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Agenda 02/13/2007 R
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 13, 2007 9:00 AM Jim Coletta, Chairman, District 5 Tom Henning, Vice- Chairman, District 3 Donna Fiala, Commissioner, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2004 -05, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. Page 1 of 11 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Senior Minister Debra C. Williams, Unity of Naples Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. November 21, 2006 - Value Adjustment Board Special Magistrate C. January 9, 2007 - BCC /Regular Meeting D. January 16, 2007 - BCC /Tourist Development Council Workshop E. January 18, 2007 - District 3 Town Hall Meeting F. January 23, 2007 - BCC /Regular Meeting G. January 24, 2007 - BCC /Regular Meeting- Continuation of January 23, 2007 BCC Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 5 -year recipient 1. Carol Wright - Vanderbilt Beach Beautification MSTU Advisory Committee 10 -year recipient 1. Kent Orner - Ochopee Fire Control District Advisory Committee 20 -year recipient 1. George Ponte - Collier County Code Enforcement Board 4. PROCLAMATIONS A. Proclamation designating the month of February as Scouting Anniversary Month, to encourage citizens of Collier County to express their appreciation to the Southwest Florida Council and the Boy Scouts of America for their interest in and dedication to Americas youth. Proclamation to be accepted by Mel Moore, Senior District Executive, Boy Scouts of America; Barbara Coen, District Vice Chairman, Boy Scouts of America; and William H. Poteet, Jr., Alligator District Chairman, Boy Scouts of America. B. Proclamation designating March 10, 2007 through March 17, 2007 as Save the Florida Panther Week to encourage citizens of Collier County to join in the celebration of the Florida Panther. To be accepted by Tom Murray, President, Friends of the Florida Panther Refuge. C. Proclamation designating January, February and March 2007 as Naples Patriotic Moment Months. Proclamation will be accepted by Sharon Kurgis, Merrill Lynch, and Phil Lewis, Naples Daily News. 5. PRESENTATIONS A. The Collier County Emergency Medical Services Department adopted the Phoenix Award to recognize local first responders, who through their skills and knowledge, have successfully brought back to life individuals who have died. The Phoenix is a mythological bird that died and rose renewed from its ashes. Page 2 of 11 B. Recommendation to recognize Christopher Atchley, Craftsman, Facilities Management, as Employee of the Month for January 2007. C. Recommendation to recognize Mike Ossorio, Contract Licensing Officer, Community Development and Enviornmental Services, as Employee of the Year for 2006. D. Presentation to the Board of County Commissioners for the Waste Reduction Awards Program (WRAP) to recognize businesses and institutions for enhanced and innovative recycling programs. E. This item to be heard at 10:00 a.m. Recommendation to hear a presentation from the U. S. Fish and Wildlife Service regarding the use of the Panther Consultation Area in reviewing land development activities in Collier County. F. Project presentation; Immokalee Road Expansion from U.S. 41 to 1 -75 Ramps. A 3.5 mile project presented by John Carlo, Inc. 6. PUBLIC PETITIONS Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SV- 2006 -AR -9962: Wal -Mart Stores East L.P., represented by Boice- Raidl -Rhea Architects, requesting variances to Section 5.06.04.C.a. to allow 13 additional wall signs in the Wal -Mart Super- center. The subject property is located at 5420 Cormorant Avenue, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ- 2004 -AR -6810: Livingston Greens, LLC, represented by George L. Varnadoe of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting approval of a rezone from the Agriculture (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a project to be known as Hamilton Greens RPUD. The subject property, consisting of 29.68 acres, is located on the east side of Livingston Road, approximately 3/4 of a mile north of Vanderbilt Beach Road, in Section 31, Township 48 South, Range 26 East, Collier County, Florida. B. This item was continued from the January 23, 2007 BCC meeting. This item is a companion to Items 10A and 10B which will be heard at 1:05 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ -A- 2004 -AR -6417 Ronald Benderson et al, Trustee, represented by Robert L. Duane, AICP, of Hole Montes, Inc., requesting to rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) known as the 1 -75 /Alligator Alley Commercial PUD. The proposed PUD amendment requests the following: to reduce the size of the Preserve/Water Management Area from 15 acres currently required by the PUD to 10.58 acres; to delete residential uses as a permitted use; to provide a new list of commercial uses comparable to those allowed in the C -1 through C -4 Commercial Districts, with SIC codes; modify the PUD Master Plan to depict the footprints of existing land uses and conceptual footprints for undeveloped tracts; to modify the circulation system; to establish a maximum square footage of 265,000 square feet of retail and office area; to relocate the existing western entrance 50 feet to the east; and to delete the 50 foot perimeter setback. The property consisting of 40.8 acres, is located on the north side of Davis Boulevard in proximity to the intersection of Collier Boulevard (CR- 951) and 1 -75. The subject property is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Companion Item with Developers Contribution Agreement Page 3 of 11 C. Repeal of Collier County Ordinance 2002 -49, as amended by Ordinance 2005 -32, titled: an ordinance readopting the Collier County Fire Prevention and Protection Code by amending the Code of Laws and Ordinances of Collier County, Florida, amending Chapter 58, Fire Prevention and Protection, Article II, Fire Safety Standards for the unincorporated area of Collier County, by replacing Section 58 -26, pertaining to adopted standards and codes of the National Fire Code published by the National Fire Protection Association (NFPA), replacing Section 58 -27 pertaining to amendments to adopted fire codes, specifically NFPA 1, 2002 Edition replacing Section 58 -28, pertaining to amendments to the adopted Life Safety Code, specifically NFPA 101, 2002 Edition. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Affordable Housing Commission. B. Appointment of member to the Radio Road Beautification Advisory Committee. C. Appointment of member to the Lake Trafford Restoration Task Force. D. A resolution of the Board of County Commissioners of Collier County, Florida, establishing support for the State Legislators' efforts regarding state insurance reform. (Commissioner Coyle) 10. COUNTY MANAGER'S REPORT A. This item to be heard at 1:05 p.m. This item was continued from the January 23, 2007 BCC Meeting. Recommendation to approve a Developers Contribution Agreement (DCA) between Benderson, Westport and Davis Crossing (The Developers) and Collier County to obtain right -of -way, easements drainage commitments and advanced funding for the future expansion of Davis Boulevard. (Norman Feder, Administrator, Transportation Services) (Companion item to 8B and 1013) B. This item to be heard at 1:05 p.m. This item was continued from the January 23, 2007 BCC Meeting. Recommendation to approve a Developers Contribution Agreement (DCA) between Waterways Joint Venture VII (The Developer) and Collier County to obtain property for roadway water management, drainage and access easements for the future expansion of Davis Boulevard. (Norman Feder, Administrator, Transportation Services) (Companion item to 8B and 10A) C. Recommendation to accept Fiscal Year 2006 Grant Report providing an annual update of grant activity. (Len Price, Administrator, Administrative Services) D. Report to the Board of County Commissioners from the Collier County Health and Code Enforcement Departments regarding the continued initiatives to eliminate unsafe and unsound housing in the Immokalee Community.(Joseph K. Schmitt, Administrator, Community Development and Environmental Services) E. This item to be heard at 11:00 a.m. Recommendation to approve Collier County's Fiscal Year 2008 Federal Legislative Agenda. (Debbie Wight, Assistant to the County Manager) F. Staff Report for the Northeast Regional Utility Facility Community Advisory Panel request for consideration of an alternative buffer consideration, Project No 70902 and 73156. (Jim DeLony, Administrator, Public Utilities) G. Recommendation to approve budget amendments for $38,198,334.09 to transfer projects from various Water and Wastewater capital projects funds to a 2006 Revenue Bond Proceeds Fund. (Jim DeLony, Administrator, Public Utilities) Page 4 of 11 H. This item to be heard at 11:45 a.m. Recommendation to approve spending up to $35,000 for appraisals, pre- contract expenses, to authorize a non-binding Letter in Intent, commence y and negotiations for the purchase of Gawn Fishin, LLC property oat approve the attached Budget Amendment. (Marla Ramsey, Administrator, Public Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. TIME CERTAIN: 12:00 Noon The Board in executive session will discuss settlement and strategy relating to litigation expenses in the pending litigation case of Dwight E. Brock, Clerk of Courts v. Collier County, Florida, Board of County Commissioners of Collier County, Florida, as Ex- Officio Governing Board of The Ochopee Area Fire Control & Emergency Medical Care Special Taxing District, A/KIA The Ochopee Fire District; Linda T. Swisher and Paul W. Wilson, Case No. 04- 941 -CA consolidated with Board of County Commissioners of Collier County, Florida vs. Dwight E. Brock, Clerk of the Circuit Court of Collier County, Florida Case Number 05- 953 -CA consolidated with Case No. 05- 1506 -CA. B. This item to be heard at 1:00 p.m. Board direction to the County Attorney relating to litigation in in Dwight E. Brock, Clerk of Courts v. Collier County, Florida, Board of County Commissioners of Collier County, Florida, as Ex- Officio Governing Board of The Ochopee Area Fire Control & Emergency Medical Care Special Taxing District, A/K /A The Ochopee Fire District; Linda T. Swisher and Paul W. Wilson Case No. 04- 941 -CA, consolidated with Board of County Commissioners of Collier County, Florida vs. Dwight E. Brock, Clerk of the Circuit Court of Collier County, Florida Case Number 05- 953 -CA consolidated with Case No. 05-1506 - CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ---------------------------------- - ------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be member of the Board, thatt a item(s) will be removed from the Consent Agenda and cons dered separately. ------------------------------------------------------- - - - - -- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve an Interim Management Plan for the Brochu property under the Conservation Collier Land Acquisition Program. 2. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Veronawalk Phase 1 B. The roadway and drainage improvements will be privately maintained. 3- Recommendation to approve an application by Naples Urgent Care, P. L. for participation in the Advanced Broadband Infrastructure Investment Program Page 5of11 4. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Chatham Woods, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 5. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Caldecott Replat. 6. To seek approval from the Board of County Commissioners of the Building Directors issuance of building permits for the replacement of previously existing pool screen enclosures damaged by Hurricane Wilma, with the understanding the respective applicants recognize and agree to filing the required requests for dimensional variances associated with the respective side yard and /or rear yard encroachments 7. Recommendation to approve a budget amendment to transfer funds from Fund 339 Reserves (Road Impact Fee District 5 - Immokalee) to Fund 339 Reimbursements (prior year) in the amount of $100,000. 8. Recommendation of the Immokalee Redevelopment Area Advisory Board and Immokalee Enterprise Zone Development Agency to the Board of County Commissioners to elect a chairman and vice chairman for the Immokalee Redevelopment Area Advisory Board and the Enterprise Zone Development Agency for 2007 (a companion item to item 16G1)(Joseph K. Schmitt, Administrator, Community Development and Environmental Services) 9. Recommendation to approve final acceptance of the water and sewer utility facilities for Veronawalk, Phase 1B. B. TRANSPORTATION SERVICES 1. Approve the purchase of 2.52 acres of unimproved property (Parcel No. 216) which is required for the construction of a stormwater retention and treatment pond for the Oil Well Road widening project. Project No. 60044 (Fiscal Impact: $278,910.00) 2. Recommendation to award a construction contract to Bonness, Inc. for Livingston Road (C.R. 881) Intersection Improvements at Pine Ridge Road, Bid No. 07 -4096, Project No. 60016, in the amount of $420,587.37. 3. Recommendation to approve a South Florida Water Management District Local Governmental Grant Agreement No. 4600000608 in the amount of $250,000 for partial funding of the 2007 Australian Pine Tree Removal Program. 4. Recommendation to award Bid #07 -4086 Supply & Install Traffic Signs and Markings to Trutwin Industries, Inc. for the approximate amount of $90,500. 5. Recommendation to approve Change Order #5 to add $298,485.00 for continuing Inspection Services for KCCS, Inc. under ITQ 04 -3583 CEI Services for Collier County Road Projects for Project No. 60006 Grade Separated Overpass Road Project on Golden Gate Parkway and over Airport- Pulling Road. 6. Recommendation to approve the use of the rate of $3,850 per 1,000 square feet based on an alternative road impact fee calculation for a proposed American Signature Furniture store to be located at the Triangle Parcel north of the intersection of U.S. 41 Tamiami Trail North and Old U.S. 41 C. PUBLIC UTILITIES 1. Recommendation to approve an agreement with FEBCO Inc a Division of Watts Water Technologies Inc. that allows FEBCO to seek certification of their Backflow Prevention Devices (BPDs) otherwise known as Reduced Pressure Detector Assemblies (RPDAs), which were installed during the inception of the fire and irrigation water system improvements in Pelican Bay. Project Number 74023. Page 6 of 11 2. Recommendation to award Contract #06 -4056 Disaster Recovery Services to James Lee Witt Associates, a part of Global Options Group, Inc., for consulting services required by the Collier County Board of County Commissioners as a result of a declared disaster in Collier County and authorize the Chairman to execute the contract. 3. Recommendation to execute an agreement between the Collier County Water -Sewer District, the Florida Governmental Utility Authority, and the Sembler Family Partnership Ltd., allowing the Florida Governmental Utility Authority to provide temporary wastewater service to the proposed Brooks Village commercial development. 4. Recommendation to accept four South Florida Water Management District Alternative Water Supply Grants in the total amount of $3,009,200 for the partial funding for the construction of improvements to the Countys public water supply system. 5. Recommendation to authorize sole source purchase and certified installation of replacement parts for the Oxidation Ditched and Clarifiers to Siemens Water Technologies, in the estimated annual amount of $500,000. 6. Recommendation to approve, and authorize the Chairman of the Board of County Commissioners to sign, letters to the City of Naples, the City of Marco Island and the City of Everglades City requesting them to adopt the mandatory Non - Residential Recycling Ordinance No. 2004 -50 or similar ordinance. 7. Approve a budget amendment to recognize funds provided by South Florida Water Management District Grants in the amount of $ 425,847.00 and approve the necessary budget amendment for the Reclaimed Water Aquifer Storage and Recovery Project 74030. D. PUBLIC SERVICES 1. Recommendation to rescind approval of the Interlocal Agreement for Fund Sharing of the Pulling Property Project as approved by the Board of County Commissioners on June 14, 2005 and to approve a new agreement with the City of Naples for the Pulling property boat ramp facility in an amount not to exceed $700,000. 2. Recommendation that the Board of County Commissioners approve a request from 1 HOPE, Inc. of Collier County to fund the $10,000 payment of permitting fees related to the installation of thirty (30) FEMA trailers in the Immokalee area. 3. Recommendation to approve the purchase to retrofit sports field lighting from Musco Lighting for Eagle Lakes Community Park in the amount of $261,543 and approve necessary budget amendments 4. Recommend approval of a resolution of the Board of County Commissioners of Collier County, Florida, reestablishing the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy, and Superseding Resolution 2006 -296 and all other Resolutions establishing license and fee policy 5. Recommendation to grant a loan to the Collier County Housing Development Corporation (CCHDC) of $200,000 for the construction of an affordable housing unit in Copeland using State Housing Initiative Partnership (SHIP) funds. 6. Recommendation to name the skate park at East Naples Community Park Velocity Skate Park. 7. Recommend approval of resolution of the Board of County Commissioners of Collier County, Florida, establishing and implementing revised beach parking fees and rules in compliance with an agreement with Florida Department of Environmental Protection; repealing Resolution No. 2002 -430. 8. Recommendation to approve a budget amendment appropriating $40,000 from Reserves to fund the Remedial Action Plan Assessment in response to the fuel spill at Caxambas Park. Page 7 of 11 9. Recommendation that the Board of County Commissioners authorize the use of $144,305 from the Housing and Human Services Department to be used as a part of a local match requirement to obtain State and Federal funding to continue operation of the Horizons Primary Care Clinic in the Golden Gate area. 10. Recommendation to Award bid number 07 -4084 for Pool Chemicals and Supplies to various vendors. These chemicals and supplies will be used in County Park and Recreation Department aquatic facilities. 11. Recommendation to approve application and Memorandum of Understanding for a Safe Havens: Supervised Visitation and Safe Exchange Grant in the amount of $200,000 from the United States Department of Justice and, if awarded, to serve as the Fiscal Agent and to authorize staff to negotiate a subrecipient agreement with Child Advocacy Council (d.b.a. Child Protection Team) 12. Recommendation to authorize the Chairman to sign the amendment between Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida and approve budget amendments to reflect an overall decrease of $21,000 in the Older Americans Act programs. E. ADMINISTRATIVE SERVICES 1. Recommendation to approve a Resolution authorizing the Commission Chairman to execute Deed Certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2007 calendar year. 2. Recommendation to approve the addition of the classification DirectorOperations SupportPUD to the 2007 Fiscal Year Pay Plan & the removal of the classification DirectorUtilities Finance Operations from the 2007 Fiscal Year Pay Plan. 3. Recommendation to approve amendments to the Countys current agreement with ICMA- Retirement Corporation (ICMA -RC) that provides a deferred compensation plan to County employees. 4. Recommendation to approve a Fourth Amendment to Lease Agreement with Arnold Properties, Inc., for the continued use of garage /warehouse space by the Sheriffs Office at a total cost of $29,192.40. 5. Recommendation to approve a Lease Agreement with Domenico and Maria LaGrasta for temporary warehouse/ office space to be used by the Sheriffs Office at a first years cost of $84,000. 6. Recommendation to approve Boyd Brothers Service,lnc. as the sole source provider for the installation, repair and replacement of Automated Logic Systems and Controls. 7. Report and Ratify Staff - Approved Change Orders and Changes to Work Orders to Board - Approved Contracts. F. COUNTY MANAGER 1. Approve Budget Amendments 2. Recommendation to approve the submittal of the attached Emergency Management, Preparedness and Assistance (EMPA) Trust Fund Project Application to the Florida Department of Community Affairs in the amount of $68,440. 3. Recommendation to approve the submittal of a Florida Emergency Medical Services Matching Grant Application and Grant Distribution Form for the Stair Chair Program in the amount of $69,850.24. 4. Approve a budget amendment in the amount of $40,000 for the purchase of equipment and supplies required for the production of sandbags which will be utilized by Emergency Management and the Road and Bridge Department during flood events. Page 8 of 11 G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation of the Immokalee Redevelopment Area Advisory Board and Immokalee Enterprise Zone Development Agency to the Board of County Commissioners sitting as the Collier County Redevelopment Agency to elect a chairman and vice chairman for the Immokalee Redevelopment Area Advisory Board and the Enterprise Zone Development Agency for 2007 (a companion item to item 16A8). 2. To approve and execute Site Improvement Grant Agreement between the Collier County Community Redevelopment Agency and a grant applicant within the Bayshore Gateway Triangle Community Redevelopment area. 3. Recommendation that the Community Redevelopment Agency (CRA) approve CRA staff attendance at 2007 Redevelopment Conference, ICSC North Florida Seminar and 17th Annual Growth Management Summit; authorize payment of attendees registration, lodging, travel and per diem from the Bayshore Gateway Triangle Trust Fund (Fund 187) travel budget; and declare the training received as serving a valid public purpose. 4. Approve a budget amendment for $91,400 to increase budgeted revenues and budgeted expenses for the sale and purchase of aviation fuel at Immokalee Regional Airport. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Gulf Citrus Country Gala on Saturday, March 24, 2007 at the LaBelle Civic Center in LaBelle, Florida. $60.00 to be paid from Commissioner Halas' travel budget. 2. Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Economic Development Council VIP Breakfast Meeting on Thursday, February 8, 2007, at the Doubletree Guest Suites, 12200 Tamiami Trail in Naples, Florida. $16.00 to be paid from Commissioner Halas' travel budget. 3. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Naples Press Club Annual Special Author Luncheon on Saturday, February 24, 2007 at the Cypress Woods Golf and Country Club; $35.00 to be paid from Commissioner Fiala's travel budget. 4. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the 2007 Women of Style 10th Annual Awards on Thursday, March 1, 2007 at the Naples Grand Resort; $100.00 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. Will attend the Marco Island Historical Society Spring Appraisal Faire Gala Live and Silent Auction on Saturday, March 3, 2007 at the Hammock Bay Golf and Country Club, Naples; $75.00 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. Attended the Physicians Regional Medical Center Good News Gala on Saturday, January 27, 2007 at the Physicians Regional Medical Center, Naples; $35.00 to be paid from Commissioner Fiala's travel budget. 7. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Marine Corps League Honor the Free Press Luncheon on Wednesday, March 14, 2007 at the Hilton Hotel, Naples; $25.00 to be paid from Commissioner Fiala's travel budget. 8. Commissioner Coletta requests approval for reimbursement for prepaying for a function serving a valid public purpose. Commissioner paid in advance to register to attend the Urban Land Institute (ULI) Southwest Florida District Council Meeting - Winter Institute on February 22, 2007 and is requesting reimbursement in the amount of $75.00, to be paid from his travel budget. Page 9 of 11 9. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Everglades City Hall Restoration Celebration as a Keynote Speaker on January 27, 2007 and is requesting reimbursement in the amount of $20.00, to be paid from his travel budget. 10. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend Southwest Florida Transportation Initiative Pre - Session Legislation Event on January 29, 2007 and is requesting reimbursement in the amount of $35.00, to be paid from his travel budget. 11. Commissioner Coletta requests approval for reimbursement for prepaying to attend a function serving a valid public purpose. Commissioner paid in advance to attend the Naples Chamber of Commerce Board Meeting on January 25, 2007 and is requesting reimbursement in the amount of $3.00, to be paid from his travel budget. 12. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the the Heritage Bay Affordable Housing Ground Breaking Ceremony and Luncheon on January 19, 2007 and is requesting reimbursement in the amount of $16.00, to be paid from his travel budget. 13. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Breakfast meeting of the Boy Scouts of America - Alligator (Collier County) District Committee and is requesting reimbursement in the amount of $7.95, to be paid from his travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. To file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain board approval for disbursements for the period of January 06, 2007 through January 12, 2007 and for submission into the official records of the board. 2. To obtain board approval for disbursements for the period of January 13, 2007 through January 19, 2007 and for submission into the official records of the board. 3. To obtain board approval for disbursements for the period of January 20, 2007 through January 26, 2007 and for submission into the official records of the board. 4. To obtain board approval for disbursements for the period of January 27, 2007 through February 02, 2007 and for submission into the official records of the board. K. COUNTY ATTORNEY 1. Recommendation that the Board of County Commissioners approve a budget amendment in the amount of $150,000 for Outside Counsel fees and $40,000 for Other Contractual Services (used for experts and consultants). 2. Recommendation to approve settlement at mediation and prior to trial in the lawsuit entitled John S. Segro, James W. Antoniou and James A. Antoniou, Jr., a minor v. P &K Pole Products, et al., filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 02- 2096 -CA, for a total amount of $125,000.00. 3. Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcel 140 in the Lawsuit Styled Collier County v. Rosa A. Hernandez, et al., Case No. 05- 1033-CA (CR 951, Project No. 65061) Fiscal Impact: $56,000.00. Page 10 of 11 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. Recommendation to Approve an Ordinance Amending Collier County Ordinance No. 93 -56, as amended, the Animal Control Ordinance; Amending Section One, Definitions; Amending Section Four to Provide a Fee for Micro - Chipping; Amending Section Five to Revise Fees by Resolution and to Establish Procedures for Micro - Chipping; Amending Section Six, Prohibitions; Adding a New Section Nineteen Entitled Dangerous Dogs; Providing for Conflict and Severability; Providing for Inclusion in the Code of Laws and Ordinances; and Providing for an Effective Date B. Recommendation to adopt a County Ordinance governing the threshold amount of land or easement purchases requiring one or two real estate appraisals (Estimated fiscal impact: not to exceed $300.00) C. Recommendation to approve Petition AVESMT- 2006 -AR- 10036, Aqua, Pelican Isle Yacht Club to disclaim, renounce and vacate the Countys and the Publics interest in a certain irregular width Utility Easement located in the southeast of the southeast of the northeast in Section 17, Township 48 South, Range 26 East, Collier County, Florida, and being further described in Exhibit A. D. Recommendation to adopt a resolution designating 789.4 acres in the Rural Lands Stewardship Area Overlay District (RLSA) as (BCI /BCP SSA 9), approving a credit agreement for BCI /BCP SSA 9, approving an easement agreement for BCI /BCP SSA 9, and establishing the number of Stewardship Credits generated by the designation of said Stewardship Sending Area in response to an application by Barron Collier Investments, Ltd. and Barron Collier Partnership. E. Recommendation that the Board of County Commissioners approve an amendment to Collier County Ordinance No. 03 -53, as amended (also known as the Collier County Ethics Ordinance), amending Section Seven to require lobbyists to register quarterly and update the names of those entities by whom they have been employed to lobby and also requiring disclosure of the name or identity of those employing a lobbyist whenever a lobbyist engages in lobbying activities. F. Recommendation to approve the Hispanic Affairs Advisory Board's proposed amendment to the HAAB Ordinance No. 91 -37, as amended, and Codified as Chapter 2, Article VIII, Division 7, in the Code of Laws and Ordinances, amending Section 7, Functions Powers and Duties, to clarify the HAAB's goals and objectives, and providing an effective date. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. Page 11 of 11 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 13, 2007 Item 9C: The Committee Recommendation should be Bishof rather than Bishop. (Commissioner Fiala's request.) Withdraw Item 12A: The Board in executive session will discuss settlement and strategy relating to litigation expenses in the pending litigation case of Dwight E. Brock, Clerk of Courts v. Collier County, Florida, Board of County Commissioners of Collier County, Florida, as Ex- Officio Governing Board of The Ochopee Area Fire Control & Emergency Medical Care Special Taxing District, a/k/a The Ochopee Fire District; Linda T. Swisher and Paul W. Wilson, Case No. 04-941 - CA consolidated with Board of County Commissioners of Collier County, Florida vs. Dwight E. Brock, Clerk of the Circuit Court of Collier County, Florida Case Number 05- 953 -CA consolidated with Case No. 05- 1506 -CA. (Staffs request.) Continue Item 16A2 to the February 27, 2007 BCC meeting: Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Veronawalk Phase 1 B ". The roadway and drainage improvements will be privately maintained. (Staff's request.) Move Item 16C1 to 10J: Recommendation to approve an agreement with FEBCO, Inc. a Division of Watts Water Technologies, Inc. that allows FEBCO to seek certification of their Backflow Prevention Devices (BPDs) otherwise known as Reduced Pressure Detector Assemblies (RPDAs), which were installed during the inception of the fire and irrigation water system improvements in Pelican Bay. Project Number 74023. (Commissioner Coyle's request.) Move Item 16D2 to 101: Recommendation that the Board of County Commissioners approve a request from I HOPE, Inc. of Collier County to fund the $10,000 payment of permitting fees related to the installation of thirty (30) FEMA trailers in the Immokalee area. (Commissioner Fiala's request.) Withdraw Item 16D5: Recommendation to grant a loan to the Collier County Housing Development Corporation (CCHDC) of $200,000 for the construction of an affordable housing unit in Copeland using State Housing Initiative Partnership (SHIP) funds. (Staff's request.) Item 16137: Under Considerations, first bullet item, text has been deleted and will now read as follows: "Annual beach parking permits would be obtained by residents in a similar fashion to the current program and procedures. Residency will be the only requirement to obtain a beach parking permit. Permits will be required on an annual basis. Beach parking permits to residents will appear to be free. HOWeVeF, when a beaGh paFking StIGkeF is Issued to a Fe—A--6 6&.- taxes. Fund, GGFnFnonly r-efeFFed to as the "GeneFal Fund" will be debated the annual r--n-st of a beaGh ad vaiGFem The Parks and Recreation Department's CLASS database will be used to track various statistics regarding parking permit issuance. Among these statistics will be resident versus non - resident. The resultant data can then be used in developing cost and revenue allocations. Parking will be available at all Collier County beach parking facilities without charge with a permit." (Staffs request.) Withdraw Item 16H1: Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Gulf Citrus Country Gala on Saturday, March 24, 2007 at the LaBelle Civic Center in LaBelle, Florida. $60.00 to be paid from Commissioner Halas's travel budget. (Commissioner Halas' request.) Withdraw item 161-15: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Marco Island Historical Society Spring Appraisal Faire Gala Live and Silent Auction on Saturday, March 3, 2007 at the Hammock Bay Golf and Country Club, Naples; $75.00 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request.) Move Item 17B to 8D: Recommendation to adopt a County Ordinance governing the threshold amount of land or easement purchases requiring one or two real estate appraisals. (Estimated fiscal impact not to exceed $300.00.) (Commissioner Coyle's request.) Corrections to Item 17E: Also, in the 5`h sentence under Section Seven (a), insert after the word "oath" the following phrase: `or by written declaration in accordance with Section 92.525, Florida Statutes,' (This change requested by the Clerk for purposes of administration of the ordinance procedure). Also in Section Seven (b), in line 4 should read: " ... regardless of whether there is any change in employers of ..." (Staff's request.) Time Certain Items: 10:00 a.m. — Item 5E 11:00 a.m. — Item 10E 11:45 a.m. — Item 10H 1:00 p.m. — Item 12B 1:05 p.m. — Items 10A and 10B followed by 8B Item 5E to be heard at 10:00 a.m. Recommendation to hear a presentation from the U.S. Fish and Wildlife Service regarding the use of the Panther Consultation Area in reviewing land development activities in Collier County. Item 10E to be heard at 11:00 a.m. Recommendation to approve Collier County's Fiscal Year 2008 Federal Legislative Agenda. Item 10H to be heard at 11:45 a.m. Recommendation to approve spending up to $35,000 for appraisals, pre- contract expenses, to authorize a non - binding Letter of Intent, commence negotiations for the purchase of Gawn Fishin, LLC property located in Everglades City and approve the attached budget amendment. Item 12B to be heard at 1:00 p.m. Board direction to the County Attorney relating to litigation case of Dwight E. Brock, Clerk of Courts v. Collier County, Florida, Board of County Commissioners of Collier County, Florida, as Ex- Officio Governing Board of The Ochopee Area Fire Control & Emergency Medical Care Special Taxing District, a/d /a The Ochopee Fire District; Linda T. Swisher and Paul W. Wilson Case No. 04- 941 -CA, consolidated with Case No. 05-1506 - CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Item 8B to be heard at 1:05 p.m. following 10A and 10B: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ- A -2004- AR -6417 Ronald Benderson et al, Trustee, represented by Robert L. Duane, AICP, of Hole Montes, Inc., requesting to rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) known as the 1 -75 1alligator Alley Commercial PUD. The proposed PUD amendment requests the following: to reduce the size of the Preserve/Water Management Area from 15 acres currently required by the PUD to 10.58 acres; to delete residential uses as a permitted use; to provide a new list of commercial uses comparable to those allowed in the C -1 through C-4 Commercial Districts, with SIC codes; modify the PUD Master Plan to depict the footprints of existing land uses and conceptual footprints for undeveloped tracts; to modify the circulation system; to establish a maximum square footage of 265,000 square feet of retail and office area; to relocate the existing western entrance 50 feet to the east; and to delete the 50 foot perimeter setback. The property consisting of 40.8 acres, is located on the north side of Davis Boulevard in proximity to the Intersection of Collier Boulevard (CR -951) and 1 -75. The subject property is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Companion item with Developers Contribution Agreement. Item 10A to be heard at 1:05 p.m. This item was continued from the January 23, 2007 BCC meeting. Recommendation to approve a Developers Contribution Agreement (DCA) between Benderson, Westport and Davis Crossing (The Developers) and Collier County to obtain right -of- way, easements drainage commitments and advanced funding for the future expansion of Davis Boulevard. (Companion item to 8B and 10B.) Item 10B to be heard at 1:05 p.m. This item was continued from the January 23, 2007 BCC meeting. Recommendation to approve a Developers Contribution Agreement (DCA) between Waterways Joint Venture VII (The Developer) and Collier County to obtain property for roadway water management, drainage and access easements for the future expansion of Davis Boulevard. (Companion item to 8B and 10A.) Agenda Item No. 3A1 February 13, 2007 Page 1 of 2 Board of County Commissioners Advisory Committee Service Awards Recipients Tuesday, February 13, 2007 Name # of Years Advisory Board George Ponte 20 Collier County Code Enforcement Board Carol Wright 5 I Vanderbilt Beach Beautification MSTU Advisory Committee Kent Orner - 10 Ochopee Fire Control District Advisory Committee Agenda Item Nc. 3A1 cebruary 13. 2007 Page: 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 3,1 Item Summary: Advrscrr; Committee Service Awards: 5 -vaar reoipient. C;aro,. `,Aright - Vanderbilt Beach Beautification MS7U Advisory Committee 10 -,year recipient_ Kent Orner - Ochopea Fire Control District Aav scry Committee 2C -year iecplent George Pente - Collier ',cunty Code Entorcement Board Meeting Date: 2 13/2007 9.00.00 P.M Prepared By Paula Spnngs Executive Aide to the BCC Date Board of County Commissioners BCC Office 1:116!2007 11:52:44 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 11912007 8 56 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1;26,12007 12:05 PM PROCLAMATION Agenda Item No. 4A February 13, 2007 Page 1 of 2 -. WHEREAS, the Boy Scouts of America have been at the forefront of instilling timeless values in youth since its founding in 1910, and, WHEREAS, this national youth movement has made serving others through its values -based program its mission; and, WHEREAS, the Boy Scouts of America is committed to helping millions of youth succeed by providing the support, friendship, and mentoring necessary to live a happy and fulfilling life; and WHEREAS, the Boy Scouts of America, Southwest Florida Council and its Cub Scout Packs, Boy Scout Troops, and Venturing Crews are celebrating Scouting's 97th anniversary in America and the 100th anniversary of Scouting internationally with the theme "100 Years of Scouting, When Tradition Meets Tomorrow "; and, WHEREAS, there are more than 170 community organizations and 3,800 dedicated volunteers that make Scouting available for more than 30,000 youth members in our area who participate in the Scouting program as a means of character building, citizenship training, and personal fitness; and, WHEREAS, the Boy Scouts of America is the largest organization in Collier County providing youth leadership training with over 2,500 youth .-. and 700 adult volunteers participating, and, WHEREAS, citizens of Collier County express their appreciation to the Southwest Florida Council and the Boy Scouts of America for their interest in and dedication to America's youth. NOW THEREFORE be it proclaimed by the Board of County Commissioners of Collier County, Florida that February be designated as SCOUTING ANNIVERSARY MONTH DONE AND ORDERED this 13th day of February, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Agenda Item Pdc, . 44 Fehrtiary 13. 2007 Page 2 of 2 COLLIER COUNTY" BOARD OF COUNTY COMMISSIONERS Item Number: 4:; Item Summary: Proclamation designating the month of Februera as Scouting tinnrrersary Month. to encourage cit zens cf Collier Coutry to express their appreciation to the Southwest Florida -Duncil and the Boy Scouts o` America for their interest i 1 and dedication to Americas youth. Proclamation to be accepted by Mel Moore_ Senior Distnct Executive, Foy 5cnutS of ArTierica. Barbara Chan. District 'Vice Chairman Boy Scouts of America, and Vdi:iiam N. Poteet. Jr.. Alligator District Chau'mar Boy Scouts of America Meeting Date: 2/13!2007 9:00.00 AM Prepared By Lisa Resnick, Board of County Commissioners Executive Aide to the BCC BCC Office Date 1130/2007 942 :5C AM Approved By Sue Filson Executive Manager to the BCC Date Board of County 6CC Office 1130/200710:09 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1/30/2007 12:42 PM Commissioners Agenda item No. 4B February 13, 2007 Page 1 of 2 PROCLAMATION WHEREAS, the People of Collier County treasure their wildlife and take pleasure in the natural heritage handed down to them by generations past, and, WHEREAS, the Florida panther is the Official State Animal of the Great State of Florida; and, WHEREAS, the Florida State Legislature has established the third Saturday in March as "Save the Florida Panther Day "; and, WHEREAS, the Florida panther is a magnificent subspecies and a symbol of the natural character of the Everglades Ecosystem of South Florida; and, WHEREAS, because Collier County is the stronghold for the long term survival of the Florida panther, the Natural Resource managers, non - profit groups, citizens, and businesses in the County want to gather to celebrate this species for the South Florida Ecosystem; and, WHEREAS, it is the will of the People of Collier County and therefore a mission of their government to rescue the Florida panther from the threat of extinction; and, ,.., WHEREAS, it is proper and fitting for all Floridians to pause and reflect on the plight of the Florida panther and the task of preserving the sleek, lean and beautiful Florida panther subspecies to enrich the legacy of generations yet to come; and, WHEREAS, we encourage each citizen to join in the celebration of the Panther. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that March 10, 2007 through March 17, 2007 be designated as SAVE THE FLORIDA PANTHER WEEK DONE AND ORDERED this 13th day of February, 2007 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK F gendc Item Nc, 4B February 13. 2007 Page 2 of 2 COLLIER COUNTY BOARD OF CODUTY COMMISSIONERS Item Number: 4E, Item Summary: Proclamation oesignating March 10 2007 through March 17. 2007 as Save the Florida Panther Weee to ertceurege cRizens of Collier County to join in the celebration of the Florida Panthei. To be. accepted oy l om Murray, PreaideW = rienas of the Florida Panther Refuge. Meeting Date: 2:13.? 2 06: �',.00:00 F,M Prepared By Lisa Resnick Executive Aide to the BCC Date Board of County Commissioners BCC Office 115012007 9:45:10 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 1/30/2007 10:08 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 113012007 1244 PM Agenda Item No. 4C February 13, 2007 Page 1 of 2 PROCLAMATION WHEREAS, in January 2006, Sharon Kurgis organized the first Naples Patriotic Moment series of celebrations to pay tribute to all men and women who served in the military to defend the liberties that are often taken for granted; and, WHEREAS, as we watch the United States of America's military continually be called upon to preserve peace throughout the world and conduct operations in very dangerous environments, Sharon Kurgis and her supporters believed that Naples residents needed a way to stop, reflect, and honor the men and women of today's and of yesterday's military - in essence, pause for a 'Naples Patriotic Moment'; and, WHEREAS, in January 2007, Sharon Kurgis and supporters decided that the 2006 events were so successful that they scheduled Naples Patriotic Moment ceremonies every Sunday, Monday and Tuesday evening at 5:30 p.m., from January until March 2007, at the Sugden Community Theatre courtyard on Fifth Avenue in Naples, and, WHEREAS, each evening, local musicians provide brief musical presentations to entertain participants with period- related music before honoring representatives from military organizations ranging from West Point graduates to Korean War veterans; and, WHEREAS, every ceremony concludes with a message from the military representative guest speaker of the evening, the lowering and folding of the American flag, and the military bugle call - taps; and, WHEREAS, although most of us are very thankful, we often do not take the time to stop and reflect on the sacrifices made on our behalf, and, WHEREAS, we believe that the Naples Patriotic Moment is a unique way for Naples to pay tribute to those who serve or have served in our military, and, WHEREAS, the Collier County Board of County Commissioners would like to express its sincere appreciation to Sharon Kurgis and the Naples Patriotic Moment sponsors: Merrill Lynch and the Naples Daily News, for paying tribute to our local veterans and publicly recognizing their sacrifices and dedication to our great nation. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the months of January, February, and March 2007 be designated as NAPLES PATRIOTIC MOMENT MONTHS DONE AND ORDERED THIS 13' Day of February 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK r,gericla lienn No 4'— E" "'ru a I V , "-:. 2007 Pa-jc ', o "2 COLLIER COUNTY HOARD OF -,OUNITY COMMISSIONERS Item Number: Item Summary: Frnoia n ocs:griat,ng iin,.ar) Fel)ruary aid Mn-cr 20f0-1, a, Napies F,iirooc Moment Wicmths Pro,,iamafior v v i l l b e t cse-lec ty Sharor vw,gis Nle,w viich and P1,11 Lewis, I iapl-ls ""D " News Meeting Date: 2'1312007 900:60 AM Prepared By Us. Resnick Executive A,a,, m the BCC Date Board of County BCC Office 1'301200712:05:59 PM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County 8--C Office 1.'30t2007 1:04 PM Commissioners Approved By James V. Mudd County Manager Date Board of County C.ronussmner, County Manager's Office 1i3012007 1.29 PM Phoenix Award Program for 2 -13 -2007 Les Williams reads: Agenda Item No. 5A February 13, 2007 Page 1 of 3 The Collier County Emergency Medical Services Department adopted the Phoenix Award to recognize local first responders, who through their skills and knowledge, have successfully brought back to life individuals who have died. The "Phoenix" is a mythological bird that died and rose renewed from its ashes. We are proud to recognize the following heroes: CCEMS Lt. Anthony DelaTorre Lt. Kenneth Haberkorn PM. Michael Cossick Lt. Guy Spieth Lt. Richard McGee Lt. Patricia McLaughlin Lt. Bruno Lovo Lt. Kellie Kocienda Lt. Maryann Calero - Alicea Marco Island FD Captain Tim Warner FF Ray Ladurini FF Dustin Beatty D/E Jerry Adams D/E Paul A. MacMillian Chief Don Jones Marco Island PD Officer John Derrig Officer Wilfred Artiles Officer Kevin Hennings City of Naples FD Marc SanAngelo Warren DePree East Naples FD PM/FF Kevin Nelmes FF Harry Zafiris FF John Hoover North Naples FD Lt Gina Tulumello Lt. Ramon Chao Lt. Patricia Dixon PM. Brad Underwood EMT Christian Quintana EMT Pierre Chee BC Christian DeBiasi EMT Andrew Seager EMT Javier Rodriguez Cpt. Dean Heasley FRIPM Albert Munoz FF /PM James Jay FF /PM Daniel Fernandez FF /EMT Brian Franklin FF Brian Wertz FF Mark Bush FF Erin Espineta FF Zak Jones FF Jeff Savinsky FF Nickolas Stolts FF Richard Wagoner Golden Gate FD Battalion Chief Matthew Zaleznik Engineer Jeff Roll Firefighter Justin Beasley Les Williams Continues: Congratulations Phoenix Award Winners Agenda !Lem No. 5A ebrLiary 13, 2507 Pace 2 of 3 )7 COLLIER COUNTY BOARD OF COUNTY CONIVISSIONEFS Item Number: Item Summary: ecr.:gnr . Iccal first recporr !lets. N" io throng^ their sk. °.s ano wnor9e ge nave s�ccsssfulry to,ite ito,vid,als v,,ric have j[Fcj it. FIl'oemy is a -tythciogicE rite that died and rose renewed ii-cm it ashes Meeting Date: 2113i2^0-, 9 X1 AM Approved By Dan E Summers Bureau of Emergency Services Director Date Count, Manaoer'=. Officc Bureau of Errieraency Services 2i1i2007 10.40 AM Approved By 11).ch.cl Smyko,,Sk, Management & Budget Director Date C ,;ounty Manager'L 0,fficv Office Of Management & Budget 2,112007 4:56 -M Approved By Janes V. Mudd County Manager Date Board of County Commissioners County KI—.9cr's Office 211/2007 5:07 PM Agenda Item No. 5B February 13, 2007 Page 1 o'1'2 EXECUTIVE SUMMARY Recommendation to recognize Christopher Atchley, Craftsman, Facilities Management, as Employee of the Month for January 2007. OBJECTIVE: To obtain approval from the Board of County Commissioners to recognize Christopher Atchley, Craftsman, Facilities Management, as Employee of the Month for January 2007. Christopher Atchley, Craftsman for Facilities Management, was selected as Collier County government's Employee of the Month for January, 2007. Chris is always upbeat and energetic in whatever job he is assigned to. He treats each Department like they are his only customer, even though he has assignments all over the County. Chris responds quickly to any work order that is submitted and often comes by at the beginning of the week to check and see if the department will need anything done that week. You can tell from Chris' fantastic attitude -and constant whistling while he works- that he takes great pride in his job and is always willing to do the extra things that are asked of him. Chris EXCEEDS expectations by not only completing the assigned task, but also checks back in case something else is needed at the last minute. In the past 36 months, Chris has received over 21 letters of appreciation and commendation entered into his personnel file. The letters are from various individuals and organizations throughout the County and State of Florida. FISCAL IMPACT: The cost of this request is $150.00. Funds for this are available in the Human Resources Budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the recognition of Christopher Atchley as Employee of the Month for January, 2007. PREPARED BY: Matt Pylant, Employee Recognition Coordinator, Department of Human Resources liem No, 55 ebruary 1 . 2007 P�ipE 2 of 2 COLLIER COUNTY BOARD OF COUNTY COR KNSSIOWERS Item Number: SB Item Summary: -ieco^-nrc., aat,en tc «.., a,;i.�zu :,ivistopher ,J af;srt ar f aailiteE M w ulerent as imp loyee cf,re Nontr 10- Januar 23.7 Meeting Date: 2111 -037 9 0(: ,0 r.N Prepared By Mat; Pylant Employee Recognition Coordinator Date Admimstrahve Servicos Human Resources 2!112007 3:26'.24 PM Approved By Skip Camp, C.F M. Facilities Management Director Date !administrative Services Facilities Management 21112007 4:06 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 212/2007 7:32 AM Approved By Mienael Sn)yuowski Management & Budget Director Date County Manager's Office Office of Management & Budget 2,212007 8:26 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 2!212007 12:25 PM Commissioners Agenaa Item No. 5C February 13; 2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to recognize Mike Ossorio, Contract Licensing Officer, Community Development and Environmental Services, as Employee of the Year for 2006. OBJECTIVE: To obtain approval from the Board of County Commissioners to recognize Mike Ossorio, Contract Licensing Officer, Community Development and Environmental Services, as Employee of the Year for 2006. Mike Ossorio, Contract Licensing Officer in the Community Development and Environmental Services Division, was selected Collier County government's Employee of the Year. As one of four contract licensing officers working for Collier County government, he manages and directs all matters pertaining to Collier County licensing ordinances, researches, inspects, investigates complaints, and educates contractors about licensing requirements, policies and procedures. In 2005, Mike cited 289 unlicensed contractors and fined them $86,700. Additionally, he mediated numerous cases between homeowners and contractors and was able to collect and return $154,517 to homeowners who were engaged in contract disputes. In addition to responding to client complaints, he works closely with the City of Naples Building Department to check job sites for unlicensed activity and contractors working without permits. He also meets with local contractors to update them about changes in state laws and insurance requirements. FISCAL IMPACT: The cost of this request is $250.00. Funds for this are available in the Human Resources Budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the recognition of Michael Ossorio as "Employee of the Year" for 2006. PREPARED BY: Matt Pylant, Employee Recognition Coordinator, Department of Human Resources r' Cl@nd2 Item hdt:. - ebru lry 13. 2007 Page <' of COLLIER COUNTY BOARD OF COUNTY COMMISSlONLP,S Item Number: �._. Item Summary: Fr-,commendation t reangnize Mike Ossono Cnntra i_icensmc Offine, Cortmi.inity Development and Enwnrnmental services as Employee of the `%ear for 200(1. Meeting Date: 21131206- 9.JC.06 N.M Approved By Jean Merritt Human Resources Director Date Administrative Services Human Resources 1/18!2007 5:03 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin, 11,2912007 5.51 PM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management S Budget 1131;2007 7:50 AM Approved By Laura Damsson Management & Budget Analyst Date County Manager's Office Office of Management S Budget 1/3112007 8:39 AM Approved By Michael Snrykowski Management a Budget Director Date County Manager's Office Office of Management: & Budget 21112007 8:14 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 21112007 3.27 PM Commissioners Agenda Item No. 5D February 13, 2007 Wage 1 of 5 PRESENTATION The mandatory Non - Residential Recycling Ordinance, adopted by the Board of County Commissioners on July 27, 2004, established the Waste Reduction Awards Program, the WRAP award, to recognize businesses and institutions for enhanced and innovative recycling programs. The Board of Collier County Commissioners is pleased to recognize Imperial Health Care for their efforts to contribute to the greater good of all of Collier County by helping to prolong the usable life of the Collier County Landfill by reducing their solid waste stream through an enhanced recycling program as evidenced by: • Their recycling program began with a one cubic yard cardboard recycling container. The program was expanded in early April 2006 by adding eight 96- gallon commingled recycling containers to collect materials such as newspaper, office paper, magazine, plastic and aluminum cans. • Additionally, the company contracted with a paper shredding vendor to place the secured documents into locked containers to be shredded and then recycled. '^ • Imperial Health Care promotes source reduction by using non - disposable dishware such as drinking mugs for individual health care patients. • The health care facility practices waste reduction by buying items in bulk, which reduces packaging. • The housekeeping staff recycles all the plastics from laundry detergent and cleaning fluid containers. Imperial Health Care is an outstanding example of an institution that manages an excellent recycling program and is in compliance with the Non - Residential Recycling Ordinance. The WRAP award program includes a certificate, a trophy, use of the WRAP logo and space on the www.collierLov.net"recvlc website to showcase their waste reduction and recycling program. Therefore, the Board of County Commissioners congratulates Mr. John Hesel, Administrator; Mr. Will Boles, Assistant Administrator; Mr. Raymond Atkinson, Maintenance Supervisor and the staff of Imperial Health Care for their continued support in promoting waste reduction and recycling. Their efforts and recycling leadership is a positive example to other Health Care Institutions and will have a significant effect on sustaining the usable life of the Collier County Landfill. Fehr�ary 1. 2D07 COLLIER COUNTY BOARD QF COUNTY C ;OMN',ISSIONEPS Item Number: SCl Item Summary: f,,P ertwio,- tO the Board c,,' Ccuity or the 'A."iste Ple(JUCt10r- AIAalls to e,--(,rize 1),i, neSSEs and Mn MUMO"Ie 'of c,i!iari ed anz; rmcivaiive Meeting Date: C0 CC, AM Prepared By Janet Ty -Go Recycling Coordinator Date Public Utilities solid Waste 1121!200' 5*17:24 PM Approved By Daniel R. Rodriguez, W.D.A. Solid k`Jstc, Director Dat,, Public Utilities Solid Waste 1!2612007 9:17 AM Approved By Judith Nothdurtt Waste Reduction & Recycling Manager Date Public Utdities Solid Waste 1,2612007 3:42 PM Approved By W,.,g,e Henke Public, Information Coordinator Date Public Utilities Public Utifines Aarrarnstrat,on 1129(2007 2:29 PRO Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 113012007 9:32 AM Approved By OMB Coordinator Administrative Assistant Date County Manaqer'c Office Office of Management & Budget 1/31t2007 7:53 AM Approved By Randy Greenwald Management /Budget Analyst Date County Manager's Office Office of Management & Budget 113112007 e:03 AM Approved By Michael SIIYKo,,sk, Management & Budget Director D.ti, County Manager's Office Office of Management & Budget 1!3112007 4:39 PM Approved By James V. Mudd County Manager Date Board of County Manager's arw9er's Office 113112007 -:38 PM Commissioner, D s COLLIER COUNTY WASTE REDUCTION AWARDS PROGRAM NOMINATION FORM CRITERA A business must be located within the unincorporated areas of Collier County and have integrated new, expanded, exceptional and /or innovative recycling and /or waste reduction efforts into its solid waste management system in response to and exceeding minimum requirements of the Non- Residential Recycling Ordinance No. 2004-50. The Ordinance can be found online: www. col liercountyrecycles .com/pageslaboutBusiness. asp. Examples include but are not limited to, partnering with another agency to reuse, waste materials, increasing capture of recyclable materials from zero to 100 %, incorporating innovative methods of collection and /or processing of recyclable materials. Businesses can be self - nominated, nominated by an individual, or as the result of a site visit by County personnel. Awards will be presented four times a year in January, April, July and October. A panel of technical associates considering the waste reduction and recycling program merits, based on the program summary, will determine the awards. AWARD DESCRIPTION The Collier County Waste Reduction Awards Program includes space on the website, www.colliercountyrecycies.com, showcasing the business and its exceptional recycling/waste reduction program, use of the CCIWRAP logo including a small window display, and a recycled glass award. CATEGORIES Submit to: Collier County Solid Waste Mgmt. Dept. • Office 3301 Tamiami Trail E, Bldg. H • Institution Naples, FL 34109 Fax: 239 774 -9222 • Retail Date Business Nominee Contact Person ' `/�'a /.f ��? 'J`j,GV Category V/ c,'? Address t i.lt, Phone Nominator J : Phone Address /Affiliation -_ Ci GXy'Y+ PLEASE ./ATTACH RECYCLING PROGRAM SUMMARY (descriptive pages as needed) -r J t i.lt, ;Y �#r.. u�s4,"..#rx; Ruz-ytt 1. `>✓ s'�0 ` c� }}�G��Cy �l aj' L"' _� J ...v p, . t A NO" 1 a :s 4 <pa l fi rr u, r n e- I A ! i qI a�Yjl` 4 t� Nj P9l 4 4 H}'"' 4 u � Y. In S y 4 v s iv w " ��,4�,. .w•<.. ' d • '� "\k i i, '�jr �e 4YY'� w� 1 .F � e 'Sxq 4 F?x'Ri y to 34 T � � � ��'�� lh �y� � !! ;}raj �t�y %aa "k�a" J !w x �• a, a 1Y {Af x We I'� �I � -o t p ,. •+ t � 'Y�.at' :a. Y �';'Sr 'W.. � ,�'•F 15 "'rh + i t, r* . "" >w :: i Sao- M. ✓ ��� ,��` ,Fh � „ !' I{� ",{,, f � �b � , � r ,k;�. i. - t j � �°` M .qc a Joy F i 4 p"ly �'Mpp ^k • �' -',� � ° ,ice... gam. � rS �_�.✓ I f P �rl rnda itern No. v bru:sry 13. 21007 P <e 1 of 3 EXECUTIVE SUMMARY Recommendation to hear a presentation from the U. S. Fish and Wildlife Service regarding the use of the Panther Consultation Area in reviewing land development activities in Collier County OBJECTIVE: To have the Collier County Board of County Commissioners (BCC) hear a presentation from the U. S. Fish and Wildlife Service (USFWS) regarding the use of the Panther Consultation Area in reviewing land development activities in Collier County. CONSIDERATION: On October 19, 2006, USFWS staff briefed the BCC on how the USFWS addresses Florida panther impacts from development activities in southwest Florida. At that meeting, USFWS staff indicated that they would evaluate possible changes to the boundary of the Panther Consultation Area (Figure 1). This area is used by the USFWS to identify the area in Collier County where land development projects are to be reviewed by the USFWS for possible Florida panther impacts. FISCAL IMPACT: There is no fiscal impact to this particular agenda item. Any reduction in the boundary of the Panther Consultation Area would likely reduce the time and cost of acquiring federal permits. GROWTH MANAGEMENT IMPACT: The County utilizes letters of technical assistance from Federal and State agencies regarding impacts to listed species as required by Conservation and Coastal Management Element Policy 7.1.2.(3). Changes to federal permitting for the Florida panther would be reflected in how the County reviews land development projects that may affect the Florida panther. LEGAL CONSIDERATIONS: There are no legal considerations to the BCC hearing this presentation. RECOMMENDATION: That the Board of County Commissioners hear the USFWS presentation regarding the Panther Consultation Area in Collier County. PREPARED BY: William D. Lorenz Jr., P.E., Environmental Services Department Director Figure 1. USFWS Panther Consultation Area in Collier County Collier County Panther Areas wry, Data Source Panther keas- USFY%S Agenda Item No. uE February 13, 2007 Page 2 of 3 Created By GI CDEE / Environmental Sery tes — G %GIS rmpWanWa king m.d 0 2.5 5 10 Miles '' -` C6I1leer County GgmageslMaps&f+enalsWanAreas jpeg Date. 11117/06 2 T COLLIER COUNTY Item Number: Item Summary: re'a.. a Meeting Date: ., _.. .0 Prepared By lydililam D. -c,en, Jr.. P.E. Ecvrnnmenta' Ser-- Director Date Corn —ity Develop m cn: & En, Services Envrcnmenta: Services ,L1£; 2606112429 AM Approved By Constance RV Johnson Qpetallon8 ialolyst Date :: ar,murnty Development & Dev—oment 8 Gnvtromnerta! Services E =ivronrne:rts! Services G,mmn. 11:21;20rJG �J22 4M Approved By Mfl rtone Stewart ExecuU VC Secretary Date Community De—tcpment & C, shot —t,, Deveiopment & Environmental Services I, vrenmental Services Nc7mm_ 21 /2006 9 4- H M Approved By Com'11 UIVtL De GGb pm cnC & .loseph K. Schmitt Date [nvironmcnial Services Aummstrator Community Dervelopment& Comm. "fty Devsioomen S cnvirc rimental . I 1127i2006 6:22 oN' Approved By OMB Coordinator A jn -, tratwe Frssistant Datc County Manager's Office Office of Wanagement & Budget 1!2512006 1,01 PrO Approved By Kherk Isackson B"rt r-t Noalyst Dale :�onmty Nana¢er`s Office Ott.c' of PAanapen'vot & B.:or"Il 11 20:tODF 2.24 PM Approved By -ames V R4udd Count, 6Sanaoer Date EoarJ of Coanty Commissioners Co-nte f4anaoers Office y 1;3C.'200G 4.26 PM Agenda Hem No. 5F F:ebruary 13, 2007 Page 1 of 2 CONTRACTOR PRESENTATION FORM Board Presentation Date: February 13, 2007 Contract Number, Project Title, Proiect Number: 05 -3788, Immokalee Road Widening US 41 to I -75, 66042B Firm Name: John Carlo, Inc. Proiect Manager: John R. Conti Proiect Description: This 3.5 mile project consist of widening Immokalee Road to six lanes from U.S. 41 to I -75 ramps. A six foot sidewalk will be provided on both sides of the roadway from U.S. 41 to Medical Blvd./ S.W. Health Blvd. From that point east, a six foot sidewalk will be provided on the south side of the roadway. Work also includes adding two lanes to the airport Road Bridge and median improvements on Airport Road south of Immokalee Road. There is also extensive Utility relocation and replacement through out the project. Original Start Date: May 2, 2005 Notice to Proceed Issuance Date: Original Completion Date: November 18, 2007 Revised Completion Date: January 23, 2008 Reason(s) for Variance: Days added for Hurricanes (Dennis and Wilma), extra work for design changes, unforeseen conditions and for Utility conflicts. Actions Planned /Taken to Minimize Variance: Original Budget: $26,947,099.43 Revised Budget: $27,395,143.71 Reason(s) for Variance: Additional money needed for changes due to added work, unforeseen conditions and Utility conflicts. Actions Planned /Taken to Minimize Variance: Current Proiect Status: Milestone 1 (I -75 to Livingston Road) is complete. They have completed the utility work in milestone 2 (Livingston Road to Airport Road), the additional lanes on Airport Road Bridge, and most of the widening work. They are currently working on curb and gutter, sidewalk, sodding, street lights, and signals. Note: There is a claim pending from the contractor for 220 days and 1.1 million dollars due to FPL delays and another claim for $500,000.00 for issue of payment for Utility line fittings. To date claims are not resolved and litigation is pending. Nqcrid,,i 1',Pr, Ni� 5' r b r Ll it 20 ') 7 2, of 2, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: F ,eo pleSerl-Lation Immokale a"I E-uans cri L, 41 [C, l-', ','Frnp .: n1de r,,oject presented 0,, Jonn Carlo nc Meeting Date: 2 /1 3 /2C0; b 00 0'- 1,10 Prepared By John R. Conti Field Engineering Inspector Date Engineering and Transportation Services 11181 "1007 111812007 11:24,02 AM Approved By Steve Carrell PurchasincjtGcnerai Svcs Director Dale Administrative Services Purchasing V1812007 121:18 PW,, Approved By Norm E. Feder, AICP 1 rarspo�,atton Division Administrator Date Transportation Scryice,, Transportation Services Admir, 1;23/2007 4:03 PM Approved By Lisa Taylor ManayernentfBuaget Analyst Date Transportation Services Transportation Administration 112612007 2:37 PM Approved By Slevt, Ritter Field Engineering Inspector Date Transportation Engineering and Transportation Services 112912007 1'.38 PM Construction Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1!2912007 2:28 PM Approved By N41el, Ahr,ad Director Date Transportation Engineering & Services Construction Management 11301207 4: S1 PM Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 1131/2007 12:19 PM Approved By Pal, Lennhard Executive Secretary Date Transportation Services Transportation Services Adrnin 1/31,'200' 1:56 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & budget 1131,12007 3.26 PM Approved By Susan Usher Senior VanagernentiBudget Analyst Date Cisunity Mn.,gc,'s Office Office of Management & Budget 2,2/2007 12:39 -M Approved By Michael Smykowsk, Management & Budget Director Date County Manager's Office Office of Management & Budget 212!2007 2:47 PM Approved By Jaynes V, [Rudd Counts, Manager Date Board of County Ciunty Manager's Office 212+2007 3:l1 PM Commissioners Agenda Item No. 7A FebrUary 13, 2007 Page 1 of 37 EXECUTIVE SUMMARY SV- 2006 -AR -9962: Wal -Mart Stores East L.P., represented by Boice -Raidl -Rhea Architects, requesting variances to Section 5.06.04.C.a. to allow 13 additional wall signs in the Wal -Mart Super- center. The subject property is located at 5420 Cormorant Avenue, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the advisability of a request for sign variances to permit thirteen wall signs and 569.49 square feet of sign display area in addition to the CP number of signs and sign display area allowed in the Land Development Code (LDC), and to make sure that the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject property is located on the south side of Immokalee Road (C.R. 846), at 5420 Cormorant Avenue in the Donovan Center PUD. The existing subject building, a Wal -Mart Super- center has three wall signs with a total of 119.82 square feet of display area. The applicant seeks a variance from Section 5.06.04.C.4. of the Land Development Code (LDC), to permit thirteen additional wall signs, and a variance from Section 5.06.04.C.4.a. to permit an additional 569.49 square feet of sign display area. Upon consideration of the comments and the recommendations of the CCPC, the applicant has reduced the number of signs and amount of square footage that they are requesting for variances. Their amended request is for a variance from Section 5.06.04.C.4. of the LDC to allow four additional wall signs rather than their original request for thirteen wall signs, and a variance from Section 5.06.04.C.4.a. to permit an additional 195.85 square feet of sign display area rather than their original request for 569.49 square feet of sign display area. Please see attached letter from the applicant and updated plans of the proposed four signs. A full analysis of the sign variance request is included in the Staff Report. Staff is required to examine whether the request meets the intent of the sign code as well as how it relates to the variance criteria. Staff's analysis concludes that the request for additional signs is not in harmony with the general intent of the LDC and the objective of its sign section. There are no special needs and circumstances in regards to the subject's building size that are not specifically addressed in the LDC, and there are no ameliorating factors in this request. FISCAL IMPACT: The variance, by and of itself, will have no fiscal impact on Collier County public facilities. WAL -MART, SV- 2006 -AR -9962 EXECUTIVE SUMMARY Pagel of3 Agenda item i``i0. 7A February 13. 2OL,7 GROWTH MANAGEMENT IMPACT: The subject property is located in the Urban Designation, Interchange Activity Sub - district of the Future Land Use Map of the Growth Management Plan (GMP). The GMP does not address individual variance requests; it focuses on the larger issue of the actual use. The actual Donovan Center PUD is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. AFFORDABLE HOUSING IMPACT: The subject Sign Variance petition does not have an impact on the goals, objectives and policies of the Housing Element of the GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES: The Environmental Advisory Council (EAC) does not normally hear sign variance petitions, and did not hear this petition. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the request on December 7, 2006 and with a vote of 7 -1, forwarded this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval for three of the thirteen requested signs. Commissioner Tor Kolflat had the dissenting vote. The three signs that were recommended for approval by the CCPC are the following (see attached plan A -2.2 from Boice -Raidl -Rhea Architects, dated 1/28/04): "Food Center ", labeled as sign "12 ". "Pharmacy Drive- Thru ", labeled as sign "18 ". "Garden Center ", labeled as sign "20 ". Since this petition did not receive unanimous approval from the CCPC and because their recommendation of approval is only for three of the requested thirteen signs, this item has not been placed on the Summary Agenda. Staff analysis of the CCPC recommendation: The CCPC based their decision to recommend approval of three of the requested signs because they consider those three signs to be directional and not advertisement. They noted that these three signs would better direct Wal -Mart customers within the site. The LDC defines advertising signs as "a sign directing attention to a business, commodity, service, ^` or entertainment conducted, sold or offered, either on- premises or off - premises." (LDC Section 1.08.02., "Definitions "; "Sign, advertising ".). Stuff analysis of the signs that the CCPC recommended for approval is that these signs would attract attention to the Wal -Mart building, the WAL -MART, SV- 2006 -AR -9962 EXECUTIVE SUMMARY Pabe 2 of 3 Aaerida Item Nio. 7A February 13 . '0.'(j7 Page '3 o` 37 Wal -Mart's type of business, and Wal -Mart's services and goods that are offered and sold within this commercial use building. Furthermore, directional signs, as defined in the LDC, are not counted toward the maximum amount of signs and display area allowed in the LDC. The Wal -Mart building already features 2 "Enter" and 2 "Exit" directional signs that were permitted and do not count towards the maximum amount of signs and display area allowed in the Wal -Mart building. Staff concludes that these three signs fit the definition of advertising signs in the LDC and are not directional signs, and as such, their number and display area would be beyond what is allowed in the LDC. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Collier County Planning Commission (CCPC) and the Board of Zoning Appeals (BZA) must be based. The legal considerations are reflected in the CCPC evaluation of the eight (8) listed criteria in Section 9.04.03 of the LDC. These evaluations are completed and have been incorporated into the attached Staff Report. The BZA must utilize the 8 criteria in considering a variance petition (see professional planning staff analysis). This analysis appears on pages 7, 8 and 9 of the Staff Report. There will be additional evidence presented by the petitioner and members of the public may speak at the hearing on this item. The Board must also take into consideration that testimony as it relates to GMP consistency and the 8 standards for consideration for the variance. The BZA may impose reasonable stipulations, safeguards, or restrictions upon the variance. These stipulations, restrictions or safeguards include those requirements necessary to protect adjacent or nearby properties from any adverse impacts of the variance. A simple majority is required to approve a variance. STAFF RECOMMENDATION: Staff has determined that the request is not in harmony with the general intent of the LDC and the objective of the sign section. There are no special needs and circumstances in regards to the subject's building size that are not specifically addressed in the LDC, and that there are no ameliorating factors in this case. Based on the analysis of the guidelines associated with the subject variance request, staff recommends that the Board of Zoning Appeals deny Petition SV- 2006 -AR -9962. PREPARED BY: Carolina Valera, Principal Planner Department of Zoning & Land Development Review WAL -MART, SV- 2006 -AR -9962 EXECUTIVE SUMMARY Page 3 of 3 ifem No -(A e,)r uary 1 Page 4 of 7 COLLIER COUNTY BOARD OF COUNTY COMI'VIISSIONERS Item Number: Item Summary: Itc,-, eqi0re.1, t, W ar. part: its rA smorr In a, 1 rix carte ciis,, qsu,e Le iiaec by oririiissiort rlienir,&rs SV 2-,101 -,R 991—', -Na--Mal: Stores Easy L � represeritro by eo,oe- RaiJl R'16a ArCtWectS re-,ue�jjr,P van311 t" -�Ct'D 5 0' ';4 C a to ai:ov, 13, aerj,tic)ral wal Sl- T r o s e�! 01F ',Ala� M�ir* v, I � ) p perty is lotateu f)4i,, Corriciant i1 vGnue ir. SE.cti,)r 30 1 owpShl , 4F South Rang, `f> Las! Collier C-oumy Floc da Meeting Date: 211372007 9 0060 iM Prepared By Carolina Valera Urban Dosipn Planner Date Community Development & Environmental Services zoning & Land Development Review 17261200' 2:48:05 PM Approved By Community Development Joseph K. Schmitt Date Environmental Services ALminstrator Community Development & Community Development & Environmental Services Environmental Services Admin. V29,'2007 E:513 AM Approved By Jeff Ktatzko. Assistant County Attorney Date County Attorney County Attorney Office '129120137 11:57 AM Approved By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 113012007 8:46 AM Approved By Susan Murray, A!CP Zoning & Lznd Development Director Date Community Development & Environmental Services Zoning & Land Development Review 1/;112007 3:12 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 21112007 8:22 AM Approved By Marlene Stewart Executive Secretary Date Community, Development & Community Development Environmental Services Environmental Services Admin. 21V2007 9:26 AM Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Office of Management & Budget 21112007 4A8 PM Approved By Mark Isackson Budge-, Analyst Date County Manager's Office Office of M.11aci.meril & Bodoet 2f2!- *1007 525 PM Approved By James V Mudd Courty f,',,nayer Date Board of County County �ountv Manager's Office 21312007 9:15 AM r-eurua-yE 13 2 Qv7 RIRIR pace 5o architecture December 20, 2006 Carolina Valera Collier County Community Development Dept. of Zoning and Land Development Review 2800 N. Horseshoe Drive Naples, FL 34104 239 - 659 -5729 Re: SV- 2006 -AR -9962 Dear Carolina — Enclosed please find updated A2 and A2.2 sheets detailing our revised sign variance request. Upon consideration of the comments made at the CCPC meeting on 12/7/06, we have reduced the number of requested signs to four. We would like to add the following signs to the front fa5ade of the building (all signs will face Cormorant Avenue): "Food Center "; "Retail Center"; "Garden Center "; "Pharmacy Drive- Thru ", The first three signs listed will be placed over entryways into the building that currently have no signage to direct the public. The fourth sign will be placed upon the pharmacy drive -thru that Is currently unidentified. If you have any questions about our updated variance request, please do not hesitate to call. Sincerely, i N � �� l' %i E- 04 Chelsea Covington Maass BRR Architecture 6700 Antioch Suite 30D Merriam, KS 66204 913 - 236 -3430 www.brrirch.com 6700 Antiodi Piaza, Suite 300, Merriam, KS 66204 MAIN 913 - 262 -9095 FAX 913 - 262 -9044 kansas city i benlonvllle I phoenlx I tampa I mlaml Zy A g IA A . 1 � b W' �M � � ■t ; }� ■ ■1t A g IA A |' \|g| � � ; \ z c glcn z cc T 8 LJ F- v) X uj C: 9 Ln / ��! r L� Lf LL v G LIj 2 uj (n LLI v) z Ld z w V) -lui LU /�� V) 51; % x + ,4-� � r- r- r. o cn ao I CD - iU a- CD I� LL ftl � � Q W V J �L z I W G � II t� 00 LM M (,n a Ln W N C I Q0 0 N I N O ILM F:oeiida Item No. 7A February 13, 2007 Page 10 of 37 RESOLUT10N NO. 07- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV- 2006 -AR -9962, FOR A VARIANCE TO THE MAXIMUM NUMBER OF WALL SIGNS AND SIGN DISPLAY AREA SIGNS ALLOWED PURSUANT TO SECTION 5.06.04 OF THE LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED IN THE DONOVAN CENTER PUD, LOCATED IN SECTION 30, TOWNSHIP 48S, RANGE 26E, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being Elie duly elected constituted Board of Elie area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of granting a sign variance for thirteen wall signs and 569.49 square feet of sign display area in the Wal -Mart Supercenter•, located in the Donovan Center PUD, Section 30, Township 48S, Range 26E, Collier County, Floridn. The wall signs require a variance from the maximum number of wall signs permitted in retail business with a floor area larger than 25,000 square feet pursuant to Section 5.06.04.0.4 of the LDC. The display area requires a variance from the maximum number of display area for signs as petmitted in Section 5.06.04.C.4.a; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have not been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.03 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties havo been given opportunity to be ])card by this Board in public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that Petition SV- 2006 -AR -9962, filed by Chelsea Covington of Boice -Raidl -Rhea Architects, representing Wal -Mart Stores East, L,P., with respect to the subject property described in Exhibit "A ", in Section 30, Township 48S, Range Page I of 2 Agenda item No. 7A - ebruary 13, 2007 Page 11 of 37 26E, Collier County, Florida, is hereby denied for variances from the maximum number of wall signs permitted in Section 5.06.04.CA and 5.06.04.C.4.a of the LDC. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2006 -AR 9962 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this _ day of 2007. ATTEST: DWIGHT E. BROCK, Clerk By. Deputy Clerk Approved as to f017n and kfalkulicicncl j County Attorney SV- 2006 -AR -9962 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Page 2 of 2 agenda 11 'em No. 7A February 13, 2,307 Paue 12 of 37 Cot- e-r County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: DECEMBER 7, 2006 SUBJECT: PETITION SV- 2006 -AR -9962, WAL -MART PROPERTY OWNER/AGENT: APPLICANT: Wal -Mart Stores East L.P. 2001 Southeast 10th Street �.. Bentonville, AR REQUESTED ACTION: AGENT: Chelsea Covington Boice -Raidl -Rhea Architects 6700 Antioch, Suite 300 Merriam, KS The applicant is requesting a variance from the maximum number of signs and wall sign area allowed in Section 5.06.00 of the Land Development Code (LDC), to permit additional wall signs in the existing Wal -Mart Supercenter located in the Donovan Center PUD. GEOGRAPHIC LOCATION: The subject site is located on the south side of Immokalee Road (C.R. 846), at 5420 Cormorant Avenue in the Donovan Center PUD, located in Section 30, Township 48 South, Range 26 East, Collier County, Florida. (See location map on the following page.) PURPOSE /DESCRIPTION OF PROJECT: The existing Wal -Mart building has three wall signs with a total of 119.82 square feet of display area. The applicant seeks a variance from Section 5.06.04.C.4. of the Land Development Code (LDC), to permit thirteen additional wall signs; and a variance from Section 5.06.04.C.4.a. to permit an additional 569.49 square feet of sign display area (See pages 4, and 5, sheet A -2 and excerpt from sheet A -2.2 from Bo ice-Raidl- Rhea Architects, dated June 15, 2006, depicting - existing and proposed signs and building elevations). SV- 2006 -AR -9962 Page 1 of 10 W s' i L 4 1 ---1 , r rrsurl .< I jj Ir Ic 17 04. A-low, 6. L SV-2006-AR-9962 Page 2 of 10 CL z z 0 N L _L z C) C) _j IC DIF � 7 o. W s' i L 4 1 ---1 , r rrsurl .< I jj Ir Ic 17 04. A-low, 6. L SV-2006-AR-9962 Page 2 of 10 CL z z 0 N L _L z C) C) _j IC DIF � 7 Agenda Item N0. 7A Februa -y 13, 2007 ?age '4 Y 37 Section 5.06.04.C.4. of the LDC allows a maximum of three wall signs to retail businesses with a floor area larger than 25,000 square feet. Section 5.06.04.C.4.a. of the LDC further allows the display area of the three signs to a maximum of 250 square feet for buildings over 60,000 square feet in area. The applicant seeks a variance to permit ten additional wall signs on the west facade of the building, which faces Cormorant Boulevard. These signs are identified as "8 ", "9 ", "10 ", 6412 ", "13 ", 4614 ", "15 ", "16 ", 4417 ", and "20" on the proposed plan. These signs represent an additional 230.29 square feet of display area on the west facade, which combined with the existing signs would result in a total of 459.29 square feet of display area. On the south facade of the building that faces the residential portion of the Donovan Center PUD, the applicant seeks variance for three additional signs: two "18" wall signs as identified on the plan, and one 40.2 square foot "Wal -Mart" sign. These signs represent an additional 110.2 square feet of display area on the south facade. The existing three wall signs and the additional thirteen wall signs represents a total of 689.31 square feet of display area for the whole building. SURROUNDING LAND USE AND ZONING: North: Immokalee Road (C.R. 846), then the Pelican Strand PUD. South: The residential portion of the Donovan Center PUD and Bosley PUD (vacant property) then the Collier Regional Park zoned CU. East: Breezewood PUD (vacant property) then I -75. West: Stiles PUD, and the Livingston Lakes PUD (vacant properties). wno - wa +a nso p..-Mp �n YMV. a Lr^ PJL'd1O ,K war uaa+wi w I I � ZONING MAP SV- 2006 -AR -9962 Page 3 of 10 -;�r P. , L. 4 4 . k ---- 111 f mod, L- 4 T FCC SV-2006-AR-9962 Page 4 & 10 Acenda Am No, 7A Web�aj 11 007 Page S of 37 06 ua fill G Cr� 1F f G B Bill& mo, II i L- 4 T FCC SV-2006-AR-9962 Page 4 & 10 Acenda Am No, 7A Web�aj 11 007 Page S of 37 06 ua Agenda Item No. 7A FebrUary 13, 2007 Page 16 of 37 19 p n-4 T L is it JU IF SV-2006-AR-9962 Page 5 of 10 l +, i i.:Ci'i v0. 74 February Pa:)e 1�( Gf 3 r r' AERIAL GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Designation, Interchange Activity Sub - district of the Future Land Use Map of the Growth Management Plan (GMP). The GMP does not address individual variance requests; it focuses on the larger issue of the actual use. The actual Donovan Center PUD is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. SV- 2006 -AR -9962 Page 6 of 10 Agei.aa !tern No. 7A February 13. 2007 Page 18 of 37 ANALYSIS: Section 9.04.00 of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 9.04.03.A through 9.04.03.H, which are general guidelines to be used to assist the Commission in making a determination. Staff has analyzed this petition and offers the responses to the items in Section 9.04.03 as follows: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure or building involved? No, there are no special conditions or circumstances in regards to the above criteria. The applicant maintains that the variance is necessary due to the size of the building. However, the LDC includes provisions that allow an extra wall sign for buildings over 25,000 square feet in area and additional sign display area for different sizes of buildings: 150 square feet of display area for buildings up to 24,999 square feet; 200 square feet of display area for buildings up to 59,999 square feet; and 250 square feet of display area for buildings over 60,000 square feet in area. b. Are there special conditions and circumstances which do not result from the action of the applicant, such as pre- existing conditions relative to the property, which is the subject of the variance request? No, there are no special conditions or circumstances in regards to the above criteria. The applicant cites the existing building as a pre - existing condition. However, the provisions of the LDC in regards to the maximum number of allowed wall signs and display area, and from which variances are being sought, are the same as the ones in place when the existing subject structure was built. C. Will a literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? No. Unnecessary and undue hardship, as well as practical difficulty will not result from the literal interpretation of the LDC due to the fact that the existing subject building displays three wall signs: one sign facing Immokalee road (north facade); two signs facing Cormorant Avenue (west facade); four directional wall signs facing the residential portion of the PUD (south facade); and an additional wall sign on the west facade to advertise for a tenant that leases space inside the building. The applicant maintains that the additional wall signs are necessary to provide equivalent opportunity to be identified as a merchant compared to a smaller business that is closer to the roadways. As discussed above, the LDC has provisions for additional wall sign and display area for larger buildings. The applicant also states that the additional wall signs will promote safety and convenience by providing extra direction and avoid an unsafe environment by providing ease of identification. The provisions contained in the LDC promote health, safety, and general welfare. SV- 2006 -AR -9962 Page 7 of 10 A.-eIIC'a it M !',JO. 7A ek7 r,:ary Page 19 o ;;7 d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. The existing subject building displays the number of wall signs and display area that meet the requirements of the LDC, and which. in staffs opinion, makes possible the reasonable use of the building. The applicant maintains that the variance will provide equivalent opportunity to be identified as a merchant compared to a smaller business that is closer to the roadways as well to aid, inform and direct people within the site. In staff s opinion, the existing allowed wall signs promote standards of health, safety and welfare. e. Will granting the variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. The granting of the variance would allow a project site with an increased amount of wall signs and display area, thus conferring a dimensional departure from the Land Development Code requirements. The applicant maintains that the requested variance will provide equivalent opportunity to be identified as a merchant compared to a smaller business that is closer to the roadways as well to aid inform an direct people within the site. However, the sign section of the LDC has provisions for additional wall signs and display areas for larger buildings. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No. Section 5.06.0l.A of the LDC lists five objectives regarding signs, which are as follows: I . Compatible with their surroundings. 2. Designed, constructed, installed and maintained in a manner which does not endanger public safety or unduly distract motorists. I Appropriate to the type of activity to which they pertain. 4. Are large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property and small enough to satisfy the needs for regulation. 5. Reflective of the identity and creativity of the individual occupants. The provisions of the LDC promote all the above objectives. The additional signs do not promote objective 1. The proposed signs are not compatible with the number of wall signs and display area allowed in surrounding commercial buildings. Furthermore, additional incompatibility exists with properties to the west and south of the subject site that are residentially zoned and where buildings do not display wall signs. The additional signs do SV- 2006 -AR -9962 Page 8 of 10 Agenda Item No. 7A rebruary 13; 0-007 Page 20 of. 37 not further promote the above objectives. Therefore, approval of the variance would have a negative effect upon the neighborhood. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. The above criteria does not apply to the subject site. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will be consistent with the GMP since it will not affect or change the requirements of the Growth Management Plan. Staff has analyzed the guidelines associated with the variance request, and has determined that the request is not in harmony with the general intent of the LDC and the objective of its sign section; there are no special needs and circumstances in regards to the subject's building size that are not specifically addressed in the LDC; and that there are no ameliorating factors in this case. No correspondence or letters of objection have been received. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions, and did not hear this variance. RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition SV- 2006 -AR- 9962 to the Board of Zoning Appeals with a recommendation of denial. SV- 2006 -AR -9962 Page 9 of 10 PREPARED BY: CAROLINA VALERA, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: JEFFREY A. KLATZKOW ASSISTANT COUNTY .ATTORNEY RAYMOND V. BELLOWS, MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION MARK STRAIN, CHAIRMAN SV- 2006 -AR -9962 Page 10 of 10 DATE DATE DATE DATE DATE DATE Paav 21 of 7 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLUERGOV.NET _ Agenda item No. 7A February 13. 2.07 Pane 22 of 37 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 VARIANCE PETITION Dimensional � Sign SV- 2006 -AR -9962 PROJECT #20020600] 7 DATE: 6/22/06 CAROLINA VALiCRA PRE - APPLICATION MEETING NOTES f c & SUBMITTAL CHECKLIST I Date: ! .aTime: C� Assigned Planner: �1,62c%t_. Project Name: Project Addr /Location: �'`� � `- JR.M &f 04-;pt- Applicant Name: _f 11 V l J%V Phone: Firm: "'`�1� Jam. 5�..�'S CJ r Type of Petition: Owner Na Current Zoning: �� Owner Address: 0SD1 16 E Phon Meeting Attendees: (attach Sign In Sheet) SUBMITTAL REQUIREMENTS: IS copies of completed Application Addressing Checklist signed by Addressing Dept I. Pre - application meeting notes 15 copies of Conceptual Site Plan 24" X 36" plus (one 8 1/2 X 1 1 copy) Survey of property showing the encroachment (measured in feet) Completed Owner /Agent Affidavits, Notarized 2 copies of Deed Location map 5 copies of Aerial Photograph (taken within the previous 12 months) Electonic copy of all documents and plans (CDROM or Diskette) ❑ Historical Survey or waiver request Property Owner Advisory Letter and Certification Pre - application Fee $500.00 (Applications submitted 9 months or more after the date of the last re -app meeting shall not be credited towards application fees and a new pre - application meeting will be required.) Review Fees: A 2OC;7 c = of 'J7 ❑ $2000.00 Residential ❑ $5000.00 Non - Residential $2000.00 Sign Variance $729.00 Estimated Legal Advertising Fee - CCPC Meeting $363.00 Estimated Legal Advertising Fee - BCC Meeting (any over- or under- payment will be reconciled upon receipt of Invoice from Naples Daily News). ❑ $1600.00 EIS Review OTHER REQUIREMENTS: El EJ NOTES: LDGZlj AgetzflOwner Signature Date 2 viaAV CIO 0 Z LU uj LL. 0 -01 CL tSi 0 Cl 06 0 0 LZ k I cr LU z Z LU CL 0- E z a 2 LU I.- z z (D 0 0 'Ili k I LU z Z LU CL 0- E z a 2 LU I.- z z (D 0 0 k I 'IT cl� 2 Lo 0 LU LLJ m V) Z Z T CL CJ N-1 ui LU LU O 3: ui 4A ce 0 z 0 us ,mac e 'IT cl� 2 Lo 0 LU LLJ m V) Z Z T CL CJ N-1 'oen'a ie r, Nc. 7,A ADDRESSING CHECKLIST ;:7e`}rua -y 3, 22,07 Page of 37 Please complete the following and submit for review to the Addressing Section at 2800 North Horseshoe Drive or fax to (239) 659 -5724, Not all items will apply to every project. Items in bold type are required. ired. Completed addressing checklist is required at the Pre - Application meeting. 1. LSal description of subject property or properties (copy of lengthy description may be attached.) 2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description if more than one) r nn 0 1 g R r,)., 6 S nn t) 3. Street address or addresses (as applicable, if already assigned/) 4. 5. 6. Location map, showing exact location of project/site in relation to nearest public road right -of -way (attach) Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) Dro ect name (if applicable) 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS /SITES ONLY) SDP 9. Petition Type — (Complete a separate Addressing Checklist for each Petition Type) ❑ SDP (Site Development Plan) ❑ PPL (Plans & Plat Review) ❑ SDPA (SDP Amendment) ❑ PSP (Preliminary Subdivision Plat) ❑ SDPI (SDP Insubstantial Change) ❑ FP (Final Plat) ❑ SIP (Site Improvement Plan) ❑ LLA (Lot Line Adjustment) ❑ SIPI (SIPI Insubstantial Change) ❑ BL (Blasting Permit) ❑ SNR (Street Name Change) ❑ ROW (Right -of -Way Permit) ❑ Vegetation/Exotic (Veg. Removal Permits) ❑ EXP (Excavation Permit) ❑ Land Use Petition (Variance, Conditional Use, ❑ VRSFP (Veg. Removal & Site Fill Permit) Dock Ext., Rezone, PUD rezone, etc.) ❑ TDR (Transfer of Development Rights) Otat her - Describe: !\10• r i a_�AC -' 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11, Please Check One: Checklis ,is to be Faxed Back ❑ Personally Picked Up 12. Applicant Nameae -",p a Phor Fag l -go�1-( 13. Signature on Addressing Checklist does dot constitute Project and /or Street Name approval and is subject to further review by the Addressing Section, SV- 2006 -AR -9462 _ FOR STAFF USE ONLY Primary Number 5 9 r' Address Number Address Number Address Number PROJECT 42002060017 DATE: 6/22/06 CAROLINA VALERA Approved __ _ G 7 ate /� �� COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 6968 Aaenca Item hJo. 7A February 13, 2007 2800 NORTH HORSESHOE DRW- 26 of 37 NAPLES, FLORIDA 34104 (239} 403 -2400 FAX(239)643- SIGN VARIANCE PETITION LDC Section 9.04.00 PETITION NUMBER (AR) SV- 2006 -AR -9962 PROJECT NAME PROJECT #2002060017 DATE: 6/22/06 PROJECT NUMBER CAROLINA VALERA DATE PROCESSED COORDINATING PLANNER ABOVE TO BE COMPLETED BY STAFF 'APPLICANT /::OWNER INFORMATION __ PETITIONER'S Z i (( PHONE L-L2 1--�--- g5jb__CELL #-- N- /A ----------- ------------------------ E -MAIL ADDRESS:_A_t____ AGENT:_?�� ------ FIRM: NAME: FAX(J41 -9) ao94 - Qa o 5 ADDRESS:[O'f1Q AjnjjLC-jg, Su J-6 SOU 0ty me- ^�''�. LM State ZIP a(920y_ PHONE \__ -- _CELL # &2`1 &L =Apl-: -3- _ -- -FAX E -MAIL ADDRESS_��V/ -18j:ji2 ___��X.L"�,r� L__�Uf!Vi --------------------- - - - - -- Application for Sign Variance Petition - 9/04, rev. 9/21 /04 31 2'u 7 r aae 27 of v7 Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. LEGAL DESCRIPTION OF SUBJECT PROPERTY — SECTION /TOWNSHIP /RANGE:_ � /___' -a-1 __ -- -- PROPERTY I.D.# UNIT ,O - - -- BLOCK--- - - - - -- LOT ---------- METES & BOUNDS DESCRIPTION: ------------------------------------------------------------------------------- - - - - -- ADDRESS OF SIGN LO�C,A�T,IION: Ave ------------------- - - - - -- CURRENT ZONING ____ ____________LAND USE OF SUBJECT PARCEL: ngth & Heigh of w II u oawhich the Sign will be secured: U Width of Subject Property: (Road Frontage) NATURE OF PETITION (If Wall Sign) Provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce setback from 15' to 10'; why encroachment is necessary; li,�A) pvis+inn encrnarhmont came to %o• ntr 110 YV a i, I X t I'.Iv ��t��.I lL 1. 1 L. ke%; \. r Application for Sign Variance Petition - 9/04, rev. 9/21/04 Agenda Item No. 7A February 13, 2307 Pane 28 of 37 Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria 0 -6). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. O w OA --�- -a c.1,0 . 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre- existing conditions relative to the property which is the subject of the variance request. �1 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Application for Sign Variance Petition -- 9/04, rev. 9/21 /04 F !1- NO. i,`1 - -?- > Gs.2.,-- -SLe -- 0--d -a _&------------- - - - - -- ---------------------------------------------------------------------------------- 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. - lose - &eQ C------------------------------------ - - - - -- ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. P(Qase, 6, Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. ------------------ ----------------------------------------------------------------------------- Application for Sign Variance Petition - 9104, rev. 9/21/04 Agenda item No. 7A February 13, 2007 Page 30 of 37 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Pte asp sp o a--- -acEeGL 8. Will granting the variance be consistent with the growth management plan. Application for Slgn Variance Petition - 9/04, rev. 9/21/04 cc er,Cl`7 item No. 7A eba;ary ? 1 11007 i`P,aae 31 of .17 Narrative Wal -Mart Supercenter Naples (1 -75), FL #5391 -00 Located at 5420 Cormorant, Naples, Collier County, FL Variance Petition - Signs LDC Section 9.04.00 Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1 -6). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Summarized Evidence: Due to the unique size and shape of the structure and development, the requested variance for additional building signage is necessary to adequately provide direction to and within the development. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre - existing conditions relative to the property which is the subject of the variance request. Summarized Evidence: The unique size and shape of the structure and development are special conditions which do not result from the action of the applicant. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant, Summarized Evidence: Due to the large size of the structure and development, and the distance from the roadways, the request for additional building signage Is necessary to allow the applicant signage that provides an equivalent opportunity to be identified as a merchant compared to a business whose building is much smaller and closer to passing motorists. The additional building signage requested is necessary to provide customers with direction to the development as well as to identify the services offered within, promoting safety and convenience. The resulting hardship created by not permitting the proposed building signage is the potential that consumers will not be able to easily identify the development and the uses within, and therefore an unsafe environment shall be created on the roadway and in the parking lot. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Summarized Evidence: The variance requested is the minimum variance required to provide the applicant with building signage that provides an equivalent opportunity to be identified as a merchant compared to a business whose building is much smaller and closer to passing motorists, as well as to aid in informing consumers of the uses offered within and directing them to the uses which they seek. Agenda Item No. 7A February 13, 2007 Page 32 of 37 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. 6. Summarized Evidence: The variance requested shall not confer n the petitioner any special privilege that Is denied to other lands, buildings, or structures in the same zoning district, but will provide the applicant with building signage that provides an equivalent opportunity to be identified as a merchant compared to a business whose building Is much smaller and closer to passing motorists, as well as to aid in informing consumers of the uses offered within and directing them to the uses which they seek. 7. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Summarized Evidence: The intent of the ordinance limiting the number and square footage of building signs within the district appears to be to reduce the visual clutter while maintaining an aesthetically pleasing environment in the neighborhood. The proposed building signage, while it exceeds the set limitations, has been designed to identify the development from the roadway, creating less confusion and maintaining public welfare, thereby providing a safer shopping experience. The building slgnage also provides directional and informational signs, which shall be visible within the parking area to better guide consumers and help to identify the services offered within, promoting safety and convenience. Additionally, the building signage has been created as an architectural feature, which visually breaks the long expanse of the building exterior. 8. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Summarized Evidence: There are no natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. 9. Will granting the variance be consistent with the growth management plan. Summarized Evidence: The Collier County Growth Management Plan is clearly intended to promote the public safety and well being of Collier County residents. Due to the informative and directional nature of the requested sign plan, this requested variance is consistent with that ideal. -nruar} `3 'D� ,7 age 33 of 37 AFFIDAVIT Well, ___ _____ __ _____ ______ ____ __ _ _ __ being first duly sworn, depose and say that well am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this 'applicatian, inccluding-- the- - disclosure - of interest information; -all sketches; data- and - other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required Information has been submitted. As property owner Well further authorize ------- �V— On __ to gcf-as our my representative in any matters regarding this Petition. _ ___ __ _ Sr n ;ture of P perty Owner- -- - Signature of Property Owner — - - - - - -- -------------------------------- Typed or Printed Name of OwnerJ�Y Typed or Printed Name of Owner iQrS; The foregoing instrument was acknowledged before me this _ -_ day of a,,, , 20_¢ Vie, by __ - °_ �` — J. ' & �1� Z --- who is personally known to me or has produced ------------------------ as identification. State of (Signature df Notary Public - State of Ftarlda) County of Ba-�'70&1 ,4v'Xcx n .sGs THIA C. BRADLEY OTARY PUBLIC" SV- 2006 -AR -9962 [Sla:teof rkansas, Ben ton County PROJECT #2002060017 mission Expires 0 i 12014 DATE: 6/22/06 CAROLINA VALERA ---------------------------------- (Print, Type, or Stamp Commissioned ivar�ie of Notary Public) Application For Sign Variance Petition - 9/04, rev. 9121 /04 Agenda item loo. 7A February 13, 2007 Page 34 of 37 DELEGATION OF SIGNATURE AUTHORITY Wal -Mart Stores East, LP I, J. Robert Bray, being a Senior Vice President of WSE Management, LLC, a Delaware limited liability company, the General Partner of Wal -Mart Stores East, LP, a Delaware limited partnership, do, pursuant to Article 3, Section 3.3 of the operating agreement (as shown in italics below) and the Limited Liability Company Act of Delaware, Del. Code Ann. Tit. 6 §18 -407, hereby delegate to John E. Clarke authority to execute all instruments requiring execution by WSE Management, LLC, in connection with the purchase, sale or leasing of real estate or the construction thereon, including but not limited to all contracts, checks or demands for money, notes, bonds or other obligations, and mortgages on behalf of WSE Management, LLC. Article 3, Section 3.3, Management rights of Assistant Managers .The. Assistant Managers shall be entitle to exercise all of the rights, authority and powers of the Manager under the LLC Act and under this Agreement if and to the extent that the Manager fails to provide otherwise in writing. Wal -Mart Stores East, LP By: WSE Management, LLC, General Partner J. rt Bray Senior Vice President Subscribed and sworn before me this day of YO A , 2006. N NQTAF, SEAL t 1" n. Notaiy Pubfic �� It My commission expires: [Notary Seal) 1 ` apprvv o 4 rrtis only by WAL- A T. LEGAL PT. 6 Ater. ___? zcs� Ep- F 45 11 �r r, SIGN VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST Akla-enda tem No. 7A a r u ;-,, ary 13. 2&',17 raav 35 of '7 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET REQUIREMENTS # OF COPIES REQUIRED 1. Completed Application 12 2. Completed Owner /Agent Affidavit, Notarized 1 3. Pre - application notes /minutes 12 4. Survey or Site Plan of property depicting the 12 la, following: a) All property boundaries & dimensions b) North arrow, date and scale of drawing c) All existing and proposed signs - (labeled as such) d) Existing sign setbacks & proposed sign setbacks 5. Location map depicting major streets In area for 1 id see ss�� Plan reference 6. Fees Application Fee = $2000.00 Legal Advertising Fee for BCC = $205.00 ✓// Legal Advertising Fee for CCPC = $681.00 ✓ Checks shall be made payable to: Collier County Board of County Commissioners 7. Other Requirements - ------------------------- ------------------------------------------- As the authorized agent /applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result In the deiay of process this pet tion. Xignature _.-- •------ - -•- -- Applicant /Agent Date Application for Sign Variance Petition -- 9104, rev. 9/21104 Boise haidl Rhea Illarchlitectst Agenda Item Pao. 7A February 13, 2007 Page 36 of 37 S V- 2006 -AR -9962 PROJECT #2002060017 DATE; 6/22/06 CAROLINA VALE, RA June 15, 2006 Carolina Valera Collier County Community Development Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 239 - 659 -5729 Dear Ms. Valera, Please find an application for a sign variance enclosed. We hereby request a variance in regard to both area and number of building signs allowed. I have also included a copy of the information packet we worked on at the pre - application meeting, as we discussed on the phone a few weeks ago. The Collier County code specifies that: on any frontage of over 200 linear feet, we are allowed a total of up to three signs not to exceed 250 SF. The south (front) fagade of the Wal -Mart store has 634 linear feet of frontage. There are currently 2 signs on this side of the building, which together total 229 SF using the box calculation method. The west (side) fagade has 416 linear feet of frontage. There is currently 1 sign on this side of the building, totaling 108.48 SF using the box calculation method. The east (side) fat;ade does not have frontage on any road. There are currently 4 directional signs on this side of the building, totaling 11.34 SF. We propose to add 10 new signs to the south (front) fagade of the building, which together total an additional 230.29 SF. We also propose to add 3 new signs to the east (side) fagade, which together total an additional 110.20 SF of signage to the building. If all 13 of these signs are added to the existing sign package, the new total amount of square footage upon the building shall be 689.31 SF. The signs requested are directional and /or informational in nature. They will aid the general public by informing them of the uses offered in the Wal -Mart Supercenter as well as by directing them to the desired uses within the store. Please review the enclosed variance package, including 12 copies of the completed application, 1 copy of the completed ownerlagent affadavit, 12 copies of the pre - application notes /minutes, 12 copies of the A2 sheet depicting the locations of existing and proposed signs upon the building, 12 copies of the w A2.2 sheet depicting details of all existing and proposed signs on the building, 12 copies of the site plan (including a location map depicting major streets in the area for reference in the upper right hand corner), a check for the application, fee in the amount of $2000,00, a check for the legal advertising fee for BCC in 6700 Antioch Plaza, Suite 300 • Merriam, Kansas 66204 TEL 913 - 262 -9095 FAX 913 - 262 -9044 EMAIL infoC&M- arch.com wEB www.brrarch.com Member of American Institute o! Architects Agenda Item Coo. 7A February 13, 2007 Page 37 of 37 2 Carolina Valera June 15, 2006 the amount of $205.0, estioas orrdconcerns, for please contact me rne directly a� 913.236.3430. a 13.236 3 3Qa $681.00. If Thank yo you have any qu Sincerely, Chelsea Covington Boice -Raid) -Rhea Architects, nc. 6700 Antioch Plaza, Suite 300 Merriam, KS 66204 direct; 913- 236.3430 main: 913 - 262 -9095 tax: 913 - 262 -9044 Agenda Item No. 3A February 13, 2007 Page 1 of 151 EXECUTIVE SUMMARY PUDZ- 2004 -AR -6810: Livingston Greens, LLC, represented by George L. Varnadoe of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting approval of a rezone from the Agriculture (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a project to be known as Hamilton Greens RPUD. The subject property, consisting of 29.68E acres, is located on the east side of Livingston Road, approximately 3/4 of a mile north of Vanderbilt Beach Road, in Section 31, Township 48 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced rezone petition and render a decision regarding the petition. CONSIDERATIONS• The petitioner requests approval of a rezone from the Agriculture (A) Zoning District, Urban ... Residential Sub- district, to the Residential Planned Unit Development (RPUD) Zoning District for a project to be known as Hamilton Greens RPUD. The proposed RPUD will allow development of an 88 unit multi- family development that features recreational facilities and amenities intended for use by the residents of the proposed project. The RPUD document indicates that the project will be accessed from Livingston Road and include landscape buffers, 1.97 acres of water retention area, 14.23 acres of wetland preserve; 14 acres of County required preserve area, 023 acres of South Florida Water Management District (SFWMD) required preserve area, and 1.21 acres of upland preserve area are identified on the RPUD master plan. FISCAL IMPACT: The use, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the rezone is approved, the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects all applicable impact fees before the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund identified projects in the Growth Management Plan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of Section 10.02.07(0) of the Land Development Code, fifty percent -R" (50 %) of the estimated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Other fees HAMILTON GREENS, PUDZ - 2004 -AR -6810 EXECUTIVE SUMMARY Page 1 of 9 Agenda Item No. 3A February 13. 2007 Page 2 of 151 collected before the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: Future Land Use Element: The subject property is designated Urban (Urban Mixed -Use District, Urban Residential Sub - district) as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Sub - district permits residential development (variety of unit types) at a base density of 4 dwelling units per acre (DU/A). This district is intended to accommodate a variety of residential and non - residential uses, including mixed -use developments such as Planned Unit Developments. Review of the Density Rating System deems this project is eligible for a base density of 4 DU /A. The property is within the Transportation Concurrency Management Areas (TCMA) and has a potential for increased density of up to 3 DU /A. However, the applicant has not requested this density bonus. Base Density 4 du /a TCMA Density Bonus 3 Total Potential Eligible Density 7 du/a Based upon the above analysis, staff concludes the proposed density of 2.96 units per acre and uses for the subject site can be deemed consistent with Future Land Use Element. Transportation Element: Transportation staff has reviewed this petition's traffic study and the PUD document to ensure the PUD document contains the appropriate language to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element, Policies 5.1 and 5.2. Those policies require the review of all rezone requests with consideration of its impact on the overall transportation system, and specifically notes that the County should not approve any request that significantly impacts a roadway segment already operating and /or projected to operate at an unacceptable Level of Service (LOS) within the five- year planning period unless specific mitigating stipulations are approved. There are no roadway segments impacted above 3.0 percent by the proposed development, the minimum percent beyond which the GMP considers a project to be of "significant impact ". Therefore, this petition is consistent with Policies 5.1 and 5.2. Conservation and Coastal Management Element: Pursuant to Objective 2.4 and Policies 2.4.1 and 6.5.1, an Environmental Impact Statement was provided to staff for review. In accordance with Policy 6.1.1, 25 percent of the existing native vegetation shall be retained on -site and it has been set aside as preserve areas. The requirement for an Environmental Impact Statement (EIS) HAMILTON GREENS, PUDZ- 2004 -AR -6810 EXECUTIVE SUMMARY Page 2 of 9 Agenda Item No. 3A February 13. 2007 Rage 3 of ; 51 pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. In accordance with Policy 6.2.6, required preservation areas are identified on the PUD master plan. GMP Conclusion: The Growth Management Plan is the prevailing document to support land use decisions such as this proposed rezoning to PUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. The Future Land Use Element designation is a portion of the overall finding that is required. The proposed uses are consistent with the property's future land use designation as indicated previously in the GMP discussion. The proposed rezone is also consistent with the policies contained in the Transportation Element and in the Conservation and Coastal Management Element of the GMP. Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and 10.02.13.13.5 of the Land Development Code and required staff evaluation and comment. The staff evaluation establishes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn, use the criteria to support their action on the rezoning request. These evaluations are completed as separate documents and are attached to the Staff Report (See Exhibit "A" and Exhibit "B "). A summary of staff's findings are as follows: Transportation Review: Transportation Planning Department staff has reviewed the petition and the PUD document that accompanies the request and recommends approval subject to the Transportation commitments contained in the PUD document. Environmental Analysis: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns and recommends approval subject to the environmental commitments contained in the PUD document. Utility Review: The Utilities Division staff has reviewed the petition, noting that this PUD is located within the Collier County Water /Sewer District, and is subject to application for and conditions associated with a Water /Sewer Availability Letter from the Collier County Utilities Division. Zoning Review: Zoning staff has reviewed this petition and believes the proposed residential uses are consistent with the GMP as indicated previously in the GMP discussion. The GMP, through Policy 5.4, also requires proposed development to be compatible with and complementary to the surrounding land uses. Development standards, such as building heights, HAMILTON GREENS, PUDZ- 2004 -AR -6810 EXECUTIVE SUMMARY Page 3 of 9 Aget -ida !tem No. 8A February 13. 2007 Page 4 of 151 setbacks, landscape buffers, potential building mass, building location, orientation, and the amount and type of open space and location of that open space are considerations of compatibility as well. As illustrated in the aerial photograph, the surrounding zoning discussion of this staff report, and the Master Plan, west of this site, across Livingston Road, are single- family residential uses within a PUD zoning designation. North of the site is the Collier County Regional Park. To the east, are single- family and multi - family residential uses within a PUD zoning designation. To the south, the land is developed with single - family residential uses, consistent with the PUD zoning designation. The proposed residential development is compatible with the surrounding land use pattern. The internal design of the proposed master plan, access points, and project buffers are consistent with the LDC. The maximum proposed height on the east portion of the project depicted as "R1" on the PUD master plan, adjacent to Wilshire Lakes, is 40 feet, not to exceed 3 habitable stories; and a maximum of 70 feet on the west portion of the PUD, depicted as "R2" in the PUD master plan, not to exceed 4 habitable stories. The PUD document includes a commitment to install an 8 -foot tall wall, landscaped on both sides of the wall, along the east property line, adjacent to Wilshire Lakes PUD, prior to vertical construction adjacent to "Lake 2" depicted on the PUD Master Plan. Deviation Discussion: The petitioner is seeking approval of a deviation from Land Development Code (LDC) Section 6.06.02., which requires 5 foot sidewalks on both sides of a street. The deviations are limited to occur on two portions of the proposed roadway system. One portion located at the entrance drive to the project, from the property line to the recreation parcel shown on the master plan; and the other portion along the access road to the easternmost portion of the site, depicted as "R1" in the PUD master plan. Staff has analyzed the deviation request and does not object to the concept proposed in this deviation. The petitioner indicates that the alternative design is justified to allow a gradual grade from the proposed grade of the driveway to the adjacent upland preserve located on the west portion of the project. The petitioner also maintains that the alternative design, given the scale of the project on the east portion of the project, will provide safe pedestrian movements and will diminish the impact on the preserves. County Transportation Planning staff has reviewed this deviation and recommends that it be approved. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are based upon the listed criteria in Chapter 10.03.05 and Chapter 10.02.13 of the LDC. These evaluations are completed as separate documents that are attached as exhibits "A" and "B" of the Staff Report. A summary of the findings that contain staff's evaluation of the pros and cons of the project in relation to the findings, are noted below: HAMILTON GREENS, PUDZ- 2004 -AR -6810 EXECUTIVE SUMMARY Page 4 of 9 Agenda irerri No.: A - ebruary 13, '1007 Page 5 of 15A 1. Compatibility. The suitability of the area for the type of pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage sewer, water, and other utilities. Pro: a. There are no significantly impacted roadway segments (greater than 3% of the roadway service volume) by the proposed development. Therefore, this petition is consistent with Policy 5.1 and 5.2 of the Transportation Element of the GMP. b. The RPUD document notes that a maximum of 2.96 units per acre is proposed for the subject site, which is below 7 units per acre that the GMP allows within this Residential Sub - district. c. The site is located where it has access to Livingston Road. County water and sewer are presently available to the site and the new development shall be subject to application for and conditions associated with a Water /Sewer Availability Letter from the Collier County Utilities Division. Drainage will be required to comply with all applicable codes. Con: As with all land use actions that intensify urban development patterns, there is some loss to travel time for users of the same arterial road system. Summary findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan for Collier County and all other elements, their objectives and policies. 2. Unified Control. Adequacy of evidence of unified control and suitability of agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements of provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. Pro: The RPUD document makes appropriate provisions for continuing operation and maintenance of common areas. Con • None. Summary findings: Documents submitted with the application provide evidence of unified control. The RPUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Compatibility with existing surroundings. The internal and external compatibility �. of proposed uses, which conditions may include restrictions on locations of improvements, restrictions on design, and buffering and screening requirements. HAMILTON GREENS, PUDZ- 2004 -AR -6810 EXECUTIVE SUMMARY Page 5 of 9 Agenda Item No. 3A February 13, 2007 Pace n of 151 Pro: Staff analysis indicates that this petition is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. Con: None. Summary findings: The RPUD document includes provisions to buffer the project from adjacent properties including a wall along the east property line to shield the proposed development from the existing Wilshire Lakes. 4. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: Recommended mitigation actions in the RPUD document and conditions of approval will help offset any potential adverse influences on the surrounding properties. Con: The proposed project could cause increased noise and traffic impacts on the nearby residential uses. However, due to the proposed landscape, preserve areas and wall along the east portion of the property, the proposed RPUD should not adversely impact the adjacent properties. Summary findings: The proposed will not adversely influence living conditions in the neighborhood because of the development standards included in the RPUD document and the recommended conditions of approval have been promulgated and designed to lessen the amount of adverse impact on adjacent and nearby developments. 5. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: a. The proposed RPUD request is consistent with the traffic circulation element. b. The subject property has access to the arterial road network over which traffic from the RPUD development will draw and defuse traffic. Con: a. As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law, this degree of discomfort is regulated by concurrency requirements as adopted in the Growth Management Plan. b. In the short run, construction traffic made necessary for development may be inconvenient to local residents. Summary findings: Evaluation of this project takes into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP, which was found HAMILTON GREENS, PUDZ- 2004 -AR -6810 EXECUTIVE SUMMARY Page 6 of 9 Agerida Iten-; No. 3.A February 13, 20G7 Pane 7 of 151 consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally, certain traffic management system improvements are required as a condition of approval, as part of the RPUD document, and subject to the Concurrency Management System. 6. Whether the change is out of scale with the needs of the neighborhood or the County. Pro: The project is designed in a manner that is compatible with surrounding properties, both in size and scale Con: None Summary findings: The subject RPUD complies with the Growth Management Plan while the intensity of land uses is deemed acceptable for this site. 7. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The proposed project proposes to maintain 14.23 acres of wetlands; 14 acres of required County preserve; 0.23 acres of SFWMD preserve; and 1.21 acres of upland " preserve areas. The development standards contained in the proposed RPUD would also maintain the existing natural flow way systems for water management. Con: Redevelopment of the site may create a need for additional fill and site alteration for infrastructure improvements. Summary findings: The subject site would have to be re- developed in order to make the property usable for any range of proposed uses. .AFFORDABLE HOUSING IMPACT: A $1,000 per unit affordable housing donation has been offered to be paid by the applicant at the time of Certificate Occupancy (CO) of each unit as a credit of any future adopted linkage fee. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent for the applicant held the required meeting on April 24, 2006 at 5:30 p.m. at the North Naples Baptist Church, 1811 Oakes Boulevard. The first NIM was held on April 7, 2005 with then project planner for the County, Mike Bosi. Due to the addition of ten acres to the project, it was decided that an additional NIM needed to be held to apprise the surrounding property owners' of the change. Eight persons other than the applicant's team and county staff attended. The majority of those present identified themselves as property owners in Wilshire Lakes. Of those who spoke, no one stated opposition to the proposed rezone and development. Several people asked questions and had comments. The applicant's team answered on behalf of the HAMILTON GREENS, PUDZ- 2004 -AR -6810 EXECUTIVE SUMMARY Page 7 of 9 Agenda Item No. 8A February 18. 2007 Page 8 of 1-,7,l developer and offered the following: • Construction is to begin mid to late 2007. • An 18 unit condominium with a maximum height of 70 feet (40 feet for the buildings proposed to the east of the project) and a clubhouse are planned for the western half of the property. 0 The estimated market price points for the units are between $800,000 - $1,000,000. 0 An 8 -foot masonry wall will be constructed between Wilshire Lakes and the subject project. • 5 bridge structures that are 20 feet wide are proposed along the E/W drive for water drainage /flow way. • The PUD will be gated with access from Livingston Road. • Mr. Vamadoe assured property owners from Wilshire Lakes that there are no changes to the original conceptual plan for the eastern part of the property adjacent to Wilshire Lakes. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC heard this petition at their November 1, 2006 meeting and unanimously recommended approval (8 -0) of the subject petition subject to the inclusion of staff's recommended condition to obtain an Environmental Resource Permit from the South Florida Water Management District prior to issuance of any site plan approvals and with the sidewalk deviation because of the small number of proposed units and the environmentally sensitive nature of the site. PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the Hamilton Greens RPUD rezone at the January 18, 2007 meeting. The CCPC voted 8 to 1 to forward this petition to the BCC with a recommendation of approval including the following deviations: 1. That sidewalks be installed on only one side of two portions of the roads: the one that is proposed at the entrance drive to the project, from the property line to the recreation parcel shown on the Master Plan; and the other portion of the road along the access road to the easternmost portion of the site, depicted as "Rl" in the PUD Master Plan. 2. That a 8 -foot tall wall be built along the east side of the project with landscaping on both sides of the wall. The landscaping is to be similar to the landscape as it was first installed along the "Estuary" development that is located off Golden Gate Parkway, 3. That cul -de -sacs be allowed to be more than the maximum 1000 -foot in length that is restricted in the LDC. The CCPC also included the following conditions: 1. That the maximum actual height be limited to 50 feet in the RI tract and to 75 feet in the R2 tract depicted in the RPUD master plan. HAMILTON GREENS, PUDZ- 2004 -AR -6810 EXECUTIVE SUMMARY Page 8 of 9 Agenda Item No. 3A February 13, 2307 Page 9 of 151 2. That a $1,000 per unit affordable housing donation be made by the applicant at closing as a credit of any linkage fee. 3. Strike all the redundant LDC language in the RPUD document. Commissioner Lindy Adelstein had the dissenting vote citing that there is no special need for the 75 -foot actual building height proposed in the R2 tract. Since this petition did not received unanimous approval, it is not being placed on the Summary Agenda. STAFF RECOMMENDATION: Staff has determined that the petition request is consistent with the goals, policies and objectives of the GMP; that the proposed use is compatible with existing surrounding uses; and that the RPUD document includes provisions and limitations that make the proposed development compatible with surrounding properties and would lessen the impact on nearby developments. Furthermore, staff does not oppose the proposed deviations contained in RPUD document. Based on the results of the evaluation of this petition request and the criteria upon which a favorable determination must be based, staff recommends that the Collier County Board of County Commissioners (BCC) approve petition PUDZ- 2004 -AR -6810 with the limitations contained in the RPUD document and Master Plan. PREPARED BY: Carolina Valera, Principal Planner Department of Zoning & Land Development Review HAMILTON GREENS, PUDZ- 2004 -AR -6810 EXECUTIVE SUMMARY Page 9 of 9 riC)Ef1C�� iE'fr'. NO. �A ' 0,07 COLLIER COUNTY BOARD OF COUNTY COMMdSSIONEP.S Item Number: SN Item Summary: Thss itEr- r�clinres teat au participants be sworn it ann ex pane disclasury be provided ny Comm sslori members PI-DZ- 2004- fAR -681C. Livwcstor Greens- LLC. represented by eJrge _. 'darnacoe o` C hefty. nass�dorro "All SOr. 6 ,1Dnnson, LLP requeS no approval Cl a rezone fro.r the r.gr cJlture (A) Zoninn o str of to Vte Resioential Planned Unit Development (RF >UG .using distract for a paject to be known as rtamilton Greens PPUC. Tne subject pror)erty, cons:snng of 25.68 acres, iS located o r the east side of Livingston Road.. approxirnately 314 of a mile north of Varderbds Deach Road. in Seclioc 31, Township 48 South. ",arge 26 East, Collier County Flonaa. Meeting Date: 2/1312067 9 00.00 i;M Prepared By Carolina Valera Urban Design Planner Date Community Development & Envirenmental Services Zoning & Land Development Review V2612007 4:39:57 PM Approved By Marione MI. Student Stirling Assistant County Attorney Date County Attorney County Attorney Office V2912007 1.24 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. V29!2007 6:04 PM Approved By Ray Bellows Chief Planner Date Community Development & Zoning & Land Development Review 1!3012007 8:47 AM Environmental Services Approved By Susan Murray. AICP Zoning & Land Development Director Date Community Development & Zoning & !.and Development Review, 113112007 3:12 PM Environmental Services Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 1/3112007 4:28 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Aamm. 2 %112007 3.25 AM Approved By Marlene Stewart Executive Secretary Date Community Development & Community Developrnent & Environmental Services Environmental Services Admin. 2N;2007 9:42 AM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Adminstrator Community Development & Community Development & Environmental Services Environmental Sol-vices Admm- 271/2007 10:23 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 2112007 4:19 PM .Approved By Marl: Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 215;2007 458 AM Approved By James V. Mudd County Manager Date Board of County Cenvnissioners ,5;2007 11:20 AV, 2f1u it ii No. ORDINANCE NO. 07- F°,b,ua,1 '31 t 20 7 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMMENDLG ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE IJNINCORPORA'I'ED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HE'REI'N DESCRIBED REAL PROPERTY FROM THE AGRICULTURE {A) ZONING DISTRICT -1'0 THE RESIDENTIAL PLANNI?D UNIT DEVELOPMENT (RPLII)) ZONING DISTRICT KNOWN AS HAMILTON GREENS RPUD LOCATED IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF -+-29.68 ACRES; AND BY PROVIDING AN EFI'p:C1'] VE DATE. WHEREAS, Patrick D. Cunningham of Houston Cuozzo Group, Inc. and George L. Varnadoe of Clieffy, Passidomo, Nilson, & Jolnzson, LLP., representing Livingston Greens, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT OILDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECT'L ' ONF.: The zoning classification of the herein described real property located in Section 31, Township 48 South, Range 26 East, Collier County, Florida, is changed from Agricultural (A) to "RI'UD" Residential Planned Unit Development in accordance with the Livingston Greens RPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps; as described in Ordinance Number 04 -41, as amended, the Collier County Land Development Code, is'arc hereby amended accordingly. SECTION TWQ- This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legal sufficiency �(1 Marjorie rM. Student - Stirling Assistant County Attorney FU± Z- 2004- AR -Ga10 11 BY; JIM COLETTA, CHAIRMAN Aoenda Item No. 3A ebruary 13. 2007 Page 12 of 151 HAMILTON GREENS U RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE HAMILTON GREENS, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: LIVINGSTON GREENS, LLC PREPARED BY: HOUSTON CUOZZO GROUP, INC. 2400 SE FEDERAL HIGHWAY SUITE 310 STUART, FLORIDA 34994 MR. GEORGE L. VARNADOE, ESQ. CHEFFY PASSIDOMO WILSON & JOHNSON LLP 821 FIFTH AVENUE SOUTH, SUITE 201 NAPLES, FLORIDA 34102 DATE REVIEWED BY CCPC January 18, 2007 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL EXHIBIT A Agenda Items No. 3A February 13, 2007 Page 13 of 151 TABLE OF CONTENTS page LIST OF EXHIBITS AND TABLES ii STATEMENT OF COMPLIANCE PROPERTY OWNERSHIP & DESCRIPTION 1 -1 through 1 -3 SECTION ONE PROJECT DEVELOPMENT REQUIREMENTS 2 -1 through 2 -4 SECTION TWO SECTION THREE RESIDENTIAL DEVELOPMENT AREA 3 -1 through 3 -4 SECTION FOUR CONSERVATION /PRESERVE AREA 4 -1 through 4 -1 SECTION FIVE DEVELOPMENT COMMITMENTS 5 -1 through 5 -3 SECTION SIX RPUD REGULATION DEVIATIONS 6 -1 through 6 -1 7 -1 through 7 -5 SECTION SEVEN APPENDIX page i LIST OF EXHIBITS AND TABLES EXHIBITS EXHIBIT 1 BOUNDARY SURVEY EXHIBIT 2 AFFIDAVIT OF UNIFIED OWNERSHIP EXHIBIT 3 LOCATION MAP EXHIBIT 4 RPUD MASTER PLAN Agenda Item Iva. SA February 13, 2007 Page 14 of 151 7 -1 7 -2 7 -4 7 -5 page ii L, if- rn n-�rn No. 8.4 bruary 13, `007 Page 15" of 151 STATEMENT OF COMPLIANCE The development of approximately 29.68 acres of property in Collier County, as a Residential Planned Unit Development to be known as HAMILTON GREENS RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). HAMILTON GREENS RPUD is a residential project, with associated recreational uses that will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: 1. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element (FLUE). 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the FLUE. 3. The project development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1.G of the FLUE. 4. The projected density of 2.96 D.U.'s per acre is in compliance with the FLUE of GMP. 5. A complete range of services and utilities as approved by the County will serve the project. 6. The Residential Planned Unit Development includes open spaces and natural features, which are preserved from future development in order to enhance their natural functions and to serve as project amenities, which furthers the objectives of Policy 3.1.b of the FLUE. page iii SECTION ONE PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE Agenda Item No. 8A February 13, 2007 Page 16 of 1-51 The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of HAMILTON GREENS RPUD. 1.2 LEGAL DESCRIPTION The subject property being 29.68 acres, is described as: Legal Description Of Survev As Furnished To Survevor The Northwest quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, less the South 30' and the East 30' and the West 30' and less the North 30' thereof, Collier County, Florida, containing 8.37 acres more or less, and The Northwest quarter of the Southeast quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, less the North 30', Collier County, Florida, containing 2.30 acres, more or less, and The South 30' and the East 30' and the North 30' of to the Northwest Quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 1.29 acres, more or less, and The North 30' of the West 3/ of the North % of the South '/2 of the Northwest quarter of the Northwest quarter of Section 31, Township 38 South, Range 26 East, Collier County, Florida, containing 0.66 acres, more or less, and The West '/2 of the North 1/2 of the South Y2 of the Northwest Quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, less the North 30', less the West 30', reserved for public right -of -way, containing 4.40 acres, more or less, and The East one -half (1/2) of the East one -half (1/2) of the North one -half (1/2) of the South one -half (1/2) of the Northwest one quarter (1/4) of the Northwest one quarter (1/4) of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 2.54 acres, more or less, and The South '/2 of the South '/2 of the Northwest quarter of the Northwest quarter of Section 31; Township 48 South, Range 26 East, Collier County, Florida, containing 10.12 acres, more or less. Legal Description Of Survey As Re- Written For Brevity The Northwest '/ of the Northwest '/< of the Northwest '/ of Section 31, Township 48 South, Range 26 East, Less The West 30 feet thereof, and The Northwest '/ of the Southeast '/ of the Northwest '/ of the Northwest '/ of Section 31, Township 48 South , Range 26 East, and The North Y2 of the Southwest' /< of the Northwest 1/4 of the Northwest'/ of Section 31 Township 48 South, Range 26 East, Less The West 30' thereof, and page 1- 1 I _ I. abruary 2007 Page ',7 of 151 The Northeast '/4 of the Southeast '/ of the Northwest '/ of the Northwest '/ of Section 31, Township 48 South, Range 26 East The South '/2 of the South '/2 of the Northwest quarter of the Northwest Quarter of Section 31, Township 48 South, Range 26 East, all being in and a part of Collier County, Florida and containing 29.68 acres more or less. See Exhibit A ": Boundary Survey— (See Section 7: Appendix, page 7 -1) 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of: Livingston Greens, LLC 222 South U.S. Highway One, Suite 209 Tequesta, Florida 33469 See Exhibit "B ". Affidavit of Unified Ownership — (See Section 7: Appendix, page 7 -2) 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject parcel is located in northern Collier County on the east side of Livingston Road, approximately one mile south of Immokalee Road. (4800 feet north of the Livingston Road /Vanderbilt Beach Road intersection.) Vehicular access from Livingston Road to the west acts as the entrance into the community, while the parcel is bordered to the north and south by undeveloped lands consisting primarily of wetland preserves; and bordered to the east by Wilshire Lakes (a PUD community in Collier County). The project site is located in the West 1/2 of Section 31, Township 48 South, Range 26 East. See Exhibit "C ": Location Map — (See Section 7: Appendix, page 7 -3) B. The zoning classification of the subject property prior to the date of this approved RPUD Document was A: Agriculture. 1.5 PHYSICAL DESCRIPTION The project will be divided into two separate water management basins. Between the basins is an existing flow -way that coveys stormwater from the lands north of the HAMILTON GREENS RPUD including the North Naples Regional Park. The proposed improvement to the HAMILTON GREENS RPUD will not encroach into the flow -way. The two basins will discharge into the existing flow -way that travels northeast to southwest through Wilshire Pines (a community within Wilshire Lakes) and the HAMILTON GREENS RPUD. The discharge into the flow -way will have little effect on the drainage patterns and water levels in the surrounding areas. This flow -way handles stormwater from the areas north of Wilshire Pines and stormwater discharged from the North Naples Regional Park. The project also maintains existing flow conditions in the northwest by preserving the hydric pine flatwoods located in the northwest corner of the site. This preserve is located outside the water management area allowing the natural flow of stormwater traveling from north of Livingston Lakes through the on -site preserves of North Naples Regional Park from being disrupted. Stormwater from these areas will cross Livingston Road and enter the surface water management system for Tiburon development. The eventual outfall is the Cocohatchee Canal The site is bordered by a conservation easement to the north, a second conservation easement area and single - family homes to the east, a third conservation area to the south, and Livingston page 1- 2 Aaenda Item No. 8A February 13, 20-7 Page 18 of 151 Road to the west. The vegetative communities on -site consist of upland pine flatwoods, wetland pine flatwoods, cypress wetlands, and existing cleared areas. Varying degrees of exotic infestation are present within the native habitats on the property. The proposed project has been designed to preserve the majority of the wetlands on -site forming a connection between the existing off -site conservation areas to the northeast and south. 1.6 PROJECT DESCRIPTION A. Purpose and Intent The design guidelines for the HAMILTON GREENS RPUD have been established to ensure an overall quality of design throughout the planned community, with the flexibility to achieve an appropriate and harmonious variety in physical development. These design guidelines set forth the minimum standards to be utilized for the planning and design of the individual development parcels and are intended to supplement the existing development regulations of Collier County, Florida and other regulatory authorities. B. Implementation All land included in the residential tracts of the HAMILTON GREENS RPUD shall be subject to a Declaration of Restrictions and Covenants, which shall provide, among other things, formation of a single master property owners' association and automatic membership in the master association by any party holding title to any portion of the property. Build -out of the HAMILTON GREENS RPUD Master Plan is expected to require approximately five (5) years to complete. The developer reserves the right under this development order to modify any of the design criteria established, and to add housing types, subject to approval of a Master Plan modification, pursuant to applicable provisions of the Land Development Code (LDC). The HAMILTON GREENS RPUD community is envisioned as a compact, compatible residential community, comprised of 29.68 acres. Approximately 1.0 acre of the community will be devoted to active recreation uses, as well as various passive recreation uses, such as paths and elevated boardwalks, to serve the residents of the community. The following major elements of the project site are located within the proposed Master Plan: • Significant contiguous areas of wetlands and upland vegetation. • The creation and utilization of surface water lakes for stormwater retention. • The main entrance to the community is from Livingston Road, a publicly dedicated right -of -way. Additionally, the site contains approximately 13.65 acres of wetland preserves, 1.79 acres of upland preserves, and 1.97 acres of lakes. C. Density The number of proposed homes is eighty -eight (88) residential units for a total gross density of 2.96 units per acre (du /ac). 1.7 SHORT TITLE This Ordinance shall be known and cited as the "HAMILTON GREENS RESIDENTIAL PLANNED UNIT DEVELOPMENT ORDINANCE." page 1- 3 2.1 2.2 2.3 SECTION TWO PROJECT DEVELOPMENT REQUIREMENTS PURPOSE ,uerl�!a item ir`Jo. 3'A ; e "ruary 13. 2007 page 1. 9 of .51 The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL A. Regulations for development of the HAMILTON GREENS RPUD shall be in accordance with the contents of this PUD Ordinance and applicable sections and parts of the LDC (to the extent they are not inconsistent with this RPUD Ordinance) and GMP in effect at the time of issuance of any development orders to which said regulations relate which authorize the construction of improvements, such as but not limited to, final subdivision plat, final site development plan (SDP), excavation permit and preliminary work authorization. Where this RPUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "D ", PUD Master Development Plan (Section 7: Appendix). There shall be seven (7) residential land use tracts, plus necessary water management lakes, street rights -of -way, and natural features, the general configuration of which is also illustrated by Exhibit "D ". The Master Plan is conceptual, and the location, size and configuration of the recreational area, water management features, and development tracts shall be determined at the time of final SDP and/or preliminary subdivision plat approval, in accordance with the appropriate sections of the LDC. TABLE 1 PROJECT LAND USE /SITE DATA Tract R -1, R -2, SU TYPE Multi Family DEVELOPMENT PARCELS (less lakes) WETLAND PRESERVES UPLAND PRESERVES LAKES ROADS /ROW UNITS :: 9.08 Acres 13.65 Acres 1.79 Acres 1.97 Acres 3.19 Acres 29.68 TOTAL ACRES ACREAGE 9.08 ACRES B. Areas illustrated as lakes by Exhibit "D" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall he in the page 2 - 1 Agenda item No. SA February 13, 2007 Page 20 of 151 same general configuration and contain the same general acreage as shown by Exhibit "D ". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of preliminary subdivision plat or SDP approval, subject to the provisions of the LDC or as otherwise permitted by this RPUD Document. C. In addition to the various areas and specific items shown in Exhibit "D ", such easements as necessary (utility, private, semi - public, etc.) shall be established within or along the various tracts, excluding preserve areas, as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of eighty -eight (88) residential multi - family units shall be constructed in the total project area. The gross project area acreage devoted to residential purposes is 29.68 acres. The gross project density, therefore, will be a maximum of 2.96 units per acre. This RPUD Document and Master Plan provide for various housing structure types to be built on residentially designated tracts, therefore all housing structures are required to characterize the initial development of platted tract to be carried throughout the development of that entire tract. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The provisions of the LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said provision, prior to the issuance of a building permit or other development order. B. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a preliminary subdivision plat in conformance with applicable provisions of the LDC, prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. C. Utility, road, public, private, easements shall be established as required during the SDP and /or plat approval process. D. Appropriate instruments shall be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES AND SALES FACILITIES Model homes /model home centers including sales center (maximum number) shall be permitted in conjunction with the promotion of the development subject to the following: A. One "dry" structure (3 model units) may be constructed following plat approval, prior to recording of a plat. B. The models permitted as "dry models" shall obtain a conditional certificate of occupancy for model purposes only. C. Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the HAMILTON GREENS RPUD subject to applicable requirements of the LDC. page 2 - 2 rebruary 13'. 21007 F:)ge _21 of 151 2.7 ASSOCIATION OF PROPERTY OWNERS' FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and /or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a property owners' association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the LDC. Common area maintenance will be provided by a master property owners' association to be created by the developer. The property owners' association shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and preserves serving the HAMILTON GREENS RPUD, in accordance with the provisions of this RPUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.8 LANDSCAPE BUFFERS, BERM, FENCES AND WALLS A. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the HAMILTON GREENS RPUD boundary after subdivision plat or SDP approval. All such areas shall be included in a landscape buffer easement on final plats, or in a separate recorded instrument. B. There is a commitment for an eight (8) foot wall, landscaped on both sides, along the east property line, adjacent to Wilshire Lakes, to be installed prior to vertical construction adjacent to Lake 2 identified on the RPUD Master Plan. 2.9 DESIGN GUIDELINES AND STANDARDS The HAMILTON GREENS RPUD is planned as a private, functionally interrelated community under unified control, to be developed over an extended time period. The developer will establish community -wide design guidelines and standards to ensure a high and consistent level of quality for community features and facilities which include items such as landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berets and other similar facilities. The developer will achieve the above objectives by means of recorded covenants, conditions, and restrictions. 2.10 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the HAMILTON GREENS RPUD except in the Preserve. General permitted uses tie those uses, which generally serve the developer and residents of the HAMILTON GREENS RPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under the LDC effective at the time of RPUD approval. 2 Water management facilities and related structures. page 2 - 3 Agenda Item No. 3,A February 13, 2007 Page 22 of 151 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Neighborhood parks, recreational facilities and community centers. 6. Landscape features such as landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.9 of this RPUD or pertinent sections of the LDC. 7. Temporary Fill Storage. 8. Benches, gazebos, and open space uses. 9. Recreational facilities that serve as an integral part of the residential development and have been designated, reviewed and approved on a SDP or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - Fifteen feet (15') except for guardhouses, gatehouses, care - takers units, and access control structures, which shall have no required setback. 2. Setback from property lines — Twenty -five feet (25'). 3. Minimum distance between principal structures, which are part of an architecturally unified grouping — One half the building height. 2.11 OPEN SPACES REQUIREMENTS The RPUD Master Plan identifies approximately 17.4 acres included in the Landscape /Open Space, Lakes and Preserve designations, as well as approximately 2.6 acres of open space cumulatively within the residential tracts. These areas satisfy the open space requirements of the LDC. 2.12 SIDEWALKS /BIKEPATHS A. Pursuant to the LDC, sidewalks /bike paths shall be permitted as follows: 1. An internal pedestrian walkway system shall be permitted within drainage easements. 2. Sidewalks may be located outside platted rights -of -way, when located within a separate sidewalk easement or on a SDP. 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment at the point of encroachment. page 2 - 4 SECTION THREE RESIDENTIAL DEVELOPMENT AREA 3.1 PURPOSE ebruary 3, 2007 The purpose of this Section is to identify specific development standards for areas designated on Exhibit "D ", the RPUD Master Plan, as "R" Residential. (See Section 7: Appendix) 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted in the entire RPUD is eighty -eight (88) multi- family units. The property contains a gross acreage of 29.68 acres and based on a density of less than four (4) dwelling units per gross acre, the RPUD provides for a density of 2.96 units per acre. Distribution of the dwelling units in the residential areas is not predetermined, and may occur as authorized by the SDP approval process. 3.3 GENERAL DESCRIPTION R -1, R -2, and SU designations on the Master Plan are designed to accommodate multi - family residential dwelling units, compatible nonresidential uses, a full range of recreational facilities, essential services, and customary accessory uses. Final tract configuration and actual acreages of all development tracts shall be provided at the time of SDP or preliminary subdivision plat approvals in accordance with the LDC. Residential tracts shall be designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Multi- family dwellings. 2. Townhouses. 3. Garden apartments. 4. Care -taker units. B. Accessory Uses: 1. Customary accessory uses and structures, including private garages. 2. Common recreation amenities. Such uses shall be visually and functionally compatible with the adjacent residences which have the use of such facilities. 3. Recreational facilities that serve as an integral part of the residential development and have been designated, reviewed and approved on a SDP or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. 4. Recreational facilities and amenities for use by residents of the residential tracts. page 3 -1 Agenda Item No. SA February 13; 2007 Page 24 of 151 3.5 DEVELOPMENT STANDARDS (See Table 2) A. General: All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided for by this Document, or except as authorized by the SDP approval process. (See Table 2: Development Standards) 1. Table 2 sets forth the development standards for land uses within the "R" Residential District. 2. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein shall be in accordance with the LDC in effect at the time of SDP or plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 3.6 SPECIAL USE (non- residential uses) A. Gatehouse /Guardhouse /Access Control Structure /Care -taker Unit: 1. Gatehouses /guardhouses may be located on any private roadway within the HAMILTON GREENS RPUD. Individual communities or subdivisions within the project may provide gated entrances to restrict access to residents and their guests. Such gatehouses which may be manned or secured by control devices such as card entry, shall be located and designed to ensure safe and convenient traffic flow, and to provide unimpeded access by emergency service vehicles. 2. Details of the design of any gatehouse or guardhouse shall be submitted with an application for SDP approval for individual residential tracts. B. Recreation: The HAMILTON GREENS RPUD Master Plan envisions a complete living environment, providing a variety of recreational facilities and amenities to meet the needs of its residents. 2. There will be a clubhouse facility centrally located within the community. The clubhouse will be for the use of the residents of the entire residential community, offering a pool, spa, fitness center and a community meeting room. The clubhouse will be designed consistent with the architectural theme and quality of the overall community. 3. As part of the clubhouse/ pool facility, a maximum number of twelve (12) cabanas are to be utilized by residents of the community. These cabanas are not to exceed three hundred (300) square feet in size. 4. Development of the clubhouse, as well as all other common recreation facilities, shall be subject to SDP approval by the County. 3.7 RESIDENTIAL AND SPECIAL USE SETBACKS General Application For Setbacks: Setbacks are relative to a measurement between the buildings and a lot line and /or perimeter boundary of a parcel of land upon which buildings are to be constructed it shall have the following application: page 3 - 2 e ,uary 13. 2D07 F -`ae 2 5, of 151 A. Front Yard: Front yard setbacks shall be measured as follows: 1. If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. 2. If the parcel is served by a non - platted private drive, setback is measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted private drive, setback is measured from the road easement or property line. 4. When principal buildings front upon a public or private right -of -way or non - platted drive a minimum distance of ten (10) feet shall separate the principal building and any related parking facility. This shall not prohibit the attachment of enclosed parking structures to the principal residential structure, however when the parking structure faces the street, a parking apron of at least twenty -three (23) feet shall separate the enclosed parking space from the back of the sidewalk when on a public or private right -of -way or non - platted drive. B. Interior Yards (Not Adjacent any Right -of -Way or Other Private Drive or Adjacent Open Space Area) 1. The setback of principal structures from an interior lot/parcel /tract boundary shall not be less than ten (10) feet. TABLE 2 DEVELOPMENT STANDARDS Notes: All distances are in feet unless otherwise noted. 1. sf' indicates "square footage" "BH" indicates "building height" "SBH" indicates "sum of the building heights" Setbacks are measured from lot lines, tract boundaries or public or private streets. 1. This setback shall not violate the required 20 -foot lake maintenance easement. 2. Front yards shall be measured as per Section 3.7 of this RPUD Document. page 3 - 3 Minimum Separation Max. Yard Setbacks between Height m a> y — _� 0O o 3 0 y �_ to N a O m a� x s LL m U- ., C "` a) ` C a� O U y to C Q o C fn p`, Q O U Use LL w N Q R1 23 15 10 0.5 BH 0.5 SBH 10 40 50 1500 sf Principal a' Structure 23 R2 (2) 15 10 0.5 BH 0.5 SBH 10 70 75 1500 sf b Accessory 10 5 10 0.5 BH 10 10 15 15 n/a Structure (3) C. Special SU 10 10 10 10 0.5 SBH 10 45 50 1500 sf Use (4) Notes: All distances are in feet unless otherwise noted. 1. sf' indicates "square footage" "BH" indicates "building height" "SBH" indicates "sum of the building heights" Setbacks are measured from lot lines, tract boundaries or public or private streets. 1. This setback shall not violate the required 20 -foot lake maintenance easement. 2. Front yards shall be measured as per Section 3.7 of this RPUD Document. page 3 - 3 Agenda Item No. 5A February 13, 2007 Page 20 of 151 3. Accessory uses such as any authorized recreational amenity (i.e. pool decks, spas, landscape features, cabanas, etc.) may be located within zero (0') feet of a structure. 4. All setbacks for the guardhouse /gatehouse /caretaker unit shall be zero (0) feet from any adjacent roadway or structure. 5. The building height will be measured and defined as per the LDC in effect on the date of RPUD approval. 3.8 PRIVATE ROADWAY STANDARDS A. Private streets shall conform to the right -of -way width requirements of Construction Standard Manual except as follows: 1. Cul -de -sac and local streets less than one thousand feet (1,000) in length shall be required to have two (2) ten foot (10') wide travel lanes. 2. All local streets shall be required to have a minimum forty feet (40') right -of -way and two ten foot (10') wide travel lanes. 3. Cul -de -sacs may exceed a length of one thousand feet (1,000). 4. Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets, and a fifty (50) foot radius for intersections at the project entrance. 5. Tangents shall not be required between reverse curves on any project streets. page 3 - 4 SECTION FOUR CONSERVATION /PRESERVE AREA 4.1 PURPOSE gerj a item No. vA ` � fn i J . 2007 iJ ri..i c"3 `-�� Page 27 of 151 The purpose is to preserve and protect native vegetation and naturally functioning habitat such as wetlands in their natural state, as well as identify permitted uses and development standards for areas within the HAMILTON GREENS RPUD designated on the Master Plan as Preserve. 4.2 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of residents. 4.3 USES PERMITTED No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following, subject to regional state and federal permits when required. Any clearing for these uses will not impact the minimum required vegetation: A. Principal Uses: 1. Open spaces /nature preserves. 2. Passive recreational areas, boardwalks, and recreational shelters. 3. Biking, hiking, and pervious nature trails. 4. Water management structures. 4.4 GENERAL NOTES A. Buffers shall be provided around all wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places, and averaging twenty -five (25') feet from the landward edge of wetlands. Where natural upland buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit and the LDC. page 4 - 1 SECTION FIVE DEVELOPMENT COMMITMENTS 5.1 PURPOSE Agenda item Rio. 3A ebruary 13, 2007 Page 28 of 151 The purpose of this Section is to set forth the development commitments for the development of the project. 5.2. GENERAL All facilities shall be constructed in strict accordance with final SDP, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this project even if the land within the RPUD is not to be platted. The developer, its successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successor or assignee, shall follow the Master Plan and the regulations of the RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is bound by commitments within this Document. 5.3. RPUD MASTER PLAN A. Exhibit "D ", RPUD Master Plan (See Section 7: Appendix) illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or SDP application. Subject to the provisions of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4. SCHEDULE OF DEVELOPMENT /MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the HAMILTON GREENS RPUD project is expected to occur in calendar year 2007 - 2008. Construction is expected to be concluded by no later than calendar year 2012. This RPUD shall be subject to the sunset provisions of the LDC. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to the LDC. 5.5. SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION PRACTICE /REGULATIONS A. The developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with the LDC. B. Sidewalks shall be permitted on one (1) side of the roadway when adjacent to preserve areas with limited access areas or single loaded residential roadways. C. All local streets shall be required to have a minimum forty feet (40') right -of -way and two ten I oot (10" wide travel lanes. page 5 - 1 ryeYl is Berri f, C. Y ".3 2 7 page 29 c 15'. D. Cul -de -sacs may exceed a length of one thousand feet (1,000). E. Fence or wall maximum height: Eight feet (8'), as measured from the finished grade of the ground at the base of the fence or wall. 5.6. AFFORDABLE HOUSING The applicant wishes to cooperate with Collier County to address affordable housing impacts associated with the project. Applicant, or its successor in interest, will make a financial contribution to Collier County in the amount of $1.000 per dwelling unit constructed in the project. Each contribution shall be payable within seven days of closing on each residential unit. Said contribution shall be a credit against and offset by that amount any requirement to pay an affordable or workforce housing fee that may be adopted by Collier County in the future. 5.7 LANDSCAPING The applicant will provide landscaping on both sides of an eight (8) foot wall, along the east property line, adjacent to Wilshire Lakes, to be installed prior to vertical construction adjacent to Lake 2 identified on the RPUD Master Plan. This landscaping will be similar in nature to the landscaping (as installed) associated with the Estuary portion of the Grey Oaks DRI along Golden Gate Parkway. 5.8 DECORATIVE PAVING The applicant will provide decorative paving on both ends of the roadway extending to the easternmost portion of the site. This decorative paving material will act as a traffic calming device. 5.9 TRANSPORTATION The development of this RPUD Master Plan shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. No. 01 -247), as it may be amended from time to time, and with the Collier County Long -Range Transportation Plan. D. Site - related improvements (as apposed to system - related improvements) necessary for safe ingreS3 and egress to this rnrnjort ac rictermined by Collier County, shall not be eligible for _g. page 5 - 2 Agenda Item No. SA February 13, 2007 Page 30 of 151 impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with the transportation section of the County's consolidated impact fee ordinance and the LDC, as it may be amended. F. All work within Collier County rights -of -way or public easements shall require a rght -of -way permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Res. No. 01 -247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in /right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of an existing County right -of -way or easement, compensating right -of -way shall be provided without cost to Collier County as a consequence of such improvement. K. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right -of -way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. 5.10 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors' storage and office facilities and the like, may be erected and utilized during the period of project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 5.11 POLLING PLACES Pursuant to the LDC provisions shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowners' associations, or tenants associations. This agreement shall provide for said community recreation /public building /public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. page 5 - 3 gen, a Item No. 'A. Fein .'ary 13.. 2007 Paae of 101 SECTION SIX RPUD REGULATION DEVIATIONS A. Within the HAMILTON GREENS RPUD, a seven (7) foot and five (5) foot concrete sidewalk is designed for one (1) side of the local street instead of the required two (2) sides. These deviations occur in two (2) specific locations within the community as follows: Entrance Drive. The seven foot (7') sidewalk is located along one side (south) of the entrance drive from the property line to the recreation parcel. At that point, a pedestrian crosswalk provides access to a five foot (5') sidewalk that is adjacent to both sides of the local street, throughout the remainder of the western portion of the property. If a second sidewalk was required, a retaining wall along the north side of the entire driveway would be required. Foregoing a sidewalk along the north side of the entrance drive allows for an easier and natural transition from the proposed grade of the driveway, to the adjacent upland preserve area, thus minimizing the overall environmental impact of the site. Additionally, since HAMILTON GREENS is a gated community, a single pedestrian controlled access point into the community is a logical design solution. Access towards Lake #2. The five foot (5) sidewalk is located along south side of the access drive servicing the easternmost portion of the site (towards Lake #2). The cross - section local street is designed to minimize the overall environmental impact, utilizing an existing unimproved roadway to the easternmost portion of the site. This local street services twelve (12) proposed units, therefore the anticipated pedestrian traffic by the residents is low. If an additional five foot (5') sidewalk is required along the north side of the local street in this area, the adjacent preserve areas to the south, as well as the off -site preserve area to the north, would be impacted greater than the proposed configuration. B. Within the HAMILTON GREENS RPUD, the proposed cul -de -sac roadways extend beyond the maximum one thousand (1000) feet in length. This is to service the easternmost portion of the site (towards Lake #2) while minimizing the overall environmental impact of the development. If the maximum length of the cul -de -sac is limited to one thousand (1000) feet, access to this portion of the site would be impossible. C. Within the HAMILTON GREENS RPUD, the proposed wall height is a maximum of eight (8) feet along the eastern property line (adjacent to Lake #2). This is the height of the wall described, presented and committed to during the two (2) NIM meetings. The creation of this wall, along with the proposed landscaping will minimize the impact on the adjacent land owners in Wilshire Lakes. page 6 - 1 EXHIBIT 1 BOUNDARY SURVEY F7777 121 V2 ? ir O LL > L < c, Agenda item No. 8A February 13. 2007 Page 32 of 151 ----------- page 7 - 1 page 7 - 1 =ape; a item No. f: e:,-Ua�y 13, 20 Pa,e 33 of 151 EXHIBIT 2 AFFIDAVIT OF UNIFIED OWNERSHIP COVENANT OF UNIFIED CONTROI, 'I he undcisi ,tied do hoi chy swear or affirm that they are the fee simple titleholders and owners of record o9' property commonly known as _Livim,ston Greens 11111) 222 So [;.S IIi <ghway 1, Ste. 2f)9,' CgLIcsta, FI, 33469 (Street address and City, Slain and Zip Code) and leeally described in Fxhibit A attached hereto. The pmoperty described herein is the subject of an application for planned unit development (11 I,D) zoning. We hurhy cicsifmatc C_corm- l_. Vai.n_idoe. list uiI rc arrd Patrick Cunningham, legal representatives thereof. as the legal rcprescntatires of the propern and as such, these individuals arc authorized to lcpaIly bind all owncrs of the plopur,+ in the course of scel <ims the necessary approvals to develop. This authoruy includes, but is not limited to, the briar, and uuthorirutiun of apcnts to assist in the preparation of applications, plans, surveys, and studies ncces.sary to obtain zonin approval on the site. These icpiesentutives Hill remain file only entity to authorize dcvelopntent activity on the property until such time as it rtcw or amended covenant of unified com of is delivered to Collier County. The undersigned recognize the following and will he !zuuled accordingly in file pursuit of devehrpntent of the ill ljcct: I, The property will he developed and used in conformity with the approved master plan including all conditions placed on the clevelopmont and all commitments agreed to by the applicant in connection with the planned unit devclopntcnt rezoning. 2. "file legal rcpres --motive identified herein is rc <.ponsible for compliance with all terms, conditions. safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole of in part, unless and until a new m ,Intended cm maul of unified control is dclivcrcd to and recorded by Collie] County. 3. n departure from the provisions of the approval plans or a fluilurc to comply with arty requirements, conditions, of safeguards provided for in the planned unit dcvclopment process will constitute a violation of the land Ucvciopmcni Cndc. 4. All terms and conditions of the planned unit d::velopmenl approval twill be incorporated into covenants and restrictions which null with the land so as to provide notice to subsequent owners that all devclopntcnt activity within the plonncd unit dcvclopment must he consistent kvith those tcrnts and condivons. S. So long as this covenant is in forcc, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit cicvclopmcnt, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the plauned unit devclopntcnt and the County ntay stop ongoing construction activity until the project is brought into compliance with all tcrnts. conditions and safeguards of the planned unit development. LIVIN6S1"ON ORPIA'S, EEC 13 t•: Richard P- licllin_tcr, lviana ;-201 STATE OF FLORIDA) MI IN FY OF Mf-, .i +) PA.m tat ?yc.1 {_ Swut'n to (ot al 1irmcd) :,nil subscrihed before me titis ,;� 3 - -- day of _, -00 v by Jet` b-',,I j 0' j;r' ( Jtitr~ _rr __ who is pcisonally known to me or has produced I.J ``(istt 0 k � h 41��'• '�ts�bn FkA ;,�' • .� Jury 26.2008 • it • •� SD03wi 75 .r�6lJC•5iA�0�� Notary public (Name typed printed or stampl(d) -- (Ser1a1 Nuntbcr. ifany) page 7 - 2 Agenda Item No. 8-A February 13, 2007 Page 34 of 151 EXHIBIT '2 -A' (For Covenant Of Unified Control) LEGAL DESCRIPTION The subject property being 29.68 acres, is described as: Leaal Description Of Survey As Furnished To Surveyor The Northwest quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, less the South 30' and the East 30' and the West 30' and less the North 30' thereof, Collier County, Florida, containing 8.37 acres more or less, and The Northwest quarter of the Southeast quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, less the North 30', Collier County, Florida, containing 2.30 acres, more or less, and The South 30' and the East 30' and the North 30' of to the Northwest Quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 1.29 acres, more or less, and The North 30' of the West 3/ of the North '/2 of the South '/2 of the Northwest quarter of the Northwest quarter of Section 31, Township 38 South, Range 26 East, Collier County, Florida, containing 0.66 acres, more or less, and The West '/2 of the North '/2 of the South '/2 of the Northwest Quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, less the North 30', less the West 30', reserved for public right -of -way, containing 4.40 acres, more or less, and The East one -half (1/2) of the East one -half (1/2) of the North one -half (1/2) of the South one -half (1/2) of the Northwest one quarter (1/4) of the Northwest one quarter (1/4) of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 2.54 acres, more or less, and The South '/2 of the South '/2 of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 10.12 acres, more or less. Legal Description Of Survey As Re- Written For Brevity The Northwest'/ of the Northwest'/ of the Northwest'/ of Section 31, Township 48 South, Range 26 East, Less The West 30 feet thereof, and The Northwest'/ of the Southeast' /4 of the Northwest 1/4 of the Northwest' /4 of Section 31, Township 48 South , Range 26 East, and The North '/Z of the Southwest '/ of the Northwest '/ of the Northwest '/ of Section 31 Township 48 South, Range 26 East, Less The West 30' thereof, and The Northeast'/ of the Southeast'/ of the Northwest'/ of the Northwest'/ of Section 31, Township 48 South, Range 26 East The South '/2 of the South '/2 of the Northwest quarter of the Northwest Quarter of Section 31, Township 48 South, Range 26 East, all being in and a part of Collier County, Florida and containing 29.68 acres ._ more or less. page 7 - 3 Aoe"1 -a ifem ND. SA 'BCD 07 Page 5 of " � I EXHIBIT 3 LOCATION MAP The subject parcel is located in northern Collier County on the east side of Livingston Road, approximately one mile south of Immokalee Road. (4800 feet north of the Livingston Road /Vanderbilt Beach Road intersection.) Vehicular access from Livingston Road to the west acts as the entrance into the community, while the parcel is bordered to the north and south by undeveloped lands consisting primarily of wetland preserves; and bordered to the east by Wilshire Lakes (a PUD community in Collier County). The project site is located in the West 1/2 of Section 31, Township 48 South, Range 26 East. See Location Map - (below) _ KING GFOR,GE LA `F �f r aI l .i_. �• ?;� {/' Q A� _ ��; I �� NENP L RRtf `^ .`J '� - 11 IAM CT { I P. f1 \'Tfil .y + ' ;s�i. w� ^. tir,FT_ I II r .aI r Lace oa Jy it r ERN „!F I LLIB_ �y � y�� , �� �. J.: l it y 10 aI P ;r LA r I l l,- rT"Y ra_SEPl-E V✓'Y § a7 r1R t t UNA d7- r z� ttiTltV x'21 P? PM RLLL W 'I a >I� � l MOt$9�T t rvY� S' v O R." '.. /'•�,fR a.' I i 1 ,, -.d ys / C L� � ^✓'`? _ i 236 LJ• --�1 , )SHALwLO4� ' g T— _L . Ti t- J c a Lr el - I ( }T r ( I� DE LA 'J' ) \ PELICAN MARSH R Vr, j�' ED OF plc ��1� ��36 ,fiAtL "i;r;'E 31 cn ae: C 11 WIFLS.HLMr, E L/ \/� DERSIL6 __! _13F-AC -RD_ 3S otiI 1 e .StE^L � "fO _stir BLVD , r tH(l:lT \c� - °4 i w S... J I� ti ALK i4 r` '� CA �1 �s� Q' tt1�!57 VOL, p "I'M a mar �C I °i � � ToteP :V 4—PPt'"CIIA C, A L- page 7 - 4 Agenda item No, 8A 7ebruary 13, 20107 Page 36 of 151 EXHIBIT 4 RPUD MASTER PLAN .7- Ueld jeisen an&l ll� Ol 4! lqunoo ja!ll 00 ik4 a ndU SU98JE) U011!W8H Lm x loi 7v ... Lu it .. ... ..... .7- ll� Ol 4! ik4 0. ... ........ 7v ... ....... it .. ... ..... 14 Fit ... q m cu F, 1, � :"I- 0 1 Cl) Twt -h 611 gE f 0. ... ........ ... ....... .. ... ..... 14 F, 1, � :"I- 0 1 Cl) Twt -h 611 gE f F, 1, � :"I- 0 1 Cl) Twt -h 611 gE it CD - ry 'Woo . . . . . . . . . . . . . . . . . A �4 i Z' - Will a c M, E CL 0 I page 7 - 5 .. ... ..... . . ..... ... q it CD - ry 'Woo . . . . . . . . . . . . . . . . . A �4 i Z' - Will a c M, E CL 0 I page 7 - 5 -,penca item No. EA v-i Sry 3, 2007 ^clod 37 of ^vj Co per County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUARY 4, 2007 SUBJECT: PETITION PUDZ - 2004 -AR -6810: HAMILTON GREENS RPUD APPLICANT: AGENTS: Livingston Greens, LLC Patrick D. Cunningham 222 South U.S. Highway One Huoston Cuozzo Group, Inc. Suite 209 2400 SE Federal Highway, Suite 310 Tequesta, FL 33469 Stuart, FL 34994 George L. Varnadoe, Esq. Cheffy Passidomo Wilson & Johnson, LLP 2400 SE Federal Highway, Suite 310 Stuart, FL 34994 REOUESTED ACTION: To have the Collier County Planning Commission (CCPQ consider an application to rezone the subject site from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a project to be known as Hamilton Greens RPUD. The PUD document proposes up to 88 residential units for an overall density of 2.96 units per acre. GEOGRAPHIC LOCATION: The subject property, consisting of ±29.68 acres, is located on the east side of Livingston Road, approximately 3/4 of a mile north of Vanderbilt Beach Road, in Section 31, Township 48 South, Range 26 East, Collier County, Florida. (See location map on the following page). HAMILTON GREENS RPUD, PUDZ- 2004 -AR -6810 Page 1 of 9 Agenda Item No. 8A February 13; 2007 Page 38 of 151 HAMILTON GREENS RPUD, PUDZ- 2004 -AR -6810 Page 2 of 9 r (D Z z 0 N 04 0 0 a: ppy i. ti ip f �� . €i a•ramuJ i 4 M Ir � z llq -- rybr a5a5 Y i Al El MI OOI i- OM0:i61� HAMILTON GREENS RPUD, PUDZ- 2004 -AR -6810 Page 2 of 9 r (D Z z 0 N 04 0 0 a: c Ei item lJo.�BA • ✓b,u Cary 13. 20,37 paae 2�9 of 151 PURPOSE /DESCRIPTION OF PROJECT: The proposed RPUD, if approved, will allow development of a multi - family residential project that features recreational facilities and amenities intended for the use of the residents of the proposed project. The PUD document indicates that the project will be accessed from Livingston Road. Several preserves are shown on the Master Plan along with water management lakes. 13.6 acres of jurisdictional wetlands, which represents 98 percent of the existing amount wetlands, are proposed to be preserved as part of the project. Additionally, 47 percent of the overall site's native preservation will be retained within the two proposed preserves that total 14.1 acres. The petitioner is seeking approval of a deviation from Land Development Code (LDC) Section 6.06.02., which requires 5 foot sidewalks on both sides of a street. The deviations are limited to occur on two portions of the proposed roadway system. One portion located at the entrance drive to the project, from the property line to the recreation parcel shown on the master plan; and the other portion along the access road to the easternmost portion of the site, depicted as "R1" in the master plan. SURROUNDING LAND USE AND ZONING: North: Collier Regional Park, Agricultural (A) zoned property (CU 03 -187). East: Wilshire Lakes PUD, residential PUD. South: Pelican Marsh PUD, mixed use PUD West: Livingston Road and then Pelican Marsh PUD, mixed use PUD. HAMILTON GREENS RPUD, PUDZ- 2004 -AR -6810 Page 3 of 9 5 a I I �♦ "ME PIE'S , � SUBJECT! I= I NIR: �L• 4C 0..L - ----- -L.�..---- -� na+w. S�•�� �- [LCM LW.E SATE �y gyp; 9 PROPERTY I® ,• _ _ -� 4_ -_ i a ♦ • r • • ry 11 � �•L3 I 11 0 , I yy � lv 1-- •i�, I x � v f z.M Nufr J. it 11 . . � I ♦ J EXCERPT FROM ZONING MAP HAMILTON GREENS RPUD, PUDZ- 2004 -AR -6810 Page 3 of 9 5 a Agenda item No. 8A February 13.. 2007 Page 40 of 151 AERIAL PHOTO GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Mixed -Use District, Urban Residential Sub - district) as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Sub - district permits residential development (variety of unit types) at a base density of 4 DU /A. This district is intended to accommodate a variety of residential and non- residential uses, including mixed -use developments such as Planned Unit Developments. Since the initial review of this PUD, the Northwest Transportation Concurrency Management Area (TCMA) has been created and incorporated into the Transportation Element of the Growth Management Plan. There is a potential to allow increased density up to three additional units per acre if certain transportation demand management strategies are utilized (see FLUE Policy 6.3). Review of the Density Rating System deems this project is eligible for a base density of 4 DU /A. The property is within the TCMA and has a potential for increased density of up to 3 DU/A. However, the applicant has not requested this density bonus. HAMILTON GREENS RPUD, PUDZ- 2004 -AR -6810 Page 4 of 9 Agenda Item No. 8A February 13, 2007 Page 41 of 151 Base Density 4 du /a TCMA Density Bonus 3 Total Potential Eligible Density 7 du /a Based upon the above analysis, staff concludes the proposed density of 2.96 units per acre and uses for the subject site can be deemed consistent with Future Land Use Element. Transportation Element: Transportation staff has reviewed this petition's traffic study and the PUD document to ensure the PUD document contains the appropriate language to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element, Policies 5.1 and 5.2. Those policies require the review of all rezone requests with consideration of its impact on the overall transportation system, and specifically notes that the County should not approve any request that significantly impacts a roadway segment already operating and /or projected to operate at an unacceptable Level of Service (LOS) within the five -year planning period unless specific mitigating stipulations are approved. Traffic analyses to determine significant project impact use the following criteria to determine the study area: a. On links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 3 percent of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 3 percent of the adopted LOS standard service volume; c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 5 percent of the adopted LOS standard service volume. "Project traffic that is less than 1 percent of the adopted peak hour service volume represents a de minimis impact." The proposed 88 residential units in the Hamilton Greens RPUD projects 69 peak hour trips and 736 trips on a daily basis. The Trip Generation projects an impact of 0.62 percent peak hour trips between Vanderbilt Beach Road and the project's entrance, and 0.75 percent between the project's entrance and Immokalee Road. There are no roadway segments impacted above 3.0 percent by the proposed development. Therefore, this petition is consistent with Policies 5.1 and 5.2. Conservation and Coastal Management Element: Pursuant to Objective 2.4 and Policies 2.4.1 & 6.5.1, an Environmental Impact Statement was provided to staff for review. In accordance with Policy 6.1.1, 25 percent of the existing native vegetation shall be retained on -site and it has been set aside as preserve areas. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. In accordance with Policy 62.6, required preservation areas are identified on the PUD master plan. GMP Conclusion: The Growth Management Plan is the prevailing document to support land use decisions such as this proposed rezoning to PUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. The Future Land Use Element designation is a portion of the overall finding That is required. The proposed uses are consistent with, the HAMILTON GREENS RPUD, PUDZ- 2004 -AR -6810 Page 5 of 9 Agenda Item Cho. 8A February 13, 2007 Page 42 of 151 property's future land use designation as indicated previously in the GMP discussion. The proposed rezone is also consistent with the Policies contained in the Transportation Element and in the Conservation and Coastal Management Element of the GMP. Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and 10.02.13.B.5 of the Land Development Code and required staff evaluation and comment. The staff evaluation establishes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn, use the criteria to support their action on the rezoning request. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit `B "). Transportation Review: Transportation Department staff has reviewed the petition and the PUD document that accompanies the request and recommends approval subject to the Transportation commitments contained in the PUD document. " Environmental Analysis: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns and recommends approval subject to the environmental commitments contained in the PUD document. Utility Review: The Utilities Department staff has reviewed the petition, noting that this PUD is located within the Collier County Water /Sewer District, and is subject to application for and conditions associated with a Water /Sewer Availability Letter from the Collier County Utilities Division. Zoning Review: Zoning staff has reviewed this petition and believes the proposed residential uses are consistent with the GMP as indicated previously in the GMP discussion. The GMP, through Policy 5.4, also requires proposed development to be compatible with and complementary to the surrounding land uses. Development standards, such as building heights, setbacks, landscape buffers, potential building mass, building location, orientation, and the amount and type of open space and location of that open space are considerations of compatibility as well. As illustrated in the aerial photograph, the surrounding zoning discussion of this staff report, and the Master Plan, west of this site, across Livingston Road, are single - family residential uses within a PUD zoning designation. North of the site is the Collier County Regional Park. To the east, are single- family and multi- family residential uses within a PUD zoning designation. To the south, the land is developed with single- family residential uses, consistent with the PUD zoning designation. The proposed residential development is compatible with the surrounding land use pattern. The internal design of the proposed master plan, access points, and project buffers are consistent with the LDC. The maximum proposed height on the east portion of the project depicted as "R1" on the PUD master plan, adjacent to Wilshire Lakes, is 40 feet, not to exceed 3 habitable stories; and a maximum of 70 feet on the HAMILTON GREENS RPUD, PUDZ - 2004 -AR -6810 Page 6 of 9 2007 Pag -e 4 31 01 1 S 1 west portion of the PUD, depicted as "R2" in the PUD master plan, not to exceed 4 habitable stories. The PUD document includes a commitment to install an 8 -foot tall wall, landscaped on both sides of the wall, along the east property line, adjacent to Wilshire Lakes PUD, prior to vertical construction adjacent to "Lake 2" depicted on the PUD Master Plan. Deviation Discussion: The petitioner is seeking approval of a deviation from Land Development Code (LDC) Section 6.06.02. which requires 5 foot sidewalks on both sides of a street. The deviations are limited to occur on two portions of the proposed roadway system. One portion located at the entrance drive to the project, from the property line to the recreation parcel shown on the master plan; and the other portion along the access road to the easternmost portion of the site, depicted as "R1" in the PUD master plan. Staff has analyzed the deviation request and does not object to the concept proposed in this deviation. The petitioner indicates that the alternative design is justified to allow a gradual grade from the proposed grade of the driveway to the adjacent upland preserve located on the west portion of the project. The petitioner also maintains that the alternative design, given the scale of the project on the east portion of the project, will provide safe pedestrian movements; and it will diminish the impact on the preserves. County Transportation Planning staff has reviewed this deviation and recommends that it be approved. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent for the applicant held the required meeting on April 24, 2006 at 5:30 p.m. at the North Naples Baptist Church, 1811 Oakes Boulevard. The first NIM was held on April 7, 2005 with then project planner for the county, Mike Bosi. Due to the addition of ten acres to the project, it was decided that an additional NIM be held to apprise the surrounding property owners' of the change. Eight persons other than the applicant's team and county staff attended. The majority of those present identified themselves as property owners in Wilshire Lakes. Of those who spoke, no one stated opposition to the proposed rezone and development. Several people asked questions and had comments. The applicant's team answered on behalf of the developer the following: 1. Construction to begin mid to late 2007 2. An 18 unit condominium Lakehouse of a maximum height of 70 feet (40 feet for all other buildings) and a clubhouse are planned for the western half of the property 3. The estimated market price points for the units are between $800,000- 1,000,000 4. An 8 -foot masonry wall will be constructed between Wilshire Lakes and our project 5. We're providing 5 bridge structures 20 feet wide along the E;'W drive for water drainage /flow way 6. The PUD will be gated with access from Livingston Road 7. Mr. Varnadoe assured property owners from Wilshire Lakes that there are no changes to the original conceptual plan for the eastern part of the property adjacent to Wilshire Lakes. Synopsis provided by Linda Bedtelyon, Community Planning Coordinator. EAC RECOMMENDATION: HAMILTON GREENS RPUD, PUDZ- 2004 -AR -6810 Page 7 of 9 Agenda Item No. 8A February 13, 2007 Page 44 of 151 The Environmental Advisory Council heard this petition in their November 1st, 2006 meeting and unanimously recommended approval (8 -0) of the subject petition subject to the inclusion of staff's recommended condition to obtain an Environmental Resource Permit from the South Florida Water Management District prior to issuance of any site plan approvals and with the sidewalk deviation because of the small number of proposed units and the environmentally sensitive nature of the site. STAFF RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDZ - 2004 -AR -6810 to the Board of County Commissioners with a recommendation of approval for the rezoning request from Agricultural to RPUD zoning designation. HAMILTON GREENS RPUD, PUDZ- 2004 -AR -6810 Page 8 of 9 Uury DC''7 a 15 151 PREPARED BY: CAROLINA VALERA, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT - STIRLING DATE ASSISTANT COUNTY ATTORNEY RAYMOND V. BELLOVI'S, MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE Exhibits: A. Rezone Findings B. PUD Findings HAMILTON GREENS RPUD, PUDZ- 2004 -AR -6810 Page 9 of 9 Aaeiida Item No. SA February 131, 2007 Page 46 of 151 REZONE FINDINGS PETITION PUDZ- 2004 -AR -6810 Chapter 10.03.05.G of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: The Comprehensive Planning Department has reviewed the proposed PUD amendment and has found the petition consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) offering a recommendation that this petition be found consistent with-the overall GMP. Con: None. Findings: Based upon staff's review, the proposed development is in compliance with the Future Land Use F.,lement (FLUE) of the Growth Management Plan (GMP) for Collier County and all other relevant goals, objectives-and policies of the GMP. 2. The existing land use pattern. . y Pro: This project will be consistent with the existing and proposed land use patterns as explained in the staff report. Con: None. Findings: Staff believes that the proposed amount of residential units will not create any negative impacts to surrounding properties. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro /Con: Evaluation not applicable. Findings: The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts.. It is also compatible with existing land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change, Pro /Con: Evaluation not applicable. Findings: The PUD district boundaries are logically drawn and they are consistent with the Urban (Urban Mixed-Use. District, Urban Residential Sub - district) designation of the FLUM in the GMP. EXHIBIT A !teiii Flo. 8A k)r,;ar;, "3, 20C17 R` a a e 4 J c?1 n J 1 S. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed change-is not necessary; it is being requested in compliance with the LDC allowances to seek such changes. Con: None Findings: The proposed PUD rezoning is appropriate, as limited in the PUD document and the PUD Master Plan based on its compatibility with adjacent land uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: The development standards contained in the PUD document are intended to mitigate any adverse impact to the living conditions in this neighborhood if the proposed change is approved. Con: The proposed sidewalk deviation will diminish the overall pedestrian pathway system of the overall project. Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval should ensure the least amount of adverse impact on adjacent and nearby developments. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: The proposed amount of residential units renders the PUD compatible with the Traffic Circulation Element. Con: None. Findings: The proposed PUD will not excessively increase the present traffic congestion. S. Whether the proposed change will create a drainage problem. Pro: The project will be required to comply with the requirements of the Collier County Land Development Code (LDC) as part of the Site Development Plan (SDP) approval from Collier County Government. Drainage problems should not be created when construction is done in accordance with County permits. Con: Urban intensification could potentially increase area -wide flooding in a severe rainfall event. EXHIBIT A Agenda Stem No. SA February 13, 2007 Page 4,3 of 161 Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub — surface drainage generated by developmental activities, 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro /Con: Evaluation not applicable. Findings: All projects in, Collier County are subject to the development standards that apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) that were designed to ensure that light penetration and circulation of air do not adversely affect adjacent, areas. This project will he subject to those same standards. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro /Con: Evaluation not applicable. Findings: Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Pro /Con: Evaluation not applicable. Findings: The development of adjacent properties, in accordance with existing regulations, will not be affected if this rezone is approved. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Pro /Con: Evaluation not applicable. Findings: The proposed rezone to PUD complies with the Urban (Urban Mixed -Use District, Urban Residential Sub - district) designation of the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact, the proposed PUD does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 1.3. Whether there are, substantial reasons why the property cannot be used in accordance with existing zoning. Pro /Con: Evaluation not applicable. EXHIBIT A .AaQri�a Item No. SA ,7eb-uary 13, 2007 Page 49 cf 151 Findings: The property is currently used in compliance with the existing zoning, which is A; this petition seeks only to amend that zoning designation. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Pro /Con: Evaluation not applicable. Findings: The proposed PUD amendment is designed in a manner that is compatible with surrounding property in size and scale. It is also consistent with the FLUE of the Growth Management Plan, as further limited in the PUD document. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro /Con: Evaluation not applicable. Findings: As noted above, this site is the subject of a specific GMP Sub - district. That Sub- district was designed to accommodate. the specific needs of that area of the County. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. Pro /Con: Evaluation not applicable. Findings: While site conditions may restrict the number, location and square- footage of the buildings, they would not render the property unusable. 17. The impact of development ' on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro /Con: Evaluation not applicable. Findings: A multi - disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and. they have found it .consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. . EXHIBIT A Agenda Item No, 8A February 13, 2007 Page 50 of 151 FINDINGS FOR PUD PUDZ- 2004 -AR -6810 Section 10.02.133.5 of the LDC of the Collier .County Land Development Code requires the Planning Commission to make . a finding as to the PUD Master. Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: The proposed number of residential dwelling units renders the proposed PUD suitable as far as future traffic impact and drainage on surrounding areas. Con: The additional number of traffic generated by the proposed development may result in a negative perception by the surrounding property owners. Findings: The site is located where it has access to.Livingston Road, and the traffic that this project is expected to generate will not have a significant impact on the LOS standard service volume. An existing water flow way is proposed to be preserved. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro /Con; Evaluation not applicable. Findings: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for the operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Pro /Con. Evaluation not applicable. Findings: The subject petition has been found consistent with the goals, objectives and policies of the GMP. Please see the staff report for a more detailed discussion. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The proposed density of 2.96 units per acre is below.the eligible amount of 7 units per acre allowed for the subject site. EXHIBIT B Age rnua !teiT, No, SA i=ebniary '3, 25,07 Page 51 0f 15 1 Con: Any intensification may be perceived as a increased impact on the road network as well as on the utilities. Findings: Staff analysis indicates that this petition is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro /Con: Evaluation not applicable. Findings; The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro /Con: Evaluation not applicable. Findings: Timing or sequence of development in light of concurrency requirements does not appear to be a significant problem as part of the PUD amendment process, but the project's development must be-in compliance with applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro /Con: Evaluation not applicable. Findings: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. Infrastructure is or will be in place in the vicinity and its adequacy will be determined at the time of SDP approval. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro /Con; Evaluation not applicable. Findings: This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards except for the sidewalk deviations in two locations of the PUD. . EXHIBIT B Collier County, Florida 4 2ND RE- SIJBMIF ,,Va Item No. SA PUI)Z- 2004- AR- 681.bruary 13. 2007 PROJECT 420040400fiag0 52 of 151 SECTION 8 DATE: 3/29/06 PRE- APPLICATION NOTESIMINUTES HEIDI WILLIAMS PRE-APPLICATION MEETING NOTES Z PUD Rezone ❑ PUD to PUD Rezone j - i- O `� ' Date: Firm; Project Name: Applicant Name: >�rgJr \% .. :off Phone, ZL 0 � Owner Name Owner Address: Phone: AJcefi/yng Attendees: Planner: A" , ir Lcl, I(t /'��i.. �t St•t:_ Submittal Requirements (refer to application for additional requirements) 24 Copies of the following: ® Completed Application Q . Pre- application Meeting Notes (y� Conceptual Site Plan 24X 36" and One 8' %.X 11" copy PUD document and Master Plan 2 Copies of the following: Deeds/L.egals & Survey (if boundary of original Pt3D is amended) List identifying Owner & ail parties of corporation Owner /Agent Affidavit signed & notarized Completed Addressing Checklist 4 Copies of the following: Environmental Impact Statement (EIS) orwaiver ® Historical Survey or-waiver request ® Utility Provisions Statement w /sketches [] Architectural rendering of proposed structures [] Architectural Review required Survey, signed & sealed _ Seven (7) Traffic Impact Statement (TIS) or waiver t r?; Gdnaern.'i -t Five (5) copies of Recent Aerial Photograph (with habitat areas defined) min scaled 1" = 400' R One (]) Electronic copy of all documents in Word format and plans (CDRom or Diskette) 7-1t�d� Fees: Application Fee: $10,000 +$25 per acre (plus Property Owner Notification fees) N $8,000 amendment $130.00 Fire Code Review $2,25o.o0 Comprehensive Planning Consistency Review S500.00 Pre - application fee (to be oredited toward application fee if submitted within 9 months of pre- application meeting. 5681.00 Legal Advertising Fee for CCPC mcoting (to be reconciled upon receipt of invoice from ?Maples Daily Naws). ® $205.00 Legal Advertising Fee for BCC meeting $1600,00 Environmental Impact Statement review fee * Property Owner Notifications 51.00 Non- cerltried; $3.00 Cerr Jfed return recefpr inall ( to be paid after receipt of invoice from Dept, of Zoning & Development Revicw _ Fee 'rotal s Section 8 Pre - Application NotestMinutes Page 1 of 2 Collier County, Florida Oran ^ fta t..a, vA = eL-uary 13. 2007 Meeting Notes PaZI e 5, 3 of 151 �tii�ri A t- Ac�r�/� s,P Cnl1��� Sir�L,)A I /tis 7S. ;f ALFA j"(L�-F + S �5 — /lJ,, Olt Alo >J°,4G� /n�C-? or�ITn 7;cfC /E'ad b5 .�1p ��lZ• T{1C -" � �°CPTlt71�J ��� 'Tru,� ZZ� tN-V-Hcm lIJFD Ie .) 1 ee HC-rl - A-i-Fp- 1- "Subk(,i ?lt Queers � /t -L A72L�t✓e--r7f,(0 - &-,Q ��e --L-PC 2,7 -2-3.S-- Yl c�UC C,r�l'�t — c)� /5y�{ c• C 4� Rtr�1.�le{ S[ accC��� nC.� fG� [t}r l: -�S -U C, 1i Cl..� I Vr !.�• -C �C.�.�fAr",. �rk�^� ii'�h ..^r Cn_I.i_� G���•- :s�G�f�i r� rv.�'r- o.���r,�.�.� oi�n tv�el�t��ci rrt �///v!Ij c�4c•c �.I,�u -��(- _ • 7,���1.,' . e tit i � � �y+}•�1' s GACurrenikPre -App forms4PUD pre- app.dac Revised October 15, 20D3 Section 8 Pre- Appiication Notes /Minutes Page2of2 HOUSTON CUOZZO November 8, 2004 Via hand delivery Agenda Item No. S'A February 13, 2007 735 COLORAI70,%F , 951 SUITE 7 STUART, FLORIDA 34994 (772) 223 -2128 FAX (772) 221 -0788 Mr. Joseph Schmitt, Director Collier County Community Development Department of Zoning & Land Development Review 2800 N. Horseshoe Drive Naples, Florida 34104 NC.G Ref#; 4089 Re, PUD Re- zoning Application Livingston Greens PUD Community Collier County, Florida Dear Mr. Schmitt, We are pleased to submit twenty -four (24) copies of the enclosed PUD Re- zoning Application for the Livingston Greens Master Plan Community on behalf of Livingston Greens, LLC. The PUD Master Plan is a practical and sensitive design vision that meets the Collier County's goals for development in the urban area. The plan has been prepared to the stringent demands of design within the existing natural environment, with significant preservation and enhancement of natural areas on this infill parcel. Livingston Greens is located on the east side of Livingston Road, approximately 3/4 of a mile north of Vanderbilt Beach Road. This residential PUD consists of approximately 19.56 acres with a density of less than four (4) units per acre, Working with members of the Collier County staff has proved to be extremely helpful in preparing this submittal, and we look forward to continue this working relationship in the review of this community. We are excited about this community and consider it a positive addition to the Collier County. If you have any questions, or need additional information regarding this application, please do not hesitate to contact our office. Thanking you in advance for your consideration of this project. Respectfully, Patrick D, Cunningham Senior Project Manager pdcl Attachment: PUD fie- zoning Application PUD Document Electronic version of PUD on disk Supplemental Documentation as required by Collier County cc: Project TeamlData (following page) LAND PLANNING • LANDSCAPE ARCHI'T'ECTURE • PROJECT COORDINATION U0V$RNEMLNT AFFAIRS a STRATEGIC PLANNING Dower �,uunry, rionoa ( /":L..villJq ILGfiI l`V. 11 -"'S' February 13, 2007 SECTION 18 Page 55 of 151 ADDRESSING CHECKLIST P.iesse complete the following -and submit to the Addressing Section fix Review, riot all.xtezns wM =P . to cv groiqgt.. Iterus in hold ry0 azb nuimcd, A;gail descriptloa of subject pmporty oT pwpemes (copy of lengthy descripfion maybe attached) S_ ee e_hrd Exhibit , °A,•' �cu 1 � � ?..J� �.� j�2.� � 7 U d 3'�r �� 2 it obo (Property [D) number(a) of above (attach to, or associate with, legal dwaiptioft. fmore tl an oi4) S.oattaahed Exhitiit "A" b b; q `T �� d o r> 1 Z Cy D i(iS�s2_Q 1 D D ;~D �' D- c>o4�ona5 T �? D. npr� 0C> 3, Street address .Dr adiizcsaes (as applicable, if already assigned) �e_attxched Exhibit "A" ,;;acatiott snap, shovyir exact lercation ofprojeatlaite in relatxcm to.neaceatpuFic road-zigbt df -aid, q�atrach) 5:1 Copy of survey (NEEDED ONLY E'M.UNPLATTED PROPERTIF3S .. ;Qroposeti project name (if applicable) Not.MyIicable 7.. Proposed Street names (f appiscdbI,t) i �2�at A:ntslicable- , :0, Sxte'DeWelopmcrit Plan Ntwhbcr (FOR EXlSTING`P 0J13CTSlSr0S't3�•Y) ;SDI? 9; `P etidfiu Type - (Complctn.a scparaiie Addfessing- Chec%list fbr wch P,edi on', M (] ST. I> (Site Davelppnment Flan) ZPPL (plant & Flat Rz6ety) E 'SDFA (SDF Amonldmestt). L7 PSG .(kt eliz�iinary.3ub3z vtstori Pia 0 SDPI (SDP lrtaubstsntial Chugej D F? (Final Plat) ;D SIP .(Site bmprovement plan) d LLA (Lot Tine Adjustment), to SIPA (SIP. Amcmdment) o BL (Blasting Po=it) ZJ SNR (Stxect:I atne Chaagc) 0 ROW (Right- of•Waypertaioll D vegetatioTVE1 otic (Veg. Removal Pcsmits) 0 FXP (Excavation Poraxi , x T.at &MO i?atition (Variance, Conditional Usp, d V. FP (Vog. Lemon ito, I 'aruxi,)' Bwit.Dock Ex't., Rezonr, PUD rezmp, vtc;) L7 Otlxes - Describe: I.D. Pro)' cet or developr6mt names proposed for, or afire -&dy.appesring:in ,eondominiubx doc.mnoats (if:� �piica�ie. I nd%cate whether proposed or existing) ._Not ppliaalile I 1,Tlease Check One:\ ecidist is to be FaxcrT Bank O Per On lly Picked. Vp 12 AppiicalatNatno Phone 261.9 40 Fax 2 1 -97 13 Signature on Addresst ecklist.doos not; constitute Project and/or Streoct Ntuno`aVraval and is si bjcni:to: - fuxter review by the A essing Section. FOR STAFF USE ONLY - - PrirnaryN•umbex /_L1 $q,_ Address Number LL q AAddrws Number {9 Address Ntmiber I� to _ Apprcycdby. 3 /i?1sXEt r Date S-64 2ND RE- SUBMITTAL PUDZ - 2004 -AK -6810 PROJECT 42004040025 DATE: 3/29/06 HEIDI WILLIAMS Section 18 01 })er Requirements Page 1 of 13 Collier County, Florida Aaenda Item Info. 3A February 13, 2007 Page 5c; of 151 Exhibit "A" FOLIO NUMBERS AND LEGAL DESCRIPTIONS 1. FOLIO #0099972000 — PROPERTY ADDRESS: NO SITE ADDRESS 31 48 26 NW' /4 OF NW' /4 OF NW %. LESS W 30 FT, E 30 FT, S30 FT, & N 30 FT 2. FOLIO 400200800000 — PROPERTY ADDRESS: NO SITE ADDRESS 31 48 26 W' /z OF N' /2OFS1 /2 OF NW %OF NW %4LESSW &N 30 FT 4.34 AC OR 2048 PG 455 3. FOLIO 00202600004— PROPERTY ADDRESS: NO SITE ADDRESS 31 48 26 NW % OF SE' /4 OF NW % OF NW 1/4, LESS N 30 FT RAN 2,27 AC 4. FOLIO #00200760001 — PROPERTY ADDRESS: 6800 MARIA DE LA LUZ BLVD 31 48 26 E% OF N '/ OF S 1/20F N W '/4 OF NW '/4 5. FOLIO #00200960005 — PROPERTY ADDRESS, NO SITE ADDRESS 31 48 26 S' /z OF S' /z OF NW Y4 OF NW 1/4 section I u Other Requirements Page 2 of 13 Collier County, Florida y 4,,oeny is !Lem No ".A r v y 2007 P a o e 5,7 o 1 etai]s Page 1 of 1 Current Ownership Folio No.11 00199720000 .,M Property Address NO SITE ADDRESS Legal S 26 NW114 OF NW114 OF 14 LESS W 30FT, E 30FT, S T, & N.30FT 2003 Final Tax Roll Values. Latest dales History Beta Book • Pape Amount D1 !'1890 � 9499 �'I�¢3 $A.OD SOH ='Save Our Homaa' ukerapt value due;to cap on assessment increases: The Information is Updated Weckly. Section 18 Other Requirements Page 3 of 13 _ Section Township Range Acres Map No. Strap No. 31 46 a 26 6.26 3B31 __j 462631007.ODD31331 'Sues No. MIDane Arn -t Mlilaae �q use Code 60 AGRICULTURAL A7 13,12441 2003 Final Tax Roll Values. Latest dales History Beta Book • Pape Amount D1 !'1890 � 9499 �'I�¢3 $A.OD SOH ='Save Our Homaa' ukerapt value due;to cap on assessment increases: The Information is Updated Weckly. Section 18 Other Requirements Page 3 of 13 Collier County, Florida Aaenca Item No. SA February 13. 2007 Page 53 of 101 'Details Page 1 of t c Current Ownership —Folio No. 00200800000 W;P, Property Addre .s NO SITE ADDRESS owner Name ROSENMAN, HARRY Addresses MICHAEL ROSENMAN Amount ALICE MCNEES£ 145 LAKE DESTINY TRL Clt ALTAMONTE SPG State FL Zlp 32714 •3458 Legal 131 48 26 W02 OF N112 OF $112 _ OF NW114 OF NWIM LESS W 8 N 30 FT 4.34 AC OR 2048 PG 455 ,For more than four Ilr of t e al pesarlpfion glonse callthe PropurS Appralser's Office. Sub No. 1D0 f�lltPA 30 AGRICULTURAL 47 13.1244 2003 Final Tax moll Values Latest Sales History Land Value 5195;300.60 Dete Book Page Amount (+ }.Improved Value I-) Market Value $0.00 $'195,300.06 04/1995 0911993 30�Ati.5" U.67--j-323 S 80,000.DO $ O.OD (•} SON Exempt Value S 194,$44.00 1 0111993 1787 -A72 $ 76,000.00 {�) Assessed Value S 456A0 ( -) Homestead and other Exempt Value 5 0.00 ( *} Taxable Value S 45fi.00 SOH+ `Save Our Homes' exempt value oue to cap on.essessmeni increases. Section 18 Other Requirements Page 4 of 13 :Details Collier County, Florida PaenCu i �{ A t::T `V J. Gr-t t -eD,"J Iry 'i -. 2007 :71aqe g of ;,1 Current Ownership Folio N0. 00202600904 Mai, Property Address I NO SITE ADDRESS Page 1 of,1 Legal 31 48 26 NW114 OF SE114 OF NW114 OF NW114, LESS N 30FT RW 2.27 AC Section Township Range _ _ Acres Map No. Strap No, 31 48 26� 2.27 3831 48263107 00 003531 Sub No. 10D hllilape Arp M��qg r 'SLtf~Codc t0 AGRICULTURAL 47 13.t24d 2003 Final Tax Roll Values Latest Sales History Land Value S 102,150.00 Data Book - Page Amount (�} Improved Value $0.0I 07 t i99fi 1Q4 l ffi.20,040.00 ( ■) Market Value 5102,150.00 f -) SOH Exempt Value S 101,912.00 ( =) Assessed Value $238.00 -) Homestead and other Exempt Value $ 0.00 I ®) Taxable Value $ 238.00 SOH r `Save Our Homes' exempt value due to cap on asseasment tneraasos. Section 18 Other Requirements Page 5 of 13 Collier County, Florida A. enda Item No. SA February 13, 20107 Page 60 of 151 tl�etails Page I of I Current Ownership FoBa 4:0]100200760001 .ttap g Property Address 16800 MARIA DE LA LUZ E3LVD Owner Name I ST JOHN, KARLA Addressesll 875 10214D AVE N C1ty NAPLES Siate FL Zip 34108 -3218 LG 3aill 31 48 26 E112 OF E112 OF N112 OF 5112 OF NW114 OF NW114 Seot4on Township Range Acro5 Map No. Strap No. 31 -- 48 26 215 3[331 _. 482631026.00031331 Sub No: 1 D4 bi�1BSLB�Les1 Mom t tJss-0 Q11g 9B NON- AGRICU RAL ACREAGE 47 -� 13,1244 2003 Final Tax Roll Values Latest Sales History SOH : "Save Our Homes' exempt, value due'to cap on assessment Inareases. eA Data gook •Page Amount 0412000 2b@k 4 633 S 225,000.00 0412000 26151L_ 631 $0.00 1111996 S O.DO 0811986 j 2236 -130D $ O.DO 0811986 2296 •1294 S 127,000.06 The information is Updaled Weekly. Section 18 Other Requirements Page 6 of 13 Details Folio Nol00200960005 1��v1C Owner Name LADEWIG TR, LOWELL L Addtes5cs TAD 8/19193 JENNIE MAE BOLJESIK 5609 127TH 5T CityCRE57W000 77CO-11 31 48 26 S112 OF 5112 OF NW1l4 OF N'VJ1(4 Collier County, Floridayy Current Ownership erty Address I NO SITE ADORESS StalellIL enea Item No. E e.')fuciiy J. LVJ% Pa0e 6-1 of 51 Page 1 of 1 60445.1074 Sub No. 100 M111ana Oran Hft '6JAO&Qdq 0 VACANT RESIDENTIAL 47 2003 Final Tax Roll Values. Land Value (*)improved Value S 450,00000 S 0.00 I-) Market Value S 450,000.00 [ 1 SOH Exempt Value $0.00 (z1 Assessed Value- 77—M0,000-00 1•) Homestead and other Exempt Value S 0.00 ( =1 Taxable Value $45 1000.00 oun = -wave uur homes" exempl value due to cap art assessment Isirreases, J Latest Sales History Date Book - I Amount 0811997 2341 - 4j j 3 0 DO The tnformaltan IS Updated Weekly. Section 18 Other Requirements Page 7 of 13 Collier County, Florida V L.cie c4a I +e 7t No. �. e:)ruary 1 ,j, ?0107 7-Gae o! 151 This instrument prepared by: Daniel H.. Cox, Attorney at Law Post Office Drawer CC Can-abelle, FL 32322 (950) 697-5555 LIMITED POWER OF ATTORNEY This Limited Power of Attorney is madeby Alice McNeese, fWa Alice B. Rosenman, Harry Rosenman, Michael Rosonrrnan and Eleanor H. Rosenman, TTEE, F/13/O Eleanor 1-1. Rosenman, Trust U /T/D 12/20/89, RECITALS A. Alizcc MaNeese, Harry Rosenman and Michael Roserrtnan are the owners of the Northwest 1/4 of tho Southeast 1/4 of the Northwest 1/4 of the Northwest 114, less the North 30 feet thereof, Section 31, Township 48 South, Range 26 East, Collier County, Florida. E. Alice A4eNcese, Harry Rosenman and Michael Rosenman are also the owners of the West 1/7 of the North 1/2 of the South V, of'the Northwest 1/4 of the Northwest 1 /4, less the North 30 feet and the West 30 feet thereof,. Section 31, Township 48 South, Range 26 East, Collier County, Florida. C. Eleanor Fl. Rosenman, Trustee and Alice McNeese, f/t: /a Alice B. Rosenman arc the owners of the Northwest 114 of the Northwest 1/4 of the Northwest 1/4, less the North 30 feet and the West 30 feet and the East 30 feet and the South 30 feet thereof, Section 31, Townships 4$ South, Range 2,6 East, Collier County, Florida. D. Barry Rosenman is the owner of the East 30 feet and the South 30 feet of the Northwest 1/4 of the Northwest 1/4 of the Northwest 1 /4, Section 3.1, Township 48 South, Range 26 East, Collier County, Florida. E. Collectively, the properties rcNrrcd to in Paragraphs A -D are hereinafter referred to as the "property" and the owners of the Property.arc referred to as the "Owners." F. The Owners have contracted to sale the Property to Devcon Development, LLC and Dcvcon Development, LLC has assignees the coaztracts to Livingston Greens, LLC, a Florida limited liability company. G. Livingston Greens, LLC has prepared to submit an application to change the zoning of tlue Property to a zoning category that will allow its intended use of the Property, and in the future as zoning approvals proceed, will prepare and file site plan applications with Collier County and pennit applications with various federal, state and local regulatory authorities. Section 18 Other Requirements Page 9 of 13 MPdAIt I VIN hKCtIVJ, Y-UU Collier County, Florida Agenda Item No. 8A February 13, 2007 Page 64 of 1�'::'1 H. Each of these applications require the signatures of the Owners before filing, THEREFORE, We the Owners hereby appoint Allen Rosenman, of 145 Lake Destiny Trai 1, Altamonte Springs, FL 32714, as our attorney in fact, for us in our name, place, and stead to do any and all acts and to execute any and all documents necessary to assist Livingston Greens, LLC in applying for and obtaining all approvals and permits required to develop the property, specifically including, but not limited to, all applications and submissions required by Collier County, the South Florida Water Management District, the Florida Department of Environmental Protection and the United States Army Corps of Engineers, We grant to our attorney in fact full power and authority to do and perform all and every act and thing requisite or proper to be done in the exercise of any of the rights and powers granted, as fully to all intents and purposes as we might or could do if personally present, with full power of substitution or revocation and with full authority to deal with the Property as authorized above, whether held by us individually or jointly with another, and we ratify and confirm all lawful acts done or caused to be done by our attorney in fact, or his substitute or substitutes, by virtue of the authority granted in this power of attorney. This instrument is to be construed and interpreted as a limited power of attorney to do the specific items, acts, rights, or powers specified herein. However, this appointment and the grant of authority herein shall be broadly .construed to affect, the intent hereof, and any doubt as to the authority of the attorney in fact to act on our behalf shall be resolved in favor of the attorney in .fact. It being the intent hereof that the attorney in fact shall have broad, full and complete authority to do all things necessary to submit application for and obtain the permits, zoning changes and other development rights necessaryto develop the property for its intended use as aresidential subdivision and related amenities. The rights, powers, and authority of our attorney in fact to exercise any and all of the rights and powers granted shall commence and be in full force and effect on the date this instrument is executed and such rights, powers, and authority shall remain in full force and effect from that date until written revocation of this power of attorney is recorded in the public records of Collier County, Florida, or the Property is sold, whichever is first to occur. This power of attorney shall be. durable and shall not be affected by any adjudication of incompetency or disability. All acts done by our attorney in fact pursuant to the power conferred during any period of incompetence or disability of any one oral] of us, shall have the same effect and inure to the benefit of and bind us or our heirs, devisees, and personal representatives, as if we were competent and not disabled. Signed and delivered on the dates indicated below Section 18 Other Requirements Page 10 of 13 InIVIIL 1 v11 F UU Collier County, Florida ca "Lem No_�A vb -uary 2QC7 Fade of � 5 1 The :stag, of Florida coutily of DULL_ The forcuoinn po,wel, daltorn-cy w is acknowled -t: jTm h- lbrq Ro=w-jan. lk, L gved bt;fo, is p3rnoluffly ICIIONw, to 11jr of p.I.()duu-j D}�,- b'r as 1"Icnifficarion. Ir .1 F I rl 1 1. �, � di. IlTint Na nie, 711MV L, IM f r1i -_- FrS P rill 1. 7 q am c Tht�� 71,f-at) (4:.C.Florida Coulity (if' 'S (".Jrqu n Notaly of Flovida Print, Muno Michael Rugenman T[w for4guing Wvar C.A.'al.orticy was aClCfL0Al)l_dgrd before nw, by 4idihel Rogmm1w. llt is perscuvilly hilown to 3-TIC, Or produced as ideniffication. (SEAL) Notary llublk,ftatc oflFlorid8 Print N21no, Section 18 Other Requirements Page 11 of 13 WITNESSES: Signaturp, Prini Name Si"nature M - Dr"rr, Prins Name Tliv Statu offloiridii ("011,gy Of nMlvllU 1 UN komr-MIN,), 1-ULi Collier County, Florida Agenda Item No. 8A February 13, 2007 Page 66 of 151 J Alice MoNcese, VkJa Alice 13. Rosanman Date: b 'fl)c.fdrtigoing,pDw6rof,ittc)rii,� walfi-Acknowl6dgpd y Rosenman. She ,J.is.peisvmdiy--kwwn to me or,rV (MAL) Y t:! ff 12.1 dv 151 ell VS Prins Marne j w'-z—,— Alicc-McNeest, f/fdaAlict Nota4 Piki-c-Sillft-of'Fiodda Print Name Date: as ide-nlifi calion. Section 18 Other Requirements Page 12 of 13 (11, Reowf . anitl The ,Stain arl"I(JI-id a Co-unty Of if) HAV,A1L I UN LjKEtNS, h'UD Collier County, Florida AzienQa !',jo. �A. 2'X-; 7 F, a g Z- 57 of "51 I'll-lanor 11. Roscranan, TFEE, F/B/0 Elcanor 1-1 Rosc-mman, Trust IY17D 12/20/89 The, f6legyoing.pmor of atbornoY was Watowledged befort ruc, by Elcarjor I-L-Romn.warl, She --as ide►ai:iEctvtion. (ST-M-) pit, Print Nainre 62" Spctlon 18 Other Requirements Page 13 of 13 Agenda Item No. 8A HAMILTON GREENS, PUD February 13, 2007 Collier County, Florida Page 68 of 151 SECTION 1 PUD REZONING APPLICATION 2ND RE- SUBMITTAL PUDZ- 2004 -AR -6810 PROJECT 42004040025 DATE: 3 /29/06 f�. HEIDI WILLIAMS APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE (PUDZ) ❑PUD 70 PUD REZONE (PUDZ -A) Petition No.: Planner Assigned: Date Received: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s): Applicant's Mailing Address: Applicant's Telephone # Fax #: Applicant's E -Mail Address: Name of Agent: Firm: Agent's Mailing Address: Agent's Telephone # Fax #: Agent's E -Mail Address: Name of Agent: Firm: Agent's Mailing Address: Agent's Telephone #: Fax #: Agent's E -Mail Address: Commission District: Livingston Greens, LLC 222 South U.S. Highway One, Suite 209 Tequesta, Florida 33469 561 .744.3341 561.744.3365 rbellinger @devcon.com Patrick D. Cunningham Houston Cuozzo Group, Inc. 2400 SE Federal Highway, Suite 310 Stuart, Florida 34994 772.221.2128 772.221.0788 pcunningham@hcgdesign.com George L. Varnadoe, Esq. Cheffy Passidomo Wilson & Johnson, Lip 821 Fifth Avenue South, Suite 201 Naples, Florida 33469 239.261.9300 239.261.9782 glvarnadoe @napleslaw.com Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association Mailing Address: Name of Master Association: Mallinq Address: Name of Civic Association: Mailing Address: Not Applicable Not Applicable Not Applicable Section 1 PUD Rezoning Application Page 1 of 6 HAMILTON GREENS, PUD Collier Countv. Florida Benda Item No. 3.4, _` bruary 13, 21307 Paa& F�G of 151 of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. MOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 31 Township: 48 S Range: 26 E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00199720000 00200800000 00202600004 00200760001 00200960005 00203042205 Metes & Bounds Description: (See Section 3: Legal Description) 4. Size of property: The subject property is an "L" shaped property. • approx. 661 linear ft. deep X approx. 668 linear ft. wide plus • approx. 1292 linear ft. deep X approx. 668 linear ft. wide • approx. 1,292,677 Total Square Feet • 29.68 Acres 5. Address/general location of subject property: Hamilton Greens is located on the east side of Livingston Road approximately 3/4 of a mile north of Vanderbilt Beach Road. (See Section 4: General Location Map) 6. PUD District: (LDC 2.0106): 7. Adjacent zoning and land use: ■ Residential ❑Community Facilities ❑ Commercial ❑ Industrial Direction Zoning Land use North: A: AGRIGULTURE URBAN RESIDENTIAL SUBDISTRICT South: A: AGRIGULTURE URBAN RESIDENTIAL SUBDISTRICT East: PUD: RESIDENTIAL URBAN RESIDENTIAL SUBDISTRICT West: PUD: RESIDENTIAL URBAN RESIDENTIAL SUBDISTRICT Does the owner of the subject property own property contiguous to the subject property? if so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Not Applicable 8. Rezone Request: This application is requesting a rezone from the A: Agriculture zoning district(s) to the PUD: Residential zoning district(s). Present Use of the Property: Vacant t SF: Single Family Residence Proposed Use (or range of uses) of the property: Residential Original PUD Name: Not Applicable Ordinance No.: Not Applicable Section 1 PUD Rezoning Application Page 3 of 6 Agenda item No. 8.A HAMILTON GREENS, PUD February 13, 2007 51 Collier County, Florida Page 70 Of 9. Evaluation Criteria: Pursuant to Section 10.03.05.G of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations f LDC Section 10.03.05) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? if so, what was the nature of that hearing? No, there has been no public hearing held on this property within this past year. 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre - application meeting. a. A copy of the pre - application meeting notes; b. If this rezone is being requested for a specific use, provide twenty (20) copies {this includes: HUI if affordable housing, Joyce Ernst, if residential and lmmokalee/Water Sewer District, if in Section i PUD Rezoning Application Page 4 of 6 C°{enda item No. SA HAMILTON GREENS, PUD February J-). -)r 'a 7' 1 Collier County, Florida � e of Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8Y2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC); ■ all existing and proposed structures and the dimensions thereof, • provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existing and /or proposed parking and loading areas [include rnatrix indicating required and provided parking and loading, including required parking for the disabled], • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), • proposed and /or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 10.02.02 of the Land Development Code (LDC) , or a request for waiver if appropriate. e, Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.05.07.B.1). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre - application meeting; h. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting); L Any additional requirements as may be applicable to specific conditional uses and identified during the pre - application meeting, including but not limited to any required state or federal permits. j. An electronic version of the PUD on a disk as part of this submittal package. k. Boundary Survey, no more than six months old. Please be advised that Section 10.03.05.B.3 of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately. Section 1 PUD Rezoning Application Page 5 of 6 Agenda item No. SA HAMILTON GREENS, PUD February 13.. 2007 Collier County, Florida Paae 72 of 151 PUD REZONE APPLICATION SUBMITTAL CHECKLIST cr=n r1ucrVa mT Ic-, Tn RP RtIRMITTED WITH APPLICATION PACKETI Ir7lJ "u ..— ,— __— _------- -- # OF NOT 'REQUIREMENTS COPIES REQUIRED REQUIRED 11 Completed Ap lication;PUD documents 24* 2. Copy of Deed(s) and list identifying Owner(s) and all Partners if a 2* Corporation 3. Completed OwnerlA ent Affidavit, Notarized 2* 4. lire- application noteslminutes 24* 5. Conceptual Site Plans 24* 6. Environmental impact Statement - (EIS) EEE 4 7. Aerial Phota ra h -.(with habitat areas identified 5* t3. Completed Utility Provisions Statement (with required attachments 4 and sketches - - Traffic impact Statement - TIS 7 10. Historical & Archaeological Survey or Waiver Application 4 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structures 4 13. ❑ Application Fee - "PUD Rezone" = $10,000 + $25 per acre ❑ Comprehensive Planning Consistency Review = $2,250 ❑ Application Fee -- "PUD to PUD Rezone" = $8000 Fire Code Review = 150 EIS Revlew = $1600 Check shall be made payable to: Collier County Board of Commissioners 14. An electronic version of the PUD on a disk as part of the submittal acket. 15. Affordable Housing Density Bonus Agreement Including all 4 A endices and Exhibits. 16. Boundary no more than 6 months old) 5 17. OTHER REQUIREMENTS: * Documents required for Long -Range Planning Review *1 additional copy if for affordable housing As the authorized agent for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. f Mnaturc Date Section 1 PUD Rozoning Application Page 6 of 6 .igemJa !?em No. SA. HAMILTON GREENS, PUD vl)ruary i3. 2) uC,7 Collier County, Florida Page 73 of 51 SECTION 2 OWNERSIPARTNERS LIST Address: (all 4 organizations maintain the same contact information) ■ Livingston Greens, LLC ■ Devcon Livingston Greens, LLC • Mr. Roland LaBonte ■ Mr. Chad LaBonte BLG Enterprises, LLC • Bellinger Enterprises, LP ■ Mr. Richard Bellinger 222 South US Highway One, Suite 209 Tequesta, Florida 33469 0: 561.744.3341 F: 561.744.3365 CHART A ORGANIZATIONAL CHART 2ND RE-SUBMITTAL PUDZ- 2004 -AR -6810 PRO,I ECT 42001840025 DATE: 3 /29106 HE, IDI WILLIAMS Section 2 Owners /Partners List Page 1 of 1 Agenda item No. 3A February 13, 2007 HAMILTON GREENS, PUD Page 74 of 131 Collier County, Florida SECTION 3 LEGAL DESCRIPTION The subject property being 29.68 acres, is described as: Legal Description Of Survey As Furnished To Surveyor The Northwest quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, less the South 30' and the East 30' and the West 30' and less the North 30' thereof, Collier County, Florida, containing 8.37 acres more or less, and The Northwest quarter of the Southeast quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, less the North 30', Collier County, Florida, containing 2.30 acres, more or less, and The South 30' and the East 30' and the North 30' of to the Northwest Quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 1,29 acres, more or less, and The North 30' of the West '/4 of the North '/z of the South '/z of the Northwest quarter of the Northwest' quarter of Section 31, Township 38 South, Range 26 East, Collier County, Florida, containing 0.66 acres, more or less, and The West 1/2 of the North Y2 of the South' /, of the Northwest Quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, less the North 30', less the West 30', reserved for public right -of- way, containing 4.40 acres, more or less, and The East one -half (112) of the East one -half (112) of the North one -half (112) of the South one -half (112) of the Northwest one quarter (114) of the Northwest one quarter (114) of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 2.54 acres, more or less, and The South 'h of the South '/z of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 10.12 acres, more or less. Legal Description Of Survey As Re- Written For Brevity The Northwest 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 31, Township 48 South, Range 26 East, Less The West 30 feet thereof, and The Northwest '/4 of the Southeast '/4 of the Northwest '/4 of the Northwest '/4 of Section 31, Township 48 South , Range 26 East, and The North 1/7. of the Southwest 1/4 of the Northwest 1/4 of the Northwest % of Section 31 Township 48 South, Range 26 East, Less The West 30' thereof, and The Northeast '/4 of the Southeast '/4 of the Northwest '/ of the Northwest '/4 of Section 31, Township 48 South, Range 26 East The South '/2 of the South '/z of the Northwest quarter of the Northwest Quarter of Section 31, Township 48 South, Range 26 East, all being in and a part of Collier County, Florida and containing 29.68 acres more or less. Prepared By William C. Mcanly P.S.M. 1543 2ND RE-SUBMITTAL Mcanly Engineering And Design PUD7-2004 -AR -6810 PROJECT #2004040025 5435 Park Central Court Naples Fl 34109 DATE: 3129106 H1;I1)I WILLIAMS Section 3 Legal Description Page1of1 Agen a Item No. SA . HAMILTON GREENS, PUD February '3. 2007 Collier County, Florida Page 75 O` 151 SECTION 4 GENERAL LOCATION MAP The subject parcel is located in northern Collier County on the east side of Livingston Road, approximately one mile south of Immokalee Road. (4800 feet north of the Livingston Road /Vanderbilt Beach Road intersection.) Vehicular access from Livingston Road to the west acts as the entrance into the community, while the parcel is bordered to the north and south by undeveloped lands consisting primarily of wetland preserves; and bordered to the east by Wilshire Lakes (a PUD community in Collier County). The project site is located in the West 1/2 of Section 31, Township 48 South, Range 26 East See Location Map — (below) * W -1 F a' 4 QUEEN ANN - LA: I N 8017 CT � 7 ..k G KiNG'GEORGB'LA V U, .� 41 �:7.i' 7 WILLIAM CT iC, I 'Yy - l� _-''1 B ERICK LAKE DR STERN CIR 10 0 SAILFISH LA S 11 COURT WY 5 BOLA JJ 12 COURT LA L ,^t,.;" •- AV, GO i'Er HARVE N X I `''{ 13 PRESERVE WY_ s pBELLW LAI. wa 1. " � f Rn A Sfl! i H 6 e. 0 WILSHIRE E SANDS j�VFR . PINES a O M s ..n^>• �. ,-a C.o ✓ , CtR SHALLO ra '11BU.RON MARIA CL R LAK£ VlY c+ to GOLF DE LA l UZ FPIA AV BLVD GOUNTRI'C CLUB T i`a I a �1ta 3 ��! {� u W v GALLERIADR GjO ,i TIBURON �µ�V ILSHIR� D ti f� `� LAKES- 3 ti0 Ilo116w WILSHIRE LAKES BLV ywldcrb7l"i - ul G' "" f:qupSUian (.entCf TI. RA ativ t�S} NDGRB1 T48.S g °U Tit_9S n WALK ,1 G !'4 .7 r7 AND !3 At D lit QsuornlNG 1�. b� w.. V rT YIIIWfi LAK LkKE �cr,.tiraa Eso n oJr t:F x y �D a 6F a BENI y V CIA T . Gl .cv ¢� a¢'Q ' tcH1 pp� w q �� ST4FAM GRCti1ll m � SS AQAY n'a m r- i*v � A �4 T HILL lA - I r._ �R ITO G'r 2ND RE- SUBMITTAL PIJDZ- 2004 -AR -6810 PROjEC T 9200410401025 DATE: 3/29/06 HEIDI WILLIAMS Section 4 General Location Map Page 1 of 1 Agenda Item No. 8A HAMILTON GREENS, PUD 2 February 13, 2007 ND RE- SUI3MITTA.I� age 76 of 151 Collier County, Florida NUDZ_2004 -AR -6810 PROJECT 42004040025 DATE: 3129/06 SECTION 6 HEIDI VV7LLIAMS WARRANTEE DEED This document prepared by (and after recording Return to): Nsmc: Harry Roscnnun Address: 214 Awn Rd. Cherry Hill NJ. 08034 Phone: 856-779 -7651 3215301 OR: 3334 PG: 1585 tti mn is ontan was 1t cOt,1m ow, n 0710112111tt01:1111 lRW1.U=1am qt m 11.51 W-.7# ,ti � tstsa: )UM om } 2H ITO 8 MW 1iu tq #1111 } ) • Above this line relesved for Official Use assn Q%ttcialas heed (Corporation to Individual) This Quit -Claim Dead, Executed this of0''� day of A.D. 2003. by Mutual Funding Realty of Fiorid0, Inc., ( Corporatio trst parrt3r, to Harry Roseftmen Whose post office addrv= is 214 Avon Rd, Cherry Hill N.J. 08034 second party: Witeeeseth, That the said first party, for and in consideration of the arum of $10.00 in }Land paid by the said second party, the receipt whereof is hereby acknowia S4 does hereby rzmise, relew and quitclaim uxto the said sa000d party forever, all the right, tick, buarest, ciairn, and demand which the said ft patty has in and to the fotiowing described parcel of lard lying and being in the County of Collier Suac of Florida to Wit, The South 30 feet and the sort 30 feet of the NW '% of NW 'h of the NW K Section 3 t, Township 48 SotaX Range 26 East. (Reserved for public right of way, and being subject to restrictions and reservations of cccord.) To Have and To Hold the amts together with all and Angular the appurterinticas thereunto bebnging or in anywise appataining, and ail the estate, 66L title, interest, Section 6 Warranty Deed Page 1 of 11 Agenr4a item No. "A, HAMILTON GREENS, PUD Feb ua,y 13.. 200, 7 Collier County, Florida Pale 7 7 of 15 1 x *: OR; 3334 PG; 1586 M Bert, equity and claim whatsoever of the said first party, chher in Lew or equity, to the only keeper use, bcwrrrt and behalf of the said second party fbmver. to Witum Wbereof~ the said fast party has signed and sealed these presents the day and year first above written. (Mutual Funding Realty of Florida Inc.) By, Wahat T. Donovan Titk: Presidtra Sidried, Sealed lull; Delivered In the ptestnee of these Witantta (One of whom may be a Notary): i Store of Florka Coumy of Collier The forcaoins instrument was acknowiodgod before me this _ 4 '494 lag (date} by Wskar T. Do"gin, t est (nam and title of ofrb=) of Mstdnl eggdkg j Alt of Elands LQ__ e__„_,,i & Florida Corporation, on behorof tBe corpontion. HelShe Is peraoeliaily ivawn to = or 111111113 produced (type of identification) as identification. r du�rxi Notary Public Primed Nemec:�A //• G ,Q. �c tirr"c» f My Commission Expires, Commission fit: W AIS.KwjwT SKI,'1 t7C>faltlitiNaM 001,�itlt Section 6 Warranty Deed Page 2 of 11 ,VlatorA& A. Wotoalf :a..a PrAKIJW x4rreat" 277%X I" dws ri1 1", 1 WK0, amts 6217 rr wyms, pLcKrw Jisav n.r+MS01w.r.. pwMw /w awu w,.r■.raV aaaoaroo0a4 00+fte+t4 && 9*9 Agenda Item No. SA HAMILTON GREENS, PUD February 13, 1 Collier County, Florida F�ae .`8 Of f 1 1551 wwe Io /Or. It' 20 78387 OR: 2204 PG: 1404 sum* amslu now a ruum ami, i, n COW low." "t !'!<f 0." wc-.n 111.11 MR: 1111I 11ttW ? 1 67111 t 211 tt ms! 11111 WAitRA,*n DESO Msdraw P2lth dayaf -rely A. A in AS by sovellue t wpaul e hwebb% r caved the rwum. to A1i0* NuNpesf. 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Yw uWas / 4hk ..►'1 y l C. wr,. rs ! 6 ►yo.wwe.f.rw 1.P 1 ;qel c. i l . -6u4 LG'cr►v Section 6 Warranty Deed Page 3 of 11 lrrl 1i o• m so lV N— r a O HAMILTON GREENS, PUD -eurh -rj, ,1 3, 20.07 Collier Count,,, Florida °aci e 7 ^1 151 �. r • NrwN wrrrw rawsa L.•Lrw,., 1�ArLNR s'<i'Mt larywN no, upso %W twos" ft"m of ALI" N Roo wm 1200 anew st"m Lows" rla. 32130 c Ouc a+nrl&&M 1314! -1 #t2 ta0_.....__ no1499 OR BOOK 001313 FIAGE L4 ! e l .s� s 1 G�LnLS,•wNh rt � at am A1itr A. on • u L'. of to an aawiwl"d IR =atOMOti s1.aLre M. 1006m aa• mm, Ill t laaaw R. Ropowa • b uat 1_2%!0_ /!_!t WW A100 A. i 04oftmss• Towate Lys O Ws# ast3 o• tee as Fri aot. L, 1330 Ar+d" street Rrrift 32730 ..L.eJ4...id 111. �wwLw. . 1a� • 7101 d. Mrrv. ;w ..1 10 meui..d1.. `i S• ON" •J • 1 �. , ... • wrL .LI,.. ..w% "46•.•. moo" and fw&wr wee. 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Y we rom" inw" Is awl .M .w.." an Lwor, L...w.s..d KCAI( ri*-wiY.1 wim r am .mnwd an so.". Mf pW s1 WW ad dlrW r l L ar 0...►. &4 i.1r� it .bra IY dq of 3 Nu.•...s ►►wwtr to 114hy; Jk !s,►, a i4.Y, it UW Section 6 Warranty Deed Page A of 11 Aaenda Item No. SA February 13, 2007 HAMILTON GREENS, PUD Page SG of 151 Collier County, Florida Zwto rr: saaau POO13441 wMrar NOR ,PZU&M NArrM" VZ"J STOP �-- JN. ,JSi JIJW 4 OR: 2048 PG: 0435 "t wr,.w�..n. »w..rta,rw�•rw o� � fnlarl K aqua avert. n or4tMr'r0ooe N11U11 It i t2W EM I. Oat tint M 000.0 at M 11.01 T00ISi 2.M W-11 W." ply ntam UTI ML TITO 1la i) TM WARRAM Dxtt1 AAsdr b ids" AV d 4211 .t. 1k B 02 b JOR1t M PAST 1aiNU M, AS ?IU17U Oi M JOlt1'J'ME9 KW li><S1tU M l.KV0-QU TtiM QATta AFM 23, tfsl, AR TO AM MMLVIOU 112 IteM!M AIM IM R. KMM ARM JUKTf A. )a7M , RLIRRIMMO AIM VIM, .AD TO " 170MYa026 112 IWTXLUT. AoslaMrr"WAS UMM1 Y x&W ApiMW W to A It I19'Ump werm are ms" Aa W A t!A "nun An AU= 1)rl=U# Aa 10 A :$I 7rraaaaf ► rArrMp0*400aiitulk J$10 ARM YSTIAt", L0M01Doo n JlTdQ iarwOl►triAJ W Mrrew� arr�.wwwrrrr,r V~ --,woo IM.rwrrwlww,m ul rrr.orrrrua.rrrw., VS-090 rr►rrr wnr.rrr. rwa�lry Hi 11 1W AjV4W e t jV A1W k Mob ft*AX8 lf& AM 4f J J0.00 and lobs, liiil/MiMrr► q�Al �o4rsMJr/irMr+�M�11� AIwJ Jr'� IAiMIMt aia aiw; +owirR I IIw MR11� a�f /M�rM rw w /RrML ai<�II/rrW1 Jw[ JiYMf:l OALUM 016"K JW jft ArttAa Maas 1/? at Ua Ma t1r 711 a! OU aMV )A N 0#0 aarsAwat 111 tar 0"sAwrs 1/t at aMtion 11, lbrraAlr /I sovtA, SSW* 40 Tart, "ASAar pager, rl*rAd*s 40" tAs asru J0 toss a.f lose t,Ar vast 10 tort, r+aarwr Nor "WAS A44t•el -vdw. ,Tr ura wamwa Raiam M VA904 awt W1w m y•K«d row 70G971111= rill at M wure4 4vago rw oWopp ow do 40sgit arir vVAW �1'0� AND 7D1ipU►�ilwarRrwp+a4i+J�"� AAiD 1M�rMr. rsrrrrn+rrlRsrit /wrrAarIM�RMarY Mrtb,rwy,ririw 41w+r IWMo�irMwJra MNrrYio�r�w/ fkar�lowwl= irrlrwrAt/rw�►Aaob�b rMiwle> wiMrba�lARr /srrlr�MrrlMrwnrari�t/r Iarjrldiiwr0/atrumr riw.rs�wwtwt�r ai�1L+ MR�t�j�.+ �rw+ �rrir wwrr<+re+►r+R�►.awi�It��•�+irJi �rH . IN WR�� II17�► Waall� ..r•a.►slr.rr.rrwrll�a.rrMrw 1Ar a4..�ir.r lrw.b.�. air. YI JJ— +r f veal- ox" AMAr Mna� ~arm IM It R gA1i0r IiOatN ) OOrA+�f01" tow= i I IRA! tir[!r am= YM� �,4.s w� w +Mir a� ,.ar+w 1� InY rr.�11 W Y pr+�MrwiY r �. M.wv�+w►I��M rrtnwr J04MIA KM ICUMU20T. Ta1rrm or r" JoemIn MR lalstAm 4atmmj `T>R s? A7M wT M. wmn An 3QDits A. wom, immum AIID Yin loft-" a oa M Yiyr.r 1640aaO W Yr IrlraYa r �YIYtMrM W lyiy/wp�rwaM �� ■11)�rRWra{r�AlsrYrOrrr/wMarYYf RY �. ,� AA to � !! �� �irrrl x w.wi+rw Section 6 Warranty Deed Page 5 of 11 this Irutrument was Ptepurd by n,1NtF L Ii COX. F%Q Pact affi.e Dtara C'C CwTs ellt. FL 32.122 0-so) 697.535$ HAMILTON GREENS, PUD Collier County, Florida item 1VO. 8A =ea7uary 13. ?007 Paal Q 31 c,f 151 3418433 OR: 3584 PG: 19 MUM In M IC1AL RICORDS of COLLIII Cour "t, !L 011101?"' it 02:10PX DWIGHT I. 890C1, CLM CONS $10000.00 RIC fit 11.50 Doc•.10 1510.00 Rein; DAti l I L H Col P 0 ORAVIR CC CARRABILLI IL 31122 WARRANTY DEED THIS WARRANTY DEED made and executed this-±day of June, 2004, by Karto St. John, a married woman, hereinafter called the Grantor, whose post office address is 875 102nd Avenue North, Naples, FL 34108, to Livingston Greens, LLC, a Florida limited liability company, whose post office address is 222 U. S. Highway I South, Suite 209, Tequesta, FL 33469, hereinafter called the Grantees: ( Wherever used herein the terms "Grantor" and "Grantees" include all the parties to this instrument and their heirs, legal representatives and assigns) W rTNESSETH: 'that the grantor, for and in consideration of the sum ors 10.00 and other valuable consideration, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the grantees, all that certain land situate in Collier County, Florida, vii: The East 112 of the East 12 of the Nonh 1/2 of the South 1l2 of the Northwest lla of the Northwest 114 of Section 31, Township 48 South, lunge 26 Fast, Collier County, Florida. Parcel Tax 1D #00200760001 The Grantor hereby covenants that the property is not her homestead nor is it her husbands homestead, nor is it contiguous to either of their homestead, within the meaning of the laws and Constitution of the state of Florida. SU BJEC i' TO: Taxes for the year 2004 and subsequent years; zoning, restrictions, prohibitions and other requirements imposed by governmental authority; and outstanding oil, gas, mineral and other reservations of record. TOGETHER with all the tenements, hereditwrients and appuxtcttances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenant with said Grantees that she is lawfully seized DFsaid land in fee simplc: that she has good right and lawful authority to sell and convey said land; that she hereby frilly warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances whatsoever, except as set out above. IN WITNESS WHEREOF the grantor has executed these presents the day and year first above written. Section 6 Warranty Dead Page 6 of 11 Signed, sled end delivered in they sent of: W. c s � r Svc t\27 Z, Print Name Witncss Print Name Aaenda Item No. 3A HAMILTON GREENS, PUD I—ebruary 13, 2007 Collier County, Florida Page 82 of 10 1 * ** OR, 3584 PG; 1912 * *t Karla St. John S'I'A'm OF FLORIDA COUNTY OF Cdl- The foregoing-in9tn=enL&AS acknowledged before me this q'kay of June, 2004, by Karla St. John, who c personally kno ' me or who produced as idemiriication. 1-9� C A.6= Print Name: P tV, ki L W_tii; �S (SEAL) Notary Public Commission #: S>0 14(#'l IS My Comrission Expires: Cp I.t . 3, ,2 acj la C:1dhcUJevcon1Warranty Deed.frm '�► � a.a.��o.r oa sono Section 6 Warranty Deed Page 7of11 nLs lauru ncn) was PrcputJ by DAMML H. COX, ESQ. Pull ofGu Dower CC Cambctic. FL 32322 0SO) 6974$55 HAMILTON GREENS, PUD Collier County, Florida WARRANTY DEED Agenda Item No. 3A r= e'raary "3, 2'07 Page Z`3 of i J 3424680 OR: 3590 PG; 2572 AICOVID Ift 0111CIAL AICOADS of COLL111 COUM11, It 06/21/2004 at 10 :12AX DYIG11 1, BAOCI, CLIRI CONS 20000.00 RIC 111 3130 DOC•.70 140.00 RetA: DAXIIL I C01 1 O DRAM CC CARttAbILLI 11 32122 THIS WARRANTY DEED made and executed this day of June, 2044, by John N. Brugger, individually and as trustee, hereinafter called the Grantor, whose post office address is 600 5th Avenue South, Suite 207, Naples, FL 34103, to Livingston Greens, LLC, a Florida limited liability company, whose post office address is 222 U. S. Highway I South, Suite 209, Tequesta, FL 33469, hereinafter called the Grantees: (Wherever used herein the terms "Grantor" and' (W Grantees" include all the pasties to this instrument and their heirs, legal representatives and assigns) WITNESSETH: That the grantor, for and in consideration of the sum of S 10.00 and other veluable consideration, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the grantees, all that certain land situate in Collier County, Florida, viz: The North 3Q feet of the Northwest 1/4 of the Northwest 1/4 of the Northwest 1/4, AND the North 30 feet of the crest 1/2 of the North 1/2 of the South 1/2 of the Northwest 1/4 of the Northwest 1/4 AND the North 30 feet of the Northwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida Parcel Tax ID #00203042205. The Grantor hereby covenants that the property is not his homestead nor is it his spouses homestead, nor is it contiguous to either of their homestead, within the meaning of the laws and Constitution of the state of Florida. SUBJECT TO: Taxes for the year 2004 and subsequent years; Zoning, restrictions, prohibitions and other requirements imposed by governmental authority; and outstanding oil, gas, mineral and other reservations of record. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging. or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever, AND the Grantor hereby covenant with said Grantees that he is lawfully seized of said land in fee simple; that he has good right and lawful authority to sell and convey said land; that he hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming an interest in the Property by, through or under Grantor, but no other; and that said land is free of all encumbrances whatsoever, except as set out above. IN WITNESS WHEREOF the grantor has executed these presents the clay and year first above written. Section 6 Warranty Deed Page 8 of 11 Signed, scaled and delivered in the presence of: h�( Witness I nVV Print Print Name 01 Agenda item No. `'A HAMILTON GREENS, PUD February 13, 2007 Collier County, Florida Page 84 of 151 * ** OR. 3590 PG; 2573 * ** C)L=�� John N. er, individually and as us trtc ' STATE OF FLO 1 COUNTY OF Lr The foregoing instrument was acknowledged before me this /`J day of June, 2004, by John N. Brugger, individually and as trustee, who is pc =111 known to me or who produced as identification. CHUM M. MOURROdS hiaY Pub. awls Florwa (SEAL � D6816'1005 f3onaoa fix„ sr CAdhc\DevconlbruggeAWarranty Deed.frm Print Name: Notary Public Commission 4: My Commission Expires: Section 6 Warranty Deed Page 9 of 11 HAMILTON GREENS, PUD . Collier County, Florida PvNh4 by a,J wham 10' 11nic111_ Ctx, P A., Avo,r_F, , 1 aw Ulm," CC 1'.y :atV lit, r1. J 21 1 Vlop vly- Appiatws i'ascrl idmiirscnsiw, tr,J1e) \,sabots): ot)iu yw(wj TRUS'f14,131S Dr-TI) Acliend4a item Wo. SAA =ebruary 13. 20-07 Page 85 of 151 3786466 OR; 3983 °G; 2666 RICORCBD in 0111CIA6 RECORDS of C05618R COUNTY, n 02/15/2006 dt 03;50PH HIM B. BROCK, Mar CONS 80000D100 EEC F81 11,50 DOc-.70 $400.00 Re tn: DAMEI It COI P 0 DRANSR Cc CARRABEW Pi, 32322 'MIS INDENITURE made and executed this9 "/clay of February, 2006, by Lom,cll L. Ladewig, Trustee ai'the 3ennic Mae I3oljesik Ttust dated January 18, 1991, as amended by first Amendnieut dated August 19, 1993 and as further amended by Sccond Amendment dated Janumy 5, 1996 ( "Grantor ") to Hamilton Greci)s, LLC, a Florida limited liability company, whose address 1s 222 U.S. Highway One South, Suite 209, Tepesta, Fl, 33469 ("Grantee"). 'i' M'NP;SSF1'H: TJiat the Grantor for and in consideration of Ten Dollars (SI0.00) and other valuable consideration to it in hand paid by Cltantee, the receipt whereof is lieieby ackno-w1cdged, does hcrelby grant, remise, release and quitclaim unto Grantee forever, all file right, title, interest, claim and demand which Grantor has in and to the following described lot, piece or parccA of ltutd, situate, lying and hciltg in the County of Collier, Stale of Florida, to Nvit: The South '/, of Ule South ''A of the Norlhwcst 1/4 of the Norlh%yut 1/4 of .election 31, Township 48 South, flange 26 Bast, Collier County, Floridtt. THIS CONVEYANCE IS SUBJECT TO: Taxes for the year 2006 and subsequent years; zoning, restrictiotzs, prohibitions and other requirements imposed by governmental authority; and the following: Oil, gas, mineral or othcrreserwtltions as sct forth in deed by Bari-on Collier, Jr., et al recorded in Deed Book 30, Page 91 of the Public Records of Collier County, Florida. Oil, gas, mineral or other reservations as set forth in deed by Drme Corporation recorded in Official Records 34, Page 269 of thc: Public Recoids of Collier County, Flor4i. Drainage I:aselncatt in favor of Collier County recorded in Official Records 2802, Page 2682 of the Public Records of Collicr County, Florida. TOGE'.111E;R WITH ALL'I'TTTE TENEMENTS, EIEREDITAI ENTS AND APPURTENANCES THEREOF I31:?1N(j OR IN ANY WISE' APPERTAfNINO, -1'O HAVE AltiID TO I•IOI I) the sane lento the Grantee and Grantee's heirs and Rssigns Section 6 Warranty Deed Page 10 of 11 Agenda Item No. 8A HAMILTON GREENS, PUD February 13; 2007 Collier County, Florida Page 86 of 151 OR 3983 PG; 2667 x forcvcr. Grantor warrnnts that it has legal title to the Propccly and that it will dt:fend the title to !tae Property from the clnints orall pct -sons arising under Grantar and none other, IN WITNI1 ?SS WHEREOF, Grantor Itns CXecuted this (document <n1 the clay and year first above written. Signed, sealed and delivered it] the j) relsence of: Print Niulle ivyV L 7- 1�Jctncss '' Print Name I STATE OF 7L,L r w c I S COl3NTY 01, 1�2 b o 1< , Ci1t � 'OI2: 0115 Jclulic Mile BoIjesik 'Crust dated January 19, 1991, as amended by First Amendment dated August 19, 1993 and as further amended by Second Antendinent tinted January 5, 1996 The f'orogoing instrument was acknowledged before we by Lowell L. Ladewig `1'rttstee of the Jennie Mac Boljeslk "1'ntm dated January 18, 1991, as amended by First Amendment elated August 19, 1993 and a:c farther amended by Second Amendment dated Janunry S, 3996 lie is personally known to me or (—) has produced 7- Yerwg!�s L1Ctryt6tts ►demifici tion. Wittim Iny hand and official seal this 9T�Lday of Febmary, 2006. OFFICIAL SEAL '�•� -���' � � `" DIANE R TACZY Printed Namc:_� NOTARY PUBLIC, STATE OF RLIN018 Notary Public MV COMMISSION EXPntrc8:0677Ar06 (SEA ) Section 6 Warranty Deed Page 11 of 11 A_�eo a Item No. SA HAMILTON GREENS, PUD ebrUary i3 213017 Collier County, Florida 7 C) 17 1 SECTION 7 OWNERIAGENT AFFIDAVIT We, AICE MCI�ILIrSE; RlJa/ Alice B. Rosennian, HARRY ROSLNMAN, MJCHAEL ROSENIMAN AND .THLEANOIZ I.1. ROSS> NMAN, TTEE FB /0 ELEAI�IOR H. ROSENMAN, TRUST U/T/D 12/20/89, by and through our attorney in fact, Allcn Rosmumm, and LIVINGSTO ?q GREENS, LLC, a Florida Emi.ted liability compauly, bt ing first dtfly stivorzi, dIcpose and say that we at-e the Owners of the property described herein and which is the subject xnatter (if tlhc proposed hearing, that all sketches, data and other supplementary matter attached to mid made a paid of this capplicatioui, are honest and true to the best of our knowledge and belief-, Vde understand that the information requested On this application must be complete and a.ccur-aw acid that th.e content of this .Form, Wbe1hw.coanputcr gemcratcd or County printed shall not be altered. Public Bearings will not be advertised uiatil this application is deemed ccnnplete and all required ii-S-ormation Bas been submitted. As property owner, -eve Further authorize Piatxick Di Clrnaiinblt Ian and Gcarbe L. Vaa nadoe; Ts(lairo to act as Ow represcnt<ative s, in any matters regarding this Peitition, ALICE MCNTRESL,'VICIa/ Alice H,. Roseumxrn; HARRY ROSENMAN, MICHAEL ROSENMA.N AND EILE -ANOR 11. ROSSEI\IMAN, TTEE F /I3 /0- ELL,AN0R H. ROSENMAN, TRUST TJjT /D'- 12120/9-9 i ! ; Alle n I�nssetal aia, their attorney in fact STA I'E OF . FLORIDA 1 COMM" OF Tile fore;;oinl, irastruinent.was ae1cnot0etlged before me this ��� day of 2004, . l)y AllcnRosonman, as attorney in fact :far Alice; ivlcneese, :C /k /a /Aiic r, 13. Rosenmau, Hurry Rosanniau, Ivlicbael Ros =man. and Eleain.nr.H. 'Rosscnman, TTEE flblo Bic ano -1I Rpsonman, Tros4u /t/d MOM, who is personally latoW.n to zne or has produoed.. 1 as identifacaaion. "' i - fTrr ^'�Y•.'rn liair.�'..sryln�rsm,l �Alalic` yi of )IoridD t c S �t, of Flu7idu cl�rrr..�; Arr. fi. �t}!)!i f._..,. r,.....l:...., .� , �.....__._ Print Mmic 2ND RE- SUBMITTAL PUDZ- 2004 -AR -6810 PROJECT 92004040025 DATE: 3/29106 HEIIIlt WILLIAMS �„U, ., . Section 7 Owner /Agent Affidavit Page 1 of 3 'IUMV1 `IUU11LY' rlu)lucl 7 genoa item 1qo. SA February 13, 2007 Facie 88 of 151 ✓YV N(iSTON GTRL-ENS, LTIC, a Florida lirnited liabiEity cat pany By: Drvcw, D--valopmerxt LTIC, a Floridfi limited liability company as its ni=-ing i-atmb--r BV: Chad P. LaBontc, Manage• STiVFE OTPLORIDA couN-'ry 0.1--, d 2004, by Mid P. LaBontc, Managrr of Devoon.Deve1opnient, -LL;C, a Florida UnAted bability company, as Mana"6iwmci-abew of Lwiagstou a MoTicia limited habiljt3' colupan),' who j4 2c to mv (it• has prod as idontil5cation. JDo 4, -b E IV, 0 r. 160 .Y iuly 26, 2UQ 8 +I-- "-q- gr AU Oj V. Nouijc Publio"Slate Offiariaa Section 7 OwnerfAgent Affidavit Page 2 of 3 , -vintm �.uuiny, rnunud �u ,.. , , �o. SA `Fe ,. biruasy 13, 2007 Page C9 of "151 AFFIDA YIT 1 Richar cl P. Bellinger ll farmer o� Livingston Greens LLC' being first duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required informatimi has .been submitted. As property owner I further authorize George L. Yarnadoe, , and Patrick Cunnin h.am to act as my representatives in any matters regarding this petition, LIVINGSTON GREENS, LLC RICI ARD P. BELLINGER, ltdAager The foregoing instrument was acknowledged before me this �?Sa day of 2009, by A,�hgrd L 73EIl,n ec- who is personally lnrown to me or has produced as rderattf caliorz, State of Florida County of C0 1 7' 1% (M de, Rc rl (Signafure of Notary Public - S to of Florida) • 'k % %IIR4' ®v Notary Stamp % �N �' bo p • ' ' !1! -coo ,SIGryF�A �� ZF • mn •.��r a. July 26, 2010 *' #DD316175 %Iod TO bb r 6 Section 7 OwnerlAgent Affidavit Page 3 of 3 Q` 0 _?o a> m n3 a) LL Q LIVINbb I UN 4iKttNti, YUU Collier County, Florida SECTION 17 BOUNDARY SURVEY W 4 E a Z C? m bn At k= 66 At a¢ H L !C bik: �p trR S�gg i� �xy �yH �9y hj t Yrtpup n a i al k S Y{ IM JK�6 0 N €s8 a 5 a' CCp tE ?:apeep,, �y X d Y � 49 Y� rrt�eF 41, 3I Orb 9N- ONW331J1N3 ), NV7 � h 9 t� a li Ab�r� rprK Ron L moa°o A i �aoae"" o n tia W 4 E a Z C? m bn At k= 66 At a¢ H L !C bik: �p trR S�gg i� �xy �yH �9y hj t Yrtpup n a i al k S Y{ IM JK�6 0 N €s8 a 5 a' CCp tE ?:apeep,, �y X d Y � 49 Y� rrt�eF 41, t, L i ..,i• ,r �'�Sru �� ��� �n h I ? � 8a �� � vw•,v � h 9 t� a li Ab�r� rprK t, L i ..,i• ,r �'�Sru �� ��� �n h I ? � 8a �� � vw•,v Ab�r� rprK .SO �pa tia ,ME 'sad ���y1yo,�l, s suE t, L i ..,i• ,r �'�Sru �� ��� �n h I ? � 8a �� � vw•,v i C1�Y g fit! Section 17 Boundary Survey Pape 1 of 1 nne x.w r IS D� a sa4 �I { (N0:l7+WlShG� aJONN lIYON ND159NNR i C1�Y g fit! Section 17 Boundary Survey Pape 1 of 1 Collier County, Florida „ No. 3A February 13, 2007 Page 91 of 151 SECTION 13 TRAFFIC IMPACT STATEMENT (TlS): HAMILTON GREENS REZONING TRAFFIC IMPACT STATEMENT Project ##04527 Prepared by: DAVID PLUMMER & ASSOCIATES, INC. 1531 Hendry Street June 21, 2004 Fort Myers, Florida 33901 Revised March 21, 2006 2ND RE- SUBMITTAL PUDZ- 2004 -AR -6810 PROJECT 42004040025 DATE: 3/29/06 HLIDI WILLIAMS Soctlon 13 Traffic Impact Statement (TIS) Page 1 of 8 Collier County, Florida Amanda. Itam tJo. 8A February 13, 2007 Page 92 of 151 HAMILTON GREENS REZONING TRAFFIC IMPACT STATEMENT Introduction Hamilton Greens (hereafter referred to as the Project) is a proposed residential development located on the east side of Livingston Road approximately halfway between Vanderbilt Beach Road and Immokalee Road in Collier County, Exhibit 1. The Project will consist of a total of 88 low -rise residential condominium units. The Project is a one -phase development, with anticipated buildout in 2008. The purpose of this Traffic Impact Statement (TIS) is to provide the traffic analysis In support of the rezoning application for the Project. The TIS relies on standard transportation methodologies generally acceptable to Collier County. Project Access Project will have direct access onto Livingston Road, The Project Entrance will be a right-in/right-out movement only. It is located approximately 1.2 miles south of Immokalee Road and 0.8 miles north of Vanderbilt Beach Road, Exhibit 2. The first full median opening to the north of the Project is at approximately 2,290 feet north of the Livingston Greens Entrance. It is the County Park Entrance and is a full median opening. To the south, the next full median opening is located at Touchstone Entrance (full median opening), approximately 1,460 foot south of the Project Entrance. Pre - Application Meeting A pre - application meeting was held with the County Staff on March 31, 2004, The Project did not meet the preliminary warrant threshold values requiring a TIS per the Collier County Procedures and _Guidelines for Traffic Impact Studies. During the meeting, Staff indicated that the following information should be furnished as part of the traffic study, to show that there is no significant project impact on the roadway segments directly accessed by the project, per Collier County Growth Management Plan, Transportation Element, Policy 5.1 and 5.2. 1. Project trip generation, based on ITE Trip Generation, 7`� Edition. 2. Significant impact test on the roadway segments directly accessed by the Project. Section 13 Traffic Impact Statement (TIS) Page 2 of 8 Collier County, Florida Agenda item Ho. SSA 201-'7 Page 93 of 151. Trip Generation The Institute of Transportation Engineers (ITE) Trio Generation, Seventh Edition was used to develop trip generation estimates for the Project. The ITE trip generation calculations are included in Appendix A. The total AM peak hour, PM peak hour and daily Project trip generation is summarized below. Project Trip Generation - Summaryr'� AM Peak PM Peak Daily Land Use Size LUC In Out Total In Out Total 24 Hour Law -Rise Condominium 88 d.u. 231 15 44 59 40 29 69 736'21 Footnotes: (1) ITE, Trip Generation, 7°t' Edition. (2) Interpolated based on the proportion of daily to peak hour trips of Residential Condom inium/Townhouse (ITE LUC 230) trip generation. The peak hour. Project trips are less than 100 and daily Project trip generation is less than 1,000 trips. The 100 peak hour and 1,000 daily Project trip generation thresholds are the land use intensity warrant thresholds for a complete TIS. Therefore, the Project does not meet the land use intensity warrant thresholds for a complete TIS. Significant Impact Collier County Growth Management Plan, Transportation Element, Policy 5.1 identifies significant impact as the traffic impact on roadway segments (finks) directly accessed by the project where project traffic is equal to or greater than three (3) percent of the adopted Level of Service (LOS) standard service volume. The service volumes from the Collier County's current Annual Update and Inventory Report (AUIR) are to be used for all traffic studies. The 2005 AUIR service volumes for this segment of Livingston Road, from Vanderbilt Beach Road to Immokalee Road were used for significant impact test. Since, the Project has direct access to Livingston Road approximately halfway between the Vanderbilt Beach Road and Immokalee Road, the significant impact on the segments of Livingston Road, north and south of the Project Entrance, is assessed and presented in Exhibit 3, As shown in Exhibit 3, the Project traffic consumes less than one (1) percent of the adopted Level of Service (LOS) standard service volume. Since the County significant impact threshold is 3 %, the Project does not have a significant impact on the roadway segments directly accessed by the Project. Conclusions Tile conclusions of this traffic study are summarized below. The Project generates less than 100 peak hour trips and less than 1,000 daily trips and, therefore, does not meet the land use intensity warrant thresholds for a complete TIS. The Project generates approximately 69 peak hour trips and 736 trips on a daily basis. Project traffic consurries less than three (3) percent of the adopted Level of Service (LOS) standard service volume and, therefore, does not have a significant impact on the roadway segments directly accessed by the Project. Section 13 Traffic impact Statement (TIS) Page 3 of 8 iniwiu vry �nccivo, r vtj Collier County, Florida Aaenda Item No. €3A February 13, 2007 Page 94 of 151 Jet . l Section 13 Traffic Impact Statement (TIS) Page 4 of 8 04527%010%5005 HAMILTON GREErN5 .REZONING PROJECT LOCATION _I dpi TRAFFIC IMPACT STATEMENT MAP Section 13 Traffic Impact Statement (TIS) Page 4 of 8 11f11 vIIL I VIN VIILLIYJ, ruL Collier County, Florida ApenOa I+Leim No. SA 2007 Paae 95' of 151 Section 13 Traffic Impact Statement (TIS) Page 5 of 8 co \/ \/ £ / \ $2/ LJ- / f � # � \ \ � g� D }� \ — \j � / f � # � 2&z g� D }� \ — \j � $ o \� uj .M LL . L7 } & $ { } % > 2 § ƒ \ e E � § / & }� : $ 2 � # }. / muumw % wE Arc m%F «, ƒ ) �} a� �ƒ }� a� \: $ � � $ Y r } � J ƒ � ƒ % 9 ® ~ .m a �- % k & ! �� \\ /]� ƒ } ® | .don e Tmf Impact Statement mm Page Gye f 0 2&z D }� \ � $ o uj .M LL . L7 { } % > 2 § ƒ \ ) = E 2 muumw % wE Arc m%F «, ƒ ) �} a� �ƒ }� a� \: $ � � $ Y r } � J ƒ � ƒ % 9 ® ~ .m a �- % k & ! �� \\ /]� ƒ } ® | .don e Tmf Impact Statement mm Page Gye i IAMILTON 6REENS, PUD Collier County, Florida APPENDIX A TRIP GENERATION ITE TRIP GENERATION 7 Edition 2003 da Item Igo. 8A. 7 --, --a. 2007 Page 97 of 151 Trafflc impact Statement (TIS) Page 7 of 8 _Iq r UU Collier County, Florida Agenda item No. 8A FeDruary 164 2007 Page 98 of 151 Surnmary of Trip. Generartion Calctilation For 88 Dwelling Units of Low-Rise Residential Condo / ToWnhouse March 20, 2006 Average Rate Standa`rd Deviation Adjustment Factor Driveway Volume Avg. Weekday 2-�Wa'y Volume 0.-00 o ::00 1.00 736(l) i-9. AM Peak Hour Enter 0,17 0,00 1.00 1.5 7-9 AM Peak Hour Exit 0,50 01-.00, 1.00 44 7-9 AM Peak Hour Total 0_67 0183 1... 00 59 4-6 PM Peak HoUt Enter 0.45. b".-o'O" I. -0'0 0 '4 4.- PM 'Peak Hour Ex it b ..3 3' 0,.04., -:,i b0 29 •.6 ' 4-6 PM Peak Hour. Total 0.78 b,", 91 '69 Vo �ume� Satbtda-'y Vol 0,00 0 1:9104 M 0 Saturday 'Leak: Hour Enter 0.':0.0. .0,0'0 A .00 so- -tatiirday ?ea,k-_•Oour Exit-_ !0_00: .'Q 00 1;;00 'Saturday Peak A' r'To.tiil '0 Notec: A zero windicates m6 d6ta avgildble.. $oUrce: Tnatitute of,tramportation tngineats Trip Generation, 7th Edition.,.,,., -2010.31:, TRW GE14ERATION BY, 7M1,0ROTMIS, P -zrncrOon, Section 13 Traffic impact Statement (TIS) Page 8 of 8 Collier County, Florida V Agenda l em No. S.A 77), 77 y . 2007 VacEe 90 of 151 SECTION 14 HISTORICAL & ARCHAEOLOGICAL SURVEY OR WAIVER APPLICATION COLLIER COUNTY 2ND RE- SUBMITTAL PUDZ- 2004 -AR -6810 PROJECT #2004040025 DATE: 3/29106 HEIDI WILLIAMS WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT DATE SUBMITTED: AUGUST 16, 2004 PETITION NUMBER ASSOCIATED WITH THE WAIVER: (To Be Completed By Zoning and Land Development Review Staff) PROJECT NAME: HAMILTON GREENS PUD (formally known as LIVINGSTON GREENS, PUD) LOCATION: (Common Description) Livingston Greens is located on the east side of Livingston Road approximately 4,000 feet north of Vanderbilt Beach Road. (See Section 4: General Location Map) SUMMARY OF WAIVER REQUEST: (Properties located within an area of Historical and Archaeological Probability but with a low potential for historical /archaeological sites may petition the Community Development & Environmental Services Administrator or his designee to waive the requirement for a Historical /Archaeological Survey and Assessment. Once the waiver application has been submitted, it shall be reviewed and acted upon within five (5) working days. The waiver request shall adequately demonstrate that the area has low potential for historicaUarchaeological sites.) The property is in an area with low potential for historicallarchaeological sites, and the relatively undistributed areas, i.e., wetlands, will be maintained as conservation areas. SECTIOrJ ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A. Name of applicant (s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): (OWNER) Applicant(s): Livingston Greens, LLC Mailing Address: 222 South U.S. Highway One, Suite 209 Tocluesta, Florida 33469 Telephone # 561.744.3341 Fax #: 561.744.3365 E -Mail Address: rbellingerCdevcon.com Section 14 Hist -Arch waiver Application Page 1 of 4 Collier County, Florida Appncia Item NO. 8A February 13, 2007 Paae 100 of 151 B. Name of agent(s) for applicant, if any: Agent: Firm: Mailing Address: Telephone # Fax #: E -Mail Address: Patrick Cunningham Houston Cuozzo Group, Inc. 2400 SE Federal Highway, Suite 310 Stuart, Florida 34994 772.221.2128 772.221.0788 pcunningham @hcgdesign.com Agent: George L. Varnadoe, Esq. Firm: Cheffy Passidomo Wilson & Johnson, LLP Mailing Address: 821 Fifth Avenue South, Suite 201 Naples, Florida 33469 Telephone #: 239.261.9300 Fax #: 239.261.9782 E -Mail Address: glvarnadoe @napleslaw.com C. Name of owner(s) of property: (SAME AS APPLICANT) Note: If names in answers to A and /or B are different than name in C, notarized letter(s) of authorization from property owner (C) must be attached. (SEE SECTION 7: OWNEWAGENT AUTHORIZATION) SECTION TWO: SUBJECT PROPERTY DATA A. Legal description of subject property, Answer only 1 or 2, as applicable, 1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: NOT APPLICABLE Plat Book Page Unit Block Lot Section 31 Township 48 S Range 26 E Note: Attach copy of the plat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked. 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description, which is not sufficiently detailed so as to locate said property, and may require a certified survey or boundary sketch to be submitted. (SEE SECTION 3: LEGAL DESCRIPTION) Section 14 Hist -Arch waiver Application Page 2 of 4 r'm N 1141 u1V ur\F CrV o, r- u u Collier County, Florida Agenda item No. SEA. u 2007 Pace 101�of 151 B. Property dimensions: Area: APPROX. 852,033 square feet, or 29.68acres Width along roadway: 1,002 LINEAR FEET Depth: 661 LINEAR FEET 11292 LINEAR FEET C. Present use of property: VACANT! SF: SINGLE FAMILY RESIDENCE D. Present zoning classification: A: AGRICULTURE SECTION THREE: WAIVER CRITERIA Note: This provision is to cover instances in which it is obvious that any archaeological or historic resource that may have existed has been destroyed. Examples would be evidence that a major building has been constructed on the site or that an area has been excavated as a quarry. The Community Development & Environmental Services Administrator may seek counsel of the chairman of the Historic and Archaeological Preservation Board when it is not completely evident that the site is without archaeological or historic value. A. Waiver Request Justification. Interpretation of Aerial Photograph Historical Land Use Description: Land, cover, formation and vegetation description: The site is currently vegetated by pine flatwoods and cypress — pine habitats The eastern most portion of the site has been cleared. 4. Other: B. The Community Development & Environmental Services Administrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The official decision regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the Community Development & Environmental Services Administrator or his designee regarding a waiver request may appeal to the Preservation Board, Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners utilizing the procedure outlined In Section 2.2.25.1 1. Section 14 Hisl -Arch Waiver Application Page 3 of 4 nry , v,v vi u.:civo, r vu Collier Courity, Florida Aaenda Item No. SA February 13. 2007 Pace 102 of 151 SECTION FOUR: CERTIFICATION A. The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B. All information submitted with the application becomes a part of the public record and shall be a permanent part of the file, C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8'/2" x 14 ") folder. Signature of Applicant or Agcnt- Printod Name of Applicant o ..Agent -TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION- SECTION FIVE: NOTICE OF DECISION A. The Community Services Administrator or designee has made the following determination: 1. Approved on: By: 2. Approved with Conditions on: By: (see attached) 3 Denied on: _ (see attached) Ray BellowslHistoric PreservationlFormslRBIrb L� Section 14 Hist -Arch Waiver Application Page 4 of 4 . ^,genJa !tem No. SA x• February 13. 1,07 Page i 03 of ` 51 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • PL WAT51 -BOD- 432 -2D45 TDD (561) 647 -2574 Mailing Address: P.O. Box 24680, West Palm Preach, FL334164680 - wtvwsfwmd.gov September 19, 2003 Mr. Craig Smith W. Dexter Bender and Associates, Inc. 2052 Virginia Avenue Ft. Myers, Florida 33901 Subject: Livingston Road 16.4 acre parcel; Informal Jurisdictional Wetland Inspection; Collier County, S -31 / T-48 -S / R -26 -E Dear Mr. Smith: The District offers the following in response to your request for a determination of the jurisdictional wetland boundaries and other surface waters located within the subject property. Craig Schmittler, PWS, Senior Environmental Analyst, of the Natural Resource Management Division, conducted a site inspection on August 14, 2003. The project boundaries shown on the attached aerial identify the approximate limits of the property inspected. Based on the information provided and the results of the site inspection, the jurisdictional wetlands and other surface waters, as defined in Chapter 62- 340 F.A.C., within the limits of the subject property, are identified by the white crow's foot hatching on the attached aerial exhibits. This correspondence is an informal pre - application jurisdictional determination pursuant to Section 373.421(6) and F.A.C. 62- 312.040(7). It does not bind the District, its agents or employees, nor does it convey any legal rights, expressed or implied. Persons obtaining this informal pre - application jurisdictional determination are not entitled to rely upon it for purposes of compliance with provision of law or District rules. A binding jurisdictional determination may be obtained by submitting an application to the South I- lorida Water Management District Ft. Myers oft°ice for a formal determination pursuant to Chapter 4013- 4.042 F.A.C. or by applying for a permit. CO VCR, vna(9 ROARD P CEIVU) '7111, SEP t 2003 EXECUTIVE Of! /CE Nicolas j. Guti-5rrez, jr., Esq., 0wir Michael Collins Kevin McCarty Henry Dean, 6xecurrveDirecto, Pamela Rroolcs- Thomas, t4cr -Choir Hugh M. English Harkley R. Thornton ]rely M. Baguio Lennart E. l.indahl, P.L. Trudi K. Williams, P.F.. Agenda Item Flo. 3A February 13. 2007 Page 104 of 151 Livingston Road 16.4 acre parcel Page 2 A file has been set up with pre - application materials at the Ft. Myers Service Center office. If you have any further questions please contact Craig Schn*tler at (941.) 338- 2929 ext. 7739. Si 11 .1<71"orto, PWS or Supervi ing Environmental Professional er West Coast Service Center RTM/eds - Attachment (Memo, Location Map, and Aerials) c: USACOE - Ft. Myers w/ inemo, location map, and aerial DEP- w/ memo, location map r- Location Map Aggemda Item NO. SA February 13, 2007 X Sv S L!� AV MV n - 1 J ( YIX AV 11V� Y/M LE U YR Rq, r 1[M RV. d AV kV. VTI AV MY. ItIN AV lY. a W. D -EXT •'R 3-END-ER AND ASSOCIATES N6IRON.ifENTffL & k,4Rl2rrE CONSUlTlNC FORT ,VIT.RS, FL X940 334 —SCOO R��7 Project Loca tion P'R,IT USA`' ONLY, NOT FOR CONSTRUCTIG, August 08, 2003 10:21:00 a.m. Drawing: DEUDIPROJECTI.00ATICN.DWG Livingston Road SHEET 15.1 ± Acre Parcel �o ,o O U D1 `Z � di W Ca oLf) o b K3 Lo Ij :'� �� 03 -`may •� '._a 27 . ' ....�4.. _ .. a -.c ,.. U d '� V U C,C p H CJ N p >� o� 3 3 •� •� � a a � o,a b O b •� . p .� .0 0 oQ�i7 H nI $ 3 .0 Az !�' r.. 4 , y a Z3 �o ,o O U D1 `Z r ,-eni /n� -E idG-I 't"f'.t� i��.7. V7'1 I ape 1'7 of 151 TO: File � 1H / FROM: Crai g . SclYmittler, PWS, Senior Environmental Analyst THROUGH: Ross T. Nlorton, PWS, Senior Supervising Environmental Professional DATE: September 16, 2003 SUBJECT: Livingston Road 16.4 acre parcel; Informal Wetland Jurisdictional Inspection, Lee County, S -31 / T -48 -S / R -26 -E A site inspection was conducted on the above referenced property on August J4, 2003. The property inspected is located east of Livingston Road, north of Hawkeye. Drive and approximately Vz mile north of the Vanderbilt Beach Road Extension, The subject property is undeveloped, but has been disturbed by activities in the past. An elevated, filled road crosses the site from east to west near the center of the site. Borrow ditches (other surface waters) are present on both sides of the road. Most of the site is forested by pine flatwoods habitat. Cypress becomes more prevalent in the northwest and southeast corners of die property. Adjacent properties to the south, north and east are undeveloped. Property to the west has been cleared as part of the Livingston Road right -of -way. Melaleuca and to a lesser extent, Brazilian pepper have heavily invaded the subject property. The jurisdictional wetlands and other surface waters, as defined by Chapter 62 -340 F.A.C., within the limits of the property. inspected, are shown by white crow's foot hatching on the attached aerial exhibit, The northwestern corner and the southeastern, corner of the property are dominated by cypress /pine slough habitat that is heavily invaded by melaleuca. The jurisdictional other surface waters consist of die borrow ditches along the old filled madway. They are deep enough to hold water much of the year and vegetation in them includes pickerelweed, arrowhead, water lilies and numerous other obligate submerged species. The upland sections of the property are dominated by slash pine with a scattered saw palmetto understory. Brazilian pepper, scattered cabbage palms and a few oaks are also present in the canopy. The uplands cross the property from the northeast to the southwest. The only sign of listed species found on the site was a gopher tortoise burrow found within the old filled roadway. No other listed species were observed during this inspection. Agenda Item No. 8A j j U February 13, 2007 Page 103 of 151 So= FLORIDA WATFR MANAGEMENT DISTRICT LC)wm WP-Tr COAST REGioNAL SERVICE CF.i = no1 McGregor Boulevard, Fort Myers, FL 33901 (239) 338 -2929 FL WA M I -B03- 248 -1201 Suncom 748 -2929 Fax (239) 338 -2936 %ww.sfwmd.gov /org /exo /ftrnyers/ Regulation Department , RECEIVE D DE1; PUDZ- 2004 -AR -6810 R1CV: 5 January 11, 2005 Project: 2004040025 JAN Date; 7/25/06 DUE: 8/25/06 Craig M. Smith W. Dexter Bender & Associates, Inc. 2052 Virginia Avenue Fort Myers, Florida, FL 33901 . Subject: Livingston Road Greens Property; Informal Jurisdictional Wetland Determination Collier County, S31/ T48S/ R26E Dear Mr. Smith: The District offers the following in response to your request for a determination of wetland boundaries and other surface waters located within the subject property. Marie Dessources, Environmental Analyst, of the Natural Resource Management Division, conducted a site inspection on May 7, 2004. Based on the site visit and other site information, this 2.5 -acre site contains wetlands and other' surface waters (OSW) as defined by Chapter 62 -340 Florida Administrative Code (FAC). The black line on the attached aerial indicates the project 'boundaries. The areas considered wetlands and OSW are outline on the aerial photograph. This correspondence is an informal pre- application wetland determination pursuant to Chapter 373, Florida Statutes. It does not bind the District, its agents or employees, nor does it convey any legal rights, expressed or implied. Persons obtaining this informal pre - application wetland determination are not entitled to rely upon it for purposes of compliance with provision of law or District rules, A binding wetland determination may be obtained by petitioning the South Florida 'Water Management District for a wetland declaratory statement pursuant to FAC Rule 62 -340 or by applying for an Environmental Resource Pen-nit. The identified wetlands and surface waters, and, potentially, otlier .areas of the property not jurisdictional under State rules, may be wetlands and /or,'other waters of the United States under federal rules. Dredging or filling in such areas may,require'a Department of Army (DA) pemsit. Receipt of a state or local government permit does-hot .obviate the nee�'to obtain a DA permit . prior to commencing work. For more informatioh`about the DA R4Aatory Program., you may access the Corps' website at: http : / /www.saj.usaa.armyaniVpenir i. /..3`ndcx.html. You may also contact the local Corps regulatory office for additional information, at one of the following numbers: (239) 334 -1975. 6oyEwzyG Bo,4RD - XECUTITIE OFNC£ NicotAs J. Guti @rrez, Jr., Esq., Chair Michael Collins Kevin McCarty Remy Dean, Executive Director Pamela Brooks - Thomas, !lice -Omir ]-high M. English Harkley R. Thornton Irela M. L'agu6 Lennart E. Lindahl, P.E. Trvdi K. Williams, P.E. February 1 .1, 200 -1 Craig M. Smith Pane 1,09 of 151 Livingston Road Greens Property Page 2 A file has been setup at the Lower West Coast Service Center with pre - application materials. If you have any further questions please contact Marie Dessources at (239) 338 -2929 ext. 7781.. Sincerely, 11�kay U"i", kswlLiral Marie Dessources Environmental Analyst Lower West Coast Service Center MD- Attachment (aerial w/ FLUCCS) C: USACOE- Ft. Myers w /aerial, soils map, and location map Collier County w /aerial, soils map, and location nzap %A W, 4. "Amwom," • A 4L Not q; I 1 ' -.1 1 I.Q. Q'5: VAN Minh ti r. logs WW AMWAY Ov va"! WT j", lot, 10enda ;lam I'J�. Sirs. I IAMILTON GREENS, Pt10 reb ruary 13 2 -'07 Collier County. Rorida : " a g e 1 1 1 '0f 15" EXHIBIT N HISTORICAL & ARCHAEOLOGICAL LETTER FROM FDSDHR a 1'UDZ- 2004 -AR -6810 Pruject:2004040025 REV: S FLOF.IDA DI?PARTMENT OF STATE Date: 7i2S/06 Glenda E. Hood DUE: $/25/06 Secretary of State i}IVISiON OF - USTORICAL RESOURCES Fc6ruary 10, 2005 Craig M..Smith W. Dexter Bonder 4nd Associates, Inc. 2052 Virginia Ave. Fort Myers, rL 33941 Pax 239- 334 -6714 Dear Mr. Smith: In response to your Inquiry of February ; 2005; tjte Florida Ma.smr Site File lists no previously regarded cultural resources in the following parcel: T48—S, R26F, Section 31 In interpreting the results of our searoh, please rrmembev the following points; Ares which have not been completely surveyed, such as yours, may contain uurecoede4 archaeological sines, unrecorded historically important structures, or both. • As you may know, state and federal laws, require formal environmental review for some projects, Record searches by the staff o£the.Morida Master Site Tile do not constittitc such a review of cultural resources, if your project falls under these laws, you should contact the Compliance Rer,iew Sectiort of the Bureau of Ristoric Preservation at 850- 245.6333 or at this address. Sincerely, Lauren E, Kasak Data Analyst, Florida Master Site File Division of Historical Rcsourcos R A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 -0250 Phone: $50- 245 -6440 State SunCotn: 205 -45440 Fax Eno: 850 -245 -6439 Email: fmsfile @dos.starefl.us Web; hap : //www.dos.statef.us/dhr/msj7 $00 S. Brottiough street - Talahassee, FL 323994250 , ht1p:L'�'wJ1heritagc.eom O Dizcetai's offiee C5 Acrhaeological Research ❑ iristoU'c Preservadon ❑ Historical d taseums (650) F&Y.- 745-41,35 (350) 249 -45444 - FAA: 285.6136 (850) 24S -63„3 - FAX; 215-0437 (U-0) NS -6400 - FAX- 245.6433 O raim Beach Regional Office O St. AttgUAHnt Regional Offlee O Tampa Regional Office ... - - - --.. --- - - I 4v. '1 Y! -->,An Section 10 Environmental impact Statement Collier County, Florida A qa:r r4 Ifam No 8A February 13, 2007 Page 112 of 151 SECTION 12 STATEMENT OF UTILITY PROVISIONS 1. Name of Applicant: Livingston Greens, LLC 2. Mailing Address: 222 South U.S. Highway One, Suite 209 Tequesta, Florida 33469 3. Address of Subject Property (If Available): Not Available. The majority of the property is vacant 4, Legal Description: (See Section 3: Legal Description) Section: 31 Township: 48 S Range: 26 E Lot: Block: Subdivision: Plat Book Property I.D. #: 00199720000 00200800000 00202600004 00200760001 00200960005 00203042205 5, Type Of Sewage Disposal To Be Provided (Check Applicable System): a. County Utility System b. City Utility System ❑ c. Franchised Utility System ❑ Provide Name d, Package Treatment Plant (Gpd Capacounty) e. Septic System 6. Type of Water Service to be Provided: a. County Utility System b, City Utility System c. Franchised Utility System Provide Name d. Private System (Well) X 0 El 2ND RE- SUBMITTAL ❑ PUDZ- 2004 -AR -6810 PROJECT #2004040025 DATE: 3129106 HEIDI WILLIAMS Page ##: Section 12 Statement of Utility Provislons Page 1 of 38 Collier County, Florida �• nan a 3t�n t i, �, SA nruary 131, 2t? % Paoe 113 of 151 7. Total Population to be Served: 137 Persons B. Peak And Average Daily Demands: a. Water -Peak 100,224 GPD b. Sewer -Peak 70,723 GPD Average Daily 25,056 GPD Average Daily 16,960 GPD 9. If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: October 1, 2006 10. Narrative Statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Sewage treatment will be provided by Collier County Public Utilities. The onsite sanitary sewer collection system will connect to the County's force main located in the Livingston Road right -of -way and/or to the existing sanitary sewer facilities within Wilshire Lakes PUD (available as per the Collier County Public Utilities Division letter dated July 18, 2005) 11. Collier County Utility Dedication Statement: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Onsite sewer and water system will be private except for a County Utility Easement around the backflow assembly located on the water system. All necessary agreements will be entered into at the appropriate time specified by the County. 12. Statement of Availability capaCounty from Other Providers: Unless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water. services from any provider other than the County, a statement from that provider indicating that there is adequate capaCounty to serve the project shall be provided. This issue is not applicable. As stated previously, the project will receive sewer and potable water services from Collier County. Section 12 Statement of Utility Provisions Page 2 of 38 Collier Couniv. Florida V WATER MANAGEMENT REPORT FOR HAMILTON GREENS (f.k.a. LIVINGSTON GREENS) Located in: Located in Section 31, Township 48 South, Range 26 East Collier County, Florida July 5, 2004 Revised June 1, 2005 March 9, 2006 Prepared by: William C. McAnly, P.E. McAnly Engineering and Design, Inc. 5435 Park Central Court Naples, Florida 34109 Phone (941) 593 -3299 Approved by: William C. McAnly, P.E. 2ND ,E, SUI3MITTAL pUDZ- 2004 -AR -6810 PROJECT #2004040025 DATD: 3129/06 HCIDI WILLIAMS Agenda Item No. 8A re ruary �, 2007 Page 114 of 151 Section 12 Statement of Util[ty Provisions Page 5 of 38 Collier County, Floridavv Ao ;nda Item No. v February ?.2007 Pane "' 5 of ' S1 TABLE OF CONTENTS SECTION A PHYSICAL DESCRIPTION PROJECT DESCRIPTION DESIGN STANDARDS SECTION B, BASIN I DESIGN COMPUTATIONS 1. Land Use Summary Il, Site Grading and Storage III, Soil Storage IV, Site Storage V. Water Quality VI. Bleeder Design VII. Main Weir Design VIII. Flood Routing XI. Construction Criteria X. Flood Encroachment SECTION C, BASIN I HYDROGRAPHS 1. Stage- Storage Computations 11. Stage- Discharge Computations 111, Hydrograph for Five Year, One Day Storm Event VI. Hydrograph for Ten Year, One Day Storm Event V11, Hydrographs for Twenty Five Year, Three Day Event XI. Hydrograph for One Hundred Year., Three Day Event., Zero Discharge Section ;2 Statement of Utility Provisions Page 6 of 38 Collier County, Florida TABLE OF CONTENTS (CONTINUED) SECTION D, BASIN 11 DESIGN COMPUTATIONS 1. Land Use Summary 11. Site Grading and Storage Ill. Soil Storage IV. Site Storage V. Water Quality VI. Bleeder Design VIL Main Weir Design VIII. Flood Routing XI. Construction Criteria X. Flood Encroachment SECTION E, BASIN 11 HYDROGRAPHS I. Stage - Storage Computations II. Stage - Discharge Computations Ill. Hydrograph for Five Year, One Day Storm Event VI. Hydrograph for Ten Year, One Day Storm Event VII. Hydrographs for Twenty Five Year, Three Day Event XL Hydrograph for One Hundred Year, Three Day Event, Zero Discharge ., -� -:o. SA :bruary 112007 Page 1 '116 of 151 Section 12 Statement of Utility Provisions Page 7 of 38 Collier County, Florida ,a r!�:a A�m info. SA . 7ebruary 13; 20077 r =age , ,E 1 of 151 SECTION A PHYSICAL DESCRIPTION Hamilton Greens is a proposed Planned Unit Development located in the northwest corner of Section 31, Township 48 South, Range 26 East, Collier County, Florida, Hamilton Greens consists of approximately 19.56 +/- acres, Hamilton Greens is located east of Livingston Road, west of a subdivision known as Wilshire Lakes, south of the Collier County North Naples Regional Park, west and south of a multifamily development known as Wilshire Pines, and north of an undeveloped parcel of land to the south. Access to Hamilton Greens will be provided by construction of an entrance road to Livingston Road. Utilities including potable water, sanitary sewer service and electric service are available to the project via the Livingston Road right -of -way and Wilshire Lakes. Hamilton Greens is currently undeveloped and not cleared, Hamilton Greens contains an existing natural flow - way, which traverses through the center of the property in a southwesterly direction. This flow -way extends northeast through the west end of Wilshire Pines and receives stormwater discharged from the Collier County North Naples Regional Park and other areas north of Wilshire Pines. The stormwater travels southwest via the flow -way across the property and eventually crosses Livingston Road and enters the surface water management system for the Tiburon development. The eventual outfall Is the Cocohatchee Canal. The property has topographic elevations ranging from 8.6 feet to 14.4 feet above mean sea level. The average site grade is approximately 12.25 feet NGVD. An existing dirt road, which is currently overgrown, traverses the property from the Livingston Road right -of -way to an old home site which is located on the east side of the flow - way next to Wilshire Lakes. The dirt road is built up above natural grade to elevations ranging from 12.3 feet to 14.4 feet NGVD and currently blocks the flow of stormwater in the natural flow way, which traverse the property. PROJECT DESCRIPTION Hamilton Greens is a proposed development that will consist of 23 three -unit buildings or 69 dwelling units, one multi- family building with 18 and 1 caretaker /guardhouse unit. The site density is 2.96 townhouse units per acre. Hamilton Greens will be divided into two separate bodies of development due to the preservation of the natural flow -way. There will be 19 three -unit buildings and a clubhouse located on the west side of the flow - way and 4 three -unit buildings located on the east side of the flow -way. Hamilton Greens will be divided into two separate water management basins due to the project being separated into two bodies of development. The two water management basins will discharge into the existing natural flow -way. The discharge of stormwater into the natural flow -way will have little effect on the drainage patterns and water levels in the surrounding areas. A proposed roadway will cross the flow -way in order to connect the two separate bodies of development. The roadway will be constructed in the location of the existing built up dirt road, which currently crosses the flow - way. Five concrete bridges will be constructed across the flow -way in order to allow offsite surface flow under the roadway. The bridges will also double as wildlife corridors providing safe passage ways for wildlife to pass under the roadway. The removal of the existing roadbed and the construction the bridges will improve drainage conditions in the area and enhance the natural flow -way. Hamilton Greens will also maintain existing flow conditions in the northwest by preserving the hydric pine flat woods located in the northwest corner of the site. This preserve is located outside the water management basins for Hamilton Greens. This preserve is a vital part of another flow -way that receives stormwater from the North Naples Regional Park, Livingston Lakes, and an undeveloped parcel of land north of Livingston Lakes. The undeveloped parcel of land is bordered on the west by Livingston Road, on the north by Windsong Club Apartments and Bermuda Palms, and on the south and east by Livingston Lakes. The stormwater from this undeveloped parcel of land travels south through an existing permitted flow -way within Livingston Lakes, into Section 12 Statement of Utility Provisions Page 6 of 38 Collier County, Florida Aa 2enda Item Igo. 8A February 13, 2007 Page 118 of 151 the on -site preserves located outside the water management system of the North Naples Regional Park, and into the hydric pine preserve at Hamilton Greens. The stormwater will then cross Livingston Road and enter the surface water management system for Tiburon development. The eventual outfall is the Cocohatchee Canal, DESIGN STANDARDS Seasonal high water (SHW) elevations for the two wetlands on -site were determined using biological indicators. The SHW for the main cypress wetland, 12.2 feet NVGD, is based upon lichen lines on the buttresses of cypress trees, The SI-IW for the hydric pine wetland in the northwest corner of the site, 12,5 feet NVGD, is based upon adventitious roots on wax myrtles. The SFWMD has reviewed and approved these indicators. The water management systems for the site were designed with a control elevation of 12.25 NGVD. The control elevation was based on the wet season elevation obtained from lichen line elevations on the site. The dry water season elevation was determined to be 8.0 NGVD based on the low water elevation in the lakes at Wilshire Lakes, Phase Two. The minimum centerline of road and the top of berm will be constructed at the peak elevation of the 3 -day 25 -year storm event. The minimum finished floor of the buildings will be constructed at the peak elevation of the 3 -day 100 -year storm event with zero discharge. Stormwater on the site will be collected by drainage structures located in the roadway, which will convey the stormwater to the onsite lakes via reinforced concrete pipes. Stormwater from the rear of the buildings will be directed to catch basins on site or to the upland preserve via swales. A drainage structure near the preserve and the aforementioned catch basins will connect to the onsite, lakes via reinforced concrete pipes. For buildings where a swale is not feasible the area around the buildings will be graded from the rear of the building to the road. Gutters will be installed on these buildings to direct stormwater to the roadway. Basin I consist of 11.61 +1- acres of which there is a 1.51 -acre lake, 0.33 -acre upland preserve, and 4.36 acres of open space, Basin II consists of 2,52 +1- acres of which there is a 0.64 -acre lake and 0.95 acres of open space. Outside the water management basins are two preserve areas, which consist of a total of 6.52 acres. Allowable discharge for the site is 0.04 cubic feet per second per acre. Therefore, allowable discharge for Basin I is 0,465 cfs and for Basin II is 0.09 cfs. The hydrograph for the 25 -year storm for Basin I indicates the discharge at the peak stage of 14.59 feet NGVD is 0.48 cfs. The hydrograph for the 25 -year storm for Basin II indicates the discharge at the peak stage of 14.00 feet NGVD is 0.3 cfs, In Basin I of Hamilton Greens, the project recovers from the 25 -year storm event to an elevation of 12.60 feet NGVD in 368 hours (15.3 days past peak stage), which is 0.35 feet above the control elevation. In Basin Ii of Hamilton Greens, the project recovers from the 25 -year storm event to an elevation of 12.28 feet NGVD in 141.00 hours (5.9 days past peak stage), which is 0.03 feet above the control elevation. The two water management basins for Hamilton Greens will use three inch (3") diameter orifice which is the minimum size orifice allowed by the SFWMD. The controlled perimeter of the water management systems will be maintained at a minimum elevation of 14.6 feet NGVD for Basin 1, or 1.0 feet above grade, which ever is higher, and 14.1 feet NGVD for Basin II, or 1.0 feet above grade, whichever is higher, to detain all surface runoff on -site. This Is based on the 25 -year, 3 -day peak flood elevation of 14.59 feet NGVD for Basin I and 14.00 feet NGVD for Basin IL The minimum centerline of road in each water management basin shall be 2.0 feet above the control elevation, or the peals stage of the 25 -year, 3 -day storm event, whichever is greater. The peak flood elevations according to the hydrographs for the 100 -year, 3 -day storm with zero discharge, was determined to be 15,21 feet NGVD for Basin I and 14.89 feet NGVD for Basin 11. All habitable dwelling structures will have proposed finished floor elevations as required for proper grading but not less than 15.21 feet NGVD for Basin I or 14.89 feet NGVD for Basin II. Section 12 Statement of Utility Provisions Page 9 of 38 Collier County, Florida Ac= nda "em No P-A. �, 2007 Page 119 of 1 1 SECTION B DESIGN COMPUTATIONS FOR BASIN I DEVCON LIVINGSTON LAKES BASIN I SECTION B DESIGN COMPUTATIONS Land Use Summary: Total Property Area Water Management Area Description Paving /Sidewalks /Roads Lakes Multi - Family /Common Bldgs Open Space Total Impervious Area: Residential Buildings Paving /Driveways Total Impervious Area Lakes Pervious Area Net Project Impervious and Lakes Total Pervious Area = 19.55 Ac.(100 %) 10.50 Ac.(100 %) Total Area (Ac,) 2.84 1.15 1.58 4.53 10.50 1.98 Ac. 2.84 Ac. 4.82 Ac, 1.15 10.50 -5.97 4.53 (45.9°/x) (11.0 %) (56.9 %) (43.1%) Section 12 Statement of Utility Provisions Page 10 of 38 Coilier County, Florida II. Site Grading /Storage: Average Undeveloped Site Grade = Control Elevation = Paving /Driveways 2.84 Ac. Lakes 1.15 Ac. Open Space 4.53 Ac. Average Developed Site Grade Ill. Soil Storage: Average Site Grade Control Elevation Depth to Water Table SFWMD Soil nda Item i o. SA :bruary 13. 2007 Page 120 of 151 12.25 ft, NGVD 12.25 ft. NGVD @Elevation 14.00- 15.80 ft. NGVD @Elevation 12.25 ft. NGVD @Elevation 12.30- 15.80 ft. NGVD ft. NGVD - 14.09 ft. NGVD Storage 2.02 "x 0.75 (75% for developed site) Ground Storage: 1.52 "x 4.53Ac.x 1712' S = 1.52 "x %pervious = 1.52"x 0.43 IV. Site Storage: See attached Stage Storage Computations in Appendix "A" 14.09 ft. NGVD 12.3 ft. NGVD 1.84 ft. 1.52" 0.57 AF 0.6536" Section 12 Statement of Utility Provisions page 11 of 38 V. Water Quality (Detention) First Inch of Runoff: Detention = 2.5" x % Impervious Site Area Collier County, Florida 2�narid'P 1 rn N February 13. 2007 rage 121 of 151 10.50 Ac, x 1712" Total - (Water Surface + Roof) 10.50 - (1.15+ 1.98) Impervious Area = 7.37 Ac. - 4.53 Ac. % Impervious = 2.84 - 7.37 2.5 "x 0.385 - 0.96" Detention Volume = Since 0.88 AF Detention Storage 0.88 AF 7.37 Ac. 2.84 Ac. 38.5% treated 0.96 "x 1712" x (Total Area) 0.96 "x 1712" x 10.50 0.84 AF Average Head: 13.01 + 12.63) > 0.84 AF , First Inch Governs 0.88 AF = 0.76 1.15 Ac. Detention Elevation = 12.3'+ 0.76' = 13.01 ft. NVGD VI. Bleeder Design: Maximum Drainage = 1(2" in 24 hours: 0.5 x 10.50 Ac. x 43560 SF x 1 DAY x 1 HR 12" /ft 1 AC 24 HR 3600 SEC Head drops from 13.01 to 12.63 Average Head: 13.01 + 12.63) - 12.25 = 2 For Weir Controlled Discharge: a - C A (2gH)t/z 0.22 = 0.61 xA A = 0.06 sq. ft. r = 0.14 ft. d = 0.28 ft. Try Weir with 3" Orifice 0.22 cfs NGVD 0.57' (2 x 32.2 x 0.57) 1(.5) Section 12 Statement of Utility Provisions Page 12 of 38 Collier County, Florida Agenda Item IVo. 8A February 13, 2007 Page 122 of 151 VII. Main Weir Design: Pre- dovelopment run -off has been determined to be 0.04 cfs per acre 5 -Year / 1 -Day Storm Event per South Florida Water Management District. Allowable Discharge = 0.04 cfs /Ac. x 10.50 Ac. = 0.4: Head, H = 14.25 - 13.01 = 1.24 ft. For 3" circ. orifice, 1/2 diameter = 0.13 ft. Max. Head = 14.3 ft. - 12.39 ft. - 1.86 ft. For Rectangular Weir controlled Discharge, Q = C x L x H1.5 6.80 0.42 = 3.13 x L x 1.24 ^(1.5) Peak Stage = L - 1.74 ft. NGVD Peak Discharge - 0.32 fl. (3.13 x 2.14) - 0.26 wid The minimum allowable orfice is a 3" circular orfice 1 -Day Rainfall - Flood Routing: a) 5 -Year / 1 -Day Storm Event Rainfall = 5.50 inches Peak Stage = 14.00 ft. NGVD Peak Discharge = 0.3 cfs a) 10 -Year 1 1 -Day Storm Event: Rainfall = 6.80 inches Peak Stage = 14.19 ft. NGVD Peak Discharge - 0.32 cfs b) 25 -Year / 3 -Day Storm Event: 1 -Day Rainfall - 8.20 inches 3 -Day Rainfall = 11.14 inches Peak Stage - 14.78 ft. NGVD Peak Discharge - 0.68 cfs See attached Hydrograph Computation in Appendix C) 100 -Year 13 -Day Storm Event: 1 -Day Rainfall = 10.40 inches 3 -Day Rainfall = 14.13 inches Project Acres = 10.50 acres Soil Storago(S) = 0.71 inches Section 12 Statement of Utility Provisions Page 13 of 38 Runoff [P - 0.2S]z - [P + 0.8S] From Stage /Storage Table Collier County, Florida Aaenda Item NO 3A -ebruary -in, 201.7 Paoe 123 of 151 14-13- 0.2( 0,65)] 2 = 234.39 [ 14.13 + 0.8( 0.65)] 14.77 1 5.87 Inches (15.87" x 1712 ") x 10.50 Ac, 13.89 AF 13.89 AF =_> Elevation 15.66 ft. NGVD IX. Construction Criteria: 10 Year/ 1 -Day Peak Stage Minimum Parking Lot Elev. 25 Year / 3 -Day Peak Stage Minimum center line of Roads (2' above cont) 100 Year / 3 -D2y Peak Stage (0 Discharge) Min. F.F. Elev. as Required greater than 15.42' NGVD FEMA Flood Insurance Map - Zone "X" Panel No, 120067 0195D, June 3, 1986 Collier County, Florida 25 -Year / 3 -Day Peak Discharge = 0.68 cfs Weir Structure: Berm Elevation = One (1): 7,80 Weir Crest = Bleeder Structures One (1): Circular Orfice = Invert Elevation - X. Flood Encroachment: Undeveloped Site: Natural Average Grade = 100 -Year, 3 -Day Rainfall = 100 -Year, 3 -Day Runoff: 14.13" x 1712" x 1 0.50 Ac. = 13.39 ft. NGVD = 13.39 ft. NGVD = 14.78 ft. NGVD - 14.78 ft. NGVD - 15.42 ft. NGVD Varies 14,8 ft. NGVD 14.78 ft. NGVD 3" 12.25 ft. NGVD 12.4 ft. NGVD 14.13 inches 12,36 AF section 12 Statement of Utility PrDOSIOnS Page 14 of 38 Collier County, Florida y Aaenda Item No. 3A February 13, 2007 Paae 124 of 151 100 -Year, 3 -Day Storage = 12.36 AF 100 -Year, 3 -Day Flood Elevation: AF 10.50 ft. (12.36 1 AC.) + 12.4' 13.58 NGVD Developed Site: 100 -Year, 3 -Day Runoff = 13.89 AF 100 -Year, 3 -Day Flood ft. Elevation = 15.42 NGVD Section 12 Statement of Utility Provisions Page 15 of 38 Collier County, FloridaV V ngenda Item `lo. •.4 rebf dai "y 1 , -2007 Page 125 of 151 SECTION C HYDROGRAPHS FOR BASIN I HAMILTON GREENS C-1 BASIN 1 Stage - Storage Computations Stage 0.55 AC .41 ac .33 ac 4.36 ac 1.51 # 16 # * ** OPEN 0 Feet PAVING DETENTION PRESERVE SPACE LAKE Total NGVD Storage Storage Storage Storage Storage Storage ac -ft ac -ft ac -ft ac -ft ac -ft ac -ft 12 15.8 xxxx# 15.6 xx * #* # 16 # * ** x* 0 xxxxx 0.03 *k * ** *x 12.5 k # *xx 0 0.13 0.14 0.38 0.65 12.75 0 0 # *xx 0.31 *x *xx 1.28 x # # *# xx +* 0 * * *xx #k�# 14.6 *x #. 13.8 # * * ** 12.1 * * # #* 12 # #x* 12.2 12 0 0 0 0 a 0 12.25 0 0 0.05 0.03 0 0.08 12.5 0 0 0.13 0.14 0.38 0.65 12.75 0 0 0.21 0.31 0.76 1.28 13 0 0 0.3 0,55 1.13 1.98 13.25 0 0 0.38 0.85 1.51 2.74 13.5 0 0 0.46 1.23 1.89 3.58 13.75 0 0 0.54 1.67 2.27 4.48 14 0 0.08 0.63 2.18 2.64 5.53 14.25 0 0.18 0.71 2.76 3.02 6.67 14.5 0 0.29 0.79 3.41 3.4 7.89 14.75 0.03 0.39 0.87 4.12 3.78 9.19 15 0.18 0.49 C.96 4.91 4.15 10.69 15.25 0.48 0.59 1.04 5.75 4.53 12,4 15.5 0.91 0.7 1.12 6.68 4.91 14,32 15.75 1.49 0.8 1.2 7.66 5.29 16.44 16 2.17 0,9 1.29 8.72 5.66 18.74 Section 12 Statement of Utility Provisions Page 16 of 38 WEIR LENGTH WEIR ELEVATION WEIR COEFFICIENT TYPE OF BLEEDER SLOT SLOT INVERT ELEV. ORIFICE DIAMETER Collier County, Florida Aaenda Item No. 8A February 13, 2007 Page 125 of 151 HAMILTON GREENS C -11 BASIN 1 Discharge Computations 4.42 FT. 14.8 FT. NGVD 3.13 CIRCLE 12.25 FT. NGVD .25 FT. PIPE DATA DIAMETER 1.5 FT. LENGTH 240 FT. N -VALUE 0.15 WEIR FLOW IN CFS - - --------------------- PIPE TOTAL STAGE WIER BLEEDER TOTAL FLOW DISCHARGE FLOW 12.25 0.00 0.00 0.00 0.00 0.00 12.50 0.00 0.08 0.08 2,62 0.08 12.75 0.00 0.14 0.14 3.71 0.14 1100 0.00 0.19 0.19 4.54 0.19 13.25 0.00 0.22 0.22 5.24 0.22 1150 0.00 0.25 0.25 5.86 0.25 13.75 0.00 0.28 0.28 6.42 0.28 14.00 0.00 0.30 0.30 6.94 0.30 14.25 0.00 0.32 0.32 7.42 0.32 14.50 0.00 0.34 0.34 T87 0.34 14.75 0.00 0.36 0.36 8.29 0.36 15.00 1.24 0.38 1.62 8.70 1.62 15.25 4.18 0,40 4.58 9.08 4.58 15.50 8.10 0.42 8.52 9.46 8.52 15.75 12.81 0.43 13.24 9.81 9.81 16,00 18,19 0.45 18.64 10.16 10,16 Section 12 Statement of Utility Provisions Page 17 of 38 Collier County, Florida Agenu'e Beni No. SA Page 127 �:)f 151 HAMILTON GREENS BASIN 1 C-I11 SANTA BARBARA PROGRAM PROJECT NAME HAMILTON GREENS REVIEWER .. , ...: WILLIAM C, McANLY PROJECT AREA ....: 11.61 ACRES GROUND STORAGE ... 1.37 INCHES TERMINATION DISCHARGE: .01 CPS TIME OF CONCENTRATION : .70 HOURS DISTRIBUTION TYPE..: SFWMD RETURN FREQUENCY ..: 5.00 YEARS RAINFALL DURATION.,: 1 -DAY 24 -HOUR RAINFALL ..: 5.50 INCHES REPORTING SEQUENCE , : STANDARDIZED STAGE STORAGE DISCHARGE (FT) (AF) (CFS) 12.25 .08 .00 12.75 1.28 .18 13.00 1.98 .23 13.25 2.74 .27 13.50 3.58 .31 13.75 4.48 .35 14.00 5.53 .38 14.25 6.67 .40 14.50 7.89 .43 14.75 9.19 .61 15.00 10.69 2.75 15,25 12.40 6.14 15.50 14.32 10.42 15,75 16.44 15.43 16.00 18.74 21.07 ------ RESERVOIR - - - -- RAIN ACCUM. BASIN ACCUM, ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) .00 .00 .00 .0 .0 .0 .0 ,0 .0 12.2.5 4.00 25 .00 .0 .0 .0 .0 .0 .0 .00 8.00 .75 .12 .7 .1 .1 .0 .0 .0 11.25 10.00 1.17 .36 1.5 .3 .3 .0 .0 .0 12.32 11.00 1.48 .56 2.2 .4 .4 .0 .0 .0 12.38 11.50 1.75 .77 3.3 .5 .5 .0 A .1 12.42 11.75 2.58 1.45 7.9 .7 .7 .0 .1 1 12,47 12.00 3.61 2.36 16.8 1.0 1.0 .0 A .1 12.58 12.50 4.01 2.73 16.2 1.8 1.8 .0 .2 .2 12.86 13.00 4.22 2,93 10.7 2.3 2.3 .0 .2 .2 13.05 14.00 4,50 3.19 4.9 2,8 2.8 .0 ,3 3 13.25 16.00 4.84 3,51 2.0 3.3 3.2 .1 .3 .3 13.38 Section 12 Statement of Utility Provisions Page 18 of 38 Collier County, Florida - Agenda Item No. 8A reoruary IT 2007 Page 128 of 151 " - -- -- RESERVOIR - - - -- RAIN ACCUM, BASIN ACCUM, ACCUM. INSTANT AVERAGE TIME FALL. RUNOFF DISCMGE INFLOW VOLUME. OUTFLOW DISCI IGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 20.00 5.24 339 1.1 3.7 3.5 .2 .3 .3 13.47 24.00 5.50 4.14 .7 4.0 3.7 .3 .3 .3 13.52 30.00 5.50 4.14 .0 4.0 3.6 .4 .3 .3 13.49 36.00 5.50 4.14 .0 4.0 3.4 .6 .3 .3 13.45 42.00 5.50 4.14 .0 4.0 3.3 .7 .3 .3 13.40 48.00 5.50 4.14 .0 4.0 3.1 .9 .3 .3 13.36 54.00 5.50 4.14 .0 4.0 3.0 1.0 .3 3 13.32 60.00 5.50 4.14 0 4.0 2.8 1.2 .3 .3 13.28 66.00 5.50 4.14 .0 4.0 2.7 1.3 .3 .3 13.24 72.00 5.50 4.14 .0 4.0 2.6 1.4 3 .3 13.19 78.00 5.50 4.14 .0 4.0 2.4 1.6 ' .3 .3 13.15 84.00 5.50 4,14 .0 4.0 2.3 1.7 .2 .3 13.11 90.00 5.50 4.14 .0 4.0 2.2 1.8 .2 .2 13.07 96.00 5.50 4.14 .0 4.0 2.1 1.9 .2 .2 13.03 102.00 5.50 4.14 .0 4.0 2.0 2.0 .2 .2 12.99 108.00 5.50 4.14 .0 4.0 1.9 2.1 .2 .2 12.95 114.00 5.50 4.14 .0 4.0 1.7 2.3 .2 .2 12.92 120.00 5.50 4.14 .0 4.0 1.6 2.4 .2 .2 12.88 126.130 5.50 4.14 .0 4.0 1.5 2.5 .2 .2 12.84 132.00 5.50 4.14 .0 4.0 1.4 2.6 .2 .2 12.81 138.00 5.50 4.14 .0 4.0 1.3 2.7 .2 .2 12.77 144.00 5.50 4.14 .0 4.0 1.3 2.7 2 .2 12.74 150.00 5.50 4.14 .0 4.0 1.2 2.8 .2 .2 12.71 156.00 5.50 4.14 .0 4.0 1.1 2.9 .2 .2 12.67 162.00 5.50 4.14 .0 4.0 1.0 3.0 .1 .1 12.64 168.00 5.50 4.14 .0 4.0 1.0 3.0 .1 .1 12.61 174.00 5.50 4.14 .0 4.0 .9 3.1 .1 .1 12.59 180.00 5.50 4.14 .0 4.0 .8 3.2 .1 .1 12.56 186.00 5.50 4.14 .0 4.0 .8 3.2 .1 .1 12.54 192.00 5.50 4.14 .0 4.0 7 3.3 .1 .1 12.52 198.00 5.50 4,14 .0 4.0 .7 3.3 .1 .1 12.50 204.00 5.50 4.14 .0 4.0 .6 3.4 .1 .1 12.48 210.00 5.50 4.14 .0 4.0 .6 3.4 .1 .1 12.47 216.00 5.50 4.14 .0 4.0 .6 3A .1 .1 12.45 222.00 5.50 4.14 .0 4.0 .5 3.5 .1 .1 12.44 228.00 5.50 4.14 .0 4.0 .5 3.5 .1 .1 12.42 234.00 5.50 4,14 .0 4.0 .5 3.5 A .1 12.41 240.00 5.50 4.14 .0 4.0 .4 3.6 .1 ,1 12.40 246.00 5.50 4.14 .0 4.0 4 3.6 .0 .1 12.39 252.00 5.50 4,14 .0 4.0 .4 3.6 .0 .0 12.38 258.00 5.50 4.14 .0 4.0 .4 3.6 .0 .0 12.37 264.00 5.50 4.14 .0 4.0 .3 3,7 .0 .0 12.36 270.00 5.50 4.14 .0 4.0 .3 3.7 .0 .0 12.35 276.00 5.50 4.14 .0 4.0 .3 3.7 .0 .0 12.35 Section 12 Statement of Utility Provisions Page 19 of 38 0011ier County, Florida v ------ RESERVOIR - - -- RAIN ACCUM. BASIN ACCUM, ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 282.00 5.50 4.14 .0 4.0 .3 3.7 .0 .0 12.34 288.00 5.50 4.14 .0 4.0 .3 3.7 .0 .0 12.33 294.00 5.50 4.14 .0 4.0 .3 3.7 .0 .0 12.33 300.00 5.50 4.14 .0 4.0 .3 3.7 0 .0 12.32 306.00 5.50 4.14 ,0 4.0 .2 3.8 .0 .0 12.32 312.00 5.50 4.14 .0 4.0 .2 3.8 .0 .0 12.31 318.00 5.50 4.14 .0 4.0 .2 3.8 .0 .0 12.31 324.00 5.50 4.14 .0 4.0 .2 3.8 .0 0 12.30 330.00 5.50 4.14 .0 4.0 .2 3.8 .0 .0 12.30 336.00 5.50 4.14 .0 4.0 .2 3.8 .0 .0 12,30 342.00 5.50 4.14 .0 4.0 .2 3.8 .0 .0 12.29 348.00 5.50 4.14 .0 4.0 .2 3.8 .0 .0 12.29 354.00 5.50 4.14 .0 4.0 .2 3.8 .0 .0 12.29 360.00 5,50 4,14 .0 4.0 .2 3.8 .0 .0 12.28 366,00 5.50 4,14 .0 4.0 .2 3.8 .0 .0 12.28 372.00 5.50 4.14 .0 4.0 .1 3.9 0 .0 12.28 375.75 5.50 4.14 .0 4.0 .1 3.9 ,0 .0 12.28 SUMMARY INFORMATION MAXIMUM STAGE WAS 13.53 FEET AT 24.75 HOURS MAXIMUM DISCHARGE WAS .3 CFS AT 24.75 HOURS HAMILTON GREENS BASIN 1 C -VI SANTA BARBARA PROGRAM PROJECT NAME , ...: HAMILTON GREENS REVIEWER ... , , .: WILLIAM C. McANLY PROJECT AREA ....: 11.61 ACRES GROUND STORAGE ... , 1.37 INCHES TERMINATION DISCHARGE: .01 CFS TIME OF CONCENTRATION: .70 HOURS DISTRIBUTION TYPE_: SFWMD RETURN FREQUENCY ..: 10.00 YEARS RAINFALL. DURATION..: 1 -DAY 24 -HOUR RAINFALL ..: 6.80 INCHES REPORTING SEQUENCE , : STANDARDIZED STAGE STORAGE DISCHARGE (FT) (AF) (CFS) A ienUa Item No. Sn r- e;)ruary .2007 Pa3e 129 of 151 Section 12 Statement of Utility Provisions Page 20 of 38 Copier County, Florida N Agenda Item No. JA --- -� t-ebruary IT , 2007 Page 130 of 151 12.25 .08 .00 12.75 1.28 .18 13.00 1.98 .23 '13.25 2.74 .27 13.50 3.58 .31 13.75 4.48 .35 14.00 5.53 .38 14.25 6.67 .40 14.50 7.89 .43 14.75 9.19 .61 15.00 10.69 2.75 15.25 12.40 6.14 15.50 14.32 10.42 15.75 16,44 15.43 16.00 18.74 21.07 ------ RESERVOIR - - - -- RAIN ACCUM, BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) .00 .00 .00 .0 .0. .0 .0 .0 .0 12.25 4.00 .31 .00 .0 .0 .0 .0 .0 .0 .01 8.00 .93 .21 1.0 .1 .1 .0 .0 .0 12.27 10.00 1.45 .54 2.1 .4 A .0 .0 .0 12.37 11.00 1.83 .83 3.0 .6 .6 .0 .1 .1 12.46 11.50 2.17 1.10 4.5 .8 .8 .0 A .1 12.52 11.75 3.19 1.98 10.4 1.0 1.0 .0 .1 1 12.58 12.00 4.46 3.15 21.8 1.4 1.4 .0 .2 .1 12.72 12.50 4.96 3.62 20.9 2.4 2.4 .0 .2 .2 13.06 13.00 5.22 3.87 13.6 3.0 3.0 .0 .3 .3 13.28 14.00 5.56 4.20 6.2 37 33 .0 .3 .3 13.51 16.00 5.98 4.61 2.6 4.3 4.2 .1. .3 .3 13.66 - - - - -- RESERVOIR - - - -- RAIN ACCUM, BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 20.00 6.47 5.08 1.4 4.8 4,6 .2 .4 .3 13.78 24.00 6.80 5,39 .9 5.2 4.8 .4 .4 .4 13,83 30.00 6.80 5.39 .0 5.2 4,7 .5 .4 .4 13.80 36.00 6.80 5.39 .0 5.2 4.5 .7 .4 .4 13.76 42.00 6.80 5.39 .0 5.2 4.3 .9 ,3 .3 13.71 48.00 6.80 5.39 .0' 5.2 4.2 1.0 .3 .3 13.67 54.00 6.80 5.39 .0 5.2 4.0 1.2 .3 .3 13.62 60.00 6.8D 5.39 .0 5.2 3.9 1.3 .3 .3 13.58 66.00 6.80 5.39 .0 5.2 3.7 1.5 .3 3 13.53 72.00 6.80 5.39 .0 5.2 3.5 1.7 3 .3 13.49 78.00 6.80 5.39 ,0 5.2 3.4 1.8 .3 .3 13.44 84.00 6.80 5.39 .0 5.2 3.2 2.0 .3 .3 13.40 90.00 6.80 5.39 .0 5.2 3.1 2.1 .3 .3 13.36 Section 12 Statement of Utility Provisions Page 21 of 38 Collier County, Florida Agenda Item 1'41o. 6A 7,77 y i . 2007 Page 131 of 151 96.00 6.80 5.39 .0 5.2 3.0 2.2 .3 .3 13.31 102.00 6.80 5.39 .0 5.2 2.8 2.4 .3 .3 13.27 108.00 6.80 5.39 .0 5.2 .2.7 2.5 .3 .3 13.23 114.00 6.80 5.39 .0 5.2 2.6 2.6 .3 .3 13.19 120.00 6.80 5.39 .0 5.2 24 2.8 .3 .3 13.15 126.00 6.80 5.39 .0 5.2 2.3 2,9 .2 .3 13.11 132.00 6.80 5.39 .0 5.2 2.2 3.0 .2 .2 13.07 138.00 6.8D 5.39 .0 5.2 2.1 3.1 ,2 .2 13.03 144.00 6.80 5.39 .0 5.2 1.9 3.3 .2 .2 12.99 150.00 6,80 5.39 .0 5.2 1.8 3.4 .2 .2 12.95 156.00 6.80 5,39 .0 52 1.7 3.5 .2 .2 12.91 162.00 6.80 5.39 .0 5.2 1.6 3.6 .2 .2 12.87 168.00 6.80 5.39 .0 5.2 1.5 3.7 .2 .2 12.84 174.00 6.80 5.39 .0 5.2 1.4 3,8 .2 .2 12.80 180.00 6.80 5.39 .0 5.2 1.3 3.9 .2 .2 12.77 186.00 6.80 5.39 .0 5.2 1.2 4.0 .2 .2 12.74 192.00 6.80 5.39 .0 5.2 1.2 4.0 .2 .2 12.70 198.00 6,80 5.39 .0 5.2 1.1 4.1 .2 .2 12.67 204.00 6.80 5.39 .0 5.2 1.0 4.2 A .1 12,64 210.00 6.80 5.39 .0 5.2 .9 4.3 .1 .1' 12.61 216.00 6.80 5.39 .0 5.2 .9 4.3 .1 .1 12.59 222.00 6.80 5.39 .0 5.2 .8 4.4 .1 .1 12.56 228,00 6.80 5.39 .0 5.2 .8 4.4 ,1 .1 12.54 234.00 6.80 5.39 .0 5.2 .7 4.5 .1 .1 12.52 240.00 6.80 5.39 .0 5.2 .7 4.5 A .1 12.50 246.00 6.80 5.39 .0 5.2 .6 4.6 .1 .1 12,48 252.00 6.80 5.39 .0 5.2 .6 4.6 .1 .1 12.46 258.00 6.80 5.39 .0 5.2 .6 4.6 .1 .1 12.45 264.00 6,80 5.39 .0 5.2 .5 4.7 .1 .1 12.44 270.00 6.80 5.39 .0 5.2 .5 4.7 .1 .1 12.42 276.00 6.80 5.39 .0 5.2 .5 4.7 .1 .1 12.41 ------ RESERVOIR - - - -- RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 282.00 6.80 5.39 .0 5.2 .4 4.8 .1 .1 12.40 288.00 6.80 5.39 .0 5.2 4 4.8 .0 A 12.39 294.00 6.80 5.39 .0 5.2 .4 4.8 .0 .0 12.38 300.00 6.80 5.39 .0 5.2 .4 4.8 .0 .0 12.37 306.00 6.80 5.39 .0 5.2 .3 4.9 .0 .0 12.36 312,00 6.80 5.39 .0 5.2 .3 4,9 .0 .0 12.35 318.00 6.80 5.39 .0 5.2 .3 4.9 .0 .0 12.34 324,00 6.80 5.39 .0 5.2 .3 4.9 .0 .0 12.34 330.00 6,80 5.39 .0 5.2 .3 4.9 .0 .0 12.33 336.00 6.80 5.39 .0 5.2 .3 4.9 .0 .0 12.33 342.00 6.80 5,39 .0 5.2 .2 5.0 .0 0 12.32 348.D0 6.80 5.39 .0 5.2 .2 5.0 .0 A 12.32 354.00 6.80 5.39 .0 5.2 .2 5.0 .0 .0 12.31 360.00 6.80 5.39 .0 5.2 .2 5.0 .0 .0 12.31 366.00 6.80 5.39 .0 5.2 .2 5.0 .0 .0 12.30 Section 12 Statement of Utility Provisions Page 22 of 38 Collier County, Florida 372.00 6.80 5.39 A 52 .2 5.0 .0 .0 12.30 378.00 6.80 5.39 .0 5.2 .2 5.0 .0 .0 12.30 384.00 6.80 5.39 .0 5.2 .2 5.0 .0 .0 12.29 390.00 6.80 5.39 .0 5.2 .2 5.0 .0 .0 12.29 396.00 6.80 5.39 .0 5.2 .2 5.0 .0 .0 12.29 402.00 6.80 5.39 .0 5.2 .2 5.0 .0 .0 1228 408.00 6.80 5.39 .0 5.2 .2 5.0 .0 .0 12.28 414.00 6.80 5.39 .0 5.2 .1 5.1 .0 .0 12.28 417.00 6.80 5.39 .0 5.2 .1 5.1 .0 .0 12.28 SUMMARY INFORMATION MAXIMUM STAGE WAS 13.83 FEET AT 24.75 HOURS MAXIMUM DISCHARGE WAS .4 CFS AT 24.75 HOURS HAMILTON GREENS BASIN 1 C -VI1 SANTA BARBARA PROGRAM PROJECT NAME ....: HAMILTON GREENS REVIEWER ......: WILLIAM C. McANLY PROJECT AREA ....: '11.61 ACRES GROUND STORAGE .. , : 1.37 INCHES TERMINATION DISCHARGE: .01 CFS TIME OF CONCENTRATION: .70 HOURS DISTRIBUTION TYPE..: SFWMD RETURN FREQUENCY ..: 25.00 YEARS RAINFALL DURATION..: 3 -DAY 24 -HOUR RAINFALL ..: 8.20 INCHES REPORTING SEQUENCE , : STANDARDIZED STAGE STORAGE DISCHARGE (FT) (AF) (CFS) 12.25 .08 .00 12.75 1.28 .18 13.00 1.98 .23 13.25 214 .27 13.50 3.58 .31 13,75 4.48 .35 14.00 5.53 .38 14.25 6.67 .40 14.50 7.89 .43 14.75 9.19 .61 15.00 10.69 2.75 15.25 12.40 6.14 15.50 14332 10.42 15.75 16.44 15.43 16.00 18.74 21.07 mda Item loo. SA ebrury 13 2007 Page 132 of 151 Section 12 Statement of Utility Provisions page 23 of 38 Collier County, Florida r,aene7rdu`- !'em Leo_ SA Fuary , 20G'7 ':�agv , 33 c 1 151 ------ RESERVOIR - - - - - RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) .00 .00 .00 .0 .0 .0 .0 .0 .0 12.25 4.00 .20 .00 .0 .0 .0 .0 .0 .0 .00 8.00 .40 .01 .1 .0 .0 .0 .0 .0 .83 12.00 .60 .06 .2 .0 .0 .0 .0 .0 7.28 16.00 .80 .15 .3 .1 .1 .0 .0 .0 12.27 20.00 1.00 .25 .3 .2 .2 .0 .0 .0 12.31 24.00 1.20 .37 .4 .3 .3 .0 .0 .0 12.35 28.00 1.49 .57 .6 .5 .5 .0 .1 .0 12.42 32.00 1.78 .79 .7 .7 .7 .0 .1 .1 12.49 36.00 2.07 1.02 .7 .9 .9 .0 .1 .1 12.57 40.00 2.36 1.26 .7 1.2 1.0 .2 .1 .1 12.65 44.00 2.65 1.51 .7 1.4 1.2 .2 .2 .2 12.73 - - - - - -R E S E R V O I R - - - -- RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 48.00 2.94 1.76 .8 1.7 1.4 .3 .2 2 12.80 52.00 3.31 2.09 1.1 2.0 1.7 .3 .2 .2 12.88 56.00 4.07 2.79 2.5 2.6 2.2 .4 .2 .2 13.05 58.00 4.69 3.37 3.6 3.1 2.6 .5 .3 .2 13.20 59.00 5.15 3.81 4.8 3.4 3.0 .4 .3 .3 13.30 59.50 5.56 4.20 6.7 3,6 3.2 .4 .3 .3 13.36 59.75 6.79 5.38 14.5 3.9 3.5 .4 .3 .3 13.43 60.00 8.32 6.88 29.1 4.5 4.1 .4 .3 .3 13.56 60.50 8.92 7.46 27.1 5.8 5.3 .5 .4 .3 13.88 61.00 9.23 7.77 17.6 6.6 6.1 .5 .4 .4 14.09 62.00 9.65 8.18 7.9 7.5 7.0 .5 A .4 '14.29 64.00 10.16 8.68 3.2 8.2 7.6 .6 .4 .4 14.44 68.00 10.75 9.26 1.7 8.9 8.1 .8 .5 .4 '14.54 72.00 11.14 9.65 1.1 9.3 8.4 .9 .5 .5 14.59 80.0011.14 9.65 .0 9.3 8.1 1.2 .5 .5 14.54 88-0011-14 9.65 .0 9.3 7.8 1.5 A A 14.49 96.00 11.14 9.65 .0 9.3 7.5 1.8 .4 A 14.43 104.00 11.14 9.65 .0 9.3 7.3 2.0 .4 .4 14.37 1120011.14 9.65 .0 9.3 7.0 2.3 A .4 14.32 120.0011,14 9.1;5 .0 9.3 6.7 2.6 .4 .4 14.26 128.00 11.14 9.65 .0 9.3 6.5 2.8 .4 .4 14.21 136.00 11.14 9.65 .0 9.3 6.2 3.1 .4 .4 14.15 144.00 11.14 9.65 .0 9.3 5.9 3.4 .4 .4 14.09 '152.0011.14 9.65 .0 9.3 5.7 3.6 .4 .4 14,04 160.00 11.14 9.65 .0 9.3 5A 3.9 .4 .4 13.98 168.00 11.14 9.65 .0 9.3 5.2 4.1 .4 .4 13.92 1-176.00 11.14 9.65 A 9.3 5.0 4.3 .4 .4 13.86 184.00 11.14 9.65 .0 9.3 4.7 4.6 .4 .4 13.81 192.00 11.14 9.65 .0 9.3 4.5 4.8 .3 .4 13.75 Section 12 Statement of U1111ty Provisions Page 24 of 38 Collier County, Florida 200.00 11.14 9.65 .0 9,3 4.3 5.0 .3 .3 13.69 208-00 11.14 9.65 .0 9.3 4.0 5,3 .3 .3 13.62 216.00 11.14 9.65 .0 9.3 3.8 5.5 .3 .3 13.57 224.00 11.14 9.65 .0 9.3 3.6 5.7 .3 .3 13.51 232.00 11,14 9.65 .0 9.3 3.4 5.9 .3 .3 13.45 240-00 11.14 9.65 .0 9.3 3.2 6.1 .3 .3 13.39 248.00 11.14 9.65 .0 9.3 3.0 6.3 .3 .3 13,33 256.00 11.14 9.65 .0 9.3 2.8 5.5 .3 .3 13.28 264.00 11.14 9.65 .0 9.3 2.7 6.6 .3 .3 13.22 272.00 11.14 9.65 .0 9.3 2.5 6.8 .3 .3 13.17 280.00 11.14 9.65 .0 9.3 2.3 7.0 .2 .3 13.11 288.00 11.14 9.65 .0 9.3 2.2 7.1 .2 .2 13.06 296.00 11.14 9.65 .0 9.3 2.0 7.3 .2 .2 13.01 304.00 11.14 9.65 .0 9.3 1.8 7.5 .2 .2 12.95 312.00 11.14 9.65 .0 9.3 1.7 7.6 .2 .2 12.90 - - - - -- R ES E R V 0 1 R - - - - - RAIN ACCUM. BASIN .ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 320.00 11.14 9.65 .0 9.3 1.6 7.7 .2 .2 12.85 328.00 11.14 9.65 .0 9.3 1.4 7.9 .2 .2 12.81 336.00 11.14 9.65 .0 9.3 1.3 8,D .2 .2 12.76 344.00 11.14 9.65 .0 9.3 1.2 8.1 .2 .2 12.72 352.00 11.14 9.65 .0 9.3 1.1 8.2 .2 .2 12.67 360.00 11.14 9.65 .0 9.3 1.0 8.3 .1 .1 12.63 368.00 11.14 9.65 .0 9.3 .9 8.4 A .1 12.60 376.00 11.14 9.65 .0 9.3 .8 8.5 .1 11 12.56 384.00 11.14 9.65 .0 9,3 .8 8.5 .1 .1 12.53 392.00 11.14 9.65 .0 9.3 .7 8.6 .1 .1 12.51 400.0011.14 9.65 .0 9.3 .6 8.7 .1 .1 12.48 408.D611.14 9.65 .0 9,3 .6 8.7 .1 .1 12.46 416.00 11.14 9.65 .0 9.3 .5 8.8 .1 .1 12.44 424.00 11.14 9.65 .0 '9.3 .5 8.8 .1 .1 12.42 432.00 11.14 9.65 .0 9.3 .5 8.8 .1 .1 12.41 440.00 11.14 9,65 .0 9.3 A 8.9 .1 .1 12.39 448.00 11.14 9.65 .0 9.3 .4 8.9 .0 .0 12.38 456,00 11.14 9.65 .0 9.3 .4 8.9 .0 .0 12.37 464.00 11.14 9,65 .0 9.3 .3 9.0 .0 .0 12.36 472.00 11.14 9.65 .0 9.3 .3 9,0 .0 .0 12.35 480.00 11.14 9.65 .0 9.3 .3 9.0 .0 .0 12.34 488.00 11.14 9.65 .0 9.3 .3 9.0 .0 .0 12.33 496.00 11.14 9.65 .0 9.3 .3 9.0 .0 .0 12.32 504.00 11.14 9.65 .0 9,3 2 9.1 .0 .0 12.31 512.00 11.14 9.65 .0 9.3 .2 9.1 .0 .0 12.31 520.00 11.14 9.65 .0 9.3 .2 9.1 .0 .0 12.30 528.00 11.14 9.65 .0 9.3 .2 9.1 .0 .0 12.30 536.00 11.14 9.65 .0 9.3 .2 9.1 .0 .0 12.29 544.00 11.14 9.65 .0 9.3 .2 9.1 .0 .0 12.29 552.00 11.14 9.65 .0 9.3 .2 9.1 .0 .0 12.29 mda Item No. &A ebruary 13; 2007 Page 134 of 151 Section 12 Statement of Utility Provisions Page 25 of 38 Collier County, Florida voenr a item Nic ,JA February 13. 2007 Pa.�a 1 v:.: r 1 u 1 SUMMARY INFORMATION MAXIMUM STAGE WAS 14.59 FEET AT 72.75 HOURS MAXIMUM DISCHARGE WAS .5 CFS AT 72.75 HOURS HAMILTON GREENS BASIN 1 C -XI SANTA BARBARA PROGRAM PROJECT NAME ....: HAMILTON GREENS REVIEWER ......: WILLIAM C. McANLY PROJECT AREA ....: 11.61 ACRES GROUND STORAGE ...: 1.37 INCHES TERMINATION DISCHARGE: .01 CFS TIME OF CONCENTRATION: .70 HOURS DISTRIBUTION TYPE..: SFWMD RETURN FREQUENCY ..: 100.00 YEARS RAINFALL DURATION- 3 -DAY 24 -HOUR RAINFALL ..: 10.40 INCHES REPORTING SEQUENCE .: STANDARDIZED STAGE STORAGE DISCHARGE (FT) (AF) (CFS) 12.25 .08 .00 12.75 1.28 .00 13.00 1.98 .00 13.25 2.74 .00 13.50 3.58 .00 13.75 4.48 .00 14.00 5.53 00 14.25 6.67 .00 14.50 7.89 .00 14.75 9.19 .00 15.00 10.69 .00 15.25 12.40 .00 15.50 14.32 .00 15.75 16.44 .00 16.00 18.74 .00 - - - - - -R E S E RV 01 R - - - -- RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (1N) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) .00 .00 .00 .0 .0 .0 .0 .0 .0 12.25 4.00 .25 .00 .0 .0 .0 .0 .0 .0 .00 8.00 .51 .03 .2 .0 .0 .0 0 .0 3.25 12.00 .76 .13 .3 .1 .1 .0 .0 .0 12.26 16.00 1.01 .2.6 A .2 .2 .0 .0 .0 12.31 Section 12 Statement of Utility Provisions Page 26 of 38 Collier County, Florida p o--ud Itnm Uo. 3A February 13, 2007 Page 136 of 151 20.00 1.27 .42 .5 .4 A .0 .0 .0 12.37 24.00 1.52 .59 .5 .5 .5 .0 .0 .0 12.44 28.00 1.89 .87 .8 .8 .8 .0 .0 .0 12.54 32.00 2.2.6 1.17 .9 1.1 1.1 .0 .0 .0 12.66 36.00 2.63 1.49 .9 1.4 1.4 .0 .0 .0 12.78 40.00 3.00 1.81 1.0 1.7 1.7 .0 A .0 12.90 44.00 3.36 2.14 1.0 2.0 2.0 .0 .0 .0 13.01 ------ RESERVOIR - - - -- RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 48.00 3.73 2.48 1.0 2.3 2.3 .0 .0 .0 13.12 52.00 4.20 2.91 1.4 2.7 2.7 .0 .0 .0 13.24 56.00 5.16 3.81 3.2 3.5 3.5 .0 .0 .0 13.47 58.00 5.95 4.57 4.6 4.1 4.1 .0 .0 .0 13.64 59.00 6.53 5.13 6.1 . 4.6 4.6 .0 0 .0 13.76 59.50 7.05 5.64 8.6 4.9 4.9 .0 .0 .0 13.83 59.75 8.61 7.16 18.6 5.3 5.3 .0 .0 .0 13.90 60.00 10.56 9.07 37.3 6.1 6.1 .0 .0 .0 14.04 60.50 11.32 9.82 34.8' 7.7 7.7 .0 .0 .0 14.38 61.00 11.71 10.21 22.5 8.7 8.7 .0 .0 .0 14.61 62.00 12.24 10.74 10.1 9.9 9.9 .0 .0 .0 14.84 64.00 12.89 11.38 4.0 10.8 10.8 .0 .0 .0 15.01 68.00 13.63 12.12 2.2 11.6 11.6 .0 .0 .0 15.13 72.00 14.13 12.61 1.5 121 12.1 .0 .0 .0 15.21 SUMMARY INFORMATION MAXIMUM STAGE WAS 15.21 FEET AT 72.00 HOURS MAXIMUM DISCHARGE WAS .0 CFS AT .00 HOURS Section 12 Statement of Utility Provisions Page 27 of 38 Collier County, Florida n n } e e BA Feb7uary o. 13, 20Ci7 Page 137 of 1571 SECTION D DESIGN COMPUTATIONS FOR BASIN II Total 2,31 Impervious Area: Residential Areas = 0.38 Ac. Paving /Driveways - C.54 Ac. Total Impervious Area - 0.92 Ac. Lakes 0.46 Pervious Area Net Project - 2,31 Impervious and Lakes and Detent. _ -1.38 Total Pervious Area = 0,93 (39.8 %) (19.9 %) (59.7 %) (40.3%) Section i2 Statement of Utility Provisions Page 28 of 38 DEVCON LIVINGSTON LAKES BASIN II SECTION B DESIGN COMPUTATIONS 1. Land Use Summary: Total Property Area = 29.68 Ac.(100 %) Water Management Area = 2.31 Ac.(100 %) Description Total Area (Ac. Paving /Sidewalks /Roads 0.54 Lake 0.46 Multi- Fami €y /Common Bldgs 0.38 Open Area- Littoral 0,03 Open Space 0.90 Total 2,31 Impervious Area: Residential Areas = 0.38 Ac. Paving /Driveways - C.54 Ac. Total Impervious Area - 0.92 Ac. Lakes 0.46 Pervious Area Net Project - 2,31 Impervious and Lakes and Detent. _ -1.38 Total Pervious Area = 0,93 (39.8 %) (19.9 %) (59.7 %) (40.3%) Section i2 Statement of Utility Provisions Page 28 of 38 Collier County, Florida Acaenda item No. 8A i- 75ruary FT, 2007 Page 138' of 151 Site Grading /Storage: Average Undeveloped Site Grade Control Elevation Paving /Driveways 0,54 Ac. Lakes 0.46 Ac. Littoral Area 0.03 Ac. Open Space 0.90 Ac. Average Developed Site Grade III. Sol[ Storage: Average Site Grade Control Elevation Depth to Water Table SFWMD Soil = 12.25 ft. NGVD = 12,25 ft. NGVD @Elevation 14,00- 15.80 ft. NGVD @Elevation 12.25 ft. NGVD @Elevation 12.25- ft. NGVD @Elevation 12.25- 15.65 ft. NGVD ft. NGVD Storage = 1,39 "x 0.75 (75% for developed site) Ground Storage: 1.04 "x 0,93Ac.x V/12" S = 1.04 "x %perviouS - 1.04 "x 0.40 IV. Site Storage: See attached Stage Storage Computations in Appendix "A" ft. 13.78 NGVD ft. 13.78 NGVD ft. 12.3 NGVD 1.53 ft. 1.04" 0.08 AF 0,4197' Section 12 Statement of Utility Provisions Page 29 of M Collier C:ounly, Florida 2.96 AF 2.96 Agenda itern No. SA . 13.58 ft. NGVD 2.63 rursr fjl .J. 2007 _[P - 0.2Sr - _L__14 18 _ 0.2 0.42)] z = 196.28 Page 1 ✓,0 of "�51 [P + 0.8S] [ 14.08+ O.B( 0.42)] 14.38 = 13.65 Inches _ (13.65" x 1712 ") x 2.31 Ac, = 2.63 AF 2.63 AF = => Elevation 14.9 ft. NGVD 10 Year / 1 -Day Peak Stage = 13.45 ft. NGVD Minimum Parking Lot Elev. = 1145 ft. NGVD 25 Year / 3 -Day Pear Stage 14.00 ft. NGVD Minimum center line of Roads (2' above cont) = 14,25 ft. NGVD 100 Year / 3 -Day Peak Stage (0 Discharge) - 14.89 ft. NGVD Min. F.F. Elev, as Required greater than 14.50' NGVD Varies FEMA Flood Insurance Map - Zone "X" Panel No, 120067 0195D, June 3, 1986 Collier County, Florida 25 -Year / 3 -Day Peak Discharge = 0.30 cfs Weir Structure: One (1): Berm Elevation = 7.80 14,00 ft, NGVD Weir Crest = 14.00 ft. NGVD Bleeder Structures One (1): Circular Orfice _ 3" Invert Elevation 12 25 ft NGVD Natural Average Grade 100 -Year, 3 -Day Rainfall 100 -Year, 3 -Day Runoff: 14.08" x 1712" 12.3 ft, NGVD 14.08 inches x 2.31 Ac, _ 100 -Year, 3 -Day Storage 100 -Year, 3 -Day Flood Elevation: AF (2.96 / 2.31 Ac.) + Developed Site: 100 -Year, 3 -Day Runoff 100 -Year, 3 -Day Flood Elevation 12.3' _ Section 12 Statement of Utility Provisions Page 30 of 38 2.96 AF 2.96 AF 13.58 ft. NGVD 2.63 AF 14.89 ft. NGVD Section 12 Statement of Utility Provisions Page 30 of 38 CollierCounly, Florida SECTION E HYDROGRAPHS FOR BASIN fl HAMILTON GREENS E -1 BASIN 2 Stage - Storage Computations nda Item No. 8A .oruary 13, 2007 Page 140 of 151 Total Storage ac -ft 0.01 0.15 0.47 0.53 1.30 1.83 2.52 3.36 4.31 Section 12 Statement of Utility Provisions Page 31 of 38 0.95 Stage 0.55 AC 0.64 AC AC Feet PAVING LAKE Open Area NGVD Storage Storage Storage ac -ft ac -ft ac -ft * *i * ** 15.55 * . ** * * * ** * 15.8 ** 14.1.5 ` * * * ** -- 12.25 _ _ - - - - -- **�� *_ 12.25 12.25 0.00 0.01 0.00 12.50 0.00 0.03 0,12 13.00 0.00 0.12 0.35 13,50 0.00 0.28 0.25 14.00 0.00 0.49 0.81 14.50 0.02 0.77 1.04 15.00 0.14 1.11 1.27 15,50 0.35 1.51 1.50 16.00 0.62 1.96 1.73 nda Item No. 8A .oruary 13, 2007 Page 140 of 151 Total Storage ac -ft 0.01 0.15 0.47 0.53 1.30 1.83 2.52 3.36 4.31 Section 12 Statement of Utility Provisions Page 31 of 38 WEIR LENGTH WEIR ELEVATION WEIR COEFFICIENT TYPE OF BLEEDER SLOT SLOT INVERT ELEV, ORIFICE DIAMETER Collier County, Florida HAMILTON GREENS E -II BASIN 2 DISCHARGE COMPUTATIONS 4.42 FT. 14.1 FT. NGVD 3.13 CIRCLE 12.25 FT. NGVD .25 FT. PIPE DATA DIAMETER 1.5 FT. LENGTH 39 FT, N- VALUE 0.15 )enda Item Niio. 3,4 reueua J.. 20,'57 Page 14' of 151 WEIR FLOW IN CFS STAGE WEIR BLEEDER TOTAL PIPE TOTAL FLOW FLOW 12.25 0.00 0.00 0.00 0.00 0.00 12.50 0.00 0.08 0.08 4.54 0.08 13.00 0.00 0.19 0.19 7.86 0.19 13.50 0.00 0.25 0.25 10.14 0.25 14.00 0.00 0.30 0.30 12.00 0,30 14.50 3.50 0.34 3.84 13.61 3.84 15.00 11.81 0.38 12.19 15.04 12.19 15.50 22.92 0.42 23.34 16.35 16.35 16.00 36.23 0.45 36.68 17.57 17.57 16.50 51.44 0.48 51.92 18.70 18.70 17.00 6832 0.51 68,83 1 9.77 1 9.77 Section 12 Statement of Utility Provisions Page 32 of 38 Collier County, Florida Aoenda Item No. 8A February 13, 2007 Wage 142 of 151 HAMILTON GREENS BASIN - 2 E -IU SANTA BARBARA PROGRAM PROJECT NAME ....: HAMILTON GREENS REVIEWER ......: WILLIAM C. McANLY PROJECT AREA ....: 2.31 ACRES GROUND STORAGE ...: 1.04 INCHES TERMINATION DISCHARGE: .01 CFS TIME OF CONCENTRATION : .10 HOURS DISTRIBUTION TYPE.. - SFWMD RETURN FREQUENCY ..: 5.00 YEARS RAINFALL DURATION..: 1 -DAY 24 -HOUR RAINFALL ..: 5.50 INCHES REPORTING SEQUENCE .: STANDARDIZED STAGE STORAGE DISCHARGE (FT) (AF) (CFS) 12.25 .01 .00 12.50 .16 .08 13.00 .49 .19 13.50 .90 .25 14.00 1.35 .30 14.50 1.90 3.84 15.00 2.60 12.19 15.50 3.46 23.34 16.00 4.42 36.68 ------ RESERVOIR - - - -- RAIN ACCUM. BASIN ACCUM. ACCUM, INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) .DO .00 .00 .0 .0 .0 .0 .0 .0 12.25 4.00 .25 .00 .0 .0 .0 .0 .0 .0 .14 8.00 .75 .19 .2 .0 .0 .0 .0 .0 12.29 10.00 1.17 .46 .4 .1 .1 .0 .0 .0 12.36 11.00 1.48 .70 .6 .1 .1 .0 .1 .0 12.42 11.50 1.75 .92 1.1 .2 .2 .0 ,1 .1 12.48 11.75 2.58 1.65 4.2 .3 .2 .1 .1 .1 12.56 12.00 3.61 2.60 8.2 ,4 .4 .0 .1 .1 12.75 12.50 4.01 2.98 1.4 .6 .5 .1 .2 .2 13.04 13.00 4.22 3.18 .9 .6 ,6 .0 .2 .2 13.09 14.00 4.50 3.45 .6 .7 .6 A .2 .2 13.14 16.00 4.84 3.78 .4 .7 .6 .1 ,2 .2 13.18 20.00 5.24 4.17 .2 .8 .6 .2 .2 .2 13.19 24.00 5,50 4.42 .1 .9 .6 .3 .2 .2 13.17 30.00 5.50 4.42 .0 .9 .5 ,4 .2 .2 13.05 36.00 5.50 •4.42 .0 .9 .4 .5 .2 .2 12.92 42.00 5.50 4.42 .0 .9 .4 .5 .1 .2 12.80 48.00 5.50 4.42 .0 .9 .3 .6 1 1 12.70 54.00 5.50 4,42 .0 .9 .2 .7 .1 .1 12.6 Section 12 Statement of Utility Provisions Page 33 of 38 Collier County, Florida ---- RESERVOIR - - - - - RAIN ACCUM. BASIN ACCUM, ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 60.00 5,50 4.42 .0 .9 .2 .7 .1 .1 12.54 66.00 5.50 4,42 0 .9 .1 .8 .1 ,1 12.48 72.00 5.50 4.42 .0 .9 .1 .8 ,1 ,1 12.42 78.00 5.50 4.42 .0 .9 .1 .8 .0 .0 12.38 84.00 5.50 4.42 .0 .9 .1 .8 .0 .0 12.35 90.00 5.50 4.42 .0 .9 .1 .8 .0 .0 12.33 96.00 5.50 4.42 .0 .9 .0 .9 .0 .0 12.31 102.00 5.50 4.42 .0 .9 .0 .9 .0 .0 12.30 108.00 5.50 4.42 .0 .9 .0 .9 ,0 .0 12.29 111.25 5.50 4.42 .0 .9 .0 .9 .0 .0 12.28 SUMMARY INFORMATION MAXIMUM STAGE WAS 13.19 FEET AT 20.00 HOURS MAXIMUM DISCHARGE WAS .2 CFS AT 20.00 HOURS HAMILTON GREENS BAS I N2 E -VI SANTA BARBARA PROGRAM PROJECT NAME . , ... HAMILTON GREENS REVIEWER ...... ; WILLIAM C. McANLY PROJECT AREA .. .: 2.31 ACRES GROUND STORAGE ... ; 1.04 INCHES TERMINATION DISCHARGE: .01 CFS TIME OF CONCENTRATION: 10 }-LOURS DISTRIBUTION TYPE..: SFWMD RETURN FREQUENCY . , : 10.00 YEARS RAINFALL DURATION..: 1 -DAY 24 -HOUR RAINFALL , .: 6.80 INCHES REPORTING SEQUENCE .: STANDARDIZED STAGE STORAGE DISCHARGE (FT) (AF) (CFS) 12.25 .01 ,00 12.50 .16 .08 13.00 .49 .19 13.50 .90 .25 14.00 1,35 .30 14.50 1.90 3.84 15.00 2.60 12.19 15.50 3.46 23,34 16.00 4.42 36.68 enda Item, N-- SA Page 143 of 151 Section 12 Statement of Utility Provisions Page 34 of 38 Collier County, Florida V Aaenda Item No. 6A Feoruary 13, 2007 Page 144 of 151 --- - - - P.E S E R V O I R - - - - - RAINACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (A;=) (AF) (AF) (CFS) (CFS) (FT) .00 .00 .00 .0 .0 .0 .0 .0 .0 12.25 4.00 .31 .01 .0 .0 0 .0 .0 0 1.28 8.00 .93 .30 .3 A .1 .0 .0 .0 12.32 10.00 1.45 .67 .5 .1 .1 .0 A .0 12.42 11.00 1.83 .99 .9 .2 .2 .0 .1 .1 12.50 11.50 2.17 1.28 1.4 .2 .2 A 1 1 12.57 11.75 3.19 2.21 5A .3 .3 .0 .1 .1 12.67 12.00 4.46 3.42 10.5 .6 .5 .1 .2 .1 12.91 12.50 4.96 3.90 1.8 .7 .7 .0 .2 .2 13.23 13.00 5.22 4.15 1.1 .8 .7 .1 .2 .2 13.30 14.00 5.56 4,48 .7 .9 .8 .1 .2 .2 13.37 16.00 5.98 4.89 .5 .9 .8 .1 .2 .2 13.42 20.00 6.47 5.37 3 1.0 .9 .1 .2 .2 13.44 24.00 6.80 5.69 .2 1.1 .8 .3 .2 .2 13.42 30.00 6.80 5.69 .0 1.1 .7 A .2 .2 13,28 36.00 6.80 5.69 .0 1.1 .6 .5 .2 .2 13.15 42.00 6.80 5.69 .0 1.1 .5 .6 .2 .2 13.03 48.00 6.80 5.69 .0 1.1 .4 .7 .2 .2 12.90 54.00 6.80 5.69 0 1.1 .3 ,8 .1 .2 12.79 ------ RESERVOIR - - - - - RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 60.00 6,80 5.69 .0 1.1 .3 .8 .1 .1 12.69 66.00 6.80 5.69 .0 1,1 ,2 .9 .1 .1 12.60 72.00 6.80 5.69 .0 1.1 .2 .9 ,1 .1 12.53 78.00 6.80 5.69 .0 1.1 .1 1.0 .1 .1 12.47 84.00 6.80 5.69 ,0 1.1 .1 1.0 .1 .1 12.42 90.00 6.80 5.69 .0 1.1 .1 1.0 .0 .0 12.38 96.00 6.80 5.09 .0 1.1 .1 1.0 .0 .0 12.35 102.00 6.80 5.69 .0 1.1 .1 1.0 .0 .0 12.33 108,00 6.80 5.69 .0 1.1 .0 1.1 .0 .0 12.31 114,00 6.80 5.69 .0 1.1 .0 11 .0 .0 12.29 120.00 6.80 5.69 .0 1.1 .0 1.1 .0 .0 12,28 122.25 6.80 5.69 .0 1.1 .0 1.1 .0 .0 12.28 SUMMARY INFORMATION MAXIMUM STAGE WAS 13.44 FEET AT 20.25 HOURS MAXIMUM DISCHARGE WAS .2 CFS AT 20.25 HOURS Section 12 Statement of Utility Provisions Page 35 of 38 Collier County, Florida J Acenda Item No. Sa, 7 e b r nary 'i ;s. 2007 Page 145 of 151 HAMILTON GREENS BASIN - 2 E -VII SANTA BARBARA PROGRAM PROJECT NAME ...... HAMILTON GREENS REVIEWER . , ....: WILLIAM C. McANLY PROJECT AREA , ...: 2.31 ACRES GROUND STORAGE .... 1.04 INCHES TERMINATION DISCHARGE: .01 CFS TIME OF CONCENTRATION: .10 HOURS DISTRIBUTION TYPE..: SFWMD P.ETURN FREQUENCY , .: 25.00 YEARS RAINFALL DURATION..: 3 -DAY 24 -HOUR RAINFALL ..: 8.20 INCHES REPORTING SEQUENCE .: STANDARDIZED STAGE STORAGE DISCHARGE (FT) (AF) (CFS) 12.25 .01 .00 12.50 .16 .08 13.00 ,49 .19 13.50 .90 .25 14.00 1.35 .30 14.50 1.90 3.84 15,00 2.60 12.19 15.50 3.46 23.34 16.00 4.42 36.68 - -- - RESERVOIR - - -- - RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) .00 .00 .00 .0 .0 .0 .0 .0 .0 12.25 4.00 .20 .00 .0 .0 .0 .0 .0 .0 .00 8.00 ,40 .03 .0 .0 .0 .0 .0 .0 6.26 12.00 .60 .11 .1 .0 .0 .0 .0 .0 12.27 16.00 .80 .21 A .0 .0 .0 .0 .0 12.29 20.00 1,00 .34 .1 1 .1 .0 .0 ,0 12.32 24.00 1.20 .48 .1 ,1 A .0 .0 .0 12,35 28.00 1.49 .71 .1 .1 .1 .0 .0 .0 12.40 32.00 1.78 .95 .1 .2 .1 .1 .1 .1 12.45 36.00 2.07 1.20 1 .2 .2 .0 .1 .1 12.49 40.00 2.36 1.45 .2 .3 .2 .1 ,1 .1 12.52 44.00 2.65 1.72 .2 .3 .2 .1 .1 .1 12.56 48.00 2.94 1.98 .2 .4 .2 .2 .1 .1 12.59 52.00 3.31 2.33 .3 .4 .2 .2 .1 1 12.63 56.00 4.07 3.04 ,5 ,6 .3 .3 .1 .1 12.77 58.00 4.69 3.64 .8 .7 .4 .3 .2 .2 12.90 59.00 1.15 4.08 1.2 .8 .5 3 .2 .2 13.00 59.50 5.56 4.48 1.9 .8 .6 .2 .2 .2. 13.07 Section 12 Statement of Utility Provisions Page 36 of 38 Collier County, Florida v .Agenda Item No. 3A reDruary 73, 2007 Page 146 of 151 59.75 6.79 5,68 7,0 1.0 .7 3 .2 .2 13,11 ------ RESERVOIR - - - -- RAIN ACCUM, BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (H R) (IN) (IN) (CPS) (AF) (AF) (AF) (CPS) (CFS) (FT) 60.00 8.32 7.19 13,3 1.3 1.0 .3 .2 .2 13.42 60.50 8.92 7.78 2.2 1,5 1.2 .3 .3 .3 13.78 61.00 9.23 8.09 1.4 1.5 1.2 .3 .3 .3 13.85 62.00 9.65 8.51 .9 1.6 1,3 .3 .3 .3 13,92 64.00 10.16 9.01 .6 1.7 1.3 A .3 .3 13,98 68.00 10.75 9.60 .3 1.8 1.4 .4 .3 .3 14.00 72.00 11.14 9.99 .2 1.9 1.3 .6 .3 .3 13.98 80.00 11.14 9.99 .0 1.9 1.1 .8 .3 .3 13,77 88.00 11.14 9.99 .0 1.9 1.0 .9 .3 .3 13.58 96.00 11.14 9.99 .0 1.9 .8 1.1 .2 .2 13.38 104.00 11.14 9,99 .0 1.9 .7 1.2 .2 .2 13.20 112.00 11.14 9.99 .0 1.9 .5 1.4 .2 .2 13.04 120.00 11.14 9.99 .0 1.9 .4 1.5 .2 .2 12.87 128.00 11.14 9.99 .0 1.9 .3 1.6 .1 .1 12.72 136.00 11.14 9.99 .0 1.9 .2 1.7 .1 ,1 12.61 144.00 11.14 9.99 .0 1.9 .2 1.7 .1 1 12.51 152.00 11.14 9.99 .0 1.9 .1 1.8 .1 .1 12.44 160.00 11.14 9.99 .0 1.9 .1 1.8 .0 .1 12.36 168.00 11.14 9.99 .0 1.9 .1 1.8 .0 .0 12.34 176.00 11.14 9.99 .0 1.9 .0 1.9 .0 .0 12.31 184.00 11,14 9.99 .0 1.9 .0 1.9 .0 .0 12.30 192.00 11.14 9.99 .0 1.9 .0 1.9 .0 .0 12.28 192.75 11.14 9.99 .0 1.9 .0 1.9 .0 .0 12.28 SUMMARY INFORMATION MAXIMUM STAGE WAS 14.00 FEET AT 68.00 HOURS MAXIMUM DISCHARGE WAS .3 CPS AT 68.00 HOURS HAMILTON GREENS BASIN - 2 E -XI SANTA BARBARA PROGRAM PROJECT NAME . , . , : HAMILTON GREENS REVIEWER ......: WILLIAM C. McANLY PROJECT AREA ....: 2.31 ACRES GROUND STORAGE . , .: 1.04 INCHES TERMINATION DISCHARGE : .01 CPS TIME OF CONCENTRATION: .10 HOURS DISTRIBUTION TYPE , .: SFWMD RETURN FREQUENCY .: 100.00 YEARS RAINFALL DURATION.. 3 -DAY 2.4 -HOUR RAINFALL ..: 10.40 INCHES REPORTING SEQUENCE .: STANDARDIZED Section 12 Statement of Utility Provisions Page 37 of 38 Collier Countv. Florida~ STAGE STORAGE DISCHARGE (FT) (AF) (CFS) 12.25 .01 .00 12.50 .16 .00 13.00 .49 .00 13.50 .90 .00 14.00 1.35 ,00 14.50 1.90 00 15.00 2.60 .00 15.50 3.46 .00 16.00 4.42 .00 ------ RESERVOIR - - - -- RAIN ACCUM. BASIN ACCUM ACCUM, INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (I N) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) .00 ,00 .00 .0 .0 .0 .0 .0 .0 12.25 4.00 .25 .00 .0 ,0 .0 .0 .0 .0 .23 8.00 .51 .07 .1 ,0 ,0 .0 .0 .0 12.25 12.00 ,76 .19 .1 .0 .0 ,0 .0 ,0 '12.29 16.00 1.01 .35 A ,1 .1 .0 .0 .0 12.34 20,00 1.27 .53 .1 .1 ,1 .0 .0 .0 12.40 24.00 1.52 .73 .1 .1 .1 .0 .0 .0 12.46 28.00 1.89 1.04 .2 .2 .2 .0 .0 .0 12.55 32.00 2.26 1.36 .2 .3 3 .0 .0 .0 12.65 36.00 2.63 1,69 .2 .3 .3 .0 .0 .0 12.75 40.00 100 2.03 .2 ,4 .4 ,0 .0 .0 12.84 44.00 3.36 2.37 .2 .5 .5 .0 .0 .0 12.94 48.00 3.73 2.72 .2 .5 .5 .0 ,0 .0 13,04 52.00 4,20 3.17 .3 .6 .6 .0 .0 .0 13.14 56.00 5.16 4.09 .7 .8 .8 .0 .0 .0 13.35 58.00 5.95 4,66 1.0 .9 .9 ,0 .0 .0 13.52 59.00 6,53 5.43 1.5 1.0 1.0 .0 .0 .0 13.63 59.50 7.05 5.94 2.4 1,1 1.1 .0 .0 .0 13.72 59.75 8.61 7.48 9.0 1.3 1,3 .0 .0 ,0 13.85 -- - - - -RE SE.R V OI R - - - -- RAIN ACCUM, BASIN ACCUM. ACCUM, INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 60-00 10.56 9.40 16.9 1.7 1.7 .0 .0 .0 14.12 60.50 11.32 10.16 2.8 1.9 1.9 _0 .0 ,0 14,50 61.00 11.71 10.55 1.7 2.0 2.0 ,0 .0 .0 14.57 62.00 12.24 11.08 1.1 2A 2.1 ,0 .0 .0 14.65 64.00 12.89 11.7 2 .7 2.2 2,2 ,0 .0 .0 14.74 68,00 13.63 12.46 A 2.4 2.4 .0 .0 .0 14.85 72.00 14.13 12-96 .3 2.5 2.5 0 .0 .0 14.92 SUMMARY INFORMATION MAXIMUM STAGE WAS 14.92 FEET AT 72.00 HOURS MAXIMUM DISCHARGE WAS .0 CFS AT .00 HOURS nda Henn ND. SA :r- ,ruary ;T 2907 Page 147 of 151 Section 12 Statement of Utility Provisions Page 38 of 38 to �L >o Collier County, Florida SECTION 15 ARCHITECTURE OF PROPOSED STRUCTURES !nda Item No. 8A �oruary i.3; 2007 Page 148 of 151 0 -:r 0 c�1 0 0 LC- » a o 00 � md�oa. AQ��A d N G.ta+p� Section 15 Architecture of Proposed Structures Page 1 of 4 I iMWiIL I I'IN l]nG C1v. , rul_/ Cnlfier County, Florida ARCHITECTURE OF PROPOSED STRUCTURES um m MEN, iinmaxw ■■ 11 a a 70T,MMI=MJMMMMmmwml fl v 0 N O rw Q1 W nda item No. SA, Page 149 of `51 Section 15 Architecture of Proposed Structures Page 2 of 4 I Ir�IY IILI VIV VI�I.LtV.1, I'I, /IJ Collier Couniy, Florida Agenda Item No. 8A ' I W I y I 2007 Page 100 of 151 ARCHITECTURE OF PROPOSED STRUCTURES 0 �r o. N O r� O Section 15 Archileoture of Proposed Structures Page 3 of 4 Collier County, Florlda �gen--a item No. ag e, 151 1 o f ARCHITECTURE OF PROPOSED STRUCTURES -4- -4 c> m w 4-- Q Section 15 -- lecture Page 4 of 4 Agenda Item No. 813 February 13, 2007 ?age 1 of 203 EXECUTIVE SUMMARY PETITION PUDZ -A- 2004 -AR -6417 Ronald Benderson et al, Trustee, represented by Robert L. Duane, AICP, of Hole Mantes, Inc., requesting to rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) known as the I- 75 /Alligator Alley Commercial PUD. The proposed PUD amendment requests the following: to reduce the size of the Preserve/Water Management Area from 15 acres currently required by the PUD to 10.58 acres; to delete residential uses as a permitted use; to provide a new list of commercial uses comparable to those allowed in the C -1 through C- 4 Commercial Districts, with SIC codes; modify the PUD Master Plan to depict the footprints of existing land uses and conceptual footprints for undeveloped tracts; to modify the circulation system; to establish a maximum square footage of 265,000 square feet of retail and office area; to relocate the existing western entrance 50 feet to the east; and to delete the 50 foot perimeter setback. The property consisting of 40.8 acres, is located on the north side of Davis Boulevard in proximity to the intersection of Collier Boulevard (CR- 951) and I -75. The subject property is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Companion Item with Developer's Contribution Agreement OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to rezone from Planned Unit Development known as the I -75 /Alligator Alley to I -75 /Alligator Alley Commercial Planned Unit Development (CPUD) for the purpose of revising the PUD document. CONSIDERATIONS: In 1987, the subject 40.8 acre I -75 /Alligator Alley PUD (Ordinance No. 89 -82) was approved permitting a mix of residential, commercial and industrial uses. The current proposal is a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD), for the purpose of reducing the size of the preserve /water management area from 15 acres currently required by the PUD to 10.58 acres. This petition also proposes to revise the PUD document to include the following: providing 15 percent of the total site /vegetated area to be retained on -site, eliminate residential uses as a permitted use in the PUD, adding commercial uses from the list of C -1 through C -4 uses as provided in the Land Development Code, modify the PUD Master Plan to depict the footprint of existing land uses and proposed conceptual footprints for undeveloped tracts, as well as revising the circulation system to accommodate the proposed plan. Other changes include limiting the maximum square footage of gross leasable floor area to 265,000 square feet of retail and office area excluding the existing motel approved for 107 units and the two fast food restaurants, relocating the existing western entrance approximately 50 feet farther to the east, and deleting the 50 -foot perimeter setback. PUDZ -A- 2004 -AR -6417 Page I of 5 Agerlda Itarr, fro. gE3 FeNruary '13, 2007 Page 2 of 2G3 Of the total site area, the project provides approximately 11.4 acres for the Preserve /Water Management Area, with the balance of the property designated for commercial uses and miscellaneous open space areas. The subject property is located in an area identified as Interchange Activity Center #9 in the Growth Management Plan (GMP) for Collier County. Access will be provided from two access points on Davis Boulevard depicted on the PUD Master Plan. The westernmost access will be a full access point and the eastern entrance will be a right in /right out access point. An interconnection is proposed to the adjacent East Gateway PUD, a non - residential PUD. FISCAL IMPACT: The rezoning by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is rezoned, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan (GMP) as needed to maintain adopted Level Of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: Future Land Use Element: The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses, residential and non - residential uses, institutional uses, business parks, hotel/motel uses at a density consistent with the Land Development Code which shall be determined during the rezoning process, industrial uses are authorized in the northeast, southwest and southeast quadrants. Interchange Activity Center #9 is subject to the requirements of the Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway" to Naples and all rezones shall meet the intent of the vision statement. In addition, Activity Center #9 zoning overlay district was adopted in the Land Development Code to ensure that the design of landscape, architecture, and signage will be regulated and approved in accordance with the provision of the specific LDC section. The petitioner is requesting 29.4 acres of the PUD to be designated for commercial land uses; however 25.8 acres are approved for commercial uses under the existing I -75 /Alligator Alley PUD, and therefore; only 3.6 acres have to qualify, under the Activity Center #9 criteria. Since 8 PUDZ -A- 2004 -AR -6417 Page 2 of 5 Agenda Item No. 83 February 13, 2007 Page 3 of 203 acres are still eligible for rezoning in Activity Center #9, the proposed addition of 3.6 acres of commercial land uses qualifies under Activity Center #9 criteria. In addition, the PUD requests 107 motel/hotel units. There are, presently, 107 existing motel units on the subject property that were approved at a density of 26 units per acre pursuant to Ordinance 89 -82. HoteLlmotel uses are allowed within the activity centers at a density consistent with the Land Development Code (LDC). Since the approval of the PUD, amendments to the LDC language for determining density for hotel/motel uses were amended to delete the density of 26 units per acre and replaced with a Floor Area Ratio (FAR) of 0.60. If this FAR does not provide for the existing approved density, then an interpretation of Policies 51 and 5.9 could provide for the existing density to remain. Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the Future Land Use Element and the Activity Center #9 Interchange Ma; �,r Plan. Transportation Element: The Transportation Planning Department has reviewed the Petitioner's Tra;-: is Impact Statement (TIS) and has determined that the proposed rezone will generate 4,670 .'.verage Daily Trips at the build out of the project in 2006. As a result, this petition would he consistent with Policies 5.1 and 5.2 of the Transportation Element with the approval of the companion "Developer's Contribution Agreement ". Based on the analysis contained in the Traffic Impact Statement (Exhibit "C "), the segment of CR 951 between 1 -75 and Davis Boulevard is projected to operate at LOS "F" with or without this project in the year 2006. The segment of Davis Boulevard adjacent to the frontage of the site will maintain a LOS "D" at build out of the project. Based on the results of the intersection analysis, no intersection improvements will be required as a result of the addition of the development traffic. Turning lanes are currently in place and are of adequate length to serve the project with the exception of the right turn lane at the western access drive (Joyrose Place). This turn lane should be provided with this SDP application. At the November 17, 2005 Collier County Planning Commission meeting, the County Transportation Services Division staff indicated that the State of Florida Transportation Department had removed major funding from the County's 5 Year Capital Improvement Plan, and because of this action the projected roadway improvements to Collier Boulevard (CR -951) will not be started in 2006, and is not known when these improvements will be scheduled. As a result, the Transportation Services Division has changed their recommendation from approval to denial since the project is no longer consistent with Policies 5.1 and 5.2 of the Transportation Element without improvements to Davis Boulevard or mitigation consistent with policy 5.1. The applicant has agreed to mitigate it's impacts consistent with Policy 5.1 by providing right of way, water management and the prepayment of the anticipated impact fees in order to accelerate the road project. This mitigation is proposed through a Developers Contribution Agreement as companion item to this application. Approval of the agreement would constitute mitigation consistent with Policy 5.1 and find this application consistent with the Transportation Element of the GMP. ENVIRONMENTAL ISSUES: PUDZ -A- 2004 -AR -6417 Page 3 of 5 Agenda Item iJo. 83 February 13. 2007 aae 4 of 2103 Environmental Services staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 7.1 of the PUD document with the following conditions: 1) "Pursuant to Section 2.03.07.E of the Land Development Code, if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted ", and 2) "Changes needed to the Environmental Impact Statement (EIS), that were provided verbally to environmental consultant (Ken Passarella) on September 21, 2005, shall be completed." EAC RECOMMENDATION: The Environmental Advisory Council (EAC) reviewed this petition at their November 2, 2005 meeting. The EAC voted 8 to 0 to recommend approval of PUDZ -A- 2004 -AR -6417, with the stipulation that the Preserve Area shall be fenced. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition at their December 21, 2006 public hearing. The CCPC voted 8 -0 to approve PUDZ -A- 2004 -AR -6417, I -75 / Alligator Alley CPUD with the following stipulations: • That all principal structures shall meet the architectural standards for their primary facade on their north, east , and south sides, • The Developers Contribution Agreement (DCA) including the following four points shall be approved by the BCC 1. 100 percent of all Road Impact Fees shall be paid up front, 2. 145,000 square feet of commercial floor area shall be approved for "Certificate of Adequacy ", 3. Right -of -way shall be provided on the south side of Davis Boulevard by the developer at a cost to the County of $15.72 per square foot, 4. A one acre area shall be made available by the developer for future storm water requirements from road improvements to Collier Boulevard (CR- 951) and /or Davis Boulevard. • Revisions to the CPUD's Statement of Compliance and corrections identified by County Attorney are completed. There were no statements of objection from the public. Due to the unanimous vote of approval by the CCPC, this petition would normally be placed on the Summary Agenda. However, the referenced DCA must be reviewed and approved by the Board prior to approval of this petition as the approval of the DCA is require to mitigate the potential transportation impacts created by this rezoning. As such the petition is on the regular agenda. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal con-id - rations are reflected in the Collier County Planning Commission's evaluation of the listed PUDZ -A- 2004 -AR -6417 Page 4 of 5 Agenda Item C,do. 8B ,:,brUary 3.21007 Page 1, c>f n3 criteria in Chapter 10.03.05 and Chapter 10.02.12 of the LDC. These evaluations are completed as separate documents that have been incorporated into the attached staff report. A summary of the legal considerations and findings are noted below: • The proposed change has been deemed consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements of the GMP. • The proposed land uses are compatible with the existing land use pattern. • The proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This project has also been deemed inconsistent with Policy 5.1 and 52 of the Traffic Element of the GMP. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDZ- A -2004- AR -6417, I -75 / Alligator Alley CPUD with conditions set forth in the PUD document and the attached (working) Developer's Contribution Agreement (DCA) which has been prepared by the County Attorney's Office and the Transportation Services Division. The final DCA is a companion item that must be jointly approved with this petition. PREPARED BY: Michael J. DeRuntz, C.F.M., Principal Planner Department of Zoning & Land Development Review PUDZ -A- 2004 -AR -6417 Page 5 of 5 nd, item Nc. 1:B Fe G try I 12 J,57 Pale fi c. 0: Approved By COLLIER COUNTY BOARD OF COUNTY COPJIMISSIONiERs Item Number: 3B Item Summary: 7 nis rr;m was tend. -i.ied from the January 22 2001 B C ^'eeting This item s a companion 11311200712:51 PM I,- Items 10%, and 1OB which will be neard at 106 p m This irem reouires th2t all participants oft sworn w and e>. pane disclosure be provided by Comnussion rrer.UerB Petdio- PUDZ -Fr Susan Murray, AICP 260z ;IF' 6417 Ronald Benderson e; al Trustee, represented by Rone-1 L Duane, s'CP of Date t-l:ae Muwce Inc.. recuest•no to rezone from Planned Unit Development if UDj to Cornmerrial Planned Unit Development (CPUDj Know) as the I- -,51Al1igator :alley Commeraa' PUD The proposed PUD amendment requests the following: to reduce the size 113112007 3:11 PM of the Pr serve %VVater Mana Ternenl Area horn , acres. currently required by the PUD to E6 < .es. to dente 'es=dental _ :es as ne;mitted sse.. to provide a new I,sto' commercial Approved By uses [ omparoble to trrase alfowed �n the C -1 through 0-4 i;omrnemial Districts. with SIC codes modify the . UD Master Pau to depict the tootpnnts of ex °sting land uses and Operations Analyst conceptual tootpnnts for undevoloped tracts to tr ify the oTCUtatinn system to establish a Community Development & mawmum square tootage cf 2u5.000 square feet of retail anti df4ce area to relocate the exist ig western entrance 50 feel to the east and to delete the 50 foot perimeter setback_ Environmental Services Admin. The property consisting o` 4C.8 acres, is located on me north side of Davis 2oulevard in Approved By f.roalmity to the intersection of Collier E3oulevard rCR- 961 t and 1 -75. The subject property is located it Section 34 Township 49 South, Range: 26 Fort Colter County, F'.oiida. Assistant County Attorney Companion Item with Developers Contribution Agreement Meeting Date: 2!13:200- 9 00 ,fl aM Approved By Norm E, Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin, 11311200712:51 PM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & zoning & Land Development Review 113112007 3:11 PM Environmental Services Approved By t... Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 21'1/2007 11:05 AM Approved By Marjorie M. Student Stirling Assistant County Attorney Date County Attorney County Attorney Office 21112007 1:14 PM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Administrator Community Development & Community Development & Environmenta` Services Environmental Services Admin. 2f il2i107 1:27 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 271!2007 4:06 PM Approved By Mark isackson Budget Analyst Date County Manager's Office Office of Management & Budget 215t2007 1:25 PM Approved By James V. Mudd County Manager Date Board of County County Manager's. Office 21512007 7 1 PM Commissioners perida ii --sib No. EJB F4"rL�any 13 21 G�7 Paae 7 ol 2 G 3 Cod iie->tr County SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: DECEMBER 7, 2006 RE: PETITION PUDZ -A- 2004 -AR -6417, I -75 / ALLIGATOR ALLEY CPUD SUPPLEMENTAL STAFF REPORT SUPPLEMENTAL ANALYSIS: The Collier County Planning Commission (CCPC) continued the I -75 / Alligator Alley CPUD petition during its November 17, 2005 meeting to their January 19, 2006 meeting. At this meeting, the petition was continued indefinitely because, issues relating to road capacities and future roadway improvements. The reason for the indefinite continuance is to allow time to address the Planning Commissions concerns. The petitioner has worked with staff to try to address the Planning Commission's concerns and has resubmitted their application in hopes to be heard at the December 7, 2006, Planning Commission meeting. The Department of Zoning and Land Development Review Staff recommendation originally was for approval, but due to the State of Florida Department of Transportation readjusting its funding and priorities for road projects, the County removed the schedule for the improvements to Davis Boulevard (CR. 84) and Collier Boulevard (CR. 951) from the 5 -Year Capital Improvement Program. Due to this change in funding, the project is no longer consistent with the Growth Management Plan (GMP) Transportation Element Policy 5.1. and the staff had recommended denial. The applicant and Transportation Planning staff has developed a Development Contribution Agreement (DCA) which addresses a plan to abate the capacity deficits for Davis Boulevard (CR. 84) and Collier Boulevard (CR. 951). Analysis indicates that this PUD is consistent with the Growth Management Plan and is compatible with the surrounding neighborhood. Staff recommends that the Planning Commission forward the I -75 / Alligator Alley CPUD to the Board of County Commissioners with a recommendation of approval. ATTACHED INFORMATION: The Staff Report prepared for the November 17, 2005 and the January 19, 2006, Planning Commission meetings are attached. In addition, a cover letter dated September 8, 2006, is attached which explains the revicinnc that '-f-re made in the PUD Document to addrPCC the Planning Commissioners concerns. A PUDZ- A- 2004 -AR -6417, 1 -75 / ALLIGATOR ALLEN ('PUD SUPPLEMENTAL STAFF REPORT Page I of 8 Agenda item No. 3B February 13, 2007 Page g of 2103 copy of the revised PUD Document, Supplemental Traffic Impact Study, and the Development Contribution Agreement (DCA) are also attached. The petitioner has requested a third deviation in the PUD Document: Deviation 3 seeks relief from LDC Section 4.02.23D.1. for a 25 -foot buffer along the frontage road (Davis Boulevard). The petitioner is seeking relief from the required minimum buffer requirement from the edge of right -of -way. The petitioner is proposing: A ten -foot buffer shall be required from the edge of the right -of -way on the two existing sites which are presently developed with Taco Bell and McDonald's. The petitioner provided the following justification for this deviation: The proposed 10 foot btiffer along Davis Boulevard reflects the existing conditions that exist at the Taco Bell and McDonald's sites, which were previously approved and developed. Staff is supportive of Deviation 3 due to the fact that the existing buffer area for Taco Bell and McDonald's were previously approved and constructed. This deviation for the buffering widths is restricted to the existing McDonald's and Taco Bell restaurants, and not for the balance of the property fronting on Davis Boulevard. Staff supports this deviation provided, the screening trees and hedge planting requirements shall be met, and shall be included with the first Site Development Plan (SDP) application for this CPUD. Staff, therefore, finds the deviation in compliance with LDC Section 10.02.13.A.3 in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." PREPARED BY: PUDZ -A- 2004 -AR -6417, 1 -75 r ALLIGATOR ALLEY CPUD SUPPLEMENTAL STAFF REPORT Page 2 of 8 3b jary 13, 0, ::). "° v of i 3 MICHAEL J. DE RUNTZ, CFM DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT - STIRLING DATE ASSISTANT COUNTY ATTORNEY REVIEWED BY: RAY BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition PUDZ -A- 2004 -AR -6417, I -75 /ALLIGATOR ALLEY CPUD COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE Attachments: Cover Letter - September 8, 2006 Revised PUD Document — September 15, 2006 Supplemental Traffic Impact Study Development Contribution Agreement REZONE FINDINGS PETITION PUDZ -A- 2004 -AR -6417 PUDZ -A- 2004 -AR -6417, I -75 / ALLIGATOR ALLEY MID SUPPLEMENTAL STAFF REPORT Page 3 of-8 Agenda Item ko. 8B February 13, 2007 Page 10. of 203 Division 10.03.05 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. The Comprehensive Planning Department has indicated that the proposed PUD rezone is consistent with the Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP). However, Transportation Planning staff provided an analysis of the applicable objectives, goals and policies of the Transportation Element, and find that the project is inconsistent with Transportation Element Policy 5.1. Zoning staff provided an analysis of other pertinent GMP objectives and policies; staff recommends that the petition be deemed consistent with the GMP, with the approval of the proposed Development Contribution Agreement (DCA). 2. The existing land use pattern. North: I -75 then undeveloped commercial acreage (70.2 square footage/ 10.00 dwelling units per acre, Boulevard Mixed Use Commercial Center PUD) East: C.R. 951 (Collier Boulevard) then developed acres/ 270,000 commercial zoned R.O.W. then Collier mixed commercial (100.23 acres /348,600 commercial square footage/ 550,000 industrial square footage/ 405 mobile home /recreational vehicle dwelling units, zoned R.O.W. then Tollgate Commercial Plaza DRI South: S.R. 84 (Davis Boulevard) then partially developed commercial subdivisions, zoned R.O.W. then I -75 /Collier Boulevard Commercial Center PUD (19.54 acres) and Westport Commercial Center PUD (97 acres/ 450,000 industrial square footage/ 150 mobile home /recreational vehicle dwelling units) West: undeveloped commercial acreage, zoned East Gateway PUD (37.39 acres/ 20 acres - 200,000 commercial square footage/ 17 acres - 250,000 industrial /office park development) The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. EXHIBIT "A" 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. PUDZ -A- 2004 -AR -6417, 1 -75 i ALLIGATOR ALLEY CPUD SUPPLEMENTAL STAFF REPORT Page 4 of 8 at ^qn�C� !I�tii iJO. J tlruary "3 ? C 7 age of ?C3 The I -75 /Alligator Alley CPUD is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed amendment to the I -75 /Alligator Alley CPUD doesn't change the currently approved district boundaries that were previously deemed to be logically drawn in relation to existing conditions at the time the property was first rezoned to a PUD. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. The proposed amendment is consistent with the criteria of Interchange Activity Center 49. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed amendment is consistent with the criteria of Interchange Activity Center #9 and will be beneficial to the living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent, with the approval of the proposed Development Contribution Agreement (DCA). The proposed change will result in an overall 4,670 increase in daily trips within the I -75 /Alligator Alley CPUD, as determined by the Traffic Impact Statement. 8. Whether the proposed change will create a drainage problem. The LDC specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, this project has been reviewed for consistency with the applicable regulations and required to mitigate all sub - surface drainage generated by developmental activities as a condition of approval. PUDZ -A- 2004 -AR -6417, 1 -75 / ALLIGATOR ALLEY CPUD SUPPLEMENTAL STAFF REPORT Page 5 of 8 Agenda Item No. 39 February 13, 2007 Page 12 of 203 9. Whether the proposed change will seriously reduce light and air to adjacent areas. All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The development standards within the I -75 /Alligator Alley CPUD will not be affected by the requested change to the PUD document. Therefore, staff is of the opinion that this petition will not adversely affect property values. It should be noted that the value of property is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination by law is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Surrounding uses are a mix of similar PUD rezones. This proposal is consistent with these surrounding uses and there are development controls that are a part of this request that will minimize any potential impact it might have on adjacent properties. Staff, therefore, feels that the proposal will not be a deterrent to the improvement or development of the adjacent property and that, in fact, it could be an impetus to the development of surrounding properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed amendment complies with Interchange Activity Center #9 of the Growth Management Plan (GMP), which is a public policy statement supporting zoning actions when they are consistent with said plan, with the approval of the proposed Development Contribution Agreement (DCA). 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property is being developed in accordance with the existing PUD zoning. The proposed PUD amendment revises the PUD document to include the following: providing to the 15 percent of the total site /vegetated area to be retained, deletion of the residential uses as a permitted use in the PUD, providing the list of C -1 through C -4 uses along with the SIC codes, modify the PUD Master Plan to depict the footprint of existing land uses PUDZ -A- 2004 -AR -6417, 1 -75 1 ALLIGATOR ALLEY CPUD SUPPLEMENTAL STAFF REPORT Page 6 of 8 ,gerica 1,°m Rio, 8B `:a 2e 13 of : '3 and proposed conceptual footprints for undeveloped tracts, modify the PUD Master Plan circulation system to accommodate the proposed plan, providing a maximum number of square footage of gross leasable floor area to 265,000 of retail and office area excluding the existing motel approved for 107 units and the two fast food restaurants, relocation of the existing western entrance approximately 50 feet farther to the east, and the deletion of the 50 -foot perimeter setback, but does not alter the development standards of Interchange Activity Center #9 of the Growth Management Plan (GMP). 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD has been approved at a density consistent with the allowable density in the County's Growth Management Plan, and as such will be in scale with the needs of the neighborhood and the County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The proposed amendment to the 1-75/Alligator Alley PUD will not change the list of permitted uses that has already been approved for the subject site. In addition, there are many sites, which are zoned to accommodate the subject development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The existing PUD is developing with commercial uses that, at the time of this application for rezoning include an existing motel developed with 107 motel units, an existing Taco Bell and an existing McDonald's restaurant. The subject property has approximately 30 acres proposed for commercial uses and approximately 11.4 acres for water management. Within the water management area, 6.12 acres will be re- vegetated. The site drains from the south to the north and under I -75 to the Golden Gate Canal. The elevation of the property ranges from 9 to 13 NVGD. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Manabement Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi - disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition, and the staff found it consistent with the Transportation Element of the GMP, with the approval of the proposed Development Contribution Agreement (DCA). PUDZ -A- 2004 -AR -6417, 1 -75 ALLIGATOR ALLEY (PUD SUPPLEMENTAL STAFF REPORT Page 7 of 8 Benda Item No. 3B February 3, 2007 Page 1:4 of 203 PUDZ- A- 2004 -AR -6417, 1 -75 / ALLIGATOR ALLEY CPUD SUPPLEMENTAL STAFF REPORT Page 8 oi' 8 C� !ta'rn tV i -,a: "e 15 of 20 j Cot ier County 0 SUPPLEMENTALI STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUARY 19, 2006 RE: PETITION PUDZ -A- 2004 -AR -6417 I- 75;'ALLIGATOR ALLEY CPUD REOUESTED ACTION: The petitioner's requested action remains the same as explained in the staff report prepared and submitted for the November 17, 2005, Collier County Planning Commission hearing. There have been a changes to the PUD document but no change to the Master Plan. UPDATE: The Collier County Planning Commission (CCPC) heard this petition on November 17, 2005, however, the CCPC approved the petitioner's request to continue this petition to November 17, 2005, in order to allow them time to respond to the Transportations Services Division's concern over the delay in improving capacity of Davis Boulevard. Staff was forced to reschedule this petition from the November 17, 2005 CCPC hearing date because the petitioner had not submitted the revisions in sufficient time for the staff to review it for the CCPC meeting. The petitioner has submitted a revised PUD document and Traffic Impact Statement (TIS). The PUD document was revised to reflect the following: Section 4.17. Pursuant to Section 6.06.02.C.1 of the LDC, payment in lieu of construction for a 6 -foot sidewalk and a 4 -foot bike lane for project frontage along Collier Boulevard and Davis Boulevard shall be provided. The required payment shall be provided within 30 days of the approval of this zoning amendment by the Collier County Board of County Commissioners. Costs shall be determined utilizing FDOT's 2004 Transportation Costs, as amended (see also Section 7.2 fvi of this vruinancc). 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 1 of 12 Agenda Item No. 3B February 13, 2007 Page 16 of 203 Section 5.2.B.2. A fence shall be installed along the perimeter of the Preserve Area depicted on the CPUD Master Plan in accordance with Collier County requirements until such time as the vegetation has time to mature. Section 7.2.P Provisions have been incorporated into the project's Water Management Plan to provide for acceptance of stormwater for the widening of Davis Boulevard that is a requirement of this CPUD. Section7.2.Q. This project will be subject to the East Central TCMA requirements, which include a selection of four Transportation Demand Management strategies and fair share payment for impacts not to exceed 15% above impact fees. This requirement is only applicable for development that has not received Certificates of Adequate Public Facilities. As of the date of the adoption of this ordinance, certificates had been issued for 130,000 S.F. of retail development. Section 7.2.R. There shall be no issuance of Certificates of Occupancy for any permitted uses until such time as improvements have been substantially completed to Davis Boulevard and it is operational under a six -lane road condition unless Certificates of Adequate Public Facilities have been issued prior to the adoption of this ordinance. Staff has conducted further review of the new information and has reconsidered its original approval recommendation for this petition. The original staff report dated November 17, 2005 has not been revised except for the below listed revisions. Please refer to the original staff report for that information. The Transportation Element, the GMP Conclusion of the Growth Management Plan (GMP) , the Rezoning Findings (Exhibit A), and the PUD findings (Exhibit B), as well as the Staff's Recommendation have been revised. The revised sections are set forth on the following page. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Transportation Element: Transportation Services Division staff has reviewed this petition's revised Traffic Impact Statement (Exhibit C). The TIS identified that Davis Boulevard is shown to be 94 vehicles above capacity at this time as a two -lane roadway. Retail development of 130,000 square feet has received a Certificate of Adequate Public Facilities. The traffic generated from the balance of the proposed 125,400 square feet of commercial floor area (Phase 2) will not be accommodated with the current roadway facilities of Davis Boulevard. The study proposes that the balance of construction of Phase 2 of the Alligator Alley CPUD will likely be delayed until such time as the six - laning of Davis Boulevard can be accommodated within the concurrency analysis pursuant to the Collier County Land Development Code and Growth Management Plan (GMP) regulations. As such, the staff can not recommend approval of this petition because it is not consistent with the regulation of Policy 5.1 and 5.2 of the GMP. GMP Conclusion: The Growth Management Plan is the prevailing document to support land use decisions such as this proposed rezoning to PUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for any rezoning petition. The proposed uses are consistent with the property's future Land Use Element's map designation, the goals and objectives for the Interchange Activities Center #9. As noted in the original staff report, the project is consistent 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 2 of 12 = ^gen—aa Item f' o. Sim - ebruary 13, ?aW Page 17 vi. 203 with the Future Land Use Element's policy regarding compatibility, and approval would be consistent with various objectives and policies of the Transportation Element as indicated previously in the GMP discussion. However, as noted above, the proposed rezone is not consistent with GMP Transportation Element Policy 5.1. Therefore, staff must recommend that the petition be deemed inconsistent with the GMP, based upon a review of all elements of the Growth Management Plan. RECOMMENDATION: Based on staff's Growth Management Plan analysis and the resultant inconsistency finding, staff recommends denial of Petition PUDZ-A- 2004 -AR -6417, however, the CCPC may determine that a developer's commitment that there shall be no issuance of Certificates of Occupancy for any permitted uses until such time as improvements have been substantially completed to Davis Boulevard and it is operational under a six -lane road condition unless Certificates of Adequate Public Facilities have been issued prior to the adoption of this ordinance, can be deemed acceptable mitigation to offset the Transportation Service Division's Level of Service (LOS) concerns. LDC Section 6.02.00, Adequate Public Facilities Requirements, would not allow the County to approve final subdivision plat plans if such approval would result in a reduction in the level of service for any public facility below the level of service established in the GMP. 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 3 of 12 Agenda item Pao. 83 February 13, 2007 Page 18 of 203 PREPARED BY: MICHAEL J. DE RUNTZ, CFM, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT - STIRLING DATE ASSISTANT COUNTY ATTORNEY RAY BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR Tentatively scheduled for the February 28, 2006 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Attachments: Exhibit "A " -- Revised PUD Findings Exhibit "B " -- Revised Rezone Findings Exhibit "C " -- Revised PUD Document Exhibit "D " -- Revised Transportation Impact Statement 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 4 of 12 cen'l 'G�2 :tem No. -3 ie 19 of 203 REZONE FINDINGS PETITION PUDZ -A- 2004 -AR -6417 Division 10.03.05 of the Collier County Land Development Code requires that the report and recommendations of the Planning Conunission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. The Comprehensive Planning Department has indicated that the proposed PUD rezone is consistent with the Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP). However, Transportation Planning staff provided an analysis of the applicable objectives, goals and policies of the Transportation Element, and find that the project is inconsistent with Transportation Element Policy 5.1. Zoning staff provided an analysis of other pertinent GMP objectives and policies; however, staff recommends that the petition be deemed inconsistent with the overall GMP because of transportation concerns. 2. The existing land use pattern. North: I -75 then undeveloped commercial acreage (70.2 acres/ 270,000 commercial square footage/ 10.00 dwelling units per acre, zoned R.O.W. then Collier Boulevard Mixed Use Commercial Center PUD) East: C.R. 951 (Collier Boulevard) then developed mixed commercial (100.23 acres /348,600 commercial square footage/ 550,000 industrial square footage/ 405 mobile home /recreational vehicle dwelling units, zoned R.O.W. then Tollgate Commercial Plaza DRI South: S.R. 84 (Davis Boulevard) then partially developed commercial subdivisions, zoned R.O.W. then I -75 /Collier Boulevard Commercial Center PUD (19.54 acres) and Westport Commercial Center PUD (97 acres/ 450,000 industrial square footage/ 150 mobile home /recreational vehicle dwelling units) West: undeveloped commercial acreage, zoned East Gateway PUD (37.39 acres/ 20 acres - 200,000 commercial square footage/ 17 acres - 250,000 industrial /office park development) The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. EXHTRTT "A" 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 5 of 12 Aa. enda item No. 8B February 13, 20G7 Page 20 of 203 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The I -75 /Alligator Alley CPUD is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed amendment to the I -75 /Alligator Alley CPUD doesn't change the currently approved district boundaries that were previously deemed to be logically drawn in relation to existing conditions at the time the property was first rezoned to a PUD. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. The proposed amendment is consistent with the criteria of Interchange Activity Center #9. However, because the petition is inconsistent with the overall GMP, staff is unable to support the rezoning. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed amendment is consistent with the criteria of Interchange Activity Center #9 and will be beneficial to the living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The Transportation Services Division has reviewed the proposed PUD and has recommended denial of the petition based upon transportation - related GMP policies. 1 -75 /Alligator Alley, PUDZ - 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 6 of 12 r,�ary ' "3, 2 �,:1 taue _1J of 21 8. Whether the proposed change will create a drainage problem. The LDC specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, this project has been reviewed for consistency with the applicable regulations and required to mitigate all sub - surface drainage generated by developmental activities as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The development standards within the I -75 /Alligator Alley CPUD will not be affected by the requested change to the PUD document. Therefore, staff is of the opinion that this petition will not adversely affect property values. It should be noted that the value of property is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination by law is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Surrounding uses are a mix of similar PUD rezones. This proposal is consistent with these surrounding uses and there are development controls that are a part of this request that will minimize any potential impact it might have on adjacent properties. Staff, therefore, feels that the proposal will not be a deterrent to the improvement or development of the adjacent property and that, in fact, it could be an impetus to the development of surrounding properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed amendment complies with Interchange Activity Center #9 of the Growth Management Plan (GMP), which is a public policy statement supporting zoning actions when they are consistent with said plan. Because the petition is 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 7 of 12 Agenda Item No. 83 February 13, 2007 Page 22 of 203 inconsistent with the overall GMP, approval of the proposed PUD would constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property is being developed in accordance with the existing PUD zoning. The proposed PUD amendment revises the PUD document to include the following: providing to the 15 percent of the total site /vegetated area to be retained, deletion of the residential uses as a permitted use in the PUD, providing the list of C -1 through C -4 uses along with the SIC codes, modify the PUD Master Plan to depict the footprint of existing land uses and proposed conceptual footprints for undeveloped tracts, modify the PUD Master Plan circulation system to accommodate the proposed plan, providing a maximum number of square footage of gross leasable floor area to 265,000 of retail and office area excluding the existing motel approved for 107 units and the two fast food restaurants, relocation of the existing western entrance approximately 50 feet farther to the east, and the deletion of the 50 -foot perimeter setback, but does not alter the development standards of Interchange Activity Center #9 of the Growth Management Plan (GMP). 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD has been approved at a density consistent with the allowable density in the County's Growth Management Plan, and as such will be in scale with the needs of the neighborhood and the County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The proposed amendment to the I -75 /Alligator Alley PUD will not change the list of permitted uses that has already been approved for the subject site. In addition, there are many sites, which are zoned to accommodate the subject development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. This petition is not consistent with the Transportation Element of the GMP, while compatible with the adiacent land uses, the timing of the action is not consistent with all County codes. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The existing PUD is developing with commercial uses that, at the time of this application for rezoning, include an existing motel developed with 107 motel units, an existing Taco Bell and an existing McDonald's restaurant. The subject property has approximately 30 acres proposed for commercial uses and 1 -75 /Alligator Alley, PUDZ - 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 8 of 12 ilC ,'a iiv;T No. B Puae _-? :'f ?C3 approximately 11.4 acres for water management. Within the water management area, 6.12 acres will be re- vegetated. The site drains from the south to the north and under I -75 to the Golden Gate Canal. The elevation of the property ranges from 9 to 13 NVGD. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi - disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and, the Transportation Planning staff found it inconsistent with the Transportation Element of the GMP however. Zoning & Land Development Review staff has included stipulations that should adequately address the transportation issues. 1 -75 /Alligator Alley, PUDZ - 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 9 of 12 Agenda Ifern No. 35 February 13, 2007 Page 24 of 203 FINDINGS FOR PUD PUDZ -A- 2004 -AR -6417 Section 10.02.13 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the I- 75iAlligator Alley CPUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the GMP. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The Comprehensive Planning Department has indicated that the proposed PUD rezone is consistent with the Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP). However, Transportation Planning staff provided an analysis of the applicable obiectives, coals and policies of the Transportation Element, and find that the protect is inconsistent with Transportation Element Policy 5.1. Zoning staff provided an analysis of other pertinent GMP objectives and policies• however, staff recommends that the petition be deemed inconsistent with the overall GMP because of transportation concerns. EXHIBIT "B" 1-75/Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 10 of 12 A-z1en: a item No. '-;B ebrjary 13. -200)7 Page 2, of 203 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. The LDC, to assure harmonious relationships between projects, automatically regulates external relationships. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. As provided in Section 7. LC of the PUD document, the amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The Transportation Services Division has reviewed the proposed PUD and has recommended denial of the petition based upon transportation - related GMP policies. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the Staff Report and Supplemental Report. This petition will adversely impact the Level Of Service (LOS) for Davis Boulevard, and would not be consistent with the coneurrencv Management Plan for the GMP. S. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning districts. The change includes a variety of modifications to the existing PUD document including: providing to the 15 percent of the total site /vegetated area to be retained, deletion of the residential uses as a permitted use in the 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 11 of 12 Agenda Item too. 83 February 13. 2007 Page 26 of 203 PUD, providing the list of C -1 through C -4 uses along with the SIC codes, modify the PUD Master Plan to depict the footprint of existing land uses and proposed conceptual footprints for undeveloped tracts, modify the PUD Master Plan circulation system to accommodate the proposed plan, providing a maximum number of square footage of gross leasable floor area to 265,000 of retail and office area excluding the existing motel approved for 107 units and the two fast food restaurants, relocation of the existing western entrance approximately 50 feet farther to the east, and the deletion of the 50 -foot perimeter setback, but does not alter the development standards of Interchange Activity Center #9 of the Growth Management Plan (GMP). However, because the petition is inconsistent with the overall GMP, staff is unable to support the rezoning. 1 -75 /Alligator Alley, PUDZ- 2004 -AR -6417 Supplemental Staff Report January 19, 2006 CCPC Page 12 of 12 4uetxla Item !' o. 35 ^eb a ~y 13, '2007 ra3e 2-7 of 2 '3 Co FFI7;er CoRnty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: NOVEMBER 17, 2005 SUBJECT: PETITION PUDZ -A- 2004 -AR -6417 AGENT /APPLICANT: OWNER: Ronald Benderson et al, Trustees Randall Benderson 1993 -1 Trust and WR -1 Associates, Ltd. c/o Dave Gustafson at Benderson Development Company, Inc. 8441 Cooper Creek Blvd. University Park, FL. 34201 AGENT: Robert L. Duane Hole Montes, Inc. 950 Encore Way Naples, FL. 341 10 REOUESTED ACTION: R. Bruce Anderson Roetzell & Andress LPA 850 Park Shore Drive Trianon Centre Third Floor Naples, FL. 34103 The petitioner is requesting a rezone from "PUD" to "PUD" Planned Unit Development known as the I -75 1'Alligator Alley Commercial Planned Unit Development (CPUD) for the purpose of revising the PUD document. PUDZ- A -04 -AR -6417, 1 -75 ALFGA'TOR ALLEY C'PUL) 1 OF Is C'CPC MEETING 11 -17 -05 Agenda Item No. 8B February 13. 2007 Page 28 of 203 GEOGRAPHIC LOCATION: The subject PUD is located on the north side of Davis Boulevard to the west of Collier Boulevard and bounded by I -75 to the north. The subject property is also located in the southwest quadrant of I -75, Exit 15 Interchange and further located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. PURPOSE /DESCRIPTION OF PROJECT: In 1987, the subject 40.8 acre I- 75iAlligator Alley PUD (Ordinance No. 89 -82) was approved permitted a mix of residential, commercial and industrial uses. The current proposal is a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) known as the I -75 Alligator Alley CPUD, for the purpose of reducing the size of the preserve /water management area from 15 acres currently required by the PUD to 10.58 acres. The proposal also revised the PUD document to include the following: providing 15 percent of the total site /vegetated area to be retained on -site, deletion of the residential uses as a permitted use in the PUD, providing the list of C -1 through C -4 uses along with the SIC codes, modify the PUD Master Plan to depict the footprint of existing land uses and proposed conceptual footprints for undeveloped tracts, modify the PUD Master Plan circulation system to accommodate the proposed plan, providing a maximum number of square footage of gross leasable floor area to 265,000 of retail and office area excluding the existing motel approved for 107 units and the two fast food restaurants, relocation of the existing western entrance approximately 50 feet farther to the east, and the deletion of the 50 -foot perimeter setback. Of the total site area, the project provides approximately 11.4 acres for the Preserve /Water Management Area, with the balance of the property designated for commercial uses and miscellaneous open space areas. The subject property is located in an area identified as Interchange Activity Center #9 in the Growth Management Plan (GMP) for Collier County. The maximum allowable square footage of gross leasable floor area is 265,000 square feet of retail or office area excluding the existing motel approved for 107 units and any future motels. Access will be provided from two access points on Davis Boulevard depicted on the PUD Master Plan. The westernmost access will be a full access point and the eastern entrance will be a right in/right out access point. An interconnection is proposed to the adjacent East Gateway PUD, a non - residential PUD. SURROUNDING LAND USE AND ZONING: Subject Parcel: A commercial subdivision that is partially developed, which includes an existing motel developed with 107 motel units, an existing fast food restaurants. Surrounding- North: I -75 then undeveloped commercial acreage (70.2 acres / 270,000 commercial square footage / 10.00 dwelling units per acre, zoned R.O.W. then Collier Boulevard Mixed Use Commercial Center PUD PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY CPUD 2 OF 18 CCPC MEETING 1 1 -17 -05 °ri�a 1eill':�. v� b ruarti., 13. 21007 P� ye 20 of 203 East: C.R. 951 (Collier Boulevard) then developed mixed commercial (100.23 acres / 348,600 commercial square footage / 550,000 industrial square footage / 405 mobile home /recreational vehicle dwelling units, zoned R.O.W. then Tollgate Commercial Plaza DRI South: S.R. 84 (Davis Boulevard) then partially developed commercial subdivisions, zoned R.O.W. then I -75 /Collier Boulevard Commercial Center PUD (19.54 acres) and Westport Commercial Center PUD (97 acres / 450,000 industrial square footage / 150 mobile home /recreational vehicle dwelling units) West: undeveloped commercial acreage, zoned East Gateway PUD (37.39 acres / 20 acres - 200,000 commercial square footage / 17 acres - 250,000 industrial /office park development) GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban Commercial District, Interchange Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Future Land Use Element: The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. Interchange Activity Center #9 is subject to the requirements of the Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway" to Naples and all rezones shall meet the intent of the vision statement. In addition, Activity Center #9 zoning overlay district was adopted in the Land Development Code to ensure that the design of landscape, architecture, and signage will be regulated and approved in accordance with the provision of the specific LDC section. The petitioner affirms in the statement of compliance that "Development of the I -75 Alligator Alley PUD will be consistent with the Activity Center #9 Interchange Master Plan." The entire Interchange Activity Center is eligible for up to 100% of the entire acreage to be developed for any of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55% of the total acreage (632.5) of Interchange Activity Center #9. A maximum of 347.88 total acres are eligible for commercial zoning. To date, 325.23 acres are presently zoned commercial, therefore, 22.65 acres are eligible to be rezoned to commercial. PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY CPUD 3 OE 18 CCPC MEETING 11 -17 -05 Agenda Item No. 8B February 13, 2007 Pane 30 of 203 ZONING MAP The petitioner is requesting 29.4 acres of the PUD to be designated for commercial land uses; however, 25.8 acres are approved for commercial uses under the existing I -75 /Alligator Alley PUD, and therefore, only 3.6 acres have to qualify under the Activity Center #9 criteria. Since 22.65 acres are still eligible for rezoning in Activity Center #9, the proposed addition of 3.6 acres of commercial land uses qualifies under Activity Center #9 criteria. Within Activity Center- #9632.5 acres X 55% = 347.88 acres maximum eligible for commercial zoning. Presently, 325.23 acres are zoned commercial leaving a remainder of 22.65 acres eligible for rezoning to commercial (347.88 - 325.23 = 22.65). In addition, the PUD requests 107 motel/hotel units. There are presently 107 existing motel units on the subject property that were approved at a density of 26 units per acre pursuant to Ordinance 89 -82. Hotel/motel uses are allowed within the activity centers at a density consistent with the Land Development Code (LDC). Since the approval of the PUD, amendments to the LDC language for determining density for hotel/motel uses was amended to delete the density of 26 units per acre and replace it with a Floor Area Ratio (FAR) of 0.60. PL1DZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY CPUD 4 OF 18 CCPC MEETING 11-17-05 t— en act ' €e ii i o. 13 `P aoe J 1 of "C 31 AERIAL MAP If this FAR does not provide for the existing approved density, then an interpretation of Policies 5.1 and 5.9 could provide for the existing density to remain. Pursuant to FLUE Policies 7.1. 7.2 & 7.1, access to the project has been provided via two access points on Davis Boulevard, internal access has been provided to neighboring commercial to help reduce vehicle congestion on nearby collector and arterial roads and an interconnection is proposed to the adjacent East Gateway PUD. P[JDZ- A -04 -AR -6417, I -75 ALEGATOR AL1,E)' ('PUD 5 OF 18 CCPC MEETING 11 -17 -05 ACTIVITY CENTER #9 Agenda item No. 38 February 13, 2007 Fa ,ae 32 of 203 awnwrY Mean N u w - aesrtu� ■ u�o c+ms sarw wo nws+ua arca'uew.i'ax—"`� Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the Future Land Use Element and the Activity Center #9 Interchange Master Plan. Transportation Element: The Transportation Department has reviewed the Petitioner's Traffic Impact Statement (TIS) and has determined that the proposed rezone will generate 4,670 Average Daily Trips at the build out of the project in 2006. As a result, this petition is consistent with policies 5.1 and 5.2 of the Transportation Element. Based on the analysis contained in the Traffic Impact Statement (Exhibit "C "), the segment of CR 951 between I -75 and Davis Boulevard is projected to operate at LOS "F" with or without this project in the year 2006. The segment of Davis Boulevard adjacent to the frontage of the site will maintain a LOS "D" at build out of the project. Based on the results of the intersection analysis, no intersection improvements will be required as a result of the addition of the development traffic. Turning lanes are currently in place and are of adequate length to serves the project, with the exception of the right turn lane at the western access drive (Joyrose Place). This turn lane should be provided with this SDP application. PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY CPUD 6 OF 18 CCPC MEETING 11 -17 -05 c'hruary 13. 2" viG7 Open Space /Conservation: The PUD document indicates that a combination of landscape, lakes, water management areas, and qualifying open space areas equals 53 percent of the gross land area. The PUD will also achieve native vegetation preservation of re- vegetation requirements of the LDC by re- vegetation of native species; therefore, the Conservation and Open Space elements of he GMP will be achieved by the PUD development strategy. Utilities and Water Management Element: Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned, and maintained in accordance with the current Collier County ordinances. Water management facilities will be constructed to meet current County Ordinances. These facilities will be reviewed and approved as a function of obtaining subsequent development order approvals. The above - prescribed course of action makes this petition consistent with this element of the GMP. Two easements for well fields have been provided within the subject property. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. These criteria are specifically noted in Section 10.02.13 of the Land Development Code and required staff evaluation and comment. The Planning Commission to the BCC also used these criteria as the basis for their recommendation. Appropriate evaluation of petitions for amendments to PUDs should establish a factual basis for supportive action by appointed and elected decision - makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a determination of compliance, non - compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit "B "). Environmental Analvsis: Environmental Services staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 7.1 of the PUD document with the following conditions: "Pursuant to Section 2.03.07.E of the Land Development Code, if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted, and changes needed to EIS provided verbally to environmental consultant (Ken Passarella) on 9/2 1 /05." The EAC reviewed this petition at their November 2, 2005 meeting. The EAC voted 8 to 0 to recommend approval PUDZ -A- 2004 -AR -6417, with the stipulation that the Preserve Area shall be fenced. Transportation Analysis: Transportation Department staff has reviewed the petition and has recommended approval subject to the Transportation improvements contained in Section 7.2 of the PUD document with the addition of the following condition: "This project will be subject to the East Central TCMA requirements which include a selection of four PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY CPUD 7 OF 18 CCPC MEETING 11 -17 -05 Aoenda Item No. 3B February 13, 2007 Page 34 of 2103 Transportation Demand Management strategies and fair share payment for impacts not to exceed 15% above impact fees." Utility Issues: The Utilities Department staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 7.3 of the PUD document. Zoninlz and Land Development Review Analysis: The evaluation by professional staff includes an analysis of the project's relationship to the community's Future Land Use Plan, and whether or not a rezoning action would be consistent with the GMP. Other evaluation considerations include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. In addition, staff offers the following synopsis: Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The subject property is zoned I -75 Alligator Alley PUD, and is approved for residential multi - family dwelling units at 16 units /per acre, and a variety of commercial and industrial uses. The proposed rezoning request eliminates the residential multi - family dwelling units. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the land will be used and developed for those land uses authorized within the PUD. The development of the subject property is timely and consistent with the FLUE and the Activity Center #9 Interchange Master Plan of the GMP. Relationship to Existing and Proposed Land Uses - Generally a discussion of this relationship concerns the compatibility of the petitioner's proposed changes to the uses allowed in the PUD with the adjacent properties to the north, south, east, and west. The subject property is proposed as a modification of the already approved mixed -use development, at the base density allowed in the County's Comprehensive Plan, and specifically the Activity Center #9 Interchange Master Plan. Deviation Discussion: The petitioner is seeking two deviations and has identified them in Sections 8.1 and 8.2 of the PUD document. Staff has analyzed the deviations and provides the analyses and recommendations below. Deviation 1 seeks relief from LDC Section 4.06.02.D.5.a. which states: "The shape of a manmade body of water including retention and detention areas, must be designed to appear natural with curvilinear edges." The petitioner is seeking relief from the required design criteria to have a natural or curvilinear appearance. The petitioner is proposing: The existing area previously approved for waster management maintain the same configuration and that new water management area provide plant materials to provide the curvilinear appearance. PUDZ- A -04 -AR -0417, 1 -75 ALEGATOR ALLEY CPUD 8 OF 18 CCPC MEETING 1 1 -17 -05 Agenda lte;n Nic. 83 c:brjary 13. %';07 Page of 1203 The petitioner provided the following justification for this deviation: The referenced Standard is the revegetate areas to be provided in the preserve areas of shrubs and grasses to be planted along the perimeter of the water management pre - treatment areas. Staff is supportive of Deviation l due to the fact that the existing water management area was previously approved, and that the confined area of the new water management area had a very confined space and the petitioner proposed to provide plantings to provide the curvilinear appearance. Staff, therefore, finds the deviation in compliance with LDC Section 10.02.13.A.3 in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation 2 seeks relief from LDC Section 4.06.05.H for a 5 -foot set -back from the property line and the toe -of -slope of a two -foot or higher berm. The petitioner is seeking relief from the required minimum distance between the property line and the toe -of- slope. The petitioner is proposing: No toe -of -slope setback shall be required from the common property /tract boundary of the subject property. The petitioner provided the following justification for this deviation: 77ie toe of the existing berm that was constructed in 1990 as part of the previously approved South Florida Tf'ater Management District permit. Staff is supportive of Deviation 2 due to the fact that the existing water management area was previously approved. Staff, therefore, finds the deviation in compliance with LDC Section 10.02.13.A.3 in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda Bedtelvon, Community Planning Coordinator: The agent for the applicant held the required NIM on .Tune 16, 2005 at 5:30 P.M. at the Comfort Inn & Suites, 3860 Tollgate Boulevard., Naples. One person other than the applicant's team and County staff attended the meeting. There were no objections to the proposed rezone of the property STAFF RECOMMENDATION: Planning Services staff recommends that the Collier County Planning Commission forward Petition PUDZ -A- 2004 -AR -6417 to the Board of County Commissioners with a recommendation of approval as set forth in the PUD document. PUDZ- A -04 -AR -6417, I -75 ALE,G.ATOR ALLEY CPUD 9 OF 18 CCPC MEETING 11 -17 -05 Agenda ,Lem Pao. 8B February 13, 2007 Page 36 of 203 PREPARED BY: MICHAEL J. DE RUNTZ, CFM, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT- STIRLING DATE ASSISTANT COUNTY ATTORNEY RAY BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the January 10, 2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN PUDZ- A -04 -AR- 6417. 1 -75 ALEGATOR ALLEY CPUD 10 OF 18 CCPC MEETING 11 -17 -05 nda i ern i` o, Sj `e,bruary 13. 2007 e 37 of 2,213 REZONE FINDINGS PETITION PUDZ -A- 2004 -AR -6417 Division l 0.03.05 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The requested density within I -75 /Alligator Alley CPUD is consistent with the FLUE contained in the Growth Management Plan and therefore will be consistent with the goals, objectives and polices of the Plan. 2. The existing land use pattern. North: I -75 then undeveloped commercial acreage (70.2 acres / 270,000 commercial square footage / 10.00 dwelling units per acre, zoned R.O.W. then Collier Boulevard Mixed Use Commercial Center PUD East: C.R. 951 (Collier Boulevard) then developed mixed commercial (100.23 acres / 348,600 commercial square footage / 550,000 industrial square footage / 405 mobile home /recreational vehicle dwelling units, zoned R.O.W. then Tollgate Commercial Plaza DRI South: S.R. 84 (Davis Boulevard) then partially developed commercial subdivisions, zoned R.O.W. then I -75 /Collier Boulevard Commercial Center PUD (19.54 acres) and Westport Commercial Center PUD (97 acres / 450,000 industrial square footage / 150 mobile home /recreational vehicle dwelling units) West: undeveloped commercial acreage, zoned East Gateway PUD (37.39 acres / 20 acres - 200,000 commercial square footage / 17 acres - 250,000 industrial /office park development) The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. EXHIBIT "A" 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLE)' ('PUD l 1 OF 18 CCPC MEETING 11 -17 -05 Aoerida kam No. 83 February 13, 2007 Pane 38 of 2'03 The 1 -75 /Alligator Alley CPUD is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed amendment to the I -75 /Alligator Alley CPUD doesn't change the currently approved district boundaries that were previously deemed to be logically drawn in relation to existing conditions at the time the property was first rezoned to a PUD. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. The proposed amendment is consistent with the criteria of Interchange Activity Center #9. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed amendment is consistent with the criteria of Interchange Activity Center #9 and will be beneficial to the living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. The proposed change will result in an overall 4,670 increase in daily trips within the I -75 /Alligator Alley CPUD, as determined by the Traffic Impact Statement. 8. Whether the proposed change will create a drainage problem. PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY CPUD 12 OF 18 CCPC MEETING 11 -17 -05 3, 20W Page 29 of The LDC specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, this project has been reviewed for consistency with the applicable regulations and required to mitigate all sub - surface drainage generated by developmental activities as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The development standards within the I -75 /Alligator Alley CPUD will not be affected by the requested change to the PUD document. Therefore, staff is of the opinion that this petition will not adversely affect property values. It should be noted that the value of property is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination by law is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Surrounding uses are a mix of similar PUD rezones. This proposal is consistent with these surrounding uses and there are development controls that are a part of this request that will minimize any potential impact it might have on adjacent properties. Staff, therefore, feels that the proposal will not be a deterrent to the improvement or development of the adjacent property and that, in fact, it could be an impetus to the development of surrounding properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed amendment complies with Interchange Activity Center #9 of the Growth Management Plan (GMP), which is a public policy statement supporting zoning actions when they are consistent with said plan. In light of this fact, the amendment does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with the GMP are in the public interest. PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY CPUD 13 of 18 CCPC MEETING 11-17-05 Aaenda item No. 3B rebruary 13, 2007 Page 40 of 203 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property is being developed in accordance with the existing PUD zoning. The proposed PUD amendment revises the PUD document to include the following: providing to the 15 percent of the total site /vegetated area to be retained, deletion of the residential uses as a permitted use in the PUD, providing the list of C -1 through C -4 uses along with the SIC codes, modify the PUD Master Plan to depict the footprint of existing land uses and proposed conceptual footprints for undeveloped tracts, modify the PUD Master Plan circulation system to accommodate the proposed plan, providing a maximum number of square footage of gross leasable floor area to 265,000 of retail and office area excluding the existing motel approved for 107 units and the two fast food restaurants, relocation of the existing western entrance approximately 50 feet farther to the east, and the deletion of the 50 -foot perimeter setback, but does not alter the development standards of Interchange Activity Center #9 of the Growth Management Plan (GMP). 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD has been approved at a density consistent with the allowable density in the County's Growth Management Plan, and as such will be in scale with the needs of the neighborhood and the County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The proposed amendment to the I -75 /Alligator Alley PUD will not change the list of permitted uses that has already been approved for the subject site. In addition, there are many sites, which are zoned to accommodate the subject development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. This petition is consistent with all elements of the GMP, is compatible with the adjacent land uses, has adequate infrastructure and to some extent the timing of the action is consistent with all County codes. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The existing PUD is developing with commercial uses that, at the time of this application for rezoning, include an existing motel developed with 107 motel units, an existing Taco Bell and an existing McDonald's restaurant. The subject property has approximately 30 acres proposed for commercial uses and approximately 11.4 acres for water management. Within the water management area, 6.12 acres will be re- PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY C'PUD 14 OF 18 CCPC MEETING 11-17-05 Agenca Item No. FB brua „y ; 3. 206 7 Page 1” of 203 vegetated. The site drains from the south to the north and under I -75 to the Golden Gate Canal. The elevation of the property ranges from 9 to 13 NVGD. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi - disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. The proposed change will have no affect upon those conditions. FINDINGS FOR PUD PUDZ-A- 2004 -AR -6417 PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY (PUD 15 OF 18 CCPC MEETING 11 -17 -05 Acenda Item No. 8B February 13; 20017 Page 42 of 203 Section 10.02.13 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the I -75 /Alligator Alley CPUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the GMP. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the GMP. A more detailed description of this conformity is addressed in the staff report. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. EXHIBIT "B" The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. The LDC, to assure harmonious relationships between projects, automatically regulates external relationships. PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY CPUD 16 OF 18 CCPC MEETING 11 -17 -05 Item No. 8B Fe')rua.,Y ?3. =C 0 7 Page 43 of 2031 5. The adequacy of usable open space areas in existence and as proposed to serve the development. As provided in Section 7. LC of the PUD Document, the amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Given the fact that the I -75 /Alligator Alley CPUD is currently under development, the timing or sequence of development in light of concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. In addition, this petition will not adversely impact any previous determination of consistency with the GMP. The project is also timely because the supporting infrastructure is available. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning districts. The change includes a variety of modifications to the existing PUD document including: providing to the 15 percent of the total site /vegetated area to be retained, deletion of the residential uses as a permitted use in the PUD, providing the list of C -1 through C -4 uses along with the SIC codes, modify the PUD Master Plan to depict the footprint of existing land uses and proposed conceptual footprints for undeveloped tracts, modify the PUD Master Plan circulation system to accommodate the proposed plan, providing a maximum number of square footage of gross leasable floor area to 265,000 of retail and office area excluding the existing motel approved for 107 units and the two fast food restaurants, relocation of the existing western entrance approximately 50 feet farther to the east, and the deletion of the 50 -foot perimeter setback, but does not alter the development standards of Interchange Activity Center #9 of the Growth Management Plan (GMP). PUDZ- A -04 -AR -6417, 1 -75 ALEGATOR ALLEY CPI 113 17 OF IS CCPC MEETING 11-17-05 Ag,end a item No. 83 February 13, 2007 Page 44 of 203 PUDZ- A -04 -AR -6417, I -75 ALEGATOR ALLEY CPIJD 18 OF 18 CCPC MEETING I I -17 -05 Pa`ie 10 of 205 ,r{1N,jG cam, a� APPLICATION FOR PUBLIC HEARING FOR: ❑PUD REZONE (PUDZ) ZYPUD TO PUD RLGZONE (PUDZ A) Petition No.: Date Received: 1. General Information: Plarmer Assigned: PUDZ -A- 2004 -AR -6417 PROJECT #19990293 Cozru DATE: 8/31/04 nission District: _ MICHAEL, DERUNTZ A OVE TC) BE COMPLETED BY STAFF Name of Applicant(s) Ron aid Benderson et al, Trustees Randall Benderson 1993 -1 Trust c/o Dave Gustafson at Benderson Development Company Inc Applicant's Mailing Address 8441 Cooper Creek Blvd. City University Park State FL Zip 34201 Applicant's Telephone # (941) 359 -8303 Fax # (941) 359-1836 Applicant's E -Mail Address: davemtafsou(d�bendersou.com Name of Co -Agent Robert L. Duane Firm Hole Montes, Inc. Co- Agent's Mailing Address 950 Encore Way City Naples State Florida Zip 34110 Co- Agent's Telephone # 239- 254 -2000 Fax 4 239 - 254 -2099 Co- Agent's E -Mail Address: bobduaueQhoiemoutes.eom COLLIER COUNTY COMMUNITY DE'4'ELOPMENT DEPARI'MENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. IIORSESHOE DRIVE- NAPLES, FL 34104 -PHONE (941) 403.2400!FAX (941) 643_6968 Application For Eubtic Hearing For PUD Rezone 8!29103 W' \200212(1029111VUDJ)niication 0406]1 doe Agenda item No. 3E February 13, 2007 Page 45 of 203 Name of Co -Agent R. Bruce Anderson Firm Roetzell & AndressLPA Co- Agent's Mailing Address 850 Park Shore Drive Trianon Centre Third Floor City Naples State Florida Zip 34103 Co- Agent's Telephone # 239 -649 -2708 Fax #239-261-3659 Co- Agent's E -Mail Address: ban dersoll 0ralaw.coni *Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. Complete the following for all Associatioii(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association, Mailing Address City State Zip Name of Property -owner Association: 951 Commerce Center Property Owner's Association Mailing Address 8441 Cooper Creek Blvd. City University Parr State FL Zip 34201 Name of Master Association: Mailing Address Name of Civic Association: Mailing Adchess 2. Disclosure of Interest Information: City State City State Zip Zip a, If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Naive and Address Auuiienflen For Public Hearing: For PUD Rezone 8129103 w: \2002 \2002012\PUD\Anniication 040611.doc 2 Percentage of O-wnership end: ":ten", 1\1o. S'3 hrvary 13. 2007 Paq? 4 7 of -003 b, If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock C. If the property is in the nan-te of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest 1. Randall Benderson 1993 -1 Trust 85% The Lineal Descendants of Nathan Benderson (100 %) 8441 Cooper Creek Blvd. University Park, FL 34201 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership 2. WR -I Associates, Ltd. 15% General Partner - WMR -I Inc., a Florida corn, (Wayne Ruben - 1.00% shareholder of corp.)) Limited Partner - Wayne M. Ruben 8441 Cooper Creek Blvd. Ulversity Park, FL 34201 C. If there is a CONTRACT FOR PURCIIASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract; f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Annllcation For Public Hearing For PUD Rezone 8129/03 W:1200212002012TUMAnplientlon 040611.doe 9 Marne and Address Agenda Item fro. 813 February 13, 2007 Pace 48 of 203 g. Date subject property acquired (X�} leased ():8/28/03 & 311104 Tenn of lease Y yrs.hnos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more thani one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required, Section: 34 Township: 49 5 Range: 26 E Lot: Block: Subdivision: 951 Commerce Center Plat Book 17 Page #: l & 2 Property I.D. #: Metes & Bounds Description: See Attached 4. Size of property: ±1660 ft. X ±1070 ft. = Total Sq. Ft. Acres 40.8 5. Address/general location of subject property: On the north side of Davis Boulevard in proximity to the intersection of Collier Boulevard and I -75 6. PUD District (LDC 2.2.20.4): Annllention For Public Hearing For PUD Reaone $!29/03 W: \2002 \2002012 \PUD \ATirlicatlon 040611.doc ❑ Residential 17 Community Facilities ® Commercial E] Industrial 4 Aryi'.en 1:1 item No. _'5 13. 2107 pa3e 4: JI 2'53 PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST 112 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00 °32'14" WEST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 34 FOR A DISTANCE OF 50.00 FEET; THENCE RUN NORTH 89 046'14" WEST, PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 34 AND ALONG THE NORTHERLY RIGHT -OF -WAY LINE OF STATE ROAD 84 (PREVIOUSLY KNOWN AS STATE ROAD 858) FOR A DISTANCE OF 455.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTH 89 046'14" WEST ALONG THE NORTHERLY RIGHT -OF -WAY LINE OF STATE ROAD 84 FOR A DISTANCE OF 863.63 FEET; THENCE RUN NORTH 00 °26'16" WEST FOR A DISTANCE OF 2,071.97 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 93 (INTERSTATE 75) AS THE SAME IS SHOWN ON STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT - OF -WAY MAP FOR FLORIDA STATE ROAD NO. 93 (1 -75) SECTION 03175 -2409, SHEET 6; THENCE RUN SOUTH 63 °27'12" EAST ALONG SAID RIGHT -OF -WAY LINE FOR A DISTANCE OF 146.86 FEET; THENCE RUN SOUTH 52 °20'28" EAST ALONG SAID RIGHT- OF -WAY LINE FOR A DISTANCE OF 536.53 FEET; THENCE RUN SOUTH 45 °13'56" EAST ALONG SAID RIGHT -OF -WAY LINE FOR A DISTANCE OF 645.39 FEET; THENCE RUN SOUTH 23 °17'10" EAST .ALONG SAID RIGHT -OF- WAY LINE FOR A DISTANCE OF 332,81 FEET; THENCE RUN SOUTH 02 °46'25" EAST ALONG SAID RIGHT -OF -WAY LINE FOR A DISTANCE OF 630.50 FEET; THENCE RUN SOUTH 11 °15'19" EAST (SOUTH 11 °12'43" EAST PER F.D.O.T, MAP) ALONG SAID RIGHT -OF -WAY LINE FOR A DISTANCE OF 69.56 FEET TO A POINT LOCATED 275,00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 34, AND A POINT ON THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 699 AT PAGE 1723 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89 °46'14" WEST, PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 34 FOR A DISTANCE OF 157.32 FEET TO A POINT LOCATED 300.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 34, AND A POINT ON THE EASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 588 AT PAGE 1805 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00 °32'14" WEST, PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 34 FOR A DISTANCE OF 124,87 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST WHOSE RADIUS POINT BEARS SOUTH 12 °00'29" EAST THEREFROM; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 224.66 FEET, THROUGH A CENTRAL ANGLE OF 78 °31'45 ", SUBTENDED BY A CHORD OF 284.38 FEET AT A BEARING OF SOUTH 38 °43'39" WEST, FOR A DISTANCE OF 307.92 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 00 °32'14" EAST, PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 34 FOR A DISTANCE OF 102.63 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE NORTHEAST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89 °14'00 ", SUBTENDED BY CHORD OF 35.12 FEET AT A BEARING OF SOUTH 45 °09'14" EAST, FOR A DISTANCE OF 38.94 FEET TO THE POINT OF BEGINNING. CONTAINING 40.79 ACRES, MORE OR LESS. Anitlicnfion For Public Renrine For PUD Rezone 8129103 W:\ 2002 \20020121PjJVAtilAicntion 040 (oi7.doc I 7. Adjacent zonine and land use: Zoning N N.A. S I -75 Collier Blvd. PUD E C -4 W East Gateway PUD Agenda Item No. 3B February 13. 2007 Page -50 or 203 Land use I -75 road right -of -way Vacant Gas Station and vacant fast -food restaurant Vacant Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No. Section: Township Lot: Block: Plat Book Page #: Metes & Bounds Description: Range: Subdivision: Property I.D.#: 8. Rezone Request:_ This application is requesting a rezone from the PUD zoning district(s) to the PUD zoning district(s), Present Use of the Property: Motel and two fast food restaurants Proposed Use (or range of uses) of the property: Non - residential Original PUD Name: I -75 / AllijZator Alley PUD Ordinance No.: 89 -82 9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request, Narrative provided in cover letter for application. Application For Public Hearing For PUD Rezone 8129iO3 W; \2002 \2002012 \PUD \Arriicatiotn 040611.doe 6 �"Clellr�a Hem WO. 33 - ruary ? 3. 206 i Page 5" of 233 PUD Rezone Considerations (LDCSection 2.7.3.2. S) 1. The suitahilio) of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, server, water, and other utilities. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are rrnt to be provided or maintained at public expense, Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. The internal and external compatibility ofproposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. S. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such, reg-trlations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations, 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 14. Previous land use petitions on the subject property: '1b your Imowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre- application meeting. A[lpiica #ion For P"We Hearing For 1`111) Rezone 8/29t03 w: \2002 \2002012\rUD\Appiication 040611 aloe 7' a. A copy of the pre - application meeting notes; Agenda item No. 8B February 13, 2007 Page 52 of 203 b. If t1-As rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalm /Water Sewer District, if in Iminokalee) of a 24" x 36" conceptual site plan [and one reduced 8' /z" x I I" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet,. depicting the following [Additional copies of the plan inay be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; • all existing and proposed. structures and the dimensions thereof, • provisions for existing and /or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), • proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. d. An Environmental Impact . Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. c. Whether or not an EIS is required, tivo copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted, Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre - application meeting; h. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting); Annlication For Public Heartr}g For PUD Rezone 6129103 w,120 0 21200 20 1 21PUD1ApplicatiQn 040611.doc r-.,0.yruary 13, =057 Page 53 Alry additional requirements as "nay be applicable to specific conditional usescand3 identified during the pre - application meeting, including but not limited to any required state or federal permits. j. An electronic version of the PUD on a disk as part of this submittal package. k. Boundary Survey, no more than six months old - LDC Section, 2.7.3.1.2.(8) Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately. Land Use Petition Continuance Tees: Two days or less prior to meeting = $500 Requested at the meeting = $750 Additional required advertising charged in addition to continuance fees APnlicailon For Public Hearing For PL1D Rezone 8129/D3 W :12002120020121PUD%Annlicsition 040611 doc Agenda Item No. 85 February 13, 2007 Page 54 of 203 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST 1 . NAME OF APPLICANT: Ronald Benderson et al, Trustees Randall Benderson 1993 -1 Trust c/o Dave Gustafson, Benderson Development Company, Inc. 2. MAILING ADDRESS: 8441 Cooper Creek Blvd. CITY University Park STATE FIB ZIP 34201 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 311 & 41050 Yarmouth St., 185 Joyrose PI., 77 & 185 Bedzel Circle & 8831,8835, 8845 & 8875Davis Blvd. 4. LEGAL DESCRIPTION: Section: 34 Township: 49 Range: 26 Lot: P -1, 2, A Block: Subdivision: 951. Commerce Center Plat Book Page #: Property I.D. #:_21785002807, 21785001507, 21785002001, 21785001002, 21785002056, 2178500252, 2178500207, 21785002027, 21785000058 ,21785000210,21785002302 Metes & Bounds Description: see attached 5 . TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM b.. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PACKAGE TREATMENT PLANT ❑ (GPD capacity) e. SEPTIC SYSTEM ❑ 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ❑ c . FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PRIVA E SYSTEM (WELL) ❑ Annlicatinn For P011c. Henrine For I'UD Rezone 8129103 VV:1 2002 \2Q�i2012\PUD1Anplicntion 040611.doc 10 a,' ei't iIv 73 r J. February 13. 20(57 rage J` 203 . 7. TOTAL POPULATION TO BE SERVED: 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK 55.500 GPD AVERAGE DAILY 37,000 GPD B. SEWER -PEAK 39,750 GPD AVERAGE DAILY 26,500 GPD- 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the .method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data acid soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility casernents for serving the water and sewer systems. 12. STATEMENT Or AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre- application meeting, if the project is to receive sewer or potable water services fi•om any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utititp PI'OV1S1011 Statement RAI 10/17/97 Application For Public Hearing For PUT) Rezone 8129/n3 M ':12002\2002012\PUD\Anplieation 0.30611 doe 11 a Agenda Item No. 8B February 13, 2007 Page 56 of 203 UTILITY DESIGN CALCULATIONS I- 75IAlliytor Alley P.U.D. DESIGN DEMAND FLOWS Sewer 265,000 s.£ Shopping Center (without food or laundry) = 0.1 GPD per s,f. floor area 265,000 s.£ @ 0.1 GPD = 26,500 GPD Total Estimated Average Daily Sewage Flow = 26,500 GPD Total Estimated Peak Flow = 26,500 x Peak Factor 1.5 = 39,750 GPD Water Water Demand equals 1.00 times sewage flow Water demand = 1.00 x 25,000 to 37,000 GPD, depending upon possible (permitted) food scivice uses. Total Estimated Average Daily Sewage Flow = 37,000 GPD Total Estimated Peale Flow = 37,000 GPD x 1,5 Peak Factor = 55,500 GPD Apollention For Public Hearing For PUD Rezone 8/29/03 W: \2002 \2002012\PI)D\A.unlication 040611.doe 12 4oenda .:err; No, �'B Fe. -nary 31. 2097 2103 PUD REZONE APPLICATION C''aa° Ji oil SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST is TO RF. CTTR1k4TTmmn Xvi rTS A T,nT T!'i A IrTr- T REQUIREMENTS I i Li r A # OF 1 LA.N-- , -C'}-A JLUlN J AL.1Lr/ 1 I NOT COPIE REQUIRED REQUIRED S 1. Completed Application /PUD documents 24* 2. Copy of Deed(s) and Iist identifying- Owner(s) and all Partners 2* if a Corporation 3. Completed Owner /Agent Affidavit, Notarized 2* 4. Pre- application notes /minutes 24* 5. Conceptual Site Plans 2 6. Environmental Impact Statement - ()CIS) 4 7. Aerial Photograph - (with habitat areas identified) j* 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement - (TIS) 7 10. historical & Archaeological Survey or Waiver Application 4 11. Copies of State and /or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. ❑Application Fee — "PUD Rezone'' = $10,000 + $25 per acre ❑Comprehensive Planning Consistency Review = $2,250 ❑ Application Fee — "PUD to PUD Rezone" = $8000 Fire Code Review = $150 EIS Review = $1600 Check shall be made payable to: Collier County Board of Commissioners 14. An electronic copy of all plans and documents on a disk as 1 art of the submittal packet. 15. Affordable Housing Density Bonus Agreement including all 4 Appendices and Exhibits. 16. Boundary Survey (no more than 6 months old) 5 17. OTHER REQUIREMENTS: i — OCUI gilts xoquucu iur Luug -xange Planning Review *1 additional copy if for affordable housing As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Agent /Applicant Signature Date Apnlicntlon for Public He-irhie For PUD Rezone 8129/03 13 Al i- �ck-Y- AHcy AFFIDAVIT Acenda item Silo.. 8B February 13., 2007 Page 58 of 2G3 We /1, _DAVID H BALDAUF, Trustee under Trust Agreement dated September 22, 1993, known as the RANDALL BENDERSON 1993 -1 TRUST; and R"AYNE M R UBEN, an behalf of Tf,R -1 ASSOCIATES LTD, being first duly sworn, depose and say that well an /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize _HOLE MONTES _ to act as out /nay representative in any matters regarding this Petition. Signature of Property Owner DAVID 1-1 BALDAUF, Trustee under Trust Agreement dated September 22, 1993, known as the RANDALL BENDERSON 1993 -1 TRUST Typed or Printed Name of Owner STATE OF FLORIDA COUNTY OF MANATEE owroneriv Owner 1fjA )WE M. R UBEN, President of 97MR -1 INC., General Partner of WR-I ASSOCIATES, LTD. Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this _7 9 day of 2004,b DAVID H. BALDAUF, Trustee under Trust Agreement dated Seotte � ein er 22, 1993, known as the RANDALL BENDERSON 1993 -1 TR UST; and WAYNE Al. R UBEN on behalf of WR -1 ASSOCIATES, LTD who are personally known to rne. Notary Public - State o�.Y Py gllcia N, Gayton\ z My Commisslon DD186658 EVIres Mamh 31 2007\ M 1642 1C 4oiay4 s�l� �� 8998604 uolsslw11O� � ��� uot�a� >� a�lro A erica ;'em No. SE3 =:b'uary 13. '1007 Pane of 2,03 TRAFFIC IMPACT STATEMENT (TIS)• A TIS is required unless waived at the pre - application meeting. The TIS required may be either a major or minor as determined at the pre - application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less.. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: Trip Generation: Annual Average Daily Traffic (at build -out) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right -of -way) such as providing or eliminating an ingress /egress point, or providing turn or decel lanes or other improveincrits. G. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growfih Management Plan (GUP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above. (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. P1armed /Proposed Roadway Improvements Aimlication !'Or Public Hearin For PUD Rezone 8129103 1P:12 0 0 212 0 0 20I2 \PUMAnplication 040611.doe 15 Acenda Item No. 6B r February 13, 2007 Page 60 of 203 6. Proposed Schedule (Phasing) of Development TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: 1. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) iii conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. Trip Assiunment: Provide a reap depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing Traffic: Provide a reap depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOST: The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCB of the GMP. B. Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas, a) an area as set forth below; of, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS. "C ". Land Use Residential Other (cormaiercial, indust 0 - 49, 999 Sq. Ft. 50,000 - 99, 999 Sq. Ft, 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft 400,000 & up Distance 5 Miles or as required by DRI -ial, institutional, etc.) 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS shall provide the measurement in road miles fi-om. the proposed project rather than a geometric radius. Applicit.ion For Public Henrine Fur PUD Rezone 8129103 yV: 12002 \20020121PLSD�Analication 040b11.doc 16 February i 3. 2007 6 . Intersection Analysis: An intersection analysis is required for all intersections witluraiGtl3e �I31 where the sum of the pcalc-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). 7. Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided, This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteri stics, 8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUB) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Through Traffic: At a minimum, incrcascs in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well, 10. Planned /Proposed Roadway Improvements: All proposed or plarmed roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Project Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule maybe made a condition of any approval. NOTICE: This application will be. considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezolung for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the then current code. (LDC Section 2.2.20.2.3) j)piication l:or Public I eRrilig For EVD Rezone 8 /29/03 w: \2002 \20026721PUD\Anttiication 090611.doc 17 Book 2787 - Page 1684 •t 1 Dut.loat` G. Brown 11. 0, Lisa 1089 f ireem inn, SC 29602 P irccl I.D. Numb= Agendaftf;p IcbPP 1 1 � A� p_ e� ge 2 f 203 �, age e�2 of 203 2760348 OR: 2787 PG: 1684 ftgC NID to MICIL HOW of C01.IIt ctt=' ib 4114!l2D0I di 01:00W 011W t. NMI, 11139 CM 7.100"D.04 uz III IR -n POW SPECIA�.L. W&RRANTY DELI) 101 1 NRNIM 8f Al l0l I [llgOF oiQC li)00 S4 Tisalt n 1301 ThN lndt•ntttrc. rnttdc thi. � , dat• c tf t J _r K 2U111 A.D., l�t�tceti'i'. Walter lim hirr a rinUent of the Coo ry of (mmiville. Stats:. of South Cansltna. gramor ; "(irstntnr "; ;uul ftunnld lictuicrsun and Divid 11. lialdauf as • l'nisteeq undor a Tnt a Agrcctnvot chat ticlitemister 22, 199.1, known a, tits 11:utdall lic•ndvr4mi 11193 — 1 't'rut:r as a tenant in Cc MMOn %ritb an undividt d 85° i, interest and W11 -1 .�s ttseicttcs, Ltd., a l•loridn htmtcd partner. hip, :t:" a tenant rn cornmon %0rh ail utidividc•d 1 :5° 11 interem ( "GrantLt, "). whosc address is, 510 Ddwa•are Avenue, titttfahs. New York. 1-12}2, Witnc:tseth than the GRANTOR, for attic/ in oinsidtrttitsn of the sum -if ...............TEN DOLLARS (610,10).._.... lit tl.l..lkw, and otlirr valuable considenuitrn, rC'ct'ipt tft wifich Lt llcreby acl;iltfkl {l'Cli'vd. ltetcb l,*mnm. bargitios. xu16, rani es, conccv.s and t; ni irtnK %ante; rile C►r mwv all that ccrt;un land simare in (;ttllier t ounn•. MoHda and more parriculativ describW tsst l:xhthtt attached beret[) and made a Part hsarcnst. There is exptessively excepted from the warranties hettin contained, all easements and reatrictions of record, if arty, and Ad Vatlarctn real property taxes for. the near 201 and subsegmnt vears. TOG !:'11-11:It %%*h all tcrierna rts, licreditaments and appurtmancetr then•tts 1whulging ttr anywise -Appertaining. TO }•1. VY" AND '1'(71•!OLD, the same in fc.^c simple furevvr. %Y'ith raped to tlla intvreKt, (if llcanald bendemon and Dm id H. lialamd, as Trustecx under a Trust AKruetnent dared September 22, 1993, known n:: the ltanthtll lkmdersctn 1993 -1 '['runt, purt:u:int to Set lon 689.471, Florida tittttut" 11991). nich Tru4tkvs :lsall have tlic power either to Protect, cunscr c and to sell. and to (c -Asc, mcutnbs•r of utltc r.L7sc to njcrtsage and dispo (if tine real prt pup convened hcrebv. '7'lte Propterry conc•crcd herein it, nut tlu: Litiincmvad 1st Gra wor in that it is; r;tc;utt land and ncYither the Grantor nor (]it! (ir:trttur's ticPctidtttttx rc tides tl.)rrcon, AND the Grantor hcrcht• covenants with sa'tti (ir:tntec• tlt;tt the [lrstut�st t� Litz fttli� ;:cizcd ol"..ud lrutd in fcv sinmpls:; ;md tisat tisc (xranutr 1W$ ,Qs,txl s[tul IWA-16 unlionry to s�cll and conveet• ,-6d hwd; and the C intntor licrubt' fttlh• warrtnntsc tlic ritic t„ :and Lint! and will defend tht: sartsc ay,ainst the latt•1•al claims of all Pcr.;sun:: datrrting lrc, throupb or under thr (;rancor, that said land is tree of all encumlirast, cx. C\Qf'rt raxcs .tccruit-g subsct.lut:ttt to 1)ccetriber 31, 2 M, ,,nd zoning, buikfinit cods and uthcr restricdon4 impnr.GS1 br governmctiml nuthorin•, PUDZ -A- 2004 -AR -6417 PROJECT #19990293 DATE; 8131/04 MICHAEL DERUNTZ htLp:/ /www.collierappi-aiser.Gom/viewc tr /Image.asp? 2/12/2004 Book 3385 - Page 2374 Apen:J'agz-j11,zf B rebruary i3, 21 7 ge63o'2 3 2— 325,1062 01*4 333e5 PG: z3, am= u o mail!, nem of COLU11 ( "16212103 at 11 :1 ??K KM 1. Ma, Cl 1 If.)R ]fir ktttt ClI1= Wo i>11dR C> tilt i LW D11i'CI>iT It Rot SPECIAL WARRANTY DEED THIS INDF.NTt!RF.. made day of �~ j__')2003. hemcr t RACETR PETROLEUM, INC.. a Georgia corporation whose address is 3 Technology Court, Smyrna. Geta 30092 (hereinafter referred to as "Grantor"), and Ronatd BendersDa and David t[. Baldauf as Trust trader a Trust Agreement dated September 22,1"3 kv*wn as the Randag Benderson 1993.1 Truss Truafee under Land Trust Agreetatent dated Ault lid, 2003, as a tempt ia:comrtaoa with an u"vi 65% interest, 570 Uelawant Avenue, Buffalo, New York 14202. and WR -I Assaeiates, Ltd. as a txmm common with an undivided 115% interest, 8441 Cooper Creek 13outevard, University Park, 'rL 34: (hereinafter referred to as "Gruritee") {the words "Grantor' and "Grantee" to include their respective sueces; anti assigns when: the context requires or permits). W11NE- H.T1J.THIkT• GRANTOR, in consideration of the sum of Ten and No/] 00 Dollars ($ 14.00) in hand pai and Worse the scaling and delivery of these presents. and other good and valuabie consideration. the roc, and sufficiency whereof are hereby acknowlexlged, has grattted unto said Grantee all of that property rr particub.rly descObed. in ExhiM"N.". � attached hereto and incotportted he-min by this refemice. together 3 all improvements located on the property shown on Exhibil "A "; {the real property described in bit` shall hereinafter be colioctive)' TeFeMed to as the "Property"). Notwithstanding anything contained here! the contrary, the Property is conveyed subject to throe maliem set ftxth on l .xhibit„ "B ", attached hermam this. reference made a part hemtrof. GRANTOR spec'! Fwaliy disclaims ali rcpre:,entatkms,and warranties, either expm..ss or 'imps mgading the Contract Property or the compliance of the Contract Property with applicable fedora[, stag local statutes. ruies. regulations or ordinances, The Property is conveyed to Grantee "AS lS ",'VnTH .4 FAULTS". without guaranties w warranties of any kind, express or implied. except as to Grantors l'trn warranty of adc, GPWME assumes all liability and responsibility for and shall indemnify and hold Gran and its officers. directors. emplove%!s. shareholders and agents harmless from and against tiny and all clai http:// www. colliei-appraiser .com /viewot-/lmage.asp? 2/12/2004 �n � wi m 41 `- rcrsst,d ny ucncraj cou"d Ramm NtrPI um Lm no le:hH[f1ES9')' Vmn 51rtyrW CJA 10W1 Apen:J'agz-j11,zf B rebruary i3, 21 7 ge63o'2 3 2— 325,1062 01*4 333e5 PG: z3, am= u o mail!, nem of COLU11 ( "16212103 at 11 :1 ??K KM 1. Ma, Cl 1 If.)R ]fir ktttt ClI1= Wo i>11dR C> tilt i LW D11i'CI>iT It Rot SPECIAL WARRANTY DEED THIS INDF.NTt!RF.. made day of �~ j__')2003. hemcr t RACETR PETROLEUM, INC.. a Georgia corporation whose address is 3 Technology Court, Smyrna. Geta 30092 (hereinafter referred to as "Grantor"), and Ronatd BendersDa and David t[. Baldauf as Trust trader a Trust Agreement dated September 22,1"3 kv*wn as the Randag Benderson 1993.1 Truss Truafee under Land Trust Agreetatent dated Ault lid, 2003, as a tempt ia:comrtaoa with an u"vi 65% interest, 570 Uelawant Avenue, Buffalo, New York 14202. and WR -I Assaeiates, Ltd. as a txmm common with an undivided 115% interest, 8441 Cooper Creek 13outevard, University Park, 'rL 34: (hereinafter referred to as "Gruritee") {the words "Grantor' and "Grantee" to include their respective sueces; anti assigns when: the context requires or permits). W11NE- H.T1J.THIkT• GRANTOR, in consideration of the sum of Ten and No/] 00 Dollars ($ 14.00) in hand pai and Worse the scaling and delivery of these presents. and other good and valuabie consideration. the roc, and sufficiency whereof are hereby acknowlexlged, has grattted unto said Grantee all of that property rr particub.rly descObed. in ExhiM"N.". � attached hereto and incotportted he-min by this refemice. together 3 all improvements located on the property shown on Exhibil "A "; {the real property described in bit` shall hereinafter be colioctive)' TeFeMed to as the "Property"). Notwithstanding anything contained here! the contrary, the Property is conveyed subject to throe maliem set ftxth on l .xhibit„ "B ", attached hermam this. reference made a part hemtrof. GRANTOR spec'! Fwaliy disclaims ali rcpre:,entatkms,and warranties, either expm..ss or 'imps mgading the Contract Property or the compliance of the Contract Property with applicable fedora[, stag local statutes. ruies. regulations or ordinances, The Property is conveyed to Grantee "AS lS ",'VnTH .4 FAULTS". without guaranties w warranties of any kind, express or implied. except as to Grantors l'trn warranty of adc, GPWME assumes all liability and responsibility for and shall indemnify and hold Gran and its officers. directors. emplove%!s. shareholders and agents harmless from and against tiny and all clai http:// www. colliei-appraiser .com /viewot-/lmage.asp? 2/12/2004 Book 2430 - Page 1495 r . 3�1lattia. 236�'?� tsifjz+�xtr PREPARA•i GNONLY WIZ"b OUT OPINION WARRANTY D►EM Agenda V Februar l3. �2' 7 Page 64 of 203 M2901 OR- 2430 PG: i q 9-5 no= b a cm " of coc 1 r /il133S1 at MUM Mm L a=, = I w m %a: owiw= fil Z , m" ftw 1 n wa T IIS WA '.ANTY 1 tttidc the !.•- day of . �,, v +� .1958, by A do - VdAck Ports Cram my, a Ktuuxy Sao, bmcLuow CWW liac MANTO& to 951 Cum2xx= Ccni Prop coy Owsxasi Asian, wbwwpost office a ddma is 7 Spesti Drhrr, Cnvftox4 ICY 43017, haekw3ct calm the GRANTEE (%ttsYastx' used bcts n the arm "ps ce end "graMe indu& all the Putits to this i= cMmv=A y asad d3,-. fps, hSA aept=uMJSUV s and usszgxs of the iD&ViduRls, AVd the suat100M aid =Sim WrM sSMrH: That t w gCAEl+nr, for aud in csoatdctatsatt of tlr,-. mmk of StO.00 uW soils, a1 s;, mmlissm=I=Sr., oortveys aed arras unto the P=tcc, an The tcrwn iamd shunt. � �ltitx' Ccturiy, l�iprida, vim i Traorts A do 1L, 451 C=mem Cc V=, in 2nrdm= with mvl sllbmO to 11be Pbu dv=cf as rcau3=d in P WA Rook 17, pnm F and 2, of the Puislic PU=4dr, Of CzUkr Coarrty, Rkwhk, ttss tbme kwWs c=mycd by Dwd racorded ut OR BwA 29U, Aagc 2377, of the PUU' c PWOWS of COMM Cauut3•, Flmisia. 2172SM2056 snA 20850M, 302 L TOO K with 231 tl= tcww=ft hm-ditmwas and Mraimu=.s a=tlo bc10s9A* in movic qpawltins. TO HAVE AN13 TO HOLD dw ssstae in fee Sim* #nttm. AND tiro Vwawb=tby caves WAh said Po t e Omd the F=%wr is iawfutly M=d of xaid l d in fcc 4 that the grantor hn Pod rWbt aril lawfW atttl=ty tv WU sad survey aid UW, dug the gtaaw b=tty €ulV vvaEUMU then thk to sold Ind wd will de€md the sacwC rmimg floe lxwfW tiaras of all patatms whomwe+ver, :ud that said land is fi= of all cww*vwoc:s, =ccypt t accxtxhV sa6wTjem to D==ba 3l, 1997; MiW, building Dock =d otfwrmftkSum imposed b y gavcxurssrattycl amity sari tbusc nsamkxs sct os oa Exba"bit Oe aftcbrd l td Md Hared-- a pert i=wt http:// wwvA ,,.collict•appraiser,com/viewcr /Image, asp? 2/12/2004. Book 1,562 - Page 1875 Page February 13, 2007 age 53 5 o f 2'03 ..-iAiAk**AWvV cilia Hidi"t I.Ti ti MT -2 -Tigilki trail if �rloridij- 393 PanyA - 6, 33940 'COLLIER COUNTY RECORDED I* Wi b U Felt %WM br.,*. T.k. Coleman# MU&eat Title a uaran t am . - OR BOOK PAGE hw%Qor4=y'of Florida, 3936 Tamiaml Trail -Northp, hliples., FL 31940 , PROAM -in __u_xwit%ry Stijnp Tax njunction. with the itaisance of iitllt cc Received Ail C64 "G' In2arl@ible P=vW MPW=& tPoW fWAM ?WPWdy Tax WL CLERK OF WUMS "ftifto) 8,0OX a lie D.0 6 6 0 Jig- Ut" lxw :Ull MR 00MON" CAM 'a jvu�!; • �i ec�,; ro PRM Veft*. Pted 44! - a,ttiq VAN' Uteri ih . W J, L), 19 75 Alligator Alley Developmmt, - Inc. ;'!d Pil'I'M af—m- IND um rxtjflna IJ14f+ IFW low* 04 Ilarids'.. and 6,;ing jii,'PAn 6�ajn#jg ja 415 IGtb* Avenge SoLith, Net :M.33940,cib Harry P. Wing t, us H4,tonald's Corporation.d/b/A McDons,34's Corpo� i�ation "D."ra Company LA�Q'lr Putaffice' ;.4drm office Boi 66207....IM Iihic 'XI.Jitjoil; 1"nalivr eaIW the grantows Olden �n N4' "P_UsX"' of t;= -0 IM NAPA W OF and An caftaw'h lion. at jr4lij) Wj�t"af.jit hq4alk' fjWSW Mirni I 7da" Craig. &""U' im'gn' MV6�i* convey.. and 16t Verw4 amid sit"If in cdi-lier TV418h i", 'Lot I of 951 Camerca-G jp4g SMittlh,�- entery Range 26 rkat, -CAIier,C6Unvt*' _Plbi�"Igj thetedU r"bxd6d Soak 17 at pages in I and 2of tWe PuKic Reacras of coniir t f" MIA 41U 16 1]% &ry• is Wa ofantet Ikat'n '4 I4WIUffr'AIqzMd-*I S I"J. IM 'reo grantor CVV#qWn k iW AW aide lit 6i Illibl, aw 601"t Guilwaty to *all Wj Warway sad:6A. 16t it 4W-6iJLjIx"_W- " o6 A - 14 to seed arid: &A del" sata* aiwito 16 6.�ful I to December 31, tpt.taxes accruing subacqUant 'A'W ?AA bd to bw of I in the Frawar hw cdumd L6" PMA"MIN, to I* li"tcuwa iA AU na'4.i;ij'jU 4. rpa" A*dI is 6 Its Aldo), and yftrfjrgt 4.bGV*'W!nIjIM 75 4 4111gator AlITY W%velOPM61ILP Ima- Rar F. hadimsha rlbrldc . L . imtic IN Collier ER LINTY Xft :t MIAM C113"Ity Us -in. Wr— ,.... ...4rr.; OW, _4.1'.4 1. Lk-. S. w "4 vN,.w.W w a6 Harr). P. Sadiughaua lu- 16, aw6l.'4 14 0. C—h %W Alt* Iw k—.w L VL littp://,A,ww.collicrappralser.com/viewei-/lmagc.asp? 2/1212004 Boole 2,559 - Page 1831 This instrwrjent prepared by and return lo: Wilhelmina F. Kightlinger, Esq. Rudnick & Wolfe 101 Vast Kennedy Boulevard, Suite 2000 Tampa, Florida 33602 Property Appraiser's Tax Folio No, 0000021785000207. Agendap § Jib February 13, 21 P ge -R, of 203 j 2492490 OR: 2559 1 t l; 3 RBCDUID iD QYIICIAL HCOM Of COLT 06 /1611999 at 01 :15H DVIGY R, U01 CDR! &8C DOC• Retn: iDDUCX i KOLF1 101 is XBRUDY BLVD WOO 1ANH It 33642 9123 SP>D't"'1A.L WARRAD11 Y I?EED THIS SPBC CAL WARRANTY DEED is made as of the day of June, 1999, b between T. WALTER BRASHIER, whose mailing address is 252 South Plea santburg Drive, SA, ,Cszeenville, South Carolina 29507 (hereinafter referred to as the "Grantor "), and TROM AND COMPANY, INC., a Florida corporation, whose mailing address is 1720 El Jobean 3 Pots Charlotte, Florida 33448 (hereinafter referred to as the "Grantee "). )'ITNEaa ETH: '£he Grantor, for and in consideration of the sum of Ten and No /100ths Dollars ($10.0( other goad and valuable considerations, the receipt and sufficiency of which are h acknowlcdgcd, hereby grants, bargains, sells, conveys, remises, releases and transfers un[ Grantee, its succemrs and assigns, all that certain land situate in Collier County, Florida, morn described as follows (thc "property "): See l,� it "A" attached hereto and made a pan hereof, which Property is sub}eot to titosernatters set forth on &�ciltil -Lt "B" attached hereto acid hereby made a part hereof (the'Termitted Exceptions "), TOGETYMR with all the tenements, hereditaanents and appurtenances thereto belongi in anyvrisc appertaining. TO HAVE AND TO HOLD the same in fce simplc foirever. 'rheGmntx dots hereby covenant that Grantor (i) is lawfally seized of the Propervy _ simple, (ii) has good right and lawful authority to sell and convey Elie Property, and (40 warran' will defend the same against the lawful claims or all persons whomsoyver claimins by, duou ....,.i— 4— r—,—+-- 1 * ----+ +.'a.+,. —6,—r e,ri.;,an+ e„ 4..a Ids, —;1t" TIw,- a,»t;n"& 11tH': / /www,collierai)praiser,coin/ viewer /Imagc.asp? 2/12/2004 Book 2011 - Page 2377 A.gencVagm 1vof8B February 13, 2007 ag° JI of cam' t 203 1987630 OR; 2011 PG, 2377 HCOLVID is 0IIICA6 "OOIDr 0( CDUHI courI, n 1211004 at 91;I1a May I. 1t=, CL111 ewrs 522021.0t etc nI 11.99 W -.12 3526.01 tatat — WARRANTY DEED via ? i & hill Aa 10d rn t THIS WARRANTY DEED made the :7 day of Demuber, 1994, by 75 & ALLIGATOR ALLEY DEVEWPNSW, INC., a corporation existing under the laws of the State of Florida, having Its principal plow of business in Collier County, in the State of Florida, and hmw Iy mithor zed to transact bu>sinm in the State of Florida, party of the first part, and B & G REALTY, INC., a corporation existing under the Isws of the State of %cousin, having its principal place of business at 25D Fast Wisconsin Avenue, 27th floor, Mlwaukte, Wisconsin, party of the second part. W11NESSE -M Thai the said party of the first part, for and in consideration of the sun of $10.00 and other valuable eDwide7aiion% to it in neared paid by the said party of the second P4 the MXipt whereof is hereby wknowla4pd, has Vanted, bargained and sold to the said party of the swoW part, its successors and assigns forever, the following described lend stu=c, lying and being the County of Collier and State of Florida; to-kit: http ; / /www.tolliei-al)pi-aiser.com / viewer /lmage.asp? 2/I2/2004 The Soutliaiy 214 axes of Lot 6, 951 Commerce Crater, according to the Plat th mfz as recorded in Plat Book 17, Pages 1 and 2, of the Public Records of Collier Conroy, Florida All of,nud parcel lying in the East 12 of Section 34, Township 49 SoutI4 Range 26 East, Collier County, Florida, bring more par6cu arty described as follows: Cotrunertcc at the intersection of the Northmly Right -of -way Iin of Bcdwl Circle anal rile Easterly Right -or- -Way line of Bedzel Circle as shown on the Plat of 951 Commerce Center, a000rding to the plat tfrerxog as recorded in Plat Rook 17, Pages 1 and 2, oFthe Public Records of CuldicrCoutty, Florida; dim= along said N Raste iy Might -of -Way lime of BW=l Circle, South OD01346" Wed a distance of 62.78 fett, for a Point of Beginning; trance continuing along said Easterly Right. of -Way line, South OD°I3'41i West a dlstaace of 407.22 feet, to a point of < ar ahae; thence 196.35 feet along the arc of a calve to the right having a radius .. of 125.04 feet through a central angle of 90°WW' and subtended by a dwrd Which tzars South 49°I3146" West for a chcnd distance of 176.78 fens, to a point 'e of tangency; thane along the Southerly line of Lot 6, South 8914614" East a o disw= of 177.53 feet; titerice along the Sox amntaly lints of Lot 6, 160.45 feet i° fd along the arc of a cutrve to the right having a radius of 224.66 feet thrtwgh a caural angl- of 411°5510" and subtergled by a chord which bears North 57°31154" # Easi for a chord distance of 157.06 feet; thane along the Eastaiy Iine of Lot 6, North 00°32'14" West a distance of 447.42 fed; th= along a nrcw line of division thmugh said Lot 6, ),forth 8914614" West a distance of 178.72 fed, to the Point of Beginning. http ; / /www.tolliei-al)pi-aiser.com / viewer /lmage.asp? 2/I2/2004 a5/23/2DO3 14:00 9417322585 t7al 41/ ZV0C 11-.41 741l�aL�tJS CC ENG PLAN ROOM Age -, ida t: . ,� rr ruH+� r�u�tri Bi3(UafyNC"r Page 68 of 2103 7;A rfAUM COUNTY PUBLIC UTILI S DIVISION_ 3341 E. Tamiauu Vail IF Naples, Pl•trida. X4112 • (259) 732.2575 • BX (139) 732 -2526 May 23, 2003 RE- SUBMITTAL PUDZ -A- 2004 -AR -6417 PROJECT #19990293 ED le Montes DATE. 5111105 950 Encore `Fay MIKE DERUNTZ Maples, FL 54110 Re.. 1.75 ,Alligator Alley pUA Water aad Wast* attar .P,vailabzlity Dzar I& Neal: 'Water and sewn service is available for the above xeferml:ed project via existuzg lines along B--di r.1 Circle. A. master meter ahall be required for such £aci'iiti-:s as rental apartments, shopping centers, strip mails,, high zise condowiniums, rearreatioual vebk a pares, nioWt home paxlts or any other multi - family projects that caj=t or do nct provide the rewired CUES paralleling a rypical single family street cross- sectjon or any caller project that does no ccsmply with oT raeetthe jntetrtion of Ordinance 2001-57, as amended or stzperceded. If this project is not to prwvidc, the rewired CoD;,zr County Utility Easements (CUES), all water and sewer fadli'iies shall be owned and zr: sintained by the c wngi, bis successors or assigns. Tf this project is to provide the squired CUES, all water and sewer facilities shall be owned and maintained by Collior County Put iic Utilities. Ti4-in to water and se~war lines .shall be rnacle af= subuussion and aPPzvv'ai of the hydraulic ca.oulatimi& by �E tlgtzerin; review Services, showjn� that the dovmstremn syste= are adequate to handle the i=rease in h ow. The Disfrict will be zuai;dz g phased expaasir3ns to the aster supply, treatment and transmission facilities and sevvage tr=uiissiou, treatmett and disposal facilities strzvicing the area iii question and other areas o£ the Cauaty, has83 on damauds within the system acrd other binoiz�g con mkrii=ts. These ecpansi,onks should provide sufficient capacity to supply the refmnaed property's antkipated yotable water and sewage treatment =d disposal d ==ds anal the remainder of the Di.:ttiot's co vmittod capacity. )Iowever, no guarantee can be issued that other devetopl'mants throughout the District will V:JEnPJnverst6 i'al¢��tivrlLtiMli`r /A�nNibi7ily SCtlbo 4/"y!\ 4' 05/23120073 14:30 9417322585 Mr. Jerry Neal, P.E. May 23, 2003 Page 2 CC ENG PLAN ROOM - ',zlieiica Ik gLE� c,023 w uw i uKi7 i�u�re F- 1)fUax��.��i. uot have an impact on the quantity of poWile water and sewage treatmwt and disposal capacity available to this propevl r until each phase has receivers a commitment for sarvim Connections are also subject to the availability of water and sealer capacity at the time formal applicadflm is received. Should water s<<pply or sewage treatment and disposal capacity tot be availzbie, the Developer would 'Im requixed.to provide an inter mews of water supply and =atmeat and sewage treatment xud disposal until the Di.atziefs facilities have the adequate capacity to serve the :;iraject. Please note that any and all improvements that 3, Ott construct most be in accordance witb all applicable ordhimcos and policies, inolading 9 he payrneat of impact fees. Should yon have any further questions, please fea:1 free to oontact me at 1339) 732 - 2575. Sincerely, Barbart A. Olko r ministx -.Wve Assistant c: Diane Dcoss, Utility Billiva & Custom= 5 ervice Wes HM, Bngueering Services Heather Swe:t,13tii Billing & Customem Service GifF�. yuurm� 'iucr✓Avolie�:y�AV,[bbi�ip� ion:. UNITED STATES POSTAL SERVICE March 9, 2005 Robert L. Duane, A- I.C.P. Hole Montes Engineers 950 Encore Way Naples, Pl. 34110 Letter of no objection, I -75 /Alligator Alley PUD, Age' AA It- N a Page 70 of 203 RR- SUBMI'T'TAL PUDZ -A- 2004 -AR -6417 PROJECT 419990293 DATE: 5/11/05 MIKE DERUNTZ The Postal Service has no objection to delivery in your development, pending the mode of delivery in which we will establish in accordance with your approved P.U.D. Sincerely, Bob Skebe Growth Management NAPLES MAIN OFFICE 12811 GOODLETTE RD N NAPLES, FL 34102 -9998 Aoenc a item rJo, 8S rebruary 13, 2007 Page 71 of 203 Devefopmenl Services Department Community Development Dlvlslon I Collier County Government 2600 North Horseshoe Drive I Naples, FL 33942 -6917 Phone: 813 1643-8400 Current Planning April 20, 1994 Mr. Bill Hoover, AICP Butler Engineering, Inc. 1645 Colonial Blvd. Fort Myers, Florida 33907 Re: Approval. of Preliminary SDP-- 94 -32, Budgetel Hotel at 1 -75, Alligator Alley PUD, Subject to Conditions and Stipulations. Dear Mr. Hoover: The Current Planning-staff has determined the proposed Preliminary Site Development Plan (SDP- 94 -32) to be in compliance with the standards set forth in Division 3.3 of the Collier County Land Development Code. Changes-in use and /or design of this plan are not authorized without' written' approval by the County. Changes shall require re- review in accordance with all current. County codes including parking facilities, utilities and transportation. Final plans may be submitted to Project Plan Review subject to the incorporation of all conditions and stipulations listed below: 1. Current Planning: Approved subject to the following: a. A single hedge row shall be provided along rear of property (between parking lot and C.R. 951). b. Notwithstanding this preliminary site development plan approval, the applicant /petitioner is hereby placed on notice that the requirements of other jurisdictional agencies (i.e., fire, health department, or other state and federal agency) are the responsibility of the applicant /petitioner to account for in the design of this site plan and that these other agency requirements may require amending this site plan and resubmission for LDC consistency relationships. C Agenda !tern No. 8B February 13, 2007 Page 72 of 203 Mr. Hoover April 20, 1994 Page Two c. Section 4.4 of the I -75 /Alligator Alley PUD document allows a maximum density of 26 hotel /motel units per acre. The subject Budgetel Hotel proposes 108 units on only 2.14 acres which results in a density of 50 units per acre. However, Section 3.5 of the PUD document allows for the transfer of development densities within the Conservation Area to developable portions on the site. Therefore, the petitioner shall provide on the Final Site Development Plan a legal description. of the area required (2.01 acres) from Conservation Area that is being used to .transfer development densities to keep the overall density at 26 units per acre on Tract G. d. The maximum height of the hotel shall not exceed 5o feet. 2. Project Plan Review: Approved subject to the following Water Management and Engineering a. Detailed paving, grading, site drainage and utility plans shall be submitted to Project Plan Review. -for keview. No construction permits shall be issued unless and until approval. of the proposed construction in accordance with the submitted plans is granted by Project Plan Review. b. Design and construction of all improvements shall be subject to ,compliance with the appropriate provisions of the Collier County Land Development Code, Division 3-.2 C. A copy of South Florida Water Management District Permit Modification with staff report is required prior to final site plan approval. d. Work within Collier County right -of -way shall meet. the requirements of Collier County Might -of -Way ordinance No. 93 -64. e. No vehicle shall be forced onto any street to gain access from one aisle to another aisle. (LDC 2.3.4.6) Southernmost parking lot will not be permitted. Final Site Development Plan shall be revised accordingly. �,nda Item Pao. 3 �: r a,•�� 13. 200— image 73 of 203 Mr. Hoover April 20, 1994 Page Three f. The existing twenty foot (201) drainage easement shall be called out on final plan. Utilities a. Connection to the existing water and sewer facilities within Bedzel Circle right -of -way is required and must be completely illustrated on the final site plans. Supporting engineering construction drawings shall be provided showing location, configuration and size: b. Prior to Final Site Development Plan approval, a letter of water and sewer availability from Collier County Utilities Division shall be submitted. C. Design and construction of these facilities must be in compliance with Ordinance No. 88 -7G, as amended. Environmental a. A site visit has shown a cabbage palm to be located on the subject property. Provide a site clearing plan showing the limits of clearing or provide a note on the site plan indicating the removal of the cabbage palm. Amend the "General Vegetation Inventory and Assessment" ,note on the site plan to reflect this change. b. Submit the appropriate site clearing fee. 3. Addressing Pursuant to Ordinance No. 81 -47, no proposed subdivision, street, building, condominium or development may utilize the same name or a similar sounding name as any existing subdivision, street, building, condominium or development, except that the major street within a subdivision may utilize the name of the subdivision. Any changes to the project name shall be reviewed and approved by Community Development Services Addressing Department. Agenda Item No. 813 February 13. 2007 Pa-e 74 of 203 Mr. Hoover April 20, 1994 Page Four 4. Transportation Services: Approved subject to the following: a. Internal stop bars and stop signs should be added as shown on Ed Kant's memorandum of April 4, 1994. b. The stop bars and stop signs shown at the entrances should be relocated so as to be within the property boundaries as shown. c. The southernmost driveway shall not be permitted. A possible redesign would cross the existing easement. To accomplish the foregoing reconfiguration, an easement would have to be obtained from. the Collier County Water and Sewer District. Such easement would have to be subordinate to the District's own easement. All other review agencies have approved the- -above referenced application without stipulations. Should you have any questions regarding the stipulations noted above, please. don't hesitate to contact me at 64:3 -8469. Final Site Development Plans may be submitted to Ms. Sandy Hackney of Project Plan Review. Should you-have any questions regarding the Final SDP process, please call her at 643 -8473. For your convenience a Final SDP check list describing submittal information has been enclosed with this correspondence. Sincerely, Raymond V. Bellows Project Planner RVB /md Enclosure cc: Sandy Martin, Property Appraiser's Office. John DiMartino, Customer_ Services /Records July Adarmes, Project Plans Review PZ94 -90 eb,uary 13. 2',"07 !Page 7'v Oi 2C3 Technical Memorandum Mr. Donald Scott, AICP — Collier County Transportation Planning Mr. Nick Casalanguida — Collier County Transportation Planning From: Richard M. Reiff, P.E. QA--- September S, 2006 Subject: Alligator Alley Supplemental Traffic Impact Study Introduction Kimley -Horn and Associates, Inc. (KHA) has conducted an analysis to estimate 2009 traffic volumes along County Road 951 (CR 951), also known as Collier Boulevard, from Interstate 75 (I -75) to Davis Boulevard/Beck Boulevard in Collier County, Florida with consideration of the Alligator Alley development. This analysis also included a review of intersection and roadway segment level of service (LOS) estimates along the CR 951 study corridor. The three (3) study intersections included in the LOS analyses were: CR 951 & 1 -75 North Ramps (Northbound); CR 951 & 1 -75 South Ramps (Southbound); and CR 951 & Davis BoulevardBeck Boulevard. The roadway segments considered in this analysis included CR 951 from 1 -75 to Davis Boulevard/Beck Boulevard. Future Traffic Volumes Vehicle turning movement volume counts were conducted by KHA at the three (3) aforementioned existing intersections during the p.m. peak -hour period (4:00 p.m. to 6:00 p.m.) to quantify existing peak -hour traffic volumes within the study area. The counts were conducted in February 2006 (peak- season conditions), and were adjusted utilizing the FDOT weekly adjustment factors for Collier County. The development of 2009 future traffic volume estimates was conducted in three steps. Traffic volumes associated with major, approved developments in the area, an annual growth rate along the CR 951 corridor, and the diversion of traffic to the new I -75 & Golden Gate Parkway interchange were considered. Agenda Item No. 83 February 13, 2307 Page 7U of 203 Based upon discussions and agreements with Collier County and FDOT District One staff, traffic volumes from the un -built portions of 10 developments were incorporated into the analysis. The developments were separated into three groups by location and are listed below. West of CR 951 • Abercia North • Abercia South • Elementary School G • Golden Gate High School • Magnolia Pond Condominiums East of CR 951 • Borrow/Rock Pits (three separate developments) • City Gate — Phases 1 & 2 • Whitelake Industrial Park South of I -75 • Davis Crossings Westport In addition to the 10 developments above, consideration of the Alligator Alley shopping center was also included. The traffic volumes associated with these major, approved developments were taken from the most recent and available Traffic Impact Study data that has been conducted for each development. However, no traffic data was available for the Whitelake Industrial Park; therefore, a trip generation and distribution review was conducted. Traffic volumes generated by the Whitelake Industrial Park for the p.m. peak hour were estimated using the Institute of Transportation Engineers' (iTE) Trip Generation, 7th Edition (2003). As part of the trip generation estimates, internal capture trips (including interaction with City Gate — Phases 1 & 2) and pass -by capture trips were considered and determined based upon information contained in the ITE Trip Generation Handbook, 2od Edition (2004). Whitelake project traffic was then distributed and assigned to the public roadway network based upon the results of a Florida Standard Urban Transportation Model Structure (FSUTMS) select -zone analysis run. Worksheets documenting the trip generation and distribution review are provided in Appendix A. In addition to the traffic associated with the major, approved developments, the existing 2006 peak- season volumes were adjusted by a four percent (4 %) annual, linear growth rate. This growth rate is based upon the agreed upon growth rate development methodology between Collier County and FDOT District One staff. Page 2 of 5 4gen'a Ite .r I`ve. �_::� R page t , 0 2" -'_''3' Finally, the diversion of future traffic from the 1 -75 & CR 951 interchange to the planned 1 -75 & Golden Gate Parkway interchange, currently under construction, was considered in the future 2009 traffic volume estimates along the CR 951 corridor. The diversion of traffic to the I -75 & Golden Gate Parkway interchange was estimated by comparing two FSLJTMS analysis runs, one utilizing the existing roadway network, and one utilizing the existing roadway network including the new interchange. The results of this comparison indicate that the traffic volumes utilizing the I -75 & CR 951 interchange would be reduced by approximately 15% due to the new 1 -75 & Golden Gate Parkway interchange. The traffic volumes from the l 1 major, approved developments (including Alligator Alley) were added to the growth -rate adjusted, peak - season traffic volumes to produce 2009 traffic volume estimates, which were then adjusted with the 15% diversion to the new I -75 & Golden Gate Parkway interchange to produce 2009 total traffic volume estimates. Worksheets documenting the intersection traffic volume development are provided in Appendix B. Future Improvements Based upon the discussions and agreements with Collier County and FDOT District One staff, several planned improvements along the CR 951 corridor were included in the review of 2009 LOS estimates of the study intersections and roadway segments. The planned improvements are related to the CR 951/Davis Boulevard corridor, and for the three (3) study intersections include the following lane geometries. At the CR 951 & I -75 North Ramps (Northbound) intersection, consideration of four (4) northbound and southbound through lanes was included in the LOS analyses. At the CR 951 & I -75 South Ramps (Southbound) intersection, consideration of five (5) northbound and four (4) southbound through lanes, two (2) southbound left -turn lanes, two (2) eastbound left -turn lanes, and three (3) eastbound right -turn lanes were included in the LOS analyses. At the CR 951 & Davis Boulevard/Beck Boulevard intersection, consideration of the following intersection configuration was included in the LOS analyses: P. Eastbound Approach — Three (3) left -turn lanes, two (2) through lanes and one (1) right -turn lane; ► Westbound Approach —One (1) left -turn lane, two (2) through lanes and one (1) right -turn lane; Page 3 of 5 Agenda !tarn No. 3B February 13. 2007 Paoe 78 of 203 Northbound Approach — Two (2) left -turn lanes, three (3) through lanes and one (1) right -turn lane; and P. Southbound Approach — Two (2) left -turn lanes, three (3) through lanes and two (2) right -turn lanes. LOS Analyses Based upon the future intersection traffic volume development and the planned lane geometries previously described, an intersection analysis was conducted for the three (3) study intersections along the CR 951 corridor utilizing the Highway Capacity Manual methodologies defined in Synchro, Version 6.0. In addition, a roadway analysis was conducted for the study roadway corridor also utilizing Synchro, Version 6.0. For the intersection and roadway analyses, a LOS standard of LOS E was considered. The results of the intersection analysis, utilizing the future p.m. peak -hour intersection turning movement volumes, are summarized in Table I and indicate that all intersections are expected to operate at an a acceptable LOS during the -. future 2009 p.m. peak hour. Summary worksheets of the intersection analyses are provided in Appendix B. TABLE I 2009 P.M. Peak -Hour Intersection Conditions Intersection LOS Standard Intersection LOS CK 951 c& 1 -75 North Ramps (NB) E C CR 951 & 1 -75 South Ramps (SB) E B CR 951 & Davis Boulcti�ardiBeck BoulevUrd E C The results of the roadway analysis are summarized in Table 2 and indicate that all roadway segments are expected to operate at an acceptable LOS during the future 2009 p.m. peak hour. Summary worksheets of the intersection analyses are provided in Appendix B. Page 4 of 5 renUa I � No. 3B ary' '13, 2'D07 P;a:,e -179 o. 203 TABLE 2 2009 P -M. Peak -Hour Roadv aN Conditions 110S Roadn a� LOS Raad�sa} Sc�n�ent N It sit Standard -i I -75 North Ramps (NB.) to I -7� � "'oath Rarnps (SR) E B D I I -7� South Ramps (SB) to Davis Boulevar&Beck Boulevard E C D Closing Based upon discussions and agreements with Collier County and FDOT District One, this technical memorandum summarizes the findings of the analysis to estimate 2009 traffic volumes along CR 951 from I -75 to Davis Boulevard/Beck Boulevard in Collier County, Florida with consideration of the Alligator Alley development. This memo also summarizes the findings of the intersection and roadway segment LOS estimates along the CR 951 study corridor. H:V 04 8 6490 1 7200 6- 081Memo.C"51.090106.dac Page 5 of 5 Aaenda Item No. 3B Febr; ary 13. 2007 Page 80 of 203 APPENDIX A: Whitelake Industrial Park Trip Generation and Distribution Worksheets O J co a, CZ 71 co a- a� y Q 0 Q C 0 m Cl) �c 4m U 0 Q C (L m L� 0 N W W Z W z o 0 0 S O Y Y W u� CL a CL a N W W Z Z o W 0 a_ W W a � 0 S O Y Y W u� CL a CL a FY 0 Z IL IL is y4 a O n A a C a w cc LL U CR p� a p /aA1 =3 f rr t E I�4i l - - _ • lJ zJ E 4 rgi 4. Jli 9p Ff «•' I+t �IPIfl''r 6 pCf1 ^'? rd _ IIt uA ~J L v l T•I ���T;J V y SC -Jr - m ;? -Y - rtrA V.J J-1 `L I i l W J -. t F_ 9 _ d i S FY 0 Z IL IL is y4 a O n A a C a w cc LL U CR p� a p /aA1 =3 'm ti--) moo o cv �i �-> (B J 7 Q Cj /1. 0 d a _3 R 0 u o - D N O 0 O F- N u T � 0 r � d 0 00 u� • N C w o N- Ot�- 0 D N -t tR r -er -d -r o- �r c C ec so -N t O Dc 0 rr. X; -OP -r -n uhd Agenda Item No. 8B February 13, 21007 Page 84 of 203 INTERSECTION TRAFFIC VOLUME DEVELOPMENT CR 95I & I-75 North Ramps (NB) TRAFFIC CONTROL: Signalized COUNT DATE: February 16, 2006 TIME PERIOD: 4:30 p.m. - 5:30 p.m. PEAK HOUR FACTOR: 0.95 -evire rum vwaw=Tr'- PRo FFtT FRR W2U_ WET WM MBL 111111117 NSR Raw Turning 011owsoonent Count 16976T1 1.007 1.216 Peak-Season Correction Factor 0.90 0.96 ()go EBL q Diversion due to Golden Gate interchanc TOTAL VESTED TRAFFIC ____L t EST L. WRL WBT WSR NBT NBR 34;1 7a1 73 3 ,irs To Buildout Yearly Growth 4 P 4 " BACKGROUND TRAFF D_K: T E, 2009 NON-PROJECT TRAFFIC I j 224 5 1e4 1�,21 _j 2, 795 TYPE EBL WT EM VML WBT WBR NBL MST MDR SST SBR New 43 7- 0 T 42 "TOTAL TRAFFIC" ESL EST EBR WSL WBT WOR 2 TOTAL TRAFFIC 5 1 194 A �.gen-da 8577 of -', 0 3 INTERSECTION TRAFFIC VOLUME DEVELOPMENT CR 951 & 1-75 South Ramps (SB) TRAFFIC CONTROL: COUNT DATE: TIME PERIOD: PEAK HOUR FACTOR: Signalized February 16, 2006 4:15 p.m. - 5:15 p.m 0.97 "EXISTING TRAFFIC" EEL EST EBR WBL WET WBR NOR SOL S8T SBR 167 1,092 F-Raw- -Turning Movement -Counts �Se...—,,.- 0.96 0.96 P Correction Factor -Lj-- Z PERK - SEASON VOLUMES j 97 2,064 J 164 33 1 1,970 "NON-PROJECT TRAFFIC" ESL EST EBR W5L WET WBR NBL NET SBT SBR OR 951 Wl"t - Net. New 209 CR _951,Afest - —pasz-by fit 1-_- F 2 09 - T + CR 951 East - Net, New "17 CR 951 East - Pass-by South of 1-75 Diersion due to Golden Gate interchange !74 T TOTAL VESTED TRAFFIC Years To Bukdout (too ) Yearly Growth Rate �ACKGROUND TRAFFIC GROWTH S. 2009 NON PROJECT TRAFFIC 409 "PR03ECT TRAFFIC' LAND USE TYPE ESL ENT Alligator Alley _j tiew- TQTAL 4RR03ECT TRAMC 21M S 3 4:_ 2.W 1 193 1 313 1 1,M WET WER NBL NET SWT SBR B4 43 43 F- "TOTAL TRAFFIC" ESL EST EBR WBL WBT WBR NBL 14ST NBR SBL SOT SBR f 2G09 TOTAL TRAFFIC `.','::.' ; 100 1,102 i 1 1 2,732 F 197 1 313 1 2.0" Agenda It No. 313 February 13. 2007 Pane 80 of 203 INTERSECTION TRAFFIC "VOLUME DEVELOPMENT CR 951 & Davis Boulevard TRAFFIC CONTROL: Signalized COUNT DATE: February 16, 2006 TIME PERIOD: 4:15 p.m. - 5:15 P.M. PEAK HOUR FACTOR: 0.98 aarm r MEMO Mat mmT NBR SSL SST SBR — EJUStiLma IKF1rrL*- caa� cv■ .....� ..—_ - - -- - -- 210 202 1,354 127 149 1,10! 742 Raw Turning Movement Counts 704 108 181 64 110 peak - Season Correction Factor 0.98 1 0.98 0.98 0.98 0.98 0.98 0.98 0.98 098 0.95 0.96 0.98 '', •90 106 1n •3 10• 206 1961 `7 4 124 144 t,o•2 { 727 , ue v-r urcn carat WRT NBR SBL SBT SBR CR 951 West - Net, New 125 84 93 140 CR 951 West - Pass -by CR 951 East - Net, New 65 43 163 276 CR 951 East - Pass -by South of 1 -75 91 9 4 4 34 81 103 51 rersion due to Golden Gate interchange -166 174 TOTAL VESTED TRAFFIC 75 9 0 4 4 0 34 208 0 0 379 293 Years To Buiidout (2009) 3 3 3 3 3 3 3 3 3 3 3 Yearly Growth Rate 4.0% SACKG(t0UND TRAFFIC GROWTH '' 83 4.0% 13 L21 4.0% 8 4.0% 13 4.0°/0 25 4.0°% 24 4.0% 150 4.0% 15 4.0% 18 4.0% 130 4.0°0 87 •anon rrnM OOn3Frr r>ZJFFI<C RR9 t2i 1•• 75 125 231 25• 1.••4 139 ' 1.4 1 11AW 1 1.107 L wva Mi0 t "PR03ECT TRAFFIC" LAND USE TYPE ESL EST EBR WSL WBT WBR NBL MST NSR SBL SST SBR Alligator Alley NeW I W 4 1 42 1 4 43 ` 56 4 42 • 4 f 43 • • • • !• "TOTAL TRAFFIC" ESL EST EBR WBL WBT WSR NSL MST NBR SBL SST SBR �.r c Og, i1AL::ft ►fFIC oy1 s±< r 976 132 240 TS 129 231 299 1,•94 139 111«11 1.5.1 1.197 .genda Hem No. 83 `eb`Uary '3, 23v7 Page 87 of 203 HCM Signalized Intersection Capacity Analysis PM Peak Hour - Scenario 1 3: 1 -75 NB Off -Rama $ CR 951 2030 Total Traffic Conditions Lane Configurations 438 355 1087 )"rif I'll rill 73.2% ICU Level of Service D tilt c0,33 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 1.03 4.0 0.66 4.0 4.0 4.0 41.0 4.0 25.4 Lane Util. Factor 1.00 0.97 0.61 0.88 0.97 0.86 1.4 0.86 31.4 Fri 1.2 1.00 50.5 0.85 1.00 1.00 26,5 1.00 D Flt Protected E 0.95 C 1.00 0.95 1.00 1.00 26.5 Satd. Flow (prot) A D 3433 2787 3433 6408 6408 Flt Permitted 0.95 1.00 0.95 1.00 1.00 Satd. Flow (perm) 3433 2787 3433 6408 6408 Volume (vph) 0 0 0 228 0 194 1063 2076 0 0 1822 0 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 A1• Flow (vph) 0 0 0 240 0 204 1119 2185 0 0 1918 0 RTOR Reduction (vph) 0 0 0 0 0 38 0 0 0 0 0 0 Lane Group Flow (vph) 0 0 0 240 0 166 1119 2185 0 0 1918 0 Turn Type custom custom Prot Protected Phases 5 2 6 Permitted Phases 8 8 Actuated Green, G (s) 13.3 13.3 36.0 94.7 52.7 Effective Green, g (s) 15.3 15.3 38.0 96.7 54.7 Actuated g/C Ratio 0.13 0.13 0.32 0.81 0.46 Clearance Time (s) 6.0 6.0 6.0 6.0 6.0 Vehicle Extension (s) 3.0 3.0 3.0 .3.0 3.0 Lane Grp Cap (vph) 438 355 1087 5164 2921 v/s Ratio Prot 73.2% ICU Level of Service D Analysis Period (min) c0,33 0.34 c0.30 v/s Ratio Perm c0.07 0.06 v/c Ratio 0.55 0.47 1.03 0.42 0.66 Uniform Delay, d1 49.1 48.6 41.0 3.4 25.4 Progression Factor 1.00 1.00 0.61 0.59 1.00 Incremental Delay, d2 1.4 1.0 31.4 0.2 1.2 Day (s) 50.5 49.5 56.3 2.2 26,5 Level of Service D D E A C Approach Delay (s) 0.0 50.1 20.5 26.5 Approach LOS A D C C NG- HCM Average Control Delay 24.9 HCM Level of Service C HCM Volume to Capacity ratio 0.77 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 73.2% ICU Level of Service D Analysis Period (min) 15 c Critical Lane Group H:1048649006 - Alligator AlleytAA 2009.sy7 Synchro 6 Report Kimley Hom Page 1 Agenda Item No. 8B February 13, 2007 Page 88 gf 203 HCM Signalized Intersection Capacity Analysis PM Peak Hour - Scenano 4:1-75 SB Off -Ramp & CR 951 2030 Total Traffic Conditions 'A _I.--V r *4- 4L% t /00, `l ,, Lane Configurations err M r M1 Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 Lane Ulf. Factor 0.97 0.76 0.81 1.00 0.97 0.86 Frt 1.00 0.85 1.00 0.85 1.00 1.00 Flt Protected 0.95 1.00 1.00 1.00 0.95 1.00 Satd. Flow (prot) 3433 3610 7544 1583 3433 6408 Flt Permitted 0.95 1.00 1.00 1.00 0.95 1.00 Said Flow (perm) 3433 3610 7544 1583 3433 6408 Vokune(vph) 409 0 1102 0 0 0 0 2732 197 313 2006 0 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Adj. Flow (vph) 431 0 1160 0 0 0 0 2876 207 329 2112 0 RTOR Reduction (vph) 0 0 0 0 0 0 0 0 0 0 0 0 Lane Group Flow (vph) 431 0 1160 0 0 0 0 2876 207 329 2112 0 Turn Type custom custom Free Prot Protected Phases 4 1 4 3 12 3 2 Permitted Phases 4 1 4 3 Free Actuated Green, G (s) 19.0 62.9 68.1 120.0 14.9 45.1 Effective Green. g (s) 21.0 64.9 70.1 120.0 16.9 47.1 Actuated g/C Ratio 0.18 0.54 0.58 1.00 0.14 0.39 Clearance Time (s) 6.0 6.0 6.0 Vehicle Extension (s) 30 3.0 3.0 _ Lane Grp Cap (vph) 601 1952 4407 1583 483 2515 v/s Ratio Prot c0.13 c0.32 c0.38 0.10 c0.33 v/s Ratio Perm 0.13 v/c Ratio 0.72 0.59 0.65 0.13 0.68 0.84 Uniform Delay, d1 46.7 18.6 16.8 0.0 49.0 33.0 Progression Factor 1.00 1.00 0.68 1.00 1.36 0.41 Incremental Delay, d2 4.1 0.5 0.4 0.1 3.3 3.0 Delay (s) 50.8 19.1 11.8 0.1 69.9 16.6 Level of Service D B B A E B Approach Delay (s) 27.7 0.0 11.0 23.8 Approach LOS C A B C HCM Average Control Delay 19.1 HCM Level of Service B HCM Volume to Capacity ratio 0.72 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 73.2% ICU Level of Service D Analysis Period (min) 15 c Critical Lane Group H:104WA9006 - Alligator Aky1AA 2009.sy7 Synchro 6 Report Kimley Horn Page 2 bruar} 13, 2 007 Page 39 01'1' HCM Signalized Intersection Capacity Analysis PM Peak Hour - Scenario 1 5: Davis Boulevard & CR 951 2030 Total Traffic Conditions Lane Configurations TM ++ F I tt r �) T *T It )�. Ttt irif Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 0.94 0.95 1.00 1.00 0.95 1.00 0.97 0.91 1.00 0.97 0.91 0.88 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Satd. Flow (prot) 4990 3539 1583 1770 3539 1583 3433 5085 1583 3433 5085 2787 Fit Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 Satd. Flow (perm) 4990 3539 1583 1770 3539 1583 3433 5085 1583 3433 5085 2787 Volume (vph) 976 132 240 75 129 231 299 1694 139 164 1591 1197 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Adj. Flow (vph) 1027 139 253 79 136 243 315 1783 146 173 1675 1260 RTOR Reduction (vph) 0 0 0 0 0 0 0 0 0 0 0 0 Lane Group Flow (vph) 1027 139 253 79 136 243 315 1783 146 173 1675 1260 Turn Type Prot pm +ov Prot pm+ov Prot pm+ov Prot pt+ov Protected Phases 7 4 5 3 8 1 5 2 3 1 6 67 Permitted Phases 4 8 2 Actuated Green, G (s) 27.0 28.1 40.8 8.5 9.6 21.6 12.7 47.4 55.9 12.0 46.7 79.7 Effective Green, g (s) 29.0 30.1 44.8 10.5 11.6 25.6 14.7 49.4 59.9 14.0 48.7 81.7 Actuated g/C Ratio 0.24 0.25 0.37 0.09 0.10 0.21 0.12 0.41 0.50 0.12 0.41 0.68 Clearance Time (s) 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 1206 888 644 155 342 338 421 2093 790 401 2064 1897 v/s Ratio Prot 00.21 0.04 0.05 0.04 0.04 00.08 0.09 00.35 0.02 0.05 00.33 0.45 v/s Ratio Perm 0.11 0.07 0.08 v/c Ratio 0.85 0.16 0.39 0.51 0.40 0.72 0.75 0.85 0.18 0.43 0.81 0.66 Uniform Delay, dl 43.4 35.1 27.6 52.3 50.9 43.9 50.9 32.0 16.6 49.3 31.6 11.2 Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.77 0.65 0.36 Incremental Delay, d2 6.0 0.1 0.4 2.6 0.8 7.1 7.1 4.6 0.1 0.5 2.3 0.6 Delay (s) 49.4 35.1 28.0 54.9 51.7 51.0 58.0 36.6 16.7 38.4 22.9 4.6 Level of Service D D C D D D E D B D C A Approach Delay (s) 44.2 51.9 38.3 16.3 Approach LOS D D D B HCM Average Control Delay 30.9 HCM Level of Service C HCM Volume to Capacity ratio 0.82 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 intersection Capacity Utilization 75.6% ICU Level of Service D Analysis Period (min) 15 c Critical Lane Group H:1048649006 - Alligator Alley'AA 2009.sy7 Synchro 6 Report Kimiey Hom 'Page 3 Agenda Item No. 85 February 13, 21007 SC Arterial Level of Service PM Peak Hour - 6i4WCPVf 203 2030 Total Traffic Conditions Arterial Level of Service: NB CR 951 7 242 -- C 1-75 SS brI411) 11 45 27.7 11.9 �9-6 02 a 1-75 NB off-Ramp 11 45 23.9 2.3 26.2 0.23 31.6 Total 11 51.6 14.2 65.8 0.50 27A C Arterial Level of Service- SS CH, 951 1-75 SE, Off -Ram P 11 45 23,9 16.7 40.6 0.23 7,7 7 32. 5 C), 9 0.27 is's D Davis Br,%11r,,V.1rd T �!, a I HA048649006 - Alligator AlleyAA 2009 -sy7 Synchro 6 Report Kimley Horn Page 4 Agenda Item Flo. 88 February 13, 2007 Page 91 of 203 TRAFFIC IMPACT STATEMENT FOR ALLIGATOR ALLEY PUD (PROJECT NO. 040412) PREPARED BY: Metro Transportation Group, Inc. 12651 McGregor Boulevard, Suite 4 -403 Fort Myers, Florida 33919 -4489 Certificate of Authorization 47628 239- 278 -3090 December 8, 200 Reid C. Fellows, P.E. EXHIBIT C P.E. No.- 61673 Agenda itern No. 8B February 13, 2007 Page 92 of 203 u3EQ 00 CONTENTS I. INTRODUCTION II. . EXISTING CONDITIONS III. PROPOSED DEVELOPMENT IV. 'TRIP GENERATION V. TRIP DISTRIBUTION VI. FUTURE TRAFFIC CONDITIONS VII. PROTECTED LEVEL OF SERVICE AND IMPROVEMENTS VIII. CONCLUSION : r'itl�1-1 a 1 ?gym vb !u Y , 3 2Jl f Page 93 of 2031 I. INTRODUCTION Metro Transportation Group, Inc. (Metro) has conducted a traffic impact statement for the proposed Alligator Alley PUD, The site is located in the northwest corner of the intersection of Davis Boulevard and Collier Boulevard within Collier County, Florida. The site location is illustrated on Figure 1, The proposed submittal for the Alligator Alley PUD would re -zone the subject site to allow for the construction of a total of 265,000 square feet of floor area. The subject site currently consists of two fast food restaurants in addition to a hotel use, for a total of 9,600 square feet. The Developer received a Certificate of Adequate Public facilities when they prepaid the impact fees for a total of 130,000 square feet of retail floor area on the subject site. This proposed zoning action would permit the construction of an additional 125,400 square feet of retail floor area. Access to the site will be provided via two access points to Davis Boulevard. This report examines the impact of the Alligator Alley PUD on the surrounding roadways. Trip generation and assignments to the site access drives will be completed and analysis conducted to determine the impacts of the development on the surrounding intersections. II. EXISTING CONDITION'S The subject site currently consists of two fast -food restaurants and a hotel use, The site is bordered to the west by vacant land slated for commercial, development. To the south, the site is bordered by Davis Boulevard. To the east of the subject site are existing commercial developments in addition to Collier Boulevard. 1 -75 borders the subject site to the north. Davis Boulevard (S.R. 84) is a two -lane divided roadway that borders the subject site to the south, in previous releases of the Florida Department of Transportation Program, the six - laning of Davis Boulevard from Collier Boulevard to west of Radio Page 1 Agenda item No. 8B February 13, 2007 -M-ETR 13 PROJECT LOCATION MAP Figure ALLIGATOR ALLEY PUD r ^ehruary 13 2.0107 Pa: g 9S 0 v,,3 Road was funded for Fiscal Year 2008, However, the most recent updates (FY 2006/07- 2010/2011) of the FDOT Tentative Work Program (to be adopted in June 2006) reflect no funding for the construction of the six- laning of this roadway link within the next five years. Therefore, this roadway improvement was not accounted for as a part of this report, The Level of Service (LOS) Standard for this roadway adjacent to the subject site is. 1,530 vehicles. The site access intersections with Davis Boulevard are anticipated to operate under unsignalized conditions. Davis Boulevard has a posted speed limit of 50 rnph and is under the jurisdiction of the Florida Department of Transportation. Collier Boulevard is a four -lane arterial roadway in the vicinity of the proposed Alligator Alley development. The 2004 Collier County Annual Update Inventory Report (AUIR) indicates funding is available for the six- taning of Collier Boulevard from I -75 to Davis Boulevard within the Fiscal Year 2005, This. roadway improvement was accounted for since it is within two years from the time of the application. The minimuin Level of Service (LOS) Standard for this roadway adjacent to the subject site is 3,690 vehicles to the south of 1 -75 and 3,270 vehicles to the south of Davis Boulevard. The intersection of Collier Boulevard and Davis Boulevard currently operates under signalized conditions. Collier Boulevard has a posted speed limit of 45 mph and is under the jurisdiction of Collier County. In order to gain a better understanding of the traffic conditions that currently exist along Davis Boulevard, Metro obtained 2005 P.M. peak hour turning movements at the intersection of Davis Boulevard /Collier Boulevard from the Collier County Transportation Planning Division. The traffic volumes obtained fi•om the County were performed in January 2005, so no peak season adjustment was required. These turning movements were adjusted to 2008 background traffic conditions based on the appropriate annual growth rate indicated within the 2004 Collier County Average Daily Traffic Report. The year 2008 was selected as it is likely that the 130,000 square feet of commercial floor area proposed within Phase I of the Alligator Alley PUD would be completed by this time. Figure 2 indicates the resultant 2008 background P.M. peak Page 3 Agenda Item No. 8B February 13, 2007 n T N W E S N.T_S. LEGEND ♦ 000 WEEK DAY PM PEAK HOUR TRAFFIC 0 ry Uj 0 co w LU c U 2008 PM HEAK HOUK BACKGROUND TURNING MOVEMENTS Figure 2 ALLIGATOR ALLEY PUD M9 c:Ji "U =.'y '3, X)07 :,ate q7 of 2; hour, peak season turning movement volumes at Davis Boulevard's intersection with Collier Boulevard. 111. PROPOSED DEVELOPMENT The proposed re- zoning of the subject site would allow for the construction of a maximum of 265,000 square feet of commercial floor area. Currently, approximately 9,600 square feet of commercial floor area exist on the subject site. The Developer of the Alligator Alley PUD received a Certificate of Adequate Public Facilities for up to 130,000 square feet of commercial floor area via pre - payment of the impact fees for this project. The remaining 125,400 square feet of floor area will be subject to the concurrency requirements established by Collier County in effect at the time the Site Development Plan is applied for. Since this development will function as an integrated retail center with outparcels and shared parking., the trip generation of the development was determined based on the size of the overall shopping center. However, for concurrency purposes, a separate trip beneration calculation will be applied to only the 125,400 square feet of commercial space that is subject to concurrency. Table t summarizes the land uses utilized for trip generation purposes for the subject development. Additionally, Table 1 also reflects each phase of the proposed Alligator Alley PUD. Table t Alligator Alley PUD Land Tires Phase Land Use - -- Size Existing Restaurant /Hotel 9,600 square feet Phase 1 Shopping Center 130,000 square feet Phase 2 Shopping Center 125,400 square feet Total Development 265,000 square feet Page 5 Agenda item No. 8B ebruary 13, 2007 Page 0R of 203 The proposed development will access Davis Boulevard via a right-in/right-out driveway known as Bedzel Drive, a directional left-in/right-in/right-out access known as Joyrose Place, and a future full access driveway to Market Street via a cross access through the future commercial development on the western property boundary. IV. TRIP GENERATION The trip generation for the proposed development was determined by referencing the Institute of Transportation Engineer's (ITE) report, titled Trip Generation, 7`h Edition. Due to the integrated nature of the retail uses proposed on this site, the trip generation of the entire development was calculated based on Land Use Code 820 (Shopping Center). The ITE Trip Generation Report describes a shopping center as "an, integrated group of commercial establishments that is planned, developed, owned and managed as a unit." The proposed Alligator Alley PUT) will function as an integrated shopping center rather than several different stand alone retail establishments. Therefore, Land Use Code 820 (Shopping Center) is the appropriate choice for trip generation of the proposed development. Table 2 outlines the anticipated weekday A.M. and P.M. peak hour trip generation of the Alligator Alley PUD development. Trip generation calculations were performed based upon Phase 1 of the development in addition to based on the entire development planned for the site. The Phase 2 traffic is represented by the difference between the Phase 1 traffic and the overall development traffic. The trip generation equations for Land Use Code 820 are included within the Appendix of this report for reference. Table 2 Trip Generation A 11..rriFr.r- A l[nv PT ril I'ha�e Lanitl CJsc `Weekda A:M Peak :Hour Weekday Y. +1VI Peak'Hour Daily > . (2 wAY) In';.:.. Out ::: 'Total `Total . Phase 1 Shopping Center (130,000 sq. ft.) 110 75 185 355 390 745 8,055 Entire Site Shopping Center (265,000 s(1. ft.) 170 110 280 570 620 1,190 12,795 Resultant Phase 2 60 35 95 215 230 445 4,740 Page 6 Aaenda item No. 3B ebruary 13, 2007 Paae 99 of 203 The trips shown for the retail uses in Table 2 will not all be new trips to the adjacent roadway system. ITE estimates that a Shopping Center of comparable size may attract between eight (8 %) and eighty -nine (89 %) percent of its traffic from vehicles already traveling the adjoining roadway system. This traffic, called "pass -by" traffic, reduces the development's overall impact on the surrounding roadway system but does not decrease the actual driveway volumes. Based on the size of this retail development, the "pass -by" trip percentage calculation indicated within the ITE Trip Generation Handbook results in a "pass -by" trip reduction of 29.3 %. A copy of the data contained in the Trip Generation Handbook for this land use is included in the Appendix of this report for reference. For this analysis, the "pass -by" traffic was accounted for in order to determine the number of "new" trips the development will add to the surrounding roadways. Table 3 summarizes the "pass -by" percentage for each use. Table 4 summarizes the development traffic and the breakdown between the new trips the development is anticipated to generate and the "pass -by" trips the development is anticipated to attract. It should be noted that the driveway volumes are not reduced as a result of the "pass -by" reduction, only the traffic added to the surrounding streets and intersections. Table 3 "Pass -by" Trip Reduction Factor Alligator Alley PUD Land Use Percentage.Trip -: Rerl'iectiori Shopping Center 29.30%, (LUC 820) Page 7 Table 4 Trip Generation — New Trips . Alligator Allev PUD y2Ei i� item !,Jo.. s a .)e ;r, of 243 Phase Land Use Wee1 {d a A1VI Peak I)<our Weekdfl P M.Peak Hour :`' natIy .s (2 =wayj: Inu "t Total In Out`. Total Total has 1 Trips 110 75 185 355 390 745 _ 8,055 Phase I less pass -by traffic -35 -20 -55 -105 - 115 -220 Ncw Phase 1 Trips 75 55 130 250 275 525 5,695 Total Trips 170_ 110 280 570 620 1,190 12,795 Entire Site less pass -by traffic -50 -30 -80 -170 -180 -350 -3,750 New Trips 120 80 200 400 440 840 9,045 Resultant Phase 2 New Trips 45 25 70 150 165 315 _ 3,350 V. TRIP DISTRIBUTION The trips shown in 'fable 4 were then assigned to the surrounding roadway system based on the anticipated routes the drivers will utilize to approach the site. The project distribution for the proposed development has been agreed upon with the Collier County Transportation Staff, and the resultant distribution is indicated in Figure 3. Based on the traffic distribution indicated within Figure 2, the Phase I development traffic was distributed to the site access interseetions. Since the Phase I traffic is vested, no concurrency analysis was. performed as a result of this phase. Figure 4 reflects the assignnient of the Phase I trips to the site access driveways and impacted intersections. Site traffic assignments were also performed based on the ultimate buildout of the Alligator Alley PUD. Figure 5 reflects the assignment of the entire Alligator Alley trips to the surrounding roadway network. It should be noted that the site traffic assignment to the project access points reflect the total development trips. However, the trips indicated at the Collier Boulevard /Davis Boulevard interscetion reflect only the new trips generated as a part of this development. Page 8 Agenda Item No. 8B February 13, 2007 N W —IA4,or E S N.T.S. 19% 7S 2% i'130JEC7 ?: 40% sl RADIO ROAD 2% 4-23%-► p DAVIS BOULEVARD 16% __j :D + 0 LU 0 O O PROJECT TRAFFIC DISTRIBUTION Figure 3 ALLIGATOR ALLEY PUD Age; sa i;em I`vo. OS sbruary 13. '2007 D...,,, ,r- -. Ors 1 1 of 1 v 1fl 1 0 Lo ♦ 30 (100) r' # 35 (115) 45 �l50� jf 1" ♦ 30 (150) �% i .�.. 30 (10 0) �1 140)( 45 ♦ ,l 1+(140) 45 (-) ♦ (') ` 1 4N T (' Lo�v �o Q s �O J Lo N m Lo Lo > v W jZ--E J O m S a L11 N.T.S. O U of D BUSINESS CIRCLE (165) 30 (75) 15 Lo �r LEGEND AP-000 WEEK DAY AM PEAK HOUR TRAFFIC 4?-(000) VVEEK BAY PM PEAK HOUR TRAFFIC PHASE 1 SITE TRAFFIC ASSIGNMENT Figure 4 ALLIGATOR ALLEY PUD Agenda Item No. 83 February 13, 2007 1 1 1 0 0 c°o °o ° U") 0 4.. 40 (220) (No 1 � 1 45 (135 1 k 60 (215) (-) 1 15 (1 00 4% 1 f 45 (135) . ,► �► (280) 50 ♦ (175) 30 190)55-0- r T r- (280) 50 -0- (10) - ♦ v (15) 51 LO 1' Y U) r X Q N W E IlIz- S N.T.S. © ■ 'i O� J BUSINESS CIRCLE "1 LEGEND a a J co m LLS J J Q U (100)15'+ f 000 WEEK DAY AM PEAK HOUR TRAFFIC f(000) WEEK DAY PM PEAK HOUR TRAFFIC (ffffoD ULTIMATE BUILD -OUT SITE TRAFFIC ASSIGNMENT Figure 5 ALLIGATOR ALLEY PUD L: j en ~a , am trio. 3B �:"ebruary 13. 20-,)7 age 10' of 203 VI. FUTURE TRAFFIC CONDITIONS In order to determine which. roadway segments surrounding the site will be significantly impacted, Table I A, contained in the Appendix, was created. This table indicates which roadway links will accommodate an amount of project traffic greater than the 3 % -3 % -5% Significance Test. The development traffic utilized as a part of the significance test reflects only the Phase 2 traffic indicated within Table 4 as the Phase I trips are already vested in the Concurrency Management System. Therefore, the Phase 2 project traffic was compared with the Capacity for Peak Hour — Peak Direction traffic conditions as defined by the most recent Collier County Coneurrency Spreadsheet. A copy of dhe most recent Collier County Concurrency Spreadsheet is attached in the Appendix of this report for reference. Based on the information contained within Table IA, only Davis Boulevard between Collier Boulevard and Radio Road will be significantly impacted in accordance with the Collier County 3 % -3 % -5% Significance Test. Therefore, Concurrency link analysis was required on Davis Boulevard adjacent to the subject site. In addition to the significant impact criteria, Table 1A also includes a concurrency analysis on the Collier County Roadway network. Davis Boulevard is shown to be 94 vehicles above capacity at this time as a two -lane roadway. The Florida Department of Transportation 2006/07- 2010/2011 Tentative Work Program does not currently indicate funding for the six - laning of Davis Boulevard along the project frontage. Due to the Iack of capacity on Davis Boulevard, the proposed Alligator Alley PUD will likely require phasing. Phase 1 consists of the 130,000 square feet of retail development in which a Certificate of Adequate Public Facilities has been obtained. Phase 2 will consist of the construction of the remaining 125,400 square feet of commercial floor area proposed as a part of this submittal. The construction of Phase 2 of the Alligator Alley PUD will likely be delayed until such time as the six - laning of Davis Boulevard can be accommodated within the concurrency analysis pursuant to the Collier County Land Development Code regulations. Page 12 Agenda Item No. 8B February 13, 2007 Page 105 of 203 ff Flo, —Effla 'fable lA indicates a concurrency projection for the six -lane condition of Davis Boulevard. Currently, the timing of the construction phase of the Davis Boulevard widening is not known. In order to project the concurrency on a six -lane Davis Boulevard, the existing traffic conditions wire grown to 2015 conditions via the appropriate arulual growth rates. The capacity for a six -lane Davis _Boulevard (3,420 vehicles) was taken from the current six -lane section of Davis Boulevard between U.S. 41 and Airport Pulling Road, The 2015 remaining capacity indicated within Table IA was calculated by subtracting the 2015 traffic volume from the six -lane Davis Boulevard capacity. The project traffic was then subtracted from the remaining trips in order to determine the remaining capacity after the six - laning of Davis Boulevard and the Alligator Alley PUD traffic is added to the surrounding roadway network. VII. PROJECTED LEVEL OF SERVICE AND IMPROVEMENTS Phase 1 of the proposed development is already vested due to the pre - payment of impact fees. Therefore, Phase 1 could be constructed at this time. However, there is currently insufficient capacity on Davis Boulevard for Phase 2 of the Alligator Alley PUD to receive a Certificate of Adequate Public Facilities. It should be noted that Davis Boulevard is within the East Central Transportation Concurrency Management Area (TCMA). The following excerpt indicates the'intent of a TCMA within Collier County: Rule 9J -5 of the Florida Administrative Code (FAQ authorizes the establishment of TCW s as an alternative transportation concurrency approach promoting infill development within selected portions of urban areas and supporting more efficient inobility alternatives, such as public transit. A TCMA provides an alternative means of analyzing new development for° transportation concurrency by enabling the county to establish area -wide Level of Service Standards for defined geographical zones in Which alternative traffic mules and alternative modes of travel are available. A development inoratorlurn would not be declared for a particular road segment within a TCMA unless fewer than 85 percent of the parallel lane miles in that TCMA are achieving their adopted Levels of Service (LQS). In other words, when a roadway is within a TCMA, the concurrency is measured on a system -wide basis rather than an individual roadway basis. Based on discussions with the County Staff, the parallel lane miles within the East Central TCMA are within the 85% threshold. Therefore, since there is available capacity within the entire East Central TCMA, there is likely sufficient capacity to accommodate the proposed Alligator Alley Page 13 �ubrli_iry ^J, 2007 Pa --e DI Of 203 M. Ell 4 PUD traffic under the TCMA requirements. The development of Phase 2 of the Alligator Alley PUD is proposed to be phased in order to allow the the six - laning of Davis Boulevard to be funded, figure b indicates the results of the eoncurrency analysis on Davis Boulevard adjacent to the subject site after the future six - laving of Davis Boulevard. Intersection analysis was performed at the site access intersections and the Davis Boulevard /.Collier Boulevard intersection. These intersections were analyzed utilizing the latest version of the SYINTCHRO software. The intersection analysis was performed based upon the 2008 buildout of Phase 1 of the Alligator Alley PUD as this phase is likely to be constructed prior to the widening of Davis Boulevard, Figure 7 indicates the 2008 buildout turning movements at the surrounding intersections. After Davis Boulevard is widened, the traffic conditions and access management could vary from the access planned for Phase 1. As part of the Site Development Permit for the Davis Crossings development on the south side of Davis Boulevard, an Access Management Plan was agreed upon by the Florida Department of Transportation for access to the Davis Crossings PUD as well as the Alligator Alley PUD, Attached in the Appendix of this report are the resultant SYNCHRO data sheets. In order to illustrate the results of the intersection Level of Service analyses, Table 5 was created. The Level of Service of each intersection or intersection approach at the area intersections are shown in Table 5. Table 7 Alligator Alley PUD Intersection LOS Analysis Results Tntersection ; Aliroac 2.008 Background :, Level'of Service . 204$ Build out Level of Service - Davis Blvd Ca),_Bedzel Dr SB -- D Davis Blvd n Toyrose PI - SB -- F B EB left Davis Blvd ry Market St NB F -- lWB left B Davis Blvd. t@ CR 951 F F Based on the intersection analysis results indicated within Table 5, there are Level of CPn,ire r1P r.i�nr_.iPC at flip T)avic Roulevard /Collier Boulevard intersection even without the Alligator Alley Phase I traffic. The Level of Service deficiencies will not be caused Page 14 _75 RADIO ROAD 677 (660) [613] P�ROJEGT' S(TE s D 677 > (650) [577] 0 w J U Agenda Item No. 8B �-enruary Ej. zuul r'ay,� N W T—E S N.T.S. DAVIS BOULEVARD LEGEND ry 000 2015 PROJECTED REMAINING CAPACITY (000) REMAINING CAPACITY W! AM PROJECT TRAFFIC Ilk i�l [000] REMAINING CAPACITY WI PM PROJECTTRAFFIC * BASED ON A 6 -LANE DAVIS BOULEVARD 2015 REMAINING CAPAU I Y UN 0 SIGNIFICANTLY IMPACTED ROADWAYS ALLIGATOR ALLEY PUD Figure 6 N 0 0 u. penca i e m Ni o, 8B February 13, 2007 1 1 1 I 1 01 1 co o 385 .4.. 1619 c`ry 1 u°� 1 rn - 106 115 240 �% ♦ 1619 4-1 1 �.. 1569 4� + r 42 �`S 6yJa 1550 ♦ 'l 140 1 1425-0- 887 �P 150 1425 ♦ 37173-01,, 00 - co N (!i W Q z N a Q W E Uj 0 m 5 a w N.T.S. J O U BUSINESS CIRCLE LEGEND ♦- 000 WEEK DAY PM PEAK HOUR TRAFFIC 0 2008 PHASE 1 BUILD -OUT TURNING MOVEMENTS Figure 7 ALLIGATOR ALLEY PUD Agenda Item No. SB February i 3. 2007 Page 109 of 203 as a result of the added development traffic, but this intersection will likely not operate acceptably until Davis Boulevard is six - land. As for the site access intersections, all Level of Service deficiencies are shown on the site access driveways. Thus, Davis Boulevard will not be adversely impacted as a result of the addition of Phase 1 traffic at these intersections. All Level of Service deficiencies will be experienced within the project site, and no impact will be experienced on Davis Boulevard as a result. It should be noted that the site access intersections to Davis Boulevard will operate acceptably after the six - laning of Davis Boulevard is completed. The Market Street intersection will likely operate under signalized conditions upon the six - laning of Davis Boulevard. However, the access management on Davis Boulevard will be determined prior to the future six - laning of this roadway. Turn lanes will be required as a result of the proposed Alligator Alley PUD development. The turn lanes have already been negotiated at Joyrose Place and Bedzel Drive as a part of the Market Street connection to Davis Boulevard. Therefore, no turn lane improvements will be required as a result of the Phase 1 traffic associated with the Alligator Alley PUD. VIII. CONCLUSION The proposed Alligator Alley PUD commercial development located in the northwest corner of Davis Boulevard's intersection with Collier Boulevard within Collier County, Florida will require phasing in order to meet Collier County concurrency requirements. A Certificate of Adequate Public Facilities has been obtained for 130.000 square feet of commercial development for the first phase within the Alligator Alley PUD. Phase Z of the Alligator Alley PUD will be subject to the Collier County concurrency management guidelines upon submitting for development permits. Sufficient capacity is not anticipated to be available on Davis Boulevard until such tine as the six- laning of this roadway can be included within this analysis pursuant to Collier County Land Development Code guidelines. Page 17 G,Ipen a item No. EB b 3, )0 7 Pa 10 J' 2) 03 ,0 Based on the analysis contained within this report, the segment of Davis Boulevard adjacent to the frontage of the site will remain concurrent after the six - laning of Davis Boulevard from Collier Boulevard to west of Radio Road. Currently, funding for this improvement is not indicated within the 2006 /07- 2010 /2011 Florida Department of Transportation Draft Tentative Work Program. Therefore, as a part of this analysis, the six- laving of Davis Boulevard was not assumed complete until the year 2015. At such time, sufficient capacity will be available to accommodate the traffic generated by the entire Alligator Alley PUD. Intersection analysis was performed as a result of this analysis based on the traffic generated by Phase 1 of the Alligator Alley PUD. No intersection analysis was performed as a result of Phase 2 at this time because the intersection improvements to Davis Boulevard as a result of the widening of this roadway are not known at this time. However, intersection analysis at these locations will be required upon submittal for an SDP for Phase 2 of the Alligator Alley PUD. Based on the results of the Phase 1 intersection analysis, no Level of Service deficiencies are created on Davis Boulevard as a result of the added Alligator Alley PUD Phase 1 traffic. All level of Service deficiencies are either pre - existing conditions or will be confined completely within the subject site, thus not impacting the through traffic on Davis Boulevard. Turn lanes arc required as a result of the proposed Alligator Alley PUD development. The turn lane improvements have been negotiated with FDOT and Collier County as a result of the Market Street connection to Davis Boulevard. These turn lane improvements will he constructed as a part of the Davis Crossings development on the south side of Davis Boulevard, Davis Crossings is currently in the SDP approval process. \k:\2004VA \t2\report.dor Paac 18 \ Agenda item No. 3B February 13, 2007 Page 111 of 203 I- 751ALLIGATOR ALLEY COMMERCIAL PUD COLLIER COUNTY ENVIRONMENTAL IMPACT STATEMENT cop August 2004 Revised April 2005 Revised July 2005 Revised October 13, 2005 Prepared For: Benderson Development Company 8441 Cooper Creek Boulevard University Park, Florida 34201 (941) 359 -9482 Prepared By: Passarella and Associates, Inc. 9110 College Pointe Court Forl M)1ers, Florida 33919 (239) 274 -0067 Project No. OOBDC525 4 I I I I , i i f i • s . TABLE OF CONTENTS Introduction..................... ............................... . .............. . .. . ? nom '12 '�` 2 3 Page ........................ I ....... I ..... ..... l 3.8.5.1 Applicant Information ................................................................. ..............................1 3.8.5.2 Mapping and Support Graphics .................................................. ..............................1 3.8.5,3 Project Description and GMP Consistency Determination ......... ..............................4 3.8.5.4 Native Vegetation Preservation .................................................. ..............................8 3.8.5.5 Wetlands ...................................................................................... .................. :..........10 3.8.5.5 1 Surface and Groundwater Management.......... ............................ ................ ..............13 3.8.5.7 Listed Species ....................................... ............................... .............................14 3.8.5.8 Other ........... ............................................................................... .............................17 References................................... ............................... i ........... . .............. .............................19 Y I i i Figure I A en- a it ern No. aB FebrUary 13. 2007 Page 113 of 203 LIST OF FIGURES Pave ProjectLocation Map ......................,................,....................... ..............................2 ii i i Agenda item No. 3B February 13, 2007 Page 1,114 of 203 LIST OF TABLES Page Table 1. Habitat /FLUCFCS Types and Acreages .................................. ..............................3 Table 2. SFWMD /Collier County Wetlands and "Othe -r Surface Waters" .........................11 Table I Wetland and "Other Surface Waters" Impact Summary .......... .............................12 Table 4. Listed Wildlife that Could Potentially Occur .......................... .............................14 Table 5. Listed Plant Species that Could Potentially Occur .................. .............................17 lli f 1 ' Agenda Item No. 33 February 13, 2007 Page 115 of 203 LIST OF EXHIBITS p_ age iExhibit A. Resumes ............................................................................... ............................... A -1 Exhibit B. Aerial Photograph with FLUCFCS Overlay Exhibit C. FLUCFCS and Wetland Map ....................... ............................... .....................0 -1 Exhibit D1. Proposed Paving, Grading, and Drainage Plan ' Exhibit D2, Existing Site Drainage Plan with Topographic Elevations ................................. D -2 ExhibitE. Soils Map .................................................. ............................... ............................E -1 Exhibit F. Conceptual P.U.D. Master Plan and Proposed Site Development Plan ...............F -1 Exhibit G. Site Plan with Off -Site Preserves ......................................... ............................... G -1 Exhibit H. Project Location with Land Use Designations ..................... ............................... H -1 Exhibit 1. SFWMD Surface Water Management Permit ......................... : ........................... 1 -1 i Exhibit J. Native Vegetation Map .............................................................. .......................... J -1 i ExhibitK. i Preserve Map ....................................................................... ............. ;................. K -1 } Exhibit L. Wetland Impact Map ................................................................ ............................L -1 Exhibit M. I Listed Species Survey ............................................................. ............................M -1 } iv Aaenda Item No. 3B February 13, 2007 Page 116 of 203 List of Exhibits (continued) Pale Exhibit N. Water Quality Analysis Report ............................................ ............................... N -1 Exhibit O. Occurrence of FWCC Listed Species .................................. ............................... 0-1 Exhibit P. Florida Department of State Correspondence........ ................... ............................P -1 v Agenda Item No. 8B February 13, 2007 Page 117 of 203 INTRODUCTION This report represents the Collier County Environmental Impact Statement (EIS) for the Alligator Ailey PUD, This EIS has been prepared in accordance with Division 3.8 of the Collier County Land Development Code (October 30, 1991, as amended February 11, 2004). 3.8.5.1 APPLICANT INFORMATION A. Responsible person who wrote the EIS and his /her education and job related environmental experience. Kenneth Passarella and Harry Spotts, Passarella and Associates, Inc. Consulting Ecologists. A copy of their resumes is enclosed as Exhibit A. B. Owner(s) agent(s) name, address, phone number & e -mail address. 1 Benderson Development Group 8441 Cooper Creek Boulevard University Park, Florida 34201 Phone: (941) 359 -9482 Email; daveustafson(a�benderson.com i 3.8.5.2 MAPPING AND SUPPORT GRAPHICS A. General location map. A project location map is provided as Figure 1. B. Native habitats and their boundaries shall be identified on an aerial photograph of the site extending at least two hundi -ed (2 00) feet outside the parcel boundary. This does not mean the applicant is required to go onto adjoining properties. Habitat identification consistent with the Florida Department of Ti ansyort ation - Florida Land Use Cover and Forms Classification System shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the count. Other scale aerials may be used where appropriate for the size of the project, provided the photograph and overlays are legible at the scale provided. A legend for each of the FLUCFCS categories found on -site shall be included on the aerial. The vegetation associations and land uses were mapped utilizing the Florida Land Use, Cover and Forms Classification System {FLUCFCS) Levels III and IV (Florida Department of Transportation 1999). Level IV was used to denote exotic infestations, anthropogenic disturbances, and hydrological conditions. An aerial photograph with FLUCFCS mapping is 1 1 42'//•7 k�! /�,i ;W, e da ALE fii ! "b, CB Page 118 of x'03 IT COLLIER COUNTY g i ' n P • _.......- .--.�1 m. a 0 m } PROJECT LOCATIONL GOLDEN GATE BLVD - II 1 ' SEC 34, TWP 49 S, RGE 26 E - — 1_75— I 1 �� fII� t ��RkDID RD e 16 CH� m DAMS BLVD U R' y q— a _ 1� PASSARELLA and ASSOCIATES IATC FIGURE 1. PROJECT LOCATION MAP Consulting .E'colog'ists 8 1--75 ALLIGATOR ALLEY C.P.U.D. DRAWN BY: D.H. DATE: 7/22/04 1= 2 ,- t C. D. i E. F Agenda {tern No. 8B �ubruary 13, 2007 Page 119 of 203 enclosed as Exhibit B. A FLUCFCS and wetlands map of the property is provided as Exhibit C, and an acreage breakdown of the habitat types is provided in Table 1. Table 1. Habitat /FLUCFCS Types and Acreages Topographic map and existing drainage patterns ifapplicable. Where possible, elevations within each of FL UCFCS categoHes shall be provided. A proposed paving, grading, and drainage plan is included as Exhibit D1. Topographic elevations are_ included on the Existing Drainage Plan shown as Exhibit D2, Soils map at scale consistent with that used for Florida Department of Transportation - FIorida Land Use Cover and Forms Classification System determinations. According to the Collier County Soils Map, only one soil type, Pineda Fine Sand (Soil Map Unit 14) was found on the property (Exhibit E). Proposed drainage plan indicating basic flow patterns, outfall and off -site drainage, Please see the Conceptual P.U.D. Master Plan and Proposed Site Development Plan enclosed as Exhibit F. Development plan includingphasing program, service area of existing and proposed public facilities, and existing and proposed transportation network its the impact area. Please see the Conceptual P.U.D. Master Plan and Proposed Site Development Plan enclosed as Exhibit F. 7 140 Commercial and Services 4.65 11.4 411 Pine Flatwoods 0.75 1.8 422 Brazilian Pepper 0.12 6.3 514 Ditch 0.21 0.5 740 Disturbed Land 17.48 42.9 747 Berm 2.49 6.1 814 Road 2.39 5.9 920 Wetland Mitigation Area, Forested 7.58 18.6 921 Wetland Mitigation Area, Herbaceous 5.12 12.5 Total 40.79 100.0 Topographic map and existing drainage patterns ifapplicable. Where possible, elevations within each of FL UCFCS categoHes shall be provided. A proposed paving, grading, and drainage plan is included as Exhibit D1. Topographic elevations are_ included on the Existing Drainage Plan shown as Exhibit D2, Soils map at scale consistent with that used for Florida Department of Transportation - FIorida Land Use Cover and Forms Classification System determinations. According to the Collier County Soils Map, only one soil type, Pineda Fine Sand (Soil Map Unit 14) was found on the property (Exhibit E). Proposed drainage plan indicating basic flow patterns, outfall and off -site drainage, Please see the Conceptual P.U.D. Master Plan and Proposed Site Development Plan enclosed as Exhibit F. Development plan includingphasing program, service area of existing and proposed public facilities, and existing and proposed transportation network its the impact area. Please see the Conceptual P.U.D. Master Plan and Proposed Site Development Plan enclosed as Exhibit F. 7 r: 3lC 3 1a_,m 1,Jc oB Febrk;ary ' 3. 2007 rage 120 of .203 G. Site plan showing preserves on -site, and how they align with preserver on adjoining and neighboring properties. Include on the plan locations ofproposed and existing development, roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservation lands, conservation acquisition area, major flow ways and potential wildlife corridors. Please see the Site flan and Preserve Areas Map enclosed as Exhibit G I-I: For properties in the RLSA and RFMUDistricts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. Please see the Project Location with Land Use Designations Map enclosed as Exhibit H. The project lies within the Mixed Use Activity Center Subdistrict and the Interchange Activity Center Subdistrict. The project does not lie within the RLSA or RFMU Districts. 3.8.5.3 PROTECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION A. Provide an overall description of the project with respect to environmental and water management issues. The Alligator Alley PUD is 40.79± acres and is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida (Figure 1). The project site is located at the southwest interchange of I -75 and State Road 951. Areas surrounding the property include undeveloped .forested land to the west, the 1 -75 interchange to the north, State Road 951 to the cast, and Davis Boulevard to the south. A 1" = 200' scale aerial of the project site is attached as Exhibit B. The subject property is also located in Interstate Activity Center No. 9 according to the Future Land Use Element, which makes it eligible for commercial uses. The project is a modification to an existing PUD known as the 1 -75 /Alligator Alley PUD (Ordinance No. 89- 82). Some commercial uses presently exist and include an existing motel that was approved for 107 motel units along with a manager's apartment, an existing Taco Bell, and an existing McDonalds along the Davis Boulevard road frontage. The parcel consists of a combination of access roads, developed commercial areas, fill pads, surface water management systems, and a wetland mitigation area. The main entrance road is an access loop road that surrounds disturbed filled areas. Also, a berm exists around the wetland mitigation area. Access to the subject property is provided from two access points that currently exist, and one is proposed to be relocated approximately 50 feet to the cast. The easterly most access allows only for right -in /right -out, and the westerly entrance allows for left - in/left-out and right- in/right -out. Access is also proposed to be shared with the East Gateway PUD, avacant H Agenda. item No. 8S February 13, 1-007 Page 121 of 203 commercial /industrial development located to the west of the subject property with a signalized intersection at a future date. Florida Department of Environmental Regulation (FDER) PermitNo.111559019 was issued for the property on May 26, 1989. The FDER permit identified 28,80 acres of wetlands on the property. The FDER permit authorized impacts to 17.75 acres of jurisdictional wetlands. The FDER mitigation plan required the creation of 1.65 acres of wetlands from upland, enhancement of 11.05 acres of wetlands, and the preservation of 0.75 acres of uplands. The total conservation area for the FDER permit was 13.45 acres. U.S. Army Corps of Engineers (Corps) Permit No.88IPP -21061 was issued for the property on July 24, 1989. The Corps permit identified 28.00 acres of jurisdictional wetlands on the property. The Corps permit authorized impacts to 18.50 acres of jurisdictional wetlands. The Corps mitigation plan required the creation of 3.15 acres of wetlands from uplands and the enhancement of 10.30 acres of wetlands. The total Corps conservation area was 13.45 acres. In addition, a 2.31 acre 20 foot maintenance- easement was required to surround the wetland preserve. As proposed, the maintenance easement was required to be planted with upland tree species. South Florida Water. Management District (SFWMD) PermitNo.11- 00556 -S (Exhibit I) was issued for the property on June 15, 1989. The SFWMD permit identified 28.10 acres of jurisdictional wetlands. The SFWMD mitigation plan required the creation of 3.00 acres of �. deep marsh surrounded by 9.70 acres of forested wetland and the preservation of 0.75 acres of pine flatwoods adjacent to the wetland mitigation area. The total SFWMD conservation area was 13.45 acres. In addition, the mitigation plan required a 20 foot wide, 2.30 acres, landscape buffer /maintenance easement planted with native herbaceous, shrub, and tree species to surround the created wetland area. Since issuance of the above referenced permits, the project site was cleared and filled. The site currently supports 7.58 acres of Wetland Mitigation Area, Forested (FLUCFCS Code 920); 5.12 acres of Wetland Mitigation Area, Herbaceous (FLUCFCS Code 921); and 0.75 ! acres of Pine Flatwoods (FLUCFCS Code 411) (Exhibit J). The wetland mitigation areas have been unsuccessful (Exhibit K). The Wetland Mitigation Area, Forested (FLUCFCS Code 920) consists of dead pine (Pinus elliottii), cypress (Taxodium distichurn), melaleuca ( Melalueca quinquenervia), and torpedo grass (Panicurn repens). The Wetland Mitigation Area, Herbaceous (FLUCFCS Code 9211), is dominated by torpedo grass and cattails (Typha sp.). The level of exotics found within the wetlands range from 25 to 80 percent melaleuca seedlings and torpedo grass. During the initial stages I of planting, the organic top layer of soil was removed. This is an attributing factor to the failure of the wetland plantings. Also, human disturbance by the use of all terrain vehicles during the dry season has also contributed to the degradation of the wetland mitigation areas. The construction of the project will result in wetland impacts to 7.28± acres of the current on -site mitigation wetlands and 0.16± acre of "Other Surface Waters." As discussed, these 'genda item No. 8B February 13, 2207 P a ie 12 2 of 2G3 wetland impacts are to an unsuccessful wetland mitigation area. A Wetland Impact Map is shown as Exhibit L. The current site plan will preserve an area that will consist of planted native vegetation in the northern portion of the project. This area will also serve as a stormwater treatment area. The previously permitted wetland impacts (that were originally mitigated on -site) will be mitigated off -site by purchasing credits at a wetland mitigation bank. A Wetland Rapid Assessment Procedure (WRAP) analysis will be conducted during the SFWMD review process, and the appropriate mitigation credits will be purchased from a wetland mitigation bank. The project will pretreat stormwater in a dry detention area on the west side of the property. From.there the stormwater will be directed into the wetland preserve areas to provide storage. The wetland preserves on the northern portion of the project will receive the pretreated water to maintain hydrology and provide additional storage. The water would then be discharged off-site through a spreader swale. This process should maintain the enhanced wetlands at the front of the site and reduce the need for on -site fill, The current site plan for the project preserves 6.12± acres (15 percent) of the property. The preserves include 5.42E acres of wetlands and 0.70± acre of uplands. In addition, 0.05E acre of "Other Surface Waters" will be preserved. Wetland and upland enhancement will include the removal of exotic and nuisance vegetation and supplemental planting. In addition to avoiding and minimizing wetland impacts, the project was designed to avoid secondary impacts to the preserved wetlands. Design criteria to minimize secondary impacts include the establishment of structural buffers. B. Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan, where applicable. Objective 2.2 of the Conservation and Coastal Management Plan states, "All canals, rivers, and flow -ways discharging into estuaries shall meet all applicable federal, state, or .local water quality standards." To accomplish that; Policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system." This project is consistent with the objectives of Policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing dry retention/detention and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events, The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation and Coastal Management Element, for the following reasons: M Agenda Item No. 3B February 13. 2007 Page 123 of 203 The required 15 percent of the previously existing native vegetation will be recreated on -site and set aside as preserve areas with conservation easements prohibiting further development. Selection of preservation areas is consistent with the criteria listed in Policy 6.1.1. • Habitat management and exotic vegetation removal /maintenance plans will be required at the time of site development plan/construction plan submittal. Preserve areas shall' be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. • Littoral shelf planting areas within wet detention ponds shall be required at the time of site development plan/construction plan submittal and will be required to meet the minimum planting area requirement in Policy 6.1.7. • The requirement for an EIS pursuant to Policy 6.1.8 has been satisfied. • Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6,2.2. Agency permits will be required at the time of site development plan/construction plan submittal. As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the urban designation and require mitigation for such impacts, this shall be deemed to meetthe objective of protection and conservation of wetlands and the natural functions of wetlands within this area. All areas of the project that are in the conservation designation area will remain as preserve areas and will be placed under a conservation easement to the state. • In accordance with Policy 6.2,6, required preservation areas are identified on the PUD master plan. Allowable uses within the preserve areas are included in the PUD document. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. • In accordance with Policy 7.1.2, a listed species survey was conducted on the property, and no listed species were identified on the subject property (Exhibit M). • In accordance with Policy 11.1.2, correspondence was obtained from the Florida j Department of the State regarding possible archaeological or historical sites within the project area during the SFWMD permit review process for SFWMD PermitNo. 11- 00556 -S (Exhibit I), No archaeological or historical sites are known to be present within the project area, 7 ° ya ary 13, 10 '; 3.8.5.4 NATIVE VEGETATION PRESERVATION A. Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Provide a description of each of the FL UCFCS categories identified on site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common, and occasional). A description of each FLUCFCS type with the acreage of this habitat type found on the project site is as follows: Commercial and Services (FLUCFCS Code 140) This upland land use consists of existing commercial development and.impervious surfaces. This area is located in the southwest portion of the parcel and totals 4.65± acres or 11.4 percent of the site. Pine Flatwoods (FLUCFCS Code 411) This upland habitat is found in one area in the northern portion of the parcel, which totals 0.75± acre or 1.8 percent of the site, respectively. The canopy contains slash pine (Pinus elliottii) and melaleuca. The sub - canopy consists of wax - myrtle (Myrica cerifera), cabbage palm (Sabal palmetto), and Brazilian pepper (Schinus terebinthifolius). The ground cover is dominated by saw palmetto (Serenoa repens). Brazilian Pepper (FLUCFCS Code 422) This upland habitat is located in the southeastern portion of the site and occupies 0.12+ acre or 0.3 percent of the site. The canopy and sub- canopy strata are dominated by Brazilian pepper. The ground cover contains caesar -weed (Urena lobata) and spernlacoce (Spermacoce verticillata). Ditch (FLUCFCS Code 514) Numerous ditches are located around the perimeter of the roads and existing development areas. They total 0.21± acre or 0.5 percent of the site. They are typically bordered by exotics such as melaleuca and Brazilian pepper. The ground cover in some areas is absent; while in others it can include cattail, duck potato (Sagitteria lancifolia), and pickerelweed (Pontederia cordata). Disturbed Land (FLUCFCS Code 740) This upland habitat is considered disturbed and consist of previously cleared and filled land, which totals 17.48± acres or 42.9 percent of the site. The canopy and sub - canopy consist of scattered slash pine, Brazilian pepper, earleaf acacia (Acacia auriculiformis), and melaleuca, The ground cover includes finger grass (Eustachys sp.), Florida tickseed (Coreop.sis .floridana), wire grass (Aristida stricta), and poison ivy (Toxicodendron radicans). Agenda item trio. 3B February 13, 2007 Page 125 of 203 Berm (FLUCFCS Code 747 This upland land use is located around the northern and middle portions of the parcel, which totals 2.49± acres or 6.1 percent of the site. The canopy is dominated by slash pine and laurel oak (Quercus laurifolia) with buckthorn (Sageretia minutiflora), myrtle oak (Quercus myrt folio), and Brazilian pepper scattered in the sub - canopy. The ground cover includes saw palmetto, beauty -bush (Callicarpa americana), smooth cordgrass (Spartina bakery), and grapevine (Vitis rotundifolia). Roadway (FLUCFCS Code 814) This upland habitat totals 2.39± acres or 5.9 percent of the site and consists of impervious areas. _Wetland Mitigation Area Forested (FLUCFCS Code 920) This habitat is a wetland creation area located in the northern portion of the project, which totals 7.58± acres or 18.6 percent of the site. The vegetation in these areas consists of a vacant canopy. The mid- canopy consists of dead and sparsely scattered live cypress (Taxodium distichum), slash pine, and melaleuca. The ground cover is dominated by torpedo grass and melaleuca seedlings, Wetland Mitigation Area Herbaceous FLUCFCS Code 921 This habitat is a wetland creation area that totals 5.12± acres or 12.6 percent of the site. The canopy and sub - canopy is vacant. The ground cover is dominated by torpedo grass with scattered cattails. B. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Division 3.9 of the Land Development Code. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact, per FLUCFCS category. The property lies within the urban designation of the Collier County Future Land Use Map. According to the vegetation preservation and retention standards for commercial and industrial development for an area of greater than 5.0± acres, a minimum of 15 percent of the native vegetation areas located on the subject property will be recreated. It is estimated that the entire site originally supported native vegetation. The undeveloped portions of the site are currently failed mitigation and 0.75± acre of Pine Flatwoods (FLUCFCS Code 411). The native vegetation calculation is based on the entire site acreage. A Native Vegetation Map is provided as Exhibit J. i The proposed project design has incorporated 5.42± acres of mitigation wetlands and 0.701 acre of the existing pine flatwoods as preserve within the development plan. At post- .. development, these wetlands and uplands will be enhanced by the removal of exotics. The preserved and enhanced wetlands and uplands will be placed under a conservation easement. iebr,,;ary 13, 207 Page 126 of 2C3 This preserve will meet the native vegetation requirement for this property. A Preserve Map for the project is provided as Exhibit K. C. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element, of the Growth Alanal ement Plan and Division 3.9 of the Land Development Code. For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code. Not applicable. D. Have preserves or acreage requirements for pr °eservation previously been identif ed for the site during previous development order approvals? Ifso, identify the location and acreage of these preserves, and provide an explanation if they are different from what is proposed. A Collier County PUD named I -75 /Alligator Alley PUD (Ordinance No. 89 -82) was issued for the project. There is an area designated for preservation on the northern portion of the property. This preserve area, as previously discussed, was an unsuccessful attempt at mitigation for the previously approved 951 Commerce Project. Due to the lack of success of this mitigation area, the SFNVMD has agreed that the off-site purchase of mitigation credits from the Panther Island Mitigation Bank would offset impacts on the project site. E. For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provide an explanation as to why these are being impacted or preserved. There are no areas with Special Treatment overlays located within the subject property, 3.8.5.5 WETLANDS A. Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6.2,1 and 62.2 of the Conservation and Coastal Management Element of the Groi4;th Management Plan) according to the Morida Land Use Cover and Forms Classification System (FLUCFCS), Include a description of each of the FLUCFCS categories identified on -site by vegetation type (species), vegetation composition (canopy, midstory, and ground cover) and vegetation dominance (dominant, common, and occasional). Yf'etland determinations are required to be verified by the South Florida Water Management District or Florida Department of Environmental Protection, prior to submission to the County. FDER Permit No. 111558019 was issued for the property on May 26, 1989. The FDER permit identified 28.80 acres of wetlands on the property, The FDER permit authorized impacts to 17.75 acres of jurisdictional wetlands. The FDER mitigation plan required the a Agenda Item No. 3B February 13, 2007 Page 127 of 203 creation of 1.65 acres of wetlands from upland, enhancement of 11.05 acres of wetlands, and the preservation of 0.75 acres of uplands. Corps Permit No. 98IPP -21061 was issued for the property on July 24, 1989. The Corps permit identified 28.00 acres of jurisdiction wetlands on the property. The Corps permit authorized impacts to 18.50 acres of jurisdictional wetlands. The Corps mitigation plan required the creation of 3.15 acres of wetlands from uplands and the enhancement of 10.30 acres of wetlands, In addition, a 2.31 acre 20 foot maintenance easement was required to surround the wetland preserve. As proposed, the maintenance easement was required to be planted with upland tree species, SFWMD Permit No. 11- 00556 -S was issued for the property on June 15, 1989. The SFWMD permit identified 28.10 acres of jurisdictional wetlands. The SFWMD mitigation plan required the creation of 3,0 acres of deep marsh surrounded by 9.7 acres of forested wetland and the preservation of 0.75 acres of pine flatwoods adjacent to the wetland mitigation area. In addition, the mitigation plan required a 20 foot wide, 2.30 acres, landscape buffer /maintenance easement planted with native herbaceous, shrub, and tree species to surround the created wetlAn.d area. i The site currently supports 7.58 acres of Wetland Mitigation Area, Forested (FLUCFCS Code-920); 5.12 acres of Wetland Mitigation Area, Herbaceous (FLUCFCS Code 921); and 0.75 acres of Pine Flatwoods (FLUCFCS Code 411). There are 12.70± acres of SFWMD /Collier County jurisdictional wetlands and 0.21 ±acre of SFWMD /Collier County "Other Surface Waters" currently on the property (Exhibit C). The wetlands are composed of two FLUCFCS types: Wetland Mitigation Area, Forested (FLUCFCS Code 920) and Wetland Mitigation Area, Herbaceous (FLUCFCS Code 921). Table 2 provides a breakdown of the wetland acreage for the site, and a description of each wetland FLUCFCS type follows. Table 2. SFWMD /Collier County Wetlands and "Other Surface Wafers" Ditch (FLUCFCS Code 514) Numerous ditches are located around the perimeter of the roads and existing development areas. They total 0.21 ± acre or 0.5 percent of the site. They are typically bordered by exotics such as melaleuca and Brazilian pepper. The ground cover in some areas is absent, while in others it can include cattail, duck potato, and pickerelweed. 11 ycCiC i 71 i'•j ^,.:ice r�ebru ary 13, `"',i }7 =ale ,?3 of 20.:; Wetland Mitigation Area, Forested (FLUCFCS Code 920) This habitat is a wetland creation area located in the northern portion of the project, which totals 7.58+- acres or 18.6 percent of the site. The vegetation in these areas consists of a vacant canopy. The mid - canopy consists of dead and sparsely scattered live cypress, slash pine, and mclaleuca. The ground cover is dominated by torpedo grass and inelaleuca seedlings. Wetland Mitigation Area, Herbaceous (FLUCFCS Code 921) This habitat is a wetland creation area that totals 5.12± acres or 12.6 percent of the project site. The canopy and sub- canopy is vacant. The ground cover is dominated by torpedo grass with scattered cattails. B. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators, Indicate how the project design iinproves /affects pre development hydroperiods. Provide a narrative addressing the anticipated control elevations) for the site. The water control elevation for this project has been set at 9.5 feet NGVD based on the previously permitted control elevation (SFWMD Permit No. 11- 00556 -5) (Exhibit 1). The minimum edge of pavement and perimeter berm elevation has been set at 12.0 feet NGVD. C. Indicate the proposed percent of defined wetlands to be impacted and the effects ofproposed impacts on the functions of these wetlands, Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on -site. Describe how impacts to wetlands have been nzininaized. The project development will result in impacts to 7.28± acres of SFWMD /Collier County jurisdictional wetlands and 0. 16± acre of SFWMD /Collier County "Other Surface Waters" (Table 3). The proposed wetland impacts are shown on Exhibit L. Table 3. Wetland and "Other Surface Waters" Impact Summary r F'LUCT+'C'_ Total Nat Impacted Izripact I3abitat `I'y (Acres) SrzC Side Impact Type 4 {Acx es) , , Ditch 514 0.21 0,05 0.16 Fill Wetland Mitigation Area, Forested 920 7.58 4.67 2.91 Fill Wetland Mitigation Area, Herbaceous 921 5.12 0.75 4.37 hill Total 12.91 5.47 7.44 Fill Following project development, the proposed function of the preserved wetlands should increase. There will be enhancement of the preserved wetlands and uplands by the removal 12 Agenda Item Flo. 8B February 13, 2807 Page , 20 of 203 of exotics and the implementation of a stormwater management system, which will allow the wetland areas to receive adequate hydrology. D. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the RFMUDistrict, provide an assessment, based on the South Florida Management District's Uniform Mitigation Assessment Method, that has been accepted by either the South Florida Water Management District or Florida Department of Environmental Protection. For sites outside the RFAIU District, and where higher quality wetlands are being retained on -site, provide justification based on the Uniform Mitigation Assessment Method, Since the wetland impacts for the project are proposed to be mitigated off- -site at awetland mitigation bank, the wetland will be assessed using SFWMD's WRAP analysis. It is estimated that 17.28 forested and herbaceous wetland mitigation credits will need to be purchased from a wetland mitigation bank. 3.8.5.6 SURFACE AND GROUNDWATER MANAGEMENT ! A. Provide an overall description of the proposed water management system explaining how it works, the basis of design, historical drainage flows, off -site flows coming in to the system and how they will be incorporated in the system or passed around the system, positive outfall availability, Wet Season Water Table and .Dry Season Water Table, and how -they were determined, and any other pertinent information pertaining to the control of the storm and j ground water. The project's water management system is designed to pretreat stormwater in a dry detention area on the west side.of the property. From there, the stormwater will be directed into the wetland preserve areas to provide storage. The wetland preserves on the northern portion of the project will receive the pretreated water to maintain hydrology and provide additional storage. The water would then be discharged off -site through a spreader swale. This process should maintain the enhanced wetlands at the front of the site and reduce the need for on -site fill. A Proposed Paving, Grading, and Drainage Plan is shown as Exhibit D 1. B. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected fr -om the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre- development conditions. This analysis is required for projects impacting five (S) or more acres of we The analysis shall be performed using methodologies approved by Federal and State water quality agencies. A water quality analysis using methodologies approved by federal and state water quality i agencies has been conducted as part of the Sl`WMD and Corps permit modification review process. A copy of this assessment is provided as Exhibit N. 13 4:ien-7 a it ;,m 11v0. SB e )rua,- v 131, 2DO7 aa° , 30 Oi ?ice C. Identify any Wellfteld Risk Management Special Treatment Overlay Zones (WKM -ST) within the project area and provide an analysis for how the project design avoids the most intensive i land uses within the most sensitive WRM-STs, No Wellfield Risk Management Zones exist within the project area, 3.8.5.7 LISTED ,SPECIES A. Provide a plant and animal species survey, to include at a minimum, listed species known to inhabit biological communities similar to those existing on -site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and -the U.S. Fish and Wildlife Service. State actual survey times and dates, and provide a map showing the location(v) of species of special status identified on -site. A listed plant and wildlife species survey was conducted by Passarella and Associates, Inc. on June 29, 2004, The survey methodology and results are provided as Exhibit M. No listed species were identified on the property during the listed species survey or during any other site visits. B. Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. The proximity of listed species to the project site as recorded by the Florida Fish and Wildlife Conservation Commission (FWCC) is provided as Exhibit 0. Listed wildlife species that were not observed, but that have the potential to occur on the project site are listed in Table 4, Information used in assessing the potential occurrence of these species included Rare and Endangered Biota of Florida Volume I. Mammals (Humphrey 1992), Volume III; Amphibians and Reptiles (Moler 1992); Volume V. Birds (Rodgers et al. 1996); and personal experience and knowledge of the geographic region. Table 4. Listed Wildlife that Could Potentially Occur 14 Des nated State Iial�itati;, l' ; Sctenttt7c Narne Common Natne ,TM '" (FLUIi+t3S, t,i Tt1?VCG USFWS Am hibigns aird Reptiles Rana capito Go leer Frog SSC - 411 Dsymarchon corais coup err Eastern Indigo Snake T T 411 Go herus col ohewus Go her Tortoise SSC 411 I3�rcls- ' _ _.. . T. retta Chula Snowy Egret SSC - 514/920/921 Endoctunis albus White Ibis SSC - 514/920/921 14 Agenda item No. 8B February 13, 20G7 Page 131 of 203 Table 4. (Continued) Y ! 1 Lys � +. -�. J �,L -J t Q.. il�.1� 1 Yia {C(1 �Cr�ttlJ' d tl Ct�,tiir�,f'��li►�,� "'*6k{�� 15f � i t A ICA 14 ;. . ` Se Birds o�nir JAI ue 4jaia ajaja Roseate Spoonbill SSC - 514/920/921 Aramus guarauna Lim kits SSC - 514/920/921 M cteria americana Wood Stork E I E 514/920/921 Southeastern American Falco sparverius paulus T _ 411 Kestre Haliaeetus leucocephalus Bald Eagle T T 411 Red - cockaded Picoides borealis T g 411 Woodpecker Big Cypress Fox T 411 Sc.iurus niger avicennia _ S uin•el Felis concolor cor it Florida Panther E E 411/920 s` FWCC -- Florida Fish and Wildlife Conservation Commission USFWS — U.S. Fish and Wildlife Service SSC — Species of Special Concern i T — Threatened E — Endangered T (S /A)— Threatened due to similarity of appearance Gopher Frog (Rana areolata) The gopher frog could potentially occur within upland Pine Flatwoods (FLUCTCS Code 411) habitats on the project site and is typically only found in association with populations of gopher tortoise. No gopher tortoise burrows were found on -site. Eastern Indigo Snake (Drymarchon corals couperi) The Eastern indigo snake could potentially occur within the native upland and wetland habitats on the project site. The Eastern indigo snake is far ranging and may utilize activity areas of 125+ to 250+ acres or more (Moler 1992). The Eastern indigo snake is typically found in association with populations of gopher tortoise. No gopher tortoise burrows were observed on the project site. Gopher Tortoise (Gopherus Ol hemus Potential gopher tortoise habitat exists in the Pine Flatwoods (FLUCTCS Code 411) habitat on the project site. The habitat exists in the central portion of the property, although no gopher tortoise or their burrows were observed on -site. Snowv Earet (E2retta thula), White Ibis (Eudocimus albus), Roseate Spoonbill (Aiala aiaia), Limpkin Gran2us guarauna), and Wood Stork (Mycteria arnericana) Potential foraging habitat (fresh and saltwater wetlands) for the little blue heron, roseate spoonbill, limpkin, and wood stork occurs on -site. The Florida Atlas of Breeding Sites for Herons and Their Allies (Runde et al. 199 1) list no bird rookeries on the subject parcel. The 15 A:ienoa Item Igo. 8B "ebruary 13. 2007 P ace ? 32 of 203 nearest recorded bird rookery site is No. 620022 located along the east side of S.R. 951 in Rookery Bay over ten miles away in Section 9, Township 52 South, Range 26 East. This colony was last reported occupied by brown pelicans in 1989. The next closest rookery site is i No. 619160 located in Fakahatchee Strand over 17 miles away in Section 5, Township 49 South, Range 29 East. This colony was last reported occupied by non- listed species in 1989. Southeastern American Kestrel Falco sparverius Paulus) Potential habitat for Southeastern American kestrel may exist within the pine habitats on the project site (FLUCFCS Codes 411); however, the project site is at the southernmost extreme of the known range for this subspecies. Since 1980, observations of Southeastern American kestrel in Florida have occurred primarily in sandhill or sandpine scrub areas of north and central Florida (Rodgers et al, 1996), Bald Earle (Haliaeetus leucocephalus) Potential nesting habitat for bald eagle may exist witlun the Pine Flatwoods (FLUCFCS Code 411) habitat on the project site. A review of FWCC documented nest sites for eagle nest locations within the county shows a bald eagle nest approximately 2.9 miles from the project site Red - Cockaded Woodpecker (Picoides borealis) Potential foraging habitat for red- cockaded woodpecker may exist within the pine habitats (FLUCFCS Code 411) on the project site. However, the trees located on the project are small planted trees, most of which are dead. A review of FWCC documented nest sites for known red - cockaded woodpecker colonies within the county shows the closest known red- cockaded woodpecker colonies documented approximately one quarter mile from the project site, Big Cypress Fox Squirrel (Sciurus niger avicennia) Potential Big Cypress fox squirrel habitat exists within the upland pine and forested wetland habitats. Upland habitats on the project site have a dense understory of saw palmetto, which is considered undesirable as Big Cypress fox squirrel habitat. Florida Panther (yetis concolor corvi) The subject parcel does not occur within Priority 1 or 2 panther habitat according to a review of the Florida Panther Habitat Preservation Plan (Logan et al. 1993). Three radio - collar telemetry points from Florida panthers have been recorded within one mile of the project site. As previously described, most of the project site is impervious or disturbed land, while the preserve areas on the project site are adjacent to an interstate and State Road 951. These are not preferred habitat and are generally avoided by panthers (Maehr et al. 1991). In addition, the close proximity of neighboring development would deter any panthers from utilizing the site. No panthers or their sign (i.e., tracks, scat, etc.) were observed during the listed species surveys conducted on the property. Listed plant species that were not observed but have the potential to occur on the project site are listed in Table 5. Information used in assessing the potential occurrence of these species 1 .1 A I ,7 1 .I ,� F 41.,. uueu personall experience anu rinOw& AgC Ol uic gCOgrap xis. regrOri. 16 Agenda item No. 3B February 13, 2007 Page 1,333 of 203 Table 5. Listed Plant Species That Could Potentially Occur '� +4r I �` z s ',y, I t si r{l to t i,... a .,.,1.rx Tai a.,;... �. 5 . .::7r.mninn NariIP, ! Deeringothamnus White-squirrel-banana; E g 411 ulchellus Beautiful Pawpaw ,Zca is oHdana Florida Coontie C - 411 FDA — Florida Department of Agriculture USFWS — U,S. Fish and Wildlife Service E — Endangered C -- Commercially Exploited T — Threatened C. Indicate how the project design minimizes impacts to species ofspecial status.. Describe the ' measures that are proposed as mitigation for impacts to listed species. 1 Not applicable. No wildlife species were observed on the property. D. Provide habitat management plans for each of the listed species known to occur on the jproperly. For sites with bald eagle nests and /or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. I Not applicable. No wildlife species were observed on the property. i i . E. Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS), with regards to the project. Explain how the concerns of these agencies have been rnet. l No correspondence has been received from either the FWCC or the U.S. Fish and Wildlife I Service regarding this project. j 3.8.5.8 OTHE11 A. For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with the Marina Siting and other criteria in the Manatee Protection Plan. B. Not applicable. Include the results of any environmental assessments andlor audits of the property. If applicable; provide a narrative of the cost and measures needed to clean up the site. 17 Pace Of 21C'31 No Phase I Environmental Site Assessments or any other audits are known to exist for the subject property, The project was previously permitted for development under SFWMD Permit No. 11- 06556 -5 and Collier County Ordinance No, 89 -82. C. For site located in the Big Cypress Area of Critical State Concern — Special Treatment (ACSC -ST) overlay district, show how the project is consistent with the development standards and regulations established.for the ACSC -ST. Not applicable, E. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old faun fields, old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. Not applicable. F. Provide documentation for the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area. I Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate hou1 the project design preserves the historic /archaeological integrity of the site. Correspondence from the Florida Department of the State regarding possible archaeological or historical sites within the project area is included as Exhibit P. The review indicates that no significant archaeological or historical sites are recorded within the project area. 18 Agenda Item No. 8B February 13, 2007 Page 135 of 203 i REFERENCES Florida Department of Transportation. 1999, Florida Land Use, Cover and Forms Classification i System. Procedure No. 550 - 010 -00 La. Third Edition. i Humphrey, S.R. 1992. Rare and Endangered Biota of Florida. Volume 1. Mammals. University Press of Florida, Gainesville, Florida. j Logan, Todd, Andrew C. Eller, Jr., Ross Morrell, Dolma Ruffner, and Jim Sewell. 1993. Florida Panther Habitat Preservation Plan South Florida Population, U.S. Fish and Wildlife Service, Gainesville, Florida. l Maehr, D.S., E.D. Land, and J.C. Roof. 1991. Social ecology of Florida panthers. National Geographic Research and Exploration 7 (4); 414 -431. i Moler, Paul E. 1992. Rare and Endangered Biota of Florida. Volume III. Amphibians and Reptiles. University Press of Florida, Gainesville, Florida. i Rodgers, J.A., Jr., Herbert W. Kale, II, and Henry T. Smith. 1996. Rare and Endangered Biota of i Florida. Volume V, Birds. University Press of Florida, Gainesville, Florida. i Runde, D.E., J.A. Gore, J.A. Hovis, MS. Robson, and P.D. Southall. 1991. Florida Atlas of Breeding Sites for Herons and Their Allies, Update 1986 - 1989: Nonganie Wildlife Program Technical Report No. 10. Florida Game and Fresh Water Fish Commission, Tallahassee, Florida, 19 r.7 'i CA C1 rem No, uE3 r=ebruary 13, 2007 gage 136 of 203 I -75 /ALLIGA'T'OR ALLEY COMMERCIAL PUD AR -6417 PRESERVE AREA MANAGEMENT PLAN INTRODUCTION The following outlines the wetland enhancement, monitoring, and maintenance plan for the I- 75 /Alligator Alley Commercial PUD project located in Section 34, Township 49 South, Range 26 East, Collier County. The development of the Alligator Alley PUD project will result in impacts to 7.28± acres of South Florida Water Management District (SFWMD) jurisdictional wetlands and 0.16± acre of SMTMD "Other Surface Waters." A total of 5.421 acres of wetlands and 0.70± acre of upland preserve will be enhanced and preserved on -site. This includes wetland enhancement through hand removal of exotics and supplemental planting. Additionally, uplands have been preserved to meet Collier County native vegetation preservation requirements and will be enhanced through the removal of exotic vegetation. The SFW1v1D conservation area along with the Collier County preserve areas totals 6.12± acres. The on -site enhancement work will be done concurrently with the construction of the infrastructure and stormwater management system for the I -75 /.Alligator Alley Commercial PUD project. As part of the enhancement program for the SFIVMD, the preservation areas will be placed in a conservation casement, The wetland mitigation activities will be done concurrently with the construction of the surface water management system for the project. The mitigation areas will he placed under a conservation casement to the SFWNID. EXOTIC REMOVAL AND PLANTING PLAN Exotic removal will include all Category I exotic vegetation, as defined by the Florida Exotic Pest Plant Council's List of Invasive Species. The exotics to be eradicated include, but are not limited to, melaleuca (M'claleuca quinquenemia), Brazilian pepper (Schinus terebinthifolius), Australian pine (Casuarina equisetifolia), and downy rose- myrtle (Rhodomyrtus ton ?entosus). The on -site exotic removal work within the preserve area will be done concurrently with initial site clearing activities for the project. The hand removal of exotics from wetlands and uplands will include one or more of the following methods: (1) cut exotics within 12 inches of ground elevation, hand remove cut vegetation, and treat remaining sttunp with approved herbicide; (2) girdle standing mclalcuca and Australian pule with diameter at breast height greater than four inches and apply approved herbicide to cambium; (3) foiiar application of approved herbicide to melaleuca saplings, Brazilian pepper, Australian pine, and downy rose - myrtle; and (4) foliar application of approved herbicide or hand pulling of exotic seedlings. Passarella and Associates. Inc. I /00BDC525 4.-5/05 RE- SUBMITTAL PUDZ -A- 2004 -AR -6417 PROJECT #19990293 DATE: 5/11/05 MIKE DERV ITZ 1 of') Agenda Item fro. 8B February 13, 2007 Page 137 of 203 In areas where the density of melaleuca and Brazilian pepper trees exceeds 50 percent, cuttings will either be hand removed fiom the site or stacked in piles at approximately 100 root intervals. If left on the site, smaller melaleuca cuttings will be stacked butt end to the ground into a nearly vertical position (i.e., teepee method). Larger melalcuca cuttings will be cut and stacked side by side into an area approximately six feet on a side. Cuttings will be stacked perpendicular to the previous layer up to a height of approximately six feet (i.e., log cabin method). It should be noted that the first 75 feet of the preserve areas will have the exotics completely removed, per Collier County. Supplemental wetland plantings will be conducted in the wetland enhancement area. Tree plantings will include a minirnurn of two of the three species listed in Table 1, shrub plantings will include a minimum of two of the three species listed in Table 1, and ground cover plantings will include a minimum of two of the three species listed in Table 1. Planting densities for trees include 2,361 plantings (10 feet on center), shrubs include 9,444 plantings (5 feet on center), and ground cover will include 26,233 plantings (3 feet on center). Table 1. Supplemental Planting List PRESERVE SIGNAGE Signs identifying the preserve as a "Preserve Area Do Not Disturb" will be installed along the limits of the on-site conservation areas. FIRE MANAGEMENT To reduce the threat of wildfires within the preserve area, prescribed bunts may be utilized to remove excess vegetative growth and nuisance vegetation, such as vines. Controlled burning shall be conducted by a state certified bun- manager, and will be at the discretion of the developer �.. or horneowner's association. PassaTella and Associates, inc. 2 of 3 #OOBDC525 415/05 . ' w t Mlnitrllrrtr s yianf�ug id') �on.ew � Gotn ntrt I� t �esentt�ie'11Tu.me ��tj�h,��` j� t�#�ti'tdrd�r � ��yy� I i sngtra rarrr 44L .. � .a F: tTx. . .. n.• +:r F. �! 4 .." ,4�r�i J. .I yy p.fi: ✓"N 'yp - 1i�14V1 i i4 Cypress Taxodium distichum 14 ft. 10 gal, 10 ft. oc. Canopy Slash Pine Pinus elliottii 14ft. 10 gal. 10 ft. oc. Dahoon Holly Ilex cassine 14ft. 10 gal. 10 ft. oc. Cordgrass S artina bakeri 12 in. 7 gaL 5 ft. oc. Shrub Myrsine Ra anea punctata 12 in. 7 gal. 5 ft. oc. Wax- myrtle i M};cteria cerifera 12 in. 7 gal. 5 ft. oc. Sawgrass Panicum hemitomon 12 in. 1 gal. 3 ft. oc. Ground Wiregrass Aristida. stricta 12 in. 1 gal. 3 ft. oc. Cover Gulfdune Pas alum Pus alum monostachyum 12 in. 1 gal.. �3 ft. oc. PRESERVE SIGNAGE Signs identifying the preserve as a "Preserve Area Do Not Disturb" will be installed along the limits of the on-site conservation areas. FIRE MANAGEMENT To reduce the threat of wildfires within the preserve area, prescribed bunts may be utilized to remove excess vegetative growth and nuisance vegetation, such as vines. Controlled burning shall be conducted by a state certified bun- manager, and will be at the discretion of the developer �.. or horneowner's association. PassaTella and Associates, inc. 2 of 3 #OOBDC525 415/05 . The contact information for the preserve manager and the developer are as follows: Preserve Manager Harry Spotts Passarella and Associates, Inc. 9110 College Pointe Court Fort Myers, Florida 33919 (239) 274 -0067 harrys(iDpass arella.net lie:ida "Lein PVo. C Febrtiary 13. 2 D G image 1"'18 of 2C3 Developer Dave Gustafson Benderson Development Company 8441 Cooper Creek Boulevard University Park, Florida 34201 (941) 359 -8303 daveaustarsoiiQbencierson.com The preserve manager is responsible for overseeing the implementation of the preserve management plan; until such time that the homeowner's association takes over from the developer. Passarella and Associates, Inc. Y0013DC525 4/5105 3of3 1-75 Commerce Center Alligator Alley- PUD 40*,79'Acres Permit #11-00556-5 Amended Water Management Report By: Role Montes 950 Encore Way Naples, FL 34110 Agenda Item. No. 8E3 February 13. 2007 Page 139 of 203 N al, PE 26646 d i,.Xuthorizafion # 1.772 January 216, 2005 RE-SUBMITTAL PUDZ-A-2004-AR-6417 PROJECT #19990293 DATE: 5111105 MIKE DERUNTZ M r- -) yea dVW NOIIVOOI vaiao�� AINnoo uanioo Agenda Item No. 8B February 13, 2007 Faoe 141 of 203 ALLI'GATOR ALLEY PUD Narrative The subject 40.79 acre Alligator Alley PUD property is located in the northwestern quadrant of Davis Boulevard and County Road 951. This proposed modification to the stonn water management pe.=it has the latest site design for the entire 40.79 acres. We are applying for a construction permit for the entire site. The present (existing) permit shows a layout for commercial lots on the southern 24.79 acres and a preservelwater management area on the northern 16.00 acres. The existing discharge structure has one -0.50' wide rectangular notch with an invert at elevation 9.5 NGVD and a 40 linear feet of 18" RCP discharge pipe. The proposed plan will modify the control structure. The existing 1/i -inch pre - treatment method was to provide treatment on individual commercial lots and in the roadway swales. The proposed method is. to create a master pre - treatment system along the western and eastern property lines. PROPOSED: The control structure will be slightly modified and discharge pipe will remain the same. Part of the existing 16 acre preserve will be developed and off -site mitigation is proposed. A new master 1/2-inch pre - treatment system and water quality system will be located along the western and eastern side of the commercial tract. The overall site percentage of impervious surfaces in the proposed plan is less that the permit value for the 40.79 acre tract. Item Permit Proposed Water Management 13.4 ac 13.51 ac Impervious 18.4 ae 14.59 ac Roof 3.7 ac 6.73 ac Pervious 5.3 ac 5.96 ac Percent Pervious = 45.83 % 49.06 % (20.01 ac) Percent Impervious = 54.17% 50.94 % (20.78 ac) WATER USE: Since there are no lakes associated with this project, the irrigation source will have to be. from the Collier County water main. DEWATERING: No dewatering since there are no lakes. ,t i� c y a� LL s a U 9 Y S31f pp?s?b Yt l9py ao� 3 v V. w is a # e °ter 6 g 4I. 00 J JV ¢W U �J W a b � � S` R d o F o • F K � � C�rJ00 (I �I W e a� + r ^ ✓W Tur _ - - - -- i k (YO-5 'OH WOE! ]lY1.S) OUYAllOol SMYO ¢d 9 LU u ie �w v V. w is a # e °ter 6 g 4I. 00 J JV ¢W U �J W a b � � S` R d o F o • F K � � C�rJ00 (I �I W e a� v V. w is a # e °ter 6 g 4I. 00 J JV ¢W U �J W a b � � S` R d o F o • F K � � C�rJ00 (I �I W /� + r ^ ✓W Tur LU u ie �w & Q cc{u�mo � ry �W a J a u. Qi o r• : �' W H N d a �• Z a m. X oa.r•r,nc �un 1W S W C7a w r o 0 �w� V ;ui ao z �U 6` °SLti 573_^ y � 9 —n v V. w is a # e °ter 6 g 4I. 00 J JV ¢W U �J W a b � � S` R d o F o • F K � � C�rJ00 (I �I P k' -- Acaenda Item No. SB r'eDluary '1,5, 20,J , U Page 143 of 20 7 P k' -- 3 j ,~� `� !g • 1.111 Acaenda Item No. SB r'eDluary '1,5, 20,J , Page 143 of 20 7 cy� P x N p E O --------------- e LU �i1� I z_c7 to Z Q W C 3 j ,~� `� !g • 1.111 7 � y a� —c5T M cz y Lr Q u— 1 I i I cwYanl � o IGYYOe . --- - - - - -- - _---------- - - - - -, � I,(aadn3�noe s3ndo) ve —si ovoa nvis !' .. �..Y ----a w. -iiiL4 ._ - UT '>" I `� i'"~ � -� � ,I glxt I tt 1� err_ ---- I• I R� li .i•I�o'r'.: Ilk e{: 1 wLLV15 o�♦)IIY I O. , I W 5 gy I LR WhB. = =�"I I Z +•� Iii I I ^ -- i 1 t I �`r� �✓ —I amAy� .� p is +s O IFil U 1 � n� —' , , -- +l IL I yg PROPOSED � a1 � [� •�, 4 � .Y� � � AE z RETAIL I � � yy'S� 1 1 i 1p�b1Ra I I Y ' S I I � 1 I ^- t ; I I I , 1 , I , 1 , I , I , O Oil G :ce2ke j �ry: °es !�^ � � o 8 � 1 > �N�1 W)_ 8 i i. Z N .,. I �$n a � N 6NI[� N cc J ¢ n. S.� Z L VALm W C. Ul Q� U #' 1I ka M �� 1 • f i Z � y+�+ ✓ 'Itr , � L hl #LIi li IHilI oUJ4 CL 0' s ` G Z) Ln cc n it Il 1: ............ I z 0 w LOI ........... tll t�d .......... ........... tll t�d w Lij ii k ... . .... ........ I. 04 ui li I TI, 0 uj Gi b LO Us .j x uj. CL CL LU 0 0 gavE n tr - o aw LO CO O 6 71- a) LL w 100 Z LLI U) A T- j ggi u. En 0 OD IL UZ x LU CL Li L) 0 Q R R KAI UL z 0 LLI 0 J LU J J Acenda Item No. 88 Febroary 13, 20307 Page 147 of 203 Land Use (,44.79 acres) Area Percent Item east Permitted Proposed Preserve 7.78 % 16.00 ac. 6.12 ac Development Pavement & Sidewalk 24.79 ac 34.67 ac Site Analysis Existlna Motel (2.17 acres) 0.14 Item Area Percent Roof 0.44 ac 20.28% Pavement & Sidewalk 1.02 ac 47.00% Grass & Landscaping 0.71 ac 32,72% ' Site Analysis E, xisting McDonalds (1.02 acres) Item Area Percent Building Roof 0.15 ac 14.71% Pavement & Sidewalk 0.59 ac 57.84% Grass &Landscaping 0.28 ac 27.45% Site Analysis- Existing Taco Bell (0.90 acres Item Area Percent west east Building Roof 0.07 ac 7.78 % 0.07 0.0 ac Pavement & Sidewalk 0.46 ac 51.11% 0.14 0.32 ac Grass & Landscaping 0.37 ac 41.11% 0.20 0.17 ac Aoenua Item ho. 8B February 13. 21DO7 Page 148 of 2C3 Site Analysis West Half Lot 2 (1.20 acres) Assume Item Area Percent Building Roof 0.32 ac 26,67% Pavement & Sidewalk 0.61 ac 50.83 % Grass & Landscaping 0.27 ac 22.50% Site_Analvsis New lot 3 (1.01 acres) Assume Item Area Percent -- - - - - -- - - - - - -- ---- - - - - -- Building Roof 0.20 ac 19.80% Pavement & Sidewalk 0.32 ac 31.68 % Grass & Landscaping 0.49 ac 48.52. Site Analysis R/W (2.83 acres Item Area Percent west east Building Roof 0.00 ac 00.00% 0 0 Pavement /walk 1,12 ac 39.58% 0.38 0.74 Grass & Landscaping 1.71 ac 60,42% 0.64 1.07 Site Analysis New Center (22.06 acres Item Area Percent west east Building Roof 5.55 ac 25.16 °Io 5.41 0.14 PavemenUwalk 9.94 ac 45.06% 2.12 7.82 Detention basins 3.91 17,72% 1.46 2.45 Grass & Landscaping 2.66 ac 12.06 % 1.01 1.65 Aaenda Item No. 813 'Februuary 13, 2007 Page 149 of 203 Site Analvsis north preserve area (9.60 acres Item Area Percent Building Roof 0 ac 0% Pavement/walk 0 ac 0% Grass & Landscaping 9,60 ac 100% Land Use Summarv: Item Roof Pave /walk Grass Total ------------------------------------------------------------------------------------- - - - - -- Hotel 0.44 ac 1,02 ac 0.71 ac 2,17 acres McDonalds 0.15 0.59 0.28 1.02 Taco Bell 0.07 0.46 0.37 0.90 West Lot 2 0.32 0.61 0.27 1.20 Lot 3 0.20 0.31 0.50 1.01 Center 5.55 9.94 6.57 22.06 R/W 0.00 1.12. 1,71 2.83 Preserve 0.00 0.00 9.60 9.60 --------------------------7---------------------------------------------------------------- Totals 6.73. 14.05 20.01 40.79 acres Estimating reurade elevation at buildings & parking lots 12.6 = minimum pavement 14.0 = maximum pavement 0.5 = plus curb height 0.5 = plus curb height --------------------------- - - - - -- ---------------------------------- .13.1 = minimum grass elev 14.5 = maximum grass elev 13,8 = average site landscape /grass elevation* * not-, this does not include the detention basins or perimeter berms pace 150 oi-27 R \ \\ I I �i o lcq� a \\ \\ I 1 • f , \�. I (� \ 0 I N. 0 R..'*- 1 1 ♦ 1 f y Z. L L t s f f f {, I k 1 • • 1 1 1 f 90 1 EWE f WF l e I 3 o D 4 o _ Q I & � � C6 P I ! PROPOSED IV ol, E Lo '—BED — ca Alt 0. l �,r 14' 1 i/ cr_ SAMOCO ti i z a U 8 ,1 TATION 1 l 1 � I _ — STATE ROAD S_84 (DAVIS BOULEVARD) �� r ��� I • I., Agenda item No. 33 February 13.. 2007 Page 151 of 203 Site Analvsis WEST watershed (13.64 acres Item Area Percent Building Roof 0.07 + 0.32 + 0.20 + 5.41 = 6.00 ac 43.99% Paverr►ent/walk 0.14 + 0.61 + 0.32 + 0.38 + 2.12 = 3.57 ac 26.17% Detention Basin 1.46 ac 10.70% Grass & Landscaping 0.20 + 0.27 + 0.49 + 0.64 + 1.01 = 2.61 ac 19.13% Site Analysis NORTH watershed (9.60 acres) -Area --------Percent - Building Roof 0.00 ac 00.00% Pavement & Sidewalk 0.00 ac 00.00% Preserve 6.12 ac 63.35 % Vegetated areas . 3.54 ac 36.65 Site Analysis EAST watershed {17.55 acres Item Area Percent Building Roof 0.4.4 + 0.15 + 0.14 = 0.73 ac 4.16% Pavement & Sidewalk 1.02 + 0.59 + 0.32 + 7.82 + 0.74 = 10.49 ac 59.77% Detention Basin 2.45 ac 13.96% Grass & Landscaping 0.71 + 0.28 + 0.1'1 + 1.65 + 1.07 = 3.88 ac 22.11% Proposed entire site 40.79 acres: Percent of site pervious = 20.01 / 40.79 = 49.06 % Percent of site impervious = 20.78 / 40.79 = 50.94 or'o Soil Storage (13.64 acres- West basin) Percent of site pervious = 4.07/13.64 = 29.84 % Percent of site impervious = 9.57/13.64 = 70.16 % 2,53 = (0.98 ac /4,07 ac) x 10,5 0.83 = (0.29 ac /4.07 ac) x (10.5 +12,8)/2 0.26 = (0.09 ac /4.07 ac) x (11.1 + 12.8)/2 0.19 = (0.06 ac /4,07 ac) x 12.8 8.99 = (2.65 ac /4.07 ac) x 13.8 12.8 = average grade for pervious 9.5 = control elevation (less) 3.3 = storage depth Aoen; a item No. 8B Februar,% 13 2007 °aae 152 of 203 bottom basin side slope basin perimeter berm side perimeter berm top landscape islands and grass areas From Chart on page E -3 Figure E -1 6.1 = inches cumulated available storage (3.3 depth to WSWT ) 1.82 = inches of soil storage ( 4.07 ac pervious / 13.64 ac total x 6.1 inches) CN = 1000 / (1.82 + 10) = 84.6 Soil Storage (17.55 acres- East basin) Percent of site pervious = 6.33/17.55 = 36.07 % Percent of site impervious = 11.22/17.55 = 63.93 % 2.70 = (1.63 ae/6.33 ac) x 10.5 0.67 = (0.36 ac /6.33 ac) x (10.5 +12.8)/2 0.28 = (0.1.5 ac/6,33 ac) x (10.6 + 12.8)/2 0.24 = (0.12 ac /6.33 ac) x 12.8 8.87 = (4.07 ac /6.33 ac) x 13.8 12.76 = average grade for pervious 9.5 = control elevation (less) ---------------------------- 3.3 = storage depth bottom basin side slope basin perimeter berm side perimeter berm top landscape islands and grass areas From Chart on page E -3 Figure E -1 6.1 = inches cumulated available storage (3.3 depth to WSWT ) 2.20 = inches of soil storage ( 6.33 ac pervious / 17.55 ac total x 6.1 inches) CN = 1000 / (2.20 + 10) = 82 Sail Storaie (9.60 acres - Preserve North Percent of site pervious = 9.60 / 9.60 Percent of site impervious = 00.00 / 9.60 0.38 = (0,31 ac/ 9.60 ac) x (10.6 + 12.8)/2 0.38 = (0.31 ac/ 9.60 ac) .x (10.5 + 12.8)/2 0.23 = (0.17 ac/ 9.60 ac) x 12.8 0.09 = (0.07 ac/ 9.60 ac) x (11.1 + 12.8)/2 0.05 = (0.05ac/ 9.60 ac) x (9.6 + 11.0)/2 0.30 = (0.24 ac/ 9.60 ac) x (11.0 + 12.8)/2 0.11 = (0.09 ac/ 9.60 ac) x (11.1 + 12,8)/2 0.11 = (0.09 ac/ 9.60 ac) x (10,6 + 12.1)12 0.19= (0.15 ac/ 9.60 ac) x(12.1 +12.8)12 8.04 = (8.12 ac/ 9.60 ac) x 9.5' 9.88 = average ground elevation 9.9 = average grade 9.5 = control elevation 0.4 = storage depth Agenda Item No. 313 February 13, 2007 Page 153 of 203 = 100.00 % = 00.00 % perimeter berm outside slope along I -75 perimeter berm inside slope along 1 -75 perimeter berm top along I -75 perimeter berm northwest side 460 LF perimeter berm inside 460 LF perimeter berm top 460 LF perimeter berm southwest side 5401f perimeter berm. inside 540 if perimeter berm top 540 if remainder (less berms) From Chart on page E -3 Figure E -1 0.1 =inches cumulated available storage (0.4 depth to WSWT ) 0.1 =inches of soil storage ( 9.60 ac pervious / 9.60 ac total x 0.1 inches) CN = 1000 / (0.1 + 10) = 99 Agenda T--m No. 8B �bruary 13. 2007 ?a:i�s 1 -Y4 of 203 Item V.D. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF NOVEMBER 2, 2005 I. NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development DESCRIPTION No. PUDZ -A- 2004 -AR -6417 Petition Name: I -75 /Alligator Alley PUD Applicant /Developer: Randall Benderson et al, Trustees and Davis Boulevard Randall Benderson 1993 -1 Trust Engineerin'a Consultant: Hole Montes, Inc. Environmental Consultant: Passarella and Associates, Inc. II. LOCATION: The subject property is located on the north side of Davis Boulevard in the southwest quadrant of the intersection of I -75 and Collier Boulevard in Section 34, Township 49 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include both developed and undeveloped parcels, and three major roadways. ZONING DESCRIPTION N - R.O.W. Interstate I -75 S- R.O.W. Davis Boulevard E - R.O.W. Collier Boulevard R.O.W. Interstate I -75 C -4 Developed W - PUD (East Gateway) Undeveloped Ageirica Item No. 8B Pabruary 13, 2007 EAC Meeting Page 155 of 203 Page 2 of 9 IV. PROJECT DESCRIPTION: The project contains 40.8 acres and approximately 11.4 acres is proposed for the Preserve /water Management Area, with the balance of the property permitted for commercial uses and miscellaneous open space areas. The subject property is located in an area identified as Interchange Activity Center #9 in the Growth Management Plan (GMP) for Collier County. The maximum allowable square footage of gross leasable floor area is 265,000 square feet of retail or office area excluding the existing motel approved for 107 units and any future motels. Access will be provided from two access points on Davis Boulevard depicted on the PUD Master Plan and an interconnection is proposed to the adjacent East gateway PUD, a non - residential PUD. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Commercial District, Interchange Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. Interchange Activity Center #9 is subject to the requirements of the Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway" to Naples and all rezones shall meet the intent of the vision statement. In addition, Activity Center #9 zoning overlay district was adopted in the Land Development Code to ensure that the design of landscape, architecture, and signage will be regulated and approved in accordance with the provision of the specific LDC section. The petitioner affirms in the statement of compliance that "Development of the I- 75 Alligator Alley PUD will be consistent with the Activity Center #9 Interchange Master Plan." The entire Interchange Activity Center is eligible for up to 100% of the entire acreage to be developed for any of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55% of the total acreage (632.5) of Interchange Activity Center #9. A maximum of 347.88 total acres are eligible for commercial zoning, to date, 325.23 acres are presently zoned commercial, therefore, 22.65 acres are eligible to be rezoned to commercial. EAC Meeting Page 3 of 9 ,"genda 1 --m WiQ. iB e L, "uary 13, 21DG7 Page '15,6 of 203 The petitioner is requesting 29.4 acres of the PUD to be designated for commercial land uses, however, 25.8 acres are approved for commercial uses under the existing I -75 /Alligator Alley PUD, and therefore, only 3.6 acres have to qualify under the Activity Center #9 criteria. Since 22.65 acres are still eligible for rezoning in Activity Center #9, the proposed addition of 3.6 acres of commercial land uses qualifies under Activity Center #9 criteria. 632.5 acres X 55% = 347.88 acres maximum eligible for con nz:ercial . -oning within Activity Center- #9. 325.23 acres are presently zoned comniercial leaving a remainder of 22.65 acres eligible for rezoning to commercial (347.88 - 325.23 = 22.65). In addition, the PUD requests 107 motel/hotel units. There are presently 107 existing motel units on the subject property that was approved at a density of 26 units per acre pursuant to Ordinance 89 -82. Hotel /motel uses are allowed within the Activity Centers at a density consistent with the Land Development Code (LDC). Since the approval of the PUD, amendments to the LDC language for determining density for hotel /motel uses was amended to delete the density of 26 units per acre and replace it with a Floor Area Ratio (FAR) of 0.60. If this FAR does not provide for the existing approved density, then an interpretation of Policies 5.1 and 5.9 could provide for the existing density to remain. Pursuant to FLUE Policies 7.1, 7.2 & 7.3. access to the project has been provided via two access points on Davis Boulevard, internal access has been provided to neighboring commercial to help reduce vehicle congestion on nearby collector and arterial roads and an interconnection is proposed to the adjacent East Gateway PUD. Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the Future Land Use Element and the Activity Center #9 Interchange Master Plan. Conservation & Coastal Management Element: Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards ". To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an EAC Meeting Page 4 of 9 Agenda item No. 8B February 13. 2Uy7 Page 157 of 203 attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system ". This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing dry retention/detention areas and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. In accordance with Policy 6.1.1, 15 % of the existing native vegetation shall be retained /re- planted on -site and set aside as a preserve area with conservation easements prohibiting further development. Preserve areas are interconnected to adjoining off -site preserves. Habitat management and exotic vegetation removal /maintenance plans are required at the time of Site Development Plan /Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Littoral shelf planting areas within wet detention ponds shall be required at the time of Site Development Plan/Construction Plan submittal, and will be required to meet the minimum planting area requirement in Policy 6.1.7. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required by Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements (Site Development Plan /Construction Plans). As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. In accordance with Policy 6.2.6, required preservation areas are identified on the PUD master plan. Allowable uses within the preserve areas are included in the PUD document. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. Wildlife surveys and habitat management plans for listed species in accordance with Policy 7.1.2 are included in the Environmental Impact Statement (EIS). Pursuant to Policy 7.1.4, all development shall comply with applicable federal and state permitting requirements regarding listed species protection. EAC Meeting Page 5 of 9 NIL MAJOR ISSUES: Stormwater Management: Agenda tem No. EB FebrL�ary 13. 2007 may: i 58 of 203 On 15 June 1989, the South Florida Water Management District issued surface water management permit # 11 -00556 to the 40.8acre project called I 75 — Alligator Alley PUD. The permit calls for site discharge to be to the northwest into a swale that goes north under 1 -75 and eventually into the Golden Gate Canal. The permit has been modified since then for the different commercial projects within the PUD. Any further modifications to the system would also require an SFWMD permit modification. Environmental: Site Description: The majority of the site has been previously altered and consists of a combination of access roads, developed commercial parcels, fill pads, surface water management systems and 12.70 acre wetland mitigation area. Commercial uses currently found on -site include a 107 room hotel with manager's apartment, Taco Bell and McDonalds. The main entrance road is an access loop road that surrounds disturbed filled areas. A berm exists around the wetland mitigation area at the north end of the project. Wetlands: South Florida Water Management District (SFWMD) permit No. 11- 00556 -S was issued for the property on June 15, 1989. The permit identified 28.10 acres of jurisdictional wetlands. The SFWMD mitigation plan required the creation of 3.00 acres of deep marsh surrounded by 9.70 acres of forested wetland and the preservation of 0.75 acres of pine flatwoods adjacent to the wetland mitigation area. The total SFWMD conservation area was 13.45 acres. In addition, the mitigation plan required a 20 foot wide, 2.30 acres, landscape buffer /maintenance easement planted with native herbaceous, shrub, and tree species to surround the created wetland area. Since issuance of applicable federal, state and local agency permits, the project site was cleared and filled. The site currently supports 7.58 acres of Wetland Mitigation Area, Forested (FLUCFCS Code 920); 5.12 acres of Wetland Mitigation Area, Herbaceous (FLUCFCS Code 921); and 0.75 acre of Pine Flatwoods (FLUCFCS Code 411). Previous on -site wetland mitigation efforts have proven to be unsuccessful. The Wetland Mitigation Area, Forested (FLUCFCS Code 920) consists of dead slash ninenine wnre, Melale»ca and tomedo grass (Panicum renens). The Wetland � r- EAC Meeting Page 6 of 9 Agenda Item No. 83 February 13, 2007 Page 159 of 203 Mitigation Area, Herbaceous (FLUCFCS Code 921) is dominated by torpedo grass and cattails (TYpha sp.). The level of exotics found within the wetlands range from 25 to 80 percent Melaleuca seedlings and torpedo grass. During initial stages of planting, the organic top layer of soil was removed. This is an attributing factor to the failure of the wetland plantings. Also, human disturbance by the use of all terrain vehicles during the dry season has also contributed to the degradation of the wetland mitigation area. The construction of the project will result in wetland impacts to 7.28 acres of the current on -site mitigation wetlands and 0.16 acre of Other Surface Waters. The previously permitted wetland impacts (that were originally mitigated on -site) will be mitigated off -site by purchasing credits at a wetland mitigation bank. It is estimated that 17.28 forested and herbaceous wetland mitigation credits will need to be purchased. Preservation Requirements: The project site was previously permitted with an on -site preserve area. Because of this, the native vegetation requirement for the County is calculated based on the entire acreage of the PUD. In accordance with the County Land Development Code (LDC) and Growth Management Plan (GMP), fifteen percent (.15 x 40.79 = 6.12 acres) of the native vegetation is required to be retained on -site. The PUD master plan identifies 6.12 acres of preserve. These include 5.42 acres of mitigation wetlands and 0.70 acre of uplands. Wetland and upland enhancement will include removal of exotic and nuisance vegetation, and supplemental planting with native species. Restoration planting will be required to be in accordance with the planting criteria identified in the LDC. Wetland preserves will receive pretreated stormwater to maintain hydrology and provide additional storage. Listed Species: A listed plant and wildlife species survey was conducted on June 29, 2004. No listed species were identified on the property during the species survey or during any other site visits. The proximity of listed species to the project site as recorded by the Florida Fish and Wildlife Conservation Commission (FFWCC) is provided as Exhibit O in the EIS. VII. RECOMMENDATIONS: EAC Meeting Page 7 of 9 �.aen a ter No. 3B Page 160 of 203 Staff recommends approval of Planned Unit Development No. PUDZ- A -2004- AR -6417 "I -75 /Alligator Alley PUD" with the following conditions: Stormwater Management: 1. South Florida Water Management District surface water management permit # 11 -00556 must be modified as required. Environmental: 1. Replace the language in section 4.11 of the PUD document with the following condition. Pursuant to Section 2.03.07.E of the Land Development Code if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EAC Meeting Page 8 of 9 PREPARED BY: Agenda Item No. 3B February 13, 2007 Page 161 D{ 203 STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT STEPHEN LENBERGER DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT MICHAEL DERUNTZ, CFM PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE EAC Meeting Page 9 of 9 REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT WILLIAM D. LORENZ, Jr., P.E., DIRECTOR, ENVIRONMENTAL SERVICES DEPARTMENT Agenda i'.em v :anti 13. 2007 Page 162 of 200 DATE DATE STEVEN D. GRIFFIN DATE ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR, DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION d r-- M O J — co a) ZDLL Q axae of - /" VI/ 0a O O IL ¢ O O 44Y 33 '�� tgtg OtlW3R108 tl3f(g0 WE'!f7 OtlVh;ViOO 108700 � a =� sa g ~� N W ��� F� ZO n M/a oot G(loo —'N'0) ONVAMnoe tlarrim (loo —•N'o) CWVA31M Wn'= mga�tx g �' W. Ia 1 ^ jig 5 88 Qoay F gg ^ � Fl� q� raun7ma 8 s�tv awnarloe ,yam �� � CWVABIrX YtlWtlWn Y1NVY q@ Rig 8� owulmw A1t8100 r g i i Ell 5 M CL CLI � 0 d a LL axae of - Q L V7 7 L O N CL O Q U O J Z O H O Z� O 0a O O IL ¢ O O 44Y 33 '�� tgtg OtlW3R108 tl3f(g0 WE'!f7 OtlVh;ViOO 108700 =� sa g ~� N W ��� F� mga�tx g �' W. Ia 1 ^ jig 5 88 Qoay F gg ^ � Fl� q� raun7ma 8 s�tv awnarloe ,yam �� � CWVABIrX YtlWtlWn Y1NVY Rig 8� owulmw A1t8100 Q L V7 7 L O N CL O Q U O J Z O H 'a Item N10. 3E3 Febf-,ary 13, 2,X)7 Page 154 of 203 VM pun— | "uo ��� Agenda Item No. 8B February 13.2OO7 Page 1G5nY2O3 `» � � SUBJECT PROPERTY CPU t,-jenula item !`Jo. 8�B iruary '10 2007 Page 166 of 203 Ao%V.7. clw � (-mrw Agenda Item No. 8B February 13, 2007 Page 167 of 203 December 08, 2005 Mr. Michael DeRuntz Mia Email Community Development and Environmental Services 2800 N. Horseshoe Dr. Naples, FL 34104 SUBJECT: Alligator Alley HM File No. 2002.012 Dear Mike; Attached are revisions to the Alligator CPUD document. These revisions consist of our Affordable Housing commitment of $.50 per S.F. The only change to this language in section 8.1, as discussed at the Planning Commission, is that our client is opting to pay this impact fee for 124,400 S.F. of gross leasable floor area and not 34,000 S.F. This provision would not affect existing uses or square footage. Our client has Certificates of Adequate Public Facilities with regard to the payrnent of Affordable Housing Impact Fees. The second revision is to section 7.2 R of the CPUD that places litigation on Certificates of Occupancy for permitted uses until Davis Blvd. is substantially completed in a six -lane road condition for development. The property owner does not have Certificates of Adequate Public Facilities as of the date of adoption of this ordinance. Thank you for your consideration in this matter. Sincerely, Robert L. Duane, A.I.C.P. Planning Director RLDlacd cc: Bruce Anderson David Gustafson G:\DeRuntz\AR -6417 I -75 Allegator Alley\PUD Document \Revised PUD Cover Letter 12- 8- 05.doc IRM HOLE MONTES INGINEERS - PLANNERS SURVEYORS 95D Encore Way -P.O. Box 111629 - Naples, Florida 34108 - Pisone. 239.254.2000 -Fax: 239.254.2098 December 7, 2006 Mr. Michael J. DeRuntz Collier County Government Community Development Services 2800 North Horseshoe Drive Nap] es, Florida 34104 RE; 1 -75 /Alligator Alley Project Number: 19990293, PUDZ -A -A i -6417 HM rile No. 2002.012 Dear Mr, DeRuntz: - e_)rjary 13. 2D07 �a,aa 33 o` 203 I still need the attachments to the supplemental staff report that you prepared for Alligator Alley, including the PUD document. You referred to an older September 8, 2006 letter as an attaclmnent to the staff report outlining changes. There was, however, a follow -up letter (dated November 3, 2006) that outlined additional changes, i.e. putting the phasing stipulation back into the transportation connnitments of the PUD amongst other considerations. This more recent document could have been included with your report as well. I am attaching it here for your review and consideration. Thank you for your assistance in this matter. If you have any questions, please feel free to contact me. Sincerely, HOLE MONTES, INC. �6 Robert L. Duane, AICP Planning Director Attachments Letter to Michael DeRuntz, dated November 3, 2006 RLD/ /acd cc: David Gustafson, Benderson Development nDi uce ruiuc___u, Es_l.u_u. v - R EC E I V t 11 HM File DEC.1 1 2006 1-1:\2002 '2002012 \WP\RLD\1k1D 061207 need attach - itr.(1).ad.doc ZONING DEPARTMENT Naples • Fort Myers • Venice - Englewood Agenda Item No. 8B February 13; 2007 Page 109 of 203 November 3, 2006 Mr. Michael J. DeRuntz Collier County Government Community Development Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: 1-75/Alligator Alley Project Number: 19990293, PUDZ -A -AR -6417 HM File No. 2002.012 Dear Mr. DeRuntz: Per our discussion I am providing you revisions to the Alligator Alley CPUD. We have agreed that you and I will work together to shore up the document, and I am providing you an electronic version per your request that also includes the correspondence. 1.) The following changes have been incorporated into The Statement of Compliance that was previously approved by the Growth Management Department and is contained in Section I of the PUD per your request. 2.) The phasing stipulation has been reinstated in Section 5.2H of the transportation cone niturients and a reference has been added to this provision that CO's can be issued for this project if improvements are not completed by January 1, 2009. 3.) Former Sections 4.1 (A - H), now Sections 5.1 (A - H), have been deleted from the document as they are redundant. 4.) Former Section 4.2 E, now Section 5.2E, has been retained as requested. 5.) Former Section 4.2.F, now Section 5,2.G has been updated to provide the words stored and treated and additional verbiage has been added to this section that the conveyance of stormwater from Collier Boulevard into the subject property's water management system will be at the County's expense if FDOT does not have a need to store and treat water management for the widening of Davis Blvd, 6.) Section 5.1. I has been added to the PUD so that additional interconnections or existing interconnections can be modified or added for an additional off -ramp off of I -75 should it be constructed at a later date. 7.) A meeting has been held with Nick Casalanguida to discuss the DCA Agreement. C`'Documents and Settings \deruntZmicilael \Local SeWnas\Temporary Internet Piles \01.K7S \MD 061 l03 transresub -hr (4).doc Page 2 November 3, 2006 Mr. Michael DeRuntz Alligator Alley PUDZ -A AR -6417 HM File No. 2002.012 Auanda !tem rya. 8B ebruary 13.. 2'x07 GAB 170 �f -03 8.) The number of square feet of gross leasable area has been added to the CPUD Master Plan, i.e., 265,000 S.F. of gross leasable area. If you have any questions, please feel free to contact me. Thank you. Sincerely, HOLE MONTES, INC. U D"41c %( Robert L. Duane, AICP Planning Director RLD /acd Attachments (x) 24 x 36 CPUD Master Plan (x) Revised CPUD Document (x ) Supplemental Impact Study cc: David C7ustafson, Benderson Development Bruce Anderson, Roetzel & Andress CADocuments and ScttingslderuntzmichaeRLocal 5ettingATcmporary [ntcrnct FiIcs101,MEW D 061 103 trr<nsresub -fir (4),doc Agenda Item No. 83 1:7ebrUaryr 13, 2007 sqrA Page 17", of 203 HOLE MONTES ENGINEERS- PLANNERS, SURVEYORS LANDSCAPE ARCHITECTURE 950 Encore Way - Naples, Florida 34110 • Phone: 239.254.2000 - Fax: 239.254.2099 September 8, 2006 Mr, Michael J. DeRuntz PUDZ- A- 2004 -AR -6417 Collier County Govermnent PROJECT #19990293 Connnunity Development Services DATE: 9115/06 2800 North I-T.orseshoe Drive MIKE DERUNTZ Naples, Florida 34104 RE: I -75 /Alligator Alley Project Number: 19990293, PUDZ -A -AR -6417 I1M File No. 2002.012 Dear Mr. DeRuntz: Attached is a resubmittal of the 1 -75 /Alligator Alley CPUD, including a revised CPUD ordinance placed in the form of the new draft model PUD ordinance. Sixteen copies of the revised CPUD document are attached including a plan -set previously provided. Also attached is a traffic study that addresses area wide impacts of the subject properties and others on Davis, Boulevard and C.R. 951. Based on a review of the transcript for the January CCPC meeting, many of the following changes have been made at their behest, but the maximum amount of gross leasable area remains at 265,000 as originally proposed, For your convenience I am attaching a copy of the prior CPUD. Also, it is our desire to schedule the petition . with the Developer Contribution Agreement that property owners in the general area have participated to address long term traffic problems that will go to the BCC this fall. I will coordinate dates with you. 1. Lithe preserve area requirements, Section 4.1.H of the revised CPUD, the typographical error pertaining to the perimeter fence has been corrected, 2. Gasoline service stations have been deleted from the list of permitted uses in Section 3A.A of the CPUD and changed from a principle to an accessory use. The language pertaining to the hotel density in Section 3,6.A, Table 145, has been clarified under Commercial Development Standards. 4. The maximum height in Section 3.6.A, Table 1 - 47, Development Standards has been clarified to allow a maximum height of fifty (50) feet, deleting reference to five stories. In Section 3.4.A, Table 1, Development Standards SIC codes have been added. 6. Language has been added to Section 3.6.E, architectural guidelines, Development Standards that states the anchor tenant shall be required to have a primary facade on the north, south, and east sides of the building. RECEIVED ,111 I1A2002120020121WP \RLD'\[D 060968 filial rev TTS.iransresub- ltc. {g)doc.doc Naples - Furl Myers - Ve ^ice Page 2 September 8, 2006 Mr. Michael DeRuntz Alligator Alley PUDZ -A AR -6417 HM File No. 2002.012 4genda !,ern No. aB Fe ,ruary 13 2CjU7 P'aae 1 -12 o` 203 7, Former Section 7.2.E, Transportation Requirements of the CPUD has been deleted as it pertained to sidewalks. That is Section 4.2.E of the revised CPUD. 8. A deviation has been added to Exhibit "C" requesting a deviation to the required 25 foot buffer along Davis Blvd. to recob rize the existing condition that the Taco Bell and McDonald's sites were previously approved and developed with a ten foot buffer. This is a deviation to Section 4.02 23D19 of the LDC. This provision was previously contained in Section 2.7 of the prior CPTJD ordinance but is now Deviation #3, Exhibit C. 9. Auto repair and car-washes have now been designated as accessory uses only. See Section 3.4.A, Permitted Uses. 10. The phasing requirement struck through as Section 7.2.R has been deleted as the phasing of this and other properties will be addressed in a DCA Agreement for the general area that will be adopted by the BCC the same time as the rezoning petition is scheduled for this CPUD before the BCC. 11. Several boilerplate provisions of the transportation commitments have been struck through as they appear not to be applicable to FDOT right -of -way, If you have any questions, please feel free to contact me. Thank you. Sincerely, HOLE MONIES, INC. Robert L. Duane, A1CP Planning Director Attachments ( ) 24 x 36 CPUD Master Plan ( ) Revised CPUD Documeril RLD /rnmrn /acd cc,. David Gustafson, Benderson Development Bruce, Anderson, Esquire HA2002 \2002072 \wP\R1,D\MD 06090?, final rev T7S.transresuh- ltr.(8)doc.doc Agenda Item No. 8B February 13, 2007 Page 173 of 203 DEVELOPER CONTRIBUTION AGREEMENT DAVIS BOULEVARD PROJECTS THIS AGREEMENT ( "Agreement ") is made and entered into this day of 2006, by and between Ronald Benderson and David H. Baldauf, as Trustee Under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust, whose address is 8441 Cooper Creek Boulevard, University Park, Florida 34201; WR -1 Associates, Ltd., a Florida limited partnership, whose address is 8441 Cooper Creek Boulevard, University Park, Florida 34201; ( "collectively referred to as Benderson ") and DAVIS CROSSING, LLC; DAVIS CROSSING Il, LLC; DAVIS CROSSING III, LLC; DAVIS CROSSING IV, LLC; DAVIS CROSSING V, LLC; DAVIS CROSSING VI, LLC; DAVIS CROSSING VII, LLC; DAVIS CROSSING VIII, LLC, all of which are Florida limited liability companies, whose address is 8441 Cooper Creek Blvd., University Park, Florida 34201, ( "collectively referred to as "Davis Crossings ") (Benderson and Davis Crossings shall hereinafter collectively be referred to as "Developers "), and The Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, hereinafter referred to as "County." RECITALS: WHEREAS, Benderson is the owner of certain undeveloped lands laying adjacent to Davis Boulevard /State Road 84 within the unincorporated area of Collier County, Florida which is zoned Planned Unit Development ( "PUD ") more specifically I -75 /Alligator Alley PUD proposed to be amended by Petition No. PUDZ- 2004 -AR -6417 and its related pending Site Development Plan Application No. SDP -AR -4171. (Legal description and sketch of lands in this PUD which are owned by Benderson are attached and incorporated herein as Exhibit "A "); and WHEREAS, Davis Crossings is the owner of certain undeveloped lands laying adjacent to Davis Boulevard/State Road 84 within the unincorporated area of Collier County, Florida which is zoned Planned Unit Development ( "PUD ") more specifically I -75 /Collier Boulevard Commercial Center PUD and pending Site Development Plan Application No. SDP —AR -4468, Davis Crossings, as amended by pending Application No. SDPA -AR -9753, Davis Crossings (Legal description of lands in this PUD which are owned by Davis Crossings are attached and incorporated herein as Exhibit `B "); (the I -75 /Alligator Alley PUD and the I -75 /Collier Boulevard Commercial Center PUD shall be collectively referred to herein as "Developments ") and WHEREAS, Davis Crossings has made certain donations, at no cost to County, including, but not limited to a fifty (50) foot wide right -of -way along southern boundary of Davis Boulevard as more particularly described and depicted on Exhibit "C" (hereinafter referred to as the "Right -of -Way Property"): and WHEREAS, in connection with widening Davis Boulevard to six lanes Benderson estimates that it can accept within the I -75 /Alligator Alley PUD stormwater management system .. stormwater runoff from Davis Boulevard for approximately 1.0 acre of proposed road right -of- way, (the "Davis Boulevard Drainage "); and Page 1 of 9 %a4eri~a Item No. �3 February 3. 2i C 7 Pace 174 of 2C3 WHEREAS, Developers have previously paid impact fees and received Certificates of Adequate Public Facilities for the Developments; and WHEREAS, this Agreement is structured to ensure that adequate public facilities are available to serve the Developments concurrent with when the impacts of the Developments occur on the public facilities, and WHEREAS, this Agreement shall become effective upon approval by the County and Developer, however, the obligation of Developers in Paragraph 2 and 4 below for water management and right -of -way shall not become effective until: (i) approval of PUDZ -A -AR- 6417 and the expiration of all applicable appeal periods to challenge the approval with no appeal or other challenge having been filed, or if an appeal or challenge is filed, then thirty -five (35) days after entry of unappealed court order upholding the approval; and (ii) approvals of SDP - AR -4468, SDPA -AR -9753, a PUD Extension for the I -75 /Collier Boulevard Commercial Center PUD if an extension becomes required, and SDP AR -4171 and the expiration of all applicable appeal periods to challenge the approvals with no appeal or other challenge having been filed, or if an appeal or challenge is filed, then thirty -five (35) days after entry of unappealed court order upholding the SDP approvals; and WHEREAS, the parties have agreed to certain other terms and conditions set forth below; and WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board finds that the terms and conditions set forth below are in conformity with contemplated improvements and additions to the County's transportation network, and are consistent with both the public interest and with the County's comprehensive plan, and other regulations pertaining to development. ZD WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Subject to applicable Federal, State and local governmental approvals, Benderson will provide County storm water management outfall within the I -75 /Alligator Alley PUD for the Davis Boulevard Drainage. The Alligator Alley storm water management system (the "System ") shall be designed to treat surface water to specified water quality standards pursuant to all governmental permits and approvals for the I -75 /Alligator Alley PUD. The County agrees, subject to Florida Statutes Section 768.28, that any surface water entering the System from the Davis Boulevard Drainage will be capable of treatment to the specified water quality standards pursuant to all governmental permits and approvals for the Development without modification(s) to the System, and that surface water discharged into the System will comply with the requirements of the County -wide National Pollution Control Discharge Elimination System Permit (and any successor permit applicable thereto), if applicable. The maximum volume of Page 2 of 9 Agenda Item No. 8B February 13, 2007 Page 175 of 203 water that will be accepted into the System from the Davis Boulevard Drainage is limited to the amount required to drain one acre of the proposed Davis Boulevard right -of -way. 3. Both County and Developers acknowledge and agree that the contributions previously made and to be made by Developers for the benefit of the public, pursuant to the terms of this Agreement, specifically, a (i) fifty (50) foot wide right -of -way along Davis Boulevard as more particularly described and depicted on Exhibit "C"; and (ii) providing stormwater facilities within the Development to accept the Davis Boulevard Drainage right -of- way, have a combined fair market value of One Million Fifty -Eight Thousand Nine Hundred Thirty Dollars ($1,058,930.00). No impact fee credits or purchase price is to be paid to Developers for these contributions. 4. Davis Crossings shall reserve for future conveyance to County right -of -way for the expansion of Davis Boulevard in the approximate location shown in the attached Exhibit "D" behind the "Existing Mobil Station" as labeled on Exhibit "D ". The County shall pay Davis Crossings by certified check for the fair market value of the land ultimately conveyed pursuant to this reservation, which conveyance may be in the form of a grant of easement at Davis Crossings' discretion. The fair market value of the land so conveyed shall be determined by multiplying the square footage of the land conveyed times the present assessed value of the land which is Fifteen and 72/100 Dollars ($15.72) per square foot. County shall be responsible for all permitting and to replace and /or relocate at its sole cost and expense for all water management and any related mitigation, landscaping and parking, including obtaining County approvals for variances and/or deviations so that no part of the Davis Crossings Development is in violation of any law or is made non - conforming in any respect as a result of the County's use or title to or easement on the conveyed land. 5. It is anticipated that the I -75 /Alligator Alley PUD and I -75 Collier Boulevard Commercial Center PUD will at build -out respectively contain approximately 265,000 gross leaseable square feet of retail/office commercial space and 147,000 gross leaseable square feet of retail /office commercial space. At this time, Developers are seeking to obtain Certificates of Adequate Public Facilities ( "Certificates ") for road or transportation (herein after referred to as "road ", potable water, and sanitary sewer "Category A" facilities (the "Public Facilities ") vesting for concurrency in perpetuity for roads and for five (5) years for potable water and sanitary sewer the I -75 /Alligator Alley PUD and I -75 Collier Boulevard Commercial Center PUD to construct respectively 265,0000 and 147,000 gross leaseable square feet of retail /office commercial space. This Agreement insures that adequate potable water and sanitary sewer public facilities will serve the Developments and that the County's Transportation Concurrency requirements have been met. The Developments fulfill the standards for the road, potable water and sanitary sewer public facility components pursuant to Section 10.02.07 of the Collier County Land Development Code, and the County represents that the required Public Facilities necessary to adequately service the Developments will be in place or under construction at the time a final site development plan, final subdivision plat or building permit is issued. On or before thirty (30) days of the effective date of this Agreement, Developers shall: (i) elect to convert all impact fees previously paid in escrow, except water and sewer, to the transportation impact fee trust fund pursuant to Section 10.02.07C of the Collier County Land Development Code and pay the County one - hundred percent (100 %) of the estimated transportation impact fees due for 412,000 gross leaseable square feet of the authorized commercial uses for I -7IZ Alligator Ailey PUD and Page 3 of 9 Agerida ifem No. 8B =en °zany 13. 20 0 ; P asci e 17 6 -{ 203 I -75 Collier Boulevard Commercial Center PUD based upon the applicable transportation impact fee rates; and (ii) release to the County fees previously paid into the impact fee escrow trust fund for the Developments by conversion and release of estimated potable water and sanitary sewer impact fees due for the Developments. Upon payment by conversion and release of these previously escrowed estimated impact fees, County shall issue Certificates: (i) vesting in perpetuity with no- expiration date the I -75 /Alligator Alley PUD and I -75 Collier Boulevard Commercial Center PUD for transportation concurrency respectively for 265,000 (no Certificates of Occupancy for the final 135,000 of 1 -75 Alligator Alley shall be issued until widening of Davis Boulevard is substantially completed in front of the PUD or January 1, 2009, whichever occurs first) and 147,000 gross leaseable square feet of the authorized commercial uses; and (ii) vesting until January 7, 2012 pursuant to Section 10.02.07 of the LDC, the I -75 /Alligator Alley PUD and I -75 Collier Boulevard Commercial Center PUD for potable water and sanitary sewer public facilities necessary to adequately service 265,000 and 147,000 (respectively) of gross leasable square feet of the authorized commercial uses. Payment of these fees vests the development entitlements for which the Certificates applied on a perpetual basis for roads and for five years for potable water and sanitary sewer. Final calculation of any remaining road and other impact fees will be based on the impact fee scheduled in effect at the time the building permit(s) are applied for. If Developers have prepaid estimated road or water or sewer impact fees in excess of the final calculations of the amount due, Developer may apply the excess amount to any other impact fees due for the Developments. 6. All on -site and off site transportation related impacts related to the 1 -75 /Alligator Alley PUD and 1 -75 Collier Boulevard Commercial Center PUD have been fully mitigated by Developers' contributions and impact fee payments to the County. Further, the requirements of the Transportation Element and all other provisions of the County Growth Management Plan have been met and satisfied for the Developments. The County will not withhold or delay the issuance of any development orders, building permits and /or certificates of occupancy in connection with the Developments, based on any state or local requirements related to road, water and sewer concurrency. 7. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Except as otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written consent of the parties hereto or by their successors in interest. 8. Developers acknowledge that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 9. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. Page 4 of 9 Agenda Item No. 83 February 13, 2007 Page 177 of 203 10. Developers shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developers shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to the Developers upon request. 11. This Agreement shall be governed by and construed under the laws of the State of Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement through negotiation between authorized representatives. If these efforts are not successful, and there remains a dispute under this Agreement, the parties shall first use the County's then current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue with respect to any disputes arising out of this Agreement. [SIGNATURE PAGE TO FOLLOW] Page 5 of 9 .i2f7�a r-ebrL�ary ni Para e " 178 Of 2C:3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MANATEE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Frank Halas, Chairman David H. Baldauf, as Trustee Under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust The foregoing instrument was acknowledged before me this , day of 2006 by David H. Baldauf, as Trustee Under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust, who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of 2006. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No. Expiration Date Page 6 of 9 WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MANATEE Aaenda Item tvo. 8B rebruary 13, 2007 Page 17�- of 203 WR -I ASSOCIATES, LTD. By: BG The Village, LLC, General Partner David H. Baldauf, as Manager The foregoing instrument was acknowledged before me this , day of , 2006 by David H. Baldauf, as Manager of BG the Village, LLC, General Partner of WR -I ASSOCIATES, LTD., who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of , 2006. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No. Expiration Date Page 7 of 9 WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MANATEE 'ger G li it !tJo. �P FE,tbruary 13. 2Ci07 r DAVIS CROSSING, LLC DAVIS CROSSING II, LLC DAVIS CROSSING III, LLC DAVIS CROSSING IV, LLC DAVIS CROSSING V, LLC DAVIS CROSSING VI, LLC DAVIS CROSSING VII, LLC DAVIS CROSSING VIII, LLC David H. Baldauf, Manager The foregoing instrument was acknowledged before me this day of 2006 by David H. Baldauf, as Manager of DAVIS CROSSING, LLC; DAVIS CROSSING II, LLC; DAVIS CROSSING III, LLC; DAVIS CROSSING IV, LLC; DAVIS CROSSING V, LLC; DAVIS CROSSING VI, LLC; DAVIS CROSSING VII, LLC; DAVIS CROSSING VIII, LLC, who is personally _ known to me or has produced as identification. WITNESS my hand and official seal this day of , 2006. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No. Expiration Date Page 8 of 9 Agenda liem No. 8B ebruary 13, 2007 Page 181 of 203 SCHEDULE OF EXHIBITS EXHIBIT A - Map showing Benderson's Development. EXHIBIT B - Legal Description of Davis Crossings' Development. EXHIBIT C Sketch and Description of 50' Right -Of -Way previously conveyed by Davis Crossings. EXHIBIT D Sketch of Future Right -of -Way Reservation Area. 511093 v-03 ', 102255.0006 Page 9 of 9 L -75 /ALLIGATOR ALLEY CPUD A COMMERCIAL PLANNED UNIT DEVELOPMENT Prepared for: Randall Benderson 1993 -1 Trust and WR -I Associates, Ltd. Prepared by: ROBERT L. DUANE, A.I.C.P. HOLE MONTES, INC. 950 ENCORE WAY AND NAPLES, FLORIDA 34110 239 - 254 -2000 Exhibit A Agenda !tern No. 813 February 13, 2007 Page 182 of 203 R. BRUCE ANDERSON, ESQ. ROETZEL & ANDRESS, L.P.A. 850 PARK SHORE DRIVE TRIANON CENTER — 3RD FL. NAPLES, FLORIDA 34103 239 - 649 -2708 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments &Repeals TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES Agenda Item No. 8B February 13, 2007 Page 183 of 203 Page ii SECTION I - STATEMENT OF COMPLIANCE, PROPERTY 1 -1 SECTION II - OWNERSHIP, LEGAL DESCRIPTION, 2 -1 SHORT TITLE, PROJECT DEVELOPMENT, STATEMENT OF UNIFIED CONTROL SECTION III - PRESERVE SUBDISTRICT 3-1 SECTION IV - PERMITTED USES AND DIMENSIONAL 4 -1 STANDARDS FOR COMMERCIAL DEVELOPMENT SECTION V- DEVELOPMENT COMMITMENTS 5 -1 u Agenda Item No. 8B February 13, 2007 Page 184 of 203 LIST OF EXHIBITS AND TABLES EXHIBIT "A" CPUD MASTER PLAN EXHIBIT "B" LEGAL DESCRIPTION EXHIBIT "C" LIST OF REQUESTED DEVIATIONS FROM LDC R.gemda Item No. 85 February 13, 2007 Page 188 of 203 SECTION I STATEMENT OF COMPLIANCE The purpose of this section is to set forth the intent of the I -75 and Alligator Alley Development Corporation, Inc., on 40.8 acres of land located in a part of Section 34, Township 49 South, Range 26 East, Collier County, Florida. The name of this project shall be the "I -75 /Alligator Alley Commercial Planned Unit Development (CPUD) ". The development of the CPUD will be in compliance with the Planning Goals and Objectives of Collier County as set forth in the Growth Management Plan for the following reasons: l . The subject property is located in an area identified as Interchange Activity Center #9 in the Growth Management Plan for Collier County. 2. Activity Centers are the preferred locations for the concentration of commercial activities. 3. The subject tract is located at the intersection of Davis Blvd. (State Road 84), County Road 951, and I -75, which affords the site access for the placement of commercial activities. 4. The project shall be compliance with all applicable County regulations including the Growth Management Plan. 5. The project will be served by a complete range of services and utilities as approved by the County. 6. The proposed project is compatible with and complimentary to existing and surrounding future land uses as required by Policy 5.4 of the Future Land Use Element. Adjacent property to the west is zoned for the East Gateway PUD, a non - residential PUD, and the adjacent land to the East is Zoned C -4. 7. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 8. The proposed development will result in an extension of Community facilities and services as required by Objective 2 and Policy 5.3 of the Future Land Use Element. 9. The project is planned to incorporate natural systems for water management purposes in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 1 -1 10. The FLUE for Interstate Activity Center allows a maximum of 55% of the total area of .�e�da item (tio. sB February '3. 2067 P age 18 iE, 'of 203 Interchange #9 or 347.875 acres to be developed with commercial uses. At the time of this application for rezoning, 8.35 acres is available for future retail commercial development in Interchange Activity Center #9. Therefore, the proposed CPUD can be found consistent with this provision of the FLUE. 11. All final development orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Section 6.02.01 of the Land Development Code* (LDC) and further required by policy 2.3 of the FLUE. 12. Development of the I -75 Alligator Alley CRUD will be consistent with the Activity Center #9 Interchange Master Plan. 1 -2 Agenda item No. 8B February 13. 2007 Page 187 of 203 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE, PROJECT DEVELOPMENT, STATEMENT OF UNIFIED CONTROL 2.1 PROPERTY OWNERSHIP The undeveloped portion of the subject property is currently owned by: Ronald Benderson and David H. Baldauf as Trustees under a trust agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust and WR -1 Associates, Ltd. The motel is owned by LaQuinta Properties, Inc. One fast food restaurant is owned by McDonald's Corp., and the Taco Bell restaurant is owned by Tromble and Company at the time of the Application for rezoning. 2.2 LEGAL DESCRIPTION The legal description is set forth as Exhibit `B ". 2.3 SHORT TITLE The name of this project shall be known and cited as the "I -75 /Alligator Alley Commercial Planned Unit Development (CPUD) ". 2.4 PROJECT DEVELOPMENT — The property is located on the north side of Davis Boulevard to the west of Collier Boulevard and bounded by I -75 to the north. The subject property is also located in the southwest quadrant of 1 -75, Exit 15 Interchange and further located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. The existing PUD is developing with commercial uses that, at the time of this application for rezoning, include an existing motel developed with 107 motel units, an existing Taco Bell and an existing McDonald's restaurant. The subject property has approximately 29.4 acres more or less proposed for commercial uses and approximately 11.4 acres for water management. Within the water management area, 6.12 acres will be re- vegetated. The site drains from the south to the north and under I -75 to the Golden Gate Canal. The elevation of the property ranges from 9 to 13 NVGD. Access to the property is provided from two access points onto Davis Boulevard. Access is also proposed to be shared with the non - residential East Naples Gateway PUD, located to the east of the subject property. A maximum of 265,000 square feet. of gross leasable space shall be permitted by this CPUD. 2.5 STATEMENT OF UNIFIED CONTROL — This statement represents that the current property owners, Ronald Benderson and David H. Baldauf as Trustees under a trust agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust and WR -1 Associates, Ltd have undeveloped portions of the CPUD under unified control for the purpose of obtaining CPUD zoning on the subject property with the exception of the existing motel and two existing fast food restaurants no longer under the ownership of this applicant for CPUD rezoning. The rezoning will not affect the existing development. 2 -1 SECTION III PRESERVE SUBDISTRICT 3.1 PURPOSE = e-ruary ?`i. 2007 �a e1 30."2'3 The purpose of this Section is to identify development standards for the preserve areas as shown on Exhibit "A ", CPUD Master Plan. 3.2 PERMITTED USES The CPUD Master Plan provides for 11.4 acres for Water Management /Preserve Area, measured from the top of the bank. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations, subject to and in accordance with the LDC. However, the Preserve Area shall not be less than 6.12 acres, based on 15% of the entire 40.8 acre site. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following structures in accordance with Policy 6.2.6 of the Conservation and Coastal Management Element of the Growth Management Plan: A. Permitted Uses and Structures 1. Passive recreation areas. 2. Water management and water management structures. 3. Mitigation areas. 4. Boardwalks and trails that do not reduce the amount of required vegetation to be preserved. 3 -1 4.1 4.2 4.3 HE Agenda Item No. 0B February 13, 2007 Page 139, of 203 SECTION IV PERMITTED USES AND DIMENSIONAL STANDARDS FOR COMMERCIAL DEVELOPMENT Purpose: The purpose of this Section is to delineate the development regulations that accompany the conceptual Master Plan depicted in Exhibit "A ". Maximum Development Intensity: The maximum development intensity allowed shall be two hundred and sixty -five thousand (265,000) square feet of gross leasable area of office or retail uses excluding the existing motel approved for 107 units, or any future motels. The motel is a 2.14 -acre parcel that utilized 2.01 acres of the Preserve Area to achieve the permitted number of dwelling units at the time the site plan was approved, and both these areas are depicted on the Master Plan. General Description of the CPUD Master Plan: Type of Use Amount of Acres Preserve /Water Management ± 11.4 acres Commercial Area ± 29.4 acres Right -of -Way f 2.9 acres ** Other, Buffer Areas and Open Space ± 8.7 acres ** TOTAL: 40.80 acres * contains 6.12 acres of preserve /water management area to be re- vegetated ** contained within the commercial area Uses Permitted: A. No building or structure, or point thereof, shall be erected, altered or used, in whole or in part other than the following: 4 -1 r.oenda if=am Niio. 3.3 u;?ua-v 13, 2001 -7 Page 190 of ,33 Principal Permitted Uses (Listed by SIC): DIVISION A AGRICULTURE Groups 0742, 0752 Veterinarian services, exclusive of outside kenneling DIVISION D MANUFACTURING Group 752 Commercial Printing, exclusive of news a ers DIVISION E TRANSPORTATION, COMMUNICATIONS, ELECTRIC, GAS and SANITARY SEWERS Group 4225 General Warehouses and Storage, including mini warehouses Major Group 53 (Shall not be permitted immediately adjacent to the right -of- Major Group 54 way of the Interstate.) Group 4311 Post Offices as permitted in the Zoned District -C2, exclusive Group 5541 of major distribution centers Group 4724 1 Travel Agents Groups 4812 -4841 1 Communications services, including towers subject to the LDC DIV1S1UN (J RETAIL Major Group 52 Building Materials, Hardware, Garden Supply, Excepting Mobile Home Dealers (527) Major Group 53 General Merchandise Stores Major Group 54 Food Stores Group 5531 Auto and Home Supply Stores Group 5541 Gasoline Service Stations Accessory Use only Group 5571 Motorcycle Dealers Major Group 56 Apparel and Accessory Stores Major Group 57 Home Furniture. Furnishings, and Equipment Stores Major Group 58 Eating and Drinking Places, subject to location requirements for sale of alcoholic beverages of the LDC Major Group 59 Miscellaneous Retail, Exce tins Fuel Dealers (598) DIVISION H FINANCE, INSURANCE and REAL ESTATE Major Group 60 Depository Institutions including drive - through banking facilities Major Group 61 Non - depository Credit Institutions Major Group 62 Security and Commodity Brokers, Dealers, Exchange and Services Major Group 63 Insurance Carriers Major Group 64 insurance Agents, Brokers and Service Major Group 65 Real Estate DIVISION I SERVICES Group 7011 Hotels and Motels Major Group 72 Personal Services, Excepting Funeral Service and Crematories (7261) Major Group 73 Business Services, Excepting Outdoor Advertising Services Major Group 75 Auto Repair including carwashes Accessory Uses only Major Group 76 Miscellaneous Repair Services Group 7841 Video rental Group 7991 Physical Fitness Facilities Groups 801, 802, 803 1 Medical Practitioners' Offices Agenda Item fro. 8B Febrcary 13, 2007 Page 191 of 203 and 804 Group 8111 Legal services Group 871 Engineering, Architectural and Surveying Services Groups 8711 -8748 Professional consulting services Group 872 Accounting, Auditing and Bookkeeping Services Group 874 Management and Public Relations Services B. Outside storage and display shall not be permitted, with the exception that garden centers with covered storage of materials and products shall be permitted. C. Any other permitted uses which are comparable in nature with the foregoing list of permitted uses and consistent with purpose and intent statement of the district, as determined by the Board of Zoning Appeals. 4.5 General Permitted Uses: Certain uses shall be considered general permitted uses throughout the I -75 Alligator Alley CPUD except in the preserve areas. General permitted uses are those uses which generally serve the development and end users of the I -75 Alligator Alley project and are typically part of the common infrastructure or are considered community facilities. 1. Essential services as set forth in the LDC. 2. Water management, water management facilities and related structures. 3. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. 4. Temporary construction, sales, and administrative offices for the developer and the developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses. 5. Landscape features including, but not limited to, landscape buffers, berms, fences, and walls subject to the standards set forth in this CPUD Ordinance. 6. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this CPUD, as determined by the Board of Zoning Appeals. 4.6 Development Standards: A. Principal Structure Standards: Table 1 below sets forth the development standards for land uses within this CPUD. Standards not specifically set forth herein shall be those specified in additional sections of the LDC in effect as of the date of the approval of the site development plan or subdivision plat. 4 -3 TABLE 1 - COMMERCIAL DEVELOPMENT STANDARDS Apenda item 1`10. 8B fail "UarV 13 2 007 Page I Front yard setback twenty five (25) feet 2 Side yard fifteen (15) feet or one -half the building height, whichever is greater setback Minimum 3 distance between same as side yard requirements structures 4 Rear yard One -half the building height as measured from an exterior wall. setback The maximum density allowed for the existing motel on Lot 6, Plat of 951 Commerce 5 Motel Density Center, Plat Book 17, Pages 1 and 2 is 26 units per acre based on it's prior SDP approval And intensity that utilized 2.01 acres depicted on the CPUD Master Plan to achieve its allowable density. For all unimproved lots the maximum floor area ratio shall be .60. Minimum floor 6 area, all commercial One thousand (1000) square feet uses 7 Maximum Not to exceed fifty (50) feet height 8 Minimum lot size Ten thousand (10,000) square feet 9 Setback from Preserve Areas Twenty five (25) feet for principal structures and ten (10) feet for accessory structures 10 Minimum Lot One hundred (100) feet Width Should industrial uses develop within this CPUD and are visible from I -75, an eight -foot Industrial Uses masonry wall shall be provided along 1 -75. See Section 3.4 for permitted Industrial 11 Use. 4 -4 Agenda Item No. 38 February 13.. 2007 Page 193 of 203 B. Accessory Structures: TABLE 2 - ACCESSORY STRUCTURES FRONT 20° SIDE 15' REAR 15' PRESERVE SETBACK 10' DISTANCE FROM PRINCIPAL STRUCTURE 1/2 B.H. MAX. STORIES /BLDG HT. NOT TO EXCEED 2 STORIES or 25 feet BH: Building Height GENERAL: Except as provided for herein, all criteria set forth shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and /or homeowners' association boundaries shall not be utilized for determining development standards. C. Landscaping All landscaping shall be in accordance with the requirements of the LDC. Perimeter buffering shall be provided in accordance with the LDC. The CPUD is not subject to the requirements of Section 4.06.02.D5a of the LDC in order to allow configuration of water management areas including retention areas for all development, to allow the edge of the water body to be shown as depicted on the CPUD Master Plan. The required trees within the 25 -foot buffer shall be installed on the I -75 and CR -951 side of the berm. The existing berm will remain in its present location and will be repaired (placement of additional fill) to bring the top to the proper elevation prior to landscaping. Curvilinear plantings along the edges of those areas comprised of shrubs and grasses, which will be varied in width to give a natural appearance, shall be incorporated within the two water management pretreatment areas, as depicted on the CPUD Master Plan. The CPUD shall also meet the applicable 4 -5 ,A' 74 -_nda item No. 85 r=abruary 13, 2007 Page 194 of 203 requirements of Section 4.02.23 of the LDC pertaining to the Activity Center #9 Zoning Overlay District. The requirement for a 25 -foot Type D buffer along Davis Boulevard shall only be applicable to vacant lots west of the Taco Bell site. The existing ten -foot buffer in front of the Taco Bell and McDonalds sites shall remain as originally approved. (See also Deviation #3, Exhibit C) D. Common .Area Maintenance: Common area maintenance, including the maintenance of common facilities, open spaces and water management facilities shall be the responsibility of the property- owners' association established by the developer. E. Architectural Guidelines: All commercial development shall meet the requirements of Section 5.05.08 of the LDC including the requirements of the LDC pertaining to the Activity Center #9 Overlay District and shall be in conformance with the Interchange Master Plan for Activity Center #9. The principal buildings shall be required to have three primary facades to the north, south, and east. 4 -6 SECTION V Agenda Item Nio. 8B February 13, 2007 Page 195 of 203 DEVELOPMENT COMMITMENTS 5.1 Environmental Standards A. A 6.12 -acre preserve area depicted on the CPUD Master Plan shall be re- vegetated in accordance with the requirements of the LDC. B. A fence shall be installed along the perimeter of the preserve area depicted on the CPUD Master Plan in accordance with Collier County requirements until such time as the vegetation has matured. C. A Preserve Area Management Plan shall be provided to the Environmental Services Department for approval prior to site /construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. D. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants in perpetuity shall be the responsibility of the property owner. E. All conservation areas shall be designated as tracts /easements with protective covenants. If the property is platted, easements shall be dedicated on the plat to the property- owners' association for ownership and maintenance and to Collier County with no responsibility for maintenance. F. Berms and swales shall not be located within preserve area boundaries. 5.2 Transportation Requirements A. Site - related improvements (as opposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first certificate of occupancy (CO). B. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and the County shall have no responsibility for maintenance of any such facilities. C. If, in the sole opinion of the County Transportation Division Staff, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right -of -way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to the County before the issuance of the first CO. 5 -1 D. The adjacent development to the west has have been designed to provide shared access or interconnections with this development. The CPUD Master Plan indicates this location. The developer, or assigns, shall assure that any such shared access or ataer7�a item No. S 3 re "r arj i3. Z)107 Page 96 of 203 interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. E. A directional median opening shall be constructed onto Joyrose Place in accordance with FDOT Standards at such time as improvements are made to Davis Blvd. that are anticipated to be made by the end of 2009. The left hand turn lane for this directional median will be approximately 390 feet in length. F. The directional median opening constructed on Joyrose Place may be temporary and subject to change or removal by FDOT at the time the Davis Boulevard widening project or future development commences. G. This CPUD shall retain water management storage and treatment for one acre of right -of -way for the six laning of Davis Boulevard. In the alternate an equivalent amount of water can be stored and treated within the water management system for the widening of Collier Boulevard if the FDOT does not have an interest in one acre of storage area for the widening of Davis Boulevard, and the County constructs at its expense the drainage conveyance system to connect to the PUDs water management system. H. This project shall be subject to the East Central TCMA requirements, which include a selection of four transportation demand management strategies and fair share payment for impacts not to exceed 15% above impact fees. This requirement shall only be applicable for development that has not received a certificate of public facility adequacy. As of the date of the adoption of this ordinance, certificates had been issued for 145,000 square feet of unbuilt retail development. I. There shall be no issuance of COs for any permitted uses until such time as improvements have been substantially completed to Davis Boulevard and it is operational under a six -lane road condition, unless certificates of public facility adequacy have been issued prior to the adoption of this ordinance. J. Additional interconnections or existing interconnections can be modified or added for an additional off -ramp off of I -75 should it be constructed at a later date. 5.3 Utility Requirements A. The CPUD is currently serviced by an 8 inch water main, as well as a 12 inch force main, both on Bedzel Circle. 5 -2 B. The developer shall contribute easements of an approximate size of 40 feet by 40 feet for two well fields at the time of the final approval of the subdivision plat or site development plan approval. The first well field is located in the northwestern most corner of the CPUD and the second well field is located about 200 feet northwest of the proposed restaurant along the eastern edge of the development. All wastewater 5.4 Agenda Item No. 8B Februa, y 13, 2007 Pane 107 of 203 transmission facilities shall be set back 100 feet from these well field areas as required by FDEP. Engineering Requirements Subdivision of the site shall require re- platting in accordance with the LDC to define the right -of -way and tracts shown on the CPUD Master Plan. 5.5 Water Management Requirements A. The CPUD Master Plan provides for 11.4 acres for water management /preserve area measured from the top of the bank. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations, subject to and in accordance with the LDC. The preserve area shall not be less than 6.12 acres, based on 15% of the entire 40.8 acre site. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. C. The wet season water table elevation shall be established at the time of South Florida Water Management District (SFWMD) permitting. D. See also Section 5.2.G of the development commitments for transportation addressing provisions for acceptance of water from Davis Boulevard. 5.6 Affordable Housing Requirement: The developer shall make a payment of fifty cents ($.50) per gross leasable square foot to the Collier County Affordable Housing Fund at the time of SDP approval. This commitment and the subsequent payments shall be credited against any subsequently adopted affordable, work force, and /or other gap housing or housing needs impact fee, mitigation, exaction, fee, contribution, linkage fee, and /or other similar tax or charge, which would otherwise be applicable to the CPUD property. Gross leasable square footage attributable to the project for which COs or certificates of public facility adequacy have been issued prior to the date of adoption of this ordinance shall not be subject to this requirement. 5.7 Land Use and Project Phasing: A. The CPUD Master Plan management areas, and depicted on Exhibit "A ", 5 -3 provides for areas of commercial use and, water retained vegetation areas and road rights -of -way as the CPUD Master Plan. The CPUD Master Plan is A ,P?r)da lien Wo. v -_bruary 1, 31, 2007 pG�;° i 9R Of 203 designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. B. The anticipated time of build -out of the project is approximately six (6) years from the time of issuance of the first building permit, or 2012. Actual build -out will depend on market conditions. 5 -4 Agenda Item No. 8B February 13, 2007 Page 199 of 1-03 EXHIBIT "A" CPUD MASTER PLAN A.-eri a Iiem No, 8 E, b ua-y i.�, ? 7 payee 2300. of 203 EXHIBIT "B" LEGAL DESCRIPTION A parcel of land located in the East lit of Section 34, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of Section 34, Township 49 South, Range 26 East, Collier County, Florida; thence run North 00°32'14" West along the East line of the Southeast quarter of the said Section 34 for a distance of 50.00 feet, thence run North 89 °46'14" West, parallel with the South line of the Southeast quarter of the said Section 34 and along the Northerly right -of -way line of State Road 84 (previously known as State Road 858) for a distance of 455.36 feet to the POINT OF BEGINNING of the parcel of land herein described; thence continue North 89 °46'14" West along the Northerly right -of -way line of State Road 84 for a distance of 863.63 feet; thence run North 00 °26'16" West for a distance of 2,071.97 feet to a point of intersection with the Southerly right -of -way line of State Road No. 93 (Interstate 75) as the same is shown on State of Florida Department of Transportation right -of -way map for Florida State Road No. 93 (I -75) Section 03175- 2409, Sheet 6; thence run South 63 °27'12" East along said right -of -way line for a distance of 146.86 feet; thence run South 52 °20'28" East along said right- of -way line for a distance of 536.53 feet; thence run South 45 °13'56" East along said right -of -way line for a distance of 645.39 feet; thence run South 23 °17'10" East along said right -of- way line for a distance of 332.81 feet; thence run South 02 °46'25" East along said right -of- way line for a distance of 630.50 feet; thence run South 11'15'19" East (South 11'12'43" East per F.D.O.T. Map) along said right -of -way line for a distance of 69.56 feet to a point located 275.00 feet North of: as measured at right angles to, the South line of the Southeast quarter of the said Section 34, and a point on the North line of that parcel of land described in O.R. Book 699 at Page 1723 of the Public Records of Collier County, Florida; thence run North 89 °46'14" West, parallel with the South line of the Southeast quarter of the said Section 34 for a distance of 157.32 FEET TO A POINT LOCATED 300.00 feet Westerly of, as measured at right angles to, the East LINE OF THE SOUTHEAST quarter of the said Section 34, and a point on the Easterly line of that parcel of land described in O.R. Book 588 at Page 1805 of the Public Records of Collier County, Florida; thence run North 00'32'14" West, parallel with the East line of the Southeast quarter of the said Section 34 for a distance of 124.87 feet to a point on a circular curve concave to the Southeast whose radius point bears South 12°00'29" East therefrom; thence run Southwesterly along the arc of said curve to the left, having a radius of 224.66 feet, through a central angle of 78 °31'45 ", subtended by a chord of 284.38 feet at a bearing of South 38 °43'39" West, for a distance of 307.92 feet to the end of said curve; thence run South 00 °32'14" East, parallel with the East line of the Southeast quarter of the said Section 34 for a distance of 102.63 feet to the beginning of a tangential circular curve, concave to the Northeast; thence run Southeasterly along the arc of said curve to the left, having a radius of 25.00 feet, through a central angle of 89'14'00", subtended by chord of 35.12 feet at a bearing of South 45 °09'14" East, for a distance of 38.94 feet to the POINT OF BEGINNING. Containing 40.79 acres, more or less. Aoenda Item No. bB February 13; 2007 Page 201 of 203 EXHIBIT "C" LIST OF REQUESTED DEVIATIONS FROM LDC A deviation is granted from the requirements of Section 4.06.02D. Standards, for retention and detention areas in buffer yards, referenced in Subsection of 4.06.02(D)5.a. of the LDC which states "The shape of a manmade body of water, including retention and detention areas, must be designed to appear natural with curvilinear edges ", the referenced Standard is the re- vegetated areas to be provided in the preserve areas of shrubs and grasses to be planted along the perimeter of the water management pre- treatment areas 2 A deviation is granted from Subsection 4.06.05 H of the LDC that requires the toe of the slope to be set back a minimum of five feet from the edge of the right -of- way or property line, to allow the toe of the existing berm that was constructed in 1990 as part of the previously approved South Florida Water Management District permit to be located on the property line. 3 A deviation is granted from the requirements of Subsection 4.02.23D1.a. of the LDC, Development in the Activity Center #9 Zoning District that requires a buffer 25 feet in width, (a Type "D" buffer) is only applicable to vacant lots west of the Taco Bell site. The existing ten -foot buffer in front of Taco Bell and McDonald's site shall remain ten 10 feet in width as originally approved and developed. 10 il- e�ruary 13, 2007 gage 202 of 2'L3 ORDINANCE NO. 07 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUTY FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41. AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE .APPROPRIATE ZONING .ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY FROM I -75 /ALLIGATOR ALLEY PLANNED UNIT DEVELOPMENT "PUD" TO 1- 75;'ALLIGATOR .ALLEY COMMERCIAL PLANNED UNIT DEVELOPMENT "CPUD ", TO REDUCE THE SIZE OF THE PRESERVE!W.ATER MANAGEMENT AREA FROM 15 ACRES CURRENTLY REQUIRED BY THE PUD TO 10.58 ACRES; TO DELETE RESIDENTIAL USES AS A PERMITTED USE; TO PROVIDE A NEW LIST OF COMMERCIAL USES COMPARABLE TO THOSE ALLOWED IN THE C -1 THROUGH C -4 COMMERCIAL DISTRICTS, WITH SIC CODES; MODIFY THE PUD MASTER PLAN TO DEPICT THE FOOTPRINTS OF EXISTING LAND USES AND CONCEPTUAL FOOTPRINTS FOR UNDEVELOPED TRACTS; TO MODIFY THE CIRCULATION SYSTEM; TO ESTABLISH A MAXIMUM NUMBER OF SQUARE FEET ALLOWED TO 265,000; TO RELOCATE THE EXISTING WESTERN ENTRANCE 50 FEET TO THE EAST; AND TO DELETE THE 50 FOOT PERIMETER SETBACK, FOR PROPERTY LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD IN PROXIMITY TO THE INTERSECTION OF COLLIER BOULEVARD AND 1 -75, IN SECTION 314, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 40.8 ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 89 -82, AS AMENDED, THE FORMER 1- 75'ALLIGATOR ALLEY PUD: AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, Robert L. Duane of Hole Montes, Inc., representing Ronald Benderson et a], Trustees, c/o David H. Baldauf at Benderson Dev. Co., Inc., petitioned the Board of County Commissioners to change the zoning classification of the subject real property as part of Petition PUDZ -A- 2004 -AR -6417. NOW, THEREFORE, BE IT ORDAINED BY The Board of County Commissioners of Collier County, Florida that: SECTION ONE: The Zoning Classification of the subject real property described in Section 11 of the PUD Document, located in Section ,4, Township 49 South, Range 26 East, Collier County, Florida, is changed from 1-75/Alligator Alley PUD to 1- 75/Alligator Alley CPUD to reduce the size of the preserve/water management area from 15 acres currently required by the PUD to 10.58 acres; to delete residential uses as a permitted use; to provide a new list of commercial uses comparable to those allowed in the C -1 through C -4 Commercial Districts, with SIC codes: modify the PUD Master Plan to depict the footprints of existing land uses and conceptual footprints for PUDZ- A- 04 -AR- 6417.1 74 ALHQATOR ALLEY CPUD Page I o4'2 Agenda Item No. 8B February 13. 2007 Page 203 of 203 undeveloped tracts; to modify the circulation system; to establish a maximum number of square feet allowed to 265,000; to relocate the existing western entrance 50 feet to the east; and to delete the 50 foot perimeter setback, described in Section 11 of the PUD Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 89 -82, as amended, known as the I -75 /Alligator Alley PUD, adopted on November 29, 1989, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety and replaced with these regulations. SECTION THREE: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super majority vote of the Board of County Commissioners of Collier County, Florida, this day of 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA M Deputy Clerk Approved as to form and legal sufficiency Marjorie M. Student - Stirling Assistant County Attorney PJJDZ -A- 2004 -AR -6417- MJD asp JAMES COLETTA, CHAIRMAN PUD'Z- A -04 -AR -6417. 1 -74 ALEGATOR ALLEY (PUD Page 2 of 2 Agenda (tern No. 8C February 13, 2007 Page 1 of 72 EXECUTIVE SUMMARY Repeal of Collier County Ordinance 2002 -49, as amended by Ordinance 2005 -32, titled: an ordinance readopting the Collier County Fire Prevention and Protection Code by amending the Code of Laws and Ordinances of Collier County, Florida, amending Chapter 58, Fire Prevention and Protection, Article II, Fire Safety Standards for the unincorporated area of Collier County, by replacing Section 58 -26, pertaining to adopted standards and codes of the National Fire Code published by the National Fire Protection Association (NFPA), replacing Section 58 -27 pertaining to amendments to adopted fire codes, specifically NFPA 1, 2002 Edition replacing Section 58 -28, pertaining to amendments to the adopted Life Safety Code, specifically NFPA 101, 2002 Edition. OBJECTIVE: That the Board of County Commissioners (Board) approve the attached ordinance that repeals Ordinance 2002 -49, as amended by Ordinance 2005 -32, with the understanding that if deemed appropriate through public vetting of a replacement ordinance through the Development Services Advisory Committee (DSAC), and if approved by the appropriate state officials, the Collier County Fire Code Official will return to the Board with an amendment to the Ordinance as cited during the November 28, 2006 BCC meeting and referenced in the attached letter from County Manager Jim Mudd to Fire Commissioner Tom Cannon. CONSIDERATION: Prior to the State adopting the statewide Florida Fire Prevention Code, the Fire Code Official for Collier County deemed it necessary to provide for specific local regulatory requirements in the Collier County Fire Prevention and Protection Code and as such, created a local ordinance to establish local fire and life safety codes. That ordinance was codified as Chapter 58 in the Collier County Code of Laws and Ordinances. The provisions of the statewide Florida Fire Prevention Code allow for local governments to adopt local amendments by ordinance. Collier County placed these local codes in effect in 2002. The code was subsequently amended on June 28, 2005, Agenda Item 17D, as Ordinance 2005 -32 to comply with the fire codes mandated by the 2004 Florida Fire Prevention Code. A copy of Ordinance 2002 -49 and Ordinance 2005 -32 and the supporting executive summaries that proffered these amendments before the Board are attached as Attachments 1 through 4. On November 28, 2006 during the Board of County Commissioners (BCC) regular meeting, while discussing issues associated with agenda item 16E3, recommendation to approve budget amendments for the Courthouse Annex Parking Garage, Project 52010, in the total amount of $400,000, the Board directed staff to review, amend and update, as required, Ordinance 2002 -49, as amended by Ordinance 2005 -32. That ordinance was prepared by the Collier County Fire Code Official, an employee of the East Naples Fire District, and was vetted through the Development Services Advisory Committee and subsequently approved by a vote of 5 -0 by the Board as Agenda Item 8C on October 8, 2002. Under the direction of the Board, County Manager Jim Mudd sent the attached letter (attachment 5) to Commissioner Thomas G. Cannon, Chair, East Naples Fire Board, requesting that the Agenda Item No. &C February 13, 2007 Page 2 of 72 ordinance be amended and that the amendment be vetted through the DSAC and representatives of the Collier Building Industry Association (CBIA) prior to scheduling the ordinance for Board review and approval. In addition, with this revision, pursuant to Statute 633.0215(3), Mr. Mudd respectively requested that prior to adoption by the Board, the fire district submit the proposed amendment to the State Fire Marshal for review and for a recommendation as to whether it should become part of the Florida Fire Prevention Code applicable only to the incorporated and unincorporated areas of Collier County. While not contained in Mr. Mudd's letter to Commissioner Cannon, further discussion has revealed the ordinance will require review and approval by the Florida Building Commission, in accordance with State Statute 553.73, in addition to the State Fire Marshal, in that the ordinance as currently enforced requires a more stringent fire resistive construction in some cases than the minimum requirement of the 2004 Florida Building Code. FISCAL IMPACT: The repeal of this ordinance could result in an action by the fire districts to terminate the existing interlocal agreement between Collier County and the respective independent fire districts (attachment 6). If such action occurs, it would create a set of circumstances that would require the County to enter into a separate agreement with the dependent fire districts in order to conduct the required fire code reviews and inspections. If the County is unable to enter into such an agreement, all permitting, except for one and two family and associated accessory permitting, would cease until such time that the County hired licensed Fire Safety inspectors to perform the required plan reviews and site inspections. GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATION: The County Attorney's Office reviewed and approved the Ordinance. RECOMMENDATION: That the Board approve the attached ordinance that repeals Ordinance 2002 -49, as amended by Ordinance 2005 -32, with the understanding that if deemed appropriate through public vetting of a replacement ordinance through the Development Services Advisory Committee, and if approved by the appropriate state officials, the Collier County Fire Code Official will return to the Board with an amendment to the Ordinance as cited during the November 28, 2006 BCC meeting and referenced in the attached letter from County Manager Jim Mudd to Fire Commissioner Tom Cannon. Prepared by: Joseph K. Schmitt, CDES Division Administrator 4.rlenda Item No, 2C February 13, 2007 Page 3 of 72 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -••, Item Number: ?C Item Summary: Pq)eal of Golller County Ordinance 2002 -49. as amenda0 oy Ordina nce ::005 -32 titled an ordinance readopting trie CDlher County Fire Prevention and Protection Cade by arrendir;g tree cDde of -tiws and ordinance, Df CDiher County, Florida. amending Chapter 58. Fire Prevention and Protection 1l II. Fire Eaiety Standards for the onincerporated area of Collier County . by replacing Section 58 -2C, pertainind to adopted standards and codes of the National Fire Code Published by the National =rte Protection Association lNFPA,.. replacing Section 5 9-27 pertaining to amendments to adopted fire codes specifically NFPA 1, 2002 Edition replacing Section 58 -28, pertaining to amendments to the adopted Life Safety Code, specifically NFPP, 101, 2002 Edition Meeting Date: 2113!200 %9'. 00.00.AM Prepared By Community Development 8 Joseph K. Schmitt Date Environmental Services Adminstrator Community Development & Community Development & 11912007 1:11:20 PM Environmental Services Environmental Services Admin. Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development 8 71512007 1:22 PM Environmental Services Environmental Services Admin. Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development B 119/2007 1:25 PM Environmental Services Environmental Services Admin. Approved By Community Development 8 Joseph K. Schmitt Date Environmental Services Adminstrator Community Development 8 Community Development 8 11912607 4:52 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/2672007 7:51 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1/2812007 8:08 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1126/2007 8:34 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 2/112007 2:45 PM Approved By James V. Mudd County Manager Date Board of County Counh- Manager's Office 217!2007 S:OG PM Commissioners Attachment 1 �-,gerua !1em No. SC 1�IS19Z0 X16 27 February 3, 2OJ F ;'� �► Page 4 of 72 �' = °• �_ o ORDINANCE NO. 2005- 32 - r= ,.� , c�sis�Z�_�ch'�AN ORDINANCE AMENDING THE CODE OF LAWS ANM,�. ORDINANCES OF COLLIER COUNTY, FLORIDA, A,4- -, ADOPTED BY ORDINANCE NUMBER 02 -49, THE COLLIERr, - COUNTY FIRE PREVENTION AND PROTECTION CODE BY AMENDING CHAPTER 58, FIRE PREVENTION AND PROTECTION, ARTICLE II, FIRE SAFETY STANDARDS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, BY AMENDING SECTION 58 -26, PERTAINING TO ADOPTED STANDARDS AND CODES OF THE NATIONAL FIRE CODES PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION (NFPA); AMENDING SECTION 58 -27, PERTAINING TO AMENDMENTS TO ADOPTED FIRE CODES, SPECIFICALLY NFPA 1, 2003 EDITION; REPLACING SECTION 58 -28, PERTAINING TO AMENDMENTS TO THE ' ADOPTED LIFE SAFETY CODE, SPECIFICALLY NFPA 101, 2003 EDITION; PROVIDING FOR THE INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR _ CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida (Board) has fire safety responsibilities for Collier County; and WHEREAS, Section 633.025, Florida Statutes, subsection (1) establishes the Florida Fire Prevention Code and the Life Safety Code, as adopted by the State Fire Marshal as the state minimum code; and WHEREAS, Section 633.025, Florida Statutes, subsection (4) enables a county with fire safety responsibilities to adopt more stringent fire safety standards or alternative requirements where, as here, a determination has been made that there is a need to strengthen the requirements of the minimum fire safety code adopted and enforced by Collier County; and WHEREAS, the Board hereby determines upon its review of local conditions - which review demonstrates that local conditions justify more stringent requirements than those specified in the minimum fire and life safety code for the protection of life and property or justify requirements that meet special situations arising from historic, Agenda Item No, 8C February 13, 2007 Page 5 of 72 geographic, or unusual conditions - that local amendments to the statewide minimum code are needed and will serve a public purpose; and WHEREAS, as required by Section 633.0215, Florida Statutes, the State Fire Marshal has recently adopted a new edition of the Florida Fire Prevention Code; and WHEREAS, in accordance with Section 633.025, subsection (4)(a) a properly advertised public hearing was held and all interested persons were afforded the opportunity to provide any comments; and WHEREAS, it is necessary to update the Collier County Fire Prevention and Protection Code to reflect the foregoing matters; and WHEREAS, the amendments to the statewide minimum code set forth below are essential to maintain an established and effective level of fire prevention and protection. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The text of the following sections of Chapter 58 of Article II, of the Code of Laws and Ordinances of Collier County, Florida, is amended as follows: Sec. 58 -26. Collier County Fire Protection and Prevention Code Adopted. The standards and Code sections of the "National Fire Codes ", as published by the National Fire Protection Association (NFPA), as adopted by the rules of the Division of the State Fire Marshal section 4 69A- 3.012, 4 69A - 60.005 or referenced by the 20093 edition of NFPA 1 or NFPA 10 1 and those listed below by standard number and edition and as amended herein, are hereby adopted by reference and made a part of the "Collier County Fire Prevention and Protection Code," intended to protect the health, safety, common interest. and convenience of the citizens, visitors, and residents of Collier County, Florida. NFPA Code Standard Edition Description 18 1995 Wetting Agents 42 43942002 Storage of Pyroxylin Plastic 50A 1999 Gaseous Hydrogen Systems Agenda Item No. 8C February 13; 2007 Page a of 72 70E 2000 Electrical Safety Requirements for Employee Workplaces 79 199 2002 Electrical Standard for Industrial Machinery 97 2000 Glossary of Terms Relating to Chimneys and Vents 170 4-9992002 Fire Safety Symbols 412 1998 Evaluating Aircraft Rescue and Fire Fighting Foam Equip. 423 1999 Const. and Protection of Aircraft Engine Test Facilities 513 560 1998 ;99-5 Motor Freight Terminals Perage, 9wtd4mg Use and efi&h.�4e#! 600 2000 oxide Industrial Fire Brigades 601 2000 Security Service in Fire Loss Prevention 901 2001 Standard Classifications for Incident Reporting 1961 1997 Fire Hose 1964 1998 Spray Nozzles Sec. 58 -27. Amendments to Fire Codes. The "National Fire Codes, NFPA 1, Fire Prevention Code, 29882003 Edition," is hereby amended by local amendment as follows: (A) CHAPTER 1 ADMINISTRATION AND ENFORCEMENT (1) BOARD OF APPEALS i) Strike all existing text and amend 4--9 1.10 to read as follows: 4- -&1.10 BOARD OF APPEALS Will operate and be comprised as set forth in the Collier County Land Development Code, PiY44em- - AChapter 8.05.00, except that the Collier County Fire Marshal's Association may recommend those two members one of whom would be an architect or engineer and one whom must be a fire protection specialist for consideration by the Board of County Commissioners. (2) NOTICE OF VIOLATIONS, PENALTIES i) Amend 149.163.4 to read as follows; Agenda Item No. SC February 13, 2007 Page 7 of 72 1x-9.16 -3.4 Any person who fails to comply with the provisions of this code or who fails to carry out an order made pursuant of this code or violates any condition attached to a permit, approval, or certificate shall be subject to the penalties established by this jurisdiction. Nothing herein contained is intended to prevent the Independent Fire Districts of Collier County from taking such other lawful action in any court of competent jurisdiction as the District deems necessary to prevent or remedy any violation. Such other lawful action shall include, but shall not be limited to, any equitable action for injunctive relief or action at law for damages. The Independent Fire Districts of Collier County shall have the power to enforce the provisions of this Code and ordinances by means of the Collier County Code Enforcement Boards. (B) CHAPTER 1 ADMINISTRATION AND ENFORCEMENT (1) APPLICATION Referenced Standards i) Amend subsection 444 1.3.2.1 to read as follows: ! 5.2 1.3.2.1 Details regarding processes, methods, specifications, equipment testing and maintenance, design standards, performance, installation, or other pertinent criteria contained in those standards and codes listed in Chapter 32 of this Code and those adopted pursuant to the Collier County Fire Prevention and Protection Code Section 58 -26 shall be considered a part of this code. ii) Amend 9subsection 434 1.3.7 to read as follows: 444 1.3.7 Buildings in existence or permitted for construction prior to the adoption of this Code shall comply with the provisions stated herein or referenced for existing buildings (10. 3.3 ofNFPA 1 2003 edition). (2) OCCUPANCY Agerua item Na. 8C February 13.'007 Page 3 �f 72 Existing buildings or installations that do not comply with the provisions of the publications referenced in 1-5..2 1.3.2.1 shall be permitted to be continued in use, unless the authority having jurisdiction determines that the lack of conformity with these standards presents an imminent danger. Exception: A limited but reasonable time shall be allowed for compliance with any part of this Code for existing buildings, commensurate with the magnitude of expenditure, disruption of services, and degree of hazard. Occupied existing buildings shall comply with 41-9 -2 4.5.4. Amend Ssubsection 1-4-1- 4.5.4 to feed - es €chews =add condition #4 4-41 shall be eeeupied in whole er- in pai4 in N,ielatkm o the provisions, R4 this Gede or- ethef f 4) All tenants and occupants shall obtain a "Notice of Fire Compliance" certificate from the appropriate fire district prior to the occupancy and use of a new or existing building as evidence of compliance with the Collier County Fire Prevention and Protection Code. Such original certificate shall be displayed in a prominent location within the structure, building, or portion thereof. Exception: Occupants of one and two family dwellings and residential tenants in multi - family buildings are exempt from the requirement of obtaining a "Notice of Fire Compliance ". Agenda Item Nd. 8C February 13, 2007 Page 9 cbf 72 the subje- a r 1�� prohibited The her-ein may be wended by , meted- �- tlte- 4�ee�: � (43) PLANS REVIEW i) Amend Ssubsection 4-8:2 1.14.2 to read as follows: 1 18.21.14.2 a"lieemt to ensufe thew The applicant shall be responsible to ensure that the following conditions are met: (1) The construction documents include all of the fire protection requirements (2) The shop drawings are correct and in compliance with the applicable codes and standards (3) All plans for proposed new structures and square footage additions to existing structures include 8 and `/z x 11 page or pages entitled "Fire Protection Plan" that depict the following: r.ger:aa Iterr No; 8C February 13. 2007 Page 10 �f 72 (a) Completed form titled "Collier County Fire Districts Pre - Incident Planning Data ". Form must be completely filled out, indicating N/A where not applicable. (b) Use of Uniform Drawing Symbols and Legend as published in NFPA 170, Standard for Fire Safety Symbols (pwiieelady ehapten ` p. " 199 2002 Edition: Copyright National Fire Protection Association. (c) North arrow. (d) Overall building dimensions. (e) To scale site plan showing the entire property boundaries, entire structural footprint, all building entrance openings, exit stairs, pavement areas and fire lanes, fire hydrants, adjacent roadways with names, and distances to all fire hydrants within 1000 ft (304.8m) measured along the centerline of the street, driveway or fire lane. (f) Florida Building Code Construction Type. (g) Number of stories of structure and total square footage under roof per story. (h) A wall detail /section from foundation through the roof illustrating the predominant or typical floor(s), wall(s) and roof materials. Such detail /section shall be keyed with a call mark on the structural footprint required (a) above. (i) Needed fire flow as required by section:? 5.1.1 - 13.5.1.1. (j) Fire district water supply flow test(s) as required by section �- 544 13.5.1.5. I (k) Main utility (electric, gas, water, etc.) shutoff locations. (1) Hazardous and/or combustible materials locations and estimated quantities. (m)Locations of features of fire protection systems (fire department connections, fire sprinkler shut -off, fire alarm panels, standpipes etc.) Exception 1: Group R -3. One and Two - family Residences. Agenda Items No_ 8C February 13, 007 Page 11 of 72 Exception 2: Ancillary structures like guardhouses, restrooms etc. Not exceeding 1000 square feet in area. Exception 3: Square footage additions that do not exceed 1000 square feet. (4) The contractor shall maintain an ayvroved set of construction documents on site. (5) COST OF PERMIT (i) Add Section 1 -24.17 to read as follows: 1-24.17 COST OF PERMIT Refer to Collier County Resolution No. 01 -313 -U successor, (establishing fees), Exhibit B (C) CHAPTER 2 3 DEFINITIONS (1) DEFINITIONS (i) Add the following definitions to read as follows: 2 1.166 3.3.216 Fire Marshal - The Fire Chief or his/her designee within each independent fire district or the Collier County manager or his/her designee within any dependant fire district within Collier County. 2 1.167 3.3.217 Fire Official - The individual appointed by the FIRE DISTRICTS and employed by the Administrative District who is responsible for the fire plan review office. 2 -1.168 3.3.218 Ox,ner- Any person or entity having a legal or equitable interest in the property. 2-1.16 3.3.2191nterlocal agreement - An agreement entered into between the board of County Commissioners and any Independent Fire District(s). 2 1.179 3.3.220 Manual Wet Standpipe- Refer to NFPA 103 -23 Item 4 February 13; Page 12 2-x.171 3.3.221 Residential Occupancy (Group R) - Refer to the Florida Building Code, 2000 Edition for the definition and sub - classification, or its successor. (D) CHAPTER 3 10 GENERAL PR9 NS FIRE SAFETY (1) OPEN OUTDOOR FIRES, INCINERATORS, OUTDOOR FIREPLACES. Amend Ssubsection 3 4.1 10.11.1 to read as follows: 3-44 10.1 1.1 Permits. Permits are required and shall comply with Section 146.12. Exception; Cooking fires and small recreational fires not intended for vegetation or rubbish disposal when conducted safely and on the property of the subject. Notwithstanding the above provisions, for 30 days commencing with the declaration of a state of emergency by the Governor of the State of Florida, because of extended drought and the resulting potential for wildfires, which includes all or parts of Collier County, there shall become effective a prohibition against kindling, creating or maintaining any campfire, bonfire, open or barrel burning of trash, discarding of lighted smoking materials outdoors, smoking in county parks, and the sale or use of fireworks. The use of open barbecues or barbecue pits utilising charcoal or wood shall be prohibited within 600 yards of any forest, grassland, woods, wild lands or marsh area within Collier County. The prohibitions expressly provided herein may be extended by resolution duly adopted by the board 8C 07 72 Agenda Item No. 8C February 13, 2 07 Page 13 0 72 (2) FIRE S DEPARTMENT ACCESS AND WATER SUPPLY * . ...... ... q .. . ......... Agenda Item No.! 8C February 13, 2 -07 Wage 14 172 Agenda Item NaI. 8C February 13. 007 Page 15 if 72 18.2.2.5.1.1 Fire department access roads shall have an unobstructed width of not less than 20 ft (6m) and have an unobstructed vertical clearance of not less than 14 ft. Minimum width gray be reduced to meet special access with the annproval of the fire official. iii) Amend subsection 18.2.2.5.3 to read as follows: 18.2.2.5.3 Turning Radius. The turning radius fQr fire lanes not exceeding -a 90 degree turn where serving buildings shall be 25 ft inside and 49 ft outside and turnina radii for fire lanes ss rvine parking lots only shall be 25 ft inside and 45 ft outside Where turns exceed 90 degrees the standards for turnarounds shall W-21-Y-. iiii Amend subsection 18.2.2.5.4 to read as follows: 18. .2.5.4 Dead Ends An approved turn around for fire apparatus shall be movided where an access road is a dead end and in exc ss of 150 ft (46m) in length. The turnaround shall have a minimum centerline radius of 40 feet (12.7m). The ,grade surface and location of the fire lane shall be approved by the authority having iurisdietion. At least one elevation of each building+ shall be accessible to the fire department. igiv) Add Ssubsection 333-1 10.12.2.1 to read as follows: 3 5.5.1 10.12.2.1 EMERGENCY VEHICLE ACCESS y-5 3- 110.12.2.1 This section is intended to apply to all gate installations EXCEPT those serving individual single - family residences. Aaerda Item lac. SC uruary i3, 2 07 ?age 16 u 72 +v) Add &subsection 3- 5.5.1 1. 10.12.2.2 to read as follows: 3- 5.9.1.1 10.12.2.2 All electronic access control gate to structures and properties that may require emergency services that restrict the free ingress and egress of emergency vehicles and are not constantly attended 24 hours per day shall be provided with an electronic transmitter /receiver system capable of being programmed with a unique activation code and frequency approved by the authority having jurisdiction. Such code or frequency shall not be used by or provided to other gate users. Existing installations shall comply within 180 days subsequent to the notification date by the authority having jurisdiction. vi) Add Ssubsection 3 5.5.2.3 10.12.2.3 to read as follows;_ 3- 5.5.13 10.12.2.3 All electronic access control gates required under section 3- 3:3:4.4 I0.I2.2.2 shall be compatible with the uniform county- wide transmitters. Said transmitters are carried only within emergency services vehicles. vii) Add &subsection 3- 3:3;4 10.12.2.4 to read as followsi_ 3- 5.5-3.4 10.12.2.4 All electronic access control gates shall have a battery backup with a fail safe override. Exception No. 1 - Any other override system acceptable to the Authority having jurisdiction. Exception No. 2 - Gates serving individual single- family residences. viii) Add Ssubsection 3- 5:3-25 10.12.2.5 to read as follows;_ Agenda Item loo. SC February 13, 20017 Page 17 of 72 ; 5.5.2.5 10.12.2.5 All non - electronic access control gates to structures and properties that may require emergency services that restrict the free ingress and egress of emergency vehicles and are not constantly attended 24 hours a day shall be provided with a key box per section 3-6 10.I2.1. Exception No. 1 — Gates serving individual single - family residences. Lpx Add Ssubsection 3- 5.5.2.6 Ol 12.2.6 to read as follows;: 3- 55.5.2.6 10.12.2.6 All electronic gates are required to receive a building permit with fire review prior to installation. ix) Amend &subsection 3-5.6 18.3.4.1 to read as follows;. 3 -3-6.2-1 18.3.4.1 Hydrants. Clearance of 3 feet to the rear and sides of fire hydrants and clear to the street. No new wet or dry retention or detention areas shall be located between the fire hydrant and the fire access area unless prior approval is received from the fire official. xi) Amend Ssubsection 3-5:6.2 18,3.4. to read as follows; 3- 5:6.:2 18.3.4.2 Fire Protection Appliances. Clearance of 3 feet to sides and clear to the street. No new wet or dry retention or detention areas shall be located between the fire appliance and the fire access area unless prior approval is received from the fire official. (32) PUBLIC SPECIAL OUTDOOR EVENTS, CARNIVALS. FAIRS AND EVENTS i) Addmend section 3-19. 10.16.3 to read as follows;: 3- -410.16.3 n i iuli v —Assemblages wW R e - Life Safety Evaluation. Life safety evaluations AgenCla Item No. 8C February 13, 2007 Pacae 18 of 72 are required and shall be in accordance with 12.4.1 of NFPA 101. Life Safety Code The evaluation shall be submitted to the AHJ a minimum of two weeks prior to the starting date of the event. Add ;;subsection 3-1 0.7,3 10.16.4.1 to read as follows-'-- 3-18- 7310.16.4.1 The attherit�, haviRg iwisdietien AHJ is hereby authorized to assess and collect reasonable compensation for services rendered to public assemblages Agenda Item No. SC February 13, 2007 Page 19 of 72 and events covered by the provisions of section 3-44.4 10.16.4, as it may deem necessary in accordance with the applicable service resolution of the governing body. (E) CHAPTER ;E 13 FIRE PROTECTION SYSTEMS i) Add Ssubsection 7 2.2 13.2.2.2.1 to read as follows;_ 13.2..2.1 €veepsiam != Buildings classified as R -2, four stories in height are required to have manual wet standpipes in accordance with NFPA 14. ii) Add Ssubsection 7 -2.2.2-t 13.2.2.2.2 to read as follows: 7 2.2.2.1 13.2.2.2.2 Any building five stories or more in height and not otherwise classified as a high rise building as defined by the Florida Building Code, 2001 Edition or its successor, shall have an automatic wet standpipe system in accordance with NFPA 14 capable of supplying the required gallons per minute with a residual pressure of 65 psi at the uppermost hose connection. iii) Add Ssubsection 7. 2.2 13 2.2.2.3 to read as follows;: 7 2.2.;.2 13.2.2.2.3Any high -rise building as defined by the Florida Building Code, 2001 Edition or its successor, shall have an automatic wet standpipe system in accordance with NFPA 14 capable of supplying the required gallons per i Agenda item NP. 8C February 13, 007 Page 20 c f 72 i minute with a residual pressure of 100 psi at the uppermost hose connection. iv) Add &subsection 7 2.2.2.3 13.2.2.4.2 to read as follows;_ x:313.2.2.4.2 Fire department valves on standpipe systems shall not be pressure - reducing valves. Pressure restricting devices shall be installed on any valve with pressure in excess of 175 psi. Pressure restricting devices shall be so as to be readily removable, leaving hose threads acceptable to the authority having jurisdiction. V) Add &subsection 7 2 1 2 4 13.3.1.6.1 to read as follows;_ 7- 2- 2.2.413.3.1.6.1 All fire department connections, other than those serving a high rise building, shall be located within 50 ft (15.25m) of a fire hydrant and within 50 ft (15.25m) of a fire department vehicle access road. Exception 1: Fire department connections supplying fire sprinkler systems in accordance with NFPA 13R that are not a part of a standpipe system. Exception 2: Actual locations of fire department connections shall be as approved by the authority having jurisdiction. vi) Add &subsection 7 2.2.2.5 13.3.1.6.2 to read as follows;; 7-313 3.1.6.2 New high -rise buildings shall be equipped with two fire department connections. One connection shall be located at the building and one shall be located within 15 ft (4.6m) of a fire hydrant. Either fire department connection shall be capable of operating independently of the other. The second fire department connection required at the building shall not be required to be located within 50 ft (15.25m) of a fire hydrant. vii) Addmend subsection 7-3.1 13.3.1.1 to read as follows: 7-3.1. 1-13.3.1.1 Automatic sprinklers shall be installed and maintained in full operating condition, as specified for the occupancy involved in the codes Agenda Item No. 8C February 13, 2007 Page 21 of 72 or standards listed in Chapter 32. Installations shall be in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems; NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height; or NFPA 13D, Standard for the Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes, as appropriate. All fire sprinkler systems shall be designed with hydraulic calculation method. System design will be based on a current flow test. For flow tests with a static pressure of 55 PSI or more the test will be extrapolated to seasonal static of 50PSI. The formula is as follows: X Factor = Seasonal Static / Measured Static Design Res. Pres. = (Residual Pres) x (X Factor) Design Pitot PSI = ( Pitot Press) x (Xfactor) For flow tests with a static of less than 595 psi the un- extrapolated flow test shall be used. However in this case a minimum safety factor of 5 psi above the demand point of the system shall be used. Fire flow data shall be attached to the hydraulic calculations as per section 75.1.1 13.5.1.1. viii) Add to Section 7. 3:2.2 13.3.2..1 to read as follows: Automatic fire extinguishing systems shall be provided, in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems, when required by this Code, or referenced codes and standards listed in Chapter 32; and in all new residential occupancies containing more than four (4) living units; and when otherwise required by Collier County. Exception No. 1: Residential occupancies up to four (4) stories in height may be protected in accordance with NFPA 13R Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, where not Aaenca kem Rio. SC February 13,. 2 Ci7 Page 22 0 72 otherwise required to be protected by sprinklers pursuant to the Building Code or other applicable standards. ix) Add subsection'' ^2� 13.3.2.1.2 to read as follows;; 7-3.x .113.3.2.1.2 All Automatic fire extinguishing systems, installed voluntarily, arbitrarily or otherwise, shall provide an adequate means (stub - out) for future fire sprinkler protection on lanais, balconies and canopies in residential occupancies. X) Affwndd subsection 7 -3.4.2 13.3.1.7.1.1 to ekm�, read as follows: 13.3.1.7.1.1 Valves connections to water supplies sectional control and isolation valves and other valves in supply pipes to sprinklers and other fixed water -based fire suppression systems other than I3D systems installed in one and two family dwellings, shall be supervised by Central station proprietary or remote station signaling service complying with NFPA 72 Each alarm panel shall electrically monitor all fire sprinkler control valves of the fire sprinkler system it monitors All control valves in I3D systems shall be chained and locked in the open position. xi) Add &subsection 7 5. i. i 13.5.1.1 to read as follows;_ 7 5.1.1 13.5.1.1 The following are fire flow requirements for new construction, changes in occupancy or use to a more hazardous classification (according to National Fire Protection Association 101, 20083 edition) or any physical enlargement of existing buildings. All one and two family Aaemda Item No. 8C February 13, 2007 Paae 23 of 72 dwellings are exempt fepm from these requirements except new subdivisions as provided below: New exclusive one and two family subdivisions: Building Square Footage Min. Fire Flow (GPM) Less than or equal to 5000 500 Greater than 5000 750 Subdivisions not capable of delivering the required fire flow shall provide automatic sprinkler systems in accordance with NFPA 13, 13R or 13D, 4999 2002 editions as applicable. All other buildings shall calculate required fire flows in accordance with the following formula shown in subseefien (3} below. This formula establishes a base flow from which the degree of hazard, credit for fire sprinkler protection and separation distance will result in a final needed fire flow. National Fire Protection Association 13, 49W 2002 edition shall be used for the purpose of determining hazard classification. NFPA classification Formula application _ Light Light Ordinary I & II Ordinary Extra High Fire flow based on the formula NFF= [(18) x COEFFICIENT FOR THE CONSTRUCTION TYPE) x (SQUARE ROOT (BUILDING SQUARE FOOTAGE)) x HAZARD FACTOR x EXPOSURE FACTOR x FIRE SPRINKLER FACTOR Coefficients based on construction type. 1.5 = Wood (Type VI) 1.0 = Ordinary (Type V) 0.8 = Noncombustible (Type III & IV) 0.6 = * Fire resistive (Type I & II) F.pun �a item No. 8C February !3, 007 Page 24 if 72 Coefficient based on hazard. 0.75 = Light hazard 1.0 = Ordinary hazard 1.25 = High hazard Coefficient based on exposure distance in feet. 0 -10 = 1.25 11 -30 = 1.2 31 -60 = 1.15 61 -100 = 1.1 101 -150 = 1.05 >150 = 1 Coefficient based on fire sprinklers. 0.5 = Fully fire sprinklered 1 = Not fully fire sprinklered *Fire resistive construction need only be calculated on the three (3) largest successive floors of highest hazard classification. A four -hour "fire wall' may be used to reduce total square footage of a building for the purposes of fire flow requirements, providing the wall intersects each successive floor of the building and complies with NFPA 221. The minimum required fire flow for commercial and multi - family occupancies shall be 750 GPM. Owners and developers shall make provisions to install water lines and fire hydrants to meet spacing and fire flow requirements. Where fire mains exist but do not meet the fire flow requirements, alternative arrangements may be made, prior to construction, with the authority having jurisdiction. Due to the concern for public safety, failure to meet the fire flow requirements or come to alternative agreement shall be grounds for refusal for the county to issue building permits. xii) Add subsection 13.5.1.2 to read as follows: Agenda item No.I8C February 13. 2 07 Page 25 of 72 13.5.1.2. The required size of the water mains, installed for fire protection shall be determined by hydraulic calculation based upon a current a fire flow test (not more than six months old). These calculations shall extend from the location of the flow test to each fire hydrant on site and shall indicate that the minimum required fire flow determined by Section 13.5.1.1 is available. This section is to be used for design purposes only. Actual fire flow availability will be determined at time of building permit application. xiii) Add £subsection 7 5.1 13.5.1.3 to read as follows;_ 7 5.1.213.5.1.3 Where buildings are constructed, with the furthest point of the structure being one hundred fifty (150) feet or more from a public street, requires private mains and fire hydrants which shall meet the required fire flow with spacing to be determined by the fire official, not to exceed three hundred (300) foot maximum distance between hydrants. Hydrant spacing and required fire flow may be altered by the fire official if, by prior arrangement with the fire official, automatic fire suppression systems are installed in all buildings on the premises. *iii) xiv Add subsection 7 5.13 13.5.1.4 to read as follows: 75. 1-313.5.1.4 Maximum distance between fire hydrants shall be five hundred (500) feet in exclusive one and two family areas with buildings not exceeding 5000 sq ft, and three hundred (300) feet in all other areas. *iV xv) Add subsection: 5.1.4 13.5.1.5 to read as follows: 7 5.1.413.5.1.5 Where buildings are proposed in an area not meeting the hydrant spacing requirements, the owner or developer shall provide the number of hydrants prescribed by the fire official, under the terms of this section. *-+ xvi) Add subsection 7 5.1.5 13.5.1.6 to read as follows: -3-1 " 13.5.1.6 Prior to development of new structures or fire protection systems, a fire flow test in accordance with NFPA 291 shall be preformed by the fire district Agenda Item lvo�" SC February 113, D07 Page 26 if 72 having jurisdiction. Such tests shall be completed no longer than six months prior to the submittal for permit. Calculations of the available fire flow at a minimum of 20 psi residual shall be provided on the fire protection plan required by section 1 18.2 1.14.2 or with the hydraulic calculation package submitted for fire protection system permits. Fire flow test reports shall be submitted on the official letterhead of the fire district having jurisdiction. *vi xvii) Add subsection 7 S. 1.6 13.5.1.7 to read as follows: 7-5r. 1 .5.1.7 Fire hydrants shall be provided for structures in accordance with NFPA 24 and shall be distributed so that the Needed Fire Flow determined by the fire official may be delivered. Hydrant locations and distances to proposed structures shall be indicated on the Fire Protection Plan required in section I-I8.2 1.14.2 *V4 xviii) Add subsection 7 6. i .'7 13.5. 1.8 to read as follows: 3- 1- 713.5.1.8 Proposed single structure site developments within 1000 ft (304.8m) of existing water mains shall extend such mains so that the main sizes and hydrant locations comply with the provisions of this code. Measurement of the distance shall be along existing or proposed roads, street, driveways or fire lanes as applicable. Where no piped water supply exists within 1000 ft (304.8m) distance criteria, the requirements of NFPA 1142, Standard on Water Supplies for Suburban and Rural Fire Fighting 49W 2001 edition, shall apply. Proposed multi - structure site developments shall provide permanent fire protection water supply from a public or private utility system or construct a private engineered water system acceptable to the authority having jurisdiction and capable of delivering the required Needed Fire Flow specified in subsection 7 5.1.1. 13.5.1.1. **iii xix) Amend Section 13.5.3 to add the following: a sin ale, dedicated fire sprinkler backflow assembly may serve a maximum of two buildines. X* xxi) Add subsection !4-4 13.7.1.4.11.1.1 to read as follows: Agenda Item No. 8C February 13, 007 Page 27 if 72 7-q,1 413.7.1.4.11.1.1 All fire sprinkler systems shall be monitored by a UL listed Remote or Central station monitoring agency. Exception No 1: One and two family dwellings protected by 13D systems. xxi) Add subsection 7-7.1:5 13.7.1.4.11.1.2 to read as follows: 7- 7.1.513.7. 4.11.1_2 All fire sprinkler systems shall activate one or more monitored audio /visual device located on the exterior of the building. The number and location of the device(s) shall be approved by the authority having jurisdiction. Exception: Single family dwellings. See. 58 -28. Amendments to the Life Safety Code. NFPA 101 Code for Safety to Life from Fire in Buildings and Structures, 20003 Edition, is amended as follows: (A) CHAPTER 4: GENERAL i) Add new subsection 4. 99, "Use of Fire and Spark Producing Devices in Public Places" to read as follows: 4.89 Use of Fire and Spark Producing Devices in Public Places. ii) Add new subsection 4.59.1 to read as follows: 4.89_.1. It shall be unlawful for any person to smoke, light or carry a lighted cigar, cigarette, pipe, match or use any spark, flame, or fire producing device not specifically authorized by the appropriate district or area fire chief or inspector in any of the following areas: Agenda item N� 8C February 13, J07 Page 28 f 72 1) In the board of county commissioners' chambers, and in all other public meeting rooms in the county courthouse complex, and administrative buildings, when a public meeting is in progress. 2) In any public theater, church, tent, motion picture house or other auditorium used for such shows or performance when the public gathers. 3) In any mercantile store which voluntarily elects, by and through the actions of its management, to be included within this section. This prohibition shall not apply to restrooms, restaurants, coffee shops, soda fountain counters, executive offices or beauty parlors in such mercantile stores. (B) CHAPTER 9: BUILDING SERVICE AND FIRE PROTECTION EQUIPMENT (1) SECTION 9.6 FIRE DETECTION, ALARM, AND COMMUNICATION SYSTEMS (I) GENERAL i) Add Subsection 9.6.1.101to read as follows;: 9.6.I.101 The authority having jurisdiction may approve and shall have the authority to require listed manual fire alarm box covers or listed double action pull stations to be installed where manual fire alarm systems are susceptible to malicious false alarms. (II) OCCUPANT NOTIFICATION ii) Amend subsection 9- 6.3.$7 to read as follows;_ 9- 6.3.87 Audible alarm notification appliances shall be of such character and so distributed as to be effectively heard above the average ambient sound level occurring under normal conditions of occupancy. Residential occupancies: ' Audible alarm indicating devices shall be clearly audible in all bedrooms over background noise levels with all Agenda Item No.1 8C February 13, 2 07 Page 29 o 72 intervening doors closed. The audible alarm indicating device sounding shall be measure a minimum of 785 decibels at the pillow height in all bedrooms. (2) SECTION 9.7 AUTOMATIC SPRINKLERS AND OTHER EXTINGUISHING EQUIPMENT SECTION 9.7.4 MANUAL EXTINGUISHING EQUIPMENT i) Amend 9.7.4.1 to read as follows: 9.7.4.1 Portable fire extinguishers shall be installed in all commercial and multi - family occupancy classifications in accordance with NFPA 10, The Standard for the Installation of Portable Fire Extinguishers. SECTION THREE: Inclusion in the Code of Laws and Ordinances: The provisions of this Ordinance are intended to become and to 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," "article," or any other appropriate word. SECTION FOUR: Conflict and severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive provisions are intended to apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion is deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portion. SECTION FIVE: Effective date. This Ordinance becomes 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 ' 2005 W 0 t� t� �d�, • 3. tide '. and legal sufficiency: ER A. BELP 0 Assistant County Atto y R.genJa item: NoJ SC February 13, 2707 Gage 30 ) 72 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:� W, FRED W. COYLE, Ch an This ordinance filed with th' secretary of te' Office Z,_ day of end ocknowl gem nt of thet fili re eived tfiis doy of Agenda Item No. 8C February 13, 2 07 Page 31 o'72 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 2005 -32 Which was adopted by the Board of County Commissioners on the 28th day of June 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of June, 2005. DWIGHT E. BROCK Clerk of Court' Ex- officio t© 6ak� pf' %. County Commiia�sio2ers `:7 •.......••. .�. �•'c.. ;tit: By: Linda A. HoWX r" Deputy Clerk a c, o , r- D� � Attachment 2 EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT AN ORDINANCE AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AS ADOPTED BY ORDINANCE NUMBER 02 -49 THE COLLIER COUNTY FIRE PREVENTION AND PROTECTION CODE BY AMENDING CHAPTER 58, FIRE PREVENTION AND PROTECTION, ARTICLE II, FIRE SAFETY STANDARDS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, BY AMENDING SECTION S8-26, PERTAINING TO ADOPTED STANDARDS AND CODES OF THE NATIONAL FIRE CODES PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION (NFPA); AMENDING SECTION 58 -27, PERTAINING TO AMENDMENTS TO ADOPTED FIRE CODES, SPECIFICALLY NFPA 1, 2003 EDITION; REPLACING SECTION 58-28, PERTAINING TO AMENDMENTS TO THE ADOPTED LIFE SAFETY CODE, SPECIFICALLY NFPA 101, 2003 EDITION; PROVIDING FOR THE INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: To obtain Board of County Commissioner approval of an ordinance which adopts local amendments to the Florida Fire Prevention Code and directing staff to complete the process to make the amendment effective. CONSIDERATION: The State of Florida has updated the statewide Florida Fire Prevention Code with an effective date of January 1 °, 2005. This update brought with it a "Sunset" provision, which effectively repealed the Collier County Fire Prevention and Protection Code created by local ordinance. Prior to the State updating of the Florida Fire Prevention Code, Collier County had deemed it necessary to provide for specific local regulatory requirements in the Collier County Fire Prevention and Protection Code based on the particular needs of Collier County. In order to re- introduce the previous local regulatory requirements, the statewide Florida Fire Prevention Code also provide a procedure for local governments to adopt local amendments by ordinance. By directing staff to comply with the balance of the requirements for adopting local amendments to the Florida Fire Prevention Code, and adopting the proposed ordinance, the County would restore the level of fire protection deemed reasonable for Collier County and the affected Fire Districts. In addition to the local amendments, the proposed ordinance would also consolidate a majority of the Fire Code requirements for new development into one regulation. This would simplify fire plan review and ease the development community's compliance with the applicable regulations. The Development Services Advisory Committee has reviewed and approved the adoption of this ordinance. FISCAL IMPACT: By re- adopting the local amendments the County would largely re -create the previously effective regulations, which should not result in any overall fiscal impact. ler! !tern No. SC .Le y 13. 007 rto 32 �f 72 Agenda Item No. 8C February 13, 2007 -P,age 33 0� 72 GROWTH MANAGEMENT IMPACT: This request will have no impact on the Growth Management Plan. RECOMMENDATION: Approve the Proposed Ordinance and direct staff to complete the process required to make it effective. Prepared By: t--" Date: Ed Riley, Collier Co ire Code O ial Reviewed By. _ Date: z Karl Reynolds, Fire Marshal North Naples Fire District Approved By: �✓ /9—:-4 Date: Nick Biondo, Fire Marshal East Naples Fire District President, Collier County Fire Marshals' Association Attachment 3 e O \d ORDINANCE NO. 2002 -49 AN ORDINANCE READOPTING THE COLLIER COUNTY FIRE PREVENTION AND PROTECTION CODE BY AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 58, FIRE PREVENTION AND PROTECTION, ARTICLE I1, FIRE SAFETY STANDARDS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, BY REPLACING SECTION 58-26, PERTAINING TO ADOPTED STANDARDS AND CODES OF THE NATIONAL FIRE CODES PUBLISHED BY TIUn NATIONAL FIRE PROTECTION ASSOCIATION (NFP r . i REPLACING SECTION 58-27, PERTAINING I AMENDMENTS TO ADOPTED FIRE CODES, SPECIFICAL[Y NFPA 1, 2002 EDITION; REPLACING SECTION 58 -f8-'' PERTAINING TO AMENDMENTS TO THE ADOPTED L[, SAFETY CODE, SPECIFICALLY NFPA IOt, 2002 EDITION, RESERVING SECTION 58-29; REPEALING CERTAIS& ORDINANCES; PROVIDING FOR THE INCLUSION IN Tdk CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. c. fJ �J r WHEREAS, the Board of County Commissioners of Collier County, Florida (Board) has fire safety responsibilities for Collier County; and WHEREAS, Section 633.025, Florida Statutes, subsection (1) establishes the Florida Fire Prevention Code and the Life Safety Code as the state minimum code; and WHEREAS, Section 633.025, Florida Statutes, subsection (4) enables a county with fire safety responsibilities to adopt more stringent fire safety standards or alternative requirements where, as here, a determination has been made that there is a need to strengthen the requirements of the minimum fire safety code adopted and enforced by Collier County, and WHEREAS, the Board hereby determines upon its review of local conditions - which review demonstrates that local conditions justify more stringent requirements then those specified in the minimum fire and life safety code for the protection of life and property or justify requirements that meet special situations arising from historic, geographic, or unusual conditions - that local amendments to the statewide minimum code are needed and will serve a public purpose; and WHEREAS, by operation of certain statutory provisions the previously existing local amendments to then existing fire and life safety code provisions then in effect have been replaced by the statewide minimum code making appropriate the repeal of no longer effective local ordinances comprising Article II of Chapter 58 of the Collier County Code of Laws and Ordinances; and WHEREAS, in accordance with Section 633.025, subsection (4)(a) a properly advertised public hearing was held and all interested persons were afforded the opportunity to provide any comments; and Agenda Item IJ . 8" rebruary 13; 007 Pacle 34 f 72 Agenda Item Nq. 8C February 13, 007 Page 35 if 72 WHEREAS, it is necessary to update the Collier County Fire Prevention and Protection Code to reflect the foregoing matters; and WHEREAS, the amendments to the statewide minimum code set forth below are essential to maintain an established and effective level of fire prevention and protection. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The text of the following sections of Chapter 58 of Article II, of the Code of Laws and Ordinances of Collier County, Florida, are replaced with the text which follows: See. 58-26. Collier County Fire Protection and Prevention Code Adopted The standards and Code sections of the "National Fire Codes', as published by the National Fire Protection Association (NFPA), as adopted by the rules of the Division of the State Fire Marshal section 4A- 3.012, 4A- 60.005 or referenced by the 2000 edition of NFPA I or NFPA 101 and those listed below by standard number and edition and as amended herein, are hereby adopted by reference and made a part of the "Collier County Fire Prevention and Protection Code," intended to protect the health, safety, common interest, and convenience of the citizens, visitors, and residents of Collier County, Florida. NFPA Code Standard Edition Descrioeon WetdngAgenU 18 1995 42 1997 Storage of pyraxyltn Plastic 5OA 1999 Gaseous Hydrogen Systems 70E 2000 Electrical Safety Requirements for Employee Workplaces 79 1997 Electrical Standardfor Industrial Machinery 97 2000 Glossary of Terms Relating to Chimneys and Vents 170 1999 Fire S*ry Symbols 412 1998 Evaluating Aircraft Rescue acrd Ftre Fighting Foam Equip. 423 1999 Cons, and Protection ofAircraf Engine Test Facilities 513 1998 Motor Freight Terminals 560 1995 Storage, Handling and Use ofErhylene Oxide 600 2000 Industrial Fire Brigades 601 1000 Security Service in Fire Loss Prevention 801 1998 Facilities Handling Radioactive Materials 901 1001 Standwd Classification far Incident Reporting 1961 1997 Fire Hose 1964 1998 Spray Nozzles See. 58-27. Amendments to Fire Codes. The "National Fire Codes, NFPA 1, Fire Prevention Code, 2000 Edition," is hereby amended by local amendment as follows: r (A) CHAPTER I ADMINISTRATION AND ENFORCEMENT (1) BOARD OF APPEALS i) Strike all existing text and amend 1 -8 to read as follows: 1 -8 BOARD OF APPEALS Will operate and be comprised as set forth in the Collier County Land Development Code, Division 5.4, except that the Collier County Fire Marshal's Association may recommend those two members one of whom would be an architect or engineer and one whom must be a fire protection specialist for consideration by the Board of County Commissioners. (2) NOTICE OF VIOLATIONS, PENALTIES i) Amend 1 -19.3 to read as follows; 1 -19-3 Any person who fails to comply with the provisions of this code or who fails to carry out an order made pursuant of this code or violates any condition attached to a permit, approval, or certificate shall be subject to the penalties established by this jurisdiction. Nothing herein contained is intended to prevent the Independent Fire Districts of Collier County from taking such other lawful action in any court of competent jurisdiction as the District deems necessary to prevent or remedy any violation. Such other lawful action shall include, but shall not be limited to, any equitable action for injunctive relief or action at law for damages. The Independent Fire Districts of Collier County shall have the power to enforce the provisions of this Code and ordinances by means of the Collier County Code Enforcement Boards. (B) CHAPTER I ADMBNISTRATION AND ENFORCEMENT (1) APPLICATION i) Amend subsection 1 -5.2 to read as follows: 1 -5.2 Details regarding processes, methods, specifications, equipment testing and maintenance, design standards, performance, installation, or other pertinent criteria contained in those standards and codes listed in Chapter 32 of this Code and those adopted pursuant to the Collier County Fire Prevention and Protection Code Section 58 -26 shall be considered a part of this code. ii) Amend Subsection 1 -5.5 to read as follows: 1 -5.5 Buildings in existence or permitted for construction prior to the adoption of this Code shall comply with the provisions stated herein or referenced for existing buildings F Agenda item No] 8C rebruary 13, 2 07 Pace 33 0 72 Existing buildings or innallations that do not comply with the provisions of the publications referenced in 1 -5.2 shall be permitted to be continued in use, unless the authority having jurisdiction determines that the lack of conformity with these standards presents an imminent danger. Exception: A limited but reasonable time shall be allowed for compliance with any part of this Code for existing buildings, commensurate with the magnitude of expenditure, disruption of services, and degree of hazard. Occupied existing buildings shall comply with 1 -9.2. (2) OCCUPANCY i) Amend Subsection 1 -9.1 to read as follows 1 -9.1 No new construction or existing building shall be occupied in whole or in part in violation of the provisions of this Code or other applicable Collier County laws and ordinances. All tenants and occupants shall obtain a "Notice of Fire Compliance, certificate from the appropriate fire district prior to the occupancy and use of a new or existing building as evidence of compliance with the Collier County Fire Prevention and Protection Code. Such original certificate shall be displayed in a prominent location within the structure, building, or portion thereof. Exception: Occupants of one and two family dwellings and residential tenants in multi- family buildings are exempt from the requirement of obtaining a "Notice of Fire Compliance ". (3) PERMITS AND APPROVALS I) Amend Subsection 1- 16.16(3) to read as follows: Bonfires and Outdoor Rubbish Fires. Kindling or maintaining any open fire or a fire in any public street, alley, road, or other public or private ground. Instructions and stipulations of permit shall be adhered to. Cooking fires and small recreational fire& not intended for vegetation or rubbish disposal, when conducted safely and on the property of the subject are exempt and do not require a permit. ii) Not withstanding the above provisions, for 30 days commencing with the declaration of a state of emergency by the Governor of the State of Florida, because of extended drought and the resulting potential for wildfirea, which includes all or parts of Collier County, there shall become effective a prohibition against kindling, creating or maintaining any campfire, bonfire, open or barrel burning of trash, discarding of 4 Aaenda Item No February 13, 2 Page 37 o 87 07 72 Agenca Item Nol. 8C r- ebruary 13. 007 Page 38 I f 72 lighted smoking materials outdoors, smoking in county parks, and the sale or use of fireworks. The use of open barbecues or barbecue pits utilizing charcoal or wood shall be prohibited within 600 yards of any forest, grassland, woods, wild lands or marsh area within Collier County. The prohibitions expressly provided herein may be extended by resolution duly adopted by the board. (4) PLANS REVIEW i) Amend Subsection 18.2 to read as follows: 1 -18.2 It shall be the responsibility of the applicant to ensure that: (1) The construction documents include all ofthe fire protection requirements (2) The shop drawings are correct and in compliance with the applicable codes and standards (3) All plans for proposed new structures and square footage additions to existing structures include 8 and % x I1 page or pages entitled "Fire Protection Plan' that depict the following: (a) Completed form titled "Collier County Fire Districts Pre - incident Planning Data ". Form must be completely filled out, indicating N/A where not applicable. (b) Use of Uniform Drawing Symbols and Legend as published in NFPA 170, Standard for Fire Safety Symbols (particularly chapters 5 & 6) 1999 Edition: Copyright National Fire Protection i Association. (c) North arrow. (d) Overall building dimensions. (e) To scale site plan showing the entire property boundaries, entire structural footprint, all building entrance openings, exit stairs, pavement areas and fire lanes, fire hydrants, adjacent roadways with names, and distances to all fire hydrants within 1000 fl (304.8m) measured along the centerline of the street, driveway or fire lane. (f) Florida Building Code Construction Type. (g) Number of stories of structure and total square footage under roof per story. (h) A wall detail/section from foundation through the roof illustrating the predominant or typical floor(s), wall( &) and roof materials. Such detail /section shall be keyed with a call mark on the structural footprint required (a) above. (i) Needed fire flow as required by section 7- 5.1.1. 0) Fire district water supply flow test(s) as required by section 7- 5.1.5. (k) Main utility (electric, gas, water, etc.) shutoff locations. 5 Agenda Item No.1 8C February 13, 2 07 Page 39 o 72 (1) Hazardous and/or combustible materials locations and estimated quantities. (m)Locations of features of fire protection systems (fire department connections, fire sprinkler shut -of& fire alarm panels, standpipes etc.) Exception l: Group R -3. One and Two-family Residences. Exception 2: Ancillary structures like guardhouses, restrooms etc. Not exceeding 1000 square feet in area. Exception 3., Square footage additions that do not exceed 1000 square feet. (5) COST OF PERMIT (i) Add Section 1 -21 to read as follows: 1 -21 COST OF PERMIT Refer to Collier County Resolution No. 01 -313, (establishing fees), Exhibit B (C) CHAPTER 2 DEFINITIONS (1) DEFINITIONS (i) Add the following definitions to read as follows: 2 -1.166 Fire Marshal - The Fire Chief or his/her designee within each independent fire district or the Collier County manager or his/her designee within any dependant fire district within Collier County, 2 -1.167 Fire Official- The individual appointed by the FIRE DISTRICTS and employed by the Administrative District who is responsible for the fire plan review office. 2 -1.166 Owner - Any person or entity having a legal or equitable interest in the property. 2 -1.169 lnterlocal agreement- An agreement entered into between the board of County Commissioners and any Independent Fire District(s). 2 -1.170 Manual Wet Slandpipe- Refer to NFPA 14:3 -2.5 2 -1.171 Residential Occupancy (Group R) - Refer to the Florida Building Code, 2000 Edition for the definition and sub- classification, or its successor. (ii) Amend 2 -1.67 to read as follows; 2 -1.67 Fire lane means any driveway, road, or unobstructed area, which may be used by the fire Acienaa Item No.1 8C ebruary 13. 2 O7 Pace 40 ci 72 department for the movement of fire vehicles or firefighting operations. (D) CHAPTER 3 GENERAL PROVISIONS (1) OPEN OUTDOOR FIRES, INCINERATORS, OUTDOOR FIREPLACES. i) Amend Subsection 34.1 to read as follows 3-4.1 Permits. Permits are required and shall comply with Section 1 -16. Exception; Cooking fires and small recreational fires not intended for vegetation or rubbish disposal when conducted safely and on the property of the subject. Notwtthstantding the above provisions, for 30 days commencing with the declaration of a state of emergency by the Governor of the State of Florida, because of extended drought and The resulting potential for wildfires, which includes all or parts of Collier County, there shall become effective a Prohibition against kindling, creating or maintaining arty campfire, bonfire, open or barrel burning of trash, discarding of lighted smoking materials outdoors, smoking in county Parks, and the sale or use offtreworks. The use of open barbecues or barbecue pits utilizing charcoal or wood shall be prohibited within 600 yards of arty forest, grassland woods, wild lands or marsh area within Collier County. The prohibitions expressly provided herein may be extended by resolution duly adopted by the board ii) Amend Subsection 3-4.7 to read as follows: 3 -4.7 No charcoal burners shall be kindled or maintained on balconies or within 10 feet of any structure. E rception: Single-family dwellings iii) 34.8 No gas -fired cooking grill shall be kindled or maintained on balconies or within 10 feet of any structure. LP gas cylinders in excess of 2112 Ibs, water weight shall not be stored within to ft ofa residential building. Fxception: Single-family dwellings. (2) FIRE LANES i) Amend Subsection 3 -5.2 to read as follows; 3 -5.2 All buildings that a fire department may be called to protect that are not readily accessible to an adjacent local street shall be provided with a suitable fire lane or Agenda Item N o.J 8C February 13, 2 J7 Page 41 o 72 parallel access drive ' unless the analysis of the fire official indicates the fire access is unnecessary. Such fire access is necessary for all buildings three (3) or more stories in height which are not adjacent to a local street. (a) Parking spaces adjacent to structures that in the opinion of the fire official, may hinder or delay firefighting forces in the performance of their duties are prohibited. Limited designated parking spaces may be approved by the fire official when alternative arrangements are made prior to construction, which must include automatic fire suppression systems. (b) The fire official may require additional fire lanes around commercial buildings when his or her analysis indicates additional access to the building is needed. (c) No new wet or dry retention or detention areas shall be located directly adjacent to any structure unless prior approval is received from the fire official. ii) Add subsection 3 -5.2.1 to read as follows; 3 -5.2.1 Fire lanes shall be not less than 20 ft (6m) of unobstructed width, able to with stand live loads of fire apparatus, and have a minimum of 14 ft vertical clearance. Turning radii for fire lanes not exceeding a 90 degree turn where serving buildings shall be 25 ft inside and 49 ft outside and turning radii for fire lanes serving parking lots only shall be 25 ft inside and 45 ft outside. Where turns exceed 90 degrees the standards for turnarounds shall apply. An approved turn around for fire apparatus shall be provided where an access road is a dead and and in excess of 150 ft (46m) in length. The turnaround shall have a minimum centerline radius of 40 feet (I 2.7m). The grade surface and location of the fire lane shall be approved by the authority having jurisdiction. At least one elevation of each building shall be accessible to the fire department. Required fire lanes shall be provided with the inner edge of the roadway no closer than 10 feet and no farther than 30 feet from the building. Such lanes shall have a surface designed to accommodate fire apparatus with a minimum weight of 32 tons. Exception No. 1: Adequacy of emergency vehicle access shall be determined by the authority having jurisdiction. Exception No. 2: T or Y turnaround arrangements shall be permitted. Agenda Stem No. 8C February 13, 2007 Page 42 c f 72 Exception No.3: - When acceptable to the authority having jurisdiction, turnaround arrangements other than a cul -de -sac shall be permitted to be used. iii) Add Subsection 3 -5.5.1 to read as follows: 3 -5.5.1 EMERGENCY VEHICLE ACCESS 3 -5.5.1 This section is intended to apply to all gate installations EXCEPT those serving individual single- family residences. iv) Add Subsection 3- 5.5.1.1 to read as follows: 3- 5.5.1.1 All electronic access control gate to structures and properties that may require emergency services that restrict the free ingress and egress of emergency vehicles and are not constantly attended 24 hours per day shall be provided with an electronic transmitter /receiver system capable of being programmed with a unique activation code and frequency approved by the authority having jurisdiction. Such code or frequency shall not be used by or provided to other gate users. Existing installations shall comply within 190 days subsequent to the notification date by the authority having jurisdiction. V) Add Subsection 3- 5.5.2.3 to read as follows; 3- 5.5.2.3 All electronic access control gates under section 3- 5.5.1.1 shall be compatible with the uniform county —wide transmitters. Said transmitters are carried only within emergency services vehicles. vi) Add Subsection 3- 5.5.2.4 to read as follows; 3- 5.5.2.4 All electronic access control gates shall have a battery backup with a fail safe override. Exception No. ! — Any other override system acceptable to the Authority having jurisdiction. Exception No. 2 — Gates serving individual single - family residences. Ail Add Subsection 3- 5.5.2.5 to read as follows; 3- 5.5.2.5 All non - electronic access control gates to structures and properties that may require emergency services that restrict 9 Agenda Item No. 8C February 13, 20107 Page 43 of 72 the free ingress and egress of emergency vehicles and are not constantly attended 24 hours a day shall be provided with a key box per section 3-6. Exception No. I — Gates serving individual single - family residences. viii) Add Subsection 3- 5.5.2.6 to read as follows; 3- 5.5.2.6 All electronic gates are required to receive a building permit with fire review prior to installation. ix) Amend Subsection 3- 5.6.2. Ito read as follows; 3- 5.6.2.1 Hydrants. Clearance of 3 feet to the rear and sides of fire hydrants and clear to the street. No new wet or dry retention or detention areas shall be located between the fire hydrant and the fire access area unless prior approval is received from the fire official. x) Amend Subsection 3- 5.6.2.2 to read as follows; 3- 5.6.2.2 Fire Protection Appliances. Clearance of 3 feet to sides and clear to the street. No new wet or dry retention or detention areas shall be located between the fire appliance and the fire access area unless prior approval is received from the fire official. (3) PUBLIC ASSEMBLAGES AND EVENTS i) Add section 3 -10.7 to rear as follows; 3 -10.7 Public Assemblages and Events ii) Add subsection 3- 10.7.1 to read as follows; where the authority having jurisdiction determines that the gathering of persons in a structure or outside of a structure or the nature of the performance, exhibition, display, contest, or activity presents or is predicted to present unusual and significant impact on public safety, including access to buildings, structures, fire hydrants, fire lahes, and the like, or other provisions of public safety services, including fire protection and emergency medical services, the authority having jurisdiction shall have the authority to order the development of or prescribe a plan for the provision of safety services which provides a reasonable degree of safety for the attendees, participants and other affected members ofthe public. iii) Add Subsection 3- 10.7.2 to read as follows; 10 A0erida Item No. 8C February 13. 2007 Page 44 of 72 3- 10.7.2 The plan shall address such items as emergency vehicle ingress and egress, fire protection, emergency medical services, fire and safety inspections, public assembly areas and the directing of attendees and vehicles, vendor and food concession distribution, and the need for the presence of law enforcement, fire, and medical services personnel at the event. Said plan shall be submitted to the authority having jurisdiction a minimum of two weeks prior to the starting date of the event. iv) Add Subsection 3- 10.7.3 to read as follows; 3- 10.7.3 The authority having jurisdiction is hereby authorized to assess and collect reasonable compensation for services rendered to public assemblages and events covered by the provisions of section 3 -10.7, as it may deem necessary in accordance with the applicable service resolution of the governing body. (4) CLOTHES DRYER VENTING i) Add section 3 -11 to read as follows; Venting of clothes dryers, whether electric or gas fired shall be on the floor of origin or into an approved shaft. Exception l: Group R -3, Detached one and two-family residences. Exception 2: Other arrangements as may be approved by the authority having jurisdiction. (E) CHAPTER 7 FIRE PROTECTION SYSTEMS i) Amend Subsection 7 -2.2.2 to read as follows; Exception /: Buildings classified as R -2, four stories in height are required to have manual wet standpipes in accordance with NFPA 14. ii) Add Subsection 7- 2.2.2.1 to read as follows 7- 2.2.2.1 Any building five stories or more in height and not otherwise classified as a high rise building as defined by the Florida Building Code, 2001 Edition, shall have an automatic wet standpipe system in accordance with NFPA 14 capable of supplying the required gallons per minute with a residual pressure of 65 psi at the uppermost hose connection. iii) Add Subsection 7- 2.2.2.2 to read as follows; 7- 2.2.2.2 Any high -rise building as defined by the Florida Building Code, 2001 Edition shall have an automatic wet standpipe system in M Agenda Item No. 8C February 13, 2007 Page 45 of 72 accordance with NFPA 14 capable of supplying the required gallons per minute with a residual pressure of 100 psi at the uppermost hose connection. Iv) Add Subsection 7- 2.2.2.3 to read as follows; 7- 2.2.2.3 Fire department valves on standpipe systems shall not be pressure - reducing valves. Pressure restricting devices shall be installed on any valve with pressure in excess of 175 psi. Pressure restricting devices shall be so as to be readily removable, leaving hose threads acceptable to the authority having jurisdiction. V) Add Subsection 7- 2.2.2.4 to read as follows; 7- 12.2.4 All fire department connections, other than those serving a high rise building, shall be located within 50 ft (15.25m) of a Are hydrant and within 50 ft (I 5.25m) of a fire department vehicle access road. Esception L Fire department connections supplying fire sprinkler systems in accordance with NFPA 13R that are not a part of a standpipe system. Exception 2: Actual locations of fire department connections shall be as approved by the authority having jurisdiction. vi) Add Subsection 7- 2.2.2.5 to read as follows; 7- 2.2.2.5 New high -rise buildings shall be equipped with two fire department connections, One connection shall be located at the building and one shall be located within 15 ft (4.6m) of a fire hydrant. Either fire department cormection shall be capable of operating independently of the other. The second fire department connection required at the building shall not be required to be located within 50 ft (15.25m) of a fire hydrant. vil) Add subsection 7- 3.1.1, to read as follows: 7- 3.1.1. Automatic sprinklers shall be installed and maintained in full operating condition, as specified for the occupancy involved in the codes or standards listed in Chapter 32. Installations shall be in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems; NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height; or NFPA 13D, Standard for the Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes, as appropriate. 12 Agenda Item No. 8C Fe'b,ruary 13. 2007 Page 46 of 72 All fire sprinkler systems shalt be designed with hydraulic calculation method. System design will be based on a current flow test. For flow tests with a static pressure of 55 PST or more the test will be extrapolated to seasonal static of 50 PST. The formula is as follows: X Factor - Seasonal Static / Measured Static Design Res. Pres. _ (Residual Prea) X (X Factor) Design Piton PSI = (Pitot Press) x (Xfactor) For flow tests with a static of less than So PSI the un- extrapolated flow test shall be used. However in this case a minimum safety factor of 5 psi above the demand point of the system shall be used. Fire flow data shall be attached to the hydraulic calculations as per section 7- 5.1.1. Will Add to Section 7 -3.2.2 to read as follows: Automatic fire extinguishing systems shall be provided, in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems, when required by this Code, or referenced codes and standards listed in Chapter 32; and in all new residential occupancies containing more than four (4) living units; and when otherwise required by Collier County. Exception No. l: Residential occupancies up to four (4) stories in height may be protected in accordance with NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, where not otherwise required to be protected by sprinklers pursuant to the Building Code or other applicable standards. ix) Add subsection 7- 3.2.2.1, to read as follows; 7- 3.2.2.1 All Automatic fire extinguishing systems, installed voluntarily, arbitrarily or otherwise, shall provide an adequate means (stub out) for future fire sprinkler protection on lanais, balconies and canopies in residential occupancies. X) Amend subsection 7 -3.4.2 to eliminate (2),(3) and (4). And add two exceptions to the existing exception as follows: Exception No 2: 13D systems in one and two family dwellings. Exception No 3: Sprinkler piping serving not more than six sprinklers connected directly to a domestic 13 Agenda item No. 8C February 13, 2007 Page 47 of 72 water supply system. However the control valve shall be locked in the open position. xt) Add Subsection 7 -5.1.1 to read as follows; 7 -5.1.1 The following are fire flow requirements for now construction, changes in occupancy or use to a more hazardous classification (according to National Fire Protection Association 101, 2000 edition) or any physical enlargement of existing buildings. All one and two family dwellings are exempt form these requirements except new subdivisions as provided for in (1) a below: New exclusive one and two family subdivisions Building Square Footage Min. Fire Flow (GPM) Less than or equal to 5000 Soo Greater than 5000 750 Subdivisions not capable of delivering the required fire flow shall provide automatic sprinkler systems in accordance with NFPA 13, 13R or 13D, 1999 editions as applicable. All other buildings shall calculate required fire flows in accordance with the following formula shown in subsection (3) below. This formula establishes a base flow from which the degree of hazard, credit for fire sprinkler protection and separation distance will result in a final needed fire flow. National Fire Protection Association 13, 1999 edition shall be used for the purpose of determining hazard classification. NFPA classification Formula application Light Light Ordinary I & 11 Ordinary Extra High Fire now based on the formula NFF= [(IS) x COEFFICIENT FOR THE CONSTRUCTION TYPE) x (SQUARE ROOT (BUILDING SQUARE FOOTAGE)) x HAZARD FACTOR x EXPOSURE FACTOR x FIRE SPRINKLER FACTOR Coefficients based on construction type. 1.5 = Wood (Type VI) LO = Ordinary (Type V) 0.9 ® Noncombustible (Type III & IV) 0.6 = r Fire resistive (Type I & 11) Coefficient based on hazard. 0.75 = Light hazard 1.0 = Ordinary hazard 1.25 = High hazard 14 Coefficient based on exposure distance in feet 0-10— 1.25 11 -30= 1.2 31 -60= 1.15 61.100= 1.1 101 -150= 1.05 >150— I Coefficient based on fire sprinklers. 0.5 - Fully fire sprinklered I — Not fully fire sprinklered "Fire resistive construction need only be calculated on the three (3) largest successive floors of highest hazard classification. A four -hour "fire wall" may be used to reduce total square footage of a building for the purposes of fire flow requirements, providing the wall intersects each successive floor of the building and complies with NFPA 221. The minimum required fire flow for commercial and multi - family occupancies shall be 750 GPM. Owners and developers shall make provisions to install water lines and fire hydrants to meet spacing and fire flow requirements. Where fire mains exist but do not meet the fire flow requirements, alternative arrangements may be made, prior to construction, with the authority having jurisdiction. Due to the concern for public safety, failure to meet the fire flow requirements or come to alternative agreement shall be grounds for refusal for the county to issue building permits. xii) Add Subsection 7 -5.1.2 to read as follows; 7 -5.1.2 Where buildings are constructed, with the furthest point of the structure being one hundred fifty (150) feet or more from a public street, requires private mains and fire hydrants which shall meet the required fire flow with spacing to be determined by the fire official, not to exceed three hundred (300) foot maximum distance between hydrants. Hydrant spacing and required fire flow may be altered by the fire official if, by prior arrangement with the fire official, automatic fire suppression systems are installed in all buildings on the premises. xiil) Add subsection 7 -5.1.3 to read as follows; 7 -5.1.3 Maximum distance between fire hydrants shall be five hundred (500) feet in exclusive one and two family areas with buildings not exceeding 5000 sq ft, and three hundred (300) feet in all other areas. sly) add subsection 7 -5.1.4 to read as follows: 7 -5.1.4 Where buildings are proposed in an area not meeting the hydrant spacing requirements, the owner or 15 i <ie tda item Nlo, 8C ebruary 13, 20107 Page 48 of 72 Agenda Item No. 8C February 13, 2007 Page 49 of 72 developer shall provide the number of hydrants prescribed by the fire official, under the terms of this section. xv) Add subsection 7 -5.1.5 to read as follows: 7 -5.1.5 Prior to development of new structures or fire protection systems, a fire flow tat in accordance with NFPA 291 shall be preformed by the fire district having jurisdiction. Such teats shall be completed no longer than six months prior to the submittal for permit. Calculations of the available fire Flow at a minimum of 20 psi residual shall be provided on the fire protection plan required by section 1 -18.2 or with the hydraulic calculation package submitted for fire protection system permits. Fire flow test reports shall be submitted on the official letterhead of the fire district having jurisdiction. xvi) Add subsection 7 -5.1.6 to read as follows 7 -5.1.6 Fire hydrants shall be provided for structures in accordance with NFPA 24 and shall be distributed so that the Needed Fire Flow determined by the fire official may be delivered. Hydrant locations and distances to proposed structures shall be indicated on the Fire Protection Plan required in section 1 -18.2 xvii) Add subsection 7 -5.1.7 to read as follows: 7 -5.1.7 Proposed single structure site developments within 1000 ft (304.8m) of existing water mains shall extend such mains so that the main sizes and hydrant locations comply with the provisions of this code. Measurement of the distance shall be along existing or proposed roads, street, driveways or fire lanes as applicable. Where no piped water supply exists within 1000 ft (304.8m) distance criteria, the requirements of NFPA 1142, Standard on Water Supplies for Suburban and Rural Fire Fighting 1999 edition, shall apply. Proposed multi - structure site developments shall provide permanent fire protection water supply from a public or private utility system or construct a private engineered water system acceptable to the authority having jurisdiction and capable of delivering the required Needed Fire Flow specified in subsection7- 5.1.1 xviii) Add subsection 7 -7.1.4 to read as follows: 7 -7.1.4 All fire sprinkler systems shall be monitored by a UL listed Remote or Central station monitoring agency. Bmception No 1: One and two family dwellings mix) Add subsection 7 -7.1.5 to read as follows: 7 -7 -1.5 All fire sprinkler systems shall activate one or more monitored audiolvisual device located on the exterior of the building. The number and location of the device(s) shall be approved by the authority having jurisdiction. 16 Agenda item No. 8C "ebruary 13, 2007 Page 50 of 72 Exceplion: Single family dwellings (F) CHAPTER 13 COMMERCIAL COOKING EQUIPMENT (1) 13 -2 PORTABLE FIRE EXTINGUISHERS i) Amend subsection 13 -2.3 to eliminate the exception. Sea 58-28. Amendments to the Lire Safety Coda NFPA 101 Code for Safety to Life from Fire in Buildings and Structures, 2000 Edition, is amended as follows: (A) CHAPTER 4: GENERAL i) Add new subsection 4.8, "Use of Fire and Spark Producing Devices in Public Places" to read as follows: 4.8 Use of Fire and Spark Producing Devices in Public Places. ii) Add new subsection 4.8.1 to read as follows: 4.8.1. It shall be unlawful for any person to smoke, light or carry a lighted cigar, cigarette, pipe, match or use any spark, flame, or fire producing device not specifically authorized by the appropriate district or area fire chief or inspector in any of the following areas: I) In the board of county commissions chambers, and in all other public meeting rooms in the county courthouse complex, and administrative buildings, when a public meeting is in progress. 2) In any public theater, church, tent, motion picture house or other auditorium used for such shows or performance when the public gathers. 3) In any mercantile store which voluntarily elects, by and through the actions of its management, to be included within this section. This prohibition shall not apply to restrooms, restaurants, coffee shops, soda fountain counters, executive offices or beauty parlors in such mercantile stores. (B) CHAPTER 9: BUILDING SERVICE AND FIRE PROTECTION EQUIPMENT (1) SECTION 9.6 FIRE DETECTION, ALARM, AND COMMUNICATION SYSTEMS (I) GENERAL i) Add Subsection 9.6.1.10 to read as follows 9,6.1.10 The authority having jurisdiction may approve and shall have the authority to require listed manual fire alarm box covers or listed double action pull stations to be installed where manual fire alarm systems are susceptible to malicious false alarms. ro I (I1) OCCUPANT NOTIFICATION ii) Amend subsection 9 -6.3.8 to read as follows; 9 -6.3.8 Audible alarm notification appliances shall be of such character and so distributed as to be effectively heard above the average ambient sound level occurring under normal conditions ofoccupancy. Residential occupancies: Audible alarm indicating devices shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. The audible alarm indicating device sounding shall be measure a minimum of 70 decibels at the pillow height in all bedrooms. (2) SECTION 9.7 AUTOMATIC SPRINKLERS AND OTHER EXTINGUISHING EQUIPMENT SECTION 9.7.4 MANUAL EXTINGUISHING EQUIPMENT i) Amend 9.7.4.1 to read as follows: 9.7.4.1 Portable fire extinguishers shall be installed in all commercial and multi - family occupancy classifications in accordance with NFPA 10, The Standard for the Installation of Portable Fire Extinguishers. See. 53-29. Reserved. SECTION TWO: Repeal of certain no longer effective ordinances. The following Collier County ordinances, having been preempted by operation of state law, are hereby repealed and are no longer of any force or effect: Ordinance #'s 76-7, 92 -72, 98 -74, 99 -29, and 99 -47. SECTION THREE: Inclusion in the Code of Laws and Ordinances: The provisions of this Ordinance are intended to become and to 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," "article," or any other appropriate word. SECTION FOUR: Conflict and severance. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive provisions are intended to apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion is deemed a separate, distinct and independent provision and such holding will not affect the validity ofthe remaining portion. Is Agenda Item No. 8C February 13, 2007 Page 51 of 72 Agenda Item No, 8C February 13, 2007 Fade 52 of 72 SECTION FIVE: Effective date. This Ordinance becomes effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier r County, Florida, this �.U, day of <DC7V1.r'L1 2002 ATTEST,: BOARD OF COUNTY COMMNUSSIONERS DWI GHj E. BROCY, Clerk COLLIER COUNTY, ORID :�� • /1 �. �� J/y/ BY: DeputyCl' Attest as to Chair'= A Chairman Approved as to fonn =iandt"egainly su r ' nc stn ice Thy: -di—e -Frill wirh rho Assistant County Attorney Secrereq re's Off4ce the iazat,,y 42Gr._, at""- 0,,d ock-., <- dg—ent of that filin ecerved this /J%' day of .= BY Attachment 4 Agenda Item No. 3C February 13, 2007 Page 53 of 72 EXECUTIVE SUMMARY OBJECTIVE: To obtain Board approval of local amendments to the Florida Fire Prevention Code by adopting an ordinance and directing staff to complete the process to make the amendments effective. CONSIDERATION: The State of Florida's adoption of the statewide Florida Fire Prevention Code on January 1*% 2002, brought with it a 'Sunset' provision, which effectively repealed the Collier County Fire Prevention and Protection Code created by local ordinance. Prior to the State adopting the statewide Florida Fire Prevention Code, Collier County had deemed it necessary to provide for specific local regulatory requirements In the Collier County Fire Prevention and Protection Code based on the particular needs of Collier County. In order to re- introduce the previous local regulatory requirements, the statewide Florida Fire Prevention Code also provide a procedure for local governments to adopt local amendments by ordinance. By directing staff to comply with the balance of the requirements for adopting local amendments to the . Fire Prevention Code, and adopting the proposed ordinance, the County would restore the level of fire protection deemed reasonable for Collier County and the affected Fire Districts. In addition to the local amendments, the proposed ordinance would also consolidate most of the Fire Code requirements for new development Into one regulation. This would simplify fire plan review by the County and the Fire Districts and ease the development community's compliance with the applicable regulations. The Development Services Advisory Committee has recommended approval of this ordinance. FISCAL IMPACT: By re- adopting the local amendments the County would largely re- create the previously effective regulations, which should not result in any overall fiscal impact. RECOMMENDATION: Approve the proposed Ordinance and direct staff to complete the process required to make it effective. n Prepared By: Reviewed Approved Date: / ' I ii" z C Date: n9 ! 9 e- Date: AGENDA il'E,M OCT 0 8 2002 Attachment 5 Agenda Item NJ 8C February 13, 007 Page 54 c f 72 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 774 -4010 December 4, 2006 Commissioner Thomas G. Cannon Chair, East Naples Fire Board 5089 Tamiami Trail E Naples, FL 34113 Re: Request to amend Collier County Ordinance 2002 -49, An Ordinance readopting the Collier County Fire Prevention and Protection Code by amending the Code of Laws and Ordinances of Collier County, Florida, amending Chapter 58, Fire Prevention and Protection, Article II, Fire Safety Standards for the unincorporated area of Collier County, by replacing Section 58 -26, pertaining to adopted standards and codes of the National Fire Codes published by the National Fire Protection Association (NINA) replacing Section 58 -27 pertaining to amendments to adopted fire codes, specifically NFPA 1, 2002 edition; replacing Section 58 -28, pertaining to amendments to the adopted life safety code, specifically NFPA 101, 2002 edition, reserving Section 58 -29; repealing certain ordinances; providing for the inclusion in the Code of Laws and Ordinances; .. providing for conflict and severability, and providing an effective date. Honorable Mr. Cannon: On November 28, 2006 during the Board of County Commissioners (BCC) regular meeting, while discussing issues associated with Item 16E3, recommendation to approve budget amendments for the Courthouse Annex Parking Garage, Project 52010, in the total amount of $400,000, the Board directed staff to review, amend and update as required Ordinance 2002 -49. As with any ordinance involving permitting and construction activities, 1 request that the amendment be vetted through the Development Services Advisory Committee (DSAC) and that representatives of the Collier Building Industry Association (CBIA) are notified prior to scheduling the ordinance for Board review and approval. In addition, with this revision, pursuant to Statute 633.0215(3), we respectively request that prior to adoption by the Board the fire district submit the proposed amendment to the State Fire Marshal for review and for a recommendation as to whether it should become part of the Florida Fire Prevention Code applicable only to the incorporated and unincorporated areas of Collier County. I note that the Board's discussion centered on objections to the mandates specified in Section 7 -5.1.1 which required the installation of a fire sprinkler suppression system in the Courthouse Annex Parking Garage. LJ Agenda Item No February 13, 2 Page 55 o Page 2 Thomas Cannon December 4, 2006 I respectfully ask that you advise this office of the schedule for reviewing and, if needed, amending this ordinance so that I can schedule fora future BCC meeting. If you have any questions or need additional assistance, please call me at 774 -8383 or Joe Schmitt, Administrator, Community Development and Environmental Services Division at 403 - 2385. Sincerely, rr James V. Mudd County Manager cc: Leo Ochs, Deputy County Manager Joseph K. Schmitt, CD &ES Administrator Bill Hammond, Director, Building Review and Permitting Ed Riley, Chief, Fire Plan Review 8C 07 72 2140469 OR: 2274 PG: 11354 Attachment 6 Agenda Ilea No. 8C I TO THE BOARD RBCORDBD in the OFFICIA1 RECORDS of COLLIIR COU1Ti, FL Febru. ry ' 3, 2 D)7 ROFFICB 4TH FLOOR 01/22/97 8t I1:l0AW DWIGHT B. BROCK, CL11L COPIR9 1C "6�9e �� of t 7240 INTERLOCAL AGREEMENT This Interlocal Agreement ( "Agreement ") is made and entered into by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY," and the North Naples Fire Control and Rescue District, Golden Gate Fire Control and Rescue District, Big Corkscrew Island Fire Control and Rescue District, Immokalee Fire Control District, East Naples Fire Control and Rescue District, Ochoppee Fire District, Isle of Capri Municipal Rescue and Fire Services Taxing District, and the Marco Island Fire Control District, hereinafter collectively referred to as the "FIRE DISTRICTS." WHEREAS, the Florida Interlocal Cooperation Act of 1969, § 163.01, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately; and, WHEREAS, the COUNTY and the FIRE DISTRICTS are public agencies, within the meaning of the Florida Interlocal Cooperation Act and desire the joint exercise of power which each might exercise separately for the purpose of providing fire prevention within Collier County; and, WHEREAS, Section 553.79(2), Florida Statutes, requires review and approval, by both the building official and the appropriate fire inspector, of plans and specifications for the construction, erection, alteration, repair or demolition of any building before a permit for such work may be issued; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants, and duties hereinafter set forth, the COUNTY and the FIRE DISTRICTS formally covenant, agree and bind themselves as follows: SECTION ONE: Purpose. The purpose of this Agreement is to provide for an expeditious, high - quality fire plan review and fire inspection process for new construction, construction projects and existing structures within the boundaries of the FIRE DISTRICTS by delineating the responsibilities of the COUNTY and the FIRE DISTRICTS in order to enhance service to the citizens of Collier County. SECTION TWO: Definitions. The following terms as used in this Agreement shall be defined as follows: ADMINISTRATIVE DISTRICT - North Naples Fire Control and Rescue District. ASSISTANT FIRE CODE OFFICIAL - An individual who is employed by one of the FIRE DISTRICTS, and who serves in the absence of the Fire Code Official pursuant to this agreement. 1 OR' 2274 PG' � °n a Item loo. 8C uary 13, 2007 Page 57 of 72 BOARD - The Collier County Building Board of Adjustments and Appeals as established in Division 5.4 of the Collier County Land Development Code. BUILDING CODE- The Code adopted as the Collier County Structural/Building Hurricane Code, Ordinance No. 96 -26, as it may be amended or superseded. BUILDING OFFICIAL - The Collier County Building Review and Permitting Director or his designee. COUNTY - The general purpose government of Collier County, which is a political subdivision of the State of Florida. FIRE CODE - The Collier County Fire Prevention Ordinance, Ordinance No. 92 -72, the State Minimum Fire Safety Standards and the State Fire Marshal's Uniform Fire Standards set forth in Chapter 633, Florida Statutes and any successor or amendment thereto during the life of this Agreement. FIRE CODE OFFICIAL - The individual appointed by the FIRE DISTRICTS and employed by the Administrative District who is responsible for the following duties: I . The accurate and timely review of building permit applications, plans and specifications for compliance with the applicable Fire Code; 2. The establishment and maintenance of fire inspection criteria to assure that the Fire Code is consistently applied throughout the COUNTY; 3. The performance of timely and appropriate inspections of permitted buildings for compliance with the Fire Code and building plans approved for Fire Code compliance; 4. The performance of statutory functions of the Fire Marshal and Fire Code Official for new construction; and, 5. Providing Collier County with assistance in updating the Fire Code and related ordinances. FIRE DISTRICTS - The independent fire control and rescue districts operating within Collier County, including North Naples, Golden Gate, Big Corkscrew Island, Immokalee, East Naples, Marco Island and the dependent districts of Ochopee and Isle of Capri. FIRE SAFETY INSPECTOR - The individual appointed to carry out the functions identified by and referenced in Chapter 553, Florida Statutes, Building Construction Standards, and Chapter 633, Florida Statutes, Fire Prevention and Control. Such individual must be certified by the Division of State Fire Marshal pursuant to § 633.05, Florida Statutes. The term as used in this OR; 2274 PG; . a Item No. 8" ruary 13, 2007 Page 58 of 72 Agreement may refer to the Fire Code Official, the Assistant Fire Code Official or a Fire Inspector employed by one of the FIRE DISTRICTS. NEW CONSTRUCTION OR CONSTRUCTION - These terms include any construction, erection, alteration, repair or demolition of a building. SECTION THREE: Administration of Fire District Duties. In order to implement their duties and obligations under this Agreement, the FIRE DISTRICTS have entered into separate interlocal agreements with the Administrative District. The FIRE DISTRICTS represent to the COUNTY that the Administrative District is authorized by these interlocal agreements to employ personnel, lease office space, receive payments, disburse funds, and otherwise operate to represent the FIRE DISTRICTS and administer the FIRE DISTRICTS' duties under this Agreement. The COUNTY, based upon the FIRE DISTRICTS' representations, agrees to recognize the Administrative District as the FIRE DISTRICTS' agent for the implementation and administration of this Agreement. SECTION FOUR: Qualifications of Fire Code Official and Assistant Fire Code Official. The FIRE DISTRICTS agree to provide a Fire Code Official and an Assistant Fire Code Official. The Fire Code Official shall have the following qualifications: 1. A minimum of ten (10) years experience reviewing construction plans for Fire Code compliance. A combination of training and experience may be considered. 2. A Fire Protection Engineering Degree is preferred, but an otherwise qualified candidate with an Associate Degree in Fire Science or Fire Administration with a combination of additional training and experience is eligible for the position. 3. Fire Service experience including fire district operations and fire prevention is desired. 4. Experience in National Fire Protection Association codes and Model Code interpretation and enforcement. 5. Certification as a Florida Municipal Fire Inspector. 6. Managerial skills that can be demonstrated either by experience or training. 7. The ability to provide a precise, technical and timely examination of construction plans and specifications for the purpose of determining adequacy of fire and life safety features. OR: 2214 PG: 1351Agenda Item No, 8C February 13, 2007 Page 59 of 72 8. All legally required licenses and certifications to fulfill his or her duties as outlined in this Agreement including, but not limited to, all licenses and certifications that may be required by Section 553.79 and Chapter 633, Florida Statutes, as amended from time to time. The ASSISTANT FIRE CODE OFFICIAL shall meet the minimum qualifications set forth in paragraphs 3 -8 above, and must have a minimum of five (5) years experience reviewing construction plans for Fire Code compliance. It shall be the responsibility of the Administrative District to ensure that the Fire Code Official and Assistant Fire Code Official have and maintain the qualifications outlined in this section. SECTION FIVE: Fire Plan Review Procedure. The Fire Code Official shall review the building construction plans and specifications of all new construction and construction projects, except for one and two family dwellings, for compliance with the Fire Code. 1. The COUNTY shall provide copies of all commercial and multi - family building permit applications with plans and specifications as submitted by the applicant. The Fire Code Official shall review such applications by the end of the 3' working day following the day the building permit application is received. Single family and duplex residential plans shall not be part of the fire plan review process. 2. The Fire Code plan review shall be performed by the Fire Code Official while COUNTY staff is reviewing separate copies of the building plans for compliance with the Building, Plumbing, Mechanical, and Electrical Codes and performing other reviews that are performed by COUNTY staff. 3. After completing his review, the Fire Code Official shall submit the reviewed plans along with his comments to the COUNTY for the COUNTY'S review and to assure consistency with the Building Codes (Plumbing, Mechanical, Building and Electrical Code). Any inconsistencies shall be resolved pursuant to Section Ten of this Agreement. 4. After the construction plans have been reviewed and approved by the COUNTY and Fire Code Official, the Fire Code Official shall deliver one (1) copy of the plans to the particular Fire District in which the construction is to occur. The Fire District hereby agrees to critique, with respect to the Fire Code, the review of the plans by the Fire Code Official. OR: 2274 PG: 135Lgenda item No. BC February IT 2007 Page 60 of 72 5. The Fire District shall, within three (3) working days after receipt of the plans, notify the Fire Code Official of any objections or continents the Fire District may have with regard to review and/or modifications of the plans. SECTION SIX: Required Inspections and Fees. 1. Inspections Durine Construction of Buildings The FIRE DISTRICTS agree to perform the following inspections during construction of buildings and the COUNTY agrees to pay the Administrative District at the rate provided in Collier County Resolution No. 95 -642, and any amended or successor resolution, for the inspections. Unless otherwise noted herein, the current rate is $.012 per square foot of gross floor area for buildings less than 75 feet in height and $.017 per square foot of gross floor area for buildings 75 feet in height and above. (a) Fire stopping / Draft stopping (1) At 6- (g) (h) (i) G) (k) (5) Locks (6) Operation Emergency Lighting (1) Type (2) Location (3) Operation Trash Chute (1) Location (2) Rating (3) Sprinklers in chute (4) Sprinklers in trash room (5) Height at roof Emergency Generator Operation Elevator Operation During Alarm Fire Department Access (1) Fire lanes (2) Turning radius (3) Obstructions Notice of Compliance Inspection Stand Pipes (1) Fire hose cabinets aa) Location bb) Fire hose i) Location ii) Type iii) Length iv) Nozzle (2) Pressure test (3) Location (4) Location of fire department connection (5) Roof manifold aa) Location bb) Pressure OR; 2274 PG; 1358nda Item No. 8C February 13, 2007 Page 61 of 72 OR; 2274 PG; 1360agenda Item No. 8C February 13, 2007 Page 62 of 72 (n) Fire Pump (1) Type (2) Size (3) Valves (4) Flow switches (5) Tamper switches (6) Location (7) Operation W Fire Alarm OR: 2274 PG: 1161nda Item No, 8C February 13, 2007 Page 63 of 72 2 Construction Proiect Inspections. The FIRE DISTRICTS agree to perform the following inspections and the COUNTY agrees to pay the Administrative District at the rate provided in Collier County Resolution No. 95 -642, and any amended or successor resolution, for the inspections. (a) Fire Sprinkler System Installations The following inspections shall be performed at the rate of $.58 per sprinkler head: (1) Pressure test (2) Pressure test after 2 hours (3) Location of head (4) Type of heads (5) Fire department correction (6) Location of fire department connection (7) Gauges (8) Operation (9) Notice of compliance inspection (b) Hood System Installation or Spray Booth Installation The following inspections shall be conducted on kitchen hood systems or spray booths with dry chemical, carbon dioxide or halon systems at the rate of $5.00 per head: (1) Piping (2) Heads - location (3) Size (4) Type (5) Service tag (6) Fan (7) Height (8) Clearances (9) Operation (10) Notice of compliance inspection (c) Flammable Liquids and Gas Tank Installations The following inspections shall be performed at the rate of $39.00 for the first 5,000 gallons and $16.00 for each additional 20,000 gallons or any fraction thereof: (1) Location (2) Anchoring 8 OR; 2274 PG; 136Zg nda Item fro. 8C February 13, 2007 Page 04 of 72 (3) Piping (4) Notice of compliance inspection (d) Fire Hydrant Installations The following inspections shall be performed at the rate of $23.00 per hydrant: (1) Thrust block inspection (2) Type (3) Height from streamer to ground (4) Threads (5) Location (6) Access (7) Notice of compliance inspection (e) L. P. Gas Installations The following inspections shall be performed at the rate of $36.00 for all tanks or tank systems greater than 24 gallon capacity or 100 pounds liquefied petroleum (L.P.) gas capacity and $14.00 for each additional 20,000 gallons or any fraction thereof: (1) Location (2) Anchoring (3) Piping (4) Notice of compliance inspection (f) Minimum Fire Inspection Fee A minimum fee of $32.00 shall be charged for each inspection. 3. Re- inspection fees. The COUNTY shall pay the Administrative District in accordance with the Collier County re inspection fee schedule found in Collier County Resolution 95 -642, and any amended or successor resolution, for every properly documented reinspection conducted by the FIRE DISTRICTS. 4. Certificates of Occupancv. No Certificate of Occupancy shall be issued until a determination is rendered by the Building Official, or his designee, that the construction is in compliance with the Collier County Building Codes (Plumbing, Mechanical, Building and Electrical Code) and a Notice of Fire Compliance has been issued by a FIRE DISTRICT. OR; 2274 PG; 1363 Agenda Item No. 8C February 13, 2007 Page 65 of 72 5 Collection and Disbursement of Inspection Fees. The COUNTY shall be responsible for the collection and disbursement of fees to the Administrative District, including building plan review, fire inspection fees and fire reinspection fees, based upon information provided by the Fire Code Official and the FIRE DISTRICTS. Disbursement to the Administrative District shall occur by the twentieth (20') working day following the last day of the calendar month in which the fees were collected. SECTION SEVEN: Required Inspection for Existing Structures. The FIRE DISTRICTS agree to perform the following inspections on existing structures within their districts at no charge to the COUNTY. These inspections to be performed include, but are not limited to, the following types of inspections: (a) Fire Extinguishers (1) Type (2) Size (3) Location (4) Height (5) Service Tag (b) Means of Egress (1) Fire Rating (2) Doors (3) Emergency Lighting (4) Obstruction (5) Travel Distance (c) Fire Sprinkler- (1) Existing Fire Sprinkler Systems shall be inspected per NFPA 25. (d) Fire Alarms (1) Manual Pull Stations Locations (2) Smoke Detector Locations (3) Heat Detector Locations SECTION EIGHT: Position Funding. The position of the Fire Code Official shall be funded by the current funding operation. The current funding arrangement is that the fire plan review fee, which is equal to 15% of the 10 OR. 2214 PG; 1364 Agenda Item N0.16C February i3. 7jb07 Page 66 ot 72 ui ng ( structura portion) permit fee, is collected by Collier County in accordance with Collier County Resolution No. 95 -642, and any amended or successor resolution. The fire plan review fees shall continue to be collected by Collier County and forwarded to the Administrative District in the appropriate amount. The Administrative District shall utilize these funds to support the budget for the Fire Code Official. SECTION NINE: General. 1. The Fire Code Official shall represent all independent and dependent FIRE DISTRICTS in Collier County which are parties to this Agreement. 2. The COUNTY shall provide rental space within the Development Services building for the Fire Code Official to conduct his duties. Said rental space shall be provided in accordance with the Lease Agreement dated 7,1,9 9Z entered into between Collier County and the North Naple ire Control and Rescue District, which Lease is attached hereto as Exhibit "A." Said Lease Agreement addresses the amount of rent to be paid to Collier County for the Fire Code Official's office in the Development Services building and also addresses issues such as access to the COUNTY'S computer system, office equipment and telephone system, as well as the provision of secretarial support to the Fire Code Official. 3. The FIRE DISTRICTS shall provide an Assistant Fire Code Official for the Fire Code Official when he is unable to perform his duties for more than two (2) consecutive days. 4. The Fire Code Official's office shall be open during the normal business hours of other offices in the Development Services building. 5. The FIRE DISTRICTS shall provide Fire Safety Inspectors, in accordance with Chapter 633, Florida Statutes, to perform the required fire inspections listed in Section Six of this Agreement. The FIRE DISTRICTS need not provide certified firesafety inspectors to perform inspections of existing structures pursuant to Section Seven of this Agreement; however, these inspections shall be performed by appropriately trained personnel of the FIRE DISTRICTS. 6. The COUNTY shall provide the necessary enforcement authority for the FIRE DISTRICTS to conduct plan review and inspections for new construction. 7. The FIRE DISTRICTS agree to continue to enforce the Fire Code on existing buildings and when violations are found the FIRE DISTRICTS, or any one of them, shall pursue enforcement through the Collier County Code Enforcement Board, State Attorney, or other agencies as allowed by law. The FIRE DISTRICTS, or any one of them, shall prepare and present the case to these 11 OR: 2274 PG: 1365 �Februuary 13 20 7 Page 67 of 72 agencies, perform all follow -up investigations and provide any necessary documentation for future action by the FIRE DISTRICTS, or any one of them, with the agency involved. 8. The COUNTY shall adopt the Fire Code(s) required by Florida Statutes and shall review amendments requested by the FIRE DISTRICTS. The Fire Code Official shall be an employee of the Administrative District and subject to the personnel policies and rules of the Administrative District. The Assistant Fire Code Official shall be an employee of one of the FIRE DISTRICTS and subject to that Fire District's personnel policies and rules. In no event is the COUNTY intended to stand in an employer- employee relationship with either the Fire Code Official or Assistant Fire Code Official. SECTION TEN: Conflicts and Appeals. 1. In the event of a conflict between the applicable minimum Building Code and the applicable minimum Fire Code, it shall be resolved by agreement between the Building Official and the Fire Code Official in favor of the requirement of the code which offers the greatest degree of life safety or alternatives which would provide an equivalent degree of life safety and an equivalent method of construction. 2. In the event that the Building Official and Fire Code Official are unable to agree on a resolution of the conflict between the applicable minimum Building Code and the applicable minimum Fire Code, the Building Official shall render a temporary decision to resolve the conflict. ` 3. An applicant for a building permit may appeal any decision made by the Fire Code Official and the Building Official or any temporary decision made by the Building Official to the Board in accordance with the procedures stated in Division 5.4 of the Collier County Land Development Code. Should construction continue during the appeal of a decision or temporary decision, it shall be at the risk of the contractor or permit holder. 4. All decisions of the Fire Code Official and/or the Building Official and all decisions of the Board shall be in writing. Decisions of general application shall be indexed by Building and Fire Code sections and shall be available for inspection at the COUNTY'S Development Services building during normal business hours. 5. In the event a conflict of code or interpretation develops between the Fire Code Official and a representative of one of the FIRE DISTRICTS, the conflict shall be resolved by a committee of five (5) members to be know as the Fire Board of 12 OR: 2274 PG: 1 c braa�y 1 2007 Paae 58 of 72 Adjustments and Appeals. The persons on this committee shall be members of the Collier County Fire Marshals Association ( "CCFMA "). The President of the CCFMA shall appoint the members to serve on any such committee and they shall operate in accordance with the procedures attached as exhibit "B ". Each committee member shall have one (1) vote and any decision shall be rendered by majority vote. All decisions of this committee shall be in writing and mailed to each Fire District, the Fire Code Official and the Building Official. 6. Major field modifications shall be directed thru the Fire Code Official's office by way of a revision process. SECTION ELEVEN: Notices. Any notice made pursuant to this Agreement by the COUNTY to the Administrative District shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to the following: North Naples Fire Control and Rescue District, 1441 Pine Ridge Road, Naples, Florida 34109. All invoices and payments shall be sent to the North Naples Fire Control and Rescue District. Any notice required or made pursuant to this Agreement by the Administrative District to the COUNTY shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to the following: Neil Dorrill, County Administrator, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida 34112 with a copy to Vincent A. Cautero, Administrator, or his successor, Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. Any notice required to be provided to any FIRE DISTRICT shall be mailed to the Chief of the Fire District at the fire station in which his office is located. SECTION TWELVE: Term and Termination. The Agreement shall remain in effect until terminated by either the COUNTY or the Administrative District. The COUNTY or the Administrative District may terminate this Agreement with or without cause by providing written notice to all other parties to this agreement. Such termination shall be effective forty -five (45) days from receipt of such written notice. If an independent or dependent Fire District that is a party to this Agreement wishes to withdraw from this Agreement, it shall provide written notice of its withdrawal to the COUNTY and the COUNTY shall have forty-five (45) days to give notice of termination to the Administrative District if the COUNTY wishes to terminate this Agreement. If no such termination notice is delivered by the COUNTY, this Agreement shall be deemed modified to exclude the — withdrawing district. 13 OR: 2274 PG: SECTION THIRTEEN: Entire Agreement and Amendment of this Agreement. Anda Item Na.' 8C 13�� February 13, 2007 Page 09 o 72 This Agreement contains the complete and entire understanding of the parties. Other than as stated in Section Twelve, this Agreement may only be amended by a written instrument duly executed by the parties with the same formalities as the original. SECTION FOURTEEN: Termination of Prior Interlocal Agreements. Upon the effective date of this Agreement, all prior Interlocal agreements between the COUNTY and the FIRE DISTRICTS on the same subject shall be terminated. SECTION FIFTEEN: Recording. In accordance with § 163.01 (11), Florida Statutes, this Agreement shall be recorded by the Clerk of the Circuit Court in the official records of Collier County, Florida. SECTION SIXTEEN: Effective Date. This Agreement shall become effective upon its execution by the COUNTY and the FIRE DISTRICTS and its filing in the Official Records of Collier County, Florida. IN WITNESS WHEREOF, this Agreement was signed, sealed and witnessed on the respective dates set forth below. ATTEST: DWIGHT E. BROICK, Cler fA k L tress Witness BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DATE: NORTH NAPLES FIRE CONTROL and RESCUE DISTRICT By: Chairman Date: %/ Z—/ V %&1 OR: 2274 PG: GOLDEN GATE FIRE CONTROL and RESCUE DISTRICT By:___L4'��7 Witness Chairma44 Date:_ // 4 /96 Witness l , Witness C� itn0s9 ��pp i 130-ienaa Item Pao. SC February 13, 2Q07 Page 70 172 72 BIG CORKSCREW ISLAND FIRE CONTROL and RESCUE DISTRICT L By: Chairr Date:_ 1(L c, 11/1211? IMMOKALEE FIRE CONTROL DISTRICT -*itness By: Chairman Date:_.. 1k' Witness Witness Witness EAST NAPLES FIRE CONTROL and RESCUE DISTRICT Chairman Date: t 1- k z- 9 I— MARCO ISLAND FIRE CONTROL DISTRICT By:� Chairman 1 ATTES'f:P, ` -y DWIGHT, E BROOK; Clerk ..le-� ATTEST: V� k DWIGHT E. BROOK, Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 1 1 I OR: 2274 PG: 1369 "nda Item No. SC February 13, 2 07 Page 71 0 72 Date: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BOARD OF THE OCHOPEE FIRE DISTRICT 1 .� BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF THE ISLE OF CAPRI MUNICIPAL RESCUE AND FIRE SERVICES TAXING DISTRICT Date: r ORDINANCE NO. 2007 — AN ORDINANCE REPEALING, IN ITS ENTIRETY, ORDINANCE NO. 2002 -49, AS AMENDED, THE COLLIER COUNTY FIRE PROTECTION AND PREVENTION CODE; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, on October S, 2002, the Board of County Commissioners of Collier County, Florida (`Board ") adopted Ordinance No. 200249, establishing local, more stringent amendments to the National Fire Code and Life Safety Code; and WHEREAS, in light of recent enforcement action, the Board has determined that it is no longer in the public interest to continue to require more stringent firesafety standards, and to return to the standards set forth in the National Fire Code and the Life Safety Code adopted by the State Fire Marshal, which codes by State law are deemed adopted by Collier County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: REPEAL OF ORDINANCE NO. 2002-49, AS AMENDED. Collier County Ordinance No. 2002 -49, as amended, is hereby repealed in its entirety. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be re- numbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," 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 this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become 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 , 2007. ATTEST BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Ap Wee. o fo d legal sufficiency: fe tzkow Ian .n ssistant County Attorney JAMES COLETTA, Chairman Agenda ftem Igo. 3C February 13, 2007 Page 72 of 72 .— Agenda Item No. 3A February 13; 2007 EXECUTIVE SUMMARY page 1 of 43 APPOINTMENT OF MEMBER(S) TO THE AFFORDABLE HOUSING COMMISSION OBJECTIVE: To appoint 2 members to fulfill the remainder of vacant terms, expiring on October 1. 2007 (plus a full term, expiring on October 1, 2010) and October 1, 2009, to the Affordable Housing Commission. CONSIDERATIONS: The Affordable Housing Commission is a 9 member committee created by Ordinance 91 -65 as amended to monitor the implementation of the Affordable Housing Task Force's recommendations, and the goals, objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan; investigate the feasibility of tax increment financing for infrastructure for site development of affordable housing for low income households; develop means or mechanisms to encourage a voluntary program in which Realtors, and other holding deposits such as escrow accounts of earnest money deposits or security for rentals would deposit these in a selected bank where such bank would contribute to the Housing Trust Fund a gift calculated on the average collected balance for the month; investigate a plan for any linkage and inclusionary zoning recommendations; review and determine the effect of proposed ordinances of affordable housing and make recommendations to the Board of County Commissioners and the Naples City Council; and investigate any other relevant areas so directed by the Board of County Commissioners. The Board of County Commissioners will appoint 8 members, including the alternate member, two of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident of Immokalee. The City of Naples will appoint 2 members. The commission shall be comprised of members from the county -at- large, the City of Naples -at- large, the development community, affordable housing providers, financial institutions, the legal profession and realtors. Terms are 3 years. A list of the current membership is included in the backup. Dr. Samuel J. Durso resigned on October 11, 2006 and Ms. Laureen Mary Owens resigned on November 7, 2006. A press release was issued and resumes were received from the following 13 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Jack Bachmann Real Estate 4 Yes None John Barlow Safelite Auto Glass 4 Yes Productivity Committee Henry Holzkamper Owner Affordable Apartments 3 Yes None Robert Kantor Mortgage Industry 4 Yes None Arnold Karp Finance & Property Mgmt 2 Yes None Angela Lanetot Attorney 2 IH None Charles Martin Real Estate Developer 4 Yes Code Enforcement Board Black Affairs Advisory Bd Floodplain Mgmt Plan Comm Matthew Nelson Project Manager 5 Yes None James A. Pusateri Attorney & Judge 1 Yes None John J. Schantz Retired Builder 4 Yes None Dona Schrim Realtor 2 Yes None Donald Spanier Developed Affordable Housing 2 Yes Pelican Bay Services Div. Bd. Brenda Talbert CBIA 1 Yes None COMMITTEE RECOMMENDATION: James Pusateri — term expiring October 1, 2009 John Barlow — term expiring October 1, 2010 Agenda Item No. 9A February 13, 2007 Page 2 of 43 NOTE: Section Five (D) of Ordinance 2001 -55 states that "No person shall serve on more than two County Boards simultaneously. If application is made for service on a third Board, the applicant must resign simultaneously from one of his or her current Board positions, or the application for a third Board shall be disqualified. This provision, however, may be waived to allow for service on additional Boards provided the Commission votes unanimously to waive such provision. According to my records Mr. Charles Martin currently serves on the Code Enforcement Board, The Black Affairs Advisory Board and the Floodplain Management Planning Committee. If Mr. Martin is appointed the Board will have to waive Section Five (D) of the ordinance. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 13, 2007 Agenda Item No 9A February 13. 2007 Page 3 of 43 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: DA Item Summary: Appointment of members to the Affordable I-IOUsirg Commission Meeting Date: 2!13!200" 9.00:00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 111912007 10:10:18 AM Commissioners Approved By James V. Mudd County Nanager Date Board of County County Manager's Office 1/29/2007 1:20 PM Commissioners <�� . o ,L p N O Y L M cz O � L sLL Q O O O U L W LLI W U W— m 1D CL o L Q �. W O Z' C > ` m co H O Q 0 0 CD a c v a c K m c o m m Q c O e4 ma c c m °� E ° N w n m m E a cc c w is m `o o 0 m 3 c Q O W e c m L ° m m E m m > c n� v� O W ,i E a a Q D U Q N a m « Q a T -- c z o ° c a: a m m m m W W O o �` m m « 0 aWi m Q =W W= vi O CD > W Z ° �g aU U z Q = > V ai W } W } W } W W } W >- W > W IV W } W 4) co 4) N Q) V, a } a a Q z o _.. ��V//♦� V♦ 0 � �h c� et cm N .- N N .- N C .0 (off �+ cc m Z L N m w > U V L m Z > > j O m a W v z O d'O Z � p0 JO 70 CD �O Or �� CM 30 Uo JO U•N- e- Nr m t:: c r- >r�i E >� OF -W N a Q �— c � �� t— i° m— � W— � Q— tL V) V) L can W— > LL O-j t LL QJ �-i Q J vM -� v xm _Cb _4 c a� _ U W L S W = C7 W O Z W N U W LL � f7 W � LL p U V1 s tL Uf U LL Q. W T N — 2 G_f m � — c� O O � — v Q m m — N Q. m � d m N — N n m N — N a m — — P- d d 0 O W I r. a a W N a O W W � °iZ i! mZ NZ C-4Z oZ NZ ca mZ co vZ -Z co �Z oZ to co NZ J � m � t- � Q m LL' o a o W a s O c �E y `„ N LL cc ts CD to d E V W O W O = W Y Y J Z 3 d t v L v co W t- Q m m �' C W W ID m W co V% C W u = 4 m G y m E c co a0 U c I co 0 E m V O 7 tt� 7 - C6 ii C -C Q Agenda item No. gA February 13, 2007 Page 6 of 43 Affordable Housing Commission Name Work Phone ApptV Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Dr. Samuel J. Durso sty 775 -0036 10/26/04 891 Partridge Ct.. /t�� 642 -5750 Marco Island, FL 34145 E -Mail: sdurso @hfncoffier.com District: 1 Category: Habitat for Humanity Mr. William R. Cadwallader 11/13/01 1090 Egrets Walk Circle 514 -4082 10/26/04 Naples, FL 34108 E -Mail. District. 2 Category: Attorney/Business Administration Mr. George R Smith 226 -7479 09/12/06 509 Courtside Drive 263 -4434 Naples, FL 34105 E -Mail: District. 3 Category: Rloanarranger @aol.com Ms. Esmeralda Serrata 657 -3649 05/24/05 603 Nassau Street, Apt. 4 657 -5838 Immokalee, FL 34142 E -Mail: cchafl@aol.com District. 5 Category: Collier County Housing Authority Ms. Laureen Mary Owens d 530 -5316 03/28/06 2308 Elizabeth Court f5,OV 775 -6067 Naples, FL 34112 f (' � E Mail: LaurieLLL @aol.com District. 1 Category: Nonprofit Organization Thursday, September I4, 2006 Page I of 10/01/07 10/01/04 10/01/07 10 /01 /09 10/01/08 10/01/09 3 Years 3 Years 3 Years 3 Years 3 Years 3 Years Agenda Item No. 9A February 13, 2007 Page 7 of 43 Affordable Housing Commission Rork Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Larry H. Fleming 659 -6464 05/09/06 04/18/09 3 Years 563 Park Shore Drive 434 -2120 Naples, FL 34103 E -Mail: NaplesRealEst @aol.com District. 4 Category: City Ms. Mary Strutz 11/19/03 11/18/06 3 Years 271 Aqua. Court, P.O. Box 1646 263 -0697 / /' /,-o Ca Naples, FL 34102 E Mail: District. 4 Category: City Mr. Kenneth Kelly 435 -0014 03/28/06 10/01/07 1+ Year 4260 16th Street, N.E. 3542021 Naples, FL 34120 Entail: ken@kellyroofing.com District. 5 Category: Roofing Contractor - Resides East of 951 Ms. Christine D. Straton 05/24/05 10/01/07 2 + Years 4260 Montalvo Court 597 -8849 09/12/06 10/01/09 3 Years Naples, FL 34109 E -Mail: chrisstraton @yahoo.com District: 3 Category: COUNTY - REGULAR Thursday, September 14, 2006 Page 2 of 3 A.genca item loo. 9.A :ebruary 13.2037 Page 8 of 43 Affordable Housing Commission Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndEVDate 2nd Term This 9 member commission was created on July 23, 1991, by Ordinance No. 91-65, to monitor the implementation of the Affordable Housing Task Force's Recommendations, and the goals, objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan. Terms are 3 years. Amended by Ordinance No. 2005 -69: the BCC will appoint 8 members, including the alternate member, two of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident of Immokalee. The City of Naples will appoint 2 members. The commission shall be comprised of members from the county -at- large, the City of Naples -at- large, the development community, affordable housing providers, financial institutions, the legal profession and realtors. On 12/14104 the BCC adopted Ordinance 200477 to add 1 Alternate member to be appointed by the BCC. The Altemate member shall serve in a voting capacity only when a regular member is absent from a meeting. On December 13, 2005, the BCC approved Ord. No. 2005 -69 changing the composition of the committee, 9 members and 1 alternate. The BCC will appoint 8 members, including the alternate (2 of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident of Immokalee) and the City of Naples will appoint 2 members. C Jessica Rosenberg, Deputy City Clerk 213 -1015 FL STAT none Staff.- Cormac Giblin, HUI: 403 -2336 � _ _ .._. i... Thursday, September 14, 2006 - �_ Page 3 of 3 DATE: TO: FROM: RE: Agenda Item No. 9A -- February 13. 2007 - -- _ Page 9 of 43 MEMORANDUM - November 17, 2006 Elections Office Sue Filson, Executive Manager Board of County Commission Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. AFFORDABLE HOUSING COMMISSION COMMISSION DISTRICT Jack J. Bachmann 1942 Kingfish Road Naples, FL 34102 John Barlow 4351 Gulf Shore Blvd., N. #19N Naples, FL 34103 Henry Holzkamper 6435 Highcroft Drive Naples, FL 34119 Robert C. Kantor 2245 Pine Woods Circle Naples, FL 34105 Arnold L. Karp 2326 Cheshire Lane Naples, FL 34109 Angela M. Lanctot 814 105th Avenue, N. Naples, FL 34108 Charles L. Martin 2222 Gulfshore Boulevard, N. Naples, FL 34102 Agenda Item No. 9A February 13, 2007 Page 10 of 43 Matthew Nelson 7622 Novara Court Naples, FL 34114 James A. Pusateri 4971 Cerromar Drive Naples, FL 34112 John J. Schantz 190 13'h Avenue, S. Naples, FL 34102 Dona Schrim 7513 Cordoba Circle Naples, FL 34109 Donald Spanier 812 Pitch Apple Lane Naples, FL 34108 Brenda Talbert 2160 Piccadilly Circus Naples, FL 34112 Thank you for your help. Agenda Item No. 9A February 13, 2007 MEMORANDUM Page 11 of 43 DATE: November 17, 2006 TO: Cormac Giblin, HUI Manager FROM: Sue Filson, Executive Manage 1 Board of County Commission RE: Affordable Housing Commission As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Jack J. Bachmann 1942 Kingfish Road Naples, FL 34102 John Barlow 4351 Gulf Shore Blvd., N. #19N Naples, FL 34103 Henry Holzkamper 6435 Highcroft Drive Naples, FL 34119 Robert C. Kantor 2245 Pine Woods Circle Naples, FL 34105 Arnold L. Karp 2326 Cheshire Lane Naples, FL 34109 Angela M. Lanctot 814 105th Avenue, N. Naples, FL 34108 Charles L. Martin 2222 Gulfshore Boulevard, N. Naples, FL 34102 Matthew Nelson 7622 Novara Court Naples, FL 34114 Agenda tern No, °A February 13, 2007 ?age 12 of 43 James A. Pusateri 4971 Cerromar Drive Naples, FL 34112 John J. Schantz 190 13th Avenue, S. Naples, FL 34102 Dona Schrim 7513 Cordoba Circle Naples, FL 34109 Donald Spanier 812 Pitch Apple Lane Naples, FL 34108 Brenda Talbert 2160 Piccadilly Circus Naples, FL 34112 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments Agenda Item No. 9A February 13, 2007 Page 13 of 43 f lson s Wrom: AmoldSandra nt: Monday, November 06, 2006 9:22 AM o: filson_s Subject: Jack J. Bachmann Attachments: Picture (Metafile); Picture (Metafile); Picture (Metafile); Picture (Metafile); Picture (Metafile); Picture (Metafile) Please fill out the following form to apply for a Collier County Board / Committee. If you have any questions regarding this application please contact Sue Filson, Executive Manager to the Board of County Commissioners, at (239) 7744097 or email to suefdson @coliiergov.net Your Name: (Please type your name as it appears on your Jack J. Bachmann voters registration) Home Address 1942 Kingfish Road City Naples ZIP Code 34102 Home Phone (Ex. 239- 417 -4371 49 9- 555 -5555) Business Phone (Ex. 239- 253 -6360 239- 555 -5555) Fax (Ex. 239 -555 -5555) 239 -417 -1378 E -mail Address (Important: In order to recieve a copy of your jbach79949@aol.com application you must enter a valid E -mail address.) Place of Employment Overbrook, L.P. How long have you lived in Collier 5 -10 Years County? Have you ever been convicted of any offense against the law? No If yes, explain: Not answered Are you a registered voter in Collier County? Yea '-'*ard or Committee Applied for: Affordable Housing Category (If Applicable): (Example: Commission District, Developer/Manager Developer Environmentalist, laitizen At- Large, etc.) Do you currently hold public office? No If yes, what office do Not answered you hold? Do you now serve, or have you ever served on a Collier County board or committee? Yes No If yes, please list the Not answered boards / committees: Please list your community activities and positions held: (Example: Civic clubs, neighborhood associations, etc.) Church board and volutteer at DAS Agenda Item No. 0A February 13, 2007 Page 14 of 43 �ucation: Degree in Business Administration from Washington Univerity, St. Louis, Missouri. Major in marketing and a minor in finance Experience / Background: Developer, construction, and management of real estate for 40+ years. We have doen LIHTC projects in Collier Count and the St. Louis, Missouri MSA n 2 filson_s From: advisoryboards@colliergov.net • Sent: Friday, October 27, 2006 7:16 PM To: filson_s Subject: New On -line Advisory Board Application Submitted. Page 1 of 2 Agenda Item No. 9A F=ebruary 13, 2097 Page 15 of 43 FRight -dick here Board of County Commissioners Right -click here to download pic to download 3301 East Tamiaml Trail_ _�__.._._.- _...- .______________ Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774 -3602 October 27, 2006 Application for Advisory Committees / Boards Name: John Barlow Home Phone: 239 - 649-6380 Home Address: 4351 Gulf Shore Blvd. N. Residence 19N City: maples Zip Code: 34103 '-" 10 Fax Number: 239 -649 -6378 Business Phone: 239 -649 -6380 Email Address: johnbarlow @ierivage.net Place of Employment: retired How long have you lived in Collier County? 5 -10 years IOVC b9zen convicted of any offense against the law? No epic v�u o icuia u ri a�ici ill vviiici va�ui�av i r: %w:iiu z va+�uunaacc .- .ua%..caa zas.. /-+In ii -- i iiri via icur✓i"v: iii ' uvuiiiuui'% / Iv+. liu+n ll/rzil+nl +riirV iii+?+i VL VVi! Vii.ic.zazV ■Iaf.Y Vij alINC aI1 ..4GZ er+l Do you now serve, or have you served on a Yes Collier County board or committee? ii +.00 �aio'aasa iiri inp i+r, �..ic i ri+mmii'nav' ..t . ^.. :li.. nlil n lel�lilizc?i +n li/c? i �iiniii�.iiwiiii +.+nluiulit -r • • • 1 0/30/2006 Please list your community activities: Productivity Committee Education: B.S. Florida Southern College, Lakeland, Florida University of South Florida, Temple Terrace, attended not graduated MBA Experience / Background: President and CEO, SAfelite Auto Glass, Columbus, Ohio President of Western Auto Stores, Kansas City Missours Agenda Item f-a. 9A February 13, 2007 Page 16 of 43 Agenda Item No. 9A February 13; 2007 Page 17 of 43 filson s AmoldSandra nt: Monday, November 06, 2006 9:20 AM o; filson_s Subject; Henry Holzkamper Attachments: Picture (Metafile); Picture (Metafile); Picture (Metafile); Picture (Metafile); Picture (Metafile); Picture (Metafile) Please fill out the following form to apply for a Collier County Board / Committee. If you have any questions regarding this application please contact Sue Filson, Executive Manager to the Board of County Commissioners, at (239) 77441097 or email to suefilson @coIIiergov.net Your Name: (Please type your name as it appears on your Henry Holzkamper voters registration) Home Address City Naples ZIP Code 34119 Jkome Phone (Ex. 239 -555 -5555) Business Phone (Ex. 239 - 555 -5555) 239 - 777 -4777 239 -566 -7744 Fax (Ex. 239 - 555 -5555) 239 -566 -9733 6435 Highcroft Drive E-mail Address (Important: In order to recieve a copy of your cookin®an@aol.com application you must enter a valid E -mail address.) Place of Employment Naples Place How long have you Wed in Collier 5 -10 Years County? Have you ever been convicted of any offense against the law? No If yes, explain: Not answered -40 Are you a registered voter in Collier County? Yes Board or Committee Applied for: Affordable Housing Qategory (If Applicable): (Example: Commission District, Not answered Developer Environmentalist, Citizen At- Large, etc.) Do you currently hold public office? No If yes, what office do Not answered you hold? Do you now serve, or have you ever served on a Collier County board or committee? Yes No yes, please list the Not answered oards / committees: Please list your community activities and positions held: (Example: Civic clubs, neighborhood associations, etc.) Member Collier County Apartment Association Education: Degree Business Administration and High School cooperative Education Teacher Experience / Background: Agenda Item No. 9A February 13, 2007 Page 18 o'143 Owner of affordable housing in Chicago from 1968 to 1990 Own over 300 affordable housing apartments in Collier County. 200 are in Golden Gate 100 are along Bayshoe Drive Others scattered it is my opinion that Collier County is doing everything possible to elimate affordable housing. This is largly not purposeful. The effects are catastropic! I want to help correct the ituation. I am in the trenches daily, and see the destruction of affordable housing. (This honomenon is making me millions! IT IS WRONG!) Agenda Item No. 9A February 13, 2007 Page 19 of 43 filson s From: enews@colliergov.net nt: Thursday, November 09, 20061:46 PM filson_s Subject: Advisory Board Application from Collier County Website ----------------------------------------- Please fill out the following form to apply for a Collier County Board / Committee. If you have any questions regarding this application please contact Sue Filson, Executive Manager to the Board of County Commissioners, at (239) 774 -8097 or email to suefilson @colliergov.net Your Name: (Please type your name as it appears on your voters registration) Robert C. Kantor Home Address 2245 Pine Woods Circle City Naples ZIP Code ]a� FL 31A Home Phone (Ex. 239 - 555 -5555) 239 - 213 -0294 Business Phone (Ex. 239 -555 -5555) 239- 213 -0044 Ox (Ex. 239 - 555 -5555) 239 - 213 -0047 E -mail Address (Important: In order to recieve a copy of your application you must enter a valid E -mail address.) robertk @flmortgageteam.com Place of Employment Florida Mortgage Team, Inc How long have you lived in Collier County? 1 - 2 Years [] 3 - 4 Years [] 4 - 5 Years (] 5 - 10 Years [x] 10 - 15 Years [l More than 15 Years [] Have you ever been convicted of any offense against the law? Yes [ ] No [x] If yes, explain: Not answered Are you a registered voter in Collier County? Yes [x] 10 ( Board or Committee Applied for: Affordable Housing 1 Agenda Item No. 9A February 13, 2007 Page 20 of 43 Category (If Applicable) : (Example: Commission District, Developer Environmentalist, Citizen At- Large, etc.) Mortgage Professional Wyou currently hold public office? es [ ] No [x] If yes, what office do you hold? Not answered Do you now serve, or have you ever served on a Collier County board or committee? Yes [ ] No [x] If yes, please list the boards / committees: Not answered Please list your community activities and positions held: (Example: Civic clubs, neighborhood associations, etc.) NABOR - Functions Committee NABOR - Golf Committee NAMB FAMB Education: BS Business Administration Bridgewater College, VA Minor - Economic - Bridgewater College, VA Experience / Background: Over 12 Years in the Mortgage Industry. Currently owner of Florida Mortgage Team, Inc (licensed in FL and VA). tst experiend with FNMA and FHLMC pilot programs. Have worked National Lenders in all pacities, Correspondent, Wholesale and retail. Have a strong knowledge of loan underwriting and FNMA and FHLMC lending guidelines. Originate community home buyer loans for lower level income buyers. 0 2 I • Agenda Item No. 9.A February 13, 2007 Board of County commissio&ECEIVED 2Parae 21 of 43 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 of County(C Fax: (239) 774 -3602 Application for Advisory Committees/Boards Name: A R r, o L-p L. K R R. se Home Phone: Y6 b- Z 5'5 Z Home Address: z 2 b N E S l-t 1Z r L A N► E Zip Code: 3 `( 10 4 '90,r 1,w a►1f.A.�r Fax No. 5 to b - 7 q 5 Z Business Phone: S b (6 - i Q 5 Z e-mail address: on L-A-C ab-r . v-ct Place of Employment: R v 4-7T 1 C A M 1 %--L M A +s RC,G n E NT , 'S is C Board or Committee Applied for: A s e- O R7 A B t- E " o y S 1 ra G C o %1 M% S s S ot-J Category (if applicable): 4kn u S t t.s G. Q R O rr E S S l0 N Rz=q r Commission Dishict, Developer, ewvh-!•aftA1C 1o7 person, eie. How long have you lived in Collier County: Years L -- Months Are you a registered voter in Collier County: Yes ✓ No Do you currently hold public office? Yes No ✓ If so, what is that ot6oe? Have you ever been convicted of any offense against the Law? Yes No w/ If yes, explain: •Do you now serve, or have you ever served, on a Co1Her County board or committee? Yes No ✓ U yes, please list the committeew%oards: Please list your community activities (civic clubs, aeighborhood associations, etc. and positions held: L'4 Education: u" ► v r.g S% t X o f h Y t_ A N -0 :a A Experience: c,(D `{ a u S ©F �-i o S t as U 1 rs Ft e..£. A �a o �A tom£ R. S ♦1 ti'P ASST OF L..nu� pty- l M0!Dr'0 ATE. IcZCoMC \-lovsir.cc-, o,sM9-w- 1A00Z. AtJ� FARMS S NOME '4tZoG —�flMS SEE A cc Acct E� RE S u 1A. E Pierre aaadr msy eddy wool igfornm ims yaw fart pertinent. This appLwown skoWd be forwvtraW to Swe Fdson, Ezccram Manager to the Board ofCowmy Commiumnas, 3301 Fast Tan umd Tai{ Naples, FL 34111. ;f yew wirls, pleas fox yews apPliatiow to (239)774 -3601 or a -nail to swetilson(a-1 - oUiereov.net Tkank yon for volunteering to serve the ddzem of Ca11ier Cownty. I L Agenda Item No. 9A February i 12007 Page 22 of 43 ARNOLD L. KARP • Have had a broad and varied career in commercial real estate since 1959. Background includes extensive experience as a real estate broker and real estate appraiser for various banking institutions. Operating officer of a larger discount department store chain with prime function in the development and leasing of shopping centers. President of Middle Atlantic Equities Corporation, successor to The Karp -Fox Company, organized in 1975, an FHA Approved Mortgagee specializing in mortgage and equity (brokerage and syndication) financing. President of Multi- Family Management, Inc., a property management firm founded in 1971 which has the responsibility for the rental management of 4,000 housing units through the Middle Atlantic area primarily in federally assisted programs. Individually or through a wholly owned corporation acts as general partner directing the responsibilities of asset manager for limited partnerships owning apartments totaling over 1,900 units. Co- founder and President of Karp, Nestler and Company, Washington D. C. The is Company was engaged in the financial structuring and development of real estate projects for I 1 years, primarily those which were federally assisted until it was merged with Multi- Family Management. Handled the project development, asset management, contract negotiations, and structuring of syndications and joint ventures. • Attended Seton Hall Preparatory School, South Orange, New Jersey. Graduate of the University of Maryland with an B.A. degree in Government and Politics and attended George Washington Law School. Additionally holds a certificate in Tax Planning in Real Estate from American University and a certificate in Real Estate Investment Analysis from the Wharton School. Served on active and inactive duty for 10 years in the U.S. Marine Corps Reserve attaining rank of Captain. Licensed real estate broker in four jurisdications and member of the Greater Washington Commercial Association of Realtors. Has written numerous articles for trade publications and lectured at real estate seminars. Member of NAHMA Executive Council, with a National Assisted Housing Professional designation and Chairman of the Rural Housing Committee. Member of USDA -RHS Multifamily Housing Management Task Force and Rural Preservation Working Group. Participant on the financial subcommittee for HUD 2020 Management Reform Plan. • 0 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774 -3602 Agenda Item No. 9A February 13, 2007 43 Application for Advisory Committees/Boards Name: Angela M. Lanctot Home Phone: 239 -597 -9952 Home Address: 814105 Ave. N Naples Zip Code: 34108 Fax No. Business Phone: 239 - 598-1136 e-mail. address:alanetot Qlax.caaita6edn Place of Employment: Mare F Oates. P.A. (low office) - — Board or Committee Applied for: Affordable Housing Commission Category (if applicable): Enmple- - Commimioa District, Developer, eaviroameatslid, My person, eft- How long have you lived in Colder County: Years 1 Months 2 Are you a registered voter in Collier County: Yes -X NO Do you currently bold public office? Yes No X If so, what is that ofiee? 0 Have you ever been convicted of any offense against the Law? Yes No X if yes, explain: Do you now serve, or have you ever served, on a Collier County board or committee? Yes No X If yes, please list the committees/boards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: I am the Vice President and a director for the Foundation for the Developmentally Disabled.- I am a volunteer for the Susan G. Koman Breast Cancer Foundation. Education: I have a Bachelor of Science in International Business from Grove City College in Pennsylvania and a Juris Doctor degree from Capital University Law School in Columbus. Ohio. Experience: I am licensed to practice law is Ohio and Florida. I have been practicing real estate law for the past year in Napks I am in the Real Estate section of the Collier County Bar Association. as well as the Real Property section of the Florida Bar. I am very interested in the Affordable Housinne Commission because of my interest in seeing that all citizens of Collier County are able to have a safe, suitable and affordable place to call homy Please smack ary odAWmW i *nvmeiam yap feetpaiU st Tkn yppNcsdm skomM be fot+mw&i ar Sw F71son, Eaecudw Meism r to tke Board of Counry Cmmpdmione m 3301 East TamhmW 7MK NApfea, FL 31112 Ifyeu v&k, p1ftwfvr yoga W6N don to (139) 774 -3602 or e,maU w suerJson+wrolliereov. nee Tkank you for volum'tering to serve tke ddzens of Calder Con . Angela M. Lanctot, Esq. Agenda Item No. 9A February 13, 2007 Page 24 of 43 Address: 814 105"' Avenue North, Naples, FL 34108 • Phone: (239) 537 -0620 • Email: alanctot @law.capital.edu EDUCATION Capital University Law School, Columbus, OH Grove City College, Grove City, PA Juris Doctor, May 2005 Bachelor of Science, May 2000 GPA: 3.205 /4.00; Ranked 63/235 Major: International Business Certificate of Concentration in Publicly -Held GPA: 3.22/4.00; Major GPA: 3.50/4.00 Companies and Small Business Entities tSAK ADMISSIONS AND PROFESSIONAL ASSOCIATIONS State of Florida (The Florida Bar, Collier County Bar Association, Collier County Women's Bar Association) State of Ohio (Ohio State Bar Association, Columbus Bar Association) Member Agent for Attorneys' Title Insurance Fund, Inc. American Bar Association HONORS /AWARDS Graduated with Honors, Cum Laude, Capital University Law School Ron Friedman Award, Capital University Law School — 2005 Order of the Barristers for Excellence in Moot Court, Capital University Law School — 2005 Presidential Management Fellowship Finalist, United States Office of Personnel Management — 2005 CALI Excellence for the Future Award for Real Estate Finance — Fall 2004 Dean's List, Capital University Law School — Fall 2003, Fall 2004, Spring 2005 Presidential Merit Scholarship, Capital University Law School — 2002 -2005 Graduated with Honors in International Business, Grove City College LEADERSHIP AND ACTIVITIES Vice President, Foundation for the Developmentally Disabled, Collier County, Florida, 2006 - Present • Activities Chairperson for Student Bar Association, Capital University Law School, 2004 -2005 Associate Chief Justice, Internal, Moot Court Board, Capital University Law School, 2004 -2005 Career Vice President, International Law Society, Capital University Law School, 2002 -2005 Member of the Jessup International Law Moot Court Team for 2003 -2004 Co- Captain, Grove City College Women's Varsity Golf Team, 1996 -2000 EXPERIENCE Associate Attorney, Marc F. Oates, P.A., Naples, FL, Nov 2005 — Present • Performing commercial and residential real estate closings, including title search and examination, title commitments and policies, closing documents and executing the closing. • Preparing and reviewing commercial and residential real estate contracts, contracts for the purchase and sale of a business, commercial and residential lease agreements and commercial loan documents. • General representation of corporate clients, including preparing and filing various corporate documents. • Assisting in building client base by networking with area contacts and developing relationships with new and existing clients. Law Clerk, City Attorney's Office, Upper Arlington, OH, April 2004 — May 2005 • Extensive legal research and writing in many areas of law, including municipal, constitutional, zoning, etc. and drafting updated city ordinances to reflect changes in the law. Law Clerk, Shihab & Associates, Co., LPA, Columbus, OH, April 2003 — April 2004 • Preparing immigration documents, including employment -based and family -based applications and petitions for permanent residency and non - immigrant visas. Medical Interpreter and Team Leader, Heart to Honduras, 14 trips to date, beginning in May 1994 • Coordinating medical and surgical trips to Honduras, assisting in the care and treatment of patients through clinics and surgical procedures, and interpreting for physicians and nurses of the Spanish language, providing the only link for communications between medical professionals and patients. LANGUAGE PROFICIENCY: Fluent in Spanish (nine years of study in language and culture) COMPUTER AND SOFTWARE PROFICIENCY: Windows, MS Outlook, MS Word, MS Excel, MS Access, MS Power Point, Adobe Acrobat, Advanced Certification in Lexis - Nexis, computer networking, general upkeep and maintenance of computer systems Agenda Item No. 9A February 13, 2007 Page 25 of 43 filson s Ron : enews@oolliergov.net nt: Wednesday, November 08, 200611:18 AM K o: Filson s ubject: Advisory Board Application from Collier County Website Please fill out the following form to apply for a Collier County Board / Committee. If you have any questions regarding this application please contact Sue Filson, Executive Manager to the Board of County Commissioners, at (239) 774 -8097 or email to suefilson @colliergov.net Your Name: (Please type your name as it appears on your voters registration) Charles 1. Martin Home Address 2222 gulfshore blvd north City naples ZIP Code 34102 Home Phone (Ex. 239 - 555 -5555) 239 - 262 -7287 Business Phone (Ex. 239 - 555 -5555) 239 - 262 - 784 -5498 x (Ex. 239 - 555 -5555) 239- 262 -7289 E -mail Address (Important: In order to recieve a copy of your application you must enter a valid E -mail address.) realtyrainmaker @gmail.com Place of Employment Wynns Realty How long have you lived in Collier County? 1 - 2 Years [] 3 - 4 Years [x] 4 - 5 Years [] 5 - 10 Years [] 10 - 15 Years [] More than 15 Years [] Have you ever been convicted of any offense against the law? Yes [ ] No [x] If yes, explain: Not answered Are you a registered voter in Collier County? Yes [x] No [ ] �ard or Committee Applied for: Affordable Housing Commission 1 Agenda item Flo. 9A or February 13; 2007 Category y (If Applicable): (Example: Commission District, Developer EnvironmenEaid..-it,of43 Citizen At- Large, etc.) Not answered Do you currently hold public office? Wes [ ] Y No [x] If yes, what office do you hold? Not answered Do you now serve, or have you ever served on a Collier County board or committee? Yes [x] No [ ] If yes, please list the boards / committees: Collier County Code enforcement board—flood plain management planning committee. Please list your community activities and positions held: (Example: Civic clubs, neighborhood associations, etc.) MSI board of directors louisville kentucky Realtor association 2003 -2005 ..13 years deputy sheriff f.o.p.louisville kentucky..Neighborhood conservation program louisville 1976..Homestead program louisville 1977..Urban Renewal /community development cabinet Employee programs committees. Education: western kentucky university..licensed real estate broker 34 years..Florida licensed certified general contractor—Board certified mold remediation..certified eifs inspector—certified fema inspector—certified home inspector.see other education at www .masterpropertyconsultant.com have a education library of AFFORDABLE HOUSING technologys programs thru -out the world..a real intrest to me building the best product affordable including site development and smart growth new urbanism. Experience / Background: Started my career as the youngest Housing and urban development general contractor in ea 1972 rebuilding inner city housing ( hud contractor) in 1974 I recieved my real estate brokers license then was hired as the youngest federal employee for the Urban Renewal agency /community development cabinet for the implementation of the block grant 312 program where we rebuilt 7 inner city neighborhoods..since those days I have developed major subdivisions,commercial developments and owned major franchise real estate offices—now I have been commissioned to start a real estate division for the Wynn family who has been in the business community since 1938 our new office is in the wynn building since 1950 711 5th avenue south downtown naples. r1 LJ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774 -3602 Agenda Item No. 9A February 13, 2007 43 Application for Advisory Committees /Boards Name: Matthew Nelson Home Phone: 239- 353 -8412 Home Address: 7622 Novara Court, Napks FL Zip: 34114 Code: ? Fax No. 239 - 254 -8023 Business Phone: 239- 254 -8020 e-mail address: mnelson patap-oniaconstruction.com Place of Employment: Patagonia Construction Board or Committee Applied for. Affordable Housing Category (if applicable): Example: Commission District, Developer, environneatalisk by person, etc. How long have you lived in Collier County: Years: 1 Months: 6 Are you a registered voter in Colder County: Yes__&_No Do you currently hold public office? Yes No X If so, what is that office? Have you ever been convicted of any offense against the Law? Yes No X If yes, explain: Do you now serve, or have you ever served, on a Collier County board or committee? Yes No X If yes, please list the commithm/boards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: I am an active parent volunteer at Leiy Elementary School. I also am a member of the Collier Building Industry Association. Education: Graduate of Wasson High School in Colorado Springs, CO. Attended Pikes Peak Clkge and St. Louis Univeristy Graduated from the Engineering School of the Air Force as a Surveyor, Draftsman and Enginnring Technician Experience: Please see attached resume. Pkase a9sch wW addif and hyo W*X ymt feel persbs" 7%b app5eadea shouts se fonhaWW m sue FUMINP Ex� Mmew m Me Board of Cowwty C,=mWW rs, 3301 East Tmd W Tram NNrpks, FZ 34112 If you **k please fir yaw to (239)774-3601 or e-nuff m suefrlsonfalcolliierrnov. net 7hawk you for vohWeerhW 0 serve Me dlkem of CoAller Gouwty. Agenda Item No, 9A February 13, 2007 Page 28 of 43 dh MATTHEW NELSON 7622 Novara Court Naples, FL 34114 H: (239)- 353 -8412 Cell: (239)- 919 -9413 E -mail: mnelson @patagoniaoonshKtjon.com SUMMARY OF QUALIFICATIONS • PROJECT MANAGEMENT: Managing all phases of multimillion dollar commercial and residential construction projects to include sales and marketing. Estimating time and material costs. Maintaining quality and cost control. Contracting quality trades and subcontractors. Conducting weekly safety meetings. • ADMINISTRATION: Developing and implementing policies and procedures. Ensuring compliance with local and federal govemment regulations. Responsible for supervising all on -site construction and land development, including scheduling sub - contractors, resolving day- to-day problems on the job site, and inspecting all work during construction to ensure compliance with plans, specifications and relevant building codes. • SUPERVISION/TRAINING: Supervising sales manager and associates, project engineers, construction managers, foremen, and laborers. Training and evaluating all team members. Conducting performance evaluations and strict quality control. SKILLS AND ACHIEVEMENTS • Consistent history of delivering major renovation and new construction projects on time and on budget. • Proven leadership, team building, project and construction- management skills developed on unique and challenging projects. • Proven ability to work with demanding clients in private and government sectors at different locations across the globe. • Practical business experience gained by optimum use of available funds and use of design and construction firm's skills and talents. WORK EXPERIENCE May 2005 to June 2006 Toll Brothers Inc. Naples, Florida Project Manager: Agenda Item No. 9A February 13, 2007 Page 29 of 43 • Punned and managed the entire construction of a new community of 112 single family luxury homes and clubhouse. • Coordinated all federal, state and local permitting, land development, purchase of the property and site plan with Attorneys, Project Engineers and Environmental consultants. • Hiring of sales manager, sales associates, project administrator and construction managers. • Orchestrated fluid scheduling with the county government, local phone, cable and electrical companies. • Created the marketing brochure, website and advertisements specific to the community. September 2004 to Present Martin Tabor & Associates Stuart, Florida --� Development & Project Manager: • Provide guidance and assistance to implement cost and planning tools for construction to new members of the firm. • Coordinate all new projects with home builders. • Overall supervision of land development and obtaining permits from the county commissioners. • Creating new vertical construction branch for the company. March 2002 to July 2004 Pacific Architects & Engineers Seville, Spain Chief of Construction Management: • Successfully managed various aspects of several construction projects: construction, fast -paced schedule & international suppliers and subcontractors. • Provided budget, schedule and quality control throughout project, including during technical design, procurement, construction and installation. Worked with owner to develop and maintain these controls. • Provided effective coordination among technical designers, consultants and contractors. • Assisted engineers to develop strategies and procure technical equipment worth $20M. • Supervision of eight construction inspectors and assistants. • Communicated extensively with customers including top government officials. Agenua Item No. 9A February 13, 2007 Page 30 of 43 i March 1997 to March 2002 JA 3ones Management Services Seville, Spain Chief of Construction Management and Project Inspector• • Assistant engineer & project Inspector for all airfield runway projects. • Developed use of cutting edge CADD equipment as Chief of the Design Section. • Implemented Risk Prevention & Quality Control programs to establish safety guidelines. • Managed and directed major construction projects for several departments of the Department of Defense. • Estimated time and material costs for all projects. • Developed and administered project budgets of up to $22 million. • Trained, supervised, and evaluated project inspectors, foremen and laborers. December 1994 to June 1997 617th Civil Engineer Squadron, United States Air Force Ramstein Air Base, Germany ENGINEERING TECHNICIAN • Construction Inspector and Construction Supervisor, Computer Aided Drafting and Design Instructor. • Geographical surveyor/ engineer for various new bases for the United Nations. • Responsible for managing all airfield construction work at several worldwide locations. • Monitored progress of project at all stages. Administer project budget. • Maintained quality and cost control. • Developed and implemented policies and procedures. Ensured compliance with government regulations, engineering drawings, and customer specifications. Agenda Item No. 9A February 13, 2007 Page 31 of 43 June 1993 to December 1994 86th Civil Engineering Squadron, United States Air Force Ramstein Air Base, Germany ENGINEERING ASSISTANT: Construction Inspector, Chief Surveyor and Computer Aided Drafting and Design Draftsman. • Airfield Safety Inspector, Chief Surveyor at Tuzla Air Base, Bosnia - Herzegovina and at Taszar Air Base, Hungary • Construction Supervisor for all asphalt projects at Ramstein Air Base. • Assistant Engineer for runway and taxiway projects at Morbn Air Base, Spain. • Chief of Drafting and Design. • Chief Engineer and Job Supervisor for the complete renovation of all taxiways and runway at Torrej6n Air Base, Madrid, Spain. Duration: 8 months. Completed in record time and under budget. • Chief Designer for complete renovation of taxiways at Morbn Air Base, Spain. • CADD Manager and Instructor for the 617"' Civil Engineering Squadron. • Draftsman and CADD Designer for over 130 projects. • Construction Inspector at Ramstein Air Base, Germany. • Services Contract Inspector at Ramstein Air Base. December 1991 to June 1993 7th Civil Engineering Squadron, United States Air Force Carswell Air Force Base, Fort Worth, Texas ENGINEERING ASSISTANT: Contract Inspector, Environmental Inspector, Surveyor and Draftsman. Environmental Assistant Engineer inspecting ground water contamination at Carswell Air Force Base. Draftsman and Designer using CADD and conventional Drafting tools. Responsible for maps, plans and construction archives. --4 0 EDUCATION 1993 to 1996: College of the Air Force Ramstein Air Base, Germany ASSOCIATES DEGREE / CIVIL ENGINEERING 1991 to 1993: Engineering School of the Air Force Sheppard Air Force Base, Wichita Falls, Texas ENGINEERING TECHNICIAN, DRAFTSMAN AND SURVEYOR 1988 to 1990: Saint Louis University Madrid Campus, Spain CIVIL ENGINEERING COURSE PROGRAM SPECIAL COURSES / ENGINEERING ORGANIZATIONS Microstation / Intergraph Basic, Advanced, 3D, Project Architect and Microsoft Corporation All Windows Applications and Programs Air Force Association Member of 15 years Military Engineer Organization Member of 11 years American Red Cross Current certification of First Aid and CPR Agenda Item No. 9A rebruary 13, 2007 Page 32 of 43 Network Server CADD Programs. LANGUAGES English Language: Perfectly fluent Spanish Language: Perfectly fluent French and Italian Languages: Fair comprehension of the written and spoken word Russian Language: Fair comprehension of the spoken word and verbal comprehension Agenda Item No. 9A February 13, 2007 Page 33 of 43 filson s From: enews@colliergov.net nt: Monday, November 13, 200610:52 AM filson s Subject: Advisory Board Application from Collier County Website ----------------------------------------- Please fill out the following form to apply for a Collier County Board / Committee. If you have any questions regarding this application please contact Sue Filson, Executive Manager to the Board of County Commissioners, at (239) 774 -8097 or email to suefilson @colliergov.net Your Name: (Please type your name as it appears on your voters registration) James A. Pusateri Home Address 4971 Cerromar Drive City Naples ZIP Code 34112 Home Phone (Ex. 239 - 555 -5555) 239 - 775 -7029 Business Phone (Ex. 239- 555 -5555) none Ax (Ex. 239 -555 -5555) 239 -775 -7029 E -mail Address (Important: In order to recieve a copy of your application you must enter a valid E -mail address.) jpusat6700 @aol.com Place of Employment retired How long have you lived in Collier County? 1 - 2 Years [] 3 - 4 Years (x] 4 - 5 Years [l 5 - 10 Years [l 10 - 15 Years [] More than 15 Years (] Have you ever been convicted of any offense against the law? Yes [ ] No [x] If yes, explain: Not answered Are you a registered voter in Collier County? Yes [x) . 10 [l Board or Committee Applied for: Affordable Housing Commission 1 Agenda item No. 9A February 13, 2007 or page 34 of 43 Category y (If Applicable): (Example: Commission District, Developer Environmentalist, Citizen At-Large, etc.) Not answered `o you currently hold public office? es [] No [x] If yes, what office do you hold? Not answered Do you now serve, or have you ever served on a Collier County board or committee? Yes [I No [x] If yes, please list the boards / committees: Not answered Please list your community activities and positions held: (Example: Civic clubs, neighborhood associations, etc.) Present:Board Member, East Naples Civic Association. Member, Long Range Planning Committee, Naples Lakes Country Club. Deliver for Meals on wheels. I have attended the Affordable Housing Committee meetings for the last year. Past: Member of Rotary and Kiwanis. Served as President of Ranchmart Kiwanis in Johnson County, Kansas. Served on the Board of Directors of two country clubs. I have been a member of local and state bar associations and and have served on a number of their committees and sub committees. Education: Bachelor of Arts, University of Kansas. Juris Doctor, University of Kansas School of Law. Experience / Background: 0Private practice of law in Johnson County, Kansas.(7 years). City Councilman, Prairie 11age, Kansas.(population 25,000)(2 years). Assistant United States Attorney for the District of Kansas.(? years). United States Bankruptcy Judge for the District of Kansas. (26 Years) Served as Chief Judge for nine years and on the Bankruptcy Appellate Panel for the Tenth Circuit for seven years. Board of Directors, National Conference of Bankruptcy Judges. (4 years) • 2 Agenda Item No. 9A February 13, 2007 Page 35 of 43 filson s From: enews@colliergov.net nt: Wednesday, November 06, 2006 4:56 PM fiison_s *Ubject: Advisory Board Application from Collier County Website ----------------------------------------- Please fill out the following form to apply for a Collier County Board / Committee. If you have any questions regarding this application please contact Sue Filson, Executive Manager to the Board of County Commissioners, at (239) 774 -8097 or email to suefilson @colliergov.net Your Name: (Please type your name as it appears on your voters registration) John J Schantz Home Address 190 13th Av S City Naples ZIP Code 34102 Home Phone (Ex. 239 - 555 -5555) 239 - 643 -7678 Business Phone (Ex. 239 - 555 -5555) Not answered �x (Ex. 239 - 555 -5555) Not answered E -mail Address (Important: In order to recieve a copy of your application you must enter a valid E -mail address.) JJAVIATOR @AOL.COM Place of Employment retired How long have you lived in Collier County? 1 - 2 Years [] 3 - 4 Years [] 4 - 5 Years [} 5 - 10 Years [] 10 - 15 Years [x] More than 15 Years [] Have you ever been convicted of any offense against the law? Yes [ ] No [x] If yes, explain: Not answered Are you a registered voter in Collier County? Yes [x] oard or Committee Applied for: Affordable Housing 1 .Agenda Item No. 0,A February 13, 2037 Category (If Applicable): Page 36 of 43 pp ): (Example: Commission District, Developer Environmentalist, Citizen At- Large, etc.) Not answered Wyou currently hold public office? es [] No [x] If yes, what office do you hold? Not answered Do you now serve, or have you ever served on a Collier County board or committee? Yes [] No [x] If yes, please list the boards / committees: Not answered Please list your community activities and positions held: (Example: Civic clubs, neighborhood associations, etc.) Current Vice - Chairman Code Enforcement Board for the City of Naples. Appointed May, 2003, re- appointed May 2006, term expires May 2009. Education: Bachelor of Science, Civil Engineering, Syracuse University. Experience / Background: B.S. Civil Engineering, Syracuse University President of family homebuilding business for 30 years. Built over 1500 homes in Rochester New York. Wer of Monreoe County (New York) Water Authority for 18 years, 10 years as Chairman. Past President of Rochester Home Builders Assn. Past President of the New York State Builders Assn Past Chairmen of the Rochester Better Business Bureau Military: USAF Fighter Pilot(F100C, D, F )7 years. NY Air National Guard (F100C, D, F ) 5 years Viet Nam 68 -69, 264 combat missions Air Medals -13 Distinguished Flying Cross -2 is 2 Page I of 2 Agenda Item No. 9A February 13, 2007 filson-9 Page 37 of 43 Frame: advemyboards@co#OVM.net SwIt Monday, C>CtDbw 3o, 2006 12:17 PM To: "Son—s Std*mct New On -dine Advisovy Board Appkabon Subntiled. iok tam Eloalrd of County Comm RV*4** tOM ID downkad pk ROM- t �IWoa d�:"� 3301 East TAMWW Traf 111111op- FL 34112 Tt*. (23" 7744M Fax: (23" 7744M October 30, 2" Name: Dora Sdwim Home Phone: 239-596-1074 Home Addkess: 7513 Con*Am C*vle City: Naples Zip Code: 34109 - J Fax Number. 239659-3333 Businem Phone: 239-659-4282 Email Add -ow: schr*u3@ad cam Plum of Emigoyn PnxkwdW Florida WCA P4xft How " have you lived in Copier County? 5-10 years Have you agar been con vicbdof any offe -00 against the lands NO Are you a regWawiwl v~ in Copier County? Yes 177 w; 3 1 7 7 771 Z 7- r Do you cwrendy hold public offte? No Do you now serve, or have you lief v on a NO CoWwr County basid or %0-%Jfnfv 2&&-- Please list your conununity act1willies: 10/30/2006 0 • . .. :�� r• is . . • Expw iel ! &x- d: Working with devebpem on bonding aif iaMble housing in Gollw County Developw in Ohio -1000 slip marina Devekgw in K *jcky- Singie ian* subdivision 10/30/2006 Page 2 of 2 Agenda Item No. 9A February 13, 2007 Page 38 of 43 4 Donald Seamier 812 Pitch Apple Lane Naples, Florida 34108 Tekphone: 514 -7917 his Sue Fuson, ctwid" manager County Commission 3341 U.S. 41 East Naples, 34112 Dear Ms. Filson: Agenda Item No. 9A February 13. 2007 Page 39 of 43 RECEIVED SEP 2 2 20M Board of County comma .Imuivyll, 2446 Tins letter is my application for appointment to The Affordable Housing Commission. 1 am a year -round resident; I live and own property in Pelican Bay, a master planed community is the unincorporated portion of Colder County. I am a retired man and have resided and paid taxes here for over ten years. Prior to that time I was a resident of the States of New York and Pennsylvania. I am a graduate eriginew and administrator, having received my degrees from the Masrranietesetts Institute of Technology. Following completion of my formal education I worked as are engineer, as ai�istrator and an awcutive and as a conadtant to businesses; government An units of governm An iWotant segmew of my career was spent in the devekvnwit, construction and administration of housing that was affordable to employees whose incomes did not pemut the occup icy or purrhae of "market cost " housing. I was Senior Vice Presidait and Devedopmeat Chairman of the Property Ream rces Corporation, a New York City based company engaged in that business. In all, we developed, constructed, and administered over six thousand such residential units in fifty- eight complexes throughout the metropolitan Now York area. I believe that I can bring a broad range of innovative ideas for producing affordable housing, as well as seasoned and relevant experience in the shelter industry, to the work of the Commission Not incidentally, I have a thorough understanding of the organization and functioning of county and municipal govanment as it relates to housing and of the necessary cooperation and interplay between all of the stakeholders. I , , r AN . l . ---Iq 10 ; r -� Board of County Co■110i5sk"rs 3381 East Tamia ni Tram Naples, FL 34112 (239) 77441897 Fax: (239) 774 -36®2 Fgen�a Item f Jo. 9A February 13, 2037 Page 40 of 43 1 ' / J �\ Application for Advisory CommitteewSoards NMW. Do-ald 3puier 191me lboe>te• 514-M7 Boafe Addmn _812 llteb Appk Lane, Naples, P: www Zp Code: 34186 Ra: No 614-=7 DwdMM pww= M 35" 0,0109 adde+ess: rbee of 'Empb7ment: Refired Board or Coumdam AppKed fet :_Aff6r4 W HegOMS Coo mboi" Category (if as.PK O..■ba.a MoAcR llwae.pe....ba.��tarR b e+�•••� •k. How Ion bare you lived is CoMkw County: Years,_ Montbs Am you a repistemd voter in Collier County: Ya X No_ Do you earmdy bold pudic Wfke? Ya No X N^ Td" bam ago=? Have you ever bees coavieW of gay olrm" against the Law? Ya X No "dedaaa DOnow w Mrs% or bm S" wor No o• a Cosbr Caaaty bosh or oamwanos? yes _X Dw Sw via1 rlp�p so Yew oasn�it7 sctiirkia (dwk dubs+ NOWboriood Mooda ions, etc. gad peddom bow: Agenda Item No. 9A February 13, 2007 Page 41 of 43 f Ison s From: enews@colliergov.net nt: Tuesday, November 14, 200610:45 AM filson_s Oubject: Advisory Board Application from Collier County Website ----------------------------------------- Please fill out the following form to apply for a Collier County Board / Committee. If you have any questions regarding this application please contact Sue Filson, Executive Manager to the Board of County Commissioners, at (239) 774 -8097 or email to suefilson @colliergov.net Your Name: (Please type your name as it appears on your voters registration) Brenda Talbert Home Address 2160 Piccadilly Circus City Naples ZIP Code 34112 Home Phone (Ex. 239 - 555 -5555) 239 - 793 -3876 Business Phone (Ex. 239 - 555 -5555) 239 -436 -6100 lax (Ex. 239 - 555 -5555) 239 - 436 -3878 E -mail Address (Important: In order to recieve a copy of your application you must enter a valid E -mail address.) brenda @cbia.net Place of Employment Collier Building Industry Association (CBIA) How long have you lived in Collier County? 1 - 2 Years [xJ 3 - 4 Years [] 4 - 5 Years [] 5 - 10 Years [J 10 - 15 Years [] More than 15 Years [] Have you ever been convicted of any offense against the law? Yes [ ] No [x] If yes, explain: Not answered Are you a registered voter in Collier County? Yes [x] Ito [ ] Yo or Committee Applied for: The Affordable Housing Commission 1 Agenda Item No. 9A ebruary 13, 2007 P@a 42 Category (If Applicable): (Example: Commission District, Developer Environmentalist,of3 Citizen At- Large, etc.) Not answered Wyou currently hold public office? es [] No [x] If yes, what office do you hold? Not answered Do you now serve, or have you ever served on a Collier County board or committee? Yes [ ] No [x] If yes, please list the boards / committees: Not answered Please list your community activities and positions held: (Example: Civic clubs, neighborhood associations, etc.) Chair of the Florida Home Builders Association Executive Officer's Council Member of the American Society of Association Executives Member of the Biz PAC Member of the Collier School Board Industry Advisory Group Member of EDC Member of Naples Chamber of Commerce Formerly the chair of the Affordable Housing Task Force of the Economic Summit for Palm Beach County Served with the Business Forum of Palm Beach Education: BS Degree from Oakland University, Rochester, Michigan �perience / Background: Professional 2006 - Present Experience Collier Building Industry Association Executive Vice President, CEO & BIAE 2001 - 2006 Gold Coast Builders Association, Boynton Beach, FL Executive Vice President, CEO & BIAE ❑ Took association that was severely indebted to a very strong cash position within two years through creative non -dues revenue activities, increasing membership, effective financial principles and strong management philosophy. ❑ Increased membership and membership participation. Currently at 1100 members. ❑ Responsible for budgeting, cash flow and managing all financial responsibilities of the association. ❑ Responsible for oversight of all Governmental Affairs and PAC activities. ❑ Strong Governmental Affairs experience with a strong knowledge of the Florida Building Code, Licensing, School Concurrency, Impact Fees, Mandatory Inclusionary Zoning and the laws effecting PAC activities. ❑ Responsible for improving the conditions within Palm Beach and Broward Counties to preserve affordable housing by working with the counties, municipalities and funding agencies for affordable housing. ❑ Responsible for long -range and strategic planning and implementation. ❑ Responsible for the public relations of the association and acting as the spokesperson for the association. Strong public speaking experience and ability to effectively represent the association's image in the community. ❑ Responsible for successfully building relationships with other business organizations to facilitate positive interactions with governmental agencies. Responsible for working with a volunteer Executive Committee of fifteen, a Board of rectors of forty -five and numerous volunteer committees and councils within the association. ❑ Manage a staff of eight employees. Responsible for hiring, motivating, disciplining 2 Agenda Item No. 9A February 13, 2007 and training of employees. Page 43 of 43 ❑ Responsible for all governance and compliance of the association to maintain its tax status and reputation. 1996 -2001 Home Builders Association of Manatee County, Bradenton, FL Executive Vice President ❑ Took association from a dismal cash position to a positive cash position of $460,000 annually. ❑ Increased membership by 1698 ❑ Increased Parade of Homes income by 1758 ❑ Improved public relations with the county officials through direct lobbying and working on political campaigns. ❑ Improved communications with membership by investing in computer equipment for the office in order to be more efficient. ❑ Responsible for budgeting, accounting, accounts payable and receivable ❑ Responsible for all non -dues revenue activities, governmental affairs and management of the association. 1993 - 1996 Sun Bank and NationsBank, Bradenton, FL Licensed Mortgage Broker and Originator ❑ Developed a clientele specializing in construction financing ❑ Responsible for sales, application files prior to underwriting, financial analysis of documents and customer service. ❑ Served as the first female Associate 2nd Vice President on the Executive Committee of the HBA of Manatee County. 1987 - 1993 Sarasota Herald - Tribune, Sarasota, FL Advertising Sales Representative ❑ Expanded sales territory ranking as a top sales representative. ❑ Increased revenue by doubling advertising space in assigned territories. ❑ Managed a large shopping mall advertising project twice a year. 1985 - 1987 World Wide Products, Denver, Colorado Regional Manager for Colorado, Wyoming and Nebraska ❑ Responsible for managing a large sales force in three states. ❑ Responsible for sales and business training of the sales force. ❑ Responsible for internal training programs such as seminars and creation of a video training series. 1984 - 1985 Naples Daily News, Naples, FL Advertising Sales Representative ❑ Expanded sales territory ranking as a top sales representative ❑ Increased revenue by doubling advertising space in territories assigned. ❑ Developed special promotional marketing materials 1980 - 1982 First Federal Savings of Michigan, Detroit, MI Assistant Bank Branch Manager ❑ Responsible for all branch operations, including personnel management, cash balancing and security. ❑ Received training in banking procedures and operations, accounting, management, internal audits, sales and closing techniques. 3 Agenda Item Igo. 9B February 13, 2007 EXECUTIVE SUMMARY Page 1 of 9 APPOINTMENT OF MEMBER(S) TO THE RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on March 3, 2009, to the Radio Road Beautification Advisory Committee. CONSIDERATIONS: The Radio Road Beautification Advisory Committee has 1 term expiring on March 3, 2006. This 5- member committee was established on October 21, 1997 to aid and assist the Board of County Commissioners in carrying out the purposes of providing curbing, watering facilities, plantings and maintenance of the median areas as set forth in Ordinance No. 96 -84. This 5 member committee shall recommend work programs and priorities to the County Administrator or his designee. Members shall be permanent residents within the MSTU. After initial staggered terms, terms will be 4 years. A list of the current membership is included in the backup. Ms. Gloria S. Patterson moved from the district and no longer meets the criteria for appointment. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. David R. Clemens Resides within MSTU 14 J Yes I None Audrey C. Zaiser Does not meet Criteria 13 1 NO I None COMMITTEE RECOMMENDATION: David R. Clemens FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 13, 2007 Agenda i #em No. 0B F- esbruary 13. 2007 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: -'B Item Summary: Appointment of member to the Radio Road Beautification Advisory Committee. Meeting Date: AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 1!151200710:10:19 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1f25r2007 2:09 PM Commissioners Agenda Item No. 9B ebruary 13, 2007 Page 3 of 9 TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Tessie Sillery, Operations Coordinator DATE: January 25, 2007 SUBJECT: Radio Road Beautification MSTU Recommendation to the Board for filling vacant position. 0 The Radio Road Beautification MSTU has received and reviewed one application by the prescribed deadline for its vacancy. Applicant was evaluated based on the potential contribution to the Committee. The applicant meets the criteria required to be eligible for the committee and resides within the MSTU's district boundary. The Committee recommends the following applicant for appointment to the vacant term as indicated below: TYPE OF TERM FIELD OF EXPERTISE/CATEGORY NAME APPOINTMENT EXPIRES David R Clemens New March 3, 2009 Resident in Naples 5+ years. Presently employed at the Defense Contract Management Agency. Background - B.A. in Human Resource Management from USF with concentration in the psychological aspects of organization structure. Community Activities - Past president of River Pointe Marina Condominium Association. Past President of Briarwood resident committee and various offices within that committee. Please let me know you need any other information Transportation Services Division Alt. Transportation Modes Department Agenda Item No. 93 February 13, 2007 Faae 4 of 9 Radio Road Beautification Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Ms. Gloria S. Patterson 261 -1551 04/12/05 03/03/09 4 Years 741 Landover Circle, #103 A� 348-1363 Naples, FL 34104 12� F,Mail: glopat@myexpel.com District: 3 Category: The Shores @ Berkshire Mr. Dale L. Lewis 168 Oceans Boulevard Naples, FL 34104 E -Mail: adlewisl68 @juno.com District: 3 Category. Windjammer Village 05/02/00 03/03/04 643 -7369 01/13/04 03/03/08 Ms. Betty R- Schudel 01/13/04 6644 Vancouver Lane 352 -1212 Naples, FL 34104 E -Mail: District: 3 Category: The Shores @ Berkshire Lakes Mr. Wilfred Jaeger 139 Artic Way Naples, FL 34104 E Mail: District: 3 Category: Foxfire Ms. Helen Carella 5090 Coldstream Lane Naples, FL 34104 E -Mail: District: 3 Category: Briarwood 643 -5029 434 -2865 09/01/98 04/12/05 06/25/02 04/11/06 Tuesday, April 11, 2006 Page I of 2 03/03/08 03/03/01 03/03/09 03/03/06 03/03/10 4 Years 4 Years 4 Years 3 Years 4 Years 4 Years 4 Years C Agenda Item No. 9B �eb!-ua y 13. 2007 ?age 5 of 9 Radio Road Beautification Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndE.xpDate 2nd Term This 5 member committee was created on October 21, 1997, by Ordinance No. 97 -52 to aid and assist the Board of County Commissioners in carrying out the purposes of providing curbing, watering facilities, plantings and maintenance of the median areas as set forth in Ordinance No. 96-84. The committee shall recommend work programs and priorities to the County Administrator or his designee. Members shall be permanent residents within the MSTU. Terms are 4 years. FL STAT 125.01 Staff.• Liz DeLeon, Transportation Operations Coordinator. 417 -6081 r Tuesday, April 11, 2006 Page 2 of 2 t MEMORANDUM DATE: January 2, 2007 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Voter Registration - Advisory Board Appointments Agenda Item No. 9B February 13, 2007 ,iON 2 201 A it. 51 The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. RADIO ROAD BEAUT ADV COMM✓ COMMISSION DISTRICT U� David R. Clemens 5041 Sunbury Court Naples, FL 34104 Audrey C. Zaiser v 6643 Vancouver Lane Naples, FL 34104 Ile C, 11 1 r j( Thank you for your help. d4 ,�j' fi0 Agenda Item No. 9B February 13, 007 MEMORANDUM Paoe7of9 DATE: January 2, 2007 TO: Tessie Sillery, Transportation Operations FROM: Sue Filson, Executive Manage ' Board of County Commission RE: Radio Road Beautification Advisory Committee As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: David R. Clemens 5041 Sunbury Court Naples, FL 34104 Audrey C. Zaiser 6643 Vancouver Lane Naples, FL 34104 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time - frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments --V Advisory Board Application filson_s From: daveclemens @comcast.net Sent: Thursday, December 28, 2006 9:20 AM To: filson s Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Application was received on: 12/28/2006 9:19:32 AM. Name: Oavid R. Clemen Home Phone: 30435 -901 Home Address: 041 Sunbury Coi City: ale Zip Code: 4104 -4731 Phone Numbers Fax: ( Business: 39 -304 -260 e -Mail Address: veclemens(acomcast.ne Work Place: Ibefence Contract Management A en How long have you lived in Collier County: ®1 Have you ever been convicted of any offense against the law? Are you a registered voter in Collier County? ®e Board / Committee Applied for: Padio Road Beautification Adviso Category: Not indicate Do you currently hold public office? Do you currently or ever served on a Collier County Board or Committee? Page 1 of 1 Agenda Item No. 9B February 13, 2007 Page 8 of 9 'lease list your community activities: ?ast president of River Pointe Marina Condominium Association. Past President of Brairwooc Zesidents Committee and various offices within th4 committee. Education: 3A in Human Resource Management from USF with concentration in the psychological aspect: A organization structure. 12/28/2006 0 0 Board of County Commissioners EC�EIVED 3301 East Tamismi Trail G Naples, FL 34112 DEC 0 (239) 7748097 ` 11 of County Commissioners Fax: (239) 774 -3602 Application for Advisory Comm itteesBoards Agenda Item No. 9B February 13: 2007 Page 9 of 9 ALI Name: —, r - Ira- y C : Z,4 / S'e'e, $ome Phone: - a S� - 99 5 Z Home Address:-/-, LqJ V A/L,CDL 1 Qe ` Zip Code• -�a 5 11) 7 Fax No. �',� -S'`jS �- Business Phone: lL�►� e-mail address:_ vl`�ZC t., Place of- imployment: % „,p �+ Board or Committee Applied for:._— AAA :al � � �(� ,�t� �a Paz( Category (if applicable): Example: Commission District, Developer, eavieoamsat&&4 lay pew, etc How long have you lived in Collier County: Years/ Months Are you a registered voter in Collier County: Yes No_�� Do you currently hold public office? Yes No L� B so, wl a w+ -t«..v Have you ever been convicted of any offense against the Law? Yes No�_ If yes, ezpWn: Do you now serve, or have you ever served, on a Collier County board or committee? Yes No u yes. vlease list the committees/boards: _ Please list your community activities (civic dabs, neighborhood associations, etc. an positions held: di ,e_ .Z � L"I QLI d ,rte �Z'dt2 Ed cation: hAft Su yam Sei .ti J Glx,. &e i -01A T s,til"U���� Al 5 i ,2 % a 1 i g r /1 o !a P t $Tµ Experience: Please as -h any additiotwl info marion yo r fulpe�dr es,� 774is «ppGcatiew slsox/d k fo,+vo ded ro Srre . Fxeraubive Mosggo to &e B—d of C-osty Coontet mggrs, 33 ®1 East Tannsnr TYoi{ Ngples, PZ 31112. If.V” II" pk—fier y~ gpa..dasr to (239)77 3602 ae -mail to sutfilsor(a,coUiereor.nat T%WA yon for rohmiewty to sew the ckhow of Collie► Cornty. Agenda item No. 9C EXECUTIVE SUMMARY Febru� ge Page 11 APPOINTMENT OF MEMBER(S) TO THE LAKE TRAFFORD RESTORATION TASK FORCE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on April 23, 2010 to the Lake Trafford Restoration Task Force. CONSIDERATIONS: The Lake Trafford Restoration Task Force is a13- member task force created by Ordinance No. 2002 -18 on April 23, 2002 to develop and implement a restoration program to include identification of the best methods to remove and /or prevent an algae bloom in order to restore Lake Trafford to its unpolluted condition; to identify available funding sources to fund with the restoration project; and, to prepare written findings and recommendations to the Board of County Commissioners. Membership includes individuals representing the Audubon Society, the South Florida Water Management District, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection, the Big Cypress Basin, the Immokalee Chamber of Commerce, the Conservancy, environmental specialists, marine consultants, and private individual citizens from Immokalee with an interest in the preservation of Lake Trafford. Terms are 4 years. A list of the current membership is included in the backup. Jackie Smith, FDEP did not request reappointment and her teen expired on April 23, 2006. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. David Bishof Certified Professional Wetland 2 Yes None Scientist COMMITTEE RECOMMENDATION: No Recommendation — a memorandum was received from staff advising that Mr. Bishop does meet the criteria for appointment. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 13, 2007 Agen�a Itern No, 9C Pebruary 13. 2007 Page t of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9C Item Summary: F- ppo;ntrrem o` mem;,cr to the Lake 7 ra`iord Restoration ?asK Force. Meeting Date: 2.1'3/2C07 9.00 -0,, AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 1!f 91200710: 10:19 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managefs Office 2/1/2007 8:06 PM Agenda Item No. 9C �ebruary 13, 2007 ?age 3 of 11 Naples @i Marco Island Everglades MEMORANDUM TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Gail Hambright, Tourist Tax Coordinator DATE: January 29, 2007 SUBJECT: Lake Trafford Restoration Task Force The attached applicant is qualified to serve on the Lake Trafford Restoration Task Force. The Task Force has not met so there is no recommendation from the board. Convention & Visitors Bureau 3050 N. Horseshoe Drive #218, Naples, FI 34104 T (239) 403 -2384 • IF (239) 403 -2404 Web site www.class-W—florida.com Ur- - rP-)o - � o a� - rt Q t� J MLL Q A �o W w J a� a � AA d a N n O� W � W o U � A �o .o A Z-' w z � O U O ris o cn a �p z w o a Grp U o a� a � AA d a N n O� W � W o U � A C Lake Trafford Restoration Task Force Name Work Phone Appi'd Exp. Date Home Phone DateRe -appt 2ndExpDate Mr. Gary Holloway 3341000 06/20/06 P.O. Box 2162 633 -4069 Immokalee, FL 34142 E -Mail: gary.h @wallaceintltrucks.com District: 5 Category: Interested Citizen Ms. Patricia Anne Goodnight 657 -4434 06/20/06 803 Tippins Terrace 657 -3356 Immokalee, FL 34142 E -Mail: anneg @dlcmhc.com District. 5 Category: Interested Citizen Mr. Paul M. Rosofsky 10/24/06 5989 Ashford Lane 514 -3963 Naples, FL • 34110 E -Mail. dprosofsky @comcast.net District: 2 Category: Retired Mr. John M. IgIehart 332 -6975 05/07/96 10971 Hereford Drive 694 -1490 06/20/06 Ft. Myers, FL 33905 E -Mail. jon.iglehart@dep.state.fl.us District: 0 Category: Department of Environmental Protection Mr. Jon Fury 625 -5122 05/07/96 132 Pahnetto Rd., West 439 -0871 06/20/06 Lake Worth, FL 33467 E Mail: jon.fury@myFWC.com District: 0 Category: Florida Fish and Wildlife Conservation Commission Thursday, Odober 26, 2006 Page I of 4 04/23/10 04/23/10 04/23/10 05/07/97 04/23/10 05/07/97 04/23/10 Benda Item No. 9C February 13, 2007 Page 5 of 11 Term 2nd Term 4 Years 4 Years 4 Years 1 Year 4 Years 1 Year 4 Years M Agenda Item No. 9C February 13, 2007 Page 6 of 11 Lake Trafford Restoration Task Force Name Work Phone Appi'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Edward Olesky 6001 Lake Trafford Road Immokalee, FL 34142 E -Mail: District: 5 Category: Lake Trafford Marine, Inc. 657 -2401 06/20/97 05/07/98 657 -2401 06/20/06 04/23/10 Mr. Clarence S. Tears, Jr. 597 -1505 05/20/97 05/07/98 320 Lambton Lane 348 -1356 06/20/06 04/23/10 Naples, FL 34104 E-Mail: ctearsjr @sfwmd.gov District. 2 Category: South Florida Water Management District Mr. James Richard Bybee 370 33rd Avenue, N.W. Naples, FL 34120 E -Mail: bybeeflorida @aol.com District: 5 Category: Environmental Specialist Mr. Miles "Rocky" Scofield 38 Banyan Road Naples, FL 34108 E -Mail: mscofi5381@aol.com District: 4 Category: Scofield Marine Consulting Ms. Nicole Ryan 5501 Rattlesnake Hammock Road Naples, FL 34113 E- Mail: nicder @conservancy.org District: 1 Category: The Conservancy 595 - 2830 06/20/06 04/23/10 3045939 643 -0166 05/07/96 05/07/97 598 -3786 06/20/06 04/23/10 403 -4220 09/12/00 05/07/01 793 -4416 06/20/06 04/23/10 Thursday, October 26, 2006 Page 2 of 4 1 Year 4 Years I Year 4 Years 4 Years 1 Year 4 Years 1 Year 4 Years Agenda Item No. 9C ebrua�y 13, 21007 Paae 7 of 11 Lake Trafford Restoration Task Force Name Work Phone Appi'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term VACANT 04/23/10 ,FL E -Mail. District: Category: Mr. Fred N. Thomas, Jr. 1205 Orchid Avenue Immokalee, FL 34142 E -Mail: fntjr @aol.com District: 5 Category: Immokalee Chamber 657 -8181 05/07/96 05/07/97 657 -5447 06/20/06 04/23/10 Mr. Jim Coletta 774 -8097 11/14/00 06/26/04 3301 East Tamiami Trail 06/20/06 04/23/10 Naples, FL 34112 E Mail: jimcoletta @colliergov.net District: 5 Category: County Commissioner, District 5 �_, Thursday, October 26, 2006 Page 3 of 4 1 Year 4 Years 4 Years 4 Years Agenda Item No. 9C February 13, 2007 Page 8of11 Lake Trafford Restoration Task Force Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -Wt 2ndEzpDate 2nd Term This 14 member task force was established for a 1 year period on May 7, 1996, by Resolution No. 96-225 to serve as an advisory and oversight body for the Board of County Commissioners to the appropriate staff who will initiate activities to demuck and restore Lake Trafford. Resolution No. 97 -250 - extending terms for 1 year to May 7, 1998; Resolution No. 98 -118 - extending terms for 1 year to May 7, 1999; Resolution No. 99 -239 - extending terms for 1 year to May 7, 2000. On 4123/02 the Board adopted Ordinance 2002 -18 establishing this task force as a 13 member permanent committee. Terms are 4 years. FL STAT Staff: Gail Hambright, Tourism Department: 213 -2966 7;uW-emu: A . ;::.< :, ; _,,: ,. .? " Thursday, October 26, 2006 Page 4 of 4 MEMORANDUM DATE: January 2, 2007 TO: Elections Office FROM: Sue Filson, Executive Manager ,1 Board of County Commissioners RE: Voter Registration - Advisory Board Appointments Agenda !ten No. 9C February 13. 2007 030° 9 of II jas 2 -20'()'t aM1t?•51 The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. LAKE TRAFFORD TASK FORCE David Bishof 9672 Litchfield Lane Naples, FL 34109 Thank you for your help. COMMISSION DISTRICT (� v 0 Agenda Item No. 9C February 13, 2007 MEMORANDUM Page 10 of 11 DATE: January 2, 2007 TO: Gail Hambright, Tourism Departniont FROM: Sue Filson, Executive Manager , Board of County Commissioners RE: Lake Trafford Restoration Task Force As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: David Bishof 9672 Litchfield Lane Naples, FL 34109 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments Advisory Board Application 0 • • filson_s From: dbishof @cte.cc Sent: Friday, December 15, 2006 9:39 AM To: filson_s Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Application was received on: 12/15/2006 9:38:33 AM. Name: lbavid Bisho Home Phone: 39- 566 -1251 Home Address: 672 Litchfield Lan City: WaDle Zip Code: ff4l Phone Numbers Fax: 39- 947 -1323 Business: 39- 947 -026 e -Mail Address: bishof cte -c Work Place: onsul -Tech Development Service How long have you lived in Collier County: Have you ever been convicted of any offense against the law? Are you a registered voter in Collier County? Board / Committee Applied for: ake Traffor Category: Not indicate Do you currently hold public offfice? Do you currently or ever served on a Collier County Board or Committee? Page 1 of 1 Ancenda Item No. 9C rebruary 13, 2007 Page 11 of 11 'lease list your community activities: Southwest Florida Association of Environmental Professionals, member Calousa chapter of the Sierria Club, member Society of Wetland Scientist, Certified Profesional Wetland Scientist Education: S in Marine Science BS in BiologyJ 12/15/2006 Aaenda Item No. 9D February 13, 2007 Page 1 of 3 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING SUPPORT FOR THE STATE LEGISLATORS' EFFORTS REGARDING STATE INSURANCE REFORM WHEREAS, in an e-mail dated November 2, 2006, and during our pre - legislative workshop on November 8, 2006, the Board of County Commissioners expressed its concern with the insurance crisis in the State of Florida and suggested some fundamental changes; and WHEREAS, on January 23, 2007, the Board of County Commissioners reviewed the efforts being made by the State Legislature in addressing the insurance crisis; and WHEREAS, the Board of County Commissioners found that the Insurance crisis directly affects Collier County residents and all citizens of the State of Florida; and WHEREAS, the Board of County Commissioners is concerned that private insurance companies are not adequately evaluating and allocating Florida's specific risks with other states throughout the nation insured by the parent companies; and WHEREAS, the Board of County Commissioners supports consumer choice in the selection of insured value and deductibles for hurricane coverage; WHEREAS, the Board of County Commissioners applauds the first step of the State legislature in allowing insureds to exclude windstorm coverage from their policies if the mortgage company also approves. The new legislation also provides that consumers may increase deductibles, also with the approval of the mortgage company. Finally, consumers will also be able to exclude contents insurance and thereby lower their premiums. WHEREAS, the Board of County Commissioners supports requiring the "hardening" of structures by upgrading building codes. The new legislation requires insurance companies to offer discounts to citizens who strengthen their homes; and WHEREAS, the Board of County Commissioners finds that Citizens Property Insurance must be reviewed and should offer rates competitive with private insurance companies; and WHEREAS, the Board of County Commissioners applauds new legislation reducing Citizens Property Insurance rates, however the Board of County Commissioners encourages further overhaul of Citizens Property Insurance; and WHEREAS, the Board of County Commissioners supports efforts to create a national wind insurance program similar to the National Flood Insurance Program; and WHEREAS, the Board of County Commissioners strongly opposes any change to the catastrophic cap or re- insurance program which transfers risk from the insurance companies to Florida property owners; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County Commissioners strongly supports insurance reform that will result in immediate rate reductions and consumer choice for all Florida property owners. The Board of County Commissioners applauds the State legislature in efforts to reform insurance in Florida and encourages the legislature to continue its efforts in addressing these specific items of concern to all Florida citizens. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legal sufficiency: Colleen M. Greene Assistant County Attorney 07- 90C-0029M 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James Coletta, CHAIRMAN A A nda Item ND. 5D February 13, 2007 Pape 2 of 3 lenda Iteri-I rJo. S3D February 13, 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9D Item Summary: H. resolution of the E3oard of County Commissioners I.Dlher County, of Flonda, eseolishing surporf for the Stale Leglsiators' efforts reaard,ng state insurance retorm. (Commissioner Coyle) Meeting Date: 9.00 00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office V19.12007 10:10:19 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1!2912007 5:07 PM Agenda Item No, 10A February 13, 2007 EXECUTIVE SUMMARY Page 1 of 25 Recommendation to approve a Developers Contribution Agreement (DCA) between Benderson, Westport and Davis Crossing (The Developers) and Collier County to obtain right -of -way, easements drainage commitments and advanced funding for the future expansion of Davis Boulevard. OBJECTIVE: To obtain BCC approval of the DCA to acquire right -of -way, an easement, water management and advanced funding for the expansion of Davis Boulevard from Radio Road to Collier Boulevard "The Project ". This agreement would be in accordance with the overall objectives of the Collier County MPO 2030 Long Range Transportation Plan adopted on January 12, 2006. CONSIDERATIONS: Improvements to Davis Boulevard have been recognized as the highest priority by the Collier County MPO since 1999. The roadway currently operates at LOS "F" and the intersection of Collier Boulevard and Davis Boulevard is recognized as a critical intersection. This project is funded for design only, with a pending commitment from FDOT for a 20 million dollar advancement reimbursement for construction if the County can secure the necessary right -of -way, funding and water management in advancement of construction. This agreement and companion items Alligator Alley PUDZA AR# 6417 as well as the Mystique DCA are critical to securing the 20 million dollar funding from FDOT. The Developers have also agreed to provide a drainage easement at no cost to the County to facilitate access to the proposed pond site on the Mystique property. They have also donated and reserved right of way necessary to finalize the right of way needs for the project. The easement, donation and reservations are shown in exhibit "C ". The value for the reservation is consistent with the lower valuation as outlined in the attached appraisal memo. The Developers have also agreed to prepay their roadway impact fees in the amount of $1,581,660 and to the withholding of certificates of occupancy for 120,000 square feet of retail space until December 31, 2009 or the Project is substantially complete. It should also be noted that without area 5 as shown on exhibit "C ", The County /FDOT would be forced to acquire right of way from the existing gas station which has been estimated conservatively at 5 to 7 million dollars in damages and purchase. This agreement has been initiated by the County to expedite the Project and has not been proposed by the Developers. FISCAL IMPACT: A budget amendment is needed to recognize funds in the amount of $1,581,660 to be received from the developer for roadway impact fees and will be deposited into the Davis Boulevard Widening Project within the Road Impact Fee District 2 Fund (336). The agreement would allow for the purchase of 59,599 square feet of property at the fixed price of $15.72 a square foot for a total purchase price of $936,896 and will be paid from the Road Impact Fee District 2 Fund (336) at a later date. The savings compared to the purchase of the gas station parcel is several million dollars. GROWTH MANAGEMENT: This Developers Contribution Agreement would be consistent with the goals and objectives of the Collier County MPO 2030 Long Range Transportation Plan adopted January 12, 2006, (incorporated into the Collier County Growth Management Plan), and the Transportation Element of the GMP. RECOMMENDATION: That the Board of Commissioners approves this DCA between the Developers and Collier County to obtain the right -of -way, an easement and water management necessary to finalize the commitment from FDOT for the advancement Agenda Item No. 10A Fe5ruary 13, 2007 reimbursement agreement for 20 million dollars and approve the necessary budkae 2 of 25 amendment. Prepared by: Nick Casalanguida, Planning Manager, Transportation Services Division Attachments: 1) The Developers Contribution Agreement; 2) Appraisal Memo; 3) Project Locus Map; 4) Exhibits A; 5)Exhibits B; 6) Exhibits C; 7) Exhibit D; 8) Exhibit E Agenda Item No 10A Fenwilry 13, 2007 Paw 3 of 25 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: ILA Item Summary: This item to ba heart at 1 05 p m. This item was connnued from the Janua 112. 2007 BCC Meeting_ RecornmendahOr to approve a Developers Convibutior Agreement IDCAi between Benderson_ N�estport and Davis Crossing {The Developers, and Collier County to obtain right -ot -way. easements drainage (,ommiiments and advanced funding for the future eq)ansicr of Daws Boulevard (Norman Fetter, Administrator_ I ransportatiun Serviced (Companion item tc BB and 10B) Meeting Date: 2/13/2007 9,00 00 .AM Approved By Nick Casalanguida Protect Manager Date Transportation Services Transportation Planning 1129/2007 10:03 AM Approved By Donald L. Scott Transportation Planning Director Date Transportation Services I ransportation Planning 1/29/2007 10:08 AM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Adminstrator Community Development & Community Development & Environmental Services Environmental Services Admin. 112912007 10:45 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1/2912007 11:57 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin, 112912007 1:51 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 112912007 4:02 PM Approved By Michael J. DeRuntz Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review 113012007 1:37 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/30!2007 1:57 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/31/2007 7:51 AM .Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 212/2007 10:13 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 215. 12007 2:46 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/512007 7:19 PM Aoenda Item No. 10A February 13. 2007 Page 4 of 25 �LLI�,1 Memorandum U I To: Nick Casalanguida, Planning Manager From: Harry Henderson, SRA, Review Appraiser TE /CM, Right of Way Date: January 3, 2007 Subject: Valuation Analysis, Davis Crossings /Market Center DCAs I have been asked to evaluate 5 parcels needed for Davis Boulevard roadway improvements which are currently part of the Davis Crossings and Market Center Commercial PUDs. The acquisition of these parcels is currently being negotiated as part of the DCAs associated with the approval of these projects. All of the identified parcels are portions of multi -acre commercial sites, none involve impacts to outparcels. The various parcels involve takes of 668sf, 6,235sf, 31 226sf, 33,11lsf, 21,470sf. The current status of the parent tracts is raw/unimproved land. The parcels are valued based upon a review of recent sales involving similar commercial sites in the area. These sales are briefly described as follows: 1. SEC of Pine Ridge Rd/Napa Blvd. Sold 5/06 for $6,300,000 Size: 7.63 acres Reflects: $18.96/sf 2. NEC of Radio Rd /Livingston Rd. Sold 11105 for $13,525,000 Size: 15.97 acres Reflects: $19.44/sf 3. SWC of Pine Ridge Rd/Whippoorwill Lane Sold 71/05 for $9,500,000 Size: 15.54 acres Reflects: $14.03 /sf These sales show a unit prices ranging from $14.03 /sf to $19.44/sf, given differences in specific location, differences in entitlement status, size factor differences as well as time /market changes a unit price of $16.00 /sf is judged to be most reasonable for the various subject lands at this time. Thus- 668 sf x $16 /sf = $10,700 (rounded) 6235 sf x $16 /sf = $99,800 (rounded) 31,226 sf x $16 /sf = 5500,000 (rounded) 21,470 sf x $16 /sf = $343,500 (rounded) Aggregate Value of lands to be acquired: $954.000 HH Transportation Division TE /CM r , • i. �� "` ' j ,r �,mr,�..•. mow. , ,« �. --.�. " � h F 7 _��e�5 �' "t" •r'rz il' 'i f . 'i � � �• i i�::ue , n '+uk. :•�. id�te. f w 71 It- k L,•�.IYIKLr..b so won 0 so "Ut IRA on •a Y COMM CENTER ire � � '� 4 ,� S x �A 1 � 'aw ° ¢ !u: ;{ �"a1. `'`a �;✓!. y t Ae WO S a P � v' e " n' a Aaenda Item Nn. 1OA February 13,. 2007 Page 6 of 25 DEVELOPER AGREEMENT DAVIS BOULEVARD PROJECTS THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this of , 2007, by and between Ronald Benderson and David H. Baldauf, as Trustee Under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust, whose address is 8441 Cooper Creek Boulevard, University Park, Florida 34201; WR -I Associates, Ltd., a Florida limited partnership, whose address is 8441 Cooper Creek Boulevard, University Park, Florida 34201 (collectively referred to as "Benderson ") and Ronald Benderson 1995 Trust, WR -I Associates, a Florida limited partnership, whose address is 8441 Cooper Creek Boulevard, University Park, Florida 34201, and Market Center Association, Inc., a Florida not for profit corporation, its successors and/or assigns whose address is 8441 Cooper Creek Boulevard, University Park, Florida 34201 (referred to as "Westport") and DAVIS CROSSINGS, LLC; DAVIS CROSSINGS II, LLC; DAVIS CROSSINGS III, LLC; DAVIS CROSSINGS IV, LLC; DAVIS CROSSINGS V, LLC; DAVIS CROSSINGS VI, LLC; DAVIS CROSSINGS VII, LLC; DAVIS CROSSINGS VIII, LLC, all of which are Florida limited liability companies, whose address is 8441 Cooper Creek Blvd., University Park, Florida 34201 (collectively referred to as "Davis Crossings ") (Benderson, Westport and Davis Crossings shall hereinafter collectively be referred to as "Developers "), and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County "). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended. RECITALS: WHEREAS, Benderson is the owner of certain developed undeveloped lands laying adjacent to Davis Boulevard/State Road 84 within the unincorporated area of Collier County, Florida which is zoned Planned Unit Development ( "PUD "), more specifically I -75 /Alligator Alley PUD, which PUD is proposed to be amended by Petition No. PUDZ- 2004 -AR -6417 and its related pending Site Development Plan Application No. SDP -AR -4171. A legal description and sketch of lands in this PUD are attached as Exhibit A; and WHEREAS, should Petition No. PUDZ- 2004 -AR -6417 be granted, the 1 -75 /Alligator Alley PUD will be amended. Benderson will need an additional Certificate of Adequate Public Facilities for transportation concurrency purposes for an additional 135,000 gross leasable square feet of retail space, resulting in this PUD at build -out to contain a total of approximately 265,000 gross leaseable square feet of retail /office space; and WHEREAS, to obtain this Certificate, Benderson is willing to prepay to the County 100% of the current Road Impact Fees for this additional space in the anticipated sum of S1,581,660; and WHEREAS, Davis Crossings is the owner of a PUD located adjacent to Davis Boulevard/State Road 84 within the unincorporated area of Collier County, Florida, known as the I -75 /Collier Boulevard Commercial Center PUD. A legal description and sketch of lands in this PUD is attached as Exhibit B; and Agenda Item No. 10A February 13, 2007 Page 7 of 25 WHEREAS, Westport is the owner of parcels of land within the Westport Commerce Center MUPUD which County desires to use to expand Davis Boulevard and land upon which the County desires a drainage easement and Westport is willing to reserve it for future conveyance, in the approximate location show in Exhibit C; and WHEREAS, in connection with widening Davis Boulevard to six lanes Benderson estimates that it can accept within the I -75 /Alligator Alley PUD stormwater management system stormwater runoff from Davis Boulevard for approximately 1.0 acre of proposed road right -of- way; and WHEREAS, Davis Crossings is willing to reserve for future conveyance to the County a strip of property located within the PUD which is required for the future expansion of Davis Boulevard in the approximate location shown in Exhibit C; and WHEREAS, Benderson, Westport and Davis Crossings acknowledge and represent to Collier County that consideration granted to one is consideration granted to all developer parties; and WHEREAS, Developers wish to enter into this Agreement, which grants Benderson vested concurrency rights, and County wishes to enter into this Agreement in order to facilitate the widening of Davis Blvd; and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the conveyance set forth in this Agreement (hereinafter referred to as the "Proposed Plan ") is in conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds and reaffirms that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth- necessitated capital improvements and additions to the County's transportation system; C. The Proposed Plan is consistent with both the public interest and with the comprehensive plan, including the most recently adopted five -year capital improvement program for the County's transportation system, the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance; and d. Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00) application fee for this Agreement. Page 2 of 12 Aaenua Item No, 10A February 13, 2007 Page 8 of 25 WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Subject to applicable Federal, State and local governmental approvals, Benderson will provide County stormwater management outfall within the I -75 /Alligator Alley PUD for the Davis Boulevard Drainage. The Alligator Alley stormwater management system (the "System ") shall be designed to treat surface water to specified water quality standards pursuant to all governmental permits and approvals for the I -75 /Alligator Alley PUD. The County agrees, subject to Florida Statutes Section 768.28, that any surface water entering the System from the Davis Boulevard Drainage will be capable of treatment to the specified water quality standards pursuant to all governmental permits and approvals for the Development without modification(s) to the System, and that surface water discharged into the System will comply with the requirements of the County -wide National Pollution Control Discharge Elimination System Permit (and any successor permit applicable thereto), if applicable. The maximum volume of water that will be accepted into the System from the Davis Boulevard drainage is limited to the amount required to drain one acre of the proposed Davis Boulevard right -of -way. 3. Westport shall grant drainage easements (the Drainage Easements) at no expense to the County and Westport and Davis Crossings shall reserve for future conveyance to the County right -of -way for the expansion of Davis Boulevard in the approximate locations shown in the attached Exhibit C (the "Subject Parcels "), the exact legal description of which is to be later determined by the County. The Subject Parcels will be conveyed no later than December 15, 2007, at the fixed rate of $15.72 per square foot multiplied by the square footage of the land conveyed. Westport and Davis Crossings shall convey the Subject Parcels to the County in fee simple, free and clear of all liens and encumbrances (excepting those certain conservation easements identified in Plat Book 41, Pages 60 and 61; OR Book 4098, Page 2160; OR Book 3270, Page 1801; and a Landscape Easement identified as landscape tract L -2 in Plat Book 41, Pages 60 and 61, collectively referred to herein as the "Exceptions ") made by an executed Warranty Deed provided to the Office of the County Attorney, suitable for recording, the general form of which is attached hereto as Exhibit E. County will pay the costs of any title work and searches, and Westport and Davis Crossings shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work, excepting the Exceptions, which County will be responsible for clearing and mitigating. Developer shall fully cooperate with County and utilize all due diligence in helping County clear and mitigate the Exceptions. Upon receipt, the County shall record the Warranty Deed in the Public Records of the County. Except as set forth herein, all costs of recording and conveyance shall be paid by Westport and Davis Crossings. With respect to this provision, time is of the essence. It is acknowledged that Westport and Davis Crossings' failure to promptly convey the parcel to County, as set forth herein shall result in actual damages to County. In that actual damages are difficult to ascertain with substantial certainty, the parties agree that Westport and Davis Page 3 of 12 Agenda Item No. i0A February 13, 2007 Page 9 of 25 Crossings shall pay to County as liquidated damages the sum of $1,000 per day for each day past the deadline that the Warranty Deed is not delivered to County. Such liquidated damages will be paid in place of County's claims for actual damages. All provisions of this Agreement shall survive closing and be enforceable by the County and Westport and Davis Crossings and their successors and assigns. It is anticipated that absent this conveyance, the Subject Parcels would be scheduled for condemnation as part of the FDOT design and acquisition for the Davis Blvd improvements. Since the Subject Parcels are being acquired for public use, in lieu of future condemnation, it is expressly agreed that the provisions of LDC § 1.04.04.13 (Ordinance No. 2006 -07), a copy of which is attached hereto and incorporated by reference as Exhibit "D" shall apply to these two developments. Accordingly, nothing in the Westport and Davis Crossings PUD projects shall be deemed nonconforming or in violation of any Collier County requirements as a result of these easement grants and conveyances in lieu of condemnation. 4. If requested by the county attorney, the Developers shall provide to the county attorney, at no cost to the county, an attorney's opinion identifying the record owner, his authority to enter into this Agreement and identify any lien holders having a lien or encumbrance on the Subject Parcel. Said opinion shall specifically describe each of the recorded instruments under which the record owner holds title, each lien or encumbrance, and cite appropriate recording information and incorporate by reference a copy of all such referenced instruments. 5. Within 30 days final approval of PUD Amendment, Petition No. PUDZ- 2004 -AR- 6417 and the expiration of all applicable appeal periods to challenge the zoning approval with no appeal having been filed, Benderson shall prepay to County 100% of the County's estimated Road Impact Fees for 135,000 gross leaseable square feet of retail space in the anticipated amount of $1,581,660. Upon payment of these fees, Benderson shall receive a corresponding Certificate of Adequate Public Facilities ( "Certificate "). For the purposes of meeting the County's Transportation Concurrency requirements, the I -75 /Alligator Alley PUD will be vested for 265,000 gross leaseable square feet of retail /office commercial space. Final calculation of the remaining road and other impact fees due will be based on the impact fee schedule in effect at the time of the issuance of building permits. The Certificates will run continuously with the land in perpetuity after all estimated transportation impact fees have been paid. As building permits are drawn down on the entitlements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization. If the estimated transportation impact fee account becomes depleted, Benderson shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build -out of the Development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may, at Benderson's election (1) be transferred to another approved project within the same, or adjacent transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the Certificate is modified to delete those entitlements, or (2) be promptly returned to Benderson. It is expressly understood that the prepaid Road Impact Fees will be utilized in the order in which the Building Permits are reviewed by Collier County's Impact Fee Administrator, irrespective of whether Benderson assigns all or part of the Development. 6. The 1 -75 /Alligator Alley PUD will show an interconnection on the west side, which shall be determined at final Site Development Plan. Page 4of12 Agenda Item NO. 10A v February 13. 2007 Page 10 Of 25 7. Benderson agrees that in order to assist with the congestion on Davis Blvd., that with respect to the final 120,000 leaseable square feet of retail, /office commercial space for the I- 75 /Alligator Alley PUD, no certificates of occupancy will issue until the earlier of December 31, 2009, or until the first phase of the Davis Blvd. improvement project from Collier Blvd. to Radio Road is deemed by the County to be substantially completed. 8. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 9. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving written notice to the County, Developers may assign all or part of the Road Impact Fee Credits, utilizing the County's then current form of assignment, to successor owners of all of part of the Development, or as otherwise provided for in the Collier County Consolidated Impact Fee Ordinance. 10. Developers acknowledge that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or its successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 11. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 12. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To Countv: Harmon Turner Building Naples, Florida 34112 Attn: Norman E. Feder, A.LC.P. Transportation Division Administrator Phone: (239) 774 -8872 Facsimile: (239) 774 -9370 To Developers: 8441 Cooper Creek Boulevard University Park, Florida 34201 Phone: (941) 359 -8303 Facsimile: (941) 359 -1836 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 13. Developers shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Page 5 of 12 Agenda Item Flo, 10A February 13; 2007 Page 11 of 25 Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developers shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 14. In the event of a dispute under this Agreement, the parties shall first use the County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 15. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. 16. This Agreement is contingent on and shall not become effective until final approval of PUD Amendment, Petition No. PUDZ- 2004 -AR -6417 and the expiration of all applicable appeal periods to challenge the zoning approval with no appeal having been filed. If an appeal is filed by a third party, then on written notice, any party may terminate this Agreement. During this contingency period, County shall reserve for the Developments sufficient capacity on the County's transportation network for 265,000 gross leaseable square feet of retail /office commercial space and 147,000 gross leaseable square feet of retail /office commercial space for each of the respective Developments. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES TO FOLLOW Page 6 of 12 Agenda item No. 10A Februa(y 13. 2007 Pane 1.2 of 25 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA In AS TO DEVELOPER: WITNESSES: Print Name: Print Name: , Deputy Clerk STATE OF FLORIDA COUNTY OF MANATEE WE JIM COLETTA, CHAIRMAN David H. Baldauf, as Trustee Under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust The foregoing instrument was acknowledged before me this , day of 2007 by David H. Baldauf, as Trustee Under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust, who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No. Page 7 of 12 2007. Expiration Date WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MANATEE Agenda Item No. 10.A February 13, 2007 Page 13 of 25 WR -I ASSOCIATES, LTD. By: BG The Village, LLC, General Partner David H. Baldauf, as Manager The foregoing instrument was acknowledged before me this , day of 2007 by David H. Baldauf, as Manager of BG the Village, LLC, General Partner of WR -I ASSOCIATES, LTD., who is personally _ known to me or has produced as identification. WITNESS my hand and official seal this day of , 2007. Notary Public NOTARY RUBBER STAMP SEAL — OR EMBOSSED SEAL Printed Name Commission No. Page8of12 Expiration Date WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MANATEE Aaenda Item f�!o. 10A v �ebrua�ry i3, 20 6, 7 Page 14 of 25 DAVIS CROSSINGS, LLC DAVIS CROSSINGS II, LLC DAVIS CROSSINGS III, LLC DAVIS CROSSINGS IV, LLC DAVIS CROSSINGS V, LLC DAVIS CROSSINGS VI, LLC DAVIS CROSSINGS VII, LLC DAVIS CROSSINGS VIII, LLC David H. Baldauf, Manager The foregoing instrument was acknowledged before me this day of 2007 by David H. Baldauf, as Manager of DAVIS CROSSINGS, LLC; DAVIS CROSSINGS II, LLC; DAVIS CROSSINGS III, LLC; DAVIS CROSSINGS IV, LLC; DAVIS CROSSINGS V, LLC; DAVIS CROSSINGS VI, LLC; DAVIS CROSSINGS VII, LLC; DAVIS CROSSINGS VIII, LLC, who is personally _ known to me or has produced as identification. WITNESS my hand and official seal this day of , 2007. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No Page 9 of 12 Expiration Date WITNESSES: Print Name: Print Name: Agenda Item No. 10A February 13, 2007 Page 15 of 25 RONALD BENDERSON 1995 TRUST. Name: Title: STATE OF FLORIDA COUNTY OF MANATEE The foregoing instrument was acknowledged before me this day of 2007 by David H. Baldauf, as Trustee Under a Trust Agreement dated , known as the RONALD BENDERSON 1995 TRUST, on behalf of the Trust, who is personally _ known to me or has produced as identification. WITNESS my hand and official seal this day of , 2007. Notary Public NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name Commission No. Expiration Date Page 10 of 12 WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MANATEE Aaenda Item No. 10A February 13; 2007 Page 16 of 25 MARKET CENTER ASSOCIATION, INC. IN Name: Title: The foregoing instrument was acknowledged before me this day of 2007 by as of MARKET CENTER ASSOCIATION, INC., a Florida not for profit corporation (the "Corporation "), on behalf of the Corporation, who is personally — known to me or has produced as identification. WITNESS my hand and official seal this day of 12007. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Managing Assistant County Attorney Notary Public Printed Name Commission No. Page 1 I of 12 Expiration Date Agenda Item No. 10A February 13, 2007 Page 17 of 25 SCHEDULE OF EXHIBITS EXHIBIT A - Legal description and sketch of lands of Benderson's Development. EXHIBIT B - Legal description and location map of Davis Crossings' Development. (I -75 /Collier Boulevard Commercial Center PUD) and the Westport Commerce Center MUPUD. EXHIBIT C Sketch of Approximate Future Right -of -Way South of Davis Boulevard. EXHIBIT D Form of Warranty Deed Page 12 of 12 HOLE MONIES EWAIEMS • RAWM - WW NM LANDSCAPE AFl0llTWW 950 Encore Way • Naples, Florida 34110 • Phone: 2392542000 • Fax: 2392542099 LEGAL DESCRIPTION: Acienue Item No. 1OA r e'urua�y 13. 2007 Page 18 of 25 HM PROJECT #2002012 8/'2/2005 REF. DWG. #13-5586 Page 1 of 1 EXHIBIT A -2 ALL OF LOTS 3,4 & 5 AND TRACT A AND PORTIONS OF LOTS 2 & 6 AND TRACT R OF 951 COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17 AT PAGES 1 THROUGH 2 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN A PORTION OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 3,951 COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17 AT PAGES 1 THROUGH 2 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.00°26' 16 "W., ALONG THE WEST BOUNDARY OF SAID 951 COMMERCE CENTER FOR A DISTANCE OF 1,114.08 FEET TO THE NORTHWEST CORNER OF LOT 5, OF SAID 951 COMMERCE CENTER; THENCE RUN 5.89 °46' 14 "E.. ALONG THE NORTHERLY BOUNDARY OF LOT 5 AND LOT 6 OF SAID 951 COMMERCE CENTER FOR A DISTANCE OF 990.72 FEET; THENCE RUN 5.23 °1TI 0"E., ALONG THE BOUNDARY OF SAID LOT 6 FOR A DISTANCE OF 68.01 FEET; THENCE RUN S.00°32' 14'T? , ALONG THE BOUNDARY OF SAID LOT 6 FOR A DISTANCE OF 254.44 FEET TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN PARCEL, AS DESCRIBED AT O.R. BOOK 3643 AT PAGES 3528 -3531, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°46' 14 "W., ALONG THE SAID NORTHERLY LINE OF THAT CERTAIN PARCEL AS DESCRIBED AT O.R. BOOK 3643 AT PAGES 3528 -3531, FOR A DISTANCE OF 178.72 FEET TO A POINT ON THE EASTERLY R-O-W LINE OF BEDZEL CIRCLE, TRACT R OF SAID 951 COMMERCE CENTER; THENCE RUN S.00 °13'46 "W., ALONG THE SAID EASTERLY R-O-W LINE OF SAID BEDZEL CIRCLE, TRACT R, FOR A DISTANCE OF 84.61 FEET; THENCE RUN N.89 °46' 14"W, FOR A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY R-O-W LINE OF SAID BEDZEL CIRCLE, TRACT R; THENCE RUN S.OD° 13'46"W., ALONG THE WESTERLY R-O-W LINE OF SAID BEDZEL CIRCLE, TRACT R FOR A DISTANCE OF 322.61 FEET TO A OINT ON A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY ALONG THE R -O-W LINE OF SAID BEDZEL CIRCLE, TRACT R AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 65.00 FEET THROUGH A CENTRAL ANGLE OF 90°00'00", SUBTENDED BY A CHORD OF 91.92 FEET AT A BEARING OF S.45 °13'46"W., FOR A DISTANCE OF 102.10 FEET TO THE END OF SAID CURVE; THENCE RUN N. 89 °46' 14"W., ALONG THE NORTHERLY RO- W LINE OF SAID BEDZEL CIRCLE, TRACT R FOR A DISTANCE OF 285.00 FEET; THENCE RUN S.00°32' 14"E., FOR A DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL AS DESCRIBED AT O.R. BOOK 2559, PAGE 1831 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE 5.00°32' 14 "E, ALONG THE WESTERLY BOUNDARY OF THAT CERTAIN PARCEL AS DESCRIBED AT O.R. BOOK 2559, PAGE 1831 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOR A DISTANCE OF 265.03 FEET TO A POINT ON THE SOUTHERLY SAI BOUNDARY OMMERCE 510ENTER FOR A DISTANCE OF 423 92 FEET TO THE OM OF BEGINNINSOUTHERLY ;; NTAINING 19-049 F ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTH LINE OF 951 COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17 AT PAGES 1 THROUGH 2 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89 °46' 14 "W. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY Ste! -� P.S.M. #5628 THOMAS M. MUU H� STATE OF FLORIDA Naples • Fat Myers • W"ce < r-- Ln CD CIA po -0-0 = a) (D LL N r- .90"i7LL L m AL C47.00 " 0� Z ZIPZZ 0- PL I o C4 O Z 0 p CL rx L) V) W C) LAJ Z (L L) 0 F- M w SC 14 V) fit NO.! "Q4 LLS 0 0:A0:9 In "& Cq a 114 t 0 c L6 Z Cl. I z ON Aaenda ktem Igo. 1 CA February 13. 2007 Page 20 of 25 EXHIBIT "B" 1 -75 /COLLIER BOULEVARD COMMERCIAL CENTER PUD LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING PART OF TRACT 1, GATOR GATE, AS RECORDED IN PLAT BOOK 7, PAGE 2, PUBLIC RECORDS OF SAID COLLIER COUNTY, AND A PART OF TRACT 2, GATOR GATE, UNIT 2, AS RECORDED IN PLAT BOOK 7, PAGE 54, OF SAID PUBLIC RECORDS BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 3; THENCE S00°28'36W ALONG THE WEST LINE OF SAID FRACTION FOR 50.00 FEET TO THE SOUTH RIGHT -OF -WAY LINE OF STATE ROAD 84; THENCE S89 042'19 "E ALONG SAID SOUTH LINE FOR 200.00 FEET TO THE POINT OF BEGINNING; THENCE S00028'36'W ALONG A LINE PARALLEL WITH AND 200.00 FEET EAST OF (AS MEASURED ON A PERPENDICULAR) SAID WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER FOR 900.00 FEET; THENCE S89 042'19 0E ALONG A LINE PARALLEL WITH AND 900.00 FEET SOUTH OF (AS MEASURED ON A PERPENDICULAR) SAID SOUTH RIGHT -OF -WAY LINE OF STATE ROAD 84 FOR 1012.98 FEET TO THE WEST RIGHT -OF -WAY LINE OF COUNTY ROAD 951; THENCE N00 050'42 "E ALONG SAID WEST RIGHT-OF-WAY LINE FOR 500.04 FEET TO A POINT OF INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 905.71 FEET AND TO WHICH POINT A RADIAL LINE BEARS N63 °40'35"E; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36 °12'47" FOR 572.44 FEET TO SAID SOUTH RIGHT -OF -WAY LINE OF STATE ROAD 84; THENCE N89042'19"W ALONG SAID SOUTH RIGHT -OF -WAY LINE FOR 618.76 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 19.54 ACRES, MORE OR LESS. ASSUMED NORTH BASED ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST AS BEARING N89 °42'19"W. Agenda Item No. 10A February 13, 2007 EXHIBIT "B" Page 21 of 25 WESTPORT COMMERCE CENTER MUPUD LEGAL DESCRIPTION Westport, being approximately 97.0 acres, is logally described as follows: PARCEL A A portion of Tract I, Gator Gate, as recorded in Plat Book 7, page 2 of the Public Records of Collier County, Florida; and a portion of Tract 2, Gator Gate Unit 2, as recorded in Plat Book 7, page 54 of the Public Records of said County; and a portion of the Northeast Quarter of Section 3, Township 50 South, Range 26 East, Collier County Florida, all being more particularly described as follows: Commence at the East Quarter corner of said Section 3; thence S. 89'20'05'"W., 100.04 feet along the South boundary of said Northeast Quarter to the West right-of-way line of County Road No. C -951, according to State Road Department Right -of -Way Map Section 03510 -2602, and the POINT OF BEGINNING; thence continue S. 89'20105"W.. 1201.06 feet to the Southwest corner of the East Half of the Northeast Quarter of said Section 3; thence N.00'29'21" E., 2456.56 feet along the West boundary of said East Half of the Northeast Quarter, thence N. 89 °42'03" W., 400.00 feet, parallel with the North boundary of the Northeast Quarter of said Section 3; thence N.00'29'21" E.. 300.00 feet to the South right -of -way line of State Road No. 84 (Davis Boulevard) per State Road Department Right -of -Way Map Section 03506 -2601; thence S.89'42'03" E., 600.00 feet along said right -of -way lino; thence S. 00'29'21" W., 900.00 feet, parallel with the West boundary of the East Half of the Northeast Quarter of said Section 3; thence S. 89'42'03" E., 1012.86 feet, parallel with the North boundary of the Northeast Quarter of said Section 3, to the West right -of -way line of said County Road No. C-951; thence S. 00'51'53" W., 1836.42 feet along said right -of -way line to the POINT OF BEGINNING. Containing 58.04 acres, more or less. PARCEL B A portion of Tract I, Gator Gabe, as recorded in Plat Book 7, page 2 of the Public Records of � Collier County, Florida. and a portion of the East half of the West Half of the Northeast Quarter of Section 3. Townalzip 50 South, Range 26 East, Collier County, Florida, all being more pan*ieulsuiy described as follows: Commence at the East Quarter corner of said Section 3; thence S.89'20'05" W., 1301.10 feet along the South boundary of said Northeast Quarter to the Southeast corner of the West Half of the Northeast Quarter of said Section 3 and the POINT OF BEGINNING; thence N. 00'29'21" E., 2456.56 feet along the East boundary of said West Half of the Northeast Quarter; thence N. 89'42'03" W., 400.00 feet, parallel with the North boundary of the Northeast Quarter of said Section 3; thence N. 00 029121" E.. 300.00 feet to the South right- of-way line of State !toad No. 84 (David Boulevard) per State Road Department Right -of -Way Map Section 03506- 2601; thence N. 89042'03" W.,136.44 feet along said right -of -way line to the beginning of a curve concave to the South having a radius of 3224.04 feet; thence WESTERLY, 122.97 feet along said right -of -way line and curve through a central angle of 2'11'07' (chord beers S. 89' 12'24" W., 122.96 feet) to the West boundary of the East Half of the West Half of the Northeast Quarter of said Section 3; thence S. 00'18' 13" W., 2765.15 feet along said West boundary to the South boundary of the Northeast Quarter of said Section 3; thence N, 89 °20'05" E., 650.55 feet along said South boundary to the POINT OF BEGINNING. Containing 38.77 acres, more or less. nz ,r w•" S �r Him t k i' 4 ic ; – z r+ TTl• Agenda item No. 10A February 13, 2007 rage 22 of 25 °i• r g r 4 i X e �:� �✓ i '•9 7 s"�,� �'r'` a . ,� ..,. .fw ee- � ,cr�:�iF` '. »< r +s � .ar. e . "k,•E z ..: ^^s ^S • s. •r '' w:.,g"n' �, 'y�'°'ss .,us 2 � ar „.. ' � r �A:+Gr a�� „Yrr �r , � R'� 4• a''� f '� s#,: yr rl ! � °v �y ai"e� �� Tk4rS ce" f x ij z "`..es u'W �N�s � .3'�`"` � .Y��r •,'!a 4 1s �' ' YS� „Y� . �'������r,4�f+' iJ:'.7 it t.�•. � y''� to It- d PO.� ` a»o- x 3e osn€ it �w e ly� rys' DAVIS CROSSINGS/ MARKET CENTER BENDERSON r E g -�• �• DEVELOPMENT LOCATION MAP TX 1 W —1 E a ./A .O- M JIURM d 9 DMWc1O1aAaa MOS113axala HaLNHO LaXlrVW /SDNISSOID SIAVG 0 w w i 7--Ou- - - --- kYWA-J-Vnf%C U) 0 Z C/) co 0 o M cr- C) C-) CO 0 Lo E C) r7- E LU m 10 `a_ Z > LL U- 0 X F- Z z "C D 0 C� t- oo yu <° LLJ F- < 0 w w i 7--Ou- - - --- kYWA-J-Vnf%C U) 0 Z C/) co 0 o M cr- C) C-) CO 0 Lo E C) r7- E LU m 10 > U- 0 X F- z "C D 0 C� t- oo < u LU r- LLJ F- < < (L < 0 w w i 7--Ou- - - --- kYWA-J-Vnf%C U) 0 Z C/) co 0 o M cr- C) C-) CO 0 Lo E C) r7- E E 5 w 0 =) uj 0 �d '�11)10081YId v31moLmw" 133tl1S13MlVW - -- " Bh 0 1 di 9 o p- 0 � � w z 8 2 Z <W O �twfi 9. � Oil 0 flu i p N O "C OC C� t- oo r- C-4 rn -,t kn E 5 w 0 =) uj 0 �d '�11)10081YId v31moLmw" 133tl1S13MlVW - -- " Bh 0 1 di 9 o p- 0 � � w z 8 2 Z <W O �twfi 9. � Oil 0 flu i p N O Agenda Item No. 1OA February 13, 2007 EYXIBIT "D" Page 24 of 25 B Minimum s`andards nonconformities created by public acouisition. 1. All lots or vards created after the effective date of this Code must compiv with the requirements then established by this Code. 2. No lot even though it may consist of one or more abutting lots of record, or yard existing at the effective date of this Code or lawfully existing on the effective date of applicable amendments to this Code shall thereafter be reduced in its dearoe of compliance including its size. dmension. or arej below the minimum requirements then set forth in this Code exceptt by reason of a portion thereot being acquired for public use in_any manner, includin dedication. condemnation purchase and the like. a. Required vards on imoroved lots lot area lot coverage on improved lots and lot dimensions rendered nonconforming or more legally nonconforming as a, result of being acquired for public use may be reduced by the same dimension, area or amount involved in the dedication, condemnation. purchase. or similar method of acquisition for public use but shall not result in a front vard of less than ten feet (10') in depth Ac ordingiy the resulting degree of nonconformity of the area and dimensions of a lot and the required vards with this Code's then current requirements will be deemed lawful unless or until the remaining lot or yard is recreated typi^aliv by re- development. re -plat or lot re combinaiion at which time su ^h lots and yards must comply with the requirements then established by this Code. Further. no conforming lot otherwise gualifving for lot split or lot line adjustment pursuant to Sec. 10.02.02. 8.8; 10.02.02. 8.12.1.04.04 or 9.03M.A.5 may be denied such approval soleiv on the grounds that the resulting lot or lots would be less than the required minimum area for such lot(s) in the a olicable zonirg district as a result of acouisition from the effective date of this ordinance]. b Other existing site related legal nonconformities including those rendered more nonconforming as a result of acquisition for public use and which pertain to this Code's or other county code re�nts such as but not limited to stormwater management landscaping or buffers preserves cn- or off-site parkma architectural design standards etc will be deemed legally nonconforming and all such resultino nonconformities may be allowed to remain so nonconforming unless or until the rem-;-;-- tot or yard is subsequently re- created or re- developed at which time such site related nonconformities and develooment must oomph with the then existinc reaui *ements of this Code. In those ir^umstnn ^es where acouisition for public use of a portion of a lot or yard would result in one or more nonconformities that would require approval of a development order or permit in order_ to implement the terms of the acquisition !.a., in order to cure or remedv the effect of an acquisition (e.g., an SDP or buildina permit required to rerocate a prior existing building) the County manager, or designee, is authorized to approve such development order or permit so long as any prior existino legal nonconformity of the type set forth in b. above would not be increased. 3 This section may be applied to those acquisitions occurring prior to the adoption of this ordinance so long as the purchase or dedication of the p_rooertV has not closed or the condemnation proceeding relating to the property acquired has not reached final disposition. C Other than provided for immediately above required off- street parking shalln_at be reduced in area or chanced to any other use unless the permitted or permissible use that it serves ,s discontinued or modified or equivalent required off - street parking is provided meeting the requirements of this LDC. PROJECT NAME: PARCEL NO(S): PARENT TRACT FOLIO NO. WARRANTY DEED n THIS WARRANTY DEED made this day of 20 —, by, (hereinafter referred to as "Grantor'), whose post office box is jADDRESSj to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East. Naples, Florida, 34112 ( hereinafter referred to as "Grantee "). (Wherever used herein the terms "Grantor' and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, convoys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See Attached Exhibit 'A' which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. This is NOT the Homestead property of the Grantor. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and wilt defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: (Signature) (Print Full Name) (Signature) (Print Full Name) 6y: (GRANTOR NAME) Page 25 Agenda Item No. 10B February 13, 2007 EXECUTIVE SUMMARY Page 1 of 20 Recommendation to approve a Developers Contribution Agreement (DCA) between Waterways Joint Venture VII (The Developer) and Collier County to obtain property for roadway water management, drainage and access easements for the future expansion of Davis Boulevard. OBJECTIVE: To obtain BCC approval of the DCA to acquire property for roadway water management, drainage easements and access easements for the expansion of Davis Boulevard from Radio Road to Collier Boulevard "The Project ". This agreement would be in accordance with the overall objectives of the Collier County MPO 2030 Long Range Transportation Plan adopted on January 12, 2006. CONSIDERATIONS: Improvements to Davis Boulevard have been recognized as the highest priority by the Collier County MPO since 1999. The roadway currently operates at LOS "F" and the intersection of Collier Boulevard and Davis Boulevard is recognized as a critical intersection. This project is funded for design only, with a pending commitment from FDOT for a 20 million dollar advancement reimbursement for construction if the County can secure the necessary right -of -way, funding and water management in advancement of construction. This agreement and companion items Alligator Alley PUDZA AR# 6417 as well as the Alligator Alley DCA are critical to securing the 20 million dollar funding from FDOT. The Developer has agreed to convey to the County a 10 acre parcel for the sum of $3,000,000 in impact fee credits and provide a drainage easement and access easement at no cost to the County to facilitate access to the proposed pond site. They have also agreed to donate a 50' strip of land at no cost to the County along the frontage of Davis Boulevard. The 10 acre parcel contains the proposed location for the native preserve for the entire development. The County in advancement of condemnation has agreed to mitigate the native preserve requirement consistent with the proposed GMP amendment language currently being sponsored through the CDES Division and the Transportation Division. The County recognizes that this voluntary acquisition in lieu of condemnation secures the ability to consummate the 20 million dollar funding agreement through FDOT and significantly lowers the costs associated with condemnation of the parcel. Without this agreement the funding and timing for the Project is in jeopardy. Further, the county has also proactively agreed to mitigate the proposed preserve area in order to maintain consistency with the intent of the GMP. This agreement has been initiated by the County to expedite the Project and has not been proposed by the Developer. FISCAL IMPACT: The agreement will provide $3,000,000 in impact fee credits to the Developer and require the County to mitigate the preserve lands associated with mitigation requirements. The County would receive value back based on the donated land and easements. There is also significant savings in avoiding condemnation as well as securing 20 million dollars of FDOT funding for the Project which will otherwise be secured by another county. GROWTH MANAGEMENT: This Developer Contribution Agreement would be consistent with the goals and objectives of the Collier County MPO 2030 Long Range Transportation Plan adopted January 12, 2006, (incorporated into the Collier County Growth Management Plan), and the Transportation Element of the GMP. While the mitigation of preserve off site may be interpreted as a conflict with objective 6.1 of the Conservation and Coastal Management Element of the GMP in the short term view, it has also been interpreted that it is consistent with the existing intent and certainly consistent Aaenda Item No. 10B February 13, 2007 with the proposed amendments sponsored by Environmental Services and TransportatTme ? of 20 Planning. LEGAL OPINION: The County Attorneys office believes that this Agreement is consistent with the intent and purpose of the Growth Management Plan. RECOMMENDATION: That the Board of Commissioners approves this DCA between the Developers and Collier County to obtain the right -of -way, an easement and water management necessary to finalize the commitment from FDOT for the advancement reimbursement agreement for 20 million dollars. Prepared by: Nick Casalanguida, Planning Manager, Transportation Services Division Attachments: 1) The Developers Contribution Agreement; 2) Appraisal Memo; 3) Project Locus Map; 4) Exhibits A; 5) Exhibits B; 6) Exhibits C; 7) Exhibit D; 8) Exhibit E Agenda 1!em No. 10B February 13, 2007 Page 3 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ---- Item Number: 10B Item Summary: -his item to be heard at 1:05 p in This item was continued from the. January 23 2007 BCC Meeting P.ecomrnendation to approve a Developers Contribution Agreement (DCA' between VNaterways Joint Venture VII Tine Developer) slid Collier County to obtain property for roadway water management . drainage and access easements far the future expansion of Davis Boulevard (Norman reoer, LvJmimstraioi Transportation Services) (Companion item to £3B and 10A) Meeting Date: 2/13I20079,00.00,AM Approved By Nick Casalanguida Project Manager Date Transportation Services Transportation Planning 1129!2007 10:00 AM Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 1129/2007 10:09 AM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1/2912007 10:45 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1/29/2007 11:57 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1129!2007 1:51 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1129/2007 4:03 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 1/29/2007 4:57 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/30/2007 1:59 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/3112007 7:51 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1/31/2007 9:51 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 2/112007 1:47 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/112007 6;39 PM Aaenda item No. 10B February 13, 2007 Page 4 of 20 pLI -II�� Memorandum CUt• . To: Nick Casalanguida, Planning Manager From: Harry Henderson, SRA, Review Appraiser TE /CM, Right of Way Date: January 2, 2007 Subject: Valuation Analysis, Mystique DCA Lands (Davis Blvd) I have been asked to evaluate a 10 acre parcel which is part of the proposed Mystique residential PUD on the south side of Davis Boulevard between Radio Road and Collier Boulevard. The Mystique lands consist of 29.45 acres total and currently have split RMF -12 and Agriculture zoning. The 10 acre portion to be valued is planned to be utilized as a pond site connected with the future widening of Davis Boulevard (FDOT Project). The 29.45 acre parent tract was purchased by the current owner (Watreways Joint Venture VII) for $6,250,000 or $212,282/acre. Recent sales of similar competing properties in the greater Naples area show unit prices ranging from $201,748 /acre to $396,052 /acre. The consulted market expressions are briefly identified as follows: 1. 14.87 acres located on the east side of Livingston Rd north of VBR. Sold in August 2006 for $3,000,000 reflecting $201,748 /acre. "A" zoned. 2. 94.40 acres located along Wildflower Way within the Lely Resort community. Sold in December 2006 for $25,000,000 reflecting $264,831/acre. RPUD zoned. 3. 148.97 acres located on the east side of Livingston Rd south of Pine Ridge Rd. Sold in January of 2006 for $59,000,000 reflecting $396,052 /acre. RPUD zoned. In light of these sales as well as the subject parent tracts recent sale, and in consideration of factors known to impact prices paid (specific locational differences, topographical differences, size factor differences etc) a unit price of $305,000 /acre is judged to be most reasonable for the subject 10 acre parcel. Thus- 10 acres x $305,000 /acre = $3,050,000. Transportation Division TE /CM Item No. Page 5 of 20 TRIAD PUD SADDLEBROOK EAST VILLAGE GATEWAY PUD _ _ _ _ PUD DAVIS BOULEVARD (SR 84) — N PROJECT SITE W E EM �j-: S rl I CEDAR WESTPORT HAMMOCK _ I COMMERCE PUD CENTER PUD I ill r r CEDAR HAMMOCK PUD n-ary ), zuvi i r:[a Ann U: \2UU.-d\u.7U777.OU.OJ Mystique Eng in eering\ 0001 General Corsultation\5007 I 70003XA.dwg EXHIBIT A SKETCH & DESCRIPTION THIS IS NOT A SURVEY NORTH QUARTER CORNER, SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST SOC'07'06 "W 146.59' C1 DAVIS BOULEVARD (SR 84) v February 13, 2007 Vqe 6 or 20 W E S N89'34'06 "E 652.8B'(P) 653,00'(M) CURVE I RADIUS I LENGTH LEGAL DESCRIPTION I BEARING I D JA C1 _ A TRACT OF LAND SITUATED IN THE STATE OF 666 -92' 565.73 1 S62'1 0'25"W 11'51'08° FLORIDA, COUNTY OF COLLIER, LYING IN LESS AND EXCEPT PARCEL - E PT SS AND EXCE �, SURVEY PREPARED BY SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 PARCEL 0 TOWNSHIP 50 SOUTH, EAST, AND BEING FURTHER BOUND AND ° 0 \ , DESCRIBED AS FOLLOWS: THE WEST ONE HALF D (W) OF THE WEST ONE HALF (W?) OF THE rn ri NORTHEAST ONE QUARTER (NE4) OF SAID -- - ------ - - - - - - - - - - SECTION 3. LYING SOUTH OF THE SOUTHERLY c RIGHT -OF -WAY LINE OF DAVIS BOULEVARD - a STATE ROAD 84; LESS THE FOLLOWING C9 u� DESCRIBED PARCEL: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE o ° OUAR T ER (NEI) OF SAID SECTION 3; THENCE N00'07'06 °E. ALONG THE WEST LINE OF SAID ? w FRACTION 707.03 rEET; LID Ln THENCE LEAVING SAID FRACTION LINE N89'34'06 "E. 65288 FEET; TO A POINT ON THE ° o EAST LINE OF SAID FRACTION, o °z THENCE S00'17'56 "W. 704.31 FEET; TO A POINT U' ON THE SOUTH 'LINE OF THE NORTHEAST ONE OUARTEP, (NE1) OF SAID SECTION 3, THENCE S89'19'38 "W. 650.69 FEET; ALONG SAID LINE TO THE POINT OF BEGINNING. N89'34'06 "E 652.8B'(P) 653,00'(M) CURVE I RADIUS I LENGTH I CHDRD I BEARING I D JA C1 _ 3224.04' 666 -92' 565.73 1 S62'1 0'25"W 11'51'08° Jon..ry 3, 2007 s:2 pm 0:A2G05`.DGJ' 77.00 _13 Mystique F ^g,neerino \0001 Genero1 Gcnsultorlcn \30G1170003)(4 !! owg EXHIBIT A -I NOTE: LEGAL DESCRIPTION N As SHOWN POINT OF BEGINNING \ WAS TAKEN FROM A BOUNDAR LESS AND EXCEPT PARCEL - E PT SS AND EXCE �, SURVEY PREPARED BY CENTER OF SECTION 3, PARCEL L 3O6oN, P.A. DWG 7R2 TOWNSHIP 50 SOUTH, RANGE 26 EAST \ , \o 7-89'19' -78 W 650.69' -- - ------ - - - - - - - - - - Jon..ry 3, 2007 s:2 pm 0:A2G05`.DGJ' 77.00 _13 Mystique F ^g,neerino \0001 Genero1 Gcnsultorlcn \30G1170003)(4 !! owg EXHIBIT A -I CL1 r. o p C? N 'V O "J f� � N @ n r_ 4% ti U- Y O <o =a a v K w O U w O U CL N�a �w 0 U III � 41tl I If PJI duW II r �OI I � I nil 1�, — I I I I �3oad d mop •oS ��- (tie as) a8dn3lnoe siAva -' a a 3 cal N 6 w Y O i ao a W Y � o� �a MW o a 0 O J C4 m X W a cc cc FEZ a wR, a 0- " � a a U�zo O _zwi} -2Z' sp Om �WiA� OUd20 w�0 daa m.;. ZQ O a I � w�aa K w O U w O U CL N�a �w 0 U III � 41tl I If PJI duW II r �OI I � I nil 1�, — I I I I �3oad d mop •oS ��- (tie as) a8dn3lnoe siAva -' a a 3 cal N 6 w Y O i ao a W Y � o� �a MW o a 0 O J C4 m X W SKETCH & DESCRIPTION THIS IS NOT A SURVEY DAVIS BOULEVARD (SR 84) S89'42'D4 "E 654.95' ro o O n1 r �D cD � W : O � O POINT OF BEGINNING o I o Z Ll February 13, 2007 age 8 of 20 W E S LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THENCE NOO'07'06 "E ALONG THE SAID CENTER OF SECTION LINE 707.03' TO THE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID CENTER OF SECTION LINE N00'07`06 "E, 670.38 FEET; THENCE LEAVING SAID CENTER OF SECTION LINE S89'42'04 °E, 654.95 FEET; THENCE S071 I'56'W, 662.05 FEET; THENCE S89'34'06 "W, 652.88 FEET; TO THE POINT OF BEGINNING. A PARCEL OF LAND CONTAINING 10.00 ACRES MORE OR LESS N89'34'06 "E 65.88' NOTE: h _EGAL DESCRIPTION WAS PREPARED o FROM A BOUNDA,P.Y SURVEY POINT OF COMMENCMENT, "' PREPARED B"; CENTER OF SECTION 3, w DWG. E. NE- �.A. DWG. g'S15oR26 TOWNSHIP 50 SOUTH, o __'ATEC 10 -09 -06 RANGE 26 EAST z ------------- ---------------------- -------------------------------- - - - - -- Jcnuory 3. 2DJ% --7 �V _ %-, '? ✓�I17.�Q.J 1,y si;�e Engio =e- ^gA=" ';enerar EXHIBIT B -1 encfa ti Bahr artr ?nn7 Page 9 of 2U N W E S DAVIS BOULEVARD (SR 84) 50' ROW PARCEL d I o r �I Jonvory 3, 2067 9.44 AM 0 \ 2ni75\ IKn t * 7 nn n3 A r - -� -- - -> - -••••y ���.,• us uu— us- cion \JVU 17/UVUJXC.dw9 EXHIBIT C POINT OF BEGINNIN SKETCH & DESCRIPTION THIS IS NOT A SURVEY DAVIS BOULEVARD (SR 84) J February 13, 2007 PV, e 10 of 20 W E S LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COL!_IER COUNTY, FLORIDA, THENCE N00'07'06 "E ALONG THE SAID CENTER OF SECTION LINE 2630.33' TO THE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID CENTER OF SECTION LINE, N00'07'06 "E, 51.53 FEET; TO A POINT ON THE SOUTH RIGHT -OF -WAY OF (SR 84) DAVIS BOULEVARD, THENCE ALONG SAID RiCHT -OF -WAY LINE, ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT BEING CONCAVE TO THE SOUTH 666.92 FEET, HAVING A RADIUS OF 3224.04 FELT, THROUGH A CENTRAL ANGLE OF 11'51'08" BEING SUBTENDED BY A CHORD WHICH BEARS %82", 0'25"E. FOR 665.73 FEET; T —IENCE LEAVING SAID RIGHT —OF —WAY LINE 5'00'17'56 "W. 50.04 FEET; THENCE ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, BEING CONCAVE TO THE SOUTH 567.01 FEET, HAVING A RADIUS OF 3174.04 FEET, THROUGH A CENTRAL ANGLE OF 12'02'23" AND BEING SUBTENDED BY A CHORD WHICH BEARS S52'02'41 "W. FOR 665.78 FEET; TO THE POINT OF BEGINNING. 4 PARCEL OF LAND CONTAINING 0.77 ACRES MORE OR LESS CURVE RADIUS LENGTH CHORD BEARING DEL "A C1 3224.04' 666.92' 665.73 N82'10'25 "E 11'51'08" C2 3174.04' _- 667.01' 665.78 - — SB2'02'41 "W 12'02'23" POINT OF COMMENCMENT N3 T E. CENTER OF SECTION 3, 'EGAL DESCR.PTION WAS R�PARED FROM A BOUNDARY TOWNSHIP 50 SOUTH, SURVEY PREPARED BY; RANGE 26 EAST CAROL E. NELSON P.A. D'vVG. #3T50R26 DATLD 10 -09 -06 LINE I DIST, BEARING L1 5'.53 N00'07'06 "E L2 50 04' S00' 1756 "W .o-,uory 3, 2;:G1 <.2& P,N V:A2005V05G'.7,00.03 Mys[,q,e L�gmeer,r� \OQvI Generol Cors„!fe�,on''�SC07770CO3XC —' dwq EXHIBIT C -1 -- _, _E.ebruar. -_1.3 290.07 i Page 11 ef0 PROJECT NAME: PARCEL NO(S): PARENT TRACT FOLIO NO, WARRANTY DEED THIS WARRANTY DEED made this day of 20—, by, (hereinafter referred to as "Grantor'), whose post office box is [ADDRESS] to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trall East, Naples, Florida, 34112 (hereinafter referred to as "Grantee "), (Wherever used herein the terms 'Grantor' and "Grantee" include all the parties to this Instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten DoMen ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See Attached Exhibit *A* which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. This Is NOT the Homestead property of the Grantor. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or In anywise appertaining. TO HAVE AND TO HOLD the same in No simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written, WITNESSES: (Signature) (Print Full Name) (Signature) (Print Full Name) By: [GRANTOR NAME] EXHIBIT E DEVELOPER CONTRIBUTION AGREEMENT ROAD IMPACT FEE CREDIT LEDGER Agenda Item No. 10B February 13, 2007 Page 12 of 20 Mystique Impact fee ledger Beginning Balance— $3,000700-0-0-01 DATE PERMIT # CREDIT AMT BALANCE COMMENTS Beginning Balance $3,000.000.00 Agenda Item No. 10B February 13, 2007 Page 13 of 20 DEVELOPER AGREEMENT MYSTIQUE THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this of , 2007, by and between WATERWAYS JOINT VENTURE VII (hereinafter referred to as the "Developer "), with an address at 14627 Collier Boulevard, Naples, Florida 34120, and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County "). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended. RECITALS: WHEREAS, Developer is the owner of approximately 30.56 acres of land in unincorporated Collier County, Florida, located on the south side of Davis Blvd. near its intersection with Collier Blvd., which will be residentially developed (hereinafter referred to as the "Development "). A legal description of the Development, together with a graphic rendering, is attached as Exhibit A; and WHEREAS, the Florida Department of Transportation ( "FDOT "), as part of the Davis Blvd. expansion project, has identified a 10 -acre portion of the Development as a pond site, together with the necessary easement to access the pond, and an easement for conveyance from Davis Blvd. to the pond site, which pond is necessary for the attenuation of stormwater off of the expanded Davis Blvd. A legal description and graphic rendering of this pond site and easement (hereinafter referred to as the "Pond Parcel ") is attached as Exhibit B; and WHEREAS, Developer had intended the Pond Parcel to be utilized for both future development and native vegetation preserve pursuant to the County's LDC, and for wetland preserve credit through the Environmental Resource Permit process with the South Florida Water Management District, and Section 404, Clean Water Act permitting with the U.S. Army Corps of Engineers; and WHEREAS, to preserve the Davis Blvd. road project, and to reduce costs of future condemnation, when the presently undeveloped Pond Parcel would be developed, County has offered to purchase the Pond Parcel for the sum of $3,000,000 in impact fee credits, consistent with the County's right -of -way purchase policy; and WHEREAS, Developer is willing to convey to the County the Pond Parcel for the sum of $3,000,000 in impact fee credits, provided that the Developer by doing so will not be in violation of any County ordinance or regulation with respect to the Development not having sufficient preserve area and other requirements or violation as a result of the conveyance; and WHEREAS, the County acknowledges that by conveying the Pond Parcel to the County, County shall not require the Developer to provide any native vegetation preserve on the remaining 20 +/- parcel; and WHEREAS, Developer is willing to freely donate, at no cost to the County, a 50 -foot strip of land adjacent to Davis Blvd. for use in the Davis Blvd. expansion project. A legal description and .Agenda Item No. 10B February 13, 2007 Page 14 of 20 graphic rendering of this right -of -way strip (hereinafter the "ROW Parcel ") is attached as Exhibit C; and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the conveyance set forth in this Agreement (hereinafter referred to as the "Proposed Plan ") is in conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds and reaffirms that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth- necessitated capital improvements and additions to the County's transportation system; and C. The Proposed Plan is consistent with both the public interest and with the comprehensive plan, including the most recently adopted five -year capital improvement program for the County's transportation system, the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. On or before December 15, 2007, the Developer shall convey to the County both the Pond Parcel (with appropriate easements for access and maintenance) and the ROW Parcel. Both Parcels will be conveyed to the County in fee simple, free and clear of all liens and encumbrances, made by executed Warranty Deeds provided to the Office of the County Attorney, suitable for recording, the general form of which is attached hereto as Exhibit D. County will pay the costs of any title work and searches, and Developer shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. Upon receipt, the County shall record the Warranty Deeds in the Public Records of the County. Except as set forth herein, all costs of recording and conveyance shall be paid by the County. With respect to this provision, time is of the essence. It is acknowledged that Developer's failure to promptly convey the parcel to County, as set forth herein shall result in actual damages to County. In that actual damages are difficult to ascertain with substantial certainty, the parties agree that Developer shall pay to Page 2 of 7 Agenda Item No. 10B February 13, 2007 Page 15 of 20 County as liquidated damages the sum of $1,000 per day for each day past the deadline that the Warranty Deed is not delivered to County. Such liquidated damages will be paid in place of County's claims for actual damages. All provisions of this Agreement shall survive closing and be enforceable by the County and Developer and their successors and assigns. 3. The Pond Parcel is being acquired for public use, in lieu of future condemnation. Accordingly, except with respect to preserve requirements, it is expressly agreed that the provisions of LDC §1.04.04.B (Ordinance No. 2006 -07) shall apply to this Development and subsequent set- back for accessory structures shall be no less than 10 feet as shown on Exhibit B. With respect to preserve requirements, any preserve areas proposed by the Developer located in the Pond Parcel shall be mitigated off -site by the County within 1 year from the conveyance of the Pond Parcel to the County. A minimum of 7.3 acres and up to the full 10 acres, if required by South Florida Water Management District, will be mitigated for on a 1:1 basis with like for like habitat through the Conservation Collier or similar program. Following the acquisition, no further native preserve pursuant to the LDC shall be required on the remaining parcel. The Developer will be responsible for any mitigation for any listed species and wetlands impacts mitigation required by any permitting agencies on the northern remaining parcel. Any additional wetlands mitigation resulting from the conveyance of the Pond Parcel shall be the responsibility of the County. 4. Developer shall receive, at closing, as full compensation for the Pond Parcel and easements, the sum of $3,000,000 in Road Impact Fee credits which, consistent with the Collier County Consolidated Impact Fee Ordinance, may be used by the Developer and any related joint venture party in the impact fee district of the Pond Parcel, and all adjacent impact fee districts. A copy of the Impact Fee Ledger, setting forth the amount of Impact Fee Credits granted pursuant to this Agreement is attached as Exhibit E. 5. The credit for Road Impact Fees identified herein shall run with the Development and shall be reduced by the entire amount of each Road Impact Fee due for each Building Permit issued thereon until the Development project is either completed or the credits are exhausted or otherwise no longer available, or have been assigned by operation of or pursuant to an assignment agreement with County. The foregoing reduction in the Road Impact Fees shall be calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit is issued. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for which the Developer, its successors and assigns are responsible in connection with the development of their lands. It is expressly understood that the Impact Fee Credits will be utilized in the order in which the Building Permits are reviewed by the Impact Fee Administration, irrespective of whether Developer assigns all or part of the Development. 6. The County will require an approximate 15 -20 foot drainage easement to connect Davis Blvd. to the Pond Parcel and an appropriate 20 -foot wide access easement to maintain the Pond Parcel, which easement must be approved by FDOT. This easement will be identified by the parties and dedicated to the County on or before December 15, 2007. It is anticipated that the likely site for this easement will be along the eastern boundary of the Development. To the extent possible, any required buffers or landscaping that will be within the easement boundary will not be installed until the drainage pipe has been laid along the easement. To avoid these issues, County and Developer will negotiate in good faith for Developer to install the drainage pipe in the easement during the construction of the Development at an appropriate cost. County will pay the costs of any Page 3 of 7 Agenda Item No. i OB February 13: 2007 Facie 1E of 20 title work and searches, and Developer shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. Upon receipt, the County shall record the easement in the Public Records of the County. Except as set forth herein, all costs of recording and conveyance shall be paid by the County. 7. It is anticipated that the Developer will need an approximate 15 -20 foot wide drainage easement through the Pond Parcel to connect to its outfall. At Developer's written request, County shall promptly provide the Developer with such an easement through a mutually agreed - upon location. All costs associated with this easement shall be paid by Developer. 8. The County will provide the Developer with the ability to upgrade the fencing between the Pond Parcel and the remaining land at the Developer's expense. 9. The Developer shall be considered vested for transportation concurrency for 206 residential units upon the conveyance of the Pond Parcel to the County. The Developer may seek to reserve roadway capacity prior to the conveyance of the Pond Parcel by the regular approval and reservation process in the LDC. 10. The Developer may terminate this Agreement if the contemplated conveyance of the Pond Parcel significantly impacts the Developer's ability to develop the remaining land consistent with the conceptual development plan as shown in Exhibit "B" because of permitting restrictions resulting from the pending conveyance. Should Developer so terminate this Agreement, and should Collier County or any other government agency in the future, including but not limited to FDOT, seek to acquire the Pond Parcel through eminent domain proceedings as party of a road project, Developer will accept the sum of $3,000,000 as compensation for the Pond Parcel. The Developer reserves the right to make a claim for severance damages to the remainder parcel resulting from such condemnation. This provision shall survive any termination of this Agreement by Developer. 11. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 12. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving written notice to the County, Developer may assign all or part of the Road Impact Fee Credits, utilizing the County's then current form of assignment, to successor owners of all of part of the Development, or as otherwise provided for in the Collier County Consolidated Impact Fee Ordinance. 13. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or its successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 14. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. Page 4 of 7 Agenda Item No. 10B February 13, 2007 Page 17 of 20 15. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To County Harmon Turner Building Naples, Florida 34112 Attn: Norman E. Feder, A.LC.P. Transportation Division Administrator Phone: (239) 774 -8872 Facsimile: (239) 774 -9370 Waterways Joint Venture VIL• Attn: Richard Davenport 14627 Collier Blvd. Naples, Florida 34120 Phone: (239) 352 -6610 Facsimile: (239) 352 -1460 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 16. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 17. In the event of a dispute under this Agreement, the parties shall first use the County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 18. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all development, as defined by the County Manager or his designee, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the Development. 19. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. Page 5 of 7 Agenda item No. 10B Feba:ary ; 3; 2007 Page 18 of 20 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA AS TO DEVELOPER: , Deputy Clerk Signed, sealed and delivered in the presence of. Signature Printed Name Signature Printed Name NM JIM COLETTA, Chairman Waterways Joint Venture V I1 Richard Davenport, Partner STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2007, by Richard Davenport, as President of Waterways Development, Inc., as General Partner of Waterways at Hibiscus, Ltd., which is a Partner of Waterways Joint Venture V, who is personally known to me or has produced as identification. Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Managing Assistant County Attorney Notary Public Print Name: My Commission Expires: Page 6 of 7 Agenda Item No. 10B February 13, 2007 Page 19 of 20 LIST OF EXHIBITS ATTACHED TO AGREEMENT Exhibit A Legal description and graphic rendering of Development Exhibit B Legal description and graphic rendering of Pond Parcel Exhibit C Legal description and graphic rendering of ROW Parcel Exhibit D Form of Warranty Deed Exhibit E Impact Fee Credit Ledger Page 7 of 7 r K _ Fill 111 111 NM ig Ail All tg ii y rz �m J t -_..A RJ t1 �, itLL� ♦ may,. �+ � L 4. r„ it ■ S R I ■ m In y 7 Y +p5. ,. ,�. t5;� ''' - y::. ,�..11j1 ij'4t�' � + � �+tai✓k- �^,�w.,�, . f } All e s y , �F Agenda Item No. 10C February 13, 2007 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to accept Fiscal Year 2006 Grant Report providing an annual update of grant activity. OBJECTIVE: To receive acceptance of a report providing an annual update of grant activity for Fiscal Year 2006 from the Board of County Commissioners. CONSIDERATIONS: Collier County continues to pro - actively pursue grants as an alternative source of funding to provide services and to support new and existing initiatives. Both the County Manager and the Grants Coordination Office have committed to providing updates to the Board of County Commissioners, on an annual basis at a minimum, on the successes and accomplishments of grant activity. As evidenced in the attached report, each Division endeavors to seek grants to support the projects and programs of the County. As such, each Division and many departments have skilled staff working hard and attending training to produce quality grant proposals. In all, 124 grants were submitted with 83% of the proposals being successful, bringing the County a total award amount of $52.3 million (includes $795,000 awarded and withdrawn/returned). There are currently 35 proposals pending with grantors and, if awarded, will yield another $14.5 million (as of January 22, 2007, 14 of these have been awarded for a total of $6 million, which will appear on the FY 07 report as "awarded "). For comparison purposes, in FY 05, Collier County submitted 96 grants for a total request of $52 million and we were successful with 87% of the proposals. It is also worth noting that several Constitutional Officers are also very successful with their grant efforts. In FY 06, the Sheriff's Office reported $17 million in grant funding, the Clerk of Courts an additional $486,000 and the Supervisor of Elections received approximately $106,000 in state and federal funding. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan as a result of this Executive Summary. RECOMMENDATION: That the Board of County Commissioners accepts Fiscal Year 2006 Grant Report providing an annual update of grant activity. PREPARED BY: Marlene Foord, Collier County Grant Coordinator, Administrative Services Division Agenda Item No. 10C February 13. 2007 Page: 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1ui; Item Summary: Recommendation to accept Fiscal ,tear 2006 Grant Report providing an annual update of grant activity. (Len Price, ACITIr115lralor. Administratve Se,vices) Meeting Date: 2113/2-07 9.00:00 AM Prepared By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin, 1/8/2007 3:28'52 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 1/912007 4:11 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 111W200710:18 AM Approved By Mark lsackson Budget Analyst Date County Manager's Office Office of Management & Budget 1110/2007 4:02 PM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 1/29/2007 9:16 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 211/2007 3:28 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/112007 4:57 PM Grant Coordination Administrative Services Division n ►at-lenefoord (ir,:eolliertov.net (239) 774 -8971 (239) 774 -8720 (fax) TO: Jim Mudd, County Manager THROUGH: Len Price, Administrator, Administrative Services Division FROM: Marlene Foord, Grants Coordinator DATE: January 24, 2007 SUBJECT: FY 06 Grant Report Aaenda Item No. 10C February 13, 2007 Page 3 of 12 Collier County continues to pro - actively pursue grants as an alternative source of funding to provide our services and support new and existing initiatives. The purpose of this memo is to provide you with the annual update of grant activity for Fiscal Year 2006. In FY 2006, each Division contributed to the grants effort and grant applications were submitted by almost every department and executive office. Several Constitutional Officers also submitted and received grants as noted at the end of this report. Funds were sought for capital projects, such as taxiway construction, road construction, storm water management, library construction, public utilities projects and construction of the new emergency operations center; for housing, human services and health programs; for natural resource initiatives such as derelict vessel and exotics removal, sea turtle education and land conservation; as well as for equipment and materials needed for emergency services, resource mapping, and library services. There are few areas of local government programming or service that did not attempt to secure grant funding last year. In all, 124 grants were submitted and we were successful with 83% of the proposals for a total award amount of $52.3 million. There are currently 35 proposals pending with grantors and, if awarded, will yield another $14.5 million (as of January 22, 2007, 14 of these have been awarded for a total of $6 million, which will appear on the FY 07 report as "awarded "). For comparison purposes, in FY 05, Collier County submitted 96 grants for a total request of $52 million and we were successful with 87% of the proposals. Although the number of programs and the amount of funding available to us varies from year to year, we are fairly consistent with our efforts to secure outside funding and with our success rate. As more and more employees receive training and we expand the services provided by the Grants Office with the hiring of an assistant, the number of successful awards will increase. Below is a table summarizing the attached spreadsheet: Status (Agency-Wide) Grant Award Match Amount* Other Match* Total Amount Total Awarded $ 51,540,693 $ 92,326,215 $ 5,669,039 $ 149,535,947.94 Total Pending $ 14,467,494 $ 58,461,971 $ 421,501 $ 73,350,966 Total Not Awarded ** $ 14,736,230 $ 39,276,779 $0 $ 54,013,009 Total Withdrawn * ** $ 795,000 1 $ 805,000 $0 1 $ 1,600,000 *Match amount also includes balance of project cost, including budgeted amount for capital projects; therefore total appears high; average required local match is 50 %, may range anywhere from $0 to 100% match requirement and may be cash or in -kind or a combination of both. * *$13.6 million of $14.7 million in funding that appears "not awarded" was replaced with $5 million in funding that the grantor offered instead for a different project that was more of a priority based on their programming for that year. If this project is excluded from the total "not awarded ", a much smaller total of $1,136,230 is the result of the unsuccessful proposals (2% based on dollar figures). ** *Projects occasionally need to be cancelled if there are changes in local programming or scheduling delays. . Please let the know if you have any questions or would like additional information or summaries of the attached. M m LL CY) do 0 L at LL z 7 B 6 cs 139 lj 212 t2 L E Ev Z5 C LL Z, 00 do N LL E 2 Z z z 5 3 2; ;z g 4 6 2 f Ev, 15 Q) LL CL M BE t 1�4 , al > < �wz 5 Iz .6 F5 25 F I <1 IE > 12 Ar' < L5 CC Z) L 21, 2 Z �2 'a 1, 2 > �e > > 2 2 1 12 = ia C f T O N C 0 � z r � CC CD C LL N Q] Q R Q 7 7 @ Uco o N O L) „ �0 N LL o a t z U E_ V °s v$� z a C f f e E E E^ e t E G y%e e c c E o o o r �e f ca E d C t wa P a < h E Q a `e G — _ p t U Z Z Z u E9 -- F ti i �g 4 L .. 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C3 R LL Q A a 3 � U0 d p N O U y U W t t t Ez Q �a -c� E E�5 ceEE Ee m� a Ems "J -3 a � 78 $ = t $ n t5 t e s m a - - - co c� a � R E U 5 t p < j 3 ¢ z 2 F p 8 F — — 4 a U G' `o E6 o Pct CC'1: � to c 3- E 2 Op c b �t7, pl `u E F5 ME 7E It Gwa \c w/ f \LL < & fk 0 \§ » LL �) E ! §_ } \/: \(\ \() § \ \)} ) \ / \/& � \ \�k 2/ \� � � \ § , m \2 � \ & � � k � \ ~� {! &\ � 7 & )k � } /f � } \� \£ \� \ \/ 2?` k7f \ {!{ � \ § }� - \\ ��� Agenda Item No. 10D February 13, 2007 Page 1 of 4 EXECUTIVE SUMMARY Report to the Board of County Commissioners from the Collier County Health Department and Code Enforcement Department regarding the continued initiatives to eliminate unsafe and unsound housing in the Immokalee Community. OBJECTIVE: To report back to the Board of County Commissioners on the continued efforts being made by the Collier County Health Department and the Code Enforcement Department to improve and /or remove substandard housing in the Immokalee Community. CONSIDERATIONS: The Code Enforcement Department and the Collier County Health Department have been working together to further the initiative by the Board of County Commissioners as a result of the April 13, 2006 workshop held in the Immokalee community. An initial status report of the efforts being made by staff was presented to the Board on October 24, 2006 (see attached report) at which time the Board requested regular updates on the initiative's progress. Code Enforcement Department Status Report. The survey initiated in June, 2006 by the Code Enforcement Department originally recorded 103 properties with structures that had substandard conditions. Since our report in October, 2006, three (3) additional units were added to the overall inventory. The following table provides a break -down of the actions taken to improve the substandard housing conditions in the Immokalee community by the Code Enforcement Department since the October 24, 2006 report to the Board. As indicated in the figures above, much progress has been made towards the elimination of substandard housing in the Immokalee area with 71% of the units identified as being removed or repaired. Since our last report, the Purchasing Department has approved a contractor to perform demolition services for this program. An Executive Summary will be forthcoming to the Board for the approval of a primary and secondary contractor for these services as staff estimates that the cost for the removal of the structures, not yet removed, will exceed the $50,000 contract guideline. Initial Results as Survey Case Disposition Survey of 10124106 Results as Results of 115107 # Substandard units 103 103 106 # Units repaired 0 9 10 # Units demolished 0 20 63 # Units pending resolutions 103 74 33 • # Units pending repair na 14 • # Units pending demolition 35 19 As indicated in the figures above, much progress has been made towards the elimination of substandard housing in the Immokalee area with 71% of the units identified as being removed or repaired. Since our last report, the Purchasing Department has approved a contractor to perform demolition services for this program. An Executive Summary will be forthcoming to the Board for the approval of a primary and secondary contractor for these services as staff estimates that the cost for the removal of the structures, not yet removed, will exceed the $50,000 contract guideline. Agenda Item No. 1 OD February 13; 2007 Page 2 of 4 Thus far, the Code Enforcement Department has contracted to remove one structure at a cost of $4,200 and subsequently requested quotes for the removal of four (4) additional structures to be removed by March, 2007. Health Department Status Report. The Collier County Health Department has also been doing their part in the initiative to eliminate substandard housing units from their inventory of licensed migrant facilities in the Immokalee Community, The Collier County migrant housing inventory as of May 1, 2006 consisted of 1,440 housing units, 50% (720 units) of which were rated in good quality, 25% (360 units) rated as needing improvements and 25% (360 units) rated beyond repair. The units receiving a rating of beyond repair have been noticed by the Health Department and will not receive licensure as a migrant facility. To date, the efforts have resulted in the elimination of 122 units (674 beds) from the migrant housing inventory reducing the units with a rating of beyond repair to 238 or 1,394 beds. The agriculture season has brought a large number of migrant Farmworkers back to the Immokalee community resulting in overcrowding due to the lack of housing. The on -going efforts of the Health Department have identified that 129 of the units, consisting of 740 beds, previously rated as "beyond repair" are now occupied. If the Board is in agreement, the Department plans to notify the landlords of the findings and advise them that the licenses for the subject units will not be renewed at the end of the current migrant season. This recommendation is an effort to avoid further homelessness and overcrowding in the community, but will result in —m 70% of the originally identified units being eliminated by the end of the summer of 2007. In accordance with this plan, staff will continue to compile documentation of deficiencies on the remaining 109 units, or remaining 30% of the original 360 units targeted for elimination. For administrative action to be legally effective, detailed documentation, written as well as pictures, must be compiled. The completed investigation packets are forwarded to our State legal counsel for review and action. Investigations are a vital component of efforts to improve migrant housing and overall conditions in Immokalee. Migrant Unit Disposition Initial Survey Results Survey Results as of 115107 # Substandard units 360 360 units # Units unlicensed –eliminated 0 122 units # Beds unlicensed –eliminated 0 674 beds # Units occupied to be unlicensed - eliminated na 129 units # Beds occupied to be unlicensed - eliminated na 740 beds # Units pending resolutions 360 109 units [—#Beds pending resolutions na 654 beds Agenda Item No. i OD February 13, 2007 Page 3 of 4 Code Enforcement and Health Department Concerns: The effort being made by both Departments has resulted in the elimination of substandard housing but it has also exposed a dynamic which will result in increased substandard conditions in the Immokalee community if not addressed. The issue relates to the maintenance of mobile home structures. The Florida Building Code does not govern the construction and /or maintenance of mobile homes; they are governed by the U.S. Department of Housing and Urban Development and the Florida Department of Highway Safety and Motor Vehicles. Consequently, there is no structured permitting process or agency available to conduct inspections on the modifications being performed on mobile homes or to provide structural evaluation of mobile home structures. As a result, used and potential structurally unsound mobile homes are being moved onto properties and occupied by migrants and residents within the community. Many of the units are being altered without building permits and no over -sight to establish whether the alterations have affected the structural integrity of the mobile home. Some alterations are being completed to cover up serious health concerns such as mold. This activity is increasing and must be addressed. One solution to the problem would be to consider a technical amendment to the Florida Building Code to establish building standards for the local Building Department to utilize for inspections of improvements to mobile homes. This would allow local building inspectors to ensure that modifications are being completed with permits and in accordance with defined standards. FISCAL IMPACT: The report does not bear any fiscal impact. GROWTH MANAGEMENT IMPACT: The elimination of substandard housing fulfils the Goals, Objectives and Policies, of the Housing Element of the County's Growth Management Plan. RECOMMENDATION: That the BCC accept this report and endorse continuation of the identified initiatives. Additionally, to direct the County Manager, or his designee, to pursue a local amendment to the Florida Building Code authorizing the local Building Department to establish and enforce building standards for mobile home structures. Prepared by: Michelle Edwards Arnold, Code Enforcement Director Agenda Item No. 10D rebruary 13. 2007 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10D Item Summary: Report tc the Board of County Commissioners from. the Collier C;ounly Health and Code Ehfomernent Departments regarding the continued inr.iatives to 61rriinate unsafe and unsound housing in Inc IrnmoKalee Community .(Joseph K.. Scnmdl. Administrator, Community Development and Fnvironmental Services) Meeting Date: 211312067 °.00.00 AM Approved By Constance A. Johnson Operations Analyst Date Community Development 8 Community Development & Environmental Services Environmental Services Admin. 112012007 9:32 AM Approved By Marlene Stewart Executive Secretary Date Community Development 8 Community Development 8 Environmental Services Environmental Services Admin. 1126/2007 113D AM Approved By Bill Hammond Director Date Community Development 8 Building Review and Permitting 112912007 3:50 PM Environmental Services Approved By Community Development 8 Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development 8 211 12007 10:14 AM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 2/1/2007 4:13 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 212;2007 5:00 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 21512007 7:03 PM Commissioners Agenda Item No. 10E February 13, 2007 Page 1 of 23 EXECUTIVE SUMMARY Recommendation to review the projects proposed for Collier County's Fiscal Year 2008 Federal Legislative Agenda and determine which will be presented to the Congressional Delegation in Washington, D.C. for federal funding consideration. OBJECTIVE: To review the projects recommended by the county's federal lobbyist, the Ferguson Group, for Collier County's Fiscal Year 2008 Federal Legislative Agenda, and determine which will be presented in prioritized order to the Congressional Delegation in Washington, D.C. for federal funding consideration. Once approved on February 13, Collier County's Fiscal Year 2008 Federal Legislative Agenda will be presented by Collier County Board of County Commissioners Chairman Jim Coletta, Collier County Commissioner Frank Halas, Naples City Councilman Gary Price, Collier County Manager Jim Mudd and Assistant to the County Manager Debbie Wight to the Congressional Delegation in Washington, D.C. That series of meetings is being scheduled with Sen. Mel Martinez, Sen. Bill Nelson, Rep. Connie Mack and Rep. Mario Diaz - Balart, and/or their legislative staff, on February 28 and March 1, 2007. Once delivered to the federal elected officials, the FY08 Federal Legislative Agenda will be pursued diligently and monitored continually throughout the federal legislative process by The Ferguson Group representatives, which have also already had preliminary meetings with key legislative staff when determining which of Collier's projects were viable candidates for consideration on the FY08 Federal Legislative Agenda. CONSIDERATION: To develop Collier County government's federal legislative platform, the County Manager's Office continues on a regular basis to receive input from the Board of County Commissioners as well as Division Administrators, Department Directors and senior staff. Representatives of The Ferguson Group also met directly with staff at the Collier County Government Center on November 8 and 9, 2006, to explain federal funding opportunities, detail the application process and explain the appropriations cycle at the federal level of government. The Ferguson Group representatives assisted staff from all five of the county's divisions and the executive office departments in filling out project questionnaires for a myriad of projects. A total of 33 county projects were originally submitted for consideration to The Ferguson Group representatives who professionally evaluated the funding potential of each project and based on opportunities available, the following nine (9) projects in prioritized order comprise the firm's recommendation for Collier County's Fiscal Year " 2008 Federal Legislative Agenda: Agenda Item No. 10_ February 131 2007 Page 2 of 23 Collier County's Fiscal Year 2008 Federal Legislative Agenda: 1) Interstate 75 /Everglades Project Development and Environment Study 2) Lely Area Stormwater Improvement Project 3) Interstate 75 /Collier Boulevard SR 84 Interchange 4) Technology for Emergency Services Complex 5) Gordon Pass Dredging 6) Bayshore Drive /Shadowlawn Transportation Corridor Improvements 7) Health Care Access for the Uninsured 8) South Immokalee Park Community Center 9) Archives Technology (See attachment for more detail.) At a Collier County Commission and City of Naples Council Joint Workshop held December 18, 2006, at Naples City Hall, Commissioners invited the Naples City Council to submit the city's project list to the county for consideration as part of the county's FY08 Federal Legislative Agenda. County Manager Jim Mudd also contacted Naples City Manager Bob Lee directly and requested the submission to assure participation of the city in the federal funding process under the guidance of the county's lobbyist program. The City of Naples project list was received in the County Manager's Office on February 6, 2007. That list includes the following five (5) projects: 1) Gordon River Greenway Crossing 2) Naples Bay Restoration 3) Citywide Bike /Pathway System 4) Fleischmann Park Recreation Center 5) Dredging of Gordon Pass (See attachment for more detail.) Please note that the Gordon Pass Dredging project is on both the county and city lists. Councilman John Sorey has met with county staff about this project and had conversations with the office of Congressman Mack. Upon review of the City of Naples project list submission, a review by The Ferguson Group reads: • The draft FY08 Federal Agenda already contains four (4) transportation .., projects, and two (2) of the city's requests — Gordon River Greenway Agenda Item fro. 10E February 13, 2007 Page 3 of 23 Crossing and Citywide Bike/Pathway System — are transportation projects. That leaves the county with six (6) projects competing in the same bill. Additionally, both of the city's transportation projects are very similar to the county's Bayshore /Shadowlawn corridor improvements, so these three (3) would compete for funding within the exact same account. The Fleischrnann Park Recreation Center would compete with the county's South Immokalee Park project in the exact same account. There is not enough information on the Naples Bay Restoration Project to determine what kind of project it is, and whether it's ready for federal funding. The description talks about a study to determine cleanup needs, and then there is an amount of $25 million for cleanup, but it's unclear how that was determined, over what time period that would be expended, and what type of cleanup it would pay for. Once the Board determines the projects from the county and city lists that will comprise the final FY08 Federal Legislative Agenda, information that is lacking now because of the agenda deadline about specific projects will be researched and provided to The Ferguson Group for development of required briefing documents. Reflecting on the Fiscal Year 2007 federal appropriations cycle, attached also is Collier County's Fiscal Year 2007 Federal Legislative Agenda and a status update as of August 3, 2006. At that time, three county projects had funding eannarks in House bills totaling $850,000. • Interstate 75 /Collier Boulevard SR 84 Interchange $500,000 • South Immokalee Park Community Center $250,000 • Health Care Access for the Uninsured $100,000 At this time, no funding was received in FY07 and those three projects remain on the county's proposed list coming forth for consideration on the FY08 Federal Legislative Agenda. The Ferguson Group offers the following explanation for what transpired in FY07: The loss of all fivnding for earmarked projects was a nationwide event and very disappointingfor every local government that had a pending earmark and was counting on that funding coming to their projects. Collier County had three (3) projects totaling 8850, 000, which were affected by this nationwide event. FY07 funding, however, has not disappeared. Instead of being parceled out for earmarks, it is going in lump sums to the agencies. That funding will then go toward projects through the federal agencies. The Ferguson Group (TFG) is prepared to work on securing sonze of this .funding for your FY07 projects. Once the year -long Continuing Resolution is signed by the President, The Ferguson Group will begin this FY07 work with the federal agencies. Agenda Item No. 10E February 13; 2007 Page 4 of 33 The FY08 Federal Legislative Agenda, once determined by Board action today, will be turned over to The Ferguson Group which will then begin filling out all the required congressional questionnaires for each project, as well as necessary correspondence from Collier County to Congress, in preparation for the Collier County /City of Naples contingent to travel to Washington at the end of this month for advocacy meetings on Capitol Hill in support of the projects. According to The Ferguson Group, leaders in the new 110th Congress have vowed to proceed as usual with the FY08 appropriations process, and have specifically declared their intent to include earmarks in the individual spending bills. There are proposed changes to the process, but those changes can only benefit local government entities. The new Congress wants transparency in the appropriations process, meaning that the member of Congress who requests and secures funding for a project in an individual bill will be named as the project's sponsor. As was the case last year, the county's lobbyist suggests the county list be no longer than eight (8) appropriations items on the FY08 Federal Legislative Agenda. At this juncture, staff believes that the Naples Bay project should be pursued as an authorization action in the next Water Resources Development Act (WRDA) bill. In conclusion, the Board is being asked to determine which of the projects, in prioritized order, make the list of eight (8) appropriations items, plus the one (1) authorization item which will generate a list with a total number of nine (9) projects for FY08. FISCAL IMPACT: There is no fiscal impact associated with this executive summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. LEGAL CONSIDERATIONS: There are no legal considerations associated with this executive summary. RECOMMENDATION: That the Board of County Commissioners reviews the projects proposed for Collier County's Fiscal Year 2008 Federal Legislative Agenda and determines which in prioritized order will be presented to the Congressional Delegation in Washington, D.C. for federal funding appropriation consideration. Prepared by Debbie Wight, Assistant to the County Manager Item Number: Item Summary: Meeting Date: Agenda Item No, 10E February 13. 2007 Page 5 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 13E 7 N item tb he heard at 11.00 a.m. Recommer.datior to approve Collier County's FFscal Year 2003 Fedeml L.egislabve Agenda (Debbie Wight. P,ssistant to the County Managed 2/1312007 9_o0.00AM. Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2!712907 9:19 AM Agenda item No. 10E Feb -uary 13; 2007 Page 3 of 23 Cher G;rcxt:iti' Collier County, Florida Fiscal Year 2008 Federal Agenda i'iiiAFT PROJECT DESCRIPTION OF PROJECT REQUEST $2,000,000 1 -75/ Everglades Project Funding will improve access to 1 -75 for an i Transportation and Treasury Development and area that covers over 100 square miles Appropriations Environment Study while improving interchange operations at Interstate Maintenance, Surface three existing overburdened interchanges. Transportation Program, or TCSP Funding will support the construction of a $2,400,000 Lely Area Stormwater master- planned surface water management Interior and Environment Improvement Project 1 system which will provide a Appropriations comprehensive storrnwater outfall system State and Tribal Assistance Grant for an 1 1,135 -acre area of East Na les. Funding will support improvements to the $5,000,000 k 1 -75 Collier Boulevard SR Collier Boulevard/SR 84 interchange at I- Transportation and Treasury + 84 Interchange 75, which is experiencing a high level of Appropriations congestion due to the convergence of Davis Interstate Maintenance or Surface Boulevard, Collier Boulevard at 1 -75 and Transportation Program browth experienced in the southern portion of the Countv. Technology for Funding will support the acquisition of $2,000,000 Emergency Services public safety equipment for the County's Science, State, Justice and Commerce Complex new emergency services complex. Appropriations Law Enforcement Technology Funding will provide for engineering and $3,300,000 Gordon Pass Dredging maintenance dredging to increase the depth Energy and Water Appropriations of this commercial waterway. - Construction Bayshore I Funding will support design and $1,500,000 Drive /Shadowlawn construction of pedestrian and bicycle Transportation and Treasury Transportation Corridor safety and access improvements. Appropriations Improvements I TCSP ' Funding will support the expansion of a Health Care Access for the health care access program for individuals $1,000,000 Uninsured who are under, /uninsured in Collier County. Labor, HSS and Education The project connects individuals who Appropriations require health care to free services donated HRSA by local health care providers. Funding will support design and $950,000 South Immokalee Park construction of a 3,000- square -foot Transportation and Treasury Community Center community center building in the open play Appropriations area of the park. Economic Development Initiative Funding will support image scanning and $400,000 Archives Technology other technology that will increase public Labor, HHS and Education access to local historical maps and Appropriations documents. Institute of Museum and Library Sciences Agenda Item No. 10E February 13, 2007 Page 7 of 23 Interstate 75 /Everglades Boulevard Interchange Study Department of Transportation Appropriations Surface Transportation Program or Interstate Maintenance or Transportation and Community Systems Preservation Congressional District: Representative Mario Diaz -Balart Request: Collier County requests $2,000,000 in Fiscal Year 2008 Transportation Appropriations, Surface Transportation Programs or Interstate Maintenance or Transportation and Community Systems Preservation funds for a Project Development and Environment (PD &E) Study for a proposed Interstate 75 /Everglades Boulevard Interchange. Problem: Much of Collier County's current growth is occurring in an area known as Golden Gate Estates, one of the largest platted subdivisions of its kind in the world, where 1,000 new homes are being built annually. The only east -west routes between the eastern Estates and Naples area activity /employment centers are Golden Gate Boulevard and Immokalee Road, while the western portion of The Estates and Golden Gate City have access to interchanges at Immokalee Road, Pine Ridge Road, State Road 951 (Collier Blvd.) and the new interchange being constructed at Golden Gate Parkway, residents of the eastern portion of The Estates have no access to Interstate 75. Also, the lack of an interchange at Everglades Boulevard forces additional traffic onto already congested portions of Interstate 75, affecting not only local but inter - regional traffic on the Interstate. The lack of access to The Estates also creates safety problems, particularly in the event that its residents must be evacuated during hurricane or wildfire season. In this regard, the interchange is critically needed to provide access to a route for safe evacuations from storms and fires as significant growth continues in eastern Collier County. As Collier County's population expands from the nearly 300,000 residents today to a projected 597,000 by 2030, this situation will worsen. Collier County would like to request interim access, given that ramps already exist, as studies progress to determine implementation of the new interchange. Project Description: The requested PD& E Study will evaluate the amount of traffic that would use a new interchange at Everglades Boulevard and the impacts that it will have on adjacent interchanges and the Interstate's mainline operations. In order to ensure that there will be minimal to no environmental impacts associated with this project particular attention will be paid to the need for wildlife crossings or other such mitigation measures. An interchange at Everglades Boulevard and I -75 is an identified need in the MPO's Cost Feasible and Needs plan and is a high priority with the residents of Golden Gate Estates. The project will provide better access for an area that covers over 100 square miles while improving interchange operations at three Agenda lteiri No. 10E FebrLiary 13, 2007 Page 8 of 23 existing overburdened interchanges. The Interchange is located in a tolled section of Alligator Alley, so there are options of toll funding to help pay for right -of -way and construction if approvals are achieved for the Interchange Justification Report (IJR) and PD &E Total Project Cost and Matching Funds: The total cost of the study is $2 million. The Collier County Board recently funded a portion of the first step in developing an Interchange at this location with the programming of $750,000 for an IJR. The total cost of PD &E, design, right -of -way and construction is estimated at $75,000,000. The Interchange is located in a tolled section of Alligator Alley, so toll funding may be available to help pay for right- of -way and construction if approvals are achieved for the IJR and PD &E study. For More information: Debbie Wight, Collier County, (239) 774 -8383, debbiewight @colliergov.net Amanda Wood, The Ferguson Group, (202) 261 -3684, awood@tfgnet.com Val Gelnovatch, The Ferguson Group, (305) 442 -0501, vgelnovatch @tfgnet.com Agenda Item No. 10E February 13, 2007 Page 0 of 23 Gofer GcTW��t3, 71 1 A a . Lely Area Stormwater Improvement Project Department of Interior, Environment, and Related Agencies Appropriations State and Tribal Assistance Grants Congressional District: Representative Mario Diaz -Balart and Representative Connie Mack Request: Collier County requests $2,400,000 in Fiscal Year 2008 Interior, Environment, and Related Agencies; EPA State and Tribal Assistance Grants funds for the Lely Area Stormwater Improvement Project (LASIP). Problem: The 11,135 -acre area of East Naples has for years experienced an increasing level of drainage- related problems due to development in the area and has historically had severe flooding. Due to the lack of a comprehensive drainage outfall system in the LASIP area, continued development of the area has impacted flood levels as well as water quality. At the present time, the quality of the water is good but will likely deteriorate unless an improved water management outfall system for the area is constructed. Additionally, during above average summers, stormwater runoff has flooded homes and businesses in several areas. " -` Project Description: The LASIP project will provide a coordinated and maintained public stormwater system to serve this approximate 11,135 -acre area of East Naples. This area has been undergoing development activity for many years without a coordinated stormwater management system in place. The LASIP is designed to provide increased flooding protection while improving many of the older ditches and drain channel problem areas and improving discharge water quality. Most of the work involves the deepening and widening of these older ditches and canals, plus adding 16 weirs to hold water levels higher, three spreader lakes to provide improved water quality and discharge characteristics, and one stormwater pump station to rehydrate a wetland slough. To provide increased flooding protection to some existing residential areas, some new canal extensions are also proposed. The LASIP also addresses the problem of water quality. Placement of the spreader lakes with raised discharge control elevations will reduce the current condition of saltwater intrusion backflow during periods of normal high tides. Total Project Cost and Matching Funds: The total cost of this project is $50,235,154 with a cost of $11,617,000 in Fiscal Year 2008. The County purchased 109 acres of land in 2003 for $2.25 million to mitigate for wetland impacts which will be realized during LASIP construction. On June 22, 2004 the Board of County Commissioners approved a stormwater funding policy that provides a. dedicated 0.15 mil of the ad valorem taxes for use on storrnwater related projects over the next 20 years. For More Information: Debbie Wight, Collier County, (239) 774 -8383, debbiewight @colliergov.net Amanda Wood, The Ferguson Group, (202) 261 -3684, awood @tfgnet.com Agenda Item No. 10E February 13> 2007 Page 10 of 23 Val Gelnovatch, The Ferguson Group, (305) 442 -0501, vgelnovatch @tfgnet.com Agenda Item No. 10E February 13; 2007 Page 11 of 23 Interstate 75 /Collier Boulevard/ SR 84 Interchange Project Department of Transportation Appropriations Surface Transportation Program or Interstate Maintenance or Transportation and Community Systems Preservation Congressional District: Representative Connie Mack Request: Collier County requests $5,000,000 in Fiscal Year 2008 Transportation Appropriations, Surface Transportation Programs or Interstate Maintenance or TCSP funds for right of way and construction funds for improvements at the Interstate 75 /Collier Boulevard/SR 84 Interchange. Problem: The interchange at Collier Boulevard /SR 84 and I -75 is currently experiencing a high level of congestion due to the convergence of Davis Boulevard and Collier Boulevard at I -75 and the large growth experienced in the southern portion of the County. This current Interchange serves the east Naples area, Golden Gate City and Marco Island and is the closest interchange from the east to the City of Naples. The ultimate interchange improvements are programmed for design by -_ FDOT in 2007/2008 and the County is seeking right -of -way for the ultimate improvements. Project Description: The project includes separating the Collier Boulevard traffic movements and the Davis Boulevard traffic movements entering and exiting I -75. More specifically, drivers who desire to go from I -75 to CR 951 (Collier Blvd.) will use improved ramps at the existing CR 951 interchange and drivers who desire to go from I -75 to Davis Boulevard will use new ramps on and off the Interstate at the end of Beck Boulevard, just south of the existing CR 951 on and off ramps. These improvements will resolve an ongoing congestion problem in this area and will benefit Marco Island, south and east Naples and Golden City and Estates residents. The improvements will also resolve a long -term congestion problem on Davis Boulevard and SR 951. Though the ultimate design is not yet complete, the conceptual designs for this project have defined solutions for the congestion in this interchange that will meet the existing and future needs at this interchange and on these corridors. The design for this project is programmed in 2007/2008. Funding made available will be used for buying right of way from willing sellers based on the Project Development and Environment (PD &E) Study. The construction phase will begin in 2012. Total Project Cost and Matching Funds: The total cost of this project is estimated at $1.30 million. A PD &E Study was done as part of the Davis Boulevard Study (Davis is programmed to be widened in 2009/2010). FDOT has included design funding in past tentative work plans. Agenda Item No. 1 OE February 13, 2007 Page 12 of 23 For More Information: Debbie Wight, Collier County, (239) 774 -8383, debbiewight @colliergov.net Amanda Wood, The Ferguson Group, (202) 261 -3684, awood @tfgnet.com Val Gelnovatch, The Ferguson Group, (305) 442 -0501, vgelnovatch @tfgnet.com Agenda Item No. 10E February 13, 2007 Page 13 of 23 Coftr Qntnty Emergency Services Technology Commerce, Justice, Science Appropriations Law Enforcement Technology Congressional District: Representative Mario Diaz -Balart and Representative Connie Mack Request: Collier County requests $2,000,000 in Fiscal Year 2008 Commerce, Justice, Science Appropriations, Law Enforcement Technology funding to support the acquisition of public safety equipment for the County's new emergency services complex. Problem: Outdated public safety technology equipment is hindering the ability of local law enforcement officials to work effectively. Project Description: Funds are needed to support the acquisition of public safety technology equipment for the Collier County Emergency Services Center (ESC), which is planned for construction on a 20-acre site on Lely Cultural Parkway, just south of Rattlesnake Hammock Road_ The ESC will be approximately 130,000 square feet, four stories and includes a communications tower. Occupants will include the Emergency Management staff, Emergency Operations Center, Information Technology, Sheriffs Substation and 911 Center, and Clerk of Courts. Equipment needs include cabling, telecommunications devices, monitors, dispatch centers, and antennas. Total Project Cost and Matching Funds: The total cost of technology acquisition for the center will be approximately $10,000,000, with the County already committed to funding the construction of this $60,000,000 complex. To support construction, the State of Florida has provided $3,150,000. For More Information: Debbie Wight, Collier County, (239) 774 -8383, debbiewight @colliergov.net Amanda Wood, The Ferguson Group, (202) 261 -3684, awood @tfgnet.com Val Gelnovatch, The Ferguson Group, (305) 442 -0501, vgelnovatch @tfgnet.com Age, ca Item No. 10E 7ebr ar-y 13. 2007 Page 14 or 23 Coder County Gordon River Pass Energy and Water Appropriations U.S. Corps of Engineers, Operations and Maintenance Congressional District: Representative Connie Mack Request: Collier County requests $3,300,000 in Fiscal Year 2008 Energy and Water, U.S. Corps of Engineers, Operations and Maintenance funds to dredge the Gordon River Pass. Problem: The Gordon River Pass was last dredged in 2002. The pass is in need of dredging this year because shoaling diminishes the water depth in the channel. Project Description: The Gordon River and Naples Bay flow into Gordon Pass. This is the most significant Pass in the county and supports the commercial fishing, the harvesting of stone crabs, sport fishing and tourism industries. In addition, this pass is used by residential and pleasure boaters throughout the County, which supports the County's marinas. The pass has been dredged on average every 4 to 5 years by the U.S. Army Corps of Engineers. The project has received a total of $3.04 million in federal funds since it was authorized. Authorization for the Channel from Naples to Big Marco Pass, Florida is found in House Document 596, 75th Congress, 3rd Session, and House document 183, 86`h Congress, I`t Session. Total Project Cost and Matching Funds: The total cost of this project is $3,300,000. For More Information: Debbie Wight, Collier County, (239) 774 -8383, debbiewight@,colliergov.net Amanda Wood, The Ferguson Group, (202) 261 -3684, awood @tfgnet.com Val Gelnovatch, The Ferguson Group, (305) 442 -0501, vgelnovatch @tfgnet.com Agenda Item No. 10E February 13, 2007 Page 15 of 23 Cotter Crnsnt y Bayshore Drive /Shadowlawn Transportation Corridor Improvements Transportation and Treasury Appropriations Transportation and Community Systems Preservation Congressional District: Representative Connie Mack Request: Collier County requests 51,500,000 in Fiscal Year 2008 Department of Transportation and Community Systems Preservation funds to support design and construction of pedestrian and bicycle safety and access improvements in the Bayshore Drive /Sha.dowlawn Corridor. Problem: Collier County Commissioners identified the Bayshore Drive /Shadowlawn corridor as an area of extreme blight, with a large percentage of residents living below the poverty income level. Improvements are needed to ensure pedestrian safety and quality of life and to spur economic development. Project Description: This corridor, located within the Community Redevelopment Area, is in need of pedestrian and other access improvements. Funding will allow for the creation of a development plan based on the recently completed transportation corridor study. Desired improvements include pedestrian, bicycle, and storm water improvements, a small median and curbing to provide a safety buffer. Total Project Cost and Matching Funds: The total remaining cost of this project is approximately $7,000,000. The County requests 51,500,000 in Fiscal Year 2008 funds. The County has already spent $2,500,000 for land acquisition for stormwater upgrades related to this project. For More Information: Debbie Wight, Collier County, (239) 774 -8383, debbiewight@colliergov.net Amanda Wood, The Ferguson Group, (202) 261 -3684, awood @tfgnet.com Val Gelnovatch, The Ferguson Group, (305) 442 -0501, vgelnovatch @tfgnet.com Aaenda Item No. 10E �erruary 13, 20107 Page 15 of 23 CAr County Collier County Health Care Access Network Department of Labor, Health and Human Services, and Education Appropriations Health Resources and Services Administration Congressional District: Representative Mario Diaz -Balart and Representative Connie Mack Request: Collier County requests $1,000,000 in Fiscal Year 2008 Health and Human Services Appropriations, Health Resources and Services Administration funds to develop a health care access network for the under /uninsured in Collier County. Problem: Collier County has identified over 35,000 residents who lack quality health care. Currently, the County is experiencing overuse of its emergency health facilities. The numbers of uninsured/underinsured will continue to grow as job growth in the area has been strongest among low paying jobs, which typically do not offer health insurance. Project Description: This project seeks to expand, organize, and develop a full access program with a full continuum of services for approximately 35,000 residents needing health care. The initial phase of this project would be adopting a shared infonnation database between the portals of entry for the poor into the system. This shared database would be created and established throughout multiple locations in Collier County. Future phases of the project include marketing and full penetration of the population of uninsured /underinsured individuals. This project will have a significant economic impact, as lack of access to health care leads to diminished physical and economic distress on individuals and communities. Total Project Cost and Matching Funds: The total cost of this project is $5 million. The County requests $1,000,000 in Fiscal Year 2008 funds. Local health care providers have contributed approximately $1,000,000 yearly in services and community foundations provided more than $100,000 last year. Additionally, Collier County Goverment has matched $65,000 of salary funds for one staff person and the Collier County Health Department matches $55,000 in salary cost for the Executive Director. For More Information: Debbie Wight, Collier County, (239) 774 -8383, debbiewight @colliergov.net Amanda. Wood, The Ferguson Group, (202) 261 -3684, awood @.tfgnet.com Val Gelnovatch, The Ferguson Group, (305) 442 -0501, vgelnovatch @tfgnet.com Agenda Item No. 10E February 13, 2007 Page 17 of 23 Ceca ler Cat wiLv South Immokalee Park Community Center Department of Housing and Urban Development Appropriations Economic Development Initiative Congressional District: Representative Mario Diaz -Balart Request: Collier County requests $950,000 in Fiscal Year 2008 Department of Housing and Urban Development, Economic Development Initiative funds for the construction of a community center in South Immokalee Park. Problem: South Immokalee Park is located in South Immokalee, an underprivileged area of the unincorporated agricultural town of Immokalee in northeastern Collier County. Immokalee is designated as a Front Porch Community and a Weed and Seed area. The two structures currently used for community meetings and drop -in programs are in very poor condition. Estimates to bring one of them up to current code far exceeded the value of the structure. Project Description: Federal funds will support the effort to design, permit and construct a 3,000 - square -foot community center building in the open play area of the park. The site is approximately 5 acres and is used as a neighborhood park. The park contains basketball courts, a playground, an open play field, and two structures used for community meetings and drop -in programs. These efforts are supported by the Immokalee Civic Association, Victory in Jesus Church and the Immokalee Master Plan Committee. Total Project Cost and Matching Funds: The total cost of this project is $1,200,000. The County is providing the land on which the community center will be built. For More Information: Debbie Wight, Collier County, (239) 774 -8383, debbiewight @colliergov.net Amanda Wood., The Ferguson Group, (202) 261 -3684, awood@tfgnet.com Val Gelnovatch, The Ferguson Group, (305) 442 -0501, vgelnovatch @tfgnet.com Agenda Iterri No. 10E February 13, 2007 Page 18 of 23 �o�r C:au�ty Collier County Museum Historical Collections Preservation Department of Labor, Health and Human Services, and Education Appropriations Institute of Museum and Library Services Congressional District: Representative Connie Mack Request: Collier County requests $400,000 in Fiscal Year 2008 Health and Human Services Appropriations, Institute of Museum and Library Services funding to support image scanning and other technology that will increase public access to local historical maps and documents. Problem: The Collier County Museum's diverse holdings are one of the largest collections of historical and archaeological materials in South Florida. Despite the County's best efforts, these paper historical documents are subject to deterioration and loss over time. Project Description: This project will ensure the protection of rare collections of primary source documents and provide readily available access to this information to the international community of historians, students and researchers for the very first time. Of chief importance is the impressive map and document collection assembled in the 1920s, 30s, and 40s by David Graham Copeland, the Chief Engineer on the Tamiami Trail building project, who later served in the Florida State Legislature and Collier County Board of County Commissioners. The Copeland collection serves as a paper record of some 3,500 hand -typed records and map tracings that span the entire history of Florida. Funding will support immediate conservation, scanning, cataloguing and access to meet the public's information and research needs. Total Project Cost and Matching Funds: $400,000 in federal funding will preserve and make publicly available a significant number of these historical documents, though future funding may be pursued for additional preservation efforts. The Collier County Museum will provide staff and equipment to complete this phase of the project. For More Information: Debbie Wight, Collier County, (239) 774 -8383, debbiewight &colliergov.net Amanda Wood, The Ferguson Group, (202) 261 -3684, awood@tfgnet.com Val Gelnovatch, The Ferguson Group, (305) 442 -0501, vgelnovatch @tfgnet.com Agenda Item No. 10E February 13, 2007 Page 10 of 23 COT e,r Ctrwnt'y Collier County, Florida Fiscal Year 2007 Federal Agenda August 3, 2006 Status Update PROJECT DESCRIPTION OF PROJECT STATUS l I -75/ Everglades Project The only east -west routes between the Development and eastern Estates and Naples area Environment Study activity /employment centers are Golden No Funding Included in House or Gate Boulevard and Immokalee Road. Senate Bills $2,000,000 While the western portion of The Transportation and Estates and Golden Gate City have Awaiting Senate Passage and Treasury Appropriations access to interchanges at Immokalee Conference Interstate Maintenance, Road, Pine Ridge Road, County Road Surface Transportation 951 (Collier Boulevard) and the new Program, or TCSP interchange being constructed at Golden Gate Parkway, residents of the eastern portion of The Estates have no access to Interstate 75. The lack of an interchange at Everglades Boulevard forces additional traffic onto already congested portions of Interstate 75, affecting not only local but regional traffic on the Interstate. 2 Lely Area Stormwater The Lely Area Stormwater Improvement Project Improvement Project is the proposed No Funding Included in I-louse or construction of a master - planned surface Senate Bills $2,400,000 water management system which will Interior and Environment provide a comprehensive stormwater Awaiting Senate Passage and Appropriations outfall system for an fl, acre area of Conference State and Tribal East Naples. This area has for years Assistance Grant experienced an increasing level of drainage related problems as growth has continued in the area. Available data indicates that water quality is generally good at present but could be expected to deteriorate unless an improved water management outfall system for the area is constructed. Project elements include construction of and/or rehabilitation of existing ditches, canals, lakes, pipes and water control structures. Agenda Item No. 10E Qdruary 13, 2007 3 1 -75 Collier Boulevard The interchange at Collier SR 84 Interchange Boulevard/SR 84 and 1 -75 is currently experiencing a high level of congestion $500,000 in House Bill; No $5,000,000 due to the convergence of Davis Funding Included in Senate Bill Transportation and Boulevard and Collier Boulevard at I -75 Treasury Appropriations and the large growth experienced in the Awaiting Senate Passage and Interstate Maintenance or southern portion of the County. This Conference Surface Transportation current Interchange serves the east Program Naples area, Golden Gate City and Marco Island as well as the closest I interchange from the east to the City of Naples. The ultimate interchange improvements are programmed for design by FDOT in 2007/2008 and the County is seeking right -of -way for the improvements. I I I 4 Health Care Access for The project seeks to develop a health the Uninsured care access program for individuals f $100,000 in House Bill; No i under /uninsured in Collier County. Funding Included in Senate Bill $1,000,000 Using volunteer physicians, the project Labor, HSS and connects individuals who require health Awaiting House and Senate Education Appropriations care to free services donated by local Passage and Conference HRSA health care providers. The project seeks to expand, organize, and develop a full access program with a full continuum of E services for a population of I approximately 35,000 identified as I needing health care I 5 1 1 Naples Zoo and The Naples Zoo sits on 43.5 acres. Pedestrian Park Much of the surrounding land is No Funding Included in House or environmentally sensitive and contains Senate Bills $1,000,000 the headwaters of the Gordon River. Transportation and The project will develop the lands i Awaiting Senate Passage and Treasury Appropriations surrounding the zoo for passive j Conference Economic Development recreation. Collier County voters Initiative approved a referendum for $40 million to purchase the property in 2004. The jTrust for Public Land purchased the land for $67.5 million and is selling 129 1 j acres to the county for $42 million. l Agenda Item No. 10E February 13, 2007 6 South Immokalee Park Community Center $950,000 Transportation and Treasury Appropriations Economic Development Initiative The site is approximately 5 acres, is used as a neighborhood park, and is located in South Immokalee, an underprivileged area of the unincorporated agricultural town of Immokalee in northeastern Collier County. The project will design, permit and construct a 3000 square foot community center building in the open play area of the park. $250,000 in House Bill; No Funding Included in Senate Bills Awaiting Senate Passage and Conference 7 Transit/ Paratransit Funds will support the construction of a Operations Facility transit /paratransit operations facility for No Funding Included in House or Collier Area Transit. Collier Area Senate Bills $2,000,000 Transit (CAT) transported 324,037 Transportation and passengers in Fiscal Year 2002 and Awaiting Senate Passage and Treasury Appropriations transported 627,823 passengers during Conference Bus and Bus Facilities fiscal year 2004. In Fiscal Year 2005 CAT transported over 950,000 passengers. The paratransit operation transports an average of 500 passengers daily. Collier Area Transit is currently utilizing borrowed space at a County maintenance facility for operations of the transit and paratransit system. 8 Stormwater Drainage Basin III serves a drainage area of 503 Basin III Water Quality acres that is bounded by the Gulf of No Funding Included in House or and Flood Mitigation Mexico, Naples Bay, on the south by Senate Bills 14`h Avenue South, and north by 2nd $1,500,000 Avenue South. The stormwater Awaiting Senate Passage and Interior and Environment infrastructure improvements include Conference Appropriations additional storm sewers to increase flow State and Tribal and reduce street flooding and Assistance Grant operational and capacity upgrades to the existing Cove Pump Station. Agenda Item No. 10E February 13, 2007 Page 22 of 23 UJIP OFFICE OF THE CITY MANAGER TELEPHONE (239) 213 -1030 • FACSIMILE (239) 213 -1033 735 EIGHTH STREET SOUTH • NAPLES, FLORIDA 34102 -6796 February 6, 2007 Mr. Jim Mudd, County Manager Collier County, Florida Collier County Government Complex 3301 East Tamiami Trail Naples, Florida 34112 Dear Jim: Please consider this an amended letter of request adding the dredging of Gordon Pass to the list of federal funding opportunities for projects you will be discussing with the County's Lobbyist. The City has five specific projects that will require special funding in order to complete them. They are as follows: Gordon River Greenway Crossing - This will be a pedestrian and bicycle pathway connecting a City Park and Downtown Naples to the pathway system on the east side of the Gordon River. This connecting bridge is a critical link in the "Greenway Master Plan," which is a multi - recreational pathway system proposed for the eastern side of the Gordon River and extending several miles north. The plan also prescribes overlook areas along the River. In addition to the recreational and health benefits that will be realized for the public, an ecological education component will bring greater awareness to and appreciation for our natural environment. The estimated cost for this connecting bridge is $1.5 million and the City has committed $200,000 towards design and permitting which is currently under contract. We need the remaining $1.3 million in special funding. Naples Bay Restoration — Naples Bay is an extremely valuable natural resource for the City and Collier County. Over time, through a combination of new development, population growth, and increased commercial and recreational uses, the Bay has become an impaired waterway. However, the South Florida Water Management District will assist us by providing a Surface Water Improvement and Management Plan that establishes a framework for guiding the restoration process. Additionally, the Florida Department of Environmental Protection will be establishing levels for the maximum daily volumes of pollutants that can enter the Bay. It will also require the polluters to clean up their proportionate share of the problem. The estimated cost for the remediation work is $25 million. We are asking for an initial $5 million to be earmarked to assist us with this project. i Agenda Item No. 10E February 13, 2007 Page 23 of 23 • Citywide Bike /Pathway System — In response to the national epidemic of obesity, Childhood Diabetes and the related health issues, alternative modes of transportation are being encouraged as a method to address these problems. Particularly, as we plan our cities and towns, we should be designing walkable and bikeable communities. The City has put in place, within select areas of the community, master plans and form based codes to create compact, walkable, mixed -use environments that allow people to live, work and play within walking distance of their homes. To further enhance the objective of creating healthier lifestyle alternatives for residents and visitors, the City is actively pursuing a community -wide pathway system to better accommodate walking and bicycling to various activity centers and popular attractions within the City. A proposal to complete the plan is currently underway. The cost of the project is estimated at $4 million. We are requesting $2 million be earmarked for this important project. Fleischmann Park Recreation Center — Fleischmann Park is a 15 -acre Regional Park located in the heart of the City. The park serves people beyond the City and even beyond our County borders, and its use continues to increase as a result of the tremendous growth in our County. The park lacks a desperately needed recreation center to house the many types of community events and activities that are necessary to provide a full and meaningful recreation opportunity for the users of the park, particularly the youth of our community. The new center would also become a focal point for numerous educational, social, cultural and athletic programs. The estimated construction cost for the facility is $5 million. We are requesting $2 million be earmarked to assist with this project. • Dredging of Gordon Pass - Over time, Gordon Pass begins to fill with sediment due to sand moving laterally along the shoreline and then settling in this opening to Naples Bay. Further, the daily action of boats coming and going over a period of years creates erosion along the shoreline and that material tends to settle in the federal channel. This requires a periodic dredging of the pass and federal channel to allow navigation to continue both within Naples Bay and in its outlet to the Gulf of Mexico, Gordon Pass. As the time for a new dredging is fast approaching, the City is receiving information more frequently from boaters indicating that they have run aground or observed shoaling. The U.S. Army Corps of Engineers made a preliminary survey of the federal channel and determined that 57,000 cubic yards of material will need to be removed from the channel. They estimated the cost to be just under $3,000,000, and they now need the funding to move forward with more detailed engineering and design. Therefore, we are requesting the $3,000,000 for this project. Again, thank you for your time and assistance with this Jim. I look forward to discussing these projects with you further. In the meantime, you mentioned that Collier County was preparing a list of seven or eight projects. Please share them with me. We may be able to work together to jointly support a couple of our projects, thus providing a more competitive request for funding. Please notify me if you need more detailed information or backup for the projects I have listed. Sincerely, 0� Robert E. Lee, DPA City Manager cc: City Council Department Directors Agenda Item No. 1 O February 13, 2007 Page 1 of 4 Executive Summary Staff Report for the Northeast Regional Utility Facility Community Advisory Panel request for consideration of an alternative buffer, Project Numbers 70902 and 73156. OBJECTIVE: The public purpose of the Northeast Regional Utility Facility is to provide water and wastewater treatment facilities to meet utility services demand in the northeast region of the County. This action is to request direction from the Board of County Commissioners (Board) regarding the Community Advisory Panel (CAP) request for an alternative buffer along the northern boundary of the Northeast Plant Site. CONSIDERATION: The 2005 Wastewater and Water Master Plan Updates approved by the Board on June 6, 2006, Agenda Item 10 (B), includes projects for the study, design, and construction of a new Water Treatment Plant and Water Reclamation Facility (Facilities) to replace the existing Orangetree Utility and serve new customers in the northeast region of the County. The Planned Unit Development rezone application was approved by the Planning Commission on June 16, 2005, and by the Board on July 25, 2005, agenda item 8E. Staff presented an enhanced vegetative buffer that conforms with and exceeds the County LDC. The "type C" landscape buffering requirements are a 20 -foot wide buffer with 10 -foot trees installed 30 -feet on center in staggered rows (two) with either a six -foot fence, hedge, wall or berm to create an opaque condition within one year. Along the northern property boundary, the County committed to install 12 -foot tall trees in the buffer and 16 -foot tall trees in some strategic locations (e.g. across from dead end streets and to break eye level views along the north side of the site). As a further enhancement, the 16 -foot tall trees will be installed 25 -feet on center in two staggered rows rather than the LDC required 30 -feet on center. The proposed buffer plan provides a row of native shrubs between the rows of trees that will not be trimmed, but rather will be allowed to grow to a mature height of 10- to 15 -feet. The County proposes to install this enhanced "type C" buffer around and, in some areas, on top of a storm water management berm required around the perimeter of the site. Staff continues to meet regularly with the CAP to exchange information concerning the planning, construction, operation and maintenance of the Facilities. The CAP expressed concerns with regard to the visual aesthetics and noise attenuation characteristics of the proposed landscape buffer and offered an alternative buffer plan. The CAP initially requested an eight -foot (8') earth berm or an eight foot (8') concrete or masonry wall supplemented with landscaping along the north property line of the site. After reviewing the comparative cost and site impact of an earth berm at a meeting with County staff on 30 January 2006, the CAP modified their request to include an eight foot (8') concrete or masonry wall supplemented with LDC required landscaping. The cost for this further "� enhancement to the perimeter buffer is an estimated additional $885,195 (see attached igerid item No. 1 O February `3; 2007 P a o e 2 of 4 Exhibit A). The content of this executive summary has been reviewed and approved by John "Take" Sullivan, the chairman of the CAP. FISCAL IMPACT: The additional cost for the CAP requested enhancement to the perimeter buffer is estimated to be approximately $885,195 (see attached Exhibit A). Funds for this project are available in Water Impact Fee Fund (411) and the Wastewater Impact Fee Fund (413), Projects 70902 and 73156; however this additional expenditure was not contemplated in the original project budget. Upon completion of the Site Improvements to the Northeast Facility, an equitable, pro -rata portion of the land and site improvement costs will be charged to appropriate Solid Waste and Parks and Recreation funds. GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the Goals, Objectives, and Policies of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, as the Ex- officio Governing Board of the Collier County Water -Sewer District: Provide direction to staff whether to proceed with the design and construction of the proposed enhanced perimeter landscape buffer or to construct the CAP requested perimeter buffer which includes an eight (8') foot wall. PREPARED BY: Alicia Abbott, Senior Project Manager, Public Utilities Engineering Department. an;;a Herr No, ^Ur brcary 13. 2007 Page of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: "OF Item Summary: Staff Report for the Northeast Regional UrdiU, Facility Ccmmurnr 'Advisory t'anel lea,uest for ccnsloerahon of an alternative buffe, consideration, Prcjec'. No 709D2 and 73 56 (J -r� DeLcny. A.amulisuato, . Fubhc Utli nos) Meeting Date: 2173;2067 9 50:00 F;M Prepared By Alicia Abbott, E.I. Project Manager Date Public Utilities Public Utilities Engineering 108;2007 10:05.41 AM .Approved By William D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 211!2007 12:03 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 212;2007 12:01 PM Approved By Rov B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 2/212007 1:59 PM Approved By ,lames W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 2/212007 2:48 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 215/2007 7:26 AM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Managers Office Office of Management & Budget 215 ;2007 10:51 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 215/2007 1:01 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 21612007 11:35 AM Commissioners r=e1�ruary 13, ?r, r.7 Page 4 of 4 Executive Summary - Exhibit A Opinion of Probable Cost CAP Requested Buffer Alternative February 1, 2007 (Provided by Wilson Miller) Proposed Buffer Plan A — Type "C" Enhanced Landscape Buffer along North Property Line with Shrubs and Grasses Landscaping Cost per Lineal Foot Trees 16', double row, 25' OC staggered spacing $49.00 Shrubs, 5' tall, 4' spacing 26.00 Native Grasses, 3 gal.* 13.00 Sod, 15' wide 4.50 Mulch 16.00 Irrigation 31.00 Water management berm, + / -2' high (average) 24.00 Fence (chain link security) 28.00 Total per foot $191.50 Proposed Buffer Plan A along north property line (7470 L.F) $1,430,505 CAP Proposed Buffer Plan B — Type "C" Landscape Buffer along North Property Line with Wall Landscaping Cost per Lineal Foot Trees 16', double row, 12.5' spacing* $49.00 Sod, 35' wide 10.00 Mulch 2.00 Irrigation 46.00 Water management berm, + / -2' high 24.00 Wall, 8' tall, precast concrete 179.00 Total per foot $310.00 CAP Proposed Buffer Plan B along north property line (7470 L.F) $2,315,700 Additional Cost for CAP Proposed Buffer Plan B $885,195 Note: Trees at non - critical views are 12' tall and spaced 30' OC in two staggered rows for both Buffer Plans. Agenda Item h +o. 10G February 13. 20G7 Page 1 of 4 11 EXECUTIVE SUMMARY Recommendation to approve budget amendments for $38,198,334.09 to transfer projects from various Water and Wastewater capital projects funds to a 2006 Revenue Bond Proceeds Fund. OBJECTIVE: Recommendation that the Board of County Commissioners approve budget amendments for $38,198,334.09 to transfer projects from the various water and wastewater capital projects funds to a bond proceeds fund to segregate projects funded by the 2006 Revenue Bond. CONSIDERATIONS: On November 14, 2006, item 10I, the Board authorized Collier County Water -Sewer District to issue revenue bonds, series 2006, in the aggregate principal amount not to exceed S120,000,000. The Public Utilities Division worked with the County's Finance Committee and Financial Advisor and received $112,290,277.35, S65,248,650 of which was earmarked to fund capital projects and $38,000,000 to pay off existing commercial paper loans. The balance of $9,041,641.79 was applied towards setting up a reserve for debt service, underwriters discount, capitalized interest, and cost of issuance. The bond proceeds were deposited in the County Water /Sewer Bond Fund (415). Some of the projects that are likely to be funded by the bond proceeds are currently in the various water and wastewater capital project funds adopted by the Board on September 21, 2006. The budget for these projects in FY 2007 is $38,198,334.09. To facilitate proper accounting and monitoring of the bond proceeds, it is prudent to move the applicable projects from the various capital project funds to the revenue bond fund where such projects can be tracked. Out of the $65,248,650 earmarked for the funding of capital projects, $38,198,334.09 is recommended to be moved to Fund 415 at this time. As other budgeted projects are specifically identified when they are closer to the construction phase, it is preferable to move such projects into Fund 415. The total of such projects to be identified as fundable by the revenue bond will equal $27,050,316. FISCAL IMPACT: The proposed budget amendments do not change the overall budget amounts or the intent of the projects. However, they do segregate the projects in the appropriate fund for proper monitoring purposes. Budget amendments to decrease amounts in the various capital project funds and increase the projects in the 2006 Revenue Bond Proceeds Fund (415) in like amounts are needed as follows: Decrease Fund # Proiect # Title Amount 411 Water Impact Fee Fund 701511 CR 951 -36" WTM -Davis Blvd. to RSH Road $10,529,409.79 701521 CR 951 -30" WTM -RSH Road to US 41 $9,609.539.51 709021 NERW T P -New 10 MGD i $5,689,086.63 Agenda Etem [io. 1 O- G February 13.. 2007 c' e2of4 Decrease: Fund # Pro'ect # Capacity Amount 412 Water User Rate 708991 NERWTP Phase IA Wellfiled for 10 MGD $2,665,707.59 Total 411 Re] i abili ty/Repla cement $28,493,743.52 Decrease: Fund # Pro'ect # Title Amount 412 Water User Rate 710511 South Hawthorn $5,008,927.49 Fund Re] i abili ty/Repla cement Total 273412 $5,008,927.49 701522 Wells $9,609,539.51 Total 412 $5,008,927.49 413 Wastewater Impact Fee Fund 731561 Northeast Water Reclamation facility $4,695,663.08 Total 413 $4,695,663.08 TOTAL $38,198,334.09 DECREASE Increase Countv Water Sewer Bond Fund (415) Fund Center # Project # Title Amount 273411 Water Impact 701512 CR 951 -36" WTM -Davis $10,529,409.79 Fee Proj. Blvd. to RSH Road Total 273412 $5,008,927.49 701522 CR 951 -30" W "I'M -RSH $9,609,539.51 Road to US 41 709022 NERWTP -New 10 MGD $5,689,086.63 Capacity 708992 NERWTP Phase 1A $2,665,707.59 Wellfiled for 10 MGD Capacity Total 273411 $28,493,743.52 273412 Water User 710512 South Hawthorn $5,008,927.49 Rate Projects Reliability/Replacement Wells Total 273412 $5,008,927.49 263413Wastewater Impact Fee Proj. 731562 Northeast Water Reclamation facility $4,695,663.08 Total 273412 $4,695,663.08 TOTAL $38,198,334.09 INCREASE GROWTH MANAGEMENT IMPACT: None. Agenda iterr No. IOG b%iary 13.2007 Face 3 of 4 RECOMMENDATION: Recommendation that the Board of County Commissioners, as Ex- Officio the Governing Board of the Collier County Water -Sewer District, approve budget amendments totaling $38,198,334.09 to transfer projects from the various capital projects funds to the 2006 Revenue Bond Proceeds Fund (415) PREPARED BY: Bala M. Sridhar, Senior Management & Budget Analyst, Public Utilities- Operations figenda Item Nc. `0�3 _ Fel7r,4ary 13, 2007 Page 1 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: F. - cornmenddt +nn to aprrove. budget ain2ndmants for v3H 19F 334.09 to frar ,ter p -oje is from vanous Wale, and 1vastewz ter cap[tat projects Lords to a 2006 Revenue Bond Froceeds FUrrd iJim CieLOny. r.dmnuslrater. Public llil!iti =sl Meeting Date: _Y13i200? 9G0 pO .;M Prepared By Bala Sndhar Senior Managemmu Budge!. Analyst Date Public Utilities Public Utilities Operations 1124/2007 8:1040 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 112412007 10:58 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 1!2512007 11:08 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/2612007 7:55 AM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Managers Office Office of Management & Budget 2Mt2007 5:54 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 21112007 3:10 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 21112007 7:25 PM Commissioners Agenda stern No. 10H February 13, 2007 Paae 1 of 6 EXECUTIVE SUMMARY Recommendation to approve spending up to $35,000 for appraisals, pre- contract expenses, to authorize a non - binding Letter of Intent, commence negotiations for the purchase of Gawn Fishin', LLC property located in Everglades City and approve the attached Budget Amendment. OBJECTIVE: That the Board of County Commissioners approves the attached Letter of Intent for the Gawn Fishin', LLC property (Property) located in Everglades City and authorize commencement of negotiations and due diligence expenditures by staff. CONSIDERATIONS: Collier County Parks and Recreation Department has been actively searching for potential properties for boat docks. The Property is roughly 52 acres and currently has 48 boat slips constructed. In addition, there is approximately 815 feet of existing boardwalk. This Property, has the potential of accommodating multiple County functions. A location map is attached for reference. Staff is desirous of purchasing the Property for recreational purposes, recycling, airport hangars and other potential uses by the County. Seller has been actively marketing the Property, and because of the time needed for completion of two appraisals, a legal requirement before the Board can approve a purchase agreement, Owner has requested a good faith expression of the Board's desire to pursue this acquisition. The attached Letter of Intent is non - binding but allows the County to commence its due diligence investigation and appraisal of the Property and to prepare an Agreement for Sale and Purchase for the Property for the Board's consideration. The asking price is $18,500,000. Real Estate Services in -house appraiser has estimated the value of the Property at $13,500,000. Staff is recommending that a purchase price be negotiated with the owner based on the average value of the two independent real estate appraisals. If acceptable to the Seller, an Agreement will be brought back to this Board for consideration. FISCAL IMPACT: Funds not to exceed $35,000 are available in Parks Capital fund 306 reserves. GROWTH IMPACT: None at this time. Assuming the land was acquired, it would be included in the Parks Capital inventory. RECOMMENDATION: That the Board of County Commissioners: 1. Approve spending up to $35,000 for appraisals and pre - contract expenses; and 2. Approve the attached Letter of Intent to purchase the Gawn Fishin', LLC property located in Everglades City; and ,— 3. Authorize the County Manager to sign the Letter of Intent; and 4. Approve the attached Budget Amendment. PREPARED BY: Jason Bires, Property Acquisition Specialist Real Estate Services /Facilities Management '.-icrldF Item No, 10TH February 1 20(37 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMI-.SIONERS Item Number: —H Item Summary: iris rtenr to tie fwa,cf at 11 45 a r, . Rec,,Dmrnenoatic, tc gpnzc,,vc- spendmg, up &T) for jp-,raisais pre- :;orr;iacl expenses to authorize a. non ,)ind.nq Letter o' Intent commence negol,aLi,ns f• Ire pk,i,,-hale o: Gawn Fir*in Li C pr)per1v looatecl in EverclE),i s 0tv and approve the atlacr)PJ Budget mrnei-drner,i Wwi Fla,iisey Acm*rijsvalo,, Puph- Servlces, Meeting Date: 211 31200- 9 00 0,) AM Prepared By Jason B,res Property ACqLllSltl0r SPeClallSl Date Administrative Services Facilities Management 217;2007 ?:57.47 AM Approved By James V. M.dcl County Manager Date Board of County County Manager's Office 21712007 4:38 PM Commissioners `,:i_ida liem 10AI "'eb uafy 1.3. `'Jr! Page 3 of 3 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, FL 34112 • 239- 774 -8383 • Fax 239 -774 -4010 February 7, 2007 Zannos Grekos Athina Kyritsis Gawn Fishin' LLC 2950 Tamiami Trail North. Suite 16 Naples, Florida 34103 RE: The proposed purchase of property in Everglades City, Florida, consisting of 52 Acres, more or less, including portions of Tracts J, K, N, O, P & Q, "Town of Everglades" located in Sections 14 & 15, Township 53 South, Range 29 East, Everglades City, Florida, together with any an all condominium units and other property rights and interests located thereon or appurtenant thereto. Dear Mr. Grekos & Ms. Kyritsis: At the direction and on behalf of the Board of County Commissioners of Collier County, I am writing to express the Board's intent to purchase the above- referenced property. It is our desire to submit the following proposal outlining the basic terms and conditions under which we would enter a purchase contract for your property: 1. Buyer: Collier County, a political subdivision of the State of Florida 2. Seller: Gawn Fishin', LLC, A Florida Limited Liability Company 3. Lot Size: Approximately 52 Acres niol of land. A final survey shall determine the exact size. 4. Purchase Price: 513,500,000 or the average of the two appraisals. It should be noted that two appraisals are required by law before the Board can approve the purchase of this property. These appraisals will be done at the buyer's expense. By signing below Seller consents to inspection of the property by the appraisers, subject to prior notice of same. 5 0 9 Agen la Item No. 10H ebrcary 13. 2007 Page 4 of 6 Inspection Period: Buyer shall have sixty (60) days (Inspection Period), which will begin as of the date of acceptance of this letter of intent, within which to conduct an investigation of all aspects of the property (including but not limited to review of survey; title matters; environmental studies; determination of satisfactory legal access and developability of the property for buyer's intended use). Buyer will be responsible for the costs of all tests and reports ordered, as well as any damage to the land which may result from such inspections or tests. By signing below, Seller consents to Buyer's entry, inspection and investigation upon the property for these purposes. Materials to be supplied by the Seller: The Seller shall supply any reports in the possession of the Seller such as, appraisals, environmental assessments of the property, environmental permits, soil tests, traffic studies, zoning documents and surveys of the property. Buyer's Reasonable Diligence: During the Inspection Period, Buyer will exercise reasonable diligence to investigate all aspects of the property and satisfy itself as to all issues relating to the title, physical condition and use of the property. Purchase Contract: Seller and Buyer shall use their best efforts to negotiate an Agreement for Sale and Purchase such that it will be acceptable for execution by seller and ready for consideration and approval by buyer within sixty (60) days after acceptance of this Letter of Intent. Broker Disclosure and Commissions: Seller has retained the services of a real estate broker and will be solely responsible for all brokerage fees and agent commissions. 10. Acceptance by Seller: Upon acceptance of this Letter of Intent, which will be evidenced by Seller's signature below, Seller acknowledges their willingness to commence negotiations for the purchase of the property and guarantees confidentiality as to the terms and ,%genua ]T-_m No. "OH February 13, 2007 Page 5 of ,3 conditions of all contract negotiations with Buyer as provided for herein. 11. Closing: Final Closing shall take place within sixty (60) days following the approval of the Agreement for Sale and Purchase by the Board of County Commissioners at a location within Collier County, Florida as mutually decided by both Buyer and Seller. This non - binding Letter of Intent is subject to the mutual approval and execution of a final Purchase Contract by the parties. Buyer and Seller, and their respective agents, agree not to disclose the terms of this proposed transaction, including appraisal results, to any third party except their legal and / or financial advisors, until negotiations between the parties have concluded and /or a proposed purchase contract is prepared for presentation to the Board of County Commissioners. If the foregoing terns are acceptable to the Seller, please indicate on the appropriate signature lines above and return the signed copy to me. Sincerely James V. Mudd County Manager Sellers: ACCEPTED AND AGREED to 2007. Gawn Fishin', LLC a Florida limited liability company Athina Kyritsis, Manager WE Zannos Grekos, Manager ' rau , w � r , " +., y, + •,,:.4, }a�w+ �+'�^ , ��,_, h �� �. 'Fr.�' ��' r. >a^' � � wm,; t � s�'d.h�`� � aMa+u+a X16 "ws? ,� rS+�. 6�` '� ^t MAT, MOVIES- 4�' full . r r Y, FSm �. r. I" • i` , �:.. '� .. `.. � 1= .r,,y� � ., -... •,,ry' ham+ r:Md S ' Ml ` R . � via.• ,� ., ..;, '" � :ca - ._. a � r gg g a WOO 17 bocci I fly 9 �LStY' T C - �aof; COLLIER COUNTY BOARD U'1' COLN—Y %;OP:iP.'1!SSIOIJEP.S Item Number: Item Summary: L.SE � � hl M- ::: 00 dour 7-f, sn?rd Ire FnuhvP s .. ^n wail d , i setts .meat and ti alepy r' atr 4 ;o Irt a yi.on ext e �ses in the pennrng iitia',t�on ca, � _ of D�wign! E :'rock Uerk of - ::o.,rt= `. -Ul;ei "ounty. 1-1w;dc, GOarQ of :-o: riiy C a .. i. ssion,.r, c'" Coiiie 'ounly, . a i, a''?he Cahnp+r, Atcaa die r n1' _ ul '.eryency Medical a1' f-e:aai 7 axing District allVt 7r7e Cicho, ee Foe Cnst:ict Linda T. >wi^ -her and Paul 'N J - /son, Ca<e PJn. 04 ga CL consciidatea ,,V, uard v` -ounrY Comrnissumerc of olller Co ❑rry f:•londa vs Dwign; E. Brock Gerk cf the Circ.nl Court of CoOher Gcunly- Flonoa C .e Wrnbe U,9`3-C.` nnsopdaie. min Case 1,40 OF- 150,3 -CA Meeting Date: 2!131'200 ?971ft00;H Approved By David C. Weigel County Attorney Date County Attorney County Rhone,! Office 2/112007 12'05 PM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management & Budget 211!2007 4:31 PM Approved By Michael Smykowski Management & Budget Directcr Date Couny Manager's Office Office of Management & Budget 2/;260? 4.56 PM .Approved By James V. Mudd County Manager Gate Board of County County A'.anager's Office 21112007 6:48 PM Commisswners Agenda Item No. 12A February 13, 2007 ?age 2 of 2 NOTICE OF CLOSED ATTORNEY- CLIENT SESSION Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the Board of County Commissioners will meet in executive (closed attorney - client) session on TUESDAY, February 13, 2007, at time certain 12:00 noon, in the Commission conference room, 3rd Floor, W. Harmon Turning Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James Mudd, County Attorney David C. Weigel, Chief Assistant County Attorney Michael W. Pettit and Assistant County Attorney Jacqueline Williams Hubbard, and Theodore Tripp, Esq. will be in attendance. The Board in executive session will discuss: Settlement and strategy relating to litigation expenses in the pending litigation case of Dwight E. Brock, Clerk of Courts v. Collier County, Florida, Board of County Commissioners of Collier County, Florida, as Ex -Officio Governing Board of The Ochopee Area Fire Control & Emergency Medical Care Special Taxing District, A/K/A The Ochopee Fire District; Linda T. Slvisher and Paul W. Wilson, Case No. 04- 941 -CA consolidated with Board of County Commissioners of Collier County, Florida vs. Dwight E. Brock, Clerk of the Circuit Court of Collier County, Florida Case Number 05- 953 -CA consolidated with Case No. 05- 1506 -CA. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK by: /s/ Patricia L. Morgan Deputy Clerk (SEAL) Apencia Item No, 1128 Fe 13. 2607 Page , of 1 COLLIER COUNTY BDAP.I.) OF CC)UNTY C0,10MISSIONERS Item Number: 1-1-, Item Summary: This iter-c 1 t,a-d rr. 1 D0 ri 71 Bo ird Otifl, uo'! [a Cc.urft, Attorney re-121inq ra !I, 9at or, "I in D-1W L. [Ffoct, Cefk 01 C i s -1 ;oilief Count, Florida, EDard of County ida as Ey I -c,lnT'lsp,)qe:s 3i Cc-uqt,, Flo,, I)Hjo,c C;uvefj�ing Board of 1he Ock,-pee I rca Fitt -m-fol Ve-J;Lai "are Sp,uai Dimnct, AiKIA Fria Octl epee Fire Ejisur;t, L,jjdL T ivnshet and f:,jjl I, ,/cs(,i, '_ase Hit,, 04-941-CA with ,' f,mmty Cxr-imssizrjct or County ricnida vs Dwight E Brock :,IEm o' the Clr-ul Court of '-ofllef ccu,-ty. I tLrldh Cafe !"Aimue, 05-H,3-CA consolidated wltil Case r40 � IE)06-(14 now perk nq in the Twentieth JL,d,ca[ CirCU't in and for Collier County. Fiw-Aa Meeting Date: 2il "i 'Clo -, D F)CI DO /,M Approved By David C. Weigel county Ptionley Date County Attorney County Attorney Office 211!2007 12:06 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 2!2!2007 7:30 AM Approved By Michael Smyko—ki Management & Budget Director Dace Courtin, Manager's Office Office of Management & Budget 2,2!2007 8:26 AM Approved By James V. Mudd County rjartager Date Board of County County Manager's Office =12007 12:26 PM Commissioners Ir-ebruary 13, 2007 rage i of 13 EXECUTIVE SUMMARY Recommendation to approve an Interim Management Plan for the Brochu property under the Conservation Collier Land Acquisition Program OBJECTIVE: Request approval of the attached Interim Management Plan for the Brochu property and direction to the County Manager, or his designee, for its implementation. CONSIDERATIONS: The Conservation Collier Ordinance, 2002 -63, Section 14(1), requires that, no later than sixty (60) days from the date of acquisition, an Interim Management Plan shall be submitted by County staff to the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) for approval. Upon approval, the Plan shall be submitted to the Board of County Commissioners for final approval and shall be implemented according to the Board's direction. Subsequent to the Interim Management Plan, a final plan is to be presented to the Board within two (2) years. The Brochu property was acquired on August 25, 2006. The Interim Management Plan was drafted and presented for approval to the Lands Evaluation and Management Subcommittee on October 6, 2006, within the required time frame. On January 8, 2007, after making revisions recommended by the subcommittee and with the subcommittee's recommendation for approval, staff submitted the Interim Management Plan for the Brochu property to the full CCL-AAC. The CCLAAC unanimously recommended approval. FISCAL IMPACT: The costs of land management activities for the first year have been estimated to be $20,600. The recurring annual costs are estimated to be between $1,000 and $4,500. Funds are budgeted within the Conservation Collier Land Management Fund to accomplish these activities. Staff will seek grant funding to assist in reducing these costs. GROWTH MANAGEMENT IMPACT: Management of Conservation Collier lands to support appropriate public access is consistent with and supports Policy 1. 1.6 and Objective 1.3 in the Recreation and Open Space Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002 -63), in Section 14, provides a legal framework for development of management plans and for use of environmentally sensitive lands. Recommendation of the Interim Management Plan for the Brochu parcel by the Conservation Collier Land Acquisition Advisory Committee for Board approval falls within this legal framework. RECOMMENDATION: That the Board of County Commissioners approve the attached Interim Management Plan and direct the County Manager, or his designee, to implement it for the Brochu parcel. PREPARED BY: Alexandra J. Sulecki, Senior Environmental Specialist, Conservation Collier Program, Environmental Services Department IrieridF, Item Pia. 16A1 Fcbraary 13. 2007 Page 2 cJ 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Recommencahor, lc approve as, Interim Manayemern Plan for the Bruchu property under the Conservanon Gower Land NCquisit ar Prcgram. Meeting Date: 2!13l2GG- 9:00 OC 0,1 Approved By Constance A. Johnson Operations Analyst Date Community Development 8 Community Development 8 1f1112007 7:53 AM Environmental Services Environmentat Services Admin. Approved By William D. Lorenz. Jr.. P.E. Environmental Services Director Date Community Development 8 Environmental Services 1!121200711:16 AM Environmental Services Approved By Marlene Stewart E%eGLTII re Secretary Date Community Development 8 Community Development & 1122!2007 3:30 PM Environmental Services Environmental Services Admin. .Approved By Community Development & Joseph K. Schmitt Environmental Services Administrator Date Community Development 8 Community Development 8 t 12212407 8:17 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 112412007 8:25 AM Approved By ' Laura Davisson Management 8 Budget Analyst Date County Manager's Office Office of Management S Budget 112412007 9:23 AM .Approved By Mark, Isackson Budget Analyst Date County Manager's Office Office of Management 8 Budget 11241200710:05 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 112612007 2:5G PM Commissioners Agenda Item No. 16A1 Feb; oary 13, 2007 Page 3 of 13 Conservation Collier Brochu Property Interim Management Plan DRAFT Prepared By: Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34104 October 2006 (Revised November 2006) Aoenda ftem No. 16A1 ebruary 13, 2007 October 2006 (Revised November 2006) Conservation Collier Broch,,Fage 4 of 13 Interim Mana, -anent Plan Table of Contents 1.0 Purpose and Scope of the Interim Management Plan .............................. 3 2.0 Management Authority and Responsibilities ....... ............................... 3 3.0 Interim Site Plan ....................................... ............................... 3.1 Location and Site Description ............... ............................... 3 3.2 Signage .......................................... ............................... 3.3 Easements, Concessions or Leases ........... ............................... 4 3.4 Structures ........................................ ............................... 4 3.5 Surrounding and Adjacent Land Uses ......... ............................... 4 4.0 Interim Management Objectives ..................... ............................... 4 4.1 Natural Resource Protection .................. ............................... 4 4.2 Site Security ..................................... ............................... 4.3 Exotic Vegetation Removal and Maintenance Plan ........................ 5 4.4 Debris Removal ................................. ............................... 5 4.5 Cultural, Historical and Archaeological Resource Protection............ 6 4.6 Listed Species Protection ....................... ............................... 4.7 Public Access ..................................... ............................... 4.8 Site Monitoring and Long Term Management Plan ........................ 6 4.9 Partnerships ....................................... ............................... 7 5.0 Exhibits .................................................... ............................... 8 EXHIBIT l: Location Map EXHIBIT 2: Aerial Map EXHIBIT 3: Estimated Cost Table EXHIBIT 4: Implementation Timeline 2 .genda !tern No. i SAI February 13. 'OF October 2006 (Revised November 2006) Conservation Collier BrocltuPa° 5 of °r Interim Management Plan 1.0 Purpose and Scope of the Interim Management Plan The Brochu property was purchased by Collier County in August 2006 with funds from the Conservation Collier program. The property will be managed for conservation, protection, enhancement of natural resources and for public outdoor recreation that will be compatible with the conservation, protection and enhancement of the site and the surrounding lands. This Interim Management Plan is intended to identify the key management priorities and issues within the site and give direction for management for the next two years. This document is meant to be the precursor to a Final Management Plan, which will outline more specific aspects of site management. Key Interim Management Objectives 1. Protect, manage and restore (as appropriate) the native habitat on site 2. Take appropriate steps to open the site for public access 3. Explore opportunities for partnerships 4. Develop Memorandum of Agreement (MOA) with Collier County Water -Sewer District Action Plan 1 a. Install temporary Conservation Land signs and/or No Dumping / No Trespassing signs along property boundaries. Ib. Treat, monitor, and manage invasive exotic vegetation. 2a. Determine location of future parking area within Water -Sewer District easement. 2b. Determine location of future primitive trail system running off of parking area. 2c. Evaluate need for picnic table, benches, garbage cans and interpretive signage along trail. 2d. Send copy of Brochu Interim Management Plan to adjoining property owners. 3. Discuss possibility of future fire management partnerships with National Audubon Society (owner of Corkscrew Swamp Sanctuary) Society and Florida Department of Forestry. 4. Write and execute a formal Memorandum of Agreement (MOA) for cooperative land management actions with the Water -Sewer District easement. 2.0 Management Authority and Responsibilities The Collier County Environmental Services Department (ESD) will be responsible for managing the Brochu property, but will seek to obtain grants for management activities. ESD will coordinate with the Collier County Water -Sewer District on management issues associated with the utility easement on the property. 3.0 Interim Site Plan 3.1 Location and Site Description The 10.00 acre Brochu property is to the east of Sanctuary Lane, adjacent to Immokalee Road on the south and adjacent to Limpkin Road on the north, in Section 23, Township 47 S, Range 27 E. The western half of the property consists of pine flatwoods, and the eastern 3 October 2006 (Revised November 2006) Agenda Item No. 10.1 February 13, 2007 Conservation Collier Brochu Page 0 of 13 Interim Management Plan half of the property consists of pine flatwoods and freshwater marsh with shrubs, brush and vines. 3.2 Signage Temporary signs identifying the property as Collier County Conservation Land will be posted at the southern boundary of the site facing Immokalee Road and possibly along the northern boundary facing Limpkin Road. Temporary No Trespassing / No Dumping signs may also be posted along the northern boundary. 3.3 Easements, Concessions or Leases A 100' X 150' Collier County Water -Sewer District utility easement exists over the northwest corner of the property. (See Exhibit 2). A test well will be drilled and a path to the well will be cleared on the easement. Per the Collier County Board of County Commissioners, the Water -Sewer District will provide site improvements on the easement commensurate with its own needs and will allow for shared public parking access with the Conservation Collier portion of the property. Exotics, trash, and debris on the easement will be removed in coordination with the removals done on the Conservation Collier portion of the property. Finally, any code required landscaping on the easement will be accomplished with site appropriate native plant species. No other easements, concessions or leases exist on the parcel or are proposed for the future, unless they further conservation objectives, such as a conservation easement. 3.4 Structures There are no structures on the property. 3.5 Surrounding and Adjacent Land Uses The Brochu property is directly adjacent to Limpkin Road to the north and Immokalee Road to the south. Immediately east and west of the property lie undeveloped agriculturally zoned lands. Corkscrew Swamp Sanctuary is approximately one mile to the west. Scattered single family, developed lots exist in the lands that surround the property. 4.0 Interim Management Objectives 4.1 Natural Resource Protection Existing Vegetation: Ground Cover: Pine flatwoods — redroot (Lachnanthes caroliniana), hat pins (Eriocaulon decangulare), candyroot (polygala nana), rosemary (Ceratiola ericoides), muhly grass (Muhlenbergia capillaris), black root (Pterocaulon pychnostachium), paw paw (4simina spp.), St. John's wort (Hypericum spp.), running oak (Quercus elliottii), yellow eyed grass (Xyris spp), rattlesnake master (E?yngium yuccifolium), swamp fern (Blechnum serrulatum), bushy broom grass (Andropogon glomeratus), southern shield fern (Dyopteris ludoviciana). Freshwater Marsh with shrubs, brushes and vines — redroot (Lachnanthes caroliniana), St. John's wort (Hypericum spp.), pepper vine (Ampelopsis arborea), white vine (Sarcosternma clausum), button -weed (Diodia virginiana), water hyssop (Bacopa spp.), musky mint (Hvptis alata), marsh fleabane M Aoerida ;!em vo. I G.A1 FE,,Driary i 3, 2 0 G7 October 2006 (Revised November 2006) Conservation Collier Brochltf'a"e 7 3f 13 Interim Management Plan (Pluchea rosea), water lily (IVvmphaea odorata), hempvine ("Mikarnia scandens), smartweed (Polvgom11n spp), arrowhead (Sagittaria spp.), chocolate -weed (Melochia C07-chorifolia) Midstorv: Pine flatwoods — saw palmetto (Serenoa repens), rusty lyonia (Lyonia ferruginea), wax myrtle (Myrica cerifera), myrsine (Rapanea plrrrctata), gallberry (Ilex glabra). Freshwater Marsh with shrubs, brushes and vines — primrose willow (Ludwigia spp.), buttonbush (Cephalanthus occidentalis) Canopy: Pine flatwoods — slash pine (Pines elliottii), laurel oak (Quercus laurifolia), red maple (Acer rubrl -tin) and bay (Pei-sea spp). Freshwater Marsh with shrubs, brushes and vines — These trees were along the edges. The marsh had no canopy trees: melaleuca (Melaleuca quinquenervia), slash pine (Pines elliottii), red maple (4cer ruby "11197) Unique Natural Features: The pine flatwoods on site are of high quality, containing few invasive, exotic plants. Listed Plant Species Listed plant species found on the property include stiff - leaved wild pine (Tillandsia fasciculata) and reflexed wild pine (Tillandsia balbisiana). Possible Listed Wildlife Species: Although no listed wildlife has been observed on site, the property is within the Corkscrew Swamp Sanctuary Wood Stork Core Foraging Area, located approximately 2 miles from a documented wood stork rookery. Other listed wading bird species would most likely utilize the small marsh area as well. The property is within Priority 2 Florida panther (Felis concolor coryii) habitat; however, the closest panther telemetry point is over 1 mile away to the northeast. 4.2 Site Security Security shall be provided by the Collier County Sheriff's Office via routine patrols in the area. A sign will be posted at the trail entrance denoting the times the property will be open for public access. 4.3 Exotic Vegetation Removal and Maintenance Plan ESD staff will contract out any necessary exotic vegetation removal and maintenance using Conservation Collier management funds. The low exotic plant density on site does not warrant applying for grant funding to aid in removal. Invasive, exotic plants present include Brazilian pepper (Schinus terebinthifolius), java plum (Szygiurn cumini), earleaf acacia (Acacia auriculiforn9is), melaleuca (Melaleuca quinquenervia) and tropical almond (Ter n inalia catappa). Because there are only scattered areas of low density exotic plants, the plants will be treated in place with an appropriate herbicide. All melaleuca will be treated by girdling prior to herbicide application. R October 2006 (Revised November 2006) Agenda Item Igo. 16A1 V February 13, 2007 Conservation Collier Br ochu Page 8 of 13 Interim Management Plan 4.4 Debris Removal The Sheriff's Community Service Weekender Crew will remove solid waste and litter from the property. If deemed necessary, "No Dumping" signs and a fence may need to be installed along the northern property line to deter further dumping. Routine trash removal and trail maintenance can be accomplished using Sheriff Weekender, contracted, and volunteer labor. 4.5 Cultural, Historical and Archeological Resource Protection The Brochu property is not within an area of historical and archaeological probability, and no historical or archaeological sites appear to be present on the property. The County will notify the Division of Historical Resources immediately if evidence is found to suggest any archaeological or historic resources are discovered. If such resources are identified on -site, staff shall cordon off the area, and a professional survey and assessment shall be instituted. The archaeologist shall prepare a report outlining results of the assessments and issue recommendations to County staff about management of any sites discovered, per provisions of the Land Development Code Section 2.2.25. This report shall be sent to the Division of Historical Resources. The County shall cooperate fully with direction from the Division of Historical Resources on the protection and management of archaeological and historical resources. The management of these resources will comply with the provisions of Chapter 267, Florida Statutes, specifically Sections 267.061 2 (a) and (b). 4.6 Listed Species Protection ESD staff will evaluate needs for protection if any listed species are found on the property. 4.7 Public Access The location of a public parking area on the northwest corner utility easement will be determined in coordination with the Water -Sewer District. The possibility of creating a permeable parking area will be explored. Although the parking area may not be created during the timeframe in which this interim management plan is in effect, the trail dimensions and placement will be determined in accordance with the proposed location of the parking area. The trail will be a simple cleared area approximately five feet wide containing no mulch. ESD staff will obtain any vegetation clearing permits that may be required for trail creation. Because the amount of public visitation to the site is unknown, public amenities such as picnic tables, benches and garbage cans will be installed if future public use of the site appears to warrant such amenities. Until standards can be specifically designed for conservation lands, public access for Conservation Collier properties will be managed by the same standards as set forth within Collier County Ordinance # 76 -48, as amended, which regulates the use of County parks. 4.8 Site Monitoring and Long Term Management Plan Monitoring of the site will consist of trash removal, trail up -keep, and invasive exotic vegetation re- treatment. ESD shall be responsible for property maintenance with tasks rol A ;el')da 'tem No. i Ski 13, f3C;7 October 2006 (Revised November 2006) Conservation Collier Brochu Page 9 cf 113 Interim Management Plan contracted out as necessary and management partnerships sought with neighboring agencies. The site will be monitored for exotic vegetation re- growth semi - annually for two years following initial treatment. After two years, exotic vegetation will be monitored on a yearly basis. 4.9 Partnerships ESD staff will seek out and evaluate potential for partnerships for conservation, protection, and education. Although fire management will not be addressed during the initial two years of ownership of this property, future fire management (or some form of fire substitute) will be necessary in the near future. ESD staff will contact National Audubon Society and FL Department of Forestry to seek partnership opportunities for fire management of this property. 7 October 2006 (Revised November 2006) 5.0 Exhibits EXHIBIT 1: Location Map Agenda Item No. 16A1 February 13, 2007 Conservation Collier Brochj'age 10 of 13 Interim Management Plan Conservation Collier Brochu Location Map PURPLE MARTI I DR x } 4 r v Q UMPKIN RD U Q IMMO VAL ERD w a DAFFODIL CT U Y n O RABBITRUN RD PANTERALN N Legend - Brochu ! V Collier County Roads << 5 Brochu Folio Numbers: 00095520003; 00095480004 0 500 1 ,000 Feet Data Source: Parcels • Collier County PropertyAppraiser Created Sy: CIS 1 CDES 1 Environmental Services C:IConservation Collier 20021 ISCR. 3rdeyclelBrochut.mxd •_- - coder corrnty C:IConservation Collier 20021 ISCR�. 3rdcyclel8rochu7JP9 Date: 6.12.05 EXHIBIT 2: Aerial Map --W-- _77 glaw-04E, ............. ... . . . . . . . . . . . . . . PAO- Q, Aw ZMI Ull left 1 4. '04 - NOW Av A, 'K 4A z,mow , 4.4 7 LAN, low . fillill. -S, -wom October 2006 (Revised November 2006) EXHIBIT 3: Estimated Cost Table Management Element Initial Cost Annual Recurring Costs Acenda Item No. 16A1 rebruary 13, 2007 Conservation Collier BrochiT age 12 of 13 Interim Management Plan Comments Exotics Control $ 20,000 $1,000 - $4,500 Estimated initial annually removal $2,000 /acre Primitive Trails t.b.d. t.b.d. Trail 2,700 feet @ $5 (estimated) per foot ADA trail section approx. 500 feet @ $33 (estimated) per foot. Signs $600 n/a Plant ID, Conservation Land, and no trespassing / dumping signs Trash Removal $0 t.b.d t.b.d. Total $205600 t.b.d 10 y O r^-1 H w `r m W �¢�-C, �,- z¢x�� ts.Wmcoc ¢ Z o oc z0 >�� Y v;wc c� cn .j v A ci O n y J V1 77 il J J P f •V J ~ to Agenda !torn No. 16k2 February 13, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Veronawalk Phase 11311. The roadway and drainage improvements will be privately maintained. OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Veronawalk Phase 1 B" CONSIDERATIONS: 1. On August 2, 2004, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Veronawalk Phase 1 B ". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. Agenda !Lem Nb, 1CPQ 6 'iru; a-y i 3.0 7 PF i I, e 2- -) f 5 Z�I LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution. RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Veronawalk Phase 1 B" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. I= PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department awa 7/3 wr 2\ \ \/ \ _ \LL t � W � Z 4 Q V O � � k � k § � « §! . �0 WH . §k / k , m q fn ! ;\ q IRE k � j§ ! ¥ E, d / E _. §� __ � ` "Fli /�` W � Z 4 Q V O � � k � k § Agenda item No. 16A2 February 13, 2057 Page 4 of 5 RESOLUTION NO. 07- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN VERONAWALK PHASE 113, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 41, PAGES 37 THROUGH 41, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRALNAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE VERONAWALK HOMEOWNERS' ASSOCIATION WHEREAS, the Board of County Cone- nissioners of Collier County, Florida, on March 9, 2004 approved the plat of Veronawalk Phase 1B for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04 -41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending- acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Veronawalk Phase 1 B, pursuant to the plat thereof recorded in Plat Book 41, pages 37 through 41 and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Veronawalk Homeowners' Association. This Resolution adopted after motion, second and majority vote favoring same, this day of _ .2007. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF C70UNTY COMMISSIONERS COLLIER COUNTY, FLORIDA _._ By: Deputy Clerk Approved as to form and legal sufncicv: I ,left A,rzgat Assist Collier County Attorney JA-vtES COLETTA, CHAIRMAN naenda I;��n' PJo ? h2 February 13, 2D07 Page ri of 5 COLLIER COUNTY EOARD OF COUNTY COMMISSIONERS Item Number: I G.�2 Item Summary: his, item egwres ri 1 ox part(: di �cl r, ire be provides by Commission Members. Shnuld a nearh,v be ttela on th:. fern. all partic.pants are reyuireC to De sworn in Recosr,mend2uon to Iran: fina'� arpr0va; 0` the r0aoway (private; 2nd drainage improvements fir the final plat of vercnawalk ?ease ? E 1 he r ^adway 2nd drainage T raverrerts wlli ;:e privately maim.amed Meeting Date: 2113;200? a 00 00 F,M Prepared By John Houldsworth Senior Engineer Date Community Development & Engineering Services 1!2212007 11:30A5 AM Environmental Services Approved By Thomas E. Kurk. P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services 11221 2007 t238 PM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin, 11251240? 4:08 PM Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & 112672007 8;55 AM Environmental Services Environmental Services Admin. Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 112912007 8:49 AM Environmental Services Environmental Se—ces Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1130/2007 7:44 AM Approved By Maria isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1130/2007 8:35 AM Approved By dames V. Mudd County Manager Date Board of County County Manager's Office 113012007 12:34 PM Commissioners Agenda Item No. 16,x,3 February 13, 3007 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve an application by Naples Urgent Care, P. L. for participation in the Advanced Broadband Infrastructure Investment Program OBJECTIVE: Approval of an application by Naples Urgent Care, P. L., a company providing a variety of medical services including urgent care, for participation in the Advanced Broadband Infrastructure Investment Program, as set forth by Ordinance No. 2003 -59, which is codified as Article V of Chapter 49 of the Collier County Code of Laws and Ordinances. CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted Ordinance No. 2003 -59, which established the Advanced Broadband Infrastructure Investment Program. The program is available to local companies either constructing a new building or renovating an existing non - residential building and upgrading it to be a "smart building ", facilitating the installation of advanced broadband technology. Naples Urgent Care, P. L. submitted an application for participation in the Advanced Broadband Infrastructure Investment Program on November 7, 2006. The company intends for the installation of broadband infrastructure to be included in their newly constructed offices at 8350 Sierra Meadows Blvd., Edison Village, Naples, FL 34112. In their application for the Broadband Program, representatives from Naples Urgent Care state that: "If we do not receive this grant, we may have to delay installing broadband capabilities at the facility. " If the Program application is accepted, staff will prepare the Advanced Broadband Infrastructure Investment Program Agreement that will be reviewed by the County Attorney's Office for legal sufficiency and will be signed by an officer of Naples Urgent Care, P. L. and by the County Manager on behalf of Collier County. The Agreement will be recorded in the Official Records of Collier County and provides for the terms applicable to the specified funds, including transfer, conveyance, etc., and default provisions. This program requires applicants to create twenty (20) new jobs at a wage equal to or greater than 50% of the current private sector average wage at the time of application, or 551,296. Naples Urgent Care, P. L. has committed to create these jobs at the required wage by December 31, 2009. Naples Urgent Care, P. L. meets all of the Advanced Broadband Infrastructure Investment Program requirements set forth by Ordinance No. 2003 -59 in Code of Laws Chapter 49, Article V, and approval of this application will help to promote the availability of advanced broadband infrastructure enabling high -speed Internet connectivity to local businesses. FISCAL IMPACT: The applicant has requested 525,000 of incentive funds, to be paid in equal amounts of no more than 58,400 per year over three years beginning in the FY08 fiscal year. Following the installation of the system, the participating company may request the first of the authorized incentive payments. The company must submit copies of the invoices detailing the cost of the installation along with the requests. Additionally, the participating company must pay their annual ad valorem property taxes to the County, in full, prior to a request for payment. Reimbursements of �^ qualifying costs paid by the County through the Program may never exceed the actual costs of the installation and /or required equipment and the maximurn incentive award for this Program is $25,000. The funding for this Program does not provide payments or reimbursements for service or lease costs. Mcenda Item No. 16A3 GROWTH MANAGEMENT IMPACT: This application is consistent with the Econb;r2� Ele;n &,J,,7 ae of the Growth Management Plan, specifically Objective 1.3 that states: "Collier County wrlPaSupport L o� 2 programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base." LEGAL CONSIDERATIONS: Naples Urgent Care, P. L. meets all of the Advanced Broadband Infrastructure Investment Program requirements set forth by Ordinance No. 2003 -59 in Code of Laws Chapter 49, Article V. RECOMMENDATION: That the Board of County Commissioners approve the application for participation in the Advanced Broadband Infrastructure Investment Program by Naples Urgent Care, P.L. and authorize the County Manager, on behalf of the County, to enter into a County Attorney's Office- approved Advanced Broadband Infrastructure Investment Program Agreement with the applicant. PREPARED BY: Denton Baker, Director CDES 1. Ec X X Agenda Item No. 16A3 February 13, 2007 Page 3 of 12 z yh ECONOMIC DEVELOPMENT COUNCIL of Callier County, Florida Growing Great Ideas Economic Stimulus Program Recommendation Form for Florida Urgent Care aka Brighton Aledical Center )nomic Stimulus Programs: Broadband Infrastructure Investment Fast Track Permitting Fee Payment Assistance Job Creation Property Tax Stimulus Local Match for QTI 2. Collier County's company location: x High Impact Area ❑ Eastern Collier County ❑Immokalee Enterprise Community 3. Project qualifications: Number of current Collier County employees: 30 Avg. Wage: $ 56,200_ Number of new jobs resulting from project: 20 Avg. Wage: 53,000_ Total retained and new ,jobs: 50 Avg. Wage: $ 54,920 �J 4. Schedule of incentive funds requested (by Collier County fiscal year October - September): FY FY 2007108 2008/09 Job Creation Phase I Phase II Phase III Fee Payment Assistance Broadband $8,400 $8,300 Total $8,400 $8,300 5. Multipliers: NAICS Code: 62111 FY 2009/10 $8,300 $8,300 SIC Code: 8011 Earnings Multiplier: 1.4010 Employment Multiplier: _1.7191_ FY FY FY Economic Development Council of Collier County Recommendation e n d a Item No. i 6 3 13. 2007 Page 4 of 12 FY FY Total Prepared by: 0—i'MIZO l 13 d t 9 Economic Development Department Da e J Approved: i Economic Development Department ate Approved: (k phld Economic Dev�bpment Council of Collier County Date President Effective 11/10/2006 Page 2 of 12 Client Approved l J / (initials) A L I OV, lr. l)N(Mi!t ()lVlll)ITGf:i f(RM1(.IL (.r�lrtr Crv�i�. II�rrJa $25,000 $25,000 COLLIER COUNTY ECONOMIC STIMULUS PROGRAM APPLICATION for Expanding or New Businesses Florida Urgent Care aka Brighton Medical Building Name of Business Medical Offices Project Title (1 -5 word description) 11/9/2006 Date ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY 3050 NORTH HORSESHOE DRIVE, SUITE 120 NAPLES, FLORIDA 34104 (239) 263 -8989 * FAx (2391) 263 -0021 www.eNapiesFiorida.com Effective 11/10/2006 Agenda Item No. 16A3 February 13, 2007 Page 5 of 12 Page 3 of 12 Client Approved y (i tials) r� i>ai �nci. Uto•eumevni unrxai. of LiJ'u. � Cirnar, rl,.J.� Ger;ua'ta n lea. 134.3 abrti;ar y 1' 2007 Page 6 of 12 Client identification 1. a) Name of Business Unit:Naples Urgent Care, dba Florida Urgent Care b) Mailing Address: 1713 S.W. Health Parkway c) Name of Parent Company (if applicable): Florida Urgent Care d) Primary business unit contact: Name: Linda Moebius Title: CEO Company: Florida Urgent Care Address: 1713 S.W. Health Parkway Phone: 239- 597 -8000 x 37 Fax: 239 - 597 -8751 Email: Imoebius @floridaurgentcare.com e) Business unit's federal employer identification number: 593649884 f) Business unit's Florida unemployment compensation identification number: 2312705 -9 g) Business unit's Florida sales tax registration number: N/A h) Business unit's Collier County occupational license number: 260272 i) List NAICS /SIC codes of all activities of the business unit: 62111 621512, 621340, 621391 Target Industry: Health Services 2. a) is the business unit minority owned: ❑ YES [x] NO b) If YES, explain_ 3. Business unit's tax year (example: Jan. 1 — Dec.31) January 1- December 31 Project information 4. a) Is the business unit (please choose one): ❑ a new business unit to Collier County �] an expansion of an existing Collier County business unit b) If an expansion, how many employees are currently working in the expanding business unit located in Collier County? 30 c) How many individuals are employed in ALL Florida locations? 41 Effective 11/10/2006pIV1 Page 4 of 12 Client Approved (instals) �✓F i�i_�-�E... 1 [( —Mill.UE \'LtUI'n4r.'T(.IXN;.IL Agenda Item No. i6A3 February 13, 2067 Page 7 of 12 d) How many individuals are employed in ALL domestic and international locations? 41 5. Provide a full project description: Building a medical office building which will have Urgent Care (our 4`" Urgent care center), primary care services for adults and children, diagnostic imaging services, physiotherapy, podiatry, and other needed medical services in this area of growth 6. Please check the box that best defines your project. Answer a) AND b), if applicable: a) ❑ Multi -state business enterprise b) LR] Regional headquarters office ❑ Multi - national business enterprise ❑ National headquarters office ® Not applicable ❑ International headquarters office ❑ Not applicable 7. Please estimate percentage of gross receipts or final sales resulting from this project that will be made outside of Collier County: 0% outside of Florida: 0% 8. Project employment and wages: a) Has the applicant ever participated in an EDC- assisted program? ❑ YES 1�1 NO If YES, how many new and retained jobs were included in that project? b) Total number of net, new full -time equivalent Collier County jobs created by the project at the business unit indicated above: 20 c) Are any employees being transferred from another Florida location? ❑YES ® NO If YES, how many and from where? e) Anticipated annualized average wage (not including benefits) of the new to Collier County jobs created by the project at the business unit: $53000 f) Annualized average wage for existing Collier County employees: $ 56,200 (The wage indicated above will be used in the certification, agreement, and claim evaluation process. Cash performance bonuses and other cash payments to the employees, such as overtime, should be included.) g) Annualized average value of benefits associated with each new job created by the project at the business unit:$10,000 each h) If jobs are to be phased in, provide the date when each phase of employment will be fully implemented: Phase Number of net, new full -time equivalent Collier County jobs created in business unit Date by which those jobs will be created 1 10 12/31/2007 II 5 12/31/2008 111 5 12/3112009 TOTAL 20 Effective 11/1012006 Page 5 of 12 Client Approved iit"4`als) g _� pe y!' f. _IZ.Z!'�✓ �..d i.J' i '�... —s���' i �,,..• - "^"° 1(IIhIHM([)C4fl Ih1.h1 (:(A4��:11 ��i l luunR. 4W:nla C;ro�rir�� C ;Feat hli��;5 Ac7enda1:-m No. 16Q r e)'uary 13, 07 pz, aQ n � of 12 9. a) Describe the capital investment in real and personal property: (examples: construction of new facility; remodeling of facility; upgrading, replacing or buying new equipment. Do not include the value of land purchased for construction of a new building.) Construction of new facility purchase of new medical equipment, capital expenditures for diagnostic room and equipment, computer equipmen so ware, roa an Iq spee access etc. b) List the anticipated amount (within three (3) years) and type (purchase of machinery /equipment, construction of buildings, etc.) of major capital investment to be made by the applicant in connection with this Collier County project: Amount $ -G Land (if applicable) Amount $ 1,500.000 Construction /Renovations Amount $ - Manufacturing Equipment Amount $ 500,000 Other Equipment Total $ 2,000.000 c) Estimated square feet of new or newly expanded facility: approx. 17,000 sq. ft. 10. Anticipated date of beginning of construction for this project: February 2007 11. Anticipated date project will be in operation: December 2007 12. Site and Contractor Information: a) Folio Number: 30806000180 b) Project Street Address& Suite Number /Legal description: 8350 Sierra Meadows Blvd. Strap# 274400115622 Sec.22 Township 50 Range 26 Subdivision 274400 Edison Village Lot 11. Map 51322 c) Type of Project (circle one): ❑ Rezone 0 Plat X SDP X Building Permit ❑ Tenant Improvement ❑ Other d) Owner /Developer Name: Brittany Investments LLC Owner /Developer Telephone Number: 239 - 293 -9547 e) Located on Brownfield Site or in a Brownfield Area? ❑ YES [?�I NO f) Will project be locating or expanding in an Enterprise Zone? EYES NO If YES, which Zone: ❑ Immokalee ❑ Everglades City g) Architectural Firm: Harry Bopp AIA Contact: Harry Bopp Phone: 856- 596 -9265 Email: HB0PP10401(c'Daol.com Fax: 856- 596 -2878 Effective 11/10/2006 Page 6 of 12 Client Approved [� ` t? (initials) n:ouowc OWL" 11an1 axw:u. W CA;- Cw���r. Flci�a <.r�nt�ir.�� C.rr•:N Irir�.ic Agenda Item No. 16A3 February 13; 2007 Page 9 of 12 h) Engineering Firm: Davidson Engineering Contact: David Walker Phone: 239 - 597 -3916 Email: David( a�davidsonengineering.com Fax: 239 - 597 -5195 i) Contractor: McGarvey Development Co. Contact: Rick Losee Phone: 239 - 738 -7800 x356 Email: ricklosee gmegarvevdevelopment.com Fax: 239 - 738 -7990 Project Impact Information 13. What role will the incentive(s) play, including the Fast Track Regulatory•Process Program, in the decision of the applicant to locate or expand in Collier County? (if there are other stateslcommunities competing for this project, please list which states /communities and what incentives are being offered by those states /communities.) Naples Urgent Care has been providing health care services to the population for 10 years. We are known in the community as providing excellent, quality health care services to adults and children. We provide services to Collier County Government employees, Local police and EMS, etc. Florida Urgent Care would like to expand in Eastern Collier County, to accommodate future growth and offer needed health care services to that population. We currently have several hundreds of patients fi•om that part of town coming to our current Naples clinic for care. The physicians have recently received hospital privileges at Physicians Regional Medical Center and Collier Regional Medical Center for hospital admissions. The Fast Track Permitting Regulatory Process will enable Florida Urgent Care to expand quickly in this area of Collier County, and meet the rapidly growing health needs and demands of the community. A Broadband Infrastructure Investment Grant would be a great benefit to Florida Urgent Care. This would allow us to be technologically advanced and interface with our other facilities and modalities as it relates to Electronic Medical Records, Radiology procedures, laboratory ordering and results review, etc. This technology will allow us to provide our patients with great quality care in a very expeditious manner. If we do not receive this grant, we may have to delay installing Broadband capabilities at the facility. Effective 11/10/2006 Page 7 of 12 Client Approved (irfitials) ALE 131 1 (ON0141 OEvEL )MIVIKII a xor« n ^e>da "em Nu. 13P,3 F --ty -uary 13 21,07 Pace 10 of 12 14. a) Provide a brief review of the applicant's past activities in Collier County and in other states, particularly as they relate to environmental and growth management impacts and how these have been handled. (Basically, what kind of corporate citizen has the applicant been ?) Florida Urgent Care has received the Naples Daily News S.W. Florida Choice Star Award for years 2004, 2005. We are members of the local Chamber of Commerce and we have served the community for 10+ years, providing primary care and urgent care services to the growing Collier County population. We have been a benefit to the community by offering patients an alternative to the Hospital Based Emergency Departments. b) Describe any criminal or civil fines, or penalties, and any awards. If there are none, please make this statement below. There have been no criminal or civil fines, penalties or personal rewards c) I agree to allow the Economic Development Council of Collier County perform a Company and /or Personal Background Check. U YES ❑ NO You may request that your project information (including the information contained in this application) be confidential per F.S. 288.075, Confidentiality of Records. x Effective 11/10/2006 YES, we Request Confidentiality NO, we do not Request Confidentiality Page 8 of 12 Client Approved (initials) rr.+.rir, r 0',- Application Completed By: (Signature) Linda Moebius (Print or Type Name) CEO (Print or ype Title) Naples Urgent Care (Company) 239- 597 -8000 x237 (Phone Number) 239 - 597 -8751 (Fax Number) Imoebius @floridaurgentcare.com (E -mail Address) 11/7/2006 (Date) same (Contact Person, if different) same (E -mail Address, if different) same (Address, if different) same (Phone Number, if different) Effective 11110/2006 Agenda Item too. 16A3 February 13, 2007 Page 11 of 12 To the best of my knowledge, the information included in this application is accurate. I—Sig* hafure of Authorr;! _ O Officer) P. Hobaica, MD; .R.McGann,MD (Print or Type Name of Authorized Officer) Owners /Officers (Print or Type Title of Authorized Officer) Naples Urgent Care (Company) 239 -597 -8000 (Phone Number) 239 - 597 -8095 (Fax Number) phobaicamd @aol.com (E -mail Address) 11/7/2006 (Date) Page 9 of 12 Client Approved r (nitaIs u.uwxn;c ixvn ru uHi<xm_:n. Ci7 COLLIER COUNTY BOAP,F OF C, ?UN ?Y COG1Ia'ISSIC7h:cF:5 Item Number: .., Item Summary: ..,_nu:�n ! ;�r.;ve a tea.., e7 cipaaon in tie- .nv�cec Esr�a a •,7 arucf.ir� �n�. c'c�_r m Meeting Date: 21161_00- 8 JO C5 •M Prepared By Denton Baker Financial Admm S Housing Director Date ::ommunib/ Development & Em.ironmentai Services Financial Admin. & Housing 112_;200712:26:45 PM 'approved By Community Development R ,IasepF K. Schmitt Date Environmental Services Hdminstrator Community Development & Commumty Development & Fr— onmental Services E— mrimpntal Seances Admm. 112'2007 3:24 PM Approved By Marlene Stewart E.e, —tivc Secretary Date Community Development & Comtn —ity Development & Environmental Services Environmental Services Aa min. 1,2612007 9.14 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Cemmpn ty Dove l oomea; & Environmental Services E� :iron r.:e ntal Ser� icc: Adn;in. !'9!2007 71 43 A M � ` Approved By DrAB Coordinator Adm— nlratwe Assistant Date County Manager's Office Office of Management & Budget 113012007 7'47 AM Approved By Mark Isackson Budget Analyst Date ;punt; Manager s Office C'fice of Management &Budget 11'= =1/2007 817 AM Approved By Michael Smykowski Management & Budge; Director Date ,7 .!ntv Manage =s Office Office of 41anagemert e Budget 211!2007 1157 AM Approved By J—^_s V. Mudd County Manager Date Board of County '..OMIT County Managers Office 21112007 8:11 PM ISSICn CrS Agenda ltern No. 1644 February 13, 2007 Pace 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Chatham Woods ", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Chatham Woods ", a subdivision of lands located in Section 24, Township 49 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99 -199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Chatham Woods ". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Chatham Woods" be approved for recording. FISCAL IMPACT: The project cost is $200,230.67 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ 43,796.00 b) Drainage, Paving, Grading - $156,434.67 The Security amount, equal to 110% of the project cost, is $220,253.74 The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review ,.- Revenue generated by this project: Total: $7,036.92 Agenda liem Igo. 16 '4 February 13, 2007 Fees are based on a construction estimate of $200,230.67 and were paid9n3APritf, a 2006. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) - $1,030.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) -$ 328.47 C) Drainage, Paving, Grading (.75% const. est.) -$1,173.26 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) -$ 985.41 e) Drainage, Paving, Grad ing(2.25 %const.est.) -$3,519.78 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL /ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Chatham Woods" for recording with the following stipulations: 1. Approve the amount of $220,253.74 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services .. Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department -o 0 :y CB L — LL Q ara of Lan > i > m� d z I nQLeNLLNf1N � w o o or o SOOOM 553tld4O �� R eRD Atl1NI1W i 3KYJ � B� F 4 w } i p % i nE� �••• SL-31VLSe31Rl 0 o a'j NnnoNOO ao U a m U g ! z � m O > a �� F � Nxarn Nr�rt3d � s I � J � - avoe naLSCwNT � 0 W i� � Q 3 Q � Of � El WO'dONfi'eld-1tlOdeN 3 yyy' 3 a Imp z 3 Q 76 I w s Fazg�� � 3- �V 4 offl S� � O m r�7 (WJ �c App IX1d O/DY 7LL31p�pp 3x� ¢ RR �Ya cR�RK eoulE 3lDr oo[ W a a T o m T-IT L) o w z � U > w J U m� o- o w a d 1SV3 AVM SS38dAD ara of Lan 1 W v, 0 4 O J gh O Q� 2 V m� d I nQLeNLLNf1N � 9!•31V1SN31NI SOOOM 553tld4O �� R eRD Atl1NI1W i 3KYJ B� i p % i nE� �••• SL-31VLSe31Rl o a'j NnnoNOO sY 3m U g ! O � m a �� F � Nxarn Nr�rt3d � s I - avoe naLSCwNT Al i� � zl P � El WO'dONfi'eld-1tlOdeN O U yyy' 3 a Imp 3 I Fazg�� �V 4 offl S� r�7 App IX1d O/DY 7LL31p�pp 3x� ¢ RR �Ya cR�RK eoulE 3lDr oo[ o m Al I 1 W v, 0 4 O J gh O Q� 2 V t X7 iqe+ 4 o� 4 COLLIER COUNTY BOka I OF COJNJ;Y COM141,71S510kEPS Item Number: Item Summary: hen ,i,r. e, d,- 'ic., nc nv _ ,c,r fJ�e r rs Sm_,;ie a iaarv. i, 7,r rei-i o is t� n! i_,.a t tre 'r.qi r Tc, u t F rnc ncallcii to 'ird _..,•r.i •, r ,•,Ir �;n i r'. - :oc s .. F',;rc;a _.�s :aa�� form Meeting Date: 2!1 —3c- 9 CSC DC F.M Prepared By John Flouldsvrorth Scn!- Engineer Date C- cmmnmty De'" Pmmnt & Er—renmen :al Services Ennineerma Services 1;22.'2007 3:4£:31 PM .Approved By Tnomae E Kuck; P.E. .,.� -. Eng�r.een ng Services Director Date f „ommunitg Duveionment & Envircn;mentx Services CDEc Ema,ncermc Services 1':2/2007 4:C2 pM Approved By Constance A, Jchnson Ope atwns Ana;, st Date Community Development & Community Development & Environmental Services Envrronmental sercires Aomm. t! -' %;2007 4:09 PM Approved By U:arlene Stewart Executive Scaretary Date Community Development 8 Community Development 8 l- , - onmmnta! Services Environmental Services Aomm, 1%ZE12007 8:48 AM Approved By Community Development 8 Jasepff K. Schmitt Date Environmental Services Admmstrator Community Development & Community Development & En— onmontal Services Environmental Services edmin- 1129,'2007 8:50 AM Approved By OhS° Coon"!netor Administrative Assistant Date County Manager's Office Office of Management & Budget 113012007 7:46 AM Approved By Wart, Isackson Budget Analyst Date County P✓,,anaoer'S Office Offices of Mar -- —,ent h Budget ,'30;200' 8'.58 AM Approved By James V Mudd Coumy Manager Date Board of C oomy Commissioners Ccumy Mcnart;a]-tflce 1130 :20071 25 PM agenda I'em No. 16A5 February 13, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Caldecott Replat" OBJECTIVE: To approve for recording the final plat of "Caldecott Replat ", a subdivision of lands located in Section 28, Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99 -199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Caldecott Replat ". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no required subdivision improvements associated with this plat. Engineering Services Department recommends that the final plat of "Caldecott Replat" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $1,010.00 — plat review fee GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENR Agenda h Item No. ISA5 F E, r ua r y 13, 2 0 0 7 Pa:ie 2 of4 LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION,: That the Board of County Commissioners approve the final plat of "Caldecott Replat" for recording. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department tSJ r-- 7 Q o v �m .- L1. Q z Fnw O war F Q O J O 5' 7 0 a) K WY J 3 O J 3 os a[ ioN �T V , r 0 V W U r Z 0 Q 0 J vroeaanwo d O lw wo u� oav 1 im •ax7 aainoo Ef �6i Y 3� '17x3 OWAaln08 vaveare rl7w�e �-- d o Im � � {{ voy tlf °' OVOa pare AlNflDO 9 $ N W= D w 53LVt9 �a3ea3111W1 etl3BN3l11HM 3LNDd NMOID �j 3o0W HJDI '"S,i � 5� j � < 8gu � � � .. �F¢y ° � FV o rg r � it3udW n��as0xn �T V , r 0 V W U r Z 0 Q 0 J etbrua'. ";3. 'Si:7 4 COLLIER COUNTY B0A2D OF ;;;jUPJTy CJG1hiISS!C�F:Ef'S Item Number: Item Summary: hi; e _.v pa e :rIi csu - DF �rov.a t r ' -or: ..,nc rLrye ^oafs_ SrOLI.' a ,lea r.1� r h =.d is r-a r ,,,r , ' :re re,a n ed p: r, cr, o F'. _ tme!,dat c to Dial Meeting Date: Prepared By John Houtdsworth Senror Enrpneer Date Community Development & Environmental Services Engineering Services 112912007 7.2 &:20 AM Approved By Thomas E Kuck. F'.E- CDES Engineering Services Director Date Community Development & Environmental Services CDES E,,qm —nno Services 112312007 10:57 AM Approved By Constance -P.. Johnson Operalions Analyst Date Community Deveiopmen! & Communlf, Development & E- r— ,nmemw Services F virur me :al Sere Tres Aaimn. 1%- "12 -007 4:13 PM Approved By Mlarlene Stewart Executive Secretary Date Community Development & Community Development & Err ✓, — .mental Services Environmental Services Aar—, 1/26/2007 8:59 AM Approved By Community Development & Joseph K. Schmitt Date Environmental 5erviees Ad minstrator Community Development & Community Development & Environmental Services Environmental Senncus Admin. 1;29/2007 6:51 A.M Approved By OriB Coordinator kdmini strative Assistant Date County Manager's Office Office of Management & Bodgct 9/30/2007 7:47 AM Approved By Mart: Isackson Budoet Anal';,St Date County Manager's Office Office cf Management & Budgel 1:30/2007 9.02 AM Approved By Jaynes V. Mudd County P,',anager Date Board of County Commissiencrs County Manager's Office 113012007 PM Agenda 11em No. 16A6 Feru a, 13, 2607 Page 1 of 6 EXECUTIVE SUMMARY To seek approval from the Board of County Commissioners of the Building Director's issuance of building permits for the replacement of previously existing pool screen enclosures damaged by Hurricane Wilma, with the understanding the respective applicants recognize and agree to filing the required requests for dimensional variances associated with the respective side yard and /or rear yard encroachments. OBJECTIVE: To have the Board of County Commissioners (Board) approve the Building Director's issuance of the following building pen-nits to allow for the reconstruction of previously existing pool screen enclosures, to be constructed on the existing footprint, that were recently discovered to encroach into the property setbacks. Each of the applicants listed below recognizes that the Building Director will issue a Temporary Certificate of Occupancy (TCO) pending submittal to the Board for a petition of variance for an encroachment created by the replacement of a previously permitted screen enclosure on the property. Should the property owners fail to make the required application for variance, the TCO's will be revoked and appropiate code enforcement actions will be taken. Applicant Address Type Residence Mrs. Sylvia Levin 248 Edgemere, Wyndemere PUD Single Family Mrs. Beverly Baldwin 2207 Royal Lane Single Family CONSIDERATION: Mrs. Sylvia Levin After receiving payment of insurance coverage to repair her screen cage, Mrs. Levin contracted with a licensed contractor to rebuild the cage. After pennit application and during routine review, it was discovered the cage would create an encroachment if replaced in its original footprint. Accordingly, the permit application was denied by staff. Subsequent to the denial of the pern-lit application, information was brought forward regarding Mrs. Levin's age, state of health and her concerns about the lack of a screen cage creating the potential for personal physical injury. Staff decided to investigate the circumstances surrounding the construction of the original screen to determine whether the Building Department had played any part in creation of the encroachment by permitting the cage in error. A review of the records revealed the permit was approved in 1992 for its location and the site plan indicated the cage would encroach into the setback at one corner. Therefore, the Building Department shares responsibility in the creation of the encroachment. Given this information, the circumstances surrounding the isolated location of the screen cage and the extenuating and mitigating circumstance with the original permit, staff's initial A---. r,gGnca €.ern Nio. 1666 February 11 2007 E age,201b assessment is that a variance may be warranted. The Building Director offered to allow the permit to be issued, if Mrs. Levin provided written assurance she would pursue a variance. On November 27, 2006, the Building Director received a letter from Mrs. Levin's attorney stating he would act as her agent and seek a variance at the earliest possible date upon issuance of the permit. With that documentation, the Building Director released the permit. Mrs. Beverly Baldwin After receiving payment of insurance coverage to repair her screen cage, Mrs. Baldwin contracted with a licensed contractor to rebuild the cage. After permit application and during routine review, it was discovered the cage would create an encroachment if replaced in its original footprint. Accordingly, the permit application was denied by staff. Subsequent to the denial of the permit application, information was brought forward regarding the circumstances around the original construction of the screen cage. Therefore, staff decided to fully investigate the circumstances surrounding the original screen cage to determine whether the Building Department played any part in creation of the encroachment by issuing a Certificate of Occupancy (CO) in error. A review of the records revealed the original permit was approved in 1983 and the site plan indicated the cage would not encroach into the setback. The site plan submitted with the original permit indicated the edge of the pool deck would be 17 ft. from the boundary, two feet beyond the required 15 ft. setback. However, the screen cage was not constructed with the pool, even though they were both allowed on the same permit. The cage was constructed almost a year later than the pool, around May, 1984 and was built larger than what was indicated on the site plan. Discussions with staff familiar with permitting at that time revealed it is entirely possible a spot survey was not required prior to issuance of the CO. A records search revealed the pool and screen cage received final inspections in late May, 1984 and a CO was issued on June 15, 1984. Therefore, while the Building Department performed all requisite review prior to the issuance of the permit, a reasonable case can be made that an insufficient number of inspections resulted in the encroachment not being detected prior to CO. Given this information, the circumstances surrounding the location of the screen cage and the extenuating and mitigating circumstances with the original inspection and CO issuance, staff's initial assessment is that a variance may be warranted. The Building Director offered to allow the permit to be issued, if Mrs. Baldwin provided written assurance she would pursue a variance and on January 23, 2007, Mrs. Baldwin forwarded a fax accepting the condition and the Building Director released the permit. In reaching the decision to release the permits, the Building Director references the precedent established by the Board of County Commissioners during a regular meeting of the Board that occurred on July 25, 2006. Under Public Petition, Item 6A, Mr. and Mrs. O'Conner petitioned to replace a screen cage destroyed during Hurricane Wilma. The Board agreed to allow the petitioner to proceed with the screen cage replacement with the understanding that the petitioner would apply for a variance. The encroachments that will be created by Mrs. Levin's and Mrs. Baldwin's cage replacement cage replacements are much less than the encroachment on the Agenda ;:ern N1 o. 16 A6 Feb nary 13 2007 Page 6 of 6 O'Conner's property. The O'Conner's encroachment is seven feet; Mrs. Levi's encroachment is only two feet and diminishes to zero as it runs along the property line; Mrs. Baldwin's encroachment is only three feet. Also, the Building Director considered the possible anguish the property owners may have experienced had the decision been to force them to wait on the screen cage replacements until a variance had been approved. The Building Director decided the possible anguish outweighed any small risk that the variances would not be approved. The Building Director does not intend to make a practice of issuing permits wherein a conflict with the setbacks has been discovered, nor it is the intent of the Building Director to assume any authority otherwise granted to the Director of Zoning and Land Development. The Building Director only desires that the Board be made aware that, in these two cases where the circumstances so closely paralleled the circumstances surrounding the case of Mr. and Mrs. O'Conner, that Building Director felt there was compelling reason to make an acceptable accommodation to Mrs. Levin and Mrs. Baldwin. FISCAL IMPACT: Cost for variance application to be paid by the respective applicant. GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATIONS: None. It is consistent with the authority granted the Building Director as the Building Official to issue permits with stipulations or conditions, so long as the stipulation or condition is based on precedence, and under reasonable circumstances which may not be expected to conflict with any governing building code requirement or ordinance. RECOMMENDATION: That the Board approve the issuing of the noted building permits but in doing so recognizes that approval does not favor or prejudice subsequent approval or denial of the respective variance request and does not circumvent the criteria as defined in the Land Development Code. Prepared by: William J. Hammond, Director, Building Review and Permitting A,. el Item No. 1 A6 February 13, 2007 Page 4 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS --^ Item Number: t6A6 Item Summary: To seek approval frorn the Boara of County Cummissicoers of the Budding Directors issuance of txiileing pemr:ts for the replacement o` previously extsling pool screen enciostres damaged by Hurricane ttiilrna, with the untlersi aria ing the respective applicants recognize and agree to filing the regwred reauests to, dunensional vanances associaled with the resp =cove side yard andlor rear yard encroachments Meeting Date: 2118120()7 900 0() b;M Prepared By Bill Hammond Director Date Community Development 8 Building Review and Permitting 21112007 12:30:46 PM Envrronmcntal Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development 8 Environmental Services Environmental Services Admin. 21112007 12:29 PM Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & 2I112007 12:57 PM Environmental Services Environmental Services Admin. Approved By Community Development & Joseph K. Schmitt Environmental Services Adromstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 21112007 1:31 PM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Zoning & Land Development Review 20,2007 3:16 PM Environmental Services Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 212(2007 7:31 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 21212007 4:44 PM Approved By James V. Mudd County Manager Date Board of County Count} Manager's Office 21212()07 6:36 PM Commissioners Jan 19 07 02 :5Ip A January 19, 2007 Dear Mr. Hanunond, I am the owner of 2207 Royal Lane, Naples, Florida and will be applying for a variance for the replacement of my pool cage. My contractor will pick up the permit. My understanding as per my conversation with Angel is that I may go ahead and put up the cage and upon completion of the variance 7 then will be issued the U and 4 license. Thank you for your help. . Sad is � JAN Sincerely, Beverly Baldwin 403 -7060 job• -ale o6 11/22/2006 19.52 FAX WINER & ASSOCIATES, P. A. A Professional Association of Attorneys Riverwelk Plaza Ste. 2000 333 N. New River Dr. E. Ft. Lauderdale, FL 33301 Tele: (954) 7594500 Fax; (954)759 -6543 Email: Miehaelgwinerlew.eam Aaenda item No. 16A6 �ebrq <0113.2607 rage 6 of 6 Bill Hammond, CBO Via Fax (239)-213-2906 Director, Building Review and Permitting 2800 N. Horseshoe Dr. Naples FL 34104 Re: Building Permit #2006091784 Dear Mr. Hammond: My Firm represents Mrs. Sylvia Levin, the applicant of the above building permit. I am acting under Power of Attorney for her in this matter. We stipulate that we will apply A.S.A.P. for an administrative variance to build the screen cage identified in the application, in return for your Department issuing the permit. We also agree that the City will not issue a Certificate of Occupancy, until it has granted the variance and the screen cage has passed all inspections. If the above terms are not correct, please contact me immediately. With best wishes for the holidays, I am, Sincere ly, n�c (k MICHAEL ER 'J Agenda Item Igo. 16A7 February 13, 2007 Pane 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a Budget Amendment to transfer funds from Fund 339 Reserves (Road Impact Fee District 5 - Immokalee) to Fund 339 Reimbursements (prior year) in the amount of $100,000. OBJECTIVE: To obtain Board of County Commissioners' approval of a Budget Amendment, totaling $100,000, to transfer funds from Fund 339 Reserves to Fund 339 Reimbursements (prior year) in order to fund the reimbursements of impact fees paid in previous fiscal years. CONSIDERATIONS: During the FY 07 Budget process, $99,768 was allocated to Fund 339 Reimbursements (Road Impact Fee District 5 — Immokalee) to provide funding for reimbursements of impact fees paid in prior fiscal years. To date, $89,780 has been reimbursed and additional requests have been submitted. These requests are related to properties for which related impact fees were paid in full at issuance of a building permit by the developer and within six months of the issuance of the Certificate of Occupancy (CO), an affordable housing deferral agreement was recorded for a qualifying applicant and a lien placed on the subject property in the amount of the impact fees. Upon sale, transfer or refinancing, the total amount of the impact fees will become due and payable. Therefore, with the execution of the agreement and lien which stand in lieu of the payment of the impact fees, the developer may request a reimbursement of impact fees previously paid. ^' FISCAL IMPACT: Funding in the amount of $100,000 will be transferred from Fund 339 Reserves to Fund 339 Reimbursements. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATIONS: That the Board of County Commissioners approve a Budget Amendment, totaling $100,000, to transfer funds from Fund 339 Reserves to Fund 339 Reimbursements (prior year) in order to fund the reimbursements of impact fees paid in previous fiscal years. Prepared By: Amy Patterson, Impact Fee Manager, CDES Iter1 No 16A7 February 13. 2007 Fade 2 of 2 COLLIER COUNTY BOARD OF COUNTY CCJMMISSIONERS Item Number: 16 "7 Item Summary: Rc commerdauoi� to approve a budget amendment to fio'.ds from F-ind 339 Raserves !Road Impact Fee ❑lstncl immokaleel to Fund 335 Reimbursements ;prior year,, in the amount of 5100.00C) Meeting Date: 21!312007 9 0600 %',.M Prepared By Amy Patterson Impact Fee Manager Date Community Development 8 Financial Admin. &Housing 112612007 10:35:08 AM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development 8 1129;2007 1:38 PM Environmental Services Environmental Services Admin. Approved By Garrett Mullee Financial Operations Manager Date Community Development & Financial Atlmin, S Housing 1:19,12007 7:42 PM Environmental Services Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & 1129/2007 7:42 PM Environmental Services Environmental Services Admin. Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 11311200712:47 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1131!2007 1211 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 211/2007 10:02 AM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 2/172007 4.13 PM Approved By Susan Usher Senior ManagemenUBudget Analyst Date County Manager's Office Office of Management & Budget 2!212007 12:43 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 2/2!2007 2:45 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 21212007 3:34 PM Commissioners Agenda Item No. 16AS February 13, 2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation of the Immokalee Enterprise Zone Development Agency and Local Redevelopment Advisory Board to the Board of County Commissioners to elect a chairman and vice chairman for the Immokalee Enterprise Zone Development Agency and Immokalee Local Redevelopment Advisory Board for 2007 (a companion item to 16G) OBJECTIVE: The purpose of this report is to request the Collier County Board of County Commissioners election of Fred N. Thomas, Jr. as Chairman and Richard Rice as Vice Chairman of the Immokalee Enterprise Zone Development Agency (EZDA) which also serves as the Immokalee Local Redevelopment Advisory Board (CRA Advisory Board) in accordance with Section Five A) of Ordinance 95 -22. CONSIDERATIONS: The Immokalee EZDA/CRA Advisory Board, during its annual meeting held on January 17, 2007, unanimously recommended to the Board of County Commissioners that Fred N. Thomas, Jr. be Chairman and Richard Rice be Vice Chairman of the Immokalee EZDA/CRA Advisory Board until its next annual meeting scheduled for January, 2008. LEGAL CONSIDERATIONS: In compliance with Ordinance 95 -22. FISCAL IMPACT: No fiscal impact. RECOMMENDATION: Should the Board of County Commissioners elect Fred N. Thomas, Jr. as Chairman and Richard Rice as Vice Chairman of the EZDA until the next annual meeting of the EZDA scheduled for January, 2008, it is recommended that the Collier County Community Redevelopment Agency (agenda item 16G) confirm these elections to serve as Chairman and Vice Chairman of the Immokalee CRA Advisory Board. Prepared by: Thomas Greenwood, AICP Principal Planner Comprehensive Planning Department rem al itern No. 1,6A8 Fgh -nary 1 'C'-J Page 2 01 COLLIER COUNTY BOARD OF COUNTY COMMISSiONEIRS Item Number: 5 =s ..a. F'ecornmendai ;on of the lain lee Rr;devOopment Area Aclvisory Einar i and Irnmokalee Item Summary: En'.erpnse Zone Deveiopment Agency to the beard of County Commissioners n elect o cl�v�rr* man and vice cnaumarfof the Ifnmokelee P.ecevelopmenf .vea Advisory Boar anc the E:nterpnse Zone Development l,genry for 2J0" is companion item to item 1e. "l =Joseph K. 5rhrrntt. Adm nlstrator. Comrnunily L;evelopmert and I ri,[ronmenta° Services? Meeting Date: 2:1:9102007 9.30 GO F;M Prepared By Thomas Greenwood Principal Planner Date Community Development & Planning 1;1912007 10:10:18 AM Environmental Services C— Prenensive Approved By Mike Bosi. AiCP Principal Planner Date Community Development & Zoning &Land Development Review 112212007 2:05 PM Environmental Services Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & 112212007 4:18 PM Environmental Services Environmental Services Admin. Approved By Constance A. Johnson Operations Analvst Date Community Development & Community Development & 1/2512007 3:16 PM Environmental; Services Environmental Services Admin. Approved By Commurnty Planning and Date Randall J. Cohen Redevelopment Manager Community Development & Comprehensive Planning 21112007 6:48 AM Environmental Services Approved By Community Development & Date Joseph K. Schmitt Environmental Services Admmstrator Community Development & Community Development & 21112007 1022 AM Environmental Services Environmental Services Acmin, Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 2(1 12007 4: OF, PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Managemem & Budget 202007 8:52 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 2;212007 10:46 AM Commissioners Agenda Item No. 16A9 February 13, 2007 Page I . of 8 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water and sewer utility facilities for Veronawalk, Phase 1 B. OBJECTIVE: The Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, to accept final and unconditional conveyance of these water and /or sewer facilities. CONSIDERATIONS: 1) The Developer of Veronawalk, Phase 1B, has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance of these utility facilities was approved by the Community Development and Environmental Services staff on September 9, 2004. At that time, the value of these utility facilities (assets) was $148,076.50 for the water facilities and $238,437.75 for the sewer facilities (see attachment[s]). This final acceptance is in accordance with Collier County Ordinance No. 2004 -31, as amended. 3) Staff recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water -Sewer District during, not less than, the required one (1) year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Community Development and Environmental Services Division staff, and these facilities have been found to be satisfactory and acceptable. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water -Sewer District receiving unconditional title to the utility facilities, which at the time of preliminary acceptance, had a total (undepreciated) value of $386,514.25. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. LEGAL CONSIDERATIONS: No additional legal review from the County Attorney is required to complete this final acceptance. A,oenua Item No. 16A9 ebruary 13, 2007 Page 2 of 6 RECOMMENDATION: That the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, authorize final acceptance of these water and sewer utility facilities for Veronawalk, Phase 1B, and authorize the County Manager or his designee to release the Utilities Performance Security (UPS) to the Project Engineer or the Developer's designated agent. PREPARED BY: Jodi Pannullo, Engineering Technician Approved By Item No 1CA9 Water Operations Manager Date Public Utilities February 1.. 2007 1!22.'2007 4:52 PM Approved By Page 3 of 8 Stephen L, Nagy COLLIER COUNTY Date Public Utilities WasteWater BOARD OF COUNTY COMM!SSIONERS Approved By Item Number: fet.9 Public Utilities Engineering Director Date Item Summary: ReeommenUat.or to approve fo1 a.;r_r nta�ce of the. water and sewer uuhty t- ,.i�r;ies'or veronawalk. c'nase 113 Constance A. Johnson Operation, Analyst Meeting Date: :113 %l.OG 9 X uO „M Community Development & Environmental Services Environmental Services Admin. 112512007 4:11 PM Approved By Prepared By Marienc Stewart Jodi Pannullo Administrative Assistant Date Community Development & Community Development & Environmental Services Environmental Services Admin. Approved By CDES Engineering Services 112272007 2:41:44 PM Paul Mattausch Environmental Services Date Public Utilities Water Approved By Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Joseph K. Schmitt Community Development 8 Date Community Development & Community Development & CDES Engineering Services 112212007 4:01 PM 2!112007 1G:25 AM Environmental Services OMB Coordinator Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 1!22.'2007 4:52 PM Approved By Stephen L, Nagy Wastewater Collections Manager Date Public Utilities WasteWater 1/2512007 7:30 AM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 1/26!2007 7:31 AM Approved By Constance A. Johnson Operation, Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 112512007 4:11 PM Approved By Marienc Stewart Executive Secretary Date Community Development & Community Development & ^. (2612007 5:07 AM Environmental Services Environmental Services Admin. Approved By Paul Mattausch Water Director Date Public Utilities Water 1,12912007 10'46 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin, 2!112007 1G:25 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 21112007 412 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 2/112007 G:21 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 211!2007 7:56 PM Commissioners �L Q a� a. _ IUIUIIII � C = li' ®'� _ = IIIIIIIIlIIIIIIIIIII = IIIIIIIIIIUI = - = °' � f = IUllUIIIUUIIIU � = 111UIW� 1111AIL '� - � � °'° � s r r = HIIUllllllUUUI = -IIIIIIIMIIIUII- 'mom ®'i Ml������� 111 ������ ► ��p�+.N11N i I � `8 II I �J cr _ a° > >n g$ `1 lse �� � x� S� awnanoa n3lnoa � �uuB p ea Rg I 11w -n -Bl /43ifIW y��o T,S _� 5]1v.53 SL Va53 a LU V) Q 0 m -I a z O W Agenda Item No. 16A9 0 0 February 13, 2007 Page 5 of 8 CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY PROJECT NAME: VERONAWALK PHASE 1 -B LOCATION: SECTION 26,34,35, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA NAME & ADDRESS OF OWNER: DIVOSTA AND COMPANY 6005 VANDERBILT ROAD EXTENSION NAPLES, FLORIDA 34119 TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY) TOTAL COST $148,076.50 ITEM SIZE QUAN. UNIT COST TOTAL SINGLE WATER SERVICE 37 EA $160.00 $5,920.00 DOUBLE WATER SERVICE 70 EA $300.00 $21,000.00 6" DR -18 6" 654 LF $4.50 $2,943.00 6" DR -14 6" 118 LF $5.50 $649.00 8" DR -18 8" 1518 LF $5.25 $7,969.50 10" DR -18 10" 3075 LF $8.00 $24,600.00 10" DR -14 10" 210 LF $10.00 $2,100.00 12" DR -18 12" 2326 LF $10.00 $23,260.00 12" DR -14 12" 208 LF $12.00 $2,496.00 16" DR -25 16" 957 LF $12.50 $11,962.50 16" DR -18 16" 47 LF $19.50 $916.50 6" GATE VALVE 6" 3 EA $400.00 $1,200.00 8" GATE VALVE 8" 5 EA $500.00 $2,500.00 10" GATE VALVE 10" 10 EA $750.00 $7,500.00 12" GATE VALVE 12" 18 EA $1,000.00 $18,000.00 16" GATE VALVE 1611 3 EA $3,200.00 $9,600.00 pggp 5 EA $525.00 $2,625.00 6" BLOW OFF 6" 3 EA $945.00 $2,835.00 TOTAL COST $148,076.50 0 Agenda Item Pao. I6A9 = ehruary h 2067 Page 6 o'18 I do hereby certify that the quantities of materials described above are a true and accurate representation of the system. C RTI YI Brenda K.Merchant Authorized Agent OF: Haleakala Construction, Inc. 5758 Taylor Road Naples, Florida 34109 -1829 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 28th day of June, 2004 by Brenda K. Merchant who is personally known to me and who did not take an oath. SEAL: 4N, MA ON DD 177119 0Jd , Linda Mahon Commission #DD177119 Expires: Feb 21, 2007 Bonded Thru 1°f ,0 AtWWc Bonding Co., Inc. 0 0 CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY PROJECT NAME: VERONAWALK PHASE 1 -6 Agenda Item No. 16A9 February 1 =3, 2007 Page 7 of 8 LOCATION: SECTION 26,34,35, TOWNSHIP 50 SOUTH, RANGE 26 EAST p I ,1 , COLLIER COUNTY, FLORIDA " NAME & ADDRESS OF OWNER: DIVOSTA AND COMPANY 6005 VANDERBILT ROAD EXTENSION NAPLES, FLORIDA 34119 TYPE OF UTILITY SYSTEM: SANITARY SEWER (MATERIALS ONLY) ITEM SIZE QUAN. UNIT COST TOTAL LIFT STATION 1 LS $94,000.00 $94,000.00 8" SDR -26 0 -6' CUT 8" 2596 LF $4.25 $11,033.00 8" SDR - 266 -8' CUT 8" 1670 LF $4.25 $7,097.50 8" SDR -26 8 -10' CUT 8" 984 LF $4.25 $4,182.00 8" SDR -26 10 -12' CUT 8" 808 LF $4.25 $3,434.00 8" SDR -26 12 -14' CUT 8" 265 LF $4.25 $1,126.25 10" SDR - 2614 -16' CUT 10" 420 LF $5.75 $2,415.00 10" SDR -26 16 -18' CUT 10" 40 LF $5.75 $230.00 4' DIA MANHOLE 0 -6' CUT 4' 14 EA $1,700.00 $23,800.00 4' DIAMANHOLE6 -8' CUT 4' 8 EA $1,900.00 $15,200.00 4' DIAMANHOLE8 -10' CUT 4' 4 EA $1,900.00 $7,600.00 4' DIA MANHOLE 10 -12' CUT 4' 2 EA $1,900.00 $3,800.00 4' DIA MANHOLE 14 -16' CUT 4' 3 EA $4,100.00 $12,300.00 SINGLE SEWER SERVICE 6" 7 EA $375.00 $2,625.00 DOUBLE SEWER SERVICE 6" 85 EA $475.00 $40,375.00 6" FORCEMAIN 6" 663 LF $3.75 $2,486.25 6" DR -14 6" 55 LF $4.25 $233.75 8" FORCEMAIN 8" 1000 LF $5.00 $5,000.00 6" PLUG VALVE 61I 2 EA $400.00 $800.00 8" PLUG VALVE 8" 1 EA $700.00 $700.00 TOTAL COST $238,437.75 :aenda I:em N' o. i 6.x;9 re;:rraary '13, 20107 Page 8 of 8 I do hereby certify that the quantities of materials described above are a true and accurate representation of the system. CERTIFYING: BRENDA K. MERCHANT AUTHORIZED AGENT OF: Haleakala Construction, Inc. 5758 Taylor Road Naples, Florida 34109 -1829 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 25th day of October 2004 by Brenda K. Merchant who is personally known to me and who did not take an oath. r 1)-Alry A f I taflo?ti -- SEAL: inda Mahon DD 177119 Linda Mahon Commission #0177119 '= Expires: Feb 21, 2007 Bonded Thru AdWic Bonding Co., Inc. Agenda Item No. 10B1 February 13, 2007 Page 1 of 9 EXECUTIVE SUMMARY Approve the purchase of 2.52 acres of unimproved property (Parcel No. 216) which is required for the construction of a stormwater retention and treatment pond for the Oil Well Road widening project. Project No. 60044 (Fiscal Impact: $278,910) OBJECTIVE: To obtain the Board of County Commissioners' approval to purchase unimproved property which is required for the construction of a stormwater retention and treatment pond associated with the Oil Well Road widening project. CONSIDERATIONS: On April 25, 2006 the Board of County Commissioners approved Resolution No. 2006 -107 authorizing the acquisition by gift or purchase of property required for the construction of roadway, drainage and utility improvements to Oil Well Road (Project No. 60044) between Immokalee Road and Camp Keais Road. The subject property (Parcel No. 216) contains 2.52 acres and is required for the construction of a stormwater retention and treatment pond associated with the roadway improvements. Since the purchase price negotiated by staff with the record title holders, Calvin and Beverly Samuels, was in excess of $100,000, an independent real estate appraisal estimating the market value of the property was obtained in accordance with the requirements of Section 125.355, Florida Statutes. The appraiser's estimate of the market value of the property ($227,000) is based upon a unit value of $90,000 per acre. The sale price of $277,200 to which the property owner agreed, is based upon a unit value of $110,000 per acre. This unit value is well within the range of unit values derived from all of the 2006 comparable sale prices located within a five square mile area which comprises the project's "subject neighborhood." In all, 36 comparable sale properties were identified within this neighborhood with verified unit prices ranging from $43,000 per acre to $122,000 per acre. Three properties sold for between $43,000 and $48,250 per acre, and seven properties sold for between $100,900 and $122,000 per acre. The other 26 properties sold for between $50,900 per acre and $99,125 an acre. The only sale located directly on Oil Well Road itself, however, is the multi- parcel assemblage of over 22 acres at a unit price of $113,000 per acre in Tune 2006. In order to give the property owner the benefit of any doubt as to the value of the property, and in view of the cost savings to the County by avoiding condemnation, staff recommends that the Board approve the purchase of the subject property for $277,200. FISCAL IMPACT: Funds in the amount of $278,910 will come from the Transportation Supported Gas Tax Fund and Impact Fee Funds. (Total Amount includes the $277,200 purchase price and $1,710 for the approximate cost of title insurance, closing fees and recording fees.) Source of Funds are Gas Taxes and Impact Fees. P;yenda 1 ern No. 1651 February 131 2607 Page 2 of 9 GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Conunissioners of Collier County: 1. Approve the attached Purchase Agreement; 2. Authorize its Chairman to execute same on behalf of the Board; 3. Authorize the payment of all costs and expenses necessary to close the transaction; 4. Accept the conveyance of the property via Warranty Deed and authorize the County Manager or his designee to record same in the public records of Collier County, Florida; and 5. Approve any and all budget amendments required. Prepared by: Joan Smith, Property Acquisition Specialist, TECM Attachment: Purchase Agreement Aaer.aa (tern No. 161.1 February 13. 2007 Pane; Ot 9 COLLIER COUNTY BOAND OF COUNTY COMMISSIONERS Item Number: 1501 Item Summary: t cprove _�te. FarePie r _J" acres of un mproved property- (Parcel No 2161 which is required f ,)r tie ::onstruct:)r of a stnrmvrate, rete -ition and treatment pono for the Oil Well Road + /ioenmg pm ect Protect No 60044 rF-,scal Impact .:5271?.99C. Col Meeting Date: 2%13; 2. D7 J GO.00 "M Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 1/22/2007 10:32 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1!23!2007 3:58 PM Approved By Gary Putaansuu Senior Project Manager Date Transportation Engineering and Transportation Services 1119!2007 10:31 AM Construction Approved By Michael Greene Project Manager Date Transportation Engineering & Transportation Services Construction Management 112912007 10:47 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1129,2007 2:16 PM Approved By fJafeh Ahmad Director Date Transportation Engineering & Transportation Services 1129/2007 2:45 PM Construction Management Approved By Pat Lehnhard Executive Secretary Dote Transportation Services Transportation Services Admin 112912007 2:57 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/3012007 7:43 AM .Approved By Lisa Taylor ManagementiBudget Analyst Date Transportation Services Transportation Administration 1130:2007 3:35 PM Approved By Susan Usher Senior ManagemenVBudget Analyst Date County Manager's Office Office of Management & Budget 2'212007 12:45 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office o; Management & Budget 212/2007 4:16 PM Approved By Jaynes V. Mudd County Manager Date Board of County Commissioners County Manager's Office 202007 4:20 PIN PROJECT: 60044 PARCEL No: 216 FOLIO No: 40010680001 PURCHASE AGREEMENT A�ence !'em N3. 11 65_ 1 3g e 4 Gi THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this day of , 200_, by and between CALVIN M. SAMUELS and BEVERLEY A. SAMUELS, HIS WIFE, whose mailing address is 970 N.W. 185th Terrace, Pembroke Pines, Florida 33029 -3648 (hereinafter referred to as Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser "). WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property "), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to Purchaser for the sum of: $ 277.200.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 10 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner, payable by County Warrant, shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, and all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Owner shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to the applicable title standards adopted by the Florida Bar and in accordance with law. Prior to the Closing, Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents "): (a) Warranty Deed; (b) Closing Statement; (c) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit; Purchase Agreement (d) W -9 Form; and Agenda Item Igo. 16B1 February 13. 2007 Page 2 Page 5 of 9 (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and /or title company. 4. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 5. Both Owner and Purchaser agree that time is of the essence of this Agreement and that, therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. Purchaser shall be entitled to full possession of the Property at Closing. 6. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. Owner is aware 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. 8. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the Property, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. :ement agenda iiem No. ',,3 -1 February 13. .2007 Page 3 Page 6 of 9 There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Property or which adversely affect Owner's ability to perform -iereunder; nor is there any other charge or expense upon or related to :he Property which has not been disclosed to Purchaser in writing prior to :he effective date of this Agreement. 'urchaser is entering into this Agreement based upon Owner's , epresentations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the physical condition of the Property or the governmental ordinances or laws governing same. (h) The Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph 8(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 10. Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien- holder or other encumbrance- holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer. Purchase Agreement Agenda Item No. 16131 F=ebruary 13, 2 +007 Page 4 Page 7 of 9 11. All ad valorem real estate taxes due on the Property during Owner's term of possession, and all maintenance charges and assessments due from Owner, for which a bill is rendered prior to closing, will be charged against Owner on the closing statement. 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 Owner. 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 Owner. If Closing occurs at a date when the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. 12. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 13. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner 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 the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (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.) 14. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or consensual cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 15. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. This Agreement is governed and construed in accordance with the laws of the State of Florida. Purchase Agreement Aaenda Hem No. 16B1 February 13. 2337 Page 5 Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 200_. Property acquisition approved by BCC pursuant to Resolution No. 2006 -107, dated April 25, 2006. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk AS TO OWNER: DATED: 01 10 41D 7 Witness ignature) -1) An a I a RXFIit, Name (Pr' t or Ty (Witness (Signature) Name (Print or Type) DATED: b D Witness (Sig ure) Ana 0, Ro I I-e- me (Prin rType ) 111: `r,)✓,, Witness (Signature) (( '� y--m, Nc -q N ANnL Name (Print or Type) Approved as to form and legal sufficiency: Ellen T. Chadweii Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, Chairman i l / L N M. SA EL "'fawt,og BEVERLEY A. SAMUELS PROJECT NO. 60044 PROJECT PARCEL NO. 216 �{EiI�tT LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) ALL OF TRACT 71, GOLDEN GATE ESTATES UNIT NO.65 -A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 2.52 ACRES, MORE OR LESS. enda Item f. February 3.. pale NOT TO SCALE Collier County Transportation Engineering & Construclion Management Department 11/07106 4:50 PM 1 a1 2 07 9 of 9 Agenda Item No. 16B2 February 13, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to award a construction contract to Bonness, Inc. for Livingston Road (C.R. 881) Intersection Improvements at Pine Ridge Road, Bid No. 07 -4096, Project No. 60016, in the amount of $420,587.37 OBJECTIVE: To award a construction contract for Livingston Road (C.R. 881) Intersection Improvements at Pine Ridge Road to Bonness, Inc., in accordance with Bid No. 07 -4096. CONSIDERATIONS: The project consists of reconstructing the northbound dual right turn lanes at the Pine Ridge Road intersection, including construction of concrete curb and gutter, sidewalks, together with traffic signal and drainage improvements. The improvements will allow for two northbound left turn lanes, three northbound through lanes and two northbound right turn lanes on Livingston Road at the Pine Ridge Road intersection. The project was submitted for advertisement on November 27, 2006 and 151 vendors were notified. A non - mandatory pre -bid meeting was held on December 11, 2006. Three (3) bids were opened on January 17, 2007 and are as follows: °ol— Bonness, Inc. $420,587.37 Quality Enterprises USA $524,708.53 Better Roads, Inc. $551,770.60 * Purchasing Department reviewed all bids and found some errors in the bids submitted by Bonness and Better Roads. The total bid dollar amounts shown have been verified and corrected after accounting for the bid errors. The low bid from Bonness, Inc. is 17.5% below the Engineer's Estimate of Cost of $510,000.00. FISCAL IMPACT: Funds in the amount of $420,587.37 are available in the Transportation supported Gas Tax Funds 313. Source of funds are gas taxes. GROWTH MANAGEMENT IMPACT: The intersection improvements on Livingston Road (C.R. 88 1) at Pine Ridge Road have no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the contract with Bonness, Inc. for the construction of the Livingston Road Intersection Improvements at Pine Ridge Road and authorize the Chairman to execute the standard contract after review and approval by the County Attorney's Office. Prepared By: Julio F. Ordofiez, Principal Project Manager, TECM Attachment: Revised Bid Tabulation A ierda Item No. 1682 February 13. 2007 page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Recommendation to award a censtnrrfior. contraot to Bon =iess. 'nc for l.ivmgston R.oae i� R oLt i Intercec.tion MProvernents at Fine Ridge Road. Bid No 07- 4096, Protect Nc 60616 it rie amo=.int of S4?6 587 37. Meeting Date: 2)", "V20C 00 00 ;'M Prepared By Julio F. Ordonez Senior Project Manager Date Transportation Engineering and Transportation Services Construction 1 %2312007 2:57:16 PM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 1123/2007 3:00 PM Approved By Dale A. Banton, P.E. Prinicipal Project Manager Date Transportation Engineering and Transportation Services 1123f2007 3:04 PM Construction Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1/23 /2007 4:05 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 1125:2007 1:56 PM Approved By Steve Carrell Purchasng /General Svcs Director Date Administrative Services Purchasing 112912007 9:22 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1129:2007 2:31 PM Approved By Najeh Ahmad Director Date Transportation Engineering & T ransportation Services 112912007 2:50 PM Construction Management Approved By Rookmin Nauth Management /Budget Analyst Date Transportation Engineering and Transportation Services 1 %29!2007 3:02 PM Construction Co Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/2912007 4:05 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 113012007 7:40 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Offrce Office of Management & Budget 21212007 1:16 PM Approved By Mrehaei Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 2/2/2007 4:16 PM ...._.... Approved By James V. Mudd County Manager Date Board of County County Manager's Office 2,2!2007 4:30 PM Commissioners Jan-22 -07 15:17 P"njeet mar,: Julio ordmet Date Posted 11 -27 -06 paw Due. 1 -17 -07 From-Col Iier County Purchasing A30enduma- 1 239 732 0844 ep d 1 e�I Nr). 1 B2 T -095 , . 3 -t,07 Page 3 of 1,1 Notices Sent 151 Pz.lwmq- Requ66ted. 11 Q- Received 3 LIVINGSTON ROAD (C.R. 881) INTERSECTION IMPROVEMENTS AT PINE RIDGE ROAD (C.R, 896) COLLIER COUNTY PROJECT No. 66065 B!D # 07- 4096 SCHEDULE REVISur^i (Ca���aucna .-' ,�_,dd) C'C -P-2& 1 of 2 Be1Lar RoaGS, Inc- Gonnos:, Inc Qualify Entorprfse& USA, Inc. ITEM No. DESCRIPTION UNIT QuANTm UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 101 -1 MOBILIZATION LS 1 $ 34 400.00 S 34,400 OC S 19 2'2.50 S 19.212 50 $ 79,200.03 S 79.20D.00 102 -1 MAINTENANCE OF TRAFFIC LS 1 S 22.000.00 S 22,000 00 S `.9,673.78 S 1S.57378 $ 25 000 00 3 25 000 00 102.76 ADV. WARN, ARROW PANELS (. SIGNS, 30 D EA.) ED 120 $ 1900 al"x; T)8. S 903 5 1.063.60 S 1000 S. 1,200.00 102 -99 VAR;ADLE MESSAGE S:GN (4 SIGNS, 90 D EA.) ED 120 $ 27.00 k' si 'w% ( ` �`. „,.¢'�ap z. S 20.32 S 2.43840 $ 22.50 S 2,700.00 104-131 STAKED SILT FENCE LF 650 S 0.95 $ 617. SO S 2.50 S 1625.00 S 1 68 $ 1.22200 110.1-1 STANDARD CLEARING & GRVBSING LS 1 S 18,400 00 S 18,40C.00 S 21,336 61 S 21,336.61 S 15.625.00 S. 15,625 00 120 -1 EXCAVATION CY 485 $ 41 40 $ 20,079.00 $ 14.53 S 7,047.C5 $ 25.00 $ 12,12500 120.6 EMBANKMENT CY 606 $ 4670 S 29,51220 S 3274 S 19.840 44 S 25.00 $ 15,150 00 F OWA @LE FILL CY 50 3 265.00 `v 1-4.250.00 3 189.31 S 8.465.50 S 156.28 IS 7,812.50 28S7 ASPH CONC SA$ETYPEB (ABC -3. 9 "THICK) Sy 1,154 S 47.50 S 54.815 OO 5 4827 3 55,703.58 S 475C $ 54 815 00 427.70.1 MILLING EXISTING ASPHALT PAVEMENT (1` AVE.) Sy 606 S 15.25 S 9.241 .50 S 17.86 $ 10 823.16 S 15.00 $ 9090.00 331 -2 ASPHA -TIC CONCRETE TYPE S (1- AVERAGE) (RESURFACE& OVERBUILD) TN 259 $ 99.50 S 25,770.50 S 9.35 S 2,421.65 S 1',6.76 S 30,756.25 391.7210 ASPHALTIC CONC. TYPE SdII (1" T -(ICK) Sy 1.509 S 9.00 $ 14.461.00 S 6.95 $ 11 ,142.55 S 6 B $ 11 .069.92 31 -72 -20 ASPHALTIC CONC. Tl` >E SI (2' THICK) $Y 1 -54 3 1400 S 16.156,00 $ 1294 S 1403276 S 11.25 S 12982 50 42S.1-L51 CURB INLETTYPE P-5 EA 1 S 17.40C.00 S 17.400 00 S 4,492.56 S 4,492.55 S 5.000.00 $ 5,00000 425 -1 -351 CURB IN_EiTYPE P -6 EA 1 S 17,700 00 5 17.7C0.00 S 5.192.42 $ 5.192.42 S 5 000 00 S 5 0012.30 425.2 VALVE BOX. ADJUST EA 10 $ 1,09000 $ 10,900.00 5 349.92 S 3,499.20 5 218.75 S 2,167 50 425.11 EXISTING DRAINAGE STRUCTURES. MOD. FY EA 4 S 2,900.00 S 11 800.00 S 1,862.50 S 7,450, CC S 3,125.00 ^a 12,500.00 4a0-171-125 CONCRETE P'oE CULVERT (In LF 24 3 750.00 S 18.000.00 3 153.99 S 4.415.76 S 312.50 $ 7,500.0 520-1 -10 CONCRETECL'RB &GUTTER TYPE "F" LF 970 $ 14.00 S 13,563.00 S 15.17 S 14,714.90 S 2000 . $ 19.400.00 5 --•2 CONCRETE SIDEWALK. 5- THICK Sy 673 $ 48 50 $ 325 4 C. 5 0 $ 44.87 S 30.197.51 S 50.00 $ 33 650. CO 5751.1 SODDING (BAHIA) Sy 1.247 S 1,75 $ 2,182.25 S 1.80 S 2.244.60 3 3.13 $ 3.903.11 00.40.1 SIGN. SINGLE POST EA 2 S 27300 3 546.00 S 282.20 S 564 40 S 312.50 S 6;5.100 70C-46 -14 EXIST. SIGN, REMOVE (MAST ARM) AS S 245 00 S 245.00 S 26220 5 282.20 S 125.00 $ 12600 700.46.21 EXIST. $ION, RELOCATE (SINGLE POST) AS 2 S 164.00 $ 328 DO S 169.31 S 338.02 $ 187 SO S 375.00 7063 REFLECTIVE PAVEMENT MARKERS EA 82 $ 6 50 S -133.00 $ 6.77 S $55.14 S 7.50 S 61500 71090 REFLECTIVE PAINT (ISLAND N05E)(YELLOW) SY 6 5 11.30 S 6503 S 11.28 S 67. Be 5 12.50 S 75 OD 711-3 PAVEVEN'TMESSAGESTHERMOPLASTIC EA 5 $ 136.00 S 68000 S 141_10 S 7C5 50 S 15625 $ 781.25 711.4 DIRECTIONAL ARROWS, THERMOPLASTIC EA 10 S 93.00 $ 93000 $ 95.95 $ 959.50 S 1.525 S 1.06250 711.7 REMOVE EXLSTING PAVEMENT MARKIr4GS LS 1 is 5 54500 5 545.00 S 564 39 $ 50439 S 62500 S 525.00 711.37 -51 TRAFFIC STRIPE. SOLID. I HERMO. (6" WFfTE) :.F 488 D BS 5 1,26480 S 0 91 $ 1,354.08 $ 00 S 1.48800 71187 -B1 TRAFFIC STRIPE, $OLIO_ THERMO. (6' WHITE) LF 440 $ ".65 S 72600 $ 1.69 5 743.50 $ 1.88 $ 827.20 711.37 -:21 TRAFP C $TRIPE, SOLID, 7-HERMO. (12" WRITE) LF Se S 4.35 S 251.30 S 4.51 S 261.58 $ 5.00 S 290.00 711- 37-sel TRAFF C STRIP -. SOLIO. - HERMO. (1E- W-IITE) LF 32 $ 6.50 $ 209.00 $ 0.77 S 21664 S 750 S 240 00 711- 37.241 TRAFFIC STRIPE. SOUO. TolERMO C24" yvHTE) LF 29 S &.70 $ 252 30 S 903 S 2151 87 S 10.00 S 290.00 715 -37 -5 PHOTO ELE ^_T. CONTROL ASSEMBLY (RELOC) EA 1 S 2.290 00 S 2,290.00 S 282.20 S 282.20 $ 2,708.75 5 2.708 75 7'S-41 -S4 LIGHT POLE. ALUMINUM (F&9(46' HIGH. 15' ARM) EA 1 S 5 300 O. S 5.300 00 $ 6.208.31 S 6.208.31 $ 5.640.25 $ 6, 6116.25 715--44.54 LIGHT POLE ALUMINUM (RELOCATE) EA 1 S 1.500.00 5 1 SCO.00 S 9,950.75 S 3.05075 5 •. 83375 S. 1.833 76 797 TD.1 UTLIT'Y LOGAT28. UNDERGROUND M EA 20 $ 250.00 5 5,000.00 $ 248.33 ��Si".'r *lq i�`i1 S 187.50 $ 3,73C.00 1050 - 11-124 UTILRY RELOCATIONS EA 2 $ 29.400.00 S 58.800.00 S 2',582.37 $ 43,164 7 4 S17.8111250 S 35,625 00 1644.611 FIRE HYDRANT, RELOCATE EA 1 y 4,900.00 S 4,900.00 $ 2,088.25 S 2,088.25 S 1,875.00 .0 1 875 OC ROAOWgY3U8TOTAL: S 473.6l1.85 427,746.40 REVISur^i (Ca���aucna .-' ,�_,dd) C'C -P-2& 1 of 2 Jan -22 -O7 15:17 From - Collier County Purchasins 239 732 0844 T -095 i I� '- � 2 Page 4 of 4 Project Mgt.. JuIIo Ordonex Addendvm: 1 lvolices Sent 151 PPSIPd 11-27-CO Packages Requested: 11 Date Bids Received: 3 Date Due. 1 -,7 -07 UVINGSTON ROAD (C.R. 881) INTERSECTION IMPROVEMENTS AT PINE RIDGE ROAD (C.R. 896) COLLIER COUNTY PROJECT No. 6606$ SID # 074096 SCHEDULg CONTINUED Material Manufactures (YIN): YC. Yes Yes List of Subcontractors (YIN): Yes Yo4 Yes Statement of Experience of Siddef (YIN): Yes Yes Yes Trench Safety Act (YIN): Ycs Yes Yes 5' and (YIN): Yes Yes Yes Opening Agent: Brenda Bri(hart tfVltnF°s: Courtney Grosman C. This is a preliminary 6ummary of the bids as they were opened end announced at the bld Oponing Bid prices have nOt Doan verified and are swOjoo to change in the evenT mathematical errors are otacovored during bid review. Other inforMation Contained in thls Summary is also subject to review. Snaded afail6 dep.at CalCUlatiens come Ctad. REVISED rCSicwations Corrected) GC -P -2a 2 of 2 Beftir Roads, Inc. Bonness, Inc. at *uty Egterprlses USA, im ITEM No. DESCRIPTION UNIT ouau![TTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 -12 Condult(F &p (underground) L 47DO $ 9.10 S 4 277.00 S 16.94 S 7,951.80 S 10.89 S 5.08C 70 632 -6-1 Cable (Signal) (F8q LF 1550 S 14.35 S 2,367.75 S 9.03 S 1.489.95 5 16.94 $ 2,785.10 5.1.11 PuS 8 junction Boxes (F81) (PuL Box) EA so S 446.00 S 2.676.00 $ 356.86 $ 2,201.16 $ 548.75 S 3,292.50 &1y -C11 -001 Mast Arm Assembly (F&I 1 H,Vh Loading) (Singie Arm wfo Luminsdra) (Arm B,) (Pole D7) �A 1.0 $+ 30,400.00 S 30,40000 $ 3B,378.70 5 38.378.70 $ 37,98625 $ 37,986.25 85651 -311 Tmffc Signal (F &0 (3Seeon, 1 Way) AS 2.0 S 1,72000 S 5.160.00 S 1 25295 $ 3,756.65 S 2,166.25 S 6,498 75 851181 Pedestrian Signal (F &I) (LCD IntoMaLPnal Symbol, Countdown) 0 Way) AS 10 S 1,175.00 $ 2,350.00 S 1,015.91 S 2.031.82 S 1.458.75 S 2,917.50 653 -19Z PedestrianSi gnel (P &f)(_90Interneoonel,Symbol Countdown) (2 Way) AS 1.0 S 2,115.00 S 2,115.00 $ 1,075.91 S 1.015.91 S 2,61125 $ 2.611.25 d5s"107 Sigrial head Auxiliaries (P &1) (Awm. Pedestal) EA 3.0 $ 1,400.00 S 4.200.00 S 84659 S 2.539,77 S 1.708.75 $ 5.126.25 637411 Vehicle Detector Assemblies (F&I) (Optical Tyne) EA 7.0 S 17,000.00 S 17,OOC 00 $ 9.876.87 $ 9876.87 $ 2 1.388.75 S 21.388.75 4F-11 Pedestrian Dowctor (F&l) (Pole Movnted) EA 4.0 S 28:.00 3 1.140.00 $ 112.88 S 451.52 $ 347.50 S 1.390.00 5-410 Actu Staid .$did Sate Controller As:omb- (Modife) AS 10 $ 1,635 -00 S 1.63500 $ 8"16589 5 8,46569 3 1,675,00 $ 1,87S 00 890.10 Rom we Traffic Signal Assembly EA 2.0 S 425.00 $ 850.00 S 16931 S 338.62 S 521.25 S 1.042.50 600.20 Remove Pedestrian Signal Aeaembly EA 2.0 S 294.00 $ 568.00 $ 16931 $ 338.62 $ 353.75 S 70750 699 -1.1 Intemary ulominatee Sign EA 10 a 3,40000 $ 3,400.00 $ 6,208.31 S 6.208.31 S 4.250.00 $ 4 250.00 SIGNAL SUP -TOTAL S 78. 15875 >I S 96,96285 TOTAL BASE B70: Y'$;t?'?T y 5 �i: rk Kip: z „Y $ 524,706.53 Material Manufactures (YIN): YC. Yes Yes List of Subcontractors (YIN): Yes Yo4 Yes Statement of Experience of Siddef (YIN): Yes Yes Yes Trench Safety Act (YIN): Ycs Yes Yes 5' and (YIN): Yes Yes Yes Opening Agent: Brenda Bri(hart tfVltnF°s: Courtney Grosman C. This is a preliminary 6ummary of the bids as they were opened end announced at the bld Oponing Bid prices have nOt Doan verified and are swOjoo to change in the evenT mathematical errors are otacovored during bid review. Other inforMation Contained in thls Summary is also subject to review. Snaded afail6 dep.at CalCUlatiens come Ctad. REVISED rCSicwations Corrected) GC -P -2a 2 of 2 Agenda Item No. 1683 ebruary 13, 2007 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve a South Florida Water Management District Local Governmental Grant Agreement No. 4600000608 in the amount of $250,000 for partial funding of the 2007 Australian Pine Tree Removal Program. OBJECTI`'E: To receive approval of a South Florida Water Management District (SFWMD) Local Governmental Grant Agreement No. 4600000608 in the amount of 5250,000 for partial funding of the 2007 Australian Pine Tree Removal Program. CONSIDERATIONS: In consideration of the mutual benefits to the SFWMD and Collier County $250,000.00 is being granted to Collier County to offset the cost of the 2007 Australian Pine Tree Removal Program. No official application was required. The contract was offered after informal discussions with the SFWMD and County staff took place. Exotic vegetation eradication is a resource enhancement and enhances flood control and stormwater management by improving the existing conditions along hundreds of feet of canal bank. Removing the threat of trees blowing over during a storm event causing major flow restrictions in adjacent canals and ditches is one of the main points of this project. Removal of exotic plants also eliminates seed sources decreasing the rate of propagation of these undesirable species. The project must be completed within one year of execution of the agreement. FISCAL IMPACT: The total proposed revenue from the funding agreement is $250,000. Matching funds in the amount of $250,000 are available in the FY 07 Stormwater CIP Fund 325, Project 51501. GROWTH MANAGEMENT IMPACT: The Australian Pine Removal project is in accordance with the goals and objectives of the Drainage Sub - element of the Growth Management Plan. RECOMMENDATION: Approve the attached South Florida Water Management District Grant Agreement No. 4600000608 in the amount of $250,000 for partial funding of the 2007 Australian Pine Tree Removal Program and to direct the Board Chairman to execute the agreement. Prepared By: Margaret A. Bishop, Senior Project Manager, Transportation Services Division, Stormwater Management Department Attachment: Agreement Agenda Item.NQ. 16E3 February 11 Fa��'1.L002 7 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600000608 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DIS'T'RICT AND COLLIER COUNTY THIS AGREEMENT is entered into as of the the South Florida Water I.4anagement District (DISTRICT) and Collier County (COUNTY). by and between WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY for FY 2007 Australian Pine Tree Removal Program; and WHEREAS, the COUNTY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and WHEREAS, the Governing Board of the District at its January 11, 2007 meeting, approved entering into this AGREEMENT with the COUNTY; and NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other clood and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities for removal of Australian Pine Trees along hundreds of feet of canal bank. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of Six (6) Months. The total DISTRICT contribution shall not exceed the amount of Two Hund-red Fifty "Thousand Dollars and No Cents ($250,000.00). The DISTRICT will provide the full amount based on the Payment and Deliverable Schedule set forth in Exhibit "B", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not -to- exceed AGREEMENT funding limitation of $250,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total consideration for this AGREEMENT is subject to multi -year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the Agreement No. 4600000608 ,Pa(,e I of 5 genda !iar—n hlo. 16EE3 F�-bruury 13 2337 contrarv. The DITS RIOT wIll not t Pane a of 12 Ify he COUNTY in wrlting inter the adoption c f the final DISTi~ IC'T budect for each subsequent rise al gear of finding s not .,ppr,-vc,; for this AGREEMENT. 4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The COUNTY shall report and document the amount of funds expended per month during the quarterly reporting period and the ".GREEMENT e xpen3itures to date within the maximum not -to- exceed AGREEMENT funding limitation., 5. The COUNTY shall cost share in the total amount of- - 4-- $36fa,0p in conformity with the laws and regulations governing the COUNTY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A". Statement of Work, which is attached hereto and made a part of this AGREEMENT. The COUNTY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the COUNTY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond the expiration date, unless authorized through execution of an amendment to cover succeeding periods. 7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The COUNTY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The COUNTY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to he responsible for the payment of all monies due under any subcontract. It is understood and agreed by the COUNTY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s), Both the DISTRICT and the COUNTY shall have joint ownership rights to all wort: items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor( s), assign(s), agents) and;'or successor(s) as required by the Exhibit "A ", Statement of �ri%oik. Both parties' ri-L"hts to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the COUNTY under this AGREEMENT shall be deemed to be the property of the COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all ownership to 'tangible property. The COUN'T'Y, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the COUNTY and the officers, employees, servants and agents thereof. T_Ie COUNTY represents that it is sclf- funded for Worker's Compensation and liability insurance, covering bodily injury. personal injury and property damage, «with such protection being applicable to the COUNTY, its officers and employees while acting within the scope of their emplo }anent during performance of under this AGF EENIENT. In the event that the COUNTY subcontracts any part or all of the tivork hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by flee COUNTY. Any contract awarded by the COUNTY shall include a provision whereby the COUNTY's subcontractor a-rees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection wi *.h the COUNTY's subcontract. 10. The COUNTY and the DISTRICT further a,ree that nothing contained herein shall be construed or interpreted as (1) denying to either part ", any remedy or defense available to such party under the lat��s of the State of Florida, (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a Nvaivcr of sovereign immunity of the State of Florida beyond the wai%er provided in Section 768.28, Florida Statutes. 11. The parties to this AGREE,VfENT are independent entities and are not employees or agents of the other nartlPc lvnf nth cr it2 thic, Af'AW U"R.iE \TT "I 11 i. ,. .. 1 _ ti__i_ r-' _ _ o1at� ��, iiitu�rctcu i0 6staullsi- aiI }' .:,iiLt,URSlllp other than That of independent entities, between the DISTRICT, the COUNTY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not Agreement No. 4606000608 .Page 2 of 5 Agenda Item No. 10E3 February 13, 20017 Page 4 of 12 assign, delegate or otherwise transf r their rights and obligations as set forth in this AGREEPvrPNT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the COUNTY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter. 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establisldng such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 16. The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights below. The COUNTY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The COUNTY shall maintain all financial and non - financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such exarnination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availabilitv of Records for LeQal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the COUNTY shall, in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the COUNTY as set forth in Exhibit "C ". The COUNTY shall maintain all financiat'non- financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) ,Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement 4 edit acco rn ta ht„ r equ „w., a ,vVor ,redera, , projects as federal imposed bi laii S and levll,a ttUns (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year Agreement No. 4600000605 ,Page 3 of 5 Acenda Item No. 113E3 February 13, 2007 B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the - f s�- of 12 Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the COUNTY's financial and non - financial records to the extent necessary to monitor the COUNTY's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District Attn: Max Guerra, Project Manager Telephone No, (239) 597 -1505 ext. 7612 Attn: Rupert Giroux, Contract Specialist Telephone No. (561) 682 -2532 Address: P.O. Box 24680 3301 Gun Club Road Rest Palm Beach, FL 33416 -4680 Collier County Attn: Margaret Bishop, Project Manager Telephone No. (239) 213 -5857 .Address: 2585 South Horseshoe Drive Maples, FL 34104 19. COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to ,witing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under iaw or at equity. 22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 23. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shalt constitute a continuing waiver unless the writing states otherwise. 24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue throuch negotiation or other forms of non - binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. 25. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements; negotiations, or agreements previously existing between: the parries with respect to the subject matter of this AGREEMENT. 26. Ar:Y inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: Agreement No. 4600000608 ,Page 4 of 5 Agenda Item Ido. 16133 ✓ February 13, 2007 f,a) Terms and Conditions outlined in preceding paragraphs I — 24 Page 6 of 12 (b) Exhibit "A" Statement of Work (c) all other exhibits, attachments and docunncnt-s specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first N,,,Titt,,n above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT 0 SFWMD PROCURENIENTAPPROVED "By- Date: ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Frank Havdcn, Director of Procurement COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: Chairman Approved at to form and legal sufficiency: By: Tom Palmer, Assistant County Attorney Agreement No. 4600000608 Page 11 of 5 Agenda Item No. 16E3 F --bruary "3. 2-907 Paae 7 of 12 EXHIBIT "A" STATEMENT OF WORK COOPERATIVE AGREEMENT WITH COLLIER COUNTY FOR PARTIAL FUNDING OF THE FY 2007 AUSTRALIAN PINE TREE REMOVAL PROGRAM A. INTRODUCTION Collier County has requested partial funding for implementation of the County's FY 2005 Australian pine tree removal program. Australian Pine trees are declared a public nuisance by Collier County Ordinance 99 -51 when located in or adjacent to rights) -of- way, canal(s), and easements. They are also designated "Prohibited Aquatic Plants" by the Department of Environmental Protection as referenced in Chapter 62C -52, Florida Administrative Code. When growing along a canal bank, Australian pine trees have a tendency to out -grow the support provided by their root system. This situation can pose a threat of personal injury and property damage, as these trees are prone to topple over in moderate to high winds. These trees have the potential to block flows in the drainage system if they were toppled into the ditches or canals. Some Australian Pines have purposely been planted, however most of these trees have established themselves along the hich water line adjacent to the secondary drainage system. The damage caused by the recent hurricanes, has increased public awareness of the need to remove Australian Pine trees. This project is consistent with the mission of the Big Cypress Basin. Exotic vegetation eradication is a resource enhancement. The degree of enhancement is dependent on the magnitude of the removal effort. The total estimated cost of the project ism-, F - The County is now requesting the amount of 5250,000 from the Big Cypress Basin Board to support this project. B. OBJECTIVES The objective of the project is the removal of Australian Pine trees along hundreds of feet of canal bank, thereby enhancing flood control and stormwater management. Removal of these trees will also improve properties by reducing the risk of personal or property damage should these trees topple over in high winds. Removing the threat of trees blowing over during a storm event, causing major flow restrictions in adjacent canals and ditches, is one of the main points of this project. Removal of exotic plants also eliminates seed sources decreasing the rate of propagation of these undesirable species. Through extensive interaction with property ov,-ners adjacent to the work sites many residents have been educated with facts on the exotic vegretation infestation problem within Collier County, The project is based upon matching funds that will come from the Courtv's FY 2007 Budget. Page 1 of 4, Agreement 4600000605 Agenda Item No. 10B3 FebrL:ary 13, 2007 Page 8 of 12 C. SCOPE OF WORK The scope of work includes all labor, materials, supervision, equipment, supplies, tools, services, disposal methods and all other incidentals required to perform all exotic vegetation removal work covered by this proposed contract. The proposed locations are illustrated in Fig. 1. D. WORK BREAKDOWN STRUCTURE ➢ Mobilization of equipment to designated access points r Prenare gt.acyinu .Areas in decianaterl wnrlr citac Tree removal operation of all exotic tree species at each work site Treatment of all created stumps with growth preventive herbicide Work completion and Acceptance Page 2 of 4, Agreement 4600000608 cenda "'em kk, 1,SE3 Feb-uary 13, 2007 Page 9 of 12 -R CIF ('07-NTY PROJECT No. 51501 007 JTS'TR._U'UN PINE RE-AjI0V-U PROJE, CT LOCATION -�LNP COE TER C,:)U.',TL 'Y BOA-RD C(DUNITY C012,I)IISSION—ERS N 'B._-1'; PORTATIrDN ZERT CEIS 3VIWA ,71 MA TA Legend �;n Scum H ACM HOE DFJ',: HAPIX, FLMIDA ?AID4 I r.9) ?74-Sj9-, 0 "'c1J0 2.(W L ------- �� Fw I MAR-'AP;:T F34',P DATE �LV:-MK- - _R2 QLL-F i 77H AVE P44,,Fs -7H A', T- ZbA' frtl,-�L ZN P$ SW -R' CA S IV 41 III jj P�, p 2 PI, -r- ELS Co"INTY 7/1. I "if, P� SJ, —A Z:Fj",P..EA j pli A L AY- 77 20- ARE', -3 2 A TJ PEA Ll AVE- �14• siv 2fir -L W' . ...... Sli, T A EAR B. -RA Erj S AL ANA —41N AL COE TER C,:)U.',TL 'Y BOA-RD C(DUNITY C012,I)IISSION—ERS N 'B._-1'; PORTATIrDN ZERT CEIS 3VIWA ,71 MA TA Legend �;n Scum H ACM HOE DFJ',: HAPIX, FLMIDA ?AID4 I r.9) ?74-Sj9-, 0 "'c1J0 2.(W L ------- �� Fw I MAR-'AP;:T F34',P DATE �LV:-MK- - _R2 QLL-F P44,,Fs S IV P�, p W -r- ELS Co"INTY 7/1. 2W7 AREA Z:Fj",P..EA j 77 20- ARE', -3 2 A TJ PEA Ll COE TER C,:)U.',TL 'Y BOA-RD C(DUNITY C012,I)IISSION—ERS N 'B._-1'; PORTATIrDN ZERT CEIS ,71 MA TA �;n Scum H ACM HOE DFJ',: HAPIX, FLMIDA ?AID4 I r.9) ?74-Sj9-, 0 "'c1J0 2.(W L ------- �� Fw I MAR-'AP;:T F34',P DATE �LV:-MK- - _R2 QLL-F Pa-e I of 4, A c� . _ueL-mcnt 4600000608 PAYMENT AND DELIVERABLES SCHEDULE Task Deliverables BCB Cost Share 1 Mobilization 2 Prepare Staging Areas 3 Tree Removal 4 Herbicide Application 5 Demobilization -Final Acceptance Total BCB Share 5250, 000 Agenda Item Frio. 1083 February 13; 2007 Page 10 of 12 Due Date 01/07 02/07 03/07 04/07 05/07 A lump sum of 5250,000 will be paid to the County upon completion of the tree removal project and submission of a final acceptance certificate. If the total consideration for this AGREEMENT is subject to multi -year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current finding, notwithstanding other provisions in this AGREEMENT to the contrary. Page 4 of 4, Agreement 4600000603 O JR, cn Z tii O ay 72 li cC 7Z I•I 0 I i 7 vi s FeNruary 13, 9 9007 Page ^ I o of 121 t cj Agenda Item No. 1663 February 13. 2007 Page: 12 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -�-^ Item Number: 16'B:i Item Summary: F2ecommendauon t: approve a Soul ri P.Orda Water Ma naaement Distract Loca! Governmental Grart Agreement No 460CD00606 in me amoun. of 3250.000 for partial f.tmmrig or the 2407 F.ustrahan Pine Tree Removal Program Meeting Date: 21113120C, 9 00 00 :;M Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 1/1812007 2:26 PM Approved By Margaret A. Bishop Project: Manager Date Transportation Services Stormwater Management 111812D07 3:58 PM Approved By Kay Luongo Grants Coordinator Date Transportation Services Transportation Admin 1119/2007 2.36 PM Approved By Eugene Calvert Principal Project Manager Date Transportation Engineering and Transportations Services 1/1912007 4:54 PM Construction Management Approved By Thomas Palmer Assistant County Attorney Date County Attomey County Attorney Office 1/2312007 2:09 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. V2312007 3:54 PM Approved By Lisa Hendrickson Senior Planner Date Transportation Services Alternative Transportation Modes 11291200,' 2:34 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1/30/2007 2:26 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1130/2007 3:04 PM Approved By OIk9B Coordinator Adnunistrative Assistant Date County Managers Office Office of Management & Budget 1/3112007 7:52 AM Approved By Susan Usher Senior f0anagementtBudget Anaiyst Date County Manager's Office Office of Management & Budget 217;2067 6:15 AM Approved By Michael Smykowski Management& Budget Director Date County Managers Office Office of Management & Budget 217 %2007 9:03 AM Approved By James V. Mudd County Uanager Date Board of County County Manages s Office 21'1200-1, 9:29 AM Commissioners Agenda Item No. 16B4 February 13, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to award Bid #07 -4086 — "Supply & Install Traffic Signs and Markings" to Trutwin Industries, Inc. for the approximate amount of $90,500. OBJECTIVE: The primary objective of this contract is to provide equipment, materials and labor for installation of end -of -road signage for all canal road endings in Golden Gate Estates. A secondary objective will include on -going installations of signs and markers as needed. CONSIDERATIONS: Bid #07 -4086 was publicly posted on October 20, 2006 with notices of invitation to bid sent to 136 vendors of which one (1) response was received by the due date of November 9, 2006. The initial bid would have exceeded the budgeted amount for the primary objective. Because of this and because of inconsistencies in the proposal, the amount proposed for signage for all canal road endings in Golden Gates Estates was negotiated, and the revised amounts will be sufficient to complete the job under budget. It is staff's recommendation to award this bid to the lowest, qualified and responsive bidder, Trutwin Industries, Inc. After negotiations, the bid falls under budget for the primary objective. GROWTH MANAGEMENT IMPACT: This contract has no direct growth management impact, and it is consistent with the County's long -term growth plans. FISCAL IMPACT: Funding will come from the Traffic Operations Capital Outlay Fund (101) in the approximate amount of $90,500.00. Source of funds are Ad Valorem Taxes. RECOMMENDATION: That the Board of County Commissioners award Bid #07 -4086 - "Supply & Install Traffic Signs and Markings" to Trutwin Industries, Inc. Prepared By: Bob Register, P.E., PTOE, Collier County Traffic Operations Engineer Attachment: Bid Tabulation, Bid #07 -4086 le- Agenda Item No. 1684 February 13, 2007 Page 2 of 4 Project Mgr.: Robert Register Bid # 07 -4086 Notices Sent: 136 Date Posted: 10 -20 -06 Supply & Install Traffic Signs and Markings Packages Requested: 6 Date Due: 11 -9 -06 Addendums: 1 Bids Received: 1 TRUTWIN INDUSTRIES INC. Standards. Collier County Traffic Operations will provide direction as to locations and type of installation to be provided as necessary. TYPE A: End of road installations with no sight obstructions blocking the opposing approach to the canal: Cost per installation $ $582.00 TYPE B: End of road installations consisting of an additional DEAD END sign only: Cost per installation $ $150.00 Manual on Uniform Traffic Control Devices (MUTCD) — STOP Sign (Pressure Sensitive Fabricated .080 Gauge Aluminum): Manual on Uniform Traffic Control Devices (MUTCD) - Regulatory, Warning and Guide Sign Faces (Pressure Sensitive Fabricated .080 Gauge Aluminum): 3900 Series Diamond - grade VIP or Equivalent Cost/Sq Foot $14.40 Manual on Uniform Traffic Control Devices (MUTCD) - Regulatory, Warning and Guide Sign Faces (Pressure Sensitive Fabricated .080 Gauge Aluminum): Manual on Uniform Traffic Control Devices (MUTCD) - School Zone Sign Faces (Pressure Sensitive Fabricated .080 Gauge Aluminum): 3800 Series High - intensity or E uivalent Cost/Sq foot (face to be designated at time $8.96 of order Manual on Uniform Traffic Control Devices (MUTCD) - School Zone Sign Faces (Pressure Sensitive Fabricated .080 Gauge Aluminum): Revised (Negotiated) FYG 3983 VIP Diamond -grade or Equivalent Cost/Sq Foot (face to be designated at time $14.83 of purchase) Revised (Negotiated) Aclen-'a i,em No. 1,654 February 13; 2007 Paae 3 of 4 Project Mgr.: Robert Register Bid # 07 -4086 Notices Sent: 136 Date Posted: 10 -20 -06 Supply & Install Traffic Signs and Markings Packages Requested: 6 Date Due: 11 -9 -06 Addendums: 1 Bids Received: 1 TRUTWIN INDUSTRIES, INC. Concrete Mix When Required (Includes any additional labor & equipment: 20# Concrete Mix Cost/Bag $9.10 Posts & Hardware: Installation (labor only): 2" Square 14 ga. Galvanized #2 Galvanized U- Cost/Sign Uni -Strut Channel Cost/Sign One -Post Two -Post One -Post Cost/installation Installation Installation Installation 8 foot 24.38 48.76 21.28 10 foot 30.47 60.94 26.61 12 foot 36.56 73.12 XXXXXXX XX 3 foot XXXXXXXXXX extensionx2.25" 22.07 44.14 Installation (labor only): Travel Time Travel time will be charged at % man -hour for a one -post installation and one (1) man - hour for a two -post installation. One -Post Installation Two -Post Installation $60.00 Cost/Sign $30.00 Installation Cost/Sign Travel Time Travel time will be charged at % man -hour for a one -post installation and one (1) man - hour for a two -post installation. PROVIDE AN ORIGINAL and ONE COPY of your Bid Response Pages. Opening Agent: Brenda Briihart Witness: Courtney Grosman This is a preliminary summary of the bids as they were opened and announced at the bid opening. Bid prices have not been verified and are subject to change in the event mathematical errors are discovered during bid review. Other information contained in this summary is also subject to review. Revised (Negotiated) One -Post Two -Post Installation Installation Cost/Sign $150.00 $150.00 Per Trip Per Trip PROVIDE AN ORIGINAL and ONE COPY of your Bid Response Pages. Opening Agent: Brenda Briihart Witness: Courtney Grosman This is a preliminary summary of the bids as they were opened and announced at the bid opening. Bid prices have not been verified and are subject to change in the event mathematical errors are discovered during bid review. Other information contained in this summary is also subject to review. Revised (Negotiated) Agenda (tern Np. 1�iH4 F e bru L1 rV —S',, 2007 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1684 Item Summary: Recommen0ation m award Bid 1107 -4080 Supply & Insfah Traffic Signs and Marnungs to Tnnwin Industries Inc !or the approxirate amount of 590.';00 Meeting Date: 2113/200- 9.00:00 P.M Prepared By Robert Register Traffic Ops Engineer Date Transportation Services Traffic Operations V2912007 11:20:05 AM Approved By Brenda Brilhart Purohasing Agent Date Administrative Services Purchasing 112912007 1:25 PM Approved By Barbara La Pierre ManagemeotfBudget Analyst Date Transoortaton Services Traffic Operations 1129.'2007 1:59 PM Approved By Robert W. Tipton, P.E. Traffic Operations Director Date Transportation Services Traffic Operations 112912007 2:37 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing V29/2007 3:13 PM Approved By Norm E. Feder, AICP T- ransportation Division Administrator Date Transportation Services Transportation Services Admin, 1/29/2007 4:55 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 112912007 5:26 PM Approved By Steve Carrell Purchasing /General Svcs Director Date Administrative Services Purchasing 1130/2007 2:56 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 113012007 3:06 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1!31!2007 7:54 AM Approved By Mark isackson Budget Analyst Date County Managers Office Office of Management & Budget 1!31!2007 2:06 PM Approved By Michael Smykowski Management. & Budget Director Date County Manaaer's Office Office of Management & Budget 2/112007 6:22 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 21112007 3:16 PM Agenda item No. 1685 February 13, 2007 EXECUTIVE SUMMARY Page 1 of 6 . �. Recommendation to approve Change Order #5 to add $298,485.00 for continuing Inspection Services for KCCS, Inc. under ITQ 04 -3583 "CEI Services for Collier County Road Projects" for Project No. 60006 "Grade Separated Overpass Road Project on Golden Gate Parkway and over Airport - Pulling Road." OBJECTIVE: To continue professional Construction Engineering and Inspection (CEI) Services from a highly qualified firm for the Grade Separated Overpass Project on Golden Gate Parkway and over Airport- Pulling Road. CONSIDERATIONS: KCCS, Inc. has been providing CEI services for this road construction project since September of 2004 with an anticipated completion in September of 2006. Due to encountering unsuitable material for the roadway construction, a de- mucking operation and a complete redesign of the "S" walls, the project is now scheduled to be completed in June of 2007. The additional contract time added to the project will cause a shortfall in funding for the CEI Services. FISCAL IMPACT: Funds in the amount of $298,485.00 are available in the Transportation supported Gas Tax Funds 313. Source of funds are gas taxes. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Change Order to KCCS, Inc. for the continuation of inspection services for this project and authorize its Chairman to execute this Change Order No. 5. Prepared by: James Zuver, Field Engineering Inspector, TECM Attachments: (1) Contract Modification Form; (2) Change Order /KCCS Backup - Estimated Cost Agenda Item No. 168,5 February 112007 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: ICIB5 Item Summary: Recommendation to approve Cnarge Order H5 to add 5;298 485.00 for contirning Inspection Services for KCCS, inc. under ITC, 04 -3583 cEl Services for Collie, Court, Road - 'rvlecis `or Prolect No 60006 Grade Separated Overpass Road Project on Golder, Gate Parkway and ove *Airport- pultna Road Meeting Date: 2/13:20,; 90000 AM Prepared By James S. Zuver Field Engineering Inspector Date Transportation Engineering and 7125/2007 1:08:53 PM 'IYansporYa6on Services Construction Approved By Steve Ritter Field Engineering Inspector Date I ranspartation Engineering and 112912007 1:37 PM Transportation Services Construction Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin, 1!2912007 1:55 PM Approved By Naieh Ahmad Director Date Transportation Engineering & Transportation Services 112912007 2:53 PM Construction Management Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 112912007 3:29 PM Approved By Lisa Taylor ManagementlBudget Analyst Date Transportation Services Transportation Administration 1130/2007 3:30 PM Approved By Rhonda Rembert Contract Specialist Date Administrative Serrices Purchasing 113112007 1:07 PM Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 21V2007 10:20 AM Approved By Fat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 211/2007 10:56 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 211/2007 4:17 PM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Mananement & Budget 21212007 1:11 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 212/2007 2:46 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 21612007 7:47 PM Commissioners Agenda Item No. 16135 CONTRACT/WORK ORDER MODIFICATION February 13, 2007 Gage 3 of r CHECKLIST FORM Revised 215107 PROJECT NAME: Golden Gate Grade Separated Overpass PROJECT #: 60006 BID /RFP #: 04 -3583 MOD #: 6 PO #: 4500031477 WORK ORDER #: DEPARTMENT: T.E.C.M. CONTRACTOR /FIR NAME: KCCS. Inc. Original Contract Amount: Current BCC Approved Amount Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: v 2.367.811.00 !S_arting Point) $ 2.367.811.00 {Last Total Amount Approved by the BCC) S 2.604.486.50 (Including All Changes Prior To This Modification) S 298.485.00 S 2.902.971.50 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 535.160.50 Date of Last BCC Approval July 27, 2004 Agenda Item # 10(F) Percentage of the change over /under current contract amount 11.5 Formula: (Revised Amount / Last BCC approved amount) -1 Results and Actions Contracts: If the change exceeds 10°,io of the Curren; BCC amount, then BCC approval is required- equal to or less than 1C% reported to BCC by the purchasing department CCNA Work Orders: For all work orders that exceed $200.000 where the change does not exceed 101% or S1C.000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval, NON -CCNA Work Orders. If the change exceeds 10cl'r of the current BCC amount. then BCC approval is required. If in doubt contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d, CURRENT COMPLETION DATE iS) ORIGINAL: November 1.2006 CURRENT: Julv 2, 2007 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Adding Additional Money for insaection and Proiect Manacement due to Construction Contract beina extended after encounterine unforeseen conditions (Muck). JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Additional monev needed to cover costs of Inspection and Proiect Management, Construction was to be completed in September 06, now proiect is scheduled to be completed in June of 07 due to encountering unsuitable material for Roadwav Construction A redesign of the °S" walls was required for ccnstruction. PARTIES CONTACTED REGARDING THE CHANGE: James Zuver. Engineering Inspector/Proiect Manaqer T.E.C.M. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N /A) Y Proposed change !s ccnslste:nt vvirh the scope of the existing agreement Y Proposed change is in -act ar addition or deletion to the existing scope Y Change is being imclemented in a manner cons!stert w!th the existing agreement Y The appropriate carries ~gave peen consulted recard'nc the chance Y Proposed prices- fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. APPROVE BY' i;� / - z'it„!_ �' .� i;..i.- ���...�.•— Cate: �� :c � /P,'lpie. Manap�/ REVIEWED cam': ^+ Ca.e Contra_ SpeClalkst ReN i cd ] 0 2 4.2006 CHANGE ORDER Agenda Item No. 16135 February 13.. 2007 Page 4 of 6 CHANGE ORDER NO. 05 (Revised) CONTRACT NO.04 -3583 BCC Date: July 27, 2004 Agenda Item: #!0 M TO: KCCS INC. 4273 Enterprise Avenue Unit 4 Naples FL 34104 DATE: January 23 2007 PROJECT NAME: Golden Gate Grade Separated Overpass PROJECT NO.: 60006 Under our AGREEMENT dated July 27 2004. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: ;Type in clearly identified chanae here if short, otherwise use attachment and identify. Example: See attached Exhibit "A ") FOR THE (Additive) Sum of: Original Agreement Amount Sum of Previous Changes This Change Order (Add) Present Agreement Amount 298.485.00 $2,367,811-00 $ 236 675.50 $ 298 485.00 $2,902,971.50 The time for completion shall be (increased: "decresed) by -0- calendar days due to this Change Order. Accordingly, the Contract Time is now ( 1059 ) calendar days. The substantial completion date is 612107 and the final completion date is 712/07 . 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: 1-4 � (P 2007 BOARD OF COUNTY COMMISSIONERS KCCS, Inc. y� Prepared by: Trey Barck,by, Pr6jectEngineer, K CS,Inc. t By: Stephen H. McGucken, P.E. Chief Operating Officer OF COLLIER COUNTY, FLORIDA CONTRACTOR: Approved by: James Zuver,- oject Manger Approved b Steve Ritter, Manager — Road Construction Approved by: Jay Ahmo, P'.E., Mfecto? T.E.C.M. Authorized by: Norman E. Feder,AICP Administrator,Tran. Div. Agenca Item No. 16B5 February 13, 2007 Page 5 of 6 DM 22 -Jan -20,17 - ESTIMATED COSTS - MODIFICATION #6 - CHANGE ORDER #5 - CONSTRUCTION ENGINEERING AND INSPECTION SERVICES Project #60006 rj Prepared for. Collier County, Florida Project Description: Construction Engineering & Inspection for Golden Gate Parkway - Grade Separated Overpass from Bear's Paw to Livingston Road Proposal for Modification #6 - CIO #5 Employee Regular Time Avg. Hourly Salary Classification Manhours Billing Rate Costs QiA - Sr. Project Engineer 132.00 $156.00 $ 20,592 Project Administrator 660.00 $110.00 $ 72,600 Sr. Inspector- Rdwy 660.00 $79.00 $ 52.140 Sr. Inspector -Util 330.00 $79.00 $ 26,070 Inspector -Rdwy 495.00 557.00 $ 28,215 Inspector- Briaae 495.09 $57.00 $ 28,215 Secretary,'Clerk 660.00 $52.00 $ 34.320 TOTALS: 3.432.00 S 76.38 $ 262,152 a. Overtime Allowance - Salary Related Costs (Limiting Amount) -Sr. Inspectors (2): 990.00 manhrs X 20% = 198 X $79.00 per hr = $ 15,642 ~inspectors(2): 990.00 manhrs X 20% = 198 X $57.00 per hr = S 11.286 S 26.928 Sub - total: $ 289.080 b. Lump Sum Expenses: S - Subtotal - KCCS: $ 269,080 MacTec - Subconsultant (CEO: Employee Regular Time Avg. Hourly Salary Classification Manhours Billing Rate Costs Asphalt Plant Inspector 165.00 $57.00 $ 9,405 Total Manhours (KCCS & MM: 3.597.00 MacTec (Subconsultant) - Total Limiting Amount: $ 9.405 d. Subconsultant (Sampling & Testing) $ - e. Optional Services & Contingencies $ - TOTAL MAXIMUM LIMITING FEES: S 298,485 Estimate prepared by: KCCS, Inc. Phone No.: (813) 871 -5331 CONSULTANT CEI STAFFING ESTIMATE FORM OFFICE PREPARING ESTIMATE Fort Mvem CLIEN7, Collier Courty PROJECT NO; COME PROJECT NAME /F -rn/To C:aden Gate Fancwa, Grape Separated Oweroass COUNTY other - PROJECT TYPE S DESCRIPTION :..YVeroas -s and NhOem, ^g DATE PREPARED 5 -Fer C7 DESCRIPTION: r,msal far Modification 06 - Change Omer 05 Agenda Item NO. 1685 February 13, 2007 Page 6 of 6 Item No. Personnel Classifications 2007 TOTAL Man Man Months Hours Jan. 1 Feb 2 Mar 3 Apr 4 May 5 Jun 6 Jul 7 Aug B Sep 9 OM FO Nov 11 Ooc 12 1 CEI Senor Project Engineer (sow) 1 030 0.20 0.20 0.201 0.80 132.00 2 CEI Pro'ectAdministrator {tb) 1.00 1.00 1.00 LOO 4.00 660.00 3 Contract Support Specialist 0.00 0.00 4 CEI Office Manager O.00 0'00 5 CEI Senor Inspector Mdwy) (tg) 1.00 1.00 1.00 1.00 4.00 660.00 6 CEI Senor Inspector (Bridge) (to) 1.00 1.00 2.00 330.00 7 CEI Inspector (kb) 1.00 1.00 L00 3.00 495.00 8 CEI Inspector (dr) 1.00 1.001 L00 3.00 495.00 9 lAsphalt Plant Inspector (Mactoc) 0.50 0.50 j LOO 1 165.00 10 ICEI Inspector Aide 0.00 0.00 ll Secretary /Clerk Typist 1.00 1.00 LOO 1.00 1 4.00 660.00 12 Errvirotmverital Specialist 0.00 0.00 13 0.00 0.00 I 14 0.00 C.00 15 0.00 0.00 lb I 0.00 0.00 17 0-001 0.00 1& 0.00 0.00 19 I ' 0.00 0.00 20 O.Oo 0.00 21 I I 0.00 0.00 22 0.00 0.00 23 ( 0.00 0.00 TOTAL 0.00 0.00 6. 201 6.20 5.701 3,701 0.001 0.001 0.001 0.001 0.00j 0.00 21.80{ 3597.00 24 3- Person Survey Field Party ow ys 25 4- Person Survey Field Party � 0 Days 26 5- Person Survey Field Party Assumptions: 21512 -07 520^,.40000_mcd5rev fee_as....C20507xts Agenda Item No. 1686 February 13, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve the use of the rate of $3,850 per 1,000 square feet based on an alternative road impact fee calculation for a proposed American Signature Furniture store to be located at the Triangle Parcel north of the intersection of U.S. 41 Tamiami Trail North and Old U.S. 41 OBJECTIVE: For the Board of County Commissioners to approve the use of an alternative road impact fee calculation and associated rate of $3,850 per 1,000 square feet for a proposed American Signature Furniture store located at the Triangle Parcel north of the intersection of U.S. 41 Tamiami Trail North and Old U.S. 41. CONSIDERATION: On February 14, 2006, Agnoli, Barber and Brundage, Inc. submitted a site development plan (SDP) application package on behalf of Benderson Development Co., Inc. (the Applicant). The SDP includes a 134,000 square foot building designated for furniture sales and a 13,000 square foot pharmacy to be located at the Triangle Parcel north of the intersection of U.S. 41 Tamiami Trail North and Old U.S. 41 (C.R. 887). On July 25, 2006, the Board approved an alternative road impact fee calculation resulting in the above rate for the City Furniture /Ashley Furniture store, which will take up 86,000 square feet of the furniture sales building area. Another furniture store, American Signature Furniture, will take up the remaining 48,000 square feet. The applicant desires to apply the same rate, $3,850 per 1,000 square feet, to this remaining square footage. t-- Use of the trip characteristic data derived from the above independent study results in a calculated road impact fee rate of $3,850 per 1,000 square feet, which represents a downward adjustment of $10,103 from the Retail rate of $13,953 per 1,000 square feet. The resulting road impact fee assessment would, thus, be $184,800 as opposed to $669,744 at the Retail rate —a downward adjustment of $484,944 or 72.4 %. Pursuant to Section 74 -201 of Collier County Ordinance No. 2001 -13, as amended, the Consolidated Impact Fee Ordinance (CIFO), impact fees are normally assessed on new developments based on the adopted fee schedule in effect at the time of building permit application. However, Section 74 -204 provides for submittal of an alternative calculation study by the applicant if he /she believes the nature, timing or location of the proposed development makes it likely to generate infrastructure impacts costing less than the amount generated by application of the adopted fee schedule. Section 74- 204(d) authorizes the re -use of a previously conducted local study, as is being recommended herein, if it was performed within the immediately preceding three years and provided it is supported by a data base adequate for the conclusions contained in such study preformed pursuant to a methodology generally accepted by professionals in the field of expertise for the public facilities at issue and based upon standard sources of information relating to facilities planning, cost analysis and demographics and generally accepted by professionals in the field of expertise for the public facilities at issue. The previously approved City �. Furniture /Ashley Furniture study meets or exceeds all of the above requirements. Since the American Signature Furniture store will be located on the very same parcel as the City Agenda Item No. 1666 February 13, 2007 Paae 2 of 5 Furniture /Ashley Furniture facility, and since the two establishments market similar product lines, one can reasonably expect the new store to create similar trip characteristics. Due to insufficient available data, there is no Furniture Store category in the current road impact fee rate schedule. Lacking a special study such as this one, staff would otherwise have to apply the general Retail rate for a facility of 50,000 square feet or less, which is $13,953 per thousand square feet. This general Retail rate is very high compared to the recommended rate because it is based upon approximately 300 studies of shopping centers throughout the United States and Canada conducted by the Institute of Transportation Engineers (ITE). The average trip length and percentage of new trips for the Retail category are derived from a Florida Studies Database compiled by Tindale- Oliver and Associates. The ITE's reference book, Trip Generation, 7`n Edition, contains trip generation data for a Furniture Store category, but the indicated trip generation rate of 5.06 trips per 1,000 square feet is based on a comparably small number of studies. Because of this, the Board has provided direction to staff to obtain additional data upon which to subsequently base a new Furniture Store rate. The large recommended adjustment of 72.4 percent is due to there being no appropriate category in the fee schedule for this particular land use. Staff plans to use data from this independent study combined with additional studies of local furniture stores to develop a Furniture Store category for incorporation into the fee schedule. That effort is currently under way as part of a full update study for the road impact fee rate schedule. Staff will present the updated fee schedule to the Board in Spring 2007 for adoption. - To be legally defensible, the dollar amount assessed must represent no more than a proportional share of the cost of the public facilities needed to accommodate the new development. 1,2 In order to achieve this standard and avoid overcharging, experts in the field recommend that jurisdictions base estimates of facility usage (i.e., for transportation facilities: trip generation rates, average trip lengths and percentage of new trips) on the most current and locally sensitive data available.3 A dual rational nexus test has evolved from Florida case law whereby jurisdictions are required to ensure that (1) impact fees are calculated to reflect no more than the cost of infrastructure necessitated by new development, and (2) impact fees collected are expended so as to directly benefit the development for which the fees are paid. The fee based on the above study represents a more current, locally sensitive and accurate estimate of this furniture store's impact on the County's road network than does the fee based on the parameters set forth in the current road impact fee schedule for the Retail category. LEGAL CONSIDERATION: The County Attorney's Office has reviewed this item and has found it to be legally sufficient. FISCAL IMPACT: The road impact fee will be deposited into the District No. 1 Road Impact Fee Trust Account (Fund 33 1) prior to the issuance of a building permit. The alternative fee calculation of $184,800 (48 ksf X $3,850 = $184,800) results in a minus 72.4% adjustment from the Retail rate, a difference of 5484,944 ($669,744 - $184,800 = $484,944) to be assessed for the ' Contractors & Builders Association of Pinellas County v. City of Dunedin, 329 So.2d 314 (Fla. 1976), cert. denied 444 U.S. 867 (1979) 2 Hollywood, Inc. v. Broward County, 431 So.2d 606 (Fla. 4th DCA 1983) 3 Kolo, Jerry, and Todd J. Dicker. 1993. Practical Issues in Adopting Local Impact Fees. State and Local Government Review Vol. 25, No. 3 (Fall): 197 -206 Agenda Item No. 16136 February 13, 2007 Page 3 of 5 proposed furniture store. The dollar amount assessed may vary if the actual size of the facility, according to the final building plans, is not exactly 48,000 square feet; however, the proposed rate would remain the same at $3,850 per 1,000 square feet. At 48,000 square feet, the adjustment would result in $484,944 less funding for capital improvements to the County's transportation facilities system; however, staff is convinced the proposed rate more accurately reflects the proposed facility's proportional share of the cost of transportation facilities needed to accommodate its impacts. Although this adjustment would result in fewer available funds for road improvements, it would ensure compliance with the first part of the aforementioned dual rational nexus test, thus, reducing the County's exposure to possible litigation. GROWTH MANAGEMENT IMPACT: Road impact fees are an important funding source for transportation system capital improvements identified in the Capital Improvement Element of the Growth Management Plan. The proposed adjustment would result in less impact fee dollars collected for road improvements but not to such a degree as to adversely affect the Five -Year Schedule of Capital Improvements. RECOMMENDATION: That the Board of County Commissioners approve the use of the alternative road impact fee calculation and resulting rate of $3,850 per 1,000 square feet for the proposed furniture store. Prepared by: Phillip R. Tindall, Principal Planner — Concurrency Transportation Planning Department Attachment: 1) Transportation Impact Fee Calculation Worksheet Agenda Item No. 1586 February 13, 2007 Page 4 of 5 Collier County Transportation Impact Fee Calculation Worksheet Project: City Furniture /Ashley Furniture Land Use: Furniture Store Fixed Criteria: Lane Capacity 10,901 trips per day Construction Cost $6,300,248 per lane mile Gas Tax Credit $863 - based on trip ends calculated below. 1 -Mil Tax Credit $406 — based on Collier County 2005/2006 Road Impact Fee Update Study Interstate Reduction Factor 12% Variable Criteria Trip Generation Rate 7.1 trip ends / 1000 sf Percent New Trips 81.0% Assessable Trip Length 4.0 miles - 0.50 local trip miles = 3.50 miles Compute Trip Ends Per Day per 1000 sf Trip generation rate x size x percent new trips = Trip ends per day 7.1 1 0.81 5.751 Trip Ends per day Compute Lane Miles Per Day (Trip ends /Day x Average Trip Length) /(Lane Capacity x 2) = Lane Miles per day 5.751 3.50 21,802 0.000923241 Lane Miles per day Compute Net Impact Fee per 1000 sf (Lane miles per day x Cost per lane mile x interstate reduction factor) - gas tax credit 0.000923 6,300248 0.88 1,269 $3,850 Aceraa li=nt No, 16B6 Felf>ruary 2K7 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1606 Item Summary: to aporcve the use c7 - . 'ale of 13 �C Per r ,000 squa. e f- et based on a^ ahem 'V - roan t. 2= fee C IculatOri f( a F:CPOsed Amer t!'. ana_ fe `urndure store to "e local _. ..._ -- iangl� Parse: north cf the intersection of L 'aortae :r&i "!orth and Meeting Date: 1/13;20J; 9.00.00 i' m Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 429/2007 1:18 PM Approved By Phill Tindall Principal Planner Date Transportation Services Transportation Planning 1129/2007 4:45 PM Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning V29 /2007 4. 46 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin, 1129i2007 5,05 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 113112007 1:31 PM Approved By Amy Patterson Impact Fee Manager Date, Community Development & Environmental Services Financial Admin. & Mousing 21112007 10:00 AM Approved By Pat Lennhard Executive Secretary pate Transportation Services transportation Services Admin 2;112007 10;59 AM Approved By OM8 Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 2{1!2007 4:22 PM Approved By Susan Usher Senior Management /Budget Analyst Date Caunty Manager's Office Office of Management & Budget 212200? 12:59 PM Approved By Michael Smykowski Management & Budget Director Date ::aunty Manager's Office Office of Management & Budget 2!212007 4.27 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managers Office 2/2/2007 5,08 PM Agenda Item No. 16C1 February 13, 2007 Page 1 of 14 °~ Executive Summary Recommendation to approve an agreement with FEBCO Inc a Division of Watts Water Technologies Inc. that allows FEBCO to seek certification of their Backflow Prevention Devices (BPD's) otherwise known as Reduced Pressure Detector Assemblies (RPDA's), which were installed during the inception of the fire and irrigation water system improvements in Pelican Bay. Project Number 74023. OBJECTIVE: The public purpose of this agreement is to ensure that public safety is maintained by resolving an issue of the lack of certification of installed Backflow Prevention Devices as is required by the Collier County Ordinance No 97 -33 and Fire Code NFPA 13 Chap. 15.1.8.3. The proposed agreement will allow time for the rn equipment manufacturer to secure the necessary certification and enable continual use of devices currently in place. CONSIDERATION: The background is as follows; Beginning in year 2001, seventy five (75) FEBCO 886V RPDA's were installed with the understanding that certification was pending from, 1) Underwriters Laboratory (UL) as required by the Fire Code and 2) the University of Southern California Foundation for Cross Connection Control and Hydraulic Research (USC- FCCC), as required by Ordinance. The 886V RPDA is a composite of the FEBCO 880 RPDA and the FEBCO 860 Bypass. The 880 RPDA is a BPD that prevents water on the service side of the device from flowing back into the main supply in the event of a pressure drop, preventing possible cross contamination from the service line to the water supply. The 880 has full certifications • The 860 Bypass is a bypass detector that senses if a main line is tapped and if the tap bypasses a recording device, such as the meter. The 860 bypass also has full certifications • The 886V RPDA combines both functions in one unit; however the composite unit is not certified. The certification process was interrupted as the manufacturer of the unit, FEBCO, experienced product support difficulties caused when they were acquired at various times by various corporations. Watts Water Technologies Inc is the current parent company of FEBCO and they are pursuing the required certifications of the 886V. Twenty -one (21) of the FEBCO 886V RPDA have either been replaced with other manufacturer's approved devices or other FEBCO models, due to various reasons. For instance, forensic investigations by the County and independently by FEBCO /Watts verified that three (3) of the five (5) chronically failing assemblies had delaminating internal epoxy coatings, the other two (2) were found to be clogged with debris, a common issue with all RDPA's. All five (5) were replaced with the fully certified FEBCO 880 RPDA which does not however, have the bypass as required by Ordinance. f-- Agenda Item No. 161 February 13, 2007 Page 2 of 14 In cooperation with the North Naples Fire Control District and the Collier County Public Utilities Water Department these five devices were granted temporary variances. Fifty four (54) uncertified FEBCO RPDA are currently in service in the Pelican Bay Development. FEBCO /Watts has agreed to terms that obligate them 1) to pursue and obtain certification of the 886V RPDA within three years, 2) to reimburse the County for the expense of removing the three RDPA that had manufacturer's defects, and 3) to assume the cost of replacing all of the remaining assemblies if certification is not achieved. The Collier County Water Department and the North Naples Fire Control District have agreed to accept those terms and to temporarily waive the requirements of Ordinance 97- 33 and Fire Code NFPA 13 Chap. 15.1.8.3. The 886V RPDA is performing as designed with noted exceptions of manufacturing defects. However, certified installers will not replace the defective units with the same model unless they are certified; and often replacement with a different device requires complete reconstruction of the site over several days, which would leave the system unprotected during that time. So to avoid a possibly litigious and costly replacement of all fifty four (54) remaining units, and to maintain the health and safety of the public, County staff and FEBCO /Watts have negotiated the terms as presented in the attached agreement. FISCAL IMPACT: These measures are consistent with the 2005 Wastewater Master Plan Update adopted by the Board of County Commissioners as Agenda Item 10 (B) on ,,,._. June 6, 2006. The potential cost savings associated with approval of this agreement is at a minimum $810,000.00, which reflects the cost of replacing all the 886V RPDA's with comparable devices. The County will recoup $24,900.00 labor cost to replace 3 (three) of the defective assemblies and is not expected to make any further fiscal disbursements. GROWTH MANAGEMENT IMPACT: These improvements meet current Growth Management Plan standards to ensure the viability of public facilities. RECOMMENDATION: That the Board of County Commissioners, Ex- officio the governing board of the Collier County Water -Sewer District: 1. Approve the FEBCO/Watts and County staff settlement agreement attached to certify the devices in three years 2. Concur with the Grant of temporary waiver to Ordinance 97 -33 to FEBCO's RPDA's for the duration of the three years, which is to expire after that time. 3. Authorize the Chairman to execute the agreement with Watts Water Technologies, DBA. FEBCO, after approval as to form and legal sufficiency by the County Attorney's Office. PREPARED BY: Claude Nesbitt, Project Manager, Public Utilities Engineering Department 4oenda Item No. 1601 February 13, 2007 Page 3 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: loci Item Summary: Recommenoatien to aperove an agreement with FENGO Inc a Division of Watts VVa:er ., Tecrtncivales ;itc Ifia. allows FFECO to seer cenf:cat or of Ines Backflow :,n v. nuor Devices iBPDsj otterwise known as Reduced Pressure Detector Assembles iRPD.4s1, which were installed during the inception of the fire and rngavon water system improvements in Pe,[[can. Bay Project Number 74423 Meeting Date: 2!13!20071 9 00 0o AM Prepared By Claude Nesbitt Project Manager Date Public Utilities Public Utilities Engineering 11812007 3:20.24 PIA Approved By Lyn Wood Purchasing Agent Date Purchasing 111112007 7:56 AM Administrative Services Approved By William D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 1118!2007 8:47 AM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 111812007 9'.32 AM Approved By Paul Mattausch Water Director Date Public Utilities Water V1812007 PM Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 111 812007 12.23 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 111812007 '1:57 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 111912007 8:44 AM Approved By Roy B, Anderson. P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 1/19/2007 4:11 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 1/2212007 3:13 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management &. Budget 1!2412007 8:24 AM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 21212007 10:21 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 2/512007 1:36 PM Approved By James V. Mudd County Manager Date ....... Board of County County Manager's Office 215/2007 7:01 PM Commissioners Agenda Item No. 16C1 February 13; 2007 Page 4 of 14 Agreement THIS AGREEMENT made and entered into on this day of 2007, by and between FEBCO, A Division of Watts Water Technologies, Inc., whose corporate headquarters business address is 815 Chestnut Street, North Andover, MA 01845 -6098, and The Board of County Commissioners, Collier County Florida, a political subdivision of the State of Florida, hereinafter called the "County ": WITNESSETH: Fifty four (54) uncertified FEBCO 886V Reduced Pressure Detector Assemblies (RPDA) Backflow Prevention Devices are currently in service in the Pelican Bay Development as part of the Pelican Bay Fire Suppression and Irrigation Improvement Project (Project No. 74023). The device is a composite of the FEBCO 880 RPDA and the FEBCO 860 Bypass. Both are certified, though the composite is not. The bypass was required by Collier County Ordinance 97 -33. Seventy five (75) FEBCO 886V Reduced Pressure Detector Assemblies (RPDA) Back Flow Prevention Devices were installed between December 12, 2001 and November 30, 2002, with the understanding that certification by UL /USC was pending, However, as of this Agreement date certification has not been achieved. Collier County has replaced sixteen (16) of the 886V RPDA with another manufacturer's approved device due to chronic failure of the FEBCO 886V RPDA. Five (5) other FEBCO 886V RPDA were replaced with FEBCO 880 RPDA (without by -pass) when it was suspected that those five (5) assemblies were failing due to de- lamination of the internal epoxy coating. Forensic investigations by the County and by FEBCO /Watts verified that three of the five assemblies had delaminating epoxy coatings. In cooperation with the North Naples Fire Control District and the Collier County Public Utilities Water Department, those five (5) FEBCO 880 - RPDA's were allowed a variance to Ordinance No. 97 -33. To finally gain certification and restore the County's confidence in the FEBCO 886V RPDA, Collier County, The North Naples Fire Control District and FEBCO /Watts agree to the retrofit upgrade of fifty four (54) 886V RPDA, sizes 4 ", 6" and 8 ", after certification and approvals from 1) Underwriters Laboratories and 2) University of Southern California Foundation for Cross Connection Control and Hydraulic Research with the following understandings: FEBCO/Watts will a. Submit the 4" size to USC by January 11, 2007. The 6" and 8" sizes will be submitted in the first and second quarters of 2007. All submittals are expected to be made to USC by the third quarter of 2007. b. Schedule the total time per size to obtain the approvals listed below to be a maximum of three (3) years commencing from January 11, 2007, and expiring on September 30, 2010. Any modification of the timeline must be mutually agreeable. c. Submit to UL after the completion of the USC lab testing. Agenda Item No. 16C1 February 13, 2007 Page 5of14 d. Notify Collier County at critical events and phases. e. Provide a schedule to Collier County with the dates and established lead times, including a copy of the Gantt chart with the USC/UL certification plan. Item f. below, will define the timelines. f. Starting immediately — provide replacements for any components or units that are found not to comply with their current manufacturing specifications. FEBCO / Watts will continue this process until the completion of USC laboratory testing and UL approval for the particular size. g. Assume reasonable financial responsibility of agreed upon labor and replacement costs for a certified tester to repair any 886 device failures that are caused due to verifiable manufacturers defects. h. Upon completion of the USC laboratory testing, documentation and UL approval (by size) FEBCO / Watts will retrofit (by size) the appropriate component of each unit of the total 54 units (48 each 8 inch, 3 each 6 inch and 1 each 4 inch) of the 886V units installed in Pelican Bay. i. Warranty the upgraded products with the standard FEBCO manufacture's warranty for a period of one (1) year from the unit's retrofit date. j. Have available, FEBCO / Watts's factory personnel to assist in the upgrade; however, a certified tester will be responsible for the final test of the product. k. If by the end of the three years, per size, the approvals have not been completed, replace all units not upgraded or approved with approved units at FEBCO's expense. 1. Reimburse Collier County for labor to replace the three (3) RPDA' verified to have factory lamination defects. A total of $24,900.00. The County will a. Provide the water department's temporary variance of Ordinance No. 97 -33 for the duration of the three years of testing, per size. b. Secure the North Naples Fire Control District temporary variance of the applicable Fire Code requirements for the duration of the three years of testing, per size. c. Regard all information submitted to Collier County concerning the approval status of the 886 products, as strictly confidential to the extent, if any, authorized by specific exceptions to Florida's Public Records Law. d. Treat all information as a "need to know" basis to the extent, if any, authorized by specific exceptions to Florida's Public Records Law. e. Submit test results and parts that are suspected of being outside of FEBCO/Watts current manufacturing specifications to FEBCO/Watts for inspection £ Accept reimbursement of the three (3) RPDA verified to have lamination defects Agenda Item No. 16C1 February 13, 2007 Page 6 of 14 IN WITNESS WHEREOF, the Parities hereto have executed this Agreement this day of , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA, Date: Approved as to form and legal sufficiency Assistant County Attorney By: Print: Title: Chairman Watts Water Technologies Inc FEBCO Witness (Signature) Name: By' (Print or Type) Print: Ernest E. Elliott Title: Executive Vice President of Wholesale Marketing Witness (Signature) Name: (Print or Type) Aaenda Item No. 1601 February 13, 2007 Page 7 at 14 NFPA. 13 — May 2002 ROP — Copyright 2001. NFPA 15.1.6.1 Connection Between Underground and Aboveground Piping. 15.2.5.2.1 In nrltlition to the requirements of Sectit r. 16.1.2, The water capacity ora pressure tank shall include the exrra rapacity 15.1.6.1.1 The connection between the syarem piping and needed no fill dry pipe or prcaction systems where installed. underground piping shall be madc wlth n suitable transition piece and shall be properly strapped or fastened by approved devices. 15.2.3.2.2 The total volume shall be based on The %i- -er capacity plus The air capacity required by Section 1b.2.fi.$. 16.1.6.1 -2 The transition piece shall be protected against possible damage from corrosive agents, solvent annek, or mechanical damage. 15.1.6.2* Connection Passing Through or Under Foundation Walls. When system piping pierces a foundation wall below grade or is located under The foundation wall, clearance shall be provided to prevent breakage of the piping flue to building settlement. 15.1.7+ Metes. Where merers are required by other authorise., They shall be listed. 15.1.8* Connection from Waterworks System 15.1$.1 Where connections are made from public waterworks systems, it might be ncccssary ro guard against possibIc contamination of the public supply. 15.1.8.2 The requirements of the public health tnrthority having jurlsdicrion shnil be determined and follnwed. rtT I5.1.8.8 Where equipment is installed to guard against possible r ennramination of Elie public waver system, such equipment agd"",1 3!�I devices shall be listed for fire prnrc ,ion service. 15.2 Types. 15.2.1 * counectlons to Water Works Systcros*tia "` 15.2.1..1 A connection to a rellablc watEfftmks ays 1 l be A lt'l rf� acceptable water supply source. * F9 15.2.1.2 The volume and p nfblialllsvatcr avpp��It halls determined from warcri %sC F Art jiistr i 510;le rflow MR data to account. fn4 'tii and st ��nal alt btuatill interruption by flood or ice I�tld;ti6$1 largcl3�ttinulrs Industrial us <, future demand on the wA�t tt�fSlysystcm Py other condition that could affect the r supply ahsilf lit made as appropriat:<. ' I� 15.2.2* Pumps. A single automaticallyjcbntrollcd fire pump installed in accordance with NFPA 20, Scindar� for the installation of Centrifugal Fire Pumps, shall be in acceptable water supply source. 15.2.3 Prowtare Tanka. I5.2.3.I Acceptability. 15.2.8.1.1 A pressure tank installed in accordance wish NFPA 22, Standard for Water Tanks for Private Fire Protection, shall he an acceptable water supply source. 15.2.3.1.2 Pressure ranks shall be provided with an approved means for automatically maintaining the required air pr"sure. 15.2.3.1.3 Where a pressure tank is the sole water supply, there shall also be provided an approved trouble alarm to indicate low air pressure and low water level with the alarm supplicd from an electrical branch circuit Independent of tau air compressor. 15.2.3.1.4 Pressure ranks shall not be used to supply other rhnn sprinkler. and hand hose attached to aprinkler piping. 15.2.3.2 Capacity. �- 113 15.2.9.5" Witter Level And Air Prcosurc. 15.2.3.3.1 Pressure tanks shall be kept with a suffici cut supply of water to meet the demand of the fire protection syatcrm w calculated in Chapter I4 for the duration required by Chaptet 11 or Chapter 12. 15.2.8.5.2 The pressure shall he sufficient to push all of the water! otir of the tank while mainI i it the ncccssary residual pressure (required by Chapter" haprcr �I7 "tYte, top of the system. 15.2.4 Gravity Tan n atlank installed in nt corrdance with NFPA 22. Start d WPLO. inks for Private Fire Protection, th-Al be an acecpta6lc ;�htcr btippiy liorcc. j 16.2c6 �'f r ca, Riveraii'pr XgtkeA.. Watt r supply ch i ecrion�lN tst0�ks, flum m, lakes, o r reservoirs sh1[I lsC ?t aged t void 'A F d scdi cnt and .shall I. c provided with ayppr ?1 rlouhl #,;removab �`i�rccns or approver) it: •alners installed in alt appra9i ill ld man> ' m CK. peer ] 6 ���t`Eccptancc. ia'. f Sprinkler Systeme and Private Firt: ;9ervice Maitre. contractor shall do the follrnwing; Notify the authority having jurisdiction awl owner's representative of The rime and date testing will be p crrormed (2) PC-fDTM all rcgiilreo acceptance tests (sc - Section 113.2) i (3) C:omplctc and slgn the appropriate conrra. ;tor's material and test ccrtificarc(s) [see rigures 16.1(a)j Figure 161.1(a) Contractor's material and test c _itificate for aboveground piping. (NFPA 13 1999 - Figure 10 -1(a) ) 16.2 Acceptance Requirements. 16.2.1 iiYrlrosuttic Tests. 16.2.1.1* Unless permitted by Section 16...1.2 throuf;h IG.2.1.6, all piping and attached appurtenant" subjected to sys cm working pressure sYrall be hydrostatically rester) at 200 psi (1:.8 liar) and shall maintain that pressure without loss for 2 hours. 19.2.1.2 Portions of systems normally subjccrcd to :ystcm working pTrsstires ;n excess of IGD psi (1 OA bar) altall be iesiai ns described in Section 16.2.2.1 at a pressure of 50 psi (3 -5 bar) it excess of sysrcm working pressure. 16.2.1.3 Where cold weather will not permit mittinl: with water, an interim air test shall he permitted to be conducted as described in Sccrlon 16.2.3. 16.2.1.4 Modifications nrrecdng 20 or fewer sprinklc:-s shall nnr require tasting in excess of system working pressure. 19.2.1.5 Wbcrc addition or modification is made r( an existing system nfr'ecting more than 20 sprinklers, the new pc rtlon shall be isolarcd and tested at not less than 200 pil (13.8 bar) for 2 hours. Agenda Item No. 1601 I`ebruary 13.'2007 7y, 14 ORDINANCE NO. 97- '.�'� qr �r.F V AN ORDINANCE CREATING AND ESTABLISHING CROSS- CON14ECTION CONTROL PROGRAM; SETTING FORTH TIJE "rrc,7.c'�•' PURPOSE; PROVIDING DEFINITIONS; PROVIDING AN OPERATION POLICY; PROVIDING FOR INSTAI,i..ATION, MAINTENANCE AND TESTING REQUIREMENTS FOR COUNTY OWNED AND PRIVATELY OWNED BACXFLOW PREVENTION ASSEMBLIES; PROVIDWC RESPONSIBILITIES OF THE COLLIER COUNTY WA'RR DEPARTMENT; PROVIDING PROGRAM RESPONSIBILIT&; -n PROVIDING FOR BACKFLOW PREVENTION SYSTEMS; PROVTDrBC r.� F= FOR RAICKFLOW PREVENTION SYSTEM DESIGN; PROVIDIgG to m SERVICE AND REPORTING SCHEDULES AND REQUIREMENTS FVR BACKFLOW PREVENTION ASSEMBLIES: PROVIDINGR TECHNICAL IMPLEMENTATION; PROVIDINC FOR FUNDIA.: = `: PROVIDING FOR TERMINA'T'ION OF SERVICE; PROVIDING FOR PENALTIES; PROVIDING FOR THE COLLECTION OF FEES, CHARGES AND RATES; PROVIDING FOR CONFLICT AND SEVEkABILTTY; PROVIDING FOR INCLUSION IN THE CODF. OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DA'T'E. WJIEREAS, Florida Administrative Code Rule 62- 555.360 requires all cornmuniiy water systems to have a cross - connection control program: and WHEREAS, Florida Administrative Code Rule 62- 6tO.470 requires that all conurwnilics served by reclaimed water have a cross - connection control program to prevent contamination of the potable water system; and WHEREAS. establishment and maintenance of a crass- connection control program it a coruiition and requirement of operating permits issued by the Florida Department of Environmental Protection to the Collier County Water -Sewer District-and Goodland WaWr District; and WHEREAS, the Board of county Commissioners orcot6cr County, Florida, finds it to be in the best interest or the public to have a County operated and maintained cross - connection control program to monitor hazards to the County's Public Water Systi!m and to protect i t:e public health, safety and welfare by providing for. among other things, the installati it►, ownership, repair and testing of backnow prevention assemblies. NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIEP COUNTY. FLORIDA. that: SECTION ONE: TITLE AND CITATION. This Ordinance shall be known as and cited as 'The Collier County Cross- Connccti an Control I1Back( low Prevention Ordinance ". SECTION TWO: FINDINGS. is The Board of County Corrmrrussioncm hereby makes the following findings: A. That Florida Adtitinistr ova Code Role 62- 555.360 and 62610.470 requires a ?l community water systems to establish a eross,conncction control program to detect and prevent cross - connections that create or may create an irnmPnertt and substantial danger to public hca'th Agenda Item No. 16C1 � � ' • �c6tt�a�ta An approved t vekflow prevention assembly under'litis Qrt!'o+a " ►n l� Page 9 of 14 those at=dQ* sat forth by the American Water Works Association (AWWi ). the ,American Society or Sanitary Engineers (ASSE) and the FOUJiddtian far Crass- Connee"on Control grid Hydraulic Rts,,,ah (FCCC), and is published as approved in the FCCC3 t.ist of Approved Backflow Prevention Assemblies. For assambiies owned by the County. the County reserves the rij;Lt to li tut the nwnber of models) or approved assemblies for purposes of a taridardi7ation and conformity to system conditions. Approved nscmblics shall bavc the following features. 1. Shall be testable in line. 2. Shall be repairable in line. 3. Shall have approver] shut -off valves located at each end or the backflow pcavcntcr. • 4. Shall be supplied with ammonia r=istant silicone disea or other material having the ,same ammonia resistant properties and approved by the Depar-ment. S. Shall have: (a) Rasiliont seated (wedge), roll -lbw shut -off valves (tar resilient seated, wn.flow bail valves on sizes two (2) inches or smaller that shall be marked with; (1) The tnmuractuftes Hama or syrnbol; (2) Nominal size o(valve; (3) Model number; (4) Working pressure. (b) Resilient seated tasicocks with: (1) An operating stm which must in4icate if the testcock is open or closed; (2) The operating stem on a ball valve type or, trstcock must be blow-out proof, (3) The matcrials specified as bronze or approve -H equal. 6. The as=nbly (itself) shalt contain the following minimum ntrrkings: (a) The manuracturces name or symbol; (b) The type otassembly; (c) Assembly size; (d) Assembly model nurnbcr, (a) Asscrnblyserial number: (f) Rated working water pre=ure; (g) Direction orflow. ?. No backllow prevention assembly shall be installed under this Ordinance restless spare parts are represented by the manuratt=r to be available rar a minimum period of seven (7) yeats from date on iztatlatiom. Aaenda Item No. 1601 February 13, 2007 Page 10 of 14 ' Memorandum To: Claude Nesbitt — Project Manager From: Pamela Libby — Water Operations Manager Date: November 27, 2006 Subject: Pelican Bay Retrofit Project — Use of Febco Devices Per our discussion this morning this will serve to formalize the Water Department's approval of the use of the 880 Febco devices at five locations in the Pelican Bay subdivision. These devices were installed at locations where the 886 Febco devices had an unacceptable failure rate. The 880 Febco devices do not have a by -pass meter; which is required by the Utility Standards Manual — Section 1.4 Fire Service Systems. The devices are installed at the following locations: • Chateaumere 1 • Chateaumere 2 • Chateaumere 3 • St. Marisa • St. Kitts It has been determined these devices will remain in use at these locations, until such time as they need replacement. At that time N- Pattern devices with the by -pass detector meter will be installed. If you need any other information, please let me know. Cc: Bill Mullin — Principal Project Manager Office of the County Manager W EM WATER TECHNOLOGIES Claude H. Nesbitt Project Manager Collier County Public Utilities Engineering Department Dear Claude; Agenda item No. 16C1 February 13, 2007 Page 11 of 14 815 Cir)OSIOLn Street - North Andover, MA - 01845 -6098 - TeL (978) 688 -1811 January 22, 2007 Via Fax: 239 - 877 -8274 Enclosed please find the signed agreement. After Collier County signs I would like a copy returned for our records. Sincerely yours, '_'e— fze�— Ernie Elliott V.P. Marketing E E /ts Enclosure I0'd T Tb8i86a 8L6 S3I00-10NH03l 831dM S110M SS:bT LOOZ— ZZ —NCf Aaenda Item No. 16C1 F"ebruary 13, 2007 Page 12 of 14 Agreement 'PHIS AGREEMENT made and entered into on this Z9" day of Jpo 2007, by and between FEBCO, A Division of Watts Water Technologies, Inc., whose corporate headquarters business address is 815 Chestnut Street, North Andover, MA 01845 -6098, and The Board of County Commissioners, Collier County Florida, a political subdivision of the State of Florida, hereinafter called the "County": WITNESSETH: Fifty four (54) uncertified FEBCO 886V Reduced Pressure Detector Assemblies (RPDA) Backflow Prevention Devices are currently in service in the Pelican Bay Development as part of the Pelican Bay Fire Suppression and Irrigation Improvement Project (Project No. 74023). The device is a composite of the FEBCO 880 RPDA and the FEBCO 860 Bypass. Both are certified, though the composite is not. The bypass was required by Collier County Ordinance 97 -33. Seventy five (75) FEBCO 886V Reduced Pressure Detector Assemblies (RPDA) Back Flow Prevention Devices were installed between December 12, 2001 and November 30, 2002, with the understanding that certification by UL/USC was pending; However, as of this Agreement date certification has not been achieved. Collier County has replaced sixteen (16) of the 886V RPDA with another manufacturer's approved device due to chronic failure of the FEBCO 886V RPDA. Five (5) other FEBCO 886V RPDA were replaced with FEBCO 880 RPDA (without by -pass) when it was suspected that those five (5) assemblies were failing due to de- lamination of the internal epoxy coating. Forensic investigations by the County and by FEBCO/Watts verified that three of the five assemblies had delaminating epoxy coatings. In cooperation with the North Naples Fire Control District and the Collier County Public Utilities Water Department, those five (5) FEBCO 880 - RPDA's were allowed a variance to Ordinance No. 97 -33. To finally gain certification and restore the County's confidence in the FEBCO 886V RPDA, Collier County, The North Naples Fire Control District and FEBCO /Watts agree to the retrofit upgrade of fifty four (54) 886V RPDA, sizes 4 ", 6" and 8 ", after certification and approvals from 1) Underwriters Laboratories and 2) University of Southern California Foundation for Cross Connection Control and Hydraulic Research with the following understandings- FEBCO/Watts will a. Submit the 4" size to USC by January 11, 2007. The 6" and 8" sizes will be submitted in the first and second quarters of 2007. All submittals are expected to be made to USC by the third quarter of 2007. b. Schedule the total time per size to obtain the approvals listed below to be a maximum of three (3) years commencing from January 11, 2007, and expiring on September 30, 2010. Any modification of the timeline must be mutually agreeable. e. Submit to UL after the completion of the USC lab testing. Z0,d TV8S8898L6 S8I9010NH331 �,13IUM SlidM SS:VT 200Z- ZZ -NUf Agenda Item No. 16C1 February 13, 2007 Page 13 of 14 d. Notify Collier County at critical events and phases. e. Provide a schedule to Collier County with the dates and established lead times, including a copy of the Gantt chart with the USC/UL certification plan. Item f. below, will define the timelines. f. Starting immediately — provide replacements for any components or units that are found riot to comply with their current manufacturing specifications. FEBCO / Watts will continue this process until the completion of USC laboratory testing and UL approval for the particular size. g. Assume reasonable financial responsibility of agreed upon labor and replacement costs for a certified tester to repair any 886 device failures that are caused due to verifiable manufacturers defects. h. Upon completion of the USC laboratory testing, documentati on and UL approval (by size) FEBCO / Watts will retrofit (by size) the appropriate component of each unit of the total 54 units (48 each 8 inch, 3 each b inch and 1 each 4 inch) of the 886V units installed in Pelican Bay. i. Warranty the upgraded products with the standard FEBCO manufacture's warranty for a period of one (1) year from the unit's retrofit date. j. Have available, FEBCO / Watts's factory personnel to assist in the upgrade; however, a certified tester will be responsible for the final test of the product. k. If by the end of the three years, per size, the approvals have not been completed, replace — all units not upgraded or approved with approved units at FEBCO's expense. I. Reimburse Collier County for labor to replace the three (3) RPDA' verified to have factory lamination defects. A total of $24,900.00. The County will a. Provide the water department's temporary variance of Ordinance No. 97 -33 for the- duration of the three years of testing, per size. b. Secure the North Naples Fire Control District temporary variance of the applicable Fire Code requirements for the duration of the three years of testing, per size. c. Regard all information submitted to Collier County concerning the approval status of the 886 products, as strictly confidential to the extent, if any, authorized by specific exceptions to Florida's Public Records Law d. Treat all information as a "need to know'' basis to the extent, if any, authorized by specific exceptions to Florida's Public Records Law. e. Submit test results and parts that are suspected of being outside of FEDCO/Watts current manufacturing specifications to FEBCO/Watts for inspection f Accept reimbursement of the three (3) RPDA verified to have lamination defects SO'd TVBS9898LLG S3I0010NHD31 681dM SlldM 9S:bT LOOZ- ZZ -Ndf Agenda Item No. 1601 February 13, 2007 Page 14 of 14 IN WITNESS WHEREOF, the Parities hereto have executed this Agreement this 27r9 day of -Jv" .2007. ATTEST: Dwight E. Brock, Cleric By: Date: Approved as to form and legal sufficiency Assistant County Attorney NOWN Witness (Signature) Name: /it�..t r'2. Letvaq� (Print or Type) Witness (Signature) Name: -r P ' l_,4 z� (Print or Type) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNT'S', FLORIDA, By: Print: Title: Chainnan Watts Water Technolneies Inc. FEBC.Q By: Print: Ernest E. Elliott Title: Executive Vice President of Wholesale Marketing bO'd Tb8S8898L6 S3I007ONHD31 a3ldM SlidM 9S:bT LOOZ- EE-Ndf Agenda Item No. 1602 February 13, 2007 Page 1 of 15 --- EXECUTIVE SUMMARY Recommendation to award Contract #06 -4056 "Disaster Recovery Services" to James Lee Witt Associates, a part of Global Options Group, Inc., for consulting services required by the Collier County Board of County Commissioners as a result of a declared disaster in Collier County, and authorize the Chairman to execute the contract. OBJECTIVE: To receive Board approval for award of a consulting services agreement to James Lee Witt Associates in order to assist staff with recovery efforts resulting from a declared disaster in Collier County. CONSIDERATIONS: In the immediate wake of Hurricane Wilma's direct landfall in Collier County in late October 2005, the Board of County Commissioners approved an agreement with James Lee Witt Associates (JLWA) on November 29, 2005, agenda item l OJ. At that time, the Board approved waiving the competitive bidding process in accordance with Purchasing Policy V (A) 2 and 3 in order to immediately secure recovery oversight of the Federal Emergency Management Agency Public Assistance Program. That approval secured consulting services from James Lee Witt Associates for the specific Hurricane Wilma event. Since that time, the country has been severely impacted by significant disasters, most notably Hurricane Katrina along the Gulf Coast. The rules, regulations, and guidance from the Federal Emergency Management Agency (FEMA) are complex and require precise and extensive documentation. Collier County Staff does not have the requisite experience and extensive knowledge of disaster recovery policies and procedures and therefore existing County resources are inadequate to recover from the effects of devastating disasters without professional assistance from experts who regularly deal with such disaster recovery efforts. RFP# 06 -4056 was issued on September 18, 2006 seeking the services of a qualified firm capable of providing disaster recovery services, including: • Program Management • Project Management • Disaster Mitigation Services • Oversight and Management of the Handling and Disposal of Debris • Financial Analysis • Reporting and Closeout of Public Assistance Grants • Disaster Recovery Technical Program Management Assistance • Other services, as identified and requested by Collier County Four firms responded to the request for proposal. Their qualifications were reviewed by the approved selection committee members. James Lee Witt Associates was chosen by the selection committee based on the firm's qualifications and experience assisting communities recover from devastating disasters. Contract negotiations have been successfully completed by Purchasing Department staff. The agreement will be a one (1) year contract with three (3), one (1) year renewal options. Board approval of the Agreement will provide Collier County adequate resources to assist in the necessary recovery efforts. Agenda Item No. 1602 February 13, 2007 Page 2 of 15 FISCAL IMPACT: This contract will only be invoked in the event of a declared emergency and would require an allocation of General Fund reserves. The costs incurred for the contract are FEMA eligible. GROWTH MANAGEMENT IMPACT: There is no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award Contract #06 -4056 "Disaster Recovery Services" to James Lee Witt Associates, a part of Global Options Group, Inc., for consulting services required by the Collier County Board of County Commissioners as a result of a declared disaster in Collier County and authorize the Chairman to execute the contract. Prepared By: Joe Bellone, Manager Operations Support, Public Utilities Operations Agenda Item No. 16C2 February 13. 2007 page, 3 cf 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C2 ,...W -, Item Summary: Recommendation to award Contract #06 -4056 Disaster Recovery Services to James Lee It�rt Associates, a part of Global Options Croup. htc., for consulting services required by the CoNier County Board of County Commissioner's as a result of a declared disaster in Collier County and autnonze the Chairman to execute the contract. Meeting Date: 2!131200- 9.00 -.00 AM Prepared By Joseph 60one Operations Supervisor Date Public Utilities Public Utilities Operations 11812007 2:12:43 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services VB12007 4:11 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 1/10/2007 8:25 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 111012007 10:05 AM Approved By Daniel R. Rodriguez, M.B.A. Solid Waste Director Date Public Utilities Solid Waste 111012007 5:20 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 1119/2007 8:55 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 1122/2007 3:12 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 112412007 8:25 AM Approved By Randy Greenwald ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 1/24/2007 9:28 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1;3112007 4:41 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 113112007 6:28 PM Commissioners Agenda item No. 16C2 February 16, 2007 Page 4 of 16 AGREEMENT #06 -4056 fo r Disaster Recovery Assistance This Agreement ( "Agreement ") dated this day of 2007 is between Collier County, Florida ( "Client "), located at 3301 East Tamiami Trail, Building F, Naples, Florida 34112 and Tames Lee Witt Associates, a part of Global Options Group, Inc. ( "Consultant "), located at 1615 L Street, NW, Suite 300, Washington, DC 20036. Whereas, Consultant is in the business of providing certain consulting services and is willing to provide such services to Client; and Whereas, Client desires to utilize Consultant's services as provided for herein. Now, therefore, in consideration of the mutual covenants and promises contained herein, the parties hereto agree as follows: 1. General Terms and Conditions The general terms and conditions of this Agreement are set forth in Appendix A, attached hereto and incorporated herein by reference. 2. Scope of Work 2.1 Consultant shall provide the services set forth in Appendix B, attached hereto and incorporated herein by reference ( "Services "). Consultant shall furnish all reports and deliverables as set forth in Appendix B in accordance with the terms set forth therein (hereafter "Deliverables "). 2.2 As the need for services arises, the Client shall request that the Consultant provide a proposal to carry out specific activities /tasks. The cost proposal for each assignment shall be broken down by individual tasks, including allocation of personnel hours and a proposed schedule for completion of the task(s). Payment for tasks related to each assignment will be based on terms agreed to prior to the issuance of a purchase order, which may be lump sum, time and materials, or a combination of the two. 2.3 Pricing shall be inclusive of all costs. Payment shall be full compensation for all services, labor, tools, equipment, travel and any other items required for project completion and/or completion of services. Page 1 of 12 Agenda Item No. 16C2 February 13, 2007 Page 5 of 15 3. Period of Performance The period of this Agreement shall be one (1) year from the signing of this Agreement. The County, at its discretion, and with the consent of the contracted Consultant, shall have the option to renew this Agreement under the same terms and conditions for three (3) additional one (1) year periods. The prices quoted on Appendix C, attached hereto and made a part hereof, shall remain in effect for a period of one (1) year from the date of award by the Board of County Commissioners. Should the County choose to renew the Contract, all prices at the time of the renewal may be adjusted on the anniversary date of the Agreement, based on the Consumer Price Index - Southern States for the immediate twelve (12) month period preceding the renewal of the Contract upon request by the Consultant. If the County elects to renew the Contract, it shall provide the Contractor written notice of such renewal thirty (30) calendar days prior to the ending of the term then in effect. 4. Fees and Payment Payment terms for the Agreement shall be in accordance with paragraph 2 of this Agreement and paragraph 8 of Appendix A. 5. Notice Any notice given by either party shall be in writing and shall be given by fax or mail, postage prepaid, or Federal Express or DHL courier, shipped prepaid, addressed to the parties at the addresses herein designated for each party or at such other addresses as they may hereafter designate in writing. To: Stephen Y. Carrell Collier County Purchasing /GS Director To: Pate Felts, COO James Lee Witt Associates, LLC, a part of Global Options Group, Inc. 3301 East Tamiami Trail, Purchasing Building Address: 1615 L Street, NW, Suite 300 Naples, Florida 34112 City, state, zip: Washington, DC 20036 Phone: (239) 774 -8407 Phone: (202) 585 -0780 Fax: (239) -530 -6584 Fax: (202) 585 -0792 Email: stevecamell@colliergov.net Email: pfelts(r��wittassociates.com 6. Entire Agreement Both parties acknowledge that they have read this Agreement, understand it, and agree to be bound by its terms and further agree that it is the entire agreement between parties hereto which supersedes all prior agreements, written or oral, relating to the subject matter hereof. No modification or waiver of any provision shall be Page 2 of 12 Agenda item No. 1602 February 13, 2007 Page 6 of 15 binding unless in writing signed by the party against whom such modification or waiver is sought to be enforced. In Witness Whereof, Client and Consultant have caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CONSULTANT: TWO WITNESSES: JAMES LEE WITT ASSOCIATES, A part of Global Options, Inc. By: FIRST WITNESS Print Name Type /Print Name and Title SECOND WITNESS Print Name ATTEST: Dwight E. Brock, Clerk Approved as to Form and Legal Sufficiency: Assistant County Attorney Print Name CLIENT: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA IC Page 3of12 Chairman Agenda Item No. 1622 February 13; 20177 Page 7 of 15 - APPENDIX A GENERAL TERMS & CONDITIONS 1. CONSULTANT'S RESPONSIBILITIES. Consultant shall perform the Services utilizing the standard of care normally exercised by professional consulting firms in performing comparable services under similar conditions. CONSULTANT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT. 2. CLIENT'S RESPONSIBILITIES. Client shall provide site access to the site or facility at which the Services are to be performed at such times as may reasonably be required by Consultant, and shall make timely payments in accordance with the terms and conditions of this Agreement. Time is of the essence. To the extent Client has access to information relating to the Services to be performed, Client shall provide such information as is reasonably available and appropriate for the efficient performance of the Services ("Information"). ). Such Information includes, but is not limited to, available site history and the identification, location, quantity, concentration and character of known or suspected hazardous conditions, wastes, substances or materials that are likely to pose a significant risk to human life, health, safety or to the environment. Consultant shall be entitled to rely upon the Information provided by the Client or the Client's agents without independent verification except to the extent set forth herein and shall bear no liability arising from such reasonable reliance. 3. COMMENCEMENT AND COMPLETION OF THE SERVICES. The Services shall commence and shall be completed on the respective dates specified in Consultant's proposal or, in the absence of such specification, as soon as good practice and due diligence reasonably permit. Each party shall return all Proprietary Information relating to this Agreement to the disclosing party upon request of the disclosing party or upon termination of this Agreement, whichever occurs first. Each party shall have the right to retain a copy of the Proprietary Information for its internal records and subject to ongoing compliance with the restrictions set forth in this Section. This Section shall survive termination of this Agreement. 4. DELIVERABLES. Upon payment in full for the Services, and unless otherwise agreed, "Deliverables" shall be the property of the Client. The Consultant shall not disclose the Deliverables relating to the Services to a third party without the prior written authorization of the Client. Client shall be solely responsible for any disclosure of the Deliverables, which may be required by law. Where applicable law requires immediate disclosure by the Consultant, Consultant shall make its best efforts to give prior notice to Client. At Client's request and expense, Consultant will assist the Client in making such disclosures as may be required by law. Page 4 of 12 Agenda Item No. 1602 February 13. 2007 Page 8 of 15 5. INDEMNIFICATION. To the maximum extent permitted by Florida law, Consultant shall indemnify and hold harmless Client, 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 5. 6. ACCEPTANCE. Client shall have five (5) County working days from the date each deliverable is made to Client to reject all or part of each Deliverable. Each Deliverable, to the extent not rejected in writing by Client, shall be deemed accepted. 7. PAYMENT TERMS. Invoices will be submitted monthly and are due in accordance with Chapter 218.70, Florida Statutes, otherwise known as the Florida Prompt Payment Act. Back up documentation shall be provided with invoices for all time and out of pocket expenses. The purchase order number must be referenced on each invoice. If this number does not appear or is omitted, invoice will be returned to the vendor by the Finance Department, Contracts Division. Billing problems /concerns should be directed to the Finance Department, Contracts Division, 2671 Airport Road S, Suite 202 Naples, FL 34112. Invoices shall be submitted no more often than once per month. Timely payment is a material part of the consideration for the performance of the Services. Time is of the essence. 8. TASK CEILING PRICE. If at any time Consultant has reason to believe that an increase will be necessary to complete the required task(s), it will give prior notice to that effect providing a written estimate to complete the Services and proposing a new limitation figure and giving appropriate supporting data so that Client may, at its sole discretion, increase such limitation by written modification to the purchase order. 9. CURRENCY OF PAYMENT. Unless otherwise set forth in this Agreement, all payments shall be made in United States Dollars ($US). Where exchange rates are involved, the rate of exchange between SUS and the other currency involved in the transaction shall be the rate of exchange as of the date of invoice. The date of each invoice shall be clearly marked on each invoice. 10. HEALTH & SAFETY. Client shall notify Consultant of any known or suspected hazards existing at any site where the Services are to be provided, including but not limited to, hazardous waste, substances or materials and underground utilities. Page 5 of 12 Agenda Item No. 16C2 February 13, 2007 Paae 9 of 15 11. 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 12. FORCE MAJEURE. Neither party shall be responsible for any delay or failure in performance, to the extent that such delay or failure was caused by a force majeure event including Act of Nature, war, civil disturbance, governmental action, labor dispute unre- lated to and without fault or negligence of the party claiming the force majeure event, computer virus, or denial of access to the site or any other event beyond the reasonable control of the claiming party. For the duration of this Agreement, Consultant will keep a back -up copy of all important documents related to the Project. Performance under this Agreement shall resume promptly once the cause of delay or failure ceases and an equitable adjustment shall be made to the price and/or schedule of the Services including any mobilization or demobilization costs of Consultant. 13. CHANGED CONDITIONS. The discovery of any hazardous waste, substance or material; underground obstruction; underground utilities; or other latent obstruction to the performance of the Services to the extent that such conditions are not the subject of the Services, and to the extent that such conditions were not brought to the attention of the Consultant prior to execution of this Agreement, or any change in law that materially affects the obligations or rights of either party under this Agreement, shall constitute a materially different condition entitling the Consultant to an equitable adjustment in the contract price, time of performance, or both, as appropriate. If the change materially changes the nature of the Services, the Consultant may terminate the task as a result of such changed conditions. 14. DISPUTES. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Consultant with full decision - making authority and by Client's staff person who would make the presentation of any settlement reached during negotiations to Client for approval. Failing resolution, and prior to the commencement of any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Consultant with full decision - making authority and by Client's staff person who would make the presentation of any settlement reached at mediation to Client board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 15. THIRD PARTY LITIGATION. In the event that any litigation, proceeding, or claim (including any investigation which may be preliminary thereto) involving the Services performed by Consultant is commenced by a third party, Consultant shall Page 6 of 12 Agenda Item No. 16C2 February 16. 2007 image 10 of 15 furnish, if compelled by law or upon the reasonable request of Client, such person or persons from Consultant's organization as are familiar with the matters embraced within the knowledge of Consultant's personnel to testify as witnesses and to provide Consultant's records and such other information and assistance in connection with such litigation, proceeding or claim (or investigation preliminary thereto). To the extent Consultant may be required, either by law or at the request of Client, to provide such testimony, records, information, or assistance, Client shall reimburse Consultant for the reasonable value of its services at its then prevailing rate for comparable work, based on the time expended, and for Consultant's out -of- pocket expenses incurred in connection therewith in accordance with the provisions of this Agreement. 16. INDEPENDENT CONTRACTOR. The Consultant is an independent contractor and shall not be deemed to be an employee or agent of the Client. Consultant shall indemnify and hold Client harmless against all liability and loss resulting from Consultant's failure to pay all taxes and fees imposed by the government under employment insurance, social security and income tax laws with regard to Consultant's employees engaged in the performance of this Agreement or any task hereunder. 17. NON - SOLICITATION OF EMPLOYEES. Neither party shall solicit for employment or hire the employees of the other party involved in the management or performance of the Services during the term of this Agreement and for one (1) year thereafter. 18. NONWAIVER. No waiver of any breach of this Agreement shall operate as a waiver of any similar subsequent breach or any breach of any other provision of this Agreement. 19. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be severed from this Agreement and to the extent possible, this Agreement shall continue without affect to the remaining provisions. 20. ASSIGNMENT /SUBCONTRACTS. Neither party may assign this Agreement without the written consent of the other party, which shall not unreasonably be withheld. 21. DRAFTING PARTY. Each party has reviewed this Agreement and any question of interpretation shall not be resolved by any rule of Interpretation providing for interpretation against the drafting party. This Agreement shall be construed as though drafted by both parties. 22. GOVERNING LAW. The validity, enforceability and interpretation of this Agreement shall be determined and governed by the laws of State of Florida and, where applicable by virtue of preemption, under the laws of the United States of America. 23. CAPTIONS. The captions and headings of this agreement are intended for convenience and reference only, do not affect the construction or meaning of this agreement and further do not inform a party of the covenants, terms or conditions of this Agreement or give full notice thereof Page 7 of 12 Agenda Item No. 1602 February 13, 2007 Page 11 of 15 24. ADDITIONAL INSTRUMENTS. The parties agree to provide the other with any and all documents required to carry out any and all obligations in connection with the Agreement as set forth herein. 25. ORDER OF PRECEDENCE. In the event of a conflict in the terms and conditions of this Agreement, the following order of precedence shall apply: A. This Agreement B. The Rate Schedule (Appendix C) C. The Scope of Work (Appendix B) D. The General Terms and Conditions (Appendix A) E. Task Orders (if applicable) F. Other Contract Documents 26. TERMINATION. This agreement may be terminated for convenience at any time by either party provided the requesting party provides the other with seven (7) days written notice. Either party may also immediately terminate this Agreement for cause with seven (7) days written notice upon a material breach of this Agreement, with no further payment or service obligation. In the event that the County terminates this Agreement, Consultant's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld. The Consultant shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 27. INSURANCE REQUIREMENTS: The Consultant, at its own expense, shall keep in force and at all times maintain during the term of this Agreement: a. Professional Liability Insurance: Professional Liability Insurance, issued by a responsible insurance company and in a form acceptable to Client, with coverage limits of not less than One Million Dollars ($1,000,000) for errors and omissions. b. Automobile Liability Insurance: Automobile Liability coverage shall be in the minimum amount of Five Hundred Thousand Dollars ($500,000) per occurrence combined single limits for Bodily Injury and Property Damage. c. Workers' Compensation Coverage: Full and complete Workers' Compensation Coverage, as required by law, shall be provided. Page 8 of 12 Agenda item No. 16G2 February 13, 2067 Page 12 of 17 d. Commercial General Liabilitv Insurance: Commercial General Liability Insurance for bodily injury and property damage in the amount of Five Hundred Thousand Dollars (5500,000) per occurrence. e. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. £ Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The "Certificate Holder" should read as follows: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 g. The Consultant shall provide Client with Certificate(s) of Insurance on all the policies of insurance and renewals thereof in a form (s) acceptable to Client. Said Professional Liability policy shall provide that Client be an additional named insured. The Client shall be notified in writing of any reduction, cancellation or substantial change of policy or policies at least thirty (30) days prior to the effective date of said action. All insurance policies shall be issued by responsible companies who are acceptable to Client and licensed and authorized to do business under the laws of the State of Florida. 28. CHANGES TO SERVICES: Client, without invalidating this Agreement or task assignment, may call for changes in the Scope of Services within the general scope of any task, the task price and time being adjusted accordingly. A request by Client for changes in the Services shall be authorized only in accordance with the Collier County Procurement Administration Procedures. Upon notification by Client to Consultant of a change in the Services, Consultant shall prepare an estimate of the additional costs and time required, if any, to perform the change. Upon mutual written agreement, Consultant shall perform the change and an equitable adjustment shall be made to the price and /or time schedule as appropriate. 29. "MOST FAVORED" CLIENT: Consultant agrees to treat Client as a most - favored client and specifically agrees that all prices, terms, warranties and benefits granted to Client are, and will remain, comparable to or better than equivalent terms having been offered, or to be offered to any other prospective client during the term of this Agreement. 30. SECURITY: If required, Consultant shall be responsible for the costs of providing background checks and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Consultant shall be required to maintain records on each employee and make them available to the County for at least four (4) years. Page 9 of 12 Agenda Item No. 1602 F=ebruary 13, 2007 Page 13 of 15 APPENDIX B Scope of Work The Consultant will work directly with the Client to determine the specific tasks and scope which may include one or more of the following services: a) Program Mann e� ment -- Assistance with the preparation of Damage Survey Reports /Project Worksheets, assistance with documentation support, consultation and negotiation services, staff augmentation, program implementation, and other representations as may be requested by the Client. b) Project Management -- Project oversight over complex recovery projects including: expert advice throughout the entire contracting and construction phases, insure all documentation is submitted from the subcontractor to the Client, monitor for any change in the scope of work and pricing so that proper authorization can be obtained at the earliest moment, monitor cost incurred by the Client to prevent the inclusion of non - reimbursable cost and assistance with preparation for and response to outside audits. c) Disaster Mitigation Services -- Consultant will provide program management and project management of all disaster mitigation activities. Advise client of hazard mitigation opportunities. d) Oversight and Management of the Handling and Disposal of Debris -- Consultant will provide oversight and management of all aspects of the handling and disposal of debris. This may include expert advice throughout the entire contracting and removal phases, ensure all documentation is submitted from the subcontractor to the Client, monitor for any change in the scope of work and pricing so that proper authorization can be obtained at the earliest moment, monitor cost incurred by the Client to prevent the inclusion of non - reimbursable cost and assistance with preparation for and response to outside audits. e) Financial Analyses -- The consultant will be expected to advise the client in all matters of the event's impact on all related fiscal matters. This will involve working closely with the State Office of Emergency Preparedness, Federal Emergency Management Agency, and other State and Federal agencies to insure that record preparation, data collection and potential funding assessments and verifications meet each agency's requirements for funding eligibility. Provide specialist under the Public Assistance Program as needed. Validate client's small projects. Prepare with the State, FEMA and client, scope of work and cost estimates for small projects Work as an advocate of the client and bring to the attention of FEMA any misunderstandings or problems the client my have involving any aspect of eligibility, funding for the programs in general. Submit to the State /FEMA applicant's requested time extensions. Review and make Page 10 of 12 Agenda Item No. 1602 February 13, 2007 Page 14 of 15 recommendation to FEMA/State on client's appeal. Review and make recommendation to FEMA/State on client's request for cost over -run. fl Reporting and Closeout - Validate and document completion of all small projects. Perform routine and final inspections of all large projects, certifying completion, and submitting final cost accounting to State. Make recommendations for interim disbursements and final reconciliations. Assist the State and the client in formulating appeals to FEMA. Provide technical assistance for database administration that facilitates projects tracking and quarterly reporting to FEMA for the State. Work with the State and FEMA to close out the Public Assistance Grant after all of the client's projects have been closed. g) Provide disaster recovery technical program management assistance to County officials — Provide overall support to Collier County officials and local leadership to assist all aspects and phases of the recovery process. This support shall include, but not be limited to crisis communications, organizational assistance and policy guidance. h) Additional Services - As requested by Client in writing, Consultant will provide other services on an as needed basis; including, but not limited to, conducting an After Action Report, assisting with the FEMA appeal process, to provide emergency management services related to any disaster occurring during the term of this Agreement, or other emergency management related tasks. Page 11 of 12 Agenda Item No. 1602 February 13, 2007 Page 15 of 15 APPENDIX C Rate Schedule For services performed under Appendix B, Consultant shall be compensated based on the following hourly billing rates: Senior Principal $380 Project Manager $275 Program Manager $175 Senior Mitigation Specialist $175 Public Assistance Field Staff/ Engineering $175 Senior Debris Specialist $150 Technical Recovery Assistance Lead $175 Appeals Lead $175 In addition, Consultant shall be reimbursed for all out -of- pocket expenses reasonably associated with services performed and in accordance with GSA expense reimbursement policy. Page 12 of 12 Agenda Item Flo. 1603 February 13, 2007 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to execute an agreement between the Collier County Water -Sewer District, the Florida Governmental Utility Authority, and the Sembler Family Partnership Ltd., allowing the Florida Governmental Utility Authority to provide temporary wastewater service to the proposed Brooks Village commercial development. OBJECTIVE: To execute an agreement between the Collier County Water -Sewer District (CCWSD), the Florida Governmental Utility Authority (FGUA) and the Sembler Family Partnership Ltd (Developer), allowing FGUA to provide temporary wastewater service to the proposed Brooks Village commercial development. CONSIDERATIONS: Sembler, the developer of the proposed Brooks Village project, located on the southwest corner of Pine Ridge Road and County Road 951, desires to connect their proposed commercial project to a regional wastewater system. The proposed project is within the certificated boundaries of the CCWSD, however, the nearest connection point to the CCWSD wastewater force main is approximately three (3) miles away. The current wastewater master plan anticipates constructing a sixteen (16) inch force main adjacent to the proposed project in 2012. FGUA has wastewater service available within approximately five thousand (5,000) feet ,... of the proposed project; however, it is outside of FGUA's certificated boundaries. This three party agreement allows FGUA to provide interim wastewater services to the proposed project, until such time as the CCWSD has wastewater services available. The Developer also agrees to immediately connect to the CCWSD wastewater system as soon as those services become available. In addition, the Developer will construct a six (6) inch force main and lift station, at its own expense, to connect the proposed project to FGUA's wastewater system and agrees to pay wastewater impact fees to both FGUA and to the CCWSD at the permit application date, in accordance with the Consolidated Impact Fee Ordinance 2001 -13, as amended. FISCAL IMPACT: Fund 413 (Wastewater Impact Fees) will earn revenues based on flows estimated by a certified Florida engineer for the proposed project. _GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners, as Ex- officio the Governing Board of the Collier County Water -Sewer District, approve the execution of an agreement between the Collier County Water -Sewer District (CCWSD), the Florida Governmental Utility Authority (FGUA) and the Sembler Family Partnership Ltd. (Developer), allowing FGUA to provide temporary wastewater service to the proposed Brooks Village commercial development. Prepared bv• Joe Bellone Operations Supervisor Public Utilities Operations. Agenda Item No. 16C3 February 13. 2007 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 6C= -- Item Summary: R ccommendatior. to execute an agreement. Between the Collier County Water Sewer District the Florida Governmerltdl Utility Authority . and the Semblei Family PartnershipLtd . alior:iit> me Florida Governmenial Uulny A.uihority to provide temporary wastewa!er service tc the proposed Brooks Village commeicia',, development. Meeting Date: 21131200; 9 00 00 AM Prepared By Joseph Beilone Operations Supervisor Date Public Utilities Public Utilities Operations 11241200710:17:42 AM Approved By G. George Yilmaz WasteWater Director Date Public Utilities WasteWater 11241200710:52 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 1/24/2007 11:20 AM Approved By James W. Del-ony Public Utilities Administrator Date Public Utilities Public Utilities Administration 112512007 11 :08 AM Approved By OMB Coordinator Administrative Asssstant Date County Manager's Office Office of Management & Budget 172612007 7:50 AM _ Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 21112007 10:58 AM Approved By Michael Smykowski Management & Budget Director Date County Manager s Office Office of Management & Budget 2/1/2007 12:42 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 2/112007 9:54 PM Commissioners Agenda Item No. 16C3 February 13; 2007 Page 3 of ,1 AGREEMENT FOR WASTEWATER SERVICE FOR BROOKS VILLAGE COMMERCIAL DEVELOPMENT ON THE SOUTHWEST CORNER OF COUNTY ROAD 951 & PINE RIDGE ROAD COLLIER COUNTY, FLORIDA This Agreement eremafter referred to as the "Agreement ") is made and entered into this day of*�, 200$, by the BOARD OF COUNTY COMMISSIONERS OF COLLMR COUNTY, Florida, as the Governing Body of Collier Coun ty and Ex- Officio of the Governing Board of the Collier County Water -Sewer District, a political subdivision of the State of Florida (hereinafter referred to as the "CCWSD "); FLORIDA GOVERNMENTAL UTILITY AUTHORITY, a legal entity and public body created by interlocal agreement pursuant to section 163.01(7)(g), Florida Statutes, with its principal place of business at 1500 Mahan Drive, Suite 203, Tallahassee, FL 32308 (hereinafter referred to as "FGUA" ); and SEMBLER FAMILY PARTNERSHIP #41, LTD., a Florida Limited Partnership, with its principal office at 5858 Central Avenue, St. Petersburg, Florida 33707 (hereinafter referred to as the "Developer "). WITNESSETH WHEREAS, the CCWSD has jurisdiction pursuant to Chapter 2003 -353, Laws of Florida, as well as Chapter 153, Part 11, Florida Statute, and Section 125.01 (k), Florida Statute, to provide water and wastewater /sewer service within the geographic area of the Proposed Project (hereinafter defined) regarding this Agreement, in Collier County, Florida; and, WHEREAS, the proposed project, known as Brooks Village, is located on the southwest comer of County Road 951 and Pine Ridge Road, and is a Planned Unit Development (hereinafter referred to as the "Proposed Project "). The Proposed Project is a 22.7± acre tract located within Collier County and described more particularly in Exhibit "A" attached hereto; and WHEREAS, at the present time, the CCWSD has water facilities located within the vicinity of the Proposed Project and has wastewater /sewer facilities that are approximately three miles from the Proposed Project; but the CCWSD does not plan to extend its wastewater /sewer facilities to provide wastewater /sewer service to the area in which the Proposed Project is located before 20�2�d WHEREAS, Developer desires to connect the Proposed Project (which is presently located within the CCWSD Water /Sewer District), to a regional sewage system, however, no CCWSD wastewater /sewer facilities are available within this area; and WHEREAS, FGUA has wastewater /sewer service available within approximately 5,000 feet of the Proposed Project, however, the Proposed Project is outside of FGUA's certificated service area (as the Proposed Project is within the CCWSD's district as set Agenda Item No. 16C3 4 February 13, 2007 Page 4 of 11 forth above, and the CCWSD plans on serving this geographical area within the foreseeable future); and WHEREAS, FGUA has, or when the subject capacity is needed, will have wastewater /sewer capacity adequate and available to serve the Proposed Project (including after same is developed in the manner intended by Developer); and WHEREAS, Until such time as the CCWSD provides wastewater /sewer service to the area in which the Proposed Project is located, Developer desires to receive such wastewater /sewer service to the Proposed Project, on a temporary basis, from FGUA. In connection therewith Developer intends to extend a six (6) inch force main the required distance from the Proposed Project to an existing manhole located on 18'' Avenue SW (the portion of same to be located within the right of way of County Road 951 and/or 18th Avenue SW is hereinafter referred to as the "Wastewater /Sewer Extension "), and to install force main and a lift station (the "Lift Station ") on the Proposed Project in order to connect to and use the existing FGUA wastewater /sewer system, at Developer's expense; and WHEREAS, the CCWSD and FGUA agree that FGUA will provide interim wastewater /sewer service to Developer, and the CCWSD and FGUA hereby agree that the Proposed Project shall be an interim retail wastewater /sewer customer of FGUA until such time that the CCWSD has its wastewater /sewer facilities "available" to provide permanent sewer service to Developer at the Proposed Project. NOW THEREFORE, in consideration of the promises contained herein FGUA agrees to provide interim wastewater /sewer treatment and disposal services to Developer for the Proposed Project and the parties agree as follows: FGUA and Developer shall enter into and comply with an agreement whereby FGUA shall agree to provide wastewater /sewer treatment and disposal services to the Proposed Project (including after same is developed in the manner intended by Developer), and Developer shall agree to pay FGUA's standard charges and fees for such services, including impact fees, as set by the FGUA Board of Directors, the governing board of FGUA. 2. Once constructed, the Wastewater /Sewer Extension constructed by Developer as aforesaid shall be conveyed by Developer to FGUA by Bill of Sale and Utility Facilities Warranty Deed, and shall be the property of FGUA. The Lift Station and any force main constructed by Developer within the Proposed Project parcel boundaries shall remain the property of Developer. FGUA, the CCWSD and Developer acknowledge that connection of the Proposed Project to FGUA's wastewater /sewer system is for interim wastewater /sewer service, and when such wastewater /sewer service becomes "available" to the Proposed Project (within the right of way adjacent to the Proposed Project) from the CCWSD by means of an interconnection with the CCWSD's wastewater /sewer system, the Proposed Project shall then be connected to the CCWSD's wastewater /sewer system and CCWSD shall promptly begin providing such wastewater /sewer services to the Proposed 2 Agenda Item No. 1603 February, 13, 2007 Page 5 of 11 Project, with only temporary interruption to the wastewater /sewer service for the Proposed Project. When wastewater /sewer service from the CCWSD becomes available to the Proposed Project as aforesaid, at no cost to the CCWSD, FGUA shall convey to the CCWSD marketable title to that portion of the Wastewater /Sewer Extension and related utility easements; if any, that are within the CCWSD service area, and FGUA shall retain ownership of any portion thereof that is located within the FGUA service area_ A shut off valve shall be installed at the point in the Wastewater /Sewer Extension where the CCWSD service area and the FGUA service area meet, such that the portion of the Wastewater /Sewer Extension to be retained by FGUA and the portion of the Wastewater /Sewer Extension to be conveyed to CCWSD are clearly identified. 3. Upon completion of the Wastewater /Sewer Extension by Developer, and until such time as the Wastewater /Sewer Extension is conveyed to the CCWSD as set forth in Section 2 above, same shall be maintained by FGUA. Upon conveyance of the Wastewater /Sewer Extension to the CCWSD as set forth above, same shall be maintained by the CCWSD. Developer shall maintain the Lift Station and any force main constructed within the Proposed Project parcel boundaries. 4 Developer shall pay to the CCWSD the sewer impact fees (sometimes called "system development charges ") at the time of issuance of building permits as then required by the County's impact Fee Ordinance (and/or other applicable Collier County ordinances). At the time of connection to the CCWSD sewer system, no additional or increased sewer impact fees shall be due from Developer for the improvements for which these sewer impact fees are paid. The CCWSD agrees to permit FGUA to provide the subject interim wastewater /sewer service to the Proposed Project in accordance with this Agreement, and all parties acknowledge that this service is on a temporary (interim) basis until such time as the required (adequate) wastewater /sewer service becomes "available" to the Proposed Project (within the right of way adjacent to the Proposed Project) by the CCWSD through future geographic extension of wastewater /sewer facilities from the CCWSD wastewater /sewer system. At .such time, Developer will connect to the CCWSD's wastewater /sewer service facilities and Developer shall bear all expenses related to such connection at such time as the facilities become available. Upon connection of the Proposed Project to the CCWSD's wastewater /sewer service facilities as aforesaid, and the provision of such required (adequate) wastewater /sewer service to the Proposed Project by CCWSD, FGUA shall no longer provide such service to the Proposed Project and Developer shall no longer be required to pay any fees or other amounts to FGUA with respect to wastewater /sewer service. In the event that the Wastewater /Sewer Extension is relocated, modified, repaired or replaced as a result of road work, expansion or other modification, repair or replacement of County Road 951 or any other directly relevant public right of way by CCWSD or by Collier County, Developer shall be responsible for all such Extension work and all costs and expenses of same. In connection with any Agenda Item No. 16C3 February 13, 2007 Page 6 of 11 expansion or other modification, repair or replacement of County Road 951 or any other directly relevant public right I any ri ht Of way by CC or Collier County (or b,, Other party, permitted by MA"SD or by Collier County), CCWSD/Coilier County (or such CCNVSD or County authorized other -party) shall not: unreasonably disrupt or othenvise unrcasonablv interfere ,vith the supply of wastewaterisewer service to the Proposed Project, and if possible shall DOI require relocation of' the point of connection of the Waste,,vater,'SeNver Extension To the Proposed Project. Notwithstanding the above. Developer shall not be responsible for damages that are caused by physical act(s) at the Wastewater/Sewer Extension and Lift Station ("�jtlhtics Facilities") sites by County's employee(s). or by physical act(s) by th County's contractor(s) at the Utilities Facilities site. Developer shall not be responsible for repairs that would not be necessary but for physical act(s) at the L'Itilittes Facilities site by County's emplovee(s), or for physical act(s) by the County's contractors) at the Utilities Facilities site. Repairs required so that the Utilities Facilities thereby come into compliance with applicable la-,vs, codes, rules and/or regulations are rcuulatory decisions. and not a "physical act." 6, This agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the parties. 7 A detailed graphic representation of the Wastewater /Sevier Extension and Lift Station that is to be installed by Developer is attached heretol as Exhibit "B". IN WITNESS WHEREOF, the CCWSD, FGUA, and Developer have caused this Agreement to be executed by their duly authorized representatives as of the date first above written. DATED: ATTEST: DWIGHT E. BROCK, Clerk BY:—,---- Deputy Clerk Approved as to form and legal sufficiency- 9MEMN MW BOARD OF COUNTCONMSSIONERS COLLIER COUNTY, AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT M BCC ChairmarL (dr,", [Signatures continued on Following Pa Ze 4 Agenda Item No. 1603 February 13, 2007 Page 7 of 11 ,.r s i FLORIDA GOVERNMENTAL UTILITY AUTHORITY Lea Ann Thomas, Chairman, Board of Directors ATTEST: _ll�Icl III)c L Far lard Clerk Judi ' lbert Approved as to form and legal sufficiency: BY 6 4"C' 4-4 a, John .. M'hacll. GCTICTa3 C.oiln. ei DATED; lb SID 7 [Sieiratures continued on Following Paee1 Agenda Item No. 16C3 February 13, 2007 Page 8 of 11 DATED: SEMBLER FAMILY PARTNERSHIP #41, LTD., a Florida Limited Partnership By Sembler etail I;, Inc., a Florida CiL-Atral Partner WITNESSES: Name Carolyn leas (Print Name) (Sign N e) _ (Print Name) 510614 v_04 \ 111323.0002 6 �. Agenda Item No. 16C3 February 13, 2007 Page 9of11 LEGAL DESCRIPTION PARCEL 1 THE EAST 180 FEET OF TRACT 107 OF GOLDEN GATE ESTATES UNIT NO. 26. ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2 THE NORTH 180 FEET OF TRACT 111 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 3 THE SOUTH 150 FEET OF TRACT 111 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 4 THE NORTH 150 FEET OF TRACT 112 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 5 THE SOUTH 180 FEET OF TRACT 112 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 6 THE NORTH 180 FEET OF TRACT 113 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 7 THE SOUTH 150 FEET OF TRACT 113 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Exhibit "A" Page 1 of 2 Agenda Item No. 16C3 February 13, 2007 Page 10 of 11 PARCEL 8 THE NORTH 150 FEET OF TRACT 114 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 9 THE SOUTH 180 FEET OF TRACT 114 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COMBINED PARCELS = 990,297.7 SQUARE FEET OR 22.7 ACRES MORE OR LESS. Exhibit "A" Page 2 of 2 Agenda Item No. 16C3 February 13, 2007 Page 11 of 11 .1 5t or, Agenda Item No. 16C4 February 13, 2007 Page 1 of 76 Executive Summary Recommendation to accept four South Florida Water Management District Alternative Water Supply Grants in the total amount of $3,009,200 for the partial funding for the construction of improvements to the County's public water supply system and approve the necessary budget amendments, Projects 70899, 70097, 70892, 71051, 72501, and 74076. OBJECTIVE: To receive Board approval to accept four (4) grant agreements from the South Florida Water Management District (SFWMD) to assist in the funding of six alternative water supply projects to be performed by the Public Utilities Division. CONSIDERATIONS: On May 30, 2006, the Collier County Public Utilities Division submitted grant applications to the South Florida Water Management District (SFWMD) under the Senate Bill 444 Alternative Water Supply Grant Program. Funds in the amount of $3,009,200 were allocated to Collier County by SFWMD to aid in the construction of six alternative water supply projects including: 1. Title: North East Regional Water Treatment Plant (NERWTP) Phase 1B Wellfield Project — Project Number 70899 Description: Construct two Hawthorn Zone I test /production wells, two Hawthorn Zone I monitoring wells, two Lower Hawthorn test/production wells, two Lower Hawthorn monitoring wells, and one deep test well to further evaluate the potential of the aquifers to support a 10 -MGD upgrade to the proposed North East Regional Water Treatment Plant (NERWTP). The public purpose of these test wells is to provide data for future wells that will provide a water supply for the NERWTP necessary to meet the demand in the Northeast area of the County. 2. Title: South County Regional Water Treatment Plant (SCRWTP) 12 -MGD Reverse Osmosis (RO) Expansion Project — Project Number 70097 Description: Install six 2 -MGD RO skids, four cartridge filters, two degasifier systems, one transfer pump, and one high service pump at the South County Regional Water Treatment Plant (SCRWTP) to increase the RO treatment capacity from 8 -MGD to 20 -MGD. Additionally, complete expansion of the facility electrical power system to support the upgraded treatment capacity. The public purpose of this project is to meet the projected increase in potable water demand in this service Area. 3. Title: South County Regional Water Treatment Plant (SCRWTP) Reverse Osmosis (RO) Wellfield Expansion Project — Project Number 70892 Description: Construct nine Hawthorn Zone I Well wellheads and associated transmission mains to provide additional raw water supply for the 12- MGD RO expansion to the SCRWTP. The public purpose of this project is 1 Agenda Item No. 16C4 February 13, 2007 Page 2 of 76 to provide a reliable raw water supply for the reverse osmosis expansion of the SCRWTP. 4. Title: South Hawthorn Reliability Wells No. 39S -42S Project — Project Number 71051 Description: Drill two Hawthorn Zone I and two Lower Hawthorn Wells, construct four well wellheads, and construct associated pipeline to connect the wells to the existing raw water transmission system. These wells will function as reliability wells to support the 15 existing and 23 proposed production wells that supply the SCRWTP. The public purpose of this project is to provide a reliable and sustainable raw water supply to serve Collier County's water customers. 5. Title: Pelican Bay Reclaimed Water Storage and Re -Pump Facility — Phase II — Project Number 72501 Description: This project will complete the conversion of the Pelican Bay WWTP to a reuse storage and pumping facility. Tasks include the conversion of the existing oxidation ditch to a reclaimed water ground storage tank and the installation of the necessary piping and valves to connect the tank to the existing reclaimed water system, the demolition of the filters, chlorine contact basin, and digester tanks, and site restoration. The public purpose of this project is to increase the capacity of irrigation quality water to meet the service needs and to keep pace with growth. 6. Title: Reclaimed Water Booster Pump Station Project — Project Number 74076 Description: Complete the installation of two 16 -inch reclaimed water mains across Livingston Road as part of a plan to add increased flexibility and efficiency to the County's reclaimed water system. The public purpose of this project is to protect the public potable water supply by improving the reliability of the irrigation quality water system. The South Florida Water Management District ( SFWMD) recommended funding in the amount of $326,000 for the NERWTP Phase 113 Wellfield, $2,200,000 total for the three SCRWTP Expansion Projects (combined into one grant), $224,000 for the Pelican Bay Facility Phase II, and $259,200 for the Reclaimed Water Booster Pump Station. Staff is now in receipt of the contract agreements for each of these projects. The contracts are to be executed and returned to SFWMD for final processing. These projects are consistent with the 2005 Water and Wastewater Master Plan Updates adopted by the Board of Collier County Commissioners on June 6, 2006, under Item 10(B). FISCAL IMPACT: Revenue in the amount of $3,009,200 will be realized upon completion of the work associated with these agreements. It is anticipated that this will occur during FY 07. The source of funds are water and sewer user and impact fees. Agenda Item No. 16C4 February 13, 2007 Page 3 of 76 These Projects are consistent with the FY07 Capital Budget approved by the Board on September 21, 2006 10(A). GROWTH MANAGEMENT IMPACT: These grants will support both impact and user fee projects. The impact fee projects are consistent with and further the Goals, Objectives, and Policies of the Collier County Growth Management Plan. The user fee projects meet current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, Ex- officio the Governing Board of the Collier County Water -Sewer District: 1. Accept the following grant agreements from the South Florida Water Management District a) Agreement No. 4600000596 - Northeast Water Treatment Plant — Phase 1B in the amount of $326,000. b) Agreement No. 4600000589 — South County Reverse Osmosis (RO) Expansion, South County Reverse Osmosis Wellfield Expansion, and South Hawthorn Reliability Wells, in the amount of $2,200,000. c) Agreement No. 4600000610 — Pelican Bay Reclaimed Water Storage and Re- Pump Facility — Phase II in the amount of $224,000. d) Agreement No. 4600000582 — Reclaimed Water Booster Pump Station in the amount of $259,200. 2. Authorize the chairman to execute the agreements. 3. Approve the necessary budget amendments. PREPARED BY: Alicia Abbott, Project Manager, Public Utilities Engineering Department 3 Agenda Item No. 16C4 February 13, 2007 Page 4 of 76 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C4 Item Summary: Recommendation to accept four South Florida Water Management District Alternative Water Supply Grants in the total amount of $3,009,200 for the partial funding for the construction of improvements to the Countys public water supply system. Meeting Date: 2/1312007 9.00.00 AM Prepared By Paulo Martins Fiscal Technician Date Public Utilities Utilities Finance Operations 111812007 3:41:31 PM Approved By Roy B. Anderson; P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 1!1912007 9:54 AM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 1/2212007 9:16 PM Approved By William D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 112512007 8:46 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 1!2912007 12:30 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 1131/2007 8:08 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget V3112007 1:22 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 2/5/2007 3:26 PM Approved By Michael Smykowski Management & Budget Director Date County Managers Office Office of Management & Budget 2f6f2007 4:30 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/612007 7:30 PM OOP�ar? Agenda Item No. 16C4 February 13, 2007 Page 5 of 76 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • FL WATS 1 -800- 432 -2045 • TDD (561) 697 -2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 • wwti�sfwmd.gov December 4, 2006 Ronald Dillard o Collier Country Public Utilities 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 C E rn Dear Mr. Dillard: Subject: Contract # 4600000582 'v . FY2007 AWS - Project # LWC -8 Please find enclosed two (2) copies of the subject document. Please have them signed by an individual with signature authority on behalf of your organization. Please include documentation to demonstrate official delegation of signature authority up to the contract monetary limits. Please return both copies to my attention, along with, if applicable and not previously submitted, a Certificate of Insurance reflecting the required coverage(s). Do not date the documents, a fully signed document will be returned to you upon execution by the South Florida Water Management District (District). Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, or if you require any additional information, please contact me. Sincerely, Bernadette Harrison Contract Specialist Procurement Department bharriso@sfwmd.gov (561) 682 -6378 FAX: (561) 681 -6275 M. Enclosure c: Moysey Ostrovsky- MSC4360 GOVERNING BOARD EXECUTIVE OFFICE Kevin McCarty, Chair Alice J. Carlson Lennart E. Lindahl, P.E. Carol Ann Wehle, Executive Director Irela M. Bague, Vice -Chair Michael Collins Harkley R. Thornton Miya Burt - Stewart Nicotas J. Gutierrez, Jr., Esq. Malcolm S. Wade, Jr. Agenda Item No. 16C4 F al wAt SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2006 - 2007 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM Recipient: Collier County Public Utilities Recipient's Project Manager: Ronald Dillard Address: 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Telephone No: (239) 530 -5338 Fax No: (239) 530 -5378 SFWMD Project Manager: Moysey Ostrovsky Telephone No.: (561) 682 -6525 Contract Specialist: Bernadette Harrison Telephone No.: (561) 682 -6378 Fax No.: (561) 682 -5587 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416 -4680 Insurance: Not Applicable Federal Employer Identification Number: 59- 6000558 Project Title: FY2007 AWS — Project # LWC -8 Description: Reclaimed Water Booster Pump Station (North -South Interconnect Pipes under Livingston Road Agreement No.4600000582, Page 1 of 11 Agenda Item No. 16C4 February 13, 2007 Page 7 of 76 This Agreement is entered into between "the Parties," the South Florida Water Management District, the "District ", and the undersigned party, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1— PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A ", hereinafter referred to as the "Project ", and made a part of this Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work Exhibit B Payment and Deliverable Schedule Exhibit C Reporting Form Exhibit D Federal /State Funding Resources ARTICLE 2 — TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall be the dates noted on the first page of this Agreement. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 — COMPENSATION / CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60 %) of the Project's construction cost, unless a different amount is authorized pursuant to s. 373.1961(3)(e), Florida Statutes. Agreement No.4600000582, Page 2 of 11 Agenda Item No. 16C4 February 13, 2007 Page 8 of 76 3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A ". By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder, including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "A ". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the Project. District funds shall only be used for the construction activities described in Exhibit "A ". 3.4 The Recipient agrees to reimburse the District funds provided through this Agreement for facilities (i.e. test /production wells, etc.) that do not become an operational component of the overall alternative water supply facility within the timeframe established in the proposal. Notwithstanding anything in this Agreement to the contrary, this paragraph shall remain in full force and effect for ten (10) years from the date of contract execution. ARTICLE 4 — FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the final deliverable(s) as described in the "Payment and Deliverable Schedule ", attached hereto as Exhibit "B ". On or before August 1, 2007, the Recipient shall provide a completed Project Summary Final Report, attached hereto as Exhibit "C ". Concurrent with — delivery of the final deliverable(s), the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice(s) shall reference the District's Agreement Number and shall be sent to the following address: South Florida Water Management District ATTN: Accounts Payable 3301 Gun Club Road West Palm Beach, FL 33406 The Recipient shall not submit an invoice to any other address at the District. 4.3. Upon completion of the Project, any data that was generated during the performance of the Project shall be submitted to the District upon request. New Well Construction Projects: For projects involving construction of new wells, the Recipient shall: Agreement No.4600000582, Page 3 of 11 Agenda Item No. 16C4 February 13, 2007 Page 9 of 76 1. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available. Submissions shall be provided electronically as specified by the District. The data shall be archived in the District's permanent database and available to the public. Please contact Anthony Larenas at (561) 682 -2643, alarenasgsfwmd.gov or Emily Richardson (561) 682 -6824, for instructions on submitting data. 4.4 The Recipient shall provide to the District regular project update /status reports by February 1, 2007; April 1, 2007; and June 1, 2007. Reports shall provide detail on the progress of the Project and outline any potential issues affecting Project completion or overall schedule. Status reports may be submitted in any form agreed to by District project manager and the Recipient, and may include emails, memos, and letters. 4.5 In accordance with Section 373.0361 (7) (b) of the Florida Statutes, the Recipient shall provide an annual status update to the District detailing the progress of the Project. ARTICLE 5 — CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project Manager for attempted resolution or action. The Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the Project Manager and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. 5.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 — TERMINATION / REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E -7, Part II of the Florida Administrative Code, "Material Agreement No.4600000582, Page 4 of 11 Agenda Item No. 16C4 February 13, 2007 Page 10 of 76 Breach" is defined as any substantial, unexcused non - performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E -7, Part II of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and /or equity. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non - binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate this Agreement immediately without notice in the event any of the representations contained in the Recipient's project proposal are found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Work. Agreement No.4600000582, Page 5 of 11 Agenda Item No. 16C4 February 13, 2007 Page 11 of 76 ARTICLE 7 — RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non - financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the expiration date of this Agreement. C. Extended Availability of Records for Legal Disputes. In the event the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute. All such records shall be made readily available to the District. D. Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. 7.2 Whenever the District's contribution includes state or federal appropriated funds, the Recipient shall, in addition to the inspection and audit rights set forth in Article 7.1 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The District shall provide the necessary information to the Recipient as set forth in Exhibit "D." B. The Recipient shall maintain all financial /non- financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement Agreement No.4600000582, Page 6 of i l Agenda Item No. 16C4 February 13, 2007 Page 12 of 76 - (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year C. Examination of Records: The District or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the Recipient's financial and non- financial records to the extent necessary to monitor the Recipient's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. ARTICLE 8 — STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of T` Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. The Recipient agrees to comply with the terms and conditions of all permits. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. Agreement No.4600000582, Page 7 of I 1 Agenda Item No. 1604 February 13, 2007 Page 13 of 76 8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction of this Project. 8.8 A Recipient who operates a public water supply utility shall, by June 1, 2007 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before August 1, 2007. 8.9 Recipient of funds for a reuse project shall provide a status report by August 1, 2007 addressing the following issues: (1) accounting of reclaimed water usage and method used (meters, etc.); (2) all rates and charges for reclaimed water; (3) the status of implementing public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water; and (4) providing the District with the location of each reuse facility owned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. After construction is completed on the Project, the Recipient shall continuously operate the Project as described in the Project proposal and consistent with the applicable water use permit(s). In the event the Project is not operated in accordance with these requirements, the District may cease funding for this Project and any future Projects proposed by the Recipient. All other provisions of this contract shall terminate on September 30, 2007. 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply project and shall provide the District with a copy of such public education program on or before August 1, 2007. ARTICLE 9 — INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees Agreement No.4600000582, Page 8 of I 1 Agenda Item No. 16C4 February 13, 2007 Page 14 of 76 - and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 — RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other parry. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary or otherwise. ARTICLE 11— GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1 -11 (b) Exhibit "A" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver Agreement No.4600000582, Page 9 of 11 Agenda Item No. 16C4 February 13, 2007 Page 15 of 76 of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states that all publicity /public awareness media shall be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award shall require prior District approval. 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 11.8 This Agreement is subject to and governed by the provisions applicable to it contained in sections 373.0831 and 373.1961, Florida Statutes (2004), as amended by Chapter No. 2005 -291 (SB 444, Laws of Florida). Agreement No.4600000582, Page 10 of 11 Agenda Item No. 16C4 February 13, 2007 Page 16 of 76 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD Date: SFWMD Procurement Approved: Frank Hayden, Procurement Director By / -X tl' t ' i "k Date: / 3r, & SFWMD Office of Counsel Approved: By: ATTEST: DWIGHT E. BROCK, Clerk By epu y Clerk Date Approved as to form and legal sufficiency Assistant County Attorney Date: Entity's Legal Name: By Authorized Official: Printed Name Title: Date: THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA JAMES COLETTA CHAIRMAN Agreement No.4600000582, Page 11 of 11 Agenda Item No. 16C4 February 13, 2607 Page 17 of 76 Exhibit "A" Statement of Work Collier County Reclaimed Water Booster Pump Station (North -South Interconnect Pipes under Livingston Road) A. IntroductionBackground Collier County reused approximately 5 billion gallons of treated wastewater in 2004. The majority of the water is used by commercial and residential users for irrigation. Collier County also uses reclaimed water for irrigation at various parks and roadway medians. A small portion of the reclaimed water is used for environmental mitigation. The reclaimed water system is made up of over 50 miles of distribution piping, 130 million gallons of wet weather storage, two deep injection wells, and six large pumping stations. The County serves two reclaimed water service areas referred to as the South and North service areas. The South service area is primarily served by treated effluent from the South County Water Reclamation Facility (WRF) and the North service area is served by the North County WRF. The main issue Collier County's reclaimed water program faces is wet weather storage. B. Objectives The County has identified a need to construct an in -line booster pump station to add flexibility and increase efficiency to their reclaimed water system. The reclaimed water pump station will enhance the interconnections of the North and South reclaimed water service areas, allowing the County to serve as many customers as possible and also maximizing the use of their reclaimed water storage facilities, including the reclaimed water ASR system, located in the North service area. This project will allow storage of reclaimed water during the wet season, providing additional reclaimed water during the peak demand. The project will consist of two phases: Phase 1 is to connect the North and South reclaimed water service areas by microtunneling under the Livingston Road. Phase 2 is to build a reclaimed water booster pumping station. This statement of work is for Phase 1. C. Scope of Work FY2007 work activities include the microtunneling of two 16 -inch reclaimed water mains across Livingston Road. Page 1 of 2, Exhibit "A" to Agreement No. 4600000582 Agenda Item No. 16C4 February 13, 2007 Page 18 of 76 D. Work Breakdown Structure The work breakdown structure associated with this project is described below: Task 1 - Status Report: The Recipient shall submit to the SFWMD Project Manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: February 1, 2007 Task 2 - Status Report: The Recipient shall submit to the SFWMD Project Manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: April 1, 2007 Task 3 - Status Report: The Recipient shall submit to the SFWMD Project Manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: June 1, 2007 Task 4 — The Recipient shall install two (2) 16 -inch reclaimed water mains across Livingston Road. Due Date: August 1, 2007 Task 5 — Final Report: The Recipient shall submit to the project manager a Final Project Report summarizing all work performed during the course of the project. Due Date: August 1, 2007 Page 2 of 2, Exhibit "A" to Agreement No. 4600000582 Agenda Item No. 16C4 February 13, 2007 Page 19 of 76 EXHIBIT "B" PAYMENT AND DELIVERABLE SCHEDULE Total payment by the District to Collier County shall not exceed the amount of $259,200.00. Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. The Recipient hereby agrees to provide the District all deliverables, data and information described in the Statement of Work. Invoices for completed deliverables shall be submitted to the District for payment by April 1 and/or August 1, 2007. However, the Recipient is encouraged to arrange for deliverable inspection and invoice as soon as a deliverable has been completed. Reporting requirements are also part of this exhibit. The Recipient shall provide regular project update /status reports by February 1, 2007; April 1, 2007 and June 1, 2007. Reports will provide detail on the progress of the project and outline any potential issues affecting project completion or overall schedule. Status reports may be submitted in any form agreed to by the SFWMD Project Manager and the Recipient, and could include emails, memos, and letters. If the total consideration for this Agreement is subject to multi -year funding allocations, funding for each applicable fiscal year of this Agreement will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding for any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Agreement to the contrary. I Status Report N/A February 1, 2007 N/A 2 Status Report N/A April 1, 2007 N/A 3 Status Report N/A June 1, 2007 N/A 4 Install (microtunnel) two (2) 16" interconnect reclaimed water lines under Livingston Road August 1, 2007 N/A $259,200.00 5 Final Project Report N/A August 1, 2007 N/A TOTAL DISTRICT PAYMENT $259,200.00 ' The deadline for the final invoice submittal is August 1, 2007. However, this invoice may be submitted prior to August 1, 2007 if the deliverables are completed prior to the due date. 2 If the project is completed prior to the due date of a Status Report (Tasks 1 -3), then the Status Report shall be replaced by the Final Report and subsequent Status Reports shall not be required. Page 1 of 1, Exhibit "B" to Agreement No. 4600000582 EXHIBIT "C" REPORTING FORM Project Summary Final Report — FY 2007 Project Name SFWMD Contract Number Describe Project constructed: Project Manager Project Owner Agenda Item No. 16C4 February 13, 2007 Page 20 of 76 Type of Quantity of Water Made Available Alternative Water GD Upon Completion of This Phase Construction Duration Supply Proposed I Actual Start Finish Total Construction Cost — This Phase 1 $ 1 S District funding this phase Local funds Other funding source From: TOTAL Attach map and photo(s) of project on CD, if available To the best of my knowledge, the above information is correct Project Manager Page 1 of 1, Exhibit "C" to Agreement No. 4600000582 Actual �N O 0 c N z r T yLL M - LL- Q ❑ m LLJ Z 3 0 J O LU m LL O I-- Cn CO Z 0 I— Z U1 2 Lli LLJ Q 2 F- O F— Z Elf V/ H F— Z LLJ uj F- 0 F- LLI Q Q 0 Z D LL V .b (sr L _ 0 3 0 Lz. A 0 c 0 U c v 67 i � o a Q C Q OA C b C C w V H Q Q w U H O Q p Q � cCa U Z _ L a y T u � w Q w � w 3 Q d C O 0 d a� •� O � a o CCS fl U 0. Q C O O Q bq C :a C 3 w C •O y o w E- s V w o w U G O U c u L Q w 0 w � L � L Q � `z. a 'u v U r � � 'O V y L R cu Qw y d L u ix E L inn d 0 z $ ,W w V .b (sr L _ 0 3 0 Lz. A 0 c 0 U c v 67 i � o a Q C Q OA C b C C w V H Q Q w U H O Q p Q � cCa U Z _ L a y T u � w Q w � w 3 Q d D\ N w 3 Q 0 F o C L LL N U Q O � � Uca(D C a) L C C — cc N O CA N _O cn O O U cc .Q co L O V O C N O L C C v . E .0 (D O O U E O w CL N 4- ►+ U O C E�Q-v OUP QQ O M N N .0 r- U O U) r N Cn -0 •Q U L N O 'a L ` N C 0 o -0 r U E ca Q f� V n Q C � :3 O N ." O C a E m n cc cn a) U O Q Q. � . L) �►- U N , O a O LLLL N L O /1 O �0U in N 00 0 0 0 0 0 v O Z Cd c E ai cn Q O O 0p 0. 0 d C's y O C w ri Z D\ N w 3 Q 0 F o C L LL N U Q O � � Uca(D C a) L C C — cc N O CA N _O cn O O U cc .Q co L O V O C N O L C C v . E .0 (D O O U E O w CL N 4- ►+ U O C E�Q-v OUP QQ O M N N .0 r- U O U) r N Cn -0 •Q U L N O 'a L ` N C 0 o -0 r U E ca Q f� V n Q C � :3 O N ." O C a E m n cc cn a) U O Q Q. � . L) �►- U N , O a O LLLL N L O /1 O �0U in N 00 0 0 0 0 0 v O Z Cd c E ai cn Q O O 0p 0. Agenda item No. 16C4 February 13, 2007 Page 22 of 76 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 - (561) 686 -8800 - FL WATS 1 -800- 432 -2045 - TDD (561) 697 -2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 334164680 - www.sfwmd.gov December 7, 2006 Mr, Roy Anderson Collier County Public Utilities (=i 3301 East Tamiami Trail o Bldg. H Naples, FL 34112 Dear Mr. Anderson: ' Subject: Contract # 4600000589 FY2007 AWS - Project # LWC -9 through LWC -11 w Please find enclosed two (2) copies of the subject document. Please have them signed by an individual with signature authority on behalf of your organization. Please include documentation to demonstrate official delegation of signature authority up to the contract monetary limits. Please return both copies to my attention, along with, if applicable and not previously submitted, a Certificate of Insurance reflecting the required coverage(s). Do not date the documents, a fully signed document will be returned to you upon execution by the South Florida Water Management District (District). Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, or if you require any additional information, please contact me. Sincerely, 4Bemadette Harrison Contract Specialist Procurement Department bharriso @sfwmd.gov (561) 682 -6378 FAX: (561) 681 -6275 BH /kp Enclosure Robert Verrastro- MSC4360 GOVERNING BOARD r evm mct:arty, Chair Alice J. Carlson Lennart E. Lindahl, P.E. Carol Ann Wehle, Executive Director Irela M. Bague, Vice -Chair Michael Collins Harkley R. Thornton Miya Burt - Stewart Nicolas J. Gutierrez, Jr., Esq, Malcolm S. Wade, Jr. Agenda Item No. 16G4 V R G"Whof 776 a ' SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2006 — 2007 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM Recipient: Collier County Public Utilities Recipient's Project Manager: Roy Anderson Address: 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Telephone No: (239) 530 -6278 Fax No: (239) 530 -5378 SFWMD Project Manager: Robert Verrastro Telephone No.: (561) 682 -6139 Fax No.: (561) 681 -6264 Contract Specialist: Bernadette Harrison Telephone No.: (561) 682 -6378 Fax No.: (561) 682 -5587 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416 -4680 Insurance: Not Applicable Federal Employer Identification Number: 59- 6000558 Project Title: FY2007 AWS — Project # LWC -9 through LWC -11 Description: South County Reverse Osmosis (RO) Expansion Agreement No. 4600000589, Page l of 11 moment Number. v Insurance: Not Applicable Federal Employer Identification Number: 59- 6000558 Project Title: FY2007 AWS — Project # LWC -9 through LWC -11 Description: South County Reverse Osmosis (RO) Expansion Agreement No. 4600000589, Page l of 11 Agenda item No. 1604 February 13, 2007 Page 24 of 76 This Agreement is entered into between "the Parties," the South Florida Water Management District, the "District ", and the undersigned party, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 — PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A ", hereinafter referred to as the "Project ", and made a part of this Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work Exhibit B Payment and Deliverable Schedule Exhibit C Reporting Form Exhibit D Federal/State Funding Resources ARTICLE 2 — TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall be the dates noted on the first page of this Agreement. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 — COMPENSATION / CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60 %) of the Project's construction cost, unless a different amount is authorized pursuant to s. 373.1961(3)(e), Florida Statutes. Agreement No. 4600000589, Page 2 of 11 Agenda Item No. 16C4 February 13, 2007 Page 25 of 76 3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A ". By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder, including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "A ". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the Project. District funds shall only be used for the construction activities described in Exhibit "A ". 3.4 The Recipient agrees to reimburse the District funds provided through this Agreement for facilities (i.e. test/production wells, etc.) that do not become an operational component of the overall alternative water supply facility within the timeframe established in the proposal. Notwithstanding anything in this Agreement to the contrary, this paragraph shall remain in full force and effect for ten (10) years from the date of contract execution. ARTICLE 4 — FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the final deliverable(s) as described in the "Payment and Deliverable Schedule ", attached hereto as Exhibit "B ". On or before August 1, 2007, the Recipient shall provide a completed Project Summary Final Report, attached hereto as Exhibit "C ". Concurrent with delivery of the final deliverable(s), the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice(s) shall reference the District's Agreement Number and shall be sent to the following address: South Florida Water Management District ATTN: Accounts Payable 3301 Gun Club Road West Palm Beach, FL 33406 The Recipient shall not submit an invoice to any other address at the District. 4.3. Upon completion of the Project, any data that was generated during the performance of the Project shall be submitted to the District upon request. New Well Construction Projects: For projects involving construction of new wells, the Recipient shall: Agreement No. 4600000589, Page 3 of I 1 Agenda Item No. 16C4 February 13, 2007 Page 26 of 76 I. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available. Submissions shall be provided electronically as specified by the District. The data shall be archived in the District's permanent database and available to the public. Please contact Anthony Larenas at (561) 682 -2643, alarenas cusfwm .gov or Emily Richardson (561) 682 -6824, for instructions on submitting data. 4.4 The Recipient shall provide to the District regular project update /status reports by February 1, 2007; April 1, 2007; and June 1, 2007. Reports shall provide detail on the progress of the Project and outline any potential issues affecting Project completion or overall schedule. Status reports may be submitted in any form agreed to by District project manager and the Recipient, and may include emails, memos, and letters. 4.5 In accordance with Section 373.0361 (7) (b) of the Florida Statutes, the Recipient shall provide an annual status update to the District detailing the progress of the Project. ARTICLE 5 — CONTRACT MANAGEMENT °~ 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project Manager for attempted resolution or action. The Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the Project Manager and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. 5.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 — TERMINATION / REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E -7, Part II of the Florida Administrative Code, "Material Agreement No. 4600000589, Page 4 of 11 Agenda Item No. 16C4 February 13, 2007 Page 27 of 76 Breach" is defined as any substantial, unexcused non - performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall . issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E -7, Part II of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and/or equity. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non - binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate this Agreement immediately without notice in the event any of the representations contained in the Recipient's project proposal are found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Work. Agreement No. 4600000589, Page 5 of 11 Agenda Item No. 16C4 February 13, 2007 Page 28 of 76 ARTICLE 7 — RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non - financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the expiration date of this Agreement. C. Extended Availability of Records for Legal Disputes In the event the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute. All such records shall be made readily available to the District. D. Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. 7.2 Whenever the District's contribution includes state or federal appropriated funds, the Recipient shall, in addition to the inspection and audit rights set forth in Article 7.1 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The District shall provide the necessary information to the Recipient as set forth in Exhibit "D." B. The Recipient shall maintain all financial/non- financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability "requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement Agreement No. 4600000589, Page 6 of 11 Agenda Item No. 16C4 February 13, 2007 Page 29 of 76 (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year C. Examination of Records: The District or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the Recipient's financial and non- financial records to the extent necessary to monitor the Recipient's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. ARTICLE 8 — STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. The Recipient agrees to comply with the terms and conditions of all permits. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. Agreement No. 4600000589, Page 7 of 11 Agenda Item No. 16C4 February 13, 2007 Page 30 of 76 — 8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction of this Project. 8.8 A Recipient who operates a public water supply utility shall, by June 1, 2007 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before August 1, 2007. 8.9 Recipient of funds for a reuse project shall provide a status report by August 1, 2007 addressing the following issues: (1) accounting of reclaimed water usage and method used (meters, etc.); (2) all rates and charges for reclaimed water; (3) the status of implementing public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water; and (4) providing the District with the location of each reuse facility owned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. After construction is completed on the Project, the Recipient shall continuously operate the Project as described in the Project proposal and consistent with the applicable water use permit(s). In the event the Project is not operated in accordance with these requirements, the District may cease funding for this Project and any future Projects proposed by the Recipient. All other provisions of this contract shall terminate on September 30, 2007. 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply project and shall provide the District with a copy of such public education program on or before August 1, 2007. ARTICLE 9 — INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees Agreement No. 4600000589, Page 8 of 11 Agenda Item No. 16C4 February 13, 2007 Page 31 of 76 and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 — RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary or otherwise. ARTICLE 11 —GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1 -11 (b) Exhibit "A" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver Agreement No. 4600000589, Page 9 of 11 Agenda Item No. 16C4 February 13, 2007 Page 32 of 76 of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states that all publicity /public awareness media shall be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award shall require prior District approval. 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 11.8 This Agreement is subject to and governed by the provisions applicable to it contained in sections 373.0831 and 373.1961, Florida Statutes (2004), as amended by Chapter No. 2005 -291 (SB 444, Laws of Florida). Agreement No. 4600000589, Page 10 of 11 Agenda Item No. 16C4 February 13, 2007 Page 33 of 76 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD Frank Hayden, Procurement Director Date: SFWMD Procurement Approved: Date: SFWMD Office of Counsel Approved: LE ATTEST: DWIGHT E. BROCK, Clerk By Deputy Clerk Date Approved as to form and legal sufficiency Assi ta4Cou Attorney Date: Entity's Legal Nap= By Authorized Official: Printed Name: THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA JAMES COLETTA CFLA.IR-MAN Title; Date: - - Agreement No. 4600000589, Page I I of I I Agenda Item No. 16C4 February 13, 2007 Page 34 of 76 Exhibit "A" Statement of Work Collier County Public Utilities South County Reverse Osmosis (RO) Expansion A. Introduction/Background Existing needs for additional water supply, fueled by an extremely high rate of growth, have prompted Collier County to move forward with a comprehensive plan to improve and expand its current RO plant from 8 -MGD to 20 -MGD as well as the wellfield system. As part of the comprehensive plan, additional wells are to be provided to meet demand needs. The Collier County South County Regional Water Treatment Plant (SCRWTP) contains an existing 12 -MGD Lime Softening (LS) plant and an 8 -MGD Reverse Osmosis (RO) plant. The construction of the 8 MGD SCRWTP reverse osmosis (RO) facility was completed in 2004. To meet the projected increase in potable water demand, the SCRWTP RO treatment capacity will be expanded by an additional 12 MGD (to 20 MGD). The purpose of the SCRWTP Wellfield Expansion project is to provide a reliable raw water supply for the reverse osmosis expansion of the SCRWTP. The expansion of the Wellfield will be designed to provide an additional yield of 12 MGD of finished water. Twenty -three (23) wells sites have been identified south of the SCRWTP site for the 12 MGD expansion. The twenty -three (23) new wells will draw water from the Hawthorn Zone 1 Aquifer. Installation of four (4) additional reliability wells in the south brackish Wellfield will include two (2) Lower Hawthorn and two (2) Hawthorn Zone I wells. These reliability wells will support fifteen (15) existing and twenty -three (23) proposed production wells in the south brackish Wellfield. The Lower Hawthorn production wells are typically designed to produce an average 1.0 MGD of raw water, while the Hawthorn Zone I wells are designed to produce an average of 0.5 MGD. B. Objectives The SCRWTP 12 -MGD Reverse Osmosis Expansion project will use Hawthorn Zone 1 Aquifer water to provide sufficient supply capacity for the expansion of the SCRWTP, to continuously produce at full capacity during peak season demand. This project will enhance the existing saline supply without tapping additional water from the surficial, fresh aquifer system, thereby reducing the negative impacts on wetlands while lowering future demand on fresh water sources. C. Scope of Work This project involves the expansion of the Collier County South County Regional Water Treatment Plant system via increased brackish water supply. The major elements to be constructed include expanded reverse osmosis membrane capacity from 8 mgd to 20 mgd, installation of Hawthorn supply wells and associated piping, wellheads, pumps and pre- treatment appurtenances. Page 1 of 3, Exhibit "A" of Agreement No. 4600000589 Agenda Item No. 16C4 February 13, 2067 Page 35 of 76 D. Work Breakdown Structure The work breakdown structure associated with this project is described below: Task 1 - Status Report: The Recipient shall submit to the SFWMD Project Manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: February 1, 2007 Task 2 - Status Report: The Recipient shall submit to the SFWMD Project Manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: April 1, 2007 Task 3 - Status Report: The Recipient shall submit to the SFWMD Project Manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: June 1, 2007 Task 4.0 — The Recipient shall complete all the tasks listed below as part of the 12 MGD RO Plant Expansion: Task 4.1 — Install six (6) 2 MGD RO skids including RO membrane feed pumps and RO membrane interstage booster pumps. Due Date: August 1, 2007 Task 4.2 — Install four (4) horizontal cartridge filters for pretreatment of raw water upstream of the RO skids. Due Date: August 1, 2007 Task 4.3 — Install two (2) degasifier systems for post treatment of additional RO treated water. Due Date: August 1, 2007 Task 4.4 — Install one (1) transfer pump at the existing blend /transfer facility. Due Date: August 1, 2007 Task 4.5 — Construct one (1) high service pump at Station No. 2. Due Date: August 1, 2007 Task 4.6 — Complete expansion of RO facility electrical power system including addition of switchgear and emergency generators. Due Date: August 1, 2007 Page 2 of 3, Exhibit "A" of Agreement No. 4600000589 Agenda Item No. 16C4 February 13, 2007 Page 36 of 76 Task 5.0 — The Recipient shall complete all tasks listed below as part of the South Floridan Aquifer Wellfield Expansion: Task 5.1 — Install nine (9) Hawthorn Zone 1 Wells wellheads. Due Date: August 1, 2007 Task 5.2 — Construct approximately 11,310' of 36 -inch transmission main piping. Due Date: August 1, 2007 Task 5.3 — Construct approximately 3,853' of 24 -inch transmission main piping. Due Date: August 1, 2007 Task 5.4 — Construct approximately 2,500' of 16 -inch transmission main piping. Due Date: August 1, 2007 Task 5.5 — Construct approximately 2.300' of 12 -inch transmission main piping. Due Date: August 1, 2007 Task 5.6 — Construct approximately 4,500' of 8 -inch transmission main piping. Due Date: August 1, 2007 Task 6.0 — The Recipient shall complete all tasks listed below as part of the South — Hawthorn Reliability Wells No. 39S -42S: Task 6.1 — Drilling of two (2) Hawthorn Zone 1 and two (2) Lower Hawthorn wells (wells no. 39S - 42S). Due Date: August 1, 2007 Task 6.2 — Construct four (4) well wellheads. Due Date: August 1, 2007 Task 6.3 — Construct associated transmission mains to connect to existing raw water transmission system. Due Date: August 1, 2007 Task 7 — Final Report: The Recipient shall submit to the SFWMD Project Manager a Final Project Report summarizing all work performed during the course of the project. If the project includes well drilling and testing, deliverables shall include copies of all hydrogeologic data collected in the course of drilling and testing, in the District specified format. An electronic copy of the District specified format is available via email by requesting a copy from the SFWMD Project Manager. Due Date: August 1, 2007 Page 3 of 3, Exhibit "A" of Agreement No. 4600000589 Agenda Item No. 16C4 February 13, 2007 Page 37 of 76 EXHIBIT "B" PAYMENT AND DELIVERABLE SCHEDULE Total payment by the District to Collier County Public Utilities shall not exceed the amount of $2,200,000.00. Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. The Recipient hereby agrees to provide the District all deliverables, data and information described in the Statement of Work. Invoices for completed deliverables shall be submitted to the District for payment by April 1 and/or August 1, 2007. However, the Recipient is encouraged to arrange for deliverable inspection and invoice as soon as a deliverable has been completed. Reporting requirements are also part of this exhibit. The Recipient shall provide regular project update /status reports by February 1, 2007; April 1, 2007 and June 1, 2007. Reports will provide detail on the progress of the project and outline any potential issues affecting project completion or overall schedule. Status reports may be submitted in any form agreed to by the SFWMD Project Manager and the Recipient, and could include emails, memos, and letters. If the total consideration for this Agreement is subject to multi -year funding allocations, funding for each applicable fiscal year of this Agreement will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding for any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Agreement to the contrary. Page 1 of 2, Exhibit `B" of Agreement No. 4600000589 Agenda Item No. 16C4 February 13, 2007 Page 38 of 76 1 The deadline for the final invoice submittal is August 1, 2007. However, this invoice may be submitted prior to August 1, 2007 if the deliverables are completed prior to the due date. 2 If the project is completed prior to the due date of a Status Report (Tasks 1 -3), then the Status Report shall be replaced by the Final Report and subsequent Status Reports shall not be required. Page 2 of 2, Exhibit `B" of Agreement No. 4600000589 1.0 Status Report N/A February 1, 2007 N/A+ 2.0 Status Report N/A April 1, 2007 N/A 3.0 Status Report N/A June 1, 2007 N/A 4.0 12 MGD RO Plant Expansion N/A N/A N/A 4.1 Installation of six (6) 2 MGD RO skids including RO August 1, 2007 N/A $270,000 membrane feed pumps and RO membrane interstage booster pumps 4.2 Install four (4) horizontal cartridge filters for August 1, 2007 N/A $150,000 pretreatment of raw water upstream of the RO skids 4.3 Install two (2) degasifier systems for post treatment August 1, 2007 N/A $100,000 of additional RO treated water 4.4 Install one (1) transfer pump at the existing August 1, 2007 N/A $100,000 blend/transfer facility 4.5 Construction of one (1) high service pump at Station August 1, 2007 N/A $100,000 No. 2 4.6 Complete expansion of RO facility electrical power August 1, 2007 N/A $50,000 system including addition of switchgear and emergency enerators 5.0 South Floridan Aquifer Wellfield Expansion N/A N/A N/A 5.1 Installation of nine (9) Hawthorn Zone 1 Wells August 1, 2007 N/A $375,000 wellheads ($41,666.67 /wellhead 5.2 Construction of 36 -inch transmission main piping August 1, 2007 N/A $215,000 (approx. 11,310 feet 5.3 Construction of 24 -inch transmission main piping August 1, 2007 N/A $100,000 (approx. 3,853 feet 5.4 Construction of 16 -inch transmission main piping August 1, 2007 N/A $100,000 (approx. 2,500') 5.5 Construction of 12 -inch transmission main piping August 1, 2007 N/A $100,000 (approx. 2,300 feet) 5.6 Construction of 8 -inch transmission main piping August 1, 2007 N/A $100,000 (approx. 4,500 feet) 6.0 South Hawthorn Reliability Wells No. 39S -42S N/A N/A N/A 6.1 Drilling of two (2) Hawthorn Zone 1 and two (2) August 11 2007 N/A $200,000 Lower Hawthorn wells ($50,000 /well) 6.2 Construction of four (4) well wellheads August 1, 2007 N/A $150,000 ($37,500 /wellhead) 6.3 Construction of associated transmission mains to August 1, 2007 N/A $90,000 connect to existing raw water transmission system 7.0 Final Project Report N/A August 1, 2007 N/A TOTAL DISTRICT PAYMENT 52,200,000 1 The deadline for the final invoice submittal is August 1, 2007. However, this invoice may be submitted prior to August 1, 2007 if the deliverables are completed prior to the due date. 2 If the project is completed prior to the due date of a Status Report (Tasks 1 -3), then the Status Report shall be replaced by the Final Report and subsequent Status Reports shall not be required. Page 2 of 2, Exhibit `B" of Agreement No. 4600000589 EXHIBIT "C" REPORTING FORM Project Summary Final Report — FY 2007 Project Name SFWMD Contract Number Describe Project constructed: Project Manager Project Owner Agenda Item No. 16C4 February 13, 2007 Page 39 of 76 Attach map and photo(s) of project on CD, if available To the best of my knowledge, the above information is correct Project Manager Page 1 of 1, Exhibit "C" to Agreement No. 4600000589 Type of Water Quantity of Water Made Available (MGD) Upon Completion of This Phase Construction Duration Alternative Supply Proposed Actual Start Finish Attach map and photo(s) of project on CD, if available To the best of my knowledge, the above information is correct Project Manager Page 1 of 1, Exhibit "C" to Agreement No. 4600000589 �F-- C.0 t} o r-. c,o o N O O a� Q O m W V z 0 J J 0 W 0 I— CO z 0 H z W W �w�/ LL. Q _CO N 0 H z llD^ VJ Of Z) CL f z W W 0 F- 0 W 0 VJ 0 z LL 9 L C9 Q e� 0 H V U N C C L4..- �n U O cc .0 C m C Uma�i L a+ . 0) L= O '•0 U (U O O D M fl m � U o o L• ca O L C C_ E '[3 M O O _U CL U 0 C N m .0 L (� -a cp QLf- O C 0 U M " N U-0 U C 1 U L ►� _U O LO C ` N C7 Q O j s M U O m ca -Q0 E Im a) U- N C {) tiz `t C v .Y p U - O C (D 3 E cu i = U = O c�a O a� E U- E O o U-0V iinn C\ 00 0 0 0 0 v 0 a� •� o 0 a� � o � ¢U v y Q °o ti R L O L QI Q O\ ao L a� q N 0 w O C � 0 o 0 W E-� ^ v q L U QD c 0 U o _o � C � RL o L vUi R', Q h N Q F w w y ev c Q � O r Qz QI � � L' w � �u a w .O Q o � Q a�i e R D\ Qw w v L � M O y •Ir a � o a Q� ; tO o w c �z 0 i�wa,z L 9 L C9 Q e� 0 H V U N C C L4..- �n U O cc .0 C m C Uma�i L a+ . 0) L= O '•0 U (U O O D M fl m � U o o L• ca O L C C_ E '[3 M O O _U CL U 0 C N m .0 L (� -a cp QLf- O C 0 U M " N U-0 U C 1 U L ►� _U O LO C ` N C7 Q O j s M U O m ca -Q0 E Im a) U- N C {) tiz `t C v .Y p U - O C (D 3 E cu i = U = O c�a O a� E U- E O o U-0V iinn C\ 00 0 0 0 0 v c 0 v •C o 0 a� a U v y Q °o ti R L O L QI � 7 O\ � L a� Q N Q O c 0 � 0 o 0 y w ^ v L O o _o � � � � RL o c vUi R', rOi, N Q F as w y ev c Q O U O r O � � c w � w `o U 0 U C D\ C a� a� L � M Q •Ir � � o a Q� w o w c �z .r+ C. L U OV � Qw a w L ILI w o � ate+ 'b u A c 3 L .1. Q h v L ;rwaZ rn El M �waz 9 L C9 Q e� 0 H V U N C C L4..- �n U O cc .0 C m C Uma�i L a+ . 0) L= O '•0 U (U O O D M fl m � U o o L• ca O L C C_ E '[3 M O O _U CL U 0 C N m .0 L (� -a cp QLf- O C 0 U M " N U-0 U C 1 U L ►� _U O LO C ` N C7 Q O j s M U O m ca -Q0 E Im a) U- N C {) tiz `t C v .Y p U - O C (D 3 E cu i = U = O c�a O a� E U- E O o U-0V iinn C\ 00 0 0 0 0 v c 0 y •° o � o � �U v Q °o �1 O\ N Q O c 0 � 0 o 0 cn c ^ o _o � � � � RL o L vUi R', rOi, N Q F w y ev c Q O U O 0 � c w � U «+ D\ L Q � M H � � o h L w o .r+ C. U � Qw L ILI w �a Q u A L .1. ;rwaZ rn [/i M 9 L C9 Q e� 0 H V U N C C L4..- �n U O cc .0 C m C Uma�i L a+ . 0) L= O '•0 U (U O O D M fl m � U o o L• ca O L C C_ E '[3 M O O _U CL U 0 C N m .0 L (� -a cp QLf- O C 0 U M " N U-0 U C 1 U L ►� _U O LO C ` N C7 Q O j s M U O m ca -Q0 E Im a) U- N C {) tiz `t C v .Y p U - O C (D 3 E cu i = U = O c�a O a� E U- E O o U-0V iinn C\ 00 0 0 0 0 v Agenda Item No. 16C4 February 13, 2007 Page 41 of 76 q_ SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 - (561) 686 -8800 - FL WATS 1 -800- 432 -2045 - TDD (561) 697 -2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 - wwwsfwmd.gov December 7, 2006 Mr. Roy Anderson Collier County Public Utilities 3301 East Tamiami Trail Bldg. H Naples, FL 34112 Dear Mr. Anderson: Subject: Contract # 4600000596 FY2007 AWS - Project # LWC-8 C; c» c� Please find enclosed two (2) copies of the subject document. Please have them signed by an individual with signature authority on behalf of your organization. Please include documentation to demonstrate official delegation of signature authority up to the contract monetary limits. Please return both copies to my attention, along with, if applicable and not previously submittK a Certificate of Insurance reflecting the required coverage(s). Do not date the documents, a fully signed document will be returned to you upon execution by the South Florida Water Management District (District). Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, or if you require any additional information, please contact me. Sincerely, Bemadette Harrison Contract Specialist Procurement Department bharriso @sfwmd.gov (561) 682 -6378 FAX: (561) 681 -6275 BH /kp Enclosure Robert Verrastro- MSC4360 GOVERNING BOARD OFFICE C Kevin McCarty, Chair Alice J. Carlson Lennart E. Lindahl, P.E. Carl Ann Wehle, Executive Director Irela M. Baguio, Vice -Chair Michael Collins Harkley R. Thornton Miya Burt - Stewart NicolSs J. Gutierrez, Jr., Esq. Malcolm S. Wade, Jr. e Afa SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2006 — 2007 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM Recipient: Collier County Public Utilities Z_, ; 3 F3kW"ti ^ per e me Project Manager: Roy Anderson 1 ��► ,�ar�al. T3�viRecipient's �' �tlit� Address: 3301 East Tamiami Trail, Bldg. H Naples FL 34112 tt fi�rt:6�119p�° Telephone No: (239) 530 -6278 _ F y, Fax No: (239) 530 -5378 K 3 SFWMD Project Manager: Robert Verrastro Telephone No.: (561) 682 -6391 Fax No.: (561) 681 -6264 Contract Specialist: Bernadette Harrison Telephone No.: (561) 682 -6378 Fax No.: (561) 682 -5587 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416 -4680 Insurance: Not Applicable Federal Employer Identification Number: 59- 6000558 Project Title: FY2007 AWS — Project # LWC -8 Description: Reclaimed Water Booster Pump Station (North -South Interconnect Pipes under Livingston Road Agreement No. 4600000596, Page 1 of 11 Agenda Item No. 16C4 February 13, 2007 Page 43 of 76 This Agreement is entered into between "the Parties," the South Florida Water Management District, the "District ", and the undersigned party, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE I — PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A ", hereinafter referred to as the "Project ", and made a part of this Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work Exhibit B Payment and Deliverable Schedule Exhibit C Reporting Form Exhibit D Federal /State Funding Resources ARTICLE 2 — TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall be the dates noted on the first page of this Agreement. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 — COMPENSATION / CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60 %) of the Project's construction cost, unless a different amount is authorized pursuant to s. 373.1961(3)(e), Florida Statutes. Agreement No. 4600000596, Page 2 of 11 Agenda Item No. 16C4 February 13, 2007 Page 44 of 76 3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A ". By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder, including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "A ". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the Project. District funds shall only be used for the construction activities described in Exhibit "A ". 3.4 The Recipient agrees to reimburse the District funds provided through this Agreement for facilities (i.e. test/production wells, etc.) that do not become an operational component of the overall alternative water supply facility within the timeframe established in the proposal. Notwithstanding anything in this Agreement to the contrary, this paragraph shall remain in full force and effect for ten (10) years from the date of contract execution. ARTICLE 4 — FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the final deliverable(s) as described in the "Payment and Deliverable Schedule ", attached hereto as Exhibit `B ". On or before August 1, 2007, the Recipient shall provide a completed Project Summary Final Report, attached hereto as Exhibit "C ". Concurrent with delivery of the final deliverable(s), the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice(s) shall reference the District's Agreement Number and shall be sent to the following address: South Florida Water Management District ATTN: Accounts Payable 3301 Gun Club Road West Palm Beach, FL 33406 The Recipient shall not submit an invoice to any other address at the District. 4.3. Upon completion of the Project, any data that was generated during the performance of the Project shall be submitted to the District upon request. New Well Construction Projects: For projects involving construction of new wells, the Recipient shall: Agreement No. 4600000596, Page 3 of 11 Agenda item No. 16C4 February 13, 2007 Page 45 of 76 1. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available. Submissions shall be provided electronically as specified by the District. The data shall be archived in the District's permanent database and available to the public. Please contact Anthony Larenas at (561) 682 -2643, alarenas(c—v.sfwmd.gov or Emily Richardson (561) 682 -6824, for instructions on submitting data. 4.4 The Recipient shall provide to the District regular project update /status reports by February 1, 2007; April 1, 2007; and June 1, 2007. Reports shall provide detail on the progress of the Project and outline any potential issues affecting Project completion or overall schedule. Status reports may be submitted in any form agreed to by District project manager and the Recipient, and may include emails, memos, and letters. 4.5 In accordance with Section 373.0361 (7) (b) of the Florida Statutes, the Recipient shall provide an annual status update to the District detailing the progress of the Project. ARTICLE 5 — CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project Manager for attempted resolution or action. The Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the Project Manager and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. 5.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 — TERMINATION / REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E -7, Part II of the Florida Administrative Code, "Material Agreement No. 4600000596, Page 4 of t l Agenda Item No. 16C4 February 13, 2007 Page 46 of 76 Breach" is defined as any substantial, unexcused non - performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E -7, Part II of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and/or equity. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non - binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate this Agreement immediately without notice in the event any of the representations contained in the Recipient's project proposal are found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Work. Agreement No. 4600000596, Page 5 of 11 Agenda Item No. 16C4 February 13, 2007 Page 47 of 76 ARTICLE 7 — RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non - financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the expiration date of this Agreement. C. Extended Availability of Records for Legal Disputes. In the event the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute. All such records shall be made readily available to the District. D. Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. 7.2 Whenever the District's contribution includes state or federal appropriated funds, the Recipient shall, in addition to the inspection and audit rights set forth in Article 7.1 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The District shall provide the necessary information to the Recipient as set forth in Exhibit "D." B. The Recipient shall maintain all financial/non- financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement Agreement No. 4600000596, Page 6 of 11 Agenda Item No. 1604 February 13, 2007 Page 48 of 76 — (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year C. Examination of Records: The District or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the Recipient's financial and non- financial records to the extent necessary to monitor the Recipient's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. ARTICLE 8 — STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. The Recipient agrees to comply with the terms and conditions of all permits. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. Agreement No. 4600000596, Page 7 of 11 Agenda Item No. 16C4 February 13. 2007 Page 49 of 76 8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction of this Project. 8.8 A Recipient who operates a public water supply utility shall, by June 1, 2007 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before August 1, 2007. 8.9 Recipient of funds for a reuse project shall provide a status report by August 1, 2007 addressing the following issues: (1) accounting of reclaimed water usage and method used (meters, etc.); (2) all rates and charges for reclaimed water; (3) the status of implementing public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water; and (4) providing the District with the location of each reuse facility owned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. After construction is completed on the Project, the Recipient shall continuously operate the Project as described in the Project proposal and consistent with the applicable water use permit(s). In the event the Project is not operated in accordance with these requirements, the District may cease funding for this Project and any future Projects proposed by the Recipient. All other provisions of this contract shall terminate on September 30, 2007. 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply project and shall provide the District with a copy of such public education program on or before August 1, 2007. ARTICLE 9 — INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees Agreement No. 4600000596, Page 8 of 11 Agenda Item No. 16C4 February 13, 2007 Page 50 of 76 and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 — RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary or otherwise. ARTICLE I I — GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1 -11 (b) Exhibit "A" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver Agreement No. 4600000596, Page 9 of 11 Agenda Item No. 16C4 February 13, 2007 Page 51 of 76 of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states that all publicity /public awareness media shall be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award shall require prior District approval. 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 11.8 This Agreement is subject to and governed by the provisions applicable to it contained in sections 373.0831 and 373.1961, Florida Statutes (2004), as amended by Chapter No. 2005 -291 (SB 444, Laws of Florida). Agreement No. 4600000596, Page 10 of 11 Agenda Item No. 16C4 February 13, 2007 Page 52 of 76 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD L-In Date: SFWMD Procurement Approved: Frank Hayden, Procurement Director I, 'c,< er Le- c J. ;, Date: SFWMD Office of Counsel Approved: M ATTEST: DWIGHT E. BROCK, Clerk By Deputy Clerk Date Approved as to form and legal sufficiency As istant coilniy Attorney Date: Entity's Legal Name: By Authorized Official: THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Printed Name: ,TAMES COLETTA Title: Date: CILAIRMAN Agreement No. 4600000596, Page 11 of 11 Agenda Item No. 16C4 February 13, 2007 Page 53 of 76 Exhibit "A" Statement of Work Collier County Public Utilities Northeast Water Treatment Plant - Phase 1B A. Introduction/Background A hydrogeologic investigation to identify one or more groundwater sources to supply raw water for treatment at the proposed Northeast Regional Water Treatment Plant ( NERWTP) was initiated in December 2004 and completed during June 2005. The investigation included test well construction, aquifer performance testing, water quality sampling, and data analyses. The Lower Tamiami, Hawthorn Zone I and Lower Hawthorn aquifers were evaluated during the investigation. The results of the investigation were generally as expected with good water quality and high yield encountered in the Lower Tamiami Aquifer test wells, good water quality with moderate yield in the Hawthorn Zone I Aquifer, and brackish water quality with moderate to very high yield in the Lower Hawthorn test wells. The water quality in the Hawthorn Zone I Aquifer at the Collier County fairgrounds property just west of the NERWTP site was found to be better than expected. The chloride and total dissolved solids values of samples obtained from a test well tapping the Hawthorn Zone I Aquifer at this location are well below the maximum contaminant levels established within the state and federal drinking water standards. This high quality groundwater can be treated economically and also used for blending purposes with product water from the membrane softening or reverse osmosis treatment trains at the proposed NERWTP. The yield of the Hawthorn Zone I Aquifer test/production well at the fairgrounds site is moderate with a natural artesian flow rate of approximately 200 gallons per minute (gpm). Individual well production rates of 400 -500 gpm may be obtainable from this unit using submersible well pumps. Testing of the Hawthorn Zone I Aquifer was limited to the fairgrounds property and Shady Hollow site approximately 3 miles west of the NERWTP site. As a result of the potential for obtaining very high quality groundwater from this source, additional exploration of the Hawthorn Zone I Aquifer will be conducted in this phase of wellfield testing. Two (2) test/production wells tapping the Lower Hawthorn Aquifer were constructed at the NERWTP site. Both wells yielded brackish water quality suitable for low pressure reverse osmosis treatment. The yield of the wells differs considerably. Test/production well LH -1 constructed near the center of the NERWTP site had a natural artesian flow rate estimated to be approximately 300 gpm whereas well LH -2 in the eastern portion of the NERWTP site reportedly flowed at a rate of approximately 2000 gpm. Highly variable yields in wells tapping the Lower Hawthorn Aquifer has been noted at the wellfields that supply the existing reverse osmosis treatment facilities operated by the County. Additional testing of the Lower Hawthorn Aquifer will be conducted in this phase of wellfield testing to further evaluate well yield and water quality conditions within this unit. Page 1 of 3, Exhibit "A" to Agreement No. 4600000596 Agenda Item No. 16C4 February 13, 2007 Page 54 of 76 B. Objectives The purpose of this project is to utilize brackish from the Hawthorn Zone I and Lower Hawthorn Aquifers. This project will enhance the existing saline supply without tapping additional water from the surficial, fresh water aquifer system, thereby reducing the negative impacts on wetlands while lowering future demand on fresh water sources. C. Scope of Work Construct one (1) Floridan Aquifer Test Well, four (4) Lower Hawthorn Test/Production Wells and four (4) Lower Hawthorn monitoring wells for the NE Collier County Water Treatment Plant Expansion Project. 1. Two (2) Hawthorn Zone I test/production wells with the approximate dimensions of 12- inch diameter, 400 feet of casing and 550 feet total depth. 2. Two (2) Hawthorn Zone I monitor wells with the approximate dimensions of 4 -inch diameter, 400 feet of casing, and 550 feet total depth. 3. Two (2) Lower Hawthorn test/production wells with the approximate dimensions of 12- inch diameter, 700 feet of casing, and 900 feet total depth. 4. Two (2) Lower Hawthorn monitor wells with the approximate dimensions of 4 -inch diameter, 700 feet of casing, and 900 feet total depth. 5. One (1) deep test well with the approximate dimensions of 6 -inch diameter, 600 feet of casing, and 1500 feet total depth. Well may be backplugged to 850 feet for use as a Lower Hawthorn monitor well. D. Work Breakdown Structure The work breakdown structure associated with this project is described below: Task 1 - Status Report: The Recipient shall submit to the SFWMD Project Manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: February 1, 2007 Task 2 - Status Report: The Recipient shall submit to the SFWMD Project Manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: April 1, 2007 Task 3 - Status Report: The Recipient shall submit to the SFWMD Project Manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: June 1, 2007 Page 2 of 3, Exhibit "A" to Agreement No. 4600000596 Agenda Item No. 16C4 February 13, 2007 Page 55 of 76 Task 4 — The Recipient shall install 12 -inch, approximately 400' casing Hawthorn Zone I test/production well to approximately 550' total depth. Due Date: August 1, 2007 Task 5 — The Recipient shall install 12 -inch, approximately 400' casing Hawthorn Zone I test/production well to approximately 550' total depth. Due Date: August 1, 2007 Task 6 — The Recipient shall install 12 -inch, approximately 700' casing Lower Hawthorn test/production well to approximately 900' total depth. Due Date: August 1, 2007 Task 7 — The Recipient shall install 12 -inch, approximately 700' casing Lower Hawthorn test/production well to approximately 900' total depth. Due Date: August 1, 2007 Task 8 — The Recipient shall install 6 -inch, approximately 400' casing Hawthorn Zone I monitoring well to approximately 550' total depth. Due Date: August 1, 2007 Task 9 — The Recipient shall install 6 -inch, approximately 400' casing Hawthorn Zone I monitoring well to approximately 550' total depth. Due Date: August 1, 2007 Task 10 — The Recipient shall install 6 -inch, monitoring well to approximately 900' total depth. Due Date: August 1, 2007 Task 11 — The Recipient shall install 6 -inch, monitoring well to approximately 900' total depth. Due Date: August 1, 2007 approximately 700' casing Lower Hawthorn approximately 700' casing Lower Hawthorn Task 12 — The Recipient shall install 6 -inch, approximately 600' casing one (1) deep test well to approximately 1500' total depth. Due Date: August 1, 2007 Task 13 — Final Report: The Recipient shall submit to the SFWMD Project Manager a Final Project Report summarizing all work performed during the course of the project. If the project includes well drilling and testing, deliverables shall include copies of all hydrogeologic data collected in the course of drilling and testing, in the District specified format. An electronic copy of the District specified format is available via email by requesting a copy from the SFWMD Project Manager. Due Date: August 1, 2007 Page 3 of 3, Exhibit "A" to Agreement No. 4600000596 Agenda Item No. 16C4 February 13, 2007 Page 56 of 76 EXHIBIT "B" PAYMENT AND DELIVERABLE SCHEDULE Total payment by the District to Collier County Public Utilities shall not exceed the amount of $326,000.00. Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. The Recipient hereby agrees to provide the District all deliverables, data and information described in the Statement of Work. Invoices for completed deliverables shall be submitted to the District for payment by April 1 and/or August 1, 2007. However, the Recipient is encouraged to arrange for deliverable inspection and invoice as soon as a deliverable has been completed. Reporting requirements are also part of this exhibit. The Recipient shall provide regular project update /status reports by February 1, 2007; April 1, 2007 and June 1, 2007. Reports will provide detail on the progress of the project and outline any potential issues affecting project completion or overall schedule. Status reports may be submitted in any form agreed to by the SFWMD Project Manager and the Recipient, and could include emails, memos, and letters. If the total consideration for this Agreement is subject to multi -year funding allocations, funding for each applicable fiscal year of this Agreement will be subject to Governing Board budgetary ` appropriation. In the event the District does not approve funding for any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Agreement to the contrary. Page 1 of 2, Exhibit `B" to Agreement No. 4600000596 Agenda Item No. 1604 February 13, 2007 Page 57 of 76 Deliverables including well drilling and testing shall include copies of all hydrogeologic data collected in the course of drilling and testing, in the District specified format. An electronic copy of the District specified format is available via email by requesting a copy from the SFWMD Project Manager. 2The deadline for the final invoice submittal is August 1, 2007. However, this invoice may be submitted prior to August 1, 2007 if the deliverables are completed prior to the due date. 'If the project is completed prior to the due date of a Status Report (Tasks 1 -3), then the Status Report shall be replaced by the Final Report and subsequent Status Reports shall not be required. Page 2 of 2, Exhibit `B" to Agreement No. 4600000596 ;. Va M� v A W a - 1 Status Report N/A February 1, 2007 N/A 2 Status Report N/A April 1, 2007 N/A 3 Status Report N/A June 1, 2007 N/A 4 Installation of Hawthorn Zone I test/production well August 1, 2007 N/A $50,000.00 (12 -inch diameter, approximately 400 feet of casing, 550 feet total depth) 5 Hawthorn Zone I test/production well (12 -inch August 1, 2007 N/A $50,000.00 diameter, approximately 400 feet of casing, 550 feet total depth) 6 Lower Hawthorn test/production well (12 -inch August 1, 2007 N/A $50,000.00 diameter, approximately 700 feet of casing, 900 feet total depth) 7 Lower Hawthorn test/production well (12 -inch August 1, 2007 N/A $50,000.00 diameter, approximately 700 feet of casing, 900 feet total depth) 8 Hawthorn Zone I monitor well (6 -inch diameter, August 1, 2007 N/A $25,000.00 approximately 400 feet of casing, 550 feet total depth) 9 Hawthorn Zone I monitor well (6 -inch diameter, August 1, 2007 N/A $25,000.00 approximately 400 feet of casing, 550 feet total depth) 10 Lower Hawthorn monitor well (6 -inch diameter, August 1, 2007 N/A $25,000.00 approximately 700 feet of casing, 900 feet total depth) Lower Hawthorn monitor well (6 -inch diameter, August 1, 2007 N/A $25,000.00 approximately 700 feet of casing, 900 feet total 11 depth) One deep test well (6 -inch diameter, approximately August 1, 2007 N/A $26,000.00 12 600 feet of casing, 1500 feet total depth) 13 Final Project Report N/A August 1, 2007 N/A TOTAL DISTRICT PAYMENT $326,000.00 Deliverables including well drilling and testing shall include copies of all hydrogeologic data collected in the course of drilling and testing, in the District specified format. An electronic copy of the District specified format is available via email by requesting a copy from the SFWMD Project Manager. 2The deadline for the final invoice submittal is August 1, 2007. However, this invoice may be submitted prior to August 1, 2007 if the deliverables are completed prior to the due date. 'If the project is completed prior to the due date of a Status Report (Tasks 1 -3), then the Status Report shall be replaced by the Final Report and subsequent Status Reports shall not be required. Page 2 of 2, Exhibit `B" to Agreement No. 4600000596 EXHIBIT "C" REPORTING FORM Project Summary Final Report — FY 2007 Project Name SFWMD Contract Number Describe Project constructed: Project Manager Project Owner Agenda Item No. 1604 February 13, 2007 Page 58 of 76 Type of Quantity of Water Made Available Alternative Water (MGD) Upon Completion of This Phase Construction Duration Supply Proposed I Actual Start I Finish osed Actual Total Construction Cost — This Phase $ $ ,1 'haOGI District funding this phase Local funds Other funding source From: TOTAL Attach map and photo(s) of project on CD, if available To the best of my knowledge, the above information is correct Project Manager Page 1 of 1, Exhibit "C" to Agreement No. 4600000596 r-- to c) T-- c.0 oN o oC7) z 20- cz 9 L Q m w Z 0 J J 0 W LL O H U) U) z O U F- z W W W U) F- 0 F- z Q D F— z W W 2 F- 0 F- ❑ W Q ❑ z Z) LL 0 0 Ic M R Q ca C Q) a L Co LL U N O Q a) C L M U c Cl) _ cu a) (4 U 0 N o � m O U -0 CU �UoL O CD -0 " U C N o C: C cu E M� 00 0) O O U_ Q. a a) m .r L L C� L 2.0 a) co U -o cp � E� � � -ai U 0 -0 a .CL U c0 j U N C U a) � ' L (D N a 2- O N ~ a) a- o O cu m �Q� E c� m A U Q C v :3 O E 76 a5 O U _0.i-> C L Q L VOi L .0 w- U CO O a ai LL Cl. 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W rn O v w � a�30 o Q � M y d v co Rwa,Z „ a 0 0 0 Ic M R Q ca C Q) a L Co LL U N O Q a) C L M U c Cl) _ cu a) (4 U 0 N o � m O U -0 CU �UoL O CD -0 " U C N o C: C cu E M� 00 0) O O U_ Q. a a) m .r L L C� L 2.0 a) co U -o cp � E� � � -ai U 0 -0 a .CL U c0 j U N C U a) � ' L (D N a 2- O N ~ a) a- o O cu m �Q� E c� m A U Q C v :3 O E 76 a5 O U _0.i-> C L Q L VOi L .0 w- U CO O a ai LL Cl. E 0 0 U- ❑ U ch o, 0 O O O 0 O 0 o � o � Q o c to o N d O ° bb r o :. ;b u un Gl a O o � � 7 � � a" Q H w ox ado v �3 w o cn „ o a s o •n � O Y N a O U � O 01 a� L � O ci Q M cl cl 0 a •V a T s °n d as c w Q 0. W rn O v a�30 o � M 0 0 Ic M R Q ca C Q) a L Co LL U N O Q a) C L M U c Cl) _ cu a) (4 U 0 N o � m O U -0 CU �UoL O CD -0 " U C N o C: C cu E M� 00 0) O O U_ Q. a a) m .r L L C� L 2.0 a) co U -o cp � E� � � -ai U 0 -0 a .CL U c0 j U N C U a) � ' L (D N a 2- O N ~ a) a- o O cu m �Q� E c� m A U Q C v :3 O E 76 a5 O U _0.i-> C L Q L VOi L .0 w- U CO O a ai LL Cl. E 0 0 U- ❑ U ch o, 0 O O O 0 Agenda Item No. 16C4 February 13, 2007 Page 60 of 76 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33,406 • (561) 686 -8800 • FL WATS 1 -800- 432 -2045 • TDD (561) 697 -2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 • www sfwmd.gov December 7, 2006 c° Ms. Sandy Sridhar Collier County Public Utilities C 3301 East Tamiami Trail Bldg. H Naples, FL 34112 A.a Dear Ms. Sridhar: Subject: Contract # 4600000610 FY2007 AWS - Project # LWC -6 Please find enclosed two (2) copies of the subject document. Please have them signed by an individual with signature authority on behalf of your organization. Please include documentation to demonstrate official delegation of signature authority up to the contract monetary limits. Please return both copies to my attention, along with, if applicable and not previously submitted, a Certificate of Insurance reflecting the required coverage(s). Do not date the documents, a fully signed document will be returned to you upon execution by the South Florida Water Management District (District). Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, or if you require any additional information, please contact me. Sincerely, Bernadette Harrison Contract Specialist Procurement Department bharriso @sfwmd.gov (561) 682 -6378 FAX: (561) 681 -6275 Enclosure c: Nestor Garrido- MSC4360 GOVERNING BOARD Kevin McCarty, Chair Alice J. Carlson Lennart E. Lindahl, P.E. Irela M. Bagu@, vice -Chair Michael Collins Harkley R. Thornton Miya Burt- Stewart Nicolas J. Gutierrez, Jr., Esq. Malcolm S. Wade, Jr. .EXEcunvE OFFICE Carol Ann Wehle, Executive Director Ag VV i 1 07 1C 4 i 76 76 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2006 — 2007 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM Recipient: Collier County Public Utilities Recipient's Project Manager: Ms. Sandy Sridhar Address: 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Telephone No: (239) 530 -6278 Fax No: (239) 530 -5378 SFWMD Project Manager: Nestor Garrido Telephone No.: (561) 682 -6908 Fax No.: (561) 681 -6264 Contract Specialist: Bernadette Harrison Telephone No.: (561) 682 -6378 Fax No.: (561) 682 -5587 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416 -4680 Agree>m t l\Tu iber.K74' 000.06-10 u � deran ;n Bold A V ro�atle fiber 24Q6 ..E: L aw �P 7i9a11 *. si Insurance: Not Applicable Federal Employer Identification Number: 59- 6000558 Project Title: FY2007 AWS — Project # LWC -6 Description: Pelican Bay Reclaimed Water Storage and Re -Pump Facility — Phase II Agreement No.4600000610, Page 1 of 11 Agenda Item No. 16C4 February 13, 2007 Page 62 of 76 This Agreement is entered into between "the Parties," the South Florida Water Management District, the "District", and the undersigned party, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 — PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A ", hereinafter referred to as the "Project ", and made a part of this Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work Exhibit B Payment and Deliverable Schedule Exhibit C Reporting Form Exhibit D Federal/State Funding Resources ARTICLE 2 — TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall be the dates noted on the first page of this Agreement. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 — COMPENSATION / CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60 %) of the Project's construction cost, unless a different amount is authorized pursuant to s. 373.1961(3)(e), Florida Statutes. Agreement No.4600000610, Page 2 of 1 I Agenda item No. 16C4 February 13, 2007 Page 63 of 76 3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A ". By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder, including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "A ". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the Project. District funds shall only be used for the construction activities described in Exhibit "A ". 3.4 The Recipient agrees to reimburse the District funds provided through this Agreement for facilities (i.e. test/production wells, etc.) that do not become an operational component of the overall alternative water supply facility within the timeframe established in the proposal. Notwithstanding anything in this Agreement to the contrary, this paragraph shall remain in full force and effect for ten (10) years from the date of contract execution. ARTICLE 4 — FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the final deliverable(s) as described in the "Payment and Deliverable Schedule ", attached hereto as Exhibit `B ". On or before August 1, 2007, the Recipient shall provide a completed Project Summary Final Report, attached hereto as Exhibit "C ". Concurrent with delivery of the final deliverable(s), the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice(s) shall reference the District's Agreement Number and shall be sent to the following address: South Florida Water Management District ATTN: Accounts Payable 3301 Gun Club Road West Palm Beach, FL 33406 The Recipient shall not submit an invoice to any other address at the District. 4.3. Upon completion of the Project, any data that was generated during the performance of the Project shall be submitted to the District upon request. New Well Construction Projects: For projects involving construction of new wells, the Recipient shall: Agreement No.4600000610, Page 3 of 11 Agenda Item No. 1604 February 13, 2007 Page 64 of 76 1. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available. Submissions shall be provided electronically as specified by the District. The data shall be archived in the District's permanent database and available to the public. Please contact Anthony Larenas at (561) 682 -2643, alarenas(c-1Wwmd.gov or Emily Richardson (561) 682 -6824, for instructions on submitting data. 4.4 The Recipient shall provide to the District regular project update /status reports by February 1, 2007; April 1, 2007; and June 1, 2007. Reports shall provide detail on the progress of the Project and outline any potential issues affecting Project completion or overall schedule. Status reports may be submitted in any form agreed to by District project manager and the Recipient, and may include emails, memos, and letters. 4.5 In accordance with Section 373.0361 (7) (b) of the Florida Statutes, the Recipient shall provide an annual status update to the District detailing the progress of the Project. ARTICLE 5 — CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project Manager for attempted resolution or action. The Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the Project Manager and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. 5.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 — TERMINATION / REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E -7, Part II of the Florida Administrative Code, "Material Agreement No.4600000610, Page 4 of 11 Agenda Item No. 16C4 February 13, 2007 Page 65 of 76 Breach" is defined as any substantial, unexcused non - performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E -7, Part II of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and/or equity. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the tennination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non - binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate this Agreement immediately without notice in the event any of the representations contained in the Recipient's project proposal are found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Work. Agreement No.4600000610, Page 5 of I 1 Agenda Item No. 16C4 February 13, 2007 Page 66 of 76 ARTICLE 7 — RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non - financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the expiration date of this Agreement. C. Extended Availability of Records for Legal Disputes. In the event the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute. All such records shall be made readily available to the District. D. Periodic Audits. The District shall perform audits periodically to ensure funding - objectives are being met. 7.2 Whenever the District's contribution includes state or federal appropriated funds, the Recipient shall, in addition to the inspection and audit rights set forth in Article 7.1 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The District shall provide the necessary information to the Recipient as set forth in Exhibit "D." B. The Recipient shall maintain all financial/non- financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement Agreement No.4600000610, Page 6 of 11 Agenda Item No. 16C4 February 13, 2007 Page 67 of 76 (4) Audi t/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year C. Examination of Records: The District or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the Recipient's financial and non- financial records to the extent necessary to monitor the Recipient's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. ARTICLE 8 — STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. The Recipient agrees to comply with the terms and conditions of all permits. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. Agreement No.4600000610, Page 7 of 11 Agenda Item No. 16C4 February 13, 2007 Page 63 of 76 8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been -` placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction of this Project. 8.8 A Recipient who operates a public water supply utility shall, by June 1, 2007 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before August 1, 2007. 8.9 Recipient of funds for a reuse project shall provide a status report by August 1, 2007 addressing the following issues: (1) accounting of reclaimed water usage and method used (meters, etc.); (2) all rates and charges for reclaimed water; (3) the status of implementing public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water; and (4) providing the District with the location of each reuse facility owned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. After construction is completed on the Project, the Recipient shall continuously operate the Project as described in the Project proposal and consistent with the applicable water use permit(s). In the event the Project is not operated in accordance with these requirements, the District may cease funding for this Project and any future — Projects proposed by the Recipient. All other provisions of this contract shall terminate on September 30, 2007. 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply project and shall provide the District with a copy of such public education program on or before August 1, 2007. ARTICLE 9 — INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees Agreement No.4600000610, Page 8 of 11 Agenda Item No. 1604 February 13, 2007 Page 69 of 76 and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 — RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary or otherwise. ARTICLE 11 — GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1 -11 (b) Exhibit "A" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver Agreement No.4600000610, Page 9 of 11 Agenda Item No. 16C4 February 13, 2007 Page 70 of 76 of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states that all publicity /public awareness media shall be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award shall require prior District approval. 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or - negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 11.8 This Agreement is subject to and governed by the provisions applicable to it contained in sections 373.0831 and 373.1961, Florida Statutes (2004), as amended by Chapter No. 2005 -291 (SB 444, Laws of Florida). Agreement No.4600000610, Page 10 of 11 Agenda Item No. 16C4 February 13, 2007 Page 71 of 76 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SFWMD Procurement Approved: SFWMD Office of Counsel Approved: ATTEST: DWIGHT E. BROCK, Clerk By Date Approved as to form and legal sufficiency T, Imo_ Assis nt County Attorney SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD Frank Hayden, Procurement Director Date: Date: Date: THE BOARD OF COUNTY COMMISSIONERS OF Entity's Legal Name: COLLIER COUNTY, FLORIDA By Authorized Official: Printed Name: JAMES COLETTA Title: CHAIRMAN Date: Agreement No.4600000610, Page 11 of 11 Agenda Item No. 16C4 February 13, 2007 Page 72 of 76 Exhibit "A" Statement of Work Collier County Public Utilities Pelican Bay Reclaimed Water Storage and Re -Pump Facility - Phase II A. Introduction/Background Since the North Regional Water Reclamation Facility ( NRWRF) was expanded in November 2001, the Pelican Bay facility has functioned as a storage and pumping node on the County's reuse distribution system. Based on current and planned NRWRF capacity, there is no projected need for Pelican Bay WWTP to provide wastewater treatment. The Pelican Bay WWTP was used until the Year 2001 to supplement treatment capacity of the ( NRWRF) during peak seasons. B. Objectives Collier County's intent is to decommission the Pelican Bay WWTP and convert a portion of its facilities to expand the onsite reclaimed water storage and pumping facilities. The facility has an existing 1 million gallon oxidation ditch that the County plans on removing the internal apparatus, covering the tank, and using for reclaimed water storage. There is also a 1.7 million gallon lagoon that the County plans on re- lining and using for reclaimed water storage. The facility also has an existing 2.5- million - gallon reclaimed water storage tank and reclaimed water pump station, making it an ideal site for storage and pumping facility. C. Scope of Work This project consists of removing the internal apparatus from existing 1 million gallon oxidation ditch, preparing the oxidation tank for reclaimed water storage, Re- lining the existing lagoon to use for reclaimed water storage, and providing additional appurtenances and rehabilitation to use the facility as storage and reuse pumping station. D. Work Breakdown Structure The work breakdown structure associated with this project is described below: Task 1 - Status Report: The Recipient shall submit to the SFWMD Project Manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: February 1, 2007 Task 2 - Status Report: The Recipient shall submit to the SFWMD Project Manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: April 1, 2007 Page 1 of 2, Exhibit "A' to Agreement No. 4600000610 Agenda item No. 1604 February 13, 2607 Page 73 of 76 Task 3 - Status Report: The Recipient shall submit to the SFWMD Project Manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: June 1, 2007 Task 4 — The Recipient shall remove internal equipment and piping from the existing 1 million gallon oxidation ditch to convert this tank to Reclaimed Water Ground Storage Tank No. 4. Due Date: August 1, 2007 Task 5 — The Recipient shall demolish the filter, chlorine contact basin and digester tanks and related equipment. Due Date: August 1, 2007 Task 6 — The Recipient shall install piping, motorized valves and level instruments to connect converted Reclaimed Water Ground Storage Tank No. 4 to the existing Pelican Bay reclaimed water storage and pumping system. Due Date: August 1, 2007 Task 7 — The Recipient shall complete the site restoration. Due Date: August 1, 2007 Task 8 — Final Report: The Recipient shall submit to the SFWMD Project Manager a Final Project Report summarizing all work performed during the course of the project. If the project includes well drilling and testing, deliverables shall include copies of all hydrogeologic data collected in the course of drilling and testing, in the District specified format. An electronic copy of the District specified format is available via email by requesting a copy from the SFWMD Project Manager. Due Date: August 1, 2007 Page 2 of 2, Exhibit "A" to Agreement No. 4600000610 Agenda Item No. 1604 February 13, 2007 Page 74 of 76 EXHIBIT "B" PAYMENT AND DELIVERABLE SCHEDULE Total payment by the District to Collier County Public Utilities shall not exceed the amount of $224,000. Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. The Recipient hereby agrees to provide the District all deliverables, data and information described in the Statement of Work. Invoices for completed deliverables shall be submitted to the District for payment by April 1 and/or August 1, 2007. However, the Recipient is encouraged to arrange for deliverable inspection and invoice as soon as a deliverable has been completed. Reporting requirements are also part of this exhibit. The Recipient shall provide regular project update /status reports by February 1, 2007; April 1, 2007 and June 1, 2007. Reports will provide detail on the progress of the project and outline any potential issues affecting project completion or overall schedule. Status reports may be submitted in any form agreed to by the SFWMD Project Manager and the Recipient, and could include emails, memos, and letters. If the total consideration for this Agreement is subject to multi -year funding allocations, funding for each applicable fiscal year of this Agreement will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding for any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Agreement to the contrary. ' The deadline for the final invoice submittal is August 1, 2007. However, this invoice may be submitted prior to August 1, 2007 if the deliverables are completed prior to the due date. Z If the project is completed prior to the due date of a Status Report (Tasks 1 -3), then the Status Report shall be replaced by the Final Report and subsequent Status Reports shall not be required. Page I of 1, Exhibit `B" to Agreement No. 4600000610 EXHIBIT "C" REPORTING FORM Project Summary Final Report — FY 2007 Project Name SFWMD Contract Number Describe Project constructed: Project Manager Project Owner Agenda Item No. 16C4 February 13, 2007 Page 75 of 76 Cast for this -Phase Proposed Actual Total Construction Cost — This Phase $ $ Funding for this Phase . District funding this phase $ 1 $ Local funds $ $ Other funding source From: $ TOTAL Attach map and photo(s) of project on CD, if available To the best of my knowledge, the above information is correct Project Manager Page 1 of 1, Exhibit "C" to Agreement No. 4600000610 Type of Alternative Water Quantity of Water Made Available (MGD) Upon Completion of This Phase Construction Duration Supply Proposed Actual Start Finish Cast for this -Phase Proposed Actual Total Construction Cost — This Phase $ $ Funding for this Phase . District funding this phase $ 1 $ Local funds $ $ Other funding source From: $ TOTAL Attach map and photo(s) of project on CD, if available To the best of my knowledge, the above information is correct Project Manager Page 1 of 1, Exhibit "C" to Agreement No. 4600000610 r-• c.0 Vor- �° o ca � v Q ry co X W Z 0 J J 0 W 1 F-' U- 0 CO co Z O H Z W W W C� V) H 0 F— Z D D Z LU LU H O W LJ Z D LL O 0 s Q R 0 h � U � O C L Cc L ? O 4- cn 0 4 0) 0 co �+ co 'U C � C U � _0 LL :3 C (D .0 Co 4) N co .L2 U 0-0 cn O O C cn (n m () �.. 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G� y o Cd ¢U d o O � C/J n � � o N ¢ O on N � O � u w � a O y ci u a U 30 ate+ n ~ o � � rn L d � 0 U .� a aj M z L � Q M o °J Vii, O a a, C 61 'v as a T w lu d o � lu c w Q L a a+ co N OL M n M O 0 s Q R 0 h � U � O C L Cc L ? O 4- cn 0 4 0) 0 co �+ co 'U C � C U � _0 LL :3 C (D .0 Co 4) N co .L2 U 0-0 cn O O C cn (n m () �.. U cc: Uo� Ecaa)O (D -0 U .0 a) O LL 'O y C C CY) L co O O _U a) m -C 3 E O •- o � a,a _ U O CO s � U N CD N a) B' a) L O ^� E m < fo A a) Cl Q U c :3 a) �Y O E n cm (D ow�� 0—,.- L) O v O LL O E 0 O O LL 0 V w Agenda Item No. 1605 February 13, 2007 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to authorize sole source purchase and certified installation of replacement Parts, for the Oxidation Ditches and Clarifiers, in the estimated annual amount of $500,000. OBJECTIVE: That the Board of County Commissioners, Ex- Officio, the Governing Board of the Collier County Water -Sewer District, waive the competitive process and authorize the sole source purchase of replacement parts for the Oxidation Ditches and Clarifiers, warranty related repair parts, and any other parts or materials not available through an after market source for the Oxidation Ditches and Clarifiers. CONSIDERATIONS: Siemens Water Technologies, having merged with Envirex, is the sole - source provider in South West Florida for Oxidation Ditch and Clarifier parts for most of the Oxidation Ditch and Clarifiers installed at our Wastewater Reclamation Facilities. The Wastewater Reclamation Facilities have 3 Oxidation Ditches and 11 Clarifiers which were manufactured by Envirex. Most of this equipment is no longer being manufactured and is very critical to the operation of the Water Reclamation Plants. The parts and services required for the Oxidation Ditches and Clarifiers can only be provided by Siemens Water Technology. FISCAL IMPACT: Total expenditures are estimated at $500,000 in the upcoming Fiscal Year, and will be funded from the Collier County Water /Sewer Fund 408. As the Envirex Ditches and Clarifiers age, the volume of pumps, parts and materials to be purchased will vary greatly from year to year depending on the actual repair /replacement needs. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners, Ex- Officio, the Governing Board of the Collier County Water -Sewer District, declare that Envirex Oxidation Ditches and Clarifier parts, warranty parts and any other parts and materials not available through an after market source be considered a sole source purchase, waive the competitive process and authorize staff to purchase the necessary parts, materials and service from Siemens Water Technology. PREPARED BY: Ron Molly, Wastewater Operations Manager 1 aaj- ; / cal 1 Agenda Item No, 16C5 February 13, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C5 Item Summary: Recommendation to authorize sole source purchase and certified installation of replacement parts for the Oxidation Ditched and Clarifiers to Siemens Water Technologies, in the estimated annual amount of $500,000. Meeting Date: 2/13/200' 9'.00:00 AM Prepared By Ron Molly Operations Manager Date Public Utilities Wastewater 1124/2007 4:22:55 PM Approved By G. George Yilri Wastewater Director Date Public Utilities Wastewater 1124/2007 6:06 PM Approved By Jon Pratt Treatment Plant Superintendent Date Public Utilities Wastewater 1125/2007 1:25 PM Approved By Jack P. Curran Purchasing Agent Date Administrative Services Purchasing 1!2512007 1:52 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 1/2512007 1:54 PM Approved By Steve Carvell Purchasing /Generat Svcs Director Date Administrative Services Purchasing 112512007 4:02 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 1126/2007 1:54 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 112912007 9:30 AM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management & Budget 1130/2007 7:46 AM Approved By Randy Greenwald ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 1130/2007 1:28 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 211!2007 12:36 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 2/1/2007 7:19 PM Commissioners — 41rdvuo Lv:zu rP1A Gg,X 6�:l 8249 t'$ FILTER IrNV SIEMENS September 27, 2006 Collier County Lilility'Division North County Water Reclamation Falc. 10500 Goodlette Road Naples, I L 34104) Attn: Mr. Vaughn Williams Phone: 239 - 530 -6213 Fax: 239 - 53064.57 To Whom It May Concern: Agenda Item No. 16C5 Februal-010S,22007 Page 3 of 3 SIEMENS WATER TECHNOLOGIES (Formerly US FILTER ENVIRES PRODUCTS) Ficid Service Department is the Solo Source and only Authorized Personnel that am allowed to Inspect, Repair and Replace any New Equipment or Replacement Parts that were originally supplied by SIEMENS WATER TECHNOLGIE.S _ This Depal-tment and their Techniciaus arc Factory Trained to troubleshoot an} problems that may arise and a_mist in the repair to correct these problems so that the equipment may operate in a smooth function. Any other personnel other than SIE1VMNS, WATER TECNOLOGIES that are allowed to perform any type of repair will void any Warranty upon the purchase of replacement parts. If you should have any questions regarding this matter, please reel rTee to contact me at 262-521-822' 1 or by fax Lit 262 -521 -8249. Regards, Richard A. Pausch Area Account MarnageT Aftenmarket Stiles slemens Watw Teehnalagsos Corp. P.O. BOX 1604 Tel; C2G2) $47 -0141 1901 S. PRAIRIE AVENUE rAx: (202) 547.412D U"+AUKE5F4A. WI 5310 Agenda Item No. 16C6 February 13, 2007 Page 1 of 26 Executive Summary Recommendation to approve, and authorize the Chairman of the Board of County Commissioners to sign, letters to the City of Naples, the City of Marco Island and the City of Everglades City requesting them to adopt the mandatory Non - Residential Recycling Ordinance No. 2004 -50 or similar ordinance. OBJECTIVE: To receive Board approval, and authorization for the Chairman to sign, letters to the City of Naples, the City of Marco Island and the City of Everglades City requesting them to adopt the mandatory Non - Residential Recycling Ordinance No. 2004 -50 or similar ordinance in order to establish county -wide, mandatory business and institution recycling to include the incorporated areas of the City of Naples, the City of Marco Island, and the City of Everglades City. CONSIDERATION: The Collier County Landfill (Landfill) is a limited resource. The Collier County Solid Waste Management Department has implemented several recycling and diversion initiatives to extend the life of the Landfill. One of the most important initiatives was the adoption of the Non - Residential Recycling Ordinance No. 2004 -50, which requires businesses and institutions in the unincorporated areas of Collier County to recycle. Meeting the above objective of establishing a county -wide Non - Residential Recycling Ordinance including the incorporated areas is crucial to preserve valuable landfill airspace to extend the useful life of the Collier County Landfill as well as to conserve natural resources. Commercial establishments in Collier County generate greater than 170,000 tons of Municipal Solid Waste (MSW) annually that is landfilled. This amounts to greater than 60% of the total MSW that is buried in the Collier County Landfill annually. Additionally, at this time, the County is driven by the need to preserve the valuable landfill airspace by developing and implementing the Source Reduction, Materials Reuse, and Recycling component of the Integrated Solid Waste Management Strategy approved by Board action on December 5, 2006. One of the short term goals of this component is to "Enhance commercial recycling education and enforcement," of which establishing County -wide, mandatory business recycling is a critical objective. It is also important to note that achieving the goal of county -wide mandatory business recycling is essential to maintaining the competitive rates of the Collier County Landfill user fees. FISCAL IMPACT: Further implementation of the Non - Residential Recycling Ordinance No. 2004 -50 will preserve disposal capacity at the Collier County Landfill and preserve the competitive rates of the Landfill user fees. GROWTH MANAGEMENT IMPACT: There will be no direct impact on Growth Management except that further implementation of the Non - Residential Recycling Ordinance No. 2004 -50 will delay the timeframe for the need of an additional landfill as existing disposal ,.- capacity is depleted. Agenda Item No. 16C6 February 13, 2007 Page 2 of 26 RECOMMENDATION: That the Board approve, and authorize the Chairman of the Board of County Commissioners to sign, letters to the City of Naples, the City of Marco Island and the City of Everglades City requesting them to adopt the mandatory Non - Residential Recycling Ordinance No. 2004 -50 or similar ordinance. Prepared By: Judith A. Nothdurft, Waste Reduction & Recycling Manager, Solid Waste Management Department Agenda Item No. 16C6 February 13, 2007 Page 3 of 26 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C6 Item Summary: Recommendation to approve, and authorize the Chairman of the Board of County Commissioners to sign, letters to the City of Naples.. the City of Marco Island and the City of Everglades City requesting them to adopt the mandatory Non - Residential Recycling Ordinance No. 2004 -50 or similar ordinance. Meeting Date: 2113/2007 9.00:00.AM Prepared By Judith Nothdurft Waste Reduction & Recycling Manager Date Public Utilities Solid Waste 11231200711:20:52 AM Approved By Margie Hapke Public Information Coordinator Date Public Utilities Public Utilities Administration 1/25/2007 3:47 PM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 1/25/2007 4:11 PM Approved By Daniel R. Rodriguez. M.B.A. Solid Waste Director Date Public Utilities Solid Waste 1126/2007 9:12 AM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 1/26/2007 12:41 PM Approved By Peter Lund Operations Analyst Date Public Utilities Public Utilities Operations 112612007 2:12 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 1/26/2007 3:26 PM Approved By Joseph Bellone Operations Supervisor Date Public Utilities Public Utilities Operations 112612007 4:52 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 1/2912007 2:24 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 1/3012007 9:29 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/31/2007 7:53 AM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1131/2007 9:21 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 2/112007 8:29 AM Approved By James V. Mudd County Manager Date Board of County ....._.. Commissioners County Manager's Office 21112007 5:18 PM Agenda Item No. 16C6 February 13. 2007 Page 4 of 26 ORDINANCE NO. 2004 - 50 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ESTABLISHING A RECYCLING PROGRAM FOR NON - RESIDENTIAL PROPERTY IN THE UNINCORPORATED AREAS OF COLLIER COUNTY; PROVIDING -- FOR INTENT AND PURPOSE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR CONSTRUCTION AND INTERPRETATION; PROVIDING DEFINITIONS; PROVIDING FOR THE DESIGNATION OF RECYCLABLE MATERIALS; PROVIDING MINIMUM STANDARDS FOR RECYCLING ON NON- RESIDENTIAL PROPERTY; PROVIDING EXEMPTIONS FROM RECYCLING STANDARDS; PROVIDING FOR VOLUNTARY RECYCLING ON NON - RESIDENTIAL PROPERTY; PROVIDING FOR AN AWARDS PROGRAM FOR RECYCLING ON NON - RESIDENTIAL PROPERTY; PROVIDING FOR A RECYCLING EDUCATION AND PROMOTION PROGRAM; PROVIDING FOR EVALUATIONS OF THE NON - RESIDENTIAL RECYCLING PROGRAM; PROVIDING FOR RECYCLING SERVICE AGREEMENTS; PROVIDING STANDARDS FOR RECYCLING CONTRACTORS; PROVIDING FOR SELF - HAULING; PROVIDING FOR COUNTY RECYCLING CENTERS; PROVIDING FOR VARIANCES; PROVIDING FOR INSPECTION'S, ENFORCEMENT, AND PENALTIES; PROVIDING FOR APPEALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR INCLUSION IN THE COUNTY'S CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 403.706(21), Florida Statutes, authorizes local governments to enact ordinances that require the separation and collection of Recyclable Materials; and WHEREAS, the Board of County Commissioners wishes to increase Recycling in Collier County because Recycling will save energy and natural resources, provide useful products, and prove economically beneficial; and WHEREAS, the Board also wishes to increase Recycling in Collier County because Recycling will help ensure that the valuable and limited capacity of the County's Naples Landfill is conserved; and WHEREAS, the Board finds it is necessary for the protection of the public health, safety and welfare of the residents of Collier County to require the Recycling of Recyclable Materials generated on Non - Residential Property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as follows: SECTION ONE: Intent and Purpose. It is the intent and purpose of this Ordinance to promote Recycling by: (a) requiring businesses and institutions in unincorporated Collier County to segregate and recycle as many Agenda Item No. 1606 February 13, 2007 Page 5 of 26 designated Recyclable Materials as practicable; (b) establishing educational programs concerning Recycling; (c) providing incentives and awards programs that will make Recycling more attractive to the businesses and institutions in unincorporated Collier County; (d) limiting the regulatory impact of this Ordinance on business; and (e) eliminating potential conflicts between the requirements of this Ordinance and the requirements of the County's Land Development Code. By utilizing a balanced combination of incentives and regulations, the Board intends to accomplish its Recycling goals while minimizing the regulatory requirements in this Ordinance. The Board also intends to provide sufficient time for the businesses and institutions in Collier County to comply with the County's new programs. SECTION TWO: Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Non - Residential Recycling Ordinance ". SECTION THREE: Applicability. This Ordinance shall be applicable only within the unincorporated areas of Collier County. SECTION FOUR: Construction and Interpretation. This Ordinance shall be liberally construed in order to effectively carry out the intent and purpose of the Ordinance. Where any provision of this Ordinance refers to or incorporates another provision, statute, rule, regulation or other authority, this Ordinance refers to the most current version, including and incorporating any amendments thereto or renumbering thereof. SECTION FIVE: Definitions. For the purposes of this Ordinance, the definitions contained in this Section 5 shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely discretionary. Pursuant to Section 403.7031, Florida Statutes, all definitions in this Section 5 shall be construed in a manner that is consistent with the definitions contained in Section 403.703, Florida Statutes. In the case of any apparent conflict or inconsistency with the definitions contained in Section 403.703, Florida Statutes, the statutory definition shall apply. 2 Agenda Item No. 16C6 February 13, 2007 A. Board means the Board of County Commissioners of Collier County, Florida. Page 6 of 26 B. Certificate of Operation means the license that a Contractor must obtain from the County before it can Collect Recyclable Materials in the County. C. Code Enforcement Board means the entity that is responsible for enforcing the County's ordinances pursuant to Chapter 2, Division 11, of the Code of Laws and Ordinances of Collier County, Florida. D. Collect means to gather or pick up Recyclable Materials for transport and delivery to a Recycling Facility. E. Contractor means a Person who Collects or transports Recyclable Materials from Non - Residential Property for profit. F. County means Collier County, Florida. G. County Manager means the County Manager of Collier County or the County Manager's designee. H. Customer means an Owner or Generator that enters into a Service Agreement with a Contractor for Recycling services. L De Minimis Amount means the amount of Solid Waste which lawfully may be included in separated Recyclable Materials. A De Minimis Amount of Solid Waste is 10 percent, by volume or weight, whichever is more restrictive, as determined by a measurement or a visual inspection by the County Manager. J. Dwelling means any building, or part thereof, intended, designed, used, or occupied in whole or in part as the residence or living quarters of one or more persons, permanently or transiently, with cooking and sanitary facilities. Such term shall not mean a room in a motel or hotel. K. Garbage means all kitchen and table food waste, and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials. L. Generator means each business, not - for - profit organization and institution (i.e., all Persons except individuals) that generates one or more Recyclable Materials as a result of its activities on Non - Residential Property. M. Materials Recovery Facility means a Solid Waste management facility that provides for the extraction from Solid Waste of Recyclable Materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials. 3 Agenda Item No. 16C6 February 13, 2007 Page 7 of 26 N. Multi - Family Residence means a group of three or more dwelling units within a single conventional building, attached side by side, or one above another, and wherein each dwelling unit may be individually owned or leased initially on land which is under common or single ownership. O. Non - Residential Propert y means real property that is located in an unincorporated area of Collier County and used primarily for: (1) commerce, including but not limited to offices, stores, Restaurants, motels, hotels, recreational vehicle parks, theaters, and service stations; (2) not - for -profit organizations; and (3) institutional uses, including but not limited to governmental facilities, churches, hospitals and schools. The term Non - Residential Property shall not include any Residential Units or undeveloped land. P. Ordinance means this County Ordinance No. 2004 -_. Q. Organic Waste means Garbage and other similar putrescible Solid Waste, including source separated food waste and food - soiled paper. Organic Waste does not include yard trash. R. Owner means a Person who owns Non - Residential Property. An Owner also may be a Generator. S. Person means any and all persons, natural or artificial, including any individual, firm, partnership, joint venture, public or private corporation, or other association, or any combination thereof, however organized; any county; and any local, state or federal governmental agency. T. Primary Recyclable Material means a Recyclable Material that a Person generates on Non - Residential Property in amounts greater than 96 gallons per month. U. Recovered Materials means metal, paper, glass, plastic, textile, or rubber materials that have known Recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the Solid Waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered Materials as described above are not Solid Waste. V. Recovered Materials Processing Facility means a facility engaged solely in the storage, processing, resale, or reuse of Recovered Materials. W. Recyclable Materials means those materials that are capable of being Recycled, which would otherwise be processed as Solid Waste, and are designated by the Board pursuant to Section 6 of this Ordinance. 4 Agenda Item No. 16C6 February 13, 2007 X. Recvclable Materials Container means any box, tub, or other container that is Page 8 of 26 made of metal, hard plastic or other similar material and is suitable for the collection of Recyclable Materials. Y. Recvcling means any process by which Solid Waste, or materials which would otherwise become Solid Waste, are collected, separated, processed and reused or returned to use in the form of raw materials or products. Z. Recvcling Facility means any facility that recycles Recyclable Materials, including but not limited to buy back centers, drop -off centers (both permanent and mobile), designated County Recycling centers, Materials Recovery Facilities and Recovered Materials Processing Facilities. AA. Residential Unit means a single - family residence, duplex residence and a Multi- Family Residence. BB. Restaurant means any bar, tavern or other eating or drinking establishment where food or beverages are prepared, served, or sold for profit, either for immediate consumption on or in the vicinity of the premises, or called for or taken out by customers, or prepared prior to being delivered to another location for consumption. CC. Self - Hauling Certificate means a written certification by an Owner or Generator confirming that the Owner or Generator is collecting and transporting Recyclable Materials to a Recycling Facility. DD. Service Agreement means a written agreement between a Contractor and an Owner or Generator concerning the collection of Recyclable Materials. EE. Solid Waste means sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or Garbage, rubbish, refuse, special waste, or other discarded materials, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. FF. Substantial Hardship means a demonstrated economic, technological, legal, or other type of hardship. SECTION SIX: Designation of Recvclable Materials. For the purposes of this Ordinance, Recyclable Materials means paper, cardboard, glass, plastic (Nos. 1 through 7), aluminum, and ferrous metal. The Board may designate other materials (e.g., Organic Waste) as Recyclable Materials if the Board determines that a market 5 Agenda Item No. 16C6 February 13, 2007 exists for such materials and a cost - effective system is in place for Recycling such materials. Page 9 of 26 Materials shall be deleted from this list of Recyclable Materials if the Board determines that a market no longer exists or a cost - effective system is no longer in place for Recycling such materials. SECTION SEVEN: Minimum Standards for Recycline on Non - Residential Property A. Each Owner shall: (1) provide Recyclable Materials Containers on the Owner's Non - Residential Property so the Generators located on the Owner's Non - Residential Property may recycle all of the Recyclable Materials that the Generators have designated pursuant to Subsection 7.B., below; and (2) Collect the materials placed in the Recyclable Materials Containers and transport those materials to a Recycling Facility. B. Each Generator shall diligently attempt to recycle all of the Primary Recyclable Materials that it produces. At least once each year, each Generator shall: (1) consider the list of Recyclable Materials designated by the County pursuant to Section 6 of this Ordinance; (2) consider the types of Recyclable Materials generated by its activities on Non - Residential Property; (3) identify the Primary Recyclable Materials that the Generator produces; and (4) identify (i.e., designate) the Primary Recyclable Materials that the Generator will recycle. Thereafter, each Generator shall separate the designated Primary Recyclable Materials from the Generator's Solid Waste, and the Generator shall place the designated Primary Recyclable Materials in Recyclable Materials Containers for collection. C. If a Generator's activities do not produce any Primary Recyclable Materials, the Generator shall designate and recycle one or more Recyclable Materials in the manner described in Subsection 7.13, above, unless the Generator is exempt pursuant to Subsection 8.A, below. D. Each Generator shall coordinate with the Owner of the Non - Residential Property where the Generator's activities occur, and each Owner shall coordinate with the Generators on its Non - Residential Property, to ensure that the Generator's Recyclable Materials are taken to a Recycling Facility. E. No Person shall dispose of Recyclable Materials that have been separated from Solid Waste pursuant to the provisions of Subsections 7.13 or 7.C, above. F. No Person shall place Solid Waste in a Recyclable Materials Container. G. No Person shall cause litter or a nuisance. Each Person shall take all necessary steps to ensure that their own Recycling activities do not cause litter or a nuisance. Each Person shall immediately pick up any litter and eliminate any nuisance caused by their own activities. 6 Agenda Item No. 16C6 February 13, 2007 Page 10 of 26 H. Each Owner shall, upon request, provide the County Manager with a copy of a Service Agreement, Self- Hauling Certificate, or other document (e.g., receipt from a Recycling Facility) demonstrating that the Primary Recyclable Materials generated on the Owner's Non - Residential Property are being taken to a Recycling Facility. The Service Agreement, Self - Hauling Certificate, or other document shall be available for inspection by the County Manager at the Owner's Non - Residential Property during normal business hours. The Owner also shall mail or deliver these documents to any Generator located on the Owner's Non - Residential Property, within fourteen (14) days, if the Generator requests the documents. I. Each Generator shall, upon request, provide the County Manager with a copy of a Service Agreement, Self - Hauling Certificate, or other document (e.g., receipt from a Recycling Facility) demonstrating that the Generator's Primary Recyclable Materials are being taken to a Recycling Facility. The Service Agreement, Self - Hauling Certificate, or other document shall be available for inspection by the County Manager at the Generator's Non - Residential Property during the Generators normal business hours. J. An Owner may satisfy its obligations under this Ordinance by performing the required activities itself or by using the services of a Contractor or other Person who complies with the requirements of this Ordinance. However, notwithstanding anything else contained herein, the Owner shall be responsible for ensuring and demonstrating its compliance with the requirements of this Ordinance. K A Generator may satisfy its obligations under this Ordinance by performing the required activities itself or by using the services of a Contractor or other Person who complies with the requirements of this Ordinance. However, notwithstanding anything else contained herein, each Generator shall be responsible for ensuring and demonstrating its compliance with the requirements of this Ordinance. SECTION EIGHT: Exemptions from Recvcline Standards. A. Notwithstanding any other provision herein, a Generator shall be exempt from the requirements in Section 7 of this Ordinance if the Generator uses no more than one container for the disposal of its Solid Waste, the container's capacity is no greater than ninety -six (96) gallons, and the contents of the container are collected no more than two (2) times per week. B. Notwithstanding any other provision herein, a Generator shall not be required to recycle a Recyclable Material if the Generator demonstrates to the County Manager that there is no collection service or other cost - effective system available for Recycling such material. 7 Agenda Item No. 16C6 February 13, 2007 Page 11 of 26 C. Notwithstanding any other provision herein, an Owner shall be exempt from the requirements in Section 7 of this Ordinance if. (1) all of the Generators on the Owner's Non- Residential Property are exempt from or not required to comply with the provisions of Section 7; or (2) Primary Recyclable Materials are not being generated by any activities occurring on the Owner's Non - Residential Property. SECTION NINE: Extraordinary and Innovative Recycling. A. All Owners and Generators, including those who are exempt from some or all of the requirements in this Ordinance, are encouraged to recycle all of their Recyclable Materials, especially aluminum cans, paper, and cardboard. B. Owners and Generators are encouraged to work with the County to develop new and innovative methods to recycle other Recyclable Materials, such as Organic Waste. C. All municipalities in Collier County are encouraged to adopt and implement Recycling programs for the businesses and institutions located in the incorporated areas of the County. If requested, the County Manager shall provide advice and technical assistance with the development of the Recycling programs for these municipalities. SECTION TEN: Awards Program for Recycling on Non - Residential Property. The County Manager is hereby authorized to establish and implement an awards program to recognize Owners and Generators in the County who implement exceptional or innovative Recycling programs for Non - Residential Property. SECTION ELEVEN: Recycling Education and Promotion Program. The County Manager is hereby authorized to establish and implement a Recycling education and promotion program for Owners and Generators in the County. The education and promotion program may include, but is not limited to, public workshops, public service announcements, multi -media advertising, and direct mailings concerning the methods and benefits of Recycling on Non - Residential Property. SECTION TWELVE: Evaluation of Non - Residential Recycling Program. As needed, the County Manager shall provide a report to the Board concerning the County's Recycling program for Non - Residential Property. The report shall address the effectiveness of the County's Recycling program for Non - Residential Property, the general costs and benefits associated with this program, and any changes that should be implemented to 8 Agenda Item No. 16C6 February 13, 2007 improve the effectiveness of the program. Page 12 of 26 SECTION THIRTEEN: Recvclin2 Service Agreements. A Contractor shall provide a written Service Agreement to a Customer before the Contractor begins to collect that Customer's Recyclable Materials. The Service Agreement shall describe the services to be provided by the Contractor, the fees to be paid by the Customer, and the other terms of the parties' agreement. SECTION FOURTEEN: Standards for Recvcline Contractors. A. No Person may Collect or transport Recyclable Materials in the County for profit unless such Person has obtained a Certificate of Operation from the County. However, a certified Recovered Materials dealer, as defined in Section 403.7046, Florida Statutes, is not required to obtain a Certificate of Operation before engaging in business in the County. B. A not - for -profit Person is not required to obtain a Certificate of Operation before collecting or transporting Recyclable Materials in the County. C. Any Person may file an application with the County Manager for a Certificate of Operation. The application shall be submitted on a form prepared by the County Manager. The applicant shall provide the information and documentation that is requested by the County Manager, including but not limited to the following: 1. The name, address and telephone number of the applicant; 2. A description of the vehicles that the applicant will use to Collect Recyclable Materials, including the make, model, and serial number of each vehicle; and 3. Certificates of insurance demonstrating that the applicant has the following minimum insurance coverage: commercial general liability insurance of at least $1,000,000; business automobile liability insurance of at least $1,000,000; workers' compensation insurance of at least the statutory limits, unless otherwise provided by state law; and umbrella liability insurance of at least $2,000,000. The certificates of insurance shall state that the County will receive at least 30 days' written notice before cancellation or reduction of coverage. The certificates of insurance shall indicate that the Board is a named insured in all of the insurance policies required by this Ordinance, with the exception of workers compensation. 4. A written statement certifying that the applicant has reviewed and will comply with all of the requirements in the Certificate of Operation and this Ordinance. 9 Agenda Item No. 1606 February 13, 2007 D. If the County Manager determines that the applicant complies with the terms of Page 13 of 26 �. this Ordinance and all applicable laws, the County Manager shall grant a Certificate of Operation. The County Manager shall deny an application for a Certificate of Operation if the County Manager determines that the applicant does not comply with the terms of this Ordinance or other applicable law. The County Manager may revoke a Certificate of Operation if the County Manager determines, after providing notice and an opportunity for a hearing, that a Contractor has violated the provisions in a Certificate of Operation or any applicable law. E. The County Manager shall approve a standard form that will be used as the County's Certificate of Operation. The Certificate of Operation shall contain the conditions and limitations that are deemed appropriate by the Board. The Certificate of Operation shall remain in effect for a period of one (1) year, unless the Board approves a longer duration by resolution. F. A Contractor shall provide each of its Customers with Recyclable Materials Containers that are sufficient to accommodate the quantity and types of Recyclable Materials that will be recycled by the Customer. G. A Contractor shall conduct all of its activities in accordance with all applicable laws and best management practices. A Contractor's vehicles, equipment and containers shall be kept in a clean and well- maintained condition. H. A Contractor shall not take a Customer's Recyclable Materials to a landfill or other site for disposal, unless the Contractor has received a variance pursuant to Section 16 of this Ordinance. 1. Unless exempt from this requirement pursuant to Chapter 62 -722, Florida Administrative Code, a Contractor shall provide quarterly reports to the County identifying, at a minimum, the types and amounts of Recyclable Material it collected, and each Recycling Facility to which the Recyclable Material was taken. The County Manager may require the Contractor to provide such other information as the County Manager reasonably determines is necessary, provided such request is consistent with the provisions of Chapter 62 -722, Florida Administrative Code. SECTION FIFTEEN: Self- Hauline A. If an Owner Collects the Recyclable Materials generated on its Non- Residential Property and transports those materials to a Recycling Facility, without using a Contractor, the Owner shall, upon request, prepare a Self- Hauling Certificate for the County Manager. 10 Agenda item No. 16C6 February 13; 2007 B. If a Generator Collects and transports its Recyclable Materials to a Recycling Page 14 of 26 Facility, without using a Contractor, the Generator shall, upon request, prepare a Self - Hauling Certificate for the County Manager. C. The County Manager shall approve a standard form that shall be used as a Self- Hauling Certificate. At a minimum, the Owner or Generator shall provide the following information in the Self- Hauling Certificate: 1. The name, address and telephone number of the Owner or Generator that is signing the Self- Hauling Certificate; 2. The address of the Non - Residential Property where the Recyclable Materials are generated; 3. The names of the Generators that are transporting Recyclable Materials pursuant to the Self - Hauling Certificate; 4. A brief description of the activities or businesses that are generating the Recyclable Materials; 5. A list of the types of Recyclable Materials that are being transported; 6. For each type of Recyclable Material, the amount that is being taken from the Non - Residential Property to a Recycling Facility each month; 7. The name and address of the Recycling Facility; and S. The Occupational License number(s) for the Non - Residential Property. D. The Self- Hauling Certificate shall contain a written statement, signed by the Owner or Generator, certifying that the Owner or Generator is in compliance with the requirements of this Ordinance. E. The County Manager may restrict or prohibit self - hauling by a Person if the County Manager determines, after providing notice and an opportunity for a hearing, that the Person's self - hauling activities violate the provisions of this Ordinance or any other applicable law. SECTION SIXTEEN: Countv Recycling Centers. A. The County has established recycling centers for the benefit of the community. The County may impose conditions and limitations upon any Person that wishes to use the County's recycling centers, including limitations on the types and amounts of Recyclable Materials that will be accepted at the recycling centers. The County also may charge fees for the use of its recycling centers. The conditions, limitations, and fees applicable to the recycling Agenda Item No. 16C6 February 13, 2007 Page 15 of 26 centers shall be established by resolution of the Board. B. A Contractor shall not deliver Recyclable Materials or Solid Waste to the County's recycling centers, unless the deliveries are approved in advance by the County Manager. SECTION SEVENTEEN: Variances. A. The County Manager shall grant an administrative variance from the requirements in this Ordinance when an Owner, Generator or other Person demonstrates that the application of the Ordinance would create a Substantial Hardship. B. Any Owner or Generator who demonstrates that, due to site specific conditions, the Owner or Generator cannot simultaneously comply with this Ordinance and the provision of any section of the Collier County Land Development Code or the provision of a duly adopted planned unit development, may seek a variance pursuant to Section 9.04.00 of the Land Development Code. In the alternative, the County Manager may grant an administrative variance from the requirements of this Ordinance. C. An application for an administrative variance pursuant to Subsections ITA or 17.13, above, shall be submitted to the County Manager on a form prescribed by the County Manager. An application for a variance from the County's Land Development Code pursuant to Subsection 17.13, above, shall be governed by Section 9.04.00 of the Collier County Land Development Code. The fee for a variance shall be established by resolution of the Board. D. Pursuant to Section Five of the 2004 Land Development Code adopting Ordinance (Ordinance No. 2004 -_), the requirements of Section 4.05.04 (minimum requirements for parking spaces) and Section 4.06.00 (minimum requirements for visual screening) of the Land Development Code do not apply to a Person that filed an application for a site plan approval before the effective enforcement date of this Ordinance, but only if and only to the extent that the Person's compliance with this Ordinance precludes the Person from complying with the requirements in Sections 4.05.04 and 4.06.00 of the Land Development Code. SECTION EIGHTEEN: Inspections Enforcement and Penalties. A. The County Manager is authorized to conduct inspections on Non - Residential Property for the purpose of determining whether a Person is in compliance with the requirements of this Ordinance. The County Manager also is authorized to inspect any vehicle, equipment or 12 Agenda Item No. 16C6 February 13, 2007 Page 16 of 26 container used to Collect or transport Recyclable Materials in the County for the purpose of ensuring that the vehicle, equipment or container is not producing litter or leaking liquids or other residuals during transport. B. It shall be prima facie evidence of a violation of this Ordinance if an Owner or Generator fails to have a Recyclable Materials Container in use on their Non- Residential Property. C. To provide the public with a reasonable opportunity to comply with this Ordinance, the County shall not seek any penalties for violations of this Ordinance that occur within twelve months of the effective date of this Ordinance. The deadline for compliance with this Ordinance may be postponed by resolution of the Board. D. The County Manager shall have the power to enforce the provisions of this Ordinance through the County's Code Enforcement Board. The County Manager also may enforce this Ordinance by using any other enforcement procedure that is approved by the Board in the future pursuant to a County ordinance. SECTION NINETEEN: Appeals. A. The County Manager is hereby granted the authority to resolve any questions concerning the proper interpretation and application of this Ordinance. B. Any decision of the County Manager under this Ordinance may be appealed to the Board. Any appeal shall be initiated by filing a written petition with the County Manager within ten (10) days after the County Manager issues a written decision concerning the matter in dispute. The petition shall describe the facts and issues in dispute and shall explain why the petitioner is entitled to relief. The petition shall be presented to the Board for its consideration as expeditiously as possible, but the petitioner shall be given at least ten (10) days advance notice of the Board's meeting concerning the petition. At the Board's meeting, the petitioner shall have the burden of proving that it is entitled to the relief requested. SECTION TWENTY: Severabilitv. If any clause, section or provision of this Ordinance shall be declared to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. 13 Agenda Item No. 16C6 February 13, 2007 Page 17 of 26 SECTION TWENTY ONE: Conflict. The provisions of any other Collier County Ordinance that are inconsistent or in conflict with the provisions of this Ordinance are superseded to the extent of such inconsistency or conflict, or waived when the subject of a variance granted pursuant to Section 16 of this Ordinance. SECTION TWENTY TWO: Inclusion in the County's Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish this goal, and the word 'ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION TWENTY THREE: Effective Date. This Ordinance shall become effective upon receipt of notice of its filing from the office of the Secretary of State of the State of Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 27th day of July, 2004. DATED: 7/29/04 ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: Aaxe ,-t A/ zae4E -A Robert N. Zachary Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 14 By: 1901r1ra Fiala DONNA FIALA, Chairman Agenda item No. 16C6 February 13, 2007 Page 18 of 26 February 13, 2007 Mayor Bill Barnett City of Naples City Hall 735 Eighth Street South Naples, FL 34102 Re: Adoption of Non - Residential Recycling Ordinance by the City of Naples Dear Mr. Mayor, As you know the Collier County Landfill (Landfill) is a limited resource. The Collier County Solid Waste Management Department has implemented several initiatives to extend the life of the Landfill through the following recycling and diversion programs: 1) the Single Stream Residential Recycling Program, 2) the Mandatory Non - Residential Recycling Program 3) the Electronics Recycling Program, 4) the Artificial Reef Recycling Program, 5) Biosolids Diversion, 6) Bio -mass Diversion, and 7) Construction & Demolition Debris Diversion. These programs have made a significant contribution to extending the life of the Landfill. One of the most critical programs is the Non - Residential Recycling Program, which requires businesses and institutions in unincorporated areas of Collier County to recycle. Commercial establishments in Collier County generate greater than 170,000 tons of Municipal Solid Waste (MSW) annually that is landfilled. This amounts to greater than 60% of the total MSW that is buried in the Collier County Landfill. On July 27, 2004, the Collier County Board of County Commissioners (Board) approved the Collier County Non - Residential Recycling Ordinance No. 2004 -50 (copy enclosed), which requires businesses to recycle in the unincorporated areas of Collier County. The goal of the Board and the Collier County Manager is to establish county -wide, mandatory business recycling to include the incorporated areas of the City of Naples, the City of Marco Island, and the City of Everglades City. Meeting this goal is crucial in order to preserve valuable landfill airspace to extend the useful life of the Landfill as well as to conserve natural resources. Additionally, achieving the goal of county -wide mandatory business recycling is essential in maintaining the low rate of the Landfill tipping fees. At this time, the County is driven by the need to preserve the valuable landfill airspace by developing and implementing the Source Reduction, Materials Reuse, and Recycling component of the Integrated Solid Waste Management Strategy approved by the Board on December 5, 2006. One of the short term goals of this component is to "Enhance commercial recycling education and enforcement," of which establishing County -wide, mandatory business recycling is a critical objective. Page 1 of 3 Agenda Item No. 16C6 February 13, 2607 Page 19 of 26 It is important to note that the intent of the Collier County Non - Residential Recycling Ordinance is to utilize a balanced combination of incentives and regulations. Collier County provided educational outreach to the business community and a twelve month grace period without enforcement. The Non - Residential Recycling Ordinance also incorporates the incentive of the Waste Reduction Awards Program (WRAP). The WRAP Award provides recognition to businesses that integrate new, expanded, exceptional and/or innovative recycling and/or waste reduction efforts into its solid waste management system. Finally, recycling makes good business sense. Collier County conducted a preliminary cost/benefit analysis for the commercial recycling pilot project in 2002. During the pilot project, three out of the four participating businesses were able to lower their waste management costs by waste reduction and recycling. Preliminary data from the pilot project found that for many businesses, recycling could lower a business's solid waste disposal bill if the recycling is increased to the point that the size of their solid waste container is reduced or the frequency of collection is reduced. Businesses may also choose to self -haul recyclables to one of the county recycling centers. Section Nine of Ordinance No. 2004 -50 states that, "All municipalities in Collier County are encouraged to adopt and implement Recycling programs for the businesses and institutions located in the incorporated areas of the County. If requested, the County Manager shall provide advice and technical assistance with the development of the Recycling programs for these municipalities." The Solid Waste Management Department staff are ready to assist you with any questions you may have regarding the adoption of the Collier County Non - Residential Recycling Ordinance or similar ordinance. Although the City of Naples has reviewed the Collier County Non - Residential Recycling Ordinance and has had preliminary favorable discussion with the County regarding the adoption of a similar ordinance over the past year and a half, this goal has not yet been accomplished. Collier County would like to take this opportunity to help the City of Naples solidify their commitment to this goal. Please provide the County with your intent and time schedule should you choose to adopt a mandatory non - residential recycling ordinance in the City of Naples within thirty days of receipt of this letter. Your prompt, positive response is strongly anticipated. If you have any questions or would like to assign a contact person to work on this project, please contact Daniel R. Rodriguez, Solid Waste Management Department Director, at 239 - 732 -2508. He and his staff stand ready to provide any assistance possible. Sincerely, Jim Colletta, Chairman, District 5 Collier County Board of County Commissioners Page 2 of 3 Enclosure Agenda Item No. 16C6 February 13, 2007 Page 20 of 26 C: James V. Mudd, P.E., County Manager Leo Ochs, Jr., Deputy County Manager Dr. Robert E. Lee, City Manager, City of Naples James W. DeLony, P.E., Public Utilities Administrator Daniel R. Rodriguez, MBA, CFM, Solid Waste Management Director Dan Mercer, Public Works Director, City of Naples Page 3 of 3 Agenda item No. 1606 February 13, 2007 Page 21 of 26 February 13, 2007 Terri DiSciullo, Chairwoman City of Marco Island City Council 50 Bald Eagle Drive Marco Island, FL 34145 Re: Adoption of Non - Residential Recycling Ordinance by the City of Marco Island Dear Ms. DiSciullo, As you know the Collier County Landfill (Landfill) is a limited resource. The Collier County Solid Waste Management Department has implemented several initiatives to extend the life of the Landfill through the following recycling and diversion programs: 1) the Single Stream Residential Recycling Program, 2) the Mandatory Non - Residential Recycling Program 3) the Electronics Recycling Program, 4) the Artificial Reef Recycling Program, 5) Biosolids Diversion, 6) Bio -mass Diversion, and 7) Construction & Demolition Debris Diversion. These programs have made a significant contribution to extending the life of the Landfill. One of the most critical programs is the Non - Residential Recycling Program, which requires businesses and institutions in unincorporated areas of Collier County to recycle. Commercial establishments in Collier County generate greater than 170,000 tons of Municipal Solid Waste (MSW) annually that is landfilled. This amounts to greater than 60% of the total MSW that is buried in the Collier County Landfill. On July 27, 2004, the Collier County Board of County Commissioners (Board) approved the Collier County Non - Residential Recycling Ordinance No. 2004 -50 (copy enclosed), which requires businesses to recycle in the unincorporated areas of Collier County. The goal of the Board and the Collier County Manager is to establish county -wide, mandatory business recycling to include the incorporated areas of the City of Naples, the City of Marco Island, and the City of Everglades City. Meeting this goal is crucial in order to preserve valuable landfill airspace to extend the useful life of the Landfill as well as to conserve natural resources. Additionally, achieving the goal of county -wide mandatory business recycling is essential in maintaining the low rate of the Landfill tipping fees. At this time, the County is driven by the need to preserve the valuable landfill airspace by developing and implementing the Source Reduction, Materials Reuse, and Recycling component of the Integrated Solid Waste Management Strategy approved by the Board on December 5, 2006. One of the short term goals of this component is to "Enhance commercial recycling education and enforcement," of which establishing County -wide, mandatory business recycling is a critical objective. Page 1 of 3 Agenda Item No. 16C6 February 13, 2007 Page 22 of 26 It is important to note that the intent of the Collier County Non - Residential Recycling Ordinance is to utilize a balanced combination of incentives and regulations. Collier County provided educational outreach to the business community and a twelve month grace period without enforcement. The Non - Residential Recycling Ordinance also incorporates the incentive of the Waste Reduction Awards Program (WRAP). The WRAP Award provides recognition to businesses that integrate new, expanded, exceptional and /or innovative recycling and/or waste reduction efforts into its solid waste management system. Finally, recycling makes good business sense. Collier County conducted a preliminary cost/benefit analysis for the commercial recycling pilot project in 2002. During the pilot project, three out of the four participating businesses were able to lower their waste management costs by waste reduction and recycling. Preliminary data from the pilot project found that for many businesses, recycling could lower a business's solid waste disposal bill if the recycling is increased to the point that the size of their solid waste container is reduced or the frequency of collection is reduced. Businesses may also choose to self -haul recyclables to one of the county recycling centers. Section Nine of Ordinance No. 2004 -50 states that, "All municipalities in Collier County are encouraged to adopt and implement Recycling programs for the businesses and institutions located in the incorporated areas of the County. If requested, the County Manager shall provide advice and technical assistance with the development of the Recycling programs for these municipalities." The Solid Waste Management Department staff are ready to assist you with any questions you may have regarding the adoption of the Collier County Non - Residential Recycling Ordinance or similar ordinance. Although the City of Marco Island has reviewed the Collier County Non - Residential Recycling Ordinance and has had preliminary favorable discussion with the County regarding the adoption of a similar ordinance over the past year or so, this goal has not yet been accomplished. Collier County would like to take this opportunity to help the City of Marco Island solidify their commitment to this goal. Please provide the County with your intent and time schedule should you choose to adopt a mandatory non - residential recycling ordinance in the City of Marco Island within thirty days of receipt of this letter. Your prompt, positive response is strongly anticipated. If you have any questions or would like to assign a contact person to work on this project, please contact Daniel R. Rodriguez, Solid Waste Management Department Director, at 239 - 732 -2508. He and his staff stand ready to provide any assistance possible. Sincerely, Jim Colletta, Chairman, District 5 Collier County Board of County Commissioners Page 2 of 3 Enclosure Agenda Item No. 16C6 February 13, 2007 Page 23 of 26 C: James V. Mudd, P.E., County Manager Leo Ochs, Jr., Deputy County Manager William Moss, City Manager, City of Marco Island James W. DeLony, P.E., Public Utilities Administrator Daniel R. Rodriguez, MBA, CFM, Solid Waste Management Director Page 3 of 3 Agenda item No. 16C6 February 13, 2007 Page 24 of 26 February 13, 2007 Mayor Sammy Hamilton Jr. City of Everglades City P.O. Box 110 Everglades City, FL 34139 Re: Adoption of Non - Residential Recycling Ordinance by the City of Everglades City Dear Mr. Mayor, As you know the Collier County Landfill (Landfill) is a limited resource. The Collier County Solid Waste Management Department has implemented several initiatives to extend the life of the Landfill , hough the following recycling and diversion programs: 1) the Single Stream Residential Rc vcling Program, 2) the Mandatory Non - Residential Recycling Program 3) the Electronics Rc . ycling Program, 4) the Artificial Reef Recycling Program, 5) Biosolids Diversion, 6) E ) -mass Diversion, and 7) Construction & Demolition Debris Diversion. These programs have : ade a significant contribution to extending the life of the Landfill. One of the moss critical programs is the Non - Residential Recycling Program, which requires businesses and ir.-�titutions in unincorporated areas of Collier County to recycle. Commercial establishments in ;'ollier County generate greater than 170,000 tons of Municipal Solid Waste (MSW) annually -, _a is landfilled. This amounts to greater than 60% of the total MSW that is buried in the Collier County Landfill. On July 27, 2004. ilie Collier County Board of County Commissioners (Board) approved the Collier County Non - Residential Recycling Ordinance No. 2004 -50 (copy enclosed), which requires businesses to recycle in the unincorporated areas of Collier County. The goal of the Board and the Collier County Manager is to establish county -wide, mandatory business recycling to include the incorporated areas of the City of Naples, the City of Marco Island, and the City of Everglades City. Meeting this goal is crucial in order to preserve valuable landfill airspace to extend the useful life of the Landfill as well as to conserve natural resources. Additionally, achieving the goal of county -wide mandatory business recycling is essential in maintaining the low rate of the Landfill tipping fees. At this time, the County is driven by the need to preserve the valuable landfill airspace by developing and implementing the Source Reduction, Materials Reuse, and Recycling component of the Integrated Solid Waste Management Strategy approved by the Board on December 5, 2006. One of the short term goals of this component is to "Enhance commercial recycling education and enforcement," of which establishing Countj-uide, mandatory business recycling is a critical objective. Page 1 of 3 Agenda Item No. 16C6 February 13, 2007 Page 25 of 26 It is important to note that the intent of the Collier County Non - Residential Recycling Ordinance is to utilize a balanced combination of incentives and regulations. Collier County provided educational outreach to the business community and a twelve month grace period without enforcement. The Non - Residential Recycling Ordinance also incorporates the incentive of the Waste Reduction Awards Program (WRAP). The WRAP Award provides recognition to businesses that integrate new, expanded, exceptional and/or innovative recycling and/or waste reduction efforts into its solid waste management system. Finally, recycling makes good business sense. Collier County conducted a preliminary cost/benefit analysis for the commercial recycling pilot project in 2002. During the pilot project, three out of the four participating businesses were able to lower their waste management costs by waste reduction and recycling. Preliminary data from the pilot project found that for many businesses, recycling could lower a business's solid waste disposal bill if the recycling is increased to the point that the size of their solid waste container is reduced or the frequency of collection is reduced. Businesses may also choose to self -haul recyclables to one of the county recycling centers. Section Nine of Ordinance No. 2004 -50 states that, "All municipalities in Collier County are encouraged to adopt and implement Recycling programs for the businesses and institutions located in the incorporated areas of the County. If requested, the County Manager shall provide advice and technical assistance with the development of the Recycling programs for these municipalities." The Solid Waste Management Department staff are ready to assist you with any questions you may have regarding the adoption of the Collier County Non - Residential Recycling Ordinance or similar ordinance. Although the City of Everglades City has reviewed the Collier County Non - Residential Recycling Ordinance and has had preliminary favorable discussion with the County regarding the adoption of a similar ordinance over the past year or so, this goal has not yet been accomplished. Collier County would like to take this opportunity to help the City of Everglades City solidify their commitment to this goal. Please provide the County with your intent and time schedule should you choose to adopt a mandatory non - residential recycling ordinance in the City of Everglades City within thirty days of receipt of this letter. Your prompt, positive response is strongly anticipated. If you have any questions or would like to assign a contact person to work on this project, please contact Daniel R. Rodriguez, Solid Waste Management Department Director, at 239 - 732 -2508. He and his staff stand ready to provide any assistance possible. Sincerely, Jim Colletta, Chairman, District 5 Collier County Board of County Commissioners Page 2 of 3 Enclosure Agenda Item No. 16C6 February 13, 2007 Page 26 of 26 C: James V. Mudd, P.E., County Manager Leo Ochs, Jr., Deputy County Manager James W. DeLony, P.E., Public Utilities Administrator Daniel R. Rodriguez, MBA, CFM, Solid Waste Management Director Page 3 of 3 Agenda Item No. 16C7 February 13, 2007 Page 1 of 3 EXECUTIVE SUMMARY Approve a budget amendment to recognize funds provided by South Florida Water Management District Grants in the amount of $425,847 and approve the necessary budget amendment for the Reclaimed Water Aquifer Storage and Recovery Project 74030. OBJECTIVE: The public purpose of this project is to implement Aquifer Storage and Recovery (ASR) technology in order to protect the public water supply by increasing the available reclaimed water to be used for irrigation. This action request is to approve a budget amendment for this project. CONSIDERATIONS: On March 28, 2006, Agenda Item 10H, the Board of County Commissioners (Board) awarded Contract 06 -3924 to Douglas N. Higgins, in the amount of $4,369,400, approved Work Order HDR -FT- 3785 -06 -05 to HDR Inc., in the amount of $167,800 and approved a budget amendment. Other available project funds were used for the following: (1) Work Order to Hole Montes to obtain a permit to allow reclaimed water to be moved from the South service area to the North service area. This will allow excess flows from the South County Water Reclamation Facility to be used in the North service area so that reclaimed water from the North County Water Reclamation Facility can be made available for the ASR Well, (2) Change Order to Water Resource Solutions for additional inspection services and a rate increase. This budget amendment is required to move funds in the amount of $425,847 previously obtained through grants from the South Florida Water Management District ( SFWMD). The Board awarded SFWMD grant contract DG061169 on November 15, 2005, Agenda Item 16(C) 15 and SFWMD (Big Cypress Basin) grant contract C -15054 on February 25, 2003, Agenda Item 16(C)6. Although the original grant contract amounts were $500,000 and $50,000, respectively, actual construction costs at the grant contract date were lower and as a result, the SFWMD paid $375,847 and $50,000. The grant proceeds of $425,847 were received and recorded in the grant project. This budget amendment will move these amounts from the grant project to project construction. These additional funds will be required as a contingency for the project to cover change orders, easement improvements and other work that may develop after construction during the operating period of the well. The completion of this ASR well is the first phase of this project. There will be four additional wells installed in the future. Design and permitting of these additional wells are planned to begin in 2009. These projects are consistent with the 2005 Wastewater Master Plan Update adopted by the Board of Collier County Commissioners on June 6, 2006, under Item I O(B). On April 11, 2006, Agenda item 16(C)3, the Board approved a Resolution approving the ,_ final SRF loan application. SRF Loan funds are the financing source for this project. Executive Summary Reclaimed Water ASR — Budget Amendment Agenda item No. 1627 February 13, 2007 Page 2 of 3 Page 2 FISCAL IMPACT: Funds are available in the same fund and project in grant proceeds. A Budget Amendment is needed to transfer the grant proceeds from WBS 740303 to the Reclaimed Water Aquifer Storage & Recovery Project, WBS 740302. Funding is available in Fund 414 User Fees, and is consistent with the FY 07 Capital Budget approved by the Board of County Commissioners on September 21, 2006 10(A). This Project is funded by a low- interest rate SRF Loan as the financing mechanism. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATIONS: That the Board of County Commissioners, as Ex- officio the Governing Board of the Collier County Water -Sewer District, approve the necessary budget amendment. Prepared by: Alicia Abbott, Project Manager, Public Utilities Engineering. Agenda Item No. 16C7 February 13, 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C7 Item Summary: Approve a budget amendment to recognize funds provided by South Florida Water Management District Grants in the amount of $ 425.847.00 and approve the necessary budget amendment for the Reclaimed Water Aquifer Storage and Recovery Project 74030. Meeting Date: 2/13/2007 9.00.00 AM Prepared By Alicia Abbott, E.I. Project Manager Date Public Utilities Public Utilities Engineering 1/2512007 6:24:59 AM Approved By William D. Mullin. PE Principal Project Manager Date Public Utilities Public Utilities Engineering 1/2912007 11:31 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 1/2912007 1228 PM Approved By Bala Snclhar Senior ManagementlBudget Analyst Date Public Utilities Public Utilities Operations 1U2912007 12:47 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 1/29/2007 5:17 PM Approved By G. George Yilmaz WasteWater Director Date Public Utilities WasteWater 1!30!2007 4:43 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public,, Utilities Administration 1(3112007 10:23 AM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management & Budget 1/31/2007 1:23 PM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Managers Office Office of Management & Budget 2150007 9:50 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 21512007 3:18 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 2/6/2007 12:37 PM Commissioners Agenda Item No. 16D1 February 13, 2007 Paae 1 of 4 EXECUTIVE SUMMARY Recommendation to rescind approval of the Interlocal Agreement for Fund Sharing of the Pulling Property Project as approved by the Board of County Commissioners on June 14, 2005 and to approve a new agreement with the City of Naples for the Pulling property boat ramp facility in an amount not to exceed $700,000. Obiective: To enhance boat access for all County residents. Considerations: On June 14, 2005 the Board of County Commissioners approved a request by the City of Naples to fund construction of the boat ramp facility at the Pulling property in an amount not to exceed $400,000. In the budget process for FY 07 the Board of County Commissioners approved an additional $300,000 for the project from the unfunded request list. Staff has prepared a new interlocal agreement to govern the funding of this project. The agreement stipulates that the County and City residents be charged the same fees for use of the facility for the useful life of the improvements. Fiscal Impact: The $700,000 funding is included in the FY07 budget; $300,000 is budgeted in the Pulling Boat Ramp Project 800421, capital funds (306) and $400,000 is budgeted in the Other General Administration- General Fund (001). Growth Management Impact: The facility will not be inventoried for Growth Management Plan compliance. Recommendation: That the Board of County Commissioners rescinds approval of the City of Naples interlocal agreement from June 14, 2005 and approves the interlocal agreement with the City of Naples to fund construction of the Pulling property boat ramp facility in an amount not to exceed $700,000, and authorized the chairman to sign. Prepared by: Raymond Carter, Project Manager, Parks and Recreation Agenda Item No, 16D1 February 13, 2007 Page 2of4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 161D1 Item Summary: Recommendatior. to rescind approval of the Irierlocal Agreement for Fund Shanng of the Pulling Property Protect as approved by the Board Of County Commissioners on June 14, 2005 and to approve a new agreement with the City of Naples for the Pulling property boat ramp facility in ar amount not to exceed $700,C00. Meeting Date: 2!! 3/2007 4.00.00 .4M .Approved By Raymond Carter Operations Manager Date Public Services Parks and Recreation 11114/2006 2:32 PM Approved By Barry Williams Director Date Public Services Parks and Recreation 12113/2006 1:16 PM Approved By Marla Ramsey Public Services Administrator Date Pubhc Services Public Services Admin. 118/2007 3:58 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 113112007 1:25 PM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 215/2007 1:58 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 21512007 2:54 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 21612007 215 AM Agenda Item No. 16D1 February 13, 2007 Page 3 of 4 INTERLOCAL AGREEMENT FOR FUND SHARING: PULLING PROPERTY PROJECT THIS INTERLOCAL AGREEMENT, is entered into by and between Collier County, a political subdivision of the State of Florida (hereinafter referred to as the "County "); and the City of Naples, (hereinafter referred to as the "City "); WITNESSETH: WHEREAS, the Board of County Commissioners for Collier County has approved funding assistance to the City of Naples for the Pulling Property Project; and WHEREAS, this funding is approved in the Fiscal Year 2007 budget for Collier County; NOW, THEREFORE, in consideration of the covenants contained herein, the County and the City hereby agrees as follows: Section 1. The County shall pay seven hundred thousand dollars ($700,000) toward the costs of the Pulling Property Project, payable as reimbursement to the City. Section 2. Improvements to the Pulling Property are deemed to have a useful life of twenty (20) years. The City shall not assess a surcharge to non -city residents of Collier County for the use of the Pulling Property or services offered at the Pulling Property during the life of the project. In the event that any of these obligations is violated, City shall refund to County the useful life remainder value of the facilities improvements based on twenty (20) year straight -line depreciation with no residual value. Section 3. This Agreement may be signed in counterparts by the parties hereto. This Agreement shall take effect on the last day of execution by the last party to execute same. Section 4. This Agreement shall be recorded by the County in the Official Records of Collier County within thirty (30) days after this Agreement is fully executed. DATE: ATTEST DWIGHT E. BROCK, CLERK U1.1 Approved as to form and Legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Jim Coletta, Chairman Agenda Item No. 16D2 February 13, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve a request from I HOPE, Inc. of Collier County to fund the $10,000 payment of permitting fees related to the installation of thirty (30) FEMA trailers in the Immokalee area. OBJECTIVE: Recommendation that the Board of County Commissioners (BCC) approve the disbursement of $10,000 to fund the payment of permitting fees associated with the installation of thirty (30) FEMA trailers purchased by I HOPE, Inc. to assist families severely effected by Hurricane Wilma. CONSIDERATIONS: Hurricane Wilma destroyed and severely damaged many homes in the Immokalee area in October of 2005. Many non - profit agencies and Collier County responded to the consequential human needs created by this very strong storm. One non - profit agency is continuing to work to provide housing assistance to those still in need of basic housing needs. I HOPE, Inc. is Collier County's Long Term Disaster Recovery Team for the Immokalee area with Mr. Richard L. Heers as the Executive Director. I HOPE, Inc. has been successful in soliciting the following funds to assist those storm victims still in need: $22,500 from private donations to purchase thirty (30) trailers from FEMA at a cost of $500 each. $70,000 from the Presbyterian Disaster Assistance Program and the Lutheran Services of Florida to set -up and tie down the trailers. The costs to permit these 30 FEMA trailers are approximately $325 per trailer or approximately $10,000 in total. These expenses were unanticipated and are the only remaining unfunded cost before the trailers can be placed on sites for use by those qualified residents. I HOPE, Inc. has contracted to have experienced case managers, salaried through a $45,000 grant from the United Methodist Commission on Relief for Disasters, who have thoroughly investigated and obtained verifiable documentation that each family meets FEMA requirements, that they are indeed Wilma disaster victims, and do qualify with part or all of their families being legal citizens. The trailers can be purchased by the families at minimal investments with a no- interest note to I HOPE, Inc. to cover their costs. In addition, all families will be required to complete classes provided by the University of Florida on home ownership and its rights and responsibilities. The Housing and Grants section will verify that the permitting fees paid by this grant are in fact for the same FEMA housing sites approved by I HOPE, Inc. �^ FISCAL IMPACT: Staff is proposing that the $10,000 requested by I HOPE, Inc. be funded by the Marco Island Housing Interlocal Agreement, whereby the City of Marco Island provides 10% of their annual building permit fees collected by the City, or $50,000, whichever is greater, to Collier County for the purposes of incorporating the City into the County's Housing Agenda item No. 161D2 February 13, 2007 Request from I HOPE for Funding Page 2 of 4 Page 2 Program. This interlocal agreement is dated June 13, 2000. There are sufficient funds to commit to this request. These payments by Marco Island must be used for the County's housing programs, but have no other encumbrances or requirements associated with them. This $10,000 request from HOPE, Inc. is consistent with the purposes as outlined in the interlocal agreement GROWTH MANAGEMENT IMPACT: Approval of this request will allow the County to expand the affordable housing opportunities of its citizens and further the goals of the Housing Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This request is internally consistent, complies with all applicable laws and is legally sufficient for Board consideration and approval. RECOMMENDATION: That the Board of County Commissioners approves the request from the I HOPE, Inc. of Collier County to fund the $10,000 payment of permitting fees related to the installation of 30 FEMA trailers in the Immokalee area PREPARED BY: Denton Baker, Director Operations Support & Housing Executive Board Anne Goodnight, Chair Pastor Robert Selle, V.Chair Richard Rice, Secretary Nancy Frees, Treasurer Steering Committee Pastor Bob Selle, Amigos en Cristos Rev. James Kirk, PDA Gricel Hernandez, UMCCR Vicky Jenkins, Immokalee Front Porch Sylvia Puente, CC Public Library Executive Director Richard L. Heers (239- 229 -9970) Volunteer Coordinator David Grove (239- 896 -2998) Case Managers Daniel Hernandez Gessie Edmund Earthenia Strange Esther Montero Janie Vidaum Agenda Item No. 16D2 February 13, 2007 Page 3 of 4 IMMOKALEE HELPING OUR PEOPLE in EMERGENCIES Memo to: The Board of County Commissioners From: Richard L. Heers, Executive Director `(�E? Date: January 16, 2007 Re: Grant to cover permitting fees for FEMA trailers I HOPE, Inc., Collier County's Long Teem Disaster Recovery Team, is requesting that the Board of County Commissioners grant our organization $10,000.00 to pay the permitting fees for 30 FEMA trailers that will be purchased to provide residences for legal citizens in the Immokalee area who were impacted by Hurricane Wilma on October 24, 2005. I HOPE has applied for its 501©3, but has not yet received it, and presently is benefiting from the Community Foundation of Collier County, who is serving as our fiscal agent. We received $70,000.00 of grant money from the Presbyterian Disaster Assistance Program and the Lutheran Services of Florida to set up and tie down the trailers. We also received $22,500.00 from private donations to purchase the trailers. We didn't realize that it was going to cost $300 -$330 to permit these trailers as well. Having raised nearly $100,000.00 for these units, we are appealing to Collier County to fund $10,000.00 to meet this additional and unanticipated expense. . We have case managers, salaried through a $45,000.00 grant from the United Methodist Commission on Relief for Disasters, who have thoroughly investigated and obtained verifiable documentation that each family meets FEMA requirements that they are indeed Wilma disaster victims, and do qualify with part or all of their families being legal citizens. FEMA is making these mobile homes available to us for $500.00 each. it is our plan to then make these available to Immokalee residents for a minimal cost to purchase on a no• interest note to I HOPE to cover our costs. We will be further requiring each family to complete classes provided by the University of Florida on home ownership -its rights and responsibilities. Thank you for considering our request and special thanks to your Housing and Grants Section for listening to our needs and responding with a financial solution. Mailing Address: P. D. Box 5278, In2rnokalee, FL 34143 Office located at 708 North 11th Street (Friendship Bapdst Church) telephone., 239 - 657 - 3889 -FAX.• 239 - 657 -3885 Agenda Item No. 16D2 February 13. 2007 Page 4 of A COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D2 Item Summary: Recommendation that the Board of County Commissioners approve a request from I HOPE, Inc of Collier County to hmd the 5'.0.000 payment of permitting fees related to the installation of thirty 130j FEM L. trailers i❑ the ImmOKaiee area Meeting Date: 2113;2067 P00.00 AM Prepared By Denton Baker Financial Admin & Housing Director Date Community Development & Environmental Services Financial Admin. & Housing 112212007 2:32:25 PM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 112312007 8:30 AM Approved By Cormac Giblin Housing Development Manager Date Public Services Hoosmg & Human Services 1/23i2O07 4:12 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. N2312007 5:28 PM Approved By FederallState Grants Administration Susan Golden Date Manager Public Services Housing S Human Services 1/252007 10:03 AM Approved By OMB Coordinator Admi nistrative Assistant Date County Manager's Office Office of Management & Budget 1;2612007 7:51 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 21212007 4:47 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 2/212007 5:00 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 2/2!2007 5:38 PM Commissioners Agenda Item No. 16D3 February 13, 2007 Page 1 of 36 EXECUTIVE SUMMARY Recommendation to approve the purchase to retrofit sports field lighting from Musco Lighting for Eagle Lakes Community Park in the amount of $261,543 and approve the necessary budget amendments. Oboe_ ctiye: To provide safe, high quality, lighted park facilities that create minimal disturbance to surrounding communities. Considerations: The Parks and Recreation Department has four (4) lighted athletic fields at Eagle Lakes Community Park. Constituents in the neighboring residential communities have repeatedly requested that the lighting system be upgraded to assist with light spill and glare. Collier County Parks and Recreation Department investigated options for the lighting at North Collier Regional Park as this was a major concern for the surrounding neighborhoods. The Department installed the Musco Sportscluster Green system; this system offers fifty percent (50 %) less spill and glare when compared to the lighting system currently at Eagle Lakes Community Park. The Department is recommending that the Musco Sportscluster Green system lighting be installed on the Eagle Lakes two (2) soccer fields. The recommended purchase of the Sportscluster Green System will save approximately $650,000 (50% savings) in energy costs to the County over 25 years in life cycle costs when compared to conventional technology. The system comes with a 25 year warranty and maintenance program (eliminating maintenance costs for 25 years). Under City of Jacksonville Contract #SC- 0549 -03, Musco Lighting can supply the Sportscluster Green sports lighting system. Total cost for the system, delivered and installed, at Eagle Lakes Community Park is $274,600. Fiscal Impact: A budget amendment is needed in order to move funding from MSTD General Fund (111) reserves to the Park Capital Fund (306) project number 80014 in the amount of $274,000 (purchase amount of $261,543 plus a 5% contingency). Growth Management Impact: Eagle Lakes Community Park is inventoried in the Growth Management plan. Recommendation: That the Board of County Commissioners approves a purchase in the amount of $261,543 to retrofit Eagle Lakes Community Park with the Sportscluster Green System from Musco Lighting and approve the necessary budget amendments. Prepared By: Mary Ellen Donner, Assistant Director, Parks & Recreation Agenda Item No. 16D3 February 13, 2007 Page 2 of 36 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1603 Recommendation to approve the purchase to retrofit sports field lighting from Musco Lighting Item Summary: for Eagle Lakes Community Park in the amount of $261 543 and approve necessary budget amendments Meeting Date: 2113/2007 5:00:00 AM Prepared By Mary Ellen Donner Assistant Director Date Public Services Parks and Recreation 1/812007 1:48:46 PM Approved By Barry Williams Director Date Public Services Parks and Recreation 11812007 1:53 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 1!812007 2:24 PM Approved By Marta Ramsey Public Services Administrator Date Public Services Public Services Admin. 11612007 5:17 PM Approved By Linda Best Contracts Agent Date Administrative Services Purchasing 1!3112007 8:51 AM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 1/3112007 11:07 AM Approved By Steve Camel! PurchasingiGeneral Svcs Director Date Administrative Services Purchasing 2/1/2007 10:05 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 2!112007 4:07 PM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 21612007 1:04 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 21612007 4:10 PM Approved By James V. Mudd County Manager Date Board or County County Manager's Office 2!612007 7:18 PM Commissioners Agenda Item No. 16D3 February 13, 2007 Page 3 of 36 Eagle Lakes Park Retrofit Naples, Florida Date: January 12, 2007 To: Murdo Smith Equipment Description — Materials and Installation Sportscluster GreenTM System delivered to your site • Factory aimed and assembled poletop luminaire assemblies • 1500 -watt metal halide fixtures • UL Listed remote electrical component enclosures • Mounting hardware for the pole top units and electrical component enclosures • Pole length wire harness • Disconnects Also includes: • Energy savings of more than 50% over a standard lighting system • 50% less spill and glare light than Musco's prior industry leading technology • Musco Constant 25 T warranty and maintenance program that eliminates 100% of your maintenance costs for 25 years, including labor and materials on Musco manufactured product. • Guaranteed constant light level of 50 footcandles for the infield and 30 footcandles for the outfield on the Baseball and Softball fields, and 30 footcandles on the Soccer field and 30 footcandles on the Basketball Court for 25 years, +1- 10% per IESNA RP -06-01 4 group re- lamps) at the end of the lamps' rated life, 5000 hours • Control Linke Control & Monitoring System for flexible control and solid management of your lighting system • Lighting Contactors sized for volt phase • Remove existing cross arms and fixtures and install new SCG cross arms and fixtures, including new wire harnesses from the fixtures to the Ballast Enclosure. • Assumes re-use of existing conduit and wire Sales tax is not included as part of this budget estimate. Budget Estimate- Materials and Installation 2 Soccer Fields .................................................................... ............................... $269.543.00 Pricingr furnished is effective for 60 days unless otherwise noted and is considered confidential. Divulging technical or pricing Information to competitive vendors will result in removal from the bid list. Budget Estimate SCG25 Page Z of 2 ch r- cc p o cn �° o N r U) cc m n cn _0 v c LL Q z w 2 CL _ �ry V w r J a 0 z Q Y Q CL cr- O LL F- U F z O U z w 2 w w V Q w U CL O T T IL) O U N O z H U z O U z O_ P CL O J ui w z w w O 0.' W w z O w O LL tD 0 T_ w U w LL_ u. w c a V) Z } } } Z U g tm o m ° @ Z a) ° Z i U 7 R T O ° Z ° Z Z Z O Z O Z O Z G O > q d d O Z >- } } Y } } a w — Q 6 O U N ° O Ai y O m O O v ° n` a A O a c°c u) a M a a N N O m O U U — U. a a 0 o °\o U p i � — tt7 q N N N U O Z O Obi to O N O E M T x O C O N d J a7 " V' L M C CJ J a) c LL to w C O 10 p C O Vi Y C O (O C .�.. 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OS LL w0 c J a U E N U rn �- y E y N m m d O) LL o\ o= OU U C Q N O o d m N NOS o= > O V UO N° C N N O N a L N U O fn an d O Y Vl J N LL 0 Q d E N yj Z - ty C O V% M V U 'O J E d Y N O C 01 m N O) (!i .Q v 0) U O N >+ J N Q p@ o vii U N LL r m t O Y i p t m d ° n N p Z N - N E o° rp E (n > 'oo O t Oo m E Cd vO u�i o 3 CD O) O O N p (n M LL O a u N 01 0 N N N 0 N U U V U U O (n (!J (n cn (n 0 0 0 0 0 m a m a ca a m a m a O aa O O a O a O a 0 m U d E� U a V a n U m EL U 7 V >O O >O >>O O ICO O O O O O 2 N 2 GJ 2 N S N I � O) N p N O) N N N Agenda Item No. 16D4 February 13, 2007 Page 1 of 16 EXECUTIVE SUMMARY Recommend approval of a resolution of the Board of County Commissioners of Collier County, Florida, re- establishing the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy, and Superseding Resolution 2006 -296 and all other Resolutions establishing license and fee policy. OBJECTIVE: To approve a resolution re- establishing the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy, Superseding Resolution 2006- 296, and implementing a revised beach parking policy in coordination with the Coastal Projects Department. CONSIDERATIONS: Collier County has entered into an agreement with the Florida Department of Environmental Protection to assure that all residents and visitors to Collier County have equal access to beach parking facilities. The Parks and Recreation License and Fee Policy must be amended to comply with the revised beach parking policy. The only change to the Parks and Recreation License and Fee Policy is found in Section III(D)(1), Beach Parking Facilities Fees. The new language provides: "Permits will be valid for one year. Tourists, visitors, and seasonal . residents may purchase an annual parking permit for $30.00." In general, the revised policy proposes that beach parking policies must be renewed annually and that all tourists, visitors, and seasonal residents be given the opportunity to purchase an annual parking permit/sticker on an equal basis as Collier County residents. On January 23, 2007, the Board of County Commissioners approved the revised Beach Parking Policy and authorized staff to amend Resolution 2002 -430 as necessary. Research revealed that it is also necessary to supersede Parks and Recreation License and Fee Policy for compliance. COUNTY ATTORNEY FINDING: The County Attorney's Office has reviewed and approved this item for legal sufficiency. FISCAL IMPACT: There will be a positive fiscal impact to Collier County with sales of the new beach parking permit. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: To approve a resolution re- establishing the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy, and Superseding Resolution 2006 -296 and implementing a revised beach parking policy in coordination with the Coastal Projects Department., and authorize Chairman to execute necessary documents. Agenda Item No. 161D4 February 13, 2007 Page 2 of 16 PREPARED BY: Barry Williams, Director, Parks and Recreation Colleen M. Greene, Assistant County Attorney Agenda item No. 16D4 February 13, 2007 Page 3 of 16 RESOLUTION No. 2007 A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RE- ESTABLISHING THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY AND SUPERSEDING RESOLUTION NO. 2006 -296 AND ALL OTHER RESOLUTIONS ESTABLISHING LICENSE AND FEE POLICY. WHEREAS, the Director of Parks and Recreation has recommended to the Board of County Commissioners that the existing Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy be amended as follows; WHEREAS, the Board of County Commissioners hereby accepts the recommendations of the Director of Parks and Recreation; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY THAT: The Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy is hereby established as follows. This Policy supersedes the Policy as established in Resolution No. 2006 -296 and all previous resolutions establishing license and fee policy. I. PURPOSE The purpose of this policy is to ensure maximum use of facilities, outdoor areas and programs in Collier County and provide equitable fees and charges collected from users of such facilities, outdoor areas or programs. II. LIMITATIONS The Parks and Recreation Director, or designee, may waive enforcement or application of any of these regulations or restrictions with respect to any facility, outdoor areas, or program provided such waiver does not interfere with public safety or enjoyment. No fees may be waived. No non - government entity shall charge an admission fee to any out of doors event, including aquatic facilities. The Board of County Commissioners shall set fees and charges for all facilities and programs. Consistent with Collier County's policy of ensuring all citizens equal opportunity to participate in programs, any resident requesting special consideration must substantiate to the Parks and Recreation Director proof of financial need. All information provided is not confidential but will be used only for the purpose of establishing reduced or waived program fees. Rates and charges can be modified on a case -by -case basis if approved by the Director of Parks and Recreation for special promotional sales and advertisements to stimulate increased utilization of programs. IIL CLASSIFICATIONS A. Facility License Definitions and Uses Outdoor Areas: Open space or land owned or leased by the Parks and Recreation Department. Such outdoor areas shall include, but not limited to, sports fields, playgrounds, swimming pools and/or other park and recreation land areas, excluding Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section Q, herein). Outdoor areas shall be used for those purposes designated or implicit in their character. Any deviation from normal appropriate use shall require express prior permission from the Parks and Recreation Director or designee. Agenda Item No. 16D4 February 13, 2007 Page 4 of 16 2. Facilities: Buildings and dwellings owned or leased by the Parks and Recreation Department. Such facilities include, but are not restricted to, community center areas and rooms, gymnasiums, pavilions, shelters, and other areas located in the Parks and Recreation structures, excluding the Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section Q, herein). Facilities shall be used for those purposes designated or implicit in their character. Any deviation from these intended normal uses shall require express prior permission from the Parks and Recreation Director, or designee. 3. Programs: Recreation activities conducted on land or in facilities owned or leased by Collier County. Such activities include, but are not restricted to: athletic, clinic, instructional and interpretative seminars for preschool, youth, adult, senior and special populations. Any deviation from these intended normal uses shall require express permission from the Parks and Recreation Director, or designee. 4. Vehicle Parking Fees: Parking lots at Collier County beach parks and accesses, to include, but not limited to, the following: Tigertail Beach, Barefoot Beach Access, Barefoot Beach Preserve, Clam Pass Park, Vanderbilt Beach, North Gulf Shore Access, and South Marco Beach Access. 5. Boat Launch Fees: Ramp use at Collier County owned and operated boat launch facilities to include, but not limited to, Bayview Park, Cocohatchee River Park, Caxambas Park, and Collier Boulevard Boating Park. B. User Categories — Applicable to all indoor and outdoor areas Governmental entities are not subject to fees. All other facility users shall have their fees determined by the category of the entity. Note: All parks shall remain open to the public. The two categories are: Category I — Federal Income Tax Exempt Entities, Registered Charities, Not -for- Profit Groups. a. Federal Income Tax Exempt Entities Groups that are exempt from taxation under any subsection of Section 501(c) of the Internal Revenue Code. The following civic associations will not be subject to fees for their one general membership meeting per month: East Naples Civic Association, Golden Gate Estates Civic Association, Golden Gate Civic Association, Immokalee Civic Association, and Second District Association. b. Specified Sales Tax Exempt Entities Those entities that are exempt from Florida sales taxes pursuant to Subsection 212.08 (7), Florida Statutes such as a home for the aged, nursing home, hospice, or an organization whose primary purpose is to provide special educational, cultural, recreational, or social benefits to minors, or is a religious, charitable, scientific, educational, or veterans' organization. c. Local Not - for - Profit Groups or Non - Profit Groups Entities, irrespective of tax exempt status, which are not - for -profit corporations, organizations or other not- for - profit entities that are of Collier County origin, have their principal location in Collier County, and of which fifty per cent (50 %) of the group's membership are residents of Collier County, with a primary purpose to provide social services to others or to protect interests outside of the group, such as the environment, endangered animals, disadvantaged persons, or some other similar external interest. The primary focus of these groups is outward looking and away from the personal interests of the group's members. d. Other Local Not - for -Profit Groups Agenda Item No. 161D4 February 13, 2007 Page 6 of 16 Those entities, irrespective of tax exempt status, which are not - for -profit corporations, organizations or other not - for -profit entities that are of Collier County origin, have their principal location in Collier County, and of which fifty per cent (50 %) of the group's membership are residents of Collier County, but the group's primary purpose is not to provide social services to individuals who are not bona fide members of the group or is not to protect interests outside of the group. This category includes property owners' associations, political groups, and all other special interest oriented teams or clubs such as hobbyists' clubs, chess clubs, radio clubs, hunters and fishermen clubs, stamp, coin, and other collectors' clubs; garden clubs, car clubs, and all other similar clubs, groups or organizations. The primary focus of these groups is inward toward the group's members. 2. Category II - All Others A. Each individual, group, organization or entity that is not within Category I. IV. FEE STRUCTURE - (All fees are exclusive of sales taxes unless otherwise noted). A. Category I User Fees Facility Rates (excluding league play and special facilities; i.e., swimming pool, etc.) Facility Type Rate Per Hour Security Deposit Indoor Room under 1,500 sq ft $10.00 $50.00 Indoor Room 1,501 - 3,000 sq ft $15.00 $100.00 Indoor Room 3,001 sq ft & over $20.00 $100.00 Gvmnasium $30.00 $100.00 Small Pavilion $10.00 $25.00 Large Pavilion $20.00 $25.00 NCRP Indoor Room under 1,500 sq ft $15.00 $50.00 NCRP Indoor Room 1,501 -3,000 sq ft $25.00 $100.00 NCRP Indoor Room 3,001 sq ft & over 550.00 $100.00 NCRP Gymnasium (per court) $30.00 $100.00 Sugden Amphitheater $30.00 $60.00 Open Green Space (100 x 100) $10.00 n/a Athletic Facilities for General Use (i.e. Special Events, Picnics, Carnivals, etc.) $20.00 $80.00 Athletic Facilities for Athletic Use (Football /Soccer, Soft /Baseball, Little League, Sports Pavilion, Roller Hockey) $15.00 n/a Basketball /Racquetball /Volleyball/Tennis Courts $5.00 n/a Sugden Regional Park for a Countywide Event $800 per day $200.00 Immokalee Airport Park for a County wide Event $500.00 per day $200.00 1. Rental fees do not include setup and break down of facility. An additional $20.00 per hour per staff person charge will apply should you require this service. 2. The security deposit will be refunded in full if the facility is returned in the condition in which it was received. B. Category II User Fees 1. Facility Rates (excluding special facilities; i.e., swimming pool, etc.) Facility Type Rate Per Hour Security Deposit Indoor Room under 1,500 sq ft $25.00 $50.00 Indoor Room 1,501 - 3,000 sq ft $45.00 $100.00 Indoor Room 3,001 sq ft & over $60.00 $100.00 Agenda Item No. 161D4 February 13, 2007 Page 6 of 16 Gymnasium $60.00 $100.00 NCRP Indoor Room under 1,500 sq ft $40.00 $50.00 NCRP Indoor Room 1,501 -3.000 sq ft $80.00 $100.00 NCRP Indoor Room 3,001 sq ft & over $125.00 $100.00 NCRP Gymnasium (per court) $60.00 $100.00 Small Pavilion $10.00 $25.00 Large Pavilion $20.00 $25.00 Sugden Amphitheater $60.00 $60.00 Sugden Green Space $60.00 n/a _Open Green Space (100 x 100) $20.00 n/a Athletic Facilities for General Use (i.e. Special Events, Picnics, Carnivals, etc.) $30.00 $80.00 Athletic Facilities for Athletic Use (Football /Soccer, Soft/Baseball, Little League, Sports Pavilion, Roller Hockey) 525.00 n/a Basketball /Racquetball /Volleyball/Tennis Courts $12.00 n/a Lights $10.00 n/a Sugden Regional Park for a Countywide Event $1,200 per day $200.00 Immokalee Airport Park for a Countywide event $1,000 per day $200.00 L Rental fees do not include setup and break down of facility. An additional $20.00 per hour per staff person charge will apply should you require this service. 2. The security deposit will be refunded in full if the facility is returned in the condition in which it was received. C. Additional Fees: Categories I and It Service Additional Fee Per Hour Rental during non - business hours $20.00 (hours that are not normal departmental operation) Additional non - security staff $15.00 per staff member members Additional security staff members $20.00 per hour per staff member needed as determined by department Special requests or additional clean Per hour fee determined by up required department, based on cost D. Beach Parking Facilities Fees; Boat Launch Facilities Fees 1. Beach Parking Facilities Fees Beach parking facilities, including and not limited to, Barefoot Beach Preserve, Barefoot Beach .Access, Clam Pass Park, North Gulf Shore Access, Tigertail Beach, South Marco Beach Access have a parking fee, inclusive of sales tax, at a rate of $6.00 per day. Collier County residents may obtain a beach parking permit at no charge. Permits will be valid for one year. Tourists visitors and seasonal residents may purchase an annual narkine permit for S30.00. Vehicles with permits will be exempt from daily parking fees at all beach parking facilities. Organizations operating excursion or shuttle services will be charged double the per vehicle per day fee. 2. Boat Launch Facilities Fees Boat launch facilities, including and not limited to, Caxambas Park, Cocohatchee River Park, Collier Boulevard Boating Park, and Bayview Park, shall have a launch fee, inclusive of sales tax, at a rate of $5.00 per launch per day. All residents and visitors may purchase boat launch permits for an annual fee of $75.00. These permits 4 Agenda Item No. 161D4 February 13, 2007 Page 7 of 16 are available at all Collier County Parks and Recreation Community Centers. Commercial permits for launch facilities may be acquired at the Collier County Parks and Recreation Department Administration Office for a cost of $100.00 per vehicle plus the $5.00 fee per launch or $500.00 per commercial entity with no launch fee required. Commercial entities purchasing the $500.00 permit are eligible to use up to 5 vehicles for launches. Additional vehicle permits must be purchased for $100.00 each. All permits are good from January 1 to December 31. E. Concession Fees 1. For Each concession booth/location in conjunction with rental (except for NCRP) a $20.00 fee per day or 20% of gross revenues per day, whichever is greater, for each concession booth or location. 2. Concessionaires contracted by the County to serve the general public will pay a negotiated fee in lieu of the general facility use fee schedule. 3. Organizations operating concessions for Collier County co- sponsored leagues will be charged $5.00 per hour of operation. F. Reserved G. Instructional Fees (Contractual Instructors) 1. Programs Fee Assessment: per hour or per participant basis. 2. Non -Staff Instructor(s): The County shall pay 65% to the non -staff instructor(s) and 35% to the County for all such instructional programs conducted on Collier County facilities. 3. The pro- ration for instructional programs conducted on non - county facilities shall be 70% to the non -staff instructor(s) and 30% to the County. H. Athletics 1, Collier County Parks and Recreation Leagues Program Minimum registration fee per participant per league play Adult $30.00 Youth $30.00 Leagues charged on a fee per participant basis may require a sponsor fee. Alternately, leagues may be charged a combined sponsor and players' fee per team as follows: Men's Softball $860.00 Women's Softball $540.00 Church Leagues $710.00 Men's 35 $760.00 Co -Ed & One Pitch Softball $610.00 Men's Soccer $650.00 Co -Ed Soccer $400.00 Adult Flag Football $500.00 Leagues will not be charged field rental fees for practices and games during scheduled league season. 2. Collier County Parks and Recreation Co- sponsored Leagues E Agenda Item No. 16D4 February 13, 2007 Page 8 of 16 Fees are applicable to Category I users only. League Type Fee per participant per league play Adult $30.00 Youth $1.00 (includes play -offs or per registered youth per week all -star play) of league play 3. Clinics: Pro Fatieiis: a. For clinics conducted on any County facility, 65% of the fees go to the group or individual(s) and 35% of the fees go to the County. b. For clinics conducted on any non- County facility, 70% of the fees to the group or individual(s) and 30% of the fees to the County. c. If the clinic is free of charge to participants. regular facility rental fees will apply. 4. Tournament Fees Fees will be determined on a toumament -by- tournament basis based on, but not limited to, the following criteria: direct operational costs, duration of tournament, staffing, merchandise sales, category status, sponsored or co- sponsored parking and food concessions. Collier County Racquet Centers: 1. Pelican Bay Community Park Tennis Facility Service Rate Court Fees $10.00 per person per 12 hr Single .Annual Membership $377.36 Couple Annual Membership $662.00 Y Hour Private Lesson $38.00 1 Hour Private Lesson $65.00 Round Robins $5.00 members $10.00 non - members The above court fees and membership rates do not include sales tax. J. Collier County Aquatic Facilities Key to abbreviations: GGAC = Golden Gate Aquatic Complex, ISC= Immokalee Sports Complex, SNF = Sun -N -Fun Lagoon Family is defined as an adult and, if any, his or her spouse living in the same household, and/or, if any, his or her legal dependents under 18 years of age living in the same household. Fee for Non- Collier County public schools and colleges and universities during regular operating hours is $35.00 per hour unless superseded by separate agreement. Collier County Public Schools are fee exempt; however, they are required to pay $15.00 per hour per lifeguard or instructor, if not during regular operating hours. This fee exemption does not apply to the Sun -N -Fun Lagoon. Rain Check Policy: Upon paid receipt of admission at any Aquatics facility a rain check is issued after 30 minutes have elapsed upon signal from the facility that the pools must be cleared due to inclement weather. This rain check is only valid for individuals who present a paid receipt of admission to the cashier or designee that indicates the individual paid for their admission within a 90 minute time period prior to the signal of clearing the pools. Agenda Item No. 16D4 February 13, 2007 Page 9 of 16 1. Entrance Fees (inclusive of sales tax) 2. Pass Fees (inclusive of sales tax) 3years and under Under 48" Over 48" Senior (60 +vrs) GGAC Free $2.50 $3.00 $2.50 ISC Free $1.00 $1.50 $1.00 SNF Free $5.50 1$10,00 $8.00 2. Pass Fees (inclusive of sales tax) No corporate uiscounts on pool passcs. Annual pass rates are for Collier County residents only. ** Please check dates and hours of operation at facility. 3. Swimming Instructional Fees a Under 48" Over 48" Senior Famil Children's 3/4 hour classes nth $40.00 $60.00 $40.00 $100.00 Private Lessons nth $35.00 $55.00 $35.00 $ 90.00 qSNFAnnu'al al ** $60.00 $80.00 $60.00 $140.00 al ** $50.00 $75.00 $50.00 $125.00 ** $80.00 $110.00 I $80.00 12, 190.00 No corporate uiscounts on pool passcs. Annual pass rates are for Collier County residents only. ** Please check dates and hours of operation at facility. 3. Swimming Instructional Fees 4. Pool Rentals GGAC & ISC (exclusive of sales tax) Each pool includes one staff member. One pool $50.00 first hour Each additional hour $35.00 per hour Each additional pool $35.00 per hour per pool .Additional staff $15.00 per hour per lifeguard 5. Sun -N -Fun Lagoon Fees Group /Facility Rental Fees Lagoon User GGAC ISC Children's '/z hour classes $40.00 per participant $10.00 per participant Children's 3/4 hour classes $45.00 per participant $15.00 per Participant Adult 3/ hour classes $45.00 per participant $15.00 per participant Private Lessons $15.00 per `/z how n/a 4. Pool Rentals GGAC & ISC (exclusive of sales tax) Each pool includes one staff member. One pool $50.00 first hour Each additional hour $35.00 per hour Each additional pool $35.00 per hour per pool .Additional staff $15.00 per hour per lifeguard 5. Sun -N -Fun Lagoon Fees Group /Facility Rental Fees Lagoon User Rate Members of groups of 20 or $4.25 plus tax daily fee more who are less than 48 inches tall Members of groups of 20 or $7.55 plus tax daily fee more who 48 inches tall or taller Entire Facility Rental $1500 per hour, 2 -hour minimum $1000 each additional hour includes staff Partial Facility Rental $200 per hour, per pool (excluding lazy river) $300 for lazy river No exceptions are made to Collier County Aquatic Facility rates. K. Collier County Fitness Centers Key to abbreviations: GGCP = Golden Gate Community Park, ISC= Immokalee Sports Complex, NCRP =North Collier Regional Park, MHCP =Max Hasse Community Park, VTCP= Veterans Community Park 7 L. Skate Parks Agenda Item No. 16D4 February 13, 2007 Page 10 of 16 1. Fitness passes are available in a three- tiered system, with passes offering use of facilities as follows: Facility Daily Fee Tier 1 Pass Tier 2 Pass Tier 3 Pass NCRP Fitness $7 yes no no GGCP Fitness $7 yes ves no MHCP Fitness $7 yes ves no VTCP Fitness $4 yes ves I yes ISC Fitness $4 ves ves yes GGCP Pool Above see 7 yes ves no 1SC Pool Above see 7 yes ves yes NCRP Lap Poo] Above see 7 no no no 2. Fees associated with the pass types above are as follows. Daily walk -in and membership fees are subject to 6% sales tax. 3. Baby - sitting Service $3.00 per child per use $20.00 per 10 -visit card Babysitting service is offered limited hours at Golden Gate Community Park Fitness and North Collier Regional Park Fitness. 4. Corporate Discount on .Annual Passes Discount does not apply to additional family members. Discount is based on employee participation, as follows: Employees Tier i Tier 2 Tier 3 Monthly $35 $33 $20 3 -Month $100 $90 $50 Annual $300 $250 $160 Spouse of Additional Family Member (includes college students up to 25 years of age) $165 $140 $100 Student (ages 13 -18, students ages 13 to 14 must be accompanied by an adult $125 $100 $75 3. Baby - sitting Service $3.00 per child per use $20.00 per 10 -visit card Babysitting service is offered limited hours at Golden Gate Community Park Fitness and North Collier Regional Park Fitness. 4. Corporate Discount on .Annual Passes Discount does not apply to additional family members. Discount is based on employee participation, as follows: Employees Discount 5 -9 10% 10-24 20% 25 and above 40% Annual Membership for Age 21 and under $10 Annual Membership for Age 22 and older $25 M. Collier County Summer Camps, After School Programs, and Collier County Parks and Recreation Specialty Camps 1. Summer Camp (9 week session) 9 -week session $600.00 (each additional child) $540.00 1 -week session $85.00 10% discount on each additional child from the same household after the first_ Agenda Item No. 16 1D4 February 13, 2007 Page 11 of 16 2. After School Camps Session- 19 weeks $475.00 20 weeks $500.00 Transportation cost per week is additional and will be based on the current transportation contract. 3. Holiday Camps 1 -day camp $15.00 1- week camp $85.00 4. Collier County Parks and Recreation Specialty Camps Additional specialty camp fees are competitive market prices based on hours and type of instruction. Ranger Camp per week $100.00 Ski Camp per two weeks $250.00 Sailing camp per two weeks $250.00 N. Refund Policy a. Programs and Classes Satisfaction Guarantee Policy -If you are not satisfied with a class or are unable to participate for any reason, please contact us immediately. Our policy is to provide a 100% credit or refund (your choice) to anyone who makes a WRITTEN request before the start of the second class. Requests received after the second class will entitle participants to a prorated refund. Prorated refunds will be based on the number of classes remaining at the time the written application for refund is made. This offer does not include adult sports leagues or supplies purchased for the class. b. Facility Rentals If you are not satisfied with a facility or inclement weather prohibits usage, a written request must be submitted within 48 hours. The department Director or designee will make a determination if the refund will be granted. c. Point of Sale Refund If you are not satisfied with a facility or a service provided by the department, your request for a refund will be reviewed by the supervisor on duty. Current Finance Department refund policies will be followed. O. Memorial Bench and Tree Donations 1. $2,000 Bench 2. $500 Tree P. Fines for Park and Beach Citations Chapter 89 -440 Laws of Florida authorizes the Board of County Commissioners to designate employees of Collier County Parks and Recreation Department as Park Rangers. The Board of County Commissioners has granted Collier County Park Rangers with certain powers and duties, through Section 246 -28 the Code of Laws and Ordinances. Chapter 97 -347 (Special Act) as amended by Chapter 2006 -337 further authorizing Park Rangers to write citations to appear before the Special Master. Agenda Item No. 16D4 February 13, 2007 Page 12 of 16 80 -47- Parking Citation $35 80 -47- Handicap Parking Citation $250 76 -48- Domestic Animals $30 76 -48- Littering $100 76 -48- Intoxicating Beverages $75 76 -48- Glass Containers $100 76 -48- Fires $100 76 -48- Sea Turtles — Structure on Beach no Interaction $250 76 -48- Sea Turtles — Interruption of Nesting $500 76 -48- Sea Turtles — Grievous Harm Caused $1.000 76 -48- Sea Turtles — Artificial Lighting, Non- Compliance $500 3.11.4- Gopher Tortoise Infraction up to $500 (Land Development Code) 76 -48- Loud Music $100 76 -48- Nudity $100 76- 48- Indecent Exposure $100 76 -48- Blasphemous Language $50 76 -48- Chumming and Blood Baiting $75 76 -48- Protection R. Preservation of Wildlife $50 76 -48- Camping $75 76 -48- Driving Motorized/Non- Motorized Vehicle /Beach $75 76 -48- Deface or Disfigure County Property $250* 76 -48- Protection of Vegetation S50 76 -48- Soliciting $100 76 -48- Removal of Live, Natural Objects $100 76 -48- Removal of Cultural Resources $100 76 -48- Firearms $100 *All efforts will be made to ensure individuals who disfigure or deface County property in addition to the fines cited above pay for the property damage. Q. Golden Gate Community Center 1. Golden Gate Taxing District Boundaries: West Boundarv: Santa Barbara Boulevard to Logan Boulevard to First Avenue SW East Boundary: canal 1 mile east of County Road 951 North Boundary: First Avenue SW over 951 Boulevard and White Boulevard to the canal located 1 mile east of County Road 951 South Boundary: Palm Springs subdivision and Radio Road to Santa Barbara Boulevard 2. User Categories Class I: Charitable, Not - for - Profit organizations Class 11: Not - for - Profit organizations Class III: Civic organizations Class IV: Commercial or For -Profit organizations and any other group or individual 3. Deposit Fees Auditorium $200.00 All Other Rooms $ 50.00 Rental Fees A. Rooms A, B, C, D Category within District outside District 10 Agenda Item No. 16D4 February 13, 2007 Page 13 of 16 Class I No charge No charge Class II No charge approved by Board Class III No charge No charge Class IV Classes III, IV will be required to pay sales tax. 5. Service and Sale of Alcoholic Beverages ( <1,500 sq ft) $10.00/hour $25.00/ hour (1,501- 3,000) $15.001 hour $45.00/ hour (3,001 +) $20.00/ hour $60.00/ hour B. Auditorium Category within District outside District Class I & III No charge No charge Class I1 approved by Board approved by Board Class IV $20.00/hr < 10 pm $60.00/hr < 10 pm $40.00/hr 10 pm + $80.00/hr 10 pm + C. Wheels Amphitheater and Open Area Fees charged in accordance with the Sugden Regional Park Fee Policy for Use for Countywide Events. D. Gymnasium Category General Fee Class I $30.00 per hour any size Fund Raising $20.00 added to rate above Class 1I $60.00 per hour any size Fund Raising $20.00 added to rate above Classes III, IV will be required to pay sales tax. 5. Service and Sale of Alcoholic Beverages A. Serving of Alcoholic Beverages These provisions apply for any event where alcoholic beverages will be available. No alcohol may be made available without a valid Certificate of Insurance on file at the Golden Gate Community Center. User categories Class I and Class I1, as previously defined in Q(2), above, the user must present a General Liability Policy for the date of use which specifically includes contractual liability and host liquor liability in an amount not less than Five Hundred Thousand Dollars ($500,000) at least four (4) weeks prior to the event. As determined by the County Risk Management Director, in the event of above average exposure Five Hundred Thousand Dollars ($500,000) liability coverage shall be required. In the event of unusual or high exposure One Million Dollar ($1,000,000) liability shall be required. B. Sale of Alcoholic Beverages In the event any user intends to sell alcoholic beverages, they will be required to meet all State requirements regarding the sale of alcohol and obtain all required permits. Copies of said permits shall be filed with the Community Center Supervisor. The Center Supervisor shall contact Collier County Department of Risk Management for insurance requirements. C. Rules and Regulations for Users Serving Alcoholic Beverages 1. It is the responsibility of the user that no alcoholic beverage shall be allowed outside assigned meeting room(s) auditorium. 2. The user is responsible to ascertain that no alcoholic beverage shall be served to any person under the age of 21. 11 Agenda Item No. 16D4 February 13, 2007 Page 14 of 16 3. The user shall be responsible for the behavior of any parties with the user's group. 4. The user shall be responsible to assure that no alcoholic beverages are served during the last thirty (30) minutes of user's scheduled event. 5. The user will be responsible for supplying a Certificate of Insurance at least four (4) weeks prior to scheduled event (see insurance provisions). 6. The user will be responsible to comply with Chapter 562, Florida Statues. 7. The user must abide by all other operational policies and procedures of the Golden Gate Community Center. Any violation of any of these rules can result in termination of the event. 8. The user must pay the cost of security provided by the Collier County Sheriff's Office. The fee is payable to Collier County Parks and Recreation at the time of payment for facility use. R. Scholarship /Sliding Fee Scale If applicable, scholarships are available based on a sliding fee schedule. Please see attachment B for income and sliding fee scale rates. Sliding Fee Scale rates are based on Federal Poverty Limit guidelines and are adjusted annually as part of the resolution. Proof of income is verified through wage statements, W -2's, etc. A copy of the fee rules, as hereby amended, is attached. This revised policy shall be effective November 14, 2006. This Resolution adopted this _ majority vote in favor of passage. ATTEST DWIGHT E. BROCK, CLERK By: Deputy Clerk day of , 2006 after motion, second and Approved as to form and legal sufficiency: 0 Robert Zachary Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA L-13 Frank Halas, Chairman 12 Agenda Item No. 161D4 February 13, 2007 Page 15 of 16 04- PKR- 01216/20 Agenda Item No. 16134 February 13. 2007 Page 16 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D4 Item Summary: Recommend approval of a resolution of the Bcar❑ of County Commissioners of Coi:ier Ccumy, Florida re- establishing the Collier Ccunly °arks and Recreation Department Facilities and Outdoor Areas License and Fee Policy, and Superseding Resolution 2005 -296 anc all o;l per Resolutions establishing license and fee poilcy Meeting Date: 2/1312007 9 2C 0C 4M .Approved By Colleen Greene Assistant County Attomer pate County Attorney County Attorney Office 211/2007 3:55 Aft, Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 21 112007 1201 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 2;212007 7:31 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 2/512007 10:36 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 215120071223 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/8/2007 7:08 PM Agenda Item No. 161D5 February 13, 2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to grant a loan to the Collier County Housing Development Corporation (CCHDC) of $200,000 for the construction of an affordable housing unit in Copeland using State Housing Initiative Partnership (SHIP) funds. OBJECTIVE: To grant a loan to the Collier County Housing Development Corporation (CCHDC) of $200,000 for the construction of an affordable housing unit in Copeland using State Housing Initiative Partnership (SHIP) funds. CONSIDERATION: The Collier County Housing & Human Services Department has set aside $200,000 from the SHIP funds for a zero interest loan to the CCHDC. This zero interest loan is provided for by the Demolition with New Construction strategy approved by the Board of County Commissioners in the amended three -year SHIP Housing Assistance Plan on October 10, 2006. The CCHDC acquired land in Copeland in order to demolish an uninhabitable mobile home and replace it with a home that will be sold to a qualifying low income family. FISCAL IMPACT: Approval of this loan will grant a zero interest loan in the amount of $200,000 to the CCHDC from the SHIP Affordable Housing Trust Fund. The loan shall be repaid to the County when the home is sold to a qualifying low income family. Recording costs for this loan will be paid to the Clerk of Courts from the Affordable Housing Trust Fund. GROWTH MANAGEMENT IMPACT: This loan to the CCHDC will allow Collier County to enhance the development of affordable housing in accordance with the Housing Element of the Growth Management Plan of Collier County. The removal of the uninhabitable mobile home will improve slum and blight conditions in one of Collier County's targeted areas. LEGAL CONSIDERATIONS: This request is internally consistent, complies with all applicable laws and is legally sufficient for Board consideration and approval. RECOMMENDATION: To grant a loan to the Collier County Housing Development Corporation (CCHDC) of $200,000 for the construction of an affordable housing unit in Copeland using State Housing Initiative Partnership (SHIP) funds and to direct the County Manager or his designee to execute any corresponding sub - recipient or loan agreements after review for legal sufficiency by the County Attorney's Office. PREPARED BY: Lauren Beard/SHIP Program Coordinator Housing & Human Services r..a Agenda Item. No, 16D5 February 13, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1605 Recommendation to grant a loan to the Collier County Housing Development Corporation Item Summary: (CCHDC) of $200,000 for the construction of an affordable housing unit in Copeland using State Housing Initiative Partnership (SHIP) funds. Meeting Date: 271312007 9.00:00 AM Prepared By Cormac Giblin Housing Development Manager Date Public Services Housing & Human Services /12612007 2:55:31 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 1126/2007 3:03 PM Approved By Cormac Giblin Housing Development Manager Date Public Services Housing & Human Services 113012007 11:56 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 1130;2007 2:13 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 2/112007 12:21 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 211/2007 4:19 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 2!212007 4:49 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 216!2007 9:53 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 2/612007 6:43 PM Commissioners Agenda Item No. 161D6 February 13, 2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to name the skate park at East Naples Community Park "Velocity Skate Park" Obi_ ectiye: To appropriately market the skate park facility at East Naples Community Park Considerations: During the month of December, 2006, the Parks and Recreation Department held a contest with the skate park members to name the skate park at East Naples Community Park. The suggestion to name the park originated with the skaters themselves at an open meeting in November. Giving the skate park a fun and catchy name will support the overall marketing strategies identified for the Department as well as giving this popular skate park an identity with members and the community. Many creative and viable alternatives were offered by the skaters and the top four were presented to the Parks and Recreation Advisory Board who narrowed the choice down to two. From these two, Parks and Recreation staff chose "Velocity Skate Park ", the most popular one with the skaters, the Department Marketing Coordinator, the Division Public Information Officer, and staff who will supervise the skate park. "Velocity Skate Park" meets the criteria outlined above, and also complies with the ,. Board- approved Policy for Naming County -Owned Buildings, Structures or Facilities Paragraph I., which stipulates that "each County -owned building, structure, or facility, or integral part therein, ... shall be named based upon the function(s) the facility performs or the services provided to the public from the facility." According to the County Attorney's office this name does not violate any trademark laws. Fiscal Impact: No fiscal impact is associated with this action. Growth Management Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners names the skate park at East Naples Community Park "Velocity Skate Park." Prepared by: Shari Ferguson, Regional Manager, Parks and Recreation Agenda Item No. 16D6 February 13, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D6 ^^- Item Summary: Recommendation to name the skate park at East Naples Community Park Velocity Skate Park Meeting Date: 2/13/2007 9:00.00 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 1/30/2007 2:45 PM Approved By Barry Williams Director Date Public Services Parks and Recreation 113112007 4:54 PM Approved By Maria Ramsey Public Services Administrator Date Public Services Public Services Admin. 2/112007 2:18 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 21112007 4:29 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 2/212007 4:40 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 21212007 4:42 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 2/512007 E:02 AM Commissioners Agenda Item No. 161D7 February 13, 2007 Page 1 of 7 EXECUTIVE SUMMARY Recommend approval of resolution of the Board of County Commissioners of Collier County, Florida, establishing and implementing revised beach parking fees and rules in compliance with an agreement with Florida Department of Environmental Protection; repealing resolution No. 2002 -430. OBJECTIVE: To approve a resolution establishing and implementing a revised beach parking policy and repealing the current beach parking policy found in Resolution No. 2002 -430. CONSIDERATIONS: Collier County has entered into an agreement with the Florida Department of Environmental Protection to assure that all residents and visitors to Collier County have equal access to beach parking facilities. The new beach parking policy: 1. Will maximize revenue contribution by the State of Florida. 2. Provide the opportunity for visitors, tourists and seasonal residents to purchase an annual parking permit equal to the cost of a residents' beach parking permit. �-- 3. Potentially decrease the cost of maintaining parking infrastructure. In general, the revised policy proposes that all visitors, tourists and seasonal resident be given the opportunity to purchase an annual parking permit/sticker on an equal basis as Collier County residents. Specifically, the revised policy is proposed as follows: Annual beach parking permits would be obtained by residents in a similar fashion to the current program and procedures. Residency will be the only requirement to obtain a beach parking permit. Permits will be required on an annual basis. Beach parking permits to residents will appear to be free. However, when a beach parking sticker is issued to a resident the 001 Fund, commonly referred to as the "General Fund" will be debited the annual cost of a beach parking sticker and transferred into a "Beach Parking Revenue Fund ". This transaction will establish a uniform price for beach parking permits provided for the residents as paid for through ad valorem taxes. Parking will be available at all Collier County beach parking facilities without charge with a permit. • All visitors, tourists and seasonal residents will have the opportunity to purchase an annual beach parking permit. This will allow parking on an equal basis with Collier County residents. Parking will be available at all Collier County beach parking facilities without an additional charge with a permit. Agenda Item No. 10D7 February 13, 2007 Page 2 of 7 • If tourists, visitors and /or seasonal residents choose not to purchase an annual parking permit, visitors may pay the daily fee to park at Collier County beach parking facilities metered parking spaces. • A $30 fee is proposed for the value of the annual beach parking permit/sticker. Locations to purchase beach parking permits by visitors /tourists as well as enforcement might need to be enhanced. It is anticipated that the existing infrastructure framework would support any enhancement that might be necessary. Metered beach parking within the county will be maintained. However, as time progresses and parking meters fail, some or all of the metered spaces might be converted to beach parking permit spots. Maintenance costs would be reduced by eliminating some or all of the coin operated meters. In addition, parking enforcement would be streamlined and/or enhanced by eliminating the need to view a reduced number or no meters for time expiration verses drive -by inspection of bumper stickers. COUNTY ATTORNEY FINDING: County Attorney has reviewed and approved this item for legal sufficiency. CITY OF NAPLES AND ADVISORY COMMITTEE RECOMMENDATIONS: This item was approved by the CAC on January 11, 2007. The TDC approved this item on January 17, 2007 with the stipulation that this new policy is revenue neutral to the City of Naples. The City of Naples on January 17, 2007 approved adopting this Revised Parking Policy contingent upon financial reimbursement details being successfully resolved between the County Manager and the City Manager. On January 23, 2007, the Board of County Commissioners approved the revised Beach Parking Policy and authorized staff to amend Ordinance 89 -17 and/or Resolution 2002 -430 as necessary. FISCAL IMPACT: The Source of funds is from General Fund Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: To approve resolution of the Board of County Commissioners of Collier County, Florida, establishing and implementing revised beach parking fees and policies in compliance with an agreement with Florida Department of Environmental Protection; repealing resolution No. 2002 -430, approve all necessary budget amendments and authorize Chairman to execute necessary documents. PREPARED BY: Gary McAlpin, Coastal Project Manager Agenda Item No. 16D7 February 13. 2007 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D7 of the Board of County Commissioners of Collier County.. Item Summary: Recommend approval of resolution Flonda, establishing and implementing revised beach parking fees and rules in compliance with an agreement with Florida Department of Environmental Protection, repealing Resolution No 2002 -430, Meeting Date: 2/13/2007 9.00.00 AM Approved By Gary McAlpm Costal Project Manager Date Public Services Coastal Zone Management 113012007 4:08 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 1130/2007 4:32 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 1131/2007 8:20 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 2/112007 2:44 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 21112007 4:20 PM Approved By Mark isackson Budget Analyst Date County Manager's Office Office of Management & Budget 2/5/2007 3:43 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 21612007 4:14 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 216I2007 8:59 PM Commissioners Agenda Item No, 161D7 February 13, 2007 Page 4 of 7 RESOLUTION No. 2007 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING AND IMPLEMENTING REVISED BEACH PARKING FEES AND RULES IN COMPLIANCE WITH AN AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; REPEALING RESOLUTION NO. 2002 -430 WHEREAS, by adoption of Resolution No. 99 -240 on May 25, 1999, the Board of County Commissioners of Collier County, Florida, formally affirmed the County's policies regarding fees for parking vehicles at the County's beach parking facilities as specified in that Resolution; WHEREAS, Collier County has entered into an agreement with Florida's Department of Environmental Protection designed to make beach parking available to the general public on an equal basis. This policy was approved by the Board of County Commissioners on January 23, 2007; WHEREAS, Collier County has determined that an annual beach parking permit currently has approximately a $30.00 value; WHEREAS, Collier County will continue to provide beach parking permits to its residents without charge based on ad valorem taxes assessed against residential real property located in Collier County, which are used in part to pay for the County's expenses and the City of Naples' expenses related to the subject public beach facilities; such taxes are not paid by persons who are not permanent residents of Collier County or who do not own such real property; and WHEREAS, annual beach parking permits will be available for sale for the general public including visitors, tourists, and seasonal residents at a price equal to the value of the parking permit paid for by County- residents. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. FINDINGS AND PURPOSE. The above WHEREAS CLAUSES are incorporated herein by reference as if restated verbatim in this section. These Rules may be amended fi•om time -to -time by Resolution(s) of the Board of County Commissioners of Collier County. The Board of County Commissioners makes the following findings of fact: Agenda Item No. 16D7 February 13, 2007 Page 5 of 7 1. Collier County beach parking facilities are used by County residents, visitors, tourists, and seasonal residents each day. 2. Costs to provide beach parking facilities and to police, maintain and repair beaches, and to expand such parking facilities or construct new beach parking facilities increase with the increasing numbers of vehicles that are parked at those beach parking facilities. 3. This Resolution is to facilitate collection of those parking fees. SECTION TWO. APPLICABLE BEACH FACILITY LOCATIONS. 1. Parking fees and parking permits apply to the following beach parking facilities in Collier County. a. Barefoot Beach Access. b. Barefoot Beach Preserve Park. C. Vanderbilt Beach Park. d. Vanderbilt Beach Access. e. Conner Park. f. Bluebill Temporary Beach Access. g. Calm Pass Park. h. North Gulf Shore Beach Access. i. Tigertail Beach. j. South Marco Beach Park. 2. Additional beach parking facilities may be added to this list from time -to -time by Resolution(s) adopted by the Board of County Commissioners. 3. The annual beach parking permits will also be honored at beaches within the City of Naples. SECTION THREE. BEACH FACILITY PARKING FEES. The County's beach parking fees are: A. As set forth by the Parks and Recreation Department's Facilities and Outdoor Areas License and Fee Policy; B. Annual parking permits are available for residents of Collier County with proof of residency. Fees for resident annual parking permits will be paid by the County out of ad valorem taxes. Agenda item No. 16D7 February 13, 2007 Page 6 of 7 C. When an annual beach parking sticker is issued to a resident the 001 Fund, commonly referred to as the "General Fund" will be debited the annual cost of a beach parking sticker and transferred into a "Beach Parking Revenue Fund." D. Collier County's visitors, tourists, and seasonal residents may purchase an annual parking permit at a County facility for the same price at which the permit is available to residents. The cost is currently $30.00 annually. E. Residents and visitors may also choose to pay daily parking fees through parking meters or by direct collection by authorized county personnel at the appropriate beach parking facilities. F. Residents and visitors with parking permits may park free of charge at any County and City of Naples beach parking facilities including parking meters found at beach parking facilities. SECTION FOUR. VEHICLE EXEMPTION FROM BEACH FACILITY PARKING FEES FOR PERMANENT COLLIER COUNTY RESIDENTS; PROOF OF RESIDENCY IN COLLIER COUNTY. A. Only vehicles with valid beach parking permits shall be exempt from any beach facility parking fees. SECTION FIVE. RESTRICTED PARKING AREAS. Pursuant to Section FOUR of Collier County Ordinance No. 80 -47, as amended, each parking space at any the above - listed "Applicable Beach Facility Locations" is a geographic area where vehicle parking is allowed with a valid vehicle parking sticker or the applicable beach parking fees have been paid to park that vehicle. SECTION SIX. PARKING CITATIONS. Pursuant to Chapter 89 -449, Laws of Florida, as now or hereafter amended, and pursuant to Resolution(s) that may be adopted from time -to -time by the Board of County Commissioners in conjunction with Chapter 89 -449, Collier County Park Rangers are authorized by that Special Act to issue parking citations at each beach facility in accordance with Ordinance No. 80 -47, as now or hereafter amended, or as that Ordinance may be superseded in function by subsequent ordinance(s). Agenda Item No. 161D7 February 13, 2007 Page 7 of 7 SECTION SEVEN. REPEAL OF RESOLUTION NO. 99-240. Collier County Resolution No. 2002 -430, expressing the County's current policies regarding exemptions from these beach facilities parking fees is hereby repealed in its entirety. This Resolution adopted this day of motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: Colleen M. Greene Assistant County Attorney 2007, after BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA JAMES N. COLETTA, Chairman Agenda Item No. 161D8 February 13, 2007 Page 1 of 2 -- EXECUTIVE SUMMARY Recommendation to approve a budget amendment appropriating $40,000 from reserves to fund the remedial action plan assessment in response to the fuel spill at Caxambas Park. Objective: To comply with State regulations for protection of the environment in response to potentially adverse incidents. Considerations: On September, 21 2005 the fuel tank at Caxambas Park failed. DEP required an "Initial Remedial Action and Site Assessment" (SAR) be performed to determine the long term remediation that may be required for the site. This Site Assessment Report was completed and submitted to DEP in October 2006. DEP responded with a letter dated December 11, 2006 that a Remedial Action Plan (RAP) should be prepared for the site. Mactec who submitted the SAR to DEP has provided a proposal under Collier County Contract #03 -3427 to prepare the RAP for $40,000. Fiscal Impact: Staff has prepared a budget amendment appropriating $40,000 from boating capital reserves (Fund 306) to fund the Remedial Action Plan in response to the fuel spill at Caxambas Park (Project #80044). Growth Management Impact: No growth management impact is associated with this action. Recommendation: That the Board of County Commissioners approves a budget amendment appropriating $40,000 from reserves to fund the Remedial Action Plan in response to the fuel spill at Caxambas Park. Prepared by: Raymond Carter, Project Manager, Parks and Recreation Department Agenda Item No. 16D8 February 13. 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16DB Recommendation to approve a budget amendment appropriating $40,000 from Reserves to Item Summary: fund the Remediai Action Plan Assessment in response to the fuel spill at Caxambas Park. Meeting Date: 2113/2007 9.00 -.00 AM Prepared By Barry Williams Director Date Public Services Parks and Recreation 1/3012007 10:17:35 AM Approved By Barry Williams Director Date Public Services Parks and Recreation 1131/2007 4:49 PM Approved By Susan Capasso Operations Coordinator Date Public Services Parks and Recreation 211/2007 10:28 AM Approved By Tona Nelson Senior Admin Assistant Date Public Services Parks and Recreation 21112007 10:29 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 21112007 2:34 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 211/2007 4:25 PM Approved By Susan Usher Senior ManagementfBudget Analyst Date County Manager's Office Office of Management & Budget 2/5/2007 9:40 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 2/5/2007 12:17 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 2161'2007 7:39 PM Commissioners Agenda Item No. 161D9 February 13, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners authorize the use of $144,305 from the Housing and Human Services Department to be used as a part of a local match requirement to obtain State and Federal funding to continue operation of the Horizons Primary Care Clinic in the Golden Gate area. OBJECTIVE: To use existing budgeted funds within the Housing and Human Services Department to continue operating the Horizons Primary Care Clinic in the Golden Gate area of Collier County. CONSIDERATIONS: The Agency for Health Care Administration (AHCA) is the State entity that provides Medicaid services in Florida and operates the Hospital Lower Income Pool (LIP) program. This program takes local funds and through an agreement between local government and AHCA uses these funds to obtain Federal matching dollars. Collier Health Services, Inc., (CHSI) a Federal Qualified Health Center, has qualified to participate in funding with the Agency for Health Care Administration (AHCA) Lower Income Pool program. This program requires a local county match of $144,305 and the Board of County Commissioners has already agreed to partner with Collier Health Services, Inc. and provide funds from the current Human Services budget. By signing this agreement with AHCA, Collier County Government will be able to transfer said funds to the state office. Upon receipt, AHCA will match these funds with Federal dollars and transfer a total of $700,000 to CHSI for disbursement of the funds.. CHSI will utilize the additional LIP monies to increase the provision of health services for the Medicaid, uninsured, and underinsured people of the County and the State of Florida at large, specifically for Horizons Clinic. FISCAL IMPACT: Funding for this program is included in the Human Services FY07 budget and will not exceed an annual cost of $144,305. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve and sign the agreement with the Agency for Health Care Administration. Prepared by: Marcy Krumbine, Director, Housing and Human Services Department Agenda Item No. 16D9 February 13, 2007 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16019 Recommendation that the Board of County Commissioners authorize the use of $144,305 Item Summary: from the Housing and Human Services Department to be used as a part of a local match requirement to obtain State and Federal funding to continue operation of the Horizons Primary Care Clinic in the Golden Gate area. Meeting Date: 271312007 5:00'.00 AM Prepared By Marcy Krumbine Director Date Public Services Housing & Human Services 1131(2007 8:35:51 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 21112007 1:23 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 21112007 4:31 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 212/2007 5:02 PM Approved By Michael Smykowski Panagement & Budget Director Date County Manager's Office Office of Management & Budget 21212007 5:11 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 213!2007 9:03 AM Commissioners Agenda Item No. 16D9 February 13, 2007 Page 3 of 6 Letter of Agreement THIS LETTER OF AGREEMENT made and entered into in duplicate on the day of , 2007, 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 $144,305. 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: i. The Disproportionate Share Hospital (DSH) program. ii. The removal of inpatient and outpatient reimbursement ceilings for teaching, specialty and community health education program hospitals. iii. 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. vii. Medicaid LIP payments to hospitals in the approved appropriations categories referenced as LIP1, LIP2, and LIP3. viii. 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. Agenda Item No. 161D9 February 13, 2007 Page 4 of 6 _ 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 $144,305. The County will transfer payments to the State in the following manner: a) The first quarterly payment of $36,077 for the months of July, August, and September is due upon notification by the Agency. b) Each successive payment of $36,076 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 is $ 700,000. 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. Agenda Item No. 16D9 February 13, 2607 Page 5 of 6 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 Deputy Clerk Approved as to form and legal sufficiency /) Assistant CoGty Attorney Collier County App_September S, 2006, 8M. COLLIER COUN'T'Y HUMAN SERVICES BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA James Coletta, Chairman Board of County Commissioners Date: STATE OF FLORIDA: Mot Carlton D. Snipes Assistant Deputy Secretary for Medicaid Finance Agency for Health Care Administration Date Agenda item No. 16D9 February 13, 2007 Page 6 of 6 Local Government Intergovernmental Transfers Program / Amount State Fiscal Year 2006 -2007 DSH* LIP */Rate Exemptions Statewide Issues Total Funding $144,305 *Included in the Low Income Pool (LIP) 2 category methodology. App_September 5, 2006, 8M. Agenda Item No. 16D10 February 13, 2007 EXECUTIVE SUMMARY Page 1 of 6 Recommendation to award Bid No. 07 -4084, Pool Chemicals and related supplies to Allied Universal Corporation, Commercial Energy Specialists, Inc., Recreonics, Inc. and NUCO2 at an estimated cost of $200,000 OBJECTIVE: To supply chemicals and equipment to aquatic facilities at the lowest possible cost and to establish vendors for all County aquatic centers. CONSIDERATION: The Purchasing Department is responsible for placing bids, for as- needed contracts for pool chemicals, supplies, and equipment for Parks and Recreation Department use. The Purchasing Department sent out twenty -nine (29) requests for bids to firms who provide these chemicals and supplies. On November 15, 2006, bids from six (6) firms were opened. A bid tabulation sheet is attached for review. Based on the diversity of chemicals and supplies, staff is recommending the following multi facetted award. Product Primary Vendor Secondary Other Vendor Information Liquid Sodium Hypochlorite Allied Universal Bulk Delivery 10.5% manufactured by a Corporation continuous process Sulfuric Acid and pool Commercial Energy Bulk Delivery chemicals Specialists, Inc. Pool supplies and equipment Recreonics, Inc. Commercial Energy Specialists, Inc. Carbon Dioxide Gas NUCO2 Bulk Delivery Sole Source FISCAL IMPACT: $200,000 is currently appropriated in the Parks and Recreation Operations Budget for pool chemicals and related supplies. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award Bid No. 07- 4084, Pool Chemicals and Supplies to Allied Universal Corporation for Liquid Sodium Hypochlorite; Commercial Energy Specialists, Inc. for Sulfuric Acid and pool chemicals; and Recreonics, Inc. as primary vendor, and Commercial Energy Specialists, Inc., as secondary vendor for pool supplies and equipment; and bulk CO2 gas delivery to NUCO2 as a sole source vendor. 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S CD = § 0 3 C) \ S E / / § / _0 U �% k= \ k o .m_ ® _ \ = cm E \ 0E 0 C \ L J «_\ 7� \/ /\ . Z c HE \ 0 « E o k O = £ = U �§ Eco z I \\ cr c f \ � 3/ 3cn 3/ << ƒ± Agenda Item No. 16010 February 13, 2007 Page 6 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D10 Item Summary: Recommendation to Award bid number 07 -4084 for Pool Chemicals and Supplies to various vendors. These chemicals and supplies will be used in County Park and Recreation Department aquatic facilities. Meeting Date: 2/13/2007 9:00:00 4M Prepared By Mary Ellen Donner Assistant Director Date Public Services Parks and Recreation 1130/2007 11:24:51 AM Approved By Susan Capasso Operations Coordinator Date Public Services Parks and Recreation 112912007 8:56 AM Approved By Tana Nelson Senior Admin Assistant Date Public Services Parks and Recreation 113012007 11:25 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 1!3012007 11:28 AM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 1/30/20074:24 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 1/3112007 8:033 AM Approved By Barry Williams Director Date ..,. Public Services Parks and Recreation 113112007 4:52 PM Approved By Steve Cannot Purchasing /General Svcs Director Date Administrative Services Purchasing 2/1 /2007 10:23 AM Approved By Maria Ramsey Public Services Administrator Date Public Services Public Services Admin, 2/1/2007 3:38 PM Approved By OMB Coordinator Adminishative Assistant Date County Manager's Office Office of Management & Budget 2/1;2007 4:20 PM Approved By Sherry Pryor Management & Budget Ann lyst Date County Managers Office Office of R /anagement & Budget 202007 4:57 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 2/2/2007 5:06 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 202007 6:46 PM Agenda Item No. 16D11 February 13, 2007 Page 1 of 49 EXECUTIVE SUMMARY Recommendation to approve application and Memorandum of Understanding for a Safe Havens: Supervised Visitation and Safe Exchange Grant in the amount of $200,000 from the United States Department of Justice and, if awarded, to serve as the Fiscal Agent and to authorize staff to negotiate a subrecipient agreement with Child Advocacy Council (d.b.a. Child Protection Team) OBJECTIVE: To approve application for Safe Havens: Supervised Visitation and Safe Exchange Grant from the United States Department of Justice, Office on Violence Against Women for Child Advocacy Council to expand domestic violence family assessments, case management, supervised visitation and monitored exchanges for children whose parents have been court ordered for these services. CONSIDERATIONS: Staff members from the Collier County Child Advocacy Council (d.b.a. Child Protection Team) asked Collier County to serve as the applicant for a Safe Havens: Supervised Visitation and Safe Exchanged Grant. By statute, this grant may only be awarded to states, Indian Tribal governments and units of local government that propose to enter into or expand the scope of existing contracts and cooperative agreements with public or private nonprofit entities to provide supervised visitation and safe visitation exchange of children by and between parents in situations involving domestic violence, child abuse, sexual assault or stalking. The Collier County Board of County Commissioners has had a working relationship with the Collier County Child Advocacy Council (d.b.a. Child Protection Team) since 1992 working through the Human Services Department to pay for medical exams of abused children according to Florida Statute 39.304(5). As the only not for profit agency in Collier that provides supervised visitation and safe exchanges for victims of domestic violence and their children, the Collier County Child Advocacy Council is the only nonprofit eligible to carry out the programmatic end of the program if the grant is awarded. The program provides a domestic violence family assessment for the court that considers the safety of the children and adult victims. Because the agency has the expertise in child abuse and neglect, the courts frequently refer the most severe cases to this agency. In 2006 this program served 215 children and adult victims of domestic violence. Families received services for an average of six months to a year. Each case manager has from 30 to 50 open cases. There are three full time staff, two case managers and a program director. An off duty Naples police officer is employed for eight hours per week on Sunday to provide security. If the grant is awarded, funding will be used to improve supervised visitation services, enhance security and expand center services to underserved populations. The goals are to Agenda Item No. 1ED11 February 13; 2007 Page 2 of 49 keep children and adult victims safe, to provide a positive environment for visitation and exchanges and to assist families through their crisis with case management, support to victims and their children and with community referrals. This is a collaborative grant through the United States Department of Justice which would involve a joint commitment from Collier County Government which would serve as the fiscal entity for the project, the 20`' Judicial Circuit Court, which would continue to provide referrals for the supervised visitation services, and the Collier County Child Advocacy Council, which would provide the direct services for the supervised visitation. The Shelter for Abused Women and Children, another partner, will provide training to visitation staff and local law enforcement and to court representatives regarding domestic violence issues and supervised visitation. As the Family Visitation Center is a program of the local Children's Advocacy Center (CAC), they will provide training for the partners on child abuse and neglect. If awarded, the grant agreement and subrecipient agreement will be brought back to the Board of County Commissioners for approval. As Fiscal Entity for the grant, Collier County will be responsible for ensuring compliance with the programmatic and financial reporting requirements of the Office on Violence Against Women and will be required to assume a level of monitoring responsibility to ensure the Child Advocacy Council is in compliance with all grant requirements. If the requirements are not met, Collier County will be responsible for carrying out the program, return the grant or be subject to other requirements set forth by the Office on Violence Against Women. FISCAL IMPACT: Serving as the fiscal entity for the administration of this project will require a minimal amount of staff involvement. Administrative expenses and travel associated with the grant will be included in the application resulting in no further fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact due to this request. RECOMMENDATION: That the Board of County Commissioners: 1. Approve submittal of an application for the Safe Havens: Supervised Visitation and Safe Exchange Grant for $200,000, 2. Authorize the Chairman to sign the Memorandum of Understanding, 3. Authorize the Chairman to sign the Certification of Nonsupplanting, and 4. Designate the Public Services Administrator, or designee, to be the signing authority to complete the online application, standard assurances and certifications and all other electronic application documents on behalf of Collier County. Prepared by: Marcy Krumbine, Director, Housing and Human Services Department Agenda Item No. 1SD1I February 13.2O07 Page 3 of 49 agenda Item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DR-AFT ... DRAFT...DI T4 of 49 Safe Havens Abstract /Froposal Summary The county government of Collier County, Florida is applying for the Safe Havens Grant Program to further strengthen existing supervised visitation services and expand services to the underserved population in our community. We are requesting $200,000 for the two year standard implementation grant. We plan to continue our contract with the Collier County Child Advocacy Council to provide supervised visitation and safe exchanges for battered women and their children. The overarchi ig goal of the visitation program is to keep child and adult victims safe by providing a secure, -espectful and child friendly environment for supervised visitation and exchanges. The goals a id objectives of this proposal focus on increasing access to supervised visitation and exchange: services, improving communication with the courts and implementing services which are responsive to the needs of battered women and their children. Each time the center conducts a supervised visit or monitors a safe exchange; they are preventing a possible incidence of violence. Working with the courts, the visitation agency monitors referrals to batterer's intervention programs and to substance abuse treatment facilities in order to hold batterers accountable for their actions. An outcome of the partnership with the certified domestic violence center, the visitation agency, the county sheriff's department and other victim serving agencies is to increase the ability for our community to work collaboratively on behalf of victims of domestic violence, sexual assault, child abuse and stalking. Collier County is geographically the largest county in Florida and includes the rural predominantly migrant community of Immokalee. In the Immokalee elementary schools over 96% of the children receive free or reduced lunch and over 34% have limited English proficiency. We need to continue to broaden the client base and to connect both linguistically and culturally with the underserved population as well as serve the needs specific to the community of Immokalee. Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 1 Agenda Item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT...DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DI T5 of 49 Safe Havens Proposal Status of the Project The Collier County was notified of our Safe Havens award at the end of September, 2005. However, we experienced a severe setback with our plans. On October 24, 2005, Hurricane Wilma devastated our community. Collier County staff had to run the local emergency operations center. The visitation agency building lost its roof and experienced major damage and they had to operate in donated office space until their building was reconstructed. Despite the delayed start, a bilingual case manager was hired and began working in December. The visitation program director provided training to the staff at the local domestic violence center on supervised visitation including the appropriate referrals, security issues, and project outcomes. The Shelter for Abused Women's staff provided training on domestic violence risk assessment, addressing the needs of victims and on non - violent crisis intervention. Current Goals and Objectives Goal #1 To provide a safe environment for families and staff.- Achieved Objectives: 1. To document all critical incidents and follow up with the court as needed. No critical incidents occurred since initiation of the grant program. 2. To train all staff in safe visitation practices. All received training in safe visitation practices 3. To provide security for visitation services. Off duty police officers provided security for eight hours every Sunday. Goal # 2 To provide a positive experience for 50 children and 30 adult victims.- (Achieved) Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 2 Aaenda Item No. 16D11 4 February 13, 2007 DRAFT... DRAFT...DRAFT ... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ... DieMT6 of 49 Objectives: 1. To assist parents in the establishment of appropriate and consistent visitation schedules. Sixty three families with 101 children have been served by this program. Every family served was assisted with developing a visitation schedule. 2. To require parents to follow the rules of the center regarding visits and exchanges. All parents reviewed and signed the rules for visitation. The rules have been translated into Spanish. 3. To provide a child friendly environment with age appropriate toys and activities. The visitation center provided a child friendly environment for all visits and exchanges. New educational toys have been donated for both the Naples and Immokalee offices. Goal #3 To assist 30 families in resolving their crisis and assist them in the healing process.(In progress) Objectives: 1. To maintain communication with the local court regarding the needs of children and families. Progress reports were sent to the Court regarding the progress for each of the 63 families served by this project. 2. To refer for and track needed services and advocate for the needs of the underserved victims. Contacts have been made with providers in Immokalee regarding the needs of the families who might benefit from supervised visitation services. Referrals made by the visitation center to community providers are documented in each file. 3. To coordinate victim services with the community domestic violence center. Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 3 Agenda Item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DI T7 of 49 Shared trainings have been held with the community domestic violence center. The bilingual case manager has been asked to present to support group meetings held at the domestic violence center and the visitation agency had a table at two community health fairs in Immokalee as an effort to reach out to victims. OVW Sponsored Trainings Attended • OVW New Grantee Orientation Meeting, Washington, DC February 6, 7, 8, 2006 • US. Department of Justice Programs Regional Financial Management Training Seminar January 1 I -12, 2006 Lansdowne, VA and July 11 th — 12th 2006, Dallas, TX • Best Practices For Serving Immigrant Victims Miami, FL June 12, 13, 14, 2006 • Changing the Buzz: From Impact of Harm to Power of Assets for Children Exposed to Domestic Violence Albuquerque, New Mexico August 17 -18, 2006 • Safe Havens Landscape— Integrating Safety for Victims of Domestic Violence into Everyday Practice St. Paul, Minnesota Octoberl7, 18, 19, 2006 • Best Practices for Serving Immigrant Survivors San Antonio, TX February 5, 6, 7, 2007 Praxis Telephone Training • Removing Barriers: Language Accessibility at Supervised Visitation and Safe Exchange Centers on March 1, 8, 15, 2006. • Keeping the Voice of Battered Women in Visitation Center Services on May 3, 10, 17, 91• • Working with Children Who Have Lived with a Batterer: What Supervised Visitation Center Staff Need to Know on August 2, 9, and 16, 2006 Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 4 Agenda Item No. 16D11 February 13; 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DI T8 of 49 • The Co- occurrence of Domestic Violence and Child Sexual Abuse on December 6 and 13 , 2006. The Safe Havens funding has been instrumental in expanding supervised visitation services particularly to the rural underserved community of Immokalee. The visitation center was able to maintain a presence in the community with a bilingual case manager. This case manager by who not only provided supervised visitation and exchange services but through community networking also assisted battered women and their children with accessing child support services, prenatal health care, housing and essential items such as diapers, fans, cribs and clothing. This grant provided a unique opportunity to reach victims of domestic violence who would not have had the support to remain free of their abusers due to severe economic and cultural pressures. Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 5 Agenda Item No, 16D11 February 13, 2007 DRAFT... DRAFT...DRAFT ... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DI T9 of 49 Proiect Narrative Purpose of the Application Domestic violence is extremely damaging the women and children who live with it and has a profound affect upon their behavioral, psychological, developmental, cognitive and social functioning. The newspaper headlines all too frequently report tragedies in which women and their children were killed or seriously injured in situations involving domestic violence. The batterer's motivation to intimidate their victims through the children increases when the couple separates because of the loss of other ways to exert control (Bancroft and Silverman, 2002.) Batterers routinely attempt to manipulate service providers such as police, the courts and visitation agency staff by minimizing their own responsibility and continuing to abuse their victims through these systems. Supervised visitation services in such cases can be an important component in avoiding further incidences of domestic violence. Supervised visitation and monitored exchange provide safety for battered women and their children by allowing for safe contact for the perpetrator with the children and monitoring the ongoing risks. The National Council of Juvenile and Family Court Judges recommends (Greenbook Recommendation 65) that "The juvenile court should require that safe visitation and visitation exchange locations be utilized so that supervised visits and exchanges will be safe for the child and for the battered woman." Utilizing family members or locations such as police stations and fast food restaurants do not adequately provide the safety that is so critical especially at this time of separation. A major finding of the Florida Domestic Violence Fatality Review Team (2005 -2006) was that there was a need for improved coordinated community response to domestic violence in the judicial circuit and sharing of information among agencies. Mental health issues and prior domestic violence history were found in the majority of the fatality cases reviewed. The Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 6 Agenda (tern No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ... DRAFT...DRAFTO of 49 recommendations of the same team included the need for increased public awareness particularly among immigrant populations and for more public awareness and education of increased lethal risk upon separation from an abusive relationship. The Fatality Review Team recommended services be implemented that prevent future patterns of behavior and victimization. Supervised visitation and safe exchange services prevent further victimization by assisting battered women and their children by allowing for contact for the children with the batterer after separation while maintaining safety. Some battered women are conflicted about leaving their abuser or minimize the impact of the violence and they fear that their children will be hurt by not having a father present even when he has been abusive to her. Others are fearful of his violence toward the children and are concerned about the risk of further harm due to substance abuse, mental illness or abduction. Agencies face a daunting task in serving these families. "Safety for women who have been abused must thoughtfully consider their parenting role. Our understanding of the needs of these women must be informed by their challenges as parents. Compartmentalizing mothers' needs as adult victims and their needs as parents of children who are traumatized may match an individual agency's function, but not a victim's reality." (Jaffe and Crooks, 2005) Our local community faces many challenges when providing services to families. Collier County, Florida is the second fastest growing metropolitan area in the nation (2000 U.S. Census). With growth there is a great demand for services for families and children. The county is also the largest geographically in Florida with 2025 square miles, larger than the states of Delaware and Rhode Island. The rural predominantly migrant community of Immokalee is approximately 45 miles from the city of Naples. There is extremely limited public transportation within the metropolitan area and it is almost nonexistent to the outlying areas. The schools have a diverse population reporting over 41 % Hispanic and 5 % Haitian. 49 % of the overall school population Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 Agenda Item No. 16DI 1 February 13: 2007 DRAFT... DRAFT...DRAFT ... DRAFT... DRAFT... DRAFT... DR-AFT ... DRAFT...DR9WT1 of 49 is categorized as economically needy (Collier County Public Schools, 2005). We are challenged by a large limited English speaking population of up to 47 % in one of the elementary schools in East Naples and with Immokalee elementary schools ranging from 30 % to 45 % (Florida School Indicators Report, Florida Department of Education, 2005). Language barriers isolate immigrant women from community resources and legal remedies. Immigrant women may also be wary of requesting help from official institutions based on their experiences with similar institutions in their home county (Erez, 2000) Many of the women are unaware that domestic violence is a crime or how to access the resources to assist them to leave their abuser. It is common for immigrant women to be isolated, not allowed to work outside of the home and illiterate in their native language. "Fear of deportation is a very powerful tool used by abusers to prevent battered immigrant women from seeking help and keeping them in violent relationships." (Shetty and Kaguyutan, 2002) Additionally, 20% of the all adults in Collier County are functioning at the lowest level of literacy (Florida Adult Literacy Survey, 1992.) Provision of supervised visitation services to meet the needs of this economically and culturally diverse population is challenging and requires community support. The Shelter for Abused Women and Children, our community domestic violence agency, provided emergency shelter to 295 battered women and their children last year and provided face to face counseling for 958 women and children and telephone counseling for 5,760 women.. In the fiscal year 2005 to 2006, the local domestic violence shelter housed 154 children of domestic violence victims. 40% percent of the clients in shelter were Hispanic as were 56 % of the clients served in outreach (Florida Department of Children and Families, 2006). The shelter maintains an office in Immokalee for advocacy, counseling and outreach to battered women and children. Last year the Family Visitation Center of the Collier County Child Advocacy Council provided Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 Agenda Item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ...DRAFT ... DRAFT ... DRAFT ... DTT2 of 49 services to 215 women and children. 48% of those clients were Hispanic and at least half of those were limited or non English speaking. The main office is in Naples located several miles from the courthouse. The target population will benefit by continuing the provision of services in the outlying and rural areas. They will also be assisted by the continued employment of a case manager who is fluent in Spanish and by Creole translators in addition to having culturally sensitive and local services for supervised visitation and safe exchanges. Many of the women in the rural community are unaware of the services available and outreach will continue to be a critical component of the program. The expanded collaboration of the partnering organizations will enhance services to domestic violence victims and their children by creating a comprehensive plan for domestic violence response with improved and appropriate utilization of supervised visitation for the community. Over 3000 injunctions for protection were filed in Collier County in 2006. Once the battered woman has received an Injunction for Protection against Domestic Violence with Minor Children, a referral is made by the Court to the visitation agency. The Court determines if the perpetrator will have contact with the children and allows for the type of contact that will occur. When there are children involved, the Court directs the visitation agency to provide this oversight and the program assesses the immediate and ongoing risk for the battered woman and the children. "The role of supervised visitation or supervised exchanges may be essential to the protection of women and children from ongoing abuse. These options may counter the prevailing assumption that all children need frequent contact with both parents after separation." (Saunders, 1998). The visitation agency receives one to three referrals per week from the Court. The visitation agency also receives referrals from the family and criminal court. There is no other non- profit supervised visitation service in this county. The alternate for profit visitation Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 9 Agenda Item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT...DRAFT... DRAFT... DRAFT... DRAFT...DRAFT ... D T3 of 49 provider is not recommended by the local domestic violence center due to safety issues and charges up to $50.00 for each supervised visit and $30.00 per exchange. There are no visitation centers based in Immokalee. This project complements the STOP Violence against Women program as we are engaging in collaborative effort to educate agencies serving victims of domestic violence to include training and multidisciplinary efforts that address violence against women in ways that are sensitive to the needs and safety of victims and hold offenders accountable for their crimes. "States and territories should seek to carry out these strategies by forging lasting partnerships between the criminal justice system and victim advocacy organization encouraging communities to look beyond traditional resources and to look to new partners to respond more vigorously to domestic violence, sexual assault, and stalking crimes, such as faith -based and community organizations." The Florida Byrne Formula Statewide Strategy has a goal of improving the criminal and juvenile justice system's response to domestic and family violence, including spouse abuse, child abuse, and abuse of the elderly. Our project complements this strategy as we are involving the court and law enforcement in our partnership and in the training for the partners on domestic violence, child abuse, sexual assault and stalking. The Byrne Strategy also addresses crime prevention and focusing on children at risk of abuse and neglect including missing children. A majority of parental abductions take place in the context of domestic violence (Grief and Hegar,1993) and about half occur during an authorized visit (Finkelhor, Hotaling and Sedlak, 1990) Our focus in developing safety and referrals of families for community services is compatible with this goal. Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 10 Agenda Item No. 16D11 February 13. 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ... DRAFT ... Miff T4 of 49 What Will Be Done Each time the Family Visitation Center conducts a supervised visit or monitors a safe exchange, a possible incidence of violence may have been prevented. Initiated in 1997, this program was specifically designed for domestic violence victims and their children. It provides a domestic violence risk/lethality assessment for the court that considers the safety of the children and adult victim. Children of battered women are often victimized by prolonged legal disputes precipitated by the batterer's issues of power and control about which parent should have custody and what kind of visitation is reasonable. Even before separation, perpetrators of domestic violence warn that they will seek custody of the children and threats of parental abduction are common. The visitation center can provide for the physical and emotional safety of the children and provide safety for the victim through supervised visitation and safe exchanges. Far too often the same families seek services from multiple agencies and the agencies do not have the means to communicate effectively and collaborate to support the family. In cases of domestic violence and child abuse, this is further complicated by the nature of the victimization and the need to maintain confidentiality. By developing a formal protocol with a consulting committee with the partners from this grant along with other community agencies, families served by the supervised visitation program will benefit from the collaboration of all of the professionals, avoid duplication of services and receive appropriate interventions. By working cooperatively with other community agencies, families can receive assistance in the process of healing and break the cycle of abuse. Because of their expertise in assisting victims of domestic violence, child abuse and neglect and because they offer a secure facility, the courts refer the most severe cases to this visitation agency. Families receive services for an average of six months to a year. The intake process includes an in depth history of prior domestic violence, Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 11 Agenda Item No. 16D1 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ... D T5 of 49 substance abuse and mental health issues. Both the battered woman and the perpetrator participate in this process separately in order to assess the risk to the victim and children while using our services. The children over age 5 are interviewed as well and younger children participate in an orientation session. When the potential for lethality is reported to be so great that the visitation program cannot offer an adequate assurance of safety, the case may be declined by the program and a report is sent to the Court documenting the reason and requesting a review. The visitation program employs two full time Case Managers and a Program Director. Another staff person is funded at .25 FTE and maintains a limited caseload, and supervises visits and exchanges on Sunday. An off duty police officer is employed for eight hours per week on Sunday to provide security in addition to the use of one -way glass /mirrors, walkie- talkies, and an alarm system with a panic button. With the first year of Safe Haven's grant funding, the program expanded to include a full -time Case Manager who is fluent in Spanish and English, translators for Creole and other languages as required. Because of the Safe Haven's funding, this Case Manager is in the rural community of Immokalee a minimum of two days per week and has developed a working relationship with many of the local agencies serving that community. Goals and Objectives The overarching goal of the visitation program is to keep child and adult victims safe by providing a secure, respectful and child friendly environment for supervised visitation and exchanges. The immediate goals of this proposal include increasing access to supervised visitation and exchange services particularly in the underserved population, improving communication with the courts and implementing services which are responsive to the needs of battered women and their children. Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 12 Agenda Item No. 16211 February 13, 2007 DRAFT ...DRAFT ... DRAFT ... DRAFT... DRAFT... DRAFT...DRAFT ... DR-AFT ... DS rT 6 of 49 Goal 1: Increase access to supervised visitation and exchange services Objectives: 1) To provide visitation services for 75 families per year (a 20% increase.) 2) To provide a minimum of ten (10) community presentations to raise awareness of supervised visitation services. 3) To document number of referrals, intakes, and supervised visits and exchanges completed and cancelled including the numbers not served or partially served. Goal 2: To implement services which are responsive to the needs of battered women and their children. 1) To follow up at least monthly by telephone or in person with 50 battered women to receive feedback regarding visits and exchanges. 2) To conduct a client satisfaction survey of services on an annual basis. 3) To meet quarterly with staff from the local domestic violence shelter, court and law enforcement to discuss the feedback they have received from the women utilizing the visitation center. Goal 3: To improve communication with the court regarding the needs of clients utilizing the visitation program. Objectives: 1) To communicate with the Court regarding needs of 100% of the families with a minimum of one progress report that will provide written factual information to the court regarding supervised contact. Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 13 Agenda Item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ... D T17 of 49 2) To provide annual training to court personnel on supervised visitation and exchange services. Responsibilities of the Collaborative Partners This is a collaborative grant involving a commitment from Collier County as the applicant and fiscal agent. The county has had a working relationship with the Collier County Child Advocacy Council (d.b.a. Child Protection Team) since 1992 working through the County Department of Human Services to pay for medical exams of abused children. The county served as the fiscal agent of our first cycle of the Safe Havens grant. The county will continue to provide the oversight of the grant program, convene the partners for regular collaboration meetings and submit required program reports. The Shelter for Abused Women and Children, the local community domestic violence center, will assist domestic violence victims in accessing visitation services through their court advocacy and outreach program. The local visitation program has had a working relationship with the community domestic violence center for the past eight years. When a battered woman is referred from the court and has not made contact with the agency, the visitation center contacts the domestic violence center. The shelter's court-based advocates are often able to get in touch with the battered woman and may arrange transportation. Since the inception of the Safe Haven's Grant Program, there are now visitation services in the rural part of the county. With a bilingual case manager, language has become less of a barrier for the provision of services for victims and their children. Since the formal collaboration began with our first Safe Haven's grant funding, the shelter has provided three training staff development sessions for the visitation center staff and for the collaborative partners on domestic violence risk assessments, social and cultural Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 14 Agenda Item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ... DRAFT...D T8 of 49 aspects of domestic violence in our community and working with children affected by domestic violence. Both visitation center staff and staff from the community domestic violence agency attend injunction court. When the judge orders supervised visitation or exchange, visitation center staff can assist the parents by contacting them that day and making arrangements for scheduling intake appointments. This expedites the provision of services and the staff already has information regarding the request of the court and the details of the proceeding. Working as a team, advocates from the community domestic violence agency assist victims with understanding the court process and the purpose of the visitation services. The court process and language can be very confusing and intimidating for both parents. By addressing the process individually with each immediately following the hearing, may in and of itself prevent further violence because the perpetrator knows that a system is in place to access the children. The local Court will continue to provide referrals to the visitation center of the most severe cases and those requiring security. The visitation program has a formal agreement which is updated annually with the Court to follow the Florida Minimum Standards for Visitation. The court has copies of the policies and procedures of the visitation program and clients are referred back to the court if a grievance cannot be resolved by the visitation program. Through enhanced opportunities for technical assistance provided through this funding, we plan to further involve the Court in the development of best practices for the visitation program and for serving domestic violence victims and their children. Two new partners have been added to the MOU agreement. The David Lawrence Center provides mental health and substance abuse services to families and children, including but not limited to emergency services, crisis stabilization, detoxification, residential, community and outpatient treatment. This agency provides the batterer's intervention program, substance abuse Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 15 Agenda Item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ... DRAFT...DR)WT9 of 49 treatment and psychiatric evaluations as ordered by the Court. As an MOU partner, they will consult with the partners on issues relating to the batterer and substance abuse treatment. The David Lawrence Center has offices in both Naples and Immokalee. The Collier County Sheriffs Department is the lead law enforcement agency in our community. By including law enforcement in our partnership we hope to achieve improved communication and sharing of expertise and resources. As the major performance objective of this proposal is to strengthen partnerships for safer communities and to enhance the Nations' capacity to prevent, solve, and control crime, the partners decided that including the sheriffs department would further enhance our goals and bring the law enforcement prospective to the table. The Collier County Child Advocacy Council is a community based non - profit organization. The agency has achieved full membership in the National Network of Children's Advocacy Centers. The agency provides services to child victims of abuse, neglect, domestic violence and sexual assault and operates the Family Visitation Center. The agency includes the Child Protection Team and the school based Child Victim Rapid Response Program and a court ordered Parent Education Program. The staff of the Children's Advocacy Center (CAC) will provide training for the partners on child abuse and neglect and sexual assault. Many researchers have identified the overlap between domestic violence and various forms of child maltreatment. Therefore, the identification of domestic violence suggests a 30 -60% probability that direct abuse of children may be occurring. (Edelson, 1999) By having a domestic violence program for the past eight years, the staff of the agency has had a unique opportunity to observe the impact of domestic violence on children and battered women. The visitation agency will be responsible for the day -to -day operations of the visitation center and report to the fiscal agent. They will be Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 16 Agenda Item No. 16D11 F=ebruary 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ... DRAFT...Ds TO of 49 responsible for hiring staff, ensuring specialized staff training and evaluation, providing a program evaluation and maintaining the minimum standards of visitation as set forth by the Florida Supreme Court, 1999. These standards include very specific standards and guidelines for intake, security, staff qualifications and training, supervised visitation and exchanges, confidentiality, case acceptance, termination and reports to the court. The Family Visitation Center is proposing to continue to enhance their services to better serve the rural community of Immokalee. By maintaining a regular presence in Immokalee, they can provide for the safety of women and children of domestic violence while facilitating supervised visitations and exchanges and case management services. Timeline The collaborative partners will continue to hold scheduled the partner meetings and training sessions. The visitation agency will advertise the positions available to support the underserved population identified in this proposal. The Program Director will meet with the Immokalee Advisory Board and continue to contact victim serving community and faith based organizations in the Immokalee to identify specific tasks to accomplish the goals and objectives. Agency staff along with collaborative partners will explore and develop culturally and linguistically specific materials for the underserved population. OVW training for the program and fiscal staff will be scheduled. October 2007: Continue training of visitation staff and schedule future training dates. Sign formal agreements with the Consulting Committee. November 2007 to September 30, 2008: Provision of services as described in narrative, Collaborative partners meet quarterly. Ongoing evaluation of services to meet needs of Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 17 Agenda Item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ... DRAFT 1 of 49 underserved and rural community. Monitoring and biannual reporting by Collier County Department of Human Services as the fiscal entity Program Specifications Purpose of Visitation Center and Scope of Services The Family Visitation Center was created as a response to an identified need in our community. Originally funded with a small grant from the local community foundation, they eventually received funding from the Victims of Crime Act. Three years ago this funding source became restricted to case management services and the visitation center had to raise the funds to continue. There are no state or county government funds available for visitation services for domestic violence victims. The purpose of center is to provide risk assessments, case management, supervised visitation and monitored exchanges for children whose families were referred from domestic violence, family court or criminal court. The participants or court order must document a history of domestic violence or other family violence. The center does not accept cases where the state has jurisdiction such as in foster care or protective supervision. A Case Manager is assigned to each family. In addition to the supervised visitation and safe exchanges, their job is to conduct the intake and risk assessment, maintain the client records, and correspond with the Court. The Program Director is responsible for the development and management of the program including direct supervision of the staff, program evaluation, and assuring compliance with the standards of visitation. The Program Director will be responsible for the coordination of services with the collaborating partners. Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 18 Agenda item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT—DRAFT ... D T2 of 49 Hours of Operation The visitation center is open from 9:00 AM to 5:00 PM Monday through Friday and from 9:00 AM to 4:30 PM on Sunday. The Immokalee office is open from 9:00 to 5:00 on Wednesday and Friday and by appointment. With increased funding we plan to be open until 7:00 PM one evening per week. Intake Procedures Each parent is required to participate in an intake and risk assessment. This includes a review of all policies and expectations for participation in the program. All efforts are made to interview the victims first. Children over age four participate in an interview with the Case Manager to assess their risk and exposure to domestic violence. The interview enables the children to visit the center prior to the visitation services to orient the children and allow them to develop a relationship with the Case Manager. Parents with children under age four are encouraged to visit the center with their children prior to the commencement of services to minimize the strangeness of the situation and acquaint them with center staff. There are cases where young children have a great deal of difficulty separating from a parent and center policy allows for a limited period of time when a child cannot be comforted to cancel a visit. During the intake, each parent review and signs a copy of the rules for the center along with a release of information and indemnity statement. Referral Process and Fee Protocols Referrals may be received from the Domestic Violence Court, Family Court or Criminal Court. All referrals to the visitation program are made by court order. The order becomes the mechanism by which the center provides appropriate services. The local Court works with the partners to ensure that the orders are clearly stated and have dates for regular review or case Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 19 Agenda Item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT. ..DRAFT ... DRAFT ... DRAFT ... DIROFT3 of 49 closure. The parents are expected to contact the visitation agency within a specified period of time. The visitation center communicates the provision of services and reports any critical incidents to the courts. Presently the court reviews incident reports that are filed by the visitation center and sets them for a hearing. Parents through their attorneys or parent coordinators may stipulate to use our services. When a request for services is received and deemed appropriate, this constitutes a referral. The Center staff works with domestic violence victim advocates to insure that victims understand the visitation center role and the court orders particularly in cases when the victims are pro se. Access to legal assistance is limited by poverty and may place abused women in a choice between self - representation or an inadequate counsel hamstrung by minimal hours or lack of experience and specialization in the field. (Neilson, 2001) The Shelter employs an attorney to assist the some of the victims at the domestic violence hearing. Family Visitation Center does not discriminate against any client due to race, religion, gender, sexual orientation, national origin, age, or disability. Family Visitation Center does not any charge fees for services. A regular visitation schedule is developed within twenty days of acceptance into the program. Frequency and length of visits depend upon the request of the court order. In the absence of a specific court order, this will be determined by the age of the child, parent work schedules, school hours and center availability. Program Security All visitation staff members are trained in secure visitation practices. This involves a thorough knowledge of the dynamics of domestic violence. Each family participates in a domestic violence risk assessment. The case file is required to contain copies of orders of protection, copies of parents' driver licenses and those authorized to transport the child as well as emergency contact information. The visitation center has an alarm system with panic buttons and Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 20 agenda item No. 1nD11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ...DRAFT ... DR-AFT ... DRAFT ... DT4 of 49 separate waiting rooms for perpetrators. The visitation rooms are all interior rooms. The facility is equipped with a secured entrance and the visitation rooms can be monitored by a one -way mirror and have recording capability. An off duty uniformed police officer is employed on Sunday. The Immokalee office also has a one -way mirror with recording capability. The visitation center may decline a case for which they cannot reasonably ensure the safety of all clients, staff or volunteers including, but not limited to the following reasons: staff or volunteers are not adequately trained to manage issues identified at intake, adequate security cannot be provided, or a conflict of interest is established. Record Keeping and Confidentiality Supervised visits may be provided by the use of a one -way mirror. Visits may be recorded and become part of the confidential file. A written observation report is completed for each visit and maintained in the file. Safe exchanges for visitation are scheduled with staggered arrival times insuring no contact between the parents. The perpetrators always arrives first and leaves last to avoid confrontation or stalking. Documentation of each exchange is noted in the case file. A chronological contact sheet is maintained to document all phone and in person contacts with and on behalf of a family. All client records are confidential and will only be released by subpoena from the requesting party. Records are kept for seven years or until the youngest child is 18 years of age. Releases of information to another provider are also kept in the case file Training Requirements for Staff and Volunteers Training for visitation staff includes the Competency Based Training (Clearinghouse on Supervised Visitation) that covers basic information regarding child abuse and neglect, the effects of domestic violence on children, and legal and ethical issues in visitation, and understanding with culturally diverse populations and their needs. Staff is expected to acquire Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 21 Agenda Item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT...DP(F'T6 of 49 " and maintain the Victim Designation Training Certification offered by the Florida Office of the Attorney General. The agency takes advantage of local training opportunities such as a recent training on human trafficking provide by the Collier County Sheriff's Department and assisting parents with missing children offered by the Office of the Attorney General. The Program Director participates in phone conference technical assistance training offered by the Clearinghouse on Supervised Visitation and attends state level training offered by the Supervised Visitation Network, Florida Chapter. The center staff also benefits from the technical assistance Visitation Things Considered phone conferences and viewing other Praxis DVD's and listening to audio conference trainings. The Community Foundation of Collier County has funding grants for training opportunities to attend national level conferences. The Program Director holds the office of Treasurer of the Florida Chapter of the Supervised Visitation network currently serves on the training committee of the national Supervised Visitation Network and is involved in developing the standards for certification for Florida Visitation programs through the Florida Chapter of the Supervised Visitation Network. The Program Director and the Executive Director of the visitation agency have master's degrees in counseling and counseling education. They each have been working in the field of family violence and child abuse for over ten years. The Case Managers have bachelor's degrees in psychology. All staff receives basic and advanced domestic violence training and will participate in OVW sponsored training. Additional training from the partners will include working with battered women and children and cultural considerations in assisting domestic violence victims by the shelter and substance abuse and mental health issue identification and intervention training by the David Lawrence Center Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 22 Agenda item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ... DT6 of 49 Compositions and Roles ofAdvisory Committee Because the expansion into the rural and underserved communities, we plan hold advisory committee meetings both in Naples and in Immokalee and include representatives from that community. In addition we plan to develop a formal Consulting Committee. This committee will meet regularly to utilize a multidisciplinary approach to addressing common issues, coordinating training opportunities and facilitating positive relationships between providers. In addition to the collaborative partners we will invite representatives from child protective services, law enforcement, sexual assault programs, and other community agencies. The purpose of this committee will be to review visitation center policies and services needed by program participants. Who will Implement the Proiect Collier County Government will act as the fiscal agent and ensure compliance with the grant and reporting requirements of the Office on Violence against Women. The project will be coordinated with local courts, the local supervised visitation program and the community domestic violence center. With a future goal of unified family court, the local court currently hears a separate civil domestic violence docket one day per week. The visitation agency receives most of their referrals directly from this docket. While the court representative to the collaborative partnership is not able to discuss specific cases, the partners will review how the court is making referrals, the appropriateness of the referrals, and how to better communicate the issues with the court. The visitation center will review safety concerns with the partners, discuss referral resources and explore ways to better reach the underserved population. The domestic violence shelter will share their expertise in the areas of understanding the impact of domestic violence and safety concerns and advocate for the victims and their children. The David Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 23 Agenda Item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ... DT7 of 49 Lawrence Center, the local community mental health center, provides substance abuse treatment, batterer's intervention programs and psychiatric evaluations in both Naples and Immokalee. As a new collaborative partner, they will share their expertise in these areas and bring a different perspective to the existing partners. In turn they will receive information regarding victim safety and the roles of the other partners in the collaborative effort. Partnership meetings held in the Immokalee community include other community and faith based organizations that provide direct services to the undeserved population. The goal of these meetings is to inform the Immokalee agencies of the services available and to gather their input on how to best implement visitation services in their community. The involvement of these victim - serving agencies is critical to the success of the program in the outlying areas. They can assist the partnership in identifying barriers to receiving services and gaps that currently exist. An outcome for these partnership meetings is to develop a community protocol for domestic violence and children. It is critical that the partnership establish a common philosophy, identify comprehensive and culturally sensitive strategies to assist domestic violence victims and children in this post separation period, and initiate discussions regarding the appropriate utilization of visitation programs. This goal can only be achieved by developing a working relationship with the partners that encourages respect and fosters growth among the disciplines. Each partner has a unique perspective to share to reach a common goal. The Safe Haven's Consulting Committee will include the existing partners as well as representatives from other victim- serving agencies, law enforcement, the Office of the State Attorney, and the Department of Children and Families. An interagency policy agreement will be developed by the partners. The goal of this agreement will be to provide an interagency, interdisciplinary strategy in order to work effectively to intervene on behalf of the victims of domestic violence, child abuse, sexual assault and stalking Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 24 Aaenaa Item No. 16D11 February 13. 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DR-AFT ... D FT8 of 49 and make recommendations for resolving the family crisis while holding batterers accountable for their actions. A further goal will be to develop a coordinated approach to allow all disciplines to share their expertise and create a culturally appropriate response to domestic violence specifically involving families with children. Over the past seven years the visitation program has conducted staffing meetings regarding particular cases. They may conduct a multidisciplinary staffing of the case to discuss the findings of the assessment and develop an agreed upon plan for the family. These staffings may be provided when it is requested by the Court or any professional working with the family, there is a question about the safety of the child, the case appears to be one where there will be further court action, or circumstances exist which indicate the need for a multidisciplinary approach to the case. All professionals attending the staffing are required sign a confidentiality statement. The program director or case manager facilitates the staffing discussion. A report is generated by the visitation program reflecting the shared discussion and recommendations for further services. These reports become part of the confidential record. Recommendations are sent to the Court and to the parents and their respective attorneys. Each participant at the staffing meeting also receives a copy of the report. Another part of the collaboration will be to present information regarding the expansion of the services to the Immokalee Interagency Council, the 201" Judicial Circuit Victim Services Coalition and to other interested community groups to enhance community awareness and understanding of the impact of domestic violence on the victims, their children and on the community. Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 25 Agenda Item No. 16011 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ... DRAFT...D► 1?9 of 49 Sustainability Plan The Collier County Child Advocacy Council has been providing supervised visitation services in Collier County since 1997. The agency currently receives funding from multiple sources including local United Way, state funding from the Florida Department of Health, federal funding through Victims of Crime Act from the Office of the Attorney General, and various fundraising events. Although the Collier County Board of Commissioners does not fund non- profit agencies, the Safe Havens Grant Program gives the county the opportunity to assist this agency in their provision of these critical services that keep domestic violence victims and their children safe. The agency has been in existence since 1986 and is stable financially. As Naples is a growing community, there is also potential growth in the donor community. The agency has applied for funds with the Naples Children and Education Foundation and will continue to seek their support. An endowment has been established to provide a continual funding source. The agency has added a development director and donor software is being utilized to expand the donor base. Additional resources would be and have been sought through grants, special events, and other fundraisers. Extensive community outreach and partnerships with local businesses are always being developed. The agency board of directors will continue to be expanded to include donors and interested individuals. Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 26 Agenda Item No. 16D11 F=ebruary 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ... DTO of 49 Budget Detail Worksheet and Narrative A. Personnel Name /Position Computation Cost No personnel are requested. TOTAL $ -0- B. Fringe Benefits Type Computation Cost No benefits are requested. TOTAL $ -0- C. Travel The $2,250 is included for technical assistance and capacity- building activities sponsored by OVW designated technical assistance providers. Purpose of Travel Location Item Computation Cost OJP -TA Unknown Airfare ($250 X 1 person X 3 trips) $ 750 Hotel ($100 /night X 3 nights X $ 900 1 person X 3 trips) Meals ($50 day X 3 days X $ 450 1 person X 3 trips) Ground Transportation ( $50 /trip X 1 person $ 150 X 3 trips) TOTAL $ 2,250 D. Equipment Item Computation Cost No equipment is requested Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 27 Agenda Item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ... DWAOT1 of 49 E. Supplies Supply Items TOTAL Computation No office supplies are requested F. Construction Purpose No Construction is requested G. Consultants / Contracts TOTAL Description of Work TOTAL Cost Cost The Program Director will oversee the operations of the supervised visitation center, provide supervision to the Case Managers and Visitation Monitor, and conduct case reviews. The Program Director will serve as staff to the collaborative partnership and report the activity of the center to the advisory board. The Case Managers will be responsible to accept intake referrals, conduct intake interviews, collect necessary reporting statistics and prepare all reports to the court. Case Managers are responsible for scheduling and supervising visits and exchanges. The Case Manager funded 50% by this grant will be assigned to the Immokalee center and assist as needed with the clients who require a bilingual case manager in the main office. A 3 % cost of living and a 2 % performance raise were included for the second year. Name /Position Computation Cost Program Director 52,203 X 50 % + 54,813 X 50 % $ 53,508 Case Manager 36,771 X 50 % + 38,610 X 50 % 37,691 Case Manager 39,942 X 25 % + 41,939 X 25 % 20,470 Case Manager 35,616 X 25 % + 37,397 X 25 % 18,253 TOTAL $129,922 Type Computation Cost Employer's FICA $129,922 X 7.65 % $ 9,939 Retirement 129,922 X 8.00 % 10,394 Health Insurance 129,922 X (flat rate) 21,559 Workman's Compensation 129,922 X <1 % 846 TOTAL $ 42,738 Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 28 Agenda Item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ... D T2 of 49 $20,000 is included for technical assistance and capacity - building activities sponsored by OVW designated technical assistance providers. Additional travel costs are for mileage for Immokalee staff from their location to the Naples office and to the courthouse. The Program Director will be traveling to partnership meetings and to Immokalee. Mileage is included for partners for local travel to Immokalee. All collaborative partners will be invited to participate in the technical assistance training. Purpose of Travel OJP -TA Local Travel Location Unknown Item Computation Cost Airfare ($250 X 4 people X 5 trips) $ 5,000 Hotel ($100 /night X 3 nights X $ 6,000 4 people X 5 trips) Meals ($50 day X 3 days X $ 3,000 4 people X 5 trips) Ground Transportation ( $50 /trip X 4 people $ 1,000 X 5 trips) - Collier County 112 miles /week X $.43 /mile $ 5,000 (Approximately) TOTAL $ 20,000 Partners will be compensated for the training they provide to visitation agency staff. Other partners will be invited to these training sessions and will be open to other community agencies. Name of Consultant Service Provided Computation Cost Shelter for Abused Women Domestic Violence Training $500 each x 6 trainings $3,000 David Lawrence Center Substance Abuse Training $500 each x 2 trainings $1,000 Supply Items TOTAL Computation General office related items $45.42 per month x 24 months TOTAL TOTAL CONTRACTED $ 4,000 Cost $ 1.090 $ 1,090 $197,750 Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 29 Agenda Item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ... DRAFT3 of 49 H. Other Costs Description Computation No Printing / Reproduction is requested TOTAL I. Indirect Costs Description Computation No Indirect Cost is requested TOTAL Budget Summary Budget Category A. Personnel B. Fringe Benefits C. Travel D. Equipment E. Supplies F. Construction G. Consultants / Contracts H. Other Total Direct Costs I. Indirect Costs TOTAL PROJECT COSTS Federal Request Cost $ -0- Cost $ -0- Amount $ 0 0 2,250 0 0 0 197,750 0 $200,000 0 $200,000 $200.000 Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 30 Agenda Item No. 16J11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ... DRAFT...D T4 of 49 Attachment 1 Job Descriptions Job Title: Case Manager Salaries/Exempt Status: Yes I. Job Summary Provides highly specialized casework, coordination, case management, and assessment services to victims and children who have been abused or involved in domestic violence. II. Major Job Functions 1. Is available for 24 -hour case consultation and assessment. 2. Coordinates services required in child abuse and/or domestic violence referrals from the court system or law enforcement. 3. Provides long -term case management to children in abusive situations and /or exposed to family violence. 4. Attends the monthly interagency meeting with community providers.. 5. Provides highly specialized assessments of family violence and provides recommendations to the court to insure the protection of the child and safety for the adult victim. 6. Assists with supervised visitation and monitored exchanges. 7. Provides crisis counseling, advocacy and referrals. 8. Utilizes community agencies and resources and makes appropriate referrals and case plans. 9. Provides expert testimony when appropriate. 10. Prepares and keeps current case files on each client. 11. Completes all required data collection forms and statistical reports. 12. Assists the victim with depositions and provides assistance with the criminal justice process when indicated. 13. Participates in educational and training activities. Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 31 Agenda Item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ... D T5 o114 9 14. Remains current on domestic violence and child abuse literature. 15. Performs all other duties as assigned. III. Performance Standards: 1. All case reports are provided to the appropriate agency within 10 calendar days. 2. All services will be provided in a timely manner. IV. Job Relationships: Reports to: Family Visitation Program Director V. Qualifications: Bachelors or Masters degree in psychology, counseling, social work or other related behavioral science and not less then three (3) years experience in the filed of domestic violence /child abuse. VI. Approvals: Program Director: Date: Executive Director: Date: Recognition of receipt and agreement: Employee: Date: 03/05 JGS Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 32 Aaenda Item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ... DRAFT...DTe of 49 Job Title: Family Visitation Program Director Salaried/Exempt Status: Yes I. Job Summary: Provides direct supervision of the family visitation and assessment staff, assessment services for children, highly specialized case work and coordinates community resources to assist victims and children involved in domestic violence. II. Major Job Functions: 1. Provides direct supervision of the Family Visitation Center staff. 2. Reviews case reports prior to submission to court. 3. Reviews current files on each client. 4. Assists with the coordination of case staffings as well as conducts individual case plans and staffings. 5. Provides highly specialized assessments of children involved in domestic violence and provides recommendations to the court to insure the protection of the child. 6. Identifies appropriate service providers and coordinates victim referrals. 7. Develops client satisfaction survey. 8. Conducts program evaluation for effectiveness and quality assurance. 9. Provides training for staff and service providers. 10. Completes all required data collection forms and statistical reports. 11. Remains current on child abuse and domestic violence literature. 12. Performs all other duties as assigned. III. Performance Standards: 1. All case reports are provided to the appropriate agency within 10 calendar days. 2. Program evaluation is to be conducted annually. 3. Client satisfaction surveys are to be conducted bi- annually. Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 33 Agenda Item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ... DRAF"137 of 49 4. All services are to be provided in a timely manner. IV. Job Relationships: Supervises: Case Managers Visitation Monitors Volunteers Reports to: Executive Director V. Qualifications: Masters degree in psychology, counseling, social work, or other related behavioral science and not less than (5) years experience in the field of domestic violence /child abuse. Must possess at least (3) years supervisory experience and program development. VI. Approvals: Executive Director. Date: Recognition of receipt and agreement: Employee: Date: Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 34 Agenda Item No. 16D11 February 13, 2007 DRAFT ...DRAFT ... DRAFT ... DRAFT... DRAFT... DRAFT... DRAFT ... DRAFT...DFT6 of 49 Job Title: Supervised Visitation Monitor Salaries/Exempt Status: Yes Job Summary Provides safe, planned and monitored visitation with parents for children who have been abused or involved in domestic violence in which visitation must be supervised due to potential risks to the child's safety and well - being. I. Major Job Functions. 1. Coordinates services required in child abuse and /or domestic violence referrals for a mutually agreeable time for visitation. 2. Provides a physically and emotionally safe environment for the child during the visit. 3. Ensures that the guidelines outlined in the rules for visits and exchanges are followed and reports critical incidents to the immediate supervisor. 4. Prepares and keeps current case notes on each client. 5. Completes all required data collection forms and statistical reports. 6. Participates in educational and training activities. 7. Remains current on domestic violence and child abuse literature. 8. Performs all other duties as assigned. II. Performance Standards: 1. The extent of involvement of the monitor shall be limited to providing a safe and structured visit. 2. All incident reports are provided to the appropriate agency within 24 hours. 3. All services will be provided in a timely manner. III. Job Relationships: Reports to: Family Visitation Program Director Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 35 Agenda Item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT ... DRAFT...DRAFTg of 49 IV. Qualifications: High school diploma or higher with at least three (3) years experience in the field of domestic violence /child abuse. Must be able to communicate effectively, both verbally and in writing V. Approvals: Program Director: Executive Director: Recognition of receipt and agreement: Employee: Attachment 2 Date: Date: Date: Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 36 Agenda Item fro. 16D11 February 13. 2007 DRAFT... DRAFT... DRAFT...DRAFT... DRAFT... DRAFT...DRAFT ... DRAFT ... D FTO of 49 Resumes of Key Staff Jacqueline Griffith Stephens 10346 1h Ave. N. Naples, Florida 34102 Office: Fax: (239) 263 -8383 (239) 263 -7931 EDUCATION: MA, Rollins College, 1990 Major: Counseling BS, Florida Institute of Technology, 1985 Major: Psychology EXPERIENCE: COLLIER COUNTY CHILD ADVOCACY COUNCIL, INC. Child Protection Team Executive Director, Collier County (1992 to Present) Manage non - profit organization with Board of Directors. Responsible for budget and contract preparations and implementation. Supervise all staff members and act as a liaison to the Board. Responsible for all aspects of program development, supervision, and fiscal oversight. Program responsibilities include over -site and supervision of the Children's Advocacy Center, Family Visitation Center, and Child Victim Rapid Response Program. Statewide Associate Consultant (1994 - 2001) Provide unified training and quality assurance for the statewide CMS Child Protection Team Program. WUESTHOFF MEMORIAL HOSPITAL, INC. Child Protection Team Coordinator (1988 to 1992) Managed a hospital -based team within budget and in accordance with overall hospital and H.R.S. policies. Was responsible for budget and contract preparation. Maintained statistical and other programmatic reports to comply with grant standards. Directly supervised case coordinators and support staff. Monitored all team activities. Also provided expert testimony in juvenile and criminal court. Utilized extensive public speaking skills. Child Abuse Prevention Program Administrator (1989 to 1990) Directly responsible for the Child Abuse Prevention contract for district VIIB, along with the Child Protection Team Contract. Senior Case Coordinator /Acting Team Coordinator (1986 to 1988) Coordinated services required in evaluating and diagnosing children who were known or suspected of being abused. Participated in multidisciplinary interviews, team staffings, compiled psychosocial histories and provided crisis counseling. Involved in community education and public speaking. STATE OF FLORIDA GUARDIAN AD LITEM PROGRAM (1983 to 1986) Volunteer Guardian Ad Litem Conducted independent investigations of child abuse and neglect. Provided peer supervision and child advocacy. Reported to juvenile court. Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 37 Agenda Item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DPWT 1 of 49 Jacqueline Griffith Stephens, MA Page 2 INTERNSHIPS: Atlantic Counseling Center (1988 to 1989) Provided individual and marital counseling. Central Junior High School (1988 to 1989) Provided individual and group therapy to emotionally handicapped students grades 6th through 8th. Also taught the living skills portion of their curriculum. AFFILIATIONS: The American Professional Society on the Abuse of Children District VII Child Abuse Prevention Task Force Chairperson 1990 to 1992 Women's Political Caucus past President Leadership Collier 1999 WorldClass Collier, Officer 1998 to 2000 Collier's Capital Connection, Director 2000 — Present Immokalee Friendship House, Director 2001 — Present Leadership Institute 2002 Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 38 Agenda Item No. 160711 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT 2 of 49 Office: (239) 263 -8383 ext 23 QUALIFICATIONS EDUCATION Gail H. Tunnock 10366 th Ave. N. Naples, Florida 34102 Fax: (239) 263 -7931 Effective leadership, management and collaboration skills Demonstrated ability to create innovative programs and obtain grant funding Excellent verbal and written communication skills Experience with diverse populations and building community partnerships. Masters of Arts in Education, Guidance and Counseling, The George Washington University, 1978 Bachelor of Science, Elementary Education, Social Science Area of Concentration University of Maryland, 1975 WORK HISTORY 1998 to present Program Director Collier County Child Advocacy Council • Supervise and manage staff of Family Visitation Center • Provide direct case management services to child victims • Responsible for program development and day to day operations • Responsible for evaluation design and implementation • Responsible for oversight of all correspondence with the Civil Court • Provide staff development and community education 1995-1998 Program Director Mental Health Association of Collier County • Restructured Children First program and Children First Advisory Board • Planned and organized professional workshops and community educational programs • Recruited, trained and coordinated volunteers • Revised curriculum for divorce education programs • Created and managed a pro bono counseling program Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 39 Agenda Item No. 16D11 February 13, 2007 DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT... DRAFT...DRAFT...D T3 of 49 Gail H. Tunnock, page 2 • Established and current administered a program for children of divorce • Successfully disseminated the I Can Problem Solve • Designed tools and evaluate programs for effectiveness 1992- 1995 Consultant Naples, Florida • Provided individualized parent education and consultation with Anchor Counseling and Training Center • Innovated, publicized and conducted community workshops for parents and professionals • Provided in -home counseling to high -risk children and families for Networking Programs, a non - profit agency • Developed and instructed divorce education classes for children with Anchor Counseling • Served on the Board of the Naples Alliance for Children 1990- 1992 Director, IDEAS Inc., Naples and Ft. Myers, Florida • Conceptualized family resource program and co- authored successful state grant • Directed five- county family resource agency with budget of over $200,000 • Assisted in developing budget, personnel policies and by -laws of new agency • Executed evaluation design for child abuse prevention programming 1986-1990 Family Resource Specialist, David Lawrence Center Naples, Florida • Provided training in child abuse prevention to community groups and professionals • Trained and supervised parent educators for voluntary and court ordered classes • Instituted a community network for children and served as chair of the prevention committee Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 40 Agenda Item No. 16D11 / Februar Pa gy e 1" 3301 East Tamiami Trail • Naples, Florida 34112-4977 / (239) 774 -8097 • Fax (239) 774 -3602 Donna Fiala District 1 Frank Halas District 2 February 13, 2007 Tom Henning District 3 Diane M. Stuart, Director Fred Coyle District ct 4 g Office on Violence Against Women Jim Coletta 800 K Street, NW, Suite 920 District 5 Washington, DC 20530 Dear Ms. Stuart: Collier County certifies that funds awarded through the Safe Havens: Supervised Visitation and Safe Exchange Grant Program will be used to supplement existing funds for program activities and will not replace (supplant) nonfederal funds that have been appropriated to support supervised visitation and safe exchange of children, by and between parents, in situations involving domestic violence, child abuse, sexual assault, or stalking. Collier County understands that supplanting violations can result in a range of penalties, including suspension of future funds under this program, suspension or debarment from federal grants, recoupment of monies provided under this grant, and civil and/or criminal penalties. S incerely, James Coletta Chairman Collier County Board of County Commissioners Agenda Item No. 16D11 February 13, 2007 Paae 45 of 49 -- Memorandum of Understanding Collier County Government is the lead Safe Havens: Supervised Visitation and Safe Exchange Grant Program applicant, and supports the Collier County Child Advocacy Council operating the local supervised visitation center. Collier County Government enters into a Memorandum of Understanding with the Shelter for Abused Women and Children operating the local certified domestic violence agency, the 20th Judicial Circuit Court, the Collier County Sheriff's Department, and the David Lawrence Center, the local batterer's intervention program, substance abuse treatment and community mental health center. I. History of Relationship The Shelter for Abused Women and Children began collaborating with the local supervised visitation agency in 1997. The respective Executive Directors have communicated regarding the provision of visitation services to battered women and their children on a regular basis. Throughout this relationship, the Shelter provided training for visitation center staff in the following areas: recognizing signs of domestic violence, methods and strategies for working with victims of domestic violence, and domestic violence potential impacts on children and the battered women. The Shelter assists their clients in seeking supervised visitation services. The visitation center refers clients identified through the 20th Judicial Court system to the Shelter for crisis intervention, follow -up, and advocacy. Additionally, the directors and staff continue to develop a comprehensive plan for building a larger collaborative effort on supporting domestic violence response and the utilization of supervised visitation and safe exchange services. The partnering organizations goals are the protection of battered women and their children in all settings. As a result, the supervised visitation center and the Shelter are striving to develop an expanded collaboration including child abuse and neglect organizations, law enforcement, courts, hospitals, legal advocates, families, and community groups. They have established an effective method of communication with the local court system to develop an awareness and understanding among the potential collaborators of the unique circumstances surrounding supervised visitation in cases of domestic violence. II. Development of the Application As this formal collaboration continues, the applicant, Collier County Government met with the visitation agency and Shelter directors to develop a grant application response. During the first Safe Havens Grant cycle, the Visitation Program Director and Memorandum of Understanding partners received training and consultation from Office on Violence Against Women, the Clearinghouse on Supervised Visitation, Praxis International, and the National Council of Family and Juvenile Court Judges. Additionally the partners discussed the recent implementation of this project and the need for the continuation of these services for rural areas of the county especially Immokalee and for the underserved population specifically immigrant families. Recent discussions among the agency directors, county representatives and local court representatives have led to the agreement reflected in this Memorandum and the submission of the grant application. Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 OVW- 2007 -1525 Auenda Item No. 16D11 February 13, 2007 Page 46 of 49 III. Roles and Responsibilities The Shelter for Abused Women and Children Work with the supervised visitation center to improve cross - agency collaboration among the child abuse and neglect organizations, law enforcement, courts, hospitals, legal advocates and community groups. Provide up to three domestic violence training sessions per year for the supervised visitation center staff and for additional collaboration members. Refer all battered women with children in need of supervised visitation or exchange services to the local visitation center and follow -up on the outcome of the referrals through the local court system. Promote training/education of local law enforcement agencies and court representatives regarding domestic violence issues and supervised visitation. Collier County Child Advocacy Council Dedicate two (2) FTE staff, .5 FTE of a program director to provide supervised visitation and safe exchange services. Maintain the confidentiality of individuals and families using the local visitation agency services. Coordinate partner meetings and provide programmatic data to the County for submission to Office on Violence Against Women Provide facilities, staff and required security to implement the program service objectives. Review all policies and procedures of the visitation services and amend as needed. Coordinate training for partners and visitation staff. Submit program evaluation information to local and national evaluators as required by the grantor. Submit financial documentation for accounting as needed. Provide training to partner and other community agencies on supervised visitation, mandatory reporting requirements, overview, dynamics and services for child abuse and sexual assault victims, and resources for families. 20`h Judicial Circuit Court Submit referrals and relevant case information to local visitation center and receive follow -up from the supervised visitation center on the outcome of the referrals. 2 Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 OVW -2007 -1525 Aaenda item No. 16D11 February 13, 2007 Page 47 of 49 Provide direction for improving communication between the Court and the supervised visitation provider. Participate in training for collaboration partners on the legal system and its role in working with victims of domestic violence, child abuse, sexual assault and stalking. Designate a representative to participate in the collaboration meetings. Collier County Sheriff's Department Provide direction for improving communication between the local supervised visitation center and local law enforcement. Provide consultation on safety and security issues for the supervised visitation center. Participate in training for collaboration partners on the legal system and its role in working with victims of domestic violence, child abuse, sexual assault and stalking. Designate a representative to participate in the collaboration meetings. David Lawrence Center Provide consultation on issues relating to domestic violence from the perspective of the batterer's intervention program designed to promote change for the perpetrators. Provide training and consultation on issues relating to substance abuse intervention and treatment and accept referrals for substance abuse evaluations on cases referred to the supervised visitation center for the evaluations as ordered by the court. Participate in training for collaboration partners on domestic violence, child abuse, sexual assault and stalking. Provide training to the supervised visitation center staff and other partners on the issues related to mental illness. Designate a representative to participate in the collaboration meetings. Collier County Government Serve as the fiscal agent for the grant project and offer staff support. Ensure compliance with the reporting requirements of the Office on Violence against Women. Support the collaboration efforts of the project by providing a conference room for partner meetings. Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 OVW- 2007 -1525 Agenda Item No. 16911 February 13. 2007 Pace 48 of 49 IV. Time Line The roles and responsibilities described above are contingent on the grantee, Collier County Government, receiving the funds requested for this project in the Office on Violence Against Women grant application. The beginning and end dates of this collaborative effort would coincide with the grant period, anticipated to be September 1, 2007 through August 30, 2009. Approval We the undersigned have read and agree with this Memorandum of Understanding. Further, we have reviewed the portion of the proposed project budget pertaining to the collaborative effort described herein, and approve it in its entirety. i Date Jacqueline Griffith Stephens Executive Director Collier County Child Advocacy Council Date James Coletta Chairman Collier County Board of Commissioners Approved as to form and legal sufficiency By Date L — I — d!z27 Thomas Palmer Assistant Collier County Attorney ATTEST DWIGHT E. BROCK, CLERK LO-Z Date Kathy Herrmann Catino Chief Executive Officer Shelter for Abused Women and Children LIM Date L. Caron Jeffreys Court Administrator Twentieth Judicial Circuit Court um Date David Schimmel Chief Executive Officer David Lawrence Center By Date Don Hunter Sheriff Collier County Sheriff's Department 4 Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 OVW- 2007 -1525 Agenda Item No. 16D11 February 13, 2007 Page 49 of 49 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D11 Item Summary: Recommendatior to approve application and Memorandum o` Understanding for a Safe Havens. Supervised Visitation and Safe Exchange Grant in the amount of 8200.000 from the United States Department of Justice and it awarded to serve as the Fiscal agent and to authorize star to negotiate a subrec :pient agreement with Chile Advocacy Cbuncd (d.b a. Child Protection Tears) Meeting Date: /1312007 g 0000 AM Prepared By Marcy Krumbine Director Date Public Services Housing & Human Services 112912007 5:38'.38 PM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 1130/2007 11:45 AM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 211/2007 10:39 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin, 21112007 3:46 PM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management & Budget 2/112007 4:24 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 2!512007 12:06 PM Approved By Michael Smvkowski Management & Budget Director Date County Manager's Office Office of Management & Budget 2/512007 12:33 PM Approved By James V. Mudd County Manager Date Board at County Commissioners County Manager's Office 2/712007 9:16 AM Agenda Item No. 16D12 February 13, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to authorize the Chairman to sign the amendment between Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida and approve budget amendments to reflect an overall decrease of $21,000 in the Older Americans Act programs. OBJECTIVE: The execution of this contract and budget amendments is necessary to recognize a decrease in grant funding in the Services for Seniors program. CONSIDERATIONS: Collier County Services for Seniors has been providing in -home support services to Collier County's frail elderly for the past 32 years through the Older Americans Act program. The Spending Authority in Title III -B had a surplus of $24,000, therefore, this will decrease the budget for the program that ended December 31, 2006. The Title III -E Caregiver Support program budget will increase by $3,000, resulting in a net decrease of $21,000 across both programs. The contract period is from January 1, 2006 through December 31, 2006. Program Component Amount Increase /(Decrease) Title III -B Spending Authority ($24,000) Title III -E Caregiver Support Program $3,000 Net OAA Funding Decrease $21,000 GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: FY 06 -07 budget in the Older Americans Act cost center (155972) will decrease by $21,000. No additional matching funds are required. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners authorize the Chairman to sign the contract and approve the necessary budget amendments. The contract has been reviewed and approved by the County Attorney's Office. Prepared by: Terri Daniels, Accounting Supervisor, Housing and Human Services Department Amendment # 003 Agenda Item No. 16D12 February 13, 2007 Agreement # OAA 20P"e 2 of 5 STANDARD AGREEMENT AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. COLLIER COUNTY SERVICES FOR SENIORS THIS AGREEMENT is entered into between the Area Agency on Aging for Southwest Florida, Inc., hereinafter referred to as the "agency ", and the Collier County Services for Seniors, hereinafter referred to as the "recipient." This agreement is subject to all provisions contained in the MASTER AGREEMENT executed between the agency and the recipient, Agreement No. HM004, and its successor, incorporated herein by reference. The purpose of this amendment is to: 1. Decrease Title IIIB amount by $24,000.00. 2. Increase Title IIIE amount by $3,000.00. This amendment shall be effective on December 15, 2006. All provisions in the contract and any Attachments thereto in conflict with this amendment shall be hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract and the Master Agreement. This amendment and all its attachments are herby made a part of the agreement. IN WITNESS WHEREOF, the parties hereto have caused this 3 page amendment to be executed by their officials thereunto duly authorized. ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency Assistant County Attorney COLLIER COUNTY HUMAN SERVICES BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I: James Coletta, Chairman Date: December 15, 2006 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA John Koehler Board President Date: December 15, 2006 Agenda Item No. 16D12 February 13, 2007 Amendment # 003 Agreement # OAA 20.r @4e 3 of 5 STANDARD AGREEMENT AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. ATTACHMENT I Program Title Year Funding Source CFDA/CSFA # Fund Amounts U.S. Dept. of Health and 93.044 -045 and Older Americans Act 2006 Human Services 93.052 Title IIIB Support Services Lead Agency Operations U.S. Dept. of Health and $ 59,473.00 Spending Authority 2006 Human Services 93.044 $ 208,465.00 Title III Cl Congregate Meals Lead Agency Operations 2006 U.S. Dept. of Health and 93.045 $ 37,015.00 Human Services Title III C2 Home Delivered Meals Lead Agency Operations U.S. Dept. of Health and 93.045 $ 33,667.00 Human Services Title IIIE Services $ 54,074.00 Supplement Services $ 16,869.00 Grandparent Services U.S. Dept. of Health and $ 3,812.00 Lead Agency Operations 2006 Human Services 93.052 $ 13,002.00 TOTAL FUNDS CONTAINED IN THIS AGREEMENT: S 426,377.00 Amendment # 003 Agenda Item No. 16D12 February 13, 2007 Agreement # OAA 20F@0e 4 of 5 STANDARD AGREEMENT AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. ATTACHMENT II OLDER AMERICANS ACT PROGRAM BUDGET SUMMARY RECIPIENT: Collier County Services for Seniors 1. Title IIIB Support Services $ 267,938.00 2. Title Cl Congregate Meals $ 37,015.00 3. Title C2 Home Delivered Meals $ 33,667.00 4. Title IIIE Services $ 87,757.00 Total $ 426,377.00 3 Agenda Item No. 16D12 February 13. 2007 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: I5D12 Item Summary: Recommendation to authorize the Chairman to sign the amendment between Collier County Board of County Commissioners a ^d the Area A9en.cv oa ogmg of Southwest �lorlda and aporove cudget emenarrcrns to reflect an overall decrease of S21.000 in the Older /,,ercans Act programs Meeting Date: 2/13/2007 9 O 00 ANN Prepared By Terri A. Daniels Grants Coordinator Date Public Services Housing & Human Services 1;2912007 2'01:33 PM Approved By Marcy Krumbme Director Date Public Services Housing & Human Services 1130!2007 7.56 AM Approved By Maria Ramsey Public Services Administrator Date Public Services Public Services Admin. 211/2007 4:11 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 2/1/2007 4:23 PM .Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 21612007 3:41 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 217/2007 8:29 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 217;2007 6:43 AM Commissioners Agenda Item No. 16E1 February 13, 2007 EXECUTIVE SUMMARY Page 1 of 3 Recommendation to approve a Resolution authorizing the Commission Chairman to execute Deed Certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2007 calendar year. OBJECTIVE: To obtain Board of County Commissioners' (Board) approval and execution of the attached Resolution authorizing the Chairman to execute Deed Certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery (Cemetery) during the 2007 calendar year. CONSIDERATION: The need existed in Collier County for cemetery space for interment of deceased indigents. In December 1964 a 20 acre parcel was purchased on Little League Road in Immokalee for this purpose. The property was platted as a cemetery in 1967 with 17,850 (984 infant and 16,866 adult) burial plots. The Cemetery was used solely for indigent burials until opened to the public in 1982. The Board formally adopted a Cemetery operations policy in July 1982 under Resolution 82 -105. The policy was revised on September 22, 1987, again on May 1, 1990, and again on September 9, 2003. According to the policy, the Real Estate Services section of the Facilities Management Department, under the Administrative Services Administrator, is responsible for the daily administration of the Cemetery, which includes preparing and processing Deed Certificates for the sale of burial plots to the public. Deed Certificates require execution by the Board Chairman, and prior to 1992, sales transactions were presented to the Board for approval on an individual basis. These sales are numerous and in order to expedite the acquisition process and relieve the Commissioners of having to review format documents, the Board has since granted the sitting Chairman the authority to execute Deed Certificates on the Board's behalf without further approval required. Deed Certificates are approved by the County Attorney's Office prior to submittal to the Chairman for execution. The current prices for the burial plots are $375 for a standard adult plot, $150 for a veteran plot, and $100 for an infant plot. Staff is estimating revenue from burial plot sales for FY 06/07 to be approximately $21,000. FISCAL IMPACT: All proceeds from plot sales are deposited in the General Fund Account (001). GROWTH MANAGEMENT: There is no impact on the County's long -range planning effort. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to execute the attached Resolution. PREPARED BY: Linda Sujevich, Administrative Secretary, Real Estate Services / Department of Facilities Management Agenda Item No, 16E1 February 13, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16-- 1 - Item Summary: Recommendation to approve a Resolution authorizing the Commission Chairman to execute Deed Certif;cates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery au, ing the 2007 calendar year Meeting Date: ^_11 312007 9 00 00 AM Prepared By Linda Sujevich Administrative Secretary Date Administrative Services Real Estate Services IN 2!2007 4:47:03 PM. Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 111612007 7:14 AM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 1116/2007 12:53 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 1126/2007 1:23 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 113012007 7:43 AM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 113012007 9:57 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/31/2007 4:36 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 113112007 6:11 PM Agenda Item No. 1 E1 February 13, 2 07 RESOLUTION NO. 2007- Page 3 if 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER, COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF DEED CERTIFICATES FOR THE LAKE TRAFFORD MEMORIAL GARDENS CEMETERY, BY THE CHAIRMAN OF THE BOARD FOR THE 2007 CALENDAR YEAR. WHEREAS, Collier County acquired a twenty (20) acre site by Warranty Deed dated December 15, 1964 from J.C. Turner Lumber Company and recorded in the Public Records of Collier County in O.R. Book 180, Page 773 on December 21, 1964, for use as a public cemetery known as the Lake Trafford Memorial Gardens Cemetery; and WHEREAS, the Board of County Commissioners adopted Resolution No. 82 -105 on July 27, 1982, which governs the rights of interment, administration, maintenance and development of the Lake Trafford Memorial Gardens Cemetery, said policy including the disposition of indigent deceased^, and WHEREAS, the Board of County Commissioners adopted Resolution 87- 224•on September 22, 1987, which revises Resolution No. 82 -105 regarding the operation of the cemetery; and WHEREAS, the Board of County Commissioners adopted Resolution No. 90 -214 on April 17, 1990, which reserves a section in the Veterans Section for the purpose of providing a memorial; and WHEREAS, the Board adopted Resolution No. 90 -242 on May 1, 1990 and Resolution No. 03 -290 on September 9, 2003, which revised the rules and regulations which govern the administration and development of the cemetery; and WHEREAS, there is a benefit to the County and to the public if the administrative procedures concerning Deed Certificates for the Lake Trafford Memorial Gardens Cemetery are expedited, while maintaining the safeguards of staff and legal counsel review of such documents; and WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time for Board approval on reviewed and approved Deed Certificates for the Lake Trafford Memorial hardens Cemetery. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA that: The Board of County Commissioners does hereby authorize the Chairman of the Board of County Commissioners to execute Deed Certificates for the Lake Trafford Memorial Gardens Cemetery, pursuant to Resolution No. 03 -290 dated September 9, 2003, and the County's administration of that Resolution, whereupon the Deed Certificates have been previously reviewed and approved by the Facilities Management Department and the County Attorney's Office. 2. The authorization of the Chairman to execute the Deed Certificates for'the Lake Trafford Memorial Gardens Cemetery hereunder shall extend solely for the 2007 calendar year. This Resolution adopted this day of , 2007, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk Appr ved as to for and legal sufficiency: eidi . As t n Assistant County Attorney BY: Agenda Item No. 16E2 February 13, 2007 Page 1 of 7 j EXECUTIVE SUMMARY Recommendation to approve the addition of the classification "Director - Operations Support - PUD" to the 2007 Fiscal Year Pay and Classification Plan and the removal of the classification of "Director - Utilities Finance Operations" from the 2007 Fiscal Year Pay and Classification Plan. OBJECTIVE: To gain approval from the Board of County Commissioners to approve the addition of the classification "Director — Operations Support — PUD" to the 2007 Fiscal Year Pay and Classification Plan as a pay grade 30, and the removal of the pay grade 30 `Director — Utilities Finance Operations" from the 2007 Fiscal Year Pay and Classification Plan. CONSIDERATION: A recent study of certain classifications within the Public Utilities Division has resulted in the updating of the job responsibilities of this Director classification. This is a change in title with no change in compensation. The re- titling to "Director— Operations Support — PUD" will render the "Director — Utilities Finance Operations" obsolete and it can be removed from the Pay Plan. FISCAL IMPACT: The results of this action will have no fiscal impact to the County since there is no salary increase associated with this change in title. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the addition of the classification `Director — Operations Support — PUD" to the 2007 Fiscal Year Pay and Classification Plan as a pay grade 30, and the removal of the pay grade 30 "Director — Utilities Finance Operations "from the 2007 Fiscal Year Pay and Classification Plan. PREPARED BY: Donald B. Albonesi, Manager — Compensation, Department of Human Resources Agenda fern No. 16E2 February ;,3. 2007 Page 2 of COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16 -- 2 Item Summary: Pecommencaron to approve the audition of the ciasslLCaticr,- irOOtOrGperauons Support llC to the 2007 Fiscal Year Pay Plan & the rernoval of the c:assifrcanori DreclarUvIIh85 Finance Operations from the 200- Fiscal Year Pay Plan Meeting Date: 2 /1 3/2007, O OO:OO AM Prepared By Donald Albonesi Compensation Manager Date Adnurnstrative Services Human Resources 10912007 9:39:24 AM Approved By Donald Albonesi Compensation Manager Date Administrative Services Human Resources 1119;2007 9:39 AM Approved By Jean Morn" Human Resources Director Date Administrative Services Human Resources 1125/2007 4:28 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 1/26/2007 1:26 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1130/2007 7:44 AM Approved By Laura Davisson Management & Budget: Analyst Date County Manager's Office Office of Management & Budget 1!3012007 10:03 AM Approved By Randy Greenwald Management /Budget Analyst Date ,. County Manager's Office Office of Management & Budget 113012007 10:11 AM Approved By Michael Smykowski Management & Budget Director Date County Managers Offine Office of Management & Budget 21112007 8:16 AM Approved By James V. (Mudd County Manager Date Board of County County Manager's Office 21112007 6:41 PM Commissioner, Agenda Item No. 16E2 February 13, 2007 Page 3 of 7 Class Code: 25304 Pay grade: 30 COLLIER COUNTY, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: DIRECTOR — OPERATIONS SUPPORT — PUBLIC UTILITIES PURPOSE OF CLASSIFICATION The purpose of this classification is to provide operational and financial management oversight to all areas within the Public Utilities Division. Assists in long tern planning process and provides recommendations and guidance on topics in all operational areas of Public Utilities Division (PUD). Provides financial guidance, leadership and oversight to all functional business areas within the Public Utilities Division. Performs and /or assigns complex financial analyses to support business decisions; oversees the capital and operating budget for the Division and provides guidance on financing alternatives for major capital projects. Provides financial management advice to the PUD senior management team. Interfaces and communicates with the finance and budget departments of Collier County. Ensures that adequate revenues and external financing are available to fund annual operating and debt service budget and capital budget. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, developing goals and objective, monitoring progress and completing employee performance appraisals; reviews all division performance appraisals for consistency, interviews and selects new employees; coordinates staff training activities. Oversees daily work activities; organizes, prioritizes, and assigns work; monitors status of work in progress and inspects completed work; confers with staff, assists with complex /problem operational and customer situations, and provides technical expertise. Ensures compliance with all applicable codes. laws, rules, ordinances, regulations, standards, policies and procedures; ensures adherence to established safety procedures; monitors work environment and use of safety equipment to ensure safety of employees and other individuals; initiates any actions necessary to correct deviations or violations. Functions as deputy to the Administrator of Public Utilities Division completing activities as anticipated and/or assigned; interfaces directly with the Board on issues. Acts in the role of the Administrator in the latter's absence and participates in or conducts staff meetings. Consults with County Administration, County officials, ordinances. Citizens Advisory Boards, associations, or other agencies' officials, other departments, the County Management to review operations /activities, review /resolve problems, receive advice /direction, and provide recommendations; provides financial and management advice to County Administration and to department directors; responds to inquiries and complaints from Board of County Commissioners; prepares and delivers presentations to Board regarding budgets, rate changes, or other topics; serves as financial liaison to County finance and budget divisions. Provides financial management and oversight to all areas within the Public Utilities Department; provides leadership and supervision to financial and operational staff in support of departmental business activities; oversees general accounting, accounts payable, revenue management, purchasing, customer service, or other financial functions. © DMG- MAXIMUS, INC. Page 1 Last Revised: May, 2006 Agenda Item No. 16E2 February 13, 2067 Page 4 of 7 Collier, County, Florida • Director- Operations -Public Utilities Assists, and participates in negotiations and contract development and administration with external agencies for funding and assistance during emergency response and recovery. Communicates to, participates on, and interfaces with County Manager's County Finance Committee to evaluate external financing efforts for County projects. Participates and provides financial and business expertise in various RFP solicitations with external vendors whether on operational or business topics such as assessment of health insurance for Risk Management; assists with selection of optimal vendor to provide equipment or services. Develops and implements external financing plans on major capital projects. Implements and determines allocation of external financing between State Revolving Funds, Revenue Bonds financing and Commercial Paper. Determines and analyzes financing alternatives. Develops, recommends, and assists with long term planning to achieve County Manager Office, divisional and departmental goals and objectives. Negotiates inter -local agreements for local utilities' services with other utilities and municipalities. Assumes lead role in contract negotiations for a variety of operational needs, such as Solid Waste services and with Habitat for Humanity, Florida Government Utility Authority and Marco Island. Oversees reviews and ensures timely and accurate completion of all Division Work Plans, Action Plans, and Strategic Plans. Provides direct input to the Administrator's KRA's. Develops, updates, and implements departmental and division objectives, policies and procedures; establishes and enforces policies governing financial and business decisions within department operations; develops and implements internal controls to reduce potential of errors; reviews financial operations, policies, procedures, and processes for efficiency and effectiveness, and implements needed improvements. Participates in division wide operations, discussions and decision making sessions; develops an understanding of alternatives and options and makes recommendations on alternative solutions. These recommendations may be on inter - agency, intra- divisional or departmental issues. Develops, implements and administers division capital and operating budgets; establishes deadlines and monitors progress of annual budget activities; reviews budget submissions in conjunction with Administrator; prepares /delegates portions of annual budget consolidation process, including summarization of data for review, review with Administrator, and presentation to Board; develops and presents creative alternatives to department spending plans to conserve budgeted funds; administers approved budget; participates in monthly reviews of capital and operational budgets versus actual budget; provides guidance and recommendations on financing alternatives for major capital projects. Performs complex financial analyses to support business decisions; performs financial analysis pertaining to costs of major capital projects. Provides leadership direction and integration in the development, review and presentation for approval of master plans, rate studies and impact fee studies. Provides financial assistance and support for internal and external customers, including the Board of County Commissioners, management personnel of other County departments, and residential /commercial public utilities customers; provides advice to department directors on financial, budgeting, and management activities; provides financial advice on procurement activities. Responds to complaints and questions related to financial aspects of utility operations; investigates complaints from residential /commercial customers; researches problems, provides information, initiates problem resolution, drafts responses and performs follow -up. © DMG- MAXIMUS, INC. Page 2 Last Revised: May, 2006 Agenda Item No. 161=2 February 13, 2007 Page 5 of 7 Collier, County, Florida • Director- Operations -Public Utilities Oversees activities and analyses needed to secure grant funding; analyzes grant funding opportunities; prepares or reviews loan and grant applications; administers activities to retain compliance with requirements of loans and grants; ensures timely submission of required reports and reimbursement requests. Prepares or completes various forms, reports, correspondence, budget documents, executive summaries, status reports, financial analyses, personnel appraisals, personnel forms, legal correspondence, presentations, or other documents. Receives various forms, reports, correspondence, balance sheets, income statements, budget reports, invoices, funding requests, timesheets, draft ordinances, codes, legal documents, ordinances, statutes, policies, procedures, accounting guidelines, manuals, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Operates a personal computer, audio /visual equipment, or other equipment as necessary to complete essential functions, to include the use of word processing, spreadsheet, database, financial system, presentation, e-mail, Internet, or other computer programs. Communicates with County officials, other departments, employees, consultants, attorneys, auditors, vendors, customers, the public, community organizations, the media, outside agencies, and other individuals as needed to coordinate work activities, review status of work, exchange information, resolve problems, or give /receive advice /direction. Attends meetings, serves on committees, and makes presentations as needed; delivers presentations to customers or groups regarding topics such as formation of municipal benefit units, utility billing procedures or effluent charges to golf courses; Maintains a comprehensive, current knowledge of applicable laws /regulations; maintains an awareness of new trends and advances in the profession; reads professional literature, maintains professional affiliations; attends workshops and training sessions as appropriate. Has final oversight and final approval of all Executive Summaries, Personnel Action Requests (PAR's) and financial requests impacting Public Utilities, prior to Administrator approval. ADDITIONAL FUNCTIONS Provides assistance to other employees or departments as needed. Performs general /clerical tasks, which may include answering telephone calls, making copies, sending, /receiving faxes, filing documentation, or processing incoming /outgoing mail. Assist department directors and staff in executing their duties (a mentoring and guidance role). Provides the ultimate recommendation on all financial issues. Provides expertise, knowledge and analysis to division projects and business operations as requested. Performs other related duties as required. In the event of a declared state of emergency, employees in this classification may be called to work during days or hours other than those for which they are regularly scheduled. MINIMUM QUALIFICATIONS © DMG- MAXIMUS, INC. Page 3 Last Revised: May, 2006 Agenda Item No. 16E2 February 13, 2007 Page 6 of 7 Collier, County, Florida • Director- Operations -Public Utilities Bachelor's degree in Finance, Accounting, or closely related field; supplemented by six (6) years previous experience and/or trainings in multiple businesses that includes progressively responsible financial /operating management involving governmental accounting, budget management, capital appropriations, financial analysis, general management, and personal computer operations; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Certification as a valid Certified Public Accountant (CPA) certification is strongly preferred. Must possess and maintain a valid Florida driver's license. PERFORMANCE APTITUDES Data Utilization: Requires the ability to coordinate, manage, and/or correlate data. Includes exercising judgment in determining time, place and /or sequence of operations, referencing data analyses to determine necessity for revision of organizational components, and in the formulation of operational strategy. Human Interaction: Requires the ability to function in a director level capacity for a division or organizational unit. Includes the ability to make decisions on procedural and technical levels. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, advisory and/or design data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may include ability to compute discount, interest, and ratios; may include ability to calculate surface areas, volumes, weights, and measures. Functional Reasoning: Requires the ability to apply principles of logical or synthesis functions; to deal with several concrete and abstract variables; and to analyze major problems that require complex planning for interrelated activities that can span one or several work units. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly measurable or verifiable. Leadership: Requires demonstrated ability to provide advice and guidance to the Administrator and other Department Directors. This applies to both financial and operational matters. Also, this position must further the growth of the organization by demonstrating a strong positive attitude and resilience, and demanding that of the rest of the organization. Customer Service: Requires the recognition and promotion of support for satisfying internal and external customer needs. The incumbent must demonstrate the strong customer service approach and demand that of all employees. Financial Accountability: This position is accountable for all financial decisions and expenditures, including budgeting, revenue generation (fee and rate structures), operating and capital expenditures and external financing decisions. ADA COMPLIANCE Phvsical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and /or pulling of objects and materials of light weight (5 -10 pounds). Tasks may involve extended periods of time at a keyboard or workstation. C DMG- MAXIMUS, INC. Page 4 Last Revised: May, 2006 Agenda Item No. 16E2 February 13, 2007 Page 7 of 7 Collier, County, Florida • Director- Operations -Public Utilities Sensory Requirements: Some tasks require the ability to perceive and discriminate visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. Collier County is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the County will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. © DMG- MAXIMUS, INC. Page 5 Last Revised: May, 2006 Agenda Item No. 16E3 February 13, 2007 Page 1 of 40 EXECUTIVE SUMMARY Recommendation to approve amendments to the County's current agreement with ICMA- Retirement Corporation (ICMA -RC) that provides a deferred compensation plan to County employees. OBJECTIVE: To gain approval from the Board of County Commissioners to approve amendments to the County's current agreement with ICMA -RC that provides a deferred compensation plan to County employees. CONSIDERATION: The County currently provides employees with the opportunity to save for their retirement through a deferred compensation plan offered by ICMA -RC. This plan is commonly known as a "457 plan," to cite the section of the IRS code that provides for the offering of such a plan. ICMA has recommended certain changes to the Plan Document, consistent with the Internal Revenue Service code, as follows: • Allow deferrals from sick, vacation and back pay as long as the amounts are paid within 2'/2 months following severance from employment. • Allow employees whose employment is interrupted by qualified military service to elect to contribute additional amounts to the deferred compensation plan upon resuming employment. • Allow participants who have reached age 70 '/2 and are still actively employed to request a distribution of all or any portion of their vested account balance at any time. • Allow participants who have assets in their account attributable to rollover contributions from another qualified plan (457, 403(b), 401(a), 401(k) or traditional IRA) to elect to receive a distribution of all or any portion of the rollover assets. Staff recommends approval of these changes since they provide more flexibility to employees in managing and accessing their retirement assets. The attachments show the detail of the Plan and Trust and of the amendment implementation process. FISCAL IMPACT: The results of these actions will have no fiscal impact to the County. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the amendments to the County's current agreement with ICMA -RC that provides a deferred compensation plan to County employees. PREPARED BY: Don Albonesi, Compensation Manager, Department of Human Resources Agenda Item No. 16E3 February 13, 2007 Page 2 of 40 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E3 Item Summary: Recommendation to approve amendments to the Countys current agreement with ICMA- Retirement Corporation (ICMA -RC) that provides a deferred compensation plan to County employees. Meeting Date: 2/13/2007 9.00:00 AM Prepared By Donald Albonesi Compensation Manager Date Administrative Services Human Resources V2512007 9:19:04 AM Approved By Donald Albonesi Compensation Manager Date Administrative Services Human Resources 1125/2007 9:18 AM Approved By ,lean Merritt Human Resources Director Date Administrative Services Human Resources 1/2512007 10:31 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 112612007 1:29 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 113012007 7:49 AM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 1/30/2007 10:00 AM Approved By Michael Smykowski Management & Budget Director Date ^ / County Manager's Office Office of Management & Budget 211/2007 8:33 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/112007 8:30 PM A / •� © �� d. °:» w « a« � «� � a> 2 » . � :����2�'�� =��•��'�... ��� ...,00.000r,� /� \ /� \ »�� \ \ :� \ I DEFERRED COMPENSATION PLAN AND TRUST As Amended and Restated Effective January 1, 2006 Article I. Purpose Agenda Item No. 16E3 February 13, 2007 Page 4 of 40 The Employer hereby establishes and maintains the Employer's Deferred Compensation Plan and Trust, hereafter referred to as the "Plan." The Plan consists of the provisions set forth in this document. The primary purpose of this Plan is to provide retirement income and other deferred benefits to the Employees of the Employer and the Employees' Beneficiaries in accordance with the provisions of Section 457 of the Internal Revenue Code of 1986, as amended (the "Code "). This Plan shall be an agreement solely between the Employer and participating Employees. The Plan and Trust forming a part hereof are established and shall be maintained for the exclusive benefit of Participants and their Beneficiaries. No part of the corpus or income of the Trust shall revert to the Employer or be used for or diverted to purposes other than the exclusive benefit of Participants and their Beneficiaries. Article II. Definitions 2.01 Account. The bookkeeping account maintained for each Participant reflecting the cumulative amount of the Participant's Deferred Compensation, including any income, gains, losses, or increases or decreases in market value attributable to the Employer's investment of the Participant's Deferred Compensation, and further reflecting any distributions to the Participant or the Participant's Beneficiary and any fees or expenses charged against such Participant's Deferred Compensation. "` -1k 02 Accounting Date. Each business day that the New York Stock Exchange is open for trading, as provided in Section 6.06 for valuing the Trust's assets. 2.03 Administrator. The person or persons named in writing to carry out certain nondiscretionary administrative functions under the Plan, as hereinafter described. The Employer may remove any person as Administrator upon 75 days' advance notice in writing to such person, in which case the Employer shall name another person or persons to act as Administrator. The Administrator may resign upon 75 daps' advance notice in writing to the Employer, in which case the Employer shall name another person or persons to act as Administrator. 2.04 Automatic Distribution Date. April 1 of the calendar year after the Plan Year the Participant attains age 70 -1 /2 or, if later, has a Severance Event. 2.05 Beneficiary. The person or persons designated by the Participant in his or her Joinder Agreement who shall receive any benefits payable hereunder in the event of the Participant's death. In the event that the Participant names two or more Beneficiaries, each Beneficiary shall be entitled to equal shares of the benefits payable at the Participant's death, unless otherwise provided in the Participant's Joinder Agreement. If no beneficiary is designated in the Joinder Agreement, if the Designated Beneficiary predeceases the Participant, or if the designated, Beneficiary does not _ survive the Participant for a period of :fifteen (15) days, then the estate of the Participant shall be the Beneficiary. If a married Participant resides in a community or marital property state, the Participant shall be responsible for obtaining appropriate consent of his or her spouse in the event the Participant designates someone other than his or her spouse as Beneficiary. The preceding sentence shall not apply with respect to a Deemed IRA under Article DC 2.06 Deemed IRA. A separate account or annuity established under the Plan that complies with the requirements of Section 408 (q) of the Code, the Income Tax Regulations thereunder, and any other IRS guidance. Agenda Item No. 16113 Fehru v 13.. 2007 2.07 Deferred Compensation. The amount of Includible Compensation otherwise payable to the is Wa6vhich the Participant and the Employer mutually agree to defier hereunder, any, amount credited to a Participant's Account by reason of transfer under Section 6.09 or 6. 10, a rollover under Section 6.11, or any other amount which the Employer agrees to credit to a Participant's Account. 2.08 Dollar Limitation. The applicable dollar amount within the meaning of Section 457(b)(2) (A) of the Code, as adjusted for the cost- of- Iiving in accordance with Section 457(e)05) of the Code. 2.09 tinployee. Any individual who provides services for the Employer, whether as an eiriployee of the Employer o`r as an independent contractor, and who has been designated by the Employer as eligible to participate in the Plan. 2.10 Employer. of the [State /Commonwealth] of Code. which is a political subdivision, agency or instrumentality described in Section 457(e)(1)(A) of the 2.11 457 Catc6L -Up Dollar Limitation. Twice the Dollar Limitation. 2.12 1.ndudible Compensation. Includible Compensation of a Participant. means "compensation," as defined in Section 415(c)(3) of the Code, for services performed for the Employer. Includible Compensation shall be determined without regard to any community property laws. For purposes of a Participant's Joinder Agreement only and not for purposes of the limitations in Article V, Includible Compensation shall include any employer contributions to an integral part trust of the employer providing retiree health care benefits. 2.13 Joinder Agreement. An agreement entered into between an Employee and the Employer, including any amendments or modifications thereof. Such agreement shall fix the amount of Deferred Compensation, specify a preference among the investment alternatives designated by the Employer, designate the Employee's Beneficiary or Beneficiaries, and incorporate the terms, conditions, and provisions of the Plan by reference. 2.14 Normal Limitation. The maximum amount of Deferred Compensation for any Participant for any taxable year (other than amounts referred to in Sections 6.09, 6. 10, and 6.11). 2.15 Normal Retirement Age. Age 70 -1/2, unless the Participant has elected an alternate Normal Retirement Age by written instrument delivered to the Administrator prior to a Severance Event. A Participant's Normal Retirement Age determines the period during which a Participant may utilize the 457 Catch -Up Dollar Limitation of Section 5.02(b) hereunder. Once a Participant has to any extent utilized the catch -up limitation of Section 5.02(b), his Normal Retirement Age may not be changed. A Participant's alternate Normal Retirement Age may not be earlier than the earliest date that the Participant will become eligible to retire and receive immediate, unreduced retirement benefits under the Employer's basic defined benefit retirement plan cgvering the Participant (or a money purchase pension plan in which the Participant also participates if the Participant is not eligible to participate in a defined benefit plan), and may not be later than the date the Participant will attain age 70 -1/2. If the Participant will not become eligible to receive benefits under a basic defined benefit retirement plan (or money purchase pension plan, if applicable) maintained by the Employer, the Participant's alternate Normal Retirement Age may not be earlier than 65 and may not be later than age 70 -1/2. In no event may a Participant's normal retirement age be different than the normal retirement age under the Employer's other 457(b) plans, if any. - In the event the Plan has Participants that include qualified police or firefighters (as defined under Section 415(b)(2)(H)(ii)(I) of the Code), a normal retirement age may be designated for such qualified police or firefighters that is not earlier than age 40 or later than age 70 -1/2. Alternatively, qualified police or firefighters may be permitt -4 to designate a normal retirement age that is between age 40 and age 70 -1/2. 2, Agenda Item No. 16E -- 2. "1'b- - Participant. Any Employee who has•joined the Plan-pursuant to the requirements of Article NeFWqPFPsOOO section 6.11 of the Plan, the term Participant includes an employee or former Employee of the Employ&W&4fa441ot yet received all of the payments of benefits to which he/she is entitled under the Plan. U7 Percentage Limitation. 100 percent of the participant's Includible Compensation availabld to be contributed as Deferred Compensation for the taxable year. 2.18 Plan Year. The calendar year. 2.19 Retirement. The first date upon which both of the following shall have occurred with respect to a participant: Severance Event and attainment of age 65. 2.20 Severance Event. A severance of the Participant's employment with the Employer within the meaning of Section 457(d)(1)(A)(ii) of the Code. In general, a Participant shall be deemed to have experienced a Severance Event for purposes of this Plan when, in accordance with the established practices of the Employer, the employment relationship is considered to have actually terminated. In the case of a Participant who is an independent contractor of the Employer, a Severance Event shall be deemed to have occurred when the Participant's contract under which services are performed has completely expired and terminated, there is no foreseeable possibility that the Employer will renew the contract or enter`into a new contract for the Participant's services, and it is not anticipated that the Participant will become an Employee of the Employer, or such other events as may be permitted under the Code. 2.21 Trust. The Trust created under Article VI of the Plan which shall consist of all compensation deferred under the Plan, plus any income and gains thereon, less any losses, expenses and distributions to Participants and Beneficiaries, a, �% Article M. Administration 3.01 Duties of the Employer. The Employer shall have the authority to make all discretionary decisions affecting the rights or benefits of Participants which may be required in the administration of this Plan. The Employer's decisions shall be afforded the maximum deference permitted by applicable law. 3.02 Duties of Administrator. The Administrator, as agent for the Employer, shall perform nondiscretionary administrative functions in connection with the Plan, including the maintenance of Participants' Accounts, the provision of periodic reports of the status of each Account, and the disbursement of benefits on behalf of the Employer in accordance with the provisions of this Plan. Article IV.. Participation in the Plan 4.01 Initial Participation. An Employee may become a Participant by entering into a Joinder Agreement prior to the beginning of the calendar month in which the joinder Agreement is to become effective to defer compensation not yet earned, or such other date as may be permitted under the Code. A new employee may defer compensation in the calendar month during which he or she first becomes an employee if a Joinder Agreement is entered into on or before the first day on which the employee performs:services for the Employer 4.02 Amendment of Joinder Agreement. A Participant may amend an executed Joinder Agreement to change the amount of Includible Compensation not yet earned which is to be deferred (including the reduction of such future deferrals to zero). Such amendment shall become effective as of the beginning of the calendar month commencing after the date the amendment is executed, or such other date as may be permitted under the Code. A Participant may at any time amend his or her Joinder Agreement to change the designated Beneficiary, and such amendment shall become effective immediately. 3 Agenda Item No. 16E3 Article�Limitations on Deferrals February 13, 2007 Page 7 of 40 5.01 Normal Limitation. Except as provided in Section 5.02, the maximum amount of Deferred Compensation for any Participant for any taxable year, shall not exceed the lesser of the Dollar Limitation or the Percentage Limitation. 5.02 Catch -Up Limitations. (a) Catch -up Contributions far Participants Age 50 and Over. A Participant who has attained the age of 50 before the close of the Plan Year, and with respect to whom no .other elective deferrals may be made to the.Plan for the Plan Year by reason of the Normal Limitation of Section 5.01, may enter into a Joinder .Agreement to make elective deferrals in addition to those permitted by the Normal Limitation in an amount not to exceed the lesser oh (1) The applicable dollar amount as defined in Section 414(v)(2)(B) of the Code, as adjusted for the cost, of- living in accordance with Section 414(y)(2) (C) of the Code; or (2) The excess (if any) of (i) The Participant's Includible Compensation for the year, or (ii) Any other elective deferrals of the Participant for such year which are made without regard to this Section 5.02(x). An additional contribution made pursuant to this Section 5.02(a) shall not, with respect to the year in which the contribution is made, be subject to any otherwise applicable limitation contained in Section 5.01 above, or be taken into account in applying such limitation to other contributions or benefits under the Plan or any other plan. This Section 5.02(a) shall not apply in any year to which a higher limAf under Section 5.02(b) applies. (b) Last Three Years Catch -up Contribution: For each of the last three (3) taxable years for a Participant ending before his or her attainment of Normal Retirement Age, the maximum amount of Deferred Compensation shall be the lesser of (1) The 457 Catch -Up Dollar Limitation, or (2) The sum of (i) The Normal Limitation for the taxable year, and (ii) The Normal Limitation for each prior taxable year of the Participant commencing after 1978 less the amount of the Participant's Deferred Compensation for such prior taxable years. A prior taxable year shall be taken into account under the preceding sentence only if (x) the Participant was eligible to participate in the Plan for such year, and (y) compensation (if any) deferred under the Plan (or such other plan) was subject to the Normal Limitation. 5.03 Sick, Vacation and Back Pay. If the Employer so elects, a Participant 'May defer all or a portion of the value of the Participant's accumulated sick pay, accumulated vacation pay and/or back pay, provided that such deferral does not cause total deferrals on behalf of the Participant to exceed the Dollar Limitation or Percentage Limitation (including any Catch -up Dollar Limitation) for the year of deferral. The election to defer such sick, vacation and/or back pay must be made in a manner and at a time permitted under Section 1.457 -4(d) of the Income Tax Regulations. Pursuant to proposed IRS regulations issued under Section 415 of the Code, the Plan may permit deferrals from compensation, including sick, vacation and back pay, so long as the amounts are paid within 2 V2 monrhs following severance from employment and the other requirements of Sections 457(b) and 415 of the Code are met. Additionally, 4 _ _ Agenda ite No. 16E3 the agreement to defer such amounts must be entered into prior to the first day of the month ig =�a. is otherwise would be paid or made available. Page 8 of 40 5.04 Other Plans. Notwithstanding any provision of the Plan to the contrary, the amount excludible from a Participant's gross income under this Plan or any other eligible deferred compensation plan under Sectiori•457(b) of the Code shall not exceed the limits set forth in Sections 457(b) and 414(v) of the Code. 5.05 Facess Deferrals: Any amount that exceeds the maximum Dollar Limitation or Percentage Limitation (including any applicable Catch -Up Dollar Limitation) for a taxable year, shall constitute an excess deferral for that taxable year. Any excess deferral shall be distributed in accordance with the requirements for excess deferrals under the Code and Section 1.457 --4(e) of the Income Tax Regulations or other applicable Internal Revenue Service .guidance. 5.06 Protection of Person Who Serves in a Uniformed Service. An Employee whose employment is interrupted by qualified military service under Section 414(u) of the Code or who is on leave of absence for qualified military service under Section 414(u) of the Code may elect to contribute additional Deferred Compensation upon resumption of employment with the Employer equal to the maximum Deferred Compensation that the Employee could have elected during that period if the Employee's employment with the Employer had continued (at the same level of Includible Compensation) without the interruption or leave, reduced by Deferred Compensation, if any, actually made for the Employee during the period of the interruption or leave. This right applies for five years following the resumption of employment (or, if sooner, for a period equal to three times the period of the interruption or leave). Article VI. Trust and Investment of Accounts 6.01 Investment of Deferred Compensation. A Trust is hereby created to hold all the assets of the Plan (except �. Deemed IRA contributions and earnings thereon held pursuant to Article DO for the exclusive benefit of Participants and Beneficiaries, except that expenses and taxes may be paid from the Trust as provided in Section 6.03. The trustee shall be the Employer or such other person that agrees to act in that capacity hereunder. 6.02 Investment Powers. The trustee or the Administrator, acting as agent for the trustee, shall have the powers listed in this Section with respect to investment of Trust assets, except to the extent that the investment of Trust assets is directed by Participants, pursuant to Section 6.05 or to the extent that such powers are restricted by applicable law. (a) To invest and reinvest the Trust without distinction between principal and income in common or preferred stocks, shares of regulated investment companies and other mutual funds, bonds, loans, notes, debentures, certificates of deposit, contracts with insurance companies including but not limited to insurance, individual or group annuity, deposit administration, guaranteed interest contracts, and deposits at reasonable rates of interest at banking institutions including but not limited to savings accounts and certificates of deposit. Assets of the Trust may be invested in securities that involve a higher degree of risk than investments that have demonstrated their investment performance over an extended period of time. (b) To invest and reinvest all or any part of the assets of the Trust in any common, .collective or commingled trust fund that is maintained by a bank or other institution and that is available to Employee plans described under Sections 457 or 401 of the Code, or any successor provisions thereto, and during the period of time that an investment through any such medium shall exist, to the extent of participation of the Plans the declaration of trust of such commonly collective, or commingled trust fund shall constitute a part of this Plan. (c) To invest and reinvest all or any part of the assets of the Trust in any group annuity, deposit administration or guaranteed interest contract issued by an insurance company or other financial institution on a commingled or collective basis with the assets of any other 457 plan or trust qualified under Section 401(a) of the Code or �-- any other plan described in Section 401(a)(24) of the Code, and such contract may be held or issued in the name of the Administrator, or such custodian as the Administrator may appoint, as agent and nominee for the Employer. During the period that an investment through any such contract shall exist, to the extent of participation of the Plan, the terms and conditions of such contract shall constitute a part of the Plan. (d) Agenda Item No. 16E3 February 13, 2007 To hold cash awaiting investment and to keep such portion of the Trust in cash or caslfi&&; Qthout liability for interest, in such amounts as rhay from time to time be deemed to be reasonable and necessary to meet obligations under the Plan or otherwise to be in the best interests of the Plan. (e) To hold, to authorize the holding of, and to register any investment to the Trust in the name of the Plan, the Employer, or any nominee or agent of any of the foregoing, including the Administrator, or in bearer form, to deposit or arrange for the deposit of securities in a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depository with other securities deposited therein by any other person, and to organize corporations or trusts under the laws of any jurisdiction for the purpose of acquiring or holding title to any property for the Trust, all with or without the addition of words or other action to indicate that property is held in a fiduciary or representative capacity but the books and records of the Plan shall at all times show that all such :investments are part of the Trust. (f) Upon such terms as may be deemed advisable by the Employer or the Administrator, as the case may be, for the protection of the interests of the Plan or for the preservation of the value of an investment, to exercise and enforce by suit for legal or equitable remedies or by other action, or to waive any right or-claim on behalf of the Plan or any default in any obligation owing to the Plan, to renew, extend the time for payment of, agree to a reduction in the rate of interest on, or agree to any other modification or change in the terms of any obligation owing to the Plan, to settle, compromise, adjust, or submit to arbitration any claim or right in favor of or against the Plans to exercise and enforce any and all rights of foreclosure, bid for property in foreclosure, and take a deed in lieu of foreclosure with or without paying consideration therefor, to commence or defend suits or other legal proceedings whenever any interest of the Plan requires it, and to represent the Plan in all suits or legal proceedings in any court of law or equity or before any body or tribunal. (g) To employ suitable consultants, depositorid; agents, and legal counsel on behalf of the Plan. (h) To open and maintain any bank account or accounts in the name of the Plan, the Employer, or any nor or agent of the foregoing, including the Administrator, in any bank or banks. (i) To do any and all other acts that may be deemed necessary to carry out any of the powers set forth herein. 6.03 Taxes and Expenses. All taxes of any and all kinds whatsoever that may be levied or assessed under existing or future laws upon the Plan, or in respect to the Trust, or the income thereof, and all commissions or acquisitions or dispositions of securities and similar expenses of investment and reinvestment of the Trust, shall be paid from the Trust. Such reasonable compensation of the Administrator, as may be agreed upon from time to time by the Employer and the Administrator, and reimbursement for reasonable expenses incurred by the Administrator in performance of its duties hereunder (including but not limited to fees for legal, accounting, investment and custodial services) shall also be paid from the Trust. 6.04 Payment of Benefits. The payment of benefits from the Trust in accordance with the terms of the Plan may be made by the Administrator, or by any custodian or other person so authorized by the Employer to make such disbursement. The Administrator, custodian or other person shall not be liable with respect to any distribution of Trust assets made at the direction of the Employer. 6.05 Investment Funds. In accordance with uniform and nondiscriminatory rules established by the Employer and the Administrator, the Participant may direct his or her Accounts to be invested in one (1) or more investment funds available under the Plan; provided, however, that the Participant's investment directions shall not violate any investment restrictions established by the Employer. Neither the Employer, the Administrator, nor any other person shall be liable for any losses incurred by virtue of following such directions or with any reasonable administrative d Aigy in implementing such directions. 6 Agenda Item No. 16E3 " Od �aluatigA of ccounts. As of each Accounting Date, the Plan assets held in each investment fiubi�w4d5sh0be valued at fair market value and the investment income and gains or losses for each fund shall be detePriNfed 0 Sd& investment income and gains or losses shall be allocated proportionately among all Account balances on a fund -by- fund basis. - The allocation shall be in the proportion that each such Account balance as of the immediately preceding Accounting Date bears to the total of all such Account balances as of that Accounting Date. For purposes of this Article, all Account balances include the Account balances of all Participants and Beneficiaries.. 6.07 Participant Loan Accounts. Participant loan accounts shall be invested in accordance with Section 8.03 of the Plan. Such Accounts shall not share in any investment income and gains or losses of the investment funds described in Sections 6.05 and 6.06. 6.08 Crediting of Accounts. The Participant's Account shall reflect the amount and value of the investments or other property obtained by the Employer through the investment of the Participant's Deferred Compensation pursuant to . Sections 6.05 and 6.06. It is anticipated that the Employer's investments with respect to a Participant will conform to the investment preference specified in the Participant's Joinder Agreement, but nothing herein shall be construed to require the Employer to make any particular investment of a Participant's Deferred Compensation. Each Participant shall receive periodic reports, not less frequently than annually, showing the then current value of his or her Account. 6.09 Post - Severance Transfers Among Eligible Deferred Compensation Plans. (a) Incoming Transfers: A transfer may be accepted from an eligible deferred compensation plan maintained by another employer and credited to a Participant's or Beneficiarys Account under the Plan if: (1) In the case of a transfer for a Participant, the Participant has had a Severance Event with that employer and become an Employee of the Employer; (2) The other employer's plan provides that such transfer will be made; and (3) The Participant or Beneficiary whose deferred amounts are being transferred will have an amount immediately after the transfer at least equal to the deferred amount immediately before the transfer. The Employer may require such documentation from the predecessor plan as it deems necessary to effectuate the transfer in accordance with Section 457(e) (10) of the Code, to confirm that such plan is an eligible deferred compensation plan within the meaning of Section 457(b) of the Code, and to assure that transfers are provided for under such plan. The Employer may refuse to accept a transfer in the form of assets other than cash, unless the Employer and the Administrator agree to hold such other assets under the Plan. (b) Outgoing Transfers•. An amount may be transferred to an eligible deferred compensation plan maintained by another employer, and charged to a Participant's or Beneficiary's Account under this Plan, if- (1) In the case of a transfer fora Participant, the Participant has a Severance Event with the Employer and becomes an employee of the other employer; (2) The other employer's plan provides that such transfer will be accepted; (3) The Participant or Beneficiary and the employers have signed such agreements as are necessary to assure that the Employer's liability to pay benefits to the Participant has been discharged and assumed by the other employer; and (4) The Participant or Beneficiary whose deferred amounts are being transferred will have an amount immediately after the transfer at least equal to the deferred amount immediately before the transfer. The Employer may require such documentation from the other plan as it deems necessary to effectuate the transfer, to confirm that such plan is an eligible deferred compensation plan within the meaning of Section Agenda Item No. 15E3 457(b) of the Code, and to assure that transfers are provided for under such P&ei 4a 07 hall be made only under such circumstances as are permitted under Section 457 of the Code and the regulations thereunder. 6.10 Transfers Among Eligible Deferred Compensation Plans of the Employer: (a) Incoming Transfers. A transfer may be accepted from another eligible deferred compensation plan maintain by the Employer and credited to a Participant's or Beneficiary's Account under the Plan if (1) The Employer's other plan provides that such transfer will be made; (2) The Participant or Beneficiary whose deferred amounts are being transferred will have an amount immediately after the transfer at least equal to the deferred amount immediately before the transfer; and (3) The Participant or Beneficiary whose deferred amounts are being transferred is not eligible for additional annual deferrals in the Plan unless the Participant or Beneficiary is performing services the Employer. (b) Outgoing Transfers. A transfer may be accepted from another eligible deferred compensation plan maintaine by the Employer and credited to a Participant's or Beneficiary's Account under the Plan if- (1) The Employer's other plan provides that such transfer will be accepted; (2) The Participant or Beneficiary whose deferred amounts are being transferred will have an amount immediately after the transfer at least equal to the deferred amount immediately before the transfer and (3) The Participant or Beneficiary whose deferred amounts are being transferred is not eligible fo. additional annual deferrals in the Employer's other eligible deferred compensation plan unless the Participant or Beneficiary is performing services for the Employer. 6.11 Eligible Rollover Distributions. (a) Incoming Rollovers. An eligible rollover distribution may be accepted from an eligible retirement plan and credited to a Participant's Account under the Plan. The Employer may require such documentation from d distributing plan as it deems necessary to effecruate the rollover in accordance with Section 402 of the Coda and to confirm that such plan is an eligible retirement plan within the meaning of Section 402(c) (8) (B) of t Code. The Plan shall separately account (in one or more separate accounts) for eligible rollover distributior from any eligible retirement plan. (b) Outgoing Rollovers: Notwithstanding any provision of the Plan to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Administrator, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (c) Definitions: (1) Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any porti of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not 1 frequently than annually) made for the life (or life expectanry) of the distributee or the joint ►_ joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a spedfi period of ten years or more; any distribution to the extent such distribution is required under Secti ;g — - - -- --_ — 401(a)(9) -and 457(d }(2) -of the -Gode; -and any distribution made as a result 9g ' r�C L4RO73 emergency of the employee. For purposes of distributions from other eligible retire P 40 rolled over into this Plan, the term eligible rollover distribution shall not include the portion of any distribution that is not includible in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities). (2) Eligible Retirement Plan: An eligible retirement plan is an individual retirement account described in Section 408(a) of the Code, an individual retirement annuity described in Section 408(b) of the Code, an annuity plan described in Sections 403(a) or 403(b) of the Code, a qualified trust described in Section 401(a) of the Code, or an eligible deferred compensation plan described in Section 457(b) of the Code which is maintained by an eligible governmental employer described in Section 457(e)(1)(A) of the Code, that accepts the distributee's eligible rollover distribution. (3) Distributes: A distributee includes an employee or former employee. In addition,;the, employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code, are distributees with regard to the interest of the spouse or former spouse. (4) Direct Rollover A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. 6.12 Trustee -to- Trustee Transfers to Purchase Permissive Service Credit. All or a portion of a Participant's Account may be transferred directly to the trustee of a defined benefit governmental plan (as defined in Section 414(d) of the Code) if such transfer is (a) for the purchase of permissive service credit (as defined in Section 415(n)(3) (A) of the Code) under such plan, or (b) a repayment to which Section 415 of the Code does not apply by reason of subsection (k)(3) thereof, within the meaning of Section 457(e)(17) of the Code. 6.13 Treatment of Distributions of Amounts Previously Rolled Over From 401(a) and 403(b) Plans and IRAs. For purposes of Section 72(t) of the Code, a distribution from this Plan shall be treated as a distribution from a qualified retirement plan described in Section 4974(c)(1) of the Code to the extent that such distribution is attributable to an amount transferred to an eligible deferred compensation plan from a qualified retirement plan (as defined in Section 4974(c) of the Code). 6.14 Employer Liability. In no event shall the Employer's liability to pay benefits to a Participant under this Plan exceed the value of the amounts credited to the Participant's Account; neither the Employer nor the Administrator shall be liable for losses arising from depreciation or shrinkage in the value of any investments acquired under this Plan. Article VII. Benefits 7.01 Retirement Benefits and Election on Severance Event. (a) General Rule. Except as otherwise provided in this Article VII, the distribution of a Participant's Account shall commence as of a Participant's Automatic Distribution Date, and the distribution of such benefits shall be made in accordance with one of the payment options described in Section 7.02.. Notwithstanding the foregoing, but subject to the following paragraphs of this Section 7.01, the Participant may elect following a Severance Event to have-the distribution of benefits commence on a fixed determinable date other than that described in the preceding sentence, but not later than April 1 of the year following the year of the Participant's Retirement or attainment of age 70 -1/2, whichever is later., The Participant's right to change his or her election with respect to commencement of the distribution of benefits shall not be restrained by this Section 7.01. Notwithstanding the foregoing, the Administrator, in order to ensure the orderly administration of this provision, may establish a deadline after which such election to defer the commencement of distribution of benefits shall not be allowed. Ageda Item No. 16E3 Loaias`�iotwitlistann ig the foregoing provisions of this Section 7.01, no nelect f�bt} C07 commencement of benefits after a Severance Event shall operate to defer the distribii.01aA 6�9 j34 mount in t Participant's loan account in the event of k default of the Parti'cipant's loan. 7.02 Payment Options. As provided in Sections 7.01, 7.04 and 7.05, a Participant may'elect to have value of the Participant's Account distributed in accordance with one of the following payment options, provided that such optic is consistent with the limitations set forth in Section 7.03: (a) Equal in quarterly, semi - annual or annual payments in an amount chosen by the Participant, continuing until his or her Account is exhausted; (b) One lump -sum payment; (c) Approximately equal monthly, quarterly, semi - annual or annual payments, calculated to continue for a perio, certain chosen by the Participant; (d) Annual Payments equal to the minimum distributions required under Section 401(a)(9) of the Code, including the incidental death benefit requirements of Section 401 (a) (9) (G), over the life expectancy of the Participant or over the life expectancies of the Participant and his or her Beneficiary; (e) Payments equal to payments made by the issuer of a retirement annuity policy acquired by the Employer; (f) A split distribution under which payments under options (a), (b), (c) or (e) commence or are made at the same time, as elected by the Participant under Section 7.01, provided that all payments commence (or are made) by the latest benefit commencement date permitted under Section 7.01; (g) Any other payment option elected by the Participanf and agreed to by the Employer and Administrator. A Participant's selection of a payment option under Subsections (a), (c), or (g) above may include the selection automatic annual cost -of living increase. Such increase will be based on the rise in the Consumer Price Index for x11 Urban Consumers (CPI -U) from the third quarter of the last year in which a cost -of -living increase was provided to the third quarter of the current year. Any increase will be made in periodic payment checks beginning the following January. 7.03 Limitation on Options. No payment option may be selected by a Participant under subsections 7.02(a) or (c) unless the amount of any installment is not less than $100. No payment option may be selected by a Participant under Sections 7.02, 7.04, or 7.05 unless it satisfies the requirements of Sections 401(2.)(9) and 457(d)(2) of the Cod( including that payments commencing before the death of the Participant shall satisfy the incidental death benefit requirements under Section 401(a) (9) (G) of the Code. 7.04 Minimum Requited Distributions. Notwithstanding any provision of the Plan to the contrary, the Plan shall comply with the minimum required distribution rules set forth in Sections 457(d)(2) and 401(a) (9) of the Code, including the incidental death benefit requirements of Section 401(a)(9)(G) of the Code. 7.05 Post - Retirement Death Benefits. (a) Should the Participant die after he or she has begun to receive benefits under a payment option, the remainin payments, if any, under the payment option shall continue until the Administrator receives notice of the Participant's death. Upon notification of the Participant's death, benefits shall be payable to the Participant's Beneficiary commencing not later than December 31 of the year following the year of the Participant's death, provided that the Beneficiary may elect to begin benefits earlier than that date. (b) In the event that the Beneficiary dies before the payment of death benefits has commenced or been complerec the remaining benefits payable under the payment option applicable to the Beneficiary shall, subject to the 10 Agenda Item r�jo. 16E3 -- `` - - regiurtm nts set forth in Section--7.04—,be-paid to an additional beneficiary designated"b)i =k& igianj o f no additional beneficiary is named, payment shall be made to the Beneficiarys estate in a lurr>14 of 40 (c) In the event that the Participant's estate is the Beneficiary, payment shall be made to the estate in a lump sum. 7.06 Pre - Retirement Death Benefits. (a) Should the Participant die before he or she has begun to receive the benefits provided by Section 7.01, the value of the Participant's Account shall be payable to the Beneficiary commencing not later than December 31 of the year following the year of the Participant's death, provided that the Beneficiary may elect to begin benefits earlier than that date. (b) In the event that the Beneficiary dies before the payment of death benefits has commenced; or been completed, the remaining value of the Participant's Account shall be paid to the estate of the Beneficiary in a lump sum. In the event that the Participant's estate is the Beneficiary, payment shall be made to the estate in a lump sum. 7.07 Unforeseeable Emergencies. (a) In the event an unforeseeable emergency occurs, a Participant or Beneficiary may apply to the Employe -r to receive that part of the value of his or her Account that is reasonably needed to satisfy the emergency need. If such an application is approved by the Employer, the Participant or Beneficiary shall be paid only such amount as the Employer deems necessary to meet the emergency need, but payment shall not be made to the extent that the financial hardship may be relieved through cessation of deferral under the Plan, insurance or other reimbursement, or liquidation of other assets io the extent such liquidation would not itself cause severe financial hardship. (b) An unforeseeable emergency shall be deemed to involve only circumstances of severe financial hardship of a Participant or Beneficiary resulting from an illness or accident of the participant or beneficiary, the Participant's or Beneficiary's spouse, or the Participant's or Beneficiary's dependent (as defined in Section 152 of the Code, and, for taxable years beginning on or after January 1, 2005, without regard to Sections 152(b) (1), (b) (2), and (d)(1)(B) of the Code); loss of the Participant's or Beneficiary's property due to casualty (including the need to rebuild a home following damage to a home not otherwise covered by homeowner's insurance, e.g., as a result of a natural disaster); or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant or the Beneficiary. For example, the imminent foreclosure of or eviction from the Participant's or Beneficiary's primary residence may constitute an unforeseeable emergency. In addition, the need to pay for medical expenses, including non- refundable deductibles, as well as for the cost of prescription drug medication, may constitute an unforeseeable emergency. Finally, the need to pay for the funeral expenses of a spouse or a dependent (as defined in section 152 of the Code, and, for taxable years beginning on or after January 1, 2005, without regard to Sections 152(b)(1), (b)(2), and (d)(1)(B) of the Code) may also constitute an unforeseeable emergency. Except as otherwise specifically provided in this Section 7.07(b), the purchase of a home and the payment of college tuition are not unforeseeable emergencies. 7.08 In- Service Distribution of Rollover Contributions. Effective January 1, 2006, the Employer may elect to allow Participants to receive an in- service distribution of amounts attributable to rollover contributions to the Plan. If the Employer has elected to make such distributions available, a Participant that has a separate account attributable to rollover contributions to the Plan, may at any time request a distribution of all or any portion of the amount attributable to his or her rollover contribution. 11 Agenda Item Nq. 16E3 7.09 lri;Service Distribution to Participants Age 70 -1/2 or Older. A Participant who Ii and has not yet had a Severance Event, may, at any time, request a distribution of all or a part of h:' W Etir5Mc6 t. A Participant may only receive two (2) such distributions pursuant to this Section 7.09 in any calendar year. 7.10 Distribution De A inimis Accounts. Notwithstanding the foregoing provisions of this Article VII: (a) Mandatory Distribution. If the value of a Participant's Account is less than $1,000, the Participant's Account shall be paid to the Participant in a single lump sum distribution, provided that: (1) No amount has been deferred under the Plan with respect to the Participant during the 2 -year period ending on the date of the distribution; and (2) There has been no prior distribution under the Plan to the Participant pursuant to this Section 7. 10. (b) Voluntary Distribution. If the value of the Participant's Account is at least $1,000 but not more than the dollar limit under Section 411 (a)(1 1)(A) of the Code, the Participant may elect to receive his or her entire Account in a lump sum payment if- (1) No amount has been deferred under the Plan with respect to the Participant during the 2 -year period ending on the date of the distribution; and (2) There has been no prior distribution under the Plan to the Participant pursuant to this Section 7.10. Article VIII. Loans to Participants 8.01 Availability of Loans to Participants. (a) The Employer may elect to make loans available to Participants in this Plan. I£ the Employer has elected to make loans available to Participants, a Participant may apply for a loan from the Plan subject to the limitations and other provisions of this Article. However, no loans are available from Deemed IRAs. (b) The Employer shall establish written guidelines governing the granting of loans, provided that such guidelines are approved by the Administrator and are not inconsistent with the provisions of this Article, and that loans are made available to all Participants on a reasonably equivalent basis. 8.02 Terms and iConditions of Loans to Participants: Any loan by the Plan to a Participant under Section 8.01 of the Plan shall satisfy the following requirements: (a) Availability. Loans shall be made available to all Participants on a reasonably equivalent basis. (b) Interest Rate, Loans must be adequately secured and bear a reasonable interest rate. (c) Loan Limit. No Participant loan shall exceed the present value of the Participant's Account. (d) Foreclosure. In the event of default on any installment payment, the outstanding balance of the loan shat[ be a deemed distribution. In such event, an actual distribution of a plan loan offset amount will not occur until a distributable event occurs in the Plan. {e) Reduction ofAccount. Notwithstanding any other provision of this Plan, the portion of the Participant's Account balance used as a security interest held by the Plan by reason of a loan outstanding to the Pardci,- --,t shall be taken into account for purposes of determining the amount of the Account balance payable at d time of death or distribution -but only if the reduction is used as repayment of the loan. 12 Agenda Item No. 16E3 - - -- -- (f) - : At the time the loan is made, the principal amount of the loan plus theR&bV_M0§'ice (principal plus accrued interest) due on any other outstanding loans to the Participant from t�'ii Val&Rfl 40 from all other plans of the Employer that are either eligible deferred compensation plans described in section 457(b) of the Code or qualified employer plans under Section 72(p)(4) of the Code shall not exceed the Iesser of (1) $50,000, reduced by the excess (if any) of (i) The highest outstanding balance of loans from the Plan during the one (1) year period, ending on the day before the date on which the loan is made; or (ii) The outstanding balance of loans from the Plan on the date on which such loan is made; or (2) ' One -half of the value of the Participant's interest in all of his or her Accounts under this Plan. (g) Application fir Loan. The Participant must give the Employer adequate written notice, as determined by the Employer, of the amount and desired time for receiving a loan. No more than one (1) loan may be made by the Plan to a Participant's in any calendar year. No loan shall be approved if an existing loan from the Plan to the Participant is in default to any extent. (h) Length of Loan. Any loan issued shall require the Participant to repay the loan in substantially equal installments of principal and interest, at least monthly, over a period that does not exceed five (5) years from the date of the loan; provided, however, that if the proceeds of the loan are applied by the Participant to acquire any dwelling unit that is to be used within a reasonable time (determined at the time of the loan is made) after the loan is made as the principal residence of the Participant, the five (5) year limit. shall not apply. In this event, the period of repayment shall not exceed a reasonable period determined by the Employer. Principal installments and interest payments otherwise due may be suspended for up to one (1) year during an authorized leave of absence, if the promissory note so provides, but not beyond the original term permitted under this subsection (h), with a revised payment schedule (within such term) instituted at the end of such period of suspension. (i) Prepayment. The Participant shall be permitted to repay the loan in whole or in part at any time prior to maturity, without penalty. (j) Promissory Note. The loan shall be evidenced by a promissory note executed by the Participant and delivered to the Employer, and shall bear interest at a reasonable rate determined by the Employer. (k) Security. The loan shall be secured by an assignment of the participant's right, title and interest in and to his or her Account. (1) Assignment or Pledge. For the purposes of paragraphs (f) and (g), assignment or pledge of any portion of the Participant's interest in the Plan and a loan, pledge, or assignment with respect to any insurance contract purchased under the Plan, will be treated as a loan. (m) Other Terms and Conditions. The Employer shall fix such other terms and conditions of the loan as it deems necessary to comply with legal requirements, to maintain the qualification of the Plan and Trust under Section 457 of the Code, or to prevent the treatment of the loan for tax purposes as a distribution to the Participant. The Employer, in its discretion for any reason, may also fix other terms and conditions of the loan, including, but not limited to, the provision of grace periods following an event of default, not inconsistent with the provisions of this Article and Section 72(p) of the Code, and any applicable regulations thereunder. 13 8.03_'aracrparit —Loan Accounts. Agenda Item No. 16E3 February 13, 2007 Page 17 of 40 (a) Upon approval of a loan to a Participant by the Employer, an amount not in excess of the loan shall be transferred from the Participant's other investment fund(s), described in Section 6.05 of the Plan, to the Participant's loan account as of the Accounting Date immediately preceding the agreed upon date on w, the loan is to be made. (b) The assets of a Participant's loan account may be invested and reinvested only in promissory notes received by the Plan from the Participant as consideration for a loan permitted by Section 8.01 of the Plan or in cash. Uninvested cash balances in a Participant's loan account shall not bear interest. Neither the Employer, the Administrator, nor any other person shall be liable for any loss, or by reason of any breach, that results from the Participant's exercise of such control. (c) Repayment of principal and payment of interest shall be made by payroll deduction or, where repayment cannot be made by payroll deduction, by check, and shall be invested in one (1) or more other investment fluids, in accordance with Section 6.05 of the Plan, as of the next Accounting Date after payment thereof to the Trust. The amount so invested shall be deducted from the Participant's loan account. (d) The Employer shall have the authority to establish other reasonable rules, not inconsistent with the provisions of the Plan, governing the establishment and maintenance of Participant loan accounts. Article IX. Deemed IRAs 9.01 General. This Article IX of the Plan reflects section 602 of the Economic Growth and Tax Relief Reconciliation Act of 2001 ( "EGTRB A "), as amended by the Job' Creation and Worker Assistance Act of 2002. This Article is intended as good faith compliance with the requirements of EGTRRA and is to be construed in accordance with EGTRRA and guidance issued thereunder. This Article IX shall supersede the provisions of the Plan to the extent that those provisions are inconsistent with the provisions of this Article DC Effective for Plan Years beginning after December 31, 2002, the Employer may elect to allow Employees to make voluntary employee contributions to a separate account or annuity established under the Plan that complies with the requirements of Section 408(q) of the Code and any regulations promulgated thereunder (a "Deemed IRA"). . The Plan shall establish a separate account for the designated Deemed IRA contributions of each Employee and any earnings properly allocable to the contributions, and maintain separate recordkeeping with respect to each such Deemed IRA 9.02 Voluntary Employee Contributions. For purposes of this Article, a voluntary employee contribution means any contribution (other than a mandatory contribution within the meaning of Section 411(c) (2) of the Code) that is made by the Employee and which the Employee has designated, at or prior to the time of making the contribution, as a contribution to which this Article applies. 9.03 Deemed .IRA Trust Requirements. This Article shall satisfy the trust requirement under Section 408(q) of the Code and the regulations thereto. IRAs established pursuant to this Article shall be held in one or more trusts or custodial accounts (the "Deemed IRA Trusts "), which shall be separate from the Trust established under the Plan to hold contributions other than Deemed IRA contributions. The Deemed IRA Trusts shall satisfy the applicable requirements of Sections 408 and 408A of the Code, which requirements are set forth in section 9.05 and 9.06, respectively, and shall be established with a trustee or custodian meeting the requirements of Section 408(a)(2) of the Code ( "Deemed IRA Trustee "). ' To the extent that the assets of any Deemed IRAs established pursuant to this Article are held in a Deemed IRA Trust satisfying the requirements of this Section 9.03, such Deemed IRA Trust, and any amendments thereto, is hereby adopted as a trust maintained under this Plan with respect to the assets he' ' therein, and the provisions of such Deemed IRA Trust shall control so long as any assets of any Deemed IRA are . thereunder. 14 Agenda Item No. 16E3 9:04 - "Repofti D"u -ies: The Deemed IRA Trustee shall be subject to the reporting requirements o£�r Code with respect to all Deemed IRAs that are established and maintained under the Plan. Page 1 of 40 ,.6.9.05 Deemed Traditional IRA Requirements. Deemed IRAs established in the form of traditional IRAs shall satisfy the following requirements: (a) Exclusive Benefit. The Deemed IRA account shall be established for the exclusive benefit of an Employee or his or her Beneficiaries. (b) Maximum Annual Contributions. (1) Except in the case of a rollover contribution (as permitted by Sections 402(c), 402(e)(6), 403(a)(4), 403(b) (8), 403(b)(10), 408(d)(3) and 457(e)(16) of the Code), no contributions will be accepted unless they are in cash, and the total of such contributions shall not exceed: $3,000 for any taxable year beginning in 2002 through 2004; $4,000 for any taxable year beginning in 2005 through 2007; and $5,000 for any taxable year beginning in 2008 and years thereafter. After 2008, the limit will be adjusted by the Secretary of the Treasury for cost-of-living-increases under Section 219(b)(5)(C) of the Code. Such adjustments will be in multiples of $500. (2) In the case of an Employee who is 50 or older, the annual cash contribution limit is increased by: $500 for any taxable year beginning in 2002 through 2005; and $1,000 for any taxable year beginning in 2006 and thereafter. (3) No contributions will be accepted under a SIMPLE IRA plan established by any employer pursuant to Section 408(p) of the Code. Also, no transfer or rollover of funds attributable to contributions made by a particular employer under its SIMPLE IRA. plan will be accepted from a SIMPLE IRA, that is an IRA used in conjunction with a SIMPLE IRA plan, prior to the expiration of the 2 -year period beginning on the date the Employee first participated in that employer's SIMPLE IRA plan. (c) Collectibles. If the Deemed IRA Trust acquires collectibles with within the meaning of Section 408(m) of the Code after December 31, 1981, Deemed IRA Trust assets will be treated as a distribution in an amount equal to the cost of such collectibles. (d) Life Insurance Contracts. No part of the Deemed IRA Trust funds will be invested in life insurance contracts. (e) Minimum Required Distributions. (1) Notwithstanding any provision of this Deemed IRA to the contrary, the distribution of the Employee's interest in the account shall be made in accordance with the requirements of Section 408(a) (6) of the Code and the Income Tax Regulations thereunder, the provisions of which are herein incorporated by reference. If distributions are made from an annuity contract purchased from an insurance company, distributions thereunder must satisfy the requirements of Q& -4 of Section 1.401(a)(9) -6T of the Income Tax Regulations (or Section 1.401(a)(9) -6 of the Income Tax Regulations, as applicable), rather than paragraphs (2), (3) and (4) below and Section 9.05(f). The minimum required distributions calculated for this IRA may be withdrawn from another IRA of the Employee in accordance with Q&A -9 of Section 1.408 -8 of the Income Tax Regulations. (2) The entire value of the account of the Employee for whose benefit the account is maintained will commence to be distributed no later than the first day of April following the calendar year in which 15 Agenda Item No. 16113 F br ry 3, 0 7 such Employee attains age 70 -1/2 (the "required beginning date ") over e � �ployee or the lives of such Employee and his or her Beneficiary. , (3) The amount to be distributed each year, beginning with the calendar year in which the Empl, attains age 70 -1/2 and continuing through the year of death shall not be less than the quotier� obtained by dividing the value of the IRA (as determined under section 9.05(f)(3)) as of the end of the preceding year by the distribution period in the Uniform Lifetime Table in Q&-A-2 of Section 401(a)(9) -9 of the Income Tare Regulations, using the Employee's age of his or her birthday in the year. However, if the Employee's sole Beneficiary is his or her surviving spouse and such spouse is more than 10 years younger than the Employee, then the distribution period is determined under the Joint and Last Survivor Table in Q8rA -3 of Section 1.401(a) (9) -9 of the Income Tax Regulation; using the ages as of the Employee's and spouse's birthdays in the year. (4) The required minimum distribution for the year the Employee attains age 70 -1 /2 can be made as lat as April 1 of the following year. The required minimum distribution for any other year must be mac by the end of such year. (£) Distribution Upon Death. (1) Death On or After Required Beginning Date. If the Employee dies on or after the required beginning date, the remaining portion of his or her interest will be distributed at least as rapidly as follows: (i) If the Beneficiary is someone other than the Employee's surviving spouse, the remaining interest will be distributed over the remaining life expectancy of the Beneficiary, with such life expectancy determined using the Beneficiary's age as of his or her birthday in the year following the year of the Employee's death, or over the period described in paragraph (1)(ii below if longer. (ii) If the Employee's sole Beneficiary is the Employee's surviving spouse, the remaining ii. .s will be distributed over such spouse's life or over the period described in paragraph (1) (iii) below if longer. Any interest remaining after such spouse's death will be distributed over such spouse's remaining life expectancy determined using the spouse's age as of his or her birthday in the year of the spouse's death, or, if the distributions are being made over the period described in paragraph (1)(iii) below, over such period. (iii) If there is no Beneficiary, or if applicable by operation of paragraph (1)(i) or (1)(ii) above, the remaining interest will be distributed over the Employee's remaining life expectancy determined in the year of the Employee's death. (iv) The amount to be distributed each year under paragraph (1) (i), (ii), or (iii), beginning with the'calendar year following the calendar year of the Employee's death, is the quotient obtained by dividing the value of the IRA as of the end of the preceding year by the remaining life expectancy specified in such paragraph. Life expectancy is determined usir the Single Life Table in Q&A. -1 of Section 1.401(a)(9) -9 of the Income Tax Regulations. If distributions are being made to a surviving spouse as the sole Beneficiary, such spouse's remaining life expectancy for a year is the number in the Single Life Table corresponding such spouse's age in the year. In all other cases, remaining life expectancy for a year is tht number in the Single Life Table corresponding to the Beneficiary's or Employee's age in f year specified in paragraph 1(i), (ii), or (iii) and reduced by 1 for each subsequent year. (2) Death Bore Required Beginning Date. If the Employee dies before the required beginning dar her entire interest will be distributed at least as rapidly as follows: (i) If the Beneficiary is someone other than the Employee's surviving spouse, the entire irate. will be distributed, starting by the end of the calendar year following the calendar year o 16 Agenda Item No. 16E3 the Employee's death, over the remaining life expectancy of the Benefici i@EYsd& X97 expectancy determined using the age of the Beneficiary as of his or her birth�a nl%e` following the year of the Employee's death, or, if elecied, in accordance with paragraph (2) (iii) below. (ii) If the Employee's sole Beneficiary is the Employee's surviving spouse, the entire interest will be distributed, starting by the end of the calendar year following the calendar year of the Employee's death (or by the end of the calendar year in which the Employee would have attained age 70 -1/2, if later), over such spouse's life, or, if elected, in accordance with paragraph (2)(iii) below. If the surviving spouse dies before distributions are required to begin, the remaining interest will be distributed, starting by the end of the calendar year following the calendar year of the spouse's death, over the spouse's Beneficiary's remaining life expectancy determined using such Beneficiary's age as of his or her birthday in the year following the death of the spouse, or, if elected, will be distributed in; accordance with paragraph (2)(iii) below. If the surviving spouse dies after distributions are required to begin, any remaining interest will be distributed over the spouse's remaining life expectancy determined using the spouse's age as of his or her birthday in the year of the spouse's death. (iii) If there is no Beneficiary, or if applicable by operation of paragraph (2) (i) or (2) (ii) above, the entire interest will be distributed by the end of the calendar year containing the fifth anniversary of the Beneficiary's death (or of the spouse's death in the case of the surviving spouse's death before distributions are required to begin under paragraph (2) (ii) above). (iv) The amount to be distributed each year under paragraph (2)(i) or (ii) is the quotient to be obtained by dividing the value of the IRA as of the end of the preceding year by the remaining life expectancy specified in such paragraph. Life expectancy is determined using the Single Life Table in Q&A -1 of Section 1.401(a) (9) -9 of the Income Tax Regulations. If distributions are being made to a surviving spouse as the sole Beneficiary, such spouse's remaining life expectancy for a year is the number in the Single Life Table corresponding to the Beneficiary's age in the year specified in paragraph (2)(i) or (ii) and reduced by I for each subsequent year. (y) The "value" of the IRA includes the amount of any outstanding rollover, transfer and recharacterization under Q_&-As-7 and -8 of Section 1.408 -8 of the Income Tax Regulations. (vi) If the sole Beneficiary is the Employee's surviving spouse, the spouse may elect to treat the IRA as his or her own IRA. This election will be deemed to have been made if such surviving spouse makes a contribution to the IRA or fails to take required distributions as a Beneficiary. (g) Nonforfeitable. The interest of an Employee in the balance in his or her Deemed IRA account is nonforfeitable at all times. (h) Reporting. The Deemed IRA Trustee of a Deemed Traditional IRA. shall furnish annual calendar -year reports concerning the status of the Deemed IRA account and such information concerning required minimum distributions as is prescribed by the Commissioner of Internal Revenue. (i) Substitution of Deemed IRA Trustee. If the Deemed IRA Trustee is a non -bank trustee or custodian, the non- bank trustee or custodian shall substitute another trustee or custodian if the iron -bank trustee or custodian receives notice from the Commissioner of Internal Revenue that such substitution is required because it has failed to comply with the requirements of Section 1.408 -2(e) of the Income Tax Regulations and Section 1.408 -2T of the Income Tax Regulations 17 Agenda Item No. 16E3 February 13, 2007 9.06 Deemed Roth IRA Requirements. Deemed IRAs established,in the form of Roth IRAs shall satkf i4090 Qng requirements: (a) Exclusive Benefit. The Deemed Roth IRA shall be established for the exclusive benefit of an Employee or his or her Beneficiaries. (b) Maximum Annual Contributions. (I) Maximum Permissible Amount. Except in the case of a qualified rollover contribution or recharacterization (as defined in (6) below), no contribution will be accepted unless it is in cash and the total of such contributions to all the Employee's Roth IRAs for a taxable year does not exceed the applicable amount (as defined in (2) below), or the Employee's compensation (as defined in (8) below) if less, for that taxable year. The contribution described in the previous sentence that may not exceed the lesser of the applicable amount or the Employee's compensation is referred to as a "regular contribution." A "qualified rollover contribution" is a rollover contribution that meets the requirements of Section 408(d)(3) of the Code, except the one - rollover - per -year rule of Section 408(d)(3)(B) does not apply if the rollover contribution is from another IRA other than a Roth IRA (a "nonRoth IRA "). Contributions may be limited under (3) through (5) below. (2) Applicable Amount. The applicable amount is determined under (i) or (ii) below: (i) If the Employee is under age 50, the applicable amount is: $3,000 for any taxable year beginning in 2002 through 2004; $4,000 for any taxable year beginning in 2005 through 2007; and $5,000 for any taxable year beginning in 2008 and years thereafter. (ii) If the Employee is 50 or older, the applicable amount is: ti $3,500 for any taxable year beginning in 2002 through 2004; $4,500 for any taxable year beginning in 2005; $5,000 for any taxable year beginning in 2006 through 2007; and $6,000 for any taxable year beginning in 2008 and years thereafter. After 2008, the limits in paragraph (2) (i) and (ii) above will be adjusted by the Secretary of the Treasury for cost -of -living increases under Section 219(b)(5)(C) of the Code. Such adjustments will be in multiples of $500. (3) If (i) and/or (ii) below apply, the maximum regular contribution that can be made to all the Employee's Roth IRAs for the taxable year is the smaller amount determined under (i) or (ii). 18 Agenda Item No. 16E3 -- (i) The maximum regular contribution is phased out ratably between cer>iebkam l# 6f. adjusted gross income ( "modified AGI," defined in (7) below) in accordanePeVPST%2f 40 following table: ' Modified AGI Filing Status Full Phase-out No Contribution Range Contribution Single or Head $95;000 or less Between $95,000 $110,000 of Household and $110,000 or more Joint Return $150,000 or less Between $150,000 $160,000 or Qualifying and $160,000 or more Widower ( Married- M Between $0 Separate Return and $10,000 or more $10,000 If the Employee's modified AGI for a taxable year is in the phase -out range, the maximum regular contribution determined under this table for that taxable year is rounded up to the next multiple of $10 and not reduced below $200. (ii) If the Employee makes regular contributions to both Roth and nonRoth IRAs for a taxable year, the maximum regular contribution that can be made to all the Employee's Roth IRAs for that taxable year is reduced by the regular contributions made to the Employee's nonRoth IRAs for the taxable year. (4) (uhw fled Rollover Cont? buiion Limit. A rollover from a nonRoth IRA cannot be made to this IRA if, - for the year the amount is distributed from the nonRoth IRA,(i) the Employee is married and files a separate return, (ii) the Employee is not married and has modified AGI in excess of $100,000 or (iii) the Employee is married and together the Employee and the Employee's spouse have modified AGI in excess of $100,000. For purposes of the preceding sentence, a husband and wife are not treated as married for a taxable year if they have lived apart at all tunes during that taxable year and file separate returns for the taxable year. (5) SIMPLE IRA Limits. No contributions will be accepted under a SIMPLE IRA plan established by any employer pursuant to Section 408(p) of the Code. Also, no transfer or rollover of funds attributable to contributions made by a particular employer under its SIMPLE IRA plan will be accepted from a SIMPLE IRA, that is, an IRA used in conjunction with a SIMPLE IRA plan, prior to the expiration of the 2 -year period beginning on the date the Employee first participated in that employer's SIMPLE IRA plan. (6) Recharacterization. A regular contribution to a nonRoth IRA may be recharacterized pursuant to the rules in Section 1.4608A -5 of the Income Tax Regulations as a regular contribution to this IRA, subject to the limits in (3) above. (7) Modified AGI. For purposes of (3) and (4) above, an Employee's modified AGI for a taxable year is defined in Section 408A(c)(3)(C)(i) of the Code and does not include any amount included in adjusted gross income as a result of a rollover from a nonRoth IRA (a "conversion "). (8) Compensation. For purposes of (1) above, compensation is defined as wages, salaries, professional fees, or other amounts derived from or received for personal services actually rendered (including, but not limited to, commissions paid salesmen, compensation for services on the basis of a percentage of profits, commissions on insurance premiums, tips and bonuses) and includes earned 'income, as defined in Section 401(c)(2) of the Code (reduced by the deduction the self - employed individual 19 Agenda Item No. 16E3 February 13, 2007 takes for contributions made to a self - employed retirement plan). For purposes of $r�d�Pdr Section 401(c)(2) of the Code shall be applied as if the term trade or business for purposes of Section 1402 of the Code included service described in subsection (c)(6). Compensation does not include amounts derived from or received as earnings or profits from property (including but not limited to interest and dividends) or amounts not includible in gross income. Compensation also does not include any amount received as a pension or annuity or as deferred compensation. The term "compensation" shall include any amount includible in the Employee's gross income under Section 71 of the Code with respect to a divorce or separation instrument described in subparagraph (A) of Section 71(b)(2) of the Code In the case of a married Employee filing a joint return, the greater compensation of his or her spouse is treated as his or her own compensation but only to the extent that such spouse's compensation is not being used for purposes of the spouse matting a contribution to a Roth IRA or a deductible contribution to a nonRoth IRA. (c) Collectibles. If the Deemed IRA Trust acquires collectibles within the meaning of Section 408(m) of the Code after December 31, 1981, Deemed IRA Trust assets will be treated as a distribution in an amount equal to the cost of such collectibles. (d) Life Insurance Contracts. No part of the Deemed IRA Trust funds will be invested in life insurance contracts. (e) Distributions Before Death. No amount is required to be distributed prior to the death of the Employee for whose benefit the account was originally established. (f) Minimum Required Distributions. (1) Notwithstanding any provision of this IRA to the contrary, the distribution of the Employee's interest in the account shall be made in accordance with the requirements of Section 408(x)(6) of the Code, as modified by section 408A(c)(5), and the regulations thereunder, the provisions of which are herein incorporated by reference. If distributions are made from an annuity contract purchased from an insurance company, distributions thereunder must satisfy the requirements of section 1.401(a)(9) -6T of the Temporary Income Tax Regulations (taking into account Section 408A(c)(5) of the Code) (or Section 1.401(a) (9) -6 of the Income Tax Regulations, as applicable), rather than the distribution rules in .paragraphs (2), (3) and (4) below. (2) Upon the death of the Employee, his or her entire interest will be distributed at least as rapidly as follows: W If the Beneficiary is someone other than the Employee's surviving spouse, the entire interest will be distributed, starting by the end of the calendar year following the year of the Employee's death, over the remaining life expectancy of the Beneficiary, with such life expectancy determined using the age of the beneficiary as of his or her birthday in the year following the year of the Employee's death, or, if elected, in accordance with paragraph (2)(iii) below. (ii) If the Employee's sole Beneficiary is the Employee's surviving spouse, the entire interest will be distributed starting by the end of the calendar year following the calendar year of the Employee's death (or by the end of the calendar year in which the Employee would have attained age 70 -1/2, if later), over such spouse's life, or, if elected, in accordance with paragraph (2) (iu) below. If the surviving spouse dies before distributions are required to begin, the remaining interest will be distributed, starting by the end of the calendar year following the calendar year of the spouse's death, over the spouse's Beneficiary's remaining life expectancy determined using such Beneficiary's age as of his or her birthday in the year following the death of the spouse, or, if elected, will be distributed in accordance with paragraph (2) (iii) below. If the surviving spouse dies after distributions are required to begin, any remaining interest will be distributed over the spouse's remaining life expectancy determined using the spouse's age as of his or her birthday in the year of the spouse's death. 20 A ends item No. 16E3 - -- - --- (iii) - ^.there is no Beneficiary; or if applicable by operation of paragraph (2) %Itw( 'b(B)34ii the entire interest will be distributed the end of the calendar year containing th9fiFMA6MAary of the Employee's death (or of tht spouses death in the case of the surviving spouse's death before distributions are required to begin under paragraph 2(ii) above). (iv) The amount to be distributed each year under paragraph (2)(i) or (ii) is the quotient obtained by dividing the value of the IRA as of the end of the preceding year by the remaining life expectancy specified in such paragraph. Life expectancy is determined using the Single Life Table in Q&A -1 of Section 1.401(a) (9) -9 of the Income Tax Regulations. If distributions are being made to a surviving spouse as the sole Beneficiary, such spouse's remaining life expectancy for a year is the number in the Single Life Table corresponding to such spouses age in the year. In all other cases, remaining life expectancy for a year is the number in the Single Life Table corresponding to the Beneficiary's age in le year specified in paragraph (2) (i) or (ii) and reduced by 1 for each subsequent year. . (3) The "value" of the IRA includes the amount of any outstanding rollover, transfer and recharacterization under Q8LAs -7 and -8 of Section 1.408 -8 of the Income Tax Regulations. (4) If the sole Beneficiary is the Employee's surviving spouse, the spouse may elect to treat the IRA as his or her own IRA. This election will be deemed to have been made if such surviving spouse makes a contribution to the IRA or fails to take required distributions as a Beneficiary. (g) Nonforfeitable. The interest of an Employee in the balance in his or her account is nonforfeitable at all times. (h) .Reporting. The Deemed IRA Trustee of a Deemed Roth IRA shall furnish annual calendar -year reports concerning the status of the Deemed IRA account and such information concerning required minimum distributions as is prescribed by the Commissioner of Internal Revenue. (i) Substitution of Deemed IRA Trustee. If the Deemed IRA Trustee is a non -bank trustee or custodian, the non - bank trustee or custodian shall substitute another trustee or custodian if the non -bank trustee or custodian receives notice from the Commissioner of Internal Revenue that such substitution is required because it has failed to comply with the requirements of Section 1.408 -2(e) of the Income Tax Regulations and Section 1.408 -2T of the Income Tax Regulations. Article X. Non - Assignability 10.01 General. Except as provided in Article VIII and Section 10.02, no Participant or Beneficiary shall have any right to commute, sell, assign, pledge, transfer or otherwise convey or encumber the right to receive any payments hereunder, which payments and rights are expressly declared to be non - assignable and non - transferable. 10.02 Domestic Relations Orders. (a) Addowance of Transfers: To the extent required under a final judgment, decree, or order (including approval of a property settlement agreement) that' (1) relates to the provision of child support, alimony payments, or marital property rights and (2) is made pursuant to a state domestic relations law, wid (3) is permitted under Sections 414(p) (11) and (12) of the Code, any portion of a Participant's Account may be paid or set aside for payment to a spouse, former spouse, child, or other dependent of the Participant (an "Alternate Payee "). Where necessary to carry out the terms of such an order, a separate Account shall be established with respect to the Alternate Payee who shall be entitled to make investment selections with respect thereto in the same manner as the Participant. Any amount so set aside for an Alternate Payee shall be paid in accordance with the form and timing of payment specified in the order. Nothing in this Section shall be construed to authorize any amount to be distributed under the Plan at a time or in a form that is not permitted under Section 457(b) of 21 Agenda Item No. 16E3 the Code and is explicitly permitted under the uniform procedures described in Secti�rg� ,' � 1 el v 7(� payment made to a person pursuant to this Section shall be reduced by any required income tax wi o dung. (b) Release from Liability to Participant: The Employer's liability to pay benefits to a Participant shall be reduced to the extent that amounts have been paid or set aside for payment to an Alternate Payee to paragraph (a) of this Section and the Participant and his or her Beneficiaries shall be deemed to have released the Employer and the Plan Administrator from any claim with respect to such amounts. (c) Participation in Legal Proceedings: The Employer and Administrator shall not be obligated to defend against or set aside any judgment, decree, or order described in paragraph (a) or any legal order relating to the garnishment of a Participant's benefits, unless the full expense of such legal action is borne by the Participant. In the event that the Participant's action (or inaction) nonetheless causes the Employer or Administrator to incur such expense, the amount of the expense may be charged against the Participant's Account and thereby reduce the Employer's obligation to pay benefits to the Participant. In the course of any proceeding relating to divorce, separation, or child support, the Employer and Administrator shall be authorized to disclose information relating to the Participant's Account to the Alternate Payee (including the legal representatives of the Alternate Payee), or to a court. (d) Determination ofVaAddi of Domestic Reiarions Orderr. The Administrator shall establish uniform procedures for determining the validity of any domestic relations order. The Administrator's determinations under such procedures shall be conclusive and binding on all parties and shall be afforded the maximum amount of deference permitted by law. 10.03 IRS Levy. Notwithstanding Section 10.0 1, the Administrator may pay from a Participant's or Beneficiary's Account balance the amount that the Administrator finds is lawfully demanded under a levy issued by the Internal Revenue Service with respect to that Participant or Beneficiary or is sought to be collected by the United States Government under a judgment resulting from an unpaid tax assessment against the Participant or Beneficiary. 10.044 Mistaken Contribution. To the extent permitted by applicable law, if any contribution (or any portion of a contribution) is made to the Plan" by a good faith mistake of fact, then after the payment of the contribution, and upon receipt in good order of a proper request approved by the Administrator, the amount of the mistaken contribution (adjusted for any income or loss in value, if any, allocable thereto) shall be returned directly to the Participant or, to the extent required or permitted by the Administrator, to the Employer. 10.05 Payments to Minors and Incompetents. If a Participant or Beneficiary entitled to receive any benefits hereunder is a minor or is adjudged to be legally incapable if giving valid receipt and discharge for such benefits, or is deemed so by the Administrator, benefits will be paid to such persons as the Administrator may designate for the benefit of such Participant or Beneficiary. Such payments shall be considered a payment to such Participant or Beneficiary and shall, to the extent made, be deemed a complete discharge of any liability for such payments under the Plan. 10.06 Procedure When Distributee Cannot Be Located. The Administrator shall make all reasonable attempts to determine the identity and address of a Participant or a Participant's Beneficiary entitled to benefits under the Plan. For this purpose, a reasonable attempt means (a) the mailing by certified mail of a notice to the last known address shown on the Employer or Administrator's records, (b) notification sent to the Social Security Administration or the Pension Benefit Guarantee Corporation (under their program to identify payees under retirement plans), and (c) the payee has not responded within 6 months. If the Administrator is unable to locate such a person entitled to benefits hereunder, or if there has been no claim made for such benefits, the Trust shall continue to hold the benefits due such person. Article XI. R elationship to Other Plans and Employment Agreements This Plan serves in addition to any other retirement, pension, or benefit plan or system presently in existence or hereinafter established for the benefit of the Employer's employees, and participation hereunder shall not affect benefits receivable under any such plan or system. Nothing contained in this Plan shall be deemed to constitute an employment contract or agreement T 22 Agenda Item No. 16E3 between any Patticipmitaid-the Employer or to give any-Participant the right to be retained in the empl&PWF&YRz3xp16j R. Nor shall anything herein be construed to modify the terms of any employment contract or agreement betwe�R$[p`lagit and the Employer. ' Article XIi. Amendment or Termination of Plan The Employer may at any time amend this Plan provided that it transmits such amendment in writing to the Administrator at least 30 days prior to the effective date of the amendment. The consent of the Administrator shall not be required in order for such amendment to become effective, but the Administrator shall be under no obligation to continue acting as Administrator hereunder if it disapproves of such amendment. The Administrator may at any time propose an amendment to the Plan by an instrument in writing transmitted to the Employer at least 30 days before the effective date of the amendment. Such amendment shall become effective unless, within such 30 -day period, the Employer notifies the Administrator in writing that it disapproves such amendment, in which case such amendment shall not become effective. In the event of such disapproval, the Administrator shall be under no obligation to continue acting as Administrator hereunder. The Employer may at any time terminate this Plan. In the event of termination, assets of the Plan shall be distributed to Participants and Beneficiaries as soon as administratively practicable following termination of the Plan. Alternatively, assets of the Plan may be transferred to an eligible deferred compensation plan maintained by another eligible governmental employer within the same State if (a) all assets held by the Plan (other than Deemed IRAs) are transferred; (b) the receiving plan provides for the receipt of transfers; (c) the Participants and Beneficiaries whose deferred amounts are being transferred will have an amount immediately after the transfer at least equal to the deferred amount immediately before the transfer; and (d) the Participants or Beneficiaries whose deferred amounts are being transferred is not eligible for additional annual deferrals in the receiving plan unless the Participants or Beneficiaries are performing services for the employer maintaining the receiving plan. Except as may be required to maintain the status of the Plan as an eligible deferred compensation plan under Section 457(b) of the Code or to comply with other applicable laws, no amendment or termination of the Plan shall divest any Participant of any fights with respect to compensation deferred before the date of the amendment or termination. Article MU. Applicable Law This Plan and Trust shall be construed under the laws of the state where the Employer is located and is established with the intent that it meet the requirements of an "eligible deferred compensation plan." under Section 457(b) of the Code, as amended. The provisions of this Plan and Trust shall be interpreted wherever possible in conformity with the requirements of that Section of the Code. In addition, notwithstanding any provision of the Plan to the contrary, the Plan shall be administered in compliance with the requirements of Section 414(u) of the Code. Article XIV. Gender and Number The masculine pronoun, whenever used herein, shall include the feminine pronoun, and the singular shall include the plural, except where the context requires otherwise. 23 Agenda Item No. 16E3 DECI ARATION OF TRUST February 13, 2007 Page 27 of 40 This Declaration of Trust (the "Group Trust Agreement") is made as of the 19th day of May, 2001, by VantageTrust Company, which declares itself to be the sole Trustee of the trust hereby created. WHEREAS, the ICMA Retirement Trust was created as a vehicle for the commingling of the assets of governmental plans and governmental units described in Section 818(a)(6) of the Internal Revenue Code of 1986, as amended, pursuant to a Declaration of Trust dated October 4, 1982, as subsequently amended, a copy of which is attached hereto and incorporated by reference as set out below (the "ICMA Declaration "); and WHEREAS, the trust created hereunder (the "Group Trust ") is intended to meet the requirements of Revenue Ruling 81- 100, 1981 -1 C.B. 326, and is established as a common trust fund within the meaning of Section 391:1 of Title 35 of the New Hampshire Revised Statutes Annotated, to accept and hold for investment purposes the assets of the Deferred Compensation and Qualified Plans held by and through the ICMA Retirement Trust. NOW, THEREFORE, the Group Trust is created by the execution of this Declaration of Trust by the Trustee and is established with respect to each Deferred Compensation and Qualified Plan by the transfer to the Trustee of such Plan's assets in the ICMA Retirement Trust, by the Trustees thereof, in accord with the following provisions: (a) Incorporaziom ofICMA Declaration by Reference; ICMA By -Laws. Except as otherwise provided in this Group Trust Agreement, and to the extent not inconsistent herewith, all provisions of the ICMA Declaration are incorporated herein by reference and made a part hereof, to be read by substituting the Group Trust for the Retirement Trust and the Trustee for the Board of Trustees referenced therein. In this respect, unless the context clearly indicates otherwise, all capitalized terms used herein and defined in the ICMA Declaration have the meanings assigned to them in the ICMA Declaration. In addition, the By -Laws of the ICMA Retirement Trust, as the same may be amended from time -to -time, are adopted as the By -Laws of the Group Trust to the extent not inconsistent with the terms of this Group Trust Agreement. Notwithstanding the foregoing, the terms of the ICMA Declaration aid By -Laws are further modified with respect to the Group Trust created hereunder, as follows: any reporting, distribution, or other obligation of the Group Trust vis4 -vis any Deferred Compensation Plan, Qualified Plan, Public Employer, Public Employer Trustee, or Employer Trust shat[ be deemed satisfied to the extent that such obligation is undertaken by the 1CMA Retirement Trust (in which case the obligation of the Group Trust shall run to the ICMA Retirement Trust); and all provisions dealing with the number, qualification, election, term and nomination of Trustees shall not apply, and all other provisions relating to trustees (including, but not limited to, resignation. and removal) shall be interpreted in a manner consistent with the appointment of a single corporate trustee. (b) Cyompliance with Revenue Procedure 81 -100. The requirements of Revenue Procedure 81 -100 are applicable to the Group Trust as follows: L Pursuant to the terms of this Group Trust Agreement and Article X of the By -Laws, investment in the Group Trust is limited to assets of Deferred Compensation and Qualified Plans, investing through the ICMA Retirement Trust. 2. Pursuant to the By -Laws, the Group Trust is adopted as a part of each Qualified Plan that invests herein through the ICMA Retirement Trust. 3. In accord with the By -Laws, that part of the Group Trust's corpus or income which equitably belon, to any Deferred Compensation and Qualified Plan may not be used for or diverted to any purposes other than for the exclusive benefit of the Plan's employees or their beneficiaries who are entitled to benefits under such Plan. �__ 4 In accord Sk _By_�3'X Lo 2�r�Compensation Plan or Qualiiicd ;q lran pan of its equity or interest in the Group Trust, and any purported assignment o�a 8f 40 interest shall be void. (c) Governing Law. Except as otherwise required by federal,- state or local law, this Declaration of Trust (including the ICMA Declaration to the extent incorporated herein) and the Group Trust created hereunder shall be construed and determined in accordance with applicable laws of the State of New Hampshire. (d) Judicial Proceedings. The Trustee may at any time initiate an action or proceeding in the appropriate state or federal courts within or outside the state of New Hampshire for the settlement of its accounts or for the determination of any question of construction which may arise or for instructions. IN WITNESS WHEREOF, the Trustee has executed this Declaration of Trust as of the.day and year first above written. VANTAGETRUST COMPANY By: Jof Name: Paul E Gallagher Title: Secretary 2 Agenda Item No. 16E3 February 13, 2007 Page 29 of 40 w Agenda Item No. 16E3 February 13, 2007 Page 30 of 40 4.57 Governmental Deferred Compensation Plan Amendment -Implementation :Package Table of Contents Description Page Suggested Implementation Steps __._......... ........ ...... .............................................. ..............................1 °"& >,�[fr c 9 b a a > 7 Y sw �k+r Attachment E1: Suggested Affirmative Statement for Amending a Deferred Compensation Plan .............. 8 Agenda Item No. 16E3 February 13, 2007 SUGGESTED IMPLEMENTATION STEPS Page 31 of 40 FOR AMENDING YOUR 457 DEFERRED COMPENSATION PLAN DOCUMENT ICMA -RC has made the adoption of the amended model 457 plan document as easy as possible. If, after reviewing the enclosed information, you have any questions regarding the adoption of the amended plan document, please contact your Client Services Team toll -free at I- 800 - 326 -7272 for assistance. If you currently use ICMA -RC's model 457 plan document, Attachment B (p.4) provides you with instructions for amending your existing plan document. If you currently use your own individually designed plan document, Attachment C (p.5) provides you with instructions for amending your existing plan document (if you choose to do so). "IMPORTANT NOTE" If you intend to adopt ICMA -RC's amended model 457 plan document with no changes, you do not need to notify or return any documents to ICMA -RC at this time. The amended model 457 plan document will be considered to be adopted by you 75 days from the postmark date on this implementation package, unless you notify ICMA -RC otherwise. Following the below steps will streamline your implementation of the amended model 457 plan document: Step l.: Review ICMA -RC's amended model 457 plan document materials (included in this package). Step 2: Review the new provisions included in this amendment (see "Highlights of New Provisions" on p.2). Step 3: Determine whether any formal action is required by your legislative body to amend your 457 plan and implement the changes. If formal action is required to adopt the amended plan document, a suggestec' affirmative statement and a suggested resolution (Attachments E1 (p.8) and E2 (p.10), respectively) have been provided. Step 4: Complete Attachment D (p.6) if you intend to make any changes to the default options of the new provisions. Step 5: Return all applicable documents in the enclosed postage paid envelope, or mail to: ICMA -RC Attention: New Business Analyst 777 North Capitol Street NE Washington, DC 20002 -4240 Agenda Item No. 16E3 February 13, 2007 Page 32 of 40 HIGHLIGHTS OF NEW PROVISIONS The following information highlights the new provisions and associated default options (where applicable) contained in ICMA -RC's amended model 457 plan document. 1. Deferral of Sick, Vacation, and Back Pay (Timing Requirement:sl — On May 31, 2005, the IRS issued proposed regulations under Code Section 415 addressing limitations on benefits and contributions applicable to qualified plans, and included guidance on the timing requirements for deferrals of accumulated sick, vacation and back pay for 457 plans. The proposed regulations were effective for limitation years beginning January 1, 2005, and may be relied on until the final regulations are issued. Operating under the proposed regulations, an eligible governmental 457 plan may permit deferrals from compensation, including sick, vacation, and back pay, so long as the amounts are paid within 21/2 months following severance from employment. The agreement to defer such amounts must be entered into prior to the first day of the month in which the amounts otherwise would be paid or made available. 2. Protection for Employees Who Serve in the Military — An employee whose employment is interrupted by qualified military service or who is on leave of absence for qualified military service may elect to contribute additional amounts to the 457 deferred compensation plan upon resuming employment. The employee may contribute an additional amount equal to what he /she could have elected to defer during the period of military service had employment continued without interruption or leave, reduced by any deferred compensation actually made by the employee during the period of interruption or leave. This right applies for five years following the resumption of employment (or for a period equal to three times the period of interruption or leave, if sooner). -� Expanded In- Service Distribution Options — In order to continue to provide the most flexible distribution options to employers and participants, the following in- service withdrawal options will now be made available: In- Service Distributions - Age 701h - Participants who have reached age 701h and are still actively employed may request a distribution of all or any portion of their vested account balance at any time. Such distribution requests may be made no more than two (2) times during any calendar year. This provision is offered by default. If you do not wish to offer this option, you will need to indicate "No" in Section III.I of Attachment D on p.6. In- Service Distribution - Rollover Assets - Participants who have assets in their account attributable to rollover contributions (money rolled -in from an eligible retirement plan* such as a 457, 403(b), 401(a), 401(k), or Traditional IRA), may at any time elect to receive a distribution of all or any portion of the rollover assets. This provision is not offered by default. If you wish to offer this option, you will creed to indicate "Yes" in Section II1.2 of Attachment D on p.6. * Beginning in the 2nd quarter of2007, rollover contributions from another 457plan will be separately accounted for and eligible for in- service withdrawals. Rollover contributions from other types ofplans including: 403(b), 401(a), 401(k), and Traditional IRAs will be available as of the date the provision is adopted by the employer. ATTACHMENT A OVERVIEW OF THE 457 DEFERRED COMPENSATION PLAN DOCUMENT CHANGES Agenda Item No. 16E3 February 13, 2007 Page 33 of 40 As your 457 deferred compensation plan provider, ICMA -RC will take care of most additional administrative tasks associated with the plan document changes. Your Client Services Team is available at 1 -800- 326 -7272 to answer any questions you may have. 1. Deferral of Timing requirements Sick, Vacation and required a participant Pursuant to proposed IRS regulations issued under Section 415 the Code, Section 5.03 To clarify the timing Employers should Back Pay (riming to be an employee of the Plan may permit deferrals from requirements in place for deferrals familiarize themselves with the new timing Requirements) in the month that compensation, including sick, vacation and of accumulated pay requirements. the election to defer back pay, so long as the amounts are paid upon an employee's accumulated sick, within 211 months following severance separation from vacation and back from employment and the other service. pay was made. This requirements of Sections 457(6) and 415 was modified by of the Code are met. Additionally, the the proposed IRS agreement to defer such amounts must be regulations (explained entered into prior to the first day of the in the "New Document month in which the amounts otherwise Change" column to the would be paid or made available. right), Z. Protection of Person Who Serves Not available (provision was made available An employee whose employment is interrupted by qualified military service Section 5.06 Added language to the document Employers should. be aware in a Uniformed when the final USERRA or who is on leave of absence for to comply with of this legislative change and the potential impact on Service regulations were issued ` qualified military service may elect to amended USERRA employees who are serving on December 19, contribute additional amounts to the regulations issued in the military. 2005.) 457 deferred compensation plan upon on December 19, resuming employment. The employee 2005. may contribute an additional amount equal to what he /she could have elected to defer during the period of military service had employment continued without interruption or leave, reduced by any deferred compensation actually made by the employee during the period of interruption or leave. This right applies for five years following the resumption of employment (or for a period equal to three times the period of the interruption or leave, if sooner). 3. In- Service Not available. Added the ability for the employer to offer Section 7.09 Provides increased Complete Attachment D on Distributions — Age in- service distributions for participants withdrawal options p.6 if you do not wish to 70 '/s age 70 %2 or older. This provision is to employers and offer in- service distributions offered by default. If you do not their employees. to participants who are age wish to offer Phis option, you will 10'/2 or older. need to indicate "No" in Section 111.1 of Attachment D (p.6). 4. In- Service Distributions Not available. Added the ability for the employer to Section 7.08 Provides increased Complete Attachment D on — Rollover Assets offer in- service distributions for rolled- withdrawal options p. 6 if you wish to offer in amounts. This provision is not to employers and in- service distributions of offered by default. If you wish to their employees. rollover assets. offer this option, you will need to indicate "Yes' in Section 111.2 of Attachment D (p.6) ATTACHMENT B INSTRUCTIONS FOR EMPLOYERS ADOPTING ICMA -RC's AMENDED MODEL 457 PLAN DOCUMENT Agenda Item No. 16E3 February 13, 2007 Page 34 of 40 Attachment A (p.3) provides an overview of the changes that are included in ICMA. -RC's amended model 457 plan document (also included in this package). If you intend to adopt ICMA -RC's amended plan document without changing the default options on either of the new in- service distribution provisions, you are not required to return any documents to ICMA -RC. However, if you,wish to make changes to the default options, you must complete and return the Statement of Intent to Amend a Governmental Deferred Compensation Plan (Attachment D) to ICMA -RC within 75 days of the postmark date on this package. • Statement of Intent to Amend a Governmental Deferred Compensation Plan (Attachment D on p.6): Complete and execute this document if you wish to make any changes to the default options of the new provisions. See Attachment A for an overview of the provisions included in ICMA -RC's amended model 457 plan document. The following steps can be followed to streamline your implementation of the amended model 457 plan document: Step 1: Review ICMA -RC's amended model 457 plan document materials (included in this package). Step 2: Review the new provisions included in this amendment (see "Highlights of New Provisions" on p.2). Step 3: Determine whether any formal action is required by your legislative body to amend your 457 plan and implement the changes. If formal action is required to adopt the amended plan document, a suggested affirmative statement and a suggested resolution (Attachments E1 (p.8) and E2 (p.10), respectively) have been provided. Step 4: Complete Attachment D (p.6) if you intend to make any changes to the default options of the new provisions. Step 5: Return any applicable documents in the enclosed postage paid envelope, or mail to: ICMA -RC Attention: New Business Analyst 777 North Capitol Street NE Washington, DC 200024240 Returning the documents referenced above within 75 days of the postmark date of this package will ensure that we are administering your plan in accordance with the amended model 457 plan document and any changes that you elect for the optional provisions. Please retain a copy of the Statement of Intent to Amend a Governmental Deferred Compensation Plan and other documents (if required) for your records. These documents will be part of your formal plan document. You should retain the originals in your files along with the amended model plan document included in this package. If you do not return the Statement , f Patent to Amend a Governmental Deferred Compensation Plan to ICMA -RC within 75 days of the postmark date of this package we will assume you am adopting ICMA RC's p amended model � Ian document without au changes. If you have any questions regarding the adoption of ICMA -RC's amended model 457 plan document, please contact your Client Services Team toll -free at 1- 800 - 326 -7272. Agenda Item No. 16E3 February 13, 2007 ATTACHMENT C Page 35 of 40 INSTRUCTIONS FOR EMPLOYERS USING AN INDIVIDUALLY DESIGNED 457 PLAN DOCUMENT Employers operating under their own individually designed plan document must follow these steps: Step 1: Review ICMA -RC's amended model 457 plan document materials (included in this package) in order to determine whether or not you will be amending your plan document to take advantage of the new options being made available by ICMA -RC. Step 2: Determine whether any formal action is required by your legislative body to amend your 457 plan and implement the changes. If formal action is required to adopt the amended plan document, a suggested affirmative statement and a suggested resolution (Attachments El (p.8) and E2 (p.10), respectively) have been provided. Step 3: Complete Attachment D (p.6) if you intend to adopt ICMA -RC's amended model 457 plan document or any of its provisions. Step 4: Return any applicable documents in the enclosed postage paid envelope, or mail to: ICMA -RC Attention: New Business Analyst 777 North Capitol Street NE Washington, DC 20002 -4240 NOTE: Ifyou do not wish to make any amendments to your plan document at this time, please contactyour Client Services Team at 1- 800 - 326 -7272 for additional instructions. Following the above steps within 75 days of the postmark date of this package will ensure that we are administering your plan in accordance with your plan document and any desired amendments. When available, please send the following additional items (if applicable) to the address noted above: • Copy of executed affirmative statement or resolution (if required). (See Attachments E1 (p.8) and E2 (p.10), respectively.) • Copy of your amended plan document. ADDITIONAL INFORMATION Employers that do not currently use ICMA -RC's model 457 plan document may want to consider converting to ICMA -RC's amended model 457 plan document at this time. You will find that using ICMA -RC's amended model 457 plan document makes adopting new changes easier. In addition: • ICMA -RC's amended model 457 plan document is designed to provide employers and participants with as much flexibility as possible within IRS guidelines. • Adopting ICMA -RC's amended model 457 plan document relieves you from the burden and cost of continually reviewing and revising your plan document in response to changes in the Internal Revenue Code (IRC) and related regulations. ICMA -RC maintains the document in compliance with all IRC and regulatory requirements. ICMA. -RC always seeks a favorable private letter ruling from the IRS for our model 457 plan document. This is important because a plan deemed ineligible by the IRS could result in a significant tax liability to all plan participants. If you have any questions 'regarding the adoption of ICMA -RC's amended model 457 plan document, please contact your Client Services Team toll -free at 1 -800- 326 -7272. ATTACHMENT D STATEMENT OF INTENT TO AMEND A GOVERNMENTAL DEFERRED COMPENSATION PLAN Page 1 (of 2) Plan Number: Name of Employer: I. Employer Intention (Select one): State: Agenda Item No. 16E3 February 13, 2007 Page 36 of 40 ❑ The employer is amending the ICMA -RC model 457 deferred compensation plan document provisions indicated below. ❑ The employer is amending an individually designed plan document to include the provisions indicated below. II. Employer Instructions Regarding Plan Administration (Select one): ❑ The employer instructs ICMA -RC to administer this plan in accordance with this Statement of Intent. ❑ The employer instructs ICMA -RC to administer this plan as if the employer is adopting ICMA -RC's amended model plan document. If neither alternative is checked, ICMA -RC will administer your plan as if you are using I(MA -RC's amended model plan document with no changes. III. Please indicate the optional provisions that you would like to add to your 457 deferred compensation plan. See Attachment A for an overview of the amended model plan document provisions related to these options. 1) Age 70 -1/2 in- service distributions are permitted under the Plan. ❑ Yes (default selection) ❑ No 2) In- service distributions of Rollover Assets are permitted under the Plan. ❑ Yes ❑ No (default selection) 6 Plan Number: Name of Employer. ATTACHMENT D STATEMENT OF INTENT TO AMEND A GOVERNMENTAL DEFERRED COMPENSATION PLAN Page 2 (of 2) State: Agenda Item No. 16E3 February 13, 2007 Page 37 of 40 IV. Effective Date: If you do not return this signed Agreement within 75 days from the postmark date on the 457 Governmental Deferred Compensation Plan Amendment Implementation Package, the Amendment shall be effective and you will be deemed to have consented to all of its provisions. V. Attachments The following documents are attached to the Statement of Intent: ❑ Copy of executed affirmative statement or resolution if required. ❑ Copy of amended plan document (far employers using an individually designed plan). Please forward all applicable documents to ICMA -RC as soon as possible. A. Employer Signature Name of Official Plan Coordinator (please print) Signature Telephone number Email Address Title Date The completed amendment and any attachments should be returned in the enclosed postage -paid envelope, or mailed to: ICMA -RC Attention: New Business Unit Analyst 777 North Capitol Street NE Washington, K 20002 -4240 7 Agenda Item No. 16E3 ATTACHMENT E February 13, 2007 SUGGESTED AFFIRMATIVE STATEMENT Page 38 of 40 FOR AMENDING A DEFERRED COMPENSATION PLAN Plan Number: Name of Employer: State: As a duly authorized agent of the above named Employer, I hereby AMEND and restate the Employer's deferred compensation plan (the "Plan ") in the form of: (Select one) ❑ The ICMA Retirement Corporation Deferred Compensation Plan and Trust* ❑ The Plan and Trust provided by the Employer (executed copy attached hereto) ** SPECIFY that the assets of the Plan shall be held in trust, with the Employer serving as trustee ("Trustee "), for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of Plan assets held in VantageTrust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries; AND AFFIRM that the Employer hereby agrees to serve as Trustee under the Plan. DATE: (Title of Designated Agent) (Signature) * If you are adopting ICMA -RC's amended model 457 plan document without modification, there is no need to mail this affirmative statement to ICMA -RC. ** If you are amending your own individually designed plan document, this executed affirmative statement should be returned in the enclosed postage -paid envelope, or mailed to: ICMA -RC Attention: New Business Unit Analyst 771 North Capitol Street NE Washington, DC 20002 -4240 8 THIS PAGE INTENTIONALLY LEFT BLANK 9 Agenda Item No. 16E3 February 13, 2007 Page 39 of 40 ATTACHMENT E2 SUGGESTED RESOLUTION FOR A LEGISLATIVE BODY RELATING TO AMENDING A DEFERRED COMPENSATION PLAN Plan Number: Name of Employer: Resolution of the above named Employer ("Employer") WHEREAS, the Employer has employees rendering valuable services; and State: Agenda Item No. 16E3 February 13, 2007 Page 40 of 40 WHEREAS, the Employer has established a deferred compensation plan for such employees that serves the interest of the Employer by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer has determined that the continuance of the deferred compensation plan will serve these objectives; and NOW THEREFORE BE IT RESOLVED that the Employer hereby amends and restates the deferred compensation plan (the "Plan ") in the form of: (Select one) ❑ The ICMA Retirement Corporation Deferred Compensation Plan and Trust* ❑ The Plan and Trust provided by the Employer (executed copy attached hereto) ** BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Employer serving as trustee ( "Trustee "), for the exclusive benefit of Plan participants and their beneficiaries, and,the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of Plan assets held in VantageTrust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries; BE IT FURTHER RESOLVED that the employer hereby agrees to serve as trustee under the Plan. I, , Clerk of the (City, County, etc.) of do hereby certify that the foregoing resolution, proposed by (Council Member, Trustee, etc.) , was duly passed and adopted in the (Council, Board, etc.) of the (City, County, etc.) of at a regular meeting thereof assembled this day of , 20 by the following vote: AYES: NAYS: ABSENT. (Seal) Clerk of the (City, County, etc.) * If you are adopting ICMA -RC's amended model 457 plan document without modification, there is no need to mail this resolution to ICMA -RC. ** If you are amending your own individually designed plan document, this executed resolution should be returned in the enclosed postage -paid envelope, or mailed to: ICMA -RC .Attention: New Business Unit Analyst 777 North Capitol Street NE Washington, DC 20002 -4240 10 Agenda Item No. 16E4 February 13, 2007 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve a Fourth Amendment to Lease Agreement with Arnold Properties, Inc., for the continued use of garage /warehouse space by the Sheriffs Office at a total cost of $29,192.40. OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to enter into a Fourth Amendment to Lease Agreement with Arnold Properties, Inc., for the continued use by the Sheriff's Office of 2,000 square feet of garage /warehouse space located at 1100 Commercial Boulevard. The amended lease period is for twelve months beginning March 1, 2007 to February 28, 2008. The rental and common area maintenance fee combined will be $29,192.40, payable in monthly installments of $2,432.70. CONSIDERATIONS: The original lease period was from June 30, 1998, through August 30, 2002. The Board approved a First Amendment to Lease Agreement on October 22, 2002, a Second Amendment to Lease Agreement on September 9, 2003, and a Third Amendment to Lease Agreement on July 11, 2005. Each Amendment was prepared to extend the lease term for an additional one (1) year period. The attached Fourth Amendment extends the lease term for one (1) year with an option to renew on a month -to -month basis. Due to security issues, details regarding the user department's operations cannot be included in this Executive Summary. The Sheriff and his staff are available to meet individually with each Commissioner to answer any questions regarding use of this facility. The Sheriff plans to relocate from this facility to the Special Operations Center at the Naples -- Airport once that facility is constructed. The attached Fourth Amendment to Lease Agreement has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: The total rental and common area maintenance fees of $29,192.40, to be paid in equal monthly installments of $2,432.70, for the first twelve -month renewal term will be withdrawn from the General Fund (001). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board approves and authorizes its Chairman to execute the attached Fourth Amendment to Lease Agreement described above. PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Estate Services, Department of Facilities Management. Agenda Item No. 16l February 13, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E4 _-- Item Summary: Recommendation to approve a Fourth Amendment to Lease Agreement with Arnold Properties.. Inc., for the continued use of garagelwarehouse space by the Sheriffs Office at a total cost of S29, 192.40. Meeting Date: 2/1312007 9.00.90 AM Prepared By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 1125/2007 12:21:22 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 1!2612007 10:26 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 112912007 2:20 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 1129/2007 5:53 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/31/2007 7:54 AM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 1131/2007 8:44 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 21112007 9:35 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 21712007 8:49 AM Commissioners Agen a Itlo. 16E4 FOURTH AMENDMENT TO LEASE AGREEMENT 31�� Y 13, 2007 Page 3 of 3 THIS FOURTH AMENDMENT TO LEASE AGREEMENT entered into this day of , 2007 at Naples, Collier County, Florida, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE" and ARNOLD PROPERTIES, INC., whose mailing address is 3073 South Horseshoe Drive #118, Naples, Florida 34104, hereinafter referred to as "LESSOR ". WITNESSETH WHEREAS, the Board of County Commissioners of Collier County, Florida and Arnold Properties, Inc. have previously entered into a Lease Agreement dated June 30, 1998, a First Amendment to Lease Agreement dated October 22, 2002, a Second Amendment to Lease Agreement dated September 9, 2003 and a Third Amendment to Lease Agreement dated June 28, 2005; WHEREAS, the LESSOR and LESSEE are desirous of amending Article 2 and Article 3 of the Lease Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement dated June 30, 1998, the First Amendment to Lease Agreement dated October 22, 2002, the Second Amendment to Lease Agreement dated September 9, 2003, and the Third Amendment to Lease Agreement dated June 28, 2005, and Ten Dollars ($10.00) and other valuable consideration, said Lease Agreement is hereby amended as follows: The following provision shall be added to Article 2 of the Lease Agreement: This Lease is hereby extended until March 1, 2008, hereinafter referred to as "Extended Lease Term ", provided LESSEE is not in default of any of the terms of this Lease. Following the Extended Lease Term, LESSEE shall be allowed to remain at the Demised Premises on a month -to -month basis for a one year term. LESSEE shall be granted the option to terminate the Lease by providing the LESSOR with thirty (30) day written notice. The following provision shall be added to Article 3 of the Lease Agreement: The monthly rent, including Common Area Maintenance fees, commencing as of March 1, 2007, shall be $2,432.70, and shall remain the same until the termination of the Extended Lease Term. if LESSEE shall remain at the Demised Premises following the Extended Lease Term, the monthly rent as of March 1, 2008 shall be $2,554.34. Except as expressly provided herein, the Lease Agreement between Collier County and Arnold Properties, Inc. dated June 30, 1998 remains in full force and effect according to the terns and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. The First, Second and Third Amendment to Lease Agreement are hereby cancelled. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this Third Amendment to Lease Agreement the day and year first above written. AS TO THE LESSEE: BOARD OF COUNTY COMMISSIONERS, ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk BY: BY: Deputy Clerk Chairman AS TO THE LESSOR: DATED: ARNOLD PROPERTIES, INC. BY: Witness (Signature) MICHAEL JEPPESEN, Owner (Print Name) Witness (Signature) (Print Name) Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney Agenda Item No. 16E5 February 13, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve a Lease Agreement with Domenico and Maria LaGrasta for temporary warehouse /office space to be used by the Sheriffs Office at a first year's cost of $84,000. OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to enter into a Lease Agreement with Domenico and Maria LaGrasta for temporary warehouse and office space to be used by the Sheriff's Office until their new facility at our County Barn property is completed. CONSIDERATIONS: The Sheriffs Office is currently leasing property on Arnold Avenue, serving as their fleet maintenance, radio shop, mobile data, telephone, and purchasing operations. The Sheriffs Office would like to relocate the mobile data, radio shop, and telephone operations to the proposed property. This relocation will allow the fleet and purchasing operations, currently at the existing location, to perform more efficiently until the County Barn facility is completed. The subject property is located at 4373 Mercantile Avenue and totals 7,000 square feet. The space includes 1,200 square feet of air - conditioned warehouse space, approximately 4,800 square feet.of non - air - conditioned warehouse space, two (2) restrooms, and four (4) offices. The initial lease term is for two (2) years with a one (1) year renewal option The rent, which includes Common Area Maintenance (CAM) charges, will be fixed for the first two (2) years of the lease at $84,000 annually. The rent will be increased pursuant to the Consumer Price Index (CPI) for the third year of the lease and any renewals thereto. The County will be responsible for all monthly communications and electricity costs pertaining to the operation of the subject property. The landlord will be responsible for all costs related to water consumption, sewer fees, building maintenance, landscaping, irrigation, air - conditioning, and plumbing systems. FISCAL IMPACT: The first year's total rent and common area maintenance fees of $84,000, to be paid in equal monthly installments of $7,000, as well as all subsequent annual rent and common area maintenance fees, will be withdrawn from the General Fund (001). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board approves and authorizes its Chairman to execute the attached Lease Agreement. PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Estate Services, Facilities Management Department Agenda Item No. 16E5 February 13, 2007 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 15125 Item Summary: Recommendation to approve a Lease Agreement with Domenico and Maria LaGrasta for temporary warehouseloffice space to be used by the Sheriffs Office at a first years cost of $84,000 Meeting Date: 2/13/2007 9:00:00 AM Prepared By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 1126/2007 10:2D:41 AM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 1/2612007 10:27 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 1/29/2007 1:45 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 1/2912007 5:55 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/31/2007 7:55 AM Approved By Laura Davisson Management & Budget Analyst Date County Managers Office Office of Management & Budget V3112007 8:42 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 211/2007 12:49 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 21112007 7:36 PM Commissioners Agenda Item No. ' E5 Lease # February 13, 2 07 LEASE AGREEMENT Page 3 f 6 THIS LEASE AGREEMENT entered into this day of February, 2007, between Domenico and Maria LaGrasta whose mailing address is 506 106'3' Avenue North, Naples, Florida 34108, hereinafter referred to as "LESSOR ", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE ". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately 7,000 square feet of warehouse and offices space located at 4373 Mercantile Avenue, Naples, Florida, for the sole purpose of operating a government office. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years commencing on February 15, 2007 and ending February 14, 2009. LESSEE is granted the option, provided it is not then in default of any of the terms of this Lease, to renew same for one (1) additional term of one (1) year, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice shall become effective upon actual receipt by LESSOR. LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon sixty days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 13 of this Lease. Said notice shall be effective upon actual receipt by LESSOR. LESSEE shall not be required to provide LESSOR with any advanced rent such as security deposit or holding rent. LESSEE is tax exempt and shall provide LESSOR with its Tax Certificate showing its exempt status. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises the sum of Eighty -four Thousand Dollars ($84,000.00) for the first two (2) years of the Lease term to be paid in equal monthly installments of Seven Thousand Dollars ($7,000.00). The annual rent for all renewals thereto shall be calculated as described in Article 4 below. All rental payments shall be due and payable in advance on the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (1 /30th) of the monthly rental multiplied by the number of rental days of such fractional month. ARTICLE 4. Renewal Term Rent The annual rent for the third year of the Lease and any renewals thereto, the rent set forth in this ARTICLE shall be increased annually for the ensuing one year renewal terms in the same proportion that the Consumer Price Index for Urban Wage Earners and Clerical Workers- United States City Average, all Item- Series A (1982 — 84 = 100), United States Department of Labor had increased for the preceding year. However, in no event shall the annual minimum rent be less than Eighty -four Thousand Dollars ($84,000.00) nor shall any yearly increase be greater than five (5) percent. In the event that the Consumer Price Index ceases to incorporate a significant number of items, or if a substantial change is made in the method of Agenda Item No. 1 E E5 establishing such Consumer Price Index, then the Consumer Price Index shall be adjusted to the figatet thot}r 13, 2007 would have resulted had no change occurred in the manner of computing such Consumer Price Index. In thRage 4 of 6 event that such Consumer Price Index (or a successor or substitute index) is not available, a reliable governmental or other nonpartisan publication, evaluating the information thereto for use in determining the ._ Consumer Price Index, shall be used in lieu of such Consumer Price Index. Said increase shall be provided by LESSOR in writing to LESSEE no later than thirty (30) days following the renewal term. ARTICLE 5. Other Expenses and Charges LESSEE shall pay all interior janitorial, electricity and telephone charges pertaining to the Demised Premises. LESSEE shall maintain the air - conditioning filters within the Demised Premises. LESSOR shall be responsible for all elements of the maintenance and repair of the building and the Demised Premises not stated above, including but not limited to, plumbing, electrical and air - conditioning systems, landscaping enhancements and/or replacement and irrigation, as well as waste removal, water, sewer, pest control and lawn maintenance. ARTICLE 6. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S prior written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no written rejection delivered by LESSOR to LESSEE regarding said proposals or plans, then such silence shall be deemed as an APPROVAL to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, - ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies having jurisdiction over the Demised Premises. All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the 4reehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove all such additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by or on behalf of LESSEE, and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 7. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with provisions of this Lease Agreement. ARTICLE 8. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons, other than another County agency, to occupy same without the prior expressed written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. Agenda Item No. 16E5 ARTICLE 9. Indemnity and Insurance February 13, 2007 Page 5 of 6 To the extent legally possible, the parties will continue the insurance arrangements in effect at the time of the commencement of this Lease, adjusted only so far as necessary to account for their change in legal position vis -a -vis. ARTICLE 10. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 11. Default by LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default and LESSOR may, at LESSOR'S option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within that notice period (or such additional time as is reasonably required to correct such default). ARTICLE 12. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days (or such additional time as is reasonably required to correct such default) after written notice from LESSEE to LESSOR properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: LESSOR: Board of County Commissioners Domenico and Maria LaGrasta c/o Real Estate Services 506 106`h Avenue North 3301 Tamiami Trail East Naples, Florida 34108 Administration Building Naples, Florida 34112 cc: Office of the County Attorney ARTICLE 15. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination, broom clean and in as good condition and repair as the same shall be at the commencement of the tern of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 16. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSEE. Agenda Item No. 1 LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the DemFsealbRywo sW, which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operatioRage 6 ARTICLE 17. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 18. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 19. Governing Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BY: Deputy Clerk JAMES COLETTA, Chairman AS TO THE LESSOR: DATED: WITNESSES AS TO BOTH: BY: DOMENICO DEGRASTA WITNESS (signature) print name BY: MARIA DEGRASTA WITNESS (signature) print name Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney 4 l _ f6 Agenda Item No. 16E6 February 13, 2007 Page 1 of 3 -- EXECUTIVE SUMMARY Recommendation to approve Boyd Brothers Service Inc. as the sole source provider for the installation, repair and replacement of Automated Logic Systems and Controls. OBJECTIVE: To obtain approval from the Board of County Commissioners to approve Boyd Brothers Service, Inc. as the sole source provider for the installation, repair and replacement of Automated Logic systems and controls as well as other energy management system services provided by Boyd Brothers. CONSIDERATIONS: In an effort to service County facilities in a more operationally and cost effective manner, the Facilities Management Department has investigated the use of a new Building Automation and Energy Management System (BAEMS) called Automated Logic that will augment the current BAEMS. This system is comparable to current systems in place such as Johnson Controls' Metasys and Trane's Tracer Summit Systems. Automated Logic also allows for full integration into these other existing systems. This option will allow for a potential energy and cost savings to the County. Boyd Brothers Service, Inc. is the sole provider of installation and services for Southwest Florida of Automated Logic products. FISCAL IMPACT: Facilities Management's Building Automation controls and service expenses average $55,000 annually and funds are budgeted in the Facilities Management Department's operating cost centers. GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners approves the recommendation to waive formal competition to purchase commodities and services from Boyd Brothers Service, Inc. over the $50,000 (fifty thousand dollar) threshold for the purchase, for the installation, repair and replacement of Automated Logic systems and controls as well as other energy management system services not to exceed the Department's operations budget. PREPARED BY: Damon Gonzales, Facilities Manager, Department of Facilities Management Agenda Item No. 16E6 February 13, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E6 Item Summary: Recommendation to approve Boyd Brothers Service, Inc. as the sole source provider for the installation. repair and replacement of Automated Logic Systems and Controls. Meeting Date: 2/13/2007 9:00.00 AM Prepared By Damon Gonzales Interim Facilities Manager Date Administrative Services Facilities Management 1125!2007 12:29:06 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 112912007 1:57 PM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 1/3112007 2:07 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 21112007 10:29 AM Approved By Steve Carrell Purchasing /General Svcs Director Date Administrative Services Purchasing 2/1/2007 1:49 PM Approved By Steve Cornell Purchasing /General Svcs Director Date Administrative Services Purchasing 2J112007 1:49 PM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management & Budget 21112007 4:16 PM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 21112007 4:41 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 2/212007 4:13 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 2/212007 4:35 PM Commissioners Jan 30 07 03:36p John Pennington AUTOMATEDLOGIC' C O R P U R E T 1 O N January 2, 2007 Damon Gonzales Collier County Government 3301 US 41 E, Bldg. W Naples, Florida 34112 Dear Mr. Gonzales: 239- 225-0818 Agenda Item 11 acIA6E6 February 13, 2007 Page 3 of 3 Automated Logic Corporation is located in Kennesaw, Georgia. World Headquarters and Factory Facilities in the Atlanta area insure close supervision and interface between development, engineering, and production of U. S. manufactured products and services. Automated Logic Corporation has a company wide commitment to provide the latest state-of-the-art systems available in the industry today and tomorrow. Automated Logic Corporation distributes products and set-vices through an exclusive dealer network. Boyd Brothers Service, Inc, had been an authorized Automated Logic Corporation Dealer since 1992 for southwestern Florida. They are the only source for ALC products and services in Collier County as well as the other counties in their territory. We recognize we are in a first step to be considered in your facilities management program, but also know that the products and services offered by Automated Logic and Boyd Brothers is intended to be the best in terms of quality and service. It is our goal to give you complete satisfaction. Automated Logic Corporation is eager to provide products and services to Collier County Government through the Authorized Dealer and only source of ALC products and services in Collier County, Boyd Brothers Service, Inc. Very truly yours, %6j4 7,'� " Bill Denney Region Manager �'v Cc: Boyd Brothers Service, Inc 1:50 RCBERTS BOULEVARD • KENNESAW. GEORGIA 30i44 -3618 • 77:)A29 -3000 • FAX 770!429 -3001 • v✓ww.automatedlogic.corrm Agenda Item No. 16E7 February 13, 2007 Page 1 of 49 EXECUTIVE SUMMARY Report and Ratify Staff - Approved Change Orders and Changes to Work Orders to Board - Approved Contracts. OBJECTIVE: To enable the Board to oversee the execution of administrative change orders and changes to work orders, and promote accountability in the use of staff authority. CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement a plan to enable changes to BCC - approved contracts (Section XIV. C, Collier County Purchasing Policy) of not greater than 10 percent of the current Board approved amount or $10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes to Work Orders. These include work orders issued under CCNA Contracts, which are less than or equal to $200,000 (Section VII.C, Collier County Purchasing Policy), and changes to work orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not greater than 10 percent of the current Board Approved amount or $100,000 whichever is greater. The Administrative report identifies the percentage changes, to contracts or work orders, that have occurred since the prior BCC approved amount, which are below the threshold limits as referenced above. The plan calls for staff to submit a monthly report listing these change orders from the previous reporting period. Enclosed is the monthly report of the Administrative Change Order and Administrative Changes to Work Order Reports. These reports cover period December 18, .-- 2006 through January 23, 2007. FISCAL IMPACT: The total change to contracts is $1,430,376.84. The total change to work orders is $87,795.30. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners accepts the enclosed Administrative Change Orders and Administrative Changes to Work Orders Reports and ratifies the listed change orders and changes to work orders PREPARED BY: Brenda Reaves, Contract Technician, Purchasing Department Agenda Item No. 16E7 February 13, 2007 Page 2 of 49 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E7 Item Summary: Report and Ratify Staff- Approved Change Orders and Changes to Work Orders to Board - Approved Contracts. Meeting Date: 2/13/2007 9:00:00 AM Prepared By Diana DeLeon Administrative Assistant Date Administrative Services Purchasing 1/30/2007 4:15:29 PM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 2/112007 1:48 PM Approved By Steve Carnell Purchasing /Genera's Svcs Director Date Administrative Services Purchasing 211t2007 1:48 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 2/1/2007 4:30 PM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 2/2/2007 10:56 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 2/212007 4:40 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 21612007 4:10 PM H R' a W cn LU W 0 (Y O Y 'S O H W 0 Z a S v W F- a Q: 4— Z a O Z O N Z O� Y � O C � U IL -j O c6 0 O M LL ;S) Cl) 2 U o R rn rn N m c 0 E 0 a) C T x O 0 m V) U Z N w U C � N > > r LIJ CD ? 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Y C 0 SMUZ FO- ai rn c R O L O V n O N 3 r al M O c 0 0 v o 0 vo 0 of ;D- C> V N O n co 6s Q `Z O O LO ro V) T O 0 T L a) O O a E U a) -C c q ax) O a m E 0 0) N > > c O R = O O O p N E t .N- m O O a) L N O Q) U � C N O I c O 0 0 N c c R o a O LO o v N a a) f0 a c C) o- o y O Q C E O C6 O � N R N O C O O O 0 O � R � O O m O N O C C) a C) c o R U3, m c m 0 c rn c Q N a R W m o O T O U O C O 4 m c 0 `m a 0 a w � C 0- J @ C m CL O O > O O O- E O _ co _T LL O CO a M � S O _o O a) _U C E(D U o Q R a) n a Qa) Of L) U) ,O vU 05 m LL C m of N U a 0 C )? Y C 0 SMUZ FO- ai rn c R O L O V n O N 3 r al M O c 0 0 v o 0 vo 0 of ;D- C> V N O n co 6s Q `Z O O LO ro V) T O 0 T L a) O O a E U a) -C c q ax) O a m E m N > > O) C 0 a` ` _O C 0 C a) ii .2.. 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U o C C O N .zC f° c� 00) •� N x '- t N cm O O y V N Q 0 y W UzUd0 Fp ui co C A c u � o N r ao O M rn co to c O t Q v O Y 0 O d O) C L U A O H Agenda Item No. 16E7 CONTRACT/WORK ORDER MODIFICATION February 13, 2007 CHECKLIST FORM . Page '5 of 49 PROJECT NAME: NCWRF Bleach System Reliability Upgrades PROJECT #: _73966 BID/RFP #: -32-1 If MOD #: 1 PO #:_4500058892 WORK ORDER #: C01 ' "FI ' �;)I/ " DEPARTMENT:—Public Utilities Engineering CONTRACTORIFIRM NAME: CH2M Hill Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: $ 31,000 (Starting Point) (Last Total Amount Approved by the BCC) $ 31,000 (Including All Changes Prior To This Modification) $ 3,095 $ 34,095 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 3,095 Date of Last BCC Approva Agenda Item # Percentage of the change over /under current contract amount 9.9 % Formula: (Revised Amount / Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required: equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders tha. exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: August 10 2006 CURRENT: FebruaA8 2007 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Extend Work Order JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? CH2M Hill has to continue providing CEI Services PARTIES CONTACTED REGARDING THE CHANGE: Consultant, Lvn Wood IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Proposed change is consistent with the scope of the existing agreement Proposed change is in fact an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change — Proposed prices, fees and costs set forth in the change are reasonable PROJECT MAN IAGER FW=Q0MMa APPROVE BY: e Hager REVIEWED BY: .R_�l Contract Specialist Revised 10.24.2006 a• N: This form is to be signed and dated. Date: pl, b Ajn[14 Date: Z Agenda Item No. 16E7 0. CONTRACTIWORK ORDER MODIFICATION February 13, 2007 CHECKLIST FORM Page 6 of 49 PROJECT NAME: NCWRF Bleach System Reliability Uparades PROJECT #: _73966 BID/RFP #: *951 MOD #: 1 PO #:_4500060662 WORK ORDER #: CI+Al 'FT "3. -91- 6-9' DEPARTMENT:—Public Utilities Engineering CONTRACTOR/FIRM NAME: CH2M Hill Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: $ 46,900 (Starting Point) (Last Total Amount Approved by the BCC) $ 46,900 (Including All Changes Prior To This Modification) $ 4,68 $ 51,580 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 4,680. Date of Last BCC Approval Agenda Item # Percentage of the change over /under current contract amount 9.9 % Formula: (Revised Amount / Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; aqual to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that i exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: August 14, 2006 CURRENT: February,11 2007 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Extend Work Order JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? CH2M Hill has to continue providing CEI Services PARTIES CONTACTED REGARDING THE CHANGE: Consultant, Lyn Wood IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N /A) _ Proposed change is consistent with the scope of the existing agreement _ Proposed change is in fact an addition or deletion to the existing scope _ Change is being implemented in a manner consistent with the existing agreement _ The appropriate parties have been consulted regarding the change - Proposed prices, fees and costs set forth in the change are reasonable PROJECT ANA ER OM ON: This form is to be signed and dated. .PPROVE BY: \ �� Date: !2%21e 6 of ag r L j f A (_ REVIEWED B Date: _�_W Contract Specialist Revised 10.24.2006 CONTRACTIWORK ORDER MODIFICATION Agenda Item No. 16E7 CHECKLIST FORM February 13, 2007. Page 7 of 49 PROJECT NAME: _,vcw'RF SCALA W"Tkst -L,� RePIace n-wt PROJECT #: _ 'Z356Lf Cc:��ct Ar�en�,xoct SfBfRFP #: b_S- r4V #8D #: PO #:_ AISDLO066-799 WORK ORDER #: DEPARTMENT: PU ED CONTRACTOR/FIRM NAME: HC'7e^ � tawyxr P. C. Original Contract Amount: Current BCC Approved Amount. Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: $ 4, OW . (Starting Point) $ �. 000. C110 (Last Total Amount Approved by the BCC) $ A.000. (Including All Changes Prior To This Modification) 0 $ (including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: (Approvc:0 at F-T Cvr�.4-rct 4t66-- Date of Last BCC Approval Agenda Item # 16 C Percentage of the change overlunder current contract amount 00 Formula: (Revised Amount / Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE(S): ORIGINAL: Y!'E _CURRENT: 3/0q O MMARY qF PROPOSED CHANGE (S): Identify the JUSTIFICAT ON O CHA_N`GE (S): What valve or Pf nefit do these cf�anges provid to the project? -���d Pan aI�II_ C'6eM h1= e�f--1- i�;�ti��i .►r.i��o_.. i f� g - -- -.- rroposeo change is consistent with the scope of the existing agreement Proposed change is in fact an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAG RECOMMENDATION: This form is to be signed and dated. APPROVE BY: Date: I a 4Contr anag REVIEWED BY: 7 Date: 7 Speciali st Revised 10.24.2006 3 W Lie ..: Agenda Item No. 16E7 !, February 13, 2007 Page 8 of 49 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Hideaway Beach Monitoring PROJECT M 905402 SIDIRFP M 06 -3902 MOD #: 1 PO#: 4500063139 WORK ORDER M HM -FT- 3902 -06 -01 DEPARTMENT: Tourism CONTRACTOR/FIRM NAME: Humiston & Moore Engineers Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: $ 81.T75.00 (Starting Point) $ NIA (Last Total Amount Approved by the BCC) $ 81.775.00 (Including All Changes Prior To This Modification) $ 32 844.30 $ 114 619.30 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 32.844.30 Percentage of the change aver /under current contract amount 40.16% Formula: (Revised Amount / Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in, doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: 9113/06 CURRENT: semve6- la /O 12 SUMMARY OF PROPOSED CHANGE (S?: Identify the changes. Additional Scope to Task 5: Coordination and subconsultant 1" annual beach monitoring survey as required by the state permit, not previously included in our scope of work. The requested additional budget includes 5% in accordance with paragraph 5.5. The budget for these services is $31,201.80, ($29,176.00+ 5 %). Additional staffs time to plot the additional data is $1,642.50. Total cost of $32,844.30. Add additional 180 days to completion date. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? This chance is required by state permit. This permit will allow us to successful complete proiect. PARTIES CONTACTED REGARDING THE CHANGE: Ayn Wood, Gary McXpin IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) _Y Proposed change is consistent with the scope of the existing agreement _Y Proposed change is in fact an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement _Y The appropriate parties have been consulted regarding the change _Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form Is to be signed an dated. t,.- APPROVE BY: C Date: I � ry M in, Coast 1 ro' ct M ger /�/ REVIEWED BY: 4L� Y) Date: 2 Lyn d, Contract Specialist Revised 10.24.2006 Agenda Item No. 16E7 February 13. 2007 T CONTRACTIWORK ORDER MODIFICATION' Page 9 of 49 CHECKLIST FORM PROJECT NAME: Pelican Bay Fire and Irrigation improvements PROJF -CT #: 74023 BIDIRFP #: 01 -3290 MOD #: r.2- PO #: 45"..533C3 DEPARTMENT: PLIED CONTRACTOR/FIRM NAME: WORK ORDER #: WMI -Er- 3290 -05-04 Wilson Miller Inc. Original Contract Amount: S 39,900.00 (Starting Point) Current BCC Approved Amount: S NIA (Last Total Amount Approved by the BCC) Current Contract Amount— $ ,420.00 (including All Changes Prior To This ModiftceEon) Change Amount: $ 0,00 Revised Contract/Work Order Amount: S -61420J(00 .00 (including This Changc Order) Cumulative Dollar Dollar Value of Changes to this Contract/Work Order: S. -O:00— Q%, sizD• C�7� Date of last BCC Approval NONE Agenda Item # NIA Percentage of the change over /under current contract amount a/ r Formula; (Revised Amount / Iasi BCC approved amour #) -1 — Results and Actions: contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC I)y the purchasing department, CCNA work orders: For all work orders that exceed $90,000 where the change does not exceed 10% or $10.000, these changes are reported by the Purchasing Department to the BGC administratively. Changers to these work order± that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders; If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt. contact your contract specialist. For more specific Information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section NZA. CURRENT COMPLETION DATE (S).-ORIGINAL: 9/29/2006 CURRENT: 01/2712007 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Increase time to complete work and addition of the Project Director Title at a rate of $150.00 /hr JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the (project? This Change will extend the time needed to finalize the project and authorize Wilson Millers new title PARTIES CONTACTED REGARDING THE CHANGE: Wilson Miller Inc, Water dept, Purchasing dept IMPLF-MFNTATION STEPS (Verify each before proceeding with change using Y, N or N /A) Y_ Proposed change Is consistent with the scope of the existing agreement N proposed change is in fact an addition or deletion to the existing scope Y_ Change Is being implemented in a manner consistent with the existing agreement Y__ The appropriate parties have been consulted regarding the change Y _ Proposed Change is consistent with the scope of the existing agreement Y_. Proposed prices, fees and costs set forth in the Change are reasonable PROJECT MANAG %0--4 MM�D I �il;s is form Is to be signers and d ted. APPROVED BY: --, Date: 01 D'� 00 Pnager "' REVIEWED BY; _ 1 i?t i Date: C t a ' peciafist - - -J�� Revised 3J29/06 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Golden Gate Pedes+frlan Bdda" PROJECT * 800541 BtDIRFP #: 01 -3290 MOD #: K PO#: 48011044855 'WORK ORDER #: JEt- FT415-01 DEPARTMENT: TECMCONTRACTORIFIRM NAME: Johnson Enaineer m, Inc. Original Contract Amount: Current I= Approved Amount: Current Contract Amount: Change Amount Rimed ContractMork Order Amount: Agenda Item No. 16117 February 13, 2007 Page 10 of 49 $ 7_:,,04'1.00 (Starting Point) $7 t/4. 41.110 (Last Total Amount Approved by the BCC) 4 041.0{1 (including All Changes Prior To This'Modifica don) 4776.00 $801$17.00 (including This Change Order) Cumulative Dollar Value of Changes to this ContmctWork Order $8 776. Percentage of the change overlunder current contract amount 9. fp Formula: (Revised Amount I'Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10 % reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that -- exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10 % of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: February 29, 2006 CURRENT: &Wmi 2j. 2ee6 -�� JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?The additional funding will cover the design services of a structural engineer. PARTIES CONTACTED REGARDING THE CHANGE: Purchasing, TECM Director and Design Professionsal IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOt4i MENPATION: Th form is to be signed and dated. APPROVE BY: Date: udil! 'eci Mana er .REVIEWED Date: nda Cummings, Contra Spec 1st Revised 14.24.2006 Agenda Item No. 16E7 February 13, 2007 Page 11 of 49 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM 10/24/06 PROJECT NAME: Cypress Way East & Ibis Way Rd Crossing PROJECT #: 510142 & Track N lmorovements BID/RFP #:01 -3290 MOD #: 4 PO# :4500033629 WORK ORDER #:0GM -1717-04.0$ DEPARTMENT: Stormwater Management CONTRACTOR/FIRM NAME:Q. Grady Minor & Associates P.A. Original Contract Amount: $ _35,790.00 (Starting Point) Current BCC Approved Amount: (Last Total Amount Approved by the BCC) Current Contract Amount: $ 138,818.00 Change Amount: (Including All Changes Prior To This Modification) $ 28,4{10.00 Revised Contract/Work Order Amount: $_167.218.00 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractlWork Order: $131,428.00 Date of Last BCC Approval N/A , Agenda Item # WA Percentage of the change over /under current contract amount20.46 % Formula: (Revised Amount I Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: June 20. 2005 CURRENT: November 4, 2007 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To adjust the current Work Order allowing for an existing drainage way that runs in a east west direction within Imperial Golf Estates Unit #4 and Palm River Estates Unit #5 to be included within this Change Order #4 to the Work Order. The Change Order will incorporate design improvements to existing drainage easements to be Included in the area protect scope as requested by Road Maintenance The Work has also been Identified in the CDM Collier County North Livingston Road Stormwater Basin Master Plan and will provide a designed ditch cross section allowing for improved stormwater runoff and an accessible route for Road Maintenance to maintain the drainage way,�- See attached December 11 2006 requested Proposal Letter. 714 Agenda Item No. 16E7 / February 13, 2007 (� Page 12 of 49 • JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Allow for improved stormwater runoff and an accessable route for Road Maintenance to maintain the -- drainage way. PARTIES CONTACTED REGARDING THE CHANGE: Design Professional — David Schmitt, P.E. Q. _Grady Minor & Associates: Jerry Kurtz, Collier County Principal Project Manager. Travis Gossard of Road Maintenance and Rhonda Cummings, Purchasing Department IMPLEMENTATION STEPS (Verify each before proceeding with change using Y. N or NIA) ` Proposed change is consistent with the scope of the existing agreement `f' Proposed change is in fact an addition or deletion to the existing scope 'Change is being implemented in a manner consistent with the existing agreement !l�`The appropriate parties have been consulted regarding the change Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. APPROVE BY:� �� =�' Date: P o REVIEWED BY: or ;ate� J6-7 /J�� ntract Specialist CONTRACTIWORK ORDER MODIFICATION Age February 13, ?007 CHECKLIST FORM Page 13 of 49 PROJECT NAME: Proiect Management Oversight Services PROJECT BID/RFP #: 05 -3657 MOD #: 1 PO #: i WORK ORDER #: AL L DEPARTMENT: Facilities Management CONTRACTOR/FIRM NAME; CH2M Bill, Inc. Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: $ NA (Starting Point) S NA (Last Total Amount Approved by the BCC) $ NA (Including All Changes Prior To This Modification) Revised Contract/Work Order Amount: $ NA (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 0 Date of Last BCC Approval:_ July 26, 2005 Agenda Item # 16.E.10 Percentage of the change over /under current contract amount Formula: (Revised Amount / Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: if the change exceeds 10% of the current BCC amount, then BCC approval required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procuremei. Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: NA CURRENT: NA SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To Provide for the addition of six (6) staffing categories to Schedule B of the contract JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project The additional categories were proposed to better align the staffing positions for the type of work C112M Hill Inc will be providing to Facilities over the course of twelve (12) identified Proiects (Supplemental Authorization Exhibit AI -A, attached.) PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell, Facilities Management; Linda Jackson Best Purchasing. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N /A) Y Proposed change is consistent with the scope of the existing agreement Y_ Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGE APPROVE BY: Ron I REVIEWED BYi� Liny12 Revised 10.24.2006 1, Prej est, Contract Specialist form is to be signed and dated. Date: Date: /L Lv 0 6 MA Agenda Item No. 16E7 q February 13, 2007 Page 14 of 49 Supplemental Authorization Exhibit "A1 -X' Contract # 05 -3657 "Agreement for Project Management and Oversight Services" Schedule B Rate Schedule Professional Hourly Fee Program Manager $151.00/hr. Senior Project Construction Manager $115.00/hr. Project Constructiori'Manager $ 97.00/hr Senior Project Representative $ 93.00/hr Project Representative $ 80.00/hr. Document Control St)ecialist $ 63.00 /hr r- r- CD uo�r moo` cV o pc C d _ Z m o 0 7 r- 5 a o 0 USE a i� o U w Cil `m 0 mm L.L o o d m d C 0 d d 01- 3 rn d 0 cm C m d c N LL t U N d d -D 0 V U y O O d m O o a �o m o m d m m O O 0 w EOj O N m (a O V m rn c o R O a O n c 3 c d > C E of m C5 d d O a U w v ° c m Ey U N O o w a C ° o C "I F d' Q CL w Q: K w O w 0 Z a 2 U w F a H Vl Z ❑ Q 0 0 0 O 6 Q z O Q Z O Efl Q Z m mm U J a a a) 0 L d L 3 o o d a d C 0 M 1l 01- O m L rn d 0 m N N N C t m O 7 m c a m 0 O a m O� Q m X cc -0 o o m o O C N m m O O C � m o > C EOj o m co c ` a O a E Ci N a E 7 M a N d U U o n Ey U N O c m C ° O m N s f°. o � _ A� m � � m � c t O ° C C ` 3 d O m r p Y U o a LL O O m K C U m O CD a> a M EA O N L Ln � m C m O N m m d a O O Q c (D C6 °) co C U> 7 O V O U m C p 0 U O mm aQ o E2 O = ° Q d a w `a d N N ° U _ d O L O EA Q -0 O 7 C D Z C U O d E (� M J y a m L m m CL Y N 3 a c d ❑ a L J D O L � LO N � d CL C N p N d M 3 N C Y L CO ma a � o m _O E y d m m U o @1 m° c o Z cO C L Y U d d d U d m d U to O d 0 E O E w oZ 'O O m 2 N C o .0 O - n a)— Z 2 U Z d c O N m U j O Y > O v W a v O d C d 'o U N ° co m Y C L y to O C m 10 'o mcoE? m r c� n c E > a U U a Y °w o U Z U m to- n m d T UU a' rn N N W m ° d d 7 CO � L d � N � d N Y U U � C U j d w L o m 3 O O E _� o d N N o Q m O d 3 m _ c = = > m _ M= E c O ° v 0 0 0 O 6 Q z O Q Z O Efl Q Z m mm U J a tD m N N O) C U O 3 d O 0 a a) 0 d d 3 o o d a c Z d @ C 01- O' v°i L � d N N Q d n m O 7 m c a C C aJ N y m M Co t N m O� Q m X cc U�ZoU¢wF -- tD m N N O) C U O 3 d O 0 0 O O o p c 3 o E o 4 O m m O O N O � m o x c a n L ° N C _O O c ° of C ° += m N s f°. o � 0 o � � m .3 N N L a c 3 O LL O O N d ° C6 O m > d L Ln � m d N m C O Q m C6 °) m N o O M U NE» m `a c o N N ° U C O ` c Q ° m m 0 ° Z Q d N (� M N CN a � d Y W m L U J D LO N � d C - N p N D N m d Z p _O _n m co Z �n c N U O 0 m E N N =_ M O tH d n O .0 3 E _0 °i ° °m UU a' W L d m d Y U U � C O o m 3 N N E _� o d E o Q m ami _ c = = c mj M= E c d c Q'o d d m d C'= C O > m a N -C c co 16 L o L d M EO T 2 m U-M O � Q rn U m G ° Ln °� m 'C O c CO M m a m - ap O _U d M m O. 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CO E O m -a M Q7 N - � m o 4) =o a N ° o a) � v N V @ E o � y c = w C m C L c � U y C O C N - m o) 3 - � J o .> LL o, 5D C_ d) a w m U U y C O U C0 m a'� � � O . E U 4 4t m N u- j u.) c m T '� oti LL O d y L:., Ol W O O M m N O O E c c N V L m noUWw O V- c ^o c N G m m t m O U O O C 3 .o d N 2 °' V c� OY 0 C. 0 U o LL O ,I O L_ N E M O O N C (D N N lti O N V � ffl — �3 a C w O N O y C N E M O D O � a � N L o � � E d N T M a O m cli c0 0 m (D O) �n c C5 y Lci � E a � y o � N p O � L C O O V C � O L y W L � rn G U -o m � �m O C COD C o N V y t0 o m O � rn E v c M @ °' E m o W Lo ° to L O O G1 y c o = E N m O N V N O 0 C O = U d C Z 3 L2 N O O ro O iA rs c 0 U O N U ti O H Agenda Item No. 16E7 CONTRACTIWORK ORDER MODIFICATION February 13. 2007 CHECKLIST FORM Page 19 of 49 PROJECT NAME: NORTH COLLIER REGIONAL PARK CONSTRUCTION MANAGEMENT AT RISK. PROJECT #: 80602 BID /RFP #: 01 -3189 MOD #: 27 PO#: 4500037217 DEPARTMENT:PARKS A RECREATION CONTRACTOR/FIRM NAME: KRAFT CONSTRUCTION, INC. Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: $ 53,802,645.00 (Starting Point) $ 42,023,463.30 (Last Total Amount Approved by the BCC) $ 39,949,790.47 (Including All Changes Prior To This Modification) $ 99,799.73 $ 40,049,590.20 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractlWork Order: $ - 13,753,054.80 Date of Last BCC Approval 5/24/2005 Agenda Item # 16(D)4 Percentage of the change over /under current contract amount — 4.70% Formula: (Revised Amount / Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required, equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: 5/19/2006 CURRENT: 6/1712007 SUBSTANTIAL TURF COMPLETION DATE: 11/26106" INTICIPATED FINAL COMPLETION FOR SOCCER AND BALL FIELDS: 12127106 *' * Substantial completion date for the entire Park, with the exception of the grow -in of the sports field turf, was achieved on June 17, 2006. This date is consistent with the revised substantial completion date authorized in the previous change orders. Substantial completion date of the turf grow -in is November 26, 2006 per the approved contract six month turf grow -in. ** The final completion is 30 day after the Substantial completion date listed above. SUMMARY OF PROPOSED CHANGE (S): Identify the changes: This additive Change Order # 27 is associated with owner directed changes as well as design related changes that have arisen thorough the construction process. These changes include electrical changes for exterior luminaries at the Recreation building, install red hold button for slide safety and wiring for 2 future slides, re -plant trees knocked down by wind, place temporary screens at intake of HOOVER irrigation Pump, added signage for site, changes to exhaust system at pool concession per fire department, re -grade areas at soccer and ball fields and install hand rail at Pool bridge and additional items as listed in the Change Order description back -up. Collectively these items add up to $ 99, 799.73. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? This Change Order is a result of owner driven changes and design related adjustments that have arisen during the construction. These items provide added value to the owner and solve on -site issues that have arisen. These items Revised 10.24.2006 Agenda Item No. 16E7 Q are cost effective solutions. This Change Order has been thoroughly reviewed by tWOeWgm T?rr4 essionals, contractor, county staff, clerk's Finance Office and the project team. Page 20 of 49 This resulting change order has merit and is substantiated. -- PARTIES CONTACTED REGARDING THE CHANGE: Public services Administrator, Purchasing contract Specialist, Clerks finance Department Special Projects Coordinator, County Project Managers. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) _Y_ Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y_The appropriate parties have been consulted regarding the change _r_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECO MENDATION: This form is to be signed and dated. APPROVE BY: 3 �'{� r` '� Date: Tony Rubbrio Senior Project Manager Parr & kftreation Department REVIEWE Contract Specialist Department Revised_ 10.24.2006 Date: 02 — I 9? —O(c, CONTRACT/WORK ORDER MODIFICATION Agenda Item No. 16E7 February 13, 2007 CHECKLIST FORM Page 21 of 49 PROJECT NAME: Advertising of Delinquent Real Estate and Personal Property Tax PROJECT* NA BIDIRFP #: 04 -3616 MOD #.- 1 PO#: NA WORK ORDER M NA DEPARTMENT: Purchasing CONTRACTORIFIRM NAME: Collier County Publishing Inc. d /b /a Naples Daily News Original Contract Amount: $ NA (Starting Point) Current BCC Approved Amount: $_ $56,640, Estimated Amount per Executive Summary (Last Total Amount Approved by the BCC) Current Contract Amount: $ NA (Including All Changes Prior To This Modification) Change Amount $ 0 Revised Contract[Work Order Amount: $ NA (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 0 Date of Last BCC Approval February 24, 2003 Agenda Item # 10F Percentage of the change overlunder current contract amount 0 Formula: (Revised Amount / Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCG approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. R4 CURRENT COMPLETION DATE (S):ORIGINAL: NA CURRENT: NA SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Upon renewal time for the 2007 -2008 contract time, the Naples Daily News requested an increase of the "Per Parcel Price" increase from $1.77 to $1.82. (Exhibit Al -A attached). JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The "Per Parcel Price" has remained the same since the contract award in February 2004 staff agreed to the .05 increase as a reasonable request PARTIES CONTACTED REGARDING THE CHANGE: Scott Johnson Purchasin • Michael Hauer Purchasing; Linda Jackson Best, Purchasing IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDA 10 is form is to be signed and dated. APPROVE BY* p Date: i Micha . Ha er, rchasi g quisition Manager REVIEWED BY' Date: and ackson ,Contract Specialist Revised 10.24.200 Agenda Item No. 16FA February 13, 20 Gt Page 22 of 49 E7HMIT A -1 Contract Amendment # 1 Contract No. 04 -3616 "Advertising of Delinquent Real Estate and Personal Property Tax" This amendment, dated December 6, 2006 to the referenced agreement shall be by and between the parties to the original Agreement, Collier County Publishing, Inc. d/b /a Naples Daily News (to be referred to as "Contractor ") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 04 -3616, "Advertising of Delinquent Real Estate and Personal Property Tax" In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as per the Supplemental Authorization Exhibit "A1 -A" attached to this Amendment and incorporated herein by reference. Amendment #1 incorporates a 3% "Per Parcel Price" increase from the original amount of $1.77 to $1.82. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. •�1h._ •a Collier County Publishing, Inc. — d/b /a Naples Daily News By: John J. Fish President and Publisher WITNESS: Print Accepted C-0" CJL1 , 2006 I ON Ta ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By Michael F. Hauer, CPPO, CPPB Purchasing Acquisition Manager C TRACT ECIALIST` da L. J n Best, M.B.A. Agenda Item No. 16E7^^�� (- February 13, 2007CC Page 23 of 49 Supplemental Authorization Exhibit Exhibit Al -A Delinquent Real Estate Taxes: Per Square Inch Per Parcel Unit Price Price First Insertion $ 2.36 $ 1.82 Subsequent Insertions $ 2.36 $ 1.82 Delinquent Personal Property Taxes: Per Square Inch Per Parcel Unit Price Price Single Insertion $ 2.36 $ 1.82 Subsequent Insertions $ 2.36 $ 1.82 Agenda Item No. 16E7^^�� (- February 13, 2007CC Page 23 of 49 Agenda Item No. 16E7 CONTRACTIWORK ORDER MODIFICATION �age�of 49i`' CHECKLIST FORM - PROJECT NAME: RATTLESNAKE HAMMOCK ROAD PROJECT #: 60169 BID /RFP #: 05 -3876 MOD #: 6 (six! PO#:4500054219 WORK ORDER #: DEPARTMENT* TECM CONTRACTORIFIRM NAME: JOHN CARLO, INC. -_ Original Contract Amount: $ 23298102.25 (Starting Point) Current BCC Approved Amount: $ 23 298,102.25 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 23,298,102.25 (Including All Changes Prior To This Modification) Change Amount: $ 0.00 Revised ContractlWork Order Amount: ; 23.298,102.25 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order. $_0.00 Date of Last BCC Approval 9/13/2006 Agenda Item # 10L Percentage of the change over /under current contract amount 0,00 Formula: (Revised Amount / Last BCC approved amount} l Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: 1/11/08 CURRENT: 1111/08 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Provide and install the relocation of the permanent -- t,Ul VII,CJ 111 CIIG al+ uctJ „ ,.a v. .sa. ..... ..... -. •• -- --- - - - - -- - -- -- - - -- $10 859 31 will be deducted from the Roadwav Allowance CC-991 Installation of the 8" water main crate valve provided by Collier County at station 212 +42 Left Roadway. This installation was at the request of Collier County. The agreed_ Price includes all cost relating to the completion of this work The cost of $2,786.85 will be deducted from the Utility Allowance CC- 994 New pay items shall be created as follows: Item # Item Description Unit Quantity Unit Price Amount CC -991 -02 Shadowood /NLCC Perm Electric LS 1 $10,859.31 $10,859.31, CN- 994-02 8" Water Main Gate Valve Install LS 1 $2,786.85 $2,786.85 JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The purpose for the relocation is to maintain the electric services in the acouired right of way. The -gate valve installation was done at the request of Collier County. This price includes all cost relating to the completion of this work. PARTIES CONTACTED REGARDING THE CHANGE: James Zuver Project Manager Ronnie Hobbs,. Project Manager John Carlo, Inc. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Revised 10.24.2006,;:, ,� Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. APPROVE BY: h- Date: anag REVIEWED '3'1 9 tract Specialist Revised 10.24.2006 Agenda Item No. 16E7 February 13, 2007 Page 25 of 49 Agenda Item No. 16E7 CONTRACTIWORK ORDER MODIFICATION February 13, 2007 CHECKLIST FORM Page 26 of 49 PROJECT NAME: Airport Authority Consulting Services PROJECT #: NA BID/RFP #: 04 -3698 MOD #: 1 PO #: NA WORK ORDER #: NA DEPARTMENT: Collier County Airport Authority CONTRACTORIMRM NAME: Hole Montes, Inc. Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: $ NA (Starting Point) $ NA (Last Total Amount Approved by the BCC) $ NA (Including All Changes Prior To This Modification) $ 0 $ NA (Including This Change Order) Cumulative Dollar Value of Changes to this ContractlWork Order: $ NA Date of Last CCAA Board Approval December 15, 2004 Agenda Item # V (G) Percentage of the change over /under current contract amount 0 % Formula: (Revised Amount I Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section iV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: NA CURRENT: . NA 4 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To provide for hourly rate increases to two (2) of the positions listed in Schedule A of the Contract. The 2 Person Survey Crew rate will be increased from$100.00 per hour to $110.00 per hour. The 3 Person Survey Crew rate will be increased from $135.00 per hour to $140.00 per hour JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project ?To align the hourly rates with similar positions in other Fixed Term, Work Order driven agreements. PARTIES CONTACTED REGARDING THE CHANGE: Linda Jackson Best, Purchasing: Theresa Cook CCAA IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER M7ENDATION: This form is to be signed and dated. .PPROVE BY: ) Date: rT a Co k, irec or AA Dat REVIEWED B . e: Lin klk nest, Contract Specialist Revised 10.24.2' 0 Agenda item No. 16E7 February 13, 2007 Page 27 of 49 EXEE[BIT A -1 Contract Amendment #1 Contract 04 -3698 "Airport Authority Consulting Services" This amendment, dated December 7, 2006 to the referenced agreement shall be by and between the parties to the original Agreement, Hole Montes, Inc. (to be referred to as "Contractor ") and Collier County, Florida, (to be referred to as "Owner "). Statement of Understanding RE: Contract # 04 -3698 "Airport Authority Consulting Services" In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as follows. Increase to the hourly rates for two (2) of the staffmg positions identified in Schedule A of the Contract. 2 Person Survey Crew: Increase from $100.00 per hour to $110.00 per hour. 3 Person Survey Crew: Increase from $135.00 per hour to $140.00 per hour. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CO TO Hole Mo By: George Hermanson Witness 11 � `/ ' By: 'l pinmv VA0 Print Name and Title Accepted: ��� if o2-1 , 2006 OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: a 10-- Theresa Cook, Director Collier County Airport Authority Stephen Y. Carrell, 4Conct f Purch ' g and General Services By: ks B st Sp ci st I CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Naples Jail Center PROJECT #: 52008 BID /RFP #: 98 -2867 MOD #: 9 PCW.4600023475 WORK ORDER #: - 3EPARTMENT:Facilities Management CONTRACTORIFIRM NAME: Schenkel Shultz. Inc Original Contract Amount: $ 845,419.00 (Starting Point) Current BCC Approved Amount: S9z M19.00 ,Last Total Amount Approved by the BCC} Current Contract Amount: $ 971,419.00 (Including All Changes Prior To This Modification) Change Amount: $ (10,046.50) Revised Contract/Work Order Amount: $ 961,372.50 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $115,953.50 Date of Last BCC Approval 10/24/2006 Agenda Item # 16 E 4 Percentage of the change overfunder current contract amount % (1.03) Formula: (Revised Amount / Last BCC approved amount) -1 Agenda Item No. 16E7 February 13, 2007 Page 28 of 49 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORiGINAL: 1/31/2006 CURRENT:12131 /06 -- SUMMARY OF PROPOSED CHANGE (S): Identify the change: Resolution of wrong toilets installed on the third floor of the new Jail. 3 JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the projects This credit was negotiated such that there should be no cost to the County for the design error. The other portion of the additional costs is being absorbed by Kraft Construction. PARTIES CONTACTED RI`GARDING THE CHANGE: Ron Hovell Pete Tuffo, Gary Krueger Skip Camp, Linda Best IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) _Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y_ Change is being implemented in a manner consistent with the existing agreement _Y The appropriate parties have been consulted regarding the change _Y_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGEMEO EN DATIO is form is to be signed and dated. APPROVE BY: Date: 14ract R EVIEWED B s. Date: Sp�q q alist Revised 10.24.2006 Agenda Item No. 16E7 f February 13, 2007 (P Page 29 of 49 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Immokalee Road 6 lane Collier to 43'd Ave NE PROJECT*, 60018 BIDIRFP #: 03 -3419 MOD #: 7 PO #: 4500002113 WORK ORDER M DEPARTMENT: TECM CONTRACTOR/FIRM NAME: APAC- Southeast, Inc. Original Contract Amount: $ 28.986.526.90 (Starting Point) Current BCC Approved Amount: $ 33.938.025.18 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 34,845.074.54 (Including All Changes Prior To This Modification) Change Amount: $ 636,573.61 Revised ContractlWork Order Amount: $ 35,481.648.15 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract[Work Order: $ 6,495,121,.25 Date of last BCC Approval November 18.2003 Agenda Item # 16136 Percentage of the change overtunder current contract amount 4.54% Formula: (Revised Amount / Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S).-ORIGINAL October 14.2007 CURRENT: May 12.2008 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Added dollars to cover asphalt adjustment, increased Quantities to cover added drainage and turn lane work and nay for traffic control plan revisions JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project ?Added pavement North of Oil Well Road for turn lanes and thru lane to better match up with progosed Oil Well Road -widening ro ect. Some drainage was added to help alleviate flooding that was witnessed this past year and we had to add money to cover the asphalt adjustment cost allowed per contract as well as pay for revisions to the traffic control plans as requested by Collier County, added 25 days for the time for the additional work PARTIES CONTACTED REGARDING THE CHANGE: Jay Ahmad Norman Feder Johnson Engineering APAC Inc •• 1„ i wrr a r cro tverny each before proceeding with change using Y, N or NIA) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMEND TION: This form is to be signed and dated. APPROVE BY: J ✓� % �� z� Date: REVIEWED BY :P ject Manager Date: Revised 10.24.2006 CC nTR � }���Ci A LIST CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: North Naples Government Center PROJECT #: 5 5153 { _j3lDIRFP #: 043670 MOD #: 3 PO#:4500033103 WORK ORDER M N/A PARTMENT: Facilities Management CONTRACTORIFIRM NAME: Deannelis Diamond Construction Inc Original Contract Amount: $ 3,275,650.00 (Starting Point) Current BCC Approved Amount: $ 3,587,195.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 3,587,195.00 (Including All Changes Prior To This Modification) Change Amount: $ 10,734.00 Revised ContractlWork Order Amount: $ 3,597,529.00 (including This Change Order) Cumulative Dollar Value of Changes to this ContractlWork Order. $ 322,279.00 Date of Last BCC Approval 07127/2004 Agenda Item # 10 N Percentage of the change overlunder current contract amount 0.30% Formula: (Revised Amount / Last BCC approved amount) -1 Agenda Item No. 16E77 February 13, 2007 Page 30 of 49 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: December 26,2005 CURRENT: June 18, 2006 -- -MMARY OF PROPOSED CHANGE (S): Identify the changes. Change floor the installation in bathrooms, add card reader to rear doors and add additional lscape irrigation. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The the was changed to diaoonal by the Architect the card readers are needed to access the rear of the building and the additional 'irrigation is needed to ensure coverage for the existing landscape. PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovels Skip Camp Linda Jackson David Bamsbemer, Jay Howard (Deanoelis Diamond) IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) X Proposed change is consistent with the scope of the existing agreement X Proposed change is in fact an addition or deletion to the existing scope X Change is being implemented in a manner consistent with the existing agreement _X_ The appropriate parties have been consulted regarding the change _X Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER R O ATION: This s to be signed and dated. p ., APPROVE BY: Date: r Projec a ager _ REVIEWED BY: Date: �o r ct Sp i list Revised 10.24.2006 CONTRACT/WORK ORDER MODIFICATION Agenda Item .No' 16E7 CHECKLIST FORM February 13, 2007 Page 31 of 49 PROJECT NAME: Immokalee Road Widening Project (US 41 to 1 -75) PROJECT #: 660426 BIDIRFP #: 05 -3788 MOD #: 5 PO #: 4500044405 WORK ORDER #: N A DEPARTMENT: Transportation Engineering and Construction Management CONTRACTOR/FIRM NAME: John Carlo, Inc. Original Contract Amount: $ 26,947.099.43 RECEIVED (Starting Point) DEC 2 1 2006 Current BCC Approved Amount: $ 26,947,099.43 (Last Total Amount Approved by the BCMURCHASING DEPT. Current Contract Amount: $ 27,039.090.46 (Including All Changes Prior To This Modification) Change Amount: $____356,053.25 Revised ContractlWork Order Amount: $__27 395.143-71 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $_448,044.28 Date of Last BCC Approval March 8,_2005 Agenda Item # 10C Percentage of the change over /under current contract amount 1.66 % Formula: (Revised Amount/ Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10 °0 of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: November 18, 2007 CURRENT: _January 23. 2008 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. 102 -81C Impact Attenuator Repair; 999 -031 Rip Rap for Flume at Strand Blvd.. • 999 -032 Bituminous Asphalt A- justment• 999-026 8" Water Main deflection at Station 1163+00. 999 -027 6" Force Main deflection at Station 1163 +00. 999 -028 Relocation of light ole at East end of Milestone l: 999 -029 Removal of High mast light pole at station 1211 +60. 999 -030 12" Raw Water Main deflection at Station 1149 +00, JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? 102 -81 C Required safety devices; 999 -031 Needed to prevent erosion into canal, 999-032 Needed to pav contractor for increase cost of asphalt as per contract 999 -026 Needed to adjust for conflict with 15' RCP drainage pipe: 999-027 Needed to adiust for conflict with 15 drainage pipe, 999 -028 Needed to relocate due to not enough slope material around light pole foundation 999-029 Needed to remove due to light pole being to close to the travel lane, 999 -030 Needed to adjust for conflict with 18" drainage e. PARTIES CONTACTED REGARDING THE CHANGE: Walt Gilcher (Hole Montes Inc.); Charles McCleaf (John Carlo Inc )• Michale Jordan and Dennis Day (PBS &J): Jay Ahmad and Steve Ritter (TE &CM)l Ron Dillard and Fred Sexton (PUED) IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Revised 10.24,2006 Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGE RECQMME DATION: This form is to be signed / and dated. APPROVE BY: -'� Date: /�� G Pr anag REVIEWED BY: Date: tract Specialist Revised 10.24.2006 Agenda Item No. 16E7 a February 13, 2007 p� Page 32 of 49 Agenda Item No. 161=7 February 13, 2007 CONTRACTMORK ORDER MODIFICATION Page 33 of 49 CHECKLIST FORM PROJECT NAME: SCRWTP 12 -MGD Reverse Osmosis Expansion PROJECT #: _05 -3879 BIDIRFP M 05 -3879 MOD #: 02 -01 PO#: 4500054770 WORK ORDER M N/A DEPARTMENT: Public Utilities CONTRACTORIFIRM NAME:_ The Poole and Kent Company Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: $ 2_ 4 373 000.00 (Starting Point) $_24,373.000.00 (Last Total Amount Approved by the BCC) $_ 24.531210.00 (Including All Changes Prior To This Modification) 14 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: Date of Last BCC Approval-10/1 1/2005 Agenda Item # 10G Percentage of the change overlunder current contract amount 0.68 % Formula: (Revised Amount / Last BCC approved amount)-1 Results and Actlons: Contracts: If the change exceeds 10% of the current BCC amount then BCC approval is required, equal to or less than 10% reported to BCC by the purchasing department CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval Is required. if in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3_d. CURRENT COMPLETION DATE (S): SUBSTANTIAL COMPLETION NO. 1: ORIGINAL: 01/24/2007 CURRENT: 01/24/2007 SUBSTANTIAL COMPLETION NO. 2: ORIGINAL: 07/13/2007 CURRENT: 07/13/2007 FINAL COMPLETION: ORIGINAL: 08/12/2007 CURRENT: 08/12/2007 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Additional materials and labor to reroute membrane flush piping and permeate dump piping within the RO Process Building piping trench. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The rerouting of new permeate dump piping and existing membrane flush piping was required to avoid a direct physical elevation conflict between the two pipelines. Had this item been discovered during the design period, it would have been incorporated into bidding documents and the additional costs included in this change item would have been included in a higher lump -sum bid price for the overall project. Revised 10 /5/05 Agenda Item No. 16E7 '14 February 13, 2007 Page 34 of 49 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: SCRWTP 12 -MGD Reverse Osmosis Expansion PROJECT M `05 -3879 BID /RFP #: 05 -3879 MOD #: 02 -02 PO#: 4500054770 WORK ORDER t.—N/A DEPARTMENT: Public Utilities CONTRACTORIFIRM NAME: The Poole and Kent Company original Contract Amount: $ 24,373,000-00 (Starting Point) Current BCC Approved Amount: $ 24 373 000.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ (including All Changes Prior To s Mo "cation) Change Amount: $ Revised Contract/Work Order Amount: $ a4rS* tQ-69 (Inclnciing'This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: 06 Date of Last BCC Approval 10/11/2005 Agenda Item # 10G Percentage of the change over /under current contract amount 0.83 Formula: (Revised Amount / Last BCC approved amount) -1 Results and Actions: contracts: 0 the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval Is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S): SUBSTANTIAL 'COMPLETION NO. 1: ORIGINAL: 01/2412007 CURRENT: 01/2412007 SUBSTANTIAL COMPLETION NO. 2: ORIGINAL: 07/13/2007 CURRENT: 07/13/2007 FINAL COMPLETION: ORIGINAL: 08/12/2007 CURRENT: 08/12/2007 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Additional materials and labor to modify the outlet piping from the four (4) new cartridge filters being installed under this project. Additional fittings include stainless steel spool pieces, flange sets. This change also includes changing a 45- degree bends at each filter suction pipe to 60- degree custom bends. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The Contract Documents were based on the installation of piping shown on the contract drawings for the previous 8- MGD R.O. Expansion project. The 8 -MGD R.O. contract drawings showed spool pieces from the common cartridge filter discharge header to serve the four "future" cartridge filters being installed now under the 12 -MGD R.O. Expansion project. Those spool pieces were not installed on the 8 -MGD R.O. project and are being installed now under this project. In addition, connection points on the common suction header to serve the four new filters were not installed in the location shown on the contract drawings. The as -built locations would not allow use of standard 45- degree bends to transition suction piping into each new filter housing: therefore, custom 60- degree bends were required. Revised 10/5/05 Agenda Item No. 16E7 ! February 13, 2007 � b CONTRACTMORK ORDER MODIFICATION Page 35 of 49 CHECKLIST FORM PROJECT NAME: SCRWTP 12 -MGD Reverse Osmosis Expansion PROJECT #: �05 -3879 BID /RFP #: 05 -3879 MOD #: 02 -03 PO#: 4500054770 WORK ORDER #: N/A DEPARTMENT: Public Utilities CONTRACTOR/RlRM NAME: The Poole and Kent Company Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: $ _24 373,000.00 (Starting Point) $ 24373'00000 " (Last Total Amount Approved by the BCC) (Inclnd.g All Changes Prior To h /is�jModificQti�[onk) �� ee, .51 / D . rY`f (Including This Change order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ A$ 017, FTL Date of Last BCC Approval 10/11/2005 Agenda Item # 10G Percentage of the change ovedunder current contract amount 0.W ., Ste", % Formula: (Revised Amount / Last BCC approved amountyl Results and Actions: Contracts: If the charge exceeds 10% of the current BCC amount, then BCC approval Is required, equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S): SUBSTANTIAL COMPLETION NO. is ORIGINAL: 01/24/2007 CURRENT: 01/24/2007 SUBSTANTIAL COMPLETION NO. 2: ORIGINAL: 07/13/2007 CURRENT: 07/13/2007 FINAL COMPLETION: ORIGINAL: 08112/2007 CURRENT: 08/12/2007 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Materials and labor to install insulation within the CMU walls for the new Lime Softening Plant Electrical Building and the new Chemical Area Electrical Building. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The wall insulation is required in these two air - conditioned electrical room to maximize the efficiency of each building's air conditioning system. The insulation requirement was inadvertently omitted from the Contract Documents. Had this item been included in the original design, it would have resulted in a corresponding increase to the original bid contract amount. This change results in no rework to the project. Revised 1015105 Agenda Item No. 16E7 6J& February 13, 2007 Page 36 of 49 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: SCRWTP 12 -MGD Reverse Osmosis Expansion PROJECT #: 05 -3879 BIDIRFP #: 05 -3879 MOD #: 02 -04 PO#: 4500054770 WORK ORDER #: N/A DEPARTMENT: Public Utilities CONTRACTORIFIRM NAME: The Poole and Kent Company Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: $ 24.373 000 00 (Starting Point) $ 24 373 000.00 (Last Total Amount Approved by the BCC) (including All Changes Prior To This Modification) Change Amount: $ ':2 91, Revised Contract/Work Order Amount: $ d!. f X06 (Including This Change Order) //1Y Cumulative Dollar Value of Changes to this Contract/Work Order: $ ^" �0 , ;� � , 9Y Date of Last BCC Approval 10/11/2005 Agenda Item # 10G Percentage of the change over /under current contract amount 0,9�'. 1 3 -/- Formula: (Revised Amount / Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10 °!Y of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to 8CC by the purchasing department. CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval Is required. If in doubt, contact your contract specialist. For more speck information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IVA-d. CURRENT COMPLETION DATE (S): SUBSTANTIAL COMPLETION NO. 1: ORIGINAL: 01124/2007 CURRENT: 01/2412007 SUBSTANTIAL COMPLETION NO. 2: ORIGINAL: 07/13/2007 CURRENT: 07/13/2007 FINAL COMPLETION: ORIGINAL: 08112/2007 CURRENT: 08/12/2007 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Modify material of preformed channel pipe supports at Reverse Osmosis Skids 5 through 10 from galvanized steel to stainless steel. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The preformed channel pipe supports were inadvertently specified as standard galvanized steel instead of premium stainless steel as required to resist potential corrosion from the ambient levels of hydrogen sulfide and moisture within the process area. Had this item been included in the original design, it would have resulted in a corresponding increase to the original bid contract amount. This change results in no rework to the project. Revised 1015105 Aaenda Item No. 16E7 February 13, 2007 Page 37 of 49 CONTRACTM►ORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: _ SCRWTP 12 -MGD Reverse Osmosis Expansion PROJECT #: 05 -3879 BID/RFP #: 05 -3879 MOD #: 02 -05 PO#: 4500054770 WORK ORDER #: N/A DEPARTMENT: Public Utilities CONTRACTOR/FIRM NAME:_ The Poole and Kent Company Original ContractAmount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised ContractlWork Order Amount: $ _24,373,000.00 (Starting Point) $ 24,373,000.00 (Last Total Amomnt Approved by the BCC) (Including All Changes Prior To This Mo cation) (Including This Change Omer) Cumulative Dollar Value of Changes to this ContractlWork Order: $__249;4 Date of Last BCC Approval-_10/1 1/2005 Agenda Item # 10G Percentage of the change overlunder current contract amount 0.99 % Formula: (Revised Amount/ Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required- equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S): SUBSTANTIAL COMPLETION NO. 11: ORIGINAL: 01/24/2007 CURRENT: 01/2412007 SUBSTANTIAL COMPLETION NO. 2: ORIGINAL: 07/1312007 CURRENT: 07/1312007 FINAL COMPLETION: ORIGINAL: 08/1212007 CURRENT: 08/12/2007 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Materials and labor to perform the following remedial work to the R.O. feed pump foundations for R.O. Treatment Skids Nos. 5 through 10: 1. Chipping out a 12' deep section of the reinforced concrete pipe (RCP) sleeve at each pump foundation. 2. Drilling out additional concrete in the areas of proposed pump installation anchors. 3. Drilling in reinforcing dowels, installing a bonding agent and replacing the sections of RCP sleeves with structural concrete. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The RCP sleeves were cast into and under the R.O. Process Building floor under the original 8 -MGD R.O. Expansion to allow for the future installation of R.O. feed pump cans under the 12 -MGD R.O. Expansion project. The original contract drawings for the previous 8 -MGD R.O. Expansion showed that the top of the RCP sleeve would terminate at the mid -point of the building slab thickness to allow pump anchors to be drilled into the top half of the structural slab with adequate edge distance between the edge of the pump anchors and the edge of structural concrete. The RCP sleeves were actually installed with the top of each sleeve flush with the top of the floor slab. As installed, and given the bolt pattem for the pump can base plate, there was not adequate edge distance between Revised 1015105 14. Agenda Item No. 16E7Q e February 13, 2007 Page 38 of 49 CONTRACT/WORK ORDER MODIFICATION . CHECKLIST FORM PROJECT NAME: SCRWTP 12 -MGD Reverse Osmosis Expansion PROJECT #: 05 -3879 BID/RFP #: 05 -3879 MOD #: 02 -06 PO#: 4500054770 WORK ORDER #: N/A DEPARTMENT: Public Utilities CONTRACTOR/FIRM NAME: The Poole and Kent Company Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: $ 24,373,000-00 — (Starting Point) $ 24-373.000-00 (Last Total Amount Approved by the BCC) (Including All Changes Prior To This M�o7 `fi'cation) � $ 431-t A-9A �J 7 (Including This Change Order Cumulative Dollar Value of Changes to this Contract/Work Order: Date of Last BCC Approval 10/11/2005 Agenda Item # 10G Percentage of the change over /under current contract amount —1-16% Formula: (Revised Amount / Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to 8CC by the purchasing department. CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval Is required. If in doubt, contact your contract speciarist. For more specific informalion regarding work order thresholds, please refer to the Procurement Administration Procedures, Section WAA. CURRENT COMPLETION DATE (S): SUBSTANTIAL COMPLETION NO. 1: ORIGINAL: 01/24/2007 CURRENT: 01/24/2007 SUBSTANTIAL COMPLETION NO. 2: ORIGINAL: 07/13/2007 CURRENT: 07/13/2007 FINAL COMPLETION: ORIGINAL: 08/12/2007 CURRENT: 08/12/2007 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Materials only for the extension of the 36 -inch Finished Water pipeline from the northwest comer of the SCRWTP site to the point of connection to the existing 36 -inch diameter water main near County Road 951. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The 36 -inch finished water main is designed to convey treated water from new High Service Pump Station No. 2 to the County's water distribution system. At the time the project was issued for bidding, the County was still negotiating easements for the portion of the finished water piping from the SCRWTP boundary to the point -of- connection near County Road 951. For that reason, an allowance account was included in the contract under Bid Schedule Item No. 6 (Installation of 36 -Inch Finished Water Pipeline from SCRWTP Boundary to and including point of connection to Existing Finished Water Main in County Road 951). Easements have since been obtained from FPL and the owner of the City Gate PUD. The proposed cost of $143,110.00 for materials (piping and valves) has been reviewed by the Engineer and found to be fair and reasonable. The amount for materials exceeds the $100,000.00 contract allowance account due to significant market escalation in materials pricing since the time the project was initially bid. Revised 10/5/05 Agenda Item No. 1E3E7 February 13, 2007 Page 39 of 49 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: SCRWTP 12 -MGD Reverse Osmosis Expansion PROJECT #: 05 -3879 BID /RFP #: 05 -3879 MOD #: 02 -07 PO#: 4500054770 WORK ORDER #: N/A DEPARTMENT: Public Utilities CONTRACTOR/FIRM NAME:—The Poole and Kent Company Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: S 2437300000 (Starting Point) $ 24 373,000.00 (Last Total Amount Approved by the BCC) $_ 24.656.850.00 (Including All Changes Prior To This Modification) $_ 24636r,$55: 2L/ (Including This Change Order) / oe Cumulative Dollar Value of Changes to this Contract/Work Order: Date of Last BCC Approval_10 /1112005 Agenda Item # 10G Percentage of the change over /under current contract amount 1.16 % Formula: (Revised Amount / Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount then BCC approval is required; equal to or less than 10% - reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior 8CC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If In doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S): ciIMCI- rA•IT!Af - ____ SUBSTANTIAL COMPLETION NO. 1A: ORIGINAL: 01/24/2007 01/31/2007 SUBSTANTIAL COMPLETION NO. 1B: ORIGINAL: 01/24/2007 _CURRENT: CURRENT: 02/23/2007 SUBSTANTIAL COMPLETION NO. 2: ORIGINAL: 07/13/2007 CURRENT: 07/13/2007 FINAL COMPLETION: ORIGINAL: 08/1212007 CURRENT: 0-8/1212007 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. I. This item subdivides Substantial Completion No. i into Substantial Completion No. "1A" and Substantial Completion No. '113'. Each of the subdivided Substantial Completions Nos. 1A and 1113 are defined as follows: A. Substantial Completion No. "1A" shall consist of the following, complete and tested facilities: 1_ All four (4) new Cartridge Filters and ancillary items related to conditioned water feed to new RO Skids. 2. At least two (2) of the six (6) new RO Skids, and all ancillary items required to produce 4.0 MGD of the project's expanded RO production capacity. 3. All new R.O. Degasifiers, Odor Control Facility and ancillary items. 4. Transfer Pump No. 5 5. High Service Pump Station No. 2, including VFD's, piping, metering and all ancillary items Revised 1015105 Agenda Item No. 16E7 February 13, 2007 q Page 40 of 49 J S. All structural, mechanical, electrical, instrumentation, HVAC and miscellaneous work related to Items "1" through "5" above. 7. All work originally required for Original Substantial Completion No. 1 except that explicitly referenced in Substantial Completion "1 B" below. B. Substantial Completion No. "1 B" shall consist of the following, complete and tested facilities: 1. The remaining four (4) new RO skids and all ancillary items required to produce the entire 12.0 MGD expansion of RO production capacity. 11. In addition, this item grants additional time to Substantial Completion Nos. 1A and 1B as follows and as shown in Attachment "A" (Contract Time Summary) to this Change Order No. 2: A. Seven (7) calendar days of additional time granted for Substantial Completion No. 1A. B. Thirty (30) calendar days of additional time granted for Substantial Completion No. 1 B. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? I. Substantial Completion No. 1 was subdivided into Substantial Completion Dates Nos. 1A and 1B to align completion dates with (a) the timing required to deliver necessary additional RO production capacity for the Year 2006/2007 high - demand season; and (b) with projected availability of corresponding new raw water from which to produce additional RO permeate. A. Substantial Completion No. 1A: According to Public Utilities, at least 4.0 MGD of additional RO capacity is required by February 1, 2007 to meet projected Year 200612007 high season demand curves. The additional 4.0 MGD of RO capacity can be met by two of the six new RO skids under this project and the corresponding downstream post - treatment, transfer pumping and high service pumping facilities to be constructed under this 12 -MGD RO Expansion. B_ Substantial Completion No. 1113: The remaining 8.0 MGD of RO capacity is required to allow the SCRWTP to supply long -term demands, as well as to meet short -term demands with maximum reliability. 11. Additional time was granted for the following reasons: C. Substantial Completion No. 1A: Seven (7) calendar days of additional time was granted to perform remedial work to the R.O. feed pump foundations for R.O. Treatment Skids Nos. 5 through .10. The remedial work restored the existing slab and sleeve configuration to that shown on the original 8 -MGD R.O. Expansion drawings and provided the required conditions for new pump can anchorage. This work was due to unforeseen conditions, since the existing pump can foundations were not constructed as shown on available record drawings. Monetary compensation for the additional work was included in Change Order Item No. 02 -05. D. Substantial Completion No. 1B: Thirty (30) calendar days of additional time was granted to compensate for delays in deliveries of equipment from manufacturers of the RO Feed Pumps and the RO Energy Recovery Turbine Pumps, both of which were single- sourced by the County /Engineer in the Contract Documents_ Revised i 0 /5105 Agenda Item No. 13E7 -1 February 13, 2007 Page 41 of 49 PARTIES CONTACTED REGARDING THE CHANGE: PLIED Proiect Manager. SCRWTP Plant Manac Purchasing Contract Specialist Contractor Engineering Consultant IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) Proposed change is consistent with the scope of the existing agreement _ Proposed change is in fact an addition or deletion to the existing scope — Change is being implemented in a manner consistent with the existing agreement _ The appropriate parties have been consulted regarding the change _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MAN ME N: This form is to be signed and dated. APPROVE Date: Z Z0 Projec a ger REVIEWED BY: Date: Can Tali Revised 1015105 Agenda Item No. 16E7 CONTRACTIWORK ORDER MODIFICATION February 42 2047 Page 42 of 49 CHECKLIST FORM PROJECT NAME: Fleet Facility PROJECT #: 52009 BID /RFP #: 02 -3422 MOD #: 16 PO #: 4500048657 WORK ORDER #: n/a DEPARTMENT: Facilities Management (F,;, • 'D, Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Contract/Work Order Amount: (Starting Point) $883,109.73 (Last Total Amount Approved by the BCC) $883,109.73 (Including All Changes Prior To This Modification) ($7,524.85) $$75,584.88 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $375,584.88 Percentage of the change over /under current contract amount: -0.85% Formula: (Current Amount / Last BCC approved am( Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. Date of Last BCC Approval November 14, 2006 Agenda Item # 16.E.5 CURRENT COMPLETION DATE (S):ORIGINAL: 5/5/05 CURRENT: 11/8/07 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. The changes to incorporate the Collier Area Transit (CAT) function into the project have been completed with remaining balances.- 10 JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Since the CAT function will no longer be part of this project this change is to recapture the CAT. PARTIES CONTACTED REGARDING THE CHANGE: Purchasing: Linda Best. Facilities: Becky Erickson IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N /A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECO APPROVE BY: n REVIEWED Revised 4/25/2005 IMENDATION: This form is to be signed and dated. Date: O / _ Date: 5 0-7 ist .Agenda Item No. 167 _ February 13, 2007 Page 43 of 49 1 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: US 41 North Roadway Lighting from Pine Ridge to Myrtle PROJECT #: 412646 -1 SlfllRFP # 06-3844 MC}D, #: 1 PO#:_ OOf16735_ WORK ORDER NIA DEPARTMENT: Traffic t399rations _ CONTRACTORIFiRM NAME: Kent Technologies Original Contract Amount: $ 462,131.79 (Starting Point) Current BCC Approved Amount: $ 0 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 4$2,131.79 (Including All Changes Prior To This Modification), Change Amount: $3,901.50. Revised Contract1work Order Amount: S 466,433.29 (Including This Change Order) Cumulative I}ollar Value of-, tinges to this Co ntractJWork Outer: S 3,901.50 Date of Last BCC Approval _NIA Agenda Item I# NIA Percentage of the change aver /under current contract amount 1.01 �°�o For mu €a: (Revised Ainount 1 Last BCC approved amount) -1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then SCC approval is required; equal tour less than 100/6 reported to BCC by the purchasing department CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC adMinistrath+ely. Changers to these work orders that exceed those thresholds require prior; BCC approval. NON-CCHA Work Orders: If the change exceeds 10% of the Current BCC amount, then BCC approval is required. If in doubt - oontact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Adgunistration Procedures, Section IV,34.' CURRENT COMPLETION DATE (S):ORIGINAL: November 3. 2006 CURRENT: Januafy 22. 2407 SUMMARY OF PROPOSED CHANGE (S): Identify the changes.: Installation of Floratam Sod on the West Side of US 41 from Station 96+40 North o Station 175 +80 all to be along the existing Floratam for Pelican Bay instead of the Bahia Sort Item FDOT 57,55-1 � railed for in the 05 -3844 Sid Schedule on page GC -P -2 of the Contract Documents at . $24,117.20. Final as -buiii rivantities for FOOT Items 104 --10 -1 and 104 -13- -1 totaling $18,375.00 shall be deducted due tq "glut being used'oh the project ' and FDOT Item 121 -70 quantities are adjusted from 61 CY to 50;GY for a decreased Vment o-$2.206,00. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? This charge vAll provide fcr the replacement of damn ed Floratam Grass caused by the conduit trenching to be restored with matching Floratam Grass instead of Bahia as catled for in the project Biel St hedule per � ^nT:� °^ ' "' M....`,._..L.__ of:Trench Areas. and reduction of the contract amount due to final as -built quantities. PARTIES CONTACTED REGARDING THE CHANGE: Larry Cuccia, Kent Technologies; Barbara LaPierre Collier, County: IMPLEMENTATION STEPS =(Verify each before proceeding with change using Y, N or NIA) _x Proposed change is consistent with the scope of the existing agreement _x! Proposed change is in fact an addition or deletion to the existing scope x_ Change is being implemented in a manner consistent with the existing agreement _x> The appropriate parties have been consulted regarding the change _x Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGE p MENDATI : This form Is to be signed and dated. APPROVE BY: Date. n iller, j pager REVIEWED BY: ate, o tract Specialist Rhonda (Cummings and Agenda Item No. 15E7 February 13, 2007 CONTRACTIWORK ORDER MODIFICATION Page 44 of 49 CHECKLIST FORM PROJECT NAME: North County Regional Water Treatment Plant Appurtenances for PROJECT #: 71051 for Lower Hawthorn Wells RO -18N RO -19N & RO -20N Pumping and Transmission Facilities BID /RFP #: 05 -3756 MOD #: 4 PO #: 4500056472 WORK ORDER #: NIA DEPARTMENT: Public Utilities En inq eering Department CONTRACTOR/FIRM NAME: Mitchell & Stark Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: $ 5.156,000.00__ (Starting Point) aao. ad (Last Total Amount Approved by the BCC) 63 $ 5,453.561.88' (including All Changes Prior To This Modification) Change Amount: $ + "", l C�Q� o v2� • ��' Revised Contract/Work Order Amount: $ (including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 4885 9°9g 3 �jo . ro Date of Last BCC Approval: April 12, 2005 Agenda Item # or 16 C15 Percentage of the change over /under current contract amount3 -iB- % q. 2-F lb .—Formula: (Revised Amount / Last BCC approved amount) -1 ,<esults and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval Is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S): ORIGINAL: February 8, 2007 CURRENT: August 7. 2007 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. The proposed changes are to modify the pump assemblies to match conditions encountered in the field and to upgrade the air / vacuum relief valves to comply with updated County Utility Standards JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project ?The benefit of the proposed changes are to allow more efficient operation of wells and to comply with current day standards. See attached pay and time summary for supporting documentation PARTIES CONTACTED REGARDING THE CHANGE: The contacted include the contractor (Mitchell and Stark Construction Company) the engineer (Hazen and Sawyer P.C.), and the owner (Collier County Government) and the proiect team. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N /A) Proposed change is consistent with the scope of the existing agreement Proposed change is in fact an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement _ The appropriate parties have been consulted regarding the change J Proposed prices, fees and costs set forth in the change are reasonable Revised 10.24.2006 , .k Agenda Item No. 16E7 February 13, 2007 Q Page 45 of 49 CONSULTING ENGINEER'S RECOMMENDATION: This form is to be signed and dated. RECOMMENDED BY: , Date: Consu tanYs Rep ve — Hazen and Sawyer, P.C. PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated. APPROVED BY: E441� Date: t Project Manager Date: REVIEWED BY: �Q Co eciaHst Agenda Item No. 16E7 / February 13, 2007 Pic e 4�i81fo�tl�1 CONTRACT! WORK ORDER MODIFICATION CHECKLIST FORM North County Regional Water Treatment Plant Appurtenances for Lower Hawthorn PROJECT NAME: Wells RO -18N RO -19N and RO -20N Pumping and Transmission Facilities 4er3- PROJECT #: .id GA& -AB7- BID f RFP M. 05-3756 MOD M 3 P.O. #: 4500056472 CHANGE ORDER M 3 DEPARTMENT: Collier County Public Utilities Department COUNTY PROJECT #: 710061 Original Contact Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised Contract! Work Order Amount: Dollar Value of Changes to this Contract / Work Order: $ 5,156,000.00 (Starting Point) $ es- (Last Total Amount Approved by the BCC) $ 5,412,475.63 (Including All Changes Prior to This Modification) $ 41, 086.00 $ 5,453,561.63 (Including this Change Order) v2,9 $ 6#J3'3B ft3'S Date of Last BCC Approval 12- Apr -05 Agenda Item # 16 C 15 PARTIES CONTRACTED REGARDING THE CHANGE: Collier County, Mitchell & Stark Constr. Co. & Hazen and Sawyer Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approvalis required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders For all work orders that exceed $90,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Departmentto the BCC adm inistra tively.Ch angers to these work orders that exceed those thresholds require prior BCC approval. NON- CCNAWork Orders: If the change exceeds 10% of the currentBCC amount, then BCC approvalis required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the ProcurementAdministration Procedures, Section IV.3.d. a•7? Percentage of the change order f under current contract amount CURRENT COMPLETION DATE(S): Notice to Proceed: 15- Dec -05 SUBSTANTIAL COMPLETION: ORIGINAL: 13- Jul-06 CURRENT: 9- Jan-07 FINAL COMPLETION: ORIGINAL: 12- Aug -06 CURRENT: 8- Feb} -07 2006 11 -01 Change Order 3 M &S.xls 1 cf 2 Agenda Item No. 16-E7 . February 13; 2007 ` Pig, 4Z18io �1 CONTRACT 1 WORK ORDER MODIFICATION CHECKLIST FORM SUMMARY OF PROPOSED CHANGE(S). Identify the changes. Bids for the referenced project were receivedbythe County on December 16, 2004 and the projectwas scheduledto Comm en ce shortly after BCC approval on April 12, 2005. A previous Change Order extendedthe project duration to allow the County to pursue SRF funding and a SFWMD grant to fund this project, and for delays by the Building Department in the issuance of a Building Permit. This Change Order has been preparelto account for delays in service by FPL and for installationof an irrigation system. The Change Order requestan increase of 120 calendardays as per FPL and for a price increase of $41,086.00 (0.76 %) for an irrigation system as requested by CDES. Detailed correspondence supporting these requests are attached. JUSTIFICATION FOR CHANGE(S): What value or benefit do these changes provide to the project? This Change Order request addresses actual service dates by FPL which have extended the project by 120 calendar days. In addition, the cost for an irrigation system as requested by CDES is included. This Change Order requests $41,086.00 for the irrigatoin system and an additional 120 days to accommodate FPL service dates. The cost and time extension have merit and appear reasonable. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N, or NIA) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being Implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable CONSULTING ENGINEER'S REECOMMENDATION: This form is to be signed and dated. RECOMMENDED BY: Co lfingEngineer - A er uniz, P.E. / Hazen and Sawyer PROJECT MANAGER RECOMMENDATION: This Pr o i red and dated. RECOMMENDED BY: VV-1 Project Manager - H. Peter SchalltPMP% REVIEWED BY: Date: Il-1-06 Date: ({ OK Date: l Q o" 2006 11-01 Change Order 3 M &S.xls 2 of 2 Agenda Item No. 16E7 February 13, 2007 CONTRACTIWORK ORDER MODIFICATION Page 48 of 49 CHECKLIST FORM PROJECT NAME: Emergency Medical Services (EMS) Facility 75 PROJECT #: 52007 -1 BID /RFP #: 04 -3709 MOD #: 5 PO #: 4500039673 WORK ORDER #: N/A DEPARTMENT: Facilities Mananement CONTRACTOR/FIRM NAME: Brooks 8R Freund LLC Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: $ 942.430.00 (Starting Point) $1,195,608.59 (Last Total Amount Approved by the BCC) $ X53,919.90 (Including All Changes Prior To This Modification) S (5,326.801 Revised Contraet(Work Order Amount: $1,248,592.10 (Including This Change order) Cumulative Dollar Value of Changes to this Coutract(Work Order: $ 306,162.10 Date of Last BCC Aovroval 9/144004 Agenda Item # 16 E 4 Percentage of the change over /under current contract amount 4.43% Formula (Revised Amount / Last BCC approved amount) -1 /4 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work orders: For all work orders that exceed $90,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require priprj,BCC approval. NON-=HA Work orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubti'cltact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement kdrninistration Procedures, Section W.M. CURRENT COMPLETION DATE (S): ORIGINAL: March 1, 2006 CURRENT: November 30, 2006 SUMMARY OF PROPOSED CHANGE (S)• Identify the changes Provide additional landscaping and - - -- - -- - - -- -,... . .. — —.-- _1J -1s— .+M .~%dr 4M. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Owner Requested chanaes and Permit revision changes Active negotiations between the County and the Contractor have resulted in a deductive change order. PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell, Linda Jackson Best IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent With the scope. of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGE RECOMMENDATI • This form is to be signed and dated. —APPROVE BY: Date: 0204-7 oje na er REVIEWED BY- Date: Z Co r pecia . t Revised 3/29106 Agenda Item No. 15E7 15- CONTRACT/WORK ORDER MODIFICATION February 49 2047 Page 49 of 49 CHECKLIST FORM PROJECT NAME: Collier Blvd., Golden Gate Blvd to Immokalee Rd PROJECT#: 65061 BID/RFP #: 064MIR MOD #:1 PO#: 4600069263 WORK ORDER #: CONTRACTOR/FIRM Original Contract Amount: Current BCC Approved Amount: Current Contract Amount. Change Amount: Revised Contract/Work Order Amount: $ 40.656.620.32 (Starting Point) $ 40.656.620.32 (Last Total Amount Approved by the BCC) S 40.556.620.32 (Including All Changes Prior To This Modification) $ 0.00 $ 40.556.620.32 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractlWork Order: $ 0.00 Date of Last BCC Approval July 25 2006 Agenda Item # 10,11 Percentage of the change over /under current contract amount 0.00 % Formula: (Revised Amount 1 Last BCC approved amount )-1 Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10% reported to BCC by the purchasing department CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC approval. NON -CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: April 12 2009 CURRENT: April 12 2009 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Add a tine item for 20" steel casino JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? This casing was shown in the plans but there was no pay Item in the Bid PARTIES CONTACTED REGARDING THE CHANGE: Better Roads Inc Johnson Engineering CH2MHILL ImPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) „aLr Proposed change is consistent with the scope of the existing agreement ,Proposed change is in fact an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement _4c The appropriate parties have been consulted regarding the change -;:�'roposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATIO10Jbis form is to be signed and dated. APPROVE BY: / , �'G P ana REVIEWED BY: Date: 1� Agenda Item No. 16F1 February 13, 2007 Page 1 of 6 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of February 13, 2007 Library Grants (129) Budget Amendment #07 -162 Operating, Expenses Library Grants ($8,584) Revenue Aid to Library Revenue ($8,584 ) Total -0 Explanation: State Legislature reduced the allocation for State Aid Libraries 2007 by $8,584.00 Road Gas Tax Fund (312) Budget Amendment #07 -185 Operating Expenses Transportation $2,900 Reserves Reserve for Contingencies ($,-),900) Total -0- Explanation: A previous budget amendment was approved for $2,900 to move money out of the engineering operating to capital to upgrade an approved vehicle to a four wheel drive. This previous budget amendment SHOULD HAVE reduced reserves instead of reducing the operating budget. Therefore we are requesting to move $2,900 out of reserves into the engineering cost center. A Field Engineering Inspector position which was in TECM design will be reassigned to our construction section which requires the use of a laptop computer out in the field. IT will not replace the desktop computer therefore we need to purchase the laptop in the amount of $1,680. Therefore we would like to allocate the $2,900 coming from reserves to $1,680 in capital to purchase the laptop, and the balance of $1,220 to go to operating. Prepared by: Barbetta Hutchinson, Executive Secretary, OMB Page 1 of 1 BUDGET AMENDMENT REQUEST For Budget(Fior U ly BA #....... 0.I...:.�J.... JE# ................................. BAR# .............................. A.P.H. Date ....................... Fund Number 312 Fund Description Road Gas Tax Date Prepared: 02/05/07 Approved by BCC on: Fund Center Title: WBS Element Title: Attach Executive Summary Item No.: Expense Budget Detail Trans Eng/Const Fd Ctr No.:, WBS No.: Agenda Item No. 16F1 nbrruyarry 3, 2007 e 2 of 6 163615 Fund rum Center WBS ur o Element VIVO Mill Commit Item Commitment Item Deseri tion Increase (Decrease) Current Budget Revised Bud et 163615 764900 Data Processing Equip 1,680 0 1,680 163615 654360 Other Training Ed 1,220 17,100 18,320 rtes %,range to ouaget Expense Budget Detail Fund Center Title: Reserves WBS Element Title: Fd Ctr No.: 919010 WBS No.: tiunuv Ulu rwu Fund Center WBS Element Commit Item - Commitment Item Description -- Increase (Decrease) Current Bud et Revised Bud et 919010 991000 Reserves from Contigency (2,900) 56,350 53,450 Net unange to tsuaget tz,yvyj Expense Budget Detail Fund Center Title: WBS Element Title: .mot__ . {. .rA • -M. fi-k 1 Fd Ctr No.: WBS No.: Fund Center WBS Element Commit Item Commitment Item Description Increase ecrease Current Budget Revised Budget Net change to lsuaget W Agenda Item No. 161=1 F=ebruary 13. 2007 ?age 3 of 6 Revenue Budget Detail Fund Center Title: Fd Ctr No.: WBS Element Title: WBS No.: (Provide the Fwd Center or WSS element infnr nti— it it e nno rernu.. to Fund Center WBS Element Commit Item - - - - -- _ - -----° Commitment Item Descri tion Increase Current Budget Revised Bud et Finance Department: Clerk of Board Admin.: _(Decrease) Input b : B.A. No.: ltiet Uhange to Budget EXPLANATION Why are funds needed? A previous budget amendment was approved for S 2,900.00 to move money out of the engineering operating to capital to upgrade an approved vehicle to a four wheel drive. This previous budget amendment SHOULD HAVE reduced reserves instead of reducing the operating budget. Therefore we are requesting to move S 2,900.00 out of reserves into the engineering cost center. A Field Engineering Inspector position which was in TECM design will be reassigned to our construction section which requires the use of a laptop computer out in the field. IT will not replace the desktop computer therefore we need to purchase the laptop in the amount of S 1,680.00. Therefore we would like to allocate the 2,900.00 coming from reserves to 1,680.00 in capital to purchase the laptop, and the balance of S 1,220.00 to go to operating. Where are funds available? Funds are available in Gas Tax Reserves. REVIEW PROCESS Cost Center Director: DATE .71S-167 Division Administrator: Budget Department Agency Manager: Finance Department: Clerk of Board Admin.: Input b : B.A. No.: GJ� Ager4a Item No. 16F1 T , 2007 e40 Page 4 of 6 BUDGET AMENDMENT REQUEST For Budget/F' cc Ul ilnly BA#.......�J • /..... ........ .. ) E# . ............................... BAR # .............................. A.P.H. Date ....................... 129 LIBRARY GRANTS Fund Number Fund Description Date Prepared: 12/19/06 Approved by BCC on: Attach Executive Summary Item No.: Expense Budget Detail Fund Center Title: Library Admin Grant WBS Element Title: State Aid to Libraries 2007 Fd Ctr No.: 156112 WBS No.: 450251 Yrovtae me runu Fund Center •,czna ui vrno WBS Element cwu— nuuawa,+,, Commit Item ...� ...... .......• •., •.. •. -_ Commitment Item Description ___... Increase (Decrease),..._ Current Budget Revised Budget 156112 450251 766100 Books, Pub, Lib. (8,584) 125,000 116,416 Net Change to Budget Revenue Budget Detail Fund Center Title: L1 b r4ry -_ /9dMio j �,rjj f' Fd Ctr No.: 15 (,, /1 a.- WBS Element Title: WBS No.. ti4500 51 .: A- t L...1., r--, .,,, ..„,............,. Fund Center — WBS Element ....... ........_.._.., Commit Item ..._ ..- - - -- - - Commitment Item Description Increase Decrease Current Budget Revised Budget 15&11.1_ 5o>51 3301a %d �9 4-i r,01:es ( ?, 5-N 315q xo 31 /_ Net Change to Budget ( T, wlt � EXPLANATION Why are funds needed? State Legislature reduced the allocation for State Aid to Libraries 2007 b3,$ F, Where are funds available? N/A Aaenua Item No, 16F1 February 13, 2007 Page 5 of 6 REVIEW PROCESS Cost Center Director: �' i DATE Division Administrator: ! o Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: Agenda Item No. 161`1 February 13. 1007 Page 6 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 161`1 Item Summary: A..ppmve Budget Amendrnents Meeting Date: :111! 3/21-07 9.90.00 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 216/2007 1:24 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 2/612007 4:03 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 21612007 4:14 PM Commissioners Agenda Item No. 16F2 ,February 13, 2007 Page 1 of 20 EXECUTIVE SUMMARY Recommendation to approve the submittal of the attached Emergency Management, Preparedness and Assistance (EMPA) Trust Fund Project Application to the Florida Department of Community Affairs in.the amount of $68,440. OBJECTIVE: To approve a grant application aimed at supplementing the funding necessary for the Radio tower trailer system supporting the deployable multi - agency communications and coordination system. CONSIDERATIONS: Each year the Florida Department of Community Affairs, through its Department of Emergency Management, holds a competitive grant opportunity for projects which further state and local emergency management objectives. Applications must meet one of the four priority areas outlined in the Notice of Funding Availability (public education, coordinate emergency relief efforts, improve training and operations and /or projects which address community emergency preparedness), and be for $200,000 or less, in requested funding. The planned Radio tower trailer system, which supports the deployable multi - agency communications and coordination system, meets several of these grant criteria and is considered a good candidate project for funding. FISCAL IMPACT: There is no fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: To approve the submittal of the EMPA Competitive Grant Application to the Florida Department of Community Affairs in the amount of $68,440 and to authorize the County Manager, or designee, to submit the subsequent grant application for funding. PREPARED BY: Christine Chase, Sr. Administrative Assistant, Emergency Management Agenda Item No. 16F2 February 13. 2007 Page 2 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 161`2 Item Summary: Recommendatmn to approve the suomittai of the attached Emergencv Management. Preparedness aria Assistance IEMPA; Trust FUnC Project Application lc the Ftoriaa Department of Community Affairs in the amount of 863.440 Meeting Date: 211 312007 9 -00 00 A.M Prepared By Christine Chase Senior Administrative Assistant Date County Manager's Office Emergency Management 11291200711:03:12 AM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 112912007 4:22 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 211/2007 10:41 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 271/2007 4:21 PM Approved By Michael Smyk —ski Management & Budget Director Date County Manager's Office Office of Management & Budget 212,12007 8:31 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 21212007 12:34 PM Commissioners Agenda item No. 16F2 ebruary 13, 2007 Page O-0f20 V ' FY 2007 EMPA Trust Fund Project Application Radio -Tower Trailer System supporting the Deployable Multi - Agency Communications and Coordination System i Table of Contents I — Title Page II — Project Narrative III — Proposed Budget IV — Project Detail/Scope V — Estimate of Line -Item Cost 2 Agenda item No. 16F2 February 13, 2007 Page 4 of 20 Agenda Item No, 16F2 FLORIDA DIVISION OF EMERGENCY MANAGEMENT February 13. 2007 EMPA COMPETITIVE GRANT APPLICATION Page 5 of 20 1 - TITLE PAGE TITLE OF PROJECT:_ Radio -Tower Trailer System Supporting Multi- Agency Communications & Coordination Vehicle AMOUNT REQUESTED FROM STATE $ - & ?J LtW ' CC; AMOUNT MATCHING FUNDS COMMITTED $ -0.00- CASH S-28,700.00 IN -HIND This is an application for a competitive grant under (indicate ONLY one): X 1) Emergency Management Competitive Grant Program, or 2) Municipal Competitive Grant Program The application is submitted for consideration in the following category (select ONLY one): 1) A project that will promote public education on disaster preparedness and recovery issues. 2)"A project that will enhance coordination of relief efforts of statewide private sector organizations, including public - private business partnerships. 3) A project that will improve the training and operations capabilities of agencies assigned lead or support responsibilities in the State Comprehensive Emergency Management Plan. X 4) A project that will otherwise further state and local emergency management priorities identified in the Notice of Fund Availability. APPLICANT INFORMATION: Name of Organization: Collier County Emergency Manaeement Address of Organization: 3301 Tamiami Tr. E. Building F /Suite 103 Naples, FL 34112 E -mail address of Organization: EmergManafollierGov.net Name of Chief Elected Official: Mr. James N. Coletta Chairman of BCC Name of Chief Administrative Officer: Mr. Jim Mudd, County Manager Name of Applicant Contact: Rick Zyvoloski Title of Applicant Contact: Emergency Management Coordinator Telephone Number of Applicant Contact: 239.774.8000 E -mail address of Applicant Contact: RichardZyvoloski (a�CollierGov.net Federal Employee Identification (FEID) Number: 59- 6000558 AUTHORIZED SIGNATURE Signature: Title: Chairman, Collier County Board of County Commissioners If delegation of signature authority is submitted with this application, attach it to this page. 3 Emergency Management Competitive Grant Program (GenR APa Item No. 16172 I I - Project Narrative FebruP ge 6 o0076 1. The Emergency Management Need: In most every disaster communications and communication interoperability are areas that require improvements. Collier County is a signatory to the Statewide Mutual Aid Agreement. Additionally, Collier County's size is over 2,000 square miles, comparable to several counties in a lot of areas, combined. So, in day -to -day disaster preparations for a catastrophic disaster in Collier County, we, coincidentally, are also maintaining our capability to fully support other jurisdictions when called upon by the Governor. Collier County has invested over $300,000 in a Multi- Agency Communications and Coordination (MACC) vehicle and nearly $29, 000 in a tow -unit should we choose to deploy the radio -tower trailer system separately, or as an event escalates. The MACC vehicle with radio and satellite communications as well as the ACU -1000, a system that makes radios interoperable, is as good as the range of the installed antennae. Approving of this grant for a radio -tower trailer system will allow us to complement and greatly enhance our MACC's capabilities to communicate at greater distances and thereby potentially expanding its mission capability. See attachment 1 for extracts from the Florida Statute citing responsibilities as well as the extracts from the Emergency Management Assistance Compact After - Action Report for the 2004 Hurricane Season. 2. Immediate Benefits (Short - term /Long- term): The MACC was purchased with the future requirements and changes in technology in mind. The communications technology components are "modular" and designed to facilitate re- wiring for easy upgrades. The range attained by the installed (roof - mounted) antennae for communications equipment dictates the mission capability of the MACC. By adding the radio -tower trailer system to the MACC, we've added greatly increased ranges for the variety of radios for which the antenna is tuned. By being able to communicate and collaborate with a wider audience, the mission capability for the Incident Command -only vehicle now has transformed the asset to an Area Command capable unit. So essentially, by the addition of a radio -tower trailer system to the MACC, we've transformed a Type IV communications asset to something approximating a Type I asset, less the encryption communications gear. However, if the user possesses the encryption equipment, this trailer unit could be used to elevate it's antenna for greater distances. (See attachment 2, FEMA 508 -2 Typed Resource Definitions). With the accessories described in the title page, the monies spent for the Trailer Tower Unit, will allow all- weather communications maintenance and secure supply storage. Additionally, by virtue of it being a separate towable tower unit, if our primary MACC vehicle goes down for maintenance, or if a requesting agency only needs the tower unit, this unit can be independently deployed. Since it is only a communications platform, there are no foreseeable limits for future applications. It would stand ready to accept any and all communications components with little to no trouble. 3. Consistency with the State CEMP: As the State of Florida is a signatory to the National Emergency ManagerrAWA,da item No. 16F2 Assistance Compact (EMAC) and Collier County is a signatory to the StatewicTa►UtUdr, 2007 Aid Agreement (SMAA), addition of this asset to Collier County's inventory also aAd -,7 of 20 the State's arsenal of assets available for deployment. The primary goal of emergency management in the State of Florida is to ensure the State's preparation to respond to, recover from, and mitigate the impact of the many consequences that may be generated by an emergency /disaster situation. To accomplish this goal, the State of Florida uses a "closest appropriate responder" concept (likely to be a county, the State, or nationally available resources) when responding to any threat, event, or disaster. Fla. CEMP, Basic N, A. 4. Alternative Project/Why this Approach Chosen: The radio -tower trailer system is a natural consequence to improve an already great asset that can support disaster operations. Without the radio -tower trailer system, the MACC capabilities are limited. With the tower system, the mission of the MACC can be expanded because of the increased communications range. Prior to the purchase of this MACC, Collier County had a mobile command /communications vehicle that had a radio tower system affixed to its roof and thereby limited its availability to the operational status of its complex mechanical host to which it was attached. Additionally accessories for the tower system were limited to space on the host vehicle. A separate radio -tower trailer system is less mechanically complex and can house tower - specific accessories readily. These advantages make the unit always available for quick deployment and ready on -scene employment. Budget is attached at Section N 5. Matching Funds: The Collier County Emergency Management purchased an F -250 utility vehicle for $28,691 to support emergency operations of the Emergency Management Department. Having this separate vehicle gives us the capability to deploy our radio -tower system separate from the MACC vehicle, should the requirements dictate. See attachment 3 - Vehicle Invoice 6. Tiebreaker a. No, the applicant has not been impacted by an environmental clean -up initiative.\ b. No, the applicant is not a Front Porch Community. 6. FLORIDA DIVISION OF EMERGENCY MANAGEMENT EMPA COMPETITIVE GRANT APPLICATION Iii - Proposed Budget Agenda Item No. 16172 February 13, ?007 Page 8 of 20 EXPENDITURE CATEGORIES Cash Match A In -kind Services Match B Total Grantee Cost A +B=C EMPA Award D Total Project Cost C +D =E 1. SALARY AND BENEFITS 2. OTHER PERSONAL / CONTRACTUAL SERVICES 3. ADMINISTRATIVE EXPENSES 4. EXPENSES RNA* ivs'c440 5. OPERATING CAPITAL OUTLAY 6. FIXED CAPITAL OUTLAY $28,700 $28,700 $28,700 TOTAL EXPENDITURES t07,14140 q r) 1 I PERCENTAGES A% -$0- B% 29% C% D% 29% 71% 100% Narrative Explanation & Justification of Line Items: The $28,700 (Fixed Capital Outlay) represents the motorized capability (F -250 Ford Pick Up Truck) for the radio -tower trailer system. The $69,000 represents the cost of the dual -axle trailer, the radio tower system and its components, portable electric power generators, an environmentally controlled equipment suite shelter, lighting, accessories for the trailer, e.g., spare tire and wiring, accessories for the shelter, e.g., flooring material, electrical outlets, locking hardware, etc. The line -item cost summary is contained in attachment 4. 1561 Agenda Item Igo. 16F2 February 13, 2007 Page 9 of 20 IV - Project Detail/Scope The following components make up the radio -tower system depicted in the photo, below: • Galvanized dual axle heavy duty trailer, 4 wheel electric brakes Shelter painted white and exterior dimensions 144 "L x 96 "W x 93.75 "H with 75' extra heavy duty aluminum crankup tower and #684 -L aluminum storage box • Assembled guy kit consisting of 3 sets (total 9 guy cable assemblies) of premade galvanized guys with storage pouch Temporary anchor kit consisting of (3) 88DB1 Duck Bill anchors, a set of • (3)ABCD -375 guy attachment plates and a (DS -88) drive steel Duck Bill ground anchor installation kit • Dual Obstruction Light Kit with 100' cord • 12V DC Electric winch with control cable and cover • 12 VDC Battery Pack $300.00 • Spare tire mounted & locked Trailer coupler lock • Dual 12V work lights on trailer with shelters & includes canvas cover • Co -ax reel, aluminum capacity 300' of 5/8" coax • Two 13,500 BTU A/C and Heat (RV type) • Single 110 port Roxtek • Two 120V 500 Watt Floodlight with 5' Telescoping pole • Telephone inlet and modular plug in shelter • Additional 20 amp twist lock electrical outlet in ceiling 12 KW generator complete, diesel fueled /24 hr tank with enclosure and electronic govenor • 10' long 50 amp (36/4 wire) shore power cord with twist lock connector • Emergency interior lighting for shelter, battery operated • Three Electronic equipment rack 19 "W x 74 "H • Additional tail light • LED stop and tail lights in place of standard • Graphics, Keep Back Emergency • Complete "Halo" grounding system with 12 -8GR grounding kit • Dri -Dek Flooring for Shelter 7 Agenda Item No. 16F2 February 13, 2007 Page 10 of 20 V — Estimate of Line Item Costs See attachment 4 — Aluma Quotation Agenda Item No. 16F2 February 13, 2007 Page 11 of 20 Attachment 1 To understand how this project furthers state and local emergency management objectives, one must recognize the requirements of the Florida Statutes and our responsibilities to provide emergency services and relief in the timeliest manner: Florida Statutes say Florida's responsibility: 252.32 Policy and purpose.- - (1) Because of the existing and continuing possibility of the occurrence of emergencies and disasters resulting from natural, technological, or manmade causes; in order to ensure that preparations of this state will be adequate to deal with, reduce vulnerability to, and recover from such emergencies and disasters; ...it is hereby found and declared to be necessary: (a) To create a state emergency management agency to be known as the "Division of Emergency Management," to authorize the creation of local organizations for emergency management in the political subdivisions of the state, and to authorize cooperation with the Federal Government and the governments of other states... (c) To provide for the rendering of mutual aid among the political subdivisions of the state, with other states, and with the Federal Government with respect to carrying out all emergency management functions and responsibilities. (d) To authorize the establishment of such organizations and the development and employment of such measures as are necessary and appropriate to carry out the provisions of ss. 252.31- 252.90. (e) To provide the means to assist in the prevention or mitigation of emergencies which may be caused or aggravated by inadequate planning for, and regulation of, public and private facilities and land use.... (2) ... the most effective preparation and use may be made of the workforce, resources, and facilities of the nation for dealing with any emergency that may occur... 252.35 Emergency management powers; Division of Emergency Management.- - (1) The division is responsible for maintaining a comprehensive statewide program of emergency management.... (2) The division is responsible for carrying out the provisions of ss. 252.31 - 252.90. In performing its duties under ss. 252.31- 252.90, the division shall: (a) Prepare a state comprehensive emergency management plan, .... The plan must contain provisions to ensure that the state is prepared for emergencies and minor, major, and catastrophic disasters, and the division shall work closely with local governments and agencies and organizations with emergency management responsibilities in preparing and maintaining the plan. The state comprehensive emergency management plan shall be operations oriented and: -. 2. Include a shelter component that ... provide for a postdisaster communications system for public shelters; .... 3. Include a postdisaster response and recovery component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of postdisaster response and recovery Agenda Item No. 16F2 February 13, 2007 Page 12 of 20 activities. This component must provide for postdisaster response and recovery strategies according to whether a disaster is minor, major, or catastrophic. The postdisaster response and recovery component must, at a minimum: establish the structure of the state's postdisaster response and recovery organization; establish procedures for activating the state's plan; set forth policies used to guide postdisaster response and recovery activities; describe the chain of command during the postdisaster response and recovery period; describe initial and continuous postdisaster response and recovery actions; identify the roles and responsibilities of each involved agency and organization; provide for a comprehensive communications plan; establish procedures for monitoring mutual aid agreements; provide for rapid impact assessment teams; ensure the availability of an effective statewide urban search and rescue program coordinated with the fire services; ensure the existence of a comprehensive statewide medical care and relief plan administered by the Department of Health; and establish systems for coordinating volunteers and accepting and distributing donated funds and goods.... 5. Address the need for coordinated and expeditious deployment of state resources,_ 6. Establish a system of communications and warning to ensure that the state's population and emergency management agencies are warned of developing emergency situations and can communicate emergency response decisions.... 252.42 Government equipment, services, and facilities. - -In the event of any emergency, the division may make available any equipment, services, or facilities owned or organized by the state or its political subdivisions for use in the affected area upon request of the duly constituted authority of the area or upon the request of any recognized and accredited relief agency through such duly constituted authority. So, as stipulated in law, the State has the responsibility to bring all resources to bear to mitigate the effects of a disaster.on a community. Then, from the Emergency Management Assistance Compact (EMAC) After- Action Report for the 2004 Hurricane Response one can understand why communications, communications versatility, communications portability, communications interoperability are critical resources needed within a community to support internal and external disaster response operations. Below are excerpts that detail the magnitude of response capability, the need for NIMS compliance and versatility. Introduction The 2004 hurricane season was one of the most challenging periods in U.S. disaster response and recovery history. It tested Emergency Management Assistance Compact (EMAC) policies, plans, and procedures in circumstances heretofore unseen in scope, magnitude, intensity, and duration. Over a period of 85 days, 38 States deployed nearly 800 personnel in the largest use of State -to -State mutual assistance in history. (Page 1, Emergency Management Assistance Compact (EMAC) After - Action Report for the 2004 Hurricane Response) Resources State resources that a governor can call upon in response to a disaster or emergency have always included the internal emergency management community of trained professional staff, dedicated equipment within the State and in its local jurisdictions, and State and local health and public safety organizations as well as all other assets within the States. This is the first line of disaster response.... (Page 3, Emergency Management Assistance Compact (EMAC) After - Action Report for the 2004 Hurricane Response) 10 Agenda Item No. 16x=2 February 13, 2007 Page 13 of 20 A -3 - EOC Support Teams. Approximately half of all State resources deployed under EMAC during the 2004 hurricane season worked at State and county EOCs. They brought much needed expertise in command, control, coordination, communications, and emergency management to the response and recovery operations, as well as technical qualifications in the various ESFs. In some cases, Assisting States deployed teams of trained individuals, but, in most instances, local EOCs were staffed with individuals from a variety of sources. This made it particularly difficult to attain and maintain continuity of team operations. (Page A -11, Emergency Management Assistance Compact (EMAC) After - Action Report for the 2004 Hurricane Response) A -4 - Defining Requirements. There is unavoidable tension between the ability of the Requesting State to specify precisely the nature of required resources and the ability of Assisting States to translate that request into a qualified deployable asset. This is particularly true in the fast -paced and unpredictable environment of a Level 1 EMAC operation. Part of the difficulty is the absence of a standard "resource typing" protocol that collapses important qualifying attributes into universally understood categories. With an acceptable resource typing protocol, the REQ -A Form could better address the specific aspects that are truly unique to a particular set of circumstances. Recommendations a. EMAC leadership should seek ways to join in the NIMS efforts to arrive at an acceptable resource typing protocol that incorporates EMAC requirements.... (Page A -11, Emergency Management Assistance Compact (EMAC) After - Action Report for the 2004 Hurricane Response) Issues for Improvement A -9 - EMAC A -Team Self Sufficiency. While the EMAC Requesting States were very pleased with the professionalism and dedication of the deployed A- Teams, there was general agreement that the teams should be more self - sufficient and less reliant upon the Requesting States for logistical support. Deploying A -Teams should be self- contained to the extent that they are never a burden on a Requesting State, which may already be struggling with critical continuity issues such as EOC relocations, communications connectivity, and limited physical space. Recommendations a. EMAC should develop and include in the EMAC Operations Manual a minimum list of A -Team supplies necessary for all deployments. This information should be included in all A -Team training and tested during deployment drills. b. The EMAC leadership should explore the possibility of developing, in coordination with FEMA and NEMA, A -Team deployment kits to be maintained in each FEMA Region for rapid deployment on demand. (Page A -14, Emergency Management Assistance Compact (EMAC) After- Action Report for the 2004 Hurricane Response) A -12 - Resource Typing. The Requesting States were unable to anticipate accurately the complete and pertinent qualifications of deploying EMAC personnel because of the absence of a commonly accepted resource typing systam. In some cases, Assisting States attached resumes or biographical data to the REQ -A Form. That was helpful, but not uniformly applied throughout EMAC support operations. FEMA has developed schemes that classify resources by Category (the applicable function for which the resource would be most useful) ; Kind (the broad class of characterization such as teams, personnel, equipment, and supplies); and Type (a measure of minimum capabilities to perform its function) . This is an integral component of the newly created NIMS and could serve as a standard for typing EMAC resource requirements. Recommendation The EMAC leadership should evaluate existing resource typing systems (such as the National Wildfire Coordinating Group and FIRESCOPE) and the 11 Agenda Item No. 16F2 February 13, 2007 Page 14 of 20 avolving FEMA NIMS, and take action to endorse the use of resource typing, Eully integrating it into all Member State response and recovery Dperations plans. Category 4 - Field Operations Successful and sustainable field operations are critically important during all disaster response and recovery operations, and that was certainly the case among the three States receiving EMAC assistance during the 2004 hurricane season. The severe impact of the season's hurricanes required extensive mutual -aid support in the hardest hit disaster areas over an unprecedented period of time. Some aspects of those field operations are particularly noteworthy. (Page A -15, Emergency Management' Assistance Compact (EMAC) After - Action Report for the 2004 Hurricane Response) A -13 - EMAC Senior Advisor. Establishing a unified forward command in the impact area allowed the SCO, collocated with the Federal Coordinating Officer (FCO), to direct response operations based on firsthand knowledge of the circumstances. The forward site was designated "Charley Command" to signify that it was neither a State nor Federal activity, but a truly unified command center. At one point, two A -Team members deployed forward to work at Charley Command. The problem is that the mission of the A -Team is not particularly compatible with the conditions of austerity likely to be found in a forward command location. The A -Team needs reliable voice and data communications and a capability to expeditiously exchange REQ -A Forms via facsimile (fax) with Assisting States so that signatures can be transmitted and authenticated. The forward command site may be limited to voice communications via radio or cellular telephone, which will at times be predictably unreliable. While the A -Team can best perform its mission at the SEOC, there is still a requirement to provide the SCO and FCO with expertise on the applicable use of EMAC resources in the embattled area. (Page A -16, Emergency Management Assistance Compact (EMAC) After - Action Report for the 2004 Hurricane Response) On August 20, 2004, a forward State Emergency Response Team (SERT) led by the Florida Emergency Management Director deployed to Charlotte County. Designated as "Charley Command" to denote its unified composition, the forward SERT directed support for local response and recovery efforts, relaying information and instructions to the SEOC, where the EMAC A -Team continued to operate. Both the State Coordinating Officer (SCO) and Federal Coordinating Officer (FCO) operated from Charley Command. This unified forward command concept remained in place for the duration of the hurricane season, shifting location and changing names with each succeeding event. (Page B -2, Emergency Management Assistance Compact (EMAC) After - Action Report for the 2004 Hurricane Response) Summary It had been 118 years since a single State suffered as many direct hits as Florida during the 2004 hurricane season and never had so many storms struck in such rapid succession. Moreover, all of the southeastern States and most of the States along the Atlantic seaboard suffered significant effects from the same storms, severely straining response and recovery resources at all levels of government. And yet, 38 States, including one non -EMAC member, deployed resources to Florida, Alabama, and West Virginia. More than 780 construction engineers, health and safety technicians, emergency operations staff, building inspectors, transportation experts, emergency management professionals, medical doctors and nurses, heavy equipment operators, communications specialists, donation management personnel, animal rescue staff, public safety officers, and many other skilled personnel came to the aid of their neighbors in distress. In addition, 16,000 relief workers were dispatched by the Federal Government — joining the dedicated members of the National Guard units deployed throughout the affected area and tens of thousands of volunteers from faith -based and other charitable organizations who gave selflessly of their time and energy. The sum of this magnificent relief 12 Agenda Item No. 16x-2 February 13, 2007 Pane 15 of 20 effort was even grander in scale than that following the terrorist attack on New York's World Trade Center. (Page B -7, Emergency Management Assistance Compact (EMAC) After - Action Report for the 2004 Hurricane Response) B -28 - Communications. During the height of the various storm activities, personnel in the field often were unable to communicate with the A -Team or personnel in other locations. Local power outages, disruption of landlines of communications, and damaged cell towers prohibited normal communications. Reportedly, the handheld Black Berry device was sometimes the only reliable means of transmitting and receiving information. Recommendation Explore all potential methods of field communications and equip deploying personnel accordingly so that they are never without some means of communicating. (Page B -17, Emergency Management Assistance Compact (EMAC) After- Action Report for the 2004 Hurricane Response) 13 NtiC> LL 0 N r N O U m cc _T' CD U -O cm c Q CLL 4 � CT) a) cu � 6 E O� co a CN C E a) ca CD CL E °' w O C LL W w r��•� 7 n W M O t\ a) ca Ll Lo a) O CD CD C a> E ro ca c m N ;O U ; I 0 c 0 c a) 0 4) U 0 N it Q ♦T N c Q N LL LL O c ) a) N a5 H E E W = o � F � � o = ,o m 1 a� c ~ o) D ca W C a) fII a O � � w o. E lL C L O L_ u 0 o> cO y E v n > m a' °' ° w A 0 ° o E c m O U }' �O LLa d CO N N N d O ca n ¢ m c o 3 n c O 'c m a m V) a- — L O U c U (v LE 3 � c U N O R1 d r0 F- N C C a N CL -0 c p K y O LU Ln > T F" a7 7 y y y 0 0 m v CL O y C W. 0 cc CD G .� V uJ .0 ? E y cc 6,1 a °o m N m p 'v to C ai E aci E 72 = Cc S E 8 cIJ .– V1 S E m E ra • -- LL- m > W LL w � w ° c = o mH o n CL w W d LL n c FT 0 y •v o L1 o c a� o o ca c F ao`� w e to LL a a- c> = v a m c v a) E n n K o v ca ° u m as °- c c o a� m °- o c '� o � Lc C) y p CL m° :5 a) o CL � U aC lL . �. E °3 0 -00,2 t' ° o° ap w < h lu c� m LL rY aci CJ Q a' `o Z � CD 3 g to cn W a o c o t% Q a`� O 2 'co m O> w io a) LJ Cl) > w a) q d� _NQ NL n n > dO W t m p 0 .a p 2"-' 0 LL- H F- O O c IL o ca .W o. LLw n �' = c ao @ C ~ dwd a n mm Go S Q a Q t J m m m E O H c o m LL c23 o o m y a=i o n '�° �' c E o °—� �+ a a� a m n a n a j F` cn to ac°i = o Ld ) w a� L 'Q � o n CL 111 tL w > aa-i C � 'pII O Co C cccc55 G O N C O cO C 6 .J LL S d w U m O.' N tL C7 N co p§�: C onn. G O c ui O N E E �o m SS cP co a Qa3 4 E U Qa UU Q a3 C Q E o Q �Q co CL w i— Gs CA W M O t\ a) ca Ll Lo a) O CD CD C a> E ro ca c m N ;O U ; I 0 c 0 c a) 0 4) U 0 N it Q ♦T N c Q N LL LL O c"ItiC) LLOCIA i9 0 7 C� J n c6 ti -0 a) r_ LL Qi Q 1-11% ?n 1� RR1 PPQQRP7 'Ohl 11U.7 tl)JOJ TTTUTIIUI If n; 'r) -MI nlln7 OT n-rn oe a U7Vf \ Q \ eaa ¢ o\\ \ cr acc \\ v a Gma a\\ ZZ ¢ \ z Q \ Z ¢ \ z Z Z z Z zZ :_ CE co La LO U co N m N h U ur 01 L W U vi. b0 N W a0 J o zQ U�- �z °' i-= ��- E v �� a N C ��� a U r- Lq a ci ? U Cj 0 ji C -J `Jn Z w ¢Q LLJ _ t 3 O T c v (,, m \ Q �- p L CU LA j F- � U ti �; az �° ..Q rn 9 0 CD ON r- orlp M � x N Q � n O LO. C-§ Ri •? O� u MMMMINN N O ct S C n -I .\0 V) f�l � U L -Lj En G1 ll�. z z _ v M W J g� W a O cu W7 cv �- • Z u a' u.; } o !-- ul W y J > N L¢] ti 1-11% ?n 1� RR1 PPQQRP7 'Ohl 11U.7 tl)JOJ TTTUTIIUI If n; 'r) -MI nlln7 OT n-rn QUOTATION ALUMA TOWER COMPANY, INC. To: Fred C. Edwards Agenda Item No. 16F2 February 13, 2007 Page 18 of 20 1639 Old Dixie Highway Box 2806 Vero Beach, FL 32961 -2806 Voice 772.567.3423 Fax 772.567.3432 Email:atc@alumatower.com http: / /www.alumatower.com Q# 23151 Date 29- Sep -06 Phone Fax Attn: Email frededwards @colliergov.net in response to your inquiry we are pleased to quote as follows: Quantity Description 1 TM 61- WA80 -EB4 Galvanized dual axle heavy duty trailer, 4 wheel electric brakes Shelter S812H(T -75XHD painted white and exterior dimensions 144 "L x 96 "W x 93.75 "H with 75' extra heavy duty aluminum crankup tower and #684 -L aluminum storage box *•" Above price is for the basic unit. Listed below are options for you to chose from: 1 A3 -25CG Assembled guy kit consisting of 3 sets (total 9 guy cable assemblies) of pre made galvanized guys with storage pouch 1 8800 Temporary anchor kit consisting of (3) 88DB1 Duck Bill anchors, a set of (3 )ABCD -375 guy attachment plates and a (DS -88) drive steel 1 8800TK Duck Bill ground anchor installation kit 1 OBL -102 -R Dual Obstruction Light Kit with 100' cord 1 EWDC -S 12V DC Electric winch with control cable and cover 1 BPS 12 VDC Battery Pack 1 ST -15 Spare tire mounted $ locked 1 TCL -100 Trailer coupler lock 1 DWL -12V Dual 12V work lights on trailer with shelters & includes canvas cover 1 RA- 200 -AT Co-ax reel, aluminum capacity 300' of 5/8" coax 2 AC /CR -13500 13,500 BTU A/C and Heat (RV type) 1 RIO-1 -A Single 1/0 port Roxtek 2 FLT -120 120V 500 Watt Floodlight with 5' Telescoping pole 1 TEL -100 Telephone inlet and modular plug in shelter Above Prices Are: FOB VERO BEACH, FL Shipped Via: Towaway- Collect Price $68,440.00 $690.00 $315.00 $190.00 $830.00 $715.00 $300.00 $275.00 $115.00 $305.00 $695.00 $1,410.00 EA $260.00 $830.00 EA $165.00 Estimated Delivery: apx 12 -14 weeks ARO Enc: QS -1449 Payment Method: All prices are valid 60 days unless otherwise noted All prices are quoted U.S. Dollars 1 % -10, Net 30, To Rated Accounts Crating and Packaging Extra Aluma Tower Company, Inc. hp /stg /mr 1 T.E. Gottry - Vice President 1 AEO -ITL Additional 20 amp twist lock electrical outlet in ceiling 1 GEN- 12000 -D -Q -E 12 KW generator complete, diesel fueled /24 hr tank with enclosure and electronic govenor 1 POW - 050 -10 10' long 50 amp (36/4 wire) shore power cord with twist lock connector 1 EIL -100 Emergency interior lighting for shelter, battery operated 3 ER -19 Electronic equipment rack 19 "W x 74 "H 1 ATS -100 Additional tail light 1 LED -100 LED stop and tail lights in place of standard 1 EMG -100 Graphics, Keep Back Emergency 1 HG S -812 Complete "Halo" grounding system with 12 -8GR grounding kit 1 DR -812 Dri -Dek Flooring for S -812 Shelter Above Prices Are: FOB VERO BEACH, FL Shipped Via: Towaway- Collect Aaenda Item No, 16F2 February 13, 2007 Page 19 of 20 $145.00 $16,045.00 $260.00 $225.00 $975.00 EA $215.00 $80.00 $180.00 $3,220.00 $1,140.00 Estimated Delivery: apx 12 -14 weeks ARO Enc: QS -1449 Payment Method: All prices are valid 60 days unless otherwise noted 1 % -10, Net 30, To Rated Accounts All prices are quoted U.S. Dollars Crating and Packaging Extra Aluma Tower Company, Inc. hp /stg /mr 2 T.E. Gottry - Vice President I 2" DIA. x 1/4 WALL x 8 FT. MAST 6061 —T6 TUBE TOP PLATE AND LOWER PLATE TO SUIT CUSTOMERS REQUIREMENTS "C" SECTION ENLARGED VIEW OF PULLEY ASS'Y. "D" SECTION ENLARGED VIEW OF ROLLER (BCD -1 1 1) ` ASSEMBLY TYP. "E" SECTION WINCH GENERAL NOTES: SEE SR-25.0 -0239 FOR RIGGING LAYOUT ALL DIMENSIONS ARE IN INCHES AND FRACTIONS. UNLESS OTHERWISE SHOWN. THIS DRAWING IS THE PROPERTY OF ALUMA TOWER CO. INC. ANY DUPLICATION OTHER THAN ITS EXPRESSED PURPOSE. REUSE. -MODIFICATION OR PLAGIARISM OF ANY PART OF THIS DOCUMENT IS PROHIBITED. VIOLATORS WILL BE PROS- ECUTED UNDER FLORIDA STATE STATUTES. DO NOT SCALE DRAWING. REV DATE Agenda Item No. 16F2 C..h ,. �.. .10 7(1!1-7 1 1/2 DIA. x 1/8 WALL Page 20 of 20 LEGS 6061 —T6 TUBE 1 " DIA. x .049 WALL RUNGS & DIAGONALS 6063 —T832 DRAWN TUBE 21' -2" 21' -2" 67' -4" DESCRIPTION 14 19 24 1/2 1/2 1/2 CROSS SECTION SAFETY STOP E -562 APPROX. TOWER WT. 25 AL UMA TOWER CO. INC. VERO BEACH, FL 32960 T -75XHD STANDARD TOWER ASSEMBLY IRAN BY: ISCALE . 1 nRwr Nn R.Tr. DA7TE14 -97 QS 1029 D BY: APP'D Agenda Item No. 16F3 February 13, 2007 Page 1 of 49 EXECUTIVE SUMMARY Recommendation to approve the submittal of a Florida Emergency Medical Services Matching Grant Application and Grant Distribution Form for the Stair Chair Program in the amount of $69,850.24. OBJECTIVE: To receive approval from the Board of County Commissioners to submit a Florida Emergency Medical Services Matching Grant Application for the Stair Chair Program, which will provide equipment that is properly designed and functional for the task of moving patients /victims. CONSIDERATIONS: Emergency Medical Services routinely engages in removing patients or victims from many types of locations and under some very unusual conditions. This task can often be slowed or jeopardized by a number of contributing factors, such as restricted access, confined spaces or even the condition of the patient, who may be disabled, elderly or even unconscious. Newer designed removal equipment has been introduced based on technology developed from extensive studies that require minimal personnel to operate, while reducing the factors that contribute to injuries from strains and twisting and allowing for rapid, safe and secure patient transport. This matching grant application is seeking funds to acquire 32 stair chairs, which will equip each ambulance. These stair chairs are ergonomically designed and functional for the task of moving patients /victims. The acquisition of this equipment will increase the effectiveness of those personnel who are required to perform these operations and will allow them to do so more quickly and safely for the patient and themselves. This will result in reduced injuries to personnel and patients as well as the costs associated with these injuries, i.e. loss of time, workers compensation claims and overtime to fill vacancies. This application is requesting $52,387.68 (75 %) from the State of Florida. Collier County's match would be $17,462.56 (25 %) of the total of $69,850.24. Also included with the application is a Request for Grant Fund Distribution, which directs the Florida Department of Health to remit the grant funds to Collier County Board of Commissioners. FISCAL IMPACT: $52,387.68 (75 %) would be funded by the State of Florida Emergency Medical Services Matching Grant Program. Collier County EMS would provide a 25% match of the total program in the amount of $17,462.56. Currently, there is budget for matching funds of $16,200 in EMS Grants Fund 491 to be transferred from EMS Fund 490. A Budget Amendment will be required to increase this amount to the $17,462.56 match should this grant be funded by the State. Grant funds will be allocated to and disbursed from Fund 491 — EMS Grants. GROWTH IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATIONS: That the Board of County Commissioners: 1. Approve the Florida Emergency Medical Services Matching Grant Application and the Grant Distribution Form requesting grant funds be remitted to the Collier County Board of Commissioners. 2. Authorize the Chairman to execute the documents listed in number 1 above. PREPARED BY: Jeff Page, Chief, Emergency Medical Services Agenda Item No. 16F3 February 13. 2007 Page 2 of 49 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F3 Item Summary: Recommendation to approve the submittal of a Florida Emergency Medical Seances Matching Grant Application and Grant Distrbution Form forthe Stair Chair ?rogram in the amount of $69.860.24 Meeting Date: 2113!2007 900.00 A.M Prepared By Jeff Page EMS Chief Date Bureau of Emergency EMS 1!3012007 3:28:30 PM Services Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 1!3012007 3:36 PM Approved By Jeff Page EMS Chief Date Bureau of Emergency EMS 113012007 4:25 PM Services Approved By Colleen Greene Assistant County Attomer Date County Attorney County Attorney Office 1130/2007 4:32 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 2/1/2007 10:41 AM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management & Budget 2/1/2007 4:30 PM Approved By Michael Smykowski Management & Budget Director Date County Managers Office Office of Management & Budget 2f212007 8:33 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 2!212007 12:44 PM Commissioners Agenda Item No. 16173 February 13, 2007 Page 3 of 49 S VLL ER vim .-DEPARITINZu'r Emergency Medical Services Matching Grant Application Stair Chair Program 2007 Agenda Item No. 16x3 February 13, 2007 Page 4 of 49 Collier County Emergency Medical Services Department Emergency Medical Services State Matching Grant Application State Matching Grant for Stair Chairs Application Attachments: 1. Grant Application 2. Attachment A. Stryker Price Proposal 3. Attachment B -1: Postural Analvsis of Paramedics Using Stair Chairs 4. Attachment B -2: Biomechanical Analyses of Paramedics Using Stair Chairs 5. Attachment B -3: Comparison of Commercial Stair Chairs using Data Envelopment Analvsis 6. Attachment C: Collier County Demographic Characteristic: 2000, US Census Bureau, Table DP -1 Agenda Item No. 16F3 February 13, 2007 Page 5 of 49 EMS MATCHING GRANT APPLICATION FLORIDA DEPARTMENT OF HEALTH Bureau of Emergency Medical Services Complete all items unless instructed differently within the application Type of Grant Requested: U Rural ® Matching ID. Code (The State Bureau of EMS will assign the ID Code - leave this blank) 1. Organization Name: o I! i c r p Position Title: r- Address: -7O S7 2p� 2. Grant Signer: (The applicant signatory who has authority to sign contracts, grants, and other legal documents. This individual st also si this application) ) Name: Si Ci : Na P I C.5 County: ) �- Position Title: Zip Code: p Telephone: Z Fax Number: .2-3 9 - 'T75- Iq 1-1 51Y Address: O City: e Count T. y �- State: Flori a Zip Code: J Telephone: z,39- 5 Fax Number: 2 3 - - 5 E -Mail Address: 'C r—Q nv ne-4- k 3. Contact Person: (The individual with direct knowledge of the project on a day -to -day basis and responsibility for the implementation of the grant activities. This person may sign project reports and may request project changes. The signer and the contact person may be the same.) Name: Pa Position Title: r- Address: -7O S7 2p� Ci : Na P I C.5 County: ) �- State: Florida Zip Code: p Telephone: Z Fax Number: .2-3 9 - 'T75- Iq 1-1 51Y E -mail Address: Je t'f pa Qep_ Co) I i crc3p Ui Rt DH Form 1787, Rev. June 2002 3 Agenda Item No. 16F3 February 13, 2007 Page 6 of 49 4. Legal Status of Applicant Organization (Check only one resoonse): (1) ❑ Private Not for Profit [Attach documentation -501 (3) ©] (2) ❑ Private For Profit (3) ❑ City /M unicipaiity/TownNillage (4) County (5) ❑ State (6) ❑ Other (specify): 5. Federal Tax ID Number {,Nine Digit Number). VF,?( _b,.0_055'F 6. EMS License Number: � Type: JgTransport ❑Non - transport ❑Both 7. Number of permitted vehicles by type: BLS aaALS Transport ALS non - transport. 8. Type of Service (check one); ❑Rescue ❑Fire $jThird Service (County or City Government, nonfire) ❑Air ambulance: []Fixed wing ❑Rotowing ❑Both ❑Other (specify) 9. Medical Director of licensed EMS provider: If this project is approved, I agree by signing below that I will affirm my authority and responsibility for the use of all medical equipment and /or the provision of all continuing EMS education in this pr 'ect. - [1Q'ci'ftJnaure is needed if medical equipment and professional EMS educatio a not rhis project.] Signature: Date: ,% Zzyr Print/Type: Name of Director O�e[ �CJbPr MU FACF -�P FL Med. Lic. No. m �d Note: All organizations that are not licensed EMS providers must obtain the signature of the medical director of the licensed EMS provider responsible for EMS services in their area of operation for projects that involve medical equipment and/or continuing EMS education. If your activity is a research or evaluation project, omit Items 10, 11, 12, 13, and skip to item Number 14. Otherwise, proceed to Item 10 and the following items. 10. .Justification Summary: Provide on no more than three one sided, double spaced pages a summary addressing this project, covering each topic listed below. A) Problem description (Provide a narrative of the problem or need); B) Present situation (Describe how the situation is being handled now); C) The proposed solution (Present your proposed solution); D) Consequences if not funded (Explain what will happen if this project is not funded); E) The geographic area to be addressed (Provide a narrative description of the geographic area); F) The proposed time frames (Provide a list of the time frame(s) for completing this project); G) Data Sources (Provide a complete description of data source(s) you cite); H) Statement attesting that the proposal is not a duplication of a previous effort (State that this project doesn't duplicate what you've done on other grant projects under this grant program), DH Form 1767, Rev. 2002 4 Agenda Item No. 16F3 February 13; 2007 Page 7 of 49 10) Justification Summary Problem Description Emergency Medical Services routinely engages in removing patients or victims from many types of locations and under some very unusual conditions. This task can often be slowed or jeopardized by a number of contributing factors. Examples of some factors that may adversely affect the movement /rescue of individuals include: • Disposition of the patient/victim (elderly, disabled, bedridden, unconscious, etc.) • Configuration of building (confined space, restricted access, elevators, stairs, narrow hallways, etc.) • Rapid evacuation scenarios (fires, hurricane evacuations, etc.) • Type of location (high- rises, condominiums, multi -story commercial buildings, nursing homes, mobile homes, etc.) It is also desirable to accomplish this task with the least amount of personnel and physical effort. In a medical emergency, it is imperative that the main focus is to attend to the patient's immediate medical needs. Thus, the movement of patients safely, securely and quickly presents an additional challenge to EMS personnel. To compound this, the use of the older removal equipment requires more physical effort and strains for EMS personnel while maneuvering and lifting patients. Newer designs have been introduced based on technology developed from extensive studies that require minimal personnel to operate, while reducing the factors that contribute to injuries from strains and twisting and allowing for rapid, safe and secure patient transport. Present Situation • Patients are fearful and uncomfortable with existing stair chairs • Equipment is strenuous and hazardous to use due to lack of ergonomic design features • Requires exaggerated physical effort and improper use Agenda Item No. 16x=3 February 13, 2007 Page 8 of 49 Patients often complain of discomfort when being moved with the current outdated stair chairs, which are comprised of a metal frame with a canvas cover, two wheels in the rear and two short handles in front. In addition to being uncomfortable, patients are also fearful because the medic carrying the front of the chair is navigating backwards down stairs. In addition, the use of the current removal equipment necessitates bending and twisting motions in order to maneuver and negotiate patients through inhospitable conditions, which can, and does, result in neck and back injuries. These types of injuries are usually the most costly, due to loss of time, overtime to fill vacancies and workers compensation claims, medical treatment and rehabilitation. Proposed Solution Acquire the needed funds to provide equipment that is properly designed and functional for the task of moving patients/victims. The acquisition of this equipment will increase the effectiveness of those personnel who are required to perform these operations and will allow them to do so more quickly and safely for the patient and themselves. This will result in increased comfort and safety for our patients and reduced injuries to personnel, as well as the costs associated with these injuries. The overall savings realized by the reduction of injuries will dramatically offset the initial cost of this equipment. Consequences if Not Funded The Collier County Emergency Medical Services Department's budget is largely dependent (almost 60 %) on revenue. With the majority of the county being agricultural, there is a large influx of both a migrant population and indigent patients. As such, Collier County experiences a high volume of write - offs for ambulance services. With lack of grant funding, we will continue to be unable to obtain funding through our annual budget process, patient safety will be compromised, and personnel will continue to be injured, resulting in extraordinary expenses for workers compensation, overtime and medical expenses. Another consequence of not funding this project would be the contributing inefficiencies that would result in a catastrophic event such as a hurricane where EMS personnel may be called upon to move the elderly and infirmed to a safe locale in a prompt and effectual manner. Agenda Item No. 16F3 February 13, 2007 Page 9 of 49 Geographic Area Collier County is the largest county in total land area in the State of Florida, encompassing 2,025 square miles with a permanent population of 251,000 (based on the 2000 census). Over 25% of the population is comprised of persons 65 and older, which is significantly higher than the state average of 17.6 %. Nearly 20.000 workers increase the population each day. In addition, Collier County has a large influx of migrant workers. The miles of beaches, three airports and numerous marinas attract a multitude of visitors each day, swelling the population level during peak season. Areas of some special tactical concern would be: • High -rise condominiums 0 Multi -story residences • A multitude of two -story or higher hotels /motels • Nursing homes and assisted living facilities • Two hospitals (with an additional to open February 2007) • Mobile home and RV parks • Alternate modes of transportation — Buses, boats and airplanes Many multi -story buildings in the county do not have elevators, but rather steep, narrow stair wells and the mobile homes and RVs are confined spaces with small, elevated stoops. These conditions do not allow for the use of stretchers and thus, stair chairs must be employed. Time Frames Receive State Award Purchase and Acquire 36 Stair Chairs 60 days Train and Distribute 90 days Project will be completed within one year. Agenda item No. 16F3 February 13, 2007 Page 10 of 49 Data Sources Workers Compensation Statistics — Collier County Risk Management Department Stryker Price Proposal (Attachment A) Western Michigan University — Three Studies • Postural Analysis of Paramedics Using Stair Chairs (Attachment B -1) • Biomechanical Analyses of Paramedics Using Stair Chairs (Attachment B -2) Comparison of Commercial Stair Chairs using Data Envelopment Analysis (Attachment B -3) County Demographic Characteristic: 2000, US Census Bureau, Table DP -1 (Attachment C) Attesting Statement No other applications have been submitted for State grant funding for this equipment. Agenda Item No. 16F3 February 13, 2007 Page 11 'of 49 Next, only complete one of the following: Items 11, 12, or 13. Read all three and then select and complete the one that pertains the most to the preceding Justification Summary. 11. Outcome For Projects That Provide or Effect Direct Services To Emergency Victims: This may include vehicles, medical and rescue equipment, communications, navigation, dispatch, and all other things that impact upon on -site treatment, rescue, and benefit of emergency victims at the emergency scene. Use no more than two additional one sided, double- spaced pages for your response. Include the following. A) Quantify what the situation has been in the most recent 12 months for which you have data (include the dates). The strongest data will include numbers of deaths and injuries during this time. B) In the 12 months after this project's resources are on -line, estimate what the numbers you provided under the preceding "(A)" should become. C) Justify and explain how you derived the numbers in (A) and (B), above. D) What other outcome of this project do you expect? Be quantitative and explain the derivation of your figures. E) How does this integrate into your agency's five year plan? 12. Outcome For Training Proiects: This includes training of all types for the public, first responders, law enforcement personnel, EMS and other healthcare staff. Use no more than two additional one sided, double- spaced pages for your response. Include the following: A) How many people received the training this project proposes in the most recent 12 month time period for which you have data (include the dates). B) How many people do you estimate will successfully complete this training in the 12 months after training begins? C) If this training is designed to have an impact on injuries, deaths, or other emergency victim data, provide the impact data for the 12 months before the training and project what the data should be in the 12 months after the training. D) Explain the derivation of all figures. E) How does this integrate into your agency's five year plan? 13. Outcome For Other Projects: This includes quality assurance, management. administrative, and other. Provide numeric data in your responses, if possible, that bear directly upon the project and emergency victim deaths, injuries, and /or other data_ Use no more than two additional one sided, double - spaced pages for your response. Include the following. A) What has the situation been in the most recent 12 months for which you have data (include the dates)? B) What will the situation be in the 12 months after the project services are on -line? C) Explain the derivation of all numbers. D) How does this integrate into your agency's five year plan? DH Form 1767, Rev. 2002 Agenda Item No. 16F3 February 13, 2007 Page 12 of 49 11) Outcome For Projects That Provide or Effect Direct Services To Emergency Victims: The department currently maintains a total of thirty -two (32) ALS ground transport units. Twenty- five of these ambulances are staffed and equipped in accordance with the Advanced Life Support guidelines required by State EMS statutory regulations and are operational 24/7. The other seven vehicles are available for backup for peak demand and equipment breakdowns. These alternate seven units are also equipped in accordance with. the Advanced Life Support guidelines required by State EMS statutory regulations. During the period October 1, 2005 — September 30, 2006, Collier County EMS responded to in excess of 42,000 incidents. Of these, over 23,000 resulted in transports to local area hospitals. Additionally, when EMS units are responding, along with fire units, the EMS units are the only units equipped with evacuation chairs. The acquisition of the thirty-two evacuation chairs (stair chairs) will assure the safe and efficient removal of patients /victims, while protecting EMS personnel from injuries frequently incurred in this process. During fiscal year 2006 (October 1, 2005 — September 30, 2006), Collier County's Risk Department reported a total of 41 workers compensation incidents, 14 of which were related to moving /carrying patients. This was a 59% increase over FY 05's 8 of 27 incidents in 2005. In addition, the average lost workdays grew from an average of 4.6 per incident in 2005 to 16 per incident in 2006. The current rates for neck, back and lifting injuries provided by the County Risk Management Department for workers comp injuries should see a minimum of 25 -50% improvement in twisting and strain injuries associated with evacuation chair usage, Equally important, patient safety and comfort will be vastly improved. The Collier County EMS Department continues its efforts to improve the safety of its work place by closely participating with the County's Risk Management Department Safety Review Board, One of the main goals of this group is to reduce the risk for injury for the County's Paramedics and Firefighters during normal and disaster type situations. In addition, safety is a key element of our five -year business Agenda Item No. 16F3 February 13, 2007 Page 13 of 49 plan, which states, "Efforts be placed on personnel and equipment safety ..." The addition of this improved stair chair device will assist in satisfying the goal of improving the safety and injury rate for EMS personnel involved in the movement of patients in routine and disaster situations. Agenda item No. 16F3 February 13, 2007 Page 14 of 49 Skip Item 14 and go to Item 15, unless your project is research and evaluation and you have not completed the preceding Justification Summary and one outcome item. 14. Research and Evaluation Justification Summary, and Outcome: You may use no more than three additional one sided, double spaced pages for this item. A) Justify the need for this project as it relates to EMS. B) Identify (1) location and (2) population to which this research pertains. C) Among population identified in 14(B) above, specify a past time frame, and provide the number of deaths, injuries, or other adverse conditions during this time that you estimate the practical application of this research will reduce (or positive effect that it will increase). D) (1) Provide the expected numeric change when the anticipated findings of this project are placed into practical use. (2) Explain the basis for your estimates_ E) State your hypothesis. F) Provide the method and design for this project. G) Attach any questionnaires or involved documents that will be used. H) If human or other living subjects are involved in this research, provide documentation that you will comply with all applicable federal and state laws regarding research subjects. I) Describe how you will collect and analyze the data. 15. Statutory Considerations and Criteria: The following are based on s. 401.113(2)(b) and 401.117, F.S. Use no more than one additional double spaced page to complete this item. Write NIA for those things in this section that do not pertain to this project. Respond to all others. Justify that this project will: A) Serve the requirements of the population upon which it will impact. B) Enable emergency vehicles and their staff to conform to state standards established by law or rule of the department. C) Enable the vehicles of your organization to contain at least the minimum equipment and supplies as required by law, rule or regulation of the department. D) Enable the vehicles of your organization to have, at a minimum, a direct communications linkup with the operating base and hospital designated as the primary receiving facility. E) Enable your organization to improve or expand the provision of: 1) EMS services on a county, multi county, or area wide basis. 2) Single EMS provider or coordinated methods of delivering services. 3) Coordination of all EMS communication links, with police, fire, emergency vehicles, and other related services. DH Form 1767, Rev. 2002 Agenda Item No, 16F3 February 13. 2007 Page 15 of 49 15) Statutory Consideration and Criteria A. Serve the requirements of the population upon which it will impact. The acquisition of these new stair chairs will aid in the timely, safe and efficient evacuation of patients /victims who may be elderly, disabled or bedridden from buildings or areas where there is limited/difficult access or multi -story buildings where there are no elevators or during emergencies where elevators may not be operable. B. Enable emergency vehicles and their staff to conform to state standards established by law or rule of the department. Subsection 401?5 (2)(b), Florida Statutes, reads: "The ambulances, equipment, vehicles, personnel, communications systems, staffing patterns, and services of the applicant meet the requirements of this part, including the appropriate rules for either a basic life support service or an advanced life support service, whichever is applicable." C. Enable the vehicles of your organization to contain at least the minimum equipment and supplies as required by law, rule or regulation of the department. Subsection 401.25 (2)(b), Florida Statutes, reads: "The ambulances, equipment, vehicles, personnel, communications systems, staffing patterns, and services of the applicant meet the requirements of this part, including the appropriate rules for either a basic life support service or an advanced life support service, whichever is applicable." D. Enable the vehicles of your organization to have, at a minimum, a direct communications linkup with the operating base and hospital designated as the primary receiving facility. N/A E. Enable your organization to improve or expand the provision of: 1. EMS services on a county, multi county, or area wide basis. MCUs with fire districts, mutual aid agreements with surrounding counties and statewide disaster response plan. 2. Single EMS provider or coordinated methods of delivering services. Will increase productivity and enhance unit availability. Agenda Item No. 16F3 F=ebruary 13, 2007 Page 16 of 49 3. Coordination of all EMS communication links, with police, fire, emergency vehicles, and other related services. N/A Agenda Item No. 16F3 February 13, 2007 Page 17 of 49 16. Work activities and time frames: Indicate the major activities for completing the project (use only the space provided). Be reasonable, most projects cannot be completed in less than six months and if it is a communications project, it will take about a year. Also, if you are purchasing certain makes of ambulances, it takes at least nine months for them to be delivered after the bid is let. Work Activity Number of Months After Grant Starts Begin End e.' v I FT o d aj 17. County Governments: If this application is being submitted by a county agency, describe in the space below why this request cannot be paid for out of funds awarded under the state EMS county grant program. Include in the explanation why any unspent county grant funds, which are now in your county accounts, cannot be allocated in whole or part for the costs herein. DH Form 1767, Rev. 2002 Agenda Item No. 16F3 February 13, 2007 Page 18 of 49 18. Bud et: Salaries and Benefits: For each position title, provide the amount of salary per hour, FICA per hour, fringe benefits, and the total number of hours. Costs Justification: Provide a brief justification why each of the positions and the numbers of hours are necessary for this project. !V i I i f TOTAL: Expenses: These are travel costs and the usual, ordinary, and incidental expenditures by an agency, such as, commodities and supplies of a consumable nature, excluding expenditures classified as operating capital outlay (see next category). Costs: List the price and source(s) of the price identified. Justification: Justify why each of the expense items and quantities are necessary to this project. I i I i f I I f I TOTAL: $ DH Form 1767, Rev. 2002 Agenda Item No, 16F3 February 13. 2007 Page 19 of 49 Vehicles, equipment, and other operating capital outlay means equipment, fixtures, and other tangible personal property of a non consumable and non expendable nature; and the normal expected life of which is 1 year or more. Costs: List the price of the item and the source(s) used to identify the price. Justification: State why each of the items i and quantities listed is a necessary i component of this project. l r —� I � r'an+ Wou l s^ovi cte 5 inch ' c per A o as-. a, i Rest r , n-� S I o, rg r , (Check applicable program) ! S $ ❑ Rural: 10 Percent $ Grand Total ; $ 4�1_ISQ. of an i1 s TOTAL $ State Amount (Check applicable program) a) Matching: 75 Percent $ 197 aS i ❑ Rural: 90 Percent I $ Local Match Amount (Check applicable program) ! Matching; 25 Percent $ t ❑ Rural: 10 Percent $ Grand Total ; $ 4�1_ISQ. DH Form 1767. Rev_ 2002 Agenda Item No. 16F3 February 13, 2007 Page 20 of 49 jig. Certification: My signature below certifies the following. I am aware that any omissions, falsifications, misstatements, or misrepresentations in this application may disqualify me for this grant and, if funded, may be grounds for termination at a later date. I understand that any information I give may be investigated as allowed by law. I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. agree that any and all information submitted in this application will become a public document pursuant to Section 119.07, F.S. when received by the Florida Bureau of EMS. This includes material which the applicant might consider to be confidential or a trade secret. Any claim of confidentiality is waived by the applicant upon submission of this application pursuant to Section 119.07,F.S., effective after opening by the Florida Bureau of EMS. I accept that in the best interests of the State, the Florida Bureau of EMS reserves the right to reject or revise any and all grant proposals or waive any minor irregularity or technicality in proposals received, and can exercise that right. I, the undersigned, understand and accept that the Notice of Matching Grant Awards will be advertised in the Florida Administrative Weekly, and that 21 days after this advertisement is published I waive any right to challenge or protest the awards pursuant to Chapter 120, F.S. I certify that the cash match will be expended between the beginning and ending dates of the grant and will be used in strict accordance with the content of the application and approved budget for the activities identified. In addition, the budget shall not exceed, the department, approved funds for those activities identified in the notification letter. No funds count towards satisfying this grant if the funds were also used to satisfy a matching requirement of another state rant. All cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in his application shall be committed and used for the activities approved as a part of this grant. Acceptance of Terms and Conditions: If awarded a grant, I certify that I will comply with all of the above and also accept the attached grant terms and conditions and acknowledge this by signing below. Signature of Authorized Grant Signer MM / DD / YY Individual Identified in Item 2 DH Form 1767, Rev. June 2002 S to fore legal sufficiArcd Assistant CO nr Attorney 10 Agenda !tern No. 16F3 February 13. 2007 Page 21 of 49 FLORIDA DEPARTMENT OF HEALTH EMS GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2)(b), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion or continuation of pre - hospital EMS. Name of Agency: a I It c f Mailing Address: _ 30 1 Ta m ; r n � Tr-a ; 1 &g(?1e-r,r,, FL 3 11z, Federal Identification Number Authorized Agency Official: Signature Date j am e--,5.0 n I ejla� 0 Type Name and Yitle Sign and return this page with your application to: Florida Department of Health BEMS Grant Program 4052 Bald Cypress Way, Bin C18 Tallahassee, Florida 32399 -1738 Do not write below this line. For use by Bureau of Grant Amount For State To Pay: Approved By: Signature of EMS Grant Officer State Fiscal Year: - Medical Services Grant ID Code: Organization Code E�O. QCA Obiect Code 64- 42 -10 -00 -000 MG N2000 750000 Federal Tax ID: VF Grant Beginning Date: Grant Ending Date: UH Forrn I Ib7P, Rev_ June 2x02 a�,.r A 11 Date M Agenda Item No. 16173 February 13, 2007 Page 22 of 49 Attachment A Stryker EMS Price Proposal EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM. Collier County Emergency Medical Services Sales Proposal Quotation Date: 01122/07 Quote Number: QCCO12107 SHIP TO ADDRESS: Collier County EMS 3301 East Tamiami Trail Bldg H, 3rd Floor Naples, FL. 34112 t: 239 -530 -6285 f: 239-775-4454 email: bayartie @coliiergov.nei 32 ea Model 6252 STAIR -PRO Stair Chairs Standard Features Include: High visibility powder coat frame Extended head and foot end lift handles 500 -lb weight capacity 2 -piece ABS panel seat Molded hand grips Locking head end lift handles Light weight, durable aluminum construction Easy - rolling rear wheels with seated bearing; Dual wheel locks Compact storage size Positive action locking mechanism Power - washable Grease -free maintenance Color -coded patient restraint set In- service training video Operations /Maintenance Manual 4" (10 cm) front caster wheels Extendable upper control handle Patented Stair -TREAD system 1 -year partsllabor /travel warranty Selected Options and Accessories: 32 6250- 031 -000 Locking Rear Handles 32 6252 - 040 -000 Polypropolene Restraint Set 32 6252 -040 -000 Removable Head Support Agiiinda Iterli PJo, 16FD ZV7W_CWW9 EMS Equipment Jeffery Pounds Territory Manager 3800 E Centre Ave Portage, MI 49002 (800)669 -4968 Ext 8940 Voicemail (407) 574 -7710 Fax ieffpau nds(5)s tryker.corn List Price Unit Price Ext Sell $ 2,571.00 $ 2,069.66 $ 66,229.12 $ 31.00 $ 25.42 $ 813.44 $ 49.00 $ 40.18 $ 1,285.76 $ 58.00 $ 47.56 S 1,521.92 $ 2,709.00 $ 2,182.82 S 69,850.24 Proposal Total (including freight):1 $69,850.24 Optional upcharae items: Price proposal is valid through 04101107 TO PLACE AN ORDER PLEASE FAX YOUR PURCHASE ORDER TO: Stryker - EMS Equipment, Attn: Jeff Pounds Office: 943 Elm Harbor Ct., Lake Mary, FL. 32746 Phone: 407 - 574 -5503; Fax: 407- 574 -7710 Include your billing /shipping addresses, desired delivery dates, signature and terms (net 30). THANK YOU! Order subject to approval by Stryker Corporation. Taxes will be invoiced as a separate item when applicable. Credit cannot be atloweci an returns of special or modified items. All approved returns will be accepted ONLY in Kalamazoo. Michigan. Proposals are effective 30 days from submiral. keceivin�* Contact N uno: tttreit•in 7 Phone ATUmUer. l.nadin Dock: YES N0 Boxed linboxed (Circle One) Dock hrs: Sales Rep: 1'c Comments: Aaende Item No. 16F3 Ergonomic Analysis Shows s4 of 49 Helps Alleviate Risk of Operator Injury Situation firefighter, and emergency medical services (EMS) person - nci must perfonn a wide array of potentially hazardous emergency rescue procedures that often include the use of specially designed rescue and/or transport equipment. One common procedure involves manually transporting a patient down flights of stairs ushig a stair chair. Unf-orhtaately, the physical strain of maneuvering patients in this environment contributes to a high number of back injuries being reported in the EMS industry.' Researchers have identified awkvmard body postures when handling patients as one of the main contributors? Rationale Stryker EMS recognized the opportunity to provide a product that could reduce the risk of injury to medics and patients during stairway transport. Capitalizing on their technical experience with the innovative RUGGED series of ambulance cots, Stryker EMS applied advanced engineering practices along with biornechanical science to develop the Stair -PRO stair chair models. Metl'iodol0 Independent ergonomic experts studied paramedics transporting a 160 lb, patient down one flight of stairs and around a 90- degree landing using six different types of stair chairs. The simulated task included the intial lift, the descent of the staircase and the negotiation of a landing. Tour video cameras captured the postural measurements of each subject, while a Lumbar Motion Monitor digitally measured the three - dimensional trunk position and motion of the lumbar and thoracic sections of the spine. Biomechanical analyses using these objective measures quantified the risk of lover :r back dis- order (LBD) for each of the six stair chair models. Results The Stair -PRO model 6252 was found to reduce the relative risk of lower back disorder significantly as compared to all other models tested. (see Chart) The study also determined that the probability of LBD is least in "leader forward„ position, and worst in "leader backward, position when carrying a patient down the stairs using models other than 6252.'' Conclusion Patient transport in stairways is a common task that has a high reported back injury rat-. The design of stair chaos can significantly influence operator and patient safety. This testing substantiates Stair-PRO's ability to help reduce the risk of back injury, r MODEL 49 MODEL 107 MODEL 40 MODEL 42 I " Eval ration of the hijtrry Pmfle of Paxnnrel in a Busy thban EX SvVcm, "Hogter. P.T., F11ir, L. Jnrerud of fmrjgr=, A-AY& ne (vat 8, pages 308 -311, 19911). "Stern ld« Patnoe wrd l arul¢e� A7rrvr /e Fatgue mrd 1)iS nnfrn7," n'rLer SF Erynnoixias (w132, par© _'l1 -137, 1989] 'Comparison of Common ial Sxrir Chairs Usmg Dora Fmeloryno,# Amt sit," Hrrmrm Perfannomv Ax( nom, Dept of lndustr al ara Marirf unv6+g Engineering, rf'e stern Uichqun Unh vrsity t:l fva+ 200 2J. ° "Pusnrrnl Analysis o(Pu amedcs Us g Sta r Chairs," Hummr Prrjanance Instirme, tie1N oflndrtsnad and Mom fachrrirg Emtir Beni p, 16estenr Michigmr Urri4crsi v (. furch 100_'1. ` •'Binnrrclwnical Arurh�r� of f'watnedics Usurg Stair Chairs, "Nunann Pn.•formarra lnsritstte, Aep! aflmlut0iul and �ifrnnrfucmtine Errgirrerir{g. A'esrvn :Ltichignn Unirersiq (March 30(11J. 6300 South Sprinkle Road Kalamazoo, iris 49001 -97 99 (PHONE) 1.800_RUGGED6 1 1269.329.2100 / (FAX) 1,269.329.2246 www. ruggadcots .com /wvwt.nrggedstore.com �7Str. ker Corporation 7102 5M IMP REV A AA MODEL 6252 MODEL 6250 r MODEL 49 MODEL 107 MODEL 40 MODEL 42 I " Eval ration of the hijtrry Pmfle of Paxnnrel in a Busy thban EX SvVcm, "Hogter. P.T., F11ir, L. Jnrerud of fmrjgr=, A-AY& ne (vat 8, pages 308 -311, 19911). "Stern ld« Patnoe wrd l arul¢e� A7rrvr /e Fatgue mrd 1)iS nnfrn7," n'rLer SF Erynnoixias (w132, par© _'l1 -137, 1989] 'Comparison of Common ial Sxrir Chairs Usmg Dora Fmeloryno,# Amt sit," Hrrmrm Perfannomv Ax( nom, Dept of lndustr al ara Marirf unv6+g Engineering, rf'e stern Uichqun Unh vrsity t:l fva+ 200 2J. ° "Pusnrrnl Analysis o(Pu amedcs Us g Sta r Chairs," Hummr Prrjanance Instirme, tie1N oflndrtsnad and Mom fachrrirg Emtir Beni p, 16estenr Michigmr Urri4crsi v (. furch 100_'1. ` •'Binnrrclwnical Arurh�r� of f'watnedics Usurg Stair Chairs, "Nunann Pn.•formarra lnsritstte, Aep! aflmlut0iul and �ifrnnrfucmtine Errgirrerir{g. A'esrvn :Ltichignn Unirersiq (March 30(11J. 6300 South Sprinkle Road Kalamazoo, iris 49001 -97 99 (PHONE) 1.800_RUGGED6 1 1269.329.2100 / (FAX) 1,269.329.2246 www. ruggadcots .com /wvwt.nrggedstore.com �7Str. ker Corporation 7102 5M IMP REV A Agenda Item No. 16F3 February 13, 2007 Page 25 of 49 Attachment B -1 Postural Analysis of Paramedics Using Stairchairs EMERGENCY MEDICAL SERVICES Collier County Emergency Medical Services Agenda Item No. 16F3 February 13, 2007 Page 26 of 49 Postural Analysis of Paramedics Using Stairchairs Tycho K. Fredericks, Sang D. Choi, Steven E, Butt, and Anil R. Kumar Human Peiformance Institute, Department of Industrial and Manufacturing Engineering Western Michigan University, Kalamazoo, 11149008 -5061, USA Abstract. The objective of this study was to investigate the working postures, applied forces, and subjective ratings of perceived exertion of paramedics required to transport a victim down a flight of stairs using different designs of stairchairs. A total of six different models of stairchairs were evaluated with three different carrying positions (i.e., follower, leader facing backward, and leader facing forward). Results indicate that stairchairs designed to have the stairwell support the weight of the victim reduced the ratings of perceived exertion and can influence the applied force required to complete the task. INTRODUCTION A normal part of a paramedic's job is to lift, carry, and handle ill and injured patients under difficult circumstances. Unfortunately, high back injury rates have been reported for paramedics (Hogya and Ellis, 1990). Awkward body postures have been identified as one of the main contributors to the reduction of the human rnusculoskeletal system's capacity (Wiker, 1989). Studies conducted by Lavender et al. (2000a; 2000b) identified the transporting of a victim down a flight of stairs using a stairchair as a frequently performed strenuous emergency rescue tasks. With this in mind, the objective of this study was to investigate the working postures, applied forces, and subjective ratings of perceived exertion of paramedics required to transport a victim down a flight of stairs and around a landing using six different designs of stairchairs. METHODS AND PROCEDURES Eight male paramedics with age ranges between 20 and 47 years (mean 31 and std. dev. 8) volunteered to participate in this study. The mean height and weight of these individuals were 1.81 m (range: 1.71 -1.98 m) and 10I kg (range: 58- 12' :) kg), respectively. V The simulated task included the descent of a staircase (20 steps) and the negotiation of a landing requiring a 900 turn. T7te staircase width was 840 mm and each step had a 180 mm rise and a 280 mm run. Four video cameras were positioned to provide the best crthogonal views to the sagittal and frontal planes of each subject (Lavender et al., 2000a, 2000b). Trunk positions were detennined with the Lumbar Motion Monitor (LMM). Six different models of stairchairs (Figure 1) were used in transporting a victim (weight: 70kg) down the flight of stairs and around a Iandin2. Upon arrival, each subject was instrumented with a LMM. Reflective markers were placed over the ankles, the lateral side of each knee, the greater trochanters, the acromium processes, the mid -lute of the elbow, and the mid -point of the wrist breadth dimension. These points were used in quantifying body postures from the videotapes. Three different carrying positions (follower, the leader facing backward, and the leader facing Corresponding.4uthor (Email: tychofredericks wmich.edu, Fax: 1- 616 - 387 -4075, Phone: 1- 616 - 387 -6525) Agenda Item No. 16F3 February 13, 2007 Page 27 of 49 forward) were investigated Three tasks in each descent were analyzed: the initial entry onto the stairs, the mid -point down the stairs, and the negotiation of a 90° turn on a landing. Applied forces on the handles of the stairchairs were determined by mounting Chatillon force measurement gauges on the handles of each chair. Forces Nvere determined foi each position within each simulated task of each stairchair. The sequence of stairchairs and carrying positions was randomized for each subject. Each combination (stairchair and position) was repeated three times. RESULTS AND DISCUSSION Table I reports a summary of mean applied forces by position and task for all six stairchairs. As can be seen in Table 1. Model 6 recorded lower applied force values throughout all positions and tasks as compared to the other chairs. Additionally, the follower position experienced significantly higher loads as compared to the leader position. Tnhlr 1- Sitmmasl of mean %nni;a 4 4f%— c lT.{o.. r 1 k- ...,.t. —4 _ __L_:_ 0Lautua4j uca,Z5„cu w ve UpUruieu oy Lne roiioweraione. Figure 2 depicts the carrying postures and applied forces for the follower and leader facing forward positions. Table 2 reports the summary of mean postural angles of the body for each stairchair, position, and task. In terms of torso flexion, Model 3 was determined to elicit higher mean values as compared to all other chairs. Task 3 was determined to be associated with significantly higher values of torso flexion. Additionally, the follower recorded significantly lower torso flexion values than all other positions. d Applied Force (Newton) Figure 2: Carrying postures and applied forces for the follower and leader facing forward positions (Task 2: middle of stairs). 2 Task I: Initial Task 2: Middle Task 3:90° Turn (Landing) Stairchair Follower Leader Follower Leader Follower Leader Modell 5I0N 270N 51ON 270N SION 270N Model 2 458 N 314 N 458 N 314 N 458 N 314 N Model 3 487 N 269 N 487N 269 N 266 N 101 N Model 4 440 N 338 N 440 N 338 N 440 N 338 N Model 5 398 N 368 N 398 N 368 N 436N 330 N Model 6 71 78 N 40 N 59N 17 N 0 IQ* 0Lautua4j uca,Z5„cu w ve UpUruieu oy Lne roiioweraione. Figure 2 depicts the carrying postures and applied forces for the follower and leader facing forward positions. Table 2 reports the summary of mean postural angles of the body for each stairchair, position, and task. In terms of torso flexion, Model 3 was determined to elicit higher mean values as compared to all other chairs. Task 3 was determined to be associated with significantly higher values of torso flexion. Additionally, the follower recorded significantly lower torso flexion values than all other positions. d Applied Force (Newton) Figure 2: Carrying postures and applied forces for the follower and leader facing forward positions (Task 2: middle of stairs). 2 MODEL 1 MODEL 3 MODEL 5 Agenda Item No. 16F3 February 13, 2007 Page 28 of 49 MODEL 2 MODEL 4 MODEL 6 Figure 1: Six models of stairchairs used in this study Agenda Item No. 16F3 February 13, 2007 Page 29 of 49 Table 2_ qurnmarvnf me-in nnsturnl !nclrgfnrctiirrhnir nneit;nr, anAtnct -(14 e--c Stairchair Position Task (A) Torso (B) Flexion Wpperarm (C) - Forearm i (D) Left I Upper Lea (L) Left er Le M Right (G) Right Leo Follower 1 0 7 40 62 126 61 114 2 -2 4 24 69 91 64 106 3 -6 1 3.i 76 83 68 ( 105 Modell Leader Bw 1 2 0 32 80 83 60 1 101 2 1 1 27 71 104 71 108 3 8 1 35 74 88 j 66 99 Leader Fw 1 -2 1 27 71 104 71 108 2 f -2 0 7 I 76 87 77 88 3 5 1 12 77 8b 68 104 Modell Follower 1 2 23 45 60 124 61 120 2 j 0 5 32 63 105 64 100 3 + -8 2 32 74 93 74 85 Leader Bw 1 8 2 38 77 ; 86 65 97 2 1 1 42 70 95 70 95 3 6 5 33 66 113 68 114 Follower 1 10 12 44 55 128 55 132 2 4 12 32 58 111 59 114 3 -4 10 47 71 94 73 96 Model Leader Bw 1 2 0 38 75 88 68 99 2 3 0 29 74 92 62 96 3 63 0 28 ? 73 93 63 95 Leader Fw 1 10 1 24 76 81 68 101 2 1 f 0 ! 26 78 85 73 84 3 1 63 5 i 9 62 ; 111 61 114 Model Follower 1 -3 13 36 59 119 59 116 2 -6 7 24 68 94 66 107 3 -3 5 47 75 89 61 109 Leader Bw i 1 5 0 38 71 92 67 95 2 R 1 1 43 72 91 65 1 97 3 21 7 30 63 113 1 63 117 Follower 1 -1 5 41 62 108 62 119 2 -2 2 21 70 87 68 99 3 -5 1 34 } 75 83 71 101 Model 5 Leader Bw 1 6 T-T 18 74 S5 67 102 2 2 0 20 73 95 66 96 3 12 0 19 72 96 66 95 Leader Fw 1 2 0 18 73 84 75 90 2 -2 0 19 81 79 68 94 3 I ? 2 16 72 90 71 99 Model Follower 1 10 16 35 64 117 63 120 2 8 11 26 68 95 66 112 3 -6 36 78 79 78 72 98 I 1 Leader Bw 1 5 T 7 j 48 78 83 r 70 87 2 0 8 49 84 75 59 102 Leader Fw i 1 14 I 7 74 88 64 110 2 0 0 10 76 92 72 91 Agenda Item No. 16F3 February 13, 2007 Page 30 of 49 Table 3 reports the means and standard deviations of the subjective ratings of perceived exertion (It.PE) (Borg, 1970) for Stairchair, position, and task. Duncan's Multiple Range test was performed on the means to determine the differences between mean values. The resulting homogenous subsets are indicated in the header (italic letters) of Table 3. As can be seen in Table 3, under the heading of stairchair, Model 6 had significantly lower RPE values compared to other stairchairs across all the treatment combinations. The follower position showed significantly higher RPE values than other positions while there were no significant differences between the leader facing forward and leader facing backwards positions. Finally, there was no significant difference between tasks in terms of subjective ratm' 2s. - l.1.. 2. c,,...-- „f . Aa" /ctr4 rIPV ) RPE scales gross tre.atmeni combinations lam.-J• Task 1: Initial - - -'- - - - -' Task 2: Middle Task 3: 90° Turn (Landing) Follower Leader Leader Follower Leader Leader Follower Leader Leader Position Facing Facing Facing Facing Facing Facing Backward Forward Backward Forward Backward Forward Stairchair (B) (A) (4) (B) G4) (A) (B) (A) (A) Modell 12.1 8.7 8.9 13.0 9.6 8.9 12.3 9.8 9.8 (B. C) (2.I) (1.3) (1.2) (1.8) (1.3) (1.1) (3.0) (1.3) (1.8) Model 2 13.8 11.3 13.9 11.6 12.4 11.9 (E) (2.8) (2.0) * (2.9) (1.8) * (2.3) (2.1) Model 3 10.4 9.6 12.6 10.1 10.0 11.4 10.3 11.4 13.0 (C,D) (1.3) (12) (2.5) (1.0) (1.1) (3.1) (1.8) (1.2) (2.7) Model 4 11.8 10.1 11.5 11.6 11.3 11,0 (D) (2.6) (1.7) * (2.4) (1.9) (2.6) (1.7) Model 9.9 9.8 9.6 10.4 10.6 9.1 9.8 10.0 10.0 (B) (2.4) (1.7) (1.9) (1.8) (1.8) (2.2) (21) (1.4) (2.4) Model 6.8 7.0 7.5 6.8 6.4 6.9 6.3 (A) (1.4) (0.5) (1.3) (1.0) (0.7) (1.2) (05) ** ** * Stairchair not designed for operation in this position. ** Stairchair designed to be operated by follower alone. CONCLUSIONS Results of this paper indicate that the design of stairchairs, coupled with an individual's anthropometry, may significantly influence working postures and applied forces experienced during stairchair transport. Ratings of perceived exertion support the notion that stairchairs designed to have the stairwell support the weight of the victim are less demanding on paramedics. Future designs of stairchairs would be well served to pay particular attention to accommodating the user. Stairehairs designed to minimize awkward postures encountered during patient transport may be able to reduce the risk of injury to emergency rescue personnel. REFERENCES 1. Borg, G. (1970). Perceived Exertion as An indicator of Somatic Stress. Scandinavian Journal ofRehabilitalion Medicine, 12, 219 -230. 2, Hogya, P.T.; Ellis, L. (1990). Evaluation of the Injury Profile of Personnel in a Busy Urban EMS System. J. Emergency Med., 8, 308 -311, 3. Lavender, S.A., Conrad, K.M., Reichelt, P.A., Meyer, F.T., Johnson, P.W. (2000a). Postural Analysis of Paramedics Simulating Frequently Performed Strenuous Work Task. Applied Ergonomics, 31, 45 -57, 4. Lavender, S.A., Conrad, K.M., Reichelt, P.A., Johnson, P.W., Meyer, F.T. (20006). Biomechanical Analyses of Paramedics Simulating Frequently Performed Strenuous Work Tasks. Applied Ergonomics, 31,167 -177. 5. Wiker, S.F. (1989). Shoulder Posture and Localized Muscle Fatigue and Discomfort, Ergonomics, 32,211-237. Agenda item No. 16F3 February 13, 2007 Page 31 of 49 Attachment B -2 Biomechanical Analyses of Paramedics Using Stairchairs EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM Collier County Emergency Medical Services Agenda Item No. 16F3 February 13, 2007 Page 32 of 49 Biomechanical Analyses of Paramedics Using Stairchairs Tycho K. Fredericks', Sang D. Choi, Steven E. Butt, and Anil R. Kumar Human Performance Institute, Department of Industrial and Manufacturing Engineering Western Michigan Universitv, Kalamazoo, M149008 -5061, USA Abstract. The objective of this study was to analyze the biomechanical stresses placed on paramedics while transporting a victim down a flight of stairs using different designs of stairchairs. A total of six different models of stairchairs were used in this simulated study. Three components of each descent (the initial entry onto the stairs, the mid -point of the descent, the negotiation of a 900 turn on a landing) and the carrying positions (leader backward, leader forward, follower) of the paramedics were evaluated. Results indicated that the leader forward position presented the lowest relative risk of low back disorder. Furthermore, stairchairs designed to have the stairwell support the weight of the victim significantly reduced the biomechanical stresses on the body as compared to their counterparts. INTRODUCTION While it is recognized that firefighter /paramedics (FF/Ps) perform a range of potentially hazardous manual material handling tasks (Hogya and Ellis, 1990), very few systematic studies have been conducted to evaluate high -risk activities. The application of ergonomic design to fire service tasks, including emergency rescue tasks, has made very little progress. Studies conducted by Lavender et al. (2000a; 2000b), however, identified the most frequently performed strenuous emergency rescue tasks encountered by the FF/Ps- One of the identified tasks was the transportation of a patient down the stairs and around a landing using a stairchair. This study expands on that study by investigating the biomechanical stresses placed on paramedics while transporting a victim down a flight of stairs using different designs of stairchairs. METHODS AND PROCEDURES Subjects Eight male paramedics with age ranges between 20 and 47 years (mean 31 and std. dev. 8) volunteered to participate in this study. The mean height and weight of these individuals were 1.81 m (range: 1.71 -1.98 m) and 101 kg (range: 58 -123 kg), respectively. I Corresponding,l uthor (Email: tvchofr •edericksta'�?,wmich.edu, Fax: 1- 616 -387 -4075, Phone: 1 -616- 387 -6525) Agenda Item No. 161F3 February 13; 2007 Page 33 of 49 Apparatus and Simulation Task The six different models of stairchairs used in this experiment are depicted in Figure 1. Prior to testing, the distribution of the load each paramedic was required to support was determined by mounting Chatillon force measurement gauges on the handles of each chair. The simulated task was the transporting of a victim down a staircase (20 steps) and a landing; which required a 90° turn. The staircase width was 840 mm and each step had a 180 mm rise and a 280 mm run. Four video cameras were positioned to provide the best orthogonal views to the sagittal and frontal planes of each subject. Trunk positions and motions were measured with the Lumbar Motion Monitor (LMM). Reflective markers were placed over the ankles, the lateral side of each knee, the greater trochanters, the acromium processes, the mid -line of the elbow, and the mid -point of the wrist breadth dimension of each subject. Simulation Procedures Prior to testing, each subject was provided with basic instruction and training on how to operate all the stairchair& Since all the paramedics had experience with stairchairs, the training was brief. A total of six. different models of stairchairs and three different carrying positions (i.e., follower, leader facing backward, and leader facing forward) were presented to each subject in random order. Three trials for each combination were collected. Data Analysis Data were collected on three task components of each trial: the initial entry onto the stairs, the mid -point down the stairwell, and the carry through a 900 turn on a landing (Lavender et al. (2000a; 2000b)). The postural data were extracted from the videotapes using the cameras with the most orthogonal view for the given task. Body segment orientations were expressed in terms of the coordinate system specified within the University of Michigan's 3D Static Strength Prediction ProgramTM (3DSSPP). The three - dimensional trunk postures, namely the degree of forward bending, side bending, and twisting, were obtained from the LMM. Each task component was modeled for each subject in the simulation using the 3DSSPP. Each paramedic's height and weight were entered into the 3DSSPP which then scaled the models according to these anthropometric dimensions. The forces on the handles were assumed to be evenly distributed between the two hands. Postures in the 3DSSPP were adjusted according to each subject's measured posture from the videotape. The shear and compressive forces acting on the spine, particularly the L5/S1 joint, were computed by the 3DSSPP. The logistic regression model developed by Marras et al. (1933) was used to quantify the relative risk of low back disorder (LBD) based upon the trunk motion and dynamometer data. This logistic regression model used the following five factors to determine the probability that the observed task was representative of a high LBD risk task: (1) the lifting rate per hour, (2) the average twisting velocity, (3) the maximum load moment during the lift, (4) the amount for forward (sagittal) bending during the lift, (5) the peak lateral bending velocity. RESULTS AND DISCUSSION As can been seen from Table 1, stairchair, position, task, and the interaction between chair and position all had a significant effect upon spinal stress and variables comprising the relative risk of low back disorder (Marras et al., 199' )). MODEL I MODEL 3 MODEL 5 Agenda Item No. 16F3 February 13, 2007 Page 34 of 49 MODEL 2 MODEL 4 Figure 1: Six models of stairchairs used in this study MODEL 6 Agenda Item No. 16173 February 13, 2007 Paqe 35 of 49 Table 1: Summarized ANOVA results for response variables Response Variable Stairchair F -value (p>F ) Position F -value ( >F) Task F -value ( >F) Chair*Position F -value ( >F) 1-5 /S1 Compression Force 0.001" 1 0.001* 0.001* 0.001* LSJS 1 Shear Force 0.001 * I 0.001 * 0.001" 0.001 * Average Twisting Velocity j 0.001* 0.001* 0.001* O.001* Maximum Moment O.O01 * O.QOI* 0.001* 0.001 Maximum Sa ittalFlexion j O.001* 0.001* 0.001* 0.001* Maximum Lateral Velocity 0,001* ( 0.001* 0.001 * a001* Relative Risk of Low Back Disorder I 0.001 * i D.001* 0.001* 0.001 * * Value of (p---F) which is less than 0.05 indicates that the effect of the factor is significant at a =0.05. Table 2 presents the summary of means and standard deviations of L5 /SI compression forces as determined by the 3DSSPP for the stairchair, position, and task. Duncan's Multiple Range test was performed on the means to determine the differences between mean values. The resulting homogenous subsets are indicated in the header (italic letters) of Table 2. As can be seen in Table 2, under the heading of stairchair, Model 6 had significantly lower compression values as compared to all other chairs. Models I and 5 were not significantly different from each other and Models 2 and 4 were not significantly different from each other. Model 3 generated significantly higher compression values as compared to all other chairs. In terms of carrying position, the leader facing forward position was determined to have significantly lower compression values as compared to the other two positions. The spinal compression force on the followers and the leaders facing backward were, on average, 48% and 53% larger than that experienced by the leaders facing forward, respectively. Tasks l and 3 generated significantly higher compression values as compared to Task 2. Table 2: Summary of mean (std. dev.) L5 /S 1 Comnressions across trearment camhinatinns (Newton) * Stairchair not designed for operation in this position. ** Stairchair designed to be operated by the follower alone. Table 3 presents the summary of means and standard deviations of relative risk of low back disorders across the treatment combinations. Duncan's Multiple Range test was performed on the means to determine the differences between mean values. The resulting homogenous subsets are indicated in the header (italic Ietters) of Table 3. As can be seen in Table 3, under the heading of stairchair, Model 6 had significantly lower probabilities of LBD as compared to a]1 other combinations. Model 3 was significantly different than all other models. Models I and 5 were not significantly different from each other and Models 2 and 4 were not significantly different from each other. All three carrying positions were significantly different from one Task 1: Initial (B) Task 2: Middle (A) Task 3: 90' Turn (Landing) (B) Position Follower Leader Leader Follower Leader Leader Follower Leader Leader Facing Facing Facing Facing Facing Facing Backward Fonvard Backward Fonvard Backward Forward Stairchair (B) (B) (14) (B) (B) (A) (B) (B) (A) Modell 2815 i 1870 1215 2087 1836 1057 1915 1828 1300 (B) (831) (640) (458) (777) {691) 1 (428) 1 (698) (1040) (777) Model 2996 2465 2386 2089 1608 2215 (C ) (725) (794) * (747) 1 (739) * (538) (792) Model 3920 2307 1716 3092 2063 1113 1881 3539 3440 (D) (1372) (794) (841) (1209) (761) (513) (1165) (1102) (899) Model 2433 2354 1743 2195 2211 2978 I (C) (716) (1008) ' f738) (801) ( * (988) (2058) Models 2330 2481 1429 1625 2166 1I59 1791 2411 1310 (B) (938) (948) (588) (707) (922) (544) (510) (1337) (573) Model 1291 1391 1300 1166 1024 718 838 (4) (839) (710) (860) {764) (443) {343) (385) ** ** * Stairchair not designed for operation in this position. ** Stairchair designed to be operated by the follower alone. Table 3 presents the summary of means and standard deviations of relative risk of low back disorders across the treatment combinations. Duncan's Multiple Range test was performed on the means to determine the differences between mean values. The resulting homogenous subsets are indicated in the header (italic Ietters) of Table 3. As can be seen in Table 3, under the heading of stairchair, Model 6 had significantly lower probabilities of LBD as compared to a]1 other combinations. Model 3 was significantly different than all other models. Models I and 5 were not significantly different from each other and Models 2 and 4 were not significantly different from each other. All three carrying positions were significantly different from one Agenda Item No. 16F3 February 13, 2007 Page 36 of 49 another. The relative risk of LBD on the followers and the leaders facing backward were, on average, 31 % and 50% higher than that experienced by the leaders facing forward, respectively. Task 3 posed significantly higher risk than the other two tasks. ..a ,io., % nr 1, f;. r;A- nrlm i Hnrl dicnrder (0 /n) arrnSS trftalment combinations i ame J: 3uniiirni r ui u,cas, tQ .,.., Task 1: Initial (A) j Task 2: Middle (A) Task 3: 90° Turn (Landing) (B) Position Follower Leader Leader Follower Leader Leader Follower Leader Leader Facing Facing Facing Facing Facing Facing Backward Forward Backward Forward Backyard Forward Stairchair (B) (C) (A) (B) (C) (A) (B) ((7) (A) odell 25.8 30.5 19.2 26.3 32.5 16.2 30.3 35.0 28.3 ( (5.7) (9.6) (9.5) 5.0) (8.9) 7.9) (4.2) (7.9) (5.6) ode12 F(D) 27.7 34.5 31.8 30.7 35.2 32.8 (6.4) (9:8) # (8.5) (7.3) (6.4) (12.0) odel 3 16.3 17.3 13.3 14.3 18.6 9.6 2'.2 32.9 39.7 {B} (10.1) (7.5) (8.8) (11.I) f5.2) (6.1) (7.8) (7.7) (8.9) Model 31.4 33.8 30.1 31.3 36.1 36.8 (D) (7.0) (8.6) (7.3) (8.0) ' (7.8) (8.9) Mode15 30.2 33.1 20.6 28.5 34.1 16.1 31.9 33.7 26.4 (C} (1019) (11,0) (12.4) (9.3) (9.7) (9.5) (8.4) (10.3) (10.4) Model 6 15.1 I5.9 14.6 13.0 18.3 13.2 19.4 (A) (11.5) (7.7) (10.6) (10.1) (7.9) 1 (8.3) (7.8) * Stairchair not designed for operation in this position. ** Stairchair designed to be operaeo by the iotiower alone. C+ONCLUSfONS Results from this study demonstrate that although patient transport is a high -risk task, the design of stairchairs can significantly influence the biomechanical loads experienced by paramedics. Designs, like Model 6, can significantly reduce compression force (L5 /S1) and relative risk of low back disorder by using the stairwell to support the weight of the victim and chair rather than the paramedic. Furthermore, stairchairs that are designed to allow the leader to descend the stairs forward facing reduces the biomechanical loads placed on that individual. The negotiation of a 90' turn was determined to be hazardous, thus identifying the need to develop stairchairs which can maneuver easily in tight situations. Overall, this study highlights the importance of equipment design and selection for paramedics and firefighters. REFERENCES 1. Hogya, P.T., Ellis, L. (1990). Evaluation of the Injury Profile of Personnel in a Busy Urban EMS System. J. Emergency Med., 8, 308-311. 2. Lavender, S.A., Conrad, K.M., Rechelt, P.A., Meyer, F.T., Johnson, P.W. (2000a). Postural Analysis of Paramedics Simulating Frequently Performed Strenuous Work Task. Appiied Ergonomics, 31, 45 -57. 3. Lavender, S.A., Conrad, K.M., Reichelt, P.A., Johnson. P.W., Meyer, F.T. (2000b). Bio mechanical Analyses of Paramedics Simulating Frequently Performed Strenuous Work Tasks. Applied Ergonomics, 31, 167 -177. 4. ?vlarras, W.S., Lavender, S.A., Leurgans, S.6 -, Rajulu, S.L., Allread, W. Cs., Fathallah, F.A., Ferguson, S.A. (1993). The Role of Dynamic Three Dimensional Trunk Motion in Occupationally- Related Low Back Disorders: The Effects of Workplace Factors, Trunk Position, Trunk Motion Characteristics on Risk of Injury. Spine, 18,617-628. 5. University of Michigan, Center for Ergonomics (1998). 3D Static Strength Prediction Program (Version 4.0) for Windows 95. The Regents of The University of Michigan. Agenda Item No. 16F3 February 13, 2007 Page 37 of 49 Attachment B -3 Comparison of Commercial Stairchairs using Data Envelopment Analysis EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM Collier County Emergency Medical Services i Agenda Item No. 16173 February 13, 2007 Paae 38 of 49 Comparison of Commercial Stairchairs using Data Envelopment Analysis Steven E. Butt *, Tycho K. Fredericks, Sang D. Choi; and Anil R. Kumar Human Performance Institute, Department of Industrial and Manufacturing Engineering Western Michigan University, Kalamazoo, MI 49008 -3061, USA Abstract Firefighters and Emergency Medical Services (EMS) personnel must perform a wide array of potentially hazardous emergency rescue procedures that often include the use of specially designed rescue and/or transport equipment. One common procedure involves transporting a victim down one or more flights of stairs using a stairchair. Since there are several stairchair models commercially available, the objective of this study was to analyze and compare the performance of six different models following a scenario -based study that involved EMS professionals carrying a patient down one flight of stairs and continuing 90° through a landing. Performance of the stairchairs was evaluated based upon subjective and quantitative measures. Stairchair performance rankings were then developed from the accumulated measures via mean cross - efficiency scores developed with the application of Data Envelopment Analysis. INTRODUCTION Emergency Medical Services (EMS) personnel perform many emergency and rescue tasks that put them at an elevated risk of incurring musculoskeletal injuries. One task frequently performed by EMS professionals involves transporting a patient down one or more flights of stairs using a piece of equipment called a stairchair. The objective of this paper is to compare and rank six stairchair designs (see Figure 1) based on data that measures the effort and relative risk of low back disorder (LBD) (Mamas, et.al., 1993) involved in using the studied chair designs. The comparison of a group of products, such as models of stairchairs, is frequently based on the numerical values of several attributes- In many cases, some products will score quite favorably with respect to one or more attributes, and poorly with respect to others. This can make it very difficult to compare product designs, especially if the designs are based on different usability tradeoffs. To define an overall performance (or efficiency) measure for each product design, one approach is to build an "engineering ratio" consisting of a weighted sum of a product's output attributes divided by a weighted sum of its input attributes (Doyle & Green, 1994). However, developing such ratios is often complicated by the absence of a natural or obvious way to weight the importance of each attribute toward overall performance. Data Envelopment Analysis (DEA) can be used to alleviate the difficulty in defining a set of weights for comparison. DEA is a linear programming technique that allows each product to choose its own set of weights so that it appears in the best possible light relative to the other products being considered. That is, each product selects the weights that maximizes its weighted output to input ratio (Simple efficiency score), subject to the constraints that the weighted output to input ratio of each product is < 1, when subjected to the same chosen weights. Corresponding Author (Email: steven.huttidwmich.edu. Fax: (616) 387 -4075, Phone: (616) 387 -3746) MODEL 1 MODEL .3) MODEL 5 Figure 1: Chair model designs studied. Agenda Item No. 10F3 February 13, 2007 Page 39 of 49 MODEL 2 MODEL 4 MODEL 6 Agenda Item No. 16F3 February 13, 2007 Paae 40 of 49 In DEA, the maximum simple efficiency score of one (100% relative efficiency) identifies a product as a good performer relative to the other products being considered. However, Doyle and Green (1994) suggest that a simple efficiency score can be thought of as a measure of self - appraisal; which may be misleading in that it could be based on a product performing very well with respect to only one or a few desirable attributes. Doyle and Green (1994) also suggest that an alternative measure, based on peer appraisal, can be obtained from DEA in terms of a set of cross-efficiency scores. A cross - efficiency score for product A is obtained from product B by calculating the weighted output to input ratio for product A, based on the optimal weights chosen by product B. A high mean cross - efficiency score is an indication of a good overall performing product design. In this paper we calculate the simple efficiency and mean cross - efficiency score for each stairchair design via a DEA model in which there is only one "input ", and several "outputs" (Caporaletti, Dulla; & Worrier, 1999). METHODS AND PROCEDURES Subjects Eight male EMS professionals volunteered to participate in the data collection portion of this study. The age range of these eight men was from 20 to 47 years, with a mean of 31 years and a standard deviation of 8 years. The mean height and weight of these eight individuals were 1.81 in (range: 1.71 -1.98 m) and 101 kg (range: 58 -123 kg), respectively. Before data were collected, all subjects were given an orientation that included a discussion of the experimental procedures and practice runs with each stairchair design studied. Procedure Six stairchair designs (Figure 1) were evaluated with respect to three different carrying positions (i.e., follower, leader facing backward, and leader facing forward). The task performed by the subjects included transporting a victim (weight 70 kg) down one flight of stairs and through a landing. The testing environment included an open staircase with 20 steps and a landing, which required a 90° turn. The staircase width was 840 mm with each step having a 180 mm rise and a 280 mm run. Four video cameras were positioned to provide the best orthogonal views to the sagittal and frontal planes of each subject. Trunk positions and motions were measured with the Lumbar Motion Monitor (LMM) manufactured by Chattanooga Group, Inc. (Chattanooga, TI). This device measures the motion in the lumbar and lower thoracic sections of the spine. Data Collection Both objective and subjective measures were collected at different times during the experiment. Objective measures were collected during the trials at each of three stair positions (initial step, mid - stair, and landing) using the University of Michigan's 3D Static Strength Prediction Program (3D SSPP) and a Lumbar Motion Monitor (LMM). Postural data were extracted from the videotapes using the camera with the most orthogonal view for the given subtask. Body segment orientations were expressed in terms of the coordinate system specified within the University of Michigan's 3D Static Strength Prediction ProgramTM (3D SSPP). The three - dimensional trunk postures, namely the degree of forward bending, side bending, and twisting, were obtained from the LMM. Biomechanical analyses were conducted on these objective measures to quantify the risk of low back disorder (LBD) (Marras, et.al., 1993) and L5 /S I disc shear and compression. Ratings of perceived exertion (RPE) (Borg, 1970) for each chair /position combination were collected at the conclusion of each trial. Additionally, an 11 -point subjective comfort scale (Shackel et.al., 1969) was administered following three trials of each chair /position combination. (Note : a score of one corresponds to "I feel completely relaxed ", and a score of 1 I corresponds to "I feel unbearable pain "). .4 nal�.-sis To rank the chair designs via mean cross - efficiencies, the DEA methodology of Baker and Talluri °` (1997) was employed. Three separate ranking schemes are presented based on three scenarios. The scenarios Agenda Item No, 16F3 February 13. 2007 Page 41 of 40 differ by the position that the leader is facing. The three scenarios include: (i) leader facing backward, (ii) leader facing forward (two models did not have the capability for this carry - Models 2 & 4), and (iii) leader facing according to the manufacturer's recommendation. (Note: for four models it is recommended that the leader should face backward (Models 1, 2, 3. & 4). The recommendation for the other two models is that the leader should face forward (Models 5 & 6).) The mean values Iisted in Tables 1, 2, and 3 correspond to these three scenarios, respectively. Each mean is based upon an aggregation of the data collected for both the follower and leader for each chair design. The five subjective and objective measures listed in Tables 1, 2, and 3 are the outputs used in the DEA model. The input for each chair is the carrying task itself, and since it is the same for each chair, it is set at unity. Finally, since we wish to maximize desirable output attributes, the reciprocal of all five- output measures are used in the DEA calculations. The simple efficiencies and the mean cross - efficiencies calculated for each scenario are found in Tables 4. 5, and 6, along with the corresponding ranks of the stairchairs (a rank of I being the most desirable). Table 1: Mean Values for Follower! Leader Backward Combination. Chair Model Subjective Carry (11 point scale) RPE (Borg) (6 -20 point scale) LBD ( %) L5 /Si Compression (Newton) L5 /Sl Shear (Newton) 1 4.188 10.906 30.069 2058.4 489.9 2 4.531 12.458 32.118 2293.3 491.5 3 3.938 10.292 20.278 2800.0 484.8 4 3.969 11.208 33.250 2318.9 493.4 5 3.000 10.094 31.910 2134.3 487.3 6 2.313 6.542 13.611 951.7 252.5 Table 2: Mean Values for Follower/Leader Forward Combination. Chair Model Subjective Carry (1 i point scale) "E (Borg) (6 -20 point scale) LBD N L5 /Sl Compression (Newton) L5 /Sl Shear (Newton) 1 4.063 10.813 24-361 1731.4 484.2 3 4.438 11.292 19.240 2527.0 482.5 5 2.750 9.823 21 5.611 1607.5 480.3 6 i 2.250 6.729 12.528 885.5 250.4 Table 3: Mean Values By Manufacturer Recommended Positions. Chair Model Subjective Carry (11 point scale) RPE (Borg) (6-20 Dint scale) ! LBD � ( %) L5 /S1 Compression (Newton) L5 /Sl Shear (Newton) 1 I 4.188 10.906 30.069 2058.4 489.9 2 4.531 12.458 32.118 2293.3 491.5 3 3938 10.292 20.278 2800.0 484.8 4 3.969 11208 33.250 2318.9 493.4 5 2.750 9.823 25.611 1607,5 480.3 6 2.20 i 6.729 12.528 885.5 250.4 4 Table 4: Simple and Mean Cross - efficiency Scores for Follower/Leader Backward Combination. Chair Model Simple Efficiency {self an raisal) Mean Cross - efficiency ( eer -a raisat) Stank 1 0.600 0.544 1 4 2 j 0.525 0.487 6 3 0.671 0.584 3 j 4 0.583 0.536 5 5 0.771 0.598 2 6 � 1.000 1.000 1 Agenda Item No. 16F3 February 13. 2007 Page 42 of 49 'Cable 5: Simple and Cross - efficiency Scores for Foilower /Leader Forward Combination. Chair Model Simple Efficiency (self-appraisal) Mean Cross - efficiency Rank (peer-appraisal) 1 0.622 0.578 4 3 0.596 0.588 3 5 0.818 0.669 2 6 1.000 1.000 1 Table 6: Simple and Cross - efficiency Scores for Manufacturer Recommended Positions. Chair Model Leader Position Simple Efficiency (self-appraisal) Mean Cross - efficiency (peer-appraisal) Ranh 1 Bac1,-ward 0.617 0.572 4 2 0.540 0.507 6 3 -Back-ward Backward 0.654 0.584 3 4 Backward 0.600 0.558 5 5 Forward 0.818 0.685 2 6 Fnrward 1.000 1.000 1 CONCLUSIONS Regardless of the scenario, the design of Model 6 outperforms the other five designs. Mean cross - efficiency scores show that this type of design is a good overall performer, and Tables 1 -3 further substantiate the effectiveness of this design based on individual attributes. From Tables 1 -6, it is also evident that the leader forward position has an advantage over the leader backward position, for all chairs that are capable of using this position. Finally, while rankings have been assigned to each chair design based on cross - efficiency scores, it is difficult to clearly distinguish between the performances of Models 1 - 5. REFERENCES 1. Baker, R.C., Talluri, S. (1997). A closer look at the use of Data Envelopment Analysis for technology selection. Computers & Industrial Engineering, 32, 141 -108. 2. Borg, G. (1970). Perceived exertion as an indicator of somatic stress. Scandinavian Jog {anal of Rehabilitation Medicine, 12, 219 -230. 3. Caporaletti, L.E., Dula, J.H., Womer, N.K. (1999). Performance evaluation based on multiple attributes with nonparametric frontiers. OMEGA, 27, 637 -645. 4. Doyle, J., Green, R. (1994). Efficiency and cross - efficiency in DEA: Derivations, meanings and uses. Journal of the Operational Research Society, 45, 567 -578. 5. Marras, W.S., Lavender, S.A., Leurgans, S.E., Rajulu, S.L. Allread, W.G.; Fathallah. F.A., Ferguson, S. A. (1993). The role of dynamic three dimensional trunk motion in occupationalh-- related low back disorders: The effects of workplace factors, trunk position, and trunk motion characteristics on risk of injury. Spine, 18, 617 -628. 6, Shackel, B., Chidsev, K.D. and Shipley, P. (1969). The assessment of chair comfort Ergonomics, 12, 269 -306. 5 Agenda Item No. 16F3 February 13, 2007 Page 43 of 49 Attachment C Collier County Demographic Characteristics EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM Collier County Emergency Medical Services ,, "1 Agenda Remi Hit. 1 February 13, 2007 Table DP -1. Profile of General Demographic Characteristics: 2000 Page 44 of 49 Geographic area: Collier County, Florida (For information on confidentiality protection, nonsampling error, and definitions, see text) Subject Number Percent Subject Number Percent Total popul ation .......................... 251,377 100.0 HISPANIC OR LATINO AND RACE Total population ............... . .......... 251,377 100.0 SEX AND AGE Hispanic or Latino (of any race). . ......... . .... 49,296 19.6 Male... ................... 125,856 50.1 Mexican.... ............................... 28,382 11.3 . ................ Female ............................... 125,521 49.9 Puerto Rican ............................... 3,071 1.2 ....... Under 5 years ............................ .. 13,441 5.3 Cuban ..... ............................... Other Hispanic or Latino . - .................. 6,860 10,983 2.7 4.4 5 to 9 years ................. 14,444 5.7 Not Hispanic or Latino ......... 202,081 80.4 10 to 14 years ................... ........... 13,677 13,362 5.4 5.3 ........ White alone................ ........ 185,517 73.6 15 to 19 years ............................... 20 to 24 years ............ . .................. 11,708 4.7 RELATIONSHIP 25 to 34 years ............................... 28,262 11.2 Total popul ation.......................... 251,377 100.0 35 to 44 years ............................... 33,458 13.3 In households ......... ....................... 246,587 98.1 45 to 54 years ................. .............. 29,515 11.7 Householder ............................... 102,973 41.0 55 to 59 years ............................... 15,518 6.2 Spouse ........ ....... 59,871 23.8 60 to 64 years ............................... 16,459 6.5 Child ...................................... 54,507 21.7 65 to 74 years ........... . ..... . ... . . ... . .. . . 35,088 14.0 Own child under 18 years ................ 43,790 17.4 75 to 84 years ............................... 21,060 8 -4 Other relatives ............................. 13,453E 5.4 85 years and over ............................ 5,365 2.1 Under 18 years ... _ .. _ ... _ _ ............. 4,155 1.7 Median age (years) ........ ---------- 44.1 (X) Nonrelatives ............................... Unmarried partner ........... . ........... , 15,783 5,261 6.3 18 years and over ............................ 201,436 80.1 In group quarters ................... .......__.t 4,790 1.9 Male ......... . ............................ 100,325 39.9 Institutionalized population................... 2,294 0.9 Female ..... ............................... 101,111 40.2 Noninsfittubonaiized population ...... _........ 2,495 1.0 21 years and over. . . ......................... 194,117 77.2 62 years and over ..................... . ...... 71,479 28.4 HOUSEHOLD BY TYPE 65 years and over ............................ 61,513 24.5 Total households ......................... 102,973 100.0 Male .... .................................. 29,533 11.7 Family households (fatuities).................. , 71,264 69.2 Female ............................ . ....... 31,980 12.7 With own children under 18 years .......... 23,404 22.7 Married-couple family ... . ...... . ............ 59,871 58.1 RACE With own children under 18 years.......... 17,030 16.5 One race ............... . .... . .... . .......... 245,773 97.8 Female householder, no husband present... _ . 7,445 7.2 White ............ . ........................ 216,345 86.1 With own children under 18 years .......... 4,480 4.4 Black or African American ................... 11,419 4.5 Nonfami3j households .. , ..................... 31,709 30.8 American Indian and Alaska Native........... 733 0.3 Householder living alone .......... . ......... 25,26 24.5 Asian ...... ............................... 1,569 0.6 Householder 65 years and over............ 12,248 11.9 Asian Indian ............... . ............. 424 318 02 0.1 Households with individuals under 18 years ..... 25,906 25.2 Chinese ................................. Filipino .................... . ...... . ... . .. 277 0.1 Households with individuals 65 years and over .. 40,560 3PA Japanese . ............................... 78 Average household size ......... .............. 2.39 (X) Korean ................. . ... . ............ 123 Average Family size.................. ......_._ 2.79 (X) Vietnamese .............................. 161 0.1 Other Asian' ...................... ...... 188 0.1 HOUSING OCCUPANCY Native Hawaiian and Other Pacific Islander_... 153 0.1 Total housing units ....................... 144,536 100.0 Native Hawaiian .......................... 23 Occupied housing units ............. . ......... 102,973 71.2 Guamanian or Chamorro ....... . ....... . .. 88 Vacant housing units.......................... 41,563 28.8 Samoan .... . . . ............ . ........ . . . .. 13 For seasonal, recreational, or Other Pacific Islander2 ................... 29 occasional use............................ 34,337 23.8 Some other race .......... . .... _ _ .......... 15,554 6.2 Two or more races ........................... 5,604 2.2 Homeowner vacancy rate (percent) ............. 2.61 (X) Rental vacancy rate (percent) .. . ............... 9.8' {X) Race alone or in combination with one or more other races::' HOUSING TENURE White ........ ............................... 219,705 87.4 Occupied housing units.,................ 102,973 100.0 Siack or African American .. _ .. ......... . ...... 13,778 5.5 Owner- occupied housing units ................. 77,825 75.6 American Indian and Alaska Native ............. 1,354 0.5 Renter-occupied housing units _ ............... _ 25,148 24.4 Asian ....................................... 2,095 0.8 Native Hawaiian and Other Pacific Islander...... 286 0.1 Average household size of owner - occupied units. 2.31 (X) Some other race ......................... 19,920 7.9 Average household size of renter - occupied units. 2.55 (X) Represents zero or rounds to zero. (X) Not applicable, ' Other Asian alone, or two or more Asian categories. 2 Other Pacific Islander alone, or two or more Native Hawaiian and Other Pacific Islander categories. 3 In combination with one or more of the other races listed. The six numbers may add to more than the total population and the six percentages may add to more than 100 percent because individuals may report more than one race. Source: U.S. Census Bureau, Census 2000, U.S. Census Bureau Agenda Item fro. 16x3 F-eoruary 13, ?007 Page 45 of 49 FINANCIAL AND COMPLIANCE AUDIT REQUIREMENTS This section is applicable to all grantees. An audit, performed in accordance with Section 215.97, F.S., performed by the Auditor General shall satisfy the requirement of this attachment. STATE FUNDED The grantee agrees to have an annual financial audit performed by independent auditors in accordance with the current Government Auditing Standards issued by the Comptroller General of the United States. Such audits shall cover the entire organization for the organizations fiscal year. The scope of the audit performed shall cover the financial statements and include reports on internal control and compliance. The reporting package shall include a schedule that discloses the amount of expenditures and /or receipts by grant number for each grant with the department in effect during the audit period. Compliance findings related to grants with the department shall be based on the grant requirements, including any rules, regulations, or statutes referenced in the grant. All questioned costs and liabilities due to the department shall be fully disclosed in the audit report with reference to the department grant involved. CONDITIONS APPLICABLE TO FOR - PROFIT ORGANIZATIONS The method of payment to for - profit organizations is cost reimbursement. For -profit organizations shall request reimbursement as follows: 1. Submit reimbursement requests to the department accompanied by signed invoices and copies of both sides of the payment checks. If the grantee doesn't regularly receive copies of checks from its financial institution, the department may accept other documentation evidencing payment. The invoices must clearly indicate the service or product delivered, date delivered, date paid, item cost, total cost, and the person receiving the service or product. 2. A copy of the approved budget must be in the reimbursement material. The grantee must show which item in the budget corresponds to each item in the reimbursement form. Every item on the reimbursement form must be identical to or clearly included under the approved budget items. 3. The grantee shall submit invoices for personnel services and fees on a time /rate basis. The invoices must identify each individual by name, state the services provided, the time period covered by the invoice, and the hourly rate and number of hours worked for each individual. Appropriate time sheets or time logs must accompany the invoice. 4. The grantee must submit a final invoice for payment to the department within 49 days after the grant ends or is terminated. If the grantee fails to comply and does not obtain a written waiver from the department, all rights to payment are forfeited. 19 Agenda Item No. 16F3 February 13, 2007 Page 46 of 49 SECTION 215.97 F. S. (GRANTS AND AIDS APPROPRIATION) If the grantee receives funds from a grants and aids appropriation, the grantee shall have an audit, or submit an attestation statement, in accordance with Section 215.97, F. S. The audit report shall include a schedule of financial assistance, which discloses each state grant by number and indicates which grants are funded from state grants and aids appropriations. The grantee has "received" funds when it has obtained cash from the department or when it has incurred reimbursable expenses. The grantee agrees to submit the required reports. SUBMISSION OF AUDIT REPORTS Copies of the audit report and any management letter by the independent auditors, or attestation statement, required by this attachment shall be submitted within 180 days after the end of the grantee's fiscal year to the following, unless otherwise required by F. S.: A. Send one copy to: Florida Department of Health Contract Administrative Monitoring Unit 4052 Bald Cypress Way, BIN B01 Tallahassee, Florida 32399 -1729 B. Submit to this address only those audits performed or attestation statements prepared in accordance with Section 215.97, F. S.: Send two copies to: Auditor General's Office Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399 -1450 C. Do not send this report to the state Bureau of EMS. RECORDS RETENTION The grantee shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the department. 20 Agenda item No. 16F3 February 13, 2007 Paae 47 of 49 DISALLOWED EXPENDITURES No expenditures are allowable as grant costs unless they are clearly specified as a line item in the approved grant budget, including approved change requests, or are clearly included under an existing line item. Any disallowed EMS grant expenditure shall be returned to the department by the grantee within 46 days after the department's notification. The costs of disallowed items are the responsibility of the grantee. VEHICLES AND EQUIPMENT The grantee shall own all items, including vehicles and equipment purchased with the state EMS grant funds, unless otherwise described in the approved grant application. The grantee shall clearly document the assignment of equipment ownership and usage; and maintain these documents so they are available to the department. The owner of the vehicle shall be responsible for the proper insurance, licensing and, permitting and maintenance. All equipment purchased with grant funds shall continue to be used for pre - hospital EMS or the purpose for which it was purchased throughout its useful life. When any grant - funded equipment is no longer usable, it may be sold for scrap or disposed of in the customary procedure of the receiving agency. TRANSFER OF PROPERTY A private organization owning any equipment funded through the grant program in whole or in part and purchased that equipment to provide services for a municipality, county or other public agency ceasing operation within five years of the ending date of a grant awarded to the organization shall transfer the equipment or other items to the local agency. There shall be no cost to the recipient organization. This provision is applicable when services cease operating due to a contract ending as well as any other reason. REQUESTS FOR CHANGE After a grant has been awarded, all requests for change shall be on DH Form 1684C EMS Grant Program Change Request, June 2002. The grantee shall obtain written approval from the department prior to making the requested changes. The following changes must be requested: 1. Extension of the grant's ending date. If an extension is being requested, the proposed new ending date shall be identified in the request. The grant extension request shall be received by the department prior to the ending date indicated in the award letter. 2. Changes in the project activities. 3. Redistribution of the funds between entities or equipment approved. 4. Establishing a new line item in the budget. 5. Changing a salary rate more than 10 %. 21 Agenda Item No. 16F3 February 13, 2007 Page 48 of 49 EARLY ENDING DATE If the project accomplishes the listed objectives and all funds have been expended, the grantee may request that the grant be dosed prior to the ending date indicated in the award letter. The grantee shall submit a final expenditure report and a written narrative description of the grant activities and the impact the purchase or training had on the delivery of EMS. SUPPLANTING FUNDS The applicant cannot propose to use grant funds to supplant or replace any county or other funding source. Funds received under the county award grant program cannot be used to fulfill the matching requirement for the matching grant program. DEPOSIT OF FUNDS Matching grant funds provided to an applicant shall be deposited in a separate account and any interest earned shall be returned to the department with the final report. All interest earned shall be documented on the required reports. REPORTS Each grantee shall submit two reports to the department. The due dates for the required reports shall be specified in the letter from the department notifying the grantee of the grant award. These reports shall include, at a minimum, a narrative of the activities completed or the progress of grant activities during the reporting period. A report shall be submitted by the due date whether or not any action or expenditures have occurred. GRANT SIGNATURE The authorized individual listed on page one of the application shall sign each original application. Should this not be possible before the due date a letter shall be submitted to the department explaining why and when the signed application shall be received. The department shall receive the signed application no less than 5 working days prior to the grant review team meeting, published in the FAW. RECORDS The grantee shall maintain financial and other documents related to the grant to support all revenue and expenditures. A file shall be maintained by the grantee, which includes a copy of the "Notice of Grant Award" letter, a copy of the application and department approved budget and a copy of all approved changes. FINAL REPORTS Within 120 days of the grant ending date a final report shall be submitted to the department. The final report shall at a minimum contain a narrative describing the activities conducted including any bid or purchasing process and a copy of all invoices, canceled checks relating to the purchase of any equipment and supplies. If the activity funded was for training a list of all individuals receiving the training shall be submitted along with the dates, times and location of 22 agenda item No. 16F3 February 13, 2007 Page 49 of 49 the training. If the grant was for training to be obtained by staff then a copy of all invoices and payment documents for the training shall also be submitted. COMMUNICATIONS EQUIPMENT The grantee shall have all communications activities, services, and equipment approved in writing by the Department of Management Services, Information Technology Program (ITP). The approval shall be dated after the beginning date of the grant. Any commitment to purchase the requested equipment and service shall also be dated after the beginning date of the grant. EXPENDITURES No expenditures may be incurred prior to the grant starting date or after the grant ending date. CREDIT STATEMENT The grantee ensures that where activities supported by this grant produce original writing, sound recording, pictorial reproductions, drawings or other graphic representations and works of any other nature, notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the program, research reports, and similar public notices prepared and released by the provider shall include the statement: "Sponsored by [Your Organization's Name] and the State of Florida, Department of Health, Bureau of Emergency Medical Services." If the sponsorship reference is in written or other visual material, the words, "State of Florida, Department of Health, Bureau of Emergency Medical Services" shall appear in the same size letter or type as the name of the grantee's organization. One complimentary copy of all such materials shall be sent to the department within three weeks of their reproduction and delivery to the grantee. If the proper credit statement is not included, or if a copy of each item produced is not provided to the department within three weeks, the cost for any such materials produced shall be disallowed. Where activities supported by this grant produce writing, sound recordings, pictorial reproductions, drawings, or other graphic representations and works of any similar nature, the department has the right to use, duplicate and disclose such materials in whole or in part, in any manner or purpose whatsoever and others acting on behalf of the department. If the materials so developed are subject to copyright, trademark, or patent, legal title and every right, interest, claim, or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in the State of Florida, Department of State, for the exclusive use and benefits of the state. Pursuant to section 286.02 (1), F.S., no person, firm or corporation, including parties to this grant, shall be entitled to use the copyright, patent or trademark without the prior written consent of the Department of State. 23 Agenda Item No. 16174 February 13, 2007 Page 1 of 3 EXECUTIVE SUMMARY Approve a budget amendment in the amount of $40,000 for the purchase of equipment and supplies required for the production of sandbags which will be utilized by Emergency Management and the Road and Bridge Department during flood events. OBJECTIVE: To approve a budget amendment in the amount of $40,000 for the purchase of equipment and supplies required for the production of sandbags which will be utilized by Emergency Management and the Road & Bridge department during flood events. CONSIDERATIONS: Certain flooding events, such as that triggered by Tropical Storm Ernesto in August and September of 2006, can be mitigated by the quick deployment of sandbags. Currently there is no capability or capacity for Collier County government personnel to produce sandbags in response to a flood emergency. In some circumstances county government is responsible and the appropriate entity to provide this capability prior to, during and after a flood event. The requested budget amendment will provide sufficient funding to acquire the equipment and supplies required to produce sandbags. A listing of required equipment and supplies is attached. FISCAL IMPACT: Funding for this requested initiative will require a budget amendment moving $40,000 from General Fund reserves to the Road and Bridge Department. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment in the amount of $40,000 for the purchase of equipment and supplies necessary to produce sandbags which will be utilized by Emergency Management and the Road and Bridge Department during flood events. PREPARED BY: Jim von Rinteln, Emergency Management Coordinator Equipment /Supplies Sandbagging Machine (Sandbagger Model II) Allows for a team of workers to fill 1,500 sandbags per hour 50,000 empty sandbags Polypropylene — long shelf life, with ties attached 72 cubic yards of sand (on -hand) Enough sand to fill 3,000 sandbags Shipping to Collier County Shipment of purchased equipment and bags Agenda Item No. 16F4 February 13, 2007 Page 2 of 3 i � • 11 $11,400. $ 2,000. $ 2,000. Total Cost $40,000. Agenda Item No. 16x4 February 13, 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1GF4 Item Summary: Approve a budget amendment in the amount of $40.000 for the purchase of eoupment and suophes required for the product on of sandbags which wil: be uti! zed by Emergency Management and the Road and Bridge Department during fiood events. Meeting Date: 2113!200' 9.00.00 r,M Prepared By James J. VonRinteln Emergency Management Coordinator Date County Manager's Office Emergency Management 1/2312007 9:1741 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 112312007 4:04 PM Approved By Dan E. Summers Bureau of Emergency Ser ✓ices Director Date County Managers Office Bureau of Emergency Services 20f2007 10:40 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 2!112007 438 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 216t2007 4:13 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2f712007 8 48 AM Agenda Item No. 16G1 February 13, 2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation of the Immokalee Enterprise Zone Development Agency and Local Redevelopment Advisory Board to the Collier County Redevelopment Agency to elect a chairman and vice chairman for the Immokalee Local Redevelopment Advisory Board and the Enterprise Zone Development Agency for 2007 (a companion item 16A also to be heard) OBJECTIVE: The purpose of this report is to request the confirmation of the Board of County Commissioners election of Fred N. Thomas, Jr. as Chairman and Richard Rice as Vice Chairman of the Immokalee Enterprise Zone Development Agency (EZDA) which also serves as the Immokalee Local Redevelopment Advisory Board (CRA Advisory Board) in accordance with Section Five A) of Ordinance 95 -22. CONSIDERATIONS: The Immokalee EZDA/CRA Advisory Board, during its annual meeting held on January 17, 2007, unanimously recommended to the Board of County Commissioners that Fred N. Thomas, Jr. be Chairman and Richard Rice be Vice Chairman of the Immokalee EZDA /CRA Advisory Board until its next annual meeting scheduled for January, 2008. LEGAL CONSIDERATIONS: In compliance with Ordinance 95 -22. FISCAL IMPACT: No fiscal impact. RECOMMENDATION: Should the Board of County Commissioners (Item 10 on Agenda) elect Fred N. Thomas, Jr. as Chairman and Richard Rice as Vice Chairman of the EZDA and, consequently, Chairman and Vice Chainnan of the Immokalee CRA Advisory Board, it is recommended that the Collier County Community Redevelopment Agency confirni these appointments of officers on the Immokalee CRA Advisory Board until the next annual meeting of the Immokalee CRA Advisory Board scheduled for January 2008. Prepared by: Thomas Greenwood, AICP Principal Planner Comprehensive Planning Department Agenda Item No. 16G1 February 13, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1661 = —. Item Summary: Recommendation of the Immokalee Redevelopment Area Advisory Board and Immokalee Enterprise Zone Development Agency to the Board of County Commissioners sitting as the Collier County Redevelopment Agency to elect a chairmar. and vice chairman for the Immokalee Redevelopment Area .Adw..sory Board and the Enterprise Zone Development Agency for 2007 (a companion item to Item 16AB). Meeting Date: 2113/2007 9'.00:00 AM Prepared By Thomas Greenwood Principal Planner Date Community Development & Comprehensive Planning 111912007 10:32:47 AM Environmental Services Approved By Mike Bosi, AICP Principal Planner Date Community Development & Zoning 8 Land Development Review 112212007 2:0e PM Environmental Services Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin, 1;2212007 4:07 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1125/2007 3:16 PM Approved By Cornmuinty Planning and Randall J. Cohen Redevelopment Manager Date Community Development & Environmental Services Comprehensive Planning 2!112007 6:47 AM Approved By Community Development & Joseph K. Schmitt Environmental Services Administrator Date Community Development & Community Development 8 211!2007 10:22 AM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 21112007 4:11 PM Approved By Randy Greenwald ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 21212007 8:58 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 21212007 4:17 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 21212007 4:27 PM Commissioners Agenda Item No. 16G2 February 13, 2007 Page 1 of 21 EXECUTIVE SUMMARY To approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. OBJECTIVE: To approve and execute a Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency (CRA) and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. CONSIDERATIONS: Annually, the Community Redevelopment Agency's Site improvement Grant Program is funded at a level that satisfies existing grant obligations from prior fiscal years and future grant opportunities. The purpose of the grant program is to provide an incentive to revitalize the area by providing a matching grant to encourage the private sector to upgrade /rehabilitate their property. The residential /commercial /residential rental (select one) property grant requires applicants to provide a project cost -match of at least 50% - 66% - 75% (select one) with the remaining project dollars supported by Tax Increment dollars generated from the CRA District. For FY 07, a total of $180,000 is budgeted for the rehabilitation grant program. From this allocation, $100,000 is available for new projects and $80,000 is committed and due to previously approved applicants upon satisfaction of all grant stipulations. The site improvement grant application submitted by- Luis Fonseca & Idalia Alvarado, 3095 Linwood Avenue - is scheduled for consideration by the Bayshore /Gateway Triangle Community Redevelopment Local Advisory Board at their February 6, 2007 meeting. FISCAL IMPACT: Sufficient budget exists within the FY 07 Bayshore Gateway Triangle Fund (187) to satisfy this new grant application. A Site Improvement Grant may fund up to 50% of the applicants project cost up to a ceiling of $8,000. This site improvement project totals $8,141.26 and the grant request is 50% of the estimated project cost. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Gateway Triangle CRA that may consider alternative land use plans, modifications to development standards, improvements to infrastructure and incentives to encourage redevelopment. RECOMMENDATION: That the CRA Board approves and authorizes for execution the Site Improvement Grant Agreement between the Community Redevelopment Agency and Luis Fonseca & Idalia Alvardo of 3095 Linwwod Avenue in the amount of $4,070.63. Prepared by: Jon Ogle on January 31, 2007 Project Manager, Bayshore /Gateway Triangle Community Redevelopment Agency Agenda Item No. 16G2 February 13, 2007 Page 2 of 21 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16G2 - Item Summary: To approve and execute Site Improvement Grant Agreement between the Collier County Community Redevelopment Agency and a grant applicant within the Bayshore Gateway Triangle Community Redevelopment area. Meeting Date: 2/13/2007 9:00:00 AM Prepared By Jon Ogle Project Manager Date Community Redevelopment Agency Bayshom- Gateway Redevelopment 1/3012007 11:19:12 AM Approved By Jon Ogle Project Manager Date Community Redevelopment Agency Bayshore- Gateway Redevelopment 1/3012007 11:19 AM Approved By David Jackson Executive Director Date Community Redevelopment Agency Bayshore- Gateway Redevelopment 1/30/2007 12:34 PM Approved By Marjorie M. Student- Stirling Assistant County Attorney Date County Attorney County Attorney Office 1/30/2007 1:32 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1131/2007 7:55 AM Approved By Mark lsackson Budget Analyst Date County Manager's Office Office of Management & Budget 21112007 4:06 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/1/2007 6:31 PM Agenda Item No. 16G2 February 13, 2007 Page 3 of 21 GRANT AGREEMENT BETWEEN CRA AND OWNER FOR SITE IMPROVEMENT FOR BAYSHORE /GATEWAY TRIANGLE REDEVELOPMENT AREA THIS AGREEMENT ENTERED this , day of by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA ") and Luis Fonseca & Idalia Alvarado (hereinafter referred to as "Owner "). WITNESSETH: WHEREAS, in Collier County Ordinance No. 2002 -38, the Board of County Commissioners delegated authority to the CRA to award and administer CRA grants including contracts with owners for CRA grants; and WHEREAS, Owner has applied for a site improvement grant in the amount of dollars; and WHEREAS, the CRA has determined that Owner meets the eligibility requirements and was approved for a grant award in the amount of $4,070.63 dollars on ( "CRA Approval "), which is 50% of the costs to construct the site improvements. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: 1. Owner acknowledges to the CRA that Owner has received a copy of the Collier County Community Site Improvement Grant Program (hereinafter referred to as "Grant Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity to discuss the Grant Program with Owner's counsel or advisor. Owner further acknowledges to the CRA that Owner understands and agrees to abide by all of the terms and conditions of the Grant Program. Owner agrees to the terms and conditions of the Grant Program. 2. Owner is the record owner of property described as 3095 Linwood Avenue. 3. Owner has agreed to make certain improvements to the property pursuant to the grant application submitted to the CRA dated January 22, 2007 attached hereto as Exhibit A and incorporated herein by reference. 4. Owner agrees to complete the construction of the Site Improvements within one (1) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the Site Improvements. FY2007 SIG Agreement Agenda Item No. 16G2 February 13, 2007 Page 4 of 21 5. CRA has approved a grant to Owner in the amount of $4,070.63 to be administered pursuant to the terms of this Agreement based on an estimated cost of $8,141.26. If the actual costs are less than the estimated costs to construct the Site Improvements and less than $8,000, the grant amount shall be reduced dollar for dollar in matching CRA funds as determined by ratio of matching private funds required. 6. Unless prior disclosure is included in the grant application, no Owner, or any immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of the Site Improvements and no Owner, or any immediate relative of Owner, shall receive compensation for labor for the construction of the Site Improvements. An immediate relative of Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by marriage to include mother -in -law, father -in -law, brother -in -law and sister -in -law. 7. Owner agrees to obtain all necessary permits and submit any required plans to the County's Community Development and Environmental Services Division. Upon completion of the work, Owner shall submit to the CRA staff a project summary report, two (2) 8 x 10 after photos, a list of materials and construction techniques used, a list of architects and/or contractors, and any other information specific to the project or requested by the CRA staff. The CRA, through its staff, shall confirm that the Site Improvements were constructed pursuant to the terms of the application approved by the CRA. 8. Within forty-five (45) days after confirmation that the Site Improvements were constructed pursuant to the terms of the approved application, Owner shall be issued a check in the amount of the grant. However, if Owner fails to make the improvements pursuant to the terms of the approved application, or if the project is not completed within one (1) year of CRA approval, or if Owner fails to fund at least 50% of the cost of the Site Improvements, the grant shall be deemed revoked and Owner shall be entitled to no funding. 9. This Agreement shall be governed and construed pursuant to the laws of the State of Florida. 10. This Agreement contains the entire agreement of the parties and their representatives and agents, and incorporates all prior understandings, whether oral or written. No change, modification or amendment, or any representation, promise or condition, or any waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized officer of the party to be charged. 11. This Agreement is personal to Owner, and may not be assigned or transferred by Owner or to Owner's respective heirs, personal representatives, successors or assigns without the prior written consent of the CRA. FY2007 SIG Agreement 2 Agenda Item No. 16G2 February 13, 2007 Page 6 of 21 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. c�) Witness Signature Printed/Typed Name (2) Witness Signature Printed/Typed Name ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: Mad Studeiit- Stirling Assistant County Attorney FY2007 SIG Agreement OWNER: By: Y� p '1CG� PrintedlTyped Name By: x'/ Lur 5 ro SG�rt Printed/Typed ame COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: DONNA FIALA, Chairman Agenda Item No. 16G2 February 13, 2007 Page 6 of 21 THE BAYSHOREIGATEWAY TRIANGLE REDEVELOPMENT AREA SITE IMPROVEMENT GRANT APPLICATION SITE IMPROVEMENT GRANT APPLICATION 041 2007 Luis Fonseca & Idalia Alvarado 3095 Linwood Avenue Agenda Item No. 16G2 February 13, 2,307 Page 7 of 21 SITE IMPROVEMENT GRANT APPLICATION Section 1: Applicant Information Owner Name: 'eve's F AoNs6'44 gM71) XJZW4 g C. 14 ✓0eR ba Owner Address: 30ff L,' X WpA F A(An V_s fY. 1�//x Site Address (if different from owner address): b0/ Legal Description of Site: Daytime Phone: ZM 3Z5 7993 Alternate Phone: g39- 4y 7337 E -Mail Address: Z0vmri4R 0 lk7." .*k . eo t How long have you owned this property? 1 &VAI How long is lease term if leased? (attach copy of lease) Tenant Name (Commercial Only): Tenant Daytime Phone: Tenant Alternate Phone: / Number of Years in Business at Site Address: a Occupational License Number: / Other Tenant Names, if any: First Time Site Improvement Grant Applicant? Yes No ❑ If no, how many applications submitted? Grant(s) awarded? Yes No Details Agenda item [0.11 �2 February 13, 2007 Page 8 of 21 Aer141 Current Ownership Scroll for Additional Information Folio No.1 61480440009 Addresal 3095 LINWOOD AVE Owner Name ALVARADO, IDALIA C Addresses LUIS F FONSECA 309E LINWOOD AVE C NAPLES Stabs FL Z{ 34112 - 3847 Legal NAPLES BETTER HOMES 1ST ADD BLK 3 LOT 38 OR 1361 PG 695 Section Towns Acres Map No. Strop No. 11 so 25 0118 5A11 502000 3 385A71 Sub No. 502000 NAPLES BETTER HOMES 1ST ADD -fA ' J Uao Code 1 SINGLE FAMILY RESIDENTIAL 84 J1 12.4374 2006 Final Tax Roll Latest Sates History (Subject to Change) H all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $86,400.00 Date Book - Page Amount m ed Value $ 51,701.00 1`112006 4133 - 1190 S 220,000.00 SOH - "Save Our Hom se es" exempt value due to cap on asssment increases. http:// www. collierappraiser .conVRecordDetail .asp ?FolioID - 0000061480440009 1/11/2007 (+I I (_) Market Value $ 138,101.00 - SOH Exempt Value $ 101,621.00 ( =) Assessed Value $36,460.00 (- Homestead and other Exempt Value $25,000-00 ( =) Taxable Value $ 11,480,00 SOH - "Save Our Hom se es" exempt value due to cap on asssment increases. http:// www. collierappraiser .conVRecordDetail .asp ?FolioID - 0000061480440009 1/11/2007 .. - . A PR • . 1 P t r Agenda Item No. 16G2 February 13, 2007 Page 10 of 21 Section 2: Project Information Existing Condition of Project (attach additional sheets if necessary): ATTACH "BEFORE" PHOTOS AT LEAST TWO 8X10 COLOR PHOTOS, OTHERS MAY BE ADDED TOACCURATELYDESCRIBE THE SITE). Outline Proposed Improvements in Detail (attach additional sheets if necessary): List Materials to be Used and Construction Methods to be Utilized (i.e. red bricks, wood panels, roof type, etc.) (attach additional sheets if necessary): ATTACH PHOTOCOPIES OF EXISTING CONDITIONS PHOTOS IDENTIFYING AREAS TO BE IMPROVED. ATTACH DRAWINGS OR SKETCH OF IMPROVEMENT& ATTACH COLOR SAMPLES FOR EACH IMPROVEMENT. 7 Agenda Item No. 16G2 February 13, 2007 Page 11 of 21 PROTECT INITIATION AND COMPLETION FORM (to be submitted with Site Improvement Grant Application) 1, 44 F. dwffigM AP s;�tg c. mb" &W , owner /tenant of the property located at 3W16itlr� itox~ A Afn , have the funding and capability necessary to begin the site improvements listed under Section 2 of the completed site improvement grant application and have the ability to complete all improvements within one year of the approval of the site improvement grant by the Collier County Community Redevelopment Agency. Signature pf 9- erlTenant (Commercial only) Date ,� Signature a wner/Tenant (Commercial only) Date (if jointly q�wned or leased) Signature of Owner/Tenant (Commercial only) Date (if jointly owned or leased) Agenda Item No. 16G2 February 13, 2007 Page 12 of 21 Section 3: Project Cost Information Estimated Project Cost: ALL WORK TO BE COMPLETED BYA CONTRACTOR MUST HAVE AT LEAST TWO (2) WRITTENESTIMATES OR QUOTESATTACHED TO THEAPPLICATION. Estimated Requested from CRA D Residential owner - occupied (up to 5&/o of the total project cost, up to, but not exceeding $8,000.) Residential rental (up to 33% of total project cost, up to but not exceeding $8,000.) Commercial (up to 25% of total project cost, up to but not exceeding $8,000.) COPIES OF ALL RECEIPTS AND/OR CANCELED CHECKS WILL REQUIRED UPON PROJECT COMPLE77ON AS PROOF THAT ALL MATERIALS AND CONTRACTED IMPROVEMENTS HAVE BEEN PAID. NO REIMBURSEMENT WILL BE MADE BY THE CRA UNTIL ALL RECEIPTS AND /OR CANCELLED CHECKS HAVE BEEN RECEIVED AND VERIFIED. 2 0'? Date 1/24�, -7 er Signa a Dat S 4f I Dat 8 Now it) Ud u1:4up .estimate Guff Coast Contractors *Sfty v ePC"tent9 1045 CoRkr Center Wary combi d Na ots, FL 34110 Phone- (239) 566 -1090 FAX; (23 9) 566 -2662 License # : CBC 1251116 p.c Agenda Item No. 16G2 February 13, 2007 Page 17 of 21 .fob: 1004 Fst3sisfor. Jay Wright Estimate: Luis Fonseca Customer Job Location Company: Site C Ntact: Customw Name: Luis Fonseca Site Addm-ss 1: Address l: 3095 Linwood Ave, Site Address 2: Address 2: City, state, Zip: City, Slate, Zip: Napier, FL 34104 IACS6011 Prose 9: Home Phone: (239) 325 -7433 Location Bas #: �) Busisees Phone: (___) -- Location Fax #: Fax Number os E2--f " Iasrrrayn Information Posey Infenne ion lusarsiaee Co: Type of Lou: Vehicle Damage Address 1: Paler Tree: Address 2: PbSey Number. CRY. Stater Tap: Deductdrie: MkWaess Prose#: Date of Loss: 11112/2006 Basisess F'ax#: Claim 9: Enadt Address: PROev EHective Danes Adjuster: Structure Detail Structure $6,711438 SubTotal $6,79439 Ovattead (10 %) S679.44 Profit (10 `l.) 5678.44 Structure Total 59,141.26 Total $9,191.26 W V- NOV 10 UO V gaup Agenda Item No. 1662 ebruary 1.3 007 Jch: 1004 Estaoator: Jay Wright �ua�� Total for TOTAL AREA: TOTAL AREA S6,784.38 SFi: 0.00 SFw 0.00 SFC D.00 CF 0.00 PER 0.00 ItAentt # Itua Dtascril "oa # units Ulm Unit Coat Fact, Cast 0 0.00 MOD 50.00 Tom] far TOTAL AREA items: � S0.00 SAL AREA Total for Architectural Feew Areiiteeteral Fees $700.60 SFF 0.00 SFW 0.00 SFC 0.00 CF of PER 0.00 lees # I"= pnsdgtiitrn # Units UIM Unit Cast RXL Cost I ArdAitecwal fees 1.00 FA $700.00 5700.00 Total for Architectural Fees items: - 5'106.00 TOTAL AREA Total For Architeetarai Drsvrkgs -, Arciitechual Drswriaigs $500.00- SFF 0.00 SFW 0.00 SFC D.w CF 0.00 PER R00 Item # lam Description # Units U/M Unit Coat Ezt. Cost 1 Arci iteceual plans 1.00 EA 5500.00 5500.00 Total far Arcititcctural Drawings items: SSM.00 TOTAL AREA Total for Pervailting: P"Iedttixe SM.0D. I SFF 0.00 SFW 0.00 SFC 0.00 CF 0.00 PER 0.00 ! Iteao # item Descrlt6Rl # Units Ulm Unit Cost UL Coact I General constrvcxioa permit LOD EA 5800.00 $800.00 !� Total for Permitting items: 5804.00 TOTAL AREA Total for Scope of Repairs_ Scope oiR"airs $3,78438 I SFF 0.00 SFW 0.00 SFC O.OD CF 0.00 PER 0.00 E Item # Iteaa Description # Units Ulm � Unit Cost -- Ext Cost 1 Re"Ovr chain 8nk femoo poet set is Concrete 1A0 EA $35.00.. $35.00 2 Retnowe d6ain rmk fence - to tr high 8.00 LF S2.50 $20 -00 3 Mstatal EMy 0.00 EA $0.00 SO.OD 4 Repl cehan"Iardpkkatassy 9.00 LF 5115.00 $1,035.00 5 Sarno patch Inge - 3 trips 1.00 M/C 5475.00 5475.00 6 Remove and Replaoe 4 "x4" carport posts 4AO $r4 $75.50 5302.00 Deft Printed 1111612006 Repent : Shuetam f Conftnts Combined Page Number 2 P.9 NOV 1tj tSi U1:41p Agenda Item No. 16G2 Job: 1004 Est maw: Jay Wright Fecr�j a TOTAL,'ARgA Total fnr Scope of Repairs: Scope of Repairs (Coetinaed.) $3,784.38 Item * Item Uasrriytion Units UM TJait Cost Ext Cost rapbce with rivaled 4 "0' pwN and Srmpson ABE44 suvwl- ofipost bases or as specifications per planned drawings 7 Replace chain link terminal post V to V &noes 2.00 EA $55.00 $ 110.00 8 Replace drain link fame 11 -gauge 4' high 8.00 LF S10,00 SSa.00 9 Replace awning window - better grads - to 14 s.f_ 1.00 'EA 1398.40 S398A0 10 Insta ation perAindow - first floor - labor only 2.00 EA 5252.98 $505.96 11 Haub - per track load (6c.y.) 1.00 LOADS S135.02 $135.02 12 Replace grass sod - mish. charge 1.00 M/C $70.50 $70.50 13 Dewlition abor- skilled 9.00 BM 560.00 5480.00 14 Pressure clean driveway - 2 car 1.00 EA $137.50 S137.50 Tote! for Seape of RapArs items: S3,794—% TOTAL AREA Total for General Contradors Fees: General Contraetnrs Fees si'M.00 SFF 0.00 SFW Rao SFC OLD CF 0.00 PER 0.00 Itea # UM DeKriritisa 4 Un to U/M Unit Cost Ert Cost I Labor for processing paperwork 1.00 EA 51,000.00 51,000.00 Total for General Contractors Fors items: $I, M.00 Date Printed 11/16/2006 Report : Sdvmuc t Contents Combined Page Number 3 FROM : SGA Handy Corp SGA Handy Corp. ,4201St' ST SW ;pies, Fl 34117 ,-39.398.7096 To: Luis Fonseca 3095 Linwood Av. Naples, ,F1341.12 PHONE NO. . 239 417 9731 Jan. f1 71tM:133Pm6l2 February 13, 2007 Page 20 of 21 PR0P0SAL .Page No_ of Pages [ _f ob Name: Location: Phone, 239- 325 -7933 Date: 01/22/07 We hereby submit spomfications and estimates for- ]) Installed a new front door, 2) installed a new side door. 3) Repair the fence and gate. 4) Replace the post holding the carport (4). 5) Install a new screen enclosure under the carport. 6) Replace five broken glasses in some of the windows. The price is for the labor and matefials. WE PROPOSE hemby to fYirni� rtotcrial and labor-wm in accordance with these specifications, for the sum cf: Fa& thaasattd two bmdred twenty five and 00 /100 ----- _._�_____ _� — Dollars ($8,225.00 } Payable as follows' 50% up fit alt and the rest when the work is compictc. AU magi is gumanbeed to be as spoci6ed All work to be completed in a workmanlike manncr according To stattdand pnd=& Any alteration or &-vi stien fmm ahovo spccifications involving c-Am costs veil. Tar Executed only upon wrifim order., and wiK bocame an extra charge over and above the estimate. Ail agree- meats oon6ngemt upon sidles, acaident_s or delays beyond oar corAml_ Owner to cwy fire, tornado, and otherny insurance. arc satisfactory and are as specif a Payment will be made as outlined above. Signature Mote: prowl be wit#>dr3twst by us if notaompwd within 30 days are nulban?vd to do tle Signature _ Dam Agenda Item No. 16G2 February 13, 2007 Page 21 of 21 POINT EVALUATION FORM A point system will be used by CRA staff to evaluate projects, using the following table (application must clearly indicate what project provides to get the points associated with that item): Povm FoRm Project Provides Points Available Points Awarded Removal of false fa�ade, awnings, cano ies, porches, si or old em l New porck a and/or canopy 1 1 Construction of new public entrance 1 New signs, on bu:ldm or monument 1 New ' t only 1 Paint con lements the "Old Florida" style 1 I RLs:le consistent with the "Old Florida" style 1 lacement or windows or doors 1 Swales and stormwater improvements 2 of mortar joints for brick or stone fronts 1 Woodwork repair, t or new installation 1 t New Roofmg, rain gutters, or soffit 1 Stucco or siding work 1 c P impro, m ents Carom 2 Dfive"y replacement or:m vement Otesiden tial Jj^ Wa 1 1 Lan rovom nts and ' 'on system 2 Hurricane mtection storm shutters, windows, doors 2 Fencing 1 l Subtotal Other Criteria Applicant has fiunding and is prepared to begin permitting process and hiring of qualified contractors immediately following CRA approval and complete all work within one year of approval by CRA 5 1 Improvements will allow applicant to remedy existing code enforcement p!pblems 5 s 1 time Site Improvement Grant applicant (repeat applicants qualify for points if grant not awarded viousl or 2°d commercial site 5 9 CRA contribution of 25% or less of the total project cost 10 CRA contribution of 260A - 50% of the total project cost 5 Subtotal TOTAL NOTE 1: Any alterations in the project must be pro - approved by the CRA to avoid revocation of fcmdin& In the event that the total funding request from all applies exceeds the amarmt available for this grant cycle, finds will be awarded at the final discretion of the CRA based on the merits provided to the redevelopment area. NOTE 2: Grant is for renovation/improvement Of existing sftv., gas. Gratrot may be awarded for improvements made to "existing" struetm+es as part of a new construction Lion project (e xampte: hurricane quality window roplacemeams on existing structure as part o €residential mom addition or eommarcHd office expansion). Agenda Item No. 16G3 February 13, 2007 Page 1 of 8 EXECUTIVE SUMMARY Recommendation that the Community Redevelopment Agency (CRA) approve CRA staff attendance at 2007 Redevelopment Conference, ICSC North Florida Seminar and 17th Annual Growth Management Summit; authorize payment of 'attendees' registration, lodging, travel and per diem from the Bayshore Gateway Triangle Trust Fund (Fund 187) travel budget; and declare the training received as serving a valid public purpose OBJECTIVE: Recommendation that the Community Redevelopment Agency (CRA) approve CRA staff attendance at 2007 Redevelopment Conference, ICSC North Florida Seminar and 17th Annual Growth Management Summit; authorize payment of attendees' registration, lodging, travel and per diem from the Bayshore Gateway Triangle Trust Fund (Fund 187) travel budget; and declare the training received as serving a valid public purpose. BACKGROUND: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at functions or activities that are of educational, professional or trade serves as a valid public purpose, provided that said functions reasonably relate to Collier County matters. F1� ute 163.356(3)(d) - known as "Creation of community redevelopment agency" — any time after the creation of a community redevelopment agency, the governing i the county or municipality may appropriate to the agency such amounts as the - ,overning body deems necessary for the administrative expenses and overhead of the agency....' Florida Statute 163.387(6) - known as "Redevelopment trust fund" — states: `Moneys in the redevel- vent trust fund may be expended from time to time for the following purposes, when to financing or refinancing of redevelopment in a community redevelopment approved community redevelopment plan: (a) Administrative and overhead �s nc� or incidental to the implementation of a community redevelopment plan adopted by the agency.' Collier County Ordinance 2000 -42 establishes the Redevelopment Trust Fund and appoints the Board of County Commissioners (BCC) as the governing body of the Community Redevelopment Agency and the trustee of the Redevelopment Trust Fund. CONSIDERATIONS: The Bayshore Gateway Triangle Local Advisory Board recommended the CRA Board approve travel and training funding for any CRA staff desiring to attend the Department of Community Affairs (DCA) 2007 Redevelopment Conference, February 28 — March 2, 2007 in Orlando; International Council of Shopping Centers (ICSC) Idea Exchange Seminar, April 18 — 19, 2007 in Polite Vedra; and DCA's 17th Annual Growth Management Summit, May 30 — June 1, 2007 in Orlando. Actual cost per person will vary depending on group travel, number days attended and times of departure from and return to Naples. Agenda Item No. 16G3 February 13, 2007 Page 2 of 8 PUBLIC PURPOSE: To expand the CRA staff's professional development. To attend these conferences for training and education about CRAs and their powers and functions, and redevelopment programs available to CRAs to eliminate slum and blight from the Bayshore Gateway Triangle CRA. Through attendance at conference lectures and tours, attendees will become aware of successful programs and projects in other Florida CRAs and learn from other governmental (city and county) experiences. FISCAL IMPACT: Sufficient budget exists within the FY07 Bayshore Gateway Triangle Fund 187 (Travel Professional Development) to fund the requested conference attendance. Registration fees, lodging, travel and per diem will be paid from FY07 budget. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Gateway Triangle CRA, that may consider alternative land use plans, modifications to development standards, improvements to infrastructure and incentives to encourage redevelopment. RECOMMENDATION: The Community Redevelopment Agency approve CRA staff attendance at 2007 Redevelopment Conference, ICSC North Florida Seminar and 17"' Annual Growth Management Summit; authorize payment of attendees' registration, lodging, travel and per diem from the Bayshore Gateway Triangle Trust Fund (Fund 187) travel budget; and declare the training received as serving a valid public purpose. Prepared by: David L. Jackson on January 30, 2007 Executive Director, Bayshore /Gateway Triangle Community Redevelopment Agency Agenda Item No. 16G3 February 13, 2007 Page 3 of S COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16G3 Item Summary: Recommendation that the Community Redevelopment Agency (CRA) approve CRA staff attendance at 2007 Redevelopment Conference, !CSC North Florida Seminar and 17th Annual Growth Management Summit.: authorize payment of attendees registration, lodging, travel and per diem from the 6ayshore Gateway Triangle Trust Fund (Fund 167) travel budget., and declare the training received as serving a valid public purpose. Meeting Date: 211 312007 200-00 AM Prepared By David Jackson Executive Director Date Community Redevelopment 6ayshore- Gateway Redevelopment 2/1/2007 11:36:32 AM Agency Approved By David Jackson Executive Director Date Community Redevelopment 6ayshore - Gateway Redevelopment 211/2007 11:42 AM Agency Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 21112007 4:32 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 2/5/2007 9:10 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 215/2007 10:10 AM Agenda Item No. 16G3 February 13, 2007 Page 4 of 8 THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS' OFFICE OF URBAN OPPORTUNITY 2007 REDEVELOPMENT CONFERENCE "E'm6racing 9nnova6ve %firatlies for Communi� 9�pt#6dza6on " CONFERENCE TOPICS Constructively Engaging Community Stakeholders, Faith Based Organizations and Anchor Institutions in the Redevelopment Process Alliance building with local entities for the purpose of identifying and optimizing synergies is paramount to the redevelopment process. Join this focused discussion to hear indispensable team building and resource sharing practices. What Drives Redevelopment? Economic Realities, Barriers and Challenges in the Redevelopment Process Without question, economic indicators such as marketplace perception, access to capital, human resources and partnership development all have major impacts on the redevelopment process. Experts will highlight what drives redevelopment from an economic perspective and how to overcome many of the barriers and challenges communities face in today's economic climate. Dealing with the Tough Issues: Population Density, Children, Public Spaces and Property Taxes Community planning is not complete without serious consideration of population density and the overall implications of redevelopment as it relates to children, use of public spaces and property tax impacts. This panel will offer constructive insight on how communities can productively address these challenges and devise strategies to hedge apart these issues. Right Area, Right Timing? Attracting the Right Types of Investment Leading investment strategists will discuss why timing is critical in attracting the right type of investment for redevelopment projects. it is important to know the answers to the who, what, where, when and how relative to opportunities to be successful in securing project funding. This session will assist in gaining knowledge in preparing investment proposals that will get the outcomes you seek. Case Studies: Infill Redevelopment, Mixed Used Retail and Residential This case study workshop will highlight proven ways to create "the perfect combination" by incorporating infill redevelopment, mixed used retail and residential principles in your local projects. These components will be evaluated by industry experts to better assist communities in avoiding potential redevelopment pitfalls. Agenda Item No. 16G3 February 13, 2007 Page 5 of 8 REDEVELOPMENT CONFERENCE Innovative Redevelopment: Historic Preservation and Cultural Tourism Florida is rapidly becoming a model for Historic Preservation and Cultural Tourism. Discover the importance of securing historic designations and using cultural tourism to innovatively promote the unique characteristics of your community. Diversifying Financial Resources in Support of Revitalization Efforts Building a portfolio of diverse financial resources means knowing what local, state and federal dollars are available for projects. This presentation will provide participants with information for community planners and practitioners to support revitalization efforts. What's Hot and What's Not in the Affordable Housing Industry It's no secret that Affordable Housing is foremost among community redevelopment debates in Florida and nationally. Join this discussion with notable specialists to talk about current trends, successful initiatives and some of the major obstacles within the Affordable Housing arena. Utilizing Eminent Domain as a Tool for Revitalizing Urban Communities The acquisition of private space for public use continues to fuel growth management legislation in Florida. Eminent Domain experts will discuss how this concept can be used as an effective strategy for revitalizing distressed communities. Strategic Do's and Don'ts to Effectively Market Redevelopment Areas This workshop on the strategic do's and don'ts to effectively market redevelopment areas takes a realistic approach for identifying factors that enhance the overall marketability of your community. Attendees will learn strategies on how to correct negative perceptions and how to utilize effective communication will be explored. Agenda Item No. 16G3 , 2007 6 of 8 +► REGISTRATION 4:00 -8:00 pm +s HOSTED WELCOME RECEPTION 6:00 - 8:00 pm Join Us for a Cookout and Beach Party. Dance to Reggae by Peli Peli. Overview of the Program CLINT MURPHY ICSC 2007 North Florida Idea Exchange Program Planning Committee Chair President Murphy Land and Retail Services, Inc. Jacksonville, FL THANKS TO THE FOLLOWING Welcome Remarks RECEPTION SPONSORS: GUEST SPEAKER: • Ben Carter Properties -- MAYOR JOHN PEYTON City of Jacksonville • Sembler Company r SEMBLER Jacksonville, FL • Kimco Realty K(' ry —non Curporahon • The Villages /Crossman qbf �,01 GENERAL SESSION and Company 8:45 - 9:30 am • Regency Centers ,.s.sw..,.,. Sponsorship opportunities are available. Log onto www.icsc.org and click on "Events & Programs" to get a copy of the Reception Sponsorship Form or, contact Clint Murphy, Murphy Land and Retail Services, Inc., at +1 904 645 0644 for more information T,. R.,�A�.AP�t�L,r 79 REGISTRATION 7:30 am - 3:00 pm +� CONTINENTAL BREAKFAST SERVED 8:00 - 8:30 am +� WELCOME AND INTRODUCTION TO THE PROGRAM 8:30 - 8:45 am In order to understand who we are today, we have to understand where we came from. Mr. Ray will discuss the fascinating role that St. Joe has played in the history of North Florida over time. The names of Ed Ball, Henry Flagler and Alfred DuPont are forever tied to St. Joe and Florida. GUEST SPEAKER: JERRY RAY Senior Vice President of Communications St. Joe Company Jacksonville, FL GENERAL SESSION 9:30 - 10:15 am Regional Overview Knowing the North Florida market is the key to being successful. A panel of experts will share their insights and knowledge. Agenda Item No. 16G3 13, 2007 ge7of8 MODERATOR: WILLIAM SULZBACHER President Atlantic Coast Developers, LLC Jacksonville, FL PANELISTS: THOMAS CORSO Vice President — Retail Leasing Charles Wayne Properties, Inc. Daytona Beach, FL JOHN M. CROSSMAN, CCIM ICSC Florida State Alliance Committee Co -Chair Managing Director Crossman & Company Orlando, FL SABRINA GIBBONS — Sales Representative St. Joe Commercial Panama City, FL BRIAN PLATOCK Partner The Shopping Center Group Jacksonville, FL FRANCIS RENTZ Senior Director GVA Advantis Tallahassee, FL o ROUNTABLE DISCUSSIONS 10:30 — 11:45 am This workshop session will provide you with an opportunity to sit and meet directly with developers, tenants, city officials and leaders in the industry to discuss the pertinent challenges and issues of the day. MODERATOR: GENEVA HENDERSON Executive Vice President Lat Purser & Associates, Inc. Jacksonville, FL TOPICS INCLUDE: • Impact Fees on Developers and Retailers • Mixed Use /Power Center/ Lifestyle Centers • Lease Clause From the Landlord Perspective • Lease Clause From the Tenant Perspective • Urban Infill Development ✓ • Insurance Issues in Coastal Florida • Due Diligence • Permitting in North Florida • Construction • Law as It Relates to Shopping Centers • Downtown Redevelopment • Restaurant Development • Site Packages From the Tenant Perspective • Retail Management • Networking and Next Gen 9 BOX LUNCH 12:00 noon — 12:30 pm s MEET THE RETAILERS 12:00 noon — 3:00 pm Log onto www.icsc.org and click on "Events & Programs" to get a copy of the Deal Making Table /Booth Request Form. Space is limited, so register today! • MEETING ADJOURNS 3:00 pm Agenda Item No. 1633 February 13, 2007 Page 8 of 8 Save the Date! May 30 -31 -June 1, 2007 Rosen Plaza Hotel Orlando, FL Mark your calendars! The 17th Annual Growth Management Summit will be held again at the Rosen Plaza. Registration information will be mailed and posted here early in 2007. Background: What began in the mid -1980s as an annual meeting of Department and regional planning council DRI coordinators has evolved into a two -day event featuring land use planning and growth management- related topics. Co- hosted by the Department and the Florida Regional Councils Association, attendees include state, regional and local government planners, budget officers, elected officials, school board members, consultants. and others involved in the implementation of Florida's Growth Management Act (Chapter 163. Part II, Florida Statutes). ! G 1 1 i l i r Agenda Item No. 16G4 February 13, 2007 Page 1 of 2 EXECUTIVE SUMMARY Approve a budget amendment for $91,400 to increase budgeted revenues and budgeted expenses for the sale and purchase of aviation fuel at Immokalee Regional Airport OBJECTIVE: To acquire approval of a budget amendment to receive and spend additional funds for the sale and purchase of Jet A aviation fuel because of an increase in sales of aviation fuel. CONSIDERATIONS: In preparing the FY07 budget, the number of Jet A fuel gallons budgeted to be sold was 19,587. Thus far this year 13,098 gallons have been sold. It is anticipated that an additional 40,000 gallons will be needed to supply a Crop Dusting Operation operating from the Immokalee Regional Airport during Fiscal Year 07. For every dollar increase in the cost of fuel, there is a corresponding dollar- for - dollar increase in the selling price. The markup on fuel sales is a fixed amount per gallon. This means that the increase in the cost of fuel purchases is offset by an increase in the amounts received for fuel sales. Because of the increased sales of Jet A aviation fuel, the budget authorization for the amount to be spent on fuel purchases at Immokalee Regional Airport has been nearly exhausted. In order to purchase additional quantities of fuel for the balance of the year, the budget authorizations will have to be increased. Fuel is purchased in 8,000 - gallon increments, therefore 40,000 at $2.49 or $99,600 is projected to be needed for the balance of the year. The budget has $8,200 remaining, leaving an additional requirement of $91,400. FISCAL IMPACT: The fiscal impact of this budget amendment request for Airport Authority Fund (495) nets to zero. The budget for Jet A Fuel Expense will be increased by $91,400. The revenue budget for Airport Jet A Fuel will be increased by $91,400. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment for $91,400 to increase the budgeted revenues and budgeted expenses for the sale and purchase of aviation fuel at Immokalee Regional Airport. Prepared by Debi Mueller, Office Manager, Collier County Airport Authority Agenda Item No, 16G4 February 13. 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16G4 Item Summary: Approve a budget amendment for $91.400 to increase budgeted revenues and budgeted expenses for the sale and purchase of aviation fuel at Irnmokalee Regional Airport . Meeting Date: 2,11312007 9.00'.00 AM Approved By Theresa M. Cook Executive Director Date County Manager's Office Airport Authority 1130/2007 1:25 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 21112007 4:27 PM Approved By Randy Greenwald ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 2/212007 9:12 AM Approved By Michael Smykowski Management 8 Budget Director Date County Manager's Office Office of Management & Budget 2!212007 2:52 PM Approved By James V- Mudd County Manager Date Board of County Commissioners County Manager's Office 2/2/2007 3:4B PM Agenda Item No. 16HI February 13, 2007 Page 1 of 4 EXECUTIVE SUMMARY Commissioner request for Board approval for payment to attend function serving a valid public purpose. OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations /organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Frank Halas FUNCTION/EVENT: Gulf Citrus Country Gala. PUBLIC PURPOSE: Meet and interact with local citrus growers and community leaders. DATE OF FUNCTION /EVENT: March 24, 2007 FISCAL IMPACT: $60.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with resolution No. 99 -410, approve reimbursement by the Clerk for meals provided to Commissioner Frank Halas while serving a valid public purpose. PREPARED BY: Sandra Lea, Executive Aide to BCC Agenda Item No. 161-11 February 13, 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 161-11 Hales Board approval for reimbursement regarding attendance at a Item Summary: Commissioner requests function serving a valid public purpose. Attending the Gulf citrus Country Gala on Saturday, March 24, 2007 a, the LaBelle Civic Center in LaBelle, Florida. $60.00 to be paid from Commissioner Hales' travel budget. Meeting Date: 2 %1312007 9.00:00 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 112412007 12:57 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 112612007 2:42 PM Commissioners Gulf Citrus Growers ASSN. ixc. RECEIVED JAN IS 2007 Agenda Item No. 16H1 February 13, 2007 Post Offfi eel�0M319 LaBelle, Florida 33975 Phone: 863- 675 -218' Fax: 863 - 675 -808' Board of County ..ommi—i Website: www.gulfcitrus.org ,,.,___ EA CHI (OM• f i s D Fy, � Rt(i � (or January 15, 2407 �� j( Honorable Frank Halas Collier Co. Commissioner 3301 E. Tamiami trail Naple FL 34112 on % le Halas, n behalf of Southwest Florida's "Gulf' citrus growers, I cordially invite you to attend the Annual Gulf Citrus Country Gala —a truly fun filled evening out in the country! The enclosed promotional piece and ticket reservation form provides all the details you need to come to LaBelle and join in our "feast" and "fellowship" in the heart of "citrus country "! The Gulf Citrus Country Gala is fast becoming one of the biggest social events for citrus folks, their allied trades and their guests here in the region. Proceeds from the event help extend the association's community and governmental relations programs on behalf of citrus growers. We will be happy to answer any questions regarding this letter and invitation. Ya'll come! erely Ron Hamel w., �, b4 � � ..�7�i✓M � Executive Vice Vice President Agenda Item No. 161-11 GRAB YOUR PARTNER, ROUND UP YOUR NEIGHBORS, KICK UP YOUR HEELS & JOIN US FOR SOME FOOT STOMP'N FUN! ft GULF CITRUS COUNTRY GALA Saturday, March 24, 6:00p.m. -`til? LaBelle Civic Center (Directly Behind City ( Y Hall) 481 State Road 80, LaBelle $120 per Ticket (Admits 2) There will be Steak Dinner ' n Fix -ins Prepared by the Hendry County Cattlemen's Association $1,000 CASH PRIZE DRAWING! Enjoy Auctions & Raffles Country Casual Attire! (] PLEASE SEND ME TICKET (S) TO THE COUNTRY GALA @ IS $120 EA. (ONE TICKET ADMITS TWO PEOPLE) TOTAL ENCLOSED: $ (PLEASE MAKE CHECKS PAYABLE TO GULF CITRUS GROWERS ASSOCIATION AND INDICATE "GALA TICKETS. ") NAME: 'k ADDRESS: CITY / STATE / ZIP: TELEPHONE: RETURN FORM WITH PAYMENT BY MARCH 15`h TO: Gulf Citrus Growers Association P.O. Box 1319 . 5 LaBelle, FL 33975 s Agenda Item No. 1602 February 13, 2007 Page 1 of 3 EXECUTIVE SUMMARY Commissioner request for Board approval for payment to attend function serving a valid public purpose. OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations /organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Frank Halas FUNCTION /EVENT: Economic Development Council VIP Breakfast Meeting, held at the Doubletree Guest Suites, 12200 Tamiami Trail, in Naples, Florida. PUBLIC PURPOSE: Meet and interact with local business and community leaders. DATE OF FUNCTION/EVENT: February 8, 2007 FISCAL IMPACT: $16.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with resolution No. 99 -410, approve reimbursement by the Clerk for meals provided to Commissioner Frank Halas while serving a valid public purpose. PREPARED BY: Sandra Lea, Executive Aide to BCC Agenda Item No. 161-12 February 13, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H2 Item Summary: Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Economic Development Council VIP Breakfast Meeting on Thursday, February 8. 2007, at the Doubletree Guest Suites, '2200 Taril Trail in Naples, Florida $16.00 to he paid from Commissioner Hales travel budget. Meeting Date: 2/13/2007 9:00.00 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 112612007 1:48 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1126/2007 3:14 PM Commissioners I F My, E,DC il4ird of Directors Age l A 16 H2 d Gnt ranFridkin, Pearson, Athan & Crown, P.A. immediate Past Chairman iE Todd E. Cates ECONOMIC DEVELOPMENT COUNCII President and CEO Burr; 0, of Collier County, Floric Gates McVey G�, "'l� Chairman fleet Growing Great Idea JufieA. Schmelzle 3050 North Horseshoe Drive, Suite 120 Senior Vice President Bank of America Naples, Florida 34104, USA President 239.263.8989 • Phone Tammie J. Nemecek 239.263.6021 • Fax Economic Development Council 1866eNa IeS •Toll Free of Collier County January 11, 2007 . . p Vice Presidents edc@eNapieSFlorida.com Carton Diaz President &CEO www.eNa p IeSFlorida.com Gulf Coast American Fabrication Carol E. Girardin Commissioner ,drank 31affas Partner Larson Consultants CPAs, and Advisors Consultants Copier County Commissioner David A. Hart 3301 7amiami Trail East, Bldg F, 3rdfloor Vice President of Government Relations Naps �'L 34112 WCI Communities , _ James A. Warnken Chief Financial Officer & Executive Vice President Dear Commissioner 3-falas. NCH Healthcare System Directors Jeff President President Please be our guest andjoln EDC Bene actor Du f F ndations Collier Campus Edison College Buddy Brunker , and Premier members at the next 'VIP Breakfast. Details are as follo- ws: Public Affairs Manager , EMBARQ S' ep ciaCi �t Presenter. Li ly DeBlieux CEO Widespread Technologies-Xerox d ike Dee, Chief Operati Officer, Boston. RedSQx ng Kent S. Ellert (see enclosedbiographicaldetails) Regional President Gulf Coast Region Investor Relations -Va er n.ag Wachovia Thomas J. Flood Z7pte; ThUrsda , e y brLtary 8: 2007 Tao - 9:0o a.m. President and CEO Collier Enterprises Ltd. John M. Gleeson Location Sponsor. Tice President The Bonita Bay Group Doubalree guest Suites, 12200 2"amiami ?raifWayles, Naples, FL 34110 Brian '. n Vice President of Real Estate Barron Collier Companies This member Gene or lead fLt f ng EDC members lvill"be a goodsource of PresldlasJ. Healy Jr. President information for you, while S`JlPyortiytg the most dynamic business Ave Maria University organization in Collier County. Thomas "Chad" Lund Vice President Lund Capital Group Please RSVP by January 30te to Maureen Christensen, EDC, Vice President at 239 263-8989, Ext. 106. Gulf Bay Group of Companies Terry McMahan President international f Best Regards College , William H. Morgan Senior Vice President Fifth Third Bank Robert Mulhere Vice President RWA, Inc. Naureen Christ en William R O'Neil Law Investor Relations -Va er n.ag P,oe 8, Roetzel &Andress Timothy R. Parry Sr. Vice President & General Counsel Health Management Associates Dr- Richard Pegnetter Dean College of Business Florida Gulf Coast University John Pinholster Senior Vice President Kraft Construction Alan Reynolds Chairman & CEO Wi IsonMi I ler Susan Takacs Associate Administrator Physicians Regional Medical Center Agenda Item No. 161-13 February 13, 2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION /EVENT: Naples Press Club Annual Special Author Luncheon PUBLIC PURPOSE: To participate in the Naples Press Club Annual Special Author Luncheon and network with constituents. DATE OF FUNCTION/EVENT: Saturday, February 24, 2007 FISCAL IMPACT: $35.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Dolma Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, February 13, 2007 Agenda Item No. 16H3 February 13, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H3 Item Summary: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. 'III attend the Naples Press Club Annual Special Author Luncheon on Saturday, February 24, 2007 at the Cypress VVoods Golf and Country Club:. 535.00 to be paid from Commissioner Fiala's travel budget. Meeting Date: 2/1312007 9:00.00 .AM Prepared By Kendra Hastings Executive Aide to the BCC Date Board of County BCC Office 112612007 1:91:23 PM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 112612007 1:45 PM Approved By James V.Mudd County Manager Date Board of County County Manager's Office 112612007 3:16 P M Commissioners Agenda Itemo� oi3 February 13, 2037 Page 3 of 3 LUIIIICHMIWti;<i; �ei�a�rrlm�. r� '� P,L.I(R�iiiipr#�Jaxj1 NAPLES _PRESS _CLUB @LISTSERV.NAPLES.NET (Hot line for NPC members) RW" PJason AOL.COM o: NAPLES _ PRESS _CLUB @LISLSERV. NAPLES. NET WHEN: Saturday, %Februa 24 2 7 at noon (but come earlier) WHERE: Cypress s Golf and Country Club WHAT: Annual Special Author Luncheon / February NPC event 7 Talk and Book Signing Alafair Burke / >Crime Novelist >former Deputy District Attorney >Law Professor at Hoftra University >Expert Trial Commentator - Court N and elsewhere Please reserve ) __ seat(s) for the Luncheon with Alafair Burke at $35 each. (on Feb. 24 at 11:45am at Cypress Woods Golf & Country Club) Enclosed is my check for made out to: Naples Press Club Luncheon cholce(s): V'� chicken Name Address Phone fish Mail to: Naples Press Club, 2390 Tamiaml Trail N., Suite 210, Naples, FL 34103 please feel free to circulate this message to other individuals and groups SEE ALSO authorsandbooksfestival.org Monday, January 15, 2007 CompuServe: Fiala2000 Aaenda Item No. 16H4 February 13, 2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function /event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: 2007 Women of Style 10th Annual Awards PUBLIC PURPOSE: To participate in the 2007 Women of Style 10th Annual Awards and network with constituents. DATE OF FUNCTION /EVENT: Thursday, March 1, 2007 FISCAL IMPACT: $100.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, February 13, 2007 Agenda Item No. 161-14 February 13, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H4 Item Summary: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the 2007 Women of Style 10th Annual Awards on Thursday. March 1, 2007 at the Naples Grand Resort: 5100 A0 to be paid from Commissioner Fiala's travel budget. Meeting Date: 2/13/2007 9.00.00 AM Prepared By Kendra Hastings Executive Aide to the BCC Date Board of County BCC Office 112612007 1:20:14 PM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 112612007 1:44 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office V26!2007 3:34 PM Commissioners LL C o �*i 7. As s .a ;C" 3�� r� $2500 eacn, includes premium seating to, 10 (I m.ied availabi'.ity) $ $200 each ticket $ $100 each ticket $ $25 each $ for $100 $ $_ _ I am unable to attend Enclosed is my tax deductible contribution to The Community Foundation of Collie, County for $ Online Payment Go To wwwcfcolliercxg Credit Caro Payment (please circle one) Vasterca•d Visa Card Numbe, P'I- Authorized Slgnatire Billing Addre Contact Pno c�: are ra, da7ucoc IL trn 5y, (-1 y.x;r P3Y'rrr: s ta" •:JC-sJcobie Sea ---j 7ra pe era w -r e s;ye Exp. Agenda Item No. 161-15 February 13, 2007 Page 1 of 4 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: Marco Island Historical Society Spring Appraisal Faire Silent & Live Auction PUBLIC PURPOSE: To participate in the Marco Island Historical Society Spring Appraisal Faire Silent & Live Auction and network with constituents. DATE OF FUNCTION /EVENT: Saturday, March 3'd, 2007 FISCAL IMPACT: $75.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, February 13, 2007 Agenda Item No, 16H5 February 13, 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1GH5 Item Summary: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Marco Island Historical Society Spring Appraisal Faire Sala Live and Silent Auction on Saturday, March 3, 2007 at the Hammock Bay Golf and Country Club. Naples: $75.00 to be paid from Commissioner riala's travel budget. Meeting Date: 2/13/2007 900:00 AM Prepared By Kendra Hastings Executive Aide to the BCC Date Board of County 13CC Office 112612007 1:40:17 PM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 1126(2007 1:44 PM Commissioners Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 112912007 8:39 AM Please join the Marco Island Historical Society for one or both very special events SPringAPPraisai Faire Gala Dinner "Black Tie Marco Island Style!" Friday, March 2, 2007 4. 6 p.m. -10 p.m. 1360 Caxambas Court - Marco Island Join us for a gala evening at the home of Marie & Cindy Murlowski. Meet the guest appraisers who will dine with patrons under a tent overlooking beautiful CamEmbas Bay while enjoying an elegant dinner and an evening filled with live music. (RSservations are ted to 100 guests.) SPringAPpraisal mire S4 nt &Ave Auction BisUonably Casua, sre� 5 Saiurda ,' � 3,2007 z'10 p.m. M06"" Ct 1370$orghese�Lane 1.` 'lhe Hammock Bay Golf as refreshments, plus sumptuous stars, and under the tent afthe much more. Wes Cowan, star F, Roadsho,u wiir one try Club has,been reserved exclush is, valet parking - a great night out silent auctions including vacation j 'BS's History Detectives and feature live auction.: {Reservations are limi ALL PROCEnsiviLtivuwrfTwMARco Isr nNn lbsTmucAL Soc»'s dinner and an evening filled with live music. S rin A r- _ a faire P � P� bly eas S;:f 007' ;m NO. 16H5 arV 13, 2007 Py ge 3 of 4 ock G., va i i Ne.) `h very spec dinner )P.M. Meet the gu Bay while e iffilted to 1 FVe , ,u P.M. Agenda Item No. 16H5 February 13, 2007 Page 4 of 4 In is A 5 ran A p raj, s z p o .w.. ra1're Re Card Please complete this card and return it by Febryary 14, 2007 ' O YES, I twill attend the Gala Friday night dinner with the ,appraisers at Cindy & Mark MurlowsVs home ($250 /person).. YES, I will attend the Saturday live and Silent Auction event at Hammock Bay Golf and Country Club ($75 /person). (Please note tbatguew attending the. Friday night dinner may purchase tUctsl tt h�es�Su�atuur mg t xper jWson.) O I will not be able to attend, but would like to zke a donation to the Marco Island History Museum in the amount of $ O I would like to make a donation to the live and/or silent auction. Please contact me. (To donate an item, lllUIS must receive your reply no later than January26, 2007.) Please Reserve Tickets for. Friday Night Event - March 2, 2007 Attending: Saturday Ni ht Event - March 3, 2007 N° Attending. Name(s) Amt end osed $ 7 Address 44&3 �,q Phone 7 -? 111 — E -mail Address Thank you for your support► Please make checks payable to: MARCO ISLAND HISTORICAL SOCIETY Pmceedsfrom the Springllp "isal Faire beneft tbeMIlYSMu.=n Building Fund (11 75 ofthe March 2 event is tax deductible and W of ihcMaro5 3 event it tax deductible.) Forfuriber information please call Lynn .F y'neider at 28.E -7858 Join us for n gala evening at the home of Mark & who will dine with patrons under a tent overlooking b dinner and an evening filled with live music. Sprint IL `h very s�iecial e -)inner P.M. lowski. Meet the guest ar 'Jas while enjoyin is ted to 100 gues ve Aucti, D.M. Agenda Item No. 161-16 February 13, 2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: Physicians Regional Medical Center Good News Gala PUBLIC PURPOSE: To participate in the Physicians Regional Medical Center Good News Gala and network with constituents. 1- DATE OF FUNCTION/EVENT: Saturday, January 27th, 2007 FISCAL IMPACT: $35.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, February 13, 2007 Agenda Item No. 161-16 February 13, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H6 Item Summary: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Physicians Regional Medical Center Good News Cala on Saturday. January 27, 2007 at the Physicians Regional Medical Center, Naples, :35.00 to be paid from Commissioner Fiala's travel budget. Meeting Date: 21131200-1 9.00:00 AM Prepared By Kendra Hastings Executive Aide to the BCC Date Board of County BCC Office 112612007 1:45:54 PM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 112612007 1:47 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 112612007 6:57 PM Commissioners Agenda Item No. 166 February 13, 2007 Page 3 of 3 'The Trustee off' Physicians Regional Medical Center, Collier Boulevard ! Request the Honor of Your Company at a GOOD NEWS GALA f To Celebrate the Opening of Your New Hos it a l: r Saturday, the Twenty Seventh of January Two Thousand and Seven Six to nine o'clock in the Evening 8,900 Collier Boulevard, le al d, Naples Music by The Naples Philharmonic Heavy Hors d' Oeuvres — Black Tie Hastin sKendra Subject: New Hospital Gala "Good News Gala" Location: @ Physicans Regional Medical Center 8300'Collier Boulevard Start: Sat 1/27/2007 6:00 PM End: Sat 1/27/2007 8:30 PM Recurrence: (none) Black Tie RSVP with Michael Mastej 1/22/07 $X00 per person (put on agenda for reimbursement) � �,y11. �r Agenda Item No. 161-17 February 13, 2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function /event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: Marine Corps League Honor the Free Press Day Luncheon PUBLIC PURPOSE: To participate in the Marine Corps League Honor the Free Press Day Luncheon and network with constituents. DATE OF FUNCTION/EVENT: Wednesday, March 14, 2007 FISCAL IMPACT: $25.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, February 13, 2007 Agenda Item No. 1nH7 February 13, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H7 Item Summary: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Witt attend the Marine Corps League Honor the Free Press Luncheon on Wednesday.. March 14, 2007 at the Hilton Hotel. Naples, 525.00 to be paid from Commissioner Fiala 's travel budget. Meeting Date: 211312007 9:00:00 AM Prepared By Kendra Hastings Executive Aide to the BCC Date Board of County BCC Office 1126!2007 1:05:09 PM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 1/2612007 1:49 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1/2612007 3:00 PM Commissioners ,—�flazinE cotp, -ZEaau£ of CJ Va#fzl G J Bzilson 2�EtacgrnEnt Agenda Item No. 161-17 February 13, 2,007 Page 3 of 3 �}B/ zipsson 1�Et,2An2/£nt of (t�i7E/�a /ziLLn/E (2onz/ps Lp Eay %uEno f o b1apLES, J�E �J Va�1LES DzESS C...LuU, anal SrhE CJ Va1�LES cgatngET oI C._.OmmEZCE zEquzst you-, attEnda/ncE at ��iE ��zizd o¢nnua� ��onoz t�E �zE£ �zE11 1�ay� Q%Ednzaday, e�azeg 14, 2007 1'unckeon at 11 a.m. _Xe cA ton 070tEL, 5111 Damiami 97,ai[ ,=-Aortg, D&I y£az l LP20TEE iS L.ou CJ\Eda, o f GliEda _CfDzoduetions. CJ\ECOyniZEd intEw2ationaffypas OnE of t4E %nations outstanding docummnttaty film /m� akEZS and thpe zEeipiEnt ornnumEwai auTazds and TECOgnition dazing phis dipstinyaLL -af eazEEZ, IC- F-dppa gal %lzoduCEd MOTE tfian 400 &y4 9uafity fl &21 foz n£twozk and cagle tELEvLlon e%zannEls J sucg as :v4iitozy, c &4f, and Eio9zap4Y. U l QL �uELL, z£tiTEd c4iE f Editoz of t12£ G ISOCCREEd NESS �nt£znationa� 1340to C hEZations, wiff intzoducz c=f�Eda. pp GJ\EsETVations in advanCE Only r�1L£QSE. Eai24 TESEzvation must 9z accom�aniEd gy $25.00 nopn -zE funda�[E AEck vt %2ETSon, stating namE o f yuESt, and 14ouLd L z£mitted L7y 1 rnn�� /�77 J�/lazc9 7, 2007 to: ,-- MazinE C ozpl _fzaguE, c/O iChaEl JzE�1nQn, 2900 duff cSfoz. Bf d. :=N-. #113, l�a�LES, 151f,"ida 34103. (— Sozzy, no arafk-ins �+ pP Pcep / INA1 G15on1o2Ed Uy �ifth Jlzizcl San FIFTH THIRD BANK- Agenda item No. 161-18 February 13, 2007 Page 1 of 4 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: ULI Southwest Florida District Council Meeting Winter Institute PUBLIC PURPOSE: To listen to speakers about their thoughts on the trends and directions that development is expected to take in Southwest Florida. DATE OF FUNCTION /EVENT: February 22, 2007 FISCAL IMPACT: $75.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: February 13, 2007 Agenda Item No. 16H8 February 13, 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS item Number: 16H8 Item Summary: Commissioner Coletta requests approval for reimbursement for prepaying for a function serving a valid public purpose. Commissioner paid in advance to register to attend the Urban Land institute (ULI) Southwest Florida District Council Meeting - Winter Institute on February 22, 2007 and is requesting reimbursement in the amount of $75.00, to be paid from his travel budget. Meeting Date: 2/1312007 9.00.00 AM Prepared By Nancy Rostak Executive Aide to the BCC Date Board of County BCC Office 1/30/2007 8:55:07 AM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 1!3012007 10:07 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 113012007 12:36 PM Commissioners 1 Ott Annual Winter Institute on the Guff Treads & Dirctctiaris io Real Es tote Development— Where's the "Greien " in 2007? February ??, 2007 Naples f!°.fhon Hotpf_ Nt pl,-s (LIS 4 f and Pine Ridge Rd.) Program: 3:OC AV - 12: 00 rroorr zrre.akfas€ & iunch irtciuded) Feanired j011n C-iSC_F1e. , r! JiUrCaU 04 L.C)ITStdE�'1 ; }lJir 't3Crl Hand; >~ishkind, PhD, ; isF.l ind &Associate Anthony Flint, lincoln hnstitute for Line! Poiicy Jennifer ? arigw fl, Ph,D, Gregclry Miller, SunT!vSt Daoks, hnc_ Bwnarjette Upton, LELJ - e`rt4;r-d int -erior, Design r U,' turer ,and ConSUStlint on Cr''en Budding For t{9t,,`traMn, Gaff SM. 327-5017 ory t webs& at vwwti:�ti,+fkxic;�iutr:a.� MCrn�r�rs NS, NrxrMerrbea $165 Yourxj teade, . S95, Pub,(c Sector S75 Stvdt nt 875 F§em Ff e sust 'in CorpWite Spar>scvs: Pkare c=ntW Hea; txr frarxn at Fwfrancis7: sad coin wvith a tcwrpk-tc-d rfaan farm far}Ae�ur tuo Sponsors: VVIllsont klier, Barron Co4fi °r C©rrrpanies, ca7,dgrr_ratxyWe= Heidt & Associates, Archi$ ure, Inc.., SunTrust, Wachovia P I avifined¢r Award Luncheci-i to toffovv. Additional in#om'itation io come, Registration Page: http_:1 /www,u_1i_ /mister /index . cfm?id = _2168 Information Page: http.://www.uti.org/events/index.cfm?id=2168 You are receiving this communication because of your affiliation with ULI. Members of ULI, can contro' E -mail preferences at myULl.00r . Members and non-members can also send requests to the address below, or E -mail Do_Not Disturb. ULI values your privacy and vie do not sell or exchange E -mail addresses, ULI -the Urban Land institute; Dept. 186; Washington, DC 20055 -0186 1/24/2007 ULI Southwest Florida District Council Meeting Winter Institute ,bruary 22, 2007 o118 -0707 Registration Types and Fees: ❑ Member $145 ❑ Non - Member $165 ❑ Young Leader $95 L%?' Student & Public Sector $75 ❑ Media - Complimentary ❑ Send me ULI Membership Info Registration Deadline: February 19, 2007 After 2 /19 /07call 992 -2291 Confirmations will be emailed. Sorry, fax, checks and P.O. s received after the registration deadline will not be included in meeting registry or guaranteed a prepared name badge. fund requests must be submitted in writing no sr than the above registration deadline; refund requests will not be accepted after this date. Fax request to: 202 -624 -7147. REGISTRATIONS y113, z 0077 Payment Methods: {Please check the appropriate# 4 of 4 ❑ CREDIT CARD: FM: �►X: 1- 800 - 248 -4585 R Visa ❑ Mastercard ❑ AMEX o Diners ❑ Discover ❑ Carte Blanche Card Number: _ Exp. Date: 7 wl( ./ y Signature ❑ CHECK: r CALL: 1-900 -321 -5011 - Telephone registration is required to ensure inclusion in the registry of attendees and to obtain a prepared name badge. Make Checks Payable to: ULI Southwest Florida Mail check with completed registration form to: ULI Southwest Florida District Council Department 304 Washington, DC 20055 -0304 ❑ PURCHASE ORDER: (Public Agencies Only) FAX: 1- 800 - 248 -4585 - Fax copy of signed P.O, and completed registration form to ensure inclusion in meeting registry of attendees and to obtain a prepared name badge. Payment to follow by check payable to: ULI Southwest Florida Mail check with Purchase Order & original registration form to: ULI Southwest Florida District Council Department 304 Washington, DC 20055 -0304 If payment has not been received prior to the registration deadline date, a credit card guarantee will berequired on -site. No credit card charges will be processed if payment is received within 1 week of the meeting date. IMPORTANT: The following information must be completed: ULI Member ID # Name _N C 0 1 L2 Informal Name for Badge, N Company Address 33{1 ( —1 City /State/Zip IJ APLFST y aq i 12- Telephone �2'A1) -1 -1 ti - X3391 Jax 81'18 -0707 * Email is required in order to receive a confirmation* For multiple registrations, please duplicate this form. Agenda Item No. 16H9 February 13, 2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: Everglades City Hall Restoraton Celebration PUBLIC PURPOSE: To commemorate the restoration of Everglades City's City Hall after the devestation of Hurricane Wilma. DATE OF FUNCTION /EVENT: January 27, 2007 FISCAL IMPACT: $20.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: February 13, 2007 Agenda Item No. 16H9 February 13, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1GH9 Item Summary: Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Everglades City Hall Restoration Celebration as a Keynote Speaker on January 27, 2007 and is requesting reimbursement in the amount of S20 00, to be paid tram his travel budget. Meeting Date: 2/13/2007 9.00.00 AM Prepared By Nancy Rosiak Executive Aide to the BCC Date Board of County BCC Office 1130/2007 9:38:98 AM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 1130/2007 10:02 AM Commissioners Approved By James V. Mudd County ru`:'anager Date Board of County County Manager's Office 113012007 12:38 PM Commissioners i vergladrs City l Ui %, as buih in 1928 as the nrst collier County CCliTthou's.. i cr lie County scat moved to Fa,t Ttiap?es in lvC2, it Naas t.il.en over by the Cit} and h:s suicc served as a f.,c.I peitu for both City and C(AM I'V enim:vL. L *: Octobcr 2vOJ, CnN 1-111 was sclereh ciur'�:Iued by Hurricane Vi iinw and rmd red unusable. After ostensive r,^ i.tirtiin rye arc proud to announce that City 1-1-211 is a:;ain read} u) resunnt its historic importance in thr coms;ututy. 'Wc wish to tliauk the staff at Yr \L4 (the Fedora] Emergency 114anarement Agency] for thou cpaicL and svmpatheYic respons.- to din old buildin�'s plight, to the Florida Department of State for their support ;-mj aid, :std Lo Cul3ier County Manager ,Jim Mudd for his unvravciing backine or,cr tin yeas_ 111 addrtlon, wc- eould not i vc accepiplished ii:c thornu:�h and spccdv r.:furbisiin:rtt Nvithom t_ie 1 !ls and dedication of J. 1_ Bruce Construction, 9UVP to Mayor Sammy Hamilton City of Everglades City P O Box 110 Everglades City, FL, 34139 telephone: (239) 693781 Everglades City lfaff Westoration Cerebration JKayorSammy J'Tamdton is pleased to invite you to attmd tFte Gafa V66on- Cutting Ceremony Satur anus 27 2007 Everglades City, TFforida 10:30 a.m. Antique Cars Enter Town 11:00 am. OPENING CEREMONY 11:45 a-m. Ribbon - Cutting followed by tour of building 12:00 Lunch in the Pavilion Local Musicians 1:30 p.m. GRAND PARADE - Everglades City Pfaff ' W estoratwn Celebration Mayor Sammy Hamilton requests the pleasure of your company at th` grand Oafs' chi Buffet 2�• Saturday, anua 2T, 2007 at s: ao Seafood Depot Restaurant, Eve'fades City >} RSVP by Wednesday. January 24 to Mayor Sammy. Hamilton, telephone (239) 695 -3781 or fax (239) 695 -235(] City of Ever6lades City, P 0 Box 110, Everglades City, FL, 3.1139 Agenda item No. 16N9 February 13, 2007 Page 3 of 3 Agenda Item No. 16H10 February 13, 2007 Page 1 of 5 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: Southwest Florida Transportation Initiative Pre - Session Legislation Event PUBLIC PURPOSE: To preveiw the 2007 Legislative Session DATE OF FUNCTION/EVENT: January 29, 2007 FISCAL IMPACT: 535.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: February 13, 2007 Agenda Item No. 16H10 February 13, 2007 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H10 Item Summary: Commissioner Colette requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend Southwest Florida Transportation Initiative Pre - Session Legislation Event on January 29. 2007 and is requesting rembursement In the amount of $35.00, to be paid from his travel buaget. Meeting Date: 2113/2007 9.00 00 AM Prepared By Nancy Rosiak Executive Aide to the BCC Date Board of County BCC office 113012007 8:54:03 AM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 113012007 10:01 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1/3012007 12:40 PM Commissioners Agnoli, Barber & Brundage AIM Engineering & Surveying, Inc. Ajax Paving Industries Alico, Inc. ALLETE Properties Inc. Ambitrans Ambulance & Wheelchair Service APAC Arthur Rutenberg Homes Ave Maria University Barraco & Associates, Inc. Barron Collier Company Bonita Bay Group Bonita Springs Chamber of Commerce Bonita Springs — Estero Association of Realtors Cape Coral Construction Industry Association The Cape Coral Council for Progress Carter & Burgess, Inc. Centex Homes CH2M HILL, Inc. Chamber of Commerce of Cape Coral The Chamber of Southwest Florida Charlotte County Airport Authority Charlotte County Chamber of Commerce Charlotte County Office of Economic Development Charlotte - Desoto Building Industry Association Citizens Highway Initiative Program City of Marco Island Collier Building Industry Association Collier Enterprises Colonial Bank Community Engineering Services Consolidated Citrus, LP David Plummer & Associates DMJM Harris /AECOM Dyer, Riddle, Mills & Precourt, Inc. Eagle Realty of Southwest Florida Earth Mark Companies Economic Development Council of Collier County Englewood -Cape Haze Area Chamber of Commerce Estero Chamber of Commerce Florida Gulf Coast University Greater Fort Myers Chamber of Commerce Inc. Greater Naples Chamber of Commerce Gulf Citrus Growers Association Harbourside Custom Homes Heidt & Associates, Inc. Henderson, Franklin, Starnes & Holt, P.A. Hole Montes, Inc. Horizon Council of Lee County Johnson Engineering Kingon Homes Kitson & Partners, LLC Landmar Group, LLC Landon Development Corporation Lee Building Industry Association The Lutgert Companies Lykes Bros. Inc. Ross W. McIntosh Miromar Development Naples Area Board of Realtors Oakbrook Properties Parsons Brinckerhoff Pulte Home Corporation Realtor Association of Greater Fort Myers and the Beach, Inc. Reynolds, Smith & Hills, Inc. The Ronto Group Simon Property Group South Charlotte County Coalition Southwest Florida Regional Planning Council Stanley Consultants, Inc. SunTrust — Charlotte County Taylor Woodrow Touchstone at Rapallo, Inc. TR Transportation Consultants, Inc. Vanasse & Daylor, LLP WC1 Communities WilsonMiller, Inc. Wyman Stokes Builder 12/29/06 Agenda Item No. 15H10 SOUTHWEST FLORIDA February 13, 2007 TRANSPORTATION INITIATIVE Page of 5 You are cordially invited to attend the Southwest Florida Transportation Initiative Pre - Session Legislative Event Monday, January 29, 2007 11:30 a.m. to 1:30 p.m. The Colony Bay Club 3480 Pelican Colony Boulevard, Bonita Sprind.r Agenda includes: i> Preview of the 2007 Legislative Session Regional Overview from Stan Cann, District One Secretary, Florida Department of Transportation i Update from Janet Watermeier, Florida Transportation Commissioner Presentation by Representative Alil�e Davis, Chair, Committee on Infrastructure r Report from S%X FTI on activities and priorities _ham' Yes, I will attend the Pre - Session Legislative Event Xo. I am unable to attend anler.l ): Chairman Jim Coletta, Commissioner, District 5, Collier County Please respond no later than Wednesday, Januan, 24 by faxing completed form to (239) 275 -6501 or b}- e- mailing SWalker@GravinaSmith.com Cost is $35 per person. Checks should be made payable to SWFTI. c/o Gravina Smith & Matte 1520 Royal Palm Square Blvd., Suite 160 Fort Myers, FL 33919 (Checkr nzay be mailed in advance orpresented at the door) !Need an invoice? Indicate hen X before faaingyourform to (239)273-6301. An invoice will be e- ailed to your attention. Directions from Fort .11jers: Travel south on t1.S. 41 to Coconut Road. Turn right, heading west about one mile to The Colony entrance on the left. Directions from Maples: Travel north on U.S. 41 to Coconut Road Turn left, heading west about one mile to The Colony entrance on the left. SWFTI • Gravina, Smith & Matte • 1520 Royal Palm Sq. Blvd., Suite 160 • Fort Myers, Florida 33919 . 239.275.5758 • swfti.org Agnoli, Barber & Brundage AIM Engineering & Surveying, Inc. Ajax Paving Industries Alico, Inc. ALLETE Properties Inc. ,mbitrans Ambulance & Wheelchair Service APAC Arthur Rutenberg Homes Ave Maria University Barraco & Associates, Inc. Barron Collier Company Bonita Bay Group Bonita Springs Chamber of Commerce Bonita Springs — Estero Association of Realtors Cape Coral Construction Industry Association The Cape Cora] Council for Progress Carter & Burgess, Inc. Centex Homes CH2M HILL, Inc. Chamber of Commerce of Cape Coral The Chamber of Southwest Florida Charlotte County Airport Authority Charlotte County Chamber of Commerce Charlotte County Office of Economic Development Charlotte- DeSoto Building Industry Association Citizens Highway Initiative Program City of Marco Island Collier Building Industry Association Collier Enterprises Colonial Bank Community Engineering Services Consolidated Citrus, LP David Plummer & Associates DMJM Harris/AECOM Dver, Riddle, Mills & Precourl, Inc. Eagle Reaity of Southwest Florida Earth Mark Companies Economic Development Council of Collier County Englewood -Cape Haze Area Chamber ofCommeree Estero Chamber of Commerce Florida Gulf Coast University _. Greater Fort Myers Chamber of Commerce Inc. ;rester Naples Chamber of Commerce _;ulf Citrus Growers Association Harbourside Custom Homes Heidt & Associates, Inc. Henderson, Franklin, Starnes & Holt, P.A. Hole Monies. Inc. Horizon Council of Lee County Johnson Engineering Kingon Homes Kitson & Partners, LLC Landmar Group, LLC Landon Development Corporation Lee Building Indusm Association The Lutgert Companies Lykes Bros. Inc. Ross W. McIntosh Mi romar Development Naples Area Board of Realtors Parsons Brinckerhoff Pulle Home Corporation Realtor Association of Greater Fort Myers and the Beach, Inc. Reynolds, Smith & Hills, Inc. The Ronto Group Simon Property Group South Charlotte County Coalition Southwest Florida Regional Planning Council Stanley Consultants, Inc. S unTrust — Charlotte County Tavlor Woodrow Touchstone at Rapallo, Inc. TR Transportation Consultants, Inc. Vanasse & Daylor, LLP WCI Communities Wilson Miller. Inc. - Wvmnn Stokes Builder Agenda Item No. 16H10 February 13, 2007 SOUTHWEST FLORIDA Page 4 of 5 TRANSPORTATION INITIATIVE INVOICE DATE: January 18, 2007 INVOICE #716 TO: Commissioner Jim Colettea Collier County Commission 3301 East Tamiami Trail Naples, FL 34112 DESCRIPTION SWFI'I Pre- Session Legislative Event $35.00 January 29, 2007 TOTAL DUE: $35.00 Please make check payable to SWFTI and remit payment to: Southwest Florida Transportation Initiative c/o Gravina, Smith & Matte 1520 Royal Palm Square Blvd., Suite 160 Fort Ni ers, Florida 33919 Thank you! 16M SWFTI • Gravina, Smith & Matte • 1520 Royal Palm Sq. Blvd., Suite 160 • Fort Myers, Florida 33919 . 239.275.5758 • m4ti.org Agenda Item No. 1 February i" t Pa 5 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3802 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 S. Walker Gravina Smith & Matte 1520 Royal Palm Square Blvd., Suite 160 Fort Myers, FL 33919 January 17, 2007 RE: Southwest Florida Transportation Initiative Pre - Session Legislative Event Dear S. Walker: Thank you for your invitation to join you for the SWFTI Pre - Session Legislative Event taking place on January 29, 2007. I am pleased that you included me in your invitation and by way of this letter am letting you know that I plan to attend. I have enclosed my personal check in the amount of $35.00 for the registration fee. I'm looking forward to this event and will see you then. AM �.o r- natzman ommissioner, District 5 jimeoletta @colliergov.net Agenda Item No. 16H11 February 13, 2007 Page 1 of 7 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION /EVENT: Naples Chamber of Commerce Board Meeting PUBLIC PURPOSE: Keynote Speaker at the Naples Chamber of Commerce Board Meeting DATE OF FUNCTION /EVENT: January -25,2007 FISCAL IMPACT: $3.00 - Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: February 13, 2007 Agenda Item No. 161111 February 13, 2007 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H11 Item Summary: Commissioner Coletta requests approval for reimbursement for prepaying to attend a function serving a vaf,d public purpose. Commissioner paid in advance to attend the Naples Chamber of Commerce Board Meeting on January 25, 2007 and is requesting reimbursement in the amount of 53 00 to be paid from his t,avel budget. Meeting Date: 2/1312007 9.00.00 AM Prepared By Nancy Rosiak Executive Aide to the BCC Date Board of County BCC Office 113012007 11:05:30 AM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 113012007 11:43 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 11301200712:49 PM Commissioners Agenda Item No. 161-111 February 13, 2007 Page 3 of 7 From: Jessica Kardas Uessica@naplescbamber.org] Sent: Wednesday, January 17, 2007 1:00 PM To: rosiak_n Subject: RE: Chamber Board Meeting 1/25 Coffee and Danish are set out but breakfast is not formally served. $3 -5 is appropriate. Let me know how you want to handle. If checks need to be made out: - Greater Naples Chamber of Commerce And we can provide a receipt. Jessica T. Kardas Vice President, Community Relations Greater Naples Chamber of Commerce Ask raze a bout our Lcradership Pro rums..! P: (239) 403 -2918 F: (239) 262 -8374 Visit us online: '"-ww.napleschamber.org, - - - -- Original Message---- - From: rosiak_n [ mailto :NancyRosiak @colliergov.net] Sent: Wednesday, January 17, 2007 12:44 PM To: Jessica Kardas Subject: FW: Chamber Board Meeting 1/25 Dear Jessica: Is this a breakfast meeting where they will be serving food? If so, I would need to know the cost so that he can pay for it and apply for reimbursement, as he has a "no gift policy" that he adheres to. If so, where can he send his check and to whom should it be made out to? Agenda Item No. 161111 February 13, 2007 Page 4 of 7 N a vkc ,� 2os �a 12 EXECUTIVE AIDE TO COMMISSIONER JIM COLETTA, DISTRICT 5 PH: (239) 774 -8097 /FAX: (239) 774 -3602 Please note: Florida has a very broad public records law. Most written communications to or from officials regarding county business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Mike Reagen [mailto:Mike @napleschamber.org] Sent: Saturday, January 13, 2007 3:56 PM To: ColettaJim Cc: Marie T. Primus; Jan Doll; Jessica Kardas; rosiak_n Subject: RE: Chamber Board Meeting 1/25 This is wonderful. Please try to arrive about 7:15 AM so you can mingle with our Board members as they arrive. We'll start promptly at 7:30 AM and invite you to speak to the group... afterwards you can stay as long as you are able. Best wishes, Agenda Item No. 16H11 February 13, 2007 Page 5 of 7 P.S. Thanks Jessica! From: ColettaJim [ mailto :JimColetta @colliergov.net] Sent: Saturday, January 13, 2007 3:08 PM To: Jessica Kardas; rosiak_n Cc: Mike Reagen; Marie T. Primus; Jan Doll Subject: RE: Chamber Board Meeting 1/25 Dear Jessica Kardas Thank you for the invitation. The Board of County Commissioners has an EAR meeting at 9 a.m. that day but I would be able to attend the Chamber's meeting until 8:15 a.m. Looking forward to the opportunity. jim Coletta, Vice Chairman Commissioner, District 5 Collier County Government 3301 E. Tamiami Trail Naples, FL 34119 Phone (239) 774 -8391 / Fax (239) 774 -3602 jimcolettaCa)coll iergov. net Please note: Florida has a very broad public records law. Most written communications to or from officials regarding county business are public records available to the public and media upon request. Your e -mail communications may therefore be subject to public disclosure. From: Jessica Kardas [ mailto :jessica @napleschamber.org] Sent: Saturday, January 13, 2007 1:17 PM Agenda Item No. 16H11 February 13, 2007 Page 6 of 7 To: rosiak_n; ColettaJim Cc: Mike Reagen; Marie T. Primus; Jan Doll; Jessica Kardas Subject: Chamber Board Meeting 1/25 Commissioner Coletta: We would like to invite you to our Chamber Board meeting in January 251h at 7;30 am at the Hilton in Naples. I will follow up with Nancy to learn if your schedule permits. We will send you an agenda in advance and invite to say a few words if you wish. We appreciate all that you do everyday for our County and our Board would be delighted with the opportunity to have you. Kindest Personal Regards, Jessica Jessica T. Kardas Vice President of Community Affairs Greater Naples Chamber of Commerce Ask me about our Leadership Programs...! 0: 239 -403 -2918 F: 239- 262 -8374 Agenda Item No. 16H11 February 13. 91 r)7 Pag 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 Ms. Jessica T. Kardas Vice President, Community Relations Greater Naples Chamber of Commerce 2390 Tamiami Trail North Suite 210 Naples, Florida 34103 -4484 January 17, 2007 RE: Naples Chamber of Commerce Board Meeting Dear Ms. Kardas: Thank you for your invitation to join you for your Chamber Board meeting on January 25, 2007. As I indicated to you previously, I am delighted to accept your invitation to speak to your Chamber Board. I plan to arrive about 7:15 a.m. and to speak a little after 7:30 a.m. This will allow me to excuse myself early, in order to keep to my Board schedule. I am enclosing my check for $3.00 to cover the cost of the continental breakfast, in keeping with my "no gift policy." I'm looking forward to this speaking before this group and will see you then. Sill Jim Coletta, Chairman Commissioner, District 5 j'imcoletta@collierc,ov.net JC: nkr Encl: Check for $3.00 Agenda Item No. 16H12 February 13, 2007 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function /event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: Heritage Bay's affordable housing groundbreaking ceremony and luncheon PUBLIC PURPOSE: Keynote Speaker to thank the developer for including affordable housing in its development of Heritage Bay and provide encouragement for others to follow suit. DATE OF FUNCTION /EVENT: January 19, 2007 FISCAL IMPACT: $16.00 - Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: February 13, 2007 Agenda Item No. 16H12 February 13, 2007 Pane 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: '6H12 Item Summary: Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the the Heritage Bay Affordabie Housing Ground Breaking cerernonv and Luncheon on January 19. 2007 and is requesting reimbursement in the amount of S If) 00 to be paid trom tits travel hudget. Meeting Date: 21131200 - 9.00.00 AM Prepared By Nancy Rosiak Executive Aide to the BCC Date Board of County BCC Office 1130!2007 10.37:34 AM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 1130/2007 10:51 AM Commissioners Approved By James V. Pdudd County Manager Date Board of County County Manager's Office 1!30/2007 12:45 PM Commissioners Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Caletta District 5 Agenda Item No. 16H12 February 13 QQQ7 Pa JJD�?ll' Q��QG>2� a(UIZ �Q�iyy�y�ZLJQl4� ?C'/1� �; 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3602 January 11, 2007 Lennar, LLC 10481 Six Mile Cypress Parkway Ft. Myers, FL 33912 Subject: January 19 Luncheon Reimbursement To Whom It May Concern: I appreciate being extended an invitation to speak at Heritage Bay's affordable housing groundbreaking ceremony and luncheon on January 19, 2007. I plan to attend and speak at this function and am providing you with my personal check, which is enclosed, in the amount of $16.00 to cover the cost of this luncheon in keeping with my "no gift policy ". Thank you again for including affordable housing to the residents of Collier County as part of your Heritage Bay development plans. This is a real need that you are filling and it is my passion to continue my encouragement to all developers to follow your direction when it comes to developing Collier County. It is through this means that we can continue to keep our workers nearby, which is very important to our future. Thank you for the leadership you have shown in this area. JC: nkr Encl: Check for $16.00 Si ,dim Coletta, Chairman Commissioner, District 5 jimcoletta @colliergov.net i'^ Agenda Item No. 16H13 February 13, 2007 Page 1 of 4 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function /event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: Boy Scouts of American — Alligator (Collier County) District Committee PUBLIC PURPOSE: To provide background information on the Scouting program, the activities and needs of the Alligator District and explain how the Commission can help. DATE OF FUNCTION /EVENT: February 1, 2007 FISCAL IMPACT: $7.95 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: February 13, 2007 Agenda Item No. 16H13 February 13. 2007 Payc, 2 of d COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 15H`• Item Summary: Comm,ssloner Coletta reauests approval for rennhursement for attending a function serving a valid pubiic purpose. Commissioner paid it,, advance to attend the Breakfast meetirc of the Boy Scouts of America - Alligator (Collier Coustyl District Committee and is requesting reimbursement m the amount of 57.95_ to he paid from his travel budoet. Meeting Date: 21131200; 9.00:00 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 2;712007 3:58 PM Commissioners Approved By James V. Mudd County Manager Date Board of County 217/2007 4:40 PM County Manager's Office Commissioners _ Agenda item No. 16H13 February 113, 2007 GRANT, FRIDKIN, PEARSON, ATHAN & CROWN, P.A. .TTGE',i3 ',' ., , i..�u- RICHARD C. GRANT Board Certified Real Estate Attorney 239.514.1000 Ext. 2002 rgrant @gfpac.coin January 11, 2007 Mr. Jim Coletta Collier County Government Bldg. F 3301 E. Tamiami Trail Naples, FL 34112 Pelican Bay Corporate Centre. 5551 Ridgewood Drive, Suite 501 N:rpfes, Florida 34108 -2719 Tel 239.514.1000 Fax 239,514.0377 www.gfpac.com Re: Boy Scouts of America - Alligator (Collier County) District Committee Dear Commissioner Coletta: For several years I have served as chairman of the nominating committee for the Alligator District Committee. We appreciate your having agreed to serve as an at large member of the committee as a resource to it. A complete list of committee members and district officers is enclosed. On behalf of the entire Alligator District Committee, I would like to invite you to a breakfast meeting on February 1, 2007 at 7:30 a.m. at the Collier Athletic Club. Bill Poteet is the current chair of the Alligator District and he and others who are actively involved will also attend. The meeting will end not later than 9 a.m. The purpose of the meeting will be to provide you with background information on the Scouting program, the activities and needs of the Alligator District, and to explain how you can help. We hope for, and encourage your attendance. Please R.S.V.P. to Tara Friedman in my office at 514 -1000, or email tfriedmanag_fpac.com. Very truly yours, Richard C. Grant RCG /trf cc: Bill Poteet C.J. Hueston Patty Wedge - Ludwig Undersheriff Kevin Rambosk James C. Pilon, Esq. wd _gfp\gfp�RCGVp sonat %BSA \Alligator -Co minft -ILr "SIGNO IN ATTORNE' S ABSENCE To PREVENT DELAY IN MAILING" Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Aaenda Item No. 16H13 / February 13, '' Pa 1 t 2 - as77 3301 East Tamiami Trail . Naples, Florida 34 (239) 774 -6097 • Fax (239) 774 -3602 January 19 Mr. Richard C. Grant Grant, Fridkin, Pearson, Athan & Crown, P.A. Pelican Bay Corporate Centre 5551 Ridgewood Drive, Ste. 501 Naples, FL 34108 -2719 RE: Boy Scouts of America — Alligator (Collier County) District Committee Dear Mr. Grant: Thank you for your invitation to join you at February 1, 2007 for your breakfast meeting at the Collier Athletic Club. I am pleased that you included me in your invitation and by way of this letter am letting you know that I plan to attend. I am enclosing herewith my check for $7.95 to cover the cost of the breakfast, due to my "no gift policy." I'm looking forward to this meeting and will see you shortly. Sincerely, .,airman Commissioner, District 5 jimcoletta@colliergov.net JC: nkr Encl: Check $7.95 Agenda Item No. 1611 February 13, 2007 Page 1 of 2 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 13, 2007 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: (1) Naples Heritage Community Development District: Minutes of May 15, 2006; Agenda for May 15, 2006; Minutes of October 23, 2006; Agenda for October 23, 2006; Minutes of November 13, 2006; Agenda for November 13, 2006. (2) Port of the Islands Community Development District: Minutes of December 8, 2006; Agenda for December 8, 2006. (3) Quarry Community Development District: Minutes of August 14, 2006; Agenda for August 14, 2006. B. Minutes: (1) Collier County Planning Commission: Agenda for February 1, 2007; Agenda for January 18, 2007; Minutes of December 7, 2006; Minutes of December 15, 2006 Special Session. (2) Collier County Historical and Archaeological Preservation Board: Agenda for January 17, 2007; Minutes of December 20, 2006. H:\DATA\FRONT DESK - 2007\2007 Miscellaneous Correspondence\021307—misc—corr.doe Agenaa Item No. 1611 February 13, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1611 —.._ Item Summary: io file for record with action as oirected. Meeting Date: 2!1312007 °.00 00 AM Prepared By Lisa Resnick Executive Aide to the BCC Date Board of County FCC Office 2012007 8:31:20 AM Commissioners Approved By Sue r -ilson Executive Manager to the BCC Date Board of County BCC Office 2/112007 4:33 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 2/1/2007 7:02 PM Commissioners Agenda Item No. 16A February 13, 2007 Page 1 of 17 EXECUTIVE SUMMARY TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF JANUARY 06, 2007 THROUGH JANUARY 12, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD. OBJECTIVE: To present to the Board of County Commissioners the disbursements for the period of January 06, 2007 through January 12, 2007 for approval as well as to obtain approval for the submission of the disbursement listing into the official records. CONSIDERATIONS: In accordance with Florida Statutes, Chapter 136.06(1), the Clerk's office requests that these listings be approved and made part of the official records of the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Disbursements as totaled on the attached report RECOMMENDATION: That the Board of County Commissioners approve the disbursements listing for the period of January 06, 2007 through January 12, 2007 and submit these documents into the official records. Prepared By: v. Date: o' 1 4 11) Vs4aMelvin Assistant General Operations Manager Reviewed By: AV C Date:_ .� 3 Constance C. Murray, CGFO General Operations Manager Agenda Item No. 16J1 February 13. 2007 Page; 2 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1fJJ1 Item Summary: To obtain board approval for disbursements for the period of January CG, 2007 through January 12. 2007 and for su0mis5101) into the ofPicia: records of the board Meeting Date: 2 /13/2007 9 00.00 .AM Approved By Lisa Melvin Clerk of Courts Assistant General Operations Manager Finance pate 1/3012007 5:33 PM Approved By Connie Murray General Operations Manager Date Clerk of Courts Finance 2/1/2007 7:56 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 21112007 4:28 PM Commissioners 01/16/2007 AP Line Item Report for Payroll Operations AP Line Item Report for Payroll Operations Mgr. enda Item No. 16J1 2 F=ebruary i 3, 2 0 Pane 3 of 17 Vendor Account riurnia r Q ; vendor yr. cr Pa sentr amz i�t ear'inrg 01 rig 100419 BONNESS INC 12,081.74 01/08/2007 2000126738 100420 BONNESS INC 48,517.75 01/08/2007 2000126739 100677 COMMUNICATIONS INTERNATIONAL INC 5,027.50 01/08/2007 2000126740 100804 DELL COMPUTER CORPORATION 1,056.28 01/08/2007 2000126741 101157 FLORIDA MEDICAID /COUNTY BILLING 1,492,590.00 01/08/2007 2000126742 102052 MITCHELL & STARK CONSTRUCTION CO 59,517.18 01/08/2007 2000126743 102261 OFFICE FURNITURE & DESIGN 8,764.70 01/08/2007 2000126744 103242 WAYNE WILES CARPETS INC 693.25 01/08/2007 2000126745 106077 APAC 314,032.02 01/08/2007 2000126746 106703 WILSON MILLER INC 89,489.86 01/08/2007 2000126747 113387 DLT SOLUTIONS INC 1,404.00 01/08/2007 2000126748 114951 SYMANTEC SOFTWARE 23,034.96 01/08/2007 2000126749 110401 CORE SERVICES LLC 13,619.52 01/08/2007 2000126764 100541 CH2M HILL 3,432.00 01/09/2007 2000126766 100804 DELL COMPUTER CORPORATION 1,169.21 01/09/2007 2000126767 104044 DOUGLAS N HIGGINS INC 33,767.58 01/09/2007 2000126768 109260 WORKPLACE RESOURCES 666.73 01/09/2007 2000126769 100419 BONNESS INC 120,770.86 01/10/2007 2000126770 106494 HDR 11,122.50 01/10/2007 2000126771 108465 JOHN CARLO INC 832,649.01 01/10/2007 2000126772 113867 BOYLE ENGINEERING CORPORATION 6,617.00 01/10/2007 2000126773 100676 COMMUNICATIONS INTERNATIONAL INC 136.62 01/10/2007 2000127245 100677 COMMUNICATIONS INTERNATIONAL INC 283.50 01/10/2007 2000127246 103795 CDWG 845.71 01/10/2007 2000127247 103947 DELL MARKETING LP 703.56 01/10/2007 2000127248 104638 TAMIAMI FORD INC 174,391.50 01/10/2007 2000127249 105463 DELL COMPUTER 1,060.08 01/10/2007 2000127250 102261 OFFICE FURNITURE & DESIGN 69,624.63 01/10/2007 2000127251 1001 SUNCOAST SCHOOLS 137,137.88 01/12/2007 2000127252 1005 NATIONWIDE RETIREMENT SOLUTIONS 86,263.57 01/12/2007 2000127253 1006 ICMA RETIREMENT TRUST - 457 72,512.29 01/12/2007 2000127254 101157 FLORIDA MEDICAID /COUNTY BILLING 203,849.23 01/11/2007 2000127278 103242 WAYNE WILES CARPETS INC 69,150.00 01/11/2007 2000127279 104136 WASTE MANAGEMENT 747,475.17 01/11/2007 2000127280 104638 TAMIAMI FORD INC 21,717.00 01/11/2007 2000127281 106276 AIM ENGINEERING & SURVEYING INC 133,516.49 01/11/2007 2000127282 1010 INTERNAL REVENUE SERVICE 1,035,284.17 01/12/2007 2000127292 100627 COLLIER COUNTY PUBLIC SCHOOLS 19,142.89 01/12/2007 2000127293 100804 DELL COMPUTER CORPORATION 917.08 01/12/2007 2000127294 100861 DON HUNTER SHERIFF 2,791.66 01/12/2007 2000127295 100919 ECONOMIC DEVELOPMENT COUNCIL 23,624.34 01/12/2007 2000127296 102261 OFFICE FURNITURE & DESIGN 7,900.31 01/12/2007 2000127297 103795 CDWG 283.00 01/12/2007 2000127298 103959 MCDONALD TRANSIT ASSOCIATES INC 174,519.98 01/12/2007 2000127299 104044 DOUGLAS N HIGGINS INC 45,267.18 01/12/2007 2000127300 104468 GOVCONNECTION, INC 458.44 01/12/2007 2000127301 104496 AMERICAN ACQUISITION TITLE INC 13,335.50 01/12/2007 2000127302 104638 TAMIAMI FORD INC 50,124.50 01/12/2007 2000127303 104919 HERMAN MILLER WORKPLACE RESOURCE 545.08 01/12/2007 2000127304 105463 DELL COMPUTER 278.40 01/12/2007 2000127305 105803 WORKPLACE RESOURCE OF FLORIDA 1,381.80 01/12/2007 2000127306 108056 PBS &J 153,343.96 01/12/2007 2000127307 109260 WORKPLACE RESOURCES 3,134.16 01/12/2007 2000127308 110401 CORE SERVICES LLC 21,940.80 01/12/2007 2000127309 gena o n .P Ja .P o �n v o Ja o o o .G d Ln N N N N IfI N V1 N VI VI lJ1 N N N N N N N N N N N (7� V1 N N N N lI1 1n N UI N N Vl N N N N N V1 N N N m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m 0 V1 (Il L 1 N N N N N U1 .P .P .P .0 .P P .P .P .P & w <G};.. �P,5r': q 7r. m m m J J J J J J J J J J m N Y O 10 m J m U1 IN W N r O W m J m N .P W N Y O W m a m N 4 W N m N A w N Y 0 .; 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(D rt 0 0 0 0 0 0 0 0 0 7' N N N N N N : h 0 0 0 0 0 0 0 0 �rR >: a 0 0 0 0 0 0 0 J J J J J J J D C C C C C C C w cz to Q cj to 0 � � to ft. X d p t7 p d p d Q :3tii: N U1 �P m r r m lf1 N O N W J W W N m O O m r 10 O m'.:'_ r O O A W n O Vl ro � 0 11 OM : ozxr 000 r mrzo u:?: aoM:;: m ro to to x x d m to ro 0 � cn m o c o xo nr on H❑ O n Og O H 3 O H S pa W H z ❑, <:: 0 unto nn m n 3 to n n o 44", : i C ro r G z Z Rs b r n H H ra � m ca ro i t o o r �n M (n En r b b tcl z �>7 O>> Agenda Item N February 1 2( of Page 'Of Agenda Item No. 16,12 February 13, 2007 Page 1 of 14 EXECUTIVE SUMMARY TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF JANUARY 13, 2007 THROUGH JANUARY 19, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD. OBJECTIVE: To present to the Board of County Commissioners the disbursements for the period of January 13, 2007 through January 19, 2007 for approval as well as to obtain approval for the submission of the disbursement listing into the official records. CONSIDERATIONS: In accordance with Florida Statutes, Chapter 136.06(1 ), the Clerk's office requests that these listings be approved and made part of the official records of the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Disbursements as totaled on the attached report RECOMMENDATION: That the Board of County Commissioners approve the disbursements listing for the period of January 13, 2007 through January 19, 2007 and submit these documents into the official records. Prepared By vsa, isa Melvin Assistant General Operations Manager Reviewed By: Date: Constance C. Murray, CGFO General Operations Manager 1.;L3/o:- Agenda Item No. 16J2 February 13, 2007 Page 2 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16J2 Item Summary: To obtain board approval for disbursements for the period of January 13. 2007 through January 19. 200 and for submission into the official records of the board. Meeting Date: 21131200; 9.00.00 AM Approved By Lisa Melvin Clerk of Courts Assistant General operations Manager Finance Date 113012007 5:33 PM Approved By Connie Murray General Operations Manager Date Clerk of Courts Finance 21112007 7:57 AM Approved By James V. 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N m 3 r 7 m G N z Agenda Item February Page 2?e LO (D �n � 3 R7 r zC C z w rt 3 0 a m n a m nfD 5x y (D a N C O N N O Haan cra 1c o J J J J Feb :.: ✓Y� dmD co w ",3J 'A 3o a�x n C N n ID ml.: m n x ^izf ro '$a n \ � z b J b O y � ro r r N N N N N 0 0 0 0 0 O O O O O T O O O O O J J J d C C C C. C O O tzl O V Sel'i tti O N V1 tfi � O O O 4 a m Y 0 O 0 t3E: o a z m ro rn o n � a z D >' F' z b «yy3 m m tom^ C p 0 n o a,: m?!' o � b m r r z m m X :> N 0 O t0 N \ .. .. N O T Y N CJ In z Agenda Item Nc February .1 < Page 1 3 c � m c r• C + .+ n F L Z a Agenda Item No. 16,13 February 13, 2007 Page 1 of 18 -- EXECUTIVE SUMMARY TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF JANUARY 20, 2007 THROUGH JANUARY 26, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD. OBJECTIVE: To present to the Board of County Commissioners the disbursements for the period of January 20, 2007 through January 26, 2007 for approval as well as to obtain approval for the submission of the disbursement listing into the official records. CONSIDERATIONS: In accordance with Florida Statutes, Chapter 136.06(l), the Clerk's office requests that these listings be approved and made part of the official records of the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Disbursements as totaled on the attached report RECOMMENDATION: That the Board of County Commissioners approve the disbursements listing for the period of January 20, 2007 through January 26, 2007 and submit these documents into the official records. Prepared By: 4N.Melvin Date:_ ) Ass' tant General Operations Manager Reviewed By: S,-7 Date: -21 D I I o'`�" Constance C. Murray, CGFO General Operations Manager /I, - Agenda Item No. 16,13 February 13. 2007 Page 2 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1633 ..� Item Summary: To obtain board approval for disbursements for the period of January 20,. _ ^00? through January 26.. 2007 and for submission into the official records o= the board. Meeting Date: 2113/2007 9.00.00 AM Approved By Lisa Melvin Assistant General Operations Manager Date Clerk of Courts Finance 21112007 2:50 PM Approved By Connie Murray General Operations Manager Date Clerk of Courts Finance 2/112007 4:12 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 27112007 6:33 PM Commissioners v C a h 0 0 N H O \ N O Agenda Item No. 16J3 February 13, 2007 Page 3 of 18 >a! :0 '4CI: hco 0 H (N W OI OH N r) v u)lD IO co m CD NM -,zrU1 D co ri NMh cOM Wei N a) 10 h M d' Ln %D h co 010HNM Y'Ln lOh 0 0 0 -4 r- -4 H -1 N N N N N N N N N N M M M M Mr.) M h W W W 0 0 N N N N N M M M M M M M M h h h h h h h h h h h h h h h h h h h h h h h h h N N N N M M M M M M N N N M M M M M M M M M M M M M M M I� h h h h h r- h h h h h h Ch rh h h h h rh h h h h h CO CO W W W CO CO W W CO W CO it W W W W W W W W W W W W W W W CO N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N HHHHHHH H'-1H HHH r- 1'- 4 H H HH H H H H HH HHHH ?31i ?Fii ri HHHHHH H H H H H H H -4 -A H H HHHHHH O O O O O o O O 0 0 0 0 0 0 0 0 0 0 C 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 O O O O O O O O C O O O o 0 0 0 0 0 0 0 0 0 O 0 0 O 0 O 0 0 0 O O C O 0 0 0 0 0' 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 U: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N CD O O O O O O O O O O O O O O O O O O O O O O O 0 O O O O O O O O 0 p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N (N (N N N N N N NNN N N LN N NrN NNNNN rV NNNNNNNN NNNNNNNNNN NNNNN �-4: N N N N N N N N N (N N N N M M M M M T dr 1D 1D ID u) Ln Ln Ln w w ID tD ID D LD 1D l0 1D D D D N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N cV N N N N N N Ci H H H H rl '-1 H H H H H H H H H H H H H H H H H H H H H H H H H H H H H 0 0 H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ;U. ..'.�: U) Ln O o o O U) O co O OI O) O W OID O0001 lD0 W OOhID McJ+00 Ul M O N Ln D DO 0\�oo d' W NO ,, Od'000 H h h 00 U) N O o O N h O O ID N O� O h Ln h h O Ln h W Mho ID O Lr) 00•4,01HOClD U)p01M V�lOHOW OOH h h U) Ln N H O H ID N ID 0 01 U) O cv C o W M W 01 0 W H h to H O M H tD M O M m W M 0 W h M v M 0 H N'v H 0 01 N co h ID HCM C' O 0) ID M M O� N CN Ln m O 010 d' V'hHN HID VSO OM V�h 1D MH w Ln Vt W h0HN co VIM IDHOMH 1DWHMOOUlOh0to c1� W ONHONhO)M O1 m H M d' H O C NHM _ _ _ V� V' N Lr) m V' M w Ln H cD IO[M W wcJ'OLn Lr) IO r- r- U)[1' V'0 W M v HMNhh V, d'rN 01 HH V�01NhhMOIDM W lD InOOID O1 IphN NMU)lr1N \01D0 C' IOHH H W 01Nh IT h H ID O W N M O)h Mh ID O U)M hN Lr) (N MHO NHH M 0[7+ M W M H M H O N N p O U � z O Q UU U H U U W z o H U1 H ~~r�4 z m WHH o H LL C4 CL .�- W aU rLz 124 H zz(L z n 000 o00 00 U� U p z O W H H 0 1x Cn W H W cn U F F vJ U 0O CZ7 w UH Lx > >CD z ��CW Z WU W Hk. <FC OUCH CL H H HH U HO zzUW H H O zca z z xUx Uar1`ioza HQ a OOZW rL4 U Ovl ] CIO .aWw> 0 W H V)C zU ]wxww z z W HUHx gH W z4 a ECKz - WWHHU 7MWE1PCLWSf u] H U Oz Qcn a OHZZW �]H U 04 WE•OZ Q U 1 ZZ xzzCL2 UO UxE X U (? ]�C4 UC HHU) Lx z Qin x HO Q HU U) H z W U HH Haw u�[H w C7W H aE rH rs ail wz xo�C a�W z E O H > a z �-7 D I�iQ� > zQ�[riC7 ZW 00E,ZU 0 w mmwaz H H Z FHA zz lXCnUYF � ZZZG Hz ZOWWZUZx WUxZH wH2: zxWE1 CnU W U)CnWD W H W W O CA ]OOH W E H W H > 0 0 M > H QW OW> z C7W xa a U HHQ r7 W0 a FU W EH W C xzaa�20 W C�UUIWW o ?1r�Cl� Cq a z[LozE E- FF o Hz a wtl�wav�E 0 O MM0 W H 6ZOHE C4a(x oHC!)�Cx u "zSSW QHUHHH uHa U]< a xw H x QHzU] �]� UHa� u < <W n cL >4 a W UZX C14 H<UU(rEa E c�F HF ozr�E�aow C� a uuHUW a wa �C H U) OXMMOHHdO HW4 Qw Q Cn E - U wCpxUZZmUO zrCZfx UUZxZE•Ocn.7wj7W �W v)QZZ ;.7 z co O h O O E-+ C� OL x cn a O a H 4L �J .7" 0 < U P a ti 70uQQaE azQG a �azumz�uH [LwzEE,Z< 0 Z0UWwa zHOHwrxxw M E- >�u0UO Z3U04ai2CHLCMX04WUUrn0 ggrOj <aa0�z + x�Cl)UWntDz C�7zi0UUUC)W0UPC-)44 [t'N O cr Ln r- 001 O1 M0 d'[hOH O) ID L- OM Lr)O hM w(_ Oh CHHh W Oh M W1Oh HO1H UIW HhLn hLn MH 'T NOHOMHONN W o h h O w h m h o Ln,,r 1D h M IO C' Ln m h O N h N Ch h ID H ID M M O H 1l N M M N H O h N M H ID cr H H ID ID M V' N V' O h 001H Ln ID h h,,o (N Ln CO W ID HM U)OID IO ID W O)N h ID zv _1 0 M c- H N N Ln Ln h O C O O N N 00 H U) M-) ID ID Lb M O 00H HH :"�'. NONO HN <f' [r H000 o0NM[r 0 [h IDH H O o O H O C CDC 0000000000 O H H 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 H 0 C 0 H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H N z N w " O O N N S+ N O m trl N N X u u' U 0 m O m S+ r+ m a Agenda Item No. 16,13 February 13, 2007 0 L;QF: N. m U N � P lf1 w r m 01 O i-1 N r+1 V' to w r m 01 O .-� N n1 P U1 w r m 01 O� N� d' U1 w h m a• O .� N M P 1(1 t0 r �, X ':U P V" aY C' P P 1It N N lfi 111 J1 Vl 1f1 Ut 1f1 N N l/l ill to Ul Vt lA to if1 to Ul to itl t(1 t!) N Ul N 111 lfi N Ul Vt u'1 V1 R w w w w w w w w w w w w w w w w w w w w w w u+ w w w w w w w w w w w w N G C U E P7 CA Q U O U rl W U) a u a o ca„ a z w U) w w a U) a £ a a F w H F o Q o W a a w N U W W F z°dESa v .l F z z m z w m E-4 w x Q d w " W ^t �-+ W ..a W Q a w a .7 w w a w w W .7 w U U a w a a m w z Z w O p, o o a U m CJ U W w w u >'m: Q Q u! 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Q z Lai g �, w�4 O x w F H W W M W 0- O N O Q [n U W W a H N> >+ w O a H S U E U Q w A Q w a 0 U w o a a x w w cn A F a U 2 d a W F a w W [n O U H rn i--+ ,'� W O F W O F a O fz to W W F r Z 4¢ H N W Q m w U A F O 3 IL CAL^' zQ (n W c1 �Ix Qy : a w d [�[�L77 [yH[y77 N (W(�� FUF F �[Fir1 sOs W 4 ¢ a �U(F�7i7 v1 (UY gga t77o ?U? �o a (0.' F. a A Ira] w (� 20 >U 2' W F 4 is7 rG 1. W Z F LK W H V R A W W U, +�' w C� r+ U' �-' Q (n o z O O F w W Q W x U a rl U£ U O Z �-+ F W �-. U H w W❑ q [q a a H Q¢¢❑ C7 w U w (n a W W. .+ V F (n a F �t a w x x ,ZZ, ❑ W E a u w .�qq ,Q ¢ a¢ a 7.� ❑ C7 ❑ O w [q H a Cn a 0 }. F d(D 0 fY 3 w Q H H A❑ A '-` Cx7 W Z H Z A w w y� Q O rJ z A U I�[ F H N W fL 0 OM H M w v7 [L o G' .1' -- Q W 2 W U a z o o z] z z o w w y a 0[ ❑ w a w w o o a❑ 4 2 H za v a a a a x a� m w a u u a F o a s a 0 '11) 0 0 W a N a a a E 0 W O CA �C C7 a CK (Y to H :J H A C.p a a a o a o w w o v z z H a w F o s w w a w IP -' O O lD lfl W O ri O r m 0 0 ID H 0 0 0 Ql O d' N O Ill d' V' <n m �D O m 0 O V� 0 0 !' M c(1 O In Ol O N Ifl ID h 0 0 0 W O V' N O .� N 0 Ol m 0 ID O O i-I ll1 O d� r N 0 w 1!1 In r N � w; . . . . O O l0 O\ M Ol Vl d' �D N D� ar N LLl O O H �D O C' M m. O Ol Vl H H 1p Ul 1D If. Ol Ol . t. V. �. If. If. . ll. O W O Y :�' ill H m m r -+ �p 01 Ilt M N O T Ol M O M O� ti Ill ,� 6l tT III O Ul t0 r C h T m m M Ol .- N r H O -f N r O Ill W N O� IA C N M N r T N M Ul M mot' W M Ill CO r m Ifl Q W C r'1 M H � M m Ill M ri N H N H r1 M -1 N 4J' A A❑ A❑ O O A A A A A A A A❑ A❑ A❑❑ O ❑ ❑❑ A ❑❑❑ A A 4❑ A ❑❑ (] A q ❑ ❑ ❑ ❑❑ Y (n (n U7 (!1 (n (n V7 M m (n M cn w w (n U1 (n En (n in w fA w () cn w (n w w (n (n M M w M (n Vl (I] !n (A U7 Cn m (n C �:?: a Z a a Z ❑❑ Z Z Z O O Z Z a Z Z 7 Z a❑ a Z a 0❑ `J Z O .^. Z❑ 7❑ 7 7_ ..� N m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o b o 0 0 0 0 0 0 0 0 0 0 0 0 o b o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H IE: N N N N N N N N N N N lV N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N c N N N N N N N N N N N N N N 0 0 H 0 N H 0 N H H 0 H 0 H cl �-1 ,� m cp;; 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c c o 0 0 00 0 0 0 o a r Ol O .J N C u� lD h m Ol O .� N r� C Ul �D r m Ol p H N M y Ifl ID r W Ql O H N t+l 'V' I(l r m 01 O N 0 0 N N N N N N N N M M- M- M M M M M- y N r h m m m m m m W m m m m m m m m m m m m m m m m W m m m W m m m m m m cO m m m W m m m O O O O O O O O O O O O O O O O O O O O O O O O O O O O H O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O +ci' O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O G O O p O O O O O r w m ¢ c m r a 2 � \ w O ¢ E E Q O U o >IiN1 0 U H g 8 B a, W Ol O .-/ N I'1 Q' Ul tD h m Ql O rJ N r1 C l!1 ID r m 6� O H N M V� ilt tD r W m O ':sSG:' M M � w <r w a a� w v a v In In ul In In ul Ili In ✓l vl lD ID �D \D � � � � � � r r h r r r r r r (� W W O >. Y :'.ik7' In In In vl vl ul In In ul vJ In ul In In Irl ul ul s vl vl vl In In uJ �n In vl ul In ul In In vJ In ul .n ul �n In In vl an Irl In VI C Y Y 1J U <'?[1'.: �D m lD ID ID tD �D 1p l0 l0 �D lD l0 ID ID 'D ID "D 'D 0 ID a ID tD �O �p �D tD 'O v N C C U N w a a e� a� c w a a m .r to LL a m m Q U .. h r r h r r r r r r r r r r r r r h r r r r r r r r r h r r r h r r h h r r r r r h r r O ro O (� Z U N z a a zsy r 0 0 N N SI Q1 O � a a W a � w �a{ w W £ ,raj a a Caw a oa, a W F RW] F 0 x W z a H a a ° o w I Q x m w > ❑° a off F]] J H[ H w a u z m z z a w cn crl w a 4 3 o w 2 s:atk': : a w a x w .� Q w ¢❑ z cwn x 4 aq m , w a cW n 2 m w z w '? a 2 n> . a 4 ¢> a F F F w a ] F cn 0 C7 `� a w ¢Z C ,wy Da W aW 2 x a a s z¢ a w F o a w F a a w u �': �7tr❑Ew'���� 8t�3��5a aWw�Sa���v�o t ratz �7 m: a x tC W E W U [n ❑ C7 •• Z a cn Cl) w' S U a: V P. Q z Lai g �, w�4 O x w F H W W M W 0- O N O Q [n U W W a H N> >+ w O a H S U E U Q w A Q w a 0 U w o a a x w w cn A F a U 2 d a W F a w W [n O U H rn i--+ ,'� W O F W O F a O fz to W W F r Z 4¢ H N W Q m w U A F O 3 IL CAL^' zQ (n W c1 �Ix Qy : a w d [�[�L77 [yH[y77 N (W(�� FUF F �[Fir1 sOs W 4 ¢ a �U(F�7i7 v1 (UY gga t77o ?U? �o a (0.' F. a A Ira] w (� 20 >U 2' W F 4 is7 rG 1. W Z F LK W H V R A W W U, +�' w C� r+ U' �-' Q (n o z O O F w W Q W x U a rl U£ U O Z �-+ F W �-. U H w W❑ q [q a a H Q¢¢❑ C7 w U w (n a W W. .+ V F (n a F �t a w x x ,ZZ, ❑ W E a u w .�qq ,Q ¢ a¢ a 7.� ❑ C7 ❑ O w [q H a Cn a 0 }. F d(D 0 fY 3 w Q H H A❑ A '-` Cx7 W Z H Z A w w y� Q O rJ z A U I�[ F H N W fL 0 OM H M w v7 [L o G' .1' -- Q W 2 W U a z o o z] z z o w w y a 0[ ❑ w a w w o o a❑ 4 2 H za v a a a a x a� m w a u u a F o a s a 0 '11) 0 0 W a N a a a E 0 W O CA �C C7 a CK (Y to H :J H A C.p a a a o a o w w o v z z H a w F o s w w a w IP -' O O lD lfl W O ri O r m 0 0 ID H 0 0 0 Ql O d' N O Ill d' V' <n m �D O m 0 O V� 0 0 !' M c(1 O In Ol O N Ifl ID h 0 0 0 W O V' N O .� N 0 Ol m 0 ID O O i-I ll1 O d� r N 0 w 1!1 In r N � w; . . . . O O l0 O\ M Ol Vl d' �D N D� ar N LLl O O H �D O C' M m. O Ol Vl H H 1p Ul 1D If. Ol Ol . t. V. �. If. If. . ll. O W O Y :�' ill H m m r -+ �p 01 Ilt M N O T Ol M O M O� ti Ill ,� 6l tT III O Ul t0 r C h T m m M Ol .- N r H O -f N r O Ill W N O� IA C N M N r T N M Ul M mot' W M Ill CO r m Ifl Q W C r'1 M H � M m Ill M ri N H N H r1 M -1 N 4J' A A❑ A❑ O O A A A A A A A A❑ A❑ A❑❑ O ❑ ❑❑ A ❑❑❑ A A 4❑ A ❑❑ (] A q ❑ ❑ ❑ ❑❑ Y (n (n U7 (!1 (n (n V7 M m (n M cn w w (n U1 (n En (n in w fA w () cn w (n w w (n (n M M w M (n Vl (I] !n (A U7 Cn m (n C �:?: a Z a a Z ❑❑ Z Z Z O O Z Z a Z Z 7 Z a❑ a Z a 0❑ `J Z O .^. Z❑ 7❑ 7 7_ ..� N m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o b o 0 0 0 0 0 0 0 0 0 0 0 0 o b o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H IE: N N N N N N N N N N N lV N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N c N N N N N N N N N N N N N N 0 0 H 0 N H 0 N H H 0 H 0 H cl �-1 ,� m cp;; 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c c o 0 0 00 0 0 0 o a r Ol O .J N C u� lD h m Ol O .� N r� C Ul �D r m Ol p H N M y Ifl ID r W Ql O H N t+l 'V' I(l r m 01 O N 0 0 N N N N N N N N M M- M- M M M M M- y N r h m m m m m m W m m m m m m m m m m m m m m m m W m m m W m m m m m m cO m m m W m m m O O O O O O O O O O O O O O O O O O O O O O O O O O O O H O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O +ci' O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O G O O p O O O O O r w m ¢ c m r a 2 � \ w O ¢ E E Q O U o >IiN1 0 U H g 8 B a, W Ol O .-/ N I'1 Q' Ul tD h m Ql O rJ N r1 C l!1 ID r m 6� O H N M V� ilt tD r W m O ':sSG:' M M � w <r w a a� w v a v In In ul In In ul Ili In ✓l vl lD ID �D \D � � � � � � r r h r r r r r r (� W W O >. Y :'.ik7' In In In vl vl ul In In ul vJ In ul In In Irl ul ul s vl vl vl In In uJ �n In vl ul In ul In In vJ In ul .n ul �n In In vl an Irl In VI C Y Y 1J U <'?[1'.: �D m lD ID ID tD �D 1p l0 l0 �D lD l0 ID ID 'D ID "D 'D 0 ID a ID tD �O �p �D tD 'O v N C C U N w a a e� a� c w a a m .r to LL a m m Q U .. h r r h r r r r r r r r r r r r r h r r r r r r r r r h r r r h r r h h r r r r r h r r O ro O (� Z U N 7, m 0 0 N \ N j[b11 O � W N O1 N x u U E O u O O N N T4 N � 0 a M m ° C Agenda Item Pao. 16,53 February 13, 2007 o :4. In . Q. N M C m 10 r m Q� O �-i N M v' Ul 1D r m Ol O N �'/ C m l0 r m 01 O .-I N l"l O' Ill l0 r m o U U 7 Y - ::;,5�.: m m m m m m m m m Ol Ol Ol Ol 01 Ol 01 01 o O O c O o 0 Y :.::U: 1l1 tll Vl 111 If1 to I(1 N Ill Ifl Ill ID t/l to ILl m Vl Ifl 1p 10 �D 10 �O lO 1D W �O �O 1D 1D �O 'D lD 1D �D l0 l0 'D 1D l0 4 =D b �D lD W =O 10 10 10 W b C C U E W Wm K O b. ,a >w a w N Q x a m r u`) w w a a o a£ Pa m w m m5 a_ a lm H w d ei a z o m z z m: z z w o u P. a U a >' a a z x U S a w d '� w W a w w a m m w H s z w W U P: O m W Z C7' w m 2 2 Q, z 1 W w a F m H W 0 2 z a -a H u u o d c� a s w a z£ z d 0 0 0 w w w z z H 3 z d N d d 0 0 z C7 a x W 2 N H W U W W a m ,Z �-+ H a R: m W a a U ,Wj «U-I O 3 ,?,7r7 > Ft { k Z 2 m F U O O d O m W W m W 0 z Z z Z 2 0 a a P. a a a a W !x m u) m W W m O O .-1 O O m J1 m O O N 0 0 0 0 0 1D N lf1 V1 O lfl O O� O O to r T O O� O V O Ul O N O 1D O d' O `[J:; m m O- N m 0 Ol 01 m O O r 0 0 Ifl O O Ol N N •A O O O O N O O nl r+l m O O N O m O .-+ G(1 1G O M m C' tf1 O � O O r r-1 O =D m r O Ol ri M =D /'t N Nl r1 Ol `D r tD d' r d' O lfl N C O Ql N m lfl 1D D` O O Imo; Gf Q Q Q❑ G Q Q Q❑ Q Q ❑❑ Q Q Q C] Q Q❑ Q❑ Q Q Q❑ Q❑ Q Q Q Q Q Q Q Q Q❑❑ Q Q Q Q Q Q b r r r r r r r r r r r r r r r r r r r r r r r r r r c- o o 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O a r1 o o 0 cl o o o o o o 0 r m I w � p p. .y, � ar d' H' C In N to to m N N N N N N N N N N N N N o o o H rn z z.15:: o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 a o o o o o o o N N N N N N N N N N N N r .i a m d o w r a w o d u. I til? Agenda Item No. 16J3 February 13, 2607 0 (n LJ UJ \ v rn c G a >:;S;r: 'iF3. Q❑❑ O❑ A ❑❑ ❑ Q A Q O Q❑ Q❑ Q Q Q A❑ Q ❑ Q Q A A A❑ Q Q A Q 4 Q A Q❑ A❑❑ Q (n !n (A V1 VJ VJ (D w ro � x w m to (n to N w cn cn !n cn N v7 O to ❑ D ❑ D O p 7 7 a Q a❑ a� Q 7 7 ❑❑ 5 5 ❑ ❑ D 5 Q Q Q Q Q a 5 Q Q�❑ 5 7 D D a a U Q Q] 5 r r r r r r r r r w W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q w w w w O w C/l W a a O j m m a m E a w a a w v w 5 w W 2 a w a a U F a in a 0 to E. a w F a a 0 Q x O O O O O O O O O O O O O C O O O O w g s a a z a a w z❑ a z Z aI W M w U X H 2< w � F U F E F m x o O O O O O O O O O O O O O O O O b O O O O O O O O [ai, p �F. Ea. Iai •ai z P w W '. z [A W W C c O O U X w m W 0 �i U U-: W U W O w C7 cn co z w a a u Q m g a F w a z w f a m H r� m m m m � O• T Ol Qi O� Ol Ol Ol O� Ol Qi Oi Ol Q� O� O� Ol � OI O• Ol 01 � Ol O� T 91 O• tri Ol O Ol O� Ol Oi F O w W W to 5 0 U IwJ Q f 5 a F W W H Z Z z � b 2 ? w 8 � w z O U. z a u m N W 1 C7 Qm w U a w U v1 a w F z w N N N N N N N N ry N N N N N N N N N N N N N N N N N N N N N N N N N N N N N F QQ z z Z 2 W a a w [n C7 vJ F m ro a U a Q rx `-F� W 2" 2 'C3. W Ga. w 0 W a a G a v in .0 O N .w.7 z O a m w F V] O CG a F "' w w F O a. F F U I-+ M Q W a❑ x z P+ Q O ro 4 raj 0 U U U a a a m cn 7wy w W V W F U W K 0.N' 2 -? U w F Z y x U z a w (� x dw P• . J a W W z Q x W W F F W E Fq W U z S a a W w 2 a W z W [n z Z'r5c`� F 0 W a E-• ❑ o «] X !� a O z£ m z w a "wE�Z�rs'�f��cs8 a c3xRlS`a' vF "���a� "a O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O A a x ai z [n U u O� a U O F x x ❑ a w u c w F E' F F ry z 3 a a w z a H M w F z. :J m a❑ z a w x F o ❑ U O F W O F 5 b V U O W w i Z O a❑ O O Q z x F Q w 2 U E C� U cc(( O F u� O N F Q a0 U U7 vwi 8 F z0 S Ll Vi .] a CO 0.J O cn w [FJJ .7 U❑ W. W V1 W F.^ CL' i >+ a U N 3 w x gq w w ro> x iz a o a a z, F m z a F a a a f a z z o w z w W Q a u W a F F W S cK tX H m o m o cti a a F Y .l 3 a O .� to a (n GK 3 a a m r z � \ 61 F U w a W] F z aa .7 w t7 a o m >° Q a w f w S °u a° m w w as a 3 x .7 w 0 0 H I(1 P o1 O O r N 0 lf1 r of M N N P N VI N O O O O m 0 0 Ill p. U . . . r P Ut N M Ol I[1 N H O O M O O «l P N C to m I!1 r P N O m tI� N O m H O O K lf1 Ql m M m N M H m �''. � � P 01 H r r M M m r-+ � P� 10 m r to to 1p M M O N �o M r L1 M Q• O r r H r P U d:JJ; E G >:;S;r: 'iF3. Q❑❑ O❑ A ❑❑ ❑ Q A Q O Q❑ Q❑ Q Q Q A❑ Q ❑ Q Q A A A❑ Q Q A Q 4 Q A Q❑ A❑❑ Q (n !n (A V1 VJ VJ (D ro w m to (n to N w cn cn !n cn N v7 O to ❑ D ❑ D O p 7 7 a Q a❑ a� Q 7 7 ❑❑ 5 5 ❑ ❑ D 5 Q Q Q Q Q a 5 Q Q�❑ 5 7 D D a a Q Q] 5 r r r r r r r r r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O C O O O O W M o O O O O O O O O O O O O O O O O b O O O O O O O O '. m m m r� m m m m � O• T Ol Qi O� Ol Ol Ol O� Ol Qi Oi Ol Q� O� O� Ol � OI O• Ol 01 � Ol O� T 91 O• tri Ol O Ol O� Ol Oi N N N N N N N N ry N N N N N N N N N N N N N N N N N N N N N N N N N N N N N H O H O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O b O O O O O O O O O O O G O O O O O O O O O O O O O O O O O O O O O O O O O O G O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N a rn m O a m r z � \ w o a d:JJ; E ?� O U o 0 u H 7 N O i+ C -:' U G H N M P Uf to r N Ol G H N M P Ul U1 to r m m O N N N N M M M M M M r^ M M M P P P P P P N C Y Y u ye U R. - "�:'. P P P P 1f1 I!1 In If/ Ifl Ifl t11 lD b b b ID to to �D �O �o �o co lD �O �D to to �o i0 �o to io �o to �D 1p �D �o �o io �o tD �o •o �D �o to lD to tp Io �p V to to 1p t0 to In W to 1p to �p �o �O l0 1p �O to Io �O tD �O l0 m •D —+ O. !a It u' �O �D 1p 1p b �o to ID lD to w w r r r r r In r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r o lo N 2 r 0 0 \ cn w a 0 N v u x u U E 0 U o o H o > m C m p E m Z CC Agenda Item No. 16,13 February 13, 2007 O O N O O a a w a a w w w a Iai cU) w Q .7 1�4 ] a 2y w W H Q 4 2 x r w o E a 0 0 El a w o w a w a a u a a E a z U °a z ) w w o u w a a CD w a a a w 0 E a w a w w z o" u, w Q U 0 a w z v Q" a q u a z z U w v" E a s w m a" w a z x Q o o U E w w w m m a Q a u" o z a E z u u w w a " m w E a m °�za�'8�°�z e z o z a w w a E a a Q n Q a w a Q a a x w E w u o z U A a E U u z R1 a U W E W a Q z w C7 N w a Q N a Q m a E O V) (n (n O a w ?+ a z w Q a z W a z W cn z£ iU: w w z a a z U z x W Q z w a O o a w z o .z w U z Q z z Q a w w a W o w E u 2 w a a 2 2 O U m E Q z E ui a e1e��] U u z . -: rp[� E "QL a E >. ❑ W U U E r F F [xE] ❑ z W x+ Ir a E v U a a o » 0 o a a a s E fn a U .4 o E w a a x v U E H w z z o ca � A r w a m Q m o E o a x a Cl) U v w a) w a v E E u w > w w Q a w z ro U a • x u w u a c�n a > a u w n o w o o E a � h w x a 0 a F > a [ u n h u C m g x m Q aa z> > 0 0 0 0 0 0 0 0 0 M m O H O O O M O O O O O O r L'1 O m 0 0 Ifl O m 0 m O. O O R 'V' 0 0 0 0 0 0 0 0 m o m Ul V' r 0 o O M 0 0 0 0 0 d' O m o m O O C O m O m 0 r r IJl SD w O U1 Q� Ifl m m m I11 N O H VI m" In l21 M r m m N V'. V' m to O M II) O O m H N m m O N m eN m Ifl m ID m r r N 1n m to m O N m H N r C .•'� to M H H N m N m N 0 W H N m N m N O HH iiy;: O p p ❑ ❑❑ A A O p p p❑ O p ❑ ❑❑ A A CS A p p ❑ A p p❑ A q ❑ ❑❑ A❑❑❑ a❑ ❑❑ �: cn cn Cn u1 Cn Cn M m CO M m N !n N M M N m N M cn U) W Cn M U) U) m cn Cn u1 M w M M m In M fn W Cn N z a� a a a n w a a o a o 5] w x a a o z n o u a a 5� a o a a� o z o�� z�] U ❑ ro r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r o 0 0 0 o c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 b wa ta: o 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N H ri H H H H H H" ri " H H H H H H H H H 0 O O 0 p O O O O O O O O O O O O O O O O O O O O O 0 0 O 0 O 0 O H N M Ifl m m O H N M T Ifl �D r m m p e-I N M C ll'1 ID r m P. O H N M C �n ip r m m O H N C Ill W .w.I `° m I' m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N H H H H r-1 H H H .-1 H .-/ .-1 H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N r w m /( O Cq r w Z � \ w C Q sp!: N m .8 y 7 O r•i N M C lf) 1D r m m 0 H N M d' Ill lD r m m O H N M d• Ill 10 r m m 0 H N M d' 1/1 1p r m m 0 rl N M •X C r r r r r r r r r r m m m m m m m m m m m m m m m m m m m m o 0 0 0 0 0 0 0 0 0 .+ r+ .-+ H 10 ID 1p to ID �O �O \O W l0 \O lD �D �o w 1p �o to 1D �D 1D W 1D to ID 10 ip w �D ID lO \o V1 lD 10 �o �o lD U � ro Q N z O H •• a m w G � r 0 N 11 \ QI O N L rn i1 Y U U E O U O c n 8 � U W O ?+ m a E m Z 0 Agenda Item No. 16,13 February 13. 2007 v: H >D. r o ? o \. N I:u N G a a a Q u 0 a Cl) a z aao w m H m a z W W Q a Cl) z W W a w w ZZgrr, W a ❑ H Q d 0 z Ew" 11 F c a a u co a H m W H H v? tai. 04 3 to O F O R w M E-� w w C, n w $ HF > CA zQ M 4 ,Wl W a 0 v1 4 z W z PHd 0 ,W] 14 0 Q': W f Q fX pp Cx .7 .7 .a H ❑ cHi] Q ❑ [i ,a W tW� Q W 2 H0.' •H7 O [K G Z N O U G H W Q C .-] 2 r H 0 CY. U a Rl O W E"' .7 VHj z m 2 7: �4 m: a H H H Q v o w a m u ro n Q a W Q H o a£ aQ nQi u o H n a[ w q °� ° a � F U A Q W U H Q O � .O-r OU Ga. U 3 Z Ll N: Cn .] A Q 0. U M z W W 2. Q O Z Q Q CA O U Q H W U W C� W a O U z H 2 ..W77 m U U ,E- Z, w ?..l [+. �Hy t71 W W nH C� pVr� C4 0 zy7 OEZZ CL O S US i S U 3 W 4 6 �+ O Z❑ F Z B U f1 S W C: .z7 W(, y; Y: O Q❑ ❑ .] U W to Q W a O Z W Q x a W r-. r. x >, H Q S U H S W O❑ U CQf� 2 U W O rr a O A Z H 61 Gti Cx 0.H' O W W W W U J U H a �C x N W E Q O w w 0.' O£ !Y fiw] wm W LWil ❑ 3 S F U z a a W A fQl.� ❑ U W V) a x W Q W Q1 to W O W W ,-7 H W •-� GK a s Ra] qQ Q H U >+ a M z Z O H U Z Vi C� N `.G W rQ CY. W W N Ly Q w U W C Ci d O a W o0, H W t/� i Z fX H i ..7 W (r ❑ .-] Z 0.N a V) 2 W U£ H❑ O W Z W❑ W' w is x F o w E w u v u 5 ra% ou s x ua ° o m F w w u° a z >° a w x Q w Q > w H N O G T tf1 0 0 0 P N N ID m T 0 Ifl M O 01 C O O O T O to O O to � O N O m n N 0 \D In 0 0 0 �p 0 . 0. . . . . O. . . O m 0 _'.•� O P m r•l m tf1 O Vi n T P r r O n O �p n O T N T� Ol b N N m tp m 1D O V1 r Ow to T (T I11 N C m rfr r I EI: :?::k,'': Q A A A O❑ Q 4 g A Q A Q C 0❑ Q❑ A❑❑❑ O❑ A O❑ ❑ A❑ A A A❑ D O A❑ A O A❑ A VD W U) w U1 !n N V) (A Cn W CCI V1 V) V) U) Cn fn V] !!) W Cn !n V1 V) W (n U) to :D U1 Vi n W V7 V) fl] (1) m W V) 7 a a Q❑ A a� A❑ A A] A O a 5 5 a❑ Q a ❑❑ A A 7 5 Q❑ 5 h ❑❑ 0 5❑ .7 5]❑ m t ;?4y r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r ?. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ll f6: N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ry N N N N N N N N � :' P P P P P P P P P P P C P P P P P P P P P P C P P d' P P P P P P P P P P P P P P •!' 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N 3: > E i7: P In W r m rn o Y il::Ui r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r -se Y y v ;:>R?: �o �n �o �n m m rn m la b W W e �n G C U N z W � a r 0 0 N it N \ G1 61 O N En N i4 Y u F U E D U o o > m C �4 ti C N a E M 2 U Agenda Item No. 16,13 February.13, 2007 — _f 4n 'EY v �H2 »v as a w U) x o o z z w aW4 m N w O z Z N cFn u a F F y W a a a W W x £ o w w a a u z a a m M Q z z z x a O Q x �ZZ+ o ❑! a £ U�+ }x� pop,, x H u 0 z q z W O C7 M W u E- LI Z z O O ?+ x H 2 0: 04 F a x Q H£ w a O W W Z U O O F O p a W Q F> h p F" F L7 z H a, F a a U w d a ..7 £ 5 H W �-+ W W £ U+ .7 a Uf a H a W cJ U W H U O W F U O ] N U W a Z w 0 w p, W .. 7,, a £ CM. .7 W F f1 U x 3 W ..� •., U O- IY x F W "D u W Q W Y3 W o N f3 r3 a u W 7 u G w a R E3 ma W m Q PO W F S4 «+ 0 z a w O O �d: : =m: w Q C7 ❑ Z .a U' a oa 0,z z u aauaoza zax rz 2 F�oHw H w m u oa77CC> m Z ❑ a x- z z o w x o a Q w w w W ❑ 3> z u n o Q z Z c� W v> 2 0 z z F A4 x Q F 0 0 W W O z U C7 W H W .E U w a F U F x z ?+ z a u ozq U a z P4 H U] W W x �•+ x fY z O W w d .7 ?W� W N Q w�-y� �F-yl E x a w a W u a a£ a(yy a�rr m r F (£� Z G W W >+ W W w F.i x. G U x z a a o x 5 a u w x z o> x u a p a o a a rx w a 3 v w w o H d IX W a a F W ❑£ a g w F .0 F O �( O Q [t: £ f1,' Z w -• W w W O z a w O w 0 0 W 2 F H Z 7+ A. H O rX u W Q ro a N :>:Ei'i a O£ O W C7 N H W K Z 'WI W O: a z D' x H w w U F Q4 fL' W R: W .7 Z Q Q 0 0.' U a i-+ W rn F %4 U h Q o a z W H F w a w W a• F a a a r >� a v �'CF �2 £ F O ❑ r2j > Z g O C H RI !7 Dr 4Z a� O W 40 z❑ O O O W C. W W 3 O �-+ W W W W z a 3 �4 £ Z£ a N X F a 3 z F U U: p a a U' d a C7 W In O p O m O r 0 C w O H O N r VI C 10 O m O u5 O M O M H M r O L.7 O O m m O O r M 111 O 1D O p M O N .-1 .-1 r M O N m rl O M L(1 r c Ot N O N O O 01 N O O w m V' 01 r 01 O M VI M O O O t0 O m m 111 VI O O Ln 111 01 O O O M O O 1O m D\ m N d' O ti V' N M M If] O a m m m �D m w O M 111 O O r d' N 10 M 1p �O 01 M 01 d' �O 'r �"� N m iD M O ttl VI 10 10 C' `O 01 r 10 M w O V1 r N w 01 N 01 M M r '-f r m �•i 1D N d' Ln 10 U1 t1) M N U1 rl M .i e-I M lfl '-I M d' 111 N N N N .� ry M Ifl 14 r 1p N Ei A �'!i4t' q q q ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ q ❑ ❑ ❑ q ❑ q ❑ A q ❑ ❑ ❑ M ❑ 0 M ❑ q ❑ ❑ ❑ ❑ ❑ q ❑ q q ❑ ❑ q ❑ O UI W W W W W U7 W U1 W W W W W W W W W W W W W W W w w W W W W w W w W w W w M M W w w a z a a a a a a z z a o a o o a a o ] a o a ro r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O p O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N (-i M ;4l N N N N N N N N ry N N N N N N (V N N N N N N N N N N N N N N N N N . 0 N V m :Ri rl r-I 0 C) 0 0 0 O 0 0 0 0 C, 0 0 0 0 0 0 0 0 0 0 0 0 r1 0 .-1 0 0 0 0 C) 0 0 0 0 W N M d� 111 1D r m 01 p ti N M t!1 r m O N M to t0 r m O ri N M V' U1 r m O\ O rl N M V' N 10 Ln N 10 10 10 �0 10 tp �O l0 `D t0 r r r r r r r V1 N O n 0 0 O O O O O O O O O O O O O p O O O O O O O O o 0 o O O O O O O O O O O O O O O O O o o m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m N N N N N N N N N N N N N N N N N N N Cl N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O p, >:'ro•' O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O '�G➢:: N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N r a v a o � r a 0 \ w o a yy: W4'. IiFr: m > E y 7 q m M O .-1 N M tT ul l0 r m 01 O .y N M C �O r m 01 O .-i N M C I!1 1D r m Q1 O r( N M d' to 10 �O �D �0 l0 10 1D �O Y Y ♦! U '�: � m 10 1D 10 10 �D t0 10 10 10 10 10 10 1D 10 1D lD lD 1O �O 10 10 l0 �O b �D W �O 10 1D �D �0 10 i0 l0 W c w� ,r v� a� a w w m w C C U U/ �.,,.�.,: � o� w ef+ w a c c a� �r a v w w c v c ct• w .r d� w e �M a w a w a� ar a m r r r r r r r r r r r r r r r r r r r r QU r r r r r r r r r r r r r r r r r r r r r r r r N Z N • a m w o £ s r 0 N N N O L m v N x U iJ E E Uo ?� o G 8 8 0 � ro a E o 10 o M z U x G rt q .c H M W rn W O� O q r G. Z 0 \ C' o Q Y C Y Y x i u G G u v m m u s m q a u Agenda Item No, 16,13 February 13. 2007 a w a �w w w In w w w a at `s w m (n a a 7 a z w a Q Q Q a o N rar w o H �+ �S o [a a w a w F `C 4' cad .Z- U Hy 7y fs1 U1 0 z a A x J H w F o z W W H [k S U W m a cn 2 z a o a oo�KK o m 4 N OW £ O Z z E+ M x fn y F z H can m rn a umi ma w x N o r. w w �' w z❑ �. a C� w a 2 H U U W aa. U Z U [n w H z w Ivili W H. w❑ O M w£ w c UC N �+ d S: Yid p is � n 5 5FZao 1Zh t".Pzzpt�n£H H W 'l ��Z� GC'mu7U ro a a u w q� N z m a w H a 4 m z w a m FC u ck U l a x n w (n ..777 (� A H �+ � rn a z z w m o Z H 0 w w H H O F U z Z F Q U H F 0 Z Z .] a H (n K z 0 Q a o v W C O Oa' A W' n, F. 0 4 W C (n £ Z H .+ C7 H x 2 7. Q a (? 5> a x> O t7 aD N U a fX a Y Ln O W£ z FW+ U r. w Q W q A U F- 4 W r1 � l X U W z w W z> cj Z H w m F Z a F r (n :C4 C Z Q W p C7 q O �C w >+ Q m u x w— �. a N K j O w u w F ZZ,, d u x S4 q a F a x u a m z Q a o a Cl, f qaq a H x a U 3 4 >" cn H£ 3 [C x a U q�q z Q O a Z .7 >dl:: 0 0 as O O F O £ 0 0 0 4 /. O a C w o 3 w a x a w w E 3 SS i `u ❑ 7 m a w w> a w£ u a u a x x£ x> U W n N£ W ZD £ f h 3 a W q Q c 0 Qi m 0 1 r M 0 Ol 0 M O lfl 0 0 tp Ln r O m 0 0 lD N O O r O1 O U1 N m m O O N tft O N O t(1 .� c M O m 0 N IV D\ O M M �O O r 0 0 0 P l[1 O Qt O �p Ln tf) O n n D\ N O O� r o O P ry O r O M M . . . . . . . . . . . . . . N c r N rn m m n o m m N a m N in o o P M m m m m N �p N N r to N .� o N o o m o m o r rn w O N M t() O O N 10 r M m r N d� M, r-1 1+1 r N ltl ip N M O •-1 m N M M M t(1 N P O N 4 ❑ A❑ p A p A A A❑ A❑ p❑ A A A❑❑ p❑ p❑ A A A A -❑ ❑ A❑❑ A A❑❑ A A A A A A A q 0 cn (n cn cn to cn (n m VJ W m cn U] m u, W m W to W (n Cn fn m (A Ul cn cn V1 V] cn m Ul fn (/7 m In (fi Vj v, V] m a a a a a a a] a a a a z❑ a a o a a a a a a a a a a a 5 a o a a a a a a a a a a a a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O 0 O O O O O O O O O O O O O O O O 0 O O O O O O O O O 0 O O 0 O C O 0 O 0 O O O O O O O n m O N N M W tit tp r m Q\ O N N M tr 1fl t0 n m 01 O N N M 'V' tD r m O N N M P b r m m O 0 0 N -i N N N N N r1 r1 N O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 ll: m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m N N N N N N N N N N N N N Ni N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N H N N N N N N N N N N N .-1 O O O O O O O O O O O O O O O O O O O O G O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O C O O O O O O O O O O O O O O q O O O O O O O O O O O O O O O O O O 'tai o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O.t: N N N N N N N N N N N N ry N N N N N N N N N N N N N N N N N N N N N N fV N fV N N N fV N N O: >:u ua: N M P N b r m D\ O N N M P lil tp r m O N ry M P lfl 1p r m O\ O '-V N M P ifl 1D r m 01 O N N M P If) ri :i 0 0 0 0 0 0 0 0 N N .-t .-1 N N N N N N N N N N N N N N N N M M M M M M M M M M W d' P •�^ P V CI: m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m 1p w w r n n r r r r r r r r n r r r r r r r r r r r r r r r r r r r r r r r r r r r r n r n r Agenda Item No. 16,13 February 13, 2007 Page 1-2 r 2: N Z W. Q� r 0 0 N \ QNNl (Q�1 O a Q m w Q O a a 2 E z Q z" 8 W .-1 m W O z ° a a a 7 4 o V w w vmi w w H w a 0 a a m m M q F Q o w a z u a w a z a a a a w w a a o w 2 a W aO Q a£ Q .-1 m m a aw wa a awE m u xw as H aaQo rQ maz zH a4.aga o a> z a H m w m m z u o z a Q z H w W m a w H U O m W 0 7 Z, W a z C7 Q z m O m F O H a a N z Q x W a o a H a a > a m a a � W w w z a£ a � w v w W O}z u:n a ❑ 0 a a a H a m U zw o A u . o w m z am H a ratfilil 7 z QQ c1 � { l R N i il H OU OU an w H Az w w a O m w H 2 Y-� W m w a z a Q x A a a w s ❑ }" A z u a,qq w a w q..i E a �z,7 O zzqq a m mqq u a ly rH , a a CD 0 W w W z m A W W Q a a z a A H E w F h A w] a O£w7 a W a as xx m r OZ w a a o m a "a 4" a x wz z oaaawV ap�sc �z H>10~woa 9oowwX� tr zwuazNmzz�a �a dI �y o N. m o h a O o o H rQ1 r w E' U U U cp a w V U [�' A z 3 3 `.0 J4 A W w H u u IA 0. a i7 x u [A £ a w "� rn o P P m o o P m o 0 o vl O rn o 0 In M N o rn o N o m o 0 o m O Ol O M N 0 0 0 0 lf1 Ul .1 111 tD 'O O Ql O t11 O O O r O O N N O N Ol UI Vl rl .1 N •-I N rl ri '-i r N r-1 M eF N rl N M �D rl C -a' M ^I M r r U �}' : m 10 .-1 m N V� 10 N a� ti r-I ri N .i -i 10 O rf M Iff xil: A A A A A A A A A❑ A A ❑❑ A A❑ A A A A A A A A❑ A O❑ A❑ A ❑ ❑❑❑ ❑ ❑ ❑❑ A❑ A A m m m m m m m m m m m m m m m m m m m m m m m m V:, m m m m m m m m m m m m m m m m m W W m C a D A� a A a A O a A 7 A 7 A a 5❑ A a a a 5 a❑ a a 7 a A a 7 a a 7 A A a A A a A a A �EJ:: rt r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r O O O O O O O O O O O O O O O O O O O O O D O O O O O O O O O O O o O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O P P W v P P P P P P c^ P d' P V' N N :i.'Y.' N N N N N N N N N N N h N N N N N N N N N N N N N N N N N N N N N N N N fV N N N N N N N O O N N O 0 0 a 0 0 0 a O O O O O O O 0 0 0 O O O O O O O O O O 111 10 r m O� O N N �"t P N 10 r m 01 O N 1f1 tD r m O1 O ti N M d' IA �D r P d' P P P P ✓� Ifl Ift Vt �� 1!1 b� `� � m m� p, � N N N N N N N N N to M M M /�1 M M M M M C P d' P m m m m m m m m m m m N H. r1 rd rl ri r1 r'1 r-1 H 'i r1 r-1 r-1 N r�l r-1 N rl N .-1 ri rl M M M N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N H N ri H rl fi N rl ri N 0 0 0 0 0 0 0 0 O O O O O 0 O O O O O O O O O O O O O O O U O O O O O O O O O O O O O C O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N r a rn a O w r a w o a <�I Vo o Ol N W d' U1 1D r m rn v U/ 7 T b �O r m ON p .i N M C 111 kO r m O� O rl N M P e r m Ol O N t'1 P e r m Ol O .-1 N M r r r r r r r r r m m m m m m m m m U m 1p 1p b b r �O \D 10 1D 10 \O �O 10 W �D 10 t0 �D tD b lO �D 10 l0 0 G X L U ::.'m; lD 1D 1D 10 t� l0 10 10 �D 10 l0 1D W �O W 10 10 10 �D �O �O �D lD b y 16 N '+ P. G G ro ro rt a E w m a o ro o (ll z U N z .. a m w o 0 N Ya Q1 \ Z Q1 O N Y Q1 N Lr x U F :J E O U o T o C O >. wn c w0 ❑ E O rt O m z U m � u a L1 a w .-+ C: ra a a a O m r a z � \ w o a 44 i �r W, W, 6k" L+ N .yy v� Y tv m u c O7 co a V Agenda Item No. 16J3 February 13, 2007 X F ,.a X a n a F w w° a w F U w Q N S .7 a .wl Ittil q£ 3 x F >4 [x � a' z a ❑ F CX O �-+ w f p H u w m a Q4 w w w x cn o o u °w w a a a v a a a w z z n w e w U n a a a w a w o w a F o E w a w u o w w w a a x u z wn c�ww w vc�a zzazv aaa w w zm w w a a o H w o Z a o a a x a m s z a w O z a a w a wn F o 3 F a U N a H l o x a Q a O F a a a R. W .7 IY n f 0 z a a a F .7 a to i U z a z R 5i w a m u z w Cu w Ad f w f ah [ u z tH a w w F 3 U a a w X C7 a m .] W z a L �-+ H W W .� z z z •W S w F z U w wn wn f 0 z a �a." U .w.] F Z F+ (n C4 Q U Q '" F a a wn a a z a w w a v, a W w O z a° E- a 0 z a D w m a z o a H a a a u a a z w w a X z z a z x z w s a a a U z a W U z a a£ H C O a a O w �-. a c!: x m a .] U) p> ry w a 2 2 ° u o X a a a H w a z w w x w a u vF a z n w a F F g a a o a Ea w z o z w rz x w w M 3 H K C7 U w a M O w M W a CK CL' w CK a° C4 ❑ w W wn F C7 O E >1 M w (n a W 5 F O Cn w f a a W a au a °x o E> o a F z s u u a a w x> w U U J Xs > W a a a a° > m o o X a n a- d U an ❑ F ° x w z w w U V 3 a o H x x c Q o a U a x a Q o a M m> a Q a z E° v z n H ^ z w F u° a w a v o w a z a u a h z Q ro u a > > a °° u 4 o a z a a m 6 U u 0~ 0 0 0 0 0 0 0 to 0 0 0 0 0 0 1 x 0 0 0 0 0 0 0 0 .-1 P 1'1 m N O U1 N O r m 0 0 0 1n 0 10 O m O 0 P 0L� O O P 0 0 0 0 0 0 10 r 0 0 0 O 10 O O m N r r-I P a 0 0 a P O a a 0 0 0 a a N 1D 1D m .i P m U1 ul O 10 0 0 V1 0 0 0 0 1D N O M O m O r rl a .-1 N r1 O N r P m O r r 0 0 .-I ILf 111 M U1 rl lC O r l0 r a lfl r N a .-I Lfl O In N N lfl O r 0 0 0 r N r lf1 10 rl P .-I P r-1 N O N m 0 10 M N M rV r N M M a r-1 M P r O .1 r ti r-i rl H M n o H M O N l0 O O 1D l0 ❑ Q Q Q Q Q Q A❑ Q Q Q Q❑❑❑ Q Q Q A O❑ ❑❑ Q Q Q Q❑ A Q Q Q Q Q Q Q❑❑ Q Q❑ Q m m cn m w w w m m m m m w cn cn wn cn m vi w rn m m m cn rn m m- m �; m wn rn m ui v� D m m rn ] x a a 5] 5 o a x� r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r 0 o c o 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c 0 o 0 0 o o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ N Cv N N N N N N ry N N N N N N ry N ry N N N N N N N N N N N N N N N N N N N N N N N N N N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ O C O O O O O O O O O O O O O O O O O O D O O O O O O O O O O O O O O O O O O O O O O O a C .i N M i/1 m r m a O W 1f1 l0 r m a O N N M P V1 l0 r m a M P ltt 1D r m a O 'f N M P tf1 t0 r m a m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N CJ N N N N N N N N N N N N N N N N N N N N N N N N (\ N N N N N N N N N N N N N N N O .-1 N M P ui 10 r m a O. N M P 1 10 r m a O .-1 N M P N t r m a O .-1 N M P 1 w r m a O '-1 N M a a a a a a a a a a O O o 0 0 0 0 0 0 0 N N H .-1 I H N I rJ H N N N N N N N N N N M M M I m m m m m m m m m m m a a a a a a a a a a a a m a a a a a a a a a a a a a a a a a a a a l0 10 1D 10 10 10 1D 111 1D 10 l0 10 t0 b 10 10 10 W w 0 0 10 1D 10 10 40 1p 10 10 w 10 10 10 Vi 10 1D l0 1p 10 1D 10 10 10 1p P P P cY P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r N z 1p H .wrd 7 r 0 N N 4 N \ N O7 tT N 4 E O U c c D > w c a v rt N 0. E o m c m z c Agenda Item No. 16J3 February 13, 2007 r1.. ... A A -F 4 n <w; a w v a a ar a w avi m b Q Q w M N ro w a .� o o w a N a a d E E Ul W O. L L w Z w ¢ a w z O O z q: W M Q 4 w u •o w v v v w v o £ a w U o •� x x a w -� 0 G u + 4 W v - 4 w a a o v 4 ° a w v o wawa w, vva '0 w aU aCU y vw wuCav a op,wmu w w Q N w mw u w" � R '^Q w° 0 k w w� ro w m a v M. w< w y a a w m W w, v z 4 Q d 4 w u a L G w z m w m v v£ w m E z 4 c 4 4 F v w n z xa: E W£ a v v W X O w E Q 0 v C E m 2 m + v u c ro 0 0 v ro cn Wap� .7 w .1 O CL w T} -.•+ •.i G v tL' N •.� .G w �t .y O E �-qq+,, Cl v a 4 ly t+ A ro w .� £ i z Cl. Z 4 w F b ro i C m w W �G' Z Ea6 U Z C -.i 4 4 N >r 7 y F rt Z L1. 2 .01 Z -I O - Z Na C N Z Z W O a ?+ N 2 7 w Z 4 t51 Z C v U Z U~ z m (D H {7: cn 2 cd O .0 W££ O, C +� 'O +� z O Z w 4 O .0 7 G rt1 E7 I G Ql Q7 C i6 Z E7 W£ Q Apn W LCC Lp vl x w rt?� C��. pO 7O twfi X47 ^c47 yw� a1 1 3 G O U O a E? O O N C7 C Ul C7 N iX C U v N w N �/ ++ C], U U N O 3 3 3£ �T N O � 3 N� w x •� U E N Z 04 O O N C 4 U 4 W O A£ w m U 3> 7 N N ro > U w a 3 0 4 A O C 1.7 .0 h w U a d w ro h a� N C .0 v 4 w C t11 4 4 A -i 4 4 U -;EYi A W a G U] b tv w ,� .0 0 0 N N 4� N >. 16 rd F O Q N Q� +� N H 4 w v y C G w G G (V w- G 'O U U OW1 [T •n ,� y .-� w .-� a� a� .[ •r ,C U> 3 (d 4 4 4 4 4 X U L4 m .� 4 4 C7 u G U U 4 >�:Q1': Z N �-+ A •H +-� �tl R1 N E E M G w -C .G w r-1 Rf G R W O •� ..� ro 4 ro v N 0 16 ro N v N 0 0 0 7 4 N v >, rtf ro ro ro rS : •.i h 16 M .0 0 0 N b •.'f .� N z h h h h h h 7 h h ?'. a a a££ E£££ E E z z P M <D O O N O O m to .'1 P r N O O P M r N 0 O In to O r O N w m P r a 0 .-I- 0 0 0 0 1D 117 01 O- ::G .: O N P O O ri O O M m \O M O N r m 0 1D LD P H 0 0 M O m O r m M O M O O M O O O O N Ln 0 0 m m 1D O to 1n 0 0 111 r .� N M M N r1 O r m tn. M O (n r P N 01 In N 1D M m 1D C O rl. O O O N 1D M tp O M N 1I7 N� d' M U1 N P m Lfl E) M Ln P�� 1D O tD .•� N l0 .-1 P O1 M M M O O P Ln EI O M M .-1 r �^I ul In ri ti P N N r m m r r :4j <a!i A O A A A A A A A A A A A A A A A A A A A A A A A A A 4 A A U) A A A A A A A A A A A A A EJ (n E] E1 Eq E1 E1 V] E1 EJ co El co E) VJ N U1 VI EI El V1 fn E1 If] E1 El E) E1 U) E3 V1 EA (n m CO EJ W N CO CO V1 E] EI CO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O o O O O o O O O o a O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N ,G 1n .0 m A: ;:ps fi r-1 e-1 .-1 N N r-I ri ti fi 0 0 c o o 0 0 0 c c c c 0 0 0 c o c o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 N M P In 1D r m 01 O .-1 N M P In tp r m Q1 O N M P to lD r m O� O N N M P 1n b r m m O r-f N M W rl N N N N N N N N N N M M M M M M M M M M P P P P P P P 'V' P P E1 E7 1f1 to L!7 E7 1n N 1[1 N tD Lp 10 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N m m m m m m m m m m m m m w m m m m CO m m m m m m m m m m m m m m m m m m m m m m m m :G:'. N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N .-I rl ti fi N r1 r-1 0 0 N 0 0 O O 0 0 O O O O 0 0 O 0 0 0 o o 0 0 0 0 o 0 o 0 c O o O O o O O o O O O O o O o O o O O O O O O O O O O O O o O O O O O O O o O o O O O c O O O O O O O O O O O O O O O O O O O O O O O O p O O O O O O N N N N N N N N NN N N N N N N N N N N N N N N N N ry N N N N N N N N N N N N r a � R o m r a 2 1D \ W o d €a 4 kf'. 4 w _:4?.: >, v •... P U7 t0 r m 01 O r1 N M P 1n r m Qr O M N M P El 1L r m T 0 .-1 N M P lit 10 r m N 0 .-� N M P U7 t0 r X C "- ';}�:: v N N N Ln In EI 1D lD l0 LD 1D 1O lO 1D N 1U r r r r r r r r M M M M M M P P P P P P P P P P m M 10 m rn m m rn m m m rn rn rn m m rn m m m m m m m m rn rn rn rn m m m 10 10 rn rn rn M M w o w 1D LD 10 W w LD W Lo Lo Lo to � Lo 1D LD 1D Lo W 1D 1D w 1D ua lD 1D 1D Lo �D to 10 W 1D 1n 1D to � 10 w 10 1D Ln LD 1D w w w w w C G U N P P P P P P P P P P P P P P P P P P P P P P P P P C P P P P P P P P P P P P P P P P P P 10 W QU a m W N Q r 0 N N H 71 N m N u 9i U >. o U O > m C b d ro ro a E o ro o C2 z u Agenda iiem No. 16J3 rebruary 113, 2007 - -r 18 Q1 r-� w a v > w x (Wn O 3 .ai .7 61 «7 O > O a F Co do vX w O a W rn S m W x r,. m C7 C x a7 w En f A m C N to F m N .•� w �.d7 £ CL i� W m 'N C r♦ w vl tr� CL 3m d ro 6, m z zz �t O F w W O -Oi u ."a� z u C7 0 0 04 > F4 C RS V m w m z N H c a a o o w w w X w w m v v o c c a o v 'df> m 0 w .] m et ro ❑ U£ F a z QQ F z w C C U 'c5 d W Q [w H C z W z W U m a 0 z N U O CT H •p OJ O W U [c m w F a X.i C a� O v u a m 4 z a N E? 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G U L N m t� [K m O O O N rt3 ro z O 3 F x d G H O O W C N O U C O ro C a ,k4F: m m m m m F H H 3 h z M Q M U 3 0 0 lfl 0 0 N r O� r O O N N UI O O w.. O P b r O O O r C 0 0 rt N If1 b C O C M .: O M O O O N N m O M Ln N O O H O P O P r O PD 4 N N M M O N O N 'ii N O r N .-1 rV rl ri P r r N ri rr N r- N .-� O� b C r-i Ul N lD N M O CD O m P M N n r M m N OJ rl G' Y Q Q❑ G G❑ Q❑ O G Q Q❑❑ Q Q Q G G Q Q❑ Q ❑❑ Q Q z G Q G Q G m Q Q Q Q U) m m m m m m m Cl) m m m m m m m m m m m m m m m m m m m m cn m m m m m m m m m m m :D pq r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N ry N N N N N N N N N N N N N N N N •' - P P P C' P P P P P P P �D �L �p b b tp l0 �O t0 �O �D �D �O b �0 �O b �O lD 1p �p �O b lIl Ifl �f1 �f; 1p �D 4: ri rf ti r♦ rl rl .-I N -1 .-1 r/ r-1 r+ rl ri rl r-i r. r-1 .y N .-i rl N rl rl H r--I ri rl N N r1 rl rf r+ N N N -,�:: O O O O O O O O O O O O O O O O O O O O O O G O O O O O O O O O O O '•'� � P U1 b r ai O� O r+ N M P P U1 b r t9 'J, C ra N M P ill b r m 0� O ri N M P b b� O r+ N T O �' � b b �➢ \O �D l0 r r r r r m m m m m m V� O� p� pi T Q� O� Q� p� 0 0 0 0 0 0 0 0 .-I .-1 .-� N fV N f: ry N N N N N N N N N N N N N N N N N N N N N N N M M M M M M M M M I'm M M N N N N N N N N N N N N N N N N N N N N N N N N N N D O O G O O O O O O C O O O C O O O C O O O O O O O O O O O O O O O O O O O C O O O C O O O O O O O O O G O C O O O O O O O O O O O O O O O O O O O O O O O O O C� -:itl:, O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O r ''W': N N N N N N N N N lV N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N C. N a O W r a 0' Y Wi V F L m E L :: CD O� O rl N M P itl �D r m N M P �l1 b r CD O� O rV N M P Vl �O r m � O eti N M P �!1 tp h W 01 O O i Y C �:�'' r r m m OJ m m CD m QJ m M M M M M M M M P P P P P P P P P P lfl 111 1[1 N lfi U1 Lf1 V1 In l!1 b v U.. T Oi T T O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 4 E �' C C U N P P P P P P P P P P P P P C P P P P P P P P P P P P P P P P P P P P P P P P P P b m Q 4 U A� !o <a N Z. 0 0 N U O N v X U F U E 0 U O ro sJ c m Agenda Item No. 16,13 February 13, 2007 Page 16 ef 18, 4 ,U. Wi a a a w w w a w w a w U u u � a w w w w w l www 4 —1 w w a qa o' w wam w w w a 1 0 0 0 w w w w m m W W W W N a .w] E E_ a W ° p„ Z £ H H E 3 a a a w W W W W w w w W Q w 2 o a a UW CL Q E E Q Q W W s U U Q N z z x w co z O a s O a o 0 0 0 0 W a 3 Q 3 Q 3 W >C- W P+ V G V U U U Q O >? E a vI U1 cn w w w Z UJ m (}; a w W W w W W W W W W E a a W a O W W W W 0 w a rurb�) A j a .a7 a s U1 w a W W 2 a alai W Pa. W a N£ Z x a V] W W II7 O O O `.4 w a #3 8 8 8 8 8 8 6 8 f� 6 �& � z a o E �i u Qq Q Q q t z m A m w a w a x x E H F H H H F F w w w f w z Q ,2qa, 42 7 47..., w a w x E H i" z a££ W S Q w v v a a Q w a a H E N Cw7 "QL z 2 H z Z �. aEEH EzH Ewwwaaaw uu ua �.� °aw`9�aa w�rQ000�c�a U U U U W W a Q W w CQ7 4 w W W w W m to ° H '�.1' Q£ W F F, 1 o c O° Z a x w w w w a z 9a z z z w Z o w z Q £ H z z z H z x o a o O w W W W ° 0 x ° °°w W W H o a 0 a a o g a a E a U N J Q 0 t o 0 0 0 0 0 0 O O o O a ° a > U > U E M A U U V U U U a r 0 0 V' UI lt'1 lIl lf1 Ifl ll1 Ill N O ri O d d m e-1 O �D 0+ w y' � Q' O N O r' \O 0 0 0 0 o M 0 0 0 0 0 0 O O O m m m m m m m m M O 0 O O O .� N �D .-1 "� M t!') ID O N �D O O O O O rl 0 0 0 0 0 0 ?:44: N Ill - IA m M N 1O ID O ID N O N Ol O O O O O C r m m 0 0 0 Ol N m IIl I.fl 111 U1 IfI tl1 N O rl O 4l1 OI r- N Ill Q� �: O N Ill tll rl Il1 R O O Ifl O Ifl N O ll1 M Ifl In Ill In O O In m d� l0 If1 n C rl rl O Ol LD 01 N O M In M lD r ID w CI ID C ID M N N ID w ID m T �-I VI N lfl I'm C, N r N IO m I°I r-I N �i :QS 0 0 [A o oC� o A Q 0 m N [Qn O vOi W O O w W to Q Q ri) W U)i a w O w w w O cn co [ 5 M D 7 7 w a 5 7 a� W W ] D a 7 w 5 W] w O a a a a] a o o o 0 0 0 o c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o .d ;:.0 ! 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 G 0 rn N o 0 0 o O o 0 0 o O o 0 0 0 o 0 0 0 O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 m >D m M dI N M d' Ill M r m N IO r M r rl In M In m •J' N M O .-: N w ID t0 Ip ID 1D r r r m m m QI Ol D� O Ifl n r h r N N M V' d� m m I!I lfl IIl N l0 r m m m 0 0 0 Ol Ol ri �Ni �N-r .N -IN-i N-1 N N-I �N -+N-I .ry-I N-I ti ti �N-I ti ti N ti rN-I ti O O O O O O O O O O o O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O r f+ D, rn m0 r a z 0 m w o a o W'! o x U N N m S .0 N v U tq A 6 F: 2f Ol O .-� N M W Ifl �D r m Q1 O r•+ N M V' u'1 lD r m Ol O .� N M d' U1 ID r m 01 O �-I N M W Ill ID n m 01 O o 0 0 0 0 0 0 0 o c o O o 0 0 0 0 0 0 o d o 0 0 0 0 0 0 0 0 0 0 C Y .1G a.l Ol - ��,G�' w ID v p, ,Cp ro U E m M U W 0 c� Agenda Item No 16,13 February ]%20 Page 17 of 18 \2 )\ &I3 \ \\ ) � \ � } � � � � � � � : As � \ � \ � ) N z 0 0 N la 41 \ U1 pl O N Q1 N L Agenda Item No. 16,13 February 13, 2007 Page 18 of 18 Agenda Item No. 16J4 February 13, 2007 Page 1 of 16 --- EXECUTIVE SUMMARY TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF JANUARY 27, 2007 THROUGH FEBRUARY 02, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD. OBJECTIVE: To present to the Board of County Commissioners the disbursements for the period of January 27, 2007 through February 02, 2007 for approval as well as to obtain approval for the submission of the disbursement listing into the official records. CONSIDERATIONS: In accordance with Florida Statutes, Chapter 136.06(1), the Clerk's office requests that these listings be approved and made part of the official records of the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Disbursements as totaled on the attached report RECOMMENDATION: That the Board of County Commissioners approve the disbursements listing for the period of January 27, 2007 through February 02, 2007 and submit these documents into the official records. a' 4 t O Prepared B : 0� +� Date: 495 o-7 p Y — -- °Z — Lisa N. Melvin Assis ant General Operations Manager Reviewed By: Date: lsJO Cons ance C. Murray, CGFO General Operations Manager r-~ Agenda Item No. 16J4 February 13, 2007 Page 2 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 15.14 Item Summary: To obtain board anprooal for disbursements for the period of January 27. 2007 through February OZ. 2007 and for submission into the off vial records of the board. Meeting Date: 2/13 %200, 9.00.00 AM Approved By Lisa Melvin Assistant General Operations Manager Date Clerk of Courts Finance 21512007 9.39 AM Approved By Connie Murray General Operations Manager Date Clerk of Courts Finance 21512007 10 :10 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 2151200710:42 AM Commissioners Vendor 102052 MITCHELL & STARK CONSTRUCTION CO 104137 COLLIER COUNTY PUBLIC SCHOOLS 104327 MALCOLM PIRNIE INC 106494 HDR 107914 CAMP DRESSER & MCKEE 109220 MAGNUM CONSTRUCTION MANAGEMENT CORP 100848 DISTRICT TWENTY MEDICAL EXAMINER 1010 INTERNAL REVENUE SERVICE 100005 A GAIL BOORMAN & ASSOCIATES 112150 JOHN CARLO INC 112985 AKERMAN CONSTRUCTION CO INC 101190 FLORIDA UNEMPLOYMENT 100813 DEPARTMENT OF COMMUNITY AFFAIRS 100378 BETTER ROADS INC 100677 COMMUNICATIONS INTERNATIONAL INC 100804 DELL COMPUTER CORPORATION 100861 DON HUNTER SHERIFF 102261 OFFICE FURNITURE & DESIGN 102864 SUNBELT OFFICE FURNITURE 113956 WILLIS OF FLORIDA 102864 SUNBELT OFFICE FURNITURE 103795 CDWG 103795 CDWG 100541 BONNESS INC 100973 COMMUNICATIONS INTERNATIONAL INC 102052 MAIL BARCODING SERVICES OF SWFL INC 100628 CDWG 103231 GOVCONNECTION, INC 104117 CH2M HILL 104136 ENERGY RESOURCES INC 100589 MITCHELL & STARK CONSTRUCTION CO 100897 COLLIER COUNTY SHERIFFS OFFICE 103795 WASTE MANAGEMENT INC 104834 FLORIDA ASSOCIATION OF COUNTIES 100801 WASTE MANAGEMENT 101862 CLERK OF COURTS 103230 DWIGHT E BROCK CLERK OF COURTS 103959 CDWG 104044 JENNIFER EDWARDS, 104573 DEANGELIS DIAMOND CONSTRUCTION INC 112109 LODGE CONSTRUCTION INC 100420 WASTE MANAGEMENT INC 100677 MCDONALD TRANSIT ASSOCIATES INC 101900 DOUGLAS N HIGGINS INC 103795 GREELEY & HANSEN LLC 104468 GULF COAST LANDFILL 100160 AMERICAN GOVERNMENT SERVICES CORP 110401 CORE SERVICES LLC 111688 CITY OF EVERGLADES CITY Agenda item No. 16J4 February .13, 2007 Page 3 of 16 Payment amount Clearing date Clearing document 49,950.00 1/29/2007 2000128338 111,625.00 1/29/2007 2000128339 177,903.50 1/29/2007 2000128340 9,330.00 1/29/2007 2000128341 77,945.26 1/29/2007 2000128342 1,102,334.32 1/29/2007 2000128343 38,979.17 1/30/2007 2000128346 157.14 1/30/2007 2000128347 4,380.00 1/3112007 2000128833 609,303.84 1/31/2007 2000128834 24,155.10 1131/2007 2000128835 6,873.16 1131 /2007 2000128836 16,214.15 1/31/2007 2000128837 1,360.83 1/31/2007 2000128838 242.05 1/31/2007 2000128839 917.08 1/3112007 2000128840 81, 836.25 1/31/2007 2000128841 6,453.12 1/3112007 2000128842 461.74 1131/2007 2000128843 2,000.00 1/31/2007 2000128844 8,733.02 1/31/2007 2000128846 857.58 1/31/2007 2000128848 168.99 1/31/2007 2000128849 3,375.00 1/31/2007 2000128883 867.1 1/31/2007 2000128884 1,136.30 1/31/2007 2000128885 5,961.43 1/31/2007 2000128886 177.54 1/31/2007 2000128887 76,244.18 2/1/2007 2000128850 94,320.00 2/1/2007 2000128851 146,718.41 2/1/2007 2000128852 12,488,166.00 2/1 /2007 2000128860 26,898.40 2/1/2007 2000128861 36,020.32 2/1/2007 2000128862 2,214.60 2/1/2007 2000128863 64,700.00 2/1/2007 2000128864 348,886.36 2/1/2007 2000128865 828.99 2/1/2007 2000128866 193,827.27 2/1/2007 2000128867 160,093.73 2/2/2007 2000128868 57,749.82 2/2/2007 2000128869 91,784.93 2/2/2007 2000128870 81,615.21 2/2/2007 2000128871 178,471.72 2/2/2007 2000128872 32,277.50 2/2/2007 2000128873 59,243.91 2/2/2007 2000128874 83,398,50 2/2/2007 2000128888 9,926.40 2/2/2007 2000128889 600,000.00 212/2007 2000128890 17,177,084.92 Agenu ;; > `r J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J EP. 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H❑ m ro r r r r r r r r r Cn fn fn Cn Cn O x N tK+J tK+J w 0 w m m w m to O w C q r N ] C O co � t, '*7 t- x r r r 3 z n x m <:, m r +ir: ro rt N � 5 ��� '^ x c m n q o � \ z o q � ro b W K m rt w y h a m 7 x n z 0 a 3'0 w ro � L7 C CD � � o 1 N \ , n o 3 n 'T m 0 Z m Agenda Item I February Page a?R �n � 3 w h] r c Agenda Item No. 16K1 February 13, 2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve a budget amendment in the amount of $150,000 for Outside Counsel fees and $40,000 for Other Contractual Services (used for experts and consultants). OBJECTIVE: For the Board to approve a budget amendment in the amount of $150,000 for outside counsel and $40,000 for Other Contractual Services (used for experts and consultants). CONSIDERATIONS: During this fiscal year, the County Attorney Office has expended funds to hire outside counsel firms to provide specialized assistance with the Affordable Housing Ordinance and in the Collier County vs. Brock case. Approximately $8,200 in outside counsel fees and $20,000 in costs (other contractual services) have been expended on issues relating to the Affordable Housing Ordinance. Approximately $73,000 in outside counsel fees and $5,000 in costs (other contractual services) have been spent on issues relating to the litigation case of Collier County v. Brock. There is currently one outstanding invoice in the litigation case in the amount of $18,139.55 ($16,192 fees; $1,947.55 costs). As always, the County Attorney budgeted conservatively for the year noting to the Board that he would return for a budget amendment if the need arose. It has been several years since a request has been made for additional funds for outside counsel services. FISCAL IMPACT: It is anticipated that this may be sufficient to conclude these two matters and possibly handle any additional issues that may arise for the remainder of the fiscal year, a budget amendment in the amount of $150,000 for outside counsel (001- 100520 - 631100) and $40,000 for other contractual services (001- 100510 - 634999) will be needed. Funds are available in general fund reserves to be transferred to the Office of the County Attorney's budget, Fund 001. Any money not expended through the fiscal year will be returned to the general fund. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: For the Board to approve a budget amendment in the amount of $150,000 for outside counsel and $40,000 for Other Contractual Services (used for experts and consultants). Prepared by: David C. Weigel, County Attorney 06 -07 budget/4 I,-. Agenda Item No. 16K1 V February 13, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K1 -•-- Item Summary: Recommendation that the Board of County Commissioners approve a budget amendment in the amount of $150,000 for Outside Counsel flees and $40,000 for Otnei Contractual Services (used for exoerts and consultants). Meeting Date: 211312C07 9 0000 AM Prepared By David C. Weigel County Attorney Date County Attorney County Attorney Office 1/22/2007 12:45:26 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 1I26t2007 2:17 PM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management & Budget 1/3012007 7:46 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/3112007 4:35 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1/3112007 6:03 PM Commissioners Agenda Item No. 16K2 February 13, 2007 EXECUTIVE SUMMARY Page 1 of 17 ,.., Recommendation to approve settlement at mediation and prior to trial in the lawsuit entitled John S. Segro, James W. Antoniou and James A. Antoniou, Jr., a minor i,. P&K Pole Products, et aL, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 02- 2096 -CA, for a total amount of $125,000.00. OBJECTIVE: Board of County Commissioners' approval of the settlement prior to trial, whereupon the County would pay $125,000.00 and the lawsuit and all claims against the County would be dismissed with prejudice. CONSIDERATIONS: On February 21, 2001, Plaintiff Segro was the operator of an automobile with Plaintiffs, James W. Antoniou and James A. Antoniou, Jr., a minor, as passengers. While the Segro vehicle was going southbound on Airport- Pulling Road near Radio Road, the Segro vehicle was involved in a minor accident with a pickup truck. As a result of the accident, the Segro vehicle went off of Airport- Pulling Road coming to rest against a Collier County light pole which failed to break away on impact as required under the appropriate FDOT standards. As a result of the impact, John S. Segro sustained the following damages: a concussion, a broken neck, a collapsed lung, three and one -half months hospitalization, both hips broken, tail bone came through his skin, emergency colostomy, insertion of an emergency stent, loss of 102 pounds, two knee surgeries with a future knee surgery required. Plaintiff James W. Antoniou sustained a right torn bicep, knee injuries, back injuries and chest injuries with medical bills of approximately $73,000.00. He also requires future surgery of his back estimated at approximately $30,000.00. The infant son, James A. Antoniou, Jr., sustained leg and hip injuries incurring medical bills of $12,000.00. All three Plaintiffs sued Collier County and others. The allegations against the County were that it negligently failed to maintain the light pole and the ground around the light pole as required by the FDOT standards in place at the time of the accident; and, as a result thereof, all three Plaintiffs had enhanced injuries due to the failure of the pole to break away at the time of the impact. The pole, in fact, struck the Segro automobile behind the driver's door crashing into the automobile. Segro had to be removed from the automobile by the Jaws -of -Life and was Medivac'd to a hospital in Lee County. Based upon the happening of the accident, the injuries received by the various Plaintiffs, the hospital stay and medical costs incurred, settlement at $125,000.00 is reasonable -- $100,000.00 to be paid to Plaintiff, John S. Segro, $20,000.00 to James W. Antoniou and $5,000.00 to James A. Antoniou, Jr. If this matter went to trial, the trial costs for expert safety engineers, accident reconstructionists and medical doctors would range somewhere between $40,000.00 to $65,000.00. FISCAL IMPACT: The settlement offer recommended by staff amounts to $125,000.00 total. Funds are budgeted and available in the Risk Management Property & Casualty Fund No. 516121650. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: The failure of the light pole to break away definitely caused enhanced injuries to all three plaintiffs. The co- defendants in this matter also settled with the Plaintiffs for a total of $500,000.00. Both the County Attorney and the Risk Management Director opine that settlement in the total sum of $125,000.00 for Plaintiffs' claims is reasonable and cost effective under all the circumstances. RECOMMENDATION: That the Board of County Commissioners approve the settlement proposal of r-- $125,000.00 for all of the Plaintiffs. PREPARED BY: William E. Mountford, Assistant County Attorney 05.0349/1058 Agenda Item No, 16K2 February 13, 2D67 Page 2 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K2 Recommendation to approve settlement at mediation and prior to trial in the lawsuit entitled ...- -- Item Summary: John S. Segro, James W AntoriOU and James A. r;ntoniou.. Jr_.. a minor v. P &K Pole Products et al.. filed in the Twentieth Judicial Circuit in and for Col'�.ier County. Florida.. Case No 02- 2096 -CA, for a total amount of 5125.000.00. Meeting Date: 2/13120079:00.00AM Prepared By William Mountford Assistant County Attorney Date County Attorney County Attorney Office 1/2412007 3:12:26 PM Approved By William Mountford Assistant County Attorney Date County Attorney County Attorney Office 1125/2007 2:12 PM Approved By Jeffrey A. Walker, CPCU, Risk Management Director Date ARM Administrative Services Risk Management It2912007 10:29 AM Approved By David C. Weigel County Attorney Date County Attorney Countv Attorney Office 112912007 11:52 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1130!2007 7:49 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 113112007 4:46 PM Approved By �..,. James V. Mudd County Manager Date Board of County County Manager's Office 1t31i2007 6:17 PM Commissioners Agenda Item No. 16K2 February 13, 2007 Page 3 of 17 SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release ") is entered into and made on this 16th day of January, 2007 by and between John S. Segro, (hereinafter referred to as "Plaintiff ") and Board of County Commissioners For Collier County (hereinafter referred to as the "County "). WIT NESSETH: WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, styled John S. Segro, et al. v. P &K Pole Products, et al., Case No. 02- 2096 -CA (hereinafter referred to as the "Lawsuit "); and, WHEREAS, Plaintiff and the County, without either of them admitting any liability or fault, desire to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, to the incidents described or allegations made in the Complaint filed in the Lawsuit; and, WHEREAS, Plaintiff and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. 1 Agenda Item No. 16K2 February 13, 2007 Page 4 of 17 NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Plaintiff and the County agree as follows: 1. Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses ", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and in consideration of the sum of One Hundred Thousand Dollars ($100,000.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff agrees to dismiss the Lawsuit with prejudice. 3. In consideration of the resolution of the Lawsuit, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Plaintiff, on behalf of himself, as well as on behalf of his attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby expressly releases and forever discharges the County, as well as its elected officials, officers, employees, ex- employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that he has asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the Complaint in the Lawsuit. 2 Agenda Item No. 16K2 February 13; 2007 Page 5 of 17 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement and Release, Plaintiff and the County agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Agreement and Release. 5. Plaintiff and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 6. Plaintiff and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either Plaintiff or the County. 7. Plaintiff and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 8. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. In the event of an alleged breach of this Agreement and Release, Plaintiff and the County agree that all underlying causes of action or claims of Plaintiff have i Agenda Item No. 16K2 February 13, 2007 Page 6 of 17 been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Plaintiff and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 10. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed this Agreement and Release as set forth below. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA in Date: C! Date: JAMES COLETTA, Chairman JOHN S. SEGRO, Plaintiff Agenda Item No. 16K2 February 13, 2007 Page 7 of 17 THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by John S. Segro, before me, this day of Signature of Notary Public Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: Approved as to form and legal suff iciency: William E. Mountford Assistant County Attorney ,200-- Personally Known or Produced Identification Type of Identification Produced Agenda Item No. 16K2 February 13, 2007 Page 8 of 17 SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release ") is entered into and made on this 23rd day of January, 2007 by and between James W. Antoniou, (hereinafter referred to as "Plaintiff") and Board of County Commissioners for Collier County (hereinafter referred to as the "County "). WITNESSETH: WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, styled John S. Segro, et al. v. P &K Pole Products, et al., Case No. 02- 2096 -CA (hereinafter referred to as the "Lawsuit "); and, WHEREAS, Plaintiff and the County, without either of them admitting any liability or fault, desire to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, to the incidents described or allegations made in the Complaint filed in the Lawsuit; and, WHEREAS, Plaintiff and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. 1 Agenda Item No. 16K2 February 13; 2007 Page 9 of 17 NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Plaintiff and the County agree as follows: 1. Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses ", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and in consideration of the sum of Five Thousand Dollars ($20,000.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff agrees to dismiss the Lawsuit with prejudice. 3. In consideration of the resolution of the Lawsuit, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Plaintiff, on behalf of himself, as well as on behalf of his attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby expressly releases and forever discharges the County, as well as its elected officials, officers, employees, ex- employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that he has asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the Complaint in the Lawsuit. 2 Agenda Item No. 16K2 February 13, 2007 Page 10 of 17 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement and Release, Plaintiff and the County agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Agreement and Release. 5. Plaintiff and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 6. Plaintiff and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either Plaintiff or the -- County. 7. Plaintiff and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any parry based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 8. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. In the event of an alleged breach of this Agreement and Release, Plaintiff and the County agree that all underlying causes of action or claims of Plaintiff have 91 Agenda Item No. 16K2 February 13, 2007 Page 11 of 17 been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Plaintiff and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 10. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed this Agreement and Release as set forth below. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA JAMES COLETTA, Chairman James W. Antoniou, Plaintiff Date: Agenda Item No. 16K2 February 13, 2007 Page 12 of 17 THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by James W. Antoniou, before me, this day of , 200_• Signature of Notary Public Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: Approved as to form and legal sufficiency: William E. Mountford Assistant County Attorney 5 Personally Known or Produced Identification Type of Identification Produced Agenda Item No. 16K2 February 13, 2007 Page 13 of 17 SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release ") is entered into and made on this 23rd day of January, 2007 by and between James W. Antoniou as parent and natural guardian on behalf of James A. Antoniou, Jr., (hereinafter referred to as "Plaintiff") and Board of County Commissioners for Collier County (hereinafter referred to as the "County "). WITNESSETH: WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, styled John S. Segro, et al. v. P &K Pole Products, et al., Case No. 02- 2096 -CA (hereinafter referred to as the "Lawsuit "); and, WHEREAS, Plaintiff and the County, without either of them admitting any liability or fault, desire to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, to the incidents described or allegations made in the Complaint filed in the Lawsuit; and, WHEREAS, Plaintiff and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. 1 Agenda Item No. 16K2 February 13, 2007 Page 14 of 17 ® NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Plaintiff and the County agree as follows: 1. Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses ", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and in consideration of the sum of Five Thousand Dollars ($5,000.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff agrees to dismiss the Lawsuit with prejudice. 3. In consideration of the resolution of the Lawsuit, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Plaintiff, on behalf of himself, as well as on behalf of his attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby expressly releases and forever discharges the County, as well as its elected officials, officers, employees, ex- employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that he has asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the Complaint in the Lawsuit. N Agenda Item No. 16K2 February 13, 2007 Page 16 of 17 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement and Release, Plaintiff and the County agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Agreement and Release. 5. Plaintiff and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 6. Plaintiff and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either Plaintiff or the County. 7. Plaintiff and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 8. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. In the event of an alleged breach of this Agreement and Release, Plaintiff and the County agree that all underlying causes of action or claims of Plaintiff have 3 Agenda Item No. 16K2 February 13, 2007 Page 16 of 17 been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Plaintiff and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 10. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed this Agreement and Release as set forth below. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES COLETTA, Chairman 4 JAMES W. ANTONIOU as parent and natural guardian on behalf of James A. Antoniou, Jr., Plaintiff Date: Agenda item No. 16K2 February 13, 2007 Page 17 of 17 THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by James W. Antoniou as parent and natural guardian on behalf of James A. Antoniou, Jr., before me, this day of Signature of Notary Public Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: Approved as to form and legal sufficiency: William E. Mountford Assistant County Attomey E 200. Personally Known or Produced Identification Type of Identification Produced Agenda Item No. 16K3 February 13, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcel 140 in the Lawsuit Styled Collier County v. Rosa A. Hernandez, et al., Case No. 05- 1033-CA (CR 951, Project No. 65061) Fiscal Impact: $56,000.00. OBJECTIVE: That the Board of County Commissioners approve an Agreed Order for Payment of Expert Fees in Connection with Parcel 140 in the lawsuit styled Collier County v. Rosa A. Hernandez, et al. (CR 951, Project No. 65061). CONSIDERATIONS: The parties reached a mediated settlement and a Stipulated Final Judgment was entered on July 26, 2006 by Judge Ellis. Pursuant to §73.091, Fla. Stat., the property owners are entitled to all reasonable and necessary costs incurred in defense of the eminent domain proceeding. The property owners submitted invoices for business damage /Certified Public Accountant fees and costs totaling $47,767.50 and architectural fees and costs totaling $32,620.37. Through negotiation, the parties have agreed to settle for $40,000.00 and $16,000.00 respectively. If the settlement is approved, the County is responsible for the following costs: • Business Damage \Certified Public Accountant: $40,000.00 • Architectural Fees $16,000.00 TOTAL $56,000.00 Attached is the proposed Agreed Order providing for the above stated funds. The County has paid the expert fees for Respondents' appraiser, planner and engineer. FISCAL IMPACT: Funds in the amount of $56,000.00 are available in the FY 2007 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Order as to Parcel 140; and 2. Approve the expenditure of funds as stated. PREPARED BY: Heidi F. Ashton, Assistant County Attorney .— Agenda Item No. 16K3 February 13, 2007 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K3 Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection Item Summary: with Parcel 140 in the Lawsuit Styled oolher County v. Rosa A. Hernandez, et aL, Case No. 05- 1033 -CA (CR 951.. Protect No. 65061) Fiscal Impact- 556.000.00. Meeting Date: 2/1312007 9:0000 AM Prepared By Heidi F, Ashton Assistant County Attorney Date County Attorney County Attorney Office 1/2612007 2:27:29 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 1/2612007 2:41 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 1/2912007 8:57 AM Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1/2912007 1:55 PM Approved By Najeh Ahmad Director Date Transportation Engineering & 1129:21707 2:53 PM Transportation Services Construction Management Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1129!2007 3:36 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 2/1/2007 12:02 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 211/2017 4:17 PM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 2/212007 1:03 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 212/2007 2:38 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 21212007 3:30 PM Commissioners Agenda Item No. 16K3 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT Februa age 13, 2007 3 of 5 IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 05- 1033 -CA Petitioner, Parcel No.: 140 V5. ROSA A. HERNANDEZ, et al., Respondents. AGREED ORDER AWARDING EXPERT FEES AND COSTS THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents, ROSA A. HERNANDEZ, JORGE L. HERNANDEZ and RUFINO A. HERNANDEZ, and GOLDEN GATE NURSERY AND SOD, INC. (hereafter "Respondents'), by and through their undersigned counsel, for entry of an Agreed Order, and the Court, being fully advised . in the premises, it is hereby ORDERED AND ADJUDGED that 1. Respondents shall receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Forty Thousand Dollars and No /100 ($40,000.00) for business damage /certified public accountant fees incurred in connection with Parcel 140. 2. Respondents shall receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Sixteen Thousand Dollars and No /100 ($16,000.00) for architectural fees incurred in connection with Parcel 140. Agenda Item No. 16K3 3. ORDERED that within thirty (30) days of receipt by Petitioner of the AFgmadrPrdprO07 Page 4 of 5 entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall pay the total sum of Fifty- Six Thousand Dollars and No /100 ($56,000.00) to FORMAN, HANRATTY & MONTGOMERY TRUST ACCOUNT c/o Charles R. Forman, Esquire, 1323 SE Third Avenue, Fort Lauderdale, Florida 33316 for proper disbursement. 4. Ordered that no other attorney's fees, expert fees or costs are to be awarded in connection with Parcel 140. DONE AND ORDERED this day of , 2007 in Naples, Collier County, Florida. Conformed copies to Heidi F. Ashton, Esquire Charles R. Forman, Esquire Craig B. Willis, Esquire Michael J. Volpe, Esquire E. Glenn Tucker, Esquire Kevin Hendricks, Acquisition Ma /Transp. 2 CIRCUIT COURT JUDGE JOINT MOTION Agenda Item No. 16K3 February 13, 2007 Page 5 of 5 The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order as to Parcel 140. Dated: CHARLES R. FORMAN, ESQUIRE Florida Bar No.: 229263 FORMAN HANRATTY & MONTGOMERY 1323 SE 3rd Avenue Fort Lauderdale, FL 33316 (954) 522 -9441 - Telephone (954) 522 -2076 - Facsimile MICHAEL JOSEPH VOLPE, ESQUIRE Florida Bar No.:265705 ROBINS KAPLAN MILLER & CIRESI, LLP 711 Fifth Avenue South, Suite 201 Naples, FL 34102 -6628 (239) 430 -7070 — Telephone (239) 213 -1970 — Facsimile ATTORNEYS FOR RESPONDENTS 3 Dated: HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 966770 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile CRAIG B. WILLIS, ESQUIRE Florida Bar No.: 257656 FIXEL, MAGUIRE & NVMS 211 South Gadsden Street Tallahassee, Florida 32301 (850) 681 -1800 - Telephone (850) 681 -9017 — Facsimile ATTORNEYS FOR PETI TONER Agenda Item No. 17A February 13, 2007 Page 1 of 14 EXECUTIVE SUMMARY Recommendation to Approve an Ordinance Amending Collier County Ordinance No. 93 -56, as amended, the Animal Control Ordinance; Amending Section One, Definitions; Amending Section Four to Provide a Fee for Micro - Chipping; Amending Section Five to Revise Fees by Resolution and to Establish Procedures for Micro- Chipping; Amending Section Six, Prohibitions; Adding a New Section Nineteen Entitled "Dangerous Dogs;" Providing for Conflict and Severability; Providing for Inclusion in the Code of Laws and Ordinances; and Providing for an Effective Date OBJECTIVE: For the Board of County Commissioners to approve an amendment to DAS Ordinance 93 -56, as amended, and as codified as Chapter 14, Article I1, in the Code of Laws and Ordinances, which will include micro - chipping domestic animals, dangerous dog classifications and procedures, and the ability to revise adoption fees by resolution of the Board. CONSIDERATIONS: On November 14, 2006, the Board of County Commissioners authorized DAS staff to research and to propose amendments to the Animal Control Ordinance No. 93 -56, as amended. The Ordinance was researched and amended, and the proposed Ordinance was presented to the Domestic Animal Services Advisory Board on ,,.. January 16, 2007. The DAS Advisory Board expressed its approval of the proposed changes as presented herewith. DAS Staff recommends the following amendments to the DAS Ordinance: 1. Require micro - chipping of impounded animals. The Domestic Animal Services Advisory Board ( "DASAB ") and DAS Staff recommend micro- chipping impounded domestic animals prior to return to owner. The micro - chipping will be performed on -site by trained DAS Staff, owner consent will be requested prior to the procedure, and the owner will be responsible for all costs. This procedure will allow DAS Staff to return previously impounded animals to their owners more efficiently, thus increasing the number of stray pets successfully reunited with their owners. 2. Update dangerous dog procedure. DAS Staff has reviewed the dangerous dog ordinance, classifications, and procedures and recommends updating the ordinance in compliance with Chapter 767, Florida Statutes. DAS researched the feasibility of making the ordinance more stringent by initiating dangerous dog investigations based on the first bite, rather than based on the "one free bite" currently allowed. DAS will also include requirements for owners who fail to comply with the dangerous dog ownership requirements by mandating compliance or surrender of the dangerous dog. Agenda Item No. 17A February 13, 2007 Page 2 of 14 3. Update fee sections. The DAS Ordinance allows fees, including impoundment and licensing fees, to be amended by resolution of the Board. DAS Staff recommends amending the ordinance to allow adoption fees to also be revised by resolution for consistency. FISCAL IMPACT: There will be a positive fiscal impact of approximately $8,000.00 associated with the micro- chipping amendment. A direct fiscal impact is not expected as a result of amending the dangerous dog or adoption fee provisions. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This Executive Summary and the proposed Ordinance was drafted in cooperation with the County Attorney's Office and approved for legal sufficiency. RECOMMENDATION: That the Board of County Commissioners approve an amendment to DAS Ordinance 93 -56, as amended, and as codified as Chapter 14, Article II, in the Code of Laws and Ordinances, which will include micro- chipping domestic animals, revision of the dangerous dog provisions, and allowing adoption fees by resolution. PREPARED BY: Margo Castorena, Director, Domestic Animal Services Colleen M. Greene, Assistant County Attorney Agenda Item No, 17A February 13, 2007 Page 3 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17A Item Summary: Recommendation to Approve an Ordinance Amending Collier County Ordinance No. 93 -56, as amended, the Animal Control Ordinance, Amending Section One, Definitions: Amending Section Four to Provide a Fee for Micro - Chipping: Amending Section Five to Revise Fees by Resolution and to Establish Procedures for Micro - Chipping: Amending Section Six, Prohibitions.. Adding a New Section Nineteen Entitled Dangerous Dogs, Providing for Conflict and Severability Providing for Inclusion in the Code of Laws and Ordinances, and Providing for an Effective Date Meeting Date: 2113'2007 9:0000 AM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 11291200710:05 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 2/112007 3:06 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 21112007 4:16 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 2/512007 10:30 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 21512007 12:26 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/5!2007 3:32 PM Agenda Item No. 17A February 13, 2007 Page 4 of 14 ORDINANCE NO. 2007- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 93 -56, AS AMENDED, THE ANIMAL CONTROL ORDINANCE; AMENDING SECTION ONE, DEFINITIONS; .AMENDING SECTION FOUR, AUTHORITY OF DIRECTOR AND UNLAWFUL TO INTERFERE WITH OFFICER IN PERFORMANCE OF DUTY, BY CHANGING THE NAME "ANIMAL CONTROL" TO "DOMESTIC ANIMAL SERVICES" AND PROVIDING A FEE FOR MICRO- CHIPPING; AMENDING SECTION FIVE TO REVISE THE TITLE TO DISPOSITION OF IMPOUNDED ANIMALS, AND TO INCLUDE A PROCEDURE FOR ADJUSTING FEES AND TO ESTABLISH PROCEDURES FOR MICRO- CHIPPING; AMENDING SECTION SIX, PROHIBITIONS; ADDING A NEW SECTION NINETEEN TO ORDINANCE NO. 93 -56 ENTITLED "DANGEROUS DOGS," TO PROVIDE DEFINITIONS AND PROCEDURES FOR CLASSIFYING SUCH DOGS, REGISTRATION AND PENALTIES FOR VIOLATION OF SAID PROVISION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Domestic .Animal Services Advisory- Board ( "DASAB ") and Domestic Animal Services ( "DAS ") staff recommend micro- chipping impounded domestic animals in order to provide a more efficient means of successfully reuniting pets with their owners; and WHEREAS, DAS staff recommends updating Ordinance No. 93 -56, as amended, the Animal Control Ordinance, in compliance with Chapter 767, Florida Statutes, provide procedures for declaring a dog dangerous and to require owners of dogs that are declared dangerous to adhere to stringent procedures in order to protect the public; and WHEREAS, for purposes of consistency, DAS staff recommends amending the Animal Control Ordinance to allow adoption fees to be revised by resolution; and WHEREAS, on November 14, 2006, the Board of County Commissioners determined these amendments are for the benefit of the citizens and visitors of Collier County and serve a valid public purpose, and directed staff to amend Ordinance No. 93 -56, as amended. NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to Section One of Ordinance No. 94 -56, as amended, Definitions Section One, Definitions, of Ordinance No. 93 -56, as amended by Ordinance No. 2005 -57, is hereby amended as follows: SECTION ONE: Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A. Animal means any living veFtebrate, defige°'i^ ^ r- wild, exGluding f " every living dumb creature. B. Animal control means the eewty a°~^~'"~°"` of aoifiial ^^'" ^' Collier Countv Domestic Animal Services. r� Words Underlined are added; Words c.r� , gli are deleted Agenda Item No. 17A February 13, 2007 Page 5 of 14 C. At -large means off the premises of the owner and not under the direct control, custody, charge or possession of the owner or other responsible person, either by leash, cord, chain or otherwise. D. Business means holding oneself out, either expressly or impliedly, to the public or any portion of the public to buy or sell any animal, as a principal or an agent. E. County veterinarian means a veterinarian, duly licensed by the state, appointed by the board to be a consultant to the county health department and to the director of animal control. F. Dangerous dog means anv doe that according to the records of the appropriate authority: (1) Has aggressively bitten attacked or endangered or has inflicted severe iniury on a human being on public or private property, (2) Has severely iniured or killed a domestic animal while off the owner's propertv; (3) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or (4) Has when unprovoked chased or approached a person upon the streets sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority. G. Direct control means the immediate, continuous physical control of an animal at all times by such means as a fence, leash, cord or chain sufficient to restrain the animal; or especially trained hunting animals engaged in legal hunting, or animals engaged in shows or organized obedience training programs where the animals respond to commands. H. Director of Domestic Animal Services means the director of the County's animal control department, including designees of the director and /or such other persons designated by the county. L Domestic Animal Services Center means any place approved as such by the board of county commissioners for the detention care and/or treatment of animals in custody. J. Health of means the director of the county health department, or his designee. K. Kennel means any place of business where dogs and/or cats are maintained for purchase, sale, breeding, boarding, training for a fee, treatment and/or grooming purposes. Kennel shall not include any animal control center or any veterinary hospital, or any animal facility operated by any subdivision of local, state or federal government. "Kennel" shall not include any research facility subject to inspections under any provision of any state and/or federal law. L. Livestock means all animals of equine, bovine, or swine class, including sheep, goats and other grazing animals. 2 Words Underlined are added; Words &Fiisk Thfeugh are deleted. Agenda Item No. 17A February 13, 2007 Page 6 of 14 M Micro -chip — an animal micro -chip implant is an identifying circuit placed under the skin of a dog cat or other animal The chips are about the size of a large grain of rice. N. Owner means any person having a right of property in an animal, or any person with the right or duty to control an animal, or any person then physically controlling, possessing, harboring or keeping an animal. O. Pet shop means any place or premises used as a business to maintain animals for the purpose of purchase, sale, exhibition, adoption, or donation, including a breeding kennel; except an individual owning dogs and/or cats for less than 120 days that have been borne by one or two females owned by such person during a 12 -month period shall not be considered as operating a pet shop. P. Psittacine birds means all birds commonly known as parrots, amazons, Mexican doubleheads, parakeets, African grays, cockatoos, macaws, lovebirds, loris, lorikeets, and other birds of the Psittacine family. Q. Research or testing means any use of any animal in any vivisection, including demonstration or practice surgery, medical or biomedical research, medical experimentation, medical or nonmedical education, or to test any medication, radiation, toxicity, element, chemical or chemical compound, or to study the effects of any consumer product on humans or animals, or for use in biologicals production or other substantially similar research or testing for scientific, medical, biomedical, educational, or veterinary purpose, by any individual, school, college, university, hospital, laboratory, or any other institution or entity of any description, public or private. Such uses of an animal that does not expose any animal to any incision or puncture, to torture, torment, or cruelty, to any immediate or future damage or impairment, or to unusual stress, is not research or testing as defined herein. R. Rodeo means any event or show involving the use of equines, and/or bovines for the exhibition of skills in riding, bronco or bull riding, calf roping, and/or bulldogging, where a fee is charged to witness the event. S. Stable means any place of business or premises used to maintain four - legged grazing animals for the purpose of either a riding stable, pony rides, livery stable, animal rental and/or animal boarding facilities, for a fee. T. Torture, torment or cruelty means any act, omission or negligence causing or allowing to continue unnecessary or unjustifiable pain or suffering when there is remedy or relief reasonably available. U. Vaccination means administering to any animal, pursuant to a certificate of vaccination issued by a licensed state veterinarian, an anti - rabies vaccine approved by the state department of health and rehabilitative services. V. Vicious animal means any animal of fierce or dangerous propensities likely to cause physical injury or property damage or that exhibits traits of ungovernability. W. YVild animal means any living non - domesticated species defined as wildlife by the wildlife code of the state game and freshwater fish commission, and any free - roaming cat or dog. SECTION TWO: Amendment to Section Four of Ordinance 93 -56, as amended. Section Four, Director of Animal Control, Authority of; Unlawful to interfere with officer in performance of duty, of Ordinance No. 93 -56, as amended by Ordinance No. 01 -39, is hereby amended as follows: 3 Words Underlined are added; Words S4+iek Through are deleted. Agenda Item No. 17A February 13, 2007 Page 7 of 14 Section Four: Director of Animal Control, Authority of; Unlawful to interfere with officer in performance of duty. A. The director of animal eeatfel Domestic Animal Services thereinafter "director ") shall have all necessary authority to enforce this article and pick up, catch or procure any animal in violation of this Ordinance, and have such animal impounded within the a++imal ee4#rel Domestic Animal Services shelter or other designated place. B. The director ef apiimal sentFel shall have authority to enter upon any public or private property, except a building designated for and actually used for residential purposes and other buildings within the curtilage of the principal residential building, for the purpose of enforcing this Ordinance. C. It shall be unlawful for a person to interfere with, hinder, molest or abuse the director 4afflim.R-1 ee;Arel, the health officer, or any of their subordinates in the performance of their lawful duties under this Ordinance or under Florida law. D. It shall be unlawful for any owner of any animal to refuse to surrender such animal for impoundment or quarantine as provided by this Ordinance when demand for surrender of the animal is made by the health officer, director ofal-• Domestic Animal Services, or other enforcement officer. E. 1. Fees related to impoundments are as follows: a. First impoundment of dogs, cats and other small animals: $25.00 if neutered; $75.00 if non - neutered; $50.00 is to be refunded if the animal is neutered within sixty (60) days after impoundment. Second impoundment if neutered: $50.00. Second impoundment if non- neutered: $75.00. Third (or subsequent) impoundment if neutered: $100.00. Third (or subsequent) impoundment if non - neutered: $125.00. First impoundment of equine, bovine and other livestock: $50.00. Second impoundment of the same livestock or other livestock from the same site: $75.00. Third (or more) impoundment of same animals or from the same site: $100.00. b. Advertising of impounded livestock: Direct cost plus 50% for administration. c. Laboratory and veterinarian fees: Direct cost plus 50° o for administration. d. Transportation and service fees for impounded livestock: Direct costs plus 50% for administration. e. Daily board for animal: $7.00. This fee shall be $10.00 for each animal that is impounded more than once. f Micro - chipping fees: direct cost of micro -chin plus 100 percent (100 %) for administration. (2) The above fees may be revised by resolutions adopted by the Board. F. The director °mil is hereby granted authority to establish reasonable rules and regulations to govern the care and feeding of animals maintained in or by pet shops, kennels, stables, animal acts, rides, used in rodeos and/or other commercial public displays of such animals upon resolution by the board. G. In addition to, or in lieu of, impounding any animal found in violation of this Ordinance the director of Domestic Animal Services, deputy sheriff, municipal police officer, or other enforcement officer empowered to enforce this Ordinance, may issue to the owner of (or to the person in custody of) such animal a notice of violation and a service fee of twenty-five dollars ($25.00) for the first such notice to be paid to Domestic Animal Services within 72 hours, excluding Saturdays, Sundays and legal holidays. The fee for a second notice of violation issued regarding the animal, owner, or custodian, is thirty-five dollars ($35.00), and is fifty dollars ($50.00) for a third notice and all subsequent notices. If the applicable fee is not paid within the prescribed time, the matter will be accorded appropriate enforcement and /or collection provision. H. The director ° or the Sheriff of Collier County, or their respective designees, shall have the authority to destroy any free roaming untagged dog or cat when 4 Words Underlined are added; Words Sti%ek Thfeuo are deleted. Agenda Item No. 17A February 13, 2007 Page 8 of 14 other reasonable means and methods to capture are tried but failed, or when a diligent search has been made to establish ownership has failed, and it has been ascertained by citizen complaint or investigation that the animal has aggressive tendencies and poses a threat of injury to persons or other animals, or has caused bodily injury to a person or has physically injured or killed livestock. SECTION THREE: .Amendment to Section Five, Ordinance No. 93 -56, as amended. Section Five, Adoption, Redemption and Euthanization of Animals and Limitations on Provision of Animals for Research, Testing or Animal Sacrifice, of Ordinance No. 93 -56, is hereby amended as follows: Section Five: Ageptien, and E .t,.,.,izati@A „f _n,,:Mal „a T '� t' D F 1 f D ese..ret. Test: n.,:.,,al ee^^'iee Disposition of impounded animals. A. Impounded animals not suspected of having an infectious or contagious disease shall be held for a minimum of five full days (120 hours) to provide time for the animal's owner to notify staff of intent to recover the animal. The Director of a^im ' ^eRtrel Domestic Animal Services or designee shall make at least three attempts to contact the owner if the owner's identity is known or easily ascertained, of an animal impounded before the animal's humane disposition. Dogs, cats, and other animals not claimed within five (5) days, subject to subsections (B) and (C) below, may be adopted, or may be euthanized by any method specified in Section 828.058, Florida Statutes. 1. Animals shall be released to owners on presentation of proof of ownership, or adopted after licensing and upon payment of costs and fees. 2. All persons adopting any dog or cat from a public animal shelter, humane society, or animal control agency operated by a public agency, shall have any unsterilized animal sterilized by a licensed veterinarian within thirty (30) days of the adoption or prior to the animal's sexual maturity. The adopter shall enter into a written agreement with Collier County guaranteeing such sterilization and shall submit a sufficient deposit as required by Florida Statutes. 3. County adoption fees: a. A fee of twenty dollars ($20.00) shall be charged for each dog or cat adopted. b. A fee for all other animals adopted will be determined by market value of the animal. C. Fees may be revised by resolutions adopted by the Board of County Commissioners. 4. Upon verification that authorized services have been rendered by a veterinarian, fees from the neuter /spay trust fund are to be paid to that veterinarian, subject to availability of funds in that trust fund. The amount of the fee(s) to be paid to the veterinarian for services rendered shall be as specified in a written agreement between the county and the veterinarian. 5. Administration of the neuter /spay program shall remain under the control of the director of domestic animal services. Accounting for the disbursement of the neuter/spay fees shall be in accordance with procedures of the county's finance department. 6. Veterinarians are authorized to sell dog licenses and cat licenses and the county shall pay a service fee of $1.00 for each such license sold. Forms and license tags will be furnished by the county to the veterinarian. B. No person, or on behalf of any other person or entity whatsoever, shall acquire or attempt to acquire actual or constructive possession of any animal for any use in research, 5 Words Underlined are added; Words erF�lirougl are deleted. Agenda Item No. 17A February 13, 2007 Page 9 of 14 testing, or animal sacrifice, from the actual or constructive possession of any county animal control center, or from any person or entity operating or controlling any animal custody facility, pound, or animal shelter that is then leased from the county by a lease that prohibits such use, or is then under a contract with the county which contract prohibits such use. Such use includes the immediate or eventual sale, transfer, gift, trade, donation, delivery, or any other provision of any animal for use in research, testing, and /or animal sacrifice. No employee, volunteer, worker, agent or other representative of any such entity shall knowingly release from the actual or constructive possession of any such entity, any animal for any such known or suspected use. C. Micro - chipping, 1. Animals that have been impounded shall be micro- chipped by Domestic Animal Services' staff at the owner's expense prior to being released to the owner. Micro - chipping shall be required based on the first impoundment 2. Animals that are already micro - chipped when impounded must have the information on the micro -chip recorded by DAS The information must be accurate and current. If the information is not current the owner must come into compliance with this ordinance prior to having the animal released 3. At the discretion of the Director of Animal Services or his or her designee, the animal may be released to the owner if the owner signs a sworn statement representing that the animal will be implanted with a micro -chip by a licensed veterinarian for medical reasons. The owner will be require to submit a statement within ten days, signed by a licensed veterinarian confirming that the animal has been so implanted and provide the micro -chin number to the Department of Animal Services. 4. Failure to comnly with the requirements of section shall be a violation of this ordinance and Punishable as provided in Ordinance 01 -39 as amended Sec 14 -27, Penalties. SECTION FOUR: Amendment to Section Six, of Ordinance 93 -56, as amended, Prohibited on beaches; running at large; specific locales; female dogs; chasing vehicles; damage to property; vicious dogs; nuisance, abandonment; confined in unattended motor vehicle. Section Six of Ordinance No. 93 -56, as amended by Ordinance No. 94 -10 and Ordinance No. 2001 -39, is hereby amended as follows: SECTION SIX: Prohibited on beaches; running at large; specific locales; female dogs; chasing vehicles; damage to property; vicious dogs; nuisance, abandonment; confined in unattended motor vehicle. A. It shall be unlawful for the owner of an animal to allow or permit his or her animal: 1. To be upon the beaches of the county, whether fettered or unfettered, unless the area has been designated by the board as suitable for use by such animals, except a certified seeing -eye or hearing -ear dog actually in use by handicapped person, or animals used by law enforcement officers or county ordinance enforcement personnel. 2. To run at large in or upon any public street, road, sidewalk, other public place, or upon private property without the expressed or implied consent, subject to zoning, of the owner or any lessee of such private property. 3. To be within any park or upon public school grounds or public playground in the county, including the exercising of any animal, whether fettered or unfettered, for the purpose of elimination of wastes. 6 Words Underlined are added; Words St -u& T aaugh are deleted. Agenda Item No. 17A ebruary 13, 2007 Page 10 of 14 4. To enter any place where food is stored, prepared, served or sold to the public, or any other public building or hall; provided however, that this provision shall not apply to any blind or deaf persons using seeing -eye or hearing -ear dogs, to public building used for animal shows or exhibitions, or to dogs used for enforcement by any law enforcement officer or code enforcement officer. 5. To trespass upon private or public property so as to damage or destroy any property or thing of value, or to defecate and create a sanitary nuisance thereon, including to defecate upon roadways, road rights -of -way, sidewalks, or other property so as to create a sanitary nuisance thereon. A sanitary nuisance exists whenever the feces are not immediately removed and properly disposed of 6. To chase, run after, or jump at vehicles or bicycles using any road or road right -of -way. 7. To snap, growl, snarl, jump upon, or otherwise threaten persons lawfully using any road right -of -way. S. To bark, whine, howl, or cause other objectionable noise, which is offensive so as to create a nuisance. 9. To be abandoned and thereby relinquish control of an animal with the intent or purpose of setting the animal at large. 10. To be confined in an unattended motor vehicle without sufficient ventilation or under other conditions for such periods of time as may endanger the health and /or physical well -being of the animal due to heat, lack of potable water, or such other circumstances as may reasonably cause suffering, disability, or death to the animal. B. It shall be unlawful for owner to keep, harbor or maintain any vicious dog or any dog with vicious propensities in a manner which may or does endanger the safety of persons lawfully upon his premises or away from his premises. C. It shall be unlawful for any owner to permit, allow or suffer any livestock to run at large or stray upon any roads and highways, or upon the property of another without permission of the property owners or their authorized agent or lessee, subject to zoning. D. It shall be unlawful to keep any female dog in heat (estrus) which is not confined to a building or secure enclosure, veterinary hospital, or boarding kennel and in such a manner that the female dog can come in contact with any male dog except for intentional breeding with a specific male dog. E. Upon receipt of an "affidavit of complaint" for any violation of this section signed by two or more residents (each complainant residing in separate dwellings in the vicinity of the violation) and acknowledged under oath before an individual authorized by law to take acknowledgements, setting forth the complained of acts, an enforcement officer shall investigate the facts to determine if the acts complained of are a violation, and, if satisfied that a violation has occurred, may issue a citation for the violation, including, subject to § 828.27, Florida Statutes, and of this ordinance, a mandatory court appearance or appearance before the special master. F. A Ownew F a d that is .1 I .1 to d. by the 44:petw: ..f a ....,i member ` 1 1 ist' F th@ f ,... 11: ....l e fsi /:o..,,..,.1 i:n e e rr pane the J t< .. li t his her ley — desi , — and twe Hqy the _ _ ___1 __ _ __1 __ L_ ehes..« e by ease basis 1.., tl.o 7 Words Underlined are added; Words ct^, are deleted. Agenda Item No. 17A February 13, 2007 Page 11 of 14 SECTION FIVE: Creation of Section Nineteen, Dangerous Dog, Definitions and Procedure. Ordinance No. 93 -56 is hereby amended as follows: SECTION NINETEEN: Dangerous Dogs definition and procedures A. Definitions. (1) Dangerous dog means any dog that according to the records of the appropriate authority: (a) Has aszuessively bitten, attacked or endangered or has inflicted severe iniury on a human being on public or private property,' fb) Has severely injured or killed a domestic animal while off the owner's ro e (c) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting, • or (d) Has, when unprovoked chased or approached a Person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack, Provided that such actions are attested to in a sworn statement by one or more Persons and dutifully investigated by the appropriate authority. Words Underlined are added, Words Lek T-4eugh are deleted. b a a, a+ for the daRgereus a• b a GOHRtY shall have up te ten days Mier- b, reeeipt of a eowiplet@ app1jeation fef+n te SECTION FIVE: Creation of Section Nineteen, Dangerous Dog, Definitions and Procedure. Ordinance No. 93 -56 is hereby amended as follows: SECTION NINETEEN: Dangerous Dogs definition and procedures A. Definitions. (1) Dangerous dog means any dog that according to the records of the appropriate authority: (a) Has aszuessively bitten, attacked or endangered or has inflicted severe iniury on a human being on public or private property,' fb) Has severely injured or killed a domestic animal while off the owner's ro e (c) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting, • or (d) Has, when unprovoked chased or approached a Person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack, Provided that such actions are attested to in a sworn statement by one or more Persons and dutifully investigated by the appropriate authority. Words Underlined are added, Words Lek T-4eugh are deleted. Agenda Item No. 17A February 13, 2007 Page 12 of 14 (2) Unprovoked means that the victim who has been conducting himself or herself peacefully and lawfullv has been bitten or chased in a menacing fashion or attacked by a dog. (3) Severe iniury means any phvsical injury that results in broken bones, multiple bites or disfiguring lacerations requiring sutures or reconstructive surgery. (4) Investigation is conducted by Domestic Animal Services. Animal services must interview the dog's owner when possible and may require a sworn affidavit from any person desiring to have a dog classified as dangerous. B. Procedure. (1) If the director of domestic animal services. or his or her designee, makes an initial determination that a dog is dangerous. based on the initial investigation, the county shall provide written notification of that determination to the owner of the dog Notice shall be by certified mail by certified hand delivery, by service pursuant to Chapter 48 Florida Statutes. or as otherwise authorized by Florida Statute The director's initial determination shall automatically become final unless the dog's owner within seven calendar days after receipt of the notice. files a written request for a hearing to challenge the director's initial determination. The written request must be submitted to Domestic Animal Services. if the dog's owner files a timely written request for a challenge hearing the effective date shall be the date of the final decision of the challenge hearing panel. (2) 4nv owner of a dog that is initially declared dangerous by the director of animal services may appeal that decision to a three - member appeals panel consisting of the following members: General manager of the county humane society or his or her emplovee designee and anv two emplovees in the public services department not under the direction or control of the director of animal control who are chosen on a case -bv -case basis by the public services administrator. This hearine shall be held as soon as possible. but not more than 21 calendar days and no sooner than 5 days after receipt of request from the owner. The hearing may only be continued by agreement of both parties. (3) If the determination is to uphold the dangerous dog classification. animal services shall provide written notification to the owner as required in subsection (1) above The dog owner may file a written request for a hearing in county court to appeal the classification within ten (10) business days after receiving notice. This request for hearing must be filed with the county court, and a copy provided to animal services within the time provided. (4) If the dog is not impounded during this time. the dog must be humanelv and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of anv hearings related to the dangerous dog classification. (5) If the dog is impounded during this time the owner is responsible for all costs related to impoundment unless the owner ultimately prevails and the dog is not declared dangerous. C. Registration of Dangerous Dog and fees. (1) Registration of dangerous dog Not later than fourteen (14) calendar days after the final effective date as specified above that the dog is determined to be a dangerous dog the dog's owner must file a complete written standard form application with domestic animal services to be issued a certificate of registration for the dangerous dog The duration of each certificate is 365 days. The application /administration fee for each certificate shall he 5300.00 annually. A complete application for the initial certificate of registration shall include: (i) the filing fee and Late fees if any (ii) a receipt or other written proof that the dog has Words Underlined are added; Words S4,aek Threogh are deleted. Agenda Item No. 17A February 13, 2007 Page 13 of 14 been Permanently identified as a dangerous dog: (iii) a color photograph that clearly shows the front of each required sign Dosted at the Premises of the dangerous dog; and (iv) a current certificate of vaccination for the dog Animal services will Provide the required sign There shall be a late fee of $10-00 Per day for each day that the certificate is not issued (2) Animal services shall have up to ten days after receipt of a complete application to make a site visit and issue the requested initial certificate (3) Annual renewal of certificate of registration A standard renewal application must he filed annually at least ten calendar days prior to the date that the respective certificate is to expire A complete application for a renewal certificate shall include the $300.00 renewal /administrative fee a then current color photograph of each dangerous dog sign posted at the Premises where the dangerous dog resides, and a current certificate of vaccination There shall be a late fee of $10.00 for each day that a complete renewal application is not filed D. Violations. (1) Failure to comply with the investigation shall be a violation of Collier County ordinances and subject to a citation and,,or fine in compliance with & 828.27, Fla. Stat., and County Ordinance 93 -56 as amended (2) Failure to register and comply with all requirements of this Ordinance and the Florida Statutes and failure to timely claim a dog that is impounded with animal services and that has been declared dangerous in compliance with this section, will result in forfeiture of ownership of the dog. Animal services may dispose of such an impounded dog in a humane manner at the expense of the owner if the owner does not make provisions to claim the dog within ten (10) days of the latter of (I) the initial classification of the dangerous dog (2) the determination of a dangerous dog by the three member panel or (3) the -- conclusion of any appeal which is decided adversely to the owner and the dog is finally classified as dangerous SECTION SIX: 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 SEVEN: 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. All references in the Code of Laws and Ordinances to Ordinance No. 93 -56 and its amendments shall be changed to reflect the number assigned to this Ordinance. SECTION EIGHT: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of February, 2007. 10 Words Underlined are added; Words tpae'n�o T, are deleted. Agenda Item No. 17A February 13; 2007 Page 14 of 14 ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA. By: Deputy Clerk Approved as to form and legal sufficiency: Colleen M. Greene Assistant County Attorney am JAMES COLETTA, Chairman 11 Words Underlined are added; Words ctpa gn are deleted. Agenda Item No. 17B February 13, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to adopt a County ordinance governing the threshold amount of land or easement purchases requiring one or two real estate appraisals (Estimated fiscal impact: Not to Exceed $300.00 ) OBJECTIVE: To adopt an ordinance governing the threshold dollar amount of land or easement purchases requiring one or two appraisals, and to direct the advertisement of same as required by law. CONSIDERATIONS: Section 125.355(b) of the Florida Statutes establishes for counties the threshold dollar amounts for real estate purchases requiring one or two appraisals. Purchases less than $500,000 require the County to obtain a single real estate appraisal; and purchases in excess of $500,000 require the County to obtain two appraisals. Furthermore, the statutes currently require a super - majority approval for any purchase over $500,000 where the purchase price exceeds the average of the two appraisals. The statute also allows counties to waive the requirement for an appraisal where the purchase price is less than $100,000. These threshold limitations first appeared in thel985 Florida Statutes. The past two decades since these threshold amounts were written into law have seen the average price of real estate increase five -fold, and even ten -fold in some markets. The Board of County Commissioners, however, has the opportunity to change these thresholds under Section 125.355(c) which states, "Notwithstanding the provisions of this section, any county that does not choose with respect to any specific purchase to utilize the exemptions from s. 119.07(l) provided in this section may follow any procedure not in conflict with the provisions of chapter 119 for the purchase of real property which is authorized in its charter or established by ordinance." The ordinance being proposed for adoption will update the threshold amounts for Collier County to dollar amounts that are more in line with the original intent of the Florida Legislature, after adjusting for 21 years of inflation. The new threshold appraisal requirements would be as follows: (a) the County must obtain at least two (2) real estate appraisals prepared by licensed, state - certified, independent real estate appraisers hired to work on the behalf of the County in support of any fee simple or easement purchase in excess of $2,500,000; (b) the County must obtain at least one (1) real estate appraisal in support of any fee simple or easement purchase in excess of $1,000,000 which has been prepared by a licensed, state - certified, independent real estate appraiser hired to work on behalf of the County; and (c) the County must obtain at least one (1) real estate appraisal in support of any fee simple or easement purchase of over $500,000 and less than $1,000,000 but said appraisal may be prepared by a licensed, state - certified real estate appraiser who is a salaried employee of the Board of County Commissioners. The proposed ordinance also allows the Board to waive the requirement for any appraisal where the purchase price of the fee simple or easement interest is less than $500,000. The proposed ordinance will provide staff with the ability to close transactions more rapidly than the current statutes allow. The vast majority of right -of -way purchase agreements are for less than $1 million. Allowing a Board employee to prepare the appraisal in support of purchases up to $1 Agenda item No. 178 February 13, 2007 Page 2 of 5 million means that once a verbal agreement has been reached with an owner, the written agreement may be drafted for the Commission's approval and/or Chairman's signature without delay. On the Oil Well Road expansion project, for example, an independent real estate appraiser was hired to conduct a thorough search of the subject neighborhood, and to verify and analyze every vacant land sale that had occurred over the past year. Staff used this information to establish an offer amount. Once an agreement has been negotiated, and before a closing takes place, however, an appraisal is ordered for the file. Operating under the current statutory requirements, the appraisal is ordered from a fee appraiser, and a week or two or even three goes by before the appraisal is received. Occasionally, during this waiting period property owners will be persuaded to hire an attorney rather than deal directly with County staff. Every time that happens, the County's costs increase because the experts hired by the owner's attorney generally charge between 3 to 5 times as much as the experts hired by the County. Operating under the proposed ordinance, the verbal agreement could have been converted into a binding contract in just a couple of days. Staff currently spends about $350 to $500 each on vacant Estates lot appraisals where the purchase price is between $100,000 and $500,000. With the Board able to waive the requirement for an appraisal where the purchase price is less than $500,000 a savings of between $35,000 and $50,000 could be realized on the purchase of just 100 such parcels over the next year or two alone. The real savings, however, will be realized on the slightly more complex purchases, like partial takings, where the purchase price (including severance damages and cost -to -cure payments) is between $100,000 and $500,000. These types of appraisals usually cost the County around $3,500 each. If another 100 such parcels were purchased in reliance solely on in -house appraisals, the County could save perhaps another $350,000, and if another 100 parcels were purchased between $500,000 and $1 million (where the statute currently requires TWO appraisals), the proposed ordinance could provide a potential savings of another $700,000. FISCAL IMPACT: Not to exceed $300 for the required legal advertisement. Source of funds are gasoline taxes. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida adopt the proposed ordinance which governs the dollar- amount thresholds under which multiple appraisals are required, and clarifies when real estate appraisals may be prepared by an employee of the Board of County Commissioners. Prepared by. Kevin Hendricks, Right -of -Way Acquisition Manager, TECM Attachment: County Ordinance Agenda Item No. 17B February 13, 2007 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17B Item Summary: Recommendation to adopt a County Ordinance governing the threshoid amount of land or easement purchases requiring one or two real estate appraisals !Estimated fiscal impact: not to exceed $300.00) Meeting Date: 2,53,12007 9.00.00 AM Prepared By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 1/11/2007 4:12:48 PM Approved By Najeh Ahmad Director Date Transportation Engineering & Transportation Services Construction Management 1117120077:58 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 111912007 5:02 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1/23;2007 3:54 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1129/2007 3:59 PM Approved By Harry Henderson Review Appraiser Date Transportation Services TECM -ROW 1/3012007 3:41 PM Approved By .�-- Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 1/3112007 10:56 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1131;2007 1:56 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 113112007 3:25 PM Approved By Susan Usher Senior Management /Budget Analyst Date County Managers Office Office of Management & Budget 2/212007 12:35 PM Approved By Michael Smykowski Management & Budget Director Date County Managers Office Office of Management & Budget 2/212007 4:46 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/212007 6:22 PM Agenda Item No. 17B February 13, 2007 ORDINANCE NO. 2007- Page 4 of 5 AN ORDINANCE RELATING TO THE PURCHASE OF REAL PROPERTY; PROVIDING FOR POLICIES AND PROCEDURES GOVERNING THE APPRAISAL OF LAND AND EASEMENTS PROPOSED FOR PURCHASE BY COLLIER COUNTY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 125.355(1)(b), Florida Statutes, requires counties to obtain at least one appraisal for each purchase of less than $500,000 and to obtain at least two appraisals for each purchase of more than $500,000; and WHEREAS, Section 125.355(1)(b), Florida Statutes, also allows counties to waive the requirement for an appraisal for purchases of less than $100,000; and WHEREAS, Section 125.355(1)(c), Florida Statutes, provides that any county may establish by ordinance any procedures for the appraisal and purchase of real property not in conflict with the provisions of Chapter 119, Florida Statutes. 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 Chapter 125 and Chapter 165, Florida Statutes, and other applicable provisions of law. SECTION TWO: POLICIES AND PROCEDURES GOVERNING THE APPRAISAL OF LAND AND EASEMENTS PROPOSED FOR PURCHASE. 1. All fee simple and easement acquisition purchases for or on behalf of Collier County, or any other entity over which the Board of County Commissioners of Collier County, Florida is the governing board, must be approved by the Board of County Commissioners in advance of closing. 2. The County Manager, or his designee, must submit for Board consideration at least two (2) real estate appraisals in support of any fee simple or easement purchase in excess of $2,500,000. Both of the appraisals shall be prepared by licensed, state - certified, independent real estate appraisers hired to work on the behalf of the County. 3. The County Manager, or his designee, shall obtain at least one (1) real estate appraisal in support of any fee simple or easement purchase in excess of $1,000,000 which has been prepared by a licensed, state - certified, independent real estate appraiser hired to work on the behalf of the County. 4. The County Manager, or his designee, shall obtain at least one (1) real estate appraisal in support of any fee simple or easement purchase of less than $1,000,000 which appraisal may be prepared by a licensed, state certified real estate appraiser who is a salaried employee of the Board of County Commissioners. Page 1 of 2 Agenda Item No. 17B February 13, 2007 5. The Board may waive the requirement for any appraisal where the purchase price of the fee Page 5 of 5 simple or easement interest is less than $500,000. 6. The County Manager, or his designee, is responsible for ensuring that all appraisals prepared for or on behalf of the County have been developed and reported in conformance with the Uniform Standards of Professional Appraisal Practice, latest edition, as adopted by The Appraisal Foundation. 7. If the County elects to use exemptions in Section 125.355, Florida Statutes, then Section 125.355 Florida Statutes shall govern and this Ordinance will be pre- empted by said Statute. 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 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 FOUR: 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," "article," or any other appropriate word. SECTION FIVE: 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 12007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: I Heil F. Ashton Assistant County Attorney JAMES COLETTA, Chairman Page 2 of 2 Agenda Item No. 17C February 13, 2007 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve Petition AVESMT- 2006 -AR- 10036, Aqua, Pelican Isle Yacht Club to disclaim, renounce and vacate the County's and the Public's interest in a certain irregular width Utility Easement located in the southeast '/ of the southeast '/ of the northeast '/ in Section 17, Township 48 South, Range 26 East, Collier County, Florida, and being further described in Exhibit «A». OBJECTIVE: To adopt a resolution to vacate all of a certain utility easement located in the southeast 1/ of the southeast 1/ of the northeast 1/ in Section 17, Township 48 South, Range 25 East, Collier County, Florida and more particularly described in Exhibit "A ". CONSIDERATIONS: Petition AVESMT- 2006 -AR- 10036, Aqua, Pelican Isle Yacht Club has been received by the Engineering Services Department from John J. Hilton of RWA Consulting Inc. as agent for the petitioner, Ecoventure Wiggins Pass, Ltd. Letters of no objection have been received from applicable divisions /entities. FISCAL IMPACT: Engineering Services has collected a 51,000 "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. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution and associated legal documents. Agenda Item No. 17C February 13, 2007 Page 2 of 7 RECOMMENDATIONS: Adopt the Resolution for Petition AVESMT- 2006 -AR- 1.0036, Aqua, Pelican Isle Yacht Club, to vacate all of a certain utility easement located in the southeast'/ of the southeast'/ of the northeast 1/4 in Section 17, Township 48 South, Range 25 East, Collier County, Florida and more particularly described in Exhibit «A„ Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to (a) record a certified copy of the Resolution in the Public Records; (b) publish notice of adoption of this Resolution within 30 days of adoption; and (3) record such proofs of publication as required by Section 336.10, Florida Statutes. PREPARED BY: Stephen A. Higgins P.S.M., Land Surveyor Engineering Services Department Agenda Item No. 17C February 13, 2007 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17C Item Summary: Recommendation to approve Petition AVESMT 2006 -AR- 10036, Aqua, Pelican Isle Yacht Club to disclaim, renounce and vacate the Countys and the Publics interest in a certain irregular width Utility Easement located in the southeast of the southeast of the northeast in Section 17, 7ownshlp 48 South, Range 26 East. Collier County, Fiarida, and being further described in Exhibit A. Meeting Date: 21312007 9 00:00 AM Prepared By Stephen Higgins Surveyor Date Community Development & CDES Engineering Services 111112007 9:5249 AM Environmental Services Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services 1111/2007 4:11 PM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1/91/2007 4:32 PM Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1/2412007 4:44 PM Approved By Nick Casaianguida Project Manager Date Transportation Services Transportation Planning 112312007 12:34 PM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Adminstrator Community Development & Community Development & Environmental Services Environmental Services Admin. 2012007 8:13 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 21112007 4:08 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 21272007 4:14 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 212!2007 5:13 PM Commissioners Agenda Item No. 171-- PUBLIC UTILITY EASEMENT A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER, OF SAID SECTION 17, SAID POINT ALSO BEING ON THE WESTERLY RIGHT -OF -WAY LINE OF STATE ROAD 865 -A; THENCE N.00'32'02 "W. FOR 204.00 FEET; TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE S.89'28'08 "W. FOR 19.99 FEET; THENCE S.DO'31'52 "E. FOR 22.OD FEET; THENCE S.89'28'OB "W. FOR 40.00 FEET; THENCE N.00'31'52 "W. FOR 48.00 FEET; THENCE N.89'28'08 "E. FOR 40.00 FEET; THENCE N.27 "51'38 "E. FOR 42.05 FEET; THENCE S.00'31'52 "E. FOR 63.00 FEET; TO THE POINT OF BEGINING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 2,810 SOUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD OLARINGD AHt 17AJLU UN IHL 7Vttl RlloH1- Ut -WA7 LINt OF STATE ROAD 865 -A, AS BEING SOUTH 00'30'22" EAST, FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM GT999) ADJUSTMENT. P.O.C. EAST 1/4 CORNER, SECTION 17 NORTHEAST CORNER OF CONKLIN POINT, P.B. 8, PG. 16 COLLIER COUNTY D.R. 1512. PG. 646 Page 41of 7 1 EAST LINE OF I SECTION 17 Z ICD Q1 o I o u1 ON � I I P.O.B. I F n CURVE RADIUS EXHIBIT "A" I LENGTH I N m THIS IS NOT A SURVEY 57.01 ND1'25'09 "W 57.50-1 N27-51'38 "E 1 0 r I R.O.W. OF z UTILITY m VANDERBILT DRIVE °a\ SEC: TWP: RGE. PROJECT V 17 48S 25E W E 02- 0011 8.05 (C.R. 888) 40.00 N89'28'08 "E Z UTILITY O S SYMBOLS AND ABBREVIATIONS �, O EASEMENT OR P.O.C. = POINT OF COMMENCEMENT Cf 892, PAGE 552 0 30 60 P.O.B. = POINT OF BEGINNING O c L1 N F.I.P. = FOUND 5/8" IRON PIN — GRAPHIC SCALE D. = IDENTIFICATION ND 1 "= 60' 0. R. = OFFICIAL RECORDS BOOK S89'28'08"VJ PG. P. B. = PAGE = PLAT BOOK 40.00 E.O.P. = EDGE OF PAVEMENT C. R. = COUNTY ROAD Z 0 0 PREVIOUSLY WIGGINS N PASS MARINA ECOVENTURE WIGGINS No PASS, LTD ?' O.R. 7834, PC, 1946 PUBLIC UTILITY EASEMENT A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER, OF SAID SECTION 17, SAID POINT ALSO BEING ON THE WESTERLY RIGHT -OF -WAY LINE OF STATE ROAD 865 -A; THENCE N.00'32'02 "W. FOR 204.00 FEET; TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE S.89'28'08 "W. FOR 19.99 FEET; THENCE S.DO'31'52 "E. FOR 22.OD FEET; THENCE S.89'28'OB "W. FOR 40.00 FEET; THENCE N.00'31'52 "W. FOR 48.00 FEET; THENCE N.89'28'08 "E. FOR 40.00 FEET; THENCE N.27 "51'38 "E. FOR 42.05 FEET; THENCE S.00'31'52 "E. FOR 63.00 FEET; TO THE POINT OF BEGINING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 2,810 SOUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD OLARINGD AHt 17AJLU UN IHL 7Vttl RlloH1- Ut -WA7 LINt OF STATE ROAD 865 -A, AS BEING SOUTH 00'30'22" EAST, FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM GT999) ADJUSTMENT. P.O.C. EAST 1/4 CORNER, SECTION 17 NORTHEAST CORNER OF CONKLIN POINT, P.B. 8, PG. 16 COLLIER COUNTY D.R. 1512. PG. 646 Page 41of 7 1 EAST LINE OF I SECTION 17 Z ICD Q1 o I o u1 ON � I I P.O.B. I F n CURVE RADIUS mZ I LENGTH �o CD m 1'45'21' 57.01 ND1'25'09 "W 57.50-1 N27-51'38 "E 1 0 r I z UTILITY m <� M °a\ SEC: TWP: RGE. PROJECT WIGGINS 17 48S 25E PASS ROAD 02- 0011 8.05 (C.R. 888) CURVE TABLE CURVE RADIUS DELTA I LENGTH C8 CD C1 1 186C.0 8 1'45'21' 57.01 ND1'25'09 "W 57.50-1 LINE TABLE LINE BEARING I LENGTH L1 589'28'08 "W 20.00 L2 SOO'31'S2 "E 22.00 L3 N27-51'38 "E 1 42.05 JOHN ILT PRATES IONAL SURVEYOR AND MAPPER LS #6278 D TE SIG ED N: \2002 \026011S.ffD-.05 Aqua. Pelican Isle Yacht Club \0004 Easement Vacation \Pump easement vacation appI;cation \UE vacation DR892- 552.dwg 6/28/2506 10:13:17 AM EST DATE: CLIENT' �g ��� 1AINC. 3/16/os Visualization Bigimiming j %. T Tj Civil �'eYing & Mapping 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: 1239) 597 -0575 FAX: (239) 597-0578 ECOVENTURE WAN CERRE, LT. 1 " = 60' 1RAwN BY: TITLE: EXHIBIT C.A.J. :HECKED BY: PUBLIC UTILITY J.J. H. SEC: TWP: RGE. PROJECT 5riEET 17 48S 25E NUMBER: 02- 0011 8.05 NUMBER: 1 OF „A,1 EASEMENT I IFILE NUMBER: 0004 VICINITY MAP THIS IS NOT A SURVEY MAP NOT TO SCALE N W E L111LE LELY HICKORY BAREFOO BAY BEACH LEL BAREFOOT ° ° -� CONDO BEACH BONITA SNORES �ArUDUBON LEE COUNTY COLLIER C❑UN GAD LETA STERLING VESTATES ARB�1 {'CREST °° —°5_zs CALUB ATERGLADE THE RETREATe —n RBOR TRAC \ALLAGE PLACE PROJECT °-'°" L�LA4 IMPERIAL LOCATION E.R. G88B PASS 5 LAKES w-ss KREH ING lN R INW °m VIF,GINSIE PUD TRIES SAY GiFCHAIN IMPERIAL a AU ONOTTIV WEST FACILI7V .. COCOHATCHEE RIVER TRUST = -0-35 K Q I cBEACHWAY R[SERIVE NEAT THR O ] Q CENTER `s y a a H.y ABBREVIATIONS C.R, = COUNTY ROAD P.U.D. = PLANNED UNIT DEVELOPMENT XX -XX -XX = SECTION - TOWNSHIP -RANGE Agenda item No. 17C r Page 5 of 7 DATE CLIENT: 'DIX A INCPv g On SCALE: �NIA06 ECEVENTURE SANCERRE, LT. CONSULTING Civil Engineering DRAWN er: TITLE: Z ` T TL Z Surveying & Mpg C.A.J. 6610 Willow Park Drive, SuHe 2 D CHECKED BY: VICINITY MAP Naples, Flodda 34109 J.J.H. Phone: (239) 597.0575 SEC : TWP: RDE: PROJECT SHEET FILE FAX:(239)597 -0576 17 48S 25E NUMBER: 02- 0018,05 1 NUMBER: 1 OF 2 1 NUMBER: 0004 'I VICINITY MAP THIS IS NOT A SURVEY MAP NOT TO SCALE Agenda Item No. 17C Paqe 6 of 7 08 -48 -25 ARBOR TRACE 09 -48-25 VILLAGE PLACE 17 -48 -25 N PROJECT 16 -48 -25 W E LOCATION S Q Y H � WQ �J 3� a J WIGGINS PASS ROAD. C.R. 888 WIGGINS LAKE WIGGINS H CD BAY � U z GERMAIN Q AUTOMOTIVE > FACILITY 21 -48 -25 20 -45 -25 ABBREVIATIONS C.R. = COUNTY ROAD XX -XX -XX = SECTION - TOWNSHIP -RANGE DATE: CLIENT: "DIX/A INC Is n SCALE! /N 2A 06 ECOVENTURE SANCERRE, LT, CONSULTING CM Engineering DRAWN eY: i t Tl 1 Smve ' & TITLE: Mapping CA.J 6610 Willow Park Drive, Suite 200 CHECKED BY: VICINITY MAP Naples, Florida 34109 J.J.H. Phone: (239) 597.0575 sec: TWP: RGe: PROJECT ' FIE FAX: {239)597 -0578 — 17 48S 25E NUMBER: 02- 0018.05 NUMBER: 2 OF 2 NUMBER: 0004 f Agenda Item No. 17C February 13, 2007 Page 7 of 7 RESOLUTION NO. 07- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVESMT- 2006 -AR- 10036, DISCLAIMING, RENOUNCING, AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A CERTAIN IRREGULAR WIDTH UTILITY EASEMENT LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING FURTHER DESCRIBED IN EXHIBIT 'A'. WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Petitioner, Ecoventure Wiggins Pass, Ltd., has requested vacation of a certain irregular width Utility Easement located in the southeast '14 of the southeast 'V4 of the northeast '/4 of Section 17, Township 48 South, Range 25 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 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 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 2007. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficien , By: Jeff E. r' AssistalQ.t4ollier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA , CHAIRMAN Agenda Item No. 17D February 13, 2007 Page 1 of 151 EXECUTIVE SUMMARY Recommendation to adopt a resolution designating 789.4 acres in the Rural Lands Stewardship Area Overlay District (RLSA) as ( "BCI /BCP SSA 9 "), approving a credit agreement for BCI /BCP SSA 9, approving an easement agreement for BCFBCP SSA 9, and establishing the number of Stewardship Credits generated by the designation of said Stewardship Sending Area in response to an application by Barron Collier Investments, Ltd. and Barron Collier Partnership. OBJECTIVE: The Stewardship Credit Program is the foundation of the Rural Lands Stewardship Area Zoning Overlay District (RLSA), which has been recognized in Florida, regionally and nationally for visionary methodology to preserve environmentally significant land, to protect agricultural land and to direct growth to suitable locations. Collier County adopted the RLSA Overlay as the implementing regulation for the Growth Management Plan amendments known broadly as the "Rural /Eastern Lands Amendments" which were developed in response to Administration Commission Final Order No. AC99 -002, requiring a "Rural and Agricultural Assessment ". This application by Barron Collier Partnership, Ltd., a Florida Limited Partnership and Barron Collier Investments, Ltd, a Florida general partnership and Barron Collier Partnership, a Florida General Partnership (BCl/BCP) is a proactive measure to further enhance the environmental value of this area by removing land use layers and by dedicating portions of the BCl/BCP SSA 9 area for restoration activities. The removal of land use layers and the dedication of portions for restoration activities would result in the award of 4,481.0 Stewardship Credits upon approval of ,-- the SSA and 2,765.6 Stewardship Credits after restoration is completed. CONSIDERATIONS: This Designation Application (SSA - 2006 -AR- 10553) proposes 789.4 acres located in the RLSA as a Stewardship Sending Area. On 739.3 acres (approximately 94 %), land use layers 1 -6 would be removed. On the remaining area 50.1 acres, land use layers 1 -2 would be removed. The legal descriptions have been checked and the acreage verified as correct. The permanent removal of these more intensive land use layers will protect natural resources and agricultural activities as envisioned in the RLSA Overlay. The Florida Forever Program identified this land as an integral part of the Corkscrew Regional Ecosystem. Watershed and SSA 9 strategically occurs where a critical landscape -scale linkage for panther movement has been identified. Proposed restoration activities in 733.8 acres will double the effective flow way width of the Camp Keais Stand within SSA 9, providing regional benefits for hydrologic restoration and flood control. These lands function as part of a major regional flow way and wildlife corridor, and provide high -value habitat for a variety of wildlife, including listed species such as the Florida panther, the endangered wood stork, wading birds, and rare plant species such as orchids. At the same time, the present passive agricultural activities will continue. Protection of these activities occurs due to lack of competing development represented by any of the land use layers 1 -6 on 393.3 acres and land use layers 1 -2 on 50.1 acres as outlined on the LDC 4.08.06 B.4.b Land Use Matrix on the next page. The potential use of Land Use Layers 7 -8 land uses on 393.3 acres and Land Use Layers 3 -8 on 50.15 acres will remain. 1 Agenda Item No. 17D February 13, 2007 4.08.06 BAb Land Use Matrix (P= Permitted; A= Accessory; CU= Conditional Use) Wage 2 of 151 (Layer 1) (Layer 2) (Layer 3) (Layer 4) (Layer S) (Layer 6) (Layer 7) (Layer 8) Residential General Earth Mining and Recreational Agriculture Agriculture Agriculture Conservation, Land Uses Conditional Processing Uses Uses Group 1 - Support Uses Group 2 Restoration and to residential Uses species (P) and non- processing of farm facilities and their Natural development, are qative species (CU) products produced related modes of Resources Single- family Family care Excavation, Golf courses Crop raising; Farm labor housing Unimproved pasture Wildlife management, dwelling, incl. facilities (P) extraction or andlor golf horticulture; fruit (A) and grazing, forestry plant and wildlife mobile home (P) earthmining and driving ranges and nut (P) conservancies, refuges community related processing (CU) production; operations, such as, and sanctuaries (P) center building and production groves; nurseries; but not limited to and tennis CU) improved pasture airboats, swamp facilities, parks, (P) buggies, horses and Mobile homes Collection and Asphaltic and Sports Animal breeding Retail sale of fresh, Ranching; livestock Water management, I(P) in MH transfer sites for concrete batch Instructional (other than Unprocessed raising (P) groundwater recharge Overlay; (A) as resource recovery making plants (CU) schools and livestock), raising agricultural products; P) temporary use] (CU) camps (CU) training, stabling grown primarily on Excavation and Boardwalks, nature A) aviary, botanical r he related processing trails garden, or other kenneling (P) property (A) incidental to Ag(A) (P) Private Veterinary clinic Sporting and Dairying, Retail plant nurseries Hunting cabins (CU) Restoration, mitigation boathouses and (CU) Recreational beekeeping; (CU) P) docks on lake, other places of camps (CU) poultry and egg otherwise listed (P) canal or worship (CU) production; milk waterway lots production (P) A) and venomous(CU) Recreational Child care Aquaculture for Packinghouse or Cultural, educational, Water supply, well flelas facilities integral centers iative similar agricultural or recreational (P); oil and gas to residential and adult day species (P) and non- processing of farm facilities and their exploration (P) development, are qative species (CU) products produced related modes of e.g., golf centers Dn transporting nurse, the property (A) participants, viewers clubhouse, or patrons; tour community operations, such as, center building but not limited to and tennis airboats, swamp facilities, parks, buggies, horses and playgrounds similar modes of nd transportation (CU) playfields A) Guesthouses Zoo, aquarium, The commercial Sawmills (CU) Excavation and Boardwalks, nature A) aviary, botanical production, raising or related processing trails garden, or other breeding or exotic incidental to Ag(A) (P) similar uses (CU) animals (CU) Churches and Wholesale reptile Natural resources not other places of breeding and raising otherwise listed (P) worship (CU) non - venomous (P) and venomous(CU) Communications Essential services (P towers (P)(CU) 3nd CU) Social and Oil and gas field Fraternal development and organizations production (CU) CU) Private landing strips for general aviation (CU) Cemeteries (CU) Schools (CU) Group care facilities, ALF CU Agenda Item No. 17D February 13, 2007 The removal of land use layers yields Stewardship credits measured on a per acre 13a@ p b3pf 151 Natural Resource Index Value x (times) a factor representing all layers removed. The removal of layers 1 -2 yields a factor of 0.4; the removal of layers 1 -6 yields a factor of 0.9. The cumulative table of all base credits generated in SSA 9 is shown in Exhibit F of the Credit Agreement and summarized below. Staff has reviewed and agrees with the calculation of credits generated by the removal of these land use layers and the Natural Resource Index values supporting them. Acres Credits Ag 2 739.3 1,536.0 Earth Mining and Processing 50.1 16.2 Totals 789.4 1,552.2 Early Entry Bonus credits were established to encourage participation in the Stewardship Credit program. Bonus credits are awarded in the amount of 0.5 credits per Habitat Stewardship Area (HSA) acres located within the Area of Critical State Concern (ACSC). Bonus credits are awarded in the amount of 1.0 credit per HSA acre located outside the ACSC. Based on the type and location of HSA acreage within SSA 9, the applicant would be entitled to a total of 155.2 Early Entry Bonus credits. A summary of these credits is shown below. Staff has reviewed and agrees with these figures. Table 7 EARLY ENTRY BONUS CALCULATIONS Early Entry Bonus;, Calculations 155.2 HSA Acres Outside the ACSC x 1.0 Early Entry Bonus Credits per Acre in ACSC 155.2 Total Early Entry Bonus Credits Restoration Stewardship credits are awarded at the rate of four (4) credits per acre for land "dedicated by the applicant for restoration activities within the Camp Keais Strand FSA, contiguous HSAs, or those portions of the Restoration Zone depicted on the RLSA Overlay Map that are contiguous to the Camp Keais Strand" (LDC Subsection 4.08.06 13.311). "The actual implementation of restoration improvements is not required for the owner to receive such credits..." (LDC Subsection 4.08.06 B.3.f.3). Referred to as R -1, selected areas are made available for restoration activities based on current conditions of the property and benefits to be derived from restoration work. The applicant has submitted a Restoration Analysis and Report as required in the application Restoration credits are also available at the rate of four (4) credits per acre for the completion of restoration activities by the applicant (R -2). These credits are authorized at the time of SSA designation, but are not available for transfer until success criteria are met. The applicant has submitted a Restoration Plan (Plan) as Exhibit G to the Credit Agreement, as required by the LDC for R -2 approval. All proposed restoration areas in SSA 9, totaling 691.4 acres, include both R -1 and R -2 credits. These areas are depicted in Exhibit D to the Credit Agreement. The restoration activities are limited to hydrological and ecological restoration activities (berm removal) in three separate restoration areas which will greatly increase the width of the flow way ,.. and functionally enhance the flow way's natural hydrologic regime, improve the control of 3 Agenda Item No. 17D February 13, 2007 exotic vegetation, and the planting of native species to restore habitats. Staff reviewed t1i&9W6Mf 151 Report and Plan and conducted an extensive site visit with respect to the 691.4 acres proposed for R -1 and R -2 restoration. A summary of restoration credits follows: Table 6 RESTORATION CREDIT CALCULATIONS Restoration Type Acres "R1" Credits (@4.0 per acre ) "112" Credits (@4.0 per acre) Total Restoration Credits Flow Way 571.5 2,286.0 2286.0 4,572.0 Large Mammal 61.0 244.0 244.0 488.0 Wading Bird 58. 235.61 235.6 4761.2 Totals 691. 2765.6 2765.6 5,531.2 The SSA 9 credit total below shows the sum of Base Credits, Slough Strand Upgrade, Early Entry Bonus Credits and Restoration Credits: Table 8 TOTAL STEWARDSHIP CREDITS GENERATED redit Source' _ Credits Base Credits 1552.2 lough Strand Upgrade 8.0 arly Entry Bonus Credits 155.2 Restoration Credits 5531.2 Fotal 1 7,246.6 Of the total credits, 4,481.0 would be immediately available which is calculated by totaling the 1,552.2 Base Credits, 8.0 Slough Strand Upgrade Credits, 155.2 Early Entry Bonus Credits and the R -1 Restoration Credits of 2,765.6. The remaining 2765.6 credits are associated with R -2 restoration; as such, they become available only after success criteria are met as specified in the Credit Agreement. LEGAL CONSIDERATIONS: Applicants petitioning for Stewardship Sending Areas, who will obtain SSA credits for the land so designated, must include a credit agreement per LDC Section 4.08.06 C.5. BCI /BCP has voluntarily requested that the subject area be designated as a Stewardship Sending Area and has provided the required credit agreement which is also included by reference herein. LDC Section 4.08.06 C.6 requires that the SSA credit agreement shall be approved by a resolution of the BCC at an advertised public meeting by majority vote. A resolution is submitted for the subject area, which is attached. Additionally, the LDC requires in Section 4.08.06 C.7 that, following approval by the County, an SSA memorandum shall be prepared and recorded in the public records, together with necessary portions or exhibits. LDC Section 4.08.06 C.8 requires that the applicant prepare and submit stewardship easement agreements in all cases except when the property is being deeded in fee simple to a "conservation/preservation agency." The stewardship easement agreement is also attached. Finally, LDC Section 4.08.06 E.2 requires that, following the Board's approval of the SSA application and SSA credit agreement, a legal description of the land designated SSA, the SSA 4 Agenda Item No. 17D February 13, 2007 credits granted, and the stewardship easement applicable to such lands, shall be provides(@ thef 151 Collier County Property Appraiser and the applicant, and shall be recorded within 30 days by the applicant in the public records. FISCAL IMPACT: The applicant, BCIBCP, has paid fees totaling $9,500 for the processing and review of the application, and the development and maintenance of a Stewardship Credit System Database for the purpose of tracking credits. There are no additional fiscal impacts associated with the application. GROWTH MANAGEMENT IMPACT: The Rural Lands Stewardship Area Overlay in the Future Land Use Element (FLUE) establishes the process and requirements for establishing SSAs, the lands qualifying for SSA designation, and the use limitations for lands once they are designated as SSAs. This land use and growth management tool is implemented through the Rural Lands Stewardship Area Zoning Overlay District. The zoning overlay contains the same requirements and limitations as the FLUE Overlay. Therefore, inasmuch as staff's analysis indicates this petition for designation of SSA 9 is in compliance with the RLSA Zoning Overlay, it may also be found to be consistent with the FLUE. RECOMMENDATION: That the Board of County Commissioners adopt a resolution designating 789.4 acres in the Rural Lands Stewardship Area Overlay District (RLSA) as Stewardship Sending Area 9 ( "BCI /BCP SSA 9 "); approve a credit agreement for BCIBCP SSA 9 and the number of stewardship credits generated by the designation of said Stewardship Sending Area in response to an application by Barron Collier Investments, Ltd., a Florida Limited Partnership (BCI) , and Barron Collier Partnership, a Florida General Partnership, (BCP); approve an easement agreement for BCI /BCP SSA 9; direct the County Manager or his designee to prepare a SSA memorandum to be recorded in the public records together with the necessary portions or exhibits of the SSA Credit Agreement and Easement; direct the County Manager or his designee to provide said documents to the Collier County Property Appraiser and the applicant; and require the applicant to, within 30 days of adoption of the resolution, record these documents into the public records. Prepared by: Thomas Greenwood, AICP Principal Planner Comprehensive Planning Department 5 Agenda Item No. 17D February 13. 2007 Page 6 of 151 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17D Item Summary: Recommendation to adopt a resolution designating 789.4 acres in the Rural Lands Stewardship Area Overlay District fRLSAi as (BCI /BCP SSA 9), approving a credit agreement for BCI /BCP SSA 9.. approving an easement agreementfor BCl /BCP SSA 9, and establishing the number of Stewardship Credits generated try the designation of said Stewardship Sending Area in response to an application by Barron Collier Investments, Ltd. and Barron Collier Partnership. Meeting Date: 2113/2007 9.00 CO AM Prepared By Thomas Greenwood Principal Planner Date Community Development & Comprehensive Planning 1/24/2007 7:57:08 AM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 112612007 9:17 AM Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin, 11291200711:12 AM Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney Office 112912007 5:05 PM Approved By Communnty Planning and Randall J. Cohen Redevelopment Manager Date Community Development & Comprehensive Planning 2lt/20D7 6:46 AM Environmental Services Approved By Mike Bost, AICP Principal Planner Date Community Development & Zoning &Land Development Review 21112007 7:40 AM Environmental Services Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 211120D7 9:54 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 211)2D07 4:11 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 215!2007 1:26 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 2!712007 9:51 AM Commissioners Agenda Item No. 17D February 13, 2007 Page 7 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 28 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA. (SSA9 — 789.40 ACRES) ALL THAT PART OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST AND SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. (POINT NUMBER 1, NORTHING 712804.21, EASTING 504055.05); THENCE RUNNING ALONG THE SOUTH LINE OF SAID SECTION 13 SOUTH 89044'55" WEST 2676.91 FEET TO THE SOUTH'/ CORNER OF SAID SECTION 13 (POINT NUMBER 2, NORTHING 712792.47, EASTING 501378.16); THENCE LEAVING SAID SOUTH LINE OF SECTION 13, NORTH 01011'28" WEST 150.02 FEET ALONG THE SOUHTHERLY EXTENSION OF THE WEST LINE OF A PARCEL DESCRIBED IN O.R. BOOK 2493, PAGE 2779 -2796 TO THE POINT OF INTERSECTION WITH A LINE LYING 100 FEET NORTH OF AND PARALLEL TO THE NORTH LINE OF OIL WELL ROAD (100' RIGHT -OF -WAY), AND TO THE POINT OF BEGINNING (POINT NUMBER 3, NORTHING 712942.46, EASTING 501375.04); THENCE CONTINUE ALONG THE WEST LINE OF A PARCEL DESCRIBED IN O.R. BOOK 2493 PAGES 2779 -2796 NORTH 01011'28" WEST 2537.89 FEET TO THE NORTHWEST CORNER OF SAID PARCEL (POINT NUMBER 4, NORTHING 715479.80, EASTING 501322.29); THENCE NORTH 89 032'26" EAST 1692.67 FEET ALONG THE NORTH LINE OF SAID PARCEL AND CONTINUING ALONG THE NORTH LINE OF A PARCEL DESCRIBED IN O.R. BOOK 2009, PAGES 1554 -1558 TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN O.R. BOOK 2493, PAGES 2779 -2796 (POINT NUMBER 5, NORTHING 715493.38, EASTING 503014.91); THENCE ALONG THE WEST LINE OF SAID LANDS DESCRIBED IN O.R. BOOK 2493, PAGES 2779- 2796, NORTH 01011'02" WEST 2688.15 FEET TO THE NORTHWEST CORNER OF SAID LANDS, SAID POINT ALSO BEING A POINT ON THE SOUTH LINE OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 28 EAST COLLIER COUNTY, FLORIDA (POINT NUMBER 6, NORTHING 718180.95, EASTING 502959.36); THENCE ALONG SAID SOUTH LINE OF SECTION 12 SOUTH 89 024'56" WEST 151.63 FEET TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN O.R. BOOK 2493, PAGE 2779 -2796 (POINT NUMBER 7, NORTHING 718179.41, EASTING 502807.74); THENCE ALONG THE WEST LINE OF SAID PARCEL NORTH 00 044'30" WEST 5387.66 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND A POINT ON THE SOUTH LINE OF SECTION 1, TOWNSHIP 48 SOUTH, RANGE 28 EAST COLLIER COUNTY, FLORIDA (POINT NUMBER 8, NORTHING 723566.62, EASTING 502737.98); 7126/2008- 165933 V., 011 - JCSOTTY CA p43 03312 -SO4 -040. V W RK- 28783 Agenda Item No. 17D February 13, 2007 Page 8 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 2 OF 6 THENCE ALONG SAID SOUTH LINE NORTH 89 000'09" EAST 1106.06 FEET TO THE SOUTHWEST CORNER OF SECTION 6 TOWNSHIP 48 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA (POINT NUMBER 9, NORTHING 723585.87, EASTING 503843.88); THENCE ALONG THE SOUTH LINE OF SAID SECTION 6 NORTH 89 051'32" EAST 1993.62 FEET (POINT NUMBER 10, NORTHING 723590.78, EASTING 505837.49); THENCE LEAVING SAID LINE IN STRAIGHT LINE SEGEMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBER 11 THROUGH 107 INCLUSIVE): POINT NUMBER 11, NORTHING 723456.97, EASTING 505803.24 POINT NUMBER 12, NORTHING 723343.69, EASTING 505794.53 POINT NUMBER 13, NORTHING 722818.37, EASTING 505940.99 POINT NUMBER 14, NORTHING 722805.79, EASTING 505900.91 POINT NUMBER 15, NORTHING 722790.98, EASTING 505905.32 POINT NUMBER 16, NORTHING 721395.56, EASTING 506304.78 POINT NUMBER 17, NORTHING 720754.42, EASTING 506495.37 POINT NUMBER 18, NORTHING 720744.19, EASTING 506485.88 POINT NUMBER 19, NORTHING 720738.29, EASTING 506476.77 POINT NUMBER 20, NORTHING 720733.37, EASTING 506469.00 POINT NUMBER 21, NORTHING 720726.50, EASTING 506467.21 POINT NUMBER 22, NORTHING 720581.62, EASTING 506468.06 POINT NUMBER 23, NORTHING 720377.09, EASTING 506558.20 POINT NUMBER 24, NORTHING 720365.21, EASTING 506563.26 POINT NUMBER 25, NORTHING 720334.55, EASTING 506574.68 POINT NUMBER 26, NORTHING 720303.21, EASTING 506584.07 POINT NUMBER 27, NORTHING 720271.33, EASTING 506591.39 POINT NUMBER 28, NORTHING 720239.03, EASTING 506596.61 POINT NUMBER 29, NORTHING 720237.25, EASTING 506596.84 POINT NUMBER 30, NORTHING 719987.00, EASTING 506628.01 POINT NUMBER 31, NORTHING 719967.71, EASTING 506629.81 POINT NUMBER 32, NORTHING 719970.17, EASTING 506623.25 POINT NUMBER 33, NORTHING 719972.07, EASTING 506613.09 POINT NUMBER 34, NORTHING 719975.88, EASTING 506599.76 POINT NUMBER 35, NORTHING 719977.79, EASTING 506585.80 POINT NUMBER 36, NORTHING 719979.06, EASTING 506571.20 POINT NUMBER 37, NORTHING 719979.06, EASTING 506536.93 POINT NUMBER 38, NORTHING 719977.15, EASTING 506521.70 POINT NUMBER 39, NORTHING 719974.61, EASTING 506495.04 POINT NUMBER 40, NORTHING 719973.34, EASTING 506469.02 POINT NUMBER 41, NORTHING 719970.80, EASTING 506437.28 POINT NUMBER 42, NORTHING 719970.80, EASTING 506408.72 POINT NUMBER 43, NORTHING 719970.17, EASTING 506385.88 POINT NUMBER 44, NORTHING 719968.90, EASTING 506373.18 POINT NUMBER 45, NORTHING 719965.09, EASTING 506355.41 - 7/28/2006- 165933 Ver. 01!- XSOTTY CAW3 03312 -SO4 -040 V W RK- 28793 Agenda Item No. 17D February 13. 2007 Page 9 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 3 OF 6 POINT NUMBER 46, NORTHING 719961.92, EASTING 506339.54 POINT NUMBER 47, NORTHING 719953.03, EASTING 506296.38 POINT NUMBER 48, NORTHING 719951.13, EASTING 506279.88 POINT NUMBER 49, NORTHING 719949.86, EASTING 506265.29 POINT NUMBER 50, NORTHING 719948.59, EASTING 506249.42 POINT NUMBER 51, NORTHING 719947.32, EASTING 506228.47 POINT NUMBER 52, NORTHING 719945.42, EASTING 506206.89 POINT NUMBER 53, NORTHING 719945.42, EASTING 506190.39 POINT NUMBER 54, NORTHING 719945.98, EASTING 506178.11 POINT NUMBER 55, NORTHING 719945.34, EASTING 506167.79 POINT NUMBER 56, NORTHING 719946.63, EASTING 506147.79 POINT NUMBER 57, NORTHING 719950.87, EASTING 506131.96 POINT NUMBER 58, NORTHING 719945.00, EASTING 506017.93 POINT NUMBER 59, NORTHING 719902.95, EASTING 505907.81 POINT NUMBER 60, NORTHING 719945.00, EASTING 505784.48 POINT NUMBER 61, NORTHING 719966.44, EASTING 505656.35 POINT NUMBER 62, NORTHING 719949.01, EASTING 505576.68 POINT NUMBER 63, NORTHING 719904.20, EASTING 505490.79 POINT NUMBER 64, NORTHING 719823.28, EASTING 505388.71 POINT NUMBER 65, NORTHING 719725.81, EASTING 505079.48 POINT NUMBER 66, NORTHING 719691.35, EASTING 505072.71 POINT NUMBER 67, NORTHING 719647.04, EASTING 505041.85 POINT NUMBER 68, NORTHING 719396.80, EASTING 504764.63 POINT NUMBER 69, NORTHING 719318.02, EASTING 504713.24 POINT NUMBER 70, NORTHING 719208.91, EASTING 504699.61 POINT NUMBER 71, NORTHING 719133.42, EASTING 504696.12 POINT NUMBER 72, NORTHING 719037.42, EASTING 504723.50 POINT NUMBER 73, NORTHING 718975.88, EASTING 504785.14 POINT NUMBER 74, NORTHING 718934.86, EASTING 504860.42 POINT NUMBER 75, NORTHING 718887.27, EASTING 504891.29 POINT NUMBER 76, NORTHING 718825.74, EASTING 504891.29 POINT NUMBER 77, NORTHING 718671.23, EASTING 504868.22 POINT NUMBER 78, NORTHING 718592.63, EASTING 504856.90 POINT NUMBER 79, NORTHING 718355.31, EASTING 504821.05 POINT NUMBER 80, NORTHING 718298.16, EASTING 504812.52 POINT NUMBER 81, NORTHING 718260.17, EASTING 504828.70 POINT NUMBER 82, NORTHING 718033.21, EASTING 505353.86 POINT NUMBER 83, NORTHING 717829.05, EASTING 505376.26 POINT NUMBER 84, NORTHING 717649.80, EASTING 505408.63 POINT NUMBER 85, NORTHING 717553.94, EASTING 505436.02 POINT NUMBER 86, NORTHING 717469.90, EASTING 505465.89 POINT NUMBER 87, NORTHING 717360.99, EASTING 505556.77 POINT NUMBER 88, NORTHING 717217.84, EASTING 505708.64 POINT NUMBER 89, NORTHING 717099.58, EASTING 505775.86 7128/2006- 165933 Vec 01!- JCSOTTY CAW3 03312 -SO4- 040 - V W RK- 28793 Agenda Item No. 17D February 13, 2007 Page 10 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 4 OF 6 POINT NUMBER 90, NORTHING 716886.29, EASTING 505824.67 POINT NUMBER 91, NORTHING 716456.16, EASTING 505882.53 POINT NUMBER 92, NORTHING 716046.45, EASTING 505838.10 POINT NUMBER 93, NORTHING 716025.28, EASTING 505737.27 POINT NUMBER 94, NORTHING 715969.27, EASTING 505607.80 POINT NUMBER 95, NORTHING 715741.26, EASTING 505392.54 POINT NUMBER 96, NORTHING 714317.20, EASTING 505391.85 POINT NUMBER 97, NORTHING 714320.97, EASTING 505754.99 POINT NUMBER 98, NORTHING 714274.43, EASTING 505779.31 POINT NUMBER 99, NORTHING 714234.96, EASTING 505802.82 POINT NUMBER 100, NORTHING 713763.55, EASTING 506100.38 POINT NUMBER 101, NORTHING 713721.48, EASTING 506125.22 POINT NUMBER 102, NORTHING 713673.87, EASTING 506149.50 POINT NUMBER 103, NORTHING 713673.87, EASTING 505923.61 POINT NUMBER 104, NORTHING 713388.86, EASTING 505923.61 POINT NUMBER 105, NORTHING 713388.86, EASTING 506225.18 POINT NUMBER 106, NORTHING 713364.22, EASTING 506226.78 POINT NUMBER 107, NORTHING 713338.18, EASTING 506227.68; THENCE SOUTH 01 °03'33" EAST 343.73 FEET TO A POINT ON A LINE 100 FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF OIL WELL ROAD (100 FOOT RIGHT OF WAY) (POINT NUMBER 108, NORTHING 712994.51, EASTING 506234.03); THENCE ALONG SAID LINE SOUTH 88 056'28" WEST 2181.07 FEET (POINT NUMBER 109, NORTHING 712954.20, EASTING 504053.33); THENCE SOUTH 89044'55 WEST 2678.32 FEET TO THE POINT OF BEGINNING. CONTAINING 789.40 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING SOUTH 88 °56'28" WEST. 7!2612006185933 Vern. 011- JCSOTTY CAW3 03312 -SO4 -040- V W RK- 28783 Agenda Item No. 17D ebruary 13, 2007 Page 11 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 5 OF 6 SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING SOUTH 88 °56'28" WEST. STATEMENT OF DEFINITION, ACCURACY AND COORDINATE BASIS 1. DEFINITION: A. THE EXTERIOR BOUNDS OF S.S.A. 9 ARE BASED ON STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "A "(REFERENCE WILSONMILLER DRAWING NUMBER 1H -21). 2. ACCURACY: A. THESE LINES ARE BASED ON INTERPRETATIONS FROM AERIAL PHOTOGRAPHS HAVING THE FOLLOWING PARAMETERS: 1. DATE OF PHOTOGRAPHY: 4/23/03 2. NEGATIVE SCALE: 1:36000 3. PIXEL DIAMETER: 2.5' 4. TARGET SCALE: 1"=500' 5. SCALE NOT TO EXCEED 1" =500'. 6. THIS IMAGERY HAS NOT BEEN ORTHO CORRECTED IN ORDER TO MEET MINIMUM TECHNICAL STANDARDS OR NATIONAL MAP ACCURACY STANDARDS. 7. VERTICAL ELEVATION CHANGES WILL CAUSE HORIZONTAL DISPLACEMENT. EVERY EFFORT HAS BEEN MADE TO MINIMIZE THIS EFFECT FOR CRITICAL FEATURES. 8. IN AREAS WHERE TALL STRUCTURES OR TREES LEAN TO OBSTRUCT FEATURES, EXPOSURES WERE MOSAICKED IN AN EFFORT TO MINIMIZE THE EFFECT. 9. THIS PRODUCT IS SIMILAR IN ACCURACY TO RECTIFIED ENLARGEMENTS, EXCEPT PROVIDED IN A DIGITAL FORMAT. B. BASED ON THESE PARAMETERS, THE LINES DEPICTED IN THIS DIGITAL FILE HAVE AN ESTIMATED POSITIONAL ACCURACY OF +/- 20 FEET. C. MINOR DIFFERENCES IN POSITION AND ACREAGE BETWEEN THIS DESCRIPTION AND OTHER FORMATS CAN BE ATTRIBUTED TO COORDINATE PROJECTION AND SOFTWARE ACCURACY PARAMETERS. 3. COORDINATE BASIS: 7126/2006- 165933 V., 011- JCSOTTY CA.3 03312 -SO4 -040- VYVRK- 28783 ®1 11 %ll ro 'r New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHiP48SOUTH, RANGE29EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY. FLORIDA SHEET 6 OF 8 Agenda Item No. 17D February 13, 2007 Page 12 of 151 THE LINES DEPICTED HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83, GRS80. US SURVEY FEET. BY "., �.'�+ � G'"�C�I,G� DATE 'l 6 -D 6 BRADLEY E. STOCKHAM, P.S.M. PSM.*63gp WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A PROFESSIONAL SURVEYOR AND MAPPER. REFERENCE WILSONMILLER DRAWING NUMBER 1H- 21.S1. ,.,...,. 100B-1W933 Ver. 011.JCS0 I a a 12.SO4440 -V WRK- -28789 February 13, 2007 1 T-48 —S 6 Page 13 f 151 N. . PREPARED BY: W O.R. BOOK 2493 ,% J? /� ` (� C PAGE 2779 A N89'S1 '3YE BRADLEY E. STO HAM, P.S.M. L.S. #6390 DATE N89'00'09 "E 1993.62' 1106.06' B.C.I. O.R. BOOK 2493 PAGE 2779- 8 9 2796 11 12 1 I 7 v a n I rn 12 B.C.P. O.R. BOOK 2DD9 PAGE 29 1546 -1553 31 64 61 58 / s8 65 12 / 70 7 76 / 78 7 / I / 589'24'56" W % 82 151.63' J( y 81 84 86 C.D.C. O.R., B6 15.7 OPAGE 749 90 13 U ; BGP. II 92 Q O.R. BOOK 11900 8 �E 179-184 95 N89'32'26 'E � N, wi 7000. 97 PON EM ii / ID5 501,11'28'E / / O I 150.02' ■ / > / o 709 589'44'55 "W OIL WELL ROAD 2676.91' 100' (100' RIGHT -OF -WAY) 1/4 CORNE 2 PAA ak Y SECTION COR. SE CORNER OF GENERAL NOTES: SECTION 13 1. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS ABBREVIATIONS: OTHERWISE NOTED. O.R. - OFFICIAL RECORD BOOK 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED C.E. COLLIER ENTERPRISES, LTD SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. B.C.I. BARRON COLLIER INVESTMENTS LTD 3. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, B.C.P. = BARRON COLLIER PARTNERSHIP TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA R.O.W = RIGHT OF WAY BEING SOUTH 8744'55' WEST. P.O.C. - POINT OF COMMENCEMENT 4, CERTIFICATE OF AUTHORIZATION ALB -43 P.O.B. = POINT OF BEGINNING C.D.C. - COLLIER DEVELOPMENT CORPORATION 5. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. 0 500 1000 2000 4000 6. THIS SKETCH MAY HAVE BEEN REDUCED. 7. SEE ATTACHED FOR LEGAL DESCRIPTION GRAPHIC SCALE B. POINTS ARE SEOUENTIAL AND LABELED INCREMENTALLY. PARCEL DESCRIBED SSA# 9 INTERMEDIATE POINT LABELS ARE OMITTED FOR CLARITY. 78Q.4O ACRES "�`— 9. REFERENCE WILSONMILLER PCDOCS NUMBER 165933 FOR DESCRIPTION * * NOT A SURVEY 10. SEE SHEET 5 FOR COORDINATE TABLE. Jul 26, 2006 - 08:08'25 JCSOTTYI%: \SUP\03J12 \SSA 9 \IN -21Ad g rnrc�- ftwloasnov CLIENT: �� �. i�� & CCU= ilst�tMil/er TITLE: S (E'TIM OF DESCRFWN OF PM OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH. RANGE 28 EAST AND SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST ftwwv • &Orft e • EcdoBNb • S+wyas • Lan4tepe ATd"* • TrawporlsG» Ca wiknb COLLIER COUNTY, FLORIDA 8W> T pit. DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: = >�7BYlJna9ds •A afittd�3mi&ol• 40aT m4a- rw..www- sysAwviwmi�. 3/06 03312 -PO4- 000 -21000 1 I 1H -21S1 Agenda Item No. 17D February 13, 2007 D c f F1 POINT POINT POINT POINT NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING 1 712804.21 504055.04 100 773763.55 505100.38 200 721697.38 504609.31 300 714413.04 504493.69 2 712792.47 507378.16 101 773727.48 506125.22 201 721740.11 504362.17 301 714409.24 504475.31 3 712942.46 501375.04 102 713673.87 506149.50 202 721768.82 504339.41 302 714404.45 504465.04 4 715479.80 501322.29 103 713673.87 505923.61 203 721772.62 504340.16 303 714370.65 504408.84 5 715493.38 503014.91 104 713388.86 505923.61 204 721790.07 504343.61 305 714267.04 504315.95 6 718180.95 502959.36 105 713388.86 506225.18 205 727878.06 504349.15 306 714257.32 504309.09 7 718179.40 502807.73 706 713364.22 506226.78 206 721878.06 504349.15 307 714247.05 504304.30 8 723566.61 502737.98 107 713336.18 506227.68 207 721893.36 504360.09 312 713161.51 504346.51 9 723585.87 503843.87 108 712994.57 506234.03 208 722019.89 504378.48 313 713146.15 504356.10 10 723590.77 5058J7.49 109 712954.20 50405133 209 722019.92 504378.48 314 713131.64 504373.40 11 723456.97 505803.24 110 712942.46 501375.04 210 722029.68 504378.88 315 713107.70 504421.36 12 723343.69 505794.53 113 718230.06 504798.88 217 712107.13 504381.77 316 713088.01 504481.41 13 722818.37 505940.99 114 778218.48 50479436 212 722176.61 504381.77 319 713112.75 505386.07 14 722805.79 505900.91 115 718766.80 504783.17 213 722267.00 504361.58 322 713672.21 503928.26 15 722790.98 505905.32 116 718125.04 504773.66 214 722322.66 504349.15 323 713378.57 503922.10 16 727395.56 506304.78 117 718125.04 504773.66 275 722385.82 504325.47 324 713314.41 503922.10 17 720754.42 506495.37 118 718125.04 504773.66 116 722426.86 504310.07 325 773279.87 503915.93 18 720744.19 506485.88 119 718048.06 504719.32 217 722524.49 504257.97 326 713267.53 503890.02 19 720738.29 506476.77 120 717960.12 504657.25 218 722524.49 504257.97 327 713270.00 503832.03 20 720733.37 506469.00 121 717936.82 504638.02 219 722547.47 504221.18 328 713282.33 503704.95 21 720726.50 506467.21 122 777781.90 504510.25 220 72255731 504140.75 329 713290.97 503664.24 22 720581.62 506468.06 123 717679.52 504425.77 221 722557.31 504740.75 330 713300.84 503644.49 23 720377.09 506558.20 124 777677.75 504390.15 222 722556.95 504138.04 331 713320.58 503635.86 24 720365.21 506563.26 125 777670.71 504388.19 223 722555.39 504133.23 332 713371.16 503632.16 25 720334.55 506574.68 126 777655.26 504318.50 224 722550.58 504118.40 333 713536.49 503633.39 26 720303.21 506584.07 127 717655.26 504318.49 225 722550.58 504118.40 334 713578.24 503626.62 27 720271.33 506591.39 128 717679.52 504769.46 226 722546.29 504102.46 335 773602.00 503632.99 28 720239.03 506596.67 729 777759.47 504041.67 227 722538.32 504072.86 336 713602.00 503632.99 29 72023725 506596.84 730 777776.06 504015.03 228 722532.35 504050.72 337 713606.05 503632.94 30 719987.00 506628.01 731 717786.80 50399784 229 722519.34 504029.89 338 713626.74 503636.64 31 719967.71 506629.81 132 777786.80 50399784 230 722490.71 503972.62 339 713647.89 503637.77 32 779970.17 506623.25 133 718189.02 503995.09 231 722475.09 503930.97 340 713676.08 503639.46 33 719972.07 506613.09 134 718392.92 503995.10 232 722467.28 503881.51 341 713772.77 503641.71 34 719975.88 506599.76 735 718855.57 503995.4) 233 722472.48 503852.87 342 713752.49 503641.43 35 719977.79 506585.80 136 719127.58 503995.57 234 722495.91 503839.86 343 713775.62 503641.71 36 779979.05 506571.20 137 719127.71 503995.57 235 722575.96 503837.63 344 713778.18 503641.08 37 719979.06 506536.93 138 719440.56 503995.72 236 722579.34 503837.25 345 713782.01 503643.26 38 719977.15 506521.70 139 719615.64 503995.81 237 722613.06 503837.25 346 773805.45 503640.79 39 719974.61 506495.04 140 719864.49 503995.93 238 722660.61 503835.21 347 713831.36 503638.33 40 719973.34 506469.02 141 719904.63 504110.84 239 722757.64 503831.08 348 713865.91 503637.09 41 719970.80 506437.28 142 719948.81 504237.24 24D 722833.45 503827.84 349 773886.88 503629.69 42 719970.80 506408.72 743 719949.26 504238.54 241 722917.63 503824,24 350 773905.39 503622.29 43 719970.17 506365.88 144 719949.26 504238.54 242 723045.27 503819.71 351 713923.90 50362 1. 05 44 779968.90 506373.18 145 719949.26 504238.54 243 723120.00 503817.06 352 713946.11 50362J.52 45 719965.09 506355.41 146 719949.26 504238.54 244 723284.68 503871.12 353 713972.01 503625.99 46 719967.92 506339.54 147 719947.29 504264.72 245 723423.63 503809.39 354 713995.46 503632.76 47 719953.03 506296.38 148 719948.31 504270.58 246 723462.53 503808.62 355 714017.66 503632.76 48 779951.73 505279.88 149 719950.39 504282.50 247 723565.93 503802.54 356 714039.87 503627.22 49 719949.86 506265.29 750 719955.80 504308.79 248 723582.56 503801.95 357 714079.35 50362722 50 719948.59 506249.42 151 719960.90 504333.03 249 723585.14 503801.86 358 714097.69 503644.49 51 719947.32 506228.47 752 719961.98 504338.78 253 712954.19 504051.23 359 714099.09 503665.47 52 719945.42 505206.89 153 779966.62 504359.83 254 712947.89 502613.35 350 774701.56 503692.67 53 719945.42 506190.39 154 719967.75 504368.63 255 714752.79 502586.86 361 714706.50 503735.79 54 719945.98 506178.11 755 719970.49 504389.99 256 714324.00 502528.47 362 714708.96 503771.57 55 719945.34 506167.79 156 719972.04 504408.55 257 714688.63 502520.57 363 714170.20 503801.18 56 719946.63 506147.79 157 719973.58 504428.65 258 714896.54 502817.71 364 714705.26 503854.24 57 719950.87 506131.96 158 719974.41 504438.19 259 714958.93 503139.76 365 714707.26 503893.23 58 719945.00 506017.93 159 719975.73 504446.44 260 715248.26 503399.49 366 714089.22 503924.56 59 719902.95 505907.81 160 719977.20 504457.06 261 715418.12 503432.49 367 714011.50 503930.73 60 719945.00 505784.48 161 779980.54 504474.27 262 715505.05 503787.69 368 713828.90 503929.50 61 719966.44 505656.35 162 719982.74 504486.01 263 715532.10 503982.77 369 773674.86 504033.00 62 719949.01 505576.68 163 719985.18 504499.02 264 715632.38 504273.11 370 712978.70 505377.38 63 779904.20 505490.79 164 719989.05 504529.18 265 715650.42 504380.07 371 713113.83 505376.97 64 719823.28 505388.71 165 779989.82 504557.79 256 715466.94 504980.23 372 713086.61 504510.21 65 719725.81 505079.48 166 719989.82 504584.85 267 715479.68 505039.00 373 773247.90 504316.43 66 719691.35 505072.77 167 719989.82 504617.J3 268 715572.70 505175.03 374 713627.38 504243.10 67 779647.04 505041.85 768 719992.14 504655.22 269 775717.35 505309.42 375 713932.97 504245.04 68 779396.80 504764.63 169 719997.56 504683.06 270 775716.99 505392.53 376 774234.99 504306.49 69 779318.02 504713.24 170 720002.20 504713.99 272 714703.96 505387.63 377 714407.96 504514.25 70 719206.97 504699.61 171 720005.00 504736.97 273 714088.51 505381.27 378 714415.51 504927.60 71 71913J.42 504696.12 172 720006.06 504745.70 274 714081.15 505377.30 379 714334.90 505034.30 72 719037.42 504723.50 173 720008.47 504754.92 275 714074.08 505372.83 380 714082.71 505115.23 73 718975.88 504785.14 174 720017.54 504790.84 176 714064.71 505365.23 381 714047.81 505171.28 74 718934.86 504860.42 175 720020.36 504846.78 277 714057.36 505359.05 382 714041.74 505392.70 75 71888727 504697.29 176 720023.65 504922.06 278 774058.09 505337.04 383 712954.19 504051.25 76 718825.74 504897.29 177 779777.57 505048.72 279 714057.14 505323.59 384 712804.21 504055.04 77 718677.23 504868.22 178 779749.32 505065.49 281 714038.44 505272.68 385 723585.87 503843.87 78 718592.63 504856.90 779 723588.07 504774.23 282 774033.64 505208.16 387 773674.86 5040J3.00 79 718355.31 504821.05 780 723570.28 504715.04 283 714034.84 505122.69 388 778790.86 503931.19 80 718298.16 504812.52 781 723563.24 504777.14 285 714065.60 505102.11 81 716260.17 504828.70 782 723527.96 504743.19 286 714090.62 505094.70 82 716033.21 505353.86 183 72342703 504762.77 288 714179.83 505087.11 83 717829.05 505376.26 784 723260.48 504860.42 289 714203.06 505083.85 84 717649.80 505408.63 185 723219.22 504684.74 290 714251.86 505070.09 85 717553.94 505436.02 186 7231J3.30 504935.39 291 714286.65 505064.07 86 717469.90 505465.89 187 723088.17 50497764 292 714300.57 505060.02 87 717360.99 505556.77 188 723023.35 505000.52 294 714367.43 505026.84 88 717217.84 505708.64 789 722967.56 505006.97 295 774383.24 505013.27 89 717099.58 505775.86 190 721634.05 505032.86 296 714405.37 504976.38 90 716886.29 505824.67 191 722631.97 505033.02 297 714412.85 504955.59 91 716456.16 505882.53 192 722309.52 505225.23 299 714417.56 504571.59 92 716046.45 505838.70 193 722219.05 505195.76 93 716025.28 505737.27 194 722007.86 505126.98 94 715969.27 505607.80 195 721629.41 505003.29 95 715747.26 505392.54 196 721645.99 504906.49 SEE SHEETS 1 -4 FOR SIGNATURE AND NOTES. 96 714317.20 505391.85 797 711661.22 504818.41 COORDINATE TABLE 97 714320.97 505754.99 198 721671.35 504759.83 98 714274.43 505779.31 199 721685.19 504679.76 ** NOT A SURVEY ** 99 714234.96 505802.82 Jul 26, 2006 - 08:O8:2S JCSOTTYI7(: \SUR\03312\SSA 9 \114- 21.dwq CLIENT: (MM �y�,1,g g R SRON COLLIER PARIDIER.S V TITLE SKETCH OF DESCRIPTION OF PNtT OF wil&wMillei SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST - AND SECTIONS 7 AND 18, TOWNSHIP 46 SOUTH, RANGE 29 EAST Plhf00 >•-1 algl 6u'wym Lmndrp Arckttlh IllmW610M CaRS18W COLLIER COUNTY, FLORIDA k= DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: now=40-pp 3/06 03312 000 -21000 5 1H -21St yyWaftLMy�2W,�AKFb - - W*W*NicI, seam -POa- 5 OF Agenda Item No. 17D ebruary 13. 2007 Page 15 of 151 STEWARDSHIP SENDING AREA CREDIT AGREEMENT (BCI /BCP SSA 9) THIS STEWARDSHIP SENDING AREA CREDIT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this day of , 2007, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred as "County" whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and Barron Collier Investments, Ltd., a Florida Limited Partnership ( "BCI ") and Barron Collier Partnership, a Florida General Partnership ( "BCP "), hereinafter individually and jointly referred to as "Owner ", whose mailing addresses are 2600 Golden Gate Parkway, Naples, Florida 34105, for the purpose of designating a "Stewardship Sending Area" ( "SSA ") on certain lands belonging to Owner, eliminating Land Use Layers from said lands, and assigning to Owner Stewardship Credits, all pursuant to Section 4.08.06. of the Collier County Land Development Code. WITNESSETH: WHEREAS, BCI and BCP are the owner of approximately 789.4 acres of land within the boundaries of the Rural Lands Stewardship Area Zoning Overlay District ( "RLSA District ") located in Collier County, Florida, which land is the subject of a Stewardship Sending Area Application (Application AR - 10553) filed by Owner with Collier County, Florida; and WHEREAS, Owner has voluntarily requested that the 789.4 acre parcel legally described in the attached Exhibit "A" (hereinafter referred to as "BCI /BCP SSA 9 ") and depicted on Exhibit "B" be designated as a Stewardship Sending Area in accordance with and pursuant to Section 4.08.06. of the Collier County Land Development Code ( "LDC "); and WHEREAS, Owner has submitted, and the County has reviewed, a SSA Designation Application filed with the County on September 22, 2006 for the BCI /BCP SSA 9 land described in Exhibit "A" and WHEREAS, Collier County has reviewed the SSA Designation Application, along with all support documentation and information required by Section 4.08.06. of the Collier County Land Development Code and determined that the Owner's application is legally sufficient and should be granted; and WHEREAS, the County and Owner have reached agreement concerning the number of Stewardship Credits that are to be generated by the designation of the BCI /BCP SSA 9 described in Exhibit "A" and an SSA, and the parties further intend to specify the land uses that are eliminated from, and those land uses that remain on, BCI /BCP SSA 9; and Agenda Item No. 17D February 13, 2007 Page 16 of 151 WHEREAS, the County and Owner agree that this Agreement is in compliance with and fully meets the requirements of the Collier County Growth Management Plan and LDC and is of substantial benefit to the general public. NOW THEREFORE in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the mutual covenants contained herein, the parties agree as follows: 1. Land Designated as SSA. BCI /BCP SSA 9 as described in Exhibit "A ", consisting of approximately 789.4 acres, is hereby designated a Stewardship Sending Area ( "SSA "), and officially designated as BCI /BCP Stewardship Sending Area 9 (BCI /BCP SSA 9). 2. Land Use Lavers. The following Land Use Layers as described in the Land Use Matrix in Section 4.08.06 B.4. of the Collier County LDC are hereby eliminated from and prohibited within BCI /BCP SSA 9 a. Within BCI /BCP SSA 9, Land Use Layers 1 and 2, as described in Section 4.08.06 B.4. of the LDC, are hereby eliminated on 50.1 acres of SSA 9. Having the first two (2) Land Use Layers eliminated, the 50.1 acres may also be used for Earth Mining and Processing Uses (Land Use Layer 3), Recreational Uses (Land Use Layer 4), Agriculture - Group 1 (Land Use Layer 5), Agriculture — Support Uses (Land Use Layer 6), and Agriculture - Group 2 (Land Use Layer 7). b. Within BCI /BCP SSA 9, Land Use layers 1 -6, inclusive, are hereby eliminated on 739.3 acres. The remaining Land Use Layer, Agriculture — Group 2, as depicted on Exhibit "C ", cannot be converted to Agriculture — Group 1 from and after the designation of such land as a SSA. C. Within the 739.3 acres of SSA 9 wherein Land Use Layers 1 -6, inclusive, are being eliminated, 733.8 acres are hereby designated for restoration, and the Owner has agreed to complete restoration improvements thereon which will satisfy the eligibility requirements set forth in LCD Section 4.08.06 B.3.f.(5). Within the areas designated for restoration, all natural areas shall be maintained in their existing conditions until such time as restoration activities occur. Those areas described as Restoration Areas A, B, C, and D are depicted on Exhibit "D" and described on Exhibit "E ", respectively. Agenda Item No. 17D February 13, 2007 Page 17 of 151 3. Natural Resource Index Assessment. A Natural Resource Index Assessment Worksheet ( "Worksheet ") for BCI /BCP SSA 9 is attached to this Agreement as Exhibit "F". The Worksheet quantifies the number of acres by Index Values, sets forth the level of conservation, identifies the land designated for restoration, sets forth the restoration potential and establishes the number of Stewardship Credits generated. The Worksheet also quantifies the number of Early Entry Bonus Credits generated by the designation of BCI /BCP SSA 9. The Worksheet separately sets forth the number of stewardship credits authorized as a result of the Owner agreeing to undertake restoration improvements; however the stewardship credits generated by said restoration improvements are not available for utilization by Owner until such time as the applicable success criteria as set forth herein have been satisfied. The total number of Stewardship Credits hereby generated and assigned to Owner by this Agreement for BCI /BCP SSA 9 are 7,246.6 Stewardship Credits, of which 4,481.0 Stewardship Credits are immediately available and may be sold, transferred, or otherwise utilized by the Owner in accordance with Section 4.08.06. of the Collier County Land Development Code ( "LDC "). The remaining 2,765.6 Stewardship Credits will be available to Owner for use, sale, or transfer, all or in part, as the success criteria for restoration improvements are met as set forth in the Restoration Program which is attached hereto as Exhibit "G ". 4. Exchange Rate. The Stewardship Credits generated and assigned for the establishment of the SSA on BCI /BCP SSA 9 herein may be transferred to a Stewardship Receiving Area (SRA) in exchange for the development of land at the rate of eight stewardship Credits for the development of one acre of land in a SRA. 5. Land Management Measures. a. On lands within SSA 9 on which Land Use Layers 1 -6 have been eliminated and which are designated for restoration, land management measures will consist of one or more of the following: brush clearing, mechanical brush control ( "chopping "), prescribed burning, other exotic and nuisance species control, fence construction and maintenance, silvicultural managment, and ditch and ranch road maintenance, to maintain the land in its existing condition prior to restoration commencement. All natural areas shall be maintained in their existing natural condition until such time as restoration activities occur. b. On lands within SSA 9 on which Land Use Layers 1 -6 have been eliminated and on which Owner has agreed to undertake restoration improvements, that is Restoration Areas A, B, C, and D, there are additional land management measures to be undertaken after the completion of said restoration improvements. Those land management measures are specifically set forth in the Restoration Program and are incorporated herein by reference. Agenda Item No. 17D February 13, 2007 Page 18 of 151 6. References. The references herein to the LDC provisions are those contained in Section 4.08.06. of the Collier County Land Development Code existing as of the date this Agreement becomes effective and those provisions of the LDC shall control as to the rights, obligations, implementation or interpretations of this Agreement and rights of Owner in the BCI /BCP SSA 9. 7. Lavers Included. The retention of any Land Use Layer also includes the retention of all Land Use Layers that are less intensive in nature and that are listed below that Land Use Layer (higher numbered layers) in Section 4.08.06 B.4. of the LDC, including the retention of Conservation Restoration and Natural Resource uses as contained in the Land Use Matrix contained in Section 4.08.06 B.4.b. of the LDC. 8. Restriction on Land Use Amendments. Upon designation of the land described in Exhibit "A" as an SSA, the Owner, its assigns and successors in interest to BCI /BCP SSA 9 shall not seek or request, and the County shall not grant or approve, any increase in the density or any additional uses beyond those specifically authorized in this Agreement. Ninety percent (90 %) of the lands subject to this Agreement are within an FSA or HSA as depicted on the RLSA Overlay May, officially entitled "Collier County Rural and Agricultural Area Assessment Stewardship Overlay Map ". Upon designation of these lands as an SSA, the owner shall neither seek nor request, and the County shall not in violation of Sections 4.08.06 A.2. and 3., thereafter grant or approve any expansion or conversion of agricultural uses. 9. Effectiveness. This Agreement shall be effective upon its execution by both parties. The terms, conditions, and obligations hereunder shall constitute covenants that run with the land and may be enforceable by either party in the circuit courts for the 20th Judicial Circuit in Collier County. In the event that either party hereto shall institute legal proceedings in connection with or for the enforcement of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees, costs and expenses, to be taxed by a court of competent jurisdiction, which are directly related to any court trial and appellate proceedings. 10. Easement Agreement. Attached hereto as Exhibit "H" is a copy of the Stewardship Easement Agreement (without Exhibits) that will be executed by Owner and recorded by the County (with Exhibits) upon approval of this Agreement. The Stewardship Easement Agreement grants a perpetual easement in favor of Collier County and the Florida Agenda Item No. 17D ebruary 13, 2007 Page 19 of 151 Department of Agriculture and Consumer Services setting forth specific land management measures and the party responsible for such measures for the BCI /BCP SSA 9 land described in Exhibit "A" which is the subject of this Agreement. 11. FSA/HSA Lands. 711.7 acres of BCI /BCP SSA 9 are within the Camp Keais Strand Flow Way (FSA) or a contiguous Habitat Stewardship Area (HSA). 556.5 acres of BCI /BCP SSA 9 are within a FSA and 155.2 acres of BCI /BCP SSA 9 are within a HSA. The FSA/HSA lands are depicted on Exhibit "I ". 12. Successors and Assigns. As used in this Agreement the term "Owner" shall include the owner, its successors and assigns of any of the BCI /BCP SSA 9 land described in Exhibit "A" 13. Amendments. This Agreement may only be amended by written agreement of all parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representative and their official seals hereto affixed the day and year first written above. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: in Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James Coletta, Chairman WITNESS: (Signature) (Print full name) (Signature) (Print full name) WITNESS: (Signature) (Print full name) (Signature) (Print full name) Agenda Item No. 17D February 13, 2007 Page 20 of 151 BARRON COLLIER INVESTMENTS, LTD. A Florida Limited Partnership By: Paul J. Marinelli Its Administrative Agent BARRON COLLIER INVESTMENTS, LTD. A Florida Limited Partnership By: Katherine G. Sproul, Trustee Juliet C. Sproul Testamentary Trust A General Partner WITNESS: (Signature) (Print full name) (Signature) (Print full name) WITNESS: (Signature) (Print full name) (Signature) (Print full name) Agenda Item No. 17D February 13, 2007 Page 21 of 151 BARRON COLLIER PARTNERSHIP, A Florida General Partnership Paul J. Marinelli Its Administrative Agent BARRON COLLIER PARTNERSHIP, A Florida General Partnership By: Katherine G. Sproul, Trustee Juliet C. Sproul Testamentary Trust A General Partner Agenda Item No. 17D February 13, 2007 Page 22 of 151 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Sending Area Credit Agreement was executed before me this day of , 2007, by PAUL J. MARINELLI, as Administrative Agent of BARRON COLLIER INVESTMENTS, LTD. STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Sending Area this day of , 2007, the Juliet C. Sproul Testamentary Trust, INVESTMENTS, LTD. STATE OF FLORIDA COUNTY OF COLLIER Notary Public Name: Certificate No. My Commission expires: Credit Agreement was executed before me by KATHERINE G. SPROUL, as Trustee for a General Partner of BARRON COLLIER Notary Public Name: Certificate No. My Commission expires: The foregoing Stewardship Sending Area Credit Agreement was executed before me this day of , 2007, by PAUL J. MARINELLI, as Administrative Agent of BARRON COLLIER PARTNERSHIP Notary Public Name: Certificate No. My Commission expires: Agenda Item No. 17D February 13, 2007 Page 23 of 151 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Sending Area Credit Agreement was executed before me this day of , 2007, by KATHERINE G. SPROUL, as Trustee for the Juliet C. Sproul Testamentary Trust, a General Partner of BARRON COLLIER PARTNERSHIP. Notary Public Name: Certificate No. My Commission expires: Agenda Item No. 17D February 13, 2007 Page 24 of 151 LIST OF EXHIBITS BCI /BCP Stewardship Sending Area 9 Credit Agreement Exhibit "A" SSA 9 Land Legal Description Exhibit "B" BCI /BCP SSA 9 (789.4 acre parcel) depicted on Map of SSA Land Exhibit "C" Retained land Uses Exhibit "D" Restoration Areas Exhibit "E" Legal Description of SSA 9 Restoration Areas Exhibit "F" Natural Resource Index Assessment Worksheet Exhibit "G" SSA 9 Restoration Program Exhibit "H" Stewardship Easement Agreement Exhibit "I" FSA / HSA Lands Agenda Item No. 17D February 13, 2007 Page 25 of 151 BCI /BCP SSA 9 CREDIT AGREEMENT Agenda Item No. 17D February 13, 2007 Page 26 of 151 EXHIBIT A Agenda Item No. 17D February 13, 2007 Page 27 of 151 :AV, ��� Agenda Item No. 17D February 13, 2007 Page 28 of 151 EXHIBIT C Agenda Item No. 17D February 13, 2007 Page 29 of 151 '�i7 Agenda Item No. 17D February 13, 2007 Page 30 of 151 EXHIBIT E Agenda item No. 17D February 13, 2007 Page 31 of 151 EXHIBIT F Agenda Item No. 17D February 13, 2007 Page 32 of 151 EXHIBIT G Agenda Item No. 1TD February 13, 2007 Page 33 of 151 EXHIBIT H Agenda Item No. 17D February 13, 2007 Page 34 of 151 EXHIBIT I Agenda Item No. 17D February 13, 2007 Page 35 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 28 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA. (SSA9 — 789.40 ACRES) ALL THAT PART OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST AND SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. (POINT NUMBER 1, NORTHING 712804.21, EASTING 504055.05); THENCE RUNNING ALONG THE SOUTH LINE OF SAID SECTION 13 SOUTH 89044'55" WEST 2676.91 FEET TO THE SOUTH'/ CORNER OF SAID SECTION 13 (POINT NUMBER 2, NORTHING 712792.47, EASTING 501378.16); THENCE LEAVING SAID SOUTH LINE OF SECTION 13, NORTH 01011'28" WEST 150.02 FEET ALONG THE SOUHTHERLY EXTENSION OF THE WEST LINE OF A PARCEL DESCRIBED IN O.R. BOOK 2493, PAGE 2779 -2796 TO THE POINT OF INTERSECTION WITH A LINE LYING 100 FEET NORTH OF AND PARALLEL TO THE NORTH LINE OF OIL WELL ROAD (100' RIGHT -OF -WAY), AND TO THE POINT OF BEGINNING (POINT NUMBER 3, NORTHING 712942.46, EASTING 501375.04); THENCE CONTINUE ALONG THE WEST LINE OF A PARCEL DESCRIBED IN O.R. BOOK 2493 PAGES 2779 -2796 NORTH 01011'28" WEST 2537.89 FEET TO THE NORTHWEST CORNER OF SAID PARCEL (POINT NUMBER 4, NORTHING 715479.80, EASTING 501322.29); THENCE NORTH 89 032'26" EAST 1692.67 FEET ALONG THE NORTH LINE OF SAID PARCEL AND CONTINUING ALONG THE NORTH LINE OF A PARCEL DESCRIBED IN O.R. BOOK 2009, PAGES 1554 -1558 TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN O.R. BOOK 2493, PAGES 2779 -2796 (POINT NUMBER 5, NORTHING 715493.38, EASTING 503014.91); THENCE ALONG THE WEST LINE OF SAID LANDS DESCRIBED IN O.R. BOOK 2493, PAGES 2779- 2796, NORTH 01011'02" WEST 2688.15 FEET TO THE NORTHWEST CORNER OF SAID LANDS, SAID POINT ALSO BEING A POINT ON THE SOUTH LINE OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 28 EAST COLLIER COUNTY, FLORIDA (POINT NUMBER 6, NORTHING 718180.95, EASTING 502959.36); THENCE ALONG SAID SOUTH LINE OF SECTION 12 SOUTH 89 024'56" WEST 151.63 FEET TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN O.R. BOOK 2493, PAGE 2779 -2796 (POINT NUMBER 7, NORTHING 718179.41, EASTING 502807.74); THENCE ALONG THE WEST LINE OF SAID PARCEL NORTH 00 044'30" WEST 5387.66 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND A POINT ON THE SOUTH LINE OF SECTION 1, TOWNSHIP 48 SOUTH, RANGE 28 EAST COLLIER COUNTY, FLORIDA (POINT NUMBER 8, NORTHING 723566.62, EASTING 502737.98); 726/2006- 165833 Ve[011- JCSOTTY CAl 03312 -SO4- 040 - V W RK- 28783 Agenda Item No. 17D February 13, 2007 Page 36 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 46 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 2 OF 6 THENCE ALONG SAID SOUTH LINE NORTH 89 000'09" EAST 1106.06 FEET TO THE SOUTHWEST CORNER OF SECTION 6 TOWNSHIP 48 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA (POINT NUMBER 9, NORTHING 723585.87, EASTING 503843.88); THENCE ALONG THE SOUTH LINE OF SAID SECTION 6 NORTH 89 051'32" EAST 1993.62 FEET (POINT NUMBER 10, NORTHING 723590.78, EASTING 505837.49); THENCE LEAVING SAID LINE IN STRAIGHT LINE SEGEMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBER 11 THROUGH 107 INCLUSIVE): POINT NUMBER 11, NORTHING 723456.97, EASTING 505803.24 POINT NUMBER 12, NORTHING 723343.69, EASTING 505794.53 POINT NUMBER 13, NORTHING 722818.37, EASTING 505940.99 POINT NUMBER 14, NORTHING 722805.79, EASTING 505900.91 POINT NUMBER 15, NORTHING 722790.98, EASTING 505905.32 POINT NUMBER 16, NORTHING 721395.56, EASTING 506304.78 POINT NUMBER 17, NORTHING 720754.42, EASTING 506495.37 POINT NUMBER 18, NORTHING 720744.19, EASTING 506485.88 POINT NUMBER 19, NORTHING 720738.29, EASTING 506476.77 POINT NUMBER 20, NORTHING 720733.37, EASTING 506469.00 POINT NUMBER 21, NORTHING 720726.50, EASTING 506467.21 POINT NUMBER 22, NORTHING 720581.62, EASTING 506468.06 POINT NUMBER 23, NORTHING 720377.09, EASTING 506558.20 POINT NUMBER 24, NORTHING 720365.21, EASTING 506563.26 POINT NUMBER 25, NORTHING 720334.55, EASTING 506574.68 POINT NUMBER 26, NORTHING 720303.21, EASTING 506584.07 POINT NUMBER 27, NORTHING 720271.33, EASTING 506591.39 POINT NUMBER 28, NORTHING 720239.03, EASTING 506596.61 POINT NUMBER 29, NORTHING 720237.25, EASTING 506596.84 POINT NUMBER 30, NORTHING 719987.00, EASTING 506628.01 POINT NUMBER 31, NORTHING 719967.71, EASTING 506629.81 POINT NUMBER 32, NORTHING 719970.17, EASTING 506623.25 POINT NUMBER 33, NORTHING 719972.07, EASTING 506613.09 POINT NUMBER 34, NORTHING 719975.88, EASTING 506599.76 POINT NUMBER 35, NORTHING 719977.79, EASTING 506585.80 POINT NUMBER 36, NORTHING 719979.06, EASTING 506571.20 POINT NUMBER 37, NORTHING 719979.06, EASTING 506536.93 POINT NUMBER 38, NORTHING 719977.15, EASTING 506521.70 POINT NUMBER 39, NORTHING 719974.61, EASTING 506495.04 POINT NUMBER 40, NORTHING 719973.34, EASTING 506469.02 POINT NUMBER 41, NORTHING 719970.80, EASTING 506437.28 POINT NUMBER 42, NORTHING 719970.80, EASTING 506408.72 POINT NUMBER 43, NORTHING 719970.17, EASTING 506385.88 POINT NUMBER 44, NORTHING 719968.90, EASTING 506373.18 POINT NUMBER 45, NORTHING 719965.09, EASTING 506355.41 7128/2WO& 165933 Var. 011- JCSOTTY n.H 3 03312 -SO4 -040- VWRK- 28783 Agenda Item No. 17D February 13, 2007 Page 37 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 3 OF 6 POINT NUMBER 46, NORTHING 719961.92, EASTING 506339.54 POINT NUMBER 47, NORTHING 719953.03, EASTING 506296.38 POINT NUMBER 48, NORTHING 719951.13, EASTING 506279.88 POINT NUMBER 49, NORTHING 719949.86, EASTING 506265.29 POINT NUMBER 50, NORTHING 719948.59, EASTING 506249.42 POINT NUMBER 51, NORTHING 719947.32, EASTING 506228.47 POINT NUMBER 52, NORTHING 719945.42, EASTING 506206.89 POINT NUMBER 53, NORTHING 719945.42, EASTING 506190.39 POINT NUMBER 54, NORTHING 719945.98, EASTING 506178.11 POINT NUMBER 55, NORTHING 719945.34, EASTING 506167.79 POINT NUMBER 56, NORTHING 719946.63, EASTING 506147.79 POINT NUMBER 57, NORTHING 719950.87, EASTING 506131.96 POINT NUMBER 58, NORTHING 719945.00, EASTING 506017.93 POINT NUMBER 59, NORTHING 719902.95, EASTING 505907.81 POINT NUMBER 60, NORTHING 719945.00, EASTING 505784.48 POINT NUMBER 61, NORTHING 719966.44, EASTING 505656.35 POINT NUMBER 62, NORTHING 719949.01, EASTING 505576.68 POINT NUMBER 63, NORTHING 719904.20, EASTING 505490.79 POINT NUMBER 64, NORTHING 719823.28, EASTING 505388.71 POINT NUMBER 65, NORTHING 719725.81, EASTING 505079.48 POINT NUMBER 66, NORTHING 719691.35, EASTING 505072.71 POINT NUMBER 67, NORTHING 719647.04, EASTING 505041.85 POINT NUMBER 68, NORTHING 719396.80, EASTING 504764.63 POINT NUMBER 69, NORTHING 719318.02, EASTING 504713.24 POINT NUMBER 70, NORTHING 719208.91, EASTING 504699.61 POINT NUMBER 71, NORTHING 719133.42, EASTING 504696.12 POINT NUMBER 72, NORTHING 719037.42, EASTING 504723.50 POINT NUMBER 73, NORTHING 718975.88, EASTING 504785.14 POINT NUMBER 74, NORTHING 718934.86, EASTING 504860.42 POINT NUMBER 75, NORTHING 718887.27, EASTING 504891.29 POINT NUMBER 76, NORTHING 718825.74, EASTING 504891.29 POINT NUMBER 77, NORTHING 718671.23, EASTING 504868.22 POINT NUMBER 78, NORTHING 718592.63, EASTING 504856.90 POINT NUMBER 79, NORTHING 718355.31, EASTING 504821.05 POINT NUMBER 80, NORTHING 718298.16, EASTING 504812.52 POINT NUMBER 81, NORTHING 718260.17, EASTING 504828.70 POINT NUMBER 82, NORTHING 718033.21, EASTING 505353.86 POINT NUMBER 83, NORTHING 717829.05, EASTING 505376.26 POINT NUMBER 84, NORTHING 717649.80, EASTING 505408.63 POINT NUMBER 85, NORTHING 717553.94, EASTING 505436.02 POINT NUMBER 86, NORTHING 717469.90, EASTING 505465.89 POINT NUMBER 87, NORTHING 717360.99, EASTING 505556.77 POINT NUMBER 88, NORTHING 717217.84, EASTING 505708.64 POINT NUMBER 89, NORTHING 717099.58, EASTING 505775.86 712612006- 165933 Ver 011 JCSOTTY cnnas 03312 -SO4 -046 VWRK- 28783 Agenda Item No. 17D February 13, 2007 Page 38 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 4 OF 6 POINT NUMBER 90, NORTHING 716886.29, EASTING 505824.67 POINT NUMBER 91, NORTHING 716456.16, EASTING 505882.53 POINT NUMBER 92, NORTHING 716046.45, EASTING 505838.10 POINT NUMBER 93, NORTHING 716025.28, EASTING 505737.27 POINT NUMBER 94, NORTHING 715969.27, EASTING 505607.80 POINT NUMBER 95, NORTHING 715741.26, EASTING 505392.54 POINT NUMBER 96, NORTHING 714317.20, EASTING 505391.85 POINT NUMBER 97, NORTHING 714320.97, EASTING 505754.99 POINT NUMBER 98, NORTHING 714274.43, EASTING 505779.31 POINT NUMBER 99, NORTHING 714234.96, EASTING 505802.82 POINT NUMBER 100, NORTHING 713763.55, EASTING 506100.38 POINT NUMBER 101, NORTHING 713721.48, EASTING 506125.22 POINT NUMBER 102, NORTHING 713673.87, EASTING 506149.50 POINT NUMBER 103, NORTHING 713673.87, EASTING 505923.61 POINT NUMBER 104, NORTHING 713388.86, EASTING 505923.61 POINT NUMBER 105, NORTHING 713388.86, EASTING 506225.18 POINT NUMBER 106, NORTHING 713364.22, EASTING 506226.78 POINT NUMBER 107, NORTHING 713338.18, EASTING 506227.68; THENCE SOUTH 01 003'33" EAST 343.73 FEET TO A POINT ON A LINE 100 FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF OIL WELL ROAD (100 FOOT RIGHT OF WAY) (POINT NUMBER 108, NORTHING 712994.51, EASTING 506234.03); THENCE ALONG SAID LINE SOUTH 88056'28 WEST 2181.07 FEET (POINT NUMBER 109, NORTHING 712954.20, EASTING 504053.33); THENCE SOUTH 89 044'55" WEST 2678.32 FEET TO THE POINT OF BEGINNING. CONTAINING 789.40 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING SOUTH 88 °56'28" WEST. ~� 7!2 &2008 - 105933 Ver 011- JCSOTTY Ai J3312 -SO4- 040 - V W RK- 28783 Agenda Item No. 17D February 13, 2007 Page 39 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 5 OF 6 SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING SOUTH 88 °56'28" WEST. STATEMENT OF DEFINITION, ACCURACY AND COORDINATE BASIS 1. DEFINITION: A. THE EXTERIOR BOUNDS OF S.S.A. 9 ARE BASED ON STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "A "(REFERENCE WILSONMILLER DRAWING NUMBER 1H -21). 2. ACCURACY: A. THESE LINES ARE BASED ON INTERPRETATIONS FROM AERIAL PHOTOGRAPHS HAVING THE FOLLOWING PARAMETERS: 1. DATE OF PHOTOGRAPHY: 4/23/03 2. NEGATIVE SCALE: 1:36000 3. PIXEL DIAMETER: 2.5' 4. TARGET SCALE: 1"=500' 5. SCALE NOT TO EXCEED 1 " =500'. 6. THIS IMAGERY HAS NOT BEEN ORTHO CORRECTED IN ORDER TO MEET MINIMUM TECHNICAL STANDARDS OR NATIONAL MAP ACCURACY STANDARDS. 7. VERTICAL ELEVATION CHANGES WILL CAUSE HORIZONTAL DISPLACEMENT. EVERY EFFORT HAS BEEN MADE TO MINIMIZE THIS EFFECT FOR CRITICAL FEATURES. 8. IN AREAS WHERE TALL STRUCTURES OR TREES LEAN TO OBSTRUCT FEATURES, EXPOSURES WERE MOSAICKED IN AN EFFORT TO MINIMIZE THE EFFECT. 9. THIS PRODUCT IS SIMILAR IN ACCURACY TO RECTIFIED ENLARGEMENTS, EXCEPT PROVIDED IN A DIGITAL FORMAT. B. BASED ON THESE PARAMETERS, THE LINES DEPICTED IN THIS DIGITAL FILE HAVE AN ESTIMATED POSITIONAL ACCURACY OF +/- 20 FEET. C. MINOR DIFFERENCES IN POSITION AND ACREAGE BETWEEN THIS DESCRIPTION AND OTHER FORMATS CAN BE ATTRIBUTED TO COORDINATE PROJECTION AND SOFTWARE ACCURACY PARAMETERS. 3. COORDINATE BASIS: 71261200& 165933 Vec 011- JCSOTTY CAU3 03312 -SO4 -044 VWRK- 28783 6— IrMsOnuiller" 'v Now Directions In Plann0p, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 46 SOUTH. RANGE 29 EAST AND SECTIONS 7AND IS TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY. FLORIDA SHEET60F6 Agenda Item No. 17D February 13, 2007 Page 40 of 151 THE LINES DEPICTED HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83, GRS80, US SURVEY FEET. BY .... DATE �%6-100r ......... BRADLEY E. STOCIKHAM, P.S.M. PSM-#6390 WILSONMILLEP, INC. REGISTERED ENGINEERS AND LAND SURVEYORS. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A PROFESSIONAL SURVEYOR AND MAPPER. ' REFERENCE WILSONMILLER DRAWING NUMBER I H-21.Sl. 00- 1 esm vvr.0V-=0Try a Z-80"4aVWRK-287W ' v February 13, 2007 1 T -48 —S 6 Page 41 f 151 PREPARED BY: J B. C. 1. O.R. BOOK 2493 w PAGE 2779 BRADLEY E. STO HAM, P.S.M. L.S. #6390 DATE N89'S1'32 "E N89'00'09'E a: 1993.62' 1106.06' B.C.I. O.R. BOOK 2493 PAGE 2779- 8 9 2796 11 12 13 1 / IJI V OD V rn 1p B.C.P. O.R. BOOK 2009 PAGE 49 1546 -1553 31 61 58 64 65 12 70 0 774 76 / 78 7 _ S8924'S6 W 82 63 e 84 i 86 y 88 '. C.D.C. O.R. 0 1537 m PAGE 749 90 90 O N 13 B.C.P. II 92 18 O.R. BOOK 1900 V PAGE 179 -184 N89'32'26'E 95 4 W J U N v b 97 P'OA toz 379 105 28 "E p 150.02' W /)67a. 0 109 589'44'55 "W Ott WELL ROAD 2676.91' 100' (100' RIGHT -OF -WAY) 1/4 CORNE 2 PAQ � � SECTION COR. SE CORNER OF GENERAL NOTES: SECTION 13 1. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS ABBREVIATIONS: OTHERWISE NOTED. O.R. = OFFICIAL RECORD BOOK 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED C.E. m COLLIER ENTERPRISES, LTD SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. B.C.I. . BARRON COLLIER INVESTMENTS LTD 3. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA B.C.P. = BARRON COLLIER PARTNERSHIP R.D.W = RIGHT OF WAY BENZ SOUTH 8AUTH $ WEST. COMMENCEMENT 4, CERTIFICATE OF AUTHORIZATION ALB -43 P O.B. POINT OF BEGINNING C.D.C. a COLLIER DEVELOPMENT CORPORATION 5. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF 6. RECORD. THIS SKETCH MAY HAVE BEEN REDUCED. D 500 1000 2000 4000 7. SEE ATTACHED FOR LEGAL DESCRIPTION GRAPHIC SCALE B. POINTS ARE SEQUENTIAL AND LIBELED INCREMENTALLY. PARCEL DESCRIBED SSA# 9 INTERMEDIATE POINT LABELS ARE OMITTED FOR CLARITY. 789,40 ACRES 9. REFERENCE WILSONMILLER PCDOCS NUMBER 165933 FOR DESCRIPTION * * NOT A SURVEY 10. SEE SHEET 5 FOR COORDINATE TABLE. Jul 26, 2006 - 08:06:25 JCSOTTYIx: \SUR \03312\SSA 9 \IH- 21.d.g Iwr< - Auiumw CLIENT: @ArjM COLM g&ISTJIM & @MUM CKXM TITLE: $ICETCN OF DFIPTiON OF PART OF V, SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 FAST AND SECTIONS 7 TOWNSHIP Pi1/Yllft • • —Y— • LNIUlceM Md1? SCh • T,&wM Wm C. a f. AND 18. 48 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA Inc. M0Aft ATE: PROJECT NO.: SHEET NUMBER: FILE NO.: - T anch -Web91 0 013s7eYLena&A -aX• Haid494105 ->!. -R10n►2 •AD4i7 2'i1}sa3716 *mvilownkr.«m 3/06 L 03312 -PO4- 000 -21000 1 OF 5 1N -21S1 Agenda Item No. 17D February 13, 2007 P q POINT POINT POINT POINT NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING FASTING NUMBER NORTHING EASTING 1 772804.21 504055.04 700 713763.55 506100.38 200 721697.38 504609.31 300 714473.04 504493.69 2 712792.47 501378.16 101 773727.48 506125.22 201 721740.11 504362.17 301 714409.24 504475.31 3 712942.46 501375.04 102 773673.87 506149.50 202 721768.82 504339.41 302 714404.45 504465.04 4 715479.80 501322.29 103 713673.87 505923.61 203 721772.62 504340.16 303 714370.65 504408.84 5 715493.38 503014.91 104 773388.86 505923.61 204 721790.07 504343.61 305 714267.04 504315.95 6 718180.95 502959.36 105 713388.86 506225.18 205 721818 -06 504349.75 306 714257.32 504309.09 7 718179.40 502807.73 106 713364.22 506226.78 206 721818.06 504349.15 307 714247.05 504304.30 8 723566.61 502737,98 107 713338.18 506227.68 207 721893.36 504360.09 312 713161.51 504346.51 9 723585.87 503843.87 108 712994.57 506234.03 208 722019.89 504378.48 313 713146.75 504356.10 10 723590.77 505837.49 109 712954.20 504053.33 209 722019.92 504378.48 314 713131.64 504373.40 11 723456.97 505803.24 110 712942.46 501375.04 210 722029.68 504378.88 315 713107.70 504421.36 12 723343.69 505794.53 113 718230.06 504798.88 211 722107.73 504381.77 316 713088.01 50448 1. 41 13 722818.37 505940.99 114 718218.48 504794.36 212 722176.61 504381.77 319 713112.75 505386.07 t4 712805.79 505900.91 115 718766.80 504783.17 213 722267.00 504361.58 322 713672.21 503928.26 15 722790.98 505905.32 116 718125.04 504773.66 214 712322.66 504349.15 323 713378.57 5OJ922.10 16 711395.56 506304.78 117 718125.04 504773.66 215 722385.82 504325.47 324 7133 14.4 1 503922.10 17 720754.42 506495.37 118 718125.04 504773.66 216 722426.86 504310.07 325 713279.87 503915.93 18 720744.19 506485.B8 119 718048.06 504779.32 277 722524.49 504257.97 326 713267.53 503890.02 19 720738.29 506476.77 120 717960.12 504657.25 278 722524.49 504257.97 327 713270.00 503832.03 20 720733.37 506469.00 121 717936.82 504638.02 219 722547.47 504222.18 328 713282.33 503704.95 21 720726.50 506467.21 122 717781.90 504510.25 220 722557.31 504140.75 329 713290.97 503664.24 22 720581.62 506468.06 123 717679.52 504425.77 221 712557.31 504140.75 330 713300.84 503644.49 23 720377.09 506558.20 124 717671.15 504390.75 222 722556.95 504138.04 337 713320.58 503635.86 24 720365.21 506563.26 125 777670.77 504388.19 22J 722555.39 504733.23 332 713371.16 503632.16 25 720334.55 506574.68 126 717655.26 504378.50 224 722550.58 504118.40 333 713536.49 503633.39 26 720303.21 506584.07 127 777655.26 504378.49 225 722550.58 504118.40 334 713578.24 503626.62 27 720271.33 506591.39 128 777679.52 504769.46 226 722546.29 504102.46 335 713602.00 503632.99 28 720239.03 506596.67 129 717759.41 504041.67 227 7225JB.32 504072.86 336 713602.00 503632.99 29 720237.25 506596.84 730 717776.06 504015.03 228 722532.35 504050.72 337 713606.05 503632.94 30 719987.00 50662801 131 717786.80 503997.84 229 722519.34 504029.89 338 713626.74 503636.64 31 719967.71 506629.81 132 717786.80 503997.84 230 722490.71 503972.62 339 71364789 503637.77 32 719970.17 506623.25 133 718189.02 503995.09 237 722475.09 503930.97 340 713676.08 503639.46 33 719972.07 506613.09 134 718392.92 503995.20 232 722467.28 503881.51 341 713771.17 503641.71 34 779975.88 506599.76 135 718855.57 503995.43 233 722472.48 503852.87 342 713752.49 503641.43 35 719977.79 506585.80 136 719127.58 503995.57 234 722495.91 503839.86 343 713775.62 503641.71 36 719979.06 506577.20 137 719127.71 503995.57 235 722515.96 503837.63 344 713778.78 503541.08 37 719979.06 506536.93 138 719440.56 503995.72 236 722519.34 503837.25 345 713782.01 503643.26 38 779977.15 506521.70 139 719615.64 503995.81 237 722673.06 503837.25 346 713805.45 503640.79 39 719974.61 506495.04 140 719864.49 503995.93 238 722660.67 503835.22 347 713831.36 503638.33 40 779973.34 506469.02 141 719904.63 504110.84 239 722757.64 503831.08 348 713865.91 503637.09 41 719970.80 506437.28 142 719948.81 504237.24 24D 722833.45 503827.84 349 713886.88 503629.69 42 779970.80 506408.72 143 719949.26 504238.54 241 722917.63 503824.24 350 713905.39 503622.29 43 719970.17 506385.88 144 719949.26 504238.54 242 723045.27 503879.77 351 713923.90 503621.05 44 779958.90 506373.78 145 719949.26 504238.54 243 723120.00 503877.06 352 773946.11 503623.52 45 719965.09 506355.47 146 719949.26 504238.54 244 723284.68 503811.22 353 713972.01 503625.99 46 779961.92 506339.54 147 71994729 504264.72 245 723423.63 503809.39 354 713995.46 503632.16 47 779953.03 506296.38 148 719948.31 504270.58 246 723482.53 503808.62 355 714017.66 503632.16 48 779957.13 506279.88 149 719950.39 504282.50 247 723565.93 503802.54 356 714039.87 503627.22 49 719949.86 506265.29 150 719955.80 504308.79 248 723582.56 503801.95 357 774079.35 503627.22 50 719948.59 506249.42 151 719960.90 504333.OJ 249 723585.14 503807.86 358 774097.69 503644.49 51 719947.32 506228.47 152 719961.98 504338.78 253 712954.19 504051.23 359 714099.09 503665.47 52 719945.42 506206.89 153 719966.62 504359.83 254 712947.89 502613.35 360 774107.56 503692.61 53 719945.42 506190.39 154 779967.75 504368.63 255 714152.79 502586.86 361 714106.50 503735.79 54 779945.98 506178.11 155 719970.49 504389.99 256 714324.00 502528.47 361 714108.96 503771.57 55 719945.34 506167.79 756 719972.04 504408.55 257 714688.63 502520.57 363 714110.20 503801.18 56 719946.63 506147.79 157 719973.58 504428.65 258 774896.54 502817,71 354 714105.26 503854.24 57 719950.87 50613 1. 96 758 779974.47 504438.19 259 714958.93 503139.76 365 714107.26 503893.23 58 719945.00 506017.93 159 779975.13 504446.44 260 715248.26 503399.49 366 774089.22 503924.56 59 719902.95 505907.81 750 779977.20 504457.06 261 715418.12 503432.49 367 714011.50 503930.73 60 719945.00 505784.48 767 779980.54 504474.27 262 715505.05 503787.69 368 773828.90 503929.50 61 719966.44 505656.35 162 719982.74 504486.01 263 715532.10 503982.77 369 773674.86 504033.00 62 719949.07 505576.68 163 719985.18 504499.02 264 715632.38 504273.11 370 712978.70 505377.38 63 719904.20 505490.79 164 719989.05 504529.18 265 775650.42 504380.01 371 713113.83 505376.97 64 719823.28 505388.71 765 719989.82 504557.79 266 715466.94 504980.23 372 773086.61 504570.21 65 719725.81 505079.48 166 719989.82 504584.85 267 715479.68 505039.00 373 713241.90 504316.43 66 719691.35 505072.77 167 779989.82 504617.33 268 715572.70 505175.03 374 713627.38 504243.10 67 719647.04 505041.85 166 779992.74 504655.22 269 775777.35 505309.42 375 713932.97 504245.04 68 719396.60 504764.63 169 719997.56 504683.05 270 715716.99 505392.53 376 714234.99 504306.49 69 779378.02 504713.24 170 720002.20 504713.99 272 774103.96 505387.63 377 714407.96 504514.25 70 719208.91 504699.61 171 720005.00 504736.97 273 714088.51 505387.27 378 714415.51 504921.60 71 779133.42 504696.12 172 720006.06 504745.70 274 714081.15 50537730 379 714334.90 505034.30 72 719037.42 504723.50 173 720008.41 504754.92 275 714074.08 505372.83 380 714082.77 505175.23 73 778975.88 504785.14 174 720077.54 504790.84 276 714064.11 505365.23 381 714047.87 505771.28 74 778934.86 504860.42 175 720020.36 504846.78 277 714057.36 505359.05 382 714041.74 505392.70 75 778887.27 504897.29 776 720023.65 504922.06 278 774058.09 505337.04 383 712954.19 504051.25 76 718825.74 504691.29 777 779777.51 505048.72 279 714057.14 505323.59 384 712804.21 504055.04 77 778677.23 504868.22 178 779749.32 505065.49 281 714038.44 505272.68 385 723585.87 503843.87 78 718592.63 504856.90 779 723588.01 504714.23 282 714033.64 505208.16 387 713674.86 504033.00 79 718355.31 504821.05 180 723570.28 504715.04 283 714034.84 505122.69 388 718790.86 503931.79 80 718298.16 504812.52 781 723563.24 504777.14 265 714065.60 505102.11 81 718260.17 504828.70 782 723527.96 504743.19 286 714090.62 505094.70 82 718033.21 505353.86 783 723427.03 504762.77 288 714179.83 505087.11 83 717829.05 505376.26 184 723260.48 504860,42 289 714203.06 505083.85 84 717649.80 505408.63 185 723219.22 504884.74 290 714251.86 505070.09 85 717553.94 505436.02 186 723133.30 504935.39 291 714286.65 505064.07 86 717469.90 505465.89 787 723088.17 504977.64 292 714300.57 505060.02 87 717360.99 505556.77- 188 723023.35 505000.52 294 714367.43 505026.84 88 777217.84 505708.64 189 722967.56 505006.97 295 774383.24 505013.21 89 717099.58 505775.86 190 722634.05 505032.86 296 714405.37 504976.38 90 716886.29 505824.67 191 722631.97 505033.02 297 714412.85 504955.59 91 716456.76 505882.53 192 722309.52 505225.23 299 714417.56 504571.59 92 716046.45 505838.10 793 722279.05 505195.76 93 716025.28 505737.27 194 722007.85 505126.98 94 715969.27 50560780 195 721629.41 505003.29 95 715741.26 505392.54 196 721645.99 504906.49 SEE SHEETS 1 -4 FOR SIGNATURE AND NOTES. 96 714377.20 505391.85 197 721667.22 504818.41 COORDINATE TABLE 97 714320.97 505754.99 198 721671.35 504759.83 98 714274.43 505779.31 199 721685.79 504679.76 * * NOT A SURVEY 99 714234.96 505802.82 Jul 26, 2006 - 08:08:25 JCSOTTYPL \SUR\03312\SS1 9 \1H- 21.dwg CLIENT: OOLM �+ & P� RSW TITLE: SKETCH OF DES(RFP OAS OH, PIGS wfis&milief SECTIONS 12 AND 13, TOWNSHIP 48 S 2 48 SOUTH, RANGE 28 EAST ' AND SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST Pkwn • &oins 8 • 9 &jys m • LavkClpO Aq*bcb • 11'UwpIrUft Ckvwjbw Ar COLLIER COUNTY, FLORIDA ha GATE: PROJECT NO.: SHEET NUMBER: FILE NO.: 3W9AWLwwaj 0-M- � 3/06 03312 000 1H -21S1 2W -NFwAm Fb7m1d13905.O 7•A1mr gTO6 W1 Iwruimmbmn -PO4- -21000 5 OF 5 FSA TSA rt Niche to 1, L"'1 i h1. S Cl i I S SSA 9 - CREDIT' AGREEMENT C-) EXHIBIT C: RETAINED LAND USES wilsonmiller jut , j ii 77-P� 1, L"'1 i h1. S Cl i I S SSA 9 - CREDIT' AGREEMENT C-) EXHIBIT C: RETAINED LAND USES wilsonmiller r� T f t iv` ei y t , { 1 1 < G E I AL N O -1 L CREDIT AGREEMENT tyilsvnMi/Ier EXHIBIT D - RESTORATION AREAS" i Agenda Item No. 17D February 13, 2007 Page 46 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 28 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA. (SSA9 — RESTORATION PARCELS) ALL THAT PART OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST AND SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "A" BEGINNING AT THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (POINT NUMBER 9, NORTHING 723585.87, EASTING 503843.88) THENCE ALONG THE NORTH LINE OF SAID SECTION 7 SOUTH 89 051'32" EAST 870.36 FEET (TO POINT NUMBER 179, NORTHING 723588.01, EASTING 504714.23); THENCE LEAVING SAID NORTH LINE OF SECTION 7 IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBERS 180 THROUGH 249 INCLUSIVE) POINT NUMBER 180, NORTHING 723570.28, EASTING 504715.04 POINT NUMBER 181, NORTHING 723563.24, EASTING 504717.14 POINT NUMBER 182, NORTHING 723527.96, EASTING 504743.19 POINT NUMBER 183, NORTHING 723427.03, EASTING 504762.77 POINT NUMBER 184, NORTHING 723260.48, EASTING 504860.42 POINT NUMBER 185, NORTHING 723219.22, EASTING 504884.74 POINT NUMBER 186, NORTHING 723133.30, EASTING 504935.39 POINT NUMBER 187, NORTHING 723088.17, EASTING 504977.64 POINT NUMBER 188, NORTHING 723023.35, EASTING 505000.52 POINT NUMBER 189, NORTHING 722967.56, EASTING 505006.97 POINT NUMBER 190, NORTHING 722634.05, EASTING 505032.86 POINT NUMBER 191, NORTHING 722631.97, EASTING 505033.02 POINT NUMBER 192, NORTHING 722309.52, EASTING 505225.23 POINT NUMBER 193, NORTHING 722219.05, EASTING 505195.76 POINT NUMBER 194, NORTHING 722007.86, EASTING 505126.98 POINT NUMBER 195, NORTHING 721629.41, EASTING 505003.29 POINT NUMBER 196, NORTHING 721645.99, EASTING 504906.49 POINT NUMBER 197, NORTHING 721661.22, EASTING 504818.41 POINT NUMBER 198, NORTHING 721671.35, EASTING 504759.83 POINT NUMBER 199, NORTHING 721685.19, EASTING 504679.76 POINT NUMBER 200, NORTHING 721697.38, EASTING 504609.31 91812006 176806 V- 011- BSTOCKHA ✓ "3 03312- 000-000- - 0 Agenda Item No. 17D February 13, 2007 Page 47 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 2 OF 10 POINT NUMBER 201, NORTHING 721740.11, EASTING 504362.17 POINT NUMBER 202, NORTHING 721768.82, EASTING 504339.41 POINT NUMBER 203, NORTHING 721772.62, EASTING 504340.16 POINT NUMBER 204, NORTHING 721790.07, EASTING 504343.61 POINT NUMBER 205, NORTHING 721818.06, EASTING 504349.15 POINT NUMBER 206, NORTHING 721818.06, EASTING 504349.15 POINT NUMBER 207, NORTHING 721893.36, EASTING 504360.09 POINT NUMBER 208, NORTHING 722019.89, EASTING 504378.48 POINT NUMBER 209, NORTHING 722019.92, EASTING 504378.48 POINT NUMBER 210, NORTHING 722029.68, EASTING 504378.88 POINT NUMBER 211, NORTHING 722101.13, EASTING 504381.77 POINT NUMBER 212, NORTHING 722176.61, EASTING 504381.77 POINT NUMBER 213, NORTHING 722267.00, EASTING 504361.58 POINT NUMBER 214, NORTHING 722322.66, EASTING 504349.15 POINT NUMBER 215, NORTHING 722385.82, EASTING 504325.47 POINT NUMBER 216, NORTHING 722426.86, EASTING 504310.07 POINT NUMBER 217, NORTHING 722524.49, EASTING 504257.97 POINT NUMBER 218, NORTHING 722524.49, EASTING 504257.97 POINT NUMBER 219, NORTHING 722547.47, EASTING 504222.18 POINT NUMBER 220, NORTHING 722557.31, EASTING 504140.75 POINT NUMBER 221, NORTHING 722557.31, EASTING 504140.75 POINT NUMBER 222, NORTHING 722556.95, EASTING 504138.04 POINT NUMBER 223, NORTHING 722555.39, EASTING 504133.23 POINT NUMBER 224, NORTHING 722550.58, EASTING 504118.40 POINT NUMBER 225, NORTHING 722550.58, EASTING 504118.40 POINT NUMBER 226, NORTHING 722546.29, EASTING 504102.46 POINT NUMBER 227, NORTHING 722538.32, EASTING 504072.86 POINT NUMBER 228, NORTHING 722532.35, EASTING 504050.72 POINT NUMBER 229, NORTHING 722519.34, EASTING 504029.89 POINT NUMBER 230, NORTHING 722490.71, EASTING 503972.62 POINT NUMBER 231, NORTHING 722475.09, EASTING 503930.97 POINT NUMBER 232, NORTHING 722467.28, EASTING 503881.51 POINT NUMBER 233, NORTHING 722472.48, EASTING 503852.87 POINT NUMBER 234, NORTHING 722495.91, EASTING 503839.86 POINT NUMBER 235, NORTHING 722515.96, EASTING 503837.63 POINT NUMBER 236, NORTHING 722519.34, EASTING 503837.25 POINT NUMBER 237, NORTHING 722613.06, EASTING 503837.25 POINT NUMBER 238, NORTHING 722660.61, EASTING 503835.22 POINT NUMBER 239, NORTHING 722757.64, EASTING 503831.08 POINT NUMBER 240, NORTHING 722833.45, EASTING 503827.84 POINT NUMBER 241, NORTHING 722917.63, EASTING 503824.24 POINT NUMBER 242, NORTHING 723045.27, EASTING 503819.71 POINT NUMBER 243, NORTHING 723120.00, EASTING 503817.06 POINT NUMBER 244, NORTHING 723284.68, EASTING 503811.22 918/2006 178888 Ver: 011- BSTOCKHA CAA 03312 - 000 -000 -- 0 Agenda Item No. 17D February 13, 2007 Page 48 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 3 OF 10 POINT NUMBER 245, NORTHING 723423.63, EASTING 503809.39 POINT NUMBER 246, NORTHING 723482.53, EASTING 503808.62 POINT NUMBER 247, NORTHING 723565.93, EASTING 503802.54 POINT NUMBER 248, NORTHING 723582.56, EASTING 503801.95; POINT NUMBER 249, NORTHING 723585.14, EASTING 503801.86, SAID POINT BEING ON THE NORTH LINE OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 28 EAST. THENCE ALONG THE NORTH LINE OF SAID SECTION 12 NORTH 89 000'10" EAST 42.02 FEET TO THE POINT OF BEGINNING OF THE PARCEL HERE IN DESCRIBED. CONTAINING 42.20 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL "B" COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7,TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (POINT NUMBER 388, NORTHING 718190.86, EASTING 503931.19); THENCE ALONG THE SOUTH LINE OF SECTION 7 NORTH 88 026'43" EAST 883.92 FEET; THENCE LEAVING SAID LINE NORTH 01 033'17" WEST 83.34 FEET TO THE POINT OF BEGINNING (POINT NUMBER 80, NORTHING 718298.16, EASTING 504812.52); THENCE CONTINUING IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINTS NUMBERS 113 THROUGH 178 INCUSIVE): POINT NUMBER 113, NORTHING 718230.06, EASTING 504798.88 POINT NUMBER 114, NORTHING 718218.48, EASTING 504794.36 POINT NUMBER 115, NORTHING 718166.80, EASTING 504783.17 POINT NUMBER 116, NORTHING 718125.04, EASTING 504773.66 POINT NUMBER 117, NORTHING 718125.04, EASTING 504773.66 POINT NUMBER 118, NORTHING 718125.04, EASTING 504773.66 POINT NUMBER 119, NORTHING 718048.06, EASTING 504719.32 POINT NUMBER 120, NORTHING 717960.12, EASTING 504657.25 POINT NUMBER 121, NORTHING 717936.82, EASTING 504638.02 POINT NUMBER 122, NORTHING 717781.90, EASTING 504510.25 POINT NUMBER 123, NORTHING 717679.52, EASTING 504425.77 POINT NUMBER 124, NORTHING 717671.15, EASTING 504390.15 POINT NUMBER 125, NORTHING 717670.71, EASTING 504388.19 POINT NUMBER 126, NORTHING 717655.26, EASTING 504318.50 POINT NUMBER 127, NORTHING 717655.26, EASTING 504318.49 POINT NUMBER 128, NORTHING 717679.52, EASTING 504169.46 POINT NUMBER 129, NORTHING 717759.41, EASTING 504041.67 POINT NUMBER 130, NORTHING 717776.06, EASTING 504015.03 POINT NUMBER 131, NORTHING 717786.80, EASTING 503997.84 POINT NUMBER 132, NORTHING 717786.80, EASTING 503997.84 9/8/2008- 178888 Vec 011- BSTOCKHA 1W J3312- 000 -000- - 0 Agenda Item No. 17D February 13, 2007 Page 49 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 4 OF 10 POINT NUMBER 133, NORTHING 718189.02, EASTING 503995.09 POINT NUMBER 134, NORTHING 718392.92, EASTING 503995.20 POINT NUMBER 135, NORTHING 718855.57, EASTING 503995.43 POINT NUMBER 136, NORTHING 719127.58, EASTING 503995.57 POINT NUMBER 137, NORTHING 719127.71, EASTING 503995.57 POINT NUMBER 138, NORTHING 719440.56, EASTING 503995.72 POINT NUMBER 139, NORTHING 719615.64, EASTING 503995.81 POINT NUMBER 140, NORTHING 719864.49, EASTING 503995.93 POINT NUMBER 141, NORTHING 719904.63, EASTING 504110.84 POINT NUMBER 142, NORTHING 719948.81, EASTING 504237.24 POINT NUMBER 143, NORTHING 719949.26, EASTING 504238.54 POINT NUMBER 144, NORTHING 719949.26, EASTING 504238.54 POINT NUMBER 145, NORTHING 719949.26, EASTING 504238.54 POINT NUMBER 146, NORTHING 719949.26, EASTING 504238.54 POINT NUMBER 147, NORTHING 719947.29, EASTING 504264.72 POINT NUMBER 148, NORTHING 719948.31, EASTING 504270.58 POINT NUMBER 149, NORTHING 719950.39, EASTING 504282.50 POINT NUMBER 150, NORTHING 719955.80, EASTING 504308.79 POINT NUMBER 151, NORTHING 719960.90, EASTING 504333.03 POINT NUMBER 152, NORTHING 719961.98, EASTING 504338.18 POINT NUMBER 153, NORTHING 719966.62, EASTING 504359.83 POINT NUMBER 154, NORTHING 719967.75, EASTING 504368.63 POINT NUMBER 155, NORTHING 719970.49, EASTING 504389.99 POINT NUMBER 156, NORTHING 719972.04, EASTING 504408.55 POINT NUMBER 157, NORTHING 719973.58, EASTING 504428.65 POINT NUMBER 158, NORTHING 719974.41, EASTING 504438.19 POINT NUMBER 159, NORTHING 719975.13, EASTING 504446.44 POINT NUMBER 160, NORTHING 719977.20, EASTING 504457.06 POINT NUMBER 161, NORTHING 719980.54, EASTING 504474.27 POINT NUMBER 162, NORTHING 719982.74, EASTING 504486.01 POINT NUMBER 163, NORTHING 719985.18, EASTING 504499.02 POINT NUMBER 164, NORTHING 719989.05, EASTING 504529.18 POINT NUMBER 165, NORTHING 719989.82, EASTING 504557.79 POINT NUMBER 166, NORTHING 719989.82, EASTING 504584.85 POINT NUMBER 167, NORTHING 719989.82, EASTING 504617.33 POINT NUMBER 168, NORTHING 719992.14, EASTING 504655.22 POINT NUMBER 169, NORTHING 719997.56, EASTING 504683.06 POINT NUMBER 170, NORTHING 720002.20, EASTING 504713.99 POINT NUMBER 171, NORTHING 720005.00, EASTING 504736.97 POINT NUMBER 172, NORTHING 720006.06, EASTING 504745.70 POINT NUMBER 173, NORTHING 720008.41, EASTING 504754.92 POINT NUMBER 174, NORTHING 720017.54, EASTING 504790.84 POINT NUMBER 175, NORTHING 720020.36, EASTING 504846.78 POINT NUMBER 176, NORTHING 720023.65, EASTING 504922.06 0/812006- 176666 Ver 01!- BSTOOKHA CA W3 03312 -000 -000 -- 0 Agenda Item No. 17D February 13, 2007 Page 50 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 5 OF 10 POINT NUMBER 177, NORTHING 719777.51, EASTING 505048.72 POINT NUMBER 178, NORTHING 719749.32, EASTING 505065.49 THENCE SOUTH 30 044'52" EAST 27.36 FEET TO POINT NUMBER 65, NORTHING 719725.81, EASTING 505079.48; THENCE IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBERS 66 THROUGH 80 INCLUSIVE) POINT NUMBER 66, NORTHING 719691.35, EASTING 505072.71 POINT NUMBER 67, NORTHING 719647.04, EASTING 505041.85 POINT NUMBER 68, NORTHING 719396.80, EASTING 504764.63 POINT NUMBER 69, NORTHING 719318.02, EASTING 504713.24 POINT NUMBER 70, NORTHING 719208.91, EASTING 504699.61 POINT NUMBER 71, NORTHING 719133.42, EASTING 504696.12 POINT NUMBER 72, NORTHING 719037.42, EASTING 504723.50 POINT NUMBER 73, NORTHING 718975.88, EASTING 504785.14 POINT NUMBER 74, NORTHING 718934.86, EASTING 504860.42 POINT NUMBER 75, NORTHING 718887.27, EASTING 504891.29 POINT NUMBER 76, NORTHING 718825.74, EASTING 504891.29 POINT NUMBER 77, NORTHING 718671.23, EASTING 504868.22 POINT NUMBER 78, NORTHING 718592.63, EASTING 504856.90 POINT NUMBER 79, NORTHING 718355.31, EASTING 504821.05; POINT NUMBER 80, NORTHING 718298.16, EASTING 504812.52, SAID POINT BEING THE POINT OF BEGINNING. CONTAINING 42.45 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL "C" COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (POINT NUMBER 1, NORTHING 712804.21, EASTING 504055.048) THENCE ALONG THE WEST LINE OF SAID SECTION 18, NORTH 01'27'02" WEST, 150.04 FEET TO A POINT ON A LINE 100 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT -OF -WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT - OF -WAY) ALSO BEING THE POINT OF BEGINNING (POINT NUMBER 253, NORTHING 712954.19, EASTING 504051.23); THENCE LEAVING SAID WEST LINE OF SECTION 18 IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBERS 254 THROUGH 270 AND POINT NUMBER 96 INCLUSIVE) POINT NUMBER 254, NORTHING 712947.89, EASTING 502613.35 POINT NUMBER 255, NORTHING 714152.79, EASTING 502586.86 POINT NUMBER 256, NORTHING 714324.00, EASTING 502528.47 POINT NUMBER 257, NORTHING 714688.63, EASTING 502520.57 POINT NUMBER 258, NORTHING 714896.54, EASTING 502817.71 .+., 9/8/2006178888 Ve 01!- BSTOCKHA AR 13312 - 000-000- - 0 Agenda Item No. 17D February 13, 2007 Page 51 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 6 OF 10 POINT NUMBER 259, NORTHING 714958.93, EASTING 503139.76 POINT NUMBER 260, NORTHING 715248.26, EASTING 503399.49 POINT NUMBER 261, NORTHING 715418.12, EASTING 503432.49 POINT NUMBER 262, NORTHING 715505.05, EASTING 503787.69 POINT NUMBER 263, NORTHING 715532.10, EASTING 503982.77 POINT NUMBER 264, NORTHING 715632.38, EASTING 504273.11 POINT NUMBER 265, NORTHING 715650.42, EASTING 504380.01 POINT NUMBER 266, NORTHING 715466.94, EASTING 504980.23 POINT NUMBER 267, NORTHING 715479.68, EASTING 505039.00 POINT NUMBER 268, NORTHING 715572.70, EASTING 505175.03 POINT NUMBER 269, NORTHING 715717.35, EASTING 505309.42 POINT NUMBER 270, NORTHING 715716.99, EASTING 505392.53 POINT NUMBER 96, NORTHING 714317.20, EASTING 505391.86 THENCE THROUGH THE FOLLOWING VERTICES IN STRAIGHT LINE SEGMENTS UNLESS OTHERWISE NOTED: POINT NUMBER 382, NORTHING 714041.74, EASTING 505392.70; POINT NUMBER 381, NORTHING 714041.81, EASTING 505171.28 SAID POINT BEING THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.00 °01'54 "E., A RADIAL DISTANCE OF 58.90 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 72 °10'38 ", A DISTANCE OF 74.20 FEET, HAVING A CORD BEARING OF NORTH 53 °52'47" WEST FOR 69.39 FEET (TO POINT NUMBER 380, NORTHING 714082.71, EASTING 505115.23); THENCE N.17 °47'28 "W., A DISTANCE OF 264.86 FEET (POINT NUMBER 379, NORTHING 714334.90, EASTING 505034.30) TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 116.10 FEET AND A CENTRAL ANGLE OF 73 °16'12 "; THENCE NORTHWESTERLY ALONG THE ARC A DISTANCE OF 148.47 FEET, HAVING A CORD BEARING OF NORTH 54 °25'34" WEST FOR 138.56 FEET (TO POINT NUMBER 378, NORTHING 714415.51, EASTING 504921.60); THENCE S.88 °56'20 "W., A DISTANCE OF 407.42 FEET (POINT NUMBER 377, NORTHING 714407.96, EASTING 504514.25) TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 216.10 FEET AND A CENTRAL ANGLE OF 77 °26'16 "; THENCE SOUTHWESTERLY ALONG THE ARC A DISTANCE OF 292.07 FEET, HAVING A CHORD BEARING OF SOUTH 50 °13'12" WEST FOR 270.34 FEET (TO POINT NUMBER 376, NORTHING 714234.99, EASTING 504306.49); THENCE S.1 1'30'04"W., A DISTANCE OF 308.21 FEET (POINT NUMBER 375, NORTHING 713932.97, EASTING 504245.04) TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 791.10 FEET AND A CENTRAL ANGLE OF 22 °16'21 "; THENCE SOUTHERLY ALONG THE ARC A DISTANCE OF 307.52 FEETHAVING A CHORD BEARING OF SOUTH 00 °21'53" WEST FOR 305.59 FEET (TO POINT NUMBER 374, NORTHING 713627.38, EASTING 504243.10); THENCE S.10 °46'18 "E., A DISTANCE OF 392.40 FEET (POINT NUMBER 373, NORTHING 713241.90, EASTING 504316.43) TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 191.10 FEET AND A CENTRAL ANGLE OF 81'02'28"; THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 270.30 FEET, HAVING A CHORD BEARING OF SOUTH 51 °17'31" EAST FOR 248.32 FEET (TO THENCE IN SRTAIGHT LINE SEGMENTS THROUGH THE FOLOWING VERTICES: POINT NUMBER 372, NORTHING 713086.61, EASTING 504510.21; POINT NUMBER 371, NORTHING 713113.83, EASTING 505376.97; 918!2006- 176866 Ver 011- BSTOCKHA CAWS 03312- 000 -000. - 0 Agenda Item No. 17D February 13, 2007 Page 52 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 7 OF 10 POINT NUMBER 370, NORTHING 712978.69, EASTING 505377.38 SAID POINT BEING ON A LINE LYING 100' NORTH OF AND PARRALLEL WITH THE NORTH RIGHT -OF -WAY LINE OF OIL WELL ROAD (100' R.O.W); THENCE ALONG SAID LINE IN STARIGHT LINE SEGMENTS THROGH THE FOLLOWING TWO (2) VERITICES: POINT NUMBER 109, NORTHING 712954.20, EASTING 504053.33; POINT NUMBER 253, NORTHING 712954.19, EASTING 504051.23 SAID POINT BEING THE POINT OF BEGINNING. CONTAINING 125.46 ACRES, MORE OR LESS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH 89 044'55" WEST. LESS AND EXCEPT: LAKE PARCEL COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (POINT NUMBER 1, NORTHING 712804.21, EASTING 504055.048) THENCE ALONG THE WEST LINE OF SAID SECTION 18, NORTH 01 027'02" WEST, 150.04 FEET TO A POINT ON A LINE 100 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT -OF -WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT -OF -WAY) (POINT NUMBER 253, NORTHING 712954.19, EASTING 504051.23); THENCE CONTINUE ALONG WEST LINE OF SAID SECTION 18 NORTH 01 027'02" WEST, 720.89 FEET (TO POINT NUMBER 387, NORHTING 713674.86, EASTING 504033.00); THENCE LEAVING SAID WEST SECTION LINE SOUTH 88 032'58" WEST, 104.77 TO THE POINT OF BEGINNING (POINT NUMBER 322, NORTHING 713672.21, EASTING 503928.27) THENCE IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBERS 323 THROUGH 368 INCLUSIVE) POINT NUMBER 323, NORTHING 713378.57, EASTING 503922.10 POINT NUMBER 324, NORTHING 713314.41, EASTING 503922.10 POINT NUMBER 325, NORTHING 713279.87, EASTING 503915.93 POINT NUMBER 326, NORTHING 713267.53, EASTING 503890.02 POINT NUMBER 327, NORTHING 713270.00, EASTING 503832.03 POINT NUMBER 328, NORTHING 713282.33, EASTING 503704.95 POINT NUMBER 329, NORTHING 713290.97, EASTING 503664.24 POINT NUMBER 330, NORTHING 713300.84, EASTING 503644.49 POINT NUMBER 331, NORTHING 713320.58, EASTING 503635.86 POINT NUMBER 332, NORTHING 713371.16, EASTING 503632.16 ..-.. 91812008- 178888 Ve 01!- BSTOCKHA ,AW3 33312- 000 -0D0 -- 0 Agenda Item No. 17D February 13, 2007 Page 53 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 8 OF 10 POINT NUMBER 333, NORTHING 713536.49, EASTING 503633.39 POINT NUMBER 334, NORTHING 713578.24, EASTING 503626.62 POINT NUMBER 335, NORTHING 713602.00, EASTING 503632.99 POINT NUMBER 336, NORTHING 713602.00, EASTING 503632.99 POINT NUMBER 337, NORTHING 713606.05, EASTING 503632.94 POINT NUMBER 338, NORTHING 713626.74, EASTING 503636.64 POINT NUMBER 339, NORTHING 713647.89, EASTING 503637.77 POINT NUMBER 340, NORTHING 713676.08, EASTING 503639.46 POINT NUMBER 341, NORTHING 713712.17, EASTING 503641.71 POINT NUMBER 342, NORTHING 713752.49, EASTING 503641.43 POINT NUMBER 343, NORTHING 713775.62, EASTING 503641.71 POINT NUMBER 344, NORTHING 713778.18, EASTING 503641.08 POINT NUMBER 345, NORTHING 713782.01, EASTING 503643.26 POINT NUMBER 346, NORTHING 713805.45, EASTING 503640.79 POINT NUMBER 347, NORTHING 713831.36, EASTING 503638.33 POINT NUMBER 348, NORTHING 713865.91, EASTING 503637.09 POINT NUMBER 349, NORTHING 713886.88, EASTING 503629.69 POINT NUMBER 350, NORTHING 713905.39, EASTING 503622.29 POINT NUMBER 351, NORTHING 713923.90, EASTING 503621.05 POINT NUMBER 352, NORTHING 713946.11, EASTING 503623.52 POINT NUMBER 353, NORTHING 713972.01, EASTING 503625.99 POINT NUMBER 354, NORTHING 713995.46, EASTING 503632.16 POINT NUMBER 355, NORTHING 714017.66, EASTING 503632.16 POINT NUMBER 356, NORTHING 714039.87, EASTING 503627.22 POINT NUMBER 357, NORTHING 714079.35, EASTING 503627.22 POINT NUMBER 358, NORTHING 714091.69, EASTING 503644.49 POINT NUMBER 359, NORTHING 714099.09, EASTING 503665.47 POINT NUMBER 360, NORTHING 714101.56, EASTING 503692.61 POINT NUMBER 361, NORTHING 714106.50, EASTING 503735.79 POINT NUMBER 362, NORTHING 714108.96, EASTING 503771.57 POINT NUMBER 363, NORTHING 714110.20, EASTING 503801.18 POINT NUMBER 364, NORTHING 714105.26, EASTING 503854.24 POINT NUMBER 365, NORTHING 714107.26, EASTING 503893.23 POINT NUMBER 366, NORTHING 714089.22, EASTING 503924.56 POINT NUMBER 367, NORTHING 714011.50, EASTING 503930.73 POINT NUMBER 368, NORTHING 713828.90, EASTING 503929.50 POINT NUMBER 322, NORTHING 713672.21, EASTING 503928.26, SAID POINT BEING THE POINT OF BEGINNING 8182006- 176866 Ver, 01!- BSTOCKHA CA.3 03312- 000 -00a - 0 Agenda Item No. 17D February 13, 2007 Page 54 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 9 OF 10 CONTAINING 5.55 ACRES, MORE OR LESS. PARCEL "C" CONTAINS 119.91 NET ACRES +1- SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH 89 °44'55" WEST. STATEMENT OF DEFINITION, ACCURACY AND COORDINATE BASIS 1. DEFINITION: A. THE EXTERIOR BOUNDS OF S.S.A. 9 ARE BASED ON STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "A "(REFERENCE WILSONMILLER DRAWING NUMBER 1H -21). 2. ACCURACY: A. THESE LINES ARE BASED ON INTERPRETATIONS FROM AERIAL PHOTOGRAPHS HAVING THE FOLLOWING PARAMETERS: 1. DATE OF PHOTOGRAPHY: 4/23/03 2. NEGATIVE SCALE: 1:36000 3. PIXEL DIAMETER: 2.5' 4. TARGET SCALE: 1" =500' 5. SCALE NOT TO EXCEED 1" =500'. 6. THIS IMAGERY HAS NOT BEEN ORTHO CORRECTED IN ORDER TO MEET MINIMUM TECHNICAL STANDARDS OR NATIONAL MAP ACCURACY STANDARDS. 7. VERTICAL ELEVATION CHANGES WILL CAUSE HORIZONTAL DISPLACEMENT. EVERY EFFORT HAS BEEN MADE TO MINIMIZE THIS EFFECT FOR CRITICAL FEATURES. 8. IN AREAS WHERE TALL STRUCTURES OR TREES LEAN TO OBSTRUCT FEATURES, EXPOSURES WERE MOSAICKED IN AN EFFORT TO MINIMIZE THE EFFECT. 9. THIS PRODUCT IS SIMILAR IN ACCURACY TO RECTIFIED ENLARGEMENTS, EXCEPT PROVIDED IN A DIGITAL FORMAT. B. BASED ON THESE PARAMETERS, THE LINES DEPICTED IN THIS DIGITAL FILE HAVE AN ESTIMATED POSITIONAL ACCURACY OF +/- 20 FEET. C. MINOR DIFFERENCES IN POSITION AND ACREAGE BETWEEN THIS DESCRIPTION AND OTHER FORMATS CAN BE ATTRIBUTED TO COORDINATE PROJECTION AND SOFTWARE ACCURACY PARAMETERS. 3. COORDINATE BASIS: THE LINES DEPICTED HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83, GRS80, US SURVEY FEET. 9/8/2006 178686 Ver: 011- BSTOCKHA A tl43 )3312- 000.006 - 0 Agenda Item No. 17D February 13, 2007 Page 55 of 151 Now Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE29EAST AND SECTIONS 7 AND 18 TOWNSHIP48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 10 OF 10 BY�r�Gri� ir(�x -� DATE 24-62-' BRADLEY E. STOC KHAM, P.S.M. PSM.#6390 1f1iILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A PROFESSIONAL SURVEYOR AND MAPPER. REFERENCE WILSONMILLER DRAWING NUMBER 1 H -21 S2. V4-- ..mod -176ow Vcr. 0i1- 8=01'x-4 A= 3312. 000 - 000. -0 TOWNSHIP 48 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA. (SSA9 - RESTORATION PARCEL D) ALL THAT PART OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST AND SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SSA9 - 789.40 ACRE PARCEL COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. (POINT NUMBER 1, NORTHING 712804.21, EASTING 504055.05); THENCE RUNNING ALONG THE SOUTH LINE OF SAID SECTION 13 SOUTH 89044'55" WEST 2676.91 FEET TO THE SOUTH 1/a CORNER OF SAID SECTION 13 (POINT NUMBER 2, NORTHING 712792.47, EASTING 501378.16); THENCE LEAVING SAID SOUTH LINE OF SECTION 13, NORTH 01 °11'28" WEST 150.02 FEET ALONG THE SOUHTHERLY EXTENSION OF THE WEST LINE OF A PARCEL DESCRIBED IN O.R. BOOK 2493, PAGE 2779 -2796 TO THE POINT OF INTERSECTION WITH A LINE LYING 100 FEET NORTH OF AND PARALLEL TO THE NORTH LINE OF OIL WELL ROAD (100' RIGHT -OF -WAY), AND TO THE POINT OF BEGINNING (POINT NUMBER 3, NORTHING 712942.46, EASTING 501375.04); THENCE CONTINUE ALONG THE WEST LINE OF A PARCEL DESCRIBED IN O.R. BOOK 2493 PAGES 2779 -2796 NORTH 01011'28" WEST 2537.89 FEET TO THE NORTHWEST CORNER OF SAID PARCEL (POINT NUMBER 4, NORTHING 715479.80, EASTING 501322.29); THENCE NORTH 89 032'26" EAST 1692.67 FEET ALONG THE NORTH LINE OF SAID PARCEL AND CONTINUING ALONG THE NORTH LINE OF A PARCEL DESCRIBED IN O.R. BOOK 2009, PAGES 1554 -1558 TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN O.R. BOOK 2493, PAGES 2779 -2796 (POINT NUMBER 5, NORTHING 715493.38, EASTING 503014.91); THENCE ALONG THE WEST LINE OF SAID LANDS DESCRIBED IN O.R. BOOK 2493, PAGES 2779- 2796, NORTH 01 °11'02" WEST 2688.15 FEET TO THE NORTHWEST CORNER OF SAID LANDS, SAID POINT ALSO BEING A POINT ON THE SOUTH LINE OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 28 EAST COLLIER COUNTY, FLORIDA (POINT NUMBER 6, NORTHING 718180.95, EASTING 502959.36); THENCE ALONG SAID SOUTH LINE OF SECTION 12 SOUTH 89 °24'56" WEST 151.63 FEET TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN O.R. BOOK 2493, PAGE 2779 -2796 (POINT NUMBER 7, NORTHING 718179.41, EASTING 502807.74); THENCE ALONG THE WEST LINE OF SAID PARCEL NORTH 00 °44'30" WEST 5387.66 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND A POINT ON THE SOUTH LINE OF SECTION 1, 7/262006 168962 Ver 011- TOSSORNE -000.000- 0 Offices strategically located to serve our clients 800.649.4336 Naples/Corporate Office 3200 Bailey Lane, Suite 200 • Naples Florida 34105. 2396494040 • Far 239.643.5716 wilsonmilleccom WilsonMillef, Inc. — FL Lim# LC- C000170 Agenda Item No. 17D Wils6nmiller� February 13, 2007 Page 57 of 151 New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH. RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH. RANGE 29 EAST. COLLIER COUNTY, FLORIDA SHEET 2 OF 13 TOWNSHIP 48 SOUTH, RANGE 28 EAST COLLIER COUNTY, FLORIDA (POINT NUMBER 8, NORTHING 723566.62, EASTING 502737.98); THENCE ALONG SAID SOUTH LINE NORTH 89 000'09" EAST 1106.06 FEET TO THE SOUTHWEST CORNER OF SECTION 6 TOWNSHIP 48 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA (POINT NUMBER 9, NORTHING 723585.87, EASTING 503843.88); THENCE ALONG THE SOUTH LINE OF SAID SECTION 6 NORTH 89 051'32" EAST 1993.62 FEET (POINT NUMBER 10, NORTHING 723590.78, EASTING 505837.49); THENCE LEAVING SAID LINE IN STRAIGHT LINE SEGEMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBER 11 THROUGH 107 INCLUSIVE): POINT NUMBER 11, NORTHING 723456.97, EASTING 505803.24 POINT NUMBER 12, NORTHING 723343.69, EASTING 505794.53 POINT NUMBER 13, NORTHING 722818.37, EASTING 505940.99 POINT NUMBER 14, NORTHING 722805.79, EASTING 505900.91 POINT NUMBER 15, NORTHING 722790.98, EASTING 505905.32 POINT NUMBER 16, NORTHING 721395.56, EASTING 506304.78 POINT NUMBER 17, NORTHING 720754.42, EASTING 506495.37 POINT NUMBER 18, NORTHING 720744.19, EASTING 506485.88 POINT NUMBER 19, NORTHING 720738.29, EASTING 506476.77 POINT NUMBER 20, NORTHING 720733.37, EASTING 506469.00 POINT NUMBER 21, NORTHING 720726.50, EASTING 506467.21 POINT NUMBER 22, NORTHING 720581.62, EASTING 506468.06 POINT NUMBER 23, NORTHING 720377.09, EASTING 506558.20 POINT NUMBER 24, NORTHING 720365.21, EASTING 506563.26 POINT NUMBER 25, NORTHING 720334.55, EASTING 506574.68 POINT NUMBER 26, NORTHING 720303.21, EASTING 506584.07 POINT NUMBER 27, NORTHING 720271.33, EASTING 506591.39 POINT NUMBER 28, NORTHING 720239.03, EASTING 506596.61 POINT NUMBER 29, NORTHING 720237.25, EASTING 506596.84 POINT NUMBER 30, NORTHING 719987.00, EASTING 506628.01 POINT NUMBER 31, NORTHING 719967.71, EASTING 506629.81 POINT NUMBER 32, NORTHING 719970.17, EASTING 506623.25 POINT NUMBER 33, NORTHING 719972.07, EASTING 506613.09 POINT NUMBER 34, NORTHING 719975.88, EASTING 506599.76 POINT NUMBER 35, NORTHING 719977.79, EASTING 506585.80 POINT NUMBER 36, NORTHING 719979.06, EASTING 506571.20 POINT NUMBER 37, NORTHING 719979.06, EASTING 506536.93 POINT NUMBER 38, NORTHING 719977.15, EASTING 506521.70 POINT NUMBER 39, NORTHING 719974.61, EASTING 506495.04 POINT NUMBER 40, NORTHING 719973.34, EASTING 506469.02 POINT NUMBER 41, NORTHING 719970.80, EASTING 506437.28 POINT NUMBER 42, NORTHING 719970.80, EASTING 506408.72 POINT NUMBER 43, NORTHING 719970.17, EASTING 506385.88 T/T51200& 168962 Ve .. 01!- TOSBORNE Gap 03112-004000 - -0 11rilsomiller" New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 3 OF 13 POINT NUMBER 44, NORTHING 719968.90, EASTING 506373.18 POINT NUMBER 45, NORTHING 719965.09, EASTING 506355.41 POINT NUMBER 46, NORTHING 719961.92, EASTING 506339.54 POINT NUMBER 47, NORTHING 719953.03, EASTING 506296.38 POINT NUMBER 48, NORTHING 719951.13, EASTING 506279.88 POINT NUMBER 49, NORTHING 719949.86, EASTING 506265.29 POINT NUMBER 50, NORTHING 719948.59, EASTING 506249.42 POINT NUMBER 51, NORTHING 719947.32, EASTING 506228.47 POINT NUMBER 52, NORTHING 719945.42, EASTING 506206.89 POINT NUMBER 53, NORTHING 719945.42, EASTING 506190.39 POINT NUMBER 54, NORTHING 719945.98, EASTING 506178.11 POINT NUMBER 55, NORTHING 719945.34, EASTING 506167.79 POINT NUMBER 56, NORTHING 719946.63, EASTING 506147.79 POINT NUMBER 57, NORTHING 719950.87, EASTING 506131.96 POINT NUMBER 58, NORTHING 719945.00, EASTING 506017.93 POINT NUMBER 59, NORTHING 719902.95, EASTING 505907.81 POINT NUMBER 60, NORTHING 719945.00, EASTING 505784.48 POINT NUMBER 61, NORTHING 719966.44, EASTING 505656.35 POINT NUMBER 62, NORTHING 719949.01, EASTING 505576.68 POINT NUMBER 63, NORTHING 719904.20, EASTING 505490.79 POINT NUMBER 64, NORTHING 719823.28, EASTING 505388.71 POINT NUMBER 65, NORTHING 719725.81, EASTING 505079.48 POINT NUMBER 66, NORTHING 719691.35, EASTING 505072.71 POINT NUMBER 67, NORTHING 719647.04, EASTING 505041.85 POINT NUMBER 68, NORTHING 719396.80, EASTING 504764.63 POINT NUMBER 69, NORTHING 719318.02, EASTING 504713.24 POINT NUMBER 70, NORTHING 719208.91, EASTING 504699.61 POINT NUMBER 71, NORTHING 719133.42, EASTING 504696.12 POINT NUMBER 72, NORTHING 719037.42, EASTING 504723.50 POINT NUMBER 73, NORTHING 718975.88, EASTING 504785.14 POINT NUMBER 74, NORTHING 718934.86, EASTING 504860.42 POINT NUMBER 75, NORTHING 718887.27, EASTING 504891.29 POINT NUMBER 76, NORTHING 718825.74, EASTING 504891.29 POINT NUMBER 77, NORTHING 718671.23, EASTING 504868.22 POINT NUMBER 78, NORTHING 718592.63, EASTING 504856.90 POINT NUMBER 79, NORTHING 718355.31, EASTING 504821.05 POINT NUMBER 80, NORTHING 718298.16, EASTING 504812.52 POINT NUMBER 81, NORTHING 718260.17, EASTING 504828.70 POINT NUMBER 82, NORTHING 718033.21, EASTING 505353.86 POINT NUMBER 83, NORTHING 717829.05, EASTING 505376.26 POINT NUMBER 84, NORTHING 717649.80, EASTING 505408.63 POINT NUMBER 85, NORTHING 717553.94, EASTING 505436.02 POINT NUMBER 86, NORTHING 717469.90, EASTING 505465.89 POINT NUMBER 87, NORTHING 717360.99, EASTING 505556.77 712512006108962 VW..011- TOSSORNE Agenda Item No. 17D February 13, 2007 Page 58 of 151 INils6nmiller® New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 4 OF 13 POINT NUMBER 88, NORTHING 717217.84, FASTING 505708.64 POINT NUMBER 89, NORTHING 717099.58, EASTING 505775.86 POINT NUMBER 90, NORTHING 716886.29, EASTING 505824.67 POINT NUMBER 91, NORTHING 716456.16, EASTING 505882.53 POINT NUMBER 92, NORTHING 716046.45, EASTING 505838.10 POINT NUMBER 93, NORTHING 716025.28, EASTING 505737.27 POINT NUMBER 94, NORTHING 715969.27, EASTING 505607.80 POINT NUMBER 95, NORTHING 715741.26, EASTING 505392.54 POINT NUMBER 96, NORTHING 714317.20, EASTING 505391.85 POINT NUMBER 97, NORTHING 714320.97, EASTING 505754.99 POINT NUMBER 98, NORTHING 714274.43, EASTING 505779.31 POINT NUMBER 99, NORTHING 714234.96, EASTING 505802.82 POINT NUMBER 100, NORTHING 713763.55, EASTING 506100.38 POINT NUMBER 101, NORTHING 713721.48, EASTING 506125.22 POINT NUMBER 102, NORTHING 713673.87, EASTING 506149.50 POINT NUMBER 103, NORTHING 713673.87, EASTING 505923.61 POINT NUMBER 104, NORTHING 713388.86, EASTING 505923.61 POINT NUMBER 105, NORTHING 713388.86, EASTING 506225.18 POINT NUMBER 106, NORTHING 713364.22, EASTING 506226.78 POINT NUMBER 107, NORTHING 713338.18, EASTING 506227.68; Agenda Item No. 17D February 13, 2007 Page 59 of 151 THENCE SOUTH 01 003'33" EAST 343.73 FEET TO A POINT ON A LINE 100 'FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF OIL WELL ROAD (100 FOOT RIGHT OF WAY) (POINT NUMBER 108, NORTHING 712994.51, EASTING 506234.03); THENCE ALONG SAID LINE SOUTH 88 °56'28" WEST 2181.07 FEET (POINT NUMBER 109, NORTHING 712954.20, EASTING 504053.33); THENCE SOUTH 89 °44'55" WEST 2678.32 FEET TO THE POINT OF BEGINNING. CONTAINING 789.40 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. LESS AND EXCEPT THE FOLLOWING 4 PARCELS: PARCEL "A" BEGINNING AT THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (POINT NUMBER 9, NORTHING 723585.87, EASTING 503843.88) THENCE ALONG THE NORTH LINE OF SAID SECTION 7 SOUTH 89051'32" EAST 870.36 FEET (TO POINT NUMBER 179, NORTHING 723588.01, EASTING 504714.23); THENCE LEAVING SAID NORTH LINE OF SECTION 7 IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBERS 180 THROUGH 249 INCLUSIVE) 7r25/MrF 168962 V- 011- TOSSORNE 03312-000-000. -0 Agenda Item No. 17D February 13, 2007 Page 60 of 151 New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH. RANGE 29 EAST, COLLIER COUNTY. FLORIDA SHEET 5 OF 13 POINT NUMBER 180, NORTHING 723570.28, EASTING 504715.04 POINT NUMBER 181, NORTHING 723563.24, EASTING 504717.14 POINT NUMBER 182, NORTHING 723527.96, EASTING 504743.19 POINT NUMBER 183, NORTHING 723427.03, EASTING 504762.77 POINT NUMBER 184, NORTHING 723260.48, EASTING 504860.42 POINT NUMBER 185, NORTHING 723219.22, EASTING 504884.74 POINT NUMBER 186, NORTHING 723133.30, EASTING 504935.39 POINT NUMBER 187, NORTHING 723088.17, EASTING 504977.64 POINT NUMBER 188, NORTHING 723023.35, EASTING 505000.52 POINT NUMBER 189, NORTHING 722967.56, EASTING 505006.97 POINT NUMBER 190, NORTHING 722634.05, EASTING 505032.86 POINT NUMBER 191, NORTHING 722631.97, EASTING 505033.02 POINT NUMBER 192, NORTHING 722309.52, EASTING 505225.23 POINT NUMBER 193, NORTHING 722219.05, EASTING 505195.76 POINT NUMBER 194, NORTHING 722007.86, EASTING 505126.98 POINT NUMBER 195, NORTHING 721629.41, EASTING 505003.29 POINT NUMBER 196, NORTHING 721645.99, EASTING 504906.49 POINT NUMBER 197, NORTHING 721661.22, EASTING 504818.41 POINT NUMBER 198, NORTHING 721671.35, EASTING 504759.83 POINT NUMBER 199, NORTHING 721685.19, EASTING 504679.76 POINT NUMBER 200, NORTHING 721697.38, EASTING 504609.31 POINT NUMBER 201, NORTHING 721740.11, EASTING 504362.17 POINT NUMBER 202, NORTHING 721768.82, EASTING 504339.41 POINT NUMBER 203, NORTHING 721772.62, EASTING 504340.16 POINT NUMBER 204, NORTHING 721790.07, EASTING 504343.61 POINT NUMBER 205, NORTHING 721818.06, EASTING 504349.15 POINT NUMBER 206, NORTHING 721818.06, EASTING 504349.15 POINT NUMBER 207, NORTHING 721893.36, EASTING 504360.09 POINT NUMBER 208, NORTHING 722019.89, EASTING 504378.48 POINT NUMBER 209, NORTHING 722019.92, EASTING 504378.48 POINT NUMBER 210, NORTHING 722029.68, EASTING 504378.88 POINT NUMBER 211, NORTHING 722101.13, EASTING 504381.77 POINT NUMBER 212, NORTHING 722176.61, EASTING 504381.77 POINT NUMBER 213, NORTHING 722267.00, EASTING 504361.58 POINT NUMBER 214, NORTHING 722322.66, EASTING 504349.15 POINT NUMBER 215, NORTHING 722385.82, EASTING 504325.47 POINT NUMBER 216, NORTHING 722426.86, EASTING 504310.07 POINT NUMBER 217, NORTHING 722524.49, EASTING 504257.97 POINT NUMBER 218, NORTHING 722524.49, EASTING 504257.97 POINT NUMBER 219, NORTHING 722547.47, EASTING 504222.18 POINT NUMBER 220, NORTHING 722557.31, EASTING 504140.75 POINT NUMBER 221, NORTHING 722557.31, EASTING 504140.75 POINT NUMBER 222, NORTHING 722556.95, EASTING 504138.04 772&Mr1689V Vw. 011- TOSBORNE 2-000-004 -0 Wilsv�Miller� New Directions in Planning, Design & Engineering Agenda Item No. 17D February 13, 2007 Page 61 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 6 OF 13 POINT NUMBER 223, NORTHING 722555.39, EASTING 504133.23 POINT NUMBER 224, NORTHING 722550.58, EASTING 504118.40 POINT NUMBER 225, NORTHING 722550.58, EASTING 504118.40 POINT NUMBER 226, NORTHING 722546.29, EASTING 504102.46 POINT NUMBER 227, NORTHING 722538.32, EASTING 504072.86 POINT NUMBER 228, NORTHING 722532.35, EASTING 504050.72 POINT NUMBER 229, NORTHING 722519.34, EASTING 504029.89 POINT NUMBER 230, NORTHING 722490.71, EASTING 503972.62 POINT NUMBER 231, NORTHING 722475.09, EASTING 503930.97 POINT NUMBER 232, NORTHING 722467.28, EASTING 503881.51 POINT NUMBER 233, NORTHING 722472.48, EASTING 503852.87 POINT NUMBER 234, NORTHING 722495.91, EASTING 503839.86 POINT NUMBER 235, NORTHING 722515.96, EASTING 503837.63 POINT NUMBER 236, NORTHING 722519.34, EASTING 503837.25 POINT NUMBER 237, NORTHING 722613.06, EASTING 503837.25 POINT NUMBER 238, NORTHING 722660.61, EASTING 503835.22 POINT NUMBER 239, NORTHING 722757.64, EASTING 503831.08 POINT NUMBER 240, NORTHING 722833.45, EASTING 503827.84 POINT NUMBER 241, NORTHING 722917.63, EASTING 503824.24 POINT NUMBER 242, NORTHING 723045.27, EASTING 503819.71 POINT NUMBER 243, NORTHING 723120.00, EASTING 503817.06 POINT NUMBER 244, NORTHING 723284.68, EASTING 503811.22 POINT NUMBER 245, NORTHING 723423.63, EASTING 503809.39 POINT NUMBER 246, NORTHING 723482.53, EASTING 503808.62 POINT NUMBER 247, NORTHING 723565.93, EASTING 503802.54 POINT NUMBER 248, NORTHING 723582.56, EASTING 503801.95; POINT NUMBER 249, NORTHING 723585.14, EASTING 503801.86, SAID POINT BEING ON THE NORTH LINE OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 28 EAST. THENCE ALONG THE NORTH LINE OF SAID SECTION 12 NORTH 89 °00'10" EAST 42.02 FEET TO THE POINT OF BEGINNING OF THE PARCEL HERE IN DESCRIBED. CONTAINING 42.20 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL "6" COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7,TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (POINT NUMBER 388, NORTHING 718190.86, EASTING 503931.19); THENCE ALONG THE SOUTH LINE OF SECTION 7 NORTH 88 026'43" EAST 883.92 FEET; THENCE LEAVING SAID LINE NORTH 01033'17" WEST 83.34 FEET TO THE POINT OF BEGINNING (POINT NUMBER 80, NORTHING 718298.16, EASTING 504812.52); 712W200rs 168862 Vx. 011- TOSSORNE caw 03312-000- 000- - 0 Agenda Item No. 17D Wilsa►�Miller® February 13, 2007 Page 62 of 151 New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COWER COUNTY, FLORIDA SHEET 7 OF 13 THENCE CONTINUING IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINTS NUMBERS 113 THROUGH 178 INCUSIVE): POINT NUMBER 113, NORTHING 718230.06, EASTING 504798.88 POINT NUMBER 114, NORTHING 718218.48, EASTING 504794.36 POINT NUMBER 115, NORTHING 718166.80, EASTING 504783.17 POINT NUMBER 116, NORTHING 718125.04, EASTING 504773.66 POINT NUMBER 117, NORTHING 718125.04, EASTING 504773.66 POINT NUMBER 118, NORTHING 718125.04, EASTING 504773.66 POINT NUMBER 119, NORTHING 718048.06, EASTING 504719.32 POINT NUMBER 120, NORTHING 717960.12, EASTING 504657.25 POINT NUMBER 121, NORTHING 717936.82, EASTING 504638.02 POINT NUMBER 122, NORTHING 717781.90, EASTING 504510.25 POINT NUMBER 123, NORTHING 717679.52, EASTING 504425.77 POINT NUMBER 124, NORTHING 717671.15, EASTING 504390.15 POINT NUMBER 125, NORTHING 717670.71, EASTING 504388.19 POINT NUMBER 126, NORTHING 717655.26, EASTING 504318.50 POINT NUMBER 127, NORTHING 717655.26, EASTING 504318.49 POINT NUMBER 128, NORTHING 717679.52, EASTING 504169.46 POINT NUMBER 129, NORTHING 717759.41, EASTING 504041.67 POINT NUMBER 130, NORTHING 717776.06, EASTING 504015.03 POINT NUMBER 131, NORTHING 717786.80, EASTING 503997.84 POINT NUMBER 132, NORTHING 717786.80, EASTING 503997.84 POINT NUMBER 133, NORTHING 718189.02, EASTING 503995.09 ` POINT NUMBER 134, NORTHING 718392.92, EASTING 503995.20 POINT NUMBER 135, NORTHING 718855.57, EASTING 503995.43 POINT NUMBER 136, NORTHING 719127.58, EASTING 503995.57 POINT NUMBER 137, NORTHING 719127.71, EASTING 503995.57 POINT NUMBER 138, NORTHING 719440.56, EASTING 503995.72 POINT NUMBER 139, NORTHING 719615.64, EASTING 503995.81 POINT NUMBER 140, NORTHING 719864.49, EASTING 503995.93 POINT NUMBER 141, NORTHING 719904.63, EASTING 504110.84 POINT NUMBER 142, NORTHING 719948.81, EASTING 504237.24 POINT NUMBER 143, NORTHING 719949.26, EASTING 504238.54 POINT NUMBER 144, NORTHING 719949.26, EASTING 504238.54 POINT NUMBER 145, NORTHING 719949.26, EASTING 504238.54 POINT NUMBER 146, NORTHING 719949.26, EASTING 504238.54 POINT NUMBER 147, NORTHING 719947.29, EASTING 504264.72 POINT NUMBER 148, NORTHING 719948.31, EASTING 504270.58 POINT NUMBER 149, NORTHING 719950.39, EASTING 504282.50 POINT NUMBER 150, NORTHING 719955.80, EASTING 504308.79 POINT NUMBER 151, NORTHING 719960.90, EASTING 504333.03 POINT NUMBER 152, NORTHING 719961.98, EASTING 504338.18 POINT NUMBER 153, NORTHING 719966.62, EASTING 504359.83 7r2512M& ISSW2 Va ..011- TOSBORIE ._"k�324WPW. -0 10s0amiller° New Directions In Planning, Design & Engineering Agenda Item No. 17D February 13, 2007 Page 63 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 8 OF 13 POINT NUMBER 154, NORTHING 719967.75, EASTING 504368.63 POINT NUMBER 155, NORTHING 719970.49, EASTING 504389.99 POINT NUMBER 156, NORTHING 719972.04, EASTING 504408.55 POINT NUMBER 157, NORTHING 719973.58, EASTING 504428.65 POINT NUMBER 158, NORTHING 719974.41, EASTING 504438.19 POINT NUMBER 159, NORTHING 719975.13, EASTING 504446.44 POINT NUMBER 160, NORTHING 719977.20, EASTING 504457.06 POINT NUMBER 161, NORTHING 719980.54, EASTING 504474.27 POINT NUMBER 162, NORTHING 719982.74, EASTING 504486.01 POINT NUMBER 163, NORTHING 719985.18, EASTING 504499.02 POINT NUMBER 164, NORTHING 719989.05, EASTING 504529.18 POINT NUMBER 165, NORTHING 719989.82, EASTING 504557.79 POINT NUMBER 166, NORTHING 719989.82, EASTING 504584.85 POINT NUMBER 167, NORTHING 719989.82, EASTING 504617.33 POINT NUMBER 168, NORTHING 719992.14, EASTING 504655.22 POINT NUMBER 169, NORTHING 719997.56, EASTING 504683.06 POINT NUMBER 170, NORTHING 720002.20, EASTING 504713.99 POINT NUMBER 171, NORTHING 720005.00, EASTING 504736.97 POINT NUMBER 172, NORTHING 720006.06, EASTING 504745.70 POINT NUMBER 173, NORTHING 720008.41, EASTING 504754.92 POINT NUMBER 174, NORTHING 720017.54, EASTING 504790.84 POINT NUMBER 175, NORTHING 720020.36, EASTING 504846.78 POINT NUMBER 176, NORTHING 720023.65, EASTING 504922.06 POINT NUMBER 177, NORTHING 719777.51, EASTING 505048.72 POINT NUMBER 178, NORTHING 719749.32, EASTING 505065.49 THENCE SOUTH 30 044'52" EAST 27.36 FEET TO POINT NUMBER 65, NORTHING 719725.81, EASTING 505079.48; THENCE IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBERS 66 THROUGH 80 INCLUSIVE) POINT NUMBER 66, NORTHING 719691.35, EASTING 505072.71 POINT NUMBER 67, NORTHING 719647.04, EASTING 505041.85 POINT NUMBER 68, NORTHING 719396.80, EASTING 504764.63 POINT NUMBER 69, NORTHING 719318.02, EASTING 504713.24 POINT NUMBER 70, NORTHING 719208.91, EASTING 504699.61 POINT NUMBER 71, NORTHING 719133.42, EASTING 504696.12 POINT NUMBER 72, NORTHING 719037.42, EASTING 504723.50 POINT NUMBER 73, NORTHING 718975.88, EASTING 504785.14 POINT NUMBER 74, NORTHING 718934.86, EASTING 504860.42 POINT NUMBER 75, NORTHING 718887.27, EASTING 504891.29 POINT NUMBER 76, NORTHING 718825.74, EASTING 504891.29 POINT NUMBER 77, NORTHING 718671.23, EASTING 504868.22 POINT NUMBER 78, NORTHING 718592.63, EASTING 504856.90 POINT NUMBER 79, NORTHING 718355.31, EASTING 504821.05; 7x2572006. 168962 Vx 011- TOSBORNE CAM IX33124000.000 -- 0 Agenda Item No. 17D M/ilsunMiller® February 13, 2007 Page 64 of 151 New Directions to Planning, Design & Engineering - • DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 9 OF 13 POINT NUMBER 80, NORTHING 718298.16, EASTING 504812.52, SAID POINT BEING THE POINT OF BEGINNING. CONTAINING 42.45 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL "C" COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (POINT NUMBER 1, NORTHING 712804.21, EASTING 504055.048) THENCE ALONG THE WEST LINE OF SAID SECTION 18, NORTH 01'27'02" WEST, 150.04 FEET TO A POINT ON A LINE 100 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT -OF -WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT - OF -WAY) ALSO BEING THE POINT OF BEGINNING (POINT NUMBER 253, NORTHING 712954.19, EASTING 504051.23); THENCE LEAVING SAID WEST LINE OF SECTION 18 IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBERS 254 THROUGH 270 AND POINT NUMBER 96 INCLUSIVE) POINT NUMBER 254, NORTHING 712947.89, EASTING 502613.35 POINT NUMBER 255, NORTHING 714152.79, EASTING 502586.86 POINT NUMBER 256, NORTHING 714324.00, EASTING 502528.47 POINT NUMBER 257, NORTHING 714688.63, EASTING 502520.57 POINT NUMBER 258, NORTHING 714896.54, EASTING 502817.71 - POINT NUMBER 259, NORTHING 714958.93, EASTING 503139.76 POINT NUMBER 260, NORTHING 715248.26, EASTING 503399.49 POINT NUMBER 261, NORTHING 715418.12, EASTING 503432.49 POINT NUMBER 262, NORTHING 715505.05, EASTING 503787.69 POINT NUMBER 263, NORTHING 715532.10, EASTING 503982.77 POINT NUMBER 264, NORTHING 715632.38, EASTING 504273.11 POINT NUMBER 265, NORTHING 715650.42, EASTING 504380.01 POINT NUMBER 266, NORTHING 715466.94, EASTING 504980.23 POINT NUMBER 267, NORTHING 715479.68, EASTING 505039.00 POINT NUMBER 268, NORTHING 715572.70, EASTING 505175.03 POINT NUMBER 269, NORTHING 715717.35, EASTING 505309.42 POINT NUMBER 270, NORTHING 715716.99, EASTING 505392.53 POINT NUMBER 96, NORTHING 714317.20, EASTING 505391.86 THENCE THROUGH THE FOLLOWING VERTICES IN STRAIGHT LINE SEGMENTS UNLESS OTHERWISE NOTED: POINT NUMBER 382, NORTHING 714041.74, EASTING 505392.70; POINT NUMBER 381, NORTHING 714041.81, EASTING 505171.28 SAID POINT BEING THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.00 °01'54 "E., A RADIAL DISTANCE OF 58.90 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 72 °10'38 ", A 7(2512006, 188982 Yer: D11- TOSSORNE - .wovx1}000. - 0 Agenda Item No. 17D 1wilsdamiller° February 13, 2007 Page 65 of 151 New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 10 OF 13 DISTANCE OF 74.20 FEET, HAVING A CORD BEARING OF NORTH 53 °52'47" WEST FOR 69.39 FEET (TO POINT NUMBER 380, NORTHING 714082.71, EASTING 505115.23); THENCE N.1 7 °47'28 "W., A DISTANCE OF 264.86 FEET (POINT NUMBER 379, NORTHING 714334.90, EASTING 505034.30) TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 116.10 FEET AND A CENTRAL ANGLE OF 73 °16'12 "; THENCE NORTHWESTERLY ALONG THE ARC A DISTANCE OF 148.47 FEET, HAVING A CORD BEARING OF NORTH 54 °25'34" WEST FOR 138.56 FEET (TO POINT NUMBER 378, NORTHING 714415.51, EASTING 504921.60); THENCE S.88 °56'20'W., A DISTANCE OF 407.42 FEET (POINT NUMBER 377, NORTHING 714407.96, EASTING 504514.25) TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 216.10 FEET AND A CENTRAL ANGLE OF 77 °26'16 "; THENCE SOUTHWESTERLY ALONG THE ARC A DISTANCE OF 292.07 FEET, HAVING A CHORD BEARING OF SOUTH 50°13'12" WEST FOR 270.34 FEET (TO POINT NUMBER 376, NORTHING 714234.99, EASTING 504306.49); THENCE S.11 °30'04"W., A DISTANCE OF 308.21 FEET (POINT NUMBER 375, NORTHING 713932.97, EASTING 504245.04) TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 791.10 FEET AND A CENTRAL ANGLE OF 22 °16'21 "; THENCE SOUTHERLY ALONG THE ARC A DISTANCE OF 307.52 FEETHAVING A CHORD BEARING OF SOUTH 00 °21'53" WEST FOR 305.59 FEET (TO POINT NUMBER 374, NORTHING 713627.38, EASTING 504243.10); THENCE S.10 °46'18 "E., A DISTANCE OF 392.40 FEET (POINT NUMBER 373, NORTHING 713241.90, EASTING 504316.43) TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 191.10 FEET AND A CENTRAL ANGLE OF 81'02'28"; THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 270.30 FEET, HAVING A CHORD BEARING OF SOUTH 51 °17'31" EAST FOR 248.32 FEET (TO THENCE IN SRTAIGHT LINE SEGMENTS THROUGH THE FOLOWING VERTICES: POINT NUMBER 372, NORTHING 713086.61, EASTING 504510.21; POINT NUMBER 371, NORTHING 713113.83, EASTING 505376.97; POINT NUMBER 370, NORTHING 712978.69, EASTING 505377.38 SAID POINT BEING ON A LINE LYING 100' NORTH OF AND PARRALLEL WITH THE NORTH RIGHT -OF -WAY LINE OF OIL WELL ROAD (100'R. O.W); THENCE ALONG SAID LINE IN STARIGHT LINE SEGMENTS THROGH THE FOLLOWING TWO (2) VERITICES: POINT NUMBER 109, NORTHING 712954.20, EASTING 504053.33; POINT NUMBER 253, NORTHING 712954.19, EASTING 504051.23 SAID POINT BEING THE POINT OF BEGINNING. CONTAINING 125.46 ACRES, MORE OR LESS. SUBJECT TO RESTRICTIONS AND RESERVATIONS OF RECORD, LANDS RESERVED FOR EARTH MINING AND PROCESSING USES 7r25/200G 168962 Vx 01!- TOSBORNE 033124000.000- - 0 Agenda Item No. 17D February 13, 2007 WilsonMiller" Page 66 of 151 New Oirecb'ons In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 11 OF 13 ALL THAT PART OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (POINT NUMBER 1, NORTHING 712804.21, EASTING 504055.04) THENCE ALONG THE WEST LINE OF SAID SECTION 18, NORTH 01'27'02" WEST, 150.04 FEET TO A POINT ON A LINE 100 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT - OF -WAY), (POINT NUMBER 253, NORTHING 712954.19, EASTING 504051.23); THENCE ALONG SAID LINE, NORTH 88 °44'55" EAST, 2.08 FEET (POINT NUMBER 109, NORTHING 712954.20, EASTING 504053.33); THENCE NORTH 88 °56'28" EAST 1324.28 FEET TO THE POINT OF BEGINNING (POINT NUMBER 370, NORTHING 712978.70, EASTING 505377.38); THENCE THROUGH THE FOLLOWING VERTICES IN STRAIGHT LINE SEGMENTS ULESS OTHERWISE NOTED: POINT NUMBER 371, NORTHING 713113.83, EASTING 505376.97; POINT NUMBER 372, NORTHING 713086.61, EASTING 504510.21 SAID POINT BEING THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.01 °48'45 "W., A RADIAL DISTANCE OF 191.10 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 81-02-28", A DISTANCE OF 270.30 FEET, HAVING A CHORD BEARING OF NORTH 51 °17'31" WEST FOR 248.32 FEET (POINT NUMBER 373, NORTHING 713241.90, EASTING 504316.43); THENCE N.10 °46'18 "W., A DISTANCE OF 392.40 FEET TO A POINT OF CURVE TO THE RIGHT (POINT NUMBER 374, NORTHING 713627.38, EASTING 504243.10) HAVING A RADIUS OF 791.10 FEET AND A CENTRAL ANGLE OF 22 °16'21'; THENCE NORTHERLY ALONG THE ARC A DISTANCE OF 307.52 FEET, HAVING A CHORD BEARING OF NORTH 00 021'53" EAST FOR 305.59 FEET (POINT NUMBER 375, NORTHING 713932.97, EASTING 504245.04); THENCE N.11 °30'04 "E., A DISTANCE OF 308.21 FEET TO A POINT OF CURVE TO THE RIGHT (POINT NUMBER 376, NORTHING 714234.99, EASTING 504306.49) HAVING A RADIUS OF 216.10 FEET AND A CENTRAL ANGLE OF 77 °26'16 "; THENCE NORTHEASTERLY ALONG THE ARC A DISTANCE OF 292.07 FEET, HAVING A CHORD BEARING OF NORTH 50 013'12 EAST 270.34 FEET (POINT NUMBER 377, NORTHING 714407.96, EASTING 504514.25); THENCE N.88 °56'20 "E., A DISTANCE OF 407.42 FEET (POINT NUMBER 378, NORTHING 714415.51, EASTING 504921.60) TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 116.10 FEET AND A CENTRAL ANGLE OF 73 °1612 "; THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 148.47 FEET, HAVING A CHORD BEARING OF SOUTH 54 °25'34" EAST FOR 138.56 FEET (POINT NUMBER 379, NORTHING 714334.90, EASTING 505034.30); THENCE S.17 °47'28 "E., A DISTANCE OF 264.86 FEET, (POINT NUMBER 380, NORTHING 714082.71, EASTING 505115.23) TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 58.90 FEET AND A CENTRAL ANGLE OF 72 °10'38 "; THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 74.20 FEET, HAVING A CHORD T125 M, ISM Ver. 011- TOS80RNE '2-000-000. -0 Agenda Item No. 17D MWIS&Miller Page 67 of 151 m February 13, 2007 New Directions in Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 12 OF 13 BEARING OF SOUTH 53 °52'47" EAST 69.39 FEET (POINT NUMBER 381, NORTHING 714041.81, EASTING 505171.28); POINT NUMBER 382, NORTHING 714041.74, EASTING 505392.70; THENCE CONTINUING ALONG EAST LINE OF PARCEL IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBERS 96 THROUGH 108 INCLUSIVE) POINT NUMBER 96, NORTHING 714317.20, EASTING 505391.85 POINT NUMBER 97, NORTHING 714320.97, EASTING 505754.99 POINT NUMBER 98, NORTHING 714274.43, EASTING 505779.31 POINT NUMBER 99, NORTHING 714234.96, EASTING 505802.82 POINT NUMBER 100, NORTHING 713763.55, EASTING 506100.38 POINT NUMBER 101, NORTHING 713721.48, EASTING 506125.22 POINT NUMBER 102, NORTHING 713673.87, EASTING 506149.50 POINT NUMBER 103, NORTHING 713673.87, EASTING 505923.61 POINT NUMBER 104, NORTHING 713388.86, EASTING 505923.61 POINT NUMBER 105, NORTHING 713388.86, EASTING 506225.18 POINT NUMBER 106, NORTHING 713364.22, EASTING 506226.78 POINT NUMBER 107, NORTHING 713338.18, EASTING 506227.68; THENCE SOUTH 01 °03'33" EAST 343.73 FEET TO A POINT ON A LINE 100 FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF OIL WELL ROAD (100 FOOT RIGHT OF WAY) (POINT NUMBER 108, NORTHING 712994.51, EASTING 506234.03); THENCE ALONG SAID LINE SOUTH 88 °56'28" WEST 856.79 FEET TO THE POINT OF BEGINNING. (POINT NUMBER 370, NORTHING 712978.70, EASTING 505377.38) PARCEL CONTAINS 50.08 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ACREAGE SUMMARY: OVERALL SSA 9 PARCEL - 789.40 ACRES, MORE OR LESS. LESS: RESTORATION PARCEL A - 42.20 ACRES, MORE OR LESS. RESTORATION PARCEL B - 42.45 ACRES, MORE OR LESS. RESTORATION PARCEL C - 125.46 ACRES (GROSS), MORE OR LESS. LANDS RESERVED FOR EARTHMINING AND PROCESSING USES - 50.08 ACRES, MORE OR LESS. PARCEL "D" CONTAINS 529.21 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH 89 °44'55" WEST. 7252006 -16"Q Ve..01!- TOSBORNE C. 03912 - 0004)00. - 0 Agenda Item No. 17D Wilsnnuiller® Page 68 of f 151 February 13, 151 New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 13 OF 13 STATEMENT OF DEFINITION, ACCURACY AND COORDINATE BASIS 1. DEFINITION: A. THE EXTERIOR BOUNDS OF S.S.A. 9 ARE BASED ON STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "A" (REFERENCE WILSONMILLER DRAWING NUMBER 1H -21). 2. ACCURACY: A. THESE LINES ARE BASED ON INTERPRETATIONS FROM AERIAL PHOTOGRAPHS HAVING THE FOLLOWING PARAMETERS: 1. DATE OF PHOTOGRAPHY: 4/23/03 2. NEGATIVE SCALE: 1:36000 3. PIXEL DIAMETER: 2.5' 4. TARGET SCALE: 1"=500' 5. SCALE NOT TO EXCEED 1 " =500'. 6. THIS IMAGERY HAS NOT BEEN ORTHO CORRECTED IN ORDER TO MEET MINIMUM TECHNICAL STANDARDS OR NATIONAL MAP ACCURACY STANDARDS, 7. VERTICAL ELEVATION CHANGES WILL CAUSE HORIZONTAL DISPLACEMENT. EVERY EFFORT HAS BEEN MADE TO MINIMIZE THIS EFFECT FOR CRITICAL FEATURES. 8. IN AREAS WHERE TALL STRUCTURES OR TREES LEAN TO OBSTRUCT FEATURES, EXPOSURES WERE MOSAICKED IN AN EFFORT TO MINIMIZE THE EFFECT. 9, THIS PRODUCT IS SIMILAR IN ACCURACY TO RECTIFIED ENLARGEMENTS, EXCEPT PROVIDED IN A DIGITAL FORMAT. B. BASED ON THESE PARAMETERS, THE LINES DEPICTED IN THIS DIGITAL FILE HAVE AN ESTIMATED POSITIONAL ACCURACY OF +/- 20 FEET. C. MINOR DIFFERENCES IN POSITION AND ACREAGE BETWEEN THIS DESCRIPTION AND OTHER FORMATS CAN BE ATTRIBUTED TO COORDINATE PROJECTION AND SOFTWARE ACCURACY PARAMETERS. 3. COORDINATE BASIS: THE LINES DEPICTED HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83, GRS80, US SURVEY FEET. BY T�� DATE 11 -13 -106 BRADLEY E. STOCKHAM, P.S.M. PSM.#6390 WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A PROFESSIONAL SURVEYOR AND MAPPER. REFERENCE WILSONMILLER DRAWING NUMBER 1 H -21 S2. 7/252006108962 V-.. 01!- TOSBORK -AW -'2-000 -004 -0 PREPARED BY: 1 BRADLEY E. STOCKHAM, P.S.M. L.S.#6390 DATE REVISED 11 -13 -06 - ADDED PARCEL "D" 8.C.L O.R BOOK PAGE 2779 N89100109 "£ 1106.06' , LINE TABLE LINE I LENGTH I BEARING LIOI.1 720.89 N01-27 -02 "W LlU21 04.77 S88'32'58'W CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING cis CONTAINS 58.90 7710'38" 69.39 553'52'47" E -J 1 I 116.10 7316'12" 138.56 S54'25'34 "E U 0.36' ' 216.10 77'216` 270.34 N50'13'12 "E FARCE 791.10 2716'21' 305.59 NOO'21 S89'24.56"W >PA S- 191.10 81'02'28' 248.32 N51' 17 31' W O 6 O CONTAINS O 42.201 N II PARCOELCB^ -J 1 I J SW CORNER OF Q 589'5 1'3 U 0.36' ' to PA& 2796 5.55-+ ACRE FARCE LAKE PARCEL CO POINT NUMBER 322 42.45+ PAA S89'24.56"W >PA S- SO i' 11'28'! I 150.02' 8 u i, v a T-e -S 6 P.O.B. CONTAINS PARCEL "A" 42.201 NW CORNER OF PARCOELCB^ SECTION 7 1 I _ POINT NUMBER 9 N89'51'.12`E SW CORNER OF 1993.62' 589'5 1'3 O.R. BOOK 0.36' ' 249 PAGE 2779- 385 / 2796 12 ARCEL "A CONTAINS 42.201 70 r PARCOELCB^ 1 I 4 SW CORNER OF 2009 PAGE SECTION 7 31 78 FARCE t CO r 42.45+ ACRES P.O.B S89'24.56"W � / NO1'.T3'17'W 32 83 C.0 C, O.R. N 1537 p CONTAINS 90 PAGE 749 ,ono 13 U N89'32'26`E 4 N Lg 4 v ou 7 76o 38 p 375 3E e 387 374 February 13, 2007 Page 49 of 151 �zt ARCEL "A CONTAINS 42.201 1s --ACRES 1 I 17 2 B.C.P. O.R. BOOK 2009 PAGE 29 1546 -1553 31 6 56 FARCE "B" CO NS 42.45+ ACRES P.O.B PARCEL "g. 42.453 ACRES NO1'.T3'17'W 32 83 83.34' 84 86 PARCEL "Cr CONTAINS 90 52 ,9.21± ACRES B.C.P. 92 1 p O.R. BOOK 1900 v PAGE 179 -184 PARCEL "C" CONTAINS 125.46 +/- ACRES (TOTAL) LESS 5.5 ACRE LAKE PARCEL 119.91± ACRES (NET) 7 LANDS RESERVED FOR EARTH MINING AND PROCESSING USES CONTAINS 50.08 ACRES +/- 102 ���S89'44'55 "W/ / v � 109 I L100' L 2676.91' N.01'27.02'w. OIL WELL ROAD 1/4 CORNE 2 1 150.04' P,QAB. (100' RIGHT -OF -WAY) PA.L', SSA O P.O. CE PARCEL ER SECTION CDR. PARCEL �^ POINT NUMBER 253 SE CORNER OF SW CORNER OF GENERAL NOTES: SECTION 13 SECTION 18 1. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS ABBREVIATIONS: OTHERWISE NOTED. O.R. = OFFICIAL RECORD BOOK ! 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED C-E. s COLLIER ENTERPRISES, LTD SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. B.C.I. BARRON COLLIER INVESTMENTS LTD 3. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, B.C.P. = BARRON COLLIER PARTNERSHIP _ TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLDER COUNTY. FLORIDA R.O.W = RIGHT OF WAY BEING SOUTH 89'44'55' WEST. P.O.C. = POINT OF COMMENCEMENT 4. CERTIFICATE OF AUTHORIZATION /LB -43 P.O.B. = POINT OF BEGINNING C.D.C. = COLLIER DEVELOPMENT CORPORATION 0 S00 1000 2000 4000 5. SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF RECORD. SSA 9 OVERALL PARCEL CONTAINS 789.40 ACRES +/- GRAPHIC SCALE 6. THIS SKETCH MAY HAVE BEEN REDUCED. ® RESTORATION PARCEL A" CONTAINS 42.20 ACRES +/- 7. SEE ATTACHED FOR LEGAL DESCRIPTION ® RESTORATION PARCEL "B" CONTAINS 42.45 ACRES +/- 8. POINTS ARE SEQUENTIAL AND LABELED INCREMENTALLY. E4 RESTORATION PARCEL "C CONTAINS 119.91 NET ACRES +/- (125.46 GROSS ACRES + / -) INTERMEDIATE POINT LABELS ARE OMITTED FOR CLARITY. LANDS RESERVED FOR EARTH MINING AND PROCESSING USES CONTAINS 50.08 ACRES +/- 9. REFERENCE WILSONMILLER PCDDCS NUMBER 168962 FOR DESCRIPTION El RESTORATION PARCEL 'Cr CONTAINS 529.21 NET. ACRES +/- 10. SEE SHEET 5 FOR COORDINATE TABLE. Jug 26, 2006 - 08:08:77 JCSC7T)jX : \SUR \03312 \SSA 9 \IH- 21.d.9 ** NOT A SURVEY ** CLIENT: §ArJM COLM pAq5jjjM « SAl" COL PAjtfjjEjti S4 tlll/ilso�tM�ller TITLE SKETCH OF DESCPAP710N OF PART OF SECTION 12. TOWNSHIP 48 SOUTH. RANGE 28 EAST AND SECTIONS 7 AND 18. TOWNSHIP 48 SOUTH, RANGE 29 EAST P1MV1e1H ' 61pxs'>s ' 1500090b . `uYr"M . LWA*MM Anldtab • Trsnportd&n GonpAw b COLLIER COUNTY. FLORIDA 32W8N°TLAnq Bub 200'NWat FiwAi 30✓0.S'85b7•BpJOp r 279-643-f�71G Web91e Me�bm'Ja -.Dorn ATE 3/06 PROJECT NO.: SHEET NUMBER: FILE NO.: 03312 -PO4- 000 -21000 2 OF 5 IN-21S2 Agenda Item No. 17D February 13, 2007 POINT POINT POINT POINT NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING FASTING 1 712804.21 504055.04 100 713763.55 506100.38 200 721697.38 504609.31 300 714413.04 50449169 2 712792.47 501378.16 107 713721.48 506125.22 201 72T740.11 504362.17 301 714409.24 504475.31 3 712942.46 501375.04 102 713673.87 506149.50 202 721768.82 504339.41 302 714404.45 504465.04 4 715479.80 501322.29 103 713673.87 505923.61 203 721772.62 504340.16 303 714370.65 504408.84 5 715493.38 503014.91 104 713388.86 505923.61 204 721790.07 504343.61 305 714267.04 504315.95 6 718f80.95 502959.36 105 71J388.86 506225.18 205 721818.06 504349.15 306 714257.32 504309.09 7 718179.40 502807.73 106 713364.22 506226.78 206 721818.06 504349.15 307 714247.05 504304.30 8 723566.61 502737.98 707 713338.18 506227.68 207 721893.36 504360.09 312 773161.51 504346.51 9 723585.87 503843.87 708 772994.51 506234.03 208 722019.89 504378.48 313 713146.15 504356.10 10 723590.77 505837.49 709 712954.20 50405133 209 722019.92 504378.48 314 713131.64 504373.40 11 723456.97 505803.24 110 712942.46 501375.04 210 722029.68 504378.88 315 713107.70 504421.36 12 723343.69 505794.53 113 718230.06 504798.88 211 722101.13 504381.77 316 713088.01 504481.41 13 722818.37 505940.99 174 778218.48 504794.36 212 722176.67 504381.77 319 713112.75 505386.07 74 722805.79 505900.91 115 718166.80 504783.17 213 722267.00 504361.58 322 713672.21 503928.26 15 722790.98 505905.32 116 718125.04 504773.66 214 722322.66 504349.15 323 713378.57 503922.10 16 721395.56 506304.78 117 718125.04 504773.66 215 722385.82 504325.47 324 713314.47 503922.10 17 720754.42 506495.37 118 778125.04 504773.66 216 722426.86 504370.07 325 713279.87 501975.93 18 720744.79 506485.88 119 778048.06 504719.32 217 722524.49 504257.97 326 713267.53 503890.02 19 720738.29 506476.77 120 717960.12 504657.25 218 722524.49 504257.97 327 713270.00 503832.03 20 720733.37 506469.00 121 717936.82 504638.02 219 722547.47 504222.18 328 713282.33 503704.95 21 720726.50 506467.21 722 717787.90 504510.25 220 722557.31 504740.75 329 713290.97 503664.24 22 720587.62 506468.06 123 717679.52 504425.77 221 722557.31 504740.75 330 713300.84 503644.49 23 720377.09 506558.20 124 717671.15 504390.15 222 722556.95 504736.04 331 713320.58 503635.86 24 720365.21 506563.26 125 717670.71 504388.19 223 722555.39 504133.23 332 773371.76 503632.16 25 720334.55 506574.68 126 717655.26 504318.50 224 722550.58 504718.40 333 713536.49 503633.39 26 720303.21 506584.07 127 777655.26 504318.49 225 722550.58 504718.40 334 713578.24 503626.62 27 720271.33 506597.39 128 717679.52 504769.46 226 722546.29 504102.46 335 773602.00 503632.99 28 720239.03 506596.61 129 777759.47 504041.67 227 722538.32 504072.86 336 773602.00 503632.99 29 720237.25 506596.84 130 717776.06 504015.03 228 722532.35 504050.72 337 713606.05 503632.94 30 719987.00 506628.01 731 717786.80 503997.84 229 722519.34 504029.89 338 713626.74 503636.64 31 779967.71 506629.81 132 777786.80 503997.84 230 722490.71 503972.62 339 713647.89 503637.77 32 719970.17 506623.25 133 718169.02 503995.09 231 722475.09 503930.97 340 773676.08 503639.46 33 719972.07 506613.09 134 718392.92 503995.20 232 722467.28 503881.51 341 713712.17 503641.71 34 719975.88 506599.76 735 718655.57 503995.43 233 722472.48 503852.87 342 713752.49 503641.43 35 719977.79 506585.80 136 719127,58 503995.57 234 722495.91 503839.86 343 713775.62 503641.71 36 779979.06 506571.20 137 719127.71 503995.57 235 722515.96 503837.63 344 713778.18 503641.08 37 779979.06 506536.93 138 719440.56 503995.72 236 722519.34 503837.25 345 713782.01 503643.26 38 779977.15 506527.70 139 719615.64 503995.87 237 722613.06 503837,25 346 713605.45 503640.79 39 719974.61 506495.04 140 719864.49 503995.93 236 722660.61 503835.22 347 713631.36 503638.33 40 719973.34 506469.02 141 719904.63 504110.84 239 722757.64 503831.08 348 713865.91 503637.09 41 719970.80 506437.26 142 719948.81 504237.24 240 722833.45 503827.84 349 713886.88 503629.69 42 719970.80 506408.72 143 779949.26 504238.54 241 72297763 503824.24 350 713905.39 503622.29 43 779970.17 506385.88 144 719949.26 504238.54 242 723045.27 503819.71 351 713923.90 503621.05 44 779968.90 5063 73. 16 145 719949.25 504238.54 243 723120.00 501817.06 352 773946.71 503623.52 45 779965.09 505355.41 146 719949.26 504238.54 244 723284.68 503811.22 353 713972.01 503625.99 46 719961.92 506339.54 147 719947.29 504264.72 245 723423.63 503809.39 354 713995.46 503632.76 47 719953.03 506296.38 148 719948.31 504270.58 246 723482.53 503808.62 355 714077.66 503632.16 48 719951.13 506279.88 149 719950.39 504282.50 247 723565.93 503802.54 356 774039.87 503627.11 49 719949.86 506265.29 150 719955.80 504308.79 248 723582.56 503801.95 357 774079.35 503627.22 50 779948.59 506249.42 151 719960.90 504333.03 249 723585.14 503801.86 358 774091.69 503644.49 51 779947.32 506228.47 152 779961.98 504338.18 253 712954.19 504051.23 359 714099.09 503665.47 52 779945.42 506206.89 153 719966.62 504359.83 254 712947.89 502613.35 360 774101.56 503692.61 53 779945.42 506190.39 154 779967.75 504368.63 255 714152.79 502586.86 361 714106.50 503735.79 54 719945.98 506178.11 755 719970.49 504389.99 256 714324.00 502528.47 362 774108.96 503771.57 55 719945.34 506767.79 156 779972.04 504408.55 257 714688.63 502520.57 363 714110.20 503801.18 56 719946.63 506747.79 157 719973.58 504428.65 256 714896.54 502817.71 364 714105.26 503854.24 57 719950.87 506731.96 158 719974.41 504438.19 259 714958.93 503139.76 365 714107.26 503893.23 58 779945.00 506017.93 759 719975.13 504446.44 260 715248.26 503399.49 366 714089.22 503924.56 59 719902.95 505907.81 160 719977.20 504457.06 261 715418.12 503432.49 367 714011.50 503930.73 60 719945.00 505784.48 161 779980.54 504474.27 262 715505.05 503787.69 368 713828.90 503929.50 61 719966.44 505656.35 162 779982.74 504486.01 263 715532.10 503982.77 369 713674.86 504033.00 62 779949.01 505576.68 163 719985.18 504499.02 264 715632.38 504273.11 370 712978.70 505377.38 63 719904.20 505490.79 764 719989.05 504529.18 265 715650.42 504380.01 371 713113.83 505376.97 64 719823.28 505388.71 165 719989.82 504557.79 266 715466.94 504980.23 372 713086.61 504510.21 65 719725.81 505079.48 166 719989.82 504584.85 267 775479.68 505039.00 373 713241.90 504316.43 66 719697.35 505072.71 167 719989.82 504617.33 268 775572.70 505775.03 374 713627.38 504243.10 67 719647.04 505041.85 768 719992.14 504655.22 269 715777.35 505309.42 375 7139J2.97 504245.04 68 719396.80 504764.63 169 779997.56 504683.06 270 715716.99 505392.53 376 714234.99 504306.49 69 719378.02 504713.24 170 720002.20 504713.99 272 714703.96 505387.63 377 714407.96 504574.25 70 779208.91 504699.61 171 720005.00 504736.97 273 714088.51 505381.27 378 714415.51 504921.60 71 779133.42 504696.12 172 720006.06 504745.70 274 714087.15 505377.30 379 714334.90 505034.30 72 779037.42 504723.50 773 720008.41 504754.92 275 774074.08 505371.83 380 714082.71 505175.23 73 778975.88 504785.74 174 720017.54 504790.84 276 714064.11 505365.23 387 774041.81 505771.28 74 718934.86 504860.42 175 720020.36 504846.78 277 714057.36 505359.05 382 714041.74 505392.70 75 778667.27 504897.29 176 720023.65 504922.06 278 714058.09 505337.04 383 772954.19 504051.25 76 778825.74 504891.29 177 779777.57 505048.72 279 774057.14 505323.59 384 712804.21 504055.04 77 718671.23 504868.22 178 719749.32 505065.49 281 7f4038.44 505272.68 385 723585.87 503843.87 78 778592.63 504856.90 779 723588.01 504774.23 282 714033.64 505208.16 387 713674.86 504033.00 79 778355.31 504611.05 780 723570.28 504715.04 283 714034.84 505122.69 388 778190.86 50.3931.19 80 718298.16 504812.52 181 723553.24 504717.14 285 714065.60 505102.11 81 718260.17 504828.70 782 723527.96 504743.19 286 714090.62 505094.70 82 718033.21 505353.86 183 723427.03 504762.77 288 714179.83 505087.11 83 777829.05 505376.26 184 723260.48 504660.42 289 714203.06 505083.85 84 717649.80 505408.63 185 723219.22 504884.74 290 714251.86 505070.09 85 717553.94 505436.02 786 723733.30 504935.39 291 714286.65 505054.07 86 717469.90 505465.89 187 723088.17 50497764 292 714300.57 505050.02 87 717360.99 505556.77 188 723023.35 505000.52 294 714367.43 505026.84 88 717217.84 505708.64 789 722967.56 505006.97 295 774383.24 505013.21 89 717099.58 505775.86 190 722634.05 505032.86 296 714405.37 504976.38 90 716886.29 505824.67 191 722631.97 505033.02 297 714412.85 504955.59 91 716456.16 505882.53 192 722309.52 505225.2) 299 714417.56 504571.59 92 716046.45 505838.10 793 722219.05 505195.76 93 716025.28 505737.27 194 722007.86 505126.98 94 715969.27 505607.80 195 721629.41 505003.29 95 775741.26 505392.54 196 721645.99 504906.49 SEE SHEETS 1 -4 FOR SIGNATURE AND NOTES. 96 714317.20 505391.85 197 721661.22 504818.41 COORDINATE TABLE 97 714320.97 505754.99 198 727677.35 504759.83 98 714274.43 505779.31 199 721685.79 504679.76 * * NOT A SURVEY 99 714234.96 505802.82 Jul 26, 2006 - 08:0825 JCSOTTYIX: \SUR\03312\SSA 9 \IH- 21.dwq CLIENT: SAMM ^:.OLM K4CMVM « eAr4M COLM PARTNER OW TITLE SKETCH OF DESCRIPTION OH, PART OF wilsmMillei SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST - AND SECTIONS 7 AND 18, TOWNSHIP 4B SOUTH. RANGE 29 EAST AYIYlefrf . 1wroym T/711pertalm C0711dYIIb COLLIER COUNTY. FLORIDA W *= DATE: - PROJECT NO.: SHEET NUMBER: FILE NO.: 3/06 03312 -PC4- 000 -21000 IN-21SI 9pppgWyf r111 ep0.typ6l Fhlyy ,pp nlle�Malelbcau 5 OF 5 Agenda Item No. 17D February 13, 2007 Page 71 of 151 Table 1 SSA 9 BASE CREDIT CALCULATION TABLE Index Value FSA Total Acres HSA Total Acres WRA Total Acres Open Total Acres Total SSA Acres Earth Mining Acres Earth Mining Credits AG2 Acres AG2 Credits 0.9 -Total .- Credits 0.4 0.0 0.0 0.0 9.7 9.7 9.7 1.5 0.1 0.0 1.6 0.6 0.0 0.0 0.0 0.9 0.9 0.1 0.0 0.9 0.5 0.5 0.7 0.1 4.8 0.0 11.0 15.9 11.9 3.3 3.9 2.5 5.8 0.8 0.0 2.4 0.0 0.0 2.4 1.9 0.6 0.61 0.4 1.0 0.9 0.0 0.0 0.0 0.5 0.5 0.0 0.0 0.51 0.4 0.4 1.0 0.1 23.0 0.0 0.0 23.2 24.9 10.0 0.31 0.3 10.3 1.1 0.0 0.0 0.0 3.3 3.3 1.1 0.5 3.31 3.3 3.8 1.2 1.1 27.0 0.0 0.0 28.1 0.5 0.3 27.61 29.8 30.1 1.3 1.2 31.0 0.0 0.0 32.3 0.0 0.0 32.31 37.8 37.8 1.4 2.8 28.0 0.0 8.0 38.8 0.0 0.0 36.71 46.2 46.2 1.5 1.2 22.4 0.8 0.0 24.4 0.0 0.0 23.31 31.5 31.5 1.6 3.0 4.7 1.4 0.0 9.1 0.0 0.0 9.11 13.1 13.1 1.7 0.0 0.0 0.6 0.0 0.6 0.0 0.0 0.61 0.9 0.9 1.8 39.3 4.0 0.3 0.0 43.6 0.0 0.0 43.61 70.6 70.6 1.9 19.8 0.0 0.0 0.7 20.4 0.0 0.0 20.41 34.9 34.9 2.0 0.5 0.6 0.0 0.0 1.1 0.0 0.0 1.11 1.9 1.9 2.1 3.7 2.3 0.9 0.0 6.8 0.0 0.0 6.81 12.9 12.9 2.2 4.5 3.3 0.0 0.0 7.8 0.0 0.0 7.81 15.5 15.5 2.3 42.1 0.5 0.4 0.0 43.0 0.0 0.0 43.0 89.1 89.1 2.4 27.6 0.5 0.9 0.0 28.9 0.0 0.0 28.9 62.5 62.5 2.5 0.5 0.0 34.9 0.0 35.4 0.0 0.0 35.4 79.7 79.7 2.6 15.01 0.01 1.0 0.0 16.0 0.0 0.0 16.0 37.5 37.5 2.7 394.1 0.7 2.31 0.01 397.01 0.01 0.0 397.0 964.8 964.8 556.5 155.21 43.5 34.2 789.4 50.11 16.2 739.31 1536.0 1552.2 Lands > 1.2 555.11 97.91 43.51 8.81 705.31 0.01 0.0 702.1 1498.8 1498.8 Wilsonmiller SSA 9 ('rPdit Agreement ibit F Agenda Item No. 17D February 13, 2007 Page 72 of 151 Table 2 RESTORATION CREDIT CALCULATIONS Restoration Type Acres. '7111" Credits 4.0 per acre "1112" Credits 4.0 per acre . Restoration Credits Flow Way 571.5 2286.0 2286.0 4572.0 Large Mammal 61.0 244.0 244.0 488.0 Wading Bird 58.9 235.6 235.6 471.2 Totals 1 691.41 2765.61 2765.61 5531.2 Table 3 STEWARDSHIP CREDITS GENERATED Credit Source Credits Base Credits 1552.2 Slough Strand Upgrade 8.0 Early Entry Bonus Credits 155.2 Restoration Credits 5531.2 Total 7246.6 Will iller SSA 9 Credit Agreement Exhibit F Agenda Item No. 17D February 13, 2007 Page 73 of 151 EXHIBIT G RESTORATION PROGRAM 1. The purpose of this Restoration Program is to identify the restoration improvements, eligibility criteria, applicable success criteria, and land management measures for Restoration Areas A, B, C, and D of SSA 9. The legal descriptions for these Restoration Areas can be found in Exhibit "E" of the SSA 9 Stewardship Credit Agreement and Exhibit "D" of the SSA 9 Stewardship Easement Agreement. a. Restoration Area A is approximately 42.2 acres in size and is within the Camp Keais Strand FSA as delineated on the RLSA Overlay Map. The restoration improvements will consist of hydrologic restoration improvements that will increase the width of the flow way and functionally enhance the flow way's natural hydrologic regime; and ecological restoration improvements that will control exotic vegetation to improve ecological functions, and plant native species to restore habitats. b. The hydrologic restoration improvements will consist of partially removing perimeter berms to the natural grade of adjacent lands within Restoration Area A (Parcel A of SSA 9 Credit Agreement Exhibit E), sufficient to re- establish the natural flow regime. Grantor will design the location, size, and number of berm alterations necessary to restore the natural flow regime, while minimizing impacts to native tree species on the existing berms. Big Cypress Basin shall determine if the Design is adequate to restore the natural flow regime. Once the Design is determined to be adequate, Grantor shall cause the restoration improvements to be made. The restoration improvements shall be completed within three (3) years of the approval of SSA 9 and /or receipt of the necessary environmental permits for restoration, whichever is later. C. The ecological restoration improvements within Restoration Area A shall consist of controlling exotic and nuisance vegetation (as currently defined by the Florida Exotic Plant Pest Council) to levels less than 5% area coverage; and utilizing natural recruitment and supplemental planting of native canopy, subcanopy, and groundcover species to achieve a minimum of 80% area coverage as depicted and described on Attachment 1. The restoration plan will employ adaptive management principles to adjust planting zones according to the existing natural grade and hydrology of Camp Keais Strand. The primary exotic and nuisance species, water primrose (Ludwigia peruviana) and West Indian marsh grass (Hymenachne amplexicaulis), will be controlled through a - Ve ks CA a3 Agenda Item No. 17D February 13, 2007 Page 74 of 151 combination of mechanical removal, directed herbicide applications, and controlled burning. d. The applicant will notify staff when success criteria have been achieved. Within 90 days of said notification, staff will confirm that the berms have been breached and/or leveled, consistent with the Design, and that ecological restoration improvements have met the minimum criteria listed above. Upon said confirmation by County Staff, success criteria shall be deemed to have been met, and the additional stewardship credits from Restoration Area A shall be available for transfer or utilization by Grantor e. The land management measures for Restoration Area A shall be to control exotics within the 42.2 -acre field. f. Restoration Area B, an abandoned farm field surrounded by perimeter berms, is approximately 42.4 acres in size and is within the limits of the historic Camp Keais Strand flow way, but is not within the Camp Keais FSA. The restoration improvements will consist of: (1) hydrologic restoration improvements that will increase the width of the flow way and functionally enhance the flow way's natural hydrologic regime; (2) ecological restoration improvements that will control exotic vegetation to improve ecological functions; and (3) the supplemental planting of native species to restore habitats. Restoring the field to a natural flow regime within Camp Keais Strand will approximately double the width of the strand at that point. g. The hydrologic restoration improvements will consist of partially removing perimeter berms on the northern, western, and southern portions of the parcel to the natural grade of adjacent lands within Restoration Area B (Parcel B of SSA 9 Credit Agreement Exhibit E), sufficient to re- establish the natural flow regime. A new berm will be constructed along the eastern margin of the parcel to separate this restoration area from an agricultural Water Retention Area (WRA) as shown in Attachment 1. Grantor will design the location, size, and number of berm alterations necessary to restore the natural flow regime, while minimizing impacts to native tree species on the existing berms. Big Cypress Basin shall determine if the Design is adequate. Once the Design is determined to be adequate, Grantor shall cause the restoration improvements to be made. The restoration improvements shall be completed within three (3) years of the approval of SSA 9 and /or receipt of the necessary environmental permits for restoration, whichever is later. h. Ecological improvements within Restoration Area B shall consist of controlling exotic and nuisance vegetation (as currently defined by the Florida Exotic Plant Pest Council) to levels less than 5% area coverage; Agenda Item No. 17D February 13, 2007 Page 75 of 151 and utilizing natural recruitment and planting of native canopy, subcanopy, and groundcover species to achieve a minimum of 80% area coverage as depicted and described on Attachment 1. The restoration plan will employ adaptive management principles to adjust planting zones according to the existing natural grade and hydrology of Camp Keais Strand. The primary exotic and nuisance species, Brazilian pepper (Schinus terebinthifolius), torpedograss (Panicum repens), water primrose and West Indian marsh grass, will be controlled through a combination of mechanical removal, directed herbicide applications, and controlled burning. The applicant will notify staff when success criteria have been achieved. Within 90 days of said notification, staff will confirm that the berms have been breached and /or leveled, consistent with the Design, and that ecological restoration improvements have met the minimum criteria listed above. Upon said confirmation by County Staff, success criteria shall be deemed to have been met, and the additional stewardship credits from Restoration Area B shall be available for transfer or utilization by Grantor. The land management measures for Restoration Area B shall be to control exotics within the 42.4 -acre field. Restoration Area C is approximately 119.9 acres and is within the Camp Keais Strand FSA and a HSA that is contiguous to the Camp Keais Strand FSA. The restoration improvements expand the habitat and widen the Camp Keais Strand wildlife corridor at a critical point for panther movement, just east of a proposed panther /wildlife crossing under Oil Well Road that will occur with the widening of Oil Well Road. The restoration improvements will restore row -crop lands to a matrix of native habitats that provide habitat and cover for the Florida panther and foraging opportunities for wood storks and other listed wading birds. The restoration improvements will consist of removing or partially removing the existing perimeter berms and ditches surrounding the restoration area; re- grading the farm fields to create marsh, wet prairie, cypress, and hydric pine flatwood communities; creating a marsh /littoral zone transition along the lake edge; and controlling exotics such as Brazilian pepper, torpedograss, etc. to less than 5% area coverage. The hydric pine flatwood community will be planted with a shrub understory to provide effective cover for panther movement. See Attachment 2 for Habitat Restoration Area plan. The restoration improvements shall be completed within three (3) years of the approval of SSA 9 and /or receipt of the necessary environmental permits for restoration, whichever is later. M. The applicant will notify staff when success criteria have been achieved. Within 90 days of said notification, staff will confirm that the berms have Agenda Item No. 17D February 13, 2007 Page 76 of 151 been breached and/or leveled, consistent with the Design, and that habitat restoration improvements have met the minimum criteria listed above. Upon said verification and confirmation, success criteria shall be deemed to have been met, and the additional Stewardship Credits from Restoration Area C shall be available for transfer or utilization by Grantor. n. The land management measure shall be the control of exotics and nuisance species, so that there is no more than 5% exotics or 10% nuisance species by area coverage in Restoration Area C. o. Restoration Area D is approximately 529.2 acres and is within the Camp Keais Strand FSA and a HSA that is contiguous to the Camp Keais Strand FSA. This restoration area benefits directly from the hydrologic improvements associated with Restoration Areas A, B, and C, and provides important habitat for panther and other wildlife in the immediate vicinity of the future Oil Well Road wildlife crossing. Ecological restoration improvements shall consist of controlling exotic and nuisance vegetation (as currently defined by the Florida Exotic Plant Pest Council) to levels less than 5% area coverage in perpetuity. The primary exotic and nuisance species, Old World climbing fern (Lygodium microphyllum), Brazilian pepper, water primrose, and West Indian marsh grass, will be controlled through a combination of mechanical removal, directed herbicide applications, and controlled burning. P. The estimated annual costs of the land management measures for Restoration Areas A, B, C, and D are $50,000. Owner shall procure, at its election, either a bond or letter of credit ( "Surety ") on an annual basis in favor of the Grantees in an amount equal to 120% of the annual costs of the land management measures. This obligation shall start 30 days after Grantor has received notice from the County that any Stewardship Credits from restoration improvements for SSA 9 restoration areas are available and have been authorized, and the obligation shall end 10 years after the start date, or at such date as a governmental entity or established conservation organization undertakes the land management measures. q. In the event Grantor fails to maintain any of the Restoration Areas according to the land management measures set forth herein, County shall have the right to draw upon the Surety after 60 days written notice to Grantor with a right to cure and a failure of Owner to undertake cure within said 60 days. The County shall only be permitted to use the drawn Surety funds for the maintenance of the Restoration Areas in accordance with the land management measures set forth herein. In the event the Grantor fails to annually provide the Surety and fails to maintain the Restoration Areas pursuant to the land management Agenda Item No. 17D February 13, 2007 Page 77 of 151 measures set forth herein, the Grantees, or either of them, may conduct such land management measures and lien the Restoration Areas for the cost of maintaining the Restoration Areas pursuant to the land management measures set forth herein. The County may pursue its rights against the Grantor under the Stewardship Easement for breach thereof or foreclose its lien on the Restoration Areas. 6 I 1 F I: 4 I \ r I 1 F I ® ® ®® r �w� m ® ©� ®m ®� Fee; EASEMENT AGREEMENT 20, tip WilsvnMiller EXHIBIT G - ATTACHMENT 2 Agenda Item No. 17D February 13, 2007 Page 80 of 151 NOTE SSA 9 CREDIT AGREEMENT "EXHIBIT H" IS THE STEWARDHIP EASEMENT AGREEMENT AND ALL INCLUDED EXHIBITS PLEASE SEE STEWARDHIP EASEMENT AGREEMENT SSA 9 - CREDIT AGREEMENT wilsonmiller E x b i b i t 1 - 2 0-0 6 N R 1 S c o r e s Agenda Item No. 17D February 13, 2007 Page 82 of 151 This Instrument Prepared by: George L. Varnadoe, Esq. Cheffy, Passidomo, Wilson & Johnson 821 Fifth Avenue South, Suite 201 Naples, Florida 34102 STEWARDSHIP EASEMENT AGREEMENT (BCI /BCP SSA 9) THIS STEWARDSHIP EASEMENT is granted this day of , 2007, by Barron Collier Investments, Ltd., a Florida Limited partnership and Barron Collier Partnership, a Florida General Partnership, whose address is 2600 Golden Gate Parkway, Naples, Florida 34105, hereinafter collectively called "Grantor ", to Collier County, a political subdivision of the State of Florida, and Florida Department of Agriculture and Consumer Affairs, hereinafter collectively called the "Grantees ". RECITALS A. Grantor is the owner of approximately 789.4 acres of land situated in Collier County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter "Property" or "BCI /BCP SSA 9 "). B. Grantor and Collier County entered into a Stewardship Sending Area Credit Agreement ( "SSA Agreement ") of even date herewith, which designated the Property "BCI /BCP Stewardship Sending Area 9 ( "BCI /BCP SSA 9). This 789.4 acre parcel, as legally described in Exhibit "A ", has been designated as a "Stewardship Sending Area" ( "SSA ") in accordance with Section 4.08.06 of the Collier County Land Development Code ( "LDC "). The Property is depicted on Exhibit "B ". C. The SSA Agreement and Section 4.08.06 C.8. of the LDC require Grantor to provide a perpetual Stewardship Easement identifying the specific land management measures for BCI /BCP SSA 9 and the party responsible for such measures. D. In exchange for the designation of the Property as a SSA, the County has authorized, granted and assigned to Grantor seven thousand two hundred forty -six and six tenths (7246.6) Stewardship Credits, of which two thousand seven hundred sixty -five and six tenths (2765.6) credits are authorized as Restoration Stewardship Credits and are not available for Agenda Item No. 17D February 13, 2007 Page 83 of 151 transfer until success criteria are met as set forth in the SSA Agreement. When available for transfer, the total seven thousand two hundred forty -six and six tenths (7246.6) Stewardship Credits will allow Grantor to entitle nine hundred five and eight tenths acres (905.8) acres for development within the Rural Lands Stewardship Area District. E. The purposes of this Stewardship Easement are (1) to designate the allowed uses of the Property consistent with the terms of the SSA Agreement, (2) to identify specific land management measures and the party responsible, (3) to provide for the enforcement of the Stewardship Easement; and (4) in the areas to be restored by Grantor, to provide the restoration improvements and success criteria. NOW THEREFORE, in consideration of the designation of the Property as Stewardship Sending area, together with other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, conveys and establishes a perpetual nonexclusive Stewardship Easement for and in favor of the Grantees upon the property described in Exhibit "A ", which shall run with the land and be binding upon the Grantor, its successors and assigns and shall remain in full force and effect forever. It is agreed as follows: 1. The recitals and exhibits are incorporated by reference as if repeated verbatim herein. 2. Exhibit "C" depicts and Exhibit "D" describes the seven hundred and thirty nine and three tenths (739.3) acres within BCI /BCP SSA 9 where the following six (6) Land Use Layers are eliminated and the Property is henceforth prohibited from being utilized for the following land uses, as defined in Section 4.08.06 B.4. of the LDC: a. Residential Land Uses, also described as Land Use Layer 1. b. General Conditional Uses, also described as Land Use Layer 2. c. Earth Mining and Processing Uses, also described as Land Use Layer 3. d. Recreational Uses, also described as Land Use layer 4 e. Agriculture - Group 1, also described as Land Use Layer 5. f. Agriculture - Support Uses, also described as Land Use layer 6. Agenda Item No. 17D February 13, 2007 Page 84 of 151 3. Exhibit "C" also depicts and Exhibit "D" also describes the fifty and one tenth (50.1) acres within BCI /BCP SSA 9 where the following two (2) Land Use Layers are eliminated and the property is henceforth prohibited from being utilized for the following land uses, as defined in Section 4.08.06 B.4 of the LDC: a. Residential Land Uses, also described as Land Use Layer 1. b. General Conditional Uses, also described as Land Use Layer 2. 4. Grantor reserves all rights as Grantor of the Property, including the right to engage in uses of the Property that are not inconsistent with the SSA Agreement or the intent and purposes of this Stewardship Easement. Grantor may use BCI /BCP SSA 9 only for the land uses set forth in this paragraph: a. Conservation, Restoration, and Natural Resources Uses are allowed on all of the Property, including the specifics thereof set forth in Section 4.08.06 BA.b. of the LDC. b. These lands in BCI /BCP SSA 9 land depicted on Exhibit "C" as having had the first six (6) Land Use Layers eliminated, may also be used for Agriculture - Group 2 (Land Use Layer 7) as defined in Section 4.08.06 B.4 of the LDC. Agriculture - Group 2 uses cannot be converted to Agriculture - Group 1 from and after the designation of such lands as a SSA. c. These lands in BCI /BCP SSA 9 land depicted on Exhibit "C" as having had the first two (2) Land Use Layers eliminated, may also be used for Earth Mining (Land Use Layer 3); Recreational Uses (Land Use Layer 4); Agriculture - Group 1 (Land Use Layer 5); Agriculture — Support Uses (Land Use Layer 6); Agriculture - Group 2 (Land Use Layer 7) as defined in Section 4.08.06 B.4 of the LDC. d. Grantor retains the right to construct and maintain farm and ranch roads to access its lands within the Property for the purposes retained herein. e. Grantor retains the right to engage in traditional activities on the Property, such as, but not limited to hiking, hunting, nature observatory and other eco- observation excursions, and other such occasional non - destructive activities. 5. The Grantees shall have the right to enjoin any activity on or use of the Property that is inconsistent with this Stewardship Easement and to enforce the restoration of such areas or features of the Property that may be altered by any inconsistent activity or use. Agenda Item No. 17D February 13, 2007 Page 85 of 151 6. The following land management measures shall be undertaken as to BCI /BCP SSA 9 and the Grantor, its successors and assigns, of the fee title to the Property shall be the party responsible for such measures: a. On those lands within BCI /BCP SSA 9 on which Agriculture - Group 2 uses are the only remaining agricultural uses, land management measures will be those customarily utilized in ranching operations in Southwest Florida. These customary measures may include brush clearing, mechanical brush control ( "Chopping ") prescribed burning, other exotic and nuisance species control, fence construction and maintenance, silvicultural management, and berm, ditch and ranch road maintenance. b. On those lands within BCI /BCP SSA 9 on which only Residential and General Conditional Uses are eliminated, land management measures include mowing, mechanical brush control, other exotic and nuisance species control, berm maintenance, and general landscaping of the area surrounding the South Grove Lake excavation. c. For those areas to be designated for restoration and to be restored by Grantor, additional land management measures will be required. The areas designated for restoration which are to be restored by Grantor are referred to as Restoration Areas A, B, C, and D respectively and depicted on Exhibit "E" and described in Exhibit "F ". The additional land management measures which are required after restoration improvements are set forth in the Restoration Program described in Exhibit "G" hereof. 7. The required restoration improvements, success criteria, land management measures and other commitments of Grantor in respect to Restoration Areas A, B, C, and D are contained in the Restoration Program. 8. Grantees shall not be responsible for any costs or liabilities related to the operation of or land management measures for the Property. 9. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. 10. References to the LDC are to those provisions of Section 4.08.06 of the Collier County Land Development Code in existence as of the date of this Stewardship Easement Agreement and those LDC provisions shall control as to all rights, obligations, implementation, entitlements, land uses eliminated and permitted, and interpretations, requirements, or issues relating thereto, notwithstanding any future amendments thereto. Agenda Item No. 17D February 13, 2007 Page 86 of 151 11. Enforcement of the terms and provisions of the Stewardship Easement shall be at the reasonable discretion of Grantees, and any forbearance on behalf of Grantees to exercise its rights hereunder in the event of any breach hereof by Grantors, shall not be deemed or construed to be a waiver of Grantees' rights hereunder. All costs and reasonable attorneys' fees incurred in enforcing, judicially or otherwise, the terms and restrictions of this Stewardship Easement shall be borne by and recoverable against the non - prevailing party in such proceedings. 12. Grantees will hold this Stewardship Easement for the purposes set forth herein and to ensure compliance with the terms hereof. Grantees will not assign their rights and obligations under this Stewardship Easement except to another organization qualified to hold such interests under the applicable state laws. 13. If any provision of this Stewardship Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Stewardship Easement shall not be affected thereby, so long as the purpose of the Stewardship Easement is preserved. 14. 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. 15. This Stewardship Easement may be amended, altered, released or revoked only by written agreement of both Grantor and Grantees, which shall be filed in the Public Records of Collier County. TO HAVE AND TO HOLD unto grantees, their successors and assigns forever. These covenants, terms, conditions, restrictions and purposes imposed with this Stewardship Easement shall not only be binding upon Grantor, but also its successors and assigns, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with Grantees that Grantor is lawfully seized of the Property in fee simple; that the Property is free and clear of all encumbrances; that Grantor has good right and lawful authority to convey this Stewardship Easement; and that Grantor hereby fully warrants title to the Stewardship Easement hereby conveyed and will defend same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day of , 2007. WITNESS: Name Signature Name Signature Agenda Item No. 17D February 13, 2007 Page 87 of 151 GRANTEES' ACCEPTANCE OF STEWARDSHIP EASEMENT FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER AFFAIRS By: Print Name Its: Agenda Item No. 17D February 13, 2007 Page 88 of 151 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Easement Agreement was executed before me this day of of the Florida Department of Agriculture and Consumer Affairs. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: in Jeff E. Wright Assistant County Attorney WITNESS: (Signature) (Print full name) (Signature) (Print full name) Notary Public Name Certificate No. My Commission Expires BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James Coletta, Chairman BARRON COLLIER INVESTMENTS, LTD. A Florida Limited Partnership By: Paul J. Marinelli Administrative Agent WITNESS: (Signature) (Print full name) (Signature) (Print full name) WITNESS: (Signature) (Print full name) (Signature) (Print full name) Agenda Item No. 17D February 13, 2007 Page 89 of 151 BARRON COLLIER INVESTMENTS, LTD. A Florida Limited Partnership 0 Katherine G. Sproul, Trustee Juliet C. Sproul Testamentary Trust A General Partner BARRON COLLIER PARTNERSHIP, A Florida General Partnership By: Paul J. Marinelli Administrative Agent Agenda Item No. 17D February 13, 2007 Page 90 of 151 WITNESS: BARRON COLLIER PARTNERSHIP, A Florida General Partnership By: (Signature) Katherine G. Sproul, Trustee Juliet C. Sproul Testamentary Trust A General Partner (Print full name) (Signature) (Print full name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Easement Agreement was executed before me this day of , 2007, by PAUL J. MARINELLI, as Administrative Agent of BARRON COLLIER INVESTMENTS, LTD. Notary Public Name: Certificate No. My Commission expires: Agenda Item No. 17D February 13, 2007 Page 91 of 151 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Easement Agreement was executed before me this day of , 2007, by KATHERINE G. SPROUL, as Trustee for the Juliet C. Sproul Testamentary Trust, a General Partner of BARRON COLLIER INVESTMENTS, LTD. Notary Public Name: Certificate No. My Commission expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Easement Agreement was executed before me this day of , 2007, by PAUL J. MARINELLI, as Administrative Agent of BARRON COLLIER PARTNERSHIP Notary Public Name: Certificate No. My Commission expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Easement Agreement was executed before me this day of , 2007, by KATHERINE G. SPROUL, as Trustee for the Juliet C. Sproul Testamentary Trust, a General Partner of BARRON COLLIER PARTNERSHIP. Notary Public Name: Certificate No. My Commission expires: Agenda item No. 17D February 13, 2007 Page 92 of 151 LIST OF EXHIBITS BCI /BCP Stewardship Sending Area 9 Stewardship Easement Agreement Exhibit "A" SSA 9 Land Legal Description Exhibit "B" BCI /BCP SSA 9 (789.4 acre parcel) depicted on Map of SSA Land Exhibit "C" Retained Land Uses Exhibit "D" Legal Description of SSA 9 Retained Land Uses (AG -2 / Earth Mining and Processing Uses) Exhibit "E" SSA 9 Restoration Areas Exhibit "F" Legal Description of SSA 9 Restoration Areas Exhibit "G" SSA 9 Restoration Plan Agenda Item No. 17D February 13, 2007 Page 93 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 28 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA. (SSA9 — 789.40 ACRES) ALL THAT PART OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST AND SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. (POINT NUMBER 1, NORTHING 712804.21, EASTING 504055.05); THENCE RUNNING ALONG THE SOUTH LINE OF SAID SECTION 13 SOUTH 89044,55" WEST 2676.91 FEET TO THE SOUTH'/ CORNER OF SAID SECTION 13 (POINT NUMBER 2, NORTHING 712792.47, EASTING 501378.16); THENCE LEAVING SAID SOUTH LINE OF SECTION 13, NORTH 01 °11'28" WEST 150.02 FEET ALONG THE SOUHTHERLY EXTENSION OF THE WEST LINE OF A PARCEL DESCRIBED IN O.R. BOOK 2493, PAGE 2779 -2796 TO THE POINT OF INTERSECTION WITH A LINE LYING 100 FEET NORTH OF AND PARALLEL TO THE NORTH LINE OF OIL WELL ROAD (100' RIGHT -OF -WAY), AND TO THE POINT OF BEGINNING (POINT NUMBER 3, NORTHING 712942.46, EASTING 501375.04); THENCE CONTINUE ALONG THE WEST LINE OF A PARCEL DESCRIBED IN O.R. BOOK 2493 PAGES 2779 -2796 NORTH 01 011'28" WEST 2537.89 FEET TO THE NORTHWEST CORNER OF SAID PARCEL (POINT NUMBER 4, NORTHING 715479.80, EASTING 501322.29); THENCE NORTH 89 °32'26" EAST 1692.67 FEET ALONG THE NORTH LINE OF SAID PARCEL AND CONTINUING ALONG THE NORTH LINE OF A PARCEL DESCRIBED IN O.R. BOOK 2009, PAGES 1554 -1558 TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN O.R. BOOK 2493, PAGES 2779 -2796 (POINT NUMBER 5, NORTHING 715493.38, EASTING 503014.91); THENCE ALONG THE WEST LINE OF SAID LANDS DESCRIBED IN O.R. BOOK 2493, PAGES 2779- 2796, NORTH 01 011'02" WEST 2688.15 FEET TO THE NORTHWEST CORNER OF SAID LANDS, SAID POINT ALSO BEING A POINT ON THE SOUTH LINE OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 28 EAST COLLIER COUNTY, FLORIDA (POINT NUMBER 6, NORTHING 718180.95, EASTING 502959.36); THENCE ALONG SAID SOUTH LINE OF SECTION 12 SOUTH 89 024'56" WEST 151.63 FEET TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN O.R. BOOK 2493, PAGE 2779 -2796 (POINT NUMBER 7, NORTHING 718179.41, EASTING 502807.74); THENCE ALONG THE WEST LINE OF SAID PARCEL NORTH 00 044'30" WEST 5387.66 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND A POINT ON THE SOUTH LINE OF SECTION 1, TOWNSHIP 48 SOUTH, RANGE 28 EAST COLLIER COUNTY, FLORIDA (POINT NUMBER 8, NORTHING 723566.62, EASTING 502737.98); 712612006- 165833 Ver 011- JCSOTTY CA.3 03312 -SO4- 040 - V W RK- 28783 Agenda Item No. 17D February 13, 2007 Page 94 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 2 OF 6 THENCE ALONG SAID SOUTH LINE NORTH 89 000'09" EAST 1106.06 FEET TO THE SOUTHWEST CORNER OF SECTION 6 TOWNSHIP 48 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA (POINT NUMBER 9, NORTHING 723585.87, EASTING 503843.88); THENCE ALONG THE SOUTH LINE OF SAID SECTION 6 NORTH 89 051'32" EAST 1993.62 FEET (POINT NUMBER 10, NORTHING 723590.78, EASTING 505837.49); THENCE LEAVING SAID LINE IN STRAIGHT LINE SEGEMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBER 11 THROUGH 107 INCLUSIVE): POINT NUMBER 11, NORTHING 723456.97, EASTING 505803.24 POINT NUMBER 12, NORTHING 723343.69, EASTING 505794.53 POINT NUMBER 13, NORTHING 722818.37, EASTING 505940.99 POINT NUMBER 14, NORTHING 722805.79, EASTING 505900.91 POINT NUMBER 15, NORTHING 722790.98, EASTING 505905.32 POINT NUMBER 16, NORTHING 721395.56, EASTING 506304.78 POINT NUMBER 17, NORTHING 720754.42, EASTING 506495.37 POINT NUMBER 18, NORTHING 720744.19, EASTING 506485.88 POINT NUMBER 19, NORTHING 720738.29, EASTING 506476.77 POINT NUMBER 20, NORTHING 720733.37, EASTING 506469.00 POINT NUMBER 21, NORTHING 720726.50, EASTING 506467.21 POINT NUMBER 22, NORTHING 720581.62, EASTING 506468.06 POINT NUMBER 23, NORTHING 720377.09, EASTING 506558.20 POINT NUMBER 24, NORTHING 720365.21, EASTING 506563.26 POINT NUMBER 25, NORTHING 720334.55, EASTING 506574.68 POINT NUMBER 26, NORTHING 720303.21, EASTING 506584.07 POINT NUMBER 27, NORTHING 720271.33, EASTING 506591.39 POINT NUMBER 28, NORTHING 720239.03, EASTING 506596.61 POINT NUMBER 29, NORTHING 720237.25, EASTING 506596.84 POINT NUMBER 30, NORTHING 719987.00, EASTING 506628.01 POINT NUMBER 31, NORTHING 719967.71, EASTING 506629.81 POINT NUMBER 32, NORTHING 719970.17, EASTING 506623.25 POINT NUMBER 33, NORTHING 719972.07, EASTING 506613.09 POINT NUMBER 34, NORTHING 719975.88, EASTING 506599.76 POINT NUMBER 35, NORTHING 719977.79, EASTING 506585.80 POINT NUMBER 36, NORTHING 719979.06, EASTING 506571.20 POINT NUMBER 37, NORTHING 719979.06, EASTING 506536.93 POINT NUMBER 38, NORTHING 719977.15, EASTING 506521.70 POINT NUMBER 39, NORTHING 719974.61, EASTING 506495.04 POINT NUMBER 40, NORTHING 719973.34, EASTING 506469.02 POINT NUMBER 41, NORTHING 719970.80, EASTING 506437.28 POINT NUMBER 42, NORTHING 719970.80, EASTING 506408.72 POINT NUMBER 43, NORTHING 719970.17, EASTING 506385.88 POINT NUMBER 44, NORTHING 719968.90, EASTING 506373.18 POINT NUMBER 45, NORTHING 719965.09, EASTING 506355.41 728!2008- 185933 Ver 01!- JCSOTTY 'n 3 33312 -SO4 -040- V W RK- 28783 Agenda Item No. 17D February 13, 2007 Page 95 Of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 3 OF 6 POINT NUMBER 46, NORTHING 719961.92, EASTING 506339.54 POINT NUMBER 47, NORTHING 719953.03, EASTING 506296.38 POINT NUMBER 48, NORTHING 719951.13, EASTING 506279.88 POINT NUMBER 49, NORTHING 719949.86, EASTING 506265.29 POINT NUMBER 50, NORTHING 719948.59, EASTING 506249.42 POINT NUMBER 51, NORTHING 719947.32, EASTING 506228.47 POINT NUMBER 52, NORTHING 719945.42, EASTING 506206.89 POINT NUMBER 53, NORTHING 719945.42, EASTING 506190.39 POINT NUMBER 54, NORTHING 719945.98, EASTING 506178.11 POINT NUMBER 55, NORTHING 719945.34, EASTING 506167.79 POINT NUMBER 56, NORTHING 719946.63, EASTING 506147.79 POINT NUMBER 57, NORTHING 719950.87, EASTING 506131.96 POINT NUMBER 58, NORTHING 719945.00, EASTING 506017.93 POINT NUMBER 59, NORTHING 719902.95, EASTING 505907.81 POINT NUMBER 60, NORTHING 719945.00, EASTING 505784.48 POINT NUMBER 61, NORTHING 719966.44, EASTING 505656.35 POINT NUMBER 62, NORTHING 719949.01, EASTING 505576.68 POINT NUMBER 63, NORTHING 719904.20, EASTING 505490.79 POINT NUMBER 64, NORTHING 719823.28, EASTING 505388.71 POINT NUMBER 65, NORTHING 719725.81, EASTING 505079.48 POINT NUMBER 66, NORTHING 719691.35, EASTING 505072.71 POINT NUMBER 67, NORTHING 719647.04, EASTING 505041.85 POINT NUMBER 68, NORTHING 719396.80, EASTING 504764.63 POINT NUMBER 69, NORTHING 719318.02, EASTING 504713.24 POINT NUMBER 70, NORTHING 719208.91, EASTING 504699.61 POINT NUMBER 71, NORTHING 719133.42, EASTING 504696.12 POINT NUMBER 72, NORTHING 719037.42, EASTING 504723.50 POINT NUMBER 73, NORTHING 718975.88, EASTING 504785.14 POINT NUMBER 74, NORTHING 718934.86, EASTING 504860.42 POINT NUMBER 75, NORTHING 718887.27, EASTING 504891.29 POINT NUMBER 76, NORTHING 718825.74, EASTING 504891.29 POINT NUMBER 77, NORTHING 718671.23, EASTING 504868.22 POINT NUMBER 78, NORTHING 718592.63, EASTING 504856.90 POINT NUMBER 79, NORTHING 718355.31, EASTING 504821.05 POINT NUMBER 80, NORTHING 718298.16, EASTING 504812.52 POINT NUMBER 81, NORTHING 718260.17, EASTING 504828.70 POINT NUMBER 82, NORTHING 718033.21, EASTING 505353.86 POINT NUMBER 83, NORTHING 717829.05, EASTING 505376.26 POINT NUMBER 84, NORTHING 717649.80, EASTING 505408.63 POINT NUMBER 85, NORTHING 717553.94, EASTING 505436.02 POINT NUMBER 86, NORTHING 717469.90, EASTING 505465.89 POINT NUMBER 87, NORTHING 717360.99, EASTING 505556.77 POINT NUMBER 88, NORTHING 717217.84, EASTING 505708.64 POINT NUMBER 89, NORTHING 717099.58, EASTING 505775.86 712612006- 165933 Ver 011- JCSOTTY CA# 03312 -SO4 -040- V W RK- 28783 Agenda Item No. 17D February 13, 2007 Page 96 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 4 OF 6 POINT NUMBER 90, NORTHING 716886.29, EASTING 505824.67 POINT NUMBER 91, NORTHING 716456.16, EASTING 505882.53 POINT NUMBER 92, NORTHING 716046.45, EASTING 505838.10 POINT NUMBER 93, NORTHING 716025.28, EASTING 505737.27 POINT NUMBER 94, NORTHING 715969.27, EASTING 505607.80 POINT NUMBER 95, NORTHING 715741.26, EASTING 505392.54 POINT NUMBER 96, NORTHING 714317.20, EASTING 505391.85 POINT NUMBER 97, NORTHING 714320.97, EASTING 505754.99 POINT NUMBER 98, NORTHING 714274.43, EASTING 505779.31 POINT NUMBER 99, NORTHING 714234.96, EASTING 505802.82 POINT NUMBER 100, NORTHING 713763.55, EASTING 506100.38 POINT NUMBER 101, NORTHING 713721.48, EASTING 506125.22 POINT NUMBER 102, NORTHING 713673.87, EASTING 506149.50 POINT NUMBER 103, NORTHING 713673.87, EASTING 505923.61 POINT NUMBER 104, NORTHING 713388.86, EASTING 505923.61 POINT NUMBER 105, NORTHING 713388.86, EASTING 506225.18 POINT NUMBER 106, NORTHING 713364.22, EASTING 506226.78 POINT NUMBER 107, NORTHING 713338.18, EASTING 506227.68; THENCE SOUTH 01 003'33" EAST 343.73 FEET TO A POINT ON A LINE 100 FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF OIL WELL ROAD (100 FOOT RIGHT OF WAY) (POINT NUMBER 108, NORTHING 712994.51, EASTING 506234.03); THENCE ALONG SAID LINE SOUTH 88 056'28" WEST 2181.07 FEET (POINT NUMBER 109, NORTHING 712954.20, EASTING 504053.33); THENCE SOUTH 89 044'55" WEST 2678.32 FEET TO THE POINT OF BEGINNING. CONTAINING 789.40 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING SOUTH 88 °56'28» WEST. 7128!2008- 185933 V- 01!- JCSOTTY ;A.3 33312 -SO4- 040 - VWRK- 28783 Agenda Item No. 17D February 13, 2007 Page 97 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 5 OF 6 SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING SOUTH 88 °56'28" WEST. STATEMENT OF DEFINITION, ACCURACY AND COORDINATE BASIS 1. DEFINITION: A. THE EXTERIOR BOUNDS OF S.S.A. 9 ARE BASED ON STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "A "(REFERENCE WILSONMILLER DRAWING NUMBER 1H -21). 2. ACCURACY: A. THESE LINES ARE BASED ON INTERPRETATIONS FROM AERIAL PHOTOGRAPHS HAVING THE FOLLOWING PARAMETERS: 1. DATE OF PHOTOGRAPHY: 4/23/03 2. NEGATIVE SCALE: 1:36000 3. PIXEL DIAMETER: 2.5' 4. TARGET SCALE: 1"=500' 5. SCALE NOT TO EXCEED 1 " =500'. 6. THIS IMAGERY HAS NOT BEEN ORTHO CORRECTED IN ORDER TO MEET MINIMUM TECHNICAL STANDARDS OR NATIONAL MAP ACCURACY STANDARDS. 7. VERTICAL ELEVATION CHANGES WILL CAUSE HORIZONTAL DISPLACEMENT. EVERY EFFORT HAS BEEN MADE TO MINIMIZE THIS EFFECT FOR CRITICAL FEATURES. 8. IN AREAS WHERE TALL STRUCTURES OR TREES LEAN TO OBSTRUCT FEATURES, EXPOSURES WERE MOSAICKED IN AN EFFORT TO MINIMIZE THE EFFECT. 9. THIS PRODUCT IS SIMILAR IN ACCURACY TO RECTIFIED ENLARGEMENTS, EXCEPT PROVIDED IN A DIGITAL FORMAT. B. BASED ON THESE PARAMETERS, THE LINES DEPICTED IN THIS DIGITAL FILE HAVE AN ESTIMATED POSITIONAL ACCURACY OF +/- 20 FEET. C. MINOR DIFFERENCES IN POSITION AND ACREAGE BETWEEN THIS DESCRIPTION AND OTHER FORMATS CAN BE ATTRIBUTED TO COORDINATE PROJECTION AND SOFTWARE ACCURACY PARAMETERS. 3. COORDINATE BASIS: 7126/2008 - 165933 V., 011- JCSOTTY CAWS 03312 - 504 -040- VWRK -28783 l ll o 1 / r* New Directions In Planning, Design & Engineering OESCRMON OF LANDS LYING. WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY. FLORIDA SHEET 6 OF 6 Agenda Item No. 17D February 13, 2007 Page 98 of 151 THE LINES DEPICTED HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83, GRS80, US SURVEY FEET. BY �2c 4. � '/ /'"'� DATE �( B -C%6 BRADLEY E. STOCICHAM, P.S.M. PSM.#6390 WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A PROFESSIONAL SURVEYOR AND MAPPER. REFERENCE WILSONMILLER DRAWING NUMBER 1H- 21.S1. — . 203-166= ve " -Jcsom a 12- SO4-040.YWRK -28783 Alpanr,I-p February 13, 2007 T-48 —S 6 Page 99 f 151 PREPARED BY: ) e.0 I. O.R. BOOK 2493 1 W PACE 2779 ( �J C A BRADLEY E. STO HAM, P.S.M. L.S.#6390 DATE N89'5 1'32 "E N69'00'09 "E 1993.62' 1106.06' B.C.I. O.R. BOOK 2493 PAGE 2779- 8 9 2796 tt 12 1J 1 U 4 m V T 1Z rn B.C.P. O.R. BOOK 2009 PAGE 29 1546 -1553 64 61 58 31 1 68 65 70 774 76 78 7 S89 *24'56"W ' 82 151.63' 4- f/ 83 84 86 C.D.C. O.R. N as O 1537 PAGE 749 90 O U CN 13 B.C.P. II 92 •� p O.R. BOOK 1900 1 v PAGE 179 -184 N89'32'26 "E 95 J Q N U V) u v Eo fo 97 PALS 8�1 � / V 102 1 105 501' I 1'28 _ £ 0 750.02' I r / 7. 0 M 109 "W� S89'44'S5 OIL WELL ROAD 2676.91 ' 100' (700' RIGHT -OF -WAY) 1/4 CORNE 2 P.OQ >lQI1 0 SECTION COR. SE CORNER OF GENERAL NOTES: SECTION 13 I. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS ABBREVIATIONS: OTHERWISE NOTED. O.R. - OFFICIAL RECORD BOOK 2. NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED C.E. - COLLIER ENTERPRISES, LTD SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. B.C.I. - BARRON COLLIER INVESTMENTS LTD 3. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA B.C.P. = BARRON COLLIER PARTNERSHIP R.O.W = RIGHT OF WAY BEING SOUTH 89'44'55* WEST. P.O.C. = POINT OF COMMENCEMENT 4, CERTIFICATE OF AUTHORIZATION OLB -43 P.O.B. = POINT OF BEGINNING C.D.C. - COLLIER DEVELOPMENT CORPORATION 5. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF 6. RECORD. THIS SKETCH MAY HAVE BEEN REDUCED. 0 500 1000 2000 4000 7. SEE ATTACHED FOR LEGAL DESCRIPTION GRAPHIC SCALE 8. POINTS ARE SEQUENTIAL AND LABELED INCREMENTALLY, PARCEL DESCRIBED SSA# 9 INTERMEDIATE POINT LABELS ARE OMITTED FOR CLARITY. 789.40 ACRES +/— 9. REFERENCE WILSONMILLER PCDOCS NUMBER 165933 FOR DESCRIPTION ** NOT A SURVEY +* 10. SEE SHEET 5 FOR COORDINATE TABLE. Jul 26, 2006 - 08:08:25 JCSOTTYIX: \SUR \03312 \SSA 9 \1H- 21.dwg nrr.h= - rttalaanw 4 ` rslc- n.�".rr.r.1a MR CLIENT: �= �11M t � i WWI so 1m TITLE: PAW OF V, 1 S SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST AND SECTIONS 7 TOWNSHIP P1B/t1e7II . FUnas • Eccbpeb . Su-y— • Landscape AnNoch . Tra_po -Wm C- K4Tkny AND 18, 4B SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA 4Vd omfer,, Inc DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: Fpf Afpp• Bertsch • aOdaft • Tj4p• Tatheme. P"m CRY Bach 3COO BdeY LaA0.51sTsn• NepAmFbi< i941D5-&' A7• Male7JD•BIB•4PA7•Fi17JDfi413716• w.b -3i. ttrewhorn,kroom 3/06 03312 -PO4- 000 -21000 1 OF 5 iN -21S1 Agenda Item N0. 17D February 13, 2007 POINT POINT POINT POINT NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING t 712804.21 504055.04 700 713763.55 506100.38 200 721697.38 504609.31 300 714413.04 504493.69 2 712792.47 501378.16 101 713721.48 506125.22 201 721740.11 504362.17 301 714409.24 504475.37 3 712942.46 501375.04 102 713673.87 506149.50 202 721768.82 504339.41 302 714404.45 504465.04 4 715479.80 507322.29 103 713673.87 505923.61 203 721772.62 504340.16 303 714370.65 504408.84 5 715493.38 503014.91 104 773388.86 505923.61 204 721790.07 504343.61 305 714257.04 504315.95 6 718180.95 502959.36 105 713388.86 506225.78 205 727818 -06 504349.15 306 714257.32 504309.09 7 718179.40 502807.73 106 713364.22 506226.78 206 721818.06 504349.15 307 714247.05 504304.30 8 723566.61 502737.98 107 713338.78 506227.68 207 721893.36 504360.09 372 713161.51 504346.51 9 723585.87 503843.87 108 712994.51 506234.03 208 722019.89 504378.48 313 713146.15 504356.10 10 723590.77 505837.49 109 712954.20 50405133 209 722019.92 504378.48 314 713131.64 504373.40 11 723456.97 505803.24 110 712942.46 501375.04 210 722029.68 504378.88 315 713107.70 504421.36 12 72334J.69 505794.53 113 718230.06 504798.88 211 712101.13 504381.77 316 713088.01 504481.4t 13 722878.37 505940.99 114 718218.48 504794.36 212 722776.61 504381.77 319 713112.75 505386.07 14 722805.79 505900.91 115 718166.80 504783.17 213 71226700 504367.58 322 773672.21 503928.26 15 722790.98 505905.32 116 718125.04 504773.66 214 722322.66 504349.15 323 713378.57 503922.10 16 727395.56 506304.78 117 718125.04 504773.66 215 722385.82 504325.47 324 773314.41 503922.10 17 720754.42 506495.37 118 718125.04 504773.66 216 722426.86 504370.07 325 713279.87 503915.93 18 720744.19 506485.88 119 718048.06 504719.32 217 722524.49 504257.97 326 713267.53 503890.02 19 720738.29 506476.77 120 717960.12 504657.25 218 722524.49 504257.97 327 713270.00 503832.03 20 7207J3.37 506469.00 121 717936.82 504638.02 219 722547.47 504222.18 328 713282.J3 503704.95 27 720726.50 506467.21 122 717781.90 504510.25 220 722557.31 504140.75 329 713290.97 503664.24 22 720581.62 506468.06 123 717679.52 504425.77 221 722557.31 504140.75 330 713300.84 503644.49 23 72037709 506558.20 124 717571.15 504390.75 222 722556.95 504138.04 331 713320.58 503635.86 24 720365.21 506563.26 125 777670.71 504388,19 22J 722555.39 504133.23 332 713371.16 503632.16 25 720334.55 506574.68 126 717655.26 504318.50 224 722550.58 504118.40 333 713536.49 503633.39 26 720303.27 506584.07 127 717655.26 504378.49 225 722550.58 504118.40 334 713578.24 503626.62 27 72027t.33 50659t.J9 128 717679.52 504769.46 226 722546.29 504102.46 335 713602.00 503632.99 28 720239.03 506596.61 129 717759.41 504041.67 227 722538.32 504072.86 336 713602.00 503632.99 29 720237.25 506596.84 730 717775.06 504015.03 228 722532.35 504050.72 337 713606.05 503632.94 30 719987.00 506628.01 131 777786.80 503997.84 229 722579.34 504029.89 338 713626.74 503636.64 31 719967.71 506629.81 132 717786.80 503997.84 230 722490.71 503972.62 339 713647.89 503637.77 32 719970.17 50662125 133 718189.02 503995.09 231 722475.09 503930.97 340 713676.08 503639.46 33 719972.07 506613.09 134 718392.92 503995.20 232 722467.28 503881.51 341 713712.17 503647.71 34 719975.88 506599.76 135 718855.57 503995.4) 233 722472.48 503852.87 342 713752.49 503647.43 35 71997779 506585.80 136 71912758 503995.57 234 722495.91 503839.86 343 713775.62 503641.71 36 719979.06 506571.20 137 71912771 503995.57 235 722515.96 503837.63 344 713778.18 503641.08 37 719979.06 506536.93 138 719440.56 503995.72 236 722519.34 503837.25 345 773782.01 503643.26 38 719977.15 506521.70 739 719615.64 503995.81 237 722673.06 503837.25 346 773805.45 503640.79 39 719974.61 506495.04 140 779864.49 503995.93 238 722660.61 503835.12 347 773831.36 503638.33 40 719973.34 506469.02 141 719904.63 504110.84 239 722757.64 503831.08 348 713865.91 503637.09 41 719970.80 506437.28 142 719948.81 504237.24 240 722833.45 503827.84 349 713886.88 503629.69 42 719970.80 506408.72 143 719949.26 504238.54 241 722917.63 503824.24 350 713905.39 503622.29 43 719970.17 506385.88 144 779949.26 504238.54 242 723045.27 503819.71 351 713923.90 503621.05 44 779968.90 506373.18 145 719949.26 504238.54 243 723720.00 503817.06 352 713946.11 503623.52 45 719965.09 506355.41 746 719949.26 504238.54 244 723284.68 503811.22 353 713972.01 503625.99 46 719961.92 506339.54 147 719947.29 504264.72 245 723423.63 503809.39 354 713995.46 503632.16 47 719953.03 506296.38 748 719948.31 504270.58 246 723462.53 503808.62 355 714017.66 503632.16 48 719951.13 506279.88 149 719950.39 504282.50 247 723565.93 503802.54 356 714039.87 503627.22 49 719949.86 506265.29 750 719955.80 504308.79 248 723582.56 503801.95 357 714079.35 503627.22 50 719948.59 506249.42 151 719960,90 50433J.OJ 249 723585.14 503801.86 358 714091.69 503644.49 51 719947.32 506228.47 752 719961.98 504338.18 253 712954.19 504051.23 359 714099.09 503665.47 52 719945.42 506206.89 15J 719966.62 504359.83 254 712947.89 502613.35 360 774107.56 503692.67 53 719945.42 506190.39 154 719967.75 504368.63 255 714152.79 502586.86 351 714106.50 503735.79 54 719945.98 506178.11 155 719970.49 504389.99 256 714324.00 502528.47 362 714108.96 503771.57 55 719945.34 506167.79 756 719972.04 504408.55 257 714688.63 502520.57 363 714110.20 503601.78 56 719946.63 506147.79 157 719973.58 504428.65 258 714896.54 502817.71 364 714105.26 503854.24 57 719950.87 506131.96 758 719974.41 504438.79 259 714958.93 503139.76 365 714107.26 503893.23 58 719945.00 506017.93 159 719975.13 504446.44 260 715248.26 503399.49 366 774089.22 503924.56 59 719902.95 505907.81 160 719977.20 504457.06 261 715418.12 503432.49 367 714017.50 503930.73 60 779945.00 505784.48 161 779980.54 504474.27 262 715505.05 503787.69 368 773828.90 503929.50 61 719966.44 505656.35 162 719982.74 504486.01 263 715532.10 503982.77 369 713674.86 504033.00 62 719949.01 505576.68 163 719985.18 504499.02 264 715632.38 504273.11 370 712978.70 505377.38 63 719904.20 505490.79 164 719989.05 504529.18 265 715650.42 504380.01 371 713113.83 505376.97 64 71982128 505388.71 765 719989.82 504557.79 266 715466.94 504980.23 372 713086.61 504510.27 65 719725.81 505079.48 166 719989.82 504584.85 267 715479.68 505039.00 373 773241.90 504316.43 66 719691.35 505072.71 167 719989.82 504677.33 268 715572.70 505775.03 374 713627.38 504243.10 67 719647.04 505041.85 168 719992.74 504655.22 269 715717.35 505309.41 375 713932.97 504245.04 68 719396.80 504764.63 169 719997.56 504683.06 270 715776.99 505392.53 376 774234.99 504306.49 69 779316.02 504713.24 170 720002.20 504713.99 272 714703.96 505387.63 377 714407.96 504574.25 70 719208.97 504699.61 171 720005.00 504736.97 273 774088.51 505381.27 378 7 144 15.51 504921.60 71 719TJ3.42 504696.12 172 720006.06 504745.70 274 774081.15 505377.30 379 714334.90 505034.30 72 779037.42 504723.50 173 720008.41 504754.92 275 714074.08 505372.83 380 714082.71 505175.23 73 718975.88 504785.14 174 720017.54 504790.84 276 714064.11 505365.23 387 774041.81 505771.28 74 718934.86 504860.42 175 720020.36 504846.78 277 714057.36 505359.05 382 714041.74 505392.70 75 778887.27 504897.29 176 720023.65 504922.06 278 714058.09 50533704 383 712954.79 504051.25 76 778825.74 504891.29 177 779777.57 505048.72 279 714057.14 505323.59 384 712804.21 504055.04 77 778671.23 504868.22 178 719749.32 505065.49 281 714038.44 505272.68 385 723585.87 503843.87 78 778592.63 504856.90 179 723588.07 504714.23 282 714033.64 505208.16 387 773674.86 504033.00 79 718355.37 504621.05 180 723570.28 504715.04 283 714034.84 505122.69 388 778190.86 503931.19 80 718298.16 504812.52 181 723563.24 504717.14 285 774065.60 505102.11 81 778260.17 504828.70 182 723527.96 504743.19 286 714090.62 505094.70 82 718033.21 505353.86 183 723427.03 504762.77 288 714179.83 505087.11 83 717829.05 505376.26 184 723260.48 504860.42 289 714203.06 505083.85 84 717649.80 505408.63 185 723219.22 504884.74 290 714251.86 505070.09 85 717553.94 505436.02 786 723133.30 504935.39 291 714286.65 505064.07 86 717469.90 505465.89 787 723088.17 504977.64 292 714300.57 505060.02 87 717360.99 505556.77 186 723023.35 505000.52 294 714367.43 505026.84 88 717217.84 505708.64 789 722967.56 505006.97 295 774383.24 505013.21 89 717099.58 505775.86 190 722634.05 505032.86 296 714405.37 504976.38 90 716886.29 505824.67 191 722631.97 505033.02 297 714412.85 504955.59 91 716456.16 505881.53 192 722309.52 505225.23 299 714417.56 504571.59 92 716046.45 505838.10 793 722219.05 505795.76 93 716025.28 505737.27 194 722007.86 505126.98 94 715969.27 505607.80 t95 721629.41 505003.29 95 715741.26 505392.54 196 721645.99 504906.49 SEE SHEETS 1 -4 FOR SIGNATURE AND NOTES. 96 714317.20 505391.85 197 721661.22 504818.41 COORDINATE TABLE 97 714320.97 505754.99 198 721671.35 504759.83 98 714274.43 505779.31 199 727685.19 504679.76 NOT A SURVEY ** 99 714234.96 505802.81 Jul 26, 2006 - 08:08:25 JLSOTTYII(: \SUR\03312\SSA 9 \1H- I1.dwg =°fi�'�� CLIENT: BAMM OOLM NVeS7WM 49 BAIUM CM 110 PARINERSW ! TITLE: OF PAW OF �ry(�� OF DESCRHIP millej SdA,n SECTIONS 12 AND 13. TOWNSHIP 46 SOUTH, RANGE 28 EAST 48 V, AND SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE I9 FAST Fbwmn . Ff >t • Eadlpkr • ✓moo • I -nA-cW- ArdAmck • rr&v p1bft C&wL# * COLLIER COUNTY, FLORIDA ha DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: 8l006YbYlan4. �0, M4PbRfbrldl.ilRtl'-dS07.17A,rs g99.appp P8FQ1&;J1l �Mbbsr wliliare9rca� 3/06 03312 -PO4- 000 -21000 5 OF 5 IN-2151 n FL ly N i Agenda Item No. 17D February 13, 2007 Page 103 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 28 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA. (SSA9 — LANDS RESERVED FOR AG2 GROUP USES) ALL THAT PART OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST AND SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. (POINT NUMBER 1, NORTHING 712804.21, EASTING 504055.05); THENCE RUNNING ALONG THE SOUTH LINE OF SAID SECTION 13 SOUTH 89044'55" WEST 2676.91 FEET TO THE SOUTH '/ CORNER OF SAID SECTION 13 (POINT NUMBER 2, NORTHING 712792.47, EASTING 501378.16); THENCE LEAVING SAID SOUTH LINE OF SECTION 13, NORTH 01011'28" WEST 150.02 FEET ALONG THE SOUTHERLY EXTENSION OF THE WEST LINE OF A PARCEL DESCRIBED IN O.R. BOOK 2493, PAGE 2779 -2796 TO THE POINT OF INTERSECTION WITH A LINE LYING 100 FEET NORTH OF AND PARALLEL TO THE NORTH LINE OF OIL WELL ROAD (100' RIGHT -OF -WAY), AND TO THE POINT OF BEGINNING (POINT NUMBER 3, NORTHING 712942.46, EASTING 501375.04); THENCE CONTINUE ALONG THE WEST LINE OF A PARCEL DESCRIBED IN O.R. BOOK 2493 PAGES 2779 -2796 NORTH 01011'28" WEST 2537.89 FEET TO THE NORTHWEST CORNER OF SAID PARCEL (POINT NUMBER 4, NORTHING 715479.80, EASTING 501322.29); THENCE NORTH 89 °32'26" EAST 1692.67 FEET ALONG THE NORTH LINE OF SAID PARCEL AND CONTINUING ALONG THE NORTH LINE OF A PARCEL DESCRIBED IN O.R. BOOK 2009, PAGES 1554 -1558 TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN O.R. BOOK 2493, PAGES 2779 -2796 (POINT NUMBER 5, NORTHING 715493.38, EASTING 503014.91); THENCE ALONG THE WEST LINE OF SAID LANDS DESCRIBED IN O.R. BOOK 2493, PAGES 2779- 2796, NORTH 01 °11'02" WEST 2688.15 FEET TO THE NORTHWEST CORNER OF SAID LANDS, SAID POINT ALSO BEING A POINT ON THE SOUTH LINE OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 28 EAST COLLIER COUNTY, FLORIDA (POINT NUMBER 6, NORTHING 718180.95, EASTING 502959.36); THENCE ALONG SAID SOUTH LINE OF SECTION 12 SOUTH 89 024'56" WEST 151.63 FEET TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN O.R. BOOK 2493, PAGE 2779 -2796 (POINT NUMBER 7, NORTHING 718179.41, EASTING 502807.74); THENCE ALONG THE WEST LINE OF SAID PARCEL NORTH 00 044'30" WEST 5387.66 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND A POINT ON THE SOUTH LINE OF SECTION 1, TOWNSHIP 48 SOUTH, RANGE 28 EAST COLLIER COUNTY, FLORIDA (POINT NUMBER 8, NORTHING 723566.62, EASTING 502737.98); 8/152006 168958 Vec 01!- TOSBORNE CA.3 03312- D06000. - 0 Agenda item No. 17D February 13, 2007 Page 104 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 2 OF 7 THENCE ALONG SAID SOUTH LINE NORTH 89 000'09" EAST 1106.06 FEET TO THE SOUTHWEST CORNER OF SECTION 6 TOWNSHIP 48 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA (POINT NUMBER 9, NORTHING 723585.87, EASTING 503843.88); THENCE ALONG THE SOUTH LINE OF SAID SECTION 6 NORTH 89 051'32" EAST 1993.62 FEET (POINT NUMBER 10, NORTHING 723590.78, EASTING 505837.49); THENCE LEAVING SAID LINE IN STRAIGHT LINE SEGEMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBER 11 THROUGH 107 INCLUSIVE): POINT NUMBER 11, NORTHING 723456.97, EASTING 505803.24 POINT NUMBER 12, NORTHING 723343.69, EASTING 505794.53 POINT NUMBER 13, NORTHING 722818.37, EASTING 505940.99 POINT NUMBER 14, NORTHING 722805.79, EASTING 505900.91 POINT NUMBER 15, NORTHING 722790.98, EASTING 505905.32 POINT NUMBER 16, NORTHING 721395.56, EASTING 506304.78 POINT NUMBER 17, NORTHING 720754.42, EASTING 506495.37 POINT NUMBER 18, NORTHING 720744.19, EASTING 506485.88 POINT NUMBER 19, NORTHING 720738.29, EASTING 506476.77 POINT NUMBER 20, NORTHING 720733.37, EASTING 506469.00 POINT NUMBER 21, NORTHING 720726.50, EASTING 506467.21 POINT NUMBER 22, NORTHING 720581.62, EASTING 506468.06 POINT NUMBER 23, NORTHING 720377.09, EASTING 506558.20 POINT NUMBER 24, NORTHING 720365.21, EASTING 506563.26 POINT NUMBER 25, NORTHING 720334.55, EASTING 506574.68 POINT NUMBER 26, NORTHING 720303.21, EASTING 506584.07 POINT NUMBER 27, NORTHING 720271.33, EASTING 506591.39 POINT NUMBER 28, NORTHING 720239.03, EASTING 506596.61 POINT NUMBER 29, NORTHING 720237.25, EASTING 506596.84 POINT NUMBER 30, NORTHING 719987.00, EASTING 506628.01 POINT NUMBER 31, NORTHING 719967.71, EASTING 506629.81 POINT NUMBER 32, NORTHING 719970.17, EASTING 506623.25 POINT NUMBER 33, NORTHING 719972.07, EASTING 506613.09 POINT NUMBER 34, NORTHING 719975.88, EASTING 506599.76 POINT NUMBER 35, NORTHING 719977.79, EASTING 506585.80 POINT NUMBER 36, NORTHING 719979.06, EASTING 506571.20 POINT NUMBER 37, NORTHING 719979.06, EASTING 506536.93 POINT NUMBER 38, NORTHING 719977.15, EASTING 506521.70 POINT NUMBER 39, NORTHING 719974.61, EASTING 506495.04 POINT NUMBER 40, NORTHING 719973.34, EASTING 506469.02 POINT NUMBER 41, NORTHING 719970.80, EASTING 506437.28 POINT NUMBER 42, NORTHING 719970.80, EASTING 506408.72 POINT NUMBER 43, NORTHING 719970.17, EASTING 506385.88 POINT NUMBER 44, NORTHING 719968.90, EASTING 506373.18 POINT NUMBER 45, NORTHING 719965.09, EASTING 506355.41 �- 8115/2006- 188958 Ver. 01!- TOSBORNE :Ari 03312 - 000.000 -- 0 Agenda Item No. 17D February 13, 2007 Page 105 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 3 OF 7 POINT NUMBER 46, NORTHING 719961.92, EASTING 506339.54 POINT NUMBER 47, NORTHING 719953.03, EASTING 506296.38 POINT NUMBER 48, NORTHING 719951.13, EASTING 506279.88 POINT NUMBER 49, NORTHING 719949.86, EASTING 506265.29 POINT NUMBER 50, NORTHING 719948.59, EASTING 506249.42 POINT NUMBER 51, NORTHING 719947.32, EASTING 506228.47 POINT NUMBER 52, NORTHING 719945.42, EASTING 506206.89 POINT NUMBER 53, NORTHING 719945.42, EASTING 506190.39 POINT NUMBER 54, NORTHING 719945.98, EASTING 506178.11 POINT NUMBER 55, NORTHING 719945.34, EASTING 506167.79 POINT NUMBER 56, NORTHING 719946.63, EASTING 506147.79 POINT NUMBER 57, NORTHING 719950.87, EASTING 506131.96 POINT NUMBER 58, NORTHING 719945.00, EASTING 506017.93 POINT NUMBER 59, NORTHING 719902.95, EASTING 505907.81 POINT NUMBER 60, NORTHING 719945.00, EASTING 505784.48 POINT NUMBER 61, NORTHING 719966.44, EASTING 505656.35 POINT NUMBER 62, NORTHING 719949.01, EASTING 505576.68 POINT NUMBER 63, NORTHING 719904.20, EASTING 505490.79 POINT NUMBER 64, NORTHING 719823.28, EASTING 505388.71 POINT NUMBER 65, NORTHING 719725.81, EASTING 505079.48 POINT NUMBER 66, NORTHING 719691.35, EASTING 505072.71 POINT NUMBER 67, NORTHING 719647.04, EASTING 505041.85 POINT NUMBER 68, NORTHING 719396.80, EASTING 504764.63 POINT NUMBER 69, NORTHING 719318.02, EASTING 504713.24 POINT NUMBER 70, NORTHING 719208.91, EASTING 504699.61 POINT NUMBER 71, NORTHING 719133.42, EASTING 504696.12 POINT NUMBER 72, NORTHING 719037.42, EASTING 504723.50 POINT NUMBER 73, NORTHING 718975.88, EASTING 504785.14 POINT NUMBER 74, NORTHING 718934.86, EASTING 504860.42 POINT NUMBER 75, NORTHING 718887.27, EASTING 504891.29 POINT NUMBER 76, NORTHING 718825.74, EASTING 504891.29 POINT NUMBER 77, NORTHING 718671.23, EASTING 504868.22 POINT NUMBER 78, NORTHING 718592.63, EASTING 504856.90 POINT NUMBER 79, NORTHING 718355.31, EASTING 504821.05 POINT NUMBER 80, NORTHING 718298.16, EASTING 504812.52 POINT NUMBER 81, NORTHING 718260.17, EASTING 504828.70 POINT NUMBER 82, NORTHING 718033.21, EASTING 505353.86 POINT NUMBER 83, NORTHING 717829.05, EASTING 505376.26 POINT NUMBER 84, NORTHING 717649.80, EASTING 505408.63 POINT NUMBER 85, NORTHING 717553.94, EASTING 505436.02 POINT NUMBER 86, NORTHING 717469.90, EASTING 505465.89 POINT NUMBER 87, NORTHING 717360.99, EASTING 505556.77 POINT NUMBER 88, NORTHING 717217.84, EASTING 505708.64 POINT NUMBER 89, NORTHING 717099.58, EASTING 505775.86 8/15/2006- 168958 V., DI I- TOSBORNE CA.c 03312 - 006000- - 0 Agenda Item No. 17D February 13, 2007 Page 106 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 4 OF 7 POINT NUMBER 90, NORTHING 716886.29, EASTING 505824.67 POINT NUMBER 91, NORTHING 716456.16, EASTING 505882.53 POINT NUMBER 92, NORTHING 716046.45, EASTING 505838.10 POINT NUMBER 93, NORTHING 716025.28, EASTING 505737.27 POINT NUMBER 94, NORTHING 715969.27, EASTING 505607.80 POINT NUMBER 95, NORTHING 715741.26, EASTING 505392.54 POINT NUMBER 96, NORTHING 714317.20, EASTING 505391.85 POINT NUMBER 97, NORTHING 714320.97, EASTING 505754.99 POINT NUMBER 98, NORTHING 714274.43, EASTING 505779.31 POINT NUMBER 99, NORTHING 714234.96, EASTING 505802.82 POINT NUMBER 100, NORTHING 713763.55, EASTING 506100.38 POINT NUMBER 101, NORTHING 713721.48, EASTING 506125.22 POINT NUMBER 102, NORTHING 713673.87, EASTING 506149.50 POINT NUMBER 103, NORTHING 713673.87, EASTING 505923.61 POINT NUMBER 104, NORTHING 713388.86, EASTING 505923.61 POINT NUMBER 105, NORTHING 713388.86, EASTING 506225.18 POINT NUMBER 106, NORTHING 713364.22, EASTING 506226.78 POINT NUMBER 107, NORTHING 713338.18, EASTING 506227.68; THENCE SOUTH 01 °03'33" EAST 343.73 FEET TO A POINT ON A LINE 100 FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF OIL WELL ROAD (100 FOOT RIGHT OF WAY) (POINT NUMBER 108, NORTHING 712994.51, EASTING 506234.03); THENCE ALONG SAID LINE SOUTH 88 °56'28" WEST 2181.07 FEET (POINT NUMBER 109, NORTHING 712954.20, EASTING 504053.33); THENCE SOUTH 89 044'55" WEST 2678.32 FEET TO THE POINT OF BEGINNING. OVERALL PARCEL CONTAINS 789.40 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. LESS AND EXCEPT THE FOLLOWING PARCEL: LANDS RESERVED FOR EARTH MINING AND PROCESSING USES ALL THAT PART OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (POINT NUMBER 1, NORTHING 712804.21, EASTING 504055.04) THENCE ALONG THE WEST LINE OF SAID SECTION 18, NORTH 01 027'02" WEST, 150.04 FEET TO A POINT ON A LINE 100 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT -OF -WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT - OF -WAY), (POINT NUMBER 253, NORTHING 712954.19, EASTING 504051.23); THENCE ALONG SAID LINE, NORTH 88 °44'55" EAST, 2.08 FEET (POINT NUMBER 109, NORTHING 712954.20, EASTING 504053.33); a/15/200r, 168958 V., 011- TOSBORNE A.3 13312 - 0001100- - 0 Agenda Item No. 17D February 13, 2007 Page 107 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE29EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 5 OF 7 THENCE NORTH 88 °56'28" EAST 1324.28 FEET TO THE POINT OF BEGINNING (POINT NUMBER 370, NORTHING 712978.70, EASTING 505377.38); THENCE THROUGH THE FOLLOWING VERTICES IN STRAIGHT LINE SEGMENTS ULESS OTHERWISE NOTED: POINT NUMBER 371, NORTHING 713113.83, EASTING 505376.97; POINT NUMBER 372, NORTHING 713086.61, EASTING 504510.21 SAID POINT BEING THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.01 °48'45 "W., A RADIAL DISTANCE OF 191.10 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 81-02-28", A DISTANCE OF 270.30 FEET, HAVING A CHORD BEARING OF NORTH 51'17'31 " WEST FOR 248.32 FEET (POINT NUMBER 373, NORTHING 713241.90, EASTING 504316.43); THENCE N.10 °46'18 "W., A DISTANCE OF 392.40 FEET TO A POINT OF CURVE TO THE RIGHT (POINT NUMBER 374, NORTHING 713627.38, EASTING 504243.10) HAVING A RADIUS OF 791.10 FEET AND A CENTRAL ANGLE OF 22'16'21"; THENCE NORTHERLY ALONG THE ARC A DISTANCE OF 307.52 FEET, HAVING A CHORD BEARING OF NORTH 00 °21'53" EAST FOR 305.59 FEET (POINT NUMBER 375, NORTHING 713932.97, EASTING 504245.04); THENCE N.11 °30'04 "E., A DISTANCE OF 308.21 FEET TO A POINT OF CURVE TO THE RIGHT (POINT NUMBER 376, NORTHING 714234.99, EASTING 504306.49) HAVING A RADIUS OF 216.10 FEET AND A CENTRAL ANGLE OF 77 °26'16 "; THENCE NORTHEASTERLY ALONG THE ARC A DISTANCE OF 292.07 FEET, HAVING A CHORD BEARING OF NORTH 50 °13'12 EAST 270.34 FEET (POINT NUMBER 377, NORTHING 714407.96, EASTING 504514.25); THENCE N.88 °56'20 "E., A DISTANCE OF 407.42 FEET (POINT NUMBER 378, NORTHING 714415.51, EASTING 504921.60) TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 116.10 FEET AND A CENTRAL ANGLE OF 73 °16'12 "; THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 148.47 FEET, HAVING A CHORD BEARING OF SOUTH 54 °25'34" EAST FOR 138.56 FEET (POINT NUMBER 379, NORTHING 714334.90, EASTING 505034.30); THENCE S.17 °47'28 "E., A DISTANCE OF 264.86 FEET, (POINT NUMBER 380, NORTHING 714082.71, EASTING 505115.23) TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 58.90 FEET AND A CENTRAL ANGLE OF 72 °10'38 "; THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 74.20 FEET, HAVING A CHORD BEARING OF SOUTH 53 °52'47" EAST 69.39 FEET (POINT NUMBER 381, NORTHING 714041.81, EASTING 505171.28); POINT NUMBER 382, NORTHING 714041.74, EASTING 505392.70; THENCE CONTINUING ALONG EAST LINE OF PARCEL IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBERS 96 THROUGH 108 INCLUSIVE) POINT NUMBER 96, NORTHING 714317.20, EASTING 505391.85 POINT NUMBER 97, NORTHING 714320.97, EASTING 505754.99 POINT NUMBER 98, NORTHING 714274.43, EASTING 505779.31 POINT NUMBER 99, NORTHING 714234.96, EASTING 505802.82 POINT NUMBER 100, NORTHING 713763.55, EASTING 506100.38 POINT NUMBER 101, NORTHING 713721.48, EASTING 506125.22 8/1512008- 168958 Ver 011- TOSSORNE CA# 03312 - 000-000. - 0 Agenda Item No. 17D February 13, 2007 Page 108 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 6 OF 7 POINT NUMBER 102, NORTHING 713673.87, EASTING 506149.50 POINT NUMBER 103, NORTHING 713673.87, EASTING 505923.61 POINT NUMBER 104, NORTHING 713388.86, EASTING 505923.61 POINT NUMBER 105, NORTHING 713388.86, EASTING 506225.18 POINT NUMBER 106, NORTHING 713364.22, EASTING 506226.78 POINT NUMBER 107, NORTHING 713338.18, EASTING 506227.68; THENCE SOUTH 01 °03'33" EAST 343.73 FEET TO A POINT ON A LINE 100 FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF OIL WELL ROAD (100 FOOT RIGHT OF WAY) (POINT NUMBER 108, NORTHING 712994.51, EASTING 506234.03); THENCE ALONG SAID LINE SOUTH 88 056'28" WEST 856.79 FEET TO THE POINT OF BEGINNING. (POINT NUMBER 370, NORTHING 712978.70, EASTING 505377.38) PARCEL CONTAINS 50.08 ACRES, MORE OR LESS. SSA 9 - LANDS RESERVED FOR AG2 GROUP USES CONTAINS 739.32 ACRES +\- SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH 89 044'55" WEST. STATEMENT OF DEFINITION, ACCURACY AND COORDINATE BASIS 1. DEFINITION: A. THE EXTERIOR BOUNDS OF S.S.A. 9 ARE BASED ON STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "A "(REFERENCE WILSONMILLER DRAWING NUMBER 11-1-21). 2. ACCURACY: A. THESE LINES ARE BASED ON INTERPRETATIONS FROM AERIAL PHOTOGRAPHS HAVING THE FOLLOWING PARAMETERS: 1. DATE OF PHOTOGRAPHY: 4/23/03 2. NEGATIVE SCALE: 1:36000 3. PIXEL DIAMETER: 2.5' 4. TARGET SCALE: 1 " =500' 5. SCALE NOT TO EXCEED 1" =500'. 6. THIS IMAGERY HAS NOT BEEN ORTHO CORRECTED IN ORDER TO MEET MINIMUM TECHNICAL STANDARDS OR NATIONAL MAP ACCURACY STANDARDS. 7. VERTICAL ELEVATION CHANGES WILL CAUSE HORIZONTAL DISPLACEMENT. EVERY EFFORT HAS BEEN MADE TO MINIMIZE THIS EFFECT FOR CRITICAL FEATURES. 8. IN AREAS WHERE TALL STRUCTURES OR TREES LEAN TO OBSTRUCT FEATURES, EXPOSURES WERE MOSAICKED IN AN EFFORT TO MINIMIZE THE EFFECT. 9. THIS PRODUCT IS SIMILAR IN ACCURACY TO RECTIFIED ENLARGEMENTS, EXCEPT PROVIDED IN A DIGITAL FORMAT. B. BASED ON THESE PARAMETERS, THE LINES DEPICTED IN THIS DIGITAL FILE HAVE AN ESTIMATED POSITIONAL ACCURACY OF +/- 20 FEET, C. MINOR DIFFERENCES IN POSITION AND ACREAGE BETWEEN THIS DESCRIPTION AND OTHER FORMATS CAN BE ATTRIBUTED TO COORDINATE PROJECTION AND SOFTWARE ACCURACY PARAMETERS. 81152006- 168958 V., 01!- TOSBORNE ;At J3312- 000.000 -- 0 lwilsdnmiller°m New OireCt/ans to Planning, Design & Engineenng Agenda Item No. 17D February 13, 2007 Page 109 of 151 ` DESCRIPTION OF LANDS r ` SECTION 78 TOWNSHIP 48 SOUTH. RANGE 29 FAST. COLLIER COUNTY, FLORIDA SHEET 3 OF 3 7. VERTICAL ELEVATION CHANGES WILL CAUSE HORIZONTAL DISPLACEMENT. EVERY EFFORT HAS BEEN MADE TO MINIMIZE THIS EFFECT FOR CRITICAL FEATURES. 8. IN AREAS WHERE TALL STRUCTURES OR TREES LEAN TO OBSTRUCT FEATURES, EXPOSURES WERE MOSAICKED IN AN EFFORT TO MINIMIZE THE EFFECT. 9. THIS PRODUCT IS SIMILAR IN ACCURACY TO RECTIFIED ENLARGEMENTS, EXCEPT PROVIDED IN A DIGITAL FORMAT. B. BASED ON THESE PARAMETERS, THE LINES DEPICTED IN THIS DIGITAL FILE HAVE AN ESTIMATED POSITIONAL ACCURACY OF +/- 20 FEET. C. MINOR DIFFERENCES IN POSITION AND ACREAGE BETWEEN THIS DESCRIPTION AND OTHER FORMATS CAN BE ATTRIBUTED TO COORDINATE PROJECTION AND SOFTWARE ACCURACY PARAMETERS. 3. COORDINATE BASIS: THE LINES DEPICTED HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83, GRS80, US SURVEY FEET. BY '66 - DATE `S S -GG BRADLEY E. STOCKHAM, P.S.M. PSM.#6390 WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A PROFESSIONAL SURVEYOR AND MAPPER, REFERENCE WILSONMILLER DRAWING NUMBER 1H- 21.S3. 8h.4000- 774324 Var01!- JCSOTiY cuo 03572400400- - 0 B.c.1. PREPARED BY: C.R. BOOK PAGE 2775 BRADLEY E. STOKHAM, P.S.M. L.S.#6390 DATE N89'00'09 "E I 1106.06' \ 8 CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING C15 74.20 58.90 7710'38" 69.39 S53- 52'47E C 16 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED 116.10 7 16-1 " 138.56 4' 4" C17 BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, 216.10 77'26'16" 270.34 N50- 13.12 "E C18 Z307.52 791.70 2716'21" 305.59 N0021'S3 "E C19 191,10 81'02'28" 248.32 1 N51'17'31 "W O O O N II w J U 7 S0/'11 28 150.02' 12 Ac T-48 —S 6 493 W W � N89'S i'3YF 1993.62' B.C.I. O.R. BOOK 2493 PAGE 2779- 9 2796 711 / iT 13 589'24'56"W 151.63' ___j C.D.C. O.R. 1537 a PAGE 749 v. 4 N V ao 13 70 727 78 387 374 82 83 184 rA enaa item Ivo. -i t uu MUMMY I J, a_VV t PaaL- 110 of 151 17 ,2 E.C.P. O.R. BOOK 20D9 PAGE �29 1546 -1553 31 B.C.P. 92 1 Q O.R. BOOK 1900 G7 PAGE 179 -164 02 LANDS RESERVED FOR EARTH MINING AND PROCESSING USE CONTAINS 50.08* ACRES �1��589'44'S5`W/ \�NOt'27'02`W\ (_OIL WELL ROAD 2676.91' 1 150.04' PA.41�, (100' R(GHT —OF —WAY) - -- - - I 1/4 CORNE 2 PA.I.+ m 9 PA.C. EARTH MINING AND PROCESSING USES PARCEL SECTION COR. EARTH MINING AND PROCESSING 0 500 1000 2000 4000 SE CORNER OF USES PARCEL T GRAPHIC SCALE SECTION 13 SW CORNER OF SECTION 18 GENERAL NO 1, ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED. ABBREVIATIONS: 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED OR, OFFICIAL RECORD BOOK SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. C.E. COLLIER ENTERPRISES, LTD 3. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, B.C.I. BARRON COLLIER INVESTMENTS LTD TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA B.C.P. BARRON COLLIER PARTNERSHIP BEING SOUTH 89'44'55 WEST. R.O.W - RIGHT OF WAY 4. CERTIFICATE OF AUTHORIZATION /LS -43 P.O.C. - POINT OF COMMENCEMENT P.0,8. = POINT OF BEGINNING 5. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF C.D.C. - COLLIER DEVELOPMENT CORPORATION RECORD. 6. THIS SKETCH MAY HAVE BEEN REDUCED. SSA# 9 A 7. SEE ATTACHED FOR LEGAL DESCRIPTION LANDS RESERVED FOR AG2 GROUP USES 8. POINTS ARE SEOUENTIAL AND LABELED INCREMENTALLY. NTERMEDiATE POINT LABELS ARE OMITTED FOR CLARITY. CONTAINING 739.32 ACRES +/— ** NOT A SURVEY ** 9. REFERENCE WILSONMILLER PCDOCS NUMBER 168958 FOR DESCRIPTION 10. SEE SHEET 5 FOR COORDIATE TABLE. Jul 26. 2006 - 08:08:41 JCSOrrYIx: \SUR\03312\SSA 9 \1H- 21.deq CLIENT: WJMN CCU= WANIIIISM & WjW= COU ,� arr.IS PARMUMW r+A,. w,lsmmilie TITLE: "SECTIO S 1 N ��M OF P�� OF SECTIONS 12 AND 13. TOWNSHIP 48 SOUTH, RANGE 28 EAST . AND SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST Fk— . Firpleen . 6aobpilb • Swveyara . L&ArA eArdieefe . Traropmfa6m Ca "anb COLLIER COUNTY, FLORIDA bra DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: Ab#w • Fa l Mvm • %-a* . d>.d*Wm • Talm • TdAmmo • Pr CRY Bsk* 32008day Lang ✓A.b S00 •AIg1eR f#>rida 56064w.Anw. 2x4 o - -Fa.. A"o -om- Wa5- 81..ww"mkram 3/06 03312- 1304 —ODO -21000 3 OF 5 IN-21S3 Agenda Item No. 17D February 13, 2007 POINT POINT POINT POINT NUMBER NORTHING EASTING NUMBER NORTHfNG EASTING NUMBER NORTHING FASTING NUMBER NORTHING EASTING 1 712804.21 504055.04 100 713763.55 506100.38 200 721697.38 504609.31 300 714413.04 504493.69 2 772792.47 501378.16 101 713721.48 506125.22 201 721740.11 504362.17 301 714409.24 504475.31 3 712942.46 501375.04 102 713673.87 506749.50 202 721768.82 504339.41 302 714404.45 504465.04 4 715479.80 501322.29 103 713673.87 505923.61 203 721772.62 504340.16 303 714370.65 504408.84 5 715493.38 503014.91 104 713388.86 505923.61 204 721790.07 50434J.61 305 714267.04 504315.95 6 718180.95 502959.36 105 713388.86 506225.18 205 721818.06 504349.15 306 714257.32 504309.09 7 718179.40 502807.73 106 773364.22 506226.78 206 721818.06 504349.15 307 714247.05 504304.30 8 723566.6( 501737.98 107 713338.18 506227.68 207 721893.36 504360.09 312 713761.51 504346.51 9 723585.97 503843.87 708 772994.51 506234.03 208 722019.89 504378.48 313 713146.15 504356.10 10 723590.77 505837.49 709 712954.20 504053.33 209 712019.92 504378.48 314 713131.64 504373.40 11 723456.97 505803.24 110 712942.46 501375.04 210 722029.68 504378.88 315 713107.70 504421.36 12 723343.69 505794.53 113 718230.06 504798.88 211 722107.13 504381.77 316 71JOB8.01 504481,41 13 722878.37 505940.99 - 114 718218.48 504794,36 212 722176.61 504381.77 Jf9 713112.75 505386.07 14 722805.79 505900.91 115 718166.80 504783.17 213 722267.00 504361.58 322 713672.21 503928.26 15 722790.98 505905.32 116 718125.04 504773.66 214 722322.66 504349.15 323 713378.57 503922.10 15 721395.56 506304.78 117 718125.04 504773.66 215 712385.82 504325.47 324 713314.41 503922.10 17 720754.42 506495.37 778 718125.04 504773.66 216 722426.86 504370.07 J25 713279.87 503915.93 18 720744.19 506485.88 119 778048.06 504719.32 217 722524.49 504257.97 326 713267.53 503890.02 19 720738.29 506476.77 720 717960.12 504657,25 218 722524.49 504257.97 327 713270.00 503832.03 20 72073J.37 506469.00 121 717936.82 504638.02 279 722547.47 504222.18 328 713282.33 503704.95 21 720726.50 506467.21 722 717781.90 504510.25 220 722557.31 504140.75 329 713290.97 503664.24 22 720581.62 506468.06 123 717679.52 504425.77 221 722557.31 504140.75 330 713300.84 503644.49 23 72037709 506558.20 724 717671.15 504390.75 222 722556.95 504138.04 331 713320.58 503635.86 24 720365.21 506563.26 125 717570.71 504388.79 223 722555.39 504133.23 3J2 773371.16 503532.76 25 720334.55 506574.68 126 717555.26 504378.50 224 722550.58 504118.40 333 713536.49 503633.39 26 720303.21 506584.07 127 717655.26 504378.49 225 722550.58 504118.40 334 713578.24 503626.62 27 720271.33 506591.39 728 717679.52 504169.46 226 722546.29 504102.46 J35 713602.00 503632.99 28 720239.03 506596.67 129 777759.47 504041.57 227 722538.32 504072.86 336 713602.00 503632.99 29 720237.25 506596.84 130 717776.06 50401503 228 722532.35 504050.72 337 713606.05 503632.94 30 719987.00 506628.07 731 717786.80 503997.84 229 722519.34 504029.89 338 713625.74 503636.64 31 779967.77 506629.87 1J2 717786.80 503997.54 230 722490.71' 503972.62 339 713647.89 503637.77 32 779970.77 506623.25 133 718169.02 503995.09 231 722475.09 503930.97 340 713676.08 503639.46 33 719972.07 50661109 134 718392.92 503995.20 232 722467.28 503881.51 341 713712.17 503641.71 34 719975.88 506599.76 135 718855.57 503995.43 233 722472.48 503852.87 342 713752.49 503641.43 35 719977.79 506585.80 136 719127.58 503995.57 234 722495.91 503839.86 343 713775.62 50364 1. 71 36 719979.06 506577.20 137 7f 9 12 7. 71 503995.57 235 722575.96 503837.63 344 713778.18 503541.08 37 779979.06 506536.93 138 719440.56 503995.72 236 722579.34 503837.25 345 713782.01 503643.26 38 779977.15 506521.70 739 719615.64 503995.81 237 722613.06 503837.25 346 713805.45 503640,79 39 719974.61 506495.04 140 719864.49 503995.93 238 722660.61 503835.22 347 713831.36 503638.33 40 779973.34 506469.02 141 719904.63 504110.84 239 722757.64 507837.08 348 713865.91 503637.09 41 719970.80 506437.28 142 719948.81 504237.24 240 722833.45 503827.64 349 713886.88 503629.69 42 779970.80 505408.72 143 719949.26 504238.54 241 722917.63 503824.24 350 713905.39 503622.29 43 719970.17 506365.88 144 719949.26 504238.54 242 723045.27 503879.71 351 713923.90 503621.05 44 719968.90 506373.18 145 719949.26 504238.54 243 723120.00 503877.06 352 773946.11 503623.52 45 779965.09 506355.41 146 719949.26 504239.54 244 723284.68 503871.22 353 713972.01 503625.99 46 719961.92 506339.54 147 719947.29 504264.72 245 72342J.63 503809.39 354 773995.46 503632.16 47 719953.03 506296.38 148 719948.31 504270.58 246 723482.53 503608.62 355 714017.66 503632.16 48 719957.73 505279.88 149 779950.39 504282.50 247 723565.93 503802.54 356 714039.87 503627.22 49 719949.86 506265.29 150 719955.80 504308.79 248 723582.55 503801.95 357 774079.35 503627.22 50 779948.59 506249.42 151 719960.90 504333.OJ 249 723585.14 503801.86 358 714091.69 503644,49 51 719947.32 506228.47 152 779967.98 504338.18 253 712954.19 504051.23 359 714099.09 503665.47 52 719945.42 506206.89 153 719966.62 504359.83 254 772947.89 502613.35 350 774107,56 503692.61 53 719945.42 506190.39 754 71996775 504368.63 255 714152.79 502586.86 361 774106.50 503735.79 54 719945.98 506178.11 155 719970.49 504389.99 256 714324.00 502528.47 362 774708.96 503771.57 55 719945.34 506167.79 756 719972.04 504408.55 257 714688.63 502520.57 363 714770.20 503801.18 56 719946.63 505147.79 157 719973.58 504428.65 258 71489654 502617.71 364 714705.26 503854.24 57 719950.87 506737.96 158 719974.41 504438.79 259 714958.93 503139.76 365 714107.26 503893.23 58 719945.00 506017.93 159 779975.13 504446.44 260 715248.26 503399.49 366 714089.22 503924.56 59 719902.95 505907.81 160 719977.20 504457.06 261 715418.12 503432.49 367 714071.50 503930.73 60 719945.00 505784.48 167 719980.54 504474.27 262 715505.05 503787.69 368 713828.90 503929.50 61 719966.44 505656.35 162 779982.74 504486.07 263 7155J2.10 503982.77 369 713674.86 504033.00 62 719949.01 505576.68 163 719985.18 504499.02 264 715632.38 504273.11 370 712978.70 505377.38 63 719904.20 505490.79 164 719989.05 504529.18 265 715650.42 504380.01 371 713113.83 505376.97 64 719823.28 505388.71 765 719989.82 504557.79 266 715466.94 504980.23 372 713086.61 504510.21 65 719725.81 505079.48 166 719989.82 504584.85 267 715479.68 505039.00 373 713241.90 504316.43 66 719691.35 505072.71 167 719989.82 504617.33 268 715572.70 505175.03 374 773627.38 504243.10 67 719647.04 505041.85 168 719992.14 504655.22 269 775717.35 505309.42 375 713932.97 504245.04 68 719396.80 504764.63 169 719997.56 504683.06 270 715776.99 505392.53 376 714234.99 504306.49 69 719318.02 504773.24 170 720002.20 504713.99 272 714103.96 505387.63 377 714407.96 504514.25 70 719208.91 504699.67 171 720005.00 504736.97 273 714088.51 505381.27 378 714475.51 504921.60 71 779133.42 504696.12 172 720006.06 504745.70 274 714081.15 505377.30 379 714334.90 505034.30 72 719037.42 50472,3.50 173 720008.41 504754.92 275 774074.08 505372.83 380 714082.71 505175.23 73 778975.88 504785.14 174 720017.54 504790.84 276 774064.11 505365.23 381 714041.87 505171.28 74 718934.86 504860.42 175 720020.36 504846.78 177 714057.36 505359.05 382 714041.74 505392.70 75 718887.27 504897.29 176 720023.65 504922.06 278 714058.09 505337.04 383 712954.19 504051.25 76 718825.74 504691.29 777 779777.51 505048.72 279 714057,14 505323.59 384 712604.21 504055.04 77 778671.23 504868.22 178 719749.32 505065.49 281 774038.44 505272.68 385 723585.87 503843.87 78 778592.63 504656.90 179 723588.01 504714.23 282 714033,64 505208.16 387 713674.86 504033.00 79 718355.31 504821.05 180 723570.28 504775.04 283 714034.64 505122.69 388 718190.86 503931.79 80 718298.16 504812.52 781 723563.24 504717.14 285 714055.60 505102.71 81 718260.77 504828.70 182 723527.96 504743.19 286 714090.62 505094.70 82 718033.21 505353.86 183 723427.03 504762.77 288 714179.83 505087.11 83 777829.05 505376.26 184 723260.48 504860.42 289 714203.06 50508J.85 84 717649.80 505408.53 185 723219.22 504884.74 290 714251,86 505070.09 85 717553.94 505436.02 186 723133.30 504935.39 291 714286.65 505064.07 86 717469.90 505465.89 187 723088.17 504977.64 292 714300.57 505060.02 87 717360.99 505556.77 188 723023.35 505000.52 294 714367.43 505026.84 88 717217.64 505708.64 789 722967.56 505005.97 295 714383.24 505013.21 89 717099.58 505775.86 190 722634.05 505032.86 296 7144C5.37 504976.38 90 776886.29 505824.67 191 722631.97 505033.02 297 774412.85 504955.59 91 716456.16 505882.53 192 722309.52 505225.23 299 714417.56 504571.59 92 776046.45 505838.10 193 722279.05 505195.76 93 716025.28 505737.27 194 722007.86 505126.98 94 715969.27 505607.80 195 727629.47 505003.29 95 715747.26 505392.54 196 721645.99 504906.49 SEE SHEETS 1 -4 FOR SIGNATURE AND NOTES. 96 714317.20 505391.85 197 727661.22 504818.41 COORDINATE TABLE 97 714320.97 505754.99 198 721671.35 504759.83 98 714274,43 505779.31 199 721685.19 504679,76 99 714234.96 505802.82 * * NOT A SURVEY J.1 26, 2006 - 08:08:25 JCSOTTYIxr \SUR \03312\SS1 9 \1H- 21.d.9 re .w1O°w�.r CLIENT: COLM �^ IMF & P�� wilsmmillei rIrLE: SKETCH OF DESCRIPTION OF PART OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 �' AND SECTIONS 7 AND 16, TOWNSHIP 48 SOUTH, W✓JDE EA 19 EAST PWw - Erahmm.6 Sn"M-LAnyp*&Ard,,d- bnrPWft#M CVLftnb COLLIER COUNTY, FLORIDA GATE: PROJECT NO.: SHEET NUMBER: FILE NO.: F 1w" Tibhln "- t c#l&Mch AWN • • 8ruoh Tw" =089WLM9Ulv30.Mpb%Fb 3WS -&1'p -Nw-=449- -Fu S1F601VA• Wbb-M wiWMvnpw m 3/06 03312 -PO4- 000 -21000 5 OF 5 1H -21S1 Agenda Item No. 17D February 13, 2007 Page 112 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTION 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA. LANDS RESERVED FOR EARTH MINING AND PROCESSING USES ALL THAT PART OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (POINT NUMBER 1, NORTHING 712804.21, EASTING 504055.04) THENCE ALONG THE WEST LINE OF SAID SECTION 18, NORTH 01'27'02" WEST, 150.04 FEET TO A POINT ON A LINE 100 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT -OF -WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT -OF -WAY), (POINT NUMBER 253, NORTHING 712954.19, EASTING 504051.23); THENCE ALONG SAID LINE, NORTH 88 044'55" EAST, 2.08 FEET (POINT NUMBER 109, NORTHING 712954.20, EASTING 504053.33); THENCE NORTH 88 °56'28" EAST 1324.28 FEET TO THE POINT OF BEGINNING (POINT NUMBER 370, NORTHING 712978.70, EASTING 505377.38); THENCE THROUGH THE FOLLOWING VERTICES IN STRAIGHT LINE SEGMENTS ULESS OTHERWISE NOTED: POINT NUMBER 371, NORTHING 713113.83, EASTING 505376.97; POINT NUMBER 372, NORTHING 713086.61, EASTING 504510.21 SAID POINT BEING THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.01 °48'45 "W., A RADIAL DISTANCE OF 191.10 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 81'02'28", A DISTANCE OF 270.30 FEET, HAVING A CHORD BEARING OF NORTH 51 017'31" WEST FOR 248.32 FEET (POINT NUMBER 373, NORTHING 713241.90, EASTING 504316.43); THENCE N.10 °46'18 "W., A DISTANCE OF 392.40 FEET TO A POINT OF CURVE TO THE RIGHT (POINT NUMBER 374, NORTHING 713627.38, EASTING 504243.10) HAVING A RADIUS OF 791.10 FEET AND A CENTRAL ANGLE OF 22 °16'21 "; THENCE NORTHERLY ALONG THE ARC A DISTANCE OF 307.52 FEET, HAVING A CHORD BEARING OF NORTH 00 °21'53" EAST FOR 305.59 FEET (POINT NUMBER 375, NORTHING 713932.97, EASTING 504245.04); THENCE N.1 1'30'04"E., A DISTANCE OF 308.21 FEET TO A POINT OF CURVE TO THE RIGHT (POINT NUMBER 376, NORTHING 714234.99, EASTING 504306.49) HAVING A RADIUS OF 216.10 FEET AND A CENTRAL ANGLE OF 77 °26'16 "; THENCE NORTHEASTERLY ALONG THE ARC A DISTANCE OF 292.07 FEET, HAVING A CHORD BEARING OF NORTH 50 013'12 EAST 270.34 FEET (POINT NUMBER 377, NORTHING 714407.96, EASTING 504514.25); THENCE N.88 °56'20 "E., A DISTANCE OF 407.42 FEET (POINT NUMBER 378, NORTHING 714415.51, EASTING 504921.60) TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 116.10 FEET AND A CENTRAL ANGLE OF 73 °16'12 "; THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 148.47 FEET, HAVING A CHORD BEARING OF SOUTH 54 °25'34" EAST FOR 138.56 FEET (POINT NUMBER 379, NORTHING 714334.90, EASTING 505034.30); THENCE S.17 °47'28 "E., A DISTANCE OF 264.86 FEET, (POINT NUMBER 380, NORTHING 714082.71, EASTING 505115.23) TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 58.90 FEET AND A CENTRAL ANGLE OF 72 °10'38 "; 'tea 8/15/200& 174324 Ver. 011- JCSOTY A11 J3312- 009000- - 0 Agenda Item No. 17D February 13, 2007 Page 113 of 151 DESCRIPTION OF LANDS SECTION 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 2 OF 3 THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 74.20 FEET, HAVING A CHORD BEARING OF SOUTH 53 °52'47" EAST 69.39 FEET (POINT NUMBER 381, NORTHING 714041.81, EASTING 505171.28); POINT NUMBER 382, NORTHING 714041.74, EASTING 505392.70; THENCE CONTINUING ALONG EAST LINE OF PARCEL IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBERS 96 THROUGH 108 INCLUSIVE) POINT NUMBER 96, NORTHING 714317.20, EASTING 505391.85 POINT NUMBER 97, NORTHING 714320.97, EASTING 505754.99 POINT NUMBER 98, NORTHING 714274.43, FASTING 505779.31 POINT NUMBER 99, NORTHING 714234.96, EASTING 505802.82 POINT NUMBER 100, NORTHING 713763.55, EASTING 506100.38 POINT NUMBER 101, NORTHING 713721.48, EASTING 506125.22 POINT NUMBER 102, NORTHING 713673.87, EASTING 506149.50 POINT NUMBER 103, NORTHING 713673.87, EASTING 505923.61 POINT NUMBER 104, NORTHING 713388.86, EASTING 505923.61 POINT NUMBER 105, NORTHING 713388.86, EASTING 506225.18 POINT NUMBER 106, NORTHING 713364.22, EASTING 506226.78 POINT NUMBER 107, NORTHING 713338.18, EASTING 506227.68; THENCE SOUTH 01 003'33" EAST 343.73 FEET TO A POINT ON A LINE 100 FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF OIL WELL ROAD (100 FOOT RIGHT OF WAY) (POINT NUMBER 108, NORTHING 712994.51, EASTING 506234.03); THENCE ALONG SAID LINE SOUTH 88 °56'28" WEST 856.79 FEET TO THE POINT OF BEGINNING. (POINT NUMBER 370, NORTHING 712978.70, EASTING 505377.38) PARCEL CONTAINS 50.08 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH 89 °44'55" WEST. STATEMENT OF DEFINITION, ACCURACY AND COORDINATE BASIS 1. DEFINITION: A. THE EXTERIOR BOUNDS OF S.S.A. 9 ARE BASED ON STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "A "(REFERENCE WILSONMILLER DRAWING NUMBER 11-1-21). 2. ACCURACY: A. THESE LINES ARE BASED ON INTERPRETATIONS FROM AERIAL PHOTOGRAPHS HAVING THE FOLLOWING PARAMETERS: 1. DATE OF PHOTOGRAPHY: 4/23/03 2. NEGATIVE SCALE: 1:36000 3. PIXEL DIAMETER: 2.5' 4. TARGET SCALE: 1 " =500' 5. SCALE NOT TO EXCEED 1"=500'. 6. THIS IMAGERY HAS NOT BEEN ORTHO CORRECTED IN ORDER TO MEET MINIMUM TECHNICAL STANDARDS OR NATIONAL MAP ACCURACY STANDARDS. 811512006-174324 Ver 011- JCSOTTY CAw3 03312- 009 -000 - - 0 Agenda Item No. 17D February 13, 2007 Page 114 of 151 DESCRIPTION OF LANDS SECTION 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 3 OF 3 7. VERTICAL ELEVATION CHANGES WILL CAUSE HORIZONTAL DISPLACEMENT. EVERY EFFORT HAS BEEN MADE TO MINIMIZE THIS EFFECT FOR CRITICAL FEATURES. 8. IN AREAS WHERE TALL STRUCTURES OR TREES LEAN TO OBSTRUCT FEATURES, EXPOSURES WERE MOSAICKED IN AN EFFORT TO MINIMIZE THE EFFECT. 9. THIS PRODUCT IS SIMILAR IN ACCURACY TO RECTIFIED ENLARGEMENTS, EXCEPT PROVIDED IN A DIGITAL FORMAT. B. BASED ON THESE PARAMETERS, THE LINES DEPICTED IN THIS DIGITAL FILE HAVE AN ESTIMATED POSITIONAL ACCURACY OF +/- 20 FEET. C. MINOR DIFFERENCES IN POSITION AND ACREAGE BETWEEN THIS DESCRIPTION AND OTHER FORMATS CAN BE ATTRIBUTED TO COORDINATE PROJECTION AND SOFTWARE ACCURACY PARAMETERS. 3. COORDINATE BASIS: THE LINES DEPICTED HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83, GRS80, US SURVEY FEET. BY DATE BRADLEY E. STOCKHAM, P.S.M. PSM. #6390 WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A PROFESSIONAL SURVEYOR AND MAPPER. REFERENCE WILSONMILLER DRAWING NUMBER 1 H- 21.S3. 8/15200&174324 Ver. 011- JCS0TTY :AfM3 33312 -00 9-000- - 0 T -48-S 6 B.c.l. PREPARED BY. O.R. BOOK 2493 W W PAGE 2779 GyC. 4' 7 . L `7� N895 1'32'E BRADLEY E. STOCKHAM, P.S.M. L.S. #6390 DATE N89'00'09 "E 1993.61' 1106.06' / OK B. O.R. BO 2493 PAGE OK CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING C15 74.20 58.90 7710'38" 69.39 1 S53'52'47"E C16 148.47 116.10 73'16'12" 138.56 L S54'25'34 "E C17 292.07 216.10 77'26'16" 270.34 N50.13.12 "E C18 307.52 791.10 2716'21" 305.59 NOO- 21'53" C19 270.30 191.10 81.02'28" 248.32 N51'17 -31 "W 12 S89'14'56"W 151.63' Agenda Item No. 17D d IJ. vt Page 115 of 151 9.C.P. O.R. C.D.C. O.R. 3. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13. TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA 1537 O PAGE 749 PACE 1546 P.O.C. POINT OF COMMENCEMENT ° 13 II N89'32'26 "E 1692.67' LJ QN M0 W O� �z0 C) w V) \ o d B.C.I. O.R. F ti 0 CirvN f _ w A 501' 11.28 "E 0 0 o °a PAGE 2779 150.02' ,� •w 1/4 CORNE f mom non 0 500 1000 2000 4000 m r Nm GRAPHIC SCALE GENERAL NOTES: 1. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED S Agenda Item No. 17D d IJ. vt Page 115 of 151 9.C.P. O.R. ABBREVIATIONS: O.R. LL RECORD BOOK 3. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13. TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BOOK 2009 BEING SOUTH 89'44'55' WEST. B.C.P. COLLIER PARTNERSHIP R.O.W = RIGHT RIGHT O OF WAY PACE 1546 P.O.C. POINT OF COMMENCEMENT 5. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF P.O.S. ° POINT OF BEGINNING C.D.C. COLLIER DEVELOPMENT CORPORATION 7 PARCEL DESCRIBED 4 789.40 ACRES 3 OVERALL a �p d B.C.I. O.R. 0 CirvN f _ w BOOK 2493 B.C.P. O.R. BOOK PAGE 0 0 o °a PAGE 2779 1-1553 154546 6 mm f mom non m r Nm S O.R. BOOK 2545 m N p PAGE 596 1,J B.C.P. p BO OK 00 1 8 PAGE 118 � �oW LANDS RESERVED FOR EARTH CID MINING AND PROCESSING USE -0 o m 1377 cn o CONTAINS m *79 50.081 ACRES y 97 15 A O 1 105 / ``NO1'27'02 "W` L1p0' L(f00' WELL ROAD WAY) 1 150.04' P.O.S PI EARTH MINING AND PROCESSING USES PARCEL EARTH MINING AND PROCESSING USES PARCEL SW CORNER OF SECTION 18 2. NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ABBREVIATIONS: O.R. LL RECORD BOOK 3. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13. TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA COLLIE C.E. = COLLIER ENTERPRISES, LTD B.C.I. = BARRON COLLIER INVESTMENTS LTD BEING SOUTH 89'44'55' WEST. B.C.P. COLLIER PARTNERSHIP R.O.W = RIGHT RIGHT O OF WAY 4. CERTIFICATE OF AUTHORIZATION jILB -43 P.O.C. POINT OF COMMENCEMENT 5. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF P.O.S. ° POINT OF BEGINNING C.D.C. COLLIER DEVELOPMENT CORPORATION RECORD. 6. THIS SKETCH MAY HAVE BEEN REDUCED. 7. SEE ATTACHED FOR LEGAL DESCRIPTION SSA# 9 LANDS RESERVED FOR EARTH 8. POINTS ARE SEOUENTW. AND LABELED INCREMENTALLY. MINING AND PROCESSING USES INTERMEDIATE POINT LABELS ARE OMITTED FOR CLARITY. 9. REFERENCE WILSONMILLER PCDOCS NUMBER 171904 FOR DESCRIPTION CONTAINING 50.08 ACRES +/- 10. SEE SHEET 5 FOR COORDINATE TABLE. Jul 26. 2006 - a9:08:44 JCSOTTYIX: \SUR\03312 \SSA 9\11-i- 21.dwg A r li= ==. CLIENT: �M jj a ��,��M,,��� TITLE: CICC'fr.41 AC flCti`fl n IV Tiero - Erlprom4 - Ecl*II - SWmywv - Wd/c+P6 ArcRocb . TrwNpodabao C&"anie Ina DATE: NeAb+ - Fvl a lb4 - Bvwab . Fr4dwuW1 . Trrp - 7ablrsee . Panenl4 Ciy Bede J=B4b7 Lena Sub 207 - N4*t fierke 3OV5450 - NO 2W449-+u10 - Fir 23940-" - Web-M ewswb"*w.c 3/06 ** NOT A SURVEY ** MLM SECTION 18. TOWNSHIP 48 SOUTH, WAGE 29 EAST COLLIER COUNTY, FLORIDA •KUJLUl nu.: I SHLLI NUM11111: I FILE NO.: 03312 -PO4- 000 -21000 4 OF 5 IN-21S3 Agenda Item No. 17D February 13, 2007 Dnqp Ile nf POINT POINT POINT POINT NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING FASTING NUMBER NORTHING EASTING 1 712804.21 504055.04 100 773763.55 506100.38 200 721697.38 504609.31 300 714413.04 504493.69 2 712792.47 501378.16 101 713721.48 506125.22 201 721740. 11 504362.17 301 714409.24 504475.31 3 712942.46 501375.04 701 713673.87 506149.50 202 721768.81 504339.41 302 714404.45 504465.04 4 715479.80 501322.29 103 713673.87 505923.61 203 721772.62 504340.16 303 714370.65 504408.84 5 715493.38 503014.91 104 713388.86 505923.67 204 721790.07 504343.61 305 714267.04 504315.95 6 718180.95 502959.36 105 713388.86 506225.18 205 727818.06 504349.15 306 714257.32 504309.09 7 718179.40 502807.73 106 713364.22 506226.78 206 721818.06 504349.15 307 714247.05 504304.30 6 723566.61 5027J7.98 707 713338.18 506227.68 207 721893.36 504360.09 312 713161.51 504346.51 9 723585.87 503843.87 708 712994.51 506234.OJ 208 722019.89 504378.48 31J 713146.15 504356.10 10 723590.77 505837.49 109 712954.20 504053.33 209 722019.92 504378.48 314 713131.64 504373.40 11 723456.97 505803.24 110 712942.46 501375.04 210 722029.68 504378.88 315 713107.70 504421.36 12 723343.69 505794.53 113 718230.06 504798.88 211 722101.13 504361.77 316 713088.01 504481.41 13 722818.37 505940.99 114 718218.48 504794.36 212 722176.61 504381.77 379 713112.75 505386.07 74 722805.79 505900.91 715 718166.80 504783.17 213 722267.00 504367.58 322 713672.27 503928.26 15 722790.98 505905.32 716 718725.04 504773.66 214 722322.66 504349.15 323 713378.57 503922.10 16 721395.56 506304.78 117 718725.04 504773,66 275 722385.82 504325.47 324 713314.41 503922.10 17 720754.42 506495.37 118 718125.04 504773.66 276 722426.86 504310,07 325 713279.87 503915.93 78 720744.79 506485.88 719 718048.06 504719.32 217 722524.49 504257.97 326 713267.53 503890.02 19 720738.29 506476.77 120 717960.12 504657.25 218 722524.49 504257.97 327 773270.00 503832.03 20 720733.37 506469.00 T21 717936.82 504638.02 279 722547.47 504222.18 328 773282.33 503704.95 21 72072650 506467.21 122 717781.90 504570.25 220 72255731 504140.75 329 713290.97 503664.24 22 720581.62 506468.06 123 717679.52 504425.77 221 722557.31 504140.75 330 713300.84 503644.49 23 72037709 506558.20 124 717671.15 504390.15 222 722556.95 504738.04 331 713320.58 503635.86 24 720365.21 506563.26 T25 717670.71 504388.19 223 722555.39 504133.23 332 713371.76 503632.16 25 720334.55 506574.68 126 717655.26 504378.50 224 722550.58 504118.40 333 713536.49 503633.39 26 720303.21 506584.07 127 717655.26 504378.49 225 722550.58 504118.40 334 773578.24 503626.62 27 720271.33 506591,39 128 717679.52 504769.46 226 722546.29 504102.46 335 773602.00 503632.99 28 720239.03 505596.61 129 717759.41 504041,67 227 722538.32 504072.86 336 773602.00 503632.99 29 72023725 506596.84 130 717776.06 504015.03 228 722532.35 504050.72 317 713606.05 503632.94 30 719987.00 506628.01 131 717786.80 503997.84 229 722579.34 504029.89 338 713626.74 503636.64 31 719967.71 506629.81 132 717786.80 503997,84 230 722490.71 503972.62 339 713647.89 503637.77 32 719970.17 506623.25 13J 718189.02 503995.09 231 722475.09 503930.97 340 713676.08 503639.46 J3 719972.07 506613.09 134 718392.92 503995.20 232 722467.28 503881.51 341 713712.17 503641.71 34 779975.88 506599.76 135 718855.57 503995.43 233 722472.48 503852.87 342 713752.49 503641.43 J5 719977.79 506585.80 136 719127.58 503995.57 234 722495.91 503839.86 343 713775.62 503641.71 36 719979.06 506571.20 137 71912771 503995,57 235 722575.96 503837.63 344 773778.18 503641.08 37 719979.06 506536.93 138 719440.56 503995.72 236 722579.34 503837.25 345 713782.01 503643.26 38 77997715 506527.70 739 719615.64 503995.81 237 722673.06 50383725 346 71J80545 503640.79 39 719974.61 506495.04 140 719864.49 503995.93 2J8 722660.61 503835.22 347 773831.36 503638.33 40 719973.34 506469.02 141 719904.63 504110.84 239 722757,64 503831.08 348 713865.91 503637.09 41 719970.80 506437.28 142 719948.81 504237.24 240 722833.45 503827.84 349 713886.88 503629.69 42 719970.80 506408.72 743 719949.26 504238.54 241 722917.63 503824.24 350 713905.39 503622.29 43 719970.17 506385.88 144 779949.26 504238.54 242 72J045.27 503819.71 351 713923.90 503621.05 44 719968.90 506373.18 145 719949.26 504238.54 243 723120.00 503817.06 352 773946.71 503623.52 45 779965.09 506355.41 146 719949.26 504238.54 244 723284.68 503811.22 J53 713972.01 503625.99 46 719961.92 506339.54 147 779947.29 504264.72 245 723423.63 503809.39 354 773995.46 503632.16 47 719953.03 506296.38 148 719948.31 504270.58 246 723482.53 503808.62 355 714017.66 503632.16 48 719951.73 506279.88 149 719950.39 504282.50 247 723565.93 503802.54 356 774039.87 503627.22 49 719949.86 506265.29 150 719955.80 504308.79 248 723582.56 503801.95 357 714079.35 503627.22 50 719948.59 506249.42 151 719960.90 504333.03 249 723585.14 503801.86 358 714097.69 503644.49 51 719947.32 506228.47 152 719961.98 504338.18 253 712954.19 504051.23 359 714099.09 503665.47 52 719945.42 506206.89 153 719966.62 504359.83 254 712947.89 502613.35 360 774101.56 503692.67 53 719945.42 506190.39 154 719967.75 504368.63 255 714752.79 502586.86 361 774106.50 503735.79 54 719945.98 506178.11 155 719970.49 504389.99 256 714324.00 502528.47 362 774108.96 503771.57 55 719945.34 506167.79 156 719972.04 504408.55 257 714688.63 502520.57 363 714110.20 503801.18 56 719946.63 506147.79 757 719973.58 504428.65 258 714896.54 502817.71 364 774705.26 503854.24 57 719950.87 506131.96 158 719974.41 504438.19 259 714958.93 503139.76 365 714107.26 50389J.23 58 719945.00 506017.93 159 719975.13 504446.44 260 715248.26 503399.49 366 714089.22 503924.56 59 719902.95 505907.81 160 779977.20 504457.06 261 715418.12 503432.49 367 774011.50 503930.7.3 60 719945.00 505784.48 161 719980.54 504474.27 262 715505.05 503787.69 358 713828.90 503929.50 61 719966.44 505656.35 762 719982.74 504486.01 263 775532.10 503982.77 369 773674.86 504033.00 62 719949.01 505576.68 163 719985.18 504499.02 264 715632.38 504273.17 370 712978.70 505377.38 63 779904.20 505490.79 764 719989.05 504529.18 265 775650.42 504380.01 377 713113.83 505376.97 64 719823.28 505388.71 765 779989.82 504557.79 265 775466.94 504980.23 372 713086.61 504570.27 65 719725.81 505079.48 166 719989.82 504584.85 267 775479.68 505039.00 373 713241.90 504376.43 66 779691.35 505072.71 167 719989.82 504617.33 268 715572.70 505175.03 374 713627.38 504243.10 67 719647.04 505041.85 168 779992.14 504655.22 269 715717.35 505309.42 375 713932,97 504245.04 66 719396.80 504764.63 169 719997.56 504583.05 270 715716.99 505392.53 376 714234.99 504306.49 69 719318.02 504713.24 170 720002.20 504713.99 272 714103.96 505387.63 377 71440796 504574.25 70 719208.91 504699.61 171 720005.00 504736.97 273 714088.51 505381.27 378 714415.51 504921.60 71 719133.42 504696.12 172 720006.06 504745.70 274 714081.15 505377.30 379 714334.90 505034.30 72 779037.42 50472J.50 173 720008.41 504754.92 275 714074.08 505372.83 380 714082.71 505115.23 73 718975.88 504785.14 174 72001754 504790.84 276 714064.11 505365.23 381 714041.81 505171.28 74 778934.66 504860.42 175 720020.36 504846.78 277 714057.36 505359.05 382 714041.74 505392.70 75 718887.27 504891.29 176 720023.65 504922.06 278 714058.09 505337.04 383 712954.19 504051.25 76 718825.74 504691.29 177 719777.51 505048.72 279 714057.14 505323.59 384 712804.21 504055.04 77 718671.23 504868.22 178 719749.32 505065.49 281 714038.44 505272.68 385 723585.87 503843.87 78 718592.63 504856.90 179 723588.01 504714.23 282 714033.64 505208.16 387 713674.86 504033.00 79 718355.31 504821.05 780 723570.28 504715.04 283 714034.84 505722.69 388 718190.86 503931.19 80 718298.16 504812.52 181 723563.24 504717.14 285 714065.60 505702.11 81 718260.17 504828.70 182 723527.96 504743.19 286 714090.62 505094.70 82 718033.21 505J53.86 783 723427.03 504762.77 288 774179.83 505087.17 83 717829.05 505376.26 184 723260.48 504860.42 289 714203.06 505083.85 84 717649.80 505408.63 185 723219.22 504884.74 290 714251.86 505070.09 85 717553.94 505436.02 186 723733.30 504935.39 291 714286.65 505064.07 86 717469.90 505465.89 187 723088.17 504977.64 292 714300.57 505060.02 87 717360.99 505556.77 188 723023.35 505000.52 294 714367.43 505026.84 88 717217.84 505708.64 789 722967.56 505006.97 295 714383.24 505013.21 89 717099.58 505775.86 190 722634.05 505032.86 296 714405.37 504976.38 90 716886.29 505824.67 191 722631.97 505033.02 297 714412.85 504955.59 91 716456.16 505882.53 192 722309.52 505225.23 299 714417.56 504571.59 92 716046.45 505838.10 193 722219.05 505195.76 93 776025.28 505717.27 194 72200786 505126.98 94 715969.27 505607.80 195 721629.41 505003.29 95 715741.26 505J92.54 196 721645.99 504906.49 SEE SHEETS 1 -4 FOR SIGNATURE AND NOTES. 96 774317.20 505J97.85 197 721667.22 504818.41 COORDINATE TABLE 97 774320.97 505754.99 198 721671.35 504759.83 98 714274.4J 505779.31 199 721685.19 504679.76 ** NOT A SURVEY ** 99 774234.96 503802.82 Jul 26, 2006 - 08:08:25 JCSOTTYIX: \SUR\03312\SSA 9 \11-1- 21.dwg �is��uw1i�° r CLIENT: BOJO N OOLM 1'IIIESIWM& BAIUM CQL= PAIMJE'ROV wi �miil'ie� nnE. SKETCH OF DESCRIPTION OF PART OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST ' AND SECTIONS 7 AND 18, TOWNSHIP 46 SOUTH. RANGE 29 EAST Rm-at• SlpiiiiiIii >t S/10}EfR• 1.i AmM A/dlflCd rM LYOR CamIrIN COWER COUNTY. FLORIDA wkonwkr, k= DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: 1 980118YkyLs" SAO 99W-MR*4RA l . Rom 4M - Wdp4ft wiit I 11 3/06 03312 -PC4- 000 -21000 5 OF 5 1H -21$1 r ., �� . Agenda Item No. 17D February 13, 2007 Page 118 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 28 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA. (SSA9 — RESTORATION PARCELS) ALL THAT PART OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST AND SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "A" BEGINNING AT THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (POINT NUMBER 9, NORTHING 723585.87, EASTING 503843.88) THENCE ALONG THE NORTH LINE OF SAID SECTION 7 SOUTH 89 051'32" EAST 870.36 FEET (TO POINT NUMBER 179, NORTHING 723588.01, EASTING 504714.23); THENCE LEAVING SAID NORTH LINE OF SECTION 7 IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBERS 180 THROUGH 249 INCLUSIVE) POINT NUMBER 180, NORTHING 723570.28, EASTING 504715.04 POINT NUMBER 181, NORTHING 723563.24, EASTING 504717.14 POINT NUMBER 182, NORTHING 723527.96, EASTING 504743.19 POINT NUMBER 183, NORTHING 723427.03, EASTING 504762.77 POINT NUMBER 184, NORTHING 723260.48, EASTING 504860.42 POINT NUMBER 185, NORTHING 723219.22, EASTING 504884.74 POINT NUMBER 186, NORTHING 723133.30, EASTING 504935.39 POINT NUMBER 187, NORTHING 723088.17, EASTING 504977.64 POINT NUMBER 188, NORTHING 723023.35, EASTING 505000.52 POINT NUMBER 189, NORTHING 722967.56, EASTING 505006.97 POINT NUMBER 190, NORTHING 722634.05, EASTING 505032.86 POINT NUMBER 191, NORTHING 722631.97, EASTING 505033.02 POINT NUMBER 192, NORTHING 722309.52, EASTING 505225.23 POINT NUMBER 193, NORTHING 722219.05, EASTING 505195.76 POINT NUMBER 194, NORTHING 722007.86, EASTING 505126.98 POINT NUMBER 195, NORTHING 721629.41, EASTING 505003.29 POINT NUMBER 196, NORTHING 721645.99, EASTING 504906.49 POINT NUMBER 197, NORTHING 721661.22, EASTING 504818.41 POINT NUMBER 198, NORTHING 721671.35, EASTING 504759.83 POINT NUMBER 199, NORTHING 721685.19, EASTING 504679.76 POINT NUMBER 200, NORTHING 721697.38, EASTING 504609.31 9/82006- 176866 Ve . 011- BSTOCKHA CA— )3312- 000 -000- - 0 Agenda Item No. 17D February 13, 2007 Page 119 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 2 OF 10 POINT NUMBER 201, NORTHING 721740.11, EASTING 504362.17 POINT NUMBER 202, NORTHING 721768.82, EASTING 504339.41 POINT NUMBER 203, NORTHING 721772.62, EASTING 504340.16 POINT NUMBER 204, NORTHING 721790.07, EASTING 504343.61 POINT NUMBER 205, NORTHING 721818.06, EASTING 504349.15 POINT NUMBER 206, NORTHING 721818.06, EASTING 504349.15 POINT NUMBER 207, NORTHING 721893.36, EASTING 504360.09 POINT NUMBER 208, NORTHING 722019.89, EASTING 504378.48 POINT NUMBER 209, NORTHING 722019.92, EASTING 504378.48 POINT NUMBER 210, NORTHING 722029.68, EASTING 504378.88 POINT NUMBER 211, NORTHING 722101.13, EASTING 504381.77 POINT NUMBER 212, NORTHING 722176.61, EASTING 504381.77 POINT NUMBER 213, NORTHING 722267.00, EASTING 504361.58 POINT NUMBER 214, NORTHING 722322.66, EASTING 504349.15 POINT NUMBER 215, NORTHING 722385.82, EASTING 504325.47 POINT NUMBER 216, NORTHING 722426.86, EASTING 504310.07 POINT NUMBER 217, NORTHING 722524.49, EASTING 504257.97 POINT NUMBER 218, NORTHING 722524.49, EASTING 504257.97 POINT NUMBER 219, NORTHING 722547.47, EASTING 504222.18 POINT NUMBER 220, NORTHING 722557.31, EASTING 504140.75 POINT NUMBER 221, NORTHING 722557.31, EASTING 504140.75 POINT NUMBER 222, NORTHING 722556.95, EASTING 504138.04 POINT NUMBER 223, NORTHING 722555.39, EASTING 504133.23 POINT NUMBER 224, NORTHING 722550.58, EASTING 504118.40 POINT NUMBER 225, NORTHING 722550.58, EASTING 504118.40 POINT NUMBER 226, NORTHING 722546.29, EASTING 504102.46 POINT NUMBER 227, NORTHING 722538.32, EASTING 504072.86 POINT NUMBER 228, NORTHING 722532.35, EASTING 504050.72 POINT NUMBER 229, NORTHING 722519.34, EASTING 504029.89 POINT NUMBER 230, NORTHING 722490.71, EASTING 503972.62 POINT NUMBER 231, NORTHING 722475.09, EASTING 503930.97 POINT NUMBER 232, NORTHING 722467.28, EASTING 503881.51 POINT NUMBER 233, NORTHING 722472.48, EASTING 503852.87 POINT NUMBER 234, NORTHING 722495.91, EASTING 503839.86 POINT NUMBER 235, NORTHING 722515.96, EASTING 503837.63 POINT NUMBER 236, NORTHING 722519.34, EASTING 503837.25 POINT NUMBER 237, NORTHING 722613.06, EASTING 503837.25 POINT NUMBER 238, NORTHING 722660.61, EASTING 503835.22 POINT NUMBER 239, NORTHING 722757.64, EASTING 503831.08 POINT NUMBER 240, NORTHING 722833.45, EASTING 503827.84 POINT NUMBER 241, NORTHING 722917.63, EASTING 503824.24 POINT NUMBER 242, NORTHING 723045.27, EASTING 503819.71 POINT NUMBER 243, NORTHING 723120.00, EASTING 503817.06 POINT NUMBER 244, NORTHING 723284.68, EASTING 503811.22 818/2006 176886 V- 011- BSTOCHHA CAW3 03312 - 000 -000 -- 0 Agenda Item No. 17D February 13, 2007 Page 120 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 3 OF 10 POINT NUMBER 245, NORTHING 723423.63, EASTING 503809.39 POINT NUMBER 246, NORTHING 723482.53, EASTING 503808.62 POINT NUMBER 247, NORTHING 723565.93, EASTING 503802.54 POINT NUMBER 248, NORTHING 723582.56, EASTING 503801.95; POINT NUMBER 249, NORTHING 723585.14, EASTING 503801.86, SAID POINT BEING ON THE NORTH LINE OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 28 EAST. THENCE ALONG THE NORTH LINE OF SAID SECTION 12 NORTH 89 000'10" EAST 42.02 FEET TO THE POINT OF BEGINNING OF THE PARCEL HERE IN DESCRIBED. CONTAINING 42.20 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL "B" COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7,TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (POINT NUMBER 388, NORTHING 718190.86, EASTING 503931.19); THENCE ALONG THE SOUTH LINE OF SECTION 7 NORTH 88 026'43" EAST 883.92 FEET; THENCE LEAVING SAID LINE NORTH 01 033'17" WEST 83.34 FEET TO THE POINT OF BEGINNING (POINT NUMBER 80, NORTHING 718298.16, EASTING 504812.52); THENCE CONTINUING IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINTS NUMBERS 113 THROUGH 178 INCUSIVE): POINT NUMBER 113, NORTHING 718230.06, EASTING 504798.88 POINT NUMBER 114, NORTHING 718218.48, EASTING 504794.36 POINT NUMBER 115, NORTHING 718166.80, EASTING 504783.17 POINT NUMBER 116, NORTHING 718125.04, EASTING 504773.66 POINT NUMBER 117, NORTHING 718125.04, EASTING 504773.66 POINT NUMBER 118, NORTHING 718125.04, EASTING 504773.66 POINT NUMBER 119, NORTHING 718048.06, EASTING 504719.32 POINT NUMBER 120, NORTHING 717960.12, EASTING 504657.25 POINT NUMBER 121, NORTHING 717936.82, EASTING 504638.02 POINT NUMBER 122, NORTHING 717781.90, EASTING 504510.25 POINT NUMBER 123, NORTHING 717679.52, EASTING 504425.77 POINT NUMBER 124, NORTHING 717671.15, EASTING 504390.15 POINT NUMBER 125, NORTHING 717670.71, EASTING 504388.19 POINT NUMBER 126, NORTHING 717655.26, EASTING 504318.50 POINT NUMBER 127, NORTHING 717655.26, EASTING 504318.49 POINT NUMBER 128, NORTHING 717679.52, EASTING 504169.46 POINT NUMBER 129, NORTHING 717759.41, EASTING 504041.67 POINT NUMBER 130, NORTHING 717776.06, EASTING 504015.03 POINT NUMBER 131, NORTHING 717786.80, EASTING 503997.84 POINT NUMBER 132, NORTHING 717786.80, EASTING 503997.84 0/814006 176866 Ver. 011 - BSTOCKHA ;AM3 03312 -000 - 000- -0 Agenda Item No. 17D February 13, 2007 Page 121 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 4 OF 10 POINT NUMBER 133, NORTHING 718189.02, EASTING 503995.09 POINT NUMBER 134, NORTHING 718392.92, EASTING 503995.20 POINT NUMBER 135, NORTHING 718855.57, EASTING 503995.43 POINT NUMBER 136, NORTHING 719127.58, EASTING 503995.57 POINT NUMBER 137, NORTHING 719127.71, EASTING 503995.57 POINT NUMBER 138, NORTHING 719440.56, EASTING 503995.72 POINT NUMBER 139, NORTHING 719615.64, EASTING 503995.81 POINT NUMBER 140, NORTHING 719864.49, EASTING 503995.93 POINT NUMBER 141, NORTHING 719904.63, EASTING 504110.84 POINT NUMBER 142, NORTHING 719948.81, EASTING 504237.24 POINT NUMBER 143, NORTHING 719949.26, EASTING 504238.54 POINT NUMBER 144, NORTHING 719949.26, EASTING 504238.54 POINT NUMBER 145, NORTHING 719949.26, EASTING 504238.54 POINT NUMBER 146, NORTHING 719949.26, EASTING 504238.54 POINT NUMBER 147, NORTHING 719947.29, EASTING 504264.72 POINT NUMBER 148, NORTHING 719948.31, EASTING 504270.58 POINT NUMBER 149, NORTHING 719950.39, EASTING 504282.50 POINT NUMBER 150, NORTHING 719955.80, EASTING 504308.79 POINT NUMBER 151, NORTHING 719960.90, EASTING 504333.03 POINT NUMBER 152, NORTHING 719961.98, EASTING 504338.18 POINT NUMBER 153, NORTHING 719966.62, EASTING 504359.83 POINT NUMBER 154, NORTHING 719967.75, EASTING 504368.63 POINT NUMBER 155, NORTHING 719970.49, EASTING 504389.99 POINT NUMBER 156, NORTHING 719972.04, EASTING 504408.55 POINT NUMBER 157, NORTHING 719973.58, EASTING 504428.65 POINT NUMBER 158, NORTHING 719974.41, EASTING 504438.19 POINT NUMBER 159, NORTHING 719975.13, EASTING 504446.44 POINT NUMBER 160, NORTHING 719977.20, EASTING 504457.06 POINT NUMBER 161, NORTHING 719980.54, EASTING 504474.27 POINT NUMBER 162, NORTHING 719982.74, EASTING 504486.01 POINT NUMBER 163, NORTHING 719985.18, EASTING 504499.02 POINT NUMBER 164, NORTHING 719989.05, EASTING 504529.18 POINT NUMBER 165, NORTHING 719989.82, EASTING 504557.79 POINT NUMBER 166, NORTHING 719989.82, EASTING 504584.85 POINT NUMBER 167, NORTHING 719989.82, EASTING 504617.33 POINT NUMBER 168, NORTHING 719992.14, EASTING 504655.22 POINT NUMBER 169, NORTHING 719997.56, EASTING 504683.06 POINT NUMBER 170, NORTHING 720002.20, EASTING 504713.99 POINT NUMBER 171, NORTHING 720005.00, EASTING 504736.97 POINT NUMBER 172, NORTHING 720006.06, EASTING 504745.70 POINT NUMBER 173, NORTHING 720008.41, EASTING 504754.92 POINT NUMBER 174, NORTHING 720017.54, EASTING 504790.84 POINT NUMBER 175, NORTHING 720020.36, EASTING 504846.78 POINT NUMBER 176, NORTHING 720023.65, EASTING 504922.06 9IW2006 176866 Ver: 011- BS70CKHA Cri 03312 - 000-000 -- 0 Agenda Item No. 17D February 13, 2007 Page 122 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 5 OF 10 POINT NUMBER 177, NORTHING 719777.51, EASTING 505048.72 POINT NUMBER 178, NORTHING 719749.32, EASTING 505065.49 THENCE SOUTH 30 044'52" EAST 27.36 FEET TO POINT NUMBER 65, NORTHING 719725.81, EASTING 505079.48; THENCE IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBERS 66 THROUGH 80 INCLUSIVE) POINT NUMBER 66, NORTHING 719691.35, EASTING 505072.71 POINT NUMBER 67, NORTHING 719647.04, EASTING 505041.85 POINT NUMBER 68, NORTHING 719396.80, EASTING 504764.63 POINT NUMBER 69, NORTHING 719318.02, EASTING 504713.24 POINT NUMBER 70, NORTHING 719208.91, EASTING 504699.61 POINT NUMBER 71, NORTHING 719133.42, EASTING 504696.12 POINT NUMBER 72, NORTHING 719037.42, EASTING 504723.50 POINT NUMBER 73, NORTHING 718975.88, EASTING 504785.14 POINT NUMBER 74, NORTHING 718934.86, EASTING 504860.42 POINT NUMBER 75, NORTHING 718887.27, EASTING 504891.29 POINT NUMBER 76, NORTHING 718825.74, EASTING 504891.29 POINT NUMBER 77, NORTHING 718671.23, EASTING 504868.22 POINT NUMBER 78, NORTHING 718592.63, EASTING 504856.90 POINT NUMBER 79, NORTHING 718355.31, EASTING 504821.05; POINT NUMBER 80, NORTHING 718298.16, EASTING 504812.52, SAID POINT BEING THE POINT OF BEGINNING. CONTAINING 42.45 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL "C" COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (POINT NUMBER 1, NORTHING 712804.21, EASTING 504055.048) THENCE ALONG THE WEST LINE OF SAID SECTION 18, NORTH 01 027'02" WEST, 150.04 FEET TO A POINT ON A LINE 100 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT -OF -WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT - OF -WAY) ALSO BEING THE POINT OF BEGINNING (POINT NUMBER 253, NORTHING 712954.19, EASTING 504051.23); THENCE LEAVING SAID WEST LINE OF SECTION 18 IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBERS 254 THROUGH 270 AND POINT NUMBER 96 INCLUSIVE) POINT NUMBER 254, NORTHING 712947.89, EASTING 502613.35 POINT NUMBER 255, NORTHING 714152.79, EASTING 502586.86 POINT NUMBER 256, NORTHING 714324.00, EASTING 502528.47 POINT NUMBER 257, NORTHING 714688.63, EASTING 502520.57 POINT NUMBER 258, NORTHING 714896.54, EASTING 502817.71 ..e. 918/2006- 176866 Vec 011- BSTOCKHA :AW3 33312 -000 -000- - 0 Agenda Item No, 17D February 13, 2007 Page 123 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH. RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 6 OF 10 POINT NUMBER 259, NORTHING 714958.93, EASTING 503139.76 POINT NUMBER 260, NORTHING 715248.26, EASTING 503399.49 POINT NUMBER 261, NORTHING 715418.12, EASTING 503432.49 POINT NUMBER 262, NORTHING 715505.05, EASTING 503787.69 POINT NUMBER 263, NORTHING 715532.10, EASTING 503982.77 POINT NUMBER 264, NORTHING 715632.38, EASTING 504273.11 POINT NUMBER 265, NORTHING 715650.42, EASTING 504380.01 POINT NUMBER 266, NORTHING 715466.94, EASTING 504980.23 POINT NUMBER 267, NORTHING 715479.68, EASTING 505039.00 POINT NUMBER 268, NORTHING 715572.70, EASTING 505175.03 POINT NUMBER 269, NORTHING 715717.35, EASTING 505309.42 POINT NUMBER 270, NORTHING 715716.99, EASTING 505392.53 POINT NUMBER 96, NORTHING 714317.20, EASTING 505391.86 THENCE THROUGH THE FOLLOWING VERTICES IN STRAIGHT LINE SEGMENTS UNLESS OTHERWISE NOTED: POINT NUMBER 382, NORTHING 714041.74, EASTING 505392.70; POINT NUMBER 381, NORTHING 714041.81, EASTING 505171.28 SAID POINT BEING THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.00 °01'54 "E., A RADIAL DISTANCE OF 58.90 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 72 °10'38 ", A DISTANCE OF 74.20 FEET, HAVING A CORD BEARING OF NORTH 53 °52'47" WEST FOR 69.39 FEET (TO POINT NUMBER 380, NORTHING 714082.71, EASTING 505115.23); THENCE N.17 °47'28 "W., A DISTANCE OF 264.86 FEET (POINT NUMBER 379, NORTHING 714334.90, EASTING 505034.30) TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 116.10 FEET AND A CENTRAL ANGLE OF 73 °16'12 "; THENCE NORTHWESTERLY ALONG THE ARC A DISTANCE OF 148.47 FEET, HAVING A CORD BEARING OF NORTH 54 °25'34" WEST FOR 138.56 FEET (TO POINT NUMBER 378, NORTHING 714415.51, EASTING 504921.60); THENCE S.88 °56'20 "W., A DISTANCE OF 407.42 FEET (POINT NUMBER 377, NORTHING 714407.96, EASTING 504514.25) TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 216.10 FEET AND A CENTRAL ANGLE OF 77 °26'16 "; THENCE SOUTHWESTERLY ALONG THE ARC A DISTANCE OF 292.07 FEET, HAVING A CHORD BEARING OF SOUTH 50 °13'12" WEST FOR 270.34 FEET (TO POINT NUMBER 376, NORTHING 714234.99, EASTING 504306.49); THENCE S.1 1'30'04"W., A DISTANCE OF 308.21 FEET (POINT NUMBER 375, NORTHING 713932.97, EASTING 504245.04) TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 791.10 FEET AND A CENTRAL ANGLE OF 22 °16'21 "; THENCE SOUTHERLY ALONG THE ARC A DISTANCE OF 307.52 FEETHAVING A CHORD BEARING OF SOUTH 00 °21'53" WEST FOR 305.59 FEET (TO POINT NUMBER 374, NORTHING 713627.38, EASTING 504243.10); THENCE S.10 °46'18 "E., A DISTANCE OF 392.40 FEET (POINT NUMBER 373, NORTHING 713241.90, EASTING 504316.43) TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 191.10 FEET AND A CENTRAL ANGLE OF 81'02'28"; THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 270.30 FEET, HAVING A CHORD BEARING OF SOUTH 51 °17'31" EAST FOR 248.32 FEET (TO THENCE IN SRTAIGHT LINE SEGMENTS THROUGH THE FOLOWING VERTICES: POINT NUMBER 372, NORTHING 713086.61, EASTING 504510.21; POINT NUMBER 371, NORTHING 713113.83, EASTING 505376.97; 9/8@006178866 Ver: 01!- BSTOCKHA C..1 03312 - 000.090 -- 0 Agenda Item No. 17D February 13, 2007 Page 124 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 7 OF 10 POINT NUMBER 370, NORTHING 712978.69, EASTING 505377.38 SAID POINT BEING ON A LINE LYING 100' NORTH OF AND PARRALLEL WITH THE NORTH RIGHT -OF -WAY LINE OF OIL WELL ROAD (100' R.O.W); THENCE ALONG SAID LINE IN STARIGHT LINE SEGMENTS THROGH THE FOLLOWING TWO (2) VERITICES: POINT NUMBER 109, NORTHING 712954.20, EASTING 504053.33; POINT NUMBER 253, NORTHING 712954.19, EASTING 504051.23 SAID POINT BEING THE POINT OF BEGINNING. CONTAINING 125.46 ACRES, MORE OR LESS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH 89 °44'55" WEST. LESS AND EXCEPT: LAKE PARCEL COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (POINT NUMBER 1, NORTHING 712804.21, EASTING 504055.048) THENCE ALONG THE WEST LINE OF SAID SECTION 18, NORTH 01'27'02" WEST, 150.04 FEET TO A POINT ON A LINE 100 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT -OF -WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT -OF -WAY) (POINT NUMBER 253, NORTHING 712954.19, EASTING 504051.23); THENCE CONTINUE ALONG WEST LINE OF SAID SECTION 18 NORTH 01'27'02" WEST, 720.89 FEET (TO POINT NUMBER 387, NORHTING 713674.86, EASTING 504033.00); THENCE LEAVING SAID WEST SECTION LINE SOUTH 88 032'58" WEST, 104.77 TO THE POINT OF BEGINNING (POINT NUMBER 322, NORTHING 713672.21, EASTING 503928.27) THENCE IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBERS 323 THROUGH 368 INCLUSIVE) POINT NUMBER 323, NORTHING 713378.57, EASTING 503922.10 POINT NUMBER 324, NORTHING 713314.41, EASTING 503922.10 POINT NUMBER 325, NORTHING 713279.87, EASTING 503915.93 POINT NUMBER 326, NORTHING 713267.53, EASTING 503890.02 POINT NUMBER 327, NORTHING 713270.00, EASTING 503832.03 POINT NUMBER 328, NORTHING 713282.33, EASTING 503704.95 POINT NUMBER 329, NORTHING 713290.97, EASTING 503664.24 POINT NUMBER 330, NORTHING 713300.84, EASTING 503644.49 POINT NUMBER 331, NORTHING 713320.58, EASTING 503635.86 POINT NUMBER 332, NORTHING 713371.16, EASTING 503632.16 9181006- 178888 V- 011- BSTOCKHA :AM3 '3312- 000 -000- - 0 Agenda Item No. 17D February 13, 2007 Page 125 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 8 OF 10 POINT NUMBER 333, NORTHING 713536.49, EASTING 503633.39 POINT NUMBER 334, NORTHING 713578.24, EASTING 503626.62 POINT NUMBER 335, NORTHING 713602.00, EASTING 503632.99 POINT NUMBER 336, NORTHING 713602.00, EASTING 503632.99 POINT NUMBER 337, NORTHING 713606.05, EASTING 503632.94 POINT NUMBER 338, NORTHING 713626.74, EASTING 503636.64 POINT NUMBER 339, NORTHING 713647.89, EASTING 503637.77 POINT NUMBER 340, NORTHING 713676.08, EASTING 503639.46 POINT NUMBER 341, NORTHING 713712.17, EASTING 503641.71 POINT NUMBER 342, NORTHING 713752.49, EASTING 503641.43 POINT NUMBER 343, NORTHING 713775.62, EASTING 503641.71 POINT NUMBER 344, NORTHING 713778.18, EASTING 503641.08 POINT NUMBER 345, NORTHING 713782.01, EASTING 503643.26 POINT NUMBER 346, NORTHING 713805.45, EASTING 503640.79 POINT NUMBER 347, NORTHING 713831.36, EASTING 503638.33 POINT NUMBER 348, NORTHING 713865.91, EASTING 503637.09 POINT NUMBER 349, NORTHING 713886.88, EASTING 503629.69 POINT NUMBER 350, NORTHING 713905.39, EASTING 503622.29 POINT NUMBER 351, NORTHING 713923.90, EASTING 503621.05 POINT NUMBER 352, NORTHING 713946.11, EASTING 503623.52 POINT NUMBER 353, NORTHING 713972.01, EASTING 503625.99 POINT NUMBER 354, NORTHING 713995.46, EASTING 503632.16 POINT NUMBER 355, NORTHING 714017.66, EASTING 503632.16 POINT NUMBER 356, NORTHING 714039.87, EASTING 503627.22 POINT NUMBER 357, NORTHING 714079.35, EASTING 503627.22 POINT NUMBER 358, NORTHING 714091.69, EASTING 503644.49 POINT NUMBER 359, NORTHING 714099.09, EASTING 503665.47 POINT NUMBER 360, NORTHING 714101.56, EASTING 503692.61 POINT NUMBER 361, NORTHING 714106.50, EASTING 503735.79 POINT NUMBER 362, NORTHING 714108.96, EASTING 503771.57 POINT NUMBER 363, NORTHING 714110.20, EASTING 503801.18 POINT NUMBER 364, NORTHING 714105.26, EASTING 503854.24 POINT NUMBER 365, NORTHING 714107.26, EASTING 503893.23 POINT NUMBER 366, NORTHING 714089.22, EASTING 503924.56 POINT NUMBER 367, NORTHING 714011.50, EASTING 503930.73 POINT NUMBER 368, NORTHING 713828.90, EASTING 503929.50 POINT NUMBER 322, NORTHING 713672.21, EASTING 503928.26, SAID POINT BEING THE POINT OF BEGINNING 9/812006 176866 Ver: 011- BSTOCKHA GA.3 03312 - 000 -000- - 0 Agenda Item No. 17D February 13, 2007 Page 126 of 151 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 9 OF 10 CONTAINING 5.55 ACRES, MORE OR LESS. PARCEL "C" CONTAINS 119.91 NET ACRES +\- SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH 89 °44'55" WEST. STATEMENT OF DEFINITION, ACCURACY AND COORDINATE BASIS 1. DEFINITION: A. THE EXTERIOR BOUNDS OF S.S.A. 9 ARE BASED ON STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "A "(REFERENCE WILSONMILLER DRAWING NUMBER 1H -21). 2. ACCURACY: A. THESE LINES ARE BASED ON INTERPRETATIONS FROM AERIAL PHOTOGRAPHS HAVING THE FOLLOWING PARAMETERS: 1. DATE OF PHOTOGRAPHY: 4/23/03 2. NEGATIVE SCALE: 1:36000 3. PIXEL DIAMETER: 2.5' 4. TARGET SCALE: 1"=500' 5. SCALE NOT TO EXCEED 1"=500'. 6. THIS IMAGERY HAS NOT BEEN ORTHO CORRECTED IN ORDER TO MEET MINIMUM TECHNICAL STANDARDS OR NATIONAL MAP ACCURACY STANDARDS. 7. VERTICAL ELEVATION CHANGES WILL CAUSE HORIZONTAL DISPLACEMENT. EVERY EFFORT HAS BEEN MADE TO MINIMIZE THIS EFFECT FOR CRITICAL FEATURES. 8. IN AREAS WHERE TALL STRUCTURES OR TREES LEAN TO OBSTRUCT FEATURES, EXPOSURES WERE MOSAICKED IN AN EFFORT TO MINIMIZE THE EFFECT. 9. THIS PRODUCT IS SIMILAR IN ACCURACY TO RECTIFIED ENLARGEMENTS, EXCEPT PROVIDED IN A DIGITAL FORMAT. B. BASED ON THESE PARAMETERS, THE LINES DEPICTED IN THIS DIGITAL FILE HAVE AN ESTIMATED POSITIONAL ACCURACY OF +/- 20 FEET. C. MINOR DIFFERENCES IN POSITION AND ACREAGE BETWEEN THIS DESCRIPTION AND OTHER FORMATS CAN BE ATTRIBUTED TO COORDINATE PROJECTION AND SOFTWARE ACCURACY PARAMETERS. 3. COORDINATE BASIS: THE LINES DEPICTED HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83, GRS80, US SURVEY FEET. M1200 6-178888 Ver: 01!- BSTOCKHA :Ni143 43312- 000 -000 -- 0 Agenda Item No. 17D February 13, 2007 ®ISORMiller, Page 127 of 151 NewDi/ecfionS In Planning, Design & Engineering ( DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COWER COUNTY, FLORIDA SHEEr 10 OF 10 BY ' DATE 2' 6-0 Z BRADLEY E. S i OCKHAM, P.S.M. PSM -#6390 WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A PROFESSIONAL SURVEYOR AND MAPPER. REFERENCE WILSONMILLER DRAWING NUMBER I H -21 S2. i&—d•178964 Ver. oil- BST0aQiA A94 3312.000 - 000.0 ALL THAT PART OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST AND SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SSA9 — 789.40 ACRE PARCEL COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. (POINT NUMBER 1, NORTHING 712804.21, FASTING 504055.05); THENCE RUNNING ALONG THE SOUTH LINE OF SAID SECTION 13 SOUTH 89 044' 55" WEST 2676.91 FEET TO THE SOUTH I/< CORNER OF SAID SECTION 13 (POINT NUMBER 2, NORTHING 712792.47, EASTING 501378.16); THENCE LEAVING SAID SOUTH LINE OF SECTION 13, NORTH 01 °11'28" WEST 150.02 FEET ALONG THE SOUHTHERLY EXTENSION OF THE WEST LINE OF A PARCEL DESCRIBED IN O.R. BOOK 2493, PAGE 2779 -2796 TO THE POINT OF INTERSECTION WITH A LINE LYING 100 FEET NORTH OF AND PARALLEL TO THE NORTH LINE OF OIL WELL ROAD (100' RIGHT -OF -WAY), AND TO THE POINT OF BEGINNING (POINT NUMBER 3, NORTHING 712942.46, EASTING 501375.04); THENCE CONTINUE ALONG THE WEST LINE OF A PARCEL DESCRIBED IN O.R. BOOK 2493 PAGES 2779 -2796 NORTH 01011'28" WEST 2537.89 FEET TO THE NORTHWEST CORNER OF SAID PARCEL (POINT NUMBER 4, NORTHING 715479.80, EASTING 501322.29); THENCE NORTH 89 032'26" EAST 1692.67 FEET ALONG THE NORTH LINE OF SAID PARCEL AND CONTINUING ALONG THE NORTH LINE OF A PARCEL DESCRIBED IN O.R. BOOK 2009, PAGES 1554 -1558 TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN O.R. BOOK 2493, PAGES 2779 -2796 (POINT NUMBER 5, NORTHING 715493.38, EASTING 503014.91); THENCE ALONG THE WEST LINE OF SAID LANDS DESCRIBED IN O.R. BOOK 2493, PAGES 2779- 2796, NORTH 01011'02" WEST 2688.15 FEET TO THE NORTHWEST CORNER OF SAID LANDS, SAID POINT ALSO BEING A POINT ON THE SOUTH LINE OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 28 EAST COLLIER COUNTY, FLORIDA (POINT NUMBER 6, NORTHING 718180.95, EASTING 502959.36); THENCE ALONG SAID SOUTH LINE OF SECTION 12 SOUTH 89 024'56" WEST 151.63 FEET TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN O.R. BOOK 2493, PAGE 2779 -2796 (POINT NUMBER 7, NORTHING 718179.41, EASTING 502807.74); THENCE ALONG THE WEST LINE OF SAID PARCEL NORTH 00 °44'30" WEST 5387.66 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND A POINT ON THE SOUTH LINE OF SECTION 1, 7/26226- 168962 Vx 01!- TOSSORNE aAw3 X312400400- Offices strategically located to serve our clients 800.649.4336 Naples/Omporate Office 3200 Bailey Lane, Suite 200 - Naples Florlda 34105. 23.9 649 4040 - Far 239 643 5716 wilsonmillercom WOsanMlller, Inc. — R L/c.0 LC- 0000170 Agenda Item No. 17D February , 2007 Page e 1 1 i 29 of 151 New Directions in Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH. RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH. RANGE 29 EAST. COLLIER COUNTY, FLORIDA SHEET 2 OF 13 TOWNSHIP 48 SOUTH, RANGE 28 EAST COLLIER COUNTY, FLORIDA (POINT NUMBER 8, NORTHING 723566.62, EASTING 502737.98); THENCE ALONG SAID SOUTH LINE NORTH 89 °00'09" EAST 1106.06 FEET TO THE SOUTHWEST CORNER OF SECTION 6 TOWNSHIP 48 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA (POINT NUMBER 9, NORTHING 723585.87, EASTING 503843.88); THENCE ALONG THE SOUTH LINE OF SAID SECTION 6 NORTH 89 051'32" EAST 1993.62 FEET (POINT NUMBER 10, NORTHING 723590.78, EASTING 505837.49); THENCE LEAVING SAID LINE IN STRAIGHT LINE SEGEMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBER 11 THROUGH 107 INCLUSIVE): POINT NUMBER 11, NORTHING 723456.97, EASTING 505803.24 POINT NUMBER 12, NORTHING 723343.69, EASTING 505794.53 POINT NUMBER 13, NORTHING 722818.37, EASTING 505940.99 POINT NUMBER 14, NORTHING 722805.79, EASTING 505900.91 POINT NUMBER 15, NORTHING 722790.98, EASTING 505905.32 POINT NUMBER 16, NORTHING 721395.56, EASTING 506304.78 POINT NUMBER 17, NORTHING 720754.42, EASTING 506495.37 POINT NUMBER 18, NORTHING 720744.19, EASTING 506485.88 POINT NUMBER 19, NORTHING 720738.29, EASTING 506476.77 POINT NUMBER 20, NORTHING 720733.37, EASTING 506469.00 POINT NUMBER 21, NORTHING 720726.50, EASTING 506467.21 POINT NUMBER 22, NORTHING 720581.62, EASTING 506468.06 POINT NUMBER 23, NORTHING 720377.09, EASTING 506558.20 POINT NUMBER 24, NORTHING 720365.21, EASTING 506563.26 POINT NUMBER 25, NORTHING 720334.55, EASTING 506574.68 POINT NUMBER 26, NORTHING 720303.21, EASTING 506584.07 POINT NUMBER 27, NORTHING 720271.33, EASTING 506591.39 POINT NUMBER 28, NORTHING 720239.03, EASTING 506596.61 POINT NUMBER 29, NORTHING 720237.25, EASTING 506596.84 POINT NUMBER 30, NORTHING 719987.00, EASTING 506628.01 POINT NUMBER 31, NORTHING 719967.71, EASTING 506629.81 POINT NUMBER 32, NORTHING 719970.17, EASTING 506623.25 POINT NUMBER 33, NORTHING 719972.07, EASTING 506613.09 POINT NUMBER 34, NORTHING 719975.88, EASTING 506599.76 POINT NUMBER 35, NORTHING 719977.79, EASTING 506585.80 POINT NUMBER 36, NORTHING 719979.06, EASTING 506571.20 POINT NUMBER 37, NORTHING 719979.06, EASTING 506536.93 POINT NUMBER 38, NORTHING 719977.15, EASTING 506521.70 POINT NUMBER 39, NORTHING 719974.61, EASTING 506495.04 POINT NUMBER 40, NORTHING 719973.34, EASTING 506469.02 POINT NUMBER 41, NORTHING 719970.80, EASTING 506437.28 POINT NUMBER 42, NORTHING 719970.80, EASTING 506408.72 POINT NUMBER 43, NORTHING 719970.17, EASTING 506385.88 7r=200G 168962 Ve .01[- TOSSORNE CN 03312-000A04 -0 Ul/ilsci�Mil/er® New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST. COLLIER COUNTY, FLORIDA SHEET 3 OF 13 POINT NUMBER 44, NORTHING 719968.90, EASTING 506373.18 POINT NUMBER 45, NORTHING 719965.09, EASTING 506355.41 POINT NUMBER 46, NORTHING 719961.92, EASTING 506339.54 POINT NUMBER 47, NORTHING 719953.03, EASTING 506296.38 POINT NUMBER 48, NORTHING 719951.13, EASTING 506279.88 POINT NUMBER 49, NORTHING 719949.86, EASTING 506265.29 POINT NUMBER 50, NORTHING 719948.59, EASTING 506249.42 POINT NUMBER 51, NORTHING 719947.32, EASTING 506228.47 POINT NUMBER 52, NORTHING 719945.42, EASTING 506206.89 POINT NUMBER 53, NORTHING 719945.42, EASTING 506190.39 POINT NUMBER 54, NORTHING 719945.98, EASTING 506178.11 POINT NUMBER 55, NORTHING 719945.34, EASTING 506167.79 POINT NUMBER 56, NORTHING 719946.63, EASTING 506147.79 POINT NUMBER 57, NORTHING 719950.87, EASTING 506131.96 POINT NUMBER 58, NORTHING 719945.00, EASTING 506017.93 POINT NUMBER 59, NORTHING 719902.95, EASTING 505907.81 POINT NUMBER 60, NORTHING 719945.00, EASTING 505784.48 POINT NUMBER 61, NORTHING 719966.44, EASTING 505656.35 POINT NUMBER 62, NORTHING 719949.01, EASTING 505576.68 POINT NUMBER 63, NORTHING 719904.20, EASTING 505490.79 POINT NUMBER 64, NORTHING 719823.28, EASTING 505388.71 POINT NUMBER 65, NORTHING 719725.81, EASTING 505079.48 POINT NUMBER 66, NORTHING 719691.35, EASTING 505072.71 POINT NUMBER 67, NORTHING 719647.04, EASTING 505041.85 POINT NUMBER 68, NORTHING 719396.80, EASTING 504764.63 POINT NUMBER 69, NORTHING 719318.02, EASTING 504713.24 POINT NUMBER 70, NORTHING 719208.91, EASTING 504699.61 POINT NUMBER 71, NORTHING 719133.42, EASTING 504696.12 POINT NUMBER 72, NORTHING 719037.42, EASTING 504723.50 POINT NUMBER 73, NORTHING 718975.88, EASTING 504785.14 POINT NUMBER 74, NORTHING 718934.86, EASTING 504860.42 POINT NUMBER 75, NORTHING 718887.27, EASTING 504891.29 POINT NUMBER 76, NORTHING 718825.74, EASTING 504891.29 POINT NUMBER 77, NORTHING 718671.23, EASTING 504868.22 POINT NUMBER 78, NORTHING 718592.63, EASTING 504856.90 POINT NUMBER 79, NORTHING 718355.31, EASTING 504821.05 POINT NUMBER 80, NORTHING 718298.16, EASTING 504812.52 POINT NUMBER 81, NORTHING 718260.17, EASTING 504828.70 POINT NUMBER 82, NORTHING 718033.21, EASTING 505353.86 POINT NUMBER 83, NORTHING 717829.05, EASTING 505376.26 POINT NUMBER 84, NORTHING 717649.80, EASTING 505408.63 POINT NUMBER 85, NORTHING 717553.94, EASTING 505436.02 POINT NUMBER 86, NORTHING 717469.90, EASTING 505465.89 POINT NUMBER 87, NORTHING 717360.99, EASTING 505556.77 7f25@000 168962 Vw.. 01!- TOS60RNE cM "°"'12- 000-000 - -0 Agenda Item No. 17D February 13, 2007 Page 130 of 151 iwilsdnmiller® New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 4 OF 13 POINT NUMBER 88, NORTHING 717217.84, EASTING 505708.64 POINT NUMBER 89, NORTHING 717099.58, EASTING 505775.86 POINT NUMBER 90, NORTHING 716886.29, EASTING 505824.67 POINT NUMBER 91, NORTHING 716456.16, EASTING 505882.53 POINT NUMBER 92, NORTHING 716046.45, EASTING 505838.10 POINT NUMBER 93, NORTHING 716025.28, EASTING 505737.27 POINT NUMBER 94, NORTHING 715969.27, EASTING 505607.80 POINT NUMBER 95, NORTHING 715741.26, EASTING 505392.54 POINT NUMBER 96, NORTHING 714317.20, EASTING 505391.85 POINT NUMBER 97, NORTHING 714320.97, EASTING 505754.99 POINT NUMBER 98, NORTHING 714274.43, EASTING 505779.31 POINT NUMBER 99, NORTHING 714234.96, EASTING 505802.82 POINT NUMBER 100, NORTHING 713763.55, EASTING 506100.38 POINT NUMBER 101, NORTHING 713721.48, EASTING 506125.22 POINT NUMBER 102, NORTHING 713673.87, EASTING 506149.50 POINT NUMBER 103, NORTHING 713673.87, EASTING 505923.61 POINT NUMBER 104, NORTHING 713388.86, EASTING 505923.61 POINT NUMBER 105, NORTHING 713388.86, EASTING 506225.18 POINT NUMBER 106, NORTHING 713364.22, EASTING 506226.78 POINT NUMBER 107, NORTHING 713338.18, EASTING 506227.68; Agenda Item No. 17D February 13, 2007 Page 131 of 151 THENCE SOUTH 01 °03'33" EAST 343.73 FEET TO A POINT ON A LINE 100-FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF OIL WELL ROAD (100 FOOT RIGHT OF WAY) (POINT NUMBER 108, NORTHING 712994.51, EASTING 506234.03); THENCE ALONG SAID LINE SOUTH 88 °56'28" WEST 2181.07 FEET (POINT NUMBER 109, NORTHING 712954.20, EASTING 504053.33); THENCE SOUTH 89 °44'55" WEST 2678.32 FEET TO THE POINT OF BEGINNING. CONTAINING 789.40 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. LESS AND EXCEPT THE FOLLOWING 4 PARCELS: PARCEL "A" BEGINNING AT THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (POINT NUMBER 9, NORTHING 723585.87, EASTING 503843.88) THENCE ALONG THE NORTH LINE OF SAID SECTION 7 SOUTH 89 051'32" EAST 870.36 FEET (TO POINT NUMBER 179, NORTHING 723588.01, EASTING 504714.23); THENCE LEAVING SAID NORTH LINE OF SECTION 7 IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBERS 180 THROUGH 249 INCLUSIVE) 7!252005 16894 Ver 011- TOS80RNE Cw 03312-004000 -- 0 Wilsot�Miller® r New Directions in Planning, Design & Engineering OESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 5 OF 13 POINT NUMBER 180, NORTHING 723570.28, EASTING 504715.04 POINT NUMBER 181, NORTHING 723563.24, EASTING 504717.14 POINT NUMBER 182, NORTHING 723527.96, EASTING 504743.19 POINT NUMBER 183, NORTHING 723427.03, EASTING 504762.77 POINT NUMBER 184, NORTHING 723260.48, EASTING 504860.42 POINT NUMBER 185, NORTHING 723219.22, EASTING 504884.74 POINT NUMBER 186, NORTHING 723133.30, EASTING 504935.39 POINT NUMBER 187, NORTHING 723088.17, EASTING 504977.64 POINT NUMBER 188, NORTHING 723023.35, EASTING 505000.52 POINT NUMBER 189, NORTHING 722967.56, EASTING 505006.97 POINT NUMBER 190, NORTHING 722634.05, EASTING 505032.86 POINT NUMBER 191, NORTHING 722631.97, EASTING 505033.02 POINT NUMBER 192, NORTHING 722309.52, EASTING 505225.23 POINT NUMBER 193, NORTHING 722219.05, EASTING 505195.76 POINT NUMBER 194, NORTHING 722007.86, EASTING 505126.98 POINT NUMBER 195, NORTHING 721629.41, EASTING 505003.29 POINT NUMBER 196, NORTHING 721645.99, EASTING 504906.49 POINT NUMBER 197, NORTHING 721661.22, EASTING 504818.41 POINT NUMBER 198, NORTHING 721671.35, EASTING 504759.83 POINT NUMBER 199, NORTHING 721685.19, EASTING 504679.76 POINT NUMBER 200, NORTHING 721697.38, EASTING 504609.31 POINT NUMBER 201, NORTHING 721740.11, EASTING 504362.17 POINT NUMBER 202, NORTHING 721768.82, EASTING 504339.41 POINT NUMBER 203, NORTHING 721772.62, EASTING 504340.16 POINT NUMBER 204, NORTHING 721790.07, EASTING 504343.61 POINT NUMBER 205, NORTHING 721818.06, EASTING 5.04349.15 POINT NUMBER 206, NORTHING 721818.06, EASTING 504349.15 POINT NUMBER 207, NORTHING 721893.36, EASTING 504360.09 POINT NUMBER 208, NORTHING 722019.89, EASTING 504378.48 POINT NUMBER 209, NORTHING 722019.92, EASTING 504378.48 POINT NUMBER 210, NORTHING 722029.68, EASTING 504378.88 POINT NUMBER 211, NORTHING 722101.13, EASTING 504381.77 POINT NUMBER 212, NORTHING 722176.61, EASTING 504381.77 POINT NUMBER 213, NORTHING 722267.00, EASTING 504361.58 POINT NUMBER 214, NORTHING 722322.66, EASTING 504349.15 POINT NUMBER 215, NORTHING 722385.82, EASTING 504325.47 POINT NUMBER 216, NORTHING 722426.86, EASTING 504310.07 POINT NUMBER 217, NORTHING 722524.49, EASTING 504257.97 POINT NUMBER 218, NORTHING 722524.49, EASTING 504257.97 POINT NUMBER 219, NORTHING 722547.47, EASTING 504222.18 POINT NUMBER 220, NORTHING 722557.31, EASTING 504140.75 POINT NUMBER 221, NORTHING 722557.31, EASTING 504140.75 POINT NUMBER 222, NORTHING 722556.95, EASTING 504138.04 MUMS- Vx 011 - TOSBORNE CA" -- 12-000-000 - -0 Agenda Item No. 17D February 13, 2007 Page 132 Of 151 Agenda Item No. 17D WilsonMillerl February 13, 2007 Page 133 of 151 New Directions in Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH. RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 6 OF 13 POINT NUMBER 223, NORTHING 722555.39, EASTING 504133.23 POINT NUMBER 224, NORTHING 722550.58, EASTING 504118.40 POINT NUMBER 225, NORTHING 722550.58, EASTING 504118.40 POINT NUMBER 226, NORTHING 722546.29, EASTING 504102.46 POINT NUMBER 227, NORTHING 722538.32, EASTING 504072.86 POINT NUMBER 228, NORTHING 722532.35, EASTING 504050.72 POINT NUMBER 229, NORTHING 722519.34, EASTING 504029.89 POINT NUMBER 230, NORTHING 722490.71, EASTING 503972.62 POINT NUMBER 231, NORTHING 722475.09, EASTING 503930.97 POINT NUMBER 232, NORTHING 722467.28, EASTING 503881.51 POINT NUMBER 233, NORTHING 722472.48, EASTING 503852.87 POINT NUMBER 234, NORTHING 722495.91, EASTING 503839.86 POINT NUMBER 235, NORTHING 722515.96, EASTING 503837.63 POINT NUMBER 236, NORTHING 722519.34, EASTING 503837.25 POINT NUMBER 237, NORTHING 722613.06, EASTING 503837.25 POINT NUMBER 238, NORTHING 722660.61, EASTING 503835.22 POINT NUMBER 239, NORTHING 722757.64, EASTING 503831.08 POINT NUMBER 240, NORTHING 722833.45, EASTING 503827.84 POINT NUMBER 241, NORTHING 722917.63, EASTING 503824.24 POINT NUMBER 242, NORTHING 723045.27, EASTING 503819.71 POINT NUMBER 243, NORTHING 723120.00, EASTING 503817.06 POINT NUMBER 244, NORTHING 723284.68, EASTING 503811.22 POINT NUMBER 245, NORTHING 723423.63, EASTING 503809.39 POINT NUMBER 246, NORTHING 723482.53, EASTING 503808.62 POINT NUMBER 247, NORTHING 723565.93, EASTING 503802.54 POINT NUMBER 248, NORTHING 723582.56, EASTING 503801.95; POINT NUMBER 249, NORTHING 723585.14, EASTING 503801.86, SAID POINT BEING ON THE NORTH LINE OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 28 EAST. THENCE ALONG THE NORTH LINE OF SAID SECTION 12 NORTH 89 000'10" EAST 42.02 FEET TO THE POINT OF BEGINNING OF THE PARCEL HERE IN DESCRIBED. CONTAINING 42.20 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL "B" COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7,TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (POINT NUMBER 388, NORTHING 718190.86, EASTING 503931.19); THENCE ALONG THE SOUTH LINE OF SECTION 7 NORTH 88 026'43" EAST 883.92 FEET; THENCE LEAVING SAID LINE NORTH 01 °33'17" WEST 83.34 FEET TO THE POINT OF BEGINNING (POINT NUMBER 80, NORTHING 718298.16, EASTING 504812.52); 7125r"6- 168962 Vx. 01[- TOSBORNE CA" 03312- OW400 -- 0 Agenda Item No. 17D February 13, 2007 Wilsnnmiller® Page 134 of 151 New Directions in Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH. RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH. RANGE 29 EAST, COWER COUNTY. FLORIDA SHEET 7 OF 13 THENCE CONTINUING IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINTS NUMBERS 113 THROUGH 178 INCUSIVE): POINT NUMBER 113, NORTHING 718230.06, EASTING 504798.88 POINT NUMBER 114, NORTHING 718218.48, EASTING 504794.36 POINT NUMBER 115, NORTHING 718166.80, EASTING 504783.17 POINT NUMBER 116, NORTHING 718125.04, EASTING 504773.66 POINT NUMBER 117, NORTHING 718125.04, EASTING 504773.66 POINT NUMBER 118, NORTHING 718125.04, EASTING 504773.66 POINT NUMBER 119, NORTHING 718048.06, EASTING 504719.32 POINT NUMBER 120, NORTHING 717960.12, EASTING 504657.25 POINT NUMBER 121, NORTHING 717936.82, EASTING 504638.02 POINT NUMBER 122, NORTHING 717781.90, EASTING 504510.25 POINT NUMBER 123, NORTHING 717679.52, EASTING 504425.77 POINT NUMBER 124, NORTHING 717671.15, EASTING 504390.15 POINT NUMBER 125, NORTHING 717670.71, EASTING 504388.19 POINT NUMBER 126, NORTHING 717655.26, EASTING 504318.50 POINT NUMBER 127, NORTHING 717655.26, EASTING 504318.49 POINT NUMBER 128, NORTHING 717679.52, EASTING 504169.46 POINT NUMBER 129, NORTHING 717759.41, EASTING 504041.67 POINT NUMBER 130, NORTHING 717776.06, EASTING 504015.03 POINT NUMBER 131, NORTHING 717786.80, EASTING 503997.84 POINT NUMBER 132, NORTHING 717786.80, EASTING 503997.84 POINT NUMBER 133, NORTHING 718189.02, EASTING 503995.09 POINT NUMBER 134, NORTHING 718392.92, EASTING 503995.20 POINT NUMBER 135, NORTHING 718855.57, EASTING 503995.43 POINT NUMBER 136, NORTHING 719127.58, EASTING 503995.57 POINT NUMBER 137, NORTHING 719127.71, EASTING 503995.57 POINT NUMBER 138, NORTHING 719440.56, EASTING 503995.72 POINT NUMBER 139, NORTHING 719615.64, EASTING 503995.81 POINT NUMBER 140, NORTHING 719864.49, EASTING 503995.93 POINT NUMBER 141, NORTHING 719904.63, EASTING 504110.84 POINT NUMBER 142, NORTHING 719948.81, EASTING 504237.24 POINT NUMBER 143, NORTHING 719949.26, EASTING 504238.54 POINT NUMBER 144, NORTHING 719949.26, EASTING 504238.54 POINT NUMBER 145, NORTHING 719949.26, EASTING 504238.54 POINT NUMBER 146, NORTHING 719949.26, EASTING 504238.54 POINT NUMBER 147, NORTHING 719947.29, EASTING 504264.72 POINT NUMBER 148, NORTHING 719948.31, EASTING 504270.58 POINT NUMBER 149, NORTHING 719950.39, EASTING 504282.50 POINT NUMBER 150, NORTHING 719955.80, EASTING 504308.79 POINT NUMBER 151, NORTHING 719960.90, EASTING 504333.03 POINT NUMBER 152, NORTHING 719961.98, EASTING 504338.18 POINT NUMBER 153, NORTHING 719966.62, EASTING 504359.83 7/2F✓L00& i6M Yx 011- TOSBORNE ck-u 9U1,2-00"00 - -0 Agenda Item No. 17D Miller ° February 13, 2107 Page age 135 of 151 New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 8 OF 13 POINT NUMBER 154, NORTHING 719967.75, EASTING 504368.63 POINT NUMBER 155, NORTHING 719970.49, EASTING 504389.99 POINT NUMBER 156, NORTHING 719972.04, EASTING 504408.55 POINT NUMBER 157, NORTHING 719973.58, EASTING 504428.65 POINT NUMBER 158, NORTHING 719974.41, EASTING 504438.19 POINT NUMBER 159, NORTHING 719975.13, EASTING 504446.44 POINT NUMBER 160, NORTHING 719977.20, EASTING 504457.06 POINT NUMBER 161, NORTHING 719980.54, EASTING 504474.27 POINT NUMBER 162, NORTHING 719982.74, EASTING 504486.01 POINT NUMBER 163, NORTHING 719985.18, EASTING 504499.02 POINT NUMBER 164, NORTHING 719989.05, EASTING 504529.18 POINT NUMBER 165, NORTHING 719989.82, EASTING 504557.79 POINT NUMBER 166, NORTHING 719989.82, EASTING 504584.85 POINT NUMBER 167, NORTHING 719989.82, EASTING 504617.33 POINT NUMBER 168, NORTHING 719992.14, EASTING 504655.22 POINT NUMBER 169, NORTHING 719997.56, EASTING 504683.06 POINT NUMBER 170, NORTHING 720002.20, EASTING 504713.99 POINT NUMBER 171, NORTHING 720005.00, EASTING 504736.97 POINT NUMBER 172, NORTHING 720006.06, EASTING 504745.70 POINT NUMBER 173, NORTHING 720008.41, EASTING 504754.92 POINT NUMBER 174, NORTHING 720017.54, EASTING 504790.84 POINT NUMBER 175, NORTHING 720020.36, EASTING 504846.78 POINT NUMBER 176, NORTHING 720023.65, EASTING 504922.06 POINT NUMBER 177, NORTHING 719777.51, EASTING 505048.72 POINT NUMBER 178, NORTHING 719749.32, EASTING 505065.49 THENCE SOUTH 30 044'52" EAST 27.36 FEET TO POINT NUMBER 65, NORTHING 719725.81, EASTING 505079.48; THENCE IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBERS 66 THROUGH 80 INCLUSIVE) POINT NUMBER 66, NORTHING 719691.35, EASTING 505072.71 POINT NUMBER 67, NORTHING 719647.04, EASTING 505041.85 POINT NUMBER 68, NORTHING 719396.80, EASTING 504764.63 POINT NUMBER 69, NORTHING 719318.02, EASTING 504713.24 POINT NUMBER 70, NORTHING 719208.91, EASTING 504699.61 POINT NUMBER 71, NORTHING 719133.42, EASTING 504696.12 POINT NUMBER 72, NORTHING 719037.42, EASTING 504723.50 POINT NUMBER 73, NORTHING 718975.88, EASTING 504785.14 POINT NUMBER 74, NORTHING 718934.86, EASTING 504860.42 POINT NUMBER 75, NORTHING 718887.27, EASTING 504891.29 POINT NUMBER 76, NORTHING 718825.74, EASTING 504891.29 POINT NUMBER 77, NORTHING 718671.23, EASTING 504868.22 POINT NUMBER 78, NORTHING 718592.63, EASTING 504856.90 POINT NUMBER 79, NORTHING 718355.31, EASTING 504821.05; 7/25 /2 0 0 0-16896 2 Vx 011- TOSBORNE OM3 CM12-000400 -. 0 Agenda Item No. 17D wilsonmiller February 13, 2007 Page 136 of 151 New Directions in Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH. RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH. RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 9 OF 13 POINT NUMBER 80, NORTHING 718298.16, FASTING 504812.52, SAID POINT BEING THE POINT OF BEGINNING. CONTAINING 42.45 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL "C" COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (POINT NUMBER 1, NORTHING 712804.21, EASTING 504055.048) THENCE ALONG THE WEST LINE OF SAID SECTION 18, NORTH 01 027'02" WEST, 150.04 FEET TO A POINT ON A LINE 100 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT -OF -WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT - OF -WAY) ALSO BEING THE POINT OF BEGINNING (POINT NUMBER 253, NORTHING 712954.19, EASTING 504051.23); THENCE LEAVING SAID WEST LINE OF SECTION 18 IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBERS 254 THROUGH 270 AND POINT NUMBER 96 INCLUSIVE) POINT NUMBER 254, NORTHING 712947.89, EASTING 502613.35 POINT NUMBER 255, NORTHING 714152.79, EASTING 502586.86 POINT NUMBER 256, NORTHING 714324.00, EASTING 502528.47 POINT NUMBER 257, NORTHING 714688.63, EASTING 502520.57 POINT NUMBER 258, NORTHING 714896.54, EASTING 502817.71 -- POINT NUMBER 259, NORTHING 714958.93, EASTING 503139.76 POINT NUMBER 260, NORTHING 715248.26, EASTING 503399.49 POINT NUMBER 261, NORTHING 715418.12, EASTING 503432.49 POINT NUMBER 262, NORTHING 715505.05, EASTING 503787.69 POINT NUMBER 263, NORTHING 715532.10, EASTING 503982.77 POINT NUMBER 264, NORTHING 715632.38, EASTING 504273.11 POINT NUMBER 265, NORTHING 715650.42, EASTING 504380.01 POINT NUMBER 266, NORTHING 715466.94, EASTING 504980.23 POINT NUMBER 267, NORTHING 715479.68, EASTING 505039.00 POINT NUMBER 268, NORTHING 715572.70, EASTING 505175.03 POINT NUMBER 269, NORTHING 715717.35, EASTING 505309.42 POINT NUMBER 270, NORTHING 715716.99, EASTING 505392.53 POINT NUMBER 96, NORTHING 714317.20, EASTING 505391.86 THENCE THROUGH THE FOLLOWING VERTICES IN STRAIGHT LINE SEGMENTS UNLESS OTHERWISE NOTED: POINT NUMBER 382, NORTHING 714041.74, EASTING 505392.70; POINT NUMBER 381, NORTHING 714041.81, EASTING 505171.28 SAID POINT BEING THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.00 °01'54 "E., A RADIAL DISTANCE OF 58.90 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 72 °10 -38 ", A 71251200E 168967 Ver. 01!- TOSBORNE CAM .ww2o604)66 - -0 Agenda Item No. 17D WilsvnMiller° February 13, 2107 Page 137 of 151 New Directions Jr, Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH. RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 10 OF 13 DISTANCE OF 74.20 FEET, HAVING A CORD BEARING OF NORTH 53 °52'47" WEST FOR 69.39 FEET (TO POINT NUMBER 380, NORTHING 714082.71, EASTING 505115.23); THENCE N.1 7'47'28'W., A DISTANCE OF 264.86 FEET (POINT NUMBER 379, NORTHING 714334.90, EASTING 505034.30) TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 116.10 FEET AND A CENTRAL ANGLE OF 73 °16'12 "; THENCE NORTHWESTERLY ALONG THE ARC A DISTANCE OF 148.47 FEET, HAVING A CORD BEARING OF NORTH 54 °25'34" WEST FOR 138.56 FEET (TO POINT NUMBER 378, NORTHING 714415.51, EASTING 504921.60); THENCE S.88 °56'20 "W., A DISTANCE OF 407.42 FEET (POINT NUMBER 377, NORTHING 714407.96, EASTING 504514.25) TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 216.10 FEET AND A CENTRAL ANGLE OF 77 °26'16 "; THENCE SOUTHWESTERLY ALONG THE ARC A DISTANCE OF 292.07 FEET, HAVING A CHORD BEARING OF SOUTH 50°13'12" WEST FOR 270.34 FEET (TO POINT NUMBER 376, NORTHING 714234.99, EASTING 504306.49); THENCE S.11 °30'04 "W., A DISTANCE OF 308.21 FEET (POINT NUMBER 375, NORTHING 713932.97, EASTING 504245.04) TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 791.10 FEET AND A CENTRAL ANGLE OF 22 °16'21 "; THENCE SOUTHERLY ALONG THE ARC A DISTANCE OF 307.52 FEETHAVING A CHORD BEARING OF SOUTH 00 °21'53" WEST FOR 305.59 FEET (TO POINT NUMBER 374, NORTHING 713627.38, EASTING 504243.10); THENCE S.10 °46'18 "E., A DISTANCE OF 392.40 FEET (POINT NUMBER 373, NORTHING 713241.90, EASTING 504316.43) TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 191.10 FEET AND A CENTRAL ANGLE OF 81 °02'28'; THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 270.30 FEET, HAVING A CHORD BEARING OF SOUTH 51 °17'31" EAST FOR 248.32 FEET (TO THENCE IN SRTAIGHT LINE SEGMENTS THROUGH THE FOLOWING VERTICES: POINT NUMBER 372, NORTHING 713086.61, EASTING 504510.21; POINT NUMBER 371, NORTHING 713113,83, EASTING 505376.97; POINT NUMBER 370, NORTHING 712978.69, EASTING 505377.38 SAID POINT BEING ON A LINE LYING 100' NORTH OF AND PARRALLEL WITH THE NORTH RIGHT -OF -WAY LINE OF OIL WELL ROAD (100' R.O.W); THENCE ALONG SAID LINE IN STARIGHT LINE SEGMENTS THROGH THE FOLLOWING TWO (2) VERITICES: POINT NUMBER 109, NORTHING 712954.20, EASTING 504053.33; POINT NUMBER 253, NORTHING 712954.19, EASTING 504051.23 SAID POINT BEING THE POINT OF BEGINNING. CONTAINING 125.46 ACRES, MORE OR LESS. SUBJECT TO RESTRICTIONS AND RESERVATIONS OF RECORD. LANDS RESERVED FOR EARTH MINING AND PROCESSING USES 72512006.168962 Vw- 011• TOS80RNE 03312-090-000- .0 Agenda Item No. 17D February 13, 205 WilonMiller® Page 138 of 151 1 New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS -' LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 11 OF 13 ALL THAT PART OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA (POINT NUMBER 1, NORTHING 712804.21, EASTING 504055.04) THENCE ALONG THE WEST LINE OF SAID SECTION 18, NORTH 01 °27'02" WEST, 150.04 FEET TO A POINT ON A LINE 100 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT -OF -WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT - OF -WAY), (POINT NUMBER 253, NORTHING 712954.19, EASTING 504051.23); THENCE ALONG SAID LINE, NORTH 88 °44'55" EAST, 2.08 FEET (POINT NUMBER 109, NORTHING 712954.20, EASTING 504053.33); THENCE NORTH 88 °56'28" EAST 1324.28 FEET TO THE POINT OF BEGINNING (POINT NUMBER 370, NORTHING 712978.70, EASTING 505377.38); THENCE THROUGH THE FOLLOWING VERTICES IN STRAIGHT LINE SEGMENTS ULESS OTHERWISE NOTED: POINT NUMBER 371, NORTHING 713113.83, EASTING 505376.97; POINT NUMBER 372, NORTHING 713086.61, EASTING 504510.21 SAID POINT BEING THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.01 °48'45 "W., A RADIAL DISTANCE OF 191.10 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 81-02'28", A DISTANCE OF 270.30 FEET, HAVING A CHORD BEARING OF NORTH 51 °17'31" WEST FOR 248.32 FEET (POINT NUMBER 373, NORTHING 713241.90, EASTING 504316.43); THENCE N.10 °46'18 "W., A DISTANCE OF 392.40 FEET TO A POINT OF CURVE TO THE RIGHT (POINT NUMBER 374, NORTHING 713627.38, EASTING 504243.10) HAVING A - RADIUS OF 791.10 FEET AND A CENTRAL ANGLE OF 22 °16'21'; THENCE NORTHERLY ALONG THE ARC A DISTANCE OF 307.52 FEET, HAVING A CHORD BEARING OF NORTH 00 021'53" EAST FOR 305.59 FEET (POINT NUMBER 375, NORTHING 713932.97, EASTING 504245.04); THENCE NA 1'30'04"E., A DISTANCE OF 308.21 FEET TO A POINT OF CURVE TO THE RIGHT (POINT NUMBER 376, NORTHING 714234.99, EASTING 504306.49) HAVING A RADIUS OF 216.10 FEET AND A CENTRAL ANGLE OF 77 °26'16 "; THENCE NORTHEASTERLY ALONG THE ARC A DISTANCE OF 292.07 FEET, HAVING A CHORD BEARING OF NORTH 50 013'12 EAST 270.34 FEET (POINT NUMBER 377, NORTHING 714407.96, EASTING 504514.25); THENCE N.88 °56'20 "E., A DISTANCE OF 407.42 FEET (POINT NUMBER 378, NORTHING 714415.51, EASTING 504921.60) TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 116.10 FEET AND A CENTRAL ANGLE OF 73 °16'12 "; THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 148.47 FEET, HAVING A CHORD BEARING OF SOUTH 54 °25'34" EAST FOR 138.56 FEET (POINT NUMBER 379, NORTHING 714334.90, EASTING 505034.30); THENCE SA 7 °47'28 "E., A DISTANCE OF 264.86 FEET, (POINT NUMBER 380, NORTHING 714082.71, EASTING 505115.23) TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 58.90 FEET AND A CENTRAL ANGLE OF 72 °10'38 "; THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 74.20 FEET, HAVING A CHORD M570M 16M Ver. 01!• TOSSORNE ama ,,12400400 - -0 Agenda Item No. 17D Irlh o`nmillerm February 13, 2007 Page 139 of 151 New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST. COLLIER COUNTY, FLORIDA SHEET 12 OF 13 BEARING OF SOUTH 53 °52'47" EAST 69.39 FEET (POINT NUMBER 381, NORTHING 714041.81, EASTING 505171.28); POINT NUMBER 382, NORTHING 714041.74, EASTING 505392.70; THENCE CONTINUING ALONG EAST LINE OF PARCEL IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBERS 96 THROUGH 108 INCLUSIVE) POINT NUMBER 96, NORTHING 714317.20, EASTING 505391.85 POINT NUMBER 97, NORTHING 714320.97, EASTING 505754.99 POINT NUMBER 98, NORTHING 714274.43, EASTING 505779.31 POINT NUMBER 99, NORTHING 714234.96, EASTING 505802.82 POINT NUMBER 100, NORTHING 713763.55, EASTING 506100.38 POINT NUMBER 101, NORTHING 713721.48, EASTING 506125.22 POINT NUMBER 102, NORTHING 713673.87, EASTING 506149.50 POINT NUMBER 103, NORTHING 713673.87, EASTING 505923.61 POINT NUMBER 104, NORTHING 713388.86, EASTING 505923.61 POINT NUMBER 105, NORTHING 713388.86, EASTING 506225.18 POINT NUMBER 106, NORTHING 713364.22, EASTING 506226.78 POINT NUMBER 107, NORTHING 713338.18, EASTING 506227.68; THENCE SOUTH 01 003'33" EAST 343.73 FEET TO A POINT ON A LINE 100 FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF OIL WELL ROAD (100 FOOT RIGHT OF WAY) (POINT NUMBER 108, NORTHING 712994.51, EASTING 506234.03); THENCE ALONG SAID LINE SOUTH 88 °56'28" WEST 856.79 FEET TO THE POINT OF BEGINNING. (POINT NUMBER 370, NORTHING 712978.70, EASTING 505377.38) PARCEL CONTAINS 50.08 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ACREAGE SUMMARY: OVERALL SSA 9 PARCEL - 789.40 ACRES, MORE OR LESS. LESS: RESTORATION PARCEL A - 42.20 ACRES, MORE OR LESS. RESTORATION PARCEL B - 42.45 ACRES, MORE OR LESS. RESTORATION PARCEL C - 125.46 ACRES (GROSS), MORE OR LESS. LANDS RESERVED FOR EARTHMINING AND PROCESSING USES - 50.08 ACRES, MORE OR LESS. PARCEL "D" CONTAINS 529.21 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH 89 °44'55" WEST. 7rz&200& 168982 vw 011- TOSSORNE cw� 01312-000400- - 0 i ilsonuillerm New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 13 OF 13 STATEMENT OF DEFINITION, ACCURACY AND COORDINATE BASIS Agenda Item No. 17D February 13, 2007 Page 140 of 151 1. DEFINITION: A. THE EXTERIOR BOUNDS OF S.S.A. 9 ARE BASED ON STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "A "(REFERENCE WILSONMILLER DRAWING NUMBER 1 H -21). 2. ACCURACY: A. THESE LINES ARE BASED ON INTERPRETATIONS FROM AERIAL PHOTOGRAPHS HAVING THE FOLLOWING PARAMETERS: 1. DATE OF PHOTOGRAPHY: 4/23/03 2. NEGATIVE SCALE: 1:36000 3. PIXEL DIAMETER: 2.5' 4. TARGET SCALE: 1"=500' 5. SCALE NOT TO EXCEED 1 " =500'. 6. THIS IMAGERY HAS NOT BEEN ORTHO CORRECTED IN ORDER TO MEET MINIMUM TECHNICAL STANDARDS OR NATIONAL MAP ACCURACY STANDARDS. 7. VERTICAL ELEVATION CHANGES WILL CAUSE HORIZONTAL DISPLACEMENT. EVERY EFFORT HAS BEEN MADE TO MINIMIZE THIS EFFECT FOR CRITICAL FEATURES. 8. IN AREAS WHERE TALL STRUCTURES OR TREES LEAN TO OBSTRUCT FEATURES, EXPOSURES WERE MOSAICKED IN AN EFFORT TO MINIMIZE THE EFFECT. 9. THIS PRODUCT IS SIMILAR IN ACCURACY TO RECTIFIED ENLARGEMENTS, EXCEPT PROVIDED IN A DIGITAL FORMAT. B. BASED ON THESE PARAMETERS, THE LINES DEPICTED IN THIS DIGITAL FILE HAVE AN ESTIMATED POSITIONAL ACCURACY OF +/- 20 FEET. C. MINOR DIFFERENCES IN POSITION AND ACREAGE BETWEEN THIS DESCRIPTION AND - OTHER FORMATS CAN BE ATTRIBUTED TO COORDINATE PROJECTION AND SOFTWARE ACCURACY PARAMETERS. 3. COORDINATE BASIS: THE LINES DEPICTED HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83, GRS80, US SURVEY FEET. BY 3.r DATE 11-13-06 BRADLEY E. STOCKHAM, P.S.M. PSM.#6390 WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A PROFESSIONAL SURVEYOR AND MAPPER. REFERENCE WILSONMILLER DRAWING NUMBER 1 H -21 S2. 7 SMWo IBM VW..01!- TOS130ME C a J-"2- 000aoo- -0 PREPARED BY: BRADLEY E. STOCKHAM, P.S.M. L.S.#6390 DATE REVISED 11 -13 -06 - ADDED PARCEL "D" B.C.I. O.R. BOOK 2493 PAGE 2779 N89'00'09 "E 1106.06' . 8 - LINE TABLE LINE LENGTH BEARING L101 720.89 NOt'27'02 "W L102 104.77 S88'32'S8"W CURVE TABLE U CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING C15 74.20 58.90 7210'38 69.39 55352.47 -E C16 148.47 116-10 73.16' 12" 138.56 S54'2534" E C17 292.07 216.10 77'26'16" 270.34 N50'13'12 "E C18 307.52 791.10 2716'21" 1 305.59 1 N00'21'53"E 3. 70.30 191.10 81'02'28' I 248.32 1 All 1 231' W T 48-S 6 P.O.B. NO 1'33' 1 TW PARCEL "n NW CORNER OF 84 SECTION 7 POINT NUMBER 9 N89'57'32 "E 1� 1993.62' 39'51'32 "W B.C.I O.R. BOOK 870.36' 2493 PAGE 2779- / 2795 12 P.O•C ' 7° PARCEL "Er 4 SW CORNER OF SECTION 7 78 jZ ARCEL "A ONTAINS 42.201 13 RES ,J7 February 13, 2007 Page 141 of 151 17 .2 B.C.P. O.R. BOOK 2009 PAGE 129 1546 -1553 31 " B„ 42.45 t A RES P "O.e PARCEL "B' 42.453 ACRES 1 �58944'S5 "w/ / 109 x-100' L2676.91' N..1.27.07w. 01L WELL ROAD t S89'24'S6'W / // �t az 151.63' W 83 NO 1'33' 1 TW z ()00' RIGHT-OF-WAY) 84 83.34' SECTION CDR. PARCELQC' NUMBER 253 1� 86 SE CORNER OF SW CORNER OF SECTION 13 SECTION 16 I. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. UNLESS C.D.0 O.R. W _� 88 PARCEL "D" O OO 3. 1537 PAGE ia9wm L 90 529.2130 ACRES N R.O.W RIGHT OF WAY 13 BEING SOUTH 89'44'55 WEST. II 4. CERTIFICATE OF AUTHORIZATION /LB -43 B.C.P. 5. SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF 92 18 O.R. BOOK 1900 S. 7. RECORD. THIS SKETCH MAY HAVE BEEN REDUCED. N89'32'26'E 95 G7 PAGE 179 -184 LeJ 8. 4 ® RESTORATION PARCEL "C" CONTAINS 119.91 NET ACRES +/- (125.46 GROSS ACRES + / -) PARCEL "C" CONTAINS Q 10. SEE SHEET 5 FOR COORDINATE TABLE. CONTAINS 529.21 NET. ACRES +/- 125.46 +/- ACRES (TOTAL) U JAI 26, 2006 - 0808:37 JCSOTTYIX: \SVR \03312 \SSA 9 \1H- 21.dwq ## NOT A SURVEY # . LESS 5.5 ACRE LAKE PARCEL Ln PA& w 119.91t ACRES (NET) S.SSt ACRE SECTION 12. TOWNSHIP 48 SOUTH. RANGE 28 EAST P41rr10fl . ✓- b , ,� AFdieCb _ T h� CaY10Ul�b LAKE PARCEL a 97 LANDS RESERVED FOR COLLIER COUNTY. FLORIDA POINT NUMBER 322 &adWlaI•Taltp�•T.PrrAmGyy g-yl LrII;9We20�•M�du4 Flo 30 B,SD7'Ph°'°yg 613'4p4p'q,1gp'sp'y7�• 760 EARTH MINING AND SHEET NUMBER: P." web-Sis nnclltmr4ercan 375 1°381 382 PROCESSING USES CONTAINS 2 OF 5 IN -21S2 387 703 50.08 ACRES SO 1'11'28 "E 102 374 iDa t 373 70 O 150.02' 37 1 �58944'S5 "w/ / 109 x-100' L2676.91' N..1.27.07w. 01L WELL ROAD t 7/a CORNE z ()00' RIGHT-OF-WAY) P. S� 0 P "0.50.04' PP�.O.BC POINT SECTION CDR. PARCELQC' NUMBER 253 GENERAL NOTES: SE CORNER OF SW CORNER OF SECTION 13 SECTION 16 I. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. UNLESS ABBREVIATIONS: 2. OTHERWISE NOTED. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED O.R. = OFFICIAL RECORD BOOK C.E. a COLLIER ENTERPRISES. LTD 3. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. BEARINGS ARE BIASED ON THE SOUTH LINE OF SECTION 13, B_C.1, BARRON COLLIER INVESTMENTS LTD B.C.P. BARRON COLLIER PARTNERSHIP TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA R.O.W RIGHT OF WAY BEING SOUTH 89'44'55 WEST. P.O.C. POINT OF COMMENCEMENT 4. CERTIFICATE OF AUTHORIZATION /LB -43 P.O.B. a POINT OF BEGINNING 5. SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF C.D.C. = COLLIER DEVELOPMENT CORPORATION O 800 1000 2000 4000 S. 7. RECORD. THIS SKETCH MAY HAVE BEEN REDUCED. SSA 9 OVERALL PARCEL CONTAINS 789.40 ACRES +/- GRAPHIC SCALE E2 RESTORATION PARCEL A" CONTAINS 42.20 ACRES +/- SEE ATTACHED FOR LEGAL DESCRIPTION ® RESTORATION PARCEL "B" CONTAINS 42.45 ACRES 8. POINTS ARE SEQUENTIAL AND LABELED INCREMENTALLY. INTERMEDIATE POINT LABELS ARE OMITTED FOR CLARITY. ® RESTORATION PARCEL "C" CONTAINS 119.91 NET ACRES +/- (125.46 GROSS ACRES + / -) 9. LANDS RESERVED FOR EARTH MINING AND PROCESSING USES CONTAINS 50.08 ACRES +/- REFERENCE WILSONMILLER PCDOCS NUMBER 168962 FOR DESCRIPTION � RESTORATION PARCEL "D" 10. SEE SHEET 5 FOR COORDINATE TABLE. CONTAINS 529.21 NET. ACRES +/- JAI 26, 2006 - 0808:37 JCSOTTYIX: \SVR \03312 \SSA 9 \1H- 21.dwq ## NOT A SURVEY # . �.ir�t= �.irir.°�°.�e CLIENT: COUM �ipken & �_" P Wiis�mMi l ler� TITLE, SKETCH OF DESCRFTM OF PMr OF - SECTION 12. TOWNSHIP 48 SOUTH. RANGE 28 EAST P41rr10fl . ✓- b , ,� AFdieCb _ T h� CaY10Ul�b AND SECTIONS 7 AND 18. TOWNSHIP 40 SOUTH, RANGE 29 EAST WhOrAmer COLLIER COUNTY. FLORIDA BdeY &adWlaI•Taltp�•T.PrrAmGyy g-yl LrII;9We20�•M�du4 Flo 30 B,SD7'Ph°'°yg 613'4p4p'q,1gp'sp'y7�• DATE: PROJECT NO.: SHEET NUMBER: FILE NO web-Sis nnclltmr4ercan 3/06 03312 -PO4- 000 -21000 2 OF 5 IN -21S2 Agenda Item NO. 17D February 13, 2007 p n 1 1 1 POINT POINT POINT POINT NUMBER F NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING 1 712804.21 504055.04 100 713763.55 506100.38 200 721697.38 504609.31 300 714413.04 504493.69 2 772792.47 501378.16 101 713721.48 506125.22 201 721740.11 504362.17 301 714409.24 504475.31 3 712942.46 501375.04 102 713673.87 506149.50 202 721768.82 504339.41 302 714404.45 504465.04 4 715479.80 501322.29 103 713673.87 505923.61 203 721772.62 504340.16 303 714370.65 504408.84 5 715493.38 503014.91 104 713388.86 505923.61 204 721790.07 504343.61 305 714267.04 504315.95 6 718180.95 502959.36 105 713388.86 506225.18 205 721878.06 504349.15 306 714257.32 504309.09 7 718179.40 502807.73 106 713364.22 506226.78 206 721818.06 504349.15 307 714247.05 504304.30 8 723566.61 502737.98 107 71J33B.18 506227.68 207 721893.36 504360.09 312 713161.51 504346.51 9 723585.87 503843.87 10B 712994.51 506234.03 208 722019.89 504378.48 313 713146.15 504356.10 10 723590.77 505BJ7.49 109 712954.20 504053.33 209 722019.92 504378.48 314 713731.64 504373.40 11 723456.97 505803.24 110 712942.46 501375.04 210 722029.68 504378.88 315 713707.70 504421.36 12 723343.69 505794.53 113 718230.06 504798.88 217 722101.73 504381.77 316 713088.01 504481.41 13 722818.37 505940.99 174 718218.48 504794.36 212 722176.61 5043B1.77 319 713112.75 505386.07 14 722805.79 505900.91 115 718166.80 504783.17 213 72226700 504J61.58 322 713672.21 503928.26 75 722790.96 505905.32 116 778125.04 504773.66 214 722322.66 504349.15 323 713378.57 503922.10 16 721395.56 506304.78 117 718125.04 504773.66 215 712385.82 504325.47 324 773314.41 503922.10 17 720754.42 506495.37 118 718125.04 504773.66 216 722426.86 504310.07 325 713279.87 503915.93 78 720744.19 506485.88 119 718048.06 504719.32 217 722524.49 504257.97 326 713267.53 503890.02 19 720738.29 506476.77 120 717960.12 504657.25 218 722524.49 504257.97 327 713270.00 503832.03 20 720733.37 506469.00 121 777936.82 504638.02 219 722547.47 504222.18 328 713282.33 503704.95 21 720726.50 50646721 722 777781.90 504510.25 220 722557.31 504140.75 329 713290.97 503664.24 22 720581.62 506468.06 723 717679.52 504425.77 221 722557.31 504140.75 330 713300.84 503644.49 23 72037709 506558.20 724 717671.15 504390.15 222 722556.95 504138.04 331 713320.58 503635.86 24 720365.21 506563.26 125 717570.71 504388.19 223 722555.39 504733.23 332 713371.16 503632.16 25 720334.55 506574.68 726 777655.26 504318.50 224 722550.58 504718.40 333 713536.49 503633.39 26 720303.21 506584.07 127 717655.26 504318.49 225 722550.58 504118.40 334 713578.24 503626.62 27 720271.33 506591.39 128 717679.52 504769.46 226 722546.29 504102.46 335 773602.00 503632.99 28 720239.03 506596.61 119 717759.41 504041.67 227 722538.32 504072.86 336 713602.00 503632.99 29 720237.25 506596.84 130 717776.06 504015.03 228 722532.35 504050.72 337 713606.05 503632.94 30 719987.00 506628.01 131 717786.80 503997.84 229 722519.34 504029.89 338 713626.74 503636.64 31 719967.71 506629.81 132 717786.80 503997.84 230 722490.71 503972.62 339 713647.89 503637.77 32 779970.17 506623.25 133 778789.02 503995.09 231 722475.09 503930.97 340 773676.08 503639.46 33 719972.07 506613.09 134 718392.92 503995.20 232 722467.28 503881.51 341 713712.17 503641.71 34 719975.88 506599.76 135 718855.57 503995.43 233 722472.48 503852.87 342 713752.49 503641.43 35 719977.79 506585.80 136 719727.58 503995.57 234 722495.91 503839.86 343 713775.62 503641.71 36 779979.06 506571.20 137 719127.71 503995.57 235 712515.96 503837.63 344 713778.18 503641.08 37 779979.06 506536.93 138 719440.56 503995.72 236 722579.34 503837.25 345 713782.01 503643.26 38 719977.15 506521.70 139 719615.64 503995.81 237 722613.06 503837.25 346 713605.45 503640.79 39 719974.61 506495.04 140 719864.49 503995.93 238 722660.61 503835.22 347 713831.36 503638.33 40 779973.34 506469.02 141 719904.63 504110.84 2J9 722757.64 503831.08 348 713865.91 503637.09 41 779970.80 506437.28 142 719948.81 504237.24 240 722833.45 503827.84 349 713886.88 503629.69 42 779970.80 506408.72 743 719949.26 504238.54 241 722917.63 503824.24 350 713905.39 503622.29 43 719970.17 506385.88 144 719949.26 504238.54 242 723045.27 503819.71 351 713923.90 503621.05 44 779968.90 506373.18 145 719949.26 504238.54 243 723120.00 503817.06 352 773946.11 503623.52 45 779965.09 506355.41 146 719949.26 504238.54 244 723284.68 503871.22 353 773972.07 503625.99 46 719961.92 506339.54 147 719947.29 504264.72 245 723423.63 503809.39 354 713995.46 503632.16 47 719953.03 506296.38 148 719948.31 504270.58 246 723482.53 507808.62 355 714017.66 503632.16 48 719951.13 506279.88 149 719950.39 504282.50 247 723565.93 503802.54 355 714039.87 503627.22 49 719949.86 506265.29 150 719955.80 504308.79 248 723582.56 503801.95 357 714079.35 503627.22 50 779948.59 506249.42 151 719960.90 504333.03 249 723585.14 503801.86 358 714091.69 503644.49 51 719947.32 506228.47 152 719961,98 504338.78 25J 712954.19 504051.23 359 714099.09 503665.47 52 719945.42 505206.89 15J 719966.62 504359.83 254 712947.89 502613.35 360 714101.56 503692.61 53 719945.42 506190.39 154 779967.75 504368.63 255 714152.79 502586.86 361 714106.50 503735.79 54 719945.98 506778.11 755 719970.49 504389.99 256 714324.00 502518.47 362 774108.96 503771.57 55 719945.34 506767.79 156 719972.04 504408'.55 257 714688.63 502520.57 363 714110.20 503801.18 56 719946.63 506147.79 157 719973.58 504428.65 258 714896.54 502817.71 364 774705.26 503854.24 57 719950.87 506131.96 158 719974.41 504438.19 259 714958.93 503139.76 365 714707.26 503893.23 58 719945.00 506017.93 159 779975.13 504446.44 260 715248.26 503399.49 366 714089.22 503924.56 59 719902.95 505907.81 160 719977.20 504457.06 261 715418.12 503432.49 367 714011.50 503930.73 60 779945.00 505784.48 167 719980.54 504474.27 262 715505.05 503787.69 368 773828.90 503929.50 61 719966.44 505656.35 162 719982.74 504486.01 263 715532.10 503982.77 369 773674.86 504033.00 62 719949.01 505576.68 163 719985.18 504499.02 264 715632.38 504273.11 370 712978.70 505377.38 63 779904.20 505490.79 164 719989.05 504529.18 265 715650.42 504380.01 371 713113.83 505376.97 64 719823.28 505388.71 165 719989.82 504557.79 256 715466.94 504980.23 372 773086.61 504570.27 65 779725.81 505079.48 166 719989.82 504584.85 267 715479.68 505039.00 373 713241.90 504316.43 66 719691.35 505072.77 167 719989.82 504617.33 258 715572.70 505175.03 374 713627.38 504243.10 67 719647.04 505041.85 168 779992.14 504655.22 269 775777.35 505309.42 375 713932.97 504245.04 68 719396.80 504764.6) 169 779997.56 504683.06 270 775716.99 505392.53 375 7142J4.99 504306.49 69 719318.02 504713.24 170 720002.20 504713.99 272 77410,196 50538767 377 714407.96 504514.25 70 719208.91 504699.67 171 720005.00 504736.97 273 774088.51 505387.27 378 774415.51 504921.60 71 719133.42 504696.12 172 720006.06 504745.70 274 714087.15 505377.30 379 714334.90 505034.30 72 719037.42 504723.50 173 720008.41 504754.92 275 714074.08 505372.83 380 714082.71 505175.23 73 718975.88 504785.74 174 720017.54 504790.84 276 774064.11 505365.23 381 714041.81 505171.28 74 778934.86 504860.42 175 720020.36 504846.78 277 714057.36 505359.05 382 714041.74 505392.70 75 718887.27 504897.29 176 720023.65 504922.06 278 774058.09 505337.04 383 712954.19 504057.25 76 718825.74 504897.29 177 719777.51 505048.72 279 714057.14 505323.59 384 712804.21 504055.04 77 778671.23 504868.22 178 719749.32 505065.49 281 774038.44 505272.68 385 723585.87 503843.87 78 718592.63 504856.90 179 723588.01 504774.23 282 714033.64 505208.16 387 713674.86 504033.00 79 778355.31 504B21.05 180 723570.28 504715.04 283 714034.84 505122.69 388 778190.86 503931.19 80 718298.16 504812.52 181 72356J.24 504717.74 285 714065.60 505102.17 81 778260.17 504828.70 782 72J527.96 504743.79 286 714090.62 505094.70 82 718033.21 505J53.86 183 723427.03 504762.77 288 7 14 179.83 505087.17 83 777829.05 505376.26 184 723260 -48 504860.42 289 714203.06 505083.85 84 717649.80 505408.63 185 723279.22 504684.74 290 714251.86 505070.09 85 717553.94 505436.02 186 723133.30 504935.39 291 714286.65 505064.07 86 717469.90 505465.89 187 723088.17 504977.64 292 714300.57 505060.02 87 717360.99 505556.77 188 723023.35 505000.52 294 714367.43 505026.84 88 717217.64 505708.64 189 722967.56 505006.97 295 774383.24 505073.21 89 717099.58 505775.86 190 722634.05 505032.86 296 714405.37 504976.38 90 716886.29 505824.67 191 722631.97 505033.02 297 714412.85 504955.59 91 716456.16 505882.53 192 722309.52 505225.23 299 714417.56 504571.59 92 716046.45 505838.10 193 722219.05 505795.76 93 776025.28 505737.27 194 722007.86 505126.98 94 95 715969.27 715741.26 505607.80 505392.54 195 196 721629.41 721645.99 505003.29 504906.49 SEE SHEETS 1 -4 FOR SIGNATURE AND NOTES. 96 714317.20 505391.85 197 721667.22 504818.41 COORDINATE TABLE 97 714320.97 505754.99 198 721671 -35 504759.83 98 714274.43 505779.31 199 721685.19 504679.76 * * NOT A SURVEY 99 714234.96 505802.82 Jul 26, 2006 - 08:00:25 JCSOTTII%: \SUR\03312 \SSA 9 \11H- 21.dwq :d; CLIENT: 8Aitl10N COLD �' }jj5 R SAR41 N COLLIER P1IRINERSIIP TITLE: SKETCH OF DESCRIPTION OF PIGS OF wilsmMilief SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST 2 - AND SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST Fb-'m! • ' • e • 1./AbCe/11E w-6 • rrwdpw m COLLIER COUNTY, FLORIDA k= DATE: - PROJECT NO.: SHEET NUMBER: FILE NO.: AI4or. • rvtlyw.. Rroer • 0 dml . Tmp • Tsbhus s . Psrwr Cf I H -21 S1 yloWgdgLw4Sapp•7ypKRx 305- W.Rwwa 4041 I- AwM401VX-1bbSb iiil,,I,I,I a,,i,ua,,, 3/06 03372 -POa- 000 -21000 5 OF 5 Agenda Item No. 177 February 13, 2007 Page 143 of 151 EXHIBIT G RESTORATION PROGRAM 1. The purpose of this Restoration Program is to identify the restoration improvements, eligibility criteria, applicable success criteria, and land management measures for Restoration Areas A, B, C, and D of SSA 9. The legal descriptions for these Restoration Areas can be found in Exhibit "E" of the SSA 9 Stewardship Credit Agreement and Exhibit "D" of the SSA 9 Stewardship Easement Agreement. a. Restoration Area A is approximately 42.2 acres in size and is within the Camp Keais Strand FSA as delineated on the RLSA Overlay Map. The restoration improvements will consist of hydrologic restoration improvements that will increase the width of the flow way and functionally enhance the flow way's natural hydrologic regime; and ecological restoration improvements that will control exotic vegetation to improve ecological functions, and plant native species to restore habitats. b. The hydrologic restoration improvements will consist of partially removing perimeter berms to the natural grade of adjacent lands within Restoration Area A (Parcel A of SSA 9 Credit Agreement Exhibit E), sufficient to re- establish the natural flow regime. Grantor will design the location, size, and number of berm alterations necessary to restore the natural flow regime, while minimizing impacts to native tree species on the existing berms. Big Cypress Basin shall determine if the Design is adequate to restore the natural flow regime. Once the Design is determined to be adequate, Grantor shall cause the restoration improvements to be made. The restoration improvements shall be completed within three (3) years of the approval of SSA 9 and /or receipt of the necessary environmental permits for restoration, whichever is later. C. The ecological restoration improvements within Restoration Area A shall consist of controlling exotic and nuisance vegetation (as currently defined by the Florida Exotic Plant Pest Council) to levels less than 5% area coverage; and utilizing natural recruitment and supplemental planting of native canopy, subcanopy, and groundcover species to achieve a minimum of 80% area coverage as depicted and described on Attachment 1. The restoration plan will employ adaptive management principles to adjust planting zones according to the existing natural grade and hydrology of Camp Keais Strand. The primary exotic and nuisance species, water primrose (Ludwigia peruviana) and West Indian marsh grass (Hymenachne amplexicaulis), will be controlled through a Rs- Agenda Item No. 17D February 13, 2007 Page 144 of 151 -- combination of mechanical removal, directed herbicide applications, and controlled burning. d. The applicant will notify staff when success criteria have been achieved. Within 90 days of said notification, staff will confirm that the berms have been breached and /or leveled, consistent with the Design, and that ecological restoration improvements have met the minimum criteria listed above. Upon said confirmation by County Staff, success criteria shall be deemed to have been met, and the additional stewardship credits from Restoration Area A shall be available for transfer or utilization by Grantor e. The land management measures for Restoration Area A shall be to control exotics within the 42.2 -acre field. f. Restoration Area B, an abandoned farm field surrounded by perimeter berms, is approximately 42.4 acres in size and is within the limits of the historic Camp Keais Strand flow way, but is not within the Camp Keais FSA. The restoration improvements will consist of: (1) hydrologic restoration improvements that will increase the width of the flow way and functionally enhance the flow way's natural hydrologic regime; (2) ecological restoration improvements that will control exotic vegetation to improve ecological functions; and (3) the supplemental planting of native species to restore habitats. Restoring the field to a natural flow regime within Camp Keais Strand will approximately double the width of the strand at that point. g. The hydrologic restoration improvements will consist of partially removing perimeter berms on the northern, western, and southern portions of the parcel to the natural grade of adjacent lands within Restoration Area B (Parcel B of SSA 9 Credit Agreement Exhibit E), sufficient to re- establish the natural flow regime. A new berm will be constructed along the eastern margin of the parcel to separate this restoration area from an agricultural Water Retention Area (WRA) as shown in Attachment 1. Grantor will design the location, size, and number of berm alterations necessary to restore the natural flow regime, while minimizing impacts to native tree species on the existing berms. Big Cypress Basin shall determine if the Design is adequate. Once the Design is determined to be adequate, Grantor shall cause the restoration improvements to be made. The restoration improvements shall be completed within three (3) years of the approval of SSA 9 and /or receipt of the necessary environmental permits for restoration, whichever is later. h. Ecological improvements within Restoration Area B shall consist of controlling exotic and nuisance vegetation (as currently defined by the Florida Exotic Plant Pest Council) to levels less than 5% area coverage; Agenda Item No. 17D February 13, 2007 Page 145 of 151 and utilizing natural recruitment and planting of native canopy, subcanopy, and groundcover species to achieve a minimum of 80% area coverage as depicted and described on Attachment 1. The restoration plan will employ adaptive management principles to adjust planting zones according to the existing natural grade and hydrology of Camp Keais Strand. The primary exotic and nuisance species, Brazilian pepper (Schinus terebinthifolius), torpedograss (Panicum repens), water primrose and West Indian marsh grass, will be controlled through a combination of mechanical removal, directed herbicide applications, and controlled burning. The applicant will notify staff when success criteria have been achieved. Within 90 days of said notification, staff will confirm that the berms have been breached and /or leveled, consistent with the Design, and that ecological restoration improvements have met the minimum criteria listed above. Upon said confirmation by County Staff, success criteria shall be deemed to have been met, and the additional stewardship credits from Restoration Area B shall be available for transfer or utilization by Grantor. The land management measures for Restoration Area B shall be to control exotics within the 42.4 -acre field. k. Restoration Area C is approximately 119.9 acres and is within the Camp Keais Strand FSA and a HSA that is contiguous to the Camp Keais Strand FSA. The restoration improvements expand the habitat and widen the Camp Keais Strand wildlife corridor at a critical point for panther movement, just east of a proposed panther /wildlife crossing under Oil Well Road that will occur with the widening of Oil Well Road. The restoration improvements will restore row -crop lands to a matrix of native habitats that provide habitat and cover for the Florida panther and foraging opportunities for wood storks and other listed wading birds. The restoration improvements will consist of removing or partially removing the existing perimeter berms and ditches surrounding the restoration area; re- grading the farm fields to create marsh, wet prairie, cypress, and hydric pine flatwood communities; creating a marsh /littoral zone transition along the lake edge; and controlling exotics such as Brazilian pepper, torpedograss, etc. to less than 5% area coverage. The hydric pine flatwood community will be planted with a shrub understory to provide effective cover for panther movement. See Attachment 2 for Habitat Restoration Area plan. The restoration improvements shall be completed within three (3) years of the approval of SSA 9 and /or receipt of the necessary environmental permits for restoration, whichever is later. M. The applicant will notify staff when success criteria have been achieved. Within 90 days of said notification, staff will confirm that the berms have Agenda Item No. 17D (February 13, 2007 Page 146 of 151 been breached and /or leveled, consistent with the Design, and that habitat restoration improvements have met the minimum criteria listed above. Upon said verification and confirmation, success criteria shall be deemed to have been met, and the additional Stewardship Credits from Restoration Area C shall be available for transfer or utilization by Grantor. n. The land management measure shall be the control of exotics and nuisance species, so that there is no more than 5% exotics or 10% nuisance species by area coverage in Restoration Area C. o. Restoration Area D is approximately 529.2 acres and is within the Camp Keais Strand FSA and a HSA that is contiguous to the Camp Keais Strand FSA. This restoration area benefits directly from the hydrologic improvements associated with Restoration Areas A, B, and C, and provides important habitat for panther and other wildlife in the immediate vicinity of the future Oil Well Road wildlife crossing. Ecological restoration improvements shall consist of controlling exotic and nuisance vegetation (as currently defined by the Florida Exotic Plant Pest Council) to levels less than 5% area coverage in perpetuity. The primary exotic and nuisance species, Old World climbing fern (Lygodium microphyllum), Brazilian pepper, water primrose, and West Indian marsh grass, will be controlled through a combination of mechanical removal, directed herbicide applications, and controlled burning. P. The estimated annual costs of the land management measures for Restoration Areas A, B, C, and D are $50,000. Owner shall procure, at its election, either a bond or letter of credit ( "Surety ") on an annual basis in favor of the Grantees in an amount equal to 120% of the annual costs of the land management measures. This obligation shall start 30 days after Grantor has received notice from the County that any Stewardship Credits from restoration improvements for SSA 9 restoration areas are available and have been authorized, and the obligation shall end 10 years after the start date, or at such date as a governmental entity or established conservation organization undertakes the land management measures. q. In the event Grantor fails to maintain any of the Restoration Areas according to the land management measures set forth herein, County shall have the right to draw upon the Surety after 60 days written notice to Grantor with a right to cure and a failure of Owner to undertake cure within said 60 days. The County shall only be permitted to use the drawn Surety funds for the maintenance of the Restoration Areas in accordance with the land management measures set forth herein. In the event the Grantor fails to annually provide the Surety and fails to maintain the Restoration Areas pursuant to the land management Agenda Item No. 17D February 13, 2007 Page 147 of 151 measures set forth herein, the Grantees, or either of them, may conduct such land management measures and lien the Restoration Areas for the cost of maintaining the Restoration Areas pursuant to the land management measures set forth herein. The County may pursue its rights against the Grantor under the Stewardship Easement for breach thereof or foreclose its lien on the Restoration Areas. \ r 4 Jr �® -- � P E 1r �� 'r��� ti,i r r 1 �i.i . �u a t - «...•— — '�—� —A +^^�y�K+r: �� r�. r � a .",,. ;,� .. .���- • .✓' ✓�'y..^^'•'.Yms•+ swrY�a>."y�*"o' +!.�.�.N 'Vwas4f'•'./`'4� ..�.•w+'. -v2b; a¢.wwMrB+ �mm j f N ,.-EASEMENT AGREEMENT Wilsonmiller Agenda Item No. 17D February 13, 2007 Page 150 of 151 RESOLUTION 2007- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DESIGNATING 789.4 ACRES IN THE RURAL LAND STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "BCI /BCP SSA 9," APPROVING A STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR BCI /BCP SSA 9, APPROVING A STEWARDSHIP SENDING AREA EASEMENT AGREEMENT FOR BCI /BCP SSA 9, AND ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS GENERATED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA WHEREAS, Barron Collier Investments, Ltd. (BCI), a Florida Limited Partnership and Barron Collier Partnership (BCP), a Florida General Partnership, own approximately seven hundred and eighty nine and four tenths (789.4) acres located within the boundaries of the Rural Lands Stewardship Area Zoning Overlay District ( "RLSA District ") located in Collier County, Florida; and WHEREAS, Owner has voluntarily requested that said land be designated as a Stewardship Sending Area ( "SSA ") in accordance with, and pursuant to Section 4.08.06 of the Collier County Land Development Code ( "LDC "); and WHEREAS, Owner has submitted a SSA Designation Application ( "Application ") for the BCI /BCP SSA 9 land; and WHEREAS, Collier County Staff has reviewed the Application, along with support documentation and information required by Section 4.08.06 of the LDC, and determined that the Application is legally sufficient; and WHEREAS, the Collier County Board of County Commissioners ( "Board ") has determined the BCI /BCP SSA 9 Stewardship Credit Agreement and BCI /BCP SSA 9 Stewardship Easement Agreement are in compliance with, and meet the requirements of the LDC, and provide a substantial benefit to the general public. NOW, THEREFORE, be it resolved by the Board that: 1. BCI(BCP SSA 9, as described in attached Exhibit 1, consisting of approximately seven hundred and eighty nine and four tenths (789.4) acres is hereby designated as a Stewardship Sending Area ( "SSA "), and will be officially designated as "BCI /BCP SSA 9" on the Official Zoning Atlas Map. 2. The BCI /BCP SSA 9 Stewardship Credit Agreement, attached hereto as Exhibit 2, meets the requirements of Section 4.08.06 of the LDC and the Board hereby approves the BCI /BCP SSA 9 Stewardship Credit Agreement. 3. The BCIIBCP SSA 9 Stewardship Easement Agreement, attached hereto as Exhibit 3, meets the requirements of Section 4.08.06 of the LDC and the Board hereby approves the BCI /BCP SSA 9 Stewardship Easement Agreement. Agenda Item No. 17D February 13, 2007 Page 151 of 151 4. The Board hereby establishes, grants and assigns four thousand four hundred and eighty one (4,481.0) Stewardship Credits to the Owner, which may be sold, transferred, or otherwise utilized by the Owner in accordance with Section 4.08.04 of the LDC. 5. The Board hereby establishes and authorizes an additional two thousand seven hundred and sixty five and six tenths (2,765.6) Stewardship Credits to be transferred to the Owner under the terms of the Credit Agreement attached hereto as Exhibit 2. 6. The Board further approves and authorizes the acceptance of the Stewardship Easement Agreement for the BCI /BCP SSA 9 lands. 7. By its designation of the lands described in Exhibit 1 as a Stewardship Sending Area, the County shall not hereafter grant or approve any increase in the density or additional uses beyond those uses specifically authorized in the BCI /BCP SSA 9 Credit Agreement. THIS RESOLUTION ADOPTED this day of , 2007, after a Motion, seconded, and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK By: Deputy Clerk Commissioner Jim Coletta, Chairman Approved as to form and legal syi 'ciency: By: Je eang i unty Attorney Aaenda Item No. 17E February 13, 2007 Page 1 of 6 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AN AMENDMENT TO COLLIER COUNTY ORDINANCE NO, 03 -53, AS AMENDED (ALSO KNOWN AS THE COLLIER COUNTY ETHICS ORDINANCE), AMENDING SECTION SEVEN TO REQUIRE LOBBYISTS TO REGISTER QUARTERLY AND UPDATE THE NAMES OF THOSE ENTITIES BY WHOM THEY HAVE BEEN EMPLOYED TO LOBBY AND ALSO REQUIRING DISCLOSURE OF THE NAME OR IDENTITY OF THOSE EMPLOYING A LOBBYIST WHENEVER A LOBBYIST ENGAGES IN LOBBYING ACTIVITIES. OBJECTIVE: For the Board of County Commissioners to approve an amendment to Collier County Ordinance No. 03 -53, as amended (also known as the Collier County Ethics Ordinance), amending section seven to require lobbyists to register quarterly and update the names of those entities by whom they have been employed to lobby and also requiring disclosure of the name or identity of those employing a lobbyist whenever a lobbyist engages in lobbying activities. CONSIDERATIONS: This item was reviewed and discussed at the regularly scheduled BCC meeting on January 9, 2007. The Board directed the County Attorney Office to amend Ordinance No. 03 -53, as amended, pertaining to lobbyists, to require lobbyists to identify the entities that they represent whenever engaging in lobbying activities and to further require that the lobbyists update their client lists on a calendar quarterly basis. Consistent with Board direction, the County Attorney Office has advertised the amendment to Ordinance No. 03 -53, as amended, and now requests Board consideration and approval of the Ordinance attached to this Executive Summary. FISCAL IMPACT: There will be no fiscal impact to the County with this item. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The amendment to this Ordinance have been drafted and approved by the County Attorney Office for form and legal sufficiency. RECOMMENDATION: That the Board of County Commissioners approves the amendment to Collier County Ordinance No. 03 -53, as amended, specifically pertaining to lobbyists. Prepared by: Michael W. Pettit, Chief Assistant County Attorney Colleen M. Greene, Assistant County Attorney Item Number: Item Summary: Meeting Date: Prepared By Colleen Greene County Attorney Agenda Item No, 17E February 13. 2007 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17E Recommendation that the Board of County Commissioners approve an amendment to Collier County Ordinance No 03 -53.. as amended (also known as the (,ol➢er County Ethics Ordinance). amending Section Seven to require lobbyists to register quarterly and update the names of those entities by whom they have been employed to lobby and also requiring disclosure of the name or identity of those ernploying a 101boylst wPienever a lobbyist engages in lobbyina activities 2!1312007 9,00 00 AM Assistant County Attorner County Attorney Office Date 2112007 2:52:46 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 21112007 2:55 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 21212007 7:32 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 21212007 4:21 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 2/2/2007 4:30 PM Approved By James V. Mudd Comity Manager Date Board of County County Manager's Office 2;212007 6:25 PM Commissioners Agenda Item No. 17E February 13, 2007 Page 3 o'16 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED (ALSO KNOWN AS THE COLLIER COUNTY ETHICS ORDINANCE), BY AMENDING SECTION SEVEN TO REQUIRE LOBBYISTS TO REGISTER QUARTERLY AND UPDATE THE NAMES OF THOSE ENTITIES BY WHOM THEY HAVE BEEN EMPLOYED TO LOBBY AND ALSO REQUIRING DISCLOSURE OF THE NAME OR IDENTITY OF THOSE EMPLOYING A LOBBYIST WHENEVER A LOBBYIST ENGAGES IN LOBBYING ACTIVITIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the public has expressed concern that lobbyists have upon occasion failed or refused to identify by whom they are employed; and WHEREAS, the Board has determined that it is in the public interest that lobbyists disclose by whom they are employed when engaging in lobbying activities; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT OF SECTION SEVEN OF COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED SECTION SEVEN: LOBBYIST REGISTRATION AND DISCLOSURE REQUIREMENTS (a) All lobbyists shall before engaging in any lobbying activities, register with the clerk to the board located at the board minutes and records department. Every lobbyist required to so register shall register -quarterly on a calendar Year basis on forms prepared by the clerk; pay an annual nonrefundable registration fee of $25.00; and state under oath his or her name, business name and address, and the name and business address of each person or entity that has employed said registrant to lobby, as of the date of said registration. The feg st+atiefi s » be Agenda Item No. 17E February 13, 2007 Page 4 of 6 set fefth in said SWA- In the event that the registrant neither withdraws nor re- registers, the registrant shall be placed on a "lobbyist status unknown" list for a period of 12 months from the expiration of the anal quarterly registration. (b) Aawaal Quarterly registration shall be required and shall initially commence on Mar " 22 1999 April 2, 2007. Thereafter, aanua1 quarterly registration shall occur every three (3 ) months. Quarterly registration is required regardless of whether of any change in employers of the lobbyist. The lobbyist may indicate "no change" if appropriate. Initial Rregistration by a lobbyists shall Mmay occur at any time during the calendar year provided that it occurs prior to the lobbyist engaging in any lobbying activity. (c) The registration fee required by this section shall be maintained by the clerk to the board and shall be deposited into a separate fund to be expended for the purpose of administering and maintaining the lobbyist registration list as well as to cover other related costs. Lobbyists shall not be charged a fee for filing the form for removal from the lobbyist list. (d) The following persons shall not be required to register as lobbyists: (1) Any public officer, employee or appointee who appears in his or her official capacity. (2) Law enforcement personnel conducting an investigation. (3) Any person who only appears in his or her individual capacity for the purpose of self- representation without compensation or reimbursement, whether direct, indirect or contingent, to express support or opposition to any item. (4) Any person who only appears as a representative of a neighborhood association without special compensations or reimbursement for their Agenda Item No. 17E February 13, 2007 Page 5 of 6 (e) The clerk to the board shall keep accurate and complete records regarding lobbyist registration including an up -to -date list of all lobbyist registrations, lobbyists withdrawals from the list and a "lobbyist status unknown" list. (f) A registration form that is not renewed within twenty (20) calendar days of the end of each quarter of the calendar yea r (al6149 With pa�ent e€ the $25.00 shall expire and may not thereafter be relied upon by the lobbyist for lobbying activities. In such a case, the lobbvist must renew his or her registration and nav the nonrefundable annual fee in order to continue engaging in lobbying activites (g) The validity of any action or determination of the board or of any county personnel, board or committee, shall not be affected by failure of any lobbyist to comply with the provisions of this section. (h) All lobbyists shall disclose and make known the name or identity- of the principal(s) by whom they are employed whenever they engage in lobbying activities as such activities are defined in 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 ", "article ", 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 a 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. Agenda Item No. 17E February 13, 2007 Page 6 of 6 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, CLERK COLLIER COUNTY, FLORIDA DEPUTY CLERK A�pp�r/o'vv�ed as to form and legal sufficiency: Michael W. Pettit Chief Assistant County Attorney 05- bcc- 01242/1017 M James Coletta, CHAIRMAN Agenda Item No. 17F February 13, 2007 Page 1 of 4 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE HISPANIC AFFAIRS ADVISORY BOARD'S PROPOSED AMENDMENT TO THE HAAB ORDINANCE NO. 91 -37, AS AMENDED, AND CODIFIED AS CHAPTER 2, ARTICLE VIII, DIVISION 7, IN THE CODE OF LAWS AND ORDINANCES, AMENDING SECTION 7, FUNCTIONS POWERS AND DUTIES, TO CLARIFY THE HAAB'S GOALS AND OBJECTIVES, AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: For the Board of County Commissioners to approve the Hispanic Affairs Advisory Board's (HAAB) proposed amendment to the HAAB Ordinance. Clearer language in the Ordinance will assure the Board's ability to interact with other Committees and governmental entities in studying issues that impact the Hispanic Community. The proposed amendment is attached. CONSIDERATIONS: The HAAB Ordinance was enacted in 1991, and there have been significant changes in Collier County and its Hispanic community since 1991. As such, the HAAB has reviewed its enabling ordinance and recommends a slight revision for clarity and to more clearly reflect the HAAB'S goals and objectives. For example, HAAB recommends that rather than limiting its review to problems "unique" to the Hispanic community, that the HAAB review problems "within" the community as other groups are experiencing similar problems and concerns. The HAAB will continue to work closely with the Board of County Commissioners and provide periodic reports to the Board of County Commissioners on issues of concern to the Hispanic community. Consistent with Board direction, the Office of the County Attorney has advertised the Amendment to Ordinance 91 -37, as amended, and now requests Board consideration of the Ordinance attached to this Executive Summary. FISCAL IMPACT: There will be no fiscal impact to the County with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact expected with this Executive Summary. RECOMMENDATION: The HAAB recommends that the Board of County Commissioners approve the HAAB's proposed amendment to HAAB Ordinance No. 91 -37, as amended. PREPARED BY: Colleen M. Greene Assistant County Attorney Item Number: Item Summary: Meeting Date: Prepared By Colleen Greene County Attorney Approved By Colleen Greene County Attorney Approved By David C. Weigel County Attorney Approved By James V. Mudd Board of County Commissioners Agenda Item No. 17F February 13; 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS "7F Recommendation to approve the Hispanic Atfairs Advisory Board's proposed amendment to the HAAB Ordinance No 91 -37 as amended, and Codified as Cnapter L. Article VIII, Division 7, in the Code of Laws and Ordinances. arnending Section 7, Funcnans Powers and Duties tc clarity the HA A6 s goals and objectives, and providing an effective Date. 2!1312007 9.00 00 AM Assistant County Attorner Date County Attorney Ottice 216!2007 9:57:47 AM Assistant County Attorner Date County Attorney Office 21612007 10:29 AM County Attorney Date County Attorney Office 21772007 8:47 AM County Manager Date County Manager's Office 2!712007 8:56 AM agenda Item No. 17F February 13, 2007 Page 3 of 4 ORDINANCE NO. 2007- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 91 -37, AS AMENDED, ALSO KNOWN AS THE HISPANIC AFFAIRS ADVISORY BOARD ORDINANCE AND CODIFIED AS CHAPTER 2, ARTICLE Vill, DIVISION 7, IN THE CODE OF LAWS AND ORDINANCES, BY AMENDING SECTION SEVEN, FUNCTIONS POWERS AND DUTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION ON THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 9, 2007, the Board of County Commissioners approved revisions to the Hispanic Affairs Advisory Board Ordinance. WHEREAS, the Board of County Commissioners of Collier County, Florida established the Hispanic Affairs Advisory Board through Ordinance 91 -37, as amended. WHEREAS, the Hispanic Affairs Advisory Board has reviewed its Ordinance and recommends an amendment to assure the HAAB's ability to interact with other committees and governmental entities in studying issues that impact the Hispanic Community. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER CONTY, FLORIDA, that: SECTION ONE: Amendment to Section Seven of Ordinance 91 -37, as amended. The Board of County Commissioners hereby amends Section Seven of Collier County Ordinance No. 91 -37, as amended, as follows: SECTION SEVEN. Functions, powers and duties. The functions, powers and duties of the Hispanic affairs advisory board shall be as follows: 1. The board shall identify and evaluate problems affigte within the Hispanic community. 2. The board shall review and recommend ways to ensure open communication between ;:Rinerities the Hispanic community and the county government. 3. The board shall provide periodic reports directly to the board of county commissioners for review. 4. The board may and is eneouragod to have joint meetings with toe Blaeh affaiFsadvisef-' 49ard other advisory boards when deemed necessary to evaluate ffeblea3S concerns and /or issues common to both toe boards. 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. Words Underlined are added; Words StHek ThFGWgl:r are deleted. Agenda Item No. 17F February 13, 2007 Page 4 of 4 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 day of , 2007. ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: COLLEEN M. GREENE Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. M JAMES COLETTA, Chairman 2 Words Underlined are added; Words Stf:wek ThFeugh are deleted.