Backup Documents 11/28/2006 R
BACK-UP
DOCUMENTS
BCC
REGULAR
MEETING
NOVEMBER 28, 2006
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
November 28, 2006
9:00 AM
Frank Halas, Chairman, District 2 (Absent)
Jim Coletta, Vice-Chairman, District 5 (Acting Chairman)
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
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November 28, 2006
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.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Swear- In Commissioner Fred Coyle by Judge Frederick Hardt
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary agenda.)
Approved and/or adopted w/changes - 4/0
B. October 17,2006 - Value Adjustment Board Special Magistrate
Approved as presented - 4/0
C. October 19,2006 - Value Adjustment Board Special Magistrate
Approved as presented - 4/0
D. October 24, 2006 - BCC/Regu1ar Meeting
Approved as presented - 4/0
E. October 25, 2006 - BCC/Regular Meeting-Continuation of October 24, 2006
Approved as presented - 4/0
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November 28, 2006
F. October 25,2006 - BCC/Land Development Code Meeting
Approved as presented - 4/0
G. October 30, 2006 - BCC/Land Development Code Meeting
Approved as presented - 4/0
H. November 1, 2006 - BCC/Emergency Meeting
Approved as presented - 4/0
I. November 1,2006 - Value Adjustment Board Special Magistrate
Approved as presented - 4/0
J. November 2,2006 - Value Adjustment Board Special Magistrate
Approved as presented- 4/0
K. November 3,2006 - Value Adjustment Board Special Magistrate
Approved as presented - 4/0
L. November 8, 2006 - BCC/Pre-Legislative Workshop
Approved as presented - 4/0
M. November 15,2006 - Value Adjustment Board Special Magistrate
Approved as presented - 4/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1) Linda Swisher, Ochopee Fire
Presented
B. 25 Year Attendees
1) Polly Currie, Human Services
Absent
4. PROCLAMATIONS
A. Proclamation commemorating the 50th Anniversary of the Hungarian
Revolution. Proclamation to be accepted by Mr. Andy Evva.
Adopted - 4/0
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November 28, 2006
B. Proclamation to recognize Sgt. Timothy Durham for his duty in the United
States Army and congratulating him for his accomplishments and
willingness to put himself in harm's way to protect our country. To be
accepted by S gt. Timothy Durham.
Adopted - 4/0
C. Proclamation designating December 1,2006 World AIDS Day. To be
accepted by Scott Tims, M.S., HIV/ AIDS Program Manager, Collier County
Health Department.
Adopted - 4/0
D. Proclamation designating November 28, 2006 American Association of
University Women Day. To be accepted by (1) Harriet Lancaster, President;
(2) Jennifer Walker, Past President; (3)Robin Bimhak, Director of Public
Policy; (4) Rose Ford, Secretary; (5) Marilyn Von Seggem; (6) John
Goodlet, Historian; (7) Jeanne Bolds, Communications; (8) Lenice A.
DeLuca, Director of Finance.
Adopted - 4/0
E. Proclamation to recognize Staff Sergeant John Plummer for his duty in the
United States Army and congratulating him for his accomplishments and
willingness to put himself in harm's way to protect our country. To be
accepted by Staff Sgt. John Plummer.
Adopted - 4/0
F. Proclamation to recognize Sergeant Travis Henderson for his duty in the
United States Army and congratulating him for his accomplishments and
willingness to put himself in harm's way to protect our country. To be
accepted by Sergeant Travis Henderson.
Adopted - 4/0 (Sgt. Travis Henderson called in his absence)
5. PRESENTATIONS
A. Sea Grant update by Mr. Bryan Fluech, Collier County Sea Grant Agent,
Rookery Bay NERR.
Presented: BCC determined they need to hold a workshop meeting
B. Presentation by John Carlo, Inc. on progress on Goodlette-Frank Road re-
laning from Golden Gate Parkway to south of Pine Ridge Road.
Presented and discussed with the Transportation Department
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November 28, 2006
C. Big Cypress Area of Critical State Concern De-designation Presentation by
Staff of Florida Department of Community Affairs.
Presented and approved draft resolution w/changes opposing any de-
designation by the state; Proposed resolution w/changes (stipulations) to
be brought back for review at the December 12,2006 BCC Meeting.
6. PUBLIC PETITIONS
A. Public Petition request by Joseph DiMurro to discuss blasting level
requirements set by the State and subsequent house damage.
Discussed - Motion to bring back for review no later than January 23,
2007 - 4/0
B. Public Petition request by Marvin Johns to discuss access road between
Amity Road and Johns Road.
Discussed - Transportation to explore options
C. Public Petition request by Jeannette Showalter to discuss citizen petition for
forming MSTU for Naples Park Lake.
Discussed: Item to be heard at the December 12,2006 BCC Meeting
Item 7 and 8 to be heard no sooner than 1:00 D.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. Recommendation to adopt a Resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2005-06 Adopted Budget.
Resolution 2006-BAR-02 Adopted w/stipulations - 3/1
(Commissioner Coletta opposed)
B. Recommendation that the Board review and approve an Ordinance Creating
the Rock Road Improvement Municipal Service Taxing Unit; providing the
authority; providing for the creation; providing a purpose and governing
body; providing funding and the levy of not to exceed three (3) mils of Ad
Valorem Taxes per year; providing for the collection of taxes; and providing
for an effective date; providing for duties of the County Manager or his
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November 28,2006
designee; providing for conflict and severability; providing for inclusion in
the Collier County Code of Laws and Ordinances; and providing for an
effective date.
Ordinance 2006-56 Adopted - 4/0
C. Recommendation that the Board review and approve an Ordinance creating
the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit;
providing the authority; providing for the creation; providing a purpose and
governing body; providing funding and the levy of not to exceed three (3)
mils of Ad Valorem Taxes per year; providing for the collection of taxes;
providing for creation of the Haldeman Creek Maintenance Dredging
Advisory Committee, appointment and composition; providing for the terms
of office of the Advisory Committee; providing for the officers of the
Advisory Committee, quorum and rules of the procedure; providing for
functions, powers and duties of the Advisory Committee; providing for the
duties of the County Manager or his designee; providing for the review
process of the Advisory Committee; providing for conflict and severability;
providing for inclusion in the Collier County Code of Laws and Ordinances;
providing for an effective date.
Motion to continue to the December 12,2006 BCC Meeting
Approved - 3/1 (Commissioner Coyle opposed)
D. Request the Board approve an Ordinance of The Board Of County
Commissioners of Collier County, Florida amending the Code of Laws and
Ordinances of Collier County at Chapter 130, Traffic and Vehicles, to add a
section allowing for the use of golf carts upon designated county roads in
Goodland, Florida subject to specified restrictions; providing for inclusion in
the Code of Laws and Ordinances; providing for conflict and severability;
and providing for an effective date.
Ordinance 2006-57 Adopted w/fiscal stipulations - 3/0
Continued to the December 12,2006 BCC Meeting
E. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. PUDZ-A-2006-AR-
9021 LASIP Conservation CFPUD Collier County Transportation Division,
represented by Fred Reischl, AICP, of Agnoli Barber & Brundage,
requesting a PUD to PUD Rezone (The Club Estates) to PUD (LASIP
Conservation Area). The CFPUD is currently part of The Club Estates PUD.
That PUD is being amended concurrently to remove the 99.3 acres that are
the subject of the petition. The LASIP Conservation Area CFPUD is owned
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November 28, 2006
by Collier County. The site is currently governed by a conservation
easement. The proposed uses include restoration, protection and preservation
of native vegetative communities and wildlife habitat; a necessary use of
passive recreation is also described. The subject property is located along
Collier Boulevard, south of Club Estates Drive and north of Naples Lakes
Country Club, in Section 9, Township 50 South, Range 26 East, Collier
County, Florida. (Companion to PUDA-2006-AR-9576)
Continued to the December 12, 2006 BCC Meeting
F. This item to be heard followiDl! Companion Item PUDZ-A-2006-AR-
9021~ Item 8E. This item requires that all participants be sworn in and
ex parte disclosure be provided bv Commission members. Petition:
PUDA-2006-AR-9576 The Club Estates II, LLC, represented by Michael
Fernandez, AICP, of Planning Development Incorporated, requesting a PUD
Amendment to change the Club Estates Planned Unit Development (PUD)
to Homes of Islandia Residential Planned Unit Development (RPUD). The
proposed amendment seeks to remove 99 acres from the original PUD,
reduce the number of allowable dwelling units from 49 to 28, change the
name and remove a recreation tract and a common trash collection area as
requirements. The subject property is 155.3 acres, with a proposed density of
0.18 units per acre, and is located on the west side of Collier Boulevard
(C.R. 951), approxinlately 1 mile north of Rattlesnake-Hammock Road, in
Section 10, Township 50 South, Range 26 East, Collier County, Florida.
(Companion to PUDZ-A-2006-AR-9021)
G. Recommendation that the Board of County Commissioners adopt an
ordinance that establishes a process and procedure providing for exceptional
benefits compensation for conveyance of an interest in Conservation Collier
Lands.
Ordinance 2006-58 Adopted - 2/1 (Commissioner Henning opposed)
H. This item to be heard at 2:00 p.m. This item requires that all
participants be sworn in and ex parte disclosure be provided bv
Commission members. MUP-2006-AR-1 0052: VK Holdings Treviso Bay
Marina, LLC represented by C. Matt Joyner, P.A. Architect, requests a
Mixed Use Project in the Bayshore Drive District Overlay, proposing 2
residential units and 19,607 square foot of commercial floor area to be
known as The Odyssey - Treviso Bay Marina. The subject property,
consisting of 1.59 acres, is located at 3470 Bayshore Drive on the west side
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November 28, 2006
of Bayshore between Lakeview & Riverview Drive, in Section 14,
Township 50, Range 25, Collier County, Florida.
Motion to continue: Approved - 3/0
I. This item was continued from the November 14~ 2006 BCC Meetinl!~
and is further requested to be continued indefinitely. This item requires
that all participants be sworn in and ex parte disclosure be provided by
Commission members. PUDEX-2006-AR-9610 G.L. Homes of Naples II
Corporation, represented by Robert Duane, of Hole Montes, is requesting
two 2-year PUD Extensions for the Terafina PUD (Ordinance 04-15) which
is scheduled to sunset on March 9,2007. The subject property consists of
636.8 acres and is located 1 mile north of Immokalee Road, north of the
Olde Cypress PUD and east of Quail Creek, in Section 16, Township 48
South, Range 26 East, Collier County, Florida.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the East of 951 Infrastructure and Services
Horizon Study Public Participation Master Plan Committee.
Motion to Continue: Approved - 3/0
B. Appointment of member to the Isles of Capri Fire Control District Advisory
Committee.
Resolution 2006-313: Appointing William F. Rafeldt -Adopted 3/0
C. Appointment of member to the Board of Building Adjustments and Appeals.
Resolution 2006-314: Appointing Robert David Vigliotti - Adopted 3/0
D. Appointment of member to the Immokalee Beautification MSTU Advisory
Committee.
Resolution 2006-315: Appointing William Deyo - Adopted 3/0
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 11 :00 a.m. Recommendation to approve a
Resolution of the Board of County Commissioners of Collier County,
Florida, endorsing MDG Capital Corporations application to the State of
Florida for Community Workforce Housing Innovation Pilot (CWHIP)
Program funding. (Joseph K. Schmitt, Administrator, Community
Development)
Page 8
November 28, 2006
Resolution 2006-312 Adopted - 4/0
B. Recommendation to deny a petition to convert fields at Veterans Community
Park to (2) lighted Little League, (1) lighted Girls Softball, and (1) lighted
baseball field.
Motion to continue to the January 9, 2007 BCC Meeting with a time
certain of 4:00 p.m. Approved - 3/0
c. Recommendation to approve a Resolution of the Board of County
Commissioners of Collier County, Florida, authorizing the borrowing of not
exceeding $32,900,000 from the Pooled Commercial Paper Loan Program of
the Florida Local Government Finance Commission pursuant to the terms of
the loan agreement between the Commission and the County in order to
refinance a portion of a loan previously made to finance the acquisition of
certain land within the County, including land used and referred to as
Caribbean Gardens; authorizing the execution of a loan note or notes to
evidence such borrowing; agreeing to secure such loan note or notes with a
covenant to budget and appropriate legally available non-ad valorem
revenues as provided in the loan agreement; authorizing the execution and
delivery of such other documents as may be necessary to effect such
borrowing; and providing an effective date. (Michael Smykowski, Director,
Office of Management and Budget)
Resolution 2006-316 Adopted -3/0
D. Recommendation to adopt a Resolution authorizing the borrowing of an
amount not to exceed $1,200,000 from the Pooled Commercial Paper Loan
Program of the Florida Local Government Finance Commission pursuant to
the loan agreement between the Board of County Commissioners and the
Commission in order to finance the acquisition and equipping of four (4)
ambulances for the Collier County Emergency Medical Services (EMS)
Department; authorizing the execution of a loan note or notes to evidence
such borrowing; agreeing to secure such loan note or notes with a covenant
to budget and appropriate legally available non-ad valorem revenues as
provided in the loan agreement; authorizing the execution and delivery of
such other documents as may be necessary to effect such borrowing; and
providing an effective date. (Michael Smykowski, Director, Office of
Management and Budget)
Resolution 2006-317 Adopted - 3/0
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November 28, 2006
E. Recommendation to approve the application by C- Tech Manufacturing
Florida, LLC for the Job Creation Investment Program and the Fee Payment
Assistance Program and to consider all four Economic Incentives as one
budget. (Joseph K. Schmitt, Administrator, Community Development)
Motion to Continue: Approved - 3/0
F. Recommendation to approve the FY 07 contract between Collier County and
the State of Florida Department of Health for operation of the Collier
County Health Department in the amount of $1,690,800. (Marla Ramsey,
Administrator, Public Services)
Approved - 3/0
Moved from Item #16E3
G. Recommendation to approve budget amendments for the Courthouse Annex
Parking Garage, Project 52010, in the total amount of $400,000.
Approved - 3/0
(Motion to bring back Ordinance after staff review: Approved -3/0)
Moved from Item #16E4
H. Recommendation to approve the award of Bid No. 06-4055 Full Service
Auctioneer to Atkinson Realty & Auction, Inc. and Al Assets.
Approved - 3/0
Moved from Item #16E8
I. Recommendation to approve Change #3 to contract #05-3852, Design and
Related Services for the South Regional Library with Schenkel Shultz
Architecture, Inc. for additional design services related to changes in
exterior and interior design, in the amount of $64,420, Project 54003.
Approved w/Board recommended changes - 3/0
Moved from Item #16A3
J. Recommendation to authorize staff to publish public notice of one public
hearing regarding a staff recommended Ordinance to amend Ordinance
2001-75, as amended, the Public Vehicle for Hire Ordinance, and place the
recommended amending Ordinance on the Board's Summary Agenda for
possible enactment.
Approved - 3/0 (Staff to make changes to Ordinance)
11. PUBLIC COMMENTS ON GENERAL TOPICS
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November 28, 2006
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
Mudd- John Jack Robert Humphry passed away on Nov 11(served on
Education Facility Authority and Industrial Development Authority),
renovation project w/ Community Development Building, Letter from
Manager on Marco re: consolidated Fire Rescue/EMS Service, Letter from
Commissioner Halas regarding Collier Park of Commerce Annexation
negotiations and to designated a representative from the board - motion to
approve the Chairman at that time to represent - 3/0
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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Approved and/or adopted w/changes - 4/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation that the Board of County Commissioners accept (as
the said beneficiary) financial surety in the form of a letter of credit in
the amount of $40,000.00 on behalf of Florida Audubon Society.
Pursuant to the applicable provisions of the Environmental
Restoration and Maintenance (ERM) Transfer of Development Rights
(TDR) bonus credit requirements, the Collier County Land
Development Code requires financial surety in relation to all privately
implemented restoration and maintenance plans.
2) Recommendation to approve for recording the final plat of Black Bear
Ridge Phase 3, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
Page 11
November 28, 2006
Moved to Item #10J
3) Recommendation to authorize staff to publish public notice of one
public hearing regarding a staff recommended Ordinance to amend
Ordinance 2001- 75, as amended, the Public Vehic1e for Hire
Ordinance, and place the recommended amending Ordinance on the
Board's Summary Agenda for possible enactment.
4) Recommendation that the Board of County Commissioners approve
an individual calculation of General Government Building Impact
Fees for the proposed City Furniture/Ashley Furniture store, resulting
in a rate of $194 per 1,000 square feet, in accordance with the
provisions of Section 74-202(1) of the Collier County Code of Laws
and Ordinances, which is the Collier County Consolidated Impact Fee
Ordinance, and as reviewed and approved by Collier County's impact
fee consultant.
5) Recommendation to approve for recording the final plat of Mandalay
Place, approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
W /stipulations
B. TRANSPORTATION SERVICES
1) Recommendation to approve an amended funding agreement with the
South Florida Water Management District for an additional amount of
$100,000.00 for construction of the Gordon River Water Quality Park.
2) Recommendation to award Bid No. 07-4060 to Quality Enterprises
USA, Inc. for construction of the Fourteenth Street Outfall
Improvement Project, Project Number 510059 in the amount of
$482,895.18.
3) Recommendation that the Board of County Commissioners approve a
Florida Department of Transportation Local Agency Program (LAP)
Agreement for receipt of federal dollars for lighting at Bayshore Drive
Bridge and for a Resolution authorizing the Board's Chairman to
execute the LAP Agreement. ($200K)
Resolution 2006-300
Page 12
November 28, 2006
4) Recommendation to authorize the expenditure of $54,860 from the
Federal Transit Administration (FTA) FY07 5307 grant for the
purchase of a Ford Paratransit vehicle from the FY06 Florida Vehicle
Procurement Program and waive the competitive purchase process.
5) Approve a Budget Amendment recognizing an additional $195.00 in
Transportation Disadvantaged (Fund 427) Trip and Equipment Grant
Funding for Fiscal Year 2007.
c. PUBLIC UTILITIES
1) Recommendation to approve the Satisfaction for a certain Water
and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $10.00
to record the Satisfaction of Lien.
2) Recommendation to adopt a Resolution to approve the Satisfaction of
Lien for a Solid Waste residential account wherein the County has
received payment and said Lien is satisfied in full for the 1992 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
impact is $20.00 to record the Satisfaction of Lien.
Resolution 2006-301
3) Recommendation to adopt a Resolution to approve the Satisfaction of
Lien for a Solid Waste residential account wherein the County has
received payment and said lien is satisfied in full for the 1993 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
impact is $20.00 to record the Satisfaction of Lien.
Resolution 2006-302
4) Recommendation to adopt a Resolution to approve the Satisfactions of
Lien for Solid Waste residential accounts wherein the County has
received payment and said Liens are satisfied in full for the 1995
Solid Waste Collection and Disposal Services Special Assessments.
Fiscal impact is $30.00 to record the Satisfactions of Lien.
Resolution 2006-303
5) Recommendation to adopt a Resolution to approve the Satisfactions of
Lien for Solid Waste residential accounts wherein the County has
received payment and said Liens are satisfied in full for the 1996
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November 28, 2006
Solid Waste Collection and Disposal Services Special Assessments.
Fiscal impact is $30.00 to record the Satisfactions of Lien.
Resolution 2006-304
6) Recommendation to authorize the sole-source purchase of Bioxide,
for use by the Wastewater Reclamation Department in the estimated
annual amount of $500,000 per year.
7) Recommendation to Authorize Sole Source Purchase of Replacement
Pumps, Specified Repair Parts and Materials for Approved
Submersible Lift Stations in the estimated annual amount of
$700,000.
8) Recommendation to authorize the sole-source purchase of equipment
for the replacement of five (5) Drive Reducers in the amount not to
exceed of$123,864 for the North County Water Reclamation Facility
Rehabilitation, Project 725112.
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners authorize
the Chairman to sign an agreement with the Agency for Health Care
Administration for $235,180 to participate in the Lower Income Pool
Program for Federally Qualified Health Centers for services provided
for the County's most vulnerable citizens and generate $326,263 in
Federal matching funds for Collier Health Services, Inc.
E. ADMINISTRATIVE SERVICES
1) Recommendation to award Contract 06-4054, On Call Software
Development Services, to the following three professional services
firms for a term of two years: Idea Integration in Jacksonville, Florida;
Latitude Geographics in Victoria, British Columbia and Skill Storm in
Bradenton, Florida.
2) Recommendation to confirm and consent to the name change of
contractor on Contract No. 04-3588 titled Fixed Term Material
Testing Services from Professional Engineering & Inspection Co.,
Inc. (PEICO) d/b/a US Laboratories, Inc. to Bureau Veritas North
America, Inc.
Page 14
November 28, 2006
Moved to Item #10G
3) Recommendation to approve budget amendments for the Courthouse
Annex Parking Garage, Project 52010, in the total amount of
$400,000.
Moved to Item #10H
4) Recommendation to approve the award of Bid No. 06-4055 Full
Service Auctioneer to Atkinson Realty & Auction, Inc. and Al
Assets.
5) Recommendation to approve and execute the attached Second
Amendment to Lease Agreement with Roger Carvallo c/o Sun Real
Estate for the continued use within Court Plaza III for the Clerks
Finance Department at an annual rent of $80,347.44.
6) Recommendation to grant a Deed of Conservation Easement to the
South Florida Water Management District (SFWMD) for the
Emergency Services Complex (ESC) and South Regional Library at a
site located on Lely Cultural Parkway in Collier County, Florida and
at a cost not to exceed $61.00, Projects 52160 & 54003.
7) Recommendation to approve Southern Folger Detention Equipment
Company as the sole source provider for the repair and replacement of
the Naples Jail Emergency Gang Lock Release System, and authorize
the issuance ofa Purchase Order in the amount of$495,536.00.
Moved to Item #101
8) Recommendation to approve Change #3 to contract #05-3852, Design
and Related Services for the South Regional Library with Schenkel
Shultz Architecture, Inc. for additional design services related to
changes in exterior and interior design, in the amount of $64,420,
Project 54003.
9) Recommendation to design a Security Lobby for the W. Harmon
Turner Building to accommodate the general public and staff.
F. COUNTY MANAGER
Page 15
November 28, 2006
1) Approve Memorandum of Understanding (MOU) between The
Collier County Board of County Commissioners (CCBCC), through
its Emergency Management Department, and the Civil Air Patrol
(CAP) through its Florida Wing.
2) Approve Budget Amendments
BA #07-079
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2005-06 Adopted Budget.
Resolution 2006-BAR-Ol
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Board of County
Commissioners authorize its Chairman to execute a Resolution
authorizing the Collier County Airport Authority to enter into,
modify, or terminate Master Joint Participation Agreement (MJPA)
2007-A with the Florida Department of Transportation to fund
projects at the Everglades Airpark, the Immokalee Regional Airport
and Marco Island Airport.
Resolution 2006-305
2) Approve Agreement for Sale and Purchase for the purchase of thirty-
six (36) acres of panther mitigation land, to satisfy the United States
Army Corps of Engineers permit requirements for development at the
Immokalee Regional Airport/Tradeport, at a cost not to exceed
$319,500.
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation recognizing The Naples Press Club for 10 years of
commitment and contribution to the cultural and literary life of Collier
County. (Proclamation will be picked up by recipient Ms. Joan
Curley).
Proclamation Adopted
Page 16
November 28, 2006
2) Proclamation designating Childhood Cancer Awareness Week
November 27,2006 through December 6,2006. (Proclamation will be
mailed to Steven A. Firestein).
Proclamation Adopted
3) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attending the Big Cypress Basin Holiday Luncheon on Thursday,
December 7,2006, at Big Cypress Basin in Naples, Florida. $10.00 to
be paid from Commissioner Halas' travel budget.
4) Commissioner Fiala request Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Government Day Leadership Collier Class of 2007, on Thursday,
October 5th, 2006, at the Collier County Museum; $15.00 to be paid
from Commissioner Fiala's travel budget.
5) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Naples Chamber Farm City BBQ on Wednesday, November 22,2006
at the Nobles Collier Packing Plant; $18.00 to be paid from
Commissioner Fiala's travel budget.
6) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attend the Marco
Island Chamber Citizen of the Year/Christmas Gala on Wednesday,
December 6th, 2006; $65.00 to be paid from Commissioner Fiala's
travel budget.
7) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Commissioner Henning attended the Blue Chip Community
Recognition Breakfast on November 2, 2006, at the Hilton Naples &
Towers. $10.00 to be paid from Commissioner Henning's travel
budget.
8) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Commissioner Henning attended the Golden Gate Citizen of the Year
Page 17
November 28, 2006
Award Banquet on November 10,2006, at The Strand Country Club.
$35.00 to be paid from Commissioner Henning's travel budget.
9) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Commissioner Henning attended the Collier Building Industry
Association, Inc. Installation of the 53rd Board of Directors and
Officers, and Builder and Associate of the Year Awards Event on
November 18,2006, at The Naples Grande Resort & Club. $125.00 to
be paid from Commissioner Henning's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) To file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To request approval of an amendment to Contract #03-3497,
"Auditing Services for Collier County", with KPMG LLP, for $15,000
in services related to the issuance of the Collier County Water and
Sewer District Bonds, Series 2006.
K. COUNTY ATTORNEY
1) Recommendation to Approve Two Agreed Orders for Payment of
Expert Fees in Connection with Parcels 105/705 and 111/711 in the
Lawsuit Styled Collier County v. Raymond A. McCauley, et a!., Case
No. 05-0633-CA (County Road 951 (CR 951) Project #65061).
(Fiscal Impact: $19,068.00)
2) Recommendation to approve an Agreed Order A warding Appraisal
Fees for Parcels 131 and 132 in the lawsuit styled Collier County v.
West Coast Development Corp., et a!., Case No. 06-0708-CA (Santa
Barbara Boulevard Project No. 62081). (Fiscal Impact $6,000.00)
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
Page 18
November 28, 2006
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. The approved
Resolution No. 2006-188 has an INCORRECT date of February 10,2007 for
CUE-2006-AR-9424, American Dream Builders, Inc's Model Home and
Model Home Sales Centers Conditional Use Extension, the CORRECT date
has been changed to November 28,2007. The subject property is located at
4050 13th Avenue South West, at the comer of 13th Ave SW and Collier
Blvd (CR 951), in Section 15, Township 49 South, Range 26 East, Collier
County, Florida.
Resolution 2006-306
B. This item was continued from the October 24 BCC meetine: and is
further continued to the November 28 BCC meetine:. This item requires
that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation to approve Petition A VESMT-
2006-AR-9916-Imperial Wilderness Storage Maintenance Parcel to
disclaim, renounce and vacate the County's 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.
Resolution 2006-307
C. This item was continued from the October 24 BCC meetinf! and is
further continued to the November 28 BCC meetine:. This item requires
that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation to approve Petition A VESMT-
2006-AR-I0083, The Rookery at Marco to disclaim, renounce and vacate
the County's 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.
Page 19
November 28, 2006
Resolution 2006-308
D. Recommendation to adopt an Ordinance amending Collier County
Ordinance No. 72-1, as amended (The Collier County Lighting District) by
amending Section One, Area Established, by Deleting Edgewild
Subdivision, now known as Quail Woods Estates; providing for conflict and
severability; providing for inclusion in Code of Laws and Ordinances; and
providing for an effective date.
Ordinance 2006-54
E. This item was continued from the October 24 BCC meetine: and is
further continued to the November 28 BCC meetine:. This item requires
that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation to approve Petition A VROW-
2006-AR-9674 Lucenle Road to disclaim, renounce and vacate the County's
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, of the Public Records Collier County, Florida.
Resolution 2006-309
F. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Recommendation to
approve Petition A VESMT-2006-AR-9951, Townhomes at Raffia Preserve,
disclaiming, renouncing and vacating the County's and the Publics interest
in two existing public right-of-way easements, one being the West 30 feet of
the South of the Northwest of the Northwest, together with West 30 feet of
the North of the Southwest of the Northwest of Section 34, Township 48,
Range 26; The other being the East 30 feet of the North of the South
Northeast of the Northwest, together with the East 30 feet of the South of
the South of the Northeast of the Northwest and the East 30 feet of the North
of the Southeast of the Northwest of Section 34, Township 48, Range 26,
Collier County, Florida.
Resolution 2006-310
G. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. Recommendation to
approve Petition A VPLAT-2006-AR-98 10, 1487 Bembury Drive,
disclaiming, renouncing and vacating the County's and the Publics interest
in the Ten-Foot wide drainage easement encumbering the East Five-feet of
Lot 12 and the West Five-feet of Lot 11, Storter Subdivision, as recorded in
Page 20
November 28, 2006
Plat Book 5, Page 106, of the Public record of Collier County, Florida, and
more specifically described in Exhibit A and to accept a replacement
drainage easement, as depicted and described in Exhibit B in place of the
vacated easement.
Resolution 2006-311
H. Recommendation to approve an Amendment to Ordinance No. 80-80, as
Amended, to extend the Reporting Requirements Timeframe of the
Emergency Medical Services Advisory Council.
Ordinance 2006-55
I. This item has been continued to the December 12~ 2006 BCC Meetine:.
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Recommendation to
approve Petition A VROW-2006-AR-9477, GOLDEN GATE ESTATES
UNIT 95 to disclaim, renounce and vacate the County's and the Publics
interest in a 60 foot wide right of way easement known as 7TH Avenue NW
(Cherrywood Drive) over portions of Tracts 15 & 16, Golden Gate Estates
Unit 95, according to the plat thereof, as recorded in Plat Book 9, Page 45,
of the Public Records of Collier County, Florida, and more specifically
described in Exhibit A, and to accept a 20 foot wide alternate drainage
easement and two 10 foot by 10 foot alternate drainage easements over
portions of Tract 15, as more specifically described in the attached exhibits.
J. This item has been continued to the December 12~ 2006 BCC meetinf!.
This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. Recommendation to
approve Petition A VESMT-2006-AR-9775, Hanson to disclaim, renounce
and vacate the County's and the Publics interest in the south 30 feet of the
South half of the Southwest quarter of the Northwest quarter of the
Northeast quarter of Section 24, Township 48 South, Range 25 East, Collier
County, Florida.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 21
November 28, 2006
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
November 28. 2006
Item 8C: Page 6, Section Eleven. Review Process. Should read: "This Advisory Committee shall
be reviewed every (rather than 'ever') four (4) years commencing 2006 . . . . (Staff's request.)
Continue Item 8E to the December 12. 2006 BCC meetina: This item requires that all participants
be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2006-AR-
9021 LASIP Conservation CFPUD Collier County Transportation Division, represented by Fred
Reischl, AICP, of Agnoli Barber & Brundage, requesting a PUD to PUD Rezone (The Club Estates)
to PUD (LPAIP Conservation Area). The CFPUD is currently part of the Club Estates PUD. That
PUD is being amended concurrently to remove the 99.3 acres that are the subject of the petition.
The LASIP Conservation Area CFPUD is owned by Collier County. The site is currently governed
by a conservation easement. The proposed uses include restoration, protection and preservation
of native vegetative communities and wildlife habitat; a necessary use of passive recreation is
also described. The subject property is located along Collier Boulevard, south of Club Estates
Drive and north of Naples Lakes Country Club, in Section 9, Township 50 South, Range 26 East,
Collier County, Florida. (Companion to PUDA-2006-AR-9576). (Petitioner's request.)
Continue Item 8F to the December 12. 2006 BCC meetina: This item requires that all participants
be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDA-2006-
AR-9576 The Club Estates II, LLC, represented by Michael Fernandez, AICP, of Planning
Development Incorporated, requesting a PUD Amendment to change the Club Estates Planned
Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The
proposed amendment seeks to remove 99 acres from the original PUD, reduce the number of
allowable dwelling units from 49 to 28, change the name and remove a recreation tract and a
common trash collection area as requirements. The subject property is 155.3 acres, with a
proposed density of 0.18 units per acre, and is located on the west side of Collier Boulevard (C.R.
951), approximately 1 mile north of Rattlesnake-Hammock Road, in Section 10, Township 50
South, Range 26 East, Collier County, Florida. (Companion to PUDZ-A-2006-AR-9021.)
(Petitioner's request.)
Move Item 16A3 to 10J: Recommendation to authorize staff to publish public notice of one public
hearing regarding a staff recommended Ordinance to amend Ordinance No. 2001-75, as amended,
the Public Vehicle for Hire Ordinance, and to place the recommended amending Ordinance on the
Boards Summary Agenda for possible enactment. (Commissioner Coyle's request.)
Move Item 16E3 to 10G: Recommendation to approve budget amendments for the Courthouse
Annex Parking Garage, Project 52010, in the total amount of $400,000. (Commissioner Coletta's
request.)
Move Item 16E4 to 10H: Recommendation to approve the award of Bid No. 06-4055 Full Service
Auctioneer to Atkinson Realty & Auction, Inc., and A1 Assets. (Commissioner Coletta's request.)
Move Item 16E8 to 101: Recommendation to approve Change #3 to contract #05-3852, Design and
Related Services for the South Regional Library with Schenkel Shultz Arthitecture, Inc. for
additional design services related to changes in exterior and interior design, in the amount of
464,420, Project 54003. (Commissioner Fiala's request.)
Item 16H8: Should read. . . "$35.00 (rather than $70.00) will be paid from Commissioner
Henning's travel budget". (Commissioner Henning's request.)
Time Certain Items:
Item 8H to be heard at 2:00 p.m.: This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. MUP.2006.AR.10052: VK Holdings Treviso Bay
Marina, LLC represented by C. Matt Joyner, P.A. Architect, requests a Mixed Use Project in the
Bayshore Drive District Overlay, proposing 2 residential units and 19,6078 square foot of
commercial floor area to be known as The Odyssey - Treviso Bay Marina. The subject property,
consisting of 1.59 acres, is located at 3470 Bayshore Drive on the west side of Bayshore between
Lakeview & Riverview Drive, in Section 14, Township 50, Range 25, Collier County, Florida.
Item 10A to be heard at 11:00 a.m.: Recommendation to approve a Resolution ofthe Board of
County Commissioners of Collier County, Florida, endorsing MDG Capital Corporations
application to the State of Florida for Community Workforce Housing Innovation Pilot (CWHIP)
Program funding.
I 4A
PROCLAMA TION
WHEREAS, on October 23, 1956, a peaceful march through the streets of
Budapest by university students, joined by workers and civilians
numbering some 100,000, protesting against the Hungarian
communist government was fired upon by the Hungarian Security
Police causing a death toll in the hundreds: and,
WHEREAS, this action turned into armed conflict that spread throughout
Hungary, was suppressed by a wide scale offensive of 16 Soviet
armored divisions and resulted in tens of thousands of Hungarian
citizens killed and wounded, many of them women and children,
tens of thousands imprisoned or deported to Russia, and
hundreds executed: and,
WHEREAS, an estimated 200,000 Hungarians fled their country in the
aftermath of the Soviet suppression of the Hungarian uprising
and settled in various countries, with the majority in the United
States, where they continue to contribute to the culture and
economic strength of this nation, the State of Florida and Collier
County: and,
WHEREAS, some of these refugees who settled in Collier C()UIJty joined by
AmericQIIS of Hungarian descent, their friends, relt:ttives and
other patriots of freedom contributed a Statue, commemorating
the 5{fh anniversary of the 1956 Hungarian Revolution, as the
initial sculpture to be placed at the government complex to
commemorate those who have fought to preserve their freedoms.
NOW THEREFORE, be it pro&laimed by the Board of CiJunty Commissioners of
Collier County, FIDrida, that the hert/is", · and sacrifice for
freedom of the Hungarian people in 1956 be fully appreciated by
all freedom -loving members of the community: and the
Commemorative Statue be recognized as a lasting tribute to that
heroism and reminder of the possible cost of freedom.
DONE AND ORDERED THIS 28th Day of November, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~4d
'/FRANK HALAS, CHAIRMAN
fA TTEST:
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PROCLAMA TION
48
WHEREAS, TimDthy Durham grew up in FlemingtDn, New Jersey, where he attended and
graduated from the public school system. After graduating from high school,
he served nearly 7 years in the active Army with the 11th Armored Cavalry
Regiment, dh Infantry Division, and 101st Airborne Division. Following active
duty, he joined the Army Reserve so he could advance his civl1ian education.
Timothy earned a bachelor's degree from Rutgers University in 1989, with
High Honors; and,
WHEREAS, after graduating from Rutgers, Timothy obtained a Juris Doctor from Florida
State University College of Law in 1993. He went on to become the
Department Chairperson and an Associate Professor of Political Science and
Criminal Justice at Thomas University in Thomasvl'lle, Georgia; and,
WHEREAS, after four years of teaching he moved to southwest Florida and joined the
Collier County Sheriff's Office at the Drl'll Academy. The following year he
came to work for the Board of County Commissioners in the County
Attorney's Office as a legol assistant conducting research on a wide variety
of issues important to the County,' and,
WHEREAS, in December 2004, Timothy joined the Supervisor of Elections Office as
Deputy Supervisor. He became a researcher and an advisor to the Office and
assumed responsibl'lity for the absentee balloting process. Less than a year
later his National Guard Unit was called to active duty in Iraq; and,
WHEREAS, while serving in Iraq, Sergeant Timothy Durham distinguished himself by
exceptional meritorious conduct in performance of outstanding service to the
United States as Squad Leader in the Convoy Platoon, 651st Military Police
Company, Camp Bucca, Iraq, from November 2005 to October 2006, in
support of OPERATION IRAQI FREEDOM. He was awarded the Bronze Star
Medal for merit by the Secretary of the Army, Francis J. Harvey.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Florida, that Sgt. Timothy Durham be commended for his duty in the
United States Army and congratulate him for his accomplishments and
willingness to put himself in harm's way to protect our country.
DONE AND ORDERED THIS 28th Day of November, 2006
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~-.>~ /
FRANK HALAS, CHAIRMAN
A~
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DWIGHT E. BROCK, CLERK ..
I 4C
PROCLAMA TION
WHEREAS, the AIDS epidemic is a global emergency that affects people
in every country on earth; and,
WHEREAS, AIDS and HIV continue to be a health concern here in Florida
with over 35,000 HIV infections since 1997 and over 81,000
people living with HIV / AIDS; and,
WHEREAS, Collier County has over 290 HIV cases and over 950 AIDS
cases; and,
WHEREAS, in Collier County, World AIDS Day 2006 is focusing on youth
and the impact of HIV on faml1ies; and,
WHEREAS, recognizing that the fight against HIV and AIDS impacts all
communities, crosses racial and ethnic lines and can only be
stopped through education and prevention and by ensuring
that policies and programs exist to protect the rights of all
people to be informed and educated about the risks of HIV.
NOW THEREFORE, be it proclaimed by the Boord of County Commissioners
of Collier County, Florida that December 1, 2006 be
designated as
WORLD AIDS DAY
DONE AND ORDERED THIS 2sth Day of November, 2006
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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ATTEST:
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DWIGHT E. BROCK, CLERK
PROCLAMA TION
4D
WHEREAS, the American Association of University Women is one of the oldest existing
organizations dedicated to promoting education and equity for women and girls;
and,
WHEREAS, the American Association of University Women celebrates its 125th anniversary
this year from its inception on November 28, 1881; and,
WHEREAS, AAUW Greater Naples Branch advances the American Association of University
Women s 125- year legacy of leadership on behalf of women and girls in Naples,
Florida; and,
WHEREAS, the future of our nations productivity and competitiveness in the global
workplace depends on the success of boys and girls, men and women,' and,
WHEREAS, women have been discriminated against in education, the workplace, and society
as a whole; and,
WHEREAS, the American Association of University Women opens doors for women and girls
and influenc,es public debate on critical social issues such as education, civil
rights, and workplace equity; and,
WHEREAS, the American Association of University Women promotes excellence in academia
for women through the improvement of schools, communities, and fields of work
for the benefit of all.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County,
Florida, that November 28, 2006 be designated as
AMERICAN ASSOCIATION OF UNIVERSITY WOMEN DAY
and urge all the citizens of Collier County to recognize the value of education
and an equitable society, and the laudable work of the American Association of
University Women to that end.
DONE AND ORDERED THIS 2ath Day of November, 2006
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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PROCLAMA TION
WHEREAS, John A. Plummer Jr. grew up in Londonderry, New Hampshire where he attended
North Londonderry Elementary School, Londonderry Junior High School and
Londonderry High School,' and,
WHEREAS, after graduating from Londonderry High School on 8 June 1987, John enlisted in
the United States Army on 9 December 1987,' and,
WHEREAS, after graduating basic training, John attended the Field Artillery School at Fort
Sill, Oklahoma. After graduation, he was stationed at Fort Campbell, Kentucky
where he began serving as a Cannon Crewmember for Battery C, 5'h Battalion/ I1h
Field Artillery, JOJst Airborne Division (Air Assault). Shortly thereafter, he was
selected for and completed Air Assault training: and,
WHEREAS, on 24 February 1990, Specialist John Plummer joined the Florida Army National
Guard and has been a member of several units to include Ft. Myers, Sarasota and
Dade City, and has completed several state active duty assignments to include
Hurricane Andrew, George, Charley, Frances, Ivan and Jeanne plus state wJ'ld land
fires of 2000,' and,
WHEREAS, on J J February 2005, Staff Sergeant John Plummer's unit, Battery B, zd Battalion/
J 16th Field Artillery, Dade City, Florida was mobilized for active duty in support of
Operation Enduring Freedom as the security force for Task Force Phoenix, Kabul,
Afghanistan leaving behind his loving wife Stephanie, and his three wonderful
children Amanda, Donovan and Abigail,' and,
WHEREAS, Staff Sergeant John Plummer has earned the Army Commendation Medal, the
National Defense Service Medal, the Global War on Terrorism Service Medal, the
Armed Forces Reserve Medal with iff' device, the Overseas Service Ribbon, the
Army Drivers Badge, the Afghanistan Campaign Medal, and the SJ'lver German
Marksmanship Badge and is continuing to serve the Florida Army National Guard in
Winter Haven.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County,
Florida, that Staff Sergeant John Plummer, United States Army be commended for
his duty as an American Soldier and congratulate him for his accomplishments and
willingness to put himself in harm's way to protect our country.
DONE AND ORDERED THIS 28th Day of November, 2006
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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fRANK HALAS, CHAIRMAN
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DWIGHT E. BROCK, CLERK
4F
PROCLAMA TION
WHEREAS, Travis Henderson grew up in Immokalee, Florida, where he
attended and graduated from Immokalee High School in 1988.
After graduating from high school, he served nearly 2 years in
the active Army: and,
WHEREAS, following active duty, Sergeant Henderson returned home to his
family where he joined the Florida National Guard in 1998: and,
WHEREAS, Sergeant Henderson joined the Collier County Sheriffs Office in
2000 working in the jail for four years and then moving on to
road patrol until November of 2005 when his Guard unit was
called to active duty in Iraq,' and,
WHEREAS, while serving in Iraq, Sergeant Henderson distinguished himself
by exceptional meritorious service in support of Operation Iraqi
Freedom serving as a Team Leader and Shift Leader for the
Liberty Special Housing Unit at Baghdad Central Correction
FacIlity, Abu Ghraib.
NOW THEREFORE, be it proclaimed by the Boord of County Commissioners of
Collier County, Florida, that Sergeant Travis Henderson be
commended for his duty in the United States Army and
congratulate him for his accomplishments and willingness to put
himself in harm s way to protect our country.
DONE AND ORDERED THIS 28th Day of November, 2006
BOARD OF COUNTY COMMISSIONERS
COllIER COUNTY, FLORIDA
~<::2.c ___
FRANK HALAS, CHAIRMAN
A TrEST:
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DWIGHT E. BROCK, CLERK
IPcC-lZ oj 2C2;ao
J-;;.erYL 81t
Collier Sea Grant Agent Report to the Collier County Board of County Commissioners
November 28th, 2006
Summary:
The BCC approved funding for a Sea Grant agent position in fall of2005 and an agent was hired in January
of 2006. Employment began March 3, 2006. The agent has worked to develop positive working relationships
with local and regional agencies, organizations, stakeholder groups within and around the county. These
interactions have helped the agent identify local issues of concern and determine where future programming
efforts will be most warranted. For example, he has played a central role in implementing a monofilament
recovery and recycling program within Naples and Marco Island in attempts to reduce discarded monofilament
fishing line left in the environment. Currently, he serves as the project coordinator for a recently formed boating
education group that will address boater stewardship and access issues within the county's waterways. He has
also participated in several professional development opportunities to improve his program delivery skills as
well as increase his knowledge of marine-related issues in order to accurately meet his audience's needs. The
agent also recently selected his advisory committee, which consists of representatives from different marine-
related stakeholder groups. Their role will be to advise him and provide feedback for future programming
efforts. The committee's input and continued collaboration with local and state agencies will insure program
efforts are maximized and not duplicated.
The Collier County Sea Grant agent position is a partnership between:
OF FLORiDA
Co~y COMl1ty
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A Public Senk'n I)\'partmrnr
Marine Science
Sea~
Florida
IFAS E\tl'nsioll
Collil'r COlllltl'
I,'i
Partner contribution towards the Collier Sea Grant agent position
· University ofFloridaJ IFAS: 60% of salary, materials, equipment
· Collier County: 40% of salary, operational support
· Rookery Bay National Estuarine Research Reserve: In-kind services in the form of office space,
administrative support, and use of fleet vehicles/vessels (approximately $20,000/ year)
Description of the Sea Grant agent position
Plan, develop, implement and evaluate comprehensive marine and natural resource educational
programs that focus on marine recreation fisheries, commercial fisheries, industries including boating,
marinas, fishing retail stores, sport shops and other fishing-related businesses; artificial reefs for marine
resource and water quality education for adults and youth audiences related to fishing and fishing habitats, as
appropriate. The agent will conduct issue-based educational programs through workshops, conferences,
publications and electronic media for various audiences that are associated with the recreational and
commercial fishing sector, including fishing groups, marine and coastal resource users, marine management
agencies, public and private organizations, youth groups and educational
institutions.
Agent Highlights
· Enhanced the Monofilament Recovery and Recycling Program in Collier
County by installing 14 new outdoor recycling bins and two indoor
collection bins throughout Marco Island and Naples: developed a
brochure and permanent display on the hazards of discarded
monofilament line; coordinated with local media to raise awareness of the
recycling program, and recruited local volunteers to collect and clean line
from outdoor bins.
· Recipient of the FANREP Early Leadership Career Award.
...----......'-----........--.-..,,--..--.
. Collaborated with Sea Grant's project coordinator to host a hurricane response training workshop for
natural resource agencies.
. Coordinated with the Gulf of Mexico Fishery Management Council to host a Fisherman's Forum at
Rookery Bay to solicit feedback from recreational and commercial fishermen on fisheries issues in
southwest Florida.
. Organized a meeting and tour with FWCC staff at the state redfish hatchery for local recreational
fishermen to address concerns they had about stock enhancement programs in the state.
. Met with local saltwater fishing clubs/ media to explain the purpose of my position and distribute
materials relating to sustainable fishing practices.
. Began writing a monthly article for the Marco Island Eagle on fisheries/boating topics (venting tools,
boating impacts on seagrasses, and catch and release techniques)
. Planed and implemented a Family Marine Science Beach Program
at Delnor Wiggins State Park aimed at increasing citizen
awareness and appreciation for their local coastal environments:
Over 150 participants took part in the 6-session program.
. Assisted a local clam farmer with installment of lease site markers
and provided him with clam aquaculture manuals to use for his
operation.
. Developed a poster highlighting the commercial stone crab industry in Collier County for the annual
Farm City BBQ event.
. Assisted Rookery Bay biologist with monthly fish monitoring project in the 10,000 Islands area.
. Currently serve on the Keep Collier Beautiful Board of Directors
and helped organize and coordinate this year's International
Coastal Clean Up; over 6,000 lbs of hurricane-related debris were
removed between Rookery Bay and Everglades National Park.
. Currently serve as the project coordinator for the Marine Resource
Conservations Partnership of Collier County; Its mission is to
balance boater access and environmental protection in Collier
County through partnerships and education.
o Awarded $14,000 dollars from FWCC to implement project.
. Delivered presentations on Sea Grant, hurricane preparedness for boaters, marine biodiversity, seagrass
ecology, and the Monofilament Recovery and Recycling Program to local community groups.
. Instructed formal and informal educators on topics such as watersheds and ethical angling through
workshops and hands-on demonstrations.
. Coordinating and instructing marine ecology field trips and
providing curriculum support for loca14-H clubs.
. Currently serving on the Gulf of Mexico Alliance Environmental
Education Network's underserved/ underrepresented population
working group.
Collier County Sea Grant Advisorv Committee
. Dr. Greg Tolley (Professor, Florida Gulf Coast University)
. Sara Jewell (Exec Director, Marine Industries Assoc, Collier County)
. Scott Hopkins (General Manager, Cedar Bay Yacht Club)
. Will Geraghty (Fishing Guide, Grand Slam Charters)
. Louise Taylor (Science Instructor, Everglades City School)
. Tabitha Stadler (Coastal Training Program Coordinator, Rookery Bay ~ERR)
. Dr. Matt Finn (Commercial blue crabber, clam farmer, mangrove consultant)
. Larry Block (President, Naples Fishing Club)
For more information, please contact:
Bryan Fluech
(239) 417-6310, ext 225
fluech@ufl.edu
Sea~
Florida
The Florida Sea Grant College Program is committed to enhancing the practical use and conservation of coastal and marine resources to create a
sustainable economy and environment. Now in its 36th year, Florida Sea Grant is the only statewide university-based coastal research, education,
extension/outreach and communications program in Florida. One of 32 Sea Grant programs nationally, it is a partnership program among the
National Oceanic and Atmospheric Administration, Florida's universities and Florida's citizens, businesses and governments.
"CI",UNIVERSITY OF
'"""YFLORIDA
IFAS
FLORIDA SEA GRANT
Science Serving Florida's Coast
Participation
Florida Sea Grant operates through an advisory board of 16 mem-
bers, each appointed by the president of eleven public and three private
universities and two research laboratories in Florida. About $2.7 million
in federal Sea Grant funds is received annually based on competitive
awards. A coordinated statewide program involving all universities is
required by the National Sea Grant College Program in order for each
state to participate in the national program. The Florida Sea Grant Man-
agement Office, based at the University of Florida, is the portal through
which this occurs.
Student Support
About $550,000 annually of Florida Sea Grant's research funds
supports graduate students on research projects. About 30 graduate stu-
dents per year receive assistantship support. Since 1986, 97 ad-
ditional students at nine Florida universities (UF, USF, FIT, FSU, UWF,
NSU, UCF, FAU, FGCU) received Sea Grant scholarships using private
Aylesworth Foundation funds totaling $497,000. Ten graduate students
have earned a National Sea Grant Knauss Marine Policy Fellowship
to spend one year working in the executive or legislative branches of
government in Washington, D.C. since 2001.
Recognition
National Sea Grant Extension Award - The Urban Boating and Waterways Extension Program was named the top Extension program in
2003 among all 32 Sea Grant programs in a national competition conducted by the Sea Grant Association.
Sustainable Florida Award - Presented in 2003 by the Council for a Sustainable Florida, for overall excellence in statewide university-
based coastal research, problem-solving, education, extension/outreach and communications program.
Highest Performance Rating -- Based on a Program Assessment Team review by the National Sea Grant Office in 2005.
.
.
.
11 U M
TT.Jlll
1In
1., 1tI 1 IVI
Biotechnology
Florida is steadily climbing in the national
marine biotechnology scene. This area repre-
sents a solid opportunity for both university
scientists and biotechnology-based companies
to have an impact on the growth and duration
of this field.
Florida Sea Grant is:
· Using genetics to help NOAA determine
illegally harvested sharks and sustainably
manage the shark fishery.
· Exploring ways to produce marine organ-
ism-based compounds for use as anti-
inflammatory drugs and as potential can-
cer treatment. One new start-up company
is one result.
Aquaculture
Production of marine species is only a
small part of Florida's aquaculture production,
valued at about $100 million. Commercial cul-
ture of hard clams is a recent success story
and a critical mass of effort is developing for
the marine ornamental species sector.
Florida Sea Grant is:
· Developing hatchery technology for the
early life stages of cultured marine orna-
mental fish to remove a barrier for raising
them for the ornamental fish aquarium
market.
· Testing the potential for new clam species
to achieve diversity and new products for
clam growers.
lTlRJI
uw Impacts and Accomplishments uw l:ILli-RnRII II:lL Ron lfL III nR .nn IAI ~ nn lftil.. _.on U1 nRn.tM.. n
Seafood Safety
Florida has about 5,000 processing plants
and retail seafood firms. These range from
small retail shops to the nation's largest
shrimp processing plants. All are responding
to increasing demand, shifts in available sea-
food supply, increasing international trade and
competition, new regulatory inspection man-
dates and environmental concerns.
Florida Sea Grant is:
· Holding annual shrimp schools for domes-
tic processors and importers to teach the
latest technology and enable compliance
with safety and quality regulations.
· Determining new ways to process and
package seafood to eliminate potential
problems and avert regulatory action or
product safety issues.
Fisheries
Florida leads the nation in terms of
economic value from all uses of its marine fish
and shellfish. However, Florida's fisheries are
affected by multiple use conflicts, global trade,
overfishing, and coastline development that
contributes to habitat loss.
Florida Sea Grant is:
· Linking scientists, fishermen and the man-
agement agencies to ensure that scientific
principles and results keep Florida fisher-
ies biologically and economically sus-
tainable.
· Evaluating the value of various habitat
types in the production of snapper.
Waterfront Communities
Managing coastal development is a critical
challenge facing Florida. Water-dependent
small businesses are at risk and need new
technologies and regulatory changes to main-
tain access to coastal waters. Almost one
million boats and 1,500 coastal marinas are
critical to the economic survival of coastal
communities.
Florida Sea Grant is:
· Teaching boaters, marina operators, and
citizens how to avoid costly regulations
and maintain economically viable marine
industries by using science-based
maps and Geographic Information
System (GIS) technology.
· Participating with the Clean Boating Part-
nership to establish clean marinas and
boat yards to minimize environmental
impacts and maximize boating availability
in Florida's coastal waters.
Water Quality
From high quality recreational fishing op-
portunities on the Gulf coast, to attractive
ecotourism in the Florida Keys, to productive
commercial fishing along the Atlantic, "clean"
water is the engine that drives a significant
part of Florida's large renewable natural
resource-based economy.
Florida Sea Grant is:
· Developing portable sensor technology for
rapid detection of harmful bacteria in
coastal waters.
nn Florida Sea Grant's Academic Community of Marine Research, Education and Extension JU nn
EJ Florida Sea Grant State Specialists
. Economics
. Seafood Technology
· Waterways Boating
Management
. Marine/Coastal Law
. Recreational Fisheries
. Fisheries Habitat
. Coastal Planning
· Estuaries
. Teaching workshops on how activities in
watersheds affect water quality, and
using volunteer leaders to develop water-
quality programs.
Coastal Habitat
Environmental awareness in Florida is at a
high level, with wide public concern over the
"replumbing" of the Everglades in its planning
and funding phase. The Florida Keys National
Marine Sanctuary was recently established.
Florida is home to three of the nation's 24
National Estuarine Research Reserves,
and four National Estuary Programs.
nn
_U
Participating Institutions
Research & Education Faculty
(Locations shown are approximate)
University of West Florida, Pensacola
Florida A&M University, Tallahassee
Florida State University, Tallahassee
University of North Florida, Jacksonville
University of Florida, Gainesville
University of Central Florida, Orlando
Florida Institute ofTechnology, Melbourne
University of South Florida, Tampa & St. Petersburg
Mote Marine Laboratory, Sarasota
Harbor Branch Oceanographic Institution, Ft. Pierce
Florida Atlantic University, Boca Raton
Nova Southeastern University, Ft. Lauderdale
University of Miami, Miami
Florida International University, Miami
Florida Gulf Coast University, Ft. Myers
New College of Florida, Sarasota
~
Sea Grant Extension County Faculty
. Escambia
· Santa Rosa
· Okaloosa. Walton
. Bay
. Taylor
. Franklin
. Dixie, Levy
. Citrus, Hernando, Levy, Pasco, Pinellas
. Hillsborough, Manatee, Sarasota
. Charlotte
· Lee
. Collier
. Monroe
. Miami-Dade
. Broward
. SI. Lucie
. Brevard
. Nassau, Duval, SI. Johns, Flagler
Florida Sea Grant is:
. Conducting workshops for county-based
managers of artificial reef programs on the
latest technology for maintaining a sci-
ence-based reef system.
. Conducting research designed to reduce
the likelihood that harmful algae will be
introduced into Florida waters.
Coastal Hazards
Florida's coastline, home to 80 percent of
the state's residents, is at risk from winds,
waves and floods generated by tropical
storms. These coastal processes and hazards
D
Counties in need of Sea Grant
Extension County Faculty
. Gulf
. Wakulla
. Jefferson
. Palm Beach
. Indian River
. Martin
. Vol uSia
~.~ .....
can result in loss of life and billions of dollars
in damage.
Florida Sea Grant is:
. Designing new instruments to measure
ground-level winds so that data can be col-
lected and research completed that will
enable buildings to be constructed to with-
stand stronger hurricane winds.
. Developing criteria that will allow the pre-
diction of rip current channels so that
beachgoers can be warned of dangerous
conditions.
Florida Sea Grant Management
· Research
. Extension
. Ed ucation
. Communication
Contact:
Dr. James C. Cato, Director
Florida Sea Grant College Program
University of Florida
PO Box 110400
Gainesville, FL 32611-0400
(352) 392-5870 x227
Fax: (352) 392-5113
email: jccato@ufl.edu
www.flseagrant.org
SGEF 154 04/06
sce - ;2
JI/Zg/l
II
1}cffV56
LEAGUE OF WOMEN VOTERS@
OF COLLIER COlJNTY
November 28, 2006
Commissioner Jim Coletta
Commissioner Fred Coyle
Commissioner Donna Fiala
Commissioner Frank Halas
Commissioner Tom Henning
Dear Commissioners;
RE: De-designation of the Big Cypress Area of Critical State Concern
The League of Women Voters of Collier County is pleased that the Department of
Community Affairs (DCA) is taking this opportunity to brief the Board of County
Commissioners about DCA's proposal to de-designate the Big Cypress Area of Critical
State Concern.
We are also pleased that you have this opportunity to provide your comments before the
Governor and Cabinet, sitting as the Administration Commission, make their decision
about the DCA's recommendation.
However, we are concerned about the lack of public input into DCA's decision-making
process. Due to the magnitude and significance of this proposed change, and the fact that
the public and stakeholders have not been privy to a discussion about this matter, we ask
that you do everything you can to provide adequate opportunities for public hearings and
public involvement in any decision to change the designation of the Big Cypress Area of
Critical State Concern.
Thank you.
Sincerely,
Chris Straton
President
~~~~o~ntY~Manager.Jfm-Mud~_.J~ep:-MIk~D~~s--..-I~Rep~-Davi~~~~~~=1
L__~_~~tor Burt S~unders ___ I Rep. Demst?_G?msley'~g~p.:..I~dI WI!!_I.a~__1
I ! Senator Larcema Bullard ! Rep. Garrett RIchter ! i
......__._..--1__.__._.___.____.._....._.____...___.___.___._________.......J.....___......___.__....___......_........_..._._....__..........._1.........._._........_..___...__....._..._.....__...._...__......._._.............
P. O. Box 9883 Naples. FL 34101 239263-4656
www.lwvcolliercounty.on!
8A
November 20,2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PROPOSED AMENDMENTS TO THE
FISCAL YEAR 05-06 ADOPTED BUDGET
Dear Legals:
Please advertise the above referenced notice on Saturday, November 25, 2006 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann J ennej ohn,
Deputy Clerk
P.O.lAccount # 001-101520
Ann P. Jennejohn
8/4
From:
Sent:
To:
Subject:
Ann P. Jennejohn
Monday, November 20, 2006 1 :01 PM
legals@naplesnews.com
Display AD Proposed Budget Amend FY 05-06
Attachments:
Budget Amendments FY05-06.doc; Budget Amend Report FY06.doc
Hi,
Please advertise the attached on Saturday, November 25, 2006.
Please confirm.
Thank you,
Budget
ndments FY05-06.dl
Budget Amend
Report FY06.doc (...
Ann J ennejohn
Clerk to the Board
Minutes & Records Department
774-8406
(ann.jennejohn@ c1erk.co II i er. f I.us)
1
COUNTY OF COLLIER
NOTICE OF PUBLIC HEARING
COLLIER COUNTY, FLORIDA PROPOSES TO AMEND
ITS FISCAL YEAR 2005-06 ADOPTED BUDGET
BA
All interested parties are invited to attend a public hearing on this matter to be held on November
28, 2006, at 9:00 a.m. or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor,
Collier County Government Center, W. Harmon Turner Building, 3301 Tamiami Trail East,
Naples, Florida.
A copy of the proposed Budget Amendment Resolution and background material will be available
for public inspection on weekdays between 8:00 a.m. and 5:00 p.m. at the Office of Management
and Budget, 2nd Floor, W. Harmon Turner Building.
A final decision on the amendments will be made at this meeting.
Listed below are the amendments to be considered and their purpose.
Dwight E. Brock, Clerk of Courts
Board of County Commissioners
Collier County, Florida
Frank Halas, Chairman
Budget
Amend.
No.
Fund
No.
06-002
307
Fund Title
Change
Amount
Fund
Total
06-007
495
06-013
301
06-027
408
Library Construction
PURPOSE: To appropriate Library
Trust Fund transfer for auditorium
construction.
$768,000
$777,912
Collier County Airport Authority
PURPOSE: To appropriate carry
forward for the Airport Director's
bonus.
$5,000
$3,104,698
Capital Improvement Fund
PURPOSE: To appropriate grant and
matching funds to lease an absentee
ballot and mailing machine.
$454,461
$34,997,585
WaterlSewer Operating Fund
PURPOSE: To recognize FEMA
reimbursements for Utilities hurricane
expenses.
$1,750,000
$103,224,929
""1Ii
Budget bA
Amend. Fund Change Fund
No. No. Fund Title Amount Total
06-028 001 General Fund $11,250 $381,181,836
PURPOSE: To appropriate
reimbursements for on-site grant
training.
06-070 220 Caribbean Gardens Debt Service $89,400 $8,849,000
PURPOSE: To appropriate funds to
finance the debt service for Caribbean
Gardens.
06-071 302 Caribbean Gardens Capital $41,566,000 $41,566,000
PURPOSE: To appropriate loan
revenue to finance the acquisition of
Caribbean Gardens.
06-074 301 Capital Improvement Fund $74,098 $35,071,683
PURPOSE: To appropriate carry
forward to pay contractor invoices.
06-089 681 Court Administration $38,100 $2,667,100
PURPOSE: To appropriate transfer for
a Case Management Coordinator.
06-095 313 Road Construction - Gas Tax $275,768 $259,161,925
PURPOSE: To recognize both carry
forward and contributions for pathways.
06-130 414 Wastewater Capital Project $68,421 $44,939,215
PURPOSE: To recognize carry
forward to pay contractor invoices.
06-132 301 Capital Improvement Fund $200,000 $35,271,683
PURPOSE: To appropriate funds to
award contract for GIS services.
06-136 426 Transit Operations $500,000 $5,893,503
PURPOSE: To appropriate Fund (112)
transfer for CAT bus shelters.
06-13 7 111 MSTD General Fund $542,656 $44,151,784
PURPOSE: To appropriate transfer
from Landscaping Fund (112) for CAT
bus shelters.
Budget I BA
Amend. Fund Change Fund
No. No. Fund Title Amount Total
06-143 301 Capital Project Fund $200,000 $35,471,683
PURPOSE: To appropriate transfers
for capital project management
software.
06-147 412 Water Capital Project Fund $146,505 $61,055,619
PURPOSE: To recognize carry
forward to pay contractor invoices.
06-148 411 Water Impact Fee Project $106,284 $114,902,927
PURPOSE: To recognize carry
forward to pay contractor invoices.
06-150 312 Road Gas Tax $5,000 $2,880,175
PURPOSE: To recognize transfer
reallocate gas tax reserves to replace
desktop computers in the TECM
department.
06-154 339 Impact Fee District 6 $813,200 $3,691,455
PURPOSE: To appropriate funds for
an impact fee reimbursement payment.
06-162 001 General Fund $1,265,118 $382,446,954
PURPOSE: To recognize
reimbursements for hurricane debris
removal from canals.
06-177 427 Transportation Disadvantaged $26,805 $4,147,923
PURPOSE: To appropriate
reimbursements to pay transit system
lllVOlces.
06-186 516 Property and Casualty Insurance $12,492,780 $27,320,380
PURPOSE: To appropriate funds from
reserves, insurance recoveries and
FEMA to cover cost of property
insurance claims.
Budget ,q ~
cc,. t!
Amend. Fund Change Fund
No. No. Fund Title Amount Total
06-209 474 Solid Waste Capital $300 $12,375,950
PURPOSE: To appropriate funds to
construct the landfill scale house.
06- 211 001 General Fund $141,090 $382,588,044
PURPOSE: Appropriate auction
proceeds to pay the auctioneer's
commlSSlOn.
06- 224 518 Workers Compensation $435,000 $6,308,507
PURPOSE: To appropriate insurance
recoveries to cover the cost of claim
settlements.
06- 227 313 Road Construction Gas Tax $73,726 $259,235,651
PURPOSE: To appropriate
canyforward for pathway projects.
06-255 111 MSTD General Fund $70,500 $44,222,284
PURPOSE: To appropriate transfers to
properly assign fee revenue generated
by the aSH - Grants staff.
06-256 325 Capital Projects $1,211,000 $13,787,899
PURPOSE: To appropriate Naples and
SFWMD contributions for the
Haldeman Creek dredging project.
06- 261 325 Water Management $250,000 $14,037,899
PURPOSE: To appropriate General
Fund contribution for improvements to
Solana/Burning Tree Drive.
06-292 111 MSTD General Fund $176,667 $44,398,951
PURPOSE: To appropriate
landscaping (112) transfer for limerock
road conversion.
06-298 143 Vanderbilt MSTU $67,171 $2,102,171
PURPOSE: To appropriate
carryforward for MSTU capital
improvements.
Budget 8A
Amend. Fund Change Fund
No. No. Fund Title Amount Total
06-299 152 Lely MSTU $144,621 $389,838
PURPOSE: To appropriate
carryforward for MSTU capital
improvements.
06-338 521 Fleet Management $223,600 $6,987,000
PURPOSE: To appropriate
carryforward and parts revenue to
replace underground fuel tanks and
purchase inventory parts.
06-339 521 Fleet Management $225,000 $7,212,000
PURPOSE: To recognize Utilities
transfer to purchase a fuel truck.
06-340 490 EMS $469,756 $19,497,392
PURPOSE: To recognize General
Fund transfer to hire additional
paramedics.
06-346 306 Parks Capital $184,647 $8,624,526
PURPOSE: To appropriate Naples Zoo
lease revenue for the Gordon River
Greenway Park.
06-353 301 Facilities Management CIP $383,538 $35,855,221
PURPOSE: To appropriate General
Fund transfer for emergency generator
upgrades.
06-382 495 Collier County Airport Authority $50,000 $3,154,698
PURPOSE: To recognize transfer for
Immokalee Airport PUD/Master Plan
consulting.
06-411 118 Emergency Management Grant $3,973 $323,949
PURPOSE: To appropriate matching
funds transfer to purchase VHF radios
and foam.
Budget ! 8 it
Amend. Fund Change Funi;"
No. No. Fund Title Amount Total
06-417 118 Emergency Management Grant $3,996 $327,945
PURPOSE: To appropriate matching
funds transfer to purchase wild land
firefighting equipment and foam.
06-436 310 Community Development Capital $2,285,000 $5,046,149
PURPOSE: To recognize Community
Development fund transfer for building
renovations.
06-444 652 Legal Aid Society $88,000 $365,107
PURPOSE: To recognize filing fess
revenue dedicated for the Legal Aid
Society.
06-451 001 General Fund $357,269 $382,945,313
PURPOSE: To recognize
reimbursements to remove debris from
canals - Hurricane Wilma.
06-458 521 Fleet Management $145,000 $7,357,000
PURPOSE: To appropriate parts
revenue for vehicle repairs.
06-461 144 Isles of Capri Fire $2,699 $1,078,500
PURPOSE: To recognize transfer to
purchase hose testing equipment.
06-499 187 Bayshore Gateway Triangle CRA $31,203 $7,261,047
PURPOSE: To recognize private
funds received to pay paving contractor.
06-517 313 Roads CIP $122,066 $259,357,717
PURPOSE: To recognize carryforward
for road project.
06-524 408 Water/Sewer Operations $16,700 $103,241,629
PURPOSE: To appropriate
reimbursement from Solid Waste for
engineering services provided.
8A
Budget
Amend. Fund Change Fund
No. No. Fund Title Amount Total
06-541 473 Mandatory Trash Collection $399,500 $16,593,739
PURPOSE: To recognize additional
assessment revenue to pay trash
collection and disposal fees.
06-568 313 Transportation Gas Tax $369,500 $259,727,217
PURPOSE: To appropriate developer
contributions for roadway
improvements.
06-571 101 Transportation Services $68,528 $21,258,810
PURPOSE: Recognize insurance
reimbursements for damages to
streetlights.
06-580 414 Sewer Capital Projects $278,000 $45,217,215
PURPOSE: To recognize School
Board contribution for the Lely High
School Force Main relocation project.
06-615 381 Correctional Facilities Impact Fee $362,263 $8,652,996
PURPOSE: To recognize carry
forward to pay invoices (Naples Jail and
Parking Garage projects).
06-627 175 Juvenile Assessment Center $38,300 $100,000
PURPOSE: To recognize additional
fee revenue supporting the Juvenile
Assessment Center.
06-630 322 Pelican Bay Irrigation/Landscaping $302,800 $1,433,357
PURPOSE: To recognize additional
interest revenue and carryforward
supporting the Uninsured Assets Fund.
Display AD Proposed Budget Amend FY 05-06
Page 1 of 1
p.--'.' l.,~
i,; ); f'''~
Ann P. Jennejohn
From: Perrell, Pam [paperrell@naplesnews,com]
Sent: Monday, November 20, 2006 1 :53 PM
To: Ann p, Jennejohn
Subject: RE: Display AD Proposed Budget Amend FY 05-06
OK
From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collierJl.us]
Sent: Monday, November 20, 2006 1:01 PM
To: legals@naplesnews.com
Subject: Display AD Proposed Budget Amend FY 05-06
Hi,
Please advertise the attached on Saturday, November 25, 2006.
Please confi rm.
Thank you,
<<Budget Amendments FY05-06.doc>>
<<Budget Amend Report FY06.doc>>
Ann J ennejohn
Clerk to the Board
Minutes & Records Department
774-8406
(ann.jennejohn@c1erk.collier. f I.us)
11/2012006
16B
Saturday, November 25, 2006
iutty News
PUBLIC NOTICE
PUBLIC NOTICE
PUBLIC NOTICE
PUBLIC NOTICE
PUBLIC NOTICE
PUBLIC NOTICE
COUNTY OF COLLIER
NOTICE OF PUBLIC HEARING
COLLIER COUNTY, FLORIDA PROPOSES TO AMEND
ITS FISCAL YEAR 2005-06 ADOPTED BUDGET
All interested parties are invited to attend a public hearing on this matter to be held on November 28,2006, at 9:00 a.m. or soon thereafter, in the County Commissione
'Boardroom, 3rd Floor, Collier County Government Center, W. Harmon Turner Building, 3301 Tamiami Trail East, Naples, Florida.
A copy of the proposed Budget Amendment Resolution and background material will be available for public inspection on weekdays between 8:00 a.m. and 5:00 p.m. at 1
Office of Management and Budget, 2nd Floor, W. Harmon Turner Building.
A final decision on the amendments will be made at this meeting.
Listed below are the amendments to be considered and their purpose.
Dwight E. Brock, Clerk of Courts
Board of County Commissioners
Collier County, Florida
Frank Halas, Chairman
Budget
. Amend. }<'und
No. No.
06-002 307
,06-007 495
06-013 301
06-027 408
'06-028 001
?06-070 220
06-071 302
06-074 301
06-089 681
06-095 313
06-130 414
06-132 301
Budget
Change Fund Amend. Fund Change Fund
Fund Title Amount Total No. No. Fund Title Amount Total
Library Construction $768,000 $777,912 06-261 325 Water Management $250,000 $14,037,8'
PURPOSE: To appropriate PURPOSE: To appropriate General
Library Trust Fund transfer for Fund contribution for improvements
auditorium construction. to Solana/Burning Tree Drive.
Collier County Airport Authority $5,000 $3,104,698 06-292 111 MS TD General Fund $176,667 $44,398,9:
PURPOSE: To appropriate carryforward PURPOSE: To appropriate
for the Airport Director's bonus. landscaping (112) transfer for
limerock road conversion.
Capital Improvement Fund $454,461 $34,997,585
PURPOSE: To appropriate grant 06-298 143 Vanderbilt MSTU $67,171 $2,102,1'
and matching funds to lease an PURPOSE: To appropriate
absentee ballot and mailing machine. carryforward for MSTU capital
Water/Sewer Operating Fund $1,750,000 $103,224,929 improvements.
PURPOSE: To recognize FEMA 06-299 152 Lely MSTU $144,621 $389,8:
reimbursements for Utilities PURPOSE: To appropriate
hurricane expenses. carryforward for MSTU capital
General Fund $11,250 $381,181,836 improvements.
PURPOSE: To appropriate 06-338 521 Fleet Management $223,600 $6,987,0(
reimbursements for on-site grant PURPOSE: To appropriate
training. carryforward and parts revenue to
Caribbean Gardens Debt Service $89,400 $8,849,000 replace underground fuel tanks and
PURPOSE: To appropriate funds to purchase inventory parts.
finance the debt service for Caribbean 06-339 521 Fleet Management $225,000 $7,212,0(
Gardens. PURPOSE: To recognize Utilities
Caribbean Gardens Capital $41,566,000 $41,566,000 transfer to purchase a fuel truck.
PURPOSE: To appropriate loan 06-340 490 EMS $469,756 $19,497,34
revenue to finance the acquisition
of Caribbean Gardens. PURPOSE: To recognize General Fund
transfer to hire additional paramedics. .
Capital Improvement Fund $74,098 $35,071,683 06-346 306 Parks Capital $184,647 $8,624,5:
PURPOSE: To appropriate carryforward
to pay contractor invoices. PURPOSE: To appropriate Naples Zoo
lease revenue for the Gordon River
Court Administration $38,100 $2,667,100 Greenway Park.
PURPOSE: To appropriate transfer 06-353 301 Facilities Management CIP $383,538 $35,855,2:
for a Case Management Coordinator. PURPOSE: To appropriate General
Road Construction - Gas Tax $275,768 $259,161,925 Fund transfer for emergency generator
PURPOSE: To recognize both upgrades.
carryforward and contributions for 06-382 495 Collier County Airport Authority $50,000 $3, 154,6~
pathways.
PURPOSE: To recognize transfer
Wastewater Capital Project $68,421 $44,939,215 for Immokalee Airport PUD/Master
PURPOSE: To recognize carryforward Plan consulting.
to pay contractor invoices. Emergency Management Grant $3,973 $323,9"
06-4] 1 118
Capital Improvement Fund $200,000 $35,271,683 PURPOSE: To appropriate matching
PURPOSE: To appropriate funds to funds transfer to purchase YHF radios
award contract for GIS services. and foam.' , ,', :rrill..J_,jjM.
. <il,","'~:"!- Alil.-- --_I""lll1iM_~- cAMI~
, ,_, ..._."...,_.""._,.,,,,,_",,1..""".,,_"_"_~'" ~:_.,.~ "'" ,",...,....-......-
06-136 426 Transit Operations $500,000 $5,893,503 06-417 118 Emergency Management Grant $3,996 $327,9.
PURPOSE: To appropriate Fund PURPOSE: To appropriate matching
(112) transfer for CAT.us shelters. funds transfer to purchase wild land
111 MSTD General Fund $542,656 $44,151,784 firefighting equipment and foam.
06-13 7
PURPOSE: To appropriate transfer 06-436 310 Community Development Capital $2,285,000 $5,046,1
from Landscaping Fund' (112) for PUJU>>OSE: To recognize Community
CAT bus shelters. Development fund transfer for building
renovations.
06-143' 301 Capital Project Fund $200,000 $35,471,683
PURPOSE: To appropriate 06-444 652 Legal Aid Society $88,000 $365,11
, transfers for capital project PURPOSE: To recognize filing fess
management software. revenue dedicated for the Legal Aid
06-147 412 Water Capital Project Fund $146,505 $61,055,619 Society.
PURPOSE: To recognize carry 06-451 001 General Fund $357,269 $382,945,3
forward to pay contractor invoices. PURPOSE: To recognize
06-148 411 Water Impact Fee Project $106,284 $114,902,927 reimbursements to remove debtis
PURPOSE: To recognize carryforward from canals - Hurricane Wilma.
to pay contractor invoices. 06-458 521 Fleet Management S145,000 $7,357,0
06-150 312 Road Gas Tax $5,000 $2,880,175 PURPOSE: To appropriate parts
PURPOSE: To recognize transfer revenue for vehicle repairs.
reallocate gas tax reserves to replace 06-461 144 Isles of Capri Fire $2,699 $1.078,5
desktop co~puters in the TECM PURPOSE: To recognize transfer to
department. purchase hose testing equipment.
06-154 339 Impact Fee District 6 $813,200 $3,691,455 06-499 187 Bayshore Gateway Triangle CRA $31,203 $7,261,(
PURPOSE: To appropriate funds
for an impact fee reimbursement payment. PURPOSE: To recognize private funds
received to pay paving contractor.
06-162 001 General Fund $1,265,118 $382,446,954 06-517 313 Roads CIP $122,066 $259,357,i
PURPOSE: To recognize
reimbursements for hurricane PURPOSE: To recognize
debris removal from canals. carryforward for road project.
06-177 427 Transportation Disadvantaged $26,805 $4,147,923 06-524 408 Water/Sewer Operations $16,700 $103,241,(
PURPOSE: To appropriate PURPOSE: To appropriate
reimbursements to pay transit reimbursement from Solid Waste
system invoices. for engineering services provided.
06-186, 516 Property and Casualty Insurance $12,492,780 $27,320,380 06-541 473 Mandatory Trash Collection $399,500 $16,593,~
PURPOSE: To appropriate funds PURPOSE: To recognize additional
from reserves, insurance recoveries assessment revenue to pay trash
and FEMA to cover cost of property collection and disposal fees.
insurance claims.
06-568 313 Transportation Gas Tax $369,500 $259,727,:
06-209 474 Solid Waste Capital $300 $12,375,950 PURPOSE: To appropriate developer
. PURPOSE: To :Eftropriate funds to contributions for roadway improvements. ,
construct the Ian I scale house.
06-571 101 Transportation Services $68,528 $21,258,:
06-211 001 General Fund $141,090 $382,588,044 PURPOSE: Recognize insurance
PURPOSE: Appropriate auction reimbursements for damages to streetlights.
proce~ds.to pay the auctioneer's 414 Sewer Capital Projects $278,000 $45,217,
commlSSIOn. 06-580
PURPOSE: To recognize School Board t>-
'06-224 518 Workers Compensation $435,000 $6,308,507 contribution for the Lely High School
PURPOSE: To appropriate Force Main relocation project.
insurance recoveries to covet the
cost of claim settlements. 06-615 381 Correctional Facilities Impact Fee $362,263 $8,652,
06-227 313 Road Construction Gas Tax $73,726 $259,235,651 PURPOSE: To recognize carryforward
to pay invoices (Naples Jail and Parking
PURPOSE: To appropriate Garage projects).
carryforward for pathway projects. .
06-255 111 MSTD General Fund $70,500 $44,222,284 06-627 175 Juvenile Assessment Center $38,300 S100,
PURPOSE: To recognize additional
PURPOSE; To aPleropriate transfers fee revenue supporting the Juvenile
to properly assign ee revenue Assessment Center.
generated by the aSH - Grants staff.
06-256 325 Capital Projects $1,211,000 $13,787,899 06-630 322 Pelican Bay Irrigation/Landscaping $302,800 $1,433,
PURPOSE: To recognize additional
PURPOSE: To appropriate Naples interest revenue and carryforward
and SFWMD contributions for the supporting the Uninsured Assets Fund.
Haldeman Creek dredging project.
No. 99423468 November 2
r- .
"._-~ .~.._._~_.,..
.-.- -T-TrJ
8S,"
900~ 'S~ Jaqwa^ON '^epJn~es
\ima,N: nnnm
Item #8A
BUDGET AMENDMENT
RESOLUTION 2006-02
HAS NOT BEEN
RECEIVED IN THE
MINUTES AND
RECORDS
DEPARTMENT
AS OF
APRIL 30, 2008
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)
88
To: Clerk to the Board: Please place the following as a:
t8J Nonnallegal Advertisement
(Display Adv., location, etc.)
o Other:
**********************************************************************************************************
Originating Dept/ Div: Transportation Division Person: Darryl Richard, Project Manager, A TM Department Date: 11/07/06
Petition No. (If none, give brief description): Ordinance Creating the Rock Road Improvement Municipal Services Taxing Unit
Petitioner: (Name & Address): Collier County Transportation Division
Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet)
Hearing before X BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing): November 28,2006
Newspaper(s) to be used: (Complete only if important):
t8J Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common location & Size: See attached proposed ordinance.
Companion petition(s), if any & proposed hearing date: N/A
Does Petifon Fee include advertising cost? t8J Yes 0 No If Yes, what account should be charged for advertising costs:
tl
il/fi/06
f' ,
Date
<-1<1' II/?lb 6
~ ,~. A-~"'7
DISTRIBUTION INSTRUCTIONS
i \ 1- J \0'';) tt. l~ (7
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE O~"..n n I .. ~ L' {
Date Received: ~ Date of Public hearing: it a..~ 06 Date Advertised: I ( /1- f:7o
I 8 B
ORDINANCE NO. 2006-
AN ORDINANCE CREATING THE ROCK ROAD IMPROVEMENT MUNICIPAL
SERVICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE
CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING
FUNDING AND THE LEVY OF NOT TO EXCEED THREE (3) MILS OF AD
VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES;
PROVIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE COLLIER COUNTY CODE OF LA WS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, that portion of Rock Road between Immokalee Road and Shady Lane,
hereinafter referred to as "Rock Road," is currently a private roadway and not maintained by the
County; and
WHEREAS, the County has received inquiries from the property owners adjacent to
Rock Road relating to the improvement and maintenance of this portion of Rock Road and
connecting side roads; and
WHEREAS, the responsibility for the maintenance of Rock Road lies with no one entity
or individual, but rather falls to the individual property owners; and
WHEREAS, the Board of County Commissioners has determined that the best method
for funding the installation and maintenance of improvements within the area known as Rock
Road is by the creation of the Rock Road Improvement Municipal Service Taxing Unit for
purposes of levying taxes and funding necessary road improvements and maintenance in that
area.
NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE.
Authority
This Ordinance is adopted pursuant to the provisions of Section 125.01 and Chapter 200,
Florida Statutes, and other applicable provisions of Law.
SECTION TWO.
Creation of the Municipal Service Taxing Unit
There is hereby created and established the Rock Road Improvement Municipal Service
Taxing Unit hereinafter referred to as the "MSTU." The properties within the Municipal Service
Taxing Unit and its boundaries are as described on the attached composite Exhibit A" that is
incorporated by reference.
Page I of 4
88
SECTION THREE. Purpose and Governing Body
The MSTU is created for the purpose of providing and maintaining roadway
improvements, which may include attendant facilities, such as drainage, sidewalks and street
lighting. The governing body of the MSTU shall be the Board of County Commissioners of
Collier County, Florida.
SECTION FOUR Funding and Levy of Taxes
For the purpose of implementing this Ordinance, the Board of County Commissioners
shall annually, at the time required by general budgetary law, make an itemized estimate of the
amount of money required to carry out the business of the MSTU for the next fiscal year, which
shall be from October 1 to and including September 30 following. The estimate shall describe the
purpose for which the moneys are required and the amount necessary to be raised by taxation
within the MSTU. At the time and place for fixing the annual rate of taxation for County
purposes, the Board of County Commissioners shall fix and cause to be levied on all properties
within the MSTU, subject to taxation, a millage rate not to exceed three (3) mils per year.
SECTION FIVE.
Tax Assessment and Collection
Taxes herein provided for shall be assessed and collected in the same manner and form
as provided for the assessment and collection of general County taxes and subject to the same
fees for assessing and collecting as general County taxes.
SECTION SIX. Duties of the County Manager or His Designee
The duties of the County Manager or his designee shall be:
A. To aid and assist the Board of County Commissioners in carrying out the purposes of the
MSTU in accordance with established practices and policies of the Board of County
Commissioners and as set forth in this Ordinance.
B. To prepare and recommend to the Board of County Commissioners an itemized annual
budget of the amount of money required to carry out the business of the MSTU for the next
fiscal year.
C. To provide periodic written reports to the Board of County Commissioners of the activities
of the MSTU and its finances in accordance with established guidelines of the Board of
County Commissioners.
SECTION SEVEN. Conflict and Severability
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
Page 2 of 4
B
applicable law, the more restrictive shall apply, If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION EIGHT.
Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION NINE.
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 November, 2006.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency
~*f)h.L-
Scott R. Teach,
Assistant County Attorney
Page 3 of4
8B
GEOGRAPHIC BOUNDARIES:
The boundaries of the ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING
UNIT shall comprise all that land located in Collier County, Florida, and specifically described
as:
The Northeast 1/4 of Section 32;
The Northeast 1/4 of the Northwest 1/4 of Section 32;
The North 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 32;
The Southeast 1/4 of the Southeast 1/4 of Northwest 1/4 of Section 32;
The Southeast 1/4 of Section 29;
The Southwest 1/4 of the Northeast 1/4 of Section 29;
The Southeast 1/4 of the Northeast 1/4 of Section 29;
The South 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 29;
The East 1/2 ofthe Southeast 1/4 of the Southwest 1/4 of Section 29;
The West 1/2 of the Southeast 1/4 ofthe Northwest 1/4 of the Northeast 1/4 of Section 29;
The West 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29;
The East 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29;
East 100 feet of West 660 feet of the North 1/2 of the Northwest 1/4 ofthe Northeast 1/4 of
Section 29;
East 160 feet of the Northeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29;
The East 1/2 of the Southeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29;
all in Township 48 South, Range 27 East.
Exhibit "A"
Page 4 of 4
88
PARCELlD NAME1 NAME2
214120006 ALLEMONG, DOUGLAS L=& CAROL 27501 RICHVIEW CT
222240004 LIGHTCAP JR, EARL E BARBARA C LIGHTCAP
213600006 BILL, ELIZABETH 9885 HUNT CLUB WAY
212160000 NAFTAL, THEODORE N 275 MORGAN RD
212120008 COOMBS, ROSS A=& MARY E 2430 CATAWBA ST
213560007 NAFTAL, THEODORE N 275 MORGAN RD
213000004 BILL, ERNEST 55 LORING RD
214366307 PAGE, DONNA E 3446 NW 79TH WAY
213200008 RICHARDSON, JUDITH 2170 ROCK RD
213120007 NAFTAL, THEODORE N 275 MORGAN RD
213840002 KUPERUS, JERRY=& SYLVIA 295 HENLEY DR
211840004 GONZALEZ, SAL V ADOR=& CAN DI D 761 91 ST AVE N
213080008 FLOEGEL, BRUNO 160 22ND AVE NW
211600008 GARCIA, REINALDO=& L1NDIA T 2120 ROCK RD
212760002 GARCIA, REINALDO=& LIDIA T 2120 ROCK RD
214366501 NAFTAL, THEODORE N 275 MORGAN RD
212880005 DEROSE, M THERESA GABE DEROSE
213880004 ROOKERY BAY TREE FARMS INC 216 PRICE ST
211840004 GONZALEZ, SALVADOR=& CANDID 761 91ST AVE N
212800001 ROOKERY BAY TREE FARMS INC 216 PRICE ST
213360003 HOFSTETTER, JEAN A 11818 LONGSHORE WAY W
212280003 MC ELRATH JR, RICHARD 4260 SW 53RD AVE
211680002 WING, DANIEL J=& NANCY L 921 MINGO DR
211920005 KANE, BELKIS 1761 ROCK RD
220200004 LEWIS, RICHARD M RENEE'S D'ARCY
211960007 NEVINS, BISHOP JOHN J DIOCESE OF VENICE
212360004 DATTILO, BRUCE=& JANET L 926 CYPRESS DR
214362000 FUHRMAN, STEVEN M 15275 COLLIER BLVD # 116
213760001 FASH PROPERTIES LLC ATTN: BRANT MACKEY
214361001 DAVIS, JACK L ANGELA ALTAMIRANO
214080007 MYERS, SR ALAN JULIA D STEWART
214366608 MYERS, DR ALAN JULIA D STEWART
219640002 HALL, JOHN H JOAN MCCLENITHAN
213040006 FLOEGEL, BRUNO 2170 ROCK RD
214366103 FLOEGEL, BRUNO 160 22ND AVE NW
214360002 GERKEN, JAMES D=& KATHLEEN E 1240 MINGO DR
214200007 SWEARINGEN, JAMES D IRMA DEARMAS SWEARINGEN
219520009 PICKWORTH, PATRICIA L 725 HIGH PINES DR
219480000 GALLIGAN, BRIAN 955 KERIISLAND RD
219680004 MENDES, LUCIO 12481 DEWEY RD
220080004 ENGEL JR, THOMAS PAUL 1610 ROCK RD
220560003 COLLIER CNTY 3301 TAMIAMI TRL E
219880008 CARLSSON, GEORGE=& KATHLEEr 1225 KERIISLAND RD
220000000 LOMBARDO, THOMAS M 4049 HOOCH RIVER TRL
221040001 BROOKS, WILLlAM=& SHIRLEY 1375 KERIISLAND RD
219600000 MONROY, IGNACIO MARIA B HERNANDEZ
219560001 VILLAMOR JR, DIONISIO G MACONSUELO G VILLAMOR
221800005 MINIER, ROBERT D=& DOROTHY J 1010 KERIISLAND RD
222280006 ROGERS, ANGELA W=& THOMAS V 1140 KERIISLAND RD
221400007 CHRISTOFF, RITA JACQUELINE LEMMON
220960001 MALONE, REGINALD H ALBERTO SANCHEZ
NAME5
CITY _ST ST USZIP ZIP_CODE USZI LOT_UNIT
BONITA SPRINGS FL 34135 341354754 4754 .000
NAPLES FL 34120 341203844 3844 .000
ALPHARETTA GP 30022 300227197 7197 .000
NAPLES FL 34114 341142563 2563 .000
NAPLES FL 34120 341203894 3894 .000
NAPLES FL 34114 341142563 2563 .000
EAST BRIDGEWAT MP 02333 023332520 2520 .000
HOLLYWOOD FL 33024 330242269 2269 .001
NAPLES FL 34120 341203808 3808 .001
NAPLES FL 34114 341142563 2563 .000
NAPLES FL 34104 341046530 6530 .000
NAPLES FL 34108 341082424 2424 .000
NAPLES FL 34120 341203306 3306 .000
NAPLES FL 34120 341203808 3808 .000
NAPLES FL 34120 341203808 3808 .000
NAPLES FL 34114 341142563 2563 .000
PORT CLINTON 01- 43452 434522834 2834 .000
NAPLES FL 34113 341138437 8437 .000
NAPLES FL 34108 341082424 2424 .000
NAPLES FL 34113 341138437 8437 .000
NAPLES FL 34119 341198860 8860 .000
DAVIE FL 33314 333143821 3821 .000
NAPLES FL 34120 341203833 3833 .000
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NAPLES FL 34120 341203830 3830 .001
VEN ICE FL 34284 342842006 2006 .000
NAPLES FL 34120 341203858 3858 .000
NAPLES FL 34119 341196750 6750 .000
DELRA Y BEACH FL 33446 334464108 4108 .000
NAPLES FL 34120 341203807 3807 .000
TARPON SPRINGS FL 34688 346889120 9120 .000
PALM HARBOR FL 34685 346853473 3473 .000
DAVENPORT FL 33836 338362345 2345 .000
NAPLES FL 34120 341203808 3808 .000
NAPLES FL 34120 341203306 3306 .000
NAPLES FL 34120 341203828 3828 .000
NAPLES FL 34120 341203828 3828 .000
NAPLES FL 34103 341032800 2800 .000
NAPLES FL 34120 341203853 3853 .000
BONITA SPRINGS FL 34135 341356302 6302 .000
NAPLES FL 34120 341203876 3876 .000
NAPLES FL 34112 341123969 3969 .000
NAPLES FL 34120 341203857 3857 .000
SUWANEE GP 30024 300243842 3842 .000
NAPLES FL 34120 341202502 2502 .000
NAPLES FL 34120 341203852 3852 .000
NAPLES FL 34120 341203893 3893 .000
NAPLES FL 34120 341203869 3869 .000
NAPLES FL 34120 341203854 3854 .000
NAPLES FL 34120 341203800 3800 .000
NAPLES FL 34120 341203888 3888 .000
, 8 [ ......~
~ "
L;t
88
219960009 SCHULZE, JAMES C 665 93RD AVE N
220760007 MANNING, BRIAN=& LEISA DAVID BERKE
220880000 MONTGOMERY TR, LORIN S LORIN S MONTGOMERY REV TRUE
220040002 CORTELL, SANDRA J JERRY D HICKS SR EST
220320007 MEREDITH, ROBBIE A 11706 OLIO RD
220440000 JACKMAN TR, CAROL ANN FRANCIS JACKMAN REV/TRUST EE
219800004 WUERFEL JR, JOHN 5175 12TH AVE SW
221840007 WOOD TR, BRUCE G BRUCE G WOOD REVOCABLE TRU
222040000 DELONG, MICHAEL=& DANA 509 102ND AVE N
221160004 VACCARO TR, HELEN B HELEN B VACCARO TRUST
221120002 VACCARO, MARY LOU 2713 S UNION AVE
212840003 DAVENPORT, GREGORY=& TARA F 613 CORBEL DR
211440006 DAVENPORT, GREGORY=& TARA F613 CORBEL DR
213480006 BATTY, M ROY=& MARYSIA 1020 MINGO DR
211120009 OLSON, GUNNAR L=& MARILYN E 1720 ROCK RD
211160001 OLSON SR, GUNNAR L=& MARILYN 1760 ROCK RD
212480007 NAFTAL, THEODORE N 275 MORGAN RD
213920003 FASH PROPERTIES LLC ATTN: BRANT MACKEY
214366006 FORSTE, HARRY W=& NOVELLA 1960 ROCK RD
211640000 FORSTE, HARRY W=& NOVELLA 1960 ROCK RD
214365007 FORSTE, HARRY W=& NOVELLA 1960 ROCK RD
213800000 MAC DONALD TR, MARION MARION MACDONALD TRUST
211000006 COMBS, ROSS=& MARY 2430 CATAWBA ST
212240001 COOMBS, ROSS A=& MARY 2430 CATAWBA ST
213720009 RODRIGUEZ, ROBERTO 63 MADISON DR
213280002 ROOKERY BAY TREE FARMS INC 216 PRICE ST
213320001 ROOKERY BAY TREE FARMS INC 216 PRICE ST
211400004 BURNETT, BARBARA NICHOLAS ISALES
212520006 DUNN TR, GERTRUDE V GERTRUDE V DUNN REV TRUST
212440005 DAVENPORT, GREGORY=& TARA F613 CORBEL DR
213400002 VELASQUEZ, ERNESTO 8524 LAUREL LAKES BLVD
214366200 MUELLER, STEVEN M=& JAMIE L 2233 45TH ST SW
210960008 ROBERTSON, JOYCE H 960 DEER RUN LN
211480008 KANE, BELKIS P 1761 ROCK RD
214366404 ZAVALA, SANTIAGO=& DORA 1160 DEER RUN LN
213440004 CLESEN SR, KENNETH E=& KAREN 1260 DEER RUN LN
211520007 KANE, BELKIS P 1761 ROCK RD
211280004 BATTY, MICHAEL R=& MARYSIA 1020 MINGO DR
214320000 CLESEN, KENNETH E=& KAREN A 1260 DEER RUN LN
211760003 OTTEN, CHRIS 1721 ROCK RD
214280001 MORGAN, BRUCE=& CATHY L 1220 MINGO DR
214240009 WILSON, ERIC=& KATHLEEN 1280 MINGO DR
222280200 ANDERSON, MOLLY 1297 KERIISLAND RD
220840008 GODWIN, KENDYL S=& KERI W 1451 KERIISLAND RD
220160005 PEVER, NANCY 1611 ROCK RD
220480002 WOOD TR, BRUCE G BRUCE G WOOD REVOCABLE TRU
221000009 MCSWEENEY, LOIS 372 BAY MEADOWS DR
220280008 SHINE, ANTOINETTE MARIE PATRICK W SHINE
221240005 LOWELL, RANDALL D 1480 KERIISLAND RD
221480001 WOOD TR, BRUCE G MARIA A WOOD
222120001 KEY JR TR, WILLIAM DAVID SFL LAND TRUST
220120003 LIGHTCAP, EARL E BARBARA C LIGHTCAP
.. f4. -"'.'
" .. "~
\:-. ~
NAPLES FL 34108 341082438 2438 .000
FORT LAUDERDAL FL 33312 333124607 4607 .000
SW RANCHES FL 33331 333311724 1724 .000
NAPLES FL 34120 341202557 2557 .000
FISHERS IN 46037 460379805 9805 .002
WEST PALM BEAC FL 33411 334115552 5552 .000
5800 HOUCHIN ST
NAPLES
NAPLES
NAPLES
HIALEAH
CHICAGO
NAPLES
NAPLES
NAPLES
NAPLES
NAPLES
NAPLES
DELRA Y BEACH
NAPLES
NAPLES
NAPLES
NAPLES
NAPLES
NAPLES
NAPLES
NAPLES
NAPLES
JAXVILLE BCH
INVERNESS
NAPLES
NAPLES
NAPLES
NAPLES
NAPLES
NAPLES
NAPLES
NAPLES
NAPLES
NAPLES
NAPLES
NAPLES
NAPLES
NAPLES
NAPLES
NAPLES
NAPLES
NAPLES
WILMINGTON
NAPLES
NAPLES
FORT MYERS
NAPLES
FL 34116 341165007 5007 .000
FL 34109 341091941 1941 .000
FL 34108 341083210 3210 .000
FL 33015 330155924 5924 .000
IL 60616 606162536 2536 .000
FL 34110341101106 1106 .000
FL 34110341101106 1106 .000
FL 34120 341203832 3832 .000
FL 34120 341203878 3878 .000
FL 34120 341203801 3801 .000
FL 34114 341142563 2563 .000
FL 33446 334464108 4108 .000
FL 34120 341203805 3805 .000
FL 34120 341203805 3805 .000
FL 34120 341203805 3805 .000
FL 34120 341203872 3872 .000
FL 34120 341203894 3894 .000
FL 34120 341203894 3894 .000
FL 34110341101322 1322 .000
FL 34113 341138437 8437 .000
FL 34113 341138437 8437 .000
FL 32250 322502570 2570 .000
FL 34450 344505440 5440 .000
FL 34110 341101106 1106 .000
FL 34119 341199796 9796 .001
FL 34116 341166327 6327 .000
FL 34120 3412038153815 .000
FL 34120 341203802 3802 .000
FL 34120 341203820 3820 .000
FL 34120 341203818 3818 .000
FL 34120 341203802 3802 .000
FL 34120 341203832 3832 .000
FL 34120 341203818 3818 .000
FL 34120 341203879 3879 .000
FL 34120 341203828 3828 .000
FL 34120 341203828 3828 000
FL 34120 341203882 3882 .000
FL 34120 341202527 2527 .000
FL 34120 341203877 3877 .000
FL 34109 341091941 1941 .000
FL 34113 341138300 8300 .000
DE 19805 198054235 4235 .001
FL 34120 341202500 2500 .000
FL 34109 341091941 1941 .000
FL 33966 339665744 5744 .000
FL 34120 341203844 3844 .000
88
221920008 STEWART TR, IRENE IRENE S STEWART TRUST
220800006 ROSS, VIRGIL A=& URSULA B 1255 SHADY LN
222080002 BUFFING, DARLENE J CAROL L WOOD
220920009 IMRICH, ISTVAN T=& JULlANNA 4470 20TH ST NE
221880009 LIGHTCAP JR, EARL E=& BARBARA 1471 ROCK RD
221640003 HARDING, MATTHEW 1450 ROCK RD
222280404 ROSS, VIRGIL A=& URSULA B 1255 SHADY LN
221600001 YOUNG, GARY L 1410 ROCK RD
219920007 BERGER, RONALD PO BOX 10502
220400008 ISON, SHIRLEY A 1330 ROCK RD
220600002 TRUJILLO,FRANCISCO J=& AMPAR 231 NW 76TH AVE APT 203
221760006 SCHAFER, RUSSELL INEZ MARIE SANFORD
220520001 ROSS, VIRGIL=& URSULA 1255 SHADY LN
221440009 LIGHTCAP JR, EARL E BARBARA C LIGHTCAP
222000008 GALLEGOS, JOSE ABEL 1485 ROCK RD
221720004 LIGHTCAP JR, EARL E BARBARA C LIGHTCAP
222160003 LIGHTCAP JR, EARL E BARBARA C LIGHTCAP
221560002 LIGHTCAP JR, EARL E BARBARA C LIGHTCAP
221960000 MARTINEZ, RENE DANIELLE RENE MARTINEZ
221680005 YOUNG, GARY L 1410 ROCK RD
221520000 MERRIAM, JOSEPH M=& JEANNIE l1021 27TH ST SW
211240002 SWIGERT, JAMES L=& ESTHER E 11680 IMMOKALEE RD
211880006 FONTANA, THOMAS J 3975 5TH AVE NW
213520005 SMITH, THEODORE R 1029 AIRPORT PULLING RD N
213680000 COWAN TR, IAN=& E GEORGIA COWAN FAMILY TRUST
211560009 BAIRD, GLENDA A=& DOUGLAS E 2360 ROCK RD
212000005 NEVINS, BISHOP JOHN J DIOCESE OF VENICE
211800002 COURTER, DORIAN H 921 NO NAME LN
212040007 COWAN TR, E GEORGIA THE COWAN FAMILY TRUST
212680001 BILL, NANCY B 10855 NW 1ST ST APT 108
8B
ALBUQUERQUE NI\i 87111 871114327 4327 .000
NAPLES FL 34120 341203864 3864 .000
NAPLES FL 34120 341203850 3850 .000
NAPLES FL 34120 3412004790479 .000
NAPLES FL 34120 341203845 3845 .000
NAPLES FL 34120 341203844 3844 .000
NAPLES FL 34120 341203864 3864 .000
NAPLES FL 34120 341203844 3844 .000
NAPLES FL 34101 341010502 0502 .000
NAPLES FL 34120 341203875 3875 .000
MARGA TE FL 33063 330634880 4880 .000
NAPLES FL 34120 341203863 3863 .000
NAPLES FL 34120 341203864 3864 .000
NAPLES FL 34120 341203844 3844 .000
NAPLES FL 34120 341203804 3804 .000
NAPLES FL 34120 341203845 3845 .000
NAPLES FL 34120 341203844 3844 .000
NAPLES FL 34120 341203844 3844 .000
NAPLES FL 34117 341173238 3238 .000
NAPLES FL 34120 341203844 3844 .000
NAPLES FL 34117 341174231 4231 .000
NAPLES FL 34120 341203867 3867 .000
NAPLES FL 34119341191501 1501 .000
NAPLES FL 34104 341046132 6132 .000
NAPLES FL 34120 341203811 3811 .000
NAPLES FL 34120 341203811 3811 .000
VENICE FL 34284 342842006 2006 .000
NAPLES FL 34120 341203890 3890 .000
NAPLES FL 34120 341203811 3811 .000
PEMBROKE PINES FL 33026 330264091 4091 .000
, 8 B
November 8, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Ordinance Creating the Rock Road Improvement MSTU
Dear Legals:
Please advertise the above referenced notice on Friday, November 17,2006, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
P.O. Account: 111-163647
NOTICE OF INTENT TO CONSIDER ORDINANCE
/~ 8
I I"
-
Notice is hereby given that on Tuesday, November 28 2006, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE CREATING THE ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE
TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION;
PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE
LEVY OF NOT TO EXCEED THREE (3) MILS OF AD VALOREM TAXES PER YEAR;
PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR DUTIES OF THE
COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public
hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: IS/Teresa Dillard, Deputy Clerk
( SEAL)
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF TIlE CIRCUIT COURT
COLLIER COUNTY COURffiOUSE
3301 T AMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
88
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 13,2006
Re: Ordinance Creating the Rock Road Improvements MSTU
Dear Petitioner/Landowner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, November 28, 2006, as indicated
on the enclosed notice. The legal notice pertaining to this petition will be
published in the Naples Daily News on Friday, November 17, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~'- ~c<-<A 1-c
Teresa Dillard,
Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.c1erk.collier.ft.us
Fax-(239)775-2755
Email-collierclerk@c1erk.collier.ft.us
.....-..
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Teresa L. Dillard
To:
Subject:
legals@naplesnews.com
Ordinance Creating The Rock Road Improvement MSTU
Attachments:
ORD. Rock Road Improvement MSTU.doc; ORD.Creating the Rock Road Impprovement
MSTU .DOC
Legals,
Please advertise the following on Friday November 17, 2006. Any questions, please contact me.
Than k you
ORD. Rock Road ORD.Creating the
[mprovement MST.., Rock Road Imp...
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Di Ilard@clerk.collier.fl.us)
1
8B
Teresa L. Dillard
From:
Sent:
To:
Subject:
ClerkPostmaster
Monday, November 13, 2006 4:57 PM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
ATT3930916.txt; Ordinance Creating The Rock Road Improvement MSTU
1=:..'..'"
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f:......-...-...;...1
L:iJ
ATT3930916.txt Ordinance Creating
(231 B) The Rock Ro...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Ordinance Creating The Rock Road Improvement MSTU
Page I of 1
88
Teresa L. Dillard
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Tuesday, November 14, 2006 9:27 AM
To: Teresa L. Dillard
Subject: RE: Ordinance Creating The Rock Road Improvement MSTU
OK
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.fl.us]
Sent: Monday, November 13, 20064:57 PM
To: legals@naplesnews.com
Subject: Ordinance Creating The Rock Road Improvement MSTU
Legals,
Please advertise the following on Friday November 17, 2006. Any questions, please contact me.
Thank you
<<ORD. Rock Road Improvement MSTU.doc>> <<ORD.Creating the Rock Road Impprovement MSTU.DOC>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Di llard@clerk.collier.fl.us)
11/1412006
Naples Daily News: Classifieds Results
Ordinances and Petitions - NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on
Tuesday, No vernber 28 2006, in the Boardroom, 3rd Floor, Administration Building, Collier' County Govern
ment Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the
enact lT1ent of a County Ordi nance. The meeting will commence at 9:00 A.M. The title of the pro posed
Ordinance is as follows: AN ORDINANCE CREAT ING THE ROCK ROAD 1M PROVEMENT MUNICIPAL SERVICE
TAXING UNIT; PROVIDING THE AU THORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE
AND GOVERNING BODY; PROVIDINC; FUNDING AND THE LEVY OF NOT TO EXCEED THREE (3) MILS OF AD
VALOREM TAXES PER YEAR; PRO VIDING FOR THE COL LECTION OF TAXES; PROVIDING FOR DUTIES OF
THE COUNTY MAN AC;ER OR HIS DESIGNEE; PROVIDING FOR CON FLICT AND SEVERABILI TY; PROVIDING
FOR IN CLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EF
FECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are availabie
for inspection. All inter ested parties are invited to attend and be heard. NOTE: All persons wish ing to
speak on any agenda item must regis ter with the County ad ministrator priol- to pre sentation of the
aqenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selec tion of
an individual to speak on behalf of an organization or group is encouraqed. If recog nized by the Chairrnan,
a spokesperson for a qroup or organization may be allotted 10 rnin utes to speak on an item. Persons
wishing to have written or qraphic materia is included in the Board agenda pack ets must submit said
material a rninilT1urY' of 3 weeks prior to Ule re spective public hearing, In any case, wl-itten ma terials
intended to be considered by the Board shall be submitted to the appropl'iate County staff a minimum of
seven days prior to the public hearing. All rna terialused in presenta tions before the Board wili become a
perrna nent part of the record. Any person who decid es to appeal a decision of the Board will need a record
of the proceed ings pertaining trwreto and therefore, may need to ensure that a verba tim record of the pro
ceedings is made, which record includes the tes timony and evidence upon which the appecll is based.
BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIR f'.1AN DWIGHT E.
BROCK, CLERK By: Is/Teresa Dillard, Deputy Clerk (SEAL) Nov. 1'7 No. 14'75l48
Start Date: lllll/2006 Stop Date: 11/17/2006
la~: 1 of I
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http://marketplace.naplesnews.com/mach2/nap/searchlSearchAds.action?CatId=notices&. .. 11/17/2006
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NOllC! of INTENT TO
CONSIDER ORDINANCE
Notice Is hereby given
that on Tuesday. No-
vember 28 2006. In the
Boardroom 3rd Floor.
Administration Building,
Collier County Govern-
ment Center. 3301 East
Tamlaml trail. Naples}
Florida. the Board OT
county Commissioners
will considl!'r the, enactdl.
ment of a County Or -
nance. The meetIng will
commence at 9:00 A.M.
The title of the pro-
posed Ordinance Is as
follows:
AN ORDINANCE CREAT.
, ING THE ROCK ROAD 1M.
PROVEMENT MUNICIPAL
SERVICE TAXING UNIT;
PROVIDING THE AU-
THO,RITYl PROVIDING
FOR THt. CREATION]
PROVIPING A PURPOSt.
AND GOVERNING BODY;
PROVIDING FUNDING I
AND THE LEVY OF NOT
TO EXCEED THREE (3)
MILS OF AD VALOREM
TAXES PllRYEAR: PRO.
VIDING paR THE COL.
LECTION Of TAXES;
PROVIDING, FOR DUTIES
OF THE COUNTY MAN.
AGER OR HIS DESIGNEE;
PROVIDING FOR CON-
FLICT AND SEVERABILI.
TY' PROVIDING FOR IN-
CLUSION'IN T1'IE, COLLIER
COUNTY CODE OF LAWS
AND ORDINANCES; AND
PRO:\/IPING FOR AN EF-
Fl!CTIVE DATE.
copies of the proposed
Ordinance are on file
with the Clerk tc! the
Board and are available
for Inspection. AI! Inter'
ested parties are IOvlted
to attend and be heard.
NOTE: All persons wish-
Ing to speak on any
2 agenda' Item must regis,
, ter' with the county ad-
ministrator prior to pre.
I . sentatlon of the agenda .
\ Item to be addressed.
Individual speakers will
be limited to 5 mlnutl'% .
on any item. The selec-
tion of 1.1'I Individual to
speak on behalf of a,n
organization or group IS
encouraged. If recog-
nized by the Chairman.
, a spokesperson for a
,group, or, organization
may be allotted 10 min.
utes to, speak on an
Item.
Persons wishing to
have written or graphic
materials incluCled Ikn
the Board agenda pacld-
ets must submIt sa
material a minimum of 3
weeks prior ~o the re-
spective pubhc hearing.
In any case. written ma.
terlals intended to _~
considered by the Bo... u
sM,lI be submitted to
the appropriate eounty
staff a minimum of sev-
en days prior to the
ubllc hearing. All ma-
rerlal used in presentad-
tions before the Boar
will become a perma.
nent part of the record.
Any person who decid-
es to appeal a decision
of the Board will need a
record of the proceed-
Ings per, tall'llng' theret~
and therefore, may nee
to ensure Jhat a verba-
tim recor of the pro-
cel1dlngs is made. which
record Includes the tes-
timony and e\lldenc,
upon which the appea
Is based.
BOARD OF COUNTY
COMMISSIONERS N T Y
COLLIER COU .
FLORIDA
FRANK HALAS. CHAIR-
~~IGHT E. BROCK,
CLERK
By: Is/Teresa Dillard.
Deputy Clerk
~;:'~7 No. 1475748
NAPLES DAILY NEWS
Published Daily
Naplcs. FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority. personally
appeared Phil Lewis. who on oath says that they
scrve as the Editor of the Naples Daily. a daily ncwspaper
published at Naples. in Collier County. Florida: distributed
in Collicr and Lee counties of Florida: that the attachcd copy
of the advertising. being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspapcr I time in the issue
on, November. 17th
2006
Affiant further says that the said Naples Daily News is a newspaper
published at Naples. in said Collier County. Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County. Florida: distributed in Collier and [,ee counties of Florida,
"ach day and has been entered as second class mail matter at the post
ollice in :\aples, in said Collier County_ Florida. f,)r a period of I
year next preceding the tirst puhlication of the attached copy of
advertisement: and affiant further says that he has neither paid nor
promised an\' person, firm or corporation any discount, rehate,
commission or refund for the purpose of securing this advertisement !,)r
~e sai newspape:,
( Signature of affiant)
Sworn to and subscribed before me
This 17th
Day of No 'ember, 2006 ...._./
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C/.;: . LCX....,.-<::::?
Virgil and Ursula Ross
1255 Shady Lane
Naples, FL 34120
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November 25, 2006
Collier County Tax Collector
Guy L. Carlton C.F.C.
Courthouse-Bldg C 1
3301 E. Tamiami Trail
Naples, Fl341124997
Dear Sir or Madam:
A letter of Complaint.
I-/-env ~'6
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I am writing this letter of Complaint because of the amount of tax you have taxed us. It is unfair!
You are making us sell! You should not be aloud to do this to people.
Please rethink how you tax us as we sure did
not pay what you say our land is worth. We really don't want to go.
My husbands S.S is $14,000.00 Mine is $12000.00. We can not pay $8000.00 in taxes. This
tax is very unfair!
We would like to take you to court with a
jury about this. This is not a appropriate way to handle
taxes and ma~ people move! Their must be a Tax cap!
Please contact me at the above address if you have any questions or need additional infonnation.
I can be contacted by phone at (239)348-7019.
Sincerely, ~ dl. ~
Virgil and E l;?s !;2;~J--"/
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SJ.I~B
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO Q
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be fOlWarded to the Board Office only ABu the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
exceotion of the Cbainnan's sismature, draw a line throu2h routin2lines #1 throullh #4, cOl1lJ)lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(Ust in routin2 order)
1. ...
-
2. -
~
3.
4.
~ -
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Nonnally the prinuuy contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BCC Cbainnan's signature are to be delivered to the BCC office only after the BCC bas acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a r riate.
I. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC ,Ii )
Chairman and Clerk to the Board and ossibl State Officials. r.y
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exc t the BCC Chairman and the Clerk to the Board (
3. The Chairman's signature line date has been entered as the date ofBCC approval of the ('I.
document or the final ne otiated contract date whichever is a licable. ..,.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's rf
si ture and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. "I
Some documents are time sensitive and require forwarding to Tallahassee within a certain '+
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on I (enter date) and all changes
made during the meeting have been incorporated in the attached document. The of
Coun Attorne's Office has reviewed the chan es if a Ucable.
I: Fonns! County Forms! BCC Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
I 88
4
ORDINANCE NO. 2006- 56
AN ORDINANCE CREATING THE ROCK ROAD IMPROVEMENT MUNICIPAL
SERVICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE
CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING
FUNDING AND THE LEVY OF NOT TO EXCEED THREE (3) MILS OF AD
VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES;
PROVIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, that portion of Rock Road between Immokalee Road and Shady Lane,
hereinafter referred to as "Rock Road," is currently a private roadway and not maintained by the
County; and
WHEREAS, the County has received inquiries from the property owners adjacent to
Rock Road relating to the improvement and maintenance of this portion of Rock Road and
connecting side roads; and
WHEREAS, the responsibility for the maintenance of Rock Road lies with no one entity
or individual, but rather falls to the individual property owners; and
WHEREAS, the Board of County Commissioners has determined that the best method
for funding the installation and maintenance of improvements within the area known as Rock
Road is by the creation of the Rock Road Improvement Municipal Service Taxing Unit for
purposes of levying taxes and funding necessary road improvements and maintenance in that
area.
NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE.
Authority
This Ordinance is adopted pursuant to the provisions of Section 125.01 and Chapter 200,
Florida Statutes, and other applicable provisions of Law.
SECTION TWO.
Creation of the Municipal Service Taxing Unit
There is hereby created and established the Rock Road Improvement Municipal Service
Taxing Unit hereinafter referred to as the "MSTU." The properties within the Municipal Service
Taxing Unit and its boundaries are as described on the attached composite Exhibit A" that is
incorporated by reference.
Page 1 of 4
88
SECTION THREE. Purpose and Governing Body
The MSTU is created for the purpose of providing and maintaining roadway
improvements, which may include attendant facilities, such as drainage, sidewalks and street
lighting. The governing body of the MSTU shall be the Board of County Commissioners of
Collier County, Florida.
SECTION FOUR Funding and Levy of Taxes
For the purpose of implementing this Ordinance, the Board of County Commissioners
shall annually, at the time required by general budgetary law, make an itemized estimate of the
amount of money required to carry out the business of the MSTU for the next fiscal year, which
shall be from October I to and including September 30 following. The estimate shall describe the
purpose for which the moneys are required and the amount necessary to be raised by taxation
within the MSTU. At the time and place for fixing the annual rate of taxation for County
purposes, the Board of County Commissioners shall fix and cause to be levied on all properties
within the MSTU, subject to taxation, a millage rate not to exceed three (3) mils per year.
SECTION FIVE.
Tax Assessment and Collection
Taxes herein provided for shall be assessed and collected in the same manner and form
as provided for the assessment and collection of general County taxes and subject to the same
fees for assessing and collecting as general County taxes.
SECTION SIX. Duties of the County Manager or His Designee
The duties of the County Manager or his designee shall be:
A. To aid and assist the Board of County Commissioners in carrying out the purposes of the
MSTU in accordance with established practices and policies of the Board of County
Commissioners and as set forth in this Ordinance.
B. To prepare and recommend to the Board of County Commissioners an itemized annual
budget of the amount of money required to carry out the business of the MSTU for the next
fiscal year.
C. To provide periodic written reports to the Board of County Commissioners of the activities
of the MSTU and its finances in accordance with established guidelines of the Board of
County Commissioners.
SECTION SEVEN. Conflict and Severability
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
Page 2 of 4
t Ba
applicable law, the more restrictive shall apply, If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION EIGHT.
Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION NINE.
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 ~ f( day of November, 2006.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
JL(~;'~a.( ·
c, -.i U:~': ~ 11"1III I
APpro~~=~~:
legal sufficie~y: .' . .'
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By: ~-2$L
FRANK HALAS, CHAIRMAN
~2lk~
Scott R. Teach,
Assistant County Attorney
Page 3 of4
I Ba
1
J
GEOGRAPHIC BOUNDARIES:
The boundaries of the ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING
UNIT shall comprise all that land located in Collier County, Florida, and specifically described
as:
The Northeast 1/4 of Section 32;
The Northeast 1/4 of the Northwest 1/4 of Section 32;
The North 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 32;
The Southeast 1/4 of the Southeast 1/4 of Northwest 1/4 of Section 32;
The Southeast 1/4 of Section 29;
The Southwest 1/4 ofthe Northeast 1/4 of Section 29;
The Southeast 1/4 of the Northeast 1/4 of Section 29;
The South 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 29;
The East 1/2 ofthe Southeast 1/4 ofthe Southwest 1/4 of Section 29;
The West 1/2 of the Southeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29;
The West 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29;
The East 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29;
East 100 feet of West 660 feet of the North 1/2 of the Northwest 1/4 ofthe Northeast 1/4 of
Section 29;
East 160 feet of the Northeast 1/4 of the Northwest 1/4 ofthe Northeast 1/4 of Section 29;
The East 1/2 ofthe Southeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29;
all in Township 48 South, Range 27 East.
Exhibit" A"
Page 4 of 4
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1
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2006-56
Which was adopted by the Board of County Commissioners
on the 28th day of November, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st
day of December, 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
.-
By:
~~r6(.
Ann Jen~jo~, ,
Deputy Clerk
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)
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To: Clerk to the Board: Please place the foUowing as a:
181 Nonnallegal Advertisement
(Display Adv., location, etc.)
o Other:
"'
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Originating Deptl Div: Transportation
Person: Robert W. Tipton, P.E. Traffic Operations Director Date: 11106/06
Petition No. (If none, give brief description): Ordinance Amending Chapter 130, Collier County Code of Laws of Ordinances
Petitioner: (Name & Address):
181 Naples Daily News
o Other
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o Legally Required ~
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See Attached Ordinance re: Use of Golf Carts in Goodlar1'
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before X BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before bearing. November 28, 2006
Newspaper(s) to be used: (Complete only if important):
Proposed Text: (Include legal description & common location & Size:
Florida
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Does Petition Fee include advertising cost? 181 Yes 0 No If Yes, what account should be charged for advertising costs: 101-4
163630-649100 ;;
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DISTRIBUTION INSTRUCTIONS ~
A. For bearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval beforeJ.'
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or req
for same, is submitted to County Attorney before submitting to County MllIUlIer. Tbe Manager's omce will distribu
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~
~
Rev'
IS kit
Date '
&12^ nli/~b
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Companion petition(s), if any & proposed hearing date:
o County Manager agenda me: to
Clerk's omce
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
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FOR CLERK'S OFFICE USE Olf~ Joe" II J 't, it, I I , I/--J,,,
Date Received: l f Date of Public hearing: { J;. { {J Date Advertised: -L.1..f-J--L161.O
ORDINANCE NO. 1006-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING THE CODE OF LAWS AND
ORDINANCES OF COLLIER COUNTY AT CHAPTER 130, TRAFFIC
AND VEmCLES, TO ADD A SECTION ALLOWING FOR THE USE OF
GOLF CARTS UPON DESIGNATED COUNTY ROADS IN GOODLAND.
FLORIDA SUBJECT TO SPECIFIED RESTRICTIONS; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Section 316.212(1), Florida Statutes, permits counties to allow golf carts to
be operated on county roads provided the county first determines that they may safely travel on or
cross such public roads orstrects upon considering the speed, volume, and character of motor
vehicle traffic using those roads or Ilreets; IIIId
WHEREAS, Section 316.212(4), Florida Statutes, states that golf carts may only operate
on such public roads or streets during the hours between sunrise and sunset. unless the
governmental agency specifically determines that such golf carts may al80 safely operate during
the hours between sunset and sunrise IDl1 the golf carta poS1ICS1l bcadligbts, brake lights, turn
signals and windshields.
WHEREAS, SectiOlll 3]6.212(7), Florida Statutes, allows counties to enact restrictions
md regulations reprding golf cart operations that are more restrictive than those contained in the
state statutes as long as appropriate signs are posted or the residents are otherwise informed that
the regulation of golf cart operation in the designated area will be in accordance with a stricter
local ordinance; and
WHEREAS, III of the effective date of this Ordinance, the Collier Ccunty Transportation
Division's Traffic Operations Department has conducted a study to determine whether golf carts
may safely travel on or cross public roads or streets located in Ooodland, Florida, considering the
following factors: speed, volume, and the character of motor vehicle traffic using the relevant
roads or streets; and
WHEREAS, the Board of CommiSllioDera has detemrlned that golf carta may safely be
operated in a limited manner on all county roads and streets in Ooodland, Florida that arc located
at least 125 feet west ofSUDSCt Drive; and
8D
WHEREAS, the Bolll'd of CommissioDel'll desires to pmvide additional regulations fur the
operation of golf carta on designated roads and streets in GoodUInd located in Collier County,
Florida; and
WHEREAS, the Board of County Commissioners believes that regulations proposed in
this Ordinance promote 8Jld enhance the health, safety and welfare of its citizens.
NOW, TIlEREFORB, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLUER COUNTY, FLORIDA that:
SECTION ONE: THE CODE OF LAWS AND ORDINANCES OF COLLIER
COUNTY, CHAPTER 130, TRAFFIC OPERATIONS, IS AMENDED
TO INCLUDE A NEW SEcrION 130-4, TO READ AS FOLLOWS:
SECTION 130-4: Use of golf carts upon designated public roads and streets in Ooodland,
Collier County, Florida.
1. The term "golf cart" is defmed as sta1ed in Florida Statutes, subsectioD 320.01, as
a motor vehicle that is designed and manufactured for operation on a golf course for sporting or
rec:reetional purposes and that is not capable of exceeding speeds of twenty (20) miles per hour.
2. Golf carts may be operated on those county roads and streets in Ooodland, Florida
located 111east 125 feet west of Sunset Drive. This designation is in accordance with Florida
Statute, Section 316.212.
3. In IIddition to the requirements of Florida Statute Section 316.212, which lire
applicable to the operation of golf carts on the arorcmcntioncd designated roads and streets, the
following restrictions shan also apply:
(8) All pet'l'IOM opentina golf carts subject to this ordinance muat be a
minimum of sixteen (16) years of age. hold 8 valid driver's license iSBUCd within the United
States. and must be in posaession of a valid identification card showing proof of age at all times
while operating a golf cart on the doaipated public roads.
(b) The number of occupants in any golf cart operated on the designated
public streets and roads slWl be restricted to the numb<< of seats on the golf cart. No occupants
of a golf cart shall stand at my time while the golf cart is in motion.
(0) All golf carts operated under this ordinance shall be restricted to a
maximum attainable speed of twenty (20) miles per hour.
2
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D
(d) All JOlf C8rts operating mbject to this ordinance must be equipped with
efficient brakes, reliable steering. safe tires, a rearview mirror, and red reflectorized warning
devices in both the front and rear at all times while operated on the designated roads and streets
in Ooodland, Florida.
(0) With the CllLception of the Goodland residents' Cbristmas Holiday and
Mardi Gras JP)lf cart parades, golf carts may only bo operated on the designated roada and streets
during the hours between sunrise and 8UIllICt. Golf carts operating at night on those special
occasions shall poll8elS ~ brake lights, turn signals and windshields.
(f) BefOlC golf carts may be operated under this section, the ownen thereof
must purchue Iftd maintain liability insurance iDlUring aaainst penonal injury and damage to
property of any nature relative to the operation of golf carts on the deBignated public roads and
streets.
(4) Violations of this section shall constitute a non-aiminal infraction enfurccable
pursuant to the provisions of Florida Statutes, Section 316.212(8).
(5) The Collia' Cowrty Tnmsportation Division shall poat signs along the designated
roacll and streets where JP)lf cart operation is allowed advising motorists of the possible presew:e
of golf cart traffic and alerting the public that the operation of such golf carl3 is subject to the
VariOUl requircmcms of this ordinance.
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordi.nan<:e sball become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renlDDbered or
re-Iettered to accomplillb. such, and the word .ordiJum<:e. may be changed to .section,.
or any other appropriate word.
SECI'ION THREE: CONFLICJ' AND SEVERABILITY.
In the event this Ordinance contlicta with my other Ordinance of CoJljer County or other
applicable law, the more restrictive shall apply. Ihny pbraae or portion of the Ordinance is held
invalid or unconstitutional by any court of competeDt jurisdiction, such portion shall be deemed a
3
8D
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECfION FOUR: EFFECTIVE DATE.
This 0rdiDaace 8hall take effe<:t upon filing with the Florida Department of State.
PASSBD AND DULY ADOPTED by the Board of County Comm;uioners of Collier
County, Florida this
day of November, 2006.
A TI'EST:
DWIGHT E. BROCK., CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNlY, FLORIDA
By:
By:
DBPUTY CLERK
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency:
~1J-RkL
Scott R. Teach,
Assistant County AUomoy
4
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....J
November 9,2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Ordinance Amending Chapter 130, Collier County Code of Laws
of Ordinances
Dear Legals:
Please advertise the above referenced notice on Friday, November 17,
2006 and kindly send the Affidavit of Publication, in duplicate, together
with charges involved, to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
P.O./Account # 101-163630-649100
NOTICE OF INTENT TO CONSIDER ORDINANCE
8D
Notice is hereby given that on Tuesday, November 28, 2006, in
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of
proposed Ordinance is as follows:
the
Board
the
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY AT
CHAPTER 130, TRAFFIC AND VEHICLES, TO ADD A SECTION ALLOWING FOR THE
USE OF GOLF CARTS UPON DESIGNATED COUNTY ROADS IN GOODLAND, FLORIDA
SUBJECT TO SPECIFIED RESTRICTIONS; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AAND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will
need a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal
is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Dillard, Deputy Clerk
b..... In...
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,.....J
Teresa L. Dillard
To:
Subject:
legals@naplesnews.com
Ordinance amending Chapter 130, Code of Laws and Ordinances
Attachments:
Amend. Chapter 130, C.C. Code of Laws of Ordinances.doc; Amending Chapter 130, C.C.
Code of Laws of Ordinances.doc
Legals,
Please advertise the following on Friday, November 17, 2006. Any questions, please contact me.
Thank you
Amend. Chapter Amending Chapter
130, c.c. Code ... 130, c.c. Cod...
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dillard@clerk.collier.fl.us)
1
~
8D
Teresa L. Dillard
From:
Sent:
To:
Subject:
ClerkPostmaster
Thursday, November 09, 20062:50 PM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
ATT3900273.txt; Ordinance amending Chapter 130, Code of Laws and Ordinances
[J"..,
'"...::;
-
f:::-~~;I
L::...J
ATT3900273.txt
(231 B)
Ordinance
lending Chapter l3C
This is an automatically generated Delivery Status Notification.
Your messase has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
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Teresa L. Dillard
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com)
Thursday, November 09, 20062:50 PM
Teresa L. Dillard
Delivered: Ordinance amending Chapter 130, Code of Laws and Ordinances
Attachments:
Ordinance amending Chapter 130, Code of Laws and Ordinances
Ordinance
lending Chapter BC
<<Ordinance amending Chapter 130, Code of Laws and Ordinances>> Your message
To: legals@naplesnews.com
Subject: Ordinance amending Chapter 130, Code of Laws and Ordinances
Sent: Thu, 9 Nov 2006 14:50:17 -0500
was delivered to the following recipient(s):
legals, NDN on Thu, 9 Nov 2006 14:50:27 -0500
1
Ordinance amending Chapter 130, Code of Laws and Ordinances
Page 1 of 1
Teresa L. Dillard
8D
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Thursday, November 09, 2006 3:38 PM
To: Teresa L. Dillard
Subject: RE: Ordinance amending Chapter 130, Code of Laws and Ordinances
OK
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collierJl.us]
Sent: Thursday, November 09, 2006 2:50 PM
To: legals@naplesnews.com
Subject: Ordinance amending Chapter 130, Code of Laws and Ordinances
Legals,
Please advertise the following on Friday, November 17, 2006. Any questions, please contact me.
Thank you
<<Amend. Chapter 130, C.C. Code of Laws of Ordinances.doc>> <<Amending Chapter 130, C.C. Code of
Laws of Ordinances.doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Di Ilard@clerk.collier.fl.us)
11/9/2006
NAPLES DAILY NEWS
Published Dailv
Naples. FL 3-\.102
Affidavit of Pu blication
S tate of Florida
County of Collier
Before the undersigned they serve as the authority. personally
appeared Phil Lewis. who on oath says that they
serve as the Editor of the Naplcs Daily. a daily newspaper
publishcd at Naples. in Collier County. Florida; distributed
in Collier and Lee counties of Florida: that the ath'lched copy
of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the issuc
on. No\'cmber. 17th
2006
AfIiant lurther says that the Said ~aples Daily '\ews is a newspaper
published at '\aples. in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
Count\'. Florida~ distributed in Collier and Lee counties ot'Florida.
each da'.' and has been entered as second class mad matter at the post
otlicc in '\aples. In said Collicr ('ounty. Florida. lor " period of I
year ne),,1 preceding the first publieation oftne "uached copy of
ad\'ertiscment~ and affiant furthcr says that he has neither paid nor
promised any person, linn or corporation any discount. rebate.
commission or refund t()r the purpose of securing this ad\ er1isemcnt for
publ icalion in the sai Jews paper.
( Signature of affiant)
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Ntmcv !wJ1ll
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NOTIC\! OF INTENTTO
CONSlPER ORDINANCE
Notice Is hereby given
that on Tuesday. No,
vember 28. 2006. In the
Boardroom 3rd Floor.
Admlnlstratfon Building,
Col.ller county Govern.
mentCenter. 3301 East
Tamlaml Trail.!. Naplesl
Florida. the Iloard OT
County commissioners
will consider the enac~'
ment of a County Ord,I'
nance. ,The meeting Will
commence at 9:00 A,M.
The title of the proposed
Ordinance Is as follows:
AN ORDINANCE OF THE
BOARD OF COUNTY
COMMISSIONERS OF
COL\,.IER COUNTY.
FLORIDA AMENDtNG THE
CODE OF LAWS AND OR-
DINANCES OF COLLIER
COUNT" AT CHAPTER
130 TRAFFIC AND VEHI-
CLES. TO ADD A SECTION
ALLOWING FQR THE USE
OF GOLF CARTS UPON
DESlGN~TEll COUNTY
ROADS IN (lOODLAND.
fLOIHOASUBJECT TO
spECIfiED, RESTRIC-
TIO"!~l,PROVIDING FOR
INCL~ION IN, THE CODE
OF LAWS A'ND ORDI-
NAt<lC,e.s:. PROVIDING
FOlfCQNFLICT AAND
SEVERABILITY: AND
PROVIDING FOR AN EF-
FECTIVE DATE.
co~~;~i'ttle proposed
Ordlnal'\C& iIlre on file
with the Clerk to the
Board and are available
for Inspection. All Inter-
ested parties are Il1vlted
to attend and be heard. '
NOTE: All persons wish-
Ing to speak on any
agenda Item must regls.
ter with the County ad-
ministrator prior to pre-
sentation of the agenda
Item to be addressed.
Individual. speakers will
be limited to 5 minutes
on any Item. The selec-
tlonof an IndIvidual to
speak on behalf of a,n
la organl~aticll1 or group IS
encouraged. If recog-
'\ nlzedl:ly the Chairman.
. a spokesPlilrson for a
~" grou_or, organization
,may 'allo~ed 10 min.
. utes' speak on an
Item.
Perso,ns wishing to
have written or graphic,
materials IncluCled In
the Board agenda pack-
ets must submit said
materl~ a minimum of 3
week,s prior to the reo
specthie public. hearing.
In any case, written ma.
terlals Intended to be
considered by the Board
shall be subm itted to
the appropriate County
~m ofaev-
en days prior to the
public hearing, All ma.
terlal used in presenta-
tions before the Board
will become a perma-
nent part of the record.
Any person who decId-
es to appeal " decision
of the Board will need a
record of the proceed-
Ings pertaining thereto
and therefore. may need
to ensure tnat a verba.
tim record of the pro.
ceedlngs Is made which
record Includes the tes-
timony and evidence
upon which the appeal
Is based.
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY.
~~~~~AHALAS. CHAIR-
~~NIGHT E. BROCK.
CLERK
By: Teresa Dillard. Dep-
uty Clerk
Nov. 17 No, 1473952
i
"
/'
ORIGINAL DOCUMENTS CHECKLIST & ROUTING slIen
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE
Print on pink paper. Attach to original document. Original documents should bc hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exeeution of the Chairman's signature, draw a line throu~h routinl! lines #1 throul!b #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routinl! order)
1.
2.
~~'"~- I---.~_~_.o.
3. ~,..-,-
.-
4. Scott R. Teach, ACA County Attorney's Office SRT rpl\ 11/29/06
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
7. Scott R. Teach, ACA County Attorney's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Bob Tipton Phone Number 774-8260
Contact Traffic Operations Director
Agenda Date Item was November 28, 2006 Agenda Item Number 8D
Approved by the BCC
Type of Document Ordinance Ot.,-5t Number of Original 2
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on November 28. 2006 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorne 's Office has reviewed the chan es, if a licable.
Please return one executed ori inal document to Scott R. Teach ACA
Yes
(Initial)
SR;'4
N/A (Not
A Iicable)
2.
3.
4.
5.
6.
7.
SRT4t ~
SR:&1
SRT9~
SRT .$1.1
SRT
I: Forms! County Forms! BCC FormsJ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
<<matter _number>>! <<documenCnumber>>
8D
ORDINANCE NO. 2006-~
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING THE CODE OF LAWS AND
ORDINANCES OF COLLIER COUNTY AT CHAPTER 130, TRAFFIC
AND VEHICLES, TO ADD A SECTION ALLOWING FOR THE USE OF
GOLF CARTS UPON DESIGNATED COUNTY ROADS IN GOODLAND,
FLORIDA SUBJECT TO SPECIFIED RESTRICTIONS; PROVIDING
FOR INCLUSION IN THE CODE OF LA WS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Section 316.212(1), Florida Statutes, permits counties to allow golf carts to
be operated on county roads provided the county first determines that they may safely travel on or
cross such public roads or streets upon considering the speed, volume, and character of motor
vehicle traffic using those roads or streets; and
WHEREAS, Section 316.212(4), Florida Statutes, states that golf carts may only operate
on such public roads or streets during the hours between sunrise and sunset, unless the
governmental agency specifically determines that such golf carts may also safely operate during
the hours between sunset and sunrise and the golf carts possess headlights, brake lights, turn
signals and windshields.
WHEREAS, Section 316.212(7), Florida Statutes, allows counties to enact restrictions
and regulations regarding golf cart operations that are more restrictive than those contained in the
state statutes as long as appropriate signs are posted or the residents are otherwise informed that
the regulation of golf cart operation in the designated area will be in accordance with a stricter
local ordinance; and
WHEREAS, as of the effective date of this Ordinance, the Collier County Transportation
Division's Traffic Operations Department has conducted a study to determine whether golf carts
may safely travel on or cross public roads or streets located in Goodland, Florida, considering the
following factors: speed, volume, and the character of motor vehicle traffic using the relevant
roads or streets; and
WHEREAS, the Board of County Commissioners has determined that golf carts may
safely be operated in a limited manner on all county roads and streets in Goodland, Florida that
are located at least 125 feet west of Sunset Drive; and
I
~ aD
WHEREAS, the Board of County Commissioners desires to provide additional
regulations for the operation of golf carts on designated roads and streets in Goodland located in
Collier County, Florida; and
WHEREAS, the Board of County Commissioners believes that regulations proposed in
this Ordinance promote and enhance the health, safety and welfare of its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: THE CODE OF LA WS AND ORDINANCES OF COLLIER
COUNTY, CHAPTER 130, TRAFFIC OPERATIONS, IS AMENDED
TO INCLUDE A NEW SECTION 130-4, TO READ AS FOLLOWS:
SECTION 130-4: Use of golf carts upon designated public roads and streets in Goodland,
Collier County, Florida.
1. The term "golf cart" is defined as stated in Florida Statutes, subsection 320.0 I, as
a motor vehicle that is designed and manufactured for operation on a golf course for sporting or
recreational purposes and that is not capable of exceeding speeds of twenty (20) miles per hour.
2. Golf carts may be operated on those county roads and streets in Goodland, Florida
located at least 125 feet west of Sunset Drive. This designation is in accordance with Florida
Statute, Section 316.212.
3. In addition to the requirements of Florida Statute Section 316.212, which are
applicable to the operation of golf carts on the aforementioned designated roads and streets, the
following restrictions shall also apply:
(a) All persons operating golf carts subject to this ordinance must be a
minimum of sixteen (16) years of age, hold a valid driver's license issued within the United
States, and must be in possession of a valid identification card showing proof of age at all times
while operating a golf cart on the designated public roads.
(b) The number of occupants in any golf cart operated on the designated
public streets and roads shall be restricted to the number of seats on the golf cart. No occupants
of a golf cart shall stand at any time while the golf cart is in motion.
(c) All golf carts operated under this ordinance shall be restricted to a
maximum attainable speed of twenty (20) miles per hour.
2
BD
(d) All golf carts operating subject to this ordinance must be equipped with
efficient brakes, reliable steering, safe tires, a rearview mirror, and red reflectorized warning
devices in both the front and rear at all times while operated on the designated roads and streets
in Goodland, Florida.
(e) With the exception of the Goodland residents' Christmas Holiday and
Mardi Gras golf cart parades, golf carts may only be operated on the designated roads and streets
during the hours between sunrise and sunset. Golf carts operating at night on those special
occasions shall possess headlights, brake lights, turn signals and windshields.
(f) Before golf carts may be operated under this section, the owners thereof
must purchase and maintain liability insurance insuring against personal injury and damage to
property of any nature relative to the operation of golf carts on the designated public roads and
streets.
(4) Violations of this section shall constitute a non-criminal infraction enforceable
pursuant to the provisions of Florida Statutes, Section 316.212(8).
(5) The Collier County Transportation Division shall post signs along the designated
roads and streets where golf cart operation is allowed advising motorists of the possible presence
of golf cart traffic and alerting the public that the operation of such golf carts is subject to the
various requirements of this ordinance.
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re-lettered to accomplish such, and the word "ordinance" may be changed to "section,"
or any other appropriate word.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
3
, 8D
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 28th day of November, 2006.
.~:" \." .,.~, ~
ATTEST: ,.,
DWIGHT E. BROCK, CLERK
~~.
.r
; - .' ,,:. ~ , {
By" .... '".~ 0C
Attest' .,Q&PCtU'~~K
s1gnatwrt 001 w
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
~~$ ---
FRANK HALAS, CHAIRMAN
By:
Approved as to form and
legal sufficiency:
?;~H-R/~L
Scott R. Teach,
Assistant County Attorney
4
~ BD
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2006-57
Which was adopted by the Board of County Commissioners
on the 28th day of November, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
day of November, 2006.
. \' n I ~
f ''';
DWIGHT E. BROCK i
Clerk of Courts,'aTI;d.\<!q.erk
Ex-officio t6 Eaba:rdof .>
County Commissfon~rs.
./ ,.
...,.. <.f
, .
> \. : ~ .
>?
~ ~c~;(,'!.
By: Ann Jennejohn,
Deputy Clerk
,
86
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
Normal legal Advertisement
Other: (Display Adv., location, etc.)
*********************************************************************************************************
Originating DeptJ Div: Comm.Dev.Serv./Environmental Services
Person: Alexandra Su1ecki. Sr. Environmental
Specialist, Coordinator, Conservation Collier Program
Date: 10/31/06
Petition No. (If none, give brief description): Exceptional Benefits Ordinance for the Conservation Collier Program
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Bridget Washburn Brad Cornell Nancy Payton
Conservancy of Southwest Florida Collier County Audubon Society Florida Wildlife Federation
1450 Merrihue Drive 556 109th Ave. N 2590 Golden Gate Parkway, Suite 105
Naples, FL 34102 Naples, FL 34108 Naples, FL 34105
Hearing before
BCC
x
BZA
Other
Requested Hearing date: November 28. 2006 Based on advertisement appearing !.!L days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
D Legally Required
Proposed Text: (Include le2al descriDtion & conunon location & Size):
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
ESTABLISHING AN EXCEPTIONAL BENEFITS PROCESS AND PROCEDURE, PROVIDING FOR A SHORT TITLE,
INTENT, APPLICABILITY, AUTHORITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROTECTION OF
THE CONSERVATION COLLIER LANDS; PROVIDING FOR EXCEPTIONAL BENEFITS COMPENSATION FOR
ANY CONVEYANCE OF AN INTEREST IN CONSERVATION COLLIER LANDS; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND
ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE.
Does Petition Fee include advertising cost? XX Yes charge for advertising costs: 172-178986-649100
Approved by:
~~/);~
Date
County Manager
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager.
B. Note: Iflegal document is involved, be sure that any necessary legal review, or request for same, is submitted to County
Attorney before submitting to
County Manager.
The Manager's office will distribute copies:
D County Manager agenda file: to D Requesting Division D Original
Clerk's Office
C. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
*********************************************************************************************************
FOR CLERK'S i'Tli~(;,SE ONLY, II 1-:.8 f'L I I I ,~O' J .
Date Received: , Date of Public hearing: ~Date Advertised:~' l~
8G
ORDINANCE NO. 2006 -_
fElCOPY
AN ORDlNANCE OF THE BOARD OF COUNTY
COMMiSSIONERs OF COLLIER COUNTY,
FLORIDA, ESTABUSHING AN EXCEPTIONAL
BENEP'IT8 PROCESS AND PROCEDURE,
PROVIDING l'OR A SHORT TITLE, INTENT,
APPLlCABn.rrY, AUTHORITY; PROVIDING FOR
DEFINITIONS; :PROVIDING FOR PROTECTION
OF' THE CONSERV AnON COLLIER LANDS;
PROVIDING FOR EXCEPTIONAL BENEFITS
COMPENSATION POR ANY CONVEYANCE OF AN
INTEREST IN CONSERVATION COLUER LANDS;
PROVIDING FOR EXEMPTIONS; PROVIDING POR
CONll'LICf AND SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE OF LAWS AND
ORDINANCES AND PROVIDING rOR AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted the Conservation
Collier Otdinance 2002-63 on December 3, 2002 pursuant to a referendum to acquire,
protect, I:ClItore and manaae envirQnmcnta1ly setlSltive landa In CoUiet" County; and
WHEREAS, the Board of County Commissioners has acquired over 400 acra of
land for long-term COI1lI<<Vation using these funds; and
WHEREAS, the Board of County Commissioners has previously detennined that
the public interest is best served by these lands being preserved and managed as preserves
or for conservation forever, and that the best means of ensuring pennanent preservation is
to provide multiple layers of protcctI.on for conservation lands through third party
conservation easements, deed restrictions, and shared title;. and
WHEREAS, the Board of Cowty Commissioners has dotmmincd that the public
interest may be served in certain circumstances. by allowing portions of lands acquired
tbrousb the Conservation Collier Program (Proaram) to be dedicated to other public uses
when such dedication resul1s in an exceptional benefit to the Program; and
WHEREAS, the Board .of County Commissionen bas dctennined that an
exceptional benefit to the Program can only be ensured by rcquirins that all conveysnces
of an intoreat in Program Lands be offset by: 1) the acquisition and transfet" Of.l.8l1ds into
the Prozrem and the permanent prelCrvation of higher quality environmcnta1Iy sensitive
lands, greeoways or open spaCe or waf<< resow:ce lands o( greater acreage or more
suitable location than the interest in conservation lands conveyed, 2) payment, or 3) a
combiDation tbt:r:eof; and
WHEREAS, the Board of County Commi98ioncrs has detmmiocd that it is
desirable to establish a public process and procedure for approving Otller-use
Dedication(s) of Program La:ods when such dedication(s) is necesll8l'Y 10 the public
interest and :result. in an exceptional benefit to the Program.
NOW, THE.REFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COI.J..IER COUNTY, FLORIDA. that:
Section 1. SHORT TITLE. INTENT. APPLICABILITY. AUTHORITY:
1.01 This Ordinance shall be known 88 the "Conservation Collier
Exceptional Benefits Ord.inlIDce."
1.02 It is the intent of this Ordinance to recognize that while the public
interest is best ICrved when the Program Lands 88 defincld in
subscctl.on2.01 are alloW1ld to remain II c:oDICl'VatiOD lands in
perpetuity I the public Interest may also be served in certain
circumstances where portions of Program Lands, subject to
8G
cximns grant ~ or partncrBhip agteementB, ere dedicated
to other pubUc. l1IIClI tboreby providing nccouary public
infrastructure in addition to an exceptional benefit to the Program.
1.03 It ia 1he intlisnt of this Ordinance to recopize that Other--use
DcdicatioDIJ of portions of Propm Lands that feil to n:.mlt in an
exceptional benefit to the Prosram as defined in sublection 2.04
are not in tho public interest and shall be prohibited.
1.04 It is the intent of this OrdiDance to provide a process and
procedure wh~by the COnservation Collier Land Acquisition
Advisory Committee (CCLAAC) can evaluate and make a
recommendation at a publlcly-DOticcd meeting to tho Board of
County Commissioners 88 to wbcther Other-use Dedications of
portions of Conservation Collier Landa provide an oxceptional
ba:usfii to the Program.
1.05 Tbe pl'O'\'iaions of this OrdiD8J1C6 apply to tho Conservation
Collier Landa as defined in subeection 2.0 l.
1.06 It is the intent of the Board of County Commissioners that this
0rdinaD0c be conStrued to aISUl'O the long-term protection and
preaervlltion of . COIl8Cl'VlIlion Collier Lends through the
application oftbe criteria contained herein.
1.07 This Ordinaw:e is" adoptedundcr the authority of Chapter 125,
Florida Statutes. The County Manager, or his designee, shall
adminiate.r this Ordinance.
SeedeD 2. DEFINITIONS:
2.01 Pro....m Ltlnd. arc those J.an.d. lUlquircd in whole or in part from
funds obtained from the Conservation Collier Trust Fund u
allowed by Ordlnarice No. 2002-63, as amended, 18 ..wll 88 lands
donated. to the CoMervation Colller Program.
2.02 DedicaUoDl (Oth~Ule Dtdlcatiou) means: 1) a conveyance of
fee simple interest of Prosram Lauds or an euement interest in
Program Lands to an en1l.ty o1her than Collier County or 2) a
cbaDge of the primary U80 of the prosram Lands from COD&CrVBtion
and preservation tc some olbcr use which bcnefitl the public 80
long 88 fee simple interest remains in favor of Collier County.
2.03 Intereat iD Program Lucia means a fee simple interest, casement,
riaht-of-way, or a formal declllt8ti.on of a use not initially intended
for the property acquireducon.scrvation lands. Uses not initially
intended include, ~ut lIl'C not limited 10, utility systems and
&cilitiea and roadways.
2.04 Exceptional BeDeIlt to the PJ'OInID means that the proposed
Other-use DedicatidIlS of portions of Conaorwtlon Collier Lands is
consistent with the goals, objlilatiVClS and. policies of the program
lind is offaet by the transfer luto the Pregram of funda, land, or a
combination thbcor that results in a grCatcr value or acreage for
the Program.
Sutton 3. PROTECTION 0)1' THE CONSERVATION COI.T.TER
LANDS: .
3.01 A governmental entity, including the County acting through one of
i18 depertmcnts. may request an Interest in Proaram Lands by
submiuing . written petition to the Cmmty Manager 01' his
designee on behalf of the Board of County Commissione:rs.
86
3.02 The County MilDaF or his dc8ignec will bring the petition to the
CCLAAC VYhD will evaluate aDd determine in a public forum
whethe:r a potential Othar-use Dedication of portions of
CoJl8el"VatWn Collier Land.!! provides an Exceptional Benefit to the
Program prior to any disposition of Program Lands.
3.03 The Petmon Fonn shall:
A. State the public:. purpoee for which the Other-use Dedication is
bciDg requested.
B. Provide a history and discuasion of the altcmalives to
requesting the' specific' interest in Program Lands and
demonstrate with supportiDs docum.cntation as to why other
alternative. ere !1Ot ac:.ceptable.
C. Demonstrate with supporting documentation that the requested
Other-use Dedicatiooa of portions of Program Landa takes the
minimum acreesc and. to tho maximum c:xtI:nt po88i.blc,
minimizca dclcJerioua intrusion, preserves higher quality or
acxeage of lands thin those lOught if a land exchanae is being
offered, impacts 'the lowest quality habitat., and avoids habitat
fragmentation, ~isc and 1ia;bt pollution that would a4verscly
affect the adjaCent J'f!mllinlng Program Lands.
D. Demonstra1:c with supporting doc:.umentation a substantial
public need for the particular interest in Program Lands
requested, why ~ are DO acceptable alternatives to meet tho
need, why the competing public use must occur at that
location. and bow 1he Other-usc Dedications of portions of
~ Landa will be offilct to ensure an Exc.c:ptional Benefit
to the Proaram-
B. Demonstrate how the Other-use Dedications of portions of
Program Lands will not ldvenc1y affect any State or Pederally
1iBtod species.
F. DemOnstrate that the proposed compensation meets tho goals
and purposes of the Program and provides an Exceptional
Benefit to the Program.
O. Include the current value of tho land to be ~ as
provided for in Section 4.02.
3.04 Prior to any action by the Board of County Commi98ioners
regarding the Qthcr-use Dedications of portions of Program Lands,
the CCLAAC, or; its successor(s), sba1l review and pxepare
findings and ~ons OIl the proposed compensation
jlumwlt to Sccl:ion 4 of this 0rdiDanc0 to dotennine: 1) wbetbcr
any substitute lands offered meet the criteria for acquisition UDder
On:Iinance 2002..(j3, as amended, Section to; 2) whether the
substitute lands offered meet the purpoacs for which the affected
Program Lands were initially lICq1J#ed; and 3) whether :the
proposed compensation pursuant to Section 4 provides an
Exceptional Benefit to the Program. The CCLAAC shall make it.!!
findings and reconunendations no later than 90 calendar days after
receipt of the petition by the County Manaser or his designee. If
tho affected Program LandlI arc within D1U11icipal boundaries, the
petition for conveyance of an interest m Program Lands shall be
submitted for review by that muoi.cipe1ity. The munic:.ipality shall
have 90 calendar days from receipt of the request by its mayor or
manager to provide commcnt.s and recommendations to County
Manager or his designee, who shall. provide copies of the
comments and recoJIllDCJldadons received from CCLAAC and the
applicable municipality to the Board of County Commissioners at
the public hearing whero the petition fO!' Other-use Dedications of
portions of Program Lands is being considered;
Ifj)
(~,
I:jj
'=...
3.05 If the CCLMe baa bcco disbanded, the Petition will proceed
directly 10 the Boeid of County Commiuioners and/or Mayor of
any a:tTected mUDlcipality to request approval.
3.06 To J:CCOmmend approval of the petition,. the CCLAAC must
determine that: .
A. There is a subllt8htial public need for the Other-use Dedications
of portions of PrOgram Lands; and
B. There is no viable or reuonable altemative 10 meet the need
other than. the use of Prollflm Lands; and
C. That the rcqueatcd Other-use DedicUioDl of portions of
Pro&ram Lands is the m1nJmum acrcap neccuary and, to the
m.sximum extent posaible, preaervcs higher quality or quantity
lands than those lIOught.if.. Jand trade is being offered, impBCta
the lowest quality habitat,. and avoids habitat fragmentation.
noise. and light pollution to the adjacent remaining Program
Lands; and
D. That the propollld compeDllldon meets the aoaJs and purJIOBeS
of the Proaram for acquilition lUld is mfficicnt 10 msurc that
the proposed oonveyll1CC will result in an'Exceptional Benefit
to the Program; and
E. That the proposed conveye.ace of lUl interest in Uld use of
Program Lands does not adversely affect any State or Federally
llstod spccios; and
F. That the findings in this BUbaection A. through E. arc cxprcsa1y
set' forth aloD&;. with the writtrm commitment providiDg for
compensation.
3.07 If CCLAAC finds that the Petition fails to meet any of the
requirc:menta, of Section 3.06oftbisOrdinance, the CCLAAC sbal1
recom.mend that the Board of County Commissioners disapprove
tbc petition.
3.08 The Petition shall be brought to the Board of COlU1ty
Commissioncts at a publicly-noticed meeting in order to review
and consider the recommendation of the CCLAAC and to
determine whether the criter1a set forth in subsection 3.06, A-E of
this Ordinance bas ,been met. An affirmative finding as to each
criterion is ncccsury for the Board of County Commissioners to
approve any Petition.
3.09 An affirmative vote of four-fifths of the full membership of the
Board of County Commissioners shall authorize an appropriate
conveyance of an interest in, or euement over, or declaration of
other public use. on lands bcid for the Program.
Secdoa 4. COMPENSAnON POR INTERESTS IN PROGRAM
LANDS: '
4.01 In order to ct1.B1IM that the conveyance of an interest in Program
Lands results in an Exceptional Bcmofit to the Program, the
proposed co~vcylIDCc must be offset by the acquisition and transfer
into the Program. of land or payment of funds that satisfies the
definition ofan;Exaeptional Benofit u stated in sub8cction 2.04 of
this Ordinance. '.
4.02 The value of the land to be acquired as compensation for the use of
Program. Lands shaH exCeed the cmrcnt value of the Program
Lands propoBCd for other use. 1'1uI cmrent value of the interest in
Program Lands sbaU be detaminccl by the parchBSC policy 88 set
forth in Section II ofRe80lution 2003-195, and 88 superseded. If
the net value of the land to be acquiied 88 compensation for the use
of Program Lands docs not exceedthc then current value of the
86--1
4.03
Program Lands propolCd f~ otha.t UIlO, the difference Iball be
made up monetllrily. and 1hoIc funds sba1l be remitted to the
~ ;
Llmd or funds. or IOID.C combination of both. conwyed into tho
Program shill exce'ecI 100% of the value of lands or interest in
Janda proposed for convoyllDCO out of the Program. In valuing the
int1:re8t of Proarlm LaDda, tho value of any development rights
originally purchasod ahal1 be iDchlded.
4.04 With elroClptioruJ as appaoved by the Board of County
c.oNn.;....... if lea tbIa five (.5) acres remain II Program
Lends; the entire parcel may be purcbucd.
4.0S Quality of babilllt for land offered 18 compeosatlon for
Environmentally Sc:nsitive Landa as defined in Section S.6 of
Ordinlmce, No. 2002-63. as ~Nt. also known sa the
Conservation Ccllier Ordinance, shall be detenninCd by the rarity
and diversity of native ClOOI}'ll1mD8. function of the habitat in terms
of its ability to IUppOrt wildlife. adjaeency to or connectivity
between cxitin& Program Lands. and the presence of State or
Federally listed species. If the affected Program. ~ are not
Environmentally Sensitive Lands, as defined in Section 5.6 of
Ordinance No. 2002-63, as amended, the land offered for
compensation punuant to Section 4 of this Ordinance sh8ll satisfy
or exceed the pmpo8C8 served by the conveyed ProgrllJ1l Lands
acoording Ul the acquisition cribia in Section 10 of Ordinance No.
2002-<i3, 18 amended.
4.06 Compensation pursuant to this Section shan be provided at the
time of Board approwl of any Other-use Dedication or t:nmsfer of
interest in Program Lands.
4.07 The party acquiring tho intercIt in Program Landa shall be
~ible for allassoclatld costa, including but not limited to,
com of appraisals, enviroDDlental surveya, boundary surveys,
docamentaly ItlImpI. COItI of rocordins. title commitments and
title insunmce. Tbcae COIt.I Ire not deemed to be part of the
Exceptional Benefit valuation.
Seaton 5. EXEMPTION~:
The following circumstm:es sba11 be exempt from the foregoing proce&s
as set forth in Sectiona 3 and 4 ofthia Ordinance.
S.01 Conveyance of an interest in Program Llmda where the affected
Program Lands will benefit by providing public access where there
was previoualy no reasonable public IICCCU.
S.02 Conveyance of an interest in Program Lands at the time of, and as
pert of, the acquisition pr00e8S is exempt from this Ordinancc.
S.03 Conveyance of a conservatioo euement to a iOVfll1lJDCQt or a non-
profit consenration orgllllization for the purpose of pannancnt
preservation is IlXcmpt from this OrdinlUlCC.
Seedoa 6. CONJI'LICf AND SEVERABILITY:
In the event this OrdiDlIDCO COD1Iicta wilh any oth<< 0rdinaDce of Collier
County or other applicable law, tho more ftl8Irictive sball apply. If any
pbuc, or portion of tho 0tdiJ:umce is held invalid or UIICODStitudonal by
any court of compotent Jurisdiction, such portion sba1l be deemed a
separate. distinct and independa:lt provision IIDd such holding shall not
affect the validity of the remainder portion.
SeetIoa 1. INCLUSION IN no: CODE OF LAWS AND
ORDINANCES:
The provisions of this Ordinance 8ball bccotne end be made a part of the
Code OfLaW8 and Ordinances of Collier County, Florida. The sections of
the 0rdinlInce may be renwnbc:rcd or Je"lcttered to accomplish such. and
the word "ordinance" may be cbangccl to "section," "article," or any other
appropriate word.
Sec&. 8. Ell'J'ECTIVE DATE:
The provisions of this Ordinance shall bcc:ome effectI.ve upon filing with
the Dep8rtmeat of State.
P ASSBD AND nUL Y ADOPTED by the Board of County CommiuiOllCl'l of
Collier CowIty, Florida this _ day of --,2006.
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT B. BROCK, Cledc COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chairman
Deputy Clerk
Approved u to Form snd Legal Sufficiency:
~Cl~ ~~;~
Jennifer A..Bclpcdi
Assistant County Attorney
t
t1'~
t~
/,r-;;
I.",
;"-~
November 3, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Exceptional Benefits Ordinance for the Conservation Collier Program
Dear Legals:
Please advertise the above referenced notice on Friday, November 17, 2006, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
P.O.lAccount # 172-178986-649100
NOTICE OF INTENT TO CONSIDER ORDINANCE
8G
Notice is hereby given that on Tuesday, November 28, 2006 in the
Boardroom, 3rd Floor, Administration Building, Collier County Government
Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County
Commissioners will consider the enactment of a County Ordinance. The meeting
will commence at 9:00 A.M. The title of the proposed Ordinance lS as
follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, ESTABLISHING AN EXCEPTIONAL BENEFITS PROCESS AND
PROCEDURE, PROVIDING FOR A SHORT TITLE, INTENT, APPLICABILITY,
AUTHORITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROTECTION OF
THE CONSERVATION COLLIER LANDS; PROVIDING FOR EXCEPTIONAL BENEFITS
COMPENSATION FOR ANY CONVEYANCE OF AN INTEREST IN CONSERVATION
COLLIER LANDS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND
ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public
hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Dillard, Deputy Clerk
( SEAL)
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
"
., .
U
November 3, 2006
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Nancy Payton
Florida Wildlife Federation
2590 Golden Gate Parkway, Suite 105
Naples, FL 34105
Re: Exceptional Benefits Ordinance for the Conservation Collier
Program
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice.
The legal notice pertaining to this petition will be published in the Naples
Daily News on Friday, November 17,2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~Q~CLcdl(
. Teresa Dillard, Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.clerk.collier.fl.us
Fax-(239)775-2755
Email-collierclerk@c1erk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
Brad Cornell
Collier County Audubon Society
556 109th Ave. N
Naples, FL 34108
Re: Exceptional Benefits Ordinance for the Conservation Collier
Program
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice.
The legal notice pertaining to this petition will be published in the Naples
Daily News on Friday, November 17, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
I~.)AJ.J, 0.__ "i ctC CL 1 d P (
Teresa Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.c1erk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@c1erk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
86
November 3, 2006
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Bridget Washbum
Conservancy of Southwest Florida
1450 Merrihue Drive
Naples, FL 34102
Re: Exceptional Benefits Ordinance for the Conservation Collier
Program
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice.
The legal notice pertaining to this petition will be published in the Naples
Daily News on Friday, November 17, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
(\ 1 LUU-t ~0IAC
\ ~esa Dillard, Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.ll.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.ll.us
Teresa L. Dillard
To:
Subject:
legals@naplesnews.com
Exceptional Benefits Ordinance for the Conservation Collier Program
Attachments:
Ord. Exceptional Benefits for Conservation Co. Prog.doc; Ord.Exceptional Benefits Ord. for
the Conserv Co. Prg.doc
Legals,
Please advertise the following on Friday, November 17, 2006. Any questions, please contact me.
Thank you
Ord. Exceptional
Benefits for...
Ord.Exceptional
Benefits Ord. ...
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa.Di lIard@clerk.collier.fl.us)
1
Teresa L. Dillard
8G
From:
Sent:
To:
Subject:
Clerk Postmaster
Friday, November 03,20069:26 AM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
ATT2564318.txt; Exceptional Benefits Ordinance for the Conservation Collier Program
~
F7". ....~~.- -.~-.7"1
U
ATT2564318.txt
(231 B)
Exceptional
3enefits Ordinance..
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Exceptional Benefits Ordinance for the Conservation Collier Program
Page 1 of 1
.;1'''),
b
Teresa L. Dillard
~~_,^V'_~~_~~_.'mw^~v^~~~'.~_.,.~~_~,^"W~~..~ ^'~~"~~>'~,~~__~..~~mmM~~","~y~v,.~~^v_m"_.~,~"...~"^,-_~m^,~'~=.~~o m~'_~"^'kN"'__"__^~'~'~~'~'''_^~_Wm~__'~^,,^~~~~,~_~~v~'N'__~~~,
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Friday, November 03,2006 10:21 AM
To: Teresa L. Dillard
Subject: RE: Exceptional Benefits Ordinance for the Conservation Collier Program
OK
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.fl.us]
Sent: Friday, November 03,20069:26 AM
To: legals@naplesnews.com
Subject: Exceptional Benefits Ordinance for the Conservation Collier Program
Legals,
Please advertise the following on Friday, November 17, 2006. Any questions, please contact me.
Thank you
<<Ord. Exceptional Benefits for Conservation Co. Prog.doc>> <<Ord.Exceptional Benefits Ord. for the Conserv
Co. Prg.doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dillard@clerk.collier. fl. us)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
11/3/2006
NAPLES DAILY NEWS
Published Daily
Naples. FL J-t 102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority. personally
appeared Phil Lewis. who on oath says that they
serve as the Editor of thc Naples Daily. a daily newspaper
publishcd at Naplcs. in Collicr County. Florida: distributed
in Collier and Lee counties of Florida: that thc attached copy
of the advcrtising. being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the issue
on. November. 17th
2006
:lifiant lurther says that the said !'."apks Daily '\ews is a newspaper
published at :\aples, in said Collicr County. Florida. and that the said
newspaper has hcretofore been continuously published in said Collier
County. Florida: distrihUlcd in Collier and r .ee counties of Florida.
cach day and has beu! entercd a:: second class mail maller at the post
o!lice in i'iaples. in said Collier County, Florida, t,'r a period of 1
ycar nex1 preceding the lirst puhlication ofthc attacbed copy of
advertisement; and affiant lurther says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund it)r the purpose of securing this advertiscment fllr
V[jZ~"
( Signature of affiant)
S\\orn to and subscribed before me
This 17th
Day of November. 2006
-i
.,/ .c1--.~L.<".....-<:/
(Signature of notary p~)
A -~'--":..'::-'-~~,
. :-~~~,---
~ · B. '1lJ11
"::',"'1"8...--'" i
'/
, "
...
/
/7'//
C"';::'4.?~6.,_7
. .,J
OItDJE
N..otlce IS hereby given
t".!!.. On Tuesday, No.
.,e,,~er 28, 2006 In the
I!!oardroom, 3rd FlOOr
~nllt"'!>>l Blllldlng:
Colll.r _nty Govern-
Tmerit. ceme. .r., 3301. East
amlUlf Trail Naples
"orlda, theso.rd o~
.County Commissioners
III/lII consider .tI'Ie enact-
ment of II Count Ordl-
1'IIlI1Cle" The ~
commence It ....
Tile title of . ~r
po "sed Ordinance's as
fo Olll/S:
.AN ORDINANCE OF THE
-a~."lT--O"C I) U NT Y
ggMMISS'ONUSOF
I'LO . U. n.
AN 'G
FITS
;Jf ASHOtn" TIt 10 H'~ ~
TEN.T .' .LE. IN
IdJrH P TY
fOR
VIOING
Z'ON OF .,
vA TIOlII COLL
PROVIOING FOR.l
nONAL IENEFI'I'1
PENSA nON. I' '
CONVEYANCE
TEREST IN CO.
TlON COLLIER
PROVIOINQ
TIONS; .. PRO
CONFLICT AND
BILlTYi. PROV.'
INCLU:5IQN. IN
LAWS ANI) OR
:tlOPROYIDING
I"J'!ClWE DATE. \
Copies of ~ pr~
Ordinance are Q~'flle
with. the. Clerk to .t~e
pOllrdl and are Ilvallable
o~ns=.. . n..AlI.. r-
r~ 1l1tthcl4rid~d
NOTE: AU ~.wtSh-
~~W:.I=),k>on 'an~
ter \II/Ith . tile ~nty~..
m'nlstrlltor""or to pre-
~entatlon of the agenda
Item to be addressed.
11ldlvlcIual....... WIlT
be Ilritltea to $ minutes
on an)' Item. The selec-
tion of an. Ind/vldulll to
speak on bfhlllf of an
organization or 'group II
en I courllQtCt. 'if recoo./
n zed
a SlJ .
grOIl a
may"
utes on an
Item.
8G
Perso.rll'!IIlshlng to
havliwtl~ or llrlltllllc
mllt.rlll". IncluDed In
the Boet'd.agenda paCk-
ets must suOJnlt said
matl!1l1it . . 'm1n1.mum of 3
w " j)r to there-
S . Ie hearIng.
In ..en mi.
te . ded to f)e
consldlinld b the 80llrd
shall ttedto
the q . COunty
stafUI umQf sev-
en dll.. lor..to tile
publlQ . All ma-
terla"Il. ~.
tlons .b.. e ore tile Board
will become a perma-
nent part of the record,
An~,~'whQ4eGk.l-
es. to_.. ..e elllll II dec:lsTOh
of theS<Ianl wllIlIlIed a
record of the proceed-
Ings pertaining .thereto
Ilnd therefore. may
need to 'ensure that a
verbatim record af the
proceedings 'Is made.
which record Includes
the testimony and evi-
dence upon III/hlch the
appeal Is based.
SOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY.
F HALAS,CHMR-
lit'!. SROCK.
~
DlIlard, Dep-
11
n
ORIGINAL DOCUMENTS CHECKLIST & ROUTll'f; ~JI>
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENt T'" 11
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be f()rwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
I~' l'f
exception of the Chainnan's si!!llature, draw a line throulZl- routine lines # I throullit #4, complete the checklist, and forward to Sue Filson line # 5),
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of COurt'S Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Alexandra Sulecki Phone Number 213-2961
Contact
Agenda Date Item was November 28, 2006 Agenda Item Number 8G
Approved by the BCC
Type of Document Ordinance ~-5<6 Number of Original 1
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 11/28/06 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A Iicable)
2.
3.
4.
5.
6.
ft5
ft-S
(15
ACS
~
I: Fonnsl County Fonns/ BCC Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
; 8G
lM'~
ORDINANCE NO. 2006 _ 58
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, EST ABLISHING AN EXCEPTIONAL
BENEFITS PROCESS AND PROCEDURE,
PROVIDING FOR A SHORT TITLE, INTENT,
APPLICABILITY, AUTHORITY; PROVIDING FOR
DEFINITIONS; PROVIDING FOR PROTECTION
OF THE CONSERVATION COLLIER LANDS;
PROVIDING FOR EXCEPTIONAL BENEFITS
COMPENSATION FOR ANY CONVEYANCE OF AN
INTEREST IN CONSERVATION COLLIER LANDS;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE OF LAWS AND
ORDINANCES AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted the Conservation
Collier Ordinance 2002-63 on December 3, 2002 pursuant to a referendum to acquire,
protect, restore and manage environmentally sensitive lands in Collier County; and
WHEREAS, the Board of County Commissioners has acquired over 400 acres of
land for long-term conservation using these funds; and
WHEREAS, the Board of County Commissioners has previously determined that
the public interest is best served by these lands being preserved and managed as preserves
or for conservation forever, and that the best means of ensuring permanent preservation is
to provide multiple layers of protection for conservation lands through third party
conservation easements, deed restrictions, and shared title; and
WHEREAS, the Board of County Commissioners has determined that the public
interest may be served in certain circumstances by allowing portions of lands acquired
through the Conservation Collier Program (Program) to be dedicated to other public uses
when such dedication results in an exceptional benefit to the Program; and
WHEREAS, the Board of County Commissioners has determined that an
exceptional benefit to the Program can only be ensured by requiring that all conveyances
of an interest in Program Lands be offset by: I) the acquisition and transfer of lands into
the Program and the permanent preservation of higher quality environmentally sensitive
lands, greenways or open space or water resource lands of greater acreage or more
suitable location than the interest in conservation lands conveyed, 2) payment, or 3) a
combination thereof; and
WHEREAS, the Board of County Commissioners has determined that it is
desirable to establish a public process and procedure for approving Other-use
Dedication(s) of Program Lands when such dedication(s) is necessary to the public
interest and results in an exceptional benefit to the Program.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Section 1. SHORT TITLE. INTENT. APPLICABILITY. AUTHORITY:
1.01 This Ordinance shall be known as the "Conservation Collier
Exceptional Benefits Ordinance."
1.02 It is the intent of this Ordinance to recognize that while the public
interest is best served when the Program Lands as defined in
subsection 2.01 are allowed to remain as conservation lands in
perpetuity, the public interest may also be served in certain
circumstances where portions of Program Lands, subject to
, 86
i
existing grant restrictions or partnership agreements, are dedicated
to other public uses thereby providing necessary public
infrastructure in addition to an exceptional benefit to the Program.
1.03 It is the intent of this Ordinance to recognize that Other-use
Dedications of portions of Program Lands that fail to result in an
exceptional benefit to the Program as defined in subsection 2.04
are not in the public interest and shall be prohibited.
1.04 It is the intent of this Ordinance to provide a process and
procedure whereby the Conservation Collier Land Acquisition
Advisory Committee (CCLAAC) can evaluate and make a
recommendation at a publicly-noticed meeting to the Board of
County Commissioners as to whether Other-use Dedications of
portions of Conservation Collier Lands provide an exceptional
benefit to the Program.
1.05 The provisions of this Ordinance apply to the Conservation
Collier Lands as defined in subsection 2.0 I.
1.06 It is the intent of the Board of County Commissioners that this
Ordinance be construed to ensure the long-term protection and
preservation of Conservation Collier Lands through the
application of the criteria contained herein.
1.07 This Ordinance is adopted under the authority of Chapter 125,
Florida Statutes. The County Manager, or his designee, shall
administer this Ordinance.
Section 2. DEFINITIONS:
2.01 Program Lands are those lands acquired in whole or in part from
funds obtained from the Conservation Collier Trust Fund as
allowed by Ordinance No. 2002-63, as amended, as well as lands
donated to the Conservation Collier Program.
2.02 Dedications (Other-use Dedications) means: 1) a conveyance of
fee simple interest of Program Lands or an easement interest in
Program Lands to an entity other than Collier County or 2) a
change of the primary use of the Program Lands from conservation
and preservation to some other use which benefits the public so
long as fee simple interest remains in favor of Collier County.
2.03 Interest in Program Lands means a fee simple interest, easement,
right-of-way, or a formal declaration of a use not initially intended
for the property acquired as conservation lands. Uses not initially
intended include, but are not limited to, utility systems and
facilities and roadways.
2.04 Exceptional Benefit to the Program means that the proposed
Other-use Dedications of portions of Conservation Collier Lands is
consistent with the goals, objectives and policies of the program
and is offset by the transfer into the Program of funds, land, or a
combination thereof that results in a greater value or acreage for
the Program.
Section 3. PROTECTION OF THE CONSERV A TION COLLIER
LANDS:
3.01 A governmental entity, including the County acting through one of
its departments, may request an Interest in Program Lands by
submitting a written petition to the County Manager or his
designee on behalf of the Board of County Commissioners.
3.02 The County Manager or his designee will bring the petition to the
CCLAAC who will evaluate and determine in a public forum
whether a potential Other-use Dedication of portions of
Conservation Collier Lands provides an Exceptional Benefit to the
Program prior to any disposition of Program Lands.
3.03 The Petition Form shall:
A. State the public purpose for which the Other-use Dedication is
being requested.
B. Provide a history and discussion of the alternatives to
requesting the specific interest in Program Lands and
demonstrate with supporting documentation as to why other
alternatives are not acceptable.
C. Demonstrate with supporting documentation that the requested
Other-use Dedications of portions of Program Lands takes the
minimum acreage and, to the maximum extent possible,
minimizes deleterious intrusion, preserves higher quality or
acreage of lands than those sought if a land exchange is being
offered, impacts the lowest quality habitat, and avoids habitat
fragmentation, noise and light pollution that would adversely
affect the adjacent remaining Program Lands.
D. Demonstrate with supporting documentation a substantial
public need for the particular interest in Program Lands
requested, why there are no acceptable alternatives to meet the
need, why the competing public use must occur at that
location, and how the Other-use Dedications of portions of
Program Lands will be offset to ensure an Exceptional Benefit
to the Program.
E. Demonstrate how the Other-use Dedications of portions of
Program Lands will not adversely affect any State or Federally
listed species.
F. Demonstrate that the proposed compensation meets the goals
and purposes of the Program and provides an Exceptional
Benefit to the Program.
G. Include the current value of the land to be acquired as
provided for in Section 4.02.
3.04 Prior to any action by the Board of County Commissioners
regarding the Other-use Dedications of portions of Program Lands,
the CCLAAC, or its successor(s), shall review and prepare
findings and recommendations on the proposed compensation
pursuant to Section 4 of this Ordinance to determine: 1) whether
any substitute lands offered meet the criteria for acquisition under
Ordinance 2002-63, as amended, Section 10; 2) whether the
substitute lands offered meet the purposes for which the affected
Program Lands were initially acquired; and 3) whether the
proposed compensation pursuant to Section 4 provides an
Exceptional Benefit to the Program. The CCLAAC shall make its
findings and recommendations no later than 90 calendar days after
receipt of the petition by the County Manager or his designee. If
the affected Program Lands are within municipal boundaries, the
petition for conveyance of an interest in Program Lands shall be
submitted for review by that municipality. The municipality shall
have 90 calendar days from receipt of the request by its mayor or
manager to provide comments and recommendations to County
Manager or his designee, who shall provide copies of the
comments and recommendations received from CCLAAC and the
applicable municipality to the Board of County Commissioners at
the public hearing where the petition for Other-use Dedications of
portions of Program Lands is being considered.
'86
I. 4 ,
, BG
'f '"
3.05 If the CCLAAC has been disbanded, the Petition will proceed
directly to the Board of County Commissioners and/or Mayor of
any affected municipality to request approval.
3.06 To recommend approval of the petition, the CCLAAC must
determine that:
A. There is a substantial public need for the Other-use Dedications
of portions of Program Lands; and
B. There is no viable or reasonable alternative to meet the need
other than the use of Program Lands; and
C. That the requested Other-use Dedications of portions of
Program Lands is the minimum acreage necessary and, to the
maximum extent possible, preserves higher quality or quantity
lands than those sought if a land trade is being offered, impacts
the lowest quality habitat, and avoids habitat fragmentation,
noise, and light pollution to the adjacent remaining Program
Lands; and
D. That the proposed compensation meets the goals and purposes
of the Program for acquisition and is sufficient to ensure that
the proposed conveyance will result in an Exceptional Benefit
to the Program; and
E. That the proposed conveyance of an interest in and use of
Program Lands does not adversely affect any State or Federally
listed species; and
F. That the findings in this subsection A. through E. are expressly
set forth along with the written commitment providing for
compensation.
3.07 If CCLAAC finds that the Petition fails to meet any of the
requirements of Section 3.06 of this Ordinance, the CCLAAC shall
recommend that the Board of County Commissioners disapprove
the petition.
3.08 The Petition shall be brought to the Board of County
Commissioners at a publicly-noticed meeting in order to review
and consider the recommendation of the CCLAAC and to
determine whether the criteria set forth in subsection 3.06, A-E of
this Ordinance has been met. An affirmative finding as to each
criterion is necessary for the Board of County Commissioners to
approve any Petition.
3.09 An affirmative vote of four-fifths of the full membership of the
Board of County Commissioners shall authorize an appropriate
conveyance of an interest in, or easement over, or declaration of
other public use, on lands held for the Program.
Section 4. COMPENSATION FOR INTERESTS IN PROGRAM
LANDS:
4.01 In order to ensure that the conveyance of an interest in Program
Lands results in an Exceptional Benefit to the Program, the
proposed conveyance must be offset by the acquisition and transfer
into the Program of land or payment of funds that satisfies the
definition of an Exceptional Benefit as stated in subsection 2.04 of
this Ordinance.
4.02 The value of the land to be acquired as compensation for the use of
Program Lands shall exceed the current value of the Program
Lands proposed for other use. The current value of the interest in
Program Lands shall be determined by the purchase policy as set
forth in Section II of Resolution 2003-195, and as superseded. If
the net value of the land to be acquired as compensation for the use
of Program Lands does not exceed the then current value of the
Program Lands proposed for other use, the difference shall be
made up monetarily, and those funds shall be remitted to the
Program.
4.03 Land or funds, or some combination of both, conveyed into the
Program shall exceed 100% of the value of lands or interest in
lands proposed for conveyance out of the Program. In valuing the
interest of Program Lands, the value of any development rights
originally purchased shall be included.
4.04 With exceptions as approved by the Board of County
Commissioners, if less than five (5) acres remam as Program
Lands; the entire parcel may be purchased.
4.05 Quality of habitat for land offered as compensation for
Environmentally Sensitive Lands as defined in Section 5.6 of
Ordinance, No. 2002-63, as amended, also known as the
Conservation Collier Ordinance, shall be determined by the rarity
and diversity of native ecosystems, function of the habitat in terms
of its ability to support wildlife, adjacency to or connectivity
between exiting Program Lands, and the presence of State or
Federally listed species. If the affected Program Lands are not
Environmentally Sensitive Lands, as defined in Section 5.6 of
Ordinance No. 2002-63, as amended, the land offered for
compensation pursuant to Section 4 of this Ordinance shall satisfy
or exceed the purposes served by the conveyed Program Lands
according to the acquisition criteria in Section 10 of Ordinance No.
2002-63, as amended.
4.06 Compensation pursuant to this Section shall be provided at the
time of Board approval of any Other-use Dedication or transfer of
interest in Program Lands.
4.07 The party acquiring the interest in Program Lands shall be
responsible for all associated costs, including but not limited to,
costs of appraisals, environmental surveys, boundary surveys,
documentary stamps, costs of recording, title commitments and
title insurance. These costs are not deemed to be part of the
Exceptional Benefit valuation.
Section 5. EXEMPTIONS:
The following circumstances shall be exempt from the foregoing process
as set forth in Sections 3 and 4 of this Ordinance.
5.01 Conveyance of an interest in Program Lands where the affected
Program Lands will benefit by providing public access where there
was previously no reasonable public access.
5.02 Conveyance of an interest in Program Lands at the time of, and as
part of, the acquisition process is exempt from this Ordinance.
5.03 Conveyance of a conservation easement to a government or a non-
profit conservation organization for the purpose of permanent
preservation is exempt from this Ordinance.
Section 6. 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
phase, or portion of the 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 remainder portion.
,
8G
r
, 8G
Section 7. INCLUSION IN THE CODE OF LAWS AND
ORDINANCES:
The provisions of this Ordinance shall become and be made a part of the
Code of Laws and Ordinances of Collier County, Florida. The sections of
the Ordinance may be renumbered or re-Iettered to accomplish such, and
the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
Section 8. EFFECTIVE DATE:
The provisions of this Ordinance shall become effective upon filing with
the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
_ t#I
Collier County, Florida this .;< ~ day of NOIjE.'/ilff,r2006.
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
t"A- r/~. /\
~~tetb(
Deputy Clerk
l , Attest n to Cha1 run 'S
4j 1 aM~tllr~ 001v
Approved as to Form and Legal Sufficiency:
By:
~~~8./
FRANK HALAS, Chairman
~0k?, ~.L---'
Jennifer A. Belpedi
Assistant County Attorney
86'1
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2006-58
Which was adopted by the Board of County Commissioners
on the 28th day of November, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
day of November, 2006.
DWIGHT E. BROCK .' , '0'
Clerk of Courts and Clerk: 0,
Ex-officio to Board of
County Commission#rs \;
.,'
'"
~ h~e-~-~
By: Ann Jennej ohn, '.~. ,J<;) l)h'J('
Deputy Clerk
1II~~..JI
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc.)
************************************************************************************************
81
Originating DeptJ Div: Comm.Dev.Serv./ Planning Person: Melissa Zone
Date:
Petition No. (If none, give brief description): PUDEX-2006-AR-9610, Terafina PUD
Petitioner: (Name & Address): Hole Montes, Inc., 950 Encore Way, Naples, FL 34110
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC
BZA
Other
Requested Hearing date:
11/14/06 Based on advertisement appearing ~ days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size): Petition: PUDEX-2006-AR-9610, G.L. Homes of
Naples II Corporation, represented by Robert Duane, of Hole Montes, is requesting two 2-year PUD Extensions for the
Terafina PUD (Ordinance 04-15) which is scheduled to sunset on March 9, 2007. The subject property, consist of 636.8 acres
and is located 1 mile north of Immokalee Road, north of the Olde Cypress PUD; and east of Quail Creek, in Section 16,
Township 48 South, Range 26 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-138312-649110
No If Yes, what account should be charged for advertising costs:
Reviewed by:
Approved by:
.lcL ',--L~.-, \...r)-) ,....i...L.k:,:. /v..." .:;f--
.-Department Head
i I
i () ,/..j / C~C~,
Date I
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or
request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will
distribute copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received: 10/5/ Dip Date of Public hearing: I{!tt/()~
I f I '
Date Adv,rti"d, 1D~9jot;..
.."'..I..~....'.................
'\":;).~.
,.\:~.~
"\\,
:;1
'I
RESOLUTION 06-
~..~~ ~i
()Ii
- ,
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
PURSUANT TO SECTION 10.02.13.D. OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE REQUESTING TWO 2- YEAR PUD
EXTENSIONS FOR THE TERAFINA PUD (ORDINANCE 04-15)
WHICH IS SCHEDULED TO SUNSET ON MARCH 9, 2007,
EXTENDING THE CURRENT Pun APPROVAL TO MARCH 9,
2011; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Terafina pun, Ordinance 04-15 adopted on March 9, 2004, is subject to the provisions
of Section 10.02.13.D., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts
together with their respective Master Plans; and
WHEREAS, the Terafina Pun was adopted consistent with and under the provisions of the Collier
County Growth Management Plan; and
WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined two 2-year
PUD Extensions for the Terafina PUD (Ordinance 04-15) which is scheduled to sunset on March 9,
2007, until March 9, 2011; and
NOW, THEREFORE BE IT RESOLVED By The Board of Zoning Appeals of Collier County, Florida,
that:
1. The above recitals are adopted herein by reference as if fully set forth herein.
2. This Resolution shall constitute evidence of compliance with the review requirements of
Section 10.02.13.D. of the LDC.
3. Pursuant to said section of the LDC, the current Pun approval is hereby extended to March
9, 2011; at the end of which time the owner shall submit to the procedures in LDC Section
lO.02.13.D.
This Resolution shall become effective immediately upon its approval.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the
records of the Petition for which the extension is granted.
This Resolution adopted after motion, second and majority vote.
Done this
day of
,2006.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
81
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesday, November 14, 2006 in the
Boardroom, 3rd Floor, Administration Building, Collier County Government
Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at
9:00 A.M.
The Board will consider Petition PUDEX-2006-AR-9610, G.L. Homes of Naples
II Corporation, represented by Robert Duane, of Hole Montes, is requesting
two 2-year PUD Extensions for the Terafina PUD (Ordinance 04-15) which is
scheduled to sunset on March 9, 2007. The subject property, consists of
636.8 acres and is located 1 mile north of Immokalee Road, north of the
Olde Cypress PUD; and east of Quail Creek, in Section 16, Township 48
South, Range 26 East, Collier County, Florida.
NOTE: All Persons wishing to speak on any agenda item must register with
the County Administrator prior to presentation of the agenda item to be
addressed. Individual speakers will be limited to 5 minutes on any item.
The selection of an individual to speak on behalf of an organization or
group is encouraged. If recognized by the Chair, a spokesperson for a
group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board
agenda packets must submit said material a minimum of 3 weeks prior to the
respective public hearing. In any case, written materials intended to be
considered by the Board shall be submitted to the appropriate County staff
a minimum of seven days prior to the public hearing. All material used in
presentations before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record
of the proceedings pertaining thereto and therefore, may need to ensure
that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
lJ'
d
October 5, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Notice of Public Hearing to Consider Petition
PUDEX-2006-AR-9610, Terafina PUD
Dear Legals:
Please advertise the above referenced petition on Sunday, October 29, 2006, and
kindly send the Affidavit of Publication, in duplicate, together with charges involved
to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O.lAccount # 113-138312-649110
8 ,
October 5, 2006
Robert Duane
Hole Montes, Inc.
950 Encore Way
Naples, Florida 34110
Re: Notice of Public Hearing to Consider Petition
PUDEX-2006-AR-9610, Terafina PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 14,2006 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, October 29, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
.rJ.;
". v I
Martha S. Vergara
From:
Sent:
To:
Subject:
ClerkPostmaster
Thursday, October 05, 2006 4:28 PM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT3863118.txt; Ad-PUDEX-2006-AR-9610-Terafina PUD
i.~-
l::I
r:::-:71
U
ATT3863118.txt Ad-PUDEX-2006-AR
(231 B) -9610-Terafina...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but. the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
.
81
Martha S. Vergara
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Thursday, October 05, 2006 4:28 PM
Martha S. Vergara
Delivered: Ad-PUDEX-2006-AR-9610-Terafina PUD
Attachments:
Ad-PUDEX-2006-AR-9610-Terafina PUD
r:::-~;l
U
Ad-PUDEX-2006-AR
-9610-Terafina...
<<Ad-PUDEX-2006-AR-9610-Terafina PUD>> Your message
To: legals@naplesnews.com
Subject: Ad-PUDEX-2006-AR-9610-Terafina PUD
Sent: Thu, 5 Oct 2006 16:27:45 -0400
was delivered to the following recipient(s):
legals, NDN on Thu, 5 Oct 2006 16:27:56 -0400
1
Page 1 of 1
f
",",,\ J"
0" '"I
"
" ,
Martha S. Vergara
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Thursday, October 05,20064:46 PM
To: Martha S. Vergara
Subject: RE: Ad-PUDEX-2006-AR-961 O-Terafina PUD
OK
From: Martha S. Vergara [mailto:Martha,Vergara@c1erk.collier.f1,us]
Sent: Thursday, October 05,20064:28 PM
To: legals@naplesnews.com
Subject: Ad-PUDEX-2006-AR-9610-Terafina PUD
Pam,
I have more ads for you.
Thanks
Martha
10/5/2006
Page 1 of 1
81
Martha S. Vergara
From:
ZoneMelissa [MelissaZone@colliergov.net]
Tuesday, November 21,20063:28 PM
Bedtelyon, Linda; Bellows, Ray; Brock, Mary; Carrel Danelle; CasalanguidaNick; Feder_N;
Filson, Sue; hoffmaneleanor; Johnson, Connie; Klatzkow, Jeff; LeaSandra; Martin, Cecilia;
Minutes and Records; Murray, Susan; Phillips, Sharon; RamirezHeather; Student, Marjorie
Cc: SchmittJoseph; Mudd, James
Subject: PUDEX-2006-AR-9610 Terafina PUD
Attachments: MZ 061121 req 2nd hear extension.pdf
Sent:
To:
The applicant is requesting to continue the scheduled November 28, 2006 BCC hearing on petition PUDEX-2006-
AR-9610 Terafina PUD. The letter that is attached to this email asserts that the applicant does not have a specific
date as to when they would like to have the new hearing date_ I will contact all the appropriate County staff when
I receive further information about a new hearing date.
If you have any further questions please contact me 50 that I can answer any concerns
Melissa Zone
Principal Planner
Department of Zoning & Land Development Review
2800 N. Horseshoe Dr.
Naples, FL 33104
239-213-2958
11/21/2006
81
HJVI
HOLE MONTES
ENGII&RS' PlMIRS' SlMYCRS
lNGlCN'EMDIIB:I\R
~__..~...._.._.,.~,_...,w..",,~,~_^>.,.,.....,.,_,__, . ",~_."W<~""W__^_' u,___~""_""__,_""__,_,_,,,,~<~_,,,,,_",'M~_~.....~.,~,w_'__,<<"<<,....'M__~'~.,.,,.._.____~,,<<<~,y...;._...m
111!0 Encln WIJ...... F1artdI34110' PIlanI: 231.254.2Ol1O' Fa 231.254.2Oll8
November 21. 2006
Ms. Melissa Zone
Collier County Government
Community Development Services
2800 North Horseshoe Drive
Naples. Florida 34104
RE: Terafina PUD
PUDEX-AR-9610
HM File No. 1995.087
Via Email and Facsimile
Dear Ms. Zone:
I would like to continue the TeratinalSatumia Falls zoning extension hearing from the
November 28th BCC hearing to an unspecified date that I will confirm to you and the
BCC shortly. We will provide for any additional costs associated with advertising.
Should you have any questions or concerns regarding our request, please contact me.
ThanIc you.
Very truly yours,
HOLE MONTES, INC.
/40~
Robert L. Duane. A.I.C.P.
Planning Director
RLD/acd
cc: Kevin Ratteree via email
Joe Schmitt via email
Jim Mudd via emall
H:\I995\199SOI7\~ TcnfIna Ex1alIioa\ml 061121- Rll(.bcc ~ ~1H1r.doc:
..... . Fort Myen . VeIite
8 ,
(i \'Ctk~ \.. Ci.J "nt\-.:i\, ~ ('. s.....~.l.
(Signaturc of notary public)
. ,,,:-:'<: i;i~%:\ Chanel A McDonald
;:~~. i"~ MV COMMISSION # DD210203 EXPIRES
")i'~~' June 29, 2007
"",,9r::ni"" BONDED THRU TROY FAIN INSURANCE, INC
1111':....
. .;....IU..
PUbU~~R"10
NOTICE OF
PUBLIC H~tNG
~tlce ~y IIlven
'!e~~ ..lt~~:ne~:
.;; Co ll.r .,.ounty will
hol aulUlcihearlng
oj,..November
1'4, . tile _\lard-
reom ... Floor; Ad-
mlnlstrat BuUdlng.
COllier county Govern.
.....,,}. <ienter. ~;'Ol ~ast
Tam ami Trail. Nal>>.es.
Florid... The meeting
wlllbeOln~9:OQ A,M,.
~eeoardwlll consid-
er P_tltlon PlJOU-
200/i-AR.9610. G.l.
Homes of Naples II
,corporation, lepre-
sen.ted brm. ~obert
Duane, of. e.ontes.
1'$ reques Ing two 2-
r:ralu:;.u:~~~:il~~51:8~
<ordinance 04-15)
which Is scheduled to
sunset on March 9,
2 0 07 . T!:u! .su.bJj!c t
~, c\mli$ts-Of
636:8 acres and. Is 10'
cated 1 mile north of
Immokalee Road, north
of the Olde Cy-prells
puD; and east 01 Quail
~~W~~Jrp$fit~o"ul~:
Ran,.2Slut.-colller
County, Florida,
NOTl: All. Persons
:ijM~W~~~!
ty Admlnlstrater .frlor
to PleMntatlon o. the
~en~ Item to be ad.
dressed. Indlll-Iduat
speakers will be
Ilt'nited to 5 minutes on
any Item. The selec.
tlpn of an individual to
speal<on bell",'.o.f an
organtntlon or · group
15 enCQuraged. If rec.
ognl~ed by the Chair, a
spokup.ersolf fOI a
group oroganlzatlon
may be .1I11Jted 10
minutes to speak on
an Item.
Person.1 ~15hlnCl to
have. written. ,q. r.graph-
Ic .m als Included
In thaJd agenda
pat s.ubmlt
sa ..t.a!TIln-
Im.eilk5- prior
to .. ttVe pub,
11c:. ..at ng. InanYI
ca...~en materials'
Intended to be consid-
ered by the eo. ard shall
Ite .w.",IUII" ta Ute
approp,rlate County
staff a minimum of
seven c;Iay$ Prlpr to the
public hWlIlCl. . All ma-
terial U5ed. In. presenta.
tlons ltefore to 8o.rd
will become... perma.
nent p.rt .of the re.
cord.
Any persOnwt\o' decid.
es . to. &DAllal.... d.'ecI510n
of the lJoar.. wl,lI. need
a record of th" pro.
ceedlng,. ert.,lft\ng
ther tllerefore,
may. . .enSure
that. 4 record
of t~' Is
mad4li .In-
clud... ony
and. ,,,,neC.iupon
whiCh the alii'." I Is
based.
BOARD OF COUNTY
COM~ONiRS
COLLURCOlJ'HTV .
FlORIOA' ,.\
t.~~N~' HALAS.,C)f~IR.
&':d,..t;,~, '~~\)(:l( .
=~~,:a Verga.ra.
~_~ _ No. 1455227
NAPLES DAILY NEWS
Published Daily
Naples. FL 3-+ 102
Affidavit of Publication
State of Florida
County of Collier
Bcforc the undcrsigncd they senc as thc authority. pcrsonally
appcarcd B. Lamb. who on oath says that they
servc as thc Assistant Corporatc Sccrctary of thc Naplcs Daily.
a daily ncwspapcr publishcd at Naples. in Collier County.
Florida: distributcd in Collicr and Lcc countics of Florida: that
the attachcd copy of thc advcrtising. bcing a
PUBLIC NOTICE
in the mattcr of PUBLIC NOTICE
was published in said ncwspapcr 1 time in the issuc
on Octobcr. 29th
Amant further savs that the said I'\aples Dail\ '\ ews is a newspaper
puhlishcd at '\apks. in said Collicr County. Florida. and that the said
newspaper has heretofore heen continuously puhlished in said Collier
Count". Florida. distrihukd in C,)llier and Lee countie" of Florida.
(:ach day anu has hcc.:n l.:nle1"l.::d as second class rnail t11atter at the po~t
ofliee In '.apks. in ,",,! Coiller County. [.Ion"a. lilr a period of 1
year ne.o:t preeedl1lg tile li,.e;! PllbIleation of the attached copy of
advertisemcnt; and anian! f1111her sa, s that he ha" neithl'f paid nor
promised anY person, linn or corporation any discount. rehate.
commission or rcllmd for the purpose of securing this advertisement for
puhIleation in the said newspaper
I.~
( Signaturc of affiant)
Sworn to and subscribed bcforc mc
This 2')lh day of Octobcr 20()()
FE! 59-257Xl27
~1B
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oftice. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #1 through #4, comnlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400
Contact Collier County Attorney's Office
Agenda Date Item was November 28,2006 Agenda Item Number 9B
Approved by the BCC
Type of Document Resolution N umber of Original 1
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of ur deadlines!
The document was approved by the BCC on I nter date) and all changes
made during the meeting have been incorporate in t e attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/ A (Not
A licable)
2.
3.
4.
5.
6.
@
N/A
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date:
December 5,2006
To:
Kay Nell, CLA
County Attorney's Office
From:
Teresa Dillard, Deputy Clerk
Minutes and Records
Re:
Resolution(s) 2006-313 and 2006-314
Enclosed please find one (1) copy of the document, as referenced
above (Agenda Item(s) #9B, and #9C) adopted by the Board of County
Commissioners on Tuesday, November 28, 2006.
If you should have any questions, you may contact me at 774-8411.
Thank you,
Attachments (4)
an
.I ~~1
L'
RESOLUTION NO. 2006-313
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COllIER COUNTY TO APPOINT
WIllIAM F. RAFElDT TO THE ISLES OF CAPRI FIRE
CONTROL DISTRICT ADVISORY COMMITTEE.
WHEREAS, Collier County Ordinance No. 78-49 created an advisory committee for
the Isles of Capri Fire Services Tax District; and
WHEREAS, Ordinance No. 78-49 provides that the advisory committee shall consist
of three to five members; and
WHEREAS, there are currently vacancies on this Committee; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Isles of Capri Fire Control District Advisory Committee has provided
the Board of County Commissioners with its recommendation for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that William F. Rafeldt, who resides within the District,
meets the prerequisites for appointment and is hereby appointed to the Isles of Capri
Fire Control District Advisory Committee for a 2 year term, said term to expire on
December 31, 2008.
This Resolution adopted after motion, second and majority vote.
DATED: November 28, 2006
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:~~~
FRANK HALAS, Chairman
,/ .
, ,
Approved as to form and
legal sufficiency:
.. J/h!~ (l~
Michael W. Pettit
Chief Assistant County Attorney
Ilt,.'mf!..."~~L6~~-
I :..'''' IL~~
j ; 'it,; /2- r-IlYo
I ;i:i .___~E_
~.._'" "., '.........." J._~
"~
9C
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Ofiice. The completed routing slip and original
documents are to be forwarded to the Board Ofiice only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. Ifthe document is already complete with the
excePtion of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCe Chairman's signature are to be delivered to the BCC ofiice only after the BCC has acted to approve the
item.)
Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400
Contact Collier County Attorney's Office
Agenda Date Item was November 28, 2006 Agenda Item Number 9C
Approved by the BCC
Type of Document Resolution Number of Original 1
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal suffIciency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware 0 ur deadlines!
The document was approved by the BCC on / enter date) and all changes
made during the meeting have been incorporate in t e attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/ A (Not
A licable)
2.
3.
4.
5.
6.
cY
NIA
tJ)
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
o
,
MEMORANDUM
Date:
December 5,2006
To:
Kay Nell, CLA
County Attorney's Office
From:
Teresa Dillard, Deputy Clerk
Minutes and Records
Re:
Resolution(s) 2006-313 and 2006-314
Enclosed please find one (1) copy of the document, as referenced
above (Agenda Item(s) #9B, and #9C) adopted by the Board of County
Commissioners on Tuesday, November 28, 2006.
If you should have any questions, you may contact me at 774-8411.
Thank you,
Attachments (4)
: {1 '1
.t 0
RESOLUTION NO. 2006-314
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT ROBERT DAVID
VIGLIOTTI TO THE COLLIER COUNTY BUILDING BOARD OF
ADJUSTMENTS AND APPEALS
WHEREAS, Ordinance No. 04-41, The Land Development Code, provides that the
Collier County Building Board of Adjustments and Appeals shall be composed of five (5)
members and is established for the purpose of providing a decision-making body
through which an owner of a building or structure may appeal the rejections or refusal
of the Building Official to approve the mode or manner of construction proposed to be
followed or materials to be used in the erection or alteration of that building or
structure; and
WHEREAS, there is currently a vacancy on this board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Robert David Vigliotti meets the
prerequisites for appointment and is hereby appointed under the category of Plumbing
Contractor to the Building Board of Adjustments and Appeals to fulfill the remainder of
the vacant term, said term to expire on August 9, 2009.
This Resolution adopted after motion, second and majority vote.
DATED: November 28, 2006
ATTEST:
DWIGFiTE~ BROCK, Clerk
i'~~k
., .... .'
Il.t.. '" <: .,. t ..pl<ll::luhi /";L:.rL-1 .
('I ... \.o\."i ~~ i,. .if 'i:f.I:1 1~":.J..:I1f:m.Of .~
10 1 q;H':;jr'~ ';' ': '!
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ....?.>~
FRANK HALAS, Chairma. -----
Approved as to form and
legal sufficiency:
vv~ l/'- vii
Michael W. Pettit
Chief Assistant County Attorney
90
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be h.md delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. Ifthe document is already complete with the
exceotion of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one ofthe addressees above, including Sue Filson, need to contact staff for additional or missing
information, All original documents needing the BCC Chairman's signature are to bc delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400
Contact Collier County Attorney's Office
Agenda Date Item was November 28, 2006 Agenda Item Number 9D
Approved by the BCC
Type of Document Resolution Number of Original 1
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4.
5.
6.
w
N/A
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.0304, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date:
December 11, 2006
To:
Kay Nell, CLA
County Attorney's Office
From:
Teresa Dillard, Deputy Clerk
Minutes and Records
Re:
Resolution 2006-315
Enclosed please find one (1) copy of the document, as referenced
above (Agenda Item #9D) adopted by the Board of County Commissioners
on Tuesday, November 28, 2006.
If you should have any questions, you may contact me at 774-8411.
Thank you,
Attachments
f 9n
RESOLUTION NO. 2006-315
90
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT WILLIAM DEYO
TO THE IMMOKALEE BEAUTIFICATION ADVISORY
COMMITTEE.
WHEREAS, on October 22, 2002, the Board of County Commissioners adopted
Collier County Ordinance No. 2002-52 establishing the Immokalee Beautification
Advisory Committee; and
WHEREAS, Collier County Ordinance No. 2002-52 provides that the Advisory
Committee shall be composed of five (5) members; four (4) members who permanently
reside within the Immokalee Beautification Municipal Services Taxing Unit (MSTU), and
one (1) owner of residential or commercial property within the MSTU; and
WHEREAS, there is currently a vacancy on the Committee for the residential
category; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested; and
WHEREAS, the Immokalee Beautification Advisory Committee has provided the
Board of County Commissioners with its recommendation for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, that William Deyo is hereby appointed to the Immokalee
Beautification Advisory Committee to serve a 4 year term, said term to expire on
September 23, 2010.
This Resolution adopted after motion, second and majority vote.
DATED: November 28, 2006
AlTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~.,"'i~~k
, ".. Deputv t':terk-
':attest as ~~:O' q'lJ ,A'ndO S
':" , "", "
.'~~I~U~. .Of' .1'11
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...,..:;;o,">~
By: --=...-,,,,~ .-'"
FRANK HALAS, Chairman
Approved as to form and
legal sufficiency:
~' W
~~
avid C. Weigel
County Attorney
,'~..n._.."_"_~ ~~
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,.w<..".,. ':_'"",""",;,,t.~_ _....."ur.:-'''''~.....~a,..-c~~J
IDA
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board OffICe. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item. )
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's sismature, draw a line through routing lines # I through #4, complete the checklist and fOlward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. NOlmally the primary contal~t is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees ahove, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chainnan's signature are to he delivered to the BCC office only alter the BCC has acted to approve the
item.)
Name of Primary Staff Cormac Giblin Phone Number 403-2336
Contact
Agenda Date Item was 11-28-06 Agenda Item Number lOa
Approved by the BCC
Type of Document Resolution Number of Original I
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on 11-28-06 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
N/A (Not
A licable)
'. )b
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10
RESOLUTION NO. 2006- 312
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
ENDORSING MDG CAPITAL CORPORATION'S
APPLICATION TO THE STATE OF FLORIDA FOR
COMMUNITY WORKFORCE HOUSING INNOVATION
PILOT (CWHIP) PROGRAM FUNDING.
WHEREAS, the 2006 Florida Legislature passed House Bill 1363 (Ch. 2006-69, s. 27,
Laws of Fla.), a housing bill focused on addressing some of the affordable housing challenges
the State currently faces; and
WHEREAS, HB 1363 includes $50 million for an affordable housing pilot program
called the Community Workforce Housing Innovation Pilot Program (CWHIP); and
WHEREAS, the Florida Housing Finance Corporation will administer CWHIP, and
these funds will be awarded on a competitive basis through a Request for Proposals (RFP)
process to public-private entities seeking to build affordable housing for Florida's workforce;
and
WHEREAS, CWHIP promotes the creation of public-private partnerships to finance,
build and manage workforce housing and requires the coordinated efforts of all levels of
government as well as private sector developers, financiers, business interests and service
providers; and
WHEREAS, CWHIP encourages the pooling of local resources, local regulatory
incentives, including land use strategies and non-traditional sources of local funding; and
WHEREAS, the CWHIP program is available to projects in high cost counties, high
growth counties, and counties willing to make regulatory changes and financial investments in
affordable housing; and
WHEREAS, Collier County has been designated by the State of Florida as both a high
cost and high growth county; and
WHEREAS, a public-private partnership has been established in Collier County for the
purposes of applying for CWHIP funding and developing affordable housing; and
WHEREAS, this public-private partnership includes the School District of Collier
County, the Collier County Sheriff's Office, the City of Naples, NCH Healthcare System, Inc.,
Health Management Associates, and MDG Capital Corporation, and these entities
collaboratively call themselves the ESP (Essential Services Personnel) Group; and
WHEREAS, MDG Capital Corporation has agreed to apply for CWHIP funding for and
on behalf of the ESP Group; and
WHEREAS, the ESP Group has agreed to seek to build an affordable housing
development that would include 100 rental units and 50 owner-occupied units that will be made
available to employees of the ESP Group who are between 60% and 140% of area median
income (adjusted for family size); and
WHEREAS, it is a requirement of the CWHIP program that the application be endorsed
by the local county; and
Page 1 of 2
*** OR: 4146 PG: 3252 ***
WHEREAS, the ESP Group made a presentation to the Collier County Affordable
Housing Commission on November 9, 2006, and the Affordable Housing Commission voted
unanimously to recommend that the Board of County Commissioners support and endorse this
CWHIP application; and
WHEREAS, it is understood that endorsement of any CWHIP application by the Board
of County Commissioners does not favor, prejudice, circumvent, or preclude any future
development approvals that may be sought or needed for the project; and
WHEREAS, MDG Capital Corporation on behalf of the ESP Group requests that Collier
County Board of County Commissioners officially endorse their plans to apply for CWHIP
funding from the State of Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
lOA
1. The Board of County Commissioners of Collier County does hereby endorse
MDG Capital Corporation's plans to apply for CWHIP funding on behalf of the ESP Group.
2. This Resolution shall be recorded by the Clerk of Courts in the Public Records of
Collier County, Florida.
This Resolution adopted this ~-.:,~ day of November, 2006, after motion, second
and majority vote favoring same.
A TTijST:l.:'.,
DWIGHT E. BROCK, CLERK
, "
~wJA~k
At . ...).:to.Ch4In~n ~eputy Clerk
11gnattN ,'Oftl"
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~.;:-~
FRANK HALAS, Chairman
Klatzkow
Assistant County Attorney
Page 2 of 2
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Item 10-8
From Maura Ingegneri
Adult Softball/Soccer VS Youth Little League
November 28 Hearing Notes
to 0
6Lc..-- iZ..
III zG>}w
11:'s)" fA.
First I would like to start by summing up our position stated in the October 24th Public
Petition Hearing. Veterans Community Park needs to be converted and dedicated to
youth sports as follows:
(2) Lighted Little League Fields
(1) Lighted Girls Softball Field
(1) Lighted Regulation Baseball Field
The monitors around the room will point out the inequities that were magnified with the
development of North Collier Regional Park, along with problems associated with North
Naples Little League being the only league in Collier County without a park or central
home. Please note that the three major parks have a total of 10 softball fields, 13 soccer
fields, and no little league baseball fields.
Today, I would like to point out some misconceptions and misguided thoughts that
appear to exist within Collier County Parks and Recreation.
First and foremost, the proposed conversion of Veterans Community Park will serve the
needs of many within the Collier Community, not just the participants of North Naples
Little League. True, it would give the Little League back its home it once had, but more
than that it would create for the Little League Majors level in Collier County a home for
tournaments. Collier County does not have that now. It is available in San Carlos, at
Three Oaks Park, where both taxes and impact fees are lower.
Veteran's conversion would also allow the many Collier youth travel baseball teams that
play year round to host events every other week or so. Currently they are forced to travel
to other counties every week because Colliers does not have the fields available for them.
Lastly, it will be a place where dads and their sons or a group of friends can get together
just to play baseball.
Second, Collier Park and Recreations idea of multi field usage is not a working concept,
it's a poor defense for not having addressed the male youth in the Parks System. True,
they can play on softball fields, but softball can also be played on baseball fields. In fact
in a recent meeting with Collier County Parks and Recreation officials, Dr. David Ball of
Girls Little League softball had indicated that they had played on little league grass fields
in the past. Incidentally, in that same meeting, Dr. Dave indicated that the conversion of
two fields for boys Little League at Veterans posed no inconvenience or threat to the
operations of their girl's softball league at Veterans.
This brings me to my third point which is Collier's reason for not yet endorsing our
position. Holding onto these fields for softball has nothing to do with Collier youth or
the community itself. Major adult softball tournaments can require up to eight fields.
Barry Williams did indicate himself that it would be possible for the county to co host
with Lee County. I suggested they use Vineyards, Max Hasse or Golden Gate to arrive at
the eight they may require for such a tournament.
Instead we are here right now because Collier Parks wants eight fields for Adult Softball
close together in our parks before little league gets these two contiguous fields at
Veterans Community Park. This precludes Collier County from being able to host any of
the early rounds in World Series of Little League tournament or any other major level
little league tournament. The prestige of the World Series of Little League is evidenced
by its prime time stature on ESPN network. More importantly the effect trickles down,
meaning that Collier youth travel teams, dads and their sons and friends have to suffer
because Collier Adult softball may have a tournament that requires eight fields.
The mindset of Collier Parks and Recreation here leads right to the crux of their
argument. Specifically, Parks and Recreation contends that one softball tournament can
bring in travel teams that inject millions into the local economy. If this over zealous
exaggeration were true, I would think North Collier Regional Park would have been
financed with tourism tax revenues as opposed to using the impact fees paid by Collier
County residents. If this was the purpose of the park, perhaps tourism tax revenues could
provide a rollback or rebate to the people of Collier County. Parks and Recreation has
already indicated that they hope the water park is used by visitors from all over as a
tourist attraction. Exactly why was North Collier Regional Park funded with impact fee
monies? Shouldn't a park funded with impact fee monies benefit the people in the
communities around it? Even though Parks and Recreation has created a $60 million
park that should have been funded through tourism tax revenue, we would be able to
swallow this if you converted the fields as it is proposed here today.
I also think it is safe to say a little league travel team tournament on two fields could have
the same or greater economic impact as an adult softball tournament requiring four fields.
Every time a nine year old travels to another county he has his mom and dad
accompanying him. That's not happening in an adult tournament.
But the economics of the Parks shouldn't be the issue. The people whose sons play in
little league have already contributed in the form of taxes and/or impact fee payments.
We still don't know how many softball players are residents or property owners and have
paid impact fees as Parks and Recreation has yet to make applicant information available.
We need to put the Community back in Veterans Community Park. A Community Park
focused on kids serves as an anti drug. When I ask my son who his friends are, I know
their names. Organized athletics serves as a well of self esteem for kids. A youth
oriented Community Park helps strengthen the concept of athletic activities with our
children at a young age. It sends a message to parents and kids that the county is behind
them, unlike the "you come after we make a buck message that is sent with multi field
defense. In short, it sends the message that Parks and Recreation has captured in their ad.
Only this time it won't be a lie.
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RESOLUTION NO. 2006- 316
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AUTHORIZING THE BORROWING OF NOT
EXCEEDING $32,900,000 FROM THE POOLED
COMMERCIAL PAPER LOAN PROGRAM OF THE
FLORIDA LOCAL GOVERNMENT FINANCE
COMMISSION PURSUANT TO THE TERMS OF THE
LOAN AGREEMENT BETWEEN THE COMMISSION
AND THE COUNTY IN ORDER TO REFINANCE A
PORTION OF A LOAN PREVIOUSL Y MADE TO
FINANCE THE ACQUISITION OF CERTAIN LAND
WITHIN THE COUNTY, INCLUDING LAND USED AND
REFERRED TO AS CARIBBEAN GARDENS;
AUTHORIZING THE EXECUTION OF A LOAN NOTE
OR NOTES TO EVIDENCE SUCH BORROWING;
AGREEING TO SECURE SUCH LOAN NOTE OR NOTES
WITH A COVENANT TO BUDGET AND APPROPRIATE
LEGALL Y AVAILABLE NON-AD VALOREM
REVENUES AS PROVIDED IN THE LOAN
AGREEMENT; AUTHORIZING THE EXECUTION AND
DELIVERY OF SUCH OTHER DOCUMENTS AS MAY
BE NECESSARY TO EFFECT SUCH BORROWING; AND
PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION 1. DEFINITIONS. Unless the context of use indicates another
meaning or intent, the following words and terms as used in this Resolution shall have the
following meanings. Capitalized terms not defined herein shall have the meanings
ascribed thereto in the hereinafter defined Loan Agreement.
"Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter
163, Florida Statutes, and all other applicable provisions of law.
"Additional Payments" means the payments required to be made by the County
pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement.
"Board" means the Board of County Commissioners of the County.
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"Chairman" means the Chairman or Vice Chairman of the Board, and such other
person as may be duly authorized to act on his or her behalf.
"Clerk" means the Clerk of the Circuit Court for the County, ex-officio Clerk of
the Board, and such other person as may be duly authorized to act on his or her behalf.
"Commission" means the Florida Local Government Finance Commission, and
any assigns or successors thereto.
"County" means Collier County, Florida, a political subdivision of the State of
Florida.
"County Administrator" means the County Administrator of the County or his
designee and such other person as may be duly authorized to act on his or her behalf.
"Designated Revenues" means (1) Public Agency Moneys budgeted and
appropriated for purposes of payment of the Loan Repayments and any other amounts
due under the Loan Agreement, and (2) the proceeds of the Loan pending the application
thereof.
"Draw" means the borrowing of money under the Loan Agreement in accordance
with Article III thereof.
"Loan" means the loan to be made by the Commission to the County from
proceeds of the Series A Notes in accordance with the terms of this Resolution and of the
Loan Agreement.
"Loan Agreement" means the Loan Agreement, dated as of April 12, 1991,
between the County and the Commission, as amended and supplemented and as the same
may be further amended and supplemented.
"Loan No. A-32-1" means the Loan designated as "Loan No. A-32-1" the
proceeds of which were used to finance a portion of the costs of Project A-32.
"Loan No. A-32-2" means the Loan designated as "Loan No. A-32-2" the
proceeds of which shall be used to refinance a portion of Loan No. A-32-1.
"Loan Note" means a note of the County evidencing the obligations incurred
under the Loan Agreement by the county on account of a Draw made in regard to a Loan,
which shall be in substantially the form provided in Exhibit I to the Loan Agreement.
"Loan Rate" has the meaning set forth in the Loan Agreement.
"Loan Repayments" or "Repayments" means the payments of principal and
interest at the Loan Rate on the Loan amounts payable by the County pursuant to the
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prOVISIOns of the Loan Agreement and all other payments, including Additional
Payments, payable by the County pursuant to the provisions of the Loan Agreement.
"Non-Ad Valorem Revenues" means all legally available revenues of the County
derived from any source whatsoever other than ad valorem taxation on real and personal
property, which are legally available to make the Loan Repayments required in the Loan
Agreement, but only after provision has been made by the County for the payment of
services and programs which are for essential public purposes affecting the health,
welfare and safety of the inhabitants of the County or which are legally mandated by
applicable law.
"Program" means the Pooled Commercial Paper Loan Program established by
the Commission.
"Project A-32" means the acquisition of certain land within the Public Agency,
including land used and referred to as Caribbean Gardens, as more particularly set forth
in the plans and specifications on file or to be on file with the County and as the same
may be amended or modified from time to time.
"Public Agency Moneys" shall mean the moneys budgeted and appropriated by
the County for payment of the Loan Repayments and any other amounts due hereunder
from Non-Ad Valorem Revenues pursuant to the County's covenant to budget and
appropriate such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan
Agreement.
"Resolution" means this Resolution, as the same may from time to time be
amended, modified or supplemented.
"Series A Notes" means the Commission's Pooled Commercial Paper Notes,
Series A (Governmental Issue), to be issued from time to time by the Commission.
The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar
terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of
adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption
of this Resolution.
Words importing the masculine gender include every other gender.
Words importing the singular number include the plural number, and vice versa.
SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution IS
adopted pursuant to the provisions of the Act.
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SECTION 3.
declared that:
FINDINGS. It IS hereby ascertained, determined and
(A) The Commission has been established for the principal purpose of issuing
commercial paper notes in order to provide funds to loan to public agencies, such as the
County, desiring to finance and refinance the cost of acquiring, constructing and
equipping capital improvements and to finance and refinance other governmental needs.
(B) In furtherance of the foregoing, the Commission shall issue, from time to
time, commercial paper notes to be known as "Florida Local Government Finance
Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall
loan the proceeds of such Series A Notes to public agencies, including the County.
(C) Pursuant to the authority of the Act, the Commission has agreed to loan,
from time to time, to the County such amounts as shall be authorized herein and in the
Loan Agreement in order to enable the County to finance, reimburse or refinance the cost
of acquisition, construction and equipping of capital improvements, including Project A-
32.
(D) The County presently has outstanding certain Loans pursuant to the
Program for the acquisition, construction and equipping of various capital improvements.
(E) The proceeds of Loan No. A-32-1 were used to finance a portion of the
costs of Project A-32.
(F) The County desires to refinance a portion of the principal amount of Loan
No. A-32-1 that is coming due on December 5, 2006, all in accordance with the terms
hereof.
(G) The County hereby determines that the prOVISIOn of funds by the
Commission to the County in the form of Loan No. A-32-2 pursuant to the terms of the
Loan Agreement and the refinancing of a portion of Loan No. A-32-1 will assist in the
development and maintenance of the public welfare of the residents of the County, and
shall serve a public purpose by improving the health and living conditions, and providing
governmental services, facilities and programs and will promote the most efficient and
economical development of such services, facilities and programs.
(G) Loan No. A-32-2 shall be repaid solely from the Designated Revenues.
Such Designated Revenues shall include moneys derived from a covenant to budget and
appropriate legally available Non-Ad Valorem Revenues. The ad valorem taxing power
of the County will never be necessary or authorized to make the Loan Repayments.
(H) Due to the potential volatility of the market for tax-exempt obligations such
as the Note or Notes to be issued evidencing Loan No. A-32-2, the complexity of the
4
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transactions relating to such Note or Notes and the uniqueness of the Program, it is in the
best interest of the County to deliver the Note or Notes to the Commission pursuant to the
Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing
the County to utilize the Program in which it participates from time to time and to enter
the market at the most advantageous time, rather than at a specified advertised date,
thereby permitting the County to obtain the best possible price, issuance costs and interest
rate for such Note or Notes.
SECTION 4. TERMS OF LOANS. The County hereby approves of Loan
No. A-32-2 in the principal amount of not exceeding $32,900,000 for the purpose of
providing the County with sufficient funds to refinance a portion of Loan No. A-32-1.
The Chairman and the Clerk are hereby authorized to execute, seal and deliver on behalf
of the County the Loan Note and other documents, instruments, agreements and
certificates necessary or desirable to effectuate the Loan as provided in the Loan
Agreement. The Loan Note or Notes with respect to Loan No. A-32-2 shall reflect the
terms of such Loan and shall be substantially in the form attached to the Loan Agreement
as Exhibit 1. The County Administrator shall determine the amount of the funding of
Loan No. A-32-2 in accordance with the terms of the Loan Agreement as shall be
determined necessary to refinance a portion of Loan No. A-32-1. Loan No. A-32-2 shall
be dated December 5, 2006 and the entire principal amount thereof shall mature on
December 6, 2011 or in such other amounts and at such other times as the County
Administrator may determine. Loan No. A-32-2 shall bear interest at the Loan Rate in
accordance with the terms of the Loan Agreement. The County further agrees to make all
Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter
of Credit fees for Loan No. A-32-2 shall be 30 basis points or such other amount as
Wachovia Bank and the County Administrator shall agree.
SECTION 5. AUTHORIZATION OF REFINANCING. The County
does hereby authorize the refinancing of a portion of Loan No. A-32-1 in accordance
with the terms hereof and of Loan No. A-32-2.
SECTION 6. PRIVATE ACTIVITY USE. (A) If the County enters into
any contract or agreement with a private entity with respect to the operation of any
portion of Project A-32, the County covenants and agrees that such contract or agreement
will comply in all respects with the federal tax rules relating to qualified management
contracts in order to maintain the tax-exempt status on Loan No. A-32-2 and,
furthermore, such contract or agreement shall be subject to the prior approval of the
County's Bond Counsel.
(B) If the County sells, leases or otherwise disposes of any portion of Project
A-32 while Loan No. A-32-2 is outstanding, the County shall obtain the prior approval of
the County's Bond Counsel prior to such sale, lease or disposition.
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SECTION 7. SECURITY FOR THE LOAN. The County's obligation to
repay Loan No. A-32-2 will be secured by a pledge of and lien upon the Designated
Revenues in accordance with the terms of the Loan Agreement. The obligation of the
County to repay Loan No. A-32-2 shall not be deemed a pledge of the faith and credit or
taxing power of the County and such obligation shall not create a lien on any property
whatsoever of or in the County other than the Designated Revenues.
SECTION 8. GENERAL AUTHORITY. The members of the Board and
the officers, attorneys and other agents or employees of the County are hereby authorized
to do all acts and things required of them by this Resolution and the Loan Agreement, or
desirable or consistent with the requirements of this Resolution and the Loan Agreement,
for the full punctual and complete performance of all the terms, covenants and
agreements contained in this Resolution and the Loan Agreement, and each member,
employee, attorney and officer of the County or its Board is hereby authorized and
directed to execute and deliver any and all papers and instruments and to do and cause to
be done any and all acts and things necessary or proper for carrying out the transactions
contemplated by this Resolution and the Loan Agreement.
SECTION 9. SEVERABILITY. If anyone or more of the covenants,
agreements or provisions herein contained shall be held contrary to any express provision
of law or contrary to the policy of express law, though not expressly prohibited, or
against public policy, or shall for any reason whatsoever be held invalid, then such
covenants, agreements or provisions shall be null and void and shall be deemed separable
from the remaining covenants, agreements or provisions and shall in no way affect the
validity of any of the other provisions hereof.
SECTION 10. REPEAL OF INCONSISTENT RESOLUTIONS. All
resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the
extent of such conflict.
SECTION 11. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
6
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DULY ADOPTED this 28th day of November, 2006.
(SEAL)
;. c, , E'~ ,,~
~~~\~<;' \/', . . , :- .", ';'~~I ._~
ATTEST,~~;$~gbt ~,;..grpck, Clerk
:-.~" - ",1"._' "I., ~ ',.....
. T; \ tT' ~.v
.1 _ (. ,.
i'f ~ .
. "::'f::":'~ "
Deputy Clerk:~~,' :,...., ,.'
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
J~~.
David C. Weigel
County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
~~
FRANK HALAS, Chairman
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RESOLUTION NO. 2006-~
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AUTHORIZING THE BORROWING OF NOT
EXCEEDING $1,200,000 FROM THE POOLED
COMMERCIAL PAPER LOAN PROGRAM OF THE
FLORIDA LOCAL GOVERNMENT FINANCE
COMMISSION PURSUANT TO THE TERMS OF THE
LOAN AGREEMENT BETWEEN THE COMMISSION
AND THE COUNTY IN ORDER TO FINANCE THE
ACQUISITION AND EQUIPPING OF FOUR
AMBULANCES FOR THE EMS DEPARTMENT,
INCLUDING THE REIMBURSEMENT OF CERTAIN
COSTS INCURRED BY THE COUNTY IN CONNECTION
THEREWITH,; AUTHORIZING THE EXECUTION OF A
LOAN NOTE OR N,OTpS TO EVIDENCE SUCH
BORROWING; AGREEINd TO SECURE SUCH LOAN
NOTE OR NOTES WITH A COVENANT TO BUDGET
AND APPROPRIATE LEGALLY AVAILABLE NON-AD
VALOREM REVENUES AS PROVIDED IN THE LOAN
AGREEMENT; AUTHORIZING THE EXECUTION AND
DEpVERY OF SUCH OTHER DOCUMENTS AS MAY
BE NE(;ESSARY TO EFfECT SUCH BORROWING; AND
PROVIDING AN EFFECTIVE DATE.
.,1
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION 1. DEFINITIONS. Unless the context of use indicates another
meaning or intent, the following words and terms as used in this Resolution shall have the
following meanings. Capitalized terms not defined herein shall have the meanings
ascribed thereto in the hereinafter defmed Loan Agreement.
"
"Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter
163, Florida Statutes, and all other applicable provisions oflaw.
"Additional Payments" means the payments required to be made by the County
pursuant to Sections 5.02(b), 5.02(c), 5.02(d),.5.05 and 6.06(e) ofthe Loan Agreement.
"Board" means the Board of County Commissioners of the County.
100
"Chairman" means the Chairman or Vice Chairman of the Board, and such other
person as may be duly authorized to act on his or her behalf.
"Clerk" means the Clerk of the Circuit Court for the County, ex-officio Clerk of
the Board, and such other person as may be duly authorized to act on his or her behalf.
"Commission" means the Florida Local Government Finance Commission, and
any assigns or successors thereto.
"County" means Collier County, Florida, a political subdivision of the State of
Florida.
"County Administrator" means the County Administrator of the County or his
designee and such other person as may be duly authorized to act on his or her behalf.
"Designated Revenues" means (I) Public Agency Moneys budgeted and
appropriated for purposes of payment of the Loan Repayments and any other amounts
due under the Loan Agreement, and (2) the proceeds of the Loan pending the application
thereof.
"Draw" means the borrowing of money under the Loan Agreement in accordance
with Article III thereof.
"Loan" means the loan to be made by the Commission to the County from
proceeds of the Series A Notes in accordance with the terms of this Resolution and of the
Loan Agreement.
"Loan Agreement" means the Loan Agreement, dated as of April 12, 1991,
between the County and the Commission, as amended and supplemented and as the same
may be further amended and supplemented.
"Loan No. A-34" means the Loan designated as "Loan No. A-34" the proceeds of
which shall be used to finance a portion ofthe costs of Project A-34.
"Loan Note" means a note of the County evidencing the obligations incurred
under the Loan Agreement by the county on account of a Draw made in regard to a Loan,
which shall be in substantially the form provided in Exhibit I to the Loan Agreement.
"Loan Rate" has the meaning set forth in the Loan Agreement.
"Loan Repayments" or "Repayments" means the payments of principal and
interest at the Loan Rate on the Loan amounts payable by the County pursuant to the
provisions of the Loan Agreement and all other payments, including Additional
Payments, payable by the County pursuant to the provisions of the Loan Agreement.
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"Non-Ad Valorem Revenues" means all legally available revenues of the County
derived from any source whatsoever other than ad valorem taxation on real and personal
property, which are legally available to make the Loan Repayments required in the Loan
Agreement, but only after provision has been made by the County for the payment of
services and programs which are for essential public purposes affecting the health,
welfare and safety of the inhabitants of the County or which are legally mandated by
applicable law.
"Program" means the Pooled Commercial Paper Loan Program established by
the Commission.
"Project A-34" means the acquisition and equipping of four ambulances for the
EMS Department, as more particularly set forth in the plans and specifications on file or
to be on file with the County and as the same may be amended or modified from time to
time.
"Public Agency Moneys" shall mean the moneys budgeted and appropriated by
the County for payment of the Loan Repayments and any other amounts due hereunder
from Non-Ad Valorem Revenues pursuant to the County's covenant to budget and
appropriate such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan
Agreement.
"Resolution" means this Resolution, as the same may from time to time be
amended, modified or supplemented.
"Series A Notes" means the Commission's Pooled Commercial Paper Notes,
Series A (Governmental Issue), to be issued from time to time by the Commission.
The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar
terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of
adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption
of this Resolution.
Words importing the masculine gender include every other gender.
Words importing the singular number include the plural number, and vice versa.
SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is
adopted pursuant to the provisions of the Act.
SECTION 3.
declared that:
FINDINGS. It is hereby ascertained, determined and
(A) The Commission has been established for the principal purpose of issuing
commercial paper notes in order to provide funds to loan to public agencies, such as the
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County, desiring to finance and refinance the cost of acquiring, constructing and
equipping capital improvements and to finance and refinance other governmental needs.
(B) In furtherance of the foregoing, the Commission shall issue, from time to
time, commercial paper notes to be known as "Florida Local Government Finance
Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall
loan the proceeds of such Series A Notes to public agencies, including the County.
(C) Pursuant to the authority of the Act, the Commission has agreed to loan,
from time to time, to the County such amounts as shall be authorized herein and in the
Loan Agreement in order to enable the County to finance, reimburse or refinance the cost
of acquisition, construction and equipping of capital improvements, including Project A-
34.
(D) The County desires to borrow an amount not to exceed $1,200,000 in order
to finance a portion of the acquisition of Project A-34.
(E) The County hereby determines that the proVISIOn of funds by the
Commission to the County in the form of Loan No. A-34 pursuant to the terms of the
Loan Agreement and the financing of Project A-34 will assist in the development and
maintenance of the public welfare of the residents of the County, and shall serve a public
purpose by improving the health and living conditions, and providing governmental
services, facilities and programs and will promote the most efficient and economical
development of such services, facilities and programs.
(F) Loan No. A-34 shall be repaid solely from the Designated Revenues. Such
Designated Revenues shall include moneys derived from a covenant to budget and
appropriate legally available Non-Ad Valorem Revenues. The ad valorem taxing power
of the County will never be necessary or authorized to make the Loan Repayments.
(G) Due to the potential volatility of the market for tax-exempt obligations such
as the Note or Notes to be issued evidencing Loan No. A-34, the complexity of the
transactions relating to such Note or Notes and the uniqueness of the Program, it is in the
best interest of the County to deliver the Note or Notes to the Commission pursuant to the
Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing
the County to utilize the Program in which it participates from time to time and to enter
the market at the most advantageous time, rather than at a spccified advertised date,
thereby permitting the County to obtain the best possible price, issuance costs and interest
rate for such Note or Notes.
SECTION 4. TERMS OF LOANS. The County hereby approves of Loan
No. A-34 in the aggregate amount of not exceeding $1,200,000 for the purpose of
providing the County with sufficient funds to fmance, refinance or reimburse the costs of
Project A-34. The Chairman and the Clerk are hereby authorized to execute, seal and
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deliver on behalf of the County the Loan Note and other documents, instruments,
agreements and certificates necessary or desirable to effectuate the Loan as provided in
the Loan Agreement. The Loan Note or Notes with respect to Loan No. A-34 shall
reflect the terms of such Loan and shall be substantially in the form attached to the Loan
Agreement as Exhibit 1. The County Administrator shall determine the date or dates of
funding of Loan No. A-34 in accordance with the terms of the Loan Agreement. Loan
No. A-34 shall mature in accordance with the provisions described in Schedule I attached
hereto or in such other amounts and at such other times as the County Administrator may
determine. Loan No. A-34 shall bear interest at the Loan Rate in accordance with the
terms of the Loan Agreement. The County further agrees to make all Loan Repayments
required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for
Loan No. A-34 shall be 30 basis points or such other amount as Wachovia Bank and the
County Administrator shall agree.
SECTION S. AUTHORIZATION OF PROJECT A-34. The County
does hereby authorize the acquisition of Project A-34 and the reimbursement of any costs
incurred by the County with respect to Project A-34 within the prior 60 days that are
approved by bond counsel to the Program.
SECTION 6. SECURITY FOR THE LOAN. The County's obligation to
repay Loan No. A-34 will be secured by a pledge of and lien upon the Designated
Revenues in accordance with the terms of the Loan Agreement. The obligation of the
County to repay Loan No. A-34 shall not be deemed a pledge of the faith and credit or
taxing power of the County and such obligation shall not create a lien on any property
whatsoever of or in the County other than the Designated Revenues.
SECTION 7. GENERAL AUTHORITY. The members of the Board and
the officers, attorneys and other agents or employees of the County are hereby authorized
to do all acts and things required of them by this Resolution and the Loan Agreement, or
desirable or consistent with the requirements of this Resolution and the Loan Agreement,
for the full punctual and complete performance of all the terms, covenants and
agreements contained in this Resolution and the Loan Agreement, and each member,
employee, attorney and officer of the County or its Board is hereby authorized and
directed to execute and deliver any and all papers and instruments and to do and cause to
be done any and all acts and things necessary or proper for carrying out the transactions
contemplated by this Resolution and the Loan Agreement.
SECTION 8. SEVERABILITY. If anyone or more of the covenants,
agreements or provisions herein contained shall be held contrary to any express provision
of law or contrary to the policy of express law, though not expressly prohibited, or
against public policy, or shall for any reason whatsoever be held invalid, then such
covenants, agreements or provisions shall be null and void and shall be deemed separable
from the remaining covenants, agreements or provisions and shall in no way affect the
validity of any of the other provisions hereof.
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SECTION 9. REPEAL OF INCONSISTENT RESOLUTIONS. All
resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the
extent of such conflict.
SECTION 10. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
DULY ADOPTED this~ day of November, 2006.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
(SEAL)
By:
~~~~/
FRANK. HALAS, Chairman
ATTEST: Dwight E. Brock, Clerk
!,
~.~Jo.L.
.. s-t9nlturt 011"0 .
/'APPROVED AS.TO FORM AND
LEGAL SUFFICIENCY:
,.
~ci-vJ
David C. Weigel tJ
County Attorney
item # -1Di:::L.
Ay"nda \\_l-<J -"'I _
[MI':; .0 - V\.P
Date q'_I\U_ -^' 1
Rec'd ~
6
1GB
SCHEDULE I
PROPOSED LOAN REPAYMENT SCHEDULE
Tile principal of the Loan shall be repaid as follows (or on such other date or dates
and in such amounts as the County Administrator shall determine):
Date
Principal Repavrnent
December 6, 2011 $1,200,000
Interest on the Loan shall be paid monthly in accordance with the terms and
provisions of the Loan Agreement. Additional Payments shall also be made in
accordance with the Loan Agreement.
@J
lor
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Oftice only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. Ifthe document is already complete with the
exceotion of the Chairman's signature, draw a line through routing lines #1 throu!!\1 #4, complete the checklist, and forward to Sue Filson (Iine#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary conta;:t is the holder of the original document pending Bec approval. Nonnally the primary contact is the person who created'prepared the executive
summary, Primary contact information is nceded in the event one of the addrcssees ahove, incllxling Suc Filson, nccd to crntact staff for additional or missing
information. All original documcnts needing the BCe Chairman's signature arc to hc delivered to thc BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Alan Portis, Health Dept. Finance Dir. Phone Number 530-5332
Contact
Agenda Date Item was 11/28/06 Agenda Item Number lOF
Approved by the BCC
Type of Document Contract Number of Original One
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's AP
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the AP
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's AP
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip AP
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 11/28/06 (enter date) and all AP
changes made during the meeting have been incorporated in the attached document.
The Count Attorne 's Office has reviewed the chan es, if a Iicable.
N/A (Not
A licable)
2.
3.
4.
5.
6.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26,05, Revised 224,05
lOf-
~
MEMORANDUM
Date:
November 30, 2006
To:
Alan Portis,
Health Department Finance Director
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Operation of Collier County Health Department Contract
Year 2006-2007
Enclosed please find one (1) original document, as referenced above,
(Agenda Item #10F), which was approved by the Board of County
Commissioners on Tuesday, November 28, 2006.
Please forward to the appropriate parties for signatures and return a fully
executed original to the Minutes and Records Department.
If you should have any questions, please call me at 774-8411.
Thank you.
Enclosures
lOF
'COllier
County
Health
, Department
Can'lIg... {'mnm;l teil.. .Tlel/lillg. "D('d;c"(1/j!t!
To the Welbress '~(()1J1' Community
COLLIER COUNTY HEALTH DEPARTMENT
INTEROFFICE MEMORANDUM
DATE: January 3, 2007
TO: Teresa Dillard, Deputy Clerk
Minutes & Records Department
FROM: Alan Portis
Health Department Finance Director
SUBJECT: Operation of Collier County Health Department Contract FY06-07
As requested on your November 30 Memo, enclosed is one (1) original document as
referenced above, (Agenda Item #1 OF), which was approved by the Board of County
Commissioners on Tuesday, November 28, 2006.
If you have any additional questions, please contact me at 774-8206.
ALA~
Finance & Accounting Director
Collier County Health Department
FLORIDA DEPARI'MENT OF
lOF"
HEAL T
Jeb Bush
Governor
M. RonyFran9ois, M.D., M.S.P.H., Ph.D.
Secretary, Department of Health
INTEROFFICE MEMORANDUM
DATE: December 5,2006
TO: Gary J. Mahoney, Director
Division of Administration
FROM: Joan M. Colfer, M.D., M.P.H., Director
Collier County Health Department
SUBJECT: Core Contract Certification
INFORMATION ONLY
~ I certify that no changes have been made to the 2006-2007 Core Contract document or
attachments by the Collier County Health Department.
o I certify that the following changes have been made to the 2006-2007 Core Contract
document and attachments by the County Health Department as follows:
Page Paragraph Document Changes
(State exact chanaes to languaae or new lanauage.)
Page Section Attachment Changes
(State exact chanaes to lanauaae or format.)
Q~.
t; ,~tDOc..
Date
Signature (Adminis tor/Director)
Joan M. Colfer, M.D., M.P.H., Director
Collier County Health Department. P.O. Box 426 . Naples, FL 34106-0429
lor
CONTRACT BETWEEN
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AND
STATE OF FLORIDA DEPARTMENT OF HEALTH
FOR OPERATION OF
THE COLLIER COUNTY HEALTH DEPARTMENT
CONTRACT YEAR 2006-2007
This agreement ("Agreement") is made and entered into between the State of Florida,
Department of Health ("State") and the Collier County Board of County Commissioners
("County"), through their undersigned authorities, effective October 1, 2006.
RECITALS
A. Pursuant to Chapter 154, F .S., the intent of the legislature is to "promote,
protect, maintain, and improve the health and safety of all citizens and visitors of this state
through a system of coordinated county health department services."
B. County Health Departments were created throughout Florida to satisfy this
legislative intent through "promotion of the public's health, the control and eradication of
preventable diseases, and the provision of primary health care for special populations."
C. Collier County Health Department ("CHD") is one of the County Health
Departments created throughout Florida. It is necessary for the parties hereto to enter into
this Agreement in order to assure coordination between the State and the County in the
operation of the CHD.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. RECITALS. The parties mutually agree that the forgoing recitals are true and
correct and incorporated herein by reference.
2. TERM. The parties mutually agree that this Agreement shall be effective from
October 1, 2006, through September 30, 2007, or until a written agreement replacing this
Agreement is entered into between the parties, whichever is later, unless this Agreement is
otherwise terminated pursuant to the termination provisions set forth in paragraph 8,
below.
3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD
shall provide those services as set forth on Part III of Attachment II hereof, in order to
maintain the following three levels of service pursuant to Section 154.01 (2), Florida
Statutes, as defined below:
a. "Environmental health services" are those services which are organized and
operated to protect the health of the general public by monitoring and regulating activities
in the environment which may contribute to the occurrence or transmission of disease.
Environmental health services shall be supported by available federal, state and local
lor
funds and shall include those services mandated on a state or federal level. Examples of
environmental health services include, but are not limited to, food hygiene, safe drinking
water supply, sewage and solid waste disposal, swimming pools, group care facilities,
migrant labor camps, toxic material control, radiological health, occupational health.
b. "Communicable disease control services" are those services which protect the
health of the general public through the detection, control, and eradication of diseases
which are transmitted primarily by human beings. Communicable disease services shall
be supported by available federal, state, and local funds and shall include those services
mandated on a state or federal level. Such services include, but are not limited to,
epidemiology, sexually transmissible disease detection and control, HIV/AIDS,
immunization, tuberculosis control and maintenance of vital statistics.
c. "Primary care services" are acute care and preventive services that are made
available to well and sick persons who are unable to obtain such services due to lack of
income or other barriers beyond their control. These services are provided to benefit
individuals, improve the collective health of the public, and prevent and control the spread
of disease. Primary health care services are provided at home, in group settings, or in
clinics. These services shall be supported by available federal, state, and local funds and
shall include services mandated on a state or federal level. Examples of primary health
care services include, but are not limited to: first contact acute care services; chronic
disease detection and treatment; maternal and child health services; family planning;
nutrition; school health; supplemental food assistance for women, infants, and children;
home health; and dental services.
4. FUNDING. The parties further agree that funding for the CHD will be handled as
follows:
a. The funding to be provided by the parties and any other sources are set forth in Part
II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II.
i. The State's appropriated responsibility (direct contribution excluding any state fees,
Medicaid contributions or any other funds not listed on the Schedule C) as provided in
Attachment II, Part II is an amount not to exceed $ 7,084,958 (State General
Revenue, Other State Funds and Federal Funds listed on the Schedule C). The State's
obligation to pay under this contract is contingent upon an annual appropriation
by the Legislature.
ii. The County's appropriated responsibility (direct contribution excluding any fees,
other cash or local contributions) as provided in Attachment II, Part II is an amount not
to exceed $1,504,900 (amount listed under the "Board of County Commissioners Annual
Appropriations section of the revenue attachment).
b. Overall expenditures will not exceed available funding or budget authority,
whichever is less, (either current year or from surplus trust funds) in any service category.
Unless requested otherwise, any surplus at the end of the term of this Agreement in the
County Health Department Trust Fund that is attributed to the CHD shall be carried
forward to the next contract period.
2
lOF
c. Either party may establish service fees as allowed by law to fund activities of the
CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid
fee schedule.
d. Either party may increase or decrease funding of this Agreement during the term
hereof by notifying the other party in writing of the amount and purpose for the change in
funding. If the State initiates the increase/decrease, the CHD will revise the Attachment II
and send a copy of the revised pages to the County and the Department of Health, Bureau
of Budget Management. If the County initiates the increase/decrease, the County shall
notify the CHD. The CHD will then revise the Attachment II and send a copy of the revised
pages to the Department of Health, Bureau of Budget Management.
e. The name and address of the official payee to who payments shall be made is:
County Health Department Trust Fund
Collier County
3301 E. Tamiami Trail, Bldg H
Naples, FL 34112
5. CHD DIRECTOR/ADMINISTRATOR. Both parties agree the director/administrator
of the CHD shall be a State employee or under contract with the State and will be under
the day-to-day direction of the Deputy State Health Officer. The director/administrator
shall be selected by the State with the concurrence of the County. The
director/administrator of the CHD shall insure that non-categorical sources of funding are
used to fulfill public health priorities in the community and the Long Range Program Plan.
A report detailing the status of public health as measured by outcome measures and
similar indicators will be sent by the CHD director/administrator to the parties no later than
October 1 of each year (This is the standard quality assurance "County Health Profile" report located on
the Office of Planning, Evaluation & Data Analysis Intranet site).
6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that
the following standards should apply in the operation of the CHD:
a. The CHD and its personnel shall follow all State policies and procedures, except to
the extent permitted for the use of county purchasing procedures as set forth in
subparagraph b., below. All CHD employees shall be State or State-contract personnel
subject to State personnel rules and procedures. Employees will report time in the Client
Information System/Health Management Component compatible format by program
component as specified by the State.
b. The CHD shall comply with all applicable provisions of federal and state laws and
regulations relating to its operation with the exception that the use of county purchasing
procedures shall be allowed when it will result in a better price or service and no statewide
Department of Health purchasing contract has been implemented for those goods or
services. In such cases, the CHD director/administrator must sign a justification therefore,
and all county-purchasing procedures must be followed in their entirety, and such
compliance shall be documented. Such justification and compliance documentation shall
3
101
be maintained by the CHD in accordance with the terms of this Agreement. State
procedures must be followed for all leases on facilities not enumerated in Attachment IV.
c. The CHD shall maintain books, records and documents in accordance with those
promulgated by the Generally Accepted Accounting Principles (GAAP) and Governmental
Accounting Standards Board (GASB), and the requirements of federal or state law. These
records shall be maintained as required by the Department of Health Policies and
Procedures for Records Management and shall be open for inspection at any time by the
parties and the public, except for those records that are not otherwise subject to disclosure
as provided by law which are subject to the confidentiality provisions of paragraph 6.i.,
below. Books, records and documents must be adequate to allow the CHD to comply with
the following reporting requirements:
i. The revenue and expenditure requirements in the Florida Accounting
System Information Resource (FLAIR).
ii. The client registration and services reporting requirements of the
minimum data set as specified in the most current version of the Client
Information System/Health Management Component Pamphlet;
iii. Financial procedures specified in the Department of Health's Accounting
Procedures Manuals, Accounting memoranda, and Comptroller's
memoranda;
iv. The CHD is responsible for assuring that all contracts with service
providers include provisions that all subcontracted services be reported
to the CHD in a manner consistent with the client registration and
service reporting requirements of the minimum data set as specified in
the Client Information System/Health Management Component
Pamphlet.
d. All funds for the CHD shall be deposited in the County Health Department Trust
Fund maintained by the state treasurer. These funds shall be accounted for separately
from funds deposited for other CHDs and shall be used only for public health purposes in
Collier County.
e. That any surplus/deficit funds, including fees or accrued interest, remaining in the
County Health Department Trust Fund account at the end of the contract year shall be
credited/debited to the state or county, as appropriate, based on the funds contributed by
each and the expenditures incurred by each. Expenditures will be charged to the program
accounts by state and county based on the ratio of planned expenditures in the core
contract and funding from all sources is credited to the program accounts by state and
county. The equity share of any surplus/deficit funds accruing to the state and county is
determined each month and at contract year-end. Surplus funds may be applied toward
the funding requirements of each participating governmental entity in the following year.
However, in each such case, all surplus funds, including fees and accrued interest, shall
remain in the trust fund until accounted for in a manner which clearly illustrates the amount
which has been credited to each participating governmental entity. The planned use of
4
10r-
surplus funds shall be reflected in Attachment II, Part I of this contract, with special capital
projects explained in Attachment V.
f. There shall be no transfer of funds between the three levels of services without a
contract amendment unless the CHD director/administrator determines that an emergency
exists wherein a time delay would endanger the public's health and the Deputy State
Health Officer has approved the transfer. The Deputy State Health Officer shall forward
written evidence of this approval to the CHD within 30 days after an emergency transfer.
g. The CHD may execute subcontracts for services necessary to enable the CHD to
carry out the programs specified in this Agreement. Any such subcontract shall include all
aforementioned audit and record keeping requirements.
h. At the request of either party, an audit may be conducted by an independent CPA
on the financial records of the CHD and the results made available to the parties within
180 days after the close of the CHD fiscal year. This audit will follow requirements
contained in OMB Circular A-133 and may be in conjunction with audits performed by
county government. If audit exceptions are found, then the director/administrator of the
CHD will prepare a corrective action plan and a copy of that plan and monthly status
reports will be furnished to the contract managers for the parties.
i. The CHD shall not use or disclose any information concerning a recipient of
services except as allowed by federal or state law or policy.
j. The CHD shall retain all client records, financial records, supporting documents,
statistical records, and any other documents (including electronic storage media) pertinent
to this Agreement for a period of five (5) years after termination of this Agreement. If an
audit has been initiated and audit findings have not been resolved at the end of five (5)
years, the records shall be retained until resolution of the audit findings.
k. The CHD shall maintain confidentiality of all data, files, and records that are
confidential under the law or are otherwise exempted from disclosure as a public record
under Florida 'Iaw. The CHD shall implement procedures to ensure the protection and
confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65
and 456.057, Florida Statutes, and all other state and federal laws regarding
confidentiality. All confidentiality procedures implemented by the CHD shall be consistent
with the Department of Health Information Security Policies, Protocols, and Procedures,
dated September 1997, as amended, the terms of which are incorporated herein by
reference. The CHD shall further adhere to any amendments to the State's security
requirements and shall comply with any applicable professional standards of practice with
respect to client confidentiality.
I. The CHD shall abide by all State policies and procedures, which by this reference
are incorporated herein as standards to be followed by the CHD, except as otherwise
permitted for some purchases using county procedures pursuant to paragraph 6.b. hereof.
m. The CHD shall establish a system through which applicants for services and current
clients may present grievances over denial, modification or termination of services. The
5
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CHD will advise applicants of the right to appeal a denial or exclusion from services, of
failure to take account of a client's choice of service, and of his/her right to a fair hearing to
the final governing authority of the agency. Specific references to existing laws, rules or
program manuals are included in Attachment I of this Agreement.
n. The CHD shall comply with the provisions contained in the Civil Rights Certificate,
hereby incorporated into this contract as Attachment III.
o. The CHD shall submit quarterly reports to the county that shall include at least the
following:
i. The DE385L 1 Contract Management Variance Report and the DE580L 1
Analysis of Fund Equities Report;
ii. A written explanation to the county of service variances reflected in the
DE385L 1 report if the variance exceeds or falls below 25 percent of the planned
expenditure amount. However, if the amount of the service specific variance
between actual and planned expenditures does not exceed three percent of the
total planned expenditures for the level of service in which the type of service is
included, a variance explanation is not required. A copy of the written
explanation shall be sent to the Department of Health, Bureau of Budget
Management.
6
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p. The dates for the submission of quarterly reports to the county shall be as follows
unless the generation and distribution of reports is delayed due to circumstances beyond
the CHD's control:
i. March 1, 2007 for the report period October 1, 2006 through
December 31, 2006;
ii. June 1, 2007 for the report period October 1, 2006 through
March 31,2007;
iii. September 1 , 2007 for the report period October 1 , 2006
through June 30, 2007; and
iv. December 1, 2007 for the report period October 1 , 2006
through September 30, 2007.
7. FACILITIES AND EQUIPMENT. The parties mutually agree that:
a. CHD facilities shall be provided as specified in Attachment IV to this contract and
the county shall own the facilities used by the CHD unless otherwise provided in
Attachment IV.
b. The county shall assure adequate fire and casualty insurance coverage for County-
owned CHD offices and buildings and for all furnishings and equipment in CHD offices
through either a self-insurance program or insurance purchased by the County.
c. All vehicles will be transferred to the ownership of the County and registered as
county vehicles. The county shall assure insurance coverage for these vehicles is
available through either a self-insurance program or insurance purchased by the County.
All vehicles will be used solely for CHD operations. Vehicles purchased through the
County Health Department Trust Fund shall be sold at fair market value when they are no
longer needed by the CHD and the proceeds returned to the County Health Department
Trust Fund.
8. TERMINATION.
a. Termination at Will. This Agreement may be terminated by either party without
cause upon no less than one-hundred eighty (180) calendar days notice in writing to the
other party unless a lesser time is mutually agreed upon in writing by both parties. Said
notice shall be delivered by certified mail, return receipt requested, or in person to the
other party's contract manager with proof of delivery.
b. Termination Because of Lack of Funds. In the event funds to finance this
Agreement become unavailable, either party may terminate this Agreement upon no less
than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return
receipt requested, or in person to the other party's contract manager with proof of delivery.
c. Termination for Breach. This Agreement may be terminated by one party, upon no
less than thirty (30) days notice, because of the other party's failure to perform an
7
lor
obligation hereunder. Said notice shall be delivered by certified mail, return receipt
requested, or in person to the other party's contract manager with proof of delivery.
Waiver of breach of any provisions of this Agreement shall not be deemed to be a waiver
of any other breach and shall not be construed to be a modification of the terms of this
Agreement.
9. MISCELLANEOUS. The parties further agree:
a. Availability of Funds. If this Agreement, any renewal hereof, or any term,
performance or payment hereunder, extends beyond the fiscal year beginning July 1,
2007, it is agreed that the performance and payment under this Agreement are contingent
upon an annual appropriation by the Legislature, in accordance with section 287.0582,
Florida Statutes.
b. Contract Manaqers. The name and address of the contract managers for the
parties under this Agreement are as follows:
For the State:
For the County:
Joan M. Colfer, M.D.,M.P.H.
Name
Marla Olsviq Ramsey
Name
Director. Collier County Health Dept.
Title
Public Services Administrator
Title
3301 E. Tamiami Trail. Bldq. H
3301 E. Tamiami Trail. BldQ. H
Naples. Florida 34112
Address
Naples. Florida 34112
Address
(239) 774-8201
Telephone
(239) 774-8383
Telephone
If different contract managers are designated after execution of this Agreement, the name,
address and telephone number of the new representative shall be furnished in writing to
the other parties and attached to originals of this Agreement.
c. Captions. The captions and headings contained in this Agreement are for
the convenience of the parties only and do not in any way modify, amplify, or give
additional notice of the provisions hereof.
8
lOF
In WITNESS THEREOF, the parties hereto have caused this 24 page agreement to be
executed by their undersigned officials as duly authorized effective the 1st day of October, 2006.
BOARD OF COUNTY COMMISSIONERS
FOR COLLIER COUNTY
STATE OF FLORIDA
DEPARTMENT OF HEALTH
~~g
SIGNED BY? ~
NAME: F~_,>t< 1-I;:aJ..A s
TITLE: C# A Ill. ()1A ~
DATE: ,,/z gi,l'
SIGNED BY: /~y~:..:z(), <:,",--.~,j ...----~ ,--'-'
NAM~fM. Ronv Francois. M.D.. M.S.P.H.. Ph.D.
TITLE: Secretary
DATE:
f1...(if.b~
::=:~~~(lV'd f)(
NAME:1e..i~cJ.- 'D-\t]~ NAME: J an M Colfer M.D. M.P.H.
TITLE:~U~,CJer\L'4\AC~b' TITLE: CHD Director/Administrator
.. ... "?XC;, )~\~
DATE:~/LL~~ DATE:~ of"
9
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ATTACHMENT I
COLLIER COUNTY HEALTH DEPARTMENT
PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING
COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS
Some health services must comply with specific program and reporting requirements in addition to the Personal Health
Coding Pamphlet (DHP 50-20), Environmental Health Coding Pamphlet (DHP 50-21) and FLAIR requirements
because of federal or state law, regulation or rule. If a county health department is funded to provide one of these
services, it must comply with the special reporting requirements for that service. The services and the reporting
requirements are listed below:
Service
Reauirement
1.
Sexually Transmitted Disease
Program
Requirements as specified in FAC 64D-3, F.S. 381 and
F.S. 384 and the CHD Guidebook.
2.
Dental Health
Monthly reporting on DH Form 1008*.
3.
Special Supplemental Nutrition
Program for Women, Infants
and Children.
Service documentation and monthly financial reports as
specified in DHM 150-24* and all federal, state and county
requirements detailed in program manuals and published
procedures.
4.
Healthy StarU
Improved Pregnancy Outcome
Requirements as specified in the Healthy Start Standards
and Guidelines 1998 and as specified by the Health Start
Coalitions in contract with each county health department.
5.
Family Planning
Periodic financial and programmatic reports as specified
by the program office and in the CHD Guidebook, Internal
Operating Policy FAMPLAN 14*
6.
Immunization
Periodic reports as specified by the department regarding
the surveillance/investigation of reportable vaccine
preventable diseases, vaccine usage accountability, the
assessment of various immunization levels and forms
reporting adverse events following immunization and
Immunization Module quarterly quality audits and duplicate
data reports.
7.
Chronic Disease Program
Requirements as specified in the Community Intervention
Program (CIP) and the CHD Guidebook.
8.
Environmental Health
Requirements as specified in DHP 50-4* and 50-21*
9.
HIV/AIDS Program
Requirements as specified in Florida Statue 384.25 and
64D-3.016 and 3.017 FAC. and the CHD Guidebook. Case
reporting on CDC Forms 50.428 (Adult! Adolescent) and
50.42A (Pediatric). Socio-demographic data on persons
tested for HIV in CHD clinics should be reported on Lab
Request Form 1628 or Post-Test Counseling Form 1633.
These reports are to be sent to the Headquarters HIV/AIDS
office within 5 days of the initial post-test counseling
appointment or within 90 days of the missed post-test
counseling appointment.
lC
lOF'
ATTACHMENT I (Continued)
10.
School Health Services
HRSM 150-25*, including the requirement for an annual plan
as a condition for funding.
*or the subsequent replacement if adopted during the contract period.
11
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A TT ACHMENT II. lor
COLLIER COUNTY HEALTH DEPARTMENT
Part II. Sources of Contributions to County Health Department
October 1, 2006 to September 30, 2007
State caD County Total CaD
Trust Fund CaD Trust Fund Other
(cash) Trust Fund (cash) Contribution Total
1. GENERAL REVENUE - STATE
015040 ALG/CESSPOOL IDENTIFICATION AND ELIMINATION 0 0 0 0 0
015040 ALG/CONTR TO CHDS-AIDS PATIENT CARE 100,000 0 100,000 0 100,000
015040 ALG/CONTR TO CHDS-AIDS PREY & SURV & FIELD STAFF 100,075 0 100,075 0 100,075
015040 ALG/CONTR TO CHDS-DENT AL PROGRAM 130,000 0 130,000 0 130,000
015040 ALG/CONTR TO CHDS-MIGRANT LABOR CAMP SANITATION 68,209 0 68,209 0 68,209
015040 ALG/CONTR. TO CHDS-IMMUNIZATION OUTREACH TEAMS 27,662 0 27,662 0 27,662
015040 ALG/CONTR. TO CHDS-INDOOR AIR ASSIST PROG 0 0 0 0 0
015040 ALG/CONTR. TO CHDS-MCH HEALTH - FIELD STAFF COST 0 0 0 0 0
015040 ALG/CONTR. TO CHDS-SOVEREIGN IMMUNITY 0 0 0 0 0
015040 ALG/CONTRIBUTION TO CHDS-PRIMARY CARE 27,361 0 27,361 0 27,361
015040 ALGIF AMIL Y PLANNING 48,602 0 48,602 0 48,602
015040 ALG/IPO - OUTREACH SOCIAL WORKERS CAT. 050707 0 0 0 0 0
015040 ALG/IPO HEALTHY START 0 0 0 0 0
015040 ALG/IPO HEAL THY ST ART/IPO CAT 050707 0 0 0 0 0
015040 ALG/IPO-INF ANT MORTALITY PROJECT CAT. 050707 0 0 0 0 0
015040 ALGIMCH HEALTHY START/I PO CAT 050870 0 0 0 0 0
015040 ALG/MCH-INF ANT MORTALITY PROJECT CAT. 050870 0 0 0 0 0
015040 ALGIMCH-OUTREACH SOCIAL WORKERS CAT 050870 0 0 0 0 0
015040 ALGIPRIMARY CARE 354,068 0 354,068 0 354,068
015040 ALG/SCHOOL HEAL THlSUPPLEMENT AL 0 0 0 0 0
015040 CA TE ESCAMBIA 0 0 0 0 0
015040 CHD SUPPORT SERVICES 0 0 0 0 0
015040 CLOSING THE GAP PROGRAM 120,382 0 120,382 0 120,382
015040 COMMUNITY SMILES - DADE 0 0 0 0 0
015040 COMMUNITY TB PROGRAM 119,091 0 119,091 0 119,091
015040 DENTAL SPECIAL INITIATIVE PROJECTS 0 0 0 0 0
015040 DUVAL TEEN PREGNANCY PREVENTION 0 0 0 0 0
015040 ENHANCED DENTAL SERVICES 0 0 0 0 0
015040 FL HEPATITIS & LIVER FAILURE PREVENTION/CONTROL 0 0 0 0 0
015040 HEALTH PROMOTION & EDUCATION INITIATIVES 0 0 0 0 0
015040 HEAL THY BEACHES MONITORING 24,098 0 24,098 0 24,098
015040 HEALTHY START - DATA COLLECTION PROJECT STAFF 0 0 0 0 0
015040 LA LIGA CONTRA EL CANCER 0 0 0 0 0
015040 MEDIV AN PROJECT 0 0 0 0 0
015040 METRO ORLANDO URBAN LEAGUE TEENAGE PREG PREV 0 0 0 0 0
015040 PRIMARY CARE SPECIAL DENTAL PROJECTS 0 0 0 0 0
015040 PRIMARY CARE SPECIAL PROJECTS 0 0 0 0 0
015040 SCHOOL HEALTH-SUPPLEMENT - T ANF 0 0 0 0 0
015040 SPECIAL NEEDS SHELTER PROGRAM 0 0 0 0 0
015040 STD GENERAL REVENUE 0 0 0 0 0
015040 VOLUNTEER SCHOOL HEALTH NURSE GRANT 56,000 0 56,000 0 56,000
015050 ALG/CONTR TO CHDS 2,984,294 0 2,984,294 0 2,984,294
GENERAL REVENUE TOTAL 4,159,842 0 4,159,842 0 4,159,842
2. NON GENERAL REVENUE - STATE
015010 ALG/CONTR TO CHDS-REBASING TOBACCO TF 33,298 0 33,298 0 33,298
015010 BASIC SCHOOL HEALTH - TOBACCO TF 136,680 0 136,680 0 136,680
015010 CHD SUPPORT SERVICES 0 0 0 0 0
A TT ACHMENT II. lOF
COLLIER COUNTY HEALTH DEPARTMENT
Part II. Sources of Contributions to County Health Department
October 1, 2006 to September 30, 2007
State CHD County Total CHD
Trust Fund CHD Trust Fund Other
(cash) Trust Fund (cash) Contribution Total
2. NON GENERAL REVENUE - STATE
015010 FL HEPATITIS & LIVER FAILURE PREVENTION/CONTROL 186,012 0 186,012 0 186,012
015010 FULL SERVICE SCHOOLS - TOBACCO TF 114,545 0 114,545 0 114,545
015010 TOBACCO PREVENTION & CESSATION PROGRAM 95,146 0 95,146 0 95,146
015010 PACE EH 0 0 0 0 0
015010 PUBLIC SWIMMING POOL PROGRAM 0 0 0 0 0
015010 SUPER ACT PROGRAM ADM TF 4,000 0 4,000 0 4,000
015010 SUPPLEMENT ALlCOMPREHENSIVE SCHOOL HEALTH - TOB TF 0 0 0 0 0
015010 VARICELLA IMMUNIZATION REQUIREMENT TOBACCO TF 14,806 0 14,806 0 14,806
015020 BIOMEDICAL W ASTE/DEP ADM TF 9,799 0 9,799 0 9,799
015020 SAFE DRINKING WATER PRGIDEP ADM 0 0 0 0 0
015020 FOOD AND WATERBORNE DISEASE PROGRAM ADM TFIDACS 0 0 0 0 0
NON GENERAL REVENUE TOTAL 594,286 0 594,286 0 594,286
3. FEDERAL FUNDS - State
007000 AIDS PREVENTION 160,182 0 160,182 0 160,182
007000 AIDS SEROPREV ALENCE 0 0 0 0 0
007000 BIOTERR HOSPITAL PREPAREDNESS 25,900 0 25,900 0 25,900
007000 BIOTERR SURVEILLANCE & EPIDEMIOLOGY 121,017 0 121,017 0 121,017
007000 BIOTERRORISM PLANNING & READINESS 91,775 0 91,775 0 91,775
007000 CDHPE PROGRAM 79,117 0 79,117 0 79,117
007000 CHD SUPPORT SERVICES 120,421 0 120,421 0 120,421
007000 CHILDHOOD LEAD POISONING PREVENTION 0 0 0 0 0
007000 COAST AL BEACH MONITORING PROGRAM 21,208 0 21,208 0 21,208
007000 COMPREHENSIVE CARDIOVASCULAR PROGRAM 0 0 0 0 0
007000 FGTF/AIDS MORBIDITY 0 0 0 0 0
007000 FGTFIBREAST & CERVICAL CANCER-ADMIN/CASE MAN 0 0 0 0 0
007000 FGTFIF AMIL Y PLANNING TITLE X SPECIAL INITIATIVES 53,397 0 53,397 0 53,397
007000 FGTF/F AMIL Y PLANNING-TITLE X 77,9]4 0 77,914 0 77,914
007000 FGTF/IMMUNIZATION ACTION PLAN 41,954 0 41,954 0 41,954
007000 FGTF/WIC ADMINISTRATION 1,150,003 0 1,150,003 0 1,150,003
007000 FLORIDA PANDEMIC INFLUENZA 15,000 0 15,000 0 15,000
007000 HEALTH PROGRAM FOR REFUGEES 67,651 0 67,65] 0 67,651
007000 HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS (HOPW A) 0 0 0 0 0
007000 IMMUNIZA TION SUPPLEMENTAL 42,165 0 42,165 0 42,165
007000 IMMUNIZATION SPECIAL PROJECT 12,368 0 12,368 0 12,368
007000 MCH BGTF-GADSDEN SCHOOL CLINIC 0 0 0 0 0
007000 MCH BGTF-HEALTHY START IPO 0 0 0 0 0
007000 MCH BGTF-INFANT MORTALITY PROJECT 0 0 0 0 0
007000 MCH BGTF-MCH/CHILD HEALTH 11,251 0 11,251 0 11,251
007000 MCH BGTF-SCHOOL HEALTH BASIC 13,376 0 13,376 0 13,376
007000 MCH BGTF-OUTREACH SOCIAL WORKERS 0 0 0 0 0
007000 PHP-CITIES RESPONSE INITIATIVE 0 0 0 0 0
007000 RAPE PREVENTION & EDUCATION GRANT 0 0 0 0 0
007000 RISK COMMUNICATIONS 0 0 0 0 0
007000 RYAN WHITE 0 0 0 0 0
007000 RYAN WHITE. EMERGING COMMUNITIES 0 0 0 0 0
007000 RYAN WHITE-AIDS DRUG ASSIST PROG-ADMIN 77,951 0 77,951 0 77,951
007000 RYAN WHITE-CONSORTIA 0 0 0 0 0
A TT ACHMENT II. 10F
COLLIER COUNTY HEALTH DEPARTMENT
Part II. Sources of Contributions to County Health Department
October 1, 2006 to September 30,2007
State CRD County Total CRD
Trust Fund CRD Trust Fund Other
(cash) Trust Fund (cash) Contribution Total
3. FEDERAL FUNDS - State
007000 STD FEDERAL GRANT - CSPS 0 0 0 0 0
007000 STD PROGRAM - PHYSICIAN TRAINING CENTER 0 0 0 0 0
007000 STD PROGRAM INFERTILITY PREVENTION PROJECT (IPP) 5,624 0 5,624 0 5,624
007000 SYPHILIS ELIMINATION 0 0 0 0 0
007000 TESTING HIV SERONEGATIVE HEADQUARTERS 0 0 0 0 0
007000 TRAINING AND EDUCATION 4,000 0 4,000 0 4,000
007000 TUBERCULOSIS CONTROL - FEDERAL GRANT 106,203 0 106,203 0 106,203
007000 WEST NILE VIRUS & EPIDEMIOLOGY PROJECTS 2006 0 0 0 0 0
007000 WIC BREASTFEEDING PEER COUNSELING 26,306 0 26,306 0 26,306
007000 WIC BREASTFEEDING PEER COUNSELING PROG FFY 2005 0 0 0 0 0
007000 WIC INFRASTRUCTURE 10,047 0 10,047 0 10,047
015009 MEDIPASS WAIVER-HLTHY STRT CLIENT SERVICES 0 0 0 0 0
015009 MEDIPASS WAIVER-SOBRA 0 0 0 0 0
015075 TITLEXXIISCHOOL HEAL TH/SUPPLEMENT AL 0 0 0 0 0
015075 REFUGEE SCREENING REIMBURSEMENT 100,000 0 100,000 0 100,000
015075 NEW LINE 0 0 0 0 0
015075 NEW LINE 0 0 0 0 0
FEDERAL FUNDS TOTAL 2,434,830 0 2,434,830 0 2,434,830
4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE
001020 MIGRANT HOUSING PERMIT 24,000 0 24,000 0 24,000
001020 MOBILE HOME AND PARKS 22,500 0 22,500 0 22,500
001020 FOOD HYGIENE PERMIT 27,500 0 27,500 0 27,500
001020 BIOHAZARD WASTE PERMIT 23,900 0 23,900 0 23,900
001020 SWIMMING POOLS 225,000 0 225,000 0 225,000
001020 PRIVATE WATER CONSTR PERMIT 0 0 0 0 0
001020 PUBLIC WATER ANNUAL OPER PERMIT 9,000 0 9,000 0 9,000
001020 PUBLIC WATER CONSTR PERMIT 0 0 0 0 0
001020 NON-SDWA SYSTEM PERMIT 0 0 0 0 0
001020 GROUP CARE 10,000 0 10,000 0 10,000
001020 TANNING FACILITIES 6,000 0 6,000 0 6,000
001020 BODY PIERCING 300 0 300 0 300
001092 NON SDWA LAB SAMPLE 0 0 0 0 0
001092 OSDS VARIANCE FEE 0 0 0 0 0
001092 ENVIRONMENTAL HEALTH FEES 240,000 0 240,000 0 240,000
001092 OSDS REPAIR PERMIT 0 0 0 0 0
001092 OSDS PERMIT FEE 0 0 0 0 0
001092 1 & M ZONED OPERATING PERMIT 0 0 0 0 0
00 I 092 AEROBIC OPERATING PERMIT 0 0 0 0 0
001092 SEPTIC TANK SITE EV ALUA TION 0 0 0 0 0
001170 LAB FEE CHEMICAL ANALYSIS 0 0 0 0 0
001170 NONPOT ABLE WATER ANALYSIS 0 0 0 0 0
001170 WATER ANALYSIS-POTABLE 0 0 0 0 0
010304 MQA INSPECTION FEE 12,500 0 12,500 0 12,500
FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 600,700 0 600,700 0 600,700
5. OTHER CASH CONTRIBUTIONS - STATE
A TT ACHMENT II. lOr
COLLIER COUNTY HEALTH DEPARTMENT
Part II. Sources of Contributions to County Health Department
October 1, 2006 to September 30, 2007
State CHD County Total CHD
Trust Fund CHD Trust Fund Other
(cash) Trust Fund (cash) Contribution Total
5. OTHER CASH CONTRIBUTIONS - STATE
010304 STATIONARY POLLUTANT STORAGE TANKS 0 0 0 0 0
090001 DRAW DOWN FROM PUBLIC HEALTH UNIT 0 0 0 0 0
OTHER CASH CONTRIBUTIONS TOTAL 0 0 0 0 0
6. MEDICAID - STATE/COUNTY
001056 MEDICAID PHARMACY 185,425 264,200 449,625 0 449,625
001076 MEDICAID TB 15,310 21,815 37,125 0 37,125
001078 MEDICAID ADMINISTRATION OF VACCINE 9,785 9,785 19,569 0 19,569
001079 MEDICAID CASE MANAGEMENT 21,652 21,652 43,303 0 43,303
001080 MEDICAID OTHER 25,517 36,358 61,875 0 61,875
001081 MEDICAID CHILD HEALTH CHECK UP 0 0 0 0 0
001082 MEDICAID DENTAL 410,133 584,369 994,502 0 994,502
001087 MEDICAID STD 0 0 0 0 0
001089 MEDICAID AIDS 10,207 14,543 24,750 0 24,750
001147 MEDICAID HMO RATE 0 0 0 0 0
001191 MEDICAID MATERNITY 0 0 0 0 0
001192 MEDICAID COMPREHENSIVE CHILD 0 0 0 0 0
001193 MEDICAID COMPREHENSIVE ADULT 0 0 0 0 0
001194 MEDICAID LABORATORY 0 0 0 0 0
001083 MEDICAID F AMIL Y PLANNING 0 0 0 0 0
001208 MEDlPASS $3.00 ADM. FEE 425 425 850 0 850
MEDICAID TOTAL 678,453 953,146 1,631,599 0 1,631,599
7. ALLOCABLE REVENUE - STATE
018000 REFUNDS 0 0 0 0 0
037000 PRIOR YEAR WARRANT 0 0 0 0 0
038000 12 MONTH OLD WARRANT 0 0 0 0 0
ALLOCABLE REVENUE TOTAL 0 0 0 0 0
8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND - STATE
PHARMACY SERVICES 0 0 0 183,266 183,266
LABORATORY SERVICES 0 0 0 251,577 251,577
TB SERVICES 0 0 0 0 0
IMMUNIZATION SERVICES 0 0 0 630,960 630,960
STD SERVICES 0 0 0 0 0
CONSTRUCTION/RENOV A nON 0 0 0 0 0
WIC FOOD 0 0 0 5,799,020 5,799,020
ADAP 0 0 0 1,533,493 1,533,493
DENTAL SERVICES 0 0 0 0 0
OTHER (SPECIFY) 0 0 0 0 0
OTHER (SPECIFY) 0 0 0 0 0
OTHER STATE CONTRIBUTIONS TOTAL 0 0 0 8,398,316 8,398,316
9. DIRECT COUNTY CONTRIBUTIONS - COUNTY
008030 BCC Contribution from Health Care Tax 0 0 0 0 0
008034 BCC Contribution from General Fund 0 1,504,900 1,504,900 0 1,504,900
A TT ACHMENT II. lOF
COLLIER COUNTY HEALTH DEPARTMENT
Part II. Sources of Contributions to County Healtb Department
October 1, 2006 to September 30, 2007
State CHD County Total CHD
Trust Fund CHD Trust Fund Other
(cash) Trust Fund (cash) Contribution Total
BOARD OF COUNTY COMMISSIONERS TOTAL 0 1,504,900 1,504,900 0 1,504,900
10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY
001060 VITAL STATISTICS FEES OTHER 0 152 152 0 152
001077 RABIES VACCINE 0 0 0 0 0
001077 CHILD CAR SEAT PROG 0 0 0 0 0
001077 PERSONAL HEALTH FEES 0 211,768 211,768 0 211,768
001077 AIDS CO-PAYS 0 0 0 0 0
001094 LOCAL ORDINANCE FEES 0 621,192 621,192 0 621,192
001094 ADUL T ENTER. PERMIT FEES 0 0 0 0 0
001114 NEW BIRTH CERTIFICATES 0 68,037 68,037 0 68,037
001115 DEATH CERTIFICATES 0 189,836 189,836 0 189,836
001117 VITAL STATS-ADM. FEE 50 CENTS 0 3,803 3,803 0 3,803
FEES AUTHORIZED BY COUNTY TOTAL 0 1,094,788 1,094,788 0 1,094,788
11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY
001009 RETURNED CHECK ITEM 0 0 0 0 0
001029 THIRD PARTY REIMBURSEMENT 0 455,247 455,247 0 455,247
001029 HEALTH MAINTENANCE ORGAN. (HMO) 0 0 0 0 0
001054 MEDICARE PART D 0 0 0 0 0
001077 RYAN WHITE TITLE II 0 0 0 0 0
001090 MEDICARE PART B 0 136,500 136,500 0 136,500
005040 INTEREST EARNED 0 0 0 0 0
005041 INTEREST EARNED-STATE INVESTMENT ACCOUNT 0 15,000 15,000 0 15,000
007010 U.S. GRANTS DIRECT 0 0 0 0 0
010300 SALE OF GOODS AND SERVICES TO STATE AGENCIES 0 0 0 0 0
010301 EXP WITNESS FEE CONSUL TNT CHARGES 0 0 0 0 0
010405 SALE OF PHARMACEUTICALS 0 69,700 69,700 0 69,700
010409 SALE OF GOODS OUTSIDE STATE GOVERNMENT 0 0 0 0 0
011000 GRANT -DIRECT 0 42,000 42,000 0 42,000
011000 GRANT-DIRECT 0 15,000 15,000 0 15,000
011000 County Commissioner's - LIP FUND 0 185,900 185,900 0 185,900
011000 GRANT-DIRECT 0 34,036 34,036 0 34,036
011000 GRANT -DIRECT 0 24,000 24,000 0 24,000
01 ]000 GRANT -DIRECT 0 ]6,600 16,600 0 16,600
011000 GRANT -DIRECT 0 0 0 0 0
011000 GRANT-DIRECT 0 22,000 22,000 0 22,000
011001 HEAL THY START COALITION CONTRIBUTIONS 0 363,128 363,128 0 363,128
011007 CASH DONATIONS PRIVATE 0 0 0 0 0
012020 FINES AND FORFEITURES 0 11,264 11,264 0 11,264
012021 RETURN CHECK CHARGE 0 0 0 0 0
028020 INSURANCE RECOVERIES-OTHER 0 0 0 0 0
090002 DRA W DOWN FROM PUBLIC HEALTH UNIT 0 0 0 0 0
008010 Contribution from City Government 0 0 0 0 0
008020 Contribution from Health Care Tax not thru BCC 0 0 0 0 0
008050 School Board Contribution 0 0 0 0 0
OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 0 1,390,375 1,390,375 0 1,390,375
12. ALLOCABLE REVENUE - COUNTY
ATTACHMENT II.
COLLIER COUNTY HEALTH DEPARTMENT lor
Part II. Sources of Contributions to County Health Department
October 1, 2006 to September 30, 2007
State CRD County Total CRD
Trust Fund CRD Trust Fund Other
(cash) Trust Fund (cash) Contribution Total
12. ALLOCABLE REVENUE - COUNTY
018000 REFUNDS 0 0 0 0 0
037000 PRIOR YEAR WARRANT 0 0 0 0 0
038000 12 MONTH OLD WARRANT 0 0 0 0 0
COUNTY ALLOCABLE REVENUE TOTAL 0 0 0 0 0
13. BUILDINGS - COUNTY
ANNUAL RENTAL EQUIVALENT VALUE 0 0 0 526,648 526,648
BUILDING MAINTENANCE 0 0 0 70,455 70,455
INSURANCE 0 0 0 0 0
UTILITIES 0 0 0 0 0
GROUNDS MAINTENANCE 0 0 0 0 0
FACILITY OPERATING EXPENSE 0 0 0 340,100 340,100
OTHER (SPECIFY) 0 0 0 0 0
BUILDINGS TOTAL 0 0 0 937,203 937,203
14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND - COUNTY
EQUIPMENTIVEHICLE PURCHASES 0 0 0 0 0
VEHICLE INSURANCE 0 0 0 0 0
VEHICLE MAINTENANCE 0 0 0 0 0
OTHER COUNTY CONTRIBUTION (SPECIFY) 0 0 0 0 0
OTHER COUNTY CONTRIBUTION (SPECIFY) 0 0 0 0 0
OTHER COUNTY CONTRIBUTIONS TOTAL 0 0 0 0 0
GRAND TOTAL CHD PROGRAM 8,468,111 4,943,209 13,411,320 9,335,519 22,746,839
ATTACHMENT II. -lOF
COLLIER COUNTY HEALTH DEPARTMENT
Part III. Planned Staffmg, Clients, Services, And Expenditures By Program Service Area Within Each Level Of Service
October 1, 2006 to September 30, 2007
Quarterly Expenditure Plan
FTE's Clients 1st 2nd 3rd 4th Grand
(0.00) Units Services (Whole dollars only) State County Total
A. COMMUNICABLE DISEASE CONTROL:
VITAL STATISTICS (180) 2.53 0 0 27,116 33,029 29,757 36,755 126,657 0 126,657
IMMUNIZATION (101) 14.89 8,618 37,009 274,787 195,601 170,586 236,602 434,384 443,192 877,576
STD (102) 8.78 1,061 8,018 118,541 121,406 131,1] 1 133,746 356,512 148,292 504,804
A.I.D.S. (103) 17.59 1,263 8,576 487,788 538,815 493,021 498,336 1,218,041 799,919 2,017,960
TB CONTROL SERVICES (104) 10.68 1,236 ]0,5] 1 134,915 175,852 160,753 173,980 429,580 215,920 645,500
COMM. DISEASE SURV. (106) 5.85 0 1,839 94,939 117,963 99,580 107,037 218,821 200,698 419,519
HEPATITIS PREVENTION (109) 4.76 1,033 3,945 64,477 73,049 91,171 70,366 286,114 12,949 299,063
PUBLIC HEALTH PREP AND RESP (116) 8.55 0 1,548 293,080 87,333 101,839 158,971 529,522 111,701 641,223
COMMUNICABLE DISEASE SUBTOTAL 73.63 13,211 71 ,446 1,495,643 1,343,048 1,277,818 1,415,793 3,599,631 1,932,671 5,532,302
B. PRIMARY CARE:
CHRONIC DISEASE SERVICES (210) 3.09 3,190 1,968 58,267 88,533 94,984 53,750 197,387 98,147 295,534
TOBACCO PREVENTION (212) 1.00 0 701 14,680 16,692 24,214 12,195 12,681 55,100 67,781
HOME HEALTH (215) 0.00 0 0 0 0 0 0 0 0 0
W.I.C. (221) 28.79 12,865 ]03,112 342,406 369,925 415,387 466,038 1,593,756 0 1,593,756
F AMIL Y PLANNING (223) 1.34 991 1,977 56,728 54,666 44,012 44,494 157,181 42,719 199,900
IMPROVED PREGNANCY OUTCOME (225) 5.52 95 7,220 75,753 192,548 197,318 210,096 81,086 594,629 675,715
HEALTHY START PRENATAL (227) 17.85 2,119 28,003 196,167 3]0,8]5 233,954 238,982 492,115 487,803 979,918
COMPREHENSIVE CHILD HEALTH (229) 1.74 106 653 81,25] 91,453 89,468 30,085 122,]93 ] 70,064 292,257
HEAL THY START INFANT (231) 4.03 508 10,096 29,438 48,591 59,905 70,658 203,231 5,361 208,592
SCHOOL HEALTH (234) 7.08 0 113,009 133,266 9],504 86,640 124,067 355,872 79,605 435,477
COMPREHENSIVE ADULT HEALTH (237) 7.21 1,380 6,1 ]6 1 ]5,852 143,786 ]49,920 182,538 357,567 234,529 592,096
DENTAL HEALTH (240) 11.74 1,805 18,452 195,381 241,039 207,196 265,192 337,622 571,]86 908,808
PRIMARY CARE SUBTOTAL 89.39 23,059 291,307 ],299,]89 1,649,552 1,602,998 1,698,095 3,910,69] 2,339,143 6,249,834
C. ENVIRONMENTAL HEALTH:
Water and Onsite Sewage Programs
COASTAL BEACH MONITORING (347) 0.03 953 953 4,397 8,193 6,0]6 5,336 23,712 230 23,942
LIMITED USE PUBLIC WATER SYSTEMS (357) 0.79 108 388 11,]40 9,604 ] 1,052 14,983 34,939 11,840 46,779
PUBLIC WATER SYSTEM (358) 0.04 0 0 60 2,386 0 49 2,494 ] 2,495
PRIVATE WATER SYSTEM (359) 0.16 118 3,929 5,414 4,386 2,076 13,063 2,742 15,805
INDIVIDUAL SEWAGE DISP. (361) 6.68 2,782 11,201 108,443 129,498 120,738 134,359 276,348 216,690 493,038
Group Total 7.70 3,844 12,660 127,969 155,095 142,192 156,803 350,556 231,503 582,059
Facility Programs
FOOD HYGIENE (348) 3.47 253 1,202 44,773 70,877 48,301 45,655 204,240 5,366 209,606
BODY ART (349) 0.00 2 9 86 46 1 39] 504 20 524
GROUP CARE FACILITY (351) 0.62 312 573 6,794 11,063 8,005 8,071 8,160 25,773 33,933
MIGRANT LABOR CAMP (352) 3.44 274 1,625 63,688 56,414 60,811 96,101 27,014 250,000 277,014
HOUSING,PUBLIC BLDG SAFETY,SANITATlON (3:a.J}0 0 1 3 3 3 196 205 0 205
MOBILE HOME AND PARKS SERVICES (354) 0.51 92 331 4,069 6,072 1,915 14,673 26,208 521 26,729
SWIMMING POOLS/BATHING (360) 5.26 1,309 11,965 82,395 93,575 72,259 80,086 121,903 206,412 328,315
BIOMEDICAL WASTE SERVICES (364) 1.12 441 768 5,748 8,755 38,013 23,048 73,796 1,768 75,564
TANNING FACILITY SERVICES (369) 0.13 21 71 689 2,075 1,043 4,120 7,927 0 7,927
A TT ACHMENT II. 10:.'
COLLIER COUNTY HEALTH DEPARTMENT I
Part IlL Planned Staffmg, Clients, Services, And Expenditures By Program Service Area Within Each Level Of Service
October 1, 2006 to September 30, 2007
Quarterly Expenditure Plan
FfE's CHen ts 1st 2nd 3rd 4th Grand
(0.00) Units Serv ices (Whole dollars only) State County Total
C. ENVIRONMENTAL HEALTH:
Group Total 14.55 2,704 16,545 208,245 248,880 230,351 272,341 469,957 489,860 959,817
Groundwater Contamination
STORAGE TANK COMPLIANCE (355) 0.00 0 0 0 0 0 0 0 0 0
SUPER ACT SERVICE (356) 0.38 2 93 2,688 8,683 9,148 1,707 21,759 467 22,226
Group Total 0.38 2 93 2,688 8,683 9,]48 1,707 21,759 467 22,226
Community Hygiene
RADIOLOGICAL HEALTH (372) 0.00 0 0 95 70 0 162 4 166
TOXIC SUBSTANCES (373) 0.00 0 0 0 0 0 0 0 0 0
OCCUPATIONAL HEALTH (344) 0.35 0 268 1,649 6,063 8,893 5,056 21,661 0 21,661
CONSUMER PRODUCT SAFETY (345) 0.00 0 4 1 1 ] 78 81 0 81
INJURY PREVENTION (346) 0.00 0 0 152 0 0 153 0 153
LEAD MONITORING SERVICES (350) 0.01 0 16 5 257 0 131 384 9 393
PUBLIC SEW AGE (362) 0.00 0 0 0 0 0 0 0 0 0
SOLID WASTE DISPOSAL (363) 0.00 0 0 I 45 0 47 0 47
SANITARY NUISANCE (365) 0.02 0 0 16 712 18 433 1,150 29 1,179
RABIES SURVEILLANCE/CONTROL SERVICES (366)00 0 0 0 0 0 0 0 0 0
ARBOVIRUS SURVEILLANCE (367) 0.68 0 817 10,982 J 0,968 9,840 9,612 0 41,402 41,402
RODENT/ARTHROPOD CONTROL (368) 0.00 0 0 0 0 0 0 0 0 0
WATER POLLUTION (370) 0.00 0 0 0 0 0 0 0 0 0
AIR POLLUTION (371) 0.00 0 0 0 0 0 0 0 0 0
Group Total 1.06 0 1,105 12,90] 18,072 18,799 15,310 23,638 41 ,444 65,082
ENVIRONMENTAL HEALTH SUBTOTAL 23.69 6,550 30,403 351,803 430,730 400,490 446,161 865,910 763,274 1,629,184
D. SPECIAL CONTRACTS:
SPECIAL CONTRACTS (599) 0.00 0 0 0 0 0 0 0 0 0
SPECIAL CONTRACTS SUBTOTAL 0.00 0 0 0 0 0 0 0 0 0
TOTAL CONTRACT 186.71 42,820 393,156 3,146,635 3,423,330 3,281,306 3,560,049 8,376,232 5,035,088 13,411,320
2l
ATTACHMENT III
lor
COLLIER COUNTY HEALTH DEPARTMENT
CIVIL RIGHTS CERTIFICATE
The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans,
contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to
programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete
the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (or the subsequent replacement if adopted
during the contract period), if so requested by the department.
The applicant assures that it will comply with:
1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits
discrimination on the basis of race, color or national origin in programs and activities receiving or
benefiting from federal financial assistance.
2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination
on the basis of handicap in programs and activities receiving or benefiting from federal financial
assistance.
3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits
discrimination on the basis of sex in education programs and activities receiving or benefiting from
federal financial assistance.
4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination
on the basis of age in programs or activities receiving or benefiting from federal financial assistance.
5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis
of sex and religion in programs and activities receiving or benefiting from federal financial assistance.
6. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant
agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from
federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and
assignees for the period during which such assistance is provided. The applicant further assures that all
contracts, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to
participants or employees in connection with any of its programs and activities are not discriminating
against those participants or employees in violation of the above statutes, regulations, guidelines, and
standards. In the event of failure to comply, the applicant understands that the grantor may, at its
discretion, seek a court order requiring compliance with the terms of this assurance or seek other
appropriate judicial or administrative relief, to include assistance being terminated and further assistance
being denied.
2:
10~
ATTACHMENT IV
COLLIER COUNTY HEALTH DEPARTMENT
FACILITIES UTILIZED BY THE COUNTY HEALTH DEPARTMENT
Facility
Description
Location
Owned Bv
Collier County Health Department
& Public Services Building H
3301 E. Tamiami Trail
Building H, Naples
Collier County
Immokalee Satellite
419 North First Street
Immokalee
Collier County
Golden Gate WIC office
4945 Golden Gate Parkway
Unit 102, Naples
Benderson Development
2
lOF4
ATTACHMENT V
COLLIER COUNTY HEALTH DEPARTMENT
SPECIAL PROJECTS SAVINGS PLAN
IDENTIFY THE AMOUNT OF CASH THAT IS ANTICIPATED TO BE SET ASIDE ANNUALLY FOR THE PROJECT.
CONTRACT YEAR STATE
2004-2005 $ $
2005-2006 $ $
2006-2007 $ $
2007 -2008 $ $
2008-2009 $ $
PROJECT TOTAL $ 583,708 $
COUNTY
TOTAL
569,410
$
$
$
$
$
$
1,153,118
SPECIAL PROJECT CONSTRUCTION/RENOVATION PLAN
PROJECT NAME:
LOCATION/ ADDRESS:
PROJECT TYPE:
Renovation of CHD offices
Building H of the Collier County Government Complex
SQUARE FOOTAGE:
NEW BUILDING
RENOVATION X
NEW ADDITION
o
ROOFING
PLANNING STUDY
OTHER
PROJECT SUMMARY: Describe scope of work in reasonable detail.
The Collier County Health Department will be moving its Environmental Health Division from a satellite government complex
to the main building (Building H) of the government complex located on Tamiami Trail during 2005-2006 when the
space becomes available. Medical Records will be recarpeted and the main lobby will get a information Kiosk to be staffed
by administration.
Other operating programs will also be reconfigured during the time frame 2005-20010 including: School Health,
Disaster Preparedness, Family Health, WIC, Epidemiology, Vital Stats, Pharmacy, and clinic areas of Communicable
Disease. The Dental clinic will need to be expanded because of growth probably during the 2006-20010 time frame.
Also it is anticipated that Information Systems, Finance & Accounting, Human Resources,
and the Director's Office will be renovated in 2007-2010.
ESTIMATED PROJECT INFORMATION:
START DATE (initial expenditure of fundS) :
COMPLETION DATE:
Oct-05
Dec-10
DESIGN FEES:
CONSTRUCTION COSTS:
FURNITURE/EQUIPMENT
TOTAL PROJECT COST:
COST PER SQ FOOT:
$
$
$
$
$
1,350,000
#DIV/O!
Special Capital Projects are new contruction or renovation projects and new furniture or equipment
associated with these projects and mobile health vans.
2
~<,.,_._,..",_____~__'_O ____e.._._,,__""___
ATTACHMENT VI
COLLIER COUNTY HEALTH DEPARTMENT
PRIMARY CARE
10
"Primary Care" as conceptualized for the county health departments and for the use of categorical
Primary Care funds (revenue object code 015040) is defined as:
"Health care services for the prevention or treatment of acute or chronic medical conditions or minor
injuries of individuals which is provided in a clinic setting and may include family planning and
maternity care."
Indicate below the county health department programs that will be supported at least in part with
categorical Primary Care funds this contract year:
_X_
Comprehensive Child Health (229/29)
Comprehensive Adult Health (237/37)
Family Planning (223/23)
_X _ Maternal Health/IPO (225/25)
_X_
_X_
Laboratory (242/42)
Pharmacy (241/93)
Other Medical Treatment Program (please identify)
Describe the target population to be served with categorical Primary Care funds.
Does the health department intend to contract with other providers for the delivery of primary health
care services using categorical (015040) Primary Care funds? If so, please identify the provider(s),
describe the services to be delivered, and list the anticipated contractual amount by provider. In
addition, contract providers are required to provide data on patients served and the services provided
so that the patients may be registered and the service data entered into HCMS.
.___L"_'____.--,~""-;...-'--'
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ITEM NO.:
, :'
DATE RECEIVED:
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"j 'r. ;.:.;
FILE NO.:
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ROUTED TO:
REQUEST FOR LEGAL SERVICES
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DO NOT WRITE ABOVE THIS LINE
Date: Thursday, December 21, 2006
To: Office of the County Attorney
Attention: Colleen Green/Robert Zachary
From:
Linda Jackson Best, Contract Specialist t. J,f
Purchasing Department, Extension 8990 (f(J
Administrative Services Division
Re: Review of Change Order Number 3 to Contract 05-3852, Design and
Related Services for the South Regional Library
BACKGROUND OF REQUEST:
The attached work order ~ presented to the BCC On Tuesday,
November 28, Agenda Item (10) (I), moved from 16.E.8, in the amount
of $64,420.00, the BCC disapproved the original dollar amount,
however, have required the change order to be reduced to $37,780.00.
This item has not been previously submitted.
ACTION REQUESTED: Please review for Legal Sufficiency
(~T~ER C~~~~NTS' .
...
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Thank you!' ~\ ~, /' .'\'-_____/
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:1
CHANGE ORDER
CHANGE ORDER NO. ~
CONTRACT NO. 05-3852
BCC Date: October 11. 2005
Agenda Item: 16.E.2
TO: Schenkel Shultz Architecture
2640 Golden Gate Parkway. Suite 112
Naples. FL 34105
Attn: Jim Waterman. AlA
DATE: November 6, 2006
PROJECT NAME: South ReQional Library
PROJECT NO.: 52534
Under our AGREEMENT dated October 11. 2005.
You hereby are authorized and directed to make the following change(s) in accordance with
terms and conditions of the Agreement: The interior design concept was based on limited color
schemes, the project delivery team ultimately chose multiple schemes that required the architect and
their subconsultants spend more time on this project. Additionally, the site designer and exterior
architecture were again modified by direction of a Commissioner and the County Manager.
FOR THE Additive Sum of: Thirty seven thousand, seven hundred eighty dollars.
. - \ -,. .
Original Agreement Amount
$623.950.00
$28.090.00
$37,780.00
$689,820.00
($37,780.00)
.JW I vi..
'"7JO~d~'
Sum of Previous Changes
This Change Order (Add) (Deduct)
Present Agreement Amount
The time for completion shall be increased by 238 calendar days due to this Change Order.
Accordingly, the Contract Time is now Nine Hundred Ninetv Two (992) calendar days. The completion
date is AUQust 25, 2008. Your acceptance of this Change Order shall constitute a modification to our
Agreement and will be performed subject to all the same terms and conditions as contained in our
Agreement indicated above, as fully as if the same were repeated in this acceptance. The
adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of
the Contractor arising out of or related to the change set forth herein, including claims for impact and
delay costs.
Accepted: _~ W
CONTRACTOR:
Schenkel Shultz Architecture
,2006
OWNER:
B'
B,O, ARD O~ COMMISSIONERS
,':,~ ',q~~1 ~U . Y RIDA
,. \j \. ' ,I I ,:,'_ . _
...:;~ ~.,...~~r';=--'~</~' - ~
~Esf? ',".': />~j '. :::'Frank Halas, Commissioner
OW~G~TE. BReCK: ."
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"III'1If. , f
.:.~- P.~p'l,!N Oletk
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s
'(I U"") ~
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p~
By: /~~j;fp
Ron Hovell, P.E., Principal Proj. Manager
DEPARTMENT DIRECTOR
BYts~
Department of Facilities Management
DIVISION ADMINISTRATOR
By:
;ACYL p~
Len Price, Administrative Services
By:
Approved As To Form
and Legal Sufficiency:
L@f)JUA.fy! ~
/
Print Name: C-ol Jeen [Y1, 6reerte
Assistant County Attorney
l6A2
CONSTRUCTION. MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS-(INFRASTRUCTURE)
TIllS AGREEMENT entered into this _~.,., day of April. 2007 by BUCKSTONE
ESTATES. LLe. a Florida limited liability company (hereinafter "Developer"), THE BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA (hereinafter the
"'Board"). and ORION BANK. a Florida banking corporation (hereinafter "Lender").
RECITALS
A. Developer has. simultaneously with the delivery of this Agreement, applied for
the approval by the Board of a certain plat of a subdivision to be known as: Black Bear Ridge
Phase ilL
B. The subdivision will inelude certain improvements which are required by Collier
County ordinances. as set forth in a site construction cost estimate ("Estimate") prepared by Q.
Grady Minor & Associates. P .A.. a copy of which is attached hereto and incorporated herein as
Exhibit I. For purposes of this Agreement. the "Required Improvements" arc limited to those
described in the Estimate.
C Sections 10.02.05 and 10.02.04 of the Collier County Subdivision Code Division
of the Unified Land Development Code require the Developer to provide appropriate guarantees
!()r the construction and maintcnance ofthc Required Improvements.
D. Lcnder has entered into a construction loan agreement with Developer dated June
2.2005 (the "Construction Loan") to fund the cost of the Required Improvements.
E. Developcr and the Board have acknowledged that the amount Developer is
rcquired to guarantee pursuant to this Agreement is ONE HUNDRED THREE THOUSAND
FOUR HUNDRED FIFTY-FOUR AND OIIlOO DOLLARS ($103A54.01). and this amount
represents 110% of the Developer's engineer's estimate of the construction costs lor the
Required Improvements.
NOW. THEREFORE. in consideration of the ioregoing premises and mutual covenants
hereinafter set forth, Developer. the Board and the Lender do hereby covenant and agree as
f()I1ows:
I. Developer will cause the water. sewer. roads. drainage. and like facilities, the
Required Improvements. to be constructed pursuant to specifications that have been approved by
the Development Services Director within 12 months from the date of approval of said
subdivision plat.
2. Developer hereby authorizes Lender to hold ONE HUNDRED TIlREE
THOUSAND FOUR HUNDRED FIFTY-FOUR AND 01/100 DOLLARS ($103A54.01) from
the Construction Loan. in escrow. pursuant to the terms of this Agreement. The current Orion
Bank account number for this account is 8500006690.
16A2
3. Lender agrees to hold in escrow ONE HUNDRED THREE THOUSAND FOUR
HUNDRED FIFTY-FOUR AND 01/100 DOLLARS ($103,454.01) from the Construction Loan,
to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall
not constitute a draw against the Construction Loan fund, but that only such funds as are actually
disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall
accrue interest.
4. The escrowed funds shall be released to the Developer only upon written approval
of the County Manager or his designee who shall approve the release of the funds on deposit not
more than once a month to the Developer, in amounts due for work done to date based on the
percentage completion of the work multiplied by the respective work costs less ten percent
(10%); and further, that upon completion of the work, the County Manager or his designee shall
approve the release of any remainder of escrowed funds except to the extent of$35,731.71 which
shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements
for a minimum period of one (l) year pursuant to Paragraph 10 of the Agreement. However, in
the event that Developer shall fail to comply with the requirements of this Agreement, then the
Lender agrees to pay to the County immediately upon demand the balance of the funds held in
escrow by the Lender, as of the date of the demand, provided that upon payment of such balance
to the County, the County will have executed and delivered to the Lender in exchange for such
funds a statement to be signed by the County Manager or his designee to the effect that:
(a) Developer for more than sixty (60) days after written notification of such failure
has failed to comply with the requirements of this agreement;
(b) The County, or its authorized agent, will complete the work called for under the
terms of the above-mentioned contract or will complete such portion of such work as the
County, in its sole discretion shall deem necessary in the public interest to the extent of
the funds then held in escrow;
(c) The escrow funds drawn down by the County shall be used for construction of the
Required Improvements engineering, legal and contingent costs and expenses, and to
offset any damages, either direct or consequential, which the County may sustain on
account of the failure of the Developer to carry out and execute the above-mentioned
development work; and,
(d) The County will promptly repay to the Lender any portion of the funds drawn
down and not expended in completion of the said development work.
5. Written notice to the Lender by the County specifying what amounts are to be
paid to the Developer shall constitute authorization by the County to the Lender for release of the
specified funds to the Developer. Payment by the Lender to the Developer of the amounts
specified in a letter of authorization by the County to the Lender shall constitute a release by the
County and Developer of the Lender for the funds disbursed in accordance with the letter of
authorization from the County.
6. The Required Improvements shall not be considered for preliminary approval
until a statement of substantial completion by Developer's engineer along with the final project
16A2
records have been furnished to be reviewed and approved by the County Manager or his
designee for compliance with the Collier County Subdivision Regulations.
7. The County Manager or his designee shall, within sixty (60) days ofreeeipt of the
statement of substantial completion, either: a) notify the Developer in writing of his preliminary
approval of the improvements; or b) notify the Developer in writing of his refusal to approve the
improvements, therewith specifying those conditions which the Developer must fulfill in order to
obtain the Director of the Required Improvements. However, in no event shall the County
Manager or his designee refuse preliminary approval of the improvements if they are in fact
constructed and submitted for approval in accordance with the requirements of this Agreement.
8. Should the funds held in escrow be insufficient to complete the Required
Improvements, the Board, after duly considering the public interest, may at its option complete
the Required Improvements and resort to any and all legal remedies against the Developer.
9. Nothing in this Agreement shall make the Lender liable for any funds other than
those placed in deposit by the Developer in accordance with the foregoing provision; provided,
that the Lender does not release any monies to the Developer or to any other person except as
stated in this Escrow Agreement to include closing the account or disbursing any funds from the
account without first requesting and receiving written approval from the County.
10. The Developer shall maintain all Required Improvement for one year after
preliminary approval by the County Manager or his designee. After the one year maintenance
period by the Developer and upon submission of a written request for inspection, the County
Manager or his designee shall inspect the Required Improvements and, if found to be still in
compliance with the Code as reflected by final approval by the Board, the Lender's
responsibility to the Board under this Agreement is terminated. The Developer's responsibility
for maintenance of the Required Improvements shall continue unless or until the Board accepts
maintenance responsibility for and by the County.
I 1. All of the terms, covenants and conditions herein contained are and shall be
binding upon the respective successors and assigns of the Developer and the Lender.
(Remainder of Page Intentionally Left Blank- Signatures Begin on Next Page)
16A2
IN WITNESS WIlEREOF. the Board and the Developer have caused this Agreement to
be executed by their duly authorized representatives this ~;I'{ day of April, 2007.
i~ j~
(-p;:~~} :Jtdt"'l'-r ~-rEiZ-t' )
-"=:l.)h,'J't-'-.-
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Oar ~~-~ R- ti-
(Print Namc: - It. 7 )
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(Print Name aO(a H{)/f(JLf
ATITST:
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",4i1Ahes;, a ~ t-iJ Chit,...,. ,
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ApproHd:a:\:tb.fcf~ti'-hl1d legal sufficiency:
~}4 . l)\:.'~~'
.
Assistant County Attorney
DEVELOPER:
BUCKSTONE ESTATf':S. LLC
a Florida limited liability company
By: Catalina Land Group.
a Florida corporation.
its Manager
ByLJ/~ y ~r-<-..
William L. Hoover. President
LENDER:
Orion Bank.
a Florida lking corporation
By:
Namc: I~TItI'ck )::: /Tl/~~
Title: .5~d//'/t, ~, CE I'tIf"c.$, 'Ae;(/" r
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORmA
JAM
" ,-,-,,1-<1,,-, ,I,;", -",'.1<;",:,1", ",-,-.,
,','d'
""." ,"" "" VI.,'''" """1'''''''''''''''_ I'II_\~I'I;:"",
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
(Print on pink: paper. Attach to original document. Original documents should be hand delivered to the Board Office. The
completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on
the item.)
ROUTING SLIP
eomplete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is
already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the
1681
checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information, All original documents needing the BCC Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Margaret Bishop Phone Number (239) 213-5857
eontact
Agenda Date Item was 11/28/06 Agenda Item Number 16BI
Approved by the Bee
Type of Document SFWMD Grant Amendment Number of Original 2
Attached Documents Attached
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the ehairman, with the exception of most letters, must be reviewed and signed
by the Office of the eounty Attorney. This includes signature pages from ordinances, ..)"rte if.
resolutions, etc. signed by the eounty Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BeC
Chairman and Clerk to the B.oard and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's ~8'--6
Office and all other parties except the BCC ehairman and the Clerk to the Board
3. The ehairman's signature line date has been entered as the date of Bee approval of the /if tf~
document or the final negotiated contract date whichever is applicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the ehairman's ?r((1d--
signature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the Bce office within 24 hours ofBCe approval. '/A1.fl
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BeC on 11/28/06 and all changes made during the
meeting have been incorporated in the attached document. The eounty Attorney's Office '/fla-L
has reviewed the changes, if applicable.
INSTRUCTIONS & CHECKLIST
I: Forms! County Forms/ Bec Fonus/ Original Documents Routing Slip
WWS Original 9.03.04
MEMORANDUM
Date:
November 29, 2006
To:
Margaret A. Bishop, Sr. Project Manager
Transportation/S tormwater Mgmt.
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
SFWMD Grant Amendment
Enclosed please find two (2) original documents, as referenced above,
(Agenda Item #16Bl), which was approved by the Board of County
Commissioners on Tuesday, November 28, 2006.
Please forward to the appropriate parties for signatures and return a fully
executed original to the Minutes and Records Department.
If you should have any questions, please call me at 774-8411.
Thank you.
Enclosures (2)
1681
f)
ORIGINAl16 B 1
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
OT050976-A02
SAP# 3600000933
AMENDMENT NO.2
TO CONTRACT NO. OT050976 / SAP 3600000933
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY
This AMENDMENT NO.2, entered into on Nnvpmhpr?R, ?OOfi ,to
that CONTRACT dated May 31, 2005, between "the Parties," the South Florida Water
Management District (DISTRICT), and Collier County (COUNTY).
WITNESSETH THAT:
WHEREAS, the CONTRACT may be amended with the prior written approval of the
parties; and
WHEREAS, the parties wish to amend the CONTRACT in order to increase funding,
and modify the Payment and Deliverables Schedule of the CONTRACT;
NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual
benefits flowing from each to the other, do hereby agree as follows:
1. The monetary consideration for the CONTRACT is hereby increased by an amount not-
to-exceed One Hundred Thousand Dollars ($100,000.00), for a total revised
CONTRACT amount not-to-exceed Eight Hundred Fifty Thousand Dollars
($850,000.00).
2. The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit
"D2", attached hereto and made a part of this AMENDMENT NO.2.
3. This AMENDMENT NO.2 shall be effective upon the date of execution by the parties.
4. All other terms and conditions of the CONTRACT, as amended, remain unchanged.
Amendment No.2 to Contract No OT050976 SAP 3600000933 -- Page I of2
1681
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby
execute this AMENDMENT NO.2 on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
By:
Frank Hayden, Procurement Director
SFWMD PROCI7'!"'" ~pp;:rtJ __
By: ~'P.{~
Date: If} - ~ '-1- 0" ~~
COLLIER COUNTY.
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By:
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FRANK HALAS
Title: eHAIRMAN
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Amendment No 2 to Contract No OT050976 SAP 3600000933 -- Page 2 of 2
1
EXHIBIT "D2"
PAYMENT AND DELIVERABLES SCHEDULE
. A summary deliverable and payment schedule associated with this project is set forth below.
Specific deliverables associated with each task are in the summary table below. Due dates
for all deliverables are set forth below. All deliverables submitted hereunder are subject to
review and acceptance by the District. Acceptability of all work will be based on the
judgment of the District that the work is technically complete and accurate.
. Payment shall be made following receipt and acceptance by the District of project invoices in
accordance with the schedule set forth below. All invoices shall be accompanied by adequate
documentation to demonstrate completion of each task in accordance with Exhibit "C"
Statement of Work requirements.
. Total payment by the District for all activities hereunder shall not exceed the amount of
$850,000.00. The District's cost share amount shall not exceed 50% of the total project cost.
60% Design Plans
Complete
$50,000
$100,000
Task 1:
Design/Permitting
Notice-to-Proceed with Design Complete
100% Design Plans and 1 month
Permits
Construction Notice-to-Proceed
Construction
Construction 50% Com letion Certification 10 months
Construction Substantial 16 months
Com letion Certification
Task 4: Final Letter Final Letter Report with 18 months
Report Certificate of Com letion
NOT -TO-EXCEED PROJECT TOTAL $850,000
$150,000
Task 2:
Biddin
Task 3:
(note 1)
with 4 months
$50,000
$500,000
n/a
n/a
* All dates are referenced from the date of execution of this amendment and are estimated.
* * The District shall only be obligated to pay for documented actual expenditures within the not-
to-exceed amounts specified above. In the event actual expenditures by the County are less than
the not-to-exceed for a particular task, the County shall have the right to apply the unexpended
balance towards a subsequent task. The County shall provide written notice of its decision to
exercise this right. In no event shall the District's total obligation exceed $850,000 as specified
above for this agreement. The County is responsible for any additional funds either through
local revenues, grants, other appropriations, and/or other funding sources.
Note 1: Pay requests for construction may be submitted quarterly.
Page 1 of I, Exhibit "D2", Agreement No, OT050976-A02 SAP 3600000933
1682
MEMORANDUM
Date:
December 15, 2006
To:
Brenda Brilhart, Purchasing Agent
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract #06-4060
"Fourteenth Street Outfall Improvement Project"
Contractor: TBE Group
Attached please find three (3) original documents, as referenced above,
(Agenda Item #16B2), approved by the Board of County Commissioners
on Tuesday, November 28, 2006.
An original has been retained in the Minutes and Records Department and
one has been sent to the Finance Department.
If you should have any questions, please contact me at 774-8411.
Thank you.
Attachments (3)
ITEM NO.:
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FILE NO.:
ROUTED TO:O b - f /iC-e:tt761 2--
DO NOT WRITE ABOVE TillS LINE
REQUEST FOR LEGAL SERVICES
Date:
December 8, 2006
To:
Robert Zachary
Assistant County Attorney
From: @ Brenda Brilhart,
Purchasing Agent
Re:
Contract #07-4060 "Fourteenth Street Outfall Improvement Project"
Contractor: Quality Enterprises USA, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on November 28, 2006.
Agenda Item: 16.B.2
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approyal. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
11((3/0b-(f2~~()K.-- @
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Memorandum
DATE:
December 8, 2006
TO: Jeff Walker, Director
Risk Management Department
:\
FRO~ ) Brenda ~rilhart,
C-// Purchasmg Agent
RE:
Review of Insurance for: #07-4060 "Fourteenth Street Outfall
Improvement Project"
Contractor: Quality Enterprises USA, Inc.
This Contract was approved by the BCC on November 28,2006 Agenda 16.B.2
Please review the Insurance Certificate and Payment and Performance Bonds in this
Agreement for the referenced Contract. If everything is acceptable, please forward to the
County Attorney for further review and approval. r would appreciate it if you would
advise me when it has been forwarded.
rfyou have any questions, please contact me at 239-774-8446.
cc: Gianfranco Nicolaci, Stormwater
"
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TPA#1953633.11
'4 "2
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Fourteenth Street Outfall Improvement Project
COLLIER COUNTY BID NO. 07-4060
COLLIER COUNTY, FLORIDA
Design Professional:
TBE Group
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
1682
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT 0: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by TBE Group
and identified as follows:
Fourteenth Street Outfall Improvement Project
as shown on Plan Sheets 1 through 8.
EXHIBIT N: Contractor's List of Key Personnel
EXHIBIT 0: Stored Materials Records
l~h
'I,J
~~
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
Fourteenth Street Outfall Improvement Project
COUNTY BID NO. 07-4060
Separate sealed bids for the construction of Fourteenth Street Outfall Improvement
Project, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the
Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building,
Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the
31st day of October 2006, at which time all bids will be publicly opened and read aloud.
Any bids received after the time and date specified will not be accepted and shall be
returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building uG" at 10:00 a.m. LOCAL TIME on the 17th
day of October 2006, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Fourteenth Street Outfall Improvement Project, Bid No.
07 -4060 and Bid Date of October 31, 2006. No bid shall be considered unless it is
made on an unaltered Bid form which is included in the Bidding Documents. The Bid
Schedule (GC-P-1 through GC-P-12) shall be removed from the Bidding Documents
prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined at the
Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida
34112.
Copies of the Bidding Documents may be obtained only at the offices of the Purchasing
Department, upon payment of $25.00 for each set of documents to offset the cost of
reproduction. Return of the documents is not required, and the amount paid for the
documents is nonrefundable.
The following plan room services may have obtained copies of the Bidding Documents
for the work contemplated herein:
McGraw-Hili Construction Dodge
2830 Winkler Avenue, Suite 104A
Ft. Myers, FL 33916
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
TPA#1953633,11
GC-PN-1
16B 2
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within ninety (90)
calendar days from and after the Commencement Date specified in the Notice to
Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 29th day of September 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TPA#1953633.11
GC-PN-2
1682
PART B -INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-12 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
TPA#1953633.11
GC-fB-1
-" __e'".._,'....v.,________"_."___"~,_,~~,____~__,._"_,,~.~,.""'..".,."_,.,_.."'__,..,.". -<I
1682
location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Reauirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder1s maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Riaht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
TPA#1953633.11
GC-I B-2
Section 5. Signina of Bids
I 68 2!''''
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
TPA#1953633.11
GC-IB-3
I S 9 2 J..,
opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material ReQuirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
TPA#1953633.11
GC-IB-4
1682
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Award of Contract shall be issued to the lowest, responsive and qualified
Bidder determined on the basis of the entire Bid and the Owner's investigations of the
Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall
consider the capability of the Bidder to perform the contract in a timely and responsible
manner. When the contract is awarded by Owner, such award shall be evidenced by a
written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing
Department or his or her designee and delivered to the intended awardee or mailed to
awardee at the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
TPA#1953633.11
GC-IB-5
1682
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
TP A#1953633 .11
GC-IB-6
1632 '"
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
TPA#1953633.11
GC-IB-7
1682
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING SERVICES BUILDING
NAPLES, FLORIDA 34112
(239) 774-8407
FAX (239) 530-6697
www.colIiergov.net
ADDENDUM
DATE:
October 25, 2006
TO: Interested Bidders
FROM: cVsrenda Sri/hart
SUBJECT: Addendum # 1 - BID #07-4060 - "Fourteenth Street Outfall
Improvement Project"
Addendum #1 covers the following clarifications for the above-referenced Bid.
CLARIFICA TlON: General Note No. 38 on Sheet 2 of 6 of the Construction Plans calls
for the Owner to provide field tests to monitor construction quality. General Note No. 38
shall be considered deleted and of no affect. All field tests shall be the responsibility of
the Contractor as provided for under 22.2 on page GC-CA-H-18 in Exhibit H, General
Terms and Conditions of the Bid Documents.
If you require additional information please call Gian Nicolaci, Project Manager at 239/
213-5859 or Brenda Bri/hart, @ 239/774-8446 or via e-mail BrendaBrilhart@
colliergov.net.
cc: Gian Nicolaci, Stormwater
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ORIGlNAL
1682
Fourteenth Street Outfall Improvement Project
BID NO. 07-4060
Full Name of Bidder Quality Enterprises USA, Inc.
Main Business Address 3894 Mannix Drive, Suite 216, Naples, FL 34114-5406
Place of Business Same
Telephone No. 239-435-7200
Fax No. 239-435-7202
State Contractor's License # CBCA5 7231, CUC05 7398
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications, including Addenda issued
thereto and acknowledges receipt below:
Addendum
Number
1
Date Issued
Contractor's
~~als
~JV\
I
10/25/06
Bidder proposes, and agrees jf this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your
bid pages.
TPA#1953633.11
GC-P-1
168211
BID SCHEDULE
Fourteenth Street Outfall Improvement Project
Bid No. 07-4060
TPA#1953633.11
GC-P-2
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MATERIAL MANUFACTURERS
The Bidder is required to state below, material manufacturers it proposes to utilize on
this project. No change will be allowed after submittal of ,Bid. If substitute material
proposed and listed below is not approved by Engineer, Bidder shall furnish the
manufacturer named in the specification. Acceptance of this Bid does not constitute
acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR
BID WILL BE DEEMED NON-RESPONSIVE.
MATERIAL
MANUFACTURER
1.
Rep Pipe & Structures
2.
3.
Hanson Pipe
4.
5.
Dated 10/31/06
BY:
Inc.
TPA#1953633.11
GC-P-3
1682
LIST OF SUBCONTRACTORS
The undersigned states that the following is a full and complete list of the proposed
Subcontractors it intends to use on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior
written consent of the Project Manager. The undersigned further acknowledges its
responsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but
not limited to proper licenses, certifications, registrations and insurance coverage. The
Owner reserves the right to disqualify any Bidder who includes non-compliant or non-
qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is
found to be non-compliant with this requirement either before or after the issuance of
the Award of Contract by Owner. THIS LIST MUST BE COMP~ETED OR BID WILL BE
DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the
undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder
shall identify all Subcontractors it intends to use on the Project. The undersigned
further agrees that all Subcontractors subsequently identified for any portion of work on
this Project must be qualified as noted above.
Cateqory of Work
Subcontractor and Address
1.
None
2.
3.
4.
5.
Dated
10/31/06
BY:
Inc.
TPA#1953633.11
GC-P-4
.__.__....._>._.~....,..~....~-"-,._---,..._._~._""-_.-,.,.-
1682
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and Location
Reference
1.
Westlake Outfall Improvements
Naples, FL
Gianfranco Nicolaci, Collier County
Stormwater Management Dept.
239-213-5859
2.
Lely Golf Estates Drainage Improvements
Naples, FL
Gianfranco Nicolaci, Collier County
Stormwater Management Dept.
239-213-5859
3.
Davis Boulevard Interconnect
Naples, FL
Ron Dillard. Collier County Public
Utilities Engineering
239-530-5338
4.
Pine Ridge Subdivision Drainage
Naples, FL
Jerry Kurtz, Collier County Stormwater
Management Dept.
239-253-7251
5.
6.
Dated 10/31/06
BY:
USA. Inc.
Pau
y, Vice President
TPA#1953633.11
GC-P-5
TRENCH SAFETY ACT
1682
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety
Measure
(Description)
1.
Slope
2.
3.
4.
5.
U nits of
Measure
(LF,SY)
Unit
(Quantity)
Unit
Cost
Extended
Cost
$ 4,053.00
TOTAL
$ 4,053.00
BY:
LF
1,351
$ 3.00
Failure to complete the above may result in the Bid being declared non-responsive.
Dated 10/31/06
TPA#1953633.11
Inc.
y, Vice President
GC-P-6
16~2
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within sixty (60) consecutive
calendar days, computed by excluding the commencement date and including the last
day of such period, and to be fully completed to the point of final acceptance by the
Owner within thirty (30) consecutive calendar days after Substantial Completion,
computed by excluding commencement date and including the last day of such period.
Respectfully Submitted:
State of Florida
County of Collier
Paul J. Moriarty , being first duly sworn on
oath deposes and says that the Bidder on the above Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them.
Paul J. Moriarty , also deposes and says
that it has examined and carefully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
TPA#1953633.11
GC-P-7
16B2
(a) Corporation
The Bidder is a corporation organized and existing under the laws of the State of
Virginia which operates under the legal name of
Quality Enterprises USA, rnc. , and the full names of its
officers are as follows:
President Howard J. Murrell
Secretary Stacey L. Murrell
Treasurer
Manager
---the is authorized to ::;ign l.:u/J::i[1 uction bids
d contracts for the com an b action of its Board of Directors taken
_--.--.----,-a certified Gopy-ofwhicb jsheretQ__aJi;;:lche~L~_ r
out tt~:~erll:enceif not applicable).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
The co-partnership does business under the regal name of:
(c) Individual
The Bidder is an individual whose full name is
and if operating under a trade name, said trade name is
DATED 10/31/06
legal entity
TPA#1953633.11
GC-P-8
~~
. v rtt
ilness . san Schul
~~audiO
16B 2
BY:
Quality Enterprises USA, Inc.
Name Bidder (Typed)
Sign
[J Moriarty
Title
3894 Mannix Drive, Suite 216
Naples, FL 34114-5406
Incorporated in the State of Virginia
STATE OF Florida
COUNTY OF Collier
The foregoing instrument was acknowledged before me this 31st day of October
2006, by Paul J. Moriarty , as Vice President
of Qu;:!Jity Enterpri!':e8 USA, TnC'. , a Vireini;:! corporation, on
behalf of the corporation. He/she is personally known to me or has produced
N/ A as identification
and did (did not) take an oath.
...~~::.."'", MARCIE L COHEN
f.r/;;.'~ MY COMMISSION # DD 501526
w~~':.~ EXPIR.ES: February 11, 2010
'~";.if.:r.it-.. Bonded Thill Notary PubUc Underwrite",
~~
(Signature of Notary)
My Commission Expires: 2/11/10
NAME:
Marcie L. Cohen
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of Florida
Commission No.: DD 501526
TPA#1953633.11
GC-P-9
- - -, ~..." ................. - -- - ..... - . ....... w -.- -.. -. - - _ _ _ J - . . - - _ .l. _ _ w . _
... 1'....'.' 2
lOb
810 BOND
KNOW ALL MEN BY THESE PRESENTS, that we Quality Enterprises USA, Inc.
3894 Mannix Drive, Suite 2~6; Naples, FL 34114-5406 (herein after called the Principal) and
r ravel ers ~sua lty and Surety 9roPany of ftlreri ca; 300 ArboretLrn Pkwy., Sui te 390; Ri chrrorK:l , VA ?3236
(herein called the Surety), a .corporation chartered and existing under the laws of the
State of Connecticut _ with its principal offices in the ~ity of Hartford
and authorized to do business in the State of Florlda are held and
firmly bound unto the Board of County Camrissioners, Collier County, Florida
(hereinafter called the Owner), in the full and just sum of
Five (5%) Percent tlmJunt of The Bid dol/ars ($ 5% Amt. Bid )
good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid .for
furnishing all labor, rnateri~ls, equipment and incidentals necessary to furnish, install,
and fully complete the Work on the Project known as_
Fourteenth Street Outfall Improvement Project
Bid No. 07-4060
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Award in accordance with the terms of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor, materials and
supplies furnished ill the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver. to
Owner the required certificates of insurance, jf the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $ 5% Amt. Bid noted above as liquidated damages, and not as a
penalty, as provided in the Bidding Documents, then this obligation shall be null and void,
otherwise to remain in full force and effect.
TP A#i 9(}3633, 11
GC-P-10
- - -, .....' .... "'" - """ - -- - ......' ""'. - --- ...... - - -. - - - .I - . . - - - .L - - - - -
16B2
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed thIs 21st day of October ~ 12006.
BY
Principal
(Seal)
Surety
(Seal)
Travelers Casualty and Surety CaJpany of Jllrerica
TPA#1953633.11
GC~P-11
POWER OF ATTORNEY
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
~STPAUL
. TRAVELERS
Farrilington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
Attorney-In Fact No.
217735
1682
St. Paul Guardian Insurance Company
cSt. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 0 0 11 7 6 4 8 8
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that SI. Paul
Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company and SI. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Fannington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
John C. Stanchina, Hunter F. Avery, Kathleen M. Ferrigno, elaudia M. e1arkson, Patricia L. Lewis, Jessica J. Winfree, Jeffrey Mark
Johnson, elinton J. Diers, Joann E. Stahr, and Jacqueline E. Joiner
of the City of Richmond , State of Virginia , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies i:~~~usiPess ~uaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or P~,,":~in ~~ons \\,Ceedings allowed by law.
~~~~~~~~\)
IN WITNESS WHEREOF, the Companies have caused this ins~~~e ~nc\~d l~~~rate seals to be hereto affixed, this
.-. -' f September 2006 .<'. ~:<>. ..... ~ V
'~ay 0 ,..,.. *"\-4.';,.') ~<\.,. ~~
Farmington Casualty cq'V~~) di,"d 0 <t. " .
Fidelity and Guaranty~lrranf~~J'lhPa~OV'"
Fidelity and Guaranty ku~ce"Underw~hlrs, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
o
~
State of Connecticut
City of Hartford ss.
11th
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
By:
11 th September 2006 .
On this the day of , hefore me personally appeared George W. Thompson, who acknowledged hImself
to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.,
Seaboard Surety Company, SI. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
_ My Commission expires the 30th day of June, 20 II,
58440-6-06 Printed in U.S.A.
'\f\w c. j~
'- Marie C. Tetreault, Notary Public
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Anorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casu p ty
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc" Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,
St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of
America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
'-"~SOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
resident, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a wrinen delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate
relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and
undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance c;,omp~ St. Paul Guardian Insurance Company, St. Paul Mercury Insurance
Company, Travelers Casualty and Surety Company, Travelers Casualty and su~65mp~~ericai"\lnd United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the p~we\~.,1\.tto~-.ey~i!buled b~t;t.'companies, which is in full force and effect and has not been
revoked. ~ t..)?~ ~~~)' ~:'4.J. ~ \.)
<f" _, ~O~ S '}" .. ~~)
-l'N TESTIMONY WHEREOF, I have hereunto set my hand and l\flu:~ s 'S saidl,(!~.lanies this 31st. day of
1 r-V~7~ ) ~:~)or}J
"iJ! :t~'~
4'O~~"" ()<:5 ~~
~)- . '1~<\.,1J- O~
"'~~ 1>.. ~
October
,20 06.
Kori M. Johans
a
~~
€>
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney-In-Fact number,
the above-narned individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
1682
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed,
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
8. Any addenda have been signed and included.
9. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11. The mailing envelope must be sealed and marked with:
<=>Bid Number;
<=>project Name;
<=>Opening Date.
12. The Bid will be mailed or delivered in time to be received no later than the
specified openinq date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
J. Moriarty, Vice President
TPA#1953633.11
GC-P-12
1682
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Quality Enterprises USA, Inc. ("Contractor") of 3894
Mannix Drive, Suite 216, Naples, FL 34114-5406, a corporation, authorized to do
business in the State of Florida, to perform all work ("Work") in connection with
Fourteenth Street Outfall Improvement Project, Bid No. 07-4060 ("Project"), as said
Work is set forth in the Plans and Specifications prepared by TBE Group, the Engineer
and/or Architect of Record ("Design Professional") and other Contract Documents
hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: four hundred eighty two thousand
eight hundred ninety five dollars and eighteen cents ($482,895.18).
GC-CA-1
--"-"""''''''-''''''-''.'''""''~''''''''"'-''-
1 S B 2' t"
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 1 00% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas.qov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and liQuidated Damages.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within sixty (60) calendar days from
the Commencement Date (herein "Contract Time"). The date of Substantial Completion
of the Work (or designated portions thereof) is the date certified by the Design
Professional when construction is sufficiently complete, in accordance with the Contract
Documents, so Owner can occupy or utilize the Work (or designated portions thereof)
for the use for which it is intended. Contractor shall achieve Final Completion within
thirty (30) calendar days after the date of Substantial Completion. Final Completion
shall occur when the Agreement is completed in its entirety, is accepted by the Owner
as complete and is so stated by the Owner as completed. As used herein and
throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's
duly authorized representative and shall mean the Division Administrator or Department
Director, as applicable, acting directly or through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
GC-CA-2
_"_~"~,----;........,~-", --"'I
1682
i ~
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, two hundred and fifty
six ($256.00) for each calendar day thereafter until Substantial Completion is achieved.
Further, in the event Substantial Completion is reached, but the Contractor fails to reach
Final Completion within the required time period, Owner shall also be entitled to assess
and Contractor shall be liable for all actual damages incurred by Owner as a result of
Contractor failing to timely achieve Final Completion. The Project shall be deemed to
be substantially completed on the date the Project Manager (or at his/her direction, the
Design Professional) issues a Certificate of Substantial Completion pursuant to the
terms hereof. Contractor hereby expressly waives and relinquishes any right which it
may have to seek to characterize the above noted liquidated damages as a penalty,
which the parties agree represents a fair and reasonable estimate of the Owner's actual
damages at the time of contracting if Contractor fails to Substantially or Finally
Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
G. Final Acceptance by Owner.
GC-CA-3
1682
1~
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Exhibit 0:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by TBE Group
and identified as follows: Fourteenth Street Outfall Improvement
Project
as shown on Plan Sheets 1 through 8.
Contractor's List of Key Personnel
Stored Materials Record
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
Gianfranco Nicholaci, Project Manager
Collier County Storm Water Department
2885 S. Horseshoe Drive/Naples, Florida 34104
(239) 213-5859
GC-CA-4
1682
:l ~
1
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
Paul J. Moriarty, Vice President
Quality Enterprises USA, Inc.
3894 Mannix Drive, Suite 216
Naples, FL 34114-5406
(239) 435-7200
(239) 435-7202
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assians.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
GC-CA-5
1682
Section 11. Governina Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire Aareement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Chanae Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
GC-CA-6
16B 2
"J
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
GC-CA-7
1682 rei'
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
CONTRACTOR:
By:
Quality Enterprises USAJ Inc.
~14'1
Paul J. Moriarty, Vice President
Type/Print Name and Title
Susan Schultz
Type/Print Name
/~ 1
. 1,1 . /1 ('J,
.. {dL&/ c/( UJ--
SECOND WITNESS
Marcie Cohen
Type/Print Name
Date: ~/'tz,o&
...., . . . ~ . . -.
. . ~,
OWNER:
A TTES;f'J:' ~.. ~~
-' ".... :( .',-...
". ....
.. . f~
Dwight1::, BrP~k, Cl~k
.r--~~
BY. ,;. '.
Attest .'s. tb' etti i Mlan
s jQnaturt on 1 II
Approved As To Form
and Legal Sufficiency: /l
Print Name~ /
Assistant C~~
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
BY:
~~~,
Fr alas, air --
GC-CA-8
"
1682
EXHIBIT A .
PUBLIC PAYMENT BOND
Fourteenth Street Outfalllmpro\rement Project
.'
Bond No. 104781383
Contract. N o. 07.4060
KNOW ALL MEN BY THESE PRESENTS: That Qu8;lity Enterprises USA" mc.
3894 Nl'Inniy Dr." Suit~ 216" Naples" FL 34114-5406 , as Principal,
and Travelers Casualty and Surety Company of AmerIca . as
Surety, located at One Tower Square" Hartford" CT 06183
(Busin~ss A?dress) are held and firmly bound to The Board. ~~l~~~tte~~S'l~~ii~, ~f
as Obligee In the sum of Four Hundred Eight.,. Two Thousan " Eight. Hundred Ninety1J-ye ~Il!.i
($~J32J1895.J~"'-) for the payment whereof we bind ourselves, our heirs, exeGutors~8/100-
personal representatives, successors and assigns, jointly and severally.
WHEREAS. Principal has entered into a contract dated as of the 28t.h day of
November. 2006, with Obligee for J.RRfl~~l:JlnStli'i!:taIDltfall ~vement.. Project
in .._ accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, ~nd is referred to hereIn
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal In the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any Changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond,
The provisions of this bond are subject to the,.time limitations of Section 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants. ~
IN WITNESS ,WHEREOF, the above parties have executed this instrument this 28t.h
day of November 2006, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of Its governing
body.
TPA#1953633.11
GC-CA--A-1
"
168 21~
Signed, sealed and delivered
in the presence of:
PRINCIPAL
(Witnesse as to Principal
Richard R. Slicko
BY:
NAME:
ITS:
rises USA, Inc.
Murrell
STATE OF Florida
COUNTY OF CO 11; er
The foregoing ins1rument was acknowledged before me this 28th day of November
20~. by Howard J. Murrell ,as President of
Ouality Enterprises USA. Inc. I a Vir~tl.ia corporation. on behalf of the
corporation. He/she is personally known to me R has produced N / A . as
identifica.tion and did (did not) take an oath.
My Commission Expires: 2/11/10
~~\ljI,,\!ft\ MARCIE L COHEN
f*: ~~ MY CqMMISSlON , DO 501526
I EXPIRES: February 11 2010
,,' &.ndetf Thno NoIIry P1lIIIO: 1I~1lB
~-(~
(Signature of Notary)
NAME:
Marcie L. Cohen
(legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of florida
Commission No.: DD 501526
ATTEST:
SURETY:
TravelersfCasualtv and Surety
Company 0 Amer1ca
(Printed Name)
One Tower.Square
Hartford, CT 06183
(Business Address
~..
,I
(Authorized Signature)
(Printed Name)
Witnesses to Surety
TPA#1953633.11
GC~CA-A-2
t'
16B2
OR
Travelers Casualty and Surety Company
of -America
As Attorney in
(Attach Power
~T~y A. Ward. Attorney-in-F~ct
(Printed Name)
1080 Laskin Road
Virginia Beach" VA 23451
(Business Address)
(757) 491-1100
(Telephone Number)
STATE OF .!irRinia
CITY ~~lS'''''' OF Virginia Beach
The foregoing instrument was
Nov~er , 2006, by
Attorney-in-Fact
Surety, on behalf of Surety.
acknowledged before me this 28th day of
Tammy A. Ward as
. I
of Travelers Casualty and;,Surety Company of America
He/She Is personally known to me OR has produced
as identification and who ltIIk(did not)
take an oath.
My Commission Expires:
September 30, 2010
~1 Jt ~1 6-bz(ltlJ~
(Signature)
Name:Te...rr/ ;{. ~~al//hard
(Legibly Printed)
No1ary Public, State of: Virginia
Commission No.: nl a
(AFFIX OFFICIAL SEAL)
J..r . P
,:
TPA#1953633.11
GC~CA~Av3
EXHIBIT A
PUBLIC PERFORMANCE BOND
16P 2.
Fourteenth street Outfalllmproyement Project
. Bond No.~ 104781383
Contract No, 07-4060
KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA>> Inc.
~ , as Principal, and Travelers .Caswilty and Surety Company
!>f AJp,erica as Surety, located at
Ope tpwer Square. Hartford. CT 06183
(Business Address) are hald and firmly bound to
The J}oard 9f County ". Commissioners of as Obl'lgee 'In the sum 0-1'
('.011, PT r.nnnt-y>> 11'10T,i1:4. . 'I
Fouri:Hurl.dred EiiKlity Two Thousand~ Eight Hundred Ninety Five and 18/100--
($ 482 >>895..18---- ) for the payment whereof we bond ourselves, our heirs. executors,
personal representatives, successors and assigns, jointly and severally. .
WHEREAS, Principal has entered into a contract dated as of the . .eSch...
November , 2006, with Obligee
Fourteenth Street Outfall Improvement Project>> Contract No. 07-4060
In accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof. and is referred to herein as the Contract.
day of
for
THE CONDITION OF THiS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed In the Contract;
and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whatharHquidated or actual, incurred by Oblig~e; and
3. Performs the guarantee of all work and materials furnished under the .Contract for
the time specified in the Contract, then this bond is void; otherwise it remains In full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this Bond.
The surety, for value received. hereby stipulates. and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
,be performetl,!itereunder, or the specifications referred to therein shall in anywise affect
its obligations under this bond I and it .does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
This instrument shall be construed in all respects as a common law bond. It is
expressly understood that the tIme provisions and statute of limitations under Section
255.05, Florida Statutes, shall not apply to this bond. . .
;-
TPM1953633.11
GC-CA-A-4
-In n~ event will the Surety be liable in the aggregate 10 Obligee-~Or more than the ln~ B 2
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this 28th
day of November , 2006, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
Signed. sealed and delivered
in the presence of:
PRINCIPAL
BY:
USA~ Ine.
NAME; Howard J. Murrell
ITS: President
STATE OF :<~'lorida
COUNTY OF Collier
The foregoing
November
President
Virginia
personally known
instrument was acknowledged before me this 28th day of
j 2006, by Howard J. Murrell I as
_,~ ~ of Qualitv Enterprises USA~ Ine. ,a
corporation, 00 behalf of the corporation. He/she is
to me OR has produced N/A
as identification and id (did not) take an oath.
My Commission Expires: 2/11/10
MARCIE L COHEN
MY COMMISSION' DO 501526
EXPIRES: February fl, 2010
Banded 1lw N<ltary Public Ul1defwliters
Name:~ Marcie L. Cohen
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of: Florida
Commission NO.:.....l?p 501526
,,~' . .
,I
TPA# 1953633.11
GC~CAyA~5
'ATTEST:
SURETY:
1682
Travelers Casualty and Surety Company
(Prir'lted Name) of America
One Tower Square
Hartford, CT 06183
(Business Address)
(Authorized Signature)
Witnesses as to Surety
(Printed Name)
OR
T~ A~~Ward, Attorney-in-Fact
(P rinted Na me)
1080 Laskin Road
Virginia Beach, VA 23451
(Business Address)
(757) 491-1100
(Telephone Number)
CITY
STATE OF
f)(,U~'X~ OF
\7ir~inia
Vir~inia Beach
The foregoing instrument was acknowledged before me this 28th day of
November 12006, by Tammy A. Ward I as Attorney-in-Fact
of ~~~Y":~l~~~ f;~~;tfY ~:o,.!l ~lH.e~y \a Connecticut Surety, on
behalf 'uor~relY. er~She is personally known to .me OR has produced
as identification and who did (did not) tak.e an oath.
\ j 1./1 /L~ ~.I1Ji(jj~.4JLuC
(Signature)
Name:.T ur-/ ~,..:5fr(j WhCL&
(legibly Pri ted)
My Commissic,m Expires:
September 30, 2010
(AFFIX OFFICIAL SEAL)
Notary Public, State of: VA
Commission No.: n/a
TPA#1953633.11
GCvCA-A.-6
POWER OF ATTORNEY
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
iii ST PAUL
. TRAVELERS
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
Attorney-In Fact No.
213480
16B2
St. Paul Guardian Insurance Company
'St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 0 0 1 0 5 0 4 8 7
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
Mark C. Bundy, Nancy R. Chunta, William E. Crawley, Tammy A. Ward, and Terri Strawhand
of the City of Virgini~ Rp.~r.n , State of Vireinia , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies ~~~~;s~~s_~*uaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or p~,"": in ~O".ons ~CeedingS allowed by law.
. ~~~~~~~~~\'l
IN WITNESS WHEREOF, the Companies have caused this ins~~e &W1~d Jll(~-siate seals to be hereto affixed, this
-- lyof December , 2005. ~'-"~~~~<'\. <'\. ~~
Farmington Casualty c~~9 dO *"
Fidelity and Guaranty b!i.s\-~~).-pal0.. 0
Fidelity and Guaranty In.su~e'UnderwMrs, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
o
~
State of Connecticut
City of Hartford ss.
6th
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Caswilty and Surety Company of America
United States Fidelity and Guaranty Company
By:
6 December 2005
On this the lh day of , before me personally appeared George W. Thompson, who acknowledged himself
to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underv.:iters, Inc.,
Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seaL
'-'1y Commission expires the 30th day of June, 2011.
58440-6-06 Printed in U.S.A.
'\<\w c. j~
'- Marie C. Tetreault, NotaIy Public
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington CasualtY eompan)', Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,
St Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of
America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
-RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
'resident, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company;s name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is iri writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate
relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and
undertakings and other writings obligatory in the nature thereof. and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached,
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insuran~ C"pmp~ St. Paul Guardian Insurance Company, St. Paul Mercury Insurance
Company, Travelers Casualty and Surety Company, Travelers Casualty and S~Gmp~~e~"-"'f!d United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the power,,~ttorn-$~uled b\~"{,;ompanies, which is in full force and effect and has not been
revoked. . \ ~~\ ~~~) ~~ ~ \1
~~~ ~O ,~'\:..~ ~~
.-IN TESTIMONY WHEREOF, I have hereunto set my hand al)~tl ~~s 01 sai~ln~anies this 28th day of November ,20 ..0.6-
<\ ~~~ )~~ "\ ~~'"
~~C,f ~O ~l".~"}
~ ,~\t ~O
o
~
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney-In-Fact number,
the above-named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
Client#: 7189 QUALlENTE1 1LD -
ACORDTM I )~, I J I ,
CERTIFICATE OF LIABILITY INSURANCE D ( ,-
12/01/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Thomas Rutherfoord Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
l.X.:!2 Central Park Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER TH E COVERAGE AFFORDED BY THE POLICIES BELOW.
ite 1340
Virginia Beach, VA 23462 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Virginia Surety Company Inc.
Quality Enterprises USA Inc INSURER B: Everest Indemnity Ins. Company
& Quality Environment Co Inc INSURER C: American Int'J Specialty Lines Compa
3894 Mannix Drive, Suite 216 INSURER D:
Naples, FL 34114-5406 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~i: ~~~~ TYPE OF INSURANCE POLICY NUMBER PJ>t~~~ri~iJg,w\E p~~~J,~~~~N LIMITS
A GENERAL LIABILITY 2CG50321501 07/01/06 07/01/07 EACH OCCURRENCE $1 000 000
I-- DAMAGE TO RENTED
~ COMMERCIAL GENERAL LIABILITY $100 000
=:J CLAIMS MADE ~ OCCUR P r
I-- MED EXP (Anyone person) $5 000
PERSONAL & ADV INJURY $1 000 000
GENERAL AGGREGATE $2 000 000
n'L AGGREnE LIMIT APAS PER: PRODUCTS - COMP/OP AGG $2,000 000
POLICY jr8T LOC
A ~TOMOBILE LIABILITY 2CA50321401.VA 07/01/06 07/01/07 COMBINED SINGLE LIMIT
A ~ ANY AUTO 2CA50321301-FL 07/01/06 07/01/07 (Ea aCCident) $1,000,000
I-- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
I--
~ HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AUTOS (Per accident)
.- PROPERTY DAMAGE
(Per accident) $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
B ~~SS/UMBRELLA LIABILITY 716C6000003061 07/01/06 07/01/07 EACH OCCURRENCE $10 000 000
OCCUR D CLAIMS MADE AGGREGATE $10 000 000
$
~ DEDUCTIBLE $
RETENTION $ $
A WORKERS COMPENSATION AND 2CW50321601 07/01/06 07/01/07 X I T~~YS:~J,~;, I IOJ~-
EMPLOYERS' LIABILITY 5500,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE 5500,000
If yes, describe under $500,000
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT
C OTHER Pollution CPL 1351083 07/01/06 07/01/07 $1,000,000 CSL
$2,000,000 Aggregate
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE: Contract #07-4060 "Fourteenth Street Outfall Improvement Project"
Collier County Florida is Additional Insured under the General Liability
policy as respects to work performed by the insured, as required by
written contract. Umbrella policy follows form. Insurance is primary.
(See Attached Descriptions)
CERTIFICATE HOLDER
CANCELLATION
Collier County Government
Purchasing Dept.
3301 E. Tamiami Trail
Naples, FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -30- DAYS WRmEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
- a.
.-..
ACORD 25 (2001/08) 1 of 3
#S341587/M318478
JJ
@ ACORD CORPORATION 1988
1682
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed, A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001108) 2 of 3
#5341587/M318478
DESCRIPTIONS (Continued from Page 1)
Waiver of subrogation is provided under the Workers Compensation policy.
AMS 25.3 (2001/08)
3 of3
#S341587/M318478
1682
EXHIBIT B
INSURANCE REQUIREMENTS
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and
amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the Project by the Owner or as specified in this
Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in
Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice
of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place
the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of
,....all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner.
t5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors work, insurance of the types and to the limits specified in this
Section unless such insurance requirements for the Subcontractor are expressly waived in writing by
the Owner.
.LA) Should at any time the Contractor not maintain the insurance coverage's required herein, the
mer may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC-CA-B-1
1682,
.-coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse
wner for such costs within thirty (30) days after demand, Owner has the right to offset these costs
trom any amount due Contractor under this Agreement or any other agreement between Owner and
Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage's purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their
expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement.
(11) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or self-
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self-insurance program carried by Owner applicable to this Project.
11.4. The Certificates of Insurance, which are to be provided on the form set forth in
Attachment I to this Exhibit B, must identify the specific Project name, as well as the site
location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
11.6. All insurance policies to be provided by Contractor pursuant to the terms hereof must
expressly state that the exclusive venue for any action concerning any matter under
those policies shall be in the appropriate state court situated in Collier County, Florida.
WORKERS' COMPENSA liON AND EMPLOYERS' LIABILITY
Required by this Agreement? ~ Yes _ No
L1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
mtractor during the term of this Agreement for all employees engaged in the work under this
GC-CA-B-2
16["::>
.1.... c..
_Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
)t be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability
~ $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the Owner and the policy shall be
so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work. (check one)
D Applicable ~ Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work. (check one)
D Applicable ~ Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes _ No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
x
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit
under LIMITS OF INSURANCE applies separately to each of your projects away from premises
owned by or rented to you."
(3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
- '/erage shall be primary to any similar coverage carried by the Owner.
GC-CA-B-3
1682
14) Coverage shall be included for explosion, collapse or underground property damage claims.
\0) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement. (check one)
o Applicable C2]Not Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement. (check one)
o Applicable C2] Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be covered,
whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub-subcontractors and Material Suppliers in the Work.
) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover
n:~asonable compensation for Professional's services and expenses required as a result of such
insured loss. At the Owner's option, flood and windstorm insurance will also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibJes. The responsibility of the Contractor for
any deductible associated with the all-risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
and Sub-subcontractors in the Work.
GC-CA-B-4
1682
16) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
,y of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
LJesign Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall
provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, astheir interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? lL Yes _ No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
Bodily Injury & Property Damage - $ 500,000
~ Bodily Injury & Property Damage - $1,000,000
Bodily Injury & Property Damage - $ 2,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
and Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
GC-CA-B-5
1682
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
,OUNTY OF COLLIER
STATE OF FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated , 2006 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COU NTY OF
The foregoing instrument was acknowledged before me this _ day of , 2006, by
,as of ,a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
TPA#1953633.11
GC-CA-C-1
It L~
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(project Name)
Original Contract Time:
Revised Contract Time:
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
= Less Retainage $
Less previous payment (s) $
% AMOUNT DUE THIS
% APPLICATION: $
Retainage @ 10% thru[insert date] $
Retainage @ _ % after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
JNTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
,€ceived from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
TPA#1953633.11
GC-CA-D-1
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1682
EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No.:
Change Order No.:
FROM: Collier County Government
Construction Agreement Dated:
Date:
Change Order Description
Original Agreement Amount ._....., ..................................... ..............$
Sum of previous Change Orders Amount .......................................$
This Change Order Amount .. ....... ............ .......... ... ....... ..... .......... ... $
Revised Agreement Amount ..................................................... ...... $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by: Date:
Design Professional
Accepted by: Date:
Contractor
Approved by: Date:
Department Director
Approved by: Date:
Division Administrator
Approved by: Date:
Purchasing Department
GC-CA-E-3
Authorized by
Director
Date:
(For use by Owner: Fund
Number: )
Cost Center:
Object Code:
GC-CA-E-4
1682'
j
~
Project
16B2
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
Design Professional's Project No,
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
TPA#1953633.11
GC-CA-F-1
1682
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
,2006
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2006
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2006
OWNER
By:
Type Name and Title
TPA#1953633.11
GC-CA-F -2
1682
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.:
Contractor:
Project No.:
Date:
,2006
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount:
Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement:
Actual Date of Substantial Completion:
Calendar Days.
Final Completion Time as set forth in the Agreement:
Actual Final Completion Date:
Calendar Days.
YES
NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A If NO is checked for any of the above, attach
explanation.
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Title)
TPA#1953633.11
GC-CA-G-1
By Design
Professional:
By Owner:
TPA#1953633.11
GC-CA-G-2
168 21'
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
16 8 2~~;
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
TPA#1953633.11
GC-CA-H-1
168 2'~'
those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
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3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday
through Friday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
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4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each subsequent Application for Payment, Contractor also shall
complete and submit to Owner as part of its Application for Payment, the Stored
Materials Record attached hereto and made a part hereof as Exhibit O.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner. The Project Manager shall have the discretion to establish, in writing, a
schedule to periodically reduce the percentage of cumulative retainage held through out
the course of the Project schedule. Owner reserves the right to reduce the amount of
the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing
Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
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4.7 Each Application for Payment shall be accompanied by a Release and Affidavit,
in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full
for all materials, labor, equipment and other bills that are then due and payable by
Owner with respect to the current Application for Payment. Further, to the extent
directed by Owner and in Owner's sole discretion, Contractor shall also submit a
Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the
form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor
or supplier has been paid in full through the previous month's Application for Payment.
The Owner shall not be required to make payment until and unless these affidavits are
furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
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5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
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substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
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8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, th~ following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
8.1.3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
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faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
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9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
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sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim.
Claims not settled by the aforesaid procedure, shall be resolved according to the
Dispute Resolution Procedure copies of which are available in the County Attorney's
Office or Purchasing Department. All Claims shall be priced in accordance with the
provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
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or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
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for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
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bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
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of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
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notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
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Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
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the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
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23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Builder or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
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as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery aUhe Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
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shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.8, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
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encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
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28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
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meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EV ALUA TION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.netlpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor
shall comply with and fully implement the sales tax savings program with respect to the
Work, as setforth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
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appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
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33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner will be an additional insured on
all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
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33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
34.1.13
34.1.14
34.1.15
34.1.16
34.1.17
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Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
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34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
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Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PM IS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
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EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
I.BASIC STORMWATER MANAGEMENT DEPARTMENT SUPPLEMENTAL TERMS &
CONDITIONS
ACCESS OR STAGING TO PROJECT WORK AREA
Access to the work site may be limited or restricted. It will be the Contractor's responsibility
to inspect the work site prior to submission of the Bid/Quote to ensure there will be no ingress
and egress issues.
In addition, should access or an off site staging area be necessary other than indicated on
the plans, the Contractor must be granted and the fee owner must provide written
authorization. A copy of the authorization letter must be provided to the Project Manager for
the Project file.
Any and all related costs to gain access to or for staging purposes for the work site shall be
included in the Bid/Quote.
AS-BUlL TS/RECORD DRAWINGS
The Project's Design Professional and his Florida Registered Professional Surveyor
and Mapper (P.S.M.) are responsible for the Project's As-Built/Record Drawings unless
otherwise specified within the Technical Plans and Specifications.
Prior to construction commencement, the Contractor shall meet with the Design
Professional and his P.S.M. to determine the Project's critical points to the final As-
Builts. The Contractor shall also coordinate with the Design Professional and his
P.S.M. to facilitate measurement at those critical Project points.
The Contractor's Final Payment shall be withheld pending the Design Professional and
his P.S.M. Certification of the contracted improvements are per design.
During the progress of the work the Contractor shall keep and maintain one (1)
Approved for Construction copy of all project plans, drawings, specifications, and any
addenda, written amendments, change orders, work directives orders, supplemental
agreements and other written interpretations and clarifications.
It is suggested that there be an "Approved for Construction Ghosted Plan Set" for the
Contractor's use. The Contractor shall also note to show updated construction deviations
annotated in red line as well as any approved design changes authorized by the Design
Professional. All deviations shall be initialed and dated by the Contractor.
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All survey information depicted on the As-Built Drawings shall be collected under the direct
supervision of the P.S.M. in accordance with Florida Statute Chapters 177 and 472 and
Chapter 61 G-17 of the Florida Administrative Code.
~~
ADDITIONAL CONTRACTUAL SERVICES
Should additional work be required, a Change Order to the Work Order will be completed and
an adjustment will be made to the Purchase Order Contract Sum at Unit Prices or an agreed
upon Price prior to the performance of the work.
ACCIDENTS OR THEFTS
The Contractor shall be responsible to contact the Project Manager to report any accidents
or thefts involving or occurring within the work site. Should they occur the Contractor at no
additional cost, should photograph the damage or loss and provide the dated photograph to
the Project Manager.
CLAIMS
All claims by the Contractor shall be in a written format (not e-mail) to the Project Manager
within forty-eight (48) hours after the first day of the event giving rise to such Claim or else
the Contractor shall be deemed to have waived the Claim. All supporting data shall be
submitted to the Project Manager within fifteen (15) calendar days after the occurrence. The
Contractor shall comply with the Collier County Alternative Dispute Resolution Procedures.
CONSTRUCTION PROGRESS PHOTOGRAPHS
It is the Contractor's responsibility to provide construction progress photographs that help
visualize the worksite conditions. Photographs shall be taken prior to construction
commencement, during and after all milestones and constructions steps. These pictures
must be in digital format, date stamped, 3 Mega pixels minimum resolution, in color, and
submitted once a week on Monday via e-mail or recorded on a CD and delivered to the
Stormwater Management Department and to the attention of the Project Manager.
CONTRACTOR'S EMPLOYEES
Employees of the Contractor or its Subcontractors shall be properly uniformed and provide a
neat appearance. All employees of the Contractor or Subcontractor shall be considered to
be at all times the sole employees of the Contractor under his sole direction and not an
employee or agent of Collier County.
The Contractor shall supply competent and physically capable employees. Collier County
will require the Contractor to remove an employee it deems careless, incompetent,
insubordinate, or otherwise objectionable and whose continued work in the Project's
construction services is not in the best interest of the County.
CONTRACTOR'S MEETING ATTENDANCE
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During the Contract the Contractor shall be required to hold weekly progress meetings
unless otherwise specified by the Project Manager. The Contractor is responsible to
record notes and type minutes of the progress meeting and also attend other special
meetings that the Project Manager should require.
GENERAL DEFINITIONS
As-Built/Record Survey - A survey preformed to obtain horizontal or vertical dimensional data
so that constructed improvements may be located and delineated.
Construction Documentation - Noting/Recording of all deviations from the "For Construction
Drawings and Specifications. All deviations shall be initialed and dated by the Contractor.
Shall or Must - These terms, when used are defined as meaning mandatory.
GENERAL SITE CONDITIONS CARE
Due care shall be taken of all existing landscaping. The Contractor may be required to
perform necessary site pruning on any existing plant's foliage which will interfere with
the equipment or work area to limit total removal and/or replacement of the landscape
material. The Contractor shall be responsible for replacement at the Contractor's costs
unless otherwise approved by the Project Manager.
DAILY LOGS
The Contractor shall complete and submit to the Project Manager on a weekly basis a Daily
Log documenting the Contractor's activities at the Project site such as:
1. Soil or weather conditions which adversely affect the work;
2. Daily job site hours of operation;
3. Number of Contractor's and Sub-Contractor's personnel present and working at the
project site;
4. Equipment on the project site;
5. Work description being preformed;
6. Materials received;
7. List of visitors;
8. Any problems that might impact either the cost or quality of the work or the time of
performance.
INVOICING
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Upon execution of the Contract and completion of each month's work, the Contractor's
Payment Application request along with a Release and Affidavit should be submitted to the
Design Professional for review, date stamping and approval. Upon their approval, the
request would be forwarded to the Project Manager for processing.
All invoices shall reference the Purchase Order Number and Project Name.
After review and approval by the Project Manager, the invoice and all back-up
materials will be transmitted to the Finance Department for payment. Payment will be
made upon receipt of a proper invoicing and in compliance with Section 218.70 Florida
Statutes, otherwise known as the "Florida Prompt Payment Act." Collier County
reserves the right to withhold and/or reduce an appropriate amount of any payments
for work not performed or for unsatisfactory performance of Contractual requirements.
LANDSCAPING,IRRIGATION SYSTEMS AND MAIL BOXES
Improved landscape areas containing landscaping, irrigation systems and mailboxes shall be
noted and maintained wherever possible. If removed or destroyed during the
accomplishment of the work, the Contractor shall replace or restore to the original condition
or better as part of Project completion. The cost of these items shall be considered
incidental to the Project unless discussed and addressed with the Project Manager prior to
Project commencement.
LANE OR STREET CLOSURE
A lane closure for construction shall be limited. Upon proper placement of lane closed signs,
pre-warning signs, arrow boards, traffic cones etc., the lane maybe restricted from traffic only
during non-peak traffic periods 9:01 A.M. - 3:29 P.M., Monday through Friday, and 8:00 A.M.
- 5:00 P.M. Saturday and Sunday, unless otherwise approved by the Project Manager.
Street closure shall be approved through the Project Manager. When approved the
Contractor must notify the respective Law Enforcement Agency, District Fire Department,
Emergency Medical Services and the County Transportation Road Alert Section prior to
closure.
Lane and street closures shall be indicated on the DailyNVeekly Work Logs, which are
provided to the Project Manager.
METHOD OF AWARD
The general criteria that will be used for the evaluation of this Bid/Quote is set forth in the
General Bid/Quoting requirements along with the responses as stated on the Bid/Quote
Proposal Pages. Award of Quote shall be made to the lowest, qualified and responsive
Bidder/Quoter. The Collier County Board of County Commissioners shall be the final judging
authority as to which Bid/Quote best suits its needs and the interest of Collier County.
Bidder/Quoter shall:
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1. Provide copy of their Contractor's License to Collier County.
2. Provide copies of the Contractor's Insurance Certificates:
a. Worker's Compensation and Employers' Liability
b. Commercial General Liability
c. Business Automobile Liability
3. Provide a list of all Subcontractors to be used on the Project site. Should the Project
work involve traffic signals and or pedestrian crossing signals a copy of the Contract of
the Signal Company hired and the Certification of the LeveIIlI.M.S.A. Tech or better who
will be accessing the Signal Box must be included.
4. Provide proof of M.O.T. Certification and the name, IRS W-4 form of the Bidder/Quoter
Contractor's employee qualifier or a copy of the Contract/Agreement and Certifications of
the Company who will be providing the M.O.T. for the Project to be engaged by the
Bidder/Quoter Contractor.
If the documentation noted above is not submitted with the Bid/Quote Proposal. such
Bid/Quote will not be considered.
MISCELLANEOUS RESPONSIBILITIES
1. The Contractor shall make every effort to protect existing facilities.
2. It shall be the Contractor's responsibility to notify in writing the Project Manager of any
construction problems or additional construction needs.
3. Should additional costs be involved which are not covered within the Contract
Specifications, a Unit Cost shall be agreed upon, a Change Order to the Work Order
completed by the Contractor and Project Manager prior to performing additional services.
4. The Contractor shall communicate frequently with the Project Manager and provide a
working schedule after the Notice To Proceed has been issued. The schedule is required
to be kept current with the progress of the work. Should the schedule be changed, it shall
be immediately up-dated.
5. The Contractor shall provide all materials, labor, equipment, mobilization and any other
necessary effort, element and/or component(s) needed to complete the work in its entirety
and per plans and at the Total Bidded/Quoted Pricing submitted.
NON-PERFORMANCE
In the event the Contractor fails to perform any required services within the time
schedules set forth under this Contract, the County reserves the right to obtain
substitute performance. Further the County reserves the right to deduct the cost of
such performance from the Contractor's payments. The Contractor may be exempt
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from this provision if such exemption is granted by the Project Manager in writing,
prior to any delays or as a result of an Act of Nature.
PRECONSTRUCTION VIDEO
It shall be the Contractor's responsibility to provide a preconstruction video tape in DVD
format documenting the condition of the Project area prior to commencement of any work.
This video tape should capture pre-project conditions of all private property adjacent to the
proposed project area and public property in the r/w with the intent to document all existing
conditions for use in resolving any post-project private or public property alleged damage
claims. The video is to be submitted to the Project Manager prior to construction
commencement for the Project file at no additional costs.
PROJECT LAYOUT REQUIREMENTS
The Contractor shall be responsible to install the work in accordance with the "Approved For
Construction Plans and Specifications". Project layout is the Contractor's responsibility. The
Design Professional's Florida Registered Professional Surveyor and Mapper (P.S.M.) shall
establish survey control and the location of any/all existing boundary monumentation to
facilitate its replacement if damaged. The Contractor shall make every effort to preserve
stakes/laths, monuments, bench marks, and other control points. A Florida Registered
P.S.M. is responsible for the replacement of any & all survey control or boundary corners
damaged or destroyed during construction at the Contractor's expense.
PROJECT SCHEDULE AND TIME PERIOD
The Contractor shall prepare and submit to the Project Manager the Project's schedule prior
to the "Notice to Proceed". The schedule of the work's progress shall be updated monthly
and provided to the Project Manager. Micro Soft Project Format is recommended.
This Project shall commence upon receipt of a "Notice to Proceed" letter from the Project
Manager, and will remain in effect until Final Completion and submission of all the Project
closeout documents.
Notification of Substantial Completion, Final Completion and any Claims shall be done in
written letter format. Electronic transmission via E-mail is not an acceptable notification form.
Should the Contractor see that additional days will be required a Change Order to the Work
Order shall be approved.
QUANTITIES
Indicated in Bid/Quote Schedule are expected quantities and are for the purpose of
Bid/Quote submission. The County reserves the right to adjust such quantities as may be
required by the Design Professional during the Contract.
RESPONSE TIMES
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On a twenty-four (24) hour basis, the Contractor may be required to travel to the site
immediately to meet with the Project Manager, law enforcement or emergency
personnel to resolve an emergency. The Contractor shall respond to a telephone,
beeper, or radio call within one (i) hour. There shall be no additional charge for these
responses.
SANITARY FACILITIES
The Contractor shall provide and have serviced sanitary facility(ies) within the work
site area limits as approved by the Project Manager. Each facility shall be located no
further apart within the work area than one-quarter (1/4) mile.
SITE MAINTENANCE
The work site areas shall be kept clean and neatly maintained during the progression of the
work. Any debris on the roadway shall be swept daily or as directed by the Project Manager.
The disposal of all debris and construction litter must be at a proper landfill or disposal site.
All disposal fees, tipping or charges are to be included in the Bid/Quote Schedule Price.
Upon completion, the remainder of site's construction and leftover materials are to be
collected, hauled, and disposed of by the Contractor leaving the work site in a restored order.
TRAFFIC CONTROL
Maintenance of Traffic is solely the responsibility of the Contractor and is to be placed prior to
construction. Should the Contractor not place and/or properly maintained the Maintenance of
Traffic (M.O.T.) the Project Manager will require the Project work to cease until the proper
M.OT. has been placed and/or maintained.
The Contractor shall comply with the requirements of Collier County's Maintenance of Traffic
(M.O.T.) Policy copies of which are available through the Risk Management or Purchasing
Department. The Contractor shall obtain and review the Collier County M.O.T. Policy
Requirements prior to submitting a Bid/Quote.
The Contractor will be responsible for obtaining copies of all required manuals,
M.U.T.C.D., F.D.O.T. Roadway & Traffic Design Standards Indexes, or other related
documents, so to become familiar with their requirements. Strict adherence to the
requirements of the M.O.T. Policy will be enforced under this Contract.
High-visibility clothing or vests with retro-reflectorized striping shall be worn at all times by all
employees working within Collier County Rights-of-Way (See exception below). This includes
personnel that may visit the "work zone" temporarily, such as management and/or vendors.
A.N.S.I.II.S.E.A. 107-2004 or the most current edition, Class 2 or Class 3 garments are
required for daytime use.
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A Class 3 garment is mandatory for use by flagging personnel during any hours of darkness,
including during inclement weather situations, where conditions may create hours of
darkness during normal daylight conditions.
Exception: When other industry apparel safety standards require workers to wear apparel
that is inconsistent with Federal, State or county requirements such as N.F.P.A., O.S.H.A.,
A.N.S.L, etc., the other standards may prevail. However, apparel must still meet high visibility
color requirements of fluorescent lime-green or fluorescent orange only and must be
maintained in good condition and replaced as necessary.
Ex. Utility workers exposed to high voltage electricity may choose not to wear vests or
clothing with retro-reflective striping as long as the color requirements listed above are met.
Directional lighted and flashing arrow board may be required.
See attached "Maintenance of Traffic Procedure" dated 02-23-06 B. Contractor
Requirements (External)
UNIT PRICES
Unless indicated in the Unit Price Schedule as a pay item, no separate payment will be made
for work performed in any task. The Contractors shall include cost of work to be performed
under the task in the pay items of which this work is a component.
UTILITY CONFLICTS
Utility locates shall be conducted prior to commencement of work. Soft digging, pot
holing and/or any commonly approved method at the Contractor's discretion may be
used to locate existing utilities.
Provided within the construction plans reflect the location of existing utilities from the
most reliable information available to the Design Professional. This information is not
guaranteed, therefore, the Contractor shall field verify the location of all utilities. The
Contractor is required to conduct all necessary research and field exploration(s) to
properly identify, locate and resolve any utility conflict(s) not shown in the
construction plans.
In the event that utility conflict(s) arise, the Contractor will be principally responsible
for coordinating with the pertinent utility company/companies in order to resolve such
conflict(s).
Any and all costs associated with utility conflict(s) would be incidental and should be
included in the pricing provided in the Bid/Quote Schedule. The Project Manager may
make exceptions pending justifications by the Contractor.
VENDOR PERFORMANCE EVALUATION
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Collier County has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, Vendors will be evaluated on their performance
upon completionltermination of Agreement.
II. STORMWATER MANAGEMENT DEPARTMENT PROJECT SPECIFIC CONDITIONS
There are certain items which are being brought to the Bidder's/Quoter's attention. They are:
. The Project's construction is required to take no more that ninety - (90) calendar days
from the date of the "Notice to Proceed". The work must be Substantially Complete
sixty - (60) days from the "Notice to Proceed", leaving the final thirty - (30) days to
address Punch-List Items.
. Excess fill material is to be hauled and disposed of by the Contractor at no additional
Project costs.
. Replacing materials shown on the attached construction plan with an equivalent one
will require prior authorization in writing from the Design Professional and the Project
Manager.
. This Project is Work Order activated.
. This Project will require a Performance and/or Payment Bond and it shall be
submitted prior to commencement. Costs for the Bond and other insurances are
incidental to this Project.
PERMITS AND STORMWATER POLLUTION PREVENTION PLAN
Permits
The following permits for the Project have already been obtained by Collier County or are the
Contractors responsibility to obtain, as noted below. Copies of the all permits obtained by
Collier County are attached. It is the Contractor's responsibility to read and understand all
permit and permit conditions.
1. South Florida Water ManaQement District (S.F.W.M.D.) Permits
Joint Application For Environmental Resource Permit/Authorization to Use state
Owned Submerged Lands/Federal Dredge and Fill Permit (Noticed General Permit).
Water Use Dewatering - Should a dewatering permit be needed, it will be the
Contractor's responsibility to apply for and obtain a dewatering permit. The County will
only provide the required sets of construction plans along with the corresponding
application fee, if needed.
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2. Collier County Riqht-of-Way Permit
It is the Contractor's responsibility to prepare and submit application forms, and
address any request for additional information from the Transportation Services
Division RIW Permitting as needed.
The Contractor is also responsible for preparing and submitting the Maintenance of
Traffic (M.O.I.) Plan for review and approval by the Transportation Services Division
RIW Permitting Section. The County will only provide the required sets of construction
plans along with the corresponding application fee.
3. National Pollutant Discharqe Elimination System (N.P.D.E.S.) Construction General
Permit
N.P.D.E.S. Description
N.P.D.E.S. requirements applies and requires documentation to be prepared and
signed by the Contractor before conducting construction operations/activities
impacting more that one (1) acre, in accordance with the terms and conditions of the
National Pollutant Discharge Elimination System (N.P.D.E.S.) Stormwater Permit, as
required by Florida Administrative Code (F.AC.) Chapter 62-621.
The Contractor shall be for responsible for implementation, maintenance and
inspection of stormwater pollution prevention control measures in accordance with
F.AC. Chapter 62-621 including, but not limited to, erosion and sediment control,
stormwater management plans, waste collection and disposal, off-site vehicle tracking,
and other practices shown on the Drawings and/or specified elsewhere in this or other
specifications. The stormwater pollution prevention control measures shall include
protection of offsite public and private storm sewer facilities potentially impacted during
construction. stormwater facilities include streets, inlets, pipes, ditches, swales, canals,
culverts, control structures, and detention/retention areas.
The Contractor shall prepare and review implementation of the Stormwater Pollution
Prevention Plan (S.W.P.P.P.) in a meeting with the County prior to start of
construction.
Notice Of Intent (NOI)
Fill out, sign and date a Notice of Intent to Use Generic Permit for stormwater
discharge from Large and Small Construction Activities, (F.D.E.P. Form 62-
621.300(4)(b)). Submit the signed copy of the N.O.I. to the County. The County will
submit the completed form to the F.D.E.P. along with the required permit fee.
Certification Requirements
On the attached Operator's Information form, fill out the name, address and telephone
number for the Contractor, persons or firms responsible for maintenance and
inspection of erosion and sediment control measures, and all Subcontractors.
TPA#1953633.11
GC-CA-I-10
16B2
The Contractor and Subcontractors named in the Operator's Information form shall
read, sign and date the attached Contractor's/Subcontractor's Certification form.
The persons or firms responsible for maintenance and inspection of erosion and
sediment control measures shall read, sign and date the attached Erosion Control
Contractor's Inspection and Maintenance Certification Form.
Submit all forms to the County Manager or designee before beginning construction.
Retention Of Records
Retain a copy of the S.W.P.P.P. at the construction site and at the Contractor's office
from the date that it became effective to the date of project completion.
At project closeout, submit to the County all N.P.D.E.S. forms and certifications, as
well as a copy of the S.W.P.P.P. stormwater pollution prevention records will be
retained by the County Manager or designee for a period of three (3) years from the
date of project completion.
Required Notices
The following notices shall be posted from the date that the S.W.P.P.P. goes into
effect until the date of final site stabilization:
1. A copy of the submitted N.D.1. and a brief project description, as given in the
S.W.P.P.P., shall be posted at the construction site and at the Contractor's office in a
prominent place for public viewing.
2. Notice to drivers of equipment and vehicles, instructing them to stop, check and
clean tires of debris and mud before driving onto traffic lanes. Post such notices at
every stabilized construction exit area.
3. Post a notice of waste disposal procedures in an easily visible location on site.
4. Notice of hazardous material handling and emergency procedures shall be posted
with the N.D.I. on site. Keep copies of Material Safety Data Sheets at a location on
site that is know to all personnel.
5. Keep a copy of each signed certification at the construction site and at the
Contractor's office.
TPA#1953633.11
GC-CA-I-11
~
OPERATOR'S INFORMATION
Owner's Name and Address:
Contractors' Names and Addresses:
General Contractor:
Telephone:
Site Superintendent:
Telephone:
Erosion Control and
Maintenance Inspection:
Telephone:
Subcontractors' Names and Addresses:
Collier County Stormwater Management
Department
2885 S. Horseshoe Drive
Naples, Florida 34104
239.774.8192
Phone: Phone:
TPA#1953633.11 GC-CA-I-12
1682
CONTRACTOR'S I SUBCONTRACTOR'S CERTIFICATION
I certify under penalty of law that I understand the terms and conditions of Florida's National
Pollutant Discharge Elimination System (N.P.D.E.S.) Construction General Permit that
authorizes storm water discharges associated with activity from the construction site
identified as part of this certification, and that I have received a copy of the S.W.P.P.P.
Signature:
Name: (printed or typed)
Title:
Company:
Address:
Signature:
Name: (printed or typed)
Title:
Company:
Address:
Signature:
Name: (printed or typed)
Title:
Company:
Address:
TPA#1953633.11
GC-CA-I-13
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EROSION CONTROL CONTRACTOR'S
INSPECTION AND MAINTENANCE CERTIFICATION
I certify under penalty of law that I understand the terms and conditions of Florida's National
Pollutant Discharge Elimination System (N.P.D.E.S.) Construction General Permit that
authorizes storm water discharges associated with activity from the construction site
identified as part of this certification, and that I have received a copy of the S.W.P.P.P.
Signature:
Name: (printed or typed)
Title:
Company:
Address
Date:
TPA#1953633.11
GC-CA-I-14
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NOTICE OF INTENT
TO USE GENERIC PERMIT FOR
STORMWATER DISCHARGE FROM
LARGE AND SMALL CONSTRUCTION
ACTIVITIES
(RULE 62-621.300(4), F.A.C.)
~----------,"~--._~_....-,,-
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This Notice of Intent (NOI) form is to be completed and submitted to the Department before use of the
Generic Permit for Stormwater Discharge From Large and Small Construction Activities provided in
Rule 62-621.300(4), F.A.C. The type of project or activity that qualifies for use of the generic permit,
the conditions of the permit, and additional requirements to request coverage are specified in the
generic permit document [DEP Document 62-621.300(4)(a)]. The appropriate generic permit fee,
as specified in Rule 62-4.050(4)(d), F.A.C., shall be submitted with this NOI in order to obtain
permit coverage. Permit coveraae will not be aranted without submittal of the appropriate
aeneric permit fee. You should familiarize yourself with the generic permit document and the
attached instructions before completing this NOI form. Please print or type information in the
appropriate areas below.
I. IDENTIFICATION NUMBER:
Project
ID
II. APPLICANT INFORMATION:
A. Operator Name:
B. Address:
C. City: I D. State: I E. Zip Code:
F. Operator G. Responsible Authority:
Status: H. Phone No.:
III. PROJECT/SITE LOCATION INFORMATION:
A. Project Name:
B. Project Address/Location:
C. City: I D. State: I E. Zip Code:
G. Latitude: 0 , Longitude: 0 ,
F. County: " "
H. Is the site located on Indian lands? D Yes II. Water Management District:
DNo
J. Project Contact: I K. Phone No.:
TPA#1953633.11
GC-CA-I-16
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IV. PROJECT/SITE ACTIVITY INFORMATION:
o Large Construction (Project will disturb five or more acres of land.)
o Small Construction (Project will disturb one or more acres but less
than five acres of land.
B. Approximate total area of land disturbance from commencement through completion of
construction: Acres
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address (specify below)
D. SWPPP Address:
E. City:
o Address in Part III above 0 Other
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Start Date:
F. State: G. Zip Code:
Completion Date:
V. DISCHARGE INFORMATION
A. MS4 Operator Name (if applicable):
B. Receiving Water Name:
VI. CERTIFICATION1:
I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons who manage the system or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for knowing
violations.
Date Signed:
Signature:
I Signatory requirements are contained in Rule 62-620.305, F.A.C.
TPA#1953633.11
GC-CA-I-17
1682
INSTRUCTIONS - DEP FORM 62-621.300(4)(b)
NOTICE OF INTENT (NOI) TO USE GENERIC PERMIT FOR STORMWATER DISCHARGE
FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES
Who Must File an NOI:
Federal law at 40 CFR Part 122 prohibits the point source discharge of pollutants, including the
discharge of stormwater associated with large construction activities as defined at 40 CFR
122.26(b)(14)(x) or small construction activities as defined at 40 CFR 122.26(bXI5), to waters of the
United States without a National Pollutant Discharge Elimination System (NPDES) permit. Under the
State of Florida's authority to administer the NPDES stormwater program at 403.0885, F.S., operators
that have stormwater discharge associated with large or small construction activities to surface waters
of the State, including through a MWlicipal Separate Storm Sewer System (MS4), must obtain
coverage either Wlder a generic permit issued pursuant to Chapter 62-621, F .A.C., or an individual
permit issued pursuant to Chapter 62-620, F.A.C.
Where to File NOI:
NOIs for coverage Wlder this generic permit must be sent to the following address:
NPDES Stormwater Notices Center, MS #2510
Florida Department of Environmental Protection
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Permit Fee:
Permit fees for large and small construction activities to be covered Wlder the generic permit are
specified in Rule 62-4.050(4) (d), F.A.C. The appropriate generic permit fee (either for large or small
construction activities) must be submitted along with the completed NOI in order to obtain coverage
Wlder the generic permit. Generic permit coverage will not be granted without payment of the
appropriate permit fee.
The permit fee shall be paid by either check or money order made payable to: "Florida Department of
Environmental Protection"
Part I - Identification Number
Enter the project's DEP identification number (generic permit coverage number) if known. If an
ID number has not yet been assigned to this project (i.e., if this is a new project), leave this item
blank.
Part II - Applicant Information
Item A.: Provide the legal name of the person, firm, contractor, public organization, or other legal
entity that owns or operates the construction activity described in this NO!. The operator is the legal
entity that has authority to control those activities at the project necessary to ensure compliance with the
terms and conditions of the generic permit.
TPA#1953633.11
GC-CA-I-18
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Items B. - E.: Provide the complete mailing address of the operator, including city, state, and zip code.
Item F.: Enter the appropriate one letter code from the list below to indicate the legal status of the
operator:
F = Federal; S = State; P = Private; M = Public (other than federal or state); 0 = Other
Items G. - H.: Provide the name and telephone number (including area code) of the person authorized
to submit this NOI on behalf of the operator (e.g., Jane Smith, President of Smith Construction
Company on behalf of the operator, Smith Construction Company; John Doe, Public Works Director
on behalf of the operator, City of Townsville; etc.). This should be the same person as indicated in the
certification in Part VI.
Part III - Project/Site Location Information
Items A. - E.: Enter the official or legal name and complete street address, including city, state, and
zip code of the project. Do not provide a P.O. Box number as the street address. If it lacks a street
address, describe the project site location (e.g., intersection of State Road 1 and Smith Street).
Item F.: Enter the county in which the project is located.
Item G.: Enter the latitude and longitude, in degrees-minutes-seconds format, of the approximate
center of the project.
Item H.: Indicate whether the project is located on Indian lands.
Item I.: Enter the appropriate five or six letter code from the list below to indicate the Water
Management District the project is located within:
NWFWMD= Northwest Florida Water Management District
SRWMD = Suwannee River Water Management District
SFWMD = South Florida Water Management District
SWFWMD = Southwest Florida Water Management District
SJRWMD = St. John's River Water Management District
Items J. - K.: Give the name, title, and telephone number (including area code) of the project contact
person. The project contact is the person who is thoroughly familiar with the project, with the facts
reported in this NOI, and who can be contacted by the Department if necessary.
Part IV - Project/Site Activity Information:
Item A.: Check the appropriate box to indicate whether the project involves large construction activity
or small construction activity. Check one box only.
"Large Construction Activity" means construction activity that result in the disturbance of five (5) or
more acres of total land area. Large construction activity also includes the disturbance of less than five
acres of total land area that is part of a larger common plan of development or sale if the larger
common plan will ultimately disturb five acres or more.
TP A#1953633 .11
GC-CA-I-19
16be:
"Small Construction Activity" means construction activity that result in the disturbance of equal to or
greater than one (1) acre and less than five (5) acres of total land area. Small construction activity also
includes the disturbance of less than one acre of total land area that is part of a larger common plan of
development or sale that will ultimately disturb equal to or greater than one acre and less than five
acres.
Item B.: Provide the approximate total area of land disturbance in acres that the project will involve
from commencement of construction through completion.
Items C. - G..: Indicate the location where the Stormwater Pollution Prevention Plan (SWPPP) can be
viewed. Provide the address where the SWPPP can be viewed if other than as provided in Parts II or
III of the NO!. Note that to be eligible for coverage under the generic permit, the SWPPP must
have been prepared prior to filing this NOI.
Item H.: Enter the estimated construction start and completion dates in the MM/DD/YY format.
Part V - Discharge Information
Item A.: If stormwater from the project discharges to a municipal separate storm sewer system (MS4),
enter the name of the operator of the MS4 (e.g., City of Tallahassee MS4, Orange County MS4, FDOT
MS4, etc.). If stormwater from the project does not discharge to an MS4 but rather discharges to
surface waters of the State, leave this item blank or indicate "N/A" and skip to Item B of this part.
Please note that if the project discharges stormwater to an MS4, you must provide the MS4
operator with a copy of the completed NOI.
Item B.: If the project discharges stormwater to surface waters of the State, and not to an MS4, enter
the name of the receiving water body to which the stormwater is discharged. Please provide the first
named water body to which the stormwater from the project is discharged (e.g., Cypress Creek, Tampa
Bay, unnamed ditch to St. Johns River, Tate's Hell Swamp, etc.).
Part VI - Certification
Type or print the name and official title of the person signing the certification. Please note that this
should be the same person as indicated in Item II.G. as the Responsible Authority. Sign and date the
certification.
Section 403.161, F.S., provides severe penalties for submitting false information on this
application (NOI) or any reports or records required by a permit. There are both civil and
criminal penalties, in addition to the revocation of permit coverage for submitting false
information.
Rule 62-620.305, F.A.C., requires that the NOI and any reports required by the permit to be
signed as follows:
A. For a corporation, by a responsible corporate officer as described in Rule 62-620.305,
F.A.C.;
B. For a partnership or sole proprietorship, by a general partner or the proprietor,
respectively; or,
C. For a municipality, state, federal or other public facility, by a principal executive officer or
elected official.
TPA#1953633.11
GC-CA-I-20
(--,
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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES)STORMVVATER
NOTICE OF TERMINATION
(RULE 62-621.300(6), F .A.C.)
------~-~--------------~~-------~
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This form is to be completed and submitted to the Department to
terminate coverage under the Generic Permit for Stormwater Discharge From Construction Activities
that Disturb Five or More Acres of Land and the Generic Permit for Stormwater Discharge from Large
and Small Construction Activities_provided in Rule 62-621.300(4), F.AC., and the Multi-Sector
Generic Permit for Stormwater Discharge Associated with Industrial Activity provided in Rule 62-
621.300(5), F.AC.,_as well as the conditional exclusion for "no exposure" of industrial activities and
materials to stormwater provided in Rule 62-620.100(2)(0), F.AC. All information provided on this
form shall be typed or printed in ink.
I. TERMINATION INFORMATION:
A. Facility/Project Numbe
B. Reason for
Termination:
o No longer operator of the facility/project.
Final stabilization criteria is met and all stormwater discharges associated with construction activity have
o ceased
(for construction activity on ).
U All stormwater discharges associated with industrial activity have ceased (for industrial activity only).
o No longer meet the condition of "no exposure" (for industrial activity only).
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II. OPERATOR INFORMATION:
A. Operator Name:
B. Address:
C. City: I D. State: E. Zip Code:
F. Responsible Authority: G. Responsible Authority's Phone No.:
H. Responsible Authority's Email Address: I. Responsible Authority's Fax No.:
III. FACILITY/PROJECT INFORMATION:
A. Name:
B. Address/Location:
C. City: I D. State: I E. Zip Code:
F.:..County:
=
TPA#1953633.11
GC-CA-I-21
1''''
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IV. CERTIFICA TION2:
I certify under penalty of law that all stormwater discharges associated with industrial or
construction activity from the identified facility or project that are authorized by the referenced
State of Florida generic permit have been eliminated; the facility no longer meets the
conditional exclusion for "no exposure" outlined in Rule 62-620.100(2)(0), F.A.C.; or that I am
no longer the operator of the facility or project. I understand that by submitting this Notice of
Termination, I am no longer authorized to discharge stormwater associated with industrial or
construction activity under a generic permit, and that discharging pollutants in stormwater
associated with industrial or construction activity to surface waters of the State is unlawful
unless authorized by a permit issued pursuant to 403.0885, F.S. I also understand that the
submittal of this Notice of Termination does not release an operator from liability for any
violations of this permit or conditional exclusion for "no exposure" from NPDES stormwater
permitting for industrial activities.
Date Signed:
Signature:
2 Signatory requirements are contained in Rule 62-620.305, F.A.C.
TPA#1953633.11
GC-CA-I-22
1682
INSTRUCTIONS - DEP FORM 62-621.300(6)
NPDES STORMW ATER NOTICE OF TERMINATION (NOT)
Who May File a NOT:
Permittees who presently are covered under the Generic Permit for Stormwater Discharge
From Construction Activities that Disturb Five or More Acres of Land or Generic Permit for
Stormwater Discharge from Large and Small Construction Activities
provided in Rule 62-621.300(4), F.A.C., the Multi-Sector Generic Permit for Stormwater Discharge
Associated with Industrial Activity provided in Rule 62-621.300(5), F.A.C., or the conditional
exclusion for "no exposure" of industrial activities and materials to storm water provided in Rule 62-
620.100(2)(0), F.A.C. may submit a Notice of Termination (NOT) when their facility or project no
longer has any stormwater discharges associated with industrial activity as defined in Rule 62-
620.200(46) F.A.C.; storm water discharge associated with construction activity as defined in DEP
Document 62-621.300(4)(a); no longer meets the condition of "no exposure" defined in Rule 62-
620.100(2)(0), F.A.C.; or when they are no longer the operator ofthe facility or project.
For construction activities, elimination of all stormwater discharges associated with industrial activity
occurs when disturbed soils at the construction site have been finally stabilized and temporary erosion
and sediment control measures have been removed or will be removed at an appropriate time, and all
stormwater discharges associated with construction activity from the construction site that are
authorized under the generic permit have been eliminated. Final stabilization means that all soil-
disturbing activities at the site have been completed and that a uniform (e.g., evenly distributed,
without large bare areas) perennial vegetative cover with a density of at least 70% for all unpaved areas
and areas not covered by permanent structures has been established, or equivalent permanent
stabilization measures (e.g., geotextiles) have been employed.
Where to File NOT:
One copy ofthe completed NOT shall be submitted to the following address:
NPDES StormwaterNotices Center, MS #2510
Florida Department of Environmental Protection
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
NOT Application Fee:
There is no application fee for submitting a NOT.
Additional Notification:
If storm water associated with industrial or construction activity discharged to a Municipal Separate
Storm Sewer System (MS4), a copy of the completed NOT shall be provided to the operator of the
MS4.
For construction activities, if other contractors/subcontractors are covered under the permittee's Notice
of Intent (NOI) and/or Stormwater Pollution Prevention Plan (SWPPP), a copy of the completed NOT
shall be provided to each additional contractor/subcontractor known to the permittee to be covered or
claiming coverage under the permittee's NOI and/or SWPPP. Contractors/subcontractors claiming
coverage under a permittee's NOI must assure proper permit coverage for the duration of their
regulated activity. Failure of the permittee to provide a copy of the NOT as provided herein shall not
relieve the contractor/subcontractor relying upon the permittee's NOI from the required permit
coverage or any potential enforcement action arising from the regulated activity.
TPA#1953633.11
GC-CA-I-23
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Part I - Termination Information:
Item A.: Enter the DEP Facility/Project Number for the facility/project.
Item S.: Indicate the reason for termination of coverage.
Part II - Operator Information:
Item A.: Provide the legal name of the entity (operator) to which coverage was granted.
Items B. - E.: Provide the complete mailing address of the operator, including city, state, and zip code.
Items F. - G.: Provide the name and telephone number (including area code) of the person authorized
to submit this NOT on behalf of the operator. This should be the same person as indicated in the
certification in Part IV.
Items H.-I.: Provide the email address and fax number (including the area code) of the person
authorized to submit this NOT on behalf of the operator. If the responsible authority does not have or
does not wish to provide this information, indicate "N/A" in the appropriate space provided.
Part III -FacilitylProject Information:
Items A. - E.: Enter the official or legal name and complete street address, including city, state, and
zip code of the facility/project site. Do not provide a P.O. Box number as the street address. If it lacks
a street address, describe the facility/project site location (e.g., intersection of State Road 1 and Smith
Street).
Item F.: Enter the county in which the facility/project site is located.
Part IV - Certification:
Type or print the name and official title of the person signing the certification. Sign and date the
certification.
Section 403.161, F.S., provides severe penalties for submitting false information on this NOT or
any reports or records required by a permit. There are both civil and criminal penalties for
submitting false information.
Rule 62-620.305, F.A.C., requires that the NOT be signed as follows:
A. For a corporation, by a responsible corporate officer as described in Rule 62-620.305,
F.A.C.;
B. For a partnership or sole proprietorship, by a general partner or the proprietor,
respectively; or
C. For a municipality, state, federal or other public facility, by a principal executive
officer or
elected official
TPA#1953633.11
GC-CA-I-24
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Maintenance of Traffic Procedure 02-23-06 as Referenced in BASIC
STORMWATER MANAGEMENT DEPARTMENT CONDITIONS - TRAFFIC
CONTROL SECTION
A. Contractor Requirements (External):
1. Each Contractor shall maintain at least one employee on-staff that has obtained a
Work Zone Traffic Control Safety Qualification from the International Municipal
Signal Association (I.M.S.A.) or an approved, equivalent qualification from the
American Traffic Safety Services Association (A.T.S.S.A.), the Florida Department
of Transportation (F.D.O.T.) or any other agency, group or consulting firm that
provides acceptable certifications in this area. Approval shall be obtained through
Collier County's Risk Management Department.
2. Effective November 6, 2001, each Contractor shall obtain one of the above
mentioned qualifications within sixty (60) days upon submission of a bid/quote or
prior to the start of any work activity and/or Notice to Proceed, whichever is sooner.
Failure to comply with this requirement may result in project shutdown, loss of
contract or failure to bid any additional Collier County Projects until qualification is
obtained.
3. Each Contractor shall provide copies of qualifications, attached to company
letterhead, to Collier County's Risk Management Department for documentation
purposes. This file shall be evaluated for adequate qualifications prior to any
contract being awarded. A complete copy of the Collier County M.O.T. Policy is
also available from Risk Management. Contact information can be obtained from
Attachment # 1.
4. Maintenance of Traffic Policy Review shall be held during the initial pre-
construction meeting in order to answer any questions that may arise regarding the
Policy. These meetings shall be coordinated through Collier County's Project
Management, however, it is ultimately the Contractor's responsibility to make sure
all questions and concerns are addressed.
5. Where right-of-way connection or work permits are required, the Contractor shall
submit a Maintenance of Traffic (M.O.T.) Plan for any project involving work or
activity that may affect traffic on any County street, roadway, median, bike path or
sidewalk. The M.O.T. Plan must be signed by the contractor's qualified "Work
Zone" employee or developing agency and submitted to all applicable departments.
6. Specific permitting requirements shall be obtained from Collier County's
Transportation Engineering and Construction Management Department, Collier
County's Transportation Operations Department, Permit Section, or other
applicable departments, as necessary. This must be done before any work begins.
Contact information is available in attachment # 1. A copy of the M.O.T. Plan must
also be kept at the work location at all times.
7. In the event that the M.OT. Plan changes during the project, documentation of the
change(s) shall be made by the contractor's qualified Work Zone employee and
TPA#1953633.11
GC-CA-I-25
16
lie,..;..:..!
noted on the work-site M.O.T. Plan. The Contractor is not required to forward the
changes to the M.O.T. Plan to applicable Collier County departments or their
representatives, unless directed to do so. However, the Contractor will be required
to show changes on the written M.OT. Plan and present them upon request.
8. The Contractor must ensure that all their employees and sub-contracted
employees have knowledge and have proven to be competent in setting up work
zones when the Contractor's qualified Work Zone Safety Inspector will not be
immediately available.
9. Emergency work that is being performed by a Contractor will not require the
Contractor to submit a M.O.T. Plan. However, the Contractor must comply with all
requirements, as previously described.
10.AII signs shown on the M.O.T. shall comply with the current M.U.T.C.D. - Part VI
or the 600 Series of Florida Department of Transportation Design Standards.
11.AII aspects of the current M.U.T.C.D. - Part VI and/or F.D.O.T. Design Standards,
600 series shall be strictly followed and enforced at all times.
12. Every attempt shall be made to avoid lane/road closures: Where it is not possible
to completely avoid these closures, the following procedures shall be followed:
a. The Contractor shall notify Collier County's T.E.C.M. Department,
Transportation Operations Department and/or the Transportation Division's
Community Liaison. Collier County will assist in the public notification of said
lane/road closures; however, it is ultimately the contractor's responsibility to
ensure that all necessary parties have been informed.
b. No road/lane closures will be permitted between the hours of 7:00 - 9:00 A.M.
and between 3:30 P.M. and 6:30 P.M. Exceptions can be made at the
discretion of the Transportation Services Administrator or designee.
Emergency closures do not fall under these requirements. If an emergency
closure is necessary during the times listed above, notification to applicable
Collier County's departments must be made as soon as possible (within 1 hr).
c. The Contractor must also notify Collier County's Bureau of Emergency
Services Division and/or any of the below listed agencies, when, the lane/road
closure may cut off a standard route used by Fire, E.M.S., Police or other
emergency agencies. The Contractor shall also make the appropriate
notifications when closures may affect schools, residents or businesses.
d. Such notifications must be made at least 5 working days prior to the start of
construction or as soon as possible (within 1 hour) in the event of an
emergency. Notification of project termination shall also be made to above-
mentioned parties as soon as the project is completed.
e. Closures on two-lane two-way roads must be limited, where possible, to single
lane closures with traffic controlled by approved traffic control devices, fJaggers,
TPA#1953633.11
GC-CA-I-26
temporary traffic lighting and/or other approved means of work zone trl~ B 2
control as specified within the M.U.T.C.D. (current edition) and/or the F.D.O.T.
Design Standards (current edition).
f. Lane closures on multilane roads should be limited to single lane closures,
where possible. Where single lane closures are not feasible, Contractors shall
submit justification for the closure of multiple lanes. The Transportation
Services Administrator or his designee shall make final determination.
However, where multiple lane closures create a greater hazard to pedestrians,
bicyclists, vehicular traffic or others using existing sidewalks, bike paths or bike
lanes, Collier County's Risk Management will have final authority over these
closures.
g. If the work cannot be performed without closing all traffic lanes, but the closures
can be limited to intervals no longer than five-minute durations (e.g., to
accommodate necessary equipment operations), flaggers shall be used to
control traffic as necessary. ALL FLAGGERS SHALL BE PROPERLY
TRAINED IN FLAGGING METHODS.
h. If the work cannot be performed without closing all traffic lanes for periods
longer than five (5) minute durations, provisions must be made to maintain
access to all developed properties, businesses, etc. Access may be granted by
properly signed and/or marked detours or other approved methods.
I. The Contractor shall prepare a detailed M.O.T. Plan where road closures are
proposed. The detailed M.O.T. Plan must show the limits of the road closure,
detour routes and/or other means of maintaining access, temporary signage
and markings that will be used, and any other information deemed necessary
according to state (F.D.O.T. Design Standards 600 Series) and/or Federal
(M.U.T.C.D.) regulations.
J. The M.O.T. Plan for road closures shall be submitted to respective parties at
least five business days prior to each separate road closure. No road closures,
other than for an emergency, are authorized without the prior approval of the
Transportation Services Administrator or an appointed designee.
k. If an immediate road closure is necessary to safeguard life and/or public or
private property, prior approval will NOT be required. However, notification to
Collier County Risk Management, the Transportation Services Administrator or
designee, the Permits Manager or an appointed designee shall be made as
soon as possible (within 1 hour), as long as the notification effort does not
compromise the primary efforts to safeguard life and/or property.
Upon request from Collier County's Risk Management Department, the Transportation Operations
Department or any Collier County Work Zone Inspector, the Contractor shall provide M. O. T. Plans at
any time during the project. In the event that the approved MOT plan is not available or not being
followed, the Contractor must immediately eliminate all deficiencies. Failure to comply may result in
project shutdown until all deficiencies are corrected and will be determined according to the hazards
that are presented and their potential effect on public safety.
TPA#1953633.11
GC-CA-I-27
1
COLLIER COUNTY GOVERNMENT CONTACT/EMERGENCY NUMBERS
Department Contact Daytime # Weekday Weekend Fax # EMERGENCY
Pager # Pager # #
Sheriffs Office Dispatch 239 793.9300 239.793.9300
VanicekTravis
Road Maintenance GossardGossard 239.774.8924 239.774.6406 Day: 239.417.6320
Eve: 239.417.6320
239.774.8925
Jerry Tharp
Wastewater Collections 239.591.0186 239.253.8169
Water Distribution 239.530.6239 239.982.2215 239.982.2215 239.263.8619 239.732.2558
Victor Philogene
Traffic Signals Bob Tipton 239.774.8260 239.982.3446 239.982.3446 239.213.5868 Day: 239.774.8260
Eve: 239.253.0458
Steve E. Ritter
Traffic Signs Bob Tipton 239774.8260 239.5135798 239.277 .4227 239.213.5868 Day: 239.774.8260
Eve: 239.253.0458
Greg Barlow
Risk Management - Safety Michael Dock 239.7748283 239.774.8048 239.253.0921
Engineer
239.774.8091
,k Management - Safety
maaer
Purchasing 239.774.8407 239.732.0844
-..-....."
Main Number 239.774.8192 239.595.6545
Jmmunity Liaison Gregg Strakaluse
Eileen Webster 239.774.8271 239.7749370 239.253.5616
Connie Dean
239.213.5832
239.774.8365
Diane B. Flagg Day:
ternative Transportation Director 239.774.8192 239.213.5899
Bob Petersen Cell:
239.253.4982
Landscape Operations Cell:
239.253.2326
Bob Tipton Day:
ansportation Operations Director 239.659.5782 239.659.5787 Day: 239659.5782
Cell: Eve: 239.598.3123
239.253.0420
Day:
Permits Manager Mitch Riley 239.659.5767 239.213.5828 Day: 239.659.5767
Cell:
239.253.3164
Sandi Brunker Day:
TECM Liaison 239.774.8271
Cell:
239.734.0384
Public Utilities Engineering Fred Sexton Cell:
Inspector 239.877.8288
TPA#1953633.11
Revision Date February 24, 2006
GC-CA-I-28
1682
EXHIBIT J
TECHNICAL SPECIFICATIONS
COLLIER COUNTY
14TH STREET OUTFALL
IMPROVEMENTS
NAPLES, FLORIDA
Technical Specifications
TBE Project No. 00026-019-00
Prepared by:
TBE Group, Inc.
August 2006
TPA#1953633.11
11.:8" 2'
.ib ~" ;.,'
TECHNICAL SPECIFICATIONS
TABLE OF CONTENTS
SECTION
PAGES
SPECIAL PROVISIONS.. ............................. ........ ........ ................... ....... ................. SP1-8
ARTICLE 15: MEASUREMENT & PAYMENT.............................................................. 1-4
SECTION 02002: TESTING ................ ............. ................................................ .02002-1-2
SECTION 02011 : MOBILIZATION....... ... ............. ..... ... ................. ............. .......... 02011-1
SECTION 02100: CLEARING AND GRUBBING ..................... ...................... ....021 00-1-2
SECTION 02126: EROSION CONTROL......................................................... ..02126-1-2
SECTION 02220: EXCAVATION AND BACKFILL FOR UTILITY SYSTEM......02220-1-5
SECTION 02938: SODDING........ ............................................................... ......02938-1-3
SECTION 20725: STORM DRAINAGE SYSTEM .............................................20725-1-5
SECTION 21181: MAINTENANCE OF TRAFFiC................... .................... .......21181-1-5
TBE Job. NO.00026-019-QQ
Collier Co. 14'h St. Outfall Improvements
TOC
TOC-1
16:-'
SPECIAL PROVISIONS
GENERAL
This Section amends, enhances or otherwise revises the Technical Specifications.
STANDARD SPECIFICATIONS
The standard Specifications to be used for this work shall be the latest edition of the Florida
Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction,
and all Supplemental Specifications thereto, hereinafter referred to as the Standard
Specifications, except as amended under this Contract.
NO SEPARATE PAYMENT FOR SPECIAL PROVISIONS
No separate payment will be made for the Contractor to execute Special Provisions. All
expenses borne by the Contractor shall be included in the individual unit prices for the
particular pay item.
CONSTRUCTION STAKING
All construction staking and survey work shall be completed prior to Clearing and Grubbing
activities and shall be performed by a Registered Land Surveyor, unless otherwise approved.
LABORATORY TESTING
Cost of all required laboratory testing shall be borne by the Owner. The cost of all re-testing
due to defective materials or construction maybe charged to the Contractor. See Plan Sheet
2, General Note 38.
Testing shall be in accordance with the applicable portions of Section 02002, Testing Schedule
of these Specifications.
MEASUREMENT AND PAYMENT
a. See Article 15: Measurement and Payment and the Proposal Schedule for specific
provisions.
b. All measurements shall be taken horizontally or vertically unless specifically provided
otherwise.
c. No payment will be made for construction over a greater area than authorized, nor for
material moved from outside of stakes and data shown on the plans, except when such
work is performed upon instructions of the Engineer.
d. The Contractor shall accept compensation provided under the terms of this contract as
full payment for furnishing all materials and for performing all work contemplated and
embraced under this contract. Such compensation shall also be for any and all loss or
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Collier Co. 14th St. Outfall Improvements
Article 15: Measurement and Payment - I
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damage arising out of the nature of the work or from the action of the elements, or from
any unforeseen difficulties or obstructions encountered during the contract period until
final acceptance by the Owner.
e. Whenever any change, or combination of changes, on the plans results in an increase
or decrease in the original contract quantities, and the work added or
decreased/eliminated is of the same general character as that called for on the plans,
the Contractor shall accept payment in full at the original contract unit prices for the
actual quantity of work performed, with no allowance for any loss of anticipated profits.
f. Any quantity item not indicated in the Proposal Schedule but shown on the Plans shall
be considered incidental and all costs there of shall be included in the applicable
Schedule line item price.
g. It is the Contractor's responsibility to perform a detailed quantity take-off from the plans
to determine actual quantities for ordering and delivery purposes. The Owner will not
be responsible for quantities ordered in excess of those installed and constructed. The
Contractor should be aware that some of the pay items may have contingency
quantities. Payment shall be made only for final in-place quantities.
No payment shall be made for contingency quantities or additional work unless
otherwise directed and approved in writing by the Engineer.
h. Proposal Schedule Completion - the blank spaces in the bid schedule shall be filled in
correctly where indicated for each and every item for which a description is given, as the
bidder must state the unit prices for which he proposes to do each part of the work
contemplated, and the total price for all the parts included in any or all of the
combinations of the work. In case of a discrepancy, the written words for "unit price",
where stated, shall be considered as being the unit price. If the bid schedule does not
use the written words for the unit price, then the numerically correct "total price", shall
be considered as being the total price.
RESTORATION
Payment for restoration shall be covered under the applicable restoration Pay Items as
specified in the Proposal. If a specific restoration Pay Item is not listed in the proposal, the
cost of such work shall be included in the applicable Pay Item unless otherwise provided under
separate restoration section or pay quantity of these Specifications.
COOPERATION WITH OTHERS
The Contractor shall cooperate with the owners of any underground or overhead utility lines in
their removal and rearrangement operations, in order that these operations may progress in a
reasonable manner and that service rendered by these parties will not be interrupted. The
Owner shall not be responsible for costs associated with delays, disruptions and
remobilizations attributed to utility agency scheduling.
TBE Job. NO.00026-019-00
Collier Co. 14th St. Outfall Improvements
Article 15: Measurement and Payment - 2
16182'
GUARANTEE
All work shall be guaranteed for 12 months after completion and acceptance of the work
unless otherwise specified. The guarantees are to be construed as being supplemental in
nature and in addition to any and all other remedies available to the Owner under the laws of
the State of Florida.
SITE INVESTIGATION
The Contractor acknowledges that he has satisfied himself as to the nature and location of the
work; the general and local conditions, including but not restricted to those bearing upon
transportation, disposal, handling and storage of materials; availability of labor, water, electric
power, roads; and uncertainties of weather, river stages, tides or similar physical conditions at
the site; the conformation and conditions of the ground; the character of equipment and
facilities needed preliminary to and during prosecution of the work.
The Contractor further acknowledges that he has satisfied himself as to the character, quality
and quantity of surface and subsurface materials or obstacles to be encountered, insofar as
this information presented by the drawings and Specifications made a part of this contract.
Any failure by the Contractor to acquaint himself with the available information will not relieve
him from responsibility for estimating properly the difficulty or cost of successfully performing
the work.
The Owner assumes no responsibility for any conclusions or interpretations made by the
Contractor on the basis of the information made available by the Owner. The Owner also
assumes no responsibility for any understanding or representations made by its officers or
agents during or prior to the execution of this Contract, unless (1) such understanding or
interpretations are made in writing by the Engineer or are expressly stated in the Contract and
(2) the Contract expressly provides that the responsibility therefore is assumed by the Owner.
CONTRACTOR/SUBCONTRACTOR WORK EXPERIENCE AND QUALIFICATIONS
The Contractor or subcontractors shall have a minimum of three years experience in their
particular trade and shall provide a minimum of three references relating specifically to the
type of work that shall be performed for this project.
The Contractor shall assure that all superintendents, foremen and workmen are competent,
careful and reliable. All workmen must have sufficient skill and experience to properly perform
the work assigned them. All workmen engaged on special concrete bases, pavements or
structures, or in any trade, shall have had sufficient experience in such work to perform it
properly and satisfactorily and to operate the equipment involved, and shall make due and
proper effort to execute the work in the manner prescribed in the Specifications, or the
Engineer may take action as prescribed below.
Whenever the Engineer has determined that any person is incompetent, unfaithful,
intemperate, disorderly or insubordinate, such person shall upon notice, be discharged from
the work and shall not again be employed on it except with the written consent of the Engineer.
Should the Contractor fail to remove such person or persons the Engineer may withhold all
TBE Job. No.00026-019-00
Collier Co. 14th 81. Outfall Improvements
Article 15: Measurement and Payment - 3
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J)
estimates, which are or may become due, or may suspend the work until such orders are
complied with.
Within ten days after the award of any subcontract, either by himself or a subcontractor, the
Contractor shall deliver to the Engineer a statement setting forth the name and address of the
subcontractor and a summary description of the work subcontracted.
The Contractor shall be as fully responsible to the Owner for acts and omissions of his
subcontractor and of persons either directly or indirectly employed by them, as he is for the
acts and omissions of persons directly employed by him.
TREE REMOVAL PERMIT
The Contractor shall obtain all necessary tree permits prior to any tree removal.
OTHER PERMITS
The Contractor shall comply and adhere to conditions stipulated in other project related
permits. It is the Contractor's responsibility to request or obtain a listing of available required
permits for this project.
DEWATERING, SHEETING AND BRACING
Payment for dewatering, sheeting and bracing shall be included in the applicable pay items unless
separate pay items are specified.
Approval of Dewatering Plan:
At least 10 days prior to the commencement of any dewatering activity, the Contractor shall
submit to the Project Manager for record purposes only, a detailed description of the proposed
dewatering system. This plan shall include design computations, layout, type, and spacing of
dewatering devices, number and size of pumps and other equipment, with a description of the
installation and operating procedures.
MAINTENANCE OF TRAFFIC PLAN
The Contractor shall prepare a Maintenance of Traffic plan and submit it to the Engineer and
the Project Manager for review prior to implementation. It must allow for traffic to operate in
daytime or nighttime. No road closures will be allowed without approval from the Engineer.
UNDERGROUND UTILITY LOCATIONS
The Contractor shall field verify by means of subsurface locating or other approved method all
existing utilities to remain and conditions as may be required for the work area. This shall
include all areas of potential conflicts with proposed storm, sanitary, force main and water
main. The Contractor shall locate all existing utilities to remain at potential conflict locations
prior to construction activities and before ordering any proposed structures. The Contractor
shall contact and coordinate with "Sunshine" as well the individual utilities prior to and during
construction for utility locations, relocation and assistance while installing in potential conflict
areas. All utility coordination and relocations shall be factored into the Contractor's
construction schedule at no additional cost to the Owner.
TBE Job. No.00026-019-00
Collier Co. 14'h St. Outfall Improvements
Article 15: Measurement and Payment - 4
16l
The cost of all labor, materials and incidentals required for the performance of any survey and utility
location work shall be included under the pay item for Mobilization. A Florida registered land
surveyor shall perform all survey work.
DAILY CLEAN-UP REQUIREMENTS
The Contractor shall clean up the job site at the end of each workday. Clean up will include
the elimination of rubble and waste material on public and private property. Driveways shall
remain accessible by residents. Each Friday, the Contractor shall prepare the road surface
and barricades in an acceptable manner for weekend traffic use.
UTILITY CONFLICTS
It shall be the Contractor's responsibility to avoid conflicts with other utilities. The Owner will
not be responsible for additional costs incurred by the Contractor for incorrect installations,
relocations and breaks due to service conflicts.
MAINTENANCE AND RESTORATION OF JOB SITE
The Contractor shall conduct his operations in such a manner as will result in a minimum of
inconvenience to occupants of adjacent homes and business establishments and shall provide
temporary access as directed or as may be required by the Project Manager. All final
restoration must be performed to an equal or better condition than that which existed prior to
construction.
Good housekeeping on this project is extremely important and the Contractor will be
responsible for keeping the construction site neat and clean, with debris being removed daily
as the work progresses or as otherwise directed by the Project Manager. Good housekeeping
at the job site shall include: Removing all tools and temporary structures, dirt, rubbish, etc.;
hauling all excess dirt, rock, etc., from excavations to a dump provided by the Contractor; and
all clean up shall be accomplished to the satisfaction of the Project Manager. Dust will be
controlled daily as may be required. Immediately after construction completion in an area or
part thereof (including restoration), barricades, construction equipment and surplus and
discarded materials shall be removed by the Contractor.
In the event that the timely clean up and restoration of the job site is not accomplished to the
satisfaction of the Project Manager, the Project Manager shall make arrangements to affect the
necessary clean up by others. The Contractor shall be charged for these costs through
deductions in payment due the contractor. If such action becomes necessary on the part of an
in the opinion of the Project Manager, the Owner shall not be responsible for the inadvertent
removal from the work site of materials which the Contractor would not normally have disposed
of had he affected the required clean up.
NOTICE AND SERVICE THEREOF
All notices, which shall include demands, instructions, requests, approvals, and claims shall be
in writing. Any notice to or demand upon the Contractor shall be sufficiently given if delivered
to the office of the Contractor specified in the bid (or to such other office as the Contractor
may, from time to time, designate to the Owner in writing), or if deposited in the United States
mail in a sealed, postage prepaid envelope, or delivered, with charges prepaid, sent via fax
TBE Job. NO.00026-019-00
Collier Co. 14th St. Outfall Improvements
Article 15: Measurement and Payment - 5
16 L.
transmission, or to any telegraph company for transmission, in each case addressed to such
office.
All notices required to be hand delivered to the Owner, unless otherwise specified in writing to
the Contractor, shall be delivered to the Project Manager, and any notice to or demand upon
the Owner shall be sufficiently given as delivered to the office of the Project Manager, or if
deposited in the United States mail in a sealed, postage prepaid envelope, sent via fax
transmission, or delivered with charges prepaid to any telegraph company for transmission, in
each case addressed to said Project Manager or to such other representative of the Owner or to
such other address as the Owner may subsequently specify in writing to the Contractor for such
purposes.
Any such notice or demand shall be deemed to have been given or made as of the time of
actual delivery or (in the case of mailing) when the same should have been received in due
course of post or in the case of a fax transmission or telegram at the time of actual receipt, as the
case may be.
REQUIREMENTS FOR CONTROL OF THE WORK
Prior to the start of the Work described in this contract, a pre-construction conference may be
held by the Project Manager to be attended by the Contractor and representatives of the
various utilities and others as required, for the purpose of establishing a schedule of operations
which will coordinate the work to be done under this contract with all related work to be done
by others within the limits of the project.
All items of work in this contract shall be coordinated so that progress of each related item will be
continuous from week to week. The progress of the work will be reviewed by the Project Manager
at the end of each week, and if the progress of any item of work during that week is found to be
unsatisfactory, the Contractor shall be required to adjust the rate of progress on that item or other
items as directed by the Project Manager without additional compensation. The Contractor will
continuously prosecute the work until completed.
USE OF PRIVATE PROPERTY
All construction activities required to complete this project in accordance with the Contract
Documents shall be confined to public right-of-way, easements of record or temporary
construction easements, unless the Contractor makes specific arrangements with private
property owners for his use of their property. Written authorization from the granting property
owner shall be placed on file with the Project Manager prior to utilization of said private
properties. The Owner assumes no responsibility for damage to private property in such
instances. The Contractor is responsible for protection of private property abutting all work
areas on this project. Adequate equipment storage and material storage shall also be
accomplished outside the Owner's right-of-way. Pipe and other materials shall not be strung
out along the right-of-way, but will be delivered in quantities adequate for one day's installation.
The Owner will coordinate with the Contractor to identify possible storage sites.
PRE-CONSTRUCTION PHOTOGRAPHY
The Contractor shall do a pre-construction videotape on this project and provide two copies to
the Owner. Payment for this item shall be included under the pay item for Mobilization.
TBE Job. NO.00026-019-00
Collier Co. 14th st. Outfall Improvements
Article 15: Measurement and Payment - 6
~r,
lCL
MINIMUM REQUIREMENTS FOR PROSPECTIVE CONTRACTORS
All Bidders are hereby advised that the City will only accept bids from qualified Contractors
who have successfully completed a minimum of three projects during the past five years
of a similar type as the project being bid, and whose project Superintendent has also
successfully completed a minimum of three projects of a similar type during the past five years.
Failure to demonstrate compliance to the following qualification requirements will render the
bid non-responsive.
Within the past five years, Contractors shall have completed stormwater and roadway
improvement projects (including paving, drainage and utilities) for a public agency with a
minimum value of $200,000.
CONTRACTOR'S SUPERVISION
a. Prosecution of Work: The Contractor shall give the work the constant attention necessary
to assure the scheduled progress. He shall cooperate fully with the Engineer and with
other Contractors at work in the vicinity.
b. Contractor's Superintendent: The Contractor shall at all times have on the work as his
agent, a competent superintendent capable of thoroughly interpreting the plans and
specifications and thoroughly experienced in the type of work being performed, who shall
receive the instructions from the Engineer or his authorized representatives. The
superintendent shall have full authority to execute the orders or directions of the Engineer
and to supply promptly any materials, tools, equipment, labor and incidentals that may be
required. Such superintendence shall be furnished regardless of the amount of work
sublet.
c. The Contractor's superintendent shall speak and understand English, and at least one
responsible person who speaks and understands English shall be on the project during all
working hours.
d. Supervision for Emergencies: The Contractor shall have a responsible person available at
or reasonably near the work site on a 24-hour basis, 7 days a week, in order that he may
be contacted for emergencies and in cases where immediate action must be taken to
maintain traffic or to handle any other problem that may arise. The Contractor's
responsible person for supervision for emergencies shall speak and understand English.
The Contractor shall submit, by certified mail, phone numbers and names of personnel
designated to be contacted in cases of emergencies along with a description of the project
location to the Florida Highway Patrol and all other local law enforcement agencies.
LIST OF EMERGENCY CONTACT NUMBERS & UTILITY SERVICE MAINTENANCE
The Contractor shall obtain and maintain a list of emergency contact phone numbers for all
utilities during the course of the project The Contractor shall maintain utility service during the
project except for interruptions authorized by the utility owner. If interruptions are required, the
Contractor shall notify the Owner 48 hours in advance.
PROGRESS SCHEDULE
A progress schedule acceptable to the Engineer and the Owner shall be submitted prior to the
pre-construction conference and shall be updated on a monthly basis with the pay estimate
THE Job. NO.00026-019-00
Collier Co. 14th St. Outfall Improvements
Article 15: Measurement and Payment - 7
1682
submittal.
EXISTING SIDEWALK
If the Contractor, in the process of performing his contract operations, breaks any of the existing
sidewalks that are to remain in place, replacement of this sidewalk will be at the Contractor's
expense.
PEDESTRIAN ACCESS
The Contractor shall provide access and make provisions to maintain school zones during
construction. The Contractor is to facilitate pedestrian traffic whether for school or public
transportation.
ARTICLE 15 - MEASUREMENT AND PAYMENT:
Contract pay items and estimated quantities are set forth in the PROPOSAL SCHEDULE. The
Contractor shall accept the compensation as provided herein, as full payment for furnishing all
materials, labor, equipment, tools, and incidentals necessary to the completed work for the
performing of all work contemplated and embraced under the contract, and also for all loss
and/or damages resulting from the prosecution of the work, or from any discrepancy between
actual quantities and estimated quantities, or from acts of nature, or from unforeseen
difficulties and/or conditions that may be encountered during this prosecution of the work. All
work, materials, and costs shall be included in the contract unit prices or lump-sum amounts
set forth for the pay items listed in the PROPOSAL SCHEDULE. Any work, materials, or costs
that are not specified in the PROPOSAL SCHEDULE shall be considered incidental and shall
be included in the appropriate PROPOSAL SCHEDULE Pay Item.
The method and or basis of payment and/or measurement for pay items may be set up or
stated differently in the Proposal Schedule for project or convenient reasons. Also, specific
pay items may be set forth in the Proposal Schedule which is not specifically covered in this
Section. In the event of conflict between the Proposal Schedule and this Section, the Proposal
Schedule shall take precedence. All partial pay descriptions shall be understood as less
standard retainage whether stated or not.
1 MOBILIZATION
Payment for Mobilization shall be made on a lump-sum basis, as set forth in the
Proposal Schedule. Partial payments for Mobilization will be made in accordance with
the following schedule.
Percent of Original Contract
Amount Earned
5
10
25
50
Allowable Percent
Of the Lump Sum
Price for the Item *
25
50
75
100
TBE Job. No.00026-019-00
Collier Co. 14'h St. Outfall Improvements
Article 15: Measurement and Payment - 8
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"i!
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*
Partial Payments for any project will be limited to 10% of the
original contract amount for that project. Any remaining amount will
be paid upon completion of all work on the project.
The standard retainage will be applied to these allowances. Partial
payments made on this item shall in no way act to preclude or limit any of
the provisions for partial payments otherwise provided for by the contract.
2 MAINTENANCE OF TRAFFIC (M-O-T)
2.1 - 2.2 14th Street - Frank Whiteman Blvd Area and 14th Street - Cypress Woods
Area
Payment for work under Maintenance-of-Traffic (M-O-T) items shall be on a
lump-sum basis as set forth on the Plans, or otherwise approved by the
Engineer. All work and costs incidental thereto including but not limited to
providing, installing, and maintaining all signs, barricades, cones, flagmen, etc.
as specified in the MUTCD and the FDOT Standard Indexes. Payment for work
under M-O-T shall also include the maintenance of all local driveways and
property accesses including the furnishing and installing of materials for
driveway, dust, and erosion control resources, and all costs for detours.
Signal installation and materials shall be accomplished per the specification in
the FDOT's Standard Specifications, 2004 edition; the FDOT's Minimum
Specification for Traffic Control Signals and Devices, 2000 edition; the FDOT's
Roadway and Traffic Design Standards, 2004 edition; and the plans.
Partial payments shall be based upon the percentage of completion as agreed by
the Engineer.
3 EROSION CONTROL
Erosion Control shall be paid for on the basis of sewer pipe installed and to be paid as
set forth in the Proposal Schedule. It shall be the Contractor's responsibility to meet all
erosion control requirements as set forth on Plan Sheet 6; and as required by all
governing authorities. Erosion Control measures performed and required beyond the
specific reaches stated shall be considered as incidental; and costs there of shall be
included in the stated pay items.
Measurement for payment shall be continuous along the centerline of sewer or pipe line
installed or removed in the respective reach, from end to end as applicable. Said
centerline of pipe pay basis shall cover all erosion control costs whether install one side
or both sides.
The unit price for the erosion control measures set forth in the Proposal Schedule shall
be the only specific payment for erosion control measures. In addition to said specific
TBE Job. NO.00026-019-00
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Article 15: Measurement and Payment - 9
unit prices, all other erosion control work, materials, and costs shall be considered as
incidental, or other applicable pay items.
Partial payments shall be based on 25% of the unit price due at completion of the
erosion control; 50% shall be prorated; and the last 25% due upon the complete
removal of the control measures.
4 CLEARING AND GRUBBING. SITEWORK
4.1 ClearinQ and GrubbinQ
Clearing and Grubbing shall be paid for on a per acre basis, or on a per linear
foot basis of construction reach, for work performed; and accepted by the
Engineer. Measurement shall be based on the lines (either right-of-way; limits-
of-clearing, linear foot of Sewer or Construction reach) and dimensions set forth
on the Plans. Said unit price shall cover all work and costs for the complete
clearing and grubbing work, including removal of asphaltic concrete surface
course; and disposal or burning.
4.2 Removal of ExistinQ Storm Water Piping
Removal of existing storm water piping shall be paid for on a linear foot basis for
work performed; and accepted by the Engineer. Measurement shall be based on
the actual linear feet of piping indicated on the plans for removal. Said unit price
shall cover all work and costs for the complete work, including removal of piping;
and disposal.
4.3 Removal of ExistinQ Storm Water Structures
Removal of existing storm water structures shall be paid for on a unit basis for
work performed; and accepted by the Engineer. Said unit price shall cover all
work and costs for the complete work, including removal structures; and disposal.
5 STORM DRAINAGE
5.1 - 5.4
Storm Water Inlets, Manholes. Special Structures. Etc.
Storm drainage structures and manholes shall be paid for on a per unit basis for
each structure as provided for in the Proposal Schedule. Unit prices are not
determined by depth.
No more than 75% of the unit price for a drainage structure shall be approved
until the complete top with grate, collar, throat, and, where applicable, wing-walls .
are constructed.
5.5 - 5.11
Storm Drainaae Pipe
Payment for furnishing and installing gravity piping shall be made on a per linear
foot basis, measured through manholes and inlets or to the center of manholes
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Article 15: Measurement and Payment- ]0
or inlets to the face of head-walls or end-walls and to the indicated limits for
mitered end sections.
Unit prices shall cover all costs for furnishing the pipe, pipe transportation,
jointing materials, labor, trenching, bedding, backfilling, dewatering, tie-ins to
existing manholes, unsuitable earth removal; and, suitable backfill replacement,
etc.
5.12 - 5.14 Mitered End Sections. End-Walls, and Head-Walls
Payment for storm water system drainage mitered end sections shall be on a per
unit basis as set forth in the Proposal Schedule for each unit completed, and
accepted by the Engineer. Unit prices shall cover all costs for furnishing
materials, transportation of pre-cast units, excavation and backfilling, connections
to other storm drainage features or facilities, dewatering, bedding, etc.
6 RESTORATION. LANDSCAPING & MISCELLANEOUS
6.1, 6.2, 6-5 - 6.8 - Complete Restoration
It is the intention of the Plans and these Specifications that all Project areas and
any off-site areas that may be disturbed by the construction to be restored
complete with like-kind and equal materials. Specific reaches may be called out
in the Proposal Schedule for purposes of payment, specific attention or for other
purposes. Complete Restoration shall include but is not limited to all sidewalks,
curb, pavement base and surface course, signs, mailboxes, shrubs, trees, other
landscaping, and sodding. Sidewalk, curbs, and pavement structures replaced
shall be replaced/ re-constructed in accordance with the Plan details; the
specifications cited; and/or to the recommendations of the manufacture as
appropriate and as approved by the Engineer. Newly cleared area or Project
reaches shall be sodded.
Measurement for payment shall be continuous along the centerline of the sewer
or pipe line in the respective reach; from end to end of hard improvements.
6.4 - 6.11
Soddinq
Sodding shall be paid for on a square yard basis for the actual sod installed and
maintained, and accepted by the Engineer. Partial payments for sod shall be no
more than 75%, until 90 days maintenance is completed or the time of
Substantial Completion. The contract unit price shall cover all work and
materials, including sod, backfilling, grading, installation, fertilization, watering,
and maintenance.
6.9 - 6.10 Replace Concrete or Asphalt Sidewalk and Driveways
TBE Job. NO.00026-019-00
Collier Co. 14th St. Outfall Improvements
Article 15: Measurement and Payment - II
I d 16B 2
Payment shal be ma e at the unit price per square yard as stated in the
Agreement for the completed and accepted item which price shall be full
compensation for furnishing all labor, equipment, tools, materials, and performing
all operations in connection with the construction of the concrete sidewalks. All
sidewalks and their connections to streets shall satisfy the criteria of the
Americans with Disabilities Act (ADA).
TBE Job. No.00026-Q19-00
Collier Co. 14th St. Outfall Improvements
Article 15: Measurement and Payment - 12
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SECTION 02002
TESTING SCHEDULE
-----------------------------~--------~_......-------------....------------------......------------..........--------..........----_....-----------
TESTING & CERTlFICA TION
Testing will be accomplished by an independent and certified testing laboratory, approved by the County
PROFESSIONAL. Any failures in testing will be corrected and retested prior to the continuation of work at that location.
The project will not be acceptable until all tests and verification thereof have been submitted to and approved by the.
County PROFESSIONAL. Any retesting due to evidence of failure in the original test, will be paid for by the
CONTRACTOR.
The following is a list of minimum test requirements respective to various items of work.
---------------------------------------------------------------------------------------....-----------...--------------....-------..-----
Maximum Density AASHTO T-180 N/A One per source.
Optimum Moisture ASTM D1557-C
Thickness AASHTO T191rr238 98% of maximum density Each course every 300 feet.
BASE Field Density ASTM 01556/02922 AASHTO T-180 Left and right of centerline.
Gradation, Atlerburg Florida DOT Florida DOT One per source.
Limits Sec. 911
Bearing Values Florida DOT LBR Minimum 40 LBR One per material Type*"
Stabilized Maximum Density AASHTO T -180 N/A One per material Type*"
Subgrade Optimum Moisture ASTM 01557
Field Density and AASHTO T191rr238 90% of maximum density One test each 500 LF,
Thickness ASTM 01556/02922 AASHTO T-180 staggered across the
roadwa
Slump Test AASHTO T 119-82 Florida DOT One per set of cylinders
ASTM C143
ACI318
Stnd. Bldg. Code 1988
Comprehensive AASHTO T23-80 Florida DOT One set of three cylinders for
Concrete Strength Cylinders ASTM C31-69 Sec. 345 100 cubic yards or fraction
ACI318 thereof placed each day as
Stnd. Bldg. Code 1988 called for by the
PROFESSIONAL (1 to be
tested at 7 days. 1 at 28 days
and 1 hold).
Air Content AASHTO T199-82 Florida DOT Florida DOT One per days
production.
TBE Job. No.00026-019-00
Collier Co. 14th St. Outfall Improvements
Testing Schedule
02002 - 1
jt
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""'-'
TESTING SCHEDULE
Continued
Test shall be located no more than 500' apart. Tests shall be performed on each lift, except that tests shall not be further apart than
one foot vertically. Field Densities shall be taken over all road crossings. Field Densities for Sanitary lines shall be staggered to
include results over service laterals. There shall be a minimum of one test series for each one foot of lift over pipeline between
manholes
Tests shall be located no more than 500' apart. There shall be no less than one test per street.
TBE Job. No.00026-019-00
Collier Co. 14th St. Outfall Improvements
Testing Schedule
02002 - 2
16B2
SECTION 02011
MOBILIZATION
SCOPE
Work under this section of the specifications consists of the preparatory work and operations in
mobilizing for the beginning of work on the project, including, but not limited to, those
operations necessary for the movement of personnel, equipment, materials and other
incidentals to the project site, and for the establishment of temporary offices, safety equipment,
sanitary and other facilities, as may be required by these specifications, the special provisions,
and State and local laws and regulations. The costs for Bonds, insurance and any other
preconstruction expense that may be applicable before the actual start of work, excluding cost
of construction material, shall also be included in this section.
MEASUREMENT AND PAYMENT
See Article 15, "Measurement and Payment"
SECTION 02100
CLEARING AND GRUBBING
PART 1 - GENERAL
1.01 DESCRIPTION OF WORK
The work included under this section consists of furnishing all necessary labor, equipment,
material and transportation necessary to complete the removal and disposal of all trees, brush,
stumps, roots, grass, weeds, rubbish and all other obstructions resting on or protruding
through the surface of the existing ground and excavated areas. The removal of asphaltic
concrete and other surface and flexible base courses (i.e., driveways, etc.) indicated on the
Plans is included as part of Clearing and Grubbing.
1.02 MEASUREMENT AND PAYMENT
See Article 15, "Measurement and Payment"
PART 2 - PRODUCTS -- Not Applicable.
PART 3 - EXECUTION
3.01 CLEARING AND GRUBBING
Unless otherwise shown on the Plans, all of the right-of-way areas and adjacent utility
easements for telephone, electric and cable TV distribution lines; utility easements for water,
storm drainage, and sanitary sewer construction; or areas designated for site grading shall be
cleared and grubbed.
Where excavation is required within the roadway area or building site areas, all stumps, roots,
etc., shall be removed to a depth of not less than 1 foot below the subgrade surface or final
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pad grade. Where fill is required within the roadway area or building site areas all stumps shall
be grubbed to a depth of 1 foot below existing grade and replaced with compacted backfill
before the area is filled.
Within all other areas where clearing and grubbing is required, all stumps, roots, and other
debris projecting through or appearing on the surface of the ground shall be removed to a
depth of 1 foot below the completed surface.
Applicable provisions of FDOT Standard Specifications Section 110 " Clearing and Grubbing"
shall apply to subject work.
3.03 REMOVAL OF IMPROVEMENTS
Remove existing above ground and below grade improvements and structures necessary to
permit construction, and other work as indicated.
3.04 DISPOSAL
All material and debris resulting from clearing or clearing and grubbing operations shall be
burned or otherwise disposed of. Disposal of such material shall become the responsibility of
the Contractor. It shall be the responsibility of the Contractor to obtain permits for burning in
areas where such permits are required and allowed on the Project site; and he shall be solely
responsible for any and all damage to surrounding property or areas caused by his burning
operations.
Prior to the beginning of construction, the Contractor shall provide a written description of his
plan to dispose off-site of the asphaltic concrete wearing surface to be removed, for the
approval of the Engineer. The Engineer may request, and the Contractor shall so furnish, any
permits, legal documentation, or other evidence regarding the disposal of asphaltic concrete.
3.05 OWNERSHIP OF MATERIALS
Except as may be otherwise called for on the Plans or in the Special Provisions, all buildings,
structures, appurtenances, and other materials removed by the Contractor shall become the
property of the Contractor, to be disposed of in areas provided by him.
SECTION 02126
EROSION CONTROL
PART 1 - GENERAL
1.01 DESCRIPTION OF WORK
The work included under this section consists of furnishing all necessary labor, equipment,
tools and materials, and in performing all operations in connection with erosion control,
including the installation of a staked silt barrier, of cloth or straw bales, or a floating silt barrier
for the protection of open water, wetland systems or areas intended to remain undisturbed by
adjoining work. '
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Sodding
02938-1
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The Contractor shall maintain the right-of-way during construction in a satisfactory manner to
prevent the deposition of sand, soil, dust, etc. by water, by wind erosion, or displacement by
vehicle, onto adjoining properties. Respective erosion control measures called for on the
Plans shall be in-place prior to the beginning of construction of the respective area. The
Contractor shall take particular care to prevent detrimental effects to private properties
adjacent to he right-of-way. Provisions, work, and procedures set forth in FDOT Standard
Specification Section 104, "Prevention Control, and Abatement of Erosion and Water Pollution"
shall be understood to apply, and as directed by the Engineer.
1.02 MEASUREMENT AND PAYMENT -- See Article 15, "Measurement and Payment"
PART 2 - PRODUCTS
2.01 STAKED FABRIC SILT BARRIER
The sediment control fabric is to be woven polypropylene meeting the following standards:
Mullen Burst Test (ASTM D-3786)200 psi (min.)
Grab Elongation (ASTM -D-1682) 30% (max.)
Slurry Flow Rate (VTM-51) 0.3 gpm/sf (min.)
Retention Efficiency (VTM-51) 75% (min.)
The fabric is to be provided in widths adequate to provide a barrier of 30 inches in height and
allow for 6 inches of fabric to be buried for toe restraint.
2.02 FLOATING SILT CURTAIN
The floating silt curtain is to be provided in pre-manufactured segments to the depth shown on
the Plans. Each segment is to have integral flotation, ballast and tension reinforcing. The silt
curtain may be manufactured of nylon reinforced vinyl or other fabric having suitable resistance
to sunlight and oils and having a minimum tensile strength of 300 pounds per inch of fabric.
PART 3 - EXECUTION
3.01 STAKED FABRIC SILT BARRIER
The sediment control fabric is to be attached, per the manufacturers recommendation, to the
uphill or sediment producing side of the stakes. The stakes are to be spaced at no greater
than 10 feet intervals. A 4 to 6 inch trench is to be dug along the fence line and backfilled with
the bottom 6 inches of fabric in place.
The ends of each unit of fence is to be connected to the adjoining fence with a connector
provided by the manufacturer or the fabric is to be lapped sufficiently to prevent sediment from
escaping.
3.02 STAKED STRAW BALES
Securely bound bales of straw may be used as a sediment barrier. The bales are to be
_ securely bound with two strands of rope. The bales are to be positioned in a 4-inch trench
along the plan alignment and each bale is to be secured by driving two 2" X 2" stakes through
TilE Job No. 00026-019-00
Collier Co. 14'" St. Outfall Improvements
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02938-1
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the bale and 18" to 24" into the ground. The tops of the stakes are then to be secured by a
continuous wire tie.
Deteriorated bales shall be replaced as directed by the Engineer.
3.03 FLOATING SILT CURTAIN
The floating silt curtain is to be securely fastened to solid ground at any points of contact with
the shoreline and is to be anchored or restrained at intermediate locations sufficient to prevent
the distortion of the curtained area due to the action of wind, waves, currents, or the effects of
the work in progress.
3.04 REMOVAL
Upon acceptance of the completed work the contractor shall be responsible for the complete
removal of all silt barriers unless so directed by the Engineer. Following removal, all materials
shall become the property of the contractor.
SECTION 02220
EXCAVATION AND BACKFILL FOR UTILITY SYSTEMS
PART 1 - GENERAL
1.01 DESCRIPTION OF WORK
The work included under this section consists of clearing, excavating, grading and backfilling
required for the construction of the utility systems, consisting of piping and appurtenances as
shown on the drawings and specified herein.
1.02 MEASUREMENT AND PAYMENTS
A. Excavation and Backfill: All costs associated with excavation, backfilling,
compaction, sheeting, bedding, or removal and disposal of unsuitable material are to
be included in the unit price for the individual utility items, or structures set forth in
the Proposal Schedule.
B. Dewaterinq: Costs for dewatering are incidental costs and shall be included in the
unit prices for the individual utility items and structures.
1.03 SITE CONDITIONS
It is the responsibility of the Contractor to examine the site of the work and through
investigations, personal knowledge and experience to fully satisfy himself as the character,
conditions and requirements of the work.
1.04 TESTING STANDARDS
A. Backfill over pipelines within riqht-of-wav and in roadway: The minimum testing
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frequency shall be one test per 2 feet of compacted backfill in a staggered pattern
per 300 LF or part thereof of uninterrupted run of pipe. Testing shall begin at 2 feet
over the top of pipe for pipe less than 12 inches in diameter; at the top of pipe for
pipe 12 inches to 24 inches in diameter; and at the spring line of pipe with diameter
greater than 24 inches.
Field density (AASHTO T-191 orT-238) -100% AASHTO T-99, Method "A",
B. Backfill over pipelines within riaht-of-wav and outside of roadway: The minimum
testing frequency shall be one test per 2 feet of compacted backfill in a staggered
pattern per 400 LF or part thereof of uninterrupted run of pipe. Testing shall begin at
2 feet over the top of pipe for pipe less than 12 inches in diameter; at the top of pipe
for pipe 12 inches to 24 inches in diameter; and at the spring line of pipe with
diameter greater than 24 inches.
Field density (AASHTO T-191 or T-238) - 100% AASHTO T-99, Method "A".
C. Backfill around structures: The minimum testing frequency shall be one test per 2
feet of compacted backfill in a staggered pattern per 300 LF or part thereof of
uninterrupted run of pipe; one test minimum within the easement.
Field density (AASHTO T-191 or T-238) - 100% AASHTO T-99, Method "A".
D. Backfill around structures: The minimum testing frequency shall be one test per 2
feet of compacted backfill in a staggered pattern within 3 feet of the structure.
Testing shall begin at 2 feet over top of pipe for pipe less than 12 inches in diameter;
at the top of pipe for pipe 12 inches to 24 inches in diameter; and at the spring line of
pipe with diameter greater than 24 inches.
Field density (AASHTO T-191 orT-238) - 100% AASHTO T-99, Method "A".
PART 2 - PRODUCTS -- Not Applicable
PART 3 - EXECUTION
3.01 EXCAVATION
A. General: The Contractor shall perform all excavation of every description and of
whatever substances encountered, to the dimensions and depth shown on the
drawings, or as directed. All excavation shall be made by open cut. All existing
utilities such as pipes, poles, and structures shall be carefully supported and
protected from injury, and in case of damage, they shall be restored at no cost to the
Owner.
B. Open Trench: In areas where trench widths are not limited by restrictive limits of
clearing, right-of-way and/or easement widths, property lines restrictions, existing
adjacent improvements, including pavement, structures and other utilities, the trench
sides may be sloped to a stable angle of repose of the excavated material. Not
TBE Job No. 00026-019.00
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Sodding
02938-1
16Bc:
more than 1,000 feet of trench shall be open ahead of pipe laying operations at one
time unless a greater length of open trench is approved by the Engineer.
C. Sheeted Trench: Where required to protect the safety of workmen, the general
public, this or other work or structures, or to maintain trench widths within the limits
hereinafter specified, the trench wall shall be kept vertical by proper sheeting and
bracing. Where wood sheeting or certain designs of steel sheeting are used, the
sheeting shall be cut off at a level two feet above the top of the installed pipe and the
portion remaining below that level shall be left in place. If interlocking steel sheeting
of a design approved by the Engineer is used, it may be removed providing
removing can be accomplished without disturbing the bedding, pipe or alignment of
the pipe. Any damage to the pipe bedding, pipe or alignment of the pipe caused by
removal of sheeting shall be cause for rejection of the affected portion of the work.
A substantially and safely constructed movable shield, "box" or "mule" may be used
in place of sheeting when the trench is opened immediately ahead of the shield and
closed immediately behind the shield as pipe laying proceeds inside the shield.
D. Access: Ladders or steps shall be provided for and used by workmen to enter and
leave trenches.
E. Trench Clearance: Pipe trenches shall be excavated to a width, from the top of the
pipe to the trench bottom, so as to provide a clearance on each side of the pipe
barrel measured to the face of the excavation or sheeting, if used, adequate for
backfilling and testing of the backfill material.
Excavation for appurtenances shall be sufficient to provide a clearance between
their outer surfaces and the face of the excavation or sheeting, if used, of not less
than 12 inches.
F. Excavated Material: Materials removed from the trenches shall be temporarily
stored or disposed of in such a manner that they will not interfere unduly with traffic
on public streets and sidewalks, and they shall not be placed on private property. In
congested areas, such materials as cannot be stored adjacent to the trench or used
immediately as backfill shall be removed to convenient places of storage.
G. Excess Material: All materials suitable for use as backfill shall be hauled to and
used in areas where not enough suitable material is available from the excavation,
or shall become the property of the Contractor and shall be disposed of by the
Contractor in areas provided by him off-site.
3.02 REMOVAL OF WATER
A. General: It is a basic requirement of these specifications that excavation shall be
free from water before pipe or structures are installed.
The Contractor shall provide all necessary pumps, underdrains, wellpoint systems,
and other means for removing water from trenches and other parts of the work. The
Contractor shall continue dewatering operations until the backfill has progressed to a
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sufficient depth over the pipe to prevent flotation or movement of the pipe in the
trench and so that backfill is above the natural water table.
B. Water Disposal: Water from the trenches and excavation shall be disposed of in
such a manner as will not cause injury to public health, to public or private property,
to the work completed or in progress, to the surface of the streets, or cause any
interference with the use of the same by the public.
3.03 PIPE BEDDING
A. Above Water Table: Umerock screenings, sand or other fine inorganic material from
the excavation may be used for bedding material when pipe is installed above the
natural water table. The bottom of the trenches shall be excavated to a depth of the
outside bottom of the pipe barrel. Any over excavation shall be replaced with
suitable compacted material.
B. Below Water Table: All pipe trenches shall be excavated to a depth as indicated
below the outside bottom of the proposed pipe barrel. The resulting excavation shall
be backfilled with approved pipe bedding material, up to the level of the lower one-
third of the proposed pipe barrel. This backfill shall be tamped and compacted to
provide a proper bedding for the pipe, and shall then be shaped to receive the pipe.
Bedding shall be provided under the branch of all fittings to furnish adequate support
and bearing under the fitting. Bedding material for pipelines shall be pea rock,
drainfield Iimerock, or similar materials as approved by the Engineer.
3.04 BACKFILL
A. General: Backfilling of trenches will not be allowed until the work has been
inspected by the Engineer, pressure tested if required, and the Engineer indicated
that backfilling may proceed. Any work which is covered up or concealed without
the knowledge and consent of the Engineer may be required to be uncovered or
exposed at no cost to the Owner. Partial backfill may be made to restrain the pipe
during pressure testing. Backfill material shall be non-cohesive, non-plastic material
free of all debris, lumps and clods. Selected backfill material placed within one foot
of piping and appurtenances shall be bedding material as specified in paragraph
3.03 "Pipe Bedding" and shall not contain any stones or rocks larger than 2 inches in
diameter, 1 inch for PVC pipe. No stones or rocks larger than 6 inches in diameter
will be permitted in any backfill.
Selected backfill material shall be placed in 6 inch layers and thoroughly tamped to a
depth of 12 inches over the top of the pipe. Particular attention and care shall be
exercised in obtaining thorough support for the branch of all service connection
fittings. Care shall be taken to preserve the alignment and gradient of the installed
pipe.
If after well pointing has been performed the trench is still wet and the Engineer has
determined that every effort has been made to dewater the trench then backfill shall
be installed per Paragraph 3.04-C "Backfilling in wet trenches".
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B. Backfill for Water Mains. Gravity Sewers. Sewers. and Force Mains: After the
backfill has been placed to a level 12 inches over the pipe, the remainder of the
backfill shall be placed in lifts, the thickness to depend upon the material, equipment
and compaction methods used, but in no case shall exceed 24 inches. Backfill shall
be compacted to a density as shown on the plans.
C. BackfillinQ in Wet Trenches: After the installation of the pipe, granular backfill
material shall be carefully and uniformly simultaneously placed on both sides of the
pipe by carefully lowering the material into the trenches down to the water surface
and then releasing it to settle through the water. Under no circumstances shall
backfill material be dumped, pushed, or shoved into the wet trench. Granular backfill
material shall be carefully and uniformly rammed around both sides of the pipe to
properly bed and support the pipe. No specified density requirements shall apply to
backfill carefully placed in wet trenches until the fill has reached a level six inches
above the then existing water level, at which elevation and above, the backfill
densities specified elsewhere herein shall be attained.
3.05 ADDITIONAL EXCAVATION AND BACKFILL
Where organic material, such as roots, muck or other vegetable matter or other material which,
in the opinion of the Engineer, will result in unsatisfactory foundation conditions, is
encountered below the level of the proposed pipe bedding material, it shall be wholly or
partially removed as directed by the Engineer and wasted. Sheeting shall be installed if
necessary to maintain pipe trenches within the specified limits. The resulting excavation shall
- be backfilled with suitable backfill material, placed in 6 inch layers, tamped and compacted up
to the level of the bottom of the proposed pipe bedding material. Sufficient compaction of this
material shall be performed to protect the proposed pipe against settlement. Construction
shall then proceed in accordance with the provisions of Paragraph 3.04, "Backfill".
Additional excavation shall be performed only when ordered by the Engineer. Where organic
or other unsuitable material is encountered in the excavation, the Contractor shall bring the
condition to the attention of the Engineer and obtain this determination as to whether or not the
material will require removal, prior to preparing the pipe bedding.
3.06 Excavation for Utility Structures
A. Area Excavation: Where the utility structure is to be constructed on fill material, strip
the site to 5 feet outside of the exterior walls to a depth of 6 inches or to the depth at
which suitable materials are found, or as approved by the Engineer.
B. Fill Material: Material to be used for fill within the limits of the utility structure and for
5 feet outside the exterior walls shall be clean sand or sand and rock free from
muck, marl, or other deleterious matter. No more than 10 percent by weight shall
pass the No. 200 sieve. Site material may be used provided it conforms to these
requirements.
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Sodding
02938- I
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C. Filling and CompactinQ: Replace excavated material and place additional fill as
necessary. Place fill in layers no thicker than 8 inches and compact to required field
density.
SECTION 02938
SODDING
PART 1 - GENERAL
1.01 DESCRIPTION OF WORK
The work specified in this section consists of the establishing of a stand of grass, within the
areas indicated on the Drawings, by the furnishing a placing of grass sod, fertilizing, watering
and maintaining the sodded areas to assure a healthy stand of grass.
1.02 MEASUREMENT AND PAYMENT
See Article 15, "Measurement and Payment"
PART 2 - PRODUCTS
2.01 GRASS SOD
Grass sod shall be either centipede, Bahia grass, St. Augustine, or bitter blue, and shall be wet
matted with grass roots. The sod shall be taken up in rectangles, preferably 16-inch by
24-inch, shall be a minimum or 2-years old, 2 inch (plus or minus 1/4 inch) in thickness,
excluding top growth and thatch, and shall be live, fresh, and uninjured at the time of planting.
It shall be reasonably free of weeds and other grasses, and shall have a soil mat capable of
supporting their own weight when suspended vertically with a firm grasp on upper 10%, or pad
will be rejected. The sod shall be planted as soon as possible after being dug and shall be
shaded and kept moist until it is planted.
2.02 FERTILIZER
Commercial fertilizers shall comply with the State fertilizer laws.
A. General: The numerical designations for fertilizer indicate the minimum percentages
respectively of (1) total nitrogen, (2) available phosphoric acid, and (3) water-soluble
potash contained in the fertilizer.
Type I fertilizer, as hereinafter specified, shall be used unless Type II fertilizer or
another designation specifically called for on the Drawings or authorized by the Owner's
Representative. Liquid fertilizer will not be permitted.
1. Type I Fertilizer: The chemical designation of this fertilizer shall be 12-8-8, with at least
50 percent of the nitrogen from a nonwater-soluble organic source. The nitrogen source
may be a urea-formaldehyde source, provided it is not derived from a waste product of the
plastic industry.
TBE Job No. 00026-019-00
Collier Co. 14th St. Outfall Improvements
Sodding
02938-1
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C. Tvpe II Fertilizer: The chemical designation of this fertilizer shall be 12-8-8, and
at least 50 percent of the nitrogen shall be from a urea-formaldehyde source, and
at least 50 percent of the phosphoric acid shall be from regular superphosphate.
2.03 WATER FOR GRASSING
The water used in the sodding operations may be obtained from any approved spring,
pond, lake, stream, or municipal water system. The water shall be free of excess and
harmful chemicals, acids, alkalies, or any substance which might be harmful to plant
growth or obnoxious to traffic. Salt water shall not be used.
PART 3 - EXECUTION
3.01 PREPARATION OF GROUND
The area over which the sold is to be placed shall be scarified or loosened to a suitable
depth and then raked smooth and free from rocks or stones. Where the soil is
sufficiently loose, the Owner's Engineer, at his discretion, may authorize the elimination
of ground preparation.
3.02 APPLICATION OF FERTILIZER
The fertilizer shall be spread uniformly over the area to be sodded at the rates of 800 to
1000 pounds per acre, by a spreading device capable of uniformly distributing the
material at the specified rate. Immediately after spreading, the fertilizer shall be mixed
with the soil to a depth of approximately 4-inches.
On steep slopes, where the use of a machine for spreading or mixing is not practicable,
the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to
a depth of approximately 2-inches.
3.03 PLACING SOD
The sod shall be placed on the prepared surface, with edges in close contact and shall
be firmly and smoothly embedded by light tamping with appropriate tools.
Where sodding is used in drainage ditches, the setting of the pieces shall be staggered
so as to avoid a continuous seam along the line of flow. Along the edges of such
staggered areas, the offsets of individual strips shall not exceed 6-inches. In order to
prevent erosion caused by vertical edges at the outer limits, the outer pieces of sod
shall be tamped so as to produce a feather edge effect.
On steep slopes, the Contractor shall, if so directed by the Owner's Engineer, prevent
the sod from sliding by means of wooden pegs driven through the sod blocks into firm
earth, at suitable intervals.
Sod which has been cut for more than 72 hours shall not be used unless specifically
authorized by the Owner's Engineer after his inspection thereof. Sod which is not
planted with 24 hours after cutting shall be stacked in an approved manner and
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maintained and properly moistened. Any pieces of sod which, after placing, show an
appearance of extreme dryness shall be removed and replaced by fresh, uninjured
pieces.
Sodding shall not be performed when weather and soil conditions are, in the Owner's
Engineer's opinion, unsuitable for proper results.
3.04 WATERING
The areas on which the sod is to be placed shall contain sufficient moisture, as
determined by the Owner's Engineer for optimum results. After being placed, the sod
shall be kept in a moist condition to the full depth of the rooting zone for at least 2
weeks. Thereafter, the Contractor shall apply water as needed until the sod roots and
starts to grow for a minimum of 60 days (or until final acceptance, whichever is latest).
3.05 MAINTENANCE
The Contractor shall, at his expense, maintain the sodded areas in a satisfactory
condition until final acceptance of the project. Such maintenance shall include repairing
of any damaged areas and replacing areas in which the establishment of the grass
stand does not appear to be developing satisfactorily.
Replanting or repair necessary due to the Contractor's negligence, carelessness or
failure to provide routine maintenance shall be at the Contractor's expense. Replanting
necessary due to factors determined to be beyond the control of the Contractor shall be
paid for under the appropriate contract pay items.
SECTION 20725
STORM DRAINAGE SYSTEM
PART 1 - GENERAL
1.01 DESCRIPTION OF WORK
The work included under this Section consists of furnishing all necessary labor,
equipment, materials and performing all operations in connection with construction of
storm sewers, inlets, manholes, end sections and other drainage structures or drainage
construction as shown or indicated on the drawings, and specified herein, and as listed
in the Contract.
1.02 MEASUREMENT AND PAYMENT
See Article 15, "Measurement and Payment"
1.03 ALTERNATE SPECIFICATIONS
Special attention is called to the fact that certain portions of the work for this Project are
described by reference to the "Standard Specifications for Road and Bridge
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Construction", latest edition, by the Florida Department of Transportation. In any case,
where a specific detail regarding materials or method of construction has been omitted
in the specifications, such work shall be performed in accordance with the requirements
of the "Standard Specifications".
1.04 SUBMITTALS
In general, 6 copies of the following data or shop drawings shall be submitted to the
Engineer for approval prior to construction:
1. Manhole Frames, Covers and other Castings.
2. Precast Manholes.
3. Precast Structures.
4. Manufacturers Certification for corrugated metal pipe.
5. Corrugated metal pipe couplings.
The manufacture of precast structures shall not be initiated until shop drawings are
approved by the Engineer.
PART 2 - PRODUCTS
2.01 CONCRETE PIPE
Concrete pipe shall be reinforced concrete culvert pipe conforming to ASTM
Designation C-76, Table III, except when otherwise indicated. Reinforced concrete
horizontal, elliptical pipe shall conform to the requirements of ASTM Designation C-507,
Class HE III. Pipe joints shall be rubber gasket joints, and the pipe joint shall be
manufactured to meet the requirements of the approved type of gasket to be used.
Pipe joints and rubber gaskets shall meet the requirements of FDOT Sections 941 and
942 of the Standard Specifications.
2.02 CORRUGATED METAL PIPE
Corrugated metal pipe shall conform to the requirements of AASHTO Designation M-36,
and shall be fully bituminous coated in conformance with the requirements of AASHTO
Designation M-190, Type A. Pipe thickness shall meet the requirements of FDOT
Section 943 of the Standard Specifications. Corrugated Metal Pipe can be bituminous
or galvanized coated.
2.03 CONCRETE AND REINFORCING STEEL
Concrete and reinforcing steel shall conform to the requirements of Section 03015-
"Concrete Curb, Curb & Gutter, Miscellaneous Construction" of these specifications.
1. Manhole bottoms, Class A.
2. Pipe and Riser Encasement, Class C.
3. Protective Slabs, Class C.
4. Precast Manholes, Class A.
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2.04 BRICK
Bricks shall be dense, hard burned, shale or clay brick conforming to ASTM Designation
C-32, Grade MM or C-62, Grade MW, except that brick absorption shall be between 5
and 25 grams of water absorbed in one minute of dried brick, set flat face down, in 1/8
inch of water.
2.05 CEMENT MORTAR - FOR SEALING JOINTS
Mortar shall consist of one part cement and two parts clean sharp sand to which may be
added lime in the amount of not over 15 percent of the volume of cement. It shall be
mixed dry and then wetted to proper consistency for use. No mortars that have stood
for more than one hour shall be used.
2.06 CEMENT MORTAR - FOR BRICK MASONRY
Cement mortar shall be one part cement and three parts clean sharp sand to which may
be added hydrated lime in the amount not to exceed 10 percent of the amount of
cement by volume. It shall be mixed dry and then wetted to proper consistency for use.
No mortars that have stood for more than one hour shall be used.
2.07 CASTINGS
All castings for manhole frames, covers, steps and other purposes shall conform to the
ASTM Designation A-48, Class 30. Casting shall be true to pattern in form and
dimensions and free of pouring faults and other defects in positions which would impair
their strength or otherwise make them unfit for the service intended. The seating
surfaces between frames and covers or grates shall be machined to fit true. No
plugging of filling will be allowed. Lifting or "pick" holes shall be provided, but shall not
penetrate the manhole cover. Storm Sewer covers and frames shall conform to FDOT
Index No. 201.
PART 3 - EXECUTION
3.01 EXCAVATION AND BACKFILL
All excavation, preparation of pipe bedding, backfilling and related work shall conform to
the requirements of Section 02220, "Excavation and Backfill for Utility Systems". In all
cases shall storm drainage pipe or sewer be laid beginning at the downstream end and
proceeding upgrade.
3.02 LAYING CONCRETE PIPE
A. General: All pipe shall be carefully laid true to line and grade shown on the
Drawings. Any deviation from true alignment of grade which would result in a
displacement from the normal position of the gasket of as much as 1/4 inch, or
which would produce a gap exceeding % inch between sections of pipe for more
than 1/3 of the circumference of the inside of the pipe, will not be acceptable and
where such occurs, the mortar, joint compound, or other filler which would tend to
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restrict the flexibility of the gasket joint shall be applied to the gap. Pipes having
defects that have not caused their rejection are to be so laid that these defects will
be in the upper half of the sewer.
B. Joints: Before installation of the pipe gasket, the gasket and the surface of the
pipe joint, including the gasket recess shall be clean and free from grit, dirt, or
other foreign matter at the time the joints are made. In order to facilitate closure of
the joint, application of an approved vegetable soap lubricant immediately prior to
closing of the joint will be permitted. All reinforced oval concrete pipe is to be
wrapped with filter fabric one foot either side of joint (total width 2') with two feet of
overlap at top edge, metal strapping to be used on either side of joint. Fabric shall
conform to the requirements of Section 10.02 -"Subdrains, Subdrain Cleanouts,
Filter Fabrics", Paragraph 2.03, "Geotextile",
C. Backfill: All pipes shall be laid with bells or grooves uphill. As the pipes are laid
throughout the work, they must be thoroughly cleaned and protected from dirt and
proceeding lengths have been thoroughly embedded in place so as to prevent any
movement or disturbance of the finished joint. No walking on or working over the
pipes after they are laid, except as may be necessary in tamping earth and refilling,
will be permitted until they are covered to a depth of 1 foot. Fill placed around the
pipe shall be deposited on both sides simultaneously to approximately the same
elevation and uniformly compacted. Whenever the pipe laying is discontinued, as
at night, the unfinished end is to be securely protected from displacement due to
caving of the banks or from other injury and suitable stopper is to be inserted
therein.
3.03 LAYING CORRUGATED PIPE
A. General: All corrugated pipe shall be carefully laid, true to line and grade shown
on the drawings. The pipe gasket and coupling band shall be centered over the
joint with the coupling band bolts securely tightened without cutting the gasket.
B. Backfill: Fill placed around the pipe shall be deposited on both sides
simultaneously to approximately the same elevation and uniformly compacted.
Whenever the pipe laying is discontinued, as at night, the unfinished end is to be
securely protected from displacement due to caving of the banks or from other
injury and a suitable stopper is to be inserted therein.
Maximum backfill density adjacent to the pipe is to be limited to 95% of AASHTO
T-99, Method C. All backfill and compaction is to be performed in accordance with
the manufacturers recommendations.
3.04 DRAINAGE STRUCTURES
A. General: Precast drainage structures or cast in place structures shall be
constructed at points shown on the drawings or designated by the Design Engineer
and in strict accordance with the drawings.
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B. Cast In Place Structures: Concrete manholes, inlets, connection collars, or other
structures shall be constructed in conformity with the drawings. Forms shall be
designed and constricted so that they may be removed without injury to the
concrete, and shall be left in place for at least 24 hours after concrete is poured.
Concrete shall be thoroughly tamped and shall be cured for at least 5 days after
removal of forms. Honeycomb areas shall be thoroughly cleaned, saturated with
water and pointed up with mortar or treated in a manner as directed by the
Owner's Engineer.
3.05 ADDITIONAL WORK
A. General: Additional items of construction necessary for the complete installation of
the system shall conform to specific details on the drawings and shall be
constructed of first-class materials conforming to the applicable portions of these
specifications. All ends of sewer lines that are pending future connection shall be
temporarily plugged and their end location marked properly with location markers.
B. Connect to Existing: Connections to existing structures shall be made without
permanent damage to the existing work. Pipe openings cut in the existing
structure walls shall be made water-tight with an approved grout and mortar.
3.06 OTHER
Underdrains complete with filter fabric, pipe and aggregate, and Rip-Rap Ditch Paving
or Rip-Rap Blankets with aggregate and filter fabric shall be constructed of the materials
and as set forth in FDOT Standard Specification.
SECTION 21181
MAINTENANCE OF TRAFFIC
PART 1 - GENERAL PROVISIONS
1.01 DESCRIPTION
The work specified under this item consists of maintaining traffic described with this
project for the duration of the construction period, including any temporary suspensions
of the work. It shall include the construction and maintenance of any necessary detour
facilities; the providing of necessary facilities for access to residences, businesses, etc.,
along the project; the furnishing, installing and maintaining of traffic control and safety
devices during construction; except work paid under a separate item for traffic control,
the control of dust, and any other special requirements for safe and expeditious
movement of traffic as may be called for on the plans. The term, Maintenance of
Traffic, shall include all of such facilities devices and operations as are required for the
safety and convenience of the public as well as for minimizing public nuisance.
1.02 SECTIONS NOT REQUIRING TRAFFIC MAINTENANCE
In general, the Contractor will not be required to maintain traffic outside of the project
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where no work is to be accomplished or where construction operations will not affect
existing roads. The Contractor, however, shall not obstruct nor create a hazard to any
traffic during the performance of the work and will be responsible for repair of any
damage to existing pavement of facilities caused by his operations.
1.03 DETOURS OVER EXISTING ROADS AND STREETS
When traffic is specified to be detoured by the Engineer over roads or streets outside
the project area, the Contractor will not be required to maintain such roads or streets.
However, the Contractor shall maintain all signs and other devices placed for the
purpose of the detour, including those on detours and temporary facilities, and shall be
responsible for repair of any damage to existing pavement or facilities caused by his
equipment.
1.04 BEGINNING DATE OF CONTRACTOR'S RESPONSIBILITY
The Contractor's responsibility for maintenance of traffic shall begin on the day he starts
work on the project.
PART 2 - SPECIFIC REQUIREMENTS
2.01 MAINTENANCE OF ROADWAY SURFACES
All lanes that are being used for the maintenance of traffic shall be adequately
maintained, with a substantial surface under all weather conditions. The lanes shall be
kept reasonably free of dust and, when necessary to accomplish this, they shall be
sprinkled with water, or some other dust palliative shall be applied. The lanes on which
traffic is to be maintained shall be constructed of materials compatible to the local
conditions. The lanes shall be provided with the drainage facilities necessary to
maintain an adequately substantial, relatively smooth riding surface for lanes being
used for the maintenance of traffic this will be indicated in the plans or special
provisions.
2.02 NUMBER OF TRAFFIC LANES
Except as otherwise specified herein, on the plans, or in the special provisions, the
Contractor shall maintain one lane of traffic in each direction. Unless otherwise
specified, the width of each lane used for maintenance of traffic shall be at least as wide
as the traffic lanes existing in the area prior to commencement of construction. Traffic
control and warning devices shall not encroach on lanes used for maintenance of traffic.
The Contractor may be allowed to restrict traffic to one-way operation for short periods
of time provided that adequate means of traffic control are effected and traffic is not
unreasonable delayed. When a construction activity requires restricting traffic to one-
way operations, the flagpersons should have visual contact with each other. When
visual contact is not possible, the Contractor shall equip f1aggers with two-way radios,
use flag-carrying, official or pilot vehicle(s), or use traffic signals.
2.03 CROSSINGS AND INTERSECTIONS
TPA#1953633.11
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Adequate accommodations for intersecting and crossing traffic shall be provided and
maintained and, except where specific permission is given, no road or street crossing
the project shall be blocked or unduly restricted.
2.04 ACCESS FOR RESIDENCES AND BUSINESS
The Contractor shall not isolate residences and places of business. Access shall be
provided to all residences and all places of business whenever construction interferes
with the existing means of access.
2.05 PROTECTION OF THE WORK FROM INJURY BY TRAFFIC
Where traffic would be injurious to a base, surface course or structure, constructed as a
part of the work, all traffic shall be maintained outside the limits of such areas until the
potential for injury no longer exists.
2.06 ALTERNATIVE MAINTENANCE OF TRAFFIC PLAN
In the event the Contractor desires to make a conceptual change to the Maintenance of
Traffic Plan, he may propose an alternative Maintenance of Traffic Plan to the plan
presented in the contract documents. The alternative plan shall be signed and sealed
by an engineer registered in the State of Florida. The plan will indicate a Maintenance
of Traffic Plan for each phase of the Contractor's activities.
In no case may the Contractor begin work using an alternate Maintenance of Traffic
Plan until such plan has been approved in writing by the Engineer. Modifications to the
Maintenance of Traffic Plan that become necessary shall also be approved in writing.
Except in an emergency, no changes to the approved plan will be allowed until approval
to change such plan has been received.
The Contractor shall be responsible for performing daily inspections, including
weekends and holidays, with some inspections at nighttime, of the installations on the
project and replace all equipment and devices not conforming with the approved
standards during the inspection. The project personnel will be advised of the schedule
of these inspections and be given the opportunity to join in the inspection as is deemed
necessary.
Regardless of the Maintenance of Traffic Plan utilized, it will be the Contractor's
responsibility to maintain the work zone in a safe condition.
PART 3 - TRAFFIC CONTROL
3.01 STANDARDS
The Federal Highway Administration's Manual on Uniform Traffic Control Devices
(MUTCD), Part VI is the minimum standards for Traffic Control for Highway
Construction, Maintenance, and Utility Operations. It sets forth the basic principles and
prescribes minimum standards to be followed in the design, application, installation,
TPA#1953633.11
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maintenance and removal of all traffic control devices and all warning devices and
barriers which are necessary to protect the public and workers from hazards within the
project limits. The standards established in the aforementioned manual constitute the
minimum requirements for normal conditions, and additional traffic control devices,
warning devices, barriers or other safety devices will be required where unusual,
complex or particularly hazardous conditions exist. The Florida Department of
Transportation's Roadway and Traffic Design Standards, latest edition, provides
indexed examples for traffic control on projects.
3.02 TRAFFIC CONTROL DEVICES, WARNING DEVICES AND BARRIERS
A. Installation
The responsibility for installation and maintenance of adequate traffic control
devices, warning devices and barriers for the protection of the traveling public and
workers, as well as to safeguard the work area in general shall rest with the
Contractor. The required traffic control devices, warning devices and barriers shall
be erected by the Contractor prior to creation of any hazardous condition and in
conjunction with any necessary re-routing of traffic. THE CONTRACTOR SHALL
IMMEDIATELY REMOVE. TURN OR COVER ANY DEVICES OR BARRIERS
WHICH DO NOT APPLY TO EXISTING CONDITIONS.
The Contractor shall make the Engineer aware of any scheduled operation which
will affect traffic patterns or safety, sufficiently in advance of commencing such
operation to permit his review of the plan for installation of traffic control devices,
warning devices or barriers proposed by the Contractor.
The Contractor shall assign one of his employees the responsibility of maintaining
the position and condition of all traffic control devices, warning devices and barriers
throughout the duration of the contract. The Project Engineer shall be kept
advised at all times as to the identification and means of contacting this employee
on a 24-hour basis.
B. Maintenance of Devices and Barriers
Traffic control devices, warning devices, and barriers shall be kept in the correct
position, properly directed, clearly visible and clean, at all times. Damaged,
defaced or dirty devices or barriers shall immediately be repaired, replaced or
cleaned by the Contractor and approved for use by the Engineer. Batteries shall
be replaced as needed to provide intended illumination of lighting.
C. Flagger
The Contractor shall provide trained flaggers to direct traffic where one-way
operation in a single lane is in effect and in other situations as required in A
Traffic Control Standards. Flaggers shall wear orange vests and use approved
"Stop/Slow" paddle signs.
D. Existing Pavement Markings
TPA#1953633.11
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Where a detour changes the lane use or where normal vehicle paths are altered
during construction, all existing pavement markings that will be in conflict with the
adjusted vehicle paths shall be removed. Overpainting (black painting) will not be
allowed. The removal may be accomplished by any method that will not materially
damage the surface texture of the pavement and which will eliminate the previous
marking pattern regardless of weather and light conditions.
All pavement markings that will be in conflict with "next phase of operation" vehicle
paths shall be removed as described above, prior to opening to traffic.
3.03 WORK ZONE PAVEMENT MARKINGS
A. Descriptions
This work shall consist of furnishing and installing work zone pavement markings
for maintenance of traffic in construction areas in accordance with these
specifications and in reasonably close conformity with the lines and details shown
on the plans or established by the Engineer.
Full length 3/4 width centerlines, lane lines, stop bars and turn arrows in work
zones will be required in accordance with Section 6D of the MUTCD with the
following additions.
1. Edge lines are required when a paved shoulder four feet or greater in width
exists along the edge of a line.
2. Edge lines will also be required on all detours, where vehicle paths are
altered from normal operations and where a lane is narrowed from its normal
width for any reason.
3. Work zone pavement markings, including arrows and messages required for
safe operation of the facility, shall be in place prior to the end of the day if the
highway is open to traffic. Channelizing devices may be used to direct traffic
during the day prior to the placement of work zone pavement markings.
4. Work zone pavement markings may be removable or non-removable.
. Removable work zone pavement marking shall consist of materials which can be
taken up by hand without the use of additional equipment such as burners, sand
blasting, etc. An example of this category of markings is reinforced plastic film
(Tape).
. Non-removable work zone pavement markings shall consist of any markings that
are not classified as removable.
. When removable pavement markings are no longer required, they shall be
removed just ahead of the permanent markings.
3.04 EMERGENCY NOTIFICATION
The Contractor shall be required to notify the following agencies prior to the detour
becoming effective, the time the detour will be in effect, and when the detour will
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be removed. The Contractor shall provide the Engineer in writing of who and when
was contacted. The agencies are: Sheriff's Office, Florida Highway Patrol,
effected fire departments, Emergency Medical Services, Postal Services, School
Transportation, print and radio media.
PART 4 - DETOURS
4.01 WHERE REQUIRED
The Contractor will be required to construct and maintain detour facilities wherever it
becomes necessary to divert traffic from any existing roadway or bridge, or wherever
construction operations block the flow of traffic.
4.02 STANDARDS OF CONSTRUCTION
The detours are to be planned, constructed and maintained in such manner that they
will be capable of safely carrying the traffic required in all conditions of weather. The
Contractor shall provide the detour with all facilities necessary to meet this requirement.
4.03 REMOVAL OF DETOURS
Unless otherwise indicated in the plans temporary detours are to be removed when no
longer needed an before the contract is completed, and all materials from the detour will
become the property of the Contractor and are to be disposed of by him, except for
materials which might be loaned to the Contractor by the County with the stipulation that
they be returned.
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EXHIBIT K
PERMITS
SFWMD Environmental Resource Standard General Pennit
GC-CA-K-1
6)
SOUTH FLORIDA WATER. MANAGEMENT DISTRICT
ENVIRONMENTAL RESOURCE
STANDARD GENERAL PERMIT NO. 11-01820.P-D2
DATE ISSUED: September 9, 2005
16b 2
RECEIVED
SEP 1 2 2005
STORMWATER MGMT.
Form #0941
08195
PERMITTEE: COLLIER COUNTY STORMWA TER
DEPARTMENT
2885 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
PROJECT DESCRIPTION: This application i$ a request fora modification to an Environmental Resource Permit
authorizing Constru(:tion and Operation of a surface water management system
serving a O.34-acre project known as 14th Street Outfall Improvements, part of a
residential development known as Hemingway Place, with discharge into Gordon
River via the Goodlette-Frank Road roadside ditch.
PROJECT LOCATION:
PERMIT DURATION:
COLLIER COUNTY,
SEC 22 TWP 49S RGE 25E
See Special Condition No:1. See attached Rule 40E-4.321, Florida Administrative
Code.
-
This is to notify you of the DisUicfs agency action concerning Notice of Intent (or Permit Application No. 050725-13, dated July 25.2005.
This actfon Is taken pursuant to Rule 40E-1.603 and Chapter40E-40. FJorJda Administrative Code (F.A.C.).
Based on the inFormation provided, District rules have been adhered to and an Environmental Resource General Permit is in effect for this
project subject to:
1. Not receiving a filed request for a Chapter 120. Florida Statutes. administrative hearing.
2. the attached 19 General Conditions (See Pages: 2 - 4 of 5 ),
3. the attached 15 Special Conditions (See Pages: 5 - 50F 5 ) and
4. the attached 3 Exhibit(s).
Should you object to these conditions. please refer 10 the attached "Notice of Rights" which addresses the procedures to be followed if you
desire a public hearing or other review of the proposed agency action. Please contacl this office if you have any questions conceming this
malter. If we do not hear from you in accordance with the "Notice of Rights," we will assume that you conror with the District's action.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the Permittee (and the persons listed in the
attached . t 'buti Ii 0 r than 5:00 p.m. on this 9th day of September, 2005. in accordance with Section
120.60), ri t.
BY:
~ J cqueline pe, P.E.
r Director
Lower West Coast Service Center
Filed with the Office of the District Clerk
this _ day of
,20_.
BY:
Deputy Clerk
Certified mail number
7004 2510 0004 6696 0550
Page 1 of 5
16B~
NOTICE OF RIGHTS
Section 120.569(1), Fla. Stat. (1999), requires that ".each notice shall infonn the recipient of any administrative hearing or
judicial review that is available under this section. s. 120.57. or s. 120.68; shall indicate the procedure.whiCh must. be
followed to obtain the hearing or judicial review, and shall st.ate the time limits which apply.w Please nota that this Notice of
Rights is not intended to provide legal advice. Not alLthe legal proceedings detailed below may be an applicable or
appropriate remedy. You may wish to consult an attorney regarding your legal rights.
Petition for Administrative Proceedings
1. A person whose substantial interests are
affected by the South Flonda Water Management District'$
(SFWMD) action has the fight to request an administrative
hearing on that acllon. The affected person may request
either a fOflTlal or an infoflTlal hearing, as set forth below. A
point of entry into administrative proceedings is govemed
by Rules 28-106.111 and 40E-1.511. Fla. Admin. Code~
(also published as an exception to the Uniform Rules of
Procedure as Rule 40E-O.109). as set forth below.
Petitions are deemed filed upon receipt of the original
documents by the SFWMD Clerk.
B. Formal Administrative Hearioa: If a
genuine issue{s) of material fact is in dispute, the affected
person seeking a fOflTlal heating on a SFWMD dedsion
which does or may deteflTline their substantial interests
shall file a petition for hearing pursuant to Sections 120.569
and 120.57(1). Fla. Stat. or for mediation pursuant to
Section 120.513, Fla. Stat. within 21 days, except as
provided in subsections c. and d. below. of either written
notice through mail or posting or publication of notice that
the SFWMD has or intends to take final agency actiOll.
Petitions must substantially comply with the requirements
of Rule 28-106.201(2), Fla. Admin. Code, a copy of the
which is attached to this Notice of Rights.
b. InfoflTlal Administrative Hearina: If there
are no issues of material fact in dispute. the affected
person seeking an informal hearing on a SFWMD decision
which does or may determine their substantial interests
shall file a petition for hearing pursuant to Sections 120.569
and 120.57(2), Fla. Stat. or for mediation pursuant to
Section 120.513, Fla. Stat. within 21 days, except as
provided in subsections c. and d. below, of either written
notice through mail or posting or publication of notice that
the SFWMD has or intends to take flnal agency action.
Petitions must substantially comply with the requirements
of Rule 28-106.301(2), Fla. Admin. Code. a copy of the
wtlich is attached to this Notice of Rights.
c. Administrative Comolaint and Order.
If a Respondent objects to a SFWMD Administrative
Complaint and Order, pursuant to Section 373.119. Fla.
Stat. (1997), the person named in the Administrative
Complaint and Order may file a petition for a hearing no
later than 14 days after the date such order is served.
Petitions must substantially comply with the requirements
of eilher subsection a. or b. above.
ReVised August, 2000
d. State. Lands Environmental Resource
Permit: Pursuant to Section 373.427, Fla, Stat, and Rule
40E-1.511(3), Fla. Admin. Code (also putllished as an
exception to the UnifoflTl Rules of Proeedureas Rule 40E-
0.109(2)(c)), a petftion objecting to the SFWMO's agency
action regarding consolidated applications for
Environmental Resource Permits and Use of Sovereign
Submerged Lands (SLERPs), must be filed within 14 days
of the notice of consolidated intent to grant or deny the
SLERP. Petitions must substantially comply with the
requirements of either subsection a, orb. above.
e. Ememencv Authorization and Order:
A person whose substantial interests are affected by a
SFWMD Emergency Au1ftorization and Order, has a right
to file a petition under Sections 120.569, 120.57(1), and
120.57(2), Fla. Stat., as provided in subsections a. and b.
above. However, the person, or the agent of the person
responsible for C<:lusing or contributing to the emergency
conditions shall take whatever action necessary to cause
immediate compliance wiLt( lhe tenns of the Emergency
Authorization and Order.
f. Order for Emeraency Action: A person
whose substantial interests are affected by a SFWMD
Order for Emergency Action has a right to file a petition
pursqant to Rules 28-107.005 and 40E~1.611. Fla. Admin.
Cadd. copies of which are attached to this Notice of Rights,
and Section 373.119(3). Fla. Stat., for a hearing on the
Order. Any subsequent agency action or proposed 8gency
action to initiate a fOl1Tlal revocation proceeding shall be
separately noticed pursuant to section g. below.
g. Permit Suspension. Revocation.
Annulment. and Wrthdrawal: If the SFWMD issues an
administrative complaint to suspend, revoke, annul, or
withdraW a peflTlit, the permittee may request a hearing to
be conducted in accordance wlth Sections 120.569 and
120.57. Fla. Stat., within 21 days of either written notice
through. mail or posting or publication of notice that the
SFWMD has or intends to take final agency action.
Petitions must substantially comply with the requirements
of Rule 28-107.004(3). Fls;Admin. Code. a copy of the
which is attached to this Notice of Rights.
2. Because the administrative hearing process
is designed to fonnulate final agency action, the filing of
a petition means that the SFWMD's final action may be
different from the position taken by it previously.
Persons whose substantial interests may be affected by
any sucn final decision of the SFWMD shall have,
pursuant to Rule 40E-1.511 (2), Fla. Admin. Code (also
published as an exception to the Uniform Rules of
Procedure as Rule 40E-O.109(2){c)}, an additional 21
d~ys from the date of receipt of notice of said decision to
request an administrative hearing. However, the scope Of
the administrative hearing shall be limited to the
substantial deviation.
3. Pursuant to Rule 40E-1.511(4), Fla. Admin.
Code, substantially affected persons entitled to a hearing
pursuant to Section 120.57(1), Fla, Stat., may waive their
right to such a hearing and request an informal heating
before the Governing Board pursuant to Section 120.57(2),
Fla. StaL which may be granted at the option of the
Governing Board.
4. Pursuant to Rule 28-106.111(3), Fla. Admin.
Code, persons may file with the SFWMD a request for
extension of time for filing a petition. The SFWMD, for
good cause shown, may grant the extension. The request
for extension must contain a certificate that the petitioner
has consulted with all other parties, if any, conceming the
extension and that the SFWMD and all other parties agree
to the extension.
CIRCUIT COURT
5. Pursuant to Section 373.617, Aa. Stat., any
substantially affected person who claims that final agency
action of the SFWMD relating to permit decisions
constitutes an unconstitutional taking of property without
just compensation may seek judicial review of the action in
circuit court by filing a civil action in the circuit court in the
judicial circuit in which the affected property is located
within 90 days of the rendering of the SFWMD's final
agency action.
6. Pursuant to Sedion 403.412, Fla. Stat., any
citizen of Florida may bring an action for injunctive relief
against the SFWMD to compel the SFWMO to enforce the
laws of Chapter 373, Fla. Stat.. and Title 40E, Fla. Admin.
Code. The complaining party must file with the SFWMO
Clerk. a verified complaint setting forth the facts upon which
the complaint is based and the manner in which the
complaining party is affected. If the SFWMD does not take
appropriate action on the complaint within 30 days of
receipt, the complaining ~arty may then file a civil suit for
injunctive relief in the 15 Judicial Circuit in and for Palm
Beach County or circuit court in the county where the
cause of action allegedly occurred.
7. Pursuant to Section 373.433, Fla. Stat.. a
private citizen of Florida may file suit in circuit court to
require the abatement of any stormwater management
system, dam, impoundment, res€Noir, appurtenant work or
wor1<s that violate the provisions of Chapter 373, Fla. Stat.
Revised August. 2000
1682
DISTRICT COURT OF APPEAL
8. Pursuant to Section .120.68, Fla. Stat.. a party
wM is adversely affect~ by final SFWMD action ma
seek judicial review of the SFWMD's final dedsiOnbYfrli~
a. notice .of appeal pursuant to Florida Rule of Appellate
Procedure 9.110 in the Fourth District Court of Appeal Orin
the appellate district where a party resides and filing a
second copy of the notice with the SFWMD Clerk within 30
days of rendering of the final SFWMD action.
LAND AND WATER ADJUDICATORY COMMISSION
. 9. A party to a "proceeding below" may ~ek
review by the Land and Water Adjudicatory Commission
(FLAWAC) of SFWMD's final agency action to detennine if
such action is consistent with the provisions and purposes
of Chapter 373. Fla. Stat. Pursuant to Sedion 373.114,
Fla. Stal., and Rules 42-2.013 and 42-2.0132. Fla. Admin.
Code, a request for review of (a) an order or rule of the
SFWMD must be filed with FLAWAC within 20 days after
rendition of the order or adoption of the rule sought to be
reviewed; (b) an order of the Department of Environmental
Protection (DEP) requiring amendment or repealofa
SFWMD rule must be filEaa with FLAWAC "vithin 30 days of
rendition of the DEP's order, and (C) a SFWMO order
entered pursuant to a formal administrative hearing under
Section 120.57(1), Fla. Stat., must be filed no later than 20
days after rendition of the SFWMD's final order.
Simultaneous with filing, a copy of the request for review
must be seNed on the Df;P'Secretary, any person Mmed
in the SFWMD or DE? final older, and all parties to the
proceeding below. A copy of Rule 42-2.013, Fla, Admin.
Code is attached to this Notice of Rights.
PRIVATE PROPERTY RIGHTS PROTECTION ACT
,I 10. A property owner who alleges a specific action
of the SFWMD has inordinately burdened an existing use
of the real property, or a vested right to a specific use of
the real property, may file a claim in the circuit court where
the real property is located within 1 year of the SFWMO
action pursuant to the procedures set forth in Subsection
70.001(4}(a). Fla. Stat.
LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION
11. A property owner who alleges that a SFWMD
development order (as that tenn is defined in Section
70.51 (2)(a) , Fla. Stat. to include permits) or SFWMO
enforcement action is unreasonable. Or unfairly burdens
the use of the real property, may file a request for relief
with the SFWMD within 30 days of receipt of the SFWMO's
order or notice of agency action pursuant to the procedures
set forth in Subsections 70.51 (4) and (6), Fla. Stat.
MEDIATION
12. A person whose substantial interests are.
or may be, affected by the SFWMD's action may. choose
mediation as an allematJve remedy under Section 120.573.
Fla. Stat. Pursuant to Rule 28-' 06.111 (2). Fla. Admin.
Code, 1he petition for mediation shall be filed within 21
days of either written notice through mail Of posting or
publication of notice that the SFWMO has or intends to
take final agency action. Choosing mediation will nofaffect
the right to an administrative hearing if mediation does not
result in settlement.
Pursuant to Rule 28-106,402. Fla. Admin. Code, the
contents of the petition for mediation shall cOntain the
following lnfonnation:
(1) the name, address, and telephone
number of the person requesting mediation and that
person's representative, if any;
(2) a statement of the preliminary agency
action;
(3) an explanation of how the person's
substantial interests will be affected by the agency
determination; and
(4) a statement of relief sought.
As provided in Section 120.573, Fla. Stat. (1997), the
timely agreement of all the parties to mediate will toll the
time limitations imposed by Sections 120.569 and 120.57,
Fla. stat, for requesting and holding an administrative
hearing. Unless otherwise agreed by the parties, the
mediation must be concluded within 60 days of the
execution of the. agreement. If mediation results in
settlement of the dispute, the SFWMO must enter a final
order incorporating the agreement of the parties. Persons
whose substantial interest will be affected by such a
modified agency decision have a right to petition for
hearing within 21 days of receipt of the final order in
accordance with the requirements of Sections 120.569 and
12057. Fla. stat., and SFWMO Rule 28-106.201(2), Fla.
Admin Code. If mediation tecminates wilhout settlement of
the dispute. the SFWMO shall notify aU parties in writing
thai the administrative hearing process under Sections
120.569 and 120.57. Fla. Stat.. remain available for
disposition of the dispute, and the notice will specify the
deadlines that then will apply for challenging the agency
action.
VARIANCES AND WAIVERS
13. A person who is subject to regulation
pursuant to a SFWMO rule and believes the application of
that rule will create a substantial hardship or will violate
prinCiples of faimess (as those teons are defined in
Subsectioll 120.542(2), Fla. stat.) and can demonstrate
that the purpose of the underlying statute will be or has
been achieved by other means, may file a petition with the
SFWMD ClerK requesting a variance from or waiver of the
SFWMO rule. Applying for a variance or waiver does not
substitute or extend the time for filing a petition. for an
administrative hearing or exercising any other right that a
person may have concerning the SFWMO's action.
Pursuant to Rule 28-104.002(2), Fla. Admin. Code, the
petition must indude the following information:
(a) the caption shall read:
Petitron for (Variance from) or 0Naiver of) Rule (Citation)
(b) The name, address, telephone number
and any facsimile number of the petitioner;
RevisedtAugust 2000
1. t....~.1.2
.JIi..'",Ju
(c) The name, address telephone number
and any facslmile number of the attorney or qualified
representative ofthe petitioner, (If any); .
(d) the applicable rule or portion Of the rule;
(e) the citation to the statue the rule is
implementing; .
(f) the type of action requested;
(9) the speCific facts that demonstrate. a
substantial harnship or violation of prinCipals of faimesS
that would Justify a waiver or variance for the petitioner;
(h) the reason why the vartan~ or the waiver
requested would serve the purposes of the Under1ying
statute; and
(i) a statement of whether the variance Or
waiver is pennanent or temporary. If the varianGe or
waiver is temporary, the petition shall include the dates
indicating the duration ofthe requested variance or waiver.
A person requesting an emergency variance from or
waiver ofa SFWMD rule must clearly so state in the
caption of the petition. In addition to the requirements ot
Section 120.542(5), Fla. Stat. pursuant to Rule 28-
104.004(2), Fla. Admi1l'!'- Code, the petition must also
include:
a) the specific facts that make the situation an
emergency; and
b) the specific facts to show that the petitioner will
suffer immediate adverse effect unless the variance or
waiver is issued by lhe'SFVJMD more expeditiously than
the applicable timeframes sel forth in Section 120.542, Fla.
Stat.
WAIVER OF RIGHTS
14. Failure to observe the relevant time
frame~ prescribed above will constitute a waiver of such
right;
28-106.201
INITIATION OF PROCEEDINGS
(INVOI.VlNG DISPUTeD ISSUES OF MATERIAl.. FACT)
(2) All petitions filed under these rules shall contain:
(a) The name and address of each agency affected
and each agency's file or identification number, if known;
(b) The name, address, and telephorie number of the
petitioner; the name, address, and telephone number of
the petitioner's representative, if any. which shall be the
address for service purposes during the course of the
proceeding, and an explanation of how the petitioner's
substantial interests will be affected by the agency
detennlnation;
(c) A statement of when and how the petitioner
received notice of the agency decision:
(d) A statement of all disputed issues of matenal fact.
If there are none, the petition must so indicate; .
(e) A concise statement of the ultimate facts alleged,
as well as the rules and statutes which enmJe the petitioner
to relief; and
(f) A demand for relief
28-106.301 INITIATION OF PROCEEDINGS
(NOT INVOlVING DISPUTED ISSUES OF MATERtALFACT)
(2) All petitions filed under these rules shall contain:
(a) The name. and address of each agency affected
and each agency's file or identification number, if known;
(b) The name. address, and telephone number oHne
petitioner; the name, address, and telephone number of
the petitioner's representative, if any, which shall be the
address for service purposes during the course of the
proceeding, and an . explanation of how the petitioner's
substantial interests will be affected by the agency
determination;
(e) A statement of when and how the petitioner
received notice of the agency decision;
(d) A conciSe statement of the ultimate facts afteged,
as well as the rules and statutes which entitle the petitioner
to relief; and
(e) A demand for relief.
28-107.004 SUSPENSION, REVOCATION, ANNULMENT,
OR WITHDRAWAL
(3) Requests for hearing filed in accordance with this
rule shall include:
(a) The name and address of the party making the
request, for purposes of service;
{b} A statement that the party is requesting a hearing
involving disputed issues of material fact. or a hearing not
inVOlving disputed issues of malerial fact: and
(c) A reference to the notice, order to show cause,
administrative complaint, or other communication that the
party has received from the agency.
42-2.013 REQUEST FOR REVIEW PURSUANT TO
SECTION 373.114 OR 373.217
(1) In any proceeding arising under Chapter 373, F.S.,
review by the Florida Land and Water Adjudicatory
Commission may be initiated by the Department or a party
by filing a request for such review with the Secretary of the
Commission and serving a copy on any persoo named in
Ihe rule or order. and on all parties to tile proceeding
which resulted in the order sought to be reviewed. A
certili~te of service showing completion of service as
required by this subsection shall be a requirement for a
determination of sufficiency under Rule 42-2.0132. Failure
to file the r~uest with the Commission within the lime
periOd provided in Rule 42-2.0132 shall result in dismissal
ofthe request for review.
(2) The request for review shall identify the rule or order
requested to be reviewed, the proceeding in which the rule
or order was entered and the nature of the rule or order. A
copy of the rule or order sought to be reviewed shall be
attached. The request for review shall state with
particularity:
(a) How the order or rule conflicts with the
requirements, provisions and purposes of Chapter 373,
FS.. or rules duly adopted thereunder:
Revised August. 2000
2
(b) How the rule or order sought to be reviewed
affects the Interests of the party seeking review;
(c) The oral or written statement, sworn or unsworn,
which was submitted to the agency concerning the. matter
to be revieWed and the date and location of the statement
if the individual or entity requestil19 the review ha.snot
participated in a proceeding previously instituted PUrsuant
to Chapter 120, F.S., on the order for which review is
sought;
(d) If review of an order is being sought, whether and
how the activity authorized by the order would
substantially affect natural resources of. statewicle or
regional significance, or whether the order raises iSSues of
policy, statutory interpretation. or rule interpretation that
have regional or statewide significance from a standpOint
of agency precedent, and all the factual bases in the
record which the petitioner claims support sue"
determjnation(s); and
(e) The action requested to be taken by the
Commission as a result.ofthe review, whetherto restind.or
modify the order, or remand the proceeding to the water
management district for further action, or to require the
water management distflet to initiate rulemaking to adopt,
amend or repeal a rule.
28-107.005 EMERGENCY ACTION
(1) If the agency finds that immediate serious danger
to the public health, safety. or welfare requires emergency
action. the agency shaU'summarily suspend. Iimit,or
restrict a license.
(2) . the 14-day notice requirement of Section
120.S69(2}(b), F. S.. does not apply and shall not be
construed to prevent a hearing at the earUest time
practi~ble upon request of an aggrieved party.
, i
(3) i Unless othelWise prOVided by law, within 20 days
after emergency action taken pursuant to paragraph (1) of
this rule, the agency shall initiate a formal suspension or
revocation proceeding in compliance with Sections
120.569, 120.57. and 120.60. F.S.
40e~1.611 EMERGENCY ACTION
(1) An emergency exists when immediate action is
necessalY to protect public health, safety or welfare; tile
health of animals, fish or aquatic life: the works of the
District; a public water supply, or recreational, commercial,
industrial. agricultural or other reasonable uses of land and
water resources.
(2) The Executive Director may employ the resources
of the District 10 take whatever remedial action necessary
to alleviate the emergency condition without the issuance
of an emergency order. or in the event an emergency order
has been issued. after the expiration of the requisite lime
for compliance ....vith that order.
1682
Application No. 050725-13
Page 2of5
GENERAL CONDITIONS
1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and
performam~e criteria as approved by this permit. Any deviation from the permitted activity and the
conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373.
F.S.
2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall
be kept at the work site of the permitted activity. The complete permit shall be available for review at the
work site upon request by District staff. The permittee shall require the contractor to review the complete
permit prior to commencement of the activity authorized by this permit
3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State
water quality standards. The permittee shall implement best management practices for erosion and
pollution control to prevent violation of State water quality standards. Temporary erosion control shall be
implemented prior to and during construction, and permanent control measures shall be completed within 7
days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where
the possibility of transferring suspended solids into the receiving waterbOdy exists due to the permitted
work. Turbidity barriers shall remain in place at all loeations until construction is completed and soils are
stabilized and vegetation has been established. All practices shall be in a,",ordance with the guidelines
and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound
Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference
in Rule 40E-4.091, F.A.C. unless a project-specific erosion and sediment control plan is approved as part
of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee
shall correct any erosion or shoaling that causes adverse impacts to the water resources.
4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date
that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit,
the permittee shall submit to the District an Environmental Resource Permit Construction Commencement
Notice Form Number 0960 indicating the actual start date and the expected construction completion date.
5. When the duration of construction will exceed one year, the permittee shall submit construction status
reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be
submitted the following June of each year.
6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written
statement of completion and certification by a professional engineer or other individual authorized by law,
utilizing the supplied Environmental Resource/Surface Water Management Permit Construction
Completion/Certification Form Number 0881A, or Environmental Resource/Surface Water Management
Permit Construetion Completion Certification - For Projects Permitted prior to October 3, 1995 Form No.
08818, incorporated by reference in Rule 40E-1.659, FAC. The statement of completion and certification
shall be based on onsile observation of construction or review of as-built drawings for the purpose of
determining if the work was completed in compliance with permitted plans and specifications. This
submittal shall serve to notify the District that the system is ready for inspection. Additionally, jf deviation
from the approved drawings are discovered during the certification process, the certification must be
acCOmpanied by a copy of the approved permit drawings with deviations noted. Both the original and
revised specifications must be clearly shown. The plans must be clearly labeled as "as-built" or "record"
drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor.
7. The operation phase of this permit shall not become effective: until the permittee has complied with the
requirements of condition (6) above. and submitted a request for conversion of Environmental Resource
Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to
be in compliance with the permitted plans and specifications; and the entity approved by the District in
accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit
Applications within the South Florida Water Management District, accepts responsibility for operation and
maintenance of the system. The permit shall not be transferred to sueh approved operation and
16E
Application No. 050725-13
Page 3 of 5
GENERAL CONDITIONS
maintenance entity until the operation phase of the permit becomes effective. Following inspection and
approval of the permitted system by the. District, the permittee shall initiate transfer of the permit to the
approved responsible operating entity if different from the permittee. Until the permit is transferred
pursuant to Section 40E-1.6107, FAC., the permittee shall be liable for compliance with the terms of the
permit.
8. Each phase or independent portion of thi:l permitted system must be completed in accordance with the
permitted plans and permit cDnditions prior to the initiation of the permitted use of site infrastructure located
within the ari:la served by that portion or phase of the system. Each phase or independent portion of the
system must be completed in accordance with the permitted plans and permit conditions prior to transfer of
responsibility for operation and maintenance of the phase or portion of the system to a local government or
other respOnsible entity.
9. For those systems that will be operated or rnaintained by an entity that will require an easement or deed
restriction in order to enable that entity to operate or maintain the system in conformance with this permit.
such easement or deed restriction must be recorded in the pUblic records and submitted to the District
along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the
Basis of ReView for Environmental Resource Permit applications withju the South Florida Water
Management District. prior to lot or units sales or prior to the completion of the system, whIchever comes
first. Othet documents concerning the establishment and authority of the operating entity must be filed with
the Secretary of State, counly or municipal entities. Final operation and maintenance documents must be
received by the District when maintenance and operation of the system is accepted by the local
government entity. Failure to submit the appropriate final documents will result in the permittee remaining
liable for carrying out maintenance and operation of the permitted system and any other permit conditions,
10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the
District in writing of the changes prior to implementation so that a determination can be made whether a
permit modification is required.
11. This permit does not eliminate the necessity to obtain any required federal. state, local and special district
authorizations prior to the start of any activity approved by this permit. This permit does not convey to the
permittee or create in the permittee any property right, or any interest in real property, nor does it authorize
any entrance upon or activities on property which is not owned or controlled by the permittee, or convey
any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E-40,
FAC..
12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any
excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title
to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the
required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the
permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to
commencing activity on sovereignly lands or other state-owned lands.
13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies
for a general permit pursuant to Subsection 40E-20.302(3), FAG., also known as the "No Notice" Rule.
14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities
which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment
or use of any system authorized by the permit.
15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application.
including plans or other supporting documentation, shall not be considered binding, unless a specific
condition of this permit or a formal determination under Section 373.421 (2), F-S., provides otherwise.
16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of
1682
AppUcation No. 050725-13
Page 4 of 5
GENERAL CONDITIONS
ownership or control of a permitted system or the real property on which the permitted system is located.
All transfers of ownership or transfersofa permit are subject to the requirements of Rules 40E-1.6105 and
40E-1.6107, FAC.. The permittee transferring the permit shall remain liable for corrective actions that
may be required as a result of any violatlons pi"iorto the sale, conveyance or other transfer of the system.
17. Upon reasonable notice to the permittee, District authorized staff with proper identification shaH have
permission to enter, inspect, sample and test the system to insure conformity with the plans and
speciticationsapproved by the permit.
18. If historical or arcl1aeological artifacts are discovered at any time on the project site, the permittee shall
immediately notify the appropriate District service center.
19. The permittee shall immediately notify the District in writing of any previously submitted information that is
later discovered to be inaccurate.
-
r...
"
Ij
c;;:, "-
Application No. 050725-13
Page 5 of 5
SPECIAL CONDITIONS
1. The construction phase of this permit shall expire on September 9, 2010.
2. Operation of the surface water management system shall be the responsibility of COLLIER COUNTY
STORMWATER DEPARTMENT.
3. Discharge Facilities: Through prevIously permitted facilities.
4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems
that result from the construction or operation of the surface water management system.
5. Measures shall be taken during construcllon to insure that sedimentation and/or turbidity violations do not
occur in the receiving water.
6. The District reserves the right to require that additional water quality treatment methods be incorporated
into the drainage system if sueh measures are shown to be necessary.
7. Facilities other than those stated herein shall not be constructed without an approved modification of this
permit.
8. A stable, permanent and accessible elevation reference shall be establisheR-. on or within one hundred
(100) feet of all permitted discharge structures no later than the submission of the certification report. The
location of the elevation referenee must be noted on or with the certification report.
9. The permittee shall provide routine maintenance of all of the components of the surface water
management system in order to remove all trapped. sediments/debris. All materials shall be properly
disposed of as required by law. Failure to properly maintain the system may result in adverse flooding
conditions.
10. This permit is issued based on the applicant's submitted information which reasonably demonstrates that
adverse water resource related impacts will not be caused by the completed permit activity. Should any
adverse impacts caused by the completed surface water management system occur, the Distriet will
require the permittee to provide appropriate mitigation to the District or other impacted party. The District
will require the permittee to modify the surface water management system, if necessary. to eliminate the
cause of the adverse impacts.
11. All special conditions and exhibits previously stipulated by permit number 11-01820-P remain in effect
unless otherwise revised and shall apply to this modification.
12. The Permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan and on the
applicable approved construction drawings for the duration of the projects construction activities. Exhibits
No. 2.0-2.9 have been incorporated by reference and shall be retained in the permit file.
13. The Permittee shall utilize the criteria contained in the Urban Stormwater Management Program for post
construction activities. Exhibits No. 3.0-3.5 have been incorporated by reference and shall be retained in
the permit file.
14. All contractors must be provided with a copy of the staff report and permit conditions prior to the
commencement of construction. The permittee is responsible for ensuring that aU contractors adhere to
the project construction details and methods indicated on the attached permit Exhibits and described
herein.
15. Plan sheets 2 through 6 dated July 18,2005 signed and sealed by James F. Adams, PE of TBE Group,
Inc. are incorporated by reference into this permit and will be retained in the permit file.
erp_stafUeporlrdf
1(_. ~
,'---J
last Date For Agency Action: 23-SEP-2005
GENERAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT
Project Name: 14th Street Outfall Improvements
Permit No.: 11-01820-P-02
Application No.: 050725-13
Application Type: Environmental Resource (General Permit Modification)
Location: Collier County. S22ff49S/R25E
Permittee: Collier County Stormwater Department
Operating Entity: Collier County Stormwater Department
Project Area: .34 acres
Project Land Use: Other
-
Drainage Basin:
Receiving Body:
WEST COLLIER Sub Basin: GORDON RIVER EXTENSION
GORDON RIVER VIA GOODLETTE-FRANK ROAD Class: CLASS III
ROADSIDE SWALE
Special Drainage District: NA
Conservation Easement To District: No
Sovereign Submerged Lands: No
PROJECT PURPOSE:
This application is a request for a modification to an Environmental Resource Permit authorizing
Construction and Operation of a surface water management system serving a 0.34-acre project known as
14th Street Outfall Improvements. part of a residential development known as Hemingway Place. with
discharge into Gordon River via the Goodlette-Frank Road roadside ditch.
App.no. : 050725-13
Page 1 of 4
erp _stafUeporUdf
.....,.,
16B2
PROJECT EVALUATION:
~~._..''''_.'.'.''''_''-,-.-~--...,..~.._~_.m............._-.w_..,..--...c........-.__.-....._~. _.'_..W.__ .... ....._......m_.__w..__.. .--7.-~~.~................... w__.__.w.........._.._........_...._.. . ...--........-..J
~9JECT.,SiTE. DESCRIPT!Q.N.....L-_._._ .__._____..;..~_._._:.z.:.~_.._...._~_______..__.______.;..;..._...__...
The project site is mainly on 14th Street, just west of Goodlette-Frank Road between Cypress Woods
Drive and Cooper DriveJn Colller County. Location maps are attached as Exhibit 1.0 and 1.1.
The site is bordered by Goodlette-Frank Road on the east and by residential developments on the north,
south and west. There are no wetlands or other surface waters located within or affected by the proposed
project. No adverse environmental conditions are anticipated as a result of project construction.
PROPfi$fi.Q~RQ1~efL=_~~~:=~~==.-^7- "... ._-:::.==:_=:::.=:==:=-=:=~~w .-..--.c.---------.- __..===:J
The applicant proposes development of a O.34-acre project to improve drainage condition within the
permitted Hemingway Place development. The project site is located on 14th Street, just west of
Goodlette-Frank Road between Cypress Woods Drive and Cooper Drive in CoUierCounty.
The proposed improvements includes replacing three existing conveyance systems partially serving the
Hemingway Place Subdivision and surrounding neighborhoods. These conveyance systems direct
stormwater runoff from the residential developments in this area to Goodlette-Frank Road roadside ditch.
Two existing drainage outfaUs shall be replaced with 24" RCP and 24" x 38" ERCP and an existing
drainage swate shall be replaced with 29" x 45" ERCP.
The proposed project is expected to improve the existing drainage conditions and relieve the existing
adverse flooding for the residential developments located in this area. The project is in substantial
compliance with the original permit. No adverse water quality or quantity effects are anticipated at this
time.
t.ANOUSE:
- The land use shown in the table below is the Collier County's right-of-way and easements.
- The project's drainage area is approximately 52.40 acres.
Construction:
Project:
This Phase
Other
.34
acres
Total:
.34
WA TE:R QUANTITY :
Discharge Rate:
The proposed project is consistent with the land use and site grading assumptions from the design of the
surface water management system. Therefore, the surfaee water management system for this project
has not been designed to limit discharge for the design event to a specified rate.
WATER QUALITY :
App.no. : 050725-13
Page 2 of 4
erp_stafUeport.rdf
1682
An Urban Stormwater. Management Program and Construction Pollution Prevention Plan specifications
and guidelines are part of the required water quality. Construction and daily operation of the project shall
be conducted in accordance with Special Condition Nos. 12-13 and Exhibits Nos. 2.0-2.9 and 3.0-3.5
which are incorporated by reference and shall be retained in the permit file.
No adverse water quality impacts are anticip~ted as a result of the proposed project.
Endangeret':lSpecles:
The project site does not contain preferred habitat for wetland-dependent endangered or threatened
wildlife species or species of special concern. No wetland-dependent endangered/threatened species or
species of special concern were observed onsite, and submitted information indicates that potential use of
the site by such species is minimal. This permit does not relieve the applicant from complying with all
applicable rules and any other agencies' requirements if, in the future, endangereglthreatened species or
species of special concern are discovered on the site.
CERTIFICATION AND MAINTENANCE OF THEWATERMANAGEMEN.T ~YSl'E~ .
It is suggested that the permittee retain the services of a Professional Engineer registered in the State of
Florida for periodic observation of construction of the surface water management (SWM) system. This will
facilitate the completion of construction completion certification Form #0881 which is required pursuant to
Section 10 of the Basis of Review for Environmental Resource Permit Applications within the South Florida
Water Management District, and Rule 40E-4361 (2), Florida Administrative Code (FAC.).
Pursuant to Chapter 40E-4 FAC., this permit may not be converted from the construction phase to the
operation phase until certification of the SWM system is submitted to and accepted by this District. Rule
40E-4.321(7) FAC. states that failure to complete construction of the SWM system and obtain operation
phase approval from the District within the permit duration shall require a new permit authorization unless a
permit extension is granted.
For SWM systems permitted with an operating entity who is different from lhe permittee, it should be noted
that until the permit is transferred to the operating entity pursuant to Rule 40E-1.6107, FAC., the permittee
is liable for compliance with the terms of this permit.
The permittee is advised that the effieiency of a SWM system will normally decrease over time unless the
system is periodically maintained. A significant reduction in flow capacity can usually be attributed to partial
blockages of the conveyance system. Once flow capacity is compromised, flooding of the project may
result. Maintenance of the SWM system is required to protect the public health, safety and the natural
resources of the state. Therefore, the permittee must have periodic inspections of the SWM system
performed to ensure performance for flood protection and water quality purposes. If deficiencies are found,
it is the responsibility of the permittee to correct these deficiencies in a timely manner.
App.no. : 050725-13
Page 30f 4
erp_stafCreport.rdf
16B~
RELATED CONCERNS:
Water Use Permit Status:
The applicant has indicated that no irrigation water will be used for the project and dewatering is not
required for construction of this project
This permit does not release the permittee from obtaining all necessary Water Use authorization(s) prior
to the commencement of activities which will require such authorization, including construction dewatering
and irrigation.. unless the work qualifies for a Nq-Notice Short-Term Dewatering permit pursuant to
Chapter 40E-20.302(3) or is exempt pursuant to Section 40E-2.051, FAC.
Historical/Archeological Resources:
No information has been received that indicates the presence Df archaeological or historical resources or
that the proposed activities could cause adverse impacts to archaeological or historical resources.
DCAlCZM Consistency Review:
-
The District has not received a finding of inconsistency from the Florida Department of Environmental
Protection or other commenting agencies regarding the provisions of the federal Coastal Zone
Management Plan.
Enforcement:
There has been no enforcement activity associated with this application.
STAFF REVIEW:
DIVISION APPROVAL:
DATE:
~r0r-
SU~W ~
William Foley, P.E.
DATE: q - % -0<)'
App.no. : 050725-13
Page 4 of 4
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1682
CONSTRUCTION POLLUTION PREVENTION PLAN
for
Prcijecl'Name and
LocatiQ/): (\..atitude,
Longitude, or Address)
{Purpose
Construction in this project will generally consist of site clearing, lake excavation. and construction of roadways. utility
infrastructure.. Qolf course, and mulu..use vertical construction.
Soil disturbing activities will include: clearing and grubbing,installing a stabilized construction entrance, perimeter barming and
other erosion and sediment controls; grading; excavation for the storm water management lake. storm sewer. utilities, and building
foundations; construction of curb and gutter, road, and parking areas; and preparation for final planting, sodding, seeding and
mulch! .
Rl.lnoff Coefficient:
SUe Area:
1. Installation of stabilized oonstructlon entrance.
2. Partial clearing and grubbing.
3. Install perimeter berm(s) or silt fences with straw bale
barrier(s} adjacent to wetland areas.
4. Continue clearing and grading.
5. Construction storm water management lakes
6. Stockpile excavated soil.
7. Stabilize denuded areas and stockpiles within 2t days of
last construction activity in that area.
8. Install utilities. storm sewer. curb and
N~r.neof Receiving
Waters:
9. Complete grading, subgrade and base course oonstruction.
10. Complete final paving.
11. Complete landscape grading and install permanent seeding
and plantings.
12. When all construction activity is complete and the site is
stabilized. remove temporary earth berms, straw bale
barriers and filter fences and re-seed any areas dlstul'bed
by their removal.
. C()NTRQ4~/
Erosion and Sediment Controls
Stabilization. Practices
Temporary Stabilization: Top soil stock piles and disturbed portions of the site where construction activity temporarily cease for at
least 21 days will be stabilized with temporary seed and mulch no later than 14 days from the last construction activity irtthat area.
The seed shall be Bahia, millet, rye, or other fast-growing grasses. Prior to seeding, fertilizer or agricultural limestone shall be
applied to each area to be temporarily stabilized. After seeding. each area shall be mUlched with the mulch dlsked into place.
Areas of the site which will be paved will be temporarily stabilized by applying limerock subgrade until bituminous pavement can be
applied.
Permanent Stabilization: Disturbed portions of the site, where construction activities permanently cease, shall be stabilized with
sod, seed and mulch, landscaping. andlor other equivalent slabilizationmsat;ures (e.g., rip-rap. geotexliles)no later than 14 days
after the date of the last construction activity. The sod shall typically be Floratam or Bahia sod. Prior to seeding, fertilizer or
agricultural limestone shall be applied to each area to be temporarily sti:ibilized. After seeding, each area shall be mulched with the
mulch disked into lace.
EXHIBIT 2.0
16B 2
't:!:pNTfR{~$':tCon1jnue'd~ ,;-:L;:'
Structural PracticeS
Silt Fence I Straw Bale Barrier - will be constructed along those areas of the project that border adjacent wetlands. At a minimum, the
silt fence and/or straw bale barrier will be placed along all wetland buffers. and all Corps of Engineers jurisdictional wetland
boundaries.
Straw Bale Drop InletSedirnent Filter - will be placed around all constructed storm drain inlets immediately upon COmpletion of
construction and shall remain in-place until the contributing drainage area is stabiliZed. Alternatively, grate inlets can be covered with
filter fabric material until stabilization.
Storm WaterMan ement
The project will utilize a system of lakes to provide the required water quallty treatment and attenuation. Discharges from the water
management system will be regulated by a series of water control structures. These control structures will be used to maintain water
levels in the detention facilities that will maintain or restore the hydroperiod in the wetlands and flowways. The water control structures win
also be used to restrict the discharges from the project as described above. Dry pre-treatment will be provided for the golf course
maintenance facilities and commercial parking lot runoff prior to discharge into the lake system.
Spreader swales will be used at appropriate locations to disperse flow and dissipate energy of runoff into wetlands. Spreader swales will
also be used at appropriate locations to disperse flows discharged from the water management system into receiving f1owways. Spreader
swales will be heavily planted with native vegetation to help buffer the transition from the manmade lakes to the natural systems.
....
DISCHARGE RATES:
Waste dis sal:
Waste Materials:
All waste materials will be collected and stored in a trash dumpster which will meet all local and State solid waste management
regulations. All trash and construction debris from the site will be deposited in this dumpster. The dumpster will be emptied as
required due to use andlor State and local regulations, with the trash disposed of at the appropriate landfill operation. No construction
waste materials will be buried onsite. All personnel will be instruCted regarding the correct procedure for waste disposal. Notices
stating these practices wilt be posted in the construction office trailer.
Hazardous Waste:
All hazardous waste materials will be disposed of in the manner specified by local or Slate regulation or by the manufacturer. Site
personnel will be instructed in these practices.
Sanitary Waste:
All sanitary waste will be collected from the portable units by a local. licensed, City of Fort Myers. sanitary waste management
contractor, as re . ulred b local r ulation.
OffsiteVehicle Trackil'l :
A stabilized construction entrance has been provided to help reduce vehicle lracking of sediments. Asthey ar~ completed, paved
streets will be swept as needed to remove any excess muck, dirt. or rock tracked from the site. Dump trucks hauling material from the
construction site will be covered wl1h a Ia aulin.
j'lMING.'6FO;9.NTRO[$lMEA$t!~E$
_.' " w ,.:....... . ." '" . . -. . v: :--' . -,.~_.--t . "", ,.. .~..: -"",''''_, __._ ,...._:.... .. .. ", ~.' "''',,'' .,.' -.; . "', ,"k " -<>,_:,_~,"",' .::"," _<_ ,0' _-'_ ,~.,._~ : -:',-F-,-"- '. '..~
CERTfFICA TJOItJ;efLc;OMPLIANfJ~\NITHFEq~,RAL, STATEE'';I~NP t
The storm water pollution prevention plan reflects the United States Environmental Protection Agency and the South Florida Water
Management District (SFWWD) requirements for storm water management and erosion and sediment control. as established in the
Chapter40E-4 FAC and Cha ter 373 FS.
EXHIBIT 2.1
3flO,"Z(lG;. S1D71 "or: 0)0. .n;vANS
CA><)
cou l~.OO2-COO- ECOq. 7508
,C"~
,...",MAJNT:J;~f'JICEJI NSR-fE~;t1Qrg'emi:)Q'~~UB~~'J,'
Erosion and Sediment Oontrollo$ ectionand MaintEmanceP,raciices
These are the inspection and maintenance practices that will be used 10 maintain erosion and sediment controls,
. All control measures will be inspected at least once each week and following any storm event of 0.5 inches or greater.
. All measures will be maintained in good working order; if a repair is necessary, it shall be corrected as soon as possible, but in
no case later than 7 days after the inspection.
. Built up sediment will be removed from silt fence when it has reached one-half the height of the fence.
. Silt fence will be inspected for depth of sediment, lears, 10 see if the fabric is securely attached to the fence posts, and 10 see
that the fence posts are firmly in the ground,
. Temporary seeding and permanent sodding and planting will be inspected for bare spots, washouts. and healthy growth.
. A maintenance inspection report will be made after each inspection. A copy of the report form to be completed by the inspector
is attached.
. The Owner will appoint one individual who will be responsible for inspections, maintenance and repair activities, and for
completing the inspection and maintenance reports.
-
. Personnel selected for inspection and maintenance responsibilities will receive training from the site superintendent. They will
be trained in all the inspection and maintenance practices necessary for keeping the erosion and sediment controls usedonsite
in ood worki order.
Non-Storm Water Dischar e
It is expected that the following nOIWilorm water discharges will occur from the site during the construction period:
.. Water from water line f1ushings.
. Pavement wash waters (when no spills or leaks of toxic or hazardous materials have occurred),
. Uncontaminated groundwater {from dewatering excavation},
All non-storm water dischar es will be directed to the storm water mana ement facilities rfor 10 discha
:..':1&~tiT~R'iFQf1::p&~I+QTI0N,;R.f$~gt>n'IOf[;[R!#\N;
The materials or substances lisled below are expected to be present onsite during construction:
. Concrete . Fertilizers
. Detergents . Petroleum Based Products
.. Paints (enamel and latex) .. Cleaning Solvents
.. Metal Studs . Wood
. Asphalt . Masonry Block
.. Roof! Shin les . Cia or concrete bricks
EXHIBIT 2.2
3/1"'2004.31971 V.,-; 0"- JEVANS
"'"'.
O1fJ,..."OOz.(;Jfb F.(""..oo. 't5(ta
...._-'----... -.
~
:ib 6B 2
St?t~Rpg~g~W!QijB;,::..'.
Material Mana . emerttPractices
The following are the materials management practices thalwill be used to reduce the risk of spills or other accidental exposure of
materials and substancesto.s1.orrn water runoff,
GoOd Housekeeiri :
The following good housekeeping practices will be followedonsite during the construction project;
. An effort will be made to store only enough product required to do the job.
. All materials stored onsite will be stored in a neat, orderly manner in their appropriate containers, and if posSible. under a roof
or other enclosure.
. PrOducts will be kept In their original containers with the original manufacturer's label.
. Substances will natbe miXed with one another unless recommended by the manufacturer.
. Whenever possible, all of a prOduct will be used up before disposing of the container.
. Manufacturers' recommendations for proper use and disposal will be followed.
. The site su erintendent will inspect to ensure proper use and disposal of materials onsite.
Haz,ardousProductS:
These practices are used to reduce the risks associated with hazardous materials:
. PrQducts will be kept In original containers unless they are not resealable.
. Original labels and material safety data will be retained; they contain important product information.
-
. If surplus product must be disposed of, manufacturers' or local and State recommended methods for proper disposal will be
followed.
Product S.. eclficPractices
The following produce specific practices will be followed onsile:
Petroleum Products:
All ensite vehicles will be monitored for leaks and receive regular preventive maintenance to reduce the chance of leakage.
Petroleum products will be stored in tightly sealed containers which will be clearly labeled. Any asphalt substances used onsile will
be a lied in accordance wilh the manuracturer's recommendations and standard construction ractices.
Fertili~ers:
Fertilizers will be applied only in toe minimum ~mounts recommended by lhe manufacturer. Once applied, fertilizer will be wofli;ed
into the soil to limit. exposure to storm water. Slorage will be in a covered shed. The contents of any partially used bags of fertilizer
wiU be transferred to a sealable lasUe bin to avoid sills.
Paints:
All containers will be tightly sealed and stored when not required for use. Excess paint will not be discharged to the storm sewer
system but will be properly disposed of according to manufacturers' instructions and/or state and local regulations,
EXHIBIT 2.3
J.::lA:'2'OOC- 310f1 VfI'::- OU. JevANS
~.
03914-<>02.000. fCOR- 1500'
1682
.. ,sPlbCPREVENTlCilN' (. conti~Uea)<-' .
. ',.c.."", ,',.j,._.""...<<_....",' ._.'..'00..__.".. .,..".>.,"_q,.,<':'!r'~,,"__,...._.
S ill Control Practices
In addition to the good housekeeping and material management practices diScussed in the previous sections of this plan, the
following practices will be followed for spill prevention and cleanup.
. Manufacturers' recommended methods for spill cleanup will be clearly posted and site personnel will be made aware of the
procedures and the location of the information and cleanup supplies..
. Materials and equipment necessary for spill cleanup will be kept in the material storage area on site. Equipment and
materials will include-but not be limited to-rags, gloves, goggles, kitty litter, sand, and plastic and metal trash containers
specifically for this purpose.
. All spills will be cleaned up as soon as possible after discovery.
. The spill area will be kept well ventilated and personnel will wear appropriate protective clothing to prevent Injury from contact
with a hazardous substance.
. Spills of toxic or hazardous material will be reported to the appropriate state or local government agency, regardless of the
size. -
. The spill prevention plan. will be adjusted to include measures to prevent this type of spill from reoccurring and how to clean
up the spill if there is another one. A description of the spill. what caused it, and the cleanup m~ures will also be included.
. The Contractor's site superintendent will be responsible for the day-to-day site operations and will be the spill prevention and
cleanup coordinator. He will d~ignate at'teast two other site personnel who will receive spill prevention and cleanup training,
These individuals will each become responsible for a particular phase of prevention and cleanup. The names of responsible
s ill ersonnel will be osted in the material stora e area and in the office trailer onsite.
EXHIBIT 2.4
311~3!971 V~C1~..J"'E\I~S
.....
lml'-002.ooo. ECOIl. 7~
16,B >-,
.. . ''''''.;.'' -.' -,', ~
. ;~_:goLpjif1P~:P ~~g~~I_QN Pl1\N~$f(iJFICATIO~-.
:;,'''",....,";."
>cco ~::J< '::-.~ ;~, ~
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance
witha system designed to assure that qualified personnel properly gathered and evaluated the information submitted, Based on my
inquiry of the person or persons who manage tl)e system. or those persons directly responsible for gathering the information, the
information submitted is, fo the best of my knowledge and belief. true. accurate. and complete" I am aware that there are significant
penalties for submitting false Information, including tha possibility of fine and imprisonment for knowing violations.
Signed:
Print Name:
Title:
Date:
C<:>~~9TQ~'sgt;~I.E!QA.TlqNL'<:~'~f.:, ....,.
I certify under penalty of law that I understand the terms and conditions of the general National Pollutant Discharge Elimination
System (NPDES) permit that authorizes the storm water discharges associated with industrial activity from the construction site
identified as part of this certification.
Si nature For ,Res onsible for
Date:
Date;
Date:
oate:
EXHIBIT 2.5
3ft~ 3Hi71 Ver Ol!. JtVANS
~
~G'1...002..ooo. ECOR. 7508
16B~
CONSTRUCTION POLLUTION PREVENTION PLAN
for
Inspection And. Maintenance Report Form
(To be completed every 7 days and within 24 hours of a rainfalf event of 0.5 inches or more)
INSPECTOR:
INSPECTOR'S QUALIFICATIONS:
DATE:
Days since last rainfall:
Amount of last rainfall
inches
ST ABILIZATJON MEASURES
Area Date Since Date of Next Stabilized? Stabilized Condition
Last Disturbed Disturbance (ves J no) With
-
Stabilized required:
To be performed by:
on or before:
EXHIBIT 2.6
3tt~ 319}'1 ve.r D1,.. JEVAN$:
""""
03"_Z-ooo. fC~. 75Ol1
16:B2
CONSTRUCTION POLLUTION PREVENTION PLAN
for
Inspection And Maintenance Report Form
Structural Controls
DATE:
SILT FENCE rSTRAW BALE BARRIER
From To Is Silt Fence I Straw Is there evidence of
Bale Barrier in place? washoutorover4oopina?
-
Maintenance required for silt fence I straw bale barrier:
To be performed by:
on or before;
~1Qr2(J01..'1i"1 v.,-nH-JEVANS.
"'"'
03"0.002.000. eCOR. 13M
EXHIBIT 2.7
16 O.t ""J..;
Dc..
CONSTRUCTION POLLUTION PREVENTION PLAN
for
Inspection And Maintenance Report Form
Structural Controls
DATE:
EARTHEN PERIMETER BERM
From To Is berm stabilized ? Is there evidence of
washoutorover~ODDmQ?
-
Maintenance required for perimeter berm:
To be performed by:
on or before:
EXHIBIT 2.8
3118f2OOL. 3110111. Vtr- 01!-JEVANS
<<-
0!9'4-002-000. ECOR. t3QO
r'.:r ,I,
::/.b,,,,,
CONSTRUCTION POLLUTION PREVENTION PLAN
for
Inspection And Maintenance Report Form
CHANGES REQUIRED TO THE POLLUTION PREVENTION PLAN:
-
REASONS FOR CHANGES:
I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gathered
and evaluated the information submitted. Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the information, the information submitted is, to
the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of tine and imprisonment for knowing
violations.
Signature
Date
EXHIBIT 2.9
3I1~.:319J'1 V~_D,~.jEVANIS
".<3
~1..ao~QCOo. e.cc:R.. 7se.&
Ap'1I21,216B 2 ~
URBAN STORMWATER MANAGEMENT PROGRAM
1.0 Introduction
This document provides details of the Urban Stormwater Management Program for the (Project
Name) in (location), This Plan discusses non-structural controls, intended to improve the
quality of stormwater runoff by reducing the generation and accumulation of potential
stormwater runoff contaminants at or near the respective sources for each constituent, along
with significant structural components of the primary stormwater treatment system. Although
many of the methodologies and procedures outlined in this document are general Best
Management Practices (BMP's) whiCh can be useful in attenuating pollutants in many types of
urbanized settings, the implementation of these practices has been optimized. to the maximum
extent possible. to reflect the unique character of the (Project name) and the surrounding
hydrologic features.
-
Pollution prevention guidelines are provided for the areas of (1) nutrient and pesticide
management; {2} street sweeping; (3) solid waste management; (4) operation and maintenance
of the.stormwater management and treatment system; (5) routine Water quality testing; and (6)
construction activities. A discussion of each of these activities is given in the following sections.
2.0 Nutrient and Pesticide ManaQement
Nutrient and pesticide management consists of a series of practices designed to manage the
use of fertilizers and pesticides so as to minimize loss of these compounds into stormwater
runoff and the resulting water quality impacts on adjacent waterbodies. Implementation of a
management plan will also maximize the effectiveness of the nutrients and pesticides that are
applied.
Each homeowner must commit themselves to the practice of responsible and careful landscape
design and maintenance of each lot to prevent contamination of surface waters. Theguidelines
included in this section are intended to help homeowners make educated environmental choices
regarding the maintenance of individual yards within the community. These maintenance and
management guidelines are meant to promote an attractive neighborhood that preserves the
health of adjacent waterways and environmental features.
2.1 General Requirements
A landscape plan must be developed for each residence. The plan must be comprehensive in
nature and follow the landscape design guidelines established by the Homeowners Association
and must promote revegetation of each lot as quickly as possible.
Commercial applicators of chemical lawn products must register with the Homeowners
Association annually and provide a copy of their current occupational license. proof of business
liability insurance, and proof of compliance with applicable education and licensing
requirements. Individual employees working under the direction of a licensed commercial
applicator are exempt from the educational requirements.
EXHIBIT 3.0
Only registered commercial applicators and individual lot owners are permitted to apply
chemicals within the property on a private lot. All chemical products must be used in
accordance with the manufacturer's recommendations. The application of any chemical product
within five (5) feet of any surface water including but not limited to ponds, lakes, drainage
ditches or canals. is prohibited. The use of any chemical product in a manner that will allow
airborne or waterborne entry of such products into surface water is prohibited. This rule shall
not apply to the use of chemical agents, by certified lake management specialists, for the control
of algae and vegetation within the stormwater lakes or ponds.
2.2 Nutrient Management Program
Management and application of nutrients and fertilizers in the (Project Name) will adhere to the
following guidelines:
A. All fertilizers shall be stored in a dry storage area protected from rainfall and ponding,
B. No fertilizer containing in excess of. 2% phosphate/pho$f)hortJs (PzOs) per
guaranteed analysis label (as defined by Chapter 576, Florida Statutes) shall be
applied to turf grass unless justified by a soil test.
C. Fertilizer containing in excess of 2% phosphate/phosphorus (P20S) per guaranteed
analysis label shall not be applied within 5 feet of the edge of water or within 5 feet of
a drainage facility.
D. All fertilizer shall be applied such that spreading of fertilizer on all impervious
surfaces is minimized.
E. Liquid fertilizers containing in excess of 2% phosphate/phosphorus (P20S) per
guaranteed analysis label shall not be applied thorough an irrigation system within 10
feet of the edge of water or within 10 feet ofa drainage facility.
F. Liquid fertilizers containing in excess of 2% phosphate/phosphorus (P20S) per
guaranteed analysis label shall not be applied through high or medium mist
application or directed spray application within 10 feet of the edge of water or within
10 feet of a drainage facility.
2.3 Pest Management Program
Proper maintenance of plants and turf areas will minimize the ability of pests to successfully
attack landscaping. Several general guidelines follow:
A. Apply fertilizer and water only when needed and in moderate amounts. Excessive
amounts of either can cause rapid growth that is attractive to insects and disease.
S. Mow St. Augustine grass to a height of 3-4 inches. If cut shorter, the plants may
become stressed and more vulnerable to pest infestation. Each mowing should
remove no more than one-third of the. leaf blade, and those cuttings should remain
on the lawn to decompose.
C. It is recommended that pesticides. fungicides, and herbicides be used only in
response to a specific problem and in the manner and amount recommended by the
manufacturer to address the specific problem. Broad application of pesticides,
fungicides and herbicides as a preventative measure is strongly discouraged.
EXHIBIT 3.1
1.: t;
-,.{
/.-m....
t!.
~
The use of pesticides, fungicides, or herbicides is limited to products that meet the following
criteria:
A. Must be consistent with the USDA-NRCS Soil Rating for Selecting PestiCides
B. Must have the minimum potential for 1eaching into groundwater or loss from runoff
C. Products must be EPA-approved
D. The half-life of products used shall not exceed seventy (70) days
3.0 Street SweeDina
This practice involves sweeping and vacuuming the primary streets to remove dry weather
accumulation of pollutants. especially particulate matter, before wash..off of these pollutants can
occur during a storm event. This practice reduces the potential for pollution impacts on
receiving waterbodies by removing particulate matter and associated chemical constituents.
Although street cleaning operations are frequently conducted primarily for aesthetic purposes.
the primary objective of the street sweeping program for the (Project Name) is to improve the
quality of stormwater runoff generated from impervious traffic areas. Street sweeping activities
can be particularly effective during periods of high leaf fall by removing solid leaf material and
the associated nutrient loadings. from roadside areas where they could easily become
transported within stormwater flow.
Street sweeping operations will be performed in the (Project Name) at a minimum frequency of
one event every other month. A licensed vendor using a vacuum-type sweeping device will
perform all street sweeping activities. Sweeping activities during each event will include all
primary street surfaces. Disposal of the collected solid residual will be the responsibility of the
street sweeping vendor.
4.0 Solid Waste Manaaement
In general, solid waste management involves issues related to the management and handling of
urban refuse, litter and leaves that will minimize the impact of these constituents as water
pollutants.
Maintenance. of adequate sanitary facilities for temporarily storing refuse on private premises
prior to collection is considered the responsibility of the individual homeowner. Local
requirements for refuse collection will be brought to the attention of every homeowner at closing
for the sale of the property. Information will be distributed as necessary stating specifications
for containers, separation of waste by type, where to place containers prior to collection, and
established collection schedules.
Fallen tree leaves and other vegetation, along with grass clippings, may become direct Water
pollutants when they are allowed to accumulate in swales and street gutters. . All homeowners
will receive periodic educational materials that address proper disposal of leaves and other
vegetation to minimize water quality impacts.
EXHIBIT 3.2
1682
5.0 Stormwater Management and Treatment System
The stormwater management system for the (Project Name) is designed to maximize the
attenuation of stormwater generated pollutants prior to discharge to the off-site wetland
systems. Operational details and maintenance requirements of the various system components
are given in the following sections.
5.1 Wet Detention lakes and lake Interconnect Pipes
The basic element of thestormwater management system consists of a series of interconnected
wet detention ponds that provide stormwater treatment through a variety of physical, biological,
and chemical processes. A wet detention pond acts similar to a natural lake by temporarily
detaining stormwater runoff, allowing opportunities for treatment processes to occur. prior to
slow controlled discharge of the treated water through the outfall structure. Pollutant removal
processes in wet detention systems occur during the quiescent period between storm events.
Significant removal processes include gravity settling of particulate matter;...biologicalllptake of
nutrients and other ions by aquatic plants, algae and microorganisms; along with natural
chemical flocculation and complexation processes.
Maintenance of the wet detention ponds will consist of an annual inspection. During each
annual inspection, the following items will be reviewed and corrected as necessary:
A. Inspect the outfall structure and orifices to ensure free-flowing conditions and overall
engineering stability of the outfall system.
B. Review the banks of the lakes and canals to ensure proper side slope stabilization
and inspect for signs of excessive seepage that may indicate areas of excessive
groundwater flow and possible subsurface channeling.
C. Physically evaluate each of the lakes and canals for evidence of excessive sediment
accumulation OJ erosion.
D. Insped the planted aquatic vegetation in the littoral zone to ensure that the desired
vegetation species. percent coverage, and density are maintained.
At the completion of the inspections, a written inspection report will be prepared, listing any
deficiencies that need to be addressed or corrected by the Homeowners Association.
5.2 Stormwater Inlets. Pipes and Culverts
The grates should be unobstructed and the bottom, inside the inlet, should be clean. Check for
any accumulation of sediment, trash such as garbage bags. or debris in the culverts connecting
these inlets. Flushing out with a high-pressure hose may clean some sediment. Any noted
blockage (due to a possible obstruction, or broken pipe, etc.) should prompt further
investigation. Crushed or corroded culverts should be replaced with new ones of the same size.
EXHIBIT 3.3
( / " i--;.-"
L' \ j
5.3 Swales and Grassed Water Storaae Areas
These provide for conveyance and/or above-ground (or surface) storage of stormwater. With
age, these areas usually fill in with vegetation and sediment. Swales may need to be regraded
and/or revegetated. It is a good idea to compare the existing slope and dimensions of theswale
with the permitted design plans prior to the removal of excess sediment or regrading. Areas
that show erosion should be stabilized with appropriate material such as sod, planting, rock,
sand bags, or other synthetic geotextile materiaL
Regular mowing of grass swales is essential. These areas also improve water quality by
catching sediment and assimilating nutrients. and recharge the underground water table.
Remove any undesirable exotic vegetation. Culverts underneath driveways should be checked
for blockage. and, if necessary, flushed with a high-pressure hose. After a storm, swales may
remain wet for an extended period of time. This is normal and the water will recede gradually.
.....
5.4 Ditches or Canals
Fill material, yard waste, clippings and vegetation, sediment, trash, appliances, garbage bags,
shopping carts. tires. cars, etc. should be completely removed. Also check to make sure there
are no dead trees or any type of obstructions which could block the drainage flow way.
Maintenance cleaning/excavation must be limited to the same depth, width and side slope as
approved in the current permit. Making a ditch deeper or wider may trigger a need for a permit
modification. Provisions must also be made to prevent any downstream silting or turbidity
(Contact the SFWMD Resource Compliance staff if you are unsure or need clarification.)
Be sure to dispose of all removed material properly so it won't affect any other water storage or
conveyance system, environmental area, or another owner's property.
5.5 Outfall Structure (also called the DischarQed Control Structure or Weir)
The outfall structure should be routinely inspected to detennine if any obstructions are present
or repairs are needed. Trash or vegetation impeding water flow through the structure should be
removed. The structure should have a "baffle" or trash collector to prevent flow blockage and
also hold back any floating oils from moving downstream. Elevations and dimensions should be
verified annually with all current permit infonnation. Periodic inspections should then be
regularly conducted to make sure these structures maintain the proper water levels and the
ability to discharge.
5.6 Earthen Embankments (Dikes and Berms)
Check for proper elevations, width and stabilization. Worn down berms - especially if used by
all-terrain vehicles or equestrian traffic - and rainfall - created washouts should be immediately
repaired. compacted and re-vegetated.
EXHIBIT 3.4
2~1
6.0 Water Quality TestinQ
To ensure proper operation of the overall treatment system, monitoring will be performed at one
outfall (SW-1) from the (Project Name) if there is a flow over the weirs. According to the
proposed Water Quality Monitoring Plan, monitoring may occur 3 times a year, once during the
dry season (February/March) and twice during the wet season (August/September). A manual
grab sample will be collected at the SW-1 outfall location and analyzed for various constituents
and parameters as described in the Surface Water Quality Monitoring Plan. Trained and
certified personnel will perform sample collection and laboratory analysis. The results of the
laboratory analyses will be submitted to South Florida Water Management District as part of an
annual water quality monitoring report by December 31 of each year.
7.0 Construction Activities
A Stormwater Pollution Prevention Plan (SWPPP) has been prepared for construction activities
to minimize activities contamination that may be caused by erosion and sedimentation during
the construction process. The plan includes provisions related to soil stabilization, structural
erosion controls, waste collection disposal. offsite vehicle tracking, spill prevention and
maintenance and inspection procedures. A copy of the SWPPP is attached hereto and made a
part of hereof.
EXHIBIT 3.5
STAFF REPORT DISTRIBUTION LIST
14TH STREET OUTFALL IMPROVEMENTS
Application No: 050725-13
Permit No: 11-D1820-P-D2
INTERNAL DISTRIBUTION
X Jewelene S. Harris - 2261
X Pakom Sutitarnnontr - 2261
X Edward Cronyn - 2261
X William Foley, P.E. - 2261
X C. Tears - 2262
X ERC Engineering - 2261
X ERC Environmental-2261
X Fort Myers Backup File - 2261
X M. 50to-4240
X M. White - 2261
X Permit File
EXTERNAL DISTRIBUTION
X Permittee - Collier County Stormwater Department
X Agent - Tbe Group
GOVERNMENT AGEN'CIES
X Collier County - Agric:tTItural Agent
X Collier County Engineer Engineering Review Services
X Div of Recreation and Park - District 8 - FDEP
X FDEP
X Florida Fish & Wildlife Conservation Commission -
Imperiled Species Mgmt Section
OTHER INTERESTED PARTIES
X Audubon of Florida - Charles Lee
X Florida Wildlife Federation - Nancy Anne Payton
X Leonore Reich
X S.W.F.R.P.C. Marisa Barmby
X Water Management Institute - Michael N. Vanatta
EXHIBIT L
STANDARD DETAILS
TPA#1953633.11
GC-CA-L-1
EXHIBIT M
PLANS AND SPECIFICATIONS
FDOT Road and Bridge Construction Standards Dated 2004 are sited
in plans -- any amendments post December 31, 2005 must be
reviewed and accepted by Project Manager prior to approval for use.
TPA#1953633.11
GC-CA-M-1
16B2
16B~
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
TPA#1953633.11
GC-CA-N-1
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 83.
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT.TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor infonnation needed. If the document is already complete with the
excet'ltion of the Chairman's si2llllture, draw a line throu2h routing lines #1 throu2h #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
-
2.
-. ...--'-
3.
_.~--
4.
- -
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the sec Chainnan's signature are to be delivered to the BCC office only after the sec has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
5.
DA f t ( f'.jvJ
//-;)8-0(,
F' Do L .,i /'-f 0 f\I\ 1l"7 ':L Number of Original
If ~ I' '~j~ r Documents Attached
R'j)/, rr.,;UCQ
UCTIONS & CHECKLIST
Initial the Yes column or mark "N! A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exc t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on I ! (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a Hcable.
Yes
(Initial)
N! A (Not
A licable)
1.
3.
2.
4.
~
v
6.
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1 83
MEMORANDUM
Date:
December 4,2006
To:
Darryl Richard
Project Manager - Transportation
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2006-300
Enclosed please find four (4) Original Agreements and Three (3)
Original Resolutions and one (1) certified copy of the document as
referenced above, Agenda Item #16B3, as approved by the Board of
County Commissioners on Tuesday, November 28, 2006.
Please forward for the appropriate Signatures and forward a fully
executed copy to the Minutes and Records Department.
If you should have any questions, please contact me at 774-8411.
Thank you.
Enclosure
RESOLUTION NO- ?nOF;- ~nn
16 r,
. .. Jj 3
RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AUTHORIZING IS CHAIRMAN TO ENTER INTO LOCAL
AGENCY PROGRAM (LAP) WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR RECEIPT OF FEDERAL DOLLARS LIGHTING AT
BA YSHORE DRIVE BRIDGE
WHEREAS, the Florida Department of Transportation has programmed $200,000 in its Five-Year Work
Program for Lighting at Bayshore Drive Bridge.
WHEREAS, $50,000 is programmed for the design of these enhancements in FY 2006/07 and $150,000
is programmed for construction in FY 2007/08; and
WHEREAS, Bayshore Drive Municipal Services Taxing Unit (MSTU) request that the Lighting
enhancements of Bayshore Drive Bridge be performed under Local Agency Agreement.
WHEREAS, Bayshore Drive Municipal Services Taxing Unit (MSTU) agrees to the continuing
maintenance of all installations as per this agreement.
WHEREAS, the $200,000 dollars programmed are from Federal Transportation Enhancement Program
funds; and
WHEREAS, agencies receiving Federal dollars through the Florida Department of Transportation
(FDOT) must enter into a Local Agency Program (LAP) agreement with FOOT to receive those funds;
and
WHEREAS, the Collier MPO is not eligible to enter into a LAP agreement and has requested that the
Collier County Board of County Commissioners enter into such an agreement on its behalf.
NOW, THEREFORE BE IT RESOLVED by the Collier County Board of County Commissioners, that
it authorizes its Chairman to enter into a LAP agreement with the Florida Department of Transportation
to receive $200,000 for Lighting at Bayshore Drive Bridge and that the Chairman is authorized to act on
its behalf on other actions that are necessary to ensure receipt of these funds.
Passed in open and regular session of the Collier County Board of County Commissioners, this
~dayof ^)OUfyrl~,2006.
ATTEST:
D~q~!.~~_BROCK, Clerk
.~~~~~
.~ ':l-f;") ~ ~t!f~' ~,' . 'C~f~ h
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
~~
By: ~ ~
Commissioner Frank Halas, Chairman
J:! i?2::' sufficiency
Scott Teach
Assistant County Attorney
"'~
j
..~-
83
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-01Q.40
PROJECT MANAGEMENT OFFICE
0llI06
. 'Page 1
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
Vendor No: F 596000558102
FPN: 412559-1 Fund: SE
Federal No: 8887 273 A Org Code: 55014010106
FPN: Fund:
Federal No: Org Code:
FPN: Fund:-~ .
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
County No:03 Contract No:
Data Universal Number System (DUNS) No: 80-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this _ day of , _ by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the
Department, and Collier County Board of Contv Commissioners, 3301 East Tamiami Trail. Naoles, Florida 34112
hereinafter called the Agency.
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described,
and the Depa~ment has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida
Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Iiahtina
and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the
"project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which
such assistance will be provided and the understandings as to the manner in which the project will be undertaken and
completed.
1.01 Attachments: Exhibit(s) A, B. 1. Land RL are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Aaency proaram Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as. to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31. 2008. If the
Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any wor!< performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice
or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or
to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
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STATE OF FLORIDA OEPARTlAENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
52!5-01ll-4O
PROJECT UANAGEMENT OFFICE
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b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3,04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000
and which have a term for a period of more than 1 year."
3.06 Notlce-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice-
to-Proceed from the Department.
3.07 Umits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations tn 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
lOCAl AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
08106
Palle3
on account of any cost incurred prior to authorization by the FHW A to the Department to proceed with the project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation,
Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld
until compliance is obtained. Where non-complianceJs not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total. >
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding. carry out the project, and shall incur obligations against and make disbursements of project, funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be
effective tlnless it complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made avail,able upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records of the Agency and all subcontractors performing work on the
project and all other records of the Agency and subcontractors considered necessary by the Departmentfor a proper audit
of costs. If any litigation. claim or audit is started before the expiration of the 5-year period. the records shall be retained
until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costs agreed to be bome by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices. contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
The administration of resources awarded by the Department to the Agency may be subject to audits andlor monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section 215.97,
Florida Statutes, as revised (see "Auditsn below), monitoring procedures may include. but not be limited to, on-site visits
by Department staff, limited scope audits as defined by OMS Circular A-133, as revised. and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any
inspections. reviews, investigations or audits deemed necessary by the FDOTs Office of Inspector General (OIG), and
the Chief Financial OffIcer (CFO) or Auditor General.
Audits
Part I - Federally Funded: Recipients of federal funds (Le., state, local government or non-profit organizations as
STATE OF FlORIDA OEPARnENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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PROJECT MANAGEMENT OFFice
08106
Page 4
defined in OMS Circular A-133, as revised) are to have audits done annually using the following criteria:
1 . In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as
revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this
Agreement. In determining the federal awar.ds expended In Its fiscal year, the recipient shall consider all sources
of federal awards, including federal resources received from the Department The determination of amounts of
federal awards expended should be in accordance with the guidelines established by OMS Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMS
Circular A-133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133. as revised.
3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, is' not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
4. Federal awards are to be Identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part II - State Funded: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(2) (I), Florida
Statutes) are to have audits done annually using the following criteria:
1. In the avent that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a state single or project-specific audit for
such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of
the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations). Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance
awarded through the Department by this Agreement. In determining the state financial assistance expended in its
fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance
received from the Department, other state agencies, and other non-state entities. State financial assistance does
not include federal direct or pass-through awards and resources received by a non-state entity for federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This Includes submission of a
financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non-state entity's resources (I.e., the cost of such an audit must be paid from the
recipienfs resources obtained from other than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award
number and year, and name of the state agency awarding it.
Part III - Other Audit ReqUirements: The recipient shall follow up and take corrective action on audit findings.
Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the
audit findings is required. Current year audit findings require corrective action and status of findings.
Records related to unresolved audit findings. appeals or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the Department. the Department ofaFinancial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or
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STATE OF FlORIDA OEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-01ll-4O
PROJECT MANAGEMENT OFFICe
08106
Page 5
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official. .
Part IV . Report Submission:
1. Copies of financial reporting packages for-amlitsconducted in accordance With OMB Circular A-133, as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
b) The Federal Audit Clearinghouse designated in OMB CircuJar A-133, as revised (the number of copies
required by Sections ~320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133, as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written
notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of
Federal Awards directly to each of the following:
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
financial reporting paCkage described in Section .320 (c), OMB Circular A-133, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf
of the recipient directly to each of the following: .
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
b) The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICI:
08108
Pages
Tallahassee, Florida 32399-1450
4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on
behalf of the recipient directlv to:
a} The Department at each of the following-address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMS Circular A-133, as revised, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V . Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes).
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the fohnat prescribed In 49 C.F.R. Part 24, Appendix a, and be
submitted to the De'Partment no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shafl be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1 )(a), Florida
Statutes).
All recipients of funds from this Agreement, including those cOlitracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3-"Travel" of the Departmenfs Disbursement Ooerations Manual, Topic 350-030-400 (Section 287.058(1 )(b),
Florida Statutes).
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
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STATE OF FLORIDA OEPARTUENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
52S-01~
PROJECT MANAGEMENT OFFICE
08106
Page 7
7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other proviSion of this Agreement, the Department may
elect by notice in writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have-made misrepresentation of a mat~ria' nature in its application, or any
supplement thereto or amendment thereof or in or with respect to any documentof data furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this
Agreement. requires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: . There has been any violation of the conflict of interest provisions contained here in paragraph
12.06 or 12.07, . .
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Faderal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid.
7.07 Disallowed Costs: in determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization. costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit UB" for
the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120-day time period may not be paid. .
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may. by written notice to the Agency, suspend any or all
of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
If the Departmentdetermlnes that the performance of the Agency is not satisfactory, the Department shall have the option
of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at
the end of such time. Suspension of this Agreement will not affect the time period for completion of the project.
If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the
Agency, the Department shall notify the Agency of such termination. with instructions as to the effective date of
termination or specify the stage of work at which this Agreement is terminated.
If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed. Payment is to be on the basis of substantiated costs.
8.02 Action Subsequent to Notice-of- Termination or Suspension: Upon receipt of any final termination or suspension
notice under this paragraph. the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary action to terminate or suspend. as the case may be. project activities and
contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which
STATE OF FLORIDA OEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
52lHl1~
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the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions
imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this A9!:~ement.
9,00 Contracts of Agency~
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring.the disbursement of Department funds, Including consultant
or construction contracts or amendments thereto, with. any third party with respect to the project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act~ It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency,. where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects~ .In all cases, the Agency's attorney shall certify
to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's,
as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to ~~is Agreement.
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in com pliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
- Lower Tier Covered Transactions,. in 49 C.F.R. Part 29, when applicable.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project,. the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion, color, gender, national origin,
disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the
particular contractual relationship in all its contracts in connection with the development of operation of the project, except
contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project
involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in
conspicuous places available to employees and applicants for employment for project work, notices to be provided by the
Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI. Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
52~10-40
PROJECT MANAGEMENT OFFICE
01108
PlIge9
. Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964,49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government Issued thereunder, and assurance by the Agency pursuant thereto.
12.04 Public Entity Crime: A person or affiliate who has been placed on the cc:>nvicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not
submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor or eonsultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list:
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a
contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public worK; may not submit bids on leases of real property to a public entity;
may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any
public entity; and may not transact business with any public entity.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such pre~ent or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and jf such interest Is Immediately disclosed to the Agency, the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to Insert in each of their subcontracts, the following provision:
"No member. officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.08 Interest of Members of. or Delegates to, Congress: No member or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or any benefit arising therefrom,
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations. and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
f;,; !'"
# 3
..!l"
-
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-Q1 Q.o4O
PROJECT MANAGEMENT OFFICE
08106
Page 10
individual or entity not a party to this Agreement.
13.03 When Rights and Remedies Not WaJved: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair or prejudice anyJjgbtor remedy available to the Department with respect to such breach
or default.
13,04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder,
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with. the project.
13.07 Contractua.lndemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold
harmless the Department and all its officers, agents, and empioyees from any claim, loss, damage, cost, charge or
expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the
performance of this Agreement except that neither the Agency, its officers, agents or its employees will be liable under
this paragraph for any claim, ioss damage, cost, charge or expense arising out of any act, error, omission or negligent act
by the Department or any of its officers, agents or employees during the performance of this Agreement
The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes, or any
similar provision of law.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement. the Department will immediately forward the claim to the Agency.
The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and
will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to
require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such
claim as described in this paragraph. The Department's failure to promptly notify the Agency of a claim shall not act as a
waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the
Agency will each pay its own expense~ for the evaluation, settlement negotiations, and trial, if any. However, if only one
party participates in the defense of the claim at trial, that party is responsible for all expenses at trial.
13.08 Plans and SpeCifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the project. The Department will review all plans and specifications and will issue to the Agency a written
approval with any approved portions of the project and comments or recommendations covering any remainder of the
project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction,
the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department.
13.09 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. CertifICation is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right-of-way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout. that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the intended purpose.
lc~ .f"
t"~
.....",
B3
STATE OF FlORIDA DEPARTMENT OF TRANSPORTAnON
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFice
08101
Page 11
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be-an-original, and such counterparts together shall constitute one in the
same instrument.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member
of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the
awarding of any federal contract. the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
grant, loan or cooperative agreement. .
If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the legislature, the judicial branch or a
state agency.
13.14 Maintenance: The Agency agrees. to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department righf-of-way, the Agency 181 will 0 will not
maintain the improvements made for their useful life.
13.15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and
approved.
If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at 850-410-9724 or by calling the State Comptroller's Hotline, 1-
800-848-3792.
1 t.:~ J~ 3
t., ..J
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
52~10-40
PROJECT MANAGEMENT OFFICE
08I0e
P8g.12
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year flrst above written.
AGENCYC~
By: ~- ~~___
Np.rn$~ ,. , .
Title: Sace Chair or
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Name: Michael G. Rippe
Title: Director of Transportation Development
Attest:
:)
Attest:
Title: Executive Secretary
i'i
'l
As to form:
As to form:
S::JfRkA,
District Attorney
See attached. Encumbrance Form for date of funding approval by Comptroller.
6">>' , 0
lbb3
STA"TE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-0'Q.40
PROJECT MANAGEMENT OFFICE
08108
Pag.'3
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 412559-1
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Collier County
Dated
PROJECT LOCATION:
The project 0 is 181. is not on the National Highway Syste~.
The project 0 is. 181. is not on the State Highway System.
PROJECT DESCRIPTION: The project will encompass installation of lighting for Bayshore Bridge and incidental
landscape and irrigation improvements to include pavers. Lighting components will be those recommended for improved
safety and aesthetic quality. Landscape and irrigation improvements will be secondary to lighting improvements as
incidental landscaping for aesthetic improvements. Pavement improvements will be those recommended for aesthetic
quality.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Departmenfs contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project. .
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule: .
a) Design to be completed by June 29.2007.
b) Right-of-Way to be certified by June 29.2007.
c) Construction contract to be let by Sectember 28.2007,
d) Construction to be completed by June 30.2008.
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
All work to be conducted outside of the Department Right-of-Way shall adhere to the 2005 Florida Greenbaok standards,
as amended.
All work to be conducted within the Department Right-of-Way shall adhere to the following:
(1) The FOOT standard specification for road and bridge construction, 2004 edition as amended. and
(2) The FOOT roadway and traffic design standard, 2006 edition as amended and design criteria from the PPM, 2006
edition as amended.
1683
STATE OF Fl.ORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
52~1ll-4O
PROJECT MANAGEMENT OFFICE
08106
Page 14
EXHIBIT IlAn
PROJECT DESCRIPTION AND RESPONSIBILITIES
For all projects the following will apply:
(a) Section 287.055, F.S. "Consultants Competitive Negotiation Act"
(b) FOOT "Project Development and Environmental Manual," where applicable
(c) The Local Agency Program Manual
The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion
of the project phase, the Department will have forty-five (45) days after receipt of the Agency's invoice to review, inspect
and approve the project phase for payment.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently 06/07 fcr
design and 07/08 for construction).
16H3
STATE OF FlORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010..40
PROJECT MANAGEMeNT OFFICE
08106
Page 15
EXHIBIT "8"
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS
Collier County
Finance Department
2671 Airport Pulling Road
Naples, Florida 34112
FPN:
412559-1
PROJECT DESCRIPTION
Name: J..i.gblliJg Length: _
Termini: 300 feet north of 'he bridee to 300 feet south of the brldoe
FUNDING
(1) (2) (3)
TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE &
PROJECT FUNDS FUNDS FEDERAL FUNDS
Planning 2006-2007
2007-2008
2006-2009
Total Planning Cost
Project Development & Environment (PD&E)
2006-2007
2007-2008
2008-2009
Total PO&E Cost
Design 2006-2007 50.000.00 50.000.00
2007-2008
2006-2009
Total Design Cost 50,000.00 50,000.00
Right-of-Way 2006-2007
2007-2008
2008-2009
Total Rlaht-of-Wav Cost
Construction 2006-2007
2007-2008 150.000.00 150.000.00
2006-2009
2009-2010
Total Construction Cost 150,000.00 150,000.00
Construction Engineering and Inspection (CEI)
2006-2007
2007-2008
2006-2009
Total CEI Cost
Total ConstructIon and CEI Costs 150,000.00 150,000.00
TOTAL COST OF THE PROJECT 200,000.00 200,000.00
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1 st of
July of each fiscal year. The Department will notify the Agency, in writing, when funds are available.
Currently, funds are available for the Preliminary Engineering activities only. A Written Notice To Proceed will be issued to
the Agency when additional funds become available for additional phases. The Agency must notify the Department upon
project completion and prior to invoicing the Department for reimbursement.
1683
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525.o1~
PROJECT MANAGEMENT OFFICE
08108
Page 18
EXHIBIT "1"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient ~ursu_ant to This Agreement Cons!st of the Following:
Federal Agency: Federal Highway Administration
CFOA #: 20.205 Highway Planning and Construction
Amount: $ 200,000.0
Compliance Requirement:
Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as
local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects,transportation
enhancement activities, the recreational trails program, and planning, research, development, and technology transfer.
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient.
eDglbllity: By law, the federal-aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore, most projects are administered by or through
state Departments of Transportation (State DOTs). Projects to be fund~ under the federal-aid highway program are
generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local
officials, as specified in 23 U.S.C. and implementing regulations, Territorial highway projects are funded in the same
manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a
state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration
(FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies
(FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments
and are approved by the Bureau of Indian Affairs (BIA) and the FHW A. Due to recent legislation, Tribal Governments
meeting certain requirements may now administer various IRR projects on behalf of the BIA alid FHWA. The Fish and
Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and
Parkways programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly
select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections
112.061,215.422,339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R.
STATE OF FLORIDA DEPI\RT~ OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-01ll-4O
PROJECT MANAGEMENT OFFICE
08108
PBge 17
EXHIBIT IlRL"
ROADWAY LIGHTNING MAINTENANCE AGREEMENT (RLMA)
Paragraph 13.14 is expanded by the following:
1. a) The Agency shall, at its sole cost and expense, maintain the existing or about to be installed roadway lighting.
system throughout its expected useful life unless and until this exhibit is superseded by a State Highway Maintenance and
Compensation Agreement.
b) In maintaining the roadway lighting system, the Agency shall perform all activities necessary to keep the
roadway lighting system fully and properly functioning, with a minimum of 90% lights burning for any lighting type (e.g.,
high mast, standard, under deck, sign) or roadway system at all times for their normal expected useful life in accordance
with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage or acts of
nature. Said maintenance shall include, but not limited to, providing electrical power and paying all charges associated
therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any
component parts of the facilities (including the potes and any and all other component parts installed as part of the
facilities), and the locating (both vertically and horizontally) of the facilities as may be necessary.
c) All maintenance shall be in accordance with the provisions of the following:
(1) Manual of Uniform Traffic Control Devices (MUTCD); and
(2) All other applicable Iccat, state or federal laws, rules, resolutions or ordinances and Department
procedures,
2. Record Keeping
The Agency shall keep records of all activities performed pursuant to this RLMA. The records shall be kept in
such format as is approved by the Department.
3. Default
In the event that the Agency breaches any of the provisions above. then in addition to any other remedies which
are otherwise provided for in this Agreement, the Department may exercise one or more of the following options, provided
that at no time shall the Department be entitled to receive double recovery of damages:
a) Pursue a claim for damages suffered by the Department or the public.
b) Pursue any other remedies legally available.
c) As to any work not performed by the Agency. perform any work with its own forces or through contractors and
seek reimbursement for the cost thereof from the Agency, if the Agency fails to cure the non-performance within 14
calendar days after written notice from the Department; however, that advance notice and cure shall not be preconditions
in the event of an emergency.
16 3
STATE OF FLORIDA OEPARTLENT OF TRANSPORT AnoN
LOCAL AGENCY PROGRAM AGREEMENT
5~10-40
PROJECT MANAGEMENT OFFICE
08108
Page 18
EXHIBIT uRL" (continued)
ROADWAY LIGHTNING MAINTENANCE AGREEMENT (RLMA)
4. Force Majeure
Neither the Agency nor the Department shall be liable to the other for any failure to perform under this exhibit to
the extent such performance is prevented by an act of God. war, riots, natural catastrophe or other event beyond the
control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence,
provided the party claiming the excuse from performance has:
a) Promptly notified the other party of the occurrence and its estimate duration,
b) Promptly remedied or mitigated the effect of the occurrence to the extent possible, and
c) Resumed performance as soon as possible.
5. Miscellaneous
a) The parties understand and agree that the Department has manuals and written policies and procedures
which shall be applicable at the time of the project and the relocation of the facilities and except that the Agency and the
Department may have entered into joint agreements for utility work to be performed by a contractor. To the extent that
such a joint agreement exists, this exhibit shall not apply to facilities covered by the joint agreement. Caples of
Department manuals, policies, and procedures will be provided to the Agency upon request.
b) . Time is of the essence in the performance of all obligations under this RLMA.
1683
STAlE OF FLORIDA DEPARnAeNT OF TRANSPORTATlO/ll
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
oaJ08
Page 19
EXHIBIT ilL"
LANDSCAPE MAINTENANCE AGREEMENT (LMA)
Paragraph 13.14 is expanded by the following:
The Department and the Agency agree as follows:
1. Until such time as the project is removed from the project highway pursuant to paragraphs 3 and 5 of this LMA,
the Agency shall,' at all times, maintain the project in a reasonable manner and with due care in accordance with all
applicacle Department guidelines, standards, and procedures hereinafter called "Project Standards." Specifically, the
Agency agrees to:
a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful
insects;
b) Properly mulch plant beds;
c) Keep the premises free of weeds;
d) Mow andlor cut the grass to the proper length;
e) Properly prune all plants which responsibility includes removing dead or diseased parts of plants
and/or pruning such parts thereof which present a visual hazard for those using the roadway; and
f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall
below original Project Standards.
The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls below
Project Standards caused by the Agency's failure to maintain the same in accordance With the provisions of this LMA. In
the event any part or parts of the project, including plants, has to be removed and replaced for whatever reason, then they
shall be replaced by parts of the same grade, size, and specification as provided in the original plans for the project.
Furthermore, the Agency agrees to keep litter removed from the project highway.
2. Maintenance of the project shall be subject to periodic inspections by the Department. In the event that any of
the aforementioned responsibilities are not carried out or are otherwise determined by the Department to not be in
conformance with the applicable Project Standards, the Department, in addition to its right of termination under paragraph'
4(a), may at its option perform any necessary maintenance without the need of any prior notice and charge the cost
thereof to the Agency.
3. It is understood between the parties hereto that any portion of or the entire project may be removed, relocated
or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state
road be widened, altered or otherwise changed to meet with the future criteria or planning of the Department. The Agency
shall be given notice regarding such removal. relocation or adjustment and shall be allowed 60 days to remove all or part
of the project at its own cost. The Agency will own that part of the project it removed. After the 50-day removal period,
the Department will become the owner of the unresolved portion of the project, and the Department then may remove,
relocate or adjust the project as it deems best, with the Agency being responsible for the cost incurred for the removal of
the project.
4. This LMA may be terminated under anyone of the following conditions:
a) By the Department, jf the Agency fails to perform its duties under this LMA following 15 days' written
notice; or
r:
I!
e:;-":"::l
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-01ll-4O
PROJECT MANAGeMENT OFFICI:
08108
Page 20
EXHIBIT uL" (continued)
LANDSCAPE MAINTENANCE AGREEMENT (LMA)
. b) By either party following 60-calendar days' written notice.
5. In the event this LMA is terminated in accordance with paragraph 4 hereof, the Agency shall have 60 days after
the date upon which this LMA is effectively terminated to remove all or part of the remaining project at its own cost and
expense. The Agency will own that part of the project it removed. After the 60-day removal period, the Department then
may take any action with the project highway or all or part of the project it deems best, with the Agency being responsible
for any removal costs incurred.
6. This LMA embodies the entire agreement and understanding between the parties hereto, and there are no
other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged
herein and superseded hereby.
7. This LMA may not be assigned or transferred by the Agency, in whole or in part, without consent of the
Department.
8. This LMA shall be ~overned by and construed in accordance with the laws of the State of Florida.
9. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. mail,
postage prepaid, registered or certified with return receipt requested:
a) If to the Department, addressed to:
Michelle S. Peronto
801 North Broadwav Avenue
Bartow. Florida 33830
or at such other address as the Department may from time to time designate by written notice to
the Agency; and
b) If to the Agency, addressed to:
DarrYl Richard
2885 Horseshoe Drive South
Naoles, Florida 34104
or at such other address as the Agency may from time to time designate by written notice
to the Department.
10. This LMA, if attached as an exhibit to the Agreement, forms an integral part of the Agreement between the
parties dated .
All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests, and
other instruments.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO C 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should he hand delivered to the 130ard Office. The completed routing slip and original
documents are to be forwarded to the Board Offiee only aft<'r thc Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si ature, draw a line throu h routin lines #1 thrau 'h #4, com lete the checklist, and forward to Sue Filson (line #5).
Addressee(s) Office Initials Date
(List in routin
1.
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered to the Bee office only after the BCC has acted to approve the
2.
item.)
Name of Primary Staff Pam Callis Phone Number 403-2359
Contact
Agenda Date Item was November 28, 2006 Agenda Item Number 16Cl
Approved by the BCC
Type of Document Executive Summary, Exhibit A and Number of Original 2
Attached Satisfaction of Notice of Promise To Pay Documents Attached
3.
4.
Yes
(Initial)
5. Sue Filson, Executive Manager
Board of County Commissioners
iJC'/
.y~
1)C--
1)c"
-y6
?(/
6. Minutes and Records
Clerk of Court's Office
I: Forms/ County Formsl Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on a8. G:> (enter date) and all changes
made during the meeting have been incorporated m the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
2.
3.
4.
5.
6.
Prepared by:
Robert Zachary
Assistant County Attorney
Office of County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
3939586 OR: 4146 PG: 3416
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
12/01/2006 at 08:12AK DWIGHT B, BROCK, CLBRK
RBC FBB 18,50
COPIBS 2,00
Retn:
CLBRK 10 THB BOARD
INTBROFFICB 4TH FLOOR
BIT 8406
16Cl
SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO
EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain
Agreement with the following:
Norman L. Platt, Jr., a married person
Whose mailing address is
669 Pine Cone Lane
Naples, FI 34104
Bearing the date of the 5th day of June 2003, recorded in Official Record Book
3308 Page(s) 0640, in the Office of the Clerk of the Circuit Court of Collier County, State of
Florida, which Agreement imposes a lien on the subject real property. The Lien secures
the principal sum of Two Thousand Six Hundred Forty Five Dollars and No Cents
($2,645.00) plus accrued interest and penalties, if any, and imposes certain obligations
against real property situated in Collier County, Florida, described as follows:
LOT 5, BLOCK 2, PALM SPRINGS ESTATES, UNIT 1, IN
ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT
BOOK 8, PAGE 22, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
\
FOLIO NUMBER: 65670840004 \
Collier County, a political subdivision of the s~e of Florida, and the Collier
County Water-Sewer District, a political subdivision of tne State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels the Lien.
ATTEST:
DWJGHT E. BROCK, CLERK
~~'Dc
test II to a.. frwu I
s191l.t..... Oft]-
Approved as to form and legal
~~~
L.r-- Davi C. eiQel
, Cou nty Attorney
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien
in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer
District, acting through its Chairman, directs execu~on and recording of this Satisfa.cc.tiort~,,;t;:l...,. '.
of Lien, by action of the Board this d'6 day of 1l!!.h'-(,~~2006. ...,..\\~ ". . .'1/......
~';;' . '">
BOARD OF COUNTY COMMISjl6NERS ":":
COLLIER COUNTY, FLORIDA,~S THE
GOVERNING BODY OF COLLle~.
COUNTY AND AS EX-OFFICIO~HE
GOVERNING BOARD OF THE CQLLlER
/ '
COUNTY WATER-SEWER DISTRraT
~~ -/' ;;''''''
FRANK HALAS, CHAIRMAN
EXHIBIT" A"
16Cl
*** OR: 4146 PG: 3417 ***
1. Norman L. Platt, Jr., a married person, securing the principal balance of two
thousand six hundred forty five dollars and no cents ($2,645.00), Folio
#65670840004.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
16C ~
Print on pink paper. Attach to original documcnt. Original documents should be hand delivcred to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Ofnce only after the Board has taken action on the item.)
ROUTING SLIP
Office
1.
--------
--
-.
5. Sue Filson, Executive Manager
Board of County Commissioners
Initials
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bce Chairman's signature are to be delivered to the BeC office only after the BeC has acted to approve the
6. Minutes and Records
Clerk of Court's Office
item.)
Name of Primary Staff Pam Callis Phone Number 403-2359
Contact
Agenda Date Item was November 28, 2006 Agenda Item Number 16C2
Approved bv the BCC
Type of Document Executive Summary, Resolution and Number of Original 2
Attached Satisfaction of Lien Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorpora ed i the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4.
5.
6.
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1: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
RESOLUTION NO. 2006 - 301
16l; 2
A RESOLUTION APPROVING SATISFACTION OF LIENS
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE
1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS
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WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the ~ ~
-
Board of County Commissioners on September 13, 1994 adopted Resolution No. 94-668
authorizing the recording of notices of liens for the delinquent solid waste collection and
disposal services special assessments for 1992; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to
approve by Resolution and record in the Official Records a Satisfaction of Lien on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the
1992 Service Year Solid Waste Collection and Disposal Special Assessment for the
following accounts numbered below, subsequent to the adoption of Resolution No.
94-668, whereupon a lien had been recorded on real property pertaining to the accounts
identified herein. The Satisfactions of Lien attached hereto referencing the accounts
identified herein are hereby approved and the Chairman is hereby authorized to sign on
behalf of the Board of County Commissioners, and the Clerk is directed to record this
Resolution and these Satisfactions of Lien individually in the official records of Collier
Cou nty:
Account No.
133003
'\
This Resolution adopted this S<cZ day of tJ~1.!-t~~.k'b-2006, after motion,
second and majority vote.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~2- -:::;;:?~
FRANK HALAS, CHAIRMAN ./
b
It &1 to Ch.l~n s
lilAltlre Oft 111
Approved as to form and
leQ:~
~ David C. w .ge(A
County Attorney
~J *** 3942933 OR: 4150 PG: 2826 ***
~ RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNfY, FL
12/08/2006 at 08:09AK DWIGHT B. BROCK, CLBRK
RBC FBB 10,00
Retn:
CLBRK TO THB BOARD
INTBROFPICB 4TH PLOOR
BIT 7240
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*** 3942934 OR: 4150 PG: 2827 **
RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL
12/08/2006 at 08:09AM DWIGHT B. BROCK, CLBRK
HlC PIB 10.00
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
Retn:
CLBRK TO THB BOARD
INTBROPFICB 4TH FLOOR
BIT 7240
16C 2
Property Folio No. 66882600002
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
OZUNA, ISRAEL=& LETICIA
308 S 8TH ST
IMMOKALEE FL 339340000
The Lien was recorded on the 19th day of September 1994, in Official Record
Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
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PINECREST BLK D LOT 7 OR 1250 PG 1565
Folio No.
PROJECT NO.
Account No.
66882600002
61000
133003
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Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execu!ion and recc;>rding of this
Satisfaction of Lien, by action of the Board this ~'A day of 1V:J1.J-tA1l--b.eiV ,
.
2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COU~T~
By: ~ ~~..-/
FRANK HALAS, CHAIRMAN
\ n.~1! "
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO uL6
p"o, 00 p'"k '''''~~~ ~~~,?~,,~~g~~'~~m~'~~~!'~~,~'?c~~~~ ,e~!'~~~'~~~"~~~~~Og ,Ill' "od "C",3
documents are to be forwarded to the Board Oftice only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. [fthe document is already complete with the
exce tion of the Chairman's si ature, draw a line throu h routin lines #1 throu h #4, co Jete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
2.
3.
5. Sue Filson, Executive Manager
Board of County Commissioners
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bce approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the Bce office only after the BeC has acted to approve the
6. Minutes and Records
Clerk of Court's Office
item.)
Name of Primary Staff Pam Callis Phone Number 403-2359
Contact
Agenda Date Item was November 28,2006 Agenda Item Number 16C3
Approved by the BCC
Type of Document Executive Summary, Resolution and Number of Original 2
Attached Satisfaction of Lien Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on "(enter date) and all changes
made during the meeting have been incorporated III the attached document. The
Count Attorne 's Office has reviewed the chan es, if a lie able.
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4.
5.
6.
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1: Forms/ eounty Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
OR: 4150 PG: 2828 ***
RECORDED in OPPICIAL RECORDS of COLLIER COUN'Y, PL
12/08/2006 at 08:09AM DWIGHT B. BROCK, CLERK
RBC PBE 10,00
J
,L
RESOLUTION NO. 2006- 302
A RESOLUTION APPROVING SATISFACTION OF LIENS
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL
THE 1993 SOLID WASTE COLLECTION AND DISPOSAL
SERVICES SPECIAL ASSESSMENTS
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board
....
of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 g
:0<>
authorizing the recording of notices of liens for the delinquent solid waste collection and
disposal services special assessments for 1993; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to
approve by Resolution and record in the Official Records a Satisfactions of Lien on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the
1993 Service Year Solid Waste Collection and Disposal Special Assessment for the
following accounts numbered below, subsequent to the adoption of Resolution No. 94-694,
whereupon a lien had been recorded on real property pertaining to the accounts identified
herein. The Satisfactions of Lien attached hereto referencing the accounts identified
herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the
Board of County Commissioners, and the Clerk is directed to record this Resolution and
these Satisfactions of Lien individually in the official records of Collier County
Account No.
26152
\
This Resolution adopted this ~ day of /J(YI,;~,-,lx.v', 2006, after motion,
second and majority vote.
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ATTEST:.
DWIGHT E.BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
~~-/
FRANK HALAS, CH AN
I
~6 *** 3942935
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Approved as to form and
legal sufficiency: ~
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Retn:
CLERK '0 'HB BOARD
IN'BROFPICB 4TH FLOOR
EXT 7240
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RBCORDED in OPPICIAL RECORDS of COLLIER COUN'Y, PL
12/08/2006 at 08:09AM DWIGHT E. BROCK, CLBRK
REC PEE 10.00
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Retn:
CLERK '0 'HB BOARD
INTBROPPICB 4TH PLOOR
BIT 7240
Property Folio No. 66882600002
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
OZUNA, ISRAEL=& LETICIA
308 S 8TH ST
IMMOKALEE FL 339340000
The Lien was recorded on the 22nd day of September 1994, in Official Record
Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
Two Hundred Three Dollars and Two Cents ($103.02) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
PINECREST BLK D LOT 7 OR 1250 PG 1565
Folio No.
Project No.
Account No.
66882600002
63000
26152
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and refording of this
Satisfaction of Lien, by action of the Board this .di day of t\;~<1I*"'1l-.b.e.A/2006.
ATTES'f{:r
DWIGHT E.'B OCK, CLERK
~ '
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A..?pr~J~a~ ftYrrn . ,
and legal sufficiency
~~;~
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN~~
By: ~~ ~__
FRANK HALAS, CHA R
16C3
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 t';!
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO L
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. OriglTwl documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Oflke only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infomlation needed. If the document is already complete with the
exc tion of the Chairman's si ature, draw a line thrau h routin lines #1 throu h #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infomlation. All original documents needing the BCC Chaimlan's signature are to be delivered to the BCC office only after the BCC has acted to approve the
2.
3.
item.)
Name of Primary Staff Pam Callis Phone Number 403-2359
Contact
Agenda Date Item was November 28, 2006 Agenda Item Number 16C4
Approved by the BCC
Type of Document Executive Summary, Resolution and Number of Original 2
Attached Satisfaction of Lien Documents Attached
Board of County Commissioners
Yes
(Initial
5. Sue Filson, Executive Manager
6. Minutes and Records
Clerk of Court's Office
ye-
-::pc
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J)C-
1)C-
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1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 8. <:/G:> (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chao es, if a licable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2.
3.
4.
5.
6.
BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~~____
FRANK HALAS, CHAIRMAN
~*** 3942937 OR: 4150 PG: 2830 ***
~ RBCORDBD in OPFICIAL RBCORDS of COLLIBR COUNTY, FL
12/08/2006 at 08:09AM DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
RESOLUTION NO. 2006- 303
16C,,-
,
A RESOLUTION APPROVING SATISFACTION OF LIENS FOR
CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995
SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the
Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236
authorizing the recording of notices of liens for the delinquent solid waste collection and
disposal services special assessments for 1995; and
WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official
Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County,
Florida, which placed a lien on certain properties for the delinquent solid waste collection
and disposal services special assessments for 1995; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board
to approve by Resolution and record in the Official Records a Satisfaction of Liens on all
accounts that have been paid in full.
"\
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995
Service Year Solid Waste Collection and Disposal Special Assessments for the following
accounts numbered below, subsequent to the adoption of Resolution No. 2000-236,
whereupon a lien had been recorded on real property pertaining to the accounts identified
herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein
are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board
of County Commissioners, and the Clerk is directed to record this Resolution and these
Satisfactions of Lien individually in the official records of Collier County:
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fr"David C. eigel
County Attorney
Account No.
14368
26152
This Resolution adopted this ;;< t day of rJln:~/nJu..J 2006, after motion,
second and majority vote.
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Retn:
CLBRK TO THB BOARD
INTBROFPICB 4TH FLOOR
BIT 7240
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RBCORDBD in OPFICIAL RBCORDS of COLLIBR COURTY, FL
12/08/2006 at 08:09AM DWIGHT B. BROCK, CLBRK
RIC PBB 10.00
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Retn:
CLBRK TO THI BOARD
INTBROFFICB 4TH FLOOR
BIT 1240
Property Folio No. 39205581007
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
BENDER, TODD G
975 14TH ST SE
Naples, FL 341179403
The Lien was recorded on the 8th day of August 2000, in Official Record Book
2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
GOLDEN GATE EST UNIT 48 TR 77, LESS N 450FT
Folio No.
Project No.
Account No.
39205581007
65000
14368
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman, directs execution and recording of
this Satisfaction of Lien, by action of the Board this (~'Z day of ~J(""r-lJ-k11L-k/t,./
2006.
ATTEST> "
DWIGHTE. ~O~K, CLERK,
~~~AC
AtteSt. IS ,hQ.~raaA s
,\paU:n ~l'"
Approved as to form
and legal sufficiency
~~
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rD vid . eigel
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN~DA
BY:~';:'-- ~/
FRANK HALAS, CHAIRMAN
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RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL
12/08/2006 at 08:09AM DWIGHT B. BROCK, CLBRK
RBC PBB 10.00
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Retn:
CLBRK TO THB BOARD
INTBROPPICB 4TH PLOOR
BIT 7240
Property Folio No. 66882600002
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
OZUNA, ISRAEL=& LETICIA
358 S 8TH ST
IMMOKALEE FL 341424014
The Lien was recorded on the 8th day of August 2000, in Official Record Book
2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
PINECREST BLK 0 LOT 7 OR 1250 PG 1565
Folio No.
Project No.
Account No.
66882600002
65000
26152
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman, directs execution and recording of
this Satisfaction of Lien, by action of the Board this ,-~2 day of t\1~>1/~~V
2006.
ATIEST:' BOARD OF COUNTY COMMISSIONERS
DVVIG~T E. 8B . C~, C;ERK'1 ~ COLLIER COUNT~A
U/.kAfJa~{/~( By: ~~
$, FRANK HALAS, CHAIRMAN
, ~ ~,~t;#'i ~'.>C,i .,
Approved as to form
and legal sufficiency
~r~
~avid C. eigel
County Attorney
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 r/.'~
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO v' 5
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE .
Print on pink paper. ,\ttach to original documcnt. Original documents should be hand delivered to the Bonrd Office. lhe completcd routing slip and original
documents are to be t{>rwarded to the Board Onicc only after the Board has taken ;]etion on thc itcm.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si ature, draw a line throu h routin lines #1 throu h #4, co lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Initials Date
(List in routin order)
--------
------------
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC o/1iee only after the BCC has acted to approve the
item.)
2.
'-----
Name of Primary Staff Pam Callis Phone Number 403-2359
Contact
Agenda Date Item was November 28, 2006 Agenda Item Number 16C5
Approved by the BCC
Type of Document Executive Summary, Resolution and Number of Original 2
Attached Satisfaction of Lien Documents Attached
'------.
--""--"
3.
---------...
------------
Yes
(Initial)
N/A (Not
A licable)
4.
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5. Sue Filson, Executive Manager
Board of County Commissioners
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
6. Minutes and Records
Clerk of Court's Office
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCe on '8 (:? (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~
FRANK HALAS, CHAIRMAN ~
*** 3942930 OR: 4150 PG: 2823 ***
~ RICORDID in OFFICIAL RICORDS of COLLIIR COUN'Y, FL
~ 12/08/2006 at 08:09AM DWIGHT B. BROCK, CLBRK
RBC FBI 10.00
RESOLUTION NO. 2006- 304
A RESOLUTION APPROVING SATISFACTION OF LIENS FOR
CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996
SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended,
Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237
authorizing the recording of notices of liens for the delinquent solid waste collection and
disposal services special assessments for 1996; and
WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official
Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County,
Florida, which placed a lien on certain properties for the delinquent solid waste collection
and disposal services special assessments for 1996; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board
to approve by Resolution and record in Official Records a Satisfaction of Liens on all
accounts that have been paid in full.
'\
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the
1996 Service Year Solid Waste Collection and Disposal Special Assessments for the
following account numbered below, subsequent to the adoption of Resolution No. 2000-
237, whereupon a lien had been recorded on real property pertaining to the accounts
identified herein. The Satisfactions of Lien attached hereto referencing the accounts
identified herein are hereby approved and the Chairman is hereby authorized to sign on
behalf of the Board of County Commissioners, and the Clerk is directed to record this
Resolution and these Satisfactions of Lien individually in the official records of Collier
County:
Account No. 15891
28590
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This Resolution adopted after this (~~ day of tJD-"'f/}~'l,-l2006 after motion, second and
majority vote.
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ATTEST:
DWIGHT E. (ffi03K. ~LERK
~'-UA~~~
Atte$t".U to Chi 1 Mlan s
ApprovEJ:i _tLJJrferoo sm:L-~
lagaC~ '
tV-David . eigel
County Attorney
BY:
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CLBRK '0 THB BOARD
INTBROFFICB 4'H FLOOR
BXT 7240
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*** 3942931 OR: 4150 PG: 2824 **,
~CORDBD in OFFICIAL RECORDS of COLLIBR COUNTY, FL'
12/08/2006 at 08:09AM DWIGHT B. BROCK, CLBRK
RBC FBE 10.00
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Retn:
CLERK TO THE BOARD
INTEROFFICB 4TH FLOOR
BIT 7240
Property Folio No: 39205581007
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
BENDER, TODD G
975 14TH ST SE
NAPLES FL 341179403
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
GOLDEN GATE EST UNIT 48 TR 77, LESS N 450FT
Folio No.
Project No.
Account No.
39205581007
66000
15891
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
C~unty,. Flori?a, acti~g through. its Chairman dire~ts execution a~d recording pf
thiS Satisfaction of Lien, by action of the Board thiS ~ day of AJ(y\;{2~;t./
2006.
ATTEST:
"
DWIGHT E.t3.~R()()....~~KK" C CL.ERK
~'~llAe~~K
"\ A Uu t u" t4.t:h~l ; 'iiWJ, :;,
, s 1 ~atllf". Ot1 i "
Approved as to form
and legal sufficiency
MC~
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN~IDA
By: -~ ~
FRANK HALAS, CHAIRMAN
16C45
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This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
-~** 3942932 OR: 4150 PG: 2825
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
12/08/2006 at 08:09AM DWIGHT B. BROCK, CLBRK
REC FEB
v
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10.00
Retn:
CLERK TO THB BOARD
INTEROFFICE 4TH FLOOR
BIT 7240
16C5
Property Folio No: 66882600002
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
OZUNA, ISRAEL=& LETICIA
358 S 8TH ST
IMMOKALEE FL 341424014
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
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PINECREST BLK D LOT 7 OR 1250 PG 1565
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Folio No.
Project No.
Account No.
66882600002
66000
28590
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Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
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IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman directs execution ard recording of
this Satisfaction of Lien, by action of the Board this ~<6 day of N'L\j~'YY~.l
2006.
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ATTEST:
DW./GHT E. BR~K, C~ERK
~Y'~.'~~~
!lj., tJn il., " } '1; ". .' .
Appr~vrcr~~lb ~fbrm
and legal sufficiency
. ~
~Z2~
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER C~~IDA
BY:~ ~
FRANK HALAS, CHAIRMAN
16Dl
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's sitmature, draw a line through routinl! lines #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Terri Daniels Human Services Dept. 11/29/06
2. ,
...,
3.
-
4.
-..
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
"
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Terri Daniels Phone Number 732-2689
Contact
Agenda Date Item was November 2S2006 Agenda Item Number 1601
Approved bv the BCC
Type of Document Agreement Number of Original 4
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be wa e of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated i the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
N/A (Not
A licable)
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2.
3.
4.
5.
6.
MEMORANDUM
Date:
December 4, 2006
To:
Terri Daniels, Grants Supervisor
Human Services Department
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Letter of Agreement
Enclosed, please find four (4) original documents as referenced
above (Agenda Item #16D1), approved by the Board of County
Commissioners on Tuesday, November 28, 2006.
After execution please forward a fully executed copy to the
Minutes and Records Department.
If you should have any questions, please call 774-8411.
Thank you.
Enclosures (4)
16D1
161 1
Letter of Agreement
.J THIS LETTER OF AGREEMENT made and entered into in duplicate on the zg<-f'1 day of
~, 2006, by and between Collier County, (the County) and the State of Florida, through its
Agency for Health Care Administration, (the Agency),
1. Per House Bill 5001, the General Appropriations Act of State Fiscal Year 2006-2007, passed
by the 2006 Florida Legislature, County and the Agency, agree that County will remit to the
State an amount not to exceed a grand total of $235,180.
a) The County and the Agency have agreed that these funds will only be used to
increase the provision of health services for the Medicaid, uninsured, and
underinsured people of the County and the State of Florida at large.
b) The increased provision of Medicaid, uninsured, and underinsured funded
health services will be accomplished through the following Medicaid
programs:
1. The Disproportionate Share Hospital (DSH) program.
Il. The removal of inpatient and outpatient reimbursement ceilings for
teaching, specialty and community health education program hospitals,
Ill. The removal of inpatient and outpatient reimbursement ceilings for
hospitals whose charity care and Medicaid days as a percentage of
total adjusted hospital days equals or exceeds 11 percent.
IV. The removal of inpatient and outpatient reimbursement ceilings for
hospitals whose Medicaid days, as a percentage of total hospitals days,
exceed 7.3 percent, and are trauma centers.
v. Increase the annual cap on outpatient services for adults from $500 to
$1,500.
VI. Medicaid Low Income Pool (LIP) payments to rural hospitals, trauma
centers, specialty pediatric hospitals, primary care services and other
Medicaid participating safety-net hospitals.
VIl. Medicaid LIP payments to hospitals in the approved appropriations
categories referenced as LIP 1 , LIP2, and LIP3.
Vlll. Medicaid LIP payments to Federally Qualified Health Centers
IX. Medicaid LIP payments to Provider Access Systems (PAS) for
Medicaid and the uninsured in rural areas.
App_September 5, 2006, 8M.
16Dl
x. Medicaid LIP payments for the expansion of primary care services to
low income, uninsured individuals.
2. The County will pay the State an amount not to exceed the grand total amount of$235,180.
The County will transfer payments to the State in the following manner:
a) The first quarterly payment of$58,795 for the months of July, August, and
September is due upon notification by the Agency.
b) Each successive payment of$58,795 is due no later than, December 31,
2006, March 31, 2007 and June 15,2007.
c) The State will bill the County each quarter payments are due.
3. The anticipated distribution to Collier Health Services, Inc is $561,443.
4. The County and the State agree that the State will maintain necessary records and supporting
documentation applicable to Medicaid, uninsured, and underinsured health services covered
by this Letter of Agreement. Further, the County and State agree that the County shall have
access to these records and the supporting documentation by requesting the same from the
State.
5. The County and the State agree that any modifications to this Letter of Agreement shall be in
the same form, namely the exchange of signed copies of a revised Letter of Agreement.
6. The County confirms that there are no pre-arranged agreements (contractual or otherwise)
between the respective counties, taxing districts, and/or the providers to re-direct any portion
of these aforementioned Medicaid supplemental payments in order to satisfy non-Medicaid,
non-uninsured, and non-underinsured activities.
7. The County agrees the following provision shall be included in any agreements between the
County and local providers where funding is provided for the Medicaid program. Funding
provided in this agreement shall be prioritized so that designated funding shall first be used
to fund the Medicaid program (including LIP) and used secondarily for other purposes.
8. This Letter of Agreement covers the period of July 1, 2006 through June 30, 2007.
App _September 5, 2006, 8M.
lt~n1
WITNESSETH:
IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day
and year above first written.
ATTEST:
DWIGHT E. BROCK, Clerk
COLLIER COUNTY HUMAN SERVICES
BY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~.--,.
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By: --- ~~---
FRANK HALAS, Chairman
. .~{(<tJic
. ~puty Clci"k :
atttst .,. to Chl1raaft ~
11gnltlJr~ !"i/l:"
Appr,oved a~t~fOrm and
legal suffidency
RJI;3/~
Assistant County Attorney
Date: 11128105
AGENCY FOR HEALTH CARE
ADMINISTRA nON
WITNESS:
By:
[Print Name]
CARLTON D. SNIPES, Assistant Deputy
Secretary for Medicaid Finance
Date: 11128las
[Print Name]
App_September 5, 2006, 8M.
nt-
11" ~"".,.,
. r~.',..'('h
" ~!.,d JJ
Local Government Intenwvernmental Transfers
Pro2ram / Amount State Fiscal Year 2006-2007
DSH*
LlP* IRate Exemptions $235,180
Statewide Issues
Total Fundin2 $235,180
*Included in the Low Income Pool (UP) 2 category methodology.
App_September 5,2006, 8M.
ITEM NO.: . lIlt DATE RECEIVED:
'C")! i;\FY F\T\()F~NE\ 16 E 1
FILE NO.: ). u! i "
ROUTED TO: O~ - fl<..c- ooG{J9 200hNO'V 30 p~ 3: 39
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date:
November 28, 2006
From:
Office of the County Attorney
Attention: Robert Zachary/Colleen M. Green
Linda Jackson, Contract Specialist t
Purchasing Department, Extension 899
Support Services Division
To:
Re: Review of Insurance for Contract No. 06-4054, "On Call Software
Development Service"
Awardees:
Idea Integration Corp.
Latitude Geographies, Ltd.
SkillStorm, Inc.
BACKGROUND OF REQUEST:
The Contract(s) was approved by the BCC on November 28, 2006; Agenda
Item ( 16 )( E)( 1 ).
This item has not been previously submitted.
ACTION REQUESTED:
Please review for Legal Sufficiency. After signature, please forward to
the BCe for final execution.
OTHER COMMENTS:
Thank you. . J/~ ~ .~ ~~@
1{)/I/trb-tR~ 310- ~
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I-z,....... (
16E1
MEMORANDUM
DATE:
Jeff Walker
Risk Management Department
Linda Jackson Best, Contract Specialist. JJ:f1
Purchasing Department ,-:7 U
November 28, 2006
TO:
FROM:
RE: Review of Insurance for Contract No. 06-4054, "On Call Software
Development Service"
Awardees:
Idea Integration Corp.
Latitude Geographies, Ltd.
SkillStorm, Inc.
The Contract(s) was approved by the BCC on November 28, 2006; Agenda
Item ( 16 )(E )( 1 ).
Please review the Insurance Certificate in this Agreement for the
above-referenced contract. If everything is acceptable, please forward to the
County Attorney for further review and approval. Please advise me when it
has been forwarded.
If~~~ion~~e ~ct me at ext~9;r ~ "-
~~ NI.s~ (-r~/
Thank you. /- :cft6~'- ~
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16E~1
MEMORANDUM
Date:
December 4, 2006
To:
Linda Jackson, Contract Specialist
Purchasing Department
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Contract No. 06-4054 "On Call Software Development
Service":
Idea Integration Corp.,
Latitude Geographies, L TD,
And Skillstorm, Inc.
Enclosed please find three (3) original documents of each contract, as
referenced above, (Agenda Item #16El) approved by the Board of
County Commissioners on Tuesday, November 28, 2006.
Please forward the documents to the appropriate parties for their records.
The Finance Department and the Minutes & Records Department have
also retained an original..
If you should have any questions, please contact me at 774-8411.
Thank you.
Enclosures (9)
for
16E1
......
A G R E E MEN T No. 06-4054
"On Call Software Development Service"
THIS AGREEMENT, made and entered into on this 28th day of November 2006, by and between
SkillStorm, Inc. authorized to do business in the State of Florida, whose business address is 10105
Pacific Heights Boulevard, Suite 130, San Diego, CA 92121 hereinafter called the "Consultant" and
Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter
called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. The Consultant shall commence the work following execution of this
Agreement and upon issuance of a Purchase Order for on call software development services
approved in advance by the County Information Technology (IT) Director or his designee as
specified in Section 2, "Statement of Work".
The contract shall be for a two (2) year period, commencing on December 1, 2006, and
terminating on November 30,2008.
The County may, at its discretion and with the consent of the Consultant, extend the Agreement
under all of the terms and conditions contained in this Agreement for two (2) additional one (1)
year periods. The County shall give the Consultant written notice of the County's intention to
extend the Agreement term not less than ten (10) days prior to the end of the Agreement term
then in effect.
2. STATEMENT OF WORK. The Consultant shall provide on call software development
services as needed, in accordance with the terms and conditions of RFP #06-4054 and the
Consultant's proposal hereto attached and made an integral part of this agreement.
Additional services may be added to this contract upon satisfactory negotiation of price by the
Contract Manager and Consultant.
3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of this
Agreement in accordance with Exhibit A, Hourly Rate Schedule, hereto attached and made an
integral part of this agreement. Payments shall be made to the Consultant not more frequently
than once per month.
Payment will be made upon receipt of a proper invoice and in compliance with Section
218.70 F.5. otherwise known as the "Florida Prompt Payment Act".
Travel expenses shall be reimbursed at the rates as per Section 112.061 Fla. Stats.
Reimbursements shall be at the following rates:
Milea e
Breakfast
Lunch
Dinner
Per Diem
Airfare
Rental car
Lad in
Parkin
Taxi or Air art Limousine
er mile
l6i:l
.Reimbursable items other than travel expenses shall be limited to the following: telephone
long-distance charges, fax charges, photocopying charges and postage. Reimbursables will be
paid only after Consultant has provided all receipts. Consultant shall be responsible for all
other costs and expenses associated with activities and solicitations undertaken pursuant to this
Agreement.
4. NOTICES. All notices from the County to the Consultant shall be deemed duly served if
mailed or faxed to the Consultant at the following Address:
SkillStorm, Inc.
12016th Avenue West, Suite 515
Bradenton,FL 34205
Attention: Mr. Jason Lipton
FAX: 941.708.8904
All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed
to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell
FAX: 239.732.0844
The Consultant and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in
writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Consultant or to constitute the Consultant as an agent
of the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary
for the prosecution of the Work shall be obtained by the Consultant. Payment for all such
permits issued by the County shall be processed internally by the County. All non-County
permits necessary for the prosecution of the Work shall be procured and paid for by the
Consultant. The Consultant shall also be solely responsible for payment of any and all taxes
levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations
and laws of Collier County, the State of Florida, or the U. S. Government now in force or
hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility
of an employer with respect to persons employed by the Consultant.
7. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in
any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or
for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or
regulation, or of any governmental rule or regulation now in effect or hereafter enacted or
adopted. In the event of such violation by the Consultant or if the County or its authorized
representative shall deem any conduct on the part of the Consultant to be objectionable or
improper, the County shall have the right to suspend the contract of the Consultant. Should the
Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the
County within twenty-four (24) hours after receiving notice of such violation, conduct, or
practice, such suspension to continue until the violation is cured. The Consultant further agrees
not to commence operation during the suspension period until the violation has been corrected
to the satisfaction of the County.
16E1
< 8. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual shall
offer or give, either directly or indirectly, any favor, gift loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part IIt Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this
provision may result in one or more of the following consequences: a. Prohibition by the
individuat firm, and/ or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/ or firm from doing business with the
County for a specified period of time, including but not limited to: submitting bids, RFP,
and/ or quotes; and, c. immediate termination of any contract held by the individual and/ or
firm for cause.
~ .-......
9. TERMINATION. Should the Consultant be found to have failed to perform his services in a
manner satisfactory to the County as per this Agreement the County may terminate said
agreement immediately for cause; further the County may terminate this Agreement for
convenience with a seven (7) day written notice. The County shall be sole judge of
non-performance.
10. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to
race, sex, color, creed or national origin.
11. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have rrurumum limits of
$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and
Property Damage Liability. This shall include Premises and Operations; Independent
Consultants; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $1,000,000 for
each accident.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability Policy.
Current valid insurance policies meeting the requirement herein identified shall be
maintained by Consultant during the duration of this Agreement. Renewal certificates
shall be sent to the County thirty (30) days prior to any expiration date. There shall be a
thirty (30) day notification to the County in the event of cancellation or modification of
any stipulated insurance coverage.
Consultant shall insure that all subConsultants comply with the same insurance
requirements that he is required to meet. The same Consultant shall provide County with
certificates of insurance meeting the required insurance provisions.
0,
12.
INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of Consultant or anyone employed or utilized by the Consultant in the
performance of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph.
....-..'0:'...
,
This section does not pertain to any incident arising from the sole negligence of Collier County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Information Technology Deparhnent.
14. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and shall
acquire no interest, either direct or indirect, which would conflict in any manner with the
performance of services required hereunder. Consultant further represents that no persons
having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out verbatim:
Exhibit A, Hourly Rate Schedule; Insurance Certificate; RFP #06-4054, "On Call Software
Development Service"; and the Consultant's Proposal.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the
parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. VENUE. This agreement shall be construed in compliance with Florida Laws. Venue
shall be in Collier County, Florida.
.,
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Agenda
['ole
Dilte
Rec'd
Professional
EXHIBIT A
HOURLY RATE SCHEDULE
1 tJ
1
Contract 06-4054
JJ On Call Software Development Services"
SkillStorm, Inc.
Applications Development
Director, Systems and Programming
Manager, Applications Development
Applications Architect
Systems Analyst
Applications Development Analyst
Data Strategy and Management
Database Manager
Data Security Specialist
Database Analyst
Data Architect
Data Modeler
Hourly Rate
2.Manager 153,75
3.Sr,Manager 187.50
4,Executive 248.47
1.Team Leader 122.92
2.Manager 142,78
3,Sr.Manager 144.58
4.Executive 215.00
B.lntermediate 102.08
C.Advanced 108.33
D.Expert 120.28
A Entry 62.08
B.lntermediate 94.03
C.Advanced 100.14
D.Expert 118.19
AEntry 67.08
B.lntermediate 84.86
C.Advanced 96.39
D.Expert 108.33
2.Manager 138.61
3,Sr.Manager 146.39
A Entry 68.33
B,lntermediate 112,64
C.Advanced 130.28
D.Expert 135.97
AEntry 88.61
B.lntermediate 1 04,31
C.Advanced 117,36
D,Expert 130.69
B.l ntermediate 97.22
C.Advanced 121.25
D.Expert 131,67
B.lntermediate 99.44
C.Advanced 120.42
.,! ---'41
Database Administrator
A Entry 69.03
B.lntermediate 96.25
C.Advanced 107.36
D.Expert 123.19
Quality Assurance
Manager, Quality Assurance
1.Team Leader 94.86
2.Manager 115.56
3.Sr.Manager 136.53
4.Executive 171.67
Quality Assurance Analyst
A Entry 59.72
B.lntermediate 71.39
C.Advanced 86.94
D. Expert 93.89
Technology Research
Manager, Technology Research
2.Manager 127.78
Technology Research Analyst
B.lntermediate 98.33
C.Advanced 115.83
D.Expert 133.19
Client Technologies
Manager, Client Technologies
1.Team Leader 84.03
2.Manager 117.36
3.Sr.Manager 162.22
Client Technologies Analyst
AEntry 57.78
B.I ntermediate 75.42
C.Advanced 90.28
D.Expert 109.31
Client Technologies Technician
AEntry 58.89
B.lntermediate 64.86
C.Advanced 99.03
Customer Support
Manager, Customer Support
1.Team Leader 77.78
2.Manager 107.50
3.Sr.Manager 146.67
Customer Support Analyst
A Entry 50.42
B.I ntermediate 62.36
C.Advanced 105.00
D.Expert 142.36
Customer Support Technician
A Entry 52.64
B.lntermediate 56.39
C.Advanced 73.06
Network Management 16 .;el
j
Director, Network Operations ~l
II..~
2.Manager 101.25
3.Sr.Manager 164.72
Manager, Network Operations
1.Team Leader 85.28
2.Manager 126.53
3.Sr.Manager 165.97
Network Architect
B.lntermediate 96.81
C.Advanced 103.4 7
D.Expert 120.83
Network Engineer
B.lntermediate 113.47
C.Advanced 122.08
D.Expert 133.19
Network Analyst
AEntry 79.17
B.I ntermediate 88.06
C.Advanced 105.42
D.Expert 138.75
Network Administrator
A Entry 64.03
B.lntermediate 77.22
C.Advanced 94.17
D. Expert 111.53
Network Technician
AEntry 64.31
B.lntermediate 77.64
C.Advanced 79.17
D.Expert 88.06
Network Security Specialist
B.lntermediate 98.89
C.Advanced 105.56
Internet Planning, Engineeing and
Operations
Manager, Internet Operations
1.Team Leader 110.28
2. Manager 131.39
3.Sr.Manager 166.25
Internet/Web Architect
B.lntermediate 90.28
C.Advanced 115.56
D.Expert 127.78
Webmaster
B.lntermediate 72.08
C.Advanced 98.61
Web Applications Programmer
AEntry 65.97
B.lntermediate 97.36
C.Advanced 111.94
D.Expert 130.56
Internet/Web Engineer ~ 1
B.lntermediate 94.44 1 i_
C.Advanced 113.89
Internet/Web Systems Administrator
B.lntermediate 105.14
C.Advanced 125.28
Web Customer Support Specialist
AEntry 56.39
B.lntermediate 65.56
Web Designer
B.I ntermediate 73.33
C.Advanced 121.39
Web Security Specialist 140.28
Operations
Director, Data Center Operations
162.92
Manager, Computer Operations
1.Team Leader 80.83
2.Manager 111.39
3.Sr.Manager 161.11
Supervisor, Computer Operations
1.Team Leader 78.19
2.Manager 91.81
Computer Operator
A Entry 46.53
B.lntermediate 49.58
C.Advanced 55.97
D.Expert 65.00
Manager, Capacity Planning 135.83
Manager, Production Support
1 . Team Leader 94.86
2.Manager 119.72
Production Support Analyst
A Entry 55.28
B.lntermediate 65.14
C.Advanced 85.69
D.Expert 91.81
Telecommunications
Manager, Telecommunication Operations
1.Team Leader 93.4 7
2.Manager 125.56
3. Sr. Manager 149.86
Telecommunication Engineer
A Entry 53.47
B.lntermediate 78.75
C.Advanced 95.83
D.Expert 123.47
Telecommunication Technician
AEntry 54.17
B.lntermediate 62.36
C.Advanced 73.06
Electronic Commerce 1 1
Director, Electronic Commerce 198.89
Manager, Electronic Commerce 140.56
Electronic Commerce Analyst
B.lntermediate 72.08
C.Advanced 99.58
EDI Specialist
B.lntermediate 96.11
C.Advanced 100.42
Business Intelligence Systems
Management
Director, Data Warehouse
2.Manager 160.83
3. Sr. Manager 201.67
Manager, Data Warehouse 141.53
Data Warehouse Analyst
B.lntermediate 95.14
C.Advanced 116.25
D.Expert 123.06
Data Warehouse Administrator 106.94
Manager, Decision Support 162.08
Decision Support Specialist
B.lntermediate 89.31
C.Advanced 102.92
D. Expert 118.33
Decision Support Administrator
A. Entry 70.83
B.lntermediate 86.25
Knowledge Engineer 142.36
Enterprise Resource Planning (ERP)
ERP Configurer
B.I ntermediate 78.75
ERP Programmer/Analyst
B.I ntermediate 86.81
C.Advanced 105.28
D.Expert 122.36
Vendor Relationship Management
Manager, Vendor Relationships
2.Manager 134.86
3.Sr.Manager 183.33
Manager, Outsourcing Contracts 116.39
Contracts Manager 99.72
SeNice Manager 78.19
Finance/Administration Specialist
A. Entry 63.75
C.Advanced 1 04.72
Administration 16[1
Asset Manager 114.72
Asset Management Administrator
A Entry 60.69
B.lntermediate 68.06
C.Advanced 73.75
Manager, HR/IT Staffing 122.50
Technical Recruiter
A Entry 58.33
B.lntermediate 79.17
C.Advanced 116.67
HR/IT Generalist
B.lntermediate 65.56
C.Advanced 94.44
Resource Manager 123.75
Documentation SpecialistlTechnical
Writer
A Entry 60.69
B.lntermediate 72.92
C.Advanced 89.17
Manager, IT Audit 135.00
IT Auditor 101.39
Training
Manager, Technical Training
1.Team Leader 86.39
2.Manager 104.17
3.Sr.Manager 145.14
Technical Trainer
A Entry 58.33
B.lntermediate 63.89
C.Advanced 78.47
Security/Business Continuance
D.Expert 89.31
Security Manager
2. Manager 131.25
3.Sr.Manager 159.17
Security Analyst
AEntry 59.03
B.lntermediate 77.08
C.Advanced 98.61
D.Expert 110.56
Manager, Business Continuance 140.83
Business Continuance Specialist
B.lntermediate 76.39
C.Advanced 112.36
Manager, Product Development
2.Manager 135.28
3.Sr.Manager 178.61
Product Architect 159.72
Product Engineer 16f~1
B.lntermediate 102.22
C.Advanced 136.81
D.Expert 169.44
Product Developer
C.Advanced 111.25
D.Expert 127.78
Systems Programming and
Administration
Manager, Systems Software
1.Team Leader 109.03
2.Manager 126.39
3.Sr.Manager 159.44
Systems Architect
B.lntermediate 80.69
C.Advanced 116.53
D.Expert 137.08
Systems Software Programmer
AEntry 72.22
B.lntermediate 90.28
C.Advanced 110.14
D.Expert 122.22
Groupware Specialist
AEntry 75.83
B.I ntermediate 96.53
C.Advanced 103.61
Systems Administrator
A Entry 65.00
B.lntermediate 76.81
C.Advanced 99.17
D.Expert 111.11
Systems Security Specialist 79.31
Business Analysis and Planning
Manager, IT Business Planning
2.Manager 143.89
3.Sr.Manager 145.83
Business Process Consultant
B.I ntermed iate 79.58
C.Advanced 104.03
D.Expert 130.69
Business Analyst
A Entry 51.53
B.lntermediate 79.86
C.Advanced 91.11
D.Expert 93.06
IT Business Consultant
B.I ntermediate 94.86
C.Advanced 98.61
D.Expert 125.14
Enterprise Architect 156.25
Manager, Customer Relations 150.97
Release Management
Configuration Management Analyst
B.lntermediate 75.14
C.Advanced 76.39
Release/Build Engineer 68.75
.. _.__'__H~'._..._._~".. __W~_'_'~______,b'_M____'.'.'_
1
Program Management
Program Manager
2.Manager 127.92
3.Sr.Manager 153,19
4,Executive 186.25
Project Manager
1.Team Leader 107.08
2.Manager 120,28
3.Sr.Manager 124.86
4. Executive 155.28
Project Leader
AEntry 63.19
B./ntermediate 104.44
C.Advanced 113.89
D,Expert 117.92
Customer Service Hotline
Manager, Customer Service Hotline 105.69
Customer Service Hotline Representative
A Entry 55.56
B.lntermediate 60.97
C.Advanced 76,94
Technical Product Support
Manager, Technical Product Support
2.Manager 114.72
3,Sr.Manager 131 ,94
Technical Product Support Analyst 84.44
Technical Product Support Specialist
A Entry 48.89
B.lntermediate 65.83
C.Advanced 83.06
, / r'"
MARSH __ I' 1 ,..
CERTIFICATE OF INSURANCE CERTIFI
LOS-000538396-01
PRODUCER THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION ONLY AND CONFERS
Marsh Risk & Insurance Services NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
4445 Eastgate Mall, Suite 300 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
San Diego, CA 92121-1979 AFFORDED BY THE POLICIES DESCRIBED HEREIN.
Ph 858-552-4200 Fax (4299) COMPANIES AFFORDING COVERAGE
COMPANY
51271-GAWPR-06107 A St. Paul Travelers
INSURED COMPANY
Skillstonn, Inc. B Darwin Select Insurance Company
10105 Pacific Heights BIIId., Suite 130 COMPANY
San Diego, CA 92121
C
_.
COMPANY
I 0
COVERAGES This certificate supersedes and replaces any prelliously issued certificate for the policy period noted below. 2
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DDlYYI DATE (MMlDDIYY)
A GENERAL LIABILITY TE061 02946 109/25/06 09/25/07 GENERAL AGGREGATE $ 2,000,000
-
X COMMERCIAL GENERAl LIABILITY I PRODUCTS - COMP/OP AGG $ 2,000,000
- ~ CLAIMS MADE ~ OCCUR I
- PERSONAL & ADV INJURY $ 1,000,000
I OWNER'S & CONTRACTOR'S PROT ~.OCCURRENCE $ 1,000,000
'-
I .J'IRE DAMAGE (Anyone fire) $ 1,000,000
MED EXP (Anv one person' i$ 10,000
A AUTOMOBILE LIAIlILITY TE061 02946 09/25/06 09/25/07 i$ 1,000,000
- COMBINED SINGLE LIMIT
- ' ANY AUTO
- AlL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
-
X HIRED AUTOS BODILY INJURY $
- (Per accident)
X NON-OWNED AUTOS
- '---.
I
- I PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCiDENT $
-
- ANY AUTO OTHER THAN AUTO ONLY:
- EACH ACCIDENT $
AGGREGATE $
EXCESS LIAIIILITY EACH OCCURRENCE $
---
R UMBRELLA FORM AGGREGATE $
! OTHER THAN UMBRELLA FORM $
A WORKERS COMPENSATION AND HE-UB-7665C15-8-06 10/09/06 10/09/07 X I T~~~m.ms I I u~~-
EMPLOYERS' LIABILITY
EL EACH ACCIDENT $ 1,000,000
THE PROPRIETORI ~INCL EL DISEASE-POLICY LIMIT $ 1,000,000
PARTNERS~XECUT1VE $ 1,000,000
OFFICERS ARE: EXCL , EL DISEASE-EACH EMPLOYEE
I OTHER
B PROFESSIONAL LIABILITY 10303-4224 :07/26/06 07/26/07 AGG. 1,000,000
OCC. 1,000,000
i DEDUCTIBLE 10000
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS
Collier County Government is included as additional insured (except Wor1<ers Compensation and Professional Liability) where required by written contract and
allowed by law.
-If !}&,.-J/1)'f
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE POLICIES DESCRlBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE Will ENDEAVOR TO MAIL .--3Q. DAYS WRITTEN NOTICE TO THE
Collier County Government CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
06-4054 Software Development Service
3301 E Tamiami Trail L1ABlLfTY Of ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE
Naples, FL 34112 ISSUER OF THIS CERTIFICATE
MARSH USA INC.
BY: Alejandrina M. Smith ~~'-In~
MM1(3f02) VALID AS OF: 11/01/06
1
A G R E EM E N T No. 06-4054
16f1
for
"On Call Software Development Service"
THIS AGREEMENT, made and entered into on this 28th day of November 2006, by and between
Latitude Geographics Group, Ltd. authorized to do business in the State of Florida, whose business
address is 204 Market Square, Victoria, BC, V8W 3C6, Canada hereinafter called the "Consultant" and
Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter
called the II County II :
WIT N E SSE T H:
1. COMMENCEMENT. The Consultant shall commence the work following execution of this
Agreement and upon issuance of a Purchase Order for on call software development services
approved in advance by the County Information Technology (IT) Director or his designee as
specified in Section 2, "Statement of Work".
The contract shall be for a two (2) year period, commencing on December 1, 2006, and
terminating on November 30,2008.
The County may, at its discretion and with the consent of the Consultant, extend the Agreement
under all of the terms and conditions contained in this Agreement for two (2) additional one (1)
year periods. The County shall give the Consultant written notice of the County's intention to
extend the Agreement term not less than ten (10) days prior to the end of the Agreement term
then in effect.
2. STATEMENT OF WORK. The Consultant shall provide on call software development
services as needed, in accordance with the terms and conditions of RFP #06-4054 and the
Consultant's proposal hereto attached and made an integral part of this agreement.
Additional services may be added to this contract upon satisfactory negotiation of price by the
Contract Manager and Consultant.
3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of this
Agreement in accordance with Exhibit A, Hourly Rate Schedule, hereto attached and made an
integral part of this agreement. Payments shall be made to the Consultant not more frequently
than once per month.
Payment will be made upon receipt of a proper invoice and in compliance with Section
218.70 F.5.otherwise known as the "Florida Prompt Payment Act".
Travel expenses shall be reimbursed at the rates as per Section 112.061 Fla. Stats.
Reimbursements shall be at the following rates:
Milea e
Breakfast
Lunch
Dinner
Per Diem
Airfare
Rental car
Lod .
Parking
Taxi or Air art Limousine
er mile
16L.l
Reimbursable items other than travel expenses shall be limited to the following: telephone
long-distance charges, fax charges, photocopying charges and postage. Reimbursables will be
paid only after Consultant has provided all receipts. Consultant shall be responsible for all
other costs and expenses associated with activities and solicitations undertaken pursuant to this
Agreement.
4. NOTICES. All notices from the County to the Consultant shall be deemed duly served if
mailed or faxed to the Consultant at the following Address:
Latitude Geographics Group, Ltd.
204 Market Square
Victoria, BC V8W 3C6, Canada
Attention: Mr. Darin Herle
FAX: 250.381.8132
All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed
to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell
FAX: 239.732.0844
The Consultant and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in
writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Consultant or to constitute the Consultant as an agent
of the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary
for the prosecution of the Work shall be obtained by the Consultant. Payment for all such
permits issued by the County shall be processed internally by the County. All non-County
permits necessary for the prosecution of the Work shall be procured and paid for by the
Consultant. The Consultant shall also be solely responsible for payment of any and all taxes
levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations
and laws of Collier County, the State of Florida, or the U. S. Government now in force or
hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility
of an employer with respect to persons employed by the Consultant.
7. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in
any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or
for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or
regulation, or of any governmental rule or regulation now in effect or hereafter enacted or
adopted. In the event of such violation by the Consultant or if the County or its authorized
representative shall deem any conduct on the part of the Consultant to be objectionable or
improper, the County shall have the right to suspend the contract of the Consultant. Should the
Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the
County within twenty-four (24) hours after receiving notice of such violation, conduct, or
practice, such suspension to continue until the violation is cured. The Consultant further agrees
not to commence operation during the suspension period until the violation has been corrected
to the satisfaction of the County.
16
1
-..,
8. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this
provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/ or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/ or firm from doing business with the
County for a specified period of time, including but not limited to: submitting bids, RFP,
and/ or quotes; and, c. immediate termination of any contract held by the individual and/ or
firm for cause.
9. TERMINATION. Should the Consultant be found to have failed to perform his services in a
manner satisfactory to the County as per this Agreement, the County may terminate said
agreement immediately for cause; further the County may terminate this Agreement for
convenience with a seven (7) day written notice. The County shall be sole judge of
non-performance.
10. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to
race, sex, color, creed or national origin.
11. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have nummum limits of
$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and
Property Damage Liability. This shall include Premises and Operations; Independent
Consultants; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $1,000,000 for
each accident.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Consultant during the duration of this Agreement. Renewal certificates
shall be sent to the County thirty (30) days prior to any expiration date. There shall be a
thirty (30) day notification to the County in the event of cancellation or modification of
any stipulated insurance coverage.
Consultant shall insure that all subConsultants comply with the same insurance
requirements that he is required to meet. The same Consultant shall provide County with
certificates of insurance meeting the required insurance provisions.
12.
.." [
1 ";, r"l
INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant ~alf:
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of Consultant or anyone employed or utilized by the Consultant in the
performance of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Information Technology Department.
14. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and shall
acquire no interest, either direct or indirect, which would conflict in any manner with the
performance of services required hereunder. Consultant further represents that no persons
having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out verbatim:
Exhibit A, Hourly Rate Schedule; Insurance Certificate; RFP #06-4054, "On Call Software
Development Service"; and the Consultant's Proposal.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the
parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. VENUE. This agreement shall be construed in compliance with Florida Laws. Venue
shall be in Collier County, Florida.
16t:1
IN WITNESS WHEREOF, lht' CHlsull,ml .'llld lht' Counlv, ".In' t'al'll, ft'slWdivt'lv, bv all .llllhori/l,l"
pl'rs/;n Ill' .lgl'nl, )wH'undl'r "d tlwir h.lI1d" ,1I1d "(',11,, lln the d.\II' .1Ilt! VI',H lir"il dbo\'(' wrilll'n.
XTTFST:
Dwigl ~r~tE;:;;fsc
[).Il('d: L2:jt..\..lqip
Atl!~~..).n . ~>; Chl,\ 1 MLIln OS
BOARD OF (,( It NTY COt\lMISSION!OI6
(l )11(1'I~ (< H '\'11'. FL< )RIDA
B\~'>~~
FLink I 1.11.1", .~
. )i.4J.~~
F I r"(\~' i l l1l'SS
Hv
I .Iltude !#'Phic' Group, LId.
Jf/I
-; / ~----
? ~,>",,,,'un'
if
'J
-; i q~j ,Ji". ~H" o,,~ ! ;':1
11 dac.."fP aJX '"
1\ plI.f"9't11. w lu.t[.ss n.1 nw
/' If
./ .' /' / ~~~/ .'::~~::-~--.,.....,
/ S\'I'ollditlll'S" .
STEVEN MYHILL-JONES
Preatdent & CEO
fvpl'd o,lgn,llurl' d1ltJ 1I11t.
/11-' ~Z;:;.. .
/ T ,,' (~/,//? l_ (,._
Jrvc')V
I 'pt'/ pl'lnl witness nanw
<\ppn IVl'd ,1" 10 fllrm .Intl
11.)\,,1 "utfitit'nl , :
Tvpe/ print 11.11111'
Item # tIP t:: (
;~f;da Il/LB 4
EXHIBIT A
HOURL y RATE SCHEDULE
16F 1
Contract 06-4054
"On Call Software Development Services"
Latitude Geographics Group, Ltd.
Professional
Hourly Rate
Business Analysis (Senior Consultant/Principal)
$165.00
Business Analysis
$145.00
Programming/ Application Development/Databases
$145.00
Internet Cartography/Senior GIS
$115.00
Project Management
$ 95.00
GIS Data Services
$ 75.00
Graphic Design/Webmaster
$ 65.00
Administration Support
$ 45.00
WORKING TO MAKE A DIFFERENCE
Assessment Department
Mailing Address
PO Box 5350
Station Terminal
Vancouver BC V6B 5L5
Location
6951 Westminster Highway
Richmond BC
V7C lC6
www.worksafebc.com
Clearance Section
Telephone 604 2446180
Toll Free within Canada
1 888 922 2768
Fax 604 244 632 f\
'\!>..,.,'.
J
_SAFEBCI
Latitude Geographies Group Ltd.
204 Market Square
VICTORIA, BC V8W 3C6
November 02, 2006
Person/Business: LATITUDE GEOGRAPHICS GROUP LTD
643840 AQ (020)
We confirm that the above-mentioned account is currently active and in good standing.
This firm has had continuous coverage with us since January 14, 2000 and has satisfied
assessment remittance requirements to October 01,2006.
The next payment that will affect this firm's clearance status is due on January 20, 2007.
This information is only provided for the purposes of Section 51 of the Workers Compensation Act,
which indicates that a person using a contractor or subcontractor to perform work may be
responsible for unpaid assessments of the contractor or subcontractor.
Employer Service Centre
Assessment Department
Clearance Reference # : C124498223
CLRAIA-5
Now you can report payroll and pay premiums online.
Visit www.worksafebc.com
Please refer to your account number in your correspondence or when contacting the Assessment Department.
To alter this document constitutes fraud.
-1-
1
1
South Western Insurance Group
1001 Champlain Avenue, Suite 203
Burlington, Ontario L 7L 5Z4
THIS IS TO CERTIFY TO:
Contract No. 06-4054
On Call Software and Development Service
Collier County Government
3301 E. Tamiami Trail
Naples, Florida 34112
THAT POLICIES OF INSURANCE AS HEREIN DESCRIBED HAVE BEEN ISSUED TO THE INSURED
NAMED BELOW AND ARE IN FORCE AT THIS DATE: November 2, 2006
THE INSURER(S):
NAME OF INSURED:
NON- MARINE UNDERWRITERS AT LLOYD'S 100%
LATITUDE GEOGRAPHIeS GROUP LTD.
ADDRESS OF INSURED
204 MARKET SQUARE
VICTORIA, BRITISH COLUMBIA
V8W 3C6
KIND OF POLICY:
PROFESSIONAL LIABILITY
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER:
NH1890
CGL1890
POLICY PERIOD:
JULY 04, 2006 TO JULY 04, 2007
$1,5001000,00 (CDN) Per Claim
$1,500,000,00 (CDN) Aggregate Amount Payable
LIMITS OF LIABILITY:
(Professional Liability)
LIMITS OF LIABILITY: $1,500,000.00 (CDN) Per Claim
(Commercial General Liability)$1,500,000.00 (CDN) Aggregate Amount Payable
including $1,500,000 (CDN) Non-Owned Auto
NOTE: The insurance afforded is subject to the terms~ conditions and exclusions of the
applicable policy. This Certificate is issued as a matter of information only and confers no rights
on the holder and imposes no liability on the Insurer.
November 2. 2006
~b()~
!
AUTHORIZED AGENT
PROFESSIONAL LIABILITY, UNDERWRITER
DATE
Pl B PRATT LAMBERT & BROWN INSURANCE
~__~~!.~~ A DMSION OF KENMAR INSURANCE SERVICES LTD.
5622 -72 STREET EDMONTON, ALBERTA T68 3J4
PHONE: 780-468-3441 FAX: 780-466-0924
October 26, 2006
Latitude Geographies Group
Ltd.
204 Market Square
Victoria, BC V8W 3C6
Attention: Steven Myhill-Jones
Deal' Ste'Ven;
Re: PROFESSIONAL LIABll..ITY # NH1890
Please find the attached Endorsement No.8, adding Collier County as a certificate holder
effective October 2, 2006.
Please call if there are questions or if we can be of further service.
Sincerely,
~
====--
~=-----...
~
Susan Husak
Commercial Lines Manager
SHIfl
E.&O.E.
COMMERCIAL
LIFE
HOMEOWNERS
AUTOMOBILE
1
ENDORSEMENT NO.8
Attaching to and forming part of Policy No.: NH 1890
in the name of: Latitude Geographies Group Ltd.
It is agreed that in the event that the Insurers cancel this policy, Insurers undertake to
give Thirty (30) days written notice of such cancellation to:
Collier County
Board of County Commissioners
3301 Tamiami Trail East
Naples, Florida
USA 34112
EFFECTIVE: October 02, 2006
All other terms and conditions of the Document remaining unchanged.
EXPIRING: Julv 04. 2007
Dated at Burlington, Ontario October 18, 2006
LBA 008
16 1
South Western Insurance Group
1001 Champlain Avenue, Suite 203
Burlington, Ontario L 7L 5Z4
CERTIFICATE OF INSURANCE
THIS IS TO CERTIFY TO:
COLLIER COUNTY GOVERNMENT
BOARD OF COUNTY COMMISSIONERS
CONTRACT NO. 06-4054
ON CALL SOFTWARE DEVELEOPMENT SERVICE
3301 TAMIAMI TRAIL
NAPLES, FLORIDA
USA34Il2
*Collier County Government is added to the CGL policy as an additional insured solely for their
vicarious liability.
THA T POLICIES OF INSURANCE AS HEREIN DESCRIBED HAVE BEEN ISSUED TO THE
INSURED NAMED BELOW AND ARE IN FORCE AT THIS DATE: NOVEMBER 8, 2006.
THE INSURER(S):
NON- MARINE UNDERWRITERS AT LLOYD'S 100%
NAME OF INSURED:
LA TITUDE GEOGRAPHICS GROUP LTD.
ADDRESS OF INSURED
204 MARKET SQUARE
VICTORIA, BRITISH COLUMBIA
V8W 3C6
KIND OF POLICY:
PROFESSIONAL LIABILITY
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER:
NH 1890
CGLl890
POLICY PERIOD:
JULY 04, 2006 TO JULY 04, 2007
LIMITS OF LIABILITY:
(Commercial General Liability)
$1,000,000.00 (CON) Per Claim
$1,000,000.00 (CON) Aggregate Amount Payable
including $500,000 (CON) Non-Owned Auto
NOTE: The insurance afforded is subject to the terms, conditions and exclusions of the applicable policy.
This Certificate is issued as a matter of information only and confers no rights on the holder and
imposes no liability on the Insurer. The Insurer will endeavor to mail to the holder of this Certificate
THIRTY (30) days written notice of cancellation of this policy but assumes no responsibility for
failure to do so.
NOVEMBER 8, 2006
DATE
Per:
AUTHORIZED AGENT
PROFESSIONAL LIABILITY UNDERWRITER
A G R E E MEN T No. 06-4054
1. 6.c ...:.'-1...
,.,-.",~ '
:il....
for
liOn Call Software Development Service"
THIS AGREEMENT, made and entered into on this 28th day of November 2006, by and between
Idea Integration, Corp., authorized to do business in the State of Florida, whose business address is 1
Independent Drive, Jacksonville, FL 32202 hereinafter called the "Consultant" and Collier County, a
political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. The Consultant shall commence the work following execution of this
Agreement and upon issuance of a Purchase Order for on call software development services
approved in advance by the County Information Technology (IT) Director or his designee as
specified in Section 2, "Statement of Work".
The contract shall be for a two (2) year period, commencing on December 1, 2006, and
terminating on November 30, 2008.
The County may, at its discretion and with the consent of the Consultant, extend the Agreement
under all of the terms and conditions contained in this Agreement for two (2) additional one (1)
year periods. The County shall give the Consultant written notice of the County's intention to
extend the Agreement term not less than ten (10) days prior to the end of the Agreement term
then in effect.
2. STATEMENT OF WORK. The Consultant shall provide on call software development
services as needed, in accordance with the terms and conditions of RFP #06-4054 and the
Consultant's proposal hereto attached and made an integral part of this agreement.
Additional services may be added to this contract upon satisfactory negotiation of price by the
Contract Manager and Consultant.
3. THE CONTRACT SUM, The County shall pay the Consultant for the performance of this
Agreement in accordance with Exhibit A, Hourly Rate Schedule, hereto attached and made an
integral part of this agreement. Payments shall be made to the Consultant not more frequently
than once per month.
Payment will be made upon receipt of a proper invoice and in compliance with Section
218.70 F.S. otherwise known as the "Florida Prompt Payment Act".
Travel expenses shall be reimbursed at the rates as per Section 112.061 Fla. Stats.
Reimbursements shall be at the following rates:
MiIea e
Breakfast
Lunch
Dinner
Per Diem
Airfare
Rental car
Lad in
Parkin
Taxi or Air art Limousine
er mile
".,
Reimbursable items other than travel expenses shall be limited to the following: telephone
long-distance charges, fax charges, photocopying charges and postage. Reimbursables will be
paid only after Consultant has provided all receipts. Consultant shall be responsible for all
other costs and expenses associated with activities and solicitations undertaken pursuant to this
Agreement.
4. NOTICES. All notices from the County to the Consultant shall be deemed duly served if
mailed or faxed to the Consultant at the following Address:
Idea Integration Corp.
1 Independence Drive
Jacksonville, FL 32202
Attention: Mr. Zach Guthrie
FAX: 904.360.2490
All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed
to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell
FAX: 239.732.0844
The Consultant and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in
writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Consultant or to constitute the Consultant as an agent
of the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary
for the prosecution of the Work shall be obtained by the Consultant. Payment for all such
permits issued by the County shall be processed internally by the County. All non-County
permits necessary for the prosecution of the Work shall be procured and paid for by the
Consultant. The Consultant shall also be solely responsible for payment of any and all taxes
levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations
and laws of Collier County, the State of Florida, or the U. S. Government now in force or
hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility
of an employer with respect to persons employed by the Consultant.
7. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in
any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or
for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or
regulation, or of any governmental rule or regulation now in effect or hereafter enacted or
adopted. In the event of such violation by the Consultant or if the County or its authorized
representative shall deem any conduct on the part of the Consultant to be objectionable or
improper, the County shall have the right to suspend the contract of the Consultant. Should the
Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the
County within twenty-four (24) hours after receiving notice of such violation, conduct, or
practice, such suspension to continue until the violation is cured. The Consultant further agrees
not to commence operation during the suspension period until the violation has been corrected
to the satisfaction of the County.
8.
.t"'1 i ,
t.""... .." "'J ~
.~ f.
,I :i
PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual shatt
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this
provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/ or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/ or firm from doing business with the
County for a specified period of time, including but not limited to: submitting bids, RFP,
and/ or quotes; and, c. immediate termination of any contract held by the individual and/or
firm for cause.
9.
TERMINATION. Should the Consultant be found to have failed to perform his services in a
manner satisfactory to the County as per this Agreement, the County may terminate said
agreement immediately for cause; further the County may terminate this Agreement for
convenience with a seven (7) day written notice. The County shall be sole judge of
non-performance.
10.
NO DISCRIMINATION, The Consultant agrees that there shall be no discrimination as to
race, sex, color, creed or national origin.
11.
INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have rrummum limits of
$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and
Property Damage Liability. This shall include Premises and Operations; Independent
Consultants; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $1,000,000 for
each accident.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Consultant during the duration of this Agreement. Renewal certificates
shall be sent to the County thirty (30) days prior to any expiration date. There shall be a
thirty (30) day notification to the County in the event of cancellation or modification of
any stipulated insurance coverage.
Consultant shall insure that all subConsultants comply with the same insurance
requirements that he is required to meet. The same Consultant shall provide County with
certificates of insurance meeting the required insurance provisions.
i2,
16E'1
INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of Consultant or anyone employed or utilized by the Consultant in the
performance of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph,
This section does not pertain to any incident arising from the sole negligence of Collier County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Information Technology Department.
14. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and shall
acquire no interest, either direct or indirect, which would conflict in any manner with the
performance of services required hereunder. Consultant further represents that no persons
having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out verbatim:
Exhibit A, Hourly Rate Schedule; Insurance Certificate; RFP #06-4054, "On Call Software
Development Service"; and the Consultant's Proposal.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the
parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. VENUE. This agreement shall be construed in compliance with Florida Laws. Venue
shall be in Collier County, Florida.
16 1
IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
--"
By:
~~~
Dated:. .'Lf. '-l tf!Co
(SEAL) Attest u to Chi \ nun s
11QlH\turt 00111I
Frank Halas, Chairman
Idea Integration Corp.
mcl~~Ku'ndoJj
First Witness
m(C-/1e l~ Ra ndal1
T~ print witness name
,}kU~LA-
Second Witness
S y \) f.!61 ... \.;'t tJ tJ --..AJ ~ cJJ
Typej print witness name
BY:~~
(' Signature
Jim Albert, Pre8~dent
Typed signature and title
Approved as to form and
legal sufficienc :
~
Typejprintname
Item# {la.c I
Agenda It r~~1
Date ~
16E1
EXHIBIT A
HOURLY RATE SCHEDULE
Contract 06-4054
"On Call Software Development Services"
Idea Integration Corp.
Professional
Hourly Rate
Applications Development
Manager
Sr. Manager
Executive
$130
$155
$195
Manager, Applications Development
Manager
Sr. Manager
$121
$122
Applications Architect
Intermediate
Advanced
Expert
$95
$97
$112
Applications Development Analyst
Intermediate
Advanced
Expert
$69
$78
$94
Data Strategy
Data Security Specialist
Intermediate
Advanced
Expert
$97
$121
$127
Data Architect
Intermediate
Advanced
Expert
$89
$101
$115
Database Analyst
Intermediate
Advanced
Expert
$89
$98
$119
Quality Assurance
Manager, Quality Assurance
Manager
Sr. Manager
$108
$117
Customer Support Analyst
Intermediate
Advanced
Expert
$54
$98
$121
Internet Planning, Engineering and Operations
Manager, Internet Operations
Team Leader
Manager
Sr. Manager
$101
$124
$152
Internef/W"eb Architect
Intermediate
Advanced
Expert
$87
$103
$119
Web Applications Programmer
Intermediate
Advanced
Expert
$89
$101
$119
Internef/W"eb Engineer
Intermediate
Advanced
$88
$102
Web Designer
Intermediate
Advanced
$68
$109
Web Security Specialist No variance
$127
Electronic Commerce
Manager, E-Commerce No variance
$127
Business Intelligence
Manager, Data Warehouse No Variance
$125
Training
Manager, Technical Training
Team Leader
Manager
Sr. Manager
$74
$95
$130
Business Analysis
Manager, IT Business Planning
Manager
Sr. Manager
$110
$125
Program Management
Program Manager
Manager
Sr. Manager
Executive
$102
$130
$160
l(S..
"'--.
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID K~ DATE (MMlDDIYYYY)
IDEAl 2 11/30/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Harden & Associates, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
806 Riverside Ave ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Jacksonville FL 32204
Phone: 904-354-3785 Fax: 904-634-1302 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Travelers Property/Casualty Co 36161
--
INSURER B: Chubb Custom Ins. Co 38989
Idea Integration INSURER C: Lloyds of London
MPS Group, Inc.
One Independent Drive, 9th Flr INSURER D: Hartford Fire Ins Co 19682
Jacksonv1lle FL 32202-5060
INSURER E: Charter Oak &'1re Insurance Co 25615
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
:
"&.~E (MMlDD/y~E
DATE IMMlDDIYYI
L TR NSRC TYPE OF INSURANCE
! GENERAL LIABILITY i
. !
;'. X COMMERCIAL GENERAL LIABILITY TC2JGLSA487D8049
, CLAIMS MADE L!J OCCUR
I
i
hEN'L AGGREGATE LIMIT APPLIES PER:
nPRO. n
' POLICY JECT LOC
I AUTOMOBILE LIABILITY
rxl ANY AUTO
C ALL OWNED AUTOS
U SCHEDULED AUTOS
i HIRED AUTOS
H NON-OWNED AUTOS
H
POLICY NUMBER
A
05/01/06
EACH OCCURRENCE
05/01/07 PREMISES (E~~;;';~~ncel
MED EXP (Anyone person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
COMBINED SINGLE LIMIT
(Ea accident)
05/01/06
05/01/06
05/01/07
05/01/07
A
A
TJCAP487D8062
TC2JCAP487D8050
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY
R ANY AUTO
EXCESs/UMBRELLA LIABILITY
tJ OCCUR D CLAIMS MADE
R DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
E ANY PROPRIETOR/PARTNER/EXECUTIVE
A OFFICER/MEMBER EXCLUDED?
~~~MtS;;~~v'!~?6~s below
OTHER
AUTO ONLY - EA ACCIDENT
OTHER THAN
AUTO ONLY:
05/01/06
05/01/07
EACH OCCURRENCE
AGGREGATE
B
79545383
LIMITS
$ 1000000
$ 500000
$ 5000
$ 1000000
$2000000
$2000000
$ 1000000
EA ACC
AGG
$
$
$
$ 5000000
$ 5000000
$
$
$
TC20UB487D9151
TRJUB487D9163
05/01/06
05/01/06
X IT(;'~/LI~:fls I IUE~-
05/01/07 EL EACH ACCIDENT $ 1000000
05/01/07 EL DISEASE- EA EMPLOYEE $ 1000000
E.L.DISEASE-POllCYlIMIT $1000000
C Errors & Omissions PH0600311 I 05/01/06 05/01/07
D Blanket Bond 21FA023090806 I 05/01/06 05/01/07
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
RE: Agreement No. 06-4054 - On Call Software Development Service
Certificate Holder is listed as Additional Insured with respect to General
Liability, but only as respects operations of the Insured on behalf of the
Certificate Holder. *Cancellation clause is as shown except for non-payment
of premium which is 10 days.
CERTIFICATE HOLDER
CANCELLATION
$5MM/$15MM
$5MM
COLLI 0 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 3 0 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUT ZED Rl:RES3A~ ~
Collier County Government
3301 Tamiami Trail, East
Naples FL 34112
ACORD 25 (2001/08)
@ACORDCORPORATION1988
16[6
--.';
Memorandum
TO:
Minutes & Records Management
FROM:
Jason Bires
Property Acquisition Specialist
Real Estate Services
DATE:
December 18, 2006
RE:
South Florida Water Management District - Emergency Services
Complex and South Regional Library
Please find attached one (1) original recorded Deed of Conservation Easement for the
above referenced project.
The Board of County Commissioners of Collier County, Florida approved the Deed of
Conservation Easement on November 28,2006, Item 16 (E)(6).
Please contact me if you have any questions or comments at Extension 8719.
Thank you.
J ires
Property Acquisition Specialist
Real Estate Services
Retn:
PUBD
ATTN: JASON BIRBS
BIT 8719
3938985 OR: 4146 PG: 0551
RBCORDBD in the OFFICIAL RBCORDS of COLLIBR COUNTY, FL ~aIl> E 6i: ~~ -
11/30/2006 at 08:50AM DWIGHT B. BROCK, CLBRK
Project: South Florida Water Management District Emergency Services Center and South Regional Library
Permit: ll-00429-S-25
Folio: 55425014105
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given this 23Th day of
NO\Jerrabe. , 2006, by Collier County, a political subdivision of the State
of Florida, c/o Facilities Management, ("Grantor") whose mailing address is 3301 Tamiami Trail
East, Naples, FL 34112, to the South Florida Water Management District ("Grantee"). As used
herein, the term "Grantor" shall include any and all heirs, successors or assigns of the Grantor, and
all subsequent owners of the "Property" (as hereinafter defined) and the term "Grantee" shall
include any successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida,
and more specifically described in Exhibit "A" attached hereto and incorporated herein
("Property"); and
WHEREAS, the Grantor desires to construct Emergency Services Center and South
Regional Library ("Project") at a site in Collier County, which is subject to the regulatory
jurisdiction of South Florida Water Management District ("District"); and
WHEREAS, District Permit No. 11-00429-S-25 ("Permit") authorizes certain activities
which affect waters in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or mitigate
wetlands and/or uplands under the District's jurisdiction; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in
Section 704.06, Florida Statutes, over the area described on Exhibit "A".
NOW, THEREFORE, in consideration of the issuance of the Permit to construct and
operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together
with other good and valuable consideration, the adequacy and receipt of which are hereby
acknowledged, Grantor hereby grants, creates, and establishes a perpetual Conservation
Easement for and in favor of the Grantee upon the property described on Exhibit "A" which shall
run with the land and be binding upon the Grantor, and shall remain in full force and effect
forever.
The scope, nature, and character of this Conservation Easement shall be as follows:
Form No. 1190 1
Standard
Rev. 03/2006
OR: 4146 PG: 0552
16[6
-
1. Recitals. The recitals hereinabove set forth are true and correct and are hereby
incorporated into and made a part of this Conservation Easement.
2. Purpose. It is the purpose of this Conservation Easement to retain land or water
areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to
retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas
included in this Conservation Easement which are to be enhanced or created pursuant to the Permit
shall be retained and maintained in the enhanced or created conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantee by this easement:
a. To enter upon the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably
interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent with this
Conservation Easement and to enforce the restoration of such areas or features of the Conservation
Easement that may be damaged by any inconsistent activity or use.
3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and
monitoring activities, or surface water management improvements, or other activities described
herein that are permitted or required by the Permit, the following activities are prohibited in or on
the Conservation Easement:
a. Construction or placing of buildings, roads, SIgns, billboards or other
advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or
dumping or placing of trash, waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except for the
removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other
material substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to remain
in its natural or enhanced condition;
f. Activities detrimental to drainage, flood control, water conservation, erosion
control, soil conservation, or fish and wildlife habitat preservation including, but not limited to,
ditching, diking and fencing;
g.
Acts or uses detrimental to such aforementioned retention of land or water
Form No. 1190
Standard
Rev. 03/2006
2
OR: 4146 PG: 0553
16E6
-
areas;
h. Acts or uses which are detrimental to the preservation of the structural
integrity or physical appearance of sites or properties having historical, archaeological, or cultural
significance.
4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Property,
including the right to engage in uses of the Property that are not prohibited herein and which are not
inconsistent with any District rule, criteria, permit and the intent and purposes of this Conservation
Easement.
5. No Dedication. No right of access by the general public to any portion of the
Property is conveyed by this Conservation Easement.
6. Grantee's Liabilitv. Grantee shall not be responsible for any costs or liabilities
related to the operation, upkeep or maintenance of the Property.
7. Property Taxes. Grantor shall keep the payment of taxes and assessments on the
Easement Parcel current and shall not allow any lien on the Easement Parcel superior to this
Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in
addition to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien
on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the Grantee,
together with Grantee's reasonable attorney's fees and costs, with interest at the maximum rate
allowed by law, no later than thirty days after such payment. In the event the Grantor does not so
reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the Easement
Parcel which shall automatically relate back to the recording date of this Easement. Grantee may
foreclose this lien on the Easement Parcel in the manner provided for mortgages on real property.
8. Enforcement. Enforcement of the terms, provisions and restrictions of this
Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on
behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor,
shall not be deemed or construed to be a waiver of Grantee's rights hereunder.
9. Assignment. Grantee will hold this Conservation Easement exclusively for
conservation purposes. Grantee will not assign its rights and obligations under this Conservation
Easement except to another organization or entity qualified to hold such interests under the
applicable state laws.
10. Severability. If any provision of this Conservation Easement or the application
thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this
Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation
Easement is preserved.
11. Terms and Restrictions. Grantor shall insert the terms and restrictions of this
Form No. 1190
Standard
Rev. 0312006
3
OR: 4146 PG: 0554
16E6
Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests
itself of any interest in the Conservation Easement.
12. Written Notice. All notices, consents, approvals or other communications
hereunder shall be in writing and shall be deemed properly given if sent by United States certified
mail, return receipt requested, addressed to the appropriate party or successor-in-interest.
13. Modifications. This Conservation Easement may be amended, altered, released or
revoked only by written agreement between the parties hereto or their heirs, assigns or
successors-in-interest, which shall be filed in the public records in Collier County.
TO HA VE AND TO HOLD unto Grantee forever. The covenants, terms, conditions,
restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor,
and shall continue as a servitude running in perpetuity with the Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property
in fee simple; that the Conservation Easement is free and clear of all encumbrances that are
inconsistent with the terms of this Conservation Easement; and all mortgages and liens on the
Conservation Easement area, if any, have been subordinated to this Conservation Easement; and
that Grantor has good right and lawful authority to convey this Conservation Easement; and that it
hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against
the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its
name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said
Board, the day and year aforesaid.
ATTEST:
DvnGHTE.afOC~,CLERK
~~~k
Attest IS to ~~rk
S'II\.t~ oalll
BOARD OF COUNTY COMMISSIONERS
COUJER COUNTY ~A
~:.~
By: ~-"
Frank Halas, Chairman
This ConveyC!nce Approved By
The Board Of County
Commissioners
Collier County Florida,
Pursu~!l!.!PDA~~tllendaN . \b~ b
Date:~"ltem o.
C;+1>~ ~ {O~1-YY1 + Jb.JJ2~~
~~ o..-l~~~ ~ (LeO-
St 't...:n~ \ ~LR A Bt.~rn~.i:..
o
/I J <&- )0 6
Form No. 1190
Standard
Rev. 03/2006
4
.,....
COLLIER COUNTY
EMERGENCY SERVICES COMPLEX
AND SOUTH REGIONAL LIBRARY
16E6
-
EXHIBIT "A"
LEGAL DESCRIPTION
CONSERVAnON AREA ':4- OF LELY RESORT PHASE TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT
PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 0.652 ACRE, MORE OR LESS.
AND
A PORnON OF TRACT -B- OF LELY RESORT PHASE TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT
PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARnCUlARL Y DESCRIBED AS
FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF TRACT "Er OF LELY RESORT PHASE TWO, ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 18 AT PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH
04'03'03- WEST, ALONG THE EASTERLY BOUNDARY OF SAID TRACT ir FOR A DISTANCE OF 28.05 FEET TO A POINT ON THE
BOUNDARY OF CONSERVAnoN AREA ':4- OF SAID PLAT; THENCE RUN SOUTH 61"01'06- WEST, ALONG THE BOUNDARY OF SAID
CONSERVAnON AREA ':4: FOR A DISTANCE OF 117.49 FEET; THENCE RUN SOUTH 10'24'46- WEST, ALONG THE BOUNDARY OF
SAID CONSERVAnON AREA ':4: FOR A DISTANCE OF 85.08 FEET; THENCE RUN SOUTH 32'00'16- WEST, ALONG THE BOUNDARY
OF SAID CONSERVAnON AREA ':4: FOR A DISTANCE OF 64.90 FEET; THENCE RUN SOUTH 32'03'28- EAST, ALONG THE
BOUNDARY OF SAID CONSERVAnON AREA ':4: FOR A DISTANCE OF 99.46 FEET; THENCE RUN SOUTH 73"21'31- EAST, ALONG THE
BOUNDARY OF SAID CONSERVAnON AREA ':4: FOR A DISTANCE OF 81.69 FEET TO A POINT ON THE EASTERLY BOUNDARY OF
SAID TRACT -B:' THENCE RUN SOUTH 04'03'03- WEST, ALONG THE EASTERLY BOUNDARY OF SAID TRACT -B: FOR A DISTANCE
OF 30.74 FEET; THENCE RUN NORTH 73'21'3" WEST FOR A DISTANCE OF 99.71 FEET; THENCE RUN NORTH 25'04'10- WEST
FOR A DISTANCE OF 121.21 FEET; THENCE RUN NORTH 19'53'4r EAST FOR A DISTANCE OF 70.28 FEET; THENCE RUN NORTH
10'24'46- EAST FOR A DISTANCE OF 93.54 FEET; THENCE RUN NORTH 61'01'06- EAST FOR A DISTANCE OF 134.26 FEET;
THENCE RUN NORTH 88'03'44- EAST FOR A DISTANCE OF 14.26 FEET TO THE POINT OF BEGINNING;
CONTAINING 0.308 ACRE, MORE OR LESS.
NOTES:
1.) BEARINGS SHOWN HEREON REFER TO THE EASTERLY BOUNDARY LINE OF TRACT -B- OF LELY RESORT
PHASE TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 43 THROUGH 45
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING SOUTH 04'03'03- WEST.
2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVAnONS AND/OR RESTRICnONS OF RECORD.
('.
3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF.
~f7~~' ~-z2-<>6
SIGNATURE. ... DATE SIGNED:
ERIC V. SANDOVAL (FOR THE FIRM - LB-734)
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5223
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER
EXHIBIT
PAGE I
A
OF 3
* THIS IS NOT A SURVEY *
DRAWN BY: REG JOB NO.: 05719.00 SHEET 1 OF 3
LEGAL DESCRIPTION
COHSEHVAJ'IOH AHffA "A" OF
lElY HffSOHJ' PHASE J'IfO
SECTION 22, 7'OlYNSHIP 50 SOOTH, RANCE 26 EAST,
COIJJER COONTY, F.lOm.DA
151521 Bar:a.n._r Dr1v.
Fart l\IIyers. Flarlda 339"'2
(239) 278-1992 FAX (239) 278-0922
E-I\IIAIL tkvv@tkvvQnline_con-'
Certlncatlon # 734
DATE: SEPTEMBER 2006
DRAWING: 057/9-1
COLLIER COUNTY
EMERGENCY SERVICES COMPLEX
AND SOUTH REGIONAL LIBRARY
(:)
I
O' 50' 100'
SCALE IN FEET
EXHIBIT "A "
NORTHERLY BOUNDARY OF TRACT "B"
TRACT "B"
LELY RESORT PHASE TWO
(PLAT BOOK 18, PAGES 43-45)
~
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-
LINE TABLE , ,
[b~
LINE BEARING LENGTH h. h. TRACT "c"
t.l t.l
L1 S 6]001'06" W 117.49' gg
L2 S 10024'46" W 85.08' ~ ~ LELY RESORT PHASE TWO
L3 S 32000'16" W 64.l)()' >- >- (PLAT BOOK 18, PAGES 43-45)
Q:: Q::
L4 S 32003'28" E 99.46' ~~
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LS S 73021 '31" E 81.69' ~ ~
L6 S 04003'03" W 28.05' >- >-
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CONSUlTING (NGIN((H~ INe
envlronmental.clvll.structura 1- survey
e.e21 Ba:r1:n.er Drive
Fort Myers. Florida 33912
(239) 278-1992 FAX (239) 278-0922
E-fv1A.IL tkvv@tk\.l'Vonline.com
Certification # 734
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DRAWN BY: REG JOB NO.: 05719.00 SHEET 2 OF 3
* THIS IS NOT A SUR VEY *
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
COHSERVA J'/OH AREA ''.4'' OF
lEJ.,Y RESORJ' PHASE J'IfO
SEC7'./ON 22, TO/YNSHfP 50 SOOTH, RANCE 26 EAST,
COLYER COONTY, .FLORflJA
DATE: SEPTEMBER 2006
DRAWING: 05719-1
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***
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COLLIER COUNTY
EMERGENCY SERVICES COMPLEX
AND SOUTH REGIONAL LIBRARY
EXHIBIT "A "
OR: 4146 PG: 0557 ***
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SCALE IN FEET
POINT OF
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(PLAT BOOK 18, PAGES 43-45)
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L1 S 04003'03" W 28.05' . .
L2 S 61"01 '06" W 117.49' ~ .0
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L3 S 10024'46" W 85.08' o 0 TRACT "c"
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L4 S 320(}()'16" W 64.90' ~ ~ LEL Y RESORT PHASE TWO
L5 S 32003'28" E 99.46' (PLAT BOOK 18, PAGES 43,,45)
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L6 S 73021 '31" E 81.69' Q:: Q::
L7 S 04003'03" W 30.74' ~~
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L8 N 73021 '31" W 99.71' ~~
L9 N 25004'10" W 121.21' ).. )..
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Lll N 10024'46" E 93.54' tI) f3 EXHIBIT
4)~ PAGE 3 OF .3
Ll2 N 61"01 '06" E 134.26 '
Ll3 N 88003'44" E 14.26'
* THIS IS NOT A SUR VEY *
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CONSUlTING [NGlNnH~ IN~
envlronmental.clvll.structural- survey
ee21 Sar1:n._r Drs''V''e
Fort Myers. Florida 33912
(239) 278-1992 FAX (239) 278-0922
E-MAIL tkvv<@tkvvonline_r-on"'l
Certification # 734
DRAWN BY: REG JOB NO.: 05719.00 SHEET 3 OF 3
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
A POR7'IOH OF 7'RAC7' nOn OF
lKlY RKSOR7' PHASK 7"0
SKCTION 22. 1'OlYNSHIP 50 SOUTH, RANCK 26 KAST,
COUIKR COUNTY, FLORIDA
DATE: SEPTEMBER 2006
DRAWING: 05719-1
~
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 F' 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line throug!- routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
-
2.
-- -
3.
---
4.
5. Sue Filson, Executive Manager Board of County Commissioners I/I~/o(p
~
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved by the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Number of Original
Documents Attached
L//l-~O;J~
/ lePI
I
Yes
(Initial)
N/A (Not
A licable)
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on I (enter date) and all changes
made during the meeting have been incorporated in be attached document. The
Coun Attorne's Office has reviewed the chan es, if a Jicable.
(!IJe
CAC
CJK.
~
CJtC
CJJC..
2.
3.
4.
5.
6.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date:
December 1, 2006
To:
Christine Chase
Emergency Management
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Contract between the BCC & SW FL Professional
Firefighters
Enclosed please find one (1) copy of the original document, as referenced
above, (Agenda Item #16F1), approved by the Board of County
Commissioners on Tuesday, November 28, 2006.
If you should have any questions, please call 774-8411.
Thank you.
Enclosure(2)
16Fl
EXECUTIVE SUMMARY
Approve Memorandum of Understanding (MOU) between The Collier County
Board of County Commissioners (CCBCC), through its Emergency Management /. / C{
Department, and the Civil Air Patrol (CAP) through its Florida Wing. I ( rJ S'/, .!,
I&F
OBJECTIVE: Board of Commissioners' approval and signature on the MOU between
The Collier County Board of County Commissioners (CCBCC), through its Emergency
Management Department and the Civil Air Patrol (CAP), through its Florida Wing.
9 tHl--
CONSIDERATIONS: The purpose ofa Memorandum of Understanding (MOU) is as
follows:
To optimize cooperation and coordination between Collier County Government, through
its Emergency Management Department and the Civil Air Patrol, through its Florida CAP
Wing, during times of emergency or disaster and during the post-disaster recovery period,
to include Air and Ground Search and Rescue (SAR) Operations, Mercy Missions,
Disaster Mitigation and Relief (DR) Operations, SAR/DR Training Missions, Homeland
Security (HLS) Missions, Aerial Reconnaissance of Ground Conditions and Surface
Traffic Missions, Air Transportation of Cargo and Passengers (Human Organs, Tissues,
Medical Supplies and CCBCC Officials/Other Non-CAP Passengers);
The CAP provides an organization of private citizens equipped and trained to respond to
local and national emergencies and to serve the interest of public safety and welfare;
The Florida Wing CAP assistance to CCBCC may include, and is not limited to: Aerial
missions such as reconnaissance for search and rescue of disaster victims, damage
assessments of the community, or environmental surveys utilizing visual, photographic,
digital, and video techniques, airborne communications support, and airlift (subject to
regulatory restrictions listed in MOU). Other support may include: manual labor, radio
communications and ground support teams (typically in search and rescue (SAR) or relief
missions).
Under this MOU only the Director of the Bureau of Emergency Services, or his
designated representative may approve CAP missions for the Collier County government.
FISCAL IMPACT: No funds are required
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of Commissioners approve the MOU between
The Collier County Board of County Commissioners, through its Emergency
Management Department, and the Civil Air Patrol, through its Florida Wing.
Prepared By: Jim von Rinteln, Coordinator, Emergency Management Department
CAP MOU Registration No. 09-001-SER-FL-COLL-ES
MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
THE CIVIL AIR PATROL BY THE FLORIDA WING
AND
COLLIER COUNTY BOARD OF COMMISSIONERS
1. Puroose. The Collier County Board of Commissioners (CCBCC) and Civil Air Patrol
(CAP) wish to utilize the services of CAP and its volunteers for the public good. This
memorandum of understanding (MOU) describes the procedures by which CCBCC may request
CAP mission support as well as the terms under which missions are authorized, performed, and
reimbursed. The memorandum does not, in and of itself, create any legal obligations among the
parties or signatories. All previous MOU(s) between CAP and CCBCC are superseded by this
agreement. NOTE: No Counterdrug (CD) missions are authorized by this MOU
2. Parties. This MOU is between CAP, through its Florida Wing and CCBCC.
a. Civil Air Patrol. CAP is a federally chartered charitable non-profit corporation. (36
U.S.C. ~~40301-40307.) Missions flown under this MOU are "corporate missions." Although
CAP is not a government agency or military service, it acts as a volunteer civilian auxiliary of
the United States Air Force (USAF) when the services of CAP are used by any department or
agency in any branch of the Federal Government. Only the United States Air Force (USAF) can
assign "Air Force Assigned Missions" (AFAMs.) See Attachment AF for a discussion of CAP's
status and missions as the Air Force Auxiliary (10 U.S.C. ~~9441, 9442) and procedures to
request "Air Force assigned missions" (or AFAMs.)
(I) Florida Wing, CAP. Florida Wing is an administrative subdivision of CAP
and not a separate legal entity from CAP. The Florida Wing Commander is a CAP corporate
officer. CAP is generally organized along geographic lines and Florida Wing's jurisdiction is
defined by the boundaries of the state. Missions under this MOU will be performed by Florida
Wing. Contact information is included as Attachment B. (The parties may update Attachment B
unilaterally bye-mail or other writing.)
(2) CAP Members. CAP members are volunteers in public service. Members
pay an annual membership fee to join and participate in CAP. "Members," as volunteers are not
"employees." Although CAP may have employees in the state, their duties as employees are
administrative in nature and do not include participating in CAP missions. Florida Wing may use
CAP members of units from outside of Florida Wing or Florida to perform missions under this
MOU. All CAP members shall be deemed members of Florida Wing while performing missions
under this MOU and entitled to benefits of such membership that arise under this MOU.
(3) CAP-USAF. The United States and Civil Air Patrol - United States Air
Force (CAP-USAF) are not a party to this agreement. (See Attachment AF.)
Page 1 of 15
liA i..... ,-" 1
. t-,
~,..,
b. Collier County Board of Commissioners.
(1) The Bureau of Emergency Services. The Collier County Board of
Commissioners, through its Bureau of Emergency Services Department of Emergency
Management(BES), provides the coordination of emergency services within Collier County
including incorporated areas. This includes the selection and utilization of various resources and
organizations capable of rendering services. Under Chapter 252 of the Florida Statutes, the
Collier County Commissioners, through BES, also coordinates the relief activities of both public
and private relief or disaster assistance organizations that agree to volunteer their services under
the direction and guidance of Collier County authorities. Collier County may utilize personnel
and facilities of Florida Wing CAP for relief or disaster assistance organizations, churches,
temples and synagogues in the distribution of food, relief supplies, medicines and other items
and temporary shelters as part of the restoration or reconstruction of community services and
essential facilities when deemed necessary. (BES contact information is found in Attachment
B.)
(2) Other State or Local Agencies. NI A
(3) Collier County Board of Commissioners - Florida Wing Relationship.
There is no statutory relationship between Collier County Commissioners and the Florida Wing
CAP.
3. CAP Mission Capabilities & Limitations.
a. Capabilities.
(1) Objectives. CAP provides an organization of private citizens equipped to
respond to local and national emergencies and to serve the public welfare. (36 U.S.C. ~40302).
CAP can quickly organize large numbers of highly trained volunteers with ready access to up-to-
date equipment to provide cost effective support to government agencies.
(2) Operations. Florida Wing CAP assistance to CCBCC may include, and is not
limited to: aerial missions such as reconnaissance to search for victims, damage assessments, or
environmental surveys utilizing visual, photographic, digital, and video techniques; airborne
communications support; and airlift (subject to regulatory restrictions discussed in paragraphs 3b
and 5g and 5h below). Other support may include: manual labor (e.g. filling sandbags for flood
control); radio communications; and ground teams (typically used in search and rescue (SAR)
missions). Ground teams are prohibited from participating in CD or other law enforcement
missions.
b. Limitations.
(1) Priority of Missions. CCBCC understands and acknowledges that the
USAF may withdraw CAP from missions in progress under this MOU when necessary to pursue
Page 2 of 15
16, 1
higher priority missions. This is because CAP is the official auxiliary of the Air Force, and there
is a priority for employing CAP resources which may affect availability of support to state and
local authorities. Priority for utilizing CAP resources is as follows: first, DSAF, then other DoD
departments and agencies, other Federal departments and agencies, state agencies, and finally,
local agencies.
(2) Law. CAP does not have any special exemption from civil or criminal law.
Nothing in this agreement shall be read to require any party or signatory to act in violation of the
law or applicable regulations. Furthermore, none of the provisions in this MOD is intended to
conflict with applicable laws, regulations, or directives governing CAP missions/activities,
including but not limited to those discussed below.
(a) Federal Aviation Regulations. Civil Air Patrol pilots, most of whom
are private pilots, are required to comply with Federal Aviation Regulations (FARs.) The FARs
may prohibit private pilots from flying some of the missions (including transport missions except
for certain exceptions) contemplated by this MOD. (See Attachment C, CAP Missions and Pilot
Limitations. )
(b) Assistance to Law Enforcement. CAP regulations limit assistance
to law enforcement agencies to "passive assistance."
CAP members may not be deputized nor may they take an active part in arrest or
detention activities and have no authority to restrict persons by means of force, active or
implied.
a. CAP assistance to law enforcement agencies which may lead to criminal
prosecution is restricted to patrol, reconnaissance, and reporting only. Requests for such
assistance, unless of an emergency nature, must be approved in advance by the Wing and
Region Commanders and coordinated with [the National Operations Center (NOC) at
888.211.1812 or opscenter@cap.gov.] All CAP flights will be in accordance with CAPR
60-1.
(CAPR 900-3 paragraph 3a.)
(c) CAP Directives. CAP missions and activities are also limited by
CAP regulations. CAP personnel are required to comply with CAP regulations. Failure of CAP
members to comply with applicable regulations may result in administrative action. (See
References below.)
(3) Risk Management. CAP is an organization of non-paid volunteer citizens.
As such, CAP members may decline to participate in missions or discontinue missions at any
time. Additionally, CAP may decline or suspend CAP missions for any reason, including but not
limited to safety, risk, and liability concerns.
Page 3 of 15
161'-1
,,!j t
4. Emel1!:encies. For emergency missions in which (a) life or property is in imminent peril and
(b) local resources are inadequate, please see Attachment AF for criteria and procedures for
requesting an AF AM.
5. ReQuestine: Missions - In GeneraL Any and all mission requests may be submitted to the
NOC at 888.211.1812 or opscenter@cap.gov. Reimbursement will be made in accordance with
this paragraph and paragraph 7. Corporate missions may include, but are not limited to:
a. Air and Ground Search and Rescue (SAR) Operations. See Attachment AF
regarding requests for air and ground SAR operations. If the Air Force declines to accept the
mission, CAP may nevertheless accept the mission as a corporate mission.
b. Mercy Missions. Mercy missions refer to the transport of blood, organs, serum, and
medical equipment necessary to relieve a specific time-critical, life-threatening situation where
commercial transportation is unavailable. For more information on how to request a Mercy
mission, contact the Air Force Rescue Coordination Center (AFRCC) at 800-851-3051.
c. Disaster Mitigation and Relief (DR) Operations. DR missions relate to assistance
needed for major disasters or emergencies (including all natural and man-made disasters such as
hurricanes, floods, tornados, major storms, earthquakes, oil spills or other environmental
disasters). See Attachment AF regarding requests for DR missions.. If the Air Force declines to
accept the mission, CAP may nevertheless accept the mission as a corporate mission.
d. SARlDR Training Missions. See Attachment AF regarding requests for air and
ground SARlDR Training Missions. If the Air Force declines to accept the mission, CAP may
nevertheless accept the mission as a corporate mission.
e. Homeland Security (HLS). See Attachment AF regarding requests for Homeland
Security operations. If the Air Force declines to accept the mission, CAP may nevertheless
accept the mission as a corporate mission.
f. Aerial Reconnaissance of Ground Conditions and Surface Traffic for CCBCC.
This may include visual or photographic reconnaissance of wildlife, land, forests, roadways and
waterways, etc. (Note: in the event of an "environmental disaster," CCBCC may be able to
request an AF AM in accordance with Attachment AF). Participation of CCBCC personnel in
these aerial reconnaissance missions is discussed in paragraph 5g below.
g. Agency Crewmembers. CCBCC may request CAP aircraft and aircrew as an aerial
platform from which CCBCC officials may perform "aerial work," as "crew members." "Aerial
work" includes missions such as aerial reconnaissance of ground conditions (discussed in
paragraph 5f above) or operation of an airborne repeater. CCBCC officials may be authorized to
fly aboard CAP aircraft in accordance with CAPR 60-1, CAP Flight Management. CCBCC
officials performing aerial work or duty in the aircraft during flight are crewmembers and not
"passengers." (14 C.F.R. ~119.1(e) (4).)
Page 4 of 15
16
~l
h. Air Transportation of Cargo and Passengers. Air transport of cargo and/or
passengers on corporate missions shall be in accordance with subparagraphs (1) and (2) below.
Such missions shall be performed without reimbursement or payment of any kind from sources
outside of CAP due to FAA restrictions. (Note: Transport missions may be funded by the CAP
pilot or Florida Wing CAP but such missions may be limited due to availability of funding):
(1) Human Organs, Tissues, and Medical Supplies. CAP may perform
missions to transport organs, tissues, medical supplies at request of CCBCC for humanitarian
reasons without accepting reimbursement or payment of any kind from outside sources.
(2) CCBCC Officials/Other Non-CAP Passengers. CAP may transport
CCBCC officials and other non-CAP passengers approved in accordance with CAPR 60-1,
paragraph 2-6.
6. Command. Control. Coordination and Cooueration:
a. Immediate command and control over all CAP resources and personnel employed in
accordance with this MOU shall rest with CAP at all times. Mutual consent should be the norm;
nevertheless, any party to this agreement may suspend or terminate CAP missions conducted
pursuant to this MOU without cause.
b. Both Florida Wing CAP and CCBCC agree to maintain continual and effective
communication and coordination to facilitate the training necessary for effective CAP
participation with BES personnel in disaster relief missions.
7. Reimbursement. Reimbursement to Florida Wing for missions will be as follows:
a. Reimbursement for Corporate Missions. When CCBCC reimbursement is required
by Florida Wing for missions performed under this MOU, such reimbursement shall be limited
to the rates established in the current Civil Air Patrol Regulation 173-3, P~ ror CiP'ff Azr
Pat;roI Sappor( Attachment 1 (a copy of which is provided as Attachment D and incorporated
herein by reference) The parties agree that Attachment D, as revised from time to time by Civil
Air Patrol and approved by CAP-USAF and the FAA, will be the basis for determining
reimbursement. (Updates to Attachment D will be available online. Contact gc@cap.gov.)
Additionally, aircraft and automobile fuel and oil will be reimbursed at actual cost.
b. Restrictions on Billing. Dual payment/compensation or double billing is prohibited and
may not be requested or accepted. For example, if Florida Wing receives or is offered state
funds for aircraft operating expenses (fuel, oil, maintenance), Florida Wing may not seek or
accept reimbursement for the same expense from CAP National Headquarters, or from any other
source (i.e. another federal agency).
8. Liabilities: Insurance. Workers Comuensation & Related Matters.
Page 5 of 16
, ,/l:
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a. State Protections. There are no Florida benefits afforded CAP and its members such
as workers compensation or liability protection. CAP third party liability and personal injury
coverage available to the corporation and its members are generally outlined in CAP Regulation
900- 5.
b. CAP Protections. In addition to protections afforded in paragraph 8a above (if any),
CAP and its members are protected by liability insurance policies as well as member benefits
described in CAP Regulation 900-5, Civil Air Patrol Insurance/Benefits Program and 112-10,
Indemnification.
c. No Federal Protections. CAP and its members are not deemed to be instrumentalities
of the United States while performing corporate missions. Therefore, Federal Tort Claims Act
(FTCA) (10 U.S.C. 9442(b) (2); 28 U.S.C. 2671 et. seq.) and Federal Employees Compensation
Act (FECA) (5 U.S.C. 8151) do not apply.
9. Air Force Provisions.
a. The subject MOU is between CAP Corporation and CCBCC and is not an agreement
with CAP as the Air Force Auxiliary.
b. The United States Air Force has priority in the use of CAP equipment bought with
appropriated funds. The priority for utilizing CAP resources is: (I) USAF; (2) Other DoD
departments and agencies; (3) other Federal departments and agencies; (4) State agencies; and
(5) Local agencies.
c. CAP volunteers flying missions under this MOD are not eligible for FTCA or FECA
benefits.
d. No Air Force Assigned Missions (AF AM) will be assigned pursuant to this MOU.
e. Missions flown and funded under this MOU are not eligible for payment or
reimbursement from the federal government.
10. Effective Date. Term. Termination. and Approval Provisions.
a. Effective Date. The terms of this MOU will become effective as of the date signed by
both parties.
b. Term. This MOU shall be effective for a period of five years from its effective date.
c. Amendment. This MOD embodies the entire terms and understanding of the parties
and no other agreements exist between the parties except for those expressly stated herein, to
include attachments cited below and executed by the parties. This MOU may be amended by
written notice of either party, which expressly identifies itself as a part of this agreement and is
Page 6 of 15
16Fl
signed by an authorized representative of each ofthe parties. Air Force provisions in this MOU
are not subject to amendment or revision by either party. (See paragraph 9 and Attachment AF.)
d. Termination. The parties may terminate this MOU at any time upon sixty-day (60)
day advance written notice of termination signed by their designated representatives. Copies of
the termination notice shall be mailed to the designated representatives of each of the parties at
addresses shown below. (See Attachment B and the addresses below).
National Headquarters, Civil Air Patrol
Attention: DO
105 So. Hansell Street
Maxwell AFB, AL 36112
Collier County Board of County
Commissioners
Attn: Chairman
3301 East Tamiami Trail
Naples, FL 34112
IN WITNESS WHEREOF, this MOU has been executed by the parties herein:
Civil Air Patrol
State of Florida, Collier County Board of
County Commissioners
by }?dtO/vt
Patrick S. O'Key
Colonel, CAP Dated:
Wing Commander
by
Frank Halas
Chairman, CCBCC _Dated:
~/~
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~:
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· as u 'to, Ch.:frsln os
11gnlturt onl- '
Approved M u\ fm:')Ti ) At.}>,~ f;::' '. '.;~,:,
Jj~ ~_.~-~_..,
,
"'1Ih'ftU~uttat,y Attb.-.rntJ
Page 7 of 15
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Attachments:
AF Untitled AF Involvement Attachment
B Contact Information
C Table: CAP Missions and Pilot Limitations
D CAP Regulation 173-3, Payment for Civil Air Patrol Support, Attachment 1,
Reimbursement Rates
E State Protections Afforded CAP & Members [If none, strike out and initial.]
References:
Hotlinks to online sources for these citations can be found at [pending.]
United States Code
http://uscode.house. gov/usc.htm
10 U.S.C. ~~ 9441 - 9448, (Organization and Management of Civil Air Patrol)
36 U.S.C. ~~40301 - 40307, Civil Air Patrol
Code of Federal Regulations
http://www .gpoaccess. gov/cfr/index.html
14 C.F.R. ~ 119.1, Applicability [of common carrier regulations]
CAP Publications
http://cap.globalreach.com/index.cfm?nodeID=5285
CAP Regulations - 60 series including:
CAP Regulation 60-1, Flight Management
CAP Regulation 60-3, CAP Emergency Services Training and Operational Missions
CAP Regulation 112-10, Indemnification
CAP Regulation 173-3, Paymentfor Civil Air Patrol Support*
CAP Regulation 900-3, Firearms - Assistance to Law Enforcement Officials
CAP Regulation 900-5, Civil Air Patrol Insurance/Benefits Program
Page 8 of 15
16f1
Attachment AF
AIR FORCE ASSIGNED MISSIONS
1. The following are potential Air Force Assigned Missions (AF AM):
a. Air and Ground Search and Rescue (SAR) Operations. CAP, as the Air Force
Auxiliary performs SAR missions to search for, locate, and relieve a distress situation, including
overdue aircraft, emergency locator transmitters (EL Ts), and persons in distress. For more
information on how to request an AF AM SAR mission, contact the Air Force Rescue
Coordination Center (AFRCC) at 800-851-3051.
b. Mercy Missions. Mercy missions refer to the transport of blood, organs, serum, and
medical equipment necessary to relieve a specific time-critical, life-threatening situation where
commercial transportation is unavailable. For more information on how to request a Mercy
mission, contact the Air Force Rescue Coordination Center (AFRCC) at 800-851-3051.
c. Disaster Mitigation and Relief (DR) Operations. DR missions relate to assistance
needed for major disasters or emergencies (including all natural and man-made disasters such as
hurricanes, floods, tornados, major storms, earthquakes, oil spills or other environmental
disasters). For more information on how to request a Disaster Mitigation and Relief mission,
contact the Air Force National Security Emergency Preparedness (AFNSEP) duty officer at 800-
366-0051.
d. SARlDR Training Missions. SAR/DR training missions are joint training missions
with CAP and the State Agency. For more information on how to request a SAR/DR training
mission contact the appropriate State Director. (See attachment B - Contact Information).
e. Homeland Security (HLS). Department of Defense and Air Force policy on HLS
missions CAP may be tasked to perform in support of civil authorities is still evolving. For more
information on how to request a Homeland Security mission, contact the CAP National
Operations Center (NOC) at 888-211-1812 or opscenter@cap.gov.
2. For information on any other above AFAM, you may also contact the NOC at 888-211-1812.
Page 9 of 15
16 1
Attachment B
CONTACTINFO~TION
Contact Information as of 28 June 2006
MISSION CONTACT PHONE & E-MAIL* ADDRESS
CIVIL AIR PATROL
Local N/MSS Contact Lt Col Dave Morouzzi W: 239.566.5248 Florida Wing CAP
F: Attn: DO
H: 239.777-8919 680 NE 215th Street
P: Miami, FL 33079
C:
E: Igarcia@t1wg.cap.gov
Homeland Security CAP National W: 888.211.1812/ Civil Air Patrol
(HLS) Operations Center 334.953.5823/ 105 S. Hansell Street
(MOU Paragraph 5e) DSN 493-5823 Maxwell AFB, AL 36112
F: 334.953.4242
DSN 493.4242
E: opscenter@capnhQ.gOV
Corporate Missions State Wing Commander W: Florida Wing CAP
(MOU Paragraph 6.) or Designate: F: Attn: DO
Lt Col Luis Garcia H: 680 NE 215th Street
Director of Operations P: Miami, FL 33079
C:
E:
STATE AGENCY
Planning & Agency Head or W: [State Agency
Miscellaneous Designate: F: Street address
[name] H: PO Box
P: City, ST xxxxx]
C:
E:
Billing Accounts Payable Head W: [State Agency
or Designate: F: Street address
[name] H: PO Box
P: City, ST xxxxx]
C:
E:
Operations Operations Head or W: [State Agency
Designate: F: Street address
[name] H: PO Box
P: City, ST xxxxx]
C:
E:
CAP-USAF
Planning & CAP-USAF State W: 407-646-4247 [State Wing Liaison Office
Miscellaneous- AF AM Director of Liaison F: Attn: CC
Services (SO): H: Street address
Mr. Jerry Angley P: PO Box
C: 407.947.2131 City, ST xxxxx]
E: jcangley@aol.com
Page 10 of 15
Attachment C
TABLE: CAP MISSIONS AND PILOT LIMITATIONS
"
CAPR 60-1 iCl) ATTACHMENT:2 (CONI'D) 19 OCTOBER 200~
CAP :WSSIO:\'S .-\..'\'0 PILOT LDDTATIO~S
IF THE .-\..""D ON Ah"D THE AND IRE THEN MAY mOT MAY REFERENCE
Pl"RPOSEOF BOARD ARE MISSIro: IS AlRCRAFT IS BE FLm\'~ BE
THE FUGHr IS BY RIDIBURSED
FOR
Search and Pilet AcrB C C>lpOIate P,i".-ate Pilot Fuel. Otl. Exemption
Lccate creon-member,. ReunbUl,ed or Owued Suppleweo.tal 6T1R
c.-u> member>. ~=-t Rwnbuned Oxygen. Fluid>.
.-\I'J1leG Lub1itant<,.
Senices. Sen-Lclnll.
Auth"uzed ~1auUeu.'\OC~.
Go,'e111ment Pet Diem
Employee'.
~lembel' PIi..-ate Pilot In accc1'llance Exemption
Futmilied mt:hCAPR 6771B
~ ..... ..
.. :~-j
C Rwnbw-sed See Aaial
or Not Work
Reunbw,ed Opeutloll.;
Other A AllY Pm'ate Pilot Fuel. oil. attpol1 FAR 611 13(e)
Pas~e.; expendtnll~, Ct"
lesllal fee>
BcrC ~,. C ol1lwercial Any E.'Cpe'DSe> FAR
Reio1btused Pilol Ct" A TP AUlhOlized by 1191{e){-l)
CAP
~ot Rwnbwsed Auy Piinte Pilot SH Xotf' 1 FAR. 61 I 13(a):
FAR. 6U 13(c):
FAR
119.1(e)H):
FA"-
Interpretat:on
1997-23
Ae:ial \\'od:: Crewmembet '. AllY .-\n;' Pm-ate Pilot SH Xote 1 FAR61113(a):
Operancns {FAR 11) FAR.6U13ic):
(Aenal imagmg. FAR
radlo relay) 119.1(e:~~):
F.~.A
Intespretalloll
1997-13
Pas~get.; Ct" Reunbwsed .-\ny C Cl1lIlIl!t'cial .-\n;' Expens~ FAR
~on-CAP Pilol.:-t A, TP Allth,"lized bv H91(e)(-l)
Ptopet1y c-\i>
~ot Reunbur,ed .-\ny PIi,'ate P,lot SH Xotf' 1 FAR61113(a):
FAR. 61113(c):
FAR
119.he:~~):
F.-\..>\
Intespretallon
1997.23
Col1linued on Next Page
:.'Iiou 1: Pilot m1IY not pay 1fl5, !baa. the lXO rata share oftbe operating ~. )lI'O\'ided the expeoselo im-oh-e only fueL oil.
aitpoIt expeaditum. or I1f1ta1 h OR pilot may not log flight time.
Page 11 of 15
16 1
16
.,....1
r.
!
Attachment C (cont'd.)
TABLE: CAP MISSIONS AND PILOT LIMITATIONS
CAPR 60-1 (El\!ERG~(,Y CHA..~GE :2 CORRECTED COpy) ATTACIDID.'T :2 (CO)'TDj 1 JA..'\o'1:ARY 2006 23
CAP YlSSIO~S A.. '\1> Pll.OT LnDTATlO~S (co~n:'\1.:t:D)
IF THE A..'\.1> ON .-\1\1) THE AND THE TIiEN ~L~Y PU..OT ~L~ Y R.EFEREXCE
Pt"RPOSE OF BOARD ARE l\IISSIOK IS AIRCRAFT IS BE FLOW'): BE
THE FLIGHT IS BY RED.ffiURSED
FOR
Domestic Pilot, A Corporate Private Pilot Fuel, Oil, Exe:mptico.6771
CAP CIdet C.-\P Cadets AF R.etmbuned Owoed Supp1emmta1
Orientation Ox},., F1uick,
Fli~ IAW Lubricants,
C."-PP 52..7 Sm.'I.C1nIl,
~faiates1aoce,
Per Diem
M'emI:lft- Private Pilot IA W CA.PR.
Fumished 173.3
B C<<PORte Private Pilot Fuel, Oil,
Not RewIbursed Owoed Supp1emmta1
~ F1uick,
Lubriemts.
Sm.1cin1l;,
MaiDteDlllCe,
Per Diem
M'emI:lft- Private Pilot IAW CAPR
Fumished 17l-3
B ..~ COIIIIlIII!I'cia AIr{ Expemes
RewIbursed Aulhorized by
with olber than CAP
AF FUPds
AFROTC Pilet. A AllY C01Ul1le1'cial AllY E'Cpem~s
OneataMn AFROTe Pilot Authorized b....
F1ililits Cadets C'..iU>
O\--el'seas CAP Pilet Any AF Ae:l'o Club Cemmet'cial Any E'Cpenses Exemption
Onentatlcn cH~wl1lel1lben. Owned Pdat Wlth Authonzed by 67": 1. CAPR
Flight'> CAP Cadets In,>t:umett! CAP 60..1 Para ~-2 f
Ratinl!: cr A TP (6)
Tr3S1;,pottatl.Cll Pa~~ger~ .01 A 0% Not Auy Pri,.-.1te Plio! Sn ~ote 1 FAR 61 113(<:).
~Oll-CAP R.eUUblU>ed Intefptet3tion
Propa1Y 199:'-23
Ce1Ul1le1'dal Any E"q>eIl>es Exemption 6485
Pilot Authonzed by
CAP
BcrC Auy Not Authcrized NA FAR 119,1
Page 12 of 15
Aircraft Flying Hour Minor Maintenance Payment Rates
16Fl
The rates in this table are calculated from actual reported minor maintenance expenses for CAP aircraft.
Many factors, such as aircraft age, Airworthiness Directives, design, and model, affect CAP expenditures
for maintenance. These rates are not generally related to engine horsepower because engine expenses are
managed under CAP's major maintenance program. CAP has elected to establish overall fleet rates for
only the models of aircraft in the CAP corporate fleet.
Wings participating in the national consolidated maintenance program will not have minor maintenance
funds paid to the wing. In addition, the Category "8" and "c" minor maintenance mission funds
collected by those wings must be forwarded to NHQ so the funds can be used to maintain the wing's
aircraft.
Effective 1 <ktober 2006
"Dry" Reimbursement Hourly Rates
Manuf Maule Cessna Cessna Cessna Gippsland Cessna de Cessna
Havilland
Model MT-7-235 172 182 206 GA-8 I 82RG DHC-2 185F
Cost/hr $30.00 $31.00 $44.00 $46.00 $49.00 $57.00 $66.00 $70.00
Notes:
1. "Basic Hourly Rate" for single-engine corporate or member-owned/furnished aircraft not listed
above: $31.00.
2. Use of single-engine member-owned or member-furnished aircraft must be approved in advance for all
missions.
a. Use in Air Force assigned missions requires approval by the appropriate Air Force approval authority.
b. Use in corporate missions requires approval by the Wing/Region Commander or Director of
OperationslDirector of Emergency Services.
c. Single-engine member-owned or member-furnished aircraft models that have been approved in
accordance with this note but are not listed in the table above will be reimbursed at the "Basic Hourly
Rate."
3. The use of all twin-engine aircraft for any mission requires prior approval through the wing/region!!!!! the
appropriate Air Force approval authority (through the National Operations Center.) Wings/regions should
send requests well in advance to the NOC at opscenter@capnhq.gov. Once approval has been obtained.
the NHQ staffwill determine the reimbursement rate and notifY the wing/region in writing.
4. Aircraft fuel, lubricants, de-icing payments, and other mission essential supplies are authorized for
participation in Air Force-assigned reimbursable missions and are in addition to the above rates (receipts
required).
s. Corporate glider tow aircraft are reimbursed at the appropriate rate for their model classification.
Reimbursement for non-corporate glider tows participating in the Cadet Glider Flight Orientation Program
will be based on the actual cost of the tow (receipts required).
6. Glider maintenance reimbursement will be on an actual cost basis. Submit receipts for all expenses
incurred by each glider to NHQ CAPILGM for payment or reimbursement. Major maintenance of gliders
requires a control number from NHQ CAPILGM prior to repairs being accomplished. Major
maintenance actions include: fabric replacement, glider repainting, interior work, and avionics
replacement. Submit receipts for these actions when repairs are completed. Submit all other maintenance
expenses monthly. ORIGINAL RECEIPTS ARE REQUIRED FOR ALL PA YMENTSI
REIMBURSEMENTS. Tail number accounting principles must be followed for gliders.
16 1
7. To properly figure the reimbursement authorized, multiply the total number of hours flown times the
rate allowed for the appropriate aircraft model to determine the amount reimbursed for aircraft minor
maintenance. Add to the aircraft minor maintenance reimbursement the total for actual fuel,
lubricants, de-icing, and other authorized expenses to determine the "tota1" reimbursement. Wings
participating in the national maintenance demonstration program will list the flying hours flown on
the CAPF 108 but will!!2! list the "Aircraft Cost Claimed" in column H.
8. Satellite-transmitted Oigitallmaging System (SOlS) Rates. CAP can charge an additional $65 an hour to
operate SOlS but only when supporting missions that are not funded with the money CAP receives from
Congress. The money collected for SOlS operation from these missions must be forwarded to NHQ for
the systems that NHQ provides to the wings. Wings that have purchased their own SOlS systems may
keep the money but must comply with specific program income restrictions. This information can be
obtained from HQ CAP/FM. The hourly charge to operate the SOlS system will begin when the aircraft
departs the mission base to execute the SOlS sortie and ends when the aircraft returns to the mission base.
The SOlS rate will not be charged on flights to/from the home base and the mission base unless SOlS
operation is conducted enroute to the mission base.
9. Airborne Real-time Cueing Hyperspectral Enhanced Reconnaissance (ARCHER) Rates. CAP can
charge an additional $235 an hour to operate ARCHER but only when supporting missions that are not
funded with the money CAP receives from Congress. The money collected for ARCHER operation from
these missions must be forwarded to NHQ. The hourly charge to operate the ARCHER system witl begin
when the aircraft departs the mission base to execute the ARCHER sortie and ends when the aircraft
returns to the mission base. The ARCHER rate will not be charged on flights to/from the home base and
the mission base unless ARCHER operation is conducted enroute to the mission base.
2
Attachment D
CAPR 173-3. ATTACHMENT 1. REIMBURSEMENT RATES
4
CAPR 173-3 (CI) ATTACHMENT I 31 AUGUST 2005
Attachment 1. Aircraft Flying Hour Minor Maintenance Payment Rates
EFFECTIVE 1 SEPI'EMBER 200S
Type 1 Type 1 Type 3 Type 4 Type 5 Type S'
<1JOIIP 130-199 lIP 100-149 lIP 150-199 lIP 300 lIP or> 300 lIP or >
$25,00 $30.00 $41. 00 $62.00 $46.00 N/A
AK, m," PR Rates
N/A N/A $45,00 N/A N/A $81.00'"
CI50 CI72-150 CI72RG CI82RG A185 *DH2 Beaver
CI52 CI72- CJ72XP Tl82 U206-3oo ONLY
1601180/195 CJ77RG Tl82RG T206
C177-180 CJ77-2OO C 182-250 C21O-300/31O
Beech BE-23 CI82 C182-265 PA-32- 3oo/30IT
Husky Beech BE-33-225 U206-285 PA-32R-300
Maule M-4/5/6n- Maule M-4-2oo C210-285 /30IT
180 Maule MT-7-235 Beech A36- 285 PA-32-JOO
Mooney M20-180 Mooney M20-2OJ Beech BE 33/ Gippsland GA-8
Piper PA-28- Mooney 231/ 35-285
14011 50 252TSE -210 PA-32-260
Piper PA-28-160/ PIper Arrow-
1801181 200/20 I /
Piper Arrow-I 80 20lT
Piper PA-28-235
Notes:
1. Reimbursement rates have been established to encourage the use of economical. mission capable aircraft.
1. Use of member-owned or member.furnished aircraft must be approved in advance by the appropriate Air Force approval
authority for all Air Force missions and by the W~ Commander or Director of OperatiooslDirector of
Emergency Services for all corporate missions.
3. The use of all twin-engine aircraft, for any mission, requires prior approval through the wingiregion awl the National
Operations Center, WingiRegion Commanders (Region Counterdrug Directors for counterdrug missions) should send
requests well in advance to the NOC at opscenter@Capnhq,gov. Once approval has been obtained from the NOC, the
NHQ stalTwill determine the reimbursement rate and notify the wing/region in writing,
4, These rates apply to corporate-owned aircraft. Member-owned or furnished single-engine aircraft add $ 19 per hour.
5. Aircraft fuel lubricants, de-icing payments. and other mission essential supplies are authorized for participation in Air
Force assigned reimbursable missions and are in addition to the above rates (receipts required).
6. Corporate glider tow aircraft are reimbursed at the appropriate rate for their type classification, Reimbursement for non-
corporate glider tows participating in the Cadet Glider Flight Orientation Program will be based on the actual cost of the
tow (receipts required),
7. Glider maintenance reimbursement will be on an actual cost basis. Submit receipts for all expenses incurred by each
glider to NHQ CAPILGM for payment or reimbursement. Major maintenance actions require a control number from
NHQ CAPILGM.w::!.l!.t to repairs being accomplished, Major maintenance actions include: fabric replacement, glider
repainting, interior work, and avionics replacement. Submit receipts for these actions when repairs are completed.
Subm it all other maintenance expenses monthly. ORIGINAL RECEIPTS ARE RF..oUlRlID FOR ALL
P A YMENTSI RElMB1JRSFMENTS, Tail number accounting principles must be followed for gliders,
8. To properly figure the reimbursement authorized, multiply the total number of hours flown times the rate allowed for the
appropriate aircraft type classification to determine the amount reimbursed for aircraft minor maintenance. Add to the
aircraft minor maintenance reimbursement the total for actual fuellubrieants, de-icing, and other authorized expenses to
determine the "total" reimbursement. If a single-engine aircraft is not listed in any of the categories. detennine the
'"Type" from the table above by the aircraft's horsepower (FIP) or contllet NHQ CAPILGM at (334) 953-6032
Page 13 of 15
16
,r-
r
i
1
16F1
ATTACHMENTE
STATE PROTECTIONS AFFORDED CAP & MEMBERS
Confer with your legal officer to ensure that state protections, if any, are described here in detail
adequate to bind State and are detailed somewhere adequate to explain it to the people in the
field. A supplement to CAPR 900-5 may be in order. Thefollowing issues are submittedfor
consideration:
1. General.
1.1. This list is not intended to be a tool for negotiation. It is simply a request for
whatever protections State already has available or to which State may already have ready
access. If State is unable to provide any protections, that factor becomes part of the
commander's risk analysis and decision making processes as s/he considers whether to
undertake the MOU or any specific mission.
1.2. The point is NOT that CAP has no insurance or lacks coverage; our insurance is
adequate. Rather, the goal is to minimize the exposure of CAP and its insurer(s) so as to and
minimize the increase of our insurance premiums (and the potential for loss of coverage)
brought about by losses and protect corporate assets. As a general proposition, CAP flies
missions in support of states "at cost, " the known costs of doing business. The protections
discussed in this attachment form part of the "unknown costs, " the hazards incurred performing
these missions. It is reasonable to ask that this cost be born by our "customer. "
1.3. Watch for gaps in protection and coverage.
2. Specific issues: For each and every mission, consider:
2.1. Liabilitv & Indemnitv. Will state provide indemnity/liability coverage? Is such
indemnity in lieu of CAP's other coverages (e.g. insurance, FECA, or FTCA)? Is any action by
the member required in order to be eligible? (e.g. Registration as a Disaster Services Worker.)
Does STATE indemnifY each category of ''person'' below for actions arising in the course
missions?
2.1.1. All members (cadets and senior members) regardless of age. (Remember,
FECA benefits are not availablefor members under age 18.))
2.1.2. All members, including those not participating in the mission (e.g. Wing
Commander, who holds overall responsibility or other members whose only contact may have
been managing aircraft maintenance or planning, preparing and trainingfor such missions)?
2.1.3. Civil Air Patrol, itself
2.1.4. All agents, principals. . . etc. of CAP?
Is any specific action required of CAP in order to be eligible? (e.g. Obtain a state
mission number.)
Page 14 of 15
16Fl
2.2. Immunity. Is statutory immunity available? Is such immunity in addition to or in
lieu of CAP's other coverages (e.g. insurance)? Is any action by the member required in order
to be eligible? (E.g. Registration as a Disaster Services Worker.) Does STATE immunize each
category of''person'' below for actions arising in the course missions?
2.2.1. All members (cadets and senior members) regardless of age. (Remember,
FECA benefits are not available for members under age 18.))
2.2.2. All members, including those not participating in the mission (e.g. Wing
Commander, who holds overall responsibility or other members whose only contact may have
been managing aircraft maintenance or planning, preparing and trainingfor such missions)?
2.2.3. Civil Air Patrol, itself
2.2.4. All agents, principals. . . etc. of CAP?
2.3. Workers' Comvensation. Does STATE provide workers compensation benefits and
protection to each category of''person'' below for actions arisingfrom missions?
All members (cadets, senior members) regardless of age? (As you know, FECA
benefits are not available for members under age 18.))
Civil Air Patrol, itself(e.g. protection from suits by members under the "exclusive
remedy" provision afforded by some workers' compensation laws.)
All agents, principals. .. etc. of CAP afforded the protection from suits by
members?
Is any action by the member required in order to be eligible? (e.g. Registration as a
Disaster Services Worker.)
Is any specific action required of CAP in order to be eligible?
2.4. Workers' Compensation. Apartfrom the MOO, are volunteers considered
"employees" or afforded the benefits of workers compensation from their respective
organizations? Are organizations required to provide workers compensation coverage? Are
organizations afforded the protections (e.g. "exclusive remedy'~ of workers compensation?
Page 15 of 15
Item #16F3
BAR RESOLUTION
2006-01
HAS NOT BEEN
RECEIVED IN THE
MINUTES AND
RECORDS
DEPARTMENT AS OF
APRIL 30, 2008
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
16
1
excention of the Chainnan's signature, draw a line throUlzh routin!! lines # 1 through #4, complete the checklist, and forward to Sue FUson line #5).
Route to Addressee(s) Office Initials Date
(List in routiml: order)
4,-
..z:-
+.-
+.-
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder oCthe original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BeC Chainnan's signature arc to be delivered to the Bee office only after the BCe has acted to approve the
item,)
Name of Primary Staff Theresa Cook Phone Number 642-7878
Contact
Agenda Date Item was November 28, 2006 Agenda Item Number 1601
Approved by the BCC
Type of Document Resolution Number of Original Four (4)
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances, ,).
resolutions, etc. signed by the County Attorney's Office and signature pages from l\'I'
contracts, agreements, etc. that have been fully executed by all parties except the BCC V
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on -.2 - (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a Iicable.
1.
2.
3.
4.
5.
6.
~\~
I: Forms/ County Fonns! BeC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
168 1
RESOLUTION NO. 2006- ~
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, DELEGATING TO THE COLLIER COUNTY
AIRPORT AUTHORITY ALL AUTHORITY NECESSARY TO ENTER INTO
AND ADMINISTER THE ATTACHED MASTER JOINT PARTICIPATION
AGREEMENT NUMBER 2007-A WITH THE FLORIDA DEPARTMENT OF
TRANSPORT A TION
IT IS HEREBY RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that
1. The Board of County Commissioners of Collier County, Florida, grants the
Collier County Airport Authority all authority necessary to enter into the
attached Agreement with the Florida Department of Transportation to undertake
projects as authorized by Chapter 332, Florida Statues, and Section 14-60 of the
Florida Administrative Code.
2. MJPA Number 2007-A, attached hereto, is hereby approved.
3. The Chairman of the Collier County Airport Authority, Stephen 1. Price, is
hereby authorized, on behalf of the Collier County Airport Authority, to execute
the attached MJPA Number 2007-A with the Florida Department of
Transportation, and the Airport Authority is hereby authorized to administer the
Agreement unless and until it may be specifically rescinded.
4. This Resolution shall take effect immediately upon adoption.
ADOPTED this 28!h day of November 2006 after motion, second and majority vote in
favor of adoption.
A TrEST;. .
, ,t;
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
DWltJHTEBROCK, Clerk
I , . .. ~
By: c..,-:./~::?./
11RANK HALAS, Chairman
By: .
.' .,~.p~f>tt.ty PI2
~ !"",~;,,,r""""" . .
'" ~. . -t::. iit'i1t:J 'i"
Approved as to form
and legal sufficiency:
~ /~
is ? ~ ~ V1, l#""-------
Thorn C. Palmer~
Assistant County Attorney
H:\Public\Tom-Finals\Rcsolutions\2006\BCC Resolution Airport Authority - Master lPA 2007-A on 11-21-06_doc
1662
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMl\1ISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4. com Iete the checklist. and forward to Sue Filson (line #5).
Route to Addressee(s) Initials Date
(List in routin order)
1.
2.
Board of County Commissioners
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BeC
Type of Document
Attached
3.
7 74 - B9/ 7
J& G
I
Yes N/A (Not
(Initial) A licable)
~~ -
~ ;\J \ f'
\Jffi t
'f{\G
--- "' tJ\A
G~(,
I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05
4.
5. Sue Filson, Executive Manager
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chainpan's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
silrnature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallihassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCe on \\.\ti\ClI.D (enter date) and all changes
made during the meeting have been incorporatetl i~ the attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
MEMORANDUM
DATE:
November 29, 2006
TO:
Cindy Erb, Sr. Property Acquisition Specialist
Real Estate Services
FROM:
Teresa Dillard, Deputy Clerk
Minutes and Records
RE:
Agreement For Sale and Purchase
Attached is a copy of the document as referenced above (Agenda Item
#16G2) approved by the Board of County Commissioners on Tuesday,
November 28, 2006.
A copy of the original is being retained in the Minutes & Records
Department for public record.
If you should have any questions, you may contact me at 774-8411.
Thank you,
Attachment
1662
Immokalee Airport Panther Mitigation
Property Identification No. 00983540001
16G2
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between SOUTHWEST FLORIDA
WETLANDS, a Florida joint venture, whose address is 814 South Military Trail,
Deerfield Beach, FL 33442, (hereinafter referred to as "Seller"), and COLLIER
COUNTY, a political subdivision of the State of Florida, its successors and assigns,
whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to
as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as II Prope rty") , located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00),
the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Three
Hundred Sixteen Thousand Eight Hundred and No/100 Dollars ($316,800.00),
(U.S. Currency) payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE II , "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before ninety (90) days
following execution of this Agreement by the Purchaser, unless extended by
mutual written agreement of the parties hereto. The Closing shall be held at the
Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East,
Naples, Florida. The procedure to be followed by the parties in connection with
the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications except as set forth on Exhibit "B" attached hereto
and incorporated herein by reference (Permitted Exceptions"). Marketable
title shall be determined according to applicable title standards adopted by
the Florida Bar and in accordance with law. At the Closing, the Seller shall
cause to be delivered to the Purchaser the items specified herein and the
following documents and instruments duly executed and acknowledged, in
recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments;
(b) Permitted Exceptions;
(c) Such other easements, restrictions or conditions of record.
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16G2
3.0112 Combined Purchaser-Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title
Company is irrevocably committed to pay the Purchase Price to Seller
and to issue the Owner's title policy to Purchaser in accordance with the
commitment immediately after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01 ,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form 8 Title Policy, issued
pursuant to the Commitment provided for in Section 4.011 below, shall be paid by
Purchaser. The cost of the title commitment shall also be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. If Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an AL TA Commitment for an Owner's Title Insurance Policy
(ALTA Form 8-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing, If the title commitment contains
exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement, the
title shall be deemed acceptable. Upon notification of Purchaser's objection to
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Immokalee Airport Panther Mitigation
Property Identification No. 00983540001
title, Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closing. Seller, at its sole expense, shall use reasonable efforts
to make such title good and marketable. In the event Seller is unable to cure
said objections within said time period, Purchaser, by providing written notice
to Seller within seven (7) days after expiration of said thirty (30) day period,
may accept title as it then is, waiving any objection; or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
by Purchaser to accept the exceptions to title as shown in the title
commitment.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the effective date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. If the survey
provided by Seller or obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack
of legal access to a public roadway, the Purchaser shall notify the Seller in
writing of such encroachment, projection, or lack of legal access, and Seller
shall have the option of curing said encroachment or projection, or obtaining
legal access to the Property from a public roadway, within sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
days from the effective date of this Agreement to notify Seller of any such
objections. Should Seller elect not to or be unable to remove the
encroachment, projection, or provide legal access to the property within said
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said sixty (60) day period, may accept the
Property as it then is, waiving any objection to the encroachment, or
projection, or lack of legal access, or Purchaser may terminate the Agreement.
A failure by Purchaser to give such written notice of termination within the time
period provided herein shall be deemed an election by Purchaser to accept the
Property with the encroachment, or projection, or lack of legal access.
V. INSPECTION PERIOD
5.01 Purchaser shall have thirty (30) days from the date of this Agreement,
("Inspection Period"), to determine through appropriate investigation that:
1. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
2. The Property can be utilized for its intended purpose.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to terminate this Agreement. If
Purchaser fails to notify the Seller in writing of its intent to terminate as provided
herein within the Inspection Period, it shall be deemed that the Purchaser is
satisfied with the results of its investigations and the contingencies of this Article V
shall be deemed waived. In the event Purchaser elects to terminate this
Agreement because of the right of inspection, Purchaser shall deliver to Seller
copies of all engineering reports and environmental and soil testing results
commissioned by Purchaser with respect to the Property.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care and shall be responsible
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Immokalee Airport Panther Mitigation
Property Identification No. 00983540001
"j. /".'" .""..
.Lbb'2
for any loss or damages occasioned thereby and as a result of Purchaser's entry.
Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to
said inspection of the Property.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VII. POSSESSION
7,01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2006 taxes, and shall be
paid by Seller.
IX. TERMINATION AND REMEDIES
9,01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity
to a contract vendee, including the right to seek specific performance of this
Agreement.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon $500 shall be paid to Seller as liquidated
damages which shall be Seller's sole and exclusive remedy, and neither party
shall have any further liability or obligation to the other except as set forth in
paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and
agree that Seller's actual damages in the event of Purchaser's default are
uncertain in amount and difficult to ascertain, and that said amount of liquidated
damages was reasonably determined by mutual agreement between the parties,
and said sum was not intended to be a penalty in nature.
9.03 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties, and take into account the peculiar risks and expenses of
each of the parties.
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding,
10.012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. All necessary
authorizations and approvals have been obtained authorizing Seller and
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Immokalee Airport Panther Mitigation
Property Identification No. 00983540001
Purchaser to execute and consummate the transaction contemplated hereby.
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
10.013 The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing. Purchaser's acceptance of a
deed to the said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller to be
performed pursuant to the provisions of this Agreement.
10.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller,
at law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10.017 Seller represents that to its knowledge there are no incinerators, septic
tanks or cesspools on the Property; all waste, if any, is discharged into a public
sanitary sewer system; Seller represents that they have (it has) no knowledge
that any pollutants are or have been discharged from the Property, directly or
indirectly into any body of water. Seller represents that to its knowledge the
Property has not been used by Seller for the production, handling, storage,
transportation, manufacture or disposal of hazardous or toxic substances or
wastes, as such terms are defined in applicable laws and regulations, or any
other activity that would have toxic results, and no such hazardous or toxic
substances are currently used in connection with the operation of the Property,
and there is no proceeding or inquiry by any authority with respect thereto.
Seller represents that they have (it has) no knowledge that there is ground
water contamination on the Property or potential of ground water
contamination from neighboring properties. Seller represents that to its
knowledge no storage tanks for gasoline or any other substances are or were
located on the Property at any time during or prior to Seller's ownership
thereof. Seller represents that to its knowledge none of the Property has been
used as a sanitary landfill.
10.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been seNed upon Seller claiming any violation of any law, ordinance,
code or regulation or requiring or calling attention to the need for any work,
repairs, construction, alterations or installation on or in connection with the
Property in order to comply with any laws, ordinances, codes or regulation with
which Seller has not complied.
10.019 To Seller's knowledge there are no unrecorded restrictions, easements
or rights of way (other than existing zoning regulations) that restrict or affect
the use of the Property, and there are no maintenance, construction,
advertising, management, leasing, employment, seNice or other contracts
affecting the Property.
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10.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or
related to the Property known to Seller which has not been disclosed to
Purchaser in writing prior to the effective date of this Agreement.
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property of which
Seller has knowledge.
10.022 At the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statement") reasserting the
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing.
10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall
be in accordance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601,
et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including
any amendments or successor in function to these acts, limited however, to
events occurring during Seller's possession.
10.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XI. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
If to Purchaser:
Cindy M. Erb, Senior Property Acquisition Specialist
Collier County Real Estate Services
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-774-8991
Fax number: 239-774-8876
6
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Property Identification No. 00983540001
166'2
With a copy to:
Ellen T. Chadwell
Assistant County Attorney
Office of the County Attorney
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
If to Seller:
Southwest Florida Wetlands
814 South Military Trail
Deerfield Beach, FL 33442
Telephone number: 954-596-2411
Fax number: 954-480-6250
With a Copy:
Anitra D. Lanczi
Shutts & Bowen, LLP
200 E. Broward Blvd., Suite 2100
Fort Lauderdale, FL 33301
Telephone number: 954-847-3844
Fax number: 954-888-3069
11.02 The addressees and numbers for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
XII. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees to brokers retained by Seller
shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and
hold Purchaser harmless from and against any claim or liability for commission or
fees to any broker or any other person or party claiming to have been engaged by
Seller as a real estate broker, salesman or representative, in connection with this
Agreement. Seller agrees to pay any and all commissions or fees at closing
pursuant to the terms of a separate agreement, if any, to brokers retained by
Seller. Purchaser represents and warrants to Seller that it has not engaged a
broker for this transaction.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
13.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
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Immokalee Airport Panther Mitigation
Property Identification No. 00983540001
1662
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
13.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
13.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes.)
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Purchaser and Seller. Time is of the essence of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by BCC:
~ tt Ie, G- z..
AS TO PURCHASER:
DATED: \ \ \ 2.e>\ <.OD~
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~lCJ;k~~~Jau1k
Attest 'I to CM 1nau "Deputy Clerk
11 gnat.".. Oft ill
BY:
~,;--~
FRANK HALAS, Chairman
Item# l.k&~
~~~~Ja I t l"l~ l~
8
L____
Immokalee Airport Panther Mitigation
Property Identification No. 00983540001
AS TO SELLER:
DATED: ) 0 / .;), -, I 0 (p
WITNESSES:
~/
(Signature)
() 1-,' ... \\.;\. \ \ /"
\ '\t:>G,,:' Is. \-t ,.Q.
(Printed Name)
~~~'-~'-~>-- ~
(Signature)
\'V~, ~\-<.. ~ c.-c\",e-L
(Printed Name)
Approved as to form and legal sufficiency:
~12~
Ellen T. Chadwell
Assistant County Attorney
1 /' -
uu' 2
SOUTHWEST FLORIDA WETLANDS,
a Florida joint venture
BY:
David L. John, Aut rized Representative
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Property Identification No. 00983540001
16G~2
EXHIBIT "A"
PROPERTY TAX IDENTIFICATION NUMBER: 00983540001
LEGAL DESCRIPTION:
ALL THAT PART OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 30 EAST, OF
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE SOUTH 312.73 FEET OF THE NORTH 3744.40 FEET OF SECTION
18, TOWNSHIP 51 SOUTH, RANGE 30 EAST, COLLIER COUNTY,
FLORIDA, LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF
STATE ROAD 29, COLLIER COUNTY, FLORIDA.
Containing 36.0 acres more or less.
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Immokalee Airport Panther Mitigation
Property Identification No. 00983540001
. ~--,~
EXHIBIT "B"
PERMITTED EXCEPTIONS
1 . Reservations of Oil, Gas and Mineral Rights reserved in Deed recorded in
Official Records Book 1413, Page 879, Official Records Book 1413, Page
1 013, Official Records Book 1482, Page 727, as further reserved in Official
Records book 2493, Page 2779 except those surface rights released by
Waiver of Surface Exploration Rights recorded in Official Records Book 4076,
page 190; all of the Public Records of Collier County, Florida.
2. Utility Easement in favor of Lee County Electric Cooperative, Inc. by
instrument recorded in Official Records Book 353, Page 858 of the Public
Records of Collier County, Florida.
11
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIJ. 6 G 2
_. TO ACCOlMPANY ALL. ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFlCE FOR SIGNATURE
. Prim 011 pink paper. AttId1ll:l original ~'"'lt Original rlOMTmrucr.s.l1ou.ld be hand del.i.ve:er:t. to tb.e Board. Office. ~compIctcd. rouciag slip iUld originaL
tf~lure 10 be. hwa:rc:lc11O tb.e Board Ofiicc cmly .!O.s: tb.c BOlllXf has tiW:D.acriaa. 011 the item.) . . . . . ..
'. . ROUTINGSLIP . . ,
. '. Ccmipi= roaDq .Iincs 'llhraugh 14 as ~ tar: lIlitiiti"'tl [rll1'."U:e'I. da.tes, l1JJJ/or iDfcmwioa. nccdcd.. It tb.e dnr!n";'~~ is lW=dy c:cmplctr: with !he
den af1flc ~'s . dron line tbrou IlllIliD lined! tbrou -#4, lea:. the c:heckI1st; and forward 10 Suet Filson (lIne #S).
Route to Addressee{s) . Office Initials. Date
. in routin order')' ;." .~.
PRIMARY CONTACT INFORMA nON
(The primary COI1llICl: is tDo baJdcr of rbc original doc:umcztt pending Bee apprcVlll. NOlma.Ily d1c pri.mary COl1C1Cl: i$ the pc:r.sOIl who c::t'I::1lI:dIpll1'1:d rbc executive
SUIIUZIlIry. Primary COUCICI: iDiarmaJiCD. is a=dcd in rbc CVlll1C 0lIlI of rbc ~c:= ~ve. iuc:ludiDg Sue RIson. nced to c;mC1l:t staft fur addiciOllll.l or missing
ill.farmacioa. All arigimU documents llc:d.i.ng die Bee C!l.a.i:m:m'! npCllre ;ue to be delivered to tDo Bee office only :liter rbc Bce bas =:d to approve die
ill:m. )
Name of Primary Sblff
Contact
Agenda. Date Item wa:s
ved b the BCe
Type of Document
Attached
'"' ..:
LJ'~-~nj
2.
en ()
3.
4.
....---....----.....-
------ . . ."'---......-.
..~~._...._.._-'-~".
J3eard of Cuunty Commis.:iionets
.' / rJ3
Clerk of Court's Office
5.
Sue FIlson, Executive Manager
6. :Minutes and Records
Agenda ltem Number
Phone: Number
Number- of Original
Documents Attached
StW. ilL/? nt
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark 'W A" in the Not Applicable column. whichever is
. .
1.. Original cIoc:ument has been signcdrmirialed fur legal stifficiency. (All documents to be
signed by the. Chairman. with the: exception of most letters; must be reviewed and signed
!iy the Office of the County Attorney. This includes signature pages from orciina.nce$,
rcsolutio~ etc. silDCd by the Coup.ty Attomcy's Office and signature pages from
cout:ra.cts. agreements, etc. that have been fDl1yexecuted by all parties except the BCe
0Iairmau and Clerk to the Board and ssibl State Officials.)
2. All haudwrittcu.strike-tbroagh and revisioIlS have been initialed by the County ~mey.' s
Office and all other arties t the Bee Chairman and the Clerk to the Board
3. The Ch.a.inpau's signature line date has been entered as the date of B CC approval of me
doc:ument or the final ne ti.atcd contract date whichever is licable.
4. '"Sign here" tabs are placed. on the appropriate pages indicating where the: Chairman' s
si' and iIdtials are
s. In. Ii10st Cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCe office within 24 hours ofBCe approval.
Some documents are time sensitive and require forwarding to Talll!hllSscc within a certain
time frame or the BCe's actions are nullified. Be aware of our d~a,;TiT1es!
6. The doCWl1eD.t was approved by the BCe aD \\l2.l3);)..Al}\~ (enter date) and all changes
made dnr:ing the meeting have been incorporated in the attached document. The
o,an Attorn 's Office bas reviewed the es.. if a liable.
.---."? . .
,Jf)h
..' .
--.
-,,"
Yes N/A (Not
(Initial) licable)
"J
~1()
IV 111.
t\N\B- -
Ct\\€-
.....
os iJ I II
C(Y\f,
C: Forms! County Fonn:sI BCC Fom1sI Original Doc:um.cnt:r Rowing Slip WWS Original 9.03.04. Rcvi$ed 1.26.05. Revised 2.24.05
1662
MEMORANDUM
DA TE:
February 24,2009
TO:
Cindy Erb, Sf. Property Acquisition Specialist
Real Estate Services Department
FROM:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
RE:
Land (Fakahatchee Strand) donation documents from Collier
County to the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida including: Deed; County
Environmental Affidavit; Title, Possession & Lien Affidavit and
Donation Settlement Statement
Enclosed you will find one original set of documents, referenced above,
(Agenda Item #16G2) and approved by the Board of County Commissioner's
on Tuesday, November 28, 2006.
After forwarding to the State for further processing, please return the fully
executed original document to the Minutes and Records Department so that it
may be kept as part of the Board's Record.
If you should have any questions, please contact the Minutes and Records
Department at 252-8406.
Thank you.
Enclosure
ITEM NO.:
FILE NO.:
ROUTED TO:
16G2
DATE RECEIVED:
Date:
To:
From:
Re:
DO NOT WRITE ABOVE THIS SPACE (Orig. 9/89; Rev. 6/97)
REQUEST FOR LEGAL SERVICES
cJj (Qlt)'l .
~~
Jennifer A:-8etpedio, Assistant County Attorney
Office of the County Attorney (
Cindy Erb, Sr. Property Acquisition Specialist '\:s.~ct
Real Property Management - Building ~.l~ ~\'~. ~ .\('
4:00 File \~;~~1~'
1
Documents to Review ~~
rXc.- ') V)
J' 9J-~
THIS ITEM HAS BEEN PREVIOUSLY SUBMITTED.
FILE NO.: ~ 7 - I2;JI2 - 0//5-0
ACTION R. EQUESTED: Plea, se Review. Than~~~ ..LI. ·
--f)h~ ~ (:1 !uPl V A)':. /;IT-~{Q?
_ ..PI " /1ft'') 1 t!h/(;va 2-0/ /~ r.#'". '. -I-
-f4W/l a.f'Le1~ l~ - '. G-' 4, .11 ,~(k4JZ.,
. r ~--r~1 'ZM CM~-I}r~a~ -~//
l~UJ 'h /6ern) r' <--j!ttZ?Xc'k-t.'
PROJECT: Immokalee Airport Panther Mitigation
FOLIO: 00983540001
16G2
Prepared by:
Jennifer B. White, Esquire
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400
COUNTY DEED
THIS INDENTURE, made this L day of -""m ~ , 2009, by
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112-3969 of the County of
Collier, in the State of Florida, party of the first part, and the BOARD OF TRUSTEES
OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA,
whose post office address is c/o Florida Department of Environmental Protection,
Division of State Lands, 3900 Commonwealth Boulevard, Mail Station 115,
Tallahassee, FL 32399-3000, party of the second part,
(Whenever used herein the terms "part of the first part" and "party of the second part" include all the parties
to this instrument and their heirs, legal representatives, successors and assigns. "Party of the first part" and "party of
the second part" are used for singular and plural, as the context requires and the use of any gender shall include all
genders.)
WITNESSETH that the said party of the first part, for and in consideration of the
sum of Ten Dollars, ($10.00) to it in hand paid by the party of the second part, receipt
whereof is hereby acknowledged, has granted, bargained and sold to the said party of
the second part, its successors and assigns forever, the following described land lying
and being in Collier County, Florida to-wit:
See Exhibit "A" attached hereto and by reference made a part hereof.
Acceptance of Transfer of Title to Donated lands attached here to as Exhibit "B" and by
reference made a part hereof.
Property Appraiser's Parcel Identification Number: 00983540001
IN WITNESS WHEREOF the said party of the first part has caused these presents to
be executed in its name by its Board of County Commissioners acting by the Chair or
Vice Chair of said Board, the day and year aforesaid.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, a political subdivision of the
State of Florida
""";""j.o '\
111\ I\,~)D -;.,.......
O~4~\jt~r~.
M.t m ;..111: " '",. "...uty Clerk
~~'f!ALr~~"~'~
, . ....\.
By:
4~~~
Donna Fiala, as Chairman
16&2
EXHIBIT" A"
All that part of Section 18, Township 51 South, Range 30 East, of Collier County, Florida
being more particularly described as follows:
The South 312.73 feet of the North 3744.40 feet of Section 18, Township 51
South, Range 30 East, Collier County, Florida, lying west of the West right of
way line of State Road 29, Collier County, Florida.
BSMAPg
BY I.' /2-1 0-
DATE //-/~- &!?
Fakahatchee Strand
Tax ID # 0098354000]
Collier County
TITLE, POSSESSION & LIEN AFFIDAVIT
16G2
(COUNTY)
Donna Fiala, ("Affiant"), being first duly sworn, deposes and says that Affiant on behalf of Donor (as hereinafter defined) makes these
representations to the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA ("Donee"), and American Government Services Corporation, and Connnonwealth Land Title Insurance Company
(collectively, "title insurer"), to induce Donee to purchase and title insurer to insure the fee simple title to that certain real property
described below, and Affiant further states:
1. That the Affiant is the Chairman of the Board of County Commissioners, Collier County, Florida, a political
subdivision of the State of Florida. ("Donor") and in such capacity has personal knowledge of the matters set forth herein,
and he has been authorized by the Donor to make this Affidavit on Donor's behalf.
2. Donor is the sole owner in fee simple and now in possession of the real property together with the improvements located
thereon described as follows:
See Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter the "Property").
3. The Property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description whatsoever,
except for easements, restrictions, or other title matters listed in the schedule of exceptions in the title insurance policy to
insure the fee simple title to the Property to be received by Donee in this transaction pursuant to the title commitment issued
in this transaction.
4. There are no matters pending against the Donor that could give rise to a lien that would attach to the Property or cause a loss
of title or impair the title between the last title insurance commitment effective date, and the recording of the fee simple title
to be insured, and the Donor has not and will not execute any instrument that would adversely affect the fee simple title to be
insured.
5. Donor has undisputed possession of the Property; there is no other person or entity in possession or who has any possessory
right in the Property; and Donor knows of no defects in the fee simple title to the Property.
6. No "Notice of Connnencement" has been recorded which pertains to the Property since the last title insurance commitment
effective date, there are no unrecorded laborer's, mechanic's or materialmen's liens against the Property, and no material has
been furnished to the Property for which payment has not been paid in full.
7. Within the past 90 days there have been no improvements, alterations, or repairs to the Property for which the costs thereof
remain unpaid, and that within the past 90 days there have been no claims for labor or material furnished for repairing or
improving the same, which remain unpaid.
8. There are not due, or to come due, unpaid bills, liens or assessments for mowing, water, sanitary sewers, paving or other
public utilities or improvements made by any governmental authority. Should any bill be found which relates to the period of
Donor's possession, Seller will pay such bill upon demand. No notice has been received of any public hearing regarding
future or pending zoning changes or assessments for improvements by any governmental authority.
9. There are no unrecorded deeds, agreements for deed, judgments, liens, mortgages, easements or rights of way for users, or
adverse interests with respect to the Property.
10. If this is improved Property that Donor is the owner of, there are no claims, liens or security interests whatsoever of any kind
or description against the furniture, fixtures, equipment and personal property located in the improvements on the Property
and sold as part of this transaction. All tangible personal property taxes are paid in full.
11. There are no existing contracts for sale affecting the Property except for the contract between Donor and Donee.
12. There is no civil action pending which involves the Property in any way.
13. There are no federal tax claims, liens or penalties assessed against the Donor either individually or in any other capacity.
14. No proceedings in bankruptcy have ever been brought by or against Donor, nor has an assignment for the benefit of creditors
been made at anytime, nor is there now in effect any assignment of rents of the Property or any part thereof.
15. DELETED
16. That Donor is not a "non-resident alien" for the purposes of United States income taxation, nor is Donor a "foreign person"
(as such term is defmed in Section 1445 of the Internal Revenue Code of the United States and its related Income Tax
Regulations); that Donor's F.E.I.D. Number is 59-6000558; that Donor understands that the certific'lltion made in this
n:;lr~aT::Inhn1~"hp.r1;".....ln~DrI...........+~......T_..",_....ln____.____n . 1 .1......... 4 _~
1662
17. Donor has no knowledge as to any hazardous substances (as defined by any federal, state or local statute, law, ordinance,
code, rule, regulation, order or decree) present on the Property. There has been no production, placement, disposal, storage,
release or discharge on or from the Property of any hazardous substances, and there are no buried, partially buried, or above-
ground tanks, storage vessels, drums or containers located on the Property. Donor has received no warning notices, notices of
violation, administrative complaints, judicial complaints or other formal or informal notices from any governmental agency
alleging that conditions on the Property are in violation of environmental laws, regulations, ordinances or rules.
18. This Affidavit is executed in duplicate, each of which shall be considered an original, with one original to be delivered to the
Donee and one original to be delivered to the title insurer.
THIS AFFIDA VIT is made pursuant to Section 627.7842, Florida Statutes, for the purpose of inducing the Purchaser to close and the
title insurer to insure the fee simple title to the Property and to disburse the proceeds of the sale. Donor intends for Donee and the title
insurer to rely on these representations.
Donna Ifl..~n ~ &.
Approved as to form & legal sufficiency
As Approved by the Board on 11/28/2006
Agenda Item # 16 G 2
~-B)J~
Jennifer B. White
Assistant County Attorney
ATTEST: .
DWIGHT E. ~CK,CLERK.,
I"
.~ .
STATE OF FLORIDA
COUNTY OF COLLIER
"1"._ ....QIIIfw!Il::t
.t...........,'.';... '
~; '.'., '.,I
SWORN TO and subscribed before me this ;J~ day of ~ I:::KV a. (1 ,2009, by Donna Fiala, as Chairman of
the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, on behalf of said
county. Such person (Notary Public must check applicable box):
[~;ersonal1Y known to me.
[ ] produced a current driver license.
[ ] produced as identification.
C n_~
Not~
(NOTARY PUBLIC SEAL)
(Printed. Typed or Stamped Name of Notary Public)
Commission No.:
My Commission Expires:
CARolYN SUE AI.SON
MY COMMISSION' DO 748730
Bonded EXPIRES: Apri/28, 2012
ThtuNlq,yPtUc~
TPLaffcty.OIOI
16G2
EXHIBIT" A"
All that part of Section 18, Township 51 South, Range 30 East, of Collier County, Florida
being more particularly described as follows:
The South 312.73 feet of the North 3744.40 feet of Section 18, Township 51
South, Range 30 East, Collier County, Florida, lying west of the West right of
way line of State Road 29, Collier County, Florida.
BSMAP~~
BY I' '/1-9 tV--
DATE //-/.2- cg>
Fakahatchee Strand
Tax ID # 00983540001
Collier County
1662
ENVIRONMENTAL AFFIDAVIT
(COUNTY)
Donna Fiala, ("Affiant"), being first duly sworn, deposes and says that Affiant on behalf of Donor (as hereinafter defined) makes
these representations to the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA ("Donee"), and Affiant further states:
1. That the Affiant is the Chairman of Board of County Commissioners, Collier County, Florida, a political
subdivision of the State of Florida. ("Donor") and in such capacity has personal knowledge of the matters set forth herein, and he
has been authorized by the Donor to make this Affidavit on Donor's behalf.
2. That Donor is the sole owner in fee simple and is now in possession of the following described property together
with improvements located thereon located in Collier County, Florida, to-wit:
See Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter the "Property").
3. That Donor is conveying the Property to BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA.
4. For purposes of this Affidavit the term "Enviromnental Law" shall mean all federal, state and local laws,
including statutes, regulations, ordinances, codes, rules, judgments, orders, decrees, permits, concessions, grants,
franchises, licenses, agreements and other governmental restrictions relating to the protection of the enviromnent or
human health, welfare or safety, or to the emission, discharge, seepage, release or threatened release of any contaminant,
chemical, waste, irritant, petroleum product, waste product, radioactive material, flammable or corrosive substance,
explosive, polychlorinated biphenyl, asbestos, hazardous or toxic substance, material or waste of any kind into the
enviromnent, including, without limitation, ambient air, surface water, ground water, or land, including, but not limited to,
the Federal Solid Waste Disposal Act, the Federal Clean Air Act, the Federal Clean Water Act, the Federal Resource and
Conservation and Recovery Act of 1976, the Federal Comprehensive Enviromnental Response, Compensation and
Liability Act of 1980, the Federal Superfund Amendments and Reauthorization Act of 1986, Chapters 161,253,373,376
and 403, Florida Statutes, Rules of the U. S. Enviromnental Protection Agency, Rules of the Florida Department of
Enviromnental Protection, and the rules of the Florida water management districts now or at any time hereafter in effect.
For purposes of this affidavit the term "Hazardous Materials" shall mean any contaminant, chemical, waste, irritant,
petroleum product, waste product, radioactive material, flammable or corrosive substance, explosive, poly-chlorinated
biphenyls, asbestos, hazardous or toxic substance, material or waste of any kind, or any other substance which is regulated
by any Enviromnental Law.
5. As of the date of Donor's conveyance of the Property to BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, Donor warrants and represents to Donee, its successors
and assigns that:
(i) Donor has not placed, or permitted to be placed, any Hazardous Materials on the Property, and, to
the best of Donor's knowledge, no other person or entity has placed, or permitted to be placed, any Hazardous Materials on the
Property.
(ii) To the best of Donor's knowledge, there does not exist on the Property any condition or
circumstance which requires or may, in the future, require cleanup, removal or other remedial action or other response under
Enviromnental Laws on the part of Donor or a subsequent owner of all or any portion of the Property or which would subject
Donor or a subsequent owner of all or any portion of the Property to liability, penalties, damages or injunctive relief.
(iii) To the best of Donor's knowledge, no underground treatment; buried, partially buried or above
ground storage tanks, storage vessels, sumps, drums, containers, water, gas or oil wells, or landfills are or have ever been located
on the Property.
(iv) Donor, and to the best of Donor's knowledge, any other person or entity that has owned, occupied
or possessed the Property, has never violated, and is presently in compliance with, all Enviromnental Laws applicable to the
Property .
(v) Donor has not received and has no knowledge of any warning notice, notice of violation,
administrative complaint, judicial complaint or other formal or informal notice has been issued by any federal, state or local
enviromnental agency alleging that conditions on the Property are in violation of any Enviromnental Law.
(vi) Donor is not subject to any judgment, decree, order or citation related to or ansmg out of
Enviromnental Laws, and Donor has not been named or listed as a potentially responsible party by any governmental body or
agency in a matter arising under any Enviromnental Law.
6. That Donor makes this Affidavit for the purpose of inducing Donee to accept the Property, and Donor
acknowledges that Donee will rely upon the representations and warranties set forth in this Affidavit.
Approved as to form & legal sufficiency
~'B)J~
Jennifer . White
Assistant County Attorney
:\~ ~pproved by the Board on 11/28/2006
. . Agenda Item # 16 G 2
ATTEST: '". ,
DWtGHT~ ~K. CLE,*;;
.c .
FLHSPENV.FM
REV. 03/20/97
DNRol.35(lo)
.
Ala..
STATE OF FLORIDA
COUNTY OF COLLIER
16G2
SWORN TO and subscribed before me this ~"fhday of ---Fe 6 ,/,V4,r^( ,2009, by Donna Fiala as Chairman of
the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, on behalf of
said county. Such person(s) (Notary Public must check applicable box):
[~/are personally known to me.
[ ] produced a current driver license(s).
[ ] produced as identification.
(NOTARY PUBLIC SEAL)
~-f~
Notary Public
(Printed, Typed or Stamped Name of Notary Public)
Commission No.:
My Commission Expires:
CAROl. YN au
MY COMMISS E FILSoN
F.XPIFlf$' ION /I 00 748730
9onoe, "I' ,..,.;."Apr/I2$, 2012
~11/.-,,,-~
APPROVED AS TO FORM AND LEGALITY
By:
DEP Attorney
Date:
FLHSPENV.FM
REV, 03/20/97
DNR61-35(16)
1662
EXHIBIT" A"
All that part of Section 18, Township 51 South, Range 30 East, of Collier County, Florida
being more particularly described as follows:
The South 312.73 feet of the North 3744.40 feet of Section 18, Township 51
South, Range 30 East, Collier County, Florida, lying west of the West right of
way line of State Road 29, Collier County, Florida.
BSMAP~)?;
BY /-' /1-9 to---
DATE /1'- /..l- C cf'
Fakahatchee Strand
Tax ID # 00983540001
Collier County
DONATION SETTLEMENT STATEMENT
NAME AND ADDRESS OF DONEE
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
3900 COMMONWEALTH BOULEVARD
TALLAHASSEE, FLORIDA 32399
MANAGING AGENCY:
Division of Recreation & Parks (DRP)
PROPERTY LOCATION
SEE EXHIBIT "A" ATTACHED
FILE NUMBER: 20662
SUMMARY OF DONEE'S COSTS
ASSESSED VALUE
$36,000.00
GROSS ASSESSED VALUE
$36,000.00
AMOUNTS PAID BY OR IN BEHALF OF DONEE
DONATED LANDS
NO FUNDS EXCHANGED
$36,000.00
TOTAL (DONATED ASSESSED VALUE)
$36,000.00
GROSS AMOUNT ASSESSED
$36,000.00
CASH ( ] TO ( ] FROM DONEE
-0-
NAME AND ADDRESS OF DONOR
COLLIER COUNTY, a political subdivision of the State of Florida
3301 TAMIAMI TRAIL EAST
NAPLES, FLORIDA 34112
SETTLEMENT DATE:
,2009
SETTLEMENT AGENT: American Government Services
SUMMARY OF DONOR'S COSTS
ASSESSED VALUE
$36,000.00
GROSS ASSESSED VALUE
$36,000.00
REDUCTIONS
DONATED LANDS
NO FUNDS EXCHANGED
$36,000.00
SETTLEMENT COSTS FROM ATTACHED PAGE $0.00
TOTAL (DONATED ASSESSED VALUE PLUS
SETTLEMENT COSTS)
$36,000.00
GROSS AMOUNT ASSESSED
$36,000.00
CASH ( ] TO ( ] FROM DONOR
-0-
16G2
ITEMIZED ACQUISITION COSTS
PAID FROM DONEE'S
FUNDS AT
SETTLEMENT
PAID FROM DONOR'S
FUNDS AT
SETTLEMENT
ITEMS TO BE PAID IN ADVANCE
2005 PROPERTY TAXES - PAID
2006 PROPERTY TAXES, EXEMPT
2007 PROPERTY TAXES, EXEMPT
2008 PROPERTY TAXES ~ EXEMPT
2009 PROPERTY TAXES - EXEMPT
TITLE CHARGES
Settlement or Closing fee to: N/A
Abstract or Title search to: N/A
Title examination to: AMERICAN GOVERNMENT SERVICES CORPORATION PAID $375 OUTSIDE
OF CLOSING BY DONOR
Title insurance binder to:
Title Insurance to: AMERICAN GOVERNMENT SERVICES CORPORA TION
PAID $118,80 ($207 TITLE POLICY - $88.20 REISSUE CREDIT) OUTSIDE OF CLOSING BY DONOR
Owner's Coverage: $36,000.00
GOVERNMENT RECORDING AND TRANSFER CHARGES
Recording fees: Deed PAID FOR OUTSIDE OF CLOSING BY DONOR $27.00
ADDITIONAL SETTLEMENT CHARGES
Survey to: WILSON MILLER - SURVEY REVISIONS - PAID $600 FOR AND PROVIDED BY DONOR
RWA/SOUTHERN MAPPING - BOUNDARY SURVEY - PAID $16,566.29 FOR AND PROVIDED BY DONOR
Environmental site assessment to: ENVIRONMENTAL RISK MANAGEMENT - ADDENDUM - PAID $600 FOR AND PROVIDED BY DONOR
TOTAL ACQUISITION CHARGES
so
POC DONOR
Parties agree that no liability is assumed by Settlement Agent for the accuracy of the information furnished by others as shown on the Donation Settlement
Statement. Settlement Agent hereby expressly reserves the right to deposit any amounts collected for disbursement in an interest bearing account in a Federally
insured institution and to credit any interest so earned to its own account as additional compensation for its services in this transaction.
CERTlFICA TION OF DONEE AND DONOR
I have carefully reviewed the Donation Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and
disbursements made on my account by me in this transaction. I further certify that I have received a copy of the Donation Settlement Statement.
By execution of this Settlement Statement Donee does not represent any concurrence in the donor's claimed fair market value of the Property being donated.
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
· ,..'"'n' 'in" .f tho s.... .r .,,,'d. .
BY f),>>~ ~~
Donna Fiala, \is .CQaihruin . V", \
ATTEST~'. ......... . 'l,
DWIGKta.BROCK. ~BK
:. l .. . .' :?'
. \..
.( .
BY
WILLIAM C. ROBINSON, JR., SENIOR ATTORNEY
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, AS ATTORNEY FOR DONEE
BY
o . ItllfJ.c'
'~~~
Jennifer B. hlte
Assistant County Attorney
The foregoing statement is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement.
Settlement Agent
Date
16G2
EXHIBIT "A"
All that part of Section 18, Township 51 South, Range 30 East, of Collier County, Florida
being more particularly described as follows:
The South 312.73 feet of the North 3744.40 feet of Section 18, Township 51
South, Range 30 East, Collier County, Florida, lying west of the West right of
way line of State Road 29, Collier County, Florida.
BSMAP~~
BY I ~tJ tV-
DATE //-/.2- &8:
Fakahatchee Strand
J ax ID # 00983540001
Collier County
PROCLAMA TION
16Hl
WHEREAS, ten years agD, press and media members of Collier County, Florida
sought to meet regularly as THE NAPLES PRESS CLUB and the Club
sought to provide links with other press clubs and their members all
over the world: and,
WHEREAS, these original members agreed to raise funds voluntarily for
community projects, to further education in the press and media
arts: and,
WHEREAS, as volunteers, members served in Board positions and assisted in
both gaining positive recognition for the press and media and raising
funds for scholarships: and,
WHEREAS, as volunteers, members devoted countless hours of their personal
time over ten years: and,
WHEREAS, THE NAPLES PRESS CLUB has provided scholarships to individuals
wishing to further their education at recognized press and media
sources: and,
WHEREAS, THE NAPLES PRESS CLUB will be enjoyed by local press and media
personnel for many years, as well as supply reciprocal privileges to
Press Club members worldwide: and,
WHEREAS, we commend THE NAPLES PRESS CLUB for 10 years of commitment
and contribution to the cultural and literary life of Collier County,
Florida by providing both residents and visitors with press and
media events of the highest quality and by using any proceeds as a
result of fundraising to provide scholarships to recognized media
education programs.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners, of
Collier County, Florida, that THE NAPLES PRESS CLUB has earned
the sincere appreciation of Collier County and its citizens for its
tireless volunteer efforts that have enriched county life.
DONE AND ORDERED this 28th Day of November, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
'/IQ
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/FRANK HALAS, CHAIRMAN
ATTEST:
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PROCLAMA TION
16H2
WHEREAS, The American Cancer Fund for ChIldren and Kids Cancer Connection report
cancer as the leading cause of death by disease among chIldren in the
United States. This tragic disease is detected in more than 13,000 of
our nations young people each year,' and,
WHEREAS, Steven A Firestein, a descendent of cosmetics magnate Max Factor,
founded the American Cancer Fund for ChIldren, Inc. and sister
organization, Kids Cancer Connection, Inc. nearly a decade and a half ago
and is dedicated to helping these chIldren and their families; and,
WHEREAS, The American Cancer Fund for Children and Kids Cancer Connection
provide a variety of vital patient psychosocial services to chl1dren
undergoing cancer treatment at the Children s Hospital of Southwest
Florida: Department of Pediatrics, Hematology/Oncology in Fort Myers,
as well as, participating hospitals throughout the country, thereby
enhancing the quality of life for these children and their famIlies; and,
WHEREAS, through its unkpJely sensitive and comforting Magical Caps for Kids
program, the American Cancer Fund for ChIldren and Kids Cancer
Connection distributes thousands of beautifully hQllt/ lIIade caps and
decorated bt:1seball caps to chIldren who want to prtJtect their heads
following the trauma of chemotherapy, surgery, btnte IfI(lrrow transplants
and/or radiation treatments,' and,
WHEREAS, The American Cancer Fund for Children and Kids Cancer Connection also
sponsor nationwide Courageous Kid Recognition Award Ceremonies and
hospital celebrations in honor of chIldren s determination and bravery to
fight the baffle against childhood cancer.
NOW THEREFORE, be it proclaimed by the Boord of C()lJnty Commissioners of Collier
County, Florida, that November 27, 2006 thrcugh December 6, 2006 be
designated as
CHILDHOOD CANCER A WARENESS WEEK
DONE AND ORDERED THIS 28th Day of November, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
-- ----------)
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c-- ~ ':.;.:;r--:-"-'~'r" t-L~~~.
/FRANK HALAS, CHAIRMAN
16 I
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.,
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
November 28, 2006
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
A. Clerk of Courts: Submitted for public record, pursuant to Florida
Statutes, Chapter 136.06(1), the disbursements for the Board of
County Commissioners for the period:
(1) October 21,2006 through October 27,2006.
(2) October 28, 2006 through November 3, 2006.
B. Minutes:
(1) Collier County Airoort Authoritv: Agenda for October 9, 2006;
Minutes of September 11, 2006.
(2) Lelv Golf Estates Beautification M.S.T.U. Advisorv Committee:
Revised Agenda for November 16, 2006; Revised Minutes of
October 19, 2006; Budget FY 2005-2006.
(3) Golden Gate M.S.T. U. Advisorv Committee: Agenda for
November 14, 2006; Minutes of October 10,2006.
(4) Collier County Historic and Archaeolooical Preservation Board:
Letter Stating September 2006 Meeting Cancelled Due to Lack
of Quorum; Agenda for November 15, 2006; Minutes of October
18, 2006.
(5) Isles of Caori Fire and Rescue Advisory Board: Minutes of
November 2, 2006; Agenda for November 1, 2006.
(6) Immokalee Beautification M.S.T.U. Advisorv Committee:
Agenda for November 15, 2006; Minutes of October 18, 2006.
(7) Collier County Contractor's Licensino Board: Agenda for
November 16, 2006; December Meeting Cancelled.
H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\112806_misc_corr.doc
16 ,
(8) Radio Road Beautification M.S.T.U. Advisory Committee:
Minutes of October 17, 2006; Agenda for November 21,2006.
(9) Collier County Planninq Commission: Revised Agenda for
November 2, 2006; Agenda for October 19, 2006; Agenda for
November 16, 2006.
(10) Conservation Collier Land Acquisition Advisory Committee:
Agenda for November 13, 2006; Minutes of October 9, 2006.
(11) Pelican Bay Services Division: Agenda for November 15, 2006.
(a) Budqet Committee: Minutes of September 6, 2006.
D. Other:
(1) Southwest Florida Expressway Authority Board of Directors:
Agenda for November 16, 2006; Minutes of October 26, 2006.
(2) Collier County Tax Collector: Budget for FY 2006-2007.
(3) Florida Department of Law Enforcement: Letter confirming
receipt and acceptance of all financial and programmatic
reports applicable to Contract No. 2006-JAGC-COLL-1-M8-01 O.
H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\112806_misc_corr.doc
16": A
1
Clerk of the Circuit Court
Collier County, Florida
RECEIVED
NOV 0 1 2006
Finance & Accounting Department
Board of County CommiSSioners
MEMORANDUM
Date: 10/30/06
To: Board of County Commissioners
From: Constance C. Murray, General Operations Manager
Finance Department/Clerk to the Board
Re: Board of County Commissioners Disbursements
Please find attached a listing of the disbursements for the Board of County
Commissioners for the period October 21,2006 through October 27,2006.
In accordance with Florida Statutes, Chapter 136.06(1), I request that these reports be
included as miscellaneous correspondence to the Board of County Commissioners and
made part of the official records.
If you have any questions regarding this correspondence, please telephone me at 774-
8481.
:::: C01~S I J-Y \ 0 ~
Item #'. \ ~ 1 f A \
~)
10/31/2006
AP Line Item Report for Payroll Operations Mgr.
AP Line Item Report for Payroll Operations Mgr.
V~J:'J.gq:r:;
.... ..."...-....,....
J?:<$.Yffi&#t:afuOW-I1.tl
100805 DELL MARKETING LP
101764 KRAFT CONSTRUCTION
104044 DOUGLAS N HIGGINS INC
104573 GREELEY & HANSEN LLC
112150 JOHN CARLO INC
101678 JOHNSON CONTROLS INC
100435 BRADANNA INC
100677 COMMUNICATIONS INTERNATIONAL INC
100804 DELL COMPUTER CORPORATION
100805 DELL MARKETING LP
102261 OFFICE FURNITURE & DESIGN
103242 WAYNE WILES CARPETS INC
103795 CDWG
109260 WORKPLACE RESOURCES
104282 SOFTWARE HOUSE INTERNATIONAL
104919 HERMAN MILLER WORKPLACE RESOURCE
100005 A GAIL BOORMAN & ASSOCIATES
100430 BOYLE ENGINEERING CORPORATION
100861 DON HUNTER SHERIFF
103795 CDWG
113867 BOYLE ENGINEERING CORP
114231 DIVERSIFIED DRILLING CORPORATION
112260 SUNTRUST BANKCARD, N.A.
102052 MITCHELL & STARK CONSTRUCTION CO
104573 GREELEY & HANSEN LLC
108056 PBS&J
110715 PBS&J
100675 COMMUNICATIONS INTERNATIONAL INC
100677 COMMUNICATIONS INTERNATIONAL INC
100861 DON HUNTER SHERIFF
100897 DWIGHT E BROCK CLERK OF COURTS
101678 JOHNSON CONTROLS INC
102261 OFFICE FURNITURE & DESIGN
103795 CDWG
104282 SOFTWARE HOUSE INTERNATIONAL
105803 WORKPLACE RESOURCE OF FLORIDA
108465 JOHN CARLO INC
100419 BONNESS INC
100677 COMMUNICATIONS INTERNATIONAL INC
100856 DN HIGGINS INC
102261 OFFICE FURNITURE & DESIGN
103490 JOHNSON ENGINEERING INC.
103795 CDWG
103959 MCDONALD TRANSIT ASSOCIATES INC
104282 SOFTWARE HOUSE INTERNATIONAL
104327 MALCOLM PIRNIE INC
104814 EBSCO
105803 WORKPLACE RESOURCE OF FLORIDA
106276 AIM ENGINEERING & SURVEYING INC
111221 DLT SOLUTIONS INC
103196 VILA & SON LANDSCAPE CORP
2,599.04
483,805.80
82,339.00
1,107.40
212,140.39
818.95
177,488.10
27,778.94
297.10
2,751.24
5,765.47
1,295.00
9,441.11
1,796.48
3,965.00
376.61
56.00
5,473.50
43,617.85
5,676.58
13,809.67
2,040.00
0.00
19,143.29
16,664.50
68,876.30
111,389.66
2,284.80
492.99
46,731.10
6,251.40
1,222.27
32,989.88
953.40
12,096.00
618.88
3,385.22
165,201.64
1,775.99
32,031.08
692.87
25,238.43
4,492.79
104,052.25
3,362.01
12,246.00
505.00
12,928.96
83,518.22
767.32
17,739.90
M1i- ~
10/23/2006 2000120642
10/23/2006 2000120643
10/23/2006 2000120644
10/23/2006 2000120645
10/23/2006 2000120646
10/23/2006 2000120647
10/24/2006 2000120648
10/24/2006 2000120649
10/24/2006 2000120650
10/24/2006 2000120651
10/24/2006 2000120653
10/24/2006 2000120654
10/24/2006 2000120655
10/24/2006 2000120656
10/24/2006 2000120657
10/24/2006 2000120658
10/25/2006 2000121189
10/25/2006 2000121190
10/25/2006 2000121191
10/25/2006 2000121192
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10/26/2006 2000121211
10/26/2006 2000121212
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10/27/2006 2000121224
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10/27/2006 2000121232
10/27/2006 2000121233
10/27/2006 2000121234
10/27/2006 2000121235
10/27/2006 2000121236
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Clerk of the Circuit Court
Collier County, Florida
RECEIVED
NOV 0 7 2006
Finance & Accounting Department
Roard of County C '.
ommJSSJoners
MEMORANDUM
Date: 11/06/06
To: Board of County Commissioners
From: Constance C. Murray, General Operations Manager
Finance Department/Clerk to the Board
Re: Board of County Commissioners Disbursements
Please find attached a listing of the disbursements for the Board of County
Commissioners for the period October 28,2006 through November 3,2006.
In accordance with Florida Statutes, Chapter 136.06(1), I request that these reports be
included as miscellaneous correspondence to the Board of County Commissioners and
made part of the official records.
If you have any questions regarding this correspondence, please telephone me at 774-
8481.
Misc. Corres:
DateJ l ~~{ O~
Item #: \(p r J A- ;L
Copies to:
11/06/2006
AP Line Item Report for Payroll Operations Mgr.1 ~.,
veha.bM
.."........-..'.......
............. .....
AP Line Item Report for Payroll Operations Mgr.
~?iYm~n#~m9W#t Q$~?J#;!.ngH Q$png@q@P
100973
104044
100628
100897
103231
104117
104136
111221
100813
1001
1005
1006
1010
103196
106703
112109
103291
103795
104468
109260
100677
100919
102052
103795
106746
103230
103490
100541
101770
102809
108057
112692
100378
100580
100848
101678
103196
103795
100628
100861
100378
104044
103959
106276
110345
106494
ENERGY RESOURCES INC
DOUGLAS N HIGGINS INC
COLLIER COUNTY SHERIFFS OFFICE
DWIGHT E BROCK CLERK OF COURTS
WASTE MANAGEMENT INC
FLORIDA ASSOCIATION OF COUNTIES
WASTE MANAGEMENT
DLT SOLUTIONS INC
DEPARTMENT OF COMMUNITY AFFAIRS
SUNCOAST SCHOOLS
NATIONWIDE RETIREMENT SOLUTIONS
ICMA RETIREMENT TRUST - 457
INTERNAL REVENUE SERVICE
VILA & SON LANDSCAPE CORP
WILSON MILLER INC
GULF COAST LANDFILL
WILLIS OF WISCONSIN INC
CDWG
GOVCONNECTION, INC
WORKPLACE RESOURCES
COMMUNICATIONS INTERNATIONAL INC
ECONOMIC DEVELOPMENT COUNCIL
MITCHELL & STARK CONSTRUCTION CO
CDWG
PROQUEST
WASTE MANAGEMENT INC
JOHNSON ENGINEERING INC.
CH2M HILL
KYLE CONSTRUCTION INC
SPILLIS CANDELA & PARTNERS INC
SPILLIS CANDELA
URS CORPORATION
BETTER ROADS INC
CITY OF NAPLES FINANCE DEPARTMENT
DISTRICT TWENTY MEDICAL EXAMINER
JOHNSON CONTROLS INC
VILA & SON LANDSCAPE CORP
CDWG
COLLIER COUNTY SHERIFFS OFFICE
DON HUNTER SHERIFF
BETTER ROADS INC
DOUGLAS N HIGGINS INC
MCDONALD TRANSIT ASSOCIATES INC
AIM ENGINEERING & SURVEYING INC
US BANK TRUST, N.A.
HDR
284,715.00
718,501.51
12,488,167.37
348,886.36
35,062.23
277,177.00
1,477.54
6,100.61
23,588.84
136,778.63
56,502.12
45,611.06
954,204.84
47,516.25
58,306.40
40,518.99
13,901.25
26,053.57
931.00
1,090.16
12,469.24
25,249.80
6,425.00
1,476.06
9,235.00
15,150.93
77,096.45
145,676.00
82,346.00
13,980.00
73,794.80
21,351.55
145,494.63
8,580.51
38,979.17
7,202.00
8,616.15
209.00
6,054.95
499.51
6,360.46
466,438.13
118,208.57
66,224.06
931,719.37
25,307.50
11/01/2006
11/01/2006
11/01/2006
11/01/2006
11/01/2006
11/01/2006
11/01/2006
11/01/2006
11/01/2006
11/03/2006
11/03/2006
11/03/2006
11/03/2006
11/02/2006
11/02/2006
11/02/2006
11/02/2006
11/02/2006
11/02/2006
11/02/2006
11/03/2006
11/03/2006
11/03/2006
11/03/2006
11/03/2006
11/03/2006
11/03/2006
10/30/2006
10/30/2006
10/30/2006
10/30/2006
10/30/2006
10/30/2006
10/30/2006
10/30/2006
10/30/2006
10/30/2006
10/30/2006
10/30/2006
10/30/2006
10/31/2006
10/31/2006
11/03/2006
11/03/2006
11/03/2006
11/03/2006
r:l/ljo>o/itV1
2000121779
2000121780
2000121781
2000121782
2000121783
2000121784
2000121785
2000121786
2000121787
2000121789
2000121790
2000121791
2000121792
2000121823
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2000121825
2000121827
2000121828
2000121829
2000121830
2000121842
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2000121845
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2000121849
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2000121239
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2000121248
2000121249
2000121250
2000121251
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2000121254
2000121851
2000121852
2000121853
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161 81
COLLIER COUNTY AIRPORT AUTHORITY
DATE:
PLACE:
TIME:
RECEIVED
NOV (J 1 2006
October 9,2006 BoardofCountyComm' .
Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114 IS$ioners
1 :00 pm
AGENDA
Any person who decides to appeal a decision of this Airport Authority will need a record of
the proceedings pertaining thereto and will need to ensure that a verbatim record of the
proceedings is made, which record will include all testimony and evidence upon which the
appeal is to be based. Fiala /
Ha/a~ =- ~~ :=
Hennrng
g~~~a == :1'/--=
l.
Pledge of Allegiance
II.
Introduction of Guests
III. Election of Officers
IV. Approval of Agenda
V. Approval of Minutes - September 11, 2006
VI. Finance Report - August 2006
VII. Executive Director's Report
VIII. Old Business
Advisory Board Membership
IX. New Business
A. Resolution 06-35 approving and authorizing the Authority's Chairman to execute
contract with Quality Enterprises, USA Inc. in the amount of$705,418.20 for the
construction of Taxiway "C" at the Immokalee Regional Airport. Funding for this
project is available from a Federal Aviation Administration (FAA) grant previously
accepted by the Board of County Commissioners.
B. URS Master Work Order List
C. Resolution 06-36 approving and authorizing the Authority's Chairman to execute URS
Work Order URS-FT-3889-08 in the amount of$51,290 for construction administration,
oversight and environmental compliance during construction of Taxiway "C" at the
Immokalee Regional Airport. Funding for this project is availableJronc an FAA grant
previously accepted by the Board of County Commissioners (BCCj~SC arreT I
Date: t l ~ d.-~t 0 ~
Item#: ll1I r 81
Y: IAdministrationlAA BoardlAgendall 0-09-06agenda.doc
(DC c~,
161 1
D. Resolution 06-37 approving and authorizing the Authority's Chairman to execute URS
Work Order URS-FT-3889-09 in the amount of$39,066 for construction administration
and technical oversight during the construction of an II-acre Detention Pond for Phase I
development at the Immokalee Regional Airport. Funding for this project is available
from previously accepted United States Department of Agriculture (USDA) and Florida
State Office of Tourism, Trade and Economic Development (OTTED) grants.
E. Resolution 06-38 approving and authorizing the Authority's Chairman to execute URS
Work Order URS-FT-3889-10 in the amount of$157,890 for the Immokalee Regional
Airport Master Plan Update. Funding for this project is available from an FAA grant
previously accepted by the BCC.
F. Resolution 06-39 approving and authorizing the Authority's Chairman to execute
Amendment #1 to URS Work Order #URS-FT-3889-04 to change the title ofthe work
order from "General Consulting Services up to September 30, 2006" to'''General
Consulting Services" and to extend the time period in the Scope of Work from "9-30-06"
to "9-30-07."
G. Resolution 06-40 rescinding Resolution 05-19, adopted December 12,2005, requesting
that the BCC approve and authorize its Chairman to execute a Sub-Lease Agreement
with Salazar Machine and Steel, Inc. This Sub-Lease Agreement was never put on the
BCC Agenda for approval.
H. Resolution 06-41 recommending that the BCC approve and authorize its Chairman to
execute a thirty (30) year Sub-Lease Agreement at ten cents ($0.10) per square foot with
Salazar Machine & Steel, Inc. to construct a minimum 20,000 square-foot
manufacturing/warehouse facility on one and one-half (1.5) acres at the Immokalee
Regional Airport/Tradeport.
I. Resolution 06-42 recommending that the BCC approve and authorize its Chairman to
execute a forty (40) year Sub-Lease Agreement at ten cents ($0.10) per square foot with
C-Tech Manufacturing Florida, LLC to construct a minimum 196,000 square-foot
manufacturing facility on 15.3 acres at Immokalee Regional Airport/Tradeport.
J. Resolution 06-43 recommending that the BCC approve and authorize its Chairman to
execute a thirty-five (35) year Sub-Lease Agreement at ten cents ($0.10) per square foot
with Robert Forbis, Inc. dba Premier Electric to construct a minimum 35,000 square-foot
facility on eleven (11) acres at Immokalee Regional Airport/Tradeport.
K. Adopt Interim Airport Layout Plan (ALP) for Immokalee Regional Airport, contingent
on Federal Aviation Administration acceptance.
X. Public Comment
XI. Adjournment: Next Meeting: November 13.2006
Y: IAdministrationlAA BoardlAgendallO-09-06agenda.doc
1618 -1
COLLIER COUNTY AIRPORT AUTHORITY
MINUTES OF REGULAR MONDAY, SEPTEMBER 11,2006 MEETING
MEMBERS Robin Doyle
PRESENT: Richard Schmidt
Jim Peterka
Byron Meade
Gene Schmidt
STAFF:
Theresa M. Cook
Tom Palmer
Robert Tweedie
Debi Mueller
Debbie Harnaga
PUBLIC:
Joan McGinnis
Michael Klein
I. MEETING CALLED TO ORDER
Meeting called to order at 1 :05 p.m. A quorum was present throughout the meeting.
III. APPROVAL OF AGENDA
The following item was added to the Agenda under VII. New Business:
F. Executive Director's Performance Evaluation
Mr. Richard Schmidt then made a motion to approve the agenda as amended. Mr. Gene
Schmidt seconded, and the Agenda, with the above addition, was approved by a 5-0 vote.
IV. APPROVAL OF MINUTES
The August 14, 2006 Minutes of the Authority were unanimously approved, after motion to
accept by Mr. Gene Schmidt, seconded by Mr. Jim Peterka.
V. FINANCE REPORT
Debi Mueller stated that Jet A fuel sales are up at Immokalee, and Avgas sales are down. Jet A
sales have increased because the crop dusting operation at the Immokalee Airport is now
purchasing fuel from the Authority. The prior crop dusting business, Airworks, had its own
fuel farm and paid only a flowage fee. Debi also indicated that the Immokalee Airport
Managers' position has been vacant for approximately six months, and that the Authority plans
to utilize those salary cost savings to purchase a CAD plotter and Auto-CAD light software
whereby staff can make revisions to plans and drawings and can develop different scenarios
rather than the Authority having to pay consultants for such items. No action required.
Y:lAdministrationlAA BoardlMinutes\2006\09-11-06 minutes TCP edits 9-13-06.doc
16#.. If; r?
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41
,
.'1.
VI. EXECUTIVE DIRECTOR'S REPORT
Ms. Cook provided a brief status update of the major projects at each airport.
Immokalee Regional Airport
. The Airport Authority Received three proposals in response to the Request for Proposal
(RFP) for Commercial Development and Use at the Immokalee Regional Airport. All
three applicants were selected for Sub-lease negotiations. Theresa anticipates having
sub-leases for each of the three developers on the October 9, 2006 Agenda for the
Board's approval.
. The Site Development Plan (SDP) for the Lake and Taxiway at the Immokalee Airport
was rejected for a second time. The SDP will be resubmitted on October 15, 2006 and
is expected to be completed by November 15, 2006. Theresa will schedule a meeting
with Ralph Hester next week regarding the impact the Lake and Taxiway will have on
the racetrack.
. Taxiway contract negotiations for deductions and changes are scheduled for September
13,2006. URS will handle construction oversight on the Taxiway Project.
. It is anticipated that the Lake should go out to bid in November. URS will also handle
the construction oversight on this Project.
. Staff is conducting an audit of Hole Montes work orders pertaining to environmental
issues to verify the Authority is being fairly/accurately charged.
. A Grant for a Master Plan Study at the Immokalee Airport has been accepted. The
Airport Authority Board will hold an "Immokalee Airport Master Plan" Workshop on
October 9 at 1 0:00 AM. at the Marco Island Executive Airport immediately before the
Airport Authority's regular meeting. Following the workshop a kickoff meeting will be
scheduled with the Master PlanlPUD committee and URS.
Marco Island Executive Airport
. A Grant for a Master Plan! Airport Layout Plan Update of the Marco Island Airport has
been accepted. Theresa tasked the Airport Manager, Bob Tweedie, to create a "Marco
Island Airport Master Plan" Committee.
Everglades Airpark
. Staff met with insurance adjusters to discuss a monetary settlement regarding property
damage and revenue losses that resulted from Hurricane Wilma damage at the
Everglades Airpark. A settlement offer is expected from the insurance company within
the next week.
VII. NEW BUSINESS
A. Mr. Peterka made a motion to approve Resolution 06-30 affirming the County Manager's
acceptance and execution ofa Federal Aviation Administration (FAA) Grant Agreement on
August 21, 2006 for $149,435, subject to ratification by the Board of County
Commissioners (BCC) on September 12, 2006, to fund an update of the Airport Master
Plan Study for the Immokalee Regional Airport. Mr. Gene Schmidt seconded, and
Resolution 06-30 was approved unanimously.
2
Y'\Administration\AA BoardlMinutes\2006\09-11-06 minutes TCP edits 9-13-06.doc
161
B. Mr. Gene Schmidt made a motion to approve Resolution 06-31 approving and authorizing
the Authority's Chairman to execute URS Work Order #URS-FT-3889-07 in the amount of
$110,850 for an update of the Master Plan! Airport Layout Plan for the Marco Island
Executive Airport, subject to ratification by the BCC on September 12,2006 of acceptance
of an FAA Grant Agreement for subject Master Plan Update. Mr. Peterka seconded the
motion, and Resolution 06-31 passed unanimously.
C. Mr. Gene Schmidt made a motion to approve Resolution 06-32 approving a Disadvantaged
Business Enterprise (DBE) goal of 8.5 percent for FAA funded airport improvement
projects at the Immokalee Regional Airport during fiscal year 2007. Mr. Meade seconded,
and Resolution 06-32 passed unanimously.
D. Mr. Peterka made a motion to approve Resolution 06-33 rescinding Resolution 06-12
approved on May 22, 2006 which approved and authorized execution of Amendment
Number 3 to Hole Montes Work Order CCAA-02-03 for $22,800 to extend and re-bid
Taxiway "c" and revise the Site Development Plan (SDP) application for the Im.mokalee
Regional Airport. Amendment Number 3 to Work Order CCAA-02-03 was never
executed, and the number was subsequently inadvertently assigned to a Deduct Work Order
Amendment. Mr. Gene Schmidt seconded, and Resolution 06-33 passed unanimously.
E. Mr. Peterka made a motion to approve Resolution 06-34 approving and authorizing the
Authority's Chairman to execute Hole Montes Work Order CCAA-06-01 for $28,800 for
the redesign, permitting and rebidding of Taxiway "c" at the Immokalee Regional Airport,
subject to ratification by the BCC on September 12, 2006 of acceptance of an FAA Grant
for subject Taxiway Project. Mr. Gene Schmidt seconded, and Resolution 06-34 passed
unanimously. Chairman Doyle abstained because of conflict of interest, and signed the
Conflict of Interest standard form. (Copy attached.)
F. The Authority's Chairman summarized the Board members' comments regarding the
Executive Director's performance evaluation stressing that Theresa Cook's overall
performance is better than "very good." Based on her performance from September 1, 2005
through August 31, 2006, the Chairman recommended that Theresa be granted a $5,000
bonus and a ten (10.0) percent salary increase. The recommendation was followed by a
motion by Mr. Meade, seconded by Mr. Peterka. The Board voted unanimously to grant
Theresa a $5,000 bonus and a ten (10.0) percent salary increase. The Office Manager,
Debi Mueller, stated that the $5,000 bonus is available in the Authority's 2006 fiscal year
budget, and that the ten (10.0) percent salary increase would require a budget amendment to
the fiscal year 2007 budget request.
VIII. ADJOURNMENT
Prior to adjourning, the Authority confirmed that the "Immokalee Master Plan!PUD"
Workshop will be October 9, 2006 at 10:00 A.M. at the Marco Island Executive Airport. The
authority also declared that as the first item on the October 9, 2006 Agenda, the Airport
Authority Board will elect its new officers.
Chairman Doyle then adjourned the meeting "without objection."
3
Y:lAdministrationlAA BoardlMinutesI2006\09-11-06 minutes rep edits 9-13-06.doc
l'Sri B 2
K-LvrseJ
GOLF ESTATES BEAUTIFICATION MSTU V
ADVISORY COMMlnEE Fiala
2705 HNorse,shOFel3D4rilvOe4south HHaelnanSmg v~
ap es, . i/'
Coyle /'
Coletta _Y
November 16, 2006
Aaenda
RECEIVED
NOV 0 2 2006
I. Call meeting to order
II. Attendance
III. Approval of Agenda
IV. Approval of Minutes - October 19, 2006
V. landscape Maintenance Report - ClM
A. Update on landscaping
Board of County Commissioners
VI. landscape Architect's Report - Mike McGee
VII. Housekeeping Items
A. Board Member Vacancy
VIII. Transportation Operations Report
A. Project Manager Report - Darryl Richard
1. Doral Electrical Project
IX. Budget Report
A. Budget Committee - Tessie Sillery & Bob Cole
X. Committee Reports
XI. Old Business
A. Preliminary landscaping Design Work for Pebble Beach Blvd.
Crossover- Michael McGee
B. Should other areas where the Golf Course buts up to our
subdivision streets be improved?
C. Procedure to Report Problems
XII. New Business
XIII. Public Comments
XIV. Adjournment
The next meeting will be December 21,2006 at 4:00 PM
Collier County Transportation BuildinglEast Conference RoorWisc carres. \
2885 Horseshoe Dr. South, Naples, FL 34104 II \'Ly 0 b
Date: \
Item #: \ la:C I l3 2~
Copies to
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161
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2
GOLf ESTATES BEAUTifiCATION MSTU
ADVISORY COMMlnEE
2705 Horseshoe Drive South
Naples, FI 34104
october 19, 2006
SUMMARY
A quorum was established the minutes and agenda were approved.
VI. Landscape Architect's Report - Mike McGee
A. Doral Median Update
Darryl Richard distributed and reviewed the documents "Lely Golf
Estates MSTU Doral Circle Irrigation & Landscape Renovation" and
"E.B. Simmonds Electrical, Inc" (see attachments).
Bob Cole moved to recommend Commercial Land Maintenance to
do the job. Second by Tony Branco. Motion carries unanimously
3-0.
Bob Cole moved to reject the quote from E. B. Simmonds and go
out for quotes from Kent and any other non-annual contractors.
Second by David Larson. Motion carries unanimously 3-0.
Bob Slebodnik met with Eugene Calvert, Dianne Flagg, Darryl
Richard and Tessie Sillery about the storm water just down from the
cart path. He demonstrated pictures that were taken during a rain
storm on August 19th and after a rain that showed flooding on Pebble
Beach Blvd. He distributed and reviewed an Executive Summary (see
attachment) demonstrating that charge of the Lely Golf Estates
Beatification MSTU. When he met with Eugene Calvert he mentioned
his four year report that he had given to the Board of County
Commissioners that not all of the items of work mentioned at that
meeting were performed. Bob Slebodnik mentioned that Eugene
Calvert had said that they do not have enough money to fix the
drainage problem, so Dianne Flagg suggested splitting the cost
between the Lely MSTU and Storm Water Management. A
memorandum from the County Attorneys Office was reviewed and
distributed (see attachment).
1
16 J 82
Bob Cole moved to accept the foxtail plan for Pebble Beach Blvd.,
and have Bob Slebodnik review it with Golf Course personnel so
that at the next meeting it can be recommended to proceed or to
not proceed. Second by David Larson. Motion carries
unanimously 3-0.
VII. Housekeeping Items
B. Board Members Expiration of Terms - existing vacancy
Bob Cole moved to have Mr. Slebodnik be accepted as a
continued member of this Advisory Board. Second by David
Larson. Motion carries unanimously 3-0.
IX. Budget Report
A. Budget Committee - Tessie Sillery & Bob Cole
Bob Cole moved to have the format for the budget report continue
as is and that the MSTU Board set line item values. Second by
David Larson. Motion carries unanimously 3-0.
XI. Old Business
B. Beatification project at Augusta Blvd. and Forest Hills
Bob Cole moved to review the Forest Hills/August intersection
improvement plans and get estimated cost to decide what to do at
the next meeting. Second by Tony Branco. Motion carries
unanimously 3-0.
2
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-".~"
. ~i~
GOLF ESTATES BEAUTIFICATION MSTU
ADVISORY COMMITIEE
2705 Horseshoe Drive South
Naples. FI 34104
October 19. 2006
MINUTES
I. The meeting was called to order by Vice Chairman Bob Cole
II. Attendance
Members: Tony Branco, Robert Cole, David Larson.
County: Darryl Richard- Project Manager, Tessie Sillery- MSTU Project
Coordinator
Others: Michael McGee- McGee & Associates, Robert Kindelan, Robert
Slebodnik- Public, Michelle Guerrero- Mancan
III. Approval of Agenda
Add:
- Line item "VIII. Transportation Operation Report, A. 1. Phase II St.
Andrew Blvd"
- Line item "VIII. Transportation Operation Report, A. 2. Painting of
median tips on St. Andrews Blvd. (County Foul up)"
Line item "XI. Old Business, B. Beatification project at Augusta Blvd.
and Forest Hills"
- Line item "XII. New Business, A. Procedures to Report Problems"
Tony Branco moved to approve the agenda. Second by David
larson. Motion carries unanimously 3-0.
IV. Approval of Minutes - August 17,2006
Tony Branco moved to approve the August 17, 2006 minutes.
Second by Bob Cole. Motion carries unanimously 3-0
V. landscape Maintenance Report - ClM
A. Update on Landscaping
1
Robert Kindelan reported:
Irrigation issues were addressed.
- A main line was broken due to construction (by Vila and Sons); the
line is being repaired.
Trees on Pebble Beach will be restaked (median #17).
161 B 2
A guava tree should be removed by the Pinehurst Estates monuments
and replaced with a tree that Michael McGee feels is suitable for the
location.
Mulch should be laid in November right before the Thanksgiving
Holiday.
It was requested of Bob Kindelan to check on missing valve box
covers.
VI. Landscape Architect's Report - Mike McGee
A. Doral Median Update
Darryl Richard distributed and reviewed the documents "Lely Golf
Estates MSTU Doral Circle Irrigation & Landscape Renovation" and
"E.B. Simmonds Electrical, Inc" (see attachments).
Bob Cole moved to recommend Commercial land Maintenance to
do the job. Second by Tony Branco. Motion carries unanimously
3-0.
Open discussion ensued on the quote received from E.B. Simmonds
Electrical Inc.; noting that there isn't a need to "refeed existing sign
light and relamp". It was suggested to go out for bids with non-annual
contracted companies.
Michael McGee brought out that the quote does not cover setting the
light fixtures.
Bob Cole moved to reject the quote from E. B. Simmonds and go
out for quotes from Kent and any other non-annual contractors.
Second by David larson. Motion carries unanimously 3-0.
Michael McGee distributed and reviewed "Lely Golf Estates MSTU
Palm Tree Removal and Replacement Project" (see attachment).
It was suggested not to start on the project until the end of May, after
season.
Michael McGee distributed three renderings of possible landscaping
for the cart path crossing on Pebble Beach Blvd.
2
1 ~ " 'ii,
Bob Slebodnik met with Eugene Calvert, Dianne Flagg, Darryl k') i.':~, "
Richard and Tessie Sillery about the storm water just down from the
cart path. He demonstrated pictures that were taken during a rain
storm on August 19th and after a rain that showed flooding on Pebble
Beach Blvd. He distributed and reviewed an Executive Summary (see
attachment) demonstrating that charge of the Lely Golf Estates
Beatification MSTU. When he met with Eugene Calvert he mentioned
his four year report that he had given to the Board of County
Commissioners that not all of the items of work mentioned at that
meeting were performed. Bob Slebodnik mentioned that Eugene
Calvert had said that they do not have enough money to fix the
drainage problem, so Dianne Flagg suggested splitting the cost
between the Lely MSTU and Storm Water Management. A
memorandum from the County Attorneys Office was reviewed and
distributed (see attachment).
;;
--
Michael McGee mentioned that beatifying the cart path on Pebble
Beach Blvd. would cost around $8,000.
Mr. Cole mentioned that other golf crossing areas might also be looked
at for beatification.
The issue on drainage was suggested to be taken before the Board of
County Commissioners.
Bob Cole moved to accept the foxtail plan for Pebble Beach Blvd.,
and have Bob Slebodnik review it with Golf Course personnel so
that at the next meeting it can be recommended to proceed or to
not proceed. Second by David Larson. Motion carries
unanimously 3-0.
VII. Housekeeping Items
A. Traffic Sign at St. Andrews Entrance & Median #19 Update
The traffic sign at St. Andrews entrance has been replaced.
The Lely Golf Estates Home Owners Association has agreed to
replace the sign a tip of median #19. It was suggested to have a 36"
high sign depending on restrictions by traffic operations.
B. Board Members Expiration of Terms - existing vacancy
Bob Cole moved to have Mr. Slebodnik be accepted as a
continued member of this Advisory Board. Second by David
Larson. Motion carries unanimously 3-0.
The applicant Dr. Shari Curet is not located within the MSTU territory.
The Committee would like to invite Kathleen K. Dammert to the next
meeting.
3
16~1 B1 -
c. Meeting with Storm Water Management personnel on August 24~
regarding drainage issues that occurred on August 19th.
Previously addressed.
VIII. Transportation Operations Report
A. Project Manager Report - Darryl Richard
Darryl Richard distributed and reviewed the report (see attachment).
The allamandas that were removed by mistake from the right-of-way
on St. Andrews Blvd. will be addressed with Vila and Sons tomorrow.
IX. Budget Report
A. Budget Committee - Tessie Sillery & Bob Cole
Tessie Sillery distributed and reviewed the budget (see attachment).
Lisa Hendrickson will be creating the budgets in the future.
Bob Cole moved to have the format for the budget report continue
as is and that the MSTU Board set line item values. Second by
David Larson. Motion carries unanimously 3-0.
X. Committee Reports
No reports.
XI. Old Business
A. Preliminary Landscaping Design Work for Pebble Beach Blvd.
Crossover- Michael McGee
Previously addressed.
B. Beatification project at Augusta Blvd. and Forest Hills
Bob Cole moved to review the Forest Hills/August intersection
improvement plans and get estimated cost to decide what to do at
the next meeting. Second by Tony Branco. Motion carries
unanimously 3-0.
XII. New Business
A. Procedures to Report Problems
At this time it was said to contact Darryl Richard, Tessie Sillery or
Commercial Land Maintenance if any problems are detected in the
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Lely Estates Beautification MSTU
16/ 8
2,
Monthly Activity - September end of Fiscal Year 05-06 - Meeting Report
Sub-Title Amount
Electrici Iv FP&L - 273 Pebble Beach 8.45
Electrici Iv St. Andrews 33.10
Electrici Iv St. Andrews 35.32
Electrici Iv 64 Pebble Beach 8.45
Electrici Iv 65 Pebble Beach 8.45
Electrici Iv FP&L - Doral Circ & Rtsn #Sian 17.05
Electricity FP&L -84 Valley Stream 8.45
Total 119.27
Other Contractual CLM - Lelv median Paintina tiDS 992.42
Other Contractual CLM - Julv G M. 1,037.00
Other Contractual CLM - June G.M. 1,037.00
Other Contractual CLM - SeDt. GM 2,546.82
Other Contractual CLM - Hurricane Wilma 589.61
Other Contractual CLM- Tropical Storm Ernesto - Median #5 540.84
Other Contractual CLM - Auausta woods & forest hills sianaae 472.00
Other Contractual CLM - Lelv median 5 & 8 967.18
Other Contractual CLM - Auaust - GM 3,930.37
Total 12,113.24
Water /Sewer Collier Utilities -Warren St. 68.44
Water /Sewer Collier Utilities -Warren St. 60.32
Water /Sewer Collier Utilities - Vallev Stream 28.46
Water /Sewer Collier Utilities - Vallev Stream 14.95
Water /Sewer Collier Utilities - Doral Circle 21.47
Water /Sewer CollierUtiliues-Dora/Cifde 26.13
Total 219.77
Other Misc. Servo Mancan - Minutes 251.90
Other Misc. Servo Mancan - Minutes 6.30
Other Misc. Servo Mancan - Minutes 213.94
Total 472.14
McGee - Work order TLO-MA-05-05 - 4th FY05-06
Other Enaineerina Quarter billina 2,128.75
McGee - Work order TLO-MA-05-05 - Limited
Other EnQineering Refurbishment 505.00
Total 2,633.75
Other Operating Shewin Williams 146.25
Total 146.25
Total Operatina Invoices Paid 15,558.17
.....
161
t ~2
Lely Estates Beautification MSTU
P.O. History - po Amounts
Enaineerina LA McGee $11.088.75
Other Contractuals Commercial Land - General Maint $45,997.00
Other Contractuals Commercial Land - Incidentals $8,000.00
Other Operatina Supplies Sherwin Williams $146.25
Water & Sewer Collier County Utilitv $9,415.00
Electricitv FP&L $1,050.00
Sprinkler Systems John Deere $500.00
Sprinkler Systems Florida IrriQation Supply Inc. $400.00
Liahtina Maint. EB Simmons $5,000.00
Other Miscellaneous Mancan, Inc. $3,000.00
FertlHerb/Chem Pro-source $1,500.00
PrintinQ Midwest $500.00
Emea #8 - Wilma Hurricane Commercial Land $19,400.00
Emea #8 - Wilma Hurricane Commercial Land - increase $5,522.50
Commercial Land - PlantinQ on pinehurse $3,490.42
FertlHerb/Chem Forestrv Resource 5,300.00
Eelctrical Contractor Lely Civic Assoc. - 1/2 of solar liahtina 2,176.58
Capital Improvements Lumec - Phase II 15,950.00
Capital Improvements EB Simmons - Phase II 23,010.00
Caoitallmorovements EBSimmons - Phase II 212.41
Capital Improvements Siancraft 4.393.00
Capital Improvements Kent TechnoloQY - install & Maint liQht fixture 1,165.00
Caoitallmorovements Commercial Land - Plant reolacement -oinehurst sian 3,498.22
Capital Improvements Siancraft 7,752.00
16/8 2
October 19, 2006
Prepared by:
Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes
Tessie Sillery, Operations Coordinator, eollier County Department of Alternative Transportation Modes
Lelv MSTU Proiect Status
(L-28 ) -ACTIVE- PEBBLE BEACH OVERPASS PROJEeT -Road & Bridge to reconstruct asphalt on
overpass. No confIrmation of schedule from R& B as of today - 3-6-06 and as of 5-15-06
5-30-06; Stormwater Director (ealvert) is working on project estimate and scope. To be complete within 2
weeks.
7 -18-06: Jerry Kurtz reports project is not funded this fiscal year and there are no immediate project
needs.
8-17-06: Lely MSTU Committee request review of project and reconsideration for project schedule.
8-18-06: Eugene Calvert sends email indicating that the project is not scheduled/funded by Stormwater.
8-22-06: eommittee has requested review of previous determination by Stormwater that the project does
not warrant action by Stormwater. ATM Liason Staff has set up a meeting on August 24,2006 at 1:00 PM
to discuss.
8-24-06: Staff meets with eommittee ehairman Bob Slebodnick to review project.
9-1-06: RLS sent to Scott Teach to confirm that the MSTU can fund 50% of $65,000.00 project;
Stormwater Dept. would fund other 50%.
9-11-06: RLS response by Scott Teach indicates that the MSTU cannot fund the project. Pending
eommittee action to cancel project, the project cannot be funded by MSTU funds.
(L-26) - ACTIVE - Order for new Sign - Pebble Beach Median #19
8-17-06: Lely MSTU Committee requested that Staffhave Lykins provide quote for downed sign at median
#19 Pebble Beach Drive.
8-31-06: Staff request that Lykins provide quote for issue of PO.
9-8-06: Quote Received, but committee did not approve the amount.- only to get a quote.
10-9-06: Staff requires Lely MSTU Committee approval for this item in order to proceed.
(L-25) - ACTIVE - PALM TREE REPLACEMENT - MCGEE recommendations pending as per
committee request. Committee is interested in Foxtail Palms. -
7/18106: Mcgee provided quote and committee waiting for phase II before proceeding with project.
8-17-06: McGee formal written proposal is pending.
8-17-06: Staff request a formal written proposal from McGee & Associates at MSTU Meeting.
8-22-06: Written Proposal from McGee is pending.
9-11-06: Anticipated delivery date 9-30-06
(L-24) -ACTIVE -DORAL eIRCLE LANDSCAPE, IRRIGATION, AND LIGHTING PROJECT - Need
eommittee Action for award of quote
6-15-06; Quotes received, issues with quotes and discrepancies identified, Committee requested that staff
re-quote project with clarification concerning the discrepancies.
6-27-06: Waiting on quotes.
7 -18-06: Need a ~ Schedule from McGee & Associates and electrical engineering
8-17-06: Quotes from Annual Contractors for Electrical Installation/Design is pending.
8-21-06: Meeting with Bernie Simmonds to answer questions regarding quote request.
8-21-06: Owner of Kent Technologies Thom Esch offIce visit. Thom receives updated copy of plans.
8-22-06: Quotes from Annual Contractors is pending. Due date is August 29, 2006.
8-31-06: Vendors contacted regarding quote: Kent confirms that they will quote. Simmonds will get back
to staff on 9-1-06.
9-3-06: E.B. Simmonds Electrical quote received for $15,725.00 total electrical installation. Poles By
eounty.
16182
9-5-06; Bid Schedule revised and sent out.
9-12-06: Bids received by Hanula / CLM & no quote on Advance
(L-23) -ACTIVE- (FDOT) Lely Phase II-Landscape and Irrigation; Final 100% Design Approved by
FDOT; Permit received from Bryan Dennis FDOT; Waiting on Notice to Proceed from FDOT (requires
checklist approval); Checklist has been submitted to FDOT for approval.
5-1-06; FDOT Notice to Proceed is pending. ehecklist has been approved.
5-15-06; Notcie to proceed still pending, checklist has been approved.
5-30-06; FDOT NTP and drawings delivered to purchasing - pending advertisement from purchasing.
6-5-06: eontract Letting by Purchasing, Bids due by 6-30-06; BCe Approval for 7-25-06 meeting (Novus
Deadline of7-10-06)
6-12-06: Bids are due June 30, 2006 - bee 7-25-06
6-15-06; Pre-Bid Meeting on June 20, 2006
6-27-06; Addendum #1 - in progress.
7-18-06; BCe to award bid to Vila & Sons -7-25-06
7-25-06: BCC Approved Vila & Son Contract
8-17-06: Purchasing reports that Vila & Sons is completing paperwork for FDOT portion of contract and
will return it back to Purchasing prior to issue ofeontractlPurchase Order.
8-22-06: Vila & Sons to return paperwork to purchasing and anticipate availability for project within 2
weeks. Signed contract from Purchasing/County Attorney Office is pending. NTP is anticapted on
September 5,2006.
9-1-06: Contract sent to County Attorney Office for signature by Brenda Brilhart.
9-5-06: Conversation with Kay Nell indicates that Coleen Green is assigned to review contract. She suggest
a follow-up call in 48 hours for confirmation of approval.
9-19-06: Notice to Proceed for Vila & Son; project begin: September 19,2006 with 90 day contract period
ending December 18,2006.
(L-22) - AeTIVE - On Hold Per eommittee Request - Augusta Boulevard at Forest Hill Sign & Planting
Project - Status: Mike McGee has completed 100% plans for project; Presentation to Golf eourse
Management resulted in positive approval for project; Waiting on cost estimate from McGee & Associates.
5-30-06; Drawings dated 7/14/05 received from McGee;- Project will be scheduled for construction after
phase II is completed.
7-18-06: Committee has placed project on hold until phase II completes.
8-22-06: Project is on hold with 100% plans approved by Golf Course and MSTU eommittee.
(L-27) - COMPLETE - Order for new Sign at Entrance Lely MSTU US 41 at St. Andrews; Lykins quote
for $760.00 approved by eommittee on July 20, 2006.
7-24-06: Staff request to purchase for Lykins in the amount of$760.00
8-17-06: Lykins installation of sign pending.
8-22-06: PO issued to Lykins for installation of sign. Installation to be complete by 2nd week Sept.
8-31-06: Proof will be forwarded to Staff on 9-1-06 for review.
9-7-06; Darryl approved the proof.
9-22-06: Lykins begins installation of sign.
10-1-06: Lykins installation complete
(L-21) COMPLETE - Flag lighting - not working.-
Anticipated completion date - September 30th, 2006
8-17-06; Eb Simmonds contacted for lighting and flagpoles and took care of problem under contract - no
fee charged
10-10-06: Lights reported 100% operational by Committee Chairman
(L-l) - COMPLETE- Spraying of Exotic vegetation at St. Andrews Canal-Travis Gossard contacted
regarding request for re-spraying of exotics.
8-22-06: Danny Dominguez confIrms that the re-spraying of the eanal has taken place.
161 2
(L -2) - COMPLETE--Painting of Curbs and Yellow Paint at Median Tips
6-15-06; Estimate for work approved minus purchase of material (paint). Staff to obtain material separate
to Commercial Land Maintenance proposal.
6-23-06: Requested Gerald Morris to let us know - R&B painting schedule and paint in stock?
7-6-06 : Gerald emailed giving us an update on their painting schedule and asked J.Vliet to respond to us.
7-18-06; Spoke to John Vliet and he stated to make sure to use FDOT standards on paint and not to
change anything. Just repaint.
7-18-06; Will purchase paint at Sherwin Williams and provide to CLM.
7-20-06: Paint and materials dropped off to CLM
8-15-06: CLM performing painting, curbs completed, painting of numbers not complete
8-22-06: Project is completed.
(L-3) -COMPLETE -Sign Plantings of Crown of Thorn (Augusta at Forest Hill) - eLM directed to plant
crown of thorn at existing sign on July 20,2006.
8-14-06: Inspection indicated that plantings had not occurred CLM contacted.
8-22-06: Plantings of Crown of Thorn is completed.
( L-4 ) COMPLETE- Solar lighting - HOA Project - Augusta Boulevard at Forest Hill Sign Lighting
Project- HOA to fund installation, MSTU to pay for Yz of construction cost.
5-15-06: Pending Purchasing approval
5-30-06: Kent Tech is revising their estimate as per contract.
6-12-06: Kent tech has provided requested quote, item being processed by Finance/Purchasing
( L-5 ) -COMPLETE-Lely Phase II- (Electrical & Lighting & Irrigation Controlers): - eonstruction Cost:
EB Simmonds eost $23,010.00; Lumec eost $17,050.00 ($1,550 per pole w/ 11 poles)=Total Project
$40,060.00. E.B. Simmonds is complete, FPL to power up Meter-pending.
5-1-06; FPL and EB Simmonds work complete.
( L-6 ) COMPLETE-Potable Water Meter Removal
( L 7 ) -COMPLETE-Repair of Asphalt on Forest Hill - COMPLETE ;Andy Vanisak, Road & Bridge,
performed repairs to the area at no cost to the MSTU; Initial Repair Complete
(L-8 ) Flag Replacement- COMPLETED-Flag Order for poles at St. Andrews and US 41
6-15-06; As per committee request the flags will be ordered Twice a year or "as needed"
( L-9 ) -COMPI .ETE-Lely Phase I- eomplete (3/1/05) - COMPLETED
(L-lO ) -COMPLETE-Drainage Project -Pebble Beach Road- Non-MSTU Project
(L-ll ) -COMPLETE-Drainage Project -St. Andrews Boulevard-Embankment Cleaning- 100%
(L-12) COMPLETE-Baltusrol Culvert Inlet Clean-Out
5-12-06; Project Competed by eommercial Land Maintenance
(L-13 ) -COMPLETE-Baltusrol Overpass Asphalt Repair - at the request of the Committee Chairman
Road & Bridge performed the repair.
3-10-06; Project eompleted by Road & Bridge
( L-14 ) -COMPLETE-Baltusrol Tree near lift station; Committee requested staff investigate weather the
tree identified near the existing lift station was the responsibility of the MSTU to maintain as it was
1 (;c f
11
Vll~
U
2
severely damaged by Hurricane Wilma, had been subsequently removed by others, and a huge stump
remained.
2-2-06; Investigation by Staff concludes that the tree stump is outside of the Right of way on Baltusrol and
that the tree is either on Golf Course Property or Lot owner at Lot 133 Baltusrol.
( L-15) COMPLETE- "Pinehurst Estates" Sign Area on Baltusrol Landscape Project; Refurbishment
Project to address the non-planted areas around the existing signs for the entrance into Pinehurst Estates-
Lely MSTU Area.
5-5-06; Project Completed by Commercial Land Maintenance.
( L-16) COMPLETE-Doral Circle: Pepper Tree Removal
6-1-06; Road & Bridge Contacted concerning the removal of pepper tree within eounty Right of Way.
6-15-06; Pepper Tree reported removed
( L-17 ) -COMPLETE-Doral Circle Sign Lighting Project
3-15-06Project eompleted by Kent Technologies under contract with Lely MSTU.
(L-18 ) -COMPLETE-Doral Circle Bench Area Refurbishment Project. eommittee directed staff to obtain
quotes for eommercial Land Maintenance to pressure clean pavers and apply protective sealant, replace
decking on benches, and reset shrubs in planted beds.
2-10-06; Project reported complete by eommercial Land Maintenance.
(L-19 ) - On Hold- Phase II Project; Advanced Bench Order and Installation; As per Committee request
quote was requested of Commercial Land Maintenance for the installation of benches to include storage.
The order for the benches was on hold due to the storage issue. As per the Bid Letting on June 5, 2006 and
following Pre-Bid meeting the benches are to be included in the bid for Phase II Project as an alternate.
(L-20) - COMPLETE -FLAG POLE REPLACEMENT-
a. Received Quotes from annual contractors and other vendors. Lykens Sign Tech was low quote.
Purchasing recommended Lykens Sign Tech, committee cancelled project.
b. eommittee has requested CLM to demolition existing poles and bases as per annual contract rates not to
exceed $2,500.00 After demolition, quotes will be requested from Sign eompanies.
5-1-06; PO issue is pending as per Committee Approval.
5-15-06; Sign eraft received NTP on 5-12-06 and waiting on material order- drawing prepared.- 3 weeks
estimated for poles to be received.
6-12-06: flag poles to arrive within 1 weeks. - on site meeting with contract to confirm locations.
6-15-06; Flag poles and all materials received by contractor; Installation to begin upon receipt of Permit
from eollier eounty Sign Permitting.
6-27-06 : to be installed by June 30th pending CDS review of construction pad
7-3-06: Flag Poles are up with flags. For 4th ofjuly..!!!!
161 "p.
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OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANDUM
2~
TO:
Darryl Richard, Project Manager, ATM Transportation Division
Scott R. Teach, Assistant County Attorney -$'12-:r::-
RECEIVED
SEP 1 4 2006
FROM:
DATE:
September 11, 2006
RE:
Pebble Beach Overpass Project I RLS 06-TRN-00060
'fra 1 j.s !.Iv t"l. a ~i\) u
ATM Dept.
Your above referenced Request for Legal Services asks whether the Lely MSTU can participate
in a joint project with Stormwater Management on the Pebble Beach Overpass Project. The
project includes replacement of a culvert crossing on Pebble Beach Boulevard, replacing existing
concrete headwalIs and laying Bahia sod over the ex.isting asphalt apron area. The LOtal cost of
the project is $65,000. Stormwater Director, Eugene Calvel1, initial1y states in an August 18,
2006 e-mail that he is unable to assist in this project because it is "primarily aesthetic in nature
with minimal benefit to stormwater conveyance." The crux of your question is whether Lely
MSTU dollars can be spent on the project where the Lei y MSTU Ordinance defines its purpose
as "beautifying and maintaining the median strips of streets and certain other public areas within
the P7lit as determined by the Advisory Committee."
11;;, difficult br me to provide a legal opinion, despite the fact that the Stormwater Dire.ctor has
said that ~he project i~; "pnmariiy" aesthetk ill nature. Is the project 51% aesthetic in natme? Is
the replacement of a culvert or headwall primarily aesthetic? At first glance it doesn't appear so.
In any event, now the Stormwater Director's proposal is to evenly split the cost of the project
with the Lely i\ISTU at $32,500 apiece.
Certainly, replacing sod ...vhere there was once- asphalt could be an aesthetic improvement
consistent with the purpose of why the MSTU was created. Is the replacement of the headwall
an improvement to promote beautification of the MSTU? Perhaps, if it is attractive or green
such that it may blend in with the natural surroundings; but I find it unlikely, especially where I
have not been provided any information to conclude otherwise. Moreover, if it is correct that if
this project goes forward it will provide only minimal benefit to stormwater conveyance, what is
the primary motivating factor to proceed: aesthetic or operational?
I also have questions on how it was proposed that costs would be evenly shared on this project.
Is the actual cost for "beautification" improvements/maintenance for this project $32,500.00? It
is my opinion that the only MSTU dollars that can be used are those used for actual
beautification purposes. To the extent that this project has a beautification element, those costs
should be itemized as the responsibility of the MSTU.
Should you wish to discuss this further or desire me to provide a follow-up opinion to the
questions raised herein, please let me know.
cc: David C. Weigel, County Attorney
Michael W. Pettit. Chief Assistant County Attorney
<;[1nf ~F;::l - \
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Date: 9/1/06
To: Office of the County Attorney, Attn: Scott Teach
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ROUTED TO: /} (, -7 P. (f-IftJ(}60
1>0 NOT WRITE ABOVE nus SPACE (Orig. 9189; Rev. 6/97)
REQUEST FOR LEGAL SERVICES
(Please type or priDt)
From: Darryl Richard
(Name)
(Title)
Project Mgr.
Transportation Division
(Division)
ATM
Telephone # (Verv ImDortant): 253-9083
Re:
Pebble Beach Overpass Projed
(Subjeet)
.~
.BACKGROUND OF REQUEST/PROBLEM:
(Describe problem and give background information - be specific. concise. and articulate.)
On August 24, 2006 Request for Leaal Services WlI5 recommended to determine if tile Lely MSTU ronld participate in a
joint projed wllicb illVolves 'Stormwater' managemof. The Cllmat Lely MSTU Ordinance specifies MSTIJ purpose as
'BeutificaCiou'. CaD the MSTU lIse its fands ro participate in propoHd project?
The project he a beautification romponent iD that sod is proposed to be planted on top of the $tructu.ral medific:ations
reqaired.. And additionally tit: stnId1mII improvemeats tbemsevJes will resldt iil better :e.sthetkappeal for the 'l1eadwlIlI'
Fanding proposal by Stormwater Director Eugeae calvert is that the Lely MSTU pay fer 50% of tle improvement or
$32,500.00 lUId Stormwater DepartllleDt would pay for tbe remailli8g $32.SOO.08 for a total project cost of S65.OOO.00.
The Lely MSTU Committee bas not made motioa reprdiDg fimdiDg to date, however, Committee Chairmaa has
requested darifitatioD by County Attorney prior to Committee motion eommittiag 50% fuadiag.
Attached are: LeIy MSTU Ordinance; Pebble Beach Project Cost Estimate; Pebble Beach Project Desiea Photo
(Are there documents or other information needed to review this matter? If yes, attach and reference this information.)
This item haslhas not been previously submitted.
(If previously submitted provide County Attorney's Offiu File No.) Not
ACTION REQUESTED:
(Be very specific. Identify exactly what you need in the way of legal services.)
Determination of weather the current Lely MSTU Ordinance authorizes expenditure of
funds by MSTU for the Pebble Beach Overpass Project as per the 50% cost sharing
proposal by Stormwater Department
16/ B
OTHER COMMENTS:
cc: Diane Flagg, Director, Department of Alternative Transportation Modes
(All. requests must be copied to your appropriate DirisioD Head or CoDStitutiODal Officer.)
16 Ii
. .' _! j
.1
'1
EXECUTIVE SUMlVlARY
A.N' ORDIN_ANCE CREATING THE 13RBAJ.'f AREA BEAUTIFICATION MUNICIPAL
SERVICE TAXING UNIT; PRO\flDING THE AurHORITY; PROVIDING FOR THE
CREATION OF THE lJNIT EXCLlJDING THE INCORPORA..TED AREAS OF COLLIER
COlJNlY AN"']) EXISTING ROAD\VAYBEAlJTIFICATION M1JNiClPAL SERVICE
TA..xING UNITS; PROVIDIN'G A PURPOSE A.l'ID GOVER.1'-JlNG BODY; PROVIDING
FlJNDlNG A.l~l) THE LEVY OF NOT TO EXCEED ONE-H..A..LF (.5) MIL OF .AI
V..A..LOREM TA.XES PER 'Y"'EAR PROVIDING FOR THE COLLECTION OF TiL-XES;
PROvlDING FOR DD1IES OF THE COuN1Y Nw'fAGER OR HIS DESIGNEE;
PROVIDING FOR CONFLICT A.J.~l) SEVERABILITY; PROVIDING 'FOR INCLUSION fr'
THE COLLIER COUNTY CODE OF LA'vVS ANl) ORDINANCES; PROVIDING FOR AN
EFFECTIVE DATE.
~ ;.. .~
OBJECTIVE: To enact an ordinance to fund t.~e mamtenance and landscaping of publiG
roadways in the urban area of Collier County.
CONSIDER.;.\. TIONS: The County ?'I-tanager directed staff to establish a Municipal Service
Ta..-x.ing Unit (MSTT ,) within the urban service area of Collier County for the purpose of
landscape maintenaIlce and improvements yvithin the County urban service area. After
evaluating the scope of the Counr.y"\vide MSTU, it was determined that the COUllty rcadway
corridors would best be handled by creating one lanel:scaping MSTU. The governing body o~.the
MSnT shall. be the Board of County Commissioners of Collier County, Florida.. The MSTU;
w0l11d provide curbing, watering facilities, plantings and maintenance of the median strips and ",
edges ofro2.(hvays \vithin the MSTU, and provide beautification. and maintenance of other public}
areas within the MSTlJ '
The incorporated manicipalities of Collier County and existing roadway beautification ivlSTU's
are excluded from the boundaries of the MSTU.
FISCAL IMPACT: Annual costs for laildscaping maintenance average almost 550,000 per
centerline mile of roadway. Each roadway segment cost is unique due to the varying width of
the medians and roadway edges, and due to the differences in plantings along each segment.
The total value of the MSTU as of December 3, 2001, per the Property Appraiser's Office, is
about $17,533,615,894. A ta.>c levy of 0.5 mils \vill raise about 58,766,800. This millage cap
should be sufficient to fund maintenance for a number of years into the future. The estimated
maintenance cost for FY 2003 is 52,546,000.
GROWIH lVIANAGElVIENT IlVIPACT: None
AGEND,A IT!:'M
No. '6 '1i;:
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Collier County Beautification M:5'lU
Page 2 of2
16/8
2
RECOl\tll\'IENDA TION: That the Board, who has determined it appropriate to create a
Beautification MSTU for Collier County urban service area based on perceived need in Collier
County, rev:i.ew the attached Ordinance as outlined above and approve enactment for creation of
the Gp,.1li~~~~untY Beautification Municipal Service Taxing Unit.
\
SlJB:tvllTTED BY:
REVIEWED BY:
A.PPROVED BY:
{---
mela J. T,;ulich.. pscape q?e,ratigps Manager
(~_..,." :' .,' .J..~-' /~ -
,.-["{~1,j,;' / ~/~2-
EdW..'ard J/Kant,~' .. furiSnortation Operations Director
(' / /.~0~/.'/ J.
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Norman 'E. Feder, ..\:rep, Transportation Administrator
DATEP-,.-;'--O/
DATE: /J_ :;- ~ /
DATE: /) - ]-c.','
I AGENDA iTEM
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16/8 2
NON-RESPONDENT FORM
Request for Quote: 'Naples Park Lake-Additional/terns'
For purposes of maintaining an accurate bidder's list and facilitating your firm's
response to our invitation for bid, we are interested in ascertaining reasons for
prospective bidder's failure to respond to invitations for bids.
If your firm is not responding to this bid, please indicate the reason(s) by
checking an appropriate item (s) listed below and return this form to:
Darryl Richard, Project Manager, Collier County, Department of Alternative
Transportation Modes, 2885 Horseshoe Drive South, Naples, Florida 34104, Fax:
239-530-6219; email: darrylrichard@co!liergov.net. Please indicate "NO BID" on
the outside of the envelope or Title of Fax and/or email.
We are not responding to this invitation for bid for the following reason(s):
o
Items or materials requested not manufactured by us or not available to
our company;
o
Our item~ or materials do not meet specifications;
I'V'l
~
Ciicle one ." Specifications were:
Not clearly understood, Not applicable, Too vague, Too rigid,
Quantities too small. or See explanation below
o
Incorrect address used. Piease correct:
Other reason(s): Work Load for Existinq Maintenance Contracts
Name of Firm: Advanced Lawn
Mailing Address: Sabal Palm Road_
City, State, ZIP:
Naple, Florida
Phone
(239)
732-4624
FAX
(239)
732-0077
By: Frank Kip
Signature of Representative
1'6,
:~
~JI
.
Board of County Commissioners
3301 East Tamiami Trail
Naples,FL34112 RECEIVE
(239) 774-8097
Fax: (239) 774-3602 AUG f 5
Application for Advisory CommitteeslBoards
Name: ~~E,er "::;~~~01>RJlC- HomePbone: 77S-3.~fl
Home Address: ,-~2. 'l?E~T5L~ ~EAeN g~1/P Zip Code: ,g~113
Fax No. Business Pbone: e-mail address: 1" oS / e b 0 J ()\.. i, It. !l ,(ot '(,JIl
Place of Employment: ~-n ;P .Jlo1::>
Board or Committee AppUed for: '/-/Ej.Y (j. 0 /..j:" ~S rA rrS g~A (J r, Fl(!,,Il vON /11I5.171
Category (if applicable):
Eumple: Comlllialo. DIstrIct, Developer, eavlre......ust. ..y penoa, etc.
How long bave you lived In Collier County: Yean I t, ~ Months g 1'10 .
Are you a registered voter in Collier County: Yesv' No
e
Do you currently bold pubUe ofliee? Yes
If so, wbat Is that office?
No
v
Have you ever been eonvieted of any offense against tile Law? Yes
If yes, explaiD:
Do you IlOW serve, or "ave you ever served, Oil . CoOler COUllty board or collUldttee? Yes /' Ne
If yes, gleue JUt tbe C!J8DIi~:.
L ~,(.y GOI-F /:::.Sr1JrL~ MSf7J CHA/e'1'z:J!..st:JN ,~yfi!,.S..
No V
Please list your community activities (eivie club.s, neighborhood assoeiatioos, ete. and positions
held: E.A~ ~".I--~ er7/Jt:; A&r..DG~,qyjOJ!
LxLY JV1~ro C"A/JLP~oAl
Ed""".: ~i)' if ~"I" r:>r..'~E[j( <9 f" f!:el1 1M " H~ .k;A:'J:,KI ~1/~'"
t/N/Y~ ) --pht:;.r /V1 ~ 12 ":;A~ {<rj,~ W'r~ r7'-
~~t&~:/~!;1!fJ; iJif:!t~~~rNmULnJxF
.
PIetue IltlllClllUIF dJItJ__1ilftma1llitnl FOil f- ptlrtluIM. TIIb tIpJ1IlcrtdM .1ItIIM H f~ ,. s- FU-, ~ M...,.,. III
tU BotmI.fCtIIIIItJI ~,"n, 3301 Eat T.....l Trrd1, NIIpIa, FL 34112. lf~ wIM, JIl-.fta YfIII' IIpplic4dtnl III
(239) 774-36'2 or e-IIUIll ,. !Jllefll~_nA 7'UIIk ytnI,/tIr ~ ,. _ tU c/tlulU .fCf1IlItIr CO".
filson_s
161 B
Page 1 of2
2
From: advisoryboards@colliergov.net
Sent: Saturday. August 26. 2006 8:22 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~~"~
Board of County Commissioners
3301 Eam T........ Trail
......, FL 34112
Tel: (239) 774-3102
Fu: (231) 774-3102
f(t~I'.1
.
. .,
, .;.. -- . .' i 'f
August 26, 2006
Application for Advisory Committees I Boards
Name: Dr. Shari Curet Home Phone: 239-n5-1212
Home Add....: 152 Palmetto Dunes Circle
City: Naples, FL Zip Code: 34113
Fax Number: 239-n5-1212 Business Phone: 920-426-2170
Emall Add....:sharistu@yahoo.com
Place of Employment: Retired
How long have you lived In Collier County? 5-10 years
Have you ever been convicted of any offense agalnat the law? No
Are you a registered voter In Collier County? Yes
Board I Committee Applied for: Lely Beautification
Category: (if applicable) No information provided.
Do you currently hold public office? No
Do you now serve, or have you served on a No
Collier County board or comm""?
8/28/2006
Page 2 of2
Pi.... list your community activltlea:
No information provided.
161
EducatJon:
Dr. of Education
Experience' Background:
Teacher and Administrator for 25 years
8/2812006
J
J
Page 1 of2
ftlson_s
1-618 2
From: advisoryboards@colllergov.net
Sent: \Nednesday, September 06.2006 3:16 PM
To: filson_s
Subject: New On.fine Advisory Board Application Submitted.
~~~
Board of County Commissioners
3381 Eaet T......... Trd
,...... FL 34112
Tel: Cut) 774-3802
Fax: (231) 774-3802
Ctsl-tl..,
: I I.
.:;
.~ '. - . 4, ~ ;'
September 06. 2006
Application for Advisory Committee. I Boards
Name: Kathleen K. Dammert Home Phone: 239-774-1544
Home Add....: 333 Pinehurst Circle
City: Naples Zip Code: 34113
Fax Number: 239-353-3770 a..1~ Phone: 239-353-7633
e....11 Add,...: KatDammert@aol.com
Place of Employment: Berkshire Lakes Master Association. Inc.
How long have you lived In Collier County? 5-10 years
Have you ever been convlcf8d of any offe.... against the law? No
Are you a reglatered votltr in Collier County? Yes
Bo8rd I Comm..... Applied for: leIy Golf Estates Beautification
Advisory Committee
Category: (if applicable) No information provided.
Do you currently hold public otIIce? No
Do you now serve, or have you served on a No
Coller County board or commltl8e?
9/612006
1618
3 RECEIVED
OCT 3 1 2006
Board of County Comm' .
ISSIOners
2885 Horseshoe Drive
Naples, FL 34104
Fiala
Halas
Henning
Coyle
Coletta
November 14, 2006
AGENDA
I. Call Meeting to Order
II. Attendance
III. Approval of Agenda
IV. Approval of Minutes: September 12, 2006
V. Landscape Maintenance Report - Advanced Lawn
A. Maintenance Report
VI. Landscape Architects Report - Michael McGee
A. Landscape Update
B. Update on Sunshine Project -Michael McGee and Darryl Richard
VII. Transportation Operations Report:
A. Current Budget - Tessie Sillery
1. Line Item for Administration Cost
2. Line Item for Road Mowing fund transfer
B. Project Manager Report - Darryl Richard
VIII. New Business
A. Grants Coordinator
IX. Old Business
A. Update on Golden Gate Parkway Bridge - Pat Spencer
B. Golden Gate Parkway/Santa Barbara Sign Lighting -Pat Spencer
C. Master Plan Discussion
Public Comments
X.
XI.
Adjournment
The next meeting is scheduled for December 12th, 4:00 PM
At Golden Gate Community Center
Naples, FL
1
Misc. Corras:
Date:..L1 ( M \ () (,
Item#: \(~S \ ~ 3
"\.
Copies to:
1618 3
,
2885 Horseshoe Drive
Naples, FL 34104
October 10,2006
SUMMARY
A quorum was established the minutes and agenda were approved.
V. Hannula Landscaping and Irrigation Bid
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.
1
16""',
~.4-"~.
U
""~
'!',I"
V)
"""
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
161 B .3
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" (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
2
'T /'
~!t l. ~
The budget report will be given at the next meeting with some
modifications.
~~
,,,,.,ti'
1. Line Item for Administration Cost
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
3
16/B
A purchase order needs to be issued. This ttem will be addressed at 3
the next meeting.
XI. Public Comments
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
51 "3
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
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 Commissioner's Approved on September 3, 1996.
CONSIDERATIONS:
· On August 17, 2006 Purchasing Department sent notices to 57 vendors for the
"Golden Gate MSTU - Sunshine Boulevard Landscape & Irrigation Installation".
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 Golden Gate MSTU Committee 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
Cor>>.
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 base
bid plus selected alternates with Hannula Landscaping, Inc. is $289,460.64 plus 10%
contingency of $28,946.00 for a total of $318,406.60. Funds are available in
improvements general, Golden Gate MSTU Fund (153).
16 I B -3
GROWTH MANAGEMENT IMPACT: There IS no growth management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board award Bid #06-4034 "Golden Gate MSTU -
Sunshine Boulevard Landscape & Irrigation Installation" to Hannula Landscaping, Inc.
and authorize the Chairman to execute the standard contract after review by the County
Attorney's Office.
Prepared By: 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 (meeting minutes are pending)
G)
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161
.)~ .,3
October 10, 2006
Darryl & Tessie
Prepared by:
Darryl Richard, Project Manger, eollier eounty Department of Alternative Transportation Modes
Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes
Golden Gate MSTU Project Status
(G-l1) ACTIVE - Sunshine Boulevard (Curbing, Asphalt, and Lighting) - GOES TO Bee ON
SEPT 27,2005; Construction eost: BONNESS, INC.: $301,691.31; Materials Cost - Lighting: Lumec:
$25,380.00
3-06-06 - Curbing 20% installed, Asphalt 100% installed, overall project 60% complete.
ehange Order #1 - Pending.- waiting on contractor signature. - Need electrical drawings from
McGee/Contractor.
4-17 -06; Bonness is 100% complete for curbing; Lighting Engineering Plans are under review.
4-17 -06; McGee is responding to review.
5-1-06; Bonness has applied for payment for work completed; McGee & Asso. has not provided revised
plans as per Traffic Operations Request.
5-15-06; McGee electrical plan submittal rejected by Bob Tipton
5-15-06: Plans do not meet FDOT roadway lighting and/or pedestrian lighting. McGee & Associate insist
that lighting is only for accent not roadway lighting. Diane Flagg request - Pam L., B.Tipton, McGee to
have a meeting and Chairman will be invited.
5-15-06 Curbing - eracks found in curbing - Road and Bridge has rejected 75 % on curbing - installation
does not meet FDOT standards.
5-30-06 - Scheduling meeting with McGee - June 5th, Rhonda eummings invited also.
6-12-06- eontractor has been notified of deficiencies and quantities needed to replace defective curbing.
6-27-06; Contractor notified staff that they will repair defective curbing.
7-18-06: Bonness has confirmed that they will replace any defective curbing. Traffic Operations has agreed
to 6' offset for the lights. 8-07-06
8-07-06: Bonness has confirmed that they will replace any defective curbing. Traffic Operations has
agreed to 6' offset for the lights.
8-22-06; David Crosby ofBonness confirms that crews will be back on project after completion of
Immokalee curbing project anticipated date is September 22, 2006 for demolition/construction of new
curbing for Sunshine Project.
9-12-06: As per agreement with Project Manager, Bonness, Inc. David erosby, Bonness will commence
work on project to replace all defective curbing on September 18, 2006 and be finished by 30 days after
that date (October 18,2006). Installation of the Lights is concurrent with this schedule and is to be
completed by October 18, 2006.
9-22-06: Meeting with eontractor Bonness to confirm 30 day completion from September 18 and work to
be performed by Electrical Subcontractor
(G-I0) ACTIVE - Design - Irrigation - Sunshine Boulevard (Irrigation & Landscape)-
Preliminary Phase; Need Cost Estimate from McGee & Associates; Project to go out to bid after
installation of curbing and lighting is completed.
5-1-06; McGee & Asso. has not provided plans (or updated cost estimate) as per Work Order
5-15-06: McGee & Assoc., 90% plans received and McGee to provide 100% sign and sealed
5-25-06 Committee has been informed at 5-9-06 Meeting that curbing will delay bidding on
Landscape/Irrigation Phase of Project.
5-30-06: Project plans received to be delivered today to purchasing.
7/11/06 : McGee & assoc. needs to revise bid tab.
7/18/06: Purchasing working on getting bid out.
8-7-06: Posting 7/28/06 for bidding out.
8-22-06: Bids due on September 18,2006 (2:30 PM), pre-bid meeting on September 6,2006 (10:00 AM)
1
161
7~~,
i..:':'::"",
<...-\.
8-31-06: Project is on schedule with Bid due date of Sept. 18; ES Deadline is Sept 25 for Bee Date Oct. 10
9-5-06: McGee confmns attendance at (9-6-06) tomorrow's Pre-Bid Meeting at 10:00 AM
9-12-06: Bids are due September 18,2006.
10-9-06: Item loaded into Novus for BeC approval on 10/24/06, MSTU Committee to review on 10-9-06.
( G-12) COMPLETE - Surplus Soil investigated as per eommittee ehairman request.
9-12-06: Pam Lulich, Project Manager reports that all surplus soil material is being used on current projects
and that there is no extra for Golden Gate MSTU Committee.
(G-9) - CANCELLED - Old Sign Replacement -Disposal of old sign 'By eounty' and proposal for new
sign is under review; Committee Approval Required; Quotes Received: Signs and Things:
$8,425.00;SignCraft $6,440.00; Lykins Signteck: $3,550.00
(G - 8) - COMPLETE Surplus Landscape Material Project - Planting of Live Oaks in Ligustrum as per
recommendations by Mike McGee and Committee approval-7-11-06
7-14-06 - received list of plants from McGee
7 -18-06: Updating Villa and Son Quote for Request for Purchase
7-27-06: NTP given to eLM - to work with Bob Petersen
8-22-06: Plantings are completed. eurrent Maintenance Contractor coordinating with Irrigation Project
Manager and CLM for watering plants.
(G-7) COMPLETE- Ped Shelter Bench -Wood Slat Replacement- Preliminary Phase; Mike McGee is
obtaining quotes from vendors. Just received quote from RCP For purchase on 1/6/06. Request to purchase
to be submitted on 1/9/06.
(G-6) COMPLETE - ;Medians 1,2, and 3 Paver Installation-Work Order BOe-FT-05-02; NTP Issued to
Bonness on 8-8-05 (85 day completion); Construction eost: $11,117.63.
(G-5) COMPLETE - 11-1-05 - Landscape Renovation (Golden Gate Parkway Medians); Funding
Approved for $14,091.30; As per Contract 05-3686, Estimate received from Advanced Lawn for Total
Construction eost of $14,091.30. eommittee Approved Estimate on September 12,2005.
(G-4) - COMPLETE; Non MSTU Project - Traffic Operations Project; Project Manager, Frank Mattie
(G-3) -90% NON-MSTU PROJECT-COMPLETE - 951 Median Modification-Turning Lane
Project-60% Complete; Phoenix Construction is waiting on paver order.
Mark Burchin - Right of Way - is reviewing for compliance as per R/W permitting procedure.
3-20-06- Request for additional information - no report update
5-1-06; Inspection and photo documentation required prior to approval of contractors work.
5-15-06; completed and pavers have been installed
5-30-06: completed.
(G-2) -COMPLETE-Maintenance eontract Bidding- On Going; Bid 05-3686 NTP July 28,2005 to
Advanced Lawn.
(G - 1) - COMPLETE-Interim Maintenance - Advanced Lawn; PO number 4500044020 open for
$15,765.00 (GG Pkwy Medians); PO 4500044021 for $18,271.00 (951 Part A and B).
2
16'1 8.4
RECEIVED
NOV 0 6 2006
Board of County Commissioners
COLLIER COUNTY
/
fiaia___
Halas . ~
Henning__T--
Coyle . . / ~.
Coletta_.-L
November 1, 2006
Ms. Susan M. Harp
Certified Local Government (CLG) Coordinator
Bureau of Historic Preservation
R.A. Gray Building
500 South Bronough Street
Tallahassee, Florida 32399-0250
RE: Collier County Preservation Board Meeting
Dear Ms. Harp:
Please be advised that a public meeting for the Collier County Historic and Archaeological
Preservation Board has been scheduled for Wednesday, November 15, 2006 and will begin at
9:15 a.m. at the Collier County Community Development & Environmental Services Division,
Conference Room 609, located at 2800 North Horseshoe Drive, Naples Florida:
I have attached the minutes from the October 18, 2006 meeting for your review and records.
Please note that there was no meeting in September due to a lack of a quorum.
If you have any questions concerning this meeting, please do not hesitate to call me. My phone
number is 239-403-2463 or you can e-mail meat:Raybellows@colliergov.net.
Sin..cereIY. d/;
~I
- (~ .'
-" .' '-'" /'
/ "
Raymo . Bellows, Zoning Manager
Department of Zoning & Land Development Review
(Historic Preservation Coordinator)
cc: Preservation Board Members (7)
Sue Filson
Joe Schmitt
Ron Jamro
Susan Murray
Jeff Klatzkow
Melissa Zone
Amanda Townsend (Parks & Recreation)
Misc. Corres:
Date: (t ) '1-q h
Item #: 1(0 _I- i r~ ~
l':,~:lf\..lr~( 1\\'j,;/)'1o
COP'% to.
161
81~4,
AGENDA
COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERV A nON BOARD
WILL MEET AT 9:15 AM, WEDNESDAY, NOVEMBER 15, 2006 AT THE
COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL
SERVICES DIVISION, CONFERENCE ROOM 609, LOCATED AT 2800 NORTH
HORSESHOE DRIVE, NAPLES FLORIDA:
NOTE:
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS
BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING
THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
ALL MATERIAL USED IN PRESENT A nONS BEFORE THE HAPB WILL
BECOME A PERMANENT PART OF THE RECORD. THESE
MA TERIALS WILL BE AVAILABLE FOR PRESENT A nON TO THE
BOARD OF COUNTY COMMISSIONERS.
1. ROLL CALL/ATTENDANCE:
2. ADDENDA TO THE AGENDA:
3. APPROVAL OF MINUTES: October 18,2006
4. DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REPORT:
A. Certified Local Government Year End Report
5. OLD BUSINESS:
A. Good1and - Margood County Park & Historic Site Update
B. Historic Guide and Brochure
C. Historic Designation Request by Mr. J. Hammond
6. NEW BUSINESS:
7. DISCUSSION OF ADDENDA
8. ADJOURN
F /H istori call Arch aeologi call A gen da
16 '.1 i _.Jj
October 18,';To6
MINUTES OF THE MEETING OF THE COLLIER COUNTY
HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD
Naples, Florida, October 18, 2006
LET IT BE REMEMBERED, that the Collier County Historical!
Archaeological Preservation Board in and for the County of Collier, having
conducted business herein, met on this date at 8:45 A.M. in REGULAR
SESSION at the Collier County Community Development Services Division
FDEP Conference room, 2800 N. Horseshoe Drive, Naples, Florida with the
following members present:
CHAIRMAN: John Thompson
William Dempsey (absent)
Thomas Franchino
Patricia Huff
Sharon Kenny
Ardavan Moaveni
Elizabeth Perdichizzi
STAFF PRESENT:
Ray Bellows, Zoning Manager
Melissa Zone, Principal Planner, Zoning Dept.
Amanda Townsend, Parks and Recreation
Jeffrey Klatzkow, Assistant County Attorney
ALSO PRESENT:
Tom Sansbury, Barron Collier Coso
Melissa McFarlane, R W A, Inc.
James Hammond, Archaeological Society Member
Seminole Wars Foundation
octo~r~, !oo? 4
1. Roll Calli Attendance:
The meeting was called to order by Chairman John Thompson at 8:53 A.M. Roll
Call was taken and a quorum was established.
2. Addenda to the Agenda:
Added to the agenda: Certified Local Government Annual Report/publications.
Tom Franchino moved to add these items to the agenda. Second by Betsy
Perdichizzi and carried unanimously 6-0.
3. Approval of Minutes: August 16, 2006 minutes (There was no meeting in
September). Also, the June 21, 2006 amended minutes (after replay of recorded
minutes).
Members preferred to resolve the issues brought out at the August 16,2006 meeting
regarding errors in the June 21,2006 minutes, before voting on either one.
After a replay of the tapes, the corrections to the June 21, 2006 minutes were reported
as follows:
. Page 1. Add the names of Ardavan Moeveni and Elizabeth Perdichizzi under
members excused.
. Page 2. Item #3 Motion was made by William Dempsey, not John Thompson
. Page 3. Clarification --that the Zoo staff, not the Collier County staff,
expressed frustration about delay in getting permits. This referred to the wait
for the Cultural Assessment Survey before going forward with permits for the
master plan for the whole zoo. Permits had been obtained for hurricane repair.
. Page 3 Item B. Clarification --The motion adopting black and white format
for brochure was seconded but not voted on. In the discussion that followed on
the brochure format, Tom Franchino and Sharon Kenny did express non-
support for some aspects. An additional motion that Ms Huff and Mr. Draipsa
to work with Melissa Zone on the brochure received affirmative votes by Ms
Kenny and Mr. Franchino. The first motion was not formally withdrawn.
Ardavan Moeveni moved to approve the minutes of June 21, 2006, amended to
incorporate the corrections noted above. Second by Sharon Kenny and carried
unanimously 6-0.
John Thompson noted that on page of the August 16,2006 minutes, he made the
comment that he would bring to the next meeting, copies of the Russo Report on
Horrs Island. The change is that rather than bringing to the meeting, it can be
viewed at the Lab.
The items in question from the June 21, 2006 meeting having been resolved,
Sharon Kenny moved to approve the minutes of August 16, 2006, noting
Chairman Thompson's corrected comment. Second by Betsy Perdichizzi and
carried unanimously, 6-0.
2
&;1 ,7
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n
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Q'
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.
October 18, 2006
4. Department of Zoning & Land Development Review Report:
A. Proposal to change the Preservation Board Meeting Time
Ray Bellows announced that Melissa Zone, Principal Planner, Zoning and
Planning Department will be the full time staff coordinator for HAPB.
He stated that several Staff members have conflicts with the current meeting time.
He put up for discussion changing the day and/or time.
After brief discussion, decision was to keep the same day, but move the meeting time
to 9:15 AM.
Betsy Perdichizzi moved to change the meeting time from 8:45 AM to 9:15 AM,
starting the third Wednesday in November. Second by Ardavan Moeveni and
carried unanimously, 6-0.
5. Old Business:
A. Nehrling's Tropical Garden Site - Update:
Amanda Townsend reported on the meeting with Archaeological Historical
Conservancy (AHC) staff, David Tetzlaff and herself, held at the end of September.
Their report will be given back to her the week of November 13. AHC staff has been
given specific instructions in compiling this report with the two fold goal of:
1. Determining the historic significance of the specified area and
2. Ability to use it for in the future as a resource for the Preservation Board and for
others.
She mentioned that a mid-December date is expected for finalizing and should be
able to be included on the January BCC Agenda, as planned.
B. Goodland - Margood County Park and Historic Site Update
Amanda Townsend reported that staffhas received both the Archaeological
Assessment and the Historical Assessment of buildings. The results of the AHC
survey found minimal evidence from the five trenches dug, except for the western 60
feet, which revealed a wealth of midden material. It was determined that the site
dates back to one thousand yrs old. Artifacts from a thorough excavation and
cataloguing will be housed temporarily at the exhibit hall at North Naples Park and
eventually at Margood Building, which will be a museum, when it is restored.
The Architectural assessment revealed that all buildings on the site date from 1949 to
the early 50's except for several small cottages. Several small buildings, believed to
be from Kelly Gant's former fish camp on Marco Island, date from the 1920's and are
believed to have been moved to the Margood property in the 1950's.
All buildings were found to be of Historical Significance and eligible for the National
Register. Restoration is planned for the Margood building, the fish camp buildings
and another long building. Four other buildings, which have extensive termite
damage and some asbestos material, will be evaluated with a structural engineer.
3
161 B 4,
October 18, 2006
C. Historic Guide and Brochure
Discussion revolved around the basic format and size ofthe brochure shown by
Melissa Zone. She will be working with Patricia Huff and Betsy Perdichizzi and a
few others on the assembly of different styles and examples to be presented for Board
member's approval. It will be combination of places of historic designation and also
of historic significance. Distribution of completed brochure will be through County
Parks, libraries, Chambers of Commerce and various other locations. Signage and/or
plaques for some areas could be provided through the Collier County Museum. At
the December meeting, Melissa will have a comprehensive rough draft of the Guide
for review and any updates, additions or corrections by Board members.
6. New Business:
A. AR-I0147, Toll Rattlesnake DR! Survey and Assessment (Handout)
Melissa McFarland, of RWI, Inc. presented the report on the archeological
assessment on the project. Within the preservation area of 1,400 acres that are within
the project development, there were five (5) identified sites found; but, these would not
be impacted by the development since there is no development within the entire
preserve area.
Tom Franchino moved to recommend acceptance with provision for
incorporating an archaeological access easement over the five identified sites and
fencing around the Swamp Buggy area. Motion was seconded by Betsy
Perdichizzi.
After lengthy discussion and further clarification regarding easements, fences,
Swamp Buggy area activities and potential encroachment problems, Tom
Franchino restated the motion to remove "andfencing around the Swamp Buggy
area"; to recommend approval to fully incorporate the archaeological assessment
and to include having an archaeological access easement over the five identified
sites. Second by Betsy Perdichizzi and carried unanimously, 6-0.
(Jeff Klatzkow left at 9:40 AM.)
B. AR-09458, Silver Strand Survey and Assessment
Tom Sansbury, of the Barron Collier Coso Presented information on this 115 acres
of orange grove property which is located on the east side of Immokalee Road, north
of Ave Maria, in the State of Florida Area of Rural Critical Economic Concern. It
will be comprised of light industrial and commercial businesses. It will be a Park of
Commerce PUD, is non-residential and no archaeological sites were found.
Assessment was done by AHC, as property was in area of probability. Questions
arose on the possibility of this being in the area of Fort Simon Drum.
4
161;, -L
October-fs,20iir
Following lengthy discussion, Betsy Perdichizzi moved to recommend acceptance
of assessment survey with the inclusion of the provision to add the clause that any
sub-service activity be monitored by a certified archaeologist. Second by Sharon
Kenny and carried unanimously 6-0.
(Ardavan Moeveni left at 10: 15 AM)
C. Historic Designation Request by Mr. James Hammond (Handout)
Mr. Hammond, a member of Archaeological Society and the Seminole Wars
Foundation, provided extensive background information on his research regarding
the request for Historic Designation of Deep Lake and its placement on the National
Register of Historical Places by Collier County. Also, he proposed that:
. The County mark with appropriate signage, places of historical significance
and/or apply for Historic Designation of Weaver Station, Fort Simon Drum and
Royal Palm Hammock and Restaurant Station.
. The County designate as historical significance, a Conservation Heritage Trail
consisting of a total history package, of the historic Trail Stations created along
with the building of the Tamiami Trail.
. There is need for preservation and replacing of monuments that have been
stolen, or destroyed. There have been mapped 435 historical sites within the
Big Cypress National Preserve. Of the last 9 sites the Big Cypress Preserve put
on the Historical Register, eight (8) are off limits to the public and one (1) is in
total disrepair.
. Since the National Park Service has shown a preponderance of disregard for
Collier County History, Collier County needs to take back its rights with its
own applications for Historic Designation with Memorandum of Agreement, in
order to have its historical places properly marked, accessible to the public and
properly maintained before State and Federal take over, destroy and block off
access to County's history of exploration in S. W. Florida.
. Collier County had more Civil War Forts than any other county, but no
indication of recognition of these sites from the 1800' s south ofthe
Caloosahatchee River.
. Both Deep Lake and Royal Palm Hammock restaurant would be ideal for
interpretive centers. Also Copeland prison which should have reverted back to
the Colliers. Request could be made for donation to County.
. Properties could be purchase or even donated, making note of owner's
contribution with plaque or sign.
Ray Bellows noted that Weaver Station and Royal Palm Hammock Station are already
Historically Designated and are privately owned. He will have a request written for legal
services from the County Attorney's office to discuss County preservation rights and
jurisdiction on Federal and State Properties. He will talk to Ron Jamro about a plaque
for Weaver Station.
It was noted that some enforcement by Code Enforcement might be initiated.
5
1 r-, 14
October 18, 2006
Chairman Thompson suggested the Board review this whole report and study this
information. Mr. Hammond was invited back for next month's meeting, with the
County Attorney present, to discuss what can be done by this Board.
Mr. Hammond was thanked for his extensive research and informative presentation.
(Betsy Perdichizzi left at 10:45 AM.)
7. Discussion of Addenda:
(Handout) Ray Bellows announced that Sharon Kenny, Patricia Huff and William
Dempsey had been reappointed to the Historical! Archeological Preservation Board and
provided an updated Membership Directory and a list of several Florida Government
Planners dealing with Archeological and/or Historical Preservation issues.
Patricia Huff provided updated information that it was the Everglades City Council that
was against the Scenic Highway designation, not the residents. Many residents are for it.
This issue is to be reconsidered in January or February.
The next scheduled meeting will be held Wednesday November 15,2006 at 9:15 AM
in Room #609 Collier County Development Services Division, 2800 N. Horseshoe Dr.
There being no further business for the good of the County, the meeting
was adjourned by order of the chair at 11 :03A.M.
************
HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD
Chairman, John Thompson
6
161 Bl-5
~'I ~
, la a _
ISLES OF CAPRI FIRE/RESCUE
ADVISORY BOARD MEETING
HELD NOV. 2,2006
AT THE ISLES OF CAPRI FIRE ST A nON
Halas
Henning
Coyle
Coletta .
In attendance were the following:
RECEIVED
NOV a 6 2006
'1r:'arri (1f C
,Cllnty Comm'
ISSioners
Emilio Rodriguez, Fire Chief
Kirk Colvin, Chairman, Advisory Board Member
Joseph Langkawel, Advisory Board Member
Regina Day, Advisory Board Member
BilI Rafeldt
Chairman Kirk Colvin brought the meeting to order at 6:50PM.
OLD BUSINESS:
The Merger Study Group did not hold a meeting in October. A Steering Committee
meeting was held in October; a possible countywide merger of fIre districts continues to
be studied.
NEW BUSINESS:
Chief Rodriguez presented the Nov. 1,2006 Chiefs Report. He has recently hired a new
fulltime firefIghter and is in the process of advertising for an additional firefighter and
fire lieutenant. He is in the process of obtaining approval by the BCC for the purchase of
a used 1997 Hummer to be used as a brush truck. The Collier County Facilities Dept. is
in the process of obtaining three bids for a new station generator. Chief Rodriguez has
recently learned that WCI has made a decision to not build the last two towers at Mainsail
Drive. Over the next month, discussions will be held with WCI to determine whether
they are prepared to go forward with plans to have a Fire/EMS station built on the site of
the Sales Office. If an agreement is not made with WCI to build a second station on their
property, then plans will continue to be made on the expansion of Station 90. Chief
Rodriguez has recently looked at response times to the Fiddlers Creek area; the response
time averages 8 minutes. The NFP A recommends a response time of 4 minutes.
Copies of the letters sent by the Board of Collier County Commissioners to the two
recent applicants to the Isles of Capri Fire Control District Advisory Board were
distributed. The letters explained the reasons why the applicants were declined.
Regina Day explained that she would not be reapplying for a position on the Advisory
Board after her current term expires on December 31, 2006.
Misc. Corres:
Date~ Z% lo\.o
Item#JC91'- ( B 5
1
Copies to:
16"
B-.~ 5
Bill Rafeldt has applied for a new two year term on the Advisory Board. Kirk Colvin
made a motion to recommend Bill Rafeldt for appointment to the Advisory Board. This
motion was unanimously passed.
Kirk Colvin discussed his recent efforts to recruit applicants for the Advisory Board who
live in the Fiddlers Creek and Mainsail Drive areas. He is not having any success. The
members are hoping that the county's advertising efforts will bring in a few applicants.
Otherwise, Roger Jacobsen will be reconsidered at the next Advisory Board meeting.
A letter written by Chief Rita Greenberg of the Big Corkscrew Island Fire Control and
Rescue District concerning the Land Development Code Amendment for Essential
Services was distributed and discussed. Chief Rodriguez recommended that the Advisory
Board draft a letter indicating its opinion on this issue.
Kirk Colvin discussed the Isles of Capri Boat Parade on Saturday, Dec. 9. He asked that
the Isles of Capri Fire Boat lead the parade. There will be a meeting of the boat captains
at the Civic Association on Tuesday, Dec. 5.
Chief Rodriguez will be speaking at the Civic Association meeting on Nov. 14.
The meeting was adjourned at 7:45PM.
2
161 B5
ISLES OF CAPRI FIRE / RESCUE
ADVISORY BOARD AGENDA
Nov. 1,2006
CHIEF'S REPORT
A. QPERATIONSREPORT
B. VOLUNTEER REPORT
C. TRAINING REPORT
D. BUDGET REPORT
OLD BUSINESS
Update on Merger study group
NEW BUSINESS
Vote in new board member
Land Development Code Amendment for Essential Services
BOARD AND CITIZENS' OPEN DISCUSSION
,j
j
~'5
CHIEF'S REPORT
November 1,2006
OPERATIONS REPORT
Isles of Capri Fire / Rescue personnel provide 24 hour emergency services for the Isles of Capri
community with a consistent average response time of 3 to 4 minutes. From 8:00 a.m. to 8:00
a.m., a minimum of at least four fully state certified Firefighters are assigned to the fire station.
Additionally, the Isles of Capri Fire / Rescue Department has the only Advanced Life Support
(ALS) equipped boats in Collier County. This means that a medical emergency on the water, be it
a heart attack or traumatic injury, can be handled with the most advanced emergency care possible
in the field.
The Isles of Capri Fire / Rescue Department welcomes citizens to stop by the station for free blood
pressure checks. We also provide home and condo fire prevention inspections, along with CPR
classes.
***UPDA TES***
Isles of Capri Fire / Rescue is now an Advanced Life Support Provider (partnership with EMS)
C IT
r..... :::}ttHDlStflCtf :::*}:omk>f~OiStrlcV=:I:::M6nthlii:totat)IH; t=:::MY1'a::;:::f=d
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:rfJfiif';=;=:):='=:='==;((( : , : : : :
... ..........."........................,..... , .. ,
Structure
Vehicle
B rush
0 0 I 0 I 1
0 0 0 3
0 0 0 12
5 21 I 26 I 151
0 0 0 0
9 0 I 9 I 353
1 0 1 3
0 0 0 0
1 0 I 1 I 8
0 0 0 0
Alarms):) : : : : .. : : : : : : : : : : : : : : , : :
............,.......... : : .. : , : : : , : , : : ... ..'....
Fire Alarms
Med ical Alarm s
Miaiab=):=t:=;)f=tt=
Ambulance Calls
Vehicle Accidents
Medical Assists
Hii~MitL=:((( : .. ..
...... .."........
Haz-Mat Calls
Power Lines Down
:MirlrifR\::=::t ........ .'. .... ....
Boat Fire
EMS via water
Dive Rescue
Search & Rescue
Marine Assist
0 0 0 4
1 0 1 12
0 0 0 0
0 0 0 0
0 0 0 0
Pttiid .. : : : : :
.. .. , ..... ... : : ....'.'.
... .. .... .....
Public Assists
Move-up
Tech Rescue
175
192
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Note: In-District includes all Marine calls in District 01 (Collier County Waterways)
1 6.r1
PlJ~ o/~o/k;t ~oanty ~~
3301 East Tam/ami TraY' Naples, Florida 34112.4977
(239) 774-8097. Fax (239) 774-3602
B!~5
(i)
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
October 6, 2006
Mr. William Rafeldt
1308 Mainsail Drive, #911
Naples, FL 34114
RE: Isles of Capri Fire Control District Advisory Committee
Dear Mr. Rafeldt:
Your term on the above-referenced advisory committee expires' on December 31, 2005 In
accordance with the AdvisoryBoard policy, the enclosed press release has been sent to the
appropriate news media.
We appreciate the time and cffort you have put into the activities of this advisory committce and
would like to advise you that you arc eligible for reappointment. If you wish to be considered for
another term, please complete and submit the enclosed application to this office by the
OCTOBER 27,2006, deadline or you can access our on-line form at www.colliergov.net.
If you have any questions regarding this procedure, please do not hesitate to contact me at
774-8097.
Sincerely,
~~
Sue Filson, Executive Manager
Board of County Commissioners
/sf
Enclosure
cc: Chief Emilio Rodriguez
Isle of Capri Fire District
e
~61B 5
Board of County Commissioners o~.~ J t..L.lIi
3301 East Tamlami Tran D ZIIIf~
Naples, FL 34112 ~ of
(239) 774-8fW7
Fax: (239) 774-3602
Application for Advisory CommitteeslBoards
Name: MlL lAM. r. ;;J:irl:. L~;- Ho.-Phone: ;Z31f-339-/209
Home Address: /"30J~'II1 Ale! 4 J /.. lJl< I J/ E. Zip Code: :; if I , Lf
7ft q J J if, FU9fl.1 '/) A
Fax No.. B. PhoDe: &oman address:
Place ofEmployJDem: 1< ET I /l. ~...,)
.
Board or Committee Applied for: .:z:s L E tJF C4 fill Ii fl ~ CoAli/lol /)/../ T12/-t:, r
Category (If applicable): liD VlS 0 fl.. y 1)0 4~}) .
I:DqIIe: eo- . . . DiIarid. DenIopel'. .....~. lay,...,..
How IoDg bave yeu Uveet in Collier Ceaoty: Years b MODths '1
Are yeu a regista'ed voter in CoDier CODDty: Yes V No
_ Do you CUI'ftIltly hold pabDc oflice? Yes
,., If.. wIaat is tIIat .meet
No V-
Have YOII ever beeD CODvidecl of..y offeuse agaiDst the Law? Yes
If yes, apIaID:
No V
Do you IIGW sene, or llaYe yea ever sened, .. a CoIkCOUIIty board or co8UllitUe1 Yes V No
If yes, ..... lilt tile colBJllitRieslbou: . ' :m
JA1J1~ A'J R80llF. - E.~tJI!E" f';l.,/3~ (~
,
Please Hst your c:ollllllUllity activities (civic du.bs, neigbborbood ~ etc. _d positions
held:
~~~~'~~/~~t ~~~f'f4fJ~~~~J ~ND" 4s.roc.
EdllcatiOD: 2. YI"t..J OA1P Up, yE.~ I r'r ~t1t~.Pj OJ ~
Experieaee:~ Ai All AI f /fIAJI.Af ~I- - Sjv A P -lOA! T.ooL f t:uLf z t? '/ /l.f
e
n..ullldtUq _....n.. ffiII~yMljiIttI,.,.,.,. Dirw"'r.... IUIN!tM-fw-.MI.S.n.., ~~,.
",.lIMrtIlI/"~C-..' ff-~33'1 &.tT___nd,fi9Ia,FL34U1 q~.......~.r-~.." ..... ..
(l3J)774-3H2 ",.....a. -e~_ TIIIuII:,.,,/fJr ~... _tIN t:lt/!utuIl/"CMIl6rc-.
161 B 5
PlJ~ o/~~ ~cuvnty ~~
3301 East Tamiami Trail. Naples. Florida 34112 - 4977
(239) 774-8097' Fax (239) 774-3602
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
October 6, 2006
Ms. Regina Day
163 Trinidad Street
Naples, FL 34113
RE: Isles of Capri Fire Control District Advisory Committee
Dear Ms. Day:
Your term on the above-referenced advisory committee expires on December 31, 2006. In
accordance with the Advisory Board policy, the enclosed press release has been sent to the
appropriate news media.
We appreciate the time and effort you have put into the activities of this advisory committee and .
would like to advise you that you are eligible for reappointment. If you wish to be considered for
another term, please complete and submit the enclosed application to this office by the
OCTOBER 27, 2006, deadline or you can access our on-line form at www.colliergov.net.
If you have any questions regarding this procedure, please do not hesitate to contact me at
774-8097.
Sincerely,
J/2e~~
Sue Filson, Executive Manager
Board of County Commissioners
Isf
Enclosure
cc: Chief Emilio Rodriguez
Isle of Capri Fire District
PlJrxwcI o/?!!~
7! 1; B
J, J
?!!ownty ?!!~
5
3301 East Tamiami Trail. Naples, Florida 34112 - 4977
(239) 774-8097. Fax (239) 774-3602
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
October 25,2006
Mr. Roger Jacobsen
146 San Salvador Street
Naples, FL 34113
Subject: Isle of Capri Fire Control District Advisory Committee
Dear Mr. Jacobsen:
While convened in regular session on October 24, 2006, the Board of County Commissioners
considered the applications for positions on the subject advisory board. At that time, the
Commission directed staff to readvertise to fill the positions with members residing on Mainsail
Drive or Fiddlers Creek to ensure that all areas of the Isles of Capri Fire District are represented
on the committee.
Although the Board did not appoint you to this advisory group, we wish to express our gratitude
to you for permitting your name to be submitted for consideration. Your willingness to serve the
residents of Collier County is appreciated.
FH:sf
Cc: Chief Emilio Rodriguez
Isle of Capri Fire District
PlJocudo/~~
16 I 8-5
~~~~
3301 East Tamiami Trail" Naples, Florida 34112 - 4977
(239) 774-8097" Fax (239) 774-3602
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
October 25, 2006
Mr. Chris Buckelew
1060 Borghese Lane, #606
Naples, FL 34114
Subject: Isle of Capri Fire Control District Advisory Committee
Dear Mr. Buckelew:
While convened in regular session on October 24, 2006, the Board of County Commissioners
considered the applications for positions on the subject advisory board. At that time, the
Commission directed staff to readvertise to fill the positiol}~"with members residing on Mainsail
Drive or Fiddlers Creek to ensure that all areas of the Isles 'of Capri Fire District are represented
on the committee.
Although the Board did not appoint you to this advisory group, we wish to express our gratitude
to you for permitting your name to be submitted for consideration. Your willingness to serve the
residents of Collier County is appreciated.
Very truly yours,
FH:sf
Cc: Chief Emilio Rodriguez
Isle of Capri Fire District
ru tf fl..,'
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,,,-10 "'~ Ii
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Big Corkscrew Island Fire Control and Rescue District
Office of the Chief
Rita M. Greenberg
Commissioners:
As you review the Land Development Code Amendment for Essential Services, I ask you
to consider the following:
The inclusion of "safety service" in the definition of essential services supports the basis
of this amendment - which is clearly stated as follows:
CHANGE: To aDow safety services limited to law enforcement, rwe and
emergency medical services as a permitted use in aD zoning districts, as well
as, the Rural Fringe Mixed Use District, Natural Resource Protection Areas
(NRPAs) and within designated Habitat Stewardship Areas (HSAs) and Flow
way Stewardship Areas (FSAs)
REASON: To ease the difficulty with which safety services limited to law
enforcement, rwe and emergency medical services are sited in zoning districts
containing residential uses.
The above definition is no longer included in the revision you have today.
There have been countless hours given to this amendment, which I feel could have been
summed up rather simply - equate police, fire and ems to "cable television service".
Although this may sound strange - cable television service IS considered an Essential
Service in the Collier County Land Development Code and is permitted by right - police,
fire and ems are not? .
The draft in front of you addresses some of the concerns regarding the matter, but the
simplest solution is to modify the definition, and trust that police, fire and ems officials
(local government officials) will place facilities based on need, be good stewards of their
communities and provide the quality service, in a timely manner, that the citizens of
Collier County deserve:
Thank you for time and consideration of this important matter.
Respectfully,
!Rita.At. ~, eJU4
Rita M. Greenberg, Chief
Big Corkscrew Island Fire Control and Rescue District
161 B 6
RECEIVED
f,hJ v 0 6 2006
',udrd of County CommiSS;OOl'lr:
IMMOKALEE BEAUTIFICATION M.S.T.U.
ADVISORY COMMITTEE
SUMMARY
F I j
H1:I:S. ~~=~ =
Henntng._--~
Coyle ~--.:--
Coletta ..-- -
October 18,2006
A quorum was established the minutes and agenda were approved.
III. Election of Chairman
Dorcas Howard moved to have Rita Avalos be Chairman. Second by
Bernardo Barnhart. Motion carries unanimously 3-0.
Dorcas Howard moved to have Cherryle Thomas be the Vice Chairman.
Second by Bernardo Barnhart. Motion carries unanimously 3-0.
VIII. LANDSCAPE ARCHITECTS REPORT
A. Report - Michael McGee
Dorcas Howard moved to approve SR 29 Phase II Landscape and
Irrigation Renovation for a cost of $13,330.00. Second by Bernardo
Barnhart. Motion carries unanimously 3-0.
1. Lake Trafford Cost Estimate
The total cost to light 1.7 miles from Highway 29 to around Arrowhead is
$750,000.
X. NEW BUSINESS
A. Change Meeting Date
It was agreed by the Committee to move the meeting to the fourth
Wednesday of each month starting in January 2007.
B. Election of New Member
Rita Avalos moved to direct staff to request more information from the
applicant and to pursue more applications. Second by Dorcas Howard.
Motion carries unanimously 3-0.
::.CO~l29 ~
Item#: \~ S-l6 b
,
1
Copies to:
16/ B .6
IMMOKALEE BEAUTIFICATION M.S.T.U.
ADVISORY COMMITTEE
N ovem her 15, 2006
AGENDA
I. Call Meeting to Order
II. Attendance
III. Approval of Agenda
IV. Approval of Minutes: October 18,2006
V. Transportation Services Report
A. Budget - Tessie Sillery
B. Project Manager Report - Darryl Richard
VI. Transportation Maintenance Report
A. Report - Robert Kindelan/CLM
VII. Landscape Architects Report
A. Report - Michael McGee
VIII. Old Business
A. Code Enforcement Issues - Cristina Perez
IX. New Business
A. Election of New Member
X PUBUCCOMMENT
XI. ADJOURNMENT
The next regular scheduled meeting is December 20th, 2006 4:30 p.m.
At the Immokalee Community Park
321 First street South, Immokalee, FL
1
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IMMOKALEE BEAUTIFICATION M.S.T.U.
ADVISORY COMMITTEE
October t 8, 2006
MINUTES
I. The meeting was called to order by Vice Chairman Rita Avalos at 5:01 p.m.
II. Attendance
Members: Rita Avalos, Bernardo Barnhart, Dorcas Howard, Cherryle Thomas
(excused)
County: Darryl Richard- Project Manager, Tessie Sillery-MSTU Project
Coordinator
Others: Mike McGee-McGee & Assoc., Robert Kindelan- Commercial Land
Maintenance, Abrahan de la Rosa- Public, Michelle L. S. Guerrero- Mancan
III. Election of Chairman
Dorcas Howard moved to have Rita Avalos be Chairman. Second by
Bernardo Barnhart. Motion carries unanimously 3-0.
Dorcas Howard moved to have Cherryle Thomas be the Vice Chairman.
Second by Bernardo Barnhart. Motion carries unanimously 3-0.
IV. Approval of Agenda
Dorcas Howard moved to approve the agenda. Second by Bernardo
Barnhart. Motion carries unanimously 3-0.
V. Approval of Minutes: September 20, 2006
Dorcas Howard moved to approve the September 20, 2006 minutes.
Second by Bernardo Barnhart. Motion carries unanimously 3-0.
VI. Transportation Services Report
A. Budget - Tessie Sillery
The total operating expenses for the 2006 fiscal year are $31,439.52 and the
capital improvement expenses are $195,995.92. Lisa Hendrickson will be
doing the budgets in the future. The Immokalee MSTU fund number has
been changed from Fund #156 to Fund #162. Corrections are being made to
compensate for the discrepancies created by the County accounting software
system.
1
B. Project Manager Report - Darryl Richard
16~'
B ,6
Darryl Richard distributed and reviewed the report (see attachment). The
sign project voted on previously will probably be about three months until
completion. Bonness is to start working on placing the pavers within the
curbing tomorrow morning which should take approximately a week to two
weeks to complete. Kent Technologies will put the lights up once Bonness is
complete.
Differences in the types of curbing going on Highway 29 were brought out.
Darryl Richard will report back on the DOT Highway project.
Michael McGee added that there are piles of bricks and a pallet of dead sod
that have been left out.
VII. TRANSPORTATION MAINTENANCE REPORT
A. Report - Robert Kindelan/CLM
There is a possible irrigation leak on Highway 29. He is waiting on the
locate to take care of the situation. The water has been shut off.
Weed issues will be taken care of.
Sweeping is being performed on Highway 29 and 846.
Irrigation has been turned of three times on Highway 29 in the past two to
three weeks by an unknown person that has the special tools it takes to
do it. They will keep a watch on the problem.
Mulch is scheduled for placement next month.
Trash cans are not being serviced, so his crew has been emptying them.
Darryl Richard added that a new liner for a trash can has been ordered. He
will contact Immokalee Waste to find out about the trash pick-up. Darryl
Richard will also check with Code Enforcement to find out if the businesses
around the area are required to have their own trash bins.
VIII. LANDSCAPE ARCHITECTS REPORT
A. Report - Michael McGee
A quote to have the bricks reset needs to be ordered.
Signs, trash cans, benches and planters need to be pressure washed.
Irrigation and weed issues were addressed with Kindelan.
Benches need to be repaired. Two are missing.
Name plate bricks need to be reset.
Drain grates need to be checked.
Four dead Oak trees need to be removed.
Michael McGee presented a proposal to redo the entire landscaping and
irrigation system on Main Street; from 1 st Street to 9th Street. The cost of the
total design for the SR 29 Phase II Landscape and Irrigation Renovation is
$12,330.00
Darryl Richard mentioned that landscaping has to be switched out about
every 5-10 years.
2
Dorcas Howard moved to approve SR 29 Phase II Landscape and 16 I B 6
Irrigation Renovation for a cost of $13,330.00. Second by Bernardo
Barnhart. Motion carries unanimously 3-0.
1. Lake Trafford Cost Estimate
The total cost to light 1.7 miles from Highway 29 to around Arrowhead is
$750,000.
IX. OLD BUSINESS
A. State Project Update - Darryl Richard
B. Code Enforcement Issues - Cristina Perez
Michael McGee reported that political advertisements have been placed
within the public right-of-way. Darryl Richard will inform Cristina Perez.
X. NEW BUSINESS
A. Change Meeting Date
It was agreed by the Committee to move the meeting to the fourth
Wednesday of each month starting in January 2007.
B. Election of New Member
Darryl Richard and Tessie Sillery will find out if there is more than one
position available on the Immokalee MSTU Committee.
Rita Avalos moved to direct staff to request more infonnation from the
applicant and to pursue more applications. Second by Dorcas Howard.
Motion carries unanimously 3-0.
XI. PUBLIC COMMENT
Abrahan de la Rosa expressed that his wife has interest in transportation and
the Immokalee MSTU meeting.
There being no further business to come before the Committee, the meeting was
adjourned by the Chainnan at 6:06 p.m.
The next regular scheduled meeting Is November 15th, 2006 4:30 p.m.
At the Immokalee Community Park
321 First Street South, Immokalee, Fl
3
Page 1 of2
ftlson_8
1618
f
From: advisoryboards@colliergov.net
_ Sent: Tuesday, August 22, 2006 8:30 AM
To: filson_s
Subject: New On-line Advisory Board Application SUbmitted.
~~"~
Board of County Commissioners
3301 East T......... T....
Naples, FL 34112
Tel: (238) 77.....2
F.x: (231) 774-3102
Ct~:'.1
.""'" ~. .' .9
'. . '1
,'" ..' ~ ;'
August 22, 2006
Application for Advisory Committees' Boards
Name: William Deyo Home Phone: 239-657 -6894
Home Add,...: P.O. Box 5204
City: Immokalee Zip Code: 34143
e
Fax Number: 239-857-6894 BuainMS Phone: 239-290-8011
Emait Addreaa: william_deyo@yahoo.c:om
Place of Employment Self employed
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: Immokalee Beautification MSTU
Advisory Committee
Category: (if applicable) Resident
e
Do you currently hold public otrice? No
Do you now serve, or have you served on a No
Collier County board or committee?
8122f2006
Page 2 of2
.
Pi.... list your community activities:
Past Board Member of the Immokalee Family Life Center
School Advisory Committee - Highlands Elementary
Trustee for Immokalee Christian Center
1618 6
Education:
No information provided.
Experience I Background:
No information provided.
.
.
8/22/2006
161
B
~
October 18, 2006
Prepared by:
Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes
Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes
Immokalee MSTU Project Status
(IMM-8) -ACTIVE - Re-Bid of Maintenance Contract; BID #06-4008 -- "Immokalee Beautification
M.S.T.U./M.S.T.D. Roadway Grounds Maintenance"
8-15-06: Pre-bid meeting Purchasing, areas indicated as being maintained by CLM currently need to be
added to contract.
8-22-06: Bid due date is 8-30-06 addendum for additional maintenance areas is pending.
8-30-06: Bids received from Commercial Land and Ground Zero. Bid Tabulation is pending. Staff deadline
for ES is 9/11/06; Brenda Brilhart confirms Purchasing will have Tabulation by Sept. 7, 2006.
9-12-06: BCC approved - waiting for signed contract from purchasing.
9-14-06: Current contract with CLM extension request sent to Robert Kindelan.
(lMM-7) -ACTIVE - Signage Refurbishment and Replacement;
8-16-06: Quotes from Lykins presented to Committee for review/approval. Sign is $4,800.00 and
Refurbishment $1,000.00.
8-16-06: Due to No Quorum - No Committee Action taken. Staff cannot proceed with project. Approval is
pending next Regular Meeting and/or Special Meeting.
8-22-06: Special Meeting request by staff. Special Meeting date/time pending. Committee action approving
funding for project is required.
9-20-06: Committee to review quotes
9-20-06: MSTU Committee approves 'Cedar' sign and refurbishment proposals.
10-17-06: PO request in the system
(IMM-6) -ACTIVE - UNDER CONSTRUCTION-Immokalee Pavers Project - Construction Cost: Bonness
: $69,025.60
September 12,2005: NTP- 9-8-05 issued to Bonness - Construction 90 days.
P.O. ISSUED FOR $49,861.50 to Kent Technology for lighting installation. Bonness to complete work
with a W.O. after lighting installation is complete. Lighting installation was recommended by McGee.
4-17-06; Lighting by Kent is pending; Spoke with Thomas Ladimer of Kent he says that Jim Smith will be
managing this project.
5-1-06; Kent Technologies to install Lights May 1-30; Bonness is to complete paver installation following
lighting project completion.
5-15-06: Jim Smith new project mgr. - Tentative meeting 5-17-06 with McGee / Smith and Lulich to have
Coordination meeting before project proceeds.
5-30-06; Meeting scheduled on June 2"', to review project. - Inspection
6-12-06: Kent Technology Jim Smith confrrms schedule for construction within 2 weeks.
6-27-06: Kent Technology - under construction work to be completed June 29, 2006
7-18-06: Change in Specs by McGee requires jack and bore operation which will commence by 8-1-06.
8-16-06: Jim Smith with Kent Technologies confirmed that they are under construction with Lighting.
8-22-06: Jim Smith confrrms that Kent will install lighting foundations beginning on August 30, 2006 with
project completion by September 8, 2006. Bonness confirms that upon completion of Kent installation of
bases by Sept. 8, 2006 Bonness would anticipate completion of curbing by Sept. 30, 2006.
8-31-06: Jim Smith confirms crews have picked up the footings for the lights and will begin installation this
week for the footings.
9-20-06: Installation of light bases is completed by Kent Technologies.
10-18-06: Conduit installation completed by Kent Technologies
1
161
B 6
(lMM-5) -ACTIVE -{FDOT JPA Grant) - UNDER DESIGN 60% COMPLETE-LIGHTING-
Immokalee Beatification Phase IV - Design (Consultant: Mike McGee)- Design Phase - 30% Completion;
McGee & Assoc. Work Order for $76,944.02 issued NTP Design on 3/25105.
McGee 60% plans are to be reviewed by Staff and Set up FDOT pre-app meeting with Lisa in ROW. Note:
LISA TUCKER TO SET FDOT PRE-APPLICATION MEETING DATE. MCGEE TO FILL OUT FDOT
FORM FROM LISA TUCKER. On Jan. 24, 2006 there is a meeting with McGee and Sub-Consultant to
review plans for FDOT Pre-Application.
4-17-06 McGee to re-submit plans with cOITected project number for review.
5-1-06; McGee & Assoc. is non-responsive in providing requested 60% plans
5-30-06 McGee & Assoc. submitted 60%
6-5-0660% Plans submitted to Staff and FDOT for review. Review Pending.
6-12-06: 60% plans under review by FDOT.
6-27-06: 60% plans under review by FDOT
7-18-06: 60% plans under review by FDOT
8-16-06: 60% plans under review by FDOT
8-22-06: 60% plans under review by FDOT
8-31-05: Email sent to Karen Miracolla for status of 60% review.
9-25-06: PBS&J request information from McGee & Associates for project.
10-18-06: Request to proceed with 100% plans submitted to FDOT
(IMM-3) ACTIVE - Immokalee MSTU expanding their boundaries-
5-15-06-RLS sent to Scott Teach - to answer committee questions on expanding boundaries and procedure
of expanding.
5-30-06 - in recent emails Scott Teach advises 50+ petition to go before the board.
6-12-06: Committee to petition citizens for proposed change. - Staff has maps complete.
6-27-06 ; Confirmed with Scott Teach - yes 50%+ I required.
7-18-06: Committee on 8-16-06 with Scott teach evaluation on proposal- committee is required to
provide 50% + I petition - prior to proceeding with expansion of boundaries.
8-7-06: Kevin Lilly to provide assessed values and Dan Regan is to provide survey data for delineation.
Scott Teach is working on sample petition.
8-16-06: Sample Petition Complete, Mapping Complete. County Attorney review and recommendation
pending.
8-16-06: Due to No Quorum Committee Action not taken. Committee action required to approve petition
and approval of funding for mailing of petition to residents.
9-20-06: Committee approved Sample Petition and Boundary Expansion and payment for mailing. Mailing
is to have Spanish and Creole language.
(IMM-4) - COMPLETE -Sidewalk Project (Consultant: Mike McGee)- Non-MSTU Project;
August 11,2005: Trinity is Pathways contact and will report on status
8-16-06: Final Application for payment submitted by Higgins. Staff processing Final Change Order prior to
payment.
8-22-06: Trinity Scott reports that the project is at Final Completion with a fmal change order pending prior
to project closeout. MSTU Committee is to receive re-imbursement of funds in the amount of$195,706.00
from FDOT. Reimbursement through FDOT to occur upon Final Completion.
8-31-06: Gloria HeITera reports that a change order #1 has been approved for the Higgins Contract for -.54
(cents) Final Pay Application has not been received.
9-20-06 Final payment has been processed to DN Higgins.- sidewalk Project
(lMM-2) COMPLETE-Immokalee Banner Replacement-'Welcome to Immokalee' Banners Delivered to
A TM Department.
(IMM-l) COMPLETE - Holliday Banners - Banners Delivered to ATM Department.
2
" ..
,J6/
~002
'8 7
11/03/ZDo6 10:25 FAI
AGENDA
~Q!..~IER COUNTY CONTRACTORS' LICENSING BOARQ
DATE: THURSDAY - NOVEMBER 16. 2006
TIME: 9:00 AM,
COLLIER COUNTY DEVELOPMENT SERVICE CENTER
2800 N. HORSESHOE DRIVE, ROOM 61~
NAPL.ES. FL 34104
RE:t;EIVED
NOV 0 3 2006
Board of County Commissioners
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF ":'HE
PROCEEDINGS PERTAiNING THERETO, AND THEREFORE MAY NEEO TO ENSURE THAT A VERBI~TIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCL.UOES THAT TESTiMONY 'tD
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Fiala
I. ROLL CALl.. Halas. ~
II. HCeOny,nelng~f
ADD1TIONS OR DELETIONS: - --
Coletta
IiI. APPROVAL OF AGENDA:
IV. APPROVAL OF MINUTES:
DATE: October 2006
V DiSCUSSION:
VI NEW BUSINESS:
Ma~k C. Dunstan - Request to have Painting license reinstated without retaking exams.
Alan Drake -. Review of credit report.
VII. OLD BUSINESS:
VIII PUBLIC HEARiNGS:
CLB CASE #2006-10
Michael Wayne Griffin
D/B/.A, Gale Construction Services, Inc.
CLB CASE#2006-1 ~
Michael Wayne Griffin
D/B/A Gale Construction Services, Inc.
CLB CASE #2006-12
Ronald Dale Paron, Jr.
D/B/A Storm Systems, Inc.
IX REPORTS:
X. NEXT MEETING DATE:
January 17, 2007
3101 E. Tamiami Trail
Naples. FL, 34104
])L(!.e-Mh~
;n (.cft~/
W /7 C -e II-e)c. Corres:
Date: It (2% ( () (,
Item#: l~I 1131
Caolo,s to
11/03/2006 10:24 FAI
I4J 001
COLLIER COUI'JTY B:':Il.,oING i<EVIEW & PERMITTIKG
CONTRACTOR'S LICENSING
101 B
7
2800 N. Horseshoe Dr., Nap!es, Florida 34104
Phone: (239) 403.2432 FAX' (239) 403-2489
CONTRACTOR'S LICENSING
FAX (239) 403-2469
DA TE:-L/ :::l- tJ &
TIME: ~~~~.-!..d ; 1-() fhr'--..
FAX NUMBER: 7 ?:L.2 cP to ..2.#
TO: D...e L G /'")", ; -e. ___________..________
FfRMiDEPARTMENT: 73.d -:1'~ (i~~._
CITY. STATE:__
FROM
NAME: _A...SO" i: uJ". ~ h 1-
DEPARTMENT:____~ l.,'c _
TELEPHONE:______~ 3-=~~~.__.-_____._
TOTAL PAGES INCLUDING COVER SHEET: -2--
SPECIAL INSTRUCTIONS: ;1) tll! . . ildFr:L.... -F-1;;J--7.3 .
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-
.
Radio Road Beautification M.S. T. U.
Advisory Committee
2885 Horseshoe Drive South
Naples FL 34104
1!~ I B 8
v" ____
Fiala -----~---
Halas .-v___
Henning-~_
coy\e-~-
Coletta -.--1----.-------
October 17, 2006
RECEIVED
NOV 0 6 2006
SUMMARY
Board of County Commissioners
A quorum was established, the minutes and agenda were approved.
V. Transportation Services Report
B. Project Manager Report - Darryl Richard
1. New Bank Damage
The plan on the bank was demonstrated. Some of the shrubbery that
was removed during construction was determined to be within the Bank's
property. The builder has agreed to pay for irrigation that was removed.
Dale Lewis moved to accept the Bank layout on Devonshire.
Second by Betty Schudel. Motion carries unanimously 3-0.
Dale Lewis moved to have the medians numbered, not to exceed a
cost of $2,500.00. Second by Betty Schudel. Motion carries 3-0.
V. Transportation Services Report
A. Budget Report- Tessie Sillery
1. Mileage Rate Change Report
Dale Lewis moved to have the mileage rate back to .5% the next
fiscal year. Second by Betty Schudel. Motion carries unanimously
3-0.
Mis~iSC. Conts:
D,:.oate:~ulo<.. '/
I I~#: I~:C { ~K
Copies ~o.
161 B 8
Radio Road Beautification M.S. T. U.
Advisory Committee
2885 Horseshoe Drive South
Naples FL 34104
October 17, 2006
MINUTES
I. The meeting was called to order by Chainnan Dale Lewis at 4:30 p.m.
II. Attendance
Members: Helen Carella, Bill Jaeger (absent), Dale Lewis, Gloria Patterson
(excused), Betty Schudel
County: Darryl Richard- Project Manager, Tessie Sillery- MSTU Project
Coordinator
Others: Frank Kip and Mike Luneke- Advanced Lawn, Michael McGee- McGee
& Associates, Tony Maro- Berkshire Lakes, Fred Rogers- Berkshire Lakes,
Michelle Guerrero- Mancan.
Committee Member Gloria Patterson will be going back up north to be with her
family since she was diagnosed with cancer. A card can be sent to her.
III. Approval of Agenda
Betty Schudel moved to approve the agenda. Second by Helen Carella.
Motion carries unanimously 3-0.
IV. Approval of Minutes: September 19, 2006
Betty Schudel moved to approve the minutes for September 19, 2006.
Second by Dale Lewis. Motion carries unanimously 3-0.
V. Transportation Services Report
A. Budget Report- Tessie Sillery
1. Mileage Rate Change Report
Postponed until Tessie Sillery could return.
B. Project Manager Report - Darryl Richard
Darryl Richard distributed and reviewed the report (see attachment). He
reported back on questions issued last month, that a need for a loan has to
be defined before it can be issued.
1
Pavers should be placed in about 30-60 days.
161 B 8
1. New Bank Damage
The plan on the bank was demonstrated. Some of the shrubbery that
was removed during construction was determined to be within the Bank's
property. The builder has agreed to pay for irrigation that was removed.
Dale Lewis moved to accept the Bank layout on Devonshire.
Second by Betty Schudel. Motion carries unanimously 3-0.
Darryl Richard suggested having the annual contractor number the
median tips for ease of location reference.
Dale Lewis moved to have the medians numbered, not to exceed a
cost of $2,500.00. Second by Betty Schudel. Motion carries 3-0.
Plumbago plants are suffering since they are on the drip lines. Staff will
be directing the maintenance contractor to retrofit all of the plumbago and
allamanda beds with irrigation nozzle extensions. The funds will come
out of the #112 Fund. frank Kip added that the project should be
completed by the end of next week.
IX. New Business
A. Greenway Path- Trinity Caudill-Scott
She is working on a Florida Power and Light Greenway path which runs from
Rattlesnake Hammock to Radio Road. A twelve foot multi use path will
meander with two canal crossings. The public meeting that was held showed
overwhelming support for the project. CAT benches will be placed along the
path at intersections. Plantings on the path can only grow up to fourteen feet,
with no irrigation permitted. The project should begin next spring, with the
construction taking 60-90 days. Another public informational meeting should
take place before the end of the year.
It was requested to have the landscaping and the next public meeting date be
brought before the Committee.
If the project is turned over to Parks and Recreation timed entrance gates
may be constructed.
V. Transportation Services Report
A. Budget Report- Tessie Sillery
Tessie Sillery reported that Lisa Hendrickson will be doing budgets in the
future. Project numbers will no longer be issued. The operation expenses for
the end of the year are $84,898.07, the capital improvements are $14,016.12.
The Radio Road Fund number has been switched from Fund #150 to Fund
#158.
1. Mileage Rate Change Report
2
Previously addressed in the project status report (see attachment). The
issue to increase the mileage rate can be addressed in April 2007'16 I B 8
Dale Lewis moved to have the mileage rate back to .5% the next
fiscal year. Second by Betty Schudel. Motion carries unanimously
3-0.
VI. Landscape Maintenance Report
A. Monthly Report- Advanced Lawn
Michael Luneke reported that there was a problem with a pump which has
been replaced. Watering is being doubled. A second irrigation line will be
run for the struggling plants on Devonshire. Advanced Lawn will replace the
bad plants at their own expense. He agreed that the list of plants supplied by
Betty Schudel is accurate (see attachment).
Frank Kip suggested a watering truck on Devonshire once a week during the
dry season.
Michael McGee suggested having homeowners living at the backside of the
hedge on Devonshire overs pray with their watering systems.
VII. Landscape Architects Report- Michael McGee
A. Monthly Report
Watering times need to be turned up to the maximum amount permitted.
B. Radio Road Project Phase- I
Michael McGee will provide Darryl Richard with curbing plans for Phase- I
next week.
Water reuse conversion plans will be designed and brought before the
Committee.
VIII. Old Business
Helen Carella mentioned little white flowers growing amongst the grass. Dale
Lewis replied that nothing will be done due to the future project going in this
area.
IX. New Business
A. Greenway Path- Trinity Caudill-Scott
Previously covered.
B. New Building by the Junk Yard
Covered during the project report (see attachment). Darryl Richard has
requested plans for the Committee to review.
3
X. Committee Member Comments
None
It
V :1
B 8
XI. Public Comments
Open discussion ensued on plantings.
Tessie Sillery suggested a presentation be given on Roberts Rules. The
Committee was agreeable.
Fred Rogers reiterated the impact of the vegetation dieing off and that action
could have been taken to prevent it.
There being no further business to come before the Committee, the meeting was
adjourned at 5:50 p.m.
The next meeting is scheduled for November 21, 20064:30 p.m.
2885 Horseshoe Drive South
Naples, FL 34104
4
161
Radio Road Beautification M.S.T.U.
Advisory Committee
2885 Horseshoe Drive South
Naples FL 34104
November 21, 2006
AGENDA
I. Call Meeting to Order
II. Attendance
III. Approval of Agenda
IV. Approval of Minutes: October 17,2006
V. Roberts Rule of Order Presentation- Sue Chapin
VI. Transportation Services Report
A. Budget Report- Tessie Sillery
B. Project Manager Report - Darryl Richard
VII. Landscape Maintenance Report
A. Monthly Report- Advanced Lawn
VIII. Landscape Architects Report- Michael McGee
A. Monthly Report
B. Radio Road Project Phase- I
IX. Old Business
A. New Building by the Junk Yard
B. Greenway Path Public Meeting and Plans
X. New Business
XI. Committee Member Comments
XII. Public Comments
XIII. Adjournment
The next meeting is scheduled for December 19, 20064:30 p.m.
2885 Horseshoe Drive South
Naples, FL 34104
1
D
R
161 B 8
October 17, 2006
Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation
Modes
Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes
Radio Road MSTU Proiect Status
(R - 17) - ACTIVE- Committee Chairman request for information regarding 'loan' to MSTU
9-19-06: Radio Road MSTU Committee Chairman request staff provide a report on options available to the
MSTU in so far as a 'loan' or advancement of funds. (1) What is the maximum amount? (2) Is there any
interest? (3) What is the amount of time allowed for repayment?
(R- 15) - ACTIVE- Pavers for Foxfire Medians
9-19-06: Radio Road MSTU votes to install pavers at the median tips (bull-nose) for the West Median and
East Median at Foxfire.
9-19-06: Staff request Quote from Bonness for the paver installation.
10-10-06: Staff receives quote from Bonness in the amount of$9,257.70, Request to Purchase submitted.
( R - 13) - ACTIVE- Annual Services Contract: McGee & Associates
9-19-06: Radio Road MSTU Committee Approved proposal from McGee in the amount of: $11,445.00 for
annual consulting services.
( R - 12) - ACTIVE- LANDSCAPE PROJECT- Complete-Radio Road Landscape Project (Curbing,
Irrigation, and Plantings) - Work Order for Design to be initiated in FY-06 (October 1, 2005); Construction
Cost: $810,000.00; Design Cost: $64,300.00 McGee & Associates
l2-15-05-McGee sent notice to go 'on hold' for Project.
3-06-06 - McGee to revise scope of project as per Don Scott.
3-20-06 - McGee sent 'Go Ahead' on Work Order.
4-4-06-McGee submits request to modify work order in amount of$6,696.00 (submit for Committee
Approval)
5-1-06; Radio Road Curbing Plan 30% Submittal Review is pending. May 2, 2006 meeting to address
Access Management issues.
5-15-06; Access mgmt. Meeting on 5-3-06; as per diane flagg project will be phased into Phases I and
Phase II. Dale Bathon confirming with funding from transportation and Don Scott confirming with
Transportation Administration.
5-30-06; Project is to include 3 phases, mcgee & assoc. to provide scope for phase I. - Pending
Phase I - From (Devonshire - West to western most boundry of Berkshire Lakes Subdivision)
Phase II - From ( Western most boundary of Bershire to Livingston)
Phase II1- From (Livingston to Aiport)
6-12-06: McGee & Associates preparing proposal for phase I, and waiting on final billing on old work
order.
6-27-06: Need McGee proposal for phase 1.
7-12-06: Need McGee proposal for phase I.
8-4-06: MSTU approved McGee Proposal for Phase I
8-22-06: Work Order for McGee Phase I is in process of SAP upload. PO number is pending. NTP is
anticipated by August 24, 2006.
8-25-06: Diane Flagg request verification that the Total Amount spent will not exceed the original Work
Order Amount of $64,300.00 (versus new proposal for: $17,330.00)
9-11-06: McGee & Associates sends correspondence in response to Staff request for confirmation of
anticipated cost for consulting for Phase I, II, and III combined. Copy provided for September 19, 2006
Radio Road MSTU regular meeting.
9-11-06: Notice to Proceed issued to McGee & Associates for Phase One Project; TLO-MA-3614-G6-16;
P. O. #4500066290; Total net project is $17,330.02; Work Order time-line of 140 days with Project Start
Date is September 11,2006 and Project End Date is January 29,2007.
1
1 6 t. B 8
it
9-19-06: TECM Engineer Dale Bathon submits proposal for advancement of a portion of Phase II Project
into the Phase I project scope from Livingston Rd. to Kings Way. The Radio Road MSTU Committee votes
to not include this section in Phase I Project. Phase One project schedule: Design Complete January 29,
2007; Bidding Phase February 2007; BCC Approval of Award March 13,2007; NTP April 30, 2007;
Construction 120 time-line with Completion by August 30,2007
(R-11) ACTIVE- SDP 3425 Radio Road - Plan review by Committee for Landscape Plans submitted for
development.
(R-10) ACTIVE- SDP 7405 Devonshire Blvd- Plan review by Committee for Landscape Plans submitted
for development.
9-25-06: Plans reviewed with ROW. Contractor has removed shrubs on County ROWand will be required
to replace shrubs and damaged irrigation system.
(R - 14) - COMPLETE -Request from TECM Engineer Dale Bathon - Phase II Project item
9-19-06: Dale Bathon submits plans for a section of Phase II project (Livingston Rd. to Kings Way) for
inclusion into Phase I project.
9-19-06: Radio Road MSTU Committee votes not to include Phase II item into Phase I project.
(R-9) CANCELLED -Well Water Mitigation (Chemical Treatment of Well Water)- Cancelled-
September 12, 2005: 8/16/05 committee cancelled project. Cost was determined to be excessive for annual
maintenance of filtration system.
(R - 8) - COMPLETE -Milage Rate (.25 vs .50) - Dale Lewis requested for the history at the Budget
(Carry Forward vs Audit - follow up meeting) with all the MSTU Chairman - 7-17-06
8-22-06: Sharon Newman's report is pending.
8-25-06: Norman Feder, Transportation Administrator accepts responsibility for the adjustment of the
Millage Rate from .50 to .25 (during FY-04 to FY-05). The Radio Road MSTU Committee may vote to
increase Millage back to .50 for the FY -08 Budget Request. Currently the Radio Road Project Funds are
sufficient for current project demands.
(R - 7) - COMPLET E - Devonshire Maintenance (Fund 150)-Advanced Lawn Estimate 06-191; On
August 4, 2006, By Committee Action, Committee approved $17,290.00 for items included in Advanced
Lawn estimate for Devonshire Maintenance (Fund 150). Scope of project is stump grinding, Viburnum
replacement and incidental irrigation repairs (included in quote, as per Frank Kip, owner)
8-24-06; Advanced Lawn Crews begin stump Grinding
8-25-06; Mike Luneke, Advanced Lawn confirms that stump grinding is at 100% completion. Staff to
inspect. Advanced Lawn will finish planting ofVibumum by 8-26-06.
8-31-06: Project is complete
(R - 6) - COMPLETE - Radio Road Maintenance (Fund 112) -Advanced Lawn Estimate 06-184, 06-185,
and 06-186; On August 4, 2006, Committee reviewed items included in Advanced Lawn estimate for Radio
Road Maintenance (Fund 112). Scope of project is replacement of Juniper Plants, installation of mulch
material, and installation of irrigation components.
8-25-06; Mike Luneke, Advanced Lawn confirms that project is at 100% completion. Staff to inspect.
(R-5) COMPLETE - PROJECT TRANSFERRED TO CAT FUNDING-CAT Bus Shelter
(R-4) -COMPLETE- Sod Refurbishment at median 1 Radio Road at Santa Barbara -COMPLETE-
Advanced Lawn.
(R-3) -COMPLETE-Pump Repair -Radio Road- COMPLETE; Repair By County
(R-2) -COMPLETE-Annual Maintenance Contract Bidding-
July 28,2005: NTP Contract 05-3686 Part II, issued to Advanced Lawn Maintenance - Completed
2
16/8 R
(R-l) COMPLETE -ARBORIST SERVICES CONTRACT; Committee requested McGee to provide quote
for arborist services. McGee Scope for Arborist Services cannot be approved as per LA 04-3614,
Landscape Architectural Services Fixed, Terms and Conditions. Additional Quotes requested as per
Committee Direction.
4-17 -06; Davey Tree Company is low quote at $15,350.00 for both consultation and maintenance.(submit
for Committee Action)
5-1-06; Documentation for Request to Purchase submitted. PO is pending.
5-15-06: Project complete with Field Inspection pending
5-30-06 Inspection complete - contractor to perform additional final pruning late fall.
6-27-06: Final pruning in fall to be done
3
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AGENDA
Revised
161 B Q
REC'EI\1ED
NOV 0 3 2~
'liard of COunty CommiSSioners
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, NOVEMBER 2,2006, AT
THE COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION (CDES),
CONFERENCE ROOM 609/610, LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN
ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10
MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN.
PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED
IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM
OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE,
WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL
BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF
SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN
PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF
THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD
OF COUNTY COMMISSIONERS IF APPLICABLE.
1. PLEDGE OF ALLEGIANCE
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND
THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Fiala .;
Halas' ~
Henning- 1:;1_- -=
Coyle _ '
Coletta '-
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2. ROLL CALL BY CLERK
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES - SEPTEMBER 21, 2006, REGULAR MEETING
6. BCC REPORT- RECAPS - OCTOBER 10, 2006, REGULAR MEETING
7. CHAIRMAN'S REPORT
8. ADVERTISED PUBLIC HEARINGS
A. Petition: RZ-2006-AR-I0150, Buckstone Estates, LLC, represented by William L. Hoover, AICP of Hoover
Planning and Development, Inc. and Richard Yovanovich, of Goodlette, Coleman & Johnson, P.A., request a
rezone from the Rural Agricultural (A) zoning district to the Residential Multi-Family-6 zoning district
(RMF-6[with a limit of 4 homes/ per acre]) for a 4.6H acre project known as Scenic Woods. The property is
located on the south side of Wolfe Road approximately Y:z mile west of Collier Boulevard in Section 34,
Township 48 South, Range 26 East, Collier County, Florida. (Coordinator: Kay Deselem) CONTINUED TO
12/7/06
Misc. C1: {
Date: II 2.$ 0 0
Item #J (gIII3 9
1
16 I,,:, B 9
B. Petition: PUDZ-A-2006-AR-9021, Collier County Transportation Division, represented by Fred Reischl,
AICP, of Agnoli Barber & Brundage, requesting a PUD to PUD Rezone to amend 99.3 acres from The Club
Estates PUD to LA SIP Conservation Area Community Facilities Planned Unit Development (CFPUD).
The site is currently covered by a conservation easement and is proposed to be amended for preserve, water
management and passive recreational uses. The subject property is located on the west side of Collier
Boulevard, south of Club Estates Drive and north of Naples Lakes Country Club, in Section 9,
Township 50 South, Range 26 East, Collier County, Florida. (Coordinator: Melissa Zone) COMPANION
TO PUDA-2006-AR-9576
C. Petition: PUDA-2006-AR-9576, The Club Estates II, LLC, represented by Michael Fernandez, AICP, of
Planning Development Incorporated, requesting a PUD Amendment to change the Club Estates Planned
Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The
proposed amendment seeks to remove 99 acres from the original PUD, reduce the number of allowable
dwelling units from 49 to 28, change the name and remove a recreation tract and a common trash collection
area as requirements. The subject property is 155.3::1: acres, with a proposed density of 0.18 units per acre, and
is located on the west side of Collier Boulevard (C.R. 951), approximately 1 mile north of Rattlesnake-
Hammock Road, in Section 10, Township 50 South, Range 26 East, Collier County, Florida. (Coordinator:
Melissa Zone) COMPANION TO PUDZ-A-2006-AR-9021
D. TIS (Transportation Impact Statement) Guidelines and Procedures (Coordinators: Nick Casalanguida and
Phil Tindal, Transportation Planning)
E. CONTINUATION OF EAR-BASED GROWTH MANAGEMENT PLAN ELEMENT AMENDMENTS,
AS FOLLOWS:
CAPIT AL IMPROVEMENT ELEMENT
ITRANSPORTATION ELEMENT
. PUBLIC FACILITIES ELEMENT:
SANITARY SEWER SUB-ELEMENT
POTABLE WATER SUB-ELEMENT
DRAINAGE SUB-ELEMENT
SOLID WASTE SUB-ELEMENT
NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT
HOUSING ELEMENT
RECREATION & OPEN SPACE ELEMENT
CONSERVATION & COASTAL MANAGEMENT ELEMENT
INTERGOVERNMENTAL COORDINATION ELEMENT
FUTURE LAND USE ELEMENT
GOLDEN GATE AREA MASTER PLAN
IMMOKALEE AREA MASTER PLAN
MARCO ISLAND MASTER PLAN
ECONOMIC ELEMENT
9. OLD BUSINESS
10. NEW BUSINESS
II. PUBLIC COMMENT ITEM
12. DISCUSSION OF ADDENDA
13. ADJOURN
11-2--06 cepe Agenda/RBimk/sp
2
16/
B 9
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, OCTOBER 19, 2006, AT
THE COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION (CDES),
CONFERENCE ROOM 609/610, LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORlDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN
ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED ]0
MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN.
PERSONS WISHING TO HAVE WRlTTEN OR GRAPHIC MATERIALS INCLUDED
IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM
OF 10 DAYS PRlOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE,
WRlTTEN MATERlALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL
BE SUBMITTED TO THE APPROPRlATE COUNTY STAFF A MINIMUM OF
SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MA TERlAL USED IN
PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF
THE RECORD AND WILL BE AVAILABLE FOR PRESENT A TION TO THE BOARD
OF COUNTY COMMISSIONERS IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND
THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY CLERK
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPRO V AL OF MINUTES - SEPTEMBER 7,2006, REGULAR MEETING
6. BCC REPORT- RECAPS - SEPTEMBER 26,2006, REGULAR MEETING
7. CHAIRMAN'S REPORT
8. ADVERTISED PUBLIC HEARINGS
A. Petition: RZ-2005-AR-8427, Polly Ave, LLC, represented by Tim Hancock, of Davidson Engineering, Inc.,
is requesting a rezone from the Agricultural (A) zoning district to the Residential Multi-Family 12 (RMF-12)
zoning district with a density of 7 dwelling units per acre that would allow 61 multi-family dwelling units.
The petitioner is requesting the higher density based on the residential infill provision of the Growth
Management Plan, Future Land Use Element Density Rating System. The subject property consists of
8.68 acres for project known as Manu's Rezone. The subject property is located off of Rattlesnake-
Hammock Road on Polly Avenue, Section 16, Township 50 South, Range 26 East, Collier County, Florida.
(Coordinator: Melissa Zone) CONTINUED FROM 10/5/06
1
16;
B 9
B. Petition PUDZ-2003-AR-4988, Waterways Joint Venture V, represented by Dwight H. Nadeau, of RWA,
Inc., and Richard D. Yovanovich, of Goodlette, Coleman & Johnson, P.A., requesting a rezone from
Planned Unit Development (PUD) [which was originally approved as the Outdoor Resorts PUD] and
Rural Agricultural (A), to Residential Planned Unit Development (RPUD) for a project to be known as
Summit Lakes RPUD, to allow development of a maximum of 968 dwelling single-family attached or
detached units, and associated recreation areas that may include, but not be limited to, a clubhouse tennis
courts and swimming pools. Access to the property will be from lmmokalee Road (County Road 846). The
property is located approximately 12 mile east of the intersection of Collier Boulevard (C.R. 951) and
Immokalee Road (C.R. 846). The property is in Section 26, Township 48 South, Range 26 East, Collier
County, Florida, and consists of 138.3:1: acres (Coordinator: Kay Deselem) CONTINUED FROM 10/5/06
C. Petition: PUDZ-2005-AR-8l47, Vornado Development, Inc., represented by D. Wayne Arnold, ofQ. Grady
Minor and Associates, P.A. and Richard D. Yovanovich, Esq., of Goodlette, Coleman, and Johnson, P.A..,
are requesting a rezone from the Golf Course (GC) zoning district to the Residential Planned Unit
Development (RPUD) zoning district, to allow a residential development with a maximum of 3 dwelling units
per acre, or 24 total dwelling units in a project known as the Vornado RPUD. The 8:1: acre subject property
is located off Palm Drive in the Glades Subdivision, behind the Towne Center Shopping Center, in
Sections 12 and 13, Township 50 South, Range 25 East, Collier County, Florida. (Coordinator: Kay
Deselem) CONTINUED FROM 10/5/06
9. OLD BUSINESS
10. NEW BUSINESS - Proportionate Fair-Share Ordinance and Transportation Concurrency Management System-
Coordinator: Phil Tindall, Transportation Planning
11. PUBLIC COMMENT ITEM
12. DISCUSSION OF ADDENDA
13. ADJOURN
] 0-19-06 eepe Agenda/RB/sp
2
AGENDA
161
RECEIVED
NOV 0 7 2006
tt
iLl
-9
..
Boarc1 of County Commissioners
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, NOVEMBER 16,2006, IN
THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY
GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN
ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10
MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN.
PERSONS WISHING TO HAVE WRlTTEN OR GRAPHIC MATERIALS INCLUDED
IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM
OF 10 DAYS PRlOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE,
WRlTTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL
BE SUBMITTED TO THE APPROPRlATE COUNTY STAFF A MINIMUM OF
SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN
PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF
THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD
OF COUNTY COMMISSIONERS IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND
THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY ^ NO
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
] . PLEDGE OF ALLEGIANCE
2. ROLL CALL BY CLERK
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROV AL OF MINUTES - OCTOBER 5, 2006, REGULAR MEETING
6. BCC REPORT- RECAPS - OCTOBER 24-25,2006, REGULAR MEETING
7. CHAIRMAN'S REPORT
8. ADVERTISED PUBLIC HEARINGS
A. Petition: PUDA-2006-AR-9466, Robert Reed, of Reed Development Company, represented by Robert
Duane, AICP, of Hole Montes, Inc., is requesting a PUD Amendment to the Calusa Island Village PUD to
rezone it from a PUD to MPUD. The subject property is located at 398 Angler Drive; and 260 Goodland
Drive, in Section] 8, Township 52 South, Range 27 East. (Coordinator: Carolina Valera)
B. CONTINUATION OF EAR-BASED GROWTH MANAGEMENT PLAN ELEMENT AMENDMENTS,
AS FOLLOWS:
CAP IT AL IMPROVEMENT ELEMENT
TRANSPORTATION ELEMENT
PUBLIC FACILITIES ELEMENT:
SANIT ARY SEWER SUB-ELEMENT
POT ABLE WATER SUB-ELEMENT
DRAINAGE SUB-ELEMENT
Misc. Corres:
Date:
Item#:
1
Copies to:
1611
k
SOLID WASTE SUB-ELEMENT
NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT
HOUSING ELEMENT
RECREATION & OPEN SPACE ELEMENT
CONSERVATION & COASTAL MANAGEMENT ELEMENT
INTERGOVERNMENTAL COORDINA nON ELEMENT
FUTURE LAND USE ELEMENT
GOLDEN GATE AREA MASTER PLAN
IMMOKALEE AREA MASTER PLAN
MARCO ISLAND MASTER PLAN
ECONOMIC ELEMENT
9. OLD BUSINESS
10. NEW BUSINESS
11. PUBLIC COMMENT ITEM
12. DISCUSSION OF ADDENDA
13. ADJOURN
] 1-] 6-06 cepe Agenda/RB/sp
2
B
9
16 PI 0-.
CONSERVATION COLLIER
LAND ACQUISITION ADVISORY COMMITTEE
November 13, 2006, 9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "F"), Third Floor
AGENDA
~
~
I.
II.
III.
IV.
Roll Call
Approval of Agenda
Approval of October 9,2006 Minutes
Old Business:
A. Real Estate Services update on status of A-list properties
B. Contracts/Agreements
New Business
A. Review of updated panther land use data
B. Review of Growth Management Programs/TDR and Rural Stewardship- Bill Lorenz,
Environmental Services Dept. Director
C. Initial Criteria Screening Reports
1. Arias
RECEIVED
NOV 0 3 ~
Board Of Coun(y Co"",,;".,
"n'~OtIers
V.
2. Velez
3. RR land Trust
D. Update reports for all properties included in 4th cycle
1. John Murray, Director, CREW Trust (Starnes)
2. Keith Laakkonen, Resource Manager, Rookery Bay NERR (Mcllvane Marsh)
3. Layne Hamilton, Manager, Florida Panther and 10,000 Island NWRs (Hamilton
and Mcllvane Marsh)
4. Roosevelt Leonard, Real Estate Appraiser - Winchester Head Update
E. Review of Ranking Procedures
F. Outstanding Advisory Committee Member Program
G. Program General Report
VI. Subcommittee Meeting Reports
A. Outreach - Tony Pires, Chair
B. Lands Evaluation and Management - Marco Espinar, Chair
C. Ordinance Policy and Procedures - Will Kriz, Chair
VII. Chair Committee Member Comments
VIII. Public General Comments
IX. Staff Comments
X. Adjournment
******************************************************************************************************
Committee Members: Please notify Cheri Rollins at 403-2424 no later than 5:00 p.m. on November 10. 2006 if
yOU cannot attend this meetinq.
Mis, Misc. Cools: ( J
OateDate: __ I { 2- ~ 0 Jc
Item ~em #: J (P ~l-J3 I 0
Copies to:
161810
October 9,2006
MINUTES OF THE MEETING OF THE CONSERVATION
COLLIER LAND ACQUISITION ADVISORY COMMITTEE
Naples, Florida, October 9, 2006
LET IT BE REMEMBERED, that the Conservation Collier Land
Acquisition Advisory Committee in and for the County of Collier, having
conducted business herein, met on this date at 9:00 a.m. in REGULAR
SESSION at Administrative Building F, 3rd Floor Collier County
Government Center, Naples, Florida, with the following members present:
Chairman: Bill Poteet
Michael Delate
Marco Espinar
Wayne Jenkins
Kevin Kacer
Will Kriz
Tony Pires
Stan Weiner
Mimi Wolok
ALSO PRESENT: Alexandra Sulecki, Conservation Collier Coordinator
Cindy Erb, Sf. Property Acquisition Specialist
Christal Segura, Conservation Collier Land Manager
Jennifer A. Belpedio, Assistant County Attorney
Bill Lorenz, Environmental Services Director
~ ;"~\. ~
",1:, ;,,/ "
C:l 0.'..'....
I' .J
1. ~,
.. -.
October 9,2006
I. Roll Call
The meeting was called to order by Chairman Bill Poteet at 9:02 a.m. Roll call
was taken and a quorum established.
II. Approval of Agenda
Mr. Pires moved to approve the agenda. Second by Mr. Delate.
Motion carries unanimously 9-0.
III. Approval of Septem ber 11, 2006 Minutes
Mr. Pires moved to approve the minutes for September 11, 2006. Second by
Mr. Jenkins. Motion carries unanimously 9-0.
IV. Old Business
A. Real Estate Services Update on Status of A-list Properties
Ms. Erb gave an update on the following properties:
Cycle Three-
City of Naples - Closed on September ih
North Fleischmann Parcel - still waiting on a determination.
Golden Gate Unit 53-
Graham Parcel- Closed September 15th.
Beardsley - To close December 15th.
Howery - Board of County Commissioners approved on September 26th, once
probate has completed closing will occur.
B. Contracts/Agreements
There are no contracts or agreements.
C. NGGE Unit 53 - Staff report on Board action
Ms. Sulecki reported that on September 26th she went before the Board of
County Commissioners to confirm their direction to purchase land within Unit
2
1'6/ BID
October 9, 2006
53 since property values were increasing. The Board made a motion which
carried unanimously to stop purchasing properties within North Golden Gate
Estates Unit 53 for two years unless value drastically changed.
Mr. Pires moved to request the staff to include in the appraisal section to
report back within six months on the sales and market trends in North
Golden Gate Estates Unit 53. Second by Mr. Kriz. Motion carries
unanimously 9-0.
There will be an update on Winchester Head next month.
D. Exceptional Benefits Ordinance
Mr. Kriz reported that at an [Ordinance Policy and Rules subcommittee]
meeting on Thursday that was attended by the Transportation and Utility
Departments language was crafted for the Ordinance. The Exceptional
Benefits Ordinance can now be recommended to the Board of County
Commissioners for approval.
The Chairman moved to the next item while copies ofthe Ordinance could be
copied and distributed.
V. New Business
A. Initial Criteria Screening Reports
1. McIlvane Marsh
Mr. Pires announced that his law firm represents a number of individuals
that have adjoining properties, but there should not be a conflict.
The Chairman moved back to the previous line item after the distribution
of the needed documents.
IV. Old Business
D. Exceptional Benefits Ordinance
Ms. Sulecki reviewed that the purpose of the document is to allow for resale
of portions of properties for necessary public infrastructure, which is not now
allowed. She reviewed the language and language changes (see attachment)
with help from Ms. Wolok and Mr. Kriz.
It was suggested that a super majority vote should be required by the Board of
County Commissioners if land is to be lost.
3
,:~
,
=-1.'"B
,i
"
j
October 9, 2006
Mr. Kriz moved to forward the Exceptional Benefits Ordinance to the
Board of County Commissioners with a recommendation for approval,
with the addition of a super majority vote. Second by Ms. Wolok.
Typographical errors were brought out.
Motion carries unanimously 9-0.
V. New Business
A. Initial Criteria Screening Reports
1. Mcllvane Marsh
Ms. Segura reviewed a spread sheet summarizing all the Cycle 4 property
applications (see attachment). She then reviewed the "Collier County
Initial Criteria Screening Report, Property Name: McIlvane Marsh
Rookery Bay Partnership Project" and a letter from the Department of
Environmental Protection (see attachments).
Mr. Kriz mentioned that DOT is planning a road on the East side of the
properties that abuts the project.
It was noted by Ms. Segura that the County owns one of the properties
due to an exchange agreement to mitigate for a developed road.
It was suggested that these lands are good potential lands for mitigation
for private entities.
A boundary adjustment could be made by US Fish and Wildlife in order to
incorporate the lands for law enforcement assistance.
2. ALM LLC (Lopez)
Ms. Segura reviewed the "Collier County Initial Criteria Screening
Report, Property Name: ALM LLC (Lopez)" (see attachment).
Property conditions are in flux due to draining of Golden Gate Estates.
There is a power line that runs through the property.
Mr. Pires added that there is potentially a large housing and road project
that could affect the vulnerability of the parcel [Big Cypress].
Mr. Poteet suggested that the concrete slab could be used as an outdoor
shelter or pavilion.
4
161810
October 9, 2006
It was suggested teaming with DOT at this time since they are potentially
going to need to mitigate within this area if they build the talked about
interchange. It was also suggested to look into working with Harley-
Davidson with the race track to create a Panther corridor.
3. Karen
Ms. Segura reviewed the "Collier County Initial Criteria Screening
Report, Property Name: Karen" (see attachment). This property is to the
South of Conservation Collier's Otter Mound Preserve. It was submitted
by the Karens themselves.
B. Review and Approval of Interim Management Plan for Milano property
Ms. Segura reviewed Executive Summary "Recommendation to approve an
Interim Management Plan for the Milano property under the Conservation
Collier Land Acquisition Program" (see attachment).
Ms. Wolok suggested working with the schools that are right in the area on
naming the property.
Mr. Kacer moved to approve Executive Summary "Recommendation to
approve an Interim Management Plan for the Milano property under the
Conservation Collier Land Acquisition Program." Second by Mr.
Espinar. Motion carries unanimously 9-0.
C. Outstanding Advisory Committee Member Program
There were two members of the County Government Productivity Committee
nominated, one for October the other for November.
D. Program General Report
Ms. Segura reported:
A tentative opening date for Otter Mound Preserve has been set for March
8,2007.
(Mr. Espinal' left the meeting at 10:34 a.m.)
November I st_3rd she will be attending a Public Land Acquisition and
Management Partnership Conference.
Ms. Sulecki reported:
A panther presentation will be given next month.
Ordinance revisions are done and will go forward to the Board of County
Commissioners.
5
l
fiB 10-1
/
October 9,2006
Purchase Policy language has been changed to address appraisal fees so
that the first appraisal will be paid for by the County but any thereafter
wi II be at the expense of the property owner. Language can be added to
allow the Committee to overturn it on an individual case basis.
Approval of extending Interim Management Plans through June 2007 on
the first four properties will be on the Board of County Commissioners
consent agenda.
The "no net loss of hunting" law has been investigated and found by the
County Attorneys Office that it will not affect Conservation Collier lands.
(Mr. Espinal' rejoined the meeting at ] 0:38 a.m.)
The Cocahatchee Creek sign will be relocated once Stone bridge places
their fence.
VI. Subcommittee meeting reports
A. Outreach - Tony Pires, Chair
A meeting will occur in the next month or so.
B. Lands Evaluation and Management - Marco Espinar, Chair
The Milano management plan was completed and a second review of the
Railhead Scrub management plan review was performed.
C. Ordinance Policy and Procedures - Will Kriz, Chair
Revisions to the Enabling Ordinance are complete. The Special Benefits
Ordinance is complete. Procedures to accomplish future land exchanges need
to be adopted.
Ms. Sulecki noted that Program lands currently open to the public use the
Parks and Recreation Ordinance but suggested that Conservation Collier
develop their own Use Ordinance.
VII. Committee Member Comments
Mr. Poteet announced that Michael Delate"s wife just gave birth to a son, Sean
Edward Delate.
VIII. Public Comments
None
IX. Staff Comments
6
16/810
October 9, 2006
None
There being no further business for the good of the County, the meeting was adjourned
by the order of the Chair at 10:50 a.m.
CONSERV A TION COLLIER LAND ACQUISITION ADVISORY
COMMITTEE
Chairman Bill Poteet
7
16 I B, .J
REC;EI\/ED
NO\; I 3 2006
PELICAN BAY SERVICES DIVISION
Board of County Commissioners
.." I /
~Ia a _ '
Halas ~
Henning__
Coyle ___+:.....---
c:oletta T
Municipal Services Taxing and Benefit Unit
NOTICE OF PUBLIC MEETING WEDNESDAY, NOVEMBER 15, 2006
NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE BUDGET
COMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD AT
HAMMOCK OAK CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES,
FLORIDA 34108 ON WEDNESDAY, NOVEMBER 15, 2006 at 3:00 pm
1. Roll Call
2. Approval of Minutes of the September 6, 2006
3. Audience Participation
4. Review of Major Budget Items, Year Ending 9/30/06
5. Review/Restate Long Range Goals
6. Long Range Capital Projects
7. Committee Requests
8. Adjourn
ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES
DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT
THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND
THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED. ANY PERSON REQUIRING SPECIAL
ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR
PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT
(239) 597-1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE
MEETING.
Pelican Bay -located in the County's District 2
Misc. ColT\!S: /
Date: l( I~f 6 ~
Item #: I (g r I f3 f I
Copies to
16 I 84
MINUTES
BUDGET COMMITTEE
September 6, 2006
Naples, Florida
LET IT BE KNOWN, that the Budget Sub-committee of the Pelican Bay Services Division
Board met in Regular Session on this date, September 6, 2006 at 2:00 P.M. at Hammock Oak
Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present:
Mr. Christopher Sutphin, Chairman
Mr. David Bramson (Absent)
Mr. Coleman Connell (Absent)
Mr. John laizzo
Mr. Matthew Mathias
ALSO PRESENT: One (1) resident and two (2) members of the Pelican Bay Services Division
Board; Mr. John Petty, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz,
Field Manager, Pelican Bay Services Division; Ms. Jean Smith; Operations Analyst, Pelican Bay
Services Division; Mrs. Barbara Smith, Recording Secretary.
AGENDA
1. Roll Call
2. Approval of Minutes of the May, 17,2006
3. Audience Participation
4. Board of County Commissioners Public Hearing Date
5. Street Lighting - How do we charge in Fiscal Year 2008
Retain as Ad valorem Tax
Use Non-ad valorem Assessment - John laizzo
recommendation
6. Website Upgrade
Review costs and benefits
Consider recommendation to proceed
7. Committee Requests
8. Adjourn
ROLL CALL
Mr. Sutphin called the meeting to order and asked that the record show all members
present with the exception of Messrs. Coleman Connell and David Bramson with excused
absences.
APPROVAL OF MINUTES OF THE MAY 17. 2006
Mr. la/zzo moved seconded by Mr. Mathias and approved
unanimously, the Minutes of the May 17, 2006 Meeting.
BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING DATE
Mr. Sutphin stated, "The Hearing on the Budget and the resulting Non-ad valorem
Assessment will be held in the Board Room of the Collier County Government CeIiltlBr catrrs!05 I
J ~ Ov
Date: \ (/
Item #:1~1.._L~ \ t_~
494
Budget Committee Meeting
September 6, 2006
16 I
811
P.M. tomorrow". Mr. Burke has asked me to present the Resolution to the County
Commissioners, which I will do. It should take about two minutes to get everything done.
STREET LIGHTING - HOW DO WE CHARGE IN FISCAL YEAR 2008
RETAIN AS AD VALOREM TAX
USE NON-AD VALOREM ASSESSMENT
Mr. Sutphin stated, "The next item is the result of a comment made by Mr. John laizzo at
one of our Budget Meetings". Mr. laizzo has suggested that since there are no security
expenses, which was the major item that we used Ad valorem Taxation to fund, that we consider
shifting street lighting from an Ad valorem Tax to a Non-ad valorem Assessment. It is not an
issue in the upcoming year because the budgeted expenses are funded from a carryover from
Fiscal Year 2006. If I look at the fund balances that are carried over, it may not even be an issue
in Fiscal Year 2008 because there is a lot of money in that fund. At this point, this is more of a
policy question. Mr. laizzo, since this was your suggestion, I will let you speak to it.
Mr. laizzo stated, "I believe this will have to be brought out and decided at a general
Board Meeting".
Mr. Sutphin replied, "I agree". I would like this Committee to make a recommendation to
the full Board and I am prepared to support it for a couple of reasons. It certainly simplifies
things and it is the smallest of the funds that we administer. To me, it would make the entire
assessment issue more understandable, if it is presented as one number instead of having a
Non-ad valorem Assessment and out on the side you have an Ad valorem millage rate, which
varies by the assessed valuation of the property. We are only talking approximately $15.00-
$20.00 in a typical year; is that right Mrs. Jean Smith?
Mrs. Jean Smith replied, "Probably a little more than that". It varies.
Mr. Sutphin stated, "No, if it were a Non-ad valorem Assessment, what would it be"?
Mr. Petty replied, "It would be under $50.00 per ERU". If you go to a Non-ad valorem
Assessment, the type of assessment would be on a per unit basis, not on an ERU. Most street
light assessments, when you try to determine the benefit, typically goes on a per unit basis and
not on an ERU basis because there isn't much change in the benefit of somebody driving down
495
Budget Committee Meeting
September 6, 2006
16 I
1~1
the road from a single family home to a multi-family home, even though you may have more trips
on the road. That being said, there is one side issue that sometimes happens on a Non-ad
valorem Assessment for street lights and that is that your perimeter properties, which are typically
commercial, are sometimes outside of the area that receives the benefit, so you may lose some
of that.
Mr. Sutphin stated, "If we have to create a whole new methodology for assessing by a
different unit base than what we currently use for ERU's, I would be inclined to forget the entire
issue and allow it to remain as it is". People have enough problems trying to understand the ERU
concept, without throwing another layer on top of that.
Mr. Petty stated, "As long as it is for the maintenance of the street lights, it is typically
determined by the Board or its' engineer and is how assessments have been done by the various
special districts". The only issue that would require a new methodology to be considered would
be if you have a capital rebuild program.
Mr. Sutphin stated, "For my education, suppose at some point in the future the entire
street lighting system was to be replaced as part of the general community refurbishment or for
some other reason and we are talking several million dollars". How would that be handled?
Mr. Petty replied, "Typically, that would go through an assessment methodology where
you have an independent third party contracted to do such a change". The determination would
be done by someone who is accredited in the State. An example would be Dr. Fishkind who
handles a lot of methodologies within the State of Florida. Someone of that caliber would be
looking at it and deciding if the benefit received could be allocated fairly by the dollars.
Mr. lazzo stated, "It is going to be less than $40.00 if we do an Assessment across the
Board". The question of how we handle a complete replacement was one that I had thought of as
well. We ought to decide at the General Meeting that if we go with a total system replacement,
how we are going to handle it. We have to have that answer before we go to an across-the-board
assessment.
496
Budget Committee Meeting
September 6, 2006
16 I 811
Mr. Sutphin stated, "If there is no objection, I am going to table this particular item".
There is no immediate plan to do a street lighting replacement. We don't even know that one is
required and this is kind of a "what if' question that I believe has been answered.
WEBSITE UPGRADE
REVIEW COSTS AND BENEFITS
CONIDER RECOMMENDATION TO PROCEED
Mr. Sutphin stated, "This item is a continuation of an item that was raised at the last
Board Meeting regarding upgrading the website". I wanted to bring it up in this forum to simply
verify that there is money in both the current budget and next year's budget to do this. It requires
no additional funds if we consider this upgrade. Mr. Petty, I forget the specific numbers that you
provided at the last Board Meeting. What is the maximum for a top of the line website?
Mr. Petty replied, "$5,000, with the intention of using Mrs. Barbara Smith for most of the
day-to-day type changes that you may have". That takes away a great deal of the costs
associated with it. We are not talking about design and the hosting issue.
Mr. Sutphin stated, "So it is a maximum of $5,000 to overhaul the website to get it up and
running". What is the on-going cost of keeping it out there?
Mr. Petty replied, "That would also be in the $5,000".
Mr. Sutphin asked, "For how long"?
Mr. Petty stated, "The $5,000 should cover us for one year's worth of calls, saying to
change links or add items". You almost have to do it on a cost basis and if exceeded, we would
have to come back to this body and ask for additional funds because of exceeded times. We
believe we can handle the needs of the Pelican Bay website, based on past experience after we
have remodeled it, for the $5,000.
Mr. Sutphin stated, "The question I was really asking was, once you have the ideal
website evolved, is there any on-going costs to keep it out there, over and above what we now
spend"?
Mr. Petty, replied, "No".
Mr. Sutphin stated, "Is it basically free after we make the initial investment"?
497
Budget Committee Meeting
September 6, 2006
16 I B Ii
Mr. Petty replied, "We would include the small cost of the hosting and the name registry
within the $5,000".
Mr. Sutphin asked, "How about three years from now"? In other words, are we adding a
level of cost that we don't now have, on-going?
Mr. Petty replied, "You would spend $5,000 per year, or its' adjusted amount". Every
year you should be doing a redesign to clean up all of the changes you made the prior year.
Every year you should evaluate the services and upgrade them. We would recommend that you
budget $5,000 for this item and that level for every year thereafter. With that in mind and since
we know that it was the intent of the District to have something besides "glmoyer.com" as your
website address, we have obtained "pelicanbayservices.com" as our new domain name.
Mr. Sutphin stated, "Unless anyone on the Committee objects, I would like to recommend
that the Board approve this level of expenditure and we get moving on it".
Mr. Sutphin moved seconded by Mr. Mathias and approved
unanimously to make a recommendation to the Board to
move forward with the website upgrade and approve the
level of expenditure to be $5,000.
- ---~ -- --- -- - ~ - - - - -- - - --- - ------------- - --- - -- ---
Mr. Domenie asked, "When do you expect this to be operational"?
Mr. Petty stated, "The domain name "pelicanbayservicves.com" should be populated
across the internet within twenty-four to forty-eight hours". At that point, it should show as being
"under construction". I will get our IT Department to start moving it to the new address. The
redesign is going to take some time, but we can get the existing site up and running until that time
and we can place a link that if anyone goes to the glmoyer.com site they will be redirected.
Mr. Sutphin stated, "I will make some suggestions at the Board Meeting as to what I think
the Board needs to do, individually and collectively, to market this to potential users. If we don't
do that, then we are wasting $5,000. One, the site has to have interactive capabilities so that
people can log on and submit their email address if they want to be on a distribution list and it has
to be indicated in every Pelican Bay Post article.
Mr. Domenie stated, "Certainly the articles in the Advisor should be on that website".
498
Budget Committee Meeting
September 6, 2006
16
Bll
Mr. Sutphin replied, "They are currently on the website". I downloaded the entire Pelican
Bay Advisor from the website and mailed it to my kids.
Mr. Domenie asked, "What about the articles I write for the Pelican Bay Post"?
Mr. Sutphin stated, "The complete Pelican Bay Advisor is on the website, in full color, just
as you received it".
Mr. Domenie stated, "That is the Advisor, I was talking about the articles I write in the
Pelican Bay Post".
Mr. Sutphin replied, "No, but they can be". One of the problems with the existing website
is that it is not as user friendly as a website needs to be. Someone who is not particularly text
sawy might have a problem finding things on the existing website and we want to make it as
easy to use as possible.
Mr. Petty stated, "Any document can be converted to pdf. format and posted to the
website" .
Mr. Mathias stated, "Once this new website is up and running the timing between a newly
drafted article and when it becomes available to Pelican Bay is twenty-four hours, not a month".
Mr. Burke asked, "Do we have a database for Pelican Bay homeowners"?
Mr. Petty stated, "We could certainly do that to the website where we have your budget,
meeting minutes, etc". There are currently a lot of documents there; it is just not in the prettiest
format.
Mr. Sutphin stated, "Building the email database is going to take time". Unfortunately the
Foundation has never made an effort to establish an email database for its members. I believe
that they are going to do this as part of their strategic planning issue involving communications.
would assume there would be no legal barriers of us sharing databases with the Foundation.
Mr. Petty replied, "There would be". There is an issue with the Federal Government
about spamming. If a person has not signed up with your organization, your sending them
something without their request would be considered an unsolicited spam.
Mr. Sutphin asked, 'Even though you have given them the option of deletion"?
499
Budget Committee Meeting
September 6, 2006
16 I B 11
Mr. Petty replied, "Yes".
Mr. Sutphin asked, "On the Foundation's website could they include a place to check if a
person wanted to be included on the Pelican Bay Services Division website"?
Mr. Petty replied, "Yes".
Mr. Sutphin stated, "We could then do the same thing on our website for a person to be
included on the Foundation's website".
Mr. Mathias asked, "Is it our intent to use the website as an outflow of information, or just
a website for access to information"?
Mr. Sutphin replied, "Both". An example is that Bay Colony, which has approximately
1,000 residences, publishes a directory and they have always asked for an email address. The
email address is an optional line that you can complete. Approximately 70% of Bay Colony
property owners have email addresses. They now receive a weekly Bay Colony update, which
supplements the monthly newsletter that goes out via "snail mail" every month. That, of course,
is voluntary. The entire directory is on their website. If you want to send someone an email you
just click on the address. It is fantastic and, hopefully, the Foundation will work towards
something like that. This is going to take time and given our website capability to handle those
kinds of things is a very necessary first step.
ADJOURN
There being no further business the meeting adjourned at 2:25 P.M.
Chris Sutphin, Chairman
500
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16 ~ 0 1 RECEIVED
Southwest Flol:~~."
Expressvvay Authority
Fiala 1../
BOARD OF DIRECTORS MEETING Hala~ JJ/
th Henning -
1 :30 p.m. Thursday, November 16, 2006 Coyle 0'
Council Chambers, Bonita Springs City Hall Coletta J
. 9101 Bonita Beach Road, Bonita Springs, Florida
-..----------.-,--;--.----.-...---------.--
'1
Bruce Anderson
Collier County
Bill Barton, Chairperson
Collier County
David Burr
SWFRPC Executive Director
Commissioner Jim Coletta
Collier County
Katherine Green, Vice-Chairperson 2.
Lee County
Commissioner Tammy Hall
Lee County
Bob Taylor
Lee County
Stan Cann
FDOT District One Secretary
AGENDA
CALL TO ORDER
1.
PLEDGE OF ALLEGIANCE/INVOCATION
3.
PUBLIC INPUT ON SCHEDULED ITEMS
MINUTES OF OCTOBER 26TH, 2006 MEETING
OLD BUSINESS
NEW BUSINESS
4.
APPROVE RESOLUTION AUTHORIZING STAFF TO
ESTABLISH AND MAINTAIN ACCOUNTS WITH THE
STATE BOARD OF ADMINISTRATION AND APPROVE
EXECUTION OF A RELATED INVESTMENT DOCUMENT
(Amy Davies, Lee County DOT)
5. PUBLIC OUTREACH EFFORT (David Loveland, Lee County
DOT)
6. CONSIDERATION OF HIRING LOBBYISTS (David
Loveland)
OTHER BUSINESS
7. WILBUR SMITH T&R STUDY PROGRESS REPORT
(Adrian Share, Wilbur Smith Associates)
8. TURNPIKE ENTERPRISE T&R STUDY PROGRESS
REPORT (Carleen Flynn, Florida Turnpike Enterprise)
::]~Io<o
Item #:.-1 (0 T / [) ~
Copies to:
1
.'
9. INFORMATION ITEMS
10. NEXT MEETING - DECEMBER 21sT, 2006
POTENTIAL TOPICS: Selection of Bond Counsel.
ADJOURNMENT
"
1
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Southwest Florida Expressway Authority
Board of Directors Meeting
Estero Community Park Recreation Center
9800 Corkscrew Palms Boulevard, Estero, Florida
Meeting Minutes
1:00 P.M.
OCTOBER 26, 2006
Call To Order
Chairman Barton called the Expressway Authority meeting to order at 1:05 p.m. Barbara
Chesney, Collier County Transportation Administration, acting as support to the Expressway
Authority, recorded the minutes. A quorum was present. Those in attendance were as follows:
Members Present
David Burr, Executive Director, SWFRPC
Bruce Anderson, Collier County Land Use Attorney
William Barton, Past Chairman of the Board and CEO of Wilson Miller in Naples
Katherine "Kitty" Green, the Bonita Bay Group, Regional VP of the North Region, Lee County
Bob Taylor, Chairman of Mariner Group and Robb & Stuckey, Lee County
Commissioner Jim Coletta, Collier County BOCC
Mike Rippe, FOOT SWAO for FDOT Secretary Stan Cann, District One (Non-VotingjEx-Officio)
Absent
Secretary Stan Cann, FOOT District One Secretary (Non-VotingjEx-Officio)
Commissioner Tammy Hall, Lee County BOCC
Others
Barbara Chesney, Operations Coordinator, Collier County Transportation Administration
Donald Scott, Collier County Transportation Planning Director
David Loveland, Manager, Transportation Planning, Lee County DOT
Colleen Greene, Collier County Attorney's Office
Jed Schneck, Lee County Attorney's Office
Johnny Limbaugh, FOOT, SWAO
Amy Davies, Lee County DOT
Adrian Share, Wilbur Smith Associates
Chris Swenson, CRSPE, Inc.
Ed Regan, Wilbur Smith Associates
Bill Austin, Wilbur Smith Associates
Nick Benedico, Wilbur Smith Associates
Carleen Flynn, Florida Turnpike Enterprise
Randy Fox, Florida Turnpike Enterprise
Hugh Miller, Florida Turnpike Enterprise
David James, Breeze Newspapers
Hal Canary, PFM
1
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SWFEA Meeting Minutes
October 26, 2006
Page 2
Marlene Messam, Stanley Consultants, Inc.
Charlie Whitehead, NON
Johnny Limbaugh, FOOT
1. Pledge of Allegiance/Opening Prayer
The Pledge of Allegiance was made followed by a brief prayer given by Mr. Anderson.
Mr. Loveland, Lee County DOT, announced there was a Recap agenda and two walk on items.
He also thanked the Lee County Parks and Recreation Dept. for hosting the SWFEA meeting even
though they were not officially opened in their new building for another week. (This meeting
was not televised).
2. Public Input on Scheduled Items
No one from the public wished to speak.
3. Minutes of August 24th, 2006 Meeting
Mr. Anderson noted a correction - page 8, under his motion change "condemn authority" to
"defend authority."
Ms. Green:
I move approval with the correction.
Mr. Taylor:
I second the motion.
MOTION CARRIED UNANIMOUSLY.
OLD BUSINESS
4. Reimbursement Resolution
Ms. Davies stated the Resolution was required prior to construction of the project and prior to
issuance of any bonds.
Mr. Taylor:
I'll entertain a motion that we approve the Reimbursement
Resolution.
Mr. Burr:
I second the motion.
MOTION CARRIED UNANIMOUSLY.
2
16, D-J.
SWFEA Meeting Minutes
October 26, 2006
Page 3
5. Wilbur Smith Associates TaR Study Progress ReDort
Adrian Share, Ed Regan, Nick Benedico, Chris Swenson of WSA, made a power point presentation
(see hard copy) and highlighted the following points:
. FDOT to LET the contract for design/construction in 4/07 with the addition of a lane in
each direction to be open to traffic in 2010
. If toll lanes on 1-75 are deemed a viable project after the T&R Studies performed by WSA
and the Florida Turnpike Authority, FDOT project to be delayed and the SWFEA would go
to bid in 4/08 with contract for construction in 5/08
. Pricing Options-tolls would need to be fully automated through use of Sun pass or Video
Tolling may be an option, possible variable tolls, differential rates by class or tolls by
distance traveled.
. Challenges for the project - 36 miles to toll, multiple access points, different congestion
levels, communicating toll rates to drivers
Mr. Taylor questioned if this was a balance of volume and price. Mr. Regan replied that it was.
He then questioned if the toll lanes could exclude trucks. Mr. Regan responded they could from
the modeling and operations standpoint, but pointed out since it could represent 50% of the total
capacity on the road the SWFEA might want to allow all types of vehicles on the facility (trucks
would pay a higher toll to use). Mr. Taylor requested that WSA explore this. He then
questioned if the critical aspect of the analysis was the initial year projections in which you have
to prove to the funding sources that we can handle the debt service, or is it later on. Ms. Davies
responded that the bond rating agency looked at the first 10 year period. When the financial
modeling is done they will look at whatever the term is of the bonds issued. Mr. Regan stated
that currently debt structure was not like a mortgage anymore wherein you pay the same
amount, but rather could have capital appreciation bonds where they adjust the debt and
recognize future growth. Managed lanes or growth lanes typically have a much higher rate of
growth than a traditional.toll or toll bridge. The reason for this is that you keep adjusting rates
to manage demand. A typical toll facility might have a 4% increase in revenue per year due to
periodic toll increases. It would not be uncommon in the first couple of years for this facility to
grow 15% to 25% per/year in traffic and revenue. The free lanes are at capacity first before the
public begins using the toll facility. Then all the future growth occurs on the toll lanes because
the free lanes are at capacity.
Chairman Barton questioned, from a safety and legal point of view, if it was likely the speed limit
on the toll facility lanes be higher than on the general use lanes. Mr. Regan stated that has not
been the case. He explained that speed was not as critical a factor as thought. The usage of the
toll facilities that you get comes when conditions in the free lanes degrade. Chairman Barton
then questioned the means of enforcement for those who inadvertently or intentionally
did not pay the toll. Mr. Regan stated that it would depend on how video tolling was used;
through license plates or transponder use. He noted that use of Violation Enforcement could be
positive and revenue positive.
3
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1
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_".'0.,;.'
SWFEA Meeting Minutes
October 26, 2006
Page 4
Ms. Davies, Lee County DOT, highlighted funding strategies.
· Toll revenue bonds
· Revolving Trust fund
· TIFIA Loans (FHWA)
· SAFETEA-Lu
· FTA (bus rapid transit Janes)
· Collier County and all cities and municipalities
· Lee County
· SW Florida International Airport
· FGCU
· FOOT
· Florida State Infrastructure Bank
Mr. Nick Benedico, WSA, provided an overview of possible toll lane configurations.
Mr. Rippe commented that he thought we were to maintain a 44 foot multi-modal envelope
unless FOOT provided a variance, noting that what he just saw did not address FOOT's policy.
Chairman Barton questioned Mr. Rippe if what he was stating was that the two commuter lanes
would have to be built on the exterior of the existing two lanes. Mr. Rippe stated that was
correct, in order to be consistent with the current policy. He then clarified that he was not saying
that a variance could not be applied for. He further explained that if there were a rail option the
expense would go up considerably because you would have to have a fly over at every
interchange as it was a long distance for grade separation.
Mr. Loveland stated that was true providing that ultimately a rail/light rail option was pursued in
the interstate ROW. Mr. Rippe stated that was correct. Mr. Loveland commented to keep in
mind that rail might not be the answer but bus rapid transit could use the express lanes, plus he
commented that he thought FOOT was pursuing the purchase of the Seminole Gulf Railroad
which might better serve the future rail purpose than the interstate ROW. He noted that there
were a lot of questions about what multi-modal options might be in the future.
Discussion ensued regarding access and exiting such toll lanes, interchange entrance/exits,
interchange spacing requirements.
Chairman Barton questioned what would happen if we constructed the two additional lanes on
the exterior of the general use lanes, ultimately intending for the toll lanes still to be in the center
but the tolls lanes would become the existing general use lanes. Mr. Benedico stated that was
more what the FOOT's PD&E concept showed. It showed HOV lanes which all fit into the existing
ROW. From the infrastructure side it would be more expensive to build them to the
outside than the inside.
4
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SWFEA Meeting Minutes
October 26, 2006
Page 5
Chairman Barton then questioned in the event that SWFEA went with the section shown at the
time that they ultimately went to a two lane configuration, the two interior 12' lanes there would
go away. He stated that he was looking at a 44' envelope. He noted that some of the BCC
members would be concerned with the multi-modal window and use of a HSR or light rail system.
Chairman Barton stated that WSA needed to take a hard look at the multi-modal
window reserved in the center ROW of 1-75 in terms of keeping the 44' corridor at
the end of the ultimate lO-lane cross section, possibly building the express lanes as
temporary lanes. He thought they would have an easier time of applying for relief
from FDOT's current policy if it could be shown that the ultimate section could meet
FDOT criteria.
Chris Swenson, CRSPE, Inc. reported that three of the five Focus Groups had been completed.
The focus group surveys will be finished 11/2/06 at the SWFRPC. Focus groups include randomly
selected residents and businesses. He highlighted the follow results:
. Naples area - it is universally recognized that 1-75 is the most important roadway in SW
Florida
. Most residents are willing to wait up to two more years if it means additional lanes, even
if tolled
. Most residents recognized the trade off between time and paying a toll
. To most business people trip reliability was very important
. Residents recognized that within five years time the two lanes FDOT is scheduled to build
will not be adequate and we will be back to the situation we are currently experiencing
. Most residents felt that use of tax dollars to construct lanes that could require tolls made
good economic sense
. The residents/business people in Lee County were not as eager to pay tolls of any
substantial amount and not as willing to wait for additional lanes to be built
It was pointed out that the SWFEA shouldn't be discouraged by public that indicated that they
wouldn't be willing to pay higher toll rates, but rather encouraged because tolls need to be priced
so that less than half the people are willing to pay that toll. If not, the toll lanes will become as
congested as the free lanes. You are not looking for 100 % of the population to pay a toll.
Mr. Loveland stated that the first question most people ask themselves, at least in Lee County, is
"do I risk driving the interstate or not", that is how unpredictable it has become to drive.
Commissioner Coletta felt that it would be a major obstacle to turn the public around to accept
tolling the road now. They seem to be accepting the idea of a toll road but they are looking for
those two additional lanes to be built by FDOT first. He further stated that before he could ever
buy into the particular scenario of actually doing it, he would have to have a much broader
sample of public opinion. Mr. Swenson stated that was understandable and noted that the
majority of the people thus far surveyed were not in favor of tolling the existing lanes.
5
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SWFEA Meeting Minutes
October 26, 2006
Page 6
Chairman Barton questioned if information was shared relative to LOS that the 6 lanes will
experience on opening day. Mr. Swenson stated that it had not, but he had gotten the sense
that these people understood that they would get some relief, but that it would dissipate
relatively quickly.
Chairman Barton stated that the most compelling issue in the whole process to him was FOOT's
own study that showed the day 1-75 with the two new lanes opened over 60% of it was already
below LOS D. He did not feel the general population understood that and if the information was
conveyed to them they might be more willing to wait for two years in order to obtain LOS C or
better.
Mr. Swenson stated that a much larger outreach effort would have to ensue in order to receive
broader overall public input. He noted that CRSPE had a Beta site where two of the Focus
Groups videos were available in their entirety. To access the site go to ToIIResearch.com.
Commissioner Coletta asked Mr. Swenson to send the site address to all SWFEA
members. He then questioned if the focus groups were provided with a summary of where the
capacity of the interstate stood. Mr. Swenson replied that some info was provided but not a
detailed summary. It was noted that most of the participants wanted to know why 1-75 wasn't 6
laned to begin with. Commissioner Coletta stated that he did not have a problem with the
studies being done but felt that the public needed to be educated with all the facts.
Mr. Loveland explained that the purpose of the Focus Groups at this point in time was to gauge
what the public viewpoint was without a lot of education. How are they viewing it? There will be
a broader public outreach campaign provided. The Turnpike Enterprise will have eight focus
groups input. This will tell us how much education must be done before proceeding forward. He
also noted that there would be a section on the web called "Frequently Asked Questions" which
would provide basic information to the public.
Mr. Rippe commented that no time frame for ROW acquisition was shown.. Adrian Share
responded that was because it was only two additional lanes, 8-lanes. Mr. Rippe stated that
there would need to be additional ROW acquired with 8 lanes. What FOOT is buying
now for 6 lanes there will need to be additional treatment in the median and main line ROW. He
explained that the original plan was to purchase the entire ROW for the ultimate 10 lane
configuration, but because ROW costs have doubled, FDOT cut back to the priority parcels
needed for 6 lanes.
Mr. Taylor questioned if the analysis was to be tailored specifically to the nature of the traffic in
this area or using overall averages. He wondered if retirees travel times were factored into the
. mix. Ed Regan stated it would be a bit of a trick, but it would be dealt with.
Mr. Burr, SWFRPC, questioned if any design consideration was given relative to accidents. Mr.
Regan stated he did not know if the toll lanes would have a different safety rating other than
there would be less traffic and less stop and go.
6
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SWFEA Meeting Minutes
October 26, 2006
Page 7
6. TurnDike Enterprise TaR Study Progress
Ms. Carleen Flynn, Florida Turnpike Enterprise, presented an overview of their T&R Study
highlighting the following information (see hard copy):
. They are halfway through with the travel demand model forecasts
. Study should be done by the end of December
. Focus Group sessions are comprised of two frequent users, one less frequent and one
seasonal resident for a total of four groups in each county
. They have looked at north/south competing facilities (US 41, Cypress Parkway, Six Mile
Rd, Three Oaks Parkway and Ben Hill Griffin Road)
. LOS on 1-75 is currently LOS D/E
. Peak-to-daily ratio is 7.58%
. 12,000 trucks per day use 1-75 or 15.5%; 16% in a.m. and 13.5% in p.m. (Note:
Broward County has 6.2% truck traffic; Polk County 11%)
. 77% trips are work related
. 50% are inter-county trips
. Crashes and fatalities have been increasing on 1-75 (Bonita Beach Rd/Corkscrew have the
highest accident rates)
. 1-75 is unique for this area and there is a strong argument for a 4+4 toll facility and there
is a very strong base for it to be a toll facility
Chairman Barton questioned, relative to financing, if the Florida Turnpike Authority became
involved in this project would it be reasonable to expect the length of time to obtain financial
backing to be shortened. Mr. Randy Fox, Turnpike Authority, stated that they have the highest
bond rating in the nation and that this project looks very good as a toll facility. It has very high
peak hour travel with 50% of the traffic being commuter trips.
Mr. Anderson questioned what effect a bypass road around 1-75 would have. Mr. Loveland
stated that SR 82 and SR 29 are a type of 1-75 bypass, but not that big of a diversion.
Mr. Taylor requested thatat the November SWFEA meeting an agenda item be, "to
focus on options for public outreach."
NEW BUSINESS
7. Authorize CN for Bond Counsel and Approval of Selection Committee
Ms. Davies stated that this request was for the SWFEA to approve staff to procure Bond Counsel
through the Competitive Negotiation process, and also approve the designation of David Owen,
David Michael Pettit and Amy Davies as the selection committee for the procurement process.
7
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SWFEA Meeting Minutes
October 26, 2006
Page 8
Commissioner Coletta:
I so move.
Mr. Taylor:
I second the motion.
Discussion ensued regarding the criteria used for selection ranking regarding the bond
counsels. The Selection Committee will bring this back to SWFEA for ranking approval.
She noted that there were approximately 50 firms on the list to receive solicitation
packets.
MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS
8. Information Items
A. Ms. Davies explained that the travel form to be used was a State form used by FDOT. The
SWFEA will be following State policies for in-State and out-of-State travel. Depending
upon the dollar amount, the SWFEA adopted expenditure/reimbursement for up to
$10,000. All expenditures go through staff review.
Mr. Taylor requested that the travel/expenditure policy and guidelines be emailed to
all SWFEA members.
B. Article from Road and Bridges Magazine
Mr. Loveland explained he included this article because it dealt with public/private partnerships
wherein the private sector funded the facility and now as it is set to go online, some public
dollars will have to be used to make it a reality.
1. Walk on Item 1 - Approval of Resolution to authorize execution by the Chairman of Amy
Davies or David Loveland to act on behalf of the SWFEA to establish and maintain accounts for
the purpose of investing portions of the $650,000 from the TFRTF and $300,000 from Lee/Collier
counties AND approve attached agreement with Banc of America Securities, LLC with noted
changes. (Two Part motion to address each request).
Ms. Davies and Mr. Loveland will be acting on behalf of SWFEA for investment purposes.
Mr. Anderson: I so move.
Commissioner Coletta: I second the motion.
MOTION CARRIED UNANIMOUSLY.
8
16/ 01
SWFEA Meeting Minutes
October 26, 2006
Page 9
Request approval of Agreement with Banc of America Securities, LLC.
Mr. Taylor:
I move it.
Mr. Burr:
I second the motion.
MOTION CARRIED UNANIMOUSLY.
2. Walk on Item 2 - Authorize Chairman to sign Vendor/Bidder Application Form and W-9
form for Lee County.
Mr. Burr:
I move approval
Ms. Greene:
I second the motion.
MOTION CARRIED UNANIMOUSLY.
Ms. Davies announced that Jeff Tuscan of Tuscan Associates had been hired as the CPA for the
SWFEA.
9. Next Meeting Date
The next meeting of the SWFEA will be held on 11/16/06 at 1:30 vs. 1:00 p.m. at the City of
Bonita Springs (We are back on the 3rd Thursday of each month schedule). 1:30 was agreed to
by all SWFEA members in order to allow enough travel time for members of each County to meet.
halfway.
Items to be placed on the November agenda are:
. Public Outreach Discussion
. Status Reports from WSA and the Florida Turnpike Enterprise on the TaR
Studies
Adjournment
Ms. Greene:
I move to adjourn.
Commissioner Coletta:
I second the motion.
MOTION CARRIED UNANIMOUSLY.
Having no further business, the SWFEA meeting was adjourned at 3:25 p.m.
9
..
'"'-'
FOOT Project Timetable
s<
.. Option 3: Option 2 with south limit at Colonial
(Bids < $423 M)
....
TE20t
r
Presentation Outline
· Project Timetables - Adrian Sha e
Traffic and Revenue - Ed Regan
Project Financing - Amy Davies I Hal Can
Conceptual Engineering - Nick Benedi
· Focus Groups - Chris Swenson
· Wrap-up - Adrian Share I Ed Re an
16, D 1
Presentation Outline
· Project Timetables - Adrian Sha e
Traffic and Revenue - Ed Regan
Project Financing - Amy Davies I Hal Can
Conceptual Engineering - Nick Benedi
· Focus Groups - Chris Swenson
· Wrap-up - Adrian Share I Ed Re an
~,,,
SWFEA Project Timetable
OSS . utcomes:
A. 80'" WSA and FOOT Tumpi<...tu<f..s conclude ton lanes iIlle
B. WSA and FOOT Tumpl<o have dlfori1g conclusions onl ill
" C. WSAandFOOTTumpikoconcludetoalanosnotloasibl.
2012
Pricing Express Toll Lanes
· Typically SUNPASS Only
· Typically Variable Tolls
- Preset variable rates
· Differential Rates by Vehicl ass
· Tolls Vary by Distance Traveled
1
Pricing Goals?
· Maximize Revenue
- To enhance bonding capacily
· Manage Demand
- To ensure free-flow conditions
· Probably Both
- Usuall not In conflict
- Pricing can be set at maximum revenue lev Is w . e
. . still ensuring high level of selVice
Typical ETL Access Configuration
(j]
lil
IiiiI
IiiiI
~-
-'*c.;;.--
IS
liiI
SR 91 Variable Toll Rate Sign
16/
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.. -.:.~'
Factors Considered in Setting Pricing Strategy
. Simplicily - Ease of Communication to Motorist
-EspecIally Important wfth dynamic pricing
( Some Pricing Challenges for 1-75 ETL ]
. 36.mile Length
- D~tates use of some type 01 distance-base st
result in high tolls for thru trips
. Multiple access points in each direction
- Not practical to display toll rates to all potential exit points
. Different congestion levels by section
- Toll rates may change every lew minutes
. Communicating Current Toll Rates to D . ers
Typical Per Mile Rate Sign
= Express Toll Lanes
Entrance
~
Current Toll
110ftl/Mile
$0.50 Minimum
SUNP ASS ONt. Y . No Cash
2
Potential Pricing Sections
1iI
1iI
iii
iii
--~~---
--
iii
iii
,...
What Will the Study Produce?
. General Measure of Public Support
- Focus groups
Performance Metrics
. Average Speeds
-ETL lIS. GP lanes
-ETL lIS. GP lanes
. Vehicle Miles! Vehicle Hours
-ETL lIS. GP lanes
-Simple one lane widening
-2 GP / 21011 lanes per directi n
-2 GP /31011 lanes per direct!
-3 GP /2 toll lanes per direction
71 (Z:...{J:'
dl. \'J '.
1
Typical Section Pricing Sign
~Express Toll Lanes
Entrance
Current Tolls
To Alico Rd. I $1.00 I
U To Bonita 1$2 50 I
V Springs .
To Naples I $3.251
SUNPASS ONLY. No Cash
Traffic and Revenue Data
· 30-year Preliminary Annual Fore
l
Presentation OutUne -J
· Project Timetables - Adrian Sha e
Traffic and Revenue - Ed Regan
Project Financing - Amy Davies I Hal Can
Conceptual Engineering - Nick Benedi
· Focus Groups - Chris Swenson
· Wrap-up - Adrian Share I Ed Re an
3
Funding Strategies
Presentation Outline
· Project Timetables - Adrian Sha e
Traffic and Revenue - Ed Regan
Project Financing - Amy Davies I Hal Can
Conceptual Engineering - Nick Benedi
· Focus Groups - Chris Swenson
· Wrap-up - Adrian Share I Ed Re an
[ Begin I End Express Toll Lane Lay~
BEGINlEND EXPRESS TOll lANE
===--.-.-.-.--.-----.---~.... .........'U.l""....... - - ~... -:...
~ - - ~ ;;... - -~
~ - - - - -~- - - - - - - -~
16 I
(
D.l
Funding Strategies
· City of Bonita Springs
Conceptual Engineering
· Begin I End Express Toll Lan
· Concurrent Flow Section
· Access Section
Unrestricted
l
Concurrent Flow Layout
GENERAl USE lANE & EXPRESS TOll lANE
CONCURRENT flOW
-:
--
- - - - - - - - -.- - - - -
- -
. .
.................._-,..._.....,...~...""-._..~._'U'_.....P.......u..........,._........L.............-P..........n......'..~"-...._"".
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- -.,:
~
-------
-
-.-.-.-.- - -
~
4
~fl
( Concurrent Flow Typical Section )
EXPRESS TOLL lNE lYPICALSECTlON
r .--- I
(
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-... .-j,.. ...... ! ,..'=. = i;1 ...-
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..
ENlllANCESJT CHANNEtJlED TYPICAl SECt1ClN
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= WIll _ :!=.:::= = =- =:.:_ .._
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f J ,.. I t tit t
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;
r
Presentation Outline
· Project Timetables - Adrian Sha e
Traffic and Revenue - Ed Regan
Project Financing - Amy Davies I Hal Can
Conceptual Engineering - Nick Benedi
· Focus. Groups - Chris Swenson
· Wrap-up - Adrian Share I Ed Re an
It,,
.D 1
J
i
Channelized Access Option
· Channelized Access Option
Unrestricted Access Option
UNRESTRICTED ACCESS
-.-.-.-.--------- ---
-:-:--.:----- ~ - - : - - - *" - -------::-~-
-.-.-.- - - - - - - - -.---.--
: ----:--.:--- ~ - - : - - - ~ :--.::~~.:-~-:
Focus Groups
. October 17'" at Naples Branch of Collier Co. Library
-. 1:00 AM to 12:45 PM lor Businesses
. October 24"' at Bonita Springs City Haft
- 6:00 PM to 6:00 PM for Residents
. November 2"" at Southwest Florida Regional Plannin
- 5:45 PM to 7:45 PM lor Residents
5
!(--"
Focus Group Results to Date
. Naples Area Focus Groups Comma p . ts
. .
Presentation Outline
· Project Timetables - Adrian Sha e
Traffic and Revenue - Ed Regan
Project Financing - Amy Davies / Hal Can
Conceptual Engineering - Nick Benedi
· Focus Groups - Chris Swenson
· Wrap-up - Adrian Share / Ed Re an
'7 l'
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....-.,
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Focus Group Results to Date
- The group members were sensitive to t e
rates presented
(
Wrap-Up
)
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qUI( J,. eatdion C.F.C.
COLLIER COUNTY TAX COLLECTOR
November 13,2006
Honorable Frank Halas, Chairman
Board of County Commissioners
Collier County Courthouse - Admin. Bldg.l3
Naples, Florida 34112
Subject: 2006-2007 Annual Budget
Dear Commissioner Halas:
16/
D 2
RECEIVED
NOV J 3 2006
80ard of Coullty CommiSSioners
Fiala
Halas
Henning
Coyle
Coletta
Enclosed is a copy ofthe Fiscal Year 2006-2007 budget for the Collier County Tax
Collector's office that I have submitted to the Department of Revenue.
:UR~
Guy L. arlton
Colli County Tax Collector
Enclosure
COURTHOUSE-BLDG. C.1 . NAPLES. FLORIDA 34112-4997
www.colliertax.com
MiSC::;r I
Date: l{ U5 0 (,
Item#: I to3- I Db
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16 I D 3
Florida Department of
Law Enforcement
Office of Criminal Justice Grants
Mailing Address:
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
,""' I I
1"18 a --.--.----v---.
Halas.'-"--;:r:'-"--
Henning_- t=:----
Coyle---' ,.....--.--
C~oletta -.- ...----
Gerald M. Bailey
Commissioner
LOP~~\~
--5" t- (;~0" t
r~CV
- 7
..
~~C(~
The Honorable Fred Coyle
Chairman
Collier County Board of Commissioners
3301 Tamiami Trail East,
Building F
Naples, FL 34112
Re: Contract No. 2006-JAGC-COLL-1-M8-010
REC:EI\/ED
NO\! f 3 2006
;~C;.1n; ~',;: Couni" c.ofhrnisslooers
Dear Chairman Coyle:
This letter confirms our receipt and acceptance of all financial and programmatic
reports applicable to the referenced project. While this concludes active administration
of the subgrant agreement by the Florida Department of Law Enforcement, you are
reminded that all supporting records must be maintained for a period of not less than
three years from termination date for audit and examination. An audit performed in
accordance with OMB Circular No. A-133 must also be conducted and submitted to the
Office of Criminal Justice Grants, Florida Department of Law Enforcement, 2331
Phillips Road, Tallahassee, Florida 32308.
All non-expendable property acquisitions must be accounted for and maintained for as
long as the equipment is in service. The Department must be notified prior to any
disposition of non-expendable property and must be advised immediately of any lost or
stolen items.
Committed to
Service. Integrity. Respect. Quality
Misc. Carre} _ _ ( I'
Date:..J.i~~
D 3
Item #'._1!9 X. l _
COPieS to:
16t
The Honorable Fred Coyle
Page Two
Any further inquiries relative to this project should be directed to your grant manager
at 850/410-8700.
Sincerely I
.
n(Jtu.\~ ).,\.lu.&cP. oJ
~ytof1 H. Wilder
Administrator
CHW/JP/li
cc: Joyce E. Houran
r<,'
lj 3
17A
Ii'"f . l
,
~.. .
Collier county, Florida
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board:
Please place the following as a:
xx
Normal Legal Advertisement
1--1 Other:
(Display Adv., location, etc.) ~ page display ad; map attached, 18 point
****~********************.*********************************************************~****************************
originating Dept/Div:
Person:
{Sign clearly)
Date
***********************************************************************************************************
Petition No. (If none, give brief description
SE-06-AR-10442
********************************************************************************.***************************
Petitioner: (Name & address):
Collier County Zoning Dept
2800 North Horseshoe Drive
Naples, Florida 34104
Mike DeRuntz
(If more space needed, attach separate sheet)
Hearing before: I-xx-I BCC ~ 1 BZA --r-- 1 Other
****************************************************************************************************************
Requested hearing date:
11/28/06
Newspaperts) to be used: (Complete only if
or legally required r----1)
Based on advertisement appearing
days be~ore hearing.
important 1----1,
-+-5-- ~I
r---t
Naples Daily News
Other
***********************************************************************************************************;****
Proposed Text: (Include legal description & common location & size):
Petition: SE-2006-AR-I0442 (MD) Approved Resolution No. 2006-188 has an
INCORRECT extension date of February 10, 2007, the CORRECT date has been
changed to November 28, 2007. The subject property is located in Section 15, Township
49 South, Range 26 East, Collier County, Florida.
- ~ ~ . . - .
************************************************************..****************_*****7****************************
Does Petition Fee Include Advertising Cost? Yes ~
for advertising costs:
...................................~......'..........................................'.......
No l-r
If yes, what account should be charged
Reviewed by: ~\."o...... (J. 1 ~
Department Head rll.~-<.Ate
****************************************************************************************************************
I ~ Approved by:
10 7(.- County Manager
. I v
(3 )
Date_
List Attachments: (1)
(21
DISTRIBUTION INSTRUCTIONS
A.
For hearings before BCC or
approval before submitting
necessary legal review, or
County Manager. The
BZA: Initiating person to complete one copy and obtain Division Head
to County Manager. NOTE: If legal document is involved, be sure that any
request for same, is submitted to County Attorney before submitting to
Manager's Office will distribute copies:
1----1 County Manager agenda file;
to Clerk's Office
1----1 Requesting Division;
1----1 Original
B. Other hearings: Initiating Division Head to approve and submit original to Clerk's Office, retaining a
copy for file.
***********************'***************f***************.*....*....**..**.*********************************.**.**
F~:t~L~:~~:v~~FICE USE ONLY \ol~. -, cJ.c:, Date Advertised II ( "(
Date of P.R. \ \ \~ ~{ D~ ( f.-c,(.,o
~.........'...
..
~ '..'
'\
;.",
REsOLUTION NO. 06-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS TO
CORRECT DATE OF FBBRUARY 10, 2007 FOR CUE-2006-AR-
9424, AMERICAN DREAM B'mLDBRS. INC.'S MODEL HOME
AND MODEL HOME SALES CENTHR'S CONDITIONAL USE
EXTENSION, 1llE CORRECT DATE HAS BEEN CHANGED TO
NOVEMBER 28, 2007, FOR THE SUBJECT PROPERlY
LOCATED AT 4050 13m AVENUE SOUTH WEST, AT THE
CORNER. OF 13TH AVE SW AND COUJER. BLVD (CR 951), IN
SECTrON IS, TOWNSHIP 49 SOUTH, RANGE 26 BAST,
COLLIER COUNIY, FLORIDA, AND BY PROVIDING FOR AN
EFFEC11VE DATE.
WHEREAS, the Collier County Collier ColDlty Board of Zoning Appeals adopted
Reaolution No. 2006-1 !l8, on JuJy 25,2006, and;
WHEREAS, following 5lIid action adopting RellOlution No. 2006-188, Ifaft'dMminad
the dIItIl of Februlty 10, 2oo1 for CtJE.2006-AR-9424, American Dream Builders, IDe.'s Model
Home and Model Homo Sales Center's Conditional U. Exmnsion, attached to tJle..Reaolution did
not contain tho cornet date for the expiruion of the conditionalll8e for the model home aod sales
center at 4050 13. Avenue South West, tbcfllfore constitutes a serivenlll"s error.
NOW, THEREFORE, BE IT ORDAINED BY nm BOARD OF ZONING APPEALs
OF COLLIER COUNlY, F1..0RIDA, that:
.
SECTION ONE: SCRIVENBR'S ERROR AMENDMENT TO THE HxPIRA nON DATE
The expiration dste lIS relalild to Resolution Number 2006-188, .is heroby Ilrnended to
correct .. scrivener's error by amending said ICCtioo to read 18 follows:
F.IIA1l1Py 10, :lOW, November 28.2001
SEcTION TWO: EFFECTIVE DATE
BE n RESOLVED tint this Resolution filiating to P.tition Nmnber SE-2006-AR-l0442 be
fllCordlld in the minlMS of this Boan:!.
This Reaolution adopted after motioll, second and majority vote.
Done this day of . 2006.
AlTEST:
DWIOm' E. BROCK, Cl..BRK.
, DEPlTrY CLERK
SP~20~AR-lll442IMDIop
BOARD OF ZONING APPEALS
COLLmR COUNTY, FLORIDA
BY:
PRANK HALAS, CHAIRMAN
...,.. ":.:iu;~)".....;.,,,;
Page 1 of 1
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17 A
-'"
1"'7
~,ll 61
October 30, 2006
Attn: Legals
Naples Daily News
1075 Central A venue
Naples, FL 34102
Re: SE-2006-AR-I0442
Dear Legals:
Please advertise the above referenced petition on Sunday, November 12,2006 and
kindly send the Affidavit of Publication, in duplicate, together with charges involved
to this office.
Thank you
Sincerely,
Teresa Dillard,
Deputy Clerk
P.O. Account # 113-138326-649110
17 A
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, November 28,
2006 in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M. The Board will
consider Petition: SE-2006-AR-10442
A RESOLUTION OF THE BOARD OF ZONING APPEALS TO CORRECT DATE OF
FEBRUARY 10, 2007 FOR CUE-2006-AR-9424, AMERICAN DREAM BUILDERS,
INC.'S MODEL HOME AND MODEL HOME SALES CENTER'S CONDITIONAL USE
EXTENSION, THE CORRECT DATE HAS BEEN CHANGED TO NOVEMBER 28, 2007,
FOR THE SUBJECT PROPERTY LOCATED AT 4050 13TH AVENUE SOUTH WEST, AT
THE CORNER OF 13TH AVE SW AND COLLIER BLVD (CR 951), IN SECTION 15,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BY
PROVIDING FOR AN EFFECTIVE DATE.
Petition: SE-2006-AR-10442 (MD) Approved Resolution No. 2006-188
has an INCORRECT extension date of February 10, 2007, the CORRECT
date has been changed to November 28, 2007. The subject property
is located in Section 15, Township 49 South, Range 26 East,
Collier County, Florida.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
17A
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Dillard, Deputy Clerk
(SEAL)
17 A
Teresa L. Dillard
To:
Subject:
legals@naplesnews.com
SE-2006-AR-10442
Attachments:
SE-2006-AR-1 0442.doc; SE-2006-AR-1 0442.doc
Legals,
Please advertise the following on Sunday November 12, 2006. Any questions, please contact me.
Thank you.
SE-2006-AR-10442. SE-2006-AR-10442.
doc (27 KB) doc (27 KB)
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa.Dillard@clerk.collier.fl.us)
1
1 ,[l
Teresa L. Dillard
From:
Sent:
To:
Subject:
ClerkPostmaster
Monday, October 30,20063:12 PM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
A TT1618346.txt; SE-2006-AR-10442
EJ=. -."
.- .
-
R/1
L.::.-I
ATT1618346.txt SE-2006-AR-10442
(231 B)
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Teresa L. Dillard
17 A
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Monday, October 30, 2006 3: 15 PM
Teresa L. Dillard
Delivered: SE-2006-AR-1 0442
Attachments:
SE-2006-AR-10442
r::-'i1
L..::..J
SE-2006-AR-10442
<<SE-2006-AR-10442>> Your message
To: legals@naplesnews.com
Subject: SE-2006-AR-10442
Sent: Man, 30 Oct 2006 15:12:08 -0500
was delivered to the following recipient(s):
legals, NDN on Mon, 30 Oct 2006 15:14:44 -0500
1
SE-2006-AR-I0442
Page 1 of 1
.17 :1
Teresa L. Dillard
_~~~~'~_V~^"~_~~____~~~~~____~v~n~~^"~_~__._~~~,...,~~~~~'-_""~__'~~~_<,__^,_.w_u~~__w,,_~.,_~~~~~.,^y_~_~~"Y'~_'_~~~_"~_>'^'~_'__~~
From:
Sent:
To:
Perrell, Pam [paperrell@naplesnews.com]
Monday, October 30,20063:20 PM
Teresa L. Dillard
Subject: RE: SE-2006-AR-10442
OK
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collierJl.us]
Sent: Monday, October 30, 2006 3: 12 PM
To: legals@naplesnews.com
Subject: SE-2006-AR-10442
Legals,
Please advertise the following on Sunday November 12, 2006. Any questions, please contact me.
Thank you.
<<SE-2006-AR-10442.doc>> <<SE-2006-AR-10442.doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. D i Ilard@clerk.collier. fl. us)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request. do not send electronic mail to this entity. Instead. contact this office by telephone or in writing.
10/30/2006
Naples Daily News: Classifieds Results
Ordinances and Petitions SE..2006AR10442 NOTICE OF PUBLIC HEARINC Notice is hereby given that
the Board of County Commissioners of Col lier County will hold a public hearing on Tues day, Novernber 28,
2006 in the Boardroom, 3rd Floor, Adrninistration Building, Collier County Government Center, 3301 East
Tarniarnl Trail, Naples, Flonda. The iTleetinrJ will beqin at 9:00 A.M. The Board will consider Petition: SE.
2006.AR..10442 A RESOLUTION OF THE BOARD OF ZONINC AP PEALS TO CORRECT DATE OF FEBRUARY
10, 2007 FOR CUE2006AR. 9424, /\~/]ERICAN DREAM BUILDERS, INC'S 1V10DEL HOME AND MODEL HOME
SALES CENTER'S CONDITIONAL USE EX TENSION, THE CORRECT DATE HAS BEEN CHANGED TO NOVEf"1
BER 28, 2007, FOR THE SUBJECT PROPERTY LO CATED AT 4050 13TH AVENUE SOUTH WEST, AT THE
CORNER OF 13TH AVE SW AND COLLIER. BLVD (CR 951), IN SEC TION 15, TOWNSHIP 49 SOUTH, RANCE
26 EAST, COLLIER COUNTY, FLORIDA, AND BY PRO VIDINC; FOR MJ EFFEC TIVE DATE. Petition: SE.2006
AR" 10442 (MD) Approved Resolution No. 2006.188 has an INCORRECT ex tension date of February 10,
20C7, the CORRECT date has been ctldnged to Novernber 28, 2007. The subject propel"ty 15 located in
Section 15, Township 49 South, Ranqe 26 East, Collier County, Florida. NOTE: All Pel"sons wishing to speak
on any aqenda itern must regls ter with the County Ad minlstrator prior to pn:; sentatlon of tile agenda Itern
to be addressed. Individual speakers ,viII be limited to ') minutes on any item. The selec tion of an individuai
to speak on behalf of an orL]anizatlon or qroup is encouraqed. If recog nized by the C1121ir, a spokesperson
for d group or orqanization may be allotted 10 mln utes to spedk on an Item. Persons wisllinq to have
written 01" qraphic materials included in the Board agenda pack ets must subrnit said material 21 minimurn of
3 weeks pnor to the re spective public hearing. In any case, written ma teri21ls Intended to be considered by
the Board shall be submitted to the appropridte County stdff d minimum of seven days prior to the public
hearinq. All m21 terlal used in presenta tions before the Board will become a penna nent part of the record.
Any pel"son who decid es to appeal d deciSion of the Board will need a record of the proceed ings pertdininq
thereto and therefore, rnay need to ensure that 21 verbatirn record of the proceedings is made, which record
includes the testimony 2lnd evi dence upon which the appeal is based. BOARD OF COUNTY COi'1f'.1ISSIONERS
COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIR f'.1AN DWICHT E. BROCK, CLERK By: Teresa Dillard, Dep
uty Clerk (SEAL) Nov. 12 No. 1468104
Start Date: 11/12/2006 Stop Date: 11/12/2006
Page 1 of 1
L.
Ii i'
I;:.l: L;
http://marketplace.naplesnews.com/mach2/nap/search/SearchAds.action ?Si teld =nap&Cat... 11/13/2006
NAPLES DAILY NEWS
Published Daily
Naples. FL l.+I02
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority. personally
appeared Phil Lewis. who on oath says that he
serves as the Editor of the Naples Daily. a daily newspaper
published at Naples. in Collier County. Florida: distributed
in Collier and Lee counties of Florida: that the attached copy
of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on November 12. 2006
time in the issue
. \Ilianl further says that the said l\aples Daily '.;ews is a newspaper
published at '."aplcs, 111 said Collier County. I'lorida. and that the said
newspaper has heretof(lfe heen eontinuously puhhshed in said ('olher
COiltlty, Florida: dIStributed in Collier and Lee counties of Florida,
each Ja\ and has been entered as second class mad matter at the post
ollie.' in "aplcs. in said Collier County. rJorida, f\1I a !k'ri"J of 1
year next precedlllg the tirst publication oCthe attached copy of
adyertisement: and atliant further says that he has neither paid nor
promised any person, firm or corporation any discount. rcbate,
commission or refund f(lr the purpose of seCUrIng this advertisement for
puhlication in the said ne"'s aper.
Sworn to and subscribed before me
This 17th day of November. 20()6 /
. Oa--~ ~<-d_-.L~
IgnaturC of nbtary pu ICY
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se-:lQ06-AR.10442
NOTICE OF
PUBLIC HEARING
Notice. It her-.bY. given
that #WI ..lJOIUtCI. of County
Commissioners of Col-
lier County will hold a
Public. helU:1!'l8., on Tues-
day. NoveQll:iflt. 28. 2006
in the Boardroom. 3rd
floOr. . II t$tl\atton
B",ttdIncL ,. countY
Glwerfii elt'l'lter.
3301 East ll/l'Iill/l'll Trail,
Naples. Florida. Tile
meeting will begin at
9:00 A.M. Tile BOai'd will
consider Petition: SE-
2006-AR- 1;0442
A RESOLUTION OF THE
SOARD OF ZONING AP-
PEALS TO CORRECT
DArE OF ItEBRUAftV 10,
2007 FOR CUE-Z006-AR-
9424. .AMUlCAN.DREAM
BUILDERS; INC:SMODEL
HOME AND MODEL
HOME SALES CENTER'S
CONDITIONAL USE EX-
TENSION. 'THE CORRECT
DATE tlAS BEEN
CHANGED TO NOVEM-
~G:J~gT 2~3bpl~ I'6~
CATED AT 4050 13TH
AYENUE SOUTH WEST.
AT THE CORNER OF 13TH
AVE SWAND COLLIER
BLVD (CR 951), IN SEC-
TION 15. TOWNSHip 49
1 SOUTH; ftANGE26 EAST,
COLLIER COUNTY,
FLORIDA.L AND BY PRO-
V,DINOrORAN EFFEC-
TlYe:DATE.
Petition: SE-2006-AR.
10442 (MD) Approved
Resolution No. 20Q6.188
has .n INCORREOT ex-
tenslQn date of ptbnwY
10, 2007. the CORRECT
datl!.11as bell) chanaed
to November 28. 21r07.
The sublectprOllertY Is
located In Section 15.
Township 49 SO.lIth.
Range 26 East. CollI,er
County. Florida.
l?A
I NOTE: All Perso.ns
1 w1Shlr:lll to speak on any
agenda item must regis-
ter with the County Ad-
mlnlstr.lltor prior to pre_
sentation .of the agenda
Item to be addressed.
_~~r~~:~~
=",,~'r';d'ID?ct~:lef~
behalf of an
n or .Ilr<l\.ip Is
ed. W recog-
...' the Chair. a
.erson for a
Or organization
'allotted 10 mln-
u es to speak on arl
Jltm. . .
.! ' '.
."'. ,. :.;.
::::~.,I'lS. . wishing . to
!!'iIt~. 8.'l$ erngruW:Shl~
'P'" tollI'd agenda pack-
ets Il11ist submit said
material a mlnlmum of 3
weeks prior to the re-
spectlvepubllc hearin;.
In any case. written ma-
t'rials Intended to be
!;llllsldered by tile Board
'hall be Submitted to
the". appropriate County
stII'. a ~murn of .sev-
en days 'prior to the
public I\e4l'lng.. All ma-
terial used In presenta-
tions before the Board
will' become a perma-
nent part Of the record.
Any...per.on who decid-
e. ','" appeal a dtclfIlon
of the w!llneed a
record oceed-
In",. ,tberatO
a.lldtb1ff:'O"I'm~ '
need to el15.. .Iur, tltat. a
verbathn ''*Cord.1l1 tlI.
proChlUqs .11 mllde..
whlch r.~' Includes
the testlll1(lny llIld evl-
/ denee upot! . Wtllth . the
appelllis ~;
BOARD. OF COUNTY
COMMISSIONERS
COU,IER C OIJ NTY.
FLORIDA
FRANK HALAS. CHAiR.
MAN
DWIGHT E. BROCK.
CLERK . '
~~aDIIl.rd. Dep-.I
Nov. 12 No. 1468104
17A
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines III through 114 as.appropriate for additional signatures, dates, and/or information needed. (fthe document is already complete with the
exceotion of the Chairman's signature, draw a line through routing lines # I throuJl;h #4, comolete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
I.Connie Johnson CDES Administration
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact informatilil is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Michael J. DeRuntz, C.F.M., Phone Number 403-2416
Contact Principal Planner,
Zoning and Land Dev. Review
Agenda Date Item was November 28, 2006 Agenda Item Number 17A
Approved by the BCC
Type of Document SE Resolution (AR-I 0442) oCt, " ~'=' Number of Original 1
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on November 28. 2006 (enter date) and all
changes made during the meeting have been incorporated in the attached document.
The Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4.
5.
6.
(\16
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{Hi':>
mb
-
I: Forms! County Formsl BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 126.05, Revised 2.24.05
MEMORANDUM
Date:
November 30, 2006
To:
Michael DeRuntz, Principal Planner
Planning Services
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2006-306
Enclosed please find one (1) copy of the document, as referenced above,
(Agenda Item #17 A), as denied by the Board of County Commissioners on
Tuesday, November 28, 2006.
If you should have any questions, please call me at 774-8411.
Thank you.
Enclosure
17A
17 A
RESOLUTION NO. 06- 306
A RESOLUTION OF THE BOARD OF ZONING APPEALS TO
CORRECT DATE OF FEBRUARY 10, 2007 FOR CUE-2006-AR-
9424, AMERICAN DREAM BUILDERS, INC.'S MODEL HOME
AND MODEL HOME SALES CENTER'S CONDITIONAL USE
EXTENSION, THE CORRECT DATE HAS BEEN CHANGED TO
NOVEMBER 28, 2007, FOR THE SUBJECT PROPERTY
LOCATED AT 4050 13TH AVENUE SOUTH WEST, AT THE
CORNER OF 13TH AVE SW AND COLLIER BLVD (CR 951), IN
SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, AND BY PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Collier County Collier County Board of Zoning Appeals adopted
Resolution No. 2006-188, on July 25,2006, and;
WHEREAS, following said action adopting Resolution No. 2006-188, staff determined
the date of February 10, 2007 for CUE-2006-AR-9424, American Dream Builders, Inc.'s Model
Home and Model Home Sales Center's Conditional Use Extension, attached to the Resolution did
not contain the correct date for the expiration of the conditional use for the model home and sales
center at 4050 13th Avenue South West, therefore constitutes a scrivener's error.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO THE EXPIRATION DATE
The expiration date as related to Resolution Number 2006-188, is hereby amended to
correct a scrivener's error by amending said section to read as follows:
February 10, 2007, November 28, 2007
SECTION TWO: EFFECTIVE DATE
BE IT RESOLVED that this Resolution relating to Petition Number SE-2006-AR-I0442 be
recorded in the minutes of this Board.
This Resolution adoRted after motion, second and majority vote.
Done this ~ ~ tJ day of ;.../ (l II 1;' 1)1 b EO I . , 2006.
t ~:... .
A REST: .~:.:":"
DWIGHT-E. 'BRb~, CLERK
. -.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
2'~.'~"
.. _.' '_ ,-.., r. - ..
, '.~,::'. ,
~.~. ~k
At as to ulWHillY CLERK
.1un.twre OIl. n s
proved as to form and
al Ici ncy:
BY:~~
FRANK HALAS, CHAIR AN
SE-2006-AR-10442/MD/sp
Item #
n-~
~gendal I J I I 7.,Pt)l J 0'1-
Date ~ \0
Page 1 of 1
COLLIER COCNTY FLORIDA
178
Page 1 of 1
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************************************************************************************* ~~***********~
Person: '71 e:pH61J H i c;,~ I i..J.s j! ~l naw:'1 rz..-z,/ 0"-
Petition No. (If none, give brief description): A "e.~M" - 'ZoO~-.Al2..~..., q "11 (0
Petitioner: (Name & Address): IltY\ JOP.t-.l5-fo-e-rMPE.~il>.L yJ/LDee.l-lcss LONDo ASSoC.
\4-10c> E.TAM/AMI112AIL, rJp."LE.S Fe:.. 34114-
Name & Address of any person(s) to be notified by Clerk's Office: ([fmore space is needed, attach separate sheet)
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
Nonnallegal Advertisement
Originating Dept! Div: Comm.Dev.Serv./PJanning
Hcadog befo," Bee ~ Tf"~ ,9t;~"
Requested Hearing date: Bas tn4l1dvertisement appearing
1I ?Sl6lo
Newspaper(s) to be used: (Complete only if important):
~x NaPles~ Ne~ Other
Proposed Text: (Include legal description & common location & Size):
~E. ~ iT ~ct1tO tz.':..$o w 17~ ~
15 days before hearing.
Legally Required
Does Petition Fee include advertising cost? xx8 No If Yes, what account should be charged for advertising costs:
113-1383]2-649110
Reviewed by:
Division t:VS AVM' N' $Te.A'rofl..
Head JO?cpH ?CHM 111
Approved by:
Date
County
Manager
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copies:
County Manager agenda file: to
Clerk's Office
Requesting Division
Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
*****************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received: tot 1.. -;t SO Date of Public hearing: _( \ \UZ\G~ Date Advertised: J\) \ l..-l (j~
fiIe://H:\Engineering Department\Engineering Folders\Stephen Higgins\Surveyor\BCC A... 9/21/2006
1 ~-
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. il
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, as 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 easement 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; 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
sufficie 'i
110
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 County, 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.
17
RECOMMENDATIONS:
1. Adopt the Resolution for Petition AVESMT-2006-AR-9916-lmperial Wilderness Storage -
Maintenance Parcel 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.
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
Details
Page I of I
Folio No.11 00738360009 Map II
-
Current Ownership
Property Addressll14500 TAMIAMI TRL E
178
Section
12
statell FL
zipl134114 - 8428
Township
51
Acres
56.13
Map No.
6B12
Strap No.
512612 024.0006B12
'1J Millage Area
25
'1JMillag!l
13.2013
Sub No.
-1l Use Code
100
28
ACREAGE HEADER
IMPROVED COMMERCIAL
2006 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
Date
09 / 2001
05/1994
Book. Paae Amount
2894 - 2316 $ 0.00
1947 - 2195 $ 1,200,000.00
Land Value $ 5,889,203.00
(+) Improved Value $ 1,568,923.00
(=) Market Value $ 7,458,126.00
I
I
I
I (-) SOH Exempt Value II $ 0.00 I
I (=) Assessed Value II $ 7,458,126.00 I
I (-) Homestead and other Exempt Value II $ 0.00 I
I (=) Taxable Value II $ 7,458,126.00 I
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
-
The Information is Updated Weekly.
http://www.collierappraiser.com/RecordDetai1.asp ?F olioID=000000073 83 60009
10/23/2006
Details
... U
Page I of 1
Folio No.1132433043181 Mapll
-
Current Ownership
Property Addressll NO SITE ADDRESS
17a
State II FL
II
I
I
,
Zip!134114-0816 ,
I
I
Map No. I Strap No. I
6B13 1293630L65E 16B13 1
Owner Name I DY LAND ASSOCIATES L TD
Addresses 13470 CLUB CENTER BLVD
City . NAPLES II
Legal/' FIDDLER'S CREEK PHASE T
I AVIAMAR UNIT ONE TRACT L-65-E
Section
13
Township
51
Acres
13.12
'1JMilIage
13.2013
Sub No.
'1J Use C.pde
293630
95
FIDDLER'S CREEK PHASE 5 AVIAMAR, UNIT ONE
MISCELLANEOUS
2006 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
(+) Improved Value $ 0.00
(=) Market Value $ 100.00
(-) SOH Exempt Value $ 0.00
(=) Assessed Value $ 100.00
Date
Book. Page
Amount
I (-) Homestead and other Exempt Value II $ 0.00 I
I (=) Taxable Value II $ 100.00 I
SOH = "Save OUf Homes" exempt value due to cap on assessment
increases.
-
The Information is Updated Weekly.
http://www.collierappraiser.com/RecordDetai1.asp?F olioID=000003243 3043181
10/23/2006
Details
Page 1 of 1
-
Current Ownership
Property Addressl13010 AVIAMAR CIR
178
Folio No.1132433043929 Mapll
Owner Namell GBFC DEVELOPMENT L TD
Addressesl! 3470 CLUB CENTER BLVD
Cityll NAPLES II
State I! FL
zipl134114 - 0816
Legal/' FIDDLER'S CREEK PHASE 5
I AVIAMAR UNIT ONE LOT 31
Section Range Acres Map No. Strap No.
13 26 0 6B13 293630 316B13
Sub No. II 293630 I FIDDLER'S CREEK PHASE 5 AVIAMAR, UNIT ONE '1J MlUagliArea -1J MlI1age
-1J Use Code " 0 I VACANT RESIDENTIAL 25 13.2013
2006 Final Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value II $ 166,755.00 II
I
Latest Sales History
(+) Improved Value $ 0.00
(=) Market Value $166,755.00
(-) SOH Exempt Value $ 0.00
(=) Assessed Value $ 166,755.00
I (-) Homestead and other Exempt Value I $ 0.00
, (=) Taxable Value , $ 166,755.00
Date
03 1 2006
Book - Page
4000- 3839
Amount
$ 1,896,100.00
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
-
The Information is Updated Weekly.
http://www.collierappraiser.comlRecordDetail.asp?F olioID=000003 2433043929
10/23/2006
178
October 26, 2006
Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: A VESMT-2006-AR-9916
Dear Legals:
Please advertise the above referenced notice on Sunday, November 12,2006. Also,
kindly send the Affidavits of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
P.O./Account # 113-138312-649110
NOTICE OF PUBLIC HEARING
1?f1
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, November 28,
2006 in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M. The title of the
proposed Resolution is as follows:
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 "Au.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Dillard, Deputy Clerk
( SEAL)
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 T AMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
l?B
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26,2006
Tim Johns
Imperial Wilderness Condo Assoc.
14100 E. Tamiami Trail
Naples, FL 34114
Re: Petition A VESMT -2006-AR-9916
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
~IGHTE.BROCK'CLERK
~ Q,-1tQn-uQ K
eresa Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
Cou~ty of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Paradise Point R V Resort Inc.
14500 Tamiami Trail E.
Naples, FL 34114
Re: Petition A VESMT-2006-AR-9916
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~~c.o.-~ l\('
Teresa Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646 Fax-(239) 775-2755
Website- www.clerk.collier.ft.us Email- collierclerk@clerk.collier.ft.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
1,'
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
DY Land Associates LTD
3470 Club Center Blvd
Naples, FL 34114
Re: Petition A VESMT-2006-AR-9916
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
~WIGHT E. ~O::K, CLERK
l~CL':bc1..QC~ ~
eresa Dillard, Deputy Clerk -
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.n.us
Fax-(239)775-2755
Email-collierclerk@clerk.collier.n.us
178
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
GBFC Development L TD
3470 Club Center Blvd
Naples, FL 34114
Re: Petition A VESMT-2006-AR-9916
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
(' 0 f UJ,Q ~ltcu12 ~C
\,~ ~a Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email- collierclerk@clerk.collier.fl.us
Teresa L. Dillard
"Jr=",
JLlP
To:
Subject:
legals@naplesnews.com
A VESMT -2006-AR-9916
Attachments:
AVESMT -2006-AR-9916.doc; AVESMT 2006-AR-9916.doc
Legals,
Please advertise the following on Sunday November 12, 2006. Any questions please contact me. Thank you
AVESMT-2006-AR-9 AVESMT
916.doc (27 KB... 5-AR-9916.doc (27 I
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(T eresa. Dillard@Clerk.collier. fl. us)
1
178
Teresa L. Dillard
From:
Sent:
To:
Subject:
ClerkPostmaster
Thursday, October 26, 2006 2:42 PM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
A TT 1286642. txt; A VESMT -2006-AR-9916
rr:1
~
ATT1286642.txt AVESMT-2006-AR-9
(231 B) 916
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
li.B
Teresa L. Dillard
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Thursday, October 26, 2006 2:42 PM
Teresa L. Dillard
Delivered: AVESMT-2006-AR-9916
Attachments:
A VESMT -2006-AR-9916
~.."
L::.:J
AVESMT-2006-AR-9
916
<<AVESMT-2006-AR-9916>> Your message
To: legals@naplesnews.com
Subject: AVESMT-2006-AR-9916
Sent: Thu, 26 Oct 2006 14:41:30 -0400
was delivered to the following recipient(s):
legals, NDN on Thu, 26 Oct 2006 14:41:54 -0400
1
A VESMT-2006-AR-9916
Page 1 of 1
1,61 tJ
Teresa L. Dillard
From:
Sent:
To:
Perrell, Pam [paperrell@naplesnews.com]
Thursday, October 26, 20062:50 PM
Teresa L. Dillard
Subject: RE: AVESMT-2006-AR-9916
OK
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.fl.us]
Sent: Thursday, October 26, 2006 2:42 PM
To: legals@naplesnews.com
Subject: AVESMT-2006-AR-9916
Legals,
Please advertise the following on Sunday November 12, 2006. Any questions please contact me. Thank you
<<A VESMT-2006-AR-9916.doc>> <<AVESMT 2006-AR-9916.doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dillard@clerk.collier.fl.us)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
10/26/2006
NAPLES DAILY NEWS
Published Daily
Naples. FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority. personally
appeared Phil Lewis. who on oath says that he
serves as the Editor of the Naples Daily. a daily newspaper
published at Naples. in Collier County. Florida; distributed
in Collier and Lee counties of Florida: that the attached copy
of the advertising. being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on November 12.2006
lime in the issue
Atliant further says that the said );aples Daily ~ews is a newspaper
published at \:aples. in said Collier County. Florida. and that the said
newspaper has here1\l!"re been continuouslv published in said Collier
(\)untv. Florida. distributed in Collier and Lee counties of Florida.
each day and Ius been entered as second class mail matter at the post
ollice in "aples. in said Collier County. Florida. I(lr a peril,d of I
year nex1 preeedmg the lirst publication oflhe attached copy of
advertisement: and atltant tilrther says thaI he has neithl~r paid nor
promised any person. fiml or corporation anv discount. rebate.
commission or refund for the purpose of securing this advertisement for
publi . n in the said new aper.
Sworn to and subscribed before me
This 17th day of November, 2006 /
. C:-:.c. ~". .........:.:-.:J
r.~r'.
:<1Ji
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lif'f'
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AVESMT-2006-AR-9916
NOTICE OF
PUBLIC HEARIN!3
Notice Is hereby given
that the Board of CountY
Commls...lilll.... oLeof-
lIer county. wIll hold a
p'ubllc hftri!'lt on Tues-
day.Novem~r 28, ZOl)6
In .tlle 89.ardrOQm, ard'
floor. Admlnijtr.tlon
3~~~~~iri\~t"'cl~~f:
3301. East Tamlaml Trail.
Naples. Florida. .The
meetIng w.Ulbeglr at
9:Ql) A.M. ThCl..~ '" the
prQP9sed _SOlUtion 15
as follows: .
A RESOLUTION OF THE
BOARP OF COUNTY
COMMISSIONERS OF
COlliER COUNTY,
FlOR1I)~t RElAT.ING TO
P.EtlT10/ll AVESMHOO6-
AR-9916. otSCLAtM1NG,
RENOUNCING AND VA-
CATING THE COUNTY'S
A p~BJilno~i
ION OF A 6S-
DE DRAINAGE
EASEMENT LOCATED IN
THE WEST ONE-HALF OF
m~rci~:i
1~~~S:I~Ji.~g~LTrR I
CQUNT'G:-.fLORIDA, AND.
AI FURrmR DESCRIBED
IN EXHIBIT "A". . I
~T~i All ~~~~~\
ntynlft. i
till"
~i
Itel'll.Jg .be a relSed.
. ~~tiE't WII:
tlcm Of 'm~lduatto
speak i)n'l:Ie"l!lfi)fall
:nt=n oi'lnlroi!
nlud by ~heChlllr,a
spokoe 511_"'.,n ,11)f.
, It'yUL~1' .1;~M:
I ut" ;fi)O~ ,all
it!tm. ~.
P.ersGns wllhllltto
hl.ve.Wl"ltten or M.I~
mAterl.ls Inclu.,'. I.n
the Board a""da pack-
~ nw$. t ,5Ilbm~t said
~. a mil'lmam of 3
",,,1(5 prior to Iihe re'
S!ltctlvepubtlc . hearlllf.
In .... Writtlln ma.
. t..-llntenCled t(! be
e BQerd
. $ . I:"., Itted to
. .thJ . . . . County
staff A ml of sev-
P~l~:h~a~~.:..r.lft~ha~
no~~iA!~
wIll. beCOtaf. .....m..
nent part oftherilQord;
Any pelson Who decld-
i,.. :f. I) . tJ ::r. I.
llfemP
6;rll; ~.y
l'Ieed.tl!l.ensurethat ,Ii.
verbatll\l't record of me
pt~"'dlngs Ismadj.
whlcll~ord, Include.,
tile ~ny and. evl-
==II~hICh,the
BOKRP 0 FCO\JNTY
CGMMISSIONERS
COLLIER COUNTY,
FlOlJlOA . I
FRA/IIl( HALAS, CH;'IR-
MAN
DWIGHT E. BRO-cK.
'CLERK
B~. Teresa Dillard. Dep-
u Clerk
I (S ) I
Nov:12, No. 1465-'<11.5
178
178
November 30, 2006
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Adoption of Resolution No. 2006-307
Petition A VESMT-2006-AR-9916
Dear Legals:
Please advertise the above referenced notice of adoption on Tuesday,
December 5, 2006, and kindly send the Affidavit of Publication, in duplicate,
together with charges involved to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
P.O. 113-138312-649110
178
NOTICE OF ADOPTION
Notice is hereby given that on the 28th day of November, 2006, the
Board of County Commissioners of Collier County, Florida, adopted
Resolution No. 2006-307, RE: Petition A VESMT-2006-AR-9916,
pursuant to Sections 336.09 and 336.10, Florida Statutes, 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'.
Resolution No. 2006-307 may be viewed in the Office of the Clerk to the
Board, Minutes & Records Department, 4th Floor, Administration
Building, Collier County Government Center, 3301 East Tamiami Trail,
Naples, Florida.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
BY: Teresa Dillard, Deputy Clerk
(SEAL)
Teresa L. Dillard
17B
To:
Subject:
legals@naplesnews.com
Notice of Adoption- Resolution 06-307
Attachments:
Notice of Adoption Reso 06-307.doc; Notice of Adoption Reso 06-307(1 ).doc
Legals,
Please advertise the following on Tuesday, December 5,2006. Any questions, please contact me
Thank you
Notice of Adoption Notice of Adoption
Reso 06-307... Reso 06-307...
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239- 77 4-8411
(Teresa. Di Ilard@clerk.collier.fl.us)
1
17B
Teresa L. Dillard
From:
Sent:
To:
Subject:
ClerkPostmaster
Thursday, November 30, 2006 10:45 AM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
ATT2370477.txt; Notice of Adoption- Resolution 06-307
[J"
..-._:::'':;
-
r:::..m m,,:;;_,
U
ATT2370477.txt Notice of Adoption-
(231 B) Resolution...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
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legals@naplesnews.com
1
17B
~.
,
Teresa L. Dillard
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com)
Thursday, November 30, 2006 10:46 AM
Teresa L. Dillard
Delivered: Notice of Adoption- Resolution 06-307
Attachments:
Notice of Adoption- Resolution 06-307
[<..::..7"...1
U
Notice of Adoption-
Resolution...
<<Notice of Adoption- Resolution 06-307>> Your message
To: legals@naplesnews.com
Subject: Notice of Adoption- Resolution 06-307
Sent: Thu, 30 Nov 2006 10:45:06 -0500
was delivered to the following recipient(s):
legals, NDN on Thu, 30 Nov 2006 10:46:24 -0500
1
Notice of Adoption- Resolution 06-307
Page 1 of 1
1;:'18
Teresa L. Dillard
~~---^'-~'~~~'~~~~~~~~~--~-~^"~~~'"~--"'~~-~~-~'-~"-__'~'_~~_'~_~'~~'~_~~"~~"_"C.___A"^'~~.~""..o_...~""^'~"~'~~"_'_~~A"^~~'_^~~'^V~.~_~.'~___,__,~
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Thursday, November 30,2006 11 :17 AM
To: Teresa L. Dillard
Subject: RE: Notice of Adoption- Resolution 06-307
OK
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.fl.us]
Sent: Thursday, November 30, 2006 10:45 AM
To: legals@naplesnews.com
Subject: Notice of Adoption- Resolution 06-307
Legals,
Please advertise the following on Tuesday, December 5,2006. Any questions, please contact me
Thank you
<<Notice of Adoption Reso 06-307.doc>> <<Notice of Adoption Reso 06-307(1 ).doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dillard@clerk.collier.fl.us)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
11/3012006
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NAPLES DAILY NEWS
Published Daily
Naples. FL :H 102
Affidavit of Pu blication
State of Florida
County of Collier
"'''''-
'~
AVE$'1JO.r~.~-ll1083
pu8UCc flWING
Notl1;e Is her'~Y given I
that \tI$.:toard Of County ,
zomml..lonersQf Cof-
lerCOUl'ltY.wlll hofd. a
p\lt)llc l\earl9. on Tues-
~Yth~0'~;'drO~,2m
Floor. Admlnlstratkl!1
BUilding. . CQIlt.r Colll'ltY
~j&Iel:r'f~~~
Naples, Florld~.',l'!be
meetIng will. btl"~"t~'l\ett
91oo A.M. The tI e U1
,Rl'Oll!osed Resolution Is
.. follOWS:
j", RESOLUTION OF T,HE
tQARO OF .00\11'1. Y
COMMISSIOllt'RSOF
luk '0
CITING THIO
~~NEl~,:~a
OF A FIFTE
WID! COLL TY
UTILITY EA AS
RECORDED IN O.R.800K
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, MORE SPICI (IE-
SCRIIED IN I . . ,M.
NarE: All persotllWlsh-
fng .to speak." ani y
~a Item 'must ,rtGlS'
ter with the County All-
mlnlstrlltor ~lor tWo
sentatlol'l oflle __..wa
Item to' . d.
l!1dlvl_IWIlI
blI. 11l1Ilted el
on anY.. ec-
tlon of an af to
Ip,ak Ol'lb . an
Ofuanl~ or.iIl'OOO Is
enCO\Iractld.lf'flaljOg-
n.lzedby,tbe Ch IT, a
IPokeslulrlO a
grolfll orQr"..,. Ion
maybe . .. . In-
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wll have
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tile a*9P.J.. County
ltaff a _mutn 01 sev.
en dayl'p1'lOr to the
public h.arlng. . All ma.
terlal..USCl. d In j)l'esenta-
11m' l)'li!fIt,\ ... lItoard
w\lf.~.:aj).rma'
nent P*t~the.",rd.
Any . ~Q decld.
U);.. ..Islon
ot.wlllJieed a
reCOl'cl. ,of.""'l!:l'Oceed-
Ings,,,,rtlt'illntthereto
and.,th:ef'e10r1" ma')!
need rethat a
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aj)J!~ (..
B'OARY OF COUNTY
i~(JNTY'
Wrfk HAL.AS. CHAIR-
OWI(l,HT Ii. .liIROCK,
CLERK .
By: TereIIlDlllafd, Dep-
LjtY Clerk
~;':'~2 No. 1465980
'178
Before the undersigned they sene as the authority. personally
appeared Phil Lewis. who on oath says that he
serves as the Editor of the Naples Daily. a daily newspaper
published at Naples. in Collier County. Florida: distributed
in Collier and Lee counties of Florida: that the attached copy
of the advertising. being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
time in the issue
was published in said newspaper
on November 12.2006
Afliant further savs that the said :--iaples Daily l'ews is a newspaper
published at Napks. in said Collier County. Flanda. and that the said
n.:wspapcr ius heretol'Jre heen continuously published in said Collier
('ount\'. Florida; distrihuted in Collier and Lee .:ounties olThlrida.
l~aLh del\ and ha~ b~cn cnkrcd as s~('ond ..:lass mail matter at th..: rt)~t
cfli.:.: in '.:apks. 111 said CJllier County, Florida, lilr a period of 1
\.:ar next preccdmg the lirst publication of the anached copv of
adveI1is.:ment: and atliant 111l1her says that he has neith.:r paid nor
prntl1is~d any person. timl or corporation any discount, rehate:
commission or refund for the purposc of securing this advertisement !i.Jr
pdhli.:atlllll in the said ncwsf]
Sworn to and subscribed before me
This 17th day of November. 200(V
~~ .r/v
/' a.. -'7t-c!.-.-C;I" C-, .t. ':-~mf_____~
(Si r 'lure of.notarpublic')" '. ......
Nor,::)' E't'OllS
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178
RESOLUTION NO. 06- 307
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, as 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 easement 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; 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 Resglution adopted after motion, second and majority vote favoring
same,th!s.dS!l day of AO\~jldJ{,\- ,2006.
DAT~t:: ',I 1-3D/~~,
ATTEST: :
...D~.....,._ E,~~:~."...!,.CL RK llk/"
~\ '...'.,, . ~ -. I~
Attest'lI to Chi' nun s
s1qn"turf (VIi.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~~.5' /'
FRANK HALAS, CHAIRMAN
Approved as to form and legal
sufficie '
3950362 OR: 4159 PG: 0399
RECORDED in OFFICIAL RECORDS of COLLIBR COUN1Y, FL
12/22/2006 at 02:49PM DWIGHT B. BROCK, CLBRK
RBC FEE 18.50
COPIES 2.00
Retn:
CLERK TO THE BOARD
INTBROFFICE 4TH FLOOR
EXT 7240
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
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WEST ONE- HALF
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SOUTHWEST QUARTER
1,310'+/-
400'
PORTION OF 65' DRAINAGE
EASEMENT TO BE VACATED
400'
SOUTH LINE OF SECTION 12
tn
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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, TOWNSHIP 51 SOUTH, RANGE 26 EASL COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FoLLO'vlSI
THE SOUTHERLY 65 FEET OF THE EASTERLY 400 FEET OF THE 'vIESTERL Y 1,310 FEET
OF SAID SECTION 12.
CONTAINING O. 0 OF AN ACRE OF LAND MORE DR LESS;
SUBJECT TO SEMENTS AND RESTRICTIONS OF RECORD,
AGNOLL BARB R 8. BRUNDAGe INC.
PROFESSIONA ENGINEERS, PLANNERS 8. SURVEYORS AND MAPPERS
4390
NfH A" SURVE. Y
BY_________
GUY P. ADA
for: rpro ject:
. , IMPERIAL ImERNESS _L..H.__.I.~~E~~~~m_~~_.DERNESS
title: SKETCH AND DESCRIPTION OF PART OF SECTION 12, '-~---_..__..
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA 1~~~~9, 2006
...~..~~:~_._-.-..-.-.----'-.-,..- __..,._..mm___, ...._._m..__........m_..._...__..___.._..__...........'.....-----'.....-..rscal e~- .--- b o~k----
~ ~ ~ ~ It\G N 0 lJ CerWicate of Authorization No.. LB 3684 and BD 3684 1 .. = 1 00' po 9 e:
00 D D ,,13 Fu:: (2311)586-2203 . - - -- .
o 0 0 0 " ARBER &: ,. pro ject view:
ODDDDOI3
000000 nO':06 0088
000 a 0 0 RUNDAGE. INC. -
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Professional engineers. planners, &: land surveyors acad: file no:
Collier County: Suite 200. 7400 Tamiami Trail. North; Naplu. n. 34106 (239)597-3111 9541-50 9541
Lee COUll.ty: 9990 Coconut Roact. Suite 103. Bonita Sprinp. FL 34135 (2311)H6-6683
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*** 3950334
OR: 4159 PG: 0274 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
12/22/2006 at 02:31PK DWIGHT B. BROCK, CLBRK
RBC FBB 10,00
NAPLES DAILY NEWS
Published Dail\
Naples. FL ~-l1()2
1lDtn'~
ICLERK TO THE
INTEROFFICE
EXT 7240
BOARD
4TH FLOOR
Affidavit of Publication
State of Florida
County of Collier
178
Before the undersigned the~ ser\e as the authority. personally
appeared B._Lamb. who on oath says that they
sene as the Assistant Corporate Secretary of the Naples Daily.
a daily newspaper published at Naples. in Collier County.
Florida: distributed in Collier and Lee counties of Florida: that
Ihe attached COP\ of the ad\'crtisin,l!. being a
'i1~=-.t t1,.'I.-n.nr
Af1iant 1l1T1her sa\'s that the said "aples Daily 1\e\\s is a newspaper
puhlished at t\ap1cs. in said Collier Count\'. Florida, and that the said
n~\\i~pap~r has hcrdofor~ h':l.?ll continuou:-;ly published in said Collier
County. Florida: distrihukd in Collier and Lee counties or Florida.
each day and has been entered as sCi..'ond ;.;lass I1lilil ll1allcf at the po~t
"mcc IT] :\ap1c" III said C"liicr Cllllnl\, Florida, !,)r a l'etlod 01 1
\'ear next preceding the lirsl puhlicatlOn ofthe attached cop\' or
ad\.ertisement: and afliant Illrther says that he has neither paid nor
pronliscd any person. tlrm or corporation any di~count. rehate.
commission or rellllld !"r the purpose of securing this advertisement !i,r
publication inthc said newspaper.
Ii, --1
( SignKturc of affiant)
" NOrlCE OF Abo~
. Notice Is hereb.Y Iven that on the~28th. da Of.
_.Novemb:E!r,.2Q06, ~ Coum n-
ers Of. (rutllerCounty, FI Ado. Resollltlori
,No. 2006-308 RE:I'etltlo -2006.AR.l0083,
pursuant to s..etk.II$3a6.09 ancl )36.10, FlorkUl Stat-
utes, dlsclafmTiig.l. renOlln~d vaCating the
County's and the t'ubllc'. In .. Ii II portlotf of a
:.lIfteen-foot wide Collier CountY' UtIlity _ement as
recorded on O.R. Book 1664, Page 1!l6l, Public Re-
cords of Collier CQUnty, Florida, and more speclfl-
, cally described In exhibit 'A'.
I Resollttlon No. 2006-308 may be viewed In the Of-
, flee of the Clerk to the Board, Minutes & Records
l>ep, artment, 4th Floor, Admlnlstrlltlon Bulldlng, Coi-
I er Counb' Government Center. 3301 East Tamlaml
;.Trall, Naples, Florida. . .
"OARD OFCOUN1V COMMISSIONERS
; COLLIER COUNTY FLORIDA
"~FRANK HALAS CHAIRMAN
I, DWIGHT Eo BROCK. (:\.ERK
"BY: Teresa DUlard, Deputy Clerk
, (SEAL)
: nAl'!mn~r 5- Nn lAA1254
PUBLIC NOTICE
in the maller of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
on December_ 5th
Sworn to and subscribed before me
This 5'h of December. 2006
() ~'_~ r,t
\P .'J ,_' . ('\ \ _f\~YC"
(Signature of nota . public)
.,;iii';.:'f~~;" Chanel A McDonald
~-.( rb "'f;~ MY COMMISSION # D0210203 EXPIRES
;~~'~~:i June 29, 2007
"'~,.9f.,fo~;"" BONDED THRU TROY FAIN INSURANCE INC
FEl 59-25n~27
~~- -....a~'
'/{I(> ~ \?o
f-(t~--- ~~
~ \\t~\\'\\\\ ~!
To: Clerk to the Board: Please place the following as a: ,yo ~~ ~~/
Normal legal Advertisement Other: (Display Adv., location, etc.) ~~ 'b \;/
'.:::!. t>, F:r" ., ()" ~.//
*********************************************************************************************~
=.,."....,..~.,^.,,.,,,...._...,~~--.._--,~.:."'-~.,_.....,..,.._'""""""_-~,,,,,,,,~,,,,,,,,~,,,""""''''''''''
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
Originating Dept/ Div: Comm.Dev.Serv./Planning
Person: Stephen Higgins
Date: 9/23/06
Petition No. (lfnone, give brief description): A VESMT -2006-AR-l 0083
17C
Petitioner: (Name & Address): Jerome Speltz, Cornerstone Real Estate Advisers, INC.
One Financial Plaza, Suite 1700, Hartford, Connecticut 06103-2604
Name & Address of any person(s) to be notified by Clerk's Office: (lfmore space is needed, attach separate sheet)
Tobi D. Charbonneau, Hole Montes, 950 Encore Way, Naples Fl. 34110
BCC ~ZA Other
-u1l4 ~OG:,
Requested Hearing date: J3ased~n advertisement appearing 12 days before hearing.
l, 'l$ ,t'1P
Newspaper(s) to be used: (Complete only if impo ant):
f!!{X Naples Daily Ne~ Other
Proposed Text: (Include leeal description & common location & Size):
Hearing before
Legally Required
SEE ATTACHED RESOLUTION
Does Petition Fee include advertising cost? x~ No If Yes, what account should be charged for advertising costs:
113-138312-649110 ~
Reviewed by: Approved by:
Joe Schmitt CDS Administrator
Division
Head
Date
County
Manager
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
County Manager agenda file: to
Clerk's Office
Requesting Division
Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
*********************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Data Racaivad: JQ\:l- SiC>0 Data of Public h"nog: ~ Data Advart;sed: \ \ 1 \ Lltlp
l7C
RESOLUTION NO. 06M_
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, I nc. 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 lA' 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; 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
SUffiCi~
By: .
Jeff E. Wr. g .
Assista Collier County Attorney
~,:.c!;,'
l?C
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.
17C
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
17C
October 26, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: AVESMT 2006-AR-I0083
Dear Legals:
Please advertise the above referenced notice on Sunday, November 12, 2006
and kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
Account No. 113-138312-649110
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17C
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Jerome Speltz
Cornerstone Real Estate Advisers, Inc.
One Financial Plaza, Suite 1700
Hartford, Connecticut 06103-2604
Re: Petition A VESMT-2006-AR-I0083
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~~C&:c
Teresa Dillard, Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.c1erk.collier.fl.us
Fax- (239) 775-2755
Email- collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17C
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Tobi D. Charbonneau,
Hole Montes
950 Encore Way
Naples, FL 34110
Re: Petition A VESMT-2006-AR-10083
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
~ !JWIGHT E. BROCK: CLERK
NL~~L<.eflk(
Teresa Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.ft.us
Fax- (239) 775-2755
Email-collierclerk@c1erk.collier.ft.us
NOTICE OF PUBLIC HEARING
1 ?C
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, November 28,
2006 in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M. The title of the
proposed Resolution is as follows:
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".
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Dillard, Deputy Clerk
(SEAL)
17C
Teresa L. Dillard
To:
Subject:
legals@naplesnews.com
A VESMT -2006-AR-1 0083
Attachments:
AVESMT 2005-AR-10083.doc; AVESMT 2006-AR-10083.doc
Legals,
Please advertise the following on Sunday November 12, 2006. Any questions, please contact me. Thank you
~
A VESMT A VESMT
5-AR-10083.doc (27 5-AR-10083.doc (26
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774.8411
(Teresa. D illard@clerk.collier. fl. us)
1
17C
Teresa L. Dillard
From:
Sent:
To:
Subject:
ClerkPostmaster
Thursday, October 26, 2006 2:35 PM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
A TT1286339.txt; A VESMT -2006-AR-1 0083
~.
:...
-
F::."'j1
L::.J
ATT1286339.txt AVESMT-2006-AR-1
(231 B) 0083
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Teresa L. Dillard
";"
.it
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Thursday, October 26, 20062:35 PM
Teresa L. Dillard
Delivered: AVESMT-2006-AR-10083
Attachments:
A VESMT -2006-AR-1 0083
~...,
U
AVESMT-2006-AR-l
0083
<<AVESMT-2006-AR-10083>> Your message
To: legals@naplesnews.com
Subject: AVESMT-2006-AR-10083
Sent: Thu, 26 Oct 2006 14:35:03 -0400
was delivered to the following recipient(s):
legals, NDN on Thu, 26 Oct 2006 14:35:14 -0400
1
A VESMT-2006-AR-I0083
Page 1 of 1
17C
Teresa L. Dillard
From:
Sent:
To:
Perrell, Pam [paperrell@naplesnews.com]
Thursday, October 26, 20062:52 PM
Teresa L. Dillard
Subject: RE: A VESMT -2006-AR-1 0083
OK
From: Teresa L. Dillard (mailto:Teresa.Dillard@c1erk.collier.f1.us]
Sent: Thursday, October 26, 2006 2:35 PM
To: legals@naplesnews.com
Subject: AVESMT-2006-AR-l0083
Legals,
Please advertise the following on Sunday November 12, 2006. Any questions, please contact me. Thank you
<<AVESMT 2005-AR-10083.doc>> <<AVESMT 2006-AR-10083.doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa.Dillard@Clerk.collier.fl.us)
Under Florida Law, e-mail addresses are public records. Jfyou do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
10/26/2006
NAPLES DAILY NEWS
Published Daily
Naples. FL 34 102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared Phil Lewis. who on oath says that he
serves as the Editor of the Naples Daily. a daily ne\\spaper
published at Naples, in Collier County, Florida: distributed
in Collier and Lee counties of Florida: that the attached copy
of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on Nmember 12. 2006
time in the issue
Atliant further says that the said Naples Daily \Jews is a newspaper
published at l"aples. in said Collier County. Florida, and that the said
newspaper has heretol()re heen eontinuouslv puhlished in said Collier
('otlnt,. Florida; distrihuted in (..]!Iier and I,ee counties of Floflda.
each da\ .md has been entered as ,e.:,)IId class mail matter ilt the post
ollice 1n \apk;;. in Said Collier Cotlnlv. F1onda. f(lr a peri"d of 1
vear next preceding the first publication ofthe attach,'d copy of
advertisement: and alJiant further says that lie has neither paid nor
promised any person. linn or corporation any discount, rehate.
eommisslOn or refund IClr the purpose of securing this advertisement (clr
puh .cation in the said newspaper.
Sworn to and subscribed before me
This 17th ci;l\ of Nmembcr. 200()
/) . /,y'"
--/--i:~d_-z..~- _ ~4.~?
(Sig-natlfe ef.116rR'Fy" 'he)<' ""-" .'".' ~
;:"<' ~,
Noocy ~
. . .,.,'>';':',:,1 t} I:02ml EXP!iI{)
''1. ~7
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AVESMT '2006-AR-l0083
NOTICE OF
PUBLIC HEAt:<<NG
Notice Is hereby given
that the 80ard of CQUnty
commlsslonl!rs of Col,
lIer Co will hold a
J:!ubllc.. on Tues-
(jay, 1\1 r 28, 2006
In tilt. oom, 3rd
Floor. At,l11'l IstraUon
Building, Collier County
Govemment ~e. r,
3301 East TlII1'IldiI
Naples,l'lbrld-,
meeting will
9:00 A.M. The tltle the
proJlosed Resoh.rtlon. Is
as follOws: .
A RESOLUTION OF TIiE
EtOARD OFCQUN1'Y
COMMISSIO[oilERSOl'
I..L.~W~~~~' NTle
R.l0083. 01 . <t
ENOUNCING .,
TING THE C
AND ntE PU8L
TEREST IN A. P
OF A FIFT'EE
WIDE COLLIER .OUNTY
UTILITY EASEMENT AS
RECORDED IN O.R. 800K
1...., tAGI .1
RECORDS'
~~~~PlcWIC <.::
SCRIBED IN EXHIBIT "A",.
NOTE: All Persol'lS WIsh-
ing to speaK j)n an~
ag, enda Item mutt, . "".$ .
ter with the . CountY.Ad;.
mlnlstr.a, tor Drtor to .ptf-
sentatton of the; &Oend$
Item to be l!4d1'lIs"d.
indIvidual sPMl<<!I'S. will
1M! limited to 5
on any.ltem. . The
tlOn of an IRdl
speak on beb."
organization. or
eneoura"d. I
"Ized bY the
spokesperson
'group or . or,.
may be. allotted
lJtu.to SPeak on an
Item.
17C
wishing to ha.ve
..IM.Ol'...... ,g QrrJlP.J hie mlll'
~.,.'n.tl\'!l
,.oM.pckets
.lID!Ift,.f'ldm..
II ll'IlrlHtn.l1l'l of 3
pdorto tht<te-
.~. pUblic he,...n;;
In ClllIII;WI'H.ten Il18-
'.rlaKif\tU\dedto .''*',1.
~on~. . the ~
Shall be l Itteq J!l
the liP. . e county
~a mofsev.
e)'l days, pt or to the
publiC hearing. All ma-
terial ~,s~.~~':d
~. '.1
\!fIll b8..lit.tn.,I." '11I.."8rm.-
hent "otthe rtcom.
Anl'..er",1'l ..~. Od$cld,.'
~. tcf.'. '.: e1~I!lA
Iff the \'II II. l1ft'd II
t~O proceed,
lnos thereto
llnt,l,t/.ter.fore, may
n..d,;" th..ta
of~
..~.,
..
I,
~
17C ";~
November 30, 2006
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Adoption of Resolution No. 2006-308
Petition A VESMT-2006-AR-10083
Dear Legals:
Please advertise the above referenced notice of adoption on Tuesday,
December 5, 2006, and kindly send the Affidavit of Publication, in duplicate,
together with charges involved to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
P.O. 113-138312-649110
Ire
NOTICE OF ADOPTION
Notice is hereby given that on the 28th day of November, 2006, the
Board of County Commissioners of Collier County, Florida, Adopted
Resolution No. 2006-308, RE: Petition A VESMT-2006-AR-10083,
pursuant to Sections 336.09 and 336.10, Florida Statutes, 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 on O.R.
Book 1664, Page 1963, Public Records of Collier County, Florida, and
more specifically described in Exhibit' A'.
Resolution No. 2006-308 may be viewed in the Office of the Clerk to the
Board, Minutes & Records Department, 4th Floor, Administration
Building, Collier County Government Center, 3301 East Tamiami Trail,
Naples, Florida.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
BY: Teresa Dillard, Deputy Clerk
(SEAL)
.17C
Teresa L. Dillard
To:
Subject:
legals@naplesnews.com
Notice of Adoption- Resolution 06-308
Attachments:
Notice of Adoption Reso 06-308.doc; Notice of Adoption Reso 06-308(1 ).doc
Legals,
Please advertise the following on Tuesday, December 5, 2006. Any questions please contact me.
Thank you
Notice of Adoption Notice of Adoption
Reso 06-308... Reso 06-308...
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa.Dillard@clerk.collier. fl. us)
1
1~f.
/ll V
Teresa L. Dillard
From:
Sent:
To:
Subject:
Clerk Postmaster
Thursday, November 30, 2006 10:50 AM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
ATT2370554.txt; Notice of Adoption- Resolution 06-308
[]" '
~'-;:;
;~,..:
r;:--:'l
L::-J
ATT2370554.txt Notice of Adoption-
(231 B) Resolution...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
1-..
:/.",;r~
;?:~\
Teresa L. Dillard
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Thursday, November 30, 2006 10:50 AM
Teresa L. Dillard
Delivered: Notice of Adoption- Resolution 06-308
Attachments:
Notice of Adoption- Resolution 06-308
El
Notice of Adoption-
Resolution...
<<Notice of Adoption- Resolution 06-308>> Your message
To: legals@naplesnews.com
Subject: Notice of Adoption- Resolution 06-308
Sent: Thu, 30 Nov 2006 10:49:59 -0500
was delivered to the following recipient(s):
legals, NDN on Thu, 30 Nov 2006 10:50:27 -0500
1
Notice of Adoption- Resolution 06-308
Page 1 of 1
17C
Teresa L. Dillard
e~~~~~_~~~'_'__~~_V..~~~^~~~.~_~~'~~V^V~_~__~'^'~'~""".~.~,.~_~._.~~^~~~____._~"~^.~~~.~~~w_.~.v^'_'_..~~
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Thursday, November 30,2006 11 :16 AM
To: Teresa L. Dillard
Subject: RE: Notice of Adoption- Resolution 06-308
OK
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.f1.us]
Sent: Thursday, November 30, 2006 10:50 AM
To: legals@naplesnews.com
Subject: Notice of Adoption- Resolution 06-308
Legals,
Please advertise the following on Tuesday, December 5,2006. Any questions please contact me.
Thank you
<<Notice of Adoption Reso 06-308.doc>> <<Notice of Adoption Reso 06-308(1 ).doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dillard@clerk.collier.fl.us)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
11/30/2006
NAPLES DAILY NEWS
Published Daily
Naples. FL 34102
Affidavit of Pu blication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared Phil Lewis. who on oath says that he
serves as the Editor of the Naples Daily, a daily newspaper
published at Naples, in Collier County. Florida~ distributed
in Collier and Lee counties of Florida: that the attached copy
of the advertising. being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
I time in the issue
\\as published in said newspaper
on November 12, 2006
Affiant further says that the said Naples Daily News is a nev.spaper
published at "aples, in said Collier Count), Florida. and that the said
ne\\spaper has heretofore been <:ontinuously published in said Collier
County. nOT1da. distributed in Collier and Lec countics of Florida.
L':~l...'h :b\' ;md ha:--. been enter~d as st~cond dass lnail matter at the post
pllicOc' j,; \;aple" 111 :;aid Collier County, Florida. for a peri,)d of I
Year nC,'1 preceding the first publication of the attached copy of
advcrtisemcnL and afliant further says that he has ncither paid nor
promised any person, firm Of corporation any discount r~bate,
eommlssion or rdimd for the purpose of securing this advertisement for
pub' 111 in the said newspap' ,
Sworn to and subscribed before me
This 17th day of Noyember. 2006 /
. ~~ c::~~
of notary pu c)
NaDty ....
""",('~"'ON' ~ ..
\,~: 1f\ _
'~c'<'r~...-::& ..
.
NG,
VA.
y'S
'11!F
ST.
F.
ti6'~~
R'.1t:l OF
, .:
THE NORTHWEST
THE. NORTHWEST
XHlllli 'A'), T
WITH THE WEST ET .
OF THE NORTH OF I
THE SOUTHWEST ,OF I
THE NORTHWEST=,: OF
SECTION 34, TO IP
48, RANGE 26 (E 8IT
'B'}; THE OTHER'ItINQ
TIit EAST 30 FE!f OF
THE NO~TH 112 OF THE
SOUTH 1/2 OF. TH.
NOR.THEAST 1/40', THE
NORTHWEST 114 (EXHI-
BIT 'C'), TOGEtHER
WITH THE EAST 30 FEET
OF THE spun. 1/2, OF
ifJ.I~
1/2, OF THE SOUTHEAST
1/4 OF THE NORTHWEST
1/4 (EXHIBIT 'E')1. OF
SECTION 34, TOWNlIHIP
6~u~~~to\'biOLLIER
NOTE: All Per.ons wish-
I~, ' to speak on any
a. Item 1Tll/.t 1'101$-
t w th the County Ad.
mlnlstrator frlor to pre'
sen..tlon 0 the agenda
~~p~~r:fti'
be'IImited..to 5 minutes
on lanY Item. ' The selec.
tlon of an Individual to
speak on bllhalf of an
organization or ,roup Is
encj)uraged. If, recog.
nlzed by the Chair, a
spokesperson for a
group or organization
may be allotted 10 min-
utes to speak on an
Item.
17C
Persons Wishing to
have written. or graphic
mat.rlals IncluCled In
thllao.rd agenda pack.
ets 'i'I111st, submit said
mt;'li! .. mll\lmum at 3
wee Iptlor to. the reo
AAtCtV.publlc hearlllt.
In any 4:lIe; written .,...
terlalslntended to be
conskWedby the.1k!Vd
Shall be .ub'mltted~o
the...lIPprOprlateCOLmty
.-.. a minimum of~.
en days prior to the
Pj.rbl,\~hearlng. All ma.
terla used In presenta.
tton.before the BOA,I'(j
will become a perMa.
nent ~'ot the record,
Any person who de~lcl.
e.!? gpUI a'declSlon
ot ..,e ~ard will nee!:!,.
record of the proceed.
ings ",rtalnlng thereto
and theretore, may
nlled ,to enSlU'1 that a
va,...t'm record at the
proceedIngs Is m~e,
which record Includes
the testimony and . evl.
.d wbiQtl the
'i':,;~> ", .' .
CO'VNTY
Fl.OIl ,', .C'UNty,
ftj, ANItHAl.A$. CHAIR-
DIGH'" E.BROCI<,
C ,I<
By: Tere.a Dillard, Dep.
1.11Y Ctel1<
(SEAL) ,
Nq,v. 12 ~o, 14?1~
*** 3950381 OR: 4159 PG: 0561 **l
RECORDED in OFFICIAL RECORDS of COLLIER COURTY, PL
12/22/2006 at 02:54PM DWIGHT E, BROCK, CLERK
REC PBI
COPIBS
Retn:
CLERK TO THE BOARD
INTBROFPICE 4TH FLOOR
BIT 7240
10.00
1. 00
'*"
~1
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ry
v
RESOLUTION NO. 06y 308
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION AVESMT-2006yARy10083,
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' 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; 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 c)frH day of j\/ DVel'rl b-t'x' , 2006.
DATE:',' ,J 3oJo(P
ATTEST,.' ,
13~~'\ill:JK
~tt8"$t ~t to C'ni.1nun s
<5 jqh.tt,jr. I~r!",.
\
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By ~/ ~C ...::::
FRANK HALAS, CHAIRMAN
Approved as to form and legal
sufficie
3950332 OR: 4159 PG: 0270
RBCORDID in OFFICIAL RICORDS of COLLIIR COUNTY, FL
12/22/2006 at 02:31PM DWIGHT B. BROCK, CLBRK
RBC FIB 27.00
Retn:. 'CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
EXT 7240
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SKETCH OF DESCRIPTION
17C
THIS IS NOT A SURVEY
+,., . r...,z:,'^'_.. ,_
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f
GOLF COURSE PARCEL 4
\~F,r<CO SHORES UNII 30
:::;OL- COURSE
PL;q l30CK l7, P /:.CE-S 98. 1 O~)
1"= cD'
P.O,S,
GOLF COURSE PARCEL 4
~kAF?CO SHOR'~S u~n :SO GOLF COUf,SE
PLA T ,,0Ci< 7, PACeS 98- 11),3
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FiDJLU,S CFIEEK,
Pill\SE i ,
i.jhiiT 0\[,
TR!\,CT [',.26
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P,O.C.
I.INE TABLE
",
J\8BI~LVli\ TION:~,:
p.O,C := PCiiNT OF CCM!>.H:.NC[MUn
F-"J)l3 = ~)Oi".JT or 8[(~INt~ING
"" COLUER UTIUT'r [ASEMC,H
:c: CU-JTEf<iN~ 0'" ~Ol..D
0: \2005\O~-'008BC' RookC!'ry 0' "-l.:)rco ClubhmJ!>e E:o.p (Holrlninq)\OOOod FPL Utilily [r.ume,..,t\CJE YQ~oiir.m d...,Sl 12/'~/:-:G[j~J ,,; l)7: 47 A~ EST
D\11 A'NC
CONSULTING
.... '" , .L .JL
"bPl'ing
661 a Willow Park DrlVO, Suite ::00
Na,pIGs. Florida :3:4109
Phone: (239' 597-0575
FAX. (239) 597-9516
05-0088.01
0006
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LEGAL DESCRIPTION
17C
THIS IS NOT A SURVEY
LEGAL DESCRIPTiON
(COUNTY UTILITY EASEMENT VACATIOtJ)
A P.',RCEl OF LAND LYING SfCTIOi'! 14, TOWt~SHIP 51 SOUTH, RAtJGL 2(-) EAS!, COLLIER COUNTY,
FLORIDA, BEING MORE PA2TiCul"Mil. Y DESCRIBED AS FCI,LOWS:
COMMENCING AT THE SOUTHF:RL y COr,NEI, OF GOLF CCURSE "A~CfI, 4, '"!-,RCO :SHOF:ES uwr ,)0 CUJ
COUr,SE, A,S RECORDED PLAT BOOK 17, PAGES 98 TIROUGH O,l, OF THE rUBl.!C RECORDS OF CCy',LlEP
COUNTY, cLORIDA;
THENCE ALONG THE NOIFHERiY RIG!'d OF W,A I' LINE Dc cum CUITER BOULEvNm, N.50'l,YI7"W FOFi
800,5' FEET TO A POINT OF CURVATURE,
THENCE 'WRTHWESTERLY 1 :;,0 10 FEET. Al,or~G THE ARC CF A TNKTflTl!-,L CIROUiJ,R CURVE TO THE LEFT,
HAVING A R,ADiUS OF 4,05000 FEET, iHEWUGH A CENTRt,l. AfJGLF OF C2'07'25" I\ND 8FI~JG sur:m'NOED
BY A CHORD WHICH 8i',ARS hi 51'16'59"w, FOR 'I ;;0,09 FEET, TO ~HE SCiUTHEASTERl CORr,ERJF A
COLL,ER UTiLITY EASEMENT, AS OESCRIBED It, OFFiCiAL RECORDS EWOK 1164, PAGE 1963 OIC"!!f '''U8L1C
RECORDS Of' COLUER COUNTY, H,ORIG!\:
iHE"CE ALONG THE EASTERLY ?[RIMEFF, OF SAID COLUliR UTILITY [t,S[r~[tJ r, 'cI'IL F01.10W1I-.l0 TWO (7)
DC:SC.RIBED COURSES;
(1) THENCE N, ,W'5'9'57"E FOF, 21n,S2 "EEl;
(2) THENCE. S,49':;,1)'00"=:, H)R l'17,8U FU:T, TO THE POINT OF BEGINNING OF iHE PORTlmJ OF THE
EX:Si'NG COLLiER UTILITY FASf.:MUH TO f.JF VACATED AS DESCf\lBm HEREIt~:
Trll:i-.lC[ LE,1VING SAID CULUU, UTiLITY EASEMGn PERn~ETER N,40'10'Oi.n:, EO" 1500 FEEl, TO /\ POINT
ON T;-iE NORTHERLY f.JCUND"RY OF SAID c,:m,L1ER UnLlTY EASEMUH;
T-iENCE i\L,ONC SAID COLlJER UTILITY EASEM,TiT PEf(I'AUER, iI'IE FOU,CWli,C FI'It: (5) Dl:SC"',BEJ O,OUI,SES;
(1) THEHCE S49':iO'00"E FOR :;9,}/ FEET;
(2) THENCE HW')':30'00"E "-or, 5042 FELT;
(3) THENCE S04'3C/OO"[ FOR 1 [,,00 FEET:
(4) THENCE S 8S'30'OO"W FOR 56,58 FEET
(5) T;-iENCE N 49':;0'00'W, FOR 65,S,) fTEl; TO THE POINT OF BEGINNING OF THE P;\f,CU" DESCRIBED
HmEIN
CO\TAINING 1,739 SOUAF!E FEET, MOF,E OR L.i:,SS
SUBJECT TO CASEMENTS AND RESTRICTIONS 0; FECORD
BEARII-.lG:; ARE BASED ON THE NORTHU,LY RIGHT OF W~,y L1fJE OF Ol"U6 CENTEf,( BOU[EV;\RD!>,S 8EloI0
N,50'13'17"W,
'iIGNA TUi~i:: ^"O n-!E ORIGINAL Rl>,iSED SEAL
SUINEYOR MJD '.,APPER
PREPARED FOR' HENNING CO'JSmUCTIO'~
0: \2005\C~,-Q0138,Ol ROOKcry 0 MorCQ C1ubhouu E:~p (Hen....lr'9)\OOtJ6 FPL Ujl~lt'f EOllfmul'Il\CUC ....o(<~t;cr.dwlJ 12/1 ~170CJ5 9: 07'" 7 A.f.A EST
D'XT^~C.
CONSULTING
.L ~, '.L ....
;.~ATr.
12/14/05
HENNING CONSTRUCTION
LEGAL DESCRIPTION
OF C.U,E, VACA Tlm~
CLiFtn
SeN.F
~.l/,~.
DRAWN 13'('
TITLE'
1\'li-!pp~lg
C,AJ
0~-0088,01
6610 Willow Pa;Io; OnVll'. Suit~ 200
Napl&!,;, Florida :34109
Phone: (239) 597.0575
FAX: (239) 591.0518
I FilE
OF 2 NUMBER,
f SHEET
, NUMBER:
0006
~
" 1
a/holT A.
1
NAPLES DAIL Y NEWS
Published Dail~
Naples. FL 3-t!02
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority. personally
appeared B. Lamb. who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily.
a daily newspaper published at Naples, in Collier County.
Florida: distributed in Collier and Lee counties of Florida: that
the attached copy of the advertising. being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the isslle
on December. 5th
o\tlIant fllrth~r "I\S that th~ saId '.;apks Dail\' l\cws is a ncwspap~r
puhli,h~d at '.;apks. III saId Colli~r County. Florida. and that thc said
ncv.spap~r has heretol"fe h~cn continuously puhhsh~d in said Colh~r
COl",I\'. !'lurid", (ltqribut~d in Colli~r and Le~ ~ounti~s ol'Florida.
c';n.:h day ;nH.1 hils h~~ll enlcfl..'d as second class mail matter at thl..' ptHt
()lli,,~ 111 "aples. in said COIII"f Count\'. Flonda. I"l' a period ,)1' I
\~af n~xl pr~~cJlIlg th~ lirst publication of the attadl~d copy ell'
advcrtlscment: and affiant furthcr says that he has n~ith~r paid nor
promised any p~rson. Ii I'm or corporation any discount. r~bate.
commission or rci'und for th~ purp')S~ of s~cur1l1g this ad\'~rtis~ll1~nt 1,,1'
publIcatlull in th~ said I:.::::?
/1.
( Sign~ltlrre of affiant)
Sworn to and subscribed before me
This Slh of Dee~tnber. 200(j
CxL~ OJ\\c:.{)cn\c0L<'l
(Signature of notary public)
/fi?~'f.~*-,. Chanel A McDonald
8 A '~*~ MY COMMISSION # DD210203 EXPIRES
':;;~~7.1i~" June 29, 2007
~',.:,.~y,\;-:~c'~ ~;OtJDfD THfW TROY ~,t.IN INSURANCE, !NC
FEI 50-2571-1327
*** 3950382 OR: 4159 PG: 0562 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
12/22/2006 at 02:54PM DWIGHT B. BROCK, CLBRK
DC FBE
COPIBS
10.00
1. 00
Retn:
CLBRK TO THB BOARD
INTBROFFICE 4TH FLOOR
BIT 7240
17C
"""~ Non~~F ADoP11ON
~ N, otice hi hertlly , , 't' on ',the 28th ~ of
.. November 2006, tf!e~.
, ers of Collier COUl1 '., " Commlss n-
'* No 2006,-310 RE' ~tl a; Ad ed Resolution
'* pursuant to SectiOns e V 5 'ZGOO.AR.99S1,
lutes -mma1ml1'io;:r.lJnOUl'! ' " , .
'. Cobu.ntl' y's and the PUj)IlC'$ IJO , II tt,:
~ c riOht, -of-way easements. One West
NC feet of the south of the NorthW 1/4 of the
aoor::e:Jfe4 (Exhlbl(2'A'),tooether with the west
NorttlWest1/4 r:,~"of~~ Sou~r'est 1/4 of the
~~~~bll~B~#::: ~= ~~~~30~, ~rort~
Noethwest 1/4 (Exhlbit 'C'), toaether ~ l{~Of the
3NO .!~ of the South 1/2 of tfie South 1/2 'of ~
..2}'""10,, u~t ',4 oftl!4l, N,lorth,' west 1/4 (ix,. 'hiblt 'D')
...... 30 feet of the NclIttlm of the So '
,..... ' 4. . ' N9I'thwett ,1/4 (EXtilfllf 'I'). of ~:
~. Tow.s/'tllil48. Ranoe,26, Collier County,
!=~r:r= ~rM:'f~.=d~~~=~n ::o,OJ~
~ ',4th Floor. AckntnlStrMion IlIllkl,lno, Col.
i eI.~~~rent Center. I301Eut T1Uniaml
..
lli
.,' ~
m~~~~
Nft 14A4.?1;;1 !'
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)
D
To: Clerk to the Board: Please place the foUowiDg a. a:
181 Nonnallegal Advertisement
(Display Adv" location, etc.)
o Other:
******************************************************************************************.***.****.* **.
OriginatiDg Dept/ Div: Transportation
Person: Robert W. Tipton, P.E., Traffic Operations Director Date: 11/06/06
Petition No. (If none, give brief description): An Ordiance Amendina Collier County Ordinance 72-1, as Amended (The Collier
County Lighting District); Amending Section One, Area Established, by Deleting Edgewild Subdivision
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) John W. Mill ,
Field Supervisor, Traffic Operations Department
Hearing before X BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. November 28,2006
Newspaper(s) to be used: (Complete only if important):
181 Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common location & Size: Please see Ordinance, attached.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? 181 Yes 0 No If Yes, what account should be charged for advertising costs? 760-
162711
117~6
Date I
5f2A 1117/p~
~j~ Co. JH/r~r-~
Attachments: Letter from Edgewild / Quail Woods Estate HOA
DISTRIBUTION INSTRUCTIONS
A. For hearings before BeC or BZA: InitiatiDg perlOll to complete one copy and obtain Dlvlilon Head approval before
submitting to County Manager. Note: Hlegal document I. involved, be sure that any necessary legal review, or req t
for same, Is submitted to County Attorney before submitting to County Manager. The Manager's office will distrlbu
copies:
o County Manager agenda me: to
Clerk'. Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
*****.*.***..*.****......*......***...*.*.***..**..*.*******.****....*......*..***.******..***..*.**** ***
FOR CLERK'S OFFICE USE8llfLJ;.f AM j I' ., v. j,.q", I , , I ~
Date Received: ~ Date of Public hearing: ~ Date Advertised: ~ ,00
..'..~.1-;'...:;;:.-.
,..'.- ,.;;;.....-.
- .:. . ....
1 ?D
ORDINANCE NO. 2006-
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
72-1, AS AMENDED (THE COLLIER COUNTY LIGHTING
DISTRICT); AMENDING SECTION ONE, AREA ESTABLISHED.
. BY DELETING EDGEWlLD SUBDMSION, NOW KNOWN AS
QUAIL WOODS ESTATES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR EFFECTIVE
DATE.
NOW, TIlEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Amendments to Seedoll One, Area Eatablllhed, of CoUler County
OnUnanee No. 72-1, a. ameDded
Section one of Collier County Ordinance No. 72-1, as amended, is hereby amended to
delete the geographic arca known 81 Edgewild Subdivision, now known lIS Quail Woods EstBl:es,
from the Collier County Lighting District as follows:
(35) Bdgewi14 8uheWiM8R lIINet lighHII! munieipal. lIOl"\'jse _in! Uftit whieh is mere
pertilNlarly aeuPihlli as fellews:
CelBBleemg at !:he aerthlllflt sePller ef Seetisa 2S, TsWRIIhi:P is Sellth, Rage 25 Bast,
Cellier CeUBty, Fiefi_: ih.eMe !IeWh 890!7'3S" "Nest al8lll1M aenlt fight ef way JiBe sf
C Si6 Il dietaMe sf162Ui feet; these seuth. to\i'27" llIflt 191M2 feet te the peHH ef
11I'8i8Biag; tit..... een:HIRUl ~ 10H'27" east 123U2 feel: dleBse setHft 890!9'S)2"
east 391,.1 ~ tktBse se&l:h 1016'<17" I8Ilt 1333.27 feet; tfte8ee se11th I019'3S" east
266'.S7 feet ta 1M lIev.tB lifta sf saW a_ell 25, TW,VMhip <18 8euth, ItaRge 2S Bast;
lfte8ee aleq tltelftil.t litte af sMd i_8ft 2S, TeWMMp <111 Be'" Rege 2S Best, nerth
1190j9'IH" weet '69.12 feet te tlte ll8UtAe.t eefRer efYe.. 8ellllaM as reeerded ill. Plat
Beak 1 g, ,e,ges 95 97 sf tfte P\llIlie Reeelf'ds af CeUi... Ceun.tf, Ftel'ida; theeee alellg 1M
lI89t liBe shai. F8tlr SfllIIIEIM "Mdt 1096'28" wMt 26'6.00 feetl l88fl8e Berth 1012'97"
"A'<<lt ]332.84 r_ theMe II8Wh 8goS9'U" e&IIt 3~.ga reet:: tktBee 8Ell'th 1011'27" w8llt
l23H8 feet; tBeBallael'tJt 890Sn 8" 88IIt llQ.OO feet te the,mm eflleglftMBg.
SECTION TWO: COD.mct and SeverabUlty
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more n:strictive shall apply. If eny phrase or portion of this Ordinance is held
invalid or unconstitutional by any cowt of competent jurisdiction, suc:.b. portion shall be deemed a
separate, distinct and independent provision and such holding !Ihall not affect the validity of the
remaining portion.
SECTION THREE:
IDcltaion In the Code of La",. lUld OrdlDlUlees
Tho provisions of this Ordinance shall become and be made 8 part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinencc may be renumbered or
Underlined words are added; Struclt Throuih words arc deleted.
-'. .
n>-lettc:ced to aooomplish such. and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SEcrION FOUR:
Effective Date
This 0rdinImcc shall be effective upon filing with the Florida Ocpilrtmcnt ofStatc.
PASSED AND OUL Y ADOPTED by the Board of County Commissioners of Collier
County, Florida this
,2006.
day of
A1TEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FraDk Halas, Chairman
Deputy Clerk
Approved as to form and
~suffici~~ J
'r~ t< A~l
tt R. each
Assistant County Attorney
2
Underlined words III'C added; Struc1c Throuih words are deleted,
1711
Nov 07 06 11:2Sa
Herb Solomon
23S-SS1-3B47
KMA
P 0 ex 1 1 1 802
NAPLES, FL 34108
RECEIVED
;'JlJ'l "
COLLIER COUNTY
fRAFFIC OPERATIONS
November 7, 2006
Mr. John Miller
Via Fax /213-5868
Re: Removal from Lighting District / Edgewild - Quail Woods Estates
HOA
'-
Dear Mr. Miller;
In response to your email. please remove Edgewild 1 Quail Woods Estates
He>.A from the Lighting District.
Thank you.
For the Board of Directors,
~{
Herb Solomon, CAM, AMS
KMA Company
239.571.7968 I'
2.39.59 I .3847 r
EM AI L; knl:l..:nlllp"n.Y(fH:oma...,'t.n<.,[
17D
p. 1
17D
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Collier County Ordinance No.
72-1, as amended (The Collier County Lighting District) by amending Section One,
Area Established, by Deleting Edgewild Subdivision, now known as Quail Woods
Estates; providing for conflict and severability; providing for inclusion in Code of
Laws and Ordinances; and providing for an effective date.
OBJECTIVE: That the Board of County Commissioners adopts the attached ordinance,
which amends Collier County Ordinance No. 72-1, as amended, to remove the Edgewild
Subdivision, now known as Quail Woods Estates, from the Collier County Lighting
District.
CONSIDERATIONS: A recent internal audit of the Collier County Lighting District
revealed that, although the Edgewild Subdivision, now known as Quail Woods Estates, is
within a taxing district (Millage Area 115) of the Lighting District, it contains no District
provided street lighting and its residents have no desire to have street lighting installed
within the development. The development's residential streets are adequately lighted by
matching decorative yard lights on their properties that are individually billed by Florida
Power and Light Company through their individual monthly electric service billing.
Given this lack of need and desire for service, staff recommends that the Collier County
Lighting District Ordinance be amended to remove Edgewild Subdivision (Millage Area
115) from the Collier County Lighting District.
FISCAL IMPACT: By amending Ordinance 72-1 to remove Millage Area 115 from the
Lighting District, annual revenue to the Collier County Lighting District Fund 760-
162711 will be reduced by approximately $3,255 annually.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with this Executive Summary.
RECOMMENDATION: The Board of County Commissioners adopts the attached
Collier County ordinance that amends Collier County Ordinance No. 72-1, as amended.
Prepared By: John W. Miller, Traffic Operations Department
Attachments: (1) Ordinance 2006-
17 Li
November 8,2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: An Ordinance Amending Collier County Ordinance No. 1972-1:
Collier County Lighting District
Dear Legals:
Please advertise the above referenced notice on Friday, November 17, 2006, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
P.O.lAccount # 760-162711
NOTICE OF INTENT TO CONSIDER ORDINANCE
17D
Notice is hereby given that on Tuesday, November 28, 2006, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 72-1, AS AMENDED
(THE COLLIER COUNTY LIGHTING DISTRICT); AMENDING SECTION ONE,
AREA ESTABLISHED, BY DELETING EDGEWILD SUBDIVISION, NOW KNOWN AS
QUAIL WOODS ESTATES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will
need a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal
is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Dillard, Deputy Clerk
17r
1..
Teresa L. Dillard
To:
Subject:
legals@naplesnews.com
Ordinace Amending Ord. 72-1 (Collier County Lighting District)
Attachments:
Amending Ordinance 72-1 (Lighting District).doc; AMEND ORD 72-1 (Lighting District).doc
Legals,
Please advertise the following on Friday November 17,2006. Any questions, please contact me.
Thank you
Amending AMEND ORD
-dinance 72-1(Lighti '2-1(Lighting Distri..
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. D illard@Clerk.collier. fl. us)
1
17n
Teresa L. Dillard
From:
Sent:
To:
Subject:
ClerkPostmaster
Wednesday, November 08, 2006 1 :21 PM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
ATT3564032.txt; Ordinance Amending Ord. 72-1 (Collier County Lighting District)
lB-
..
- .
~.~.i1
U
ATT3564032,txt
(231 B)
Ordinance
nending Ord. 72-1 (
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
17D
Teresa L. Dillard
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Wednesday, November 08, 2006 1 :22 PM
Teresa L. Dillard
Delivered: Ordinance Amending Ord. 72-1 (Collier County Lighting District)
Attachments:
Ordinance Amending Ord. 72-1 (Collier County Lighting District)
~...... >71.
L.:::-J
Ordinance
nendin9 Ord, 72-1 (
<<Ordinance Amending Ord. 72-1 (Collier County Lighting District)>> Your
message
To: legals@naplesnews.com
subject: Ordinance Amending Ord. 72-1 (Collier County Lighting District)
Sent: Wed, 8 Nov 2006 13:21:15 -0500
was delivered to the following recipient(s):
legals, NDN on Wed, 8 Nov 2006 13:22:05 -0500
1
Ordinance Amending Ord. 72-1 (Collier County Lighting District)
Teresa L. Dillard
Page 1 of 1
17 r'~l
^~~~_~~~~~,_~~~~_^~m._~~".~~~~=_V^-_"_'~~~"~^"~"~^~^"~.~~^~m~M~"",~^w,,~'^_~'~m~,^~~"m_~'~~Y_'W~~~~^,~~~~~~"~.~.,~_,~m.~~~~
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Wednesday, November 08,20062:24 PM
To: Teresa L. Dillard
Subject: RE: Ordinance Amending Ord. 72-1 (Collier County Lighting District)
OK
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.fl.us]
Sent: Wednesday, November 08,2006 1:21 PM
To: legals@naplesnews.com
Subject: Ordinance Amending Ord. 72-1 (Collier County Lighting District)
Legals,
Please advertise the following on Friday November 17, 2006. Any questions, please contact me.
Thank you
<<Amending Ordinance 72-1 (Lighting District).doc>> <<AMEND ORD 72-1 (Lighting District).doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Di lIard@clerk.collier.fl.us)
11/812006
NAPLES DAILY NEWS
Published Daily
Naples. FL 3-l102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority. personally
appeared Phil Lewis, who on oath says that they
serve as the Editor of the Naples Daily. a daily newspaper
published at Naples. in Collier County. Florida; distributed
in Collier and Lee counties of Florida: that the attached copy
of the advertising. being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper I time in 111e issue
on. November. 17111
2006
Afliant lillthl'r says that the said "!apks Daily ~ews is a newspaper
published at Naples, in said Collier Cnuntv. Florida. and that the said
newspaper has herdol()re been continuously published in said Collier
Countv. Florida: distributed in Collier and Lee counties of Florida.
c:ach day and has been entered as seeond class mail matta at thc post
o!licc ill >:aplc, ill .'aid Collicr County, Florid:l. for a pcriod of I
vear next preceding the jirst publication of the attached copy of
advertisement and alliant jurther savs that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purr""e of securing this advertisement f(lf
publi" lln in the said ne .spaper.
Sworn 10 and subscribed before me
This 17th
Day of November. 200n
""
/
(Signatur
//
,I'
L/c, .:-rz--~~
lie)
..111>)
rJW fIQIM
~r'..
r:" fff;~~'"
~:~~;3i':';' .'
.. .',~.1l1oiQ u:.
.........
>.~"......"",::;.;.,;.;....;$
l?D
ORIGINAL DOCUMENTS CHECKLIST & ROUTING llD
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion of the Chairman's silmature, draw a line throul!11 roUtiDi!: lines #1 throul!:h #4, comDlete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
-
3.
4. Scott R. Teach, ACA County Attorney's Office SRT ~ 12/01106
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
7. Scott R. Teach, ACA County Attorney's Office
"
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.
Phone Number
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document Ordinance...
Attached
Agenda Item Number
774-8260
17D
2
Yes
(Initial)
SRT
tfJ;<
N/ A (Not
A licable)
Number of Original
Documents Attached
SRT ~1
SRIPt
SR
SRT
~'11
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
((matter_number>>/ ((documencnumber>>
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on November 28. 2006 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorne 's Office has reviewed the chan es if a licable.
Please return one executed ori inal document to Scott R. Teach ACA
2.
3.
4.
5.
6.
7.
17D
ORDINANCE NO. 2006- 54
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
72-1, AS AMENDED (THE COLLIER COUNTY LIGHTING
DISTRICT); AMENDING SECTION ONE, AREA ESTABLISHED,
BY DELETING EDGE WILD SUBDIVISION; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
Amendments to Section One, Area Established, of Collier County
Ordinance No. 72-1, as amended
Section one of Collier County Ordinance No. 72-1, as amended, is hereby amended to
delete the following geographic area from the Collier County Lighting District:
(35) Edge\vild Subdivision street lighting municipal ser'lice taxing unit which is more
particularly described as follows:
Commencing at the northeast comer of Section 25, To\vnship 18 South, Range 25 East,
Collier Count)', Florida; thence south 89057'38" west along the north right of '.va)' line of
C 816 a distance of 1626.51 feet; thence south 1011' 27" east 100.02 feet to the point of
beginning; thence continue south 1011 '27" east 1233.52 feet; thence south 89059'92"
east 302.1 feet; thence south 1016'17" east 1333.27 feet; thence south 1010'35" east
2667.57 feet to the south line of said Section 25, Township 18 South, Range 25 East;
thence along the south line of said Section 25, TO'.vnship 18 South, Range 25 East, north
89050'01" west 669.12 feet to the southeast corner of Four Seasons as recorded in Plat
Book 10, pages 95 97 of the Public Records of Collier Count)', Florida; thence along the
east line of said Four Seasons north 1006'28" west 2666.00 feet; thence north 1012'07"
'Nest 1332,81 feet; thence south 89059' 52" east 302.03 feet; thence north 1011'27" '.vest
1233.18 feet; thence north 89057'38" east 60.00 feet to the point of beginning.
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 portion.
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
1
Underlined words are added; Struck Through words are deleted.
17D
re-Iettered 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 28th day of November, 2006.
"-'." . p "'. ~ ""
ATTEST' , 'v' i ' 'I'/)
. , -,{ '\. ,- . . . ~ . . . ,-'
DWIGHT ~:lrR;qcK"~lerk
~...,....,
.' "".-. :',' \'
. ..' ,- ','
-.. .
Deputy Clo/k
(.
~
BOARD OF COUNTY COMMISSIONERS
OF COLLIE~ CO~ORIDA
By: ...~~ ~
Frank Halas, Chairman
...>{~~!~,
Approved as to form and
Legal SUffici", J..
<;; ~11 . ~~
Scott R. Teach
Assistant County Attorney
2
Underlined words are added; Struck Through words are deleted.
17D
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2006-54
Which was adopted by the Board of County Commissioners on
the 28th day of November 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st day
of December 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners,., "
;,
?n~ VU-~,'.
/'
'''"
By:Martha Vergara,
Deputy Clerk
"
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,f. j:, l: .J '# \'~
, COLLIER COUNTY FLORIDA
~152.627<8<.9
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Other (o;sp]ay Adv. location. etc.) \ \ \\t\\~\\\ i
************************************************************************************ ~~************* "
Originating Deptl Div: Comm.Dev.Serv.lPlanning Person: ?1e.pHt"-l ~;~/~~ ~t>Le~\t,..~ ~ oce.
Petition No. (If none, give brief description): ,A\]e.~N\T - ~b-Ae..-ql::n+
, . . . LoLLt€.tz. c.o()~tlf fAC-'ll.~"fl es MA-.JA.G:rf.Mf-t-Jr DepT.
PetItIoner. (Name & Address). 3?OI ~n~'M\'~M..i -nz,pot\" t:-AS'i; e.l..DG. VJ, ~ Apl€, 'S fL.
Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet)
~A1Z-I2.'1 (Z. U P{2I2..;5 , P- G.. A/!J~" />.<~OG
Hearing before BCCX BZA - ozer 7400 1""A,...t A:M'1 nz.c.LL EA"'5T (?LD4'\P
{...J..-._ " - J, Li 0 G. ,
Requested Hearing date:~ ! - '..,...., Basic! Q7;"t \v{2.:8r~pearing 15 days before hearing.rJ~US I rl. 34-1 (z..
Newspaper(s) to be used: (Complete only if important):
17E
Page 1 of I
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
Normal legal Advertisement
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size):
?ee.. ~/.\.c:.~E-O tzf:.~o Lu;-io~ ~
Does Petition Fee include advertising cost? XX B No If Yes, what account should be charged for advertising costs:
113-138312-649110
Reviewed by:
Division t"OS ~MtMI~""~~
Head .1 .
\J~e..p~ -5C:::~M 11\
Approved by:
Date
County
Manager
DISTRIBUTION INSTRlICTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copies:
County Manager agenda file: to
Clerk's Office
Requesting Division
Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
*****************************************************************************************************
FOR CLERK'S OFF]CE USE ONLY, J1+~2
Date Received, 12\ }qao Date ofMHc hearing' _lLl?1#oatc Adverti"d, ~ l,~ I~ q ( t:4
file://H:\Engineering Department\Engineering Folders\Stephen Higgins\Surveyor\BCC A... 9/21/2006
l?[
EXECUTIVE SUMMARY
Recommendation to approve Petition AVROW-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 A VROW-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.
"'.......-..-"
17E
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
17;E
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 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 lA' 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
SUffiCi~~ ~ .~
By: ( [" I
Jeff E. ri ht
Assistan oilier County Attorney
P...int Map
,;';
17 (~
L.
Page 1 of 1
Lucerne Rd ROW Vacation
@ 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, nc
for the data herein, its use, or its interpretation.
http://maps.collierappraiser . com/we bmap/ mapprint. aspx ?title= L ucerne%2 0 Rd %20RO W%... 2/20/2006
17E
Adjacent Property Owners within 250 feet:
I. Isabel Salas
Felix Alvarez
4214 29th Place SW
Naples FL 34116-8304
Folio 36111040004
2. Jose Araujo
4914 23rd CT SW
Naples FL 34116
Folio 36111000002
3. Shirley Smith
2391 Lucerne Road
Naples FL 34116-6968
Folio 36111080006
4. Alberto Patino
4917 24th A V SW #A
Naples FL 34116-6936
Folio 36111120005
5. Samm Inv. LLC
3430 SW 12ih A V
Miami FL 33175-2712
Folio 36110320000
6. Guadalupe Tinoco
Isaias Arreguin
1881 40th Terrace SW 34116-6015
Folio 36110280001
7. Walter 1. and Edith Perez
291 21st St. NW
Naples FL 34120-1803
Folio 36110360002
8. Walter 1. and Edith Perez
29121stSt.NW
Naples FL 34120-1803
Folio 36110400001
17E
9. Goodwill Industries SW FL, Inc.
4940 Bayline DR
North Fort Myers FL 33917-3905
Folio 36316200005
10. Ponce Realty Co.
cia Southern Management and Development LP
P.O, Box 11229
Knoxville TN 37939-1229
Folio 36316320008
11. David Wand Carol P. Hill
4928 23rd Court SW
Naples FL 34116-6910
Folio 361109600004
12. Jean Baduel and Clarisse Bijoux
4933 24th A V SW
Naples FL 34116-3636
Folio 36111160007
October 26, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: A VESMT 2006-AR-9674
Dear Legals:
Please advertise the above referenced notice on Sunday, November 12,2006
and again on Sunday, November 19, 2006 and kindly send the Affidavit of
Publication, in duplicate, together with charges involved to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
Account No. 113-138312-649110
17E
NOTICE OF PUBLIC HEARING
l' !.-
..i I' I
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, November 28,
2006 in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M. The title of the
proposed Resolution is as follows:
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 "An.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Dillard, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17E
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Collier County Facilities Management Dept.
3301 Tamiami Trail East, B1dg W
Naples, FL 34112
Re: Petition A VESMT -2006-AR-9674
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19,2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
(\ r;)". ta~wk
~~llard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.n.us
Fax-(239)775-2755
Email-collierclerk@clerk.collier.n.us
17E
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Larry R. Harris, P.E.
AB&B Assoc
7400 Tamiami Trail East, Bldg W
Naples, FL 34112
Re: Petition A VESMT -2006-AR-9674
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28,2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
You are invited to attend this public hearing.
Sincerely,
!k,--_ k
eresa Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17E
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Isabel Salas and Felix Alvarez
4214 29th Place SW
Naples, FL 34116
Re: Petition A VESMT-2006-AR-9674
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19,2006.
You are invited to attend this public hearing.
Sincerely,
DWIG. HT E. rOCK, CLERK
" J. ~Q'b.@lU~ k
"'~ Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646 Fax-(239) 775-2755
Website- www.clerk.collier.fl.us Email- collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17E
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Jose Araujo
4914 23rd CT SW
Naples, FL 34116
Re: Petition A VESMT -2006-AR-9674
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28,2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
You are invited to attend this public hearing.
Sincerely,
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 T AMlAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17E
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Shirley Smith
2391 Lucerne Road
Naples, FL 34116
Re: Petition A VESMT -2006-AR-9674
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E(*OCK, CLERK
~,,*~ccJ)k
Teresa Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.c1erk.collier.ft.us
Fax-(239)775-2755
Email-collierclerk@c1erk.collier.ft.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17E
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Alberto Patino
4917 24th Ave SW #A
Naples, FL 34116
Re: Petition A VESMT-2006-AR-9674
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19,2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT fBROC~,. CL.ERK
NLu.lQ'btfu~k
Teresa Dillard, Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.O.us
Fax-(239) 775-2755
Email-collierclerk@clerk.collier.O.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17E
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Samm Inv. LLC
3430 SW l27th A V
Miami, FL 33175
Re: Petition A VESMT -2006-AR-9674
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19,2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. ~OCK, CLERK
~U1e, i:iJlu-JJ,&z
Teresa Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.n.us
Fax-(239) 775-2755
Email- collierclerk@clerk.collier.n.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMITRAILEAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17~
~
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Guadalupe Tinoco and Isaias Arreguin
1881 40th Terrace SW
Naples, FL 34116
Re: Petition A VESMT-2006-AR-9674
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19,2006.
You are invited to attend this public hearing.
Sincerely,
~IGHT E. BROCK, CLERK
l~\C,,- ." ".. .tf) ~
. eresa Dil1ar~rk .
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.n.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17F
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Walter I. And Edith Perez
291 21st St. NW
Naples, FL 34120
Re: Petition A VESMT -2006-AR-9674
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19,2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT. E~~OC:<, CLE~
~LL\e~cV~
Teresa Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax-(239)775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17E
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Goodwill Industries S W FL, Inc.
4940 Bayline Dr.
North Fort Myers, FL 33917
Re: Petition A VESMT-2006-AR-9674
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
(" rJ LuiG ~LJ) k
\"-~esa Dillard, Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email- collierclerk@clerk.collier.fl.us
.",~-..........-
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMITRAILEAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
'1~;
!
e
c
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Ponce Realty Co.
c/o Southern Management and Development LP
P.O. Box 11229
Knoxville, TN 37939
Re: Petition A VESMT-2006-AR-9674
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19,2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E'fRO.CK, CLERK
~o,'b--l.QScc~ b-C
Teresa Dillard, Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
17E
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
David W. And Carol P. Hill
4928 23rd Court SW
Naples, FL 34116
Re: Petition A VESMT-2006-AR-9674
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~Mcudlk
Teresa Dillard, Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.c1erk.collier.fl.us
Fax-(239)775-2755
Email-collierclerk@c1erk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17E
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 26, 2006
Jean Badue1 and Clarisse Bijoux
4933 24th A V SW
Naples, FL 34116
Re: Petition A VESMT-2006-AR-9674
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E.BROCK, CLERK
~U},(]~ ~c:
Teresa Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax-(239)775-2755
Email-collierclerk@clerk.collier.fl.us
l?[
Teresa L. Dillard
To:
Subject:
legals@naplesnews.com
A VESMT -2006-AR-967 4
Attachments:
AVESMT 2005-AR-9674.doc; AVESMT 2006-AR-9674.doc
Legals,
Please advertise the following on Sunday November 12, 2006 and again on Sunday November 19, 2006. Any questions
please contact me.
Thank you.
~
A VESMT A VESMT
5-AR-9674.doc (27 I ;-AR-9674.doc (26 I
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Di lIard@clerk.collier.fl.us)
1
Teresa L. Dillard
17r
From:
Sent:
To:
Subject:
ClerkPostmaster
Thursday, October 26,20062:46 PM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
A TT1286808. txt; A VESMT -2006-AR-967 4
r::l
~
~I
~
ATT1286808.txt AVESMT-2006-AR-9
(231 B) 674
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Teresa L. Dillard
17[
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Thursday, October 26, 2006 2:47 PM
Teresa L. Dillard
Delivered: AVESMT-2006-AR-9674
Attachments:
AVESMT -2006-AR-967 4
r::-7I.. ".'
U
AVESMT-2006-AR-9
674
<<AVESMT-2006-AR-9674>> Your message
To: legals@naplesnews.com
Subject: AVESMT-2006-AR-9674
Sent: Thu, 26 Oct 2006 14:45:52 -0400
was delivered to the following recipient(s):
legals, NDN on Thu, 26 Oct 2006 14:46:39 -0400
1
A VESMT-2006-AR-9674
Page 1 of 1
1.. "
..'5/ E
Teresa L. Dillard
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Thursday, October 26,20062:57 PM
To: Teresa L. Dillard
Subject: RE: AVESMT-2006-AR-9674
OK
~_~~_~...~,~~__~_m~__'___'~__'_~_"__~~_~"'_"__"'''_~~_-,,,,,,,,,,___~~,_,_,__~,_~__,,~,,__,~_,-.~_,,,_~_,',_wm<<__'_'R_<<..,._.._~~m,~_.._~_,_,~~_w~_~__n"~_'_<<'~~~~_"'n.... .._~m.__~v_.'.
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.f1.us]
Sent: Thursday, October 26, 2006 2:46 PM
To: legals@naplesnews.com
Subject: AVESMT-2006-AR-9674
Legals,
Please advertise the following on Sunday November 12, 2006 and again on Sunday November 19, 2006. Any
questions please contact me.
Thank you.
<<AVESMT 2005-AR-9674.doc>> <<AVESMT 2006-AR-9674.doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. D i Ilard@clerk.collier. fl. us)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
10/26/2006
NAPLES DAILY NEWS
Publisbed Daily
:'\aplcs. FL J~I02
Affidavit of Publication
State of Florida
County of Collier
Before tbe undersigned tbey serve as the authority. personally
appeared Phil Lewis. who on oatb says that they
serve as the Editor of the Naples Daily. a daily newspaper
published at Naples. in Collier County. Florida: distributed
H1 Collier and Lee counties of Florida: that the attached cop~,
of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in tbe issue
on. NO\'ember 19th
2006
..\1tiam lurther savs thai the said "apks J)all\ !\cws IS a newspaper
rllbl"h~d .11 '\apks. In said Collier Countv. F1ortda. and thaI the said
ne"SPape] Ins herefofoc-' heen continuously puhlished ill said Colher
Cmntv. l'lorida~ dlstrihuted in Collier and Lee counties ofFI,)rida.
e:l"h dav and has been entered as "econd class mail malleI' al the post
olfice 1l1.'\aples. in said Collier Counl~.'. Florida. f(x a period of I
year next preceding the lirst publication of the atla"hed copv of
advertisement. and affiant filrther says that he has neither paid nor
pro111is..;;d any r~rsnn. finn or corporation any discount. rcbate.
l'omlllission or refund for the purpose ofse~uring this advertlsetnent for
P',' on in the Said n' paper.
Sworn to and subsctlbed before me
This 19th
Dav of I\'O\cmber. 200G . /"
. /7
~;? <--<<~
(Signature of n(. .... .;rubiiCi-. m._._
f;~i\- 0) M'''f''())''-,~~ ~""'l'
",\~ - :.\1} )}J",.
.d " ',r.....y.rt.:;:
.#J
~
~
8118 __
_hili..
AVESMT..2OCJ&.AA.M74
NOTICE OF
PUBLIC HEARING
Notice Is hereby given
that the Board of county
Commissioners of Col.
lier County will hold a
p.ubllc heanng on Tues.
Clay, November 28. 2006
In the. Boardroom, 3,rd
Floor, Administration
BuUding, Collier County
G lvernment Center,
3:.01 East Tamlami Trail,
Naples, Florida. T
.m'-l'ltJ. .W!!I..
9:00 A.M. The tltllI
pro-PQsed Resol
as .filllows:
A RESOLUTION OF THE
BOARD OF COUNTY
COMM1SSIONERSOfl
COLLIER COUNTY
F40RID~1 RELATIG(fd
PiTlTION AVES .
A"."74, DISC ,
RENOUNCING A.
CATING TKI C
AND THE PUlL
.TEREST IN THE
WIDE STRIP OF
ROAD RIGHT-
~MMEDIATELY -
CENT TO BLOCK 1.+5,
GOLDEN GATE U",IT4-
AS RECORDED IN PLAT
BOOI( 5, !tAGE .1007 "i.T..'
SEO" OF THE PU8tJC . ..
CORDS COLLIER .CO
n; FLORIDA. AND. At
FURTHER DESCRI.EDIN
EXHIBIT ,A..
III
spokespersonfot.ll
grollp or. Ol'OlYl.. illatlGll
may be allOttMl 10 mlI1.
KW.~~PQk 011 an.
P.r. hlngto
l1twe .rUhlc
Iellaihi
e ,,::rd.
a 01'3
weeks .prlor o. the reo
speetlvepubllc hearing,
~. .. ..case,writtenma..-
t .. ."na.d nr1:te
~all' b~s~~rmrt:a~
tile approRrlate COUllty
staff a mh'llmum of sev-
en days prior to the
PU.lbl~ he..-Ing. All ma-
tedal usee.ln prel,"ta..-
tlons ,bet're tlW.o.,-d
will become a perma-
nent part of the record. '
Any person who decId-
es to Vlleal a decision,
of the Board wlllneed a
record of the proceed.
Ings pertlllnlrig thereto
and therefore. may
need. to ensure that a
verbatim record of. the
pro<:eedlngs Is made,
whlch record includes
the testimony and eYI.
:::,,~~:,:,hICh t~
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY,
FLORIOA
FRANK HA\..AS. CHAIR-
MAN .,
DWIGHT E. BROCK,
CLERK
B: Teresa Dillard, Oep-
u Clerk
...."...
,;t+tl/
tW..1-
I(
\-
17E
RESOLUTION NO. 06- 309
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION AVROW-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 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 adop ed after motion, second and majority vote favoring
same, this a 8 a day of . coVe)'}1 her , 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form and legal
sufficien
By: ~2~-/
FRANK HAL~3~~t~Mt~: 4146 PG: 3301
RBCORDBD 1n OFFICIAL RBCORDS of COLLIBR COUNTY, FL
11130/2005 at 03:47PM DWIGHT E, BROCK, CLERK
RBC PEE 27,00
COPIBS 3.00
By:
Jeff E. i t
Assistant oilier County Attorney
Retn:
CLERK TO THE BOARD
INTBROFFICE 4TH FLOOR
EXT 7240
r:u'" L1-~_
'.
... L< Ul~1}P
Ij
~, I " (D~ ~
, ., -'-- ,
s
----- -----
LUCERNE ROAD ~ ~
(VACA TED PORTlON~ ~
./ ~
./
--
--
/'"
~
N
o
BLOCK 116
SCALE: 1" "'" 117'
LUCERNE ROAD
(PORTION TO BE VACATED)
(0.66 ACRES :t)
LINE TABLE
Lll1C. ~ B.EAB1I::l.G
L1 46.00 S 34'40'48" E
.klJIDt
Cl
C2
C3
C4
C5
CURItf: TABLE
~ Mjs;.
898.17 44.53
1064.74 611.65
1018.74 587.92
25.00 36.85
25.00 38.47
!J:lfJBD
44.53
603.27
579.79
33.61
34.78
w..IA
2"50'27"
32"54'51-
33"OJ'56"
84"27'49-
88'09'54 "
CHORD BEARING
5 64'20'19" E
N 38'51'46" E
N 38'47'14" E
N 19"58'39" W
N 21'40'36" W
-----I
--
-------
GOLDEN GA TE UNIT 4
(P.B. 5, PGS. 107-116)
BLOCK 115
P,O.B.
SOUTHWESTERL Y
CORNER
BLOCK 115
~ C'O~ ./ NORTHEASTE:RL Y R.O. W. LINE
'-. O'k Y
'-. ......... 'Ala
~ ~~~
Af;...
" "
./
/
./
/
GENERAL NOTE:S'
./ ~
~~~~
./ ~~ ./
J. P.O.B... POINT OF BEGINNING. / c,o\,,<:J ./
4. R.O.W. = RIGHT-OF-WAY. /
5. BEARINGS ARE BASED ON THE PLA T OF GOLDEN GA TE:
UNIT 4, AS RECORDED IN PLAT BOOK 5, PAGES 107-116,
COLLIER COUNTY. FLORIDA.
,. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
2. CURItf: DIMENSIONS ARE AS FOLLOWS:
6 "" DEL TA ANGLE, R .. RADIUS, A .. ARC DISTANCE,
CH .. CHORD DISTANCE AND CHB "" CHORD BEARING
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: CLIENT: B. S. 5. W. ARCHITECTS
Tl1l.E: 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
RAWN BY: JAN PROJ. NO.: 05-0165
HECJ<ED BY:-.JiW!:i SHEET NO.: 1 OF 2
ACAO NO: 9346-5D FILE NO: 9346
.. REFERENCE ABB PROJECT 18308 ..
..
..
II UNDAGE~
rro,_1oDaI ...,mo.... p_... II IaDd ........"'"
c:..aw c...,. .... ... ,.... ,...... 1'N8.. ..., ........ ra. .....I...5:IU1
*' ~ .. ....1. ._ ~ ..... ,........" _I..... __'11
c.tMIIate ., .......... .... sa 11M .. . ... ... N. ..
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LEGAL DESCRIPTION
ALL THAT PART OF LUCERNE. RCMD. GOLDeN GATE UNIT 4, AS SHOWN ON THE PUo T THEREOF
AND AS RECORDED IN PLAT BOOK 5. PAGE 1~. PUBLIC RECORDS OF COI.LIER COUNTY.
FLORIDA. BEING MORE PAR TfCULARL Y DESCRIBED AS FOUOWS:
BEGINNING A T A SOUTHWESTERL Y CORNER OF BLOCK 115 OF THE AFOREMENTIONED PLAT.
SAJD CORNER ALSO LYING ON THE SOUTHEASTERL Y UNE OF LUCERNE ROAD AS SHOWN ON
THE AFOREMENTIONED PLAT AND ALSO LYING ON THE NORTHEASTERL Y UNE OF CORONADO
PARKWAY AS SHOWN ON THE AFOREMENTIONED PUoT AND ALSO LYING ON THE ARC OF A
CURVE CONCAVE SOUTHWESTERL Y AND WHOSE RADIUS BEARS SOUTH 2rcu'55" WEST A
DISTANCE OF 898.17 FEET:
THENCE ALONG THE NORTHWESTERL Y EXTENSION OF SAJD NORTHEASTERL Y LINE AND ALONG
THE ARC OF SAJD CURVE: THROUGH A CENTRAL ANGLE OF 2' 50' 27'" AN ARC DIST,f,NCE OF
44.53 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERL Y AND HAVING A
RADIUS OF 25.00 FEET:
THeNCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
88'09'54' AN ARC DISTANCE OF 38.47 FEET TO THE BEGINNING OF A COMPOUND CURVE
CONCAVE SOUTHEASTERL Y AND AND HAVING A RADIUS OF 1014,74 FEET SAJD CURVE ALSO
BEING 4#1.00 FEET NORTHERL Y FROM AND CONCENTRIC WITH THE NORTffl.ERY UNE OF SAID
TRACT 115;
THENCE NORTHEASTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
32'54'51' AN ARC DISTANCE OF 611.65 FEET;
THENCE LEAVING SAJD CONCENTRIC CURVE SOUTH 34'40'4#1' EAST A DlST,f,NCE OF 46.00 FEET
TO AN INTERSECTlON WITH THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERL Y
AND WHOSE RADIUS BEARS. SOUTH 34'4(]'48" EAST A DISTANCE OF 1011174 FEET SAID ARC
BEING THE NORTHERL Y BOUNDARY OF SAID BLOCK 115;
THeNCE SOUTItWCSTERL Y ALONG SAID NORTHERJ.. Y LINE AND ALONG THE ARC OF SAID
NON- TANGENT CURVE: THROUGH A CENTRAl.. ANGLE OF 33'03'56" AN ARC DISTANCE OF 587.f12
FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE &.sTERL Y AND HAVING A RADIUS
OF 2tS.OO FEET;
THENCE CONTINUING ALONG SAID BOUNDARY SOUTHERL Y ALONG THE ARC OF SAID
COMPOUND CURVE THRouGH A CENTRAL ANGLE OF ""2r4r AN ARC DISTANCE OF 38.65
FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED:
CONTAINING 0.88 ACRES OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
ABSTRACT />JOTRJ.:VIEWED.
AGNOLI. SARQF.ft AND. BRUNDAGE. INC.
r~'~.ANO-
~'GE ... ..~....,... .M. 560fJ
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: CUENT: 8, S. S. W. ARCHllECTS
TITLE: SKETCH AND I n PART OF LUCERNE ROAD
OF THE PLAT OF COLDEN CA TE UNIT 4
(P,B, 5. POS, 107-115 COLUER COUNTY. FLORIDA
"
I UNDAGB_
I'ro'-"'-l ............ .......... .. Iu4 ........,....
~ ..... .... ... ,... .......... ..... -- ....... II. --/"'EEI1I
I.lM c-va ..... .'1. 1- ...., ...... .... ..,.., n _1 NI ....Ul
~'- .. ............. ..... .. ... .. . ... PuI 141 -..
SCALE: N T. S
DRAWN BY: JAN
CHECKED BY:---.GWI:l
ACAO NO: 9346-50
DATE: FEe 17 200a
PROJ. NO.: 05-01B:i
SHEE T NO.:..2....QL.2.
Fit E N()' Q ~.u;
17f
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'*
COLLIER COUNTY FLORIDA
Page 1 of 1
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
17f
To: Clerk to the Board: Please place the following as a:
Normal legal Advertisement
Other: (Display Adv., location, etc.)
*****************************************************************************************************
Originating Dept/ Div: Comm.Dev.Serv./Planning Person: STF-.f'l-IEJ H-; C::... "'...:i ~ Date: II { ,I (){;
Petition No. (If none, give brief description): A. V E:. SMT - WOh- Ae -iq 5 J
. . {2.\ L.. K M e.\2..CE..1Z. / E.L I A ~ ~'"" E. e. S G:::JN\ N\ \J N 1"11 E. s
PetitIOner: (Name & Address): \ 0100 .c.:.oLL I P-.1Z. (?L-..J Q, I N A?LE ~ F L34-1 \ 4
Name & Address of any person(s)z te notified by Clerk's Offic.e: (Ifmore space is needed, attach separate sheet)
M \'::::'l-'- ~ 1"'- L PE-l- AiE.. 6t IZ..A \/1 N\ INatz.. ~ AS soc.. ~"TC.$ ( P, A.
Hearing before BCC ZA _ Other '3;3DD "l t::o. VE:.l... f?J:>.'-( 4
( I t3e>N\ rJll-. "Sj/(2.1r-J4S I Fl 34'~
Requested Hearing date: \ \ '2.$ O(P Based on advertisement appearing 15 days before hearing,
Newspaper(s) to be used: (Complete only if important):
(XXx Naples Daily ~ Other
Legally Required
Propgsej) ~xt:_an~hHl~ l~g~1 d(lsj:xiptiQn &: comgton location & Size):
~t.c p<ne>-ct.(:E..D VOCvk E-,......,Ts (~S6l\...iil01\j ~ ~ ~E:.c. S\.ltv\M.~\Z...l.t\
Does Petition Fee include advertising co~ No If Yes, what account should be charged for advertising costs:
113-138312-649110
Reviewed by:
Division 10Sf;.P\~ Sc::..~ tv'! III
Head L.D,> A VM\ ~ I "5~o~
Approved by:
Date
County
Manager
OlSTRUlUTlQI'If INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copies:
County Manager agenda file: to
Clerk's Office
Requesting Division
Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
*****************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received: ~ Date of Public hearing: Ill~ 10(0 Date Advertised: i lit 2-) ob
file://H:\Engineering Department\Engineering Folders\Stephen Higgins\Surveyor\BCC A... 11/1/2006
17F
EXECUTIVE SUMMARY
Recommendation to approve Petition AVESMT-2006-AR-9951, Townhomes at Raffia
Preserve, disclaiming, renouncing and vacating the County's and the Public's interest in
two existing public right-of-way easements, one being the West 30 feet of the South % of
the Northwest 1/4 of the Northwest 1/4, together with West 30 feet of the North % of the
Southwest 1/4 of the Northwest % of Section 34, Township 48, Range 26; The other being
the East 30 feet of the North % of the South % Northeast % of the Northwest %, together
with the East 30 feet of the South % of the South % of the Northeast % of the Northwest %
and the East 30 feet of the North % of the Southeast 1/4 of the Northwest 1/4 of Section 34,
Township 48, Range 26, Collier County, Florida.
OBJECTIVE:
To adopt a Resolution to vacate two existing public right-of-way easements, one being the West
30 feet of the South % of the Northwest % of the Northwest %, together with West 30 feet of the
North % of the Southwest % of the Northwest % of Section 34, Township 48, Range 26; The
other being the East 30 feet of the North % of the South % Northeast % of the Northwest %,
together with the East 30 feet of the South % of the South % of the Northeast % of the
Northwest % and the East 30 feet of the North % of the Southeast % of the Northwest % of
Section 34, Township 48, Range 26, Collier County, Florida.
CONSIDERATIONS:
Petition AVESMT-2006-AR-9951, Townhomes at Raffia Preserve has been received by the
Engineering Services Department from Michael Delate of a. Grady Minor & Associates, P.A., as
agent for the petitioner, Elias Brothers Communities, Rick Mercer.
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.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts.
17F
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-9951, Townhomes at Raffia
Preserve, vacate two existing public right-of-way easements, one being the West 30 feet
of the South % of the Northwest % of the Northwest %, together with West 30 feet of the
North % of the Southwest % of the Northwest % of Section 34, Township 48, Range 26;
The other being the East 30 feet of the North % of the South % Northeast % of the
Northwest %, together with the East 30 feet of the South % of the South % of the
Northeast % of the Northwest % and the East 30 feet of the North % of the Southeast %
of the Northwest % of Section 34, Township 48, Range 26, 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
l?r
RESOLUTION NO. 06-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING
TO PETITION AVESMT-2006-AR-9951, DISCLAIMING,
RENOUNCING AND VACATING THE COUNTY'S AND THE
PUBLIC'S INTEREST IN TWO EXISTING PUBLIC RIGHT-OF-
WAY EASEMENTS, ONE BEING THE WEST 30 FEET OF THE
SOUTH % OF THE NORTHWEST % OF THE NORTHWEST %
(EXHIBIT 'A'), TOGETHER WITH THE WEST 30 FEET OF THE
NORTH % OF THE SOUTHWEST Y4 OF THE NORTHWEST % OF
SECTION 34, TOWNSHIP 48, RANGE 26 (EXHIBIT 'B'); THE
OTHER BEING THE EAST 30 FEET OF THE NORTH Y2 OF THE
SOUTH % OF THE NORTHEAST % OF THE NORTHWEST %
(EXHIBIT 'C'), TOGETHER WITH THE EAST 30 FEET OF THE
SOUTH % OF THE SOUTH Y2 OF THE NORTHEAST % OF THE
NORTHWEST % (EXHIBIT 'D') AND THE EAST 30 FEET OF THE
NORTH % OF THE SOUTHEAST % OF THE NORTHWEST Y4
(EXHIBIT 'E'), OF SECTION 34, TOWNSHIP 48, RANGE 26,
COLLIER COUNTY, FLORIDA.
WHEREAS, pursuant to Section 336.09 and 336.10, Florida Statutes,
Petitioner, Elias Brothers Communities, has requested the vacation of two
existing public right-of-way easements, one being the West 30 feet of the South
Y2 of the Northwest % of the Northwest 1.4 (Exhibit 'A'), together with the West 30
feet of the of North Y2 of the Southwest 1.4 of the Northwest 1.4 of Section 34,
Township 48, Range 26 (Exhibit 'B'); the other being the East 30 feet of the
North Y2 of the South Y2 of the Northeast % of the Northwest % (Exhibit 'C')
together with the East 30 feet of the South Y2 of the South Y2 of the Northeast 1.4
of the Northwest 1.4 (Exhibit '0') and the East 30 feet of the North Y2 of the
Southeast 1.4 of the Northwest % (Exhibit 'E') of Section 34, Township 48, Range
26, Collier County, Florida; and
WHEREAS, the Board has this day held a public hearing to consider
Petitioner's 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; and
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 easements as specifically described in the attached Exhibits
'A' through 'E' 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, CHAI RMAN
Approved as to form and legal
sufficie '
Assistant Collier County Attorney
By:
JettE.
June 5, 2006
Raffia Preserve
Extinguishment of 2 Public Dedicated Easements
List of names of Abutting Property Owners and their Folio numbers
Name
Address
Folios 00203360000, 00203400009
Elias Brothers (our client)
Folios 00204640004, 00204080004, 75115300523
Waterways Joint Venture 914 Grand Rapids Blvd, Naples, FL 34120
Folios 00203800007, 00204360009
Wolf Creek Estates 3875 Airport Pulling Road N, #B-l, Naples, FL 34105
Folio 51960000160
Indigo Lakes Master Association
14875 Indigo Lakes Circle, Naples, FL 34119
F :VOB\E-F\EI ias Bros\Palermo Covel V acationlListAbuttingOwners-6-5-06.doc
17F
17 F~
November 3, 2006
Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: AVESMT-2006-AR-9951
Dear Legals:
Please advertise the above referenced notice on Sunday, November 12,2006. Also,
kindly send the Affidavits of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
P.O.!Account # 113-138312-649110
NOTICE OF PUBLIC HEARING
17r
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, November 28,
2006 in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M. The title of the
proposed Resolution is as follows:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, RELATING TO PETITION AVESMT-2006-AR-9951,
DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S
INTEREST IN TWO EXISTING PUBLIC RIGHT-OF-WAY EASEMENTS, ONE BEING
THE WEST 30 FEET OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 (EXHIBIT 'A'), TOGETHER WITH THE WEST 30 FEET OF THE
NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34,
TOWNSHIP 48, RANGE 26 (EXHIBIT 'B'); THE OTHER BEING THE EAST 30
FEET OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 (EXHIBIT 'C'), TOGETHER WITH THE EAST 30 FEET OF THE
SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST
1/4 (EXHIBIT 'D') AND THE EAST 30 FEET OF THE NORTH 1/2 OF THE
SOUTHEAST 1/4 OF THE NORTHWEST 1/4 (EXHIBIT 'E'), OF SECTION 34,
TOWNSHIP 48, RANGE 26, COLLIER COUNTY, FLORIDA.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
17r
t
By: Teresa Dillard, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17F
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
Indigo Lakes Master Association
14875 Indigo Lakes Circle
Naples, FL 34119
Re: Petition A VESMT -2006-AR-9951
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28,2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. F-C!CK, CLERK
~1"0\0 ~tutO(
\~ Dillard, Deputy Clerk
Enclosure
Phone-(239) 732-2646 Fax-(239)775-2755
Website- www.clerk.collier.fl.us Email-collierclerk@clerk.collier.fl.us
"-'-'-~ 1'l '-<_~~"''''_~"'"~_''''__,'_'"'w..__., '"__~"O""_'.,__..,.~_",~,_~
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17F
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
Wolf Creek Estates
3875 Airport Pulling Road N., #B-1
Naples, FL 34105
Re: Petition A VESMT-2006-AR-9951
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
o5llJv~", ~~ ~C
Teresa Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email- collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAn.., EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17F
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
Waterways Joint Venture
914 Grand Rapids Blvd.
Naples, FL 34120
Re: Petition A VESMT -2006-AR-9951
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~CA-~'bc
Teresa Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.ft.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.ft.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17.F
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
Michael Delate
Grady Minor & Associates, P .A.
3800 Via Del Ray
Bonita Springs, FL 34134
Re: Petition A VESMT -2006-AR-9951
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E):OC. K, CLE. RK..
~ <; ()1'1~ /\
I' W~ -LUdl Lc-l/6C
, ' eresa Dillard, Deputy Clerk
Enclosure
Phone- (239) 732-2646
Web site- www.clerk.collier.fl.us
Fax-(239)775-2755
Email-collierclerk@clerk.collier.fl.us
"<~."<'---------""""-~'_."'-"'
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17L~
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
Rick Mercer
Elias Brothers Communities
15100 Collier Blvd.
Naples, FL 34119
Re: Petition A VESMT-2006-AR-9951
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006.
You are invited to attend this public hearing.
Sincerely,
~IGHT. E(lROCK,CLERK .
, ~ ~~,~(J}~(
'-' eresa Dillard, Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Teresa L. Dillard
17F
To:
Subject:
legals@naplesnews.com
A VESMT -2006-AR-9951
Attachments:
AVESMT-2006-AR-9951.doc; AVESMT 2006-AR-9951.doc
Leglas,
Please advertise the following on Sunday November 12, 2006. Any questions, please contact me.
Thank you
AVESMT-2006-AR-9 AVESMT
951.doc (27 KB... 5-AR-9951.doc (27 I
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(T eresa. Dillard@clerk.collier.fl.us)
1
Teresa L. Dillard
17F
From:
Sent:
To:
Subject:
Clerk Postmaster
Monday, November 06, 2006 9:03 AM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
ATT2887918.txt; AVESMT-2006-AR-9951
1~'1
~
F::~.~ ~:'l
L:..J
ATT2887918.txt AVESMT-2006-AR-9
(231 B) 951
This
is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
17F
Teresa L. Dillard
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Monday, November 06, 2006 9:03 AM
Teresa L. Dillard
Delivered: AVESMT-2006-AR-9951
Attachments:
A VESMT -2006-AR-9951
f::--..']
L:-J
AVESMT-2006-AR-9
951
<<AVESMT-2006-AR-9951>> Your message
To: legals@naplesnews.com
Subject: AVESMT-2006-AR-9951
Sent: Mon, 6 Nov 2006 09:02:43 -0500
was delivered to the following recipient(s):
legals, NON on Mon, 6 Nov 2006 09:02:58 -0500
1
A VESMT -2006-AR-9951
Teresa L. Dillard
Page 1 of 1
17F
From:
Sent:
To:
Perrell, Pam [paperrell@naplesnews.com]
Monday, November 06, 2006 9:11 AM
Teresa L. Dillard
Subject: RE: AVESMT-2006-AR-9951
OK
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.fl.us]
Sent: Monday, November 06, 2006 9:03 AM
To: legals@naplesnews.com
Subject: AVESMT-2006-AR-9951
Legal's,
Please advertise the following on Sunday November 12, 2006. Any questions, please contact me.
Thank you
<<AVESMT-2006-AR-9951.doc>> <<AVESMT 2006-AR-9951.doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dillard@clerk.collier. fl. us)
1116/2006
NAPLES DAILY "IEWS
Published Daily
Naples. FL :q 102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority. personally
appeared phil Lewis. who on oath says that he
senes as the Editor of the Naples Daily. a daily newspaper
published at Naples. in Collier County. Florida: distributed
in Collier and Lee counties of Florida: that the attached copy
of the advertising. being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published III said newspaper
on November 12. 200()
time in the issue
.\Jliant tllrther says that the said :\apk, Dail; :--;ews is a newspaper
['ubl"ll,'d at :\apks. 1t1 said Collier Count\. F1oflda. and that the said
l1e\\spap,.; has herdolilre heen continuously puhlished in said Collia
COll11t\. j.I'.lrida. Jistributed 111 CO\lIC!" and Lee counties (lITlnrida.
('';lch J.av and has h'::l..'11 ~ntl:r,"'d as ~:.;~\ ~nd dass mail matkr at the post
,;tll(~ in ~~ap1cs_ in ~"ud (")lIi,,,'r C~'Lmly. Florida, f()T a perilK! of I
\ear next precedltlg the fihl puh: ,cation oftlle attached copy "f
adyeltlsem,nt'. and amant :urther says that he has neither paid nor
prulllised any person. jim) or ,'o11'01'ation any discount. rehate.
,'onunisslon or refund for the purp,,,e of seeuflng this advertisement for
puhhLation in the said nl.?\vsp' er.
S\\orn to and subscribed before me
This 17th day of November 2()()~
.7
_-Lk-~~~_.. L-~!-~____~
(Signarlire ornota public),.
.'\
('f~
;,i
~.~..,......<.t~.,
iii~t
~! ~
1~ Haner EWIRI
.;" ~ ~ ..~' CO~.....~, 00Z1GZfh I!lftB
. . ,.'.'\~\) :;,~ 18, _
.....:..,...)r.',""'.l'o/'~~1Iit.
~~j
.','j;~
'., ~
~j
AVESMT.2006-AR-9951 I
NOTICE OF .
PUBUC ...EAllING
Notice 15 hereby given
th~ theBoatd Qf County
commissioners of Col.
Ue'CQunty will hold a
pUI)ll~hearlng on Tues-
(lay .~mbe, 28, 2006
I" .~lUl. ~ardrbom, 3rd
F.I A<lmlnlstratll)n
",Collier County
II.ment C:;el'lter,
Tamllllrll'Trall;
a ..... Florld,,- The
m." eet.lt\g, W,III b, e, ~, It at
9:00, A~ The title. of the
~~ Reso.lutlOl'lls
A ,ESOLUTION OF THE
SOARI) OF COUNTY
COMMISSIONERS OF
C. COUNT.Y,
LATIN TO
P SMT
4 CI,,41
R AN.
CATING HE COUNTY'S
ANI) THE "UBLlC'S IN- I
'~~~I
N .'CRI '- -
WAY EASEMENTS! ONE
BEING TItE WEST 311 FEET '
OF" TH,E SOUTH 112 OF!
T "E NORTHWEST Of
THE NORTHWEST .<E-
XHIBIT 'A'), TO. ER.
WITH THE WEST !T
OF THE NORTH 112 Of
THE SOUTHWEST 1/4 . OF
THE NORTHWEST ".. OF
SECTION 34,TOW " IP
48, RANGE,26 (EX. .BlT
'S')j THE OTHER BEING
TH!: EAST 30 FEET OF
THE NORTH 112 OF THE
SOUTH 1/2 OF THE
NORTH,EAST1I4 OF THE
NORTHWEST 114 (EXHI-
BIT 'C'), TOGETHER
WITH THE EAST 30 FEET
Of T"'E Sq!JTH1/2 OF
I,H.E SOUTH 1/2 OF THE
~RTH~T 1I4 OF. THE
.....RTMWEST 114 (EXHI-
tl.T'O.') ANO,THE EAST
30 FEE"t OF THE NORTH
1/2 QF THE SOUTHEAST
1/4 OF THE NORTHWEST
1/4 <EXHI,IT 'E')!.. OF
SECT10N 34, TQWNlIHIP
48, RANGE 26, COLLIER
COUNTY, FLORIDA. .
NOTE: All Persons wish-
ing to speak -On any
a, g. end" a ,item. must reg. lis.
f:l;,~,~ the C, oullty Ad-
, tor PrIor to P!'f'
sentatlbn of tile agenda
Item to be addressed.
Individual speakers will
be,lImlted to S minutes.
rorr _ltern.l'he 'elec-I'
i tlon of an individual to
. SPeak on behalf of an
organization. or group Is
encouraged. If recog-
nized by the Chair. a
spokesperson for a
group or organization
may be allotted 10 min-
utes to speak on ari
Item.
17F
Persons, wishing to i
have written or graphic'
materlllls Incluiled In
tile a~fd agenda P4ck-
ets must submit said
IT1llterJala minimum of 3
weekllprlor to the re-
~e public hearing.
tn 'any case, written ~.
terli'lI. . Intended .toJ)e
considered by the BQtrd
. shall ,be submitted to
the apprQPl'late .county
staff a minimum of sev-
en days p,rior to the
public hearing. All ma-
terial used In presenta-
tionS before the Board
will become a perrna-
nent part of tile record.
Any person who deCid.
es to llPpeal a. declslQ\l
of the Board :wilt need' a
record of the proceed.
Ings pertalolng thereto
and therefore.. may
need to ensure that a
verbatIm record of the
proceedings Is made.
which record Includes'
iiw~~
~fI1)'O'fe01JNTY
C"'~UNTY,
F HALAS, C.KAIR,
'. .' i
O~HTE. BROCK,I
gy: .teresa OItlard. DePo\
uty Clerk
(SEAL) .
NbV.12_ . 'No. 1471540 I
COLLIER COUNTY FLORIDA
Page 1 of 1
17G
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
Normal legal Advertisement
Other: (Display Adv., location, etc.)
*****************************************************************************************************
Originating Dept/ Div: Comm.Dev.Serv./Planning Person: _:..;-n::..0-\ f.:J H i ~01",...( S Date: /1;,1 ()(,p
Petition No. (If none, give brief description): A.\} P LA! - Zoo t.., - A e. -q 8 \0
Petitioner: (Name & Address): Af;.. W4TEe..N\~<Z..I(...( L..L '-
17.01 ~Ox. 1\' q SCl , Nt\?LE. S i Fl. 3416'4-
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
-eo'OE:.f2..i 1.-. Ou~t-.l.'E.../ A:l..L. p. \~oLE... N\o,..h'cS,IN.C
Hearing before BCC )(., BZA Other q 60 C-,..{ G.d iZ-E... \N l>.1 I N (.). P L f:. S f L
34-\ I 0
Requested Hearing date: II Jut oC? Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
~ Naples Daily New0 Other
Legally Required
PrQjlQsed Text; (htd\!~~gal d~s~ripJiorl& ~()mmQIl JQC:DtJQQ&Siz(l):
"':Jf.: e.. A lTj).,c H+--O \2.E:-~.:l LJil tl t-J
Does Petition Fee include advertising co~ No If Yes, what account should be charged for advertising costs:
113-138312-649110
Reviewed by:
/'C'
Division Jt>7e:f?r\.o:;c ~ f'J\ IT!
Head L.VS.Al7 N\t~ '7T (2..ATolZ,
Approved by:
Date
County
Manager
DlSTRIBUTIQN INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copies:
County Manager agenda file: to
Clerk's Office
Requesting Division
Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
*****************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Receivod: I r 13/o~ Date of Publ;, bewing: ~Date Advertised: ~ r::f-p
file://H:\Engineering Department\Engineering Folders\Stephen Higgins\Surveyor\BCC A... 11/112006
17F
November 30, 2006
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Adoption of Resolution No. 2006-310
Petition A VESMT -2006-AR-9951
Dear Legals:
Please advertise the above referenced notice of adoption on Tuesday,
December 5, 2006, and kindly send the Affidavit of Publication, in duplicate,
together with charges involved to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
P.O. 113-138312-649110
J?F
NOTICE OF ADOPTION
Notice is hereby given that on the 28th day of November, 2006, the
Board of County Commissioners of Collier County, Florida, Adopted
Resolution No. 2006-310, RE: Petition A VESMT -2006-AR-9951,
pursuant to Sections 336.09 and 336.10, Florida Statutes, disclaiming,
renouncing and vacating the County's and the Public's interest in two
existing public right-of-way easements, one being the West 30 feet of the
South 1/2 of the Northwest 1/4 of the Northwest 1/4 (Exhibit 'A'), together
with the West 30 feet of the North 1/2 of the Southwest 1/4 of the
Northwest 1/4 of Section 34, Township 48, Range 26 (Exhibit 'B'); the
other being the East 30 feet of the North 1/2 of the South Y2 of the
Northeast 1/4 of the Noethwest 1/4 (Exhibit 'C'), together with the East 30
feet of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Northwest
1/4 (Exhibit 'D'), and the East 30 feet of the North 1/2 of the Southeast 1/4
of the Northwest 1/4 (Exhibit 'E'), of Section 34, Township 48, Range 26,
Collier County, Florida.
Resolution No. 2006-310 may be viewed in the Office of the Clerk to the
Board, Minutes & Records Department, 4th Floor, Administration
Building, Collier County Government Center, 3301 East Tamiami Trail,
Naples, Florida.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
BY: Teresa Dillard, Deputy Clerk
(SEAL)
l~
Teresa L. Dillard
To:
Subject:
legals@naplesnews.com
Notice of Adoption-Resolution 06-310
Attachments:
Notice of Adoption Reso 06-310.doc; Notice of Adoption Reso 06-310(1).doc
Legals,
Please advertise the following on Tuesday, December 5, 2006. Any questions, please contact me.
Thank you
Notice of Adoption Notice of Adoption
Reso 06-310... Reso 06-310...
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Di Ilard@clerk.collier.fl.us)
11F
Teresa L. Dillard
From:
Sent:
To:
Subject:
Clerk Postmaster
Thursday, November 30, 2006 10:55 AM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
A TT2370668. txt; Notice of Adoption-Resolution 06-310
r::........."l
li:.J
~71..'
L.:::-J
ATT2370668.txt
(231 B)
Notice of
doption-Resolution .
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
17F
Teresa L. Dillard
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Thursday, November 30, 2006 10:55 AM
Teresa L. Dillard
Delivered: Notice of Adoption-Resolution 06-310
Attachments:
Notice of Adoption-Resolution 06-310
f'....~-7J..
L:fJ
Notice of
doption-Resolution .
<<Notice of Adoption-Resolution 06-310>> Your message
To: legals@naplesnews.com
Subject: Notice of Adoption-Resolution 06-310
Sent: Thu, 30 Nov 2006 10:54:46 -0500
was delivered to the following recipient(s):
legals, NDN on Thu, 30 Nov 2006 10:55:17 -0500
1
Notice of Adoption-Resolution 06-310
Page 1 of 1
17}=-
Teresa L. Dillard
'^~~"~~~~~~~~~~-~~'~-""-~~~--~~"'~~~"'~~'---^-~~'---~-~~-'~~~'-'-~~~~._-y~~-~.~
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Thursday, November 30, 2006 11 :14 AM
To: Teresa L. Dillard
Subject: RE: Notice of Adoption-Resolution 06-310
OK
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collierJl.us]
Sent: Thursday, November 30,2006 10:55 AM
To: legals@naplesnews.com
Subject: Notice of Adoption-Resolution 06-310
Legals,
Please advertise the following on Tuesday, December 5,2006. Any questions, please contact me.
Thank you
<<Notice of Adoption Reso 06-310 .doc>> <<Notice of Adoption Reso 06-31 O( 1 ).doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dill ard@Clerk.collier. fl. us)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
11/30/2006
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NAPLES DAILY NEWS
Published Dai1\
\Japles. FL 1-l1 02
Affidavit of Publication
State of Florida
County of Collier
17F
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AVESMT.20Q6.AR-!lIl1li
NOTICE OF
PUBUCHEARING
Notice Is hereby given
i that the IkNd of COunty
Commlssllilcliler. pf Col.
lIer County WlII,holda
public hear/rlll on Tues'
day, .Nol/em"r 28. 2006
In th... I3pardroom. 3rd
Floor, Administration'
13\1l1dlng. COlller,-COun.y'l!
GovernmentCellUr,
3301 East Temlalril Trall.
Naples, Florida. The
meeting will begin at
9:00 A.M. ltIe title 'of the
proposed _olutlon Is
as fotloWl: . ,
A RESOLUTION OF 'THE
SOARD OF ,COUNTY
COMMIS\IONERS OF
COLLIE COUNTY,
FLORIDA.. . fLA TING TO
PETITION AVESMT.2006.
AR'$9UI, C1SCLAIMING,
RENOUNCING ANt) VA.
CATIN~ ntfCQUNTY'S
1*1i\ttonB4~f~0~
[. .LONG PORTION OF A 65-
FOOT WIDE DRAINAGE
I!ASEMENT LOCATED IN
THE WEST ONE.HALF OF
'JftWJtr~lo2U~:
TOWNSHIP 51 SOUTH,
RANGE 2& EAST, COLLIER
COUNT'!, . FLORIDA. AND
""FURrHER DESCRIBED
IN!XHIBIT~A".
NOTE: All Persont,.W\fIl.
Inl to speak Oll any
~:i~:
r to pre-.
, . ......
I d tOb" acld",u.e. d.
n . ~kers' will
b4! to S, mlnlAtes
on . Item. Tht selec-
tion of An Indlvldua\ to'
=~o:.~al:r()~p~
encouraged'.. If ,recqg.
nlzed by the Chair, a
spoknp.etson fot a
group 01' ...nlzaflon
m" De all 10m/n'
= tpspeak on an
Persons wlsh.lnll.to
have written or III'liDhJc:
I\'laterlalslneui:led In
me Board ~a paek.
et.s.. mul!t submit S.ld
l1l...".aI urn OJ' 3
we. . there.
hearing. .
n ma-
d td be
e; . bY the Soard.
s a e lulmltted to
the appropriate County
staff a minimum of sev.
en days prior to the-
r::~~~c hearl!IQ. All mil..
'1I5l!d.111l "'{.....,ll...'
t!ons lIefor. tlMl.80ard
Will. becom'a perma-
nent Part ofh.reCord.
Any person whodeeld.
e I n
,..
, .
" .' InJn.~er.to
a . refo.te, mllY
e:b~ti.er~~~ 'mill.,: i
proceedings Is mad..
whle . record Includes
ony and evl. I
n. wble\'l. the
ap d.
IJOAftD O'F COUNTY
~MMI$$jONERS ..
C.IOLLI!R COUNTY,
FLORIDA
FRANK HALAS, CHAIR-
MAN
DWIGHT E. BROCK.
CLERK
B~: Teresa Dillard, l)ep-
u Clerk
(SL)
Nov. 12 No.l~75
Before the undersigned they serve as the authority. personally
appeared Phil Lewis, who on oath says that he
serves as the Editor of the Naples Daily, a daily newspaper
published at Naples. in Collier County, Florida: distributed
in Collier and Lee counties of Florida: that the attached copy
of the advertising. being a
PUBLIC NO_TLCE
in the matter of PUBLIC NOTICE
time in the issue
was published in said newspaper
on November 12. 2006
Afliant turther says that the said "aples Daily News is a newspaper
published al :\aples, in said Collier County. Florida, and that the said
n~wspapcr has herctof,)re been continuously published in said Collier
Countv, F1'1rida~ distributed in Collier and Lee counties of Florida,
each day and has been ~ntered as s~eond cIass mail matter at the post
otl;~e in :\apks lJ1 said Collier Countv. Florida, for a peri'ld of ]
.' car nex1 preceding the iirst publication ofthe attaeh~d COPy of
ad\ertisem~nt; and afliant further says that he has neither paid nor
promised any person. firm or corporation any discount. rebate,
commission or refund lor the purpose of securing this advertisement for
J'uhli" on 111 the said newsp
Sworn to and subscribed before me
TIns 17th day of November. 2(/
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RESOLUTION NO. 06-310
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING
TO PETITION AVESMT-2006-AR-9951, DISCLAIMING,
RENOUNCING AND VACATING THE COUNTY'S AND THE
PUBLIC'S INTEREST IN TWO EXISTING PUBLIC RIGHT-OF-
WAY EASEMENTS, ONE BEING THE WEST 30 FEET OF THE
SOUTH Y2 OF THE NORTHWEST Y4 OF THE NORTHWEST Y4
(EXHIBIT 'A'), TOGETHER WITH THE WEST 30 FEET OF THE
NORTH Y2 OF THE SOUTHWEST Y4 OF THE NORTHWEST Y4 OF
SECTION 34, TOWNSHIP 48, RANGE 26 (EXHIBIT 'B'); THE
OTHER BEING THE EAST 30 FEET OF THE NORTH Y2 OF THE
SOUTH Y2 OF THE NORTHEAST Y4 OF THE NORTHWEST Y4
(EXHIBIT 'C'), TOGETHER WITH THE EAST 30 FEET OF THE
SOUTH Y2 OF THE SOUTH Y2 OF THE NORTHEAST Y4 OF THE
NORTHWEST Y4 (EXHIBIT 'D') AND THE EAST 30 FEET OF THE
NORTH Y2 OF THE SOUTHEAST Y4 OF THE NORTHWEST Y4
(EXHIBIT 'E'), OF SECTION 34, TOWNSHIP 48, RANGE 26,
COLLIER COUNTY, FLORIDA.
WHEREAS, pursuant to Section 336.09 and 336.10, Florida Statutes,
Petitioner, Elias Brothers Communities, has requested the vacation of two
existing public right-of-way easements, one being the West 30 feet of the South
Y2 of the Northwest 1A of the Northwest 1A (Exhibit 'A'), together with the West 30
feet of the of North Y2 of the Southwest 1A of the Northwest 1A of Section 34,
Township 48, Range 26 (Exhibit 'B'); the other being the East 30 feet of the
North Y2 of the South Y2 of the Northeast 1A of the Northwest 1A (Exhibit 'C')
together with the East 30 feet of the South Y2 of the South Y2 of the Northeast 1A
of the Northwest 1A (Exhibit 'D') and the East 30 feet of the North Y2 of the
Southeast 1A of the Northwest 1A (Exhibit 'E') of Section 34, Township 48, Range
26, Collier County, Florida; and
WHEREAS, the Board has this day held a public hearing to consider
Petitioner's 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; and
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 easements as specifically described in the attached Exhibits
'A' through 'E' 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.
"'"
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....
This R~~lution adop e9 after motion, second and majority vote favoring
same, .this ~::f8 day of o~ef}1be-t"" , 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNT~~
By: ~ ~~
FRANK HALAS, CHAIRMAN
By:
Jeff E.
Assistant Collier County Attorney
OR: 4159 PG: 051.67 F
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RBCORDBD in OFFICIAL RECORDS of COLLIBR COUR!Y, FL
12/22/2006 at 02:49PM DWIGHT E. BROCK, CLERK
REC FEE
COPIES
10.00
1. 00
NAPLES DAILY I\EWS
Published Dail:>
l\aple~. FL 3-l \02
Retn:
CLERK TO THB BOARD
INTBROPPICB 4TH PLOOR
EXT 7240
17F
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they ser\'e as the authority_ personally
appeared B. Lamb. who on oath says that they ,
sene as the Assistant Corporate Secretary of the Naples Dally_
a daily newspaper published at Naples. in Collier County.
Florid;!: distributed in Collier and Lee counties of Florida; that
the attached cOP: of the :ld\'(~rlising_ being a
in the matter of PUBLIC NOTICE
NOTIClOF ADomON
Notice. is her. WbY . Iven that. on the 28t~~:Ye~
NOvember 200ll.tI1e cO!. C4lm;
li!rs of ~r Co . lorIda. Rt!$olutlon
No. 2006-307,.RE:~tltIQn A -AR-9916.
pursuant to SectIoI1s 336.1It Florida stat-
utes, disclaiming. renou.nelll9i.'1 ca~lng tile
County's and the PUbliC's Inttlnlllt lI. 4OQ.foot long
portion of a 65'foot wide .dI:aII'\llOe eaJeI'IMII'lt Iocat.
ed In the west one-Ilalfof thelOUthWe.s~~r.f
Section 12..T~ 51 SOUth,. RanoeH . Col.
~~lt~~~FlorIda; and u further \2HC' In E..
Resolu~n No, 2OCI&o307 I1l&Y be vleweq In the Of-
fice oUlle Clerk tcHhe Board, Minutes & Records
,I)ep, ~.. 4th Floor, Admlnistratloh lJUlIdl[lll, Col-
er C~ Goverrtlnent Center, 3301 East l'Iiinlaml
Trail, NlipIes. Florida. .
BOARD Of COUNTY COMMISSIONERS .
COLLIER <XlUN~1 ftORIDA
FRANK HAW. CHAIRMAN
DWIGHT tlROCl<, CLERk
BY: Tere.. ~ D4tputy Clerk
(SEAL)
D~mhAr ~ Nn lp4)l;'
PUBLIC NOIKE
was published in said newspaper I time in the issue
on December. 5th
,\ffiant Illrtber ;;avs that tbe said Kaplcs Daih l\~ws IS a n~wspap~r
publisb~d at "aplc~, in saId Colli~r County, Florida_ and tbat tb~ said
n~w'paper bas b~retot,'r~ been ~ontinU<)llSh publi;;bed In ;;aid Colh~r
Count\'. Florida: di;;tribukd in C oilier and I ,e~ ~ounties of Florida.
each day and has hl.?l,,:1l ~llkr...~J as s~~nnd ..:lass rnaillllath:r at the post
of!ic'c In '\aplcs, in sad Collier Countv. Florida, I"r a penod l)f 1
veal' next preceding tlie lirst publication of the attached copv of
:.dvertisement: and alliant fllrther savs tbat he has neither paid nor
promis~d any person, firnl or corroratlon any discOllnL ~-cbatc.
eommis;;ion or rdund 1,,1' the purpose of ;;eeuring this advert];;ement for
PUblicati~Jh_e s4Parer___
( Signature of affiant)
Sworn to and subscribed before me
This 5"1 of December. 20n6
Ci'D .l \J Ci {'(I <:Do" dLQCZ
(Signature of notary public)
",';,,'ii'.~f;:;';?_ Chanel A McDonald
M"Ji.~'f*~ MY COMMISSION # DD210203 EXPIRES
'-;;'~'s~i June 29, 2007
".'l.',9'f.,\~~'$." BONDED THRU TROY FAIN INSURANCE INC
FEI 5tJ-257X327
COLLIER COUNTY FLORIDA
Page 1 of 1
17G
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
Normal legal Advertisement
Other: (Display Adv., location, etc.)
*****************************************************************************************************
Originating Dept/ Div: Comm.Dev.Serv./Planning Person: _<r::..("~\f:.J H, c;;,.0t"N S Date: II/I loG
Petition No. (If none, give brief description): A \JPLAi-"ZOO';' - A e. ,qt\ 10
Petitioner: (Name & Address): AI:- WitTEfl-"^",,e..o(.t L-L '--
17 o. Box. I \ I QC;'1 / N",?LE. S I FL 34104-
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
€D\7~f2.T \.-. ou...,..lc.., A.-I.,C., p. \-\olE.. Nlo"'\'n:_s, II-lC
Hearing before BCC )( BZA Other '1')0 f.:,..tL6\Z.E. W""'11 "J'-"plf':.5 fL
3+\10
Requested Hearing date: II J-7.:b/ C>0 Based on advertisement appearing 15 days before hearing.
Newspaper(s)to be used: (Complete only if important):
~ ""'
CXXX Naples Daily New0 Other
Legally Required
Prol!o~ed Text: (Inclllde Ieg;tJ.J!.escri(!.tion & comown location & Size):
':lee.. AlT"'C:I--I-f--O \2.E.SclJl10tJ
.--'-,
Does Petition Fee include advertising coeY No If Yes, what account should be charged for advertising costs:
113-138312-649110
Reviewed by:
~
Division J<>>efr\ <;;;'" ~ tJ\ ,1\
Head L.VS> p,17N11t--l17TlZ-ATo.-z.,.
Approved by:
Date
County
Manager
()ISTRIBUrIQN INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval
before submitting to County Manager, Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copies:
County Manager agenda file: to
Clerk's Office
Requesting Division
Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
*****************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received: ~ Date of Public hearing: \ \ \~ ~Date Advertised: ~ oCp
file://H:\Engineering Department\Engineering Folders\Stephen Higgins\Surveyor\BCC A.., 11/1/2006
176
RESOLUTION NO. 06.._
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION
AVPLAT..2006-AR..9810, DISCLAIMING, RENOUNCING AND
VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN
THE TEN FOOT WIDE DRAINAGE EASEMENT ENCUMBERING
THE EAST fIVE.FEET OF LOT 12 AND THE WEST FIVE..fEET Of
LOT 11, STORTER SUBDIVISION, AS RECORDED IN PLAT BOOK
5, PAGE 106, Of THE PUBLIC RECORDS OF COlliER COUNTY,
FLORIDA, AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT
"A", AND ACCEPTING A REPLACEMENT DRAINAGE EASEMENT,
AS MORE SPECIFICALLY DEPICTED AND DESCRIBED IN
EXHIBIT ICB", IN PLACE OF THE VACATED EASEMENT.
WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioner, AE
Watermark, LLC, has requested the vacation of a ten foot wide drainage easement
encumbering the East five-feet of Lot 12 and the West five-feet of Lot 11, Storter
Subdivision, as recorded!n Plat Book 5, Page 106 of the Public Records of Collier
County, Florida, and more specifically described in Exhibit "A",
WHEREAS, in conjunction with, and as part of Petitioner's request, Petitioner
has offered for dedication an alternate ten foot wide drainage easement as a
repl.acement easement, as depicted and described in Exhibit "S", in place of the
vacated easement; and
WHEREAS, the Soard has this day held a public hearing to consider the
aforementioned request, and noUce 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; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in the
drainage easement 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.
BElT FURTHER RESOLVED AND ORDERED that the County hereby accepts
the dedication of the replacement easement described and depicted in Exhibit 'B'; and
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
sufficie
By:
Jeff E. ri t
Assistan oilier County Attorney
176
EXECUTIVE SUMMARY
Recommendation to approve Petition A VPLA T -2006-AR-981 0, 1487 Bembury Drive,
disclaiming, renouncing and vacating the County's and the Public's interest in the Ten-
Foot wide drainage easement encumbering the East Five-feet of Lot 12 and the West
Five-feet of Lot 11, Storter Subdivision, as recorded in Plat Book 5, Page 106, of the
Public record of Collier County, Florida, and mor specifically described in Exhibit "A"
and to accept a replacement drainage easement, as depicted and described in Exhibit
"B" in place of the vacated easement.
OBJECTIVE:
To adopt a Resolution to vacate the Ten Foot wide drainage easement encumbering the East
Five-feet of Lot 12 and the West Five-feet of Lot 11, Storter Subdivision, as recorded in Plat
Book 5, Page 106, of the Public record of Collier County, Florida, and more specifically
described in Exhibit "A" and to accept a replacement drainage easement in place of the vacated
drainage easement as described in Exhibit "B"
CONSIDERATIONS:
Petition AVPLAT-2006-AR-9810, 1437 Bembury Drive, has been received by the Engineering
Services Department from Robert L. Duane, AI.C.P. of Hole Montes, Inc., as agent for the
petitioner, AE Watermark, LLC, Edward Hirsch, Managing Member, requesting a vacation of the
referenced five-foot wide drainage easements.
An alternate drainage easement has been offered to Collier County for required drainage
purposes.
Letters of no objection have been received from applicable divisions/entities.
FISCAL IMPACT:
Engineering Services has collected a $1,000.00 "Petition to Vacate" fee from the petitioner
which covers the County's cost of recording and processing the Petition.
GROWTH MANAGEMENT IMPACT:
There is no Growth Management Impact associated with this Executive Summary.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts.
~( ':.l
tJ
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution and associated
legal documents.
RECOMMENDATIONS:
1. Adopt the Resolution for Petition AVPLAT-2006-AR-9810, 1487 Bembury Drive, to vacate
the ten foot wide drainage easement encumbering the East five-feet of Lot 12 and the
West five-feet of Lot 11, Storter Subdivision, as recorded in Plat Book 5, Page 106, of the
Public record of Collier County, Florida, and more specifically described in Exhibit "A".
2. Accept the replacement Drainage Easement depicted and described in Exhibit "B" and
authorize the County Manager or his designee to record the replacement easement.
3. Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to
record a certified copy of the Resolution in the Public Records.
PREPARED BY: Stephen A. Higgins P.S.M., County Surveyor
Smooth Feed Sheets ™
MARIO MELUCCI
1300 BEMBURY DR
NAPLES, FL 34102
119 ~~Otf ()()CJ()
STE & ELL KOMAROWSKI
1484 13TH AVE N
NAPLES, FL 34102
1'1?/'~ / ~tJI)J
HOWARD BARBER
1522 13TH AVE N
NAPLES, FL 34102
191 ~~$I'()l>>t
CONSERVANCY OF SW FL
1350 15TH ST N
NAPLES, FL 34102
~5?tKJtf()lX)l/
JERRY BURNETT
1467 13TH AVE N
NAPLES, FL 34102
t/ tf "/ O~()Ot>tJ"
/IH~ -n1/~tlE
.STORTER
1453 BEMURY DR.
NAPLES, FL 34102
7~9t/)t&!o/)/):>>
JESSE CASEY
1483 BEMBURY DR
NAPLES, FL 34102
7#ItlJ';:? /)&~ f
CDC LAND INVESTMENTS
3003 TAMIAMI TRAIL N
NAPLES, FL 34103-2714
I)IJ:(tr/~~t?tJ r
KELL Y C ELLIS
1450 BEMBURY DR
NAPLES, FL 34102
~~.:tt 1'~{)/)()~
8AVERY@
1 7 G I' '4 _Use template for 5160@
MICHAEL DARROW BONNIE ZONAS
1460 13TH AVE N 1470 13TH AVE N
NAPLES, FL 34102 NAPLES, FL 34102
?tI, /,()tJf/ c()()..2/ '7t1'~p/"'/)PtJ/
THOM & DEB UNSWORTH BERNE & AUDRA BARTON
1486 13TH AVE N 1500 BEMBURY DR
NAPLES, FL 34102 NAPLES, FL 34102
7";1 tfloV /)/)~~ 71/J~IIR4/J/)/)i)
TR. STANLEY LIEBERF ARB i ROBERT & ANN GUIDADAS
1546 13TH AVE N 1550 13TH AVE N
NAPLES, FL 34102 NAPLES, FL 34102
1~'tt1.J',1I>>t),{' M,A~pJ<<~t)()()tJ
RON & LYNN WENDEL CRAIG & JANET BOOTH
1491 13TH AVE N 1483 13TH AVE N
NAPLES, FL 34102 NAPLES, FL 34102
#tS1()/ ~~d' 4t,f'f()/ "at!O'1
WEND & MAR COX WILLIAM & LOLA OVERTON
5209 N PROSPECT RD 1451 13TH AVE N
PEORIA HEIGHTS, IL 61616 NAPLES, FL 34102
.I/~f "//J.v/)~tI ()()/),I 4U' ?I)~I' t)()()tJ
JOANN SA V AGE LASLO & ANN T ARITRS
1453 BEMBURY DR 1469 BEMBURY DR
NAPLES, FL 34102 NAPLES, FL 34102
71/' t/)t, ()~~tJO 119 ~/)f'tt?/)() I
. ,
LARRY G. CLAUSEN LUCY STORTER
1525 BEMBURY DR 1547 BEMBURY DR
NAPLES, FL 34102 NAPLES, FL 34102
7J/?(,~~/);' ;I~I ttJ;'~()~t
MARGARET BAILEY DOROTHY KYGER
1486 BEMBURY DR 1480 BEMBURY DR
NAPLES, FL 34102 NAPLES, FL 34102
Pd:/if,1/ tJ()(W t11:ltl'/4 ()/)1)1
A VPLAT-2006-AR-9810
1487 BEMBURY DRIVE
Project: 2006050069
Date: 5/24/2006 DUE: 61712006
Address labels
laser
5160<!>
l?G
November 3,2006
Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: AVPLAT-2006-AR-9810
Dear Legals:
Please advertise the above referenced notice on Sunday, November 12,2006 and
again on Sunday, November 19, 2006, and kindly send the Affidavits of
Publication, in duplicate, together with charges involved to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
P.O./Account # 113-138312-649110
1
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesday, November 28, 2006 in the
Boardroom, 3rd Floor, Administration Building, Collier County Government
Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin
at 9:00 A.M.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, RELATING TO PETITION AVPLAT-2006-AR-9810, DISCLAIMING, RENOUNCING
AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE TEN-FOOT WIDE
DRAINAGE EASEMENT ENCUMBERING THE EAST FIVE-FEET OF LOT 12 AND THE WEST
FIVE-FEET OF LOT 11, STORTER SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE
106, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE
SPECIFICALLY DESCRIBED IN EXHIBIT UA' AND ACCEPTING A REPLACEMENT DRAINAGE
EASEMENT, AS MORE SPECIFICALLY DEPICTED AND DESCRIBED IN EXHIBIT UB", IN
PLACE OF THE VACATED EASEMENT.
NOTE: All Persons wishing to speak on any agenda item must register with
the County Administrator prior to presentation of the agenda item to be
addressed. Individual speakers will be limited to 5 minutes on any item.
The selection of an individual to speak on behalf of an organization or
group is encouraged. If recognized by the Chair, a spokesperson for a
group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board
agenda packets must submit said material a minimum of 3 weeks prior to the
respective public hearing. In any case, written materials intended to be
considered by the Board shall be submitted to the appropriate County staff
a minimum of seven days prior to the public hearing. All material used in
presentations before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need to
ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Dillard, Deputy Clerk
(SEAL)
Teresa L. Dillard
176
From:
Sent:
To:
Subject:
ClerkPostmaster
Friday, November 03, 2006 4:09 PM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
ATT2572017.txt; AVPLAT-2006-AR-9810
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A TT25720 17 . txt A VPLA T - 2006-AR-9
(231 B) 810
This is an automatically generated Delivery Status Notification.
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legals@naplesnews.com
1
Teresa L. Dillard
1 ?G
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Friday, November 03, 20064:09 PM
Teresa L. Dillard
Delivered: AVPLAT-2006-AR-9810
Attachments:
A VPLA T -2006-AR-981 0
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AVPLAT-2006-AR-9
810
<<AVPLAT-2006-AR-9810>> Your message
To: legals@naplesnews.com
Subject: AVPLAT-2006-AR-9810
Sent: Fri, 3 Nov 2006 16:08:28 -0500
was delivered to the following recipient(s):
legals, NDN on Fri, 3 Nov 2006 16:08:44 -0500
1
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
l?C
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
AE Watermark, LLC
P.O. Box 111959
Naples, Florida 34104
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
Y Oil are invited to attend this public hearing.
Sincerely,
~WIGHT t,B~O~K. CLERK
~L'-L~~~ k
Teresa Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
.176
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3,2006
Robert L. Duane, AICP
HoleMontes, Inc.
950 Encore Way
Naples, Florida 34110
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. B
0,-
eresa Dillard, Deputy Clerk
CK, CLERK
~ ~
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.D.us
Fax-(239)775-2755
Email-collierclerk@clerk.collier.D.us
17G
-
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3,2006
Mario Melucci
1300 Bembury Drive
Naples, Florida 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19,2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
" <J. lUO-, - 7K
~a Dillard, eputy Clerk
Enclosure
Phone-(239) 732-2646 Fax-(239)775-2755
Website- www.clerk.collier.fl.us Email- collierclerk@clerk.collier.fl.us
l?S
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3,2006
Ste & Ell Komarowski
1484 13th Ave N
Naples, Florida 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19,2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. B
-L
eresa Dillard, Deputy Clerk
CK, CLERK
~ tA~
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.ft.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.ft.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17G
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
Howard Barber
1522 13th Ave N
Naples, Florida 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19,2006.
You are invited to attend this public hearing.
Sincerely,
D IGHT E.. BFC~, ?L. ERK
. ~~udk
eresa Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17G
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
The Conservancy ofSW FL
1350 15th St N
Naples, Florida 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
You are invited to attend this public hearing.
Sincerely,
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.fl.us
Fax-(239)775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17G
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
Jerry Burnett
1467 13th Ave N
Naples, Florida 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19,2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. .B.. RpcK, CL~RK
\' rp j Uul ~L~kC
\~ Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax-(239)775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
176
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
Mae Janelle Storter
1453 Bembury Drive
Naples, Florida 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. pO:K; CLERK
f\ (J, WQ ~vfJ ~(
\~ Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.n.us
Fax-(239) 775-2755
Email- collierclerk@clerk.collier.n.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
1,";;
1'4.
....,~
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
J esse Casey
1483 Bembury Drive
Naples, Florida 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19,2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BF.CC~~" C CLLEFERK
1\ fd n u.La ':is~O.AeJ k
\,~ Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.c1erk.collier.fl.us
Fax-(239)775-2755
Email-collierclerk@c1erk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES. FLORIDA 34101-3044
176
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
CDC Land Investments
3003 Tamiami Trail N
Naples, Florida 34103
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
You are invited to attend this public hearing.
Sincerely,
D IGHT E.. BF-O~K, CLERK
.. ~l'2~(
eresa Dillard, Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
Cou~ty of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
176
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
Bernie & Audra Barton
1500 Bembury Drive
Naples, FL 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
WULa~k
Teresa Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.c1erk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@c1erk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
176
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
Kelly C. Ellis
1450 Bembury Drive
Naples, Florida 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT BROCK, CLERK
'" ~L~ '; 0k
\~esa Dillard, Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email- collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17G
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3,2006
Michael Darrow
1460 13th Ave N
Naples, Florida 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19,2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. P.o.CK, CLERK
A 0, l~';}(~JAJk
~a Dillard, Deputy Clerk .
Enclosure
Phone-(239) 732-2646
Website- www.clerk.collier.ft.us
Fax- (239) 775-2755
Email- collierclerk@clerk.collier.ft.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 T AMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
176
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
Thomas & Deb Unsworth
1486 13th Ave N
Naples, Florida 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
Y Oil are invited to attend this public hearing.
Sincerely,
DWIGHT E.ROCK, CLERK
~"'U1e,,-- < Ifs(
Teresa Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
176
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
Stanley Lieberfarb, Tr
1546 13th Ave N
Naples, Florida 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19,2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. B~c::~"CLERK..
~QWot~1c"
Teresa Dillard, Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@c1erk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17,.....,
, co:
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
Ron & Lynn Wendel
1491 13th Ave N
Naples, Florida 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19,2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BOCK, CLERK
~. Q~
.~ ~
eresa Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
m.' '''.__'''~"~'''_'_'''~"__"''___''''~''""",,,"__~.,~,,...~..
l?G
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3,2006
Wendy & Mark Cox
5209 N. Prospect Rd
Peoria Heights, IL 61616
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. ~.o OCC~:<~, C CJLERK
'" \J I lJJ..0I. ~u.,;( IX
~ Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURmOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
-l ?G
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
Laslo & Ann Taritrs
1469 Bembury Drive
Naples, FL 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19,2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. B
(\ f() I ~et - ~,-(
~ Dillard, Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.0.u5
Fax-(239)775-2755
Email- collierclerk@clerk.collier.0.u5
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17G
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
Lucy Storter
1547 Bembury Drive
Naples, FL 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
'" 0. LU..D,"L'I1(1/l ~ Cc
~ Dillard~ J?~rk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
1 ?h
.......
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
Dorothy Kyger
1480 Bembury Drive
Naples, FL 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. ROCK, CLERK
f\ if) I Lll~ '0 ! ~
~ Dillard, Deputy Clerk
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.fl.us
Fax-(239) 775-2755
Email-collierclerk@clerk.collier.fl.us
"-'~~"-"-"-",,,----,---.",.~..~,,-_.~_.-
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 T AMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
l?G
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
Robert & Ann Guidadas
1550 13th Ave N
Naples, FL 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. ~OCK' CLERK
~~Q . ~Qk
~sa Dillard, eputy Clerk
Enclosure
Phone-(239)732-2646
Web site- www.clerk.collier.fl.us
Fax-(239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
l?G
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
Craig & Janet Booth
1483 13th Ave N
Naples, FL 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
('\ 1) I UJ.L'~ Q'~
i~a Dillard,
Enclosure
Phone-(239)732-2646
Website- www.clerk.collier.ft.us
Fax-(239)775-2755
Email-collierclerk@clerk.collier.ft.us
___*,.....0.,".'__...,....,. ...... ..""',~.,,__".,,>'_~_._~,.,..;-<'".
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
l?S
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3,2006
William & Lola Overton
1451 13th Ave N
Naples, FL 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
Y Oil are invited to attend this public hearing.
Sincerely,
DWIGHT E. ~o~~,,,C.l LE. RI(
~ 2F:WJJ.aA~b(
Teresa Dillard, Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.f1.us
Fax- (239) 775-2755
Email- collierclerk@clerk.collier.fl.us
"'~",^,.,--_.__.~. .,...--,~"""",,",
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
<<'17
~ ..' f\.'
i ."
1::1 \" ...~~
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
Bonnie Zonas
1470 13th Ave N
Naples, FL 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19,2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E'l(R~C~, ~LERK
('\.~~ i:r:
resa Dillard, Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
'.""""""'~'-""""'."""'""'.'~-'-"'._", .. ~... ;"'~''''''''''''~'''''''''~"-''.''-,--_....,-,
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
330 I T AMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17G
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
J a ann Savage
1453 Bembury Drive
Naples, FL 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
Yau are invited to attend this public hearing.
Sincerely,
DWIGHT E'l(R,OCK, CLERK
{\. t1 L\UC~~vJ ~
~a Dillard, Deputy Clerk
Enclosure
Phone-(239) 732-2646 Fax-(239) 775-2755
Website- www.c1erk.collier.ft.us Email-collierclerk@c1erk.collier.ft.us
--..,..,--,. '-"~-..-"_",,-_._.w.__.~._
Dwight E. Brock
Clerk of Courts
COunty of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17S
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3, 2006
Larry G. Clausen
1525 Bembury Drive
Naples, FL 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19,2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. B CK, CLERK
r\ '[)n LLl~, '. it::
~ Dillard, Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COllIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17G
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 3,2006
Margaret Bailey
1486 Bembury Drive
Naples, FL 34102
Re: Petition A VPLAT-2006-AR-9810, 1487 Bembury Drive
Dear Petitioner;
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 28, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 12,
2006 and again on Sunday, November 19, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E.
(\ '1) I lL\p... .~
~ Dillard, Deputy Clerk
OCK,CLERK
~
Enclosure
Phone- (239) 732-2646 Fax- (239) 775-2755
Website- www.clerk.collier.ft.us Email-collierclerk@clerk.collier.ft.us
A VPLA T -2006-AR-981 0
Page 1 of 1
l?h
Teresa L. Dillard
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Monday, November 06, 2006 8:29 AM
To: Teresa L. Dillard
Subject: RE: AVPLAT-2006-AR-9810
OK
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.fl.us]
Sent: Friday, November 03, 2006 4:08 PM
To: legals@naplesnews.com
Subject: AVPLAT-2006-AR-9810
Legals,
Please advertise the following on Sunday November 12, 2006 and again on Sunday November 19, 2006.
Any questions, please contact me. Thank you
<<A VPLA T-2006-AR-981 O.doc>> <<A VPLA T-2006-AR-981 O.doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa.Di lIa rd@Clerk.collier.fl.us)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
11/6/2006
Naples Daily News: Classifieds Results
Ordinances and Petitions .. AVPLAT-2006-AR.981O NOTICE OF PUBLIC HEARING Notice is hereby given
that the Board of County Commissioners of Collier County will hold a public hearing on Tues day, November
28, 2006 in the Boardroom, 3rd Floor, Administration Building, Collier County Governrnent Center, 3301
East Tarniami Trail, Naples, Florida. The meetinC) will beC)in at 9;00 A.M, A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVPLAT2006. AR.
9810, DISCLAIMING, RENOUNCINC AND VA CATINC THE COUNTY'S AND THE PUBLICS IN TEREST IN THE
TEN FOOT WIDE DRAINAGE EASEMENT ENCUMBER ING THE EAST FIVE.FEET OF LOT 12 AND THE WEST
FIVE.fEET OF LOT 11, STaRTER SUBDIVI SIcm, AS RECORDED IN PLAT BOOK 5, PAGE 106, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE SPECIFICALLY DE SCRIBED IN EXHIBIT A'
AND ACCEPTING A RE PLACEr-1ENT DRAINAGE EASEfvlENT, AS r'10RE SPECIFICAI.LY DEPIOED AND
DESCRIBED IN EX HlBlT B , IN PI,ACE OF THE VACATED EASE MENT. NOTE: All Persons wish Lng to speak
on any agenda item must reC)is ter with the County Ad rninistrator prior to pre sentation of the agenda itern
to be addressed. Individual speakers will be limited to 5 minutes on any item. The selec tion of an individual
to speak on behalf of an orgar1lZation or qroup is encouraqed. If r'ecog nized by the Chair, a spokesperson
for a group or orqanization may be allotted 10 min utes to speak on an item. Persons wishing to have
written or qraphic materials included in the Board agenda [J21Ck ets must submit said material a minimum of
3 weeks prror to the re spectlve public hearing. In any case, written ma terials intended to be considered by
the Board shall be submitted to tile appropriate County staff a minimum of seven days prior to the public
hearing. All ma terial used in presenta t!ons before the Board wili become a penna nent part of the record.
Any person who decid es to appeal a decision of the Board will need d record of the proceed ings pertaininq
thel'eto and therefore, may need to ensure that a verbat!nl record of the proceedings is made, which record
includes the testimony and evi dence upon which the appeal is based. BOARD OF COUNTY COMf\1ISSIONERS
COLLIER COUNTY, FLORIDA FRNJK HALAS, CHAIR f\1/\N DWIGHT E. BROCK, CLERK By: Teresa Dillard, Dep
uty Clerk (SEAL) ~,ov. 12 No. 14/1511
Start Date: 11/12/2006 Stop Date: 11/12/2006
Page 1 of 1
17G
http://marketplace.naplesnews.comlmach2/nap/search/SearchAds.action?Si teld =nap&Cat... 11/13/2006
NAPLES DAILY NEWS
Published Daily
Naples. FL :H I 02
Affidavit of Publication
State of Florida
County of Col1ier
Before the undersigned they serve as the authority, personally
appeared Phil Lewis. who on oath says that he
serves as the Editor of the Naples Daily. a daily newspaper
published at Naples. in Collier County, Florida~ distributed
in Collier and Lee counties of Florida~ that the attached copy
of the advertising. being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on November 12, 2006
time in the issue
.\tliant fi.lTth~r says that the said Naples Daily J\~ws is a newspap~r
published at ;\iaples, in said Collier County. Florida. and that the said
n~\"papd has Iierdoj()re been continuously published in said Collier
C(mnty. Florida~ distrihutcd in Collier and Lee ~ounl1cs of Florida.
~ach day and has b~en entered as second class mail matter at the post
olliee in "aplcs. in said Collier County, Florida. for a period of I
year next preceding the lirst publication llfthe attached copy of
advcrtisement: and amant further says that he has neither paid nor
promised any pl':rson, finn or corporation any discllunL rebate.
commission or rdlllld for the pUfJlOSl': of securing this advertisement for
publication in the said newspaper.
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~"'f tr,'q t.f'fro.\~' l:mtlIIII'" f'Z"'f'~
. . " ,:., Mr 18, 2OD1 tfl..::.'..)...;.;......
"; ;;;,>~.:,:~)~~'f~~~~V !.::--
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da
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floo'r. .ratt~ln
BuHdlrtCOQRty
Governm, Cl!nter,
3301Eut Tamtaml TraIl,
Naples, Florida. The
meetIng will begIn at
l!:OOA.M.
A RESOLUTION OF THE
BOARD OF COUNTY
COMMISSIONIiRS OF
COUtU. Co.UNTY.,
FtOR1PA,. .Rlll,Ai'lNl.l T,o
PETITION. A VPLAT.'ft
..~i~~i~~.liSCL~Mtv~~
~r:EI~II: ~:
I"I\H
OF LOf
, WUT FI . . OF LOT
11, STOR SUSDIV,I-
'SION. AS RECORDED IN
I PLAT BOOK 5. PAGE 106.
.. OF THE PUBLIC RECORDS
?to~fJk~I:N$~~"RYE.
SPEC I FI CALLY DE-
SCRIBED IN EXHISIT "A'
AND ACCEPTING A RE-
PLACEMENT DRAINAGE
EASEMENT. AS MORE
SPECIFtCALL Y DEPICTED
AND 1>ESCRIBED IN EX-
HIBIT .B....! 'IN l>LACE OF
nlE VA\,;ATED EASE-
MENT. .
NO'1'E: All Persons wish-
In( to .peak on any
agenda Item must regis-
ter with the County Ad-
ministrator prior to prl!-
sentatlon of .the agenda
Item to be addressed.
Individual speakers will
be limited to 5 minutes
on any Item. The selee-
tlon of an Individual to
spe/lk on behalf of an
organizatIon or group 15
encouraged. If recog-
nl;ed by the Chair. a
sppkesperson for a
grollp.or organization
may. be allotted 10 mln-
utes.to speak.on an
1U!m.
Pel"sons wishIng to
have .wrltten or graphic
materials IncluCled In
the Board agenda pack-
ets 'must submit said
material a mInimUm of 3
wiek$prlor to the re-
spective public hearing.
In any case. written ma-
terials Intended to be
....11I.r.d
shall lile $U mltted' to
theappropr~teCounty
staff a mlnlll1\llTl of leY.
en daYS p:rlor to tne
publlclleatlno; All mil.
'terlalused In pres~a-
I tlons before the IS
I will become. a perm a-
. rlent part of the reeord.
Any person'who decid-
es to appellil a decision
of tl)e Boatdwlll need a
record of the proceed-
Ings pertainIng thereto
and therefore. may
need to ensure that. a
verbatim record of the
pr.ocee~lngl!. I. made.
which record Includes
the testimony and. evi-
dence upon WhIch the
appeal.ls based.
.BOARDOF COUNTY.I
COMMISSIONERS
COO;LLlEIIOOV.NTY,
. FL AIDA
FRANK JotALAS, CHAIR-
MAN
DWIGHT E. BROCK.
CLERK
B~. Teresa OHlard, Dep-
u Clerk
{S ALl
Nov. 12 No. 1471S11
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176
RESOLUTION NO. 06- 311
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION
AVPLAT-2006-AR-9810, DISCLAIMING, RENOUNCING AND
VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN
THE TEN FOOT WIDE DRAINAGE EASEMENT ENCUMBERING
THE EAST FIVE-FEET OF LOT 12 AND THE WEST FIVE-FEET OF
LOT 11, STORTER SUBDIVISION, AS RECORDED IN PLAT BOOK
5, PAGE 106, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT
"A", AND ACCEPTING A REPLACEMENT DRAINAGE EASEMENT,
AS MORE SPECIFICALLY DEPICTED AND DESCRIBED IN
EXHIBIT "B", IN PLACE OF THE VACATED EASEMENT.
WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioner, AE
Watermark, LLC, has requested the vacation of a ten foot wide drainage easement
encumbering the East five-feet of Lot 12 and the West five-feet of Lot 11, Storter
Subdivision, as recorded in Plat Book 5, Page 106 of the Public Records of Collier
County, Florida, and more specifically described in Exhibit "A".
WHEREAS, in conjunction with, and as part of Petitioner's request, Petitioner
has offered for dedication an alternate ten foot wide drainage easement as a
replacement easement, as depicted and described in Exhibit liB", in place of the
vacated easement; and
WHEREAS, the Board has this day held a public hearing to consider the
aforementioned 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; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in the
drainage easement 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 County hereby accepts
the dedication of the replacement easement described and depicted in Exhibit 'B'; and
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.
DATE: .i 'J ~G lo~
ATTEST: -.
~~~~r~~1<
Attest n W Ch41 run s
S1gnltIiN onl-
~~
By: ~
FRANK HALAS, CHAIRMAN
~er1#
~
~
r: .'~rj~)
:~ --
Approved as to form and legal
sufficie
r~
lL~~
.. .:, WJJl<.b
~.:_:,~
. . vputy Clerk
,
~. . -----.,' .
OR: 4146 PG: 3320
17G
SKETCH AND LEGAL DESCRIPTION
DRAINAGE EASEMENT TO BE V ACA TED
~
-t'
lEGEND
~'^ '"____? 5' 15' '~_,~~_~~.__~~.
3e .!S'
~
€;
8
~
S89"SZ'~1.E oom
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~~J
II/! i i
li,1 ·
~'k:
I ~I~ i
~~ ~
i c'c' "
I;l I ~t
; 3t""'
THE EAST 43' OF r I '1 ~
LOT 12 , ~
I-~..~
\'C"E I" . 30'
DE
PL5
La
ORA.tNAct: (ASf).l[N r
PROFf:St",ONAl li\H(l S1JR~YOR
UCf.NSf:O i"iU<:.1Nf.SS
TI4l.:i UJIUlIJ ~, ",,'4. KEN lIlE1lUC(1II
f::
~
~
VI
THE WEST 37 OF
LOT 12
THE EAST 63' OF
LOT 11
(OCCUPIEO)
(OCCUPIED)
~.... .,..........-......... <HI'
.'f 1'1,0' ..-
~WSfi
BEMBURY DRIVE
(60' RlCHT..OfmWA'f)
DRAINAGE EASEMENT
THE EAST 5 FEET OF LO T 12 AND THE
WEST 5 FEET OF LOT 11, SiORTER
SUBDIVISION AS RECORDED IN PLAT BOOK
5, PACE 106 OF THE PUB Lie REC ORDS
OF C ULLiER C OUN TY, FLORIDA
NOT VALiD WITHOuT THE SJG..".lAJI.1R€ ANiJ ffif: OIt1CiNAi. RJl;SI:V
SCAL OF A FtOR1OA lJCE.N.r;.rf) .SURII!:WR A.NJ) UM'P(R.
:J.j.,"wn,o" &- :JJNJmI>., .'f'fl,C,
~ .1~ &::t:<>nd :P~.
t:. "". , .. 1M2 614. A_.K""",
"~K..:i3 sur
.Kaf"-, fN..,;.1.. !J/ffO.l (I!JP) 161 - ,~P(j5
OR: 4146 PG: 3321
SKETCH AND LEGAL DESCRIPTION
10' PROPOSED EASEMENT
-76
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THEM:r243'OF I. 119
~
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ttALf 1" . >>
THll [lU-lllll *'1' ..."'( .Il(f~ Q[.1llA".f~.
LEGal)
DE
PlS
LB
MA.lHACE [ASCWEHT
~AL ....0 """lIE""
UC E.HS[D SiJ.SaNLSS
l&:
8
~
THE WEST 37 OF
LOT 12
THE EAST 63" OF
LOT 11
(OCCUPlEO)
(OCCUPIED)
UJ! ,.....-........-....-....- lJ.lj'.-
BEIIBURY DRIVE
- 'i -.-----.---- -- ..-..---.........
(60' RIGHT-OF-WAY)
PROPOSED DRAINAGE EASEMENT
THE EAST 10 FEET OF THE WEST 17 FEET
OF LOT '11, STORTER SUB DIVISION AS
RECORDED IN PLAT BOOK 5. PAGE 106
OF THE PUBLIC RECORDS OF COLLIER
COUNTY. FLORIDA
///;:~~"
~ru,I"Pt.S I
Co.>tIJf<.t. _ 4~20 ,
NOT IIALL\' "'1H'lUT 'THE S2GNA nMr' AN{) 1kE 0IlICfNAL RNSllJ
SCAL or A 'larIIDA UCl'JtSCD SUR.otYr MC1 1IAPPf'R
.'.
,.
9
jJ 'f"UII'l.G, & jJ't'UmI>o, :J n,e,
~~ :I-::?:~=:::~
'I.--A-.K... :t!J'u fI
.K-;J-.!H.riJ. ~UOI (Ug) 161 - 5965
OR: 4146 PG: 3322
1_'76
DRAINAGE EASEMENT
THIS EASEMENT, is made and entered into this 6th day of October, 2006, by AE
WATERMARK, LLC, a Florida limited liability company, (hereinafter referred to as
"Grantor"), whose mailing address is c/o EDUARDO HIRSCH, P.O. Box 111959, NAPLES, FL
34108-0133 and COLI~IER COUNTY, a political subdivision of the State of Florida, it's
successors and assigns (hereinafter referred to as "Grantee"), whose mailing address is 3301
Tamiami Trail East, Naples, Florida 34112.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, legal representatives, successors and assigns. Grantor and
Grantee are used for singular or plural, as the context requires.)
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, unto the Grantee, a perpetual, non-exclusive easement to enter upon and to
install and maintain drainage structures and facilities on the following described lands located in
Collier County, Florida, to wit:
The East 10 feet of tbe West 17 feet of Lot 11, STOR'fER SUBDIVISION,
according to the Plat thereof as recorded in Plat Book 5, Page 106, Public
Records of Collier County, Florida.
Subj ect to easements, restrictions, and reservations of record.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to entcr
upon said land, place, excavate, and remove materials for the purpose of constructing, operating,
and maintaining drainage and utility facilities thereon. The easement l:,lJ'anted herein shall
constitute an easement running with the land and shall burden the lands described above.
Grantor makes no warranties as to the suitability of the land for the purpose of this easement.
DRAINAGE EASEMENT
Page 1 of2
*** OR: 4146 PG: 3323 ***
176.
IN \VITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and Y'.'lf first abo,ve \yritten.
i if I
{J..,..~A V, 'lr:J.j.t,j'LJJ!)."0
mm~~~'_~~"___"",'''..m~''''.''.mm...w.,..."..",~~_I.",,_._,,
Witness (Signature)
0onl'cC\.. J. Lothro
Name (Print or Type)
/"
.," t;,
AE WATERMARK, Lt(;X ~i
Florida limited liabilitY/i<.:ri'l~i.~rJ.Y
/1 ! J)'-Y
/1 I '.0;
By: _..___ /' < ! ....".."..<<..<~<.....___<
Eduardo Hi~s~
Its: !\fhUl~<<g lVl~Inber
y~ << '......p Ji /'.:. /'
I'~,~"-'~~!;;:~!~,~_..'~~~r..::-~~:,j(.~*<,~",,
Witness (Signature)
..,L(1/.?ft.t417'1 /I. D..ir9N'L)
Name (Print or Type)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Drainage Easement was acknowledged before me this {;; ~. day of October, 2006,
bv. EDUARDO HIRSCH as Managing Member of WATERMARK, LLC. Said person is
(l~;~s(;n~U;::i~~~;~~~~"to<~TIc'-')or has produced /~ as identification. and
".......,.,__"J(..<<~_""__<..~<"""'".<".~ .......
\.",110 Slates that she is authorized to sign on b
(Affix Seal)
/':' .""
;~i
~Off'.'
Notary Public Slate of Florida
Rlchlllll 0 Lyona
My Commiuion D0542451
Emi1e8 0612912010
NotarY"Public ' j
SeriallCommission#: OD542451
My Commission Expires: 06/29/2010
DRAINAGE EASEMENT
Page 2 of2
!'
-oi(. COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
17~
(1)1
.i
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To: Clerk to the Board: Please place the foUowingas a:
~ Normal legal Advertisement
(Display Adv., location, etc.)
D Other:
*******.*.....*.*...................................................................****************** **
Originating Deptl Div: Emergency Management
Person: Dan Summers
Date: 11/8/06
1
I
I
Petition No. (lfnone, give brief description): Ordinance Amending Ordinance No. 80-80, As Amended.
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (lfmore space is needed, attach separate sheet)
Hearing before X BCC
BZA
Other
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Requested Hearing date: (Based on advertisement appearing 10 days before hearing. November 28, 2006
Newspaper(s) to be used: (Complete only ifimportant):
~ Naples Daily News
D Other
D Legally Required
Proposed Text: (Include legal description & common location & Size:
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 80-80, AS AMENDED, BY AMENDING SE
50-17, PURPOSE, OF THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA; PROVIDING
AN AMENDMENT TO THE REPORTING REQUIREMENTS OF THE EMERGENCY MEDICAL SERVICES AD
COUNCIL; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE 0
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? 181 Yes D No If Yes, what account should be charged for advertising costs:
490-144610~9100
Revie~ _____
~:"A_'" ne._
~t:/c7o
ate
List Attachments: Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BeC or BZA: Initiating penon to complete one coy and obtai. Division Head approval before
submittiBg to County MaDager. Note: If Iega' document Is involved, be sure that aDY necessary Iega' review, or req t
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribu
copies:
D Couoty Manager agenda me: to D Requesting Divisioo D Orilina'
~~ I
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
::::.~:::::;.:.;:;::;::.::::::;-~~~;:;~.......................~:.....l..................~.:~:~:......l.**
Date Received: ~Date of Public hearing: I I Q ~ f:k:,Date Advertised: ~{~
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ORDINANCE NO. 2006-_
AN ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NO. 80-S0, AS AMENDED, BY AMENDING
SEcrTON 50-27, PURPOSE, OF' THE CODE OF LAWS
AND ORDINANCES OF COLLIER COUNTY, FLORIDA;
PROVIDING FOR AN AMENDMENT TO THE
REPORTING REQUIREMENTS OF THE EMERGENCY
MEDICAL SERVICES ADVISORY COUNCIL;
PROVIDlNG FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on September 26, 2006, the Board of CO\Ulty Commissione'rs approved
an amendment to the provisions of the Emergency t.1edical Services Advisory Council
Ordinance as it relates to reporting requirements of the Council to the Board of County
Commissioners.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Section 50-27, Purpo.ve, of the Code of Laws and Ordinances of
Collier County, Florida, is hereby amended as follows:
Sec. 50-27. Purpose.
a) Generally. The purpose, objectives and functions of the emergency
medical services advisory council are to act as an advisory board to the
board of county commissioners on all aspects of emergency medical
services in the county, to study and analyze all opportunities and problems
associated with providing optimum emergency medical services
throughout the county, and to further delineate objectives and functions as
may be necessary and which shall be included in the bylaws for said
EMSA council. The emergency medical services council shall also have
the right, responsibility and duty 10 review any complaints received by it
concerning the quality of the emergency medical services being rendered
by any duly authorized emergency medical services provider within the
county, to establish a procedure for reviewing such complaints and to
recommend to the board of COWlty commissioners the action, if necessary,
that would be appropriate to resolve such complaint or complaints. Said
bylaws shall be subject to the board of county commissioners' approval.
b) Report required. Everv four Years. the EMS A council shalllIf".ftweil)'
prepare a report to the board of county commis.~ioners on its activities and
accomplishments as well as an evaluation of emergency medical services
and needs. The EMSA council mllY oresent rCDorts to the Bec more often
than every four years if the Bee reauests such reoort or the council finds
it to be atmro'priatc.
1
Words Underlined are added; Words Stfullk Threligft are deleted.
l7H
"
SECTION TWO: Connlet ud SeverabDity.
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 the
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed 11 separate, distinct and.independent provision and such holding
shan not affect the validity of the remaining portion.
SECflON THREE: Inclusion 1D the Code of Law. and OrdinancClJ.
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 FOUR: Effective Date.
This Ordinance shall take effect upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this _'day of .2006.
ArrEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and
legal sufficiency:
~7Pi~
COLLEEN M. G ENE
Assistant County Attorney
BOARD OF COlTh'TY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
FRANK A. HALAS, Chairman
2
Words Underlined Ilnl added; Words 8tnlek Threugh are deleted.'
17H
17H
November 8,2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: ORDINANCE AMENDING ORDINANCE 80-80
Dear Legals:
Please advertise the above referenced notice on Friday, November 17,
2006, and kindly send the Affidavit of Publication, in duplicate, together
with charges involved to this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
P.O./Account # 490-144610-649100
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on November 28, 2006 in the Boardroom,l i7 II
3rd Floor, Administration Building, Collier County Government Center,
3301 East Tamiami Trail, Naples, Florida, the Board of County
Commissioners will consider the enactment of a County Ordinance. The
meeting will commence at 9:00 A.M. The title of the proposed Ordinance
is as follows:
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 80-80, AS
AMENDED, BY AMENDING SECTION 50-27, PURPOSE, OF THE CODE OF LAWS
AND ORDINANCES OF COLLIER COUNTY, FLORIDA; PROVIDING FOR AN
AMENDMENT TO THE REPORTING REQUIREMENTS OF THE EMERGENCY MEDICAL
SERVICES ADVISORY COUNCIL; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public
hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Dillard, Deputy Clerk
(SEAL)
17H
Teresa L. Dillard
To:
Subject:
legals@naplesnews.com
Ordinance amending ORD. 80-80
Attachments:
ORD.AMEND.ORD.80-80.doc; ORD.AMEND.ORD 80-80.doc
Legals,
Please advertise the following on Friday November 17, 2006. Any questions, please contact me.
Thank you
~
ORD.AMEND.ORD. ORD.AMEND.ORD
so-so. doc (27 KB... SO-80.doc (29 KB...
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dillard@clerk.collier.fl.us)
1
Teresa L. Dillard
1~7H
From:
Sent:
To:
Subject:
Clerk Postmaster
Wednesday, November 08, 2006 1 :25 PM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
ATT3564099.txt; Ordinance amending ORD. 80-80
IS:.-""
~
r::--;?l
L.::.J
ATT3564099.txt
(231 B)
Ordinance
mending ORD. 80-8
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
17H
Teresa L. Dillard
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Wednesday, November 08, 2006 1 :25 PM
Teresa L. Dillard
Delivered: Ordinance amending ORD. 80-80
Attachments:
Ordinance amending ORD. 80-80
r::::-7... '..1.
L::J
Ordinance
mending ORD. 80-8
<<Ordinance amending ORD. 80-80>> Your message
To: legals@naplesnews.com
Subject: Ordinance amending ORD. 80-80
Sent: Wed, 8 Nov 2006 13:24:31 -0500
was delivered to the following recipient(s):
legals, NDN on Wed, 8 Nov 2006 13:24:36 -0500
1
Ordinance amending ORD. 80-80
Teresa L. Dillard
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Wednesday, November 08,20062:27 PM
To: Teresa L. Dillard
Subject: RE: Ordinance amending ORD. 80-80
OK
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.fl.us]
Sent: Wednesday, November 08, 2006 1:25 PM
To: legals@naplesnews.com
Subject: Ordinance amending ORD. 80-80
Legals,
Please advertise the following on Friday November 17, 2006. Any questions, please contact me.
Thank you
<<ORD.AMEND.ORD.80-80.doc>> <<ORD.AMEND.ORD 80-80.doc>>
Teresa L. Dillard
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Dillard@clerk.collier.fl.us)
1118/2006
Page 1 of 1
17H
Naples Daily News: Classifieds Results
Ordinances and Petitions .. ORD. 80-80 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby
given that on November 28, 2006 in the Boardroom, 3rd Floor, Adrninistra tion Building, Collier County
Government Center, 3301 East Tamia rni Trail, Naples, Florida, the Board of County Corn missioners will con
sider the enactment of a County Ordinance. The meeting will corn mence at 9:00 A.IV\. The title of the
proposed Or dinance is as follows' AN ORDINANCE AMEND ING COLLIER COUNTY ORDINANCE NO. 30.80,
AS AMENDED, BY AMENDING SEGION 50 27, PURPOSE, OF THE CODE OF LAWS AND OR DINANCES OF
COLLIER COUNTY, FLORIDA; PRO VIDING FOR AN AMEND MENT TO THE REPORT ING REQUIREMENTS OF
THE EMERC;ENCY IVIED leAL SERVICES ADVI SORY COUNCIL: PROVID ING FOR CONFLICT AND
SEVERABILITY; PROVID ING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PRO VIDING
FOR AN EFrEC TIVE DATE. Copies of the pr'oposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All inter ested parties are invited to attend and be heard. NOTE: All persons wishing
to speak on any agenda item must regls ter with the County ad ministrator prior to pre sentation of the
agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selec tion of
an individual to speak on behalf of an organization or group is encouraged. If recog nized by the Chairman,
a spokesperson for a group or or~)anization may be allotted 10 min utes to speak on an item. Persons
wistllng to have written or graphic materials included In the Board i'lgenda pack ets must submit said
material a minimum of 3 weeks prior to the re spective public hearing. In any case, written ma terlals
intended to be consider^ed by the Board shall be submitted to the appropriate County staff a minimurn of
seven days prior to the public hear-ing. All ma terial used in presenta tions befor-e the Board will become a
penna nent part of the record. Any person who deckl es to appeal a decision of the Board will need a record
of the proceed ings pertaining thereto anci therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evl dence upon which the appeal is based.
BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIR MAN DWIGHT E.
BROCK, CLERK By: Teresa Dillard, Dep uty Clerk (SEAL) Nov. 17 No. 1473093
Start Date: H/17/2006 Stop Date: 11/17/2006
Page 1 of 1
17H
http://marketplace.naplesnews.com/mach2/nap/searchJSearchAds.action ?CatId=notices&... 11/17/2006
NAPLES DAILY NEWS
Published Daily
Naples, FL 3~102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority. personally
appeared Phil Lewis. who on oath says that they
serve as the Editor of the Naples Daily. a daily newspaper
published at Naples, in Collier County. Florida: distributed
in Collier and Lee counties of Florida: that the atUlched copy
of the advertising. being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
on. November. 17th
2006
fV1iant further says that the said \laples Daily Ncws is a newspaper
publish cd at :\ap1cs. in said Collier County. Florida. and that the said
ncwspaper has heretofore been continuously published in said Collier
County. Florida: distributed in Collier and [,ee counties of Florida.
each day and has been entered as second dass mail matter at the post
ot1ice in "aples. in said Colha County. Flonda. \l)r a period of 1
year next preceding the first publication of the attached cop:- of
advertiscment; and af1iant further says that he has neIther paid nor
promised any pcrson. linn or corporation any discount. rebate,
commIssion or rcfund for the purpose ofsceuring this advertisement for
public' 'n the said ne '''paper,
Sworn to and subscribed before me
This 17th
Day of November. 2006 r-/
/7 /
/ ,"~'-<'ilf~z LI~Z" )
(Signat~r~~~~~~~~~ ~,~,:)'-"'~, ,_
m tbq!wM
i. ..,.,~S'!flN' ~ ...
~:.. . ]~~q ~Ul'7
',~~;,,"<' . ".~~...:
" ... 'i,.~
~
~
ORO.80.80
NOTICE OF INTENT TO
CONSIDER ORDINANCE
N'ltlc. .. hei"1Ib given
tll.ton N r 28.
;NlO6 In tile f'lom.
3rd . f1_; stra.
tlon . .!tII' < oHler
CountY. GQ.V, ernment
Center' 330~ 'e.Jt Tamla-
mITnl'~ N..es, Florida.
tM. .Olllrd:'lf countll
~=o=~n~ogf
a Count Ordlnan.ce.
11\11, will com.
o~
AN oM)~I\~
ING COlliER' eOI1f4TY
ORDINANCE NO. ;80.80,
A.S AME:,NDED.8V
AMEl'lDING stC"I'lO'N 10.
27,PURPOSt:, O'f THE
CODE AMP OR-
!>>NAN F, COLLIER
COUN IDA; PRO.
VIDING N AMEND-
MENT RT.
IflG' RE OF
THE . MED-
ICAL S ADVI.
SORY ROVI!).
~IIR'ltl RO~r,r.
lNG FOR INCLU$lON IN
THE CODE OF LAWS AND
QRDtNANCES.i ,"ND PRO-
VlDfNGfOR ~N, \!Pf'EC-
TIVEOATE.
, CliP-liS of the proposed \
0"(1'.,, n.n. ce are on file,
With tl\e Clet'k to, the
II04td and ..... .lvaJ\&ble
~~~nJg~~~'are...,,!!~
to atteild and be ,........,
NOTE: All persons
wishing to speak on any
agenda IWTI mu$t re!~-
ter with the Cou'ltY .....
mlnlstrator frlor to' pre-
sentation 0 . the ,~
Item to be addressed.
Individual speakers will
be limited to 5 minutes.
on ~y Item. The .elee'
tlonof an IndividUal to
speak on behalf of an
organization or oroU9 Is
encouraged. If recog-
nlJed by tl:le Chairman.
a spokupersol)' for a
~~ut.o~I~':,fl.rMrn~
= to' speak, on an
Persons ,WIShing to
have written or graphiC
materials Included In
thelloard agenda pack,
ets mUlt submit $&Id
material a mlnlmumof 3
weeks prior ,to the reo
spectlve public, hearing.
In any case. written ma-
terials Irltended to be
consIdered by the Board
.'$1'r8tr"..slllJn.itte.. ..
the appropriate County
staff a minimum of sev.
en days prior to' the
pUblic hearing. All ma.
terlal used In presenta.
tlons before the Board
wilt become. a perma-
nent part of the record.
Any person who decid.
es to appeal a decision
of the Iloard will need a
record of, the proceed-
In~ "~Inlng thereto
and therefore. may
need to ensure that a
verbatim record of the
proc,.dlngs is made,
which record Includes
the testimony and evl.
dence upon \[\flllch the
appeallsba5eO.
BOA'l~D OF COUNTY
COMMISSIONERS
COL'LrER COUNTY,
FLORll)A
FRANK HALAS, CHAIR.
MAN
DWIGHT E. BROCK;
CLERK
Bt: T Teresa olllard. OIP-
uiUlerk . .
~ov.1f7 No. 14m3
ORIGINAL DOCUMENTS CHECKLIST & ROUTIifIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEN ~
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR S JtRE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only Iftt!: the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. Ifthe document is already complete with the
exceotion of the Chairman's sil!lUlture, draw a line .. lines # 1 throw!'h #4, COIIlDlete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.---------------------------------
2. .---------------------------------
3. .---------------------------------
4. . --------------------------------
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff Artie Bay
Contact
Agenda Date Item was 11/28/06
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Ordinance
'~{p ...-6
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
ro riate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ibl State Officials.
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. Tbe document was approved by the Bee on 11/28186 (enter date) and all
cbanges made during tbe meeting bave been incorporated in the attacbed document.
Tbe Coun Attorne 's Office bas reviewed tbe cban es, if a . ble.
530-6285
~
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
17H
ORDINANCE NO. 2006- 55
AN ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NO. 80-80, AS AMENDED, BY AMENDING
SECTION 50-27, PURPOSE, OF THE CODE OF LAWS
AND ORDINANCES OF COLLIER COUNTY, FLORIDA;
PROVIDING FOR AN AMENDMENT TO THE
REPORTING REQUIREMENTS OF THE EMERGENCY
MEDICAL SERVICES ADVISORY COUNCIL;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on September 26, 2006, the Board of County Commissioners approved
an amendment to the provisions of the Emergency Medical Services Advisory Council
Ordinance as it relates to reporting requirements of the Council to the Board of County
Commissioners.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Section 50-27, Purpose, of the Code of Laws and Ordinances of
Collier County, Florida, is hereby amended as follows:
Sec. 50-27. Purpose.
a) Generally. The purpose, objectives and functions of the emergency
medical services advisory council are to act as an advisory board to the
board of county commissioners on all aspects of emergency medical
services in the county; to study and analyze all opportunities and problems
associated with providing optimum emergency medical services
throughout the county; and to further delineate objectives and functions as
may be necessary and which shall be included in the bylaws for said
EMSA council. The emergency medical services council shall also have
the right, responsibility and duty to review any complaints received by it
concerning the quality of the emergency medical services being rendered
by any duly authorized emergency medical services provider within the
county, to establish a procedure for reviewing such complaints and to
recommend to the board of county commissioners the action, if necessary,
that would be appropriate to resolve such complaint or complaints. Said
bylaws shall be subject to the board of county commissioners' approval.
b) Report required. Every four years, the EMSA council shall ar..nually
prepare a report to the board of county commissioners on its activities and
accomplishments as well as an evaluation of emergency medical services
and needs. The EMSA council may present reports to the BCC more often
than every four years if the BCC requests such report or the council finds
it to be appropriate.
1
Words Underlined are added; Words Struck Through are deleted.
17H
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 the
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 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 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 FOUR: Effective Date.
This Ordinance shall take effect upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this ~q day of AI OJ e I/Vl~ ,2006.
I
A TTE~.~.~
DW,IGH\f ~~':\l~OCK, Clerk
. ~ \..
~~~LLefk
~ ... .'. DeputyClerk
Att.stu to Ch41r"lUn s
11gnltlilN OR lor
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By _-:;::c?~ .........
FRANK A. HALAS, Chairman
Approved as to form and
legal sufficiency:
~7t//~
COLLEEN M. GREENE
Assistant County Attorney
2
Words Underlined are added; Words Struck Through are deleted.
17H
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2006-55
Which was adopted by the Board of County Commissioners
on the 28th day of November, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
day of November, 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of'.
, '
County Commissiop:e'rs
1_,
.~'.'.
'-
~ ..t4r~
By: Ann Jennej~hn,
Deputy Clerk;
, .
, .
, .
I C. 'J" J I (.'
'__~____"_'"_'".''_'_''"_''''' _,_"_,_,,__,_~._,._,_,"_,,~________"""'_"'__"_"",n.._~.<<,...."",,_ .. . ilj"..