), red maple (Acer rubrum), melalueca (Melaleuca quinquenervia). South - slash pine (Pinus elliotti), cypress (Taxodium distichum), earleaf acacia (Acacia auriculiformis), melalueca (Melaleuca quinquenervia), and Australian pine (Casuarina spp.) Unique Natural Features: The majority of the site contains mixed pine and cypress wetlands, and a very high quality wetland exists on the northern portion of the site. This wetland is also adjacent to a slough system that is under preservation on the development to the north. 4 September 2006 Agenda Item No. 16A8 October 24, 2006 Conservation Collier Milano Page 7 of 13 Interim Management Plan Listed Plant Species Listed plant species found on site include stiff-leaved wild pine (Tillandsia fasciculata), hoary air plant (Tillandsia pruinosa), and reflexed wild pine (Tillandsia balbisiana). Possible Wildlife Listed Species: No listed wildlife has been observed on site. However, according to a 2004 Preliminary Wetlands and Wildlife Assessment prepared by Johnson Engineering, the property is within the Corkscrew Swamp Sanctuary Wood Stork Core Foraging Area (18.6 miles), a documented wood stork rookery. Also, according to the report, research of SFWMD Permit 11-01232-S indicated that "The Woodlands" (the adjacent Olde Cypress preserve property) at one time supported a viable population of Big Cypress fox squirrels (Sciurus niger avicennia) and provided some nesting and foraging habitat for listed wading birds. An approximate home range size for a Big Cypress fox squirrel is 25 acres (Closing the Gaps, FFWCC, 1994). Exotic Vegetation Removal and Control: Exotic invasive plants present include melaleuca (Melaleuca quinquinerva), Brazilian pepper (Schinus terebinthifolius), Australian pine (Casuarina spp.), and earleaf acacia (Acacia auriculiformis). The initial cost of exotic removal would be relatively significant. Based on cost estimates provided by a contractor who routinely contracts with the County Parks and Recreation Department for exotic removal, costs for the level of infestation observed (25%-50%) to treat exotics with herbicide in place or to cut and stack the debris onsite would cost approximately $1,750 to $2,500 per acre. To cut and treat the stumps and remove the debris to a waste facility could cost $2,500 to $3,750 per acre, or more. Based on the acreage involved (14 acres of infested land), total initial removal costs are estimated to be from $35,000 - $52,500 for the entire parcel, but could be more due to the size of some of Australian Pines and Melaleuca. Costs for follow-up maintenance, done anywhere from quarterly to annually have been estimated at between $200 and $450 per acre, per year for a total of $3,600 - $8,100 for 18 acres. These costs would likely decrease over time as the soil seed bank is depleted. 4.2 Site Security There are currently no major site security issues associated with the Milano property. However, one trail exists diagonally crossing the property from the northwest comer to the eastern center. The trail appears to be utilized by residents of the Fairway Preserve Apartments to walk their dogs during the dry season. During wet season the trail has been seen with up to 3 feet of water cover. It may be desirable to field fence the property along the east and west boundaries next to the developed properties, leaving the areas adjacent to the Olde Cypress Preserve unfenced and maintaining the access point along the eastern boundary for Fairway Preserve Apartment residents. Prohibiting leashed dog walking would be difficult to monitor and enforce. Permitted activities can be denoted on the 5 Agenda Item No, 16A8 October 24,2006 Conservation Collier Milano Page 8 of 13 Interim Management Plan entrance sign. Field fencing can be used for borders with developed properties. Cost, including installation, for field fencing is approx. $5.50 per foot. Gates are approximately $250.00 each. The total cost is estimated to be $11,000. September 2006 4.3 Exotic Vegetation Removal and Maintenance Plan The Collier County Environmental Services Department will hire contractors to treat the exotic vegetation on the site. Staff will seek assistance from the surrounding community for potential volunteers to supplement contracted exotic maintenance. 4.4 Debris Removal Solid waste and litter will need to be removed from the southern part of the property. No dumping signs and a fence may need to be installed along the eastern property line to deter further dumping. Trash removal and trail maintenance can be accomplished using both contracted and volunteer labor. 4.5 Cultural, Historical and Archeological Resource Protection The Milano property is not within an area of historical and archaeological probability, and no historical or archaeological sites appear to be present on the property. The County will notify the Division of Historical Resources immediately if evidence is found to suggest any archaeological or historic resources are discovered. If such resources are identified on-site, staff shall cordon off the area, and a professional survey and assessment shall be instituted. The archaeologist shall prepare a report outlining results of the assessments and issue recommendations to County staff about management of any sites discovered, per provisions of the Land Development Code Section 2.2.25. This report shall be sent to the Division of Historical Resources. The County shall cooperate fully with direction from the Division of Historical Resources on the protection and management of archaeological and historical resources. The management of these resources will comply with the provisions of Chapter 267, Florida Statutes, specifically Sections 267.061 2 (a) and (b). 4.6 Listed Species Protection Staff will evaluate needs for protection if any listed wildlife are found on the property. 4.7 Public Access Public access will be limited to special requests until exotics are removed, a trail can be established and appropriate public access is determined through development of a Final Management Plan. The American Disabilities Act (ADA) requirements and safety concerns will need to be met before we can officially open the site to the public. 6 September 2006 Agenda Item No. 16A8 October 24, 2006 Conservation Collier Milano Page 9 of 13 Interim Management Plan 4.8 Site Monitoring and Long Term Management Plan Monitoring of the site shall consist of invasive exotic vegetation re-treatment and listed species population surveying. The Environmental Services Department shall be responsible for property maintenance with tasks contracted out as necessary and management partnerships sought with the surrounding community. The site will be monitored for exotic vegetation re-growth semi-annually for two years following initial treatment. After two years, exotic vegetation will be monitored on a yearly basis. 4.9 Partnerships Staff will seek out and evaluate potential for other types of partnerships for conservation, protection, education, and funding opportunities. Staff will coordinate with Gulf Coast High School, Laurel Oaks Elementary and local Boy Scout and Girl Scout Troops to assist with trail development. Staff will explore possible grants for invasive exotic vegetation removal including: USFWS Partners for Fish and Wildlife Program (Conservation Collier Cooperative Agreement Modification would be required) and FLDEP Bureau of Invasive Plant Management Working Group Program. Staff will also work with the South Florida Water Management District to evaluate a possible removal of the berm that exists between the southern boundary and the canal. This was suggested by one of the local conservation organizations and staff will research the possibility to determine how this may benefit and alter the hydrology of the site. A relationship will be sought with the neighboring commercial property owners to keep future access options open. 7 September 2006 Agenda Item No. 16A8 October 24,2006 Conservation Collier Milanl1age 10 of 13 Interim Management Plan 4.0 Exhibits EXHIBIT 1: Location Map Conservation Collier Milano Location Map I- <.> a i' <.> 15 :2 ~ a: U ~ w '" w 0: a. :5 w > 0: W '" W 0: 0.. I OKA.LEERD ~ ~ ~ rr <( :I: '" ~'(* C(fflIl'r County -----~-- Legend - Milano W+B S - Collier County Roads 11II Conservation Land [=:J Milano o 250 500 1,000 Feet Data Source: Parcels. Collier County Prope rly App raiser Created By: CIS \ CDES \ En~ronm..t81 SeNices C:\ConseNlltion Collier 2082\ ISCRI 3rdcycle\Milano.mxd G:\ConseNlltien Collier 2002\ ISCRI 3rdcycle\MilanoJpg Date: 2.7.01 Folio Number: 00186280003,00186320002 8 September 2006 Agenda Item No. 16A8 October 24,2006 Conservation Collier MilanBage 11 of 13 Interim Management Plan EXHIBIT 2: Aerial Map Conservation Collier Milano Aerial Map C~r County -------------- Legend - Milano :\ W+E s - Collier County Roads .. Conservation Land [Z] Milano L-=:J Milano I o 130 I 260 I 520 Feet Data Source: Parcels. Collier County Property Appraiser Created By: GIS \ CDES \ Environmental Services G:\Conservatlon ColllenmapslMllanolaerlal.mxd Date: 9/4106 Folio Number: 00186280003, 00186320002 9 September 2006 Agenda Item No. 16A8 October 24,2006 Conservation Collier Milanflage 12 of 13 Interim Management Plan EXHIBIT 3: Estimated Cost Table Access Trails t.b.d. t.b.d. Grants will be applied for to assist with costs , r"i";"'i';':'.+:",i;'i:'.'.".!!."'<;'15.8.'">i,'i.!.r'w,::,.,,'-',J)~:.""<.:"'i:'i:"',,"" ;~~~~tenijn~~fC' .... tiqlqt" " ....... f Includes cost of ADA compliant section Grants and permits may be applied for to construct a raised boardwalk ~~~i~....~~~~~R~~.'.~'~[2~. perJ99~ p!1.!~g1\i~~",>.f;< Exotics Control $ 35,000- 52,500 $3,600- 8,100 annually Total $0 $67,250- +84,750 t.b.d t.b.d t.b.d. Trash Removal 10 co c.o ('") <(0..... c.oo.... ...-NO ci -.:t"('") N..... Z,-W EcvOJ (])..o ro ...-on. COO -00 C CV OJ <( CI:l~~Coo <~Ocoo .....,:::::>~coo .....,:::::>Zcoo ::;S<>-<coo ~ <~O:::coo ~ ::;S<O:::ooo ~ i:.I.;~a::looo .....,<Zcoo O~Uor-- ZO>cr-- OUf-cr-- CI:l~~cr-- ...... <:::::>Ocr-- 0 .....,~~or-- .....,:::::>Zcr-- ::E<>-<cr-- ~ <~O:::cr-- ~ ::;S<O:::cr--~ :><: Il) .::: ;J Il) 8 ~ .::: .~ -- ce -- .::: Il) 8 Il) 0.. 8 ....... i:.I.;~a::lor--~ .....,<Zcr--~ O~Uc\O ZO>o\O OUf-o\O~ CI:l~~c\O~ "'CI Il) c::; .5 -- en ~ "'1" f- ....... a::l ...... ::r:: ><: ~ .8 U gf en >-. - '2 ~--........oo...ll) ..... ce ce ::l 0 e. .g g,..;: ~ 0... a:; 0 o '"'" ;:> Il) ...... :> ...... ~ u<.S:Il)O Il)gggll)"'CI'-+=< Il) ..... 'S en .~ "'CI ~ c; 1:3 t:: .::: en .::: .::: - ~ ~ ~'B [~] ~ ~ :> 0 ce 0 ::l '';:: "s ~ :><: :><: ...... o ~ :><: :><: ~ rJJ .::: blJ ..... rJJ c;jc;j :> .8 0- 8"'-' U Il) 0 ..... ...... .::: -0 .:::.~ ~.8 -- Il) __ Il) .so.. .~ ~r 8 ..... V 0 "s:>u en ..... en "CI 0 .::: u C<:lC; Q) ;> ~ g ~ ~ ..0 ..... =' .= 0....... '-- .~ <8 i2 Q) C<:l .~ 0 en ..... Q)"CI .s~ c .... ILl C<:l 0..::: o C<:l o .~ ...... co c.S 1}l-g 8<2 Q) ...... C C ILl C! ;,; co CI) iJ s.s .- Q) ........c g ::: ...... c ..2 0 ::: c bl)C<:l c"CI 'c a3 -6 fr iJ"CI ...... Q) ~= : .~ .8 gf 0.. .- en a ~ '.;:j '0 Il) ><:..c 1LlE-< ILl 00 .s c Q) 'c ;> ILl o 0.. ::: 0 a:> .... ....<8 ..9 Q) c c~ ~ ~ CI) - c:' Q) '':= ce ~ C<:l o..co, Q) 0 "E..oc:; Il) ...... ;> 8 "';:; u Il) ::: "CI blJ;:::..9 ce .::: ce . 8 ~ Agenda Item No. 16A9 October 24,2006 Page 1 of 5 - EXECUTIVE SUMMARY Recommendation to approve the proposed amendment to the current interlocal agreement between Collier County and the Economic Development Council of Collier County. OBJECTIVE: That the Board of County Commissioners (BCe) approve the attached amendment to the current interlocal agreement between Collier County and the Economic Development Council of Collier County (EDC), thereby increasing Collier County's annual funding by $160,000 to a total of $560,000 for the current fiscal year. CONSIDERATIONS: At the September 12, 2006 BCC regular meeting the Board approved the annual agreement between Collier County and the EDC in the amount of $400,000. The BCC approved an additional $160,000 at the September 21, 2006 final budget meeting. These additional monies were approved at the request of the EDC to fund supplemental marketing expenses related to marketing the Florida Tradeport in Immokalee. Annual expenses associated with regional marketing research provided by Florida Gulf Coast University (FGCU) are also included in this supplemental funding. --- FISCAL IMP ACT: Approval of this amendment to the Collier County/EDC interlocal agreement will allow for payment of an amount not-to-exceed $560,000 that was previously approved by the BCC during regularly scheduled budget hearings for the 2007 fiscal year. GROWTH MANAGEMENT IMPACT: The approval of this agreement amendment is consistent with the Growth Management Plan in that it further promotes the diversification of Collier County's economy and targets high paying wages. LEGAL CONSIDERATIONS: This proposed amendment to this interlocal agreement has been approved as to form and legal sufficiency by the County Attorney's Office. RECOMMENDATION: That the Board of County Commissioners (BCC) approve the attached amendment to the current interlocal agreement between Collier County and the Economic Development Council of Collier County (EDe), thereby increasing Collier County's annual funding by $160,000 to a total of $560,000 for the current fiscal year. Prepared by: Denton Baker, Director, CDES --- Item Number: Item Summary: Meeting Date: Agenda Item Noo 16A9 October 24, 2006 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A9 Recommendation to approve the proposed amendment to Ihe current interlocal agreement between Collier County and the Economic Development Council of Collier County 10/24/2006 9:00:00 AM Financial Admin & Housing Director Date Prepared By Denton Baker Community Development & Environmental Senrices Financial Admin. & Housing 10/41200611 :33:33 AM Approved By Date Constance A, Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 10/9/20063:43 PM Approved By Date Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 10/10/200611:14 AM Administrative Assistant Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 10/11/20062:45 PM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 10/11/20062:58 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/12/2006 10:08 AM Agenda Item No. 16A9 October 24, 2006 Page 3 of 5 AMENDMENT TO INTERLOCALAGREEMENT THIS AMENDMENT TO INTERLOCAL AGREEMENT is entered into this day of 2006, by Collier County, Florida, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as the "COUNTY", and the Economic Development Council of Collier County, a Florida not-for-profit corporation, hereinafter referred to as the "EDC". WITNESSETH WHEREAS, on September 12, 2006, the EDC and the COUNTY entered into an Agreement wherein the County agreed to grant up to Four Hundred Thousand ($400,000) to the EDC to enhance economic activities in the State and Collier County, by retaining, expanding and attracting high wage jobs through economic diversification and development in order to promote a stronger, more balanced, and stable economy; and WHEREAS, the County has appropriated for the County's Fiscal Year 2007 (October 1, 2006 - September 30, 2007), the sum of Five Hundred Sixty Thousand ($560,000) to the EDC, to conduct economic diversification and development activities; and WHEREAS, the parties desire to amend the September 12, 2006 Agreement to reflect the increased appropriation. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree to amend the original Agreement as follows: The County's grant to the EDC, referenced in Article 1, Paragraph B, and described in the Summary Budget attached hereto as the replacement Exhibit "A," is increased from $400,000 to $560,000. All other terms and conditions of the original Agreement, dated September 12, 2006, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment to the Inter-local Agreement on the date set forth above, with the intention to attach this Amendment to the original Agreement. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRANK HALAS, Chairman Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Managing Assistant County Attorney (Witnesses and EDC signatory on following page) Agenda Item No. 16A9 October 24, 2006 Page 4 of 5 WITNESSES: CONSULTANT: Signature Economic Development Council of Collier County Name (Printed) By: Todd E. Gates, Chairman EDC Board of Directors Signature By: Name (Printed) Tammie Nemecek Executive Director Agenda Item No. 16A9 October 24. 2006 Page'S of S ECONOMIC DEVELOPMENT COUNCIL __o___~__ of Collier County, Florida Grovving Great Ideas Exhibit "A" Budget Economic Diversification October 1,2006 - September 30,2007 $560,000 Administrative Expenses Including salaries, taxes and benefits $350,000 Marketing Expenses Including, but not limited to: Targeted Industry Marketing Campaigns Collateral Publications Regional Economic Research Institute in collaboration with FGCU $210,000 Equipment Expenses $ - 0 - Total $560.000 Agenda Item No. 16A 10 October 24, 2006 Page 1 of 11 -- EXECUTIVE SUMMARY Recommendation to approve Collier County and the City of Naples Urban County Cooperation Agreement for the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program and submit the agreement to HUD. OBJECTIVE: To have the Board of County Commissioners (BCC) adopt a Resolution approving the Urban County Cooperation Agreement for the Community Development Block Grant (CDBG) program and submit the agreement to HUD. CONSIDERATIONS: Collier County, along with the cities of Naples and Marco Island, became eligible to receive federal CDBG entitlement funds on an annual basis through an Urban County Cooperation Agreement adopted by all jurisdictions in September 2000. The urban county partnership was re-qualified by HUD in June 2003 through the adoption of a new urban county agreement. - HUD requires communities to re-evaluate their urban county cooperation agreements every three years. Naples City Council will consider adoption of the attached Urban County Cooperation Agreement for fiscal years 2007, 2008 and 2009 at their October 18, 2006 meeting. It is in the best interest of all participating jurisdictions to continue the partnership established for the administration of the HUD Community Development Block Grant (CDBG) program. FISCAL IMP ACT: The urban county partnership receives approximately $2,300,000 in CDBG entitlement funds as determined by HUD formula. The City of Naples' share is approximately $115,000. There is no impact on general revenue. GROWTH MANAGEMENT IMPACT: The CDBG program is consistent with and supports the Housing, Future Land Use and Recreation and Open Space Elements of the Collier County Growth Management Plan by providing housing assistance, infrastructure improvements and other programs to improve the health, safety and welfare of the very low to moderate-income residents of the community. LEGAL CONSIDERA TIONS: This request is internally consistent, complies with all applicable laws and is legally sufficient for Board consideration and approval. RECOMMENDATION: That the BCC approve Collier County and the City of Naples Urban County Cooperation Agreement and submit to HUD. - Prepared by: Susan Golden, Federal/State Grants Administration Manager Operations Support and Housing Item Number: Item Summary: Meeting Date: Agenda Item No. 16A10 October 24, 2006 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A10 Recommendation to approve Collier County and the City of Naples Urban County Cooperation Agreement for the US Department 01 Housing and Urban Developmenl (HUD) Community Development Biock Grant (CDBG) program and submit the agreement to HUDo 10/24/200690000 AM Date Prepared By Susan Golden Community Development & Environmental Services FederalJState Grants Administration Manager Financial Admin. & Housing 1014120064:48:34 PM Denton Baker Financial Admin & Housing Director Date Approved By Community Development & Environmental Services Financial Admin. & Housing 1015/2006 2:44 PM Housing Development Manager Date Approved By Cormac Giblin Community Development & Environmental Services Financial Admin. & Housing 10110/200610:56 AM Constance A. Johnson Date Approved By Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 10/10/20061 :22 PM Date Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 10111/200610:45 AM OMB Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 10111/20062:47 PM Mark Isackson Budget Anatyst Date Approved By County M Imager's Office Office of Management & Budget 10/11/20064:54 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10112/200610:18 AM Agenda Item No. 16A 10 October 24,2006 Page 3 of 11 RESOLUTION NO. 2006- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PERTAINING TO THE CITY OF NAPLES' CONTINUED PARTICIPATION IN COLLIER COUNTY'S URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FEDERAL FISCAL YEARS 2007-2009; PROVIDING FOR CERTAIN COMMITMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Housing and Community Development act of 1974, as amended, makes provisions whereby counties may enter into cooperation agreements with certain units of government to carry out activities which will be funded from annual HUD Community Development Block Grant (CDBG) Entitlement program funds; and WHEREAS, on September 26,2000 and June 24, 2003, the City of Naples entered into three-year "Urban County" Agreements with Collier County; and WHEREAS, the City of Naples desires to continue participation in an amended "Urban County" Agreement with Collier County; and WHEREAS, the cooperation of Naples and Collier County is essential for the successful planning and implementation of the HUD Community Development Block Grant program under an "Urban County" designation by the U.S. Department of Housing and Urban Development; and WHEREAS, this agreement covers the period necessary to carry out activities which will be funded from appropriations for Federal Fiscal Years 2007-2009 CDBG Entitlement funds, including any automatic renewal periods. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. The Board of County Commissioners does hereby agree to adopt the Urban Cooperation Agreement with the City of Naples for the City to participate in the Community Agenda Item No. 16A 10 October 24, 2006 Page 4 of 11 Development Block Grant program for Federal Fiscal Years 2007-2009. Section 2. The Chairman is hereby authorized to sign the Urban Cooperation Agreement and this resolution and the Clerk of the Circuit Court to attest to same. BE IT FURTHER RESOLVED that this Resolution be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. This Resolution adopted this day of October, 2006 after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney Agenda Item No. 16A 10 October 24,2006 Page 5 of 11 URBAN COUNTY COOPERATION AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES THIS URBAN COUNTY COOPERATION AGREEMENT, by and between Collier County, a political subdivision of the State of Florida through its Board of County Commissioners of Collier County, Florida (hereinafter referred to as the "County"); and the City of Naples, Florida (hereinafter referred to as the "City"). WITNESSETH WHEREAS, the Housing and Community Development Act of 1974, as amended, makes provision whereby counties may enter into cooperation agreements with certain units of government to carry out activities which will be funded from annual Federal Housing and Urban Development (HUD) Community Development Block Grant program funds; and WHEREAS, the cooperation of the City and County is essential for the successful planning and implementation of the Community Development Block Grant (CDBG) program under an "Urban County" designation by the U.S. Department of Housing and Urban Development; and WHEREAS, the City has opted to be included in the Urban County Program for Federal Fiscal Years 2007-2009. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES SET FORTH HEREIN, THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AND THE CITY OF NAPLES, FLORIDA AGREE AS FOLLOWS: 1. This Agreement covers the County's and the City's participation during Fiscal Years 2007 through 2009 in the HUD Community Development Block Grant Entitlement program. Agenda Item No. 16A 10 October 24,2006 Page 6 of 11 2. This Agreement will be automatically renewed for participation in successive three-year qualification periods, unless either the County or the City provides written notice 90 days prior to the start of the Federal Fiscal Year that it elects not to participate in a new qualification period. By the date specified in HUD's Urban County qualification notice for the next qualification period, Collier County will notify the City of Naples of its right to be automatically renewed or withdraw from the Urban County designation. 3. Failure by either party to adopt an amendment to this Agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for the subsequent three-year urban county qualification period, and to submit the amendment to HUD as provided in the Urban County Qualification notice, will void the automatic renewal of such qualification period. 4. Neither party may terminate or withdraw from this agreement while it remains in effect. This Agreement will remain in effect until all of the CDSG funds and income received with respect to this three-year urban county qualification period (and any successive qualification periods) are expended and the correspondingly funded activities have been completed. 5. The County and the City agree to cooperate to undertake, or assist in undertaking community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. 6. The County and the City are obligated to take all actions necessary to assure compliance with the County's certification required by Section 104 (b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. 2 Agenda Item No. 16A 10 October 24, 2006 Page 7 of 11 7. This Agreement prohibits the City's use and the County's use of Urban County funding for activities, in or in support of the City or County that do not affirmatively further fair housing within its jurisdiction or that impede the County's actions to comply with its fair housing certification. 8. The County and City have adopted and are enforcing: a. a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and b. a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction. 9. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirements for a written agreement set forth in 24 CFR 570.503. 10. The County has final responsibility for administration of CDBG activities and annually filing the Action Plans with HUD. The City has responsibility for day to day implementation of its programs. 11. The County and City agree to work cooperatively on providing technical assistance in the planning, administration and implementation of CDBG Entitlement activities. 12. By executing this cooperation agreement the City expressly understands and agrees that: a. it may not apply for grants under the Small Cities or State CDBG programs from appropriations for fiscal years during the period in which it is participating in the Urban County's CDBG program; and b. it may use the funds received pursuant to this agreement only for HUD eligible uses. 13. City of Naples will receive its CDBG funding based on the HUD allocation formula for HUD eligible projects in Naples. If HUD 3 Agenda Item No. 16A 10 October 24, 2006 Page 8 of 11 determines that the proposed uses of the funds are not eligible under HUD guidelines and requires reimbursement then the City of Naples will immediately reimburse the County the amounts determined not to have been properly expended. 14. Intergovernmental disputes will be resolved through the procedures contained in Chapter 164, Florida Statutes. 4 Agenda Item No. 16A 10 October 24, 2006 Page 9 of 11 IN WITNESS WHEREOF, the County and the City have executed this Agreement effective as of the latter date written below. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA. A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Date: By: Frank Halas, Chairman Approved as to form and legal sufficiency Jeffrey A. Klatzkow, Assistant County Attorney ATTEST: Tara Norman, City Clerk THE CITY OF NAPLES COUNTY OF COLLIER, FLORIDA. A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Date: By: Bill Barnett, Mayor Approved as to form and legal sufficiency Robert D. Pritt, City Attorney 5 Agenda Item No. 16A 10 October 24, 2006 Page 10 of 11 lEGAL CERTIFICATION BY COLLIER COUNTY'S COUNSEL As the legal counsel for Collier County, I hereby state that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. Jeffrey A. Klatzkow, Assistant County Attorney Collier County Date 6 Agenda Item No. 16A 10 October 24, 2006 Page 11 of 11 LEGAL CERTIFICATION BY CITY OF NAPLES'S COUNSEL As the legal counsel for the City of Naples, I hereby state that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the City to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. Robert D. Pritt, City Attorney City of Naples Date 7 Agenda Item No. 16A 11 October 24,2006 Page 1 of 11 - EXECUTIVE SUMMARY Recommendation to approve Collier County and the City of Marco Island Urban County Cooperation Agreement for the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program and submit the agreement to HUD. OBJECTIVE: To have the Board of County Commissioners (BCC) adopt a Resolution approving the Urban County Cooperation Agreement for the Community Development Block Grant (CDBG) program and submit the agreement to HUD. CONSIDERATIONS: Collier County, along with the cities of Naples and Marco Island became eligible to receive federal CDBG entitlement funds on an annual basis through an Urban County Cooperation Agreement adopted by all jurisdictions in September 2000. The urban county partnership was re-qualified by HUD in June 2003 through the adoption of a new urban county agreement. ---- HUD requires communities to re-evaluate their urban county cooperation agreements every three years. Marco Island City Council will consider adoption of the attached Urban County Cooperation Agreement for fiscal years 2007, 2008 and 2009 at their October 16,2006 meeting. It is in the best interest of all participating jurisdictions to continue the partnership established for the administration of the HUD Community Development Block Grant (CDBG) program. FISCAL IMP ACT: The urban county partnership receives approximately $2,300,000 in CDBG entitlement funding with Marco Island's allocation approximately $70,000 as determined by HUD formula. There is no impact on general revenue. GROWTH MANAGEMENT IMPACT: The CDBG program is consistent with and supports the Housing, Future Land Use and Recreation and Open Space Elements of the Collier County Growth Management Plan by providing housing assistance, infrastructure improvements and other programs to improve the health, safety and welfare of the very low to moderate-income residents of the community. LEGAL CONSIDERATIONS: This request is internally consistent, complies with all applicable laws and is legally sufficient for Board consideration and approval. RECOMMENDATION: That the BCC approve Collier County and the City of Marco Island Urban County Cooperation Agreement and submit to HUD. - Prepared by: Susan Golden, FederaVState Grants Administration Manager Operations Support and Housing Item Number: Item Summary: Meeting Date: Agenda Item No. 16A 11 October 24, 2006 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A11 Recommendalion to approve Collier County and the City of Marco Island Urban County Cooperalion Agreement tor the US Department of Housing and Urban Development (HUD) Community Developmenl Block Grant (CDBG) program and submit the agreement to HUDo 10/24/2006 900:00 AM Date Prepared By Susan Golden Community Development & Environmental Services Federal/State Grants Administration Manager Financial Admin. & Housing 10/4120065:06:54 PM Financial Admin & Housing Director Date Approved By Denton Baker Community Development & Environmental Services Financial Admin. & Housing 1015/20062:45 PM Constance A. Johnson Date Approved By Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 10/9/2006 3:40 PM Cormac Giblin Housing Development Manager Date Approved By Community Development & Environmental Services Financial Admin. & Housing 10/10/2006 10:56 AM Date Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 10111/200610:43 AM Administrative Assistant Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 10/12/20067:51 AM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 10/12/20068:32 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/12/2006 10:22 AM Agenda Item No. 16A 11 October 24, 2006 Page 3 of 11 URBAN COUNTY COOPERATION AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF MARCO ISLAND THIS URBAN COUNTY COOPERATION AGREEMENT, by and between Collier County, a political subdivision of the State of Florida through its Board of County Commissioners of Collier County, Florida (hereinafter referred to as the "County"); and the City of Marco Island, Florida (hereinafter referred to as the "City"). WITNESSETH WHEREAS, the Housing and Community Development Act of 1974, as amended, makes provision whereby counties may enter into cooperation agreements with certain units of government to carry out activities which will be funded from annual Federal Housing and Urban Development (HUD) Community Development Block Grant program funds; and WHEREAS, the cooperation of the City and County is essential for the successful planning and implementation of the Community Development Block Grant program under an "Urban County" designation by the U.S. Department of Housing and Urban Development; and, WHEREAS, the City has opted to be included in the Urban County Program for Federal Fiscal Years 2007-2009. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES SET FORTH HEREIN, THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AND THE CITY OF MARCO ISLAND, FLORIDA AGREE AS FOLLOWS: 1. This Agreement covers the County's and the City's participation during Fiscal Years 2007 through 2009 in the HUD Community Development Block Grant Entitlement program. Agenda Item No. 16A 11 October 24,2006 Page 4 of 11 2. This Agreement will be automatically renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice 90 days prior to the start of the Federal Fiscal Year that it elects not to participate in a new qualification period. By the date specified in HUD's Urban County qualification notice for the next qualification period, Collier County will notify the City of Marco Island of its right to be automatically renewed or withdraw from the Urban County designation. 3. Failure by either party to adopt an amendment to the Agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period, and to submit the amendment to HUD as provided in the Urban County Qualification notice, will void the automatic renewal of such qualification period. 4. Neither party may terminate or withdraw from this agreement while it remains in effect. This Agreement will remain in effect until all of the CDBG funds and income received with respect to this three-year urban county qualification period (and any successive qualification periods) are expended and the correspondingly funded activities have been completed. 5. The County and the City agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. 6. The County and the City are obligated to take all actions necessary to assure compliance with the County's certification required by Section 104 (b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community 2 Agenda Item No. 16A 11 October 24,2006 Page 5 of 11 Development Act of 1974, and other applicable laws. 7. This Agreement prohibits the City's use of Urban County funding for activities, in or in support of the City, that do not affirmatively further fair housing within the City's jurisdiction or that impede the County's actions to comply with its fair housing certification. 8. The City has adopted and is enforcing: a. a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and b. a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction. 9. Pursuant to 24 CFR 570.501 (b), the City is subject to the same requirements applicable to subrecipients, including the requirements for a written agreement set forth in 24 CFR 570.503. 10. The County has final responsibility for selecting CDBG activities and annually filing the Action Plans with HUD. 11. The County agrees to provide technical assistance to the City in the planning and implementation of CDBG Entitlement activities. 12. By executing this program agreement the City expressly understands and agrees that: a. it may not apply for grants under the Small Cities or State CDBG programs from appropriations for fiscal years during the period in which it is participating in the Urban County's CDBG program; and b. it may use the funds received pursuant to this agreement only for HUD eligible uses. 13. City of Marco Island will receive its CDBG funding based on the HUD allocation formula for HUD eligible projects on Marco Island. If HUD 3 Agenda Item No. 16A 11 October 24, 2006 Page 6 of 11 determines that the proposed use of the funds are not eligible under HUD guidelines and requires reimbursement then the City of Marco Island will immediately reimburse the County the amounts determined not to have been properly expended. 14. Intergovernmental disputes will be resolved through the procedures contained in Chapter 164, Florida Statutes. 4 Agenda Item No. 16A 11 October 24, 2006 Page 7 of 11 IN WITNESS WHEREOF, the County and the City have executed this Agreement effective as of the latter date written below. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA. A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Date: By: Frank Halas, Chairman Approved as to form and legal sufficiency Jeffrey A. Klatzkow, Assistant County Attorney ATTEST: Laura Litzan, City Clerk THE CITY OF MARCO ISLAND COUNTY OF COLLIER, FLORIDA. A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Date: By: Terri DiScuillo, Chairwoman Approved as to form and legal sufficiency Richard Yovanovich, City Attorney 5 Agenda Item No. 16A 11 October 24,2006 Page 8 of 11 lEGAL CERTIFICATION BY COLLIER COUNTY'S COUNSEL As the legal counsel for Collier County, I hereby state that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. Jeffrey A. Klatzkow, Assistant County Attorney Collier County Date 6 Agenda Item No. 16A 11 October 24,2006 Page 10 of 11 RESOLUTION NO. 2006- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PERTAINING TO THE CITY OF MARCO ISLAND'S CONTINUED PARTICIPATION IN COLLIER COUNTY'S URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FEDERAL FISCAL YEARS 2007-2009; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Housing and Community Development act of 1974, as amended, makes provisions whereby counties may enter into cooperation agreements with certain units of government to carry out activities which will be funded from annual HUD Community Development Block Grant (CDBG) Entitlement program funds; and WHEREAS, on September 26,2000, and June 24,2003, the City of Marco Island entered into a three-year "Urban County" Agreements with Collier County; and WHEREAS, the City of Marco Island desires to continue participation in an amended "Urban County" Agreement with Collier County; and WHEREAS, the cooperation of the City of Marco Island and Collier County is essential for the successful planning and implementation of the HUD Community Development Block Grant program under an "Urban County" designation by the U.S. Department of Housing and Urban Development; and WHEREAS, this agreement covers the period necessary to carry out activities which will be funded from appropriations for Federal Fiscal Years 2007-2009 CDBG Entitlement funds, including any automatic renewal periods. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. The Board of County Commissioners does hereby agree to adopt the Urban Cooperation Agreement with the City of Marco Island for the City to participate in the Community Development Block Grant program for Federal Fiscal Years 2007-2009. Agenda Item No. 16A 11 October 24, 2006 Page 11 of 11 Section 2. The Chairman is hereby authorized to sign the Urban Cooperation Agreement and this resolution and the Clerk of the Circuit Court to attest to same. BE IT FURTHER RESOLVED that this Resolution be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. This Resolution adopted this day of October, 2006 after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney Agenda Item No. 16A 12 October 24, 2006 Page 1 of 3 -- EXECUTIVE SUMMARY Recommendation to approve a continuation of the Conservation Collier Interim Management Plans for Railhead Scrub Preserve, Otter Mound Preserve, Cocohatchee Creek Preserve and Malt property to June 2007 to allow for optimal public participation in development of the Final Management Plans for these Preserves and to coordinate a management agreement with Rookery Bay National Estuarine Research Reserve for the Malt property. OBJECTIVE: To receive approval from the Board of County Commissioners (BCe) to continue four Interim Management Plans (IMP) for Conservation Collier properties until June 2007. CONSIDERATION: In Section 14.1, the Conservation Collier ordinance (2002-63) requires that an IMP for each property acquired by Conservation Collier be submitted to the Land Acquisition Advisory Committee within 60 days of acquisition. Subsequently these IMPs must be approved by the Board of County Commissioners and implemented pursuant to the Board's direction. IMPs for the four referenced properties have been submitted and approved, and staff is implementing the plans. Final Management Plans (FMPs) are to be implemented within two (2) years or the IMP may be continued by affIrmative action of the Board. ~ Staff is currently working on the Railhead Scrub Preserve FMP with consultant URS Corporation. This FMP is envisioned to be the template for subsequent FMPs. Completion of this document is taking slightly longer than anticipated but it will be done by the end of the calendar year. Continuing the IMPs will not only allow time to complete the template FMP and additional FMPs, but will also provide an advantage for the public in that the two year submission due date for this fIrst group of FMPs comes during the fall, a time of year when many seasonal residents are not here. As these are the first of the FMPs for Conservation Collier properties, staff is eager to have as much public involvement as possible in the creation of these plans, considering all but one of these properties, Malt, are within the urban area and have residential and commercial neighbors. Continuing the IMPs until June 2007 will give staff the entire 'season' to conduct public meetings and refme the plans to best reflect public input. In regard to the Malt property, Program staff is also working with Rookery Bay National Estuarine Research Reserve staff, our management partners, to incorporate the Malt Final Management Plan within their own updated Management Plan, which will not be fInalized until June, 2007. FISCAL IMP ACT: There is no fIscal impact to continuing the IMPs for these properties until June, 2007. GROWTH MANAGEMENT IMPACT: There is no growth management impact to continuing the IMPs for these properties until June, 2007. ~ 1 Agenda Item No. 16A 12 October 24, 2006 Page 2 of 3 LEGAL CONSIDERATIONS: The Conservation Collier Ordinance 2002-63, Section 14.1, provides that the Board, by affIrmative action, can continue the IMP: No later than Sixty [60J days fi'om the date of acquisition, an interim management plan for any property acquired shall be submitted by County staff to the Land Acquisition Advisory Committee for approval. Upon approval, the plan shall be submitted to the Board of County Commissioners for final approval and shall be implemented by the County Manager pursuant to the Board's direction. Any such interim management plan(s) shall not be implemented for more than two (2) years after acquisition(}fth~ profe~~~ fri~~ tf!t~eexpiration ~[rn:.o f2J:J!,~o;rs, either a new management plan shall be implemented pr;~.I' tiltfr:'!!~@~.~~tiq!iot(lj~ lloqr:f{,16gi.~{e1:iirip{t.iil.slj~1l f~"iij~'~e; RECOMMENDATION: That the Board continue the IMPs for the Railhead Scrub Preserve, Otter Mound Preserve, Cocohatchee Creek Preserve and Malt property until June, 2007. Prepared by: Alexandra J. Sulecki, Sr. Environmental Specialist, Environmental Services Department 2 Item Number: Item Summary: Meeting Date: Agenda Item Noo 16A12 October 24, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A12 Recommendation to approve a continuation of the Conservation Collier Interim Management Plans for Railhead Scrub Preserve, Otter Mound Preserveo Cocohatchee Creek Preserve and Malt property to June 2007 to allow for optimal public participation in development of the Final Management Plans for these Preserves and to coordinate a management agreement with Rookery Bay National Estuarine Research Reserve for the Malt property 10/24/200690000 AM Senior Environmental Specialist Date Prepared By Alexandra J. Sulecki Community Development & Environmental Services Environmental Services 10/11120065:31:34 PM Constance A. Johnson Date Approved By Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 10/12120069:23 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 10/12/200612:54 PM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 10112/20062:47 PM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 10/12/20063:10 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10112120066:18 PM Agenda Item No. 1681 October 24,2006 Page 1 of 10 -- EXECUTIVE SUMMARY Recommendation to approve award of Bid #06-4040, "Traffic Operations Signal Components" to multiple vendors (item-by-item basis). OBJECTIVE: To supply the necessary signal components to properly maintain and repair Collier County's traffic signal hardware. CONSIDERATIONS: The Collier County Purchasing Department posted Bid #06- 4040, "Traffic Operations Signal Components," on August 31, 2006. Invitations to bid were solicited from 66 vendors, and 6 responses were received by the bid opening date of September 22, 2006. The vendors who responded were: Native American Industries, Specialty Lighting Solutions, Temple, Inc., Traffic Parts, Inc., Traffic Products, Inc., and Transportation Control Systems, Inc. Staff recommends that this bid be awarded on an "item-by-item" basis as described in the Method of Award section of the bid document. ~ FISCAL IMP ACT: Funds for annual signal maintenance and repair have been budgeted in the amount of$169,000 for Fiscal Year 2006/2007 in the Traffic Operations Operating Fund (101). GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid #06- 4040, "Traffic Operations Signal Components" to Native American Industries, Specialty Lighting Solutions, Temple, Inc., Traffic Parts, Inc., Traffic Products, Inc., and Transportation Control Systems, Inc. on an item-by-item basis. Prepared By: Sheila Convery, Traffic Operations Department Attachments: (1) Bid Tabulation, Bid #06-4040; (2) Recommended Bid Award, Bid #06-4040 ,-. Item Number: Ilem Summary: Meeting Dale: Agenda Item No. 1681 October 24, 2006 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B1 Recommendation 10 approve award of Bid #06-4040, Traffic Operations Signal Components to multiple vendors (item.by.item basis)o 10/24/2006 9:00:00 AM Senior Administrative Assistant Date Prepared By Sheila Convery Transportation Services Traffic Operations 10/3120065:49:37 PM Robert W. Tipton, P.E. Traffic Operations Director Date Approved By Transportation Services Traffic Operations 10/4/200611 :14 AM Barbara LaPierre Management/Budget Analyst Date Approved By Transportation Services Traffic Operations 1015/2006 11 :23 AM Brenda Brilhart Purchasing Agent Date Approved By Administrative Services Purchasing 10/5/200611:29 AM Mike Hauer Acquisition Manager Date Approved By Administrative Services Purchasing 10110/20068:59 AM Steve Camell Purchasing/General Svcs Director Date Approved By Administrative Services Purchasing 101101200610:45 AM Norm E. Feder, Alep Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin. 10!101200611:14AM Sharon Newman Accounting Supervisor Date Approved By Transportation Services Transportation Services Admin 10/10/20063:51 PM Pat Lehnhard Executive Secretary Date Approved By Transportation Services Transportation Services Admin 10/11/20052:36 PM Approved By OMS Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 10/11/20062:44 PM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 10111/2006 3 :55 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10111120064:44 PM .--(O~OJIO OJ 0..- .. .. (OO."~~ ..- N ~ 1il ";;; ci-i'c.1l)~8 ZNi g~ EID O::f/) Q) ..0 III :E ==.8 &ID roU J)! -00 0 C Cll (j) a.. 0) <( -II) C Ol e o 0- E o oUo ~ <<i ." 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OJ ~ I:: '" ~ '2 E .!II ~ Q) '" Q. ~ ~~ 0 Recommended Bid Award #06-4040 "Traffic Operations Signal Components" Agenda Item No. 1681 October 24,2006 Page 7 of 10 Vendor Name: Native American Industries CCTO # Descripton cero 3042 3-Section Traffic Signal Head, Vertical, LED, Black Aluminum, Solid R-Y-G Bid Price $325.27 ......."'''.............,.......--.......--..-...................,.........,................-...............................""".,,,..................,,,.............,,..................,,........,...."..........................."..............,.........................-....-.............,.."..............""'..._,...,....".........."..,................,............,"'...,,..."'''.....,...........''.............-..'''''.......,.......................................... cero 3044 3-Section Traffic Signal Head, Horizontal, LED, Black Aluminum, Solid R-Y-G $325.27 -.."'''-..........................,-.....-....-................-....,,---..................,.....'''.......".,........."............-.....-......'''.......-........."..-.....,,....,......,....-..-................--..."...................-......,....-.-...-...............-......,-...-.............................-.-................................................"..,...........,.....-,..........-.......... cero 3046 3-Section Traffic Signal Head, Vertical, LED, Black Aluminum, Arrow R-Y-G $247.28 .-""'.....-.."-.....-...................-...............-.....-..........,,.........................................................'''...-....".................,.......-...."..........'''......".........".......................-......,..."........."..,..........."."......................".,.....""......,......."."..........................".............,,,...,..............."...,,,....,...,........-..'..............,......,,......,,....., cero 3048 3-Section Traffic Signal Head, Horizontal, LED, Black Aluminum, Arrow R-Y-G $247.28 ........"............"".....-.................-.-"'''.........-".....-.......,...............,...........,....-................".....,"'....,...,.......".,............-...........".........."'""..'''..,............".....,.......'''.......-.............".........-,......"....-,,-..,..,"..............-.........................................,.................,."....................,.....".-..,-...............,...,.................. cero 3052 5-Section Traffic Signal Head, Horizontal, LED, Black Aluminum, Solid R-Y-G + Arrow Y-G $477.10 ......-.-...............,..................-."-....."'''....."........"..-.--..............,,...................-..-."....."........."..............'''''............................,...............,_,.........._"......................,_"._..,...._....._..,........__......,...."..........".......".__..n......'...................."..................".."......,_...."......,.._........,..".."........_.......". cero 3054 5-Section Traffic Signal Head, Vertical, LED, Black Aluminum, Solid R-Y-G + Arrow Y-G $536.12 ...............................".............,.......,.......,......''''''.'H........'..............."...""...._"......."..,..........._'......'H..........."........'...........'.................................."."_...,..................,_......,............".......".............,,......._....."'."'..."....'''..............'''....".........__..,......,...........'''......._........."._..""'.,..'''.........,....._..................,...,..........._.....". Vendor Name: Specialty Lighting Solutions CCTO # Descripton cero 3066 135W Incandescent Duro-Test Signal Lamp, 3-inch Bid Price $4.49 ..........-...-,....................-".......".........,.."..".."......-..........,.....".".......",,,.,..,,"...,,,......,..,,..,...,...,,.........,,....,,.........,..,,.............."',..,........,,,..........,,....,,.,,._,~..............,..........._..........,,........."................."...........,........."......"......_...."..""......."................"....,......."'...,........"..............__..................H........'.....".."'................. cero 3067 68W Incandescent Duro-Test Pedestrian Signal Lamp $3.99 ".....,......,.......,............."......_..........._...."...".".._,....~,........"....",................,"'...........,........".....""........."',..'.........",..."..._"..,...,.."-....,."'....-........,"".,.........,,,.......................-.-,.........,....-............"......,........,.......,....,.......,.................................,-......-....''''...'''..........,...."........-...............................".'''.".....""......... Vendor Name: Temple, Inc. CCTO # Descripton Bid Price cero 3002 Traffic Signal Controller Cabinet Assembly, NEMA TS2-Type 1, SCOOT Spec $8,980.00 ."'........_"...,,,................................'.......H.......'''.............,...,..,,.".........._......."......."......."...."..."..".........."......................"........,........,..".......""............,...,.."'......._.................................".................,....._...,..............".."..,.............,........_.......,...,..............".....".,,,,,,..........,...,....,,.......................,,..............,,,,..,,......................,,,........ cero 3003 Traffic Signal Controller Cabinet Assembly, NEMA TS2-Type 1 $8,210.00 ,.............".......,...."..,_..................................."."..,..........."......,"......."....,..",.."..,...."..,...,...........,.................,."............,,,.............,..........-...".........."......"".........,.......,.............""'.........,.......".......,...................".......".,''',...........''''..........-....."....''....""...............,,,...........,,....,,,.........,,.................,,,.....,,.....,,,,........-"............,...,...,.. cero 3004 TS2 Cabinet Detector Rack $154.00 ..".""......,..".."...,....,_......."....................."....."...,..........."........"...."",....,..,....,......,................"..",."..........",.".,,,,,..,,..,,,,""'"........"."............"................,......""....."".,,,.......,,....,....."............".,........".....,....."........."",......"...,............,........,.....".",....,,,.,,,..............,,,,.,,,,..,......................,..,.,,,,...........,.............."""."...-."....,...""..."'.... cero 3014 TS2-Type 1 Traffic Controller, SCOOT (EPAC 3108 M51) $2,318.00 ......"........."".."."",.................."...."................."..."....""....,......",..,,,,,,,.....,,,,,.,......,....,....,,...,.......................,,.....,,....,,..,,.""..."",,,...,..............,,.....,,........,,..............,,.................,...,,...,"...................",....,.......,...."..............."..,........................,..."...".......""....."."...,.........,....."..."..,...,,,.,,,,,...................,..........",......,........",.."...........,,,.. cero 3014 TS2-Type 1 Traffic Controller, SCOOT, with FO Modem $3,820.00 ........".."..,.."....."..".-..............,..."."...........................".......-...".."'..,....."."........,........."...........,,",..........,....".....""."...,,,'......,....,,,,,....,,,,..,,.,,,........."'.................,,,,,...,,....,,,...."......"......"..,......"",...,.......,...,..,.........,,,,,.......,..,,,,..,,...",....,..........,.........................""".,,,,.......,....,...........,,.......,,........,..,..........."".-........."...,...,......."..,. cero 3014 TS2-Type 1 Traffic Controller, SCOOT, with Communications Board installed $4,068.00 ..",............"..,,,..,,..,........,,..............,,.,,"............................,,,.........."......,...,......"'............-......'''.."........,.....'''.,..''''...'''..."..........-."'"'...............,...........,...,."'''......,,..,............,....,,"........................,.......-..........'''....,....''''.............",,''''........-..."......,......"...""....,..""".......,..,....,......,..',,,'.,,................,,............,........,,,....,,...,,......,,..,,,,.. cero 3014 TS2-Type 1 Traffic Controller, SCOOT (EPAC 3108 Mt51) $2,442.00 cero 3016 TS2-Type 1 Traffic Controller (EPAC 3108 M41) $2,188.00 ................."...".."....-................,."..."....""........................,.....""".,,,....,..,,.................,..,,,,,..,,...,..,,..............,............,,.,...."......"."".,.,..........""....."............,,,.,..,,.......,,..,.......,,..."......."....,...",.."......................".",..........."."".',........,".."............"..,........,..................".......'......""............"..".............."."........"..,..........................""".,,,,. cero 3017 IFS Single Mode FO Repeater, D9130E $900.00 ,,,..,,,.......,,.....,,......,,.....,,..,,..',,.....,....,,.....,,,,,-_.....,,...,,"...",,......"....,.....,,,,,,,...........,,......,,,....,,,....,,,.......,.....,,...,,..,.............,.."....",..",....",,,,...,,,,......,,,.....,,.......,,......................,...'''..'''.............''................''''."..''"''...........,...."..,..-.........,....".....................,...,...........-,.."."..".........,..'''''...........,..,'..."...".,,,..,..,......,'......,...,,.....,,,,.. cero 3024 ED! Malfunction Management Unit (MMU), 16E $563.00 ......,,,...,,,,......,........,,.....,......,,...."'.................,......,....,......,,,,,-"",...,,,.......,,.................,,..,..............,,,,.....,........,,....,......."....".."......".........................".......".".."...,..,,,...,......,..,,...."............."...,........""............."."..".........,,"....-...,....,...............".-.".."......."'......"".....,......"..''''....."..",''..............,"..............,.........,..."..,..........,.....".. cera 3030 Solid State Flasher, EDI or equivalent $19.00 cera 3036 TS2 Cabinet Power Supply, Eagle CPS 102 $250.00 cero 3038 Bus Interface Unit, NEMA Standard TS2, Eagle BIU100 $156.50 ......."........'H..."._........."'.........,..,.....................................""._........."."..,...."............"""..............................................'..."...........".".'''......."..........."..._............."..".......''"'...".,...."..''''''...........,.."..,....''''...".."_...."................."....''''........".."...,,....'''..............""".,........""....".............,......,............,....._.""........."..",...,..,....,........ cero 3056 Solid Traffic Signal Lens Retrofit Kit, GELcore LED, 12-inch, Red $43.00 cero 3056 Solid Traffic Signal Lens Retrofit Kit, GELcore LED, 12-inch, Yellow $53.00 cero 3056 Solid Traffic Signal Lens Retrofit Kit, GELcore LED, 12-inch, Green $90.00 cero 3058 Arrow Traffic Signal Lens Retrofit Kit, GELcore LED, 12-inch, Red $38.00 cero 3058 Arrow Traffic Signal Lens Retrofit Kit, GELcore LED, 12-inch, Yellow $38.00 .....".................,..'-,......,......"'.....................,................"',,,..........,....",,,......,...............,,,..,,....,...,........'...........,,,,............"..,,,,,.....,,,...,,,..,,,...,....,...,,,.....,,......,,..........,,,,,'...".".........."..'"..,.....",.."....,......."..,.."""......,_"......"...............,.....,,,.......,,,.....,..,..,,................,,...,........,,..........'...........a......."............".................,.........."..,,"'...... Bid #06-4040 Per Item Award, Page 1/4 Recommended Bid Award #06-4040 "Traffic Operations Signal Components" Agenda Item No. 1681 October 24,2006 Page 8 of 10 Vendor Name: Temple, Inc. (continued from previous page) Bid Price CCTO # Descripton $52.00 cera 3082 cera 3058 Arrow Traffic Signal Lens Retrofit Kit, GELcore LED, 12-inch, Green Signal Head Mount for Mast Arm, 3-section, Pelco $142.00 -.."".....................-.-.......---....-..,........................'''''....--............-.....................'''...................-.....''''.......-'''.............'''''......,......"""..........,...............".."..............""'....-..........-..".....".-..........."".........,..........................,..,,,""..........,,....,,.......,...........-..."..,...,..........._"'............................................ $115.00 cero 3094 cera 3086 Signal Head Mount for Mast Arm, 5-section, Pelco Signal Head Auxilliary Extension Bar, 6 feet, Pelco $20.00 ............................_.........__......__....__................._......_.............................................._......."......."'...,..........................,..".......,.........""..............................."............."".....".........................,...._.......""'......""................N........_.."'.~.....,,........".....H."....."......'"..............................".................,.."'......._.". ..............."""._......_.,""...._...___._"'........__............"'".."""...._..""""'......."..""..'"..""..."",....."....'........."....''''........''.......'".",,..,.,,.,""...""_....,..""H,,..................N'_.....".."..........,,..~..~......_.....".........."..~....."._"...._........."..._..,."".......H..H......_.."............................"....................__............,...." $3,350.00 cera 30102a Video Detection System, Iteris Edge2, color camera .........._........._......._.._...___....._."'...."".......".""...'"........,........."...."'H......."...."".."...'"..".".........,""".._,,,.........,..,..,,,..,,..._...~."..H'''..H_..''.''_..,.........,_......'"..."'''......~N''......''.....,'''..".......,,"".._"......'""...,,,........................,,,,........,...,,..,,...,,............"'...'"........""--...--........."..."..,.............-..."-- $130.00 cera 30102b Mounting Bracket, Mast Arm, Pelco ..............~..~"_........."....._._......._.........._...",.~..".,.,,,......"....'H......."'....~........"..'.N..".....'"."'..."....-...."...,......"."..."..."...."".....,,"."......"........""..",..".."'......."".....".,...................,,,..,,,,.................."......"""........"....,...'........",.....~........"'".".........,...........,,......"..".."....."........._."...~..,_.............~....".....,,,..,,..,..- $114.29 cera 30102b Mounting Bracket, Strain Pole, Iteris $230.00 cera 30102c Video Cable, Composite 8281 Coaxial, 250 feet ..........._.........___...."._........_...__,_,................'"'".._._.............,..."....."......_.......~.......'N...._............................_.......""."....."........",..,......._.......................................~...."......"~....",,....".........."".............."....._..."........................_................-............._..___...__................-..........-.......... $369.25 cera 30102d Surge Panel, 1 Camera, 9" monitor, Iteris $369.25 cera 30102d Surge Panel, 4 Camera, 9" monitor, Iteris $906.50 cera 4002 cera 30102e Video Detection Unit interface, Iteris Vantage Pedestrian Detector Pushbutton, Stainless Steel, Pelco $33.00 .."".._.._......"H.....~"......_.__._."._._........................".."""........,,,.......~............"....'....""....."."',."..........~................."".,,"..,.......,,,....,_..,,.........~,,..,,..,,..,,~.........,,,,....,,,,..,.".,....,,,,.,,,,.........,,_,,"....,.".....""....."..~............."..........".."..."'....".........",.....,,.._""".,.._........".._..._..'"._........."._".~....."..'''..''..H''..... cera 4006 cera 4008 cera 4011 cera 4014 cera 4015 Pushbutton Saddle for concrete strain pole mount, Pelco $5.00 Pedestrian Traffic Signal, LED $125.00 Pedestrian Traffic Signal, LED, Count-down $223.00 Pedestrian Pole, Spun Aluminum, 7 foot, Pelco $84.00 Pedestrian Pole, Spun Aluminum, 12 foot, Pelco $147.00 $95.00 cera 6020 cera 4016 Pedestrian Pedestal Base, Aluminum, Pelco Mast Arm Sign Hanger Assembly, Cable Mount, Aluminum, 12-inch tube, Pelco $75.00 cera 6022 Mast Arm Sign Hanger Assembly, Cable Mount, Aluminum, 18-inch tube, Peico $77.00 CCTO # Vendor Name: Traffic Parts, Inc. Descripton Bid Price cera 3028 cera 3032 Load Switch, Solid State $19.75 Controller Cabinet Lightning Arrester $38.00 $4.50 cera 3060 Traffic Signal Closure Assembly, Aluminum, 1-3/4" x 2" $4.50 cera 3062 Traffic Signal Closure Assembly, Aluminum, 1-3/4" x 1-1/2" $15.50 cera 6054 cera 5102 4-inch Box Fan 1/4" EHS Utility Grade Galvanized Steel Strand Vice $575.00 cera 6056 3/8" EHS Utility Grade Galvanized Steel Strand Vice $1,000.00 Bid #06-4040 Per Item Award, Page 2/4 Recommended Bid Award #06-4040 'Traffic Operations Signal Components" Agenda Item No. 1681 October 24, 2006 Page 9 of 10 CCTO# Vendor Name: Traffic Products, Inc. Bid Price CCTa 3012 Descripton Dual-Channel Detector, Rack Mount, Sarasota 222NT TS2 GP7 $242.00 "...."--~._-"....._."._..."._."".....__..."........"..".......,,....,..._................-..-....-....-........""'...................,..,......"..".............."..............,............."............-.......--.............................................,-....-......-....-.-........................-........-.-..........-........'''......."...,...........,.............-........."".....,............. $24.00 CCTa 3034 Flash Transfer Relay .....-.................--........-.--..--.....-......................-....-......................-......."'.......-.-....-..............--.........-............-......"'''..........-..-.............--...........-.............-.-....-.......-...-.".............-.................,..................................................._..........._.................M............"".....,..... $377.00 CCTa 3036 TS2 Cabinet Power Supply, Econolite PS 2412 CCTa 3038 M_"._M""_.."..-........-__.__,.....__.___....._..__.............."_..._M'...._._,.......,.....".......................".._""'..."..,_.......'"..,..........,..........._,........_.__........_..............,_".."...."__..."...............,...."'...,..,,..'"...............,..,........_........_,........'''................._.._......................"...........''''.. Bus Interface Unit, NEMA Standard TS2, Econolite BIU-64 $189.60 ..............".."__"..__..._.........."._..._............_"...M.._..............,,.........,..""........_,_"............_........._........,..........................."'..._.............,................"_,...._.._.."."........._............_..................,,.....................................__...............,............,...............,..,............_._...,........._........_......."..,. CCTa 3039 Traffic Cabinet AC Power Line Filter $35.00 CCTa 3080 -......-.....---...--......".-...-...................,.......-......"...-..........".....,"-..".-.."...."........""....-,.......-......-....",,..."'.....,...............""..............,.,...,_...~".".............................".............,....'...'....M....._........,......,.._........_..."................"....,..."........"........."....._..........."'................M......'.... Signal Head Mount, Bracket Mounting Assembly for Mast Arm, 3-Section Signal $91.00 -."--.,-....-...,.......-..........................'''..,......"............._.....__.......,,._"..._,__...............,.......',........"........,....",.....,"'.."......'.......M......_,....".....,........_..._M.."..._........'''..._....'''''..."........,....,,__.......".__.~....._....,.~........"".................,...."....".."".........._.........~,_....,,'.......,....".........,.."'.._ CCTa 30102a Video Detection System, Econolite Autoscope Solo Pro $3,625.00 _................"....__""~~..._.__"~"._..".."..............__...'_,,.._"'..._M................_.M"_......................,........_..."""".....,......._,..._..._.....,_...,.........,,__...__,..._..."'___......""...,........,..__"""....,...........,...........................,........""'.._'''''M..''M..._....__M......................._''''........"".............. CCTa 30102b MVP Horizontal Bracket, Mast Arm $68.00 .---.......-...".....-......-...-..-"......-.....,-"--........"......,....."'''......"...--...~""............_.........._--"'.".__..."...._.."........,..,..........,-"..,....,........,.."..............-.....................,....."'.....,..............-,...,...".....,...........................'''....-..............................-...''''"...............-...............".............. CCTa 30102b MVP Vertical Bracket, Strain Pole $89.00 '__..M_..._M..___......__..M'...""'.""".M......_...'__....",...,....,~.._......,_".........,..........,_,.....,,,.,_.........M'_..'.._~...,,..,,.,,....._.,,"",.......,."....,_''''._.,......__.......".._".......,......."...._.._...."......,....".............."......".................M"......"..._......M...'......._................,_._........................ CCTa 30102c Solo Pro 60-foot Cable $199.00 ...."_.....".~._........___........."....,,_.."'.,,.._._"...M"........."._.........,"..."........._...........'.....__....._...~"',.......,......,...........""....._'......"..................,."'......"._...,........."._...."..,......._.__..".._................""...'''''......'''''...."....,........'..M..._...''...................,......"......._....."....."._........__....._."',..""....... CCTa 30102c Solo Pro 100-foot Cable $260.00 .......~.............""_....__......."..,.........._"......M..._.._........"......._.............,........._....."....,................._........."....".._.........,..,__....,....,..,................,....".."..'...""M"..."...........,..".".............,.."'.............."..~.......""'....,................"....,...."....,..,,......................_...,................'".."..............""."_........~........",,.....'...'M..'..... CCTa 30102d Communication Interface Panel, 1 Sensor $636.00 .....,...._.................'___....M....................".........................,..."'''................"'''"....".'''''.........".."................".......,_...,...."............_...._....".."".....,,,...,...,,.......,,,,,,..,......_,,......,...'......""M.................,,..,,..,.""...........,...,....,......"..."...""................"."..",,'..""....M."......".,.....""......."....,....."__....M..'..."..........."....."''''"..""........ CCTa 30102d Communication Interface Panel, 4 Sensor $1,050.00 .._.'"...~....".._,,,..................,..'.......M...'.....,,.....___........,,..."....M",..."............."...,........"...........,..".....""".""."...."..............,......""........,...""'....."".........."....,.......".........".._.~.."'...,,"'_,,.................,.....'.""'M.'.."...._......,........"..."".......".."'....,...'''.......'''''''''M..,.."'........._...."".............."........"...".........................,....,..... CCTa 30102e Detector Port Master $S65.00 .."...,......".."--..."'.....-..."......".......,.."...,...-......''''..-......,,...........,......,,,,,".."..."'M"_'..M.......'''..,,,,.,,..,,,....,,..,,,..,,....'....M'..''.._.."._,...........,.....""...._M...._"...'..,....._.............."'..............."...M........"'."......M..."...........,.,......,......"."..M......._.......,..,......"............,............."..."....."..............._..,...._.....,_,.....,............"'''M' CCTO# Vendor Name: Transportation Control Systems, Inc. Bid Price Descripton CCTa 3012 Dual-Channel Detector, Rack Mount, Reno A&E G-200 $129.00 "....-..""........",.....-...-........................".."'.................,.......,..."..............".....,....,............,..."'_".."~,,..""'....'.M.'..."'.,",..........."""........."._.........,.."...,.....,.."............,,..."'.._...........~.........'"......,.........".."......""......................'"..,....".,,,,.........,,.....M......................'M...."..'......."'.._,..,"_...""..,,,...,,._.......'~""".......".".._. $867.00 CCTa 3024 Malfunction Management Unit, Peek TS2-MMU Double Diamond ....,,,...........,"'_...'..MM.."..."'.................,,.......,...............,,,.,,.......,,..'".,......,_...,......,...."..."..."....'''''.."..........".''''.".....-..................".M...._...."."..,_,.."",....".....,,,,,..'......M..""M.....'...............".....".,..........,......."...,...."'..""....".,....,,,...,...,...,.......,...."....",..'......."..,.......,....."'.M"........"",....."",,,..,..,,......'"..,""~........._......_.."."M.... $35.00 CCTa 3026 Low Voltage Surge Protector, Isolated Pedestrian Circuit Protector ..""'"...M................".MM'......~................,.......,,,........_"".."..M'..........,..,',........."..M.........,..""'..".......M........".,..,,',,,.~,....,.."............".""".....,...................,..,....,................."........,,,,,..,........."",......""'........,...............",......".",...........,........,....",.."",,.............,.,_",.."......"...,.."".."...."........'"........"......,..".."'....,,,..,,....._..",,,,,,.,,............. $10.00 CCTa 3026 Su rge Protector Base ...."...._''''.....''''_.......'''..."......."..................."..............''..'''M''...,..."..........,.".'''...'M....M.'...'''',......".""..........""....,,,......"..."....,...,..""".......,.."...,..,.......""...",...."',....."'..,..."..,....."'.................._..,,,..._.........'''.''''...,,.........,,.........."...,...,.....""..,.....".,..."...."...,.......,.,........""""'.....'M"'...."......M'....".,...,...'...........M"......"....,...,..,....,,, $31.00 CCTa 3037 Traffic Cabinet AC Surge Transient Protection Device CCTa 3038 .......~._.,,,......,.......,,._............_................__....,,.._"._"............................."...-.....-.................."...-......"....................,...._._....._.._........,...........___...........'..""....._........,...,.~..........._..........._M._"....._....".._.....M.._......._................"..".".......".~,..............""'...._....".......,..........."..."........... Bus Interface Unit, NEMA Standard TS2, Peek BIU 100 $250.00 ..___..."'........................."'M...........,........"........M....................."....,......,.....""....M'........."M.............."...M..'.............""......,",...,_.....'''........._....,...........".."",...'.......M...."................................................."...........'"_...M............"....."........"..."''''M...''....''.......,...,..,....''.....''..M.....'''........'M"....."........."................."..,........."'''........,...... CCTa 3064 Traffic Signal Closure Assembly, Plastic, Pelco $2.00 CCTa 3070 ..............,...........,.........................."'"............."..............".............""....."....'....,"'............."..........."............"....."........."",..""......._..."."..."'~.......................,"..".....M......'...,,""....~.,~.........'".........".."......"....,......"."M......................,'".,,,....,.....~.............,.................,................"_."........."...........~,,,...,,............,,.....,,._......,...~'...'...... Signal Disconnect Hanger, Pelco $82.00 ...."..................,......"..,_.....~..._....M'."....................._..._,......."...........",.....,..,...........",,,,,.....M..................,......,,........,,....,,..........."...M....._..............".."'".,...""........"'.",.........."."..,~............"...."........".........'''._....'''.''.''.M..........,..."......,..".......''''''''....''''............,........,...,..,........,...."........"...,,,.,,..,,..,,,,,..,,,,,........'...,..........."""'.,, CCTa 3072 Tri-Stud Disconnect Hanger Assembly, Pelco $46.00 CCTa 3076 ..",.."......,.""....~.""'..."....,....,."'...."...."........,,......_...,,..........................................,.........."'''.......-..........'''.."....'''''..'''''.._.._..''''',.............................,.........,...,.."'''_...."..............~...~"..".....,".....".,............'M.'.."""....~...........""..."',....."....,...."..,,.....""."...."...."'.,"'...""'"....",,,........,..".,,...'..............,,,......,,..............,,,...."......",..... Signal Head Mount, Pelco $200.00 ......."..."..""'...,..,....-..........."..,..."'.....""'...".......-..........,...........,-.M..................................................."."..........."..",.......".....................".....''',..........".'''........._"..,...........,.."_.~........,....,..'''"....,,..,..................,......,,,......,..',,,,..,,......................,....,........'''M.........'''''M...''..'''.."...."'""..,...........""....."..."......,........,.......,,"'....."'..... CCTa 3082 Signal Head Mount for Mast Arm, 3-section, Pelco $142.00 ....'.M'.............M.'......."".......__................M......._......._"......M..-......_."........."M......,..........."''''..._...'...'...._M__..'.....M..._..''....................,.."...,.......""....,...._......."......,....._...........'"......._...."..".................'''....................."....................'M......_"..."'...._........"........."......,......_"",.."..............M".............."...."........ $115.00 CCTa 3086 Signal Head Mount for Mast Arm, 5-section, Pelco ..............,.."..........."'.."...._.._.......M........".......,."...."..............,....".....,_,............."...................................,....."'....,..."............M"....'''..".....,''''''"".M......"..................".,...,......"......",......"........"...,.......,_."..............,.......,.......".....................,............,..._.,.....,.............".....,...."..."....'."'..M..'...............'M........."..............".......,........ $152.00 CCTa 3088 Signal Head Mount for Mast Arm, 5-section, Articulated, Pelco "'''_.M_..'.''''.......,..........,_,.._.._........_........,..............._"................................,.......,.........."................................,,,....".....".M"..............................M...,......."..."........"',.........."'.......M"................."'"......"........".."M....'...'.....~..",..."..............,........"...."...'...."..,..,"",.......,..,'"..........~,,,............,......,,.,,,,............,,",,...,,'.....,,.......,,,,...... $43.00 CCTa 3090 Tri-Stud Upper Arm Bracket Assembly, 2-way, Pelco CCTa 3092 .."..."................."..".M".............."....,............."."...........".""..,..,,................."..."..,"',."'""...".......,....."'...,..............."..........,,...."""'..""""..........".....,""........"'''"..",,.,,..,.......~........,_........,''............."."',....,..,.""",.......".."",,......,.~.".................,.....,,......."....,....M......."'....'""",......",,,,,,............'M...."."..,,..........,,,,,,..."..".....",...".""',, Signal Head Auxilliaries, Extension Bar, 2-way, 6-foot, Pelco $20.00 ..""....,.......,....,......"...,.."".'~"'M..."..."'....."......"'_....""".........,".........,............,..,....,..,,,..,..,,_,,,.,,...,,.........",,..........,,,."""..".".."".""..."................"....""............".."'....................."...."........"'.....""'...'.'''M''''''...''."....,.......''''.."..".."............"......,......."...."'."'..._....""."'.."....."".".....".....".....,.".'.."........M."'..""...."...."",,,......,,... Bid #06-4040 Per Item Award, Page 3/4 Recommended Bid Award #06-4040 "Traffic Operations Signal Components" Agenda Item No. 1681 October 24, 2006 Page 10 of 10 CCTO# Vendor Name: Transportation Control Systems, Inc. (continued from previous page) Descripton Bid Price cera 3094 Signal Head Auxilliary Extension Bar, 6 feet, Pelco $20.00 cera 4002 ,.....".........-"..-....-....................-..'''.....-.-...-........................".-...........................................-....,...............................'''............."'''..............................................-....'''............................"..............,,,..,......,,,.....................,,.........................................................."....,.,,,,,.........................,,..................................... Pedestrian Detector Pushbutton, Stainless Steel, Pelco $33.00 cera 4006 ............-..."......-.-......................-.....,..............,...-".......................,...............-.......................................".......,......,.......-...........................................................................""..."....."............"..........."..."..............".."...,....",....~...~.,~'..~~...~..,,,...._........''''''............_'..._.........~................~....._......................''................. Pushbutton Saddle for concrete strain pole mount, Pelco $5.00 cera 4012 -....,......."...'''....,..-.....-............-".......".."''.....,..,,............''''....".....~....._.......,,,......~.........'......~..,,""',,...,,..,,.......,,...........-,........,_.......".........,...""".".."".....'.~.,...,,..,",...........................""............."............."..',..........._........',.......'-,~........,...........................,..""..-......."............"..........................................'''.-."...... Pedestrian Traffic Signal Post Top Adapter, Pelco $35.00 ................"_.._.........--._...................~....._........."........_..._.........._............~."._........_."...........".."....."......".............................".........._......................~..............".."...................................................._"..................."..-....................................................."'...............................................-...................................... cera 4017 Reinforcing Collar for Square Pedestal Base, Pelco $42.00 -.............."..................-..-..............................,,-................................,...."'....................,........................"""."""'..........................,...,.........,,........."..,..''''.,.........."..........,.......".....................-.....-..................""".........................................................,..................."...,"".......................".........,............-...,."...............-........'''..... Internally Illuminated Sign Lamp, 85W, 72-inch, Phillips $8.00 cera 4026 cera 4028 ""-......."..,..".............."..-.......-.....-.............-.....--...."'."............""''''........,."........."...'''.'''.".....'''.....-....''..''''............''....."........."'....-"""......-........"................-.....,.................,.""..."..."."...,..".............."........,,,,,.,,..............,,............................,"'..........."........".....................,......,..".............................,......,.....,,_. Internally Illuminated Sign Lamp, SOW, 60-inch, Phillips $9.00 ....-.......-......-.........................-.......".....-.......................-................"..............".....~.........~....,..........................._........"'......".......'...._...........,..".............".....,...~....,.............."........................._."...".........."..,.............""..".....................-..."........."."............................,......."..--......................-............-..."......... cera 4030 Internally Illuminated Sign Lamp, 110W, 96-inch, Phillips $12.00 cera 4032 ...........-...,....,...-......".......-.."".-.............."..............--.."...,.............."...-.."..................,."........."................'''.................,...."............,...--.........,.................".-...............,.........".........""......"......"................."..,......."'.."...........""'.............""..........""..."".-...".....,,-.......................,..-................................................ Internally Illuminated Sign Photoelectric Control $11.00 cera 4036 _..............."......_..."'......_..,_..~..............'............."...................................,....._..".......,.........._.".............._".....~".............."..'...,...',.....'"...,...."'..".......,."......."..,,..,....,......................................".......,..........,...,,,..,,,.....,..........,,,.......".."....,..................,,...................."",,,..,....,,......'........................,.....,............,...................m.... Internally Illuminated Sign Ballast $40.00 ..........-....."....-...................,.......-.........,....."..........."".......""...~.,......"'...,...,.......................,..........,"""......"...."................,,,..,..,.,,.....,,~......,,....,...,..,,...,...'~....'........,.....,,,...,,.."'........,,,,,............'......,.,,...........,.........,,...........,,.....................,.,,...................,,,.....,,,,,..........................................,...,..,,,.............".....................,......."...... cera 5104 Adjustable Thermostat, 120V, 60Hz $16.00 .......,..-,".........-........................"'...........-.....-.........................-....-."...,............-........"....,............................".........................-...".............."..."..................-.............................................-........".."......................"......................"..........,........................-....."............,".....,-.........,.............."..-.............................". Span Wire Sign Hanger Assembly, l-way, Pelco $76.00 cera 6000 .........,......."..".."_..."..............,,...............,,_..........,..............................-.........".................................."".,......."....,.."'''''......,..,,............................,..................."..'".......................".........."....................,"....."',.."................."""".......................,"".".......".......""....."....."".........."..",....,..,.".........."..............'......'........"........,...."...... Span Wire Sign Hanger Assembly, 2-way, Pelco $105.00 cera 6002 cera 6020 ..........-......,............,.....,...-....................,..,--.""'.....''''''''......-".,....,..-.............................."......"....."........'''.........",'''.................-..."....,...".............-.......,....."'........,..,....."....,....."..""......"",...........,."".."..............",.........................",......................................,......."."...........-...........................-.........................,.........",..... Mast Arm Sign Hanger Assembly, Cable Mount, Aluminum, 12-inch tube, Pelco $75.00 .....-.......-................................,.."............."..................."'......................"....."..."....,....'''..-.........,.......-........."..........'''....-,.............................................".......................'...."............"..........,........."..-.........."'.......''''.''''..................."........'''................-....,..........."......-..."...................-........"...........................................-"..". cera 6022 Mast Arm Sign Hanger Assembly, Cable Mount, Aluminum, 18-inch tube, Pelco $77.00 ...................-....-................-..."......."...."...."....-."-....-...,,..................,."...".........................""......,...."......."..."..-..."..,.......,.....",.......,...........""...".............................................................."...'.."'~"....".........."..."..".....,,,....,,..............',,..................,,.........,,..,,......,..".........-.."..'''........"..''''........................-.....'''''.,............. Certain products on this bid cannot be substituted. In the event that the lowest bid price for an item is a substitute item when one is not permissible, the bidder with the next-lowest bid price for a qualified product is awarded that line item. When multiple vendors bid the same lowest price for the same qualifying product, both are awarded the bid for that line item. Bid #06-4040 Per Item Award, Page 4/4 Agenda Item No. 1682 October 24,2006 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve a change order in the amount of $198,507.00 to CH2M Hill, Inc. amending contract #05-3774 Gordon River Water Quality Park (project No. 51085) Engineering Design contract. OBJECTIVE: To add services to existing contract #05-3774 by change order to assist the Transportation Services Division, Stormwater Management Department in the design of the Gordon River Water Quality Park to include additional design services and the addition of the Freedom Memorial to the project site. CONSIDERATION: The Gordon River Water Quality Park Engineering Design project includes the preparation of construction plans and permitting for the construction of a 50- acre water quality park to be located east of Goodlette-Frank Road and north of Golden Gate Parkway within the City of Naples. The project includes water quality improvement and flood protection within the Gordon River Watershed. This project will also create an aesthetically pleasing passive educational/recreation park facility, which not only minimizes environmental impacts, but helps create a natural habitat where flora and fauna can flourish. -- The Freedom Memorial will be located on site. The change order involves the redesign and permitting associated with the addition of the Memorial. Also included are boardwalk and pavilion redesign, maintenance and flow control facility, sanitary pump facilities and water quality sampling as a DEP permit requirement. FISCAL IMPACT: Funding in the amount of $198,507.00 is available in the Stormwater Capital Projects Fund (325) Gordon River Water Quality Park Project (Project No. 510185). GROWTH MANAGEMENT IMPACT: The Gordon River Water Quality Park project is in accordance with the goals and objectives of the Drainage Sub-element of the Growth Management Plan for Collier County Stormwater Management. RECOMMENDA TION: That the Board of County Commissioners approve a change order for the Gordon River Water Quality Park-Design in the amount of $198,507.00 with CH2M Hill, Inc. Prepared By: Margaret A. Bishop, Senior Project Manager, Stormwater Management Department Attachments: (1) Change Order -- Item Number: Item Summary: Meeting Date: Agenda Item No, 1682 October 24, 2006 Page 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1682 Recommendation to approve a change order In the amount of $198,50700 to CH2M Hill, Inco amending contract #05-3774 Gordon River Water Quality Park (project No 51085} Engineering DeSign Contract 1012412006 9:0000 AM Project Manager Date Approved By Margaret A. Bishop Transportation Services Stormwater Management 10/4/2006 11 :45 AM Date Approved By Eugene Calvert Transportations ServicBs Principal Project Manager Transportation Engineering and Construction Management 101412006 4:27 PM Lisa Taylor ManagemenUBudget Analyst Date Approved By Transportation Services Transportation Administration 10/5/2006 2:46 PM Rhonda Rembert Contract Specialist Date Approved By Administrative Services Purchasing 10/9/2006 8:25 AM Approved By Norm E. Feder, A1CP Transportation Services Transportation Division Administrator Date Transportation Services Admin. 10/10/2006 1 :49 PM Sharon Newman Accounting Supervisor Date Approved By Transportation Services Transportation Services Admin 10/11120063:21 PM Steve Carnell Purchasing/General Svcs Director Dale Approved By Administrative Services Purchasing 10/12120068:18 AM Pat Lehnhard Executive Secretary Date Approved By Transportation Services Transportation Services Admin 10/12120069:23 AM Approved By OMS Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 10/12/200610:32 AM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 10/16/20069:17 AM Approved By James Vo Mudd Board of County Commissioners County Manager Date County Manager's Office 10/16/200612:02 PM October 24, 2006 This change order will be appear on the BCC Agenda 10/24/06 and will appear on the Administrative repo~ 3 of 12 Date: October 3, 2006 E-Mailed To Bonnie: Project Name: Gordon River Water Quality Park - Engineering Design Project Number: 510185 BIDIRFP #: 05-3774 Mod#: 5 PO#: 4500046366 Work Order Number: Contractor/Consultant: CH2M Hill Original Contract Amount: $ 599.850.00 (Starting Point) Current BCC Approved Amount: $ 956.100.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 956.100.00 (Including All Changes Prior To This Modification) Change Amount: S 198.507.00 Revised ContractJWork Order Amount: $ U54.607.00 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractJWork Order: $ 554.757.00 Percentage of Change Over/Under Revised Contract Amount: 20.76 % Overview of change: To add services to the original scope to include permitting. and design changes associated with the Freedom Memorial. Upgrade and expand the boardwalk and pavilion design, also to the maintenance and flow control facility, the north parking lot restroom and education facility and the water sampling requirements specified by the Department of Environmental Protec~Joj. The contract completion will be.e'ftended until January 24, 2007. con""'tSP<C;'I;'~~ 0_'71'" /O/3jiJ6 Scanned Date: 10 (2/01, (.. f Data Entry Information: Type of Change: Amendment Project Manager: Margaret Bishop Department: Stormwater Change Category Type, Circle One Below: 1. Planned or Elective 2. Unforeseen Conditions 3. Quantity Adjustments 4. Correction of Errors 5. Value Added 6. Schedule Adiustments Scanned copies of the back up documentation may be located on the Purchasing G drive: Revised 7/11/05 ~-. .l G:!Current-Changes to Contracts G:! Current - Changes to Work Orders Revised 7/11/05 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 1682 October 24,2006 Page 5 of 12 PROJECT NAME: Gordon River Water Qualitv Park - Enqineerinq Desiqn PROJECT #: 510185 5 BID/RFP #: 05-3774 MOD #: - rpO#:4500046366 WORK ORDER #:N/A DEPARTMENT: Stormwater ~~ent Original Contract Amount: $ 599.850.00 (Starting Point) Current BeC Approved Amount: $956.] 00.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $956.100.00 (Including All Changes Prior To This Modification) Change Amount: $198.507.00 Revised ContractIW ork Order Amount: $1.154.607.00 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: $554.757.00 Date of Last BCC Approval 1/10/06 Agenda Item # 16B2 Percentage of the change over/under current contract amount 20.76 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: 2/8/06 CURRENT: 1/24/07 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. The purpose of this change order is to add $198,507.00 as additional services stated in the original scope of services approved at the BCC May 24, 2005 meeting to include permitting and design changes associated with the Freedom Memorial, upgrade and expand boardwalk and pavilion design, maintenance and flow control facility, north parking lot restroom and education facility and water sampling requirements specified by DEP. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the proJect? To place the Freedom Memorial at the Gordon River Water Quality Park so that the community can benefit from yiewinc the Memorial exclusivelv at the site. or in addition to visitinc the Water Quality Park for passive recreation or educational purposes. Additional services in the form of desiqn chances. associated with the Memorial. additional permittinq recuirements and desicn upcrades and chanqes. PARTIES CONTACTED REGARDING THE CHANGE: Stormwater Manaqement Director. CH2M Hill Inc. and Purchasinq Contract Specialist IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A) -L Proposed change is consistent with the scope of the existing agreement -L Proposed change is in fact an addition or deletion to the existing scope -L Change is being implemented in a manner consistent with the existing agreement -L The appropriate parties have been consulted regarding the change -L Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. Date: ,/-.)'- 0 ~ Date: ~ Revised 4/25/2005 1... .......,,.-r.;.;. ~.o CHANGE ORDER Agenda Item No. 16B2 October 24,2006 Page 6 of 12 CHANGE ORDER NO. 4 CONTRACT NO. 05-3774 BCC Date: 5/24/05 Agenda Item: 1687 TO: Mr. Thomas A. Spriaas. Ph.D CH2M Hill. Inc. 4350 West Cypress Street. Suite 600 Tampa. FL 33607 DATE: September 25.2006 PROJECT NAME: Gordon River Water Quality Park - Enaineerina Desian PROJECT NO.: 510185 Under our AGREEMENT dated September 25. 2006 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: The purpose of this change order is to add $198,507.00 to be considered additional services stated in the original scope of services approved at the BCC May 24, 2005 meeting to include, permitting and design changes associated with the Freedom Memorial, upgrade and expand boardwalk and pavilion design, maintenance and flow control facility, north parking lot restroom and education facility. water sampling requirements specified by FDEP. FOR THE (Additive) Sum of: One hundred ninety eiqht thousand five hundred and seven dollars ($198.507.00) Present Agreement Amount $599.850.00 $ 356.250.00 $ 198.507.00 $1.154.607.00 Original Agreement Amount Sum of Previous Changes This Change Order (Add) The time for completion shall be increased by~calendar days due to this Change Order. Accordingly, the Contract Time is now ~) calendar days. The substantial completion date is December 24. 2006 and the final completion date is January 24. 2007. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: d- '7 .& fi"f'J CONTRACTOR: CH2M Hill, Inc. ,2006 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: fla-<ra~ Margaret A. shop, P.E., Sr. Proje . Manager By: !1~,.~ ~ ~ Eugene C. Calvert, P.E., Director LECEIVED SEP 2 9 2006 1 raO&portal.lon Engtneerlng Department By: Norman Feder, AICP, Administrator . !;..' Agenda Item No. 1682 October 24, 2006 Page 7 of 12 Transportation - Engineering Design Additional Services Task E Alternatives and System Proposal Task E4: Engineering Design · Modify, upgrade, and expand boardwalk and pavilion design to incorporate recommendations by the Parks & Recreation Department. Adjustments shall include: o Modify the footprint on 6 of 7 pavilions from 25 ft by 25 ft to 15 ft by 15 ft o Adjust all structural drawings for new sizes o Provide additional loading calculations related to different configurations o Adjust mechanical, electrical, and plumbing detail drawings to reflect different configurations o Realign boardwalk alignment to coincide with pavilion reconfiguration and make adjustments on all associated drawing plan and detail sheets o Reconfigure and expand the roof line over the boardwalk adjacent to the Education Facility to the parking lot drop-off sidewalk. Adjust all structural plan, elevation, and detail drawings to reflect the expanded roof structure. Lump Sum Fee: $ 30/123 · Provide design drawings for the 750 s.f. maintenance and flow control facility which will house maintenance equipment and supplies, irrigation controls, and other sitewide mechanical control equipment. o Provide all necessary structural, mechanical, electrical, and plumbing plan and detail drawings. o Coordinate with County and City staff for proper alignment onsite. o Coordinate with County Transportation and Parks Dept. for necessary configuration details. Lump Sum Fee: $ 20/065 .i6iiL~~ ,,~i~L: Agenda Item No. 1682 October 24, 2006 PageS of 12 . Provide design drawings for two sanitary pump facilities serving the North parking lot restroom and the Education Facility. o The pump facilities at the North restroom will be designed below ground. o The pump facilities at the Education Facility will be designed within a shared enclosure with the dumpster facility. o Provide all necessary structural, mechanical, electrical, and plumbing plan and detail drawings independently for each facility. ",\ Lump Sum Fee: $ 21,325 . Perform monthly surface water sampling over three (3) consecutive months to complete the requirements specified by FDEP for the ASR permit. Collect one (1) sample from the Goodlette-Frank Road ditch and one (1) sample from the Gordon River upstream of the gate each month. Analyze the six samples for the primary and secondary drinking water standards plus other organic, inorganic, and bacteriological constituents (see Attachment A). Prepare a brief technical memorandum (1 - 2 pages w / tables) summarizing the results and report results to the FOEP. Lump Sum Fee: $ 25,485 . Provide permit and redesign services to include the Freedom Memorial (FM) into the project drawings. Specific tasks will include: o Evaluate and resubmit petition(s) and/ or planning/ design drawings to the City of Naples for review and approval as needed. Assumes documents will be submitted to the ORB or P AB as soon as practical once NTP is received. o Coordinate with original FM architect to establish unknown design elements for incorporation into final construction documents (CDs). o Modify design as necessary to transition it into the existing CDs while adhering to all applicable City, State, and Federal Codes. Up to four (4) coordination meetings will be held (by phone) with the original FM architect during this process. o Relocate the Maintenance building, sanitary lift station, and stormwater pump station to site the Freedom Memorial in the northwest comer of the property. o Incorporate the design information from the FM architect, ORB, P AB, City, and the County into the CDs. Lump Sum Fee: $ 54,800 .~~:"_:..;.!.-.:" _ .1-. -- :;t'(.<~~.:;-.&.. ~o ~1~~~~:.;i~;..;~~{. ~-'-~~~~;i):.. Agenda Item No. 16B2 October 24,2006 Page 9 of 12 Task F Project Management and Coordination . Project management services and coordination for additional services. Lump Sum Fee: $ 46,709 Total for Tasks E & F: $198,507 ..~- --. ~ ,_:-.:;~~i~~~ ,~"';t.;,,;._!:._-:":,-:!::I '-r~t. -.,~c~~~-~. . ,<. .~t '.,:1'~l~1:;',~7~~~'-. cw.w N -,...... ,~ JO ci ~-o N...... ii Z.....(I) j co> 8 '" '" ~ '" .... E(I)Ol ~ !:l. '" R Sl " .... ~ (1)..0 ro ., a ~ N ~ ~ ~ ~oo... 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CJ EXHIBIT 1 Surface Water Sampling Estimate for ASR Permit Collier County Transportation Dept., Naples, FL Analysis required per FDEP, F-'~q 62-550.310 Total Lab anal sis Fielde ui ~!1trentil:and$"'liq!INffifl!1 m!li:ii:!"li'll!'F~I;l YSI (rental, 3x) Pump with battery (rental, 3x) Miscellaneous sampling supplies (tubing, gloves, ete) ....'...... ~.. Unit Price $220 $200 $100 $175 $150 $750 $75 $225 $48 $90 $300 "",,- Goo Frank R08e1' Canal!~(~ ea.}. $660 $600 $300 $525 $450 $2,250 $225 $675 $145 $270 $900 $7,000 Agenda Item No. 1682 October 24, 2006 Page 11 of 12 ':ilrl]; Gordon River above Gate (3 ea.) $660 $600 $300 $525 $450 $2,250 $225 $675 $145 $270 $900 $7,000 Total Lab Sampling Cost $1,320 $1 ,200 $600 $1.050 $900 $4,500 $450 $1 ,350 $290 $540 $1,800 $14 000 $ $ $ $ $ State Prlmal"1 Drlnklna Wlllllr StIIndards: In_nIcs No. of No. Exceed Concentration Pa,.meter MCL Sampl.. Ing MCL Range Antimonv 600b 10 0 <6 Arsenic 50 oob 10 0 <10 Asbestos 7 MFL 9 0 <.27 Barium 200m 10 0 <.25 Bervllium 4DDb 10 0 <4 Cadmium 5DDb 10 1 7'<.2 Chromium 100 Of'lb 10 0 <20 Cvanide 200 DDb 10 0 <24.6 Fluoride 400m 10 0 .34 -<.2 Lead 15 oDb 10 0 <2 Mercurv 2DOb 10 0 <1 Nickel 100 oDb 10 0 <21 Nitrate (as Nl 1000m 74 0 <0.05 - 8.15 Nitrite (as Nl 100m 73 0 <0.01 - .22 Selenium 50 DDb 10 0 <10 Sodium 160 oom 74 3 69 . 224 rhalllum 200b 9 0 <2 State Primary Drlnkln Willer Standards: Radlonuclldea and Microbial No. of No. Exceed Concentration P.,.meter MCL Samples Ing MOL Rsnge Radium 226 and 228 5DCl/I 8 0 <2 Gross Aloha 150Cl/I 3 0 <406 otal Colifonns 4 CFUll00mL 3 0 <1 Fecal Colifonns' o CFU"00 mL 365 0 <1 State Secondary Drlnklna Water Standards Parameter Aluminum Chloride :::ODDer Color FluOlide Foamina Aaents Iron Manaanese Odor oH (at Collection Polnn' Silver Sulfate Total Dissolved Solids lZinc MCL 200 oob 250 oom 100m 15 PCU 200m 500 oob 300 oob 50 oob 3 TON 6.5 - 8.5 100 Deb 250 oom SOO oom 500m NO. of Samples 75 74 10 67 10 10 10 10 74 365 10 10 74 10 No. EXCMCI Ing MCL 1 4 o 47 o 1 1 o 41 53 o o 39 o Concentration Range <5 - 280 140 - 424 sO.OO2 4- 65 ~.34 <20 - 1490 <30 - 830 <5.27 <1.35 6.0 - 8.0 <to 24-74 324 . 952 0.064 - O. t Fecal coliform data and pH data from Monthly Operallng Reports 7/99 10 6/00. Pathogens (Unreaulated) No. 01 No. Parameter MCL SampIM Poalthle Range Giardia (cystsllooL) -- 6 0 <0.3 - <2 Ivryptosporidlum (00cystsl100L) - 6 1 <0.2 - 2 ......- . Maximum Contaminant Laval (MCL) per Rules 62-550.310 and 62-5500320. FAC. Abbreviations: ppb = partslbillion pCiII: Picacurriesllil9t ppm = pens/million NA = Not ADlllicable MFL: Million FlberslUter > 10 urn. ~~~~',,;j.. Agenda Item No. 16B2 October 24, 2006 Page 12 of 12 State PrllYlllry Drlnklna Water Standards: Oraanlcs ....",cen. No. of No.Exceecl tratlon Parametar MCL Sampl.. Ing MOL Range Endrin 2ririb 10 0 <019 Lindane (G.BHCI 0.2oob 10 0 <.02 Methvoxvchlor 40" b 10 0 <.25 oxaohene 30lb 10 0 <.5 4-0 700 b 10 0 <.5 ,4,5-TP (Silvexl SOD b 10 0 <.381 HMs (Totall 100 cb 10 0 <44.6 richloroethene SODb 10 0 <.5 etrachloroethene SDob 10 0 <.5 arbon Tetrachloride 3DDb 10 0 <.5 invl Chloride 100b 10 0 <.5 1 1 1.Trichloroethane 200 DDb 10 0 <.5 1.2-Dichloroethane SDob 10 0 <.5 Benzene 100b 10 0 <.5 Ethylene Dibromide 0.02 oob 10 0 <.02 K;is-1.2-Dichloroethene 70 oob 10 0 <.5 1.2-Dichloropropane 5 ppb 10 0 <.5 Ethylbenzene 700 ppb 10 0 <.5 Monochlorobenzene 100 ppb 10 0 <.5 Dichlorobenzene 600 ppb 10 0 <.62 Stvrene 100 Dob 10 0 <.5 oluene 100m 10 0 sO.011 rans-1,2-Dichloroethene 100 Dob 10 0 <.5 ylenes (Total) 10 ppm 10 0 sO.C01ce Dlchloromethane 5 ppb 10 0 <.5 1.2.4.Trichlorobenzene 70 ppb 10 0 <.5 1 ,1 ,2- Trichloroethane 5 ppb 10 0 <.5 lachlor 2 [ b 10 0 <1.5 trazine 3 [ b 10 0 <2.5 arbofuran 40 b 10 0 <7.04 hlordane 2 [ b 10 0 <.5 Dibromochloroorooane 0.2 DDb 10 0 <.2 Heotachlor 0.4 DDb 10 0 <.05 HeptaChlor eooxide 0.2riob 10 0 <.025 POlychlorinated Biohenvl O.S""b 10 0 <.25 PentachlorODhenol l-':'-rih 10 0 <.0574 Dalapon 200 oob 10 0 <1 Dl12-ethvlhexvllohthalate 6-oob 10 0 <3.03 DI(2-ethvlhexvlladloate 40000b 10 0 <.85 Dinoseb 7-00b 10 0 <.2 Diquat 20 ppb 10 0 <4 Endothall 100 oob 10 0 <15.4 ~Iyphosate (Roundup) 700 ppb 10 0 <10 Hexachlorobenzene 1 ppb 10 0 <.02 Hexachloro- cyclopentadiene 50 ppb 10 0 <.84 Oxamvl Nvdate\ 200001, 10 0 <2.57 Benzo(a)pyrene 0.2 ppb 10 0 <0.2 Picloram 500 ppb 10 0 <.263 Simazlne 4DDb 10 0 <2.8 lo-Dichlorobenzene 75 cob 10 0 <.54 1.1 -Dichloroethene 700b 10 0 <005 0""" ,.,:to.. '- ..;\o.~;:~;..\~ Agenda Item No. 16B3 October 24,2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve a budget amendment in the amount of $394 to recognize additional State Block Grant funds awarded through Florida Department of Transportation. OBJECTIVE: To obtain Board approval for a budget amendment to recognize the annual allocation of State Block Grant funds. CONSIDERATION: On January 28, 2003, the Board approved and entered into a Multi-year Joint Participation Agreement with the Florida Department of Transportation for the State Block Grant Funds. The funds from this grant will assist in the provision of fixed route public transportation services. FISCAL IMPACT: This is a reimbursement grant that the County will invoice as the expenses are incurred. The total amount of the State Block Grant is $385,494. Through the annual budget process $385,100 was the estimated grant amount; therefore, a budget amendment in the amount of $394 is needed to recognize the additional grant award. ~.~ GROWTH MANAGEMENT IMPACT: Consistent with Objective 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Collier County BeC approve the necessary budget amendment in the amount of $394 to recognize the additional funding for the State Block Grant. Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes Attachment: Grant Award Notice ,,.--, Agenda Item Noo 16B3 October 24, 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1683 Meeting Date: Recommendation to approve a budget amendment in the amount of $394 to recognize additional State Block Grant funds awarded through Florida Departmenl o!Transportation 10/24/2006 900:00 AM Approved By Lisa Hendrickson Senior Planner Dale Transportation Services Alternative Transportation Modes 10/4/2006 4:37 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 10110/200611:18 AM Approved By Kay Luongo Grants Coordinator Date Transportation Services Transportation Admin 10/10/2006 2:52 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 10/10/20065:03 PM Approved By Barbara LaPierre Management/Budget Analyst Date Transportation Services Traffic Operations 10/11120066:53 AM App roved By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 10/11/20063:13 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 10/12120069:35 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 10/12/200610:34 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 10/16120068:27 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/16/20069:41 AM Agenda Item No. 16B3 October 24,2006 Page 3 of 4 JEB BUSH GOVERNOR Florida Department of Transportation 801 North Broadway Avenue Bartow, FL 33830 DENVER J. STUTLER, JR. SECRETARY September 22, 2006 Ms. Diane Flagg, Director Collier County Alternative Transportation Modes Department 2885 Horseshoe Drive South Naples, Florida 34104 RE: Fiscal Year 2006/2007 State Transit Block Grant Award: Contract Number: AM3S0 / Financial Management Number~ 407131-1-84-01 Annual Encumbrance Process Dear Ms. Flagg: This letter provides award notification for Collier County's State Transit Block Grant annual allocation of funding in the amount of $385,494. In Fiscal Year 2002/2003 we implemented multi-year Joint Participation Agreements (JP A) for this program. Annual Agreements are no longer required. I am enclosing a Multi-Year Joint Participation Agreement Notification of Funding form and a copy of the Department's approved encumbrance for this project. Both forms contain the annual formula allocation for Collier County for Fiscal Year 2006/07. Please have the County's authorized signatory sign and date the funding notification form in blue ink and return it this office for further processing. If you require additional information or need assistance, please feel free to contact Richard P. Shine, District Public Transit Administrator at (239) 461-4300 or at Richard.Shine<a:ldot.state.fl.us. Sincerely, -r./AAAf &.. ~h Terry Beacham District Modal Development Administrator TWB:RPS:sbs End: 2 cc: Don Scott, Collier County, Transportation Administration Lisa Hendrickson, Alternative Modes Department, Collier County Brandy Otero, Collier County Metropolitan Planning Organization Ben Walker, Intennodal Systems Development, FDOT Johnny Limbaugh, Southwest Area Office, FDOT David L. Hutchinson, Southwest Area Office, FDOT Richard P. Shine, Modal Development OfficelPublic Transit, FDOT District One, Modal Development Office 801 North Broadway Avenue · Post Office Box 1249 · Bartow, FL 33831-1249 (863)519-2388 · (863)534-7172 (Fax) · MS 1-39 terry. beacham@dot.state.fl.us Agenda Item No. 1683 October 24, 2006 Page 4 of 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Fiscal Year 2006/2007 State Transit Block Grant Award Contract Number: AM3S0 Financial Management Number: 407131-1-84-01 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #AM350 Contract Type: AH Vendor Name: COLLIER COUNTY B vendor ID: VF59600055S004 Beginning date of this Agmt: 02/17/03 Ending date of this Agmt: 06/30/0B Method of Procurement: G ************************************************************************ Description: 40713118401 ************************************************************************ ORG-CODE *EO (FISCAL YEAR) AMENDMENT ID *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA *BUDGET ENTITY *CATEGORY/CAT YEAR *SEQ. *USER ASSIGNED ID *ENC LINE{6S)/STATU8 ************************************************************************ Action: SUPPLEMENTAL Funds have been: APPROVED 55 012020129 *PT 2007 8004 *750010 * *55100100 *00 * 3B5494.00 *40713118401 *088774/07 5 *0005/04 *680 * ------------------------------------------------------------------------ TOTAL AMOUNT: *$ 385,494.00 * ------------------------------------------------------------------------ FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 09/19/2006 Agenda Item No. 1684 October 24, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners authorize the County Manager, or his designee, to act on behalf of the county as "the authority" in enforcing Section 337.403 of the Florida Statutes and ratifying all prior notices issued by the Collier County Transportation Department related to enforcement of that statute. OBJECTIVE: To obtain authority for the County Manager, or his designee, to enforce the provisions of Section 337.403 of the Florida Statutes and obtain ratification of all prior notices issued in connection with attempts to provide notice to enforce that statute. CONSIDERATIONS: Collier County Transportation has and continues to experience delays to road construction projects due to utilities not relocating in advance of their need. These delays cause needless expense and inconvenience to contractors and Collier County taxpayers. A current example is the Immokalee Road project where FPL has caused delays 0 f over 170 days for not moving utility po les in mil estone 1. Now Comcast is delaying the relocation of utility poles in milestone 2 of this project. ,-.. Section 337.403 of the Florida Statutes provides for an "authority" to provide written notice for a utility to relocate, to direct the relocation by others for failure to relocate and to recover this expense from the utility. The requested board action will provide the County Manager, or his designee, the authority to act on behalf of the county in this matter. With this authority Collier County Transportation can proactively avoid or minimize the fmanciallosses that occur when utilities fail to respond to the needs of its road projects. FISCAL IMPACT: If the Board of County Commissioners approve this action, this will allow the County to move forward to relocate power lines by hiring a 3rd party to do so. The cost to relocate the utilities that are within the ROW will be budgeted within each of the projects. The cost will be paid by the county and the county will seek reimbursement of these fees as per Florida Statute 337.403 from each of the utility companies. There is a possibility of the need to budget legal fees if the utility companies were to challenge Florida Statute and refuse to pay. GROWTH MANAGEMENT IMPACT: This authorization of authority is consistent with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners authorize the County Manager, or his designee, to act on behalf of the county as ''the authority" in enforcing Section 337.403 of the Florida Statutes. ___0 Prepared By: Gary R. Putaansuu, P.E., Principal Project Manager Agenda Item No. 16B4 October 24, 2006 Page 2 of 5 Attachments: (1) FS 337.403 (2) Notice to Relocate Utilities ,...''''~'' Item Number: Item Summary: Meeting Date: Agenda Item Noo 1684 October 24, 2006 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B4 Recommendation that the Board of County Commissioners authorize the County Manager or his designee to act on behalf of the county as the authonty in enforcing Section 337403 of the Florida Statutes and ratifying all prior notices issued by the Collier County Transportation Department related to enforcement of that statute. 10/24/2006900:00 AM Date Prepared By Gary Putaansuu Transportation Services Senior Project Manager Transportation Engineering and Construction 1019120069:08:49 AM Najeh Ahmad Director Date Approved By Transportation Services Transportation Engineering '& Construction Management 10/9/2006 9:23 AM Scott R. Teach Assistant County Attorney Date Approved By County Attorney County Attorney Office 1019/2006 1: 51 PM Pat Lehnhard Executive Secretary Date Approved By Transportation Services Transportation Services Admin 10/13120068:51 AM Approved By Lisa Taylor Transportation Services ManagemenUBudget Analyst Date Transportation Administration 10113/20064:47 PM Sharon Newman Accounting Supervisor Date Approved By Transportation Services Transportation Services Admin 10/16/20069:37 AM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 10/16/20064:14 PM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 10/16120065:01 PM James V. Mudd County Manager Date Approved By Board of County Commissioners County Manager's Office 10117/200610:25 AM Notice to Relocate Utilities Located Along From to Agenda Item No. 1684 October 24,2006 Page 4 of 5 Attention: (Insert Name of Utility Company) Please accept this letter as Collier County's written notification of the need to relocate the above- referenced utilities which, as currently located, unreasonably interfere with anticipated road improvements to commence in 2006. The County is providing this early notification with the intent that your utility company will immediately commence review of this matter and coordinate the relocation of the affected utilities with the County to avoid any potential delay or interference in the progress of the road construction. In the event that it appears that efforts are not made to relocate the utilities in a manner compatible with the County's construction schedule, the County will request the Board of County Commissioners to issue a Resolution directing the issuance of an order for the removal or relocation of the utilities. Florida Statutes, S 337.403(1) requires the removal of utilities that unreasonably interfere with the maintenance or improvement of public roads, as follows: (1) Any utility heretofore or hereafter place upon, under, over, or along any public road or publicly owned rail corridor that is found by the authority to be unreasonably interfering in any way with the convenient. safe, or continuous use, or the maintenance. improvement. extension, or expansion, of such public road or publicly owned rail corridor shall. upon 30 days' written notice to the utility or its agent by the authority, be removed or relocated by such utility at its own expense except as provided in paragraphs (a), (b), and (c). (Emphasis added). In the event that the owner of the utility fails to remove or relocate the utility, the statute further provides: "(3) Whenever an order of the authority requires such removal or change in the location of any utility. ..and the owner thereof fails to conform to the order... the authority shall proceed to cause the utility to be removed. The expense thereby incurred shall be paid out of any money available therefore, and such expense shall, except as provided in subsection (1), be charged against the owner and levied and collected and paid into the fund from which the expense of such relocation was paid." Please be advised that if the above utilities are not relocated and/or the County incurs additional expense related to having to unilaterally relocate those utilities, the County will expect reimbursement from your utility company. You may direct your communication regarding the relocation of the utilities to: Gary Putaansuu, P .E. Principal Project Manager Collier Transportation Services Division Tel: (239) 213-5876 Fax: (239) 530-6649 Agenda Item No. 1684 October 24,2006 Page 5 of 5 33 7 .403 Relocation of utility; expenses.-- (1) Any utility heretofore or hereafter placed upon, under, over, or along any public road or publicly owned rail corridor that is found by the authority to be unreasonably interfering in any way with the convenient, safe, or continuous use, or the maintenance, improvement, extension, or expansion, of such public road or publicly owned rail corridor shall, upon 30 days' written notice to the utility or its agent by the authority, be removed or relocated by such utility at its own expense except as provided in paragraphs (a), (b), and (c). (a) If the relocation of utility facilities, as referred to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No. 627 of the 84th Congress, is necessitated by the construction of a project on the federal-aid interstate system, including extensions thereof within urban areas, and the cost of such project is eligible and approved for reimbursement by the Federal Government to the extent of 90 percent or more under the Federal Aid Highway Act, or any amendment thereof, then in that event the utility owning or operating such facilities shall relocate such facilities upon order of the department, and the state shall pay the entire expense properly attributable to such relocation after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility. (b) When a joint agreement between the department and the utility is executed for utility improvement, relocation, or removal work to be accomplished as part of a contract for construction of a transportation facility, the department may participate in those utility improvement, relocation, or removal costs that exceed the department's official estimate of the cost of such work by more than 10 percent. The amount of such participation shall be limited to the difference between the official estimate of all the work in the joint agreement plus 10 percent and the amount awarded for this work in the construction contract for such work. The department may not participate in any utility improvement, relocation, or removal costs that occur as a result of changes or additions during the course of the contract. (c) When an agreement between the department and utility is executed for utility improvement, relocation, or removal work to be accomplished in advance of a contract for construction of a transportation facility, the department may participate in the cost of clearing and grubbing necessary to perform such work. (2) If such removal or relocation is incidental to work to be done on such road or publicly owned rail corridor, the notice shall be given at the same time the contract for the work is advertised for bids, or 30 days prior to the commencement of such work by the authority. (3) Whenever an order of the authority requires such removal or change in the location of any utility from the right-of-way of a public road or publicly owned rail corridor, and the owner thereof fails to remove or change the same at his or her own expense to conform to the order within the time stated in the notice, the authority shall proceed to cause the utility to be removed. The expense thereby incurred shall be paid out of any money available therefor, and such expense shall, except as provided in subsection (1), be charged against the owner and levied and collected and paid into the fund from which the expense of such relocation was paid. History.us. 129, ch. 29965, 1955; s. 1, ch. 57-135; s. 1, ch. 57-1978; ss. 23, 35, ch. 69-106; s. 143, ch. 84-309; s. 12, ch. 87-100; s. 28, ch. 94-237; s. 970, ch. 95-148; s. 25, ch. 99.385. Note.--Former s. 338.19. Agenda Item No. 16B5 October 24,2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation that the Board accept a contribution from The Halstatt Partnership for the additional plantings along Golden Gate Parkway up to the amount of $101,821.89. OBJECTIVE: A recommendation that the Board accept a contribution from The Halstatt Partnership for the additional plantings along Golden Gate Parkway. The contribution is estimated to be $101,821.89. CONSIDERATION: The Halstatt Partnership contribution is intended for the additional landscape improvements on Golden Gate Parkway adjacent to Grey Oaks. The contribution is for the purchase and installation of larger trees, palms, and irrigation components consistent with the Landscape Beautification Master Plan. This enhancement will not create an additional maintenance cost to the County. A budget amendment is needed to recognize the funds. The contribution is subject to the following conditions: the larger trees and palms will be placed in the buffer adjacent to Grey Oaks; the County will provide the maintenance consistent with the Landscape Master Plan. ,~ In the future, the Halstatt Partnership would like to contribute to Collier County the parcel located at the northeast corner of Airport Road and Golden Gate Parkway. The Halstatt Partnership is working on the easement and this item if acceptable to staff, will be brought to the Board at a later date. FISCAL IMPACT: Funds up to $ 1 01,821.89 will be deposited into the designated project. A budget amendment is needed to recognize these funds and appropriate them on the expense side of the Golden Gate Overpass Landscape project budget (Fund 313, Project Number 600066) in the amount of $95,311.27 and on the expense side of the Golden Gate road construction project budget (Fund 313, Project 600061) in the amount of $6,51 0.62 for the irrigation costs. GROWTH MANAGEMENT IMP ACT: This request is consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board accepts a contribution from Halstatt Partnership for landscaping on Golden Gate Parkway in the amount of $ 1 01,821.89, approve related change orders to the Golden Gate Overpass landscape and road construction project contracts that will result from this contribution, and approve the necessary budget amendments. The contributed amount will add over 10% to the contract, which would require Board approval. ,,-- Prepared By: Pamela J. Lulich, RLA, Landscape Operations Manager, ATM Attachments: (1) Contribution letter; (2) Resolution; (3) Estimate of Costs for Contribution Agenda Item No. 1685 October 24, 2006 Page 2 of? COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16B5 Recommendation that the Board accept a contribution from The Halstatt Partnership for the addilional piantlngs along Golden Gate Parkway up to the amount of $101 ,821 0890 10/24/200690000 AM Item Number: Item Summary: Prepared By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 101912006 4:53:38 PM Approved By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 10/9/20065:25 PM App roved By Gloria Herrera Management/Budget Analyst Date Transportation Services Stormwater Management 10/10/20067:52 AM Approved By Scott R. Teach Assistant County Attomey Date County Attorney County Attorney Office 10/101200610:35 AM Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 10/101200611:28 AM Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 10/10/20064:30 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 10/11/20061:37 PM Approved By Sharon Newman Accounting Supenfisor Date Transportation Services Transportation Services Admin 10/11/20064:43 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 10/12/200610:09 AM App roved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 10/12/200610:36 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 10113/20068:46 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/13120069:31 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/14120068:56 AM Agenda Item No. 1685 October 24, 2006 Page 3 of 7 RESOLUTION NO. 2006-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY DECLARING A PUBLIC PURPOSE FOR THE RECEIPT OF A CONTRIBUTION FROM THE HALSTATT PARTNERHSIP FOR ADDITIONAL PLANTINGS ALONG GOLDEN GATE PARKWAY UP TO THE AMOUNT OF $101,821.89. WHEREAS, the Halstatt Partnership wishes to contribute funds to the County up to the amount of $101,821.89 to provide for additional landscape improvements on Golden Gate Parkway adjacent to Grey Oaks to purchase and install larger trees, palms, and irrigation components consistent with the Landscape Beautification Master Plan; and Whereas, the additional plantings resulting from the contributed funds will not result in additional maintenance cost to the County; and Whereas, acceptance of this contribution will increase the contract amount for this landscaping project by over 10%, thus requiring the Board's approval; and WHEREAS, the Board has previously approved and accepted contributions for landscape and beautification improvements throughout the County. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board hereby declares that there is a public purpose as to the receipt of a contribution from the Halstatt Partnership for landscaping on Golden Gate Parkway up to the estimated amount of$101,821.89 and authorizes and approves related change orders that may occur because the contributed amount increases the landscape contract for this project by over 10%. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ th day of October, 2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DEPUTY CLERK By: Frank Halas, CHAIRMAN Approved as to form and legal sufficiency: Scott R. Teach, Assistant County Attorney Agenda Item No. 1685 October 24, 2006 Page 4 of 7 September 21, 2006 Collier County Transportation Attn: Pam Lulich 2885 Horseshoe Drive S. Naples, Florida 34104 Re: Halstatt Contribution Dear Ms. Lulich: The Halstatt Partnership would like to proceed with the additional plantings along Golden Gate Parkway;- We acknowledge that the cost of the additional landscaping is $101,821.89 will be the responsibility of the Halstatt Partnership. We would also like to continue with the easement Halstatt is granting to Collier County on the parcel located at the northeast comer of Airport Road and Golden Gate Parkway. The intent of the easement is for landscape buffering only. We should have the easement complete by October 1,2006. Please let me know if there is anything else we need to provide to you. Sincerely, -,/ ~~ .",.,--........ Thomas W. Sansbury The Halstatt Partnership Cc: Lee Treadwell Kelly Guarascio Jim Pirece 2400 Grey Oaks Drive North. Naples, FL 34105 . 941.262.5550 . Fax: 941.262.3593 Lf'lW1'- roO- woo ..-NL{) o -.:t" (I) ZN Ol .....Cll Ecvn. (1).0 _0 -;;t5 -00 c (J) Ol <( e e + e cg "=" ::J 0:: J: l- e e + ...... 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(Q ~ c o .. u CIl en c;; - o - .c ::l en L!)Wr- coo- wOO .,-Nr- ci-<iQ.'l ZN OJ ,-ell EQ.'lo.. Q).D .....0 -;-u -cO c Q.'l ~ N UJ <.9 <( 0.. Agenda Item No. 1686 October 24, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve the purchase of Pre-Cast Box Culvert Sections from Hanson Pipe & Products for the Fish Branch Creek Box Culvert Extension Project in the amount of $52,116.96, authorize payment prior to delivery and approve an allocation of a $12,100 storage fee. OBJECTIVE: To approve the purchase from Hanson Pipe & Products pre-cast box culverts for the Fish Branch Creek Box Culvert Extension Project within Lake Trafford Road Right-of-Way that was originally included in a Work Order assigned to D.N. Higgins, Inc. under Underground Utilities Contractors Contract #04-3535 that was subsequently cancelled for convenience. ,-. CONSIDERATION: In May 2005 the BCC approved Work Order #UC-108 to D.N. Higgins, Inc. for the Fish Branch Creek Box Culvert Extension Project involving the attachment of box culvert extensions onto the existing box culvert crossing under Lake Trafford Road in Immokalee. In June 2005 a "Notice to Proceed" letter was given to the Contractor and in July 2005 the NTP letter was postponed due to unfavorable weather conditions which were not adequate for construction. As a result of the original NTP, the Contractor provided shop drawings of the pre-cast box culverts to the Design Professional, TBE Group Inc. which were approved. The Contractor placed an order for the pre-cast box culverts with Hanson Pipe & Products and the structures were constructed. In March 2006, the contractor was terminated for convenience due to the project's redesign, construction cost increases, and the delay until January 2007 to start the project installation. In discussions with Hanson Pipe & Products, Stormwater staff has investigated the direct purchase of the pre-cast box culverts. Hanson Pipe & Products indicated that they would hold the original 2005 pre-cast box culverts construction costs for the county. Due to the total time elapsed between fabrication and delivery for construction, the manufacturer and the county agreed to pay a reasonable storage fee. TBE Group Inc. has reviewed the structures and indicated that they are acceptable and if ordered today the same culverts would cost about $22,500 over the original cost of $52,116.96. In addition to this cost savings, the county's tax exempt status would allow an additional savings of $3,127.02 by buying the structures directly from Hanson Pipe & Products. As to the storage fee of $550 per month (22 months till 04/30/07) totaling $12,100, Stormwater has determined that the price is fair as it would cost approximately $10,000 to $15,000 to mobilize equipment in order to off load the structures early at the site. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. Agenda Item No. 1686 October 24, 2006 Page 2 of 3 FISCAL IMPACT: Funding in the amount of$15,930.35 is available in the Stormwater Management Capital Fund (301) Fish Branch Creek Box Culvert Extension, Project Number 510211. A budget amendment is needed to transfer $48,286.61 from Project Number 511411 County Wide Stormwater Conveyance, into Fund 325 Fish Branch Creek Box Culvert Extension (510212). Source of the funds will be from ad valorem taxes. RECOMMENDATION: That the Board of County Commissioners approves the purchase of 14 - 8' wide sections of 10' by 6' concrete pre-cast box culverts at $52,116.96 and $12,100 for storage fees from Hanson Pipe & Products for the Fish Branch Creek Box Culvert Extension Project, authorize payment for the boxes prior to delivery and the appropriate monthly storage fees and approve all necessary budget amendments. Prepared By: Val Prince, Project Manager, Transportation Services Division, Stormwater Management Department --- ~ Item Number: Item Summary: Meeting Date: Agenda Item No, 16B6 October 24, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B6 Recommendation to approve the purchase of Pre-Cast Box Culvert Sections from Hanson Pipe & Products for the Fish Branch Creek 80x Culvert ExtenSion Project in the amount of $52,116 96, authonze payment prior to delivery and approve an alloe8tlon of a $ 12,1 00 storage fee 10/24/2006 9:0000 AM Project Manager Date Prepared By Val Prince Transportation Services Storm water Management 9/25/20064:13:32 PM Norm E. Feder. Alep Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin. 10/21200610:38 AM Eugene Calvert Date Approved By Transportations Services Principal Project Manager Transportation Engineering and Construction Management 10/3120062:51 PM Lisa Taylor Management/Budget Analyst Date Approved By Transportation Services Transportation Administration 1015/20062:41 PM Rhonda Rembert Contract Specialist Date Approved By Administrative Services Purchasing 1019/2006 8:26 AM Steve Carnell Purchasing/General Svcs Director Date Approved By Administrative Services Purchasing 10/10/200610:43 AM Approved By Sharon Newman Transportation Services Accounting Supervisor Date Transportation Services Admin 10/12120062:16 PM Approved By Executive Secretary Date Pat Lehnhard Transportation Services Transportation Services Admin 10112/20062:41 PM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 10/12120062:56 PM Susan Usher Senior Management/Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 10/13/20066:37 PM Michael Smykowski Management & Budget Director Dale App roved By County Manager's Office Office of Management & Budget 10116/200611:25 AM Approved By James V. MUdd Board of County Commissioners County Manager Date County Manager's Office 10/161200612:18 PM Agenda Item No. 1687 October 24,2006 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to (1) award bid #06-4051 "Sidewalks/Bike Paths Various Locations" for construction of sidewalks in various locations within Collier County to Quality Enterprises USA, Inc. in the amount of $691,246.15 and 10% contingency in the amount of $69,124.62 for a total of $760,370.77 and (2) approve a budget amendment to reflect the amount of funds to be reimbursed by the Florida Department of Transportation (FDOT) to $367,500 (project #690822) OBJECTIVE: To provide sidewalks in various locations within Collier County. CONSIDERATION: On September 5, 2006, the Purchasing Department sent notices to 205 vendors for bid #06-4051 "Sidewalks/Bike Paths - Various Locations" to construct sidewalks at the following locations: ,- 1. 5th Street South from West Delaware Avenue to Eustis Avenue 2. 111th Avenue North from 8th Street to Naples Park Elementary 3. Jennings Street from Georgia Avenue to Texas Avenue 4. Jennings Street from Georgia Avenue to Floridan Avenue 5. Floridan Avenue/Texas Avenue from Broward Street to approximately 220 south of the intersection of Texas Avenue & Fleming Street 6. Alladin Lane from Thomasson Drive to Sugden Park 7. Poplar Way from Lombardy Lane to Alladin Lane On September 21, 2006, a non-mandatory pre-bid meeting was held, at which time all prospective bidders had questions answered regarding the bidding documents for this project. On October 5, 2006, three (3) bids were received and opened. Staff reviewed the unit pricing on the bid tab, and Quality Enterprises USA, Inc. was the lowest, qualified bidder. The bid total was $691,246.15. The bid results were as follows: Contractor Quality Enterprises USA, Inc. Douglas N. Higgins, Inc. Bonness, Inc. Total Bid Amount $691,246.15 $743,545.00 $784,675.94 FISCAL IMP ACT: Funding for this project is available in Project #690822 in the amount of $528,815.46 and Project #690811 in the amount of$231,555.31 for construction. This project is part of a Local Agency Program (LAP) Agreement in the amount of $367,500.00 for construction which will be reimbursed by the FDOT after completion of project. GROWTH MANAGEMENT IMP ACT: This project is consistent with the Transportation Element of the Growth Management Plan. ~ Agenda Item No. 1687 October 24, 2006 Page 2 of 11 RECOMMENDATION: That the Board award bid #06-4051 "Sidewalks/Bike Paths - Various Locations" to Quality Enterprises USA, Inc. in the amount of $691 ,246.15 and 10% contingency in the amount of$69,124.62 for a total of$760,370.77 and authorize the Chairman to execute the standard contract after review by the County Attorney's Office and (2) approve a budget amendment to reflect the amount of funds to be reimbursed by the Florida Department of Transportation (FDOT) to $367,500. Prepared by: Trinity L. Caudill-Scott, Project Manager, TECM Attachment: Bid Tabulation #06-4051 Item Number: Item Summary: Meeting Date: Agenda Item No. 16B7 October 24, 2006 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1687 Recommendation to (1) award bid #06-4051 Sidewalks/Bike Paths Various Locations for construction of sidewalks in vanous locations within Collier County to Quality Enterprises USA, Inc In the amount of $691.24615 and 10% contingency In the amount of $69,124.62 for a total of $760,370.77 and (2) approve a budget amendment to reflect the amount of funds to be reimbursed by the FlOrida Department of Transportation (FDOT) to $367.500 (Project #690822) 10/24/2006 90000 AM Date App roved By Trinity Caudill~Scott Transportation Services Project Manager Transportation Engineering & Construction Management 10/9/20064:42 PM Date Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Services Admin. '10/10/200611:26 AM Rookmin Nauth Date Approved By Transportation Services ManagemenUBudget Analyst Transportation Engineering and Construction 10/1012006 2:05 PM Dale A. Bathon, P.E. Date Approved By Transportation Services Prinicipal Project Manager Transportation Engineering and Construction 10/10/20062:08 PM Brenda Brilhart Purchasing Agent Date Approved By Administrative Services Purchasing 10/10/20062:34 PM Approved By Kay Luongo Transportation Services Grants Coordinator Date Transportation Admin 10110/20062:41 PM Mike Hauer Date Approved By Administrative Services Acquisition Manager Purchasing 10/10/20063:43 PM App roved By Steve Carnell Administrative Services Purchasing/General Svcs Director Date Purchasing 10/11/20061 :00 PM Date App roved By Najeh Ahmad Transportation Services Director Transportation Engineering & Cons.truction Management 10/11/2006 1 :58 PM Sharon Newman Accounting Supervisor Date Approved By Transportation Services Transportation Services Admin 10/12120063:26 PM Pat Lehnhard Date Approved By Transportation Services Executive Secretary Transportation Services Admin 10/12/20064:23 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget 10113/20066:32 PM Michael Smykowski Date Approved By County Manager's Office Management & Budget Director Office of Management & Budget 10/16/20061:35 PM Approved By James V. 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"'''0 ~:o <ll Ol .5 c: 5; .~ Iii "0 Ci-g <ll Cii '" > .- 0 ~ .~ 1-"0 <ll N Q. o " iJj '" OJ .s ~ Agenda Item No. 1688 October 24, 2006 Page 1 of 1 0 - EXECUTIVE SUMMARY Recommendation to award Bid #06-4034 "Golden Gate MSTU - Sunshine Boulevard Landscape & Irrigation Installation Project" to Hannula Landscaping, Inc. with a base amount of $289,460.64 and 10% contingency of $28,946.00 for a total of $318,406.64. OBJECTIVE: To accomplish Landscaping and Irrigation Improvements for Golden Gate Municipal Services Taxing Unit (MSTU) as per Golden Gate MSTU Ordinance No. 96-50 as Board of County Commissioners Approved on September 3, 1996. CONSIDERATIONS: - . On August 17,2006 the Purchasing Department sent notices to 57 vendors for the "Golden Gate MSTU - Sunshine Boulevard Landscape & Irrigation Installation Project". There were eight (8) packages requested for this bid. . On September 6, 2006 at 10 a.m., a non-mandatory pre-bid meeting was held. . On September 18, 2006 at 2:30 p.m. bids were opened. Staff reviewed the unit pricing on the bid tabulation, and Hannula Landscaping, Inc. is recommended for award. . Based on the Golden Gate MSTU Committees selection of alternates for award staff has provided the following tabulation based on actual alternates selected: Selected Alternates Hannula Landscape Service Vila & Son Landscaping Professionals, Inc. Landscaping CorD. Base Bid $264,920.64 $270,949.50 $267,417.67 6" Irrigation Sleeves $15,510.00 $28,200.00 $15,040.00 4" Irrigation Sleeves $1,980.00 $5,000.00 $2,250.00 2" Irrigation Sleeves $7,050.00 $18,800.00 $5.640.00 Total Alternates $24,540.00 $52,000.00 $22,930.00 Total Base & Alternates $289,460.64 $322,949.50 $290,347.67 . Staff recommends award of this bid to Hannula Landscaping, Inc. as the lowest, .qualified, and responsive bidder. . Staff recommends award of base bid amount of $289,460.64 and alternates as selected by the Golden Gate MSTU Committee as 6" Irrigation Sleeves at $15,510.00, 4" Irrigation Sleeves at $1,980.00, and 2" Irrigation Sleeves at $7,050.00 FISCAL IMPACT: The total award amount needed to open a purchase order for the base bid plus selected alternates with Hannula Landscaping, Inc. is $289,460.64 plus 10% contingency of $28,946.00 for a total of $318,406.64. Funds are available in improvements general, Golden Gate MSTU Fund (153). - Agenda Item No. 1688 October 24, 2006 Page 2 of 10 GROWTH MANAGEMENT IMP ACT: There IS no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid #06- 4034 "Golden Gate MSTU - Sunshine Boulevard Landscape & Irrigation Installation Project" to Hannula Landscaping, Inc. and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. Prepared Bv: Darryl Richard, Project Manager, Alternative Transportation Modes Department Attachments: 1) Bid #06-4034 Tabulation 2) October 10, 2006 Golden Gate MSTU Advisory Committee Special Minutes ,.,....".';~ ,,~., Item Number: Item Summary: Meeting Date: Agenda Item No. 16B8 October 24, 2006 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B8 Recommendation to award Bid #06-4034 Golden Gate MSTU Sunshrne Boulevard Landscape & Irrigation lns1allallOn Project" to Hannula Landscaping, Inc with a base amount of $289460 64 and 10% contingency of $28.94600 for a total ot $318,40664. 10124/20069:00.00 AM Project Manager Date Prepared By Darryl Richard Transportation Services Alternative Transportation Modes 10/9/20065:23:03 PM Darryl Richard Project Manager Date Approved By Transportation Services Alternative Transportation Modes 10/912006 5:24 PM Pamela J. Lulich Project Manager Date Approved By Transportation Services Alternative Transportation Modes 1019120065:26 PM Gloria Herrera ManagemenUBudget Analyst Date Approved By Transportation Services Stormwater Management 10110/20067:54AM Norm E. Feder, AICP Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin. 10110/200611:30 AM Brenda Brilhart Purchasing Agent Date Approved By Administrative Services Purchasing 10110120062:24 PM Mike Hauer Acquisition Manager Date Approved By Administrative Services Purchasing 10/10120063:46 PM Approved By Steve Carnell Administriltlve Services Purchasing/General Svcs Director Date Purchasing 10/11120061 :58 PM Sharon Newman Accounting Supervisor Date Approved By Transportation Services Transportation Services Admin 101131200610:53 AM Pat Lelmhard Executive Secretary Date Approved By Transportation Services Transportation Services Admin 101131200611:29 AM Mark' Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 10116/20061:56 PM Approved By James V. 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OJ ,s '" <I> '" " :a OJ .:; ~ o .9:!: ~~ '" ~ E.9 ~l i':''€l '" ~ .>; 0 E"" ;,;; cv <I> ~ a.~ '" '" "" E '" E ~ ~ '" "I a;. U (9 .: ... <( Agenda Item No. 1688 October 24, 2006 Page 7 of 10 GOLDEN GATE M.S.T.U. ADVISORY COMMITTEE 2885 Horseshoe Drive Naples. FL 34104 October 10, 2006 MINUTES I. The meeting was called to order by Darryl Richard at 4:10 p.m. due to the absence of a Chairman and Vice-Chairman. It was decided to have Pat Spencer act as Chairman for the day. II. Attendance Members: Peggy Harris, Ginger Martin, Patricia Spencer. County: Darryl Richard- Project Manager, Tessie Sillery- MSTU Project Coordinator. Others: Michael McGee- McGee & Associates, Dan Mote, Frank Kip and Michael L. Luneke- Advanced Lawn & Landscape, Rick Sims, Barbara Segura, Michelle Guerrero- Mancan. III. Approval of Agenda Add: _ Line item "VIII. New Business, B. Golden Gate and Santa Barbara Sign Lighting" - Line item "V. Hanula Landscaping and Irrigation Bid" Ginger Martin moved to approve the agenda as amended. Second by Peggy Harris. Motion carries unanimously 3-0. IV. Approval of Minutes: September 12,2006 Ginger Martin moved to approve the September 12, 2006 minutes. Second by Peggy Harris. Motion carries unanimously 3-0. V. Hannula Landscaping and Irrigation Bid Executive Summary "Recommendation to award Bid #06-4034 Golden Gate MSTU - Sunshine Boulevard Landscape & Irrigation Installation to 1 Agenda Item No. 1688 October 24, 2006 Hannula Landscaping, Inc. with a base amount of $289,460.64 and 10%ge 8 of 10 contingency of $28,946.00 for a total of $318,406.60" (see attachment) was reviewed. Bonness Inc. has not installed the sleeveing, lighting or replaced the defective curbing; they have a deadline of October 18th. Darryl Richard will set up a meeting with the Purchasing department to review this contract, deadline, and recourse for an incomplete job. Hannulas prices for the sleeveing will be compared with pricing from Bonness. Peggy Harris moved to approve Executive Summary "Recommendation to award Bid #06-4034 Golden Gate MSTU - Sunshine Boulevard Landscape & Irrigation Installation to Hannula Landscaping, Inc. with a base amount of $289,460.64 and 10% contingency of $28,946.00 for a total of $318,406.60." Second by Ginger Martin. Motion carries unanimously 3-0. VI. Landscape Maintenance Report - Advanced Lawn A. Maintenance Report Trimming was preformed Saturday and Sunday mulch will be applied (the application schedule will be set around the Parade on Saturday at 10:00 a.m. to 12:00 p.m.) - A line broke on Tropicana; it has been repaired - A tank was replace on Tropicana A water truck can be ordered if an irrigation system is not functioning for 6-7 days. Roger Dick can have daily correspondence with Dan Mote on the watering schedule. Advanced Lawn & Landscape Service will be removing any of the dead plants from the free plantings. VII. Landscape Architects Report - Michael McGee A. Landscape Update Michael McGee would like Advanced Lawn & Landscape Service to make sure to water. B. Update on Sunshine Project -Michael/Darryl Previously addressed. VIII. Transportation Operations Report A. Current Budget - Tessie Sillery The budget report will be given at the next meeting with some modifications. 2 1. Line Item for Administration Cost Agenda Item No. 1688 October 24,2006 Page 9 of 10 Darryl Richard will report back on this issue next month. It was requested to have Sharon Newman make a report at the next meeting. 2. Line Item for Road Mowing fund transfer It was explained that the Transportation Department transfers funds into the Golden Gate MSTU for mowing so that when all of the funds have been used up and more mowing is required then the funds are taken from the Golden Gate MSTU. This item will be addressed again for a detailed explanation at the next meeting. B. Project Manager Report - Darryl Richard The report was distributed (see attachment). IX. New Business A. Grants Coordinator The Grants Coordinator was not available to address the issue. - B. Golden Gate and Santa Barbara Sign Lighting X. Old Business A. Update on Golden Gate Parkway Bridge - Pat A structural engineer has been hired. No work on bridge construction will be going forward for 6-9 months. IX. New Business B. Golden Gate and Santa Barbara Sign Lighting Pat Spencer suggested new lighting for the Golden Gate and Santa Barbara sign when it is relocated. Open discussion ensued on who will have to pay for the sign relocation. X. Old Business C. Master Plan Discussion .- A purchase order needs to be issued. This item will be addressed at the next meeting. XI. Public Comments 3 Agenda Item No. 1688 October 24,2006 Page 10 of 10 None There being no further business to come before the Committee, the meeting was adjourned at 5:12 p.m. The next meeting is scheduled for November 14th, 4:00 PM At Golden Gate Community Center Naples, FL 4 Agenda Item No. 1689 October 24, 2006 Page 1 of 2 EXECUTIVE SUMMARY Approve a FY 07 Budget Amendment in the amount of $150,000 establishing current year appropriation for remittances to the Southwest Florida Expressway Authority. OBJECTIVE: Approve a FY 07 budget amendment establishing current year appropriation for remittances to the Southwest Florida Expressway Authority. CONSIDERATIONS: The Board of County Commissioners on July 25,2006 (agenda item lOH) approved an initial appropriation of$150,000 as seed money for the Southwest Florida Expressway Authority. Subsequent to this action, the BCC on September 26,2006 (agenda item 16B5) , directed that a portion of the $150,000 appropriation or $25,000 could be allocated for hiring a certified public accountant in order to establish and regularly administer Authority finances. ,"- It was anticipated that all required purchase orders would be encumbered during FY 06 and subsequently rolled into FY 07 with no further Board action required. However, due to delays in the consultant hiring process, the purchase order was not issued in FY 06. As a result, funds must be re-budgeted in line with previous BCC direction. FISCAL IMPACT: This FY 07 budget amendment will move money from General Fund (00 I) reserves and establish the expense budget within general administrative cost center (100190). GROWTH MANAGEMENT IMPACT: The widening ofI-75 to ten (10) lanes is consistent with the County's Growth Management Plan and the MPO's Long Range Transportation Plan. RECOMMENDATION: That the Board of County Commissioners approves an FY 07 budget amendment in the amount of $150,000 establishing current year appropriation for remittance to the Southwest Florida Expressway authority. Prepared by: Mark Isackson, Office of Management and Budget. ,......... Agenda Item No, 1689 October 24, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1689 Meeting Date: Approve a FY07 Budget Amendment In the amount of $150,000 establishing current year appropriation for remIttances to the Southwest Florida Expressway Authority 10/24/20069,0000 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 10/17/20061 :57 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/17120064:01 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/17120064:21 PM Agenda Item No. 16C1 October 24,2006 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve a Donation Agreement and accept an Access Easement from The Preserve at the Shores at Berkshire Lakes Condominium Association, Inc. to provide legal access to Lift Station #313.19 at a cost not to exceed $3,800. OBJECTIVE: The public purpose is to obtain authorization from the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District (Board), to approve a Donation Agreement and accept an Access Easement from The Preserve at the Shores at Berkshire Lakes Condominium Association, Inc. (Owner) conveying access to Lift Station #312. ,-- CONSIDERATION: Wastewater Lift Station #313.19 is located off Berkshire Pines Drive within The Preserve at the Shores at Berkshire Lakes (see location map). A Florida Power & Light Company transformer and other public utility infrastructure effectively blocks access between the lift station and the right of way of Berkshire Pines Drive. As a result of the blocked access, the Wastewater Department has been required to utilize an alternative route for maintenance and operation of the lift station, and an access easement from the Owner is required for this use. The new access point is off a cul-de-sac behind the station which is better for Public Utilities and will allow our equipment to be off the main road when performing maintenance on the station. The only viable alternative route is located within a platted preserve area. The proposed access is a better, more efficient and compatible access for County vehicles and equipment. Use of the preserve area for access has created a violation of the Collier County Land Development Code. In order to cure the code violation and permit utilization of a portion ofthe preserve area for access, a Preserve Restoration Plan has been prepared, which provides for replacement plantings to mitigate for the plantings lost in the access easement area. Owner has agreed to donate the Access Easement measuring approximately 15- feet in width and forty seven- feet in length. The Donation Agreement, and Access Easement, and Preserve Restoration Plan have been reviewed and approved by the Wastewater Collections Department, Code Enforcement, and the County Attorney's Office. FISCAL IMPACT: The total cost should not exceed $3,800 ($2,317 for the Preservation Restoration Plan, $822 for plants and installation, and $661 for title commitment, title policy, and recording of documents). Funds in the amount of $3,800 are available for this project. Funds are available in County Water-Sewer Fund 408. GROWTH MANAGEMENT IMP ACT: There is no impact on growth management related to this project. RECOMMENDATION: That the Board of County Commissioners: ,,,,,,........ 1. Approve the attached Donation Agreement and accept the attached Access Easement; and ,,"-" .....-' Agenda Item No. 16C1 October 24, 2006 2. Authorize Chairman Halas to execute the Donation Agreement on behaliPtl~EtIreof 10 Board; and 3. Authorize staff to prepare related vouchers and Warrants for payment; and 4. Direct the County Manager or his designee to proceed to follow all appropriate closing procedures and to record the Easement and any and all necessary documents to obtain clear title. PREPARED BY: Marlene 1. McLaughlin, Property Acquisition Specialist Real Estate Services/Facilities Management Department Item Number: Item Summary: Meeting Dale: Agenda Item No. 16C1 October 24, 2006 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C1 Recommendation to approve a Donation Agreement and accept an Access Easement from The Preserve at tt1e Shores at Berkshire Lakes Condominium ASSOCiation Inc. to provide legal access to Lift Station #312 at a cost not 10 exceed S3.800. 1012412006 90000 AM Property Acquisition Specialist Date Prepared By M arlane McLaugl11i n Administrative Services Real Estate Services 10/6/20062:59:36 PM Wastewater Collections Manager Date Approved By Stephen L Nagy Public Utilities WasteWater 10/612006 3:00 PM Skip Camp, C.F.M, Facilities Management Director Date Approved By Administrative Services Facilities Management 1016/20064:00 PM Toni A. Matt Real Property Supervisor Date Approved By Administrative Services Facilities Management 10/6120064:50 PM Marlene McLaughlin Property Acquisition Specialist Date Approved By Administrative Services Real Estate Services 1 0/612006 5: 16 PM Approved By Thomas Wides Public Utilities Operations Director Date Public Utilities Operations 1019/20068:03 AM Senior Field Supervisor Date Approved By James A. Gammell Public Utilities WasteWater 10/9/2006 9:34 AM Operations Manager Dllte Approved By Ron Molly Public Utilitles Wastewater 10191200610:05 AM G. George Yilmaz WasteWater Director Date Approved By Public Utilities WasteWater 10110120063:53 PM James W. DeLony Public Utilities Administrator Date Approved By Public Utilities Public Utilities Administration 10/11120062:53 PM Approved By OMS Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 10/12120067:52 AM Randy Greenwald ManagemenUBudget Analyst Date Approved By County Manager's Office Office of Management & Budget 10113120069:27 AM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 10113/200611:41 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10113/20065:13 PM Agenda Item NO.1 C1 October 24, 2 06 Page 4 0 10 PROJECT: Preserve at the Shores at Berkshire Lakes FOLIO: 68390002420 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between THE PRESERVE AT THE SHORES AT BERKSHIRE LAKES CONDOMINIUM ASSOCIATION, INC., a Florida Non Profit Corporation, (hereinafter referred to as "Owner"), whose mailing address is 7845 Berkshire Pines Drive, Naples, Florida 34104, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as "CCWSDn), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, CCWSD has requested that Owner convey to the CCWSD a perpetual, non-exclusive access easement over, under, upon and across the lands described in Exhibit nA" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement for the purpose of operating and maintaining utility facilities adjacent thereto; and WHEREAS, Owner desires to convey the Property to CCWSD for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the CCWSD for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by CCWSD; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Utility Easement to CCWSD at no cost to the CCWSD, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the publiC records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 3, Closing shall occur within sixty (60) days from the date CCWSD executes this Agreement; provided; however, that CCWSD shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting CCWSD enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws, that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to CCWSD; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to 1 " Agenda Item No, 16C 1 October 24, 2006 Page 5 of 10 be conveyed to CCWSD, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b). any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. CCWSD shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by CCWSD. The cost of the title commitment shall be paid by CCWSD. 7. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 8. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 9. CCWSD shall cure Collier County Code Enforcement Case Number 2004030401 by the implementation of a staff approved preserve management and restoration plan. The cost of the ecological services for the exchange of the proposed 653.05 square foot access easement area (more or less) will be borne by CCWSD. The Preserve at the Shores at Berkshire Lakes Condominium Association, Inc. ("Association") reserves the right to conduct the planting of the required shrubs and grasses as per an approved preserve management and restoration plan. If the Association does not so elect within sixty (60) days of the CCWSD's request to do so, CCWSD or its agents or contractors may enter upon the Association land for implementation of the restoration plan. Future maintenance of the preserve area remains the Association's responsibility. 10, This Agreement is governed and construed in accordance with the laws of the State of Florida. 2 Agenda Item No. 1 ~c 1 October 24, 2 06 Page 6 0 10 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO CCWSD: DATED: 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 ATTEST: Deputy Clerk BY: Frank Halas, Chairman AS TO OWNER: WITNESSES: () {~J The Preserve at the Shores at Berkshire Lakes Condominium Association, Inc" a Florida Non Profit Corporation Name: ~ .6/i'UAI AJC f (Print or Type) / By/ Harvey R nthal, President 7845 Berkshire Pines Drive Naples, Florida 34104 Approved as to form and legal sufficiency: ILL h1(L ..//~ Allen T. Chadwell Assistant County Attorney 3 O. J6C1 October 4, '~006 P,O,C. Pag 7 r 10 I - EXHIBIT A LOT 39 __~ I ~_N=~~ I~ .. , ...~ . SCALE: 1"=10' ~ 0" . '5' 10' '" ~ q P.O,B, 20' -a (JOIO ''4 80 "- . TRACT Pl lIE \ \ COUNTY UTILITY EASEMENT TRACT Pl /".", / '" / '" / / TRACT A '" / LEGAL. DESCRIPllON: A PORTION OF TRACT P-l AS SHOWN ON THE PLAT OF THE PRESERVES AT THE SHORES AT BERKSHIRE LAKES AS RECORDED IN PLAT BOOK 30, PAGES 96 THROUGH 98 OF THE PUBLIC RECORDS OF COLlIER COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING' AT THE SOUTHWEST CORNER OF TRACT P-l OF THE PRESERVES AT THE SHORES AT BERKSHIRE LAKES, AS RECORDED IN PLAT BOOK 30. PAGES 96 THROUGH 98 OF THE PUBLIC RECORDS OF COLLIER COUNTY; THENCE N,89'S2'S9"E.. A DISTANCE OF 30.00 FEET TO THE EASTERLY LINE OF THE COUNTY UTILITY EASEMENT SHOWN ON SAID PLAT; THENCE N.00'07'01"W., ALONG SAID EASTERLY LINE A DISTANCE OF 16.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N,OO'07'Ol"W" ALONG SAID LINE, A DISTANCE OF 1.3.60 FEET; THENCE S.89'S2'S9"W. ALONG THE NORTHERLY LINE OF SAID COUNTY UTILITY EASEMENT, A DISTANCE OF 7,04 FEET; THENCE N.SO'SO'07" E.. A DISTANCE OF 48.32 FEET TO ITS INTERSECTION WITH THE SOUTHWESTERLY LINE OF TRACT A AS SHOWN ON SAID PLAT or THE PRESERVE AT THE SHORES AT BERKSHIRE LAKES, SAID POINT BEING THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEn. or WHICH THE RADIUS POINT LIES S,80'24'06"W,. A RADIAL DISTANCE OF 4S,OO FEET AND HAVING A CHORD BEARING or 5.19'46'31"[" 1S.90 FEET; THENCE SOUTHERLY ALONG THE ARC, AND ALONG THE WESTERLY LINE OF'TRACT A, THROUGH A CENTRAL ANGLE OF 20'21'14", A DISTANCE Of lS,99 FEET; THENCE S.SO'SO'07"W" A DISTANCE OF 46.14 FEET TO THE POINT or BEGINNING, CONTAINING 6S3.0S SQUARE FEET OR 0.01S0 ACRES. MORE OR LESS, NOTES: 1, BASIS OF BEARING IS SOUTH LOT LINE OF TRACT P-l or THE RESERVES AT THE SHORES AT BERKSHIRE LAKES. PHASE ONE BEING N89'S2'S9"E. 2. THIS PROPERTY IS SUBJECT TO ANY rACTS THAT MAY BE REVEALED WITH A FULL AND ACCURATE TITLE SEARCH. 3, ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOr, UNLESS OTHERWISE NOTED. LEGEND P,O.B, - POINT OF BEGINNING P,O.C, - POINT or COMMENCEMENT FOR THE EXCLUSIVE USE OF: COLLIER COUNTY WASTE WATER MANAGEMENT ,P,S ,(FOR THE FIRM) FLA, L1C. NO. S834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. WI/.Mllle, -"'='~ ,......,........~.~.~........,............c..IIlflII _,tlc _""'Lftl Nt lilt. ...................,. "".. ........ ,. ~. ....... -.......... ~ IIllI IHIIf IIlWIINO IIIIIX IIllI N823S-00S-002 I ctI" I IC-37 2006 - 14:42:H TOSBORNElx:\SUR\N8235\PUIolP STATIONS (T.o"")\ 1 C-37(tmne).dw9 ~.'l r~ ,- ..... Agenda Item No, 1 C 1 October 24, 2 06 Page 8 0 10 PROJECT: Preserve at the Shores at Berkshire Lakes FOLIO: 68390002420 ACCESS EASEMENT THIS EASEMENT, made and entered into this A day of ~f.Or~-Wt~ 2006, by THE PRESERVE AT THE SHORES AT BERKSHIRE LAKES CONDOMINIUM ASSOClblON, INC., a Florida Non Profit Corporation, whose mailing address is 7845 Berkshire Pines Drive, Naples, Florida 34104. (hereinafter referred to as "Grantor"), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, successors and assigns, whose mailing address is 3301 East Tamiami Trail, Naples. Florida 34112, (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee' include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WIT N E SSE T H: Grantor, for and in consideration of TEN DOLLARS ($10,00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement for access purposes, on, over and within the following described lands located in Collier County, Florida, to wit: See attached Exhibit "An which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY, TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land for the purpose of constructing, operating and maintaining utility facilities adjacent thereto. The easement granted herein shall constitute easements running with thB land and shall burden the lands described above, IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written, w~4~ ,J(; S r ;...;eA- (Print or ~.. ~) ~--~./...._.- - " THE PRESERVE AT THE SHORES AT BERKSHIRE LAKES CONDOMINIUM ASSOCIATION, INC., a Florida Non Profit Corporation By!bif:(2~ 7845 Berkshire Pines Drive Naples, Florida 34104 NOTARY PlJ!lJC.St\TE OF FLORIDA ~ Annette Hernandez CommJssiOD #DD378236 Expires: DEe, 09, 2008 Bonded Thnl...t1antic Bonding Co" Ino, The foregoing Access Easement was acknowledged before me this .JB. day of ~ pic , 2006 by Harvey Rosenthal, President on behalf of The Preserve at the Shor Berkshire Lakes Condominium Association, Inc., a Florida Non Profit Corporation, who IS personally ~own to mepr who has produced as identification, WITNESS my hand and official seal this ~day o~ ' 2006. (affix notarial seal) a (Signature of Notary Public) _ .-1_ lJi1rtt.J..k'" Herm~l j (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #,:(if any) ~~~~ 3<0 My Commission Expires: ~~__ ~_ ~ d IS t. fOrR , leval suff\c\IfttY ~MO~~/~~ ~S$ t staat eMn", ~ttorne, Ellen i. en-Owe" -. 6C1 006 f 10 \ - EXHIBIT -A. LOT 39 ~_.J.......oI...L- ----r - NB'52"9"~~ I~ SCALE: ," -'0' ~ 0" "5' 10' '" '.!> q P.O.B. , 20' TRACT Pl \ \ COUNTY UTILITY EASEMENT TRACT Pl /'.~ / ~ / ~ // TRACT A ~ / CHORD BRG. S 19'46'31"E l.ECW. DESCRIPllON: A PORTION OF TRACT P-' AS SHOWN ON THE PLAT OF THE PRESERVES AT THE SHORES AT BERKSHIRE LAKES AS RECOROEDIN PLAT BOOK 30, PAGES 96 THROUGH 96 OF THE PUBLIC RECOROS OF COLLIER COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING' AT THE SOUTHWEST CORNER OF TRACT p- 1 OF THE PRESERVES AT THE SHORES AT BERKSHIRE LAKES, AS RECORDED IN PLAT BOOK 30, PAGES 96 THROUGH 96 OF THE PUBLIC RECORDS OF COLLIER COUNTY; THENCE N.B9'S2'S9"E" A DISTANCE OF 30.00 FEET TO THE EASTERLY LINE OF THE COUNTY UTILITY EASEMENT SHOWN ON SAIO PLAT; THENCE N.OO'07'Ol"W" ALONG SAID EASTERLY LINE A DISTANCE OF 16.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N,OO'07'01"W" ALONG SAID LINE, A DISTANCE OF 13.60 FEET; THENCE S,B9'SZ'S9"W, ALONG THE NORTHERLY LINE OF SAID COUNTY UTILITY EASEMENT, A DISTANCE OF 7,04 FEET; THENCE N,SO'50'07"E.. A DISTANCE OF 46,32 FEET TO ITS INTERSECTION WITH THE SOUTHWESTERLY LINE OF TRACT A AS SHOWN ON SAID PLAT OF THE PRESERVE AT THE SHORES AT BERKSHIRE LAKES, SAID POINT BEING THE POI~T OF CURVE OF A NON TANGENT CURVE TO THE LEFT. OF WHICH THE RADIUS POINT LIES S,60'24'06"W" A RADIAL OISTANCE OF 4S,OO FEET AND HAVING A CHORD BEARING OF S.19'46'31"E., IS.90 FEET: THENCE SOUTHERLY ALONG THE ARC, AND ALONG THE WESTERLY LINE OF' TRACT A, THROUGH A CENTRAL ANGLE OF 20'21'14", A DISTANCE OF 15.99 fEET; THENCE S.50'5D'07"W., A DISTANCE OF 46,14 FEET TO THE POINT Of BEGINNING, CONTAINING 653,05 SQUARE fEET OR 0.0150 ACRES, MORE OR LESS. NOTES: 1, BASIS Of BEARING IS SOUTH LOT LINE OF TRACT P-l OF THE RESERVES AT THE SHORES AT BERKSHIRE LAKES, PHASE ONE BEING NB9'S2'59" E, 2, THIS PROPERTY IS SUBJECT TO ANY fACTS THAT MAY BE REVEAlED WITH A FULL AND ACCURATE TITLE SEARCH, 3, ALL DIMENSIONS ARE IN fEET AND DECIMALS THEREOF. UNLESS OTHERWISE NOTED. LEGEND P,O,B. - POINT OF BEGINNING P,O.C. = POINT OF COMMENCEMENT FOR THE EXClUSIVE USE Of: COLLIER COUNTY WASTE WATER MANAGEMENT . P,S, . (fOR THE fiRM) FLA. lIC, NO, 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A fLORIOA LICENSED SURVEYOR AND MAPPER This is NOT 8 Survey. WI/.MII/e, -=r.==... ..............................,..,.~......................~ _,he ......,~....IOII. .......".,..........,.... ~.,. ............................... 2006 _ 14:42:24 TOS80RNElX:\SUR\N823S\PUlAP SIATlONS (I<ono)\ lC-37(t,ono).dwq IHI:lf I Of' I IWMIO IIIIll lIOJ IC-37 III ,-J~ : '1~ :f' -. Agenda Item No. 16C1 October 24, 2006 Page 10 of 10 LOCATION MAP The Preserve at the Shores at Berkshire Lakes . Blue square depicts the approximate existing easement for Lift Station #312 . Yellow lines depict the approximate proposed easement area to the lift station . Agenda Item No. 16C2 October 24,2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to convey a Utility Easement to the Water-Sewer District for the construction and maintenance of a water transmission main on property owned by Collier County at Goodland Park. OBJECTIVE: That the Board of County Commissioners of Collier County, Florida (Board) convey a Utility Easement to the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District (District). The public purpose is to provide the Utility Easement required for the construction and maintenance of the Water Main Expansion Project for the Goodland Water Main Project. CONSIDERA liONS: The Project involves the expansion of the eXlstmg water main on Goodland Park property. The purpose for the expansion is to provide service to the residences located on Palm Point Drive. The location of the Project is shown on the attached location map. The attached Utility Easement has been reviewed and approved by the County Attorney's Office and the Public Utilities Division. FISCAL IMPACT: The total cost will not exceed $18.50 for the recording of the Utility Easement. Funds for this $18.50 obligation are available in the Goodland Water District Fund ~ (441). GROWTH MANAGEMENT IMPACT: The Project is consistent with, and furthers the goals, objectives, and policies of, the Collier County Growth Management Plan. RECOMMENDATION: That the Board: 1. Approve and authorize Chairman Halas to execute the attached Utility Easement; and 2. Accept the attached Utility Easement; and 3. Direct the County Manager or his designee to proceed to follow all appropriate closing procedures and to obtain clear title and any and all necessary documents to the Utility Easement. PREPARED BY: Jason Bires, Property Acquisition Specialist Real Estate ServicesIFacilities Management Department -~~-. r Item Number: Item Summary: Meeting Date: Agenda Item No. 16C2 October 24, 2006 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C2 Recommendation to convey a Utility Easement to the \Nater"Sewer District for the construction and maintenance of a water transmiSSion main on property owned by Collier County at Goodland Park 10124/20069.0000 AM Property Acquisition Specialist Date Prepared By Jason Bires Administrative Services Facilities Management 9/25/20064:31:31 PM Pamela Libby Water Operations Manager Date Approved By Public Utilities Water 9/26/2006 1 : 11 PM Skip Camp, C.F.M. Facilities Management Director Date Approved By Administrative Services Facilities Management 9/2812006 3: 21 PM Approved By William D. Mullin, PE Public Utilities Principal Project Manager Date Public Utilities Engineering 9/29/20068:57 AM Public Utilities Engineering Director Date Approved By Roy 8. Anderson, P.E. Public Utilities Public Utilities Engineering 10/2/200612:37 PM Toni A. Mott Real Property Supervisor Date Approved By Administrative Services Facilities Management 10/3/2006 9:01 AM Thomas Wides Operations Director Date r Approved By Public Utilities Public Utilities Operations 10/4120063:49 PM Public Utilities Administrator Date Approved By James W. DeLany Public Utilities Public Utilities Administration 10/10/2006 2:49 PM Administrative Assistant D(;lte Approved By OMS Coordinator County Manager's Office Office of Management & Budget 10/11/20062:40 PM Randy Greenwald Management/Budget Analyst Date Approved By County Manager's OffIce Office of Management & Budget 10/12/20069:30 AM Michael Smykowski Management & Budget Director Date App roved By County Manager's Office Office of Management & Budget 10/13/20069:42 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/13/200610:36 AM ,-.. Agenda Item NO.1 C2 October 24,2 06 Page 4 f 5 /'- PROJECT: Goodland Water Main FOLIO: 46372960201 UTILITY EASEMENT THIS EASEMENT, made and entered into this day of , 2006 by COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Grantor", to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX.OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, hereinafter referred to as "Grantee". WIT N E SSE T H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement for utility purposes and access on the following described lands located in Collier County, Florida, to wit: See attached Exhibit" A" which is incorporated herein by reference, Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials, including, but not limited to, water lines and pipes and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon, The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ATTEST: DWIGHT E, BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ,Deputy Clerk Frank Halas, Chairman Approved as to form and legal su . iency - It'ATERWAY o 50' 100' !""""""'I SCALE IN fEET / DESCRIPTION: A PARa:l or lAHO LOCATW IN Sl.CnOHS 1l!J AND Ill. T()llIN$HIP !l2 SOUnl. tl'lNGE H ["ST. Cou.llll: CCUriT'f. ~LORIOA .EINC WORE ,...RncuL.AIl'LY OU~O "S fCl.LOWS; COWW(Na: AT THE h'OR'n€AST CORtER Of lOT ~. 8LOD: "f' a GC<XIl..AHO ISlES St:CCI'ID JI,OOlTlON. A g"e0l~ IIECOROE'D IN Pl"T BOQI( e. ,...01: ,.. or TM( PlJtIUC MCORDS OF ca..1J[R CQJNTY, ~lOInOA ~ IlUN SOIJTI-l 1'1"']. [AS1 "'-Ol\le 'Of[ (AST liNt OF 5-U) LOl !.l. A Dl51AHCE I:Y M.1~ fITT 10 1ll[ SOlJ1H[,t..$T CClIl'N[I'l (Y SAID LOT ~ MIOCf SCltJ'1H '~'1'?O" (AST AlONe THE llII[ST UHE or TI-1( PROP{ItTY AS ()[CIllBCD IN ornCl..... AtCCRCl'S 8ocP: 21172, PAc;[ 2M' or SAm PUll.IC lII(COItDS AND Tl1E ''II(Sf lJN[ Of A )O-fOOT IlCC(SS [AS(',l'IJf1, A DISTANCE or J<<I.~ ruT TO TI-4: NOItTl4'tl(STtIl'lY CORNEt a ll1E ~tTY "'5 MCMlftD N Cln'lCl.... RECORDS 800K J745. PAC( 2l"~ or SAID PLIIIUC RECORDS;; Millet SOJTl4 72'!l'll" EiU.l ALOMlt JMl SOJ~'SlEJlLY LN( or SAID ~RTY ol.!J ()(CtlI9ED" I"1OAl N:CCIt05 lIOOK N12, PAGl 2M7, .. l)IST,f.NC( or 128.00 n:El: 1l-ll:NCi HOIlTl-l 1]-,0'..... 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IoIClII'( OR lLS5. ; :: :.t:~~r.~~ ~=~III:: TH~~~ ,,:"~W~~~ ~SIJ=::~o~";~~ ~y1\i;:s':lml1~ AS 10 _ M OElJN[AllON Of ANT ..IJRISOlCTlatAl.- lINES eXCEPT AS SHOWlll OR HOltO H[It[(lN ~ ~~ ::"6.= =O(~c:.Alw:S~~ :~!I~E=:~l": ~~.. ~/w=: :=~ ~ SlAMDARDS (61cn-6~AG) <0 '1, lJLVATICINS AIlE !lASED ON NATI(Iol"l aCOU1C VERTICAL OATl.Jtol. 1129 NlOIoITlOAL 8{14().fWA.Ill( SI.AWJ>{D 812 4019 ~ ~~:~U:~"'~~~;'::::T~ or ~n FrE1 AMO TIOAL IIf':lIoICt;W,Un( 5TNI/P[D l!J72 "9ll C roM "',.,.. " on LEG END: )l 00' ... SPOT El[VAT'lON ClIO TOP Of PtP{ 0.1t,9 ... OfT!CIoAI. It[ClllIlOS--=- SURVEYOR'S CEIlTIFICATION: a_r E. 5,.... (for tM ~.... u:,U2) P,..'-...... L-.l Sur"-)lllll' n.......o Cll'tlllcot. No. 5Je!l Dol. ~.d: _ I\Iot ....Id "110M t... .,9"ot......OI'l<l.,.........,....."-"O ...".,.,.Fl....- L,co.._s..'''l'W...dlollo~. JOll N ~(~)N REVISED 6-1~ 200& TO CORRECT DESCRIPTION AN U NA.PLES, FLORIDA 34 ~ 12 PHONE (239) 434-0333 FAX (239) 434-9320 E8. H642 & L.8. #642 1 Of 1 AS-BUILT SURVEY ENGINEERING 712006 Agenda Item No.1 C2 October 24, 06 Page 5 f 5 :Bm C)~ \~ ~ o I~ Agenda Item No. 16C3 October 24,2006 Page 1 of 8 Executive SUmmary Recommendation to approve Work Order # UC-250 under Contract # 04-3535, Annual Contract for Underground Utilities Contracting Services, to Kyle Construction, Inc. in the amount of $933,820.00 for construction of fire and irrigation water system improvements in Pelican Bay, Project Number 74023. OBJECTIVE: The public purpose of this project is to ensure the long-term reliability of the Pelican Bay fire protection water system. This is being accomplished by converting the fire protection water supply from the irrigation quality water system to the County's potable water system. CONSIDERATION: The Pelican Bay Fire & Irrigation Water System Improvements project has been implemented in phases commencing in the year 2001. The work being performed under this work order is part of the final phase of this project for conversion of the fire protection systems in Pelican Bay to potable water. This project is consistent with the 2005 Wastewater Master Plan Update adopted by the Board of County Commissioners as Agenda Item 10 (B) on June 6, 2006. - The preparation of construction plans and specifications has been completed for construction of fire and irrigation water system improvements along (1) a portion of Bay Colony Drive with condominiums and (2) the single family area designated as The Strand. As a result, requests for quotations were solicited from contractors under the Annual Contract for Underground Utility Contracting Services [Contract # 04-3535, approved by the Board of County Commissioners on March 9, 2004, Agenda Item 16(E)(6)]. The proposals are broken down into two phases as follows: . Phase 1: Base Bid (Directional Drill)- This covers the construction III the condominium area along Bay Colony Drive. . Phase 2: Alternate Bid (Directional Drill) - This covers the construction in the single family area of The Strand. A summary of the proposals received for Phase 1 is as follows: Contractor Amount . Kyle Construction, Inc. $ 933,820.00 . Haskins, Inc. $1,015,400.00 . Mitchell & Stark Const. Co., Inc. $1,243,146.00 ,-. Agenda Item No. 16C3 October 24, 2006 Page 2 of 8 A summary of the proposals received for Phase 2 is as follows: Contractor Amount . Kyle Construction, Inc. $ 848,020.00 . Haskins, Inc. $ 919,900.00 . Mitchell & Stark Const. Co., Inc. $1,458,277.00 Based upon a review of the proposals by staff and the design professional, Wilson Miller, Inc. (letter attached), it is recommended that Work Order # UC-250 with Kyle Construction, Inc. in the amount of $933,820.00 be approved for construction of Phase 1 as described above. Paragraph # 2, The Statement of Work, contained in Contract # 04-3535 limits the amount of work orders to $750,000.00. Therefore, we are also requesting a waiver to this provision as part of this approval. This competitive procurement strategy was chosen because performance of this work requires a fire contractors license for which only certain contractors under contract # 04-3535 are in possession of, and therefore, a separate fonnal bidding process would have limited bids from essentially the same contractors. In addition, referring to the tabulation of proposals above, it is noted that if we were to include Phase 2 in the amount of $848,020.00, the total amount of the work order would be $1,781,840.00. Phase 2 involves construction of2,800 lineal feet of a new eight-inch (8") fire line along with connections to existing services in the single family area designated as "The Strand". Staff is currently in discussion with those property owners to provide an alternate solution which could be more cost effective and less disruptive to the neighborhood. Such involves converting the source of supply to the existing fire/irrigation line from the irrigation quality water system to the County's potable water system. This would eliminate the installation of a new fire line but would require the owners to pay potable water rates for irrigation service. However, if the County cannot obtain approval from all of the twelve single family owners in the Strand, it will be necessary to add Phase 2 to the project at a later date. In that event, we will return to the Board at that time for authorization to issue a change order to the contract to include work in the single family area known as The Strand already included in the initial bid. FISCAL IMPACT: The total cost associated with approval of this work order is $933,820.00. Funding for this obligation is available in the FY07 Capital Budget adopted by the Board of County Commissioners on September 21, 2006. Current appropriations are identified in the County Sewer Capital Projects Fund (414), Pelican Bay Fire & Irrigation Water System Improvements (Project Number 74023). The source of funds is Wastewater User Fees. ,-, GROWTH MANAGEMENT IMPACT: There IS no impact to the Growth Management Plan related to this action. Agenda Item No. 16C3 October 24, 2006 Page 3 of 8 RECOMMENDATION: That the Board of County Commissioners, Ex-officio the governing board of the Collier County Water-Sewer District: 1. Approve Work Order # UC-250 with Kyle Construction, Inc. in the amount of $933,820.00 for construction of fire and irrigation water system improvements along a portion of Bay Colony Drive described as Phase 1 herein. 2. Grant a waiver to the provisions in paragraph # 2, Statement of Work, of Contract # 04-3535 to enable approval of this work order which exceeds an amount of$750,OOO.00. 3. Authorize the County Manager or his designee to execute the Work Order after approval as to form and legal sufficiency by the County Attorney's Office. PREPARED BY: Harry Huber, Senior Project Manager, Public Utilities Engineering Department Item Number: Item Summary: Meeting Date: Agenda Item No. 16C3 October 24, 2006 Page 4 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISStONERS 16C3 Recommendalion to approve Work Order # UC-250 under Contract # 04-3535. Annual Contract for Underground Utilities Contracting Services, to Kyle ConstructIon Inc. in the amount of S933.820.00 for construction of fife and irrigation water system Improvements at H',€ Strand in Pelican Bay Project Number 7402:) 10/24/2006 90000 AM Senior Project Manager Date Prepared By Harry Huber Public UtIlities Public Utilities Engineering 9115/20063:57:18 PM Lyn Wood Purchasing Agent Date Approved By Administrative Services Purchasing 9/21/20068:24 AM G. George Yilmaz WasteWater Director Date Approved By Public Utilities WasteWater 9/21120067:22 PM Thomas Wi des Operations Director Date Approved By Public Utilities Public Utilities Operations 9/21/2006 7:23 PM Roy B. Anderson, P,E. Public Utilities Engineering Director Date Approved By Public Utilities Public Utilities Engineering 9/21120067:41 PM Approved By William D. Mullm, PE Public Utilities Principal Project Manager Date Public Utilities Engineering 912212006 B: 26 AM Steve Carnell Purchasing/General Svcs Director Date Approved By Administrative Service!. Purchasing 9/22/2006 1 :49 PM James W. Delony Public Utilities Administrator Date Approved By Public Utilities Public Utilities Administration 9/25/20065:19 PM OMS Coordinator Administrative Assistant Date Approved By County Manager's Oftlce Office of Management & Budget 9/27/2006 8:08 AM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 10116/20069:16AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/16/200611:30AM e WilsOnMiller. .... New Directions In Planning, Design & Engineering -- Agenda Item No. 16C3 October 2~. pagVU ". September 12, 2006 WM PIN: N0102-084-004 Mr. Harry Huber, P.E., Senior Project Manager Public Utilities Division Engineering Department 3301 East Tamiami Trail Building H, Third Floor Naples FL 34112 Reference: The Strand in Pelican Bay parallel water main quote tabulation Dear Mr. Huber: We have reviewed the quotes received from three of Collier County's Fixed Term Underground Contractors for this project. A tabulation of the quotes is attached for your review. A summary of the tabulation is as follows: Category K Ie Construction Haskins, Inc. Mitchell & Stark Base Bid (Directional Drill) $933,820.00 $1,015,400.00 $1,243,146.00 Base Bid (Open Cut) $864,120.00 $955,900.00 $1,205,950.00 Item ate Bid (Directional Drill) $848,020.00 $919,900.00 $1,458,277.00 temate Bid (Open Cut) $733,220.00 $709,900,00 $1,412,497.00 $1,781,840.00 $1,935,300.00 $2,701,423.00 $1 ,597,340.00 $1,665,800.00 $2,618,447.00 Based on the results of this tabulation, we recommend awarding the construction contract to Kyle Construction. Kyle Construction has performed other similar project within Pelican Bay satisfactorily and they are qualified to do this work. Please feel free to contact me at 649-4040 or at CraioPaier@WilsonMiller.com should there be any questions regarding this issue. Very truly yours, ~~((~ Craig J. Pajer, P.E. cc: Claude Nesbitt OfficBS strategically located to serve our clients 800.649.4336 Naples/Corporate Offics 3200 Bailey Lane, Silfte 200. Naples, Florida 34105 · 239.6494040 · Fax 239.643.5716 wllsonmlller.com WilsonMillfll;/nc. - FL Lie", LC-C000170 Agenda Item No. 16C3 October 24,2006 Page 6 of 8 WORK ORDER # UC - 250 "UNDERGROUND UTILITY CONTRACTING SERVICES" Contract #04-3535, Dated March 9, 2004 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Pelican Bay Fire & Irrigation Water System Improvements The work is specified in the proposal dated September 8. 2006 from Kyle Construction, Inc. which is attached hereto and made part of this Work Order. In accordance with terms and conditions of the Agreement referenced above, Work Order # UC - 250 is assigned to Kyle Construction, Inc. Scope of Work: Perform services necessary to construct the improvements shown on the plans, including mobilization, maintenance of traffic, water and irrigation system improvements, chlorination and bacteriological tests and site restoration. Task I: Water and Irrigation System Improvements at "The Strand" Category - Base Bid (Directional Drill) Schedule of Work: Complete within 120 Calendar days. Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the schedule of values attached hereto in the total amount provided in the schedule below. Task I: $933,820.00 Total Fee: $933,820.00 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. Work Order # UC-250 Page 2 PREPARED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: ACCEPTED BY: Harry Huber, Senior Project Manager Public Utilities Engineering Department Stephen Y. Camel, Director Purchasing Department William D. Mullin, P,E" Principal Project Manager Public Utilities Engineering Department Roy B, Anderson, P.E., Director Public Utilities Engineering Department James W. DeLony, P.E., Administrator Public Utilities Division Kyle Construction, Inc, Charles E. Abraham, Vice President Approved as to Form and Legal Sufficiency: Assistant County Attorney Agenda Item No, 16C3 October 24, 2006 Page 7 of 8 Date Date Date Date Date Date C")(OCO ..wgo "lCO ~CD - N Ol Z,-CO ECDCL CD.o ......0 ~tl -00 c: CD Ol 4: Agenda Item No. 16C4 October 24,2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to award Bid Number 06-4017 for annual contract for chlorinator equipment to Water Treatment Controls, Incorporated for use by the Water and Wastewater Departments in the estimated annual amount of $500,000. OBJECTIVE: To obtain Board of County Commissioners approval for the award of Bid Number 06-4017, annual contract for chlorinator equipment, to Water Treatment Controls, Incorporated. CONSIDERATIONS: Bid Number 06-4017 for chlorinator equipment maintenance was processed by the Purchasing Department. Thirty-four notices were distributed to potential suppliers; one bidder submitted as requested. The Water and Wastewater Departments use this service to complete annual inspections and all required maintenance on chlorinator equipment located at water and wastewater treatment facilities and re-pumping stations. ""'- FISCAL IMPACT: The actual amount to be expended will depend on any required repairs, but is estimated to be $500,000 annually. The cost centers that will be utilizing this bid include the North County Regional Water Treatment Plant, the South County Regional Water Treatment Plant, Water Distribution, the North County Water Reclamation Facility, and the South County Water Reclamation Facility. Funds are available in County Water/Sewer Fund (408), which is funded through user fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact to the award of this bid. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio Governing Board of the Collier County Water-Sewer District, award Bid 06-4017, annual contract for chlorinator equipment to Water Treatment Controls, Incorporated. PREPARED BY: Pamela Libby - Water Operations Manager ""..-,~ Item Number: Item Summary: Meeting Date: Agenda Item No. 16C4 October 24, 2006 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C4 Recommendation to award Bid Number 06-4017 for annual contract for chlorinator equipment to Water Treatment Controls, Incorporated for use by the Water and Wastewater Departments in the estimated annual amount of $500000 10/24/200690000 AM Water Operations Manager Date Prepared By Pamela Libby Public Utilities Water 9/26/20064:30:26 PM Pamela Libby Water Operations Manager Date Approved By Public Utilities Water 9/28/20069:15 AM Jack P. Curran Purchasing Agent Date Approved By Administrative Services Purchasing 9/28/20069:24 AM Mike Hauer Acquisition Manager Date Approved By Administrative Services Purchasing 9/28/2006 11 :33 AM Paul Mattausch Water Director Date Approved By Public Utilities Water 9/28/2006 1: 53 PM G. George Yilmaz WasteWater Director Date Approved By Public Utilities WasteWater 9/29/200611 :21 AM Approved By Thomas Wides Public Utilities Operations Director Date Public Utilities Operations 10/4/20064:16 PM Steve Carnell Purchasing/General Svcs Director Date Approved By Administrative Services Purchasing 10171200611 :11 AM James W. Delony Public Utilities Administrator Date Approved By Public Utilities Public Utilities Administration 10/10/20062:47 PM Approved By AdministratIve Assistant Date OMB Coordinator County Manager's Office Offlce of Management & Budget 10/11/20062:41 PM Randy Greenwafd ManagemenUBudgel Analyst Date Approved By County Manager's Office Office of Management & Budget 10/13/20061 :36 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 10116120069:22 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/16120061 :36 PM ~c.ol!) 00- c.oOO ..,-N("') .~O) ON Ol Z....Cil EO)o... 0).0 _0 ~t5 -00 c (j) O'l <( \CI Q Q ~ Q ~ ~ ~ ~ \CI .;,; ;; ~ = ~ ... ~ = CI.l or.l ~ '" ~ .; ~ .~ .= ... ... CJ '" Q = =f z ~ E "Cl :l e - = ~ ... 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't:l .... .~ ~~ ~ e =: = ~"CI - = e Cll o't:l I.'t:l ~< .:.: = ~ -< ~ -;j ~ = '" -= Cll CJ = I. - ~~ Agenda Item No. 16C5 October 24, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve an annual membership for County Manager's Agency in The Council of International Visitors in Collier County in the amount of $300, serving a valid public purpose. OBJECTIVE: The purpose of this request is to obtain approval for payment of annual membership dues for The County Manager's Agency in The Council of International Visitors in Collier County in the amount of $300, serving a valid public purpose. CONSIDERATIONS: The Council of International Visitors in Collier County (CIVIC) is a program of the Leadership Collier Foundation and The Greater Naples Chamber of Commerce outreach program for international visitors in the Greater Naples Area. CIVIC is one of ninety-five similar councils in cities throughout the country. .~- Membership in CIVIC serves a valid public purpose by providing an opportunity to share the American way of life with people from other lands, and promoting a deeper understanding for the societies and cultures of other people. In today's global economy, recruitment efforts need to be far-reaching. CIVIC provides the networking opportunities to participate in field trips, receptions, formal presentations and special meetings. Membership enables the County Manager's Agency to contribute to global understanding as an American "citizen ambassador", FISCAL IMPACT: Funds are available in the FY07 Operating Budget in Fund 408, 210105, dues and memberships account 654210. GROWTH MANAGEMENT IMP ACT: There IS no impact on the Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners approve annual membership for the County Manager's Agency in The Council of International Visitors in Collier County, serving a valid public purpose. Prepared bv: Joe Bellone, Operations Supervisor. Public Utilities Operations. ~_. .-.. Item Number: Item Summary: Meeting Date: Agenda Item No. 16C5 October 24. 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C5 Recommendation to approve an annual membershio for County Managers Agency In The Council of Internatlonal VIsitors in Collier County in tne amount of $300, serving a valid public purpose 10/24/2006 90000 AM Operations Supervisor Date Prepared By Joseph Bellone Public Utilities Public Utilities Operations 1019/20067:58:25 AM Thomas Wides Operations Director Date Approved By Public Utilities Public Utilities Operations 10/912006 8:01 AM Public Utilities Administrator Date Approved By James W. Delany Public Utilities Public Utilities Administration 10/10120Q6 2:48 PM Administrative Assistant Date Approved By OM B Coordinator County Manager's Office Office of Management & Budget 10111120062:42 PM Randy Greenwald ManagementfBudget Analyst Date Approved By County Manager's Office Office of Management & Budget 10111120064:20 PM Michaer Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 10113/2006 9:02 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/13/200611 :35 AM r- .. ~~~J~l!&- THE COlJNC1L rOR INTfRNArfON~L VISITONS IN COWER COYfiTY The Greater Naples Chamber of Commerce 2390 Tamiami Trail N, Ste 210 Na pies, Florida 34103 +++ ~ @ U")(O"'" ..-t..::)0- 00 N"", 0"'" (1) ZN OJ ,-CO E(1)Q.. 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'" .e .S ~ =:: ..; 0) v- C -;; G 0) u ::> U "' :c .~ ';j '" ~ '" :c 03 .f ..c: .~ i3 ~ '" >." .~ .e ::: 0) .D 00 "'2 s: S:! ... <= '" ~ 0 :l s: ~ > c: :l > ::: ::; U ::; ::; u .9 .9 '" u E ~ E ;:; U ~ 0 'V: > .~ ::: '" "5 ;>,l p Q 0 0 c:i & U 0 "-- -< "-- . == [/J u . '0 .;;: ':;: u 0 ~ f= Ci.. 0 @ Agenda Item No. 16C6 October 24, 2006 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve Work Order ICTSCADA-3916-MAC-06-06 in the amount of $88,456 to McKim & Creed, P.A. under Annual Contract 06-3916 for SCADA System Upgrades at the South County Regional Water Treatment Plant, Project 71055. OBJECTIVE: The public purpose of this work order is to expand the capabilities of the current Supervisory Control And Data Acquisition ("SCADA") system at the South County Regional Water Treatment Plant (SCRWTP), through upgrade of the SCADA historian and various internal improvements to this SCADA system. These upgrades and implementations will allow SCRWTP operations staff to optimize and enhance the water treatment processes at this facility, through the efficient and effective utilization of advanced historical data collection, analysis, storage, and reporting. CONSIDERATIONS: On January 24, 2006, Agenda Item 10 D was approved by the Board of County Commissioners, awarding Contract 06-3916 - "Annual Contract for Instrumentation, Control, Telemetry and SCADA Integration Services." McKim & Creed is approved under this competitively-procured fixed-term annual contract. ,- Project 71055, "Water System SCADA & Telemetry Improvements," is included in the 2005 Water Master Plan Update adopted by the BCC on June 6, 2006, Agenda Item lOB. Included in the strategic planning under Project 71055 are specific improvements to the SCRWTP SCADA System. Subsequent to the need for upgrade of the SCADA historian and other SCADA improvements at the SCRWTP, staff requested the attached proposal from McKim & Creed. Per this proposal, the scope of work offered by McKim & Creed is the upgrade ofthe existing SCADA historian, with installation, programming and configuration included, and other modifications to the existing SCADA System. The work offered by McKim & Creed will streamline the compliance- reporting process for this facility, and will allow the operations staff to more effectively store, recall, and analyze past performance data and process trends. This will allow a more optimized system. Staff recommends McKim & Creed as best qualified to deliver this scope of work. In addition to their own capable resources, McKim & Creed will be utilizing their recently-acquired subsidiary, Rocha Controls, to deliver this work. Rocha Controls was the Instrumentation & Controls sub- contractor on the recent completion of the 8-MGD RO Plant at the SCRWTP. As such, their, knowledge, experience and understanding of the systems integration is invaluable. Staff has reviewed the proposal for $88,456 for these services, finds this offering fair and reasonable, and recommends approval of this Work Order. ~ Per the terms of Contract 06-3916, work orders with a value exceeding $50,000 require BCC approval. Executive Summary Approve Work Order for McKim & Creed - SCRWTP Historian Upgr & SCADA Improv Page 2 Agenda Item No. 16C6 October 24,2006 Page 2 of 12 FISCAL IMPACT: Funds in the amount of $88,456 are available in Project 71055 Water System SCADA & Telemetry Improvements. The source of funds is Water User Fees, Fund 412. This project is contained in the 2007 Fiscal Year Capital Improvement Budget approved by the Board of County Commissioners on September 21, 2006. GROWTH MANAGEMENT IMP ACT: This project is consistent with and furthers the goals, objectives, and policies of the Collier County Growth Management Plan. This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, approve Work Order ICTSCADA- 3916-MAC-06-06 in the amount of$88,456 to McKim & Creed, P.A., and authorizes the County Manager or his designee to execute the necessary Work Order. PREPARED BY: Dennis McGee, P.E., Instrumentation/SCADA Manager Public Utilities Engineering Department. Item Number: Item Summary: Meeting Date: Agenda Item No. 16C6 October 24, 2006 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C6 Recommendation to approve Work Order ICTSCADA-3916-MAC-06-06 in the amount of S88,456 to McKim & Creed. P ,A, under Annual Contract 06-3916 for SCADA System Upgrades at the South County Reglonal Water Treatment Plant, Project 71055 101241200690000 AM Senior Project Manager Date Approved By Karen B. Guliani, P.E. Public Utilities Public Utilities Engineering 9/29/20064:14 PM Lyn Wood Purchasing Agent Date App roved By Administrative Services Purchasing 1012/20064:49 PM Pamela Libby Water Operations Manager Date Approved By Public Utilities Water 10/3/20069:06 AM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Date Public Utilities Engineering 1013/2006 2:36 PM Operations Director Date Approved By Thomas Wides Public Utilities Public Utilities Operations 10/4120064:02 PM Water Director Date Approved By Paul Mattausch Public Utilities Water 1014/20064:35 PM Steve Carnell Purchasing/General Svcs Director Date Approved By Administrative Services Purchasing 10/6/20065:02 PM Approved By James W. Delany Public Utilities Public Utilities Administrator Date Public Utilities Administration 10/10/20063:49 PM Administrative Assistant Date Approved By OMB Coordinator County Manager's Office Office of Management & Budget 10/11/20062:43 PM Susan Usher Senior Management/Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 10/13/20061 :49 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 10/16/20061 :45 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/17/20069:56 AM Agenda Item No. 16C6 October 24, 2006 Page 4 of 12 WORK ORDER # ICTSCADA-3916-MAC-06-06 "INSTRUMENTATION, CONTROLS, TELEMETRY AND SCADA INTEGRATION CONTRACTING SERVICES" Contract #06-3916, Dated 2/01/06 This Work Order is for Instrumentation, Controls, Telemetry and SCADA Integration Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Purchase, Installation and Configuration of Intellution iHistorian (1,000 Tag, Latest Compatible Version 3.1) for Generation of DEP Required Reports, Manager Reports and Daily, Monthly and Annual Analog Status Reporting for the South Collier Regional Water Treatment Plant (SCRWTP). The work is specified in the PROPOSAL dated September 13, 2006 which is attached hereto and made part of this Work Order. In accordance with terms and conditions of the Agreement referenced above, Work Order # ICTSCADA-3916-MAC-06-06 is assigned to McKim & Creed, PA., M&C # 27930004.4 Scope of Work: Task 1.0 - Hardware and Software procurement, Evaluation of Existing and Required DEP Reports Task 2.0 - Evaluation of Existing and Proposed Operations Reports Task 3.0 - Database, Daily, Monthly and Annual Reports Design Task 4.0 - Database and Reports Implementation Task 5.0 - Training Task 6.0 - Miscellaneous I&C/SCADA Services Schedule of Work: Complete within 180 Calendar days from Notice to Proceed. Compensation: In accordance with Item 2 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount as indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "H" of the Agreement). Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 $ 21,475.00 (Lump Sum) $ 4,514.00 (Lump Sum) $ 10,157.00 (Lump Sum) $ 3,611.00 (Lump Sum) $ 23,699.00 (Lump Sum) $ 25,000.00 (T&M, NTE) Total for Work Order $ 88,456.00 Agenda Item No. 16C6 October 24, 2006 Page 5 of 12 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: ~- ,j}?j'~ .:?4.-&e QA.7/b6 Dennis McGee, lnstrumentation/SCADA Manager Date REVIEWED BY: 1 / a f--/06 Date AUTHORIZED BY' APROVED BY: Ie /) L0- Ro B. Anderson, Utilities Engineering Director 1 z... 6(,. Date ~Witn=2) n . ~.~ . LA-- ~ ACCEPTED BY: Date: ~ J;,I ~ 0/1 h BY~~ yron Conner McKim & Creed, PA. Fund: 412 cc: 273512 Object Code: 634999 Project Number: 71055 . ~:r\tlcKJl\1&CREED Agenda Item No. 16C6 October 24, 2006 Page 6 of 12 ENGI!JEERS SU~::'\r'['yC:P,S Septem ber 15, 2006 M&C 2793-0007 P L:' I j, E R c, Mr. Dennis McGee Senior Project Manager Collier County Engineering 3301 East Tamiami Trail Naples, FL 34112 RE: Proposal for Upgrade Purchase, Installation and Configuration of GE-Fanuc iHistorian (1,000 Tag, Latest Compatible Version 3.1) for Generation of DEP Required Reports, Manager Reports and Daily, Monthly and Annual Analog Status Reporting for the South Collier Regional Water Treatment Plant. Dear Dennis: McKim & Creed, P A appreciates the opportunity to provide the required Collector server(s) hard drives, iHistorian 1,000 point software license and iHistorian Configuration/Report Generation services to Collier County for the OWNER specified reports and database operations. McKim & Creed is pleased to present this proposal to provide the above described services for the South Central Water Treatment Plant system. The scope of work is outlined in the following paragraphs: Services will be provided in the following Tasks: Task 1.0 - Hardware and Software procurement, Evaluation of Existing and Required DEP Reports Task 2.0 - Evaluation of Existing and Proposed Operations Reports Task 3,0 - Database, Daily, Monthly and Annual Reports Design Task 4.0 - Database and Reports Implementation Task 5,0 - Training Task 6.0 - Miscellaneous Services SCOPE OF WORK TASK 1.0 Existing and Required DEP Reports evaluation " ~ , .1 -:- . t.; I ~ ;,,' f~ A. Project Initiation Meeting CI ";": ~; {', :; .1 ,:1 ~ -,' r, Conduct a project initiation meeting with the COUNTY to review the scope of work required to complete this project and to outline the schedule for the work. This meeting will also address the general outline and content of each report. , .' ' .j C1f;:2 7 'h' '1/ W tn c < I " ;;. t~ ,~j 'i iT; September 15, 2006 Page 2 Agenda Item No, 16C6 October 24, 2006 Page 7 of 12 B. Review the existing DEP Reports The ENGINEER and the County Stakeholders will perform an evaluation of each report, based on Collier County requirements for outline and content and generate draft reports as required for County review and mark-up. C. Design each report based on COUNTY input and DEP requirements The ENGINEER will coordinate the design of each report with COUNTY Stakeholders and provide a submittal for review and approval. D. Hardware and Software Procurement/lnstallation/Configuration Obtain and install one 160GB hard drive per Collector server, procure one 20" flat panel monitor for each Collector server, obtain and install a roll-out keyboard for each Collector Server, obtain a 1,000 point license and provide services to install and configure the iHistorian software. This is to include all services to configure the core iHistorian software and import any tags from the customers existing installation of Intellution iFlX to generate required DEP reports needed to fulfill the scope of work. TASK 2.0 Existing and Proposed Operations Reports Evaluation A. Review the existing Management Reports The ENGINEER and the County Stakeholders will perform an evaluation of each report, based on Collier County requirements for outline and content and generate draft reports as required for County review and mark-up. B. Design the Database for logical operations and intuitive drill-down queries. The ENGINEER will coordinate configuration of the database with the COUNTY to determine required formats and query descriptions. C. Design each report based on COUNTY input and requirements The ENGINEER will coordinate the design of each report with COUNTY Stakeholders and provide a submittal for review and approval. D. Software Installation/Configuration Provide services to configure the iHistorian software. This is to include all services to configure the core iHistorian software and import any tags from the customers existing installation of lntellution iFIX to generate required Management reports needed to fulfill the scope of work. .. $ Mcr<:l1v1&CREED September 15, 2006 Page 3 Agenda Item No, 16C6 October 24, 2006 Page 8 of 12 Task 3.0 Provide Daily, Monthly and Annual Reports Design A, Design each report based on COUNTY input and requirements Based on Collier County requirements for outline and content and generate draft reports as required for County review and mark-up. B. Software Installation/Configuration Provide services to configure the iHistorian software. This is to include all services to configure the core iHistorian software and import tags from the customers existing installation of lntellution iFIX to generate required reports needed to fulfill the scope of work. C. Generate Reports Provide up to 20 reports of ALL analog data contained and processed throughout every pertinent PLC. Task 4.0 - Database and Reports Implementation A. Integrate and place into operation the database and reporting. Incorporate the iHistorian Server-to-server configuration and configure the XL Reporter Option (2 User). This configuration will allow access to any report from any network connected site in the Plant System. Task 5.0 - Training (Five weeks) A. Provide one week of database training for Collier County Operations. Coordinate training schedule with COUNTY Stakeholders and provide database training to assigned personnel. B. Provide two weeks of Report Generation training for Collier County Operations. Coordinate training schedule with COUNTY Stakeholders and provide detailed report generation/configuration training to assigned personnel. B. Provide two weeks of advanced training for Collier County Operations. ., ~MCJ<IM&CREED September 15, 2006 Page 4 Agenda Item No. 16C6 October 24,2006 Page 9 of 12 Coordinate training schedule with COUNTY Stakeholders and provide advanced database/report generation training to assigned personnel. TASK 6.0 Miscellaneous Services Related to Modification and Improvements for Existing SCADA System Components With many on-going expansion, upgrade and modification projects and phases underway simultaneously at the South Water Plant, the County has a need to repair, maintain or otherwise correct components and systems subject to critical 24/7 operation. Accordingly, McKim & Creed has been asked by the County to provide services in support of these needs. Some of this work may include panel modifications and re- wires of existing PLC cabinets, surge addition and/or improvement of existing instruments and cabinets, and other areas of I&C service work. Because the work entails several present unknown's and the overall objective is not precisely defined at this time, McKim & Creed offers pricing under this Task as a Time-and-Materials quote (under the established guidelines of our Fixed-Term Contract #06-3916 with the County), with a Not-to-Exceed value of $25,000. COUNTY RESPONSIBILITIES . Provide assistance and access to each site as required . Provide existing reports and database information/files. . Meet and Coordinate with the ENGINEER on required reports and desired database manipulations/queries. PROJECT TEAM Byron Conner Gene Robinson Dan Cote, PE Mike Tweedel, PE Gerhard Greeve Eric Brown Nicole Morris David Robilotto Jeane Potter Sr, Project Manager Sr. Project Engineer Sr. Instrumentation and Controls Engineer Sr. Instrumentation and Controls Engineer Programmer Programmer Instrumentation/ControlslDatabase Design Engineer Instrumentation/ControlslDatabase Design Engineer Administrative Assistant PROTECT SCHEDULE Task 1.0 - Completion within 28 days from Notice to Proceed Task 2 .0 - Completion within 28 days from Notice to Proceed Task 3.0 - Completion within 20 days (Subsequent to Task 1 & 2) .. $ MCJ<IM&CREED September 15, 2006 Page 5 Agenda Item No. 16C6 October 24, 2006 Page10of12 Task 4.0 - Completion within 60 Days (Subsequent to Software Procurement) Task 5.0 - Completion within 120 days from Notice to Proceed Task 6.0 - Completion within 120 days from Notice to Proceed ENGINEER'S COMPENSATION For the above-described SCOPE OF SERVICES, the COUNTY will compensate the ENGINEER on a Lump-Sum basis for each Task as proposed. Our fees include equipment, software, 220 hours of labor, 210 hours training and are summarized as follows: Task 1* Task 2 Task 3 Task 4 Task 5 $ 8,611.00 $ 4,514.00 $ 10,157.00 $ 3,611.00 $ 23.699.00 Sub-Total for Labor (excluding Task 6) $ 50,592.00 * - (Task 1) The required software is summarized as follows: 1, 1 27200130001C I Historian 3.0 Standard Server 300 Points (Credit) 2.1 27200331001C I Historian 3,1 Standard Server 1000 Points Option 1 27209530001 C I Alarm & Events for 1000 Points Option 1 27211130001 C I Collector Redundancy for 1000 Points Sub-Total for Software (lKTag/1Usr) ($ 2,60000) $ 7,875,00 $ 1,575,00 $1,575,00 $ 8,425.00 * - (Task 1) The required Hardware is summarized as follows: (2) MMC900: Maestro under-desk Rollout Keyboard (2) 300GB IOK RPM Ultra 320 SCSI Hard Drive (2) 20" Flat Panel LCD PC Display MFM-HT205 Sub-Total for Hardware $ 835.00 $ 1,493.00 $ 2,099.00 $ 4,427.00 Sub-total for Task 6 (Time-and-Materials) $ 25,000.00 Total w/1KTag/lUsr $ 88,456.00 For the LUMP SUM Tasks of this proposal, the invoices shall include a brief description of work performed during the billing period, identification of the Task Item to which the invoice assigns the applicable payment, and percentage of completion for that Task Item. For the TIME-AND- MATERIALS Task of this proposal, prior authorization shall be sought by McKim & Creed and documented acceptance/authorization from the County shall be included in Invoices for this Task Item. . $MCJ<IM&CREED September 15, 2006 Page 6 Agenda Item No. 16C6 October 24,2006 Page 11 of 12 We appreciate the opportunity to provide this software, equipments and these services to work with Collier County. Please let me know if you have any questions or require more Information. Sincerely, McKim & Creed, P A 8~~ Byron Conner Senior Project Manager .. $ MCJ<IM&CREED (0 CD N ()O..- (00,,- .,....NO . ..,f N ON"- Z.....Q) EQ)OJ Q).o CO _On.. -;;;13 -00 c Q) OJ <( It) ... It) 5'<t 0 M ... "l:""' - r--. ;. en a . .. 0 ..0 N 0 N ... 'i.<~ - z a .... .... iu.. ... u - a Q) Ii,.', '<t "- 0 ... - L- a a. .' M ... C'a CIO 5 :!:: 0 0 N C. N ... - C'a CIO 0 0 U >- .... .... ... - a '<t ... - a :(~(.... M - ... - a. ,... a I- 0 0 N 3: 'i~ N ... - a 0:= .... U u.. ... - en a - ') '<t ... > - 0 a L- M C. ... - E CD a 0 0 N N ... E - -0 a 0 Q) >- .... .... ... Q) - a I- '<t <l ... - C a M <( ... LO - U 0 a en Il)O N ON ... - E >- a .... Q) .... ... - - tJ) a >. en L- '" '" - It'l It'l Q) III ~ ~ .... 0 cO cO C'a U DO DO ... ... 3: . " Q) 021 E CCI CiS I- o C III Z Z .... ....-.- c .... C Ill.... E 0 0 W III C III ._ I- .... > C 0 '- E III .. U w O'iii ~ III E ~ .. Q) U 1C.'-'-'-IIlc:J III "- E>'CCI....1Il .~ 0 o 011I.. 0 L- o '- 0 '- > C '- a. ua.ua.1Il1-1 a. EXECUTIVE SUMMARY Agenda Item No. 1601 October 24, 2006 Page 1 of 28 - Recommendation to approve the submittal of a Florida Boating Improvement Program Boating Education Grant to the Florida Fish and Wildlife Conservation Commission for the initial phase of the Marine Resource Conservation Partnership of Collier County Boater Education Program in the amount of $14,000. Approve Budget Amendment in the amount of $8,000 to recognize cash donation designated as "seed" money for the Boater Education Program from Cedar Bay Marina. OBJECTIVE: To receive approval to submit a Florida Boating Improvement Program Boating Education Grant to the Florida Fish and Wildlife Conservation Commission for the initial phase of the Marine Resource Conservation Partnership of Collier County Boater Education Program in the amount of$14,000. -- CONSIDERATIONS: The Florida Fish and Wildlife Conservation Commission encourages counties to apply for Boating Education grants to serve the needs of boaters throughout the state. Projects selected for funding must be completed June 2007. Hard (cash) matching funds are not required, but are encouraged to reduce the amount of grant funds requested. Some form of in-kind (soft) matching funding must be committed to the project. The Marine Resource Conservation Partnership of Collier County (MRCP-CC) is a diverse group of private and government representatives seeking to balance boater access and environmental protection in Collier County through partnerships and education. MRCP-CC proposes to initiate a multi-phased boater education program with the goal of empowering Collier County resident and visitor boaters to practice sustainable boating behaviors. Sustainable boating objectives include providing boaters with the knowledge, skills and tools to protect water quality, wildlife and beaches, but also ensure positive and safe boating experiences. Although initially focusing on the waters of Southern Collier County, MRCP-CC anticipates the boater education program to eventually reach county-wide and serve as a model for other statewide boater education programs. MRCP-CC is requesting funds to support the creation of a portable "green boating" education exhibit as well as costs to cover workshop registration and travel expenses associated with ongoing program development. FISCAL IMPACT: The total project cost of the proposed education program will be no more than $25,360. The grant request is $14,000 and Collier County will not be required to provide a cash match. A non-cash match of $3,360 in the form of project management will be provided. Cedar Bay Marina has committed to partner with the County by pledging $8,000 in "seed" money for the development of the Boater Education Program, regardless of whether the grant is received. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan as a result of this grant LEGAL CONSIDERATIONS: Following award of the grant, it is anticipated that the Florida Fish and Wildlife Conservation Commission will forward a grant agreement for consideration by the Board of County Commissioners. RECOMMENDATION: That the Board of County Commissioners approve the submittal of a Florida Boating Improvement Program Boating Education Grant to the Florida Fish and Wildlife Conservation Commission for the Marine Resource Conservation Partnership of Collier County ,-. Boater Education Program in the amount of $14,000, authorize the Chairman to sign the application and Resolution. Approve Budget Amendment in the amount of $8,000 to recognize cash donation designated as "seed" money for the Boater Education Program from Cedar Bay Marina. PREPARED BY: Bryan Fluech, Sea Grant Coordinator, University Extension Services FLORIDA FISH AND WILDLIFE CONSERVATION COM~f~ FLORIDA BOATING IMPROVEMENT PROGRAM Pa BOATING EDUCATION GRANT APPLICATION Fiscal Year 2006-2007 Grant Application Number: FOR OFFICE USE ONLY I Date Received: Fill in all sections that apply - Leave all other sections blank I - APPLICANT INFORMATION a. County/Municipality Name: e, Project Manager Name: Collier County, a Political Subdivision of Florida Bryan Fluech b. Federa] Emp]oyer ]d. No,: Project Manager Title: 59-6000558 County Marine Science Extension Agent c, App]icant Name: f. Mai]ing Address: Frank Halas 300 Tower Rd App]icant Title: City: Zip Code: Chairman, Board of County Commissioners Nap]es 34] I3 d. Applicant Address: g. Telephone: Fax: 3301 Tamiami Trail E (239) 417-6310 ext 225 (239) 417-6315 City: Zip Code: Email: Nap]es 34112 fluech@ufl.edu h. District Numbers: US Congress: 14 State House: 76 State Senate: 37 County Commission: I,ll, IV II - PROJECT SUMMARY a. Project Title: Marine Resource Conservation Partnership of Collier County Boater Education and Outreach Program b. Project Cost: Total Cost: $ 25,360 I Amount Requested: $ ]4.000 c. Project Type(s): o Classroom Education ~ Printed Materials (boater guides, brochures, pamphlets, etc.) ~ Kiosks / Signs ~ Portable Exhibits (tabletop display, trade show exhibit) o Interactive Disp]ays o Broadcast Media (TV/radio PSA, billboard, etc.) o Print Media (magazines, newspapers) ~ Promotional [terns (PFDs, key chains, whistles, etc.) d. Project Summary: The Marine Resource Conservation Partnership of Collier County (MRCP-CC) is a diverse group of private and government representatives seeking to balance boater access and environmental protection in Collier County through partnerships and education. MRCP-CC proposes to initiate a multi-phased boater education program with the goal of empowering Collier County resident and visitor boaters to practice sustainable boating behaviors, Sustainable boating objectives include providing boaters with the knowledge, skills and tools to protect water quality, wildlife and beaches, but also ensure positive and safe boating experiences. Positive boating experiences are essential to ensure the approximately one billion dollars annually derived in Collier County from boating and tourism. Initial education and outreach efforts will have a site-specific focus on Keeywadin Island and Tigertai] Beach in Southern Col1ier County. MRCP-CC anticipates the boater education program to eventually reach county-wide and serve as a model for other statewide boater education programs. Phases of the proposed program include on-water boater education using an environmentally rigged "green boat" and trained volunteers, outreach at boat shows, festivals and other public events using the boat and a portable educational display, partnerships with boat rental companies, creation of an on-going fellowship for graduate students to assist in program coordination, and a GIS-based boater characterization study. MRCP-CC is requesting $14,000 to support the creation of a portable "green boating" education exhibit as well as costs to cover workshop registration and travel expenses associated with ongoing program development. Matching funds are promised in the amount of $11,360. FWC/DLE-252C (08/06) 1 III - PROJECT NEED Agenaa IleTIJI'lCl. I au I October 24,2006 Pag~ 3 of 28 a. List Primary Need for Project: [2J Safety [2J Environmental Needs of the Area o Other: [2J High Demand by Users [2J Recommended by FWC Staff [2J Lack of In-house Capability b. Need Statement: Collier County has over 24,000 registered boats within its waters, not including the numerous boaters visiting from outside the County. There are boating guides and kiosks, but little direct, interactive education of boaters. Concerns have been raised by boat rental companies, residents, visitors, local officials and resource managers that the safety of both people and the environment is being compromised at several popular boating destinations. The initial target sites for proposed education are Keeywadin Island and Tigertail Beach in Southern Collier County. On a weekend it is not uncommon to visit the south tip of Keeywadin and see hundreds of boats stacked up within a two mile stretch of beach. This unbridged, natural barrier island is a popular destination for boaters and one of the few places to go in Collier County. The south end of the island is primarily a weekend destination mostly attracting boaters seeking a social experience, and open consumption of alcohol, unleashed dogs and loud music are prevalent. This island is also the location of several private residences and is a critical resting and foraging site for several threatened beach-nesting bird species. Obvious conflicts and human and environmental safety issues include trash and debris, human and animal waste, disturbance of wildlife, underage drinking, destruction of vegetation, speeding in no wake zones, driving vessels under the influence and lack of enforcement. These problems also alienate families and other demographic groups that may want to access the island, but are seeking another type of experience. Failure to address these issues could ultimately result in economic and ecological losses for Collier County. Environmental losses are a national concern because Kewaydin is within the boundaries of Rookery Bay National Estuarine Research Reserve and a state designated Outstanding Florida Waterway. MRCP-CC seeks funding for seed money to kick off a boater education initiative. Never before has the County had such a broad-based support for addressing the obvious boating-related problems in the region. The proposed program aims at a diverse audience of boaters and will use methods that are more direct and interactive than what the County has been using in the past. Programs will be based on other successful existing programs such as TEAM OCEAN in the Florida Keys and they will be evaluated. By supporting the MRCP-CC boater outreach program, boaters will gain the necessary knowledge and skills to become better boating stewards. This change in behavior and increased community-wide awareness will lead to more positive and safe boating experiences and long-term sustainable use and protection of natural resources, IV - BOATER SAFETY Explain how the project may affect boater safety. MRCP-CC boater education projects will communicate boating safety through direct education of boaters at boat shows and other public events with the use of a portable education exhibit and an environmentally rigged "green boat". When not at shows, the "green boat" will be staffed by trained volunteers to provide on-water education with boaters. Boater education will also target boat rental companies through partnerships, A combination of consistent clean boating and safe boating messages will be used to encourage the demonstration of stewardship in the boating community. FWC/DLE-252C (08/06) 2 ." Ilem I'W.IIJUI V - PERMITS October 24, 2006 Page 4 of 28 a. Does the project require a permit? DYes [2J No b. If Yes, what type: o Local o State o Other, explain: c. Status of Permit Application: o Not yet applied for o Applied for, pending o Approved VI - BUDGET a. Has a detailed cost estimate been developed for this project? If yes, attach a copy to application, DYes, Preliminary DYes, Final [gI No b. PROJECT COST: NON-CASH FUNDS Cost Item Applicant Other Do Not Use This TOTAL (List in Section VII) Column Administration $ $ $ In-Kind Project Management $ 3,360 $ $ 3,360 In-Kind Labor $ $ $ In-Kind Materials $ $ $ In-Kind Equipment $ $ $ Total Non-Cash Funds $ 3,360 $ $ 3,360 c. PROJECT COST: CASH FUNDS Cost Item Applicant Other Source Grant Request TOTAL (List in Section VII) Planning / Design $ $ 8,000 $ 7,000 $ Implementing $ $ $ 7,000 $ Other: $ $ $ $ Total Cash Funds $ $ $ $ d. TOTAL FUNDS $ $ 8,000 $ 14,000 $ 22,000 I VII - OTHER SOURCE OF FUNDS (STATUS) a. 0 Federal IZI State/Local o Loan Agency: Cedar Bav Yacht Club b. Grant Name: Monetary Donation Amount $ 8,000 c. Approval Status: IZI Approved o Pending o Intend to Apply, Date: a. 0 Federal o State/Local o Loan Agency: b. Grant Name: Amount $ c. Approval Status: o Approved o Pending o Intend to Apply, Date: FWC/DLE-252C (08/06) 3 - , , - ,., t""\""r....... VIII - APPLICATION ATTACHMENTS CHECKLIST Page 5 of 28 Inc. N/A ~ a, Cover Letter: application transmittal cover letter (Identify priority rank with multiple applications). ~ b. Application: One (I) application with original signature from authorized individual. ~ c. Project Proposal: a detailed description of project as outlined in the application instructions. d. Resolution: An adopted resolution, by the Governing Body, authorizing that the Project Manager has the ~ authority to apply for and administer the grant on behalf of the applicant. If the Applicant is applying on behalf of another public entity, then a Memorandum of Understanding between the Applicant and the public entity must also be submitted. D ~ e. Permits: Photocopies of necessary project permit(s) or permit application(s). If exempt, provide notification of exemption from permitting agency, D ~ f. Detailed Cost Estimate: Cost estimate in the form of a formal bid, written quote from proposed vendor or an engineer's cost estimate. D [3J g. Plans: preliminary design/engineering plans (if completed). Include an electronic copy on CD or floppy disk and seven (7) photocopies of the application with attachments. Agenda Item No. 16D1 APPLICANT SIGNATURE Application is hereby made for the activities described herein. I certify that I am familiar with the information contained in the application, and, to the best of my knowledge and belief, this infonnation is true, complete, and accurate. I further certify that I possess the authority including the necessary requisite property interests to undertake the proposed activities. I also certify that the Applicant's governing body is aware of and has authorized the Project Manager as the official representative of the Applicant to act in connection with this application and subsequent project as well as to provide additional information as may be required. By signature below, the Applicant agrees to comply with all applicable federal, state, and local laws in conjunction with this proposal and resulting project so approved. Frank Halas Name Chairman, Board of County Commissioners Title Authorized Signature for Applicant October 24, 2006 Date ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: By: Deputy Clerk Thomas C. Palmer, Assistant County Attorney STATE OF FLORIDA ) COUNTY OF COLLIER) Personally appeared before me this day of October, 2006 swore to the above instrument in my presence. He is personally known to me. , who subscribed and Notary Public Name: My commission expires: NOTE: Instruction and further information regarding this application and the Florida Boating Improvement Program can be found in the Florida Boating Improvement Program Procedure Guide or you may contact the Program Administrator, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, FL 32399-1600, Telephone (850) 488-5600 FWC/DLE-252C (08/06) 4 Agenda Item No. 16D1 October 24, 2006 Page 6 of 28 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM Instructions for Completing the 2006 Boater Education Grant Application GENERAL INSTRUCTIONS . Submit one (1) original and seven (7) photocopies of the application with attachments. . Submit an electronic copy of application on CD or floppy disk. . Staple application in upper left-hand comer, or clip with one binder clip. DO NOT SPIRAL BIND OR PLACE IN A THREE-RING BINDER OR REPORT COVER. . Please place a tabbed divider between each attachment. . Please make all photocopies of attachments on paper no larger than 11" x 17". APPLICANT INFORMATION a. County/Municipality Name: Enter the name of the local government applying for the grant. b. Federal Employer Id. No.: Enter the applicant's Federal Employer Identification (FEID) Number. Payment will be sent to the address associated with this FEID number. c. Applicant Name / Applicant Title: Enter the name and title of the individual authorized to sign contracts/agreements for the local government. (ie. Chairman, Mayor, etc.) If authority has been delegated through ordinance or resolution, please include a copy of the delegation with the application. d. Applicant Address: Please enter the official address of the local government agency (ie. board of county commissioners, city commission, etc.) e. Project Manager Name / Title: Enter the name and title of the person in charge of the project. All correspondence will be sent to this person. f. Mailing Address: Enter the mailing address for the Project Manager. All correspondence will be sent to this address. If a P.O. box, please include a street address also for overnight deliveries. g. Telephone No. / Fax / E-mail: Enter the telephone number, fax number, and email address where the Project Manager may be contacted during regular business hours. h. District Numbers: Enter the District numbers for the US Congress, State House, State Senate and the County Commission. FWC/DLE-252C (08/06) 5 Agenda Item No. 1601 October 24,2006 Page 7 of 28 PROJECT SUMMARY a. Project Title: Provide a brief title for the project. b. Project Cost: Enter total amount of project cost. Include only the eligible project elements where grant funds will be used. Enter the amount of funds requested from FBIP. c. Project Type: Check all that apply. d. Project Summary: Provide a brief description of the goal of the project, the target audience, the work to be done and the expected outcome or final product. BUDGET b. Project Cost - Non-cash Funds: Enter amount of in-kind matching funds for each cost item. In-kind matching funds include goods and services provided by the applicant instead of goods and services purchased from a vendor or sub-contractor. Amounts in the "Other" column should include in-kind funds from any third-party agreements or partnerships (provided by someone other than the applicant). Please note: All applications must include some form of non-cash matching funds. c. Project Cost - Cash Funds: Enter amount of funding to be provided by the applicant and other sources. Enter the amount of funding requested in the column labeled "FBIP." d. Total Funds: Sum of non-cash funds and cash funds for each column. OTHER SOURCE OF FUNDS Include information on funding from sources other than FBIP or applicant. Examples include grants from other agencies, loans, or partners who are providing cash funding. Enter information for each funding source. PROJECT PROPOSAL The Project Proposal should be a detailed description of the project and should include the following elements: a. Project Description: A detailed description of the project including what the project will produce or accomplish, the audience the project will target, and how the project will serve the needs of boaters in your area. b. Specific Tasks: Describe the work that will be done in order to complete the project. (For example: Task: Print and distribute 10,000 boater education guides, or Task: Conduct bi-weekly boater education classes) c. Timetable: Include a proposed schedule for when tasks are to begin and when they will be completed. Note: Funding available for 2006-07 fiscal year only. All projects must be completed and invoice submitted to FWC by June 10, 2007. FWC/DLE-252C (08/06) 6 Agenda Item No. 16D1 October 24, 2006 Page 8 of 28 Marine Resource Conservation Partnership of Collier County Boater Education and Outreach Program Proposal Project Description: The Marine Resource Conservation Partnership of Collier County (MRCP- CC) consists of representatives from the following agencies and organizations: . Florida Fish and Wildlife Conservation Commission . Florida Department of Environmental Protection . Collier County Marine Industries Association . Cedar Bay Yacht Club . Rookery Bay National Estuarine Research Reserve . City of Marco Island . City of Naples . Collier County Extension Service - Florida Sea Grant Its mission is to balance boater access and environmental protection in Collier County through partnerships and education. MRCP-CC is currently developing a multi-phased boater education program. Phases of the proposed program include on-water boater education using a "green boat" staffed with trained volunteers, outreach at boat ramps, festivals and boat shows using the boat and a portable educational exhibit, partnerships with boat rental companies, creation of an on-going fellowship for graduate students to assist in program coordination, and a GIS-based boater characterization study. This proposal includes funding for the creation of a portable "green boating" education exhibit and costs to cover workshop registration and travel expenses associated with the development of the on-water boater education phase of the program. The program ultimately strives to empower Collier County resident and visiting boaters to practice sustainable boating behaviors. Sustainable boating objectives include providing boaters with knowledge, skills and tools to make decisions that protect water quality, wildlife and beaches, but also ensure positive and safe boating experiences. Positive boating experiences are essential to ensure the approximately one billion dollars annually derived in Collier County from boating and tourism. Although initial education efforts will focus on the southern part of the county, it is anticipated that program successes will be expanded county-wide and can eventually serve as a model for other boater education programs around the state. Proposed education activities will be based on existing successful programs when appropriate and will be evaluated. MRCP-CC convened its first meeting in June 2006 because of shared concerns over two trouble spots: the southern tip of Keeywadin Island and Tigertail Beach including its nearby sand bars. These locations were obvious areas where boaters were conflicting with wildlife and each other. Current observable problems include: . High density of boats . Underage drinking and boating under the influence . Human and animal waste Agenda Item No. 16D1 October 24,2006 Page 9 of 28 . Destruction of signs and cordage used to close areas for beach nesting birds and evidence of people trespassing in them · Speeding in no wake zones, including manatee zones . Close calls between swimmers and boaters . Taking of live shells · Unleashed pets that frighten other boaters and flush resting birds . Trash and debris including bottles, cans and other food wrappers, but also toilet paper, fireworks . Lack of manpower to enforce existing rules and laws To begin to address these problems MRCP-CC requests funds to create a portable "green boating" educational exhibit that will be used in outreach efforts at boat ramps, festivals and boat shows to help address these issues. The display will focus on safe and environmentally sound boating practices boaters can implement to increase their recreational experience as well minimize their impacts on marine and coastal resources. Graphics, handouts, and direct interaction with the public will be incorporated in the exhibit design. The specific safety and environmental messages used in this proposed boating education program will be researched by CEBA staff from other successful programs, and decided on so that messages are clear, consistent and audience-appropriate. In a meeting in August of 2006 at Rookery Bay, representatives from Florida Department of Environmental Protection, Sea Grant, Florida Fish and Wildlife Conservation Commission and marine-related non- profits agreed that consistent messages are important and more effective than the individual agency approach used in the past. This proposed program seeks to gain consensus on the messages used in the past and on the ones that will work most appropriately with our audiences. Project leaders will work closely with FWC to utilize the many excellent and available educational tools that already exist. By reinforcing a consistent message of stewardship from the time boaters get on the water until they reach their final destination, there is a better chance of accomplishing our educational objectives. The display will be used in conjunction with an environmentally rigged "green boat" that will be equipped with excellent safety equipment and environmentally appropriate products such a four-stroke outboard, trolling motor, push pole, polarized sunglasses, jack plate, PFD's, navigational charts, brochures and pollution prevention equipment such as bilge socks to maximize the effectiveness of outreach efforts. When not in use at shows, the green boat will be used as an on-water platform for education around Keeywadin Island and Tigertail Beach. Trained volunteers will conduct direct and interactive education with boaters on the water in a non-threatening manner similar to the Team OCEAN education model used by the Florida Keys National Marine Sanctuary. Part of the requested funds will be used to support MRCP-CC staff to travel to the Florida Keys NMS to see the Team OCEAN program in action and work with the sanctuary staff to learn how to develop a similar on-water education model specific to the waters of Collier County. The knowledge and Agenda Item No. 16D1 October 24,2006 Page 10 of 28 skills gained from this experience will help direct the development of a volunteer training program that will support future on-water boater education efforts in the county. Funding will also be used to support three MRCP-CC staff's registration and travel costs for a three-day community based social marketing workshop in Gainesville, Florida. The workshop will provide MRCP-CC staff with the necessary knowledge and tools to identify effective methods of reaching boating audiences. To further assist outreach efforts, MRCP-CC members will also attend the upcoming Florida Boating and Waterways Conference to gather information on boating management techniques, which can be applied to the education program. In conclusion, when boaters leave trash, let their pets disturb nesting shore birds, trample dune vegetation, or ignore posted speed zones, they reduce the recreational experience for the next visitor as well as degrade the environmental quality of the visited areas. In time, these irresponsible behaviors, will impact resident and visitor experiences. Ultimately, these actions will have environmental and economic consequences in a community that depends heavily on its natural resources to support an ever growing tourism industry. As boater education efforts increase around Keeywadin and surrounding waters, it is hoped that the project will produce a boating community that is more conscientious about how their actions impact the areas they enjoy and that they take actions that improve and maintain the quality of their recreational experiences. Tasks to be completed by MRCP-CC staff: . Attend the Florida Waterways Management Workshop in Coco Beach (Nov 1-3, 2006) to gather the latest information about waterway management techniques and network with other attending agencies to promote the goals and objectives of the education program. . Coordinate the development of a portable "green boating" education exhibit that focuses on safe and environmental boating; research what key messages should be emphasized and what existing educational materials and handouts should accompany the exhibit. . Set up temporary education display at the Naples Boat Show in January 2007 to inform the public of the purpose of the program and gain support for it. . 3 staff members will attend a Community-Based Social Marketing Workshop in Gainesville, Florida January 17-19th. Skills and knowledge gained will be used to develop effective strategies to reach targeted boaters. . Visit the FL Keys NMS to observe the Team OCEAN program in action and gather information on how it can be adapted to Collier County's waterways; begin the development of a volunteer boater training program . Network with local businesses and organizations to promote and gain support for the program throughout the county Agenda Item No. 16D1 October 24,2006 Page 11 of 28 . The project manager will continually report the progress of program activities to all agencies involved in the boater education program. · Continue to seek out additional funding to support ongoing program development; · Work with Marine Industries Association on acquiring and rigging an Everglades Flats boat to be used as the project "green boat"; it will accompany the portable "green boating" education exhibit at boat shows and other public events and will also be used for on-water education efforts. Timetable: November 2006-June 2007 · November 2006: Roger Jacobson with the City of Naples will attend the Boating and Waterways Management Conference in Coco Beach to gather the latest information on waterway management and boating issues in Florida as well as gain statewide support for our education program. . November! December 2006: Work with Marine Industries Association and Danny Riley of FWCC to acquire an Everglades flats boat and develop it into the outreach "green boat". · November 2006-January 2007: MRCP-CC staff will coordinate the development of the "green boating" education exhibit including the design, desired messages to be delivered, and materials to be distributed. . November 2006- June 2007: Hold monthly MRCP-CC meetings to coordinate the ongoing development of the program; seek additional funding sources to support additional phases of the boater education program. · January 2007: Set up a display at the Naples Boat Show that informs the public about the goals and objectives of the MRCP-CC boater education program. · January-February 2007: Finalize design of the "green boating" exhibit and have it constructed. · January 2007: Project Manager and other MRCP-CC staff will attend a Community Based Social Marketing Workshop in Gainesville, FL to gain insight and tools on how to develop the social marketing phase of the program and effectively reach a larger boating audience. . February! March 2007: Project manager and staff will visit the Florida Keys National Marine Sanctuary to observe the Team OCEAN boater outreach program in action and work with sanctuary staff to begin developing a similar model specific to Collier County's waters. · March! April 2007: Have "green boating" exhibit finished and ready to use for outreach purposes. Agenda Item No. 1601 October 24,2006 Page 12 of 28 r Agenda Item No. 16D1 October 24, 2006 Page 13 of 28 Aerial view the southern end of Keewaydin Island in Collier County Image courtesy of Be v Anderson: Rookery Bay NERR Agenda Item No. 1601 October 24, 2006 Page 14 of 28 Boats lined up along the southern shoreline of Keeywadin Island Image courtesy of Greg Curry: Rookery Bay NERR /~ ( ) Image courtesy of Greg Curry: Rookery Bay NERR RESOLUTION NO. 2006 _ RESOLUTION OF THE BOARD OF COUNTY COMMIsSIONERS OF COLLIER, FLORIDA, AFFIRMING AN APPLICATION FOR A GRANT FROM THE FLORIDA FISH AND WILDLIFE CONSER V A TION COMMISSION FOR THE FLORIDA BOATING IMPROVEMENT PROGRAM WHEREAS, the State of Florida Fish and Wildlife Conservation Commission encourages counties to implement boating education projects through the Florida Boating Improvement Program Boating Education Grant; and WHEREAS, Collier County desires to develop an Environmental Protection and Boating Access Boater Education Program for Collier County residents and visitors;: and WHEREAS, Staff is requesting that the Board of County 4mrnissioners affirm submittal of a grant application and authorize the Project Manager iJ the Collier County Umver.rity Exl=iin Depmm,,,,, to npply fo, """ """"'"- th, grnnt I on bnhn!f of Colli" County; and ,I I WHEREA.$, if funded, the grant will require execution of a grant ~ment, which will bn_tothe~ofCo_~...._ I BO~ OF COUNTy 1 , i NOW, TapmFORE, BE IT RESoLVED BY THE COMMlSSlO~ OF COLLIER COUNTY, FLORIDA that: I The Board of County COmmissioners affirms submittal of a grant application and authorizes the Project Mamager in the Collier County University Extension Department to apply for and administer the granl on behalf of the Board with all understandings and assurances contained therein, and also authorizes Staff to act in accordance therewith, provided, however, that agreement and/or <mter documents, if any, which required further approval by this Board be submitted to the Bo~ for approval as required This Resolution adopted this _ day of _ 2006, after motion, second and majority vote in favor of adoption. A TrEST DWIGHT E. BROCK, Clerk By; I BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,!FLORIDA By: Approved as to form; and legal sufficiency BY~W\, f~ Thomas Palmer, . Assistant County Aittorney Frank Halas. Ohairman Agenda Item No, 1601 October 24, 2006 Page 15 of 28 '~ ---""- ~~ Agenda Item No, 16D1 October 24, 2006 Page 16 of 28 Marco Island, Florida October 10, 2006 Bryan Fluech: Sea Grant Agent Marla Ramsey: Administrator, Collier County Public Services Subject: Marine Resource Conservation Committee of Collier County To Whom It May Concern: This letter serves to document Cedar Bay Yacht Club's commitment to MRCP-CC of Collier County as a founding member. Cedar Bay Yacht Club, CBYC, has given MRCP-CC seed money in the sum of $8,000. Additionally, CBYC has committed the use of its boat rental fleet to be used by volunteers for educational outreach purposes by MRCP-CC. This includes use of the boat, insurance, gas and oil. Total in kind contribution is $16,800 which represents 48 full day boat rentals. Lastly, CBYC has committed 2 hours per week to help with management of MRCP-CC with Bryan Fluech over the next 5 months; $2,000 Support from CBYC to MRCP-CC totals $26,800, Marla, 1 am glad to be working with you in a different arena to better the county in which we live, 1 am very happy to be serving with Brian Fluech and believe that he is truly an exceptional asset to Collier County as well as MRCP-CC. Thank you very much for your support and insight as we pursue funding, Sincerely, Scott Hopkins Genera! Manager CEDAR BAY YACHT CLUB, INC. 705 E. Elkcam Circle, Marco Island, FL 34145 T 239.394.9333 F 239.394.6668 wvvw .cedarbayyacb tclub. corn ,..... ..~I'-PL(p... /5-/~1-"" . i ONTHE \0\ \~\ GULF /;-:: ~."'::::;"~~l ...-...........,,-,~ Agenda Item No. 1601 October 24. 2006 Page 17 of 28 ~~~J~ COMMUNITY SERVICES DEPARTMENT TELEPHONE (239) 213-7120. FACSIMILE (239) 213-7130 280 RIVERSIDE CIRCLE. NAPLES, FLORIDA 341 02-6796 University of Florida Florida Sea Grant Extension Program 300 Tower Roud Naples, Florida 34113-8059 Attn: Bryan Pluech Collier County Marine Agent I have had the privilege of being part of your boater outreach program, the Marine Resource Conservation Partnership of Collier County/Boaters Stewardship Association for a few months now, and the strides that have been made are phenomenal. It is imperative that we protect our environment, yet provide continued exceptional boating and boating access in our area. My office and the City of Naples will continue to support this much needed program. Roger Jacobsen Marina Compliance Specialist Natural Resource Department City of Naples, Florida w~ ~~ad!'~... Yava:e tfl ~ ~4. ~ Wt ad!'~CU/6~ Agenda Item No. 16D1 October 24, 2006 Page 18 of 28 Marine Resource Conservation Partnership of COLLIER COUNTY Purpose: This document describes a plan to include the interested parties of Collier County into the Marine Resource Conservation Partnership (MRCP) of the Florida Fish and wildlife Conservation Commission (FWC) and the Florida Department of Environmental Protection (DEP) to better protect the marine resources of Collier County through the implementation of boater stewardship and saltwater recreational fisheries outreach and education projects. The partnership will be called the Marine Resource Conservation Partnership of Collier County (MRCP/CC) and the members include: FWC; DEP; The Marine Industries Association of Collier County (MIACC); Cedar Bay Yacht Club; City of Naples; City of Marco Island, Rookery Bay National Estuarine Research Reserve;and Florida Sea Grant. Future participation by other parties interested in the protection of the marine resources of Collier County is encouraged. Background: FWC and DEP have complementary responsibilities and authority to address the two major factors in marine resource conservation, which are the effective management of the habitat and the harvesting of marine organisms. DEP manages the sovereignty submerged lands of Florida, which comprise all the components of marine habitat, as staff of the Board of Trustees of the Internal Improvement Trust Fund. FWC has the constitutional authority and management responsibility to establish the harvest levels of marine life that provide for effective conservation. The accomplishment of each of these agencies' responsibilities is largely dependent on the effectiveness of the efforts of both agencies. Therefore, the agencies established the MRCP to ensure coordination of efforts to enhance the efficient achievement of individual responsibilities to meet their mutual goal of marine resource conservation. The Agenda Item No. 1601 October 24, 2006 Page 19 of 28 partnership was designed to be expanded to include any other interested entities or individuals. Both agencies have existing environmental education programs throughout the state aimed at teaching the public about marine resource conservation and providing them with recreational activities. State managed sites contain some of the most productive and popular saltwater fishing venues in the world including: the 41 Aquatic Preserves that encompass more than 1.8 million acres of sovereignty submerged lands of the state; 159 state parks that include 100 miles of sandy white beaches; 3 National Estuarine Research Reserves that include over 350,000 acres of the most pristine and productive estuarine ecosystems in the nation; and the Florida Keys National Marine Sanctuary that covers over 2900 square nautical miles of diverse and unique saltwater fisheries habitats and species. These sites attract millions of people every year, many of whom come from all parts of the world to participate in saltwater recreational fishing. The Marine Industries Association of Collier County (MIACC), the Cedar Bay Yacht Club (CBYC) and, Florida Sea Grant (FSG) expressed interest in promoting the protection of the marine resources of Collier County by joining the FWC/DEP MRCP as a pilot project designed to meet the specific needs of the county. This is the initial project of the FWC/ DEP partnership expanded into a specific geographic locale of the state. It has been made possible because of the willingness of the MIACC, CBYC and FSG to participate at the local level to combine their available funding, equipment and staff resources with those of FWC and DEP to facilitate the implementation of the MRCP/CC project as described in a following section of this document. The MRCP/CC is recognized as an innovator in establishing this pilot project that promotes and supports the national and state government efforts to establish partnerships among government, industry and other non-government organizations to accomplish goals that benefit all American citizens. It is the intent of the MRCP to expand to other geographic areas throughout the state to design and implement similar projects to address the specific needs to conserve the marine resources in those areas with the willing Agenda Item No. 1601 October 24,2006 Page 20 of 28 participation of industry and other non-government organizations. Collier County Issues: Collier County has been among the fastest growing counties in the united States for more than a decade. This has resulted in a rapidly increasing number of residents and visitors participating in marine-based recreational activities. Those activities combined with the environmental impacts of adjacent upland development inevitably result in the decline in the quality of the marine resources. Concerns have been raised by the boating industry and resource managers about the increasing amount of natural resource degradation attributable to the boating public, specifically between Keeywadin and Cape Romano Islands. The decline in the number of available public boating access points is another issue of concern to the public and the marine industries including boating, fishing and other related recreational industries. Hundreds of boats gather at Keewaydin Island each weekend to enjoy the social atmosphere, natural scenery, and access to the Gulf of Mexico. This site has become the social epicenter of boaters in Collier County. The popularity of the island as a recreation destination, however, has raised concerns about the well-being of the natural resources. Resultant problems include the accumulation of discarded trash, the presence of unleashed pets, alcohol consumption by underage people, the deposition of pet and human wastes, the disturbance of wildlife, the destruction of dune vegetation, and speeding in surrounding no-wake zones. The cumulative impact of these activities is natural resource degradation and a decline in the quality of the recreational experience. Collier County has over 24,000 registered boats. These and visiting boaters enjoy the natural diversity of the coast that provides excellent sport fishing. Some of the boaters enjoying the natural resources of the county rent vessels from local boat rental facilities. Many of these boaters are not familiar with the local waterways and have not had training about boat operation, thus are unaware of. the methods of boat operation required to protect the marine resources of Collier County. Agenda Item No. 1601 October 24, 2006 Page 21 of 28 Seagrass beds off Cape Romano already have numerous sites of prop scar damage, and the increasing number of untrained boaters will likely result in further impact on sensitive seagrass habitats throughout county and state waters. The rising cost of boat storage, the conversion of marinas to private facilities, and inadequate parking at boat ramps has reduced the boater access to the county's coastal waterways. The result is high concentrations of boaters in the remaining limited access points, thus exacerbating user conflicts and environmental degradation at or near those sites. Because of the large and rapidly increasing number of boaters, the declining number of public access sites for boaters, and the natural resource degradation associated with the boaters, the citizens of Collier County recognize that the economic stability of the county is dependent on maintaining a high quality of coastal resources that are accessible to the public. Proposal: The MRCP of Collier County (MRCP/CC) is a partnership designed to increase the protection of the marine resources of Collier County through the implementation of boating stewardship saltwater recreational fisheries outreach and education projects. The focus of the partnership is to provide a service to the boating public that will accomplish the mutual goals of the partners. This will be done by: promoting public boating access; providing a variety of environmental education opportunities to the boating public; and, seeking compliance with resource protection laws through law enforcement and outreach. This proposal provides suggested strategies in the categories of: Public Boating Access; Environmental Outreach & Education; and, Law Enforcement. They mayor may not be implemented by the MRCP/CC based on the collective determination of priority actions, and the availability of funds and staff. Also, any additional strategies may be developed in the future by the partnership and considered on the basis of these same criteria. Public Access Agenda Item No. 16D1 October 24, 2006 Page 22 of 28 A boater characterization study to better understand the characteristics of boaters in Collier County is proposed. Through mail-in and on site surveys, researchers would gather information about the boaters' destinations, points of access, travel routes, activities and other pertinent information. The information would be entered into a Geographic Information System (GIS) for analysis for use is the design of education programs targeted at assisting the boaters and commercial enterprises in obtaining public access while protecting the natural resources. Funding requirements for this study are estimated at $80,000. Environmental Education FWC and DEP will cooperate to design and implement non- regulatory recreational and educational saltwater fisheries projects to gain public acceptance of their personal responsibility for voluntary compliance with marine resource conservation practices while providing them with a recreational and educational experience. This could include activities such as fishing clinics, seminars, the distribution of written information like brochures about resource protection techniques, boat trips, Boater education programs will be designed and implemented to train boaters to be stewards of the coastal resources through community-based social marketing or any other means designed to effectively reach the public. Enforcement / Outreach A large majority of the citizens participating in coastal recreation activities are genuinely interested in complying with the laws and avoiding negative environmental impacts resulting from their activities. Therefore, the MRCP/CC will design and implement projects to educate the public about how to contribute to environmental protection and avoid law enforcement penalties. Therefore, a project similar to the Team Ocean model of the Florida Keys National Marine Sanctuary will be designed for staff and volunteers to contact boaters on the water to provide written and verbal information about navigation, fishing, boating safety, and other pertinent subjects. Also, a project similar to the successful "Dockwalkers" program in California will be considered to educate boaters at access sites. FWC's Division of Law Enforcement will assist with the training of volunteers to conduct these non-enforcement Agenda Item No. 16D1 October 24, 2006 Page 23 of 28 patrols and continue to provide on-site law enforcement activity. Potential Projects: A concept that will be considered is the design and implementation of a fishing clinic to meet the increasing public demand for coastal resource managers to provide information and instruction on several aspects of saltwater recreational fishing such as light tackle flats fishing. Another potential project is a training program for boat captains who offer charters for saltwater recreational fishing and a recognition program for those who participate. The focus would be to teach them how to reduce adverse impacts on the saltwater fishery to aid in the long-term conservation of saltwater fisheries and habitat. A certification similar to the voluntary "Clean Marina" program could be established for those desiring to practice certain defined conservation strategies and techniques. The purpose would be to provide the opportunity for captains genuinely committed to practice marine resource conservation in their daily activities to be recognized by the certification process. This would help the government partners to attain their resource conservation goals while providing recognition for the captains who will gain respect from responsible clientele who seek a conservation minded guide. The fishing clinic and the captains' certification programs could possibly be linked by making the provisions of certification include participation in a fishing clinic. Through this mechanism, experienced captains would enhance the quality of the fishing clinics by their dissemination of technical fishing expertise to the participants and possibly providing on-the-water fishing trips for the participants following a seminar on fishing techniques. Due to the rapidly increasing public interest in saltwater fishing from kayaks and the tendency of this type of fisherman to be genuinely interested in fisheries conservation and coastal resource protection, a possible service that could be provided is to loan kayaks and fishing gear to interested persons. A very rapidly growing sport is light tackle saltwater fishing from kayaks. Because the cost of gear to do this type of fishing, including the kayaks and the fishing tackle, is a deterrent to the novice, and even the experienced enthusiast, those Agenda Item No. 1601 October 24, 2006 Page 24 of 28 items could be offered on loan. A condition of the loan could be the viewing of an instructional video that includes fisheries and habitat conservation information. FUNDING, STAFFING and EQUIPMENT: Each of the members of the MRCP/CC will determine their level of contribution of the required funding, equipment and personnel based on their self-determined capability without obligation, while operating in good faith toward the accomplishment of the goals of the partnership. Scott Hopkins of Cedar Bay Yacht Club has contributed $8,000 to assist with associated costs. The MRCP/CC will seek $14,000 from FWC's boater education grant program to develop a portable "green boating" education exhibit and support costs associated with workshop registration and travel expenses needed for ongoing program development. MRCP-CC staff will attend a three day community-based social marketing workshop, which will provide them with the necessary knowledge and tools to identify effective methods of reaching boating audiences. Staff will also visit the Florida Keys National Marine Sanctuary to see the Team Ocean program in actions and learn how the program can be adapted to the waters of Collier County. Other current program funding needs are estimated at: $80,000 for the proposed GIS boating study. The MIACC is considering the donation of a boat for use in the "Team Ocean" - like project, and, if so, has committed to provide free display space at the Naples Boat Show. Department of Environmental Protection Agenda Item No. 16D1 October 24,2006 Page 25 of 28 --.....~- Jeb BuSh Governor Rookery Bay National Estuarine Research Reserve 300 Tower Road Naples, Florida 34113 (239)417-6310 Fax (239)417-6315 Colleen M, Castilie Secretary October 9. 2006 Marla Ramsey Director of Public Services Collier County Government 3301 East Tamiami Trail r\aples. FL 34112 Re: 'brine Resource Consen-ation Partnership of Collier County (MRCP) Dear Marla: The Rookery' Bay National Estuanne Research Reserve supports the \1RCP proposalmJtiated by Sea Grant Extension Agent Bryan Fluceh. in its colbhor::nive effort to provide better protection of marine resources in Collier County through the implementation of saltwater recreational fisheries outreach and education projects. ]n support of this efl()rt. the Resene wil1 provide use of our facilities and equipment as needed to promote puhlic boatmg access and educationa I opportunities, C0l1S1stent with the g-oai<: of the projecT. Please feel trl'e to contact me at 239-41""'-6310. extenslOn 203. lCyOU have an) questions. Sincerely. ~;:jP~ ~ Director. Rookery Bay National Estuanne Research Reserve "PrtNc'Ci (()llScTl\" U!f(/t {'!ur/do \ I:-r;\-ironnl!'n.r and Yaillra! Rf',\OUn Agenda Item No. 16D1 October 24, 2006 Page 26 of 28 Marine Industries Association of Collier County B.miacc.org POB 9887, Naples, FL 34101 239.261.0882 Fax: 239.261.5882 director@miacc.org www.miacc.org October 1 0, 2006 Bryan Fluech Collier County Sea Grant Agent Rookery Bay NERR 300 Tower Rd Naples, FL 34113-8059 Dear Bryan: The Marine Industries Association is pleased to partner with the FWC, the DEP, Cedar Bay Yacht Club and the Florida Sea Grant in participating in The Marine Resource Conservation Partnership (MRCP). The MIACC recognizes the critical importance of the advancement of this organization to protect and enhance boater access, provide boater environmental education and have boaters comply with existing rules and regulations. It is to the advantage of all Collier County residents and special interest groups to protect and make available our marine resources. Sincerely, SaM. ~ Sara Jewell MIACC Executive Director POB 9887 Naples, FL 34101 239.261.0882 fax: 239.261.5882 director@miacc.org www.mmcc.org Agenda Item No. 1601 October 24, 2006 Page 27 of 28 Tuesday, October 10, 2006 Ms. Marla Ramsey, Administrator Parks and Recreation Department Administration Offices Collier County Government 3300 Santa Barbara Blvd. Naples, FL 34116 Dear Ms. Ramsey: The City of Marco Island is committed and supports the Marine Resource educational program for Collier County boaters. This educational outreach is vital to our County as the population increases and more boater access is provided. The City will work with all agencies involved committing time and resources to augment this program. Sincerely, Nancy J. Richie Environmental Specialist Cc: Bryan Fluech, Sea Grant Coordinator Item Number: Item Summary: Meeting Date: Agenda Item No. 1601 October 24, 2006 Page 28 of 28 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16D1 Recommendation to approve the submittal of a Florida Boating Improvement Program Boating Education Grant to the Flonda Fish and Wildlife Conservation Commission for the inltlal prlase of the Manne Resource Conservation Partnership of Collier County Boater Education Program 1n the amount of $14000. 1012412006 900 00 AM Assistant County Attorney Date Approved By Thomas Palmer County Attorney County Attorney Office 9/25/20065:15 PM Kathy Carpenter Executive Secretary Date Approved By Public Services Public Services Admin. 9126/2006 9: 29 AM Marlene J. Foord Grants Coordinator Date App roved By Administrative Services Administrative Services Admin. 10/111200610:01 AM Robert Halman Oi rector Date Approved By Public Services University Extension Services 10/111200611:31 AM Marla Ramsey Public Services Administrator Date Approved By Public Services Public Services Admin. 10/12/20062:47 PM Approved By OMS Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 10/12/20062:55 PM SI1erry Pryor Management & Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 10/12/20064:55 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 10/16/200610:41 AM James V. Mudd County Manager Date Approved By Board of County Commissioners County Manager's Office 10/16/200612:44 PM Agenda Item No. 1602 October 24,2006 Page 1 of 2 - EXECUTIVE SUMMARY Recommendation to approve a budget amendment in the amount of $5,000 to recognize donations from local community partners to fund senior activities at the East Naples Community Park Center Annex. OBJECTIVE: To obtain approval to recognize donations from local businesses in support of activities for the East Naples Community Center Annex. CONSIDERATIONS: Through funding from the United States Housing and Urban Development office, Collier County has just opened the Annex to the East Naples Community Center. The new annex will be used from 9 AM to 3PM weekdays as a senior congregate meal site and senior activity center. The Human Services department is working in concert with the Parks and Recreation department to sponsor recreational, educational and social activities for semors. Donations are needed to help defray the cost of providing refreshments, purchasing supplies and renting equipment. The Human Services department has received donatiQn commitments from local businesses and expects to secure $5,000 in donations. .- GROWTH MANAGEMENT: There IS no growth management impact from this recommendation. FISCAL IMPACT: FY 07 budget will increase by $5,000. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the necessary budget amendment to recognize the anticipated donations. Prepared by: Terri Daniels, Accounting Supervisor, Human Services Department ~ Agenda Item No. 1602 October 24, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number, 16D2 Item Summary: Recommendation to approva a budget amendment In the amount of $5.000 to recognIZe donations from local community partners to fund senior activities at the East Naples Community Center Annex. Meeting Date: 1012412006 900:00 AM Prepared By Terri A. Daniels Grants Coordinator Date Public Services Human Services 9111/20066:21 :42 PM Approved By Marcy Krumbine Director Date Public Services Human Services 91121200610:06 AM Approved By Marta Ramsey Public Services Administrator Date Public Services Public Services Admin. 10112/20062:49 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 10112120062:54 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 10/12/20065',00 PM Approved By Michael Smykowski Management 8. Budget Director Date County Manager's Office Office of Management & Budget 10113/20068:30 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/131200610:24 AM Agenda Item No. 16E1 October 24,2006 Page 1 of 11 ,- EXECUTIVE SUMMARY Recommendation to approve the award of Bid No. 06-4048 "Quick Copy Services" to Cecil's Copy Express and Ray Lepar Printing. OBJECTIVE: To obtain approval from the Board of County Commissioners to award Bid No. 06-4048 to Cecil's Copy Express for Sections I and III and Ray Lepar Printing for Section II for "Quick Copy Services". CONSIDERATIONS: On August 24, 2006 the Purchasing Department solicited bids for "Quick Copy Services". On September 12. 2006 five (5) bids were received and opened. Analysis of the bids consisted of totaling the prices within a section. Staff has reviewed the proposals and recommends that the lowest qualified and responsive Vendors be awarded Bid No. 06-4048. Staff recommends that Bid No. 06-4048 Sections I and III be awarded to Cecil's Copy Express and Section II be awarded to Ray Lepar Printing. A bid tabulation sheet is attached for your review. ,-. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: Quick Copy Services average $40,000 annually. Funds are appropriated in the FY 2006-07 operating budgets of the various departments. RECOMMENDATION: That the Board of County Commissioners approves the award of Bid # 06-4048 to Cecil's Copy Express for Sections I and III and Ray Lepar Printing for Section II of the bid. PREPARED BY: Joanne Markiewicz, Operations Manager, Purchasing Department ,"-' u;.~ C! . 'r ) O-.::tN Z",Q) .....OJ E.3& 20 ~ti -00 c: (]) OJ <( MO N->rl -0-0 1:1 ,B (l) (l) r/l .::: r/1 g (l) ~ 0"' ~ .~ (l) ~ ..... ~ '" o '" "'Cl Z (l) ,- g,o~ ~ o o:l Po. 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'E " oS c.o .. ~ ~ ~ ~ .;;: ~ Item Number: Item Summary: Meellng Date: Agenda Item No. 16E1 October 24. 2006 Page 11 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E1 ".ward of Bid #06-4048 QUICk Copy Services [estimated annual cost of $40000). 10/24/2006900'00 AM Scott Johnson Date Approved By Administrative Services Purchasing Agent Purchasing 912812006 11 :00 AM Approved By Mike Hauer Administrative Services Acquisition Manager Date Purchasing 9/28/200611:32 AM Date Approved By Steve Carnell Administrative Services PurchasingJGeneraf Svcs Director Purchasing 10/10/200610:37 AM Date Approved By Steve Carnell Administrative Services PurchasIng/General Svcs Director Purchasing 101101200610:37 AM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 10110/20061 :05 PM Date Approved By Laura Davisson County Manager's Office Management & Budget Analyst Office of Management & Budget 10/10120061:51 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budge1 10/1312006 11 :45 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 10/14/20068:51 AM Agenda Item No. 16E2 October 24,2006 Page 1 of 3 ,- EXECUTIVE SUMMARY Recommendation to award RFP#06-4021 to Insurance and Risk Management Services, Inc. for Property and Casualty Brokerage Services. OBJECTIVE: To receive approval to award RFP#06-4021 to Insurance and Risk Management Services, Inc. for Property and Casualty Brokerage Services. CONSIDERATION: Pursuant to Florida Statutes 768,28 and 440, the Risk Management Department operates two risk management funds (Fund 516 and Fund 518) to finance its Property, Casualty and Workers' Compensation insurance programs. In order to properly manage these programs, the County enters into a professional services agreement to obtain insurance coverage and services necessary to administer these programs. Insurance coverage purchased includes Property; Flood; Builders Risk; General Liability; Public Officials Liability; Crime and Employee Dishonesty; Automobile Liability; Automobile Physical Damage; limited Uninsured Motorist; Boiler and Machinery; Aircraft Hull and Liability; Airport Liability; Pollution Liability; Contingent Law Enforcement; Medical Malpractice; Statutory Accidental Death; and Excess Workers' Compensation. Services include Property and Casualty adjusting services; Workers' Compensation adjusting services; and appraisal services, In addition, the vendor provides assistance with contract risk assessments and language, claims adjudication, reinsurance recovery, allocation ,,- system development; and information system management. The existing agreement between the County and Insurance and Risk Management Services, Inc. will expire on January 1,2007. In anticipation of this event, the Purchasing Department released RFP#06-4021 to seek proposals from interested firms. Proposals were received on August 25, 2006. A total of two firms submitted proposals. The selection committee met on September 28,2006 and the proposals were evaluated and scored. Both proposals were considered responsive, The scoring process resulted in the following unanimous ranking of the firms. 1) Insurance and Risk Management Services, Inc. 2) Public Risk Insurance Agency- Brown and Brown The committee cited the following reasons in its selection of Insurance and Risk Management Services as the top ranked firm. .-- 1) The firm has a history of providing high quality professional insurance brokerage services to the County. 2) The principals who will be supporting the County have extensive experience providing insurance and risk management services to both the County and to public and private entities. 3) IRMS is a local company and will be able to provide ready support for daily service inquiries and in the event of emergencies. The number of estimated service inquiries and service activities totals 3000 per year. ..- Agenda Item No, 16E2 October 24, 2006 Page 2 of 3 4) IRMS has demonstrated its ability to deliver competitive programs when it placed the County's property insurance program on an eighteen month term in 2005. This saved the County approximately $1,000,000 in avoided property insurance rate increases. 5) The price proposal was competitive with the second ranked firm and will result in commission savings of $397,000 in calendar year 2007. A two year agreement with the option to renew for two additional one year periods has been negotiated and is included as part of this request for approval. The commencement date of the agreement is January 1, 2007. FISCAL IMPACT: The annual fees to be paid to IRMS in 2007 total $150,000. Funds are budgeted within Fund 516, Property and Casualty Insurance and Fund 518, Workers' Compensation Insurance for this purpose. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board (1) Approve the award of RFP#06-4021 to Insurance and Risk Management Services, Inc, for Property and Casualty Brokerage Services and (2) Authorize the Chairman of the Board to sign the standard, County Attorney approved contract. _ PREPARED BY: Jeff Walker, CPCU, ARM, Director, Risk Management ~. Item Number: Item Summary: Meeting Date: Agenda Item No. 16E2 Oclober 24. 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E2 Recommendation to award RFP#06.402110 Insurance and Risk Management Services, Inc for Property and Casualty Brokerage Services (FiSCal Impact $150,000) 10124/2006 9 00 DO AM Prepared By Jeffrey A. Walker, CPCU, ARM Risk Management Director Date Administrative Services Risk Management 10/10120062:51:07 PM Approved By Jeffrey A. Walker, CPCU, ARM Administrative Services Risk Management Director Date R.isk Management 10110/20062:52 PM Approved By Date Scott Johnson Administrative Services Purchasing Agent purchasing 10111120068:01 AM PurchasingJGeneral Svcs Director Date Approved By Steve Carnell Purcha$ing 10/11120062:14 PM Approved By Purchasing/General Svcs Director Date Administrative Services Steve Carnell Purchasing 10/11120062:14 PM Approved By Date Administrative Services Linda Best Contracts Agent Purchasing 1011112006 3:49 PM Approved By Dale Administrative Services OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 10/12120067:52 AM Approved By Management & Budget Analyst Date Laura Davisson Office of Management & Budget 10/12120069:31 AM Approved By Date County Manager's Office Michael Smykowski Management & Budget Director Office of Management & Budget 10113/200612:08 PM Approved By Date County Manager's Office James V, Mudd Board of County Commissioners County Manager County Manager's Office 10/14120069:03 AM Agenda Item No, 16E3 October 24,2006 Page 1 of 6 -- EXECUTIVE SUMMARY Recommendation to adopt a resolution approving the change in status of one employment classification from exempt to non-exempt under the Fair Labor Standards Act ("FLSA") and to receive approval from the Board of County Commissioners for the execution of a Settlement Agreement and release by and between the County and the employee in the revised classification, allowing for reimbursement of actual wages earned but not paid to the employee for the past two years as a result of the County's good faith misclassification of status under the FLSA. It is recommended that the Board of County Commissioners approve the necessary budget amendment that will be required. OBJECTIVE: To Obtain the Board of County Commissioners approval to adopt a Resolution approving the reclassification of one (1) employment classification from exempt to non-exempt under the FLSA and also authorizing the execution of Settlement Agreement and Release with the employee in that employment classification who is entitled to reimbursement for overtime wages actually earned but not paid as a result of the County's good faith misclassification of his employment status under the FLSA, - CONSIDERATION: The Fair Labor Standards Act ("FLSA") and its regulations provide, in part, standards for certain job classifications to be exempt from overtime compensation, Commencing in the fall of 2004, the County undertook a good faith review of the management job classifications in EMS Helicopter Operations and determined that one job classification previously not subject to the FLSA overtime provisions should have been classified as non-exempt or should now be considered non-exempt and eligible for overtime compensation pursuant to the amended FLSA regulations, which became effective August 23, 2004, In order to comply with federal law, it became necessary to reclassify one (1) position (Manager - Flight Operations Training) as non-exempt and to provide reimbursement for the actual overtime wages the employee holding that position earned during the last two years, To the extent that the improperly classified employee during that period received compensatory time in lieu of wages I that employee will be compensated at the appropriate non-exempt employee overtime rate to make up for any shortfall in payment of wages, Attached as Exhibit 1 to the proposed Resolution is a copy of the Settlement Agreement and Mutual Release prepared for execution between the County and the employee entitled to reimbursement under the FLSA. Exhibit 1 is intended to bring a full and final resolution to correcting this issue, FISCAL IMPACT: The base fiscal impact resulting from the proposed Settlement Agreement, which the County is required to make pursuant to federal law, amounts to $7,533,89, not to exceed $10,000,00 at which point the Board will be asked to authorize additional funds. A separate agenda item detailing the total costs, if above the "not to exceed" amount stated herein, will subsequently be brought to the Board of County Commissioners for final review and approval. Funding is available in the General Fund Reserve. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary, RECOMMENDATION: It is recommended that the Board of County Commissioners adopts the proposed Resolution approving and affirming the change in status of one employment classification from exempt to non-exempt under the FLSA and authorizes the execution of a Settlement Agreement and release by and between the County and the employee in that revised classification allowing for reimbursement of actual overtime wages earned but not paid to that employee for the past two years as a result of the County's good faith misclassification of status under the FLSA. It is recommended that the Board of County Commissioners approve the necessary budget amendment that will be required. ~ PREPARED BY: Colleen Greene. Assistant County Attorney Don Albonesi, Manager - Compensation, Department of Human Resources Agenda Item No, 16E3 October 24, 2006 Page 2 of 6 RESOLUTION NO. 2006 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, APPROVING THE CHANGE IN STATUS OF ONE EMPLOYMENT CLASSIFICATION FROM EXEMPT TO NON-EXEMPT UNDER THE FAIR LABOR STANDARDS ACT ("FLSA") AND AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT AND RELEASE BY AND BETWEEN THE COUNTY AND THE EMPLOYEE IN THAT REVISED CLASSIFICATION ALLOWING FOR REIMBURSEMENT OF ACTUAL WAGES EARNED BUT NOT PAID TO THAT EMPLOYEE FOR THE PAST TWO YEARS AS A RESULT OF THE COUNTY'S GOOD FAITH MISCLASSIFICATION OF STATUS UNDER THE FLSA. WHEREAS, the FLSA and its regulations mandate, in part, standards for certain job classifications to be exempt from overtime compensation and, during the course of a good faith review of its non bargaining unit employment classifications in EMS Helicopter Operations commencing in the fall of 2004, the County determined that one (1) job classification, Manager - Flight Operations Training, previously not subject to the FLSA overtime provisions should have been classified as non-exempt or should now be considered non-exempt and eligible for overtime compensation pursuant to the amended FLSA regulations, which became effective August 23, 2004; and WHEREAS, the one (1) employment classification presently subject to reclassification as non-exempt under the FLSA is Manager - Flight Operations Training. WHEREAS, the FLSA and its regulations mandate that such employment classification be properly designated as non-exempt and that the employee previously improperly designated as exempt while working in that classification is entitled to reimbursement for overtime compensation for work actually performed during the previous two (2) years; and WHEREAS, the County and the employee previously improperly designated as exempt under the FLSA have reviewed the actual overtime hours performed over the past two years while employed in the subject classifications and have agreed to fully and finally settle all claims and issues with respect to reimbursement for work performed on behalf of the County for the prior two (2) years in the total amount of $7,533.89, not to exceed $10,000.00, at which point the Board will be asked to authorize additional funds, and NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Agenda Item No. 16E3 October 24,2006 Page 3 of 6 I. The Board of County Commissioners approves and adopts the designation of the above referenced employment classification as non-exempt in compliance with the Fair Labor Standards Act. County staff is directed to undertake all necessary steps to fully and finally implement the re-designation of the classification as required under the FLSA. 2. The Board of County Commissioners further authorizes the Chairman to enter into and execute the individual Settlement Agreement and Release with the affected employee, a sample copy of which is attached hereto as Exhibits "I" in the total amount of$7,533.89, not to exceed $10,000.00, at which point the Board will be asked to authorize additional funds. A separate agenda item detailing the total costs, if above the "not to exceed" amount stated herein, will subsequently be brought to the Board of County Commissioner for final review and approval. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 10th day of October, 2006. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By DEPUTY CLERK By: FRANK HALAS, Chairman Approved as to form and legal sufficiency: Colleen Greene, Assistant County Attorney 2 Agenda Item No, 16E3 October 24,2006 Page 4 of 6 Exhibit 1 SETTLEMENT AGREEMENT AND RELEASE This settlement agreement and release executed by COLLIER COUNTY (the "Employer") and Peter Bolton (the "Employee") is intended to effect the extinguishment of all obligations between the parties for and in consideration of any and all claims for past due salary, overtime wages, remittances and all other sums from the Employer made by the Employee up, through and including the date of execution of this Release arising from or relating to the Employer's classification status of the Employee as exempt under the Fair Labor Standards Act ("FLSA"). The Employer and Employee hereby covenant and agree on the following in exchange for the consideration paid to the Employee hereunder, as well as, their promises to release one another as set forth herein A. The Fair Labor Standards Act ("FLSA") and its regulations provide, in part, standards for certain job classifications to be exempt from overtime compensation. B. In the fall of 2004, the Employer commenced a good faith review of non- bargaining unit job classifications and their descriptions in EMS Flight Operations and determined that one job classification, Manager - Flight Operations Training, previously not subject to the FLSA overtime provisions should have been classified as non-exempt or should now be considered non-exempt and eligible for overtime compensation pursuant to the amended FLSA regulations, which became effective August 23, 2004. C. The parties agree that the Employee performed work that would entitle him to payment of actual overtime wages for the past two years, from August 19, 2004 through August 18, 2006, as a result ofthe misclassification of his status under the FLSA in the amount of $7,533,89. Payment of the unpaid overtime wage shall be reimbursed to the employee as soon as possible following the execution of this agreement. D. The Employer and Employee further agree that it is appropriate to resolve any potential claim(s) arising under the FLSA by entering into this agreement to discharge all claims related thereto, subject to the terms and conditions set forth herein. In consideration of payment of the above sum and the relinquishment of their respective legal rights with reference to the aforementioned matter, each party expressly releases the other, and their heirs and legal representatives, from all liability for such claims and demands, and further releases, acquits and forever discharges each other, of and from all manner of action and actions, suits, and controversies whatsoever, in law or in equity, relating to the Employee's actual classification status under the FLSA as non- exempt as it pertains to the Employee's wages and compensation earned from the Employer for the period of August 19, 2004 through August 18,2006. Agenda Item No, 16E3 October 24,2006 Page 5 of 6 IN WITNESS WHEREOF, the parties, and or their duly authorized agents have signed and sealed this Settlement Agreement and Release on the date set forth below. ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRANK HALAS, CHAIRMAN Witness Signature Employee Signature Employee: Print Name Witness Printed Name Dated: Witness Signature Witness Printed Name Approved as to form and legal sufficiency: Colleen Greene Assistant County Attorney 2 Item Number: Item Summary: Meellng Date: Agenda Ilem No, 16E3 Oclober 24. 2006 Page 6 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E3 Recommendation to adopt a resolution approvmg a change in status of a classification from exempt to non-exempt under the FLSA and 10 receive approval from the Board for the execution of a sattlement agreemant and release (Flscallmpac! $7533.89) 10124/2006 9:00:00 AM Compensation Manager Date Prepared By Donald Albonesi Administrative Services Human Resources 9/15/20067:54:39 AM App roved By Compensation Manager Date Donald Albonesi Administrative Services Human Resources 911512006 7: 54 AM Jean Merritt Human Resources Director Date Approved By Administrative Services Human Resources 1012/20062:52 PM Approved By Purchasing/General Svcs Director Date Steve Carnell Administrative Services Purchasing 10111/200612:35 PM Administrative Assistant Date App roved By OMS Coordinator County Manager's Office Office of Management & Budget 10/12/20067:51 AM Management & Budget Analyst Date Approved By Sherry Pryor County Manager's Office Office of Management & Budget 10112120062:32 PM Michael Smykowski Manngement & Budget Director Date Approved By County Manager's Office Office of Management & Budget 10/13120068:24 AM James V. Mudd County Manager Date Approved By Board of County Commissioners County Manager's Office 10/13/200610:34 AM Agenda Item No, 16E4 October 24,2006 Page 1 of 10 .- EXECUTIVE SUMMARY Recommendation to approve Change Order #8 to Contract Number 98-2867-2004 with Schenkel Shultz Architecture to provide additional services for the Naples Jail, Project Number 52008, in the amount of $41,900.00 and to recognize a $164,937.60 rebate from FP&L. OBJECTIVE: To obtain approval from the Board of County Commissioners for a $41,900.00 change to Contract Number 98-2867-2004 with Schenkel Shultz Architecture to provide additional Construction Administration services, construction/permit documents associated with modifications to the existing fire alarm system and an electrical engineering survey for re- circuiting of the existing dormitory lighting for the Naples Jail project. Additionally, recognize a $164,937,60 rebate from Florida Power & Light (FP&L) into the project. CONSIDERATION: During the construction of the Naples Jail renovation project, problems with the existing fire alarm system and electrical switch gear were revealed which will require additional construction/permit documents and additional construction administration services, -- The fire alarm system was originally installed for monitoring at a central control location based on the operational staffing plans from a number of years, Based on the new jail addition and the renovations, these staffing plans have been updated and require that the monitoring location be changed. Schenkel Shultz has submitted a $4,650 proposal to design the changes. The existing electrical switch gear is twenty years old and it is very difficult to find parts to operate and maintain the gear, Replacing the gear during the renovation would be the most cost effective way to complete the work, Schenkel Shultz has submitted a $5,570 proposal to design the re-circuiting of the existing dormitory and associated corridor lighting from the normal power distribution system to the emergency power distribution system, The renovations were originally planned to be completed in February 2006 and are now expected to complete in November 2006, Schenkel Shultz has submitted a $31,680 proposal to provide an additional nine months of construction administration. Together, these three proposals total $41,900. The additional design work will require two months for design, approximately two to three months for permitting and approximately four months for construction. Additionally, in the summer of 2004, FP&L agreed to provide an incentive payment toward the installation of an off-peak cooling system. As part of the Naples Jail renovation project, an ice farm was installed which provides that off-peak cooling, The request for reimbursement was filed nearly a year ago and FP&L has recently completed verifying the installation and has made payment in the amount of $164,937,60, FISCAL IMPACT: Funds for the additional services are available in the project budget and the source of funds is Correctional Impact fees, The FP&L rebate is proposed for addition to the project expense budget. -- Agenda Item No, 16E4 October 24,2006 Page 2 of 10 GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan and the Government Complex Projected Space Plan. RECOMMENDATION: That the Board of County Commissioners 1) approve a change to contract number 98-2867-2004 with Schenkel Shultz Architecture in the amount of $41,900,00 2) authorize the County Manager or his delegate to execute the contract change and 3) recognize a $164,937,60 rebate from FP&L into the Project 52008 expense budget. PREPARED BY: Peter S. Hayden, P.E" Senior Project Manager, Facilities Management Department ~~...-- "...-" Item Number: Item Summary: Meeting Date: Agenda Item No, 16E4 October 24, 2006 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E4 Recommendation tc approve Change Order #8 to Contract Number 98-2867 With Schenkel Shultz Architecture to provide additional services for the Naples Jail, Project Number 52008. In the amount of $41.90000 and to recognize a $164,937,60 rebate from FP&L 10/24/2006 9 00:00 AM Date Approved By Skip Camp, C.F.M. Facilities Management Director Facilities Management 10/10/20068:36 AM Approved By Date Administrative Services Ron Hovell Principal Project Manager Facilities Management 10/10120068:37 AM Approved By Date Administrative Services Linda Best Contracts Agent Purchasing 10/10/200610:42 AM App roved By Date Administrative Services Steve Carnell Purchasing/General Svcs Director Purchasing 10/1212oo68:16AM Administrative Services Purchasing(General Svcs Director Date App roved By Steve Carnell Purchasing 10112120068:16 AM Approved By Date Administrative Services OMS Coordinator Administrative Assistant Office of Management & Budget 10/12/200610:31 AM Approved By Date County Manager's Office Susan Usher Senior Managament/Budget Analyst Office of Management & Budget 10/13120062:21 PM App roved By Managem~mt & Budget Director Date County Manager's Office Michael Smykowski Office of Management & Budget 10/16120064:16 PM Approved By Dato County Manager's Office James V, Mudd Board of County Commissioners County Manager County Manager's Office 10/17120069:19 AM Date: Wednesday, October 04, 2006 Ll.g€lnds Item No, :6r::.1 " OctQb~r 24, 2006 E-Matled To BonnIe: Thursday, October j, 4Altl'ge 4 of 10 ,", """ j I I ) THIS CHANGE ORDER WILL BE REPORTED TO THE BCC AS AN AGENDA ITEM, LOG IN FOR FINANCE ONLY. Project Name: Naples Jail Center Project Number: 52008 BIDIRFP #: 98-2867-2004 Mod#: 8 PO#: 4500023475 Work Order Number: NA Contractor/Consultant: Schenkel Shultz, Ine, Original Contract Amount: $ 845.4] 9.00 (Starting Point) Current BCC Approved Amount: $ 929.5]9.00 (Last Total Amount Approved by the BCC) Current Contract Amount: S 929,5] 9.00 (Including All Changes Prior To This Modification) Change Amount: $ 41.900,00 Revised Contract/Work Order Amount: S 971.449,00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: I- 126,000 Percentage Of The Change Over/Under Revised Contract Amount: ]4.9] % Overview of change: To provide for additional Construction Administration services, provide architectural electrical engineering survey and to design for re-circulating of the existing dormitory and to provide for construction/permit documents associated to existing fire alarm system, During renovation construction, it was determined that the existing fire alarm system was deficient and should be updated, life safety items needed to be added to the existing generator circuit. Also included is a time extension of nine~ wo (9 day t e new completion date is December 3], 2006. Date: /0 ~t/'l6 Contract Specialist. Scanned Date: Data Entry Information: Type of Change: Contract Project Manager: Peter Hayden Department: Facilities Management Change Category Type, Circle One Below: r---~ '-.t...X!.anned or FJ....t~ 2. Unforeseen Conditions 3. Quantity Adjustments 4, Correction of Errors 5, Value~ t~chedule Adjust~s ReVIsed 7111105 CONTRACT/WORK ORDER MODIFICAnON CHECKLIST FORM Agenda Item No,16E4 October 24, 2006 Page 5 of 10 -..:tOJECT NAME: Naoles Jail Center PROJECT #: 52008 BID/RFP #: 98-2867 MOD #: 8 PO#:4500023475 WORK ORDER #: DEPARTMENT: Facilities Original Contract Amount: $ 845,419.00 (Starting Point) Current BCC Approved Amount: $845,419.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $929,519.00 (Including All Changes Prior To This Modification) Change Amount: $41,900.00 Revised ContractIWork Order Amount: $971,449.00 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: $126,000.00 Date of Last BCC Approval 1/13/2004 Agenda Item # 16 E 7 Jercentage of the change over/under current contract amount % 14.91 'ormula: {Current Amount / Last BCC approved amount)-1 ,{esults and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specifiC information regarding work order thresholds, please refer to the Contract Administration Procedures, Section II\.C,4. CURRENT COMPLETION DATE (S):ORIGINAL: 1/31/2006 CURRENT: ,1.2'1'01 /J. -31-07 SUMMARY OF PROPOSED CHANGE (S): Provide additional Construction Administration services, provide Architectural Electrical Engineering survey and design for re-circuiting of the existing dormitory and additional services for Architectural and Electrical Engineering to provide construction/permit documents associated to existing fire alarm system. JUSTIFICATION FOR CHANGE (S):What value or benefit do these changes provide to the project? During the construction of the jail renovation project it was determined that the existing fire alarm system was deficient and needed to be updated. Additionally life safety items needed to be added to the existing generator circuit. PARTIES CONTACTED REGARDING THE CHANGE: Peter Havden. Pete Tuffo. Garv Krueoer. Ron Hovel!, Linda Best. Skio Camo. Beckv Erickson IMPLEMENTATION STEPS (Verify each before proceeding with change using y, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consul regarding the change _ Y _ Proposed prices, fees and costs set fo in e change are reasonable PROJECT MA APPROVE BY: ON' his form Is to be Slg~ ~atad. . Date: t t- ~_ -, Pro~ tJanag~ ,(.1.- REVIEWED BY: L~ /.YJ.. Contra Spec 1st Date: I';, 1-010 ~<:~~"'.::'i~'~" ." ~ ~.~ \(' Agenda Item No. 16E4 October 24, 2006 Page 6 of 10 CHANGE ORDER CHANGE ORDER NO. Eight (8) CONTRACT NO.98-2867 -2004 BCC Date: 1/13/2004 Agenda Item: 16 E 7 TO: Mr Peter Hayden Collier County Govemment Center Facilities Management Department 3301 Tamiami Trail East Naples FI 34104; DATE: September 22, 2006 PROJECT NAME: Nae/es Jail Center PROJECT NO.: 52008 Under our AGREEMENT dated January 13, 2004 You hereby are authorized and directed to make the following change(s) /n accordance with terms and conditions of the Agreement Provide additional Construction Administration services, provide Architectural, Electrical Engineering survey and design for re-circuiting of the existing dormitory and additional services for Architectural and Electrical Engineering to provide construction/permit documents associated to existing fire alarm system. I FOR THE (Additive) Sum of: Forty one thousand, nine hundred Dollars and 00/100 $41,900.00 OrIginal Agreement Amount Sum of Previous Changes $845.419.00 $84.100.00 ~ 1.900.00 $971.419,00 This Change Oreler (Add) (Deduct) Present Agreement Amount The time for completion shall be (increased) by 92 calendar days due to this Change Order. Accordingly, the Contract Time is now One Thousand eiahtv two ~) calendar days. The substantial completion date is November 30. 2006 and the final completion date is December 31. 2006. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to 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. A~pted: J~;I:? ,2006 I CONTRACTO Schenkel & ultz, Inc. OWNER: ,By: Ga BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Frank Halas, Chariman ./ .;;.. Agenda Item No, 16E4 October 24,2006 Page 7 of 10 DEPARTMENT DIRECTOR By: Skip Camp DIVISION ADMINISTRATOR By: Len Golden Price CONTRACT SPECIALIST By: Linda Best Approved As To Form and Legal Sufficiency: Print Name: Assistant County Attorney . :. .:~";"" SCHENKELSHULTZ D D 0 ARC " IT! C , U R E C C C Agenda Item No, 16E4 October 24,2006 Page 8 of 10 DATE: August 2, 2006 Mr, Peter Hayden. Sr. Project Manager Collier County Government Department ofFaciIities Manager Facilities Management Bldg, W, 3301 East Tamiami Tmil Naples. FL 34112 additional services TO: FROM: Gmy F, Krueger, AlA SCHENKELSHULTZ PROJECT: Naples Jail Center COMMISSION NO: 0420300 'The following services have been requested and will be additional services at the following rate, Description: Additional services to provide Architectural and Electrical Engineering swvey and design for re-circuiting of the existing donnitory and associated COIridor lighting from the IIOI1DaI power distribution system to the emergency power distribution system within Building 1. Services include one (I) design review meeting. Submittals consist of 50% and l~ Construction Documents, Compeasatioa: Hourly Not-to-Exceed; FIVe Thousand Five Huodred Seventy Dollars and Noll 00 ($ 5,570,(0) SchenkcJShuJtz (Cons1rnction Administration coordination) TLC Engineering Total S 1.320,00 S 4.250,00 S 5,570,00 Reimbursables shaD be as stated in the prime agreement betwea1 Owner and Architect, Please indicate your acceptance in the space provided and return one signed copy for our files, Accepted by Architect: Accepted by Owner: SCHENKELSHULTZ.Inc. ~~ CollierCounty Government Gary F, Krueger Principal Signature Icfm I Name and Title (printed) cc: Marty MillerlSCHENKELSHULTZ 0420300/contract file Date SCHENKELSHULTZ - Fort M,ea . 1591 Hayley lAM, Suite~)) . Ft. Myers, Florida 33907 !'bane 239-481.Q200 . FlIll239-481-3303 . www.schenkelshultuom . Arcbitec:1lnJ License AA.0J00937 ~20300"'",_) _\ASCCO~_Add~~A1I:CU20300.doc PIp I or) :~i;-1~~:~~~~:, ., ,:~ ~ Agenda Item No, 16E4 October 24, 2006 Page 9 of 10 SCHENKELSH U LTZ c C CA. , HIT e , T U . E C 0 C DATE: June 7, 2006 additlona. lemces TO: Mr. Peter Hayden, Sr, Project Manager Collier County Government Deparunent of Facilities Manager Facilities Management Bldg, W, 3301 East Tamiami Trail Naples, FL 34112 FROM: Gary F. Kroeger, AIA SCHENKELSHULTZ PROJECT: Naples Jail Center COMMISSION NO: 0420300 Tbe following services have been requested and will be additional services at the following rate, Description: Additional services for Architectural and Electrical Engineering services to provide constnlctionlpermit documents associated with modifications to the existing fire alarm system at the old central control location in the renovated area of the Naples Jail Center to accommodate staffing changes within the current renovated area at the jail. Required documentation will be generated once field as-built documents have been prepared by SafeTech and provided to TLC. Services also include one (1) design review meeting, responses to local pennitting officials' comments and Contractor's Request for Information during the construction period, and two (2) site visits during construction. Fire protection design is excluded. Compensation: Hourly Not-to-Exceed: Four Thousand Six Hundred Fifty Dollars and Noll 00 ($ 4,650,00) SchenkelShultz (Administration & Coordination) TLC Engineering Total $ 425.00 S 4.225.00 $ 4,650.00 Reimbursables shall be as stated in the prime agreement between Owner and Architect. Please indicate your acceptance in the space provided and return one signed copy for our files. Accepted by Architect: Accepted by Owner: ;;~~ Gary F. Kroeger Principal Collier County Government Signature CFM Name and Title (printed) cc: Marty MillerlSCHENKELSHUL TZ 0420300/contract file Date SCHENKEI..SHUI.:rz-FortMym' 1591 Hayley Lane. Suite 201 . Ft.Mycrs.Florida33907 Phone239-41lI-0200 . Fax 239-481-3303 . www.schcnkclshultzcom . Architectural Liccm.sc AA-C000937 \\SI'_IN"'P.Proj_\0042~20300 Hopi.. Jli~ IlnUIrimVlS ceo Hayden 060706 Pi... Alann Sys Mods .lk 0420'OO.doc PI.e I of I -' ii '.~.u&f~~;.~: . ...:;~~~~~~~~:.f~: .-. . SCHENKELSH U LTZ o C CAR C " I 1 f C T U ~ E C D C Agenda Item No, 16E4 )J .-~ 0 October 24,2006 ~c. Page 10 of 10 cH-tr-/t.-c oM': e- DATE: June I, 2006 additional services TO: Mr. Peter Hayden, Sr. Project Manager Collier County Government Department of Facilities Manager Facilities Management Bldg, W, 3301 East Tamiami Treil Naples, FL 34112 FROM: Gary F, Krueger, AlA SCHENKELSHUL TZ PROJECT: Naples Jail Center COMMISSION NO: 0420300 The following services have been requested and will be additional services at the following rete, Description: Additional services to provide additional Construction Administration services relative to the time extension of the ArchitecturaI Services Agreement as indicated on Change Order No, 7. Compensation: Not-to- Exceed: Thirty-one Thousand Six Hundred Eighty Dollars and Noll 00 ($ 31 ,680.00) Site Inspector (per Schedule B of Contract) $IIOIhr (32 hours per month per 9 months extended services) Reimbursables shall be as stated in the prime agreement between Owner and Architect. x 288/hrs $ 31,680,00 SCHENKELSHUL TZ, Inc, ~~ Gary F. Kroeger Principal Collier County Government . V 15(11, 0 \ , 1-1 L 1" ~/ Please indicate your acceptance in the space provided and return one signed copy for oW' files, Accepted by Architect: Accepted by Owner: Signature CFM cc: 0420300/contract file Name and Title (printed) Date SCHENKElSHUL TZ - Fort M~a . 1$91 Hayley Lane. Suite 201 . Ft Myers. Fllda 33907 Phone 239-481-0200 . Fax 239-481-3303 . wwwschcnkcl.hullz.com . Architectural License AA-COOO937 \lSa-n"l'\NAP.Pro~1042000010420300 Naples JaillPbasc I ImcnmlAS CCG Haydeo 060106 Addll CA gIk 0420300.doe Pa.. lorl ....'; "~}~:;;"L.: . --~~- .<im Agenda Item No, 16F1 October 24, 2006 Page 1 of 2 ,- EXECUTIVE SUMMARY Recommendation to approve a $100,000 budget amendment from Fiscal Year 2006 to cover unexpected salaries/overtime expense by the Isles of Capri Fire/Rescue. OBJECTIVE: To obtain approval of a $100,000 budget amendment from Fiscal Year 2006 to cover expended funds for salaries/overtime expenses. CONSIDERATIONS: During Fiscal Year 2006, Collier County experienced an unusual amount of hurricanes and brush fires. Hurricane Wilma, in the Fall of 2005, and a number of separate brush fires, in the Spring of 2006, resulted in the need for overtime by our full time firefighters and extra hours by our job-bank firefighters. Additionally, an administrative assistant's salary was funded for the entire year. This expense had not been included in the Fiscal Year 2006 budget. FISCAL IMPACT: A budget amendment is needed to recognize $100,000 of additional salary expense. These funds are available in Reserves for Capital. ,.-.. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves a budget amendment in the amount of $100,000 to cover unexpected salary expenses incurred during Fiscal Year 2006 by the Isles of Capri Fire/Rescue. This action is consistent with the 2006 fiscal year forecast presented at the budget workshops in June 2006, Prepared By: Emilio Rodri1!uez. Fire Chief Isles of Capri Fire/Rescue ,.-.. Agenda Item No. 16F 1 October 24, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1&F1 Recommendation to approve a $100,000 budget amendment from Fiscal Year 2006 to cover unexpected salaries/overtime expense by the Isles of Capri FIre/Rescue. Meeting Date: 10/24/200& 9:0000 AM Prepared By Rod Rodriguez Board of County Commissioners Fire Chief Date Isles of Capri Fire Rescue 10/3/20068:28:20 AM Approved By Rod Rodriguez Board of County Commissloners Fire Chief Date Isles of Capri Fire Rescue 1013/2006 2:35 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's. Office Office of Management & Budget 10/91200611:10 AM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 10/13/20068:04 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10113/20068:18 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1011312006 9:02 AM Agenda Item No. 16F2 October 24,2006 Page 1 of 7 - EXECUTIVE SUMMARY Recommendation to approve a grant application for the 2007 Polaris Ranger All Terrain Utility Vehicle Grant Program. OBJECTIVE: Request approval and signature to apply for a private organization funded match grant from the U.S. Smokeless Tobacco Company. This grant will allow the Bureau of Emergency Services and many other Public Safety organizations the use of this All Terrain Vehicle. .-- CONSIDERATIONS: Given the geographical layout of Collier County with the Gulf of Mexico to the west and the Everglades to the east, we are extremely susceptible to severe weather and our community is exposed to tropical storms and hurricanes from June through November. From December through June, Collier County is constantly under a Wildfire threat. The potential for disaster is upon us throughout the entire year and this donated All Terrain Vehicle can greatly enhance our response times to our most difficult and almost inaccessible locations. This vehicle can aid our Fire and Rescue Departments by establishing fire line patrol and reconnaissance in a woodland fire scenario, assist in Search and Rescue operations; provide transportation for firefighters needing rehabilitation due to heat stress, and help in post disaster damage assessment. Through the award of this vehicle, we will be able to improve and strengthen our ability to respond in an efficient and effective way to a variety of emergency and crisis situations. In the face of these situations of threat or danger our preparedness, mobility, and rapid response will save lives and protect property. FISCAL IMPACT: The value of the donated vehicle is approximately $12,000.00, however, the Emergency Management Department would only require funds to retro- fit the A TV for patient and equipment transport and we need to purchase a vehicle trailer. Total impact would be $7,500.00. lfthe vehicle is awarded, a budget amendment will be processed to transfer the necessary retrofit funds to the General Fund. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve and sign the 2007 Polaris Ranger All Terrain Vehicle Grant Program application. Prepared By: Joseph W. Frazier, Special Projects Coordinator, Department of Emergency Management ,- Agenda Item No, 16F2 October 24, 2006 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F2 Meeting Date: Recommendation to approve a grant application for the 2007 Polaris Ranger All Terram Utility Vehicle Grant Program 10124120069:00:00 AM Prepared By Joseph Frazier Purchasing Agent Date Administrative Services Purchasing 10/12/2006 10:55:20 AM Approved By Marlene J. Foard Grants Coordinator Date Administrative Services Administrative Services Admin. 10112/2006 3:44 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 10/13/20068:04 AM Approved By Michael Smykowski Management & Budget Director Date County Managers Office Office of Management & Budget 10117/200610:16 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10117/200611:39 AM Agenda Item No, 16F2 October 24,2006 Page 3 of 7 ~ US"~Smokeless TOBACCO CO. OPBIlA 1'1() R 11 -., G. N, .i" l~ II R Eligible Organizations: Applying organizations must be based in the United States, The following organizations are eligible for consideration as part of this donation program: Fire - Volunteer & Career Police/Sherif( - Municipal/County/State Wildlife Conservation & Enforcement EMS/Ambulance Search & Rescue Park/Forest Ranger Application Instructions: Please complete this application form, providing all the information requested, Feel free to send additional material, including organizational publications, news articles, photographs, DVD, CD or VHS tape that may assist in the evaluation of this application, Typewritten or computer-printed responses are highly encouraged, Applications and accompanying material become the property of U.S. Smokeless Tobacco Company and will not be returned, [Please note: We cannot accept e-mail submissions,] Send this application and any additional materials to: USSTC Operation Ranger, 100 West Putnam Ave., Greenwich, CT 06830. All materials must be postmarked by midnight Dee, 29, 2006, Organizations previously awarded Trail Gator or Ranger vehicles through the company's donation programs are ineligible for this award For more information and important program updates, visit ussmokelesstobacco.com and look under the Corporate Giving section, 1 Agenda Item No. 16F2 1.0RGANIZATION AND CONTACT INFORMATION Organization name: Collier County Bureau of Emergency Services Type of organization (police, fire, EMS/ambulance, rescue, wildlife conservation/enforcement, etc.): Emergency Management, FirelResue, Emergency Medical Services/ Amubulance, Organization's address (please provide complete street address, not just P.O, Box): 3301 East Tamiami Trail, Naples FL, 34112 - County in which organization is located (very important): Collier County Florida Officer in Charge/Command or Supervising Official (include title): Dan Summers, Director, Bureau of Emergency Services Organization's contact person for this application (include rank/title): Joseph W. Frazier, Special Projects Coordinator Contact daytime phone 239-732-2536 Fax 239-775-5008 number: number: Evening number: 239-263-3996 Mobile number: 239-595-2617 E-mail address (if applicable ): josephfrazier@colliergov.net Is this organization career, volunteer or a combination of Combination the two? Approximate number of personnel: 235 personnel Applicable equipment $57,500.00 budget: Total annual budget: $841,933.00 2 Agenda Item No, 16F2 , , · h' . 'd' 'nf' C' .. l' '.. Oftober 24, 2006 Orgamzatlon s geograp IC JUrIS letto servIce area I.e., mumclpa Ity, county, regIOn, state, etc.,: Page 5 of 7 Jurisdiction encompasses Collier County, Marco Island, Everglades City, Immokalee, and the City of Naples Nearest large or medium-sized city (if applicable); approximate distance and direction from: In County the closest city is Naples; Ft Myers is north of Collier County and is approximately 20 miles away. Newspaper(s) covering your service area: Naples Daily News, Collier County Citizen, Ft. Myers Daily Press, North Naples Journal, Sun Times Television stations covering your service area: ABC 7, FOX 4, NBC 2, FGCU TV, WINK TV 2. HOW YOUR ORGANIZATION WILL USE THE UTILITY VEHICLE For this part of the application, feel free to attach additional pages as necessary, If you prefer to make your organization's case in a separate narrative or videotape, please do so and send it in along with this application with sections I. and 3. completed, Does your organization currently own or have access to an A TV? If so, what make and model? Is this application for a replacement vehicle? We currently do not own an A TV and we do not have access to one. If your organization is awarded a utility vehicle, for what major purpose(s) will it be used? (Example: Off-road search & rescue, wildlife law enforcement, etc,)? The Collier County Bureau of Emergency Services is extremely grateful for the opportunity to compete for the Polaris Ranger 6X 6 Utility Vehicle. Our bureau encompasses the Emergency Management Department which in turn manages the Emergency Medical Services and Fire and Rescue and our purpose is two-fold, "protection oflife" for our 336,000 plus citizens and continue to help make Collier County a vibrant and progressive disaster-resistant community. Collier County is the largest county areawise east of the Mississippi with a total land area of 2,024 square miles. Approximately 1,620 square miles are preserved land. Collier County is also a coastal community in southwest Florida with the Gulf of Mexico to the west and the Florida Everglades to the east. Given our location, severe weather is always a major concern and our community is exposed to tropical storms and hurricanes from June through November. During tropical storms and hurricanes, residents and vacationers in the flood prone areas often need to be evacuated to shelters for safety and in a 12 month period, we have sheltered over 28,000 people to ensure their safety from man-made and natural disasters. Wildfires present another major threat to the safety and well-being of our citizens and since 1998, more than 15,000 wildfires have devastated over one million acres and destroyed more than 750 structures in Florida. Emergency Management has activated the Emergency Operations Center eight (8) times in a twelve (12) month span beginning with Hurricane Charley and ending with Hurricane Wilma. During these times we were able 3 Agenda Item No, 16F2 . . d h 'd Octnb?.!; 24, 2006 to capitalize on many of the "lessons learned" from prevIous expenences an we ave I entifi~ge 6 of 7 -additional critical supplies and equipment that can better enhance our mitigation, preparation, response J, and recovery from any disaster. A top priority on our needs list is an ATV that has all the attributes that your company offers. During our after action meetings we have discussed several meaningful uses for an ATV and they include: 1) Fireline patrol and reconnaissance in woodlands fire scenarios, 2) Transportation for firefighters needing rehabilitation during events, 3) Search and rescue operations, especially in the Everglades, 4) Assist in post recovery damage assessment, 5) Assist and transport our "Special Needs" patients during evacuation and shelter events, 5) Mass Migration from Cuba is another major issue and the A TV will greatly assist our Sherrifs Office and Fire Fighters in patroling our coastline. During non-emergent events that our Emergency Medical Services support such as county fairs, and special fund raising golf tournaments, the A TV would be a tremendous help for our Paramedics in that it would carry strechers and other medical equipment. The A TV would also be used as a patient transport in these scenarios. Another primary and extremely valuable use would be to monitor and patrol our soon to be opened A TV Park. In the past, Collier County has been opposed to allowing citizens to ride A TV's in certain areas of the County due to potential dangers that are prevalent. A viable solution came in the form of opening an A TV Park where all citizens could enjoy riding their vehicle, however, as a public safety division, we would have to have an A TV to effectively patrol and respond to any emergency condition that may arise. If your organization is awarded a utility vehicle, where will it be stationed and primarily used? As a multiple public safety and service organization, all the Bureau's agencies will have the opportunity to utilize the A TV. In addition, the A TV will be made available to our partnering agencies _ such as Fish and Wildlife, Sheriff's Department, Department of Health, Human Services, American Red Cross, Salvation Army and many other public safety and non-profit organizations. If awarded, the A TV will be more than likely be stationed at one of our centrally located fire stations for easy access. Knowing that other emergency organizations will be competing for a limited number of vehicles to be awarded by USSTC, please describe how your organization intends to use the vehicle and/or how it will improve your emergency response, patrol or other capabilities, We realize that there are thousands of deserving organizations out there with a need for this vehicle, however, "Protection of Life" is paramount to our organization and our geographical lay of the land sometimes makes it impossible to respond to emergencies in our woodlands or everglade home sites. It is imperative that we acquire all terrain vehicles to help us traverse these difficult and almost inaccessible locations. Rapid response will surely save lives and your vehicle will greatly contribute to our already extraordinary efforts. Is there any other information that your organization would like the selection committee to consider? The welfare and safety of our citizens comes first and collectively, our County and its multiple public service agencies will do everything in its power to take care of our people. Through the award of this vehicle, we will be able to improve and strengthen our ability to respond in an efficient and effective way to a variety of emergency and crisis situations. In the face of these situations of threat or danger our preparedness, mobility, and rapid response will save lives and protect property. 4 3. HOW DID YOU LEARN ABOUT THIS PROGRAM? PLEASE BE SPECIFIC Agenda Item No, 16F2 October 24,2006 Page 7 of 7 The initial thought process of obtaining an All Terrain Vehicle in support of our departmental endeavors came about during an "After Action" meeting involving one of our 2006 Wildfires. The Director of our Bureau took it upon him self to conduct a Web research on the possibility of purchasing an A TV and came across the USSTC Operation Ranger site. Therefore, we are respectfully submitting this application with the hopes of being awarded the Polaris Ranger. 4. AGREEMENTS AND CERTIFICA nON By completing and submitting this application, the undersigned certifY that: A) You are authorized on behalf of your organization to apply for a utility vehicle through this program and that said organization will accept delivery of a vehicle if this application is ultimately successful. B) The applying organization is a governmental, volunteer, or non-profit entity with appropriate tax exempt and/or SOI(e) (3) status under IRS regulations. C) If awarded a utility vehicle; your organization will participate in a press release, presentation event with USSTC representatives and appropriate officials, and other informational activities that may include media interviews, video or still photography for use by newspaper, magazine, radio and television outlets. If you have questions about the donation announcement, please contact the USSTC Operation Ranger line at 203- 622-3368. Signed: Officer in Charge/Command or Supervisory Official Joseph W. Frazier Special Projects Coordinator Collier County Bureau of Emergency Services Frank Halas Chairman, Collier County Board of County Commissioners Please print name & title Please print name & title ~ US~Smokeless TOBACCO CO, 100 West Putnam Ave" Greenwich, CT 06830 203-622-3368 4Il-SP1n...~~ 1"-& I. _ CLIIK II: '.~I1I11lCcul1 At~~""'--". 5 Agenda Item No, 16F3 October 24,2006 Page 1 of 119 ,- EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve the Collective Bargaining Agreement with the Collier EMSlFire Bargaining Unitt Southwest Florida Professional Firefighters Local1826t International Association of FirerIghters, Incorporated. OBJECTIVE: For the Board of County Commissioners to approve the Collective Bargaining Agreement with the Collier EMS/Fire bargaining unit, Southwest Florida Professional Firefighters Local 1826, International Association of Firefighters, Inc. as well as the budget amendments to fund the negotiated salary adjustments. .- CONSIDERATIONS: On September 28, 2006, the Southwest Florida Professional Firefighters Local 1826, International Association of Firefighters, Inc., through its bargaining unit members, tentatively agreed to the terms of a proposed Collective Bargaining Agreement with the County, as negotiated by County staff, which was subsequently approved by its members through a vote conducted on October 9-10,2006. The proposed Collective Bargaining Agreement is a three year contract which runs from October 1, 2006 through September 30, 2009. The salary increases under the Agreement will be retroactive to be included on the bargaining unit member's first paycheck for fiscal year 2007; just as recent salary increases were provided to the County's other employees. A copy of the Collective Bargaining Agreement is attached to this Executive Summary as Exhibit "A." A few examples of the way this Collective Bargaining Agreement benefits the County compared to the prior agreement include: · Reorganizes and clarifies the grievance procedure and reduces the amount of time to process grievances; · Removes the limit on the number of part-time employees management can hire to work and increases the number of bi-weekly hours part-time employees can work by twenty- four (24) hours; · Reduces the number of shift exchanges employees can take from unlimited to only five (5) per month and provides other such restrictions to allow for easier scheduling of employees; · Places more discretion in the Chief of EMS/Fire to direct his employees and to control the direction of his workforce and assign duties. On September 12, 2006, Agenda Item 16F6, the Board of County Commissioners approved a resolution to increase EMS user fees. The increase in user fees will substantially help offset the proposed union pay increases. - Agenda Item No, 16F3 October 24, 2006 Page 2 of 119 FISCAL IMP ACT: The proposed salary range adjustments for the bargaining unit positions represents the fIrst increase in over three (3) years; and is consistent with the methodology and salary surveys used to make wage adjustments to non-union classifIcations throughout the County. Further, under the proposed Collective Bargaining Agreement, the union will not receive any COLA adjustment or Merit Pay for the fIrst year of the contract Two Budget Amendments are necessary to fund this Agreement as follows: Funds Needed Emergency Helicopter Medical Services Operations Pay Increases $1,174,580 Associated Costs (FICA 334,000 Retirement, Life Insurance Total $1,508,580 $15,160 2,637 $17,797 Source of Funds EMS User Fees Fund 490 Reserves General Fund Reserves Total $1,490,400 18,180 $1,508,580 17,797 $17,797 GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this action. RECOMMENDA nON: That the Board of County Commissioners: 1. Approve the October 1, 2006 through September 30. 2009 Collective Bargaining Agreement with the Southwest Florida Professional Firefighters Local 1826. International Association of Firefighters, Inc., as endorsed by the EMSlFire Chief and staff, and as addressed and discussed herein, and 2. Authorize the Chairman to execute the Collective Bargaining Agreement; and, 3. Approve a Budget Amendment in the amount of $17.797 to fund the increas~s for Helicopter Operations and a Budget Amendment in the amount of $1,508.580 to fund the increases for Emergency Medical Services. PREPARED BY: Jeff Page, ChiefofEMS/Fire Dan Summers, Director. Bureau of Emergency Services Scott R. Teach, Assistant County Attorney ,,,...,, Item Number: Item Summary: Meeting Date: Agenda Item No. 16F3 October 24. 2006 Page 3 of 119 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F3 Recommendation that the Board of County Commissioners approve the COllective Bargaining Agreement With tile Collier EMS/Fire Bargaining Unit Southwest Florida Professionai Firefighters Local 1826, InternCltronal AssoCiation of Firefighters, incorporated 10/24/20069:0000 AM Date Prepared By Jeff Page Bureau of Emergency Services EMS Chief EMS 10/121200611:19:30 AM Approved By Date Jeff Page Bureau of Emergency Services EMS Chief EMS 10/12/200612;37 PM Date App roved By Scott R. Teach County Attorney Assistant County Attorney County Attorney Office 10/1212006 2:49 PM Date Approved By Dan E. Summers County Manager's Office Bureau of Emergency Services Director Bureau of Emergency Services 10/13/20068;04 AM Date Approved By Sherry Pryor County Manager's Office Management & Budget Analyst Office of Management & Budget 10/13/200611:16 AM Date Approved By Michael Smykowski County Managers Office Management & Budget Director Office of Management & Budget 10/13/200612:04 PM Date Approved By James V. Mudd Board of County Commissioners County M ana gar County Manager's Office 10/13/20063:39 PM Agenda Item No, 16F3 October 24, 2006 Page 5 of 119 TABLE OF CONTENTS ARTICLE 1 - PREAMBLE.......... '............ '..................... ...... ................ ............................. ......... 1 ARTICLE 2 - RECOGNITION......................................,......,.. ..................... ............................,.3 ARTICLE 3 - MANAGEMENT RIGHTS................................ ...... .......... ................. ..................4 ARTICLE 4 - STRIKE PROHIBITION AND WORK REQUIREMENTS ................................... 8 ARTICLE 5 - NON DISCRIMINATION.... ...... ....... ..... .............................. ........ ................ .........9 ARTICLE 6 - DUES DEDUCTION....... ........................... .......................... ............................... 10 ARTICLE 7 - REGULAR PART -TIME EMPLOYEES ...................... ...... ........... ........... ...........14 ARTICLE 8 - SENIORITy......... ................ .............. .......,............................. ........................ ...15 ARTICLE 9 - GRIEVANCE AND ARBITRATION PROCEDURE ..........................................18 ARTICLE 10 - PERSONNEL REDUCTION............... ..................................... .............. ...........24 ARTICLE 11 - PROMOTIONS/REASSIGNMENT WITHIN UNIT ........................................26 ARTICLE 12 - HOURS OF WORK AND OVERTIME............................................................. 28 ARTICLE 13 - SICK LEAVE.......... .......................................................................................... 31 ARTICLE 14 - VACATION LEAVE............... ............. ............................................................ 3 8 ARTICLE 15 - LEAVES OF ABSENCE.... .................... ................. .......................................... 43 ARTICLE 16 - BEREAVEMENT/JURY DUTY /WITNES S DUTy......... .................................4 7 ARTICLE 17 - MILITARY LEAVE................................................................................. .........50 ARTICLE 18 - SHIFT EXCHANGE........................................... .............................................. 52 ARTICLE 19 - HOLIDAYS ................. ............ .............................. .......................................,...54 ARTICLE 20 - WAGES & INCENTIVES ................. ................................ ............. ................... 56 o Agenda Item No, 16F3 October 24, 2006 Page 6 of 119 TABLE OF CONTENTS (Cont'd.) ARTICLE 21 - BENEFIT OPTION PLAN .....,...,.........,...,....,.......................................,..,......,.57 ARTICLE 22 - RETIREMENT PLAN ..., ..' ,....... ,........'..,.. ................. ...................,. ........ ........... 59 ARTICLE 23 - TUITION REIMBURSEMENT................. ..................................... ............ .......60 ARTICLE 24 - OUTSIDE ACTIVITIES.......................................................................... ......... 62 ARTICLE 25 - BULLETIN BOARD SPACE ....... ..... ................. ,...... ........ ........ ........ ................ 63 ARTICLE 26 - UNION BUSINESS AND UNION TIME BANK ..............................................64 ARTICLE 27 - UNIFORMS AND EQUIPMENT.. .................................................................... 67 ARTICLE 28 - MISCELLANEOUS.......,............,............,..... ..................................,....,.... ....... 72 ARTICLE 29 - HEALTH AND SAFETy..........",....,...., ............,....., .................... ............ ......., 74 ARTICLE 30 - ALCOHOL AND DRUG TESTING .................................................................. 77 ARTICLE 31 - STATION FACILITIES.................................................................................... 80 ARTICLE 32 - STAFFING............,..............,................,.."..,..,...............,..................,............. 82 ARTICLE 3 3 - SPECIAL EVENTS.........,....,....,.. ................",..........,....,.................................. 85 ARTICLE 34 - EDUCATIONAL INCENTIVES.................... ...................................................86 ARTICLE 35 - LICENSURE" ................. .................', ................,.. .......... ..........., ..........., '.. ....... 88 ARTICLE 36 - IN-SERVICE/CONTINUING EDUCATION TRAINING ................................. 89 ARTICLE 37 - OUT -OF-TOWN TRANSFERS AND TRAVEL ..............................................,92 ARTICLE 38 - MEDICAL QUALITY ASSURANCE .......,.......................................................93 ARTICLE 39 - SAVINGS CLAUSE......".. .......... ,.....,..,............"........... ............,..........,.. ........ 94 ARTICLE 40 - EMPLOYEE RECOGNITION AND REWARDS PROGRAMS........................ 95 ARTICLE 41 - LABOR/MANAGEMENT TEAM ..............................,..................................... 96 ARTICLE 42 - DURATION .......". ..........,..".., ..............,...... ........."".... .................... ........ ........ 97 o Agenda Item No. 16F3 October 24, 2006 Page 7 of 119 TABLE OF CONTENTS (Cont'd.) Appendix A - County Administrative Procedure 5351 - Discipline Appendix B - County Administrative Procedure 5805 - Eligibility to Drive County Vehicles o Agenda Item No, 16F3 October 24,2006 Page 8 of 119 ARTICLE 1 PREAMBLE Section 1.1 - Parties In accordance with Chapter 447, Part II of the Florida Statutes, this Agreement is entered into by and between Collier County Board of County Commissioners (hereinafter "BCC," "County," "EMS/Fire," or "Emergency Medical Service/Fire Department") and the Southwest Florida Professional Firefighters, Local 1826, International Association of Firefighters, Inc, (hereinafter, "Union"). Section 1.2 - Purpose It is the intended purpose of this Agreement to achieve and maintain harmonious relations between the County and the Union, It is contemplated that this Agreement will serve the public interest by maximizing the efficiency and productivity of employees and providing fair treatment and compensation, and provide a procedure for the resolution of claims that this Agreement has been violated by either party, Section 1.3 - Responsibility The Union further recognizes the responsibilities imposed upon it as the exclusive bargaining agent of the Employees who are covered by this Agreement. The Union recognizes that in order for the County to provide maximum opportunities for the continuing employment and good working conditions, the County must be in a strong position, which means it must do business at the lowest possible cost consistent with fair labor standards, Therefore, the Union, through its bargaining position, assumes ajoint responsibility in the attainment of the aforementioned goals and agrees it will cooperate with the County through its agents and designated stewards by supporting the Agenda Item No, 16F3 October 24, 2006 Page 9 of 119 County's efforts to achieve a fair day's work by the employees covered by this Agreement, to actively combat absenteeism, slowness, and all other practices by employees which restrict or tend to restrict productivity. 2 Agenda Item No, 16F3 October 24, 2006 Page 10 of 119 ARTICLE 2 RECOGNITION Section 2.1 - Unit Description The County hereby recognizes the Union as the exclusive bargaining agent for all employees ofthe County as certified by the Florida Public Employees Relations Commission in Case No. RC- 99-027, Cert. No. 1273, October, 1999. The appropriate bargaining unit is comprised of full-time and regular part-time employees in the following classifications: INCLUDED: Emergency Medical Technician Paramedic Paramedic/F irefighter Helicopter Pilot Lieutenant (Company Officer) Lieutenant (Company Officer)/Paramedic/Firefighter EXCLUDED: Managerial Employees Confidential Employees All employees not specifically included in the above-described unit. Section 2.2 - Part-Time Emplovees The County reserves the right to hire regular part -time employees to perform bargaining unit work, provided that the County will not use regular part-time employees to fill regular, budgeted full-time positions while employees are laid off and eligible for and subject to recall under Article 10. 3 Agenda Item No, 16F3 October 24,2006 Page 11 of 11 9 ARTICLE 3 MANAGEMENT RIGHTS Section 3.1 - Specific Riehts The management of the Emergency Medical Service ("EMS/Fire") and the direction of its work force, including but not limited to the exclusive rights to determine whether all or any part of the operations covered by this Agreement shall commence, cease, continue, reduce or increase; to eliminate the operation or any part thereof; to change station locations; to increase or decrease the number of stations; to establish or eliminate battalions; to assign or reassign personnel within or among battalions or within or among shifts or stations on a temporary or permanent basis, consistent with the Agreement; and to establish new jobs; to abolish or change existing jobs; to increase or decrease the number of jobs or employees; to change materials, processes, products, service, equipment, work schedules and methods of operation; to introduce new materials, equipment, services or facilities; to assign work to be performed; to establish and modify job descriptions; to assign and require employees to work overtime; to establish and change hiring procedures; to set the work schedules consistent with the Agreement; to evaluate and direct the work of the employees covered by this Agreement; to maintain, enforce, rescind or change EMS/Fire policies, procedures, rules of conduct, orders, practices, directives and other operational procedures, policies and guides not inconsistent with this Agreement; to establish the standards of conduct and work of employees; to establish or change operational standards; to determine the services to be provided by the EMS/Fire; to discipline, demote or discharge employees for proper cause; to layoff employees from duty for lack of work or for other legitimate reasons; to establish requirements for employment; to promote employees and to have complete authority to exercise those rights and powers incidental thereto, including the right to alter or vary past practices as may be necessary for the orderly and 4 Agenda Item No, 16F3 October 24, 2006 Page 12 of 119 efficient operation of the EMS/Fire, shall all be vested exclusively in the County, subject only to such restrictions governing the exercise ofthese rights as are expressly and specifically provided in this Agreement. The County's failure to exercise any right hereby reserved to it or its exercising any right in a particular way shall not be deemed a waiver of its right to exercise such right nor preclude the County from exercising the same right in some other way not in conflict with the express provisions of this Agreement. Section 3.2 - Reserve Ri2hts There shall be complete regard for the right, responsibilities and prerogative of County management under this Agreement. This Agreement shall be so construed that there shall be no diminution or interference with such rights, responsibilities and prerogatives, except as expressly modified or limited by this Agreement. Section 3.3 - Civil Emen!encv If, in the sole discretion ofthe Chair of the County Commission, or if unavailable, the Vice Chair, or if unavailable, the County Manager, it is determined that a civil emergency condition exists, including but not limited to riots, civil disorders, hurricane conditions or other catastrophes, the provisions of this Agreement may be suspended by the County during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. Section 3.4 - Incidental Job Duties It is understood by the parties that every incidental duty connected with the operations 5 Agenda Item No, 16F3 October 24, 2006 Page 13 of 119 enumerated injob descriptions is not always specifically described and employees, at the discretion of management, may be required to perform other job related duties not specifically contained in their job description. Section 3.5 - Inherent Mana2ement Functions Those inherent managerial functions, prerogatives and policy-making rights which the County has not expressly modified or restricted by a specific provision of this Agreement are not in any way subject to the grievance and/or arbitration procedure contained herein. Section 3.6 - Policy Chan2es The County agrees to provide notice to the Union, in writing, of any change in EMS/Fire policies or rules of general application prior to implementation, which would affect members ofthe bargaining unit. If the written notice affects wages, hours of work or terms of employment, absent exigent circumstances the Union will have fourteen (14) calendar days from the date ofthe notice or, if no notice was given, from the date the internal Union 0 fficial( s) became aware of any proposed change, to file any objections to the proposed changes with the County, which shall consider the objections before making its final decision. The objections, if any, will be filed with the EMS/Fire Chief or designee. Section 3.7 - Desi2nee Unless a specific Section of the Agreement states to the contrary, the Director ofthe Bureau of Emergency Services is a designee of the Emergency Medical Services/Fire Department. Section 3.8 - Impact Ban!ainin2 Nothing contained in this Article shall be interpreted as a waiver of the Union's right to 6 Agenda Item No. 16F3 October 24,2006 Page 14 of 119 bargain over any impacts the exercise of these rights may have on wages, hours and/or terms and conditions of employment. 7 Agenda Item No. 16F3 October 24,2006 Page 15 of 119 ARTICLE 4 STRIKE PROHIBITION AND WORK REQUIREMENTS Section 4.1 - Strike Prohibition The Union and bargaining unit members do not assert and will not assert or advocate any right to engage in any work stoppage, slow down or strike, or to withhold services or otherwise hinder the County's operations. Each employee who holds a position with the Union also occupies a position of special trust and responsibility in maintaining and bringing about compliance with this Article and the strike prohibition of Section 447,505, Florida Statutes and the Constitution of the State of Florida, Article 1, Section 6. Section 4.2 - Discipline Recoenized Any and all employees who violate any provision 0 fthe law prohibiting strikes or this Article shall be disciplined, up to and including discharge, by the County. Section 4.3 - Remedies It is expressly agreed and understood that in the event of a strike, the County may, in addition to other remedies available to it under law, petition a court of competent jurisdiction for appropriate inj uncti ve relief, and! or cancel this Agreement. If this Agreement is cancelled as a result 0 fa strike, the parties agree that the County has all the rights it had prior to the time the Union was certified and that it may make unilateral changes in wages, hours or terms and conditions of employment. 8 Agenda Item No, 16F3 October 24, 2006 Page 16 of 11 9 ARTICLE 5 NON DISCRIMINATION Section 5.1 - Union/Non-Union Activity There shall be no discrimination, interference, restraint, or coercion by the County against any employee for activity on behalf of, or membership in, the Union. There shall be no discrimination, interference, restraint or coercion by the Union or any Union member against any employee because of that employee's refusal to join the Union or participate in Union activity. Section 5.2 - Protected Class Employee rights as provided by local, state and/or federal law are hereby recognized; provided that allegations of discrimination based on race, sex, religion, national origin, disability, age or color or any other current or future protected class will be resolved in the appropriate court or administrative agency and not under Article 9, Grievance and Arbitration Procedure. 9 Agenda Item No, 16F3 October 24,2006 Page 17 of 119 ARTICLE 6 DUES DEDUCTION Section 6.1 - Authorization The County, through the Office of the Clerk of the Court of Collier County, shall deduct from the pay of all Union members who authorize such deduction, the monthly dues payable to the Union. The County reserves the right to bill the Union for the cost of dues deduction if the Clerk of the Court charges the County for this service. Section 6.2 - Deduction Payroll deduction shall be accomplished in equal shares on the first and second pay period of each month. The County will only be responsible for deducting dues associated with the 26 paycheck schedule. There is no obligation for the County to deduct dues from specially prepared checks, such as early vacation pay. Section 6.3 - Form Employees desiring the dues deduction shall authorize it by completing an appropriate form prescribed by the County. The form is attached hereto as Exhibit 1. Section 6.4 - Indemnification The Union agrees to indemnify the County and the Clerk of the Court, and hold them harmless, from and against any liability, real or asserted, of any kind or nature whatsoever, to any person or party, on account of the County or the Clerk's compliance or efforts to comply with this Article. Neither the County nor the Clerk of the Court has any obligation to inform employees of 10 Agenda Item No. 16F3 October 24, 2006 Page 18 of 119 the amount of Union dues or change of such dues. Section 6.5 - Certification of Dues Amount It shall be the Union's obligation to keep the County at all times informed, by certification by the Secretary/Treasurer of the Union, ofthe amount of the uniform dues. Pay will only be deducted for employees who comply with Section 1 of this Article and who authorize deduction of dues by executing Exhibit 1. Section 6.6 - Transmission of Dues to Union The monthly transmission of dues money to the Union will be accompanied by a list of names of employees affected, and the amount transmitted with regard to each. Section 6.7 - Limitation on Deductions No deductions will be made at any time for any monies representing fines, fees, penalties, or special assessments. Section 6.8 - Effective Date of Deduction The obligation to commence making deductions on account of any particular authorization shall become effective with respect to the calendar month following the month in which the authorization is received, provided it is received on or before the 20th of the month by the County. 11 Agenda Item No, 16F3 October 24. 2006 Page 19 of 1.19 Section 6.9 - Cancellation Any employee may withdraw from membership in the Union at any time upon 30 days written notice to the County and the Union. Upon receipt of such notification, the County shall terminate dues as soon as practical. Section 6.10 - Role of Collier County Clerk of Court It is understood that the Clerk of the Court is a Constitutional Officer and is not subject to control by the Collier County Board of County Commissioners. Preparation of the County's payroll and Union dues deduction is a service provided by the Collier County Clerk of the Court. Therefore, the County is neither responsible nor liable for failure to withhold Union dues or mistakes made in dues deduction by the Clerk's Office. The County will work with the Union to correct any mistakes made by the Clerk's Office. Section 6.11 - Good and Welfare Fund A good and welfare fund will be established with a portion of Union dues collected for Local 1826/LA.F.F., Inc., District 14 members. 12 Agenda Item No, 16F3 October 24, 2006 Page 20 of 119 ARTICLE 6 -- EXHIBIT 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZATION FOR PAYROLL DEDUCTION OF UNION DUES I hereby authorize the Collier County Board of County Commissioners, through the Clerk of the Court of Collier County, to deduct from my earnings, the regular monthly dues (uniform in dollar amount) in the amount certified by the Treasurer of Local 1826/LA.F,F" Inc" and further authorize the remittance of such amounts to said local Union in accordance with the currently effective Agreement between the County and the Union, This authorization is revocable by a notice in writing to the Collier County Board of County Commissioners. I hereby waive all rights and claims for said monies so deducted and transmitted in accordance with this authorization and, further and separately, relieve the County and the Clerk, and the respective agents and employees of each from any liability therefor. NAME DATE SOCIAL SECURITY NUMBER SIGNATURE AUTHORIZATION TO STOP PAYROLL DEDUCTION OF UNION DUES I hereby authorize the Collier County Board of County Commissioners, or its agent, to stop deducting the sum which was designated and current by the Treasurer of Local 1826/LA.F ,F., Inc. from my wages, NAME DATE SOCIAL SECURITY NUMBER SIGNATURE 13 Agenda Item No, 16F3 October 24,2006 Page 21 of 119 ARTICLE 7 REGULAR PART-TIME EMPLOYEES Section 7.1- Reeular Part-Time Emplovees The County reserves the right to hire regular part-time employees to perform EMT and Paramedic duties bargaining unit work, provided that a regular part-time Paramedic will not be in charge of a unit. The County will not use regular part-time employees while there are qualified full- time employees on lay-off eligible for recall. Section 7.2 - Pay Regular part-time employees shall not be permitted to work more than one hundred sixty- eight (168) hours in any pay period. The County agrees to maintain records of the number of hours that regular part-time employees work; if a regular part-time employee has an excess of one hundred sixty-eight (168) hours and knowingly accepts more hours they may be disciplined. A Union representative will have access to paYToll records to ensure compliance. The regular part-time employee must notify the County if the offered hours will cause them to exceed the one hundred sixty-eight (168) hour maximum. Regular part-time employees will be paid at the rate set forth in Article 20. Benefits, except to the extent required by law, or as outlined by this Agreement, will not be paid to part-time employees. Section 7.3 - Not Covered bv Contract Part-time employees are covered by any Article of this Agreement unless the Article or Section specifically excludes part-time employees. 14 Agenda Item No, 16F3 October 24, 2006 Page 22 of 119 ARTICLE 8 SENIORITY Section 8.1 - Definition Seniority is defmed as continuous, regular service with the Collier County EMS/Fire and is that time actually spent on active payroll plus those periods specified in Section 2 of this Article. The seniority date shall be an employee's last date of hire in Collier County EMS/Fire. If two or more employees have the same EMS/Fire date of hire, relative seniority will be determined by the last four digits ofthe employees' social security numbers, with the lowest number the most senior. It is agreed that the seniority provisions ofthis Agreement shall not apply to employees who have not completed their probationary period; however, upon the satisfactory completion of his/her probationary period the employee will be entered on the seniority list as of the original date of hire. For purposes ofthis Article, Article 10 and the Vacation Section under Section 14,3, seniority for a part-time employee who becomes a regular full-time employee will begin on the date of hire as a part-time employee, following completion of probation, Seniority does not apply to benefit accruals or for any other purpose under this Agreement. For bid purposes employees that work on a ground ambulance will base their seniority on their original date of hire, as calculated by Section 8,2, For employees that participate in specialty programs or within the firefighter classifications, their seniority will be based on the first date that the employee started working in that program; in the event acceptable documentation of the start date is unavailable, seniority will revert to the original date of hire, 15 Agenda Item No. 16F3 October 24, 2006 Page 23 of 119 Section 8.2 - Calculation of Seniority In computing an employee's seniority, the following periods of time shall be included: A. Approved leaves of absence. B. Vacation periods. C. Periods of temporary layoff for a regular employee up to six (6) months. D. Periods of illness or accident up to one (1) year. E. Qualifying periods of service in the Armed Forces of the United States. F. Leave granted under the Family Medical Leave Act. Section 8.3 - Loss of Seniority Unless otherwise stated, an employee shall be terminated and shall lose all accumulated seniority if: A. He/She voluntarily quits. B. He/She is discharged and not reinstated with full benefits under the County Procedures. C. He/She has been continuously laid off for a period of more than six (6) months. D. He/She fails to return to work on the date designated in a notification to return to work following layoff. E, He/She fails to return to work at the end of any period specified in Section 8,2. Section 8.4 - Break in Service When there has been a break in continuous employment for thirty (30) days or more, except for any approved leave or a layoff, the affected employee, upon reinstatement or re-employment, will be considered a new employee for all purposes under this Agreement. 16 Agenda Item No, 16F3 October 24, 2006 Page 24 of 119 Section 8.5 - Probationary Period The first twelve (12) months of employment with Collier County EMS/Fire shall be considered probation. A full time employee will be off probation and considered a regular full-time employee upon receipt of a "meets expectations or above" or other comparable evaluation, which is performed during the 12th month of employment. This probationary period may be extended up to three (3) months. Section 8.6 - Annual Seniority List The County shall provide by October l51 of each year, a seniority list of regular full-time employees in the bargaining unit. The seniority list shall be based on the last date of hire with Collier County EMS/Fire. The seniority list shall be used as required for the basis of action under other articles of this Agreement. The seniority list shall be conclusively presumed accurate unless challenged by the Union within fourteen (14) calendar days of its receipt by the Union. 17 Agenda Item No, 16F3 October 24,2006 Page 25 of 119 ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURE Section 9.1- Purpose In a mutual effort to provide a hannonious working relationship between the parties to this Agreement, it is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances between the parties arising from any alleged violation of a specific term of this Agreement other than any matters relating to discipline and discharge. Section 9.2 Grievance A. For the purpose of this Agreement, a grievance is defined as a dispute, claim or complaint that any employee or group of employees may have as to the interpretation, application, and/or alleged violation of some express provision of this Agreement which is subject to the Grievance Procedure. B. Any grievance involving discipline, up to and including termination is governed by the County Policy as described in Section 9,6 and is not subject to the Grievance and Arbitration Procedure. Disciplinary actions that do not involve suspension or termination are subject to the Grievance Procedure through Step 3, but not to arbitration under this Article. C. The Union or employee may abandon or settle a grievance. Grievances settled under this Article shall be non-precedent setting and cannot be offered as evidence or as precedent in any subsequent arbitration case unless the Union and the County mutually agree in writing that the grievance is precedent setting. D. No grievance can be amended or supplemented after the initial management response at Step 1 without the written consent of the Emergency Medical Services/Fire Chief. 18 Agenda Item No, 16F3 October 24, 2006 Page 26 of 119 E. There is no duty to arbitrate any grievance where the factual basis of the grievance occurred prior to the execution of this Agreement or after the expiration of this Agreement. Section 9.3 - Ri2ht of Individuals to A Just Grievance Nothing in this Agreement shall be construed to prevent any employee from presenting, at any time, his/her own grievance in person and having such grievances adjusted; provided the adjustment is not inconsistent with the tenns of this Agreement. If the grieved employee requests Union representation, the grievant will notify the Emergency Medical Services/Fire Chief or designee. It is the responsibility of the grievant to notify the Union of any meeting called for the resolution of such grievances. Section 9.4 - General A. A reasonable effort will be made by the parties to settle all grievances as soon as possible. The time limits set forth shall be strictly complied with, and can only be extended by mutual agreement of the parties in writing. Any grievance shall be considered settled at the last level considered if the grievant fails to timely process the grievance. B. The Union will not be required to process grievances for employees who are not members of the Union. C. The commencing of any proceeding5 against the County in a court oflaw or equity, or before the Public Employee Relations Commission, or any other administrative agency for misapplication or misinterpretation of the terms of this Agreement, shall be deemed an election of remedy and shall be deemed a waiver by the employee or the Union of its/their right to resort to the grievance and arbitration procedure contained in this Article. The utilization of the arbitration procedure under this Article for the resolution of alleged violations of this Agreement shall 19 Agenda Item No, 16F3 October 24,2006 Page 27 of 119 constitute a waiver of any rights of the party who initiated the arbitration may have to file a charge on the issue with the Public Employees Relations Commission or any other state or federal agency. Section 9.5 - Reauirements of Written Grievance All grievances, as outlined above, must be in writing and must contain the following information: (1) Article and Section of the Agreement alleged to have been violated; (2) A full statement ofthe grievance, giving facts, dates and times of events, and if possible, specific violations. The grievance shall also contain the remedy or adjustment desired; (3) Signature of aggrieved employee and date signed; and (4) Signature of the Union representative (must be a designated official or steward) if the grievance requests Union representation. (5) A class grievance may be filed when a single issue applies to more than one employee and in such cases the elected employee representative or Principal Officer must sign the grievance form. Any grievance not containing the above information is not a grievance and shall not be subject to arbitration absent the mutual consent of the parties. The grievance form must be submitted and completed in full. Section 9.6 - Suspension/Discipline All grievances and appeals of action involving discipline or discharge will be governed by the Collier County Human Resources Practices and Procedures and County Administrator's (Manager) Agency ("CMA") Instruction Manual, as amended, to permit union representation that is in effect for all other Collier County non-exempt employees. A copy ofthe current CMA is attached as Appendix A. 20 Agenda Item No, 16F3 October 24, 2006 Page 28 of 119 Section 9.7 - Steps Grievances shall be processed in accordance with the following procedures: STEP 1: The grievant shall present in writing his/her grievance to his/her immediate supervisor within fourteen (14) calendar days of the occurrence of the action giving rise to the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most effective manner. The supervisor shall reach a decision and communicate in writing to the grievant within fourteen (14) calendar days from the date the grievance was presented, Failure of the supervisor to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 2. STEP 2: If the grievance is not settled at Step I, the grievant, within seven (7) calendars days of the answer in Step 1, may present it to the Chief of Emergency Medical Services/Fire. The Emergency Medical Services/Fire Chief shall investigate the alleged grievance and may conduct a meeting with the grievant. The Emergency Medical ServiceslFire Chief shall notify the aggrieved employee ofthe decision no later than seven (7) calendar days following receipt of the grievance at Step 2. Failure of the Emergency Medical Services/Fire Chief to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 3, STEP 3: Ifthe grievance is not settled in Step 2, the grievant, within seven (7) calendar days ofthe answer in Step 2, may present the written grievance to the Director of the Bureau of Emergency Services (the "Director"). The Director shall investigate the alleged grievance and may conduct a hearing or meeting with the grievant. The Director shall notify the aggrieved employee in writing of the decision not later than seven (7) calendar days following the submission of the grievance at Step 3, Failure of the Director to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal 21 Agenda Item No, 16F3 October 24,2006 Page 29 of 119 to Step 4. STEP 4: If a grievance, as defined in this Article, has not been satisfactorily resolved within the grievance procedures, the grievant may request arbitration in writing to the Human Resource Department no later than seven (7) calendar days after the response is received. Section 9.8 - Arbitration Whenever the aggrieved employee requests arbitration in accordance with the provisions of Section 9.7, the grievant may request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators. The request must be made within fourteen (14) calendar days of the denial of the grievance at Step 3. Arbitrators shall be selected from such panel by alternately striking names from this list (the grievant shall strike first) until the last name is reached. The Union reserves the sole authority over whether to proceed to arbitration on a particular grievance. Section 9.9 - Rules Applicable to Grievance/Arbitration The following general rules are applicable to this Article: A. The arbitrator shall not have the power to add to, subtract from, modify, or alter the terms of this Agreement. B. The arbitrator shall have no power to establish wage scales, rates of pay for new jobs, or to change any wage, except when the wage being paid is in violation ofthe Agreement, or when he is otherwise specifically empowered to do so by both parties, C. The arbitrator shall have only the power to rule on grievances arising under this Agreement, as defined under Section 9,2 and which comply with the requirements of Section 9.4 (A) and (C), Section 9.5 and the time limits established by this Article. 22 Agenda Item No, 16F3 October 24, 2006 Page 30 of 11 9 D. The arbitrator shall determine each dispute in accordance with the terms of this Agreement and in accord with a Submission Agreement, if one can be agreed to. If there is no Submission Agreement, then the arbitrator will rely on the grievance under Step 1 of Section 9,7. E. The arbitrator shall not receive into evidence nor rely upon any past practices that occurred prior to the date of execution of this Agreement. F. The arbitrator's sole authority with regard to monetary awards is the award of back pay. No interest, costs or other damages of any type whatsoever may be awarded. G. There is no duty to arbitrate any grievance where the factual basis of the grievance occurred prior to the execution of this Agreement or after the expiration oftrus Agreement. Section 9.10 - Appeals The ruling of the arbitrator shall be final and binding on the Union, on all bargaining unit employees and on the County; provided, however, that the arbitrator's decision is not outside or beyond the scope of the arbitrator's jurisdiction and authority as set forth in this Agreement. Section 9.11 - Costs The costs of the arbitration shall be split equally between the parties. Each side desiring a transcript will pay for it. If both parties obtain or use a copy of the transcript, the cost of the court reporter's fees and transcript shall be equally split between the parties, Expenses, including wages for witnesses, shall be borne by the party calling them. 23 Agenda Item No, 16F3 October 24,2006 Page 31 of 119 ARTICLE 10 PERSONNEL REDUCTION Section 10.1 - Lavoff Procedure In the event of a reduction in force, the County will declare a surplus by classification. The County will consider a number ofrelevant factors in determining selection of individuals for layoff, with the public interest to be of prime importance. Factors to be considered include, but are not limited to: A. Conduct/disciplinary record for the last three (3) years; B. Attendance record for the last three (3) years; and C. Seniority. As between two employees, if the County, in its sole discretion, determines factors A, B and C are relatively equal at the time oflayoff, seniority shall prevail. Section 10.2 - Recall Recall will be in reverse order oflayoffs. No new bargaining unit employees will be hired by the County in a classification until all members of the bargaining unit who were laid off in that classification within the prior six (6) months are offered recall. Within three (3) work days of a certified receipt date, laid off employees must signify in writing, their intention ofretuming to work, to the Emergency Medical Services/Fire Chief or designee. Failure to respond to the notice within the prescribed time limits previously stated, or failure to report on the date designated, shall constitute a resignation by the employee. 24 Agenda Item No, 16F3 October 24, 2006 Page 33 of 119 ARTICLE 11 PROMOTIONS/REASSIGNMENT WITHIN UNIT Section 11.1 - Definition A promotion/reassignment is defined as either movement from a lower rank to a higher rank within the bargaining unit (i.e. Paramedic to Lieutenant/Company Officer) or movement into a specialty assignment (i,e., FTO, Med Flight, SORT). Promotions/reassignment to a rank or position outside the bargaining unit is not covered by this Agreement. Section 11.2 - Selection A. Promotions/reassignments are offered in an effort to recognize and reward an employee for permanent acceptance of increased responsibilities. 1. The selection process shall at least consist of the following components: a. Written Examination taken from materials published in a list to candidates 30 days prior to testing. b. An oral interview. B. Within five (5) days ofthe close of testing, a candidate list shall be posted listing the employees ranked in order of final results. The Chief may suspend a person's position on the list based on documented significant operational or training deficiencies, C. Following the initial promotions from the promotional list, the list shall remain active for a period of twelve (12) months or until all names have been exhausted. Section 11.3 - Pay Upon Promotion/Reassh.!nment 26 Agenda Item No. 16F3 October 24, 2006 Page 34 of 119 Upon promotion/reassignment to a classification with a higher pay grade, the employee shall receive at the County's discretion, a pay increase between one percent (1 %) and no greater than ten percent (10%), which amount, shall not be less than the base salary 0 fthe new position, and shall not exceed the maximum pay of the new classification. 27 Agenda Item No. 16F3 October 24, 2006 Page 35 of 119 ARTICLE 12 HOURS OF WORK AND OVERTIME Section 12.1- Work Schedule Regular full-time employees in the bargaining unit will work one ofthe following schedules: A. Twenty-four (24) hours on duty followed by forty-eight (48) hours off duty in a repeating rotating schedule. Non-seasonal units established after the date ofthis Agreement will be assigned to twenty-four (24) hour shift, within the limits of available staffing. B. Twelve (12) hours on duty followed by twelve (12) hours off duty with the number of days as scheduled by the County; provided that the current twenty-four (24) hour units will not be permanently converted to twelve (12) hour units during the term of this Agreement. Helicopter Pilots, employees assigned to seasonal, out-of-county transfer, special events, and inter-facility transport units may be assigned to shifts of less than twenty-four (24) hours, C. Eight (8) hours on duty for five (5) consecutive days. Section 12.2 - Overtime Pav Regardless of shift assignment, employees will be paid overtime as required by the Fair Labor Standards Act. Except as otherwise provided herein, leave time, whether paid or unpaid, will not be counted as time worked for overtime purposes. Section 12.3 - Overtime Assh!nment Overtime shall be awarded according to a Mandatory Overtime and Scheduled Overtime Distribution General Order, Section 12.4 - Maximum Continuous Hours At no time shall an employee be permitted to work more than fifty (50) hours in any rolling 28 Agenda Item No, 16F3 October 24, 2006 Page 36 of 119 ("continuous") seventy-two (72) hour period, unless being held past the fifty (50) hour mark is due to a late call, or is the result of an emergency, The employee will be given a minimum of twelve (12) hours off following working 48 hours or 50 continuous hours, Should the employee choose to work a previously scheduled detail it will be permitted. Section 12.5 - Workweek The workweek will begin on Saturday and end on a Saturday 168 hours later. Section 12.6 - Earlv/Late Report Employees who are held over beyond their normal work shift shall accumulate hours worked in one-quarter hour increments rounded to the next nearest quarter hour. Employees called in to work earlier than normally scheduled in conjunction with a scheduled work day, shall be paid in increments of one-quarter (1/4) hour, Employees who report to work late will receive no pay for the time missed, rounded to the nearest one-quarter (114) hour increment. Section 12.7 - Bareainine Unit Work Nothing in this Article or in this Agreement shall be interpreted as prohibiting or in any way restricting Collier County EMS/Fire non-bargaining unit members from performing bargaining unit work on a temporary basis. This Section will not be utilized to allow the County to subcontract out Units nor to permit replacement of bargaining unit personnel with employees of a partnership agency, except when the non-Collier personnel are working on County vehicles as part ofthe ALS Engine Program, Single Vehicle Response Program, SORT team, or other similar program. 29 Agenda Item No, 16F3 October 24,2006 Page 37 of 119 Section 12.8 - Pilot Assi2nment Helicopter Pilots who are unable to fly due to helicopter maintenance will report to work for their normal shift and be assigned other duties or flight work as assigned by the Chief Pilot for the duration of their shift, and therefore not suffer any loss of pay as the result of those conditions outside their control. Pilots may be utilized to assist the mechanic with the starts required for helicopter repair or perform other aviation-related duties. In the event the helicopter is out of service due to maintenance for periods longer than forty-eight (48) consecutive hours, Pilots may be assigned to ride as a third person on a ground ALS unit during the hours they would have normally been scheduled to work, provided there is no training scheduled for Med Flight personnel during these extended periods when the helicopter is down due to maintenance. When Med Flight is unable to fly due to changes in the weather conditions, Pilots will remain assigned to their normal work hours and shall continue to report to H.O.C. to be available to run calls when the weather changes, ARTICLE 13 30 Agenda Item No, 16F3 October 24, 2006 Page 38 of 119 SICK LEAVE Section 13.1 - Elhdbilitv All regular and probationary employees shall be entitled to accrue and use accumulated sick leave with pay from the date of hire. Regular part-time employees do not accrue sick leave benefits. Section 13.2 - Accrual of Sick Leave A. Regular employees hired after September 30, 1993 shall accrue hours of sick leave on the following schedule: 40/42-hour 56-hour B. Regular employees hired on or before September 30, 1993, shall accrue hours of sick leave on the following schedule: 40/42-hour 56-hour 4.62 hours per biweekly pay period 6.47 hours per biweekly pay period C. Regular employees may accrue an unlimited number of sick leave hours throughout their County career. D, Employees hired from Constitutional Officer agencies without a break in continuous service or with a break in service ofless than 30 days may transfer their accumulated sick time, The date of hire with the Constitutional Officer agency shall determine the sick leave accrual rate with the County. E, Sick leave shall be accrued on the basis of regular hours worked, earned vacation leave taken, earned sick hours taken, holiday hours, and military leave, F. Leave without pay and hours in excess of forty (40) hours, forty-two (42) hours, or fifty-six (56) hours average per week, as applicable, are excluded from sick leave accrual. 31 Agenda Item No, 16F3 October 24,2006 Page 39 of 119 Section 13.3 - Use of Sick Leave A. The minimum charge for sick leave shall be one half (1/2) hour units. B. Sick leave may be granted for the following purposes: 1. Personal illness or injury. 2. Employees assigned to eight (8) hour shifts may use sick time for appointments with medical, dental or other recognized practitioners for consultation or treatment when such appointments cannot be scheduled during non-work hours. Employees assigned to a twenty-four (24) hour shift may use sick leave for such appointments when a medical emergency exists. 3, Serious illness and/or disability in the employee's immediate family where the employee's presence is necessary to provide care, for up to two (2) 24-hour shifts, or two (2) 12-hour shifts, or three (3) 8-hour shifts for anyone incident. For purposes of this Section, immediate family is defined as spouse, children, brother, sister, or parents. 4. Disabilities arising out of pregnancy, childbirth, and recovery shall be treated as other temporary, non-job connected disabilities in terms of eligibility for sick leave, vacation, or leave of absence. 5. Employees will be allowed to use all of their sick time prior to using short term or long term disability if they choose. C. Notification and Proof of Illness. 1. The employee shall be responsible for notifying the EMS Battalion Chief on duty or Chief Pilot two (2) hours or more before the start of the shift on each day of 32 Agenda Item No, 16F3 October 24, 2006 Page 40 of 119 absence, Failure to provide timely notice will be cause for denial of sick leave pay for the period of time, 2. Upon management's request, employees may be required to supply proof of sickness, injury or disability, including that of the employees' spouse, child or parent and the appropriate proof that the employees' presence is required, by submitting, at their own expense, a prescription or receipt showing payment that medical services were rendered: (a) After three (3) non-consecutive sick leaves during any rolling 12- month period; or (b) When there is a pattern or practice of sick leave usage; or (c) When there is a basis to form a reasonable suspicion that the sick leave is being abused. 3. When an employee has had an illness which requires hospitalization or results in absence from work for more than two (2) consecutive shifts or more than five (5) consecutive days, whichever is greater, the employee shall provide a doctor's note stating that the employee may return to work to be eligible for sick leave pay. 4. When out on leave for medical reasons, an employee is required to first use all accrued sick leave prior to using leave without pay. With management's approval, the employee may use vacation leave or compensatory time (pilots), if sick leave is exhausted prior to being placed on leave without pay. 5. In cases of accident or injury, a medical leave may be granted without prior notice. Section 13.4 - Sick Leave Pay Upon Separation 33 Agenda Item No, 16F3 October 24,2006 Page 41 of 119 A. Employees of record on August 2, 1996 shall have their sick leave balances calculated and valued as of the end of the workday of August 2, 1996. B. The valuation shall be calculated as follows: . Total hours sick leave accrued X percent allowed upon separation (see chart below) = hours to be paid. % PAID AT YEARS OF SERVICE SEPARATION At least 2 years but less than 5 years 20% At least 5 years but less than 10 years 25% At least 10 years but less than 15 years 35% At least 15 years but less than 20 years 40% After 20 years 50% C. Upon separation, each employee's total accrued sick leave will be calculated and valued in the same manner again. Employees who are separated from County employment due to misconduct, job abandonment or violations ofthe Code of Ethics shall not be entitled sick leave pay upon separation. D, No employee hired after August 2, 1994 shall receive payment for accrued sick leave upon separation. E. The maximum amount of sick leave hours that may be paid to an employee at termination is 1040 hours, F. Regular full-time employees who are laid off from County service shall have the option of receiving payment for sick leave at the time of layoff as provided in this Section or retaining eligible accrued sick leave hours for a period of six (6) months. G. In the event an employee is separated because of death, sick leave shall be paid in the final paycheck as calculated above. Section 13.5 - Attendance Incentive Plan The County's Attendance Incentive Plan in effect for all other County employees will 34 Agenda Item No, 16F3 October 24, 2006 Page 42 of 119 continue to be available to bargaining unit employees. Any change in the Plan will be applicable to bargaining unit employees and is not subject to the grievance procedure. Section 13.6 - Sick Leave Bank The County shall establish an EMS/Fire Employee Sick Leave Bank separate from the County Sick Leave Bank for use by all Collier County Emergency Medical Services bargaining unit employees as outlined in this Section. A. An employee having used all of his/her vacation and sick hours due to absence resulting from a serious illness, accident or disability may receive a donation from the Sick Leave Bank as hereinafter provided. Employees out as the result of a worker's compensation injury may not be considered for Sick Leave Bank usage. To be eligible to participate, the employee must be a regular full-time employee and have completed the initial probationary period. B. An employee must contribute initially at least eight (8) hours of accrued sick leave or vacation to participate in the Sick Leave Bank program. Donations to the Sick Leave Bank must be authorized by the employee by completing and signing the Sick Leave Bank Donation Form, The EMS/Fire Chief and the District 14 DVP will review the Sick Leave Bank balance and determine if sufficient time is available. Every year on October 1 st, a notice will be sent to all employees requesting donations be made to the Sick Leave Bank. If donations are needed, employees who wish to continue their participation in the program will donate the requested time, The donated time will only be in eight (8) hour blocks, All participating employees will contribute the same number of hours. C. The EMS/Fire Chief or the District 14 DVP may request the establishment of a leave bank account for an employee, The request shall be submitted in writing to the Sick Leave Bank Committee, which shall consist of three (3) members: one bargaining unit member chosen by the 35 Agenda Item No, 16F3 October 24, 2006 Page 43 of 119 District 14 DVP, one bargaining member selected by the EMS/Fire Chief; and the EMS/Fire Chief serving as the third Committee member. The written request shall be submitted to the Sick Leave Bank Committee, who shall then meet or communicate as soon as possible to review the request. The decision of the Committee will be final and not subject to the Grievance and Arbitration Procedure. D. Use of leave from the Sick Leave Bank shall not exceed three (3) calendar months. Exceptions to this rule, which would permit the approval of up to another three (3) months of Sick Leave Bank usage, can be approved by the Sick Leave Bank Committee. E. As long as the employee is in a pay status, the County will maintain its contributions to the health insurance program for that employee. F. Employee donations to the Sick Leave Bank will not impact their eligibility for the Attendance Incentive Program. G. An employee receiving paid leave from the leave bank as a result of the employee's own serious health condition, defined as an illness, injury, or impairment, physical or mental condition, that involves inpatient care in a hospital, hospice, or residential medical care facility or requires continuing medical treatment by a health care provider shall be considered to be on medical leave. Such leave shall be counted against the employee's leave entitled in accordance with the Family and Medical Leave Act of 1993 (FMLA). Section 13.7- Personal Leave All full-time County employees will be eligible for sixteen (16) personal leave hours with pay per calendar year. A. The personal leave hours will be credited at the employee's time of hire. B. Personal leave hours shall not be accrued or be transferred to any other leave account and 36 Agenda Item No, 16F3 October 24, 2006 Page 44 of 119 shall be forfeited by the employee if not used during the calendar year, C. Employees who resign, are laid off, or are otherwise separated or discharged from the County Service shall not be entitled to be paid for any unused personal leave balance. D. The minimum charge for personal leave shall be in one (1) hour units, E. Personal leave may be used by the employee to conduct personal business. Personal leave may be used to observe the Good Friday holiday, subject to attaining approval from the employee's supervisor at least two (2) weeks in advance from the day of the holiday. Staffing requirements and the ability to serve the public shall be considered in approving the leave request. F. Supervisors may require at least five (5) days advance notice if an employee wishes to use personal leave. 37 Agenda Item No, 16F3 October 24,2006 Page 45 of 119 ARTICLE 14 V ACA TION LEAVE Section 14.1- Accrual Employees shall accrue vacation hours according to the following schedule: YEARLY ACCRUAL PER VACATION HOURS PAY PERIOD LENGTH OF SER VICE WORK WEEK WORK WEEK 40 56 40 56 o - end of2 Years 80 120 3.08 4,615 3 - end of6 Years 120 168 4.616 6.464 7 - end of20 Years 160 240 6.152 9.23 21 + Years 200 288 7,616 11.08 Employees accrue vacation hours from their fIrst day of full-time employment but are not eligible to use vacation time for the fIrst six (6) months oftheir employment. The maximum number of vacation hours an employee is permitted to accrue is 480. Vacation leave in excess of 480 hours will be automatically converted to sick leave. If at the time of separation the employee has more than 320 hours of vacation only 320 hours will be reimbursed by the County. Section 14.2 - Selection Employees may select vacation dates for one or more shifts before December 1 st for the period January 1 through December 31 of the next year. Vacation dates shall be selected in this time frame shall be granted to employees based on seniority, Section 14.3 - Maximum A. Except as hereinafter provided, the County shall allow up to six (6) 12/24-hour bargaining unit employees off duty on vacation leave per shift; additional leave may be granted at 38 Agenda Item No, 16F3 October 24, 2006 Page 46 of 119 the Chief s discretion. B. During the Holiday periods set forth in Section 14.6, only four (4) bargaining unit employees may be off duty on vacation leave per shift; additional leave may be granted at the Chiefs discretion. C. Pilots shall schedule vacation, with the approval of the Chief Pilot, provided that no more than one pilot, including the Chief Pilot, can be on vacation at any time. The Chief Pilot will select vacation first. D. Employees scheduling vacation time under this Section during the November to December period will be locked in for the dates granted as of January 1st. Section 14.4 - Increments Vacation leave for 24-hour shift employees must be taken in minimum of twelve (12) hours at any time if the County is to be responsible to locate and secure coverage for the employee. Employees on twelve (12) and eight (8) hour shifts can take vacation in six (6) or four (4) hour increments, respectively. Employees may use vacation in one (1) hour increments provided the employee finds their own overtime coverage, The employee working the overtime must agree to do so in writing. If the employee who agreed to work the overtime fails to work it for any reason, he will be charged one and one-half (11/2) vacation hours for each hour the employee failed to work, unless they find an acceptable replacement. In the event the employee scheduled to work the overtime fails to do so and provides a prescription or a doctor's receipt as proof of illness, the employee will not be charged for the hours not worked, The Rules Governing Shift Exchanges and Procedures under Sections 18.8 and 18,3 respectively will apply to this Section. Section 14.5 - Vacation Pay Upon Separation Employees who are separated for any reason will be paid for accrued but unused hours, not to 39 Agenda Item No, 16F3 October 24, 2006 Page 47 of 119 exceed 320 hours, at the employee's rate of pay at the time of separation. Section 14.6 - Vacation Leave Durin2 Holidav Periods No employee shall be granted vacation leave during the same holiday period in two consecutive years; unless no other employee requests vacation for the same period the second year. For the purposes of this Section, holiday periods shall be defined as follows: HOLIDAY VACATION PERIOD INCLUDED IN THIS SECTION Fourth of July July 1st through July 7Ul Thanksgiving Tuesday in November prior to Thanksgiving through the Sunday III November after Thanksgiving Christmas December 21S[ through December 28Ul New Year's December 29th through January 2DC1 Employees who are granted vacation leave during one ofthe periods listed above will not be granted vacation leave in the same period in the following year, unless no one requests the shift during the annual vacation request period, then the process becomes first come first served. Section 14.7 - Shift Chan2es Employees who are required to change shifts by the County and who have been approved for vacation leave prior to the change of shift, will be granted the same time frame for vacation leave on their new shift. Vacation leave will be honored even if granting the leave causes more employees to be off for that period than is allowed in Section 14.3. Employees who are granted a shift exchange at the employee's request that had been approved for vacation leave prior to the change in shift will be granted the same time frame on their new shift, provided there is a vacation slot(s) available. Section 14.8 - Use of Vacation for Sick Leave In addition to scheduled use under Section 14.3, with the prior approval of the Emergency Medical Services/Fire Chief or designee, accrued vacation leave may be used for uncovered portions 40 Agenda Item No, 16F3 October 24, 2006 Page 48 of 119 of sick leave if all sick leave has been exhausted. Section 14.9 - Non-Scheduled Vacation Request A. Employees who submit requests for vacation outside the provisions of Article 14.2 shall be granted vacation on a first-come, first-served basis, subject to the limitations of Section 14.3. Requests under this Section must be received fourteen (14) days prior to the beginning of the shift for which the employee is requesting vacation. Any requests less than fourteen (14) days may be approved by the employee's Division Chief or designees. B, Employees experiencing last minute personal situations requmng immediate attention, may, with the approval of their Division Chief, utilize vacation time to handle the situation. Such approval may not exceed twenty-four (24) hours in length and must be taken in minimum one-hour increments. Division Chiefs may, at their discretion, require proof from the employee of the need for the last-minute vacation leave upon the employee returning to work. Section 14.10 - Chan2e in Schedule Employees who are moved from a forty (40) hour per week schedule to a fifty-six (56) hour per week schedule, and vice versa, shall have their accrual rate for vacation leave hours adjusted either up or down as listed above, beginning with the first work day on the new schedule. All accrued vacation hours earned and not yet used prior to the date of the shift change shall remain intact, unadjusted and available for the employee to use on an hour- for-hour basis per the guidelines of this Article. Section 14.11- Vacation as Time Worked Time off on vacation leave will count as time worked for overtime purposes. 41 Agenda Item No, 16F3 October 24,2006 Page 49 of 119 Section 14.12 - Vacation Sell-Back Members ofthe bargaining unit are eligible to participate in the County's Vacation Sell-Back program. Section 14.13 - County Policy The County Administrative Procedure regarding vacation leave, holidays and all other leave, whether paid or unpaid, is not applicable to employees covered by this Agreement. Section 14.14 - Approved Leave Start Time An employee's approved leave, to include shift exchange begins at the end ofthe shift prior to an approved leave or shift swap. The leave or shift exchange must be in excess of 12 hours. ARTICLE 15 LEAVES OF ABSENCE Section 15.1 - Leave of Absence Upon written request from a regular full-time non-probationary employee and 42 Agenda Item No, 16F3 October 24, 2006 Page 50 of 119 recommendation from the Emergency Medical Services/Fire Chief, the County, in its sole discretion, may grant a leave of absence, without pay, to regular, full-time employees for a maximum of three (3) months. Leave without pay will not be granted unless the employee has exhausted hislher vacation leave and compensatory time and, where appropriate, sick leave. No employee can work for another employer while on leave of absence from the County, Temporary and part-time employees are not eligible for leaves of absence under this Article. Section 15.2 - Purpose Such leaves are intended to be granted only for temporary disability, health, parental, education, military service or extenuating and extraordinary personal reasons. Section 15.3 - No Benefit Accruals Other than retaining the original date of hire, and except as otherwise provided by law, no benefits, including sick and vacation leave accrual, will accumulate during unpaid leaves of absence. Section 15.4 - Insurance Benefits Other than leave under the Family Medical Leave Act ("FMLA") or as otherwise provided by law, if a leave of absence is granted, an employee's insurance benefits will be continued only if the employee remits to the County the total premium amount monthly that represents both the employee's and the County's share for insurance. The employee will be advised of the amount and date premiums are due. Insurance premiums for continuation of employee and dependent coverage for employees on leave will be paid by the employee and County consistent with County Policy, Section 15.5 - Return from Leave 43 Agenda Item No. 16F3 October 24, 2006 Page 51 of 119 When the term of the leave of absence expires, the employee shall be reinstated to his/her original position when the vacancy for that position becomes available, if the employee complies with and meets all current requirements for the position. This may include practical and written testing as required by the County at its discretion and any other credentials or licenses, which may be required. Reinstatement following leave under the FMLA will be in accordance with the law, and the County retains the right to require returning employees to take any medical or other tests permitted by the FMLA. Employees returning from FMLA leave must meet the certification and license requirements and the testing required by the Emergency Medical ServicelFire Medical Director. Section 15.6 - Familv Medical Leave Act ("FMLA") Leave Employees will be eligible for leave without pay under the FMLA as provided in that Act and regulations adopted there under. A notice advising employees of leave availability under the FMLA will be posted with other official County postings. Employees using leave under the FMLA for his/her own serious health condition must first exhaust available sick leave prior to going on leave without pay, unless the absence is covered by the County's disability or worker's compensation insurance. Employees taking leave following the birth or adoption of a child beyond that which the employee's doctor considers medically necessary must use accrued vacation leave prior to going on leave without pay. Employees using leave under the FMLA to care for a child, spouse or parent as required by the Act must use all accrued vacation leave prior to taking leave without pay. Ifthe FMLA is used concurrently, the employee will have the right to exhaust all other leave prior to the County considering termination. Section 15.7 - Compensation Durin!.! Job-Related Iniurv 44 Agenda Item No, 16F3 October 24, 2006 Page 52 of 119 Any employee with a jo b-related injury or illness will be eligible for workers' compensation based on applicable state law. The employee's workers compensation payments may be supplemented as provided by County policy. Section 15.8 - Temporary Assi2'nment/Off Duty Iniury or Illness An employee temporarily disabled as a result of any injury or illness that is released by the treating physician for restricted duty may be 0 ffered restricted duty by the County consistent with the physician's limitations. If offered, the employee must accept the restricted duty as a condition of continued employment. The County will determine the restricted duty to be offered and the length of the restricted duty assignment, which will not exceed the time when the employee reaches maximum medical improvement. Employees on temporary assignment will be paid their regular pre-injury straight time hourly rate for all hours worked, and may use sick leave and then vacation leave to supplement so that the employee receives their regular, pre-injury/illness pay. Section 15.9 - Referral To County Phvsician The County reserves the right to seek, at the County's expense, an independent medical opinion to the maximum extent permitted by the workers' compensation law, Family Medical Leave Act or Americans with Disabilities Act, as applicable. Section 15.10 - Administrative Leave The County reserves the right, at its sole discretion, to grant Administrative Leave with pay to allow employees to serve and train for such things as job-related Search and Rescue Teams, Disaster Response Teams; or in other situations as the County deems appropriate. Ifpaid, the leave will be counted as time worked for overtime purposes, 45 Agenda Item No, 16F3 October 24, 2006 Page 53 of 119 Section 15.11 - County Policy The County Administrative Procedures regarding leaves of absence will not apply to employees covered by this Agreement, except as specifically provided in this Article, 46 Agenda Item No, 16F3 October 24, 2006 Page 54 of 119 ARTICLE 16 BEREA VEMENT/JURY DUTYIWITNESS DUTY Section 16.1- Bereavement A regular full-time employee may be granted, upon request, up to twenty-four (24) hours of bereavement leave with pay, due to the death in his/her immediate family. "Immediate family" shall mean father, mother, brother, sister, wife, husband, son, daughter, father-in-law, mother-in-law, stepfather, stepmother, stepson, stepdaughter, grandfather, grandmother, grandchildren, foster child, brother-in-law, sister-in-law, aunt, uncle, niece or nephew or other close relatives living with the employee. Leave in excess of the leave under this Section may be granted and, if granted, will be charged to the employee's accrued vacation leave or compensatory leave. If accrued vacation leave, or compensatory leave is not available, additional leave granted will be without pay. Employees with no available vacation or compensatory leave may also request leave through the sick leave bank process. In the event of an emergency illness of any of the above family members, the employee may take seventy-two (72) hours of emergency leave for serious illness or injury from their vacation leave with the approval of the Director or designee. The County reserves the right to require proof ofrelationship for use of bereavement leave, Section 16.2 - Jurv Dutv When a regular employee is required to serve on jury duty, the employee shall be relieved of responsibility for his or her regular work shift and the County shall pay the employee the amount that would have been received at the employee's regular straight-time rate of pay had the employee worked the employee's regular work shift. All employees who are required to serve on jury duty 47 Agenda Item No, 16F3 October 24, 2006 Page 55 of 119 shall report to their supervisor that they have been subpoenaed for jury duty within twenty- four (24) hours of receiving notice, when possible, but in no event later than the beginning ofthe next work shift. When an employee is released or is excused from jury duty for the remainder of a workday or permanently, the employee shall, as soon as possible, notify his or her supervisor of availability for work. Payments received by the employee for jury duty, except for meals, travel and lodging expenses, shall be endorsed to the County. Section 16.3 - Witness Dutv Any employee who, upon the request by and for the benefit ofthe County, is subpoenaed to any court proceeding involving the County, or is subpoenaed to appear in court in a civil or criminal matter in which the employee is not personally or monetarily interested, or is subpoenaed to appear for deposition in any matter related to their job duties with the County, shall be paid one and one- half (I 1/2) times his or her rate of pay for each hour spent off-duty in serving as a witness in trial or deposition. Payments received by the employee for witness duty, except for meals, travel and lodging expenses, shall be endorsed to the County. Court proceedings mean an appearance in court; it does not include any other appearance before any other tribunal, except for appearances on behalf ofthe County which arise out of the performance of duties as a Collier County EMS/Fire employee. An employee who appears in Court as a plaintiff, defendant or witness due to personal litigation will use accrued vacation leave or, if not available, will be on leave without pay. Section 16.4 - Time Worked Paid court appearance leaves and depositions under this Article will be considered time worked for overtime purposes. Section 16.5 - County Policy 48 Agenda Item No. 16F3 October 24, 2006 Page 56 of 119 The County Administrative Procedures regarding Bereavement, Jury Duty, Witness Duty and Court Leave will not apply to employees covered by this Agreement. 49 Agenda Item No, 16F3 October 24, 2006 Page 57 of 119 ARTICLE 17 MILITARY LEAVE Section 17.1- Reserve and National Guard Trainine A regular full-time employee who is a member ofthe United States Armed Forces, Reserves or the National Guard, and who is ordered to engage in annual field training shall, upon presentation of a copy ofthe official orders, be granted leave with pay to the extent required by law. Such leave with pay shall not exceed seventeen (17) working days in any calendar year. An employee may not use any accrued vacation or personal leave while receiving paid military leave. Exceptions to the above may be approved by the County Manager. Section 17.2 - Recall to Active Militarv Duty Any regular full-time employee, who is a member of an Armed Forces Reserve Unit or the National Guard, who is ordered to active duty, will be granted a military leave of absence with pay for the first thirty (30) working days. Beyond the thirty (30) day period, the County will supplement the military pay in an amount necessary to bring the total salary, inclusive of the base military pay, to the level earned at the time the employee was called to active duty, for the period provided by County Policy. The County will continue to maintain the employee in full benefits status for the time frame specified above. Section 17.3 - Induction or Enlistment into Militarv Service Any regular full-time employee, who enlists or is inducted into the armed services for active duty, shall be granted a military leave of absence without pay for the initial period of enlistment. All 50 Agenda Item No. 16F3 October 24, 2006 Page 58 of 11 9 pay due the employee shall be paid at the time of the employee's separation from the County in accordance with applicable County policies. Section 17.4 - Reinstatement Upon discharge from active military service, an employee who wishes to return to County employment shall be reinstated in accordance with applicable law. 51 Agenda Item No, 16F3 October 24, 2006 Page 59 of 119 ARTICLE 18 SHIFT EXCHANGE Section 18.1- Rules Governinl! Shift Exchanl!es The trading of time between regular full-time employees will be permitted in accordance with the following provisions: A. All exchanges will be as follows: · EMT or Non-Credentialed Paramedic for EMT or Non-Credentialed Paramedic · Credentialed Paramedic for Credentialed Paramedic · Pilot for Pilot . Employees assigned to a specialized position must exchange with an employee with the corresponding specialty. Exceptions may be allowed if the employee is not scheduled to be serving in the specialized role. . Employees who are promoted/demoted/reassigned outside of the above classifications, must complete scheduled shift exchanges within 60 days with any employee who is not within their new classification. B. Shift exchanges will be repaid within one (1) year of the original exchange. C. Employees will be responsible for all record keeping of exchanges as permitted by the Fair Labor Standards Act. D. Shift exchanges for employees reporting late for work will not be permitted, E. No overtime will be paid to cover station transfers involved with shift exchanges. F, Shift exchanges will be submitted 72 hours in advance utilizing the County's submittal process. 52 Agenda Item No, 16F3 October 24,2006 Page 60 of 119 Section 18.2 - Allowances A. Employees in all these classifications may exchange up to five (5) times per month. B. Only up to seven (7) employees may be off on shift exchange per shift. C. The County may reduce, adjust or remove shift exchange privileges for employees who are training, on probation or as a method of discipline, for just cause. D. At the EMS/Fire Chief's discretion, the number of shift swaps permitted in sections A and B, may be increased. E. Properly submitted shift swaps entered into on or before August 17, 2006 will be permitted notwithstanding they may exceed the maximum number allowed herein. Section 18.3 - No Substitution Absent a personal illness, which requires the employee to be absent, an employee scheduled to work an exchange is not eligible for any type ofleave in lieu of the exchange, Employees failing to work an approved shift exchange due to an illness (Per Article 13), or any other situation, excluding bereavement (Per Article 16,1), will be charged one and a half (1,5) hours of vacation leave for each hour the employee failed to work and may be subject to additional discipline. Section 18.4 - Monetary Loss The County will not be responsible for any monetary loss incurred by any employee due to the failure of an employee to pay back shift exchange time for any reason. If an employee quits or is terminated and owes a shift exchange(s), the employee regularly scheduled to work will work, or arrange for another shift exchange. 53 Agenda Item No. 16F3 October 24, 2006 Page 61 of119 ARTICLE 19 HOLIDAYS Section 19.1 - Holiday Pay Regular full-time employees assigned to a 12-hour or 24-hour schedule will receive 12 hours of straight time pay for each of the following holidays: · New Years Day · Dr. Martin Luther King's Birthday · President's Day · Memorial Day · Independence Day · Labor Day · Veteran's Day · Thanksgiving Day · Day after Thanksgiving · Christmas Eve · Christmas Day In addition to the days listed above, bargaining unit employees shall also be granted appropriate pay for any other day declared a holiday by the County Commission. Ifless than a full day is granted as a holiday, the bargaining unit shall receive a pro-rata amount as holiday pay, Section 19.2 - Receipt of Pay The holiday pay will be included with the normal paycheck for the period which included the holiday, Section 19.3 - Holidays/40 Hour Week Employees working a 40-hour work week who are scheduled to work one of the designated holidays above shall be granted the day off with pay. The County reserves the right to schedule employees working 40-hour work weeks to work on a designated holiday. Forty hour employees 54 Agenda Item No. 16F3 October 24, 2006 Page 62 of 119 who are required to work on a designated holiday shall be paid eight hours holiday pay, plus time and one-half (1 :12) their current hourly rate for all hours worked. Holidays will be celebrated on the date designated as the holiday by the County Commission. 55 C")CDC> 1J.....P ..- ,..- ~O -4'C") ZNc.o EWQ) Q)..Cl OJ .....oco -......a.. 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"'Cl ::l 0) e ~'.E ~ Q) ~ c...9 8 ~ 8 @: '€ ~ 0 U ~ , ~ ~ ~ ~ ~..c: ~,; .(1) ~~o..> ~ e (g ~':g 0 c O'p 0) 0.. ~ E 55 [1 V) ~.s ~ -5 ~ 0 ~ ~ ~ ,~ 1:S'~ 1:: >. ~ .~ ~ cd 'c;,; ~ U llJ ~ Ou~~ ~ o..C,,"O) 0 ,5 E ~ ~ 3 5CiO)~ .2 t.+:I t 0.; 1'""'"'-1 "'C~;j..s ..- ~ ~ ~ '""0 ~ oO;cc c ~ co'" 0 ,8 ~ E.s ~ ~ 15..~.t '~ ~"'Q~~ ~ %;2~ ~ ~ ~ '" -- '~ ii:.i 1) "'Cl '5 "'0 cEJ5~h~ ~~]~~~ ~ "'Cl.;:: '" ~ l:5 u .B ~ ~.~ E ~ '0 8:~ ,~ ~ ~ .u ~.5 c ro ~ ~.~ 5':::!] g ~ - '"'" C' ~ ~ Q) 1: ~ ,::I O"'.r;j .~ ~._] ~ ~ 5~25~] uO)O)OJ~;>' .s~-Bzo.."" <<iC:.81!~~ ~~~1j.s~ OJ) U 0) C 4:: 2 0).::; ~ .8 0 o..13~::t'""O ;:;:;''01:::.a~2 ~ c B ~ ~ [ ~oO)-1)t=: ..a .~ 3_ B v (5 -- ~ bfJ-:::J ~ U ......0 ~ ~ ~'" ..... "'0 :.a0)~~~ EO)1::O)cro~ :::I8.z ~c..9=~: ~ f-< ::l 0 _ ._ ':;( ~ ~ 0 C .... ~ o:l .~ C B 0; B 0.. E Be/) "'..c:-snQ) ~~O~Ult+::-:S .8 ~ 1:'S ~ .~ t: "'0 i:l..~~ 1i:c~...><: B~~~ouo :~ .~ "'Cl .... i:l..:.a ~ -:: O).S >-. E >. .~ .~ ~ ~ ; e-5 ~ cOO).E ro .9 9 E-c ~ ~ c c; ~ ~ 'u ~ ~ 0,) 0.. 8.,-,-, ~ 0...1.;: ~ :g :g ~ ~ :g ca So '""" ~ G.J c<:l \-l :::s en ~d38~8.0'~ VI . >. .... '" ro ~~ ~Vl ~1A ,- oj ,~ a:l .... ...... ro Q) 0..> ~j ~ 5 o ,_ ~.~ S~ \0 . . 'll ... '- ~ ~ ... .:; . . . Agenda Item No, 16F3 October 24,2006 Page 64 of 119 ARTICLE 21 BENEFIT OPTION PLAN Section 21.1 - Covera2e All bargaining unit employees shall be eligible to participate in the Collier County Group Benefit Option Plan subject to the terms and conditions of the Plan as adopted by the Board of County Commissioners and as may be amended by the Board of County Commissioners from time to time, Employees shall also be subject to the same premium levels and payroll contribution requirements as may be adopted by the Board of County Commissioners for non-represented, non- exempt employees. The parties agree that, if there is any change in benefits, premium levels, or payroll contribution requirements, those changes will be applicable to bargaining unit employees to the extent they are applicable to other non-exempt employees of the County, The County agrees to bargain over the impact of any changes prior to implementation. Section 21.2 - Summary Attached A summary ofthe Benefits Option Plan will be given to each employee when hired; when the plan changes; and upon request. Section 21.3 - Formula for Benefits Employees' benefits for health insurance, short and long term disability, and life insurance will be based upon the formula of hourly rate X 3328 hours, 57 Agenda Item No, 16F3 October 24, 2006 Page 65 of 119 Section 21.4 - Pre- Tax Deduction Employees shall continue to be permitted to participate in the current County IRS 125 plan that allows certain insurance and benefit costs paid by the employee to be taken out and paid "pre-tax." Section 21.5 - Federal Disability Benefit In the event an employee should receive an on-duty injury/illness which qualifies them for Federal disability benefits, or die in the line of duty, the County agrees to work closely with the employee's family and the Union in an effort to secure any and all benefits available under the Department of Justice Public Safety Officer Death/Disability Benefit. 58 Agenda Item No, 16F3 October 24, 2006 Page 66 of 119 ARTICLE 22 RETIREMENT PLAN Section 22.1 - Elh!'ibilitv During the term of this Agreement, eligible employees shall continue to participate in the Florida Retirement System, Section 22.2 - Contributions The County will contribute as required by the provisions of the Plan on behalf of full-time and part-time employees. Section 22.3 - Other Deferred Plans The County agrees to continue to provide employees an option to participate in the National Association of Counties ("NACO") or the International City and County Management Association ("ICMA") Deferred Compensation plans as currently offered. If either or both are stopped or modified for all other County employees, the same change will affect the bargaining unit. If an additional plan is offered to all other County employees, it will also be offered to the bargaining unit. Employees participating in these programs or other deferred compensation plans shall have access to held funds under the rules and guidelines established by the Plan Administrator and the Internal Revenue Service. Both the County and the employee will be bound by the decision of the Plan Administrator. 59 Agenda Item No, 16F3 October 24, 2006 Page 67 of 119 ARTICLE 23 TUITION REIMBURSEMENT Section 23.1 - Tuition Policy The County will continue the current tuition reimbursement guideline as outlined in the County's Human Resources Handbook. Section 23.2 - Minimum Standards Trainine Full-time employees who enroll in and are accepted to attend Minimum Standards Fire Training shall have all costs associated with tuition, registration, books and fees paid by the County. In return, the employee agrees to work as a Firefighter once they become State certified. In the event the employee voluntarily leaves their employment with Collier County within twenty four (24) months of course completion, or fails to become certified as a Firefighter following the minimum standards training, the employee shall reimburse the County all of the above costs. Said reimbursement shall be made in twenty-five percent (25%) increments taken through payroll deduction from the next four (4) pay periods or from the employee's final paycheck. Section 23.3 - Tuition Reimbursement/Current EMTs Current EMT's shall have all costs associated with tuition, registration, books and fees for the Paramedic Program and required prerequisites paid by the County. In return the employee agrees to work as a Paramedic once they become State Certified. In the event the employee voluntarily leaves their employment with Collier County within twenty-four (24) months ofcourse completion, or fails to become State Certified, the employee shall reimburse the County all ofthe above costs. The reimbursement will be taken in allowable deductions from the next four pay 60 Agenda Item No, 16F3 October 24,2006 Page 68 of 119 periods or from the employee's final paycheck. Section 23.4 - Specialized Trainin2 If the County has paid for training necessary for any employee to qualify for an incentive or specialty Program, the employee may not reject or withdraw from the assignment. If the employee leaves the County voluntarily within twenty- four (24) months ofthe date the training was completed, the employee will be required to reimburse all associated costs of the training to the County. The reimbursement will be taken in allowable deductions from the next four (4) pay periods or from the employee's final paycheck. Section 23.5 - Request to Withdraw From Specialty An employee may request to temporarily or permanently withdraw from a specialty position subject to the EMS/Fire Chiefs discretion, which will not be arbitrarily refused, subject to operational needs at that time. ARTICLE 24 61 Agenda Item No. 16F3 October 24,2006 Page 69 of 119 OUTSIDE ACTIVITIES Section 24.1 - Conduct Employees shall at all times bear in mind that they are seen by the general public, while off duty as well as on duty, as personnel of the County and shall at all times conduct themselves in a manner so as to bring no discredit or unfavorable publicity to the County. Section 24.2 - Outside Employment An employee accepting employment with any other employer while employed by the County shall do so only so long as the employment is not a conflict of interest. If an employee has outside employment, the employee's primary obligation shall continue to be to the County and he/she shall arrange affairs accordingly. Before accepting outside employment of any kind, the employee must give a written notification to the Emergency Medical Services/Fire Chief, advising the Chief of the name, address and telephone number of the outside employer, and the nature of work performed. Outside employment must not prevent the employee from being mentally and physically able to work when the employee reports for duty with the County. 62 Agenda Item No. 16F3 October 24, 2006 Page 70 of 119 ARTICLE 25 BULLETIN BOARD SPACE The Union may provide a bulletin board at its expense not to exceed 2 ft. by 3 ft. Postings on the Union bulletin board will be restricted to: 1. Notices of Union meetings; 2. Notices of Union elections and results of elections; 3. Notices of Union recreational and social affairs; and 4. Notices of Union appointments and other official Union business. 5. Such bulletin boards shall not be utilized by Collier County for posting of any material. All notices shall be signed by the Union member prior to posting. No materials, notices or announcements shall be posted which contain anything of a controversial, political or offensive nature and which adversely reflects upon Collier County or Collier County Emergency MedicallFire Services, the elected officials of Collier County or any Collier County employees. 63 Agenda Item No. 16F3 October 24, 2006 Page 71 of 119 ARTICLE 26 UNION BUSINESS AND UNION TIME BANK Section 26.1 - Establishment The County agrees to establish a Union Time Bank upon the ratification of this Agreement. Union members agree to contribute four (4) hours of accrued vacation leave time to the Union Time Bank on the first pay period in January. Section 26.2 - Use for Union Business The District 14 Vice President and/or his/her designees, may use hours from the Union Time Bank to attend regular monthly Union meetings, negotiation sessions, conventions and for other required Union business. If granted, leave shall be taken on an hour-for-hour basis. Leave will be allowed for up to two (2) employees when requested at least seventy-two (72) hours in advance in writing to the appropriate EMSlFire Division Chief, with the Union responsible for filling those positions. Union Bank time, when utilized, shall be counted as productive hours for the purpose of overtime calculation. A request for leave of additional employees shall only be allowed when requested at least fourteen (14) days in advance in writing to the appropriate EMS/Fire Division Chief. All Union leave is subj ect to the limit of the number of slots available under Article 14. Section 26.3- Use to Attend Committees Any District 14 member elected as a delegate or alternate to attend a convention shall also be permitted to use hours from the Union Time Bank to attend those conventions. The leave shall be taken on an hour-for-hour basis and shall be granted when requested two (2) weeks in advance, exceptions may be made on a case-by-case basis. 64 Agenda Item No. 16F3 October 24, 2006 Page 72 of 119 Section 26.4 - No Use After Bank Exhausted Leaves as listed above shall be granted from the Union Time Bank so long as hours remain in the Bank each calendar year. Once hours in the Bank are exhausted to zero, no leave shall be granted from the Union Time Bank until contributions are made to the Bank next January. It shall be the responsibility of the District 14 Vice-President to maintain a Union Time Bank log. Section 26.5 - Swap Time Ifno time remains in the Union Time Bank, the District 14 Vice President shall be allowed unlimited swap time for District 14 Union business directly related to Collier County. The County reserves the right to verify the Union business. The employee must attend all on-duty training, and must otherwise comply with all requirements of Article 18. Section 26.6 - Meetin2 Room The members of Local 1826, District 14, Collier County EMS/Fire, shall be granted space within the Collier County Government Complex or on other County-owned property to conduct membership meetings, to the same extent those rooms are made available for other not-for-profit organizations. The Union will contact the Department responsible for the requested room to make arrangements for its use. There will be no Union meetings in EMS/Fire work areas. Section 26.7- Orientation Presentation The Union shall be provided one (1) hour of time after one of the normally scheduled days at the Training Academy. This orientation will be after hours and on the employee's own time. 65 Agenda Item No. 16F3 October 24, 2006 Page 73 of 119 ARTICLE 27 UNIFORMS AND EQUIPMENT Section 27.1 - Items Supplied bv County The County shall furnish all new full-time and part-time employees in job classifications Emergency Medical Technician, Paramedic, EMS Lieutenant, Paramedic-Firefighter, and Lieutenant Firefighter uniforms as set forth below: · Four (4) pair uniform pants · Two (2) uniform shirts · Two (2) Polo style uniform shirts (may be ordered if employee is not over their uniform allowance) · One (1) winter jacket · One (1) pair boots · One (1) leather Velcro style no buckle belt · One (1) badge · One (1) Name Tag/Collar Brass · Two (2) Jumpsuitsl (see below) · Six (6) t-shirts2 (see below) · One (1) accountability name tag system · Four (4) pair uniform shorts2 (see below) · NFP A-approved PPE as required . Employee shall be supplied ink pens for use in completing necessary paperwork Section 27.2 - Use Requirement Employees are required to use all issued equipment, uniforms and boots as defined by SOP or general order and report to work in a clean and neat appearance. Employees must also report to work with a watch that contains a second counter. 1 Four (4) appropriate flight jumpsuits and one (1) flight helmet for employees assigned to Helicopter Operations. Pilots will be issued lightweight shoes/boots in lieu of the NFP A Safety Boots listed above, or may be given a shoe allowance to purchase Risk Management-approved black shoes. Pilots will also be provided with t-shirts, shorts and a winter jacket. 2 Eight (8) t-shirts total and four (4) pairs of uniform shorts for employees assigned to the ALS Engine Program. 66 Agenda Item No. 16F3 October 24,2006 Page 74 of 119 Personnel pagers and cell phones, if worn or carried while on duty, must be operated in the silent/vibrate mode and under no circumstances shall the phones be answered while on a call or utilized on a call unless the use has to do with patient care. Employees may not use their cell phones while driving a County vehicle. Other than going to and from work, uniforms cannot be worn off duty. Section 27.3 - Replacement The employees in the above classification(s) shall be provided regular replacement of uniforms as needed. Employees requesting equipment replacement may be required to exchange their old equipment in order to get it replaced. Employees may be required to pay for lost uniforms. Employees may also be required to payor suffer discipline if equipment they are assigned is lost or damaged through intentional misuse, neglect, or abuse. Employees in need of maternity uniforms shall be supplied two uniforms as needed at no cost. Jumpsuits and personal protective equipment will be supplied if it is available in supply. Section 27.4 - Additional Uniforms A. Employees shall always be permitted to purchase additional approved uniforms as outlined in this Article from a supplier selected by the County, if the employee requires or desires uniforms in excess of those provided in this Article. B. The County will approve a lightweight j acket and cap. Employees may purchase the jacket and/or cap at their option and cost. 67 Agenda Item No. 16F3 October 24, 2006 Page 75 of 119 Section 27.5 - Cold Weather In extremely cold weather, employees shall be permitted to supplement their uniforms with long underwear bottoms, long sleeved shirts, turtle neck shirts, and sweat shirts. All items will be in navy blue, powder blue, grey, or white. Section 27.6 - Jewelrv Jewelry shall be permitted provided that visible items are in good taste and do not interfere with the employee's ability to provide patient care and does not create a safety hazard. Employees will be allowed to wear a necklace provided that it is tucked into their shirt. No visible piercing shall be permitted. Section 27.7 - Groomin2: Employees will maintain their hair in a clean and groomed condition. Employees who choose to have long hair shall keep it pulled back when responding to a call or when involved in patient care so as to prevent it from falling into an employee's face/eyes. Sideburns are permitted, not to exceed middle of ear length. Employees will be clean-shaven on duty. A mustache that does not come between the sealing surface ofthe face piece of the respirator and the face is permissible. Employees will keep their nails neat and well groomed to a length that will not interfere with their ability to safely perform their job. Nail polish may be worn, with the exception of black. Section 27.8 - Standard Operatin2: Procedures and Protocols The County agrees to issue each employee, a current copy of the following documents: · Collier County Public Safety/EMS Standard Operation Procedure Manual; and · Medical Support Protocol (for personnel in the roles ofEMT's, Paramedics, Firefighters and Company Officers). 68 Agenda Item No. 16F3 October 24, 2006 Page 76 of 119 · The complete copy ofthe most recent collective bargaining agreement will be provided on the Intra-web. Section 27.9 - Bio Hazard Protocol Employees turning in uniforms for cleaning or disposal in accordance with the County Bio Hazard Protocol shall have the uniform replaced or returned within a reasonable time frame. If uniforms are being cleaned the employee can get a loaner uniform from supply. Section 27.10 - Additional Equipment/Certified Firefi2hters All employees certified as Firefighters and assigned to the ALS Engine Program shall receive the following protective equipment in addition to other uniforms and equipment outlined earlier in this Article. 1. One (1) properly sized individual issue SCBA face piece with prescription eyeglass insert and lenses, if required. 2. One (1) SCBA (not individual issue but shall be provided only when the employee is assigned to fire fighting duties). 3. Any other equipment regularly assigned to Firefighters assigned to suppression operations in the Fire Department where the EMS employee is assigned (i.e., rescue webbing, safety goggles, spanner wrenches, etc.). Section 27.11 - Clothin2 in Quarters Between dusk and 8:30 a.m., employees in quarters awaiting call shall be permitted to wear County issue uniform shorts, County issue uniform t-shirts and casual footwear at a minimum. In addition, when employees are working out or washing or waxing or cleaning the vehicle, uniform shorts and t-shirts are permitted but the employee must be in dress uniform when responding to a 69 Agenda Item No. 16F3 October 24, 2006 Page 77 of 119 call. When responding to a call between 5:30 p.m. and 8:30 a.m., employees will be in their jumpsuit or bunker jacket and pants. Employees may also wear their jumpsuit when their second day uniform has been contaminated. 70 Agenda Item No. 16F3 October 24, 2006 Page 78 of 119 ARTICLE 28 MISCELLANEOUS Section 28.1 - Parkin2: The County will continue the current practice of providing parking within defined parking spaces. It may be necessary to move cars after the beginning of the shift. No parking of private vehicles in station bays will be allowed. No maintenance, of personal vehicles shall occur on County property, regardless of whether or not an employee is on or off duty. Section 28.2 - Work Duties Unless assigned duties, employees may rest, sleep, watch TV, etc., between the hours of 1200hrs and 0700 hrs. During the hours of 0830 and noon, employees should perform assigned vehicle/station duties, zone familiarization, study medical! operational protocols, or community events. Radios will be monitored between 0700hrs and 2130hrs. Section 28.3 - Computers EMS/Fire County computers will only be used for County business. Personal computers may not use County phone lines. Section 28.4 - TVNideo Plavback Device Between 0700hrs and l200hrs the EMS/Fire provided or personal television and Video Playback Device may only be used for work-related purposes or to watch news channels. Between l200hrs and 0700hrs the EMS/Fire provided or personal television and Video Playback Device may be used for non-work related purposes, subject to assignment of work duties under Section 28.2 and 71 Agenda Item No. 16F3 October 24, 2006 Page 79 of 119 emergency response. Section 28.6 - Station Visits Family members and friends are only permitted to visit employees at their duty stations between 1200hrs and 2000hrs, for a maximum oftwo (2) hours. Family members and friends are not allowed to remain at the stations when the EMS/Fire employee is not at the station. Section 28.7 - Use of Telephone Except as hereinafter provided, EMS/Fire telephone lines are for business use only: A. Absent unusual circumstances, such as an illness in the family, calls will be limited to three (3) per shift, limited to fifteen (15) minutes per call. B. Long distance telephone calls (long distance calls preceded by a "1" except for 1-800 or 1-866 toll free type numbers) may not be charged to the County. Violations of this Article that result in a charge to the County may result in disciplinary action. Section 28.8 - Other No pornographic material may be possessed or viewed on County property. Section 28.9 - Electronic Media Nothing in this Agreement will prohibit the County from eliminating paperwork and using electronic media. 72 Agenda Item No. 16F3 October 24,2006 Page 80 of 119 ARTICLE 29 HEAL TH AND SAFETY Section 29.1 - Health/Safetv Cooperation The County agrees to provide reasonable standards of safety and health in the Emergency Medical ServiceslFire Department in order to eliminate accidents, deaths, injuries and illnesses in the Department. Health and safety is ajoint responsibility; therefore, employees must follow all safety standards and utilize all safety equipment provided. Section 29.2 - Presumptions Employees who suffer any condition or impairment of health caused by any ofthe following conditions shall be presumed to have been by accidental means and to have been suffered in the line of duty, unless the contrary can be shown by satisfactory evidence by the County: · Hepatitis A · Hepatitis B · Hepatitis Non-A · Hepatitis Non-B · Any other strain of Hepatitis generally recognized by the medical community · Pulmonary Tuberculosis · Meningococcal Meningitis Section 29.3 - Emplovee Assistance Pro2ram The County will provide an Employee Assistance Program with coverage consistent with the program provided for other County employees. All information relative to an employee's participation will only be recorded in a confidential file, with access limited as required by law. 73 Agenda Item No. 16F3 October 24,2006 Page 81 of 119 Section 29.4 - Debriefin2 The County shall schedule defusing sessions and post-incident debriefing sessions with the County CISD team when requested by the employee involved in a significant on-duty medical- related incident. Units involved shall, when practical, be placed out of service until a replacement crew can be assigned or until such time as the crew is debriefed and cleared for duty. If released from duty for the remainder of the shift, the employee shall be compensated and the time will be charged to sick leave or paid Administrative leave. Section 29.5 - Tobacco Products Tobacco products (pipes, cigars, cigarettes, chewing tobacco, etc.) cannot be used in stations or in County vehicles while on or off duty. Use of tobacco products outside the station should not create litter. Any new employee will execute the "Non-Use of Tobacco Products Agreement" and will abstain from the use of all tobacco products while on and off duty. Section 29.6 - Physicals Physicals shall be offered on an annual basis to all bargaining unit employees. The Workplace Safety Committee shall make recommendations as to the requirements of those employee physicals. Section 29.7 - Safety Committee A. A Workplace Safety Committee shall be maintained to address issues of health and safety. The Committee will be organized as set forth in the Florida Administrative Code. B. The County will make reasonable efforts to provide and maintain safe working conditions in 74 Agenda Item No. 16F3 October 24,2006 Page 82 of 119 accordance with all applicable sections ofthe Florida Administrative Code. To this end, the Union will cooperate and encourage the employees to work in a safe manner and to utilize all personal safety equipment provided. C. Any recommendation or suggestion of the Workplace Safety Committee shall be presented to the Chief in writing for consideration. The Chief shall respond to the Committee in writing within fourteen (14) days of the receipt of the Committee's suggestion or recommendation. 75 Agenda Item No. 16F3 October 24,2006 Page 83 of 119 ARTICLE 30 ALCOHOL AND DRUG TESTING Section 30.1 - Policy The County prohibits the use, possession, transfer, sale and receipt of illegal drugs and narcotics at all times, whether on or off duty. The County prohibits the abuse of alcohol at all times, whether on or off duty. In addition, the County prohibits the use or possession of alcohol, or reporting to work under or being under the influence of alcohol while on duty. Section 30.2 - Reasonable Suspicion Testin2 In the event a member of management has a reasonable suspicion to believe that an employee is under the influence of drugs or alcohol on duty, he/she may require that the employee submit to an industry-accepted breathalyzer test, blood test, urinalysis and/or other appropriate testing. Reasonable suspicion may be based upon a variety of factors, including but not limited to accident, absenteeism, injury, conduct, performance, physical signs such as impaired reactions or judgment, slurred or exaggerated speech or lack of balance, as well as the smell or presence of alcohol or a controlled substance, or reports by other employees. Should the employee test positive to alcohol or drugs, the County will utilize a confirmatory process before taking further action. Such confIrmatory process will utilize industry-accepted testing procedures. Section 30.3 - Refusal to Test In the event an appropriate management official as defmed in Section 30.2 above requests that an employee submit to a breath, blood, urine and/or other tests, and the employee refuses to submit to such test or tests, such refusal may result in disciplinary action, up to and including 76 Agenda Item No. 16F3 October 24, 2006 Page 84 of 119 discharge. Section 30.4 - Search of Property In order to promote safety, health and security concerns, the Emergency Medical Services/Fire Chief and/or designee may search lockers, vehicles and other County-owned or supplied areas. The Chief and/or his designee reserves the right, based on reasonable suspicion, to search employee-owned vehicles, handbags, lunch boxes, and other containers or personal effects, including outer clothing. At no time will any employee's clothing be searched by or in the presence ofa member of the opposite sex. All such searches shall be undertaken in the presence ofa security officer employed by or under contract with the County. An employee's refusal to cooperate with or submit to a search may result in disciplinary action up to and including discharge. Section 30.5 - Prescription Dru2s All employees who must use a prescription drug that causes adverse side effects (drowsiness or impaired reflexes or reaction time) shall inform their supervisor in writing that they are taking such medication on the advice of a physician. It is the employee's responsibility to also inform his/her supervisor of the possible side effects of the drug on performance and expected duration of use. The prescribing physician must provide a statement that the employee can perform all of the employee's normal job functions, which will be provided to the employee's supervisor prior to starting work. Section 30.6 - Cost of Dru2/Alcohol Testin2 The cost of drug and alcohol screening tests required by the County will be paid by the County. Section 30.7 - Discipline 77 Agenda Item No. 16F3 October 24, 2006 Page 85 of 119 The County retains the right to discipline, up to and including discharge, any employee who uses, possesses, dispenses, sells or buys illegal drugs or narcotics, whether on or off duty, or who uses or possesses alcohol while on duty, or who reports to work under or is under the influence of illegal drugs or alcohol. Employees are also prohibited from reporting to work with the smell of alcohol on their breath. The existence of an Employee Assistance Program does not affect the right of the County to impose discipline, up to and including termination, for violating this Article. Section 30.8 - Conviction of Dru2/ Alcohol Offense Any employee who is convicted, pleads guilty or nolo contendre (no contest) to any criminal drug statute violation, or of driving under the influence of drugs or alcohol, whether on or off duty, must notify the Director of Human Resources no later than five (5) days after such conviction. Failure to do so will be cause of appropriate disciplinary action, up to and including termination. Once the County receives such information, the County will make the appropriate determination as to what disciplinary or other action, if any, is to be taken. Section 30.9 - Other Testin2 The County reserves the right to initiate any other drug or alcohol testing, including random testing, upon 60-days written notice to the Union and the employees. 78 Agenda Item No. 16F3 October 24, 2006 Page 86 of 119 ARTICLE 31 STATION FACILITIES Section 31.1 - Station Facilities To Be Equipped The County agrees that station facilities will be equipped as outlined in this Article. Section 31.2 - Minimum Equipment supplies: Each ambulance station shall be supplied with the following minimum equipment and . 1 twin bed per on-duty employee 1 recliner per on-duty employee All future EMSlFire sleeping quarters will allow for separate, private sleeping rooms. Air conditioning and heat Microwave oven Coffee Maker Video VHS/DVD player Full-size refrigerators for future facilities or replacement of currently existing units upon expiration Dishes to include plates, drinking glasses, coffee cups, knives, forks and spoons Color television Telephone Physical fitness equipment Kitchen sink Stove Water service Bathroom with shower facilities Assorted cooking pans and utensils Electric service Area for paperwork Gear hag for personal protective equipment Electronic bulletin board (if used, limitations 0.( Article 25 are applicable) One computer per unit with a mouse, keyboard, and one (1) printer per station One (1) locker per employee assigned to that station daily. Lockers shall be of adequate size to accommodate the employee's bedding, uniforms, and personal belongings. . . . . . . . . . . . . . . . . . . . . . . The above equipment and supplies shall be supplied directly by the County in County-owned stations. If the Station is provided or owned by an agency other than the County, the County will 79 Agenda Item No. 16F3 October 24, 2006 Page 87 of 119 make every reasonable effort to allow the employees the free use of the above equipment and supplies. The County and employees shall ensure that the equipment listed in this Section shall be maintained in good working condition. Section 31.3- Leavin2 Equipment at Station Employees may leave their bedding/and or bunker gear at the station they are assigned, with the understanding if those items are stolen it is the employees responsibility to replace those items at the employees cost. Payments will be made over a six (6) month time frame to the County. The County will loan the employee bunker gear if there is bunker gear in supply that will fit the employee. No employee will be prohibited from working until their bunker gear is ready. Employees that choose to leave their bunker gear or other equipment at the Station are responsible for retrieving that equipment if they are moved to another station. Any employee must be notified of the move one (1) hour prior to shift to retrieve their gear. If retrieving their gear causes the employee to be late to their next station then the employee will not be paid for the time they are late. If an employee is not notified one (1) hour prior to shift and they arrive late to their next station there will be no penalty to the employee. 80 Agenda Item No. 16F3 October 24,2006 Page 88 of 119 ARTICLE 32 STAFFING Section 32.1 - Station Location The County retains the right to identify station locations for 24-hour units that are different from those in effect on ratification date of this Agreement. Station location will be based on the County's determination on how to best meet the public's needs, and the County may close or change station locations or open new station locations, as the system's needs change. If a new County- owned station location is established, the County agrees to equip it as outlined in the Station Facilities Article. Section 32.2 - Universal Startin2 Time All bargaining unit employees, excluding pilots, will have a universal starting time commencing at 8:30 a.m. Pilots will have a universal start time at 7:00 a.m. or 7:00 p.m. at the discretion of the Chief Pilot. Section 32.3 - Station Bids Station bids will be submitted between October 1 and October 15 based on Seniority as defined in Section 8.1. Station bids will be based upon date of hire, unless the employee participates in a specialty program; then bids are based upon date of entrance into the program. Bids will come into effect on January 1 st of the following calendar year. Rotations and staffing will be based upon the needs of the County in a fair and equitable manner. 81 Agenda Item No. 16F3 October 24,2006 Page 89 of 119 Section 32.4- Vacancies Employees who desire to move from one Division to another may put a request in writing and, as vacancies occur, those with the request will be considered for the vacancy. A. There will be no husband/wife or live- in crews. B. If possible, accommodations shall be made to keep husbands and wives employed by CCEMS on the same shift upon request. Consideration will also be given to allowing employees whose spouse works for another local agency to work the same shift. In addition, the EMS/FIRE Chief may extend the same shift accommodations to employees who share a close familial relationship. C. Accommodations will be made for employees who can demonstrate, in writing, a need for a specific shift due to childcare issues. Section 32.5 - ALS En2ine Pro2ram Fire Department personnel may be assigned work duties on EMS/FIRE units on a one-to-one exchange with an EMS/FIRE Lieutenant/Firefighter or Paramedic/Firefighter assigned to the Fire Department unit. At no time shall Fire Department personnel be utilized to cover sick or vacation opemngs. Section 32.6 - Station Assi2nments The bid system will be based on seniority and split into two (2) lists: Non-certified and Medical Director certified employees. Each employee will give a list ofthree (3) rotation choices to the District Vice President starting on midnight October 18t to midnight October 15th. The County agrees to post bids bye-mail by December 1 st. If an employee opts not to bid they will be put into a rotation to meet the operational needs ofthe County. Station rotations will be instituted by January 82 Agenda Item No. 16F3 October 24, 2006 Page 90 of 119 1st of each year. 83 Agenda Item No. 16F3 October 24, 2006 Page 91 of 119 ARTICLE 33 SPECIAL EVENTS Section 33.1 - Special Events Employees scheduled to cover Special Events (i.e., football games, concerts, etc.) shall be provided all necessary equipment required to cover the event. Events requiring a dedicated EMS unit will first be staffed with volunteers who will be paid the appropriate straight-time/overtime hourly rate. Ifvolunteers are not available and mandatory overtime is not required, the County may cover the Event with an on-line unit. Employees will cover special events assigned to them. 84 Agenda Item No. 16F3 October 24, 2006 Page 92 of 119 ARTICLE 34 EDUCATIONAL INCENTIVES Section 34.1 - Mandatorv ClasseslIn Service Employees required to attend mandatory classes or mandatory in-service training shall be paid at the appropriate straight-time/overtime rate of pay for each hour they attend class. Section 34.2 - De2ree Incentive Pay Employees meeting and maintaining any of the following educational requirements or certifications shall receive educational incentive pay as reflected in the schedule below. Incentive pay shall be paid by the County from the first day of the pay period following the date the employee provides a copy of the certification/degree to the County. All degrees must come from an accredited educational facility. DEGREE % INCREASE A.S. Degree in: Emergency Medical 2% increase in the employee's Technology, Fire Administration, (for Pilots, a base hourly rate of pay degree in Aviation Management or similar aviation-related degree) Bachelor's Degree in: Public Administration, 4% increase in the employee's Business Administration, Heal th Care base hourly rate of pay Administration, Fire Administration, Emergency Medical Technology, (for Pilots, a degree in Aviation Management or similar aviation-related degree) Master's Degree in: Any of the academic 6% increase in the employee's disciplines listed under the Bachelor's Degree base hourly rate of pay above. Employees may receive educational incentive pay for only one of the degree incentives (Associate's degree, Bachelor's degree or Master's degree) at anyone time. The monies paid under this Article for the degrees listed above are in addition to monies supplied directly by the State for the same degrees. Employees who earned education incentive pay under the criteria set forth in the 85 Agenda Item No. 16F3 October 24, 2006 Page 93 of 119 contract immediately prior to this one, and continue to meet and maintain those educational requirements and certifications, will continue to have that incentive recognized under this agreement. 86 Agenda Item No. 16F3 October 24, 2006 Page 94 of 119 ARTICLE 35 LICENSURE Section 35.1 - Responsibilitv Employees who are required to have current Florida State EMT or Paramedic certification shall, as a part of their job, be solely responsible for keeping the certification current as required by Florida law, with the exception of necessary C.E.U.s required for certification as an EMT or Paramedic. The County agrees to supply employees with copies of all paperwork showing proof of Continuing Education Hours obtained by the employee at In-Service Training classes offered by the County. This paperwork shall be supplied to the employee in such time as to allow the employee to get recertification paperwork to the State of Florida in the time required for recertification. Section 35.2 - Florida Driver's License Employees within the bargaining unit are required, as a condition of continued employment, to maintain a current appropriate Florida Driver's license and must comply with County Policy on Eligibility to Drive County Vehicles (CMA 5805, attached as Appendix B). 87 Agenda Item No. 16F3 October 24, 2006 Page 95 of 119 ARTICLE 36 IN-SERVICE/CONTINUING EDUCATION TRAINING Section 36.1 - CPR! Advanced Cardiac Life Support Re-Certification Classes The County agrees to sponsor and conduct an American Heart Association CPR and Advanced Cardiac Life Support certification and/or re-certification class on-duty at least once every two years at no cost to the employees. Additionally, the County agrees to sponsor and conduct a Pediatric Advanced Life Support certification and/or re-certification class at least once every two years that the employees may attend while off duty. The County agrees to make available to each employee attending the training all necessary textbooks required for all classes. Section 36.2 - In-Service Trainin2 The County agrees to offer in-service training classes at a location within the County. The classes will provide acceptable Continuing Education Units (CEU) for both EMT and Paramedic re- certification. These in-service training classes shall be offered so employees are able to attend while off duty. Employees shall be paid by the County at the appropriate rate for each hour spent attending in-service training classes. Due to the importance of the information contained in these educational opportunities, the Medical Director has set the following requirements: a) During the State of Florida two (2) year Paramedic/EMT re-certification period, all EMS employees must attend all educational opportunities. These classes are mandatory unless excused by the Medical Director or the EMS Chief, in writing. The County agrees to offer each in-service training at least six (6) times in an effort to be sure all EMS/Fire employees may attend. The County agrees to provide 88 Agenda Item No. 16F3 October 24,2006 Page 96 of 119 adequate notice of in-service training. The County agrees that there may be instances, such as, illness, injury, or pre-scheduled time off when the employee may not be able to attend an in-service, in such cases the County agrees to record the training or provide equivalent training for personnel so that they have the number of hours necessary to re-certify. It is understood that there may be instances when the schedule needs to be changed, but accommodations will be made for employees who cannot attend due to the change in the schedule. b) Employees who arrive more than 15 minutes late or leave 15 minutes prior to the completion of the in-service will not receive CEU's or credit of attendance. It will be the employee's responsibility to sign in and out of the class. c) In order to ensure the highest level of attention to the speaker(s) and the Medical Director, children at the in-service are discouraged. Efforts will be made to notify employees as far in advance as possible of upcoming educational to allow time to address childcare issues. If an employee must bring a child to the class, he/she needs to be aware that if the child is being disruptive, the lead coordinator of the class may ask the employee and child to leave, at which time the employee will only receive credit for the time spent at the class. If an employee should be asked to leave, the employee will be able to complete the class at a later time, or participate in other training opportunities to make up the time missed. d) Attire Requirement: Casual dress will be permitted. No offensive dress will be allowed. When dressing for classes, employees should remember that these classes are held in public places and employees are officially representing the department. e) Failure to meet the attendance requirement will result in disciplinary action to be taken, along with having to meet with the Medical Director for a remedial 89 Agenda Item No. 16F3 October 24, 2006 Page 97 of 119 direction. 90 Agenda Item No. 16F3 October 24,2006 Page 98 of 119 ARTICLE 37 OUT-OF-TOWN TRANSFERS AND TRAVEL Section 37.1- Milea2e When authorized by the County to use their personally owned vehicles for official business or approved training, employees shall be compensated at the rate per mile in accordance with Federal regulations. Section 37.2 - Per Diem When traveling outside of Collier County on approved business for the County and not being paid their hourly rate of pay, employees shall be paid a per diem rate per day oftravel/business equal to the amount set by Federal regulations. Section 37.3 - Out-Of- Town Transfers Employees sent on a vehicle for an out-of-town transfer (outside Collier County and Lee County) shall be provided the following: A. Money for tolls (reimbursed upon return when requested using the proper County form). B. Money or credit card for fuel purchases. C. Cellular telephone for emergency communications while outside Collier County. 91 Agenda Item No. 16F3 October 24, 2006 Page 99 of 119 ARTICLE 38 MEDICAL QUALITY ASSURANCE The Union and the County agree that Medical Quality Assurance is of paramount importance in assuring the citizens of Collier County receive the best possible level of Emergency Medical Pre- Hospital Care. The Union and the County also agree that the responsibility for assuring quality medical care rests jointly with the Collier County Medical Director, Collier County EMSlFire Administration, and the employees. 92 Agenda Item No. 16F3 October 24, 2006 Page 100 of 119 ARTICLE 39 SAVINGS CLAUSE Section 39.1 - Savin2s If any Article or Section of this Agreement should be found invalid, unlawful or not enforceable, by reason of any existing or subsequently enacted legislation or by judicial authority, all other Articles and Sections of this Agreement shall remain in full force and effect for the duration of this Agreement. Section 39.2 - Re-Ne2otiation In the event of invalidation of any Article or Section, both the County and the Union agree to meet within thirty (30) days of such determination for the purpose of arriving at a mutually satisfactory replacement for such Article or Section. 93 Agenda Item No. 16F3 October 24, 2006 Page 101 of 119 ARTICLE 40 EMPLOYEE RECOGNITION AND REWARD PROGRAMS Section 40.1 - Participation in Pro2rams All bargaining unit employees shall be entitled to participate in and receive all benefits (whether monetary or otherwise) of any longevity of service or other employee recognition and reward program that is provided to all other County employees. Section 40.2 - Ri2ht to Modifv or Discontinue The Union recognizes and agrees that all such employee recognition and reward programs may be modified or discontinued by the County at any time for any reason and that the rights of bargaining unit members in this regard will be no different than those of all other County employees. 94 Agenda Item No. 16F3 October 24, 2006 Page 102 of 119 ARTICLE 41 LABO~NAGEMENTTEAM Section 41.1- LaborIMana2ement Team The County will establish and coordinate a Labor Relations Team whose goal is to create an open dialog between EMS/Fire management and bargaining unit employees. The team is considered a venue for employees to express concerns, ideas and to facilitate positive change within the EMSlFire organization and its practices. The Union and County shall each designate three (3) members. The team will meet quarterly, or more often upon agreement of the parties, and will be open to all bargaining unit employees. Discussion shall not be considered collective bargaining negotiations. 95 Agenda Item No. 16F3 October 24, 2006 Page 103 of 119 ARTICLE 42 DURATION Section 42.1 Termination This Agreement will be in full force and effect as of the effective date of the ratification of this Agreement by the parties and shall remain in full force and effect until midnight, the 30th day of September, 2009. Either party may reopen negotiations for the 2009-2010 contract year and beyond by giving the other notice of intent to reopen during May 2009. Failure to give notice oftermination and intent to reopen will result in this Agreement automatically renewing until notice is given during May of any subsequent year. 96 Agenda Item No. 16F3 October 24,2006 Page 104 of 119 FOR COLLIER COUNTY: James V. Mudd Collier County Manager FOR THE UNION: ~ J,/-tJ- Mike Holobinko, Vice President and Licensed Bargaining Agent for Southwest Florida Professional Firefighters & Paramedics, International Association of Firefighters, Local 1826 r1.kc /I-LC~ Type or Print Name !()!tI!O&., Dat! I WIl~ ~ ~ - By: WO\.\:L&-tQ\I~'S Type or Print Name: THIS AGREEMENT IS SUBJECT TO RATIFICATION BY THE R4.RGAINING UNIT AND THE COLLIER COUNTY BOJ\RD OF COlJ"NTY CO:l\1MISSIONERS. 98 Agenda Item No. 16F3 October 24, 2006 Page 105 of 119 A TIEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS OF COlllER COUNTY, FLORIDA Frank Halas, Chairman Deputy Clerk Scott R. Teach, Assistant County Attorney Agenda Item No. 16F3 October 24,2006 Page 106 of 119 APPENDICES Appendix A - County Administrative Procedure 5351 - Discipline Appendix B - County Administrative Procedure 5805 - Eligibility to Drive County Vehic1es 99 OFFICE OF THE COUNTY MANAGER ADMINISTRATIVE PROCEDURE Agenda Item No. 16F3 October 24, 2006 Page 107 of 119 CMA# 5351 SUBJECT: Discipline Effective Date: April 9, 1999 (Revised: March 13,2000; Revised: October 1, 2001; Revised: October 1, 2003, Revised: January 1, 2005; Revised: April 1, 2006) A. PURPOSE: The purpose of this Instruction is to provide for the implementation of a disciplinary procedure authorized by the County Manager. B. CONCEPT: It is the practice of the County to implement a practice of positive discipline. The County believes employees are the most vital resource of County Government. Therefore, when employee behavior warrants it, supervisors must take positive corrective action whenever practical. These disciplinary procedures apply only to all regular full-time and part- time employees below the level of Department Director. Department Directors, Chiefs, Division Administrators, County Attorney, Chief Assistant County Attorney, Deputy County Manager and the County Manager reporting to the Board of County Commissioners are exempt from this disciplinary procedure, serve at the will of the County and may be discharged or demoted for any reason. All temporary and seasonal employees and contractual staff of the County are also exempt from this disciplinary procedure. Employees in their initial probationary period (including any extension of their initial probationary period) do not have appeal rights under this procedure. 1. Factors In Discipline: Although internal consistency in administering discipline is desirable, numerous factors should be considered in determining the appropriate level of discipline to be administered. These factors include, but are not limited to: a) Employee's length of service. b) Intervals between performance or behavior problems. c) Employee's willingness to improve overall work perfonnance or behavior. d) Previous disciplinary actions. e) Effectiveness of prior disciplinary actions. f) Severity of disciplined behavior. g) Repetition of disciplined behavior. 2. Philosophy: Supervisors should work with employees to improve performance or behavior and may refer employees to the Employee Assistance Program whenever possible. Each disciplinary action, other than verbal counseling, must be fully documented on a Behavior Action Plan and submitted to the Human Resources Department prior to implementation. Some breaches of conduct are so severe, however, that they warrant an immediate discharge or other disciplinary action. The following include, but are not limited to, actions that may warrant immediate discharge: workplace violence, violations of the Code of Ethics or any applicable ethics laws or ordinances, "Appendix A" Agenda Item No. 16F3 October 24,2006 Page 108 of 119 insubordination, theft, sexual harassment, or other severe misconduct or unsatisfactory performance or behavior. 3. Disciplinary Actions: a) Verbal counseling session: (1) Supervisors should advise employees immediately whenever the employee's attitude, work habits, or personal conduct falls below an acceptable level. (2) It is the responsibility of the employee's immediate supervisor to get all the facts, weigh the evidence and discuss any disciplinary problems with the employee involved. (3) The purpose of a verbal counseling seSSlOn IS to encourage employees to improve their work habits, attitude, attendance, or behavior. Discussions of this nature are commonly used when an employee disregards work rules of a relatively minor nature. The normal procedure is for the employee's immediate supervisor to identify and define the area in need of improvement and ask the employee what steps he/she will take to make improvements in their behavior. (4) A verbal counseling session serves notice that if improvement is not forthcoming, or the misconduct reoccurs, then more formal disciplinary action such as written counseling, suspension, or discharge may be taken. The supervisor should note the verbal counseling session on the County's Supervisory Log Form and maintain this form in department records. The supervisor and the employee should initial the Supervisory Log entry. This fonn should not be placed in the employee personnel file in the Human Resources Department, but should be retained by the Supervisor. b) Written Counseling Session: (1) In situations where verbal counseling has not resulted in the expected improvement or when an employee exhibits further disciplinary problems or when the employee's conduct warrants, a Behavior Action Plan shall be issued. If misconduct is involved, the information should include a description of the incident of misconduct and refer to times, dates, locations, personnel involved and rules violated, if applicable. (2) The employee's immediate supervisor may initiate the Behavior Action Plan in coordination with the Department Director and the assigned Human Resources Generalist and give the fonn to the employee after approval by the Labor and Employee Relations Manager and Human Resources Director. (3) The employee's signature is requested on the Behavior Action Plan to acknowledge receipt; however, the signature mayor may not indicate an employee's agreement with the disciplinary action. If the "Appendix A" OFFICE OF THE COUNTY MANAGER ADMINISTRATIVE PROCEDURE Agenda Item No. 16F3 October 24,2006 Page 109 of 119 employee refuses to sign, it should be so indicated on the Behavior Action Plan in the area reserved for the employee's signature. The signatures of the supervisor, Department Director, Labor and Employee Relations Manager and Human Resources Director must be included. (4) The Behavior Action Plan, documenting the conduct and, where appropriate, the Code of Ethics/Standards of Conduct violated and disciplinary action taken, shall be retained in the employee's personnel file in the Human Resources Department. c) Suspension: (1) An employee may be suspended by the employee's immediate supervisor, with the prior approval of the Department Director or his/her designees and upon consultation with the assigned Human Resources Generalist. Such suspension may be without pay for reasons provided in the Code of Ethics/Standards of Conduct or for other unacceptable conduct. Suspension shall be in accordance with the requirements of the Fair Labor Standards Act. (2) In emergency situations, the immediate supervisor may place an employee on administrative leave with pay without the approvals and consultation indicated above (weekends, nightshift, perceived danger to fellow employees, the public or to County property, safety concerns; etc.). In these cases, the supervisor should contact the Department Director, the Human Resources Director and the Labor and Employee Relations Manager as soon as possible. (3) Suspensions shall be documented on a Behavior Action Plan which describes unacceptable conduct and, where appropriate, the Code of Ethics/Standards of Conduct violated and the disciplinary action administered. The Behavior Action Plan may be given to the employee after approval by the Labor and Employee Relations Manager and Human Resources Director. As above, the Behavior Action Plan must include the signatures of the supervisor, Department Director, Labor and Employee Relations Manager and Human Resources Director. The original copy of the Behavior Action Plan shall be retained in the employee's personnel file in the Human Resources Department. A Personnel Action Report (PAR) should be completed when a suspension occurs. (4) Any employee recommended for suspension shall be placed on notice of his/her appeal rights, if any, by separate letter/memorandum from the Human Resources Department. A copy of any available appeal rights shall be provided with this letter/memorandum. d) Discharge/Disciplinary Demotion: (1) Employees may be discharged or demoted for misconduct, unacceptable job performance, job abandonment and/or violations of the Code of Ethics/Standards of Conduct. As noted in the Code of "Appendix A" Agenda Item No. 16F3 October 24, 2006 Page1100f119 Ethics/Standards of Conduct, the reasons for discipline, including discharge or demotion, outlined therein are examples and are not considered all inclusive. Recommendations to discharge or demote regular full-time and regular part-time employees who have completed their initial probationary period may be made by the employee's Department Director in coordination with the assigned Human Resources Generalist, after consultation with the Labor and Employee Relations Manager and Human Resources Director. Following this consultation, the recommendation shall be formalized by completion of a Behavior Action Plan. (2) The Behavior Action Plan should indicate a description of reasons for the recommended discharge or demotion and indicate the Code of Ethics/Standard of Conduct violated, if applicable, or other reasons for the recommended discharge or demotion. (3) The Behavior Action Plan should be signed by the immediate supervisor and Department Director and forwarded to the Labor and Employee Relations Manager and the Human Resources Director for review and approval prior to communication with the employee. In extreme cases, this approval may be obtained verbally. (4) Employees may be placed on administrative leave with pay pending approval of the discharge or demotion and will be entitled to a termination/disciplinary demotion hearing upon written request. See Items 4 b) and 4 c) below. (5) Any employee recommended for discharge or demotion shall be placed on notice of his /her appeal rights, if any, by a letter/memorandum from the Human Resources Department separate and apart from the BAP. A copy of any available appeal rights shall be provided to the employee with the letter/memorandum. e) Employees at the Department Director level and above serve at the will of the County Manager and/or Appointing Authority. These employees are exempt from the suspension/discharge/disciplinary demotion appeal procedures, and may be discharged/demoted for any reason. f) New Hire probationary, temporary and seasonal employees and contractual staff are not covered by this procedure and may be separated at any time for any reason. g) When disciplinary action is taken and a Behavior Action Plan is completed, an employee may be placed on probation for a period not to exceed three (3) months. When the employee meets the established goal(s), the probationary period may be lifted. If the employee does not meet the established goal(s), further disciplinary action may be taken, up to and including discharge. 4. Suspension, Discharge and Disciplinary Demotion Appeal Procedures: No appeal will be allowed for any disciplinary action except for suspensions, tenninations and disciplinary demotions as outlined below. Employees will, however, be pennitted to "Appendix A" OFFICE OF THE COUNTY MANAGER ADMINISTRATIVE PROCEDURE Agenda Item No. 16F3 October 24, 2006 Page 111 of 119 submit statements outlining the reason(s), if any, for their disagreement with the disciplinary action taken. a) Post Suspension Appeal: (1) The employee may request a hearing within five (5) working days of receipt of the notice of suspension before the Division Administrator/Chief or his/her designee. The Department Director, and Human Resources Director, or their respective designees, shall be in attendance. The employee will be provided an opportunity to present evidence that the suspension is inappropriate. The Department Director or his/her designee, and the employee's supervisor, shall present the reasons/documents for the suspension. The Division Administrator/Chief shall hear the facts of the matter and take additional action, as necessary, to ensure all the facts in the matter are determined. The Division Administrator/Chief, or his/her designee, shall render a decision within ten (10) working days ofthe hearing. (2) Upon written request by the employee at least three (3) working days prior to the hearing, the County will allow the attendance of a reasonable number of County employees who have direct knowledge of the incident under review at the hearing as witnesses for the employee. The employee is responsible for scheduling the appearance of his/her witnesses. The County will be responsible for the wage or salaries of all County employee witnesses who appear at the hearing at the request of the employee. A list of witnesses, summary of testimony and other evidence, shall be provided by both parties to the Human Resources Department at least three (3) working days prior to the hearing. (3) The Division Administrator will issue a final decision within ten (10) working days to the employee. (4) If the suspension is upheld by Division Administrator or his/her designee, the Behavior Action Plan documenting the suspension shall be placed in the employee's personnel file in the Human Resources Department. If the suspension is overturned by the Division Administrator or his/her designee, all pay, if applicable shall be reinstated to the employee and documentation regarding the suspension shall be placed in the employee's personnel file. b) Pre- Termination/Pre-Disciplinary Demotion Hearing: (1) A pre-termination (discharge)/ pre-disciplinary demotion hearing, if requested in writing by the employee within five (5) working days of the action, will be coordinated by the Human Resources Director or designee and is intended to present the factual reasons for the discharge/disciplinary demotion for verification or denial of those facts by the employee. The hearing can be waived by the employee, in which case the proposed disciplinary action will stand. "Appendix A" Agenda Item No. 16F3 October 24, 2006 Page 112 of 119 (2) The employee will receive notification of the hearing in writing a minimum of three (3) business days prior to the hearing from the Human Resources Director or his/her designee. This notice will contain the date, time and place of the hearing, reasons for the discharge/disciplinary demotion and a copy of the approved Behavior Action Plan. Failure of the employee to attend the scheduled hearing will be considered a waiver of the hearing and the discharge will stand. (3) The pre-termination/pre-disciplinary demotion hearing will be conducted by the Division Administrator or designee with assistance from the Human Resources Department. The purpose of the hearing is to avoid factual mistakes relating to the matter and determine whether the facts support the decision and fall within guidelines of existing CMA's. The employee will not be allowed representation by an attorney. (4) The Division Administrator or designee shall make a decision within three (3) working days of the conclusion of the hearing. The Division Administrator shall advise the employee and the Human Resources Director of the decision and once a written answer is prepared, will provide a copy to the employee, Human Resources Director, immediate supervisor, and Department Director. c) Post-Termination/Post-Disciplinary Demotion Appeal: (l) The employee may then request a hearing, within five (5) working days upon receipt of the Division Administrator's determination, before the County Manager or his/her designee. The Human Resources Director will schedule the hearing within 30 days of receiving the request for the hearing. The hearing may only be rescheduled upon written request of either party, and must be re-set within a reasonable time. The Department Director and Human Resources Director, or their respective designees, shall be in attendance. The employee may be allowed to present witnesses and documentation and cross-examine witnesses presented by the County. The employee will be allowed representation by an attorney. The employee will have a right to examine the evidence that forms the basis for the discharge/disciplinary demotion. The Department Director or his/her designee, with assistance and representation from the Office of the County Attorney and the Human Resources Director or his/her designee, as appropriate or as needed, shall present the reasons for the discharge/disciplinary demotion and will also be allowed to present witnesses and documentation and will be allowed to cross-examine witnesses presented by the employee. The County Manager or designee shall take action to ensure all facts in the matter are determined (2) Judicial rules of procedure and evidence will not be applicable. The County Manager shall render his/her decision within ten (10) working days of the hearing. A court reporter shall document this process. All witnesses providing testimony will be put under oath. "Appendix A" OFFICE OF THE COUNTY MANAGER ADMINISTRATIVE PROCEDURE Agenda Item No. 16F3 October 24,2006 Page 113 of 119 (3) Upon written request by the employee at least three (3) working days prior to the hearing, the County will allow the attendance of a reasonable number of County employees at the hearing as witnesses for the employee. The employee shall be responsible for scheduling the appearance of hislher witnesses. The County will be responsible for the wage or salaries of all County employee witnesses who appear at the hearing at the request of the employee. A list of witnesses and summary of testimony and other evidence shall be provided by both parties to the Human Resources Department at least three (3) working days prior to the hearing. (4) At the option of the County Manager, a Hearing Officer may be selected to make the Findings of Fact. The person selected will either be the County Manager's designee, an attorney who is a member of the Florida Bar Association, or an arbitrator listed with either the American Arbitration Association or the Federal Mediation and Conciliation Service. All expenses of the Hearing Officer will be the responsibility of the County. The Hearing Officer will prepare written Recommended Findings of Fact and, if appropriate, Conclusions of Law and submit them to the County Manager within 10 business days following the close of the hearing. The Hearing Officer will not make any recommendation as to the actual resolution of the discharge. The County Manager will issue a final decision within ten (10) working days to the employee. (5) If the discharge/disciplinary demotion is upheld by the County Manager, the Behavior Action Plan documenting the discharge/disciplinary demotion shall be placed in the employee's personnel file in the Human Resources Department. If the discharge/disciplinary demotion is overturned by the County Manager, all pay and benefits, if applicable, and original date of hire shall be reinstated to the employee and documentation regarding the discharge/disciplinary demotion shall be placed in the employee's personnel file. d) General Provisions: (1) An appeal or request for a hearing that is not submitted within the time limits as prescribed for each step, where no written extension has been granted by the due date, shall be considered untimely; and, unless the lack of timeliness results from circumstances over which the employee has no control, untimely requests will not be considered. An appeal or request for hearing not taken to the next step within the time limits shall be considered settled on the basis of the last answer provided by management. An appeal or request for a hearing that is not answered within the time limits prescribed for the appropriate management representative at each step shall entitle the employee to appeal to the next step. (2) The time limits prescribed herein may be extended for good and sufficient reasons by management due to short term illness, vacations, business trips, scheduling/workload conflicts, or emergencies, when "Appendix A" Agenda Item No. 16F3 October 24,2006 Page1140f119 deemed in the best interest of assessing all available information to arrive at an equitable solution. If the time limits are extended, the employee will be so advised in writing. (3) The time limits as set forth in this procedure for the processing of complaints and responses by management shall remain the same for employees regardless of work schedules. For the purpose of this discipline procedure, the working day shall be defined as regular business hours Monday through Friday. An employee who seeks an extension of the time limits set forth herein must make the request to the Human Resources Director in writing prior to the expiration of the time period to be extended. (4) A court reporter shall be utilized to document the post disciplinary demotion and post termination appeal processes. C. CURRENCY: The Human Resources Department is responsible for maintaining the currency of this Instruction. D. REFERENCE: Collier County Personnel Ordinance, Ordinance No. 2001-50: Discipline: It is the policy of the County to implement a policy o.f positive progressive discipline. The County believes employees are the most vital resource of County Government. Therefore, supervisors must take positive corrective action whenever practical. TIle disciplinary procedures apply only to all regular full-time and part-time employees below the level 0.( Section Heads, Department Directors, Division Administrators, and all sllpervisOlY employees direct~v reporting to the Board of County Commissioners, County Attorney, and County Manager are "exempt" from the disciplinary policy, serve at the will of the County, and may be discharged for any reason. All contractual employees of the County are exempt from the disciplinary policy. "Appendix A" Agenda Item No. 16F3 NAME OF EMPLOYEE SOCIAL SECURITY NO. DATE JOB TITLE DIVISION DEPARTMENT SUPERVISOR (Print Name) I. DESCRIPTION OF INCIDENTINATURE OF VIOLATION: (DESCRIBE MISCONDUCT. LIST DATE, TIME AND STANDARDS OF CONDUCT VIOLATED. INDICATE PERFORMANCE NOT MET. DESCRIBE WORKFLOW IMPACT.) II. SUMMARY OF EMPLOYEE'S PAST DISCIPLINARY ACTION(S): LIST ALL DISCIPLINARY ACTIONS, COUNSELING THAT HAVE OCCURRED. INCLUDE DATES, ACTION TAKEN AND RESULTS. III. MEASURABLE IMPROVEMENTS/GOALS: (INCLUDE WELL-DEFINED EXPECTATIONS AND TIMEFRAMES, IF PPROPRIATE. LIST TRAINING AND DIRECTION TO BE PROVIDED. ) IV. POSITIVEINEGATIVE CONSEOUENCES: (EXAMPLE: WHEN YOU MEET THE ESTABLISHED GOAL, PROBATION MAY BE LIFTED -or- IF THIS ACTION OCCURS AGAIN, YOU MAY BE SUBJECT TO ADDITIONAL DISCIPLINARY ACTION.) ~ EMPLOYEE'S STATEMENT: (OPTIONAL) VI. ACTION TAKEN: * Attach Personnel Action Form o WRITTEN COUNSELING & INSTRUCTION o SUSPENSION * DAYS DExempt DNon-Exempt o DISCIPLINARY DEMOTION * o RECOMMENDATION TO TERMINATE EMPLOYMENT* SUPERVISOR DATE DEPARTMENT DIRECTOR DATE HRG INITIALS DATE DIRECTOR, HUMAN RESOURCES DATE LABOR/EE RELS MGR DATE Please refer to the Collier County Practices and Procedures, Discipline section #5351 for correct handling of this form. * Employee should be advised of Suspension, Discharge or Disciplinary Demotion Appeal Process (CMA Instruction 5351, Part D) EMPLOYEE (RECEIPT ACKNOWLEDGED) DATE DISCIPLINARY ACTION MUST BE DISCUSSED WITH AND APPROVED BY HUMAN RESOURCES PRIOR TO COMMUNICATION WITH AFFECTED EMPLOYEE Send Completed Form To Your Human Resources Generalist Immediately Revised 02/2004 "Appendix A" Agenda Item No. 16F3 October 24, 2006 Page 116 of 119 CMA# 5805 SUBJECT: Eligibility to Drive County Vehicles Effective Date: October I, ]998 (Revised: Revised: October 1,2003) A. PURPOSE: The purpose of this instruction is to provide specific criteria to employees and supervisors regarding the eligibility of employees, new hires, and volunteers to operate County-owned motor vehicles. The goal of this policy is to identify drivers with adverse driving records in order to prevent losses from occurring and to preserve the County's defensive position should litigation occur. B. BACKGROUND: The County Manager's Agency operates in excess of 450 automobiles at any given time. It is the policy of the Agency to perform driver's license background checks on all employees considered for hire and volunteers, and annual driver's license background checks on current employees. Standards for acceptable driving have been established within the Risk Management Department and are used as the basis for determining an employee's acceptability to operate a county vehicle. C. PROCEDURE: Employees, volunteers, and other persons who may be afforded the use of a County vehicle shall be subject to the following standards. No employee shall be allowed to drive a County vehicle without meeting the standards set forth in this section. Individuals who may drive a County vehicle must possess the following: a) A current, valid Florida Drivers License with full privileges (not suspended or revoked). b) A Florida Driver's License with a license class sufficient to cover the vehicle being driven. c) A driving record that meets County Driving Standards. 1. Driving Standards: Any employee who fails to meet the following standards due to traffic offenses or accidents within the past three (3) years shall not be allowed to drive a County vehicle. This three-year period shall run from the date of discovery of the offense to either the date of conviction or the date of final disposition or date classified as "Adjudication Withheld". "At-fault" shall mean that the employee was involved in an infraction or accident while operating a motor vehicle and that the employee was cited and convicted of the offense. "Adjudication Withheld" shall mean that the employee has been cited with an offense and a fine has been assessed even though a conviction has not been recorded. Offenses with a final record of "Adjudication Withheld" shall be considered the same as an offense if a fine is assessed. The completion of Traffic School or any other educational program by the employee shall not remove the offense from consideration, even if points have been removed. These standards apply to moving violations only and do not apply to offenses related to equipment or insurance violations; however, employees whose licenses are suspended for insurance violations will not be permitted to drive until their license is reinstated. These standards are as follows: "Appendix B" Agenda Item No. 16F3 October 24, 2006 Page 117 of 119 a) Any combination of at-fault accidents or movmg violations totaling three. b) One or more Serious Violations as outlined below. c) Two at-fault accidents involving county vehicles in three years. 2. Serious Violations: a) Driving under suspension, cancellation, or revocation of a license. a) Failure to stop and render aid during an accident involving injury/death. b) Failure to stop and report an accident d) False accident report/perjury. e) Fleeing or eluding police. c) Homicide, manslaughter, or assault with a motor vehicle. d) Leaving the scene of an accident. f) Obstructing an officer. g) Reckless driving. e) Refusal to comply with a lawful police/fire department order. f) Illegal possession of alcohol or drugs. h) Illegal activity with a motor vehicle. i) Permitting unauthorized operator to drive. g) Refusal to submit to chemical test. h) Unlawful use or display of a license. 3. Driving Under the Influence: Employees convicted of driving under the influence shall be suspended from driving county vehicles until such time as their regular, valid drivers license is restored or for a period of six months which ever is longer. A work permit does not constitute a regular, valid drivers license. Driving Under the Influence charges which are pled to a lesser charge such as Reckless Driving shall be considered as the same offense for the purposes of this provision. Employees convicted of driving under the influence shall also be required to complete a state approved driver training program and shall present such proof to restore eligibility. However, an employee whose driving record contains a conviction for driving under the influence plus any other moving "Appendix B" Agenda Item No. 16F3 October 24, 2006 Page 118 of 119 violation shall have their driving privileges suspended until such time as all violations exceed three years from the conviction date. 4. Accidents Involving County Vehicles: Employees who are involved in a serious accident involving a county vehicle and are found to be at-fault may have their driving privileges revoked regardless of their overall driving record. A serious accident includes first or third party property damage, which exceeds $25,000 or bodily injury to a third party, which exceeds $50,000, or any combination thereof, which exceeds $75,000. The Risk Management Director or hislherdesignee shall make a recommendation to the County Manager to revoke the employee's driving privileges. Revocation of privileges will be effective upon the County Manager's approval ofthe recommendation. 5. Motor Vehicles Record Checks: The Human Resources Department shall obtain a Motor Vehicle Driving Record on applicants being considered for employment (new employees) with Collier County. The standards within this Code shall be used as the basis for evaluating an applicant's eligibility for employment based upon their driving record. In addition to this initial driving background check, the Risk Management Department shall request a Motor Vehicle Driving Record on every current employee at least once each year. Written notice regarding the finding of an unacceptable driving record will be forwarded to the current employee's Supervisor and the Human Resources Department. No notice will be sent regarding those persons whose driving records are acceptable. 6. Supervisor Responsibility: A Supervisor shall notify the Risk Management Department and Human Resources Department as soon as he/she become aware that an employee under his/her supervision does not meet the requirements of this policy. A Supervisor who is aware that an employee does not meet these standards shall not allow that person to drive a County vehicle. Supervisors shall be responsible for enforcing the prohibition of a driving privilege. Supervisors shall have the option of placing affected employees in a non-driving capacity. Additionally, Supervisors shall be responsible to report to the Human Resources Department an employee's failure to meet acceptable driving standards. 7. Administrative Proceedings: Employees who fail to meet the driving standards as outlined in this Instruction may face administrative disciplinary proceedings in addition to the loss of their driving privileges. Employees who are required to drive as part of their employment may be subject to transfer to a non-driving position, demotion, or termination depending upon the availability of alternative positions and/or other circumstances pertaining to their loss of driving privilege. Such determination shall be made by the employee's supervisor in cooperation with the Human Resources Department and pursuant to Human Resources Practices and Procedures or other applicable Administrative Code(s). The County Manager shall have the authority to make exceptions to the standards contained within this Code and/or their consequent administrative remedies on a case- by -case basis. Requests for such an exception shall be made in writing by the employee and/or the employee's supervisor and shall be copied to the Risk Management Director and the Human Resources Director. The County Manager may also make exceptions which exceed the standards of this policy. "Appendix B" Agenda Item No. 16F3 October 24,2006 Page 119 of 119 8. Reinstatement of a Driving Privilege: The privilege to drive a County vehicle shall be reinstated at such time as the affected current employee's driving record meets the standards as set forth in this policy. The Risk Management Department shall review as necessary the records of those current employees prohibited from driving County vehicles and shall notify the Supervisor of the current employee and the Human Resources Department at the time such driving privileges are reinstated. D. CURRENCY: The Risk Management Department is responsible for maintaining the currency of this Instruction. E. REFERENCE: Collier County Personnel Ordinance, Ordinance No. 2001-50: The County will provide a policy for specific practices and procedures for the enforcement of the safe operation of county vehicles. Further, this policy will establish procedures for employees to formally acknowledge and accept responsibility for operating County motor vehicles. "Appendix B" Agenda Item No. 16F4 October 24,2006 Page 1 of 7 EXECUTIVE SUMMARY Recommend Approval of Change Order # 2 for Contract # 03-3538 with Evans Klages, Inc. for research services in the amount of $12,000 and authorizing the County Manager or his designee to execute Change Order # 2 after approval by the County Attorney's Office OBJECTIVE: Approval of a Change Order to add additional funds for expanded focus group research to better define the opinions of our customers on new creative approaches. CONSIDERA TIONS: On July 25, 2003, the Board awarded a four year contract to Evans Klages, Inc. We are in the fourth year of the contract and the contract will be resolicited next year. We have exercised the renewal each year of the contract. Last year we added some additional research projects that were covered by Change Order #1 in the amount of $33,000. Change Order #2 is for an additional $12,000 for expanded focus group research to better define the buying habits and creative preferences for our customers. ,- ADVISORY COMMITTEE RECOMMENDATIONS: The Tourist Development Council will discuss this change order at their October 23, 2006 meeting. COUNTY ATTORNEY FINDING: Research expenditures are an acceptable expenditure of tourist development funds per FS 15.0104. County Attorney has approved the change order for form and legal sufficiency. FISCAL IMPACT: Funding for this additional expenditure is included in the approved FY 07 Tourism Department Budget in Fund 184. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Approve Change Order # 2 to Contract # 03-3538 with Evans Klages, Inc. in the amount of$12,000 for additional research services and authorize the County Manager or his designee to execute Change Order # 2. PREPARED BY: Jack Wert, Tourism Director ~ Agenda Item No. 16F4 October 24, 2006 Page 2 of7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16F4 Recommend Approval of Change Order # 2 for Conlract # 03-3538 with Evans Klages, Inc for visitor research services In the amount of $12,000 and authorizing the County Manager or his designee to execute Change Order # 2 after approval by the Counly Attorneys Office 10/24/20069:00:00 AM Item Number: Item Summary: Prepared By Jack Wert Tourism Director Date County Manager's Office Tourism 10/12/20064:55:13 PM Approved By Lyn Wood PurChasing Agent Dafe Administrative Services Purchasing 10/13/200610:04AM App roved By Steve Carnell Purchasing/General SVC5 Director Date Administrative Services Purchasing 10/13/200610:11 AM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 10/13/200610:49 AM App roved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 10/13/200611:48 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 10116/20068:31 AM Approved By ..lames V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10118/200611 :55 AM Agenda Item No. 16F4 October 24, 2006 Page 3 of 7 Date: 10/13/06 E-Mailed To Bonnie: Project Name: Tourism ~evelopment Council Research Services I Project Number: I :3'35381 PO#: 4500070713 I , ' j 'I .J<> htt!- fOf7- ~ ~ VfLb{ pi oP~. BIDIRFP #: Mod#: Work Order Ntimber: I Contractor/Consultant: :Evans Klages, Inc. , I Original Contract Amount: Current BCC APlroVed Amount: I i I ' Current Contract I Amount: $ 75,000.00 (Starting Point) $_108,000.00 (Last Total Amount Approved by the BCe) $ 108,000.00 (Including All Changes Prior To This Modification) Change AmOuntl ~. $ 12,000.00 Revised contractIW1! .'" On! Amou'''' 120.000.00 {Including This Change Order) I Value of Changes to this CQntractlWork Order: L- 45,000.00 Percentage Of e Change rerlUnder Current Contract Amount: _11.1 % i ~ I Overview of change: To prqvide for Focus Group Research in order to better define the opinions of the County's customers relative to new, teative app in Tourism. Contract SpecialIst: ~.... r1 ~ I f:~' ~v ~ Date: / oj / 3/0" Scanned Date:j ~~3' /(.? Data Entry Info+atiOn: I' Type of Change:! CQntract Project Manag;;Jr lack Wert' , Department: Tourism 1 Change CategO~ Type, Circ One Below: 1. Planned or El~tive 2. Unforeseen dmditions 3. Quantity Adj~stments 4. Correction Of~rs 5. Value Added 6. Schedule Adj ents , , "1' , ! , 'i" Revised 7/11' 5 ~..~ Agenda Item No. 16F4 October 24, 2006 Page 4 of 7 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM ment Council Research Service 2 J L '" 7v 1/3 pO#: '(5 (J (J () Work Order #: CONTRACTOR/FIRM NAME: Evans-Kia es S 75,000.00 (Starting Point) S 108,000.00 . (Last Total AmDunt Approved by the Bee) $ 108.000.00 (fucluding All Changes Prior To This Modification) $_12,000.00 Revised Con ork Or r Amount: $_120,000.00 (Including This 0Iange Order) banges to this CODtractlWork Order: $_3:2,1 l_./JU ~ 0 OOD Date of Last Be Approjl 1&'i6.'!M6" /0 /;J 5/6 5 Agenda Item # _.....-a- I&., r S- Percentage of th change over/under current contract amount 11 , J 01. Fonnula: (Revised ount ~. t aee approved amount)-1 " Results and Adlons: C ntracta: If change exceec\$ 10% of the CUnllnt BCC amount, then BCC approval is required; equal 10 or less than 10% reported tD ace by the rchasing rtment. CCNA Wor1t Orders; For all work orderS that .ltceed $90.000 where the change does not exceed 10% or $10,000. these a", re by the Purchaalng Department to the BCC acIminiSnttveIy. CI'llIn08rs to theSe work orders ltIat exceed thOSe threshoIda require prior Bce app I. NON-CCNA Wor1t Ordel'S: If the cIlange exceedl 10% of the current Bee amount, Ihen see approval is reqUired. If in doubt.. co tact your co tract aPlldallst. For mOle apeclllc information regarding work order thresholda. please refer to the Procurement Administration Procedu . Section .3.d. CURRENT: D CHANGE (S): Identify the changes. Additional increase to the followlno area: Jack Wert. Lvn Wood. Evans-Klaaes OMMENDATION: This form is to be signed and dated. Revised 3/29/06 Agenda Item No. 16F4 October 24,2006 Page 5 of 7 Date: I~"/{) 6- Date: / q// .y~ I R~3/29/06 _I.,..... Agenda Item No. 16F4 October 24,2006 Page 6 of 7 CHANGE ORDER C GE ORDER NO. 2 CONTRACT NO. 03-3538 BCC Date: Agenda Item: a.kA. E:vans - KIC\jt.S1 .J:r\f.. Tol ~~vo.n?~ ~\A...1U;/!nC.. 405 North Reo Street Suite 100 Tamoa, FL 33609 OAr: 1019106 PRpJECT NAME: Tourism Develooment Coundl Research Services PRpJECT NO.: unter our AGREEMENT dated October 28 ' 2003 . You hereby are authorized and directed to make the following change(s) in accordance with te s and conditions of the Agreement: Pr osed Chan es: Additional Amount Ta k 5 _ Focus Group Research - Three research groups to be held vs. four $12,000.00 tha were held previouSly. Two groups dedicated to pre and post creative concept te ing and one group to include group meeting planners in Washington, DC. Tis testing will be more in-depth and provide greater information detail. TO AL OF ADDITIONAL BUDGET $12,000.00 FOR THE (Additive) Sum of: Twelve thousand dollars ($ 12.000.00 Original Agreement Amount $ 15.000.00 lsum of Previous Changes $ 33.000.00 IThiS Change Order (Add) $ 12.000.00 Present Agreement Amount . $ 120.000.00 The time for completion shall be (inCreased/decreased) by _0_ calendar days due to this C nge Order. Accordingly, the Contract Time is now <-). calendar days. The su stantial completion date is and the final completion date is . Your a eptance of this Change Order shall constitute a modification to our Agreement and will be performed su ~ect to all the same terms and conditions as contained in our Agreement indicated above, as fully as if t e same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a \I and final settlement of any and all claims of the Contractor arising out of or related to the change sa forth herein, including claims for impact and delay costs. Agenda Item No. 16F4 October 24, 2006 'Page 7 of 7 i I -.. i 10/11/2008 13:14 FAX ~003. ,2006 lZVOJ1S - t:I~l..S, Intl.. OWNER: SOARO OF COUNTY COMMISSIONERS ~ COLLIER COUNtY, FLORIDA . D!!P~RTMENT CIREQTOR ~~a.-~~ . J' It, QUriSm Cll'*:tor DIVISJON ACMINISTRATOR By: Jama V. Mudd, Oourriy Manager .1 ~proved As 'To Form a~ I.aga/ SLdfkiency: I i I I I CONTRAcr SPEClALJ~ . t1 .. . By: ~ m . ##"- ~d,v.oG . Lyn. Oed, Contract Spedalist I POnt Name: ~t County Attorney I I I . i I I ! E'q 8l6t 'oN I I WSjJnOl Ja!llO~ Wd9l;~ 900Z 'Ot.PO ., ..>( i EXECUTIVE SUMMARY Agenda Item No. 16F5 October 24,2006 Page 1 of 2 Recommendation that the Board of County Commissioners approves a budget amendment transferring $302,800 from the Pelican Bay Irrigation and Landscaping Capital Fund (322) to the Uninsured Asset Restoration Fund (133). OBJECTIVE: To amend the Pelican Bay budget to reflect the recommendations of the Pelican Bay Services Board and to be consistent with the FY 06 budget forecast developed during the budget process. CONSIDERATIONS: The adopted budget in Pelican Bay Uninsured Asset Restoration Fund (133) included projected carryforward revenue of $1,196,200. This revenue was to be transferred to the Pelican Bay Services Fund (109), in which water management and community beautification functions are budgeted. One element of the projected carryforward revenue was an operating transfer of $302,800 from the Pelican Bay Irrigation and Landscaping Capital Fund (322) in FY 05. The transfer was not made during FY 05 resulting in a carryforward shortfall in FY 06 in the Uninsured Asset Restoration Fund (133). The FY 06 budget forecast in the Uninsured Asset Restoration Fund (133) reflects the need for this transfer to take place in FY 06. However, there is no existing budget authority to allow this transfer to occur. ,-. FISCAL IMPACT: A budget amendment in the amount of $302,800 from the Pelican Bay Irrigation and Landscaping Capital Fund (322) to the Uninsured Asset Restoration Fund (133) is required. This action will make the amended FY 06 budoet consistent with the budoet forecast reviewed and aporoved bv the Pelican Bav Services Board. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves a budget amendment transferring $302.800 from the Pelican Bay Irrigation and Landscaping Capital Fund (322) to the Uninsured Asset Restoration Fund (133). Prepared by: Jean Smith, Pelican Bay Services Division - Agenda Item No. 16F5 October 24. 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F5 Recommendation that the Board of County Commissioners epproves a budget amendment transfemng $302.800 from the Pelican Bay Irrigation and Landscaping Capital Fund (322) to the Uninsured Asset Restoration Fund (133) Meeting Date: 10/24/2006900:00 AM Approved By Michael Smykowskj Management & Budget Director Date County Manager's Office Office of Management & Budget 10/18/20061:42 PM Approved By James V _ Mudd County Manager Date Board of County Commissioners County Manager's Office 10/18/20063:55 PM Agenda Item No. 16H1 October 24,2006 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 associations/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Frank Halas FUNCTIONJEVENT: 18th Annual Southwest Florida Residential Development Snapshot - A Naples-Centric Perspective, held at the Naples Elks Lodge 32010 in Naples, Florida on October 19,2006. ~ PUBLIC PURPOSE: Meet with leaders of development and other business communities to review trends, influences, and future challenges of local residential development. DATE OF FUNCTIONJEVENT: October 19,2006 FISCAL IMPACT: $65.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with resolution No. 99-410, approve reimbursement by the Clerk for meals provided to Commissioner Frank Halas while serving a valid public purpose. PREPARED BY: Sandra Lea, Executive Aide to BCC ,,-.. Item Number: Item Summary: Meeting Date: Agenda Item No. 16H1 October 24, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H1 CommIssioner Halas requests Board approval for reimbursement regarding attendance at a functIon serving a valid public purpose. Attended the 18th Annual Southwest Flonda Residential Development Snapshot on Thursday, October 19. 2006. at tile Naples Elks Lodge #2010 In Naples, Florida $65.00 to be paid from Commissioner Halas' travel budget 10124120069:0000 AM Date Approved By Sue Filson Board of County Commissioners Executive Manager to the BCe Bce Office 10/61200610:22 AM Approved By Date James V. Mudd Board of County Commissioners County Manager County Manager's Office 10111120069:16AM Agenda Item No. 16H1 Oct 006 of 3 -r' t.~~~,~ f ~ ~ h fl,:-" U ."V ~,(~i\ r,..tJ~M......' ~:"" . Ros~ \'t': )1~Int08h ~. "~H .~\ \~~ the Naples EIk4iJ Lodge #2010 \ ~ ,i' 80.. SCP "ly 0,-: ; COflt,~ The 18th Annual SouC.hwest Florida Residential De-velopDlent Snapshot A N aples.(;entri~ Perspe...ti-ve Where we've been, Where we are, Where we are going... Who's doing what... Big Deals and Big Shots Who were the winners, Who were the losers Facts & Figures Trends, Influences, Challenges and Events ~apl" Elk.~ Lodge #2010- 39'>0 Radio Road Thursday, October 19, 2006 5:30pm Networking Reception & Buffet Dinner 6:30pm Presentation Sponsored by Gult~shore Life 'THE MAGAZINE OF SOUTHtWEST F:L.ORI[)A SItI(; ~Iembers S45 COlA Members S.i.'i Non-Members S6a and an UDftTUpped ..iff for (~hildren al1es .'iyrs.- 12 ,'n. Price includes buffet dinner, program and handouts. Please RSVP by Oct. 13th. Advanced registration is required! For Dlore information. ..ue~tion.~ or to Rs\rp plea.4Jie ..all Sltal,... at f239l436.61 00 or fax to C239}436-3878 Name: Company: Credit Card #: Billing Zip: Phone #: Exp Date: Agenda Item No. 16H2 October 24,2006 Page 1 of 4 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTIONJEVENT: Greater Naples Leadership Alumni Luncheon Seminar .- PUBLIC PURPOSE: To Speak before this group about Immokalee, Ave Maria University and plight of migrant workers and the socio-economic infrastructure of Immokalee. DA TE OF FUNCTION/EVENT: December 4, 2006 FISCAL IMPACT: $15.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: October 24,2006 - Item Number: Ilem Summary: Meeling Dale: Agenda Item No. 16H2 October 24, 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H2 CommIssioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. CommissIoner paid in advance to attend the Greater Naples Leadership Luncheon Seminar on December 4, 2006 and is requesting reimbursement in the amount of $1500, to be paid from his travel budget, 10124/2006 90000 AM Date Prep. red By Nancy Rosiak Board of County Commissioners Executive Aide to the BCe BCC Office 101612006 9:40: 11 AM Sue Filson Date App roved By Board of County Commissioners Executive Manager to the BCe Bce Office 10161200610:23 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 10111/20069:14 AM Agenda Item No. 16H2 October 24, 2006 Page 3 of 4 rosiak n Location: YOU ARE SPEAKER @ 12:20 (YOU HAVE 30 MIN. ON TOPIC IMMOKALEE TODAY VS TOMORROW-effects of Ave Maria Univ. & town, plight of migrant workers,socio economic infrastrucure) -Greater Naples Leadership Luncheon - R. Wayne Mullican, Chair (239-435-0085)-$15.00 Community Room - 2nd floor of Northern Trust Bank - 375 5th Ave. South Subject: Start: End: Show Time As: Mon 12/4/2006 11 :45 AM Mon 12/4/2006 1 :30 PM Out of Office Recurrence: (none) See letter of invitation) Make check $15.00 payable to Northern Trust Bank. R. Wayne Mullican 2278 Silver Palm Place Naples, FL 34105 April 28, 2006 The Honorable Jim Coletta Collier County Board of Commissioners 3301 Tamiami Trail East Naples, FL 34112 Dear Commissioner Coletta: Thank you very much for agreeing to speak at the Greater Naples Leadership Alumni Luncheon Seminar on Monday, December 4, 2006. The luncheon will begin at 11 :45 a.m., and last until 1 :30 p.m. It will take place in the Community Room on the second floor of Northern Trust Bank, which is located at 375 5th Avenue South. There will be approximately 70 people in attendance. Lunch will begin at 12:00 noon and I will introduce you at 12:30. Your remarks should not exceed 30 minutes in order to allow time for questions. The topic we selected for this day is "Immokalee Today versus Immokalee Tomorrow". We would like your take on what effects Ave Maria University and town will have on Immokalee in the next five years. Can the two towns co-exist? What will be the plight of the migrant workers? Is there a plan for the socio economic infrastructure of Immokalee? There is a charge of $15.00 for lunch and it is my understanding that you will pay for your own lunch as is required of public officials. The check should be made payable to Northern Trust Bank. I have made an appointment through your Administrative Assistant, Nancy Rosiak, to meet with you on Monday, November 27, 2006 at 1 :30 p.m. for the purpose of introducing myself and to answer any questions you may have about the luncheon and our topic. In the meantime, should you have any questions please do not hesitate to call me at 239 435-0085. I look forward to seeing you on November 27, and being with you at our luncheon on December 4. I again wish to thank you for putting this seminar on your busy calendar. Sincerely, R. Wayne Mullican Chairman, Luncheon Seminars 1 PlJowd ofC(f~ C(f~ C(f~ 3301 East Tamlami Trail · Naples. Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 Agenda Item No. 16H2 October 24, 6 Pa Donna Fiala District ,1 Frank Halas District 2 . Tom HennIng District 3 F.red W. Coyle District 4 Jim Coletta District 5 October 2, 2006 / Mr. Wayne Mullican , Chairman, Luncheon Seminars 227.8 Silver Palm Place Naples, FL 34105 Subject: Greater Naples Leadership Alumni Luncheon Seminar . Dear Mr. Mullican: Thank you for your invitation to join you on December 4,2006 to be a speaker at the Greater Naples Leadership Alumni Luncheon Seminar. I am pleased that y.ou included me in your invitation and by way of this letter am letting you know that I plan to attend. Enclosed you will find my check for $15.00, made payable to Northern Trust Bank to cover the cost of my lunch, per my "no gift policy" that doesn't allow me to accept gratis lunches. I'm looking forward to speaking before this wonderful group on the subject of , "lmmoka{ee Today versus lmmokalee Tomorrow" and the effects Ave Maria University and town is predicted to have on Immokalee in the next five years. I will also be prepared to address the plight of the migrant workers and the socio economic infrastructure of Immokalee. I look forward to seeing you there. r oletta, Vice Chairman ommissioner, District 5 jimcoletta@colliergov.net JC: nkr End: Personal Check for $15.00 Agenda Item No. 16H3 October 24,2006 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 FUNCTIONJEVENT: Blue Chip Recognition Breakfast PUBLIC PURPOSE: To represent the County and honor those Blue Chip Awardees. - DATE OF FUNCTIONJEVENT: November 2,2006 FISCAL IMPACT: $10.00 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 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: October 24, 2006 - Agenda Item No. 16H3 October 24, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16H3 Meeting Date: CommIssioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid In advance to attend the Blue Chip Recognition Breakfast on November 2.2006 and is requesting reimbursement in the amount of $1000. to be paid from his travel budget 10/241200690000 AM Prepared By Nancy Rosiak Board of County Commissioners Executive Aide to the BCe Date Bce Office 101612006 9:26:55 AM Approved By Sue Filson Executive Manag~r to the Bee Date Board of County Commissioners BCC Office 10/61200610:21 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/11120069:12 AM C0(OC") IO- (000 ,,-NC") O~W ZN OJ Eii3~ w..o ==.9 roC,,) -00 c W OJ <( ~f) L" ""- ...... '. ~ ~ ~ ~ ~ ~; " o.~~ .....c '" :c "', ~ .~ U~', "- " ~, t.LJ ~, ~ CO \0 o o ri ri l- V ..0 E V > o Z >; ~ -c:l V'I I- :::l ...r: r- 2 <i o C"t'; " t'- /' r- c: ~ 0\ "i' VI \- \C V ~ t,- r.s In :)': '::;-, ~ 0'. VI CV', V N a. ~ - Z c: 0 .... 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':6 .... ~':: .... ~~ d W) ~ I"') o ~: Agenda Item No. 16H4 October 24,2006 Page 1 of 4 -, EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTIONJEVENT: 2006 Citizen of the Year Banquet - PUBLIC PURPOSE: To honor the outstanding citizen of the year. DATE OF FUNCTIONJEVENT: November 10,2006 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 Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: October 24, 2006 ,- Agenda Item No. 16H4 October 24. 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Ilem Number: Ilem Summary: 15H4 Meellng Dale: Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid In advance to attend the CollIer Citizen of the Year 2006 Banquet on November 10, 2005 and IS requestrng reimbursement in the amount of $35 00. to be paid from his travel budget 10124120069,0000 AM Preps red By Nancy Rosiak Board of County Commissioners Executive Aide to the BCe Date BCC Office 101101200& 1 :21 :28 PM Ap P roved By Sue Filson Executive Manager to the ace Date Board of County Commissioners BCC Office 10/11/20069:20 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10111/20069:29 AM Agenda Item No. 16H4 October 24, 2006 Page 3 of 4 PlJoanI o/WoI/uw W~ W~ 3301 East Tamiami Trail- Naples, Florida 34112.4977 (239) 774.8097 - Fax (239) 774-3602 Agenda Item No. 16H4 October 24, Pa Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 October 2, 2006 Mrs. Kaydee Tuff c/o Collier Citizen 53 Twelfth Street North Naples, FL 34102 RE: 2006 Citizen of the Year Banquet Dear Mrs. Tuff: Thank you for your invitation to join you atthe 2006 Citizen ofthe Year Banquet on November 10,2006. I am pleased that you included me in your invitation and by way of this letter am letting you know that I plan to attend, along with my wife Mary Ann. I am enclosing herewith my personal check for $35.00 each, a total of $70.00 for Mary Armand me. I'm looking forward to this event and will see you there. o etta, Vice Chairman Commissioner, District 5 . J. imcoletta@colliergov.net JC: nkr Encl: Personal Check $70.00 Agenda Item No. 16H5 October 24, 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 FUNCTIONIEVENT: American Specialty Contractors of Florida Monthly Meeting PUBLIC PURPOSE: To Speak before this group about affordable housing. - DATE OF FUNCTION/EVENT: October 12, 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 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: October 24, 2006 - Agenda Item No. 16H5 October 24, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16H5 Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose Commissioner paid in advance to attend the American Specialty Contractors of Florida monthly meeting where he was a speaker on October 12,2006 and is requesting reimbursement in the amount of $35,00, to be paid from his travel budget Meeting Date: 10/24/2006 9:0000 AM Prepared By Nancy Rosiak Board of County Commissioners Executive Aide to the Bee Date BCC Office 10110/20061 :46:55 PM Approved By Sue Filson Board of County Commissioners Executive Manager to the Bee Dale Bee Office 10/11/20069:19AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/11120069:34 AM P1J~o/~~ ~~ ~~ 3301 EastTamiami Trail- Naples. Florida 34112 - 4977 (239) 774-8097 - Fax (239) 774-3602 Agenda Item No. 16H5 October 24 Pa Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 October 2, 2006 Mr. Rod Stoneburner Speaker Chair American Specialty Contractors of Florida 1661 Trade Center Way, Suite 2 Naples, FL 34109 Dear Rod Stoneburner: Thank you very much for inviting me to join you as a speaker on October 12, 2006 for the American Specialty Contractors of Florida's monthly meeting. I am pl.eased that you invited me and by way of this letter am letting you know that I plan to attend and enclosing my check for $35.00 made out to AFCF, Inc. to cover the cost of my dimer, due to my "no gift policy." I'm looking forward to this event and will see you then. r T' onmussioner, District 5 JC:nkr End: Personal Check for $35.00 Agenda Item No. 16H6 October 24,2006 Page 1 of3 ,_....-...... 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 FUNCTIONJEVENT: Naples Fishing Club Christmas Dinner PUBLIC PURPOSE: Keynote Speaker ,- DATE OF FUNCTIONJEVENT: December 19,2006 FISCAL IMPACT: $13.00 - 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: October 24,2006 - Item Number: Item Summary: Meeting Date: Agenda Item No. 16H6 October 24, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H6 Commissioner Colelta requests approval for reImbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Naples Fishing Club Christmas Dinner as a Keynote Speaker on December 19, 2006 and is requesting relnlbursemenlln the amount of $13.00, to be paid from his travel budget 10/24/2006 9:00:00 AM Date Prepared By Nancy Rosiak Board of County Commissioners Executive Aide to the Bee Bce Office 10111/20064:19:52 PM Sue Filson Date Approved By Board of County Commissioners Executive Manager to the BCe Bee Office 10112/20068:51 AM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 10/12/20069:22AM Agenda Item No. 16H6 October 24, 2006 Page 3 of 3 October 11, 2006 Mr. Larry Block Block & Block, Inc. 18 Paddington Ct. Naples, FL 34104 Subject: Naples Fishing Club Meeting Dear Mr. Block: Thank you for your invitation to join you at the Naples Fishing Club (NFC) Christmas Dinner as your Keynote Speaker on December 19,2006. I am pleased that you included me in your invitation and by way of this letter am letting you know that I plan to attend. Because of my "no gift policy," enclosed you will fmd my check made out to Naples Fishing Club in the amount of$13.00 to cover the cost of my dinner. I'm looking forward to this speaking at this event and will see you then. im Coletta, Vice Chairman Commissioner, District 5 jimco letta@colliergov.net JC: nkr End: Personal Check for $13.00 Agenda Item No. 16H7 October 24,2006 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, environmenta~ 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 Historical Society Site Dedication Welcome Back Pig Roast .- PUBLIC PURPOSE: To participate in the Marco Island Historical Society Site Dedication and Pig Roast event and network with area constituents. DATE OF FUNCTIONIEVENT: Saturday, October 21,2006 FISCAL IMPACT: $15.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, October 24th, 2006 Agenda Item No. 16H7 October 24, 2006 Page 2 of3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16H7 Meeting Date: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attendad the Marco Island HlStoncal Soclaly Sita Dadication Pig Roast on Saturday, October 21st, 2006 at the Marco Island Museum and History Center, Marco Island. FL. $15.00 to ba paid from Commissioner Fiala's traval budget. 10/24120069:00:00 AM Prepared By Kendra Hastings Board of County Commissioners Executive Aide to the BCe Date BCC Office 10/12/200610:33:39 AM Approved By Sue Filson Executive Manager to the BCe Date Board of County Commissioners BCC Office 10112/20063:42 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/12/20063:49 PM --- Agenda Item No. 16H7 October 24, 2006 Page 3 of 3 Dinner TiCket $15.00, Beverage Ticket $1.00 Dinner TicketS limi-ted "to 150 ~ by OCtOber 1, 2006 - mail checkS 'to MIHS', 168 "RPYal Palm Drive, Marco ISland, FL 341lf5 or call 239-393-9168 AU -proceeds will benefit: 'the Museum Building Fund Agenda Item No. 16H8 October 24,2006 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, ethrlic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTIONJEVENT: SWFCEE Annual Dinner & Auction .-. PUBLIC PURPOSE: To participate in the Southwest Florida Council for Environmental Education Annual Dinner event and network with constituents. DA TE OF FUNCTIONJEVENT: Friday, November 17th, 2006 . FISCAL IMPACT: $80.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, October 24th, 2006 - Agenda Item No. 16H8 October 24, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Dale: 16H8 Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Southwest Florida Council for Environment Education Annual Dinner and Auction featuring the 2006 Environment Education Award of Excellence on Friday. November 171h, 2006, at the Hyatt Regency Coconut POint, Bonita Spnngs: $80 00 10 be paid from Commissioner Fiala's travel budget. 10/2412006 9.0000 AM Ilem Number: Ilem Summary: Prepared By Kendra Hastings Board of County Commissioners Executive Aide to the Bee Date Bee Office 10/1212006 11 :23:20 AM Approved By Sue Filson Executive Manager to the BCe Date Board of County Commissioners Bce Office 10J1212006 3:41 PM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 10/12120063:58 PM 00 c.o ("') ~ :1:0,,- c.oOO .,.-N("') ci-.:ia> ZNOl ....ro EQ.JQ.. Q.J..o ....-0 -....- (\)0 -00 C Q.J ~ OJ <( B p tp c: IS ~ ~ ~ (/) zg' 0 c'O d o'E A. 'I: z:.E oc. A. 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Agenda Item No. 16H9 October 24, 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 FUNCTIONJEVENT: One By One Luncheon - Leadership Foundation of SouthWest Florida - PUBLIC PURPOSE: To provide input for the betterment of the Collier County citizens DATE OF FUNCTION/EVENT: October 12,2006 FISCAL IMPACT: $20.00 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 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: October 24, 2006 -. Agenda Item No. 16H9 Ociober 24, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16H9 Meeting Date: Commissioner Coletta requests approval for reimbursement for attending a function serVing a valid public purpose. CommissIoner paid in advance to attend the One by One Luncheon on October 12 2006 and IS requesling reimbursement in the amount of $2000, to be paid from his travel budget 10/24/2006900:00 AM Prepared By Nancy Rosiak Board of County Commissioners Executive Aide to the Bee Date Bce Office 10/13120061:18:47 PM Approved By Sue Filson Executive Manager to the BCe Date Board of County Commissioners Bce Office 10/13/20061 :24 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/13/20063:34 PM Agenda Item No. 16H9 October 24, 2006 Page 3 of 3 -----Original Message----- From: ColettaJim Sent: Sunday, October 08, 2006 9:38 PM To: john lawson Cc: rosiak_n Subject: RE: Lunch John I would be honored. Of course I will have to pay for my own lunch. See you then. Jim -----Original Message----- From: john lawson [mailto: onebvone@mvcinoular.blackberry.net] Sent: Friday, October 06, 2006 3: 35 PM To: ColettaJim Subject: Lunch Jim, Would you like to join some of our One by One friends for lunch at the Vineyards Country Club noon on October 12th? Let me know. John Lawson Sent via BlackBerry from Cingular Wireless Agenda Item No. 16H10 October 24,2006 Page 1 of 6 -- EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: Economic Development Council (EDC) of Collier County Industry and Opportunity Tour - Eastern Collier County -- PUBLIC PURPOSE: To showcase the growth and business opportunities available in Immokalee and the surrounding Town of Ave Maria and support growth through the EDC in District 5 DATE OF FUNCTIONJEVENT: October 27,2006 FISCAL IMPACT: $20.00 - 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: October 24,2006 -, Agenda Item No. 16H10 October 24, 2006 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16H10 Meeting Date: Commissioner Coletta requests approval for reImbursement for attending a function serving a valid public purpose. Commissioner paId in advance to attend the Economic Development of Collier County Industry and Opportunity Tour - Eastern Collier County on Oclober 27. 2006. 2006 and IS requesting reimbursement in the amount of $20.00, to be paid from his travel budget 1012412006 9:00:00 AM Prepared By Nancy Rosiak Board of County Commissioners Executive Aide to the Bee Date BCC Office 10/13120062:20:04 PM Approved By Sue Filson Executive Manager to the BCe Date Board of County Commissioners BCC Office 10/1312006 2:38 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10113120063:33 PM Agenda Item No. 16H10 October 24, 2006 Page 3 of 6 From: Erica Cotto [mailto:erica@enaplesflorida.com] Sent: Friday, October 13, 2006 11:03 AM To: ColettaJim; fiala_d; CoyleFred; HalasFrank; henning_t Subject: EDC Industry and Opportunity Tour 10-27-06 Commissioners, Good morning! I would like to invite each of you to attend the EDC Industry and Opportunity Tour on Friday, October 27th. The tour will showcase the growth and business opportunities available in Immokalee and the surrounding Town of Ave Maria. Presentations will be given by the Immokalee Chamber of Commerce, Career and Service Center of Southwest Florida, Collier Enterprises,and the CCM-Florida TradePort Masterplan. In addition, tours of models homes will be given at Arrowhead Reserve, and a behind the scenes look into Ave Maria. We will also visit two businesses in Immokalee, Salazar Machine and Steel, Inc., and the Training and Manufacturing Institute. Please review the attached agenda. If it peaks your interest please fax in the registration form to 263.6021. If you are not able to attend and would like to send someone from your staff we would truly appreciate it. Thank you, Erica Cotto Enterprise Development Manager Economic Development Council of Collier County 3050 North Horseshoe Drive, Suite 120 Naples, FL 34104 Office: 239.263.8989 Cellular: 239.821.0719 em ail: erica(iVenaplesflorida.com website: www.enaplesflorida.com Founded in 1976. the Economic Development Coullcil of Collier County is a not~lor-profit organization whose mission is 'To be an effective force in improving the quality of life for all people in Collier COUllty by promoting economic del'elopmellt initiatives which will diversify the economy. create high-wage vall/e- added jobs, increase the average wage, facilitate capital fonnation, preserve and enhance the natural environment, and enable all cOl/nty residents to have a meaningful opportunityfor upward mobili(v Agenda Item No. 16H10 October 24, 2006 ge 4 of 6 .....) ~,I' , .).rp '/r~ 1::\'01,'. I i "1"1' -I'f , ., I ECONOMIC DEVELOPMENT COUNCIL .m................_.. of ColI;<..- County. Florida Cio\,,'jng Creat Ideas Economic Development Council of Collier County Industry and Opportunity Tour - Eastern Collier County October 27, 2006 9:45 am Check-in at EDC. ~OSO N. Horseshoe Drive. Suite 120. Naples Board bus at EDC office 9:30 am 10:00 am Bus departs - Welcome & Brief tour overview Erica Cotto, Enterprise Development Manager Economic Development Council En route Rural Lands Stewardship Area Overview Speaker TBD WilsonMiller 10:50 am Immokalee - A Vision for the Future Richard Rice, Executive Director lmmokalee Chamber of Commerce 11:15 am Workforce Development Opportunities Thais Kouman, Resource Room Coordinator lmmokalee Career and Service Center 11:35 am Growing Small Businesses Dan Regelski, Director Julio Estremera, Certified Business Analyst Florida Gulf Coast Univeristy Small Business Development 11:50 am Break 11: 55 am Lunch Arrowhead Reserve Residential Community Tour of Community and Model Homes En Route Silver Strand Business Park Brian Goguen, Vice President of Real Estate This tour is brought to you bYl .. . Ba.rc<:>r1 ..~myJ; ~ a. Ba.rc<:>r1 r.-. . ~"'LI-.:-. m~r c.: Qrv1: :P.A:N I: .E S 12:30 pm COllIER ENTERPRISES MDG CAPITAL CORPORATION "1!1iIriiJ- AMERICA:S. . .. ~ FIRST HOME C:T"<.5J;yj.~_yy. '01"1\"1';'" 1)00.' .TILl'U."-IN(; D"lI"'/IIII.' 0." ,-' ., ,-,,', ".- H II- IE::: ...... ....... ~ ~- ~;U"'1O;t'. t "'I'~" s"..,......cJ..... Agenda Item No. 16H10 October 24,2006 ge 5 of 6 .....~'~ ..... ." ~ ,Jr.' + I :i '~~~~, 1:, ,.";,~I nt, " , 'I I ECONOMIC DEVELOPMENT COUNCil of Collier County, Florida Crowing Creat Ideas Barron Collier Companies 1:30 pm Ave Maria - Behind the Scenes Tour Brian Goguen, Vice President of Real Estate Barron Collier Companies 2:30 pm Florida Tradeport Masterplan Jim Kenney, Airport Manager Collier County Airport Authority 2:55 pm Salazar Maehinc & Steel, IneShovving Success - A Company Expands at the Florida Tradeport Pete Salazar III, President Salazar Machine & Steel, Inc. 3:25 pm Training & Manufacturing IRstit1:lteSpec Building Development Bob Juster, Chairman Training & Manufacturing Institute 3:40 pillEn Route Depart for EDC The New Town of Big Cypress Ovcrvic',.., Speaker TBD Collier Enterprises 4:40 pm Arrive at EDC This tour is brought to you by,;, ~ Barcc>r:J. IIIIDIl f- C> ~l}j~E t Jill Barr~ r.- . <=<<->ffi '~r c: c> l'v.1 P.A.t'f I. E. S COLLIER ENTERPRISES MDG CAPITAL CORPORATION ~~~~. <:r<:;-"0x:\r'~k 'ur1;"I"''': 1.00.. "11'111.1'<'" T>.r.~.""1' '.'. ,- ." .. " ,_" _'. ,. _ . LIE:...... .........A.~_ <,~z~'.Ih#. . ",.Iuz ""'4.~"',~., Agenda Item No. 16H10 October 24,2006 Economic Development Council of Collier County EASTERN COLLIER COUNTY INDUSTRY AND OPPORTUNITY TOUR , ~ ..../., ." , '1' I' ,,' 'I' :11 ECONOMIC DEVelOPMENT COUNCIL --- of Collier County, Florlda Crowing Creat Ideas ATTENDEE INFORMATION: Na mes: (!omml.5SlotVB< ,~ . Cf)/eita f)/$rtflcr.s Company Name: r!O//./€R (],ON7"",Y' "Phone number: (iM) 7,71 '-1'~9 / .;i~:.. Yt:)t/B!:NPlan- Email Jim c.o.~ I'll(? ~t!'/Pfff1t:JY;/1q- 'ifi' PAYMENT INFORMATION: ~.' "Ii:' 1 OCheck Exp Date~ I:' ~. Fax: 239-263-6021 - Phone: 239-263-8989 .., E-mail: erica@enaplesflorida.com Economic Development Council of Collier County 3050 North Horseshoe Drive, Suite 120 Naples, Florida 34104 Agenda Item No. 1611 October 24,2006 Page 1 of 4 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 24, 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) September 23,2006 through September 29,2006. (2) September 30, 2006 through October 6, 2006 B. Districts: (1) East Naples Fire Control and Rescue District: Final 2006-2007 General Fund Budget; Registered Office and Agent Letter; ~- Schedule of Regular Meetings and Workshops, FY 2006-2007; District Map; Five Year Plan for 2006-2007; Audited Financial Statements for FY ending September 2005. (2) Immokalee Fire Control District: Monthly Meeting Schedule; District Map. (3) Heritaoe Greens Community Development District: Meeting schedule FY 2007. (4) Golden Gate Fire Control and Rescue District: FY 2006-2007 Budget; Description of Outstanding Bonds Letter; FY 2006- 2007 meeting schedule; District Map; Registered Office and Agent Letter. C. Minutes: ,- (1) Golden Gate Estates Land Trust Committee: Minutes of July 24, 2006; Agenda of July 24, 2006; Agenda of September 25, 2006. H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\102406_misc_corr.doc Agenda Item No. 1611 October 24, 2006 Page 2 of 4 (2) Collier County Public Vehicle Advisorv Committee: Agenda of October 2, 2006; Minutes of September 11, 2006. (3) Collier County Plannina Commission: Agenda of October 5, 2006. (4) Golden Gate Community Center Advisorv Committee: Agenda of September 6, 2006; Minutes of September 6, 2006. (5) Environmental Advisory Council: Agenda of October 4, 2006; Minutes of September 6, 2006. (6) Collier County Citizens Corps Advisorv Committee: Minutes of September 20,2006; Agenda of September 20,2006. (7) Pelican Bav Services Division: Agenda of October 4, 2006; Agenda of September 6, 2006; Minutes of September 6, 2006; Statement of Revenues and Expenditures for Period Ending September 27, 2006. (a) Budaet Committee: Agenda and Minutes of September 6, 2006. (8) Bia Cypress Basin Board of the South Florida Water Manaaement District: Minutes of Workshop of August 3, 2006; Minutes of June 30, 2006. (9) Golden Gate M.S.T.U. Advisory Committee: Minutes of September 12,2006; Agenda of October 10, 2006; Budget of October 2005 through September 2006; Project Status Report. (10) Forest Lakes Roadwav and Drainaae M.S.T.U. Advisory Committee: Agenda of October 11,2006; Minutes of September 13, 2006; Budget of October 2005 through September 2006; Project Status Report. (11) Collier County Library Advisory Board: Agenda of September 27, 2006; Minutes of June 28, 2006. (12) Vanderbilt Beach M.S.T.U. Advisory Committee: Minutes of September 14, 2006; Agenda of October 5, 2006; Tax Analysis H:\DAT A\FRONT DESK - 2006\2006 Miscellaneous Correspondence\102406_misc_corr.doc Agenda Item No. 1611 October 24, 2006 Page 3 of 4 of 2005 versus 2004; Annual Tax Analysis Report; Project Status Report; Budget of October 2005 through September 2006. (13) Lely Golf Estates M.S.T.U. Beautification Advisory Committee: Agenda of October 19, 2006; Minutes of August 17, 2006; Project Status Report; Budget of October 2005 through September 2006. (14) Radio Road Beautification M.S.T.U. Advisory Committee: Minutes of September 19, 2006; Agenda of October 17, 2006; Project Status Report; Budget of October 2005 through September 2006. (15) Immokalee Beautification M.S.T.U. Advisory Committee: Agenda of October 18, 2006; Minutes of September 20, 2006; Budget of October 2005 through September 2006; Project Status Report. (16) Emerqency Medical Services Advisory Council: Minutes of September 27,2006. (17) Conservation Collier Land Acquisition Advisory Committee: Agenda of October 9, 2006; Minutes of September 11, 2006; Minutes of June 12, 2006; Minutes of July 10, 2006. (18) Productivity Committee: Agenda and Minutes of July 19, 2006; Agenda and Minutes of August 16, 2006. D. Other: (1) Collier County Tax Collector: Summary of Tax Certificates of 1995 through 2004 as of September 29, 2006. H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\102406_misc_corr.doc Agenda Item No. 1611 October 24, 2006 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: t611 Miscellaneous items to file for record with action as directed. 10/2412006 9:00-00 AM Prepared By Sam Tucker Board of County Commissioners Executive Aide to the Bee Date BCC Office 10/12/2006 9:02:22 AM Approved By Sue Filson Executiye Manager to the BCe Date Board of County Commissioners BCC Office 10/12/20069:36 AM Approved By James V. Mudd Board of County Commiss,oners County Manager Date County Manager's Office 10/121200610:56 AM Agenda Item No. 16K1 October 24, 2006 Page 1 of 19 -, EXECUTIVE SUMMARY Recommendation to authorize the making of Offers of Judgment to Respondent, Vision & Faith, Inc., for Parcels 719, 919, 840, 940, 742, 942, 943 and 843 in the amount of $63,581.00 in the lawsuit styled Board of County Commissioners v. Vision & Faith, Inc., et ai., Case No. 05- 1275-CA (South County Regional Water Treatment Wellfield Project #70892). (Fiscal Impact: $51,091.03, if offers accepted). OBJECTIVE: Approve and authorize the making of Offers of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Vision & Faith, Inc., in the total amount of $63,581.00 as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcels 719, 919, 840, 940, 742, 942, 943 and 843 in Board of County Commissioners v. Vision & Faith, Inc., et al., Case No. 05-l275-CA. - CONSIDERATIONS: On October 19, 2005, Collier County deposited $4,700 for Parcel 719, $600 for Parcel 919, $2,900 for Parcel 840, $9,100 for Parcel 742, $300 for Parcel 940, $4,100 for Parcel 942, $500 for Parcel 943 and $5,500 for Parcel 843 into the Court Registry (for a total of $27,700), and acquired title to the parcels in accordance with the Order of Taking entered on October 5, 2005. The subject parcels are located east of CR 951 and north of Rattlesnake- Hammock Road, within and adjacent to the current FPL utility easement. Parcels 719 and 742 are temporary construction easements, Parcels 840 and 843 are access easements and Parcels 919, 940, 942 and 943 are utility easements for water lines and a well site. Vision & Faith, Inc. has offered to settle the parcels for the following amounts: $15,073 for Parcel 719, $3,555 for Parcel 919, $14,457 for Parcel 840, $1,422 for Parcel 940, $24,225 for Parcel 742, $10,665 for Parcel 942, $2,844 for Parcel 943 and $28,914 for Parcel 843. This equates to a total of $101,155 for all parcels. These offers are based on a unit value of $237,000 an acre, which staff feels is not justified. The Office of the County Attorney would like to make Offers of Judgment in the total amount of $63,581.00, as full and reasonable compensation for the property taken, including interest and all damages. See the attached individual Offers of Judgment which specify the sum for each parcel. The making of the Offers of Judgment will require the Respondent to carefully assess its claims within 30 days. Respondent will have thirty days from the date of mailing the offer to accept. If the offer is not accepted and Respondent fails to recover more than , the amount offered for each parcel, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent after the date of the offer's rejection. Should the Respondent accept, the County will be required to pay as follows: . Additional Compensation Parcels 719, 919, 840, 940, 742, 942, 843,943 . Attorney's Fee $ 35,881.00 TOTAL: $ 15.210.03 $ 51.091.03 ,- Agenda Item No. 16K 1 October 24, 2006 Page 2 of 19 Attached are the proposed Offers of Judgment. Attorney's fees are mandated by 73.092, Fla. Stat., and are based on a percentage of the difference between the settlement amount and the original offer (e.g., $63,581 - $17,490 x 33% = $15,210.03). The Office of the County Attorney and staff believe these offers to be reasonable. FISCAL IMPACT: Funds in the amount of $51,091.03 are available in Project #70892, South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20-MGD. Source of funds are Water Impact Fees. GROWTH MANAGEMENT IMP ACT: This item is included in the 2005 Water Master Plan update adopted by the Board of County Commissioners on June 6, 2006, item lOB, and will further the goals and policies of the Collier County Growth Management Plan. RECOMMENDA TION: That the Board of County Commissioners: 1. Approve and authorize service of the Offers of Judgment; 2. Approve entry of a Stipulated Final Judgment and expenditure of the funds, should the offers be accepted. PREPARED BY: Ellen T. Chadwell, Assistant County Attomey ".,."",,, ,i."...'".... lIem Number: lIem Summary: Meeting Date: Agenda 118m No. 16K1 Oclober 24, 2006 Page 3 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K1 RecommendatIOn to authorize the making of Offers of Judgment to Responden!, Vision & Faith. Inc. for Parcels 719. 919, 840, 940. 742, 942. 943 and 843 in the amount of $63.58100 in the lawsuit styled Board of County Commissioners v Vision & Faith, Illc. at aI., Case No. 05-1275-CA (South County Regional Water Treatment Wellfield Project #70892) (Fiscal Impact $51,091.03. if offers accepted). 10/24/20069:00:00 AM Assistant County Attorney Date Prepared By Ellen T. Chadwell County Attorney County Attorney Office 9/28120061:08:51 PM Water Director Date Approved By Paul Mattausch Public Utilities Water 9/2812006 1 :52 PM Operations Director Date Approved By Thomas Wides Public Utilities Public Utilities Operations 10/4120064:27 PM Public Utilities Engineering Director Date Approved By Roy 8, Anderson, P.E. Public Utilities Public Utilities Engineering 1016120065:14 PM Approved By Sr. Project Manager Date Porfirio E. Gramatges, P.E. Public Utilities Public Utilities Engineering 10/9/2006 8:28 AM Public Utilities Administrator Date Approved By James W. DeLony Public Utilities Public Utilities Administration 1019/2006 9:08 AM Assistant County Attorney Date Approved By Ellen T. Chadwell County Attorney County Attorney Office 1019/20069:20 AM County Attorney Date Approved By David C. Weigel County Attorney County Attorney Office 10/111200611:10 AM Administrative Assistant Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 10111120062:43 PM Susan Usher Senior ManagemenUBudget Analyst Date Approved By County Manager's Office Office of Management & Budget 10113/20068:29 AM Approved By Management & Budget Director Date Michael Smykowski County Manager's Office Office of Management & Budget 10/13/20068:55 AM Approved By County Manager Date James V. Mudd Board of County Commissioners County Manager's Office 10/13120069:37 AM Agenda Item No. 16K1 October 24,2006 Page 4 of 19 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNrY, FLORIDA, as the Governing Body of Collier County and as Ex-Officio Governing Board of the Collier County Water-Sewer District, Petitioner, Case No. OS-127S-CA-CAE v. Parcel No.: 719 VISION & FAITH, INC., et aI, Respondents. I OFFER OF JUDGMENT TO: Vision & Faith, Inc. c/o Brian P. Patchen, Esq. Law Office of Brian P. Patchen WOO Brickell Avenue, Suite 1112 Miami, FL 33131-3014 Petitioner, BOARD OF COUNfY COMMISSIONERS OF COLLIER COUNfY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to Respondent, VISION & FAITH, INC., for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, statutory interest, and any other claims of Respondent, VISION & FAITH, INC, arising out of the taking of Parcel 719, in the total amount of Nine Thousand Three Hundred Sixty-Five and NollOO Dollars ($9,365.00), for Parcel 719, which includes the amount of $4,700.00 which was deposited pursuant to the Order of Taking dated October S, 200S. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorney's fees and costs. Agenda Item No. 16K 1 October 24, 2006 Page 5 of 19 The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent's review upon reasonable notice of such a request. Dated this day of ,2006. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: ELLEN T. CHADWELI@ Florida Bar No. 983860 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Vision & Faith, Inc., c/o Brian P. Patchen, Esq., 1000 Brickell Avenue, Suite 1112, Miami, FL 33131-3014, on this _ day of ,2006. ELLEN T. CHADWELL Agenda Item No. 16K1 October 24,2006 Page 6 of 19 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the Governing Body of Collier County and as Ex-Officio Governing Board of the Collier County Water-Sewer District, Petitioner, Case No. 05-1275-CA-CAE v. Parcel No.: 843 VISION & FAITH, INC., et al, Respondents. I OFFER OF JUDGMENT TO: Vision & Faith, Inc. c/o Brian P. Patchen, Esq. Law Office of Brian P. Patchen 1000 Brickell Avenue, Suite 1112 Miami, FL 33131-3014 Petitioner, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to Respondent, VISION & FAITH, INC., for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, statutory interest, and any other claims of Respondent, VISION & FAITH, INC, arising out of the taking of Parcel 843, in the total amount of Eighteen Thousand Three Hundred and NollOO Dollars ($18,300.00), for Parcel 843, which includes the amount of $5,500.00 which was deposited pursuant to the Order of Taking dated October 5, 2005. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorney's fees and costs. Agenda Item No. 16K1 October 24,2006 Page 7 of 19 The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent' 5 review upon reasonable notice of such a request. Dated this day of ,2006. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: ElLEN T. CHADWELL(jJ Florida Bar No. 983860 ATTORNEY FOR PETITIONER CERTIFICA TE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Vision & Faith, Inc., c/o Brian P. Patchen, Esq., 1000 Brickell Avenue, Suite 1112, Miami, FL 33131-3014, on this _ day of ,2006. ELLEN T. CHADWELL Agenda Item No. 16K1 October 24,2006 Page 8 of 19 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the Governing Body of Collier County and as Ex-Officio Governing Board of the Collier County Water-Sewer District, Petitioner, Case No. 05-1275-CA-CAE v. Parcel No.: 840 VISION & FAITH, INC., et al, Respondents. I OFFER OF JUDGMENT TO: Vision & Faith, Inc. c/o Brian P. Patchen, Esq. Law Office of Brian P. Patchen 1000 Brickell Avenue, Suite 1112 Miami, FL 33131-3014 Petitioner, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to Respondent, VISION & FAITH, INC., for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, statutory interest, and any other claims of Respondent, VISION & FAITH, INC, arising out of the taking of Parcel 840, in the total amount of Nine Thousand One Hundred Fifty and No/loo Dollars ($9,150.00), for Parcel 840, which includes the amount of $2,900.00 which was deposited pursuant to the Order of Taking dated October 5, 2005. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorney's fees and costs. Agenda Item No. 16K1 October 24, 2006 Page 9 of 19 The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent's review upon reasonable notice of such a request. Dated this day of ,2006. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: ELLEN T. CHADWELL(f) Florida Bar No. 983860 ATTORNEY FOR PETITIONER CERTIFICA TE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Vision & Faith, Inc., c/o Brian P. Patchen, Esq., 1000 Brickell Avenue, Suite 1112, Miami, FL 33131-3014, on this _ day of ,2006. ELLEN T. CHADWELL Agenda Item No. 16K1 October 24,2006 Page 10 of 19 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the Governing Body of Collier County and as Ex-Officio Governing Board of the Collier County Water-Sewer District, Petitioner, Case No. 05-1275-CA-CAE v. Parcel No.: 942 VISION & FAITH, INe., et aI, Respondents. / OFFER OF JUDGMENT TO: Vision & Faith, Inc. c/o Brian P. Patchen, Esq. Law Office of Brian P. Patchen 1000 Brickell Avenue, Suite 1112 Miami, FL 33131-3014 Petitioner, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to Respondent, VISION & FAITH, INe., for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, statutory interest, and any other claims of Respondent, VISION & FAITH, INC, arising out of the taking of Parcel 942, in the total amount of Six Thousand Seven Hundred Fifty and NollOO Dollars ($6,750.00), for Parcel 942, which includes the amount of $4,100.00 which was deposited pursuant to the Order of Taking dated October 5,2005. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorney's fees and costs. Agenda Item No. 16K1 October 24, 2006 Page 11 of 19 The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent's review upon reasonable notice of such a request. Dated this day of , 2006. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: ELLEN T. CHADWELL tB Florida Bar No. 983860 ATTORNEY FOR PETmONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by u.s. Mail, to: Vision & Faith, Inc., c/o Brian P. Patchen, Esq., 1000 Brickell Avenue, Suite 1112, Miami, FL 33131-3014, on this _ day of ,2006. ELLEN T. CHADWELL Agenda Item No. 16K1 October 24, 2006 Page 12 of 19 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the Governing Body of Collier County and as Ex-Officio Governing Board of the Collier County Water-Sewer District, Petitioner, Case No. 05-1275-CA-CAE v. Parcel No.: 742 VISION & FAITH, INC., et al, Respondents. / OFFER OF JUDGMENT TO: Vision & Faith, Inc. c/o Brian P. Patchen, Esq. Law Office of Brian P. Patchen 1000 Brickell Avenue, Suite 1112 Miami, FL 33131-3014 Petitioner, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to Respondent, VISION & FAITH, INC., for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, statutory interest, and any other claims of Respondent, VISION & FAITH, INC, arising out of the taking of Parcel 742, in the total amount of Fifteen Thousand Sixty-Six and NollOO Dollars ($15,066.00), for Parcel 742, which includes the amount of $9,100.00 which was deposited pursuant to the Order of Taking dated October 5, 2005. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorney's fees and costs. Agenda Item No. 16K1 October 24,2006 Page 13 of 19 The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent's review upon reasonable notice of such a request. Dated this day of ,2006. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: ELLEN T. CHADWELL @ Florida Bar No. 983860 ATTORNEY FOR PETmONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Vision & Faith, Inc., c/o Brian P. Patchen, Esq., 1000 Brickell Avenue, Suite 1112, Miami, FL 33131-3014, on this _ day of , 2006. ELLEN T. CHADWELL Agenda Item No. 16K1 October 24,2006 Page 14 of 19 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the Governing Body of Collier County and as Ex-Officio Governing Board of the Collier County Water-Sewer District, Petitioner, Case No. OS-1275-CA-CAE v. Parcel No.: 919 VISION & FAITH, INC., et aI, Respondents. / OFFER OF JUDGMENT TO: Vision & Faith, Inc. c/o Brian P. Patchen, Esq. Law Office of Brian P. Patchen 1000 Brickell Avenue, Suite 1112 Miami, FL 33131-3014 Petitioner, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to Respondent, VISION & FAITH, INC., for all compensation, including severance damages, .business damages, costs to cure, together with the value of the taking, statutory interest, and any other claims of Respondent, VISION & FAITH, INC, arising out of the taking of Parcel 919, in the total amount of Two Thousand Two Hundred Fifty and NollOO Dollars ($2,250.00), for Parcel 919, which includes the amount of $600.00 which was deposited pursuant to the Order of Taking dated October 5, 2005. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorney's fees and costs. Agenda Item No. 16K 1 October 24, 2006 Page 15 of 19 The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent's review upon reasonable notice of such a request. Dated this day of ,2006. OAACEOFTHECOUNTYATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: ELLEN T. CHADWELL ci3 Florida Bar No. 983860 ATTORNEY FOR PETITIONER CERTIFICA TE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Vision & Faith, Inc., c/o Brian P. Patchen, Esq., WOO Brickell Avenue, Suite 1112, Miami, FL 33131-3014, on this _ day of ,2006. ELLEN T. CHADWELL Agenda Item No. 16K1 October 24,2006 Page 16 of 19 IN THE CIRCillT COURT OF THE TWENTIETH JUDICIAL CIRCillT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the Governing Body of Collier County and as Ex-Officio Governing Board of the Collier County Water-Sewer District, Petitioner, Case No. 05-1275-CA-CAE v. Parcel No.: 940 VISION & FAITH, INC., et aI, Respondents. / OFFER OF JUDGMENT TO: Vision & Faith, Inc. c/o Brian P. Patchen, Esq. Law Office of Brian P. Patchen 1000 Brickell Avenue, Suite 1112 Miami, FL 33131-3014 Petitioner, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to Respondent, VISION & FAITH, INC., for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, statutory interest, and any other claims of Respondent, VISION & FAITH, INC, arising out of the taking of Parcel 940, in the total amount of Nine Hundred and No/tOO Dollars ($900.00), for Parcel 940, which includes the amount of $300.00 which was deposited pursuant to the Order of Taking dated October 5, 2005. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorney's fees and costs. Agenda Item No. 16K1 October 24, 2006 Page 17 of 19 The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent's review upon reasonable notice of such a request. Dated this day of ,2006. OFFICE OF THE COUNTY A ITORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: ELLEN T. CHADWELL Qk.J Florida Bar No. 983860 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Vision & Faith, Inc., c/o Brian P. Patchen, Esq., 1000 Brickell Avenue, Suite 1112, Miami, FL 33131-3014, on this _ day of , 2006. ELLEN T. CHADWELL Agenda Item No. 16K1 October 24,2006 Page 18 of 19 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the Governing Body of Collier County and as Ex-Officio Governing Board of the Collier County Water-Sewer District, Petitioner, Case No. OS-1275-CA-CAE v. Parcel No.: 943 VISION & FAITH, INC., et aI, Respondents. / OFFER OF JUDGMENT TO: Vision & Faith, Inc. c/o Brian P. Patchen, Esq. Law Office of Brian P. Patchen 1000 Brickell Avenue, Suite 1112 Miami, FL 33131-3014 Petitioner, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to Respondent, VISION & FAITH, INC., for all compensation, including severance damages, busines~ damages, costs to cure, together with the value of the taking, statutory interest, and any other claims of Respondent, VISION & FAITH, INC, arising out of the taking of Parcel 943, in the total amount of One Thousand Eight Hundred and NollOO Dollars ($1,800.00), for Parcel 943, which includes the amount of $500.00 which was deposited pursuant to the Order of Taking dated October S, 200S. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorney's fees and costs. Agenda Item No. 16K1 October 24,2006 Page 19of19 The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent's review upon reasonable notice of such a request. Dated this day of ,2006. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY; ELLEN T. CHADWELIW Florida Bar No. 983860 ATTORNEY FOR PETITIONER CERTIFICA TE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Vision & Faith, Inc., c/o Brian P. Patchen, Esq., 1000 Brickell Avenue, Suite 1112, Miami, FL 33131-3014, on this _ day of ,2006. ELLEN T. CHADWELL Agenda Item No. 16K2 October 24,2006 Page 1 of 9 .- EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment for Parcel Nos. 138 & 139 in the lawsuit styled CC v. Ronen Graziani, et aL, Case No. 06-0548-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact $40,300.00) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment for payment of full compensation, expert fees and costs, for the taking of Parcel Nos. 138 and 139 in the lawsuit styled CC v. Ronen Graziani, et ai., Case No. 06-0548-CA (Santa Barbara Boulevard Project No. 62081). CONSIDERA TIONS: Prior to suit, staff offered the Respondent, First Baptist Church of Golden Gate, Inc., $220,000. After meeting with the church and learning of its pending plan amendment, a revised offer of $319,500 was made. The County acquired the subject property by entry of an Order of Taking and by depositing the sum of $297,200. The County and Respondent have negotiated the proposed settlement of $329,500 as full compensation for the taking of Parcel Nos. 138 and 139. In addition, the settlement provides for payment of attorney's fees and appraisal fees and costs in this case. If approved, the County will pay the following costs: .- · Additional Compensation: · Appraisal Fees: · Negotiated Attorney's Fees*: TOTAL $32,300.00 $ 5,000.00 $ 3.000.00 $40,300.00 *The Respondent has waived statutory attorney's fees which would have exceeded the $3,000 agreed upon. Attached is the Stipulated Final Judgment. FISCAL IMPACT: Funds in the amount of $40,300.00 are available in the FY 2007 adopted budget. Source of funds are Impact Fees and/or Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Stipulated Final Judgment as to Parcel Nos. 138 and l39; 2. Approve the expenditure of funds as stated. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney 06-0548-CAl142 ,-. Item Number: Item Summary: Meeting Date: Agenda Ilem No. 16K2 October 24, 2006 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K2 Recommendation to approve a Stipulated Final Judgmenl tor Parcel Nos. 138 & 139 in the lawsuit styled CC v. Ronen Graziani. et aI., Case No. 06-0548-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact $40.300.00) 10124/20069:0000 AM Assistant County Attorney Date Prepared By Ellen T. Chadwell County Attorney County Attorney Office 10/10/20061:44:28 PM Norm E. Feder, A1CP Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin. 10/10/20061:51 PM Lisa Taylor Management/Budget Analyst Date Approved By Transportation Services Transportation Administration 10/10/20063:58 PM Kevin Hendricks Right Of Way Acquisition Manager Date Approved By Transportation Services TECM-ROW 10/10/2006 4: 12 PM Najeh Ahmad Director Date Approved By Transportation Services Transportation Engineering & Construction Management 10/11/20061:51 PM Ellen T. Chadwell Assistant County Attorney Date Approved By County Attorney County Attorney Office 10111120062:11 PM Sharon Newman Accounting Supervisor Date Approved By Transportation Services Transportation Services Admin 10/11/20064:55 PM David C. Weigel County Attorney Date Approved By County Attorney County Attorney Office 101121200611:38AM OMS Coordinator Administrative Assistant Date App roved By County Manager's Office Office of Management & Budget 10/12120062:58 PM Susan Usher Senior ManagemenUBudget Analyst Date Approved By County Manager's Office Office of Management & Budget 10/13120068:35 AM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 10/13/20069:39 AM Approved By James V. Mudd Soard of County Commissioners County Manager Date County Manager's Office 10/16/2006 12:06 PM Agenda Item No. 16K2 October 24, 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, v. Case No. 06-0548-CA RONEN GRAZIANI, et aI., ParceI(s): 138, 139 Respondents. / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, and Respondent, FIRST BAPTIST CHURCH OF GOLDEN GATE, INC. (hereinafter "FIRST BAPTIST"), by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels 138 and 139, 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, FIRST BAPTIST, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent FIRST BAPTIST have and recover from Petitioner the sum of Three Hundred Twenty Nine Thousand Five Hundred and NollOO Dollars ($329,500.00) for Parcels 138 and 139, inclusive of the good faith estimate of value of $297,200.00 deposited by Petitioner, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcels; it is further 1 Agenda Item No. 16K2 October 24,2006 Page 4 of 9 ORDERED that Respondent, FIRST BAPTIST, receive from Petitioner as a reasonable attorney's fee the sum of Three Thousand and NollOO Dollars ($3,000.00); it is further ORDERED that Respondent, FIRST BAPTIST, receive from Petitioner as a reasonable appraisal fee the sum of Five Thousand and No/tOO Dollars ($5,000.00); it is further ORDERED that Petitioner shall pay, within thirty (30) days hereof, the total sum of Forty Thousand Three Hundred and No/tOO Dollars ($40,300.00) made payable to Kim Charles Hornbach, Esq., Trust Account, c/o Kim Charles Hornbach, 5455 Jaeger Road, Suite B, Naples, Florida 34109-5805, for disbursement of compensation and costs in accordance with this order; it is further ORDERED that title to Parcels 138 and 139, perpetual, non-exclusive road right-of-way, drainage and utility easements, being more fully described in Composite Exhibit "A" and attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated July 18,2006, and the deposit of money heretofore made, is approved, ratified and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 4014, Page 2954, et seq., of the Public Records of Collier County, Florida be dismissed as to Parcel 138 and 139; 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, c/o Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney, 3301 East Tamiami Trail, Naples, FL 34112, less any sums retained by the Clerk of Courts up to 10% in accordance with Section 28.33, F.S.; it is further 2 Agenda Item No. 16K2 October 24, 2006 Page 5 of 9 ORDERED that Petitioner, upon proper application for the necessary permit, shall allow the relocation of Respondent, FIRST BAPTIST's sign, which existed on Parcel 138 as of the date of the taking, to a place as indicated on the drawing attached hereto as Exhibit "B," as long as the sign is not located less than ten (10) feet from the western boundary of Parcel 138 (new right-of-way line); 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 at Naples, Florida, on this day of _,2006. Cynthia A. Ellis Circuit Court Judge Conformed copies to: Ellen T. Chadwell, Asst. County Attorney Kim Charles Hornbach, Esq. Kevin Hendricks, TranslECMlROW A Bookkeeping 3 Agenda Item No. 16K2 October 24,2006 Page 6 of 9 ~10INT MOTION FOR STIPULATED FINAL JUDGMENT WHEREFORE, Petitioner, COLLIER COUNTY, together with Respondent, FIRST BAPTIST CHURCH OF GOLDEN GATE, INC., hereby respectfully move this Court for an entry of the foregoing Stipulated Final Judgment as to Parcels 138 and 139. Dated: Dated: ELLEN T. CHADWELL, ESQ.@' Florida Bar No. 0983860 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Phone (239) 774-0225 - Facsimile Attorney for Petitioner KIM CHARLES HORNBACH, ESQ. 5455 Jaeger Road, Suite B Naples, Florida 34109-5805 Attorney for Respondent, FIRST BAPTIST CHURCH OF GOLDEN GATE, INC. (239) 592-9828 - Phone (239) 596-0019 - Facsimile CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Joint Motion for Stipulated Final Judgment has been furnished via U.S. Mail to Kim Charles Hornbach, Esq., 5455 Jaeger Road, Suite B, Naples, Florida, 34109-5805 on this day of ,2006. ELLEN T. CHADWELL 4 , I. I Agenda Item No. 16K2 October 24, 2006 Page 7 of 9 " .~ J.JO.OO' (PtAT) 1 107 107.1 SOUTH 150' NORTH 180' OF mACT 107 OF TRACT 107 ~ !li ~ :-< ... ~ " ~ .:1 .::!. 2 PERPrnJAL. ROi4D .R-o.&. AND EASS/ENT ItIMItE.FEET .~ EAST UNE OF SEen 29 SANTA BARBARA BOULEVARD 1 2 J ~r--- r--!I I ODIC.. :ICO llRN'HIC SCAt.E GOLDEN (W4 If' fS If'S UNIT- 30. PLA T BOOK PAce 58 106 106.1' PROPOSE() R. O. W. VSEMCi 5 6 GOLDOI CAlf' UNIT 6. PLAT BOOK S, PAG,ES 124-134 Ga.IJEN CAlF CITY UNIT 6. PLAT 800K ~ PAGES 124-131 BLOCK 225 lEGAL D€SlRIP71ON BfJNG THE: ItES:T 54 mT OF THe CAST 107 FEET OF THf SOUTH 7Sf) FEET OF TRACT 101. COl.DCN GA7e ESTA TES UNIT 30, Pl.A T BOOK 7. PA(;f 58. COl.UfR COUNTY. FLORIDA CONTAINING 8.'100 SOUARE FEET MORE OR LESS. SUBJECT TV EASEMENTS d: RESTRICTIONS OF RECORD. EXHIBIT A I P~,l ~..2 . . J ..- .....;!)\~ i'.,r',"j .0 .. o'J:" ,1"'. ,f' {.,.,. , '. ... !'ImT 'A~ ~ .:.- 'J':'''' .! F '--1',,' '..... fRD>~~ en;, '1fO.!.. i'-' ~ ':, r: .J.. {' L', '. U. .........' /' . ".r;. "', ...., . . r '. Si/RJIrnJR, ~ IlAPPfR Fl.CJrlDA REQS ,U' P627" NOr\~uD'~'~~r'IfE~m,AND ____.... SEAl.ED'/ff1H THE ~.f..~ ~ ::=.r-::m'::l:.. . CERFlFTCATE: or AU1HORIZAlI.OI{rUi':'fJ. -......_!"""JIIC . ~.:: - NO.1 62OB1 I'IIICQ. NO.! 138 lUHll ' COUJER COUNTY TRANSPORTATION. ~'IJ~S{lll" MI~e'-' ..........- m;:'GlNEERlNG 4 CONSTRUCTION IrIANAGEMENT DIVISION , SKFTr;H AND: DESCRIPTION BDNt; PART OF THE: SOOTH '.50' OF llfAcr '07, -.._.llooIo;IoU...........L.uldoorpo_.~......- t:iOLOCN GA7C CSTATES UNIT JO, PUor BOO/( 7, PAGE: !JS, ......1dl=~.~.~ '. . ..,,, """"i:CT c:;e.COIJNTY. na: _.... 11U_ .....,J.o......,..__.__.J'tr~._-... 1H/2002 N6022'-002-0ro-WHWP us OF xxx 2GG-20.J .lulII,'2002 - 09:11:25 .Il~\5lIR\N1022\SII.lch Of OcscrlpUans\Submnled\2llg203s138.ilw1l LEGEND: ....." " """ "'I ft'C'~T ~~~!NT R.a. II: - RIGHT OF !rAY ") Agenda Item No. 16K2 October 24,2006 Page 8 of 9 ., 107 SOUTH 150' OF TRACT 107 ~. ~ '=1 107.1 NORTH 180' OF TRACT 107 ~ -r-- ~ . >>10 _ GRAPHIC SCALt I - JJO.OO' (Pl.AT) 1 GOLDEN GA 1F!S TES UNiT 3D, PLAT BOOK PACE 58 2 II 1'01 ~ ~ -:1 106 106.1 . , ..0..- I , G 53' tASEurNT O. If. PURPOSES PeR PLA T) GOLOCN GA TE: UNiT 6. PLAT BOOK S, PAGes 124-134 cAST U, OF SEC.T1ON 29 SANTA BARBARA :.. :"il~ ~. ~~ 2 COLDeN GArr CITY UNIT 6, PLAT BOOK 5, PAGfS 124-134 BLOCK 225 LEGAL DESCRIPTION . BaNG T7-fE ItE'ST 54 FEET OF THE EAST 107 fEET. Of THE .NORT7-f 780 FeET OF TRACT 707, GCX.lJDI GA 1F ESTA res UNIT 30, PLA r BOOK 7. PACE 58. COLLIER COUNTY. FLORIDA 1 3 4 5 CONTAINING 9,720 SQUARE FEET MORt OR LESS. . . SUBJfCT' TO EASEMENTS &- RESTRfCnONS OF RECORO. . EXHIBIT A I f~ 2~ . . ''':''' . . . .' " '0. . . ," .,~;'''',. ::':1 . I W . . ... iNtJ'f '.,4 simWi-:........ . . .. ~ n I, ~.. . . PREPARiD.' sri : '.. . iid.. .' I, . .~. %.' It ui .n ' .. c " . . --Ii,' .. . "r' i':' . .....' ".~... . LEGEND: ....., '" " ',-,,~ flffll'bmr ~~ R.o.lK '. RIGHT OF WA Y r t:,.ll . .1: IIAPPER . FLORIDA; ~. d/t/5fZ'l: . Nor VALID uNiisS.5iiiiiiBY. !!!! SURlflt1'i' Aim _,. __ fII_ SEAUD.M1If THE siJRPf1iii!f~ srAI.. ~::M":i:r CERF1FIC.HE: OF AU7HOl71ZATlo../H~.. -~".""*"tJSf.... PROJECt HOol 52081 NII<Il. WOo. 139 coon. COLUER CWNTY TRAHSPCRTAnOH, . .."... 10'1 .-........- ENClNEERlNQ 4: COHSTRucnOH MNlAGaIENT DMSlON . "."SIIlI.,.,Jler ~D . '. Be7N(;'P~~~~~~CT 107. . _..........~.....:;........_.~_ GCI.DE1I ~ll" ESTAll"S UNIT .10, Pl.ATBOOK 7. PAGf::ia. l'/IoanIlIor. tic. ctJLUE1/ COUNTY, ftORJlM .....lIofJ4oa._._.." . aaro ""'-'ECt... . 11Im _ ru... ..titIlraUrIll.IIPoI__.__....._.II!oH't__ tu!ZOO2 N6022-002-01O-TOHWP lJ9 OF xxx 200-203 No. 13, = ..: ';:4&.34 UOUEl1lX:\SUI\/lIlOZ1\Skc'dl DI DosalpllOJlll\&Jbmlll.d\2Vg2l)3&139.ctog ,- 1- I ,.~. -'. :. ~i"tJ!:I"'41 '43" E: --, ", S 89 <>40 '50 rI E: -~~ ' , 804.48' M. 857.24' P. "';; ':"T " "rND.i:":~" , . iR. #59iJ2.' 1.25'EOF~ '. . ~'''. . .pt~'~O LDc..A'tlo,.:) tJf ~~ ~ft;f'J "" TRACT 107 . - :." ....:.UI :. .: 54.00' ',' .. .,' . . . .40. '.., . ..0 4' HIGH-CHAIN ~ LWK FENCE ~ THE WEST 64i=Eb- OF . 'E EAST 107 FEET,OF 10T "-- 255.24' P. C'r) 255.01'M. ...:, FND. 4/1 DIA. CM. NO I.D. 588.9' WELL -t8J METAL SHED ESTATES 'E22 Ssg.40'04"E SETtl2' '. I.R. #7502 FND. 518- LR. L85982 0.07' SOUTH 1.59' ~T S89.38'43"E 24.72' M. mo. 3" X3" eM #4504 ~ ~ , ~~ . 24' INGRESS/EGRESS ~ ~ EASEMENT. O.R. BOOK ~ \'I') 2047, PAGE 0345 . FND. 4" DIA. C.M. NOLO. OTt PLAT 22 P. .C/)Ct) l::lQ .cJ~ ~~ " " ~~ g~ ~~ q,~ ~:tJ LOT2 KALAVRlTNOS ESTATES PB 25, PAGE 22 Il.IIlJ bfo ,...,~ ~e:, . ~ C)<:) <::;;e LOT2 TRACt'108 REPLA T PB 19, PAGE 54 S:~ . .. ~~ ~fi C)Q Cl)tI) FORMERLY LOT t TRACT 108 REPLA T PH 25, PAGE 22 SETt/2. I.R. #7502 FND. a.xa" . eM #4504 1'!89.10'55'W FND. NAIL & DIS/( NO J.D. @CIL ')) N89040'50" W P,,& M. B"R" 546.99' M. 547.00' P. PAINTED LEAF LANE 60' WIDE FND. NAJL & DISK NO I.D. @ Cll. -- EXHIBIT IV '~ ( ~' ... (;:) ~ ... ~ .r IC ~ C I: ~ -c; ~ C r-s l:::) C C1) ~ Q , (... ...... < "J ~ .J Agenda Item No. 16K3 October 24, 2006 Page 1 of 7 EXECUTIVESU~RY Recommendation that the Board Ratify and Authorize the County Attorney's Retention of Norman W. Thabit, an Expert Witness for the County in Dwieht E. Brock. Clerk of Courts v. Collier County. Florida. Board of County Commissioners of Collier County. Florida. as Ex- Officio Governine Board of The Ochopee Area Fire Control & Emereencv Medical Care Special Taxine District. A/KIA The Ochopee Fire District: Linda T. Swisher and Paul W. Wilson. - Case No. 04-941-CA consolidated with Board of County Commissioners of Collier County. Florida vs. Dwieht E. Brock. Clerk of the Circuit Court of Collier County. Florida Case Number 05-953-CA consolidated with Case No. 05-1506-CA; Exempt the County Attorney from the Purchasing Policy if and to the Extent the Purchasing Policy is applicable and Authorize the County Attorney to Sign any necessary Retention Documents OBJECTIVE: For the Board to ratify and authorize the County Attorney's retention of an expert witness to research and, as necessary and appropriate, provide testimony in regard to the above pending litigations as to the following areas: 1. 2. 3. ~. 4. 5. Constitutional and statutory authority under Chapter 125 relating to the Board of County Commissioners; Requirements to perform internal audit functions on another governmental agency; Other government audit requirements relating to pre-audit, internal audit; Post audit as described in the Florida Constitution for the Clerk and the Attorney General's Opinion 1986-38; Government audit standards on Independence (June 2003 Comptroller General of the United States); and Component units of the primary government. County Attorney requests an exemption from the Purchasing Policy, (Section VII. H.), if and to the extent the Purchasing Policy is applicable, and authorize the County Attorney to sign any necessary retention documents. CONSIDERATIONS: The Clerk has retained a similar expert named Daniel O'Keefe. This matter is set for trial to begin on November 27,2006. Because of the extreme urgency of these matters and because it is in the best interests of the County, the County Attorney's Office recommends the Board exempt it from following any potentially applicable Purchasing Policy procedures. At this time, the County Attorney's Office recommends the Board ratify and authorize the retention of Norman W. Thabit, CPA as an expert witness to research and, as necessary and appropriate; provide testimony in regard to 1.) Constitutional and statutory authority under Chapter 125 relating to the Board of County Commissioners; 2.) Requirements to perform internal audit functions on another governmental agency; 3.) Other government audit requirements relating to pre-audit, internal audit; Post audit as described in the Florida Constitution for the Clerk and the Attorney General's Opinion 1986-38; 4.) Government audit standards on Independence (June 2003 Comptroller General of the United States); and 5.) Component units of the primary government. Mr. Thabit is a Certified Public Accountant and is an ,,-.- 1 Agenda Item No. 16K3 October 24,2006 Page 2 of 7 expert in this area. The retention agreement is attached hereto as Exhibit "A", and Mr. Thabit's resume is attached hereto as Exhibit "B". FISCAL IMPACT: Mr. Thabit's current hourly rate is $150.00 per hour when required to be in attendance at court session, $200.00 an hour when testifying in open court and $l50.00 an hour for review of documents as well as travel expenses, to include room, meals, tolls, and mileage in accordance with Florida Statutes and rates established by the Collier County Board of County Commissioners. A substantial number of hours are likely to be incurred. The costs for these fees will be paid from the Risk Management's Property & Casualty Fund, Fund No. 516. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Recommendation that the Board ratify and authorize the County Attorney's retention of expert witnesses for the County in Dwight E. Brock. Clerk of Courts v. Collier County. Florida. Board of County Commissioners of Collier County. Florida. as Ex-Officio Governing Board of The Ochopee Area Fire Control & Emergency Medical Care Special Taxing District, AIKIA The Ochopee Fire District: Linda T. Swisher and Paul W, Wilson. - Case No. 04- 94l-CA consolidated with Board of County Commissioners of Collier County. Florida vs. Dwight E. Brock. Clerk of the Circuit Court of Collier County. Florida Case Number 05-953-CA consolidated with Case No. 05-l506-CA; exempt the County Attorney from the Purchasing Policy,(Section VII. H.), if and to the extent the Purchasing Policy is applicable and authorize the County Attorney to sign any necessary retention documents. PREPARED BY: Jacqueline Williams Hubbard, Assistant County Attorney ,.."...., 2 Item Number: Item Summlry: Meeting Cite: Agenda Item No. 16K3 October 24, 2006 Page 3 of 7 COLLIER COUNTY BOARC OF COUNTY COMMISSIONERS 16K3 Recommendation that the Board Ratify and Authorize the County Attorneys Retention of Norman W Thabit, an Expert Witness for the County in Dwight E Brock, Clerk of Courts v. Collier County, Florida, Board of County Commissioners of Collier County, Florida, as Ex- Officio Governing Board of The Ochopee Area FIre Control & Emergency Medical Care Special Taxing District, AIKIA The Ochopee Fire Dlstnct; Linda T SWisher and Paul W Wilson. Case No. 04-941-CA consolidated with Board of County Commissioners of Collier County, Florida vs. DWight E. Brock, Clerk of the Circuit Court of Collier County, Florida Case Number 05-953-CA consolidated with Case No. 05-1506-CA; Exempt the County Attorney from the Purchasing Policy If and to the Extent the Purchasing Policy is applicable and Authorize the County Attorney to Sign any necessary Retenllon Documents 10/24/2006900:00 AM Assistant County Attorney Date Prepared By Jacqueline W. Hubbard County Attorney County Attorney Office 10/12/20063:38:08 PM David C. Weigel County Attorney Date Approved By County Attorney County Attorney Office 10112120063:39 PM OMB Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 1011212006 3:48 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 10/13120068:28 AM James V. Mudd County Manager Date Approved By Board of County Commissioners County Manager's Office 10/13/20068:52 AM Agenda Item No. 16K3 October 24,2006 Page 4 of 7 ~nan, ~i4 ?3~ 2406 Key Largo Lane Fort Lauderdale, Florida 33312 Phone (954) 581-0258 Fax (954) 584-9866 ............!'!T!z.c:~i.~.~!:1@:1!:!I~.C?.'!:.t.~:.!!e.~........... ENGAGEMENT LETTER August 8, 2006 7671 Dat~~!Xc From (YJ.t~ Co. Jacqueline Williams Hubbard, Assistant County Attorney 3301 East Tamiami Trail Naples, Florida34112 Re: Board of County Commissioners of Collier County, Florida vs. Dwif!ht E. Brock, Clerk of the Circuit Court orCollier Countv, Florida Case Number 05-953-CA consolidated with Case No. 05-1506-CA And Dwif!ht E. Brock. Clerk of Courts ,\!, Collier County. Florida, Board of County Commissioners of Collier County, Florida, as Ex-Officio Governinf Board orThe Ochopee Area Fire Control & Emergencv Medical Care Special Toxin$! District, A/K/A The Ochooee Fire District; Linda T. Swisher and Paul W. Wilson Case No. 04-941-CA I am pleased to confirm my understanding of the services I am to provide for the Collier County Attorney's Office as an expert witness pertaining to litigation between the Collier County Clerk of the Circuit Court and the Collier County Board of County Commissioners, The services to be provided, if available, shall include a review of all documents submitted to me from the County Attorney's Office, review of Florida Statutes as to the Clerk's legal requirements and authority for auditing, review of AlCP A Audit Standards and Government A udit Standards, review of Collier County's most recent budget and External Audit Report, and any other related documents not currently disclosed Provide expert testimony related to the above subject matter upon proper notification and request, In consideration for the services rendered by N W. Thabit, CPA, (Consultant) the feesfor the above services shall be asfallows: One Hundred and Fifty ($150,00) an hour w hen required to be in attendance at Aug 09 2008 9:58AM H.THABIT,CPA =- _ ...~~....-l m ..~ iurGI-08 If 13411I FrDrCo11 ilr Cauntr AHDlnlY .. Agenda Item No. 16K3 954-584-9888 October 2.p,..2lJ06 D....,..,... r:;i1i.f'.' --IDII-.r .... --- ._JII HUDEZ' 1-4DI P. DOJIoal F-IIT r Cr:nR't 8,,$8/011. Two Hrmdr<<d (SZOO. 00) D~UfU,f an 1J000r wh." rurt/Yt"8 in op.n COIUI ,,,d , 1$0.00 an hOll.r for rMtIW af doC""""118, Tnrwi "PfI'UU. to '"clud. 'oom, "..als. toll,. and millJlJge in accordance with Flori. SttIfUtu and raru fl.rta~li:sh,d &y lh~ Coll',r COlmt)' BQard QfCt1Unry Com",I$.io",,,.J. ' ...." lrwoic, 6h,,1111, submtlTed Q,/t.r aU suvices have b..n ns"tUred b)J "N. w: ~611. ""....I_. ,Thu....m.nll. rJfOt:ttvc ~ m/tt:l1'lrIN. Jv. ""'bit, CPA Colli,,. County A.rt017lft)! . ,h"I.L-8f' S? . .:J.. C/O ~: Dare . O~ 'l-O (" 2 Agenda Item No. 16K3 October 24,2006 Page 6 of 7 9J{;JJla'll' (W/!!Ji;;6itj ?5{{P:!J!t 2406 Key Largo Lane Fort Lauderdale, Florida 33312 Phone (954) 581-0258 Fax (954) 584-9866 NThabitCPA @Bellsollth.Net PROFESSIONAL QUALIFICATIONS N W THABIT CPA DEPT. OF B USINESS AND PROFESSIONAL REGULATIONS CERTIFIED PUBLIC A CCOUN TANT/1978 LICENSE NO. AC-0006974 SOLE PRACTIONER LICENSE NO. AD-0018227 EDUCA TION. MEMBERSHIPS, AND COMMITTEES BBA/MARSHALL UNIVERSITY, HUNTINGTON, W VA. MEMBER OF THE AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS (AICP A) LIFETIME MEMBER OF THE SOUTHEASTERN INERGOVERNMENTAL AUDIT FORUM CURRENTLY SERVING ON COMMITTEES WITH THE CITY OF FT LA UDERDALE. FL: A UDIT ADVISORY BOARD COMMITTEE FIRE RESCUE BOND BLUE RIBBON COMMITTEE EXPERIENCE TITLE YEARS DATES OF SERVICE EMPLOYERS Sole Proprietor 3 July 1, 2003/current Self Employed Commission Auditor 23 Dec. 1 980/June 2003 Broward Co. Board of County Commissioners Asst. Commission Auditor 2 July 1978/Dec. 1980 Broward Co. Board of County Commissioners Agenda Item No. 16K3 October 24, 2006 Page 7 of 7 Sr. Staff Auditor State of Florida 13 1965/1978 Auditor General State of Florida PROFESSIONAL RESPONSIBILIES/SOLE PROPRIETOR Assisting clients in response to audit findings by governmental agencies, conducting agreed upon procedures for governmental entities, preparation of personal, partnerships, and corporation tax returns, and other financial matters on investments and insurance. PROFESSIONAL RESPONSIBILITIES FOR BROW ARD COUNTY Provided financial oversight for Broward County with an annual budget of two billion plus dollars. Responsibilities included conducting audits, reviews, and monitoring governmental revenues, expenditures and budgets. Monitoring activity included reviews of financial statements of non profit agencies, enterprise funds, governmental funds, constitutional officer's financial reports, and other agencies receiving funds from the County, as well as federal and state grants. Written and verbal reports were provided to the commission on a routine and special basis. Evaluations were made on a continuous basis of internal controls (administrative and fmancial), expenditures, contracts, personnel, assets, and other related matters. Compliance with state laws, county rules, regulations, ordinances, policies and legal opinions were examined as related to audits, revenues, expenditures, assets, and liabilities. PROFESSIONAL RESPONSIBILITIES FOR AUDITOR GENERAL Conducted financial and compliance audits of State Agencies, Florida Atlantic University, Broward Community College, Constitutional Officers, School Boards, etc. Audits included examination of accounts and records in accordance with generally accepted governmental audit standards in order to express an opinion on Financial Statements. Agenda Item No. 17 A October 24,2006 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve Petition A VESMT -2006-AR-9916-lmperial Wilderness Storage Maintenance Parcel to disclaim, renounce and vacate the County's and the Public's interest in a 400-foot long portion of a 65 foot wide drainage easement in the West one-half of the Southwest Quarter of Section 12, Township 51 South, Range 26 East, Collier Cou nty, Florida. OBJECTIVE: To adopt a Resolution to vacate a 400-foot long portion of a 65 foot wide drainage easement in the West one-half of the Southwest Quarter of Section 12, Township 51 South, Range 26 East, Collier County, Florida. CONSIDERATIONS: Petition AVESMT-2006-AR-9916-lmperial Wilderness has been received by the Engineering Services Department from Tim Johns, Manager, as agent for the petitioner, for Imperial Wilderness Condominium Association. _ Letters of no objection have been received from applicable divisions/entities. 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 October 24, 2006 Page 2 of 6 RECOMMENDATIONS: 1. Adopt the Resolution for Petition AVESMT-2006-AR-9916-lmperial Wilderness Storage- Maintenance Parcel to vacate a 40Q-foot long portion of a 65 foot wide drainage easement in the West one-half of the Southwest Quarter of Section 12, Township 51 South, Range 26 East, Collier County, Florida. 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: Stephen A. Higgins P.S.M., Engineering Services Department .-""',......~ Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No. 17 A October 24, 2006 Page 3 016 17A This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members Recommendation to approve Petition AVESMT -2006-AR-9916- Imperial Wilderness Storage Maintenance Parcel to disclaim. renounce and vacate the Countys and the Publics Interest in that portion of a 65 foot wide drainage easement in the West one-half of the Southwest Quarter of Section 12, Township 51 South. Range 26 East Collier County, Flonda 10124120069:00:00 AM Date Prepared By Stephen Higgins Community Development & Environmental Services Surveyor COES Engineering Services 9122/2006 9:43:26 AM Constance A. Johnson Date Approved By Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 9/22120062:36 PM Date Approved By John Houldsworth Community Development & Environmental Services Senior Engineer Engineering Services 9/25/2006 8:01 AM App roved By Date Thomas E. Kuck, P,E, Community Development & Environmental Services COES Engineering Services Director CDES Engineering Services Approved By 10/4/20069:18 AM Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services. Admin. Date 10/10/200611:05 AM OMB Coordinator Date App roved By County Manager's Office Administrative Assistant Office of Management & Budget 10/11120062:38 PM Mark Isackson Date Approved By County Manager's Office Budget Analyst Office of Management & Budget 10/11/20063:13 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 10/11/20064:35 PM WEST ONE-HALF OF THE SOUTHWEST QUARTER f- Z W,... :Et'- wlf) (.I)C> <I:- w- l.:l wo.. l.:l , <I:(J'o Zo -(\J <I:_ Cl! ~ti , ci Ifl~ \D ."'. 1lt:1 I\lU. I I t\ October 24,2001:> Page 4 of D ~ N o EXHIBIT "A" SKETCH AND DESCRIPTION OF A DRAINAGE EASEMENT TO BE VACATED PART OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA ~ I"'l (.I) -j r Z I"'l 0 "'T'J Vl I"'l n -j ..... 0 z - ^ ro 910'~/- u., \D 11 12./L - 14 13 v IMPERIAL WILDERNESS 1,310'+/- 400' PORTION OF 65' DRAINAGE EASEMENT TO BE VACATED 400' SOUTH LINE OF SECTION 12 - If) ..0 PORTION OF 65' DRAINAGE EASEMENT TO BE VACATED -------------------------------------------------------------------- A PORTION OF A DRAINAGE EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 1209, PAGE 1057, SECTION 12, TO'WNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLO'WS' THE SOUTHERLY 65 FEET OF THE EASTERLY 400 FEET OF THE 'WESTERLY 1,310 FEET OF SAID SECTION 12. CONTAINING ~~O OF AN ACRE OF LAND MORE DR LESS; SUBJECT TO ~-SEMENTS AND RESTRICTIONS OF RECORD, AGNoLI, BARB R &c BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS &c SURVEYORS AND MAPPERS for: A ",[I BY_________~~ _________________________ GUY p, ADAt'1S P.LS. NO, 4390 \ \ !pro ject: IMPERIAL WILDERNESS IMPERIAL WILDERNESS SKETCH AND DESCRIPTION OF PART OF SECTION 12, /date: TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AUG. 29, 2006 scale: book: 1 "= 1 00' page: NQT A...-SURVEY title: OOOCi\. CcaD c c c c GNOU 0000013 COODO c c C D c iARBER & ODDDDCI3 OOODOO CD D D D D RUNDAGE, INC. Professional engineers, planners, & land surveyors Collier County: Suite 200, 7400 T8.D1i8.D1i Trail. North; Naples. FL 34106 (239)597-3111 Lee County: 9990 Coconut Road. Suite 103. Bonita Sprinp. FL 34135 (239)948-6663 Certificate of Authorization Nos. LB 3664 and EB 3664 Fax: (239)566-2203 pro ject nO':06-0088 acad: 9541-50 view: file no: 9541 <(c.Dc.D 1:;:;.$5'0 JI.[) .:tG.> -N OJ E.....ro G.>G.>(L ..... ..0 -0 -i!5t5 cO G.> 0) <( .... z.... 1!f5 ~~ _0: ~> ~o: "- a.. < ~ ~ '" " 11l "' ~ " " G: 1Il 1Il UJ z.... ffif5 g~ ;co: -"> < . ffiO: a. ;!i eg i1~ ;!<e Ill' 08 is ~; I; l!s;;l ~ffi ~~ ~~ 3II1~O 3IIll \f3~~ ;notOS 0.1 10ft / - z- 1: a.. < ~ N " ~ N " il il " " ~ 1J m _ ~ :ll Z o - ~ u ~o -I ~ G ~h N ~t::..... ~u u1!l... ~~~ N 11;- ill (loSl'll'o) , \ ~ ::: ~ ~ ~ ~ < " '" ~ N ::l Agenda Item No. 17 A October 24, 2006 Page 6 of 6 RESOLUTION NO. 06-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVESMT-2006-AR-9916, DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A 400-FOOT LONG PORTION OF A 65 FOOT WIDE DRAINAGE EASEMENT LOCATED IN THE WEST ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, AND AS FURTHER DESCRIBED IN EXHIBIT 'A'. WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Petitioner, Imperial Wilderness Condominium Association, has requested the vacation of a 400-foot long portion of a 65 foot wide Drainage Easement located in the West one-half of the Southwest Quarter of Section 12, Township 51 South, Range 26 East, Collier County, Florida, specifically described in Exhibit 'A'; and WHEREAS, the Board has this day held a public hearing to consider the aforementioned vacation request, and notice of said public hearing was given as required by law; and WHEREAS, the granting of Petitioner's request will not adversely affect the ownership or right of convenient access of the property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in the drainage easements 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 benefit. 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; to publish notice of adoption of this Resolution within thirty (30) days of adoption; and to record such proofs of publication as required by Section 336.10, Florida Statutes. 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 Approved as to form and legal sufficiency: By: Jeff E. Wright Assistant Collier County Attorney Agenda Item No. 178 October 24,2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve Petition A VESMT -2006-AR-1 0083, The Rookery at Marco to disclaim, renounce and vacate the County's and the Public's interest in a portion of a fifteen-foot wide Collier County utility easement as recorded in O.R. Book 1664, Page 1963, Public Records of Collier County, Florida, and more specifically described in Exhibit "A". OBJECTIVE: To adopt a Resolution to vacate all that portion of a fifteen-foot wide Collier County utility easement as recorded in O.R. Book 1664, Page 1963, Public Records of Collier County, Florida, and more specifically described in Exhibit "A". CONSIDERATIONS: Petition AVESMT-2006-AR-10083, The Rookery at Marco has been received by the Engineering Services Department from Hole Montes, Inc., as agent for the petitioner, Cornerstone Real Estate Advisors, Inc., Jerome Speltz, Vice President. Letters of no objection have been received from applicable divisions/entities. ,- 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. .,.-. Agenda Item No. 178 October 24, 2006 Page 2 of 7 LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution and associated legal documents. RECOMMENDATIONS: 1. Adopt the Resolution for Petition AVESMT-2006-AR-10083, The Rookery at Marco to vacate a portion of a fifteen-foot wide Collier County utility easement as recorded in O.R. Book 1664, Page 1963, Public Records of Collier County, Florida, and more specifically described in Exhibit "A". 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: Tonia Leavitt, Operations Analyst, Engineering Services Department "_. Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17B Agenda Item No, 178 OClober 24, 2006 Page 3 of 7 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition AVESMT -2006-AR-l0083, The Rookery at Marco to disclaim, renounce and vacate the Cauntys and the Publics interest in a portion of a fifteen-fool wide Collier County utility easement as recorded in O.R Book 1664, Page 1963, Public Records of Collier County, Flonda, and more specifically described In Exhibit A 10/24/2006 9:00.00 AM Date Prepared By Stephen Higgins Community Development & Environmental Services Surveyor COES Engineering Services 9/2512006 1 :04:31 PM Constance A. Johnson Date Approved By Community Development & Environmental Services Operations Analyst Community Development & Emlironmental Services Admin. 10/3/20068:37 AM Date Approved By Thomas E. Kuck. P.E. Community Development & Environmental Services COES Engineering Services Director COES Engineering Services Approved By 10/4/20069:19 AM Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin, Date 10110/2006 11 :06 AM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 10/11/20062:39 PM Mark Isackson Date Approved By County Manager's Office Budget Analyst Office of Management & Budget 10/11/20063:22 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 10/11120084:37 PM LEGAL DESCRIPTION No. 17B October 2 ,2006 Pag 4 of 7 THIS IS NOT A SURVEY LEGAL DESCRIPTION (COUNTY UTILITY EASEMENT VACATION) A PARCEL OF LAND LYING IN SECTION 14. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY CORNER OF GOLF COURSE PARCEL 4, MARCO SHORES UNIT 30 GO~F COURSE, AS RECORDED IN PLAT BOOK 17, PAGES 98 THROUGH 103, OF THE PUBliC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG ThE NORTHERLY RIGHT OF WAY LINE OF CLUB CDHER BOULEVARD, N.SO'13'17"W. FOR 80D,51 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY 150.10 FEET, ALOI-.JG THE ARC OF A T,l\NG!:NTIAL CIRCULAR CURVE TO THE L!:n. HIWING A RAD;US OF 4,050.00 FEET. THROUGH A CEf'>TRAL ANGLE OF 02'07'25" .AND BEING SUBTEI,DED BY A CHORD WHICH BEARS NS1'16'S9"W. FOR 15009 FEET, TO THE SOUTHEASTERLY CORNER OF A COLLIER UTILITY EASEMENT. AS DESCRIBED IN OFFCiAL RECORDS BOOI< i 164, PAGE 1963 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE ALONG THE EASTERLY PERII,lEER OF SAID COLLIER UTILITY EASEIv:ENT, THE FOLLOWING TWO (2) DESCRIBED COURSES; (1) THENCE N.40'59'57"E. FOR 227.82 FEET; (2) THENCE S.49':'0'00"E. FOR 147.80 FEET, TO THE POINT OF BEGINNING OF THE PORTION OF THE EXISTING COLliER UTILITY E ASEME~!T TO BE VACATED AS DESCRIBED HeREIN; THENCE LEAVING SAID COLliER UTiLITY E4SEMDH P::RII,1ETER ~J.40''O'00''E. FOR 15.00 FEET, TO A POINT ON THE NORTHERL Y BOU~"DARY OF SAID COLLIER UTILITY EPSEMENT; THENCE A.LONG SAID COLLIER UTiliTY EASD,iENT PERI~1ETER, -HE FOLLCVM,G F;VE (5) DESCRiBED COCRSES; (1) THENCE S.49'50'00"[ FOR 59.37 FEET; (2) THENCE N85'30'00"E. FOR 5042 FEET; (3) THENCE S.04'30'00"E FOR 1500 FEET; (4) THENCE S.8S'30'00"W. FOR 56.58 FEET; (5) THENCE N49'50'00"W. FOR 65.53 f-EET; TO THE POINT OF BEGINNING OF THE PARCEL DESCRiBE:) HEREIN CON T AINING 1,739 SOJ -'IRE FEET. I"ORE OR LESS SUBJECT TO EASEMENTS AND RESTRICTIc)~JS 0'- REC'ORD BEARiNGS ARE BASED ON THE NORTHERc Y RIGI-iT OF WAY L'I"E OF CeUB CENTER BOULEVARD AS EElNG fJSO'13'17"W. AND MAPPER LS# 5278 RA.ISED SEAL PREPAR[O ~OR: HEN,,!ING C':),,\lSTRUCPON Q.\2005\05 coseo! Roclcery ill Marco Ck:bhou~'!! ["p (H~nf'lIng)\0005 F"Pl Utility [o'u""ent\CUE 'Jocotio"dw9 12/'\4/2005 9:07:47 AM EST Di\XZAINC. Plmutillg . , V lsualization CONSULTING Gvil Engineering .&. "" , ~ JL. Sur""!'"g &. M::rpl'!!1g DATE: CUENT' 12/'4/05 I-J/A HENNING CONSTRUCTION LEGAL DESCRIPTION OF C.U.E, VACATION SCAlE QRAI't'N ar TITLE- CAJ 6610 Willow PatJ.r. Drive, Suite 200 Naoles, Flonca 34109 Phone: (239) 597.0575 FAX: (239) 597-0518 CHECf':ED I3Y; J_J.H SEe ,tiP R:::C PROJECT 14 51$ 26[ NUM8::R~ OS-00ge.01 I ~~~~ER: 1 OF 2 I PILE I NUMBER: 0006 ~ , I t:J:.1\\ olT A A nda Item No. 178 October 2 ,2006 Pag 5 of 7 THIS IS NOT A SURVEY N +1 " W _ E SKETCH OF DESCRIPTION s GOLF COURSE PARCEL 4 MARCO SHORES UNIT ::)0 GOLF COURSE BOOK 17, PAGES 98-103 o , ~o 60 , GRAPHIC SCALE 1"~ 60' GOLF COURSE PARCEL 4 MARCO SHORES UNIT 30 GOLF COURSE PLAT BOOK 17, PAGES 98-103 ~ ./ " .rr ~/ ~ ~c " '<(v. 1& 'V~ ,-'^ -1 > ,,<J S/,s Ji~ (/0;;:--26, o/.~ ~ 1/ 1i3:~ <,Vii &('.,,&00 /. FIDDLE'\S CREEK, "I'>."('/i> "?/1t?'/ (""--" PH':"SE III, 0", " <9/ ,s.;..... UNIT ONE, '~;;~ '-.., TRACT:=- -26 " '-... "-........... ~ ~ "'~ / / LINE L1 L2 L3 L4 L5 L5 Llr-JE TABLE BEARING N40"0'00"E 549'50'00"[ N8S'30'00"E 504'30'OO"E 585'30'OO"W N49'SO'OO"W LENGTH 1500 59.37 50.42 15.00 5658 6553 P.O.C. 50U-HERL Y CORNER COLF COURSE PARCEL 4 i..iARCO SHORES UNIT 3C GOLF COURSE PLA1 BOOK 17, Pt..C::S 98-.:03 ft86REVIA TIONS: PO.C = POINT OF COMMENCEMENT P.OB. = POINT OF BEGINhllNG C.UL = COeLlER UTiliTY EASEMENT ti = CENTERLINE OF ROAD o \2005\05-0088 01 Rl)(l\r...r)' "" Uorco ClubholJse ElI:p (Hennif1q)\OOOE F"PL UI1IiI)' Eoeem~nl\CU.E vocoUon dW9 12/14/2005 9; C7: 47 A~ EST D~"1" TAINC. I \1\/ ~ ~~Iion CONSULTING Ci\iJ Enginocring ~ ....., T.I.. .JL Surveying & M1Jppillf! D~TE' 12/14/05 SCALE: 1~~6D' CLIENT: O~AWN BY: C.A J TiTLE HENNING CONSTRUCTION SKETCH OF LEGAL DESCRIPTION C,U.E. VACATION 661 a WillOW Park Drive, Suite 200 Naples, Fiorida 34109 Pho~: (2391597'057$ FAA: (239) 597-0578 CHECk:f;D a,.; JJ.H. SEC' lWP RGE: PROJE"CT 14 515 26E NUMBER 05-0088,01 I SHEET NUM8ER- 2 OF" 2 F"ILE NUMBER: 0006 ~ COCOI'-- 1'--0_ .,.-00 .NCO OV'ID ZN OJ E.....co IDIDQ.. _.0 -0 co- -0(.) cO OJ OJ <{ \ J j V <;!'~4~ 11;1"'( il~~) ;\() :. \ " ~ \ \ .\\ I \\'i \ -A \ ',\ '. \ \ \\ \, , \\ ~ '" ) 1 ) (^""'" " I // ...., ';/ // /--..) ') / /1,/ /1 ( \.:'~::::; // / / /'/ ~~~5" ') ///!/ J ~l!i ( // /~j ) L~ ) :::g';i I ! ,':f,P ~ 1/;\ (/ """ I \ . ~/ ,.:"" I ., 'i ;, '-..-"" I / .f/,\ ~ I' i J <I; \ ) /\ ' / /_'i' .. ",----, i ""'. / . <-I i i .....,. // i (\ ,,/ /1 / \ /" /' / / / r! 1 ,,/ //~ ___./" // /11,. / / .. .. / I \ ! I j' I .. '.. '''T-/' ,I !_____ , / / \1 ~ ) r-111 ,I ...\ .. I \ ' , , I ' I I /"-------,":' \ \ I - \ I "'..,\ I ; I' J ) ~ 'j " / ". \ '--J ~ " \ \ : . \ ....--' "-\ - " / \ ; / /.. ;/ / / , ! /. I ' , \ \/ \~~~ ~.. .. Zl.>l ~~~~ ~i~~ -< z o w - I-!;( mO o -' \ f",-" ../ '" ......-\ ", \ \ \'~ \ \ " '. \ \ """" . \ \ ..........., ':::\ \ ..... ,',\ \ ..... ::",~\ "", .. \ \ \ \ ." "\. \,\.:. \ \ . ,':" , \ \'\\~\ '......... \ ,,\~ \ ",- / \ \\\ '.~ )\ \(\ '-", ,I) \/-.. "'.., /. ,.".....~ I '! ! "..... " f /{f /" '\~'" .' ;-1. !i / , ,~I t; ,./ t +..:,.~ '- 6i ; / //~..I {:~-:~~~~,.'>,,, 7'~-; / /' .~~~~4;~:.~:;" ~'>, / I / ,/~i:'/;.,>y ...~..' /~'--~.J<;~/!vf!!~?:'/.<(:~'- ""-, ......"-.... "-....1 / j / / .I .I J''i'.:S ~. lV~ -' I- ---__L.____~_ I I h-;~~~~,~ I I I I ,- ~ i . ~I'-~ '_::r"~; ; ! / " I i';!,.:'"" ~~'ll :-/ I' -'-- 'i~"~:b~~,'~.'- o V\ " ". ~ ., ._-~_-1__---+--+-+- I '>. '\i, · ~ J j ~)\'" 'II :\", r:::!,' \- I' !;\ ~. \i,\." ~l=;--- I ~ . 'l.L l!=-_-\.~'_.'-~",;, '. C U i ..-r-'---I-~:rf.J \. </'( ;~~ ~:- J ~~. ~ '1 .' '\ ~~\::; \ I.~ ') c~)i-;{-:J/;~ ;; ~ ! ~ I ~ I r ~t( '1 i "\~3b~~\~JjL ..~, ---1. 1~53,\{211 i fow~~! -'4~---J '\. '\------."r----., -'-:--~"""]I '-t-~-~--_. -~r7~~,:.t=(t~~~~, " if :1. "'C''''''." .''''' ,J >, '_. ~!:' r: \,-,.,:.--. ~ c! ":.' ~1f~/~:j-' ~~ . "'"\ -" -'. -, \, I .r,<' ....,_, , " ~3 ~J ..~ _ ~--=~"~ -~jl/- ;C'~~ ~~ \ !I{( ~ ~ J[ -,-- ,~:~,:: J ~(, ~ _~ I ~ !l__--~-v~T - .' : ,?'" ! /i I I ~ I I I I ~ >l " ~! ~ /f/1.~ // q~ ~ 1/ ~ "/,f t N 10;1 ~~ 2~ ~11J. ", "',~:\.,j _I~"\ a.. <( ~ lJJ I- - CI) ~~I ..<( >::t: !Il' , , LL =!II.J u:.:: l!;g ~o:; ,..IJJ ~i= c... <( ~ z o I- <( u o ....J Agenda Item No. 178 October 24, 2006 Page 7 of 7 RESOLUTION NO. 06-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVESMT.2006-AR.10083, DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A FIFTEEN.FOOT WIDE COLLIER COUNTY UTILITY EASEMENT AS RECORDED IN O.R. BOOK 1664, PAGE 1963, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A". WHEREAS, pursuant to Sections 336.09 and 336,10, Florida Statutes, Petitioner, Cornerstone Real Estate Advisor, Inc, has requested the vacation of a portion of a fifteen-foot wide Collier County utility easement as recorded in O.R. Book 1664, Page 1963, Public Records of Collier County, Florida, and more specifically described in Exhibit "An. WHEREAS, the Board has this day held a public hearing to consider the aforementioned vacation request, and notice of said public hearing was given as required by law; and WHEREAS, the granting of the vacation request 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 interest in the 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 benefit. 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, to publish notice of adoption of this Resolution within (30) days of adoption; and to record such proofs of publication as required by Section 336.10, Florida Statutes. 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 Approved as to form and legal sufficiency: By: Jeff E. Wright Assistant Collier County Attorney Agenda Item No. 17C October 24,2006 Page 1 of 7 -- EXECUTIVE SUMMARY Recommendation to approve Petition A VROW-2006-AR-9674 Lucerne Road to disclaim, renounce and vacate the County's and the Public's interest in the 46-foot wide strip of Lucerne Road right-of-way immediately adjacent to Block 115, Golden Gate Portion 4, according to a map thereof, as recorded in Plat Book 5, Pages 107, ET SEQ., of the Public Records Collier County, Florida. OBJECTIVE: To adopt a Resolution to vacate the 46-foot wide strip of Lucerne Road immediately adjacent to Block 115, Golden Gate Portion 4, according to a map thereof, as recorded in Plat Book 5, Page 107 of the Public Records Collier County, Florida. CONSIDERATIONS: Petition AVROW-2006-AR-9674 Lucerne Road has been received by the Engineering Services Department from Agnoli Barber & Brundage, Inc., as agent for the petitioner, Collier County Facilities Management Dept., Larry R. Harris, P.E. Letters of no objection have been received from applicable divisions/entities, with the following stipulation from Transportation Services, Sprint, Time Warner and FPL. .--.. That all necessary roadway changes (and the associated costs) to change the existing westbound lanes to two-way traffic are the responsibility of the petitioner. These items could include re-striping, paving, new signage, drainage revisions, possible reconstruction of the existing median opening on Coronado Parkway for alignment purposes, lighting changes construction of new sidewalk facilities and landscaping. That the petitioner include all of the changes to the roadway in the Site Development Plans and that the work within or connecting with the County's right-of-way follow the Right-of-Way Permitting ordinance. A utility easement shall be provided to Sprint, Time Warner and FPL for existing facilities. 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. Agenda Item No. 17C October 24, 2006 Page 2 of 7 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. RECOMMENDATIONS: To vacate the 46-foot wide strip of Lucerne Road immediately adjacent to Block 115, Golden Gate Portion 4, according to a map thereof, as recorded in Plat Book 5, Page 107 of the Public Records Collier County, Florida. 1. Adopt the Resolution for Petition AVROW -2006-AR-9674, Lucerne Road. 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: Stephen A. Higgins P.S.M., Engineering Services Department ...."..." Item Number: Item Summary: Meeting Date: Agenda Item No, He October 24, 2006 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17C This Item reqUires that all participants be sworn In and ex parte disclosure be provided by Commission members, Recommendation to approve Petition AVROW-2006-AR-9674 Lucerne Road to disclaim, renounce and vacate the Countys and the Publics interest in a portion of Lucerne Road adjacent to Block 115, Golden Gate Portion 4, according to a map thereof. as recorded In Pi at Book 5, Pages 107 of the Public Records Collier County, Florida, 10/24/20069,00,00 AM Surveyor Date Prepared By Stephen Higgins Community Development & Environmental Services COES Engineering Services 9/21/2006 1 :55:22 PM App roved By Senior Engineer Date John Houldsworth Community Development & Environmental Services Engineering Services 9/221200610:20 AM Constance A. Johnson Date Approved By Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 9/22/2006 11 :21 AM Thomas E, Kuck, P,E. CDES Engineering Services Director Date App roved By Community Development & Environmental Services GOES Engineering Services 10/4/20069:17 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Dole Community Development & Environmental Services Admin. 10/10/2006 11 :02 AM OMS Coordinator Administrative Aftsistant Date Approved By County Manager's Office Office of Management & Budget 10/11/20062:37 PM Mark Isackson Budget Analyst Date A pp roved By County Manager's Office Office of Management & Budget 10111/20063:08 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10111120064:28 PM ------ ------ '- '- BLOCK 116 LUCERNE ROAD ~genda I m No (VACA TED PORTION) ober 24, Page /' ~ /' 17C 006 of 7 /' ~ N o SCALE: 1" = 117' LUCERNE ROAD (PORTION TO BE VACA TED) (0.66 ACRES ::t) ~ C1 C2 C3 C4 C5 .aa..IA 2'50'27. 32"54'51- 33'03'56- 8427'49- 88'09'54- NORTHERL Y BOUNDARY LINE TABLE ~ ~ BEARING L1 46.00 S 34'40'48- E CURVE TABLE &J2lJJS ~ 898.17 44.53 1064.74 611.65 1018.74 587.92 25.00 36.85 25.00 38.47 .cJ::JQBQ <<.53 603.27 579.79 33.61 34.78 GOLDEN GA TE UNIT 4 (P.B. 5, PGS. 107-116) BLOCK 115 P.O.B. SOUTHWESTERL Y CORNER BLOCK 115 ~ C'O,p, "NOR""'AS""'-' R.O.W. UNE '-. O~ '< '-. "Ala ~ ~~~ ....,;- " " / ;~:f.~t-.J,./ / ri~' / ./ ~:~ ./ J. P.O.B. = POINT OF BEGINNING. / GO"'() ./ 4. R.O.W. = RIGHT-OF-WAY. / S. BEARINGS ARE BASED ON THE PLA T OF GOLDEN GA TE UNIT 4, AS RECORDED IN PLAT 800K 5. PAGES 107-116, COLLIER COUNTY. FlORIDA. -----I """'- ~ GENERAL NOTES: " 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. CURVF DIMENSIONS ARE AS FOLLOWS: /). :: DElTA ANGLE. R :: RADIUS. A = ARC DISTANCE. CH = CHORD DISTANCE AND CHB = CHORD BEARING CHORD BEARING S 64'20'19- E N 38"57'46. E N 38'4714- E N 19"58'39- W N 21'40'36. W ./ / ./ / THIS LEGAL DESCRIPTION AND SKETCH PREPARED 8Y: CUENT: 8. S. S. W. ARCHITECTS TITlE: SKETCH AND DESCRIPTION OF PART OF LUCERNE ROAD OF THE PLAT OF GOLDEN GATE UNIT 4 (P.B. 5. PGS. 107-116) COLUER COUNTY, FLORIDA UNDAGE.-. hofeaJoDal eDCInM.... pIazuw.... a. !aDd .......70... ~ =:: ~=:'-= --=. -=:::::.-: 1::=:::::: -....__a__._ ....(Nl___ PROJ. NO.: 05 0165 SHEET NO.: 1 OF 2 ACAD NO: 9346-5Q FILE NO: 9346 .. REFERENCE ABB PROJECT 18308 .. - 1?C October 24, 006 Page of? LEGAL DESCRIPTION ALL ~T PART OF LUCERNE. ROAD. GOLDEN GATE UNIT of. AS SHOWN ON THE PL.A T THEREOF AND AS RECORDED IN Pl.AT BOOK 5. PAGE 1t>>. PUBUC RECORDS OF COWER COIMTY. FLORIDA. BEING MORE PARTICUtARL Y DESCRIBED AS FOLLOWS; BEGlNNtNGAT A SOIJTHWESTERL Y CORHER OF BLOCK 115 OF THE AFOREMENTIONED Pl.AT. SAID CORNER ALSO LYING ON THE SOVTHEASTERL Y UHE OF LUCERNE ROAD AS SHOWN ON THE AFOREIIENTlONED PlAT AND ALSO LYING ON THE NORTHEASTERLY LJNE OF CORONADO PARKWAY AS SHOWN ON THE AFOREMENTIONED Pl.AT AND ALSO LYING ON THE ARC OF A CURVE CONCAVE SOUTHWESTERLY AND WHOSE RADIUS BEARS SOUTH 2roof'5S" WEST A DISTANCE OF 898.17 FEET; THENCE ALONG THE NORTHWESTERL Y EXTENSION OF SAID NORTHEASTERL Y LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL. ANGLE OF 2. 5lJ' 27" AN ARC DISTANCE OF 44.53 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AHO HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88"OS'S4" AN ARC DISTANCE OF 36.47 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERL Y AND AND HAVING A RADIUS OF 10fU.7of FEET SAID CURVE ALSO BEING ,",.00 FEET NORTHERL Y FROM AND CONCENTRIC WITH THE NORTHlERY UNE OF SAID TRACT 115; THENCE NORTHEASTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3r54'51" AN ARC DISTANCE OF 611.85 FEET; THENCE L6\VING SAID CONCENTRIC CURVE SOUTH :U.40'offJ" EAST A DISTANCE OF 46.00 FEET TO AN I/tITERSECTtON WITH THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERL Y AND WHOSE RADIUS BEARS SOUTH :U"40'of8" EAST A DISTANCE OF 1018.7of FEET SAID ARC BEING THE NORTHERL Y BOUNDARY OF SAID BLOCK 115; THENCE SOUTHWESTERLY ALONG SAID HORTHERI. Y UNE AND ALONG THE ARC OF SAID NON- TANGENT CURVE THROUGH A CENTRAL. ANGLE OF 33.03'51" AN ARC DISTANCE OF 587.(12 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERL Y AND HAVING A RADIUS OF 25.00 FEET: THENCE CONTINUING ALONG SAID BOUNDARY SOUTHER!. Y ALONG THE ARC OF SAID COMPOUND CURVE THROUGH A CEHTRAL/WGLE OF Bofozrw AN ARC DISTANCE OF 38.. FEET TO THE POINT OF BEGlNHfNG OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.. ACRES OF LAND MORE OR LESS; SUBJECT 10 EASEMENTS AND RES7R1CTIONS OF RECORD. ABSTRACT HOT RJ;:VIEWE"D. AGNOU. ~ ANf)pRUHDAGE.INC. PR9fE~ ~~RS. PLANNERS & SURVEYORS AND MAPPERS :~dJ~~_ THIS LEGAL OESCRlPllON AND SKETCH PREPARED BY: 1& VNDAGB_ Pool "MoI" ~ .--. . -- WJ'W7Dft -- eo-. - - - - - - ....... ~ ....1...=-11 __ _..a....__ __~_.... ....11 _......__D__._ _(10'-_ SCALE: N. T S. DRAWN BY: JAN CHECKED BY:~ ACAD NO:~S~ DAlE: FEB 17, 2006 PROJ. NO.: 05-01135 SHEET NO.: 2 OF' 2 Fit E NO: 9346 ()to"'- "'-0..... .,-00 . N to O-.i"CD ZN OJ E....ro CDCDCL ........a -0 ro..... -oU cO CD OJ <( Ii '" ~ '" '" '" '" S <! ~ "l ~ I ~ ~ ... N '" '" '" '" ~ ~ "l 8f!! ~ i!~ I'" "'~ .. o!i " ~~ ~ 8 '" '" w ~ ~ Z", ZK ;0" z o w- !:::!< 11>0 o -' ~ffiHHfffiE~~~.~~~ ------ I '" '" '" ;ffiHHfffiE.M~ 133.lS 151. ~ ~ " .. ~ o N ~ ~ ~~ Ni!~ ~~ g " !i ~ ~ ~ 5 " ~ ~ ". ~... ~ i~ g! ~ "N ~~ (12 iS~ Ii g! il " ~ - <... ~~ S ~~~ . ~~= ~z ", OtIY-^31nOB ~, ~~ je It) i!m . ~;~ CJ\ 20(1- ~E~ I g ~ ~ g! ~ ::.'l~ ~i~ iS~ Ii ~ <.. ~~ ~~ "'os 01 LON I ____ - -C- i ~!i' ~o( ~~ ~~ ~ ~ .- 8 '" ~ ~ 0: 10 ~ ~ ~ ~ ~5i .., .. l!l ~ ~,;: ~~ z" ~ " N ~~ ~~ ~e " N;;;~ C ""' ~l!l !~ l!l ~ ~~ :::~!:: cz iS~ g ,ge 1:1"0 ~ " i UJ N !;j: .. (!) ~ II :::; . iii ~ (3 i ~ !! N ~~ ~:5 ~ I ~ ~~ ~~ ~.5~ I:l~~ ~ f5~.... ~ ~ ~ E~ ~;~ ~ ~ i '" " ~~- ~~~ ~ .. .., ~ << Q ~ ~ /i~~ i~e ~- ~~ ~ l!l.. ~ne "~ d ~ ~ ~ l i1 i ~ ~ ~ ~>- ~ h~; ~g ~E ;L-3LV.1.9l:i3lNl ~ ~ ~ ~ ~~~ ~ ~ ~a ~ ~ Sl~ C'!j ~ ~ s ;; I!i ~ ~ a.. <t L ",g ~~ ~g 0,", UJ l- e/) S ILl I- ....1 !i!cS ~~ 3~ i= ~ e. ~e S'" u~ a.. <t L z o - ~ U o .....J Agenda Item No. 17C October 24,2006 Page 7 of 7 RESOLUTION NO. 06-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVESMT-2006-AR-9674, DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 46-FOOT WIDE STRIP OF LUCERNE ROAD RIGHT-OF-WAY IMMEDIATELY ADJACENT TO BLOCK 115, GOLDEN GATE UNIT 4, AS RECORDED IN PLAT BOOK 5, PAGE 107, ET SEQ., OF THE PUBLIC RECORDS COLLIER COUNTY, FLORIDA, AND AS FURTHER DESCRIBED IN EXHIBIT 'A'. WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioner, Collier County Government Facilities Management Dept., has requested the vacation of the 46-foot wide strip of Lucerne Road right-of-way immediately adjacent to Block 115, Golden Gate Unit 4, as recorded in Plat Book 5, Page 107 of the Public Records Collier County, Florida, as more specifically described in Exhibit 'A'; and WHEREAS, the Board has this day held a public hearing to consider the aforementioned vacation request, and notice of said public hearing to was given as required by law; and WHEREAS, the granting of the vacation request will not adversely affect the ownership or right of convenient access of the property owners. "_.,,-. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in the right-of-way as specifically described in Exhibit 'A' is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit. 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 Approved as to form and legal sufficiency: By: Jeff E. Wright Assistant Collier County Attorney Agenda Item No. 170 October 24, 2006 Page 1 of 18 EXECUTIVE SUMMARY Petition SNR-2006-AR-I0350, Johnson Engineering, representing Treviso Bay Development, LLC, requesting a street name change from Treviso Bay Boulevard to Corso Bello Drive for the southern segment of Treviso Bay Boulevard, which is located in Section 32, Township 50 South, Range 26 East, legally known as Tract R-2, Treviso Bay Subdivision. OBJECTIVE: That the Collier County Board of County Commissioners approve a Resolution to rename that portion of Treviso Bay Boulevard to Corso Bello Drive, which lies south of the traffic circle at the golf course clubhouse in Section 32, Township 50 South, Range 26 East. CONSIDERA TIONS: - Treviso Bay Boulevard is the main spine road through the Treviso Bay Subdivision and is approximately three miles long from the main entry into the development to Southwest Boulevard. The first two-thirds of Treviso Bay Boulevard is generally a standard boulevard configuration; this configuration ends at a traffic circle at the golf course clubhouse. Because of the difference in the roadway configuration and the location of the traffic circle, the Petitioner believes that it is appropriate to change that portion of Treviso Bay Boulevard to Corso Bello Drive, which lies south of the traffic circle in Section 32, Township 50 South, Range 26 East, and is legally known as Tract R-2, Treviso Bay, recorded in Plat Book 45, Pages 14 through 24. The Petitioner has met the requirements for requesting a street name change. The name does not duplicate an existing street name. There are nine undeveloped parcels abutting the street in question; however all of the parcels are under unified ownership. FISCAL IMPACT: Fiscal impact to the County Manager's agency will be incurred in the form of staff time spent revising plats and addressing records. Fiscal impact to fire, police (Sheriffs Office), Post Office, EMS, and 911 Emergency Services will be incurred in the form of costs to update records and maps. The Petitioner has agreed to bear the cost of replacing the street sign. GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. ~ SNR-2006-AR-10350 1 Agenda Item No. 170 October 24,2006 Page 2 of 18 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission does not review street name change petitions. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and its compliance with criteria set forth in Chapter 22, Article X, of the Collier County Code of Laws and Ordinances. The proposed Resolution is authorized by Section 336.05, Florida Statutes, and has been reviewed and approved by the County Attorney's Office. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 2006-AR- 10350, changing that portion of Treviso Bay Boulevard to Corso Bello Drive, which lies south of the traffic circle at the golf course clubhouse in Section 32, Township 50 South, Range 26 East. PREPARED BY: Joyce Ernst, Senior Planner Department of Zoning and Land Development Review """,-"... .,~'." SNR-2006-AR-10350 2 Item Number: Item Summary: Meeting Date: Agenda Item No. 170 October 24, 2006 Page 3 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17D This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SNR-2006-AR-10350, Johnson Englneenng, representing Trevlso Bay Development. LLC, requesting a street name change from Treviso Bay Boulevard to Corso Bello Onve for the southern segment of Treviso Bay Boulevard, which is located In Seclion 32, Township 50 South, Range 26 East legally known as Tract R-2, Treviso Bay Subdivision, 101241200690000 AM Planner Date Prepared By Joyce Ernst Community Development and Environmental Services Zoning & Land Development Review 10/3/2006 9:31 :33 AM Norm E. Feder, AICP Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin. 1013/200612:31 PM Constance A. Johnson Operations Analyst Date Approved By Community Development & Environmental Services Community Development & Environmental Services Admin. 10/9/2006 3: 20 PM Zoning & Land Development Director Date Approved By Susan Murray,AICP Community Development & Environmental Services Zoning & Land Development Review 10/10120064:23 PM Approved By Chief Planner Date Ray Bellows Community Development & Environmental Services Zoning & Land Development Review 10110/2006 S: 58 PM Jeff Klatzkow Assistant County Attorney Date Approved By County Attorney County Attorney Office 10111/20066:39 AM Date Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 10/11/200610:14AM OMB Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 10/11/20062:42 PM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 10/11/20063:47 PM James V. Mudd County Manager Date Approved By Board of County Commissioners County Manager's Office 10111120064:16 PM Item No. 17D Oc ober 24, 2006 Page 4 of 18 .".:-:....:.......: :.:::::II~!!:?!:.:::::;::.:.::!::!:::!!:~ ,......................... .:.:.:.:-:.:.:.:.:.:.:.:.:,~.;.:.:.:.;.:.:.:.:.:.:.: ::=;:;:;:;::::::=:::::::::=:::::::::::::;.:.:;::;:;: ................................ ::}~:t~:~i{? ;-Jrt'.d~ . Tre~~?..~af Boulevard ::::f\. .p..........., - \:).., 1:;:::;:;;:;:;:;:; " -- {,)('" ... . .......... .. '" ~ t UP' ~ ,. ..... - NAPLES ~OR SNR-2006-AR-I0350 JOHNS II ENGINEERING Agenda Ite SINCE 194&Octo NO.17D .2006 5 of 18 August 18, 2006 Department of Zoning & Land Development Review Application Processing Community Development Services 2800 North Horseshoe Drive Naples, FL 34104 SNR-2006-AR-I0350 PROJECT #2004080032 DATE: 8/24/06 JOYCE ERNST Re: Treviso Bay Street Name Change Application To Whom It May Concern: In our original construction plans and plat (AR,#6434), we referenced the main spine road through the project as Treviso Bay Boulevard. Treviso Bay Boulevard is approximately three miles from the main entry of Treviso Bay to Southwest Boulevard. The :first two-thirds of the spine road is generally a standard boulevard configuration with no units directly abutting the spine road. This configuration ends at a traffic circle at the golf course clubhouse. Because of this difference in the roadway configuration and the location of the traffic circle at this transition, we believe it is appropriate to change the spine road name at this location. In addition, residential units abut the spine road past this feature. This name change for this portion of the roadway will allow for more efficiency in providing services to the residents that are along this section of spine road, which connects with Southwest Boulevard, We would like to change the name of the portion of the spine road from the traffic circle at the golf course clubhouse to South West Boulevard from Treviso Bay Boulevard to Corso Bello Drive. This will help in emergency service location identification and response time in that Treviso Bay Boulevard is more easily accessed from US41, and Corso Bello Drive would be more easily accessed from Southwest Boulevard. Based on emergency response and the distinct differences between the roadways in these two sections, we believe that changing the name of the spine road from the point of the traffic circle to South West Boulevard to the Corso Bello Drive section is appropriate. Please give this some consideration and contact me if you have any comments, questions or require any additional information. We appreciate your time and consideration regarding this request and look forward to your response shortly. Sincerely, JOHNSON ENGINERlNG, INC. ~~. Stacy Ful Permit Tee 'cian H:120020000\20023436 T",viso BaylApplicationslStreet Name Change\D81106 JOOn Houldswa:1h Street Name Change Cover Letter.doc 2350 Stanford Coun . Naples, Florida 34112 (239) 434-0333 . Fax (239) 434-9320 COLLIER COUNTY GOVERNMENT DEPT: OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) Agenda Item No, 170 2800 NORTH HORSESHOE DRIVE October 24,2006 NAPLES, FLORIDA 34104 Page 6 of 18 (239) 403-2400 FAX (239) 643-6968 I ~:. e," -. :,,-, _ ,.,-, ~ "\""~')i ' I ':,", , -;.'::"":'" , ..... , STREE1" ~"ME ~flAJ"GI:APPLlCATION .... ......:--, SNR AR # PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER LS~-2006_AJl-I0350 PROJECT #2004080032 DATE: 8/24/06 JOYCE ERNST ] ". ",',., .... . "])PLI~A",t. .INFc>.R.MATlq~ . . . ~ -,-'" .~..- I :, NAME OF APPLlCANT(S) TREVISO BAY DEVELOPMENT. LLC ADDRESS 19275 WEST CAPITOL DRIVE CITY BROOKFIELD TELEPHONE # 12621790-6000 CELL # E-MAIL ADDRESS:SANJAY@VKDEVELOPMENT.COM STATE~ZIP 53045 FAX # f2621790-6010 NAME OF AGENT JOHNSON ENGINEERING ADDRESS 2350 STANFORD COURT CITY NAPLES TELEPHONE # 434-0333 CELL # 825-9862 E-MAIL ADDRESS:CDH@JOHNSONENG.COM STATE FL ZIP 34112 FAX # 434-9320 ASSOCIATIONS' . .. "I . -', ,~- -:.- .- ~.; -', ,"'. Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: N/A MAILING ADDRESS CITY STATE ZIP NAME OF MASTER ASSOCIATION: TREVISO BAY PROPERTY OWNERS MASTER ASSOCIATION, INC ADDRESS 19275 WEST CAPITOL DRIVE CITY BROOKFIELD STATE~ZIP 53045 NAME OF CIVIC ASSOCIATION: EAST NAPLES CIVIC ASSOCIATION MAILING ADDRESS CITY NAPLES STATE-EL-ZIP _ *Be aware that Collier County has lobbyist regulations, Guide yourself accordingly and ensure that you are in compliance with these regulations. Application for Street Name Change - Revised June 2006 Page 2 of6 Agenda Item No. 170 October 24,2006 Page 7 of 18 b.. ;~ ;~,y -.-"~':: ,-, . ;-'.'.::--,:::;;';';" .. .....p~Qr()$~~(:HA'N.~1! :',:; :;;:;;::'.~";':, :/... ,: ';:; ~~ :;,~.",,,'.." :.~"--.=,';:>: :::::'"Y'I ."'\_-:" CURRENT NAME OF STREET Treviso Bav Boulevard PROPOSED STREET NAME Corso Bello Drive STREET IN QUESTION IS: o public, or [gI private REASON FOR PROPOSED CHANGE In our oril!:inal construction plans and plat (AR#6434). we referenced the main spine road throul!:h the project as Treviso Bav Boulevard. Treviso Bav Boulevard is approximately three miles from the main entry of Treviso Bav to Southwest Boulevard. The first two-thirds of the spine road is l!:eneraUv a standard boulevard confil!:uration with no units directlv abuttinl!: the spine road. This confit!Uration ends at a traffic circle at the l!:olf course clubhouse. Because of this difference in the roadway confil!1lration and the location of the traffic circle at this transition. we believe it is appropriate to chanl!:e the spine road name at this location. In addition. residential units abut the spine road past this feature. This name chanl!:e for this portion of the roadway will anow for more efficiency in nrovidinl!: services to the residents that are alonl!: this section of snine road. which connects with Southwest Boulevard. We would like to chanee the name of the portion of the spine road from the traffic circle at the eolf course clubhouse to South West Boulevard from Treviso Bay Boulevard to Corso Beno Drive. This will help in emerl!:ency service location identification and response time in that Treviso Bav Boulevard is more easily accessed from US41. and Corso Beno Drive would be more easily accessed from Southwest Boulevard. Based on emereency resnonse and the distinct differences between the roadways in these two sections. we believe that chanlrlnl!: the name of the spine road from the noint of the traffic circle to South West Boulevard to the Corso Beno Drive section is annropriate. Approximate length of street: 1.06 miles Number of parcels or lots abutting street: None at this time Total Number of property owners abutting street to be renamed: None at this time Total Number of property owners signing petition to change street name: Percentage of property owners signing petition: 100% Applicant [gI does, or 0 does not, agree to pay cost of street sign replacement for public street, (approx. $100.00 per sign) Application for Street Name Change - Revloed June 2006 Page3of6 I: Agenda Item No. 17D October 24,2006 Page 8 of 18 " .L()c.ATiO~,'> :.., .... ",-;:,:.". List legal description(s) of properties abutting the street to b. renamed. (Attach additional pages if necessary) Subdivision: Treviso Bay Unit No. Tract No. GC-l throUGh 5. FD-6. 7. 8 SectionfTownship/ Range: 32 50S I 26E Subdivision: Unit No. Tract No. Section/Township/ Range: I I Subdivision: Unit No. Tract No. SectionfTownship/ Range: I I Subdivision: Unit No. Tract No. SectionfTownship/ Range: I I Subdivision: Unit No. Tract No. Section/Township/ Range: I Subdivision: Unit No. Tract No. Section/Township/ Range: I / Applicali.n for Slreel Name Change - Revised June 2006 Page4of6 Agenda Item No. 170 October 24, 2006 Page 9 of 18 PETITIO] TO: THE BOARD OF OUNTY COMMISSIONERS COLLIER COUNT' FLORIDA lD OF COUNTY COMMISSIONERS TO THE UNDERSIGNED PETIONERS HEREBY REQUEST THE B CHANGE THE NAME OFfoIE FOLLOWING STREET NAME ! FROM Treviso Bav Boward TO ~ lello Drive LEGAL DESC. "...~~4~~ DATE I /II/P~ SIGNATURE ADDRESS -rAf~'f A6.V€~P""EJ1I1. 1..1. L 4.1 7,r W. C.A!&"'* .b~ . ] d'l, ~..,~_ !"z.... ..:' ~~ $;'"I"'"..r ~" I<.-rrt:~ Page 5 of6 Application for Slreel Name Chaoge --!vised JuDe 2006 o <.0 co 1'-0"- .,.-0,- ,N 0 o '0 Z~.- :=,-0) -Q)OJ .$.oro -oD... ro...... -oU cO Q) OJ <1: 11;1 .i~~ , i' I a: ~ Cool Ii! J ~ ~ d " , P I ~ ] ~ ~ UI[i .~!l~~ ~d! ~ ~ ~ 1 J 11 ~ ] ,~ .a 1< ~ ! i i t--o 1- ti! !:' ~I ::::::: i:::::::::::::: :::::::r~:.:~~'1 I I ~ ~fC;;: ~.~: (~. ~ I . 1 . 1 11 1 l ~ :~~ ~~~ z;: , g ~ g ~ , ~ ::::::: ~\'s\\~~\.\\~~~~~~' . . . . "-,,, ".....-".....".....'''-...... "', :.:. :.:.: \\\\~\~':::.\\~~~.~\~. : :~: ~ ::::~: ~~\\~~:~>: ~:<::::';.:-: DESCRIPTION: S~-2006-~-10350 PROJECT #2004080032 DATE: 8/24/06 JOYCE ERNST Agenda Item No. 170 October 24,2006 Page11of18 A PARCEL OF LAND LOCATED IN SECTIONS 29, 30 AND 31, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF SECTION 30, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, WITH THE WESTERLY RIGHT-OF- WAY LINE OF U.S, HIGHWAY 41 (T AMIAMI TRAIL) AND RUN SOUTH 39003'42" EAST ALONG SAID WESTERLY RIGHT -OF-WAY LINE, A DISTANCE OF 203.22 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THE DRAINAGE EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 1113, PAGE 2077 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA FOR A POINT OF BEGINNING; THENCE CONTINUE SOUTH 39003'42" EAST ALONG SAID WESTERLY RIGHT -OF-WAY LINE, A DISTANCE OF 2,129.82 FEET; THENCE RUN SOUTH 38017'43" WEST, A DISTANCE OF 581.30 FEET; THENCE RUN NORTH 89034'42" WEST, A DISTANCE OF 348.55 FEET; THENCE RUN SOUTH 02048'31" WEST, A DISTANCE OF 308.99 FEET; THENCE RUN SOUTH 88028'28" WEST, A DISTANCE OF 30.00 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 30, THENCE RUN SOUTH 87014'44" WEST ALONG THE NORTH LINE OF "TRACT 10" AS RECORDED IN OFFICIAL RECORDS BOOK 105, PAGES 595 THROUGH 597 OF SAID PUBLIC RECORDS AND "TRACT 9" AS RECORDED IN OFFICIAL RECORDS BOOK 105, PAGES 592 THROUGH 594 OF SAID PUBLIC RECORDS, A DISTANCE OF 683,13 FEET TO THE NORTHWEST CORNER OF SAID "TRACT 9"; THENCE RUN SOUTH 00020'37" WEST ALONG THE WEST LINE OF SAID "TRACT 9", A DISTANCE OF 672.63 FEET TO THE SOUTHWEST CORNER OF SAID "TRACT 9"; THENCE RUN NORTH 87026'41" EAST ALONG THE SOUTH LINE OF SAID "TRACT 9" AND SAID "TRACT 10", A DISTANCE OF 654.42 FEET TO THE SOUTHEAST CORNER OF SAID "TRACT 10" AT AN INTERSECTION WITH THE EAST LINE OF SAID SECTION 30; THENCE RUN SOUTH 02045'35" WEST ALONG SAID EAST LINE OF SECTION 30, A DISTANCE OF 1,919,99 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE RUN SOUTH 02045'30" WEST, A DISTANCE OF 805.74 FEET; THENCE RUN NORTH 90000'00" WEST, A DISTANCE OF 301.03 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 430,00 FEET, A CENTRAL ANGLE OF 65009'04" AND A CHORD BEARING AND DISTANCE OF SOUTH 11057'04" WEST, 463.03 FEET, RESPECTIVELY; THENCE RUN SOUTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 488.95 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN SOUTH 44031 '36" WEST, A DISTANCE OF 219.69 FEET TO THE POINT OF CURVATURE OF A CURVE CONCA VE SOUTHEASTERLY AND HAVING A RADIUS OF 660,00 FEET, A CENTRAL ANGLE OF 33055'39" AND A CHORD BEARING AND DISTANCE OF SOUTH 27033'46" WEST, 385.13 FEET, RESPECTIVELY; THENCE RUN SOUTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 390.82 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 430.00 FEET, A CENTRAL ANGLE OF 26038'58" AND A CHORD BEARING AND DISTANCE OF SOUTH 23055'26" WEST, 198.20 FEET, RESPECTIVELY; THENCE RUN SOUTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 200,00 FEET; THENCE RUN NORTH 55025'02" WEST ALONG A NON-TANGENTIAL LINE, A DISTANCE OF 140,23 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 290.00 FEET, A CENTRAL ANGLE OF 34019'39" AND A CHORD BEARING AND DISTANCE OF SOUTH 55042'04" WEST, 171.16 FEET, RESPECTIVELY; THENCE RUN SOUTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 173.75 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 74020'58" AND A CHORD BEARING AND DISTANCE OF SOUTH 35041'24" WEST, 18.13 FEET, RESPECTIVELY; THENCE RUN SOUTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 19.46 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCA VE WESTERLY AND HAVING A RADIUS OF 760,00 FEET, A CENTRAL ANGLE OF 06055'52" AND A CHORD BEARING AND DISTANCE OF SOUTH 01058'51" WEST, 91.88 FEET, RESPECTIVELY; THENCE RUN SOUTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 91.94 FEET TO THE POINT OF REVERSE CURVATURE OF A Agenda Item No. 170 October 24, 2006 Page 12 of 18 CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 440.00 FEET, A CENTRAL ANGLE OF 42028'49" AND A CHORD BEARING AND DISTANCE OF SOUTH 15047'37" EAST, 318.80FEET,RESPECTIVELY; THENCE RUN SOUTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 326.22 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 560.00 FEET, A CENTRAL ANGLE OF 07057'39" AND A CHORD BEARING AND DISTANCE OF SOUTH 33003'12" EAST, 77.74 FEET, RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 77.81 FEET; THENCE RUN SOUTH 83030'57" WEST ALONG A NON-TANGENTIAL LINE, A DISTANCE OF 666.04 FEET; THENCE RUN NORTH 56010'37" WEST, A DISTANCE OF 816.27 FEET; THENCE RUN NORTH 89029'19" WEST, A DISTANCE OF 558,68 FEET TO AN INTERSECTION WITH THE WEST LINE OF A 110-FOOT ELECTRIC TRANSMISSION RIGHT-OF- WAY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 194, PAGE 601 OF SAID PUBUC RECORDS; THENCE RUN NORTH 01035'00" EAST ALONG SAID TRANSMISSION RIGHT-OF-W A Y EASEMENT, A DISTANCE OF 1,675.69 FEET; THENCE RUN NORTH 01039'41" EAST ALONG SAID TRANSMISSION RIGHT-OF-WAY EASEMENT, A DISTANCE OF 179.02 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 30; THENCE RUN NORTH 01036'32" EAST ALONG SAID TRANSMISSION RIGHT-OF-WAY EASEMENT, A DISTANCE OF 4,209.75 FEET; THENCE RUN SOUTH 88023'28" EAST, A DISTANCE OF 110.00 FEET; THENCE RUN SOUTH 42029'07" EAST, A DISTANCE OF 20.71 FEET; THENCE RUN SOUTH 35041'47" EAST, A DISTANCE OF 48.88 FEET; THENCE RUN NORTH 78002'50" EAST, A DISTANCE OF 73.84 FEET; THENCE RUN NORTH 69030'33" EAST, A DISTANCE OF 201.29 FEET; THENCE RUN NORTH 72043'17" EAST, A DISTANCE OF 86.99 FEET TO A POINT ON A NON- TANGENTIAL CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 480.00 FEET, A CENTRAL ANGLE OF 52058'42" AND A CHORD BEARING AND DISTANCE OF SOUTH 78054'45" EAST, 428.19 FEET, RESPECTIVELY; THENCE RUN EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 443,83 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 57033'15" AND A CHORD BEARING AND DISTANCE OF SOUTH 81012'02" EAST, 48.14 FEET, RESPECTIVELY; THENCE RUN EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 50,23 FEET TO THE POINT OF REVERSE CURVATURE OF A CUR VE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 510,00 FEET, A CENTRAL ANGLE OF 06043'19" AND A CHORD BEARING AND DISTANCE OF NORTH 73023'00" EAST, 59.80 FEET, RESPECTIVELY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 59.83 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 4 I 0.00 FEET, A CENTRAL ANGLE OF 35015'46" AND A CHORD BEARING AND DISTANCE OF NORTH 59006'47" EAST, 248.37 FEET, RESPECTIVELY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 252.33 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 460.00 FEET, A CENTRAL ANGLE OF 18030'36" AND A CHORD BEARING AND DISTANCE OF NORTH 50044'12" EAST, 147,96 FEET, RESPECTIVELY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 148,61 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 48.09 FEET, A CENTRAL ANGLE OF 66000'41" AND A CHORD BEARING AND DISTANCE OF NORTH 28023'42" EAST, 52,39 FEET, RESPECTIVELY; THENCE RUN NOR THEASTERL Y ALONG SAID CURVE, AN ARC DISTANCE OF 55,41 FEET; THENCE RUN NORTH 03012'06" WEST ALONG A NON-TANGENTIAL LINE, A DISTANCE OF 188,34 FEET TO THE POINT OF TANGENCY OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1035,00 FEET, A CENTRAL ANGLE OF 08012'55" AND A CHORD BEARING AND DISTANCE OF NORTH 07018'33" WEST, 148.27 FEET, RESPECTIVELY; THENCE RUN NORTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 148.40 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCA VE NORTHEASTERLY AND HAVING A RADIUS OF 186,12 FEET, A CENTRAL ANGLE OF 13046'22" AND A CHORD BEARING AND DISTANCE OF NORTH 17058'30" WEST, 44.63 FEET, RESPECTIVELY; THENCE RUN NORTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 44.74 FEET; THENCE RUN NORTH 05040'36" WEST ALONG A NON-TANGENTIAL LINE, A DISTANCE OF 24.18 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 180.00 FEET, A CENTRAL ANGLE OF 06039'54" AND A CHORD BEARING AND DISTANCE OF NORTH 02020'39" Agenda Item No. 17D October 24,2006 Page 13 of 18 WEST, 20.93 FEET, RESPECTIVELY; THENCE RUN NORTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 20.94 FEET TO A POINT ON A NON- TANGENTIAL CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 186.12 FEET, A CENTRAL ANGLE OF 85055'54" AND A CHORD BEARING AND DISTANCE OF NORTH 45047'34" EAST, 253.70 FEET, RESPECTIVELY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 279.14 FEET; THENCE RUN NORTH 89058'49" EAST ALONG A NON-TANGENTIAL LINE, A DISTANCE OF 77.83 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF ]4013'33" AND A CHORD BEARING AND DISTANCE OF NORTH 82052'03" EAST, 12.38 FEET, RESPECTIVELY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 12.4] FEET; THENCE RUN NORTH 89002'29" EAST ALONG A NON-TANGENTIAL LINE, A DISTANCE OF 38.62 FEET; THENCE RUN NORTH 38045'58" WEST, A DISTANCE OF 20.13 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 77024'28" AND A CHORD BEARING AND DISTANCE OF NORTH 010] 6'26" EAST, 62.53 FEET, RESPECTIVELY; THENCE RUN NORTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 67.55 FEET; THENCE RUN NORTH 38045'58" WEST ALONG A NON-TANGENTIAL LINE, A DISTANCE OF 39,26 FEET; THENCE RUN NORTH 51014'02" EAST, A DISTANCE OF 112.14 FEET TO AN INTERSECTION WITH SAID SOUTHERLY LINE OF THE DRAINAGE EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 1113, PAGE 2077; THENCE RUN NORTH 83053'47" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 302.76 FEET; THENCE RUN SOUTH 73009'55" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 194.59 FEET; THENCE RUN SOUTH 84022'46" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 78.69 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 18,433,275.33 SQUARE FEET OR423.17 ACRES, MORE OR LESS. LESS AND EXCEPT: 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 THE SOUTHEAST CORNER OF SECTION 30, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND RUN NORTH 02045'35" EAST ALONG THE EAST LINE OF SAID SECTION 30, A DISTANCE OF 1004.10 FEET; THENCE RUN NORTH 87014'25" WEST, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 870]4'25" WEST, A DISTANCE OF 415,39 FEET TO THE POINT OF CURVATURE OF A CURVE BEING CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 203.00 FEET, A CENTRAL ANGLE OF 33002'32" AND A CHORD BEARING AND DISTANCE OF SOUTH 76014'19" WEST, 115.45 FEET, RESPECTIVELY; THENCE RUN SOUTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 117.07 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN SOUTH 59043'03" WEST, A DISTANCE OF 621.38 FEET; THENCE RUN SOUTH 89048'49" WEST, A DISTANCE OF 228.81 FEET TO THE POINT OF CURVATURE OF A CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 305.00 FEET, A CENTRAL ANGLE OF 109015'34" AND A CHORD BEARING AND DISTANCE OF NORTH 35033'24" WEST, 497.41 FEET, RESPECTIVELY; THENCE RUN NORTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 581.62 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN NORTH 19004'23" EAST, A DISTANCE OF 2]0.8] FEET TO THE POINT OF CURVATURE OF A CURVE BEING CONCAVE WESTERLY AND HAVING A RADIUS OF 470,00 FEET, A CENTRAL ANGLE OF 67038'21" AND A CHORD BEARING AND DISTANCE OF NORTH 14044'47" WEST, 523.19 FEET, RESPECTIVELY; THENCE RUN NORTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 554.85 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN NORTH 48033'58" WEST, A DISTANCE OF 105,35 FEET TO THE POINT OF CURVATURE OF A CURVE BEING CONCA VE NORTHEASTERLY AND HAVING A RADIUS OF 220.00 FEET, A CENTRAL ANGLE OF 55053'13" AND A CHORD BEARING AND DISTANCE OF NORTH 20037'22" WEST, 206.18 FEET, RESPECTIVELY; THENCE RUN NORTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 2]4.59 FEET; THENCE RUN SOUTH 87051'05" EAST, A DISTANCE OF 115.90 FEET Agenda Item No. 170 October 24,2006 Page 14 of 18 TO THE POINT OF CURVATURE OF A CURVE BEING CONCAVE NORTHWESTERLY AND HAVING A RADWS OF 310.00 FEET, A CENTRAL ANGLE OF 37015'24" AND A CHORD BEARING AND DISTANCE OF NORTH 73031'12" EAST, 198.05 FEET, RESPECTIVELY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 201.58 FEET; THENCE RUN SOUTH 37040'45" EAST, A DISTANCE OF 85.21 FEET; THENCE RUN NORTH 52019'15" EAST, A DISTANCE OF 131.25 FEET TO THE POINT OF CURVATURE OF A CURVE BEING CONCA VE NORTHWESTERLY AND HAVING A RADWS OF 620.00 FEET, A CENTRAL ANGLE OF 25037'51" AND A CHORD BEARING AND DISTANCE OF NORTH 39030'20" EAST, 275.05 FEET, RESPECTIVELY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 277.35 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN NORTH 26041'24" EAST, A DISTANCE OF 106.26 FEET; THENCE RUN SOUTH 83015'46" EAST, A DISTANCE OF 54.16 FEET; THENCE RUN NORTH 85014'11" EAST, A DISTANCE OF 46.98 FEET TO A POINT ON A CURVE BEING CONCAVE WESTERLY AND HAVING A RADIUS OF 595.00 FEET, A CENTRAL ANGLE OF 41029'28" AND A CHORD BEARING AND DISTANCE OF SOUTH 03037'33" WEST, 421.52 FEET, RESPECTIVELY; THENCE RUN SOUTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 430.87 FEET TO THE POINT OF REVERSE CURV ATURE OF A CURVE BEING CONCAVE SOUTHEASTERLY AND HAVING A RADWS OF 680,00 FEET, A CENTRAL ANGLE OF 10050'14" AND A CHORD BEARING AND DISTANCE OF SOUTH 18057'09" WEST, 128.43 FEET, RESPECTIVELY; THENCE RUN SOUTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 128.62 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN SOUTH 13032'03" WEST, A DISTANCE OF 148.49 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADWS OF 205.00 FEET, A CENTRAL ANGLE OF 168017'05" AND A CHORD BEARING AND DISTANCE OF SOUTH 67045'59" EAST, 407.86 FEET, RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 602.11 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN NORTH 28005'29" EAST, A DISTANCE OF 250.49 FEET; THENCE RUN NORTH 87026'41" EAST, A DISTANCE OF 660.89 FEET; THENCE RUN SOUTH 02045'35" WEST, A DISTANCE OF 830,90 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 1,632,462.26 SQUARE FEET OR 37.48 ACRES OF LAND, MORE OR LESS. ALSO INCLUDING THE FOLLOWING DESCRIBED LANDS: A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FOR A POINT OF BEGINNING AND RUN NORTH 02048'47" EAST ALONG THE WEST LINE OF SAID SECTION 32, A DISTANCE OF 2,394.57 FEET; THENCE RUN NORTH 59056'01" EAST, A DISTANCE OF 2,041.35 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY UNE OF "TRAIL ACRES UNIT 2", A SUBDMSION AS RECORDED IN PLAT BOOK 4, PAGE 62 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 39003'07" EAST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 1,309,16 FEET TO THE MOST SOUTHERLY CORNER OF SAID "TRAIL ACRES UNIT 2"; THENCE RUN NORTH 50055'09" EAST ALONG THE SOUTHEASTERLY LINE OF SAID "TRAIL ACRES UNIT 2", A DISTANCE OF 762.41 FEET; THENCE RUN SOUTH 39004'51" EAST, A DISTANCE OF 430.46 FEET; THENCE RUN NORTH 50058'21" EAST, A DISTANCE OF 199.96 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY LINE OF "TRAIL ACRES UNIT 3", A SUBDMSION AS RECORDED IN PLAT BOOK 3, PAGE 94 OF SAID PUBLIC RECORDS; THENCE RUN SOUTH 39001 '39" EAST ALONG SAID SOUTHWESTERLY LTh'E, A DISTANCE OF 962,19 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID "TRAIL ACRES UNIT 3"; THENCE RUN SOUTH 87034'19" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 1,003,95 FEET TO THE SOUTHEAST CORNER OF SAID "TRAIL ACRES UNIT 3" AT AN INTERSECTION WITH THE EAST LINE OF SAID SECTION 32; THENCE RUN SOUTH 02032'54" WEST ALONG SAID EAST LINE, A DISTANCE OF 1,912.12 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 32; THENCE RUN NORTH 89040'29" WEST ALONG THE SOUTH LINE OF SAID SECTION 32, A DISTANCE OF 2,028.44 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCA VE NORTHEASTERLY AND HAVING A RADillS OF 70.02 FEET, A CENTRAL ANGLE OF 140056'28" AND A CHORD BEARING AND DISTANCE OF NORTH 19013'05" WEST, 131.98 FEET, RESPECTIVELY; THENCE RUN NORTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 172.24 FEET; THENCE RUN NORTH 57002'19" EAST ALONG A NON- TANGENTIAL LINE, A DISTANCE OF 135.71 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCA VE NORTHWESTERLY AND HAVING A RADillS OF 363.33 FEET, A CENTRAL ANGLE OF 28042'48" AND A CHORD BEARING AND DISTANCE OF NORTH 48023'07" EAST, 180.18 FEET, RESPECTIVELY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 182.08 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADillS OF 47.39 FEET, A CENTRAL ANGLE OF 62014'39" AND A CHORD BEARING AND DISTANCE OF NORTH 65009'02" EAST, 48.99 FEET, RESPECTIVELY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 51.48 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN SOUTH 83043'38" EAST, A DISTANCE OF 253.15 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE NORTHERLY AND HAVING A RADillS OF 590.08 FEET, A CENTRAL ANGLE OF 22024'22" AND A CHORD BEARING AND DISTANCE OF NORTH 85032'30" EAST, 229.29 FEET, RESPECTIVELY; THENCE RUN EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 230.76 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND HA VING A RADillS OF 339,90 FEET, A CENTRAL ANGLE OF 22025'13" AND A CHORD BEARING AND DISTANCE OF NORTH 63007'43" EAST, 132.16 FEET, RESPECTIVELY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 133.00 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADillS OF 132.94 FEET, A CENTRAL ANGLE OF 67048'23" AND A CHORD BEARING AND DISTANCE OF NORTH 18000'55" EAST, 148.30 FEET,RESPECTIVELY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 157.33 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN NORTH 15053'17" WEST, A DISTANCE OF 176.04 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADillS OF 192.22 FEET, A CENTRAL ANGLE OF 103026'35" AND A CHORD BEARING AND DISTANCE OF NORTH 63040'33" WEST, 301.80 FEET, RESPECTIVELY; THENCE RUN NORTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 347.05 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN SOUTH 64036'09" WEST, A DISTANCE OF 166.41 FEET; THENCE RUN SOUTH 57029'54" WEST, A DISTANCE OF 171.I4FEET; THENCE RUN SOUTH 63004'41" WEST, A DISTANCE OF 206.49 FEET TO A POINT ON A NON- TANGENTIAL CURVE CONCAVE NOR THERL Y AND HAVING A RADillS OF 42.11 FEET, A CENTRAL ANGLE OF 82004'59" AND A CHORD BEARING AND DISTANCE OF NORTH 74025'38" WEST, 55,30 FEET, RESPECTIVELY; THENCE RUN WESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 60.33 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADillS OF 117.76 FEET, A CENTRAL ANGLE OF 76007'56" AND A CHORD BEARING AND DISTANCE OF NORTH 72021'39" WEST, 145,22 FEET, RESPECTIVELY; THENCE RUN NORTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 156,48 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE NORTHWESTERLY AND HAVING A RADillS OF 950.00 FEET, A CENTRAL ANGLE OF 25023'32" AND A CHORD BEARING AND DISTANCE OF SOUTH 63007'38" WEST, 417.58 FEET, RESPECTIVELY; THENCE RUN SOUTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 421.02 FEET; THENCE RUN SOUTH 08044'40" WEST ALONG A NON-TANGENTIAL LINE, A DISTANCE OF 298.43 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE NORTHWESTERLY AND HAVING A RADillS OF 49.03 FEET, A CENTRAL ANGLE OF 67044'44" AND A CHORD BEARING AND DISTANCE OF SOUTH 49057'11" WEST, 54.66 FEET, RESPECTIVELY; THENCE RUN SOUTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 57.98 FEET TO A POINT ON A NON- TANGENTIAL CURVE CONCA VE SOUTHEASTERLY AND HAVING A RADillS OF 804,93 FEET, A CENTRAL ANGLE OF 20017'19" AND A CHORD BEARING AND DISTANCE OF SOUTH 66053'34" WEST, 283.54 FEET, RESPECTIVELY; THENCE RUN SOUTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 285.03 FEET TO AN INTERSECTION WITH SAID SOUTH LINE OF SECTION 32; THENCE RUN NORTH 89040'08" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 1,006.67 FEET; THENCE RUN NORTH 00019'52" EAST, A DISTANCE OF 289.11 Agenda Item No. 170 October 24, 2006 Page 15 of 18 Agenda Item No. 170 October 24,2006 Page16of18 FEET; THENCE RUN NORTH 05002'55" EAST, A DISTANCE OF 462.73 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1,565.00 FEET, A CENTRAL ANGLE OF 11035'16" AND A CHORD BEARING AND DISTANCE OF NORTH 77048'08" WEST, 315.98 FEET, RESPECTIVELY; THENCE RUN NORTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 316.51 FEET; THENCE RUN SOUTH 47014'49" WEST ALONG A NON-TANGENTIAL LINE, A DISTANCE OF 172.41 FEET TO THE POINT OF CUR VA TURE OF A CURVE CONCA VE SOUTHEASTERLY AND HAVING A RADIUS OF 84.23 FEET, A CENTRAL ANGLE OF 60028'10" AND A CHORD BEARING AND DISTANCE OF SOUTH 17000'44" WEST, 84.82 FEET, RESPECTIVELY; THENCE RUN SOUTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 88.89 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN SOUTH 20042'02" EAST, A DISTANCE OF 55,08 FEET TO THE POINT OF CURV A TORE OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 222.17 FEET, A CENTRAL ANGLE OF 15058'21" AND A CHORD BEARING AND DISTANCE OF SOUTH 12042'51" EAST, 61.73 FEET, RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 61.94 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN SOUTH 00058'35" WEST, A DISTANCE OF 145,60 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 291.48 FEET, A CENTRAL ANGLE OF 35050'55" AND A CHORD BEARING AND DISTANCE OF SOUTH 16056'52" EAST, 179.41 FEET, RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 182.37 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN SOUTH 30040'40" EAST, A DISTANCE OF 70,07 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 264.81 FEET, A CENTRAL ANGLE OF 29007'21" AND A CHORD BEARING AND DISTANCE OF SOUTH 16007'00" EAST, 133,15 FEET, RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 134.60 FEET TO AN INTERSECTION WITH SAID SOUTH LINE OF SECTION 32; THENCE RUN NORTH 89040'08" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 1,138,08 FEET TO THE POINT OF BEGINNING. CONTAINING 12,719,677 SQUARE FEET OR 292,00 ACRES, MORE OR LESS. RESOLUTION 2006 -_ Agenda Item No. 70 October 24,2 06 Page 170 18 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RENAMING THE PORTION OF TREVISO BAY BOULEVARD, DEPICTED IN EXHIBIT "A" ATI'ACHED HERETO, TO CORSO BELLO DRIVE, LOCATED WITIDN THE TREVISO BAY SUBDIVISION IN SECTION 32, TOWNSIDP 50 SOUTH, RANGE 26 EAST, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 336.05, Florida Statutes, has conferred on all counties in Florida the power to name or rename streets and roads, except for certain stale roads; and WHEREAS, Ordinance 2003-14, codified as Chapter 22, Article X, of the Code of Laws and Ordinances of Collier County, Florida, established criteria and procedures to rename streets or roads; and WHEREAS, Johnson Engineering, Inc., agent for petitioner Treviso Bay Development, LLC, has applied to rename the portion of Tleviso Bay Boulevard depicted in Exhibit "A" attached hereto, to Corso Bello Drive pursuant to the procedures set forth in Section 22-360 of the Code of Laws and Ordinances. This street is depicted in the plat of Treviso Bay, recorded in Plat Book 45, Pages 14 through 24 of the Public Records of Collier County, Florida, and located in Section 32, Township 50 South, Range 26 East; and WHEREAS, after notice pursuant to said procedures being made and provided, the Board of County Commissioners held a public hearing to consider the application and determined that all criteria set forth in Chapter 22, Article X, of Code of Laws and Ordinances had been met, specifically finding that there is no other street in Colliel County with the same name or any similar sounding name, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Effective this date of hearing, the portion of Treviso Bay Boulevard depicted in Exhibit "A" attached hereto and made a part hereof, and located within the plat of Tleviso Bay, as recorded in Plat Book 45, Pages 14 through 24 of the Public Records of Collier County, Florida, is hereby changed to Corso BeUo Drive and is confirmed as such. 2, This Resolution shall be recolded in the Public Records of CoUier County, Florida, and noted upon the appropriate zoning atlas of Collier County, and notations made on the referenced plat. This Resolution adopted after motion, second and super-majority vote favoring same, this _ day of ,2006, A TrEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRANK HALAS, Chairman Agend . Item No. ~ 70 o tober 24,2006 i'l Page 18 oj 18 1 '-r! l!' .-- ICIoLE FDJ NAPLES ~OR Rename this portion of ~;:;~~o~:~ _ V Exhibit" A" Agenda Item No. 17E October 24, 2006 Page 1 of 17 Executive Summarv Recommendation that the Board of County Commissioners adopt 1) a Resolution revising the Collier County Water-Sewer District Utilities Standards Manual and 2) an Ordinance amending the Collier County Utilities Standards and Procedures Ordinance, Project Number 70202 OBJECTIVE: The public purpose is to provide for a technically viable and current Collier County Water-Sewer District Utilities Standards Manual (SM) and Ordinance that govern the installation of sustainable and safe utilities infrastructure within the County. CONSIDERATIONS: The Utilities Standards and Procedures Ordinance outlines County procedures and guidelines for the design and construction of both County-Constructed and Privately-Constructed Utilities Systems in Collier County, The SM, which is an integral part of the Ordinance, provides engineering as well as drawing detail sheets for components of utility systems. Staff seeks to incorporate in the SM the input of the development community (engineers and contractors) along with input from the County Public Utilities water and wastewater operators to promote optimal and reliable operation and maintenance of utilities infrastructure. Both of these groups, as well as the Public Utilities Engineering Department and the Community Development and Environmental Services Engineering Review Services Department are represented at monthly utilities subcommittee meetings. The ftrst Utilities Standards and Procedures Ordinance, Ordinance No. 88-76, was adopted in 1988. It has been amended by the Board on several occasions, with the latest amendment on May 11,2004. On that date, the BCC adopted the Utilities Standards and Procedures Ordinance, Ordinance No. 2004-31, as well as the first edition of the SM. The Utilities Code Subcommittee (Subcommittee) of the Development Services Advisory Committee (DSAC) consists of members from the Public Utilities Division, the Community Development and Environmental Services Division, and representatives from the construction and development industry. Over the past year this Subcommittee has performed reviews of the SM revisions and the ordinance, and on August 15, 2006, voted to approve the 2006 SM. On September 6, 2006, the full DSAC approved the 2006 SM and minor ordinance amendment. The Resolution revising the Collier County Water-Sewer District Utilities Standards Manual and the Ordinance amending the Collier County Standards and Procedures Ordinance, drafted by the Public Utilities Project Manager and the Assistant County Attorney, have been advertised in the Naples Daily News on September 29, 2006. A strike-through version of the revised Utilities Standards Manual was provided to each of the Commissioners. FISCAL IMPACT: There is no ftscal impact related to this action. GROWTH MANAGEMENT IMPACT: This project is consistent with the 2005 Water and Wastewater Master Plan Updates adopted by the BCC on June 6, 2006 as Agenda Item 10.B. Executive Summary Collier County Water-Sewer District Utilities Standards Manual Update Project Page 2 Agenda Item No. 17E October 24, 2006 Page 2 of 17 RECOMMENDATION: That the Board of County Commissioners adopt 1) a Resolution revising the Collier County Water-Sewer District Utilities Standards Manual and 2) an Ordinance that amends Ordinance 2004-31. PREPARED BY: Paulus R. Kwa, P.E., PMP, Project Manager, Public Utilities Engineering Department Item Number: Item Summary: Meeting Date: Agenda Item No. 17E October 24, 2006 Page 3 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17E This item was continued from the October 10, 2006 BCC Meeting. Recommendation that the Board of County Commissioners adopt 1) a Resolution revising Ihe Collier County Water- Sewer District Utilities Standards Manual and 2) an Ordinance amending the Collier County Utilities Standards and Procedures Ordinance, Project Number 70202. 10/24/20069:0000 AM Date Prepared By Paul Kwa Public Utilities Project Manager Public Utilities Engineering 9/13/20069:19:19 AM Date Approved By POrfirio E. Gramatges, P.E. Public Utilities Sr. Project Manager Public Utilities Engineering 9/15/20069:14 AM Date Approved By Roy B. Anderson, P.E. Public Utilities PubliC Utilities Engineering Director Public Utilities Engineering 9/21/2006 7:29 PM Date Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations 9/22/20068:31 AM Date Approved By Pamela Libby Public Utilities Water Operations Manager Water 9/22/2006 8:33 AM Date Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing 9122/2006 9:41 AM Date Approved By G. George Yilmaz Public Utilities WasteWater Director WasteWater 9/22/200610:52 AM Date Approved By Ron Molly Public Utilities Operations Manager Wastewater 9122/2006 10:55 AM Date Approved By James W. Delany Public Utilities Public Utilities Administrator Public Utilities Administration 10111/20062:53 PM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 10/12/20067:50 AM Date Approved By Randy Greenwald County Manager's Office ManagementiBudget Analyst Office of M anagernent & Budget 10/1212006 9:04 AM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 10113/2006 11 :39 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 10/131200611:51 AM Agenda Item No. 17E October 24, 2006 Page 4 of 17 ORDINANCE NO. 2006- AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING SUBSECTIONS 10.4.2 AND 10.4.3 OF COLLIER COUNTY ORDINANCE NO. 2004-31, AS AMENDED, THE COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES ORDINANCE, REGARDING FILING RECORD DRAWINGS AND DIGITAL FilES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF lAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Subsections 10.4,2 and 10.4.3 of Collier County Ordinance No. 2004-31, as amended, the Collier County Utility Standards and Procedures Ordinance, specify requirements that apply to the form and content of filing digital files and record drawings; and WHEREAS, staff is recommending that these specifics be removed from the text of the Ordinance and concurrently be incorporated into the Utility Standards Manual because the Manual can be amended by Resolutions of the Board of County Commissioners without amending any Ordinance; and WHEREAS, the Board of County Commissioners agrees with staff's recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Subsections 10.4.2 and 10.4.3 in Ordinance No. 2004-31, as amended, the Collier County Utility Standards and Procedures Ordinance, are hereby amended to read as follows: 10.4.2. Three (3) sets of signed and sealed Record Drawings for the potable water OR non-potable irrigation water OR wastewater systems to be conveyed shall be submitted to the County or District. If potable water AND wastewater, and/or non-potable irrigation water systems or portion(s) thereof are being conveyed, five (5) sets of signed and sealed Record Drawings shall be submitted to the County staff. Each sheet of the Record Drawings shall identify the entity that provided the record data. Drawings shall be referenced to and tie-in with the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), and with United States Survey Feet (USFEET) units, as established by a registered Florida surveyor and mapper. FilCls chall be submittCld in Digital Exchange File (DXF) format in /\utoC^D Releace 14 or later version, Record dra'.\'ingc shall. be cubmittecl to the County etaff within 60 daye of the final construGtion completion d3te. 10.4.3. The following itoms shall be accurately depicted on the Record Drawings;. and diqital files shall be submitted in accordance with the requirements in the Standards Manual. a) So'::er s)'Gtem inverts, pipe slopoe, manhole rim ele'lations 3nd run lengths. b) Sowor latorallocations stationod from the nearest downctre3m manhole, cj Sewer main stub extension inverts at both ends, pipe elopo, run length and location. 1 Words Underlined are added; Words 8truek Th:rough are deleted. Agenda Item No. 7E October 24, 2 06 Page 5 0 17 d) Tie iRe: and state plane GOeFEliRate valuos to all 'lalvet, air r-eh3aSG assemblies, fire hydrants, manheles, elowofffi, etc. e) leGation and dimensional ties to lift station eloGtricol services and transformer. SECTION TWO. Conflict and Severability. The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of public health, safety, welfare and/or convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and an independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION THREE. Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOUR. Effective Date. This Ordinance shall become effective upon being filed with the Department of State PASSED AND DULY adopted by the Board of County Commissioners OF Collier County, Florida, this _ day of , 2006. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: FRANK HALAS, Chairman Approved as to form and legal sufficiency: By: ~V\A. PcJ~ Thomas C. Palmer, Assistant County Attorney 2 Words Underlined are added; Words Stmek TIrrSl:1gR are deleted. Agenda Item No. 17E October 24, 2006 Page 6 of 17 RESOLUTION NO, 2006 - _ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING AMENDMENTS TO THE COLLIER COUNTY WATER-SEWER DISTRICT'S UTIT...ITIES STANDARDS MANUAL, WHICH IS AN INTEGRAL PART OF COLLIER COUNTY ORDINANCE NO. 2004-31, THE COLLIER COUNTY UTIT...ITIES STANDARDS AND PROCEDURES ORDINANCE, CODIFIED IN ARTICLE III OF THE CODE OF LAWS AND ORDINANCES (CODE); PROVIDING ADELA YED EFFECTIVE DATE WHEREAS, in 2004 the Board of County Conunissioners (Board) adopted Collier County Ordinance No. 2004-31, entitled the Collier County Utilities Standards and Procedures Ordinance (the "Ordinance"), codified as Article In, Utilities Standards and Procedures, in Sections 134-51 through 134-64 of the Code of Laws and Ordinances, and WHEREAS, The "Collier County Water-Sewer District Utilities Standards Manual," (Manual) was adopted by the Board concurrently with the Ordinance, including all of the Manual's exhibits; and WHEREAS, after input from the stakeholders, the Development Services Advisory Conunittee agrees with these amendments all of which have been recommended by the Utility Code Subcommittee, staff is recommending that the Board adopt the attached Resolution to approve these amendments to the Manual; and WHEREAS, the Ordinance provides that revisions to the Manual are to be approved by Resolutions of the Board; and WHEREAS, the Executive Summary accompanying this Resolution details all significant amendments to the Manual; and WHEREAS, the Board accepts these recommendations to amend the Manual. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Collier County Water-Sewer District Utilities Standards Manual, as amended, is hereby approved, The Manual, as amended, shall take effect on the 14th day of October, 2006. This Resolution is adopted after motion, second and majority vote favoring adoption this _ day of October, 2006. AITEST DWlGlIT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By By: FRANK HALAS, Chairman Deputy Clerk Approved as to form and legal sufficiency: By: Thomas C. Palmer, Assistant County Attorney ~~ ~ r JI.V-- C'? N Cl N LlJ<.Ol'- Cl ~= ,... 'C '0 c: -il'- III N "'"NQ) N E'-OJ Cl N CllQ)ro Cl _.oD... ,... -0 . ro...... -oU 0 cO Z Q) OJ <1: - (,) CD . ..... 0 ~ a. - CO - .- Q, CO " U 0 >- .... 'o:t .. o -..-.' -..-, -- ..-... . -.. ,....-.. -..-. -'-- M .. - a co o ~ -..-". 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CI) 1Il~ .g ~ tS~ :::l .... _ GI \,)..Q :s E .~ ~ 0_ a; al ~ 'e- Cl)Q.; ~ Qf - \,) ~ ~ ::.,.5: 'l:"E :::l0 8 III ~ ~ ::J =="2 o \,) o e ~Q.; :>::-0 !?~ .~ ~ 'S;: l: ~~ a ~ '- - ]~ ~ ,~ Q,) .'t::: ct::5 Ill:::l ;:-~ _ t:: Q,::J -88 III .... ~~ GI"O ~u .~ ~ 'E; g~ o ::: :.,S:! :: ~ ~ ~ o ::: ..... III o -e'E III 0 ci5 ::: Qi III .:::~ ::-0 III ::: ~ Ct\ :::~ ,0 _ ~~ a; E :::: o (.) Qi Q: - - - - I- I- - - - - - I-- I-- - - - - - - - Agenda Item No. 17E October 24,2006 Page 8 of 17 ATTACHMENT - SUMMARY OF REVISIONS TO THE JULY 2005 EDITION OF THE COLLIER COUNTY UTILITIES STANDARDS MANUAL SECTION 3 - DETAIL DRAWINGS 1. The computer format of each Detail Drawing has been revised for easier Computer Aided Design (CAD) use. 2. All statements regarding acceptable manufacturers were changed from "or equal" to "or County approved equal." 3. Requirements were revised for restrained pipe lengths - a new Detail Drawing specifying new reduced lengths was created. 4. The requirements for Contractors to contact Sunshine One Call and Utility Companies prior to excavation were clarified. 5. Nine new Detail Drawings were created for Reclaimed Water Electrical and Instrumentation & Controls infrastructure. 6. The force main Air Release Valve Detail Drawing was revised. 7. The requirement for valves at each end of Directional Drill Piping was clarified. 8. Various Water Department-requested revisions including changes to acceptable manufacturers and addition of a maintenance driveway at large water meters were incorporated. 9. Sizes of grease interceptors were revised to comply with the Florida Department of Health and the Florida Administrative Code (F.A.C.). SECTIONS 1 & 2 - DESIGN CRITERIA and TECHNICAL SPECIFICATIONS 1. A new specification section was provided regarding Pipe Removal and Demolition. 2. A new specification section was provided regarding Record Drawings, which amplifies the existing requirements for surveyed as-built information. 3. The possible use of butterfly valves in water mains was deleted. SECTION 4 - APPENDICES 1. The Deviation Form (Appendix A) will be available in Microsoft Word format and will be more easily accessible from the County website. 2. The Water Meter Sizing Form (Appendix B) was revised to comply with the Florida Building Code. 3. A New Product Form (Appendix E) was developed for manufacturers and vendors to submit materials and services for consideration of County approval. The 2006 Utilities Standards Manual can be viewed at the Collier County Public Utilities web site. A detailed list of aI/ chanqes made since Julv 2005 can be found on the fol/owinq 9 paqes. Page 1 of 10 CHANGES SINCE THE JULY 2005 EDITION OF THE COLLIER COUNTY UTILITIES STANDARDS MANUAL Agenda Item No. 17E October 24, 2006 Page 9 of 17 CHANGES TO STANDARD DETAILS - SECTION 3 No. Revision Date Comments ALL GENERAL REVISIONS EACH DETAIL: 3/21/06 OATES ON EACH OETAIL CHANGEO TO: (1) EACH OETAIL CHANGEO TO MOOEL SPACE IN AUTOCAO; REVISEO: APRIL 2007 (2) ALL OETAILS PURGEO; (3) MOVEO INSERTION PONT TO 0,0; Copy of each detail provided to DSAC (4) SCALEO TO 8.5 BY 11 PAPER; Subcommittee meeting attendees on 3/21/06. (5) CHECKEO FOR CONSISTENT FONT; (6) REVISEO LAYERS ANO TEXT FOR CONSISTENCY; ANO (7) CORRECTEO SPELLING AND ABBREVIATIONS. ALL GENERAL REVISION: Replace text "gF 4/18/06 Subcommittee approval; changed Oetails G-5, ~" and "or approvod oqual" with "or NP-1, NP-4, NP-5, W-2, W-6, W-12, WW-2 County approved equal". thru WW-5, WW-6 GENERAL DETAILS G-1 Added text to end of Note 1 3/06 Water Oept requested minor chanqe G-2 Added Notes 4 & 5 Added text to end of Note 1 3/06 Water Oept requested minor chanqe Deleted Notes 4 and 5 regarding steel 4/18/06 Subcommittee approval casing and pipe class in subdivisions. G-2A New Detail Added steel casing to section; replaced 4/18/06 Subcommittee approval note 4 regarding casing with new Note 4 regarding ROW permit stipulations. 5/16/06 Subcommittee approval G-2B New Oetail Replaced note 4 regarding casing with new 5/16/06 Subcommittee approval Note 4 regarding ROW permit stipulations. G-3 Removed Existinq Note 5 Ouplicate of Note 4; Note 6 became Note 5 Added Notes 6 & 7 Added to Note 1 regarding vertical separation and revise definition of pipe clearances between pipes Changed Pipe Callouts in Note 2 Note 2: Revise second line in parenthesis 4/18/06 Subcommittee approval to state "(Class 235 AWWA C-905, OR 18...)" in lieu of Class 165, OR 25. Revised Note 2 to requires Oeviation Form 4/18/06 Subcommittee approval if vertical clearance is less than 18 inches; revised pipe class for PVC pipe sizes >12". G-4 Added Note 6 Removed restrained pipe length table and 5/16/06 Subcommittee approval associated notes to new Oetail G-10. G-5 Added to Note 1 regarding sub-aqueous crossings G-6 No changes identified G-7 No changes identified Page 2 of 10 CHANGES SINCE THE JULY 2005 EDITION OF THE COLLIER COUNTY UTILITIES STANDARDS MANUAL Agenda Item No. 17E October 24,2006 Page100f17 No. Revision Date Comments G-8 Revised valve distance from each end of 4/18/06 Subcommittee approval casing to be 40 ft; valve distance less than 40 ft will require Deviation Form; Note 9 revised to require valve to isolate the HOO G-9 Added Note 6 to revise valve distance from 4/18/06 Subcommittee approval each end of casing to be 40 ft; valve distance less than 40 ft will require Deviation Form; valves to isolate the HOO G-9A Delete old Detail and substitute new Oetail G-10 New Oetail for Restrained Pipe Lengths; 5/16/06 Subcommittee approval; restrained pipe revised pipe lengths lengths previously shown on G-4; required pipe lengths re-calculated and revised. NON-POTABLE WATER DETAILS ~ Detail is deleted; not needed N,Q4 Revise motor actuated valve to be 5/16/06 Subcommittee approval NP-1 open/close rather than modulating ~ Oetail is deleted; covered in NP Electrical Oetails ~ Revise to show long service and short 7/18/06 Subcommittee approval NP-2 service tubing sizes; clarify meter and valve by customer ~ Probable future deletion of old Detail and 8/15/06 Change to OetaillD number only NP-3 substitute new Oetail; No changes at this time NON-POTABLE WATER DETAILS: ELECTRICAL & INSTRUMENTATION NP-E1 Nine new drawings prepared by Oennis 10/18/05 OSAC Subcommittee approval; these thru McGee for incorporation into the Manual. drawings address irrigation/reclaimed water NP-E9 These drawings will be available on the connections with open/closed valves are website in two formats, AutoCAO 11" by currently not available to the public. 17" OWG format and Adobe 8.5" by 11" POF format. 4/24/06 Revised Orawings (Standard Oetails) are approved by PUED. 5/16/06 Subcommittee approval WATER DETAILS W-1 Oeleted text "Megalug" 4/18/06 Subcommittee approval W-2 Callout flushing device model Change % stone to #57 stone 3/06 Water Oept requested minor change Added text to end of Note 6 3/06 Water Oept requested minor change Delete Note 6 7/18/06 DSAC Subcommittee approval W-3 Changed Note 3 to reflect use of SS or 8/16/05 OSAC Subcommittee approval ductile iron saddles for all sizes Oeleted text "Meqalug" 4/18/06 Subcommittee approval W-4 Added to Note 4 regarding asbestos cement pipe Remove Febco as approved BFP supplier 3/06 Water Oept requested minor change and substitute Ames Changed Note 3 to reflect use of SS or 8/16/05 OSAC Subcommittee approval ductile iron saddles for all sizes Deleted text "Meqaluq" 4/18/06 Subcommittee approval Page 3 of 10 CHANGES SINCE THE JULY 2005 EDITION OF THE COLLIER COUNTY UTILITIES STANDARDS MANUAL Agenda Item No. 17E October 24,2006 Page 11 of 17 No. Revision Date Comments W-5 Chanaed Pedestal Callout Add ARI 0-040 as equal for air release 8/16/05 OSAC Subcommittee approval valve Removed "or approved equal" from ARV callout Revised Elbow Callout Chanae 7::1 stone to #57 stone 3/06 Water Oept reauested minor chanae W-6 Added reinforcing and depth to concrete 3/06 Water Oept requested minor change collar W-7 Changed Note 7 to reflect use of SS or 8/16/05 OSAC Subcommittee approval ductile iron saddles for all sizes Oeleted text "MeQaluQ" 4/18/06 Subcommittee approval W-8 Corrected spellinQ of Conbraco 3/06 Water Oept reauested minor chanae Remove Febco as approved supplier and 3/06 Water Oept requested minor change substitute Ames Add Note 7 requiring a 7::I-inch bypass flow 3/06 Water Oept requested minor change meter W-9 Remove Febco as approved supplier and 3/06 Water Oept requested minor change substitute Ames Oeleted text "MeQalua" 4/18/06 Subcommittee approval W-9A New Oetail: Temporary water/fire supply 8/15/06 OSAC Subcommittee approval with compact backflow preventer W-10 Remove Febco as approved supplier and 3/06 Water Oept requested minor change substitute Ames Add ARI 0-040 as equal for air release 8/16/05 Implied by OSAC Subcommittee approval of valve W-5: Water Oept reauested minor chanae Note 11 : Remove reference to A.M.R. 3/06 Water Oept requested minor change meter Oeleted text "Megalug"; pipe supports to be 4/18/06 Subcommittee approval stainless steel W-10A Old Oetail deleted in its entirety; see new 3/06 Water Oept requested minor change Oetail Rotated valve assembly to indicate proper 3/06 Water Oept requested minor change flow Added flanged strainer upstream of valve 3/06 Water Oept requested minor change assemblv Changes sizes from 4" to 8" to be 4" thru 4/18/06 Subcommittee authorization for Hole Montes 10" research and revision W-11 Remove Febco as approved supplier and 3/06 Water Oept requested minor change substitute Ames Oeleted text "Megalug"; pipe supports to be 4/18/06 Subcommittee approval stainless steel W-11A Added flanged strainer upstream of valve 3/06 Water Oept requested minor change assemblv Add Note 10 requiring a 7::I-inch bypass 3/06 Water Oept requested minor change flow meter Change size from 8" only to be 4" thru 10" 4/1-8/06 Subcommittee authorization for Hole Montes research and revision W-118 Oetail to be deleted as product no longer 3/06 Water Oept requested minor change available W-12 Note 4.0 revised to have one size clearly 4/18/06 Subcommittee approval stated for both lona and short services; Page 4 of 10 CHANGES SINCE THE JULY 2005 EDITION OF THE COLLIER COUNTY UTILITIES STANDARDS MANUAL Agenda Item No. 17E October 24,2006 Page 12 of 17 No. Revision Date Comments revise corp stop and tubing sizes; remove 7/18/06 Subcommittee approval strainer from meter box detail; shown RPZ device and gate valve by customer W-13 Removed ASS compound meter and inserted AMCO C3000 Compound Meter callouts revised Added 8" Flanqed Tee & Cap Callout Clarified wording to Notes 4, 5, 6, & 10 Intent of wording not changed, Note 11 Added Notes 10 and 11 removed 3/06 Water Dept requested minor chanqe Remove Febco as approved BFP supplier 3/06 Water Oept requested minor change and substitute Ames Oeleted text "Megalug"; pipe supports to be 4/18/06 Subcommittee approval stainless steel; add info for concrete slab rebar and size; clarify Note 6 as follows: add "from the meter assembly" after the word "equipment"; Delete Note 9 regarding auto meter reader W-14 Remove Febco as approved supplier and 3/06 Water Oept requested minor change substitute Ames Added new Note 8 requiring epoxy lining to 3/06 Water Oept requested minor change strainer Oeleted previous Notes 8 and 9 3/06 Water Oept requested minor change Oeleted text "Megalug"; pipe supports to be 4/18/06 Subcommittee approval stainless steel; add info for concrete slab rebar and size; clarify Note 6 as follows: add "from the meter assembly" after the word "equipment" W-14A New Oetail: Maintenance parking at water 8/15/06 OSAC Subcommittee approval meters 6" and over W-15 Remove Febco as approved supplier and 3/06 Water Oept requested minor change substitute Ames Added new Note 8 requiring epoxy lining to 3/06 Water Oept requested minor change strainer Oeleted text "Megalug"; pipe supports to be 4/18/06 Subcommittee approval stainless steel; add info for concrete slab rebar and size; add qauge cock & snubber W-16 Remove Febco as approved supplier and 3/06 Water Oept requested minor change substitute Ames Oeleted text "Megalug"; pipe supports to be 4/18/06 Subcommittee approval stainless steel; add info for concrete slab rebar and size; slab width to be 6 ft; add gauge cock & snubber W-16A Oetail to be deleted 3/06 Water Oept requested change WASTEWATER DETAILS WW-1 Oeleted text "Meqaluq" 4/18/06 Subcommittee approval WW-2 No changes identified WW-3 Remove Ram-Nek joint callout at rim and 4/26/05 cover of manhole Add text to rim callout regarding elevation in unpaved areas Added note to Section: Pipe shall be Page 5 of 10 CHANGES SINCE THE JULY 2005 EDITION OF THE COLLIER COUNTY UTILITIES STANDARDS MANUAL Agenda Item No. 17E October 24, 2006 Page 13 of 17 No. Revision Date Comments beveled or square Added 304 SS Inflow Protector Added "Or County approved equal" to 4/26/05 Cretex chimnev seal Revise to eliminate manhole in unpaved 5/16/06 Subcommittee approval area WW-4 Added "Or County approved equal" to 4/26/05 Cretex chimney seal Add text to rim callout regarding elevation in unpaved areas Added 304 SS Inflow Protector Added note to Section: Pipe shall be beveled or square Removed Ram-Nek joint callout at rim & 4/26/05 cover Revise to eliminate manhole in unpaved 5/16/06 Subcommittee approval area WW-5 Added "Or County approved equal" to 4/26/05 Cretex chimney seal Add text to rim callout regarding elevation in unpaved areas Added 304 SS Inflow Protector Added note to Section: Pipe shall be beveled or square Removed Ram-Nek joint callout at rim & 4/26/05 cover Revise to eliminate manhole in unpaved 5/16/06 Subcommittee approval area WW-6 Added 304 SS Inflow Protector Revised note on cast iron frame to state 4/18/06 Subcommittee approval "...frame on concrete to be... " Manhole ring and cover revised to only in 5/16/06 Subcommittee approval paved areas and flush with pavement WW-7 Pipe supports in vault to be stainless steel 4/18/06 Subcommittee approval WW-8 Added Electrical Oisconnect to Control Panel Number of Intake Lines Removed from Odor Control Table Removed most of Note 5 on control panel and made reference to technical specs Added Note 15 WW-8A New Oetail WW -88 New Oetail WW-9 Added text "Installed In Conduit" to ground rod Added Note 5 WW-10 Revised 2' dimension shown for C.O. 5/16/06 Subcommittee approval height to be at time of preliminary utility inspection; C.O. to be lowered to finish grade at time of plumber's tie-in; revise offset from ROW line to be 3"-12" WW-11 No changes identified WW-12 Revised 2' dimension shown for C.O. 5/16/06 Subcommittee approval Page 6 of 10 CHANGES SINCE THE JULY 2005 EDITION OF THE COLLIER COUNTY UTILITIES STANDARDS MANUAL Agenda Item No. 17E October 24, 2006 Page 14 of 17 No. Revision Date Comments height to be at time of preliminary utility inspection; C.O. to be lowered to finish grade at time of plumber's tie-in; revise offset from ROW line to be 3"-12" WW-13 Remove Ram-Nek joint from rim callout Changed Riser Ring callout Chanqed Grout to Ram-Nek Removed "or approved equal" from ARV Major revisions to piping and structure to 4/18/06 Major revision approved by DSAC allow 30" cover of pipe; Oetail only Subcommittee applicable in unpaved areas; top of structure to be approx 2" above adjacent grade and have slope to top WW-14 Removed "EFF" from frame & cover callout Removed "effluent main" from pipe callout Added ** Note on Oeviation Oelete old Oetail; new detail is similar to 4/18/06 Major revision approved by OSAC revised WW-13 except Oetail is applicable Subcommittee for paved areas WW -15 No changes identified WW-16 Revised 2' dimension shown for C.O. 5/16/06 Subcommittee approval height to be at time of preliminary utility inspection; C.O. to be lowered to finish grade at time of plumber's tie-in; revise offset from ROW line to be 3"-12" WW-17 Revised antenna base to be designed by 7/18/06 Subcommittee approval FL P ,E. to current Buildinq Code Add note clarifying telemetry is not required 9/06/06 OSAC approval for privately owned and maintained stations WW-18 Removed "Consult with Collier County Staff for" in Note 0 Revised structural design criteria; added 5/16/06 Subcommittee approval subject to approval of design submittal by PE; added witnessed Millie Kelley with Wastewater Oept; approval leakage test; revised depth of liquid; received 6/1/06. revised structural connections at piping; revised table of acceptable sizes Re-evaluate structure wall and slab 8/15/06 OSAC Subcommittee approval thickness; revised to 6 inches minimum; eliminate proposed Notes 1 and 2. WW-18A No chanqes identified CHANGES TO TECHNICAL SPECIFICATIONS - SECTION 2 Additions to text from Section 2 are shown in bold print, and deletions are shown with strike-through. No. Revision Date Comments All Replace text "or I3qual" and "or 3pprovod 8qual" with "or 5/16/06 Subcommittee approval based Sections County approved equal". on PUED request to clarify use of or equal suppliers; Total of 27 locations in Technical Sections 02226, 02400, 02607, 02622, 02630, 02650, 02675, Page 7 of 10 CHANGES SINCE THE JULY 2005 EDITION OF THE COLLIER COUNTY UTILITIES STANDARDS MANUAL Agenda Item No. 17E October 24,2006 Page 15 of 17 No. Revision Date Comments 02700, 13511, 15100 and 15110 01026 Measurement and Payment Section, Subtitle, Page 1: 5/16/06 Subcommittee approval Replace "(I\pplieEl enly to Collier County UtilitioEl Projecte or If/erkEl, not to Priv3te DevelopmentE: and not to Collior C9b1nty Tram;pert3ti9n Proj9~tE: )" with the following "(Applies only to Collier County Public Utilities Projects or Works and Utilities Portions of Collier County Transportation Projects, but not to Private Developments )" 01045 Paragraph 1.3.F, Page 2: 3/21 /06 OSAC Subcommittee approval (1) Insert following text after end of third sentence "Before to correctly identify the firm and commencement of any excavation, the existing phone numbers for contractors underground utilities in the area affected by the work must to call prior to any excavation. be marked by Sunshine One Call after proper notification to them by either calling 800/432-4770 or email 5/16/06 Subcommittee approval www.callsunshine.com. Before commencing excavation for the work, potholing of all potential conflicts must be performed. " (2) Insert the following text prior to the last sentence "In the event the potholing and/or vacuum soft dig does not locate the marked utility, work must be stopped and the affected utility owner contacted." 01090 Paragraph 1.5, Page 5: Add following text to include two 5/16/06 Subcommittee approval additional reference books: T. Metcalf and Eddy, Wastewater Engineering Treatment and Reuse, 4th Edition, McGraw-Hili, 2002. U. Water Environment Federation, Manual of Practice No. 11, Operation of Municipal Wastewater Treatment Plants, 601 Wythe Street, Alexandria, VA 22314-1994 01600 Paragraph 1.3.A.1.a, Page 3: Revise as noted: "Where 5/16/06 Subcommittee approval based request is directly related to an "or County approved on PUEO request to clarify use equal" clause or other language of same effect in of or equal suppliers Specifications." 01600 Paragraph 1.3.A.2.c, Page 3: Revise as noted: II "Or 5/16/06 Subcommittee approval based County Approved Equal": For equipment or materials on PUEO request to clarify use specified by naming one or more equipment of or equal suppliers manufacturer(s) and "or County approved equal", submit request for substitution and approval for any equipment or manufacturer not specifically named." 01750 Add new Specification Section, Record Orawings. 8/15/06 OSAC Subcommittee approval 02210 Add new Section, Pipe Removal and Abandonment 7/18/06 Subcommittee approval 02226 Paragraph 3.1.B.1, Page 4: Revise third line as noted 5/16/06 DSAC Subcommittee approval; "Use skids installed 7 foot or lace on oontor with 6 ft to 10 revised spec to conform to Std Page 8 of 10 CHANGES SINCE THE JULY 2005 EDITION OF THE COLLIER COUNTY UTILITIES STANDARDS MANUAL Agenda Item No. 17E October 24, 2006 Page 16 of 17 No. Revision Date Comments ft spacing as recommended by the manufacturer." Oetail 8-5 02622 Paragraph 1.3, Pages 2 and 3: Oelete paragraphs A, 8 3/21/06 OSAC Subcommittee approval; and C in their entirety and replace with same paragraphs this change corrects error in from 2004 Standards Manual. This substitution correctly PVC pipe pressure classes requires pipe not under pavement to be SOR 18 (4"-12") made in 2005 Manual and and 25 (14"-24") and pipe under pavement to be SOR 14 substitutes 2004 Manual and 18 for same sizes. version. 02622 Paragraph 1.3.8, Page 2: Revise text in twelfth line 8/16/05 OSAC Subcommittee approval "...Romac "Grip Ring: Sigma or Star restraint." of Sigma as acceptable supplier 02622 Paragraph 2.1.L.1, Page 5: Revise text in second line 8/16/05 OSAC Subcommittee approval "...Uniflange, Sigma or Star restraint." of Sigma as acceptable supplier 02630 Paragraph 2.5.F.1, Page 7: Revise text in third line 8/16/05 OSAC Subcommittee approval "... Romac Industries, Sigma or Star Restraint." of Sigma as acceptable supplier 02650 Paragraph 3.2.0,1, Page 9, Revise test in fourth and fifth 5/16/06 OSAC Subcommittee approval; lines "... marking tape shall be installed two feet (2') The same change is noted below grade ono foot (1 ') 3bo,/Q top of pipe during backfill below in Section 1, Design operations... " Criteria. 15100 Paragraph 2.3.C, Pages 4 and 5: Delete entire paragraph 8/16/05 DSAC Subcommittee approval; of subsection C, which allows underground butterfly Water Oept request to remove valves. To accommodate deletion of paragraph .C, revise butterfly valves as an subsection letters starting with 0 on page 5 through H on acceptable product for use in page 8. water mains. CHANGES TO DESIGN CRITERIA & APPENDICES - SECTIONS 1 & 4 Additions to text from Sections 1 and 4 are shown in bold print, and deletions are shown with strike- through. No. Revision Date Oesign Paragraph 1 .1 , Page 1, Revise text in fourth line of last sub-paragraph as noted: 5/16/06 Criteria - ".. .placed in the pipe trench two feet (2') below grade or one-half the pipe's bury, Section 1 whichever is less, one foot (1 ') 3bo'/o top of pipe and labeled.... " Oesign Paragraph 1.2.2, Page 3, Add following text to the end of the first sub-paragraph: "Water 8/15/06 Criteria - mains shall not be placed beneath any existing or proposed building structure." Section 1 Oesign Paragraph 1.2.3, Page 4: Revise twelfth line as noted "...thickness Class 200 AWWA 5/16/06 Criteria - C900 PVC pipe, Class 235.:t-ge- AWWA C905 PVC.,. " Section 1 Page 9 of 10 CHANGES SINCE THE JULY 2005 EDITION OF THE COLLIER COUNTY UTILITIES STANDARDS MANUAL Agenda Item No. 17E October 24, 2006 Page 17 of 17 No. Revision Date Oesign Paragraph 2.1.4, Page 11, Revise as noted: "All sewer lateral ends shall be provided with 5/16/06 Criteria - a 3M or County approved equal magnetic marker." Section 1 Oesign Paragraph 2.1.4, Pages 11 and 12: Revise to allow laterals larger than six inches. 8/15/06 Criteria - Section 1 Oesign Paragraph 2.2.1, Page 12, Revise text in third and fourth lines of last sub-paragraph as 5/16/06 Criteria - noted: "...placed in the pipe trench two feet (2') below grade or one-half the pipe's Section 1 bury, whichever is less, one foot (1 ') 3BOVO top of pi po and labeled...." Oesign Paragraph 2.2.2, Page 13, Add following text to the end of the last sub-paragraph: "Force 8/15/06 Criteria - mains shall not be placed beneath any existing or proposed building structure." Section 1 Appendix A Revise signatures required for Oeviation Forms as requested by Water Oept and 5/16/06 Wastewater Oepartments; Add Reclaimed/lrrigation Water to subtitle of Water Oeviation Form; General revisions to Wastewater Oeviation Form as requested by Wastewater Oepartment; Oeviation Forms to be accessible on the website without downloading the entire technical standards. Appendix B General revisions to the water meter sizing to conform to the Florida Building Code 8/15/06 Appendix 0 Minor changes to Utilities Conveyance Checklist; Added (a) testing of telemetry, (b) 8/15/06 pressure testing of irrigation mains, (c) certification of irrigation facilities within right-of-way, and (d) OEP certification for irrigation facilities. Note: Some changes to Detail Drawings, Section 3, do not have a date identified. These changes were brought to the attention of the Project Manager and Hole Montes at various times between July, 2005 and March, 2006 in response to review comments from Wes Hill of the Collier County Community Development and Engineering Services Division Engineering Services Department. Page 10 of 10