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Backup Documents 02/13/2007 R
Board of County Commissioners Regular Meeting BACK -UP DOCUMENTS February 13, 2007 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. 2004-059 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 Page 1 February 13, 2007 OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. 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.) Approved and /or Adopted with changes — 5/0 B. November 21, 2006 - Value Adjustment Board Special Magistrate Approved as presented — 5/0 C. January 9, 2007 - BCC /Regular Meeting Approved as presented — 5/0 D. January 16, 2007 - BCC /Tourist Development Council Workshop Approved as presented — 5/0 E. January 18, 2007 - District 3 Town Hall Meeting Approved as presented — 5/0 Page 2 February 13, 2007 3. F. January 23, 2007 - BCC /Regular Meeting Approved as presented — 510 G. January 24, 2007 - BCC /Regular Meeting- Continuation of January 23, 2007 BCC Meeting Approved as presented — 5/0 SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 5 -year recipient 1) Carol Wright - Committee Presented 10 -year recipient Vanderbilt Beach Beautification MSTU Advisory 2) Kent Omer - Ochopee Fire Control District Advisory Committee Presented 20 -year recipient 3) George Ponte - Collier County Code Enforcement Board Presented 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. Adopted — 5/0 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 Page 3 February 13, 2007 the celebration of the Florida Panther. To be accepted by Tom Murray, President, Friends of the Florida Panther Refuge. Adopted — 5/0 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. Adopted — 510 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. Presented B. Recommendation to recognize Christopher Atchley, Craftsman, Facilities Management, as Employee of the Month for January, 2007. Presented C. Recommendation to recognize Mike Ossorio, Contract Licensing Officer, Community Development and Environmental Services, as Employee of the Year for 2006. Presented 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. Presented 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. Presented; Recommendation for U. S. Fish & Wildlife to send agreement and note where underpasses that are needed to the BCC and to be proactive; USF &W Rep. Stated that panther mitigation is to be Page 4 February 13, 2007 reviewed on a case -by -case situation in regards to fees; Return in 4 months for presentation - Consensus F. Project presentation: Immokalee Road Expansion from U.S. 41 to I -75 Ramps. A 3.5 mile project. Presented by John Carlo, Inc. Road issues /contracts to be brought back at a BCC Workshop Meeting; w /Transportation and Purchasing Staff to be included. 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. Resolution 2007 -37 Adopted — 4/1 (Commissioner Henning opposed) 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. Ordinance 2007 -27 Adopted - 4/1 (Commissioner Halas opposed) 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 Page 5 February 13, 2007 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- 95 1) and I -75. The subject property is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. (Companion item to #10A and #10B) Chairman suggested that items #8B, #I OA and #10B be voted on all at once: Ordinance 2007 -26 Adopted — 5/0 (Approved w /Item #10A and Item #10B) 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 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 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. Motion to discuss at workshop in March and follow up at next BCC meeting after that workshop — Approved 5/0 Page 6 February 13, 2007 Moved from Item #17B D. 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) Ordinance 2007 -28 Adopted - 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Affordable Housing Commission. Resolution 2007 -38 Re- appointing James A. Pusateri and John Barlow - Adopted 510 B. Appointment of member to the Radio Road Beautification Advisory Committee. Resolution 2007 -39 Appointing David R. Clemens - Adopted 510 C. Appointment of member to the Lake Trafford Restoration Task Force. Resolution 2007 -40 Appointing David Bishof - Adopted 5/0 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) Resolution 2007 -41 Adopted - 5/0 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 10B) Chairman suggested that items #8B, #10A and #10B be voted on all at once: Approved with Item #8B and Item #10B - 510 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 Page 7 February 13, 2007 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) Chairman suggested that items #8B, #10A and #10B be voted on all at once: Approved with Item #8B and Item #10A - 5/0 C. Recommendation to accept Fiscal Year 2006 Grant Report providing an annual update of grant activity. (Len Price, Administrator, Administrative Services) Approved — 5/0 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) Motion to approve staffs recommendations and to draft a letter to growers concerning housing needs for their workers — Approved 5/0 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) Approved w /changes — 5/0 (Naples Bay Authorization, Bike Paths & Immokalee South Park discussed) 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) Discussed; No action taken 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) Approved — 5/0 Page 8 February 13, 2007 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 of Intent, commence negotiations for the purchase of Gawn Fishin, LLC property located in Everglades City and approve the attached Budget Amendment. (Marla Ramsey, Administrator, Public Services) Approved — 5/0 Moved from Item #16D2 I. 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. Approved w /stipulations - 5/0 Moved from Item #16C1 — Remained on Consent with changes to verbage J. 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. 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Frank Donohue — Speed limits on Naples Bay Motion to have staff prepare request/application for a marker in Naples Bay (30mph for Collier County) — Approved 5/0 12. COUNTY ATTORNEY'S REPORT Withdrawn 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/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 Page 9 February 13, 2007 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. Motion to petition the courts to proceed as quickly as possible (Notice of Priority) with a Bench trial — Approved 510 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Weigel - Request by Congressman Connie Mack to have a Workshop meeting with the board on February 22, 2007 B. Pettit - Letter from John Vega representing the Hussey's Bert Harris Act lawsuit to resolve that claim (Mudd says "no deal" on purchase) C. Mudd - Letter to Representative Reichter regarding his House Bill 389 "truth in millage tax bill" — Motion to send letter requesting that form needed to be revised to include Constitutional Officers - Concensus; D. Mudd - Letter regarding an article in newspaper where Senator Bennett calls Commissioners "aristocrats" and one in particular an "idiot" — Motion to send letter to Governor Crist - Approved 4/1 (Commissioner Henning opposed) E. Commissioner Halas - Affordable housing: received letter announcing lower prices on previous high priced property (decrease in markup) F. Commissioner Coletta - Misquoted in Naples Daily News regarding linkage fee G. Commissioner Henning - Productivity Committee is doing their 2007 work plan, any suggestions? Page 10 February 13, 2007 H. Commissioner Henning - Getting legal consideration on the executive summary should be done by county attorney or a disclaimer made by staff stating their opinion. County attorney and staff to work together with development of executive summary /agenda items — Consensus; I. Commissioner Henning - Met with the Soil and Water District regarding environmental restoration and stormwater storage and they would like to meet with the board; Have them to meet with Golden Gate Civic Association and then schedule workshop in May or June. J. Commissioner Henning - Investigation on affordable housing funds, what is the update? Mudd said KPMG are finishing up that report; Commissioner Coyle had wanted "every last penny accounted for ". 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------ - - - - -- Approved and /or Adopted w /changes — 510 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve an Interim Management Plan for the Brochu property under the Conservation Collier Land Acquisition Program. Ten acres east of Sanctuary Lane; adjacent to Immokalee Road on the south and Limpkin Road on the north Continued to the February 27, 2007 BCC Meeting 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 11 February 13, 2007 For installation at their newly constructed offices at 8350 Sierra Meadows Blvd., Edison Village, Naples 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. W /stipulations 5) This item requires that exparte 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. Located at 248 Edgemere and 2207 Royal Lane, Naples 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 ((Joseph K. Schmitt, Administrator, Community Development and Environmental Services). Companion item to item 16G1) Appointing Fred N. Thomas, Jr. as Chairman and Richard Rice as Vice -Chair Page 12 February 13, 2007 9) Recommendation to approve final acceptance of the water and sewer utility facilities for Veronawalk, Phase 113. W /release of the Utilities Performance Security 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) Between Immokalee Road and Camp Keais Road 2) Recommendation to award a construction contract to Bonness, Inc. for Livingston Road (C.R. 88 1) Intersection Improvements at Pine Ridge Road, Bid No. 07 -4096, Project No. 60016, in the amount of $420,587.37. To reconstruct the northbound dual right turn lanes at the Pine Ridge Road intersection 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. To enhances flood control and stormwater management 4) Recommendation to award Bid #07 -4086 Supply & Install Traffic Signs and Markings to Trutwin Industries, Inc. for the approximate amount of $90,500. For all canal road endings in Golden Gate Estates 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. Scheduled for completion in June, 2007 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 Page 13 February 13, 2007 Triangle Parcel north of the intersection of U.S. 41 Tamiami Trail North and Old U.S. 41 As detailed in the Executive Summary C. PUBLIC UTILITIES Moved to Item #10J — To remain on Consent with changes to verbage 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. Due to pending certification 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. Due to hurricane Wilma in October, 2005 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. Located on the southwest corner of Pine Ridge Road and County Road 951 (Collier Blvd) 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 County's public water supply system. As detailed in the Executive Summary 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 Page 14 February 13, 2007 amount of $500,000. With Siemens Water Technology 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. Critical in preserving valuable landfill airspace in Collier County 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. To protect the public water supply by increasing the amount of reclaimed water used for irrigation 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. To fund the construction of a public boat ramp facility Moved to Item #10I 2) 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. To assist families severely effected by Hurricane Wilma 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. To provide high quality lighting with minimal disturbance to surrounding communities Page 15 February 13, 2007 Withdrawn 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 Resolution 2007 -32 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. To replace an uninhabitable mobile home 6) Recommendation to name the skate park at East Naples Community Park Velocity Skate Park. To support overall marketing strategies for the facility 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. Resolution 2007 -33 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. Done by Mactec 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. To provide health care services for those on Medicaid, the uninsured and the underinsured population of Collier County 10) Recommendation to Award bid number 07 -4084 for Pool Chemicals and Supplies to various vendors. These chemicals and supplies will be Page 16 February 13, 2007 used in County Park and Recreation Department aquatic facilities. With Allied Universal Corporation, Commercial Energy Specialists, Inc., Recreonics, Inc. and NUCO(2) 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 sub - recipient agreement with Child Advocacy Council (d.b.a. Child Protection Team) Detailed in the Executive Summary 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. For the contract period January 1St through December 31St, 2006 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. Resolution 2007 -34 2) Recommendation to approve the addition of the classification Director Operations Support PUD to the 2007 Fiscal Year Pay Plan & the removal of the classification Director Utilities Finance Operations from the 2007 Fiscal Year Pay Plan. This is a change in title with no change in compensation 3) 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. Providing more flexibility to employees regarding their retirement assets Page 17 February 13, 2007 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. Located at 1100 Commercial Boulevard for the period beginning March 1, 2007 and ending February 28, 2008 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. For 7,000 square feet located at 4373 Mercantile Avenue 6) Recommendation to approve Boyd Brothers Service, Inc. as the sole source provider for the installation, repair and replacement of Automated Logic Systems and Controls. To be integrated into existing systems 7) Report and Ratify Staff - Approved Change Orders and Changes to Work Orders to Board - Approved Contracts. For the period of December 18, 2006 through January 23, 2007 F. COUNTY MANAGER 1) Approve Budget Amendments Budget Amendments #07 -162 and #07 -185 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. For a Radio Tower Trailer System which will support the deployable multi- agency communications and coordination system used for emergency preparedness 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. For the purchase of 32 stair - chairs which are used to move patients /victims under difficult circumstances Page 18 February 13, 2007 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. For the purchase of a sandbagging machine and supplies 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 (Companion item to 16A8) Appointing Fred N. Thomas, Jr. as Chairman and Richard Rice to serve as Vice -Chair 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. Located at 3095 Linwood Avenue 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. As detailed in the Executive Summary 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. Due to an increase in the sale of aviation fuel H. BOARD OF COUNTY COMMISSIONERS Page 19 February 13, 2007 Withdrawn Withdrawn 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. Located at 481 State Road 80, behind the LaBelle City Hall 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. To support local business 3) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. To 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. To meet crime novelist Alafair Burke 4) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. To 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. To 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. Located at 1370 Borghese Lane, Marco Island 6) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Page 20 February 13, 2007 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. Located at 8300 Collier Boulevard, Naples 7) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. To 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. Located at 5111 Tamiami Trail North, Naples 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. Held at the Naples Hilton, 5111 Tamiami Trail North, Naples 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. Held at the Seafood Depot Restaurant, Everglades City 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. Held at the Colony Bay Club, 3480 Pelican Colony Boulevard, Bonita Springs 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 Page 21 February 13, 2007 Commerce Board Meeting on January 25, 2007 and is requesting reimbursement in the amount of $3.00, to be paid from his travel budget. At the Naples Hilton, 5111 Tamiami Trail North, Naples 12) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend 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. Attended as a keynote speaker 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. Held at the Collier Athletic Club 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 209 2007 through January 26, 2007 and for submission into the official records of the board. Page 22 February 13, 2007 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). For assistance with the Affordable Housing Ordinance and the Collier County vs. Brock Case 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. As detailed in the Executive Summary 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. 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. Page 23 February 13, 2007 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. Ordinance 2007 -23 Moved to Item #81) 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 County's 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. Resolution 2007 -35 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. Resolution 2007 -36 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 Page 24 February 13, 2007 the name or identity of those employing a lobbyist whenever a lobbyist engages in lobbying activities. Ordinance 2007 -24 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. Ordinance 2007 -25 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. Page 25 February 13, 2007 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. (Staff's 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 16135: 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 16D7: 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, Fund, Gemmenly Fef9FFed te as the "GeneFal Fund" will be debited the annual rest Gf a b • . _ _ _�_ _•__� .._J l�___L_�..�J ...L. {1n - - -1- n....L...... TM.- 6M-- -- AfCAr taxes. ad YaIGFem The Parks and Recreation Department's CLASS database will be used to track various statistics regardinq 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 161-11: 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 16H5: 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 5th 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 1013 followed by 813 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 1013: 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. Item 10A to be heard at 1:05 a.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 813 and 10A.) PROCLAMATION 4A 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 Scoutings 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 70110 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 ATTEST: N E. SCOUTING ANNIVERSARY MONTH DONE AND ORDERED this 13th day of February, 2007 r CL BOARD OF COUNTY COMMISSIONERS 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 Anima/ 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 a// 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 encowwge 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 PROCLAMA TION I 1 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 of 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 app wdation to Sharon Kurgis and the Nap /es Patriotic Moment sponsors: Merrill Lynch and the Nap /es Daily Akws, 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 t 3th Day of February 2007 ATTEST• . I' I BOARD F. Jr, �7 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) `*/*, t,t * *,t * * * *� *,t * * * * *at,t *a * *� ** Originating Dept/ Div: Comm.Dev.Serv./PlanningPerson: Carolina Valera G'v' Date: j ' 0 f, Petition No. (If none, give brief description): SV- 2006 -AR -9962, Wal -Mart Site, Naples (I -75), Florida Petitioner: (Name & Address): Boice -Raidl -Rhea Architects, Chelsea Covington, 6700 Antioch, Ste. 300, Merriam, KS 66204 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Wal -Mart Stores East L.P., 2001 SE 10th Street, Bentonville, AR 72716 Hearing before BCC BZA Other Requested Hearing date:- i J.?>� G"] _ Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size): Petition: SV- 2006 -AR -9962, Wal -Mart Stores East L.P., represented by Boice -Raidl -Rhea Architects, requesting a variance to Section 5.06.04.C.a. to allow 13 additional wall signs in the Wal -Mart Supercenter. The subject property is located at 5420 Cormorant Ave, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113 - 138312- 649110 Reviewed by: Department Head Dat List Attachments: Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: 3 Date Received: 1 1141, IC5tPDate of Public hearing: IZI� U Date Advertised: 41, RESOLUTION NO.06- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV- 2006 -AR -9962, FOR VARIANCE TO THE MAXIMUM NUMBER OF WALL SIGNS AND SIGN DISPLAY AREA SIGNS ALLOWED UNDER SECTION 5.06.04 OF THE LDC FOR PROPERTY LOCATED IN THE DONOV AN CENTER PUD OFF OF IMMOKALEE ROAD, IN SECTION 30, TOWNSHIP 48S, RANGE 26B, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS. the County pursuant thereto has adopted a Land Development Code (Ordinance No. 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 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, located in Section 30, Township 48S, Range 2613, Collier County, Florida. The wail signs require variance from the maximum number of wall signs permitted in retail business with a floor area larger than 25,000 square feet required in Section 5.06.04.C.4. of the LDC. The display area require a variance from the maximum number of display area for signs permitted 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 have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented.. NOW, 'THBR.EFORE, 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 Bast L.P., with respect to the subject property described in Exhibit "A in Section 30, Township 48S, Range 26E, Collier County, Florida, is Page I of 2 hereby denied for variances from the maximum number of wall signs permitted in Sections 5.06.04.C.4. and 5.06.04.C.4.a. 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 , 2006. ATTEST: DWIGHT B. BROCK, Cleric By: Deputy Clerk Approved as to Form 41z uffi ency: atzkow 'Managing Assistant County Attorney Sv.2M -AR-"0 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Page 2 of 2 A LEGAL DESCRIPTION BY SURVEYOR ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST OF THE TALLAHASSEE BASE MERIDIAN, COLLIER COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NORTHWEST CORNER OF SAID SECTION 30, THENCE, BEARING NORTH 8943'34" EAST, ALONG THE NORTH LINE OF SAID SECTION 30, A DISTANCE OF 1980.19 FEET TO THE NORTHWEST CORNER OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 30; THENCE, BFjkRING SOUTH 02'21'21" EAST, ALONG THE WEST LINE OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 30, A DISTANCE OF 471.24 FEET TO A POINT; THENCE, BEARING NORTH 87'38'39" EAST, A DISTANCE OF 62.15 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH 87'37'16" EAST, A DISTANCE OF 236.76 FEET TO A POINT; THENCE, BEARING NORTH 02'22'42" WEST, A DISTANCE OF 302.86 FEET TO A POINT; THENCE, BEARING NORTH 89'06'54" EAST, A DISTANCE OF 186.41 FEET TO A POINT; THENCE. BEARING SOUTH 4548'45" EAST, A DISTANCE OF 7.57 FEET TO A POINT; THENCE, BEARING NORTH 89'14'16" EAST, A DISTANCE OF 499.29 FEET TO A POINT; THENCE, BEARING SOUTH 02'20'47" EAST, A DISTANCE OF 177.90 FEET TO A POINT; THENCE, BEARING SOUTH 02'23'12" EAST, A DISTANCE OF 1,001.40 FEET TO A POINT; THENCE, BEARING SOUTH 89'45'15" WEST, A DISTANCE OF 330.22 FEET TO A POINT; THENCE, BEARING NORTH 77'04'19" WEST, A DISTANCE OF 73.87 FEET TO A POINT; THENCE, BEARING SOUTH 87'49 "42" WEST, A DISTANCE OF 488.20 FEET TO A POINT; THENCE, BEARING NORTH 02'22'44" WEST, A DISTANCE OF 40.00 FEET TO A .POINT; THENCE, BEARING SOUTH 8737'16" WEST, A DISTANCE OF 40.00 FEET TO A POINT; THENCE, BEARING NORTH 02'22'44" WEST, A DISTANCE OF 52.22 FEET TO A POINT; THENCE, BEARING SOUTH 87'37'16" WEST, A DISTANCE OF 15.03 FEET TO.A POINT; SAID POINT BEING THE BEGINNING OF CURVE CONCAVE NORTHEAST, HAVING A RADIUS OF 45.00 FEET, A CENTRAL ANGLE OF 87'54'05", A CHORD LENGTH OF 62.46 FEET BEARING NORTH 48'25'42" WEST; THENCE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 69.04 FEET TO A POINT; THENCE, BEARING NORTH 00'18'21" WEST, A DISTANCE OF 271.51 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF CURVE OF A NON TANGENT CURVE CONCAVE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 87'54'05 ", A CHORD LENGTH OF 34.70 FEET BEARING NORTH 43'40'13" EAST, THENCE, NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 38.35 FEET TO A POINT; THENCE. BEARING NORTH 87'37'16 EAST, A DISTANCE OF 15.19 FEET TO A POINT; THENCE. BEARING NORTH 02'22'44" WEST, A DISTANCE OF 189.98 FEET TO A POINT; THENCE, BEARING NORTH 07'37'16" EAST. A DISTANCE OF 69.11 FEET TO A POINT; THENCE, BEARING NORTH 02'22'44" WEST, A DISTANCE OF 178.30 FEET TO A POINT; TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF CONTAINING 1,034,748 SQUARE FEET OR 23.75 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. EXHIBIT A December 7, 2006 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: SV- 2006 -AR -9962, Wal -Mart Site, Naples Dear Legals: Please advertise the above referenced petition on Sunday, January 7, 2007 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. /Account # 113 - 138312 - 649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, January 23, 2007, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition: SV- 2006 -AR -9962, Wal -Mart Stores East L.P., represented by Boice -Raidl -Rhea Architects, requesting a variance to Section 5.06.04.a. to allow 13 additional wall signs in the Wal -mart Supercenter. The subject property is located at 5420 Cormorant Ave., in Section 30, Township 48 South, Range 26 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST Accountant P.O. BOX 413044 NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds December 7, 2006 Wal -Mart Stores East L.P. 2001 SE 10th Street Bentonville, AR 72716 Re: Notice of Public Hearing to consider Petition SV- 2006 -AR -9962 Wal -Mart Site, Naples Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 23, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 7, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- collierclerknclerk.collier.Mus Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 Accountant December 7, 2006 NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds Boice -Raidl -Rhea Architects Chelsea Covington 6700 Antioch, Suite 300 Merriam, KS 66204 Re: Notice of Public Hearing to consider Petition SV- 2006 -AR -9962 Wal -Mart Site, Naples Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 23, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 7, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Hof c... 0.'c . Ann Jennej ohn, Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- collierclerk na.clerk.collier.fl.us Ann P. Jennejohn To: legals @naplesnews.com Subject: SV- 2006 -AR -9962 Wal -Mart Site Naples Attachments: SV- 2006- AR- 9962.doc; SV- 2006- AR- 9962.doc Hi, Please advertise the attached on Sunday, January 7, 2007. C SV- 2006- AR- 9962.d oc (22 KB) Thank you, SV- 2006- AR- 9962.d oc (22 KB) Ann Jenne john Clerk to the Board Minutes & Records Department 774 -8406 (ann. jenne john @clerk.collier.fl.us) WE Ann P. Jenneiohn From: ClerkPostmaster Sent: Thursday, December 07, 2006 3:52 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT3741584.txt; SV- 2006 -AR -9962 Wal -Mart Site Naples EJ LI ATi3741584.bct SV- 2006 -AR -9962 (229 B) Wal -Mart Site ... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 Ann P. Jennejohn WIM From: System Administrator [postmaster @naplesnews.com] Sent: Thursday, December 07, 2006 3:53 PM To: Ann P. Jennejohn Subject: Delivered: SV- 2006 -AR -9962 Wal -Mart Site Naples Attachments: SV- 2006 -AR -9962 Wal -Mart Site Naples LI SV- 2006 -AR -9962 Wal -Mart Site ... <<SV- 2006 -AR -9962 Wal -Mart Site Naples>> Your message To: legals@naplesnews.com Subject: SV- 2006 -AR -9962 Wal -Mart Site Naples Sent: Thu, 7 Dec 2006 15:52:21 -0500 was delivered to the following recipient(s): legals, NDN on Thu, 7 Dec 2006 15:52:51 -0500 1 SV- 2006 -AR -9962 Wal -Mart Site Naples Page 1 of 1 7 Ann P. Jennejohn From: Perrell, Pam [paperrell @naplesnews.com] Sent: Thursday, December 07, 2006 4:26 PM To: Ann P. Jennejohn Subject: RE: SV- 2006 -AR -9962 Wal -Mart Site Naples OK From: Ann P. Jennejohn [mailto:Ann.Jennejohn @clerk.collier.fl.us] Sent: Thursday, December 07, 2006 3:52 PM To: legals @naplesnews.com Subject: SV- 2006 -AR -9962 Wal -Mart Site Naples Hi, Please advertise the attached on Sunday, January 7, 2007. <<SV- 2006- AR- 9962.doc>> <<SV- 2006- AR- 9962.doc>> Thank you, Ann Jennejohn Clerk to the Board Minutes & Records Department 774 -8406 (ann. jenne john @clerk.collier.fl.us) Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 12/7/2006 Page 1 of 2 7 A a Patricia L. Morgan From: valera_c [CarolinaValera @colliergov.net] Sent: Monday, January 08, 2007 10:54 AM To: Bellows, Ray Cc: Martin, Cecilia; CarrelDanelle; Minutes and Records; Filson, Sue; hoffmaneleanor Subject: SV -06 -AR -9962 Wal -Mart sign variance Yes, it has been continued to the February 13th BCC meeting. The applicant revised the drawings that will be presented to the Board to reflect only the signs that the CCPC recommended for approval. CAROLINA VALERA Principal Planner Zoning & Land Development Review Collier County Government 239.659.5729 From: bellows_r Sent: Monday, January 08, 2007 8:45 AM To: valera_c Cc: martin_c Subject: RE: SV -06 -AR -9962 Wal -Mary sign Hi Carolina, Was this petition continued to his date? If so, make sure that Cecilia and the BCC office knows of the new hearing date. Thanks! Ray From: valera_c Sent: Monday, January 08, 2007 8:40 AM To:johnson_c Cc: bellows—r; StewartMarlene; CarrelDanelle Subject: RE: SV -06 -AR -9962 Wal -Mary sign Good morning Connie, The petition will be heard on February 13th. CAROLINA VALERA 1/8/2007 Page f Principal Planner Zoning & Land Development Review Collier County Government 239.659.5729 From: johnson_c Sent: Monday, January 08, 2007 8:37 AM To: valera_c Cc: bellows—r; StewartMarlene Subject: SV -06 -AR -9962 Wal -Mary sign Importance: High Carolina, Good morning and Happy New Year! Just a reminder that we need to have the above referenced item posted in Novus today so reviewers can approve before we send to the County Manager on Wednesday. Thanks! Connie 1/8/2007 sw LNG 14otke 1's IMMtebY gglvI that the Board of Cou "y Commissioners Collier County.w[if ho a public hearing c Tuesday January 2 2007, in the ". ardroor 3rd Floor, Administri tion Building, Colllr County Governmer Center 3301 East Tamll Te mtnl iFyheeigwllbel at 9:00 A.M. The Board will conside Petition:. SV- 2006 -AR 9962, Wal -Mart Store East L.P. represente by Soice- �2aitl1 -Rhea Ar chltects, requesting , variance to Sectioi 5,06.04.a6 to allow 13 ad ditionai -wall signs in tM Wal-Mart s property I! located at 5420 Cormo rant Ave, in Section 30 Township 48 South county, Florida. NOTE: All Persons wish• ing to speak on any agenda hem musts is- ter with.the County Ad. ministrator pNor to pre- sentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any Item. The selec- tion of an individual to speak on behalf of an organization or group is encouraged. If recog. nized by the Chair, a spokesperson for a group or organ! >ation may be allotted 10 min- utes to speak on an item. Pers,pns wishing to have written or graphic materials Included In the Board agenda pack. ets must submit said material a minimum of 3 weeks prior to the re- spective public hearing. In any case, written ma- considered Intended the tBooarrd shall be submitted to the appropriate County staff a minimum of sev. en days prior to the public hearing. pp All ma- trons befodrenA Bo rd will become a perms. nent part of the record. Any to Person who a decis decid- es Of the Board will need a cgs ecord'of thereY and therefore, may need to ensure that a verba- tim record of the pro- ceedings is made which record Includes the tes- timony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIR. MAN. DWIGHT E. BROCK, CLERK Oe tnelohn Dep- ,n r d n r t , '_-� t'-T-1 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on January 7ffi 2007 giant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication ofthe attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. , _--� ( Signature of affiant) Sworn to and subscribed before me This 7 day of January, 2007 (Signature of notary public) ,.6.�° Y T , ar, at' wd (,,I Flonde, ? J ill a � �' lv c � r�sslon C�i s81�y 9' or a4 rxpires 01/0212009 FEI 59- 2578327 ffir PUBLIC HEARING ppaklce is herebyr Given that the Board of Coun- tyy Commissioners of C.liter County will hold a public hearing an Tuesday, January 23, 2007, In the BoarBroom. 3rd Floor, Administra- tion Bullding, Collier Countty Government Center, 3301 East Tamla- mi Trail, Naples Florida. The meeting will begin at-9:00 A.M. The Board will consider Petition: SV- 2006•AR- "62, Wal-Mart Stores East L.P. repr rnt eed by Bolce- �taisfl- as Ar- chitects, requesting a variance to Section Ionat;,0 Yl"1114nws In t�ae- TThe subject properrttyYeIs All Persons wish- on any mrn. �uso , speak on behalf of an o aria�a [on or prone is erno urAped. If recog- nlzed by the Chair, a spokpesperson for a may 4ieeallortted 0a min- utes to speak on an Item. Persons wishing to have written or graphic hlc materials lnctudeo In the Board agenda pack- ets m tst s bmlt said materlsl a mlydmum of 3 en aays prior to oubiic hearing. All > F COUNTY R C RT Y , t HALAS, CHAIR- 4T E. BROCK,' k Jenrm**n, Dqp 7A MEMORANDUM Date: March 12, 2007 To: Jeff Klatzkow Asst. County Attorney From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Petition: SV- 2006 -AR -9962 Resolution 2007 -37 Enclosed please find one (1) copy of the Resolution referenced above (Agenda Item #7A) adopted by the Board of County Commissioners on Tuesday, February 13, 2007. The original document will be on file in the Minutes and Records Department. If you have any questions, please call me at 774 -8406. Thank you. Attachment (1) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 7A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist. and forward to Sue Filcnn fhne lk4l Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) 2. 2/13/07 Agenda Item Number 7 -A 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Jeffrey A. Klatzkow Managing Asst. County Attorney County Attorney JAK 3/8/07 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Jeffrey A. Klatzkow Phone Number 774 -8492 Contact appropriate. (Initial) Applicable) Agenda Date Item was 2/13/07 Agenda Item Number 7 -A Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution Number of Original One Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 07- CPS - 00594/3 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is - Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be JAK signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip JAK should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on 2/13/07 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 07- CPS - 00594/3 Fli RESOLUTION NO. 07- 37 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 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 the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of granting a sign variance for four wall signs totaling 192.83 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, Florida. 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.C.4 of the LDC. The display area requires a variance from the maximum number of display area for signs as permitted in Section 5.06.04.C.4.a; and WHEREAS, the Board, however, has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.03 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County, to approve a variance for three (3) wall signs, specifically, "Food Center," "Pharmacy Drive — Thru," and "Garden Center," which total 138.30 square feet of sign display area; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented. Page I of 2 7A 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 485, Range 26E, Collier County, Florida, is hereby approved as modified to permit a variance from the maximum number of wall signs permitted in Section 5.06.04.C.4 and 5.06.04.C.4.a of the LDC for three (3) wall signs, specifically, "Food Center," "Pharmacy Drive — Thru," and "Garden Center," which total 138.30 square feet of sign display area; and 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 13th day of February, 2007. ATTEST: DWIGHT E. BROCK, Clerk By: Clerk •st at 40 tAut s i g68,tw -, on 1 Appred as to foryn and IdAal to fic e v: Jeffrey. Klaf�kow Manag g As i�tant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Page 2 of 2 Item #_ Agenda Date _U Date 3 -� 7 Recd DeputV Clerk LEGAL DESCRIPTION BY SURVEYOR 7A ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LUNG AND BEING IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST OF THE TALLAHASSEE BASE MERIDIAN, COLLIER COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NORTHWEST CORNER OF SAID SECTION 30, THENCE, BEARING NORTH 89'43'34" EAST, ALONG THE NORTH LINE OF SAID SECTION 30, A DISTANCE OF 1980.19 FEET TO THE NORTHWEST CORNER OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 30; THENCE..BE� RING SOUTH 02'21'21" EAST, ALONG THE WEST LINE OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 30, A DISTANCE OF 471.24 FEET TO A POINT; THENCE, BEARING NORTH 87'38'39" EAST, A DISTANCE OF 62.15 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE; BEARING NORTH 87'37'16" EAST, A DISTANCE OF 235.76 FEET TO A POINT; THENCE, BEARING NORTH 02'22'42" WEST, A DISTANCE OF 302.85 FEET TO A POINT; THENCE, BEARING NORTH 89'06'54" EAST, A DISTANCE OF 186.41 FEET TO A POINT; THENCE, BEARING SOUTH 45'48'45" EAST, A DISTANCE OF 7.57 FEET TO A POINT; THENCE, BEARING NORTH 89'14'16" EAST, A DISTANCE OF 499.29 FEET TO A POINT; THENCE, BEARING SOUTH 02'20'47" EAST, A DISTANCE OF 177.90 FEET TO A POINT; THENCE, BEARING SOUTH 02'23'12" EAST, A DISTANCE OF 1,001.40 FEET TO A POINT; THENCE, BEARING SOUTH 89'45'15" WEST, A DISTANCE OF 330.22 FEET TO A POINT; THENCE, BEARING NORTH 77'04'19" WEST, A DISTANCE OF 73.87 FEET TO A POINT; THENCE, BEARING SOUTH 87'49'42" WEST, A DISTANCE OF 488.20 FEET TO A POINT; THENCE, BEARING NORTH 02'22'44" WEST. A DISTANCE OF 40.00 FEET TO A .POINT; THENCE, BEARING SOUTH 87'37'16" WEST, A DISTANCE OF 40.00 FEET TO A POINT; THENCE, BEARING NORTH 02'22'44" WEST, A DISTANCE OF 52.22 FEET TO A POINT; THENCE, BEARING SOUTH 87'37'16" WEST, A DISTANCE OF 15.03 FEET TO A POINT; SAID .POINT BEING THE BEGINNING OF CURVE CONCAVE NORTHEAST, HAVING A RADIUS OF 45.00 FEET, A CENTRAL ANGLE OF 87'54'05 ", A CHORD LENGTH OF 62.46 FEET BEARING NORTH 48'25'42" WEST; THENCE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 69.04 FEET TO A POINT; THENCE, BEARING NORTH 00'18'21" WEST, A DISTANCE OF 271.51 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF CURVE OF A NON TANGENT CURVE CONCAVE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 87'54'05 ", A CHORD LENGTH OF 34.70 FEET BEARING NORTH 43'40'13" EAST; THENCE, NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 38.35 FEET TO A POINT; THENCE, BEARING NORTH 87'37'16" EAST, A DISTANCE OF 15.19 FEET TO A POINT; THENCE, BEARING NORTH 02'22'44" WEST, A DISTANCE OF 189.98 FEET TO A POINT; THENCE, BEARING NORTH 07'37'16" EAST, A DISTANCE OF 69.11 FEET TO A POINT; THENCE, BEARING NORTH 02'22'44" WEST, A DISTANCE OF 178.30 FEET TO A POINT; TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF CONTAINING 1,034,748 SQUARE FEET OR 23.75 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. EXI -m3IT A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk-to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) * * *,r « * * *+r *r * *�,r *., ram*, w*«. a*, r*, r«,►*, r**«+►*,►****t, t********+ t*, tr**+ r**+ r*+ r*«** e**** * * *w,► *r� «w *w�rr * * * * « * * * * « #r.,► Originating Dept/ Div: Comm.Dev.Serv./PlanningPerson: Carolina Valera C ✓• Date: j2.7 • o�Fs Petition No. (If none, give brief description): PUDZ- 2004 -AR -6810, Hamilton Greens PUD Petitioner: (Name & Address): Houston Cuozzo Group, Inc., Patrick D. Cunningham, 735 Colorado Ave., Suite 1 Stuart, Fl. 34994 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Livingston Greens, LLC, 222 South U.S. Highway One, Suite 209, Tequesta, Fl. 33469; George L. Vamadoe, Esq., Cheffy, Passidomo, Wilson, & Johnson, LLP, 821 5th Avenue South, Suite 201, Naples, Fl. 33469 Hearing before BCC BZA Other Requested Hearing date: February 13, 2007 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ - 2004 -AR -6810, Livingston Greens, LLC, represented by George L. Varnadoe of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting a rezone from the Rural Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district by submitting a PUD document and Master Plan for Hamilton Greens, which will consist of 88 residential units on 29.68 acres. The subject property 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. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No if Yes, what account should be charged for advertising costs: 113 - 138312 - 649110 Reviewed by: G -7 epartment Head Date List Attachments: Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Q Date of Public hearing: Date Advertised: ' A % ORDINANCE NO. 07. 8 AN ORDINANCE OF THE BOARD OF COUNTY ` COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE AGRICULTURE (A) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) 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 EFFECTIVE DATE, WHEREAS, Patrick D. Cunningham of Houston Cuozzo Group, Inc, and George L. Varnadoe of Chetiy, Passidomo, Wilson, & Johnson, LLP, representing Livingston Greens, LLC, petitioned the Board of County Commissioners to change the zoning clasaification of the herein described real property, NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE: INC 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 "RPUD" 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 map®; as deacnbed in Ordinance Number 04.41, as amended, the Collier County Land Development Code, is1we hereby amended accordingly. SECTION TWO: 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 B. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk JIM COLETTA, CHAIRMAN Approved as to form and legal sufficiency Marjorie M. Student Stirling Assistant County Attorney PUD ,200- AR-910 HAMILTON GREENS A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE HAMILTON GREENS, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLTER 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 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL EXHIBIT A 41 LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE SECTION ONE SECTION TWO SECTION THREE SECTION FOUR SECTION FIVE SECTION SIX SECTION SEVEN TABLE OF CONTEN' PROPERTY OWNERSHIP & DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS RESIDENTIAL DEVELOPMENT AREA CONSERVATION /PRESERVE AREA DEVELOPMENT COMMITMENTS RPUD REGULATION DEVIATIONS APPENDIX page ii 1 -1 through 1 -3 2 -1 through 2 -6 3 -1 through 3 -5 4 -1 through 4-1 5 -1 through 5-4 6 -1 through 6 -1 7 -1 through 7-6 page i EXHIBITS EXHIBIT 1 EXHIBIT 2 EXHIBIT 3 EXHIBIT 4 LIST OF EXHIBITS AND TABLES BOUNDARY SURVEY AFFIDAVIT OF UNIFIED OWNERSHIP LOCATION MAP RPUD MASTER PLAN f i 0 j. 7 -1 7 -2 7 -4 7 -5 page it � N � 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 is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with land development regulations as referenced Objective 3 of the FLUE. 5. 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. 6. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 7. The projected density of 2.96 D.U.'s per acre is in compliance with the FLUE of GMP. 8. A complete range of services and utilities as approved by the County will serve the project. 9. 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 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 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 % of the North % of the South % 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 % of the North % 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 (1/2) of the East one -half (112) of the North one -half (1/2) of the South one -half (112) 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 % of the South % 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 Y4 of Section 31, Township 48 South, Range 26 East, and The North "A of the Southwest A of the Northwest % of the Northwest % of Section 31 Township 48 South, Range 26 East, Less The West 30' thereof, and page I- I The Northeast % of the Southeast % of the Northwest % of the Northwest '/ of Section 31, Township 48 South, Range 26 East The South % of the South '/ 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 29.66 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 ".• Aff/devit 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. 1.6 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 comer 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 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. Densi 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 2.2 2.3. SECTION TWO PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the development, relationships to applicable County ordinances, the respective tracts included in the project, as well as other project relationships. GENERAL project plan of land uses of the 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: C. All conditions imposed and all graphic material presented depicting restrictions for the development of the HAMILTON GREENS RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. D. Unless modified, waived or excepted by this RPUD the provisions of other sections of the LDC where applicable remain in full force and effect with respect to the development of the land, which comprises this RPUD. 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. page 2 - 1 2.4. 2.6. Tract R -1, R -2, SU TABLE 1 PROJECT LAND USEISITE DATA zi Multi Family DEVELOPMENT PARCELS (less lakes) WETLAND PRESERVES UPLAND PRESERVES LAKES ROADS/ROW 88 9.08 Acres 13.65 Acres 1.79 Acres 1.97 Acres 3.19 Acres 29.68 TOTAL ACRES 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 be in the 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. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of eighty -elght (88) residential mull- 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. RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat, and /or condominium plat for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "D ", RPUD Master Plan, (See Section 7: Appendix) constitutes the required RPUD Development Plan. Subsequent to or concurrent with RPUD approval, a preliminary subdivision plat if applicable shall be submitted for the entire area covered by the RPUD Master Plan. Any division of property and the development of the land shall be in compliance with the LDC, and the platting laws of the State of Florida. C. 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. page 2 - 2 — —�-a -,pia D. 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. E. Utility, road, public, private, easements shall be established as required during the SDP and /or plat approval process. F. 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. 2,7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the RPUD Document and Master Plan as provided in the LDC. 2.8 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. page 2 - 3 2.9 LANDSCAPE BUFFERS, BERM, FENCES AND WALL Landscape buffers, berms, fences, and walls are permitted as a principal use throughout the HAMILTON GREENS RPUD, A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground covered berms 3:1 3. Rlp -rap berms 1 :1 4. Structural walled berms -vertical B. 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. For the purpose of this provision, finished grade shall be considered to be no greater than eighteen inches (187) above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In these cases the wall shall not exceed six feet (6) in height from the top of beam elevation for berm elevation with an average side slope of 4:1 or less, and shall not exceed four feet (4') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). C. 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. D. There is a commitment for an eight (8) foot wall, landscaped on both sides, along the east property line, adjacent to Wllshire Lakes, to be installed prior to vertical construction adjacent to Lake 2 identified on the RPUD Master Plan. 2.10 DESIGN GUIDELINES AND STANDARDS The establishment of a residential planned unit development is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC. 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. 2.11 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. page 2 - 4 A. General Permitted Uses: 1. Essential services as set forth under the LDC. 2. Water management facilities and related structures. 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. 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. 7. 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. 8. Temporary Fill Storage. 9. Benches, gazebos, and open space uses. 10. 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. 4. Minimum distance between principal and accessory structures —Ten feet (10'). 2.12 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. page 2 - 5 2.13 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the GMP, and the LDC, a minimum of twenty-five percent (25 %) of the viable naturally functioning native vegetation on site shall be retained. 2.14 LAKE SETBACK AND EXCAVATION Removal of fill and rock from the HAMILTON GREENS RPUD shall be administratively permitted to an amount up to 10% per lake (20,000 cubic yards maximum), unless a commercial excavation permit is issued. A 20 -foot lake maintenance easement (LME) will be created around any water management fake. A structural barrier (bulkhead) shall be provided on each lake, not exceeding 20% of the perimeter of the lake in length. 2.15 USE OF RIGHTS-OF -WAY Utilization of areas within all project rights -of -way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations. 2.16 FILL STORAGE Fill storage is a permitted temporary use throughout the HAMILTON GREENS RPUD. Fill material generated from other properties owned or leased by the developer may be transported and stockpiled within areas which have been disturbed. The following standards shall apply: A. Stockpile maximum side slope 2:1, if protected by a six -foot (6') high fence; otherwise, a 4:1 side slope shall be required. B. Stockpile maximum height: Twenty feet (20'). C. No stockpile shall remain for a period longer than one (1) year. 2.17 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 - 6 SECTION THREE RESIDENTIAL DEVELOPMENT AREA 3.1 PURPOSE 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) multl- family units. The property contains a gross acreage of 29.88 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: Multi- family dwellings, townhouses, garden apartments, care -taker units. A group of dwelling units within a single conventional building, attached side by side, or one above another, or both. 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 piayfieids. 4. Recreational facilities and amenities for use by residents of the residential tracts. page 3 -1 '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 specked 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. B. Minimum Yards: (See Table 2) 1. Front Yard — 23 feet. 2. Front Yard with Side Entry Garage —15 feet 3. Side Yard - one -half (1/2) the building height of the principal or accessory structure. 4. Rear Yard -10 feet. 5. Distance between principal structures = one -half (112) the sum of the building heights of the principal structures. C. Minimum Floor Area: (See Table 2) 1, 1,500 square feet D. Maximum Height: (See Table 2) 1. Principal Structure: a. R1- Residential Structures: 40 feet (maximum 3 stories) b. R2- Residential Structures: 70 feet (maximum 4 stories) 2. Accessory Structure —15 feet 3. In order to permit maximum flexibility, design allowances shall be made for parking areas below residential structures. Stories as used herein refer to living levels. 3.6 SPECIAL USE (non - residential uses) A. Development Standards 1. Minimum Yards: (See Table 2) a. Front Yard -10 feet b. Side Yard -10 feet. c. Rear Yard - 10 feet. d. Distance between principal structures = one -half (112) the sum of the building heights of the principal structures. 2. Minimum Floor Area: (See Table 2) a. 1,500 square feet. page 3 - 2 Fam 3. Maximum Height: 45 feet. B, 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. C. Recreation: 1, 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 Aonlication 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: 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 attached relationship of enclosed parking structures to the principal residential structure, however In such uses 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. page 3 .3 B. Interior Yards (Not Adiacent any Right -of -Way or Other Private Drive or Adiacent 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. "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. t. 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, 3. Accessory uses such as any authorized recreational amenity (i.e. pool decks, spas, landscape features, cabanas, atc.) 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. Building height Is deflned as set forth in the current LDC; that is the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. Required minimum floor elevations shall be in conformance with the Collier County Administrative Construction Code and, if necessary, FDEP requirements for minimum habitable first -tor structural support. Rooftop recreational space and accessory facilities are also exempted from the limitations established for measuring the height of buildings. 3.8 PRIVATE ROADWAY STANDARDS A. Private streets shall conform to the right -of -way width requirements of Construction Standard Manual except as follows: page 3 - 4 Minimum Separation Yard Setbacks between Z. 0 _� y c Use IL R1 2 15 10 0.5 BH 0.5 SBH 10 40 1500 sf 25 Principal R2 23 16 10 0.5 BH 0.5 SBH 10 70 1500 sf 25 a. Structure b. Accessory 10 5 10 0.5 BH 10 10 15 n/a 25 Structure (3) C. Special SU 10 10 10 10 0.5 SBH 10 45 1500 sf 25 Use (4) Notes: All distances are in feet unless otherwise noted. "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. t. 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, 3. Accessory uses such as any authorized recreational amenity (i.e. pool decks, spas, landscape features, cabanas, atc.) 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. Building height Is deflned as set forth in the current LDC; that is the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. Required minimum floor elevations shall be in conformance with the Collier County Administrative Construction Code and, if necessary, FDEP requirements for minimum habitable first -tor structural support. Rooftop recreational space and accessory facilities are also exempted from the limitations established for measuring the height of buildings. 3.8 PRIVATE ROADWAY STANDARDS A. Private streets shall conform to the right -of -way width requirements of Construction Standard Manual except as follows: page 3 - 4 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 other 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 - 5 4 SECTION FOUR CONSERVATIONIPRESERVE AREA 4.1 PURPOSE 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 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2. 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. PUD 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. 6.4. SCHEDULE OF DEVELOPMENTIMONITORING 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 Resort: An annual monitoring report shall be submitted pursuant to the LDC. 5.5. SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION PRACTICEIREGULATIONS 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. page 5 -11 5.6. TRANSPORTATION �8A 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 depleted 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 ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with 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 right -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/ fight 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. 1. 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 page 5 - 2 necessary, the cost of such improvement shall be bome by the developer and shall be paid to Collier County before the issuance of the first CO. 5.7 ENGINEERING The development of this RPUD Master Plan shall be subject to and governed by the following conditions: A. A South Florida Water Management District surface water management permit shall be obtained prior to any SDP or plat approval. 5.8 ENVIRONMENTAL The development of this RPUD Master Plan shall be subject to and governed by the following conditions: A. Areas that fulfill the native retention standards and criteria of the GMP shall be set aside as preserve areas. B. Berms and swales shall be located outside preserve boundaries. C. This RPUD shall be consistent with the Environmental Sections of the GMP, Conservation and Coastal Management Element and the LDC at the time of final development order approval. D. This RPUD shall comply with the guidelines of the United States Fish & Wildlife Service and Florida Fish & Wildlife Conservation Commission for impacts to protected species. A Habitat Management Plan for those species shall be submitted to Environmental Review Staff for review and approval prior to SDP approval. E. All conservation areas shall be designated as tractsleasements with protective covenants. Easements shall be dedicated on the plat to the homeowners' association for ownership and maintenance and to Collier County with no responsibility for maintenance. F. All principal structures shall have a minimum setback of twenty -five (25') feet from the boundary of any County preserve. Accessory structures and all other site alterations shall have a minimum ten (10') foot setback. G. All Category I Invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. H. A Preserve Area Management Plan shall be provided to Environmental Review Staff for approval prior to site /construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. I. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final SDPlconstruction plan approval. 5.9 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' page 5 - 3 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. 5.10 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 - 4 SECTION SIX RPUD REGULATION DEVIATIONS is 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: 1. 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. 2. 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. page 6 -1 EXHIBIT 1 BOUNDARY SURVEY : _ .... ......... a 6 fill''tl r� §�' i „' r dd•C �> 7[ K r -. ;s ; <t� � u 7�? v t R 2r �iY y'5 bn a'I9 ae eaS3t t +. ia t+� 7 �Y�� �`r7�� xE �F � M1 L { ;1 � C Did ����•.fi�Z' t,56ii� ; F �,'i7 � "�5 41'` I7 .. •'_ f :-.,Fj.m s m't =`i`, is 6 .+. C a; c' •iii ! < .; ,i 'iiiLF6t'!F t�pyi la .i x�E g� �g R. 3, a��.g "w � : S: * +� c 'c �!3• .fl}��j � u {�'�`L ��Y +i iFmi �• y'�$ ''� 8�'� ye au ��: `l'.. rr� �� � `• d fI �L �- t.. x��� ki ; ¢Y�l: v � 1��• ;� fn.RQ l p =� p� 4 %? 5�� Ap a ski�i it�x �s� S [•'�{ �:}Y ^���'�;� ��;i� � f s t:���x d# .i ., i:'�c ke Kit 14 5 g �''�vt s•: �l'. x. c 6 4� :,}� Jr: xy7f Y orb '.c @J q Ys p lei 7 ra tf '�• 31 Lr �•' cSdT�'.Y�j� t ��. ")f 3. F '� I" ", se� I�v. #:�•af:n tkd I:r.t tiZ i ,l�v: �a:'I'y. F: ,�' J�R.A, xA fw t.• Ii..� _� •�nb S 7,• a +� i'�w T�� �� w :pv .1 g d RR RRR sy.' Yt �.3d - ' t UJ - $• " S t �� q '.^. Itn� nWVwvNMW C DleiswvY V) c iPV iH vil e•vll aver• a F` ICI s F�• Z ;a lI @: '�► I e :Ir i v �� 1 � � �i �K r _ 1 � �L _ .._..... ,.11j M1 �Y � rF!'. } i�Y�•S , j 1': Mn . la YY • 5 2 it V •.. � y:; I. , 1, � . . irit.�......_........L..__.._. _ I,..., ...w. .. _.... .._.............. .. .. ' K. , 2. page 7 - 1 EXHIBIT T AFFIDAVIT OF UNIFIED OWNERSHIP COVENANT OF UNIFIED CONTROL The wtdersigued do hereby swear or affirin that they are the f. sc simple titleholders and owners of record of property conunonly known as ...... ...... ivi gston Qleens PUD _3141t2 ................ ... ... . (Street address and City, State and Zip Code) Find legally described iu Exblbit A. attached hereto. The property described Iterein is the subject of an applioation for planned unit duvclopntent (PUD) roaring. We buxuby dcsigtuale 092rec ]- Vgrtradoe. l;seuity and Patrick Cunainelatm. legal ropmsentaGvess thorcof, as the legal reprcscntatives of the property and an such, these individual am authorised to legally bind all owners of doe property in the course: of seeking the tMessary approvals to develop. This aulltorfty includes, but is not limhod In, the hiring and authorization of agents to assist in the preparation of applications) plan.~, Surveys, attct stodics nex,esxnry to obtain zoning approval on the site. 11=e represetUativear will rcinain the only malty u' aauborirc development activity on the property until snch time as a now or amended. covenam of nnifled control is dclivmvd to Collier County. The undarsigned mcognizo the following; tuul will be guided accordingly in the pursuit of development of the prnjcct: I. The property will he developed and i e d ht conformity with, the approved master plant including all conditions placed on the deveinglment nitd all commitments agreed to by the applicant in connection with the planned unit developament rezoning. 2. 'lltc legal m- presmrtadve idcutif5cd herein is responsible fur compliance with all tern's, Condition$- safeguards, and stipulations made at the Ehnc of Approval of the master plan, even if the property is sribsaqucntly culd in whole or in part, unless and until a new or antential covenew of unified control is delivered to and recorded by C:olhey County. 3. A doparuire from the provisions of the approved plans or a failures to comply with any requirements, conditions, or safeguards provided for in the planncel tacit devclnpmcmt MGM will constitute s violation of ft land i)cvch'ptncnt Codc. 4. All terms and conditions of the ptanncd unit devolopinent approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within, d'c planned Unit dcvclopmcn1 must lx: ctmais {ant with H'osc terms and conditions. S. So lung as this covenant is in force, Collier County can, upon the discovery of noncompliance wide the farms, snfcguatds, and c.otidWons of the planned unit development, seek equitable relief as necessary to compel complianuc, The County will not issue permits, certificates, or lice n$" to occupy or use any part of tax; planned m» t development and the County may stop ongoing construction activity Until the pmjcct Is brought into compliance with al I terns, conditions and safeguards of the planned unit development 1..1vINtlMN C;fRPENS, U.C' lticb�rd P. 11'cllingcY, tv]anag;ur .STATE OF ItI.O]tlf.)A) C C UNIT OF « bWsR) Sworn to (or aft mcd) grit] subscribed before me this 0:3A,( day of ,� _ _, 200 by n rt1 x'ly 25.2M 0 + a NDg3161 �s �; o ;Mpq v #4 who is persortally known to M or has prochtacd (Name typed, printed or stamp d)� (Serial Number., if any) page 7 - 2 EXHIBIT '2 -A' (For Covenant Of Unified Control) LEGAL DESCRIPTION The subject property being 29.68 acres, is described as: Leoal Description Of Survev As Furnished To Surveyor • t 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 s/ 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 '/2 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 (1/2) of the East one -half (112) of the North one -half (112) of the South one -half (112) of the Northwest one quarter (1/4) 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 % 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. Lecal Description Of Survey As Re- Written For Brayity 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 '/2 of the Southwest % of the Northwest % of the Northwest '/4 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 EXHIBIT 3 LOCATION MAP MOO The subject parcel is located in northern Collier County on the east side of Livingston Road, approximately one mile south of Immokalee Road. (4600 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 112 of Section 31, Township 48 South, Range 26 East. See Location Map — (bs /ow) page 7 - 4 g ESHIBIT 4 "m MASTER PLAN 181d JOISEw ands ePPOW fqunoo jelifoa bV. andU7 u aaE) U0411WBH Mill � � I fill, (01 m G ��� � 111 i ge .�.• cc I� o� 0 ' CL I l dill A., I NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, February 13, 2007, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE AGRICULTURE (A) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) 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 EFFECTIVE DATE. Petition PUDZ- 2004 -AR -6810, Livingston Greens, LLC, represented by George L. Varnadoe of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting a rezone from the Rural Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district by submitting a PUD document and Master Plan for Hamilton Greens, which will consist of 88 residential units on 29.68 acres. The subject property is located on the east side of Livingston Road, approximately % of a mile north of Vanderbilt Beach Road, in Section 31, Township 48 South, Range 26 East, Collier County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted zz to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) I May 23, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ - 2004 -AR -6810, Hamilton Greens PUD Dear Legals: Please advertise the above referenced notice on Sunday, January 28, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara Deputy Clerk P.O. /Account # 113 - 138312 - 649110 P 8A 'Ct of C4lier CLERK OF TGIF✓ CIRCUIT COURT Dwight E. Brock COLLIER COUNTY PURT40USE Clerk of Courts g 3301 TAMIAMI TKAIL EAtT Clerk of Courts P.O. BOX 4i�044 Accountant NAPLES, FLORIDA,34101 -30}4 Auditor y, i Custodian of County Funds J January 18, 2007 George L. Varnadoe, Esq. Cheffy, Passidomo, Wilson & Johnson, LLP 821 5th Avenue South, Suite 201 Naples, FL 33469 Re: Notice of Public Hearing to consider Petition PUDZ- 2004 -AR -6810 Hamilton Greens PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 13, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 28, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk(&clerk.collier fl.us —i; y of - Collier CLERK OF THt'IRCUIT COLLIER COUNTY COURTqDWl ht E. Brock Oi 3301 I FA AT Clerk of Courts P.O. BOX 4i�044 NAPLES, FLORIDA'34101 -3N. January 18, 2007 Houston Cuozzo Group, Inc. Patrick D. Cunningham 735 Colorado Ave., Suite 1 Stuart, FL 34994 Re: Notice of Public Hearing to consider Petition PUDZ- 2004 -AR -6810 Hamilton Greens PUD Dear Petitioner: COURT Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 13, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 28, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerkA clerk. collier Mus Cunt ©f- Collier CLERK OF THt CIRCUIT Dwight E. Brock COLLIER COUNTY URTgOL Dwi g 3301 TAMIAMI TAIL EAT Clerk of Courts P.O. BOX 4h1044 NAPLES, FLORIDA" 3101 -304 January 31, 2007 Devcon Development, LLC 250 South Central Blvd. Suite 207 Jupiter, FL 33458 Re: Notice of Public Hearing to consider Petition PUDZ- 2004 -AR -6810 Hamilton Greens PUD Dear Petitioner: " .6 lil 016, � W, COURT Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 13, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition was published in the Naples Daily News on Sunday, January 28, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK -Pj'� " , t'CL Patricia L. Morgan, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk (&clerk.collier.fl.us 'Claa ntY- of-Ca11lier CLERK OF TAI' CIRCUIT COURT COLLIER COUNTY URT4PUSE Dwight E. Brock 3301 TAMIAMI TRAIL EAST Clerk of Courts Clerk of Courts P.O. BOX 41,�044 Accountant NAPLES, FLORIDA-,34101-3644 Auditor Custodian of County Funds January 18, 2007 Livingston Greens, LLC 222 South U.S. Highway One Suite 209 Tequesta, FL 33469 Re: Notice of Public Hearing to consider Petition PUDZ- 2004 -AR -6810 Hamilton Greens PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 13, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 28, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk (&clerk.collier.fl.us Martha S. Veraara a From: ClerkPostmaster Sent: Friday, January 19, 2007 3:51 PM To: Martha S. Vergara Subject: Delivery Status Notification (Relay) Attachments: ATT11865.txt 3 ATr11865.txt (231 Untitled Attachment B) This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 Martha S. Veraara 8 "A From: ClerkPostmaster Sent: Friday, January 19, 2007 3:57 PM To: Martha S. Vergara Subject: Delivery Status Notification (Relay) Attachments: ATT12050.txt; Untitled Attachment i ATT12050.txt (231 Untitled Attachment B) This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 Page 1 of 1 Martha S. Vergara From: Perrell, Pam [paperrell @naplesnews.com] Sent: Monday, January 22, 2007 8:44 AM To: Martha S. Vergara Subject: RE: OK From: Martha S. Vergara [mai Ito: Martha.Vergara @clerk. col Iier.fl.us] Sent: Friday, January 19, 2007 3:47 PM To: legals @naplesnews.com Subject: Pam I have a few ads for you. Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 Under Florida Law, e -mail addresses are public records. Ifyou do not wantyour e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1/22/2007 Page 1 of 2 P8 Patricia L. Morgan From: Patricia L. Morgan on behalf of Minutes and Records Sent: Wednesday, January 31, 2007 9:12 AM To: Valera, Carolina; 'mlbennett @napleslaw.com' Cc: Martin, Cecilia; Student, Marjorie Subject: RE: PUDZ- 2004 -AR -6810 Hamilton Greens Attachments: PUDZ- 2004- AR- 6810.doc Please advise if any of these changes affect the ordinance title andproposedte.�ct that was already advertised (attached. We didnot have any reference on the adsheet or the proposeddraft ordinance of Devcon 1Oevelopment, LLC.. If Livingston Greens, LLC is no Conger who is being represented by George warnadoe and rDevcon (Deveropment is, then we wiffneed to re- advertise fora future meeting because the notice that ran in the January 28th edition of N 5V was incorrect. We advertised the ordinance title and the proposed test that was sent to us from Carofina, dated 12 -7 -06. If there is new ownership or a name change, doesn't the paperwork that has been filedwith CrDE S need to reflect this? Tease advise as to further instructions. Irian( you, 9iish Morgan BoardYinutes &-f Records From: martin_c [ mailto :CeciliaMartin @colliergov.net] Sent: Wednesday, January 31, 2007 7:56 AM To: Minutes and Records Subject: FW: PUDZ- 2004 -AR -6810 Hamilton Greens Sent this one up for the 2/13/07 BCC, please reivse address and resend any notifications, thanks. From: valera_c Sent: Tuesday, January 30, 2007 9:11 AM To: martin_c Subject: FW: PUDZ - 2004 -AR -6810 Hamilton Greens From: Martha L. Bennett [mailto:mlbennett@napleslaw.com] Sent: Tuesday, January 30, 2007 8:53 AM To: valera_c Cc: George L. Varnadoe; Peter Radke Subject: FW: PUDZ- 2004 -AR -6810 Hamilton Greens Carolina: Please update the County's records to reflect the change of address for Devcon Development LLC (Hamilton Greens) per our client's email request below. Please call me if you have any questions. Devcon Development, LLC 250 South Central Blvd Suite 207 Jupiter, FL 33458 1/31/2007 Page 2 of 2 Martha L. Bennett Assistant to George L. Varnadoe and Tracy M. Coffman Cheffy Passidomo Wilson c& Johnson, LLP 821 Fifth Avenue South, Suite 201 Naples, Florida 34102 Telephone: (239) 261 -9300 Ext 524 Facsimile: (239) 261 -9782 This email, along with any files transmitted with it, is for the sole use of the intended recipient(s) and may contain information that is confidential or privileged. If this e -mail is not addressed to you (or if you have any reason to believe that it is not intended for you), please notify the sender by return e -mail or by telephoning us (collect) at 239/261 -9300 and delete this message immediately from your computer. Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing or copying of this e -mail is strictly prohibited. Please note that any views or opinions presented in this e- mail are those of the author and do not necessarily represent those of the law firm. From: Peter Radke [ mailto:pradke @sunlandhomes.com] Sent: Monday, January 29, 2007 4:33 PM To: Martha L. Bennett Subject: FW: Hamilton Greens - Ltr from Collier County Martha — Can you have the county update the address information for Hamilton Green, LLC. Their new address is shown below. Peter Radke Sunland Development, Inc. 772.360.6977 (Cell) From: Maureen Donnelly [ma i Ito: M Don nel ly@devcondevelopment.com] Sent: Monday, January 29, 2007 3:59 PM To: Dick Bellinger; Peter Radke Subject: Hamilton Greens - Ltr from Collier County Received this letter today. PS: I'd like to change our address with Collier County - ok if I write letter from you? Maureen Donnelly Devcon Development 250 South Central Blvd. Suite 207 Jupiter. FL 33458 (561) 744 -3341; (561) 744 -3365 tax mdonnelly@devcondevelo,oment.com 1/31/2007 NAPLES DAILY NEWS Published Daily Naples. FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County. Florida; distributed in Collier and Lee counties of Florida: that the attached copy of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on Jani}ary 28,2007 .affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier Countv, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County. Florida, for a period of 1 year next preceding the first publication ofthe attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said /newspaper. /+ . � / ( Signature of affiant) Sworn to and subscribed before me This 28'h of January, 2007 Cx,rA Gin (Signature of notary public) Chanel A McDonald i• C, .; .: MY COMMISSION # DD210103 EXPIRES c June 29, 2007 GONDED THRU TROY WN INSURANCE. INC. FEI 59- 2578327 NOTIICEO"'% Tpp CONSIDER 0 INANCE The It1s Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All Inter. ested Parties are IVed to att end and be hesArd. NOTE: All persons wish- Ing to speak on any .r w Item must ounty ad• u{os.iV SpeaK on an item. Persons wlshing to have written or grephic ma• teriafs Included in the Board agpenda packets must sudmit Said me- tertal a Mt of 3 Weeks a re. ma- I�}ryy t ®rtafc tnvan d.44 n+ e a. K: Al/�A:i {u Ynf :R COUNTY, OLETTA. CHAIR - T ^E. 940CK, xththa Vergara, NIL ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ' R TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO `� 4 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUR Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Off ice The completed routing slip and original E documents are to be forwarded to the Board Office only after the Board has taken action on the item.) Complete routing lines #I throe #4 ROUTING SLIP 1 as a ppropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routin lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Ofifice (List in routing order) Initials Date 2. 3 0 5. Sue Filson, Executive Manager 6. Minutes and Records Board of County Commissioners Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Carolina Valera, Principal Planner Phone Number Contact 659 -5729 L genda Date Item was February 13, 2007 roved b the BCC Agenda Item Number 8A ype of Document Ordinance and PUD doc rent (Exhibit Number of Original ttached «A „) 2 Documents Attached Initial t INSTRUCTIONS & CHECKLIST he Yes column or "N mark /A” in the Not Applicable column, whichever is a ro riate. Yes 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the (Initial) exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board f and ossibl State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date G V of BCC approval of the document or the final negotiated contract date whichever is applicable. 4• 'Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a cert ain time frame or the BCC's actions are nullified. Be aware of our deadlines 6. The document was approved by the BCC on 02/13/07 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the than es, if applicable. G" 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 N/A (Not Applicable MEMORANDUM Date: March 1, 2007 To: Larry Lawrence Property Appraiser From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Validated Ordinance: 2007 -27 Attached, please find one (1) copy of the document referenced above (Agenda Item #8A), as approved by the Board of County Commissioners on Tuesday February 13, 2007. If you should have any questions, please call me at 774 -8411. Thank you. Enclosure MEMORANDUM Date: March 1, 2007 To: Carolina Valera, CDES Principal Planner From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2007 -27 Enclosed please find one copy of the document, as referenced above, (Agenda Item #8A), adopted by the Board of County Commissioners on February 13, 2007. If you should have any questions, please call 774 -8411. Thank you. Enclosure ORDINANCE NO. 07- 2 7 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE AGRICULTURE (A) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) 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 EFFECTIVE DATE. WHEREAS, Patrick D. Cunningham of Houston Cuozzo Group, Inc. and George L. Varnadoe of Cheffy, Passidomo, Wilson, & Johnson, 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 ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 31, Township 48 South, Range 26 East, Collier County, Florida, is changed from Agricultural (A) to "RPUD" Residential Planned Unit Development in accordance with the Hamilton 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 /are hereby amended accordingly. SECTION TWO: 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 Dl I�T�E. F3RDCK, CLERK w=— Deputy Clerk Approved as to form and legal sufficiency / � day of 4 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMI5 COLETTA, CHAIRMAN Marjo M. Student - Stirling Item# Assistant County Attorney Agenda a �� PUDZ- 2004 -AR -6810 Date _ Date �DI� •t HAMILTON GREENS 0 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 TABLE OF CONTENTS page i page LIST OF EXHIBITS AND TABLES ii STATEMENT OF COMPLIANCE iii SECTION ONE PROPERTY OWNERSHIP & DESCRIPTION 1 -1 through 1 -3 SECTION TWO PROJECT DEVELOPMENT REQUIREMENTS 2 -1 through 2 -4 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 SECTION SEVEN APPENDIX 7 -1 through 7 -5 page i LIST OF EXHIBITS AND TABLES EXHIBITS EXHIBIT 1 BOUNDARY SURVEY 7 - 1 EXHIBIT 2 AFFIDAVIT OF UNIFIED OWNERSHIP 7 - 2 EXHIBIT 3 LOCATION MAP 7-4 EXHIBIT 4 RPUD MASTER PLAN 7 - 5 page ii 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 8 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be 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 Survey 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 % of the North % of the South Y 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 (114) 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 '/ 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 Survev As Re- Written For Brevit The Northwest '/4 of the Northwest % of the Northwest '/4 of Section 31, Township 48 South, Range 26 East, Less The West 30 feet thereof, and The Northwest '/4 of the Southeast % of the Northwest '/4 of the Northwest '/ of Section 31, Township 48 South , Range 26 East, and The North % of the Southwest'/ of the Northwest'/ of the Northwest ' /< of Section 31 Township 48 South, Range 26 East, Less The West 30' thereof, and page 1- 1 • f, • The Northeast % of the Southeast '/4 of the Northwest % of the Northwest % 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. 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 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 m 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 RPUD 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 ", RPUD 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. Tract R -1, R -2, SU TABLE 1 PROJECT LAND USE /SITE DATA 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 page 2 - 1 retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the 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, page 2 - 2 a*m tents, and signs, shall be permitted principal uses throughout the HAMILTON GREENS RPUD subject to applicable requirements of the LDC. 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. page 2 - 3 �t 2. Water management facilities and related structures. 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. page 2 -4 owl 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 - 5 SECTION THREE RESIDENTIAL DEVELOPMENT AREA 3.1 PURPOSE L**K 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. 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 "010 . � 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: 1. 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 o 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. "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 HO ht 0 N a_ am y «° `o 30 _a► _rn d fn 2 C V y ; d Q e: .- as Use �iW y N 4 R1 23 15 10 0.5 BH 0.5 SBH 10 40 50 1500 sf Principal a' Structure R2 23 15 10 0.5 BH 0.5 SBH 10 70 75 1500 sf 2 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. "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 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 foot (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 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 the 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 L016E 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 SDPs, final subdivision plats 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 DEVELOP MENTIMONITORING 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 foot (40') right -of -way and two ten foot (10') wide travel lanes. page 5 -1 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 developer wishes to cooperate with Collier County to address affordable housing impacts associated with the project. The developer, 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. This contribution shall be paid prior to the issuance of a CO for the unit receiving the CO. The payment of this contribution shall be credited to the development's obligations to pay affordable or workforce housing fees that may be adopted in the future by Collier County. 5.7 LANDSCAPING The developer shall provide landscaping on both sides of an eight (8) foot wall, along the east property line, adjacent to the Wilshire Lakes development, 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 development along Golden Gate Parkway. 5.8 DECORATIVE PAVING The developer shall provide decorative paving on both ends of the roadway extending to the easternmost portion of the site. This decorative paving material shallact 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 ingress and egress to this project, as determined by Collier County, shall not be eligible for page 5 - 2 • 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 SECTION SIX RPUD REGULATION DEVIATIONS F A. Deviation from 6.06.02.A.3 and 6.06.02.A.4 Sidewalk and Bike Lane Requirements. 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. Forgoing 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. 2. 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. Deviation from 6.06.01.J Street System Requirements. 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. Deviation from 5.03.02.C.1 Fences and Walls. 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 • 9 page 7 - 1 ry w � t )� i� �+Y tq '< ` ➢4 �E �.j �; a ��C � # E � � i � � TT( $ 3 �5 6 Yy g S E•. i - { 5Q IIp g �g W F. �• y co ' ifF ? \ 9 - ... .. cg V ;� ... ... , e _v kt R y 7 Si page 7 - 1 EXHIBIT 2 AFFIDAVIT OF UNIFIED OWNERSHIP COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that they arc the fee simple titleholders and owners of record of property commonly known as I ivingston Greens 222 So U.S. highway 1 Ste. 209, Tcquesta J 33469 (Street address and City, State and lip Code) and legally described in Exhibit A attached hereto. Ilic property described herein is the subject of an application for planned unit development (PUD) zoning. We hereby designate George 1.. 'amttdoe _Esquire and Patrick Cuunbrgha_m legal representatives thereof, as the legal representatives of the property and as such, these individuals are aurtboTized to legally bind all owners of the properly in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the ]Tiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will rennin the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of` the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed ore the development and all commitments agreed to by the applicant in connection with die planned unit development rezorning. 2. "l`he legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the land Development Code. 4. All terms and conditions of tlic planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. 'rhe County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. LIVINGSTCN3 GREENS, 1.1_C a By r� •;�_ itichArd P. i1elhnger 14ianagcr S•I'ATE OF FLORIDA) COUNTY Ell C f)i 4hR) Sworn to (or affirmed and subscribed before me this 43/)^f 3 day of Y "� �Y , 200 Y by (Ccr.�fa� fit• i�� t �tn.,ui.:e� _..._ .r ��.�Mt5VON�,4,0' A �N •:`�r .. Jab 26.20D8 ; �r • ~ D�rna� S ^ U *lb who is personally known to me or has produced 'y �) X r 11�i rtP � Notary Public (Name typed, printed or stampbd)�___.. (Serial Number, if any) page 7 - 2 EXHIBIT '2 -A' (For Covenant Of Unified Control) 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 3/ of the North %2 of the South % 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 %Z 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 (114) 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 '/z 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. Leoal Description Of Survey As Re- Written For Brevit The Northwest '/4 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 '/2 of the Southwest % of the Northwest '/4 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 % 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 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) page 7 - 4 EXHIBIT 4 RPUD MASTER PLAN RIM •= �F6' »kF ¢ � E �' d8 i S � 98 FF u �a6 4� ib �Ewidfl g t[S� [nf( t9 Ex SF 3 3 FI a B01 -7.4 ?4 4 £b "fsF S {rat € 11 page 7 - 5 MGM • STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2007 -27 Which was adopted by the Board of County Commissioners on the 13th day of February 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of February 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Co'mm.issioners y te' rL TE) 11a Y'd, DpLy., C 'k COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv./PlanningPerson: Michael J. DeRuntz Date: Petition No. (If none, give brief description): PUDZ -A- 2004 -AR -6417, I 751 Alligator lley Petitioner: (Name & Address): Hole Montes, Inc., Robert L. Duane, 950 Encore Way, Naples, FL 34110 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Ronald Benderson et al, Trustees, c/o Dave Gustafson at Benderson Dev. Co., Inc., 8441 Cooper Creek Blvd., University Park, FL 34201 Hearing before BCC BZA Other Requested Hearing date: tsed on advertisement appearing 15 da y s before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ -A- 2004 -AR -6417, Ronald Benderson et al, Trustee, represented by Robert L. Duane, AICP, of Hole Montes, Inc., and R. Bruce Anderson, of Roetzill & Andress LPA, requesting to rezone I -75 /Alligator Alley from PUD to Commercial Planned Unit Development CPUD. 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 11.4 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 reduce the 50 foot perimeter setback to 25 feet. The property, consisting of 40.8 acres, is located on the north side of Davis Boulevard in proximity to the intersection of Collier Boulevard and I -75. The subject property is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113 - 138312- 649110 Reviewed by: .6partment HeadHead Date List Attachments: Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: �2 } Date Received: Date of Public hearing: 1 Date Advertised: l ORDINANCE NO. 07- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT "PUD" TO "CPUD" COMMERCIAL PLANNED UNIT DEVELOPMENT KNOWN AS THE I -75 /ALLIGATOR ALLEY COMMERCIAL PLANNED UNIT DEVELOPMENT "CPUD" AND LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD IN PROXIMITY TO THE INTERSECTION OF COLLIER BOULEVARD (CR 951) AND I -75, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 40.8 ACRES; PROVIDING FOR THE ENTIRE REPEAL OF ORDINANCE NUMBER 89 -82, AS AMENDED, THE FORMER 1 -75 /ALLIGATOR ALLEY PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, A.I.C.P., of Hole Montes, Inc., and R. Bruce Anderson, Esquire, of Roetzel & Andress, L.P.A., representing Ronald Benderson et al., Trustees, c/o David H. Baldauf at Benderson Development Company, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the subject property located in Section 34, Township 49 South, Range 26 East, Collier County, Florida, is changed from a Planned Unit Development "PUD" Zoning District to a Commercial Planned Unit Development (CPUD) District for a project to be known as the I -75 /Alligator Commercial Planned Unit Development (CPUD) in accordance with the CPUD 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 /are hereby amended accordingly. Page 1 of 2 Tall, SECTION TWO: Ordinance Number 89 -92, as amended, known as the I -75 /Alligator PUD, adopted on November 28, 1989, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. 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 Deputy Clerk Approved as to form and legal sufficiency Marjorie . Student - Stirling Assistant County Attorney PUDZ -A- 2004 -AR- 6417 /MJD /sp :• Page 2 of 2 , CHAIRMAN I -75 /ALLIGATOR ALLEY CPUD n 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 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 _ Felow, TABLE OF CONTENTS mw Page LIST OF EXHIBITS AND TABLES 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 11 PACPWin\History\061213_0001 \2016.07 LIST OF EXHIBITS AND TABLES EXHIBIT "A" CPUD MASTER PLAN EXHIBIT "B" LEGAL DESCRIPTION EXHIBIT "C" LIST OF REQUESTED DEVIATIONS FROM LDC P:1CPWin\History\061213_000 1 \2016.07 I 171 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: 1. 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 which this project complements. 3. The subject tract is strategically located at the intersection of Davis Blvd. (State Road 84), County Road 951, and I -75, which affords the site superior 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 efficient and economical 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 PACPWin\History\061213_000 1\2016.07 10. The FLUE for Interstate Activity Center allows a maximum of 55% of the total area of 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 because the project is only increasing the commercial area by 3.6 acres from area within the project. 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 CPUD will be consistent with the Activity Center #9 Interchange Master Plan. 1 -2 P: \CPWin\History\061213_0001 \2016.07 t • l' 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 I -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. PACPWin\History \061213_0001 \2016.07 SECTION III PRESERVE SUBDISTRICT 3.1 PURPOSE L 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 persevered. 3 -1 P:\CPWin\ listory \061213_0001 \2016.07 SECTION IV PERMITTED USES AND DIMENSIONAL STANDARDS FOR COMMERCIAL DEVELOPMENT 4.1 Purpose: The purpose of this Section is to delineate the development regulations that accompany the conceptual Master Plan depicted in Exhibit "A ". 4.2 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. A floor area ratio of .60 is allowed for any new motel site. 4.3 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 ± 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 4.4 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 P: \CPWin\History\061213_0001 \2016.07 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 newspapers 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 Travel Agents Groups 4812 -4841 Communications services, including towers subject to the LDC DIVISION G 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, Excepting 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 P AC P W i n\H i s tory \061213 _0001 \2016.07 Groups 801, 802, 803 and 804 Medical Practitioners' Offices 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 PAC P W i n \History \061213 _0001 \2016.07 TABLE 1 - COMMERCIAL DEVELOPMENT STANDARDS 4 -4 P: \CPWin\History\061213_0001 \2016.07 I Front yard twenty five (25) feet setback 2 Side yard fifteen (15) feet or one -half the building height, whichever is greater setback Minimum 3 distance same as side yard requirements between 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 One thousand (1000) square feet commercial uses 7 Maximum Not to exceed fifty (50) feet height 8 Minimum lot I size Ten thousand (10,000) square feet 9 Setback from Twenty five (25) feet for principal structures and ten (10) feet for accessory structures Preserve Areas 10 Minimum Lot One hundred (100) feet Width Should industrial uses develop within this CPUD and are visible from 1 -75, an eight -foot Industrial Uses Ugh masonry wall shall be provided along 1 -75. See Section 3.4 for permitted Industrial 11 4 -4 P: \CPWin\History\061213_0001 \2016.07 W S B. Accessory Structures: TABLE 2 - ACCESSORY STRUCTURES FRONT 20' SIDE 15' REAR 15' PRESERVE SETBACK 10' DISTANCE FROM 1/2 B.H. PRINCIPAL STRUCTURE MAX. STORIES/BLDG 2 STORIES or HT. NOT TO EXCEED 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 PACPWin\History \061213_0001 \2016.07 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 anchor tenant shall be required to have three primary facades to the north, south, and east. 4 -6 PACPWin\History1061213_0001 \2016.07 n SECTION V 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 P:ACPW inAHistory \0612 ] 3_0001 V2016.07 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 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 130,000 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. If the improvements are not made to Davis Blvd. by January 1, 2009, CO's can be issued for this CPUD prior to the completion of Davis Blvd. road improvements. 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 P: \CPWin\History\061213_0001 \2016.07 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 transmission facilities shall be set back 100 feet from these well field areas as required by FDEP. 5.4 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 (SFW'VID) permitting. 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 for the first 125,400 square feet of gross leasable floor area. 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 -3 5.7 Land Use and Project Phasing: P: \CPWin\History \061213_0001 \2016.07 A. The CPUD Master Plan provides for areas of commercial use and, water management areas, and retained vegetation areas and road rights -of -way as depicted on Exhibit "A ", the CPUD Master Plan. The CPUD Master Plan is 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 P:ACPWin\History\061213_0001 \2016.07 EXHIBIT "A" CPUD MASTER PLAN P: \CPW in\History \061213_0001 \2016.07 �8 EXHIBIT "B" LEGAL DESCRIPTION A parcel of land located in the East 1/2 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 45 013'56" 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 are 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. P: ACPW in\History\061213_0001 \2016.07 EXHIBIT "C" LIST OF REQUESTED DEVIATIONS FROM LDC 1 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 10 feet in width as originally approved and developed. p:\CpWjn\History\061213 _0001 \2016.07 0 $m al a 9m • • o ° o c'a i a => p> A ���� p Z 0000 Q ° im Q vA a a z vggo � z0D N: Drr tttG 4- j Z f � D' D ^ j r� o r z mD -< r m 0 m fpm CD � O O > 00000 j 8 � M r E*1 U A A 0 0 X0 m ,. =z o ^ z a 5 i o D 0 $m al a 9m m N 0 _Z Z 0 m • • o ° o c'a i a => p> A ���� p Z I 1 ° im Q vA a a m vggo � z0D N: Drr 4- j Z °= o> mAn �.0 O °R Z M o Ao m 3 Z DAD n m m fpm M D0< A >y rrrp�...EEE1< o j M r E*1 U A A 0 0 X0 m 0 I z � C m P D; o D m N 0 _Z Z 0 m • • o ° o c'a i a => p> A ���� p Z o T � C� O ° im Q vA a a R F -Z+� �_ >^ A " O% YI :1K m 4- j Z °= o> r C °R Z M o Ao m 3 o &xMEA > > > { N A >y rrrp�...EEE1< o N ! 0 I �u i5 A,�gb ogNe� ;A�6i �s g $ DAVIS �A €q 4b7T�rf O Onr do �s \ �vo eJJ F6. Q - FcN'" 9Li� > y �U �tBE J�- a T 51 O Zm E'mc lit 11 v 8 S f _ 4b7T�rf O Onr do �s \ �vo eJJ F6. Q - FcN'" 9Li� > y �U �tBE J�- a T 51 O Zm E'mc lit 11 v 8 S 0 I EXHIBIT "B" LEGAL DESCRIPTION A parcel of land located in the East 1/2 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 (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 45 013'56" East along said right -of -way line for a distance of 645.39 feet; thence run South 23 017'10" 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 are 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. PACPWin\History\061213_0001 \2016.07 M, EXHIBIT "C" LIST OF REQUESTED DEVIATIONS FROM LDC 1 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 10 feet in width as originally approved and developed. P: \CPWin\History \061213_0001 \2016.07 Ce Page 1 of 1 Patricia L. Morgan From: deruntzMichael [Michaelderuntz @colliergov.net] Sent: Wednesday, October 18, 2006 11:54 AM To: Brock, Mary; CarrelDanelle; Johnson, Connie; Martin, Cecilia; Minutes and Records; Phillips, Sharon Subject: PUDA- 2005 -AR -7818 - Pine View CPUD Public Hearing Schedule Request 10 -18 -06 8 C.C., Would you please schedule the public hearings for PUDA- 2005 -AR -7818 — Pine View CPUD with the CCPC on December 7, 2006 and the BCC on January 9, 2007. If you have any question, please contact me. Michael J. DeRuntz, CFM Principal Planner Zoning and Land Development Review Department Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 michaelderuntz @colliergov.net 239 - 403 -2416 (fax) 239 - 643 -6968 10/19/2006 E7� December 21, 2006 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ —A-2004-AR-6417,1-75/Alligator Alley Dear Legals: Please advertise the above referenced notice on Sunday, January 7, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Dillard, Deputy Clerk P.O. /Account # 113 - 138312 - 649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, January 23, 2007, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 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 TO CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "CPUD" COMMERCIAL PLANNED UNIT DEVELOPMENT KNOWN AS THE I -75 /ALLIGATOR ALLEY COMMERCIAL PLANNED UNIT DEVELOPMENT "CPUD" AND LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD IN PROXIMITY TO THE INTERSECTION OF COLLIER BOULEVARD (CR 951) AND I -75, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 40.8 ACRES; PROVIDING FOR THE ENTIRE REPEAL OF ORDINANCE NUMBER 89 -82, AS AMENDED, THE FORMER I -75 /ALLIGATOR ALLEY PUD; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUDZ -A- 2004 -AR -6417, Ronald Benderson et al, Trustee, represented by Robert L. Duane, AICP, of Hole Montes, Inc., and R. Bruce Anderson, of Roetzill & Andress LPA, requesting to rezone I- 75 /Alligator Alley from PUD to Commercial Planned Unit Development CPUD. 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 11.4 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 reduce the 50 foot perimeter setback to 25 feet. The property, consisting of 40.8 acres, is located on the north side of Davis Boulevard in proximity to the intersection of Collier Boulevard and I -75. The subject property is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. o 0 3i NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Dillard, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds December 21, 2006 Hole Montes, Inc. Robert L. Duane 950 Encore Way Naples, FL 34110 • Re: Notice of Public Hearing to consider Petition PUDZ -A- 2004 -AR -6417, I -75 /Alligator Alley Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 23, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 7, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ,, "j A- eresa Dillard, Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- collierclerk(Rclerk.collier.fl.us Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds December 21, 2006 Ronald Benderson et al, Trustee c/o Dave Gustafson at Benderson Dev. Co., Inc. 8441 Cooper Creek Blvd University Park, FL 34201 Re: Notice of Public Hearing to consider Petition PUDZ -A- 2004 -AR -6417, I -75 /Alligator Alley Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 23, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 7, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eresa Dillard, Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- cql1ierc1erk-@q1erLco1Her.fl.us Teresa L. Dillard To: legals @naplesnews.com Subject: PUDZ -A- 2004 -AR -6417 Attachments: PUDZ -A- 2004- AR- 6417.doc; PUDZ -A- 2004- AR- 6417.doc Legals, Please advertise the following on Sunday January 7, 2007. Any questions, please contact me. Thank you IWII PUDZ -A- 2004 -AR -6 PUDZ -A- 2004 -AR -6 417.doc (27 KB... 417.doc (29 KB... Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239 - 774 -8411 ( Teresa .Dillard @clerk.coI lie r.fl.us) 1 Teresa L. Dillard From: ClerkPostmaster Sent: Thursday, December 21, 2006 1:51 PM To: Teresa L. Dillard Subject: Delivery Status Notification (Relay) Attachments: ATT1666187.txt; PUDZ -A- 2004 -AR -6417 ATT1666187.txt PUDZ -A- 2004 -AR -6 (231B) 417 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Teresa L. Dillard 0 From: System Administrator [postmaster @naplesnews.com] Sent: Thursday, December 21, 2006 1:52 PM To: Teresa L. Dillard Subject: Delivered: PUDZ -A- 2004 -AR -6417 Attachments: PUDZ -A- 2004 -AR -6417 L1 PUDZ -A- 2004 -AR -6 417 <<PUDZ -A- 2004 -AR- 6417» Your message To: legals @naplesnews.com Subject: PUDZ -A- 2004 -AR -6417 Sent: Thu, 21 Dec 2006 13:51:23 -0500 was delivered to the following recipient(s): legals, NDN on Thu, 21 Dec 2006 13:51:35 -0500 1 PUDZ -A- 2004 -AR -6417 Teresa L. Dillard From: Perrell, Pam [paperrell @naplesnews.com] Sent: Thursday, December 21, 2006 2:08 PM To: Teresa L. Dillard Subject: RE: PUDZ -A- 2004 -AR -6417 OK From: Teresa L. Dillard [ma ilto: Teresa .Dil lard @clerk. col Iier.fl.us] Sent: Thursday, December 21, 2006 1:51 PM To: legals @naplesnews.com Subject: PUDZ -A- 2004 -AR -6417 Legals, Please advertise the following on Sunday January 7, 2007. Any questions, please contact me. Thank you «PUDZ -A- 2004- AR- 6417.doc>> «PUDZ -A- 2004- AR- 6417.doc>> Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239 - 774 -8411 ( Teresa. Di llard@clerk.collier.fl.us) 12/21/2006 Page 1 of 1 P pl- . NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on January 7`h 2007 giant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples. in said Collier County, Florida, for a period of i year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. "y- ( Signature of affiant) Sworn to and subscribed before me This 7 day of .Ianuar-v, 2007 .c (Signature of notary public) ",01) - ubiic State of Florida u a� P fora Ii —� -` — °F V0, r zp r 01/02/2009 3$2729 FEI59- 2578327 �°_ PUDZ-A- 2004 -Alitr COINSIGER I,QMMOCEQ !otice Is hereby t�vilh tat on TUESDAY, JanU- ry 23, 2007, In the oardroom, 3rd Floor, as Petition PUDZ- A -2004- AR -6417, Ronald Bend son et al Trustee rep rented by Robert Duane, AICP, of Ho 1 Montes, Inc., and Bruce Anderson, of Roetzili & Andress LPA, reynesting to rezone I- 75 /Alligator Alley from PUD to Commercial Planned Unit Develop- ment CPUO. The pro. Posed PUD amendment requests the following: to reduce the size of the Preserve/water man- agement area from 15 acres currently required by the PUD to 11.4 acres; to delete residential uses as a permitted use - to provide a new list o$ commercial uses com- parable to those allow- ed in the C -1 through C- 4 Commercial nictrictc ,.c Nan al IVVLiJ rInLS i. 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 en- trance 50 feet to the east; and to reduce the 50 foot perimeter set- back to 25 feet. The Property, consisting of 40.8 acres, is loca d O the north side of Davis Boulevard in proximity to the Intersection of Collier Boulevard and F 75. The subject property is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Copies of the proposed Ordinance are on file with the clerk to the Board and are available for Inspection. All inter- ested parties are Invited` to attend and be heard. NOTE: Ali persons wish. ing to speak on any agenda item must regis- ter with the County ad. ministrator prior to pre- sentation of the agenda item to be addressed. Individual speakers will be limited to 6 minutes on any Item. The selec- tion of an Individual to speak on behalf of an organization or group is enC O�I�iraged. f recog- nited by the �hairman, a spokesperson for a group or organization may be allotted 10 min- utes to speak on an Item. Persons wishing to have written or graphic ma- terials included In the Board agenda packets must submit said ma- terial a minimum of 3 weeksS prior to the re- -500& ve public hearing. In anv case. written ma. er1, says prior to the public hearing, All ma- terlai used in presenta- tions before the Board will become a perma- nent part of the record, Any ppPerson who decides theaBoard will need a of cord of the proceedings pertaining thereto and therefore; may need to ensure that a verbatim record of the proceed- ings is made, which re. cord Includes the testi. mony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,, FLORIDA JAAMIES COLETTA, CHAIR - DWIGHT E. BROCK, CLERK By: Teresa Dillard, Dep- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 8 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE8 Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents arc to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throu routing lines #1 through 44, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order Office Initials Date 1.Connie Johnson CDES Administration (Initial) Applicable) 2. Zoning and Land Dev. Review 3. February 13, 2007 Agenda Item Number 813 4. by the Office of the County Attorney. This includes signature pages from ordinances, 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original 1 6. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Michael J. DeRuntz, C.F.M., Phone Number 403 -2416 Contact Principal Planner, (Initial) Applicable) 1. Zoning and Land Dev. Review Agenda Date Item was February 13, 2007 Agenda Item Number 813 Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document PUDA Ordinance (AR -6417 Number of Original 1 Attached? contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not ampropri ate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 2/13/07 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: February 22, 2007 To: Michael DeRuntz, Principal Planner Planning Services From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2007 -26 Enclosed please find one (1) copy of the document, as referenced above, (Agenda Item #811), as denied by the Board of County Commissioners on Tuesday, February 13, 2007. If you should have any questions, please call me at 774 -8411. Thank you. Enclosure MEMORANDUM Date: February 22, 2007 To: Larry Lawrence Property Appraiser From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Validated Ordinance: 2007 -26 Attached, please find one (1) copy of the document referenced above (Agenda Item #8B), as approved by the Board of County Commissioners on Tuesday February 13, 2007. If you should have any questions, please call me at 774 -8411. Thank you. Enclosure ORDINANCE NO. 07- 2 6 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT "PUD" TO "CPUD" COMMERCIAL PLANNED UNIT DEVELOPMENT KNOWN AS THE 1 -75 /ALLIGATOR ALLEY COMMERCIAL PLANNED UNIT DEVELOPMENT "CPUD" AND LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD IN PROXIMITY TO THE INTERSECTION OF COLLIER BOULEVARD (CR 951) AND I -75, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 40.8 ACRES; PROVIDING FOR THE ENTIRE REPEAL OF ORDINANCE NUMBER 89 -82, AS AMENDED, THE FORMER I -75 /ALLIGATOR ALLEY PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, A.I.C.P., of Hole Montes, Inc., and R. Bruce Anderson, Esquire, of Roetzel & Andress, L.P.A., representing Ronald Benderson et al., Trustees, c/o David H. Baldauf at Benderson Development Company, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the subject property located in Section 34, Township 49 South, Range 26 East, Collier County, Florida, is changed from a Planned Unit Development "PUD" Zoning District to a Commercial Planned Unit Development (CPUD) District for a project to be known as the I -75 /Alligator Commercial Planned Unit Development (CPUD) in accordance with the CPUD 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 /are hereby amended accordingly. Page 1 of 2 1M# SECTION TWO: Ordinance Number 89 -92, as amended, known as the I -75 /Alligator PUD, adopted on November 28, 1989, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. 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 13 day of , 2007. ATTES `' E DWIG13 T E:' BROCK, CLERK r a � �7 party Clerk S on)„ Approved as to form and legal sufficiency l ^ 4 1' D11 J.&& MaiJori6M 0 0. Student - Stirling Assistant County Attorney PUDZ -A- 2004- AR- 6417/M JD /sp COLLIER BOARD OF COUNTY COMMISSIONERS • FLORIDA Page 2 of 2 JAMES COLETTA, CHAIRMAN Item # I -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 R. BRUCE ANDERSON, ESQ. ROETZEL & ANDRESS, L.P.A. 850 PARK SHORE DRIVE TRIANON CENTER — 3 RD 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 Page 11 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 la C: \Documents and Settings \deruntzmichael \Local Settings \Temporary Internet Files \OLK7E \PUD FINAL APPROVED BY MS SH 070212.doc • LIST OF EXHIBITS AND TABLES EXHIBIT "A" CPUD MASTER PLAN EXHIBIT "B" LEGAL DESCRIPTION EXHIBIT "C" LIST OF REQUESTED DEVIATIONS FROM LDC m C: \Documents and Settings\deruntzmichael \Local Settings\Temporary Internet Files \OLK7E \PUD FINAL APPROVED BY MS SH 070212.doc 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: 1. 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. C: \Documents and Settings \deruntzmichael \Local Settings \Temporary Internet Files \OLK7E \PUD FINAL APPROVED BY MS SH 070212.doc 10. The FLUE for Interstate Activity Center allows a maximum of 55% of the total area of Interchange Activity Center #9 or 347.875 acres to be developed with commercial uses in the Interchange Activity Subdistrict. 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 CPUD will be consistent with the Activity Center #9 Interchange Master Plan. 1 -2 C: \Documents and Settings\deruntzmichael\Local Settings \Temporary Internet Files \OLK7E \PUD FINAL APPROVED BY MS SH 070212.doc 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 I -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 C: \Documents and Settings \deruntzmichael \Local Settings \Temporary Internet Files \OLK7E\PUD FINAL APPROVED BY MS SH 070212.doc SECTION III PRESERVE SUBDISTRICT 3.1 PURPOSE • 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 C: \Documents and Settings \deruntzmichael \Local Settings \Temporary Internet Files \OLK7E \PUD FINAL APPROVED BY MS SH 070212.doc f SECTION IV PERMITTED USES AND DIMENSIONAL STANDARDS FOR COMMERCIAL DEVELOPMENT 4.1 Purpose: The purpose of this Section is to delineate the development regulations that accompany the conceptual Master Plan depicted in Exhibit "A ". 4.2 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 site is a 2.14 -acre parcel that utilized 2.01 acres of the Preserve Area to achieve the permitted number of units at the time the site plan was approved, and both these areas are depicted on the Master Plan. 4.3 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 ± 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 4.4 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 C: \Documents and Settings \deruntzmichael \Local Settings \Temporary Internet Files \OLK7E \PUD FINAL APPROVED BY MS SH 070212.doc 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 newspapers 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 Travel Agents Groups 4812 -4841 Communications services, including towers subject to the LDC DIVISION G 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, Excepting 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 4 -2 C: \Documents and Settings\derunurnichael \Local Settings \Temporary Internet Files \OLK7E \PUD FINAL APPROVED BY MS SH 070212.doc Ili Groups 801, 802, 803 and 804 Medical Practitioners' Offices 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 C: \Documents and Settings\deruntzmichaeRI -ocal Settings \Temporary Internet Files \OLK7E \PUD FINAL APPROVED BY MS SH 070212.doc • I • s TART P 1 _ CCIMMF.RCTA1, DEVELOPMENT STANDARDS 4 -4 C:ADocuments and SettingsVdcruntzmichaelALocal Settings \Temporary Internet FilesVOLK7E \PUD FINAL APPROVED BY MS SIT 070212.doc I Front yard twenty five (25) feet setback 2 Side yard fifteen (15) feet or one -half the building height, whichever is greater setback Minimum 3 distance same as side yard requirements between 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 Center, Plat Book 17, Pages 1 and 2 is 26 units per acre based on it's prior SDP approval 5 Motel Density that utilized 2.01 acres depicted on the CPUD Master Plan to achieve its allowable And intensity density. For all unimproved lots the maximum floor area ratio shall be .60. Minimum floor 6 area, all One thousand (1000) square feet commercial uses 7 Maximum Not to exceed fifty (50) feet hei ht 8 Minimum lot size Ten thousand (10,000) square feet 9 Setback from Twenty five (25) feet for principal structures and ten (10) feet for accessory structures Preserve Areas 10 Minimum Lot One hundred (100) feet Width Should industrial uses develop within this CPUD and are visible from 1 -75, an eight -foot masonry wall shall be provided along I -75. See Section 3.4 for permitted Industrial I I Industrial Uses Ugh 4 -4 C:ADocuments and SettingsVdcruntzmichaelALocal Settings \Temporary Internet FilesVOLK7E \PUD FINAL APPROVED BY MS SIT 070212.doc 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 4.06.02.135a 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 4 -5 C: \Documents and Settings \deruntzmichael \Local Settings \Temporary Internet Files \OLK7E \PUD FINAL APPROVED BY MS SH 070212.doc � 1 • CPUD shall also meet the applicable requirements 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 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. [ffel C: \Documents and Settings \deruntzmichael\Local Settings \Temporary Internet Files \OLK7E \PUD FINAL APPROVED BY MS SH 070212.doc SECTION V 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 C: \Documents and Settings \derunumichael \Local Settings \Temporary Internet Files \OLK7E \PUD FINAL APPROVED BY NIS SH 070212.doc rA • 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 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 two acres 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 had been issued prior to the adoption of this Ordinance. J. Additional interconnections or existing interconnections may be modified or added for an additional off -ramp from 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 C: \Documents and Settings \deruntzmichael\Local Settings \Temporary Internet Files \OLK7E \PUD FINAL APPROVED BY MS SH 070212.doc 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 transmission facilities shall be set back 100 feet from these well field areas as required by FDEP. 5.4 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 Paragraph 5.2.G of Section V addressing provisions for acceptance of run -off 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 -3 C: \Documents and Settings \deruntzmichael\Local Settings \Temporary Internet Files \OLK7E \PUD FINAL APPROVED BY MS SH 070212.doc 5.7 Land Use and Project Phasing: A. The CPUD Master Plan provides for areas of commercial use and, water management areas, and retained vegetation areas and road rights -of -way as depicted on Exhibit "A ", the CPUD Master Plan. The CPUD Master Plan is 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 C: \Documents and Settings \deruntzmichael \Local Settings \Temporary Internet Files \OLK7E \PUD FINAL APPROVED BY MS SH 070212.doc � ! t r J I r I f I ll I If I ( r f I ! ! r r ' f r r •! r 1 !f A Y r ! f w A� P•'F�wS P :['ic*4+ ].CSR' P k4 :x J + l ] ]!'•lAVSSCIET FlY ?R I� 9r . ! !I! K 4r ! l K P t I 1 ••' flfjY' fPrl ,•W NK: e f 5kl.0 a kNrcrc, ante I ! •' S F htWSYFK JFES ! � Ara) .I•! MFN[[ rRW M` f 1 l ! f .{� � ,l til••W4�' f zf� *1 r z+ 15wn�`r e`+iauu�i "es a ucwi`iM]i �`ilK J a•.rda aii =a� M t»5TN <c iLW K/ NFnrii i1 I15 MESEN' [o[A— PO wLL RI nr >JN[D MxatF atk• IX HmRPIw Mi) b B.tWi 'rN 1.T !0 'M PIIp.FR E -�f YxAW rVRI. IL L Y2?ARFG tap s_rI w 5 C� ] VN,.I.IT WYNN •� I �B •' AS�NKTK C'PIOI[R SIIeAC[ io 1 �7 .z snalmO seN,.ro[ x awsn v Ft[ iimFai wrtl .x. Fa• 11 ec -.1. . wwI,IR :. NOT[! Pr15 rr A P S P a%[F LEi �� CCJ i (pl ,' asN.a,rc twcrN>F x:»ra[i ^ e• [.a.RC. RaFL `1 'T S,w,xo SUBDihK E> UYah[ 4 Luck m) — W:ER TYPICAL 100` R.O.Y. ROADWAY SECTION 1 -75 ALLIGATOR ALLEY C.P.U.D. wwwo IHC" sYUlo a t -77 _17.7 z1A P•Inc .rCR IafY. [ f .S _ M N) -1 R U+E IvW I :urJ Sin,:jN 1 i I 1 NOT A PART r ' 9 i ,. .. l u •' I I p 0 b ,W I ' 1 SOLI w'r[tT SCaIE t• • 00• 1 I 1 , I .i LECEHD E,! I klo+ckn eowD.RY - � F � 1 -' -. • � E4rk0 RMRMe i � � -- •or tR[S k I vNO KMt_P --T laFlKkt I --`_- .MpSRY[jLwl�w -(a [ax(K kt �__..) �koZS Ott RLIID )REa t If M���t,i, rrgyCwat�Lic fasnN l.. , RJ ? I - KNriN M RIKralMiq EY �' OCtpRF Ka•[ RUTT vaY[,NN, I V S I I'' !*� � VI � MIOES !SINK' H1NKM 1 Z I g Ie ' ; 4 i . $ A R-ALL BE sIl :o rfc [7E1 '6FEN N F%E iE Rd aCC FSSoAy SEPUC II'1E 5. St I > i Q�7 t ° I T- i > 0 iaLw,R z. waiaia�•• r •I � i MAXIMUM SQUARE FOOTAGE IS anciis's :iuc Foa's a I�eiac.t l..waws[D ' „EY I i ; 265.000 S.F. OF OFFICE OR w k awLFr Nr- I :.xkT wcrL sar RETAIL. GROSS LEASEAB E • +:Nrr)S vMiCO M wUR ,D t L ) rH'IAq 1rFkSr}• r. awa AREA. SITE ZONING SITE CPUD { 1 SOUTH .... PUD (2: SOUTHEAST C -4 EAST C -4 NORTH.... 1 -15 WEST PUO t3} (7) 1 -7t /ALLIGATOR A.I_LhY CPUU (2) 1 -15 COLLIER B,4U COMMERCE CEN':R Pull (3) FA%- NA'LES GATEWAY L'JII YY1F P9 NRY LAND USE SUMMARY PRESERVE/WATER MANAOENENT II.& Ac:L PUBIC AN:NT -OF -MAY L9 Aar •• COMMERCIAL AREA Z9.4 Ac± OTHER. BUFFER AREAS AI Act `• AND OPEN SPACE TOTAL PROJECT AREA 40.8 Ac ••• • 8.12 ACRES IS CONTAWD IN PRESERVE /WATEF MANAGEMENT AREA TO BE RE— VEGLIAT D •• CONTAINED WITHIN THE COMMERCIAL AREA ••• OPEN -PACE PROVIDED t49R `L” U (CONCEPTUAL C.P.U.D. MASTERPLAN 20121ud4 4226 -1A Rio 2E4 20.G COLOR EXI BIT 'A' 'p •( - 2002.012 5 t A v anciis's :iuc Foa's a I�eiac.t l..waws[D ' „EY I i ; 265.000 S.F. OF OFFICE OR w k awLFr Nr- I :.xkT wcrL sar RETAIL. GROSS LEASEAB E • +:Nrr)S vMiCO M wUR ,D t L ) rH'IAq 1rFkSr}• r. awa AREA. SITE ZONING SITE CPUD { 1 SOUTH .... PUD (2: SOUTHEAST C -4 EAST C -4 NORTH.... 1 -15 WEST PUO t3} (7) 1 -7t /ALLIGATOR A.I_LhY CPUU (2) 1 -15 COLLIER B,4U COMMERCE CEN':R Pull (3) FA%- NA'LES GATEWAY L'JII YY1F P9 NRY LAND USE SUMMARY PRESERVE/WATER MANAOENENT II.& Ac:L PUBIC AN:NT -OF -MAY L9 Aar •• COMMERCIAL AREA Z9.4 Ac± OTHER. BUFFER AREAS AI Act `• AND OPEN SPACE TOTAL PROJECT AREA 40.8 Ac ••• • 8.12 ACRES IS CONTAWD IN PRESERVE /WATEF MANAGEMENT AREA TO BE RE— VEGLIAT D •• CONTAINED WITHIN THE COMMERCIAL AREA ••• OPEN -PACE PROVIDED t49R `L” U (CONCEPTUAL C.P.U.D. MASTERPLAN 20121ud4 4226 -1A Rio 2E4 20.G COLOR EXI BIT 'A' 'p •( - 2002.012 5 t A v YY1F P9 NRY LAND USE SUMMARY PRESERVE/WATER MANAOENENT II.& Ac:L PUBIC AN:NT -OF -MAY L9 Aar •• COMMERCIAL AREA Z9.4 Ac± OTHER. BUFFER AREAS AI Act `• AND OPEN SPACE TOTAL PROJECT AREA 40.8 Ac ••• • 8.12 ACRES IS CONTAWD IN PRESERVE /WATEF MANAGEMENT AREA TO BE RE— VEGLIAT D •• CONTAINED WITHIN THE COMMERCIAL AREA ••• OPEN -PACE PROVIDED t49R `L” U (CONCEPTUAL C.P.U.D. MASTERPLAN 20121ud4 4226 -1A Rio 2E4 20.G COLOR EXI BIT 'A' 'p •( - 2002.012 5 t A v �. ;j EXHIBIT "B" LEGAL DESCRIPTION A parcel of land located in the East 1/2 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 (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. C:\Documents and Settings\deruntzmichael\Local Settings \Temporary Internet Files \OLK7E \PUD FINAL APPROVED BY NIS SH 070212.doc EXHIBIT "C" LIST OF REQUESTED DEVIATIONS FROM LDC 1. 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 10 feet in width as originally approved and developed. C: \Documents and Settings \deruntzmichael\Local Settings \Temporary Internet Files \OLK7E \PUD FINAL APPROVED BY MS SH 070212.doc STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2007 -26 Which was adopted by the Board of County Commissioners on the 13th day of February 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of February 2007. DWIGHT E. BROCK -.,, Clerk of Court j�-�•andl,:Cilerk Ex- officio to, Board' A County C mmloioners By:Teresa Dillard,,'. Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: rl .� Originating Dept/ Div: CDES Administration Person: Joseph K. Schmitt Date: 1/23/2007 Petition No. (If none, give brief description): Repeal of Collier County Ordinance 2002 -49, as amended, The Collier County Fire Protection and Prevention Code Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before XXX BCC BZA Other Requested Hearing date: February 13, 2007 (Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: 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. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes ❑ No If Yes, what account should be charged for advertising costs: 131- 138904- 649110 Reviewed by: Division Administrator or Designee Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY-', Date Received: 1 - a "i'a T Date of Public hearing: Date Advertised: 3 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 8, 2002, the Board of County Commissioners of Collier County, Florida ( "Board ") adopted Ordinance No. 2002 -49, 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 1 , Deputy Clerk JAMES COLETTA, Chairman Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Managing Assistant County Attorney 8C January 25, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Repeal of Ordinance 2002 -49: The Collier County Fire Protection and Prevention Code Dear Legals: Please advertise the above referenced notice on Friday, February 2nd, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. /Account # 131 - 138904 - 649110 NOTICE OF INTENT TO CONSIDER ORDINANCE � 1 Notice is hereby given that on Tuesday, February 13, 2007, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE 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. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Ann P. Jennejohn To: legals @naplesnews.com Subject: Collier County Fire Protection and Prevention Code Attachments: Ord. Fire Protection and Prevention Code.doc; Ord. Fire Protection and Prevention Code.dot Good Morning, Please advertise the attached on Friday, February 2nd, 2007. Ann Jenne john Clerk to the Board Minutes & Records Department 774 -8406 (ann. jennejohn@clerk.collier.fl.us) 1 1 J Ord. Fire Protection Ord. Fire Protection and Preve... and Preve... Thank you, Ann Jenne john Clerk to the Board Minutes & Records Department 774 -8406 (ann. jennejohn@clerk.collier.fl.us) 1 8 11 AIR Ann P. Jenneiohn 1 From: ClerkPostmaster Sent: Thursday, January 25, 2007 10:08 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT1002952.txt; Collier County Fire Protection and Prevention Code El LI ATT1002952.bd Collier County Fire (229 B) Protection... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Ann P. Jennejohn From: System Administrator [postmaster @naplesnews.com] Sent: Thursday, January 25, 2007 10:08 AM To: Ann P. Jennejohn Subject: Delivered: Collier County Fire Protection and Prevention Code Attachments: Collier County Fire Protection and Prevention Code Collier County Fire Protection... <<Collier County Fire Protection and Prevention Code>> Your message To: legals @naplesnews.com Subject: Collier County Fire Protection and Prevention Code Sent: Thu, 25 Jan 2007 10:07:28 -0500 was delivered to the following recipient(s): legals, NDN on Thu, 25 Jan 2007 10:07:38 -0500 1 Collier County Fire Protection and Prevention Code Ann P. Jennejohn To: Ferrell, Pam Subject: RE: Collier County Fire Protection and Prevention Code From: Perrell, Pam [mailto:paperrell @naplesnews.com] Sent: Thursday, January 25, 2007 10:15 AM To: Ann P. Jennejohn Subject: RE: Collier County Fire Protection and Prevention Code OK (I fixed the word 'ordinance" in the 2nd paragraph!) From: Ann P. Jennejohn [mailto: Ann .Jennejohn @clerk.collier.fl.us] Sent: Thursday, January 25, 2007 10:07 AM To: legals @naplesnews.com Subject: Collier County Fire Protection and Prevention Code Good Morning, Please advertise the attached on Friday, February 2nd, 2007. Thank you, <<Ord. Fire Protection and Prevention Code.doc>> Code.dot>> Ann Jennejohn Clerk to the Board Minutes & Records Department 774 -8406 (ann. jennejohn@clerk.collier.fl.us) Pelofl 8 C D,:l I <<Ord. Fire Protection and Prevention Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1/25/2007 NAPLES DAILY NEWS Published Daily Naples_ FL 3.1102 Affidavit of Publication State of Florida County of Collier Before the undersigned they sen e as the authority_ personally appeared B. Lamb, who on oath says that thcN serve as the Assistant Corporate Secretary of the Naples Daily_ a dally newspaper published at Naples, in Collier County, Florida: distributed in Collier and Lee counties of Florida; that the attached cop} of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on Februar 2 "", 2007 M11ant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier Count_ Florida: distributed in Collier and Lee counties of Florida. ach dac and ha been entered as second class mail matter at the post offcc in Naples, in said Collier County, Florida. for a period of I near next preceding the first publication ofthe attached copy- of advertisement; and affiant further saes that he has neither paid nor promised anv person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this adv crti.setnent for Publication in the said newspaper. 1 ( Signa ure of affiant) Sworn to and subscribed before me This 2nd of February. 2007 (Signature of notan public) FEI 59- 2578327 49 C INifWTCE Commence Copies of the Proposed ordinance are on file with the Clerk to the a1� kMt:a ��lin�ted Zted befteard. NOTE: All Persons wish- ing to speak on anv tlon Of an llntttThe el to sPeak On behalf of an encouri amp d.or ocop nixed by the Chairman, a spokesperson for a grrp� �q,.o "Non us on an �t ,$ Y a `QL TA. CHAIR- * 16. titOCK, Jennelohn, pep; ET Chanel A McDonald MY COMMISSION # DD210203 EXPIRES F June 29, 2007 BONDED THRU TROY FAIN INSURANCE, INC FEI 59- 2578327 49 C INifWTCE Commence Copies of the Proposed ordinance are on file with the Clerk to the a1� kMt:a ��lin�ted Zted befteard. NOTE: All Persons wish- ing to speak on anv tlon Of an llntttThe el to sPeak On behalf of an encouri amp d.or ocop nixed by the Chairman, a spokesperson for a grrp� �q,.o "Non us on an �t ,$ Y a `QL TA. CHAIR- * 16. titOCK, Jennelohn, pep; ET COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: ,,n►ni� Originating Dept/ Div: Transportation, Engineering and Construction Management — Right -of -Way Person: Debbie Armstrong/ Kevin Hendricks Date: 1/11/06 Petition No. (If none, give brief description): ORDINANCE RELATING TO THE PURCHASE OF REAL PROPERTY.. Petitioner: (Name & Address): n/a Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC Requested Hearing date: (Based on advertisement appearin 10 days efore hearing.) February 13, 2007 Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: 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 ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: n/a Does Petition Fee include advertising cost? ❑ Yes ❑ No If Yes, what account should be charged for advertising costs: Project #60171 fund 313 cost center 163673 Reviewed by: Aq/,07 Div' on Administrator or 13esignee Dat List Attachments: Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division ❑ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE NL Date Received: 1111 07 Date of Public hearing: //,3 D7 Date Advertised: 1 ORDINANCE NO. 2007- 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 5. The Board may waive the requirement for any appraisal where the purchase price of the fee 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 ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: i Heidi F. Ashton Assistant County Attorney , 2007. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA JIM COLETTA, Chairman Page 2 of 2 _r NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, February 13, 2007, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE 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. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 'J January 11, 2007 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE RELATING TO THE PRUCHASE OF REAL PROPERTY Dear Pam: Please advertise the above referenced notice on Sunday, February 2, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. # fund 313 cost center 163673 Project# 60171 Martha S. Vergara From: ClerkPostmaster Sent: Thursday, January 11, 2007 2:03 PM To: Martha S. Vergara Subject: Delivery Status Notification (Relay) Attachments: ATT1466330.txt; Ord. relating to the purchase of Real Property :1 LI ATT1466330.txt Ord. relating to the (231 B) purchase ... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Martha S. Verciara From: System Administrator [postmaster @naplesnews.com] Sent: Thursday, January 11, 2007 2:03 PM To: Martha S. Vergara Subject: Delivered: Ord. relating to the purchase of Real Property Attachments: Ord. relating to the purchase of Real Property LLJ Ord. relating to the purchase .,. « Ord. relating to the purchase of Real Property>> Your message To: legals@naplesnews.com Subject: Ord. relating to the purchase of Real Property Sent: Thu, 11 Jan 2007 14:02:53 -0500 was delivered to the following recipient(s): legals, NDN on Thu, 11 Jan 2007 14:03:07 -0500 1 Page 1 of 1 Martha S. Vergara From: Perrell, Pam [paperrell @naplesnews.com] Sent: Thursday, January 11, 2007 2:11 PM To: Martha S. Vergara Subject: RE: Ord. relating to the purchase of Real Property OK From: Martha S. Vergara [ma i Ito: Martha .Vergara @clerk.collie r. fl. us] Sent: Thursday, January 11, 2007 2:03 PM To: legals @naplesnews.com Subject: Ord. relating to the purchase of Real Property Hey Pam! Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 1/11/2007 NAPLES DAILY NEWS Published Daily Naples. FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned then senc as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily. a daily newspaper published at Naples, in Collier County. Florida; distributed in Collier and Lee counties of Florida: that the attached copy of the advertising, being; a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on February 2 Ind . 2007 afiiant further says that the said Naples Daily Nees is a newspaper published at Naples. in said Collier Counh, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida: dish ibuted in Collier and Lee counties ol' Florida_ each day and has been entered as second class mail matter at the post ot7ice in Naples. in said Collier Counts. Florida, fur a period of I year next preceding the first publication of the attached copy of advertisement, and affiant Further says that he has neither paid nor promised any person. firm or corporation any discount, rebate, commission or refund for the purpose ol' sccuring this advertisement for publication in the said newspaper. Signature of affiant Sworn to and subscribed before me This 2nd of February, 2007 (Signature of notan public) Y Chanel A. McDonald .: MY COMMISSION # DD210203 EXPIRES June 29, 2007 '• E of F� °o` BONDED THRU TROY FAIN INSURANCE, INC FEI 59-2578327 8C ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE , Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exc lion of the Chairman's signature; draw a line on h r ting lines #1 through #4 co m lete the checklist and forward to Sue His on fi n #5 Route to Addressee(s) (List in routing order) Office Initials e ). Date Agenda Date Item was Approved b the BCC Ckq , +If a--, HFA D a 2. O #:Zt-b I N&N C ,, 61 ~ au Number of Original Dents Attached 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. by the Office of the County Attorney. This includes signature pages from ordinances, 5. Sue Filson, Executive Manager Board of County Commissioners H(A 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chahrnian's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact e vl tti H C.- 'id--r ► a � Phone Number 9yy Agenda Date Item was Approved b the BCC 21 1 I D q Agenda Item Number D a Type of Document Attached O #:Zt-b I N&N C ,, 61 ~ au Number of Original Dents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Farms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from H(A contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possib& State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's k(A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is a livable. PON 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 00 5. In most cases (sortie contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. µ�r� Some documents are time sensitive and require forwarding to Tallahassee within a certain 11 time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC o (enter date) and all changes made during the meeting have been incorporated in the attached document. The rA County Attorney's Office has reviewed the chin es Wapplicable. I: Forms/ County Forms/ BCC Farms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: February 22, 2007 To: Kevin Hendricks Transportation From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2007 -28 Enclosed please find one (1) copy of the document, as referenced above, (Agenda Item #8D), approved by the Board of County Commissioners on Tuesday, February 13, 2007. A copy of the document has been retained in the Minutes and Records Department. If you should have any questions, please call me at 774 -8411. Thank you, Enclosure MEMORANDUM Date: February 22, 2007 To: Larry Lawrence Property Appraiser From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Validated Ordinance: 2007 -28 Attached, please find one (1) copy of the document referenced above (Agenda Item #81)), as approved by the Board of County Commissioners on Tuesday February 13, 2007. If you should have any questions, please call me at 774 -8411. Thank you. Enclosure ORDINANCE NO. 2007- :2 g 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 5. 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. 6. 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 134'`' day of e 6 r �� �' , 2007. ATTEST: vry A DWIGI- T'`E. BROCK, Clerk Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Page 2 of 2 Item # V -b Aga,-Oa oa:� 4-L41 q Date I ff [C) Recd STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2007 -28 Which was adopted by the Board of County Commissioners on the 13th day of February 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of February 2007. DWIGHT E. Clerk of Co4t,,�b- and ' Clerk Ex- officio -Ito,'A rd of-' County Comfij lonerq 4vy:Teresa Di];r,,, Deputy ClerkC �eias ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order Office Initials Date 1. Collier County Attorney's Office (Initial) Applicable) 2. February 13, 2007 Agenda Item Number 9A 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners I Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office (Initial) Applicable) Agenda Date Item was February 13, 2007 Agenda Item Number 9A Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution Number of Original I Attached I I Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. &1z 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain �l time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 M 0 1 RESOLUTION NO. 2007 -38 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT MEMBERS TO THE AFFORDABLE HOUSING COMMISSION. WHEREAS, Collier County Ordinance No. 91 -65 created the Affordable Housing Commission and provides that the County Commission shall appoint five (5) members to the Affordable Housing Commission and the City of Naples shall appoint four (4) members to the Affordable Housing Commission; and WHEREAS, on December 14, 2004, the Board of County Commissioners adopted Collier County Ordinance No. 2004 -77 to include an alternate in its membership; and WHEREAS, there are currently vacancies on this Commission; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Affordable Housing Commission has provided to the Board of County Commissioners its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. James A. Pusateri is hereby appointed to the Affordable Housing Commission to fulfill the remainder of the vacant term, said term to expire on October 1, 2009. 2. John Barlow is hereby appointed to the Affordable Housing Commission to fulfill the remainder of the vacant term, said term to expire on October 1, 2010. This Resolution adopted after motion, second and majority vote. DATED: February 13, 2007 ATTEST: DWIGHT_�.F, ;i�FI� Clerk 6 By: r Att"! n s s igastW1 , 6� Y Approved as to form and legal sufficiency: ". A, - � �0 oe" 4. J David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP" fi TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only fa ter the Board has taken action on the item.) ROUTING SLIP Complete routing lines 41 through #4 as appropriate for additional signatures, dates, and /or intormation needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #I through 44, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Collier County Attorney's Office (Initial) Applicable) 2. February 13, 2007 Agenda Item Number 913 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners I Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office (Initial) Applicable) Agenda Date Item was February 13, 2007 Agenda Item Number 913 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution Number of Original 1 Attached I I Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, I' resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! `- 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2007 -39 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT DAVID R. CLEMENS TO THE RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 97 -52 created and established the Radio Road Beautification Advisory Committee and provides that the Committee shall be composed of five (5) members; and WHEREAS, one member moved away from the District creating a vacancy on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Committee has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. David R. Clemens is hereby appointed to the Radio Road Beautification Advisory Committee to fulfill the remainder of the vacant term, said term to expire on March 3, 2009. This Resolution adopted after motion, second and majority vote. DATED: February 13, 2007 ATTEST: DWIGHT,,, � t C� Clerk By k4.. A t Approved as to form and legal sufficiency: �e David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA j, li"'�'�ii��. JAV14COLET7TA, Chairman ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through 44 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throu h routing lines #I through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Collier County Attorney's Office (Initial) Applicable) 2. January 13, 2007 Agenda Item Number 9C 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners I Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office (Initial) Applicable) Agenda Date Item was January 13, 2007 Agenda Item Number 9C Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution Number of Original 1 Attached I I Documents Attached INSTRUCTIONS & CHECKLIST L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not aopropriate. (Initial) Applicable) I . Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, / resolutions, etc. signed by the County Attorney's Office and signature pages from / contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's 1 signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval Some documents are time sensitive and require forwarding to Tallahassee within a certain }— time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2007 -40 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT DAVID BISHOF TO THE LAKE TRAFFORD RESTORATION TASK FORCE. WHEREAS, the Board of County Commissioners of Collier County, Florida adopted Collier County Ordinance No. 2002 -18, establishing the Lake Trafford Restoration Task Force; and WHEREAS, the Lake Trafford Restoration Task Force is composed of thirteen (13) members; and WHEREAS, there is currently a vacancy on this Committee; and WHEREAS, the Board of County Commissioners previously provided notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that David Bishof is hereby appointed to the Lake Trafford Restoration Task Force to fulfill the remainder of the vacant term, said term to expire on April 23, 2010. This Resolution adopted after motion, second and majority vote. DATED: February 13, 2007 ATTEST :, .�,f DWIGHT . BI�(�� K, Clerk LA Approved as to form and legal sufficiency: 4 David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA "JAMOs COLETTA, Chairman ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throu routing lines #I throu #4, complete the checklist, and forward to Sue Filson line 45). Route to Addressee(s) (List in routing order Office Initials Date 1. appropriate. Initial A licable 2. -iRtp- 3 _p Agenda Item �r~/ 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed Number / 4. Colleen M. Greene Assistant County Attorn C G 01/26/07 5. Sue Filson, Executive Manager Board of County Commissioners Documents 6. Minutes and Records Clerk of Court's Office Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to anDrove the item.) Name of Primary Colleen M. Greene, Assistant County Attorney Phone Number 774 -8400 Staff Contact appropriate. Initial A licable Agenda Date Item was -iRtp- 3 _p Agenda Item �r~/ Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Number / Type of Document Resolution No. Number of Original One Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents contracts, agreements, etc. that have been fully executed by all parties except the BCC Attached INSTRUCTIONS & CHECKLIST l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial A licable 1. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's CMG Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the CMG document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip CMG should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on January 23. 2007 (enter date) and all CMG changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2QQ;Z -41 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 owl 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 C rLar. 2007. ATTEST: r BOARD OF COUNTY COMMISSIONERS DVIIIGI-} t,,CLERK COLLIER COUNTY, FLORIDA d� By: uty Clerk Jar&f Cole a, KI R N s lgtatur;cxi.l. x.. E.:. Approved as to form and legal sufficiency: 0'4Ue&')1;A Am-� Colleen M. Greene Assistant County Attorney 07- BCC - 00289/2 Item # Agenda o/7 Cate � Dare .2//41142007 Reed t — ep)U11 ,i k ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 10 Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throueh routine lines #1 throueh #4. comnlete the checklist. and forward to Ciie Filsnn (line #4) Route to Addressee(s) (List in routing order) Office Initials Date 1. atwroDriat e. (Initial) Applicable) Agenda Date Item was 2. Agenda Item Number 10a Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. Type of Document Developer Agreement Number of Original 4. Attached I I Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Nick Casalanguida Phone Number 417 -6064 Contact atwroDriat e. (Initial) Applicable) Agenda Date Item was 02 -13 -07 Agenda Item Number 10a Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Developer Agreement Number of Original 1 Attached I I Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not atwroDriat e. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from t .� contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain Vb time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 02 -13 -07 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Vol County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 PLEASE RECORD AND BILL TO 313-163673-633011-601711 PLEASE REFERENCE DCA IN BILLING MAIL BACK TO: TRANSPORTATION PLANNING ATTN: LAURIE BEARD 2885 SOUTH HORSESHOE DR. NAPLES, FL 34104 INTER - OFFICE TO TRANSPORTATION PLANNING ATTN: LAURIE BEARD 659 -5782 Developer Ageements InA DEVELOPER AGREEMENT DAVIS BOULEVARD PROJECTS THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this 15: of c` , 2007, by and between Ronald Benderson and David H. Baldauf, as Trustee Under a Trust greement 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 $1,581,660; 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 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 storm water management system storm water runoff from Davis Boulevard for 2 acres of proposed road right -of -way; and WHEREAS, Davis Crossings is willing to reserve for future conveyance to the County, at no cost 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 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 water that will be accepted into the System from the Davis Boulevard drainage is limited to the amount required to drain two acres 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 no cost to the County, and with no impact fee credits. 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 D. 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 a, , i.rA damages to County. In that actual damages are difficult to ascertain with substantial certainty, the parties agree that Westport and Davis Crossings shall pay to County as liquidated Page 3 of 12 1 C1 D, 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.B (Ordinance No. 2006 -07), a copy of which is attached hereto and incorporated by reference as Exhibit "D" shall apply to these two developments. Additionally, 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 renaming 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 r. �rwed by Collier County's Impact Fee Administrator, irrespective of whether Benderson assigns all or part of the Development. 6. The I -75 /Alligator Alley PUD will show an interconnection on the west side, which shall be determined at final Site Development Plan. Page 4 of 12 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- Alligator Alley PUD, no certificates of occupancy will issue 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 County: Harmon Turner Building Naples, Florida 34112 Attn: Norman E. Feder, A.I.C.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 Rimm, 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 6of12 1� 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 '0 .� v By BY: — a,t L-* s t a s to Cha puty Clerk J OLACHIM, ARAN S!vAtOrt 0414 AS TO DEVELOPER: WITNESSES: Print Name: SL Print Name: c STATE OF FLORIDA COUNTY OF MANATEE tl David H. Baldauf, as rustee Under a Trust Agreement dated September 22, 1993, known as the Randall Benderson 1993 -1 Trust a` The foregoing instrument was acknowledged before me this mss'! , day of FEB?jut —, 2007 by David H. Baldauf, as Trustee Under a Trust Agreement dated September , 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 "9-M day of rf6?nfj�q 2007. Notary Public NOTARY RUBBER STAMP SEAL ?o Alicia H Gayto„ \ OR EMBOSSED SEAL Commis sion DoipBg.,,� Printed Name °'" )Pr*a March 31 2007 Commission No. Expiration Date Page 7 of 12 10 A WITNESSES: WR -I ASSOCIATES, LTD. By: BG The Village, LLC, General Partner Print Name: A _ cjA David H. Baldauf, as Manager Print Name: ( ctUC_ ( ,.�_el 7< 0� STATE OF FLORIDA COUNTY OF MANATEE The foregoing instrument was acknowledged before me this 19r*, day of 2007 by David H. Baldauf, as Manager of BG the Village, LLC, General Partner of R -I ASSOCIATES, LTD., who is personally v`-known to me or has produced as identification. WITNESS my hand and official seal this day of j:�an , 2007. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name for+ Aliva H. Gayton Commission DDt —d MeNrem Wth 31 2007 Commission No. Expiration Date Page 8 of 12 STATE OF FLORIDA COUNTY OF MANATEE 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, Man. ger �i 6b- The foregoing instrument was acknowledged before me this day of 2007 by David H. Baldauf, as Manager of DAVIS CROSSINGS, LLC; DAVIS CR6SSINGS 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 1known to me or has produced as identification. WITNESS my hand and official seal this 190 day of 1;::Ee) , 2007. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Commission No. Expiration Date Page 9 of 12 WIT SSES: Print Name: Print Name: u AW RONALD BENDERSON 1995 TRUST. By: 1W Name: 'DA *4k d. 14. zAg�'t'aa� 0.� Title: STATE OF FLORIDA COUNTY OF MANATEE FEWThe foregoing instrument was acknowledged before me this 9 day of juPhlsJ ...... 2007 by David H. Baldauf, as Trustee Under a Trust Agreement dated 3)fe- I-% Iqq'-'-7 , known as e 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 ` ,n a GaODn OR EMBOSSED SEAL; ""°" DD'9W58 200 Printed Name Commission No Page 10 of 12 Expiration Date WITNESSES: Print Name: Ir Print Name: jet h J �n STATE OF FLORIDA COUNTY OF MANATEE MARKET CENTER ASSOCIATION, INC. By: Name: AA. 6A Title: The foregoing instrument was acknowledged before me this �, day of UftLL�j , 2007 by 7Avkd N . F} , as .I EgM2 Z of MARKET CENTER OCIATION, 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 0 T" day of t B 2007. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Appr ved s o form and llkalldciencv: J County Attorney Notary Public Alias H Gavton My Comm -ss1,11 '�nt9 Printed Name MHrch „ 2007 Commission No Page 11 of 12 Expiration Date "A �4+ 10 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 i9m HOLE MONIES E • RANERS - SUROwo vlswmxrcl#fficw 950 Eimm My • I I I l Flo 34110 . Ph& 23025420M • Fa: 239.25422009 LEGAL DESCRIPTION: .C� A r HM PROJECT 92002012 8/L2005 REF. DWO. 9B -5586 Page 1 of I EXHIBIT A -2 ALL OF LOTS 3.4 & 5 AND TRACT A AND PORTIONS OF LOTS 2 A 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 I THROUGH 2 OF THE PUBLC RECORDS OF COLDER COUNTY. FLORIDA; THENCE RUN N.00'26' 16"W., ALONG THE WEST BOUNDARY OF SAND 95 L COMMERCE CENTER FOR A DISTANCE OF 1,114.08 FEET TO THE NORTHWEST CORNER OF LOT 5, OF SAID 951 COMMERCE CENTER; THENCE RUN S.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; TTIENCE RUN S.23 *17' 10"E., ALONG THE BOUNDARY OF SAID I.OT 6 FOR A DISTANCE OF 68.01 FEET; THENCE RUN S.00'32' ,CS. ALONG THE BOUNDARY OF SAID LOT 6 FOR A INSTANCE 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 PAOES 3328 -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 LJNE OF SAID EBDQ.EL CIRCLE. TRACT R. FOR A DISTANCE OF 84.61 FEET; THENCE RUN N.89°46' l4"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 SAW13'467W., ALONG THE WESTERLY R-O-W LIVE OF SAID BEDZEL CIRCLE, TRACT R FOR A DISTANCE OF 322.61 FEET TO A POINT 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"00'00r, SUBTENDED BY A CHORD OF 91.92 PWT AT A BEARING OF S.45 °1 3'46"W., FOR A DISTANCE OF 102.10 PEEL' TO THE END OF SAID CURVE; TIIF.NCE RUN N. W46' 14"W., ALONG THE NORTHERLY RO- W LINE OF SAID BEDZEL CIRCLE. TRACT R FOR A DISTANCE OF 285.00 FEET; IM94C'E RUN SAV32' 14" E., FOR A DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL AS DESCRIBED AT O.R. BOOK 2359, PAGE 1831 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; T'HElNC X CORrDRM 8.00'32' 14" B., 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 BOUNDARY OF SAID 951 COMMERCE CENTER, THENCE RUN MW46' 14"W., ALONG THE SOUTHERLY BOUNDARY OF SAID 951 COMMERCE CENTER FOR A INSTANCE OF 423.92 FEET TO THE POINT OF BBGRO(IN i; CONTAIKWG 19.049 ACRES. MORE OR LESS. THIS PROPERTY IS SUBJBCT TO BASEMENTS. RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTH LAVE 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 MONIES, INC. CERTIFICATION OF AUTHORIZATION LB 01772 BY , '�- P.S.M. 115628 THOMAS M. STATE OF FLORIDA NWW • Fart My= • lhnioe A S 89'46'14' E 990.72' POINT OF BEGINNING SAL aMW3 151 o111m awn Fall. m 1 -2 NOT A SURVEY 950 Encore Way MDT WA IMt AND EXHIBIT A -1 02.01 2 Naples, FL 3.i 110 � �� � 8/05 Phone: (239) 254 -2000 C 0''"" *AM SKETCH TO ACCOMPANY A LEGAL DESCRIPTION No in Florida Certificate of Lcom REFERENCr W. 8-mm EUCIa PlAilEi5 M Authorization No.1772 Mp yM A►+a - 1� 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 S000283M ALONG THE WEST LINE OF SAID FRACTION FOR 50.00 FEET TO THE SOUTH RIGHT -OF -WAY LINE OF STATE ROAD 84; THENCE S8V42'i9"E ALONG SAID SOUTH LINE FOR 200.00 FEET TO THE POINT OF BEGINNING; THENCE S00028'38"W ALONG A LINE PARALLEL WITH AND 200.00 FEET EAIT OF (AS MEASURED ON A PERPENDICULAR) SAID WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER FOR 900.00 FEET; THENCE S8W42'i9'E 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 64 FOR 1012.86 FEET TO THE WEST RIGHT -OF -WAY LINE OF COUNTY ROAD 951; THENCE NW*W#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 N63140'35"E; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL. ANGLE OF 38'12'47' FOR 572.44 FEET TO SAID SOUTH RIGHT -OF -WAY LINE OF STATE ROAD 84; THENCE N89'42'1 9'W ALONG SAID SOUTH RIGHT -OF -WAY LINE FOR 618.76 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 18.54 ACRES. MORE OR LESS. ASSUMED NORTH BASED ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 28 EAST AS BEARING N89042'19"W. FXTM LANDSCAPE TRACT "L -T MARKET CENTER PLAT BOCK 41, PGS, 80.81 PROPOSED 15' DRAINAGE EASEMENT PROPOSED 15' DRAINAGE EASEMENT EXHIBIT "C" APPROXIMATE FUTURE R.O.W. SOUTH OF DAVIS BOULEVARD DAVIS ROTTLEVARD(SR No. B4) s AREA2 AREA H SO' LOT 3 TRACT MA T CIENTERVATgN) PLAT BOOK N. i PIAT BOOK N Pas. 0"I ' , 80411 PGe. I ! ! ! j < I I I ! I I j MARKET CENTER j (Westport Commerce Center MUPUD) \ \ i ! TRACT "C,Y(CONSERVATKJN) i MARKET CENTER PLAT BOOK 41, PG& 8"1 i I I I i � I i i i — — - TRACT sz i LOT 2 (STCIPI.MI/LTER) i I TRACT "S-1" (STORMWATER) MARKET CENTER PLAT BOOK 41, POE. 11"I LOT 4 MARKET CENTER PLAT BOOK 41, PGL e0411 AREA4 — — sly MM STATION 40 DAVIS CROSSINGS (1- 75/Collier Boulevard Commercial Center PUD) LOT 5 wiewCENTER MAT 000K 41, ' •� PO4 BOe1 T- _ ._. - -••- - -- - - -- ! ! LOT 5 ! MARICET CENTER i MT BOOK 41, PGB,e6e1 --------- --T- -- LOT 1 (WAL4AARn MARKET CENTER PLAT BOCK 41, POE. e"I to x V 0 ei w a 0 m K m: o V 1 � N !GALE: i' . 300' AREA 4 ALREADY CONVEYED TO COUNTY AT NO COST. AREA # APPROX. AREA (SQ. FT.) 1 668 2 6,235 3 31,226 4 33,168 5 21,470 TOTAL 92,767 • n n � -- I a ! � I !A I m� .w Row Ba6bi, 06-M —M%l SITE now 1 OF j —M# F-4 CD 3t' EXHIBIT "B" k K. . ii()[ i r�'ARA t;k No. 9 4} i y ' ui :.� f { , MARKET CENTER (Westport Coo P ff ene� iV��3s�UD. .t h �� ink:. 5 _ � &,s•... -.� I.pOdlm (. IAC MAY OFr a —Wo 9349 ME EXHIBIT "D" nonceriforrylives zra'a:e ; Y� 'Q1,011c :41; iots or vards ef4ec-,I've date Of tnis -C.Ae r. -a'Qu rr:r-a7ls -�ar *'MS i-cle "2-'- 2L If recrrd or the -Z'ff8,,-tiw-- dale of this Code 'x lawfullv ex;st,na ;h:s Cc.-de. in 't, 2c ;Ze . 'imers;cn )r n r" r c r- t . i s B" i r, S '- k)"'! n; U i d a ,r&asp. arc ike i R?�-cuired vards .n fnomvp.d tots lot area lot coverage n%r;rpvp-c ots, 3,1(, lot nonconforminq o, f- re ecaVv nonconfort111, a S vrpsuit of heinq ar-lluimd ',or r-luNlc Ta rev Me -3rre (1:rrenisic --r r LA rei,lit ;n a front -of e ro ss. Tiar ter. fset ,' n ncor-fo n-,jtv �)t of Z lot lhi,'� rP�q re - —.-- u j . 4 v LrSi s ,r i! r r i-s tt-,ti tirrert -eCu 'Ajjlj te Jeet-red ;awtul unfe,s A:uz�l i71e :ef? din Fq jard is t-1 'i lot ^ i1C r n t Nhv r; -vne --c", lots and vards t,;r,.,i, et,,t�, OV ItliS C Cje I !Ot ;i lot lol sine :0 02 teIV CrGIJ (_S _ 'or lot-, , 'eC' C-`her -eiated le- ai nonconformifies. it irci t-t74-se renoemd 'note nonconforminq as a -esull of acau;siticr- fot purlic use r4htch M�- 1:11is Code's cr other 7cuntv c--da tj 15;, t t'* !od ta__rtcrnlvJater naragef 'ards buffers. ,11'anilards. FitC.. I'll, 1-p fle rnerj lPciailv nonconforming, arid all siinn res: X;na ooncofiformitles m4y, to ;3iic,,ved t3 arc! ---reated or ro-,'O Ovalc- ed. �al -,.icn ime -,uch -�e wt 'c!a'eri nonconiormities and development must ,-nmpiv %1)7-th fl"e *t.en of ±!-'Is Code. C, ftsa �ircurnstances wiere aca,:iisitjan for Dublic ;.,,e c,f a nn -t on k- a C' a levelopment outer or ".rrnft in -jrjer o Ina lhft n njder to JeVej2prn'ent ordfer or nc? h'4�) ncr'�'Ised' 3. F al C. i'a'l *'Idry! � t�e he r t '!iScm,-'j1'*,-rj"z1'; n DC _'J_ PROJECT NAME: PARCEL MW): PARENT TRACT FOLIO NO. WARRANTY DEED 'MIS WARRANTY NEED rnado t`i +s 20 _ !'.y, ;herema`te, rofet,el % as "fit t''t)r ). whose Qst ffu'? box is AD0RFSSj -i' to COLLIER COUNTY, a f)n:.,�I5 fxjiviSinr, of *he Stale of Florda. its sort:, e <s rs and assgns, whose pcst office addmss is XKI TAmiaml Traa tas1, tiaplas, Fleru,,a, 3.41 12, {herein titer reforred hz- as - G-ariee '1 i (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 Dolt m ($10.00) and other valuable consideration, receipt whereof is hereby atdcnow11ed9 , h0fl8ft grants, bailVainS, sells, aliens, remises, releases, cortveys and confinns unto the Grantee, aM that certain land situate in Collier County, Florida, to wit- See Attached E)diibh 'A" which is Incorporated herein by reference. S+ bpot to easements, resVicrior>;s, and reservations of record. This is NOT the Homestead property of the Grantor. i TOGETHER with ail the tenements, hereditaments and appurtenances thereto bokxVktg or in anywise appertakrlrtg• s TO HAVE AND TO HOLD the same In fee sknple forever. Af4D the Grantor h,;rety covenants with "aid Cranes that the Grantor is :awtally seize -o of said Land in foe simpte; that It-Q Grantor has good night and lawiui autt;c±nty t +a sell and corvay saK1 land, ;hat the Grantor hereby fully warrants the tale to 53id 13jre and will deferkd the s ui--e a<3amsi tt:a awfu; dairns of all perso,vs wt }�imsr�rar, argi fiord said land is Ifu-) cl all Ancumbrarx�es excopt as notod above IN WITNESS WHEREOF, the said Grantor has signed and seated these presents the day and year first above written. WITNESSES: _,___ - _._ _ ___ _ _ __. _ _. By: (Signature) __ __-- --- -- [GRANTOR NAI<AE] (Print FuR N&nne) (Signature) (Print Fi Name) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP -. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routine lines #1 through #4. complete the checklist- anti fnrwarti to c„P Fite„ n;nP ua� Route to Addressee(s) (List in routing order) Office Initials Date 1. apiprovriat e. Initial) Applicable) Agenda Date Item was 2. Agenda Item Number lob Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. Type of Document Developer Agreement Number of Original 4. Attached I I Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners l� 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Nominally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Nick Casalanguida Phone Number 417 -6064 Contact apiprovriat e. Initial) Applicable) Agenda Date Item was 02 -13 -07 Agenda Item Number lob Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Developer Agreement Number of Original 1 Attached I I Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not apiprovriat e. Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from , contracts, agreements, etc. that have been fully executed by all parties except the BCC l� Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. L� 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 02 -13 -07 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 I rn, 4"4" " DEVELOPER AGREEMENT MYSTIQUE THIS DEVELOPER AGRVMENT (hereinafter referred to as the "Agreement ") is made and entered into this o7 O of f'P.�wi y 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 storm water 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 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 8 01 MEW 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. Notwithstanding anything to the contrary, County shall have the right, in its sole discretion, to elect not to acquire the Pond Site, by giving Developer written notice of such election no later than December 14, 2007. 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. These Road Impact Fee credits may be assigned at any time to any another development within the same or an adjacent impact fee district provided that all parties to this assignment of impact fee credits comply with all then - current rules and procedures of the Collier County Impact Fee Administration section, and execute all then - current County approved assignment forms. 5. Developer hereby grants County an option to purchase up to an additional three acres adjacent to the Pond Parcel. This additional acreage contains the footprint for approximately 40 dwelling units. The purchase price for exercising the full 3 acre option shall be $2,000,000, or $666,666.67 per acquired acre. Should the County exercise its option to purchase less than 3 acres, the purchase price shall be calculated to equal the acquired land valued at $666,666.67 per acre. If exercised, the County shall use its best efforts to acquire a generally rectangular parcel. This option to purchase shall be exercised by County giving Developer written notice of such election no later than December 14, 2007. In no event may this option reduce the Development to less than 160 dwelling units. Should County exercise this option, the conveyance of this additional acreage to County shall be conducted in the same manner as set forth in Paragraph 2 above, except that payment for this additional acreage shall be in cash, and not in impact fee credits. 6. 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 Page 3 of 8 to 2 1r 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. 7. 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. County or FDOT shall supply Developer with all necessary drainage pipes, fencing, and ancillary structures, which Developer, at its sole cost and expense, will install in the drainage easement during the earlier of the construction of the Development or within a commercially reasonable time following written demand by County or FDOT to meet the Davis Blvd. Expansion Project needs. The parties shall cooperate so that this provision can coincide with the Developer's site work. If for whatever reason Developer is not able to commence this work following such written demand, then County or FDOT, at their sole cost and expense, shall do the installation. 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 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. 8. 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. 9. 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. 10. The County will use its best efforts to obtain all required permits for the storm water pond to be located on the Pond Parcel to be excavated to a depth of at least 20 feet. In any event, on written notice by County or FDOT, Developer at no charge to County or FDOT will construct the storm water pond, in accordance with all plans and specifications provided to Developer. This provision is intended to coincide with the Developer's site work. As full compensation for this construction, Developer will be entitled to keep the excavated material, and will be allowed to utilize the excavated material within the Development. Developer will be responsible for removing and properly disposing of any excess, unsuitable or otherwise unwanted material excavated from the storm water pond. If for whatever reason Developer is not able to construct the storm water pond following such written demand, then County or FDOT, at their sole cost and expense, shall do the construction, and will keep the excavated material. Page 4 of 8 m 11. For a period of one year, commencing with the date first above written, sufficient development trips have been approved and reserved through the normal development review process. During this one year period, Developer may permanently reserve roadway capacity for up to 206 residential units. To exercise this right, Developer shall prepay to County one -half (1/2) of the County's estimated Road Impact Fees for the Development. Upon payment of these fees, Developer shall receive a Certificate of Adequate Public Facilities ( "Certificate ") vesting the Developer's Project to construct up to 206 residential units solely for the purposes of meeting the County's Transportation Concurrency requirements, and unless specifically required by law, the County shall not thereafter withhold the issuance of any Certificate of Occupancy based on the County Transportation Concurrency requirements. 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 for such units. Payment of these fees vests the Development entitlements for which the Certificate applies on a continuous basis for three (3) years unless otherwise relinquished. This initial 50 percent impact fee payment is non- refundable after payment and receipt of the Certificate. 12. Not later than 90 days prior to the expiration of the three -year period for the Certificate, the County shall notify Developer via registered mail of the remaining balance due for the estimated transportation impact fees up to 50 percent (50 %), based on level of building permits already issued. The balance of the impact fees due will be calculated at the rate schedule then currently applicable. The Developer may elect to pay the balance of the estimated transportation impact fees for the entitlements for which the Certificate applies or modify the Certificate to a lesser entitlement and calculate the balance of the transportation impact fees on the revised entitlements. The Certificate shall be modified to include only the entitlements for which the estimated transportation impact fees are paid. Once the balance of the estimated transportation impact fees are paid, those estimated fees are non - refundable. The Certificate runs 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, the Developer 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 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. 13. 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 �1 Page 5 of 8 W-1 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. 14. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 15. 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. 16. 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. 17. 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. 18. 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.I.C.P. Transportation Division Administrator Phone: (239) 774 -8872 Facsimile: (239) 774 -9370 Waterways Joint Venture VII: Attn: Richard Davenport 15122 Summit Place Circle 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. 19. 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 �l Page 6 of 8 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. 20. 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. 21. 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. 22. 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. 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. BJ�OCK, Clerk Attas�'' .- eputy Clerk erk sf�r►�t4,1 Ott'',' AS TO DEVELOPER: Signed, sealed and delivered in the presence of: Printed Name hgie Gonr (eo- Printed Name COLLIER • UNTY, FLORIDA ,��(7 �i C PIT I Waterways Joint Venture VII By: Waterways at Hibiscus, Ltd. Partner and by Waterways Develop ent, In . as sole General Partner By: Richard havenport, as President of Waterways Development, Inc. Page 7 of 8 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 20TI4 day of !'(, 2007, by Richard Davenport, as President of Waterways Development, Inc., as General Partner df Waterways at Hibiscus, Ltd., which is a Partner of Waterways Joint Venture VII, who is personally known to me or has produced as identification. Approved as to form A. County Attorney Notary Pull fl is ( v Print Name: cSTA C F q LU F T My Commission Expires: Io -- ....r. o• "; o �•�� STACEY M. LOFTY �rF` ue . ;.�' *1 Notary Public - State of Florwa . - y Commission Expires Jun 28, 2040 • .M Commission p 00 569297 ^" Bonded By Nationat Notary Aaso. 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 8 of 8 P� TRIAD PUD N W F. S x a_ CEDAR his HAMMOCK PUD rw x CEDAR HAMMOCK PUD SADDLEBROOK EAST VILLAGE GATEWAY PUD _ _ _ , PUD _ �_ Jl DAVIS BOULEVARD (SR 84) _ PROJECT ®® (� SITE 1�11 I I I I I I I I fr7rrnM I I I' � pz u WESTPORT COMMERCE CENTER PUD .jonuary tuvi 7 i:Zd AM 117.UO.03 Mystique t_ngfneernq \9010' Generof Consultorion \5001170003XA.dwg EXHIBIT A SKETCH & DESCRIPTION THIS IS NOT A SURVEY NORTH QUARTER CORNER, SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST S00'07'06 "W 146.59' ii O h v rn rn 0 0 0 0 :n N89'34'06 "E 652.88'(P) 653 00'(M) DAVIS BOULEVARD (SR 84) 6 O 0 ED N a. m 0 n 0 N w 1D o h C) 0 z N 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: THE WEST ONE HALF (W4) OF THE WEST ONE HALF (W4) OF THE NORTHEAST ONE QUARTER (NEB) OF SAID SECTION 3. LYING SOUTH OF THE SOUTHERLY RIGHT -OF -WAY LINE OF DAVIS BOULEVARD - STATE ROAD 84; LESS THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHWEST CORNER OF 1HE NORTHEAST ONE DUARTER (NE4) OF SAID SECTION 3; 1HENCE NOC'07'06 "E. ALONG THE WEST LINE OF SAID FRACTION 707.03 FEET; ?HENCE LEAVING SAID FRACTION LINE N89'34'06 "E. 652.88 FEET; TO A POINT ON -HE EAST LINE OF SAID FRACTION, THENCE S00'17'56 "W. 704.31 FEET; TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE QUARTER (NEa) OF SAID SECTION 3, THENCE S89-9'38"W. 650.69 FEET; ALONG SAID LINE TO THE POINT OF BEGINNING. CURVE RADIUS IFNGTH CHORD BEARING GELTA C1 3224.04' 666.92 665.73 582'10'25 W 11'51'08" NOTE: LEGAL DESCRIPTION AS SHOWN WAS TAKFN FROM A 8CI. NDARY SURVEY PREPARED BY CAROL E. NELSON, P.A. DWG. #3T50R26 DAT =D 10 -09 -06 januory J1, 2007 4.25 P/ Ny er � „e GPnero! C�nsuifation \500 1 1 10003X4- 'c}erg EXHIBIT A -1 POINT OF BEGINNINGS LESS AND EXCEPT PARCEL ' LESS AND EXCEPT\ 3: CENTER OF SECTION 3, ` PARCEL TOWNSHIP 50 SOUTH, \ \ :, o \ \ r. RANGE 26 EAST o o \ N \\ 589'19'38 "W F,50.69 N 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: THE WEST ONE HALF (W4) OF THE WEST ONE HALF (W4) OF THE NORTHEAST ONE QUARTER (NEB) OF SAID SECTION 3. LYING SOUTH OF THE SOUTHERLY RIGHT -OF -WAY LINE OF DAVIS BOULEVARD - STATE ROAD 84; LESS THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHWEST CORNER OF 1HE NORTHEAST ONE DUARTER (NE4) OF SAID SECTION 3; 1HENCE NOC'07'06 "E. ALONG THE WEST LINE OF SAID FRACTION 707.03 FEET; ?HENCE LEAVING SAID FRACTION LINE N89'34'06 "E. 652.88 FEET; TO A POINT ON -HE EAST LINE OF SAID FRACTION, THENCE S00'17'56 "W. 704.31 FEET; TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE QUARTER (NEa) OF SAID SECTION 3, THENCE S89-9'38"W. 650.69 FEET; ALONG SAID LINE TO THE POINT OF BEGINNING. CURVE RADIUS IFNGTH CHORD BEARING GELTA C1 3224.04' 666.92 665.73 582'10'25 W 11'51'08" NOTE: LEGAL DESCRIPTION AS SHOWN WAS TAKFN FROM A 8CI. NDARY SURVEY PREPARED BY CAROL E. NELSON, P.A. DWG. #3T50R26 DAT =D 10 -09 -06 januory J1, 2007 4.25 P/ Ny er � „e GPnero! C�nsuifation \500 1 1 10003X4- 'c}erg EXHIBIT A -1 m c p m > > p m� � O O � PARCH i !I L+ I T _ 1 I i j �o TT I � ° .J I y0 O I nt r 61 6 mo / E '. v C7 v O P -DAVIS BOULEVARD (SR 84) L 3r .6 Lp v m� m Z ~ 1j i11.1 oPV>i� > z> >?m na 0 v L of Do g �¢o7 II o$ p I N 2- <���� s�lm Z Z Is I III C7 v O P -DAVIS BOULEVARD (SR 84) L 3r .6 Lp v m� m Z ~ 1j i11.1 oPV>i� > z> >?m na 0 v L DAVIS BOULEVARD (SR 84) 50' ROW PARCEL i i r--1 u 1 1 rl h Jonuory J. 2:07 9 44 AM 9nns\ ng.nI If 7 — r,: N W E 5 v I��0 11111/ —',u—(,Q \JVull1000..5A(.dw9 EXHIBIT C 1 1 POINT OF BEGINN SKETCH & DESCRIPTION THIS IS NOT A SURVEY -A DAVIS BOULEVARD (SR $4) J N 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 N0907'06 "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 B4) DAVIS BOULEVARD, THENCE ALONG SAID RIGHT -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 FEET, THROUGH A CENTRAL ANGLE OF 11'51'08" BEING SUBTENDED BY A CHORD WHICH BEARS N82' 10'25 "E. FOR 665.73 FEET; THENCE LEAVING SAID RIGHT -OF -WAY LINE SOD'17'56 "W. 50.04 FEET; THENCE ALONG THE ARC OF A CIRCULAR CURVE TO THE I. FFT, BEING CONCAVE TO THE SOUTH 667.01 FEET, HAVING A RADIUS OF 3174.04 FEET, THROUGH A CENTRAL ANGLE OF 12'02'23" AND BEING SUBTENDED BY A CHORD WHICH BEARS 582'02'41 "W. FOR 565.78 FEET; TO THE POINT OF BEGINNING. A PARCEL OF LAND CONTAINING 0.77 ACRES MORE OR LESS POINT OF COMMENCMENT NOTE: CENTER OF SECTION 3, LEGAL DESCRIPTION WAS TOWNSHIP 50 SOUTH, PREPARED FROM A BOUNDARY SURVEY PREPARED BY; RANGE 26 EAST CAROL F. NELSON, Q.A. UWG. #3160826 DATED 10 -09 -06 I i LINE D S ". CURVE RADIUS I LENGTH CHORD BEARING ! DELTA 50.04' S00'17'�6 "W Cl 3224.04 666.92' 665.73 N82' 10'25 "E 1 1'51 b8" I C2 3174.04 667.01' j 665.78 S82'02'41"W ' 12'0272.3" POINT OF COMMENCMENT NOTE: CENTER OF SECTION 3, LEGAL DESCRIPTION WAS TOWNSHIP 50 SOUTH, PREPARED FROM A BOUNDARY SURVEY PREPARED BY; RANGE 26 EAST CAROL F. NELSON, Q.A. UWG. #3160826 DATED 10 -09 -06 I i LINE D S ". SEARING 11 51.53' NOC'07'06 "E L2 50.04' S00'17'�6 "W Jan-ary 3, 20G% <,28 PM q:A9L'07 \070'1 %.GG.�13 %4yr, -q „e r:n.7ln?Ering`,000I Gen�n11 Cor „,,!taiion \500777C003XC -1 dwg EXHOff C -1 PF40JEC1 NAME: PARCEL NO(S): PARENT TRACT FOLIC NO, WARRANTY DEED TtVS WARRANTY DEED '19;ido iris lay (11 20 — . 0y, ;hereinafter ,efevej io as whose post otfce tx)x is 7ADDRFSSI to COLDER COUNTY,a 01 ""o State c,l Flor Ja its SQCt'_OF';: 'Iff, 8 '0 ;,'issigns, whcse Ircst oftco ad4jiass is :ici ramiatinj Tr,3it ta5t, Nap�e$, 3411.2 (hereinafler reftsrfed "o as (Wherever used herein the terms -Grantor and -Grantee- Irrjudq all the parties to this instrument and their respective heirs, kVal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ton Dollars ($10.00) and other valuable consideration, receipt whereof is hereby aCkn0wMd90d, N"bY grants, bafgailn, 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 easernents, restrictions, and reservations of record. This Is NOT the Homestead property of the Grantor. TOGETHER with ad the tenements, hereditarnents and appurtenances thereto belior" or In anywise apperWnk4 TO HAVE AND TO HOLD the same in fee simple forever. AND the Cifanto, hef�hy cx)vw-arts with said Grantee that the 'Grantor is awlilly satzixt of said !and in foo simpte. that tho Granter lias r;codrtgtjj .arid lawful auttlon"y to sell and convoy said !and, trix, the Grantor Mereby fulty warraws the tine to saict 'anfj and will tie" the same Against tt-* awfui claims of all patsons and V'uw said Land ir, froo of alk�nc-urnbfanr_es exropt 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) (Prird Full Name) (GRANTOR NAAAE] 108 `� 100 '1 ., DEVELOPER CONTRIBUTION AGREEMENT ROAD IMPACT FEE CREDIT LEDGER Mystique Impact fee ledger Beginning Balance— $3,000,000. DATE PERMIT 0 CREDIT AMT BALANCE COMMENTS Beginning Balance $3.000.000.00 � 1 s � _ s f ` i L-I 3 W g 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 storm water 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 z1131orl _Ik.m t lo-B (M) 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 8 2113109 -I-wm lo, 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. Notwithstanding anything to the contrary, County shall have the right, in its sole discretion, to elect not to acquire the Pond Site, by giving Developer written notice of such election no later than December 14, 2007. 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 §1.04.04.13 (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. These Road Impact Fee credits may be assigned at any time to any another development within the same or an adjacent impact fee district provided that all parties to this assignment of impact fee credits comply with all then - current rules and procedures of the Collier County Impact Fee Administration section, and execute all then - current County approved assignment forms. 5. Developer hereby grants County an option to purchase up to an additional three acres adjacent to the Pond Parcel. This additional acreage contains the footprint for approximately 40 dwelling units. The purchase price for exercising the full 3 acre option shall be $2,000,000, or $666,666.67 per acquired acre. Should the County exercise its option to purchase less than 3 acres, the purchase price shall be calculated to equal the acquired land valued at $666,666.67 per acre. If exercised, the County shall use its best efforts to acquire a generally rectangular parcel. This option to purchase shall be exercised by County giving Developer written notice of such election no later than December 14, 2007. In no event may this option reduce the Development to less than 1.4w 160 dwelling units. Should County exercise this option, the conveyance of this additional acreage to County shall be conducted in the same manner as set forth in Paragraph 2 above, except that payment for this additional acreage shall be in cash, and not in impact fee credits. 6. 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 Page 3 of 8 ZIND9 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. 7. 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. County or FDOT shall supply Developer with all necessary drainage pipes, fencing, and ancillary structures, which Developer, at its sole cost and expense, will install in the drainage easement during the earlier of the construction of the Development or within a commercially reasonable time following written demand by County or MOT to meet the Davis Blvd. Expansion Project needs. The parties shall cooperate so that this provision can coincide with the Developer's site work. If for whatever reason Developer is not able to commence this work following such written demand, then County or FDOT, at their sole cost and expense, shall do the installation. 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 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. 8. 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. 9. 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. 10. The County will use its best efforts to obtain all required permits for the storm water pond to be located on the Pond Parcel to be excavated to a depth of at least 20 feet. In any event, on written notice by County or FDOT, Developer at no charge to County or MOT will construct the storm water pond, in accordance with all plans and specifications provided to Developer. This provision is intended to coincide with the Developer's site work. As full compensation for this construction, Developer will be entitled to keep the excavated material, and will be allowed to utilize the excavated material within the Development. Developer will be responsible for removing and properly disposing of any excess, unsuitable or otherwise unwanted material excavated from the storm water pond. If for whatever reason Developer is not able to construct the storm water pond following such written demand, then County or FDOT, at their sole cost and expense, shall do the construction, and will keep the excavated material. Page 4 of 8 43169 10 B!" Irn l� (M) ]I. For a period of one year, commencing with the date first above written, sufficient development trips have been approved and reserved through the normal development review process. During this one year period, Developer may permanently reserve roadway capacity for up to 206 residential units. To exercise this right, Developer shall prepay to County one -half (1/2) of the County's estimated Road Impact Fees for the Development. Upon payment of these fees, Developer shall receive a Certificate of Adequate Public Facilities ("Certificate ") vesting the Developer's Project to construct up to 206 residential units solely for the purposes of meeting the County's Transportation Concurrency requirements, and unless specifically required by law, the County shall not thereafter withhold the issuance of any Certificate of Occupancy based on the County Transportation Concurrency requirements. 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 for such units. Payment of these fees vests the Development entitlements for which the Certificate applies on a continuous basis for three (3) years unless otherwise relinquished. This initial 50 percent impact fee payment is non- refundable after payment and receipt of the Certificate. 12. Not later than 90 days prior to the expiration of the three -year period for the Certificate, the County shall notify Developer via registered mail of the remaining balance due for the estimated transportation impact fees up to 50 percent (50 %), based on level of building permits already issued. The balance of the impact fees due will be calculated at the rate schedule then currently applicable. Tile Developer may elect to pay the balance of the estimated transportation impact fees for the entitlements for which the Certificate applies or modify the Certificate to a lesser entitlement and calculate the balance of the transportation impact fees on the revised entitlements. The Certificate shall be modified to include only the entitlements for which the estimated transportation impact fees are paid. Once the balance of the estimated transportation impact fees are paid, those estimated fees are non- refundable. The Certificate runs 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, the Developer 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 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. 13. 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 Page 5 of 8 10 � Z113bq s� (oB (cR) 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. 20. 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. 21. 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. 22. 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. 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 AS TO DEVELOPER: Signed, sealed and delivered in the presence of- Printed Name Printed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, Chairman %Waterways Joint V,/enture / V +� q r 10q,-rh e,- By; wa��YNa J �a ✓�� r,cr/ ,�� c. S f t��Q �en.��'. e7Richard DavenportPer Page 7 of 8 z1No9 Tivr\ 103 10 &`q � tm) 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. 20. 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. 21. 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. 22. 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. 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 , Deputy Clerk AS TO DEVELOPER: Signed, sealed and delivered in the presence of: Printed Name Printed Name JAMES COLETTA, Chairman Waterways Joint Venture V) I Richard Davenport, Partner Page 7 of 8 1('R s�,�B (cR) 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. Notary Public Print Name: My Commission Expires: Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Managing Assistant County Attorney 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 8 of 8 loc DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF MARCH 17, 20080 10G DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF MARCH 179 20080 10I DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF MARCH 17, 20080 10i DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF MARCH 17, 2008. 5 kv, 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 Dear Representative Richter, The Honorable Garrett Richter State Representative, District 76 Florida House of Representatives 3301 East Tamiami Trail, Suite 203 Naples FL 34112 February 13, 2007 Firstly, as chairman of the Board of County Commissioners, I would like to extend my sincere congratulations to you for your election to the Florida House of Representatives. As a member of the Collier County Legislative Delegation, you are to be applauded for wasting no time and already heeding the concerns of your constituents by sponsoring House Bill 389, which addresses immediately a need regarding property tax bills. I agree that the revisions to the TRIM notice in House Bill 389, which you have sponsored for the upcoming 2007 Legislative Session, are excellent ideas and support your proposed legislation. In my understanding, you have recommended to include: the millage rate last year; the millage rate this year if the proposed budget change is made; and the millage rate if no budget change is made. This user - friendly notice will provide our citizens with more comprehensive information that factors into the determinations of property tax calculations. However, for taxpayers' additional benefit, I would like you to consider adding language regarding the Constitutional Officers as well in your legislation. The Florida Association of Counties (FAC) has strongly endorsed this position and the following statement is included in its 2007 Legislative Program: Truth in Millage reform: SUPPORT revising Truth in Millage process to allow the expenditures of constitutional officers to be individually stated. Provide better information during the TRIM process on functional expenditures. A consensus of the County Commissioners statewide approved this FAC policy statement and because it was deemed of such importance, it was ranked among its "Priorities Program." Again, you deserve accolades for such customer - driven legislation. I would like you to know if there is anything I can do back in Collier County while you are working hard in Tallahassee, please don't hesitate to ask. We do serve the same customers and call the same place home. I am confident the interests of the countywide community will continue to be well served by you. r)U IU Ul 1_VUI1Ly 1.01111111SSIORUIS JC /dlw C: Board of County Commissioners County Attorney David Weigel County Manager Jim Mudd Senator Burt Saunders Representative Mike Davis Representative David Rivera Representative Denise Grimsley Representative Trudi Williams Senator Larcenia J. Bullard Debbie Wight, Assistant to the County Manager Nancy Rosiak, Executive Aide to Commissioner Coletta Sue Filson, Executive Manager, BCC Office K Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Dear Senator Pruitt, 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3602 The Honorable Ken Pruitt Senate President Florida Senate Suite 409, The Capitol 404 South Monroe Street Tallahassee, F132399 -1100 February 13, 2007 As chairman of the Board of County Commissioners, I would like to express my disappointment at the offensive comments made by one of your members, Senator Michael Bennett, that were directed overall at the Collier County Commission and pointedly at Commissioner Fred Coyle who has been our champion for responsible growth management for the past two years. The Naples Daily News published the following quote by Sen. Bennett in its January 30, 2007 online edition in an article about impact fees: "It appears to me that you all elected a group of aristocrats down there that don't think the working man should own a house, " Bennett said when contacted by phone Friday. "When you have idiots like Coyle down there you're not getting good representation, and you're welcome to print that. " Interestingly, the same article and comments were not published in the print edition until February 1, 2007. In all due respect, those comments in my opinion are not befitting a Senator of the Florida Legislature. When legislation is proposed that threatens the principles and lifestyle of a community and its constituents, it is the duty of its elected officials to speak up against that which jeopardizes their way of life. For example, Sen. Bennett's proposed Senate Bill 576 critically affects our existing impact fee program and we have exercised our democratic right to voice our opposition to that bill. We have done so professionally and reasonably. We have reported the facts of the negative ramifications of the legislation. We have not resorted to personal attacks and insulting personal remarks. I was shocked to hear of the article entitled "Senator, Collier commissioners wage impact fee war of words" in the January 30 online newspaper. To my dismay, the print edition on February 1 was headlined "Bennett calls Coyle `idiot' over impact fees." There is absolutely no excuse for the name calling and unprofessional antics that Sen. Bennett has exhibited. This behavior is unacceptable and I am requesting a public apology to the Collier Board of County Commissioners and more directly, to Commissioner Coyle. Personally, I was surprised to read such remarks as on January 29 — the day before they first appeared publicly online — I actually sat beside Sen. Bennett at the Southwest Florida Transportation Initiative (SWFTI) Pre - Session Legislative Event held in Lee County. Sen. Bennett was very cordial, personable and certainly didn't treat me as if I were an "aristocrat." At that event, he encouraged those in attendance to call Gov. Charlie Crist's office to encourage Stan Cam's appointment as Transportation Secretary. According to Sen. Bennett, 25 percent of the funds that put Gov. Crist in office "came from Tampa south." I would ask that you encourage Sen. Bennett to visit Collier County and get the other side of the story rather than continuing to take side swipes at Collier County, a county trying progressively to tackle growth - related infrastructure needs and approach growth management responsibly while encountering continuous resource challenges. There is a reason Collier County is a great place to live, work and play. It's because we, the elected officials and county staff are resolute in preserving the natural resources, maintaining the quality of life, and providing the best public services, facilities and programs that insure public safety, health and welfare of our citizens. That's what the citizens of Collier County elected us to do on their behalf. And we do it 24/7. Regarding this Board assuming custodianship of responsible growth management, the bottom line is that 85 percent of the voters in Collier County in November 2006 decided they want roads to be in place before development proceeds. Perhaps a like statewide referendum would generate the insights needed to guide Florida into the future. When the results of our referendum were read to County Commissioners from across the state at a recent Florida Association of Counties (FAC) Conference, the silence was telling. Representative Mike Davis then complimented Collier County at that same FAC Conference for the unique and innovative initiatives Collier County was pursuing in growth management. The Board of County Commissioners supports responsible growth management. I am confident residents in many counties would echo our referendum results. Chairman, Collier County Board of County Commissioners JC /dlw C: Board of County Commissioners Governor Charlie Crist County Attorney David Weigel County Manager Jim Mudd Senator Burt Saunders Representative Mike Davis Representative Garrett Richter Representative David Rivera Representative Denise Grimsley Representative Trudi Williams Senator Larcenia J. Bullard Debbie Wight, Assistant to the County Manager Nancy Rosiak, Executive Aide to Commissioner Coletta Sue Filson, Executive Manager, BCC Office 15 Marine Industries Association of Collier County 89510th Street South Suite #302F Naples, FL., 34102 239 -261 -0882 February 13, 2007 Motion Request to the Board of County Commissioners This request is being made to protect the rights of all boaters in Collier County when using their boats on Naples Bay. I move that the Board of County Commissioners direct the County Attorney to investigate the potential under the Counties concurrent jurisdiction to regulate Naples Bay; to adopt 30 mph speed zones throughout the Naples Bay where they are presently in force; and to apply for a waterway marker permit from the Florida Fish and Wildlife Conservation Commission marking such speed limits throughout Naples Bay. The request is based upon a recent decision handed down by an Administrative Law Judge, which ruled that the county has concurrent jurisdiction over this body of water. The county attorney has the complete Administrative Judges Decision. Thank You Frank Donohue Philip Osborne Marine Industries Association of Collier County JOHN G . VEGA, P.A. 201 8T" STREET SOUTH, SUITE 207 NAPLES, Ft 34102 (239) 659 -3251 (239) 659 -5427 FAx VEGAOFFICE@EARTHLINK.NET November 29, 2006 Michael W. Pettit Chief Assistant County Attorney Administration Building, 8th Floor Naples, Florida 34112 Re: Hussey Mining Proposal Dear Mike: 15 sue In reading the paper last week, I noticed the $62 million cost of the Santa Barbara Boulevard widening project and the effect that astronomical increases in road construction costs are having upon the County's transportation budget. It seems to me that a significant component of the price of the bids obtained - and the relative lack of bidders - is uncertainty about the cost and availability of rock. I have also enclosed a copy of a letter sent to the Husseys regarding an interest to acquire lands that they own adjacent to the HHH Ranch in Section 31. Apparently, the Real Estate Services Division of the County is interested in acquiring that land, potentially as a site for an expansion of the landfill. At our recent caucus, it became clear to me that although the Rural Fringe Amendments required the County to construct an extension to Wilson Boulevard that would ultimately tie into 951, at this point the only funds that have been allocated are to study the matter and that there is no funding for right -of -way acquisition. It also seemed as if the County had an interest in obtaining well field rights for fresh water. A conclusion that occurs is that it may make more sense for Collier County to own and mine this property than for the Husseys to do so. In addition to the benefits listed above, it may make sense for appropriate areas to be sold to Conservation Collier, other lands could be set aside for passive recreation, and the lakes created as a result of the mining activities could be used for some water retention - potentially alleviating the flooding problems that the Estates have been experiencing. While the cost of such a transaction would be substantial, it does appear as if it could be borne by several different entities and, different departments within the County itself and the County could pay for the purchase out of rock Collier County would wind up benefiting in multiple ways. :r = c-1 In reading the paper last week, I noticed the $62 million cost of the Santa Barbara Boulevard widening project and the effect that astronomical increases in road construction costs are having upon the County's transportation budget. It seems to me that a significant component of the price of the bids obtained - and the relative lack of bidders - is uncertainty about the cost and availability of rock. I have also enclosed a copy of a letter sent to the Husseys regarding an interest to acquire lands that they own adjacent to the HHH Ranch in Section 31. Apparently, the Real Estate Services Division of the County is interested in acquiring that land, potentially as a site for an expansion of the landfill. At our recent caucus, it became clear to me that although the Rural Fringe Amendments required the County to construct an extension to Wilson Boulevard that would ultimately tie into 951, at this point the only funds that have been allocated are to study the matter and that there is no funding for right -of -way acquisition. It also seemed as if the County had an interest in obtaining well field rights for fresh water. A conclusion that occurs is that it may make more sense for Collier County to own and mine this property than for the Husseys to do so. In addition to the benefits listed above, it may make sense for appropriate areas to be sold to Conservation Collier, other lands could be set aside for passive recreation, and the lakes created as a result of the mining activities could be used for some water retention - potentially alleviating the flooding problems that the Estates have been experiencing. While the cost of such a transaction would be substantial, it does appear as if it could be borne by several different entities and, different departments within the County itself and the County could pay for the purchase out of rock Collier County would wind up benefiting in multiple ways. 15 _ ?7%. Our current settlement proposal involves allowing the Husseys to sell the TDRs and realize the income from the mining activities. Depending upon the amount of TDRs sold, the Husseys may retain ownership subject to the limitations of the conservation easements or, if they chose to, transfer title to an appropriate entity. An appropriate sales price would need to be roughly equivalent to these values. I have been advised that the present value of the mining income on the land is between $90,000,000 and $120,000,000. This would be the amount that would be pursued in a Bert Harris action. As increases in the price of rock have out - stripped inflation by a significant margin, I suspect that the latter number is more accurate than the former. If that is the case, the savings to the County's Transportation Department alone and income from mining activities would more than offset an appropriate sales price. I have enclosed copies of core results which show the depth and type of hard rock at various locations on the property. I have also enclosed a copy of the Husseys' contract with Winchester Lakes. This contract would need to be assumed as part of any sale. I invite the County's own engineers to review the drilling results and verify if the estimates that I have received on the value of the mining income is accurate. I recognize that budgets are set well in advance and, even if they weren't, it would be difficult for the County to pay for a transaction of this size in any given fiscal year. I have spoken with the Husseys, and they have indicated to me that, if we can agree on an appropriate sales price, that they would accept a 10% down - payment at the time of closing and the balance, amortized with reasonable interest, over a 5 year period. I am communicating the foregoing as a settlement proposal which would end the putative dispute between the Husseys and Collier County regarding the effect of the RFA on this land. In the event that you believe this proposal has merit, please do not hesitate to contact me with your thoughts. v t� Jo G. Vega J Jin cc: Ted Tripp 16A1 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF MARCH 17, 2008. Retn: 3996720 OR: 4206 PG: 3460 RBC FEE 44.00 CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS Of COLLIER COUNTY, FL COPIES 5.00 INTEROFFICE 4TH FLOOR 04/03/2007 at 10:43AM DWIGHT B. BROCK, CLERK BIT 7240 Zj i This space for recor ea A �M' ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM \ AGREEMENT V This Advanced Broadband Infrastructure Investment Program Agreement ( "Agreement') is entered into this '2-7%7 day of 2007, by and between Collier County, a political subdivision of the State of Florida, thr gh its Board of County Commissioners ( "County "), and A44 h9y,, 4X , TjJC. ( "Employer "), collectively stated as the "Parties." All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Advanced Broadband Infrastructure Investment Program Ordinance, Ordinance No. 2003 -59. RECITALS: WHEREAS, on May 28, 2004, the Employer submitted an application to be considered for the Collier County Advanced Broadband Infrastructure Investment Program, as referenced in Ordinance 2003 -59, hereafter referred to as "Program," f or a business or project involving expansion and upgrade of the communication infrastructure for the Goodlette Road North facility and was approved by the Collier County Board of County Commissioners ( "Board ") on June 22, 2004. A copy of this application is on file in the Operations Support Department; and WHEREAS, at such time, Ordinance No. 2003 -59 was in full force and effect; and WHEREAS, on November 1, 2005, the Board enacted Collier County Ordinance No. 2005 -56, which amended Ordinance No. 2003 -59 in its entirety; and WHEREAS, the County Manager or his designee, having reviewed the application and, based on the representations therein, found that it complied with the requirements outlined and set forth in Ordinance No. 2003 -59, which was in full force and effect at the time of the application, and hereby recommends approval. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree as follows: 1. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. The legal description of the business or project is attached as Exhibit "A ", and is incorporated by reference herein. Page 1 of 4 OR; 4206 PG; 3461 16A3 3. This Agreement will commence upon its execution by the County, and will terminate with the final Program payment to Employer. Employer must be fully compliant with its initial Program eligibility throughout the term of this Agreement. 4. The total value of payments to be approved under this Agreement will be the cost of the approved business project's system installation or upgrade, up to a maximum of $25,000.00. The funds will be paid in equal installments over a three -year time period, at the beginning of each fiscal year, beginning in the fiscal year after the infrastructure improvements have been verified as complete by the County Manager or his designee. This award is subject to funding availability for each fiscal year, which funding is at the sole discretion of the County. Employer understands that the Ordinance will expire and be void on October 1, 2008, unless continued by a vote of the Board prior to this date. 5. Employer will notify the County Manager or his designee, in writing, once the broadband infrastructure installation is complete. The County Manager or his designee will verify project completeness and obtain a copy of all invoices detailing costs related to such project. Employer will pay, or have already paid, its tax bill in full to the Collier County Tax Collector's office annually on or before the date it is finally due. Under this program, applicants are not eligible to pay their taxes on an installment basis. Employer will then submit a copy of their ad valorem tax payment receipt to the County Manager or his designee, verifying all taxes have been paid in full and on time for each year the company is eligible for payment under this program. Upon receipt, and. verification of compliance with the terms of the Ordinance and this Agreement, payment to the applicant will be authorized within 60 days. 6. If the property which is subject to this Agreement is delinquent in the payment of its annual taxes or special assessments at any time within the payment period, then any outstanding balance to be paid will not be made unless and until all outstanding ad valorem property taxes and special assessments are paid in full. 7. An annual review and audit of performance under this Agreement shall be performed by the County Manager or his designee to determine whether there has been good faith compliance with the terms of this Agreement. Employer shall give the County auditor full access to its business records that are associated with continued payment of the broadband infrastructure costs and payment of property taxes and will provide access to its business premises as required. If the County Manager or his designee 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. Employer shall be given 10 business days prior written notice of any review and audit. Page 2 of 4 OR: 4206 PG: 3462 16 A3 In addition to an annual audit, within 10 business days from the County's written request, the Employer will provide the County with all requested documentation required to verify compliance with the terms of the Ordinance or this Agreement. 8. Neither the payment of funds, nor this Agreement, may be transferred, assigned, credited or otherwise conveyed without prior written approval from the County, which approval may be freely withheld. This Agreement will run with the land. 9. In the event the Employer is in default under this Agreement, and the default is not cured within 30 days after written notice is provided to the Employer, the Board may bring a civil action to enforce this Agreement or declare that the grant funds are thence immediately due and payable. The Board is entitled to recover all fees and costs, including attorney's fees and costs, incurred by the County in enforcing this Agreement, plus interest at the then maximum statutory rate for final judgments, calculated on a calendar day basis until paid. By way of example and not as a limitation, this Agreement will be in substantial breach upon the following events: (1) any change in the status of the business or project such that it no longer meets the required Program criteria, (2) failure to fully comply with all reasonable requests during any County audit conducted pursuant to this Agreement; and (3) upon the County Manager or his designee being informed of a material misrepresentation in the Application. 10. The County shall record this Agreement in the Public Records of the County, with all costs of recording being paid by the Employer. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest ,." BOARD OF COUNTY COMMISSIONERS DWIGHT: -V 13RQCK,`Clerk COLLIER COUNTY, FLORIDA, —�/'J Att�44 a5�: By. $4 r18t 41r Deputy Clerk JA C ur6 0a WITNESSES: Hole Montes, I G Print e: John o i, O /Treasurer ame: al4t r. Sapp Page 3 of 4 OR; 4206 PG; 3463 16 A3 I STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me this 60LV"day of 2007, by John R Wolski, as CFO /Treasurer of Hole Montes, Inc. who is nemnnally known to or has pr as proof of identity. Notary Pubic - State 01 ]FWWa MY COOMbSlon Expires AD Nota }'fie, '✓�^'�°- L'�"`e� Signature of Person Taking Acknowledgment e as form and Recommend Appro y A. tz ow Denton Baker, Director ng s istant County Attorney Operations Support Page 4 of 4 * ** OR; 4206 PG. 3464 * ** 16 A3 EXHIBIT "A" Lot 2 of Tamiami Professional Center according to the plat thereof recorded in Plat Book 31 at Pages 71 and 72 of the Public Records of Collier County, Florida. t66 2 MEMORANDUM Date: March 5, 2007 To: Brenda Brilhart, Purchasing Agent Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #07 -4096 "Livingston Road (CR 881) Intersection Improvements at Pine Ridge Road" Contractor: Bonness, Inc. Attached please find three (3) original contractsd, as referenced above, (Agenda Item #16112), approved by the Board of County Commissioners on Tuesday, February 13, 2007. An original has been retained in the Minutes and Records Department and one has been sent to the Finance Department. If you should have any questions, please contact me at 774 -8406. Thank you. Attachments (3) a ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL." TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO '68 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should he hand delivered to the Board Office- The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's sienature. draw a line thrnueh routing liniN d t through #4 C(,M !cty thv —A F .......A — c.— U:,,.,._ — Route to Addressee(s) List in routing order) Office Initials Date i. February 13, 2007 Agenda Item Number 16.13.2 2. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Colleen M. Greene Assistant County Attorney Number of Original 03/02/06 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Brenda Brilhart, Purchasing Agent Phone Number 774 -8446 Agenda Date Item February 13, 2007 Agenda Item Number 16.13.2 was Approved by the Original document has been signed/initialed for legal sufficiency. (All documents to be CMG BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Contract #07 -4096 "Livingston Road (CR Number of Original Five (5) Attached 88 1) Intersection Improvements at Pine Documents Attached Ridge Road" INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ... -. _.. -. Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial ) A licable 1. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's CMG Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the CMG document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip CMG should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on February 13, 2007 and all changes made CMG during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 t,UNTY .ATTORND ITEM NO.: DATE RECEIVED: FILE NO.: Q 7- M f - 0 0 6 C f o 2 l fl . , - 1 P 3 E 6 ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: March 1, 2007 J 7� To: Col %e N Ggreenre. �s Assistant County Attorney From: Brenda Brilhart, Purchasing Agent Re: Contract #07 -4096 "Livingston Road (CR 88 1) Intersection Improvements at Pine Ridge Road" Contractor: Bonness, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on February 13, 2007 Agenda Item: 16.13.2 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. DATE: TO: FROM RE: •i Memorandum March 1, 2007 Wayne Fiyalko, Senior Analyst Risk Management Department Brenda Brilhart, Purchasing Agent Purchasing Department Review of Insurance for: #07 -4096 "Livingston Road (CR 881) Intersection Improvements at Pine Ridge Road" Contractor: Bonness, Inc. This Contract was approved by the BCC on February 13, 2007 Agenda 16.13.2 Please review the Insurance Certificate and Payment and Performance Bonds in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at 239!774 -8446. ZZa le cc: Julio Ordonez, TECM� CHECKLIST FOR REVIEW OF CONTRACTS IfO4,62 GENERAL CONTRACT INFORMATIONGti NAME OF ENTITY: JV 1. Is name of entity accurately reflected on contract? Yes _� No 2. Is entity registered to do business in Florida? Yes --/ No 3. SIGNATURE BLOCKS FOR ENTITY: a. Is executor authorized to sign for entity? Yes �� No i. If corporate records reflects other than executor, what evidence of authority has been provided for executing party? b. Proper title of executor? Yes ✓ No c. Proper number of witnesses or Notary Public? Yes No 4. SIGNATURE BLOCKS FOR COUNTY: a. Chairman's Signature Block b. Clerk's Attestation Signature Block c. County Attorney's Office Signature Block d. Does Commissioner Approve? Yes —Z No 5. INDEMNIFICATION: a. Is indemnification required? Yes ✓ No b. If required, does it meet County standards? Yes No c. If indemnification standards are not met, what is missing? d. Is County indemnifying Other Party? Yes No 6. ATTACHMENTS: Are all required attachments included with Contract? Yes V No INSURANCE REQUIREMENTS: 1. Is Insurance Certificate(s) Attached? Yes _,/ No 2. Is Insured(s) Registered in the State of Florida? Yes _� No 3. Is the Contract number and /or pr " propriately referenced on the Certificate? Yes Insurance Type of Coverage Each Accident Disease Aggregate Disease Each Employee Insurance Type of Coverage General Aggregate Products /Completed Operations Aggregate Personal & Advertising Injury Each Occurrence Fire /Property Damage Workers Compensation Coverage Required Amount ���� 1 i In %1 1' Coverage Amount Provided Commercial General Liability Coverage Required Amount $ �1 Coverage Amount Provided $ , a ROi IE Date of Expiration s'�S /rte (r Date of Expiration S~ S 0? Is County required to be named as an additional insured? Yes _�/ No `r Automotive Liability Insurance Coverage Coverage Type of Coverage Required Amount Amount Provided Bodily Injury and Property Damage $' $ Q ,6B 2 Date of Expiration 15-/JC/b7 Is County Named as an Additional Insured? Yes �� No Professional Liability Insurance Coverage Coverage Date of Tvpe of Coverage Required Amount Amount Provided Expiration Each Occurrence Per Aggregate $ Umbrella Liability Each Occurrence: $ b _ Aggregate: $ Exp: 5 �5 107 Does Umbrella sufficiently cover any underinsured portion of coverage? Yes V No Other Insurance: Insurance Type of Coverage Each Occurrence Coverage Required Amount Coverage Date of Amount Provided Expiration PERFORMANCE BOND 1. Is bond required? Yes ✓ No 2. If required, Expiration Date of Bond: I/ I 3. Do the Dollar Amounts for the Public Performance Payment Bond Match the Contract? Yes No � ^'!5 � 14A * � OT /� 4. Is Agent Registered in the State of Florida? Yes __z No Division of Corporations 6 0 of 3 Florida Profit BONNESS, INC. PRINCIPAL ADDRESS 1990 SEWARD AVE NAPLES FL 34109 US Changed 07/01/2002 MAILING ADDRESS 1990 SEWARD AVE P0 BOX 9140 NAPLES FL 34101 US Changed 04/22/1998 Document Number FEI Number Date Filed F 19249 59205 5219 02/04/1981 State Status Effective Date FL ACTIVE NONE Registered Aizent Name & Address BAILIE, KATHLEEN M 1990 SEWARD AVE NAPLES FL 34109 Name Changed: 01 /18/2006 Address Chanced: 04122/1998 Officer /Director Detail Name & Address Title KOCSES, EILEEN M 5080 8TH AVE. S.W. SD NAPLES FL 34119 BONNESS, JOSEPH D III 6830 SANDALWOOD LN D NAPLES FL 34109 http: / /ccfcorp. dos. state .fl.us /scripts /cordet.exe ?al = DETFIL &nl =F 19249 &n2= NAMFWD &... 3/2/2007 Division of Corporations WAGONER, STEVE D 6236 12TH AVENUE S.W. NAPLES FL 34116 KELLY, MARGARET M 6831 SANDALWOOD LN NAPLES FL 34109 US BAILIE, KATHLEEN M 267 CHANNING CT. NAPLES FL 34110 US HURD, DAVID 2520 SW 45TH STREET CAPE CORAL FL 33914 Annual Reports Report Year Filed Date 2004 04/30/2004 2005 04/30/2005 2006 11 01/18/2006 V TD PDC u Previous Filing Return to List Next Filing No Events No Name History Information Document Images Listed below are the images available for this filing. 01/18/2006 ---ANNUAL REPORT 04/30/2005 -- ANNUAL REPORT 04/30/2004 -- ANNUAL REPORT 01/21/2003___COR - ANN REP_ /UNIFORM BUS 07/01/2002 -- ANNUAL REPORT 04/04/2.0.01 - ANN_REP /UNIFORM BUS REP 05/22/2000_ -- ANN REP /UNIFORM BUS RE_ P_ 05/06/1999 --ANNUAL REPORT 04/22/1998 -- ANNUAL REPORT 05/09/1997 -- ANNUAL REPORT () 1 /75 /1QQF__ 1QQA A\W1TA1 0 RDl1DT f �r`E "2 THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http: / /ccfcorp. dos. state .fl.us /scripts /cordet.exe ?al = DETFIL &nI =F 19249 &n2= NAMFWD &... 3/2/2007 .68 2 Livingston Road (CR 881) Intersection Improvements at Pine Ridge Road COLLIER COUNTY BID NO. 07 -4096 COLLIER COUNTY, FLORIDA Design Professional: Roadway - TECM -- Traffic Signalization - WilsonMiller, Inc. COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 TPA #1953633.11 168 2 TABLE OF CONTENTS A. PUBLIC NOTICE /LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Roadway -TECM Traffic Signalization - WilsonMiller, Inc. and identified as follows: Livingston Road (CR 881) Intersection Improvements at Pine Ridge Road as shown on Plan Sheets 1 through 22. EXHIBIT N: Contractor's List of Key Personnel EXHIBIT O: Stored Materials Records i PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Livingston Road (CR 881) Intersection Improvements at Pine Ridge Road COUNTY BID NO. 07 -4096 Separate sealed bids for the construction of Livingston Road (CR 881) Intersection Improvements at Pine Ridge Road, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 17th day of January 2007, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 11th day of December 2006, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Livingston Road (CR 881) Intersection Improvements at Pine Ridge Road, Bid No. 07 -4096 and Bid Date of January 17, 2007. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC -P -1 through GC -P -12) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, upon payment of $40.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw -Hill Construction Dodge 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the TPA #1953633.11 GC -PN -1 1 required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred and eighty (180) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 27th day of November 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell, C.P.M. Purchasing and General Services Director TPA #1953633.11 GC -PN -2 1.6B 2 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC -P -1 to GC -P -12 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, -- Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the TPA #1953633.11 GC -I B -1 16B 2 location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. TPA #1953633.11 GC -I B -2 166 2 Section S. Sianing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the TPA #1953633.11 GC -I B -3 •i opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. TPA #1953633.11 GC-0-4 Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director, 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. TPA #1953633.11 GC -1 B -5 • Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major TPA #1953633.91 GC -I B -6 ORM subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read -a as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." TPA #1953633.11 GC -I B -7 COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774 -8446 FAX (239) 530 -6697 ADDENDUM DATE: January 16, 2007 M J TO: Interested Bidders FROM renda Brilhart, Purchasing Agent SUBJECT: Addendum #1: Bid # 07 -4096 - "Livingston Road (CR 881) Intersection Improvements at Pine Ridge Road" Addendum # 1 covers the following change for the above - referenced Bid: CLARIFY: The final completion days are one hundred and eighty (180) days for the purpose of having adequate time to order and have delivered the mast arm for the signalization portion of this project. The estimated time to complete the "on site" work is sixty (60) days. The Notice -to- Proceed letter will be issued as soon as a construction contract is in place, some time in the second half of February 2007. The actual work should not take place until after the "tourist season ", meaning after April 16, 2007. If you require additional information please call Julio Ordonez, P.E., Project Manager, TECM at 239/659 -5762 or me at 239/774 -8446 or by e -mail at brendabrilhart@colliergov.net. cc: Julio Ordonez, P.E., Transportation 16.s 2 ORIGINAL CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Livingston Road (CR 881) Intersection Improvements at Pine Ridge Road BID NO. 07-4096 Full Name of Bidder Bonness Inc. Main Business Address 1990 Seward Avenue Place of Business Naples, FL 34109 Telephone No. ( 2391 597 -6221 Fax No. (239)597-7416 State Contractor's License # To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Date Issued Number 1 1/16/2007 Contractor's Initi Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. TPA #1953633.11 GC -P -1 BID SCHEDULE Livingston Road (CR 881) Intersection Improvements at Pine Ridge Road Bid No. 07 -4096 TPA#1953633.11 GC -P -2 LIVINGSTON ROAD (C.R. 881) INTERSECTION IMPROVEMENTS AT PINE RIDGE ROAD (C.R. 896) 16B 2 COLLIER COUNTY PROJECT No. 66065 BID # 07 -4096 SCHEDULE ITEM No. DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT 101 -1 MOBILIZATION LS 1 /q 2IZ p ZI d 102 -1 MAINTENANCE OF TRAFFIC LS 1 / q 6--73-7S 9. -7 . 76 102 -76 ADV. WARN. ARROW PANELS (4 SIGNS, 30 D EA) ED 120 03 Cj s 3 • c0 102 -99 VARIABLE MESSAGE SIGN (4 SIGNS. 30 D EA) ED 120 2O .37- 104 -13 -1 STAKED SILT FENCE LF 650 2• SO 7 ,op 110 -1 -1 STANDARD CLEARING 8 GRUBBING LS 1 2 / �l 120 -1 EXCAVATION CY 485 /y, S3 7,64 7- oT 120 -6 EMBANKMENT CY 606 ,74 C7 -01f 4 121 -4 FLOWABLE FILL CY 50 .31 ?0 285 -7 ASPH. CONC. BASE TYPE 3 (ABC-3,9- THICK) SY 1,154 27 %O , t'8 327 -70 -1 MILLING EXISTING ASPHALT PAVEMENT (1- AVE.) SY 606 /7,9(, 8 23 • /G 331 -2 ASPHALTIC CONCRETE TYPE S (1 " AVERAGE) (RESURFACE 8 OVERBUILD) TN 259 Q / 3S / ZI LIZ' 6x- 331-72-10 ASPHALTIC CONC. TYPE S -111 (1" THICK) SY 1,609 . Cis- 331 -72 -20 ASPHALTIC CONC, TYPE S -1 (2" THICK) SY 1.154 �!`>< /� y.32' 7L, 425 -1 -351 CURB INLET TYPE P -5 EA 1 44 r{ •Si, y Llcj 2, 5L 425 -1 -361 CURB INLET TYPE P -6 EA 1 /y Z S- z. y 2 425.2 VALVE BOX. ADJUST EA 10 • z , zp 425 -11 EXISTING DRAINAGE STRUCTURES, MODIFY EA 4 Z • S'2 -74 5-0 . pp 430- 171 -125 CONCRETE PIPE CULVERT (18-) LF 24 g 5 `7 �� /,r, 719 520 -1 -10 CONCRETE CURB d GUTTER TYPE "F" LF 970 ! 7 141,714 q o 522 -2 CONCRETE SIDEWALK, 6" THICK SY 673 y, 87 3o IC , $l 575 -1 -1 SODDING (BAHIA) SY 1,247 , $o 700 -40-1 SIGN, SINGLE POST EA 2 032 20 (et� �O 700 -46 -14 EXIST. SIGN, REMOVE (MAST ARM) AS 1 2 ZO 2 . Z 2-0 700 -46 -21 EXIST. SIGN, RELOCATE (SINGLE POST) AS 2 i 9 • 31 33?, 17- 706-3 REFLECTIVE PAVEMENT MARKERS EA 82 L , 77 S5 710 -30 REFLECTIVE PAINT (ISLAND NOSE)(YELLOW) SY 6 Z-$ ( IF 711 -3 PAVEMENT MESSAGES, THERMOPLASTIC EA 5 IL41 . It) 7 . 50 711-4 DIRECTIONAL ARROWS. THERMOPLASTIC EA 10 C5-95 If G(,50 711 -7 REMOVE EXISTING PAVEMENT MARKINGS LS 1 s(.c+ 39 5bct. 3°I 711 -37.61 TRAFFIC STRIPE. SOLID. THERMO. (6• WHITE) LF 1,488 I 3 S`f o 8 711 -37 -81 TRAFFIC STRIPE, SOLID. THERMO. (8- WHITE) LF 440 i (,q 714 3 . V 711.37.121 TRAFFIC STRIPE, SOLID. THERMO. (12- WHITE) LF 58 ,51 z (4) , S$ 711.37 -181 TRAFFIC STRIPE. SOLID, THERMO. (18- WHITE) LF 32 711 -37 -241 TRAFFIC STRIPE. SOLID. THERMO (24- WHITE) LF 29 q, o3 117 715 -37 -5 PHOTO ELECT CONTROL ASSEMBLY (RELOC.) EA 1 ZSZ 7-0 Z -L.20 715 -41 -34 LIGHT POLE. ALUMINUM (F81)(45' HIGH. 15' ARM) EA 1 , 31 715 -44 -34 LIGHT POLE. ALUMINUM (RELOCATE) EA 1 3 C{S 7s 3,q5-0- 75 737 -70.1 UTILITY LOCATES. UNDERGROUND (2) EA 20 2,4-j ,33 Zy g, 3 1D50 -11 -424 UTILITY RELOCATIONS EA 2 2-1159 2-. 3-7 { (pc -7"} 1644 -811 FIRE HYDRANT, RELOCATE EA 1 Z fj • 25 �, a Z O� i +- ROADWAY GC -P -2a 1 of 2 LIVINGSTON ROAD (C.R. 881) INTERSECTION IMPROVEMENTS AT PINE RIDGE ROAD (C.R. 896) COLLIER COUNTY PROJECT No 66065 BID # 07 -4096 SCHEDULE, CONTINUED 168 z ITEM No. DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT 630 -1 -12 Conduit (F &I) (Underground) LF 4700 (� - 9 (' I o 632 -6-1 Cable (Signal) (F&I) LF 165.0 1 -} B 9 , S 635 -1 -11 Pull & Junction Boxes (F &I) (Pull Box) EA 6.0 3�,(� g� Z 2_01 f (, 649-411-001 Mast Arm Assembly (F &I I High Loading) (Single Arm w/o Luminaire) (Arm B1) (Pole 01) EA 1.0 3337S 70 37 T''70 650-51 -311 Traffic Signal (F&I) (3 Section. 1 Way) AS 3.0 I Z5 2--'q 's _3q, , 11 653 -191 Pedestrian Signal (F &I) (LED International Symbol. Countdown) (1 Way) AS 2.0 ! O ! S , Gl 653 -192 Pedestrian Signal (F &I) (LED International Symbol, Countdown) (2 Way) AS 1 .0 ( t7 15 . � 0 15 Cl I 659 -107 Signal Head Auxiliaries (F &I) (Alum. Pedestal) EA 3.0 69 2 S 3 ri -i 663 -74 -11 Vehicle Detector Assemblies (F &I) (Optical Type) EA 1.0 $') q 'T-) 665 -11 Pedestrian Detector (F &I) (Pole Mounted) EA 4.0 (I , S 5d Lq5 1. 51 670 -5 -410 Actuated Solid State Controller Assemb. (Modify) AS 1.0 q � 5 g L4 `S" $ 690 -10 Remove Traffic Signal Assembly EA 2.0 , 31 33T, 42- 690 -20 IR emove Pedestrian Signal Assembly EA 2.0 CC, .31 338. 1-2- 699 -1 -1 linternally Illuminated Sign EA 1.0 Wp • 3 to Zog • 31 SIGNAL SUB- TOTAL: � V q / ' O TOTAL BASE BID: Ll 2-1, 2 S7 . 3? GC -P•2a 2 of 2 7.6F MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. MATERIAL MANUFACTURER 1. Asphalt Better Roads, APAC, Ajax 2. Concrete Pipe Hanson 3 PVC Pipe, Fittings Ferguson 4. Boxes Coastal Precast 5. Dated 1/17/2007 Bonness Inc. Bidder TPA #1953633.11 GC -P -3 ]�6B 2 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non - compliant or non - qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to removelreplace any Subcontractor, at no additional cost to Owner, which is found to be non- compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Category of Work Subcontractor and Address Underground Utilities Eli Contracting Elkcam Circle, Marm Tsland 2. Signage, Striping Trutwin Industries 8031 Mainline Pkwy, Fort Myers 3. Electrical EB Simmonds 4406 Exchange Ave, Naples 4. Seed, Sod GCE Services Cape Coral 5. Survey BBLS Railhead Blvd, Naples Dated 1/17/2007 Bonness Inc. TPA #195363111 GC -P -4 16 ?_ STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location Reference 1. Bonita Beach Rd Extension The Ronto Group - Mark Taylor Bonita Springs 649 -6310 2. Livingston Rd Phase IV Collier County Naples Engineering Dept - 774 -8192 3. The Dunes Signature Communities Naples Duncan Farnsworth 566 -2800 4. Collier County Annual Road Collier County Transportation Improvements 774 -8192 5. Palmira Golf & CC The Ronto Group - Mark Taylor Bonita Springs 649 -6310 6. 10th St Roadway Improvements City of Naples - Brad Hefner Naples 213 -7400 Dated 1/17/2007 Bonness Inc. Bidder B TPA #1953633.11 GC -P -5 JAN -17 -2007 10 :15AM FROM- _ „ .-� T -287 P, OQ,1 1001 F-305 /16B 2 Alln-,"Oqal? TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Sid Price are-costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below; Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Descriotion) SY 1. P4iv4 . Job l� 300 3. 4. 5. TOTAL s Failure to complete the above may result in the Bid. being'declacred non- responsive, Dated Bidder OP TPA#1953633,11 GC -P -6 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within one hundred and fifty (150) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of Florida County of Collier Kathleen M. Bailie , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Kathleen M. Bailie , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. TPA #1953633.11 GC -P -7 •i (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida I which operates under the legal name of Bonness Inc. and the full names of its officers are as follows: President Kathleen M. Bailie Secretary, Eileen Kocses Treasurer Margaret Kelly Manager The President is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken February 15, 2000 , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co- Partnership The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The co- partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is DATED 1/17/2007 7PA# 1953633.11 GC -P -8 Bonness Inc. _ legal entity BY: Bonness Inc. Wit s Name of Bidder Witness Si re Title STATE OF Florida COUNTY OF Collier The foregoi g instr ment U 2007 by of L.,- S behalf of the corporation and did (did not) take an oath. My Commission Expires: JEANNE CARNES Notary Public, State of Florida MyCOmm. Expires Aug. 4, 2009 No. DD4a8108 (AFFIX OFFICIAL SEAL) oill acknowledged before me this 1 I dpy of as V, F'. a Flo-ri� corporation, on He /s4e is personally known to me or has produced as identification NAME: TPA #1953633.11 GC -P -9 (Legibly Printed) Notary Public, State of Commission No.: a I08 KNOW ALL MEN BY THESE PRESENTS, that we Bonness Inc. (herein after called the Principal) and Fidelity and Deposit Company of Maryland (herein called the Surety), a corporation chartered and existing under the laws of the State of Maryland with its principal offices in the city of Schaumburg IL and authorized to do business in the State of Florida are held and firmly bound unto the Board of County Commissioners of Collier County FL (hereinafter called the Owner), in the full and just sum of Five Percent of Amount Bid--------- - - - - -- dollars ($ 5% of Amt Bd good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Livingston Road (CR 881) Intersection Improvements at Pine Ridge Road Bid No. 07 -4096 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 5% of Amt Bd noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. TPA #J 953633.11 GC -P -10 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to i be duly signed and sealed this 17th day of January , 2007. Bonness Inc. Principal BY L ., _ /�' (Seal) Fid tit and e Company of Maryland Surety (Seal) Eileen C. Heard, Attorney -in -fact and Countersigned Florida Resident Agent Local Resident Producing Agent for Fidelity and Deposit Company of ;:Maryland TPA#1953633.11 GC -P -11 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the daN t �ereby, nominate, constitute and appoint Richard P. RUSSO, JR., Tanya L. RUSSO, Hi , I F. PRIOLO, Peter A. THOMSON and Eileen C. HEARD, all of Tampa, Flori an Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behal o its ctt M and all bonds and undertakings, and the execution of suc nas ' r e presents, shall be as binding upon said Company, as full and am ur t een duly executed and acknowledged by the Y � regularly elected of n i ore, Md., in their own proper persons. This power of attorney revokes that issued "° , JR. , Tanya L. RUSSO, Hiram P. HAMPTON, II, Peter F. PRIOLO, Peter A. THOMSO �, dated June 3, 2003. The said Assistant�r does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 2nd day of June, A.D. 2006. ATTEST: 'gyp 9i ?ps�l O G State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gerald F. Haley Assistant Secretary 1 '4 By: William J. Mills Vice President On this 2nd day of June, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. :` f�'Itt +Iy�'�fQQ4 POA -F 031 -3055 Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 •i EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice- Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this i day of all- Assistant Secretary i r Ir THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: <*Bid Number; <*Project Name; <*Opening Date. 12. The Bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise Bid cannot be considered.) ALL COURIER - DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Bonness Inc. Bidder Name Sigp6turg Title____7_ DATE: 1/17/2007 TPA #1953633.11 GC -P -12 r CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Bonness, Inc. ( "Contractor") of 1990 Seward Avenue, a Florida corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Livingston Road (CR 881) Intersection Improvements at Pine Ridge Road, Bid No. 07 -4096 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by TECM for Roadway and WilsonMiller, Inc. for Traffic Signals, the Engineer and /or Architect of Record ( "Design Professional ") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount "), in accordance with the terms of this Agreement: four hundred twenty thousand five hundred eighty seven dollars and thirty seven cents ($420,587.37) GC -CA -1 •i Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www .fms.treas.gov /c570 /c570.html #certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within one hundred and fifty (150) calendar days from the Commencement Date (herein "Contract Time "). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. GC -CA -2 i Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand two hundred and eighty eight dollars ($1,28$.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving GC-CA-3 OWE Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by TECM /Roadway & WilsonMiller, Inc./Traffic Signalization and identified as follows: Livingston Road (CR 881) Intersection Improvements at Pine Ridge Road as shown on Plan Sheets 1 through 22. Exhibit N: Contractor's List of Key Personnel Exhibit O: Stored Materials Record GC -CA -4 "I R . I Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Julio Ordonez, P.E. Project Manager TECM 2885 South Horseshoe Drive Naples, Florida 34104 (239) 659 -5761 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: David Hurd, V. P. Bonness, Inc. 1990 Seward Avenue Naples, FL 34109 (239) 597 -6221 FAX: (239) 597 -7416 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC -CA -5 16B 2 Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule GC -CA -6 MON sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. GC -CA -7 •i IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESS 0-RST WITNESS Te aArne. NA-ne -s Type /Print Name A - SECOND WIT SS �m zV j 6-::� - L-,5 z` Type /Print Nam Date: "2k1 6, aun ATTEST: l t fi Dwight- `E'Brock, Clerk BY:, Aft t t3 Apprg i o Form and Legal Sufficiency: Print Name: CSI Ieen /Yl p I �� Assistant County Attorney CONTRACTOR: Bonness, Inc. 1 By: pre . Type /Print Name and Titl OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Ja s Coletta, Chairman GC -CA -8 Item # la- Agenda a d'ibL of Qate GL1� — Date Rec'd >66 Z FRONT PAGE OF PUBLIC PAYMENT BOND THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05, FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2), Florida Statutes BOND NO. 8836289 CONTRACTOR: Bonness Inc. 1990 Seward Ave Naples, FL 34109 239 -597 -6221 SURETY: Fidelity & Deposit Company 1400 American Ln, Tower 1 Schaumburg IL 60196 847 - 605 -6000 AGENT: Lykes Insurance, Inc. Construction Services Division 400 North Tampa Street, Suite 2200 Tampa FL 33602 (813) 223 -3911 OBLIGEE: Board of County Commissioners of Collier County FL 3301 E. Tamiami Trail, Naples FL 34112 239 - 774 -8407 CONTRACT BOND AMOUNT: $421,287.37 CONTRACT DATE: PROJECT: Contract No. 07 -4096 Livingston Road (CR 881) Intersection Improvements at Pine Ridge Road; Livingston Rd & Pine Ridge Rd, Collier County FL (milling paving, concrete, road signage markings, curb & gutter, etc. as stated in contract documents) 16B Z EXHIBIT A PUBLIC PAYMENT BOND Livingston Road (CR 881) Intersection Improvements at Pine Ridge Road Bond No. 8836289 Contract No. 07 -4096 KNOW ALL MEN BY THESE PRESENTS: That Bonness Inc. 1990 Seward Avenue, Naples FL 34109 and Fidelity and Deposit Company of Maryland as Principal, Surety, located at 1400 American Ln Tower 1 Schaumbur IL 60196 as (Business Address) are held and firmly bound to Board of County Commissioners of Collier as Obligee in the sum of F9u Hundred Twen �j Q�}san wo un re -County FL ($ 421, 287.37 - - -3 for the payment whereof we blind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ,'LO day of _E°,lbt _ 2007, with Obligee for Contract 07 -4096, Livingston Road '(CR 881)* in Collier unto FL accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. *Intersection Improvements at Pine Ridge :'Road THE CONDITION OF THIS BOND is that if Principal - Promptly makes payment to all claimants as defined in Section 255.05(9), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN W1TI�LF S WHEREOF, the above parties have executed this instrument this oZ.O day of — 2007, the name of each party being affixed and these presents duly signed by its Under-signed representative, pursuant to authority of its governing body. TPA #1 953633,11 GC- CA -A -1 Signed, sealed and delivered in the presence of. vl� Ed�� Witnesses Principal 0— 16B 2 Bond No. 8836289 PRINCIPAL Bonness Inc. BY: NAME: ' ITS: STATE OF Florida COUNTY OF Collier The foregoin in t u�ent was ac owledged before m this day of 2007, by( -►t� P.rt 1�.� .GGt. �t E as . Rnnj�PSS 'TriC , a Florida corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: JEANNE CARNES ignature of Notary) Notary Public, state Aug. Florida NAME : J eam,e ea*- I, .es My Comm. Expires g 4, 2009 N0. DD 8108 (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of P— Commission No.: 113,Y-621 ATTEST: SURETY: Witnesses to Surety TPA! 1 953633.11 GC-CA-A-2 Fidelity and Deposit Company of Maryland (Printed Name) 1400 American Ln, Tower 1 Schaumburg IL 60196 (Business Address N/A (Authorized Signature) (Printed Name) P 6 B 2 Bond No. 8836289 OR As Attorney in Fact and Flori a Resident (Attach Power of Attorn6y�t Eileen C. Heard Witnesses (Printed Name) Lykes Insurance Inc. 400 N Tama St #2200 Tampa F1 33602 (Business Address) 813 223 -3911 (Telephone Number) STATE OF Florida COUNTY OF Hillsborough The foregoing instrument was acknowledged before me this 19th day of February 2007, by Eileen C. Heard Attorney -in -fact as Of Fidelit and posit Company o ary and Surety, on behalf of Surety_ HeShe is pets ally kno n to meX�i� known as iden ication and who did (dt) take an oath. My Commission Expires: (Si Lure Name: (Legibly Printed) A. 7HOMSON Notary Public, State of Florida (AFFIX OFFICIAL SEAL My comm. exp. Dec. 15, 2007 Notary Public, State of: — Gsrnm: Wda 69 259744 Commission No.: TPA*1953633.11 GC- CA -A -3 1.66 2 EXHIBIT A PUBLIC PERFORMANCE BOND Livingston Road (CR 881) Intersection Improvements at Pine Ridge Road Bond No. 8836289 Contract No. 07 -4096 KNOW ALL MEN BY THESE PRESENTS: That Bonness Inc., 1990 Seward Avenue Naples FL 34109 as Principal, and Fidelity and Deposit Company o Maryland as at 1400 American Ln, Tower 1, Schaumburg IL 60196e�' located (Business Address) are held and firmly bound to Board of County Commissioners of Collier County FL as Obligee i� them of Four Hundred Twenty-one Thousand Two Hundred Eighty -seven an 37/1 0 Do ars ($421,287-37 ---- for the payment whereof we bond ourselves, our heirs, executors personal representatives, successors and assigns, jointly and severally. , Principal has entered into a contract dated as of the 1 2007, with . 07 496 Livingston Road (CR 881) Intersection in accordanc e reference and _ ___a o day of Obligee for Improvements at Pine. with drawings and specifications, which contract is incorporated by made a part hereof, and is referred to herein as the Contract_ THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. TPA #1953633.11 GC- CA -A -4 6 2 Bond No. 8836289 In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN W1TN S WHEREOF, the above parties have executed this instrument this AO day of t,t , 2007, the name of each party being affixed and these presents duly signed Gy its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered Witnesses as to STATE OF Florida COUNTY OF Collier PRINCIPAL Bonness Inc. NAME: A WA 1.0 A.A A. R. ITS: The foregoing instrument was I ged�befoLehis � day of 2007, b (( e*L as of Bonness Inc. a Florida corporation, on behalf of the corporation. He/she is Personally known to me OR has produced as identification and did (did not) take n oath. My Commission Expires: JEANNE CARNES nature) Notary Public, State of Florida MyComm.ExpiresAug.4,2009 Name: JeaA 4t, e- erg.,, -heS No.�oasaloa (Legibly Printed) (AFFIX OFFICIAL SEAL) TPA #1953833.11 GC- CA -A -5 Notary Public, State of: FL- Commission No.: ATTEST: N/A Witnesses as to Surety S Witnesses STATE OF Florida COUNTY OF Hillsborough 16B 2 Bond No. 8836289 SURETY: Fidelity and Deposit Company of Maryland (Printed Name) ' 1400 American Ln, Tower 1 Schaumburg IL 60196 (Business Address) (Authorized Signature) (Printed Narne) OR As Attorney in Fact and Florida Resident Agent (Attach Power of Attorney) Eileen C. Heard (Printed Name) Lykes Insurance, Inc. 400 N Tampa St #2200 Tampa FL 33602 (Business Address) 813 223 -3911 (Telephone Number) The foregoing instrument was acknowledged February , 2007, by Eileen C. Hear � of Fidelity and Deposit Rm 1u.0 a Mai behalf of Surety. kje/She is perso ally kr known as id ntificatio before me this 19th day of �_, as, Attorney -in -fact Surety, on me xxW46x4Vd'd;uced did detrtake an oath. My Commission Expires= 4Noary (Sign N THOMSON ted) Notary Public, State of Florida (AFFIX OFFICIAL SEAL my comm. exp. Dec. 15, 2007 c, State of: Comm, No. DD 259744 Commission No.: TPA#1953633.11 GC- CA -A -6 '•i Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d iii ereby nominate, constitute and appoint Richard P. RUSSO, JR., Tanya L. RUSSO, Hi , I F. PRIOLO, Peter A. THOMSON and Eileen C. HEARD, all of Tampa, Flor' an Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behal its EQ � Aa and all bonds and undertakings, and the execution of such in rj se presents, shall be as binding upon said Company, as fully and am t i"nval. tpur t p1�1�du1 executed and acknowledged b th Y y e regularly elected of ' i ore, Md., in their own proper persons. This power of attorney revokes that issued of>, JR., Tanya L. RUSSO, Hiram P. HAMPTON, Il, Peter F. PRIOLO, Peter A. THOMSO H�t7, dated June 3, 2003. The said Assistants does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 2nd day of June, A.D. 2006. ATTEST: 'rp DEPpsfi 0 0 e State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gerald F. Haley Assistant Secretary By: ✓!, William J. Mills Vice President On this 2nd day of June, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POA -F 031 -3055 :$fir ��t'r ic• : F' ,: Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POA -F 031 -3055 16 2 -- EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and - binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of �. t J Assistant Secretary 16B - EXHIBIT A PUBLIC PAYMENT BOND Livingston Road (CR 881) Intersection Improvements at Pine Ridge Road Bond No. Contract No. 07 -4096 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and . as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. executors, WHEREAS, Principal has entered into a contract dated as of the day of 2007, with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 2007, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. TPA #1953633.11 GC- CA -A -1 Signed, sealed and delivered in the presence of: Witnesses as to Principal BY: NAME: ITS: PRINCIPAL 1 I STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2007, by as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: NAME: (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety TPA #1953633.11 GC- CA -A -2 (Signature of Notary) (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) •' Witnesses STATE OF COUNTY OF As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this 2007, by Surety, on behalf of Surety take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) •i day of , as of He /She is personally known to me OR has produced as identification and who did (did not) Name: TPA #1953633.11 GC- CA -A -3 (Signature) (Legibly Printed) Notary Public, State of: Commission No.: x66 2 EXHIBIT A PUBLIC PERFORMANCE BOND Livingston Road (CR 881) Intersection Improvements at Pine Ridge Road Bond No. Contract No. 07 -4096 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to , as Obligee in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 2007, with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. TPA #1953633.11 GC- CA -A -4 •i -- In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 2007, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2007, by as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: TPA #1953633.11 GC- CA -A -5 ATTEST: Witnesses as to Surety Witnesses STATE OF COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) 168 2 The foregoing instrument was acknowledged before me this day of 2007, by , as of a Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: TPA #1953633.11 GC- CA -A -6 r, 0% .. IFICATE BER: 00123 -01 PRODUCER THIS CERTIFICATE IS'ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 3031 N. Rocky Point Drive, SUlte 700 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Tampa, FL 33607 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attn: Brooke Gracious (813) 207 -5100 COMPANIES AFFORDING COVERAGE COMPANY 101266- ALL -06 -07 A CONTINENTAL CASUALTY COMPANY INSURED COMPANY BONNESS INC. B PENNSYLVANIA MANUFACTURERS ASSOC. INS. 1990 SEWARD AVENUE CO. NAPLES, FL 34109 COMPANY C COMPANY D THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED O THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. :LT O R TYPE OF INSURANCE POLICY NUMBER F.AT LICY EFFECTIVE POLICY EXPIRATION E (MM /DDIYY) DATE (MMIDDNY) LIMITS • GENERAL LIABILITY GL 2057352432 05115/06 05/15107 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP /OP AGG $ 2,000,000 rx I PERSONAL & ACV INJURY $ 750,000 I CLAIMS MADE OCCUR OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 750,000 X FIRE DAMAGE (Any one fire) $ 500,000 MED EXP (Any one person) $ 5,000 • AUTOMOBILE LIABILITY BUA2057353421 11127/06 05/15107 %( COMBINED SINGLE LIMIT $ 1,750.000 ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) $ X SIR: $250,000 PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY` &. f i 4 i ,.• . " EACH ACCIDENT - $ Excess uneiuiY AGGREGATE $ A L 2084700476 05/15106 05115107 EACH OCCURRENCE $ 5,000,000 X UMBRELLA FORM AGGREGATE $ 5,000,000 OTHER THAN UMBRELLA FORM RETAINED LIMIT $ 10,000 B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY 200675- 03- 49 -24 -1 05/15/06 05!15/07 W A U- H X TORY LIM ITS ER EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR! INCL EL DISEASE- POLICY LIMIT $ 1,000,000 PARTNERS /EXECUTIVE OFFICERS ARE: EXCL EL DISEASE -EACH EMPLOYEE $ 1,000,000 A OTHER AUTO PHYSICAL BUA2057350941 05/15106 05/15/07 COMP DEDUCTIBLE DAMAGE COLLISION DEDUCTIBLE 5,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS General Liability limits are on a per project basis subject to a $15,000,000 policy aggregate. YFRT�FiIIAT)'D �y n" a3#' P 9 Sly kt'«I°"f.f »fi # Ay�„�ip 'V° yrS yv S" SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, COLLIER COUNTY BOARD THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL I DAYS WRITTEN NOTICE TO THE OF COUNTY COMMISSIONERS CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 3301 TAMIAMI TRAIL EAST LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE NAPLES, FL 34112 ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: Erica Connick g "� jZ3�� VALID AS OF 02/20/07 x" PRODUCER Marsh COMPANY 3031 N. Rocky Point Drive, Suite 700 Tampa, FL 33607 E Attn: Brooke Gracious (813) 207 -5100 COMPANY F 101266- ALL- -06 -07 INSURED BONNESS INC. COMPANY 1990 SEWARD AVENUE G NAPLES, FL 34109 COMPANY H 16B Z � p y.A, " s� _ a DATE (MM /DDNY) 02/20/07 COMPANIES AFFORDING COVERAGE ..._._ ............... Collier County BOCC is an additional insured for Auto and General Liability with respect to Project #07 -4096, Livingston Rd Intersection Improvements at Pine Ridge Rd. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3301 TAMIAMI TRAIL EAST NAPLES, FL 34112 MARSH USA INC. BY Erica Connick 16B 2 EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self- insured retentions or deductibles under any of the below listed minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self - insured retentions or deductibles will be Contractor's sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of -all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. (5) The Contractor and /or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non - renewal on the part of the insurance carrier or the Contractor. Contractor shall also notify Owner, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor not maintain the insurance coverage's required herein, the caner may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC- CA -B -1 168 2 - coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse wner for such costs within thirty (30) days after demand, Owner has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. 11.3. All insurance coverages of Contractor shall be primary to any insurance or self - insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self- insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 11.6. All insurance policies to be provided by Contractor pursuant to the terms hereof must expressly state that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? ® Yes ❑ No 11) Workers' Compensation and Employers' Liability Insurance shall be maintained by the -)ntractor during the term of this Agreement for all employees engaged in the work under this GC- CA -B -2 166 2 -Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall A be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability X_ $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. (check one) ❑ Applicable ® Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) ❑ Applicable ® Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? ® Yes ❑ No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such average shall be primary to any similar coverage carried by the Owner. GC- CA -B -3 •i IN -0) Coverage shall be included for explosion, collapse or underground property damage claims. �6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) ❑ Applicable ®Not Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) ❑ Applicable ® Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub - subcontractors and Material Suppliers in the Work. Property insurance shall be on an all -risk policy form and, at the Owner's option, shall cover easonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the ail -risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - subcontractors in the Work. GC- CA -B -4 X66 2 .16) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and ,y of their subcontractors, sub- subcontractors, agents and employees, each of the other, and (2) the vesign Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? ® Yes ❑ No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if ,o, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC- CA -B -5 166 2 ,JUNTY OF COLLIER ) STATE OF FLORIDA ) EXHIBIT C RELEASE AND AFFIDAVIT FORM Before me, the undersigned authority, personally appeared — who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor ") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated 2007 for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. CONTRACTOR ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2007, by as of corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: NAME: (AFFIX OFFICIAL SEAL) TPA #1953633.11 GC- CA -C -1 (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: a 166 2 �. EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _% after [insert date] $ = Less Retainage $ Less previous payment (s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION ONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : _ (DP's Name) (Signature) DATE: _ (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) TPA #1953633.11 GC-CA-D-1 166 2 N U U VM M M co M to Q a '- z r y a w W a K LL w f E m aO oL V U � LLI WW U ai J Q r J 0 F a m 0 O d O rzg0 O N °E U tq = c — Q J C W Q c z O W o Nr o 4 � E u y 0 0 E o — ° m O m L z F dr W w o C — L J Q a o a r W = c W W N 3 v m LL d 0Oa 0� Lu U J U V L y p Y dy 3� W W 3 Q m N O Q c > > L d W CZ r c IX IL = n L as L F- U 0 p w �+ c 4) J W O .L U W Q = S V N Q ea a N 41 a7 L 0 O a�a m c c 0 - z v c m O E c F Q N c E - a7 0 L c u CO) o m L a0i W J U . N v Q 4 o" u CD c ° ° O y F al 11 _O u a) Ck ` c O E o w m m o W W m G a1 H a co x O X O a7 W a Z w c � 166 2 N U U VM M M co M to Q a TO: Project Name: Bid No.: Change Order No.: Change Order Description EXHIBIT E CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ............................. ..............................$ Sum of previous Change Orders Amount ......... ..............................$ This Change Order Amount ............................ ............................... $ Revised Agreement Amount ............................ ............................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Accepted by: Design Professional Contractor Date: Date: Approved by: Date: Department Director Approved by: Approved by: Authorized by Division Administrator Purchasing Department Director (For use by Owner: Fund Number: ) Date: Date: Date: Cost Center: Object Code: GC- CA -E -3 Project OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date a . 0 a M40 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. TPA #1953633.11 GC- CA -F -1 •� J _. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate- 1 his certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the W. Contract Documents. Executed by Design Professional on Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on _ By: OWNER Type Name and Title TPA #1953633.11 GC- CA -F -2 2007 2007 2007 Bid No.: _ Contractor: EXHIBIT G FINAL PAYMENT CHECKLIST Project No.: Date: The following items have been secured by the for the Project known as ___ X66 2 2007 and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: — By Design Professional: By Owner: TPA #1953633.11 GC- CA -G -1 (Company Name) (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: TPA #1953633.11 GC- CA -H -1 those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents), 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, M�. the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. TPA #1953633.11 GC- CA -H -2 •i 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 9:00 a.m. to 3 :00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. TPA #1953633.11 GC- CA -H -3 I 6B 2 - 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each subsequent Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit O. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. TPA #1953633.11 GC- CA -H -4 16B 2 4.7 Each Application for Payment shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work -` performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. TPA #1953633.11 GC- CA -H -5 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of TPA #195363111 GC- CA -H -6 Ims FA substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. TPA #1953633.11 GC- CA -H -7 1 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall TPA #1953633.11 GC- CA -H -8 16B 2 faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. TPA #1953633.11 GC- CA -H -9 WNAP 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or TPA #1953633.11 GC- CA -H -10 sub- subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure copies of which are available in the County Attorney's Office or Purchasing Department. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor TPA #1 953633.11 GC- CA -H -11 16B 2 or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party TPA #1953633.11 GC- CA -H -12 r for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be TPA #1953633.11 GC- CA -H -13 1 bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion TPA #1953633.11 GC- CA -H -14 X66 2 of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. if the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written TPA #1953633.11 GC- CA -H -15 notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if TPA #1953633.11 GC- CA -H -16 they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct TPA #1953633.11 GC- CA -H -17 •i - the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. TPA #1953633.11 GC- CA -H -18 � 1 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. TPA #1953633.11 GC- CA -H -19 M0i� 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the TPA #1953633.11 GC- CA -H -20 •i Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design - Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas TPA #1953633.11 GC- CA -H -21 •i identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. TPA #1953633.11 GC- CA -H -22 i66 2. �. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or .damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre- construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, TPA #1953633.11 GC- CA -H -23 the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre- construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and /or Purchasing Departments, and are available on -line at colliergov.net/purchasing. - The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because OwnerAs exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to - vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. TPA #1953633.11 GC- CA -H -24 16B 2 Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement TPA #1953633.11 GC- CA -H -25 n m , mi, requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self - performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. TPA #1953633.11 GC- CA -H -26 •i 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 34.1.2 34.1.3 34.1.4 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 34.1.10 34.1.11 34.1.12 34.1.13 34.1.14 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal /Approval Logs Equipment Purchase /Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost - Estimates TPA #1953633.11 GC- CA -H -27 I 6B 2 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As- Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMTS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. TPA #1953633.11 GC- CA -H -28 •i EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS TPA #1953633.11 GC- CA -1 -1 r I� EXHIBIT J TECHNICAL SPECIFICATIONS TPA #1953633.11 GC- CA -J -1 EXMBIT 3 -1 TECHNICAL SPECIFICATIONS — ROADWAY THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) "STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION" 2007 EDITION, AS AMENDED TO DATE, AND THE FOLLOWING SPECIAL PROVISIONS AMENDING THE STANDARD SPECIFICATIONS, ARE HEREBY ADOPTED AND MADE A PART OF THE CONTRACT DOCUMENTS. IN CASES OF DISCREPANCY, THE GOVERNING ORDER OF THE DOCUMENTS SHALL BE AS FOLLOWS: 1. Advertisement for bids, instructions to bidders, proposal, contract form, payment and performance bond. 2. Construction Plans 3. Technical Specifications 4. FDOT 2006 Design Standards 5. FDOT Standard Specifications for Roadway and Bridge Construction GENERAL NOTE: Many sections within Division I of the FDOT Standard Specifications for Road and Bridge Construction, 2007 Edition, have been deleted by this Exhibit J -1, and in some cases replaced by provisions within Exhibit H. For the Contractor's convenience, the Owner has attempted to identify the provisions(s) in Exhibit H replacing the deleted sections. However, the Contractor is responsible for reviewing all contract documents and the Owner's failure to cross reference a deleted section with its replacement section or sections in Exhibit H shall not relieve the Contractor from complying with the requirements included in Exhibit H. If a section within the FDOT Standard Specifications for Road and Bridge Construction, 2007 Edition, is deleted by this Exhibit J -1 and there is no corresponding replacement provision within Exhibit H, that section is deleted and not applicable to this project. Any references in Division II to sections within Division I which have been deleted and replaced by provisions in Exhibit H shall be treated as references to the applicable sections within Exhibit H. J -1 -1 LIST OF REVISIONS TO THE FDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, 2007 EDITION DIVISIONI ..................................................................................................... ............................... 3 GENERAL REQUIREMENTS AND COVENANTS ................................................ ............................... 3 SECTION 1 - DEFINITIONS AND TERMS ............................................................ ............................... 3 SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS ...................... ............................... 4 SECTION 3 - AWARD AND EXECUTION OF CONTRACTS .............................. ............................... 4 SECTION4 - SCOPE OF WORK ............................................................................. ............................... 4 SECTION5 - CONTROL OF THE WORK .............................................................. ............................... 4 SECTION 7 -LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC ....................... 5 SECTION 8 - PROSECUTION AND PROGRESS ................................................... ............................... 7 SECTION 9 - MEASUREMENT AND PAYMENT ............................................... ............................... 10 DIVISIONII ................................................................................................... ............................... I 1 CONSTRUCTIONDETAILS .................................................................................... ............................... 11 SECTION 100 - CONSTRUCTION EQUIPMENT - GENERAL REQUIREMENTS ......................... 11 SECTION 110 - CLEARING AND GRUBBING ................................................... ............................... I 1 SECTION 120 - EXCAVATION AND EMBANKMENT ...................................... ..............................1 I SECTION 125 - EXCAVATIONS FOR STRUCTURES AND PIPE ..................... ............................... 12 SECTION 331 - TYPE S ASPHALT CONCRETE ................................................ ............................... 12 SECTION 430 - PIPE CULVERTS AND STORM SEWERS ................................ ............................... 13 SECTION575 - SODDING ..................................................................................... ............................... 13 SECTION700 - HIGHWAY SIGNING .................................................................. ............................... 14 J -1 -2 SPECIAL PROVISIONS DIVISION I GENERAL REQUIREMENTS AND COVENANTS SECTION 1— DEFINITIONS AND TERMS ARTICLE 1 -3 Advertisement - Delete the definition of this term in its entirety and substitute the following in lieu thereof. "Advertisement. An official Notice to Contractors stating the time and place for submission of sealed proposals on designated projects or proposed work. This notice contains a description of the proposed work, instructions to the bidder regarding proposal forms, proposal guaranty, plans, specifications, and the reservation of the right of the County to reject any or all bids." ARTICLE 1 -3 Change Order - Change the first line and part of the second line of this definition to read as follows: "Change Order. A written order issued by the Engineer to the Contractor covering minor changes in the plans..." ARTICLE 1 -3 Department - delete the definition of this term in its entirety and substitute the following: "Collier County Board of County Commissioners ". ARTICLE 1 -3 Engineer - Delete the first four (4) words of the first sentence and substitute the following in lieu thereof: "The Transportation Administrator, Collier County, Florida, or his designee..." ARTICLE 1 -3 Holidays - Delete the definition of this term in its entirety and substitute the following in lieu thereof "Holidays. Days designated by the Board of County Commissioners, Collier County, Florida" ARTICLE 1 -3 Laboratory - Delete the definition of this term in its entirety and substitute the following in lieu thereof. "Laboratory - The official testing laboratories of Collier County or other such laboratories as may be designated by the Engineer." ARTICLE 1 -3 Secretary - Delete the definition of this term in its entirety and substitute the following in lieu thereof "1 -3 Chairman. The Chairman, Board of County Commissioners, Collier County, Florida, acting directly or through either the County Manager or the Transportation Administrator." ARTICLE 1 -3 State - Delete the title and provision of this article in its entirety and substitute the following in lieu thereof "1 -3 County. The Board of County Commissioners, Collier County, Florida, as Owner." J -1 -3 1613 2 SECTION 2 — PROPOSAL REQUIREMENTS AND CONDITIONS ARTICLE 2 -1 THRU 2 -12 Delete Section 2 in its entirety and refer to "Instructions to Bidders ", Parts "B" & "C" of the Agreement. SECTION 3 — AWARD AND EXECUTION OF CONTRACT ARTICLE 3 -1 THRU 3 -9 Delete Section 3 in its entirety and refer to "Instructions to Bidders ", Parts "B" & "C" of the Agreement. SECTION 4 — SCOPE OF WORK ARTICLE 4-1 THRU 4 -6 Delete Section 4 in its entirety and refer to the "Agreement ", Part "D" of the Agreement. SECTION 5 — CONTROL OF THE WORK ARTICLE 5 -1 Delete in its entirety. See Exhibit H. ARTICLE 5 -2 Delete in its entirety. See Section 1.3 in Exhibit H. ARTICLE 5 -3 Delete in its entirety. See Section 1.1 and Section 23 in Exhibit H. ARTICLE 5 -4 Delete in its entirety. See Section 1.2 in Exhibit H. ARTICLE 5 -5 Delete the provision of this article in its entirety and substitute the following in lieu thereof- "The Engineer shall order changes and execute supplemental agreements as he may decide as provided for under the Sections of these specifications. The provisions of this article or elsewhere in this Contract regarding administration by the Owner or action taken pursuant thereto are not intended to and shall not relieve the Contractor of his responsibility for the management of the work either as regards sufficiency or the time of performance." Subarticle 5-7.6 Delete the provisions of this article in their entirety and substitute the following in lieu thereof "The cost of performing construction surveying and layout work as described herein shall be included in the various work items to which it is incidental. No additional payment shall be made for it. Additional construction surveying and layout work necessitated as a result of authorized increases in contract pay quantities shall be included in the affected contract unit prices. No separate payments shall be authorized by the Engineer ". ARTICLE 5 -8 Delete in its entirety. See Section 24 in Exhibit H. ARTICLE 5 -9 Delete in its entirety. See Section 22 & 23 in Exhibit H. ARTICLE 5 -10 Delete in its entirety. See Section 20 in Exhibit H. ARTICLE 5 -11 Delete in its entirety. See Section 20 in Exhibit H. ARTICLE 5 -12 Delete in its entirety. See Section 11 in Exhibit H. ARTICLE 5 -13 Delete in its entirety. See Section 11 in Exhibit K J -1 -4 r SECTION 7 — LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC Subarticle 7 -1.1 The following paragraph is to be added at the end of this sub - article: "The Contractor's attention is directed to the fact that the noise generated by his construction equipment and/or operations must comply with all applicable Federal, State and local environmental regulations. In the event noise sensitive sites are identified during construction, the County may direct that effective and/or additional abatement measures be utilized. The Contractor shall specifically comply with Collier County Ordinance 77 -4 as amended. No additional or separate payment shall be authorized to comply with the required abatement measures contained in this ordinance." Add the following subarticle to Article 7 -2: Subarticle 7 -2.2.1 "7 -2.2.1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES) PERMIT CONDITIONS: Storm Water Pollution Prevention Plan (PPP): The Owner shall be responsible for developing the PPP in accordance with the terms and conditions of the U.S. Environmental Protection Agency's NPDES General Permits for Storm Water discharges associated with Construction Activities. The Contractor, and his subcontractors, shall be responsible for implementing the best management practices and measures identified in the PPP. The Contractor, and any sub - contractor must acknowledge that he understands the terms and conditions of the EPA NPDES General Permit. The Contractor and his _. subcontractors shall make such certification in the attached form entitled "Contractor's Certification Pollution Prevention Plan (J- 1 -6)." Such certification shall be made part of this contract document. ARTICLE 7 -5 Delete the provisions of this article in their entirety and substitute the following in lieu thereof- 117-5 Restoration of Surfaces Opened by Permit. The Owner reserves the right to allow parties other than the Contractor or its subcontractors, upon presentation of a duly authorized and satisfactory Collier County Rights -of- Way Permit, to make openings in the existing highway within the limits of construction. In all such instances, the Contractor will afford parties bearing such permits reasonable opportunity for the proper execution of the work under Permit including the right to store materials and equipment. All parties authorized to perform work within the right -of -way shall make, in an acceptable manner, all necessary repairs due to such openings and such work ordered by the Engineer shall be subject to the conditions specified in Collier County Ordinance No. 82 -9 L" J -1 -5 CONTRACTOR'S CERTIFICATION POLLUTION PREVENTION PLAN Facility Identification Facility Name: Immokalee Road (C. IL 846)/Sanctuary Road Intersection Project No. 66065 Owner: Collier County Board of County Commissioners Facility Location: Naples, Florida City: Naples County: Collier State: Florida Latitude 26°20'00" Longitude: 81°37111" Section: 26 Township: 47S Range: 27E Certification Statement I certify under penalty of law that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharge associated with industrial activity -- from the construction site identified as part of this certification. (The certification must be signed by a responsible corporate officer which means a: 1) president, secretary, treasurer, or vice - president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision - making functions for the corporation or 2) for a partnership or sole proprietorship, by a general partner or the proprietor.) For: (Type name of company) (Principal's Signature) Name: (Print or Type) Title: (Print or Type) Address: Telephone No: J -1 -6 (Date) 44 Subarticle 7 -7.2 Expand this subarticle as follows: "The Contractor's attention is directed to the fact that it will be his responsibility to determine the means of transport of the oversize and/or overweight structural members from the site of casting of fabrication to the project site." ARTICLE 7 -9 Add the following to this article: "The Contractor must obtain written authorization from the Engineer prior to undertaking any work associated with the use of explosives. All such operations shall be performed in compliance with Collier County Ordinance No. 73- 11 and No. 82 -94, as may be amended. Rock excavation shall be attempted without blasting." Subardele 7 -11.1 The following is added to this subarticle: "Damage to Collier County Water -Sewer District pipelines and structures shall be repaired in accordance to the Collier County Utilities Standards and Procedures Ordinance No. 97 -17 and all amendments thereto. All other property damaged shall be restored to a condition similar or equal to that existing before such damage or injury was done by the Contractor, and at his own expense, or he shall make good such damage or injury in an acceptable manner." Subarticle 7 -12.1 Delete this subarticle in its entirety. See Section 13 in Exhibit H. ARTICLE 7 -13 Delete this article in its entirety. See Section 13 in Exhibit H, and Exhibit B "Insurance Requirements ". ARTICLE 7 -14 Delete this article in its entirety. See Section 25 in Exhibit H. ARTICLE 7 -16 Delete this article in its entirety. ARTICLE 7 -17 Delete the provisions of this article in their entirety and substitute the following in lieu thereof "Supplemental Agreements (inclusive of Change Orders) shall be authorized in accordance with purchasing policies adopted by the Owner." SECTION 8 — PROSECUTION AND PROGRESS Subarticle 8-3.1 Delete this subarticle in its entirety. Subarticle 8 -3.2 Delete the provisions of this subarticle in their entirety. See Section 3 in Exhibit H. Subarticle 8 -3.3 In the last line delete thephrase "30 days" and substitute the phrase "90 days" in lieu thereof. Subarticle 8 -3.5 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof "After the award of contract and prior to the issuance of the `Notice to Proceed with Contract Work', a conference will be held to discuss the date for the `Notice to Proceed' and the effective date to be contained therein, to establish procedures for handling shop drawings and other submissions and for processing applications for payment, and to establish a working understanding between the parties as to Contractor's - project management responsibilities. J -1 -7 •i Present at the conference will be the Contractor and his Subcontractors, Utility companies and the Engineer. The time and place of this conference will be set by the Engineer. The Contractor shall be represented at the conference by a person authorized to speak on behalf of the Contractor, together with all of the Contractor's supervisory personnel who will be on the project continually; and shall submit all required plans, sketches, data and other material at that time as specified in the special provisions and standard specifications. The Contractor shall submit the following minimum information to the Engineer for his review and approval on or prior to the date established for the pre - construction conference: a. Name /qualifications of the Contractor's proposed full -time superintendent. b. Name qualifications of the Contractor's representative for implementing and maintaining the Maintenance of Traffic plan during construction. c. Listing/qualifications of the Contractor's proposed subcontractors. d. Project Schedule. e. Maintenance of Traffic plan. f. Quality control plan per section 330 -2 of the standard specifications. g. Type /location of Contractor's proposed field office if part of the Contract. h. Name /qualifications of Contractor's registered land surveyor and/or non - registered Land surveyor. i. Name /qualifications or Contractor's safety officer. Subarticle 8.3.6 Add the following new subarticle to article 8 -3. "8 -3.6 Progress Meetings: The Contractor shall attend regular progress meetings with and between the Owner field representatives and those of the Contractor, subcontractors, utility companies, and other parties having an interest in the Contract. The progress meetings shall be hosted by the Owner and held at locations to be mutually agreed upon by the Owner and the Contractor at two (2) week intervals, unless otherwise required by specific construction conditions. The purpose of such meetings shall include, but not be limited to, discussing all general aspects of the project and specifically addressing problem areas, schedules, progress payments, and other construction related items and issues. The Contractor is further obligated to assign a person to each progress meeting for the express purpose of taking and formally documenting the minutes of the meetings. The Contractor shall submit formal minutes of each progress meeting in typed format to the Engineer for his review and approval no later than seven (7) calendar days after the date on which each meeting was held. The Contractor and the Engineer shall sign the minutes documents prior to distribution to all attendees." Subarticle 8 -4.1.1 Add the following new subarticle to article 8 -4.1. "8 -4.1.1 Holiday and weekend work: If work is authorized by the Engineer on holidays and weekends, the Contractor shall notify the Engineer seventy two (72) hours in advance of the time and date on which the Contractor or any of his subcontractors propose to perform work during such time periods to afford the Engineer ample time to effectively schedule his inspection personnel in accordance with the Contractor's timetable." Subarticle 8 -4.2 Add the following to this subarticle: "Specific requirements pertaining to the sequence of operations for constructing the project and maintaining traffic shall be included in the Contractor's project schedule." Subarticle 8-4.4 Delete the first paragraph in its entirety and substitute the following in lieu thereof. "The Contractor shall schedule his work, dispose of his materials, and operate his equipment in a manner so as to not interfere with or delay the operations of other contractors engaged in work within or adjacent to the limits of construction under this Contract. Also, the Contractor shall, in accordance with the intent and spirit of the plans and specifications, coordinate and join his work to that of other contractors in the proper sequence as may be directed by the Engineer. "Other Contractors" as stated above shall mean the County, utility companies, or other general Contractors authorized by, or having separate agreements, with Collier County or the State of Florida Department of Transportation." J -1 -8 •i Subarticle 8 -6.3 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof- 118-6.3 Permission to Suspend Contractor's Operations: The Contractor is not authorized to suspend or cease construction activities, operations, or maintenance of constructed improvements, nor remove equipment or materials necessary for the uninterrupted continuance of the work, unless such suspensions or cessations of work are approved by the Engineer in writing. When the Prime Contractor's operations encounter or expose any abnormal condition which may indicate the presence of a hazardous waste, toxic waste, or contaminants, such operations shall cease immediately in the vicinity of the abnormal condition and the Engineer shall be notified. The presence of tanks or barrels; discolored earth, metal, wood, ground water, etc.; visible fumes; abnormal odors; excessively hot earth; smoke; or other conditions which appear abnormal may be indicators of hazardous or toxic wastes or contaminants and shall be treated with extraordinary caution. Every effort shall be made by the Contractor to minimize the spread of any contamination into uncontaminated areas. The Contractor will immediately provide for the health and safety of all workers at the job site, as well as making any provisions necessary for the health and safety of the public that may be exposed to any potentially hazardous conditions. Such provisions shall be according to any applicable laws, rules or regulation covering the hazardous conditions and will be in a manner commensurate with the gravity of the conditions. The Contractor will provide access to the area of the potential contamination. Preliminary investigation by the County will determine what course of action will be necessary for the security of the site and what steps are necessary under applicable laws, rules, and regulations for additional assessment and/or remediation work to resolve the contamination issue. The County will, as soon as possible, delineate the area(s) of contamination, any staging or holding area that may be required in conjunction with his work, and, in cooperation with the Contractor and Engineer, develop a work plan that will provide a schedule of the County's operations with projected completion dates for the final resolution of the contamination issue. Upon delineation of the contaminated areas and any staging holding areas associated therewith, the County shall maintain jurisdiction over all activities therein. The Contractor will also be responsible for providing continuous access to these areas for the County and for representatives of any regulatory or enforcement agency having jurisdiction. The aforementioned schedule shall be used by both Contractor and County as a basis for planning the completion of both work efforts. Contract time extensions may be granted by the Engineer to the Contractor according to the provisions of 8- 7.3.2. It will be the responsibility of the Contractor to cooperate with the County to expedite the integration of the County's operations into the construction project. The Contractor will not be expected to engage in routine construction activities such as excavating, grading, or any type of soil manipulation, or in any construction processes that may be required to accommodate a construction feature if the handling of contaminated soil, surface water or ground water is involved in the process. All such routine construction activities will be by the County. Adjustments to quantities or to contract unit prices will be made according to any additions or reductions of work on the part of the Contractor in accordance with Article 9 -3 and Exhibit "H" of the Agreement. Under no circumstances will the Contractor resume operations in the affected area until so directed by the Engineer." Subarticle 8 -10.1 Delete this subarticle in its entirety J -1 -9 16B 2 SECTION 9 — MEASUREMENT AND PAYMENT Subarticle 9.5.1 Delete the third paragraph of this subarticle and substitute thefollowing: The Owner will determine the amount retained in accordance with the following schedule: Percentage of Contract Amount Completed Amount Retained 0% to 50% 10% of value of Contract Amount work completed 50% to 100% 0% of value of work exceeding 50% of Contract Amount Subarticle 9 -5.4 Delete the first paragraph of this subarticle and substitute the following: "When the Engineer has given the Contractor a written Notice of Final Acceptance, and the Contractor has furnished to the County all submittals required by the Contract such as invoices, materials certifications, etc. (excluding Contractor's letter of acceptance of final amount due) and the Engineer has determined that the measurement and computation of pay quantities is correct, the retainage may be reduced to $1,000.00 plus any amount the County elects to deduct for unsatisfied claims for labor or material or for defective work as provided in 9 -5.3." Subarticle 9 -5.5.1 Add the following condition to the second paragraph: 11(7) The Engineer will not authorize partial payments for materials stockpiled until such time as the Contractor furnishes the County evidence of legal title for the materials under consideration, free of liens or - encumbrances of any kind. In addition to the receipt of certified invoices to document the value of materials received, the Engineer may request a properly executed Affidavit or Release of Lien attesting to the purchase of such materials." Subarticle 9 -5.6 Delete the first paragraph in its entirety and substitute the following: "The prime Contractor shall certify that all subcontractors having an interest in the Contract were paid for satisfactory performance of their Contracts and that the retainage is returned to subcontractors within 30 days after satisfactory completion of all the subcontractor's work and materials furnished." Subarticle 9 -6.1 Add a second paragraph that states the following: "Not later than one month after the date of completion of the project, the Contractor shall furnish to the Engineer a certification of construction materials procured for the project by the prime and all subcontractors. This certification shall consist of a summary showing the quantity, unit of measure and kind of material, name of supplier and inclusive dates of purchase and shall include an affidavit, all to be completed on forms which are to be furnished by the Engineer or copies made therefrom." ARTICLE 9 -8 Delete the provisions of the second paragraph in their entirety. Delete the provision of Paragraphs (f), (g) and (h) in their entirety. ARTICLE 9 -9 Delete the provisions of this article in their entirety and substitute the following in lieu thereof- 119-9 Payments (1) As used in this article the terms "dispute" or "pending claim" refer to a dispute or pending claim between the Prime Contractor and the Owner. J -1 -10 (2) The Engineer will petition the Board of County Commissioners to authorize Release of Final Payment within ninety (90) days of receipt by the Engineer of all documents which are required by the Contract from the Contractor with the exception of the Affidavit and Release of all Claims, and the receipt of a consent letter from the Contractor's Surety for release of payment of the retained percentage and final estimate to the Contractor. Should the Contractor, due to his own actions, fail to return the Affidavit and Release of all Claims and the Surety's consent to the Engineer, within sixty (60) days of the above established date, then Final Payment will be made by the Board of County Commissioners within thirty (30) days of receipt by the Engineer of said documents. Final Payment shall not be made as to any amount which is in dispute or the subject of a pending claim; and provided further, that Final Payment shall be so made as to that subject of a pending claim; and provided further, that Final Payment shall be so made as to that portion of a Contract or those amounts which are not in dispute or the subject of a pending claim. Such partial payments, however, shall not constitute any bar, admission or, estoppel, or have any effect as to those payments in dispute or the subject of a pending claim. The Contractor will receive the Final Payment within ninety (90) days of receipt of all documents required by the Contract or within thirty (30) days after receipt of the Affidavit and Release of all Claims and the Surety's consent to the Engineer, if authorization for Release of final Payment is given by the Board of County Commissioners pursuant to Section 8 -11. ARTICLE 9 -11 Add the following article to Section 9. "9 -11 Final Affidavit and Release of all Claims by Contractor. Upon completion of the work and before the Final Payment is made, the Contractor shall execute an Affidavit and Release of All Claims in favor of the Owner in the manner and on the form as contained in the contract documents." ARTICLE 9 -12 Add the following article to Section 9. "Before Final Payment will be approved, the Contractor shall furnish to the Owner a guarantee in the form as found in the contract documents ". DIVISION II CONSTRUCTION DETAILS SECTION 100 — CONSTRUCTION EQUIPMENT — GENERAL REQUIREMENTS Subarticle 100 -2.1 This subarticle is expanded as follows: The Contractor is hereby responsible to provide, operate, and maintain all equipment (motor vehicles, mechanized equipment, and marine operations) in strict conformance with Part 1926: Safety and Health Regulations for Construction of the 29 Code of Federal Regulations (29 CFR) as published by the U.S. Department of Labor, Occupational Safety and Health Administration. SECTION 110 - CLEARING AND GRUBBING Subarticle 110 -2.4 Delete the provisions of this article and substitute the following in lieu thereof: "The Contractor shall remove and dispose of all boulders encountered within the limits of construction and which shall not be incorporated into the embankment, as specified under Section 120." SECTION 120 — EXCAVATION AND EMBANKMENT. J -1 -11 Subarticle 120 -4.2 Add the following new paragraph to this subarticle: "Existing suitable bituminous hot mix and surface treatment pavement materials which are not suitable for Reclaimed Asphalt Pavement may be incorporated into the twelve (12) inch thick subgrade as a stabilizing additive, subject to the provisions of Sections 160 and 914 of the Standard Specifications and approval of the Engineer. Existing pavement materials may also be used in the embankment subject to the provisions of Section 120 of the Standard Specifications." Subarticle 120 -6.2 Add the following new paragraph to this subarticle: "Appropriate embankment materials shall be obtained from off -site areas furnished by the Contractor. As such, it shall be the Contractor's responsibility to secure the necessary laboratory test, rights, permits etc. to ensure compliance with these specifications and local (County) and State laws, rules, ordinances, policies and the like pertaining to borrow pits." Subarticle 120 -8.2.5 Add the following new subarticle. "120- 8.2.5. Placing Inside Standard Minimum Slope: All embankment material obtained from off -site borrow areas to be used for normal embankment construction inside the standard minimum slope (approximately 2 to 1) shall have a limerock bearing ration (LBR) strength of at least thirty-five (35)." SECTION 125 — EXCAVATION FOR STRUCTURES AND PIPE ARTICLE 125 -1 Add the following after the second to last sentence: "This section also includes the satisfactory removal of rock strata or rock boulders as may be encountered within the necessary excavation limits for bridge foundations, box culverts, pipe culverts, storm sewers, side drains, cross drains, and other similar structures indicated in the plans or listed in the first sentence herein, including the replacement of select fill (compacted) in areas of over - excavation." ARTICLE 125 -13 Add the following statement: "The cost of excavating all types of materials (unclassified) including the blasting and removal of rock shall be included in the Contract pay items for structures as contained in the proposal for this project. Subarticle 125 -14.4 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof- "The work of strengthening foundations (as provided in 125 -4.2) shall not be paid for separately, but rather the costs of undertaking such work shall be included in the various Contract items requiring excavation." Subarticle 125 -14.8 Delete this subarticle in its entirety and substitute the following in lieu thereof: "125 -14.8 Pay Items: No separate payment will be made for excavating and backfilling for structures under this Section. All costs incidental thereto, including pipe bedding materials, shall be included in the contract price bid for the structure or items requiring excavation. SECTION 331: TYPE S ASPHALT CONCRETE -- SECTION 331 The entire section from the 2,000 Specifications is herein incorporated. J -1 -12 16B 2 SECTION 430: PIPE CULVERTS AND STORM SEWERS Subarticle 430 -4.4 Add the following: "During the grading operations it may be necessary for heavy construction equipment to travel over an installed pipe. Unless adequate protection is provided, the pipe may be subjected to load concentrations in excess of the design loads. Before heavy construction equipment is permitted to cross over a pipe, a temporary earth fill should be constructed to an elevation at least three feet over the top of the pipe. The fill should be of sufficient width to prevent possible lateral displacement of the pipe." Subarticle 430 -7.1 Applies for all pipes including side drains. Subarticle 430 -13.1 Add the following new paragraph to this subarticle: "Upon completion of the work, and prior to full payment, all new pipe construction and existing pipes and structures that are to remain in use will be inspected by the Engineer to ensure that they are free of all debris and thoroughly cleaned. The cost of such cleaning shall be considered incidental to the various contract items for storm sewer pipes and structures listed in the proposal" SECTION 575 — SODDING ARTICLE 575 -1 Delete the definition of this Article in its entirety and substitute the following in lieu thereof. 11575 -1 Description. The work specified in the contract calls for establishing a stand of grass, within the areas specified, by the furnishing and placing of grass sod, and rolling, fertilizing, watering, and maintaining the sodded area such as to assure a healthy stand of grass free of noxious plant material. Any plant officially listed as being noxious or undesirable by any Federal Agency, any agency of the State of Florida or Collier County Government jurisdiction in which the project is being constructed shall not be used. The Contractor shall furnish to the Engineer, prior to incorporation onto the project, a certification from the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, stating that the sodding materials are free of noxious weeds. Any such noxious plant or plant part found to be delivered in the sod will be removed by the Contractor at his or her expense. ARTICLE 575-2 Delete the definition of this Article in its entirety and substitute the following in lieu thereof Article 575 -2 Materials. All turf supplied shall be "Nursery Grown" or "Field Grown" for the purposes of sodding and shall be a "Premium Grade Sod" as specified below. The sod shall be cut, delivered and/or laid in accordance with the following specifications or the most current and accepted Horticultural Industry's Standards and Practices whichever is more restrictive. All sod shall be delivered to the site and be accompanied with a delivery ticket listing quantity, origin, date and time the sod was cut and loaded. Sod shall be delivered at the specified site within a twenty -four (24) hour period after field cutting and shall be laid within a forty-eight (48) hour period after field cutting. Sod being transported for a time period greater than on (1) hour shall be covered during transport. The Contractor acknowledges that acceptance of any sod at any time of a Grade other than the Premium Grade specified in this Contract shall not establish a lessor standard or relieve the Contractor from providing the Premium Grade sod as specified for the duration of the Contract period. Premium Sod is defined as meeting the following specifications: J -1 -13 169 2 Soil Suitability: The sod must be grown in soil compatible to that in which it will be installed. Sand grown sod is turf grown on 90% natural sand. Muck grown sod is turf grown on soil containing 50% or greater amounts of organic materials by volume. Healthy and Weed Free: Each sod pad shall be insect and disease free, vigorous and have healthy green color in appearance. The sod shall be freshly mowed prior to cutting, and shall be in a healthy condition when laid. The top growth (grass blades or foliage), shall have no more than ten percent (10 %) chlorosis within the top growth and contain no thatch or dead vegetation layer within each pad. Sod shall be 100% free of noxious weeds and 99% free of undesirable broad leaf weeds and grasses, but in no case shall the weeds exceed two percent (2 %) of the total sod pad. Pad Size: The individual sod pads shall be cut to industry standard widths and lengths with a deviation no greater than +/- five percent (5 %). Broken or uneven ended pads will not be accepted. Pad Thickness: The thickness of the cut sod shall be to the industry's standard, but in no case shall the thickness of the soil be less than one inch (1") in depth for St. Augustine and Bahia grasses. Strength of Pad: Standard size pads shall be mature, well rooted and contain a soil layer thick enough to provide a strength that will support the pad's weight and maintain it's size and shape when the pad is suspended vertically by hand on the upper ten percent (10 %) of the pad section without tearing apart. Moisture Content: The sod soil shall contain enough moisture so that the soil is not excessively dry or wet. In no case will the sod be accepted if the soil layer becomes hardened, loose so as not to hold it's shape, and/or hydrophobic in nature. The materials used in this work shall conform with the requirements of Division III. Specific references are as follows: (1) Sod ....................... ............................... Section 981 (2) Fertilizer ................ . ............................... Section 982 (3) Water ..................... ............................... Section 983 The use of dolomitic limestone will be required only when so shown in the plans or specifications. The type of fertilizer to be used and the rate of application shall be as shown in the plans or specifications. When no specific type is called for, Type I Fertilizer shall be used. SECTION 700 — HIGHWAY SIGNING ARTICLE 700 -11 The following new article is added. 11700 -11 Existing Signs. The Contractor is advised that all existing ground mounted and overhead signs within the project limits shall remain the ownership of the County. All such signs shall be utilized by the Contractor for maintenance of traffic purposes throughout the period of the Contract, and shall be removed and relocated to new locations within the project limits as deemed necessary and directed by the Engineer. The cost of work specified in this article shall be included in the Contract. At the completion of the contract or at such times as may be specified by the Engineer during execution of the contract, when individual signs are determined by the Engineer as no longer serving a useful function, the Contractor shall remove, clean, protect from damage, and stockpile such signs at selected locations within the project limits. The Engineer will deduct sufficient monies from the partial monthly estimates to cover the costs of signs which are indiscriminately damaged or destroyed by the Contractor's operations." J -1 -14 16B 2 EXHIBIT K PERMITS TPA #1953633.11 GC- CA -K -1 7.68 2 EXHIBIT L STANDARD DETAILS TPA #195363111 GC- CA -L -1 r • �r EXHIBIT M PLANS AND SPECIFICATIONS TPA #1953633.11 GC- CA -M -1 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT TPA #1953633.11 GC- CA -N -1 0 d cr O V W O� in LY R al I z n - --------------------- 0 W u N ui C la C G[1 0 d ova c t . a d 09 G1 r C IL— •a 0 L- m 'd a W o• a v 0 .O E �z 0 CL •L V 0 I Q U U M co (D M Q IL H b 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order Office Initials Contact Date 1. Agenda Date Item was 2/13/07 Agenda Item Number Approved by the BCC 2. Type of Document Local Governmental Agreement Number of Original 3. Documents Attached 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Courts Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Margaret Bishop Phone Number Contact Agenda Date Item was 2/13/07 Agenda Item Number Approved by the BCC Type of Document Local Governmental Agreement Number of Original Attached Documents Attached TNCTi21Tf 9rTn%TQ p- !'nrr -ve.v* v�— (239) 213 -5857 16B3 2 --y .., —b rurmsi ungmal Documents Routing Slip WWS Original 9.03.04 0 ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600000608 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY THIS AGREEMENT is entered into as of the the South Florida Water Management 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 good 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. 2. 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 Hundred 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 ,Page 1 of 5 zb�3 k4" contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved 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 AGREEMENT expenditures to date within the maximum not -to- exceed AGREEMENT funding limitation. q )d 5. The COUNTY shall cost share in the total amount of 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 be 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 work 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), agent(s) and/or successor(s) as required by the Exhibit "A ", Statement of Work. Both parties' rights 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 COUNTY, 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. The COUNTY represents that it is self - 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 employment during performance of under this AGREEMENT. In the event that the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY shall include a provision whereby the COUNTY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. 10. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship 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. 4600000608 ,Page 2 of 5 assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT 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 establishing 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 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 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 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 (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 Agreement No. 4600000608 ,Page 3 of 5 i6Li 3 B. 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 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 West Palm Beach, FL 33416 -4680 Collier County Attn: Margaret Bishop, Project Manager Telephone No. (239) 213 -5857 Address: 2885 South Horseshoe Drive Naples, 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 writing 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 law 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 shall 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 through 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 parties with respect to the subject matter of this AGREEMENT. 26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: Agreement No. 4600000608 ,Page 4 of 5 iE 83 1 (a) Terms and Conditions outlined in preceding paragraphs 1 — 24 (b) Exhibit "A" Statement of Work (c) all other exhibits, attachments and documents specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT SFWMD PROCUREMENT APPROVED By: Date: ATTEST: DWIGHT E. BROCK Clerk B y: � ,.. ReRpty,.gIer Frank Hayden, Director of Procurement COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, COLLIER CO TY, F ORI A. i fi By: � n James Coletta, Chairman Approved at to form Fd I gal sufficiency: By: QIAA Tom P Inver, As distant County Attorney Agreement No. 4600000608 ,Page 5 of 5 I L'' Ui Cl,.fk 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 right(s) -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 high 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 is $-66(3-,606. —The County is now requesting the amount of $250,000 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 owners adjacent to the work sites many residents have been educated with facts on the exotic vegetation infestation problem within Collier County. The project is based upon matching funds that will come from the County's FY 2007 Budget. Page 1 of 4, Agreement 4600000608 16 E13 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 ➢ Prepare Staging Areas in designated work sites ➢ 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 ('t>LLIER COUNTY D)ARU OF COUNTY C'C>RI MSIONERS PROJECT Ne.51801 2007 ,�JTSTRA.LLXN PINE RE11j0N _U PROJECT L(_)C ATION hi-�P .. GRP£N EL'JD 1 4714PL sw GOME14 ^ANAL � N '57H YL SW 4 yti - IM4 AVE SW' N 177h AYE sw 4 � � 177Ff .AVL SW � �) ti $ � 17YN➢L sw ..__......� Y smAu sw q FAhlt! CANAL H x y G1 aR S+y �` n W V E 51 t81''A idtN Ft 3 41'�,' H is $ r rph it ._._- ......_r _ 1 qfvTHVtsw rd ;� , :.APEA1�`l` yYtip z 1 SUNSHINE {rc. ' CANAL nor }i AVE 4 19 - -- 41 y y LLA'PRXPAL.. w. S h n. } 22NA AVP SW gti ° +... _... c 22HDvL 5W � r v r �..� ...� 2aND AL Sw t n^ 7.;R0 Ft 5W h. � � ;. —__�.� 03RD A:2 ,a 23po4:75W' sw AREAS r 5 rllfy AREA2 i SUNRISE j E , BARBARA 00 CANAL } . - rsw 7W ' CANAL & t�,�e ���rHLrsw IBIS CANAL 1' bO r, x ad7N AVE SW \ s' rrg., :._... .- .,............_.�4 M1 t ZOMoLSW rr AF EA d AREAS I TROP ANA SUNFLOWER 14�� �T816t10t P CANAL i a7:xcrsw CANAL PTH xlN y 2G'HPtSW I N 3 ,. 3 i w 3orxvt sw Y- rA Legend L i 7ROGICAI(A Nl ti m 3 y x rJ �34SrAYESW 7 BmATRJFA .ifSTGtSw � PARCELS �. x ,f,...._.., FiARCE3aND AYE SW I FA 1 tHGATECAMAt C....._...—- _..............� Er.2007AR7ARZ07 AREA 4 GT 30D7AR COLLIER COUNTYBOARD OF COUNTY COMMISSIONERS t, TRANSPORTATION SERVICES DIVISION STORMWATER MANAGEMENT DEPARTMENT s 2885 SOUTH HORSESHOE DRIVE NAPLM EiORMA 34104 (M 774$142 0 1,000 2.000 PROJECT MgWER. M6EQA2LLQ12HQP GATE LX)VEM13ER,2007 I Fat Page 3 of 4, Agreement 4600000608 EXHIBIT `B" PAYMENT AND DELIVERABLES SCHEDULE Task Deliverables BCB CosC Shcare 1 Mobilization 2 Prepare Staging Areas 3 Tree Removal 4 Herbicide Application 5 Demobilization -Final Acceptance Total BCB Share 5250,000 Due Date 01/07 02/07 03/07 04/07 05/07 A lump sum of $250,000 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 funding, notwithstanding other provisions in this AGREEMENT to the contrary. Page 4 of 4, Agreement 4600000608 A q L C a a O w w H w O H Uj z O U z cnw w c� d H O H d a H H w w x H 0 A 9w W d d w A l" w (U U v pOp�, N G.i cl cn a.) 0 y .2 o v � O � A OA U � 0 b � U � O w O '^ C', q U a o. tn a� �dv to (U Fi H N VI a tu .� �w 0 4- '3 0 u v >, o a. ctj o o U y � � wv c U ° C INCd -a U O 'O M flT N a v�o w w °"3 L 00 0 0 0 0 0 0 v a on d w 0 a� aq a • MEMORANDUM Date: March 22, 2007 To: Margaret A. Bishop, Sr. Project Manager Transportation /Stormwater Mgmt. From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: SFWMD Grant Agreement Enclosed please find two (2) original signature pages of the document, as referenced above, which was approved by the Board of County Commissioners on Tuesday, February 13, 2007. Please forward to the appropriate parties for signatures and return a fully executed original to the Minutes and Records Department. If you should have any questions, please call me at 774 -8411. Thank you. Enclosures (2) 16B3 ITEM NO.: - v J DATE RECEIVED: FILE NO.: ROUTED TO: REQUEST FOR LEGAL SERVICES DATE: March 15, 2007 a u TO: Office of the County Attorney, Attention: Tom Palmer i FROM: f% )4argaret A. Bishop, P.E., Senior Project Manager RE: Revised signature page for SFWMD local Government Agreement ' Approved at the February 13, 2007 Board Meeting BACKGROUND OF REQUEST: The SFWMD local governmental Agreement No. 4600000608 was approved at the February 13, 2007 BCC meeting. The contract was sent to SFWMD for final signature. They have requested a new signature page. This item HAS / HAS NO been previously submitted under RLS # (CI HAS ATTACHMENTS: 1. ES February 13, 2007 BCC meeting 2. Copy of Approved Local Government Agreement 3. Two (2) copies of signature page ACTION REQUESTED: Please sign two copies COMMENTS: Please notify me if you have any questions at 213 -5857. Thank you. EXECUTIVE SUMMARY 1693 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. OBJECTIVE: To receive approval of a South Florida Water Management District ( SFWMD) Local Governmental Grant Agreement No. 4600000608 in the amount of $250,000 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 C1P 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 16 ,03 C i ,1JiNAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600000608 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY THIS AGREEMENT is entered into as of the by and between the South Florida Water Management District (DISTRICT) and Collier County (COUNTY). 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 good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: I. 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. 2. 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. 3. The total DISTRICT contribution shall not exceed the amount of Two Hundred 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 ,Page 1 of 5 r contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved 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 AGREEMENT expenditures to date within the maximum not-to-exceed AGREEMENT funding limitation. � J-2 SUt J 00. oc3 5. The COUNTY shall cost share in the total amount of$9� 59;H99,gp 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 apart 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 tluough 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 be 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). 8. Both the DISTRICT and the COUNTY shall have joint ownership rights to all work 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), agent(s) and/or successor(s) as required by the Exhibit "A", Statement of Work. Both parties' rights 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 tlus 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. 9. The COUNTY, 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. The COUNTY represents that it is self - 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 employment during performance of under this AGREEMENT. In the event that the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY shall include a provision whereby the COUNTY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. 10. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship 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. 4600000608 ,Page 2 of 5 1693 assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT 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. I5. The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 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 front 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 examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal al Disoutes: 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 financiallnon- 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) 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 Agreement No. 4600000608 ,Page 3 of 5 B. Englim ination 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 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 Collier County Attn: Max Guerra, Project Manager Attn: Margaret Bishop, Project Manager Telephone No. (239) 597 -1505 ext. 7612 Telephone No. (239) 213 -5857 Attn: Rupert Giroux, Contract Specialist Telephone No. (561) 682 -2532 Address: 2885 South Horseshoe Drive Address: Naples, FL 34104 P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416 -4680 19. COUNTY recognizes that any representations, statements or negotiations made by DISTRICT stair do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, thew 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 law 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 Wiling 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 shall 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 through 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 parties with reWm to the subject matter of this AGREEMENT, 26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: Agreement No. 4600000608 ,Page 4 of 5 163 (a) Terms and Conditions outlined in preceding paragraphs I — 24 (b) Exhibit "A" Statement of Work (c) all other exhibits, attachments and documents specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: SFWMD PROCUREMENTAPPROVEU By.l�r`�\l1�` Date: _ ATTE$ 4 DWIGHT E'. BROC,K Clerk By: pew T t Frank Havden, Director of Procurement COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, COLLIER COt TY, F RI A. By: n "O7 .Tames Coletta, Chairman Approved at to form � legal sufficiency: By: )1(*_ Tom P Imer, As Istant County Attorney Agreement No. 4600000608 ,Page 5 of 5 Mill 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 right(s) -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 high 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. W-4 ,15-06,0 06.0 0 The total estimated cost of the project isi+,809;890- The County is now requesting the amount of $250,000 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 owners adjacent to the work sites many residents have been educated with facts on the exotic vegetation infestation problem within Collier County. The project is based upon matching funds that will come from the County's FY 2007 Budget. Page 1 of 4, Agreement 4600000608 LM 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 ➢ Prepare Staging Areas in designated work sites ➢ 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 16p3 COLLIER COUNTY BOARD OF COUNTY C(A\MIISSIONERS PROJECTNe.51501 2007 AITSTR LL�N PINE REMOVAL PROJECT L OC ATION DLkP aefxeam toInK 3tY 4 ' 1 OEfN:AN.LL p }} � � �� "� IrtnA2 d1Y } kk kzh A1S CW Ittn AVf S1V !}}td IIMASW M .:IYNK Nf w.. u }� Y� . w rptLdYESN y " (ApfRG1Gt 1 �2 a C} 1 ' 'arm lrqpL I < gyp`•" • SUNSHINE C, �� ��.��JJ 07 00 Yy-e{ YY QQ ii bbyy e Y y$ { -f ]'eroKSw ,i C :.E-,� ttem0.�r ` aaee erY g� S IJROH K (� >i 91R � AREA? 'A AREAS �� 1 SUNRISE �.. SANTA L AAN�� NA' tbd »cry .CANAI..J 1815 CANA -. 9 rI } AREAd jTROPP.ANA� ]i'N Crw AREA5 V /d� CANAL R e ?d'6 ! CANAL 4Y� 0 � �i '• Ev p CQ '''�'3'` 5161A„ESIY 3 1 B T S b: Q t 5. x 31St PLSM "C9 �d K J1 wRCFS. wunrr X a Q lMe Aaf SW: N GATFCWY L- � � �ARBN] �GC.CII '± '�i�d01MH9 woxrn COLLIER COUDTTYBOARD OF COUNTY COMMISSIONERS r' TRANSPORTATION SERVICES DIVISION STORM WATER MANAGEMENT DEPARTMENT N5SOOTRHOFSESHOEMM RARJS, PL0R=34104(2A>'M8197 '1 «� PROJECTMANAOER MAROARETSISHOP I DATE V 7 Page 3 of 4, Agreement 4600000608 16P3 EXHIBIT "B" PAYMENT AND DELIVERABLES SCHEDULE Task Deliverables 1 Mobilization 2 Prepare Staging Areas 3 Tree Removal 4 Herbicide Application 5 Demobilization -Final Acceptance Total BCB Share BCB Cost Share Due Date $250,000 01/07 02/07 03/07 04/07 05/07 A lump sum of $250,000 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 funding, notwithstanding other provisions in this AGREEMENT to the contrary. Page 4 of 4, Agreement 4600000608 G w w HaTim U pN N 1. ti N C � U E F" O v Q W u O :j � u w y N U �.a N y N t .0 u� b U P N V v �d C �E u -w ° w N a N N U U S � L 3 ° on T a d �t O b N o V � U � O 0 N � U N b « NJ v E. s N a � ` 9 N � � w p C V ,ON ni y0 " r N m � N F N � t V „ s tiG 3 S O N° U a wo N 0. 0 L L � u 0. U Q 9 s7 vi 4 L t M � O d ° w a � w W N d QV�11 w a „ $ q a e w Q 'o O z V d a w a= y F Q L N a s = a F F`o s O a w U Q o Az O a z N 9 C9 T C « d d 9 N m w 4 'd a v A E_ �z a a uJ u N y iL a ^a E `u c U L � � c E I�wa`2 HaTim U pN N 1. ti N C � U E F" O v Q W u O :j � u w y N U �.a N y N t .0 u� b U P N V v �d C �E u -w ° w N a N N U U S � L 3 ° on T a d �t O b N o V � U � O 0 N � U N b « NJ v E. s N a � ` 9 N � � w p C V ,ON ni y0 " r N m � N F N � t V „ s tiG 3 S O N° U a wo N 0. 0 a IN au 4y Ci 9 ¢ vi L t M � O d O v ^" � W c � QV�11 w L O d a 5 w a= y F L N a s = a F F`o o O a w U Q o O z .a ° U cb d v b U 4 m 'd a A E_ �z a a uJ u Y 0 y iL o. c U a d a u v a 6 0 � C 'C N 'o v O L �u 3 Q Q qu a v nwaz y HaTim U pN N 1. ti N C � U E F" O v Q W u O :j � u w y N U �.a N y N t .0 u� b U P N V v �d C �E u -w ° w N a N N U U S � L 3 ° on T a d �t O b N o V � U � O 0 N � U N b « NJ v E. s N a � ` 9 N � � w p C V ,ON ni y0 " r N m � N F N � t V „ s tiG 3 S O N° U a wo N 0. C 0 4y Ci ¢ vi w � ti O N ¢ C 0 pG E QV�11 'O a{Qi1 d H w a= y F L N _ U F`o w w 0 N U p d v U d U a a uJ u y iL a c d d a u v a ° N o � C O L 7 w Q u O p aNO� y HaTim U pN N 1. ti N C � U E F" O v Q W u O :j � u w y N U �.a N y N t .0 u� b U P N V v �d C �E u -w ° w N a N N U U S � L 3 ° on T a d �t O b N o V � U � O 0 N � U N b « NJ v E. s N a � ` 9 N � � w p C V ,ON ni y0 " r N m � N F N � t V „ s tiG 3 S O N° U a wo N 0. (a) Terms and Conditions outlined in preceding paragraphs 1 — 24 6B 3 (b) Exhibit "A" Statement of Work (c) all other exhibits, attachments and documents specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SFWMD procurement approved M Date: ATTEST:- :DWIGHT E. 131162K, Clerk +L L�D61T¢ d'Clark , V 1 rdtt 4 signature OnlM Approved as to form and leg 1 sufficiency: By: D i�� Tom Palmer, Assistant County Attorney SOUTH FLORIDA WATER MANAGEMENT DISTRICT Lm Frank Hayden, Director of Procurement COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, COLLIER CO FLO A By: James Coletta, Chairman Agreement No. 4600000608 ,Page 5 of 5 If 16P3 (a) Terms and Conditions outlined in preceding paragraphs I — 24 (b) Exhibit "A" Statement of Work (c) all other exhibits, attachments and documents specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SFWMD procurement approved M Date: ATTEST: DWLGHTI�. BROCK, Clerk Attest aS A Approved as to form and legal sufficiency: T6 By: I In I m-- Tom Palmer, Assistant County Attorney SOUTH FLORIDA WATER MANAGEMENT DISTRICT Frank Hayden, Director of Procurement COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, COLLIER COUN FLORI A� By. James Coletta, Chairman Agreement No. 4600000608 ,Page 5 of 5 16B4 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF MARCH 17, 2008. 16B5 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF MARCH 17, 20080 ORIGINAL DOCUMENTS CHECKLIST & ROUTING I V P TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T TO DE� THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG Print on pink paper. Attach to original document. Original documents should be band delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines 01 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature: draw a line n-gh rn t4- l ;.,cam 441 .t,..,.....G un - -__ Route to Addressee(s) (List in routing order) .,,.,,,, ,r, "—S" —, ww =Lr, uic cuccxnsr, and Office rorward to Sue 1 ilson Initials (line #5). Date 1. PUL0 (Initial) Applicable) 2. " 3 -v 1 Agenda Item Number 3. (,� X-- -q %7 Number of Original 4. resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office Chairman and Clerk to the Board and possibly State Officials.) PRIMARY CONTACT INFORMATION (The primary contact is the holder of The original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact hifi matiou is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff C14U e N !T Phone Number N/A (Not Contact PUL0 (Initial) Applicable) Agenda Date Item was Approved by the BCC " 3 -v 1 Agenda Item Number Type of Document Attached (,� X-- -q %7 Number of Original resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached TNgTRTTCTTCIIVC Ar VPWP rr rem I: Forms/ County Forms/ BCC Formal original Documents Routing Slip WwS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not I. appropriate. Original document has been signedlinitialed for legal sufficiency. (All documents to be (Initial) Applicable) signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from Z contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board %1 Z 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is applicable. R 2 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si gnature and initials are required. Z 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain �t2 time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC ou (enter date) and all changes made during the meeting have been incorporated in the attached document. The AW County Attorney's O!fte has reviewed the cLu n es, if a licable. I: Forms/ County Forms/ BCC Formal original Documents Routing Slip WwS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16C 1 Agreement THIS AGREEMENT made and entered into on this c yLL��i ,4day of'P 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. 16C 1 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 I 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 20' d 1d101 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 USG 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, docurnentation 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 f. Accept reimbursement of the three (3) RPDA, verified to have lamination defects Successors and Assigns of the Parties: Neither party may assign this Agreement without the prior written consent of the other party, except that either patty may, without the consent of the other, assign the Agreement to a controlled subsidiary of that party or a purchaser of all or substantially all of that party's assets used in connection with performing this Agreement, provided the assigning party guarantees the 'j,• performance of and causes the assignee to assume in writing all obligations of the assignor under this Agreement. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties. 20'd Ib7 Tves8e982,6 S3I0010NH031 a31dM SliUM 62:1T L00Z- 6T -83d 16C IN WITNESS WHEREOF, -the Parities hereto have executed this Agreement this day ofp " ' 2007. ATTEST: Dwight E'. Brock, Clerk '. 4C. By: Attest -•s ":` y s Date: SJ "s 04x *V Q Approved as to form and legal suffic• Assi tant Cbun.VAttorney Witness (Signature) Name: /(t -..c.* 'R. Lt�vaq_� (Print or Type) Witness (Signature) Name: (Print or Type) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, By: Print: Title: JaA es Coletta, Chairman Watts Water Technologies Inc, FEBCO By: Print: Ernest E. Elliott Title: Executive Vice President of Wholesale Marketing Item # _1l Lla-- Agenda Date Date 31 Recd I 1604 MEMORANDUM Date: March 23, 2007 To: Lynn Wood, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Agreement #06 -4056: "Disaster Recovery Assistance" Contractor: James Lee Witt Associates Enclosed are three(3) original contracts, as referenced above (Agenda Item #16C2) approved by the Board of County Commissioners on Tuesday, February 13, 2007. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 774 -8411. Thank you, Enclosures (3) ITEM NO.: FILE NO.: ROUTED TO:O "/ DA TtE J�2ECEIVED: -gJTr arroR*� 1 2001 FEg 4 i Pi# DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: February 13, 2007 To: Office of the County Attorney Attention: Robert Zachary From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: 06 -4056 "Disaster Recovery Assistance" Contractor: James Lee Witt Associates BACKGROUND OF REQUEST: This contract was approved by the BCC on February 13, 2007; Agenda Item 16(C)2. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, this is a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. cc: Joe Bellone, PU Operations ,r 3 -22 -per 16Le MEMORANDUM TO: Wayne Fiyalko Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department DATE: February 13, 2007 RE: Review of Insurance for Contract: 06 -4056 "Disaster Recovery Assistance" Contractor: James Lee Witt Associates This Contract was approved by the BCC on February 13, 2007; Agenda Item 16(C)2. Please review the Insurance Certificates for the above - referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. DATE RECEIVED FEB 14 2007 MAN4GEMENT dod /LW cc: Joe Bellone, PU Operations 16r ,T-W:SM*„ ,Ir . for Disaster Recovery Assistance This Agreement ( "Agreement ") dated this day of 2007 is between Collier County, Florida ( "Client "), located at 3301 East TT, Building F, Naples, Florida 34112 and James 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 16c2 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: pfeltsgwittassociates.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 ME 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. F1 ST WITNESS 04 6,- Print S D WITNESS L RA Print Name ATTESi.' Dwight E. Brock, CI%rk t d,, Appro0rAt �� fo%1a&d Legal Sufficient Assistant Coup ttorney Print Name Type/Print N and Title CLIENT: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Page 3 of 12 Item # 112ca Agenda 2 Da[2 ► J� T 1602 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 .P2 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 $US 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 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 1VIAJEURE. 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 parry fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Star. 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 1662 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 SE 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. TERNIINATION. 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 I &C2 d. Commercial General Liability Insurance: Commercial General Liability Insurance for bodily injury and property damage in the amount of Five Hundred Thousand Dollars ($500,000) per occurrence. e. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. f. 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 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 Management -- 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 12 162 recommendation to FEMA/State on client's appeal. Review and make recommendation to FEMA/State on client's request for cost over -run. f) 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 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 ACORDr, CERTIFICATE OF LIABILITY INSURANCE NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS DATE/2(M /220000I'YV) 746 PRODUCER Phone: 212- 344 -2444 Fax: 212 -509 -1292 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Frank Crystal & Co., Inc. Financial Square 4 ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED UPON THE CERTIFICATE NOT AMEND, EXTEND OR BY THE POLICIES BELOW. 32 Old Slip LIMITS • New York NY 10005 INSURERS AFFORDING COVERAGE 6/30/2006 NAIC# INSURED INSDRERA: One Beacon Insurance Company GlobalOptionS Group, Inc. INSURERS: Liberty Surplus Insurance Car 10725 75 Rockefeller Plaza 27th Floor NSURER C' American Alernative Insurance 19720 CLAIMSMADE � OCCUR New York NY 10019 INSURER D' PERSOrvALBADV INJURY g Excluded INSURER E: rnVFRArFA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR OD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS • GENERALLIABILRY 7100134450000 6/30/2006 6/30/2007 EACHOCCURRENCE $ 11 000, 000 COMMERCIAL GENERAL LIABILITY � A D PREMISES Ea ocwrence 1,000,000 8 MED EXP(Anyone person) _ $ 10, 000 CLAIMSMADE � OCCUR PERSOrvALBADV INJURY g Excluded GENERAL AGGREGATE 5 2, 000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS- COMPIOPAGG $ 2, 000,000 POLICY PRO LOC • X AUTOMOBILE LIABILITY I ANY AUTO 7100134450000 6/30/2006 6/30/2007 COMBINED SINGLE LIMIT (Ea aeoltlenp $ 1, 000, 000 BODILY INJURY Eerperson) $ ALL OWNED AUTOS SCHEOULEDAUTOS BODILY (Per accident) $ X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Pe,accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EAACC $ ANVAUTO $ AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ $ DEDUCTIBLE $ RETENTION $ C WORKERS COMPENSATION AND 9OA2WC0000073 -00 7/18/2006 6/30/2007 X OCRYTA OTH- E.L. EACH ACCIDENT 8 1 0�0 X00 i EMPLOYERS'LIABILITY ANY PROPRIRIPARTNER/EXECUTIVE OFFICERIMEMBEMBER EXCLUDED? E.L. OIBEASE - EA EMPLOYEE $ 1, 000, 000 R yes ,IALP describe antler SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1, 000, 000 B OTHER E &O Liability E05N465273001 6/30/2006 6/30/2007 each claim/aggreg. $1,000,000 Claims Made DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Collier County Board of County Commissioners is an additional insured on the General Liability insurance as their interests may appear. James Lee Witt Associates is a part of ClobalOptions Group, Inc. Collier County Board of County Commissioners 3301 East Tamiami Trail Naples FL 34112 ArnRn IR (911,11 AIRI liMIYIiCLLM 1IVIY ./ oJ'o cYr. ra J'o YuY„ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT (EXCEPT 10 DAYS FOR NONPAYMENT OF PREMIUM), BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, AUTHORIZED REPRESENTATIVE /s1... n ACORD CORPORATIO IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 46 LIP, THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through 44 as appropriate for additional signatures, dates, and/or information needed. if the document is already complete with the excention of the Chairman's sienature_ draw a line through routing lines # 1 through 44, complete the checklist, and forward to Sue Filson (line 45). Route to Addressee(s) (List in routing order) Office Initials Date 1. Jim Coletta, Chairman Commissioners Office (Initial) Applicable) 2.13wight Brock Clerk of Courts Agenda Item Number 16C3 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Agreement Number of Original 3 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item ) Name of Primary Staff Joe Bellone Phone Number 417 -6028 Contact appropriate. (Initial) Applicable) Agenda Date Item was February 13, 2007 Agenda Item Number 16C3 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Agreement Number of Original 3 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on -X113107- (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 �Vsj�, �0, � L 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 (hereinafter referred to as the "Agreement ") is made and entered into this day of , 2001, by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, Florida, as the Governing Body of Collier County 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 II, 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 corner 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 2012,; and WHEREAS, Developer desir(ess 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 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`h Avenue SW (the portion of same to be located within the right of way of County Road 951 and/or 18`h 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: 1. 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 N 16 C314 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. 5. 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 c] 16 C3 expansion or other modification, repair or replacement of County Road 951 or any other directly relevant public right of way by CCWSD or Collier County (or by any other party permitted by CCWSD or by Collier County), CCWSD /Collier County (or such CCWSD or County authorized other party) shall not unreasonably disrupt or otherwise unreasonably interfere with the supply of wastewater /sewer service to the Proposed Project, and if possible shall not require relocation of the point of connection of the Wastewater /Sewer 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 (`Utilities Facilities ") sites by County's employee(s), or by physical act(s) by the 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 Utilities Facilities site by County's employee(s), or for physical act(s) by the County's contractor(s) at the Utilities Facilities site. Repairs required so that the Utilities Facilities thereby come into compliance with applicable laws, codes, rules and /or regulations are regulatory 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 /Sewer Extension and Lift Station that is to be installed by Developer is attached hereto 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT james Coletta, Chairman Approved as to form and legal sufficiency: -J1 0/7-k-t DATED: /Signatures continued on Following Pagel 4 I I Noco 1 i 1� DATED: ATTEST: Judith Gilbert Board Clerk: BY: _ J('— 'z _ Ju ith Gi ert Approas to form an legal sufficiency: BY:-7 a---�— John lham General Counsel DATED: f IO 16 C I *3 FLORIDA GOVERNMENTAL UTILITY AUTHORITY Lea Ann Thomas, Chairman, Board of Directors [Signatures continued on Following Page] 5 DATED:/ —0-07 WITNESSES: (Sign Name) /--1 av Mamas (Print Name) 4(( :ig;,n Name e /TJ2 J �� (Print Name) 514062 v_02 \ 1 11323.0002 16 C3 SEMBLER FAMILY PARTNERSHIP #41, LTD., a Florida Limited Partnership By: Sembler Retail II, Inc., a Florida corp at' eneral Partner By: 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. M9:vollowam 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 AR 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 6 75 1 5 VINEYARDS 17 751-- 16 C3 1 11 1 �f OOKALEE ROAD C.R. 846 27 i 25 951 VANDERBLTIBEACH jj 7rm' AV mw AV mw '.sT mw k4',% O?u dieki —PINE RIDGE ROAD 011 AV 5W PROPOSED SEWAGE FORCE MAIN 16 1 AT- AV '.�V I 13',� AV 151 AV SW Wastewater/Sewer Exter I Ali 2S 25 FF y 1 F=GUA� BOUNDARY IN ;RADIO ROAD 858) 75 950 Encore Way GAN 2DD4.11 - 2 CHECK. BY : "OE" Naples, FL. 34110 BROOKS VILLAGE Phone: (239) 254-2000 RAVIN BY CAD FILE NAME: &C.1 E*LB/AGM HOLE P#ICWMS Florida Certificate of Exhibit "B" DATE : EXHIBIT - ITEM uum�.== Authorization No.1772 1 7/18/()e Vicinity V. sion 1 14 i Rre MEMORANDUM Date: February 22, 2007 To: Lori Olivier, Administrative Assistant Public Utilities Engineering Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Grant Funding Enclosed is a copy of the above referenced document (Agenda Item #16C4) which was approved by the Board of County Commissioners on Tuesday, February 13, 2007. After execution please forward a fully executed copy to the Minutes and Records Department. If you have any questions please call me at 732 -2646 x 7240. Thank you, Enclosure r• ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Tbffice (List in routing order) Initials Date 1 -- Chairman Coletta------------- - - - - -- 2. ------------------- - - - - -- 3. ---------------------- - - - - -- 4- ---------------------- - - - - -- 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Lori Olivier Phone Number 530 -5390 Contact Agenda Date Item was February 13, 2007 Agenda Item Number 16C4 Approved b the BCC Type of Document Number of Original 4 original ,Need 4 Attached Grant Funding Documents Attached original or recorded returned to PUED 1NCTR1TCT1nVQ V. !Nusnrrr rrT W WS Urngmal 9.03.04 ITEM NO: DATE RECEW, IP,4- i HL FILE NO: _;C } «NTY ATTORNEY ROUTE TO: �7- C6! -- ©Ol' 2003 FEB { PM 3' 0 2 DO NOT WRITE ABOVE THIS SPACE (ORIG. 9/89) REQUEST FOR LEGAL SERVICES Date: February 1, 2007 To: Office of the County Attorney Re: South Florida Attn.: Tom Palmer Project Manager Public Utilities Engineering Management District— Grant Agreements BACKGROUND OF RE UEST/PROBLEM: The South Florida Water TTnagement District (District) awarded the (attached) for grant funding: Contract - 4600000589 Contract - 4600000610 P) Contract - 4600000596 �P 011 Contract - 4600000582 CP 014 /, f , The signature pages did not include lour standard gnature block. We revised the signature block to include our standard. Ir This item has not been previously submitted. ACTION REQUESTED: Please review the attached document for approval as to form and legal sufficiency. OTHER COMMENTS: If you have any questions please contact me at 530 -5344. Please call and I will pick -up documents. CC: Roy Anderson, P.E., Public Utilities Engineering Director James W. DeLony, P.E., Public Utilities Administrator Bill Mullin, Public Utilities Engineering Principal Project Manager Encl. c:lmsofficelforms\RLS 1 Aw 6 C'`4 I 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, Ft, 33416 -4680 - wwcvsfwmd.gov December 4, 2006 Ronald Dillard Collier Country Public Utilities v 3301 East Tamiami Trail, Bldg. H -, 73 Naples, FL 34112 Dear Mr. Dillard: } r11 Subject: Contract # 4600000582 la 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, r' ' r t, Bernadette Harrison Contract Specialist Procurement Department bharriso @sfwmd.gov (561) 682 -6378 FAX: (561) 681 -6275 BH /kp Enclosure c: Moysey Ostrovsky- MSC4360 CD V1;RNG ,iG BOARD Kevin McCarty, 0mir Alice J_ Carlson Irela M. Bague, Vice -Chair Michael Collins Miy.i Burt- Stewart Nicolas J. Guticrrez, Jr., Esq Lennart F. Lindahl, P.E. Harkley R. Thornton Malcolm S. Wade, Jr. EXECUTIVF_ OFFICE Carol Ann Wehle, Exrci,hve Director 4 JJ ORIGINAL -.02900- 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 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.4600000582, Page 1 of I 1 16 r,� L� 4 40 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 1t U4 i 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 11 414 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, alarenasksfwmd.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 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 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 11 (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.4600000582, Page 7 of 11 6 L, 4 11 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 11 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.4600000582, Page 9 of 11 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 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 B K ct'2`; , VCc i _t, }� ►� Date: / G �Lwt- SFWMD Office of Counsel Approved: 0 ATTEST: DW GHT E, BROOK, Clerk B er c Date . Q. Attest f ' o Cha try,,,, , S ignatur # Approved as to form and legal sufficiency Assistant County Attorney Date: THE BOARD OF COUNTY COMMISSIONERS OF Entity's Legal Name: COLLIER COUNTY, FLORIDA By Authorized Official: Printed Name: JAMES COLETTA CHAIRMAN Title: Date: Agreement No.4600000582, Page 11 of 11 Exhibit "A" Statement of Work Collier County Reclaimed Water Booster Pump Station (North -South Interconnect Pipes under Livingston Road) A. Introduction/Background 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 1604 1 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 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. ' 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 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) August 1, 2007 N/A $259,200.00 16" interconnect reclaimed water lines under Livingston Road 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 Project Manager SFWMD Contract Number Describe Project constructed: Project Owner 40 E Cast for t , " P'hwm Proposed Actual Total Construction Cost — This Phase 1 $ District funding this 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 I of 1, Exhibit "C" to Agreement No. 4600000582 Type of Alternative Water Supply Quantity of Water Made Available MGD Upon Completion of This Phase Construction Duration Proposed Actual Start Finish Cast for t , " P'hwm Proposed Actual Total Construction Cost — This Phase 1 $ District funding this 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 I of 1, Exhibit "C" to Agreement No. 4600000582 m 1: X LLI b Z_ 3: 0 0 1 1 LLJ LL 0 U) CO Z 0 z LU 2 LU LU w 0 U) 0 Z D U) a. 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(n 0 — o (n L 2: a- < V w C/) 0 c u ca< n) (D CL 0 0E cn 0 U- 0 0 LL 0 , in C14 00 O O O 0 z E d AL" � 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 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.4600000582, Page 1 of 11 1 J. j, A k7! 6 �` 4 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 p_ 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 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.jzov 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 16 1 'J 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 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 11 16-14 (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.4600000582, Page 7 of 11 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 11 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.4600000582, Page 9 of 11 16 4 1 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 I 1 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 B"*Z X a t ��_ C i l` ✓ �'e- i 2 C Jet Date: // & SFWMD Office of Counsel Approved: LM ATTEST: DWIGHT E. BRO�C /K, C14rk By e u oir� c]— fJr► twa r Approved as to form and legal sufficiency Date: THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Entity's Legal Name: By Authorized Official:_ Printed Name: JAMES COLETTA D', Title: Am st A istant C my Attorney Date: CHAIRMAN Agreement No.4600000582, Page 11 of 11 Exhibit "A" Statement of Work Collier County Reclaimed Water Booster Pump Station (North -South Interconnect Pipes under Livingston Road) A. Introduction/Background 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 I� 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 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. 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 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 Cost for this Phase Proposed Actual Total Construction Cost — This Phase 1 $ 1 $ 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 Type of Alternative Water Quantity of Water Made Available MGD Upon Completion of This Phase Construction Duration Supply Proposed Actual Start Finish Cost for this Phase Proposed Actual Total Construction Cost — This Phase 1 $ 1 $ 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 _m 2 W b _z O J 0 W LL O CO z Q z W W W U) H O I-- z Q D CL F- 1- z W W O f'- W 0 z D LL 1604 � � U � C � „L y U 0< ^ cu �r m U C E- C LL :3 c m O c O "0 (n N CD D O 69 ►-� - cu b o V o 3 aEi-m 0 m 0 H ��v� c _c E .oc �. a) O) o cu 0-_ Q _U U C C U (u s 3r0U cn >, u N . fn E� Q-a L a) a r' _U (U T C L6 d + N N -0 c �- O >c 1E cu 4 (6 A mU,NQ U cn C _: Y a C .a) �S (a (a (`C N N p)N�.0 0 Cl) `t CL cn U 0 Q a E U- C oQ�o U- 0U C 0 Y o m � m U d Q °o E c E Gz, Q L a bn c L b C N w O C o0 � L � � s w f� F- � Z Q A c w U o y .y C O U 0 E Y L a� Q 03 o '= w 'o 1i � w` Q cu s A � E z L4 QM 3 C v •u a .0 w C y O to M o 'O y n M h w � L Q � Uz _ w o o O h a O C 0= k-wz a U U c � 1604 � � U � C � „L y U 0< ^ cu �r m U C E- C LL :3 c m O c O "0 (n N CD D O 69 ►-� - cu b o V o 3 aEi-m 0 m 0 H ��v� c _c E .oc �. a) O) o cu 0-_ Q _U U C C U (u s 3r0U cn >, u N . fn E� Q-a L a) a r' _U (U T C L6 d + N N -0 c �- O >c 1E cu 4 (6 A mU,NQ U cn C _: Y a C .a) �S (a (a (`C N N p)N�.0 0 Cl) `t CL cn U 0 Q a E U- C oQ�o U- 0U _ 0 O t:. a� m i aU d Q °o E Gz, L a � = L 0 N Q O � fs. o0 � L � � w y v � u _ 0 o a a w Y e� a� c 03 o '= w 'o o � w =b s w L4 w Q 3 .y a 0 U c E � z M o Q n M h La � C Q � Uz a i w o o L _ a O C a U U c � 6J s 0 � Q w � b � w L 3 3 Q Q v L a W 0 Q V E z v�wa`z 1604 � � U � C � „L y U 0< ^ cu �r m U C E- C LL :3 c m O c O "0 (n N CD D O 69 ►-� - cu b o V o 3 aEi-m 0 m 0 H ��v� c _c E .oc �. a) O) o cu 0-_ Q _U U C C U (u s 3r0U cn >, u N . fn E� Q-a L a) a r' _U (U T C L6 d + N N -0 c �- O >c 1E cu 4 (6 A mU,NQ U cn C _: Y a C .a) �S (a (a (`C N N p)N�.0 0 Cl) `t CL cn U 0 Q a E U- C oQ�o U- 0U 0 �+ 'V 0 Q. a� � o � �U d Q °o Gz, n C N Q O 0 w a � w S � u = o � Y a� •3�C) 03 o U w 'o ;Tw C�a w =b L4 M 3 C 0 U � z M o n M La � C v a i w o o a O a U � C N w � b a�i L k, 3 Q a W Q V v�wa`z M 1604 � � U � C � „L y U 0< ^ cu �r m U C E- C LL :3 c m O c O "0 (n N CD D O 69 ►-� - cu b o V o 3 aEi-m 0 m 0 H ��v� c _c E .oc �. a) O) o cu 0-_ Q _U U C C U (u s 3r0U cn >, u N . fn E� Q-a L a) a r' _U (U T C L6 d + N N -0 c �- O >c 1E cu 4 (6 A mU,NQ U cn C _: Y a C .a) �S (a (a (`C N N p)N�.0 0 Cl) `t CL cn U 0 Q a E U- C oQ�o U- 0U g 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 • www.sfwmd.gov December 7, 2006 ca rn Ms. Sandy Sridhar 70 Collier County Public Utilities `� C= 3301 East Tamiami Trail 73 � Bldg. H Naples, FL 34112 d 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, r � Bernadette Harrison Contract Specialist Procurement Department bharriso @sfwmd.gov (561) 682 -6378 FAX: (561) 681 -6275 Enclosure c: GOVERNING BOARD Nestor Garrido- MSC4360 EXECUTIVE OFFICE Kevin McCarty, Chair Alice J. Carlson Lennart E. Lindahl, P.E. Carol Ann Wehle, Executive Director Irela M. Baguio, Vice -Chair Michael Collins Harklev R. Thornton Miya Burt - Stewart Nicolas J. Gutierrez, Jr., Esq. Malcolm S. Wade, Jr. "001dINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2006 - 2007 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM Recipient: Collier County Public Utilities Agreement Number: 4600000610 Recipient's Project Manager: Governing BoardAP D*e:, October 1121 2066 ,', Ms. Sandy Sridhar District Funding Amount.* $224,000.00' Address: 3301 East Tamiarni Trail, Bldg. H Naples, FL 34112 Contract Term: October, 1, 1 21w!. S teinber 3k207 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 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 Facilit y — Phase 11 Agreement No.46000006 10, Page 1 of 11 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 11 6 " h r , "' �' '1' 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 16 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(C-USfwmd.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 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.4600000610, Page 5 of 11 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 (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.4600000610, Page 7 of 11 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 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 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 I 1 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 Date: :1 C� 7 BY• z A. �� CG ct z �.1r , � ti SFWMD Office of Counsel Approved: ATTEST'w" DWIG ' L, BR(iCK,'klerU• <:. Y Date Z Q Att"t as r' E:`t�' lresan Approved as 1&m. and legal sufficiency Assis nt County Attorney Date: THE BOARD OF COUNTY COMMISSIONERS OF Entity's Legal Name: By Authorized Official: Printed Name: JAMES COLETTA Title: CHAIRMAN Date: Agreement No.4600000610, Page 11 of 11 Exhibit "A" Statement of Work Collier County Public Utilities Pelican Bay Reclaimed Water Storage and Re -Pump Facility - Phase II A. IntroductionBackground 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 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 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. Page 1 of 1, Exhibit `B" to Agreement No. 4600000610 $ px 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 Remove internal equipment and piping from existing August 1, 2007 N/A $50,000.00 1 million gallon oxidation ditch to convert this tank to Reclaimed Water Ground Storage Tank No. 4 5 Demolition of filter, chlorine contact basin and August 1, 2007 N/A $85,000.00 digester tanks and related equipment 6 Install piping, motorized valves and level August 1, 2007 N/A $75,000.00 instruments to connect converted Reclaimed Water Ground Storage Tank No. 4 to the existing Pelican Bay reclaimed water storage and pumping system 7 Site restoration completion August 1, 2007 N/A $14,000.00 8 Final Project Report N/A August 1, 2007 N/A TOTAL DISTRICT PAYMENT $224,000.00 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. 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 1 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 Cost for this Phase Type of Alternative Water Supply Quantity of Water Made Available (MGD) Upon Completion of This Phase Construction Duration Proposed Actual Start Finish District funding this phase $ $ Local funds $ Cost for this Phase Proposed Actual Total Construction Cost — This Phase $ $ Funding for this Phase 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. 4600000610 O Z_ O J J O LL w 2 H LL O U) (n Z O H Z w 2 w !w V F- 0 H Z D U) CL F- F-- Z w w 2 F- 0 w 0 'q U) Z LL U V a)c� � C N U LL oQ� (U ai cu L O N a) 0 � O L m N V O �` ++ c cu O O NLL -0 C c O O _U a0 U" c C.0 ._ c_ a> m L '2!, n L ♦�+ 0 a> 3 L co >, m a> .� at E — Q. (D °0Qa _ U CO Q L ti _U cn a) � . L L F- C,4 CD L CL 0 CD w.. L c� q a-a)i�,nc q c o U O E�c�� Ln CD U O (n a L U L 4- 00E U) O LL 0 V ti SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2006 — 2007 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM Recipient: Collier County Public Utilities Agreement Number: 4600000610 Recipient's Project Manager: Governixg Board Approval D, Ato c October: 12, 2006 Ms. Sandy Sridhar Dis,trkt FundingAmount: $224,000i00 Address: 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Contract Term: October 1, 2006 September 30, 10077-, 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 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 FaciW— Phase 11 Agreement No.46000006 10, Page 1 of 11 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 11 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 (Le. 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 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-�,sfwmd.goy 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 16';,'J- 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 lI 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.4600000610, Page 5 of 11 16 r,4 i 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 its (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.4600000610, Page 7 of 11 1604 "1 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 a 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 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 a 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 B SFWMD Office of Counsel Approved: AT'T'EST' - , Dr'il;'ICH;T,E BROCk Clerk Bf , epu „ eXK Attest- ,sto41%lirjun s s ignatwr 041 Approve as to Porm and legal sufficiency Assi'stant County Attorney 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 I I of i l C Exhibit "A" Statement of Work Collier County Public Utilities Pelican Bay Reclaimed Water Storage and Re -Pump Facility - Phase II A. IntroductionBackground 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 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 N 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. ..,: Status Report N/A February 1, 2007 N/A 1 2 Status Report N/A April 1, 2007 N/A 3 Status Report N/A June 1, 2007 N/A 4 Remove internal equipment and piping from existing August 1, 2007 N/A $50,000.00 1 million gallon oxidation ditch to convert this tank to Reclaimed Water Ground Storage Tank No. 4 5 Demolition of filter, chlorine contact basin and August 1, 2007 N/A $85,000.00 digester tanks and related equipment 6 Install piping, motorized valves and level August 1, 2007 N/A $75,000.00 instruments to connect converted Reclaimed Water Ground Storage Tank No. 4 to the existing Pelican Bay reclaimed water storage and pumping system 7 Site restoration completion August 1, 2007 N/A $14,000.00 S Final Project Report N/A August 1, 2007 N/A TOTAL DISTRICT PAYMENT $224,000.00 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. 4600000610 EXHIBIT "C" REPORTING FORM Project Summary Final Report — FY 2007 Project Name SFWMD Contract Number Describe Project constructed: Project Manager Project Owner Cost for this Phase Type of Alternative Water Supply Quantity of Water Made Available (MGD) Upon Completion of This Phase Construction Duration Proposed Actual Start Finish District funding this phase $ $ Local funds $ Cost for this Phase Proposed Actual Total Construction Cost — This Phase 1 $ $ funding for this Phase 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. 4600000610 d z 3: 0 0 LL LLI r F— Li- 0 F- U) cn z 0 C) F— z ui 2 Lli LU U) -r F- 0 F- z D U) w D z LLJ ui r 0 F- 0 LLI 0 ry U) 0 z D LL 0 AD U r1i 16 C4 0 0 c: 1,25 "a -�Zl "to C: U- C/) 4- 0 ID 0)— = 0 co C) cu -0 ) i (1 c 70 T- L) cu U) Q) 0 -p- CU CU U) m 0 E cu a) o cu 0--o cn U- -0 c c E CU 2 0.-0 c 0 m .0 0 Co 0 D -0 w E 0(D 0 L) 0- 4- a--- (n CD U_ 0 c L6 Q) T cn -0 CL CO (D -0 a) rr a) CD CU 0 cu < m E c m In 0 (D Z! E � n cn zz- 2 0- < L In L) U) 4- 0 M a) LL < 0) 0. E U) 0 a 0 0c) LL — rl C) o 0 C> o 46 0 cql tu W5„ w < o o U 3 At C13 .4 Q V E to (U cc cl on 16 C4 0 0 c: 1,25 "a -�Zl "to C: U- C/) 4- 0 ID 0)— = 0 co C) cu -0 ) i (1 c 70 T- L) cu U) Q) 0 -p- CU CU U) m 0 E cu a) o cu 0--o cn U- -0 c c E CU 2 0.-0 c 0 m .0 0 Co 0 D -0 w E 0(D 0 L) 0- 4- a--- (n CD U_ 0 c L6 Q) T cn -0 CL CO (D -0 a) rr a) CD CU 0 cu < m E c m In 0 (D Z! E � n cn zz- 2 0- < L In L) U) 4- 0 M a) LL < 0) 0. E U) 0 a 0 0c) LL — abca "" 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 • www.sfwmd.gov December 7, 2006 Mr. Roy Anderson Collier County Public Utilities 3301 East Tamiami Trail Bldg. H t , Naples, FL 34112 m._ C__ . 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, Bernadette Harrison Contract Specialist Procurement Department bharriso@sfwmd.gov (561) 682 -6378 FAX: (561) 681 -6275 BH /kp Enclosure c: Robert Verrastro- MSC4360 GOVER we BOARD KeN in McCarty, Chair Alice J. Carlson Lennart E. Lindahl, P.E. Irela M. Bague, Vice -Chair Michael Collins Harkley R. Thornton Miva Burt - Stewart Nicolas J. Gutierrez, Jr., Esq. Malcolm S. Wade, Jr. EXECUTIVE OFFICE Carol Ann Wehle, Executive Director 16 n 11 0061 AL SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2006 — 2007 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM Recipient: Collier County Public Utilities Agreement Number: 460000058.9 Recipient's Project Manager: Roy Anderson Governing Board Approval Date: October 12,20%,, , Address: 3301 East Tamiami Trail, Bldg. H District Funding Amount: $2,2005,000.00 Naples, FL 34112 Contract Term: Oetober.l, 2006 - September 50,, !W7 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 1 of 11 ,r 1J, ' 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 16 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 11 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 cysfwmd. ov 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 4013-7, Part II of the Florida Administrative Code, "Material Agreement No. 4600000589, Page 4 of 11 16 F". It I I 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 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 Lo (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 6 4 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 6 4 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 IL 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 I 1 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 C4 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 SFWMD Procurement Approved: BY , - "z�fE °���,� �t ( C�1L Date: s 1.. SFWMD Office of Counsel Approved: M ATTEST: DVWGHVE. BR(WK, Clerk By r:. ep y, Z11-1 11 91 Date Attest a 't05 hd4ikidn s< S 1964 rt as 1 M Approved as to form and legal sufficiency e---) of Assiltant Couilty Attorney Date: Frank Hayden, Procurement Director Date: THE BOARD OF COUNTY COMMISSIONERS OF Entity's Legal Nan COLLIER COUNTY, FLORIDA. Ar By Authorized Official: Printed Name: JAMES COLETTA Title; CHAIRNIAN Date: Agreement No. 4600000589, Page 11 of 11 Exhibit "A" Statement of Work Collier County Public Utilities South County Reverse Osmosis (RO) Expansion A. IntroductionBackground 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 I of 3, Exhibit "A" of Agreement No. 4600000589 9 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 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 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 k wrRne 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 1, 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 $2,200,000 ' 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 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 Cost for than Phase Type of Alternative Water Quantity of Water Made Available (MGD) Upon Completion of This Phase Construction Duration Supply Proposed Actual Start Finish $ $ Local funds $ $ Cost for than Phase Proposed Actual Total Construction Cost — This Phase $ $ —...Fypd4*g for this Phase 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. 4600000589 F- m_ 2 X W b _z O J 0 W 2 U- 0 C/) U) z 0 z W 2 W w Q 2 F- O F- F- z U) D F- F- z W w F- O 0 0 U) 0 z Z) LL � U U N C 0 c C ,;L 0 U �a� o - 4.' fQ . C cu C C) .c U O U C + .� -0 U 0-0 O O M, }; v' -�6 -0 CO �Uo, E m 2 0 (D-0 caU 0U- "0, L C C -a 4— N 0) (� O O _U N cu .0 a 4- =1 3 L 3 -C 0 U >,ca OA w E Q C) U Q Q _ U M a) 0 cn r U O t LO N cn .0 L CN O a O CD N N = t -C CU .-� V c6 CU < cu N0 umi< C : Y O m�a C) N .0 0 cn d U "' ^. O O O LL C_ E Cn L° 0 U w 'ATV 4t. or ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2006 - 2007 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM Recipient: Collier County Public Utilities Agreement Number: 4600000589 Recipient's Project Manager: Roy Anderson Governing Board Approval Date: October 12, 2006 Address: 3301 East Tamiami Trail, Bldg. H District Funding Amount: $2,200,000.00 Naples, FL 34112 Contract Term: October 1, 2006' - September 30, 2007 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 1 of 11 •• D 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 apart 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 .6 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 11 { 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(ii!sfwmd. ov 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 ;i 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 aq 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 (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 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 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 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 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 B Y Date: .� L 7C Carr A, SFWMD Office of Counsel Approved: Un Date: Date: Agreement No. 4600000589, Page 11 of 11 THE BOARD OF COUNTY � COMMISSIONERS OF ATTEST: _ � .� Entity's Legal Name: COLLIER COUNTY, FLORIDA DViGAI, E. FROCK, Ckvrk _ _ _ - f'• By - �' r ep By Authorized Official: g' 31 S c�� � ►'nan ; S ignatur* pq j y Approved as to form and legal Printed Name: JAMES COLETTA sufficiency 2istant Title: CHAIRMAN Co my Attorney Date: Agreement No. 4600000589, Page 11 of 11 Exhibit "A" Statement of Work Collier County Public Utilities South County Reverse Osmosis (RO) Expansion A. IntroductionBackground 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 I of 3, Exhibit "A" of Agreement No. 4600000589 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 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 �Y 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 Y�1 t £ �u 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. 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 2 of 2, Exhibit `B" of Agreement No. 4600000589 t £ 3 1A t'x 0!1 9 'A' 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 Welliield Expansion N/A N/A N/A 5.1 August 1, 2007 N/A $375,000 Installation of nine (9) Hawthorn Zone 1 Wells 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 1, 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 $2,200,000 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. 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 2 of 2, Exhibit `B" of Agreement No. 4600000589 Project Name EXHIBIT "C" REPORTING FORM Project Summary Final Report — FY 2007 Project Manager SFWMD Contract Number Project Owner Describe Project constructed: Cost for this Phase Type of Alternative Water Quantity of Water Made Available �MGD) Upon Completion of This Phase Construction Duration Supply Proposed Actual Start Finish $ $ Local funds $ $ Cost for this Phase Proposed Actual Total Construction Cost — This Phase 1 $ $ Funding for this Phase 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. 4600000589 b _Z O J J O LL w F- LL O U) U) Z 0 F- Z w 2 w /w Of V U) O F- F- Z D Of 0- F-- Z w w 2 F- O F- 0 w Of U) 0 Z LL 16,,4 � U U N C � C �a s o }' f6 'V C UC c CD L LL _ m N N � L U O O O cn 2 +r CO n CUO ,WUoC: Em o :g U a) acr� i C C CEOL`~ o cm L f6 O O _U C� C.2 _c (D m L EOam) 3La.- U Cn >, N O) .� 'v to E " a c O M L . N U-0 Qn- _ U O M N L N CV � Q CF) O L O � — 0 u m m CU Q.0 E cv WLL� c 4=U�Q _ C: CD ca c� w z cn U O Cn C1 dQ 4-- U O M Cv U- O O EO cn O U- 0 vUi 0 00 v� 0 0 0 O 0 �t 4 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Pahn 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.sfwind.gov December 7, 2006 Mr. Roy Anderson Collier County Public Utilities 3301 East Tamiami Trail Bldg. H Naples, FL 34112 Dear Mr. Anderson: 0 Subject: Contract # 46000005% 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 submittld, 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 BH /kp Enclosure c: Robert Verrastro- MSC4360 GOVERNING BOARD Kevin McCarty, Chair Alice J. Carlson Irela M. Bague, Vice -Chair Michael Collins Miya Burt - Stewart Nicolas J. Gutierrez, Jr., Esq. Lennart E. Lindahl, P.E. Harkley R. Thornton Malcolm S. Wade, Jr. EXECUTIVE OFFICE C C7 Carol Ann Wehle, Executive Director 1 �gI�IN�A� SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2006 — 2007 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM Recipient: Collier County Public Utilities Agreement Number 4600000596 Recipient's Project Manager: Roy Anderson Governing Board Approval Date: October 12, 2006 Address: 3301 East Tamiami Trail, Bldg. H District Funding Amount: $326,000.00 Naples, FL 34112 Contract Term: October 1, 2006- September 30, 200'7 Telephone No: (239) 530 -6278 Fax No: (239) 530 -5378 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 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. 4600000596, Page 2 of 11 a 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 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 cusfwmd.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 11 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 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 6 4 (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 I6 C4 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 /4�• ,per . 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. 4600000596, Page 9 of 11 41 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 4 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 go Date: SFWMD Procurement Approved: Frank Hayden, Procurement Director B I' �'� f c tc ,'CLC� c .i i� Date: SFWMD Office of Counsel Approved: LIM ATTEST: DWIG T E'. BROCK; Clerk By . 17.E uty k' Date Attwst. 1s C1i�i't sass x ai'finjE.:Wz M, I Approved as to form and legal sufficiency As istant C- odniy Attorney Date: THE BOARD OF COUNTY COMMISSIONERS OF Entity's Legal Name: COLLIER COUNTY, FLORIDA By Authorized Official: Printed Name: JAMES COLETTA Title: Date: CHAIRMAN Agreement No. 4600000596, Page 11 of 11 s "1 Exhibit "A" Statement of Work Collier County Public Utilities Northeast Water Treatment Plant - Phase 111 A. IntroductionBackground 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 1r 4"9� 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 16 Cy 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, approximately 700' casing Lower Hawthorn monitoring well to approximately 900' total depth. Due Date: August 1, 2007 Task 11 — The Recipient shall install 6 -inch, approximately 700' casing Lower Hawthorn monitoring well to approximately 900' total depth. Due Date: August 1, 2007 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 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 1� L '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 YY� 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 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 n-4 } r t+ .+ Cost for this Phase Type of Alternative Water Quantity of Water Made Available (MGD) Upon Completion of This Phase Construction Duration Supply Proposed Actual Start Finish F— $ Local funds $ $ Cost for this Phase Proposed Actual Total Construction Cost — This Phase $ $ Fun ' for this Phase 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 co 2 w b Z_ O J J O LL W F- LL O U) U) Z 0 Z W 2 W w U) 0 Z U) a. _H H Z w LI 2 H O w Q Q U) 0 Z LL ki U U N c t oc oQ� V c f0 O .oc LL =3 c_ .C: c� L co .Q v N O 0) O CU .� Co co C L �U 0 ECUa)O m -a cc U CD Q) U- -a c C E -C `t""O cu 4- Cl) L Cu Q� U c c � cv s •>. �S O -r- cu O .N Q U) +� E a O L- :3 a _ U CD M M � ti Ucn N � . .0 O N U) -O a a) L N H O � •� 0) Q L O N — L � > ate, 0 .-� U cu Co Q -E a0 m 4=U�Q c " � :p U O C � E�c�a� Ln � U cn,U CD oNaZ < CL cOn U O co N LLLL N E cn o U- 0U N 161`4 0���i����. SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2006 — 2007 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM Recipient: Collier County Public Utilities Agreement Number: 4600000596 Recipient's Project Manager: Roy Anderson Govemin'g board Approval Date: Octrtber 12, 2006 Address: 3301 East Tamiami Trail, Bldg. H District Funding Amount: $326,000.00 Naples, FL 34112 Contract Term: October 1, 2006 - $epteftber 3% 2007 Telephone No: (239) 530 -6278 Fax No: (239) 530 -5378 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 I of 11 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. 4600000596, Page 2 of 11 16u4 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 16 4 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(- ,,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 11 16 C4 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 a 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 16C4''. (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 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 I6 "-- 4 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. 4600000596, Page 9 of 11 'T" 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 1�., i,�i 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: i B l /'� z ct' :G ^, ��C L [ 4 J� Date: .l1 SFWMD Office of Counsel Approved: I: ATTEST: DWIGHT E. BROCK, Clerk By__ pepujLy, _ Date ice~ A t i 9. t d Olf P/dR S S i 4itjtwrt un i M Approved as to form and legal sufficiency mull Assistant Co my Attorney 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. 4600000596, Page I 1 of 11 Exhibit "A" Statement of Work Collier County Public Utilities Northeast Water Treatment Plant - Phase 1B A. IntroductionBackground 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 C� 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 14 6 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, approximately 700' casing Lower Hawthorn monitoring well to approximately 900' total depth. Due Date: August 1, 2007 Task 11 — The Recipient shall install 6 -inch, approximately 700' casing Lower Hawthorn monitoring well to approximately 900' total depth. Due Date: August 1, 2007 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 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 k 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 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 Project Manager SFWMD Contract Number Describe Project constructed: Project Owner it� v Cost for this Phase Type of Alternative Water Quantity of Water Made Available (MGD) Upon Com letion of This Phase Construction Duration Supply Proposed Actual Start Finish $ $ Local funds $ $ Cost for this Phase Proposed Actual Total Construction Cost — This Phase $ $ Funding for this Phase 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 M� W X W O Z_ O J 0 W H LL O U) U) z O H Z W 2 W LU ry Q Cl) H 0 Z D Of D CL H Z W W 2 H O 0 Q Q U) Z D LL 16 P4 � U U N C N c 4 (f)U 0 0) O Z .5 Uca�i U- ca � N � Co L 4-- o° � O � D p cn m Q CU �Uo� o U--0, E, c c E a) a cy- a� m 2-- U_ Q 0 U 'p c .0 c .c L E (a L O U N >, cc N .T E U a C � N :a p- U Co M (n a) L ti U N L a N c L N � Q -C Q CD O � O L > -C O c6 m cu< E ca � +, U to 3 Eo i c� co w U 2 u) aQccn L .V u4-- U O NO cn O O O U) O �0UU) 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 ° rn Bldg. H Naples, FL 34112 r; C Dear Mr. Anderson: Subject: Contract # 4600000596 FY2007 AWS - Project # LWC -8 Please find enclosed two (2) replacement copies of the cover sheet for the contract referenced above. The two original contracts that were mailed to you on December 7, 2006 referenced the correct contract number, but the Project Title and Description were incorrect. Will you please replace the cover sheet with the ones that are enclosed with this letter and destroy the cover sheet on the earlier set of originals that you received? I apologize for any inconvenience this oversight may have caused. 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 Enclosures c: Robert Verrastro- MSC4360 GOVERNING BOARD Kevin McCarty, Chair Irela M. Bague, Vicr -Chair Miya Burt - Stewart Alice J. Carlson Michael Collins Nicolas J. Gutierrez, Jr., Esq Lennart E. Lindahl, P.E. Harkley R. I'hornton Malcolm S. Wade, Jr. EXECUTIVE OFFICE Carol Ann Wehle, Executive Director 16;4 '1 ORIGINAL 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 -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 -5 : Northeast Water Treatment Plant — Phase 111 Agreement No. 4600000596, Page 1 of 11 ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT 4D 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 -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 -5 : Northeast Water Treatment Plant — Phase 111 Agreement No. 4600000596, Page 1 of 11 TRANSMITTAL, ACTION & CONTROL PUBLIC UTILITIES DIVISION CONTROL # 02- 12/13/06 -1 To: Public Utilities Administrator Date Received: 1. Purpose of Transmittal: Request signature for BCB contract #4600000589 1664 1 2. Summary: This contract is for a $2,200,000 Grant for the SCRWTP RO Expansion and Wellfield Expansion 3. Recommendation: For Signature: X (check one) For Review: t J mes W. D Lony, P.E. tilities Administrator Routins/Coordination/Approval Dept. Comments Name Date 02 Roy Anderson; f G C 4C�._... iz ,iy o 01 Tom Wides 01 - Administration 04 - Pollution Control 07 - Wastewater 02 - Engineering 05 - Solid Waste 08 - Water 03 - Operations 06 - Utility Billing 09 - Dianne Janson Instructions for Control #: First, list the Department No. (Ex: 06) as shown above, then list the date (Ex: 08/19/02) -1. The - 1 at the end means this is the first transmittal this date. If you have another transmittal the same date, it would be - 2 at the end. 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 Februar y 13, 2007 District 3 Fred W. Coyle District 4 Mayor Sammy Hamilton Jr. Jim Coletta City f Everglades City y g y District 5 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 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 Page 1 of 3 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. 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. Page 2 of 3 16 r 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, ier County Board of County-Coffmissioners osure 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 wofl'� (626wt��� 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3602 Donna Fiala District 1 Frank Halas District 2 Tm February 13, 2007 District 3ning Fred W. Coyle District 4 Mayor Bill Barnett Jim Coletta City f Naples City all y p y District 5 735 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 Page 1 of 3 r� 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. 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. Page 2 of 3 1606 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. Si yColletta, Chairman, District 5 flier County Board of County Commissioners 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 93oaaal VpaAe,w Womno fomwma�� 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 Februar y 13, 2007 District 3 Fred W. Coyle District 4 Terri DiSciullo, Chairwoman Jim Coletta City f M Island City Council y Marco y District 5 50 Bald Eagle Drive Marco Island, FL 34145 Re: Adoption of Non - Residential Recycling Ordinance by the City of Marco Island Dear Ms. DiSciullo, o- o, AN1k UI.TI�^ 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 Page 1 of 3 16 C6 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. 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. Page 2 of 3 166 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. e a, airma , Histrict 5 ollier County Board of County Commissioners Enclosure 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 INTERLOCAL AGREEMENT FOR FUND SHARING: 16 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: FE3 904 C 13, Z00% ATTEST -,\ DWIGHT E. BROCK ;'CLERK 1n Approved as to form and Legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: Jim etta, Chairman Robert Zachar Assistant County Attorney ATTEST: CITY CLERK', r4Rr� f1. -/0oR ncL/ Approved as to form and Legal sufficiency: City Attorney CITY OF NAPLES, A FLORIDA MUNICIPAL CORPORATION BY:�l � City Man r f DATE: Z f l ice_ i y O .ate b w rn cr ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP1 6 D 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature draw a line through routine lines st ta....,nt, «n .... _ _ _ Route to Addressee(s) (List in routing order) I. 2. 91 .3 5. Sue Filson, Executive Manager 6. Minutes and Records Office of County Commissioners Clerk of Court's Office Initials Date PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created'prepared the executive summary. Primary contact information is needed in the event one of he addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Susana Capasso Phone Number Contact 254-4018 Agenda Date Item was 2/13/07 A roved b the BCC Agenda Item Number 16D I Type of Document Interlocal Agreement Number of Ori mat Attached Documents Attached (please ce both to Parks Rec INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is a ro riate. Yes N/A (Not k�ngmal aocument has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the m SC exception of most letters, must be reviewed and signed the Office of the County Attorney. This includes signature pages from ordinances, re resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all SC other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. SC 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are required SC 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC SC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on 2/13/07 _(enter date) and all changes made during the meeting have been incorporated in the attached document. The SC Coun Attorney's Office has reviewed the h,,.. -ee 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 903.04, Revised 1.26.05, Revised 2.24.05 02/22/2007 08:59 2392131025 CITY CLERK rt p,E *?,. City of Naples Date: February 21, 2007 To whom it may concern: The following is new address in the City of Naples. Please add to your records. EFFECTIVE: PROPERTY OWNER: PROJECT NAME: ADDRESS: February 21, 2007 City of Naples Pulling Park 70 Riverside C)rcle NqK �seFL MIIN�e a�i7Z�iMU ZIP CODE: 34102 >f UNPLATIED LANDS GOVT LT 5 LYG W OF GORDON RIVER, LESS W 20 LEGAL ADDRESS: AC BEING W1/2 OF SW 1/4 OF NEI /4 16.71 AC, LESS 1.43 AC IN OR 772 -759, LESS 6.40 AC IN OR 2063 PG 383, LESS OR 2267 PG 586 O �y Parcel: 20762000001 If you have any questions or concerns, please feel free to call me at 213 -5029. .a>. ►o Sincerely, - - Siwe Mwroa v, Sue Monroe ^' Land Management Coordinator xe CC: City PUS (Cnmmuniotorx) Collier County Properly Appraiser Emtarq F oDMy owner Fax: (239) 7744" U. S. Post Orr= city its c,,,My GIs Collier County Sheriffs Office (911) Fax: (239) 435-2160 Fax: (239) 7939337 FP h L Collier County Supervisor of Electors Naples Dairy Nerve 02/22/2007 06:59 2392131025 a City of Naples Date: February 21, 2007 CITY CLERK PAGE UY 16D1 &jftffdz*MM yi� su"CM ry�R� RIM 41�L 1 FUMM To whom it may concern: The following is newaddress in the City of Naples. Please add to your records. EFFECTIVE: PROPERTY OWNER: PROJECT NAME: ADDRESS: February 21, 2007 City of Naples Pulling Park 20 Riverside Circl ZIP CODE: 34102 LEGAL ADDRESS: UNPLATTED LANDS GOVT LT 5 LYG W OF GORDON RIVER, LESS W 20 AC BEING Wl /2 OF SW1 /4 OF NE1 /4 18.71 AC, LESS 1.43 AC IN OR 772 -759, LESS 6.40 AC IN OR 2063 PG 383, LESS OR 2267 PG 586 Parcel #: 20762000001 If you have any questions or concems, please feel free to call me at 213 -5029_ Sincerely, Sue wtofaw Sue Monroe Land Management Coordinator CC: City P &ES (Communications) City GIS County GIS Collier County property Appraiser Fax: (239) 774.8834 Collier County Sheriff's Office (911) Fax: (239) 793 -9337 Collier County Supervisor of Elections Emoarq Property Owner U. S. Post Office Fax: (239) 435-2160 FP &L Naples Daily News Cost Center Info for Pulling Prop and Everglades Page 1 of 1 Martha S. Vergara 16 D 1 From: CapassoSusana [SusanaCapasso @colliergov.net] Sent: Thursday, February 15, 2007 2:19 PM To: Martha S. Vergara Subject: Cost Center Info for Pulling Prop and Everglades Hi Martha, As per our telephone conversation earlier, the cost fund center information for Pulling Property and Everglades City Hall Restoration are as follows: Pulling Property - the funds for this project are split between two cost centers as follows: a) $300K - 306 - 156311 - 763100 WBS# 800421 (capital projects fund) b) $400K - 001 - 103010 - 881300 (general fund) • Everglades City Restoration Project - 306 - 116360- 763100 WBS# 800611 If there is anything else you need, do not hesitate to call me. I will stop by tomorrow afternoon. Thanks and regards, Susana Capasso Operations Coordinator Collier County Parks & Recreation Department 15000 Livingston Road, Naples, FL 34109 Phone: (239)-254-4018 / Fax # 514-8657 E-mail: SusanaCapasso@colliergov. net Z sc ni 10 Eck r Gccard�"� J-0 4 S 2/15/2007 Pulling Property Page 1 of 1 Martha S. Vergara 16D1 From: CapassoSusana [SusanaCapasso @colliergov.net] Sent: Thursday, February 22, 2007 9:41 AM To: Martha S. Vergara Subject: Pulling Property - — Good morning Martha, Address information for Pulling Property is as follows: Property Owner: City of Naples "1 Property name: Pulling Park r Address: 20 Riverside Circle Zip Code: 34102 Please provide us with two recorded originals and charge recording fees to 111 - 156310 Thanks and regards, Susana 2/22/2007 Page 1 of 1 161 zachary_r From: Martha S. Vergara [ Martha .Vergara@clerk.collier.fl.us] Sent: Thursday, February 22, 2007 10:18 AM To: zachary_r Subject: Interlocal Agreement for the Pulling Property Good Morning Mr. Zachary, I'm bringing this Interlocal Agreement to your office for your review. We need to know if it's alright for the Property Location sent to us via e -mail, can be attached to the Agreement for recording. Please let me know once you have reviewed, I'll pick it up.. C2 l< i2A/? _ Thanks, 3-7-67 Martha Vergara Deputy Clerk - BMR 239- 732 -2646 ext. 7240 3!7/2007 Page 1 of 1 Martha S. Vergara 16 D 1 From: CapassoSusana [SusanaCapasso @colliergov.net] Sent: Wednesday, March 07, 2007 4:03 PM To: Martha S. Vergara Cc: NelsonTona; Williams, Barry Subject: RE: Pulling Property Attachments: Pulling Property Address.pdf Hi Martha, Thank you for staying on top of this. The recording fees can be charged to 111 - 156310 - 64490. Rather than adding the e -mail as part of the public record, could we add the attachment (this is what I received from the City of Naples). I will be at the Gov Center tomorrow and can stop by and pick up the ILA between 12:30 and 1 pm. Thanks and regards, Susana From: Martha S. Vergara [mailto: Martha .Vergara @clerk.collier.fl.us] Sent: Wednesday, March 07, 2007 11:51 AM To: CapassoSusana Subject: FW: Pulling Property Susana, My Supervisor just said we can't edit the original document, so all I'll need is the recording cost number. Thanks Martha From: Martha S. Vergara Sent: Wednesday, March 07, 2007 11:42 AM To: 'CapassoSusana' Subject: Pulling Property Morning Susana, The recording dept is saying that the cost number that you sent is not complete, its missing a set of six numbers. Also they want to know if you would like the address written onto the original document or would you like the e- mail as part of the public record. Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 Under Florida Law, e -mail addresses are public records. Ifyou do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3/7/2007 Page 2 of 2 Martha Vergara 1 6 ® y I Deputy Clerk - BMR 239- 732 -2646 ext. 7240 Under Florida Law, e -mail addresses are public records. lfyou do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3/8/2007 02/22/2007 08:59 2392131025 id City of Naples Date: February 21, 2007 CITY CLERK PAGE U2 MrwaYnw•�wy�w,w" No* R 311M 23911m FUM3bORS To whom it may concern: The following is newaddress in the City of Naples. Please add to your records. EFFECTIVE: PROPERTY OWNER: PROJECT NAME: ADDRESS: February 21, 2007 City of Naples Pulling Park 20 Riverside Circle ZIP CODE: 34102 LEGAL ADDRESS: UNPLATTED LANDS GOVT LT 5 LYG W OF GORDON RIVER, LESS W 20 AC BEING wl /2 OF SW 1/4 OF NE1 /4 18.71 AC, LESS 1.43 AC IN OR 772 -759, LESS 6.40 AC IN OR 2063 PG 383, LESS OR 2267 PG 586 Parcel #: 20762000001 If you have any questions or concerns, please feel free to call me at 213 -5029. Sincerely, r sac Sue Monroe Land Management Coordinator CC: City P &ES (Communications) Collier County Property Appraiser Embarq Property Owner City GIs Fax: (239) 774 -8834 U. S. Post Office County GIs Collier County Sheriff's Office (911) Fax: (239) 435-2160 Fax: (239) 793 -9337 FP & L Collier County Supervisor of Elections Naples Daily News 1+ x- O -v C-0. rn v. N 16D3 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF MARCH 17, 20089 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16D4 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Off ce only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete p4h the exception of the Chairman's signature. draw a line thrnnoh rnntina lin— Al ri, «.,,,,a, 4A - • -- -_ __a__ Route to Addressee(s) Office torwaro to Sue Filson Initials (line #�). Date ` (List in routing order) 10% /\% 9C)74._ Sat' er Applicable) 1, can reed. 60 Agenda Item N tuber 2. e21 U % � (p Type of Document Attached nn //, �D�t SUt�1. Number of Original 3. contracts, agreements, etc. that have been fully executed by all parties except.the BCC Documents Attached Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's c,a 4. Office and all other parties except the BCC Chairman and the Clerk to the Board 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office 71✓ PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact -staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff s� Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number N/A (Not Contact 10% /\% 9C)74._ Sat' er Applicable) Agenda Date Item was t3 Agenda Item N tuber Approved by the BCC e21 U % � (p Type of Document Attached nn //, �D�t SUt�1. Number of Original contracts, agreements, etc. that have been fully executed by all parties except.the BCC Documents Attached 7 -3Z INSTRUC'.TIONR & rrm.rrrr .TG2T I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 s� Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not I. appropriate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, C resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except.the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approkal of the document or the final negotiated contract date whichever is applicable. 71✓ 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. i Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! - .6.. _.._ -The -do cument -was appr-oved -by- the-- B CC_ on- -1 -3 -n_ __._(enter -- date)- and all- changes .. . - - made during the meeting have been incorporated in the attached document. The .� / County Attorney's Office has reviewed the changes, if applicable. `k I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D4 MEMORANDUM Date: October 22, 2008 To: Tona Nelson Sr. Administration Assistant Parks & Rec. Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -32: Fee Policy Enclosed please find two recorded copies of the above mentioned items (Agenda Items #16D4), which were approved by the Board of County Commissioners on Tuesday, February 13, 2007. The Minutes and Records Department have kept the original Resolution for the official records. If you have any questions, please call me at 252 -8411. Thank you. Enclosures 4 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. 11. 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. III. 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. 16D Agenda Item No. 7BD44 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 5 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 1/o) 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 Gymnasium $30.00 1$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 $50.00 $100.00 NCRP Gymnasium (per court) $30.00 $100.00 Sugden Amphitheater $30.00 $60.00 Open Green Space 100 x 100) $10.00 n/a Athletic Facilities for General Use (i.e. Special 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 /RacquetballNolleyball/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 1064 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) $25.00 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 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. C. Additional Fees: Categories I and II Service Additional Fee Per Hour Rental during non - business hours $20.00 (hours that are not normal departmental operation) Additional non - security staff $15.00 per staff member members Additional security staff members $20.00 per hour per staff member needed as determined by department 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 parking permit for $30.00. 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 E. F. G. H. Agenda Item No. 16D4 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. 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. Reserved 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. 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 Agenda Item No. 161D4 February 13, 2007 Page 8 of 16 Fees are applicable to Category I users only. League Type Fee per participant per league play 16D4 Adult $30.00 Youth $1.00 (includes play -offs or per registered youth per week all -star play) of league play 3. Clinics: : 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 tournament -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. I. Collier County Racquet Centers: 1. Pelican Bay Community Park Tennis Facility Service Rate Court Fees $10.00 per person per 1' /z hr Single Annual Membership $377.36 Couple Annual Membership $662.00 '/z Hour Private Lesson $38.00 1 Hour Private Lesson 1$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 Entrance Fees (inclusive of sales tax) Pass Fees (inclusive of sales tax) 3years and under Under 48" Over 48" Senior 60+ rs GGAC Free $2.50 $3.00 $2.50 ISC Free $1.00 $1.50 $1.00 SNF Free $5.50 $10.00 $8.00 Pass Fees (inclusive of sales tax) No corporate discounts on pool passes. Annual pass rates are for Collier County residents only. * * Please check dates and hours of operation at facility. 3. wimming Instructional Fees Type Under 48" Over 48" Senior Family GGAC 3 month $40.00 $60.00 $40.00 $100.00 ISC 3 month $35.00 $55.00 $35.00 $ 90.00 GGAC Annual ** $60.00 $80.00 $60.00 $140.00 ISC Annual ** $50.00 $75.00 $50.00 $125.00 SNF Annual 1 $80.00 1$110.00 1 $80.00 1$190.00 No corporate discounts on pool passes. Annual pass rates are for Collier County residents only. * * Please check dates and hours of operation at facility. 3. wimming 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 User GGAC ISC Children's '/z hour classes $40.00 per participant $10.00 per participant Children's % hour classes $45.00 per participant $15.00 per participant Adult % hour classes $45.00 per participant $15.00 per participant Private Lessons $15.00 per 1/2 hour I 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 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 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 yes no MRCP Fitness $7 yes yes no VTCP Fitness $4 yes yes 1 yes ISC Fitness $4 yes yes y es GGCP Pool Above see 7 yes yes no ISC Pool Above see 7 yes yes yes NCRP Lap Pool 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 1 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 r $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. 8 Agenda Item No. 16D4 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 16D4 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 & 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 $50 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 II: 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 4. Rental Fees A. Rooms A, B, C, D Category within District outside District 10 Agenda Item No. 161D4 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 ( <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 II 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 + e� 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 II $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 Il, 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. 161D4 February 13, 2007 Page 14 of 16 3. The user shall be responsible for the behavior of any parties with the user's group. 1694 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 Linit 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 8 day of�, 200/97after motion, second and majority vote in favor of passage. ATTEST DWIGHT E, BROCK, CLERK • f0 U' De Clgk- to Cha i Mao 5 to form and legal By: *eo�K�- Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Frank Halas, C ai Item # Agenda 4�21C-Q- Date Date Recd De-M Clerk 12 Item #16D4 from 2/13/07 Teresa L. Polaski From: GreeneColleen [ColleenGreene @colIiergov.net] Sent: Thursday, October 23, 2008 4:54 PM To: Teresa L. Polaski Cc: NelsonTona Subject: RE: Item #16D4 from 2/13/07 Teresa, The information referred to is clearly within the body of the resolution. I think this is a harmless error. Page 1 of 2 1604 Further, this resolution will be superseded within the next couple of BCC meetings so it will not be in effect for long. Thanks for your inquiry. Colleen M. Greene Assistant County Attorney (239) 252 -8400 Fax (239) 252 -6300 From: Teresa L. Polaski [mailto:Teresa.Polaski @collierclerk.com] Sent: Thursday, October 23, 2008 3:25 PM To: GreeneColleen; zachary_r Subject: FW: Item #16D4 from 2/13/07 Please see the attached email. This reso was sent to us and it states (twice) that a fee schedule was attached. Tona Nelson said it is included in the text, not as an attachment. Would this make the reso incorrect? I will send you a scanned copy of what was turned into us from laserfische. Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax (Teresa.Polaski @col lierclerk.com) From: NelsonTona [ mailto :TonaNelson @colliergov.net] Sent: Thursday, October 23, 2008 12:18 PM To: Teresa L. Polaski Subject: RE: Item #16D4 from 2/13/07 The fee rules are included in the resolution. There is no other attachment. The changes are underlined in the document under D (1) Beach Parking Facilities Fee; Boat Launch Facilities Fees 10/24/2008 Item #16D4 from 2/13/07 From: Teresa L. Polaski [mailto: Teresa .Polaski @colliercierk.com] Sent: Thursday, October 23, 2008 12:15 PM To: NelsonTona Subject: RE: Item #16D4 from 2/13/07 Page 2 of 2 It's in section R and again right above the signatures. "A copy of the fee rules, as hereby amended, is attached" Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239- 252 -8411 239- 252 -8408 fax (Teresa.Polaskiecol lierclerk.com) From: NelsonTona [mailto:TonaNelson @colliergov.net] Sent: Thursday, October 23, 2008 12:09 PM To: Teresa L. Polaski Subject: RE: Item #16D4 from 2/13/07 Hi Teresa, Can you tell me where the attachment B is referenced? I am having trouble finding this. Thanks, Tona From: Teresa L. Polaski [mailto: Teresa .Polaski @colliercierk.com] Sent: Wednesday, October 22, 2008 2:43 PM To: NelsonTona Subject: Item #16D4 from 2/13/07 Hi Tonia, I have received and am going to be attesting it but I need the exhibit referenced as "Attachment B" before I can attest it. Thanks Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239- 252 -8411 239 -252 -8408 fax (Teresa.Polaski @col lierclerk.com) 10/24/2008 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) 2. February 13, 2007 Agenda Item Number 16137 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Ccleen Greene County Atty CM& 2 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff eoa y N\c A-1 Pi Phone Number N/A (Not Contact appropriate. (Initial) Applicable) Agenda Date Item was February 13, 2007 Agenda Item Number 16137 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document ''50�� t1 , Number of Original Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairmanxhd Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Bea are pf your deadlines! 6. The document was approved by the BCC on 3 1 13 1 0- +(enter date) and all changes made during the meeting have been incorporated in the attached document. The ✓" County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 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 from 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: 1607 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. T� C. 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. 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 16 C4 now or hereafter amended, or as that Ordinance may be superseded in function by subsequent ordinance(s). SECTION SEVEN. REPEAL OF RESOLUTION NO. 2002-430. 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 i344- day of i- ��►►'�1 , 2007, after motion, second and majority vote favoring same. ATTEST: DWIGHT BRQCJ' , Clerk BOARD OF COUNTY COMMISSIONERS. w. COLLIER COUNT', FLORIDA s By: By: Peputy Clerk/ JA S N. COLETTA, Chairman b Approved as to form and legal sufficiency: (V Colleen M. Greene Assistant County Attorney 7 eA C1_ .k 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 from 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: 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. 1607 11 C. 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. 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). SECTION SEVEN. REPEAL OF RESOLUTION NO. 2002-430. 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 i3 day of 2007, after motion, second and majority vote favoring same. ATTEST: ; DWIG.�BT,, Clerk By. -� leputy.Qlexk Approved as to form and legal sufficiency: Colleen M. Greene Assistant County Attorney BOARD OF COUNTY COMMISSIONERS. COLLIER COUNT.', FLORJDA By: JA S N. COLETTA, Chairman Item # !L ,D7 r. La,7 'attty Cle ti 16D8 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF MARCH 17, 20089 i ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's si ature, draw a line throu h routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) List in routing order Office Initials Date 1. Terri Daniels Housing Human Services Dept. Initial) 02/13/07 2. February 13, 2007 Agenda Item Number 16D9 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. Agreement Number of Original 3 Attached I I Documents Attached 4. contracts, agreements, etc. that have been fully executed by all parties except the BCC - ---- -_ _ __ 5. Sue Filson, Executive Manager Board of County Commissioners 2. 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Terri Daniels Phone Number 732 -2689 Contact a ro riate. Initial) Applicable) Agenda Date Item was February 13, 2007 Agenda Item Number 16D9 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Agreement Number of Original 3 Attached I I Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. ljq aware of your deadlines! 6. The document was approved by the BCC o T_(enter date) and all changes made during the meeting have been incorporaied In the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16 7 9 Letter of Agreement THIS LETTER OF AGREEMENT made and entered into in duplicate on the 13th day of Feb. , 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. 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. WITNESSETH: IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day and year above first written. ATTEST:, ` . ,- DWYUHT' E: BRQ(i;K, Clerk Y Y De 1 bCl�. . �t I oj"4f P11 l+ ►'Ran Approved as to form and legal sufficiency A sistan ounty Attorney Collier County App_September 5, 2006, 8M. COLLIER COUNTY HUMAN SERVICES BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: J s Co etta, ChairmaK Board of County Commissioners Date: Fdxuary 13, 2007 STATE OF FLORIDA: Carlton D. Snipes Assistant Deputy Secretary for Medicaid Finance Agency for Health Care Administration Date 169 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. • 1' MEMORANDUM Date: February 16, 2007 To: Terri Daniels, Grants Supervisor Human Services Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Letter of Agreement between Collier County and the State of Florida Enclosed, please find three (3) original documents as referenced above (Agenda Item #16D9), approved by the Board of County Commissioners on Tuesday, February 13, 2007. After execution please forward a fully executed copy to the Minutes and Records Department. If you should have any questions, please call 732 -2646 x 7240. Thank you. Enclosures (3) 16D10 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF MARCH 179 2008. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office (List in routing order) Initials Date N 3. 4 5. Sue Filson, Executive Manager 6. Minutes and Records Board of County Commissioners Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Marlene Foord/Marcy Krumbine Phone Number 774 -8971 Contact Agenda Date Item was February 13, 2007 Agenda Item Number 16D 11 Approved by the BCC Type of Document Memorandum of Understanding & Letter Number of Original 1 each Attached Documents Attached INSTRUCTIONS & CHECKLIST l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes 1. appropriate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from' contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. of Tf 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. r-1 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on ,, 1 _(enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Ccletta District 5 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3602 February 13, 2007 Diane M. Stuart, Director Office on Violence Against Women 800 K Street, NW, Suite 920 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. Sincerely, James Coletta Chairman Collier County Board of County Commissioners 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 201h Judicial Circuit Court, the Collier County Sheriff's Office, 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 20`h 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. 1 Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 OVW- 2007 -1525 16 :, L tI + 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. 201h 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 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 Sheriffs Office 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. 3 Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 OVW- 2007 -1525 IV. Time Line The roles and responsibilities described above are contingent Government, receiving the funds requested for this project in on the grantee, Collier County 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 here-in-, d approve it in its entirety. Date Q - -�-- O Jacqueline Griffith Stephens Executive Dir r Collier Co i v ncil By Date J. _ LJ } James Coletta Chairman Collier County Board of Commissioners Approved as to form and legal sufficiency e— Y B Date L I 'I Thomas Palmer Assistant Collier County Attorney ATTEST DWIGHT; L': 13R0JMwXL�ERK BY: At *t>:as to�A� �. s iwivio. on l r Dat Kathy'Merrmann Catino Chief Executive Officer Shelter for Abused Women and Children By ` V ." � Date "' L L. C n Jeffreys Court Administrator Twentieth Judicial Circuit Court By 4J (C „ Date 9171A "7 David Schimfnel ' Chief Executive Officer David Lawrence Center Date Don Hunter Sheriff Collier County Sheriff's Department ny�-Ict 4 Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 OVW- 2007 -1525 ii 16 Y� 3301 East Tamiami Trail • Naples, Florida 34112-4977 app (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 ITEM NO.: FILE NO.: �%- G 000 0 ROUTED TO: 16 D 11"'1 DATE RECEIVED: GRANT ITEM - TIME SENSITIVE DO NOT WRITE ABOVE THIS SPACE (Orig. 9189; Rev. 6/97) REQUEST FOR LEGAL SERVICES (Please type or print) Date: 01/30/2007 To: Office of the County Attorney, Attn: Tom Palmer From: Marcy Krumbine, Director, Human Services Department, Public Services Division Marlene Foord, Grants Coordinator, Administrative Services p`�,40L4 Telephone # (Very Important): 774 -8442 — Marcy, 774 -8971 - Marlene 1)r, r Re: MOU for Safe Havens Grant (Subject) ( vL t .l `'"i 4 BACKGROUND OF REQUEST/PROBLEM: WLl` P�f (Describe problem and give background information - be specific, concise, and articulate.) `' Collier County Government is submitting a grant application as the fiscal agent for Safe Havens, a supervised visitation and safe exchange program.The attached MOU outlines the roles and responsibilities of each of the collaborating partners of this grant project. This is our third grant submittal. Collier County was funded in 2005 and was not awarded in 2006. (Are there documents or other information needed to review this matter? If yes, attach and reference this information.) 1. MOU 2. Grant Abstract This item has/has not been previously submitted. (If previously submitted provide County Attorney's Office File No.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) Review for legal sufficiency. OTHER COMMENTS: �c cc: (A_I_l requests must be copied to your appropriate Division Head or Constitutional Officer.) oCA- sir CO w1 r✓i Lt Il L. n 1 I 1 �f t.s a v r`ow�L 4 c-L. -�-� a--n -` w ; ,V , k -*,,� , v"I ,,�Gj FROM FAX N0. Feb. 20 2006 0655AM P1 ID r� xe� Smrt Afth D"WA ldeysJ uol old* cane Oar Now magfo Cffxmw IGMr 07 A19012008 ca "�" as w rb err qe. MW _ye .fir Aug �. 2 7tri^9••• .can 1011!2007 8/30/2009 Md 282d 3 • 4 Pmvi%on of Servtft 1&1=7 17rI/Z0i07 IMM07 1691 /.tflpg 24d 205y S Otlx(1 Ionll ? 10fl/Z007 .89p ti ~� r—n POV oCA- sir CO w1 r✓i Lt Il L. n 1 I 1 �f t.s a v r`ow�L 4 c-L. -�-� a--n -` w ; ,V , k -*,,� , v"I ,,�Gj �n o d ¢ > o v > � g a i 0 3 v ¢ > a 0 3 0 a c o � � O N IN U U pp 8 S N f� O 0o O CO O O O O O (A O O O O O O O Q1 O O O y O O O O O O O O O N M fh 1+07 M M M a O M 00 M 00 M 85 CD N T ° C N E N E r 0 r r m co h Q a c y E 0) ~ a c FL 0 �p E C c c c CC o Q Q Q Q 0 O >. W p C LL yyc Q/ (A CO W (Q In d Q cn a LL 16DJI How to Apply DOJ is participating in the e- Government initiative, one of 25 initiatives included in the President's Management Agenda. Part of this initiative -- Grants.gov — is a "one -stop storefront" that provides a unified process for all customers of federal grants to find funding opportunities and apply for funding. Grants.gov Instructions Complete instructions can be found at www.arants.gov. Please note that Grants.gov is not the Grants Management System (GMS) through which OVW applicants have submitted applications in previous years. If you experience difficulties at any point during this process, please call the Grants.gov Customer Support Hotline at 1- 800 - 518 -4726. In addition, applicants must send via overnight delivery a complete hard -copy original of the application, including signed copies of all required Assurances and Certifications, postmarked by Tuesday, February 13 2007 to: The Office on Violence Against Women c/o Lockheed Martin Aspen Systems Corporation OVW Safe Havens: Supervised Visitation and Safe Exchange Program Mail Stop 21K 2277 Research Boulevard Rockville, MD 20850 (301) 519 -5000 CFDA Number The Catalog of Federal Domestic Assistance number for this program is 16.527, titled "Supervised Visitation Program" and the funding opportunity number is OVW- 2007 -1525. A DUNS Number is Required The Office of Management and Budget requires that all business and nonprofit applicants for Federal funds include a DUNS (Data Universal Numeric System) number in their application for a new award or renewal of an award. Applications without a DUNS number are incomplete. A DUNS number is a unique nine -digit sequence recognized as the universal standard for identifying and keeping track of entities receiving Federal funds. The identifier is used for tracking purposes and to validate address and point of contact information. The DUNS number will be used throughout the grant life cycle. Obtaining a DUNS number is a free, simple, one- time activity. Obtain one by calling 1- 866 - 705 -5711 or by applying online at hftp://www.dunandbradstreet.com. Individuals are exempt from this requirement. What an Application Must Include Applicants must complete each of the following sections as part of their response to this solicitation. It is the responsibility of the applicant to ensure that the application is complete. OVW will remove the application from consideration prior to peer review if the application is incomplete. For each section listed below, please note the corresponding maximum point value that may be assigned during the review process. The proposal should follow the order below for easy reading. Please be sure to number each page of the application Peer reviewers will not receive materials submitted beyond those required by this solicitation. 11 16DI I Applications must use the following page format requirements: • Double spaced • 8' /s x 11 inch paper • One inch margins • Type no smaller than 12 point, Times New Roman font • No more than one page each for Summary Data Sheet and Abstract • No more than 5 pages for Status of the Current Project (if applicable) • No more than 20 pages for the Project Narrative (Items D through G below) Application for Federal Assistance (SF -424) The SF -424 will be filled out online through Grants.gov. However, it should also be printed out and included in the hard copy that is submitted. The Catalog of Federal Domestic Assistance number for this program is 16.527 (block 10). Please be sure that the amount requested matches the amount in the submitted budget. Budgets must reflect the full length of project activity, and the total "estimated funding" (block 15) on the SF -424 must reflect either 24 or 36 months. Applicants must ensure that the information for the authorizing official and alternate contact is filled out correctly. The authorizing official is the individual authorized to accept grant funds on behalf of the jurisdiction applying. Standard Assurances and Certifications Regarding Lobbying; Debarment, Suspension, and Other Responsibility Matters; and Drug -Free Workplace Requirements (Form 406116) Review the assurances and certification forms. Agreement to these assurances and certifications will be assumed upon receipt of an application received through Grants.gov. Narrative (Total 65 Points) The following narrative will be submitted as an attachment in Grants.gov. A. Summary Data Sheet (not to exceed one page) Please identify the following: • Name, title, address, phone number, and e-mail address for the authorized official; • Legal name of the applicant and type of agency (i.e., state government, local unit of government, or tribal government); • The nonprofit, non - governmental victim services program collaborating on this project; • Name, address, phone number, and fax number for the visitation center(s) involved in the project (for jurisdictions in which centers are being proposed but are not yet in existence, provide the name of each jurisdiction in which a center is being proposed); • Whether this is a new or continuation application (including the type of continuation project for which the grantee is applying); and • Contact information, including an email address for the project director or primary person to be contacted on matters involving the application. B. Abstract/Proposal Summary (not to exceed one page) A project abstract, when read separately from the rest of the application, is meant to serve as a succinct and accurate description of the proposed project and should concisely describe the project goals and objectives. Summaries of past accomplishments should be avoided in the abstract. 12 Abstracts will be reviewed by the peer review panels according to the following criteria: • Conciseness; and • Accuracy in summarizing the Project Narrative. C. Status of the Current Proiect (not to exceed 5 pages) Only applicants for continuation funding need to complete this section. This section will just be used for internal review. Applications that do not meet the criteria below may receive a deduction in points. This section should be provided on a separate page as it is a separate section from the program narrative and does not count toward the page limits of the narrative. State what has been accomplished with previous funding under the Supervised Visitation Program, including the following: • A description of the goals and objectives from the prior grant period and a brief discussion of the status of the existing project; • The status of any project products; • Any unanticipated obstacles to project implementation; • The approximate unobligated amount of award funds remaining as of February 13, 2007, the anticipated time line for expenditure of all remaining funds within the grant award period, whether the grantee anticipates requesting a no -cost extension of the award, and the likely timeline for such a request; and • A list of all OVW- sponsored technical assistance events attended during the life of the current award, including the title, location, and date(s) of each. This section should be as clear and succinct as possible. Additionally, current projects will be rated by OVW using the following criteria: • Whether progress reports submitted by the applicant, in conjunction with monitoring conducted by OVW, demonstrate the effectiveness of the current project, indicating progress toward meeting project goals and objectives, and demonstrate that the current project has progressed in a timely manner as outlined in the original proposal; • Whether the grantee has demonstrated that past activities supported with Supervised Visitation funds have been limited to program Purpose Areas; • Whether the grantee has complied with all special conditions of its existing grant award from the Department of Justice; • Whether the grantee has adhered to programmatic and financial reporting requirements; • Whether the grantee has demonstrated a commitment to sustaining the project after federal funds are no longer available; • Whether the grantee appropriately utilized and actively participated in OVW- sponsored workshops and other technical assistance events as required by a special condition of the current award; • Whether the grantee has received financial clearances on all current grants from DOJ; • Whether the grantee has complied with the Office of Management and Budget audit requirement, if applicable; and • Whether grant funds have been spent in a timely manner. 13 Please note, applicants with an OVW grant history that have failed to meet grant deadlines, did not comply with Office of Justice Programs' (OJP) financial requirements, or did not comply with special conditions from previous grants, will not be considered for funding. D. Purpose of Application (10 points) This section should briefly: • Describe the problem to be addressed and how funding would alleviate it; • Identify the target population and state how the target population would benefit from the proposed project (please use current demographic information of the service area in order to be as specific and detailed as possible when describing the population to be served); • Describe current services and gaps; • Describe the community's service area in which the project would be implemented, including location, population, and demographic information; and • Describe how the proposed project complements the State's STOP Violence Against Women Implementation Plan. E. What Will Be Done (40 points) Development grant applicants should submit a statement describing how the proposed project would assist the jurisdiction(s) in addressing the identified need, the issues to be addressed during the planning process, and the expected outcomes. Applicants for development grants should provide detailed information on the project goals and objectives, describe the specific tasks and activities necessary for accomplishing each goal and objective, and include a timeline that identifies when those activities will be accomplished. Applicants should also include a letter certifying that the development project will meet the statutory and minimum requirements of the grant program (see minimum requirements on page 9). Continuation grant applicants should submit a statement describing how the proposed collaborative project would assist the jurisdiction in addressing the identified need. Applicants should also provide detailed information on the project goals and objectives, mechanisms for referrals to the visitation and exchange center, a description of the specific tasks and activities of each collaborative partner, and include a timeline that identifies when the project activities will be accomplished. In addition, applications, if applicable, must include a description of services currently offered by the existing program and how these services will be enhanced by the proposed collaborative project. In addition to the above criteria, this section will also be rated on the following: The extent to which the application clearly demonstrates continued development and /or implementation of a program to increase supervised visitation and exchange options for families with a history of domestic violence, dating violence, child abuse, sexual assault, or stalking; The extent to which the application addresses the minimum requirements of the Supervised Visitation Program; 14 The extent to which the application clearly describes the community to be served, including the diverse, traditionally underserved populations of victims of domestic violence, dating violence, child abuse, sexual assault, or stalking; The extent to which the proposed project activities reflect sound development and thoughtful innovation; and The extent to which the development and implementation strategy, the organization and staff capability, the project components, and the general timeline are clearly described. Program Specifications — Continuation Applicants Only Continuation applicants should submit a detailed description of the proposed visitation and exchange center(s). This description should include information on the following program specifications: • The purpose of the visitation center and how it reflects an understanding of the impact of domestic violence, child abuse, sexual assault, dating violence, and stalking on families; • Scope of proposed visitation and exchange services; • Types of families to be served by the project; • Hours of operation; • Program security; • Record keeping and confidentiality; • Referral process; • Intake procedures; • Fee protocols; • Proposed level of staffing; • Job descriptions and resumes for key staff (this information should be appended to the application); • Training requirements for staff and volunteers; and • Composition and role of the existing or proposed advisory committee (see description of required Consulting /Advisory Committee on page 20). F. Who Will Implement the Project (10 points) All applicants are required to coordinate with state or local courts and nonprofit, nongovernmental domestic violence and /or sexual assault victim service programs. All applicants must identify the court and faith- and /or community -based victim services program(s) partnering on the proposed project and all other project partners, and specify their respective roles and responsibilities. Victim service organizations should meet all of the following criteria: Provide services to victims of domestic violence, sexual assault, dating violence, or stalking as one of their primary purposes and have a demonstrated history of effective work concerning such issues; Address a demonstrated need in their communities by providing services that promote the dignity and self sufficiency of victims, improve their access to resources, and create options for victims seeking safety from perpetrator violence; and Do not engage in activities that compromise victim safety. W 15D1 G. Sustainability Plan (5 points) As this is a competitive, discretionary program, there is no guarantee of continuation funding. Applicants are required to include a plan describing their commitment and capacity to continue the project if Federal funding through the Supervised Visitation Program were no longer available. Applicants are encouraged to describe any past federally or state supported projects which the applicant or its partners sustained once funding had expired. The plan will be evaluated on whether it proposes feasible strategies to preserve project activities long -term. Continuation or supplemental funding is not guaranteed and applicants are always encouraged to seek additional means of support to sustain their current projects. Budget Detail Worksheet and Narrative (15 Points) Each application must include a detailed budget and budget narrative for the project. This will be submitted as an attachment in Grants.gov as well as in the hard copy. The budget must be complete, reasonable, and cost - effective in relation to the proposed project. The budget should provide the basis for the computation of all project - related costs. It should cover the cost of all components of the project. There must be a clear link between the proposed activities and the proposed budget items. The budget should include only those activities, products, and resources that are necessary for project implementation and discussed in the project narrative. In developing the budget, applicants should fairly compensate all project partners for their participation in any project - related activities, including but not limited to, compensation for time and travel expenses to attend or provide project development, training, and implementation. The budget must include compensation for all services rendered by project partners, including nonprofit, nongovernmental domestic violence and/or sexual assault victim services programs, and state and tribal domestic violence and /or sexual assault coalitions. Additionally, subgrantee center staff members must be fairly compensated if they will be providing services under the Supervised Visitation Program. Budget Caps The following award limits are firm and apply even to applications for continuation funding. Under no circumstances should the proposed budget exceed the following limits: Development Projects $400,000 for 3 years (new grantees) ($50,000 for planning phase; $350,000 for im lementation Local and Tribal Continuation $250,000 for first 24 months five -year Projects (Funding for the remaining 36 months will be awarded upon the grantee's successful completion of initial grant activities and continued appropriation of the program.) Local and Tribal Standard $200,000 Continuation two -year Projects including multi - jurisdictional State Standard Continuation $200,000 (2 jurisdictions with centers) two —year Projects $350,000 (3 jurisdictions with centers) $500,000 (4 jurisdictions with centers) $650,000 (5 jurisdictions with centers) $750,000 6 or more jurisdictions with centers 16 OVW has the discretion to make grants for greater or lesser amounts than requested and to negotiate the scope of work and budget with applicants prior to the award of a grant. Budget Requirements The following is a short list of budget guidelines: • Applicants are strongly discouraged from requesting consultant rates in excess of $450 per day, because they require prior approval from the Director of the Office on Violence Against Women. • Applicants may not allocate any funds for building renovations. This includes such seemingly minor activities as painting or carpeting. • Applicants may not use any OVW funds for conducting research. However, up to 1 % of the budget may be allocated for the purpose of assessing the effectiveness of funded activities. For example, funds may be used to conduct pre and post testing of training recipients or victim satisfaction surveys. In conducting such testing or surveys, grantees may not collect, analyze or disseminate any information identifiable to a private person during the course of assessing the effectiveness of funded activities. • A contribution of non - Federal dollars ( "match ") is not required for this program, but applicants are encouraged to maximize the impact of Federal dollars by contributing to the costs of their projects. Supplemental contributions may be cash, in -kind services, or a combination of both. Any non - Federal contributions can be discussed in the project narrative; however, these supplemental contributions should not be included in the budget or budget narrative. • Access to current research and practice on violence against women through training and technical assistance can reduce staff burnout, improve project performance, and impact project sustainability. Therefore, OVW offers a wide range of training and technical assistance opportunities to all of its grantees. These offerings are specifically designed to assist grantees in meeting their goals and objectives and in complying with all relevant statutory and programmatic requirements. All development project applicants are required to allocate funds in the amount of $50,000 and all continuation project applicants are required to set aside $20,000 to support travel costs associated with technical assistance and capacity - building activities sponsored by OVW- designated technical assistance providers. Applications selected for funding that do not include the entire recommended amount will not receive additional funds for this purpose, but will be required to adjust their budgets to cover these costs prior to final approval of the proposal. This required amount must be included in the "travel' category. Please provide an estimated breakdown for this amount (include the number of trips, number of travelers, airfare or mileage, lodging, per diem, etc.). These funds are to be used only for OVW- designated technical assistance unless otherwise approved by OVW. Any training and technical assistance funds not used by the end of the grant period may not be reprogrammed and must be returned to OVW. Travel funds should be used to support travel costs by all partners, including nonprofit, nongovernmental victim services providers, court partners, and other MOU partners. • Applicants are also encouraged to include funds in their budgets to attend Financial Management Training Seminars sponsored by the Office of Justice Programs (OJP), Office of the Comptroller. These seminars instruct participants in the financial administration of 17 6 OVW formula and discretionary grant programs. A schedule listing the financial training seminars is available at http:/ /www.o'D.usdo'.gov /oc /fmts.htm. A Sample Budget Detail Worksheet for Implementation applicants is available at http: / /www.oii).usdow.aov /Forms /budget fillable.pdf. Please refer to Appendix A for a Sample Budget Detail Worksheet if you are a development project applicant. The budget and budget narrative should be submitted online as one attachment. When preparing these items, please use the Budget Detail Worksheet as a guide and be sure to include all necessary budget categories. The budget should clearly describe the proposed amounts and uses of grant funds for the duration of the grant period and how the amounts of the specific budget items were determined. Memorandum of Understanding (MOU) and Letter of Intent to Collaborate (20 points) Applicants are required to provide documentation that demonstrates they have consulted and coordinated in a meaningful way with state or local courts and a faith and /or community -based nonprofit, nongovernmental domestic violence or sexual assault victim services organization that represents the views and concerns of domestic violence and sexual assault victims. OVW requires this to be done by the submission of an MOU for continuation applicants and Letters of Intent to Collaborate for development applicants. All continuation applicants must include, as an attachment, a current (i.e., a single document, signed and dated during the development of the proposal) MOU created and signed by the chief executive officer(s) and /or director(s) of all relevant agencies participating in the project's development or implementation, such as the unit of government; the visitation center; the courts; nonprofit, nongovernmental domestic violence victim organizations, including faith -based and /or community organizations that represent the views and concerns of domestic violence victims; and other community agencies or organizations (i.e., law enforcement, prosecutors, and probation) that will collaborate to implement the proposed project. Please refer to Appendix B for a sample MOU. Continuation applicants must develop a new MOU that reflects the continuation of project activities and include current dates and signatures from all relevant project partners. The MOU must do the following: • Identify the partners and provide a brief history of the collaborative relationship among those partners, including when and under what circumstances the relationship began and when each partner entered into the relationship; • Identify the representatives of the planning and development team who will be responsible for developing and implementing project activities and describe how the team members will work together and with project staff; • Demonstrate a commitment on the part of all project partners to work together to achieve stated project goals; • Indicate approval of the proposed project budget by all signing parties; and • Describe the resources each partner would contribute to the project, either through time, in- kind contributions, or grant funds (e.g., office space, project staff, and training). The MOU should be a single document that includes signatures and dates from all partners. Signatories should be sure to include their titles and agencies under their signatures. IN 16DII Letters of support may not be submitted in lieu of the MOU. Only applicants for development projects may submit Letters of Intent to Collaborate in lieu of an MOU. Please refer to Appendix C for a sample Letter of Intent to Collaborate. All applicants are required to enter into formal collaborations with state or local courts and a nonprofit, non - governmental organization serving victims of domestic violence and/or sexual assault. Applicants must demonstrate that they have consulted and coordinated in a meaningful way with a faith- and /or community -based nonprofit, non - governmental domestic violence, and/or sexual assault victim services program, and that this organization will be involved in the development and implementation of the proposed project. The faith- and/or community -based non - profit, non - governmental domestic violence and/or sexual assault victim services program should meet all of the following criteria: • Provides services to victims of domestic violence, sexual assault, dating violence, or stalking as one of their primary purposes; • Reflects an understanding that the violence perpetrated against victims is grounded in an abuse of power by offenders, reinforced through intimidation and coercion; • Addresses a demonstrated need in their communities by providing services that promote the integrity and self- sufficiency of victims, improve their access to resources, and create options for victims seeking safety from perpetrator violence; and • Does not engage in activities that compromise victim safety. Letter of Nonsupplanting Applicants must submit a letter to OVW's Director, certifying that Federal funds will not be used to supplant State or local funds should a grant award be made. Please refer to http: / /www.usdo*.00v /ovw /docs /nonsup letter p_df for a sample letter. Financial Capability Questionnaire All nonprofit, nongovernmental organizations that apply for funding with OVW that have not previously (or within the last 3 years) received funding from OVW or OJP must complete a Financial Capability Questionnaire. The form can be found at http: / /www.ojp.usdoi.gov /oc. You should also include the cognizant Federal audit agency and fiscal year on the first page. In addition, be sure to submit your current year's audit report with the Financial Capability Questionnaire. Indirect Cost Rate Agreement If your organization is requesting indirect costs for this project, please include a copy of your current, signed indirect cost rate agreement. If you need additional information on this requirement, please go to httr)://www.oig.usdo*.-qov/FinGuide/part3char)17.htm. Additional Program Requirements Technical Assistance Grant recipients are required to work collaboratively with staff from OVW and OVW- designated technical assistance providers. Grant recipients will be asked to identify advocates from local domestic violence or sexual assault victim service programs, law enforcement officers, 19 r' - r 1 1 prosecutors, judges, and other representatives from the community to participate in technical assistance events. Participation in technical assistance events will often involve out -of -state travel, therefore applicants are required to include funds in the project budget to support travel cost associated with these activities. Consulting /Advisory Committee Visitation programs that serve families with a history of domestic violence, dating violence, child abuse, sexual assault, and stalking should develop formal affiliations with organizations that will be available to provide services and consultation to programs that work with children and parents. Applicants must establish a consulting committee, which includes experts in the following fields: child abuse and neglect, mental health, substance abuse, counseling, batterers' intervention, law enforcement, child protection services, and advocacy for victims of domestic violence and sexual assault. In addition, grantees serving underserved and diverse communities should include experts who are knowledgeable on domestic violence, dating violence, child abuse, sexual assault and /or stalking within these communities on the consulting committee. Selection Criteria In addition to the criteria above, all applications will also be rated on the following: • The extent to which all project activities fall within the statutory scope of the program; • The extent to which proposed activities would address the need described; • The extent to which project activities seem feasible and likely to succeed; • The extent to which the proposal does not include activities that compromise victim safety; • The extent to which activities are clearly described and reflect sound and innovative strategies to improve victim safety; and • The extent to which the budget is reasonable and within established limits. In awarding grants, OVW shall also take into account: • The number of families to be served by the proposed visitation programs and services; • The extent to which the proposed supervised visitation programs and services serve underserved populations; • With respect to an applicant for a contract or cooperative agreement, the extent to which the applicant demonstrates cooperation and collaboration with nonprofit, nongovernmental entities in the local community served, including the State or tribal domestic violence coalition, State or tribal sexual assault coalition, local shelters, and programs for domestic violence and sexual assault victims; and • The extent to which the applicant demonstrates coordination and collaboration with State and local court systems, including mechanisms for communication and referral. Review Process All applications will be subject to internal review by OVW staff and peer review and will be scored according to the criteria set forth in this solicitation. If the application fails to meet the criteria listed below during the initial internal review, the application will not receive further consideration. If applications that are partially beyond the scope of the program are sent to formal peer review, only those sections of the application that are within scope will be reviewed. Criteria for the initial internal review follow: WC • Whether the application is complete; • Whether the proposed activities are within the scope of the program (see page 8); • Whether all statutory eligibility criteria are met (see page 4); • Whether the minimum requirements for the program are met (see pages 9); • Whether the application proposes significant activities that may compromise victim safety (see page 10); and • Whether the proposed budget is within the established limits (see page 16). In addition, applications for continuation funding will be reviewed for prior compliance with program and office requirements and the status of current grant- funded activities. (See page 13 for further details on criteria for this review.) Applicants with an OVW grant history that failed to meet grant deadlines, did not comply with Office of Justice Programs' (OJP) financial requirements, or did not comply with special conditions from previous grants, will not be considered for funding. OVW will establish panels of experts and practitioners to review applications. Each panel will review the information provided in the application against the selection criteria for the program. Following formal peer review, a second internal review will be conducted, considering, for example, the geographic distribution of the applications for a national perspective, the ratio of population to services, and the type of projects already funded within an applicant's state or community. Tribal applications will be reviewed by a panel of experts on supervised visitation, domestic violence, child abuse, sexual assault, and stalking in the Native American Community. The total points possible for an application are 100 (65 points for Narrative, 15 points for Budget, and 20 points for the MOU or Letters of Intent to Collaborate). Applications with the highest composite scores will be considered for funding. Additional Requirements • Civil Rights Compliance • Confidentiality and Human Subjects Protections regulations • Anti - Lobbying Act • Financial and Government Audit Requirements • National Environmental Policy Act (NEPA) compliance • DOJ Information Technology Standards • Single Point of Contact Review • Non - Supplanting of State or Local Funds • Criminal Penalty for False Statements • Compliance with Office of the Comptroller Financial Guide 21 • Suspension or Termination of Funding All OVW grantees must comply with these additional requirements. Additional information for each can be found at hftp://www.oir).usdoffi.gov/funding/otherreciuirements.htm. References to the Office of Justice Programs and its components are deemed to refer to the Office on Violence Against Women, as applicable. OVW Application Checklist Applicants must submit a fully executed application to OVW via overnight delivery, including all required supporting documentation. Applications will not be accepted via facsimile or email. Although most parts of the application need to be submitted through Grants.gov as well as in hard copy form, it is the hard copy that will be reviewed. Applications submitted via Grants.gov must be in the following word processing formats: Microsoft Word (.doc), PDF files (.pdf), or Text Documents (.txt). Complete applications should include the following: • The SF -424; • Standard Assurances and Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug Free Workplace Requirements; • The summary data sheet, project abstract, project narrative, and for continuation applicants, the status of the project; • The budget, budget summary, and budget narrative; • Letter of nonsupplanting; • An MOU (for continuation project applications) or Letters of Intent to Collaborate (for development project applications) • Letter certifying that the development project will be developed to meet the statutory and minimum requirements of the grant program (development applicants only) • A current Indirect Cost Rate Agreement (if applicable); and • Resumes of key staff members. Detailed instructions on how to use the Grants.gov system to submit your application online are available at www.grants.gov. Also, a toll -free telephone number has been established for you to receive technical assistance as you work through the online application process, 1- 800 -518- 4726. To help expedite the review process, applicants must send via overnight delivery a complete hard -copy original of the application, postmarked by Tuesday, February 13, 2007 to: The Office on Violence Against Women c/o Lockheed Martin Aspen Systems Corporation OVW Safe Havens: Supervised Visitation and Safe Exchange Program Mail Stop 2K 2277 Research Boulevard Rockville, MD 20850 (301) 519 -5000 22 U.S. Department of Justice LAV /SV Partnership Initiative: Call for Concept Papers OVW is committed to building the capacity of victim service organizations to effectively respond to domestic violence, sexual assault, dating violence, and stalking and to foster partnerships between organizations that have not traditionally worked together to address violence against women. OVW believes that the public would be better served with enhanced collaborative efforts between organizations providing legal services to victims of violence and agencies providing supervised visitation and safe exchanges through the LAV /SV Partnership Initiative (The Initiative). The purpose of the Initiative is to enable Safe Havens: Supervised Visitation and Safe Exchange Grant Program (Supervised Visitation Program) recipients to access legal services for their clients and extend the scope of services provided by Legal Assistance for Victims (LAV) grantees. It is envisioned that the results of this initiative will be a resource and model for community organizations to coordinate their services to victims of violence on a higher level. OVW will select up to 5 five concept papers for further development and funding considerations. The concept paper must provide a detailed plan addressing how the Supervised Visitation grantee will partner with the LAV grantee to provide legal services to victims of domestic violence receiving visitation and exchange services. Eligibility All current OVW Supervised Visitation grantees (including FY 2006 grantees) and FY 2007 Supervised Visitation applicants are eligible to submit a concept paper to participate in the LAV /SV Special Initiative. FY 2007 Supervised Visitation Program applicants interested in submitting a concept paper must submit the concept paper separate from their Supervised Visitation Program application. Any concept papers included with or in a Supervised Visitation Program application will not be considered. The lead partner proposed in the concept paper may be either a current Supervised Visitation grantee or an LAV grantee. Of the partnering agencies, one agency must be selected as fiscally responsible for the grant. Applicants will also need to demonstrate an existing working relationship with a supervised visitation service provider. Award Period The award period will be 24 months. Award Amount Selected projects will receive up to $200,000 for 24 months, although OVW reserves the right to make awards for lesser or greater amounts. 23 ORIGINAL DOCUMENTS CHECKLIST &ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only fa ter the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the .,- ......t, xn ,........Lr.. a.. rh —oi.t and fnruani m Sue Filson (line #5). exceptionoTmeunturmanssi tatmc, wnw a uuc uuvu ...w•• Route to Addressee(s) List in muting order .. ........ ........... ... .. __.. . - Office Initials Date 1. Terri Daniels Human Services Dept. Initial 02/15/07 2. February 13, 2007 - -- 16D 12 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document 4. Number of Original 4 Attached — - - -- Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners contracts, agreements, etc. that have been fully executed by all parties except the BCC 6. Minutes and Records Clerk of Court's Office Chairman and Clerk to the Board and possibly State Officials. PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the Name of Primary Staff Terri Daniels Phone Number 732 -2689 Contact appropriate. Initial Applicable) Agenda Date Item was February 13, 2007 Agenda Item Number 16D 12 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Agreement Amendment Number of Original 4 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST is Forms/ County Forts/ BCC Forma/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes _ made during the meeting have been Incorporat4d id the attached document. The County Attorney's Office has reviewed the changes, if applicable. is Forms/ County Forts/ BCC Forma/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Amendment # 003 Agreement # OAA 203.06 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. COLLIER COUNTY HUMAN SERVICES BY: ATTEST,, • BOARD OF COUNTY COMMISSIONERS DWIGHT E. BR06'K, Clerk COLLIER COUNTY, FLORIDA By By: st as to Chalrman s D��r{',,up rk Jam oletta, Chairman Date: December 15, 2006 Approved as to form and legal sufficiency Assistant Cowff Attorney AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA 0 John Koehler Board President Date: December 15. 2006 Amendment # 003 Agreement # OAA 203.06 STANDARD AGREEMENT AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. ATTACHMENT 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 C1 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 HIE Services $ 54,074.00 Supplement Services $ 16,869.00 Grandparent Services U.S. Dept. of Health and $ 3,812.00 Lead Agency erations 2006 Human Services 93.052 $ 13,002.00 TOTAL FUNDS CONTAINED IN THIS AGREEMENT: $ 426,377.00 Amendment # 003 � rrr Agreement # OAA 203.06 STANDARD AGREEMENT AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. OLDER AMERICANS ACT PROGRAM BUDGET SUMMARY RECIPIENT: Collier County Services for Seniors 1. Title IIIB Support Services $ 2. Title C1 Congregate Meals $ 3. Title C2 Home Delivered Meals $ 4. Title IIIE Services Total 3 267,938.00 37,015.00 33,667.00 87,757.00 426,377.00 ATTACHMENT II ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Pdot m Ph* PgCr Attoelt is Qigioal doamtmt original doe®ean shaaid be had dadveted as the an OCia. TLeeompietdroudng slip and Qigina( doameotsamoobel5crwdedpetlteHoud. o�eeanlyy[ gCtpeBoadhaaWtmaedao.autheimm.) conap�+oanaga n#10:000#4as II I fifty dial P— dlmM SLIP of• theChzi'nm's ' dtawaRae tondo datesA,'oerittftduch ckj -and forward as05). the ` Route to A "°' '`� m6 eheetltae and ttawad m SaeA.sm ere!. factiftarderl • ;a Addressee(s) Office Initials Date 2. IN 5. Sue Filson, Executive Manager I Board of County Nfinutes and Records Office - PRIMARY CONTACT INFORMATION MU Pay coataet is the holder of the crigieal documeat pending BCC approvaL Norreany dsa pommy ceataa is the person wbo aeamdlpsepared he esecadve may. PtfmarY comet information is ceded in the event can of the addressees above, including Sue Filson. need m cmtactstaBfQ additional Q missing item) infotmadon. All original damtmem needing the BCC Chairmae's signature are to be defiveted to the BCC office only after the BCC has acted to approve the Contact _ - -_ 'C-4.f IA & <— .0 0 w/" • rnuno rvumoer 7 7 Ye Agenda Date Item was v Agenda Item Number JS ved b the BCC t - Q % Type of Document 77�� Number of Original Attached /L_ iJcS U t'`- ")' d r.l T7 -3� I 1 TTiQTDTT!"f 1A%rC "P. flcrr tiv ram L• Fermef Comfy Forms/ BCC VomW Original Doeameets Routing Shp wwS Original 9-3.04, Revised 1.26.01, Revised 2.2 O5 vaauau a Initial the Yes column or mark "N /A" in the Not Applicable column whichever is Yes N/A (Not 1. Origins! document has been sigoed/mitialed for legal sufficiency. (All dmuments to be (Initial) livable) signed by the Cbsirman, with the exception of most letters, must be reviewed and signed by the Office of the Catntty Attorney. This includes signanae pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, Wvemems, em. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwrinea.shlite- tlanngh and revisions have been mit!aled by the County Amamey,'s Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The ubau pans signature line date has been entered as the date of BCC approval of the document err the final negotiated wneraet date whichever is applicable. " ,v" 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's 1 and mitiait are S. most cases (some coaracts are an exception), the original document and this routing slip Should be provided to Stu Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and requirelorwarding to Tallahassee within a certain fY time frame or the BCC's actions are nullified. Be a four deadlines! 6. The document wax approved by the BCC on eater date) and all changes made during the meeting have been Incorporated fn the attached document The , r� C0%mt7 Attcrnafs Office has reviewed the changm if applicable. v L• Fermef Comfy Forms/ BCC VomW Original Doeameets Routing Shp wwS Original 9-3.04, Revised 1.26.01, Revised 2.2 O5 MEMORANDUM Date: March 14, 2007 To: Michael Dowling, Property Management Specialist Real Estate Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2007 -34 Attached please find one copy of the agreement, as referenced above (Agenda Item #16E1) approved by the Board of County Commissioners on Tuesday, February 13, 2007. The Minutes and Records Department had retained the original document for public record. If you should have any questions, please contact me at 774 -8411. Thank you. Attachment RESOLUTION NO. 2007- 34 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 Gardens 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% 3�day o 2007, after motion, second and majority, vote. ATTEST DWIGIT E 13ROCK, Clerk ')fie t Clerk g� is I map S I9P# w-v 00 1* Appr ved as to for and legal sufficiency: J JA T eidi r As t n Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA James Coletta, Chairman Item # LLED Agenda 41-3c4- Date Date eput., ;dark ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLiP ., _ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY CONDMSIONERS OFFICE FOR SIGNATURE Print m pink paper. Attach to at v=i docmm= original dos=- should be had delivered to the Bald Olfca. The oomplew d routing slip and original docameats toss to be forwarded to the BoudAPBce only aftg the Bard has takm.aation an the item.) ROUTING SLIP Cotapleoa WUA2g lines ii1 thtaagh #4 as apptopaato fQ r addldaaal sigoamoes, datM and/or infam anion needed. W the document is altudy oomphft with the e=wdon of the Chairman's sip draw a line through meting Imes #I through *4 —leer the ehm-i gap —i fi,.,,...a — e.._ -- rr - 4m Route to Addressee(s) is toutimg acda). Office Initials Date Contactf / / 1 -e U w (Initial) 770 2. 1-3, b G Agenda Item Number 3. 4. by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners Attached 6. Minutes and Records Cleric of Court's Office PRIMARY CONTACT- INFORMATION (Tha primary coattm is the holder of dsa original documeat pending BCC approval. Normally the primary contact is the person who cr u%Vprgmed the executive summary. Primary contact information is headed in the event ona of the addressees above. including Sue Frlson, need to concur staff for additional or missing information. All original docut eats needing the BCC Chairman's signature are to be delivered to dw BCC office only after the BCC bas aced to approve the item.) Name Primary Staff � e. �� Phone Ntamber Contactf / / 1 -e U w (Initial) 770 Agenda t 1-3, b G Agenda Item Number Aproved y the BCC Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original Attached e 1-e A( Attached INSTRUCTIONS & CHECKLIST L• F=nt County Farms/ BCC Farms/ original Documents Routing Up WWS original 9.03.04, Revised 1.26.05, Revised 124.05 Initial the Yes column or marls "NIA" in the Not Applicable column, whichever is Yes NIA (Not (Initial) Applicable) I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. dut have been fully executed by all parties except the BCC Cbairtnan and Clerk to the Board and possibly State Officials.) 2. All handwritten.strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The C hahWan's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed oa the appropriate pages indicating where the Chairman's signature and initials are 5. In most cases (some contracts are an exception), the original document and this routing slip , should be provided to Sue Filson in the BCC office within 24 hours of BCC approval Some documents are time sensitive and require forwarding to Tallahassee within a certain z time frame or the BCC's actions arc nullified. Be wmrof your deadlines! 6. The document was approved by the BCC on 1 (enter date) and all changes made during the meeting have been incorporated iu the attached document. The �✓j v County Attorney's Office has reviewed the changes, if a2plIcable. L• F=nt County Farms/ BCC Farms/ original Documents Routing Up WWS original 9.03.04, Revised 1.26.05, Revised 124.05 16E4 I MEMORANDUM Date: February 26, 2007 To: Michael Dowling, Property Management Specialist Real Estate Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Amendment to Lease Agreement Arnold Properties, Inc. Attached please find the original amendment to lease agreement, as referenced above (Agenda Item #16E4) approved by the Board of County Commissioners on Tuesday, February 13, 2007. Please forward the agreement to the appropriate parties for the required signatures. After processing, please return the original document to the Minutes & Records Department to be kept for public record. If you should have any questions, please contact me at 732 -2646 x 7240. Thank you. Attachment 16E 4 Memorandum E To: Trish Morgan, Supervisor Clerk of Court, Minutes and Records From: Michael Dowling 1�6 Property Management Specialist Real Property Management Department Date: March 6, 2007 Subject: BCC Agenda Item: 16 E 4 Dated: February 13, 2007 Re: Fourth Amendment to Lease Agreement with Arnold Properties, Inc. The attached original copy of the Fourth Amendment to Lease Agreement concerning the referenced agenda item is being returned to you for your records. The lease concerns property utilized by the Sheriff's Office located at 1100 Commercial Boulevard, Unit 113. Please feel free to contact me at 774 -8743 to discuss these items further or if I may provide assistance concerning same. Thank you. Attachment as stated Copy to: Gary Young, Administrative Assistant, Sheriff's Office Jean Myers, Finance Department, Sheriff's Office Sean Williams, Sheriff's Office Skip Camp, Director, Facitlies Management Department Jeff Walker, Director, Risk Management Department Real Property Management Department 16E L #839 FOURTH AMENDMENT TO LEASE AGREEMENT THIS FOURTH AMENDMENT TO LEASE AGREEMENT entered into this /_%I ay of 10 NZ6 1 2007 at Naples, Collier County, Florida, by and between the BOARD OF COUNTY COMMISSIONER9 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. 2. 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 annual 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 terms 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` J iV5, FE: ATTEST': DWIGHT ,Et BLOCK: Clerk BY D_e_poty'� Clerk 1f'NA f A�tw' . V. t �. AS TO THE LESSOR: 0 Witness (Signature) (Print Na —a - Witness (Signature) 4t (Print Name) Approved as to form and legal sufficiency: Vn pahn,--- ThomAs C. Palmer Assistant County Attorney James Coletta, Chairman ARNOLD PROPERTIES, INC. BY MICHAEL JEPP N, Owner 16 E5 MEMORANDUM Date: February 28, 2007 To: Michael Dowling, Property Management Specialist Real Estate Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Lease Agreement ( #928) between Collier County and Domenico and Maria LaGrasta for temporary warehouse space located at 4373 Mercantile Avenue Attached please find one copy of the agreement, as referenced above (Agenda Item #16E5) approved by the Board of County Commissioners on Tuesday, February 13, 2007. The Minutes and Records Department had retained the original document for public record. If you should have any questions, please contact me at 774 -8406. Thank you. Attachment l' ORIGINAL DOCUMENTS CHECKLIST & ROUTING SUP TO ACCOMPANY ALL. ORIGINAL DOCUMENTS SENT T TBE BOARD OF COUNTY COMMISSIONERS OFFICE FOR sIGIAL5 Punt on pint; paper. Attach to odgiaal docameat Original docamaacs sttoald be hand delivered to the Board 4fJica. The aomplamd mating slip mad original documn s are to be d to doe Board O®ca CWyjt&ft Baud boa takcea acisaa an du ioem.) ROUTING SLIP Compute roatmg Boa 01 tbtough *4 as appaoptiste for additional sig -mus. dum and/or information aeedeL X the do—tis already complete with the emanadon of the cam's sisnsa m s draw a line daonsh madng lines 01 mroagh *4, cxaspLem the Ae dd'A and forward to SaaPiiacn (lino #S). Route to Addressee(s) in rommg order) OTce Initials Date Contact 4 (Initial) Applicable) 2. c5D �.� • Q Agenda Item Number �� '� 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed Number of Original Attached 4. L "e.%-- Documents 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Cleric of Court's Office PRIlVIARY CONTACT- INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who ecrted/prepated the executive summary. Primary contact information is needed in the event one of the addressee above, including Sue Filson. need to contact staff for additional or missing information. All original documents needing the BCC Chairman's sipamre are to be delivered to the BCC office only after the BCC has acted to approve the Name of Primary Staff �tL Phone Number g Contact 4 (Initial) Applicable) Agenda Date Item was Approved by the BCC c5D �.� • Q Agenda Item Number �� '� Type of Document signed by the Chairman, with the exception of most letters, must be reviewed and signed Number of Original Attached Attached L "e.%-- Documents ' tlg (� • � :1 :r L• Format County Farms/ BCC Forms/ Original Do=== POWng Slip WwS Ongma19.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appsipriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal stiff:ciency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County A=rney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten.swice- through and revisions have been initialed by the County Attorney's l Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chainpan's signature line date has been entered as the date of BCC approval of the document or the final negotated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are r 5. Ia most cases (some contracu are an exception), the original document and this routing slip , should be provided to Sue Filson, in the BCC office within 24 hours of BCC approval. ! % Some documents are time sensitive and require to Tallahassee within a certain s time frame or the BCC's actions are nullified. Be aware of yotw deadlines! 6. The document was approved by the BCC on U-7 (enter date) and all changes made during the meeting have been incorporated iu the attached document. The County Attorney's Office has reviewed the changes, if applicable. L• Format County Farms/ BCC Forms/ Original Do=== POWng Slip WwS Ongma19.03.04, Revised 1.26.05, Revised 2.24.05 E5 Lease # a- LEASE AGREEMENT THIS LEASE AGREEMENT entered into this J day of February, 2007, between Domenico and Maria LaGrasta whose mailing address is 506 106`h 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 16E5 establishing such Consumer Price Index, then the Consumer Price Index shall be adjusted to the figure that would have resulted had no change occurred in the manner of computing such Consumer Price Index. In the 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 freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove 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. z 16E5 ARTICLE 9. Indemnity and Insurance 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 b3LLESSOR 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: Board of County Commissioners c/o Real Estate Services 3301 Tamiami Trail East Administration Building Naples, Florida 34112 cc: Office of the County Attorney ARTICLE 15. Surrender of Premises LESSOR: Domenico and Maria LaGrasta 506 106'b Avenue North Naples, Florida 34108 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 term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 16. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSEE. 3 LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations. 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. Governing1 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: DATEDN/ • � ATTEST: DWIQHT E: BROCK, Clerk BY: C ""'Ut j u r'M11 ! si�at�rt oil AS TO THE LESSOR: DATED: l— j b_ a© O::7 WITNESSES AS TO BOTH: print name WITNESS (signature) �l AA 1 print name BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA JAMES OLETTA, Chairman BY: 4MDENICO lbZ9GRAST Z1� BY: , 0� MARIA 6BGRASTA Approved as to form and 1 al sufficiency: T omas C. Pal er, Assista t County Attorney 4 Item# ��� Agenda Date Date 2 Recd Z ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. .��1 f- . Z f:_ (Initial) Applicable) 2. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number 1� 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. l k tti t Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners G �4�' ; 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff /� ,� I N A1,1 ` Phone Number L/ � � I 7 Contact .��1 f- . Z f:_ (Initial) Applicable) Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number 1� Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document l k tti t Number of Original Attached "" h c, t i c v Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporate in the attached document. The Cf? County Attorne 's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16 f2���s 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 Collier County Emergency Nfanagement Department FY 2007 EMPA Trust Fund Project Application for Radio -Tower Trailer System supporting the Deployable Multi- Agency Communications and Coordination System Table of Contents 16 F2 I — Title Page II — Project Narrative III — Proposed Budget IV — Project Detail /Scope V — Estimate of Line -Item Cost 2 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 16�2 EMPA COMPETITIVE GRANT APPLICATION I - TITLE PAGE TITLE OF PROJECT:_ Radio -Tower Trailer System Supporting Multi- Agency Communications & Coordination Vehicle AMOUNT REQUESTED FROM STATE $ _ ivy AMOUNT MATCHING FUNDS COMMITTED $ -0.00- CASH $-28,700.00 IN -KIND 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 Management Address of Organization: 3301 Tamiami Tr. E. Building F /Suite 103 Naples, FL 34112 E -mail address of Organization: Emert<,Nlan(a- CollierGoN.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 Zvvoloski _ Title of Applicant Contact: Emergency Management Coordinator - d Telephone Number of Applicant Contact: 239.774.8000 E -mail address of Applicant Contact: Ric hardZvvoloskiACollierGov.net Federal Employee Identification (FEID) Number: 59- 6000558 AUTHOR] Signature: Title: Chairman, Collier County Board of County Commissioners If delegation of signature authority is submitted with this application, attach it to 3 Emergency Management Competitive Grant Program (General) 1 II - Project Narrative 16 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: 4 As the State of Florida is a signatory to the National Emergency Management �M Assistance Compact (EMAC) and Collier County is a signatory to the Statewide MutTial` Aid Agreement (SMAA), addition of this asset to Collier County's inventory also adds to 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 IV, 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 111 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 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 $ 9W 5. OPERATING CAPITAL OUTLAY 6. FIXED CAPITAL OUTLAY $28,700 $28,700 $28,700 TOTAL EXPENDITURES $,t,� gt4C 1QF PERCENTAGES A% -$0- B% 29% C% 29% 1 D% 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. 0 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 1/0 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 V — Estimate of Line Item Costs See attachment 4 — Aluma Quotation 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 so. 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 0 16:'2 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.... S. 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 80C 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) I0 16 F2 I 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 system. 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 uinimum capabilities to perform its function) . This is an integral component of the newly created NIMS and could serve as a standard for =yping 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 I6 F2 '1 evolving FEMA NIMS, and take action to endorse the use of resource typing, fully integrating it into all Member State response and recovery operations 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 (SERI) 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 ind 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 ion -EMAC member, deployed resources to Florida, Alabama, and West Iirginia. More than 78C construction engineers, health and safety =echnicians, emergency operations staff, building inspectors, transportation experts, emergency management professionals, medical ioctors and nurses, heavy equipment operators, communications specialists, ionation management personnel, animal rescue staff, public safety )fficers, and many other skilled personnel came to the aid of their ieighbors in distress. In addition, 16,000 relief workers were dispatched )y the Federal Government — joining the dedicated members of the National ;uard units deployed throughout the affected area and tens of thousands of ,olunteers from faith -based and other charitable organizations who gave selflessly of their time and energy. The sum of this magnificent relief 12 a� 2 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 cli E E6 a) 0) 0 CO 02 -t5 CD E (D .= 0) co C E a) L LWU cz (D _0 a) LL LO 2 0 r- Q) 0) ca a- U) :3 0 O CD E ca c cu U) c 0 C: 0 Ch a) Ir 70 CL a) C\j ,6 Lo CD CD U') C) < 2 LLJ t` LL c> . r LU E cu O a) 0 0 (D LD CL U co ui 7S LL E C .0 0 J-- o> Ey w 0 a E cn o 0 0 a Z5 E .0 S -= a -a acl, 4) LL 0- -0 .0 -le 0 CD 8, CC > T' 0, cL a) — 0 0 -0 M :� a 3: -0 C: m 0 W U- w cu 0 cu -t= E 6 0 ID —a = .9 CL -0-0 = 0 .9-- E . 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(D 0 a) E C: E 0) t� 0 a E CY) 0 Co CL C: CTJ a) ca :3 I M U) LO 2 0 r- Q) 0) ca a- U) :3 0 O CD E ca c cu U) c 0 C: 0 Ch a) Ir 70 CL a) C\j ,6 Lo CD CD U') C) < 2 LLJ t` LL c> & Ia a n z m o, C* O °^ o C� u F. •i M v 'b D �O■ Z „ W 71 v zM W L oaa a s ¢ In u) � ca u ® N 0 o 4 ur) u1 U a, o co w •2 CD 1 U0 r� N 4 �`.N 2 W > do ;g N a �` w 0 a b ro m o, C* O °^ o C� u F. •i M v 'b D �O■ Z „ W 71 v zM a W L oaa a s ¢ LU IL u z -zz z ZZZ 0 o 4 m co co CD u a N V OC 2 W > O ;g N a aa a cr acc a oaa a s ¢ LU z -zz z ZZZ zz z z z m co co CD N cu N V OC O Z b 'C GJ N IM O N r I-- 0 Ul S� l�l � �m r M 8� %n Sri RRICCCOFC7 YIAI VLJJ nvn rrnrrrn.. ... --• z w r LU N ~ « E V OC ;g a �` 0 a b ro N � Z ! d ¢ �O z .. Q u o N W y .�. C V D w© C 4 ., J w C C C GJ w C t/I cu O Z b 'C GJ N IM O N r I-- 0 Ul S� l�l � �m r M 8� %n Sri RRICCCOFC7 YIAI VLJJ nvn rrnrrrn.. ... --• z w r QUOTATION ALUMA TOWER COMPANY, INC. To: Fred C. Edwards 16 F2 +1 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 Price 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 $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 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 1 T.E. Gottry - Vice President 16 F2 1 AEO -ITL Additional 20 amp twist lock electrical outlet in ceiling $145.00 1 GEN- 12000 -D -Q -E 12 KW generator complete, diesel fueled /24 hr tank with enclosure and $16,045.00 electronic govenor 1 POW- 050 -10 10' long 50 amp (36/4 wire) shore power cord with twist lock connector $260.00 1 EIL -100 Emergency interior lighting for shelter, battery operated $225.00 3 ER -19 Electronic equipment rack 19 "W x 74 "H $975.00 EA 1 ATS -100 Additional tail light $215.00 1 LED -100 LED stop and tail lights in place of standard $80.00 1 EMG -100 Graphics, Keep Back Emergency $180.00 1 HG S -812 Complete "Halo" grounding system with 12 -8GR grounding kit $3,220.00 1 DR -812 Dri -Dek Flooring for S -812 Shelter $1,140.00 Above Prices Are: FOB VERO BEACH, FL Shipped Via: Towaway - Collect 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 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. 1 1/2 DIA. x LEGS 6061 1/8 WALL 1 " DIA. x .049 RUNGS & DIAGC 6063 -T832 DRAWN 16 FZ ''1 4" IN CROSS SECTION SAFETY STOP E_562 APPROX. TOWER WT. 250# 161`3 TIME SENSITIVE GRANT AP14,IC'ATION -- PLEASE (.'ALL FOR PICK IJP ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. 'fhe completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's si ature, draw a line throu h routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. --------------------------------- appropriate. (Initial) Applicable) 2.. --------------------------------- 2/13/07 Agenda Item Number 161`3 3 .. --------------------------------- signed by the Chairman, with the exception of most letters, must be reviewed and signed 4.. --------------------------------- Grant Application Number of Original 1 – Return Original – 5. Sue Filson, Executive Manager Board of County Commissioners I Documents Attached Please call for P/U 6. Minutes and Records Clerk of Court's Office .l PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Artie Bay Phone Number 530 -6285 Contact appropriate. (Initial) Applicable) Agenda Date Item was 2/13/07 Agenda Item Number 161`3 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Grant Application Number of Original 1 – Return Original – Attached I I Documents Attached Please call for P/U INSTRUCTIONS & CHECKLIST L Forms / County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. lam^ 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's — signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. l_ Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on nter date) and alt changes made during the meeting have been incorporate in t e- attached document. The County Attorney's Office has reviewed the changes, if applicable. L Forms / County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16F3 MEMORANDUM Date: February 14, 2007 To: Artie Bay EMS, Operations Analyst From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Grant Application Enclosed please find one original copy of the above referenced document (Agenda Item #16F3), approved by the Board of County Commissioners on Tuesday, February 13, 2007. Upon receipt of fully executed document, please forward a copy to Minutes & Records for the offical record. If you have any questions, please call me at 732 -2646 x7240. Thank you. Enclosures (1) DEPARTMENT Emergency Medical Services Matching Grant Application Stair Chair Program 2007 - 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 Analysis 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 Analysis 6. Attachment C: Collier County Demographic Characteristic: 2000, US Census Bureau, Table DP -1 16�- 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. Or anization Name: o I I i in r Position Title: Address: O 5 O 20--2-. 2. Grant Signer: (The applicant signatory who has authority to sign contracts, grants, and other legal documents. This individual nWst also S'qq this application) Name: City: lei Coun : r- Position Title: Zi Code: R9 10 Telephone: - 77 Ll - 344 9 Fax Number: ,23 9 - - Address: © p City: County: �- Zip Code: State: Florida Tele hone: z 5 Fax Number: 2 39 - - E -Mail Address: 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: Position Title: Address: O 5 O 20--2-. City: lei Coun : r- State: Florida Zi Code: R9 10 Telephone: - 77 Ll - 344 9 Fax Number: ,23 9 - - E -mail Address: un rurm i rur, Rev. June 2002 3 4. Legal Status of Applicant Organization (Check only one response): (1) ❑ Private Not for Profit [Attach documentation -501 (3) ©] (2) ❑ Private For Profit (3) ❑ City/Municipality/TownNillage (4) ® County (5) ❑ State (6) ❑ Other (specify): 5. Federal Tax ID Number (Nine Digit Number). VF_574_6_0_0.5SF 6. EMS License Number: � Type: &Transport ❑Non- transport ❑Both 7. Number of permitted vehicles by type: BLS 3aALS Transport ALS non - transport. 8. Type of Service (check one): []Rescue ❑Fire NThird 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 ' re is needed if medical equipment and professional EMS educatiio a not i his project.] Signature: // Date: OW Print/Type: Name of Director Ober B TdbL°.f; Mb EA <_F_ r FL Med. Lic. No. M F_ 3(x$9 J 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 followina 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). ✓Il 1- VI I I I 1 / V / , rwv. LVVL 4 16 r- - 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 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. 16 Geozraphic 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 • 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. 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. 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 Projects: 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 5 11) Outcome For Proiects That Provide or Effect Direct Services To Emer ,2encv 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 5% 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 plan, which states, "Efforts will 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. 1=4 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. 1) 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 N/A 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 2 I 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 401.25 (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." 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." A 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. MOUs 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. 3 400 3. Coordination of all EMS communication links, with police, fire, emergency vehicles, and other related services. N/A 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 to C- r r h c r' h r O Ja a a I)'% s Vr% '0 4D o d 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 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 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. WA TOTAL: $ DH Form 1767, Rev. 2002 163 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 and quantities listed is a necessary component of this project. f -T y� f ran' Wov.l pc^ov; cte. I it r A!=5 Jransp%4 DU Matching: 75 Percent -7 $� Res�r" ' n� S $ r (Check applicable program) Sa .ga ❑ Rural: 10 Percent $ Grand Total $ 40 O JrQ. a X an s TOTAL: $ �1"Q, a State Amount (Check applicable program) DU Matching: 75 Percent -7 $� ❑ Rural: 90 Percent $ Local Match Amount (Check applicable program) Matching: 25 Percent $�y�oo ,J�(Q ❑ Rural: 10 Percent $ Grand Total $ 40 O JrQ. a uh rorm i (ut, rcev. zuuz N7 16f3 1 ' 19. Certification: My signature below certifies the following. I am aware that any omissions, falsifications, misstatements, or misrepresentations in this pplication 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 ertify that to the best of my knowledge and belief all of the statements contained herein and on ny attachments are true, correct, complete, and made in good faith. I 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 onfidentiality 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 rant 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 bove and also accept the attached grant terms and conditions and acknowledge this by signing below. Sig re of Authorized Grant Signer MM / DD / YY Individual Identified in Item 2 DH Form 1767, Rev. June 2002 ve s to fora legal sufficierc) Assistant. Coady; Attorney ATTEST D HT.E..BROCK, ULERrX dv SPY, 1 10 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. NameofAgency: toll;cr Lou.nty TSoard cfLownty,Lcirc�rni.ss�cc`er� Mailing Address: a l -Ta m i aYY1i -Tr a i I �• �aple-:5 FL 12- Federal Identification Number S Authorized Agency Official: S i7g —na—WW 13ate rn f,-� 0-476) 4 0 kla .11— Mar) Type Name and -fitle 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 Emergency Medical Services personnel on Grant Amount For State To Pay: $ Grant ID Code: Approved By: Signature of EMS Grant Officer State Fiscal Year: - Oraanization Code E.Q. 64- 42 -10 -00 -000 MG OCA Obiect Code N2000 750000 Federal Tax ID: VF_ _ _ _ _ _ _ _ _ Grant Beginning Date: Grant Ending Date: DH Form 1767P, Rev. June 2002 S to ),orn C'- , Sut, Ass i s ��.unt C,, r t _,may _. 11 ATTEST: Date 16 T- -7, Attachment A Stryker EMS Price Proposal EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM Collier County Emergency Medical Services Sales Proposal Quotation Date: 01/22107 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 @colliergov.net 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 sealed bearings 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 parts /laborltravel warranty Selected Og)tions and Accessories: 32 6250 - 031 -000 Locking Rear Handles 32 6252 - 040 -000 Polypropolene Restraint Set 32 6252 - 040 -000 Removable Head Support Optional uocharae items: 16 j .7, Stryker EMS Equipment Jeffery Pounds Territory Manager 3800 E Centre Ave Portage, MI 49002 (800)669 -4968 Ext 8940 Voicemail (407) 574 -7710 Fax jeff.pounds @stryker.com 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 $ 1,521.92 $ 2,709.00 $ 2,182.82 $ 69,850.24 Proposal Total (including freight):1 $69,850.24 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 allowed on returns of special or modified items. All approved returns will be accepted ONLY in Kalamazoo, Michigan. Proposals are effective 30 days from submittal. Receiving Contact Name: Receiving Phone Number: Loading Dock: YES NO Boxed Unboxed (Circle One) Dockhrs: Sales Rep: Po 'V' Comments: Ergonomic Analysis Shows Stair -PRO Helps Alleviate Risk of Operator Injury Situation Firefighters and emergency medical services (EMS) person- nel 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 manually transporting a patient down flights of stairs using a stair chair. Unfortunately, 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 awkward 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. Methodolo Independent ergonomic experts studied paramedics transporting a 160 ib. 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. Four 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 lower 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.'•1 Conclusion Patient transport in stairways is a common task that has a high reported back injury rate. The design of stair chairs can significantly influence operator and patient safety. This testing substantiates Stair -PRO's abL- y to help reduce the risk of back injury. r � MODEL 49 MODEL 107 MODEL 40 MODEL 42 "Enwhnation of the h jury Profile of Personnel in a Bury Urlxai EATS Svsiean, "HuD to P.T., Ellis, L Journal n%Ememencvbledicom (vol 8. pages 305 -311, 1990). "Shoulder Pattie and Lo alined itluscle Fatigue and Discomfort," Hiker. SF., Ergonomics (vol 32, pages 211-237,1989). 3 "Comparison of Commercial Siair Chaos Using Data Errwlopine nl Analvsis," Human Peifonnance Instinue, Dept of lndutirxd and :1lwiotfucmrbrg Engineering fhstenn Wicliigan Uni irrsity (Mash 2002). 1 "Runtral Anal -wis ofParaniedics Using Stair Chairs," Human Perfomumce instinne, Dept ofI ndusa•ial and Afam f icntring Engineering, 6ieateni Michigan University (lknrh 2002). s "Bionicchanicni`Anahses of Paramedics Using Stair Chairs." Human Peijormance litstitute, Dept oflndwPlal and Mmnfaviwin¢ Engineering, Hesto-n Aichigan Univosio- (Mairli 2002). ,,,j....,���,. 6300 South Sprinkle Road Kalamazoo, MI 49001 -9799 „5u Ylle (PHONE) 1.800.RUGGE06 l 1.269.329.2100 / (FAX) 1.269.329.2246 E M 14S www.ruggedcots.com 1 www.ruggedstore.com ©Stryker Corporation 7102 5M IMP REV A Attachment B -1 Postural Analysis of Paramedics Using Stairchairs EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM Collier County Emergency Medical Services 16F3 Postural Analysis 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 University, Kalamazoo, MI 49008 -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 musculoskeletal 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 101 kg (range: 58- 123 kg), respectively. The simulated task included the descent of a staircase (20 steps) and the negotiation of a landing requiring 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 cthogonal views to the sagittal and frontal planes of each subject (Lavender et al., 2000a, 2000b). Trunk positions were determined 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 landing. 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 -line 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 Author (Email: tychofredericks @wmich.edu, Fax: 1- 616- 387 -4075, Phone: 1 -616- 387 -6525) 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 were determined for 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 1 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 aid tasks as compared to the other chairs. Additionally, the follower position experienced significantly higher loads as compared to the leader position. o-.-- _ ,.r_.,.,.,..... V. A C-1 a, R.TA rtnn1 by nncitinn tacdr nnrd ctnirnhnir * Stairchair designed to be operated by the follower alone. 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. i Applied Force (Newton) Figure 2: Carrying postures and applied forces for the follower and leader facing forward positions (Task 2: middle of stairs). Task 1: Initial Task 2: Middle Task 3: 90° Turn (Landing) Stairchair Follower Leader Follower Leader Follower Leader Modell 510N 270N 510N 270N 51ON 270N Model 2 458 N 314 N 458 N 314 N 458 N 314 N Model 3 487 N 269 N 487 N 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 436 N 330 N Model 6 7N 78N 40N 59N 17 N ON* * Stairchair designed to be operated by the follower alone. 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. i Applied Force (Newton) Figure 2: Carrying postures and applied forces for the follower and leader facing forward positions (Task 2: middle of stairs). MODEL 1 MODEL 3 MODEL 5 16 3 MODEL 2 MODEL 4 MODEL 6 Figure 1: Six models of stairchairs used in this study F3 --I .. ..1.,« c t :« t,a ;« —;t— and tack (rlPOrt+PCl 1 able L. JUlllll Stairchair Position Task ...... (A) Torso Flexion (B) Upperarm (C) Forearm (D) Left U r Le (E) Left LowerLeg (F) Right UpperLeg (G) Right Lower Le Model 1 Follower 1 0 7 40 62 126 61 114 2 -2 4 24 69 91 64 106 3 -6 1 33 76 83 68 105 Leader Bw 1 2 0 1 32 80 83 60 101 2 1 1 27 71 104 71 108 3 8 1 35 74 88 66 99 Leader Fw 1 -2 1 27 71 104 71 108 2 -2 0 7 76 87 77 88 3 5 1 12 77 86 68 104 Modell Follower 1 2 23 45 60 124 61 120 2 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 Model3 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 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 0 26 78 85 73 84 3 63 5 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 1 5 0 38 71 92 67 95 2 1 1 43 72 91 65 97 3 21 7 30 63 113 63 117 Model 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 Leader Bw 1 6 0 18 74 85 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 1 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 Leader Bw 1 5 7 48 78 83 70 87 2 0 8 49 84 75 59 102 Leader Fw 1 14 1 7 74 88 64 110 2 0 0 10 76 92 72 91 Table 3 reports the means and standard deviations of the subjective ratings of perceived exertion (RPE) (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 terns of subjective ratings. S f an (std dev ) RPE scales across treatment combinations it 3. umma o me 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) (A) (B) (A) (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) (2.1) (1.3) (1.2) (1.8 ) (1.3) (1.1) (3.0) (1.3) 1 (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 (CD) (1.3) (1.2) (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 s 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) (2.1) (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) (03) (1.2) (0.5) ** ** * 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. Stairchairs 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 of Rehabilitation 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. (2000b). Biomechanical Analyses of Paramedics Simulating Frequently Performed Strenuous Work Tasks. Applied Ergonomics, 31, 167 -177. 5. W iker, S.F. (1989). Shoulder Posture and Localized Muscle Fatigue and Discomfort, Ergonomics, 32,211-237. 16F3" Attachment B -2 Biomechanical Analyses of Paramedics Using Stairchairs EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM Collier County Emergency Medical Services 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 University, 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 90° 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. Corresponding Author (Email: tychofi edericks(a)wmich.edu, Fax: 1- 616- 387 -4075, Phone: 1- 616 - 387 -6525) 16 3� 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 stairchairs. 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 90° 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. (1993) 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., 1993). MODEL 1 MODEL 3 MODEL 5 16 F3 " MODEL 2 MODEL 4 Figure 1: Six models of stairchairs used in this study MODEL 6 16F3 '" ] AX71117A r ..i+nf--- nCP%-riah1Pc 7 able 1: �ummarizcu -1.4- V A -591- Response Variable • » • - -- Stairchair F -value >F Position F -value > Task F -value >F) Chair *Position F -value >F L5 /S1 Com ression Force 0.001* 0.001* 0.001* 0.001* L5 /S1 Shear Force 0.001* 0.001* 0.001* 0.001* Average Twistin Velocity 0.001* 0.001* 0.001* 0.001* Maximum Moment 0.001* 0.001* 0.001* 0.001* Maximum Sa ittalFlexion 0.001* 0.001* 0.001* 0.001* Maximum Lateral Velocity 0.001* 0.001* 0.001* 0.001* Relative Risk of Low Back Disorder 0.001* 0.001* 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 /S 1 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 1 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 1 and 3 generated significantly higher compression values as compared to Task 2. .,- n_�.__......e..,.e.... 1.+A A.- 1 T VQ1 P- rAcclnnc acrncc treatment enmhinatinns (Newton) itau lG I.. Jull]]]]a] v] ua..u.. �.aw. ....... ...., ... ....... ._....._-•-'• Task 1: Initial (B) --- -- ------ --- - -- Task 2: Middle (A) Task 3: 90' Turn (La ding) B Position Follower Leader Leader Follower Leader Leader Follower Leader Leader Facing Facing Facing Facing Facing Facing Backward Forward Backward Forward Backward Forward Stairchair (B) (B) (A) (B) B (A) B (B) (A) Modell 2815 1870 1215 2087 1836 1057 1915 1828 1300 B 831 (640) (458) 691) (428) (698) (1040) (777) Model 2996 2465 2089 1608 2215 C (725) 794) * r2386 739) * (538 792 Model3 3920 2307 1716 2063 1113 1881 3539 3440 (D (1372) (794) 841) (761) (513) (1165 ) (1102) (899) Model 2433 2354 1743 2195 2211 2978 (C ) (716 ) (1008) * (738) 801) * 988) (2058) Mode 2330 2481 1429 1625 2166 1158 1791 2411 1310 (B) (938) (948) (588) 707 (922) (544) (510 ) (1337) (573) Model 1291 1391 1300 1166 1024 718 838 (A) (839) (710) 1 (860) 1 (764) 1 (443) 1 (343) 1 (385) ** ** * Stairchair not designed for operation in this position. ** Stairchair designed to be operated by the follower atone. 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 letters) 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 all other combinations. Model 3 was significantly different than all other models. Models 1 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 16F3 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. r,..A a f t;.,o r ;mil, of lniu hnA- P. ri;cnrdr t0 /1 across treatment combinations i ante j: 3urnnialy ui rucaH �au. Task 1: Initial (A) Task 2: Middle (A) Task 3: 90° Turn (Landin) (B) Follower Leader Leader Follower Leader Leader Follower Leader Leader Position -a Facing Facing Facing Facing Facing Facing Backward Forward Backward Forward Backward Forward Stairchair (B) (C) (A) (B ) (C) (A) (B) (C) (A) odell 25.8 30.5 19.2 26.3 32.5 16.2 30.3 35.0 28.3 (C) (5.7) (9.6) (9.5 5.0) (8.9) 7.9 (4.2) 7.9) (5.6) odell F 27.7 34.5 31.8 30.7 35.2 32.8 (D) (6.4) (9:8) * (8.5) (7.3) * (6.4) (12.0) odel3 16.3 17.3 13.3 14.3 18.6 9.6 22.2 32.9 39.7 (B) 10.1) (7.5 ) (8.8) 11.1 (5.2) (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) 1 8.9) Model 30.2 33.1 20.6 28.5 34.1 16.1 31.9 33.7 26.4 (C) (10.9) (11.0) (12.4) (9.3) (9.7) (9.5) (8.4) (10.3) (10.4) Model 6 15.1 15.9 14.6 13.0 18.3 13.2 19.4 (A) (11.5) (7.7) (10.6) (10.1) (7.9) (83) (7.8) ** ** * Stairchair not designed for operation in this position. ** Stairchair designed to be operates Dy the follower alone. CONCLUSIONS 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., Reirhelt, P.A., Meyer, F.T., Johnson, P.W. (2000a). Postural Analysis of Paramedics Simulating Frequently Performed Strenuous Work Task. Applied 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. 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 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. 16F3 '"" Attachment B -3 Comparison of Commercial Stairchairs using Data Envelopment Analysis EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM Collier County Emergency Medical Services 16F3 I 'i 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 -5061, 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 l) 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: stet en.btctti �wmich.edu. Fax: (616) 387 -4075, Phone: (616) 387 -3746) MODEL 1 MODEL 3 MODEL 5 Figure 1: Chair model designs studied. 16F3 MODEL 2 MODEL 4 MODEL 6 16F3 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 rnm 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, TN). 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 Prograini'm (31) 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 Programrm (31) 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 /S1 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 11 corresponds to "I feel unbearable pain "). Analysis 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 16F3 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 listed 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 1 being the most desirable). Table 1: Mean Values for Follower/ Leader Backward Combination. Chair Model Subjective Carry (I 1 point scale) RPE (Borg) (6 -20 point scale) LBD N L5 /S1 Compression (Newton) L5 /S1 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 4873 6 2.313 6.542 13.611 951.7 252.5 Table 2: Mean Values for Follower/Leader Forward Combination. Chair Model Subjective Cary 11 point scale) RPE (Borg) (6 -20 point scale ) LBD (%) L5 /S1 Compression (Newton) L5 /S1 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 25.611 1607.5 480.3 6 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 point scale ) LBD (% L5 /S1 Compression (Newton) L5 /S1 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 11108 33.250 2318.9 493.4 5 2.750 9.823 25.611 1607.5 480.3 6 2.250 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-appraisal) Mean Cross - efficiency (peer-appraisal) Rank 1 0.600 0.544 4 2 0.525 0.487 6 3 0.671 0.584 3 4 0.583 0.536 5 5 0.771 0.598 2 6 1.000 1.000 1 Table 5: Simple and Cross - efficiency Scores for Follower /Leader Forward Combination. Chair Model Simple Efficiency (self-appraisal) Mean Cross - efficiency ( eer -a raisal) Rank 1 0.622 0.578 4 3 0.596 0.588 3 5 0.818 0.669 2 6 1 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 ( eer -a raisal) Rank 1 Backward 0.617 0.572 4 2 Backward 0.540 0.507 6 3 Backward 0.654 0.584 3 4 Backward 0.600 0.558 5 5 Forward 0.818 0.685 2 6 Forward 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, 101 -108. 2. Borg, G. (1970). Perceived exertion as an indicator of somatic stress. Scandinavian Journal 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 occupationally- 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., Chidsey, K.D. and Shipley, P. (1969). The assessment of chair comfort. Ergonomics, 12, 269 -306. 5 16F3 Attachment C Collier County Demographic Characteristics EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM Collier County Emergency Medical Services ^z Table DP -1. Profile of General Demographic Characteristics: 2000 Geographic area: Collier County, Florida [For information on confidentiality protection, nonsampling error, and definitions, see text] I 6F3 Subject Number Percent Subject Number Percent Total population .......................... 251,377 100.0 HISPANIC OR LATINO AND RACE 251,377 100.0 Total population .......................... SEX AND AGE Hispanic or Latino (of any race) ................ 49,296 19.6 Male ......... ............................... 125,856 50.1 Mexican.... ............................... 28,382 3,071 11.3 1.2 Female ....... ............................... 125,521 49.9 Puerto Rican ............................... 6,860 2.7 Under 5 years ............................... 13,441 14,444 5.3 5.7 Cuban ..... ............................... Other Hispanic or Latino .................... 10,983 202,081 4.4 80.4 5 to 9 years .. ............................... 13,677 5.4 Not Hispanic or Latino ........................ 10 to 14 years ............................... 13,382 5.3 White alone. ............................... 185,517 73.8 15 to 19 years ............................... 20 to 24 years ............................... 11,708 4.7 RELATIONSHIP 25 to 34 years ............................... 28,262 11.2 Total population.... I..................... 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 ................ 43,796 17.4 75 to 84 years ............................... 21,060 8.4 Other relatives ............................. 13,453 5.4 85 years and over ............................ 5,365 2.1 Under 18 years ......................... 4,155 1.7 Median age ears ..... 9 (years) 44.1 (X) Nonrelatives ............................... Unmarried partner ....................... 15,783 5,261 6.3 2.1 18 years and over ............................ 201,436 80.1 In group quarters ............................. 4,790 1.9 Male ............................... 100,325 39.9 Institutionalized population................... 2,294 0.9 ....... Female ..... ............................... 101,111 40.2 Noninstitutionalized population ............... 2,496 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 (families) ................... 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 B6.1 With own children under 18 years .......... 4,480 4.4 ...... Black or African American ................... 11,419 4.5 Nonfamily households ........................ 31,709 30.8 American Indian and Alaska Native........... 733 0.3 Householder living alone .................... 25,226 24.5 Asian ...... ............................... 1,569 0.6 Householder 65 years and over............ 12,248 11.9 Asian Indian ............................. 424 318 0.2 0.1 Households with individuals under 18 years ..... 25,906 25.2 .............. Chinese......... ......... 277 0.1 Households with individuals 65 years and over .. 40,560 39. Filipino ... ............................... Japanese . ............................... p 7 Average household size......... .............. 2.39 X ( ) Korean ... ............................... 123 - Average family size........................... 2.79 (X) Vietnamese .............................. 161 0.1 Other Asian ' ............................ 188 01 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 Islander z ................... 29 - occasional use............................ 34,337 23.8 Some other race ........................... 15,554 5,604 6.2 2.2 Homeowner vacancy rate (percent) ............. 2.6 (X) Two or more races ........................... Rental vacancy rate (percent) .................. 9.8 (X] Race alone or in combination with one or more other races: 3 HOUSING TENURE White ........ ............................... 219,705 87.4 Occupied housing units.................. 102,973 100.0 Black 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........ ............................... Native Hawaiian and Other Pacific Islander...... 2.095 286 0.8 0.1 Average household size of owner- occupied units. 2.31 (X) Some other race ............................. 1 19,920 7.9 Average household size of renter - occupied units. 2.65 (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 16 F3 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 organization's 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 40 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. 19 163'1 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 16F3 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 40 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 EARLY ENDING DATE If the project accomplishes the listed objectives and all funds have been expended, the grantee may request that the grant be closed 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 lot 3 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 k, MEMORANDUM DATE: February 14, 2007 TO: Kendra Hastings, Executive Aide to BCC Collier County Board of County Commissioners FROM: Martha Vergara, Minutes and Records RE: Agreement: " Grant Agreement between the CRA and Owner of the Site Improvement for Bayshore /Gateway Triangle Redevelopment Area" Owner: Luis Fonseca & Idalia Alvarado Enclosed please find three (1) originals of the document, as referenced above (Agenda Item #16G2), approved by the Board of County Commissioners on February 13, 2007. Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copies. If you should have any questions, please contact me at 732 -2646 x 7240. Thank you. Enclosures Memo Date: February 13, 2007 To: Kendra Hastings Executive Aide to BCC Collier County Board of County Commissioners Naples, Florida From: Jon Ogle, Project Manager Collier County Community Redevelopment Agency Bayshore /Gateway Triangle 2740 Bayshore Drive, Unit 17 Naples, FL 34110 Office: 239 - 643 -1115 Hand Delivered Subject: Item 16G2 Approved February 13, 2007 SIG 04/2007 Comments: Please have Commissioner Fiala sign attached Grant Agreement and contact me for pick- up upon signature. Thanks, ,)� 4 C".., / (,,1662 ,�;,1,v -,, � l3 Z o c 7 GRANT AGREEMENT BETWEEN CRA AND OWNER FOR SITE IMPROVEMENT FOR BAYSHORE /GATEWAY TRIANGLE REDEVELOPMENT AREA THIS AGREEMENT ENTERED this -a day of 7 by and between the Collier County Community Redevelopment Agency (he nafter 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 4Sq 0 v ?j dollars; and WHEREAS, the CRA has determined that Owner meets the eligibility requirements and w�s approved for a grant award in the amount of $4,070.63 dollars on >-f1) c} ( "CRA Approval "), which is 50% of the costs to construct the site iniprovements. 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. F72007 SIC ALL reemcjjj k- 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. 72' n __ 7 SiCi .n�grewmenr IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. OWNER: (1) Witness Signature By: L�f— Printed/Typed Name Printed/Typed Name 2 () BY: Lv, s �, ra�sGcyt Witness Signature Printed/Typed Mairne Printed/Typed Name ATTESY4 DWIG14T E. BLOCK, Clerk eputy Clerk Approved as to form and legal sufficiency: Marjo - Student- Stirling { Assistant County Attorney 1-Y�OO7 SIC; A, reemrnt COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: j'l '4. DO A FIALA, Chairman fi 16 Q- 2 MEMORANDUM DATE: February 14, 2007 TO: Jon Ogle, Project Manager Collier County Redevelopment Agency Bayshore /Gateway Triangle FROM: Martha Vergara, Minutes and Records RE: Agreement: " Grant Agreement between the CRA and Owner of the Site Improvement for Bayshore /Gateway Triangle Redevelopment Area" Owner: Luis Fonseca & Idalia Alvarado Enclosed please find one (1) original of the document, as referenced above (Agenda Item #16G2), approved by the Board of County Commissioners on February 13, 2007. Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copies. If you should have any questions, please contact me at 732 -2646 x 7240. Thank you. Enclosures t 3, ZOO ( GRANT AGREEMENT BETWEEN CRA AND OWNER FOR SITE IMPROVEMENT FOR BAYSHORE /GATEWAY TRIANGLE REDEVELOPMENT AREA THIS AGREEMENT ENTERED this 13 day of ? 7 by and between the Collier County Community Redevelopment Agency (herghnafter 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 Oq o90,& �J dollars; and WHEREAS, the CRA has determined that Owner meets the eligibility requirements and 7 approved for a grant award in the amount of $4,070.63 dollars on 6 _-2cj v 7 ( "CRA Approval'), which is 50% of the costs to construct the site iniprovements. 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 Agreen-ient 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 6 r J 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. (1) (2) Witness Signature Printed/Typed Name Witness Signature Printed/Typed Name ATT,Rat :. . DWIGHT E, BROCK, Clerk `t eputy Clerk Approved as to form and legal sufficiency: but �� Marjo i Student - Stirling Assistant County Attorney FY2007 SIG Agreement OWNER: By: Printed/Typed Name By: >e"" Lut "s /- rotes �.� Printed/Typed ame COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: / 1"L.) � DO A FIALA, Chairman I'Le 1 # L-- Iq 41-116w, (— C"'] - �-'- - - - - 16 4, ti 2'.4 THE BAYSHORE /GATEWAY TRIANGLE REDEVELOPMENT AREA SITE IMPROVEMENT GRANT APPLICATION Tomorrow*" SITE IMPROVEMENT GRANT APPLICATION 04/2007 Luis Fonseca & Idalia Alvarado 3095 Linwood Avenue SITE IMPROVEMENT GRANT APPLICATION Section 1: Applicant Information Owner Name: /v.'s or FpKsscoq AM�11 C. R[ ✓5 Ake—be Owner Address: ,3095 L,' n/ tivoo 3� A y& mex.'s F! 341IX Site Address (if different from owner address): Legal Description of Site: Daytime Phone: 93Q- 39S 7933 Alternate Phone: gm- tidy 7337 E -Mail Address: lu15Rx*e q LV 11y;r1 :6 . Corr How long have you owned this property? /- /IPAI r1l 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: Occupational License Number: Other Tenant Names, if any: First Time Site Improvement Grant Applicant? Yes X If no, how many applications submitted? Grant(s) awarded? Yes 11 1662 , - nol •/1 6 Details Page 1 of 4 162 Scroll for Additional Aerial Current Ownership Information �— Folio No. 61480440009 Property Address 3095 LINWOOD AVE Owner Name ALVARADO, IDALIA C Addresses LUIS F FONSECA 3095 LINWOOD AVE $ 101,621.00 NAPLES State FL Zip 34112 - 3847 C Legal NAPLES BETTER HOMES 1ST ADD SLK 3 LOT 38 OR 1361 PG 695 Section Township -Range El cres Ma No. Strap No. :4--_ 11 50 25 . 15 SA11 502000 3 385A11 Sub No. 502000 NAPLES BETTER HOMES 1ST ADD ` mj Area -Mid e Use ode 1 SINGLE FAMILY RESIDENTIAL 84 11 12.4374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 86,400.00 ( +) Improved Value ( =) Market Value $ 51,701.00 $ 138,101.00 ( -) SOH Exempt Value $ 101,621.00 ( =) Assessed Value $ 36,480.00 ( -) Homestead and other Exempt Value $ 25,000.00 ( =) Taxable Value $ 11,480.00 SoH = "Save uur homes exempt vaiue uuo Lv wN vli aaacoo increases. Latest Sales History Date Book - Page Amount_ 11 72-05; 4133 1190 $ 220,000.00 http:// www. collierappraiser .com/RecordDetail.asp ?FolioID= 0000061480440009 1/11/2007 Details Page 2 of 4 http:// www. collierappraiser .com/RecordDetail .asp ?FolioID = 0000061480440009 1/11/2007 Section 2: Project Information Existing Condition of Project (attach additional sheets if necessary): &r ATTACH "BEFORE" PHOTOS AT LEAST TWO 8XI0 COLOR PHOTOS, OTHERS MAY BE ADDED TO A CCURA TEL Y DESCRIBE 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 IMPROVEMENTS ATTACH COLOR SAMPLES FOR EACH IMPROVEMENT. 7 0 F V } V NOV It) M U-1 AUP Estimate *StructnrelContents Combined Gulf Coast Contractors 1045 Coffier Center Way Naples, FL 34110 Phone: (239) 566 -1080 FAX: (239) 566 -2662 License it : CBC 1251116 P"/ 162 I Job: 1004 Estimator: Jay Wright Estimate: Luis Fonseca Customer Job Location Company: $6,78438 Site Contact: Customer Name: Luis Fonseca Site Address 1: Address 1- 3095 Linwood Ave. Site Address 2: Address 2: City, State, Zip: City, State, Zip: Naples, FL 34104 Location Phose t#: Home Phone: (239) 325 -7933 Location Bus it• Business Phone: L-J = Location Fax 4: L� _ Fax Number as Insurance Information Insurance Co.- Address 1: Address 2: City, State, Zip: Business Pbooe#: Business Fax#: Email Address: Adjuster: Structure Detail Poticv Information TYpe of Loss: Vehicle Damage Poky Type: Polity Number. Deductible: Date of Loss: 11/12/2006 Claim tl: Polley Effective Dates Structure $6,784.38 SubTotal $6,78438 Overhead (10 %) $678.44 Profit (10 %) S678.44 Structure Total 58,141.26 Total $8,141.26 y wov 10 un u i:4up N.- " 1.6 2 . 14 Job: 1 404 Estimator. )ay Wrightunate:uis Fonseca Total for TOTAL AREA: TOTAL AREA $6,784.38 SFF 0.00 SFW 0.00 SFC D.00 CF 0.00 PER 0.00 Item # Item Description # Units U/M Unit Cost Fad. Cost 0 0.00 $0.00 $0.00 Total for TOTAL AREA items: $0.00 TOTAL AREA Total for Architectural Fees: Arickitectural Fees $700.00 I SFF 0.00 SFW 0.00 SFC 0.00 CF 0.00 PER 0.00 Itein # Item Description # Units U/M Unit Cost Ext. Cost I Architectural fees 1.00 EA $700.00 5700.00 Total for Architectural Nees items: $700.00 TOTAL AREA Total for Architectural Drawings: Architectural Drawings $500.00 SIFF 0.00 SFW 0A0 SFC 0.00 CF 0.00 PER 0.00 Iteam # Item Description # Units U/M Unit Cost Ext Cost I Architectural plans 1.00 EA 5500.00 $500.00 Total for Architectural Drawings items: 5500.00 TOTAL AREA Total for Permitting Permitting $500.00 SFF 0.00 SFW 0.00 SFC 0.00 CF 0.00 PER 0.00 Item # Itern Description # Units U/M Unit Cast Ext. Cost I General construction permit 1.00 EA $800.00 $800.00 Total for Permitting items: $800.00 TOTAL AREA Total for Scope of Repairs: Scope ofRepoirs $3,78438 SFF 0.00 SFW 0.00 SFC 0.00 CF 0.00 PER 0.00 Item # Iteow Description # Unks U/M Unit Cost Eat. Cost 1 Remove chain link fence post set in concrete 1.00 EA $35.00 $35.00 2 Rernove chain link fence - to 6 high 8.00 L.F $2.50 520.00 3 Manual Entry 0.00 EA $0.00 $0.00 4 Replace handrail and picket assy 9.00 LF $115.00 $1,035.00 5 Stucco patch large - 3 trips 1.00 M/C $475.00 $475.00 6 Remove and Replace 4 "x4" carport posts 4.00 EA $75.50 5302.00 Date Printed 1111612006 Report : Spurxure J Contents Combined Page Number 2 NOV lb Ub UI AI P P•4 6 2 Jpb. 1004 Estimator: lay Wright sumate: Luis Fonseca TOTAL AREA Total for Scope of Repairs: Scope of Repairs (Continued...) $3,784.38 Hem # Item Description # Units U/M Unit Cost East. Cost__ replace with treated 4" W posts and Simpson ABE44 stand-off post bases or as specifications per planned drawings 7 Replace chain link terminal post 31 to 4' fences 2.00 EA $55.00 $110.00 8 Replace chain link fence 11 -gauge 4' high 8.00 LF $10.00 $80.00 9 Replace awning window - better grade - to 14 s.f. 1.00 EA $398.40 $398.40 10 Installation per window - first Boor - labor only 2.00 EA 5252.98 $505.96 11 Hauling' per truck load (6c.y) 1.00 LOADS $135.02 $135.02 12 Replace grass sod - minimum charge 1.00 MiC $70.50 $70.50 13 Demolition or - skilled 8.00 HRS $60.00 5480.00 14 Pressure clean driveway - 2 car 1.00 EA $ 137.50 $ 137.50 Total for Scope of Repairs items: - S3,784.38 TOTAL AREA Total for General Contractors Fees: General Contractors Fees SI,000.00 SF F 0.00 SF W 0.00 SFC 0.00 CF 0.00 PER 0.00 Item # tree° Description # Units U/M Unit Cost Ext. Coast I Labor for processing paperwork 1.00 EA $1,000.00 $1,000.00 Total for General Contractors Fees items: $11000.00 Date Printed 1111612006 Report : Structure 1 Contents Combined Page Number 3 FROM : SGA Handy Corp SGA Handy Corp_ 420 15'h ST SW Naples, Fl -34117 23 9.3 98.7096 To: Luis Fonseca 3095 Linwood Av_ Naples, F1341.12 PHONE NO. : 239 417 9731 Jan. 21 2.00 0 7� 9 PR` 0P0SA.L Page No. of Pages Job Name: Location; Phone, 239 -325 -7933 Date: 01/22/07 We =sta y sub mit specifications antes orl ) Iled 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 materials. ' WE PROPOSE hereby to furnish .material and labor - complete in accordance rvith these specifications, for the sum of- Eight thousand two hundred twenty five and 00/ 100-------_______—__- _-------- _�--- _------ _-- ___ - - -- - ---_ -- Dollars ($8,225.00 ) Payable as follows: 50% up front and the rest when the work is complete. All material is guaranteed to be as spa;ified. All work to be completed in a workmanlike m=n,_T according To standard practices. Any alteration or deviation from abovC yyexifications involving extra costs wiii, be Executed only upon written orders, and will become an extra charge over and above the eslimatc. All agree- meats contingent upon strikes, accidents or delays beyond our wntmL Owner to cant' fire, tornado, and othernecessaiy insurance. ACCEPTANCE OF PROPOSAL The prices, specifications and conditions arc satisfactory and are as specified,. Payment will be made as outlined above, Authorized �igstature �' Note: ' 's pr04 be withdrawn by us if not accgftd within 30 days You are awhari'cd to do the work Signature �._ _ Date IE PROJECT INITIATION AND COMPLETION FORM (to be submitted with Site Improvement Grant Application) I, wiS a. AANO R �T},N4i4 �cr� ao owner /tenant of the property located at X095 L.itfg/oot�Ago,yARE'3 r2 N1 , 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 Qh�ner /Tenant (Commercial only) Signature of 6wner/Tenant (Commercial only) (if jointly �Wned or leased) Signature of Owner /Tenant (Commercial only) (if jointly owned or leased) Z v Date X,7 Date Date 166 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 iteml- PouvTs FORM Project Provides Points Available Points Awarded Removal of false fagade, awnings, canopies, porches, signs or old entryway 1 New porch, awning, and/or canopy 1 t Construction of new public entrance 1 New signs, on building or monument 1 New paint only1 Paint complements the "Old Florida" style 1 l Design consistent with the "Old Florida" style 1 Replacement or repaired windows or doors 1 t Swales and stormwater improvements 2 Repointing of mortar joints for brick or stone fronts 1 t Woodwork repair, replacement or new installation 1 t New Roofing, rain gutters, or soffit I Stucco or siding work 1 t Parking improvements Commercial 2 Driveway replacement or improvement (Residential) ' 4J 1 { Landscaping improvements and irrigation system 2 Hurricane protection storm shutters, windows, doors 2 Fencing I t Subtotal Other Criteria Applicant has funding 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 ti Improvements will allow applicant to remedy existing code enforcement problems 5 S 1 time Site Improvement Grant applicant (repeat applicants qualify for points if grant not awarded previously or 2"d commercial site 5 y CRA contribution of 25% or less of the total project cost 10 CRA contribution of 260/6 - 50% of the total project cost 5 Subtotal TOTAL NOTE 1: Any alterations in the project must be pre - approved by the CRA to avoid revocation of funding. In the event that the total funding request from all applicants exceeds the amount available for this grant cycle, fimds 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 structures. Grant may be awarded for improvements made to "existing" structures as part of a new constriction project (example: hurricane quality window replacements on existing structure as part of residential room addition or commercial office expansion). 162 1 Section 3: Project Cost Information Estimated Project Cost: ALL WORK TO BE COMPLETED BYA CONTRACTOR MUST HAVE AT LEAST TWO (2) WRITTEN ESTIMATES OR QUOTES ATTACHED TO THE APPLICATION. Estimated Requested from CRA $ `i D`26 ,� Residential owner- occupied (up to 561/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 COMPLETION 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. Date 1 2 Dat IZ2o ? Dat 8 Y_ Memo Date: February 13, 2007 To: Kendra Hastings Executive Aide to BCC Collier County Board of County Commissioners Naples, Florida From: Jon Ogle, Project Manager Collier County Community Redevelopment Agency Bayshore /Gateway Triangle 2740 Bayshore Drive, Unit 17 Naples, FL 34110 Office: 239 - 643 -1115 Hand Delivered Subject: Item 16G2 Approved February 13, 2007 SIG 04/2007 Comments: Please have Commissioner Fiala sign attached Grant Agreement and contact me for pick- up upon signature. Thanks, 161 +4,41 1 �1 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.doc R C 1N/ `� -oarrp rr� C;nut;y i:;crr�rr1ii;sror7er's MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: January 22, 2007 RE: Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Naples Heritage Community Development District Naples Heritage Community Development District has submitted the following item: a. Minutes of meeting held May 15, 2006. Thank you ,speciallspecial Misc. Corres:. Date. U Item #._ I s 1 DATE: FROM: RE: Naples Heritage Community Development District SEVERN TRENT MANAGEMENT SERVICES 210 N. University Drive, Suite 800, Coral Springs, Florida 33071 Tel. (954) 753 -5841 • Fax (954) 796 *0623 December 26, 2006 Mr. Derrick Johnssen CLERK OF THE CIRCUIT COURT Finance Department 2671 Airport Road, Court Plaza III Post Office Box 413016 Naples, Florida 34112 -3016 Diane M. Manza, Recording Secretary Minutes of the Meeting held May 15, 2006 Enclosed for your records is a copy of the minutes of the above meetings of the Naples Heritage Community Development District, which are to be kept on file for public access. /dmm Encl: Cc: For information purposes only: Mr. Jim Mudd COLLIER COUNTY MANAGER Governmental Center 3301 East Tamiami Trail Administrative Building Naples, Florida 34112 Mr. Dan Cox PO Drawer CC Carrabelle, FL 32322 Ms. Cindy Rymer GRAU & COMPANY, P.A. 2700 North Military Trail Suite 350 Boca Raton, Florida 33431 I,f MINUTES OF MEETING NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT The regular meeting of .the Board of Supervisors of the Naples Heritage Community Development District was held on Monday, May 15, 2006 at 9:00 a.m. at Naples Heritage Golf and Country Club Clubhouse, 8150 Heritage Club Way, Naples, Florida. Present and constituting a quorum were: Peter J. Lombardi Peter V. Ramundo Frederick Hayes Gerald G. James Jack Spitz Also present were: John Petty Kenza van Assenderp Chairman Vice Chairman Supervisor Assistant Secretary Assistant Secretary Manager District Counsel (by telephone) The following is a summary of the discussions and actions taken at the May 15, 2006 Board of Supervisors meeting. FIRST ORDER OF BUSINESS Roll Call Mr. Petty called the meeting to order and called the roll. Mr. van Assenderp joined the meeting by phone. SECOND ORDER OF BUSINESS Approval of the Minutes of the March 13, 2006 Meeting Mr. Lombardi stated each Board member received a copy of the minutes of the March 13, 2006 meeting and requested any corrections, additions or deletions. Mr. Ramundo addressed the following corrections: • On page one, strike the sentence "Mr. James inquired whether the assessment of $100 was discussed at the last meeting" and change Mr. Ramundo" to "Mr. Lombardi" in the next sentence. May 15, 2006 16 .�, Naples Heritage CDD • On page two, in the second paragraph, "Mr. Toni Mott" should be "Ms. Toni Mott" and it should be made clear the CDD requested a statement in writing from them to replace any trees removed. Mr. Petty reported he spoke to Mr. Cox in Mr. van Assenderp's office regarding this matter. Mr. van Assenderp reported he would provide an email to the Board. • On page two, in the first bullet, change the word "right" to "left ". • On page two, strike the sentence "Mr. Ramundo felt the county should approve the District's permit application fairly quickly since the Board was granting the easement to them at not cost ". • On page three, the sentence "Mr. Ramundo requested the public hearing date be changed from May 15'h to May 22 °d" should be "Mr. Ramundo requested the public hearing date be changed from May 22nd to May 15`h." • On page four, in the second paragraph, "$2,500" should be "$25,000 ". • Under the sixth order of business, the Certificate of Deposit should say "generates five percent interest rather than three to four percent" Mr. Spitz raised the following issues: • Inquired whether the District was going to receive $384 back from the management company. Mr. Petty responded no because it was no one's fault. • Inquired about an uncashed check for $88 dated October 26, 2004. Mr. Petty reported if it had not been cashed, he would cancel it and re -enter the $88 back in the account. On MOTION by Mr. Ramundo seconded by Mr. James with all in favor the minutes of the March 13, 2006 were approved as amended. THIRD ORDER OF BUSINESS Public Hearing to Consider Resolution 2006- 5 Adopting the Budget for Fiscal Year 2007 and Resolution 2006 -6 Levy of Non Ad Valorem Assessments Mr. Lombardi opened the Public Hearing to discuss the annual budget for the year commencing October 1, 2006 and ending September 30, 2007. Mr. Ramundo addressed the following: • Increases of $2,080 under Administrative; $1,000 for Insurance and $1,000 for Legal Advertising. 2 May 15, 2006 Al i. e., Naples Heritage CD • Increase Interest Income from $3,000 to $5,000 for total Revenues of $40,009. • Reducing the Unit Charge from $43.82 to $41.32. Mr. Spitz inquired whether $38,000 in Revenues and $38,000 in Expenses in addition to $30,000 for painting would change the total for Revenues and Expenses to $100,000. Mr. Petty responded the Revenues and Expenses should be equal. On MOTION by Mr. Ramundo seconded by Mr. James with all in favor Resolution 2006 -5 Adopting the Final Budget for Fiscal Year 2007 was adopted as amended. Mr. Petty noted Resolution 2006 -6 was amended by District Counsel with the following changes: • Clarity of the maintenance special assessments producing special and peculiar benefits to all parcels and apportioned in a manner that is fair and reasonable. • No certification to the Property Appraiser for the Assessment Roll as the Board prepares the Assessment Roll under the Uniform Collection Law. • The Chairman or designee of the Chairman will certify the roll by September 15th to the Tax Collector who prepares the tax roll and sends out to the residents in November. • According to FS 197.3632 and Rule 12D -18, the Board should authorize Mr. Petty to enter into an agreement with the Property Appraiser to prepare the roll and certify the roll to the Tax Collector. • The Board cannot transfer their powers but can delegate or designate the exercise of them to someone else. • Mr. van Assenderp will contact Mr. Abe Skinner to determine whether the Property Appraiser is using the new methodology that violates the law. Mr. Spitz agreed with the Property Appraisers responsibility and that the apportionment of the cost of operating the Naples Heritage CDD has to be shared equally by all property owners in the community. k3 May 15, 2006 16 1 1 Naples Heritage CDD Mr. Lombardi inquired whether the county Tax Collector will accept the new resolution. Mr. van Assenderp responded as long as it is certified to the Tax Collector on compatible electronic medium with the property identification number, and certified by the Chairman or the designee of the Chairman by midnight on September 15`h. He offered to send a letter to Mr. Carlson and Mr. Skinner Mr. Lombardi commented this was beyond the Board's control. Mr. Petty noted Resolution 2006 -6 levies a maintenance assessment within the Naples Heritage CDD for fiscal year 2007. Mr. Ramundo inquired whether the amount of the levy is $33,009 instead of $35,000. Mr. Petty reported the numbers will be whatever equals $41.32 per unit. On MOTION by Mr. Ramundo seconded by Mr. Hayes with all in favor Resolution 2006 -6 Levying a Non Ad Valorem Assessments within the Naples Heritage Community Development District for Fiscal Year 2007 was adopted. On MOTION by Mr. Ramundo seconded by Mr. James with all in favor the Property Appraiser was authorized to commence with the assessment roll preparation and the Chairman was authorized to designate the Property Appraiser to certify the assessment roll to the Tax Collector. A resident noted when she requested for a copy of the budget for review before the public hearing she was told to call the management office in Coral Springs who referred her call to Texas but she still did not receive a copy of the budget. Mr. Petty offered to look into this. Mr. Lombardi informed the resident to call a Board member for a copy of the budget and closed the public hearing. FOURTH ORDER OF BUSINESS Manager's Report A. Number of Registered Voters (911) Mr. Petty reported as a requirement of the statute, the Supervisor of Elections reported there are 911 registered District voters in the District. B. Consideration of Resolution 2006 -4 for General Election Mr. Petty read the following Resolution into the record: 4 . May 15, 2006 Naples Heritage CbD "A Resolution of the Board of Supervisors of the Naples Heritage Community Development District Requesting the Collier County Supervisor of Elections Conduct an Election for Three Seats on the Naples Heritage Community Development District Board of Supervisors in Conjunction with the General Election to be Held in November 2006. Mr. Ramundo inquired why it states under the title of the resolution there be an election of three seats, but in the third WHEREAS paragraph they mention the positions of two supervisors. Mr. Petty responded the resolution should reflect there are three seats. On MOTION by Mr. James seconded by Mr. Hayes with all in favor Resolution 2006 -4 Requesting the Collier County Supervisor of Elections Conduct an Election for Three Seats on the Board of Supervisors in Conjunction with the General Election to be Held in November 2006 was adopted. C. Meeting Dates for Fiscal Year 2007 Mr. Petty reported due to the Board's wish to change some of the meeting dates for fiscal year 2007, he requested the Board table this item for consideration at the next meeting. Mr. Lombardi requested the number of meetings be left at six. Mr. Petty reported if there is no business, staff will contact the Board accordingly. D. Financial Statements and Check Register Summary Mr. Spitz inquired why there was a bank statement but not the bank reconciliation they received in the past and what electronic ACH debit was. Mr. Petty suggested the accountant contact the supervisor and provide the answers to those questions. Mr. Lombardi requested Mr. Spitz be contacted directly. There was a list of banks the funds of the District could be invested and inquired how these banks could be listed as depositories. Mr. Petty responded by motion and second he will make it a part of the District's policy, subject to change as banks change. On MOTION by Mr. Ramundo seconded by Mr. Hayes with all in favor a policy will be established to invest in FDIC insured accounts. 5 May 15, 2006 Naples I lei it `ge 4134 Mr. Ramundo reported the rationale for the Board to approve an investment policy was the Board feeling the rates on the state investment vehicle were low and thought the banks had a better rate than the State. Mr. Lombardi suggested investing in an FDIC insured institution paying in excess of 5% and insuring each account up to $100,000. He pointed out the current investment matures on August 15th and the plan is to invest those funds in an FDIC institution paying in excess of 5 %. Mr. Petty responded the intent is when our current investment matures we roll it into a new investment at the highest rated yield on an FDIC insured account with preferably a local bank, if possible, but any FDIC approved bank as exhibited on the list, not to exceed a one year investment. Mr. Lombardi inquired if any excess funds go into a money market or a regular checking account. Mr. Petty responded it would go into an overnight account similar to a checking account with interest earnings. Mr. Lombardi recommended re- evaluating the excess funds at the next meeting. On MOTION by Mr. Ramundo seconded by Mr. Hayes with all in favor staff was authorized to re- invest $100,000 from the investment maturing in April the reinvestment of $100,000 in an FDIC insured bank for a period no more than one year at an interest rate of 5% or higher. Mr. van Assenderp inquired whether this Board adopted its own investment policy or using the one authorized by state law. Mr. Petty responded one adopted by the state allowing FDIC investments. FIFTH ORDER OF BUSINESS Attorney's Report There not being any, the next item followed. SIXTH ORDER OF BUSINESS Supervisor's Requests There not being any, the next item followed. SEVENTH ORDER OF BUSINESS Audience Comments A resident requested copies of easements and boundary surveys establishing ownership rights. 0 May 15, 2006 Naps Heritage CDD EIGHTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. James seconded by Mr. Hayes with all in favor the meeting was adiourned. p Frederick Hayes Peter J. Lombardi Assistant Secretary Chairman 7 AGENDA NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT Mondav Naples Heritage Golf & Country Club Clubhouse May 15, 2006 8150 Heritage Club Way 9:00 a.m. Naples, Florida 1. Roll Call 2. Approval of the Minutes of the March 13, 2006 Meeting 3. Public Hearing to Consider Resolution 2006 -5 Adopting the Budget for Fiscal Year 2007 and Resolution 2006 -6 Levy of Non Ad Valorem Assessments 4. Manager's Report A. Number of Registered Voters (911) B. Consideration of Resolution 2006 -4 for General Election C. Meeting Dates for Fiscal Year 2007 D. Financial Statements and Check Register Summary 5. Attorney's Report 6. Supervisor's Requests 7. Audience Comments 8. Adjournment Naples Daily News Naples, FL, 34102 Affidavit of Publi- cation Naples Daily News NAPLES HERITAGE COMMUNIT`i DEVELOPMENT DISTRICT 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 052512 59221489 NOTICE OFPUBLIC HEAR State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Coliiei- Count,,, Fiucida, each day and has been entered as second class mail matter at the post office in Naples ;. in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither: paid nor promised_ any person, firm or corpar -lion a.nv discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 04/25 04/25 05/02 05/02 AD SPACE: 1.09 -000 INCH FILED ON: 05/02/06 Signature of Affiant Sworn to and Sui scri bed before m( , Personally knot ;n b-;- me -- - - - - - - -- - + - - - - - - - - - -- - - - - - - - - - - - - - - Hi Av of 20 u NOTICE OF PUBLIC HEARING NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT The Board of Supervi- sors of the Naples Herr tage Community Devel- opment District will hold a public hearing on Monday, May 15, 2006 at 9:00 a.m. at the Naples Heritage Golf and Coun- try Club Clubhouse. 8150 Heritage club Way.l Naples, Florida, for the purpose of hearing comments and objec- tions on the adoption of the budgets) for. the operation and mainte -1, Hance of District facili ties for Fiscal Year 2007.1 In addition, the Board' will hear public com -I ment and objections rel- ative to the levy of al non ad valorem assess- ment pursuant to Flori- da Law for the purpose of operating, maintain ing and paying princi- pal, interest and other related financing ex- penses of the District. The District may also fund various facilities through the collection Of certain rates, fees and charges which are identified within the budget(s). A copy of the budget(s) may be ob- tained at the offices of Severn Trent Services, 210 N. University Drive, . Suite 800, Coral Springs,', Florida, during normal' business hours. The Board will also consider any other busrI ness which may proper -I ly come before it. The meeting is open to the I public and will be COn -1 ducted in accordance, with the provision of, Florida Law for COmmu -i nity Development Dis -, tricts. The meeting may be continued to a date, timC, and place to be specified on the records at the meeting. There may be occa- sions when one or more Supervisrs At the above location there will be present a speak- er telephone so that any interested person cal attend the meeting at the above location and be fully informed of the discussions taking place either in person or y telephone communi- cation. Any person requiring special accommoda- tions at this meeting because of a disability or ph sical impairment should contact the Dis- trict office at (954) 753 - endaadays prior to the meeting. Each person who de- cides to appeal any ac- tion taken at these meetings is advised that person will need a re- cord of the proceedings and that accordingly, the person may nee to ensure that 'a verbatim record of the proceed- ings is made, including the testimony and evi- dence upon which such appeal is to be based. Severn Trent Services i Management Company April 25, May 2 No. 135912°., RESOLUTION 2006 -5 A RESOLUTION ADOPTING THE FINAL BUDGET OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT FOR FISCAL YEAR 2007 Whereas, the District Manager has heretofore prepared and submitted to the Board, for approval, the District's proposed Operating Budget for the ensuing fiscal year; and WHEREAS, a public hearing has been held on this 15`h day of May, 2006, at which members of the general public were accorded the opportunity to speak prior to the adoption of the final budget; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT; The Operating Budget heretofore submitted to and approved by the Board is hereby adopted as the final Operating Budget of the District for Fiscal Year 2007. 2. A verified copy of said final Operating Budget shall be attached as an exhibit to this Resolution in the District's "Official Record of Proceedings ". Adopted this 15`h day of May, 2006. Peter J. Lombardi Chairman Jo Petty % Secretary l f Naples Heritage COMMUNITY DEVELOPMENT DISTRICT General Fund Budget Fiscal Year 2007 Adopted May 15th, 2006 Fund Balance Audited 9/30/2005 Projected Fund Balance 9/30/2006 1 $189,384 36 Naples Heritage Community Development District General Fund Budget for Fiscal Year 2007 Adopted Amounts Received or Expended Final Budget Year to Date Projected to Budget FY 2005 FY 2006 3/31/2006 9/30/2006 Total FY 2007 Revenues: Interest Income $5,092 $2,500 $1,478 $2,069 $3,5 $3,0$ 0 Carryforward Fund Balance $0 $0 $0 $0 $0 $0 $0 Assessment Levy $52,164 $57,009 $50,919 $6,090 $57,009 ,, $33,929 Total Revenues: $57,256 $59,509 $52,397 $8,159 $60,556 $36,929 Expenditures: Professional and Admin Fees: Board of Supervisor's Fees $6,859 $6,459 $3,230 $3,230 $6,459 $6,459 Engineering $630 $1,000 $0 $1,000 $1,000 $1,000 NPDES Program $0 $10,000 $0 $0 $0 $0 Legal $2,200 $1,500 $211 $1,289 $1,500 $1,500 Audit $5,200 $5,200 $0 $0 $0 $0 Manager $12,000 $10,000 $5,000 $5,000 $10,000 $10,000 Accounting $6,000 $6,000 $3,000 $3,000 $6,000 $6,000 Accounting - GASB 34 $0 $5,000 $1,360 $0 $1,360 $0 Supervisor of Elections $1,977 $0 $0 $0 $0 $0 Travel & Per Diem $283 $0 $0 $0 $0 $0 Telephone $377 $400 $182 $150 $332 $250 Postage $873 $750 $548 $300 $848 ' $500 Rentals & Leases $2,400 $0 $0 $0 $0 $0 Printing and Binding $927 $1,000 $419 $400 $819 ,' $750 Legal Advertising $1,299 $1,000 $657 $343 $1,000 $1,000 Office Supplies $630 $250 $71 $100 $171 $250 Annual District Filing Fee $175 $175 $175 $0 $175 $175 Insurance $6,000 $6,000 $5,000 $1,000 $6,000 $6,000 Contingencies $129 $500 $135 $365 $500 $500 Total Prof & Admin Fees $47,959 $55,234 $19,987 $16,177 $36,164 $34,384 Other Fees and Charges: Tax Collector $0 $1,140 $0 $1,140 $1,140 $679 Property Appraiser $844 $855 $819 $0 $819 $509 Revenue Reserve $0 $2,280 $0 $2,280 $2,280 ,. $1,357 Total Other Fees & Chgs $844 $4,275 $819 $3,420 $4,239 $2,545 Total Appropriations $48,803 $59,509 $20,807 $19,597 $40,404 $36,929 Net Income From Operations $8,453 $0 $31,590 ($11,438) $20,152 Fund Balance Audited 9/30/2005 Projected Fund Balance 9/30/2006 1 $189,384 36 16'1 A� Naples Heritage Community Development District Budget - General Fund 001 Fiscal Year 2007 Revenue: Interest Income $3,000 Carryforward Fund Balance $0 Assessment Levy $33,929 for each Board member. Total Revenue: $36,929 Appropriations: Professional Fees: $1,000 Board of Supervisor's Fees $6,459 Engineering $1,000 NPDES Program $0 Legal $1,500 Audit $0 Manager $10,000 Audit Subtotal: $18,959 Administrative Fees: Accounting $6,000 Telephone $250 Postage $500 Printing and Binding $750 Legal Advertising $1,000 Office Supplies $250 Annual District Filing Fee $175 Insurance $6,000 Contingencies $500 Total Professional Services: $18,959 Subtotal: $15,425 Other Fees & Charges: Tax Collector $679 Property Appraiser $509 Revenue Reserve $1,357 Subtotal: $2,545 Total Appropriations: $36,929 FY 2006 FY 2007 Assessable Units 799 799 Assessment Per Unit $42.46 $42.46 Personal Services Supervisor's Fees $6,459 The amount paid to each Supervisor for the time devoted to the District business and monthly meetings. The amount permitted is $200.00 plus payroll taxes per meeting for each Board member. Professional Services Engineering $1,000 Consists of attendance at scheduled meetings of the Board of Supervisor's, offering advice and consultation on all matters related to the works of the District, such as bids for yearty contracts, operating policy, compliance with regulatory permits, etc. Legal $1,500 Requirements for legal services are estimated and also cover such items as attendance at scheduled meetings of the Board of Supervisor's contract preparation and review, etc. Audit $0 The District is required to annually undertake an independent examination of its books, records and accounting procedures. This audit is conducted pursuant to State Law and the Rules of the Auditor General. Because the District's annual revenues and expenditures do not exceed $100,000.00, there is no audit required. Management $10,000 The District retains the services of a consulting manager, who is responsible for the daily administration of District business, including any and all financial work related to the Operating Fund, and preparation of the minutes of the Board of Supervisors. In addition, the District Manager prepares the Annual Budget, implements all policies of of the Board of Supervisors, and attends all meetings of the Board of Supervisors. Total Professional Services: $18,959 2 Naples Heritage Community Development District Budget - General Fund 001 Fiscal Year 2007 Administrative Services: For Services rendered in the daily operation of the District Accounting Telephone Postage Printing and Binding Legal Advertising Office Supplies Annual District Filing Fee Insurance The District carries Public Officials Liability and General Liability Insurance. The Limit of Liability is set at $2,000,000.00. Contingencies $500 Total Administrative Services: $15,425 $6,000 $250 $500 $750 $1,000 $250 $175 $6,000 Other Fees and Charges: Tax Collector $679 Fees are based upon Fiscal Year 2005 Assessments to be collected. The Tax Collector's fees are 2% of assessments levied. Property Appraiser $509 Fees are based upon Fiscal Year 2005 Assessments to be collected. The Property Appraisers fees are 1.5% of assessments levied. Revenue Reserve $1,357 The District currently reserves, and State Law permits the District to appropriate 96% of estimated revenues, which will cover discounts and non - payment of assessments. Total Other Fees & Charges: $2,545 Total Appropriations: $36,929 3 RESOLUTION 2006 -6 A RESOLUTION LEVYING A MAINTENANCE ASSESSMENT WITHIN THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT FOR FISCAL YEAR 2007 WHEREAS, the Board of Supervisors of the Naples Heritage Community Development District finds that the assessment for operation and maintenance of the District during 2007 will amount to $35,009.00; and it is hereby determined that said maintenance is required within the District; WHEREAS, the Board of Supervisors of the Naples Heritage Community Development District finds that the assessment for debt service of the District during 2007 will amount to $0; and it is hereby determined that no debt service is required for the District; WHEREAS, the Board of Supervisors of the Naples Heritage Community Development District finds based upon the reports of the District Manager and District Engineer, and that the amounts of the maintenance non -ad valorem assessments are fairly and reasonably apportioned between benefited parcels in proportion to the benefits received by each special and peculiar parcel; and as between the parcels. WHEREAS, the Board of Supervisors has determined that from the systems facilities and services for maintenance there flows as logical connection peculiar to the parcels of property certain benefits including increased use and enhanced enjoyment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT; That a maintenance assessment in the total sum amount of $41.32 be and the same is hereby levied upon each tract or parcel of land within the Naples Heritage Community Development District. 2. That the collection and enforcement of the aforesaid assessment shall be at the same time and in like manner as Collier County taxes. All assessments shall be subject to the same discounts as Collier County taxes. 3. That the said maintenance assessment levy and the lists of lands included in the District to be levied upon are approved. Chair of the Board designates the manager to prepare the non -ad valorem roll using the names, address and legal description of each parcel received from the Property Appraiser. The designee shall certify the District's roll using compatible electronic medium to the Collier County Tax Collector pursuant to the uniform collection methodically of Florida. If the property appraiser as a matter of practice performs some of these duties for the District Board then the manager is instructed to write and have executed a letter of delegation of those duties from the Board to the property appraiser and if as applicable to the tax collector. The proceeds therefrom shall be paid to the Naples Heritage Community Development District. BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to the proper public officials so that its purpose and effect may be carried out in accordance with the law. PASSED AND ADOPTED this 15th day of May, 2006, by the Board of Supervisors of the Naples Heritage Community Development District, Collier County, Florida. A ;. c4w���� Peter J. Lombardi Chairman 0 I V 490" April 14, 2006 JENNIFER J. EDWARDS SUPERVISOR OF ELECTIONS Ms. Jean Rugg Naples Heritage CDD Severn -Trent Services 210 North University Dr. Suite 800 Coral Springs, FL 33071 Dear Ms Rugg In compliance with Chapter 190.006 Florida Statutes the total number of registered electors residing in the Naples Heritage CDD as of April 14, 2006 is 911. If the district will require an election to be staged as part of the general election to be held on November 7, 2006; we ask that you contact our office before June 1, 2006. Please feel free to contact our office with any questions you may have regarding the registered voters in your district or our election services. Sincerely, J David B. Carpenter Qualifying Officer cc. Ms Jennifer J. Edwards Supervisor of Elections OF F4 Collier Government Complex •Martin Luther King, Jr. Bldg. • 3301 Tamiami Trail East *R%,"6 Naples, Florida 34112 -4902 EF�°" Telephone: 239/774 -8450 • Fax: 239/774 -9468 lE I 1 A RESOLUTION 2006 -4 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT REQUESTING THE COLLIER COUNTY SUPERVISOR OF ELECTIONS CONDUCT AN ELECTION FOR THREE SEATS ON THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS IN CONJUNCTION WITH THE GENERAL ELECTION TO BE HELD IN NOVEMBER, 2006 WHEREAS, the Naples Heritage Community Development District ( "District ") is a local unit of special - purpose government established by Collier County Board of County Commissioners on October 1, 1990 pursuant to Chapter 190, F.S.; WHEREAS, the District Board of Supervisors consists of five members; and WHEREAS, Chapter 190, Section 190.006(3)(a), F.S., provides that following the sixth year after establishment and once a District reaches 250 qualified electors, the positions of two Supervisors whose terms are expiring shall be filled by qualified electors of the District, elected by the qualified electors of the District, for four -year tern-is; and WHEREAS, Chapter 190, Section 190.006(8) F.S, provides for each supervisor to be entitled to receive an amount not to exceed $200 per meeting of the Board of Supervisor and not to exceed $4,800 per year per supervisor; and WHEREAS, on April 14, 2006, the Collier County Supervisor of Elections determined the number of qualified electors in the District to be 911; and WHEREAS, Florida Law provides for the election of members to specific terms and seat numbers for the Board of Supervisors of the Naples Heritage Community Development District and calls for the election of three members of the Board of Supervisors of said District for seat numbers and length of terms thereof. Seat Number 3 Seat Number 4 Seat Number 5 Length of term: Four -years Length of term: Four -years Length of term: Four -years NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, that: SECTION ONE There is hereby called an election in the County of Collier, State of Florida. Said election is to be held on November 7, 2006, for the purpose of having all of the qualified electors residing within the boundaries of said District to determine the members to serve as the Board of Supervisors of said District. SECTION TWO FS §99.061 THE PERIOD OF QUALIFYING AS A CANDIDATE FOR A SUPERVISOR TO SAID DISTRICT SHALL BE FROM NOON JULY 17, 2006 THROUGH NOON JULY 21, 2006. SECTION THREE FS §100.011, FS CHAPTERS 189, 190, 191, LOF 97 -340 (where applicable) Said election shall be conducted according to the requirements of general law and law governing special district elections. SECTION FOUR FS � 100.011 AND & 10 1. 151 The election shall be held at the precinct polling places designated by the Supervisor of Elections in Collier County, Florida. The polls shall be opened and closed as provided by law, and the ballot shall contain the names of the candidates to be voted upon. SECTION FIVE FS 100.021 100.021 Notice of general election — The Department of State shall, in any year in which a general election is held, make out a notice stating what offices and vacancies are to be filled at the general election in the state, and in each county and district thereof. During the 30 days prior to the beginning of qualifying, the Department of State shall have the notice published two times in a newspaper of general circulation in each county; and, in counties in which there is no newspaper of general circulation, it shall send to the sheriff a notice of the offices and vacancies to be filled at such general election by the qualified voters of the sheriffs county or any district thereof, and the sheriff shall have at least five copies of the notice posted in conspicuous places in the county. SECTION SIX & 100.011 Election costs shall be the responsibility of the District pursuant to Florida Statute 100.011. THE FOREGOING RESOLUTION WAS OFFERED BY SUPERVISOR James who moved its adoption. The motion was seconded by Supervisor Hayes and upon being put to a vote, the vote was as follows: AYE: Supervisors Lombardi Ramundo Hayes James Spitz NAY: None 1) r: This Resolution shall become effective upon its passage and the District's Secretary is authorized to provide the Collier County Supervisor of Elections with a copy of this resolution on or before May 26, 2006. THIS RESOLUTION IS DULY PASSED AND ADOPTED this 15`h day of May, 2006. r John etty Secretary 3 BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT / � J . A"Zr-� Peter J. Lombardi Chairman Notice Of Meetings Naples Heritage Community Development District The Board of Supervisors of the Naples Heritage Community Development District will hold their meetings for Fiscal Year 2007 at the Naples Heritage Golf and Country Club Clubhouse, 8150 Heritage Club Way, Naples, Florida at 9:00 a.m. on the second Monday as follows: November 13, 2006 January 8, 2007 March 12, 2007 April 9, 2007 May 14, 2007 September 10, 2007 Meetings may be continued to a date and time certain which will be announced at the meeting. There may be occasions when one or more Supervisors will participate by telephone. At the meeting location there will be present a speaker telephone so that any interested person can attend the meeting at the meeting location and be fully informed of the discussions taking place either in person or by telephone communication. Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (954) 753 -5841 at least five calendar days prior to the meeting. Each person who decides to appeal any action taken at these meetings is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. John Petty Manager Naples Heritage CDD Executive Summary March 31, 2006 We have reviewed the Financial Statements and have tied the Net Revenues Less Expenses to the Equity Section on the Balance Sheet. The Financial Statements agree with the General Ledger. During the course of our review we noted that the Bank Reconciliation and Bank Statements agree with the Cash and Investment accounts on the Balance Sheet. Additionally we noted that the Assessment Levy is 90% collected. Naples Heritage COMMUNITY DEVELOPMENT DISTRICT Financial Statements Unaudited March 31, 2006 Naples Heritage Community Development District Combined Balance Sheet March 31, 2006 General Fund Assets Cash $44,245 Investment 125,000.00 Interest Receivable ___ Accounts Receivable ___ Prepaid Expenses ___ Total Assets $169,245 Liabilities: Accounts Payable Fund Balances: Unreserved Total Liabilities and Fund Equity & Other Credits $169,245 $169,245 � ffr ` � • • Revenues: Interest Income - Investments Assessment Levy Gain/Loss on Investments Total Revenues Expenditures: Administrative Supervisor Fees Engineering Accounting Services Attorney Management Fees Telephone Postage Insurance Printing & Binding Legal Advertising Other Current Charges Office Supplies Annual District Filing Fees Contingencies Tax Collection Revenue Reserve Property Appraiser Total Administrative Total Expenditures Excess Revenues (Expenditures) Fund Balance - Beginning Fund Balance - Ending 6 r�u � Naples Heritage Community Development District General Fund Statement of Revenues & Expenditures For the Period Ended March 31, 2006 ADOPTED PRORATED ACTUAL BUDGET THRU 03/31/06 THRU 03/31/06 VARIANCE $3,000 $1,500 $2,510 $1,010 33,929 $16,965 30,593 13,628 0 0 (384) (384) $36,929 $18,465 $32,719 $14,254 * Road Pavement - Black Magic Asphalt Inc. $6,459 $3,230 $2,799 $431 1,000 500 0 500 6,000 $3,000 2,500 500 1,500 750 160 590 10,000 $5,000 4,167 833 250 125 1 124 500 213 371 (158) 6,000 5,000 5,000 0 750 375 205 171 1,000 500 914 (414) 0 0 45,350 (45,350) 250 125 125 1 175 175 175 0 500 250 0 250 679 340 0 340 1,357 679 0 679 509 255 855 (601) $36,929 $20,515 $62,620 ($42,105) $36,929 $20,515 $62,620 ($42,105) $0 ($29,901) 199,146 $169,245 V °o LO 0 to 0 ,a O �U O O o CA C13 co N tT O li) I ') to to 0 0 O cco � T P"7 T co w C d C O O O O U co F) U T O Cl) T C T M_ Q to fA ,ii 4) LO C o) r- M r M T T M_ T Cl) O Q to ti7 co O It m z as N N N C C) o0 O O O LL V O O 0. 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Correspondence Agenda Date Agenda Item # DATE: January 25, 2007 RE: Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Naples Heritaue Community Development District Naples Heritage Community Development District has submitted the following items: a. Minutes of meeting held October 23, 2006. b. Minutes of meeting held November 13, 2006. Thank you \special\special Miss. Corres: Date: Item #.__.___ G�Ir�i�s t;3: Naples Heritage Community Development District SEVERN TRENT MANAGEMENT SERVICES 210 N. University Drive, Suite 800, Coral Springs, Florida 33471 Tel. (954) 753 -5841 • Fax (954) 796 *0623 DATE: January 11, 2007 Mr. Derrick Johnssen CLERK OF THE CIRCUIT COURT Finance Department 2671 Airport Road, Court Plaza III Post Office Box 413016 Naples, Florida 341121-3016 FROM: Diane M. Manza, Recording Secretary RE: Minutes of the Meetings held October 23 and November 13, 2006 Enclosed for your records are copies of the minutes of the above meetings of the Naples Heritage Community Development District, which are to be kept on file for public access. /dmm Encl: Cc: For information purposes only: Mr. Jim Mudd COLLIER COUNTY MANAGER Governmental Center 3301 East Tamiami Trail Administrative Building Naples, Florida 34112 Mr. Dan Cox PO Drawer CC Carrabelle, FL 32322 Ms. Cindy Rymer GRAU & COMPANY, P.A. 2700 North Military Trail Suite 350 Boca Raton, Florida 33431 MINUTES OF MEETING NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Naples Heritage Community Development District was held on Monday, October 23, 2006 at 9:00 a.m. at Naples Heritage Golf and Country Club Clubhouse, 8150 Heritage Club Way, Naples, Florida. Present and constituting a quorum were: Peter J. Lombardi Peter V. Ramundo Frederick Hayes Gerald G. James Also present were: John Petty Janice Larned Tim Qualls Chairman Vice Chairman Supervisor Assistant Secretary Manager Severn Trent District Counsel (via telephone) The following is a summary of the discussions and actions taken at the October 23, 2006 Board of Supervisors meeting. FIRST ORDER OF BUSINESS Roll Call Mr. Lombardi called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the May 15, 2006 Meeting Mr. Lombardi stated each Board member received a copy of the minutes of the May 15, 2006 meeting and requested any corrections, additions or deletions. There not being any, On MOTION by Mr. Ramundo seconded by Mr. Haves with all in favor the minutes of the May 15, 2006 were approved. THIRD ORDER OF BUSINESS Manager's Report • Mr. Petty informed the Board the $100,000 was not invested in the CD at the 5% or better interest rate for a term not to exceed one year as requested. • These funds are in an overnight account and the interest rate to date is 4 %. October 23, 2006 Naples Heritage C • Mr. Lombardi inquired whether Severn Trent will make an adjustment for the difference of the interest. • Mr. Petty responded no and noted Severn Trent is the District Manager not the investment banker for the District and cannot extend the guarantee of investments. • Mr. Ramundo noted there was a directive at the May meeting to place this $100,000 into a CD account in accordance with the policy adopted at the meeting. • Items are not being followed up after Board meetings. • This indicates a lack of communication between the District Manager and his staff, particularly the Accounting Department. • This must be corrected and the Board reiterated the investment must be made. • The Board will follow up on issues with the District Manager the day after meetings. • Mr. Petty noted Ms. Larned is present today to explain the policy but this is probably not a comfort to the Board. • Mr. Petty agreed it was a directive as stated in the minutes which was adopted and directed by staff. • Mr. Petty noted he gave the direction verbally but did not follow up. • He will follow up and give the Board verification of the investment. A. Audit Committee Selection Process i. Appointment of Committee Members ii. Establishment of RFP Evaluation Criteria iii. Authorization to Proceed with RFP • Mr. Lombardi noted Florida Statute states if expenditures are between $50,000 and $100,000 for the year and you have not had an audit in the last two years, then you must have one. • Last year the total expenditure was $67,000. • The District Manager will research when the last audit was performed and report back to the Board. • Mr. Qualls advised beginning the audit process will not cause any harm and everything will be in place if it is necessary to proceed. • The Board does not anticipate spending more than $50,000 next year. 2 *r October 23, 2006 Naples IritageCD • The process will begin but will be held in abeyance until the question is answered. • Mr. Ramundo noted the last audit had to be for the year 2003 -2004, prior to this we will need to go forward with the process. • Mr. Petty stated staff will follow up. • Mr. Petty noted the series of actions to take today is to appoint a committee and recommends the Board sit as this committee. On MOTION by Mr. Hayes seconded by Mr. Ramundo with all in favor the Board was appointed as the Audit Committee. • Mr. Petty recommended the Board adopt the state standards which are based on qualifications as criteria. On MOTION by Mr. Ramundo seconded by Mr. Hayes with all in favor the state standard of qualifications for auditors was adopted. • Staff was authorized to proceed with RFP and bring them before the Board at the November 13, 2006 meeting. B. Consideration of Resolution 2007 -1 Designating Kenza van Assenderp as the District's Registered Agent and Further Designating his Office as the District's Registered Office for Service of Process • Mr. Petty recommended adoption of Resolution 2007 -1 which is a housekeeping matter so all legal correspondence for the District will go through the District Counsel's office. On MOTION by Mr. Hayes seconded by Mr. James with all in favor Resolution 2007 -1 Designating Kenza van Assenderp as the District's Registered Agent, and Further Designating the District's Registered Office for Service of Process as Young, van Assenderp, et. Al. 225 S. Adams Street, Suite 200, Tallahassee, Florida was adopted. • It was questioned if there is a requirement the records be kept within the county. • Mr. Qualls indicated there is no such requirement. 3 October 23, 2006 Naples Heritage CDb • Mr. Ramundo questioned where residents should send their requests for information. • Public record requests should be sent to Severn Trent. • Legal matters such as issuing of actions against this body should be sent to the registered office. FOURTH ORDER OF BUSINESS Attorney's Report There not being any, the next item followed. FIFTH ORDER OF BUSINESS Supervisor's Requests • Mr. Lombardi reviewed the election process. • Naples Heritage residents are identified prior to voting. • The names of the candidates will only appear on the District screen where they are running and no other screen in the state. • The same applies to the absentee ballots. SIXTH ORDER OF BUSINESS Audience Comments There not being any, the next item followed. SEVENTH ORDER OF BUSINESS Approval of Financial Statements and Check Register • The variance for the insurance item in the budget should be changed to $1,000. • Staff will make this correction. • The District operated within budget this year. • The variance for legal advertising should be changed to $985. Dn MOTION by Mr. Hayes seconded by Mr. Ramundo with all it favor the financial statements and check register for period endinu September 30, 2006 were approved as amended. • It was requested the District Manger distribute copies of the adopted budget to the Board at the November 13, 2006 meeting. M October 23, 2006 Naples I4eritage CDD • It was requested the District Manager confirm the $100,000 investment was made at the November 13, 2006 meeting. • It was noted World Bank is issuing a seven month certificate for 6.1 %. On MOTION by Mr. Hayes seconded by Mr. James with all in favor staff was authorized to invest the $100,000 with World Bank for seven months at 6.1 % interest or better. EIGHTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. Ramundo seconded by Mr. Hayes with all in favor the meeting was adjourned. F Brick Hayes Assistant Secretary Peter J. Lombardi Chairman 1 r_ 1 NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT Monday Naples Heritage Golf & Country Club Clubhouse October 23, 2006 8150 Heritage Club Way 9:00 a.m. Naples, Florida 1. Roll Call 2. Approval of the Minutes of the May 15, 2006 Meeting 3. Manager's Report A. Audit Committee Selection Process i. Appointment of Committee Members ii. Establishment of RFP Evaluation Criteria iii. Authorization to Proceed with RFP B. Consideration of Resolution 2007 -1 Designating Kenza van Assenderp as the District's Registered Agent and Further Designating his Office as the District's Registered Office for Service of Process 4. Attorney's Report 5. Supervisor's Requests 6. Audience Comments 7. Approval of Financial Statements and Check Register 8. Adjournment Naples Daily News ' Naples, FL 34102 Affidavit of Publication Naples Daily News ------------------------- - - - - -- NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR 4702 CORAL SPRINGS FL 33071 REFERENCE: 052512 59305517 Notice Of Regular Me State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed_ Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper_ PUBLISHED ON: 10/16 10/16 Notice Of Regular Meeting And Audit Cgptmitteg Meeting Naples HertYage" , Community Development District The regular meeting of the Board of Supery i sors of the Naples Heritage Community DeveloF ment District will be held on Monday October, 2: 2006 at 9:00 A.M. at tt*,Naptes Heritage Golf.,an Country Club ,Clubhouse, =$150 HeSrta Club Yi!a Naples, Florida. 'Aso dunfig this meeting, the - Committee will meet relating.to the'Districts Fisci year ended September 30, "2005 auditproposals an pprocess. The meeting is open to the public and wi be conducted in accordance with the provisions'( Florida Law for Community Development District The meeting may be continued to, a.date. time, an place to be specified on the record at the meetim A copy of the - agenda for -this meetind may be .ol tained from SEVERN TRENT, SERVICES; 210 Norl University Drive, Suite 800, Coral 'Springs, Florid 33071. There may be occasions when one or more Si i will narticinate by .telephone. At tt so that any interested` person can attend the g' at the above . location, and be fully in- I of the discussions taking place either -in or by telephone com_ munication. 3erson .requiring •special accommodations .meeting because of a disapiiity or physical menf, should contact the District office at 's3 S841 'at least three calendar days 1phor to etmg eluding the testimony and evidence . upon .Which such.appeal is to. be based• john Petty Manager No. 1457049 . October 16 AD SPACE: 94.000 INCH FILED ON: 10/16/06 - --- - - - - -- ---------------+------------------------ Signature of Affiant / " Sworn to and Subscribed before me this YA.:�3 -] day of OQk 20t ` Personally known by me c k_,_ - ,,s_ C� ;��7 n, It C, Ct�L Chanel A McDonald MYCOMMISSION x DD210293 EXPIRES June 29, 2007 BONGED THRU TROY FAN INSURANCE INC REQUEST FOR PROPOSAL AUDITING SERVICES For Various Community Development Districts June 20, 2005 SECTION I - INTRODUCTION /INFORMATION Severn Trent Management Services, on behalf of several community development districts (District), is requesting proposals from qualified independent Certified Public Accounting firms for independent annual audits of the District's general purpose financial statements for the fiscal year 2006. All requests for information or clarification should be communicated to Barbara Galatis at b Iat latis(a—)severntrentms.com, Severn Trent Services, 210 N. University Drive, Suite 702, Coral Springs, Florida 33071, 954- 753 -5841. Interested firms must submit by (date) six (6) copies of their complete proposal, sealed and clearly marked on the outside as follows: "REQUEST FOR PROPOSAL AUDITING SERVICES" Community Development Districts c/o Severn Trent Management Services 210 N. University., Suite 702 Coral Springs, FL 33071 Attn: Barbara Galatis SECTION II- TECHNICAL SPECIFICATIONS /PROJECT DESCRIPTION The District desires the Auditor to express an opinion on the fair presentation of its general purpose financial statements in conformity with generally accepted accounting principles and meets the requirements of the Florida Statutes. A community development district is a special purpose local government established under Chapter 190, Florida Statutes. The certified public accounting firm licensed under chapter 473, Florida Statutes, responding to this proposal shall be qualified to audit according to government auditing standards under the Florida Board of Accountancy, AICPA, the General Accounting Office, and rules of the Auditor General of the State of Florida. SECTION III - CONSIDERATION FOR AWARD All responsive proposals submitted will be evaluated and considered by the Audit Committee of the District. Proposals will be evaluated using the information in accordance with Florida Statute 2 18.39 1 and shall include , but are not limited to, ability of personnel, experience, ability to furnish the required services, and such other factors a may be determined by the audit committee to be applicable to its particular requirements. 2 Rank Firm Name Professional Standing /ability of personnel 25 pts Evaluation and Ranking Form District experience and knowledge 25 pts 3 Staff depth/ ability to perform 25 pts lb i 1 A Fee 25 pts Score RESOLUTION 2007 -1 A RESOLUTION DESIGNATING KENZA VAN ASSENDERP AS THE DISTRICT'S REGISTERED AGENT, AND FURTHER DESIGNATING THE DISTRICT'S REGISTERED OFFICE FOR SERVICE OF PROCESS AS YOUNG, VAN ASSENDERP, ET AL, 225 S. ADAMS STREET, SUITE 200, TALLAHASSEE, FLORIDA WHEREAS, Section 189.416 of the Florida Statutes requires each District to designate a Registered Office and a Registered Agent upon whom may be served any process, notice, or demand required or permitted by law to be served upon the District, and WHEREAS, the Board desires to designate Kenza van Assenderp as its Registered Agent and designate his business address which is Young, van Assenderp, et al., 225 S. Adams Street, Suite 200, Tallahassee, Florida, 32302 as its Registered Office; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT: Kenza van Assenderp whose business address is Young, van Assenderp, et al., 225 S. Adams Street, Suite 200, Tallahassee, Florida, 32302 and whose telephone number is (850)222 -7206 is hereby designated as the Registered Agent of the District for the purpose of Section 189.416(1), Florida Statutes and his office as the Registered Office of the District. 2. This Resolution shall take effect immediately. 3. The District Manager shall transmit certified copies of this Resolution to the Clerk of the Collier County Board of County Commissioners, and to the State of Florida Department of Community Affairs. Adopted this 23`d day of October, 2006. Peter Lom Chairman i Petty ecretary 16 I 1 A Naples Heritage COMMUNITY DEVELOPMENT DISTRICT Financial Statements Unaudited September 30, 2006 Naples Heritage Community Development District Combined Balance Sheet September 30, 2006 Assets: Cash Interest Receivable Accounts Receivable Prepaid Expenses Total Assets Liabilities: Accounts Payable Accrued Expenses Fund Balances= Unreserved Total Liabilities and Fund Equity & Other Credits General Fund $165,698 $165,698 $6,278 $0 $159,420 $165,698 i Naples Heritage Community Development District General Fund Statement of Revenues & Expenditures For the Period Ended September 30, 2006 ADOPTED PRORATED ACTUAL BUDGET THRU 09/30/06 THRU 09/30/06 VARIANCE Revenues: $6,459 $6,459 $3,875 $2,584 Interest Income - Investments $3,000 $3,000 $3,790 $790 Assessment Levy 33,929 33,929 34,712 783 Miscellaneous Income 0 0 89 89 Gain /Loss on Investments 0 0 1,228 1,228 Total Revenues $36,929 $36,929 $39,819 $2,890 Expenditures: Administrative Supervisor Fees $6,459 $6,459 $3,875 $2,584 Engineering 1,000 1,000 0 1,000 Accounting Services 6,000 $6,000 6,000 0 Attorney 1,500 1,500 1,012 488 Management Fees 10,000 $10,000 10,000 0 Telephone 250 250 2 248 Postage 500 213 1,160 (947) Insurance 6,000 5,000 5,000 0 Printing & Binding 750 750 534 216 Legal Advertising 1,000 740 1,985 (1,245) Other Current Charges 0 0 289 (289) Capital Outlay* 0 0 45,300 (45,300) Collection Fees & Discounts 0 0 1,874 (1,874) Office Supplies 250 250 387 (137) Annual District Filing Fees 175 175 175 0 Contingencies 500 500 587 (87) Tax Collection 679 679 0 679 Revenue Reserve 1,357 1,357 0 1,357 Property Appraiser 509 509 1,364 (855) Total Administrative $36,929 $35,382 $79,545 ($44,163) Total Expenditures $36,929 $35,382 $79,545 ($44,163) Excess Revenues (Expenditures) $0 ($39,726) Fund Balance - Beginning 199,146 Fund Balance - Ending $159,420 * Road Pavement - Black Magic Asphalt Inc. co rcn CD 0 O CD N J lE O 0 n O o °i O O U 7 Q) a_ O yU 0 W O U O 'E C O 'd o M O M C IM O o z T m U Z M r U) c J 0 UD C) O C O N d U Q Ln a M a o O Ln Ln Z_ m C O o O 3 O O LL O O N co �+ co O M (U co N M Cl) _ O J E r r Ln a it > in in z in in 0 tt7 O � r` v N >_ J ,- O O E ^ O C Q O N C O O O O i 4% N N � co U (n M O O E r O 7 Zv O 00 M Y C CO U 3 N C O V U Q co Y', ` 1 A O X O yOj W r ❑W 0 o a. u. 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W LL W U- O C Ooh O 4 V m~ N o~ O 6 F- E o Z Z n Z Z Ln Z Z Z Z Z Z CD O CD O (D o CD O CD O Cl) O N O N o N 0 N 0 N Cj V W o W o W o W o W Z > Z Z Z Z N E ^ ^ ^ Sri C C T c C T C (h O - O - O O - O - N T N L O D U U U U N U o m d Lo N o ) d L, d o , a) O E ' ❑ N❑ N❑ N❑ CND 7 N C Z CND N O N N O N Y C U 3 CD O O M L UQ N LO T N O 7 (n O C O O O U o D a `o Q d cc OM Y N Y C _ p •� n U 7 y ° t4 m m n� U o U In W 0 '' a o Y d Cc o d E (U= .. s mUZ cr GO o rn Y W U J 0) C_ N d N N Y U z IL a 0 lD M N N LO CD c7 N N LO (D M N N to _N (4 O F- Bank Reconciliation Naples Heritage Community Development District Bank Account No. 0241 Statement No. 09 -06 Statement Date 09130/06 G/L Balance ($) 165,698.15 G/L Balance 165,698.15 Positive Adjustments 0.00 Subtotal 165,698.15 Negative Adjustments 0.00 Ending G/L Balance 165,698.15 Difference 0.00 Currency Code Statement Balance 165,698.15 Outstanding Deposits 0.00 Subtotal 165,698.15 Outstanding Checks 0.00 Total Differences 0.00 Ending Balance 165,698.15 Posting D Document Accou 418.16 Bal. Sal. Account Date Ty No. Type Account No. Description Accou No. Deposits 0.00 - 218.63 - 218.63 0.00 12/01/05 JE000068 GiL Ac CK # 3065, 10/26/04 G/L Ac 09/01/06 JE000087 GIL Ac INTEREST G/L Ac 09/14/06 JE000096 G/L Ac VOID STALE DTD CK #3065, 10/ G/L Ac 09/21/06 JE000097 G/L Ac BANK CHARGES G,'L Ac 09/22/06 JE000099 G/L Ac ANALYSIS FEE (FOR MARCH) G/L Ac Total Deposits October 16, 2006 10:05 AM Page 1 ROW LEYS Cleared Amount Amount Difference -88.91 -88.91 0.00 418.16 418.16 0.00 88.91 88.91 0.00 -70.80 -70.80 0.00 - 218.63 - 218.63 0.00 128.73 128.73 0.00 161 A MINUTES OF MEETING NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT The audit committee and regular meeting of the Board of Supervisors of the Naples Heritage Community Development District was held on Monday, November 13, 2006 at 9:00 a.m. at Naples Heritage Golf and Country Club Clubhouse, 81.50 Heritage Club Way, Naples, Florida. Present and constituting a quorum were: Peter J. Lombardi Peter V. Ramundo Frederick Hayes Gerald G. James Also present were: John Petty Janice Lamed Tim Qualls Kenneth Gaynor Chairman Vice Chairman Supervisor Assistant Secretary Manager Severn Trent District Counsel (via telephone) The following is a summary of the discussions and actions taken at the November 13, 2006 Board of Supervisors meeting. • Oaths of Office were administered to Mr. Peter Ramundo, Mr. Kenneth Gaynor and Mr. Gerald James. FIRST ORDER OF BUSINESS Roll Call Mr. Petty called the meeting to order. Mr. Hayes nominated Mr. Peter Lombardi and Mr. Ramundo seconded the nomination with all in favor Mr. Lombardi was appointed Chairman. Mr. James nominated Mr. Peter Ramundo and Mr. Hayes seconded the nomination with all in favor Mr. Ramundo was appointed Vice Chairman. November 13, 2006 Naples Heritage CDD Mr. Petty stated currently Ms. Janice Larned and Mr. Ed Goscicki are Treasurers and we suggest this be corrected to Ms. Janice Larned as Treasurer and myself as Assistant Treasurer so I can sign in her absence. On MOTION by Mr. James seconded Mr. Ramundo with all in favor Ms. Janice Larned was appointed Treasurer and Mr. John Petty was appointed Assistant Treasurer. Mr. Petty stated I ask the Board to consider appointing myself as Secretary in order to sign documents and all the remaining Board members be appointed as Assistant Secretaries. On MOTION by Mr. Ramundo seconded Mr. James with all in favor Mr. John Petty was appointed Secretary and Mr. Hayes, Mr.' James and Mr. Gaynor were appointed Assistant Secretaries. Mr. Lombardi called the roll. Mr. Petty stated since this body was elected as the audit selection committee themselves and not a separate entity, we can continue with the normal meeting. SECOND ORDER OF BUSINESS Approval of the Minutes of the October 23, 2006 Meeting Mr. Petty stated each Board member received a copy of the minutes of the October 23, 2006 meeting and requested any corrections, additions or deletions. • It was requested copies of the last six meeting minutes and Chapter 190 be sent to Mr. Gaynor. THIRD ORDER OF BUSINESS Auditor Selection Committee A. Audit Ranking Recommendations • The Board did not prepare an audit last year or the year before and must conduct one for the year ending 2006. • A multi -year contract is signed so the Board is not required to go through the RFP process for audit proposals again. • Every year the auditor will offer a letter and if you require an audit you will accept it. • If the District expenditure is under $50,000 an audit is not required. 6 1 1 November 13, 2006 Naples Heritage CDD • The District received proposals from Grau & Associates; Berger, Toombs, Elam, Gaines & Frank; Keefe, McCullough & Co.; DiBartolomeo, McBee, Hartley & Barnes and Kettering, Barberio & Co. The Board and staff discussed the received audit proposals with the outcome being Grau & Associates were ranked as number one. On MOTION by Mr. James seconded Mr. Hayes with all in favor Grau & Associates was ranked #1; Berger, Toombs, Elam, Gaines, & Frank was ranked #2 and Keefe, McCullough & Company was ranked #3. B. Authorization to Enter Into a Three Year Contract with the Selected Audit Firm On MOTION by Mr. James seconded Mr. Ramundo with all in favor staff was authorized to enter into a three year contract not to exceed $4,000 with the # 1 ranked firm of Grau & Associates and if not successful to negotiate and enter into a contract with the #2 ranked audit firm of Berger, Toombs, Elam, Gaines & Frank. FOURTH ORDER OF BUSINESS Manager's Report • At the last meeting the Board approved investing the $100,000 in a CD offering 6% interest. • This 6% interest CD was by invitation only and expired. • Recommendation by Severn Trent staff is a one year CD at 5.2% interest with M & I Bank of Collier County. • This can be done today with the Board's authorization. On MOTION by Mr. Ramundo seconded Mr. Hayes with all in favor staff was authorized to invest the $100,000 with M & I Bank of Collier County for one year at 5.2% interest. FIFTH ORDER OF BUSINESS Attorney's Report • Mr. Qualls noted Chapter 190 has not changed but Chapter 218.39 has and it can be accessed on line. 3 r� November 13, 2006 Naples Heritage CDD • Myflorida.com is a great resource for statute information. SIXTH ORDER OF BUSINESS Supervisor's Requests • The Board requested copies of the adopted budget for fiscal year 2007. • The Board requested their seasonal mailing addresses be corrected. The Board and staff discussed having information sent to the correct address with the outcome being Mr. Petty will have Ms. Cox contact each Board member individually and tear out bible pages in each department and start with this correct new information. • The next Board meeting will be January 8, 2007 at 9:00 a.m. SEVENTH ORDER OF BUSINESS Audience Comments There not being any, the next item followed EIGHTH ORDER OF BUSINESS Adjournment There being no further business, the meeting was adjourned. Frederick Haves Assistant Secretary �—e'ter J. Lombardi Chairman 4 NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT Monday Naples Heritage Golf & Country Club Clubhouse November 13, 2006 8150 Heritage Club Way 9:00 a.m. Naples, Florida Audit Committee Meetin 1. Roll Call 2. Ranking of Audit Firm Proposals 3. Adjournment Board Meeting 1. Roll Call 2. Approval of the Minutes of the October 23, 2006 Meeting 3. Auditor Selection Committee A. Audit Ranking Recommendations B. Authorization to Enter Into a Three Year Contract with the Selected Audit firm 4. Manager's Report 5. Attorney's Report 6, Supervisor's Requests 7. Audience Comments 8. Adjournment Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 052512 59312835 NOTICE OF REGULAR ME State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier Countv, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 11/06 11/06 AD SPACE: 94.000 INCH FILED ON: 11/06/06 -------------------------------------------- ------------------------------ Signature of Affiant /Z , Sworn to and Subscribed before me this kO�1 day of (—O'sy) 20(� Personally known by me w C),—A-)(l -� of -k-el Chanel A McDonald MYCOh1MISSION # DD210203 EXPIRES June 29, 2007 BONDED THRU TROY FAIN INSURANCE INC ,' i Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News --------------------------------------------------+--------- --------------- NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 052512 59305856 NOTICE OF MEETINGNAP State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier Count, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 11/06 11/06 AD SPACE: 71.000 INCH FILED ON: 11/06/06 ---------------------------------------------------+------------- Signature of Affiant 12, 1 Sworn to and Subscribed before me this ►V�-n day of �—flt)y 20UQ Personally known by me (2AJ ,&fll� -�lf�� r °r. Chanel A McDonald MYCOMMISSION# DD210203 EXPIRES June 29, 2007 BONDED THRU TROYFAIN INSURANCE, INC ' NTEATGE W UNJV aEV 4d N7 DISTRIG�T. -k .. _ W he o the con. "nerg ,may pe' occa- sigpptl . kkhenl one or more Spate 6� del one. t the e locati 'there ' 111 be ppreselTt,1speak- er telephon W1 arty iq t� tkd ersbn can t{Ie meeting at I `t ti+t o atiort and be f 1 1 fArr[ ed ,qf the disr� s i ns_tpking i to person or �� lephone cbmmunl =. � �ni�Pei on re Or- I Ing sp ciai 11-cco ti 's It ti�Is meeting because, of a disability or p �ica1 :1 - rmenf I should contact the bls- I trio Office at (954) 753• 5841 aG I as tree M. dec es V"', dppeal- py action takers at- t meetings'. s dvise Wit` L" •6�? y' Naples Daily News 1 6 Naples, FL 34102 1 Affidavit of Publication Naples Daily News -------------------------------- ----------- NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR 4702 CORAL SPRINGS FL 33071 REFERENCE: 052512 59312842 REQUEST FOR PROPOSAL State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, a.:,.--' that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 10/31 10/31 Request'" Proposals for Annual Audlt Services for Naples Heritage Community Development District Severn Trent Management Services on behalf of the Naples Heritage Community Devefo ment District, Is r 99 i tin g, ppropposals from quzjifi lndepepdent Ce tie. ,Public Accouq o 'flrrhs f pdeht dits of the Dialis ever, tit en- `dit�re e asubject to oan ann aI FAehY ,i W te$P gageme.nt. A community deveiptHUent Qis6 6l Is' special pur- pose local governor t est bI hed finder Chapter 100, Florida Statutes. The oeitI ed publid accQQunt- ing :firm licensed 'under chapter 473, Flor)da' Stat- utes, respon Is' p- shdlI_ quafiffed to audit according o government audltfng, stah - dards.under the Florida Board of.gclountancy,;AIC- PA, the General Ai t ounttng Office, and rules bf the , Auditor'General of the State of plorlda Proposals packsgges, ,whlcp Include evaluation crlte- rla and Instructions o pkppd- dn; avallable froth the District's Manet e tent AdJ y Company 'at the address and telepTlone�wlnber' fisted below: E1415t.,(41) copies of ptopgsa _ hall be sent to the address -below by 11iri0,tm bra �iVednesday, N�vem bet g, 2006. The envelope n1pst be marked Aud -' Itifig Services ". Severn Trent Management Services Attn: Auditing Services 210 North University Drive, Suite 702 coral �prings, flgrida 33071 Telephone ( %4) 753 SH41 . October 31 No 14654» '. AD SPACE: 92.000 INCH FILED ON: 10/31/06 ---------------------------------/ -----------+------------------------ Signature of Affiant /J• J Sworn to and Subscribed before me this gj)J day of 20�s Personally known by me :o"rr' Chanel A McDonald = MYCOMMISSION # DD210203 EXPIRES June 29, 2001 BONDFO THPU TROY FAIN INSURANCE INC fo 0 0 N O N CD a O Q O Z 0 i C 11 L U v CL o. Q m u C.) LL w � J O C Q f f � u E v o m m m C � W � CL O f Q Q � < O O LL N ON } 1- LL LL L � D C _ � L Q (� CD O O N tL U N 01 c � c Q 19 m u O 0 U C a aY o W U [L N v U) LA Y Z c Z c u O Q c C 16 0 y c C fu o o c a a m 0 ci E Z E LL s I i I f I � Y 00 O Lo O o O o o 00 N U m o I v 69 v H9 to o) vi FA ( to = o N o a o C U m a7 v v rn `o_ E o a F- a E > N a C � C C a a, C O U Q N Oo p Oa U O O U m N N U C N M a C m o a m o In a Q m v o E m o N -E m N H m c o is E a o m E m m Tac E° o a v o Q F- (h U a Q F- a Q N Q d Q L m m U m L o C = ar E m y a u U a o m a s m aci a n mc a o m N z S a O °> N O O O c n a = a LU S � v > d J U N a O> a m o a N cai C E O o y ° r n U a m E c a v m a (mj C s J a CL t0 � U u U N a o CL E E o a CO m > LL. p O i0 L ` tT C o E a VI d a a m ° x W d W W (n W N m J W J (n N U O v U N 11J L O N m a7 N a � m tT U C 2 a o E L o O co N O E a1 co Q V U O w m C o � m c cn f0 (� l4 m Y C7 m Y O Y Lo 0 0 N O N m 0 V v v a E O m L v T C a U T O U N oo a � O a co E o n m O L v 3 ID N m � N N `o U In o a a U � N a N � N F- O it c U E O a � U a L m a�i � T E � N w U � N o a o p N o o m O N N O O Q - — � m m c o a O E a ° o a v E v N - O O a m j U O E o o V to o v oo o L N O N O U U � Q C m � � O O � a a V O U C U E o o a o c a 0 L O C (T1 E a U co Y O Y PROPOSAL TO PROVIDE AUDIT SERVICES FOR THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006, and thereafter subject to an annual renewal of the engagement. PROPOSAL DUE: November 8, 2006, by 11:00 a.m. I �'" Grau & Associates f c•erlifieci pitwic uccourntants 2700 North Military Trail, Suite 350, Boca Raton, Fl- 33431 Telephone: (561) 994.9299, Fax: (561) 994 -5823, Watts: (800) 299 -4728 Contact Person: Antonio J. Grau, CPA tonvPgraucaa.com NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT TABLE OF CONTENTS EXECUTIVE SUMMARY ! TRANSMITTAL LETTER ...................... STAFF QUALIFICATIONS AND EXPERIENCE ............................. REFERENCES................................................ ............................... COST................................................................ ............................... TECHNICAL PROPOSAL 'J, n PAGE ... 1 -3 ........................... 4 -18 .. .............................19 ............................... 20 1) INDEPENDENCE .................................................................................. .............................21 2) LICENSE TO PRACTICE IN FLORIDA ................................................ .............................21 3) FIRM QUALIFICATIONS AND EXPERIENCE ............................. ............................... 21 -27 4) SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENT ENTITIES ...................... 28 -36 5) SPECIFIC AUDIT APPROACH .................................................... ............................... 37 -41 SUPPLEMENTAL INFORMATION ............................................................... .............................42 CONCLUSION......................................................................................... ..........................43 -44 Grau & Associates Grau & Associates "s., "I certified Public accountants November 6, 2006 Naples Heritage Community Development District c/o Severn Trent Management Services 210 N. University Drive, Suite 702 Coral Springs, Florida 33071 2700 North Military Trail, Suite 350 Boca Raton, Florida 33431 (561) 994 -9299 • (800) 299 -4728 Fax (561) 994 -5823 www.graucpa.com Re: Request for Proposal for Professional Auditing Services for the fiscal year ending September 30, 2006, and thereafter subject to an annual renewal of the engagement. Grau & Associates (Grau) appreciates the opportunity to respond to your Request for Proposal for the Naples Heritage Community Development District (District). Grau & Associates fully understands the scope of professional services and work products requested in this RFP. Our audit will follow the Auditing Standards of the AICPA, Generally Accepted Government Auditing Standards, issued by the Comptroller General of the United States, and the Rules of the Auditor General of the State of Florida. We will deliver our reports in accordance with your requirements. Grau is the successor firm to the Grau & Company audit and attestation services practice for the Boca Raton office. We are a South Florida professional association / licensed Certified Public Accounting firm based out of Boca Raton. We have provided governmental auditing services in Florida for the past 28 years. Grau is a member of the American Institute of Certified Public Accountants and Florida Institute of Certified Public Accountants. Grau commits to perform the audit within your specified time period; in addition, we will hold progress meetings with the District Manager and keep them appraised of any findings throughout the entire audit process. o Grau's Special District Experience: + We currently audit 157 Special Districts. WHY IS GRAU & ASSOCIATES BEING AWARDED SUCH SPECIAL DISTRICT AUDIT WORK? o Grau & Associates has an IMPECCABLE REPUTATION: Grau has never been involved in any litigation, proceeding or disciplinary action Grau has never been charged with or convicted of a public entity crime Grau will communicate all reportable and nonreportable conditions and will make an immediate written report of all irregularities, illegal acts or indications of illegal actions to the appropriate District Manager. 2, Naples Heritage Community Development District November 6, 2006 Page 2 0 Graze's Focus on Governmental Audits /Established Presence: • We are a Boca Raton -based licensed Certified Public Accounting firm. Grau has provided governmental auditing services in Florida for the ap st 28 years. • Last year, Grau performed: ■ 173 audits under Governmental Auditing Standards, and ■ performed in excess of 19,000 hours of services for our Public Sector Clients a Grau provides Personalized Services /immediate Responsiveness/ Smooth Transition: Offers a "Client - Friendly Approach:" We will work with the District to resolve any issues and open the lines of communication, so there will be no surprises! Along these lines, our Engagement Partner will report on a regular basis of any potential audit adjustments, to allow the District appropriate time to respond and research. Always Only a "Phone Call Away': We are accessible to Clients 24 hours / _7 days a week regarding any comments / questions / concerns (we will provide KEY team members' cell phone numbers to the District). Stays Involved the Entire Year - We will make suggestions to improve the District's Performance / Procedures / Controls: Because our team does not fall into the accepted "ticking and tying" mentality, we understand the "big picture" and think beyond the traditional auditor's perspective. Throughout the entire year, we will update, advise and educate the District as to all new and /or revised reporting requirements, to assure the District's compliance with same. 0 _Experienced Personnel On- the -Job - Our Management Team: has 67 total years, almost SEVEN DECADES, of governmental experience { averages over 16 years of professional practice in the governmental audit field has a very low staff turnover (Unlike auditors from most firms, our professionals focus the majority of their time working exclusively with governmental entities) is comprised of experienced Firm Management (Partner, Consultant, Manager, Senior) whom will constitute 100 percent of total engagement resources. NET RESULT: our Management Team averages over 12 years working together as a TEAM We humbly ask you to compare our Engagement Team to our peer competitors' assigned teams. We are confident you will not see another firm assigning as experienced a team to your engagement. Grau & Associates J' MGf .—h-, puhh' nru,rr ib O° I A Naples Heritage Community Development District November 6, 2006 Page 3 ® Ability to Furnish the Required Services: Grau & Associates affirms that it has the professional staff available to perform the engagement and that all of its resources will be available to complete the work. Grau has been in business for 28 years, is financially stable, and has never been involved in any bankruptcy proceedings. Grau has a disaster recovery plan which includes backing up all data on a daily basis and offsite storage. Grau also has a line of credit which provides for the ability to borrow up to $416,000 for cash flow needs. This proposal is a firm and irrevocable offer for ninety (90) days. We certify this proposal is made without previous understanding, agreement or connection either with any previous firms or corporations offering a Proposal for the same items or with the District. We also certify our proposal is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action, and were prepared in good faith. Only the person(s), company or parties interested in the project as principals are named in the proposal. Grau has no existing or potential conflicts, and anticipates no conflicts during the engagement. Antonio J. Grau, CPA, Partner, is authorized to make representations for and to bind the firm. He can be reached at (561) 994 -9299. His e -mail address is tony @graucpa.com. Grau's Federal I.D. Number is 20- 2067322. Please do not hesitate to call if you have any questions about the information provided in this proposal. We thank you for considering our firm's qualifications and experience and look forward to serving you. Very truly yours, Grau & Associates Antonio J. Grau Grau & Associates STAFF QUALIFICATIONS AND EXPERIENCE Grau would assign the following firm Engagement Team Members to your District's Engagement: 1 Partner 1 Consultant 1 Audit Manager 1 Audit Senior 4 TOTAL TEAM MEMBERS o All of these 4 firm team members are Management -level with: 67 ears of total governmental auditing experience have worked together for Jr % of these years! Thus, Grau & Associates brings the District: SIX DECADES of Experience 0 true Engagement Team depth -,Tj'rGrau & Associates :. . —.0"I pwbtl' 4 STAFF QUALIFICATIONS AND EXPERIENCE (Continued) QUALITY AND EXPERIENCE OF FIRM'S ASSIGNED AUDITING PERSONNEL Engagement Partner The engagement will be performed under the direct supervision of an Engagement Partner. The Engagement Partner has direct responsibility for engagement policy, direction, supervision, quality control, security and communication with District personnel. The Engagement Partner will be responsible for the quality control, supervision and confidentiality of information of the engagement and will participate extensively during the various stages of the engagement. He will attend meetings, respond to telephone calls and respond to specific inquiries on a day -to -day basis as primary point of contact. He will also be involved in: • coordinating all services to the District; • directing the development of the overall audit approach and plan; • performing an overriding review of work papers; * resolving technical accounting and reporting issues; © reviewing, approving and signing reports, management letters, and other audit engagement products; • supervising subordinate staff; • ascertaining the District is pleased with all aspects of our engagement, such as services and the personnel assigned; • leading meetings and discussions with key management personnel; and 0 meeting with governing board to present audit reports. Antonio J. Grau, CPA will be the Engagement Partner. Mr. Grau has extensive experience in governmental audits, and has performed governmental audits for the last 22 years. He will devote a substantial part of his time to the completion of the work. `Ty Grau & Associates rr ,,,,.,,"d,,,,,". 5 , r: p C STAFF QUALIFICATIONS AND EXPERIENCE (Continued) QUALITY AND EXPERIENCE OF FIRM'S ASSIGNED AUDITING PERSONNEL (continued) Audit Manager The Audit Manager will be assigned full time and will work closely with the partners. She will be responsible for the overall review of the work and compliance with the firm's and regulatory compliance requirements. She will ensure that the financial statements, and all other reports are prepared in accordance with professional standards and firm policy. She will be responsible for all phases of the fieldwork and she will be: o supervising subordinate staff; 0 planning the audit; E preparing or modifying audit programs, as needed; 0 evaluating the internal control of the computer department; 0 evaluating internal control and assessing risk; 0 reviewing work papers for compliance with audit requirements and completeness; 0 communicating with the District and the partners the progress of the audit; and 0 reviewing financial statements and all reports issued by the firm for accuracy, completeness and that they are prepared in accordance with professional standards and firm policy. Sendie Rymer, CPA will be the Audit Manager and a designated "KEY" MEMBER. Ms. Rymer was selected for her managerial, supervising and technical capabilities. She has been performing governmental audits since 1992. She will devote 100% of her time to the completion of the work. Audit Senior The Senior assigned full -time to the engagement will have the responsibility for executing the day -to -day work and will perform more complex audit procedures. The Senior will also be responsible for directing staff on the engagement. Tatiana Mora will be the Senior. Ms. Mora has been performing governmental audits for 6 years. She will devote 100% of her time to the completion of the work. -,TGrau & Associates STAFF QUALIFICATIONS AND EXPERIENCE (Continued) QUALITY AND EXPERIENCE OF FIRM'S ASSIGNED AUDITING PERSONNEL (Continueo) Concurring Review and Advisory Consultant A Concurring Review Consultant will be available as a sounding board to advise in those areas where problems are encountered. He will also perform a second review of all reports to be issued by Grau & Associates. Antonio S. Grau, CPA will be the Concurring Review Consultant. Mr. Grau has been involved in performing governmental audits for 26 years. Mr. Grau is the Concurring Review Consultant on all the governmental audits of the firm. He has obtained the Certificate of Educational Achievement in Governmental and Not - For - Profit Accounting and Auditing from the American Institute of Certified Public Accountants. -,T�Grau & Associates STAFF QUALIFICATIONS AND EXPERIENCE (Continued) GRAU's AUDIT MANAGEMENT TEAM CPAs' YEARs of GOVERNMENTAL AUDITING EXPERIENCE and YEARS WORKING TOGETHER as a TEAM ANTONIO J. GRAU, CPA (Engagement Partner): 0 22 YEARS of TOTAL GOVERNMENTAL AUDITING EXPERIENCE Q 22 YEARS WORKING as a TEAM on GOVERNMENTAL AUDITS ANTONIO S. GRAU, CPA (Concurring Review Consultant): 0 26 YEARS of TOTAL GOVERNMENTAL AUDITING EXPERIENCE 0 21 YEARS WORKING as a TEAM on GOVERNMENTAL AUDITS SENDIE RYMER, CPA (Manager): 0 13 YEARS of TOTAL GOVERNMENTAL AUDITING EXPERIENCE 0 3 YEARS WORKING as a TEAM on GOVERNMENTAL AUDITS TATIANA MORA (Senior): Q 6 YEARS of TOTAL GOVERNMENTAL AUDITING EXPERIENCE 0 5 YEARS WORKING as a TEAM on GOVERNMENTAL AUDITS 67 TOTAL YEARS, GOVT. AUDITING EXPERIENCE 51 TOTAL YEARS WORKING TOGETER as a TEAM 19V Grau & Associates STAFF QUALIFICATIONS AND EXPERIENCE (Continued) Grau's audit team whom will serve the District is composed of individuals who understand government entities and possess the technical skills and experience necessary to deliver quality audit services. Our audit team will include (1) one Partner and Consultant, who have been involved TOGETHER in the audits of government entities for 22 years (2) one Manager who has 13 years experience in governmental audits and (3) one Senior with extensive experience in governmental audits. Your entire Engagement Team (including staff) has: SIX DECADES of Governmental Auditing Experience and has WORKED TOGETHER this entire period Estimated Percent of Total Hours L r ANTONIO J. GRAU 22 YEARS OF TOTAL GOVERNMENTAL AUDITING EXPERIENCE ENGAGEMENT PARTNER 22 YEARS WORKING WITH OUR GOVERNMENTAL AUDIT TEAM 20% W ANTONIO S. GRAU 26 YEARS OF TOTAL GOVERNMENTAL AUDITING EXPERIENCE CONCURRING REVIEW AND 21 YEARS WORKING WITH OUR GOVERNMENTAL AUDIT TEAM ADVISORY CONSULTANT rW V SENDIE RYMER 13 YEARS OF TOTAL GOVERNMENTAL AUDITING EXPERIENCE 30% Q MANAGER 3 YEARS WORKING WITH OUR GOVERNMENTAL AUDIT TEAM TATIANA MORA 6 YEARS OF TOTAL GOVERNMENTAL AUDITING EXPERIENCE 30% Q SENIOR 5 YEARS WORKING WITH OUR GOVERNMENTAL AUDIT TEAM STAFF AUD1TOi2S -3 YEARS OF TOTAL GOVERNMENTAL AUDITING EXPERIENCE j__.20a�c 1 -2 YEARS WORKING WITH OUR GOVERNMENTAL AUDIT TEAM J TOTAL 100% 80 PERCENT OF THE ENGAGEMENT WILL BE PERFORMED BY "MANAGEMENT" . Grau & Associates 80% Grau's engagement team's workload is organized in such a way that additional activities brought about by this engagement will not impact our current commitments to our clients. We have sufficient staff capacity to integrate these professional services for the District into our present operations, while continuing to maintain the highest standards of quality and time lines for our clients. The Manager and Senior will devote all of their time to performing the District's audit engagement. 1 16i STAFF QUALIFICATIONS AND EXPERIENCE (Continued) Quality of the Staff Over the Term of the Engaqement Despite the current market, Grau & Associates has a very low turnover of employees. The Engagement Partner and Audit Manager will be designated "KEY" MEMBERS. We pledge to the District they will be returned to the audit each year of the engagement. In the unlikely event that it does become necessary to replace any of the engagement team members, we will notify the District. We understand the District's right to accept or reject replacements. In addition to the engagement team members proposed herein, we also have other, well - qualified professionals who stand ready to serve the District's needs, if required. Grau can assure the highest professional qualifications of the staff we will utilize for the District's engagement. In addition to our governmental focus, it is Grau's policy that all professional employees earn more than the minimum CPE credits required for governmental audits. Further, because we are a growing firm, we have an ongoing recruitment program that seeks only those accountants with a proven record of academic success. When we recruit at the senior and manager level, we select CPA's with proven governmental accounting and auditing experience. Composition of Engaqement Team In contrast to the majority of both national and local firms, Grau's proposed engagement team is comprised of an exceptionally large percentage of high -level audit professionals. This gives us the ability to quickly recognize problems and be more efficient as a result of our Team's SIX DECADES of governmental auditing experience. JOY. Estimated Percent of Total Hours 20% f Partner 80% ` Consultant MANAGEMENT 30 Manager 30 Senior 20 Staff 100% Total 30% RMFq/ SMTAN RS 2014 80 percent of engagement is performed by "MANAGEMENT" 50 percent of engagement is performed by "SENIOR MANAGEMENT" "Grau & Associates %% IW,- , ,� Jahn, 10 1 A STAFF QUALIFICATIONS AND EXPERIENCE (Continued) Composition of Grau's Engagement Team In contrast to the majority of both national and other local firms, Grau's proposed engagement team is comprised of an exceptionallV large percentage of High -Level Audit Professionals. Grau & Associates 30% 30% - PARTNERICON SULTAN is 20% 80 percent of engagement is performed by "Management" VS. Typical Local CPA Firm: 15% - PARTNERS MANAGERS r SENOR n'^PR STAFF 20% 20% Fifty -five percent of engagement is performed by "Management" ,Y Grau & Associates Typical National CPA Firm PAR TR ERE 10% MANAGERS SEN10R STAFF 15% 55 20% Forty -five percent of engagement is performed by "Management" 11 161 1 STAFF����������4r�NM��N ���N������U���U�� J��A�� ����������U���U���� ," " QUALIFICATIONS p"�wv�w�� ��UnN�* �����—�~�m���N"�n~��~ Antonio J. Grau, CPA e-mail: Position ENGAGEMENT PARTNER Education Bachelor o/ Arts, Business AUnninistrodon.1S83 University of South Aur*di!odin8uoinasn Va|uahonby�eA|CP8.1SS8; Personal Finanda|8pecia|i�.1e8r Florida,, ~ Professional * CPA, in Florida since February 28. 1S05. Certificate No. 15380 History ° Partner ufGrau& Associates since 2000 ° Partner o/Gmu& Company 1S85-2OO5 ° Audit manager and staff accountant ofGrau& Company 188rtp1985 ° Auditor with an international accounting firm, 1985 to 1986 ° Staff accountant o(Gmu&Company, 1983to1384 Clients M,. G,au is the engagement partner on all governmental audits. A partial list ovclients served during uoned the last three years asa partner follows: ° (1O2) Special Taxing Districts (up to1nyears) ° Atlanta Housing Authority (2years) ° City o/ Dania Beach (1 year) (Financial / Utility Audit) ° City of Lauderdale Lakes (2 years) (Financial / Utility Audit) ° City of Lauderhill (2 years) (Financial / Utility Audit) ° City of Lauderhill General Pension (2 years) ° City o, Miami Springs (1 year) (Financial /Utility Audit) ° City n/ North Lauderdale (oyears) ° City vf Oakland Park (1 year) (Financial /Utility Audit) ° Delray Beach Housing ° East Central Regional Wastewater Treatment Facility (5years) • Florida Community College ot Jacksonville (2years) • Florida Department nf Management Services (2 years) ° Greater Boca Raton Park & Beach District (4years) ° Orlando Housing Authority (2years) ° Palm Beach County School District (3years) ° Palm Beach County Workforce Development Board (3years) ° Peninsula Housing Programs (7 years) • South Florida Water Management District (3 years) • Southwest Florida Workforce Development Board (5years) • Town of Davie (2years) • Town orHvpo|uxo(S years) (Financial /Utility Audit) • West Palm Beach Housing Authority (z years) Professional Educational courses taken during the last three years. Education Course Hoursi Government Accounting and Auditing 48 Accounting, auditing . �94 Total Hours 152 Other As a member o/the Government Finance Officers Association Special Review Committee, k�, G,ou Qualifications has participated in the oaviuwp,ocexoh,,awandingtheGFOACe�ihcaxsofAchievemanti Financial Repo�ing.and has evienedover 4O,opo�s during the past �veyeam. '' ' M,. G,au was a team member for the Quality Review of the 0ffica of Management Audits of Miami Dade County School Board. u1,. G'au has participated in the managen^en, review of the capital outlay program for the Miami-Dade County School Board and Browa,u County School Board. Kx, G,au has also audited construction management contracts entered into by the xxiami'DadeC.untv School Board. " Professional ° Member. American Institute of Certified Public Accountants Associations ° Mennbo,. Florida Institute of Certified Public Accountants ° Member, Florida Government Finance Officers Association ° Member, Government Finance Officers Association ° Member, Florida Institute of Certified Public Accountants Non-Profit Conference Committee Associates 12 STAFF QUALIFICATIONS AND EXPERIENCE (Continued) Antonio S. Grau, CPA e -mail: asgrauRgraucpaxom Position Concurring Review Consultant Education Bachelor Degree, Business Administration, 1966, University of Miami, Certificate of Educational Achievement from the AICPA in Governmental and Not - For - Profit Accounting and Auditing, 1994 and 1995. Professional • CPA, in Florida since April 29, 1970, Certificate No. 2623 History • Partner of Grau & Company, 1977 -2004 • Financial officer of a public company, 1972 to 1976 • Auditor with an international accounting firm, 1966 to 1972 Clients Mr. Grau was the head of the governmental audit department of Grau & Company, and Served performs the concurring review and advises on all the governmental audits of the firm. A partial list of audit clients served: • Atlanta Housing Authority (2 years) • Broward County Housing Authority (3 years) • City of Dania Beach (1 year) (Financial / Utility Audit) • City of Lauderdale Lakes (2 years) (Financial / Utility Audit) • City of Lauderhill (2 years) (Financial / Utility Audit) • City of Lauderhill General Employees Pension (2 years) • City of Miami Springs (1 year) (Financial I Utility Audit) • City of Oakland Park (1 year) (Financial / Utility Audit) • City of Sweetwater Pension (10 years) (Financial / Utility Audit) • Downtown Development Authority of the City of Miami / Community Development Block Grants (10 years) • Florida Community College at Jacksonville (3 years) • Miami Beach Housing Authority (2 years) • Palm Beach County Workforce Development District (3 years) • South Florida Water Management District (3 years) • Town of Hypoluxo (24 years) (Financial / Utility Audit) • Town of Miami Lakes (1 year) • Town of Southwest Ranches (1 year) • Village of Biscayne Park (2 years) • West Palm Beach Housing Authority (2 years) Professional Educational courses taken during the last three years. Education Course Hours Government Accounting and Auditing 87 Accounting, auditing and other 46 Total Hours 13a Other Mr. Grau was the review team leader for the Quality Review of the Office of Management Qualifications Audits of Miami -Dade County School Board. Professional • Member, American Institute of Certified Public Accountants Associations • Member, Florida Institute of Certified Public Accountants • Past member, State and Local Government Committee, Florida • Institute of Certified Public Accountants (1996 -1997) • Past member, Quality Review Acceptance Committee, Florida • Institute of Certified Public Accountants (1991 - 1993) • Member of BKR International Committee on Government and Non - Profit Accounting and Auditing .T Grau & Associates : 13 STAFF QUALIFICATIONS AND EXPERIENCE (Continued) Sendie Rymer, CPA e -mail: srymerC@graucpa.com Position Audit Manager — "KEY" Member Education Bachelor of Science, Business Administration, University of Texas Professional • Grau & Associates since 2006 History • Grau & Company 2003 to 2005 • McGladrey & Pullen, LLP — 1999 to 2003 • Other Public Experience — 1993 — 1999 Clients Sendie Rymer will be the Audit Manager and a designated "KEY' Member of the team. Ms. Served Rymer was selected because of her extensive experience in municipal audit engagements. A list of public sector audit clients served (with Grau and previous firms): • Various Community Development Districts within Florida (3 years — Manager) • Delray Beach Housing Authority (1 year — Manager) • Greater Boca Raton Park & Beach District (3 years — Manager) • West Palm Beach Housing Authority (1 year — Manager) • City of Cooper City, Florida (2 years — Manager /Supervisor) • City of North Lauderdale, Florida (3 years — Manager /Supervisor) • North Lauderdale Academy High School (4 years — Manager /Supervisor) • Ryder Elementary Charter School (3 years — Manager /Supervisor) • Seminole Tribe of Florida (4 years — Manager /Supervisor) • Boca Raton Airport Authority (6 years — Manager /Supervisor /Staff) • City of Oakland Park, Florida (1 year — Senior) • Florida Philharmonic Orchestra (1 year — Senior) • Florida State Council of Senior Citizens (1 year — Senior) • Town of Pembroke Park, Florida (1 year - Senior) • City of El Lago, Texas (1 year — Staff) • City of Katy Volunteer Fire Department (1 year — Staff) • City of Katy, Texas (1 year— Staff) • City of Pearland, Texas (1 year — Staff) • City of Rosenburg, Texas (1 year — Staff) • City of San Jacinto, Texas (1 year — Staff) • City of Wallis, Texas (1 year — Staff) • Texas Society to Prevent Blindness (1 year — Staff) Professional Educational courses taken during the last three years. Education Course Hours Government Accounting and Auditing 86 Accounting, auditing and other 43 Total Hours 129 Professional • Member, American Institute of Certified Public Accountants Associations • Member, Florida Institute of Certified Public Accountants • Member, Texas Society of Certified Public Accountants • Member, Florida Government Finance Officers Association r Grau & Associates 14 STAFF QUALIFICATIONS AND EXPERIENCE (Continued) Tatiana Mora e -mail: tmora(@ciraucpa.com Position Audit Senior Education Bachelor of Arts — Major: Accounting, Queens College of the University of New York, January 1998 Professional • Grau & Associates since 2006 History • Senior Accountant at Grau & Company, 2004 - 2005 • Staff accountant of Grau & Company, 2001 - 2003 • Staff of local CPA firms 1999 Clients Tatiana Mora will be the Supervisor and a designated "KEY" Member of the team. Served A partial list of clients served follows: • Various Community Development Districts (4 years — Senior) • Delray Beach Housing Authority (1 year— Senior) • West Palm Beach Housing Authority (1 year — Senior) • Greater Boca Raton Park & Beach District (3 year) • Florida Advocacy Immigrant Center (2 years) • South Indian River Water Control District (2 years) • Town of Hypoluxo (2 years) • City of Pompano Beach (Joint Venture) (2 years) • South Florida Water Management District (Joint Venture) (1 year) • SW Florida Workforce Development Board (1 year) • Florida Community College at Jacksonville — Internal Audit (2 years) Professional Educational courses taken during the last year. Education Course Hours Government Accounting and Auditing 80 Accounting, auditing and other 9 Total Hours 89 Professional • Member, Florida Institute of Certified Public Accountants Associations • Member, Florida Government Finance Officers Association �j Grau & Associates ,r<,,,, b!" „ .,, 1, 15 0 f STAFF QUALIFICATIONS AND EXPERIENCE (Continued) CPE HOURS EXCEEDING PARTNER, CONSULTANT, ENGAGEMENT MANAGER AND SENIOR AVERAGE OVER 75 HOURS OF GOVERNMENTAL CPE COURSES OVER 3 YEARS Total Governmental Total Accounting and Educational Auditing Hours Antonio J. Grau 48 152 ENGAGEMENT PARTNER Antonio S. Grau CONCURRING REVIEW 87 133 CONSULTANT Sendie Rymer MANAGER 86 129 Tatiana Mora SENIOR 80 89 TotalQ1 GRAU Average 75.25 925.75 VS. Minimum Required 36 120 Note: All CPA's assigned to the audit have properly maintained CPE in governmental accounting and auditing as required by the State Board of Accountancy. -1�' Grau & Associates 09 STAFF QUALIFICATIONS AND EXPERIENCE (Continued) TRAINING COURSES / MEMBERSHIPS Compliance with Government Education Requirements In order to maintain our high level of technical competence, we provide continuing professional education programs for all partners and professional staff members, which exceed national and state standards. All of the audit professionals of Grau & Associates exceed the education requirements as set forth in Government Auditing Standards, published by the Comptroller General of the United States, and our continuing professional education programs ensure that all audit professionals meet the requirements to participate in audits of government agencies. Professional Staff Training Partners - All of our Partners are CPA's and have in excess of 21 years of diversified public accounting experience. They are responsible for overall engagement performance, policy, direction and quality control. They have far exceeded minimum CPE requirements. Managers - All of our Audit Managers are CPA's who have a minimum of 8 years of diversified public accounting experience. They have demonstrated ability to plan audit engagements, supervise personnel and maintain frequent contact with clients. They continually upgrade their skills through the firm's continuing education programs and courses sponsored by the AICPA, FICPA and GFOA. They have far exceeded minimum CPE requirements. Seniors - All of our Seniors have a minimum of 3 years of diversified public accounting experience. They perform audits, evaluate staff, review findings and prepare audit reports. They posses the potential for upward mobility. They have far exceeded minimum CPE requirements. Memberships All of the firm's CPA's are properly licensed as CPA's and members in good standing of both the American Institute of Certified Public Accountants and the Florida Institute of Certified Public Accountants. In addition, certain firm professionals are members or have been members of the following professional groups: • FICPA Committee on State and Local Government • Florida Government Finance Officers Association • Technical Resource Committee of the Government Finance Officers Association • Special Review Committee of the Government Finance Officers Association • Florida Institute of CPA Non - Profit Conference Committee IA Grau & Associates STAFF QUALIFICATIONS AND EXPERIENCE (Continued) CPE SEMINARS OFFERED TO CLIENTS Grau & Associates offers in -house continuing professional education seminars on a regular basis, and would invite District personnel to attend anylall in -house seminars. We have noted experts throughout the state and country come to our offices and conduct these seminars, with just some examples noted as follows: a We had a two -day in -house seminar entailing current issues affecting Governments. The seminar was conducted by noted national expert Paul Koehler, CPA, a national recognized governmental accounting and auditing expert. a In June of 2005 AuditWatch conducted a one -day audit productivity improvement program and a two -day re- engineering session covering enhanced audit quality and efficient and effective audit procedures and practices. Members of the firm conduct in -house seminars. Grau & Associates 18 f REFERENCES SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENT ENTITIES We have included three references of government engagements that require compliance with laws and regulations, follow fund accounting, and have financing requirements, which we believe are similar to the District. STERLING HILL COMMUNITY DEVELOPMENT DISTRICT Scope: Audit Office: Boca Raton Partner: i Antonio J. Grau Date: Annually since 2004 Client Contact: William Rizzetta, President Telephone: (813) 933 -5571 BEELINE COMMUNITY DEVELOPMENT DISTRICT Scope: Audit Office: Boca Raton Partner: Antonio J. Grau Date: Annually since 2003 Client Contact: Robert D. Norris, Executive Vice President Telephone: (561) 630 -4922 WEST LAKE COMMUNITY DEVELOPMENT DISTRICT Scope: Audit Office: Boca Raton Partner: Antonio J. Grau Date: Annually since 1997 Client Contact: Janice Larned, Director of Finance Telephone: (954) 753 -5841 .j�Grau & Associates r" W" 19 ,v COST Our proposed fee is $4,000 for the 2006 financial audit. 14 Grau & Associates Nil TECHNICAL PROPOSAL 1. INDEPENDENCE Grau & Associates affirms we meet the independence requirements of the Standards for Audit of Governmental Organizations Programs, Activities and Functions published by the U.S. General Accounting Office, Governmental Auditing Standards (GAS) issued by the Comptroller General of the United States and the Laws and Rules of Florida Board of Accounting or any subsequent amendments or superseding revisions. As defined by auditing standards generally accepted in the United States of America and the U.S. General Accounting office's Government Auditing Standards, we are independent of the District. Grau & Associates, their partners and employees are independent of the District. Grau has no conflict of interest as it regards the District. 2. LICENSE TO PRACTICE IN FLORIDA Grau & Associates is a properly registered /licensed State of Florida professional corporation. All assigned supervisory professional staff are properly registered /licensed to practice in the State of Florida. 3. FIRM QUALIFICATIONS AND EXPERIENCE GRAU & ASSOCIATES: GOVERNMENT INDUSTRY FOCUS Grau & Associates is a medium -sized accounting firm (South Florida professional corporation), located in Boca Raton. Grau provides comprehensive financial and compliance auditing, attestation and accounting, and other management consulting services. By focusing our expertise on governmental entities, we provide the highest level of financial and compliance auditing and consulting services to our Public Sector Clients. o Last year, Grau performed: • in excess of 19,000 hours of services to our Public Sector Clients 173 Audits under Government Auditing Standards (GAS) 157 Audits of Special Districts Grau & Associates . 21 n z ,y TECHNICAL PROPOSAL (Continued) 3. FIRM QUALIFICATIONS AND EXPERIENCE (Continued) Grau & Associates' address is 2700 North Military Trail, Suite 350, Boca Raton, Florida 33431; Telephone: (561) 994 -9299; Fax: (561) 994 -5823; Watts: (800) 299- 4728. STAFF Grau & Associates has a total of 16 employees, 14 professional staff, 920/ including 1 Partner and 13 professionals who specialize in providing accounting, consulting, monitoring and auditing services to the Public Sector. The number of professional staff by employee classification is as follows: Partner Managers Advisory Consultant Supervisor/ Seniors Staff accountants Total TOTAL PROFESSIONAL STAFF TOTAL CPA'S PUBLIC SECTOR' STAFF 1 1 1 4 4 4 1 1 1 3 - - - - - -- - -- 1 -- 3 5 1 -- 4 14 8 14 ALL FULL TIME EMPLOYEES IVERNMENTAL AUDITS HER AUDITS B% The Partner, Consultant and Managers of Grau are members of the American Institute of Certified Public Accountants and the Florida Institute of Certified Public Accountants. The Partner and Managers are members of the Florida Government Finance Officers Association. Grau & Associates 22 TECHNICAL PROPOSAL (Continued) 3. FIRM QUALIFICATIONS AND EXPERIENCE (Continued) Grau's IMPECCABLE REPUTATION ESTABLISHED OVER 28 YEARS o Grau & Associates, the Partner and its employees have never been involved in any litigation, proceeding or disciplinary action in any manner related to our professional activities. o Grau & Associates, the Partner and its employees have never been charged with or convicted of a public entity crime. v Grau & Associates is not aware of any complaints being filed with the Florida Department of Business and Professional Regulations regarding our firm, the Partner and its' Employees. ,XGrau & Associates j << ".bl,. 23 TECHNICAL PROPOSAL (Continued) 3. FIRM QUALIFICATIONS AND EXPERIENCE (Continued) Quality Control and Confidentiality Grau participates in an external quality review program requiring an on -site independent examination of our accounting and auditing practice. Grau & Company has consistently received an unqualified opinion on the quality of our audit practice. During our firm's last external quality control review, seven audits were reviewed, including six government audits. A copy of the report on the firm's most recent quality review (and related correspondence) are on pages 25 -27. Note: our firm's quality control review included a review of specific governmental engagements. In addition to scheduled Peer Reviews, our firm continually monitors performance to ensure the highest qualitV of services. Under the supervision of the Audit Partner, an Audit Manaqer is responsible for monitoring qualitV control of all appropriate en_ga_gements. Only professional staff that works on an engagement has access to client information. Results of State and Federal Reviews All state and federal reviews of the firm's reports and working papers have been accepted without change or revision to issued reports. �YGrau & Associates 24 TECHNICAL PROPOSAL (Continued) 3. FIRM QUALIFICATIONS AND EXPERIENCE (Continued) ,lr&rGrau & Associates por, ."!;"�1,1,,1,1,,,.,,,,,,,.,,,,, 25 n P7-4 t (L U 'R ii 4� ILI a. Z ,lr&rGrau & Associates por, ."!;"�1,1,,1,1,,,.,,,,,,,.,,,,, 25 161 1 TECHNICAL PROPOSAL (Continued) 3. FIRM QUALIFICATIONS AND EXPERIENCE (Continued) October 3 0. 2004 Mr. Antonio Grau, Jr., CPA Grau & Company, P.A. 2700 Nomh Military Trait Suite 350 Boca Raton, Florida 33431 Dear Tony: Enclosed are two copies of your peer review report for the year ending June 30,, 2004. As we discussed, the report is unqualified and there is no letter o(,miments- You should send a copy of the report to the FICIIA Peer Review Committee, Tony, I enjoyed working on this engagement and your hospitality very much. You have an excellent firm and the dedication to quality, work is apparent. If we can ever be of help or if you have any questions please call me. Sincerdy, William 11. Hawthorne, CPA W1111: Enclosures Grau & Associates U, William 11. HaNvthorn� pa 46.7cia tes. com AVt x•' V ASSOCINI-ES 1301 Sixth Avenue West, Suite Wj CerWi(!(I Public Accvvnum(,, Brildenton, t-lomli _14_10] and cun,ult'lro, (91i I 74 *7 I �ax 941 ' 1 147.8196 October 3 0. 2004 Mr. Antonio Grau, Jr., CPA Grau & Company, P.A. 2700 Nomh Military Trait Suite 350 Boca Raton, Florida 33431 Dear Tony: Enclosed are two copies of your peer review report for the year ending June 30,, 2004. As we discussed, the report is unqualified and there is no letter o(,miments- You should send a copy of the report to the FICIIA Peer Review Committee, Tony, I enjoyed working on this engagement and your hospitality very much. You have an excellent firm and the dedication to quality, work is apparent. If we can ever be of help or if you have any questions please call me. Sincerdy, William 11. Hawthorne, CPA W1111: Enclosures Grau & Associates U, TECHNICAL PROPOSAL (Continued) 3. FIRM QUALIFICATIONS AND EXPERIENCE (Continued) - - I CAA , } .V -,S C1Al -'S September ?0, 200- TO the Shareholders Grab & Company. P -A. We have reviewed the s }•stern of quality control for the accounting and auditing practice of Grau Company, P.A. (the firm) in effect for the year ended June 30, 2004. A system oPquality control encompasses the firm's orLartlL.'itjojl structure and the policies adopted and procedures established to provide it with reasonable assurance of conforming with professional standards. The elenreaats of quality control arG dcscribed in the Staternents on Quality Control Sumdards issued by the American Institute of Certified Public Accountants (the AICPA). The design of the system, and compliance ti +ith it, are the responsibilities of the Gnn. Our responsibility is to express an opinion on the design of the systcrn, and the finn's compliance with that Syatem based on our rcrie%o, Our yeti °ickv inns conducted in accordance with ctandar& established by the Peer Revietir Board of the AICPA, In performing our rcvicw, we obtained all understanding of the system of quality control for the firm's accounting and auditing practice. In addition, we testui compliance midi the firm's quality control policies and procedures to the extent a,e considered appropriate. These tests coverod the application of the fimn's policies and procedures on selected engafi:.tstcnts, Because our rcti iatic ties based on scicctice tests, it •.rouid not necessarily disclose all wea k nesscs in the sy.,tcm orquahuy control or all instances of lack of Cc,mphance With it. 13ccause there a c inherent limitations in the effectivenes. of any system of quality control, departures fiom the system may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is sui?iect to the risk that the system of quality control tray become inadequate because of changes in conditions, or because the degree of Compliance with the pulicics or procedures may detcriortte. fn our opinion. the system of quality control for the accounting and auditing practice of Grau & Company, P.A. in slyest for the year ended June 30. 2004, has been designed to meet the rcquircmcnts A the quality- control standards for an auditing practice established by the AICPA and was complied with during the year then ended to provide the furl with reasonable assurance of conforutine % °ith professional standards. Grau & Associates 27 TECHNICAL PROPOSAL (Continued) 4. SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENT ENTITIES (Continued) Grau & Associates Special Districts (Continued) 0.1 r-f 1 IQ� LISTING OF GOVERNMENTAL CLIENTS c a a SERVED AND RELATED EXPERIENCE c C7 rn � kl :SPECIAL DISTRICTS erdeen Community Development District _ ✓ 9/30 ✓ Amelia National Community Development District _ _ ✓ _ ✓ 9/30 ve Maria Stewardship Community Development District -- - - ✓ ✓ - -- 9130 ,Ballantrae Community Development District Bay —__ -- Laurel Community Development District ✓_ ✓ _ _ ✓ ✓ 9/30 9/30 Baytree Community Development District - _- —__ Beacon Lakes ✓ ✓ 9/30 Community Development District ✓ ✓ 9/30 Beacon Tradeport Community Development District _ ✓ -- i 9/30 — — _ Beeline Community Development District — ✓ - - 9/30 — Bella Terra Community Development District Belmont Lakes Community Development District - - -- - - - - -- -- ✓ ✓ __ ✓_ ✓ 9/30_ 9/30 Bobcat Trail Community Development District ✓ ✓ 9/30 _ Boggy -Creek Community Development District ✓ ✓ 9/30 _ Bonnett Creek Community Devel pment District _ __ Brandy Creek Community Develo ment District --p - -- _____ Briger Community Development District - Brighton Lakes Community Development District ✓ ✓ ✓ ✓ ✓ ✓ ✓ 9/30 - -" 9130 9/30 _ _ Capital Region Community Development District ✓ ✓ 9/30 9/30 Capron Trail Community Development District Cedar ✓ _ ✓ _. 9/30 Pointe Community Development District ✓ v/ 9/30 Central Broward Water Control District - -— ✓ _ ✓ 9/30 Century Gardens Community Development District ✓ ✓ 9/30 Century Pam Community Development District __ CFM (Coolidge Fort Myers) Community Development District ✓ ✓ -- ✓ ✓ 9130 9/30 _ _ City Center Community Development District _ ✓ ✓ 9/30 _ City_Place Communit Development District ✓ �- ✓ 9/30 _ Concorde Estates Community Development District - -- ✓ ✓ 9/30 Co_nnertan West Community Development District _ ✓ ✓ _ __ FqCoPPer Oaks Community Development District ____ ✓ — ✓ _930 9130 Country Green Community Development District ___ _ ✓ ✓ 9/30 Covington Park Community Dev I opment District ct - ✓ — ✓ - -- 9130 Cutler Cay Community Development District ✓ ✓ 9/30 Cypress Cove Communes Development District ✓ ✓ 9/30 Grau & Associates Special Districts (Continued) 0.1 r-f TECHNICAL PROPOSAL (Continued) 4. SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENT ENTITIES (Continued) LISTING OF GOVERNMENTAL CLIENTS = al a c c l °' W W ✓ ✓ ✓ 9 9/30 ✓ ✓ ✓ 9 9/30 ✓ ✓ ✓ 9 9/30 ✓ ✓ _ ✓ ✓ ✓ 9/30 _ ✓ ✓ ✓ 9 9/30 ✓ ✓ ✓ 9 9/30 ✓ 9 Fishhawk I Community Development District ✓ ✓ ✓ ✓ _ 9/30 ✓ � �- 9 _ 9 ✓ ✓ ✓ 9 9/30 Forest Creek Community Development Distnct ✓ ✓ ✓ 9 9/30 Golden Lakes Community Development District ✓ ✓ ✓ ✓ 9 9/30 - - ✓ 9 - Grand Haven Community Development District ✓ ✓ ✓ ✓ ✓ ✓ 9 9/30 ✓ ✓ ✓ 9/30 Greeneway Community Development District ✓ ✓ ✓ ✓ 9 9/30 Greyhawk LandinaCommunity Development District ✓ ✓ ! !- ✓ ✓ 9 9/30 ✓ 9 ✓ - -- 9/30 ✓ I I 9 9/30 _- ✓ ✓ 9 9/30 Heritage Harbor Community Development District 9 ✓ 9 9/3 Heritage 9 ✓ ✓ ✓ 9 99/300; (Herita e Oak Park Community Develo ment District ✓ ! ! ✓ ✓ 9/30 Herita a Park Community Development Distnct - _' ✓ Ii — ✓ 9/30 -- - -4 ✓ , Heritage Springs Community Development District _ ✓ ✓ _ ✓ 9/301 - -r ✓ �- ✓ ✓ 9 9/30 Island at Doral (SW) Community_ Development District Special Districts (Continued) �Y Grau & Associates 3 t TECHNICAL PROPOSAL (Continued) 4. SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENT ENTITIES (Continued) �( Grau & Associates Special Districts (Continued) 30 LISTING OF GOVERNMENTAL CLIENTS ! E a' Q SERVED AND RELATED EXPERIENCE o (Continued) 0 U) v > DISTRICTS , Jour "'s End Community Development District - - ✓ ✓ 9/30 - Kendall Breeze Community Develgpment District_ -- - - - -- ---- - - - - -- ✓ _ ✓ _ 9/30 - Ke Largo_Wastewater Treatment Plant ✓ ✓ ✓ 9/30 Laguna Community Development District ✓ ✓ 9/30 Lake Ashton Community Development District ✓ ✓ 9/30 Lake Powell Residential Golf Community_ Development District Lakes ✓ 9 /30 by Bay Communi�Development District - ✓ ✓ 9/30 - Lakeside Plantation Community Development District - ✓ ✓ 9/30 - - Lakewood Ranch Inter - District Author - - ✓ -- ✓ - - - -- 9/30 _ Lakewood Ranch Community Development District 1 ✓ _ ✓ 9/30 Lakewood Ranch Communes Develo ment District 2 --- - - - - -- - ----- - ✓ ✓ _ 9/30 - - - -- [Lakewood e Ranch Community Development District 3 _____ Lakewood Ranch Community Development District 4 ----- - - - - -- - - - -- - - - -- -- - - - - -- ;Lakewood Ranch Community Development District 5 - Lakewood Ranch Community Development District 6 Lexington Community Deelo ment District - -� v - - P - -- ✓ ✓ ✓ ✓ ✓ _ _ ✓ ✓ ✓_ ✓ ! -� ___ 9/30 9/30 9/30 9/30 9/30 - Lexington Oaks Communit evelo Di - - -- Community y D ment strict _ p.. ---- - - ✓ ✓ 9/30 - - - - - -- - Live Oaks 1 CommunADevelopment District -- - -. - -- ✓ -9 30 - Longleaf Community Development District ✓ - ✓ - - 9/30 Lucaya Community Development District ✓ ✓ 9/30 Maple Ridge m Comunity Development District ✓ _ _ ✓ -- 9/30 Marshall Creek Community Development District _— _ _ - ✓ ✓ -- 9/30 _ Meadow Pines Community Development District - - -- - ✓ ✓ 9/30 Mead �velonI ni pment District ✓ ✓ -- 9/30 __ ___ Meadowpointe IV Community Development District _ ✓ ✓ 9/30 Meadow Woods Community Development District — -- - -- - - - ✓ ✓ 9/30 Mediterra North Community Development District ✓ 9/30 Mediterra South Community Development District -- - ✓ 9/30 Middle Village Community Development District ✓ 9/30 Miromar Lakes Community Development District ✓ 9/30 Myrtle Creek Community Development District ✓ _ ✓ 9/30 "les Heritage Communes Development District ✓ 9/30 Northwood Community Development District ✓ ✓ 9/30 - Oak Creek CommunitT_evelopment District ✓ ✓ 9/30 Oakndge Community Development District - -- -✓ Community Development ✓ 9/30 ,Oakstead District ✓ ✓ 9/30 Palma Sola Community Development District ✓ ✓ 9/30 9130 _____ Pal Mar Water Control District ✓ �( Grau & Associates Special Districts (Continued) 30 TECHNICAL PROPOSAL (Continued) 4. SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENT ENTITIES (Continued) LISTING OF j d GOVERNMENTAL CLIENTS a' a' SERVED AND RELATED EXPERIENCE > W (Continued) a N � v y Palm Bay Community Development District Panther Trace 1 Community Development District Parklands Lee Community Development District Parklands West Community Development District Parkway Center Community Development District Pelican Marsh Community Development District Pier Park Community Development District Pine Is land Community Development District Pinellas Park Water Management District Pinetree Water Control District Piney-Z CommunityDevelopment District Poinciana Community Development District Portofino Isles Community Development District Portofino Shores Communes Development District Preserve at Wilderness Lake Community_Development District Quantum Community Development District Reminn ton Community Development District Renaissance Community Development District Reunion East Community Development District Reunion West Community Devel�ment District — -- - - River Bend Community Development District Rivercrest Community Development District River Place Commu nityDevelolpajent District Riverwood Community Development District Sampson Creek Community Development District Seven Oaks I Community Development District Seven Oaks II Community Development District Somerset Community Development District South Bay Community Development District South Dade Venture Community Development Distract South Fork Community Development District South Fork East Community Development District South Indian River Water Control District South Kendall Comm unity-Development District South Village Community Development District ✓ 9/30 ✓ ✓ 9/30 ✓ ✓ 9/30 — — �._ - -+ ✓ 9/30 9/30 ✓ ✓ I✓ I✓ Split Pine Community Development District ✓ St. John's Forest Community Development District f_✓ �jGrau & Associates .i --I -- i✓ 9/30 9/30 9/30 9/30 9/30 9/30 9/30 9/30 9/30 9/30 9/20 9/30 9/30 9/30 9130 9/30 9/30 9/30 9/30 9130 9/30 9/30 9/30 9/30 9/30 9/30 9/30 9/30 9/30 Special Districts (Continued) 31 1t;1 A TECHNICAL PROPOSAL (Continued) 4. SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENT ENTITIES (Continued) LISTING OF GOVERNMENTAL CLIENTS SERVED AND RELATED EXPERIENCE • (Continued) Sterlin Hill Community_Development District Stevens Plantation Community Development District — Stone brook West Community Development District 3 I E _ 00 ✓ j a A _ i r,-- j a I I- 3 W y >. ✓ 9/30 ✓ _ _ ✓ 9/30 ✓ ✓ 9/30 Tampa Palms Community Development District -- - ✓ ✓ ✓ __ — i ✓ -- ✓ - -- 9/30 9/30 Tarnpa Post Community Deve!opri t District __ _ -- - Tara Community Development District _. 9/30 The Crossing at Fleming Island Community- Development District The Groves Community Development District - - The Harbouraqe at Braden River Community Development District Tolomato Community Development District _ Tomoka Community Development District - -- - — - i- - - Town Center ( Palm Coast Community Development District_— - - -- ✓_ ✓_ ✓ ✓ 9/30 ✓ ✓ _' ✓ ✓ _9130 9/30 9/30_ ✓ -- ✓ � ✓ ✓ 9/30 9130 _— — ur Turnbull Creek Communit Development District ✓ ✓ 9/30 Turtle Run Community Development District ✓ ✓ ✓ _ _ ✓ ✓ ✓ 9130 9/30 9/30 usca�Reserve CommunityDevelo�ment District _ - — University Place Community Development_ District University Square Community Development District __ _ — Verandah West Community Development District Venetian Community Development District Verona Walk Community Development District - — — - — - Village Walk of Bonita Springs Community Development District - — ✓ ✓ _ ___ _9/30 _ 9/30 ✓ ✓ 9/30 ✓ ✓ 9130 _. ✓ ✓ 9130 Villaqes at Bloomingdale Community Development District -- -- Villages -- of Westport Community Development District Visari Community Development District Vista Lakes Community Development District Vizcaya Community Development District - - - -- - -- Walnut Creek Community Development District - - — — ✓ ✓ ✓ ✓ 9130 9130 ✓ 9130 ✓ _✓ ✓ 9/30 ✓ ✓ 9/30 ✓ _ ✓ 9/30 Waterchase Community Development District ✓ Waterlefe Community Development District _✓ Westchester Community_ Development District ✓ West Lake Community evelopment District _ ✓ West Lakeland Water Control District _ _ ✓ West Westr tlille Community Deve District District - T� 9 Y p -- -- - -- Winston Trails Community Distract _ _ ✓ Woodlands Community Development District -- -- -- -- ✓- - -y p -- - - � World Commerce Communit Development District r ✓ Wyndam Park Community Development District ✓ TOTAL 1821 ✓ 9/30 ✓ — -� 9/30 9130 t __ _ rt- _ - � ✓ ✓ ✓ T ✓ ✓ 9/30 9 /30 9/30 9/30, 9/30 - 9/30 9/30 ✓ 1 9/30 _ 3157 Grau & Associates KIM TECHNICAL PROPOSAL (Continued) 4. SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENT ENTITIES (Continued) LISTING OF N N Cp c aci Q 3 1 1 U a GOVERNMENTAL CLIENTS j _ a ! = I W SERVED AND RELATED EXPERIENCE x o o E lal( c!Vn,���l�� r Atlanta Housing Authority (Joint Venture /BKR Metcalf Boca Raton Housing Authority - Delray BBeach HousingAuthority - Fort Pierce Housing Authority_ —_ Orlando Housing Authority_ Tampa Housing Authority West Palm Beach Housing Authority_ TOTAL Florida Transit Association Finance Corporation ✓ ✓ ✓ ✓ ✓ 1 6 /301 South Florida Water Management District _ 9/301 ✓ ✓ ✓ 9/30 South Florida Water Management District (Joint Venture 10%) _ 3/31 _ ✓ 9/30_ ✓ ✓ - - - 6/30. - ✓ ✓ ✓ __— -✓ ✓ ✓ ✓ - -- -- - — - 3/31 ' _ N/A - - - -- N/A 7 - 7 7 — - - _ - -3/ ✓I✓ Migrant Health Services of Palm Beach County _ _ ✓ ✓ N/A South Florida Water Management District _ r ✓ ✓ 9/30 South Florida Water Management District (Joint Venture 10%) _ _✓ 9/30_ South Florida Water Management District CERP Program Management Services Venture) ✓ N/A State of Florida Department of Management Services — (Construction__ State of Florida Department of Revenue State of Florida Department of Transportation�Various -_ - -- -- ✓ N/A - - - -- N/A ✓ } ✓ 2 1 - ✓ - -2 _N /A TOTAL 2_ 1 I 5 Martin County (Various Agreed Upon Procedures) _ _ _ _ ✓ N/A Miami -Dade County Aviation Department (Lease - Agreements ✓ N/A Palm Beach County Abort ✓ N/A TOTAL 1 1 1 - - 1 1 .�( Grau & Associates !" e —1—f " ";4' 33 TECHNICAL PROPOSAL (Continued) 4. SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENT ENTITIES (Continued) �j Grau & Associates 34 r— T V V � LISTING OF dj GOVERNMENTAL CLIENTS o 7IEIQ!aI 0�a��l I�I SERVED AND RELATED EXPERIENCE 2 9" 7S N o 0 o � �' = I Q' a � d� W •• o - l — roward County School District (Joint Venture) -' (Assessment of Maintenance Operations) — - -- - - - - - -- Broward County School District (Joint Venture, 20 %) - - -- -- _ ✓ ✓ ✓ ✓ N/A N/A orida Community College at Jacksonville (Internal Audit) -- ✓ 6/30 Highland County School District (Internal Funds Audit) ---- - - - - -- - - - - - -- _ 6/30 Miami -Dade County School District (Internal Audit - Quality Review) - — ✓ -✓ -- � - - -- -- -- __ — N/A - -- Palm Beach County School District (Assessment of maintenance for Facility and Property Management (Internal Funds Audit ✓ ✓ ✓ ✓ 6 /30 6/30 - -- Palm Beach County School District (Joint Venture, 20 %) - - ✓ _ Palm Beach County Workforce Development Board -1 - (Joint Venture, 25 %) - -- ✓ ✓ 4 1 ✓ ✓ ✓ 6130 6/30 -- - - -- -- . - outhwest Florida Workforce Development Board TOTAL City of Lauderhill ✓ ✓ ✓ 9/30 ity o Lauderhill - General Employees Retirement System ✓ 9/30 City of North Lauderdale ✓ � - ✓ -- ✓ ✓ - - - ✓ ✓ - ✓ — 9/30 - NIA _ City of North Palm Beach (Internal Audit) City of Pompano Beach (Joint Venture 40 %) — ✓ - -- 9/30 _ City of Sweetwater ✓ ✓ 9/30 City o Sweetwater - Retirement Plan (Component Unit) ✓ ✓ -_ - ✓ - -- -- 9130 City of West Miami -- ._ 9 /30 Miami Beach Redevelopment Agency -IF ✓ ✓ ✓ ✓ ✓ ✓ ✓ 9/30 ow-no Davie ✓ 9130 Town of Hypoluxo ✓ ✓ 2 ✓ ✓ 11 ✓ ✓ 6 6 5 ✓ 9/30 0 West Palm Beach Golf Commission (Component Unit) 1 3 9130 TOTAL �j Grau & Associates 34 TECHNICAL PROPOSAL (Continued) 4. SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENT ENTITIES (Continued) LISTING OF NON - PROFIT CLIENTS SERVED AND RELATED EXPERIENCE [Palm Beach Community College Foundation TOTAL SOCIALSERVICIES Aid to Victims of Domestic Abuse, Inc ,Broward County Human Rights Board /Division (Joint Venture 30 %) Mae Volen Senior Center National Board for Registration of Registrars National Cancer Registration Board Urban League of Palm Beach County -- -- - - -- - - -- - _ - - -__------------ - -- TOTAL Broward Education Foundation 1-Hispanic Human Resources Council North Lauderdale Academy High School TOTAL Christian Manor ',Northwood Development Corporation TOTAL 6/30 ✓ ✓ ✓ ✓ ✓ 6/30 ✓ ✓ N/A ✓ ✓ ✓ ✓ ✓ ✓ 6/30 3131 ✓ ✓ 6/30 -- ✓ ✓ 6/30 ✓ ✓ ✓ ✓ ✓ 6/30 ✓ ✓ j ✓ ✓ ✓ ✓ ✓ 9/30 - -� -I - -- � - -,I ✓ .....6130 ✓ ✓ ✓ ✓ ✓ ✓ 12/31 ✓- ✓ fi ✓ ✓ ✓ ✓ - - 9/30 2 21 2 2 2 2 -llrGrau & Associates ,, 35 u u 3 x `m L 6/30 ✓ ✓ ✓ ✓ ✓ 6/30 ✓ ✓ N/A ✓ ✓ ✓ ✓ ✓ ✓ 6/30 3131 ✓ ✓ 6/30 -- ✓ ✓ 6/30 ✓ ✓ ✓ ✓ ✓ 6/30 ✓ ✓ j ✓ ✓ ✓ ✓ ✓ 9/30 - -� -I - -- � - -,I ✓ .....6130 ✓ ✓ ✓ ✓ ✓ ✓ 12/31 ✓- ✓ fi ✓ ✓ ✓ ✓ - - 9/30 2 21 2 2 2 2 -llrGrau & Associates ,, 35 TECHNICAL PROPOSAL (Continued) 4. SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENT ENTITIES (continued) ARBITRAGE The federal government has imposed complex rules to restrict the use of tax - exempt financing. Their principal purpose is to eliminate any significant arbitrage incentives in a tax - exempt issue. We have determined the applicability of these requirements and performed the rebate calculations for more than 100 bond issues. LISTING OF GOVERNMENTAL CLIENTS GRAD PROVIDES ARBITRAGE SERV ICES FOR: ■ Bartram Springs Community Development District • Beacon Lakes Community Development District • Beacon Tradeport Community Development District • Bobcat Trail Community Development District ■ Brandy Creek Community Development District • Briger Community Development District • Brighton Lakes Community Development District • Capital Region Community Development District • Cedar Pointe Community Development District • Championsgate Community Development District • City Place Community Development District • Cory Lakes Community Development District • Country Greens Community Development District • Double Branch Community Development District • Dunes Community Development District • East Homestead Community Development District • East Park Community Development District • Falcon Trace Community Development District • Fleming Island Plantation Comm. Dev. District • Grand Haven Community Development District • Griffin Lakes Community Development District • Habitat Community Development District • Hamal Community Development District • Harbour Lakes Estates Comm. Development District • Harmony Community Development District • Heritage Palms Community Development District • Heritage Pines Community Development District • Heritage Springs Community Development District • Huntington Community Development District • Islands of Doral III Community Development District • Julington Creek Plantation Comm. Dev. District • Laguna Lakes Community Development District • Lake Ashton Community Development District • Lakeside Plantation Comm. Development District • Lakewood Ranch 1 Community Development District • Lakewood Ranch 2 Community Development District Grau & Associates • Lakewood Ranch 3 Community Development District • Lakewood Ranch 4 Community Development District ■ Lakewood Ranch 5 Community Development District ■ Lakewood Ranch 6 Community Development District ■ Live Oak Community Development District • Marshall Creek Community Development District • Monterra Community Development District • Narcossee Community Development District • Old Palm Community Development District • Overoaks Community Development District • Parkway Center Community Development District • Pine Air Lakes Community Development District • Pine Island Community Development District • Portofino Isles Community Development District • Portofino Shores Community Development District • Reunion East Community Development District • Reunion West Community Development District • River Place on the St. Lucie Community Dev. District • Sampson Creek Community Development District • South Dade Venture Community Development District • South Village Community Development District • Spicewood Community Development District • Stoneybrook West Community Development District • The Crossings at Fleming Island Comm. Dev. District • Turnbull Creek Community Development District • University Place Community Development District • Urban Orlando Community Development District • Vasari Community Development District • Villages of Westport Comm. Development District • Villasol Community Development District • Vista Lakes Community Development District • Vizcaya Community Development District • Walnut Creek Community Development District • Waterchase Community Development District • Westchester Community Development District #1 36 TECHNICAL PROPOSAL (Continued) 5. SPECIFIC AUDIT APPROACH SCOPE l WORK PRODUCTS / RESULTS Grau's Understanding of Work Product/ Scope of Services: We recognize the District is an important entity and its responsibilities create a challenging and dynamic organization. We are confident our firm is eminently qualified to meet the challenges of this engagement and deliver quality audit services to the District. Naples Heritage Community Development District would be a valued client of our firm and we pledge to commit all firm resources to provide the level and quality of services (as described below) which both fit the District's needs and exceed the District's expectations. Grau & Associates fully understands the scope of professional services and work products requested in this RFP. Our audit will follow the Auditing Standards of the AICPA, Generally Accepted Government Auditing Standards, issued by the Comptroller General of the United States, and the Rules of the Auditor General of the State of Florida. We will deliver our reports in accordance with your requirements. Segmentation Our approach to the audit engagement is a risk -based approach which integrates the best of traditional auditing techniques and a total systems concept to enable the team to conduct a more efficient and effective audit. The audit will be conducted in three phases, which are as follows: Phase I - Preliminary Planning A thorough understanding of your organization, service objectives and operating environment is essential for the development of an audit plan and for an efficient, cost - effective audit. During this phase, we will meet with appropriate personnel to obtain and document our understanding of your operations and service objectives and, at the same time, give you the opportunity to express your expectations with respect to the services that we will provide. Our work effort will be coordinated so that there will be minimal disruption to your staff. During this phase we will perform the following activities: • Review the regulatory, statutory and compliance requirements within which the District operates. This will include a review of applicable federal and state statutes, resolutions, bond covenants, contracts, and other agreements. • Read minutes of meetings of the District Board and various committees. • Obtain the prior year trial balance and import into our paperless audit system. • Review major sources of information such as budgets, organization charts, procedures manuals, financial systems, and management Information systems. .� Grau & Associates r�,..,d 37 TECHNICAL PROPOSAL (Continued) 5. SPECIFIC AUDIT APPROACH (Continued) Phase I - Preliminary Planning (Continued) • Obtain an understanding of the District's fraud detection and prevention systems. • Obtain and document an understanding of the District's internal control. Consider the methods that the District uses to process accounting information which influence the design of the internal control. This understanding includes knowledge about the design of relevant policies, procedures, and records, and whether they have been placed in operation by the District. • Assess risk and determine what controls we are to rely upon and what tests we are going to perform. Perform test of controls. • Develop audit programs to incorporate the consideration of financial statement assertions, specific audit objectives, and appropriate audit procedures to achieve the specified objectives. • Discuss and resolve any accounting, auditing and reporting matters which have been identified. Phase If — Execution of Audit Plan The audit team will complete a major portion of transaction testing and audit requirements during this phase. The procedures performed during this period will enable us to identify any matter that may impact the completion of our work or require the attention of management. Tasks to be performed in Phase II include, but are not limited to the following: • Obtain trial balances for the fiscal year under audit and import into our paperless audit system. • Apply analytical procedures to further assist in the determination of the nature, timing, and extent of auditing procedures used to obtain evidential matter for specific account balances or classes of transactions. • Perform tests of account balances and transactions through sampling, vouching, confirmation and other analytical procedures. • Perform tests of compliance with applicable laws, regulations, contracts, and agreements. • Review test results and preliminary conclusions. For test of controls and tests of transactions, our professionals will utilize sampling methodologies designed to ensure effective audit procedures are applied in the most efficient manner. Statistical approaches will be based on our calculation of risk factors. If a non - statistical approach is deemed appropriate, we will design our procedures to obtain levels of assurance that we judge to be equivalent to those required when using statistically based techniques. We are actively committed to using computer -based audit techniques. Our knowledge of information systems (IS) and the use of personal computers yield significant savings in the time required to complete an audit. For data extraction, including sample selection, we use a software called Audit Command Language (ACL) for Windows. .� Grau & Associates i/ W "o "d 38 TECHNICAL PROPOSAL (Continued) 5. SPECIFIC AUDIT APPROACH (Continued) Phase III - Completion and Delivery In this phase of the audit, we will complete the tasks related to the closing of year -end balances and financial reporting. This will include final testing in the areas of compliance, balance sheet accounts, revenue and expenditures, among others. All reports will be reviewed with management before issuance, and the partners will be available to meet with the District to discuss our report and address any questions they may have. Tasks to be performed in Phase III include, but are not limited to the following: Perform final analytical procedures including comparison of adjusted expenditure amounts to the budget. Review minutes for subsequent events. Meeting with Management to discuss preparation of draft financial statements, Management's Discussion and Analysis, subsequent events, and any potential findings or recommendations. You should expect more from your accounting firm than a signature in your annual financial report. Our concept of truly responsive professional service emphasizes taking an active interest in the issues of concern to our clients and serving as an effective resource in dealing with those issues. In following this approach, we not only audit financial information with hindsight but also consider the foresight you apply in managing the operations of the District. Application of this approach in developing our management letter is particularly important given the increasing financial pressures and public scrutiny facing today's public officials. We will prepare the management letter at the completion of our final procedures. In preparing this management letter, we will initially review any draft comments or recommendations at the level within the District's government where direct management responsibility for the activity under question rests. Only after the initial communication, will we discuss pertinent issues with higher -level officials. We will immediately report all irregularities and illegal acts or indication of illegal acts to the District Manager. Grau & Associates ,rr. d "11,1" 39 �W �1�1 TECHNICAL PROPOSAL (Continued) 5. SPECIFIC AUDIT APPROACH (Continued) Phase III - Completion and Delivery (continued) In addition, we will inform the District on each of the following: • The auditor's responsibility under generally accepted auditing standards; • Significant accounting policies; • Management judgments and accounting estimates; • Significant audit adjustments; • Other information in documents containing audited financial statements; • Disagreements with management; • Management consultation with other accountants; • Major issues discussed with management prior to retention; and • Difficulties encountered in performing the audit. Any criticism of operations will be constructive, and whenever recommendations have been already identified by internal staff, the letter will so state. Our findings will contain a statement of condition describing the situation and the area that needs strengthening, what should be corrected and why. Our suggestions will withstand the basic tests of corrective action: • The recommendation must be cost effective; • The recommendations are to be the simplest to effectuate in order to correct a problem; • The recommendation must go to the heart of the problem and not just correct symptomatic matter; and • The corrective action must take into account why the deficiency occurred. To assure full agreement with facts and circumstances, we will fully discuss each item with the appropriate District Manager prior to the final exit conference. This policy means there will be no "surprises" in the management letter and fosters a professional, cooperative atmosphere. We wish to assist you in identifying and solving problems before they become critical. To this end, while our management letters will, of course, communicate reportable conditions or other instances of non - compliance, we will also go beyond simply identifying any noted weaknesses. Rather, we will also recommend suggestions as appropriate for improving operational efficiency, including increasing revenues, decreasing costs, improving management information effectiveness, protecting assets, etc. Our personnel's diverse experience, and their independent and objective views, ensures valuable and meaningful comments, observations, and conclusions as presented in our management letters. We provide positive, solution- oriented recommendations for areas such as financial investing, data and payroll processing, purchasing, budgeting, pension and risk management, and general accounting accuracy. -,(r Grau & Associates 40 TECHNICAL PROPOSAL (Continued) 5. SPECIFIC AUDIT APPROACH (Continued) Phase III - Completion and Delivery (Continued) INVOLVED THROUGHOUT THE ENTIRE YEAR AT NO EXTRA COST j Communications We emphasize a continuous, year -round dialogue between the District and our management team. We will schedule periodic progress meetings in addition to the entrance, interim and exit conference. During these meetings, District personnel may inform us of their concerns, and we can draw upon our extensive experience with local government operations to offer the appropriate advice and counsel. We believe this continuous, open communication is critical to serving your needs. In addition, we will be involved through the entire year, at no extra cost, to communicate new developments and changes occurring in the governmental sector. Willingness and Capability to Perform Grau affirms that it has the professional staff available to perform this engagement and that all of its resources will be available to complete the work. -,Yr Grau & Associates FW, we'dn,.al,. 41 L M SUPPLEMENTAL INFORMATION CONSULTING / MANAGEMENT ADVISORY SERVICES Grau also provides a broad range of other management consulting services. Our expertise has been consistently utilized by Governmental and Non - Profit entities throughout South Florida. Examples of engagements performed are as follows: • Evaluation of computer I/T systems • Evaluation of facilities and property management • Accounting systems • Development of budgets • Organizational structures • Cost control • Financing alternatives • Fixed asset records • Cost reimbursement • Indirect cost allocation • Bond offering • Inventory systems • Construction cost systems • Business valuations • Purchasing alternatives • Grant administration and compliance • Encumbrance accounting systems AUDITS OF LEASE AGREEMENTS AND FRANCHISE FEE AGREEMENTS During the last five years, we have been involved in performing audits of lease agreements and franchise fee agreements for the following entities: • Martin County — Parks and Recreation • Town of Hypoluxo — Franchise Fees RETIREMENT PLANS Examples of retirement plans of government entities audited by the firm: • City of Lauderhill General Employees Retirement Plan • City of Sweetwater Police Officers Defined Benefit Retirement Plan • Pinetree Water Control District Defined Contribution Retirement Plan • Town of Hypoluxo Defined Contribution Retirement Plan • Town of Davie General Employees Retirement Plan 'IT Grau & Associates 42 CONCLUSION GRAU IS THE "RIGHT" CHOICE FOR THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT GRAU PLEDGES THE FOLLOWING GUARANTEES: We will: Provide a qualified and experienced audit team possessing knowledge of the operation and administration of the District's compliance and legal requirements, and accounting and reporting for operations pursuant to auditing standards and legal requirements Demonstrate our commitment to quality client service through: ✓ ease of accessibility ✓ prompt response to questions, comments, or requests ✓ insight and suggestions regarding internal controls, management, and operation, as proper, for both financial and compliance considerations Provide value and services above and beyond the traditional auditor's "product" - we will "go the extra mile" Coordinate with the District's personnel, to ensure minimum disruption and maximum contribution of District staff Develop and maintain open lines of communication with the District to help expedite the audit process and avoid awkward end -of- engagement "surprises" 1 0�r,;, .., Grau & Associates x;..r r,,,r r:. 43 CONCLUSION (Continued) The partner and staff of Grau & Associates are committed to providing the Naples Heritage Community Development District with our resources and specialized expertise. We vow to work closely with the District's staff to accomplish not only those minimum requirements set forth in your Request for Proposal, but to exce @d those expectations. Af Grau & Associates fK 44 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: January 25, 2007 RE: Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Port of the Islands Community Development District Port of the Islands Community Development District has submitted the following item: a. Minutes of meeting held December 8, 2006. Thank you lspeciahspecial Ni Sc: 9..0; reS. !late: t 3 { 1 �-- Port of the Islands 16 I A Community Improvement District Severn Trent Services, Management Services Division 210 North University Drive, Suite 800 — Coral Springs — Florida 33071 (954) 753 -5841 — (954) 796 -0623 fax January 17, 2007 Memorandum To: Mr. Robert Dick Severn Trent Services, Inc. 5726 Corporation Circle Fort Myers, Florida 33905 Reference: Minutes of Meeting held December 8, 2006 and Approved January 12, 2007 From: Edward Goscicki District Manager Enclosed for your records is a copy of the minutes of the above - referenced meeting of the Port of the Islands Community Improvement District's Board of Supervisors. Please make this document available to the public during normal business hours. If you have any questions, please call Janice Swade at (954) 753 -5841. Cc: For information purposes only: Clerk of the Circuit Court c/o Mr. Derrick Johnssen 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112 -3016 Mr. Jim Mudd Collier County Manager Governmental Center 3301 East Tamiami Trail Administration Building Naples, Florida 34112 jms 16 I i p i MINUTES OF MEETING PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held on Friday, December 8, 2006 at 10: 00 a.m. in the Egret Room, 25000 Tamiami Trail, Naples, Florida. Present and constituting a quorum were: Richard Gatti Chairman Dale Lambert Vice Chairman Ted Bissell Assistant Secretary Norine Dillon Assistant Secretary Richard Ziko Assistant Secretary Also present were: Cal Teague Severn Trent Services Dan Cox Attorney (via Telephone) Ron Benson Engineer Bob Dick Field Manager Tom Mack Staff Christopher Shucart POI Hotel & Marina James Shucart POI Hotel & Marina Sue Beck Resident Manuel Chivelti Resident George Cramer Resident J. David Dreyer Resident Jim Dyer Resident R.W. Gulledge Resident Ginny Hamilton Resident Vern Hamilton Resident Art Henry Resident Barbara Henry Resident Bill Kiep Resident Dennis McKay Resident George Miserendino Resident Robert Moses Resident Fred Osswald Resident J.V. Siano Resident Jerry Wintern Resident I December 8, 2006 16.1 A a Port of the Islands C.I.D. FIRST ORDER OF BUSINESS Roll Call Mr. Gatti called the meeting to order and Mr. Teague called the roll. SECOND ORDER OF BUSINESS Organizational Matters A. Oath of Office for Newly Elected Supervisor — Supervisor Elected by General Election (Ted Bissell) Mr. Gatti stated Mr. Cox will swear in both Mr. Bissell and I. Since he has not called in yet, can you take care of it? Mr. Teague responded this actually does not have to be done. Mr. Bissell just has to fill out the form and send it in. Since we did not have you listed, I thought you were already set. Mr. Gatti stated I am already set, but I thought we had to do this. Ms. Dillon stated they both have to be sworn in since they were both elected. Mr. Teague stated it was explained to me to fill out the form and send it in. The record reflects Mr. Cox telephoned in and is now part of the meeting. Mr. Gatti stated you need to swear Mr. Bissell and I in. While you are getting organized, I want to discuss another issue relating to this. We discussed rotating the chairmanship every one or two years, which we should consider now. We must determine whether or not we want to do this every two years. Is a policy or resolution required? Mr. Cox responded you can just do a resolution of the Board. On MOTION by Ms. Dillon seconded by Mr. Ziko with all in favor a policy to elect a new Chairman every two years by linking it with the election of officers was approved. Mr. Cox being a Notary Public of the State of Florida administered the oath of office to Mr. Gatti and Mr. Bissell. Copies of the signed oaths are attached hereto and made a part of the public record. B. Election of Officers — Resolution 2007 -3 Mr. Gatti stated I wish to nominate Mr. Bissell as Chairman for the next two years. Mr. Bissell is eminently qualified; he was a member of the School Board in Wisconsin; he was a Mayor; and he knows how to handle meetings. He is an extremely dedicated person who has not missed many Board meetings, and he certainly is a part of the community. 2 December 8, 2006 16� Port of the Islands C.I.D. Mr. Gatti nominated Mr. Bissell as Chairman and Ms. Dillon seconded the nomination. There being no further nominations with all in favor, Mr. Bissell was elected Chairman. Mr. Bissell stated I believe the Board as well as the community thanks Mr. Gatti for all of his years of leadership. We also need to nominate a Vice Chairman. Ms. Dillon nominated Mr. Lambert as Vice Chairman and Mr. Gatti seconded the nomination. There being no further nominations with all in favor, Mr. Lambert was elected Vice Chairman. Mr. Bissell asked how is the Secretary elected? Mr. Teague responded this is part of the resolution. Mr. Cox stated someone from the District Manager's office usually serves as the Secretary since it helps with the administration of the District. Each of the other Board members other than you and Mr. Lambert are to be appointed as Assistant Secretaries. Mr. Bissell stated both the Chairman and another Board member usually sign the minutes. Ms. Dillon asked who has been signing the minutes? Mr. Bissell responded Mr. Gatti and I have been signing them. Ms. Dillon asked should the Vice Chairman sign? Mr. Bissell responded the Secretary usually signs them. Mr. Gatti stated since Ms. Dillon reads the minutes faster than any of us, I believe she should be nominated as the Secretary. Mr. Bissell stated Mr. Gatti and Mr. Ziko will be Assistant Secretaries. Mr. Teague stated we still need to adopt Resolution 2007 -3 which would confirm the nominations and the Assistant Secretaries will be Mr. Ziko, Mr. Lambert and Ms. Dillon. Mr. Benson stated Ms. Dillon is the Secretary. Mr. Lambert asked does Severn Trent have someone to serve as Assistant Secretary? Mr. Teague responded it may work out well if you name me as Assistant Secretary, since I will be here whenever Mr. Goscicki cannot attend. 3 December 8, 2006 Ms. Dillon asked will Mr. Goscicki still be part of the CID? Mr. Teague responded Mr. Goscicki is still the District Manager. ZJ Port of the Islands CD. On MOTION by Mr. Lambert seconded by Ms. Dillon with all in favor Resolution 2007 -3 Designating Officers of the District was THIRD ORDER OF BUSINESS Approval of the Minutes of the November 10, 2006 Meeting Mr. Bissell stated each Board member received copy of the minutes of the November 10, 2006 meeting and requested any additions, corrections or deletions. There not being any, On MOTION by Ms. Dillon seconded by Mr. Ziko with all in favor the minutes of the November 10, 2006 meeting were approved. FOURTH ORDER OF BUSINESS Manager's Report — Field Manager's Report Mr. Teague stated with regards to the water conservation brochure which was to be presented, it should be ready before January. I am the new District Manager in Southwest Florida working out of Mr. Dick's office in Fort Myers, and I will leave you my contact information. I return every phone call and email. Mr. Bissell asked are you replacing Mr. Goscicki? Mr. Teague responded I am not replacing Mr. Goscicki, but my background is more closely related to District Management, and this is the type of work I was relocated here to do. I was more involved with operations for the Midwest prior to relocating here. Mr. Ziko asked will you attend more meetings without Mr. Goscicki? Mr. Teague responded Mr. Goscicki is still your District Manager, but if he and the Board want to change, I will certainly be happy to fill the position. Ms. Dillon asked will you both attend meetings? Mr. Teague responded we can both attend meetings. Ms. Dillon stated I believe a different person attending each month may make follow -up on issues difficult. What do you think? 4 December 8, 2006 Mr. Bissell responded I agree. 16 1 1 A �-- Port of the Islands C.I.D. Ms. Dillon asked will we have the water conservation brochure ready for approval before the next meeting? Mr. Teague responded this was my understanding, and I will do my best to ensure it is ready for approval and distribution at the next Board meeting. Mr. Lambert asked is there a lag in getting Mr. Stephens' insurance paid or are we still required to pay for it? Mr. Teague responded I am not certain. There is always a lag as far as months overlapping. Mr. Lambert stated we asked for this to be checked out before. Mr. Teague stated I will e-mail a response next week. Mr. Ziko stated we are missing the Statement of Revenues and Expenses as well as the tax collection information which are normally included in the financial statements. Mr. Teague asked do you want this information sent via e -mail? Ms. Dillon responded e-mail is a good idea. Mr. Bissell stated with regards to e -mail, I am concerned people who have a Mac may not be able to access it. Mr. Ziko asked what is the status of the broken pumps? Mr. Dick responded the contractor we chose to evaluate the pump station was not able to provide a timely quote due to their workload. Therefore, we had to hire another company called Krueger Pump Systems, and I am going to meet them here today. They are from the east coast, but they have a service depot in this area. I was disappointed the other company dropped us, but I was not able to wait for their workload to decrease. Although I have not made any progress, we are proceeding with this company who specializes in irrigation pump stations. Mr. Bissell asked does the electrical panel which was just done three or four years ago still need additional work? Mr. Dick responded one pump does not work and a large electrical cord is missing and has to be replaced. However, I will get a detailed report for the next Board meeting or sooner. There are no major problems with plant operations at this time. Both plants are fully operational. We still have the nitrate problem at the wastewater plant. The Board approved some repairs to be done, which involve two phases. The new pipe was installed, and the second 9 December 8, 2006 Port of the Islands C.I.D. phase involves cutting in a valve. We had to border the valve, and they excavated and exposed the pipe where this valve will be installed. They are installing it right now, and I expect the system to be operational by Monday or Tuesday. The biological process will quickly start within a couple of days, and we will have those nitrates down. This is the last issue to bring the wastewater plant into compliance. With regards to the front landscaping, we are going to deed the irrigation on the flags. We did the paths on our irrigation main in two locations. The meters were set and they tie into those meters. Since they want to establish a new electrical service which will generate another bill, we worked with the county and the landscaper and came up with a more efficient way which involves getting the electric out of the panel at the pump station and run the irrigation timers, eliminating the need for another electrical service and bill. We looked at the panel and found a break in the one which was not being used which is sufficient for irrigation. We were happy to be able to do this without having to get another electrical service. Mr. Teague asked where is this located? Mr. Dick responded it is at the pump station at the river. They are going to run a conduit over to us. Orchid Cove and Mr. Benson will probably discuss this in further detail. I attended a lift station start-up in which the representative from the pump manufacturer ran the pumps through the different phases, tested the pressure and did an infiltration test measuring the amount of water in the wet well to see how much it comes up from one day to the next. It passed the initiatives which were all done through RWA, the Orchid Cove engineer. The lift station passed the inspections, and I have the request to DEP for certification on both the water and wastewater systems. It requires approval from the Board in order to certify the capacity both on the water and wastewater side. I want to discuss this today and see if can get them approved for submittal. Once they are submitted and Nve receive certification back from the DEP, we can commence setting meters and allowing those systems to come on line. Ms. Dillon asked are there likely to be any problems with the DEP? Mr. Dick responded I do not believe so. Mr. Benson stated perhaps we should do this now. We received applications for Certification of Completion of Construction from RWA on December I". On the first submittal, I sent a notice immediately via e -mail to the engineer and asked them change the record drawings which is significant and we need to be aware of it. However, they made the change. The first set of drawings which were submitted showed Buildings 37, 38, 39 and 40. If you I December 8, 2006 16 i 1 Port of the Islands C.I.D. recall, Buildings 40 through 47 were removed from the plans during the Collier County SDP process because according to the review of the utilities and plans, we limited them to the number of buildings which have ERCs. Therefore, they had to take the other buildings off of the plans. They brought this to Mr. Williams' attention and he sent a revised set of record drawings in which those buildings were removed, and I received them back on December 5th. This second set of plans were approved by the county and POI when this was all part of the construction. When it went in for the DEP permits, it was for Buildings 1 through 36. Collier County also only had 36 buildings. The plans were provided as record drawings showing the minor modifications, but nothing significant. Mr. Ziko stated I want to know how many buildings were on the plans and if they are identical to the original plans because when I went over there with Mr. Dick they were at a different location. The two buildings at the entrance as well as the two buildings across from the pool were taken off the plans. The original plan shows four buildings which were already constructed. Mr. Benson stated there was a series of plans which went through the Collier County process for the SDP, and I believe you may be referring to the original plans before revisions were added when it went through the process. We held firm and said we were not going to sign off until they took the buildings off the plans and renumbered them in order to allow the last four buildings to be the new numbers 37, 38, 39 and 40. There are two buildings near the pool and two near the entrance which hold those last four numbers. Their engineer signed the certification forms. I spoke to him two weeks prior to this and I told him they needed to prepare the documents authorizing them as the utility providing water and treating wastewater. The present owner will not turn anything over to us, but we will deal with this issue separately. At some point the developer and the HOA will probably ask us to consider acceptance of responsibility for maintenance of the water and sewer system within the community to be turned over to them as well as provision of dedication, which is a separate issue. This allows them to complete the process with DEP, in which they obtained a permit we signed to give them water and treat their wastewater. The responsible engineer signed all documents indicating the work was done according to the plans. Record drawings were also provided. Mr. Dick attended the inspections with the engineer, and everything is in good shape. At this point, I believe we do not have any choice other than to execute these documents. 7 December 8, 2006 Y {� Port of the Islands C.I.D. Mr. Lambert asked are we telling them we are supplying water only? Mr. Benson responded we are supplying water and sewer service for the first 36 billings, as we have always agreed to. Mr. Ziko asked are we currently supplying them water? Mr. Dick responded we are only supplying irrigation water. Mr. Benson asked do they have a construction meter? Mr. Dick responded there are no physical meters set in the complex. Mr. Benson stated when their original permit was sent to DEP, I believe Mr. Lambert signed it in the absence of the Chairman. Therefore, they had his name and indicated Mr. Lambert as the Vice Chairman to sign the documents, which I do not believe is a major issue. Mr. Dick stated they applied for six meters and five others, which will not be considered until we receive DEP certification. Mr. Ziko asked how are these buildings going to be metered? Are there going to four meters for each building? Mr. Dick responded each unit will have its own meter. The 10" irrigation meter will be installed last at the front. Mr. Lambert stated we will fill in the individual unit elements. Mr. Dick stated that is correct and they will be for potable water. The irrigation will be billed to the HOA. Mr. Benson stated as soon as I received the first set of plans, I immediately let the engineer know we will not approve the record drawings with building numbers 37, 38, 39 and 40 shown as being as being built and served. They removed them, and I want to briefly read what he said when he sent the documents back in order to ensure you have the same information I have. Thank you for your e -mail on Friday afternoon. I apologize for the oversight regarding record drawings that were submitted on Friday. We are currently working with Collier County to amend the SDP and regain the,four buildings included as part of the original design which were lost due to insufficient ERCs. These four buildings were inadvertently included on the record drawings. Asper your request, these four buildings have been removed from the attached record drawings. December 8, 2006 16 1 1 A Port of the Islands C.I.D. I wanted to make you aware of this since they were telling me they are trying to obtain approval from Collier County to build those additional four buildings. I assume Collier County will ensure they have utility service prior to approval, but I wanted you to know of their intentions. Ms. Dillon asked what is the normal procedure? Should they come here first before they go to the county in order to obtain approval to build? Mr. Benson responded no. According to the process, Collier County is the approving agency for building these types of structures. However, as part of the county process, they must have utility availability and since we are the utility, Collier County asked the CID engineer to review the drawings as part of the engineering review which Collier County does through their own department if it is for Collier County utilities. I assume they will do this. Mr. Lambert asked do they have another site plan? Mr. Benson responded I was told they are currently working with Collier County to amend the SDP. Therefore, I believe there is an amendment process to the existing STP. Since they have the zoning and the SDP document allows more buildings than they were intending to build, the requirement is acceptable, and I assume Collier County will ask us for utility approval prior to giving them permits to build. Mr. Ziko asked do you know anyone in the department who could raise a flag for him and say they do not have the required water and sewerage? ERCs? Mr. Benson responded I can do this if you want me to. Mr. Ziko stated this may not be a bad idea before it gets lost in the paperwork. Mr. Benson stated this is the reason I brought it to your attention. Ms. Dillon asked have you contacted them in terms of them negotiating to get more Mr. Benson responded I do not have any ERCs to sell them. If they acquire some ERCs from another property owner, they must go through the ERC transfer process, at which point we will know whether or not they have the ERCs. Based on what the Board told me in the past, I am keeping my eyes open on this issue and I will send the letter. Mr. Ziko stated since they have a track record of doing what they want without informing us, I can see them putting up these four buildings and trying to make it the CID's responsibility to supply them with water. G December 8, 2006 (i D il Port of the Islands J. Mr. Benson stated I will make the county aware one other item came up during construction, and I will take care of this. Mr. Dick stated we are in the process of hiring a Field Technician who will not be obligated to stay at the plant. Therefore, they will be able to go out into the field, paint fire hydrants as well as other miscellaneous repairs. Ms. Dillon asked is this in your contract? Mr. Dick responded that is correct. Ms. Dillon stated you will pay the person. Mr. Dick stated that is correct. This person will help us handle all of the necessary renovations. Mr. Lambert asked do we have something in the works to get the stem repaired and the fire hydrants done? Mr. Dick responded that is correct. We have several fire hydrants at the plant and we want to try to take the stems out of them. Although we do not want to delay this, I believe you will need to spend between $1,500 and $2,000 to install a new hydrant if the broken one cannot be repaired, which we are trying to handle first. Ms. Dillon asked do you have a timetable as to when they expect to landscape the area on Route 41? Mr. Dick responded trees are supposed to be delivered today. Mr. Lambert stated I was told they are supposed to start next week. Mr. Bissell asked what are they going to plant? Mr. Dick responded there are landscape drawings at the plant which show the trees, shrubs and all planting. I should have brought them with me. However, it is going to be extensive. Mr. Bissell asked does the property between the black top, under the road and the palm trees in the right -way belong to the CID? Mr. Ziko responded I believe so. Mr. Bissell stated they put irrigation in there, and they ran the irrigation from their driveway to the construction area. Mr. Dick asked are the trees which they planted on Orchid Cove's property? 10 December 8, 2006 Port of the Islands C.L1 Mr. Bissell responded they are on our side, but I am not certain whether or not they are going to furnish the water. Also, and they did this landscaping on our property without permission. Mr. Dick stated they will pay for this. Mr. Lambert asked are you referring to the east or west side of Union Road? Mr. Bissell responded I am referring to the west side of Union Road. There is irrigation all the way along on their property, but they also have some on this side. center. Mr. Dick stated I will look at this, but it is all coming through their 2" meter. Ms. Dillon stated we also discussed the possibility of the irrigation line going down the Mr. Dick stated I was in touch with a contractor and I hoped to have the proposal today. I waited as long as possible to receive the fax, but we did have a company come out. This job is bigger than he was able to handle. Since he is only fully equipped to repair the existing system, he facilitated getting me a quote, which we should have today. Mr. Bissell stated there is some plywood which appears to be coming off on the entranceway. Perhaps you can check on those and see if they are on our property. Mr. Benson stated I will drive up there after the meeting. Ms. Dillon stated they are right here. Mr. Ziko asked can we get a status report with regards to the paving on Newport Drive and when it is going to be complete? Mr. Benson responded I can discuss it during my report. FIFTH ORDER OF BUSINESS Attorney's Report Mr. Cox stated with regards to the entrance monument easement, we got consensus we are going to get the easement from Southern Gulf Coast. I spoke to Mr. Wanklin again this week, and would like us to relocate the signs to our existing easements, but he told me he would take another look at them and call me at the beginning of the week with a final answer. Ms. Dillon asked does he suggest we move the masonry walls? Mr. Cox responded yes. Mr. Ziko stated only one of them is on his property. We have one on the center island. We will have to take the one off of the west side. Perhaps we can remove it completely and make the one in the center island look better. 11 December 8, 2006 Port of the Islands C.I.D. Ms. Dillon stated we will have to go through the entire sign permitting process. Mr. Benson stated I recall the sign on the left side of Cays Drive is partially outside of our easement and partially inside of our existing right -of -way. Mr. Cox stated the part of the wall which parallels U.S. 41 is probably 10' outside of the easement, and the one on Cays Drive is within the easement. Mr. Lambert asked do we have the right to stay there since it has been there for such a long time? Mr. Cox responded there is no definitive answer. I looked at a few cases, and whenever you try to claim an easement, you have to show you were not aware you were outside of the area to which you had a right. You must show you were aware of this and you purposely occupied the property with the intent of having the right to adverse devotion. In situations in which you abide by the state, you do not have this adversity and the courts do not see this as an infringement of your rights. Mr. Lambert stated there must have been a drawing showing the location of the lot when they put this up. Therefore, they must have known where they were putting it. Mr. Cox stated it is difficult to prove the intent of something which was done almost 20 years ago, especially when the person has passed away. The county needs to look at it and ensure there are no problems. If there is a problem they should let me know at the beginning of the week and I will make further calls on how we should proceed. You will probably hear back from me during the middle of next week. Ms. Dillon stated you were going to get us copies of your correspondence with Orchid Cove. Mr. Cox stated I will make a note right now and get it to you. Ms. Dillon stated last month we discussed the swales again. According to the minutes, perhaps you needed to look at one particular swale. Mr. Cox stated the grounds and areas where our swales and easement rights encroach do not match according to the layout of the original platted property, and sometimes the swales are outside of those easement areas, in which we really do not have a right of enforcement. They are required to deal with not allowing their discharge to go off of their property, but they must keep the swale system intact even though it is not dedicated within our easement. With regards to 12 December 8, 2006 16 1 1 A. Port of the Islands C.I.D. rights of enforcement and whether or not anything can be done about them, I do not know where we stand. Ms. Dillon stated I am concerned going forward as more building takes place and the swales start to fill in. Mr. Cox stated it has been 30 years since these were dedicated to the CID for maintenance. You established a service which does not involve doing anything, and if you want to get into a position where you are maintaining the area in order to ensure they have the appropriate floats, you are going to have to set aside some funds. This is going to be costly since the entire swale system will have to be surveyed in order to determine whether or not they are in the right areas. This is a time consuming process for the surveyors, and becomes expensive for us. Ms. Dillon stated I recall the prior Board decided we were not going to get involved in the maintenance of the swales. However, I am worried about drainage over time. Did we have a potential problem in Eveningstar Cay? Mr. Cox responded Mr. Benson can answer this question. Mr. Gatti stated since we still have Mr. Cox with us perhaps Mr. Mack can brief us since we need a letter. Mr. Lambert asked are we going to do this in Executive Session? Mr. Mack responded we had a meeting with the fire chief, the EMS chief and the emergency service chief on Monday with regards to the fire station. Basically, they are putting their budgets together for 2008 and 2009 in order to project their costs. They requested a letter from the Board basically covering the statutory requirements and easements of the fire station as soon as possible. Perhaps a workshop can be held. Mr. Gatti stated Mr. Bigelow, who is in charge of real estate for the county suggested we send a letter to the County Manager which initiates action at the county level in order to get us identified within the county. Did you get a chance to fax the letter? Mr. Mack responded yes. Mr. Gatti asked did you receive my notes? Mr. Cox responded yes. Mr. Gatti stated perhaps you can draft a letter in this context. We want to avoid the involved parties at this time. Of course, we must show the appraisal, which Mr. Mack will have 13 December 8, 2006 y Port of the Islands C.I.D. available for you. From the Board's standpoint as well as the county, we are interested in resolving this. Do you have a problem with this? Ms. Dillon responded I do not want to wait an additional month. Do we need a resolution or anything else to authorize Mr. Cox and Mr. Mack to proceed? Mr. Cox responded your policy and direction in telling me is fine. Mr. Bissell asked will you e -mail a copy of the letter to the Board? Mr. Cox responded I will do so. SIXTH ORDER OF BUSINESS Engineer's Report Mr. Benson stated with regards to pavement of Newport Drive, last month the CID made an agreement with the developer for some of the work which is going to be done on this property at the hotel for the median cut on Newport Drive. There were a couple of items remaining to be done in preparation for laying down the pavement. The landscape contractor had to move some irrigation lines and control valves. A surveyor had to come out for the developer to locate where the median cut was proposed, and there is a small amount of irrigation which needs to be relocated for the median cut, all of which have been taken care of, and we expect the paving to be done within the next two weeks. Mr. Lambert asked was the physical work done? Mr. Benson responded I believe there is a small amount of irrigation work to be done at the location of the median cut, but we are getting it all done at once in order for it to look good instead of having to come back later. Ms. Dillon asked what is the cost? Mr. Benson responded the cost for the additional work for the median cut is being paid for by the developer. He will reimburse us for the same amount the contractor adds to our contract for this work. This work has taken a few more weeks, but we are getting it done now, so it will not have to be added later. There was an item which has been going on for a few years with the DEP on a permit, and I am happy to tell you we now have our permit. They forwarded a copy of the letter from the DEP to the CID, and I only brought the first page of the 32 -page permit, in which you can see basically the work was added allowing us to upgrade the wastewater plant as well as the canal pump station in order to be able to combine those systems once all of the work is finished. The 14 December 8, 2006 �P Port of the Islands C.I.D. permit actually came through during the last minutes of waiting for a public notice deadline to run its course. Mr. Ziko asked are the filters which are coming from Parkson on the way? Mr. Benson responded the work being done to the treatment units is almost done. The equipment is fabricated and waiting to be installed through Parkson and their contractor, Encore Construction. They had to get the county building permits, and although I do not have a start date, it is going to be fairly soon. Mr. Bissell stated I see this was directed to Mr. Gatti and I imagine it will be to me in the future, but does Mr. Gatti get a copy of this? Mr. Benson responded Mr. Gatti is on there because when we applied for the permit he was Chairman, and I received a copy electronically as the engineer of record yesterday. Ms. Dillon stated it should really be addressed to the water plant. Mr. Benson stated it was addressed to the water plant, which is where it must go. Mr. Bissell stated this is not a problem, but when information comes from the DEP or any other entity, I plan on forwarding a copy to the other Board members. Does this then come to both the Chairman and the engineer or just to the engineer? Mr. Benson responded it will be delivered by U.S. Mail to the water plant and I assume staff will follow their normal procedures for copying the appropriate people. I do not believe this one even arrived via U.S. Mail, but since my office was aware of today's Board meeting, they contacted DEP yesterday and asked them the status of the permit. They were told it was going out in the mail and my staff asked for a copy to be sent electronically to me. Ms. Dillon stated the signature date is November 61h Mr. Benson stated DEP signed it, and the date is on the last page of the letter. Mr. Lambert stated it is dated November 6` ". Mr. Ziko stated much of this correspondence is going to the Union Road Water Plant. Perhaps we can get an inbox labeled with the CID so anything coming in for the CID can be placed there, and we can look periodically in order to ensure all of the correspondence gets to the appropriate staff. Mr. Benson stated these documents must be on file at the plant, as required by the permit. Mr. Lambert asked is everything which is sent to the plant filed appropriately? Mr. Dick responded that is correct. 15 December 8, 2006 Port of the Islands C.I.D. Mr. Lambert asked who will maintain this inbox? Mr. Dick responded any permit modifications and correspondence will go to our files and anything which is in the inbox will be a copy. We will have the originals on file. Mr. Benson stated Mr. Dick distributed the Equipment Condition and Inventory Report at the last meeting, as required by their contract. Prior to the Severn Trent contract taking effect, Mr. Dick and I incorporated inventory into the engineer's report as directed by the Board. My engineer's report over the years always showed condition items and recommendations of issues needing to be addressed. Most of the items in Mr. Dick's report are mentioned in my report. Therefore, I prepared a memorandum which basically states I agree with Severn Trent's report as being a fair assessment of the condition of the facilities. There were some questions asked of me last month on many of these items. Someone asked if any of these items were on our CIP Plan or if they were items which we already planned to take care of. Unfortunately, these items were not part of the CIP. Many are considered maintenance and repair items which were deferred over a number of years and did not receive the appropriate attention. As a result, we have a longer list of items than other years, and you need to ensure you are within the current budget as established in your contract with Severn Trent to work against. Although I have not put a clear cost estimate together, I believe it is going to cost more than what is usually there for a typical year. I recommend putting together a budget for the cost of these items, which I believe Mr. Dick is already working on. Since there are such a large number of items there should be a priority recommended by Severn Trent as to which ones should be done first and perhaps develop a schedule, which I will be happy to assist in reviewing. The chart recorders were previously identified for repair by DEP in their inspection of our facilities. After their inspection minor repairs were done in order to get it working. Therefore, I am not surprised it is not working. Since the fire and irrigation pumps which Mr. Dick discussed earlier are part of our fire protection system, the repair is a higher priority. I want to address the stockpiling of sludge at the water and wastewater plant. Basically, the water plant sludge is an inert material, which is not harmful. Since it has been stockpiled for a number of years, Severn Trent has inherited responsibility for it. The other issue is the wastewater treatment plant sludge. The tanks were full of sludge and these are two catch -up items. This is listed as an inventory item, and there are two ways of looking at this under their contract. First of all, when they leave at some point in the future, they may leave it the way they 16 December 8, 2006 Port of the Islands C.I.D. took it over as the contract probably states, but I do not believe any of us want this to happen. This item is going to take some money and I recommend getting this taken care of, at which time it may be updated to reflect the condition after it has been caught up. Mr. Ziko asked can we get someone to haul the lime sludge? Ms. Dillon asked when was this last done? Mr. Dick responded we are getting caught up with the wastewater sludge through the terms of the contract, but we do not have anything to apply for the cost of the lime sludge, which is significant. Mr. Ziko asked can we sell it? Mr. Dick responded we will be lucky to get someone to take it. Mr. Ziko asked is it suitable to use as fill? Mr. Benson responded it is not considered suitable for fill, but you may get someone to take it for a minimal cost because they may be able to blend it in with something. Ms. Dillon stated tell them they can have it for free if they take it away. Mr. Dick stated we will pursue this. Mr. Benson stated I believe we should get these issues caught up and amend the inventory with the date on which everything was caught up. Mr. Ziko asked has anything been done about the vehicles? Mr. Dick responded Ms. Swade in the District Office was going to ask Mr. Cox how to handle this. Did you talk to Ms. Swade with regards to disposal of the three vehicles? Mr. Cox responded no. Mr. Lambert asked do we still have the three vehicles? Mr. Dick responded we still have them, and there is an issue of procedure with regards to advertising of a bid form. Ms. Dillon stated I thought we approved this. Mr. Dick stated please call Ms. Swade. Mr. Bissell stated this was approved to be done last month. Mr. Benson stated the old fuel tanks which were stored at the wastewater plant were also approved for surplus last month. We had at least one proposal prior to last month's meeting, and we have since received other quotes which were forwarded to Mr. Dick from my office. As a result of my discussions with Mr. Goscicki, once we have the proper amount of quotes, we can 17 December 8, 2006 Port of the Islands JD. go with the lowest price. The value of the scrap metal pays for a substantial portion of the cost to remove it but we still have to pay someone to haul it away. However, we will pay the person who gives us the lowest price to haul the material away. Mr. Dick and I will ensure this gets taken care of. We came to an understanding of what to include in the electrical service upgrades to the water and wastewater treatment plant. At the Board's direction, we took the generator out of the project and we are only going to do the electrical service upgrades. I gave this to the electrical engineer doing work for the Board and the plans should be ready for bidding in a matter of days. The electrical service upgrades do not cover the items in Mr. Dick's report, which apply to equipment inside the water plant. We identified this a few years ago when we first brought up this project. The electrical service upgrades were for all the lines outside. However, the equipment inside the building was functioning, but it was old and needed to be replaced one item at a time or it could be done all at once. I believe Severn Trent can do all the types of work which are identified in Mr. Dick's report or they can bring in normal subcontractors they work with, but if there is a group of items needing to be done at once, it could be made into a project. For example, Severn Trent may wish to suggest all the electrical upgrades inside the building may go together, and if it is more than what they would normally do, you may have an electrician doing a larger project add it on. If it just involves taking an existing panel which is deteriorated and old, their electricians will normally handle it. Mr. Lambert stated in reading Mr. Dick's report on the condition of the equipment, I got the impression the motor control center should not be where there are too many chemicals. Since we are getting ready to do some upgrades on electrical service, perhaps we need to lay out the plan area over there. We know we will have to build a new water plant in the future, which may affect the plan for the layout of this electrical work. Mr. Benson stated this is a good point because basically the electrical power coming into one point approximately where the existing transformer is located for the wastewater plant is not far off of Union Road, but between the water and wastewater plants in a central location. When we do the new system, we are going to upgrade to this point and we are going to feed the water plant in order for both plants to be served by the same generator. They are currently served by the same generator, but it was not designed to code. I told the electrical engineer to design the project in a way to make it easy for us to serve the existing water plant building when we add a 18 December 8, 2006 Port of the Islands C.I.D. new water plant. We have the design laid out in such a way there may be a section of conduit for the new wiring to go to a future water plant which will be put in the ground with this project in order for us to be able to serve the new plant while the existing one is operational. The size of the service which is coming on and what is split off to the water plant will be larger than the loads at the water plant. It is my understanding and Mr. Dick should correct me if I am wrong, those chemicals probably should never be stored in the room with the electrical gear and there is another location where they should be stored. Mr. Lambert stated it appears this probably expedited the deterioration process. Mr. Dick stated I agree with you. Mr. Lambert stated in order to have another source for potable water for the future, we must ensure the CID has enough property. Mr. Benson stated there is a plan for the future reclaimed water and irrigation tanks which show where the next water tank will go. However, we do not have a new water plant laid out yet, but we have enough property assuming the old water plant is torn down. One of my recommendations a couple of years ago when we first brought up the idea was to do the preliminary engineering necessary to build a new water plant. At some point there is more work to be done which will allow you to plan for the cost of this project. However, we have not been authorized to proceed. Mr. Lambert stated in the future we may want to get to the point where the operator has to work in one building and not have equipment in both places. Mr. Ziko stated Mr. Benson mentioned the generator was eliminated. I thought we deferred it. Mr. Benson stated you are correct. Mr. Ziko asked will it be part of this master plan? Mr. Benson responded the generator is already designed, but we asked the engineer to take it off and modify the plan in order to allow the new generator to be phased in. We do not want to connect it to the existing generator. Mr. Ziko asked will this all be underground? Mr. Benson responded yes. Mr. Ziko asked will the transformer be dropped over to the property line and installed underground from there? 19 December 8, 2006 6 1, z Port of the Islands C.I.D. Mr. Benson responded it currently drops off the line to the pole on the southeast corner of the wastewater plant site. It will go underground and around the wastewater plant site to a transformer which will feed the equipment at the wastewater plant. We are going to replace the transformer in order to make everything serve both plants and the future demands. We are going to continue underground to feed the water plant, and the above ground transformer will go away. Mr. Lambert asked will we have all underground transformers? Mr. Benson responded that is correct. We are getting all of the equipment upgraded for protection against wind damage potential, and we are getting it sized for future loads. Mr. Ziko stated you mentioned the recorders which had bandaged repairs. Will it behoove us to upgrade some of these to more modern technology since they are approximately 20 years old? Mr. Benson responded they are close to 15 years old. The recorders can be replaced with a computerized system, in which the information can be downloaded to a file in order to ensure there is always a written copy of the information. The purpose of those recorders is to provide DEP information on these circular charts. However, the modernization cost is significant and DEP only requires the repair. Perhaps Mr. Dick has some ideas. Mr. Bissell stated when they moved the fire hydrant they found the feed pipe in a different place than they thought it was going to be. Is this what the extra money was for? Mr. Benson responded the water line was in the right location, but it was not fully understood how the fire hydrants were attached. I believe the old fire hydrants were on the potable water system and got switched over. They thought the line was set a certain way and it was only so long. However, it was set differently because it was done 20 years ago. Mr. Bissell asked how often are the fire hydrants tested? Mr. Dick responded the fire department handles this, but the physical schedule is done annually. Mr. Bissell stated in the past we handled this as opposed to the fire department. We have some old ones, but there is one on Cays Drive in which the stem rusted through. Is there a maintenance schedule on these? Mr. Dick responded I will coordinate with the fire department. However, a gentleman from the fire department told us at a previous Board meeting he will maintain the fire hydrants. If he does not, we will since they must be maintained and exercised. 20 December 8, 2006 1 A Port of the Islands C.I.D. Mr. Bissell stated a record should be kept indicating these hydrants are checked. Mr. Benson stated some hydrants were replaced with new ones. Although the parts may not be of much use, I believe the old ones were salvaged for this purpose. Mr. Dick stated we will salvage what we can. SEVENTH ORDER OF BUSINESS Discussion of Open Items Reuse Water for Irrigation Mr. Benson stated we received all permits, including those from SFWMD and DEP. We are working with SFWMD for a use agreement for additional property adjacent to our existing irrigation pump station to locate the new filter equipment which is now a higher priority since we have everything else we need. Mr. Bissell asked do you think this will be accomplished by next month? Mr. Benson responded I hope so, but they may have to go to the Governing Board of the SFWMD in order to authorize them to sign off on documents, which may not be accomplished by next month. However, I am not certain whether or not this is required. Mr. Bissell asked will you report back to the Board? Mr. Benson responded I will make this a high priority since we have some of the other issues accomplished. Mr. Ziko asked do you have an estimate of when we are actually going to be able to use this water? Mr. Benson responded you asked me about this last month and I believe I told you it will be six months, which has not changed. Ms. Dillon asked what is your opinion with regards to the federal funding which did not ever go through for Everglades restoration? Mr. Benson responded I am not certain how it may affect this entire project. Ms. Dillon stated we were heavily involved with the issue with regards to the FAKHA Union Canal. Mr. Lambert stated the state is pushing through much of this even though no federal funds were approved. Mr. Benson stated I believe this major project which has been talked about will take place, it is just a matter of timing. Entrance Monuments 21 December 8, 2006 1 6 I I A .�- Port of the Islands C.I.D. This issue was discussed during the Attorney's Report. Discrepancy Between Gallons of Water Pumped and Gallons Billed Mr. Dick stated on the second to last page of my report there is a running chart showing water produced versus water sold. The most current data we have is for October. Since we just read the water meters, we do not have November water sold yet, but there was 35.8% unaccounted for water in October. I did not average these, but it appears we are in the 30% range. Since we were in the 50% range, this is a small improvement, but certainly not where we want to be. We believe the RV park accounts for 10% or 15% of this, which is in smaller increments than reported last month or the previous month. We are looking at 20 gallons per minute which is not quite a needle in the haystack, but close. We found a poly tube on one of the vacant lots which was leaking a half gallon per minute. There may be 15 or 20 of these leaking. As we find them, we are starting to lower this number, but there are no major leaks out there which I can find and repair. As we become more active in the system, I want to go on all of the docks, not just at the marina, and see if someone tied in an umnetered potable water line. This takes time, but I believe we are decreasing this number, and we hope to reduce it to the single digits. Mr. Lambert asked do you believe reducing the numbers to single digits is possible? Mr. Dick responded absolutely. The percentage is a large number, but the volume is small. AWWA standards are anything less than 10 %, but this is more difficult because the water consumption is small on an annual, monthly or daily basis. Mr. Gatti stated to give the Board a sense of this, there are few standards which go below 10 %. Mr. Dick stated this is our goal. Bond Payoff Procedure Mr. Ziko stated we had a number of lost checks in which Severn Trent deposited them in the wrong accounts and were not properly administrated. We want to know what the procedure is if someone wants to pay off their bonds and ensure the check is not deposited into the wrong account. Ms. Dillon stated some people paid off their bond, but there was no record of it. Mr. Teague stated I thought the Board wanted to eliminate and pre -pay the bonds, but this is record - keeping for individual bond payments. Mr. Ziko stated Mr. Goscicki will be able to update you on this. 22 December 8, 2006 A Port of the Islands C.I.D. Proposed Fire Station Mr. Ziko stated since Mr. Cox is handling this issue, this item will remain open. FIFTH ORDER OF BUSINESS Attorney's Report (Continued) Ms. Dillon asked what is the status of the hotel sign in front? Mr. Cox responded Robbie from the hotel asked the Board for permission to put the sign up, which is coming from my memory. I asked corporate Severn Trent to send me the minutes from the year which I think this took place as well as a couple of other issues we have been looking into. I have not received those minutes yet, but when I gent ,them I will see if I can actually find this. Robbie asked for permission to put up the :hvtetIsign, but this is something different and I need to find those minutes in order to determine exactly what was said. Mr. Bissell asked approximately what year did this take place? Mr. Cox responded since I believe this was right after I moved up here, I asked for the entire year of 2004. EIGHTH ORDER OF BUSINESS Discussion of Brick Paver Driveways in Port of the Islands Right -of -Ways Mr. Bissell asked does anyone know the details? Mr. Gatti responded a gentleman requested discussion of this issue, but he is not here. Perhaps Mr. Cramer can discuss it. Mr. Cramer stated I went through this one year ago. A neighbor who lives on Cays Drive needs to replace his driveway and wants to have pavers installed out to the sidewalk. I told him he needs to go through the process and he asked me to accompany him to speak to Mr. Gatti about the procedure. He was advised to write a letter to the Board identifying the property and requesting this. I assume he wrote the letter, and he is asking to put a new driveway in from his garage to the curb through the existing concrete sidewalk. This is the same procedure I went through last year in February. Ms. Dillon asked is he aware you assume responsibility for the sidewalk? Mr. Cramer responded he is aware of this. Mr. Gatti stated I have his letter in my office. Mr. Ziko stated I do not believe we can act on this until we see the letter. If it is in the minutes, we should at least be able to read the letter in order for us to understand what he is requesting. 23 a December 8, 2006 Port of the Islands Mr. Lambert stated I agree. I believe the entire Board needs to see the letter. What is the timeframe to do the work? Mr. Cramer responded 1 understand he entered into a contractual agreement with Material Pavers Marco to do the work, but I am not aware of the timeframe. Mr. Gatti stated our policy is to approve these subject to the person agreeing to assume responsibility for the sidewalk. Mr. Ziko stated we never had a policy. You authorized Mr. Cramer to go through with this without consulting the Board, and we had a liability issue as to who is responsible if a paver lifts and someone gets injured. We never established a policy of paving over a sidewalk which is why I want to see the letter. Mr. Bissell stated I will pick up the letter from you, make copies for the Board and we can discuss it at the next Board meeting. Ms. Dillon stated I am also concerned about this gentleman and his timing. If he does not need it within one month there is no problem, but if he does, perhaps the Board can approve this. Do you know the address? Mr. Cramer responded I do not know. Ms. Dillon asked are you referring to the house with the swing inside the garage? Mr. Cramer responded I believe so. Mr. Ziko stated perhaps you can get the letter and e -mail it to the Board. I am willing to sign off on a letter and e -mail it back. Ms. Dillon asked did we ever send you a formal letter? Mr. Cramer responded Mr. Cox sent me a letter. Mr. Cox stated I do not recall. Mr. Bissell stated you sent a letter to Mr. Cramer giving permission to install pavers on his property. Mr. Gatti stated it also outlined his responsibility and liability. Mr. Bissell stated I believe you should have a copy of the letter in your records. Mr. Lambert stated it should have been recorded at the courthouse. Mr. Cox asked how long ago did this take place? Mr. Bissell responded this was approximately one year ago. Was there a use agreement? Mr. Cox responded I believe so. 24 December 8, 2006 1_�9 6 A Port of the Islands C.I.D. Mr. Cramer stated there was a use agreement as well as an addendum recorded on my Mr. Cox stated we recorded it in the public records. Mr. Gatti stated if there is a legitimate concern we can put this off, but we can give him approval subject to the conditions of the attorney's letter. Mr. Ziko stated this is up to the Board. However, since the gentleman did not show up and we do not have the letter, we do not have anything to act on. I may have felt differently if he were here or if we were able to read the letter. Ms. Dillon stated perhaps we can get the letter as you suggested and if we are in agreement, we can send it to Mr. Cox. Mr. Bissell stated I will have to fax the letter to Mr. Cox. Ms. Dillon stated Mr. Cox will have to handle it the same way we did with Mr. Cramer in terms of an addendum to his deed. Mr. Lambert asked is there any reason not to allow him to do this? Ms. Dillon responded he must be willing to assume the liability and put it on the deed. Mr. Ziko stated we have not yet written a letter. Mr. Bissell asked do you have any suggestions other than getting the letter from Mr. Gatti and giving the Board a copy? Mr. Cox responded perhaps can we reassess this issue next month. Ms. Dillon stated the problem is timing. He has a contractor ready to do the work. If we make him wait an additional month he may lose the contractor, which I do not want to happen if this is just a procedural issue. Mr. Cox stated I can tell him he has to sign the same letter as Mr. Cramer and send it back to me if he is interested in doing this. Mr. Gatti stated his letter simply requests permission to do this. Mr. Cox stated he is not actually going into the road area. Mr. Gatti stated he is going through the sidewalk. Mr. Cox asked is he going to remove the sidewalk? Ms. Dillon responded he is going to remove the sidewalk, which is a liability issue. Certain portions of Mr. Cox' statement was inaudible. 25 V December 8, 2006 Port of the Lds e.I.>". Mr. Cox stated we need a diagram showing what he wants to do as well as a letter in which we are giving consent to install a brick paver driveway. He accepts the consent with full knowledge of our rights and does not diminish our rights. It must be utilized, constructed and maintained. We can remove it at any time we determine in order to construct, alter, repair, replace or remove facilities within the right -of -way. We are not liable for any damages to him if we do this. He indemnifies us from any claims and this is in full force until it is terminated by the District unilaterally at any time. Mr. Gatti moved to approve the request by a resident to have a brick paver driveway installed through the Port of the Islands' Right -of -Way subject to the resident signing a Use Agreement prepared by the District Attorney in accordance with a similar Use Agreement by another resident and Mr. Lambert seconded the motion. Mr. Lambert asked is he going to provide us with a sketch to go with the documents? Mr. Cox responded that is correct. Mr. Ziko stated for clarification, he is going to have this done before we give him permission so he does not lose his contract. Mr. Cox stated I will send a letter to him which states once he signs it I will record it. Mr. Bissell asked do you want me to fax his letter to you? Mr. Cox responded yes. On VOICE vote with all in favor the previous motion was approved. NINTH ORDER OF BUSINESS Discussion of Draft Developer's Agreement Mr. Teague stated this draft agreement was prepared in anticipation of use for any development such as Orchid Cove, but this gives you a structure to negotiate those new developments. Ms. Dillon stated we made some changes last month which I believe were factored in. Mr. Lambert asked did you read this agreement? 26 December 8, 2006 ale 0.r:' A Port of the Islands C.I.D. Mr. Cox responded I read it two or three times. There will not be too many times when we will be dealing with this. Mr. Lambert stated when I read this over, I got the impression we will accept ownership in all cases, which may be a problem. Mr. Cox stated the only time we are ever going to accept utilities from anyone is if we have the necessary easements in place to maintain those facilities as well as some information from them stating if we tear up any of their hardscape or landscape while we are doing repairs they are responsible for maintaining, replacing or repairing them. Mr. Benson stated they will build to our standards and do initial inspections. Mr. Cox stated there has to be a standard. We accepted some things in the past and there are some areas in which we have not accepted things. Each situation will be different depending on the type of development. For example, the one we are working on with the South Hotel is going to contain basic templates addressing all of these issues, but the verbiage is not going to look anything like this. Mr. Lambert stated this is going to be more of a template which we will use. Mr. Bissell asked do we have to accept their sewer system? Mr. Cox responded no. Ms. Dillon stated we can agree to this today as a template for any future developer, but we are not saying this is our bible right now. Mr. Cox stated that is correct. Mr. Lambert stated this may be used when they send a request for utilities, in which case we edit it for the situation. Mr. Benson stated with regards to some of these issues which are addressed here, in the past we sent a letter back saying we approve it subject to the following conditions. This is a more formalized document. Ms. Dillon stated I want to ensure this is a template we can agree to use in the future for any development, but we are not adopting it as a procedure for the CID. Mr. Gatti stated the developer will receive this document and put together a package in accordance with what is outlined here. Mr. Cox stated the developer will send Mr. Benson the plans for his review for the utility capacity letter. 27 December 8, 2006 Port of thlt��'� 40 iltnds C .D. Mr. Gatti stated if we have a document which is a matter of record and the developer abides by this document, we cannot change it. Mr. Cox stated absolutely. Mr. Gatti stated once you put the document on the record, the affected parties are going to abide by it and you cannot change it later. Mr. Cox stated this is a template as opposed to an absolute document. When we commence negotiations with Mr. Benson, he identifies any issues and we work through them, after which we customize the agreement and bring it back for approval. After approval, it becomes binding. Ms. Dillon stated this document is better than not having any document. Do you agree? Mr. Benson responded I believe it identifies what we expect and we fill in the blanks, delete or add in some paragraphs if it is specific to a project. However, we will abide by this document in general. Mr. Gatti asked are we going to customize this to each individual development? Mr. Benson responded I am not certain there is much customization necessary. The agreement for a developer who understands we are never going to accept their utilities because they are not willing to comply with our expectations to be part of our system and it was going to remain private will have all paragraphs with regards to acceptance of utilities crossed through prior to execution. Mr. Ziko stated on Page 2 there is 72 hours' advance notice for pre - construction and construction, which I do not believe is a long enough period of time and then it says 24 hours prior to start of construction. This means the developer is giving us 24 hours' notice to start development, which I do not want in this draft. There is a 180 -day abandonment or termination in the third paragraph. I do not want to see a project take 180 days. I would like to see it done in 90 days. If they are not going to work on it they should not have asked for this agreement. There are many sections of this agreement which should be changed. Ms. Dillon stated Mr. Cox was just trying to tell us this is a template which you work through, but I agree with your comments. Mr. Ziko stated with regards to the statement in which the District will be furnished with a satisfactory warranty or bond guarantee, I do not want a warranty from the manufacturer. I want a bond from the developer since it is for one year. These lift station manufacturers can go 28 December 8, 2006 16 11 1 A )'- Port of the Islands C.I.D. out of business, which makes our warranty worthless, but the bond guarantee puts us in control. I think this agreement should be gone over more thoroughly. Mr. Cox asked how much does a lift station cost? Mr. Benson responded the entire lift station costs more than $100,000 to build, but the parts such as pumps and equipment are substantially less. Mr. Cox asked is it nominal? Mr. Benson responded all of the equipment costs more than $10,000. Mr. Ziko stated this is a standard document which is not tailored to POI. We are trying to get this agreement to fit this particular District. Mr. Gatti stated once we have a document which fits us, we cannot change it for every development. There is not an entity in the world which does not have a set of rules, and you cannot change them for every development. Ms. Dillon stated we should go back to the reason we feel this was something we wanted to do. We had nothing in writing which dealt with the problems we encountered at Orchid Cove, which is where this started. Mr. Ziko stated this boilerplate document gives the developer an advantage over us. Mr. Lambert stated this document is not going to be handed to the developer. They are going to request use of our facilities and Mr. Benson will send a letter back along with the edited agreement reflecting the situation we are dealing with, along with the ability to approve their project up to a certain number of ERCs, which will not necessarily have to be the same for every developer. We are not giving the boilerplate to them first and letting them edit it to their standards. Mr. Cox stated absolutely not. For example, in the situation with the South Hotel Mr. Benson came up with items he recognized as potential issues when they first approached us for the utility portion. We are currently working through the permit, and once this portion has been settled we will bring it back to the Board for approval. This must do done on a case by case basis due to the unique nature of your property. You have the RV park as well as the remaining areas which are basically going into redevelopment. Therefore, you need to be more flexible and not have a fixed and firm document but one which allows for customization each time it comes forward. 29 December 8, 2006 Port of the Islands C.I.D. Mr. Bissell stated we are currently working with Orchid Cove. When they decide to turn the facilities over to us, we should not be required to accept responsibility for the sewer system. We give them the property where it meets our pipes to accept their sewage. From that point we do not need to accept their development. Mr. Benson stated the CID accepted dedication of the street, water line and sewer line for Phase I of Stella Maris Drive. The CID has never to my knowledge been requested or has accepted any other phases of Stella Maris. The reason it was different is because their water and sewer lines are generally underneath parking areas and driveways since it is a condominium. Since we accepted it in one area and were never asked to accept it in another area, there may be similar cases in the future. Orchid Cove may be similar to the first phase of Stella Maris since it is a street which is easily identified with the water lines on the side of the street. We had an understanding with them to approve their utilities, and we said we may accept it. Mr. Cox will have to advise us since it is a legal issue, but I am not certain whether or not we have to accept anything. However, there is a precedent for certain types of development which are similar to what Collier County would consider for acceptance. We used the same approach, but I do not believe there is a policy. Mr. Bissell stated on Page 2 under Item (a), Approval of Plans by District, time should replace tome. Mr. Ziko stated in the same sentence conform should replace confirm. Ms. Dillon stated on Page 1 in the fifth paragraph, ERCs should replace EDUs. Mr. Teague stated perhaps you should mark this up and send the changes. Mr. Ziko stated I am not certain we should accept this as a developer's plan. It appears the first paragraph is the developer's agreement between us and the developer and if we hand them this, it will not be a customized document. Ms. Dillon stated this was not our intention. Mr. Ziko stated a developer may ask for a set of guidelines to follow. Mr. Lambert stated you will probably get more out of a Development Standards document as opposed to a Development Agreement. You can put together a development standards document to include copies of the rules and policies which Mr. Goscicki gave us last month. 30 December 8, 2006 Port of the Islands C.I.D. Mr. Benson stated we defer to Collier County development standards because everything other than water and sewer utilities goes through Collier County since they are the reviewing and approving agency. Collier County defers to the utility for the utility review, and a small utility goes through the Collier County process, which is what we have always told the developer. Utilities basically follow Collier County standards. We are not certain whether or not we need our own development standards, but generally we do not review anything other than utilities. As far as the rules for acceptance of utilities, there may be something in your existing rules. Mr. Lambert stated for clarification, this agreement is more of the final step in getting signatures in order to have the agreement in place. It does not apply when a developer comes in. Mr. Cox stated this agreement will be ready for approval in conjunction with the signature of the utility availability letter which Mr. Benson presents, after which everyone will know where we stand on whether or not we are going to accept those utilities or what conditions we will accept them. Mr. Bissell stated I believe we have discussed this issue long enough. Ms. Dillon asked what are we going to do with it? Mr. Bissell responded we should table this issue unless someone wants to discuss it at the next Board meeting or in the future. TENTH ORDER OF BUSINESS Supervisors' Requests Mr. Lambert stated there is a street sign on Cays Drive just north of Stella Maris which was pushed over at the curve in the road and needs to be repaired. Perhaps Mr. Edge can take care of this. I do not believe he needs anything other than a shovel to push it back and stomp it down. Mr. Dick stated we will take care of this. Mr. Lambert asked do we have an emergency phone number in the event we need to contact Mr. Edge or whoever is on call for emergencies which may arise on the weekend or other times when the phone is not manned? Mr. Dick responded we do. I want to put signs on all of the lift station panels and hang a sign at the plant. However, if you call the plant there is a voice message which gives you his cell phone number. Mr. Lambert asked is this the same cell phone number we used to contact Mr. Stephens? Mr. Dick responded yes. 31 December 8, 2006 a Port of the Islands C.I.D. Ms. Dillon stated a resident contacted me with a problem last month and I called the plant and got in touch with Mr. Edge. Mr. Ziko stated the landscapers cut a couple of lines and we discussed the possibility of putting them in boxes underground to prevent it from happening again at the last meeting. Mr. Dick stated I do not recall. Mr. Ziko stated at the end of Venus Cay the lines are sticking up, but not high enough, and the landscaper was not really looking and cut them again. I believe we should put the lines underground, and peruse the entire area down there to see if there were any other ones like this. Mr. Dick stated we will take care of this. Ms. Dillon stated I am not certain whether or not this is an issue. There are approximately 20 different variations of these rules, but according to Statute 286.012 of the Sunshine Laws, Board members cannot abstain from voting unless there is a conflict of interest. Does this tie in with what we are operating under? Mr. Cox responded yes. I do not recall any time in the recent past anyone has abstained down there, but when Mr. Burgeson was still on the Board, there were a couple of times in which he had to abstain because of his relationship with Mr. Gilbert. Mr. Bissell stated I abstained approximately two years ago, and I received a letter from Severn Trent in which I had to till out a form with my reason for abstinence. Mr. Cox stated the form becomes part of the record. ELEVENTH ORDER OF BUSINESS Audience Comments Mr. Wintern stated I recently attended a Picayune Strand meeting and I am concerned about saltwater intrusion over here since they are talking about an 80% decrease in flow. I spoke with the Chief Consulting Engineer with Big Cypress Basin and he told me my options were to move the water intake upstream or drill wells beside the canal which I do not want to do. I reminded him Ms. Janet Stein from the SFWMD told its if we had a problem getting enough irrigation water, the SFWMD will have to mitigate the area. He told me we could apply for a grant if it was a hardship, or we had to get our reclaimed water usage going which was already discussed. Also, my CID assessment is lower than last year. Is this the case for everyone? Ms. Dillon responded my assessment was minimally reduced. 32 December 8, 2006 6 A OL Port of the Islands C.I.D. Mr. Mack stated on the rear of the North Hotel, they are removing the road and installing a fire line. Was there a water main in this location? Mr. Dick responded there is a water main extending all the way down to the other end of the hotel along the road going back to the gun club. Mr. Ziko stated this appears to be adjacent to the hotel in the back. Is there a meter? Mr. Dick responded there is no meter on the fire line. Mr. Benson stated there is an existing water line behind the North Hotel. Mr. Dick stated the contractor who is clearing the land plans to cut the water main in half since it extends onto their private property. Mr. Benson stated a portion of it is on the hotel property, but they may be cutting it beyond the hotel property. Mr. Dick stated this is in the general area of the backflow device where the parking lot jogs at this point to the back of the hotel. Mr. Mack asked are there any ERCs involved in this fire system which is being installed? Mr. Benson responded they follow the provision of how we come up with ERCs assuming fire protection is part of the service. Mr. Kiep stated on the west side of Newport Drive there is afire hydrant which has been there for approximately seven years. Last year another one was installed approximately 50' away on the other side of the hedge row. I am not certain why we need to have two fire hydrants close together, but I do need to know whether or not both of them are pressurized and functioning. Mr. Lambert stated I believe hydrant is on private property. Mr. Benson asked are you referring to the area of the condominiums? Mr. Kiep responded I am referring to the condominiums in Sunset Cay, approximately 100 yards before the end. There has always been afire hydrant between our driveway and the hedge row. A new fire hydrant was installed on the other side of the hedge row slightly to the north last year, which used to stick out of the ground. What is the situation with these? Mr. Benson responded the new one is part of the CID's fire and irrigation system, and it is a CID fire hydrant. The one on the other side of the hedge row was installed when the condominiums were built because of a minimum fire requirement by the county which the developer had to do. Therefore, both hydrants should be active. 33 'm (-,,, 1 December 8, 2006 Port of the Islands C.I.D. Mr. Dick stated I will verify this. Mr. Gulledge stated the pavers in Eveningstar Cay were put in approximately four weeks ago, and they looked great. However, they covered the paver island with some sort of additive which is like sand. It is still there, but it was dragged over the new pavement, which is starting to look white from this additive. Mr. Benson stated I will follow up on this. We already notified the contractor for a few items they need to take care of Mr. Gulledge stated the pavement is starting to get scarred from the road traffic spreading this sand all over and grinding it into the asphalt. Mr. Ziko asked is the contractor going to put the lines on the road on Cays Drive? Mr. Benson responded he is going to do all of the painting at once. Mr. Dreyer stated with regards to the fire station, 1 understand a letter is being sent to the county. Since we are pursuing the fire station in this community, does this allow the county the opportunity to plan the budget for this in the year it is likely to come on? Mr. Mack responded that is correct. Mr. Dreyer stated the pursuit of the fire station still remains the responsibility of the community and the CID and since I moved here we have been talking about this issue. Perhaps you can give us a status on this. I believe this community currently has a protection class of nine or 10. For those who are not aware, the lower numbers are better and 10 is bad What will the existence of afire department, which I assume will be manned 24 hours per day do for the fire protection class? Mr. Mack responded it will be at five. Mr. Dreyer stated I would appreciate your update on where we stand. Mr. Mack stated Mr. Cox is still negotiating with owners of the lot on Cays Drive, which we are still looking at. We have not heard from the RV park as far as what they are going to do there. There is nothing else to report at this time. Mr. Dreyer stated I understand the proprietary nature of this project and I appreciate your feedback. I calculated this conservatively, and I believe the premium for not having afire station is going to cost between $10, 000 and S20, 000 per year for each building in Sunset Cay. There are 13 buildings along with commercial and residential property. The amount of money 34 December 8, 2006 Port of lhslah"ds 1D. which is being paid for insurance can easily be paid for a fire station. It is a large number which is beginning to affect many people. Mr. Mack stated I am not certain what your premium will be. However, insurance has been a problem for many of you. Mr. Dreyer stated I believe the issue is availability because the insurance companies are using their Protection Class 10 as a reason not to write any insurance policies to businesses here, and they are charging the citizens a tremendously high premium. However, they are more likely to write the property for a Class 5, and they can deal with large capital. TWELFTH ORDER OF BUSINESS Approval of October 31, 2006 Financial Statements and Check Register Mr. Lambert asked on Page 3 of the check register under the posting date of October 16tH does Check #51311 to Severn Trent with the description, Progress Billing have something to do with the audit? Mr. Teague responded there will be a new audit which is billed in increments. Mr. Lambert asked why are we paying Severn Trent for this instead of paying the auditor? Mr. Teague responded I believe Severn Trent is paying the auditor. Mr. Lambert asked is this the same audit Mr. Goscicki was handling? Mr. Teague responded that is correct. It is the 2004 Audit. Mr. Lambert stated you should also check on the fact that we are still paying Mr. Stephens' health insurance. Mr. Bissell asked what is the purpose of these water meter refunds to different individuals? Mr. Dick responded I believe it is a deposit refund. Mr. Bissell asked why would there be a refund? Did they sell their property? Mr. Dick responded they give a deposit when service is initiated. I believe this is a refund when they sell the property. However, I will check it. In some cases, it may be an overpayment. Mr. Ziko stated Check #51328 is paid to Port of the Islands and this seems to be recurring. This description only has an account number. Why are we paying ourselves this amount of money? 35 December 8, 2006 Port of the Islands C.I.D. Ms. Dillon stated we have checked this before and I believe it may be our water bill. There are two charges for OLM for this month. One is Landscape Inspection 10110106 and the other one is Monthly Landscape Inspection. They are both in the amount of $550. Mr. Teague stated they are for two different months. Ms. Dillon stated it does not state this. Mr. Teague stated this is the way it gets to the account. Mr. Ziko asked can you get us a schedule since OLM does not come on a monthly basis? Mr. Teague responded I believe they come six times per year. Mr. Ziko stated I do not think I want to see one next month. Mr. Lambert stated I believe they wanted to do a couple of inspections close together to ensure everyone was off on the right foot. One was in September and the other one was in October. Ms. Dillon stated you cannot determine this by looking at the check register. Two different checks were sent to the Naples Daily News for a notice of meeting. One is Check #51306 for $229.10 for the September 26`" meeting and the other one is Check 951330 for an October 6`h notice of meeting. We only had one meeting. Mr. Lambert asked is this when they are split for accounting? Ms. Dillon responded each of those two checks are split. I just wondered why there were two checks. Mr. Bissell stated we paid another CID in the past for some of these. On MOTION by Mr. Lambert seconded by Mr. Gatti with all in favor the October 31, 2006 Financial Statements and Check Register were aDDroved. THIRTEENTH ORDER OF BUSINESS Adjournment There being no further business, k On MOTION by Ms. Dillon seconded by Mr. Ziko with all in avor Le meeting was adjourned at 12:40 p.m. Ted Bisre Chairman 36 Port of the Islands Community Improvement District Agenda Friday December 8, 2006 10:00 a.m. 1. Roll Call M Egret Room 25000 Tamiami Trail Naples, Florida 2. Organizational Matters A. Oath of Office for Newly Elected Supervisor — Supervisor Elected by General Election (Ted Bissell) B. Election of Officers — Resolution 2007 -3 3. Approval of the Minutes of the November 10, 2006 Meeting 4. Manager's Report — Field Manager's Report 5. Attorney's Report 6. Engineer's Report 7. Discussion of Open Items 8. Discussion of Brick Paver Driveways in Port of the Islands Right -of -Ways 9. Discussion of the Draft Developer's Agreement 10. Supervisors' Requests 11. Audience Comments 12. Approval of October 31, 2006 Financial Statements and Check Register 13. Adjournment • Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News ---------------------------------------------------------------------------- PORT OF THE ISLANDS 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 010948 Port O"t, CO "Ict 59319424 PORT OF THE ISLANDSC The i0"a, r- visors ?hh State of Florida Of. e County of Collier Islands Before the undersigned authority, personally pjs c? will 010' the u meet- � ',e,' appeared B Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples n� - a 66. 10. 'M., on Fri- e b'er 4, 2006 t E c Room,35oo0 Daily News, a daily newspaper published at Naples, in Collier County, Florida: a I Naples, "e. eeting Is that the attached copy of advertising was published in said newspaper on dates listed. P, It e Ic and o-'rbe n d In or 'do or VISIO' -0 F Affiant further says that the said Naples Daily News is a newspaper published for a . nity.. b, ..0 - On , tDistricts. .% . ore at Naples, in said Collier County, Florida, and that the said newspaper has heretofore 6" Occa- ns w �01 e or. ore been continuously thee t I published in said Collier County, Florida, each day and has been entered as ove locitlon there wijI,.be�ft.q§ , gnt, Wspeak- et feleo ' - One second class mail matter at the post office in Naples, in said Collier tq' that -Any Ihte`rdstdd Pee can , County, Florida, for a period of 1 year next preceding the first _tt*, gn publication of the n attached copy of advertisement; and affiant further y, e It er, In person or says that she has neither paid nor promised any Phone communi- catl n., person, firm or corporation any discount, rebate, commission An(.-Ferson requiring spe P i a-ccommoda- or refund for the purpose of securing this advertisement for tions at this lsi meet; becausO:-of a. ois 1pey publication in the said newspaper. 0 r ph sicall Impairment or the Dis- PUBLISHED ON: 12/01 12/01 Ict office at 0$41 153- 841 A at : the rt5eetin . i Person Who-de- cides to aPP64l.any de- cision made 6y the PoarWWith respect to any rilatter cpnsldjered at -the rhoeting Is Advis-. AD SPACE: 66.000 INCH ed. that erson witijieed a recohT.6f the FILED ON: 12/01/06 04cedd- Ings and that according- - ----------- ----------------- ly, the Person nl4y'need ------- 77 ------------------------------------- ' t9 ensure that a �erba- tim. record Of ffiO P50� Signature of Affiant /J cb'ddihg'sis'm4do� in' - cludIng the testimony Sworn to and Subscribed before me this i1 day of and evidence u on which . . I such appeal Is to be based. Personally known by me Edward Goscicki District Man er -Dec, I No 1473344 Chanel A McDonald W COMMISSION # DD210203 EXPIRES June BONDED June 29, 2007 THQU TROY FAIN INSURANCE INC: OATH OF OFFICE STATE OF FLORIDA COUNTY OF ee I, DO SOLEMNLY SWEAR (OR AFFIRM) that I will support, protect and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State, and that I will well and faithfully perform the duties of on which I am now about to enter, so help me God. D0<3-n8. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING OATH AND THAT THE FACTS STATED IN IT ARE TRUE. Signature ACCEPTANCE SECRETARY OF STATE 500 South Bronough Street, Room 316 TALLAHASSEE, FLORIDA 32399 -0250 I accept the office of 1-2-- 6?,- O �- Date Signed The above is the oath of office taken by me. In addition to the above office I also hold the office of My mailing address is: ❑ home ❑ office (2) (3) Street or Post Office Box Sign as you desire commission issued City, State, Zip Code Print or type name as signed above Person taking oath sign on line (1) above. Sign acceptance on tine numbered (3) after giving address on line (2). DS -DE 56 (rev.2/04) OATH OF OFFICE STATE OF FLORIDA COUNTY OF I; er 1, DO SOLEMNLY SWEAR (OR AFFIRM) that I will support, protect and defend the Constitution and Government of the United States and of the State of Florida; that 1 am duly qualified to hold office under the Constitution of the State, and that I will well and faithfully perform the duties of f� mPwn E)T a rot t ( ( p oT ��- �fh�PrV�Scsr� +�P lorf 6£ e I yl r� Y aii� �n'Y3 c! on which I am now about to enter, so help me God. C ti P n str, e UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING OATH AND THAT THE FACTS STATED IN IT ARE TRUE. a Signature ACCEPTANCE SECRETARY OF STATE 500 South Bronough Street, Room 316 TALLAHASSEE, FLORIDA 32399 -0250 I accept the office of Date Signed The above is the oath of office taken by me. In addition to the above office I also hold the office of My mailing address is: PS home ❑ office (2) 2 gy � II, iyl, ' Street or Post Office Box f\ L-01 e-5 . 1= �-.- 31t I I City, 54ate, Zip Code Sign as ou desire commission issued 1�A r?) 'se l l Print or type name as signed above Person taking oath sign on line (1) above. Sign acceptance on line numbered (3) after giving address on line (2). DS -DE 56 (rev.2l04) PORT OF THE ISLANDS '14 61 ]", '1�' A oL Community Improvement District Severn Trent Services, Management Services Division 210 North University Drive, Suite 800 • Coral Springs, Florida 33071 Telephone: (954) 753 -5841 • Fax: (954) 796 -0623 Ref: Date: 12/20/2006 SHIPPING: 0.00 Dep: PORT OF THE ISLA W9t: 1.0 LBS SPECIAL: 0.00 HANDLING: 0.00 DV: 0.00 TOTAL: 0.00 Svcs: PRIORITY OVERNIGHT TRCK: 9050 5237 9109 December 20, 2006 Ms. Brenda Milton Division of Elections Room 316, R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 -0250 Dear Ms. Milton: Enclosed is the State Oath of Office inadvertently returned to us for Mr. Ted Bissell appointed by General Election to the Board of Supervisors of the Port of the Islands Community Improvement District. Please do not hesitate to contact me if I can be of any further assistance. Sincerely, nice M. Swade District Recording Secretary Enclosure a Page 1 of I Swade, Janice From: Swade, Janice Sent: Wednesday, December 20, 2006 12:22 PM To: Bissell, Ted Subject: OATH OF OFFICE Attachments: Bissell Division of Elections Ltr State oath of office returned.doc Attached is the corrected letter which sent via FedEx to the Division of Elections in Tallahassee. I was able to cancel the letter going to Collier County. Please send a check for $10 to the address on this letter. 12/20/2006 RESOLUTION 2007 -3 A RESOLUTION DESIGNATING OFFICERS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT WHEREAS, the Board of Supervisors of the Port of the Islands Community Improvement District at a regular business meeting held on December 8, 2006 desires to appoint the below recited persons to the offices specified. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT: 1. The following persons were appointed to the offices shown, to wit: Ted Bissell Chairman Dale Lambert Vice Chairman Norine Dillon _ Secretary Janice Moen Larned Treasurer Pamela Rower Assistant Treasurer Richard Ziko _ --Assistant Secretary Richard Gatti Assistant Secretary Edward Goscicki Assistant Secretary Calvin Teague Assistant Secretary PASSED AND ADOPTED THIS, 8TH DAY OF DECEMBER, 2006. Ted, B sse chairman Norine Dillon Secret_ary ,r December 7, 2006 Board of Supervisors Port of the Islands Community Improvement District Subject: October Operations Reports Dear Board Members: In accordance with Article 4, Section 4.13 of the operations contract, enclosed please find the October 2006 monthly operating report for Port of the Islands Community Improvement District facilities operated by Severn Trent Services. Should you have any questions or need additional information, please don't hesitate to call me. rely, t 1� Robert Dick Project Manager Savprn Trpnt Carvicac . 579R rmmnrntinn rirrla Fnrt AAvnrc FI 239(lfi . Tal 9 tQliQd_331 fl .Far 9RQ- RQd_531;7 l POA-� 0/ ;-Q ovo- -f October 2006 Operations Report Water Treatment Plant Operations and Maintenance The Water Treatment Plant produced and distributed 1.466 MG for the last month, with peak daily flow of. 100 MG. Daily Flow totals are recorded later in this report for your review. 10/2/06 Replaced sight tube on Hydro - pneumatic Tank. 10/3106 Replaced Elapsed time meters on High Service pump #2, and Well # 1. 10117/06 Dug out lime sludge bed. 10/25/06 Found Air compressor that supplies air to the Hydro -tank not working at all. After troubleshooting, found bad fuse and replaced. 10/19/06 McCabe & Associates performed infrared inspections on our electrical panels; they found no immediate problems. Wastewater Plant Operations and Maintenance The WWTP treated approximately 1.497 MG for the last month, with peak daily flows of .093 MGD. The daily flow totals are recorded later in this report for your review. (2) Loads of sludge were hauled by J.C. Drainfield in the month of October. 10/10106 Pulled and cleaned Chlorine Injector. 10/19/06 McCabe & Associates performed infrared inspections on our electrical panels @ the Plant as well as the Lift stations in the community; they found a problem with the Lift Station @ Stella Marris. (the problem was repaired in November by our Special Services Department). Permit Compliance: Water Treatment Plant: All monthly water bacteriological sampling events were completed on time and were in compliance. All regulatory agency requirements of the water distribution system were maintained with a chlorine residual greater than the regulatory requirement of 0.2 parts per million (ppm) and a constant system pressure of over the regulatory requirement of 20 psi throughout the water distribution system. Severn Trent Services • 5726 Corporation Circle, Fort Myers, FL 33905 • Tel 239 -694 -3310 Fax 239- 694 -5357 • www.severntrentservices, corn October 2006 Operations Report Wastewater Treatment Plant The total nitrogen samples that were collected this month were out of compliance. Though we are wasting and hauling large quantities of sludge from plant, we are still unable to bring the total nitrogen to its compliance parameter, which is 4 mg /l. The most probable cause is due to the fact that the Recirculation System is not working. However, we are making as many adjustments as possible to naturally bring down the nitrogen levels until the reparation of the Recirculation System is complete. (The recirculation system repair was approved during the November board meeting, and should be completed by the middle of December.) Abnormal Event No abnormal events occurred during month of October. Distribution System 10/26/06 Installed new potable water meter at 159 Windward Cay. (new service connection. Severn Trent Services • 5726 Corporation Circle, Fort P,lyers, FL 33905 • Tel 239 -694 -3310 Fax 239 -694 -5357 • 4rvvwseverntrertservices . com �� i►�oI't`� o� �IEA. � C�Q�oCs October 2006 Operations Report Daily Water/Wastewater Flows September Water Flow MGD Wastewater Flow MGD 1 0.029 0.059 2 0.033 0.06 3 0.083 0.059 4 0.034 0.07 5 0.073 0.029 6 0.041 0.027 7 0.069 0.026 8 0.056 0.024 9 0.074 0.021 10 0.066 0.023 11 0.139 0.028 12 0.101 0.029 13 0.029 0.026 14 0.066 0.028 15 0.06 0.022 16 0.076 0.023 17 0 0.024 18 0.056 0.025 19 0.064 0.026 20 0.081 0.026 21 0.06 0.03 22 0.041 0.026 23 0.073 0.026 24 0 0.019 25 0.106 0.026 26 0.082 0.018 27 0.035 0.03 28 0.055 0.034 29 0.03 0.019 30 0 0.026 31 0.068 0.025 Maximum 0.139 0.070 Total 1.780 0.934 Average 0.057 0.030 Severn Trent Services - 5726 Corporation Circle, Fort Myers, FL 33905 • Tel 239- 694 -3310 Fax 239 -694 -5357 • www.severntrentservices.corr, i 0.16 0.14 0.12 0.1 m D m ream 0.02 L .��, �] m Po-*L-� 0/ tit. . 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W � H _ s cx a. v v `rn O aw.r 16 I 1 10 r Yme ti" DAILY SAMPLE RESULTS - PART B Permit Number: FL0141704 MONITORING PERIOD From Oct 7'0: 1 FACILI'T'Y NAME: Port of the Islands CID 31/2006 CBOD 5 (MG /L) Fecal Coliform, Nitrogen, pH Colifonn Fecal, % less Phosphorus TRC For ( TSS Turbidity Oxygen, Bacteria than detection Total (SU) (mg/l) Disinfect.) (MG /L) (NTU) Tt Dissolved (For Di (W100ML) (mg/L) (mg /L) R -001 (DO) (m< D-001 D -001 R -001 D -001 D -001 D -001 R -001 (mg /L) R -001 0-001 D-0 D -001 D -001 Code 80082 74055 51005 00600 00400 00665 50060 00530 Mon. Site EFA -01 EFA -01 EFA -01 EFA -01 EFA -01 EFA -01 EFA 00070 00300 SOd 1 -01 EFB -01 EFB -01 EFD-01 EFD- 2 7.3 7.3 _ 1.0 7.1 < 0.0( 3 7.3 7.8 2.5 6.7 < 0.0( 4 2.0 U 7.2 1.0 U 3.5 7.3 5.6 2.4 8.0 < 0.0c 5 0.18 2.6 2.5 2.4 8 < 6. 0.00 6 7.2 2.4 6.9 < 0.00 7 7.3 5.5 1.9 6.8 < 0.00 8 7.0 6.1 0.7 7.0 < 0, g 6.9 5.0 1.3 7.8 < 0.00' 10 6.9 6.9 1.4 6.6 < 0.00', 11 6.8 7.6 1.6 6.5 < 0.001 12 7.0 6.4 1.1 6.0 < 0.001 13 7.1 7.3 1.6 6.3 < 0.001 14 7.0 7.2 3.2 7.0 < 0.001 15 7.0 6.6 2.7 7.0 < 0.001 i 6 7 0 7.7 2.8 7.0 < 0.001 17 7 2 4.6 1.8 6.4 < 0.001 18 7.2 4.7 0.8 5.9 < 0.001 19 2.0 U 1.0 7.2 U 3.3 7.3 4.5 1.3 7.1 < 0.001 20 . 0-17 6.0 1.4 1.0 6.4 < 0.001 21 6.2 2.0 7.0 < 0.001 22 7.2 6.7 1.8 6.0 < 0.001 23 7.2 3.9 2.2 6.2 < 0.001 24 7 2 4.8 2.4 6.8 < 0.001 25 7 2 3.4 2.1 7.1 < 0.001 26 7.2 4.2 2.1 6.5 < 0.001 27 7 2 5.2 0.7 8.0 < 0.001 28 10.5 0.8 7.0 < 0.001 29 7 .2 6.7 0.8 8.0 < 0.001 30 7.1 31 67 6.9 Total 4.0 2.0 100% 6.8 220.9 0.35 4.1 183.30 0.4 6.1 < 0.001 Mo. Avg. 2.0 U 1.0 U 3.9 50.6 212.8 0.001 PLANT STAFFING Day Shift Operator Evening Shift Operator Class: A Certificate No -: 2129 Name: Night Shift Operator Class: Class: Certificate No.: Lane Stone Name: Lead O Operator Certificate No -: Class: C Name: Certificate No.: 8778 Name: Robert Fr1na 10 DAILY SAMPLE RESULTS - PART B °� J Permit Number: FLO141704 FACILITY NAME: Port of the Islands CID MONITORING PERIOD From: r)rf 1 r- 1, (MGD) Code 5005 Mon. Site FLW -( 1 FLW -02 0.059 2 0.060 3 0.059 4 0.070 5 0.029 6 0.027 7 0.026 8 0.024 9 0.021 10 0.023 11 0.028 12 0.029 13 0.026 14 0.028 15 0.022 16 0.023 17 0.024 18 0.025 19 0.026 20 0.026 21 0.030 22 0.026 23 0.026 24 0.019 25 0.026 26 0.018 27 0.030 28 0.034 29 0.019 30 0.026 31 T 0.025 Lt3U05 Percent Capacity (MG /L) (TMADF /Permitted Capacity) x 100 80082 INF -01 208 otal 0.934 286 Mo. Av . 0.030 143.0 PLANT STAFFING FLW -02 Day Shift Operator Class: Evening Shift Operator Class: Night Shift Operator Class: Lead Operator Class: W-1 (MGD) I (MGD) I (MGD) I (MGD) 00180 00530 50050 50050 50050 50050 INF -01 INF -01 FLW -02 FLW -02A FLW -03 FLW -04 0.0 0.0 0.059 0.0 0.0 0.060 0.0 0.0 0.059 160.2 0.0 0.0 0.070 0.0 0.0 0.029 0.0 0.0 0.027 0.0 0.0 0.026 0.0 0.0 0.024 0.0 0.0 0.021 0.0 0.0 0.023 0.0 0.0 0.028 0.0 0.0 0.029 0.0 0.0 0.026 0.0 0.0 0.028 0.0 0.0 0.022 0.0 0.0 0.023 0.0 0.0 0.024 0.0 0.0 0.025 376.0 0.0 0.0 0.026 0.0 0.0 0.026 0.0 0.0 0.030 0.0 0.0 0.026 0.0 0.0 0.026 0.0 0.0 0.019 0.0 0.0 0.026 0.0 0.0 0.018 0.0 0.0 0.030 0.0 0.0 0.034 0.0 0.0 0.019 0.0 0.0 0.026 0.0 0.0 0.025 17.33% 536 0.0 0.0 0.934 268.1 0.0 0.0 1 0.030 A Certificate No.: 2129 Name: Larry Stone Certificate No.: _ Name: Certificate No.: Name: C Certificate No.: 8778 Name: Robert Edge t 11 Water lisp C:mmparicinn Rannrt I ) -.Q na Month Raw Meter Raw Flow Fin Meter Fin Flow Difference Water Sold Water Loss % Water Loss Jan Feb March April May June Jul August September October November 245864 249287 252370 255095 257554 259259 260855 262940 264422 265870 267650 3,423,000 3,083,000 2,725,000 2,459,000 1,705,000 1,596,000 2,085,000 1,482,000 1,448,000 1,780,000 1 1,945,000 240220 243562 246862 249578 252103 253860 255383 257279 258776 260216 261858 3,342,000 3,300,000 2,716,000 1,525,000 1,757,000 11523,000 196 ,8,000 i 1,497,000 1,440,000 1,642,000 1,921,000 81,000 217,000 9,000 66,000 52,000 73,000 189,000 15,000 8,000 138,000 24,000 2,447,360 1,708,940 1,449,175 1,449,175 1,998,830 1,887,610 682,760 984,730 850,588 1054520 894,640 1,591,060 1,266,825 1,075,825 241,830) (364,610 ) 1,213,240 512,270 589,412 587480 26.8% 48.2% 46.6% 42.6% -13.8% -23,9% 64.0% 34.2% 40.9% 35.8% December 269595 263779 Severn Trent Environmental Services Port of the Islands Repair and Maintenace Budget Applied against budget account, copies of invoices available upon request Cap $30,000.00 first year Inv. Date Vendor Description Invoice# Invoice $ Month 08/15/06 SEVERN TRENT WATER METERS 27 c@ $35 8/15/2006 945.00 August 07/06/06 WORK ORDER #58031 LIFT STATION 310 NORFOIR DR 200.00 August 06/29/06 WORK ORDER #58032 LIFT STATION AT WWTP 50.00 August 7/28/2006 WORK ORDER #67666 SPRAY FOR MOSIQITOS 769.73 August 08114/06 WORK ORDER #67697 REPAIR TO WELL 391.11 August 08/22/06 WORK ORDER #67716 REPAIR TO RECIRCULATION SYSTEM 1,375.33 August 3,731.17 August Total 3, 731.17 Grand Total 08/28/06 GENERAL LABOR STAFF LABORORS 1,001.00 September 09/04/06 GENERAL LABOR STAFF LABORORS 367.00 September 9/11/2006 GENERAL LABOR STAFF LABORORS 364.00 September 1, 732.00 Sept. Total 5,463.17 Grand Total 8/9/2006 USA BLUEBOOK SENSAPHONE EXPRESS 215223 1,375.48 October 9/18/2006 GENERAL LABOR STAFF LABORORS 7045 416.00 October 925/2006 GENERAL LABOR STAFF LABORORS 7090 416.00 October 102/2006 GENERAL LABOR STAFF LABORORS 7149 208.00 October 9/15/2006 AMJ EQUIPMENT CORP DUAL PROCESS MONITOR 2006 -5471 4,195.06 October 8/9/2006 WORK ORDER #67682 REPAIR PUMP BREAKER 451.21 October 8212006 WORK ORDER #67717 REPAIR LIFT STATION AT KEYS 100.00 October 9/12006 WORK ORDER #67801 REMOVE PART OF BLOCKAGE 1,800.00 October 9/152006 WORK ORDER #67900 REPAIR LEAK AT 203 EVENING STAR 741.74 October 9, 703.49 Oct. Total 15,166.66 Grand Total 10/23/2006 MC CABE & ASSOCIATES THERMOGRAPHIC INSPECTION 700.00 November 10/30/2006 PARKSON CORPORATION MANUAL FOR FILTERS 94.50 November 9/8/2006 WORK ORDER #67867 FIXED 2" SERVICE LINE 400.00 November 11/1/2006 WORK ORDER #69139 LOCATE WATER, SEWER AND IRRIGATION 600.00 November 11/9/2006 WORK ORDER #69154 CALLED OUT FOR LEAK 100.00 November 11/112006 WORK ORDER #69112 ALARM AT US AT STELLA MARRIS 1,262.50 November 3,157.00 November total 18,323.66 Grand Total POI RR NOVEMBER 2006.x1s 3520 IN]" MEMORANDUM HOLE MONTES ENGINEERS - PLANNERS • SURVEYORS Board of Supervisors, Port of the Islands Community Improvement To: District From: Ronald E. Benson, Jr., Ph.D., P.E. Date: December 7, 2006 Subject: Review of Severn Trent Services report dated November 9, 2006 I have reviewed the Equipment Condition and Inventory Reports submitted by Severn Trent Services dated November 9, 2006. In my opinion, their report represents a fair assessment of the condition of these facilities effective the date they assumed operational and maintenance. Generally the items that they note as not functioning and /or needing repair or replacement are items that have been identified in previous Annual Engineering Reports. In particular, sections which provide a summary of conditions and recommendations along with sections that address status of work done to correct items from previous year's recommendations contain these same items. Generally these items are considered as maintenance and repair items and if addressed one by one when they first came up would not burden the operations and maintenance staff, although when taken as a group will likely take outside resources in order to address in a timely manner. In addition, as this list represents items that have been deferred for a few years (as is apparent from a number of these items having been identified for more than one year as needing attention) the cost for these items will likely be in excess of the annual budget for routine repairs and maintenance. It appears that the items on this list are such that a company with the resources of Severn Trent Services is likely to be able to address these with minimal assistance from District Engineering staff — generally replacement of an existing component with essentially an identical replacement part or piece of equipment. It is suggested that Severn Trent provide a recommendation of priorities for each item, identify a schedule for completing each item, along with a budget cost for each item. The current CIP project for Electrical Service Upgrades for both the water treatment plant and wastewater treatment plant will assure that the power supply to the water treatment plant equipment is up to code, although replacement of electrical equipment and control panels was not a part of the CIP project. The replacement of electrical equipment and control panels at the Water Treatment Plant could be identified as an addition to the Electrical Service Upgrades project or could be performed by an electrician through Severn Trent Services. The chemical feed systems were designed (and they were originally installed and operational) to operate in automatic flow- and/or residual pacing. The previous operator preferred to operate these systems in a manual mode, therefore the Engineer did not push for repair of these systems as they would not have been used anyway. It is recommended that these systems be returned to their original "as designed" functionality. The chart recorders for the wastewater treatment plant were previously identified as needing repair (by both the Engineer and FDEP inspectors) and minimal repairs were made at that time. It is not surprising that more major repairs are needed at this time and should be made as soon as possible. Past problems with controls for the fire and irrigation pump station were observed and noted, along with recommendation for repair and or replacement of pumps. A CIP project includes modifications to this pump station, although the design for these modifications assumes that all existing pumps and controls function properly and does not include upgrades or replacement of pumps and controls. As this system provides fire protection for the community it is recommended that these pumps and controls be repaired as soon as possible. Please note the significance of stockpiled sludge at both the water and wastewater treatment plants (identified in my Engineering Report and in the inventory report from Severn Trent). The cost for hauling and disposal of this sludge should be considered as a one time additional cost to catch up on this as it is not recommended that this simply be an inventory item to be left at the end of the contract in the same condition as it existed upon "take over ". I would be happy to address any specific items contained in this report either at a Board meeting or one on one with any Supervisor. U a5 O a> O C N �' 0 O Q L U o U ui L = c _ 0) 4-. C O y - Zf N -0 ° O Q' O L co C # co O c U '� � M C - > o Cn Z _ (� Lvl C rn O = C �' p a) J a) O X O` c9 o Cl- -c T E ° a E C O O w� C -0 U °' 0 U E oL o o 3 Z pX w a�i �0 3 �~ ��� - 0a CD L�o°o o- c � aim o>� O O CL cc co UA >O EZZ a0i06 o `� �' > Yo o N �F- `° cfl o ° co o > o ai _ O o Q O '? aoi E •O O 0 U co w c9 O O CY O N > m a. � :. 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WHEREAS, Developer owns or controls lands located in Collier County, Florida, and described in Exhibit "A ", attached hereto and thereby made a part hereof as if fully set out in this paragraph (hereinafter, the "Property "), and Developer has or is about to develop the Property by erecting thereon, improvements which will require water and sewer service; and WHEREAS, Developer wishes to promote the construction of central water and sewer facilities so occupants of each residence or commercial improvement constructed on the Property will receive adequate water and sewer services; and WHEREAS, District is willing to provide, in accordance with the provisions and stipulations hereinafter set out, central water and sewer facilities, and to have extended such facilities by way of water mains, and to thereafter operate such facilities by way of water and sewer mains, and to thereafter operate such facilities so that the occupants of each residence or commercial improvement constructed on the Property will receive an adequate water supply and sewer collection service from utility; and Whereas, Developer understands that this contract for service in no way entitles Developer to densities which are greater than those allowed under the density provisions of the Comprehensive Plan of Collier County or to densities or development rights that exceed the EDUs allocated to the subject Property or as may otherwise be limited by the District. NOW, THEREFORE, for an in consideration of these premises, the mutual undertakings and agreements herein contained and assumed, Developer and District hereby covenant and agree as follows: The following definitions and references are given for the purpose of interpreting the terms as used in this Agreement and apply unless the context indicates a different meaning: (a) "Service" — District water and sewer service to each lot. Thus, the maintenance by District of adequate pressure at Point of Delivery shall constitute the rendering of water service and connection of wastewater collection lines shall constitute the rendering of sewer service; (b) "Point of Delivery"— the point where the pipes or meters of District are connected with the pipes of each lot. Unless otherwise indicated, the point of delivery shall be at a point on the lot line; (c) " Contribution -in- Aid -of- Construction" — the sum of money, the donation of property, or of other thing of value including the water distribution system and sewage collection and disposal system constructed by Developer, which Developer covenants and agrees to deliver or pay to District as a contribution -in- aid -of- construction to induce the District to provide water and sewer service to the Property. 2. To induce District to provide the water and sewer treatment facilities to the Property, and to continuously provide consumers located on the Property with water and sewer services, Developer hereby covenants and agrees to construct and to transfer ownership and control to District of the C:IDocuments and SettingslSwadeJlLocal Settings\Temporary Internet Files10LK1\Developers Agreement Draft 11_20_06.doc on -site and off -site water distribution and sewage collection systems referred to herein as a contribution -in- aid -of- construction. (a) Approval of Plans by District — Developer shall cause to be prepared engineering plans and specifications, prepared by and sealed by professional engineer registered in the State of Florida showing the on -site and off -site water distribution and sewage collection systems proposed to be installed to provide service to consumers within the subject Property. District will advise Developer's engineer of any sizing requirements as mandated by District main extension policy. Such detailed plans may be limited to a phase of the Property, and subsequent phases may be furnished from time to tome, however, each such phase shall confirm to a master plan for the development of the Property and such master plan shall be submitted to District concurrent with or prior to submission of plans for the first phase. All such plans and specifications submitted to District's engineer shall be subject to the approval of District and no construction shall commence until District has approved such plans and specifications in writing. (b) Pre- Construction and Construction — Developer will arrange to hold a Pre - Construction meeting with the District's Engineer, or his authorized representative, together with Developer or Developer's engineer or contractor. Notification of said meeting shall be made in writing and received by all parties seventy -two (72) hours in advance, and said meeting will be held at least twenty -four (24) hours prior to start of any /all phases of construction. Developer shall, at his expense, retain the services of the same registered professional engineer who prepared plans and specifications for the water service and wastewater collection system for the purposes of providing necessary inspections and supervision of the construction work to insure that construction is, at all times, in compliance with accepted sanitary engineering practices and the approved plans and specifications. A copy of each field report shall be submitted to the District as each such inspection is made. Should there subsequently be cause or reason for Developer to engage the services of another registered engineer then Developer must notify the District within five (5) days of such engagement. The work to be performed by Developer, pursuant to the provisions set forth herein, shall be in accordance with all requirements of the regulatory agencies having jurisdiction of the subject matter of this agreement. After approval, Developer shall cause to be constructed, at Developer's expense, the water distribution and sewage collection system as shown on the plans and specifications. Developer shall be responsible for the complete restoration of any District facilities or properties disturbed as a result of his construction activities. The District will not accept any facilities from the Developer as part of this agreement until the restoration has been completed to the satisfaction of the District. (c) Post - Construction — When the water service and wastewater collection systems have been satisfactorily installed, inspected, tested, and approved in writing by the Developer's engineer, together with District's Engineer, or his authorized representative, District will thereafter maintain the water service system and wastewater collection system up to and within granted easements upon Developer's property without cost to Developer; provided, the obligation of the District to maintain the water service system and wastewater collection system will not take effect until such time as Developer furnishes the As -Built drawings described below. CADocuments and Seftings\SwadeJ\Local Settings\Temporary Intemet Files10LK11Developers Agreement Draft 11_20_06.doc 2 Developer, shall, at his expense, and at no cost to the District, furnish District one complete set of reproducible As -Built drawings of the completed works or installations on transparent film base or on such other transparent material or electronic media as approved by District plus three (3) sets of As -Built prints made from the original As -Built drawing. As -Built drawing shall contain all appropriate information as to easements, the correct location of all mains, services, grades, invert elevations, heights related to known datum, and all appurtenances belonging to the completed works or installation. Under no circumstances shall the District provide water and wastewater service to an area encompassed under a Developer's agreement when, in fact, that area has not been completed, tested, certified, approved and accepted by District and As -Built drawings provided. (d) Abandonment or Termination — If for any reason caused by Developer or his agents, the proposed development is abandoned, terminated or caused to be cancelled short of full completion, it is mutually agreed by the parties that this agreement is voidable by District. In the event District exercises its right to void this agreement, notice shall be sent to Developer at the address set forth in Section VII. It is mutually agreed by the parties hereto that the monies paid to the District shall serve as liquidated damages and no refund shall accrue to the Developer. Failure to continue or proceed with construction in a meaningful manner for a consecutive period of one - hundred- eighty (180) days shall be deemed to bean abandonment or termination. Meaningful, as used herein is defined as proceeding with construction in a normal manner customary and common in the trade. 3. In order to induce District to provide and maintain adequate and sufficient central water and wastewater facilities, Developer hereby agrees to pay to District, in accordance with the terms and conditions set forth below the sums of money set forth herein. (a) Meter Fees — District has advised Developer that Developer will be obligated to pay District Meter fees for each consumer's connection to the system to defray capital facilities costs. This fee is paid at the time the Developer requests service initiation (meter installation) to the lot. The charge per connection shall be in accordance with the Rules of the Port of the Islands CID Water and Wastewater Regulations rate schedule in effect at the time of execution of this Agreement and shall include service availability fees, meter set charges, and other fees as appropriate. 4. By these presents, Developer hereby transfers to District, title to all water distribution and sewage collection systems installed by Developer's contractor, pursuant to the provisions of this Agreement. Such conveyance is to take effect without further action upon the acceptance by District of said installation. As further evidence of said transfer to title, upon completion of the installation and prior to the rendering of service by District, Developer shall, without cost to the District: (a) Convey at no cost to District, its successors or assigns by good and sufficient EASEMENT DEED, or Dedication in Right -of -Way, in a form satisfactory to District a perpetual right, easement and privilege to operate, maintain and repair or replace all water and wastewater mains, pipes, connections, pumps and meters within granted easements upon Developer's property in connection with supplying water and wastewater service to the inhabitants, occupants and customers in Developer's property and secure from each mortgagee and lienor a release of C:1Documents and Settings\SwadeJlLocal Settings\Temporary Internet Files10LK1\Developers Agreement Draft 11_20_06.doc 16 1 Az mortgagees' and lienors' intent in the easement and fixtures thereon for so long as the easement is used for the operation, maintenance, repair or replacement of water and wastewater mains pipes, connections, pumps and meters within the easements. (b) Transfer at no cost to District by BILL OF SALE ABSOLUTE all Developer's right, title and interest in and to all of the water and wastewater supply lines, mains, connections, pipes, valves, meters and equipment installed up to and within granted easements and right -of -way within the lands described in EXHIBIT "A" attached hereto and made a part hereof for the purpose of supplying water service and wastewater collection for the inhabitants, occupants and customers in Developer's property. Said BILL OF SALE ABSOLUTE shall be written in such a form as approved and accepted by District. (c) Furnish District with an AFFIDAVIT that all persons, firms or corporations who furnished labor or materials used directly or indirectly in the prosecution of the work required to be performed by this Agreement have been paid. Said AFFIDAVIT shall be written in such a form as approved and accepted by District. (d) Furnish District with a RELEASE OF LIEN from all contractors and suppliers of materials and /or labor who might have acquired interest into the installations by the supplying of materials and /or labor otherwise. (e) Furnish District with FINAL RELEASE OF LIEN releasing all liens which Developer might have on the works /installations. Said FINAL RELEASE OF LIEN shall be written in such a form as approved and accepted by District. (f) Furnish District with all Manufacturer' warranties which Developer might have received or is due to receive on any part of the installations. (g) Pay to the District any and all applicable charges which shall be due and payable prior to connection to District's wastewater system. (h) Furnish District with a satisfactory warranty or bond guaranteeing each lift station installed pursuant to this Agreement against defect in materials, equipment or construction for a period of not less than one (1) year from date of acceptance of same by District. Said warranty shall be in such a form as approved and accepted by District. (a) Developer hereby grants and gives to District the exclusive right and privilege to construct, own, maintain, operate and expand the water and sewer facilities in, under, upon, over and across the present and future streets, roads, easements, reserved utility sites and public places as provided and dedicated to public use in the record plats, or as provided for in agreement, dedications or grants made otherwise and independent of said record plats. District covenants that it will use due diligence in ascertaining all easement locations; however, should District install any of its facilities outside a dedicated easement area Developer covenants and agrees the District will not be required to move or relocate any facilities lying outside a dedicated easement area so long as the facilities do not interfere with the then or proposed use of the area in which the facilities have been installed. (b) Developer hereby further agrees that the foregoing grants include the necessary rights of ingress and egress to any part of the Property which District requests for the maintenance, operation or expansion of the water and sewer facilities; that in the event District is required or desires to install any of its water and sewer facilities in lands within the Property lying outside the C: \Documents and Settings \SwadeJ \Local Settings \Temporary Intemet Files10LK1 Developers Agreement Draft 11_20_06.doc 4 streets and easement areas described above, then Developer shall grant to District, without cost or expense to District, the necessary easement or easements for such installation; provided, all such installations by District shall be made in such a manner as not to interfere with the then primary use of such property. (c) District hereby agrees that all easement grants will be utilized in accordance with the established and generally accepted practices of the water and sewer industry with respect to the installation of all its water and sewer facilities in any of the easement areas; and that Developer in granting any easements herein, or pursuant to the terms of this instrument, shall have the rights to grant exclusive or non - exclusive rights, privileges, and easements to other entities to provide to the Property and District services other than water and sewer service. (d) Developer, as further consideration of this Agreement, and in order to effectuate the foregoing grants to District, hereby places the following covenant, as a covenant running with the land, upon the Property and thereby subjecting it to a reservation, condition, limitation or restriction in favor of utility, as follows: District, or its successors, has the sole and exclusive right to provide all water and sewer facilities and services to the Property described in Exhibit "A" and to any property to which water and sewer service is actually rendered by District. All occupants of any residence or commercial improvement erected or located on the Property, and all subsequent or future owners or purchasers of the Property, or any portion thereof, shall exclusively receive their water and sewer service from the aforesaid District and shall pay for the same and shall abide by the terms and intent of this Agreement, for so long as the aforesaid District provides such services to the Property; and, all occupants of any residence or commercial improvement erected or located on the Property, and all subsequent or future owners or purchasers of the property, or any portion thereof, agree, by occupying any premises on the Property or by recording any deed of conveyance with respect to the Property, that they will not construct or otherwise make available or use water and sewer service from any source other than that provided by District. Further, in order to give an additional and supplementary notice to all the future owners of any of the Property of the rights of District to provide the Property with water and sewer facilities and services, the Developer hereby covenants and agrees to have the above restrictive covenant included in the general subdivision restrictions and to place the same record in the Public Records of Collier County, Florida. Upon the continued accomplishment of all the prerequisites contained in this Agreement to be performed by the Developer, District covenants and agrees that it will allow the connection of the water distribution and sewage collection facilities installed by Developer to the central water and sewer facilities of District in accordance with the terms and intent of this Agreement. Such connection shall be in accordance with rules and regulations of the Department of Health and Rehabilitative Services. District agrees that once it provides water and sewer service to the Property and Developer, or others have connected consumer installations to system, that thereafter, District will continuously provide, in accordance with the other provisions of this Agreement, including rules and regulations and rate schedules, water and sewer service to the Property in a manner which conforms with all requirements of the Department of Health and Rehabilitative Services and other governmental agencies having jurisdiction over the water supply and sewage collection and disposal operation of District. Notwithstanding any provision in this Agreement, District may establish, revise, modify and enforce rules, regulations and rates covering the provision of water and sewer service to the Property. C:1Documents and Settings\SwadeJ\Local SettingsUemporary Internet Files1OLK1Oevelopers Agreement Draft 11_20_06.doc Such rules, regulations and rates are subject to the approval of the District Board of Supervisors. Such rules and regulations shall at all times be reasonable and subject to regulation as may be provided by law or contract. Rates charged to Developer or consumers located upon the Property shall be identical to rates charged for the same classification of service in the particular service area. All rules, regulations and rates in effect, or placed in effect in accordance with the preceding, shall be binding upon Developer, upon any other entity holding by, through or under Developer; and upon any consumer of the water and sewer service provided to the Property by District. 8. Developer, or any owner of any parcel of the Property, or any occupant of any residence or building located thereon, shall not have the right to and shall not connect any consumer installation to the water and sewer facilities of District until approval for such connection has been granted by the District. The parties hereto further agree that the expense of constructing all consumer installation and all costs of operating and maintaining any consumer installation shall be that of Developer or other than District. This Agreement shall be binding upon and shall inure to the benefit of Developer, District and their respective assigns and successors by merger, consolidation or conveyance. This Agreement shall not be sold, conveyed, assigned or otherwise disposed of by Developer without the written consent of District first having been obtained. District agrees not to unreasonably withhold such consent. 10. Until further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by mail or by courier, and if to Developer shall be mailed or deliver to Developer at: and if to District, shall be mailed or delivered to: Port of the Islands c/o Severn Trent Services 210 North university Drive Coral Springs, FL 33071. 11. The rights, privileges, obligations and covenants of Developer and District shall survive the completion of the work of Developer with respect to completing the water and sewer facilities and services to any phased area and to the Property as a whole. 12. This Agreement shall supersede all previous agreements or representations, either verbal or written, heretofore in effect between Developer and utility, made with respect to the matter herein contained, and when duly executed, constitutes the Agreement between the Developer and District. No additions, alterations or variations of terms of this Agreement shall be valid, nor can provisions of this Agreement be waived by either party, unless such additions, alterations, variations or waiver are expressed in writing and duly signed. This Agreement shall be governed by the laws of the State of Florida and it shall be and become effective immediately upon execution by both parties hereto. In the event the District or Developer is required to enforce this Agreement by court proceedings or otherwise, by instituting suit or otherwise, then the prevailing party shall be entitled to recover all costs incurred, including reasonable attorney's fees. C: \Documents and Settings \SwadeALocal Settings\Temporary Internet Files \OLK11Developers Agreement Draft 11_20_06.doc 16 Port of the Islands Community Improvement District Unaudited Financial Statements as of October 31, 2006 p� Port of the Islands Community Improvement District Combined Balance Sheet October 31, 2006 Liabilities Accounts Payable $10,480 Fund Types $6,817 $17,296 Due to Other Funds $0 $0 $106,136 Totals Assets General Debt Service Enterprise 2007 Cash $10,480 $0 $139,703 $150,182 Operating Account $457,310 $0 $327,348 $784,657 Accounts Receivable $0 $0 $16,846 $16,846 Investments $1,326,574 $253,401 $5,381,515 $6,961,490 State Board $686,774 $0 $880,810 $1,567,584 State Board - Reserve $76,356 $0 $0 $76,356 Revenue Account $0 $243,221 $0 $243,221 Redemption Account $0 $10,178 $0 $10,178 Reserve Account $0 $0 $0 $0 Other Assets $0 $0 $30,399 $30,399 Due from Other Funds $106,135 $1 $0 $106,136 Plant& Equipment (Net) $0 $0 $4,035,632 $4,035,632 Property $0 $0 $90,480 $90,480 Total Assets $1,326,574 $253,401 $5,381,515 $6,961,490 Liabilities Accounts Payable $10,480 $0 $6,817 $17,296 Due to Other Funds $0 $0 $106,136 $106,136 Customer Deposits $0 $0 $26,750 $26,750 Total Liabilities $10,480 $0 $139,703 $150,182 Fund Eauitv. Other Credits Contributed Capital $0 $0 $5,121,134 $5,121,134 Retained Earnings $0 $0 $120,679 $120,679 Fund Balances Designated for Reserve $76,356 $0 $0 $76,356 Unreserved $1,239,739 $0 $0 $1,239,739 Reserved for Debt Service $0 $253,401 $0 $253,401 Total Liabilities, Equity & Other Credits $1,326,574 $253,401 $5,381,515 $6,961,490 s; t^ P A7L ort of the Islands Community Improvement District General Fund Statement of Revenues & Expenditures For The Period Through October 31, 2006 General Fund Prorated Budget Actual Favorable Budget thru 10131106 thru 10/31/06 (Unfavorable) Revenues Special Assessments - Levy $ 409,163 $ 34,097 $ $ (34,097) Miscellaneous Income 3,400 283 (283) Interest 9,500 792 3,466 2,675 Total Revenues $ 422,063 $ 35,172 $ 3,466 $ (31,70C) Expenditures Administrative Expenditures Supervisors Fees $ Engineering Fees Attorney's Fees Annual Audit Management Fees Computer Fees Collection Fees & Early Pmt Disc. Assessment Roll Telephone Postage Printing & Binding Rentals & Leases Insurance Legal Advertising Other Current Charge Office Supplies Dues & Licenses Capital Outlay Total Administrative Expenditures 142,271 11,856 6,459 $ 538 $ 538 $ - 22,000 1,833 - 1,833 12,000 1,000 1,000 7,000 583 - 583 22,400 1,867 1,867 (0) 750 63 63 - 30,687 2,557 - 2,557 8,400 700 700 - 350 29 - 29 4,000 333 58 275 3,000 250 - 250 1,200 100 100 - 20,000 1,667 3,675 (2,008) 2,000 167 86 81 600 50 - 50 750 63 - 63 175 15 175 (160) 500 42 - 42 L Maintenance Expenditures Contracts - 0 &M Services Landscape Maintenance Street Lighting R &M - Roads R &M - Renewal & Replacement Irrigation Capital Reserve Total Maintenance Expenditures Total Expenditures Excess Revenues (Expenditures) Beginning Fund Balance Ending Fund Balance Port of the Islands Community Improvement District General Fund Statement of Revenues & Expenditures For The Period Through October 31, 2006 General Fund Prorated Budget Actual Favorable Budget thru 10131106 thru 10/31106 (Unfavorable) 94,699 7,892 7,892 0 60,000 5,000 5,292 (292) 20,000 1,667 831 835 6,000 500 - 500 10,000 833 833 5,000 417 417 375,843 31,320 - 31,320 571,542 47,629 14,014 33,614 $ 713,813 $ 59,484 21,276 $ 38,209 $ (291,750) (17,809) 1,333,904 $ 1,316,094 Revenues Special Assessments Prepaid Assessments Interest Total Revenues Expenditures Principal Expense Interest Expense Collection Fees & Early Pmt Disc. Other Debt Service Costs Total Expenditures Excess Revenues (Expenditures) Beginning Fund Balance Ending Fund Balance Port of the Islands Community Improvement District Debt Service Fund Statement of Revenues & Expenditures For The Period Through October 31, 2006 Debt Service Prorated Budget Actual Favorable Budget thru 10/31/06 thru 10/31/06 (Unfavorable $ 401,428 $ $ 401,428 $ $ 160,000 $ 64,800 24,086 152,542 $ 401,428 $ 33,452 $ 33,452 $ - $ (33,452) 978 978 0 0 978 $ (32,475) 13,333 $ - $ 13,333 5,400 - 5,400 2,007 - 12,712 - 12,712 - $ 31,445 33,452 $ - $ 978 $ (63 920) 252,423 $ 253,401 r� yi Port of the Islands Community Improvement District Water & Sewer Statement of Revenues & Expenditures For The Period Through October 31, 2006 Water & Sewer Prorated Budget Actual Favorable Budget thru 10131/06 thru 10131/06 (Unfavorable) Revenues Special Assessments - Levy $ 1,053,115 $ 87,760 $ - $ (87,760) Water Revenue 50,000 4,167 1,993 (2,174) Sewer Revenue 67,639 5,637 2,846 (2,790) Irrigation Revenue 66,236 5,520 5,621 101 Meter Fees 6,000 500 250 (250) Interest 5,000 417 4,828 4,412 Total Revenues $ 1,247,990 $ 103,999 $ 15,538 $ (88,461) Administrative Expenditures Supervisors Fees $ 6,459 $ 538 $ 538 $ - Engineering Fees 22,000 1,833 - 1,833 Attorney's Fees 12,500 1,042 1,042 Annual Audit 7,000 583 - 583 Management Fees 22,400 1,867 1,867 (0) Computer Services 750 63 63 - Collection Fees & Early Pmt Disc. 78,984 6,582 6,582 Assessment Roll 7,000 583 583 Telephone 200 17 17 Postage 1,500 125 58 67 Utility Billing 9,500 792 792 (0) Travel & Per Diem 250 21 21 Printing & Binding 1,500 125 - 125 Records Storage 100 8 8 0 Rentals & Leases 1,200 100 100 - Insurance 20,000 1,667 3,675 (2,008) Legal Advertising 1,500 125 86 39 Other Current Charges 600 50 245 (195) Office Supplies 750 63 - 63 Total Administrative $ 194,193 $ 16,183 $ 7,432 $ 8,751 Maintenance Expenditures Contracts - 0 &M Services Telephone Utilities R &M - Renewal & Replacement Capital Reserves Total Maintenance Total Expenditures Net Income (Loss) Beginning Retained Earnings Ending Retained Earnings $ 284,096 $ 23,675 $ 23,675 $ 0 2,500 208 280 (71) 35,000 2,917 3,934 (1,017) 30,000 2,500 - 2,500 250,000 20,833 - 20,833 $ 601,596 $ 50,133 $ Port of the Islands $ Community Improvement District $ 795,789 $ Water & Sewer 35,319 Statement of Revenues & Expenditures 30,996 For The Period Through October 31, 2006 $ Water & Sewer Prorated Budget Actual $ (318,072) Budget thm 10/31/06 thm 10/31/06 Vanance $ 284,096 $ 23,675 $ 23,675 $ 0 2,500 208 280 (71) 35,000 2,917 3,934 (1,017) 30,000 2,500 - 2,500 250,000 20,833 - 20,833 $ 601,596 $ 50,133 $ 27,888 $ 22,245 $ 795,789 $ 66,316 $ 35,319 $ 30,996 $ 452,201 $ (19,781) $ (318,072) 140,460 $ 120,679 A� Port of the Islands Community Improvement District Summary Of Check Register October 2006 General Fund Date Check No. Amount 10/01/06 - 10/31/06 51305 - 51334 $120,147.34 Total $120,147.34 4 Ay _ .... 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Mr C'7 N r OI O J � LO O CL � tD O o p al to 0 N o O rn W W N W Cl) O O i O a z W } Z Z Z O O cr Z F- U Z o Z O W ir cc o 2 W W M > U) J � J a, co ¢ O U Lo _ tt U) CD a 70 pN N N Ci o O O a. a m N M M le N� C.7 M Cv) Cl) Cl) � � LC) C A 119 Ln w O CD CO O O N N M 0 0 CD CD J J CO Lo 0 Cc: LO O CL ch X r) X Ln < Ln F¢- W W cr O i O Z Z O O n Z Z C) Z W o Z O W 12 U) o 2 U M U) w w a, co ¢ Q Lo _ tt U) CD Op N r pN N N Ci O O Ch N N� NQ M C7 U U O O ic ic O M [1' O C O v v Q Y C R m C) J V N w a 0 O �U m a CC N E o c O z �U Q c Q O Z C 7 LL CO O J E Q O C _V 3 O O > E c Q 4l � V � 0 E > 3 C Z r r O N r d' M r- r O N T- K ic T m 0 I- �C C V � = O Ua 0 a Cl Cl 0 a� r ° 0 a' a r o L r mz "Ucl1 Q Q L Y N LLI z (oj 4) Z3 U Z CC LL O 0 Q c F- X C) ;, d Y y = N w °0 C) 0- m a r r O N r d' M r- r O N T- K ic T m 0 I- 1611 p3 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: January 16, 2007 RE: Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Quarry Community Development District Quarry Community Development District has submitted the following item: a. Minutes of meeting held August 14, 2006. Thank you lspeciallspecial Misc. Corres: Date: �- (� a Item #:__J_L L i /V--? 16 1 1, 3 Quarry Community Development District Severn Trent Services, Management Services Division 210 N. University Drive, Suite 800 • Coral Springs, Florida 33071 Telephone: (954) 753 -5841 • Fax: (954) 796 -0623 Date: December 12, 2006 To: Mike McLeod CE1VE" Centex Homes 5801 Pelican Bay Blvd. DEC 1 g 2UU61 Suite 600 Naples, Florida 34108 FWANCE iaEP-r RE: Minutes of the August 14, 2006 Meeting as Approved at the November 15, 2006 Meeting From: District Recording Secretary Enclosed please find for your records a copy of the minutes of the above- referenced meeting of the Board of Supervisors of the Quarry Community Development District, which are to be kept on file for public access during normal business hours. Enclosures cc: For information purposes only: Clerk of the Circuit Court Finance Department c/o James L. Mitchell 2671 Airport Rd. Court Plaza III P.O. Box 413016 Naples, FL 34112 -3016 James Mudd Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg., 2nd Fl. Naples, FL 34112 16 I 1 A MINUTES OF MEETING QUARRY COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Quarry Community Development District was held on Monday, August 14, 2006 at 2:00 p.m. at Centex Homes, 5801 Pelican Bay Boulevard, Suite 600, Naples, Florida. Present and constituting a quorum were: Mike McLeod Tom Wegwert Shazi Azami Also present were: John Daugirda Chairman Vice Chairman Assistant Secretary Manager The following is a summary of the minutes and actions taken at the July 14, 2006 Quarry Board of Supervisors Meeting. FIRST ORDER OF BUSINESS Roll Call Mr. Daugirda called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Organizational Matters A. Acceptance of Resignation of Doug Cohen On MOTION by Mr. McLeod seconded by Mr. Wegwert with all in favor the resignation letter from Mr. Doug Cohen was accepted. B. Consideration of Appointment of Supervisor to Fill Unexpired Term of Office (11/2006) On MOTION by Mr. McLeod seconded by Mr. Wegwert with all in favor Ms. Alison Huber was appointed Supervisor to fill the unexpired term of office. C. Oath of Office of Newly Appointed Supervisor The oath of office will be administered at a later date. D. Election of Officers On MOTION by Mr. McLeod seconded by Mr. Wegwert with all in favor Ms. Allison Huber was designated Assistant Secretary .5 I August 14, 2006 r'l Quarry C . Q rry THIRD ORDER OF BUSINESS Approval of the Minutes of the July 10, 2006 Meeting Mr. Daugirda stated each Board member received a copy of the minutes of the July 10, 2006 meeting and requested any corrections, additions or deletions. There not being any, On MOTION by Mr. McLeod seconded by Mr. Wegwert with all in favor the minutes of the July 10, 2006 meeting were approved. FOURTH ORDER OF BUSINESS Manager's Report — Consideration of Engagement Letter with Berger, Toombs, Elam, Gaines & Frank to Perform the Audit for Fiscal Year End 2006 The Board discussed the engagement letter with Berger, Toombs, Elam, Gaines & Frank to perform the audit for fiscal year end 2006. On MOTION by Mr. McLeod seconded by Mr. Wegwert with all in favor the engagement letter with Berger, Toombs, Elam, Gaines and Frank to perform the audit for fiscal year end 2006 was approved and staff was directed to request a decrease in the audit fees from $5,000 to $3,900. FIFTH ORDER OF BUSINESS Attorney's Report There not being any, the next item followed. SIXTH ORDER OF BUSINESS Engineer's Report There not being any, the next item followed. SEVENTH ORDER OF BUSINESS Supervisor's Requests There not being any, the next item followed. EIGHTH ORDER OF BUSINESS Audience Comments There not being any, the next item followed. NINTH ORDER OF BUSINESS There being no questions or comments, Approval of Financials and Funding Request No. 26 On MOTION by Mr. McLeod seconded by Mr. Azami with all in favor the financial statements and Funding Request No. 26 were approved. IPA J August 14, 2006 TENTH ORDER OF BUSINESS There being no further business, Adjournment On MOTION by Mr. McLeod seconded by Mr. Wegwert with all in favor the meeting was adjourned. Shazi�Azami Assistant Secretary 3 16, ! � 3 Quarry C.D.1 Mike McLeod Chairman AGENDA Quarry Community Development District Monday Centex Homes August 14, 2006 5801 Pelican Bay Boulevard, Suite 600 2:00 p.m. Naples, Florida 1. Roll Call 2. Organizational Matters A. Acceptance of Resignation of Doug Cohen B. Consideration of Appointment of Supervisor to Fill Unexpired Term of Office (11/2006) C. Oath of Office of Newly Appointed Supervisor D. Election of Officers 3. Approval of the Minutes of the July 10, 2006 Meeting 4. Manager's Report — Consideration of Engagement Letter with Berger, Toombs, Elam, Gaines & Frank to Perform the Audit for Fiscal Year End 2006 5. Attorney's Report 6. Engineer's Report 7. Supervisor's Requests 8. Audience Comments 9. Approval of Financial Statements and Funding Request No. 26 10. Adjournment A3 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News -------------------------------------------------- +------------------ - - - - -- QUARRY COMMUNITY DEV. DISTRICT 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 062367 59269399 Notice Of MeetingThe State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier Count, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 08/07 08/07 AD SPACE: 76.000 INCH FILED ON: 08/07/06 ----------------------------- - - - - -- ------- - - - - -- - +--------------- - - - - -- Signature of Affiant - Sworn to and Subscribed before me this ql�h day of 20(� Personally known by me Chanel q McDonald MYCOMMISSICN Ju DD210<03 EXPIRES ;;j ,r BONDED THRU RO? AW INSURANCE INC 1 A� John Daugirda District Manager . Aug, 7 No. misug l Quarry CDD �Pa e � f 1 A'3 Raffa, Elaine From: Daugirda, John Sent: Friday, July 28, 2006 8:29 AM To: Elaine Raffa (eraffa @severntrentms.com) Cc: Murphy, Marilyn Subject: FW: Quarry CDD Add to acceptance of resignation and appointment of replacement to next agenda. John From: Cohen, Doug [mailto:dcohen @centexhomes.com] Sent: Friday, July 28, 2006 8:24 AM To: Daugirda, John Subject: Quarry CDD John - please accept my resignation from the Quarry CDD Board. Thank you Doug Cohen 7/28/2006 16 Berger, Toombs, Elam, Gaines & Frank CertlRed Public Accountants Pl. SunTrust Bank Building Suite 300 111 Orange Avenue Fort Pierce, Florida 34950 772/461.6120 // 461 -1155 FAX: 772/468 -9278 June 30, 2006 THE QUARRY COMMUNITY DEVELOPMENT DISTRICT c/o Janice Larned, Finance Director Severn Trent Services 210 North University Drive, Suite 702 Coral Springs, Florida 33071 We are pleased to confirm our understanding of the services we are to provide THE QUARRY Community Development District for the year ended September 30, 2006. We will audit the financial statements of THE QUARRY Community Development District as of and for the year ended September 30, 2006. Audit Objectives The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with U, S. generally accepted accounting principles. Our audit will be conducted in accordance with U. S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will be in compliance with the specifications set forth in Chapter 10.550, "Rules of the Auditor General -Local Governmental Entity Audits," and will include tests of the accounting records of THE QUARRY Community Development District and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the financial statements is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. We will also provide reports (that do not include opinions) on internal control related to the financial statements and compliance with laws, regulations, and the provisions of grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. Fort Pierce / Stuart Member AICPA Member AICPA Division For CPA Firms Private Companies Practice Section Member FICPA I� 3 �� a Berger, Toombs, Elam, Gaines & Frank C- OW A*k Aamwn4 n THE QUARRY Community Development District June 30, 2006 Page 2 Management Responsibilities Management is responsible for establishing and maintaining internal control and for compliance with laws, regulations, contracts, and agreements. In fulfilling this responsibility, estimates and judgements by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles. Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will advise you in the preparation of your financial statements, but the responsibility for the financial statements remains with you. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (a) management, (b) employees who have significant roles in internal control, and (c) others where the fraud could have a material effect on the financial statements. You are also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations. Audit Procedures — General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from errors, fraudulent financial reporting, misappropriation of assets, or violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material i1 Berger, Toombs, Elam, C� Gaines & Frank C.d" nek � n THE QUARRY Community Development District June 30, 2006 Page 3 misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors that come to our attention, and we will inform you of any fraudulent financial reporting or misappropriation of assets that comes to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Identifying and ensuring that THE QUARRY Community Development District complies with laws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of THE QUARRY Community Development District's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Audit Procedures — Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on THE QUARRY Community Development District's financial statements. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed. A3 Berger, Toombs, Elam, Gaines & Frank c«ue.e NA � n THE QUARRY Community Development District June 30, 2006 Page 4 An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgement, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. Audit Administration, Fees, Delivery of Financial Statements and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any invoices selected by us for testing. The workpapers for this engagement are the property of Berger, Toombs, Elam, Gaines & Frank and constitute confidential information. However, we may be requested to make certain workpapers available to a Cognizant or Grantor Agency pursuant to authority given to it by law or regulation. If requested, access to such workpapers will be provided under the supervision of Berger, Toombs, Elam, Gaines & Frank personnel. Furthermore, upon request, we may provide photocopies of selected workpapers to a Cognizant or Grantor Agency. The Cognizant or Grantor Agency may intend, or decide, to distribute the photocopies or information contained therein to others, including other governmental agencies. Our billings for the services set forth in this letter, which will be based upon our rates for this type of work, will be rendered during each month on an estimated basis and are payable upon receipt. It is our expectation that our fee for this engagement will be $5,000. This estimate is based on anticipated cooperation from management and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Such billings will also include out -of- pocket expenses. This engagement includes only those services specifically described in this letter and appearances before judicial proceedings or government organizations or other regulatory bodies arising out of this engagement will be billed to you separately. This engagement is renewable from year to year with the mutual consent of both parties. Government Auditing Standards require that we provide you with a copy of our most recent quality control review report. Our 2004 peer review report accompanies this letter. Q3Berger, Toombs, Elam, Gaines & Frank c.an,W P,*k w.0 n THE QUARRY Community Development District June 30, 2006 Page 5 We appreciate the opportunity to continue to be of service to THE QUARRY Community Development District and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, BERGER, TOOMBS, ELAM, GAINES & FRANK Gaines, Director This letter correctly sets forth the understanding of THE QUARRY Community Development District �k SL--- e, o� _ TH UARRY Comm nity Development District Dat W: /data /audit/THE QUARRY cdd /2005 /eng05 STROEMER TUSCAN & COMPANY, PA CERTMED PUBLIC ACCOUNTANTS / CONSULTANTS To the Partners Berger, Toombs, Elate, Gaines & Frank, CPA's PL ¢:Y we AM1101 Florida rnsuwa or CoSiMea Pebk Aewmtaus American Instiwoe of Cart M PUNIC Atomism Manaaommt Consuldes Smkos Division Private Companies Prsodeo Swdan Tax Division We have reviewed the system of quality control for the accounting and auditing practice of Berger, Toombs, Elam, Gaines & Frank, CPA's PL (the firm) in effect for the year ended May 31, 2004. A system of quality control encompasses the firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of conforming with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified Public Accountants (AICPA). The design of the system and compliance with it are the responsibility of the firm. Our responsibility is to express an opinion on the design of the system, and the firm's compliance with the system based on our review. Our review was conducted in accordance with standards established by the peer Review Board of the AICPA. In performing our review, we obtained an understanding of the system of quality control for the firth's accounting and auditing practice. In addition,: we tested compliance with the firm's quality control policies and procedures to the extent we considered appropriate. These tests covered the application ofthe firm's policies and. procedures on selected engagements. Because our review was based on selective tests, it would not necessarily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it. Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of Any evaluation of systems of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or because the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice of Berger, Toombs, Elam., Gaines & Frrank, CPA's PL in effect for the year ended May 31, 2004, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA and was complied with during the year then ended to provide the firm with reasonable assurance of conforming with professional standards. Stroemer Tuscan & Company, P.A. Fort Myers, Florida December 16, 2004 INTEGRITY... —SERVICE. COMMITMENT 9961 CONFEROMF, DRIVE, SUM 2 • PM MYUS, FL 33919 (239) 433 -1OM + Pax (239) 433.0249 • Web Ske- stcpmbis y The Quarry Community Development District Unaudited Financial Statements as of June 30, 2006 a ASSETS: CASH INVESTMENTS Reserve Account Capitalized Interest Account Interest Account Prepayment Account Construction Cost of Issuance DUE FROM DEVELOPER TOTAL ASSETS LIABILITIES: ACCOUNTS PAYABLE ACCRUED EXPENSES ACCRUED INTEREST PAYABLE FUND EQUITY & OTHER CREDITS: FUND BALANCES: UNRESERVED AND UNDESIGNATED RESERVED FOR DEBT SERVICE RESERVED FOR CAPITAL PROJECTS TOTAL LIABILITIES AND FUND EQUITY & OTHER CREDITS THE QUARRY COMMUNITY DEVELOPMENT DISTRICT COMBINED BALANCE SHEET June 30, 2006 Governmental Fund Types Debt Capital General _ Service Projects $ 4,441 $ 7,244,263 - 8,122,830 - 336,957 - 1,892,619 - - 44,221,127 2,133 6,377 A3 Totals 2006 4,441 7,244,263 8,122,830 336,957 1,892,619 44,221,127 2,133 6,377 $ 10,818 $ 17,596,668 $ 44,223,260 $ 61,830,746 5,767 - - 5,767 - 336,282 - 336,282 $ 5,050 $ $ 10,818 $ -1- - $ - $ 5,050 17,260,386 - 17,260,386 - 44,223,260 44,223,260 17,596,668 $ 44,223,260 $ 61,830,746 THE QUARRY COMMUNITY DEVELOPMENT DISTRICT GENERAL FUND Statement of Revenues & Expenditures For The Period Ending June 30, 2006 GENERAL FUND PRORATED BUDGET ACTUAL BUDGET THRU 6130/06 THRU 6/30106 VARIANCE Revenues: Developer Contributions $ 86,325 $ 54,408 $ 54,408 $ - Total Revenues $ 86,325 $ 54,408 $ 54,408 $ Expenditures: Administrative Management $ 32,000 $ 24,000 $ 24,000 $ 0 Accounting 8,000 6,000 6,000 (0) Recording 5,000 3,750 3,750 (0) Annual Audit 4,000 3,000 - 3,000 Attorney Fees 12,000 9,000 - 9,000 Engineering Fees 10,000 7,500 8,795 (1,295) Special Assessment - - 3,800 (3,800) Computer Time 500 375 375 (0) Postage 1,000 750 1,146 (396) Telephone 300 225 2 223 Rentals & Leases 2,400 1,800 1,800 - Insurance 5,000 3,750 (998) 4,748 Printing & Binding 2,000 1,500 1,189 312 Legal Advertising 3,000 2,250 1,970 280 Contingencies 500 375 1,061 (686) Office Supplies 200 150 798 (648) Annual District Filing Fee 175 131 - 131 Capital Outlay 250 188 188 Total Administrative Expenditures $ 86,325 $ 64,744 $ 53,687 $ 11,057 EXCESS REVENUES /(EXPENDITURES) $ - $ 721 FUND BALANCE - BEGINNING $ - $ 4,329 FUND BALANCE - ENDING $ $ 5,050 -2- 3 THE QUARRY COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND Statement of Revenues & Expenditures For The Period Ending June 30, 2006 DEBT SERVICE PRORATED BUDGET ACTUAL FUND BUDGET THRU 6130106 THRU 6130106 VARIANCE Revenues: Prepaid Assessments $ - $ - $ 2,671,308 $ 2,671,308 Interest Income 222,412 166,809 202,915 36,106 Total Revenues $ 222,412 $ 166,809 $ 2,874,223 $ 2,707,414 Expenditures: Interest - 2004 BAN (retired) $ 2,985,529 $ 2,985,529 $ 2,985,529 $ - Interest- 2005 2,256,647 2,256,647 2,072,431 184,216 Principal - 2004 BAN (retired) 62,670,000 62,670,000 62,670,000 - Principal Prepayments - - 785,000 (785,000) Total Expenditures I $ 67,912,176 $ 67,912,177 $ 68,512,960 $ (600,784) Other Sources and Uses: Bond Proceeds $ 74,886,331 $ 74,886,331 $ 82,899,124 8,012,793 Total Other Sources & Uses $ 74,886,331 $ 74,886,331 $ 82,899,124 $ 8,012,793 EXCESS REVENUES /(EXPENDITURES) 1 $ 7,196,567 $ 17,260,386 $ 10,119,423 FUND BALANCE - BEGINNING FUND BALANCE - ENDING $ 7,196,567 $ 17,260,386 x1 Revenues: Interest Income Total Revenues Expenditures: Capital Outlay Cost of Issuance Total Expenditures Other Sources and Uses: Bond Proceeds Total Other Sources & Uses THE QUARRY COMMUNITY DEVELOPMENT DISTRICT CAPITAL PROJECTS FUND Statement of Revenues & Expenditures For The Period Ending June 30, 2006 CAPITAL PROJECTS PRORATED BUDGET ACTUAL FUND BUDGET THRU 6130106 THRU 6!30106 VARIANCE $ - $ - $ 19,120 $ 19,120 $ - $ - $ 19,120 $ 19,120 $ - $ - $ 26,169,228 $ (26,169,228) - 2,551,363 (2,551,363) $ - $ - $ 28,720,590 $ (28,720,590) $ - $ - $ 72,810,876 $ 72,810,876 $ - $ - $ 72,810,876 $ 72,810,876 EXCESS REVENUESI(EXPENDITURES) $ - $ 44,109,406 FUND BALANCE - BEGINNING $ - $ 113,854 FUND BALANCE - ENDING $ - $ 44,223,260 -4- 3 The Quarry July 3, 2006 FY 06 Mike McLeod mmcleodCa).centexhomes.com Centex Homes 5801 Pelican Bay Blvd., Suite 600 Naples, FL 34108 Fax: 239 -598 -1290 Dear Mr. McLeod The current funding request for The Quarry Community Development is necessary to pay the following : PAY REQUEST #26 FedEx Inv # 1- 049 -29038 June Fishkind & Associates 1,600.00 Inv # 1020 May Naples Daily News 4,167.48 Inv # 2713484 June Severn Treat Services June Inv #2025132 $ 10.04 $ 1,600.00 $ 599.32 $ 4,167.48 Total Requested: $ 6,376.84 The Quarry Community Development District 210 North University Drive, Suite 702 Coral Springs, FL 33071 Please find these items at your earliest convenience. Thank you for your attention to this matter and if you have any questions, please contact Pat Falcone at 954- 753 -584 Yours sincerely, The Quarry Community Development District Pat Falcone Account's Payable The Quarry Community Development District Series 2006B Speclai Assessment Bonds 1. Recap of Capital Project Fund Activity Through June 30, 2006 Opening Balance in Construction Account Opening Balance in Cost of Issuance Account Source of Funds: Interest Earned Use of Funds: Roadways Water Management Wetland Preservation /Open Space Utilities Landscape & Other Professional Services & Permitting Cost of Issuance Adjusted Balance in Construction Account at June 30, 2006 2. Funds Available For Construction at June 30, 2006 Book Balance of Construction Fund at June 30, 2006 Construction Funds available at June 30, 2006 3. Investments - Wachovia Bank June 30, 2006 Construction Fund COI Fund: Type Estimated Yield Due Overnight 4.60% Overnight 4.60% $70,300,633.43 $148,000.00 $18,372.02 ($5,477,752.31) ($11,609,847.37) $0.00 ($1,378,614.57) ($5,569,850.02) ($2,061,809.68) ($145,871.72) ($26,243,745.67) $44,223,259.78 $17,136.21 $17,136.21 Maturity Principal $ - $ 44,221,126.53 $ 2,133.25 ADJ: Outstanding Requisitions $0.00 Balance at 6/30/06 $ 44,223,259.78 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, FEBRUARY 1, 2007, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES —DECEMBER 15, 2006, EAR SPECIAL MEETING 6. BCC REPORT- RECAPS — Not Available at this time 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A. Petition: BD- 2006 -AR- 10674, Raymond Young, represented by Turrell and Associates, is requesting a 19- foot boat dock extension from the allowed 20 feet for a total protrusion of 39 feet into the waterway. The subject property is located at 147 Windward Cay, Port of the Islands Subdivision, Lot 48, Section 9, Township 52 South, Range 28 East, Collier County, Florida. (Coordinator: Ashley Blair) 9. OLD BUSINESS - Presentation by Dan Summers Concerning an Evacuation Study TO BE HEARD PRIOR TO LAND USE PETITION 10. NEW BUSINESS 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN 02 -01 -07 CCPC Agendaf" /sp Misc. Corres: Date: t 3 clx Item #: 1 _ooG es to 'r-.. AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, JANUARY 18, 2007, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES — DECEMBER 7, 2006, REGULAR MEETING 6. BCC REPORT- RECAPS — Not Available At This Time 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A. Petition: PUDA- 2006 -AR- 10030, Sembler Family Partnership #42, LTD, represented by Bob Mulhere, of RWA, Inc., requesting a PUD Amendment to reflect the current LDC sections which was recodified in 2004 in the Hammock Park Commerce Centre PUD Document. The subject property is 20.23 acres, and is located on the Northeast corner of the intersection of CR 951 and Rattlesnake Hammock Road in Section 14, Township 50 South, Range 26 East, Collier County, Florida. (Coordinator: Melissa Zone) CONTINUED FROM 12/21/06 B. Petition: BD- 2006 -AR- 10645, Halden Deppert, represented by Turrell and Associates, is requesting a 26- foot boat dock extension from the allowed 20 feet for a total protrusion of 46 feet into the waterway. The subject property is located at 159 Windward Cay, Port of the Islands Subdivisi80 n Lot 51, Section 9, Township 52S, Range 28E, Collier County, Florida. (Coordinator: Ashley Blair)MisC �r�s Date: 1 Item #: Copies to: 16i 1 g C. Petition: CU- 2006 -AR- 10550, Collier County Department of Facilities Management, represented by Heidi Williams, of Q. Grady Minor & Associates, P.A., is requesting a conditional use in the Estates zoning district to allow a Safety Service Facility that will be limited to an Emergency Medical Services for a project to be known as the EMS Station #73. The subject property, consisting of 2.23 acres, is located at 790 Logan Blvd. North, in Section 4, Township 49 South, Range 26 East, Collier County, Florida. (Coordinator: Nancy Gundlach) D. Petition: PUDZ- 2005 -AR -7820, Habitat for Humanity of Collier County, represented by Laura Spurgeon, of Johnson Engineering, is requesting a rezone from the Agricultural - Mobile Home Overlay (A -MHO) zoning district to the Residential Planned Unit Development (RPUD) zoning district consisting of an affordable housing residential neighborhood of 400 single- family, zero lot line, two- family or duplex dwelling units in a project to be known as Kaicasa RPUD. The subject property, consisting of 100 acres, is located along the north side of State Road 29, east of Village Oaks Elementary School, and approximately 2 miles east of the intersection of State Road 29 and County Road 846. (Coordinator: Melissa Zone) E. Petition: PUDZ -A- 2006 -AR -9403, Toll Brothers, Inc., represented by Walter Fluegel, AICP, of Heidt & Associates; and Richard Yovanovich, of Goodlette, Coleman & Johnson, P.A., request a PUD to RPUD rezone. The approved zoning classification is Recreational Theme Park known as King Richards. The proposed use of the property is multi - family residential (133 multi - family units) to be known as Princess Park RPUD. The subject property, consisting of 11.3± acres, which is located at 6780 Airport - Pulling Road North, in Section 1, Township 49 South, Range 25 East, Collier County, Florida. (Coordinator: Melissa Zone) F. Petition: PUDZ- 2004 -AR -6810, Livingston Greens, LLC, represented by George L. Vamadoe of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting a rezone from the Rural Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district by submitting a PUD document and Master Plan for Hamilton Greens, which will consist of 88 residential units on 29.68 acres. The subject property 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. (Coordinator: Carolina Valera) CONTINUED FROM 1,14/07 9. OLD BUSINESS A. Brad Shiffer concerning the setback definition. 10. NEW BUSINESS A. Presentation by Dan Summers Concerning an Evacuation Study B. Request of CCPC to approve 05 GMP Amendment Cycle to begin on March 5, 2007, omitting the 2/20/07 date previously scheduled, to also approve another March date for continuation of same to be held at CD &ES, and approval of April 2, and April 3, 2007 should the hearings need to continue further. Dates to choose from for March continuation are as follows: 3/13, 3/15, 3/22 or 3/29, 2007. 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN 1 /18 /07CCPC Agenda/RB/hr /mk/sp VA December 7, 2006 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, December 7, 2006 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark P. Strain Tor Kolflat Brad Schiffer ALSO PRESENT: Ray Bellows, Planning Services Marjorie Student- Stirling, Assistant County Page 1 Donna Reed Caron Lindy Adelstein Bob Murray Robert Vigliotti Russell Tuff Paul Midney (absent) Misc. Corres: Attorney Date: Item #: Copies to: December 7, 2006 CHAIRMAN STRAIN: Good morning, everyone, and welcome to the December 7th Planning Commission meeting. If you'd all rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) Item #2 ROLL CALL CHAIRMAN STRAIN: Will the secretary please provide the roll call. COMMISSIONER CARON: Mr. Kolflat? COMMISSIONER KOLFLAT: Here. COMMISSIONER CARON: Mr. Schiffer? COMMISSIONER SCHIFFER: Here. COMMISSIONER CARON: Mr. Midney is absent. Ms. Caron is here. Mr. Strain? CHAIRMAN STRAIN: Here. COMMISSIONER CARON: Mr. Adelstein? COMMISSIONER ADELSTEIN: Here. COMMISSIONER CARON: Mr. Murray? COMMISSIONER MURRAY: Here. COMMISSIONER CARON: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Here. COMMISSIONER CARON: And Mr. Tuff? COMMISSIONER TUFF: Here. Item #3 ADDENDA TO THE AGENDA Page 2 December 7, 2006 CHAIRMAN STRAIN: Okay. There are addenda to the agenda. Mr. Schiffer, I know you have an issue that's come up. How would you feel about adding it to new business, number 10? COMMISSIONER SCHIFFER: That would be great. CHAIRMAN STRAIN: Okay. And that will be an LDC discussion. Certainly in the last LDC amendment cycle; is it not? COMMISSIONER SCHIFFER: Correct. CHAIRMAN STRAIN: Okay. We also received -- I received it yesterday and I really haven't had time to go through it -- a suggested new methodology for population that's being provided to the Board of County Commissioners. It's in response to DCA's objection to the EAR. It theoretically, I imagine, isn't responding to our comments about the AUIR. This was something that was generated prior to those. So I'm not sure if we'll be discussing or not or if it was provided just for our information. Let's see. If anybody has read it and wants to discuss it, we can do so under old business later today, otherwise -- I mean, it's just informational at this point. It hasn't changed anything from what I could see. Item #4 PLANNING COMMISSION ABSENCES Next item is Planning Commission absences. And Ray, there were a series of dates set aside in the calendar for finishing up AUIR and the EAR, and I'm wondering how many dates are really valid. Our next real meeting is 21 st of December. So first off, let's see if everybody -- do we have -- anybody know if they're going to not be here on the 21 st? COMMISSIONER VIGLIOTTI: I will not be here. CHAIRMAN STRAIN: You will not be here. Page 3 9 December 7, 2006 Anybody else? (No response.) CHAIRMAN STRAIN: Well, then at least we know we have a quorum. Ray, I think one of the dates I had down was the 15th. Was that -- is anything happening on the 15th? MR. BELLOWS: On the calendar that I have, it doesn't show any meeting. CHAIRMAN STRAIN: Do we have any meetings scheduled between now and the next regular meeting on the 21 st? MR. BELLOWS: I don't see one on this calendar, but I will verify with Mr. Schmitt and send you something if there is. CHAIRMAN STRAIN: Okay. The other thing is is staff had sent out Marcia Kendall earlier this week a requested date change for the '05 GMP cycle amendments, and they asked if we could respond to the various dates for the change. I thought since we're all here today we -- anybody -- if everybody's received it, I'll read basically what it says, and then we can respond today and have it on record. The GMP cycle hearings will begin on February 20, 2007. Now, this is in lieu of the 19th. They were going to begin on the 19th. The 19th is cancelled. They're going to begin on February 20th. They would -- and they're asking if we could check our calendars for March 5th as a continuation date. So with that in mind, how are the rest of us sitting on March 5th? Is anybody -- COMMISSIONER MURRAY: I did respond positive. CHAIRMAN STRAIN: Okay. Anybody else -- COMMISSIONER ADELSTEIN: I did too. COMMISSIONER VIGLIOTTI: I'm good. COMMISSIONER CARON: Okay. CHAIRMAN STRAIN: Okay. So March 5th works for all of us, so -- and then they listed other dates if March 5th wasn't any good. December 7, 2006 . We can bypass those. So the GMP cycle amendments for `05 will be February 20th and March 5th. Item #5 APPROVAL OF MINUTES — OCTOBER 19, 2006, REGULAR MEETING Okay. Approval of minutes from October 19, 2006, Regular Meeting? Anybody want to make a motion to approve? COMMISSIONER ADELSTEIN: So moved. COMMISSIONER VIGLIOTTI: Second. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein, seconded by Commissioner Vigliotti. Any discussion? (No response.) CHAIRMAN STRAIN: All in favor signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries . Item #6 BCC REPORT — RECAPS — NOT AVAILABLE AT THIS TIME 16i 1 B December 7, 2006 There are no BCC reports or recaps available at this time. Item #7 CHAIRMAN'S REPORT Next would be the chairman's report. And I had a couple of things. I'm trying to talk slower today. Terri has provided all of us with an incentive to talk slower, her homemade buckeyes. These are a delicacy. Probable during our break we'll try to participate. Thank you, Terri. And Kay has a new toy over in video, and wish -- when something's on the screen like this, they can have a sub picture of us on that -- or whoever's speaking on the screen at the same time. So, Kay, I hope we provide you with ample opportunity to enjoy your new toy today. And I'm sure that was a result of the approval of the AUIR from last year. And Terri, I will try real hard to talk real slow, as I'm sure all the rest of us will. Now, as far as advertised public hearings today, for those members of the public who aren't here, there were three petitions that were scheduled. Last week they were announced to be continued. One is the -- and I'll read them off. Petition SV- 2006 -AR -9400. That's David Torres of the Toll - Rattlesnake, LLC. It's the one involving the small buggy races and the Florida Sports Park. That has been continued. The second one was PUDZ -A- 2004 -AR -6417. That's with Ronald Benderson, et al, Trustee. That's for the Alligator Alley PUD commercial area. And the third one that was continued was petition PUDA- 2005 -AR -7818, Freeland and Schuh for the Pine View PUD. Page 6 ) I B December 7, 2006 This was the one that was in yesterday's paper announcing it was going to be heard today, but it was continued last week. So that one, again, is not going to be heard today. So for anybody watching or anybody in the audience that may be interested, those last three items on our agenda have been continued. COMMISSIONER SCHIFFER: Mr. Chair, do we have a date for those yet or -- CHAIRMAN STRAIN: I don't know if we've got a date for all three. Some are being continued to the 21 st, but I'm not sure if all of them are. MR. BELLOWS: Yeah. For the record, Ray Bellows. I have been in contact with the planner and he indicated that they're all going to be rescheduled to December 21 st. CHAIRMAN STRAIN: Okay. You need to pull the mike a little MR. BELLOWS: They will all be continued to December 21 st. CHAIRMAN STRAIN: I think the objective there is, we're probably supposed to be in better moods because it's closer to Christmas. Be forewarned, it isn't going to do any good, so -- okay. Item #8A PETITION: SV- 2006 -AR -9962, WAL -MART STORES EAST, L.P. With that, we'll move into our regular advertised public hearings, the first of which is petition SV- 2006 -AR -9962, Wal -Mart Stores East LP, that's for the Wal -Mart SuperCenter at 5420 Cormorant Avenue. All those wishing to speak on behalf of this project, please rise to be sworn in by the court reporter. (The speakers were duly sworn.) CHAIRMAN STRAIN: Thank you. Are there any disclosures from the Planning Commission? Page 7 December 7, 2006 (No response.) CHAIRMAN STRAIN: Okay. Hearing none, we'll go straight into the presentation by the applicant. MS. COVINGTON: Good morning. CHAIRMAN STRAIN: Good morning. MS. COVINGTON: My name is Chelsea Covington on behalf of Wal -Mart. I'm with the architect finn that represents Wal -Mart. Do I need to state name and address or anything? CHAIRMAN STRAIN: You stated -- COMMISSIONER VIGLIOTTI: Can you pull the mike a little closer, too? CHAIRMAN STRAIN: You stated your name, that's -- MS. COVINGTON: The address doesn't matter, okay? CHAIRMAN STRAIN: Okay. I don't think -- Marjorie; the address isn't required, is it? MS. STUDENT - STIRLING: No, just a name. CHAIRMAN STRAIN: Just a name's fine. MS. COVINGTON: Okay, thank you. And I did have a chance to look over the staff report, and I just have basically gone over each question that they had answered and come up with a rebuttal answer to their questions. So basically letter A of the staff report says, the planner indicates that the LDC provides provisions that allow extra wall signage for buildings. That's basically different increments between buildings from 25,000 square feet in area all the way up to 60,000 square feet in area, and that that should be sufficient for our amount of square footage and number of signs on our building; however, the Wal -Mart Supercenter store measures 210,384 square feet in area, and that's quite a jump from 60,000 square feet. So to be held to the same provisions as a store that's over three and a half times smaller than the Wal -Mart Supercenter basically kind of puts us at a disadvantage, one of those reasons being that a smaller o � - _ �l December 7, 2006 store is allowed to have less parking; therefore, with less parking you're located a little closer to the road, and then also, if they're allowed the same number and square footage on their wall, and their wall's that much smaller, it's basically a greater percentage of square footage on that wall than would be on the Wal -Mart store. It's going to look a lot smaller on a Wal -Mart than it would on a building that's over three and a half times smaller than the Wal -Mart store is. Let's see. Under letter C it says, will literal interpretation of the provisions work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? And it says, there are different provisions for buildings of a much smaller scale, but these are greatly out of proportion when applied to a building the size of Wal -Mart. It's only evident that the smaller businesses allow a much higher percentage of wall signage -- CHAIRMAN STRAIN: Miss, you're going to need to slow your speech down so that we can understand you better and so that she can properly record it. MS. COVINGTON: Okay. CHAIRMAN STRAIN: Thank you. MS. COVINGTON: So basically what I did was I did calculations on the two sides of the building that we are requesting to add more signs to. For instance, the south facade of the building currently is 1 8,703 square feet, the entire area of that wall. The existing signage is 229 square feet; therefore, Wal -Mart currently has 1.24 percent of the south or front facade covered in signs. So it's less than 2 percent right now. Adding the proposed signs will only raise this to 2.467 percent of wall area taken by signage. Additionally, the east facade of the building makes up 11,477 square feet. That's the total area of the wall, and the existing signage over there is only 11.34 square feet. So currently it has .099 percent .a December 7, 2006 store is allowed to have less parking; therefore, with less parking you're located a little closer to the road, and then also, if they're allowed the same number and square footage on their wall, and their wall's that much smaller, it's basically a greater percentage of square footage on that wall than would be on the Wal -Mart store. It's going to look a lot smaller on a Wal -Mart than it would on a building that's over three and a half times smaller than the Wal -Mart store is. Let's see. Under letter C it says, will literal interpretation of the provisions work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? And it says, there are different provisions for buildings of a much smaller scale, but these are greatly out of proportion when applied to a building the size of Wal -Mart. It's only evident that the smaller businesses allow a much higher percentage of wall signage -- CHAIRMAN STRAIN: Miss, you're going to need to slow your speech down so that we can understand you better and so that she can properly record it. MS. COVINGTON: Okay. CHAIRMAN STRAIN: Thank you. MS. COVINGTON: So basically what I did was I did calculations on the two sides of the building that we are requesting to add more signs to. For instance, the south facade of the building currently is 1 8,703 square feet, the entire area of that wall. The existing signage is 229 square feet; therefore, Wal -Mart currently has 1.24 percent of the south or front facade covered in signs. So it's less than 2 percent right now. Adding the proposed signs will only raise this to 2.467 percent of wall area taken by signage. Additionally, the east facade of the building makes up 11,477 square feet. That's the total area of the wall, and the existing signage over there is only 11.34 square feet. So currently it has .099 percent 16 1 1 '0 December 7, 2006 of the square footage in signage. And if we add the proposed signage, that would only result in the number being raised to 1.07 percent, so it's not raising it very much at all. Now, for instance, if you look at an average 60,000 square foot building and an average facade would measure, let's say, 250 linear feet times 29 feet in height that would give it a total of 7,250 square feet in wall area. And the permissible area on that wall would be 250 square feet in signage. That would give them 3.44 percent of area covered in signs, and that's about two times as much as we have on either side already. The proposed signs do promote safety and convenience to the general public by providing direction and identification. For instance, the signs over the vestibule entryways would indicate to commerce whether or not they would be entering on the food center side of the Wal -Mart or the general merchandising side of the Wal -Mart. Additionally yesterday I made a trip to the store, and I spoke with the pharmacy manager, and she indicated that several of the customers are not aware that there is a pharmacy drive -thru. We do have directional signs saying enter and exit on the drive -thru; however, it does not say pharmacy drive -thru anywhere on that drive -thru. People could be under the assumption that maybe it's a bank or something like that. I'm not sure. But basically until customers come into the store and actually see, you know, the little tubes that the medicines come in and out of and ask if there's a drive -thru, they haven't been very aware that there is one there, so that would help identify that for customers that maybe don't want to walk from the parking lot into the store. In response to staffs concern about the incompatibility with properties to the west and south side of the site, Wal -Mart is not proposing any additional signs to be added to the west, and I believe that that was a concern. I think she -- I think the report said something about residents to the west of the building. Page 10 December 7, 2006 And the south facade does have additional signage proposed, but it is being designed to be directional, informative in nature to those looking for Wal -Mart while driving along Cormorant Avenue and to those already navigating the parking lot. Basically it faces -- it does not face Immokalee. It faces Cormorant Avenue, which if you're on that road, from the looks of it when I was there yesterday, it looked like you would already be going to the Wal -Mart store there. So it's basically to let them know, like I said before, orienting them as to where the food center side is and where the general merchandising side of the store is. So does anyone have questions for me? CHAIRMAN STRAIN: I'm sure there will be questions. Mr. Kolflat, let's start with you. COMMISSIONER KOLFLAT: On drawing A2.2, do you have that available? MS. COVINGTON: I do. COMMISSIONER KOLFLAT: And can you see this signage schedule up there at the top? MS. COVINGTON: Absolutely. COMMISSIONER KOLFLAT: That signage schedule indicates that there are two pharmacy drive - thrus. Do you see that? MS. COVINGTON: Those are proposed signs. One of them would be -- basically the way the pharmacy drive -thru is, it juts out on the side of the building. If you're facing the Wal -Mart, one of them would say pharmacy drive -thru above, like the part that faces -- that would help. They're going to put that up on the screen, I believe. COMMISSIONER KOLFLAT: Let me ask you another question first before you answer it. There shows to be two there, yet on the drawing A -2, which is the drawing, there is only one shown. And I'm curious as to reconciling the discrepancy. MS. COVINGTON: You know, there's actually -- there are Page 11 16 1 1 � December 7, 2006 several architectural sheets that go with these drawings. I believe there is a sheet named PH2, which is a specific pharmacy drawing that I did not include in this package, that shows the pharmacy drive -thru from several different points of view. Normally they don't go into that much detail on the A2 sheet. As you see, they kind of break up different facades and show details of them but not the pharmacy drive -thru. COMMISSIONER KOLFLAT: Well, one of the pharmacy drives is shown. MS. COVINGTON: Yes. And that is, I believe, the one that I was getting ready to just explain -- it is -- that you could see from the front of the store. The other one would be, if you imagine driving around the side of the store where that pharmacy drive -thru is attached, it would be on that side of the pharmacy drive -thru that sticks out a bit. COMMISSIONER KOLFLAT: Well, I circled the site yesterday, and I only saw one site also, which confirms there's only one in the drawing. MS. COVINGTON: Correct. Yes, there's a front, and then also the side. I believe that's the east side of the store. COMMISSIONER KOLFLAT: No. There's nothing on the east side, but I -- will there be one or will there be two? MS. COVINGTON: There would be two, sir. That's what we had proposed. There's nothing now. All that's there now is enter and exits signs, as I said earlier. COMMISSIONER KOLFLAT: All right. Let's -- looking again at that same schedule, if you total them up there, there are nine existing signs plus 13 additional. MS. COVINGTON: Yes, sir. COMMISSIONER KOLFLAT: Did you check with that? MS. COVINGTON: Yes. Let me -- COMMISSIONER KOLFLAT: That gives a total of 22 signs, Page 12 December 7, 2006 correct? MS. COVINGTON: Yes. COMMISSIONER KOLFLAT: All right. Now, do you have that letter of 6/15/06? You have it, don't you, Ray? Would you put it on the -- no, that's not the one. It's the letter. I gave you a copy of the letter. CHAIRMAN STRAIN: Did you say June 15th? COMMISSIONER KOLFLAT: June 15th, that's it. Oh, I see, yeah. Okay. Now, this letter lists seven existing signs plus 13, which totals 20. Will there be 20 or will it be 22? MS. COVINGTON: I've got that letter actually right here in front of me as well. Let me just look for a moment. COMMISSIONER KOLFLAT: I'm sorry. I didn't hear you. MS. COVINGTON: I do have that letter right here. Let me just look at that again for a moment here. COMMISSIONER KOLFLAT: They're showing that to be two at the south, plus one west, plus four East, which totals seven as existing. MS. COVINGTON: Okay. So there are two signs on the front of the building, and let's see here. One sign on the side of the building. Well, I know that the A2.2 sheet is accurate. I'm not sure if I made a mistake in my letter, and I apologize if I did. COMMISSIONER KOLFLAT: So there will be 22 signs then instead of 20 total? MS. COVINGTON: Yes, sir. I just double - checked as well, and that is the correct number. COMMISSIONER KOLFLAT: Okay. Now, do you also have drawing C6 that you submitted? That's a plan of the facility. MS. COVINGTON: I don't -- unless it's in Ms. Valera's package here, I do not have that with me, no. That would be the site plan that Page 13 1 B 1 December 7, 2006 was submitted? COMMISSIONER KOLFLAT: I don't know if it's a site plan, but it's a plan. C6. I have one here. MS. VALERA: Yeah, the site plan. MS. COVINGTON: Oh, okay. COMMISSIONER KOLFLAT: Now, looking at that drawing, which side of the building is the longest facade? MS. COVINGTON: The front side of the building which is -- COMMISSIONER KOLFLAT: Why don't you identify that, yeah, front side. Now would you also identify Immokalee Road? MS. COVINGTON: Yes. CHAIRMAN STRAIN: Let me -- yeah, speaker. MS. COVINGTON: Thank you. Here's Immokalee Road here. COMMISSIONER KOLFLAT: Right. MS. COVINGTON: And this is Cormorant along the front. COMMISSIONER KOLFLAT: Right. Now Cormorant -- the facade that faces Cormorant, it is the west side; is that correct? MS. COVINGTON: Yes, COMMISSIONER KOLFLAT: So that is the west side of the structure. MS. COVINGTON: Yes, it is. COMMISSIONER KOLFLAT: Okay. Now, would you return to this letter, please. This letter refers to the front side as being something other than the west. It says the south front facade is the long one, which is 600 feet. MS. COVINGTON: It's a mistake. COMMISSIONER KOLFLAT: So this letter has the wrong total signs as well as having the wrong direction on where these signs will be located; is that correct? MS. COVINGTON: I believe so, yes. COMMISSIONER KOLFLAT: So the correct one then is what is shown on the drawings? MS. COVINGTON: Yes, sir. COMMISSIONER KOLFLAT: information in the letter? 1.61 December 7, 2006 And we should disregard the MS. COVINGTON: Yes, sir. COMMISSIONER KOLFLAT: Thank you. CHAIRMAN STRAIN: Anything else, Mr. Kolflat? COMMISSIONER KOLFLAT: No. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Yes. Looking on what I think is the south elevation, it's the side elevation, you have the word Wal- Mart above pharmacy. That's not in any of these as existing or as new? MS. COVINGTON: If you look under -- on the A2.2 sheet, under section that says Wal -- I'm sorry. It says pharmacy drive -thru signage. COMMISSIONER SCHIFFER: Correct. MS. COVINGTON: The very first sign listed says Wal -Mart, and it says quantity, one. COMMISSIONER SCHIFFER: Well, wait a minute. I'm on 2.2 MS. COVINGTON: In the sign schedule, I'm sorry, sir, at the top right -hand corner of that. COMMISSIONER SCHIFFER: Okay. So the graphic for sign 18 is incorrect not showing the word Wal -Mart? MS. COVINGTON: Let me see if I can see that one here. Yes, that's correct. I believe the only one shown for some reason -- it does show the five -foot letters of the Wal -Mart that exist on the front of the building, but you're correct, it does not show the smaller ones that measure 48.20 square feet, which would be above the pharmacy drive -thru on the east side of the building. COMMISSIONER SCHIFFER: Was that in all your calculations Page 15 :> 1611 8 December 7, 2006 you've presented or -- MS. COVINGTON: It was in the calculations that I presented, yes, sir. COMMISSIONER SCHIFFER: Okay. And then the other issue, what's behind some of these signs? For example, obviously food center, I assume the grocery store is in there? MS. COVINGTON: Yes, sir. COMMISSIONER SCHIFFER: The Wal -Mart Supercenter, the main one, I assume that's the main entrance of the store? MS. COVINGTON: Wal -Mart Supercenter is actually kind of centered on the store between the two vestibule entryways. COMMISSIONER SCHIFFER: Okay, you're right. Low prices, what's behind that? MS. COVINGTON: Low prices is actually a sign that -- some jurisdictions have requested that we change the wording to retail center to better reflect what is in that side of the store, and we are more than happy to do that. It's actually the general merchandising area of the store, and if we changed that to retail center, it's a two -foot, six -inch tall sign, and it measure 54.53 square feet, so it is a little bit more square footage than the one that says low prices. COMMISSIONER SCHIFFER: Okay. And that's -- what is the need then to have words like meat, deli, produce, bakery? People know what's there, correct? MS. COVINGTON: Basically those signs are to let people know the uses offered with that side of the store; however, many jurisdictions have found that the more directional in nature signs are, the low prices and the food center signs, that basically just lets people know which side of the building, and then they can figure out what's in there after that. COMMISSIONER SCHIFFER: Okay. So like bakery's kind of an advertisement? Page 16 December 7, 2006 MS. COVINGTON: Well, bakery, deli, meat and produce, it does -- it does go with the order that it's located, and it tells them which uses are offered within the store, so. COMMISSIONER SCHIFFER: But you still go in the food center door? MS. COVINGTON: Absolutely, you are correct. COMMISSIONER SCHIFFER: Pharmacy, wouldn't everybody know -- well, you're going to have the pharmacy drive -thru sign, which I think's good. MS. COVINGTON: If we did get that sign, yes, that would inform the public there's a pharmacy. COMMISSIONER SCHIFFER: But the straight pharmacy, optical, one -hour photo, don't the Wal -Mart shoppers know that by now? MS. COVINGTON: It might be as well as the pharmacy drive -thru, that they're not aware until they go into the store, and then once they go in and see those things, then they will know for their next visit that they're located within the store. But yes, it just basically let's them know which side to enter the store for those uses. COMMISSIONER SCHIFFER: Okay. And the garden center sign, let me find out where it is. Is it right at the garden center entrance? MS. COVINGTON: Yes, it is, and there is currently no sign over that entrance. COMMISSIONER SCHIFFER: Okay, all right. Thank you. MS. COVINGTON: You're welcome. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Is this the first time that Wal- Mart for this building is coming forward to gain any signage whatsoever? MS. COVINGTON: Yes, it is. When I first worked on this, it was actually a little over a year ago, and we decided at that time to go Page 17 6 1 1 B December 7, 2006 ahead and put what the county allowances were on the building, and we worked with staff to do that, and decided to, at a later time, proceed with a variance after the store had been open. COMMISSIONER MURRAY: So the staff did inform you at the outset that the county code indicated what was permissible? MS. COVINGTON: Yes, sir. COMMISSIONER MURRAY: Okay. And I think it was just -- Commissioner Schiffer brought it up. I mean, I think of Macys, and I think many people who might go to Macys know there's perfumes and there's pots. So I -- when I looked at this I wondered, Wal -Mart is pretty well - known. Now, I do know there's a technique in marketing, that in retail, aisles are frequently changed so as to keep shoppers sharp by finding new things to buy on a spontaneous basis. So you want to direct people right into that area where they want to go and so -- so they won't use any marketing techniques, of course. I'm being facetious. I shouldn't be, but I was. What I'm driving at is that I am surprised that Wal -Mart has chosen to come back when it accepted the signage. Now, I recognize you're entitled to go for a variance, but I am surprised. And I will tell you one final thought. When I read the documents here, or attempted to read these, I found these very, very difficult to follow -- COMMISSIONER ADELSTEIN: So did I. COMMISSIONER MURRAY: -- to try to see where the signs were and all of what the signs were. It took too long and I gave up. But I recognize I do have an understanding of what you want, but it's an enormous amount of signage, and I'm just surprised that Wal -Mart is here on that. Wal -Mart is so well - known, it has gained the attention of just about everyone, and I'm just surprised, okay? Thank you. MS. COVINGTON: Okay. 6 December 7, 2006 CHAIRMAN STRAIN: Mr. Adelstein? COMMISSIONER ADELSTEIN: How many actual lobbies do they enter into the building? MS. COVINGTON: Well, there is a garden center entrance, and that doesn't go -- I believe that's an outdoor center, but it is a separate entrance, and then there's an entrance into the retail center and the food center. So that would be a total of three along the front facade of the store, sir. COMMISSIONER ADELSTEIN: Now, do you have any signs on the inside of those lobbies? MS. COVINGTON: I can't speak as to the interior of this store. I'm sure they do. I know that when I've shopped at Wal -Mart, I've seen signs. Now, I don't know exactly what they say. I work specifically on the exterior signing of the Wal -Mart programs. COMMISSIONER ADELSTEIN: But the inside signs would probably explain to the people what's in that area. MS. COVINGTON: You would assume so, yes. COMMISSIONER ADELSTEIN: And that's not satisfactory? MS. COVINGTON: Well, if you think about, perhaps, say an elderly person who's handicapped and needs to park as close to the entrance that they need -- if they need to go to the pharmacy or something like that. It helps people that are in the parking lot be directed as to the correct entrance so that they can be as close as they need to be for that entrance before they get into the store. It's actually a pretty long expanse as well. So if you go in the wrong entrance, you've got a little bit of a walk to get to the correct side. COMMISSIONER ADELSTEIN: Okay. The only thing that bothers me most is the signs on the residential area. They live there. By now, they know it's -- what is there. There should be no real reason for them to have that type of signage on any part of the building. MS. COVINGTON: And I do believe that -- the side that was in 161 1 3 December 7, 2006 question as far as the residential, was that the pharmacy drive -thru; was that that side? And the only sign that would actually be facing them was what I was trying to explain earlier, it was the one that would read Wal -Mart above it and then pharmacy drive -thru below; however, we had spoken about maybe just putting the pharmacy drive -thru along the front facade of the building, and then that would not affect the side that faces the residential at all. If we omit that one but put the one that's covered along the front facade, that would still alert people that are driving in front of the store that there is a pharmacy drive -thru there without putting any signs to face the residential side. So that might be a solution to that problem. COMMISSIONER ADELSTEIN: Thank you. MS. COVINGTON: You're welcome. CHAIRMAN STRAIN: Any other questions of the Planning Commission? Ms. Caron? COMMISSIONER CARON: Can you directly enter into the pharmacy or the -- MS. COVINGTON: No, ma'am. COMMISSIONER CARON: -- optical or the photo? MS. COVINGTON: No. COMMISSIONER CARON: So you have to go in either the food center entrance or the retail -- MS. COVINGTON: Yes, ma'am. COMMISSIONER CARON: --entrance, correct? MS. COVINGTON: Yes. COMMISSIONER CARON: All right. And all of those other ancillary departments are centered somewhere -- MS. COVINGTON: Yes. I'm not sure exactly how the placement is, like I said, on the inside of the store, but -- COMMISSIONER CARON: Pretty much the same in all of Page 20 December 7, 2006 them. MS. COVINGTON: There are different variations of the Wal *Marts and how they're designed, but -- COMMISSIONER SCHIFFER: Can I follow? CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: So the pharmacy that you're showing on the front facade to the far left, the pharmacy's not behind that sign? Because the drive - thru's way on the other side of the building. MS. COVINGTON: I know, and I found that odd yesterday when I was in. But when you walk in on the retail center side, it is to the left. And I'm not sure exactly how that was because I walked in and it was over there, so -- COMMISSIONER SCHIFFER: And then -- but the drive -thru is on the other corner of the building? MS. COVINGTON: I know. COMMISSIONER SCHIFFER: So there's maybe two pharmacies, I guess. MS. COVINGTON: Perhaps, I'm not sure. But that was where I spoke with somebody at the pharmacy. I walked in the entrance, and it was immediately to my left, so I did speak with a pharmacist over there. And I'm not an architect. I work for an architectural firm, so I'm not going to try to entertain that. CHAIRMAN STRAIN: Miss, on the sheet, A2.2, which signs there do you consider directional signs? MS. COVINGTON: On the A2.2 sheet, I would definitely say the food center and low prices. And as I said before, you can change the low prices to read retail center. So food center and retail center are directional as far as what entrance you want to use. I would say the pharmacy drive -thru sign, at least one of those signs, would be helpful in directing the public that there is a pharmacy Page 21 �7 December 7, 2006 drive -thru to use. And the others are ancillary signs. They help inform the public, but I would not say that they are directional in nature. They are more informative in nature. CHAIRMAN STRAIN: Low prices is a direction? MS. COVINGTON: As I said, low prices indicates the general merchandising area and it can be changed to read retail center. Many jurisdictions have found that more directional in nature. CHAIRMAN STRAIN: Are you selling wholesale in there anywhere? MS. COVINGTON: I'm not sure. I'm assuming they do have low prices and that's why they have that for their general merchandise. CHAIRMAN STRAIN: But I mean, you could put that anywhere and it would apply to the same, and so would the word retail, right? So any door they go through, they're going to be encountering retail prices? MS. COVINGTON: Yes, sir. CHAIRMAN STRAIN: The only thing you're trying to do by referencing the pharmacy and the food center is show what part of the store the retail food is at and the retail drugs are at or whatever? MS. COVINGTON: Yes, food as opposed to general merchandising. CHAIRMAN STRAIN: Okay. Do you know who designed this building? MS. COVINGTON: Yes. The architect's firm that I work for; BRR Architecture. CHAIRMAN STRAIN: Okay. So the owner has paid to have this designed. I mean, I know the answer is yes. I want you to tell me for the record. MS. COVINGTON: Yes, sir. CHAIRMAN STRAIN: So you guys designed this building? MS. COVINGTON: Yes. Page 22 Uj December 7, 2006 CHAIRMAN STRAIN: Okay. That's all the questions I have. Are there any others? (No response.) CHAIRMAN STRAIN: Staff report then? Thank you, Miss. MS. COVINGTON: Thank you. MS. VALERA: Carolina Valera, principal planner with the department of zoning and land development review. As noted in the staff report, we have done an analysis of all the guidelines that are listed in the LDC to grant variances by the board. In summary, we believe that there are no ameliorating circumstances in this case, in this variance, and that there are -- there's -- the objectives of design in the LDC, there's no special circumstances that ameliorate those. And as noted in the staff report, we recommended a denial of this petition. Do you have any questions? CHAIRMAN STRAIN: Okay. Any questions of staff? (No response.) CHAIRMAN STRAIN: Carolina? MS. VALERA: Yes. CHAIRMAN STRAIN: Was there a set -- a minimum setback that this building could have been set back from either Cormorant Drive (sic) or Immokalee Road? MS. VALERA: Yes. CHAIRMAN STRAIN: What is that? MS. VALERA: It's a PUD. I don't know for sure. For C5 is 25 feet. But it definitely will be much more closer to the Cormorant Road (sic). CHAIRMAN STRAIN: Okay. The fact that they've placed their building way, way in the back of the lot and put all their parking our in the front, was that a choice that they made, or was that a demand by county regulation that it be that way? Page 23 December 7, 2006 MS. VALERA: There was a -- there is a requirement to have -- not to have all the parking on the front, so actually they had to split the parking between the parking that's fronting Immokalee Road and Cormorant Road. They could have chosen to even move further, the building, to the west and locate some parking on the east side or south. I mean, there was -- essentially there was room to move the building and have parking in other places, yes. CHAIRMAN STRAIN: Okay. So they could have moved the building closer to either one of the roadways if they wanted to rearrange their parking? MS. VALERA: That is correct. CHAIRMAN STRAIN: Okay. Under the LDC, section 904.00, the various conditions that they're asking about, I reviewed number one, and it talks about special conditions and circumstances. They point out that they wanted to provide adequate direction within a development as one of their reasons, but I notice there's -- basically after hearing some responses here today, there are only two or three directional signs requested out of all the ones that they're requesting for. The rest then, to me, if they're not directional, they seem more advertising in nature. Number two talks about special conditions and circumstances that do not result from the action of the applicant. And they're talking about the shape and the size of the structure and development conditions -- or special development conditions, but yet it seems that placement of that structure, the shape and size, is more from their doing than regulation; would that be a fair statement? MS. VALERA: Yes. Yes, it is. CHAIRMAN STRAIN: Number three, where literal interpretation of revisions of the zoning code work unnecessarily an undue hardship on the applicant and create practical difficulties on the applicant; again, they go into saying that it's a directional issue of which I only see a small percentage of the signs directional. Page 24 161 . December 7, 2006 Then they go into saying that the building signs is not -- for the potential that customers will not be able to easily identify the development and the uses within if they don't have this signage. I guess that would apply to every single use within the building then and who needs what. And I don't know if we -- I don't know of any building in our county that advertises all the uses within each building. MS. VALERA: No. And let me clarify that directional signs are not counted as part of the signs that are permitted by the code, so they are in addition to what we permit. So the enter and exit signs, we don't count them as part of the amount that we already restrict. CHAIRMAN STRAIN: Okay. They have a statement that says, the variance requested will not confer onto the petitioner any special privilege that is denied to other lands, buildings or structures in the same zoning district. Did you understand what that meant? Maybe you can explain it to me. I'll read it again. It's number six. The variance requested shall not confer on the petitioner any special privilege that is denied to other lands, buildings or structures in the same zoning district. I'm -- it seems to be talking -- says is not -- any privilege that is denied to other lands. Have other -- are we denying something to other people? MS. VALERA: No, no. CHAIRMAN STRAIN: That just didn't make sense. Number seven, they're talking about it being safer to have those signs -- this signage, yet I've read numerous articles on the Internet by the National Transportation Safety Board in the Virginia Tech Transportation Institute where 85 percent -- or 80 percent of crashes and 65 percent of near crashes involve some form of driver inattention, and they listed the uses of -- the causes of inattention. Obviously the most prominent is cell phones, and that's a whole separate issue that ought to be regulated. Page 25 December 7, 2006 But they also say that reaching for a moving object inside the car or looking for an object outside the vehicle were far more likely to cause an accident than talking on a cell phone. And then the objects outside the vehicle they're speaking of, they list things such as signage and things like that, and street signs even was one. So I really think that the argument that there's needed signage is more safe, I think actually is less safe to have the public distracted by so many signs. I don't know if staff weighed in on that when they reviewed this document or not. MS. VALERA: Definitely on the side that the LDC -- you know, those are the considerations of the Land Development Code, health, safety and welfare of the people. CHAIRMAN STRAIN: Okay. And number eight, they believe -- they have acknowledged there are no natural conditions or physically induced conditions that ameliorate the goals and objectives of a regulation such as natural preserves, lakes, or golf course, et cetera, meaning that there isn't anything there created by nature that caused them any hardship, so I would have to agree that there isn't, so they don't have an excuse in that regard. And number nine, will granting the variance be consistent with the GMP. They believe it is due to the information and the directional nature. I have -- based on the testimony here today, it seems that only three of those signs could be considered directional. And as far as the informative nature, the Growth Management Plan is a document built around public safety and welfare. And if more information on advertising and signage creates a less safe environment, as some studies have indicated, I don't see where that is consistent with the GMP. MS. VALERA: And again, the provisions we have in the Land Development Code are based on the GMP, sir. CHAIRMAN STRAIN: Okay. Anything else? Any questions of staff? Page 26 December 7, 2006 COMMISSIONER SCHIFFER: Just one, Mark. CHAIRMAN STRAIN: Mr. Schiffer. COMMISSIONER SCHIFFER: I think one argument they have that is kind of true is that this building is essentially three and a half times -- I mean, this is a big building -- the minimum code. So essentially someone could build three buildings out there and have three times the signage that's existing now, correct? So the argument they make -- that they do have a very large building and they have the signage of a building quite a bit smaller. MS. VALERA: That is correct. And, again, the provisions of the Land Development Code are, you know, for all buildings in the county. Any changes will require an amendment to the code. But within the requirements of our code, we -- you know, through the amendment process, we considered all those issues, meaning, you know, from very small buildings to very large buildings. And the result of our sign code requirement is, you know, based on what was approved. COMMISSIONER SCHIFFER: And the threshold is 60,000 feet and above, and this thing's, again, like three and a half times the size of that. MS. VALERA: Understood. COMMISSIONER SCHIFFER: Okay. Thank you. CHAIRMAN STRAIN: Any other questions of staff? Okay. COMMISSIONER MURRAY: I just -- CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Not to take issue with my commissioner friend Mr. Schiffer, but it occurred to me that when a circus comes to town, they may have 19 tents, but they use one identification, circus. So I don't know. CHAIRMAN STRAIN: Okay. Thank you, Carolina. Ray, do we have any public speakers? MR. BELLOWS: No one has registered. Page 27 161 1 B December 7, 2006 CHAIRMAN STRAIN: Okay. Is there any closing comment requested by the petitioner? MS. COVINGTON: No, sir. CHAIRMAN STRAIN: I see the head movement indicating the negative. With that, we'll close the public hearing. Open for motion and discussion by Mr. Kolflat? Do you have discussion or motion? COMMISSIONER KOLFLAT: Discussion, CHAIRMAN STRAIN: Okay. Go ahead, sir. COMMISSIONER KOLFLAT: A few things I wanted to reiterate. The number of signs that are requested are 22, which we established earlier in the questioning, and the permitted signage is number three on our Land Development Code. This is six times the number of permitted signs that are in the code presently. The display area requested is 690 square feet compared to 250 feet that is the -- permitted in the LDC. This is about four times the area of permitted that is requested. The petitioner contends that this signage is necessary to provide external identification and direction to services and goods within the building. This is not necessary as evidenced by other mega merchant structures such as Home Depot, Costco, Lowe's, Coastland Mall, et cetera, which do not have external signs identifying internal services of goods. The petitioner also contends that the additional signage provided an equivalent opportunity to be identified as a merchant compared to other businesses. In light of the universal name recognition of Wal- Mart and services and goods, this argument lacks merit, in my opinion. In reviewing the matter of the case, I concur with many of the issues, items, that the chairman developed as far as criteria necessary to grant the variance. I would also add that as far as the literal interpretation, our 0-MR96 16 1 B December 7, 2006 county attorney, Jeff, has written, and I quote, for purposes of supporting a zoning variance, a legal hardship will be found to exist only, only, in those cases where the property is virtually unusable or incapable of yielding a reasonable return when used pursuant to the applicable zoning. This level of hardship is not reached since Wal *Mart has been and is in commercial operation. Granting the variance will also confer on the applicant a special privilege that is denied to other lands, buildings or structures of the same zoning district to obtain the amount of signage they are requesting. That's all the comments I have. CHAIRMAN STRAIN: Thank you, Mr. Kolflat. Mr. Tuff? COMMISSIONER TUFF: Oh, I'm just ready for a motion if you're ready. COMMISSIONER MURRAY: That sounded like a motion. CHAIRMAN STRAIN: Mr. Adelstein had indicated he's ready as well, so let -- Mr. Adelstein doesn't get a chance to say many motions, so let him start, and, Mr. Tuff, if you want to second. COMMISSIONER ADELSTEIN: I move that AR -9962 be forwarded to the Board of County Commissioners with a recommendation of denial. COMMISSIONER KOLFLAT: I second. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein, seconded by Commissioner Kolflat. Marjorie, do you have a comment? MS. STUDENT - STIRLING: Yes. Commissioner Adelstein, if you would just state for the record what provision or provisions that motion's based on for the record. COMMISSIONER ADELSTEIN: Each of the items that was said by Mr. Strain just before I made that motion. MS. STUDENT - STIRLING: Thank you. WMW December 7, 2006 CHAIRMAN STRAIN: Mr. Tuff? COMMISSIONER TUFF: I would have comments if we have a motion. CHAIRMAN STRAIN: We're going to get into that, yeah, because I have comments as well. Go ahead, Mr. Tuff. COMMISSIONER TUFF: Well, just that, one, I don't think it's just a -- go with denial. I would venture to say that we should approve with some of the four signs that they'd mentioned, garden center, food center, retail center, and the pharmacy drive -thru, because it is a service to people. You walk in there, where do I go? And like we did with the hospital, we had many directional areas, and I believe four of those are legitimate, and it would be a disservice to this community, one, to not allow some of those. And two is, you know, we can sit there and -- you know, we don't have a good reputation of letting people have good commercial and exchange, and I think one more example is where we just said, no way, we're not going to do anything. I believe the purpose of four of those signage is appropriate, so I'd like to have it approved. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: And I kind of go along with the same thing. I think if this motion fails, I'd like to make a motion that would go through and actually pick some of the signs that are necessary. I think one, the "pharmacy" over the drive -thru is necessary. CHAIRMAN STRAIN: And my objections, as I stated earlier, were in regards to the majority of the signs. During the motion phase I was going to indicate that, through the questioning of the applicant, the directional signs, I think three of them make sense. I don't think there's any need for a sign that says retail. Every store in the county is going to be assumed to be retail. Now, if it was a wholesale store and they wanted to say wholesale, then I would think that might be a little more appropriate, Page 30 1611 8 December 7, 2006 but to have a retail sign on a retail store when 99 percent of the stores are retail means everybody in the county should be able to put up one that says retail on it, which would be a waste of our energies and time. So I -- Mr. Tuff, I concur with all but one of yours. I think that the food center and the pharmacy drive -thru and the garden center are appropriate designations based on the size of the parking lot so that the public can generally find their way into the building without having to park on one end and have to walk to the other, and that is -- would be difficult for some people who have trouble moving that way. COMMISSIONER ADELSTEIN: I will accept those three on the motion. CHAIRMAN STRAIN: I wanted to make sure we had all the discussion done just in case there was any more. But Commissioner Adelstein has accepted as an amendment to his motion that we accept the direction signs titled food center, pharmacy drive -thru and garden center. COMMISSIONER TUFF: Can you except on a denial, on a recommendation of denial? COMMISSIONER ADELSTEIN: Except -- except for those items, the denial. COMMISSIONER TUFF: But you've got to do it the opposite way. CHAIRMAN STRAIN: Ms. Student, what he's doing is recommending denial except for those three. Do we need -- MS. STUDENT - STIRLING: I think what would be better would be to make a motion to approve what you want to approve and then a motion to deny the rest. I think it's clearer that way -- COMMISSIONER ADELSTEIN: Okay. MS. STUDENT - STIRLING: -- and you have a clear action of the board. CHAIRMAN STRAIN: Okay. So Mr. Adelstein, in order to clean this up and try to work with what's been started, your motion to Page 31 l 6 December 7, 2006 deny then would be deny all the requested variances with the exception of the one for food center, pharmacy drive -thru and garden center? COMMISSIONER ADELSTEIN: That's correct. CHAIRMAN STRAIN: And then we would have another motion after that for those three. MS. STUDENT - STIRLING: That makes it clear. CHAIRMAN STRAIN: Is there a second to accept the motion maker's change? COMMISSIONER KOLFLAT: I'd like to make a comment on the standards and deviations, if I might? CHAIRMAN STRAIN: Are you the second? COMMISSIONER SCHIFFER: He's the first. COMMISSIONER KOLFLAT: No, I was the second. CHAIRMAN STRAIN: Before you make the comment, can you COMMISSIONER ADELSTEIN: You were the second, weren't you? CHAIRMAN STRAIN: We need to get a second -- we need to acknowledge your second on this. Can you do that or not? COMMISSIONER KOLFLAT: Acknowledge? CHAIRMAN STRAIN: Mr. Adelstein is trying to amend his motion, and basically his motion would say he's recommending denial for all the elements of the signage except for the one titled food center, pharmacy drive -thru and garden center. As the second, would you accept that amendment to the motion? COMMISSIONER KOLFLAT: No. CHAIRMAN STRAIN: Okay. Well, that puts us -- COMMISSIONER ADELSTEIN: Is there another second? CHAIRMAN STRAIN: I was going to say that. Is there another COMMISSIONER VIGLIOTTI: I'll second. Page 32 1611 1 December 7, 2006 CHAIRMAN STRAIN: Okay. So now Mr. Vigliotti's seconded the new motion. Now Mr. Kolflat, your discussion. COMMISSIONER KOLFLAT: Well, what bothers me on this whole thing, this is a continuation of deviations that we've been looking at in the past meeting. Now, incorporation and utilization of sign standards in the LDC include the knowledge that was researched during development of the standards. Employment of standards also eliminates extensive debate and deliberation by staff and review boards to determine the number of (sic) sizes of signs for each and every petition. Standards also ensure uniformity and consistency throughout the county; therefore, deviations should only be accepted if supported with strong and compelling reasons. If we aren't going to enforce standards, we should eliminate sign standards from the LDC and have staff spend time and effort to design the acceptable signs for each and every petition. So I feel strongly that we ought to enforce the standards as they exist now and take action to amend them if they should be expanded to cover other situations. CHAIRMAN STRAIN: Thank you, Mr. Kolflat. The motion that is currently on the table is a recommendation of denial of all the variance requests except for the ones involving food center, pharmacy drive -thru and garden center signage. That's been made and seconded. Is there any further discussion? (No response.) CHAIRMAN STRAIN: Hearing none, we'll call for a vote by -- COMMISSIONER TUFF: Before you do that -- CHAIRMAN STRAIN: Mr. Tuff? COMMISSIONER TUFF: -- I heard that we weren't supposed to vote it that way. And if I'm correct -- we were supposed to deny his Page 33 December 7, 2006 and make a new one for approval with just these, is what I heard. MS. STUDENT - STIRLING: Well, that's correct, and that makes it clear in the denial what you're excepting out so you can approve the rest of it. CHAIRMAN STRAIN: We're going to go to the second -- we've got to go to two motions basically. The first motion is a denial of the ones that are unacceptable. The second motion will be for recommendation of approval of the three or four that are. COMMISSIONER TUFF: Gotcha. CHAIRMAN STRAIN: So we're still on the first one denying those that are not acceptable. With that, Mr. Schiffer? COMMISSIONER SCHIFFER: This is just a discussion, and it's down to the retail center one. Unfortunately, the way the building's designed, they have a really grand entrance that doesn't have an entrance, and to the sides of the building is where the entrance is, so I wouldn't mind if we just put the word enter or something on that one just because there is a tiny little door under the big grand portico, and I see nothing wrong with putting something on that wall. It doesn't have to be low prices, certainly. Retail center could be too big, but just enter. CHAIRMAN STRAIN: I'm not sure Brad that we are here to review or redesign their request other than to either accept or reject what they've provided. And if they want to come back in with another variance request for another item there, then maybe that's something that would be cleaner to take through staff review. COMMISSIONER SCHIFFER: I mean, we're going against staff anyway on everything because staff recommended denial of the whole thing, so -- anyway, my thought is that -- and we don't have to do it -- it's up to the motion maker -- that we add the word enter where they show the word low prices. You can say no. CHAIRMAN STRAIN: This is for Carolina. Didn't you tell us Page 34 December 7, 2006 some of the directional signs are not part of the sign ordinance, so they could -- MS. VALERA: Right. Directional signs are not counted towards the maximum allowed. CHAIRMAN STRAIN: I mean enter the building. You know where they have low prices? MS. VALERA: Right. The word enter is a directional sign and it wouldn't be counted as part of the signs. COMMISSIONER SCHIFFER: Oh, they can do that. Okay, never mind. CHAIRMAN STRAIN: Okay. Now, Mr. Adelstein, did you have a comment? COMMISSIONER ADELSTEIN: Yes, I do. The motion I made was to deny all of these items except. I don't see any reason for two motions. Except the three that we are approving, so it is one motion. MS. STUDENT - STIRLING: Well, it just leaves it up in the air. COMMISSIONER ADELSTEIN: What's up in the area? CHAIRMAN STRAIN: Whoa, whoa, whoa, wait a minute, wait a minute. It's not going to hurt for us to take two minutes and make a second motion, so let's just get done with this one and make the second motion and get over this. MS. STUDENT - STIRLING: It may be a bit conservative, but the record's clear then. And I think it's -- you know, nothing's lost by it. CHAIRMAN STRAIN: Right. Okay. Now, with that discussion, all those in favor of the motion that's going to recommend denial with the exception of the three stated, signify by saying aye and raising your hand. COMMISSIONER CARON: (Raises hand.) CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. Page 35 31 December 7, 2006 COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: (Raises hand.) CHAIRMAN STRAIN: One, two, three -- five, six in favor. All those against? COMMISSIONER KOLFLAT: (Raises hand.) COMMISSIONER ADELSTEIN: (Raises hand.) CHAIRMAN STRAIN: Two against. Motion carries, 6 -2. Now, is there a second motion regarding the remaining three signs that were excepted out of the first motion? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Mr. Adelstein, are you making a motion to approve or deny? COMMISSIONER ADELSTEIN: Making a motion to approve what you've just stated. CHAIRMAN STRAIN: Mr. Adelstein, you're making a motion to approve the three signs, food center, pharmacy drive -thru and garden center; is that correct? COMMISSIONER ADELSTEIN: Correct. CHAIRMAN STRAIN: Second? COMMISSIONER TUFF: I would second that. CHAIRMAN STRAIN: Mr. Tuff seconds that one. Now, is there any discussion on the second motion? Mr. Kolflat? COMMISSIONER KOLFLAT: Yes. I'd like to ask Margie, we should follow, as I understand it, section 9.04.03 in the LDC in granting a variance, and unless we do that, we're not in concurrence with LDC; is that correct? MS. STUDENT - STIRLING: Yes, but it's up to the board to make its findings based on the testimony here and those criteria that are listed in your staff report, and the board makes the finding of whether those criteria are met or not. COMMISSIONER KOLFLAT: Well, I'd want to reiterate then, I Page 36 .n 6 December 7, 2006 might even restate, what our chairman gave as reasons for denying the motion and these identify -- are identified in 9.04.03, A through H. Under A, there are no special conditions peculiar to the location, size and characteristics of land or building involved. The LDC already includes provisions that allow extra wall signs and sign display areas for different size of buildings. That also was cited by the chairman. Item B, there are no special conditions resulting from the actions of others, such as the county, that support the variance request. The maximum allowed number allowed in displayed areas in this LDC are the same as when the existing building was permitted and built. C, a literal interpretation of the LDC will not work an unnecessary hardship on the applicant. In judging what constitutes an unnecessarily hardship, I gave you a recital of that from our attorney. Granting the variance will confer on the applicant a special privilege that -- such as more signs than what is permitted that is denied to other lands, buildings or structures in the same zoning district. This also was mentioned by our chairman. Granting the variance would make the structure incompatible with the other commercial or residential surroundings. The majority consisting of 13 signs of the 22 will be on the sole west facade along the park roadway and give the appearance of a consolidated strip mall. I feel that all of these support denial rather than approval. CHAIRMAN STRAIN: Okay. Is there any other further discussion? (No response.) CHAIRMAN STRAIN: As far as my position on this, 9.04.03 has the following language: Before any variance shall be recommended for approval to the Board of Zoning Appeals, the Planning Commission shall consider and be guided by the following standards in making a determination. They are not absolutes. And in the case that I'm -- my reasoning behind this is that those Page 37 December 7, 2006 three directional signs will benefit the public, especially the public that may be elderly or handicapped from parking in a right direction and getting into the store with the least amount of distance to have to be traveled, especially a store that's as big as this. That, to me, is a unique circumstance. If every big box in this county was laid out the same way, had three or four different openings and wanted to put a sign above each opening to be a little more specific, I think that's an advantage to the public in that parking lot, not a disadvantage. So I do appreciate, Mr. Kolflat, your concerns, but I think for those three signs, this is a unique exception and I think it is allowable, and I'm going to go along with the motion to allow it. So is there any other discussion? (No response.) CHAIRMAN STRAIN: All those -- signify by saying aye and raising your hand, all those in favor? COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Five, six, seven. All those opposed? COMMISSIONER KOLFLAT: (Raises hand.) CHAIRMAN STRAIN: One. Motion carries, 7 -1, okay, thank you. Appreciate it. We're all finished with that one. Item #8B PETITION: RZ- 2006 -AR- 10150, BUCKSTONE ESTATES. LLC 16 1 1 9, December 7, 2006 We will now move on to the second item on the agenda. Petition RZ- 2006 -AR- 10150, Buckstone Estates, LLC, for a project known as Scenic Woods along the south side of Wolfe Road, approximately one -half mile west of Collier Boulevard. Will all those raising -- wishing to have testimony in this regard, please rise and be sworn in by the court reporter, court recorder. (The speakers were duly sworn.) CHAIRMAN STRAIN: Terri, are you a reporter or recorder? THE COURT REPORTER: Court reporter. CHAIRMAN STRAIN: You're a reporter. Thank you. Anybody have disclosure items? I met with Mr. Yovanovich and discussed this issue. We went over the size of the project and the density that's involved and its relationship to other projects in that area. Okay. Hearing no other, Mr. Yovanovich, are you going to be making the presentation? MR. YOVANOVICH: Sure. CHAIRMAN STRAIN: You're walking away. You don't know the routine here yet? MR. YOVANOVICH: I didn't know you were going to be that quick. CHAIRMAN STRAIN: Well, you were really short in your conversation. I don't remember too much of what we said, but that's about the sum of it. MR. YOVANOVICH: Good morning. For the record, Rich Yovanovich on behalf of the applicant. Also with me are Bill Hoover and Jeremy Sterk with Hoover Planning that can answer any additional questions you may have regarding the project. On the visualizer is the location map for this small rezone. It's actually a straight rezone and not a rezone to a PUD, which is just a little bit different than you normally see. The parcel is 4.61 acres and will front both Pristine Drive when it's completed and Tower Road Page 39 '@ 6 1 0 Decem er ' , 406 when it's -- not Tower Road -- Wolfe Road when it's completed. It was formerly part of an application to amend the Wolfe Creek PUD, but due to delays we had in going through the county process, we ended up losing the contract on the Comcast parcel so withdrew this 4.6 -acre parcel from the Wolfe Creek PUD and are going it alone on this particular rezone request. It's a rezone request to go to an RMF -6 with a density cap of four since it's in the -- that's the maximum density you can get under the comprehensive plan without asking for any bonuses, and we're not asking for any bonuses, so we're asking for a cap of four units per acre. The anticipated development on the property will possibly be either nine single- family homes or 18 twin villas, but we want the flexibility to do multifamily if we have to on that property. The density is four units per acre. It's similar in compatibility to the Alias Brothers project to the north and the overall Wolfe Creek project to the south and surrounding us. The entry will be off of Pristine Drive. And that's the general overview. Your staff is recommending approval. It's a small little infill project that's not going to generate a lot of traffic in the area. The roads are all contracted now for construction. And by the time we probably get going, they'll either be completed or real close to completion, especially Vanderbilt Beach Road. And with that, we'll answer any questions you may have on the proj ect. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: What is the square footage of the homes that you intend, especially if they're -- I guess there would be, what -- the two- family homes would be what? What do they call those, coach homes or something? MR. YOVANOVICH: Well, the -- if we do twin -- it'd be twin lE l B December 7, 2006 villas. COMMISSIONER MURRAY: That's the word I'm looking for. MR. YOVANOVICH: Commissioner, we have not gone that far into the design of how big will the buildings be or how -- you know, we don't know the footprints right now at this point. COMMISSIONER MURRAY: Well, my concern was, is that since you indicated it was a small, little infill project, I was hoping that we would, you know, keep the community up there with adequate space for folks and not have small little homes in a small little infill area. That was my only concern. MR. YOVANOVICH: It will be compatible. If you'll notice, the individuals who are developing Wolfe Creek are also the individuals who will be developing this little infill parcel, so we would want to make sure that we didn't do anything would hurt that. COMMISSIONER MURRAY: That was my central point. And the other question that I have is, in the area that's marked as retained recreated preserve, is that -- is it the intent to have water be placed into that as well? Is that going to be a -- MR. YOVANOVICH: No. COMMISSIONER MURRAY: No, good. Thank you. Those are my only questions. CHAIRMAN STRAIN: Are there any other questions of the applicant? Mr. Adelstein? MR. ADELSTEIN: I must have missed it somehow. I thought I read that the square footage would be 550 or 750 square feet in the units, when I went through this. MR. YOVANOVICH: I don't recall seeing that anywhere. CHAIRMAN STRAIN: There is a minimum square footage for the zoning district, but they can be anything above that. I think that's where Mr. Murray's concern was. COMMISSIONER ADELSTEIN: That's why I caught it too. Page 41 December 7, 2006 CHAIRMAN STRAIN: Any other questions of the applicant? (No response.) CHAIRMAN STRAIN: This is unusual, Richard. You're going to go through this smoothly. Is there a staff report? MS. DESELEM: Good morning. For the record, my name is Kay Deselem, and I'm a principal planner with the zoning and land development review. Hopefully you do have the staff report in front of you. And we are recommending that this project be found consistent with the Growth Management Plan, compatible with the neighborhood, and we are recommending approval. If you have questions, I'd be happy to address them. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Kay, my only question is, the calculation of native vegetation, they take the gross area of the site, they reduce from it an existing house. What is -- is that how we do that, or what is that from? MS. DESELEM: That sounds logical, but to be perfectly honest, I don't know. I don't recall right off the top of my head. I'd have to go back to the LDC and see exactly how it's to be calculated. CHAIRMAN STRAIN: Isn't it a percentage of the remaining natural vegetation? MS. DESELEM: That's what I'm trying to come up with. CHAIRMAN STRAIN: That's why they would take the house out then. MS. DESELEM: Yes, it's -- for native vegetation it's if and where it is, so they can only count it if it's there. So it wouldn't include a house or a building pad because that's not native vegetation. COMMISSIONER SCHIFFER: Okay. So you're taking the gross area of the site which is totally vegetated, subtracting that portion of it that isn't vegetated and then coming up with 10 percent of Page 42 161 1 9 December 7, 2006 that. Obviously there's Wolfe Road in there, too, but Rich can answer that. MR. YOVANOVICH: Since there's an existing house, we're entitled to clear one acre for that existing home. Apparently the previous owner cleared more than one acre, so we will actually be revegetating because there was extra clearing done by that property owner. And that actual calculation will happen at platting or SDP through your environmental staff. COMMISSIONER SCHIFFER: Okay. So the 10 percent is not 10 percent of the lot; it's 10 percent of the natural vegetation? MR. YOVANOVICH: It's 10 percent of the existing native vegetation. But since this particular homeowner cleared too much, we're going to have to recapture some of what was cleared. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Any other questions of staff? Kay, I have one, and I should have checked this. I didn't get time. In the RMF -6 district, what is the max -- how is the maximum height defined? COMMISSIONER MURRAY: Thirty -five. MS. DESELEM: How is it defined? CHAIRMAN STRAIN: Yes. Is it -- MS. DESELEM: It's not defined any differently in that zoning district than it would be in any other. CHAIRMAN STRAIN: Okay. How is it designed (sic) in any other? Is it by feet or by stories? MS. DESELEM: I believe it's by feet. CHAIRMAN STRAIN: Okay. Because the applicant's transmittal response to questions said they were going to limit it to two stories, but it's actually 35 feet. MS. DESELEM: That's correct. MR. BELLOWS: For the record, Ray Bellows. It also states so in the staff report, a maximum building height of 35 feet. Page 43 1� 1. 1 B December 7, 2006 CHAIRMAN STRAIN: Okay. I just -- the applicant's response of two stories, I wanted to make sure we were consistent with the height restriction of that district. That's fine. Ms. Caron? COMMISSIONER CARON: Is there any difference between RMF -6 and RMF -4? MS. DESELEM: What they're doing in this case is they want to use the property development regulations of the RMF -6, which gives them more flexibility on the site, but they've agreed to limit it to four units per acre. COMMISSIONER CARON: What are the differences? MS. DESELEM: I'd have to go, again, and look specifically at the LDC to tell you exactly what they are, and I don't have it in front of me. MR. BELLOWS: For the record, there is no RMF -4. There is only RMF -6 and up so -- but they want to limit their density to four units per acre. CHAIRMAN STRAIN: And Kay, if they had come through as a -- say they had combined this with enough acreage to come through as a minimum PUD, would they qualify for the four units per acre? MS. DESELEM: Yes, that's base density. CHAIRMAN STRAIN: Right. I just wanted to -- I wanted you to say that for the record. Thank you. MS. DESELEM: Sure. CHAIRMAN STRAIN: Anything else of staff? (No response.) CHAIRMAN STRAIN: Okay. With that -- Ray, are there any public speakers -- Mr. Vigliotti, you -- COMMISSIONER VIGLIOTTI: Motion. CHAIRMAN STRAIN: Do you have any other public speakers, Ray? MR. BELLOWS: Nobody has registered. Page 44 16 ! 1, 7, December 7, 2006 CHAIRMAN STRAIN: Okay. Any rebuttal needed by the applicant to all the negative things said about the project? MR. YOVANOVICH: No. I just wanted to clarify. The reason we want the RMF -4 (sic) is so we can do the twin villas. If you went RSF -4, you couldn't do the twin villas. That was the reason. CHAIRMAN STRAIN: Okay. With that, we'll close the public hearing. Ms. Caron? COMMISSIONER CARON: I just had a comment. The reason that I asked about RMF -4 versus RMF -6. I knew that there was no RMF -4, however -- MR. BELLOWS: Okay. COMMISSIONER CARON: -- I don't understand the point of not having an RMF -4 when the base density is limited to four units an acre. And we should have that category because what happens 20 years from now when this site is -- or 25 years or 30 years from now, they come back and the applicants will say, well, but I have a base density here of six. I may have only built -- somebody 20 years ago may have only built four, but I have a base density here. I'm entitled to six. And we've seen it happen -- CHAIRMAN STRAIN: Ms. Caron, I can tell you -- COMMISSIONER CARON: -- before, so -- CHAIRMAN STRAIN: I can tell you for sure, if you go onto the county zoning maps and the website, this annotation will change to an RMF -6 with a little notation above it -- COMMISSIONER CARON: That it's four. CHAIRMAN STRAIN: -- that will have a little numeric and that numeric is on the recorded documents, will always tell everybody what the zoning is there. COMMISSIONER CARON: Understood; however, you've seen it happen on more than one occasion when it's been actually RMF -16 when it was only built out to four or eight or six or whatever it was, and people have come back and said, but I really should be entitled to Page 45 I a 1 0 December 7, 2006 more -- CHAIRMAN STRAIN: And I -- COMMISSIONER CARON: -- after the fact. And so I'm just saying, you know, I think we should have a category that says RMF -4 if that's what the base zoning in the district is. CHAIRMAN STRAIN: In those instances I think people would come back and say 16, may have not been processed as a lower density reference, which this one is specifically being processed this way. Ms. Student, did you have a response? MS. STUDENT - STIRLING: I was just going to offer a bit of history. These are zoning categories that were carried over from ordinance 82 -2, but when the new land code was done in 1991, there was a specific reference in each zoning district that the density was governed by the density rating system in the comp. plan, so it be would rather disingenuous for someone to make that argument under that district, because in each district it refers back to the density rating system. And again, I think the reason the six is there and some of the other numbers is because it's a carryover from 82 -2, and it probably would be a good idea just to have the numbers match to make the change. COMMISSIONER CARON: Yeah, okay, thank you. CHAIRMAN STRAIN: Thank you. Okay. Now we'll close the public hearing and entertain a motion. Is there a motion? COMMISSIONER VIGLIOTTI: I'd like to make a motion -- CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I'd like to make a motion for approval. CHAIRMAN STRAIN: Is there a second? COMMISSIONER MURRAY: Yes. A December 7, 2006 CHAIRMAN STRAIN: Motion made by Mr. Vigliotti, seconded by Mr. Murray. case. Any discussion? (No response.) CHAIRMAN STRAIN: This will go down as Richard's easiest All those in favor of the motion, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries, 8 -0. MR. YOVANOVICH: Thank you. CHAIRMAN STRAIN: It's getting close to Christmas, Richard. MR. YOVANOVICH: I was going to refer to you as Scrooge earlier because of your earlier comments, but I wanted to wait till we were done. CHAIRMAN STRAIN: Okay. The other three cases for today have been continued. Item #9 OLD BUSINESS CHAIRMAN STRAIN: Under old business we have nothing, but we did receive a distribution by staff of what's being presented to Page 47 December 7, 006 the Board of County Commissioners on Tuesday regarding population methodology. I notice Mr. Weeks is not here, since he was the one that wrote this, I would assume. MR. COHEN: For the record, Randy Cohen, Comprehensive Planning Director. Mr. Weeks did the initial draft. I modified it as well, and I'm here to address his executive summary as well as go over some additional items for you which you addressed in the AUIR and to explain to you what's in the executive summary, go through it step by step, as well as some additional items that could clarify for you where we're going with some items with respect to seasonal population. I would like to do this fairly slowly and deliberately as well. CHAIRMAN STRAIN: Okay. Go ahead, Mr. Cohen. MR. COHEN: First of all I wanted to start with page 1 of the executive summary that was provided to you. Just to let you know that what has transpired is that the Department of Community Affairs reviewed the existing population methodology which is set forth on page 1 in paragraph 3, which deals with an October 1 permanent population, the peak season population. And the way it was calculated was 67 percent of the October 1 permanent population plus 33 percent of the peak population. What, in essence, that did, just to give you an idea of how that kind of translates, it takes 67 percent of the permitted population, but when you use that formula -- and this is where DCA had its little problem with what was going on -- all it did was account for 11 percent of the seasonal population that existed in Collier County. They looked at the formula and said, it doesn't make any sense. Why aren't you just giving us an absolute figure with respect to seasonal population? This formula has no merit. Where did it come from? We found it kind of ironic that that statement was made because b December 7, 2006 it's the same methodology that was proffered to them in 2003, which they accepted as a sound professional, accepted professional methodology; however, as part of the EAR -based amendment process and future CIEs, they had the right to revisit it. They've chosen to do so this time, which is their right under chapter 163 and also 9J -5 of the Florida administrative code and determined that it wasn't a professionally accepted population methodology, which is their right to do so unless we challenge it. To be very frank with you in looking at the formula, myself and Mr. Weeks, even though the methodology has been utilized since 1989, we looked at it and said, well, it really didn't make a whole bunch of sense to us either in terms of the numbers that are out there. The high BEBR numbers that we're using don't reflect what's out there today in terms of what our actual growth is, and also from the standpoint of seasonal population, we've got a methodology in documentation in our comp. plan that says that our seasonal population is 33 percent. What's the rational basis for discounting it to 11 percent? We just couldn't see it. So what transpired out of that obviously, is we took a look at what's in the comp. plan, and we realized that that methodology's adopted by the board, and as a result of DCA's concern with this and the fact that they're not going to accept the methodology, where do we go from there? And we had lengthy discussions with the Department of Community Affairs, at first trying to get them to stick with the methodology as it existed because it seemed to generate numbers that were right in sync with what we were projecting long -term. They backed off of that and said, no, that's not going to be acceptable. And it took -- that took about three or four months. What we went ahead and did -- and I guess the best way of doing this is, if you look at page 2, David did a breakdown in the first three or four bullet points that are on that that kind of talked about the Page 49 161 1 December 7, 2006 increases in the units for different years and what it reflected in terms of population. And to be very frank with you, you know, those numbers came about right on point where the estimates were, where the projections were, and we were doing pretty well. And then we take a -- took a look at the 2005 building permit data and also the stuff that's transpired in 2006, and DCA looked at that as well, too, and we realized that those high BEBR numbers for the future were not going to work, and the medium numbers more or less reflected what was transpiring. And I guess the best way to explain that is, whenever you start using BEBR methodology, they use a straight line type of extrapolation methodology. And what ends up happening in high growth periods, you start going up in high growth periods like that, and at some point in time you reach a point where it starts to straighten out and flatten out, and then it completely kind of goes at, near build -out, to where it almost flattens out completely. So when you're in a high growth period, that line's going to continue to go on up. When it starts to kind of flatten out a little bit depends on -- you know, usually it depends on build -out, or in our case, we've had a downturn in an economic market. So we need to take that into consideration, which we have done and we realize that the numbers do reflect the need for some type of change. As a matter of fact, the estimates from BEBR for this year, based on the projections from last year actually reflect a decrease in 4,000 people in population over 2005. So that kind of shows you the change that's occurred based off their projection to what's actually occurring. So we need to take that into consideration. On page 2 you'll see an existing methodology and a proposed methodology, and I want to -- I want to kind of do this with a caveat because you're going to see on page 3 two graphics that are there. In the first graphic is the existing population projection. I think you Page 50 0141 rA December 7, 2006 probably ought to put that on the visualizer for the viewing audience as well, too. And you'll notice an increase that occurs, you know, a differentiation between the permanent population and the seasonal population. And then the graphic below that, if you take a look at that with the new methodology which would include a medium BEBR population compared, you know, with the 33 percent seasonal adjustment and you compare that to the existing methodology, you have a huge gap or increase in population. To be very frank with you, in looking at those numbers, we as staff have a lot of problems with those numbers. And I guess I can explain it in this way. That's a worst -case scenario. We're not going to experience that worst -case scenario. And we realize that those particular numbers, in looking at that seasonal adjustment, need a lot of work. If you go to page 4 of the executive summary, you notice under the recommendation that it says, use the BEBR medium range projections for permanent population. As a staff, we don't have a problem with that as a starting point, okay. When you go to the second point, it says, use peak season methodology only, discontinue weighted average methodology. That statement, we don't have a problem with that either, okay. When you go to three, that kind of gets to the general crux of the issue. It says, further evaluate peak season methodology for accuracy and appropriateness. Once the needed data becomes available and if a change appears warranted, bring to the BCC for direction. Right now the methodology uses the factor of 33 percent per the comp. plan. And as part of the EAR -based amendment and as part of the CIE, which you're going to see again, if we were to use that number and the numbers that you see in that graphic that's depicted up there on the visualizer, that's going to generate the need for capital Page 51 16 '1 l 0 � December 7, 2006 facilities a lot sooner than under the existing methodology. It's probably a little bit out of whack, probably a lot of, lot out of whack. And what I wanted to do was show you a few things of where we're going with this methodology in terms of where we're going, because I want to make sure that you understand that this is just a starting point for us. And as part of the EAR -based amendments and CIE, you're going to get another bite of the apple, and we don't want you as an advisory board, one, recommending a flawed population methodology and, two, recommending a CIE as part of the EAR -based amendments that's based on something that's going to cause us to either overbuild, build too soon, okay, or provide, you know, levels of service at a level that's way beyond what this community needs. So we need to give you a comfort ability factor with the methodology before we get into that year EAR -based amendment process and adjust those CIE tables. And what I wanted to do today was kind of give you an idea of where we're going first, and what DCA proposed. I'm going to run through a few things on the visualizer, and I have some handouts I'll give to you later. But just to give you an idea of where we're going to show you how these numbers are flawed. Some of this is based on some of Commissioner Strain's comments pertaining to the City of Naples and Marco Island. And I also wanted to talk about some other jurisdictions just to give you an idea of where they're at even though, apples and oranges, it doesn't matter, but just to give you an idea of how they've kind of grappled with the problems of seasonal population adjustments and where they've gone. So the first thing I wanted to do is I wanted to put up on the visualizer for everybody what DCA provided to us, which is a very generic statement. And what it says is, the county shall utilize -- and Page 52 16 1 1 December 7, 2006 it's outlined in red. It says, the county shall utilize for planning purposes the BEBR mid -range population projection as adjusted to account for seasonal population. These projections may be adjusted annually to reflect new BEBR projections or more recent information regarding seasonal population rates. Our first question was, well, DCA, what does that mean? You know, not in terms of a medium range, but in terms of seasonal population range. I mean, their comment back to us, well, you can use the seasonal population rate, you know, that you can justify. And currently in your comp. plan it's 33 percent, but if you can justify something else or something else is more appropriate, then show us. I think it's incumbent on us as a comprehensive planning staff, I think it's incumbent upon you as an advisory board and it's incumbent upon the Board of County Commissioners to use the best available data in providing them a seasonal population that doesn't reflect a worst -case scenario, which is that 33 percent figure that's in the comp. plan as it exists today. And that's kind of where I'm going with this right now to let you know kind of the track that we're on in moving forward. The next thing I wanted to show you -- and I'll put it on the visualizer -- deals with a starting point for countywide population figures. And, again, this is just a starting point, because starting points have a tendency to skew data a little bit. And we need to be really careful when we talk about countywide data because we're talking about a large geographic area as opposed to small geographic areas that are served by our public infrastructure. And it's very important to be careful. If you go down to the bottom of the -- of that particular page and you see the bold item that says, housing occupancy that's capitalized and under that you'll see under vacant housing units you'll see a total that says for seasonal, recreational or occasional use, and you'll see the Page 53 December 7, 2006 number 23.8 percent, okay? That's a starting point. That's a countywide figure. It doesn't take into account -- just as a caveat, it doesn't take into account hotel/motel units, which is a figure that we'll have to factor in as well too. So for us that's a starting point. And we looked at that and said, okay, it's a countywide figure. Is it skewed in any particular manner, and the answer to that is, yes, it is. So what I've done -- and obviously because we have some services that are not rendered in the City of Naples and City of Marco Island, I obtained the data for the City of Naples and City of Marco Island, which is on the visualizer right there, which provides, first of all, the total units in both those cities. And not only that, the number of seasonal, recreational, occasional use numbers as well too. And if you look at the number just from Marco Island, you'll see there's 14,826 units, and you've got -- almost half of those are used for seasonal use. And when you go to the City of Naples, there's almost 17,000 and 52 hundred (sic) of those are used for seasonal use. So I took that a little -- a step further, and this is just the preliminary analysis to give you an idea of where we're going because that 33 percent number, obviously, that we started with is incorrect, to say the least. So what I -- what I ended up doing is in the graphic that you see up on there right now is we started with the total housing units in Collier County. And what we decided that needed to be done is, one, we needed to discount and take out of the mix City of Naples and City of Marco Island housing units, which gave us a total housing unit figure of 112,754, and this is based off 2000 census. At the same time, you know, subtract out the seasonal housing units that are in both those jurisdictions, and come up with what I call an adjusted seasonal population for those particular areas. And you'll notice that dropped that 23.8 percent countywide percentage down to Page 54 December 7, 2006 19.4 percent. That's a significant decrease of 4.4 percent. It's obviously reflected when you look at the percentage of housing units that are seasonal within the City of Naples at 30.9, in the City of Marco Island at 48.8. That's going to definitely lower that number. So now we've obviously chopped off a good amount of it, and this is preliminary. Now we have another factor that's not -- that's shown in the mix there that needs to be brought in and that we're going to have to work in prior to bringing to you at your EAR -based amendments. The problem with that seasonal unit percentage is it assumes 100 percent occupancy. We all know from a seasonal percentage -- the seasonal unit percentage standpoint, when we looked at the total units that are out there, that 100 percent of those units aren't occupied all the time. The question is is, well, what is that factor? And I spoke to you earlier, you know, at a previous meeting, and my discussions with Dr. Smith with the Bureau of Economic Business Research, and I asked Dr. Smith specifically, I said, you know, how do we best go about doing that? And his response back to me was that the best way to do it is to do a sound statistical sample, a geographical sample of an area that's representative of your -- of your county and come up with an idea of what that vacancy rate is. I looked at my own street, you know, and I've got 22 houses on there, and, you know, three of them are pretty much seasonal units that are occupied some of the time, you know. And -- you know, they're not occupied all the time, and that just gives me an idea right away that we're sitting at a percentage probably somewhere between 10 and 20 percent. January's usually our peak month. And you look at that somewhere -- that 19.4 percent's probably -- it probably warrants being discounted another 10 or 20 percent. Page 55 16 ! I R December 7, 2006 That's something that we're going to have to work on to come up with. May or may not be able to do that before the EAR -based amendment process, but I needed you to be aware of that. The next step in the process -- COMMISSIONER MURRAY: Before we go too far -- MR. COHEN: Sure. Go ahead, Mr. Murray. COMMISSIONER MURRAY: If I may, please, thank you. About five or six pages ago you used the term recreational uses, and you said in that same document it said that hotels and motels were not included. I was trying to figure out what are recreational uses that a person is here for, what -- and what does that mean if you're -- MR. COHEN: You know, it's -- you know, to be very frank with you, Mr. Murray, it's always read that way ever since I've dealt with census data back since 1983, and whenever I've asked the question, you know, of dealing with people with the U.S. Census and dealing with the Atlanta office and DC office, it always came back to, you know, well, that's primarily just our seasonal factor -- our seasonal population factor adjustment. COMMISSIONER MURRAY: Sounds like fudge. MR. COHEN: Yeah. I really don't know why they include it in there like that, except from the standpoint that maybe it includes in it RVs, RV parks that are seasonal, along those lines, and that was an explanation that I got at one time out of the Atlanta office back in, I think the early 1990s when I posed a similar question to the Atlanta office. COMMISSIONER MURRAY: Well, what my question was, if that was inclusive of that, it would be counted again or seem to be counted again, or, perhaps, discounted -- I'm not really clear anymore now -- in the second set of numbers. So I think that needs clarification. It may be a small matter, but it may not. MR. COHEN: And I don't believe it's counted in the hotel/motel, but we'll check to make sure. Page 56 December 7, 2006 COMMISSIONER MURRAY: Okay. CHAIRMAN STRAIN: Mr. Murray, that's an interesting point, that it's kind of like fudge, because we have some up here for our break, which we'll take right now. We'll come back at 10:15 to resume this conversation. Thank you. Break till 10:15, everyone. (A brief recess was had.) CHAIRMAN STRAIN: Okay. We'll resume the Planning Commission meeting. We left off in Randy Cohen's presentation of the new population methodology. Randy, it's back to you. MR. COHEN: Okay. Mr. Chairman. Again, I wanted to reiterate that, again, this is just coming off of a starting point that's in the comprehensive plan and a method that we find to be flawed. In going back to the sheet that's on your visualizer, you know -- and this is an initial seasonal unit percentage adjustment. And, again, I wanted to reiterate that this has to be some type of adjustment factor that's going to be made to that 14.9 percent to take into account the fact that 100 percent of the seasonal units are never occupied. On a side note, I wanted to point out that -- another issue that we have to deal with. There was another approximately 5 percent adjustment that occurred on top. Well, let me stop there. One of the things that transpired in the past when we dealt with the 33 percent factor, for whatever reason, rather than using the seasonal units that was on the one sheet -- let me go back a sheet. Put that back up on the visualizer. Going down some, Ray. All the way down to -- let me see if that's the right one or not. That's the wrong one. Let me give you a different sheet here. Okay. Under housing occupancy, and move that over a little bit to the side there. Okay. One of the problems I think that originated when coming up with the original adjustment rate, for whatever reason, rather than using the Page 57 161, 1 Pi December 7, 2006 seasonal factor, the 23.8 percent that you see down there, I believe in coming up with the 33 percent that's in the comp. plan, they started with the 23.8 percent, and that's totally inappropriate because it doesn't take into account vacant housing units that are both for rent or for sale, among other vacant housing units that fall into the category that may be dilapidated, or whatever the case may be. So that mechanism was flawed as well in the inception, and I think that's an improper starting point. I wanted to point that out to this body as well too. Something that I don't have for you that we're working on is hotel/motel units within this county. We've been able to obtain a current list of hotel/motels within the county from the tourism bureau; there are 8,060 within this county. And in the past, in coming up with the total number, in coming up with that 33 percent, they factored in all the hotel/motel units. Well, we know from experience within this county, and particularly like with our water /sewer district, among other facilities as well, too, the majority of those units are in the City of Naples and the City of Marco Island. So what I have my staff doing right now is a detailed analysis of breaking down the percentage of those particular hotel/motel units and going to factor those out of the equation as well too in coming up with an adjustment factor that takes that into account to reduce that 33 percent accordingly, because it's inappropriate to include units that are not being served by capital facilities within this county. On an aside, I kind of wanted to talk to you a little bit, well, what do other jurisdictions do? Because it's kind of apples and oranges. And I just wanted to kind of point this out a little bit in terms of seasonal population. If I go up to Lee County -- because I know this body asked us, well, take a look at what Lee County does. Lee County Parks and Recreation, they don't factor in seasonal population whatsoever, for I6c,_6 er 2 6 whatever reason. That's their board's policy decision, but that's contrary to what our Board of County Commissioners has decided to do. Water and sewer up in Lee County is a totally different animal than what exists in this county, because we have a large water /sewer district that exists in this county. Up in Lee County, they have private providers all over that particular county. And what they've done in that particular instance is they use their planning communities and they actually do detailed analyses within the water -- the planning communities based on how those communities are served by those particular private entities, and they'll do a seasonal adjustment within each planning community itself. They can do that because that's their accepted methodology that DCA approved for them going back to 1989. Their concern that they have right now in talking with Paul O'Connor, who's their planning manager -- and I talked with Paul again yesterday -- is that they're just part -- they're just going through their EAR -based amendments right now, and their concern is, well, now do we have an acceptable professional, you know, population methodology? And what's DCA going to do with ours? And are they going to ask us to tweak it as well, too? Because they have different methodologies within their comp. plan. And if you recall, as part of our objections, recommendations and comments report that was associated with our EAR -based amendments, they came back and told us, Collier County, you can only have one methodology. So the question there becomes, are they going to be told the same thing, or will their existing methodology be allowed to continue? And that's a concern they have. What you'll find statewide is that the majority of the communities that use seasonal population, what they'll start with is the permanent Page 59 December 7, 2006 population figure provided through BEBR, whether it's low, medium or high, because that's the entity that's charged with the responsibility of coming up with the permanent population calculations. Some communities have challenged the use of medium. Some have used low, some have used high. In some instances DCA's accepted those methodologies just based on trends that exist within those communities. And then what they've done is they've taken a look and they've adjusted based on seasonal population within those communities. Some counties, some cities, they don't have any to speak of, and obviously we have some coastal communities that are affected, you know, across the board in a lot of ways. And in many instances, a determination has to be made by the governing board, and particularly if it's a county. When there's very large cities in there, you know, how do we factor the cities out of the equation? I think it's been the direction of this body, and probably from the Board of County Commissioners as well, why should we be factoring in seasonal population and hotel/motel rates for the City of Naples and the City of Marco Island if we're not providing services to them? As a result of that direction, you know -- you know, the staff is actually trying to factor those out of the equation and come up with something that's viable. We have to provide to DCA data and analysis that supports a reduction and something that's viable, that's tangible, that we can grasp onto. We may know something's wrong beyond the scope of what we can provide to them initially, and that's why it's very important to go back to that language that they provided to us, and that says, we need to look at it on an annual basis and we have the right to adjust is annually. Because I think what's going to transpire is that as we get into the depth of some of the questions that you've had in the past and we can't December 7, 2006 undertake some of that data and analysis immediately, there's going to be additional tweaking that needs to be done. And if we can tweak that data, okay, then we can adjust the capital improvements element on an annual basis accordingly and come up with numbers that are justified. And if we need to push facilities back in terms of that construction or timing, we can do so accordingly because we obviously don't want to build beyond the scope of what's necessary. At the same time we need to exercise an extreme amount of due caution to make sure, and particularly with respect to our public utilities, that we don't fall behind the eight ball where we run into a situation like we did in 2000 -- 2001 or 2002 where we have a sewage capacity problem and we're not able to actually address the needs of our community with respect to providing facilities that are vital for public health, safety and welfare. So there's a fine line that we need to walk, we need to err on the side of caution a little bit. And pardon the pun, a little bit of a fudge factor involved possibly in there to make sure that we don't have a problem with water and sewer in particular because it takes seven or eight years to bring a plant online. And I guess the best way -- and Mr. DeLony's not here, but if Mr. DeLony was going to talk to you, what he would say to you is, well, right now the numbers that we're showing are medium, and I've got to use medium, and I've got the seasonal rate. Well, in two years all of a sudden we have a building boom again and I've got high numbers out there, and it takes me seven or eight years to get a plant online, and I'm planning based off of medium numbers. I'm not going to be able to get that plant online if that population comes onboard sooner all of a sudden because the population has increased at a faster rate than we anticipated. So that's the concern that our public utilities people have. They have a very difficult job of making sure that they've got those plants Page 61 �y I December 7, 2006 online to make sure that they address those public health, safety, welfare issues, and it's population driven for them. Yes, it's also driven by other factors as well, too, in terms of the use of water and sewer. Also there's other factors involved as they come up with alternative sources of water, gray water being one. But they need to make sure that there's a safety net involved for them. From my perspective as a professional that's dealt with seasonal population in the past, in looking at what was in the comp. plan, I don't know where those numbers came from in the beginning, I don't know where the adjustment factors came from. That's something that happened in 1989; it's been used ever since. If you look at the methodology, for whatever reason it worked, just by chance more than anything. The seasonal population adjustment factor, obviously, is nowhere near what exists, but then again, the high BEBR numbers are not what exist. So what we're at a point in doing is, you know, we have to look again at reality, the reality being, what are those trends, and adjust them annually. And that's what that language in DCA allows us to do, at the same time, continue to tweak the seasonal numbers based on additional factors, some which we can do now, some which require additional data and analysis and go down the road. We're going to have to figure out what our peak month is. And when I say that, we talk about peak months in terms of occupancy of the seasonal units which are our housing units in conjunction with our peak month of what our -- it is for our hotel/motels. We know normally the peak season for seasonal units is January, but if I look at the data for seasonal use of hotel/motel as provided, you know, by our tourism staff in the past year, February and March were our peak months where we were about 91 percent in February, 92 percent in March, yet we only had 73 percent in January. Why? I can't tell you why, but those are the numbers, which Page 62 December 7, 2006 differentiate from what the trends are in terms of what seasonal units normally transpire with respect to housing units. So that's another thing we need to take a look at and figure out why in coming up with a percentage of what actually that peak season is in terms of total impact on our capital infrastructure. So from our standpoint, I guess what we need from you is two things: Obviously I've provided you with some information to kind of get you on the right track and get staff on the right track of adjusting that 33 percent number because we want the board to know that that 33 percent number is an incorrect number as well too and it's a worst -case scenario based on that graphic that was in the executive summary. We want some additional direction from you before we come back with the amendments as part of the CIE to tell us basically, yes, staff, go ahead and continue to make those adjustments and tweak that number in terms of seasonal population based on the fact, as you've shown us, and if you've got additional factors that you want us to consider, and if we can get that data and analysis, to tweak it further, we'll do as much as we can to get to the point. We know this is a moving target, but we don't want something out there that's pie in the sky out there, that high number, that 33 percent, when we know that that's not accurate. We need to get something that reflects as closely as possible to an accurate number knowing that at the same time we need to do some additional data and analysis but that may tweak it further. But what can we provide to DCA at this point in time? Because they're stuck on that 33 percent figure right now. We need to provide them something that basically says, we've done some data and analysis. We can bring it down to this amount right now and, I guess, get as close to those other numbers based on the previous methodology as possible, and that's the intent of our staff. We want to be as realistic as possible at this point in time based Page 63 December 7, 2006 on the data and analysis that we have. Because as the county attorney will tell you, we can't give them anything that's not supported by data and analysis. But the stuff that I've shown you today, that's adequate data and analysis based on occupancy rates and factoring out seasonal units from those particular cities that we don't serve. So it's easy to discount that factor. The hard part is me coming up with a number in terms of discounting, well, what is the percentage of those units that are occupied at one time? And I know that I need that number. And we'll try to work on getting that number, you know, before the board hears that in January. It's vitally important to this community that we deal with that number because otherwise we're going to have an inflated factor, and I don't feel comfortable moving forward with that, and I'm sure Mr. Weeks would not feel comfortable moving forward with that as well too. With that, what I'm asking you to do today is the same thing I'm going to ask the board to do; one is, consistent with DCA's recommendation is to ask us to basically verify, yeah, please use the medium BEBR numbers for permanent population, use the peak population methodology only, and more importantly to further evaluate PCs and methodology for accuracy and appropriateness. That ties into what I've just shown you there. We've started doing that. And then further, the statement is, once the needed data becomes available and if change is warranted, bring it to the BCC for policy direction. This is a starting point. The starting point being that 33 percent which is a really poor starting point but it's what we have to deal with with what's in the comp. plan to begin with. As a staff, I've taken a look at stuff, well, what can I do immediately that I know where I can get some data and analysis and I -M 16 1 December 7, 2006 can bring that number down and I can go to DCA and say, here you go, we've adjusted this figure down and this is why, and here's the data and analysis to support it. And this type of information straight from the census is a viable source that we can use to do just that. My understanding is that you may have some additional concerns of things that you would like us to look at in addition to these things, and I'm here to hear that as well too. And if we can determine those factors and get adequate data and analysis for them as well too and tweak the number even further, we'd be more than happy to do that as well too. And I know timing is very tight with respect to the EAR -based amendments and the CIE. But we'll dedicate the staff to do so accordingly and try to meet your concerns as well as the board's will. And with that I'll turn it over to any questions you may have. CHAIRMAN STRAIN: Okay. Are there questions from the Planning Commission? Mr. Tuff? COMMISSIONER TUFF: Well, let's say that we have a number that we feel more comfortable with, and we can't quite back it up yet and the DCA's saying, well, we have this number and this has been used, and you say, well, we're going to disagree with you this year because -- here's why and we'll prove it later, what's the ramifications of you just saying, that's what we're going to do, sorry? MR. COHEN: If we provide to DCA a population methodology that is not considered to be an acceptable -- professionally accepted methodology which is required by statute, by 9J -5, we'll be -- we'll more than likely see a notice of intent to find our comp. plan in noncompliance, and the CIE as well. COMMISSIONER TUFF: But that would give us a year to get it fixed? MR. COHEN: Basically it would stop us dead in the water with respect to comp. plan amendments, and we'd probably -- unless we entered into an agreement with them down the line, we'd end up in an Page 65 16 � 1 81 December 7, 2006 administrative hearing, and the county attorney can correct me if I'm wrong. CHAIRMAN STRAIN: Ms. Student? MS. STUDENT - STIRLING: That would be right into an administrative hearing, and then once they filed the petition for the administrative hearing, then we could enter into some kind of compliance agreement with them, and then the hearing would be abated. But that's something that I would not want to go head to head with the agency on if -- unless we have pretty solid data and analysis and a professionally accepted methodology to back it up. Because my experience in these matters, the administrative law judges usually go with the agency, and legally their interpretation of things is given great weight, that being the agency. CHAIRMAN STRAIN: Okay. Any other questions? Mr. Tuff, does that -- COMMISSIONER TUFF: Well, I just think that's what we ought to do. Show us wrong, you know. We've got some time. We'll have an administrative hearing. By then you can collect your data and then say, here it is. Now, you show us ours (sic) is better than ours, and I'll bet you they can't. MR. COHEN: Well, the ramifications are, is that if we do end up with a notice of intent to find us in noncompliance, during that period of time we cannot adopt any comprehensive plan amendments because I would anticipate that anything that affects the use of land -- and the county attorney can kind of weigh in on this as well, too -- would more than likely have impacts on our public infrastructure, and it would be the CIE that would also be found in noncompliance, and we would be dead in the water doing any future comprehensive plan amendments until the issue was resolved. MS. STUDENT - STIRLING: Yeah. And we would want to have that information going into the administrative hearing. We don't want 0-=. December 7, 2006 to go in there and say well, gee, give us time to develop this, and we want to continue it and this and that. That's -- you know, there's a lot more to it. I mean, there are serious ramifications if you end up before the governor and cabinet and they tell you what to do, and if you don't do it, there's sanctions. CHAIRMAN STRAIN: Well, see, why shouldn't our objective be to get the best data we can and prove our point now instead of going through a court battle? I mean, we can do that. That's what I think we ought to be working towards, and I think that's what staff is going to get to eventually. Although I see that data in this presentation today is severely lacking, I think that's been admitted that they have to get more data. Maybe when that data comes forth, it will put all the concerns to rest. So I'm not sure we need to challenge DCA yet. We need to see if we're right by data, and data is pretty attainable. MR. COHEN: And I think what we've tried to do today is hit on the major data that's out there, okay, where we can -- where we can try to reduce that seasonal population rate as much as possible, and then there's a lot of secondary sources of data that are out there as well, too. For example, I would want to look in the water /sewer district in particular, okay, and break that block data down in terms of looking at what that seasonal population rate is within the water /sewer district itself, which is a more labor intensive thing because we do it by TAZ. I would like to take a look at that and see if that number would be even discounted further. And I would have liked to have had Mr. Weeks do that, but he's been out for about nine days now, and as a result of that, you know, I have been unable to undertake that. But that's something that, if it's possible to do before the board's meeting in January, I'd like do that to see if we can further reduce, you know, that 19.4 percent factor even further. CHAIRMAN STRAIN: You asked for some direction. Page 67 161 1 ot December 7, 2006 MR. COHEN: Yes, sir. CHAIRMAN STRAIN: And I, for one, have some needs to understand this better. I don't know if it will -- going to be the needs of this board, but I certainly can express to you where my issues are. And I need -- first of all, I think we've said -- you're using BEBR? MR. COHEN: Yes, sir. CHAIRMAN STRAIN: Okay. The statistics you just showed on the screen for most of this meeting though were from the U.S. Census. MR. COHEN: That is correct, sir, but the Bureau of Economic and Business Research starts with using the 2000 census data, and they extrapolate from that data itself. CHAIRMAN STRAIN: Right. And I would -- I would like to see that physical extrapolation. I would like to see their spreadsheets. I'd like to see how they compile the data from the electric companies in which they state on their website that they do. I'd like to see the compilation of the county statistics used for actual housing units, HUs, that they claim they use. That data would be invaluable to understand how much of this county and how they're counting it and how to compare it to the records that I already have from the building department to see if they're consistent with what really is on the ground. Is there a way to get that? MR. COHEN: Yes, sir. And I think what would be appropriate -- and I have Mr. Schmidt back there for me taking notes. I think it would be appropriate not only to look at it from the year of 2000, but to extrapolate the data going back to each bulletin that they've issued for Collier County starting with 2001 up to the latest one, and that way we can take a look at that data from each year and see how it's been adjusted accordingly. CHAIRMAN STRAIN: Now, I know that data is not readily available to the public. I've been to their site many times, and mmme 16J, December 7, 2006 apparently you've got to log in and have some access to it that I can't seem to get to. MR. COHEN: I believe we would probably have to specifically request it because the type of data that you're asking for in terms of the spread sheets and stuff is not stuff that's readily available from their website, and we would have to ask them for the -- not only the methodology, but probably the complete runs of what they've done. CHAIRMAN STRAIN: When we get into it further and we add on our seasonal population, in the past we've used statistics for hotel occupancies, for gas tax and sales tax, and things like that. In my review of those items, for example, hotel occupancy rates are highest in February and March, the gas tax collected is highest in April and May, and the sales tax collected is greatest in January and April. There is no common denominator there as far as timing goes, so I'm not sure how that is really reflective of the true seasonal population when none of them are focusing on the same time frame, proving that there's a spread, maybe not necessarily a peak as we've been trying to point it out. And I certainly would want to look at how -- the factor that would be -- have a more common element to it time -wise. MR. COHEN: And that's a problem, you know, that exists in looking at that data, and, we realized that when we provided it to you. And that's why we -- in our conversations with BEBR, you know, in terms of statistically from a professional demographic perspective, in asking the experts statewide, what is the peak month in Florida, and that answer coming back is, your peak month is January, okay. And traditionally that's what it is. Well, that being said, you know, we've got hotel /motel rates that differ from that, but the question then becomes, do our seasonal units in terms of housing units, is that where we're peaking? And we don't know the answer to that. And that goes back into discounting that 0 ,1 December 7, 2006 number as well too, and that's where surveying's going to have to transpire. CHAIRMAN STRAIN: And I would also think it's necessary to understand the multipliers used by BEBR on the various base data that they get for not only vacancy, but also PPH. And if that PPH is based on a -- each individual CDP that we have, or is it countywide? Because even the U.S. Census is a countywide one and it has a huge bearing on what's left for the unincorporated area of Collier County. MR. COHEN: And I'll ask Mr. Schmidt to make a note of that to determine whether or not the projection from BEBR is countywide, which is that 2.39 PPH or whether or not they actually do break it down by geographic unit, and we'll ask them that question as well. CHAIRMAN STRAIN: 2.39 is actually from the U.S. Census -- MR. COHEN: Correct. CHAIRMAN STRAIN: -- from the sheet you had on here. The breakdown of CDPs, are provided by the U.S. Census at the time they did it. The city statistics has it broken down. They do provide them at the U.S. Census, and I need to know if BEBR -- how they developed each city statistic as well, just like we need to know the counties so that we know what was included and what was excluded from the city so we then know how it applies to the county. I think that would be important. As far as the occupancy rates of the hotels, at some point we were using that. I don't know if that's going to be one of your future factors, but I'd certainly like to see how that correlates to the new housing -- now hotel units that come on each year, because we have a minimal amount of hotel units developed each year, but we seem to have an increase in seasonal population. It should correlate to occupancy, which means if you have a higher seasonal population, you're going to have a higher across - the -board occupancy rate, even though you have more hotel units coming online. There's got to be Page 70 December 7, 2006 some correlation there. I'm just going to give you things -- I know you've got people here taking notes. I don't expect an answer today, but you asked for concerns. These are some of them. The Immokalee statistic, we just -- lump sum 15,000. I'd certainly like to see how that lump sum became a lump sum. Now there's no basis for it, how it happened. I also notice that in 9J -5. DCA specifically says that if you want to see how other jurisdictions have been professionally accepted by DCA, upon request they'll provide them. Why don't we ask for those and get a -hold of them and take a look at them and see how they work out. Now, that way we'd have a basis when we go back to DCA if we want to modify something that's consistent with another jurisdiction, we'd have the right and the basis to do that. MR. COHEN: Yeah. And your point there is well taken. The hardest part that I've got now with DCA is that in discussing with various jurisdictions their methodologies, what was acceptable in the past -- for example, our 2003 methodology was deemed to be professionally acceptable and now it's not. I think the -- Lee County's methodology more than likely is going to be found to be not professionally acceptable. Over at Sarasota County, which uses an across - the -board seasonal population adjustment on top of their permanent population, DCA will have no problem with that. In my discussions with DCA, their preference in terms of what is acceptable to them is Collier County, other counties, what we want you to do is come up with a permanent population figure, either based on low, medium or high BEBR numbers, and then apply some time (sic) of justifiable -- some type of justifiable seasonal population adjustment to that so you can support it with data and analysis, and that's what we're going to accept. Page 71 December 7, 2006 In my conversations with them -- and I don't mean to be kind of, you know, to the point, which is kind of a little different from the standpoint of what's in the comp. plan, they said, if you take your medium BEBR numbers and you factor in the 33 percent seasonal population rate based on your current comprehensive plan, we have no problems with that, and we'll find that professionally acceptable right now. Those are words straight from DCA. I don't think this -- this particular advisory board and I don't think our board, based on what you see those numbers are on that particular chart, want to see us going with something that we know the DCA says that's fine yet we know doesn't reflect what currently exists in our community. That would be totally uncalled for. CHAIRMAN STRAIN: I notice that in your executive sununary, you're relating the population statistic back to use within the AUIR. And as you know, the last AUIR review that just occurred last week, our recommendation was pretty consistent, and it seems to be similar with the Productivity Committee too, in that we're uncomfortable with using that same statistic in the AUIR, that there's other elements that might be more accurately reflective for capital improvements, such as ERCs in regards to utilities, traffic counts in regard -- as transportation uses, recalls for service for possibly fire and medical, things like that. I would think that we may want to -- that it should still be considered and that the AUIR based on population in this methodology may not be the best course of action. And the motive basis for that is that I understand that every county in Florida is encouraged to show high population, and that's inherent in the system because the higher the population we have, the greater our share of federal and state revenue sharing funds, the greater our share of HUD funds and grants and the greater our ability to elect more representatives to the federal House of Representatives. So from a statewide perspective, we want to show high population, and that's fine. And if we can statistically show it -- and Page 72 December, 20 6 as you've stated, there are some elements that add onto seasonal population, and if we need to show that that's higher for those statistics, I don't necessarily have a disagreement with that. But I do strongly disagree that the same statistics be used across the board in the AUIR. I think you've acknowledged that there are other ways to look at it and I'm glad to see and encouraged that staff s going to start looking at that, and that's the only point I want to make in regards to that issue is that I would hope that we continue to look at other statistics for the AUIR rather than population. MR. COHEN: Commissioner, it is a double -edged sword in that regard. For example, with -- as we add on -- and next year we add on the public schools facility element. And you saw the problem that the school system recently had with school occupancy rates and their increase in their enrollment and that building schedule. Everything seems to be inextricably intertwined, and obviously they've had to give back money based on enrollment that was anticipated and didn't transpire. So we need to be very careful with how we -- how we provide our numbers. The AUIR this year obviously is based on the older methodology, which we know is flawed, and at the same time, we don't want to be put in the position recommending anything to the board which may result in them having to build something beyond the scope of what's necessary and before its time. And I think that's very important. And I think if we can make some adjustments as part of the EAR -based amendments and make sure that we have some foundation and then build upon that knowing that we have to have a sound, you know, professionally accepted methodology, but if we can find some other sources of data and some other things out there, that it may allow us to even tweak it further, you know, down the road, that that's the route to go. CHAIRMAN STRAIN: Okay. Well, if you can get any raw Page 73 December 7, 2006 data, that would be most valuable to understand how the base BEBR numbers started this whole mess, and then, of course, what we end up using for our seasonal population if we need to. That's going to have to be looked at just as closely. Are there any other questions from the Planning Commission on the population issue? COMMISSIONER SCHIFFER: Just one thing. CHAIRMAN STRAIN: Go ahead. COMMISSIONER SCHIFFER: Randy, could you send us, you know, the documents you had there? Could you help me out? MR. COHEN: I have copies for you here, and I'll hand them out at the end of the meeting to everybody. CHAIRMAN STRAIN: Okay. MR. COHEN: Yes, sir. CHAIRMAN STRAIN: Okay. Is that -- I think that suffices for this discussion? MR. COHEN: Yes, sir. And if there's a recommendation that comes from this body -- obviously, the Board of County Commissioners hears this on the 12th. They hear this next Tuesday. They'll get a similar presentation along those lines. And what we're going to be doing is asking them for direction. And the direction that we're going to ask them for, because we know the tight parameters that exist for the EAR -based amendments and the CIE, is the direction to do, one, to change the population methodology based on what the recommendation is from DCA, that policy 4.88 change that I showed you, as well as those three things that are in the recommendation there. And just letting you know that number three is not static, and I think that it's incumbent upon us as a staff to continue, on an ongoing basis, to analyze our peak population as well as other methodologies, making sure that we move forward with population that actually reflects what's impacting our capital infrastructure. Page 74 1611 December 7, 2006 CHAIRMAN STRAIN: Well, I have a couple general statements about the executive summary based -- a lot of it actually correlates to what you've provided to us here today in your discussion. And I am very -- still concerned about the use of the population statistics for the AUIR, and I have a concern in regards to the AUIR for two reasons. The statistics rely on a permanent and seasonal calculation that so far has not been reasonably explained in sufficient detail to feel confident with the outcome. And by that I mean, I've not seen the backup and I don't think this board has seen backup, nor have we based it even on your acknowledgement that the 33 percent is still problematic. And number two, the use of the population statistics that justify increases in capital expenditures may not be the most accurately available methodology for that use, especially since we don't have the basis of those sorted out. So those are my two comments in regards to a reaction from this document you've provided to us today. I don't know how that helps or hinders you with the BCC, but if you want a reaction, that's mine. And I don't know if I'm speaking for the rest of the board. You all can weigh in any comments you may have. MR. COHEN: What I can tell you is, is that you're echoing the sentiments that the staff has, that we have a problem with that 33 percent figure that's in there, and I think it would be appropriate for this board to state that on the record, that you have a problem with it, and not only that you looked at some of the adjustments that we suggested, but you think that it even needs further refinement as it moves forward in the process. CHAIRMAN STRAIN: Well, I got a question for Margie then. Margie, if this methodology that's being proposed to the BCC Tuesday is accepted by them, in order to move forward with the EAR and the CIE element, does that mean we're locked into that methodology then? Because if that's the case, then what's being prepared for Tuesday, has Page 75 December 7, 2006 been admittedly not accurate enough to be utilized for that purpose. MS. STUDENT - STIRLING: I think it depends upon what the board's direction is on Tuesday. MR. COHEN: And the language that's in there, that's in 4.8, doesn't tell us we're using a 33 percent figure. What it's telling us we're using is seasonal adjustment, and that adjustment still is yet to be seen by that body and whether or not you accept -- comfortable with it and making a recommendation to the board as part of the CIE, and also by them when they see it as -- and they take final action on it, they're going to have to feel comfortable with what that seasonal rate is. And I can tell you that I don't feel comfortable with going forward with the 33 percent. And we're going to be working to modify that downwardly to truly get to a point which is something that reflects as close as possible to seasonal population of trying to tweak it further down the road when we get additional data and analysis. But I know what I can get right now, okay. CHAIRMAN STRAIN: Wouldn't you be better off going to the board on Tuesday saying that this is your research to date and that you're still uncomfortable with the following elements and that you need direction from -- you need their direction to allow you to further pursue those before a methodology is locked in? MR. COHEN: Exactly what I've just asked you for which is the further direction, is the exact same thing I'm going to ask them for in letting them know that we're going to move forward and that that policy 4.8 allows us to do that on an annual basis. And that's why we like the language that DCA provided because it says that it allows us to come up with the seasonal population variation in the fact that we are allowed to adjust it on an annual basis. And that's why when we first got the language, we looked at it and said, what does this exactly mean? And we looked at it and said, we can live with that because it allows us, on an annual basis, to continue Page 76 I December 7, 2006 to take a look at it and continue to refine it. And I think that's the appropriate way to go as we get additional data and analysis. CHAIRMAN STRAIN: My concern was that in the executive summary, both your recommendation that's in bold on the top and the objective, seem more definitive than what you now told us has provided more flexibility. And then when you go into the document and you find the very specific tables talking about what the existing methodology would produce for values and then what the proposed methodology would produce, it would -- it indicated to me that if the BCC accepted this, this is the outcome they can expect. That's what concerns me. And if that's not what you're saying is true, then what I would recommend then, that maybe you phrase this executive summary a little differently so the BCC knows that the flexibility they would hope to see based on recommendations from two advisory boards now may be able to come forth more easily than locking in the numbers, as this document appears to have done. MR. COHEN: And what I would do is -- and you know, this executive summary was done last minute -- David did this from home -- and I tweaked it a little bit in adding to the bullet points to try to provide a little bit more flexibility in there. I guess what I would recommend is that when you see the recommendations that are on there and you get to number three, you may want to modify that number three there in terms of your recommendation and maybe add a number four, number four being, obviously, upon recommendation from the CCPC, you know, in terms of, you know, it being a sound population methodology, but three, from the standpoint of take into account data that's been gathered to date that would support a reduction of that 33 percent. CHAIRMAN STRAIN: Randy, here's where my concern is with number one and two. Number one, if you come back with spreadsheets with -- explaining the very base source data that BEBR Page 77 i =I a December 7, 2006 uses and we find that something in number one is already inclusive of things that could have been in number two and we didn't know it because we never saw that data before, then number one and two become in question, which then means three can apply to the adjustment, which can't -- we don't -- we couldn't accept one and two until this base data is better defined. That's what my concern is. MR. COHEN: Yeah. And you know, from my own perspective, you know, in dealing with the Bureau of Economic and Business Research, obviously them charged statutorily with, you know, the methodology to come up with the rationale for, you know, whether it's low, medium or high, and they use two basis, you know, for determining whether or not your housing unit could count as accurate. The initial point being the U.S. Census and looking at housing units themselves and, two, whether or not they factored in as a major factor electrical connections. If they did -- and I'm sure that's where your concern is coming from because people don't turn off their electric in this county, okay. CHAIRMAN STRAIN: Your house would be all mildew if you did. MR. COHEN: You've got a permanent population that's inflated; however, we're looking at permanent population factors based off of 100 percent units at 71.2 percent. Then the question becomes, is, if you use electrical connections and you had a lower number of housing units initially and you brought that number on up, then you've artificially inflated that, and that's a concern that's well founded. CHAIRMAN STRAIN: Those are the things that we need to sort out before the recommendations that I feel can be supported. MR. COHEN: You know, in talking with Dr. Smith, his indication to me was, in some counties they use electrical connection data quite a bit because they don't see much of a seasonal population. But in a lot of the coastal counties, that type of data becomes irrelevant where, in terms of how they weigh it in, because they used 161 1 December 7, 2006 to rely on it exclusively because when people left, they turned off their electricity. Now when people leave -- one, they're here longer, the seasons have gotten longer and, two, people don't turn their electricity off. They leave it on for humidity reasons and other factors as well, too. But we'll check into that data as well. CHAIRMAN STRAIN: Mr. Murray, then Ms. Caron. COMMISSIONER MURRAY: This is all very good expository, but I think what you want is a motion; I think you want a motion for us to urge you to obtain all of the necessary information for both this board and the BCC. That was where you wanted to go, if I'm not mistaken; am I correct? MR. COHEN: I think it would be appropriate that this board make a motion along the lines that the existing 33 percent seasonal population factor that's in the comp. plan, more than likely, does not reflect the accurate seasonal population in this county. COMMISSIONER MURRAY: Well, we can concur with the staff s determination of that. We don't have to make that as a single offering. You obviously have agreed to that. MR. COHEN: Yes. And not only that, but you would like us to provide to the BCC some detailed analysis with respect to seasonal population which truly reflects what that seasonal population is in this county -- COMMISSIONER MURRAY: Okay. MR. COHEN: -- and also provide to them hotel/motel occupancy rates that truly reflect what their capital infrastructure serves. And beyond that, Commissioner Strain said, to verify the reliability of the BEBR methodology as a starting point to assure that starting point is correctly reflecting how population is calculated into the county. COMMISSIONER MURRAY: Okay. We've capsuled it now and the record is rife with a repetition of those statements, so I think we've got it clear. 1611 9! December 7, 2006 Now, when chairman -- after Ms. Caron, if the chairman would like, I should make a motion or another can make a motion so that we can bring this meeting to a conclusion with all of those needs adjusted, and -- or requested, because I suspect he's going to have to make -- one of the things you would do besides attempting to get the BEBR documentation, the supporting documentation, you also will have to make some kind of a survey to come to a conclusion about usage for those condos and other -- and then you have the motel and hotel question that may or may not be applicable. MR. COHEN: And the survey is the timing issue that's difficult right now for me, and I realize that because of the fact that normally that would be something that would be undertaken by either a private entity -- unless I have the staff do it in particularly, which I may end up doing it. But the question then becomes, is the validity of the survey and whether or not I can verify its accuracy. COMMISSIONER MURRAY: And it's justifiably -- legally justifiable. And a question, too, do you have time? MR. COHEN: For the survey portion? That's questionable, and that's where the adjustment factor in terms of occupancy comes into play. I may be able to work something out with DCA with them to basically assume a certain vacancy rate. Because, for example, the assumption in the fiscal impact analysis model for Twin Eagles and Immokalee Road south, they assume a seasonal vacancy rate of 20 percent. Well, I asked them, well, what's that based on? And they -- well, that's based on their experience. Okay. Well, what experience? And it's like, I think it's the experience within communities that developers have that they've experienced in other places, that usually during the season, about 20 percent at one particular point in time, those people just aren't there, and they know that based on usage. COMMISSIONER MURRAY: So those particulars you have to December 7, 2006 either obtain and use them as supporting documentation that they are justifiable to whatever points are possible (sic), and the rest of it is -- we've established. MR. COHEN: And otherwise -- COMMISSIONER MURRAY: I would now defer to commissioner -- CHAIRMAN STRAIN: Are you done, Mr. Murray? COMMISSIONER MURRAY: Yes, I am. CHAIRMAN STRAIN: Okay. Ms. Caron? COMMISSIONER CARON: Yeah. My only point was that under your recommendations, they just should be further clarified with the things that have been discussed. And I'd like -- I, for one, would like to see the revised summary, just if you could email it to all of us before it goes to the BCC. MR. COHEN: Well, the summary itself actually has been provided to the BCC and it wouldn't be revised, but it will be supplemented by the information that I provided to you today via presentation as well, too, with the same recommendations. And what I'll have Mr. Schmidt do is to write up a summary of what your recommendations are and also provide them in verbal form as well. CHAIRMAN STRAIN: Mr. Schmitt's going to write up summaries? Maybe he's going to ask you to write the summary up. MR. SCHMITT: That's my twin brother back there. The other -- MR. COHEN: With a D, not a T. MR. SCHMITT: For the record, Joe Schmitt. That's S- C- H- M- I -T -T. He's a D -T. Just for the record, so you know, the executive summaries for Tuesday's board meeting went to the printer yesterday, so it's already at the printer. The books are dropped off in the morning. This has already been locked and it's already being printed. Any modifications of this will have to be given verbally, which they will, to the board when this is presented as an item on Tuesday's Em 1' December 7, 2006 agenda, or probably Wednesday, given the length of the board meeting's agenda. CHAIRMAN STRAIN: Thank you, Mr. Schmitt. And then Randy, your survey issue, I know, is timely concerning a suggestion. The county's broken down into a dozen to 15 CDPs. Those CDPs have huge variances in seasonal occupation. For example, the Golden Gate CDP is seasonally vacant at 4 percent. The Lely CDP is 19 percent. Maybe to help with your -- until you get a survey, you could take a look at all those CDPs as some assistance in order to understand the vacancy rates throughout the county, especially in populated areas like Golden Gate. I mean, 4 percent just skews everything in a whole different direction when you get to those numbers. So that's my last comment on the issue. I am reluctant myself to go along with any recommendation that supports the recommendations in the executive summary. I understand what you've said. The summary doesn't read that way. I wouldn't want to mislead the BCC to think that we support those recommendations. Actually we support getting to those recommendations, but the recommendation as stated now isn't -- as from what I can see, isn't accurately reflected based on the data that's lacking. MR. COHEN: And you're correct, sir. You know, when David wrote the executive summary, obviously he was using it based on the existing data and analysis. And subsequent to that, during his time being out, I felt it was incumbent on us as staff to take a further look at some of the data that was available and provide that to you as a collective body, as well as the BCC, to get us started in the right direction in our interfacing with DCA and coming up with a methodology, which I think is more sound. CHAIRMAN STRAIN: Mr. Murray, you wanted to make a Page 82 December 7, 2006 motion? COMMISSIONER MURRAY: I'll take a stab at it. I would attempt a motion. Inasmuch as the CCPC has found that the supporting documentation offered for -- offered in the EAR and the AUIR are subject to question and staff has acknowledged same, it is the direction of this advisory board that staff take whatever action is necessary to address the various segments, and particularly the issue -- the 33 percent, the DCA number, and come up with a correct number and provide that information to this board and to the BCC. Will that cover it? COMMISSIONER ADELSTEIN: I'll second the motion. CHAIRMAN STRAIN: The only -- motion's been made and seconded. The only thing, just for clarification, that you said direct. I think you mean recommend. COMMISSIONER MURRAY: If I said direct, that was probably because of my state of mind. Recommend, yes. CHAIRMAN STRAIN: We're more of a recommending body than a direction body, and -- COMMISSIONER MURRAY: I said advisory and I meant that such, yes. CHAIRMAN STRAIN: I think that that's a conceptual enough summary so that it doesn't lead us in a bad direction. I -- the record's pretty clear in what we've said today so I -- COMMISSIONER MURRAY: Yes, I was going to say. CHAIRMAN STRAIN: Is there -- there's been a motion and second. It was seconded by Commissioner Adelstein. Is there any other further comment on the motion? (No response.) CHAIRMAN STRAIN: Hearing none we'll signify -- all those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. Page 83 December 7, 2006 COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Thank you. We will look forward to a lot more data. Mr. Tuff? COMMISSIONER TUFF: Well, the only thing I hear a lot is that -- well, to do with the -- we put it into the record, and then hoping that people will see it and hear it. Does that stuff ever -- you know, they get this big stack of stuff. Do they see that -- or you know, if it's in the record, that doesn't mean it gets applied or used or heard or anything like that. CHAIRMAN STRAIN: We cannot take the entire record and put it into a motion. COMMISSIONER TUFF: Right. CHAIRMAN STRAIN: So what I see, the value in what's in the record is that if someone wants to understand the intent of our motion, they could go back in and look at our discussion. That's the same way that if you look at Florida Statutes, if you ever look at the references in the bottom, you can go back and you can track how the legislature's actually discussed the statute so you know if the intention of the statute as it's being interpreted by a body is what they intended when they discussed it and passed it in the House. Well, the same thing happens here. You can go back and look at the intent of all the motions we make by our discussion. So that's the value of the record, but it's only of value to the extent someone wants to research it and find it. We can't predict that and we can't control 161 1 8 December 7, 2006 that. So hopefully everybody that's interested, if there's a question, they have a record, they can go back and look at it now. So anything else? (No response.) Item #12 DISCUSSION OF ADDENDA CHAIRMAN STRAIN: With that, we'll move into the last number item on today's agenda. Mr. Schiffer, you want to -- it's a discussion involving the LDC amendment issue you brought up. COMMISSIONER SCHIFFER: Yes. And what it is is I went through the website last night and looked at it. And as these things come through, we kind of take special interest in one, and I found out that the definition for lot width has been altered from what we voted. First thing I noticed was that the illustrations, which incidentally are reversed, when they refer to nine, they should refer to 10, and when they refer to 10, they should refer to nine -- shows a measurement coming out of the cord, which we discussed and we stated that while that's the way you draw the parallel line, it's moved to the setback. But I think maybe that can be explained by what's a bigger problem, is they've attached a revision to the definition of setback or lot line, which never came through the public process. Ironically this was a definition that we discussed in the cycle prior, so if we wanted to talk about it, that would have been the time. And the danger of it is, it's actually allowing setbacks to be measured from the cord. Now, to explain that quickly is, if you remember in the City of Naples, they had that zoning variance where the building was close December 7, 2006 because the people measured from the cord, and yet their code says it doesn't measure from the cord. So now riding along secretly behind this is a code that would allow Collier to measure from the cord, essentially bringing the building closer. They do, in this poorly written thing, provide a maximum -- or minimum length of a standard parking space, which is 18 feet, so that means you can only essentially bring it 18 feet closer, but never in any testimony that we have ever heard have we, you know, discussed bringing buildings further forward than the front setback. As a matter of fact, in the Naples thing, testimony was read in that Joe Schmitt states that we don't measure from the cord. We measure setting back from the front property line. So I think that's a serious problem. And what I'd like to do is cure this by making a motion that we recommend to the commission to not vote on this amendment tonight. If they want to bring it back like this, they can. But I don't think it would be fair -- the commission was presented this as if we had no objection to it, that we approved it 7 -0. So the commissioner's -- and this is usually at the end of the agenda, they're blowing these things off by then. Staff never pointed out that they're adding the ability to measure from the cord, which is a serious thing. The community should discuss that if they want to do that. CHAIRMAN STRAIN: Ray, do you have any information that would help us understand how this got to where it is? MR. BELLOWS: Only, I had a -- for the record, Ray Bellows. Only, I had this conversation a few days ago with Brad and I hadn't had a chance other than a slight conversation with Catherine Fabacher, who coordinates the LDC. She didn't have any information at that time, but I will follow up with Mr. Schmitt and Catherine and Susan Murray, and we'll find out what happened. CHAIRMAN STRAIN: Well, I think it's -- if you knew about it 0-000 December 7, 2006 a couple of days ago, and the gravity of -- is, it is an important issue, and especially since now, I mean, it's coming up timely tonight before the BCC, I wish that there had been someone that could have come back with at least some superficial response to us on this today so we would have known something. But I certainly think we ought to honor Mr. Schiffer's request to the board in regards to stopping this until it's clarified. I thought it -- even a one -day notice could have given us some clarification. But if you guys were wrapped up in other things, especially getting ready for the board meeting, I understand that. But in regards to that, I don't think something should go forward that any member of this commission questions to the depth of knowledge that Mr. Schiffer has in regards to the issue. So I certainly think that's well founded, Mr. Schiffer, at this point to ask that that vote be suspended until staff gets back to us with a thorough report as to what's -- how this came about, and if it isn't -- if it isn't a reason that was based on a finding of this commission, then it needs to come back to us again. MR. BELLOWS: No. I didn't have any direction from Brad to do -- to pull it, but I will now with the Planning Commission recommendation. CHAIRMAN STRAIN: Well, is there a recommendation from this board or a motion from this board to -- COMMISSIONER SCHIFFER: So moved. CHAIRMAN STRAIN: -- pull this from the Board of County Commissioners' agenda for -- to request it be pulled? COMMISSIONER SCHIFFER: Yes. That would be my motion. COMMISSIONER ADELSTEIN: I'll second. CHAIRMAN STRAIN: Okay. A motion made by Commissioner Schiffer, seconded by Commissioner Adelstein. Is there any further discussion? (No response.) Page 87 k .'; . December 7, 2006 CHAIRMAN STRAIN: Hearing none, all those signify by saying aye (sic). COMMISSIONER KOLFLAT: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: MR. BELLOWS: I'll follow up with Catherine and Susan Murray Istenes and I'll -- COMMISSIONER ADELSTEIN: Will somebody recommend -- CHAIRMAN STRAIN: Mr. Adelstein, you've got to be recognized first. COMMISSIONER ADELSTEIN: I'm sorry. CHAIRMAN STRAIN: Would you please put this on the 21 st agenda for report and a discussion by staff as to how this should be resolved. Mr. Adelstein? COMMISSIONER ADELSTEIN: I would think we should have somebody making a statement about this today for tonight. CHAIRMAN STRAIN: Well, staffs heard the concern and we've made a motion that if -- you know, if any member of the Planning Commission -- I only think the member that's most knowledgeable is Mr. Schiffer. If you're going to attend, I have no -- COMMISSIONER SCHIFFER: I can't attend, but -- and here's the thing is that, first of all, I don't think -- the commission was never presented that they were causing a new way to measure front setback. � ob 161 1 a i December 7, 2006 I don't think they would ever agree with the way that's even being proposed. So I think there's actually a bigger issue here. And, you know, every morning we pledge allegiance to the flag, we mention that it's a republic we're alleging to. Republic is something that's run by the citizens. I think if we go through these public processes and staff just patronizes those by doing whatever they want to do after it leaves us and at the threshold of the commission meeting, hide a whole bunch of revisions that they want, that to me is a serious misdemeanor. And I think what we really need to do now is, you know -- I personally lost trust that things get -- go from here and are carried forward honorably, and I'd like to come up -- we have to come up with a way to prevent that from ever happening again. And does it happen a lot? I mean, do we have to audit all of the stuff as it leaves us to make sure that they're not tricking the commission? CHAIRMAN STRAIN: Well, Brad, unfortunately, it's like everything else that we deal with here, if you've got the time, you need to follow up on it. It's kind of what I have to do on the issues that I bring up. In the evenings I sit there and I try to research it. And I don't know of any other way, because we can't appoint a staff member to come up with different things by -- so it's us that's got to do it, so -- COMMISSIONER SCHIFFER: I mean, there's two things staff can do. They can steal the money from the republic or they can steal the trust. This to me is a trust issue, and do we have to come up with a trust police to keep an eye to make sure that when the boards review it -- staff s allowed to have concerns different than the board, but they should say, look, the planning board wanted to do this. We believe this should be done -- they are a professional staff -- but not just sneak stuff in on an amendment like that. CHAIRMAN STRAIN: Well, before we go too far with the accusations, let's simply get a report back from Ray -- Wma M661 December 7, 2006 COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: -- as to how this evolved, why staff -- or how they justified the changes, and they will do that through the actual transcript and testimonies of our meetings. COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: Let's get that data back. And then if that proves there's been a grievous injustice done to this board by the way it was handled, then we can deal with it at that point. But let's first find out the facts before we go too far. MR. BELLOWS: Yeah, I agree. I don't know the history of the facts behind this, and I just need to do some research, and I'll work with Catherine, and we'll report to you as soon as I can. CHAIRMAN STRAIN: And Ray, you've sat with this board ever since I've been here and since all of us -- most of us have been here, and your credibility is very good as far as I'm concerned. MR. BELLOWS: Oh, I appreciate that. CHAIRMAN STRAIN: And I would appreciate it if you were the one coming back with the presentation and discussion to us instead of somebody else. If that -- if you don't mind taking that responsibility. MR. BELLOWS: I will work with the director and will do my best to be the one presenting. CHAIRMAN STRAIN: Okay. Thank you. Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Ray, when you go through the process and find out how this happened and what actually happened, can you find out if someone can go back further and find out if anything else was either slipped in or changed or any other mistakes had happened? CHAIRMAN STRAIN: Well, Bob, I mean, that may be a second solution -- a second issue after the first one, but with the two weeks and the amount of workload and vacation time coming up, let's Page 90 161 1 SI December 7, 2006 see if we can get this one done before we spend time on the rest, is that -- MR. BELLOWS: That would be a monumental task. CHAIRMAN STRAIN: That's what I'm -- I know time -wise it would be because you'd have to go back and review all the records and make sure the language was written correctly. And I'm not saying it isn't worth it. COMMISSIONER VIGLIOTTI: Okay. CHAIRMAN STRAIN: I'm just saying, let's do that as a second stage if the -- if it's justified. Let's just get through this first one first, because that's something I think we can handle in a two -week time frame. COMMISSIONER VIGLIOTTI: Okay. If timing's a problem, then fine, we'll take one issue at a time. CHAIRMAN STRAIN: Okay. Thank you. Any other questions of the commission? (No response.) Item #11 PUBLIC COMMENT CHAIRMAN STRAIN: Okay. Public comment? That's going to be simply said; there isn't anybody. With that, we will entertain a motion to adjourn the meeting. COMMISSIONER ADELSTEIN: So moved. COMMISSIONER TUFF: So moved. CHAIRMAN STRAIN: Okay. Meeting is adjourned. Thank you all. Page 91 16 1 1 0 December 15, 2006 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida December 15, 2006 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, met on this date at 8:30 a.m. in SPECIAL SESSION at the Collier County Development Service Center, 2800 North Horseshoe Drive, in Conference Rooms 609/610, Naples Florida, with the following members present: CHAIRMAN: Mark Strain Lindy Adelstein (absent) Donna Reed Caron Tor Kolflat Paul Midney (absent) Robert Murray Brad Schiffer Russell Tuff Robert Vigliotti ALSO PRESENT: Randall Cohen, Comprehensive Planning Director Michele Mosca, Comprehensive Planning Corby Schmidt, Comprehensive Planning Marjorie Student - Stirling, Assistant County Attorney Page 1 16 IF December 15, 2006 The meeting was called to order at 8:39 a.m. by Chairman STRAIN. He then asked for all to please rise for the Pledge of Allegiance. The Pledge of Allegiance was recited in unison. Roll call was taken, and the Chair determined a quorum was present. Members absent were Mr. ADELSTEIN and Mr. MIDNEY. A Court Reporter was not present for Commissioners to continue their consideration of EAR adoption. Motion by Mr. MURRAY to continue the consideration of EAR - based GMPAs to the Planning Commission REGULAR MEETING of Thursday, January 4, 2007 at 8:30 a.m., with this item appearing first on the Planning Commission's agenda. Second by Ms. CARON. Motion to continue carried on a unanimous (7 -0) voice vote. Their being no business, the meeting was continued and adjourned by order of the Chair at 8:43 a.m. COLLIER COUNTY PLANNING COMMISSION MARK P. STRAIN, Chairman MINUTES PREPARED BY CORBY SCHMIDT. Page 2 COLLIER COUNTY January 8, 2007 Ms. Susan M. Harp Certified Local Government (CLG) Coordinator Bureau of Historic Preservation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 -0250 RE: Collier County Preservation Board Meeting Dear Ms. Harp: 161 1 Fiala Halas Henning Coyle Coletta Please be advised that a public meeting for the Collier County Historic and Archaeological Preservation Board has been scheduled for Wednesday, January 17, 2007 and will begin at 9:15 a.m, at the Collier County Community Development & Environmental Services Division, Conference Room 609, located at 2800 North Horseshoe Drive, Naples Florida: I have attached the minutes from the December 20, 2006 meeting for your review and records. If you have any questions concerning this meeting, please do not hesitate to call me. My phone number is 239 - 403 -2463 or you can e-mail me at: Raybellows @colliergov.net. Sincerely, r �j6 V. Bellows, Zoning Manager Department of Zoning & Land Development Review (Historic Preservation Coordinator) cc: Preservation Board Members (7) Sue Filson Joe Schmitt Ron Jamro Susan Murray Jeff Klatzkow Melissa Zone Amanda Townsend (Parks & Recreation) Misc. Corres: Dater 3 k Item #: L 16 L- Copies to. M' 16 -i AGENDA COLLIER COUNTY HISTORICAL /ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 9:15 AN'I, WEDNESDAY, JANUARY 17, 2007 AT THE COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, CONFERENCE ROOM 609, LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA: NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. ROLL CALL /ATTENDANCE: 2. ADDENDA TO THE AGENDA: 3. APPROVAL OF MINUTES: December 20, 2006 4. DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REPORT: A. Election of Officers 5. OLD BUSINESS: A. Update on the Historic Designation of Margood County Park & Historic Site B. Update on the Historic Designation of Fascher House C. Update on the Historic Designation of Nehrling's Tropical Garden 6. NEW BUSINESS: 7. DISCUSSION OF ADDENDA 8. ADJOURN F/IIi orica1/Archae��!ogica10,Lenda 16 1 1 Po ,,4 December 20, 2006 MINUTES OF THE MEETING OF THE COLLIER COUNTY HISTORICAL /ARCHAEOLOGICAL PRESERVATION BOARD Naples, Florida, December 20, 2006 LET IT BE REMEMBERED, that the Collier County Historical /Archaeological Preservation Board in and for the County of Collier, having conducted business herein, met on this date at 9:15 A.M. in REGULAR SESSION at the Collier County Development Services Division, Conference Room #609, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: John Thompson William Dempsey Thomas Franchino Patricia Huff (excused) Sharon Kenny Ardavan Moaveni (excused) Elizabeth Perdichizzi (excused) STAFF PRESENT: Melissa Zone, Principal Planner Jeffrey Klatzkow, Assist. County Attorney Jeff Wright, Assist. County Attorney Amanda Townsend, Parks & Recreation 16 i 1 9 December 20, 2006 1. Roll Call/Attendance: The meeting was called to order at 9:18 AM by Chairman John Thompson. Roll call was taken and a quorum established. 2. Addenda to the Agenda: None 3. Approval of Minutes: November 15, 2006 Tom Franchino moved to approve the Minutes of November IS, 2006 as presented. Second by William Dempsey and carried unanimously 4 -0. 4. Department of Zoning and land Development Review Report: Jeff Wright, from the County Attorney's Office, spoke to the Committee Members regarding their question of the jurisdiction of HAPB and the County on State and Federal Lands that house areas of historical and /or architectural significance. He will write up a report for the Members for the next meeting. 5. Old Business: A. Update on Historical Designation of Margood County Park & Historic Site Amanda Townsend reported that the application has been submitted and the architectural & archaeological assessments were sent to the Zoning Dept. Analysis of assessments was done by the lab and will be used as supportive material to these reports when presented to BCC. She announced that a new Project Manager will be taking over; but, she will still be kept informed and keep everyone abreast of the progress. Melissa Zone stated that she is trying to push for February to go before the BCC, but it may not be until late February or early March. B. Update on the Historic Designation of Fascher House Melissa Zone reported that the architect was going to provide some information on the Sarasota homes similar to the Fascher House, which have received historic designation, as added support for this designation. As of meeting time Melissa had not heard from the architect; however the process will still go forward. The aim is for everything to be ready for a first hearing in March. C. Update on the Historic Designation of Nehrling's Tropical Garden Recommendation for Historic Designation: Amanda Townsend reported that field work was complete and interviews with Richard Nehrling and David Draipsa had been held. Out of those conversations came information that there existed various collections of Mr. Nehrling's papers that were unknown heretofore. The University of Central Florida and Koreshem State Site in Estero both have collections. AHC prefers to research into this prior to completion of their report. They have planned to bring their report to this Committee in February rather than January. Bringing it to the BCC would not happen until the end of March or early April. The Committee, after discussion, agreed that as much information as possible be provided to the BCC. Questions arose on a clause in the Lease with the Zoo. 16 1 1 Oc December 20, 2006 Discussion revolved around seeking legal interpretation of the clause in the lease that appears to give the Zoo certain rights over the County, the owner of the property. Also discussed, was the Zoo's possible objections to the Designation. William Dempsey left at 9: 45AM Jeff Klatzkow suggested waiting until the final report was in hand. There is a timing issue involved. The ultimate concern is for everyone to be on board with, and accepting of the Historical Designation. Chairman Thompson and Melissa Zone explained the process of the Certificate of Appropriateness and the appeals process, upon inquiry by Amanda Townsend. 6. New Business: John Thompson mentioned that elections of officers are due to be held and asked that this be an agenda item next month. 7. Discussion of Addenda: None The next meeting was set for January 17, 2007 at 9:15 AM. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 10:00A.M. Historical/Archaeological Preservation Board Chairman, John Thompson ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP r TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4 complete the checklist and forward to Sue Filson (f #5 Route to Addressee(s) (List in routing order) Office Initials 1ne ). Date 1. Assistant County Attorney (Initial) Applicable) 2. February 13, 2007 Agenda Item Number 16 -K -2 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. William E. Mountford, ACA County Attorney's Office WEM 02/21/07 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office 7. William E. Mountford, ACA County Attorney's Office PRIMARY CONTACT INFORMATION (Tbe primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff William E. Mountford Phone Number 774 -8400 Contact Assistant County Attorney (Initial) Applicable) Agenda Date Item was February 13, 2007 Agenda Item Number 16 -K -2 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Settlement Agreement and Mutual Releases Number of Original 2 Attached (1 for father and 1 for son) Documents Attached INSTRUCTIONS & f H1VCKr.rCT 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 «matter_numberoh< document number>> Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be WEM signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's WEM Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the WEM document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's WEM signature and initials are required. 7 In most cases (some contracts are an exception), the original document and this routing slip WEM should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on February 13, 2007 and all changes made WEM during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 7. Please return one copy of each executed document to William E. Mountford, ACA WEM 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 «matter_numberoh< document number>> 16K2 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, I 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. -, r ^� < C J'1 16N2 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 Twenty 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 16K2 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 16M2 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: �07 ATTEST%, .., �' ,DAVHT8 . OROM, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 4 / �• rz' .. ames �WA=tonio�uPla�intiff Date: —� 7 161(2 v 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 n r,w� , 2007 of Notary Public Cqm p �� co Mt°tary Public W91 #Yp� Qrt l; p) My Commission expires: Approved as to form and legal sufficiency: illiam E. Mountford Assistant County Attorne 5 Personally Known 1/ or Produced Identification 5-�.- Type of Identification Produced 6 A 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 16H2 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. 2 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 16K2 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: /i ATTESTS �' DWIGMT E..BROgK, faerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 4 JAMES COLETTA, Chairman MES W. ANTONIOU as parent and natural guardian on behalf of James A. Antoniou, Jr., Plaintiff Date: Ll 6. 2 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 ff:� "z f , 200Z. Notary Public Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: NANCY VVXiES '91tary Public W New+ a°ork No. 02HU6090429 Approved as to form and legal suff iciency: William E. Mountfor Assistant County Attorney R Personally Known or Produced Identification Type of Identification Produced ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 ib^ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Assistant County Attorney (Initial) Applicable) 2. February 13, 2007 Agenda Item Number 16 -K -2 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. William E. Mountford, ACA County Attorney's Office WEM 03/12/07 5. Sue Filson, Executive Manager Board of County Commissioners I Documents Attached 6. Minutes and Records Clerk of Court's Office 7. William E. Mountford, ACA County Attorney's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff William E. Mountford Phone Number 774 -8400 Contact Assistant County Attorney (Initial) Applicable) Agenda Date Item was February 13, 2007 Agenda Item Number 16 -K -2 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Settlement Agreement and Mutual Release Number of Original 3 Attached I I Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 4.03.04, Revised 1.26.05, Revised 2.24.05 « matter_numben > /«document_number>> Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be WEM signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's WEM Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the WEM document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's WEM signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip WEM should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on February 13, 2007 and all changes made WEM during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 7. Please return two copies of the executed document to William E. Mountford, ACA WEM 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 4.03.04, Revised 1.26.05, Revised 2.24.05 « matter_numben > /«document_number>> I ��j 2 MEMORANDUM Date: March 13, 2007 To: William E. Mountford Assistant County Attorney From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Settlement Agreement and Mutual Release Re: Case No. 02- 2096 -CA Attached, please find two (2) original documents, as referenced above (Agenda Item #16K2), approved by the Board of County Commissioners on Tuesday, February 13, 2007. The Minutes & Records Department has a fully executed copy for public record. If you have any questions, please call me at 774 -8411. Thank you. Attachments (2) SETTLEMENT AGREEMENT AND MUTUAL RELEASE �Kz 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 FLORENCE PENZO, as Personal Representative of the Estate of JOHN S. SEGRO, Deceased (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. 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. 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 patty drafted the ambiguous provision or language or that the party was intended to be benefitted 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 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. II N Attest _u -'10- Cha ireaa s Item # ! L _2 Agenda Date 9 3113. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:_ XaA JAM s. COLETTA, Chairman Date: FLORENCE PENZO, as J*rsonal Representative of the Estate of JOHN S. SEGRO, Deceased, Plaintiff Date: 16K 2 THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by FLORENCE PENZO, as Pers al Representative of the Estate of JOHN S. SEGRO, Deceased, before me, this day of f lC r - L , 2007. Personally Known e or Sign0nWqtWW&jyLRAjboPdDA Jayne L. Dodd commission # DD456069 Retires: SEP. 14, 2009 !)Ui.QVk4 i ILL" liUC - r . --p - 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 Produced Identification Type of Identification Produced I �� COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) Originating Dept/ Div: Domestic Animal Services Person: Margo Castorena (530 -7387) Date: 1/25/07 Petition No. (If none, give brief description): N/A Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before (XX) BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. February 13, 2007 Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: AN L.�RDINANCE 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 TILE 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 SEV}?RABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCESAND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date:N /A Does Petition Fee include advertising cost? ❑ Yes ® No If Yes, what account should be charged for advertising costs: 001- 155410- 649100 Reviewed by: P Services A nistr tor. i r j. �. Divis on Administrator r Des' nee List Attachments: Proposed Ordinance 1/25/07 Date DISTRIBUTION INSTRUCTIONS A. I'or hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: I — q-�-5 -01 Date of Public hearing: a- "j3 -p T Date Advertised: 4 '��- 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 TILE 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. Anim(d means stje o wild, l d every living dumb creature. B. Animal control means the Collier County .Domestic Animal Services. I!! Words Underlined are added; Words Str-uek Thfeu-_-li are deleted `7 1 1 C y • ri V.-N& M. ♦ 1 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 any dog that according to the records of the appropriate authority: (1) Has aggressively bitten attacked or endangered or has inflicted severe injury on a human being on public or private property; (2) Has severely iniured or killed a domestic animal while off the owner's property; (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 authoritv. b 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 Drrn.estic Animal Services means the director of the County's animal control department includin designees of the director and/or such other persons designated by the county. I. Domestic Anifnal Services Center means anyplace approved as such by the board of county commissioners for the detention care and/or treatment of animals in custody. J. Health officer 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 Stx k Thfei+gk are deleted. M. Micro -chin — 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. Wild 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 S k Thfeuo are deleted. Section Four: Director of Animal Control, Authority of; Unlawful to interfere with officer in performance of duty. A. The director of Centel Domestic Animal Services (hereinafter "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 animal central Domestic Animal Services shelter or other designated place. B. The director of animal eentrel 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 of animal- cent -el, 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 of- afliffhal- eentrel 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% 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 of aniffial eentfe} 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 ef animal ee 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 Stfuek Through are deleted. t 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: Adoption, D.ption and Euthanizatiefi of Animals iid Animal Saer-ifiee 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 animal eent 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 ado tp ed 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 Stfursk Thfo -h are deleted. 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 alreadv 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 -chip number to the Department of Animal Services. 4. Failure to comply 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: (-l-} 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):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. (1-)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 StuslThrough are deleted. 17A �' (4)-.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. (545. -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. (-7.47. To snap, growl, snarl, jump upon, or otherwise threaten persons lawfully using any road right -of -way. 04, 1. To bark, whine, howl, or cause other objectionable noise, which is offensive so as to create a nuisance. (9)-9. To be abandoned and thereby relinquish control of an animal with the intent or purpose of setting the animal at large. 44.410, 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 tom S-- § 828.27, Florida Statutes, and of this artieleordinance, a mandatory court appearance or appearance before the special master. 7 Words Underlined are added; Words Stmek Through are deleted. _. m.....lii :.y ±r��easa� ►. s � s• r\ SOME L. • Lirrinese► �.: ra. \:,.i.u'.nw.ss. \..:r_a�+i•i.>.. ^ \n' •-r n �• � � � � � oe�..'•�. �.r.RSSi.Qi :� mss• a s .r _......ae\wr: �,. :cae� •..r . v i n..: css: a� .,.r�lQ \�� :.iwl�',�••,,..�.,ss. • �.i w ira��yr�a�r...ii\v..�iraaiiyrs. at•.. ii � \v.a�. •i�aa,.,>s . :+e�ssu.�t�� „a_nusa_o:r.>_n�.eu se•- '{ rrna: ca • • �:.. rac�.,:a ar ate. w. rn�.r.ar.� aa.a. • ir.,,ii �. rl.y�. :..:r lAi` +i... L � .Ll ii�i...r.: ..�.a \�a�.i•S >t,.l�a�i..: �..Sr' • . w. • r ^ . ' SECTION FIVE: Creation of Section Nineteen, Dangerous Dog, Definitions and Procedure. Ordinance No. 93 -56 is hereby amended as follows: SECTION NINETEEN: Dangerous Dogs definitions and procedures A. Definitions. fl) Dangerous dog means any dog that according to the records of the approprjate authority (a) Has aggressively bitten attacked or endangered or has inflicted severe injury on a human being on public or private property; (b) Has severely injured or killed a domestic animal while off the owner's property; (c) Has been used primarily or r in part for the purpose of dog fighting or is a dog trained for dog fighting; or Words Underlined are added; Words Srte1Thr-etigh are deleted. sue..• _,. - --- - ------ - _. m.....lii :.y ±r��easa� ►. s � s• r\ SOME L. • Lirrinese► �.: ra. \:,.i.u'.nw.ss. \..:r_a�+i•i.>.. ^ \n' •-r n �• � � � � � oe�..'•�. �.r.RSSi.Qi :� mss• a s .r _......ae\wr: �,. :cae� •..r . v i n..: css: a� .,.r�lQ \�� :.iwl�',�••,,..�.,ss. • �.i w ira��yr�a�r...ii\v..�iraaiiyrs. at•.. ii � \v.a�. •i�aa,.,>s . :+e�ssu.�t�� „a_nusa_o:r.>_n�.eu se•- '{ rrna: ca • • �:.. rac�.,:a ar ate. w. rn�.r.ar.� aa.a. • ir.,,ii �. rl.y�. :..:r lAi` +i... L � .Ll ii�i...r.: ..�.a \�a�.i•S >t,.l�a�i..: �..Sr' • . w. • r ^ . ' SECTION FIVE: Creation of Section Nineteen, Dangerous Dog, Definitions and Procedure. Ordinance No. 93 -56 is hereby amended as follows: SECTION NINETEEN: Dangerous Dogs definitions and procedures A. Definitions. fl) Dangerous dog means any dog that according to the records of the approprjate authority (a) Has aggressively bitten attacked or endangered or has inflicted severe injury on a human being on public or private property; (b) Has severely injured or killed a domestic animal while off the owner's property; (c) Has been used primarily or r in part for the purpose of dog fighting or is a dog trained for dog fighting; or Words Underlined are added; Words Srte1Thr-etigh are deleted. i (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 attacks provided that such actions are attested to in a sworn statement by one or more persons and dutifull investigated by the approl2riate authority. (2) Unprovoked means that the victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog. (3) Severe iniug means any Dh sical 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 investi ation 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 Cha ter 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 anel. (2) Any 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 employee designee and any two employees in the public services department not under the direction or control of the director of animal control, who are chosen on a case -by -case basis by the public services administrator. This hearing 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 humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any 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 Words Underlined are added; Words u`rue'' T�fougT are deleted. I P( " (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 be $300.00 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 been permanently identified as a dangerous dog; (iii) a color photograph that clearly shows the front of each required sign posted 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 $1.0.00 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 be 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 (1) 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. 10 Words Underlined are added; Words Str-uslThfough are deleted. 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. ATTEST: DWIGHT E. BROCK, Clerk M. Deputy Clerk Approved as to form and legal sufficiency: Colleen M. Greene Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: JAMES COLETTA, Chairman 11 Words Underlined are added; Words Stfuek Thfough are deleted. c January 26, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: An Ordinance Amending No. 93 -56 The Animal Control Ordinance Dear Legals: Please advertise the above referenced notice on Friday, February 2, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. /Account # 001 - 155410- 649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on February 13, 2007 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 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. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Ann P. Jennejohn 'w To: legals @naplesnews.com Subject: Amending Ordinance 93 -56 Animal Control Ordinance Attachments: ORD. AMEND. ORD. 93- 56.doc; Ord. Amend. Ord. 93- 56.doc Please advertise the attached on Friday, February 2, 2007. Ann Clerk to the Board Minutes & Records Department 774 -8406 (ann. Jenne john @clerk.collier.fl.us) ORD. AMEND. Ord, Amend. Ord. Thanks! )RD. 93- 56.doc (23. 93- 56.doc (26... Ann Clerk to the Board Minutes & Records Department 774 -8406 (ann. Jenne john @clerk.collier.fl.us) Ann P. Jenne'ohn From: ClerkPostmaster Sent: Friday, January 26, 2007 3:50 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: AM 039868.txt; Amending Ordinance 93 -56 Animal Control Ordinance El LJ ATT1039868.bct Amending (229 B) finance 93 -56 Anim+ This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 Ann P. Jennejohn From: System Administrator [postmaster @naplesnews.com] Sent: Friday, January 26, 2007 3:50 PM To: Ann P. Jennejohn Subject: Delivered: Amending Ordinance 93 -56 Animal Control Ordinance Attachments: Amending Ordinance 93 -56 Animal Control Ordinance LJ Amending finance 93 -56 Anim; <<Amending Ordinance 93 -56 Animal Control Ordinance>> Your message To: legals @naplesnews.com Subject: Amending Ordinance 93 -56 Animal Control Ordinance Sent: Fri, 26 Jan 2007 15:49:48 -0500 was delivered to the following recipient(s): legals, NDN on Fri, 26 Jan 2007 15:49:50 -0500 1 Amending Ordinance 93 -56 Animal Control Ordinance Ann P. Jennejohn From: Perrell, Pam [paperrell @naplesnews.com] Sent: Friday, January 26, 2007 4:04 PM To: Ann P. Jennejohn Subject: RE: Amending Ordinance 93 -56 Animal Control Ordinance That's much betterM From: Ann P. Jennejohn [mailto:Ann.Jennejohn @clerk.collier.fl.us] Sent: Friday, January 26, 2007 3:50 PM To: legals @naplesnews.com Subject: Amending Ordinance 93 -56 Animal Control Ordinance Please advertise the attached on Friday, February 2, 2007. Thanks! <<ORD. AMEND. ORD. 93- 56.doc>> <<Ord. Amend. Ord. 93- 56.doc>> Ann Clerk to the Board Minutes & Records Department 774 -8406 (ann. jennejohn @clerk.collier.fl.us) Page 1 of 1 Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1/26/2007 NAPLES DAILY NEWS Published Daily Naples. FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they sen -e as the authority. personally appeared B. Lamb. who on oath says that they serx•e as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples. in Collier Courtly. Florida: distributed in Collier and Lee counties of Florida-, that the attached copy of the advertising.. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue on February 2 °d, 2007 Affiant turther says that the said Naples Daily News is a newspaper published at Naples, in said Collier County. Florida, and that the said newspaper has heretofore been continuously published in said Collier Countv. Florida: distributed in Collier and Lee counties of Florida. each day and has been entered as second class snail matter at the pest office in Naplcs, in said Collier Count', Florida, loo a period of I year next preceding the first publication of the uttach,_d copy of advertisement: and affiant liirther sa,,s that he has neither paid nor promised any person, firm or corporation any discount. rebate. commission or refund for the purpose of securing this advertisement for puhlication in the said newspaper, ( Signat re of affian Sworn to and subscribed before me This 2nd of Februan. 2007 eA (Signature of notary public) FEI 59- 2578327 Copley of thy, prioiposed O dtnance are en file with the CteA to the any a Aai allabia Inter - to attend and be Ikea NOTE: All persons wish - inp to speak on any agenda item must repls- w#tti die aunty ad- ntor or to pre• ser"t;lon 'tt,e• age* or on an Is etas �IStt s�tbmlt sitid a m mum of 3 weeks prior to the re- spoctIve public hearing. In an s l�nte writ en b an says prior t the pubic hearing. At nia- terlal used in resenta- tlons before the [Beard will bacarnp a pernia- nent part of the record. ti AR. Of COUNTY CO 1EONERS TY, CO1 E7FA. CHAIR- No 11LtIwo HT E.4ROCK, cnne}ohri, Dep^ Feb.2 An_ 1913201 Chanel A. McDonald MY COMMISSION # DD210203 EXPIRES June 29, 2007 iSONDEDTHRU TROY FAIN INSURANCE , INC Copley of thy, prioiposed O dtnance are en file with the CteA to the any a Aai allabia Inter - to attend and be Ikea NOTE: All persons wish - inp to speak on any agenda item must repls- w#tti die aunty ad- ntor or to pre• ser"t;lon 'tt,e• age* or on an Is etas �IStt s�tbmlt sitid a m mum of 3 weeks prior to the re- spoctIve public hearing. In an s l�nte writ en b an says prior t the pubic hearing. At nia- terlal used in resenta- tlons before the [Beard will bacarnp a pernia- nent part of the record. ti AR. Of COUNTY CO 1EONERS TY, CO1 E7FA. CHAIR- No 11LtIwo HT E.4ROCK, cnne}ohri, Dep^ Feb.2 An_ 1913201 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office onlygjta the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throu routing lines # 1 through #4 complete the checklist and forward to Sue Filson line #5 Route to Addressee(s) List in routing order Office Initials Date 1. avororririat e. (Initial ) AP licable) 2. 2/13/07 Agenda Item Number 17 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. Ordinance ryi Number of Original 1 Attached I k/ T 0? Documents Attached 4. contracts, agreements, etc. that have been fully executed by all parties except the BCC 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office MC PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created(prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional ormissing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Margo Castorena Phone Number 530 -7387 Contact avororririat e. (Initial ) AP licable) Agenda Date Item was 2/13/07 Agenda Item Number 17 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance ryi Number of Original 1 Attached I k/ T 0? Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 4.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not avororririat e. (Initial ) AP licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be MC signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's MC Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the MC document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's MC — signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip MC should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 2 -13 -07 (enter date) and all MC changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 4.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: February 22, 2007 To: Margo Castorena Domestic Animal Services, Director From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2007 -23 Enclosed please one (1) copy of the document referenced above (Agenda Item #17A) as approved by the Board of County Commissioners on Tuesday, February 13, 2007. If you have any questions, please call me at 774 -8411. Thank you. Enclosures (1) MEMORANDUM Date: February 22, 2007 To: Larry Lawrence Property Appraiser From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Validated Ordinance: 2007 -23 Attached, please find one (1) copy of the document referenced above (Agenda Item #17A), as approved by the Board of County Commissioners on Tuesday February 13, 2007. If you should have any questions, please call me at 774 -8411. Thank you. Enclosure 1?A ORDINANCE NO.2007 -ma_ 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 every living dumb creature. B. Animal control means the eeuf4y - depaftment of anima' Eef Collier County Domestic Animal Services. Words Underlined are added; Words Stfue' Thfeuo are deleted �y 6�9�u `i�rc�TE6zirmi".rm�izei�.r e tttrttldy the detention, d/ * o + f � -rv� acccrrcrvrr�ui°c -c'airn oi— cr-curiir°vir�or- uirnirar� -i-ri Words Underlined are added; Words Stfue' Thfeuo are deleted 17 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 dots means any dog that according to the records of the appropriate authority: (1) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property; (2) Has severely injured or killed a domestic animal while off the owner's property; (3) Has been used primarily wn 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 b t�ppropriate 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 Anitnal Serti)ices means the director of the County's animal control department, including desigynees 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 officer 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 Str-uek Through are deleted. 17q 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. Wild 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 C,tniek Thf:augh are deleted. 17A Section Four: Director of Animal Control, Authority of; Unlawful to interfere with officer in performance of duty. A. The director of anima' entrer-E Domestic Animal Services (hereinafter "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 animal een#el• Domestic Animal Services shelter or other designated place. B. The director 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 of animal een*Fe', 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 of-animal- cent 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% 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 -chip plus 100 percent (100 %) for administration. (2) The above fees may be revised by resolutions adopted by the Board. F. The director 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 of aftim ' ee o►- 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 ek gl} are deleted. I ?q 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: Adoption, Redemption and Euthanization of Animals a Limitations on Pfevision of Animals for- Reseafeh, Testing a ^ nifn ,' Saet fiee 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 animal eent ' 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 £,true-k Thr-auo are deleted. 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- chippin;. 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 hall 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 -chip number to the Department of Animal Services. 4. Failure to comply 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.(iO It shall be unlawful for the owner of an animal to allow or permit his or her animal: 0+..L 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. Q)-.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. 0-43. -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 Stizuek Through are deleted. (H.- 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. q_47. To snap, growl, snarl, jump upon, or otherwise threaten persons lawfully using any road right -of -way. 04.-1. To bark, whine, howl, or cause other objectionable noise, which is offensive so as to create a nuisance. k9}:9. To be abandoned and thereby relinquish control of an animal with the intent or purpose of setting the animal at large. 44.410. 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 art- ieleordinance, a mandatory court appearance or appearance before the special master. 7 Words Underlined are added; Words bough are deleted. 17A SECTION FIVE: Creation of Section Nineteen, Dangerous Dog, Definitions and Procedure. Ordinance No. 93 -56 is hereby amended as follows: SECTION NINETEEN: Dangerous Dogs, definitions, and procedures. A. Definitions. (1) Dangerous dog, means any dog that according to the records of the appropriate authority: (a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property (b) Has severely injured or killed a domestic animal while off the owner's property; (c) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or Words Underlined are added; Words lTlr-euo are deleted. �t @lw Yi a !•l:d,Y rr EM MM • y • • . •. ol�l��ae \pJ: Y AMLUAUM ' • l.fYiill �•[Y. Il�l,li�i•�IS��YYI�' ��1• ya Yp�wIYiYYYY: Y\�NY�1.1'YYiiiA�rlAR - MW iifYl�l�lYaYf.r�r•YYi'9� �9�IYil��rr•ti iIYY[n- Iea�li�R[y SECTION FIVE: Creation of Section Nineteen, Dangerous Dog, Definitions and Procedure. Ordinance No. 93 -56 is hereby amended as follows: SECTION NINETEEN: Dangerous Dogs, definitions, and procedures. A. Definitions. (1) Dangerous dog, means any dog that according to the records of the appropriate authority: (a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property (b) Has severely injured or killed a domestic animal while off the owner's property; (c) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or Words Underlined are added; Words lTlr-euo are deleted. �t @lw Yi a EM • y • • . •. ol�l��ae \pJ: Y AMLUAUM ' • l.fYiill �•[Y. Il�l,li�i•�IS��YYI�' '<,l�llSYr�[•f'l� .fl/ iifYl�l�lYaYf.r�r•YYi'9� �9�IYil��rr•ti iIYY[n- Iea�li�R[y l9RSii�YY \� SECTION FIVE: Creation of Section Nineteen, Dangerous Dog, Definitions and Procedure. Ordinance No. 93 -56 is hereby amended as follows: SECTION NINETEEN: Dangerous Dogs, definitions, and procedures. A. Definitions. (1) Dangerous dog, means any dog that according to the records of the appropriate authority: (a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property (b) Has severely injured or killed a domestic animal while off the owner's property; (c) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or Words Underlined are added; Words lTlr-euo are deleted. 17A (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. (2) Unprovoked means that the victim who has been conducting_ himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog. (3) Severe injury means any physical 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 investi atg ion, 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, € --fir, 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 ap nel. (2) Any 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 employee designee, and any two employees in the public services department, not under the direction or control of the director of animal control, who are chosen on a case -by -case basis by the public services administrator. This hearin shall hall 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 count 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 humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any 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. Words Underlined are added; Words gtrwk Thr-eug4 are deleted. (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 be $300.00 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 been permanently identified as a dangerous dog; (iii) a color photograph that clearly shows the front of each required sign posted 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 be 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 (1) 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. 10 Words Underlined are added; Words S+,.,,ek Through are deleted. 17A 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 l3 ex- day of February, 2007. ATTEST: DWIGIJT- K.�'8ROQK, Clerk By:" — Approved as to form and legal sufficiency: Colleen M. Greene Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. JAM&COLETTA, Item # (-4A A; end! a , 3 , 11 11 Words Underlined are added; Words Stf:uek Thf:eugh are deleted. 17A STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2007 -23 Which was adopted by the Board of County Commissioners on the 13th day of February 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of February 2007. DWIGHT E. BROOK Clerk of Courts, arld Clerk Ex- officio County Commissioners By:Teresa Dillard, Deputy Clerk. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: Originating Dept/ Div: Engineering Services, Community Development & Environmental Services Person: Stephen Higgins Date: 1/11/2007 Petition No. (If none, give brief description): AVESMT- 2006 -AR -10036 Petitioner: (Name & Address): Ecoventure Wiggins Pass, LTD, 601 Bayshore Blvd., Suite 960, Tampa Fl. 33606 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) John Hilton — RWA Consulting, Inc. 6610 Willow Park Drive, Suite 200, Naples Fl. 34109 Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing) February 13, 2007 Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other Proposed Text: (Include legal description & common location & Size: See Resolution Companion petition(s), if any & proposed hearing date: n/a ❑ Legally Required Does Petition Fee include advertising cost? ® Yes ❑ No If Yes, what account should be charged for advertising costs: 113- 13 Q3 /2- <04t9//o Reviewed by: Division Administrator or Designee Date Joseph Schmitt List Attachments: Executive Summary — Copy Resolution No. 2006- AR-10036 with exhibits - Copy DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda tile: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE OfYLYi Date Received: 1117,11YI Date of Public hearing: /3 a7 Date Advertised: 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 '/4 of the southeast '/a of the northeast % 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: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK Approved as to form and legal sufficie• By: Jeff E. kvrifilTt Assistarkkollier County Attorney JIM COLETTA , CHAIRMAN N W E S 0 30 60 GRAPHIC SCALE 1 "= 60' PUBLIC UTILITY EASEMENT EXHIBIT "A" I THIS IS NOT A SURVEY I DELTA I LENGTH R.O.W. OF M VANDERBILT DRIVE --� 1 1860.08 1 A) L3 40.00 v 57.00 1\189'28'08 "E Z UTILITY O SYMBOLS AND ABBREVIATIONS o EASEMENT OR M Co 892, PAGE 552 P.O.C. = POINT OF COMMENCEMENT P.0.8. = POINT OF BEGINNING O U� Ll N F.I.P. = FOUND 5/8" IRON PIN F- 1. D. = IDENTIFICATION (C. R. 888) O.R. = OFFICIAL RECORDS BOOK S89 *28'08"W PG. = PAGE P.B. = PLAT BOOK 40.00 E.O.P. = EDGE OF PAVEMENT C. R. = COUNTY ROAD PREVIOUSLY WIGGINS PASS MARINA 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'OB "W. FOR 19.99 FEET; THENCE S.00'31'52 "E. FOR 22.00 FEET; THENCE S.89'28'08 "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 42.06 FEET; THENCE S.00'31'52 "E. FOR 63.00 FEET; TO THE POINT OF BEGINING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 2,810 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST RIGH 1 —UF —WAY UNL UI- STATE ROAD 865 -A, AS BEING SOUTH 00'30'22" EAST, FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM, (1999) ADJUSTMENT. Z O O Co !J O IV ECOVENTURE WIGGINS o PASS, LTD ? O.R. 3834, PG. 1946 O P.O.C. EAST 1/4 CORNER, SECTION 17 NORTHEAST CORNER OF CONKLIN POINT, P.B. 8, PG. 16 COLLIER COUNTY O.R. 1512, PG. 646 I EAST LINE OF SECTION 17 Z I O rno w4 o O N f M m A a1 0 Z rn P.O.B. I D I z I DELTA I LENGTH CB M C1 1 1860.08 1 1-45' L3 N01'25'09 "W 57.00 Z_7 M WIGGINS PASS ROAD (C. R. 888) CURVE TABLE CURVE I RADIUS I DELTA I LENGTH CB CD C1 1 1860.08 1 1-45' L3 N01'25'09 "W 57.00 LINE TABLE LINE BEARING I LENGTH L1 S89'28'08 "W 20.00 L2 S00'31'S2 "E 22.00 L3 N27'5 1'38 "E 42.06 —� I I 1310 (,o JOHN J. HILT PROFES IONAL SURVEYOR AND MAPPER LS #6278 DAITE SIG ED N: \2002 \020018.00.05 Aqua, Pelican Isle Yacht Club \0004 Easement Vacation \Pump easement vacation application \UE Vacation OR892- 552.dwg 6/28/2006 10:13:17 AM EST DATE: CLIENT: "DIVA 3/16/06 Planning SCALE: ECOVENTURE SANCERRE, LT. Vis�u7alization 1" = 60' Vi CONSULTING WYIl Fnginmring DRAWN BY: TITLE: .Z %, VA. Z EXHIBIT �,A„ V V Surveying & MNTing C.A.J. 6610 Willow Park Drive, Suite 200 CHECKED 9Y: PUBLIC UTILITY EASEMENT Naples, Florida 34709 J.J.H. Phone: (239) 597 -0575 SEC: TWP: RGE: PROJECT SHEET FILE FAX: (239) 597 -0578 17 48S 25E NUMBER: 02- 0018.05 NUMBER: 1 OF 1 1 NUMBER: 0004 VICINITY MAP THIS IS NOT A SURVEY MAP NOT TO SCALE N W E LITTLE LELY HICKORY 13AREFDo BEACH LEL BAREFOOT CONDO BEACH BONITA SHORES � m -w -25 AUDUBON J COUNTRY LEE C ❑LINTY CLUB COLLIER C ❑UN GAO LETA STERLING OAKS AR FOREST oa -4e_yz ��� CLUB ATERGLADE THE RETREAT Q- `Cf io-w -n 0-8 -25 MEADOW RBOR TRAC VILLAGE PLACE STAT p E ESTATES PROJECT ° -`° 2S L PLAZn LOCATION WIGGINS PASS LAKES C.R. 888 a -4e -25 I ae -v KREH ING ^ PGGIEN INDUSTRIES °m WIGGINS PUD BAY 0 { IV INWE STAL LITY .. �y o r o COCOHATCHEE vi RIVER TRUST 20 w -25 .J. 22-411-25 K Q W pp z BEACHWAY I- COLLIER HEALT. RESERVE CENTER �y _.1 F Q 1 Plannm INC V DIVA �sualizahg on CONSULTING Civil Engineering Z L T Il Z Surveying & Mapping 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: [239)597 -0575 FAX: (239) 597-0578 ABBREVIATIONS C.R. = COUNTY ROAD P.U.D. = PLANNED UNIT DEVELOPMENT XX -XX -XX = SECTION - TOWNSHIP -RANGE DATE' CLIENT: 5,22/ °6 SCALE: EC ❑VENTURE SANCERRE, LT, N/A DRAWN BY: TITLE: C.A.J. CHECKED 8Y: VICINITY MAP J.J.H. SEC: TWP: RGE: PROJECT SHEET FILE 17 48S 25E NUMBER: 022 - 0018.05 1 NUMBER: 1 OF Z I NUMBER: 0004 17C'^ 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 '/4 of the southeast '/a of the northeast '/4 in Section 17, Township 48 South, Range 26 East, Collier County, Florida, and being further described in Exhibit "A ". ORJECTIVE- To adopt a Resolution to vacate all of a certain utility easement located in the southeast '/4 of the southeast '/ of the northeast '/4 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 $1,000.00 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL /ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution and associated legal documents. I? C RECOMMENDATIONS: 1. Adopt the Resolution for Petition AVE SMT- 2006 -AR- 10036, Aqua, Pelican Isle Yacht Club, to vacate all of a certain utility easement located in the southeast % of the southeast' /4 of the northeast % in Section 17, Township 48 South, Range 25 East, Collier County, Florida and more particularly described in Exhibit "A ". 2. 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 requi9red by Section 336.10, Florida Statutes. PREPARED BY: Stephen A. Higgins P.S.M., Engineering Services Department a M O ITI I• u I-i r r� n y n r .. i. O�-�4 r z n b rrc t Page 1 of 2 Martha S. Vergara From: HigginsStephen [StephenHiggins @ colliergov.net] Sent: Tuesday, January 16, 2007 9:55 AM To: Martha S. Vergara Subject: RE: AVESMT- 2006 -AR -10036 All these should be in Zip 34110. From: Martha S. Vergara [mailto: Martha .Vergara @clerk.collier.fl.us] Sent: Tuesday, January 16, 2007 9:11 AM To: HigginsStephen Subject: RE: AVESMT- 2006 -AR -10036 I have this list but it doesn't include the zip codes for those addresses. Thanks Martha From: HigginsStephen [mailto :StephenHiggins @colliergov.net] Sent: Tuesday, January 16, 2007 9:09 AM To: Martha S. Vergara Subject: RE: AVESMT- 2006 -AR -10036 Martha, I have attached a scanned copy of the list of the adjoining property owners. Sorry, I thought they were attached with mail I sent to the Clerk's office. Stephen A. Higgins III, P.S.M. Collier County Surveyor Collier County Engineering Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Phone: 239 - 530 -6885 Fax: 239 - 530 -6201 StephenHiggins @colliergov.net From: Martha S. Vergara [ma i Ito: Martha .Vergara @clerk.collier. fl. us] Sent: Tuesday, January 16, 2007 9:02 AM To: HigginsStephen Subject: AVESMT- 2006 -AR -10036 Stephen, I will need the complete list with entire addresses for the Adjoining Property Owners of Aqua at Pelican Isle Yacht 1/16/2007 Club ASAP so that this advertising can be sent out.. Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 1/16/2007 Page 2 of 2 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 13, 2007 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVESMT- 2006 -AR- 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'. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) r January 12, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: AVESMT 2006 -AR -10036 Dear Legals: Please advertise the above referenced notice on Friday, February 2, 2007 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk Account No. 113 - 138312- 649110 C u1 ty-of Col Tier �Tp CLERK OF TIFF✓ CIRCUIT COURT 3301 TAMIAMI T Dwight E. Brock 3301 COUNTY COURTHOT USE Clerk of Courts Clerk of Courts 1�AIL EAST P.O. BOX 41 +'1044 Accountant NAPLES, FLORIDA ,3J 101 -3(x¢4 Auditor Custodian of County Funds January 12, 2007 John Hilton RWA Consulting, Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 Re: Petition AVESMT- 2006 -AR -10036 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 13, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, February 2, 2007. You are invited to attend this public hearing. S incerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerkaa ,clerk.collier.fl.us 'Go: -upty- of- Collier CLERK OF THt CIRCUIT COURT Dwight E. Brock COLLIER COUNTY URT4OUSE Clerk of Courts Clerk of Courts 3301 TAMIAMI TRAIL EAtT P.O. BOX 01 044 Accountant NAPLES, FLORIDA'�3J101 -A44 Auditor Custodian of County Funds January 12, 2007 Ecoventure Wiggins Pass, LTD, 601 Bayshore Blvd. Suite 960 Tampa, FL 33606 Re: Petition AVESMT- 2006 -AR -10036 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 13, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, February 2, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerkna clerk.collier.fl.us 11ty o CLERK OF THE CF Dwight E. Brock COLLIER COUNTY g 3301 TAMIAMI TR Clerk of Courts P.O. BOX 41, NAPLES, FLORIDA January 12, 2007 Vanderbilt Partmers II, LTD 510 Wiggins Pass Rd Naples, FL 34110 Re: Petition AVESMT- 2006 -AR -10036 Dear Petitioner: RMIE 3olher CUIT COURT IURT OUSE AIL EAT Clerk of Courts )44 Accountant X4101 -3044 Auditor Custodian of County Funds _7 r Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 13, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, February 2, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier fl.us Email: collierclerk&clerk.collier fl.us 'County of Collier CLERK OF THE CjRCUIT COURT DWl ht E. Brock COLLIER COUNTY COURTI�OU! g 3301 TAMIAMI TAIL EAT Clerk of Courts P.O. BOX 41,044 ',, NAPLES, FLORIDA134101 -3644 January 12, 2007 Lodge Abbott Associates, LLC 13640 Vanderbilt Dr. Naples, FL 34110 Re: Petition AVESMT- 2006 -AR -10036 Dear Petitioner: (7 4 NM �. Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 13, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, February 2, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerkkclerk.collier.Mus 17 C 'Country -of Coll ier CLERK OF THt CIRCUIT COURT Dwight E. Brock COLLIER COUNTY GOURT,OUSE Clerk of Courts g 3301 TAMIAMI TAIL EAtT Clerk of Courts P.O. BOX 41,1044 Accountant NAPLES, FLORIDA 34101 -30}4 Auditor Custodian of County Funds i January 12, 2007 Kevin Hendricks 2885 S. Horseshoe Drive Naples, FL 34104 Re: Petition AVESMT- 2006 -AR -10036 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 13, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, February 2, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk(a,clerk.collier fl.us Martha S. Vergara From: ClerkPostmaster Sent: Tuesday, January 16, 2007 4:10 PM To: Martha S. Vergara Subject: Delivery Status Notification (Relay) Attachments: ATT486272.txt; AVESMT- 2006 -AR -10036 :=2] LLJ ATT486272.txt AVESMT- 2006 -AR -1 (231B) 0036 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Martha S. Vergara From: System Administrator [postmaster @naplesnews.com] Sent: Tuesday, January 16, 2007 4:10 PM To: Martha S. Vergara Subject: Delivered: AVESMT- 2006 -AR -10036 Attachments: AVESMT- 2006 -AR -10036 LLJ AVESMT - 2006 -AR -1 0036 «AVESMT- 2006 -AR- 10036» Your message To: legals@naplesnews.com Subject: AVESMT- 2006 -AR -10036 Sent: Tue, 16 Jan 2007 16:09:57 -0500 was delivered to the following recipient(s): legals, NDN on Tue, 16 Jan 2007 16:10:08 -0500 1 Martha S. Vergara From: Perrell, Pam [paperrell @naplesnews.com] Sent: Wednesday, January 17, 2007 8:23 AM To: Martha S. Vergara Subject: RE: AVESMT- 2006 -AR -10036 OK From: Martha S. Vergara [mai Ito: Martha .Vergara @clerk. col Iier.fl.us] Sent: Tuesday, January 16, 2007 4:10 PM To: legals @naplesnews.com Subject: AVESMT- 2006 -AR -10036 Pam, One more ad for today. Thanks, Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 1/17/2007 Page 1 of 1 17C Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News -------------------------------------------------- +----------------- - - - - -- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 113138312649110 59346181 AVESMT- 2006 -AR -10036 State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 02/02 02/02 AD SPACE: 112.000 INCH FILED ON: 02/02/07 -------------------------------- ----------- ------ ----------------------- Signature of Affiant �-J - Sworn to and Subscribed before me this'7i�') day of 206*1 Personally known by me Ct', a -n pp Chanel A McDonald *: *_ MYCOMMISSION# DD210203 EXPIRES June 29, 2007 qFn,. BONDED THRU TROY FAIN INSURANCE, INC 01'40 ONWAM �sW AVESMT- AR -10096 NOI1C : Or PUBIC HEARING If_1! All Persons speak on Item must i the Count F1 an Is spokesperson for a group or organization tray be allotted 10 min- utes to speak on an item. BOAR: BOUNTY' C L '.I OR COUNTY, N ES,COLETTA, CHAIR- 11G Hr E. BROCK, By: _Martha Vergara, EXECUTIVE SUMMARY 1 7C 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 1/4 of the southeast '/a of the northeast 1/4 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 % of the southeast Y4 of the northeast '/a 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 $1,000.00 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. IM 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. 17� RECOMMENDATIONS: Adopt the Resolution for Petition AVESMT- 2006 -AR- 10036, Aqua, Pelican Isle Yacht Club, to vacate all of a certain utility easement located in the southeast % of the southeast' /4 of the northeast % in Section 17, Township 48 South, Range 25 East, Collier County, Florida and more particularly described in Exhibit "A ". 2. 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 requi9red by Section 336.10, Florida Statutes. PREPARED BY: Stephen A. Higgins P.S.M., Engineering Services Department RESOLUTION NO. 07- 35 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 Y4 of the southeast '/4 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 Resolutir,- in the Official Records of Collier County, Florida; to publish notice otion of this Resolution within 30 days of adoption; and to recur-' f publication as required by Section 336.10, Florida StatutP- This Resolution adopted after motif same, this /36 day of FebruarV , DATE:, • 4 . ATTEST: BROQK, CLERK lrjoL Approved as to form and legal sufficien • By: Jeff E. ri ht AssistarVollier County Attorney S6 "U, BOARL NERS COLLIE Y, FLORIDA favoring r 2rr R 'tea EXECUTIVE SUMMARY Recommendation to approve Petition AVE SMT-2006-AR-1 0036, 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 1/4 of the southeast 1/4 of the northeast 1/4 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'/ of the southeast % of the northeast '/4 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 $1,000.00 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. IM 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. RECOMMENDATIONS: 1. Adopt the Resolution for Petition AVESMT- 2006 -AR- 10036, Aqua, Pelican Isle Yacht Club, to vacate all of a certain utility easement located in the southeast Y4 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 ". 2. 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 requi9red by Section 336.10, Florida Statutes. PREPARED BY: Stephen A. Higgins P.S.M., Engineering Services Department 17 c February 19, 2007 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Adoption of Resolution No. 2007 -35 Petition AVESMT- 2006 -AR- 10036, Dear Legals: Please advertise the above referenced notice of adoption on Thursday, February 22, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Dillard, Deputy Clerk P.O. 113 - 138312- 649110 Teresa L. Dillard To: legals @naplesnews.com Subject: Notice of Adoption Attachments: Notice of Adoption Reso 07- 35.doc; Notice of Adoption Res. 07- 35.doc Legals, Please advertise the following on Thursday, February 22, 2007. Any questions, please contact me. Thank you Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239 - 774 -8411 ( Teresa. Di llard@clerk.collier.fLus) 1 i7c Notice of Adoption Notice of Adoption Reso 07- 35.... Res. 07- 35.... Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239 - 774 -8411 ( Teresa. Di llard@clerk.collier.fLus) 1 i7c 17C Teresa L. Dillard From: ClerkPostmaster Sent: Monday, February 19, 2007 10:05 AM To: Teresa L. Dillard Subject: Delivery Status Notification (Relay) Attachments: ATT786214.txt; Notice of Adoption EJ LI ATT786214.txt Notice of Adoption (231B) This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Teresa L. Dillard E� From: System Administrator [postmaster @naplesnews.com] Sent: Monday, February 19, 2007 10:05 AM To: Teresa L. Dillard Subject: Delivered: Notice of Adoption Attachments: Notice of Adoption LJ Notice of Adoption <<Notice of Adoption>> Your message To: legals@naplesnews.com Subject: Notice of Adoption Sent: Mon, 19 Feb 2007 10:04:37 -0500 was delivered to the following recipient(s): legals, NDN on Mon, 19 Feb 2007 10:04:48 -0500 1 Notice of Adoption Teresa L. Dillard From: Perrell, Pam [paperrell @naplesnews.com] Sent: Monday, February 19, 2007 10:38 AM To: Teresa L. Dillard Subject: RE: Notice of Adoption OK From: Teresa L. Dillard [ma ilto: Teresa .Dil lard @clerk. col Iier.fl.us] Sent: Monday, February 19, 2007 10:05 AM To: legals @naplesnews.com Subject: Notice of Adoption Page 1 of t BIWA Legals, Please advertise the following on Thursday, February 22, 2007. Any questions, please contact me. Thank you <<Notice of Adoption Reso 07- 35.doc>> <<Notice of Adoption Res. 07- 35.doc>> Teresa L. Dillard Clerk to the Board of County Commissioners Minutes and Records Department 239 - 774 -8411 ( Teresa. Dillard@clerk.collier.fl.us) 2/19/2007 Naples Daily News : Classifieds Results Ordinances and Petitions AVESMT..2006 -AR -10036 NOTICE OF ADOPTION Notice is hereby given that on the 13th day of February, 2007, the Board of County Commissioners of Collier County, Florida, adopted Resolution 2007 35, Petition AvEsm r 2006-AR10036, Disclaiming, Renouncing and Vacating the County's and the Public's Interest in the Irregular width utility easement located in the Southeast of the Southeast of the Notheast in Section 17, 1 ownship 411 South, Range 25 East, Collier County, Florida, and beign further described in Exhibit W. Resolution 2007-35 may be viewed in the Office of the Clerk to the Board, Minutes & Records Department, 4th Floor, Administration Building, Collier County Government Center, 3301. East Tamiami Trail, Naples, Florida. BOARD OF COUNTY COMMISSIONERS COLLIER COUNI _Y, FLORIDA JAMES COLE'TTA, Chairman DWIGHT E. BROCK, Clerk BY: Teresa Dillard, Deputy Clerk (SEAL) Feb. 22 No. 1525499 Start Date. 02/22/2007 Stop Date: 02/22/2007 ................. ........... I... ..................... 11 .............. - .................... .... ........................................ Page I of I 17C http: / /marketplace.naplesnews. comlmach2lnaplsearchISearchAds. action ?Catld = notices &C... 2/22/2007 TIM , ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENT'S SENT TW w- • � '"Tft 'ISOARD'OF COUNTY COMMISSIONERS OFFICE FO WIdrtnupink Popar.At�li to original document. original documents should be hd `Lf'�... ce: muting "stp knd original dmuments are to be forwarded to the Board Ofrice only after the Board has taker action on the item) v aueAr#:r ^e ROUE i1P ; Complete , tin Ir gl 1 t gnatures, dates aadlurmfummtion needed. If the document is atrJ:*dy compttite whit the ro�i g sae£ hrogsil4!i of Appropriate for additgaal si exception of the Chairman's si nature, draw a line tivou+h roulin lines 91 throu h q4, cont ICfe the checklist and forward toSuc Filson 'ue # Route to Addresste(e) y= Office Initials ate (List in routing order mate. (3tuttal M, A ltcable t 1� d eMkL 46 %J Ws5WbrzrA E96;WF- Eejt4' 4r Agenda Item Number p i NnMAS r , .. E I a (f ,Number pf uniginal ` <° Documents Attached CASA1,0�,,P1s6 . resolutions, etc, signed by the County Attorney's Office and signature pages from "' '# contracts, agreements, etc. that have been fully executed by all parties except the BCC a• ,,. ,i a ,„ ;,,,, 5. Sue Fi }so> Fxecutivq fez.,, r* f ,9 ty Commissioners , 6. Minutes and R66or`ds C16ik'of Court's Offlee " ' Office and all other parties except the BCC Chairman and the Clerk to the Board ` U - Yar<4v r +,o-. ;per in m*'ad_m'rt" PRIMARY CONTACT INFORMATION Minvitirnary contact Is *460lder of the summary. Primary contact information is needed in the event one c f the addressees above, includi informat ion. All otgipAl flou#uparts needing the BCC Chairman's signature are to bedalivered to Sue Filson, need to Name: of Primary -Staff Contact Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number l l /Adj?Ipt mate. (3tuttal M, A ltcable t t�genda Date Item was � F� /. Agenda Item Number p i type -of Document Attached r , .. E I a (f ,Number pf uniginal ` <° Documents Attached a atad . - $NfiTRrI!`T7(1NC R, fiiTi!"lIT 7CT 1 Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WwS Original 9.03-04, Revised _),z� >lt�., Y, f'{nW„LA su�hcn i 4 nom. r>lg, r `sf ;; Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes l l /Adj?Ipt mate. (3tuttal M, A ltcable t 1 Original document has been signed/initialed for legal sufficiency. (All documents to be signed }iy'tite Chait"rnan; with the exception of ere, must be reviewed and signed .. ` by the Office of the County Attorney. This inch es signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from "' '# contracts, agreements, etc. that have been fully executed by all parties except the BCC a• ,,. ,i a ,„ ;,,,, Chairman and Clerk to the Bo ird and possibly State Officials.) , All'hhifdwf'itttii -strike- through and revisions have been initialed by the County Attorney's t t rY Office and all other parties except the BCC Chairman and the Clerk to the Board ` U 3. The Chairman's signature line date bas been entered as the date of BCC approval of the document or the final negotiated contract date whichever i a lie b e. 4. "Si gn here" taba tN�w tvn thevESr e pages i e e - airman's signature and initials are required. 5. - In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on O�j (enter date) and all changes N1jjj pn made during the meeting have been incorporated in the attached document. -, Coun Attorney's Office has reviewed the changes, if applicable, line b. 1 Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WwS Original 9.03-04, Revised _),z� >lt�., Y, f'{nW„LA su�hcn i 4 nom. r>lg, r `sf ;; 3986653 OR; 4196 PG; 2911 7 RBCORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/13/2007 at 03 :28PK DWIGHT B. BROCK, CLERK REC FBI 44.00 COPIES 5.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 7240 PLEASE RE- RECORD THIS RESOLUTION ORIGINAL RECORDING OMITTED ONE EXHIBIT OMITTED DOCUMENT ATTACHED RESOLUTION 2007-35 Retn: 3984081 OR: 4194 PG: 1008 REC FEE 21.00 CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL COPIES 3.00 INTEROFFICE 4TH FLOOR 03/08/2001 at 08:35AK DWIGHT E. BROCK, CLERK EYT 8406 RESOLUTION NO. 07- 35 /OR: 4196 PG: 2917 ✓ A RESOLUTION OF THE BOARD OF COUNTY] P, COMMISSIONERS OF COLLIER COUNTY, FLORIDA, 1 7�r 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' /4 of the southeast' /4 of the northeast % 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 13 *6 day of ebrq- , 2007. DATE- ;, BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA IGHTI I +. BRRO. -, K, Ck -I=RK rut g By: JIM e6LETTA, CHAIRMAN Approved as to form and legal sufficien • By: Jeff E. kVriAhTt Assists oilier County Attorney OR; 4194 PG; 1009 ✓OR; 4196 PG; 2918 ✓ NAPLES DAILY NEWS Published Daily Naples. FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority -, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue on February 22nd 2007. giant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties ofFlorida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and aifiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me This 22`I of February. 2007 C 4 ` C, C (Signature of notary public) ChanelA McDonald .: .; MY COMMISSION # DD210203 EXPIRES June 29, 2007 HONDFDTHRUTROVFAININSURANCE,!NC FEI 59- 2578327 �r 0110 �D AVESMT•2fl06•AR•10036 NOTICE OF ADOPTION Resolution 2007 -35 may be viewed In the Office of the Clerk to the Board, Minutes & Re. cords DepPartmegt, 4th m Floor, Adinistration Building, Collier County Government T i, 3 atTiMlai al Naples, Florida, BOARD OF COUNTY COMMISERONCQUNTY, FLORIDA JAMES COLETTA, Chair- man uuBttYy: Teresa DIUard1eD�iep. 'SEAL' Feb. 22 No 15254" ✓OR, 4196 PG; 2919✓ OR; 4194 PG; 1010 0110 onown +�. n AVESNFT -2GQ �AR•1dp36 NOTK OF NAPLES DAILY NEWS PuBLrcHEARInIG p A rtl%elsB hh,,eby th of p Published Daily Caat missioners of Co - Na Naples. FL 34102 Tier County will hold a P nubile hmrlm M T.— Affidavit of Publication State of Florida County of Collier Before the undersigned they sere as the authority, personally appeared B. Lamb. who on oath saes that they serve as the Assistant Corporate Secretary of the Naples Daily_ a daily newspaper published at Naples. in Collier County, Florida: distributed in Collier and Lee counties of Florida: that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE TV' I tlDA ,ANu`'"""� Ft1ItTHER pESClUa EXHIBIT'#'. NN as published in said newspaper 1 time in the issue NOTE: All Persons wIWi- on February 2 °`'_ 2007 Ina to speak on any agenda its _mtmt ram.. af7iant further says that the said Naples Daily News is a newspaper published at Naples in said Collier County, Fiorida, and that the said Item t m 0 senzaiton be addr Inds�trrldeal asp f n wspapci has heretofore been COMMUoush' published in said Collier be IlmRed to 5 "ti on any Rem. The C ount\. I loi ida, distributed in Collier and Lee counties of I lorida, tion of an Indift i to ch day nd has heel entered as second class mail matter at the post speak on krel►aipfr orgsnizatlan or li. m Maples_ m said Collier Counts Florida, t <ir a period of 1 p0�� if enOAUraged. f re t}p�. nieed by the C ir; Vi car nee pr .tiding the lust puhliCa[ion of the atutchcd copy of a° spokesperson for a advcrtisement and affiant further sa%,s that he has neither paid nor areap % Organisat n may be allotted) 10 promised am' parson, firm or corporation any discount. rebate, utes to speak- on an commission or refund for the purpose of securing this adN ertisement for Rem. publication in the said newspaper. Persons wishing to have written or graphic materials Included in �Board agenda pack - Signature of affiant) ct� must nit srld mm*W re- Prior to the s1�tive p llto re- hearing. IR sn1� 4`as @r YMr'Itben rata -.` teriats ant+dad to be Sworn to and subscribed before me sirs° i be suu miittti auto This 2nd the- appropriate County staff n minimum of aw en da of February, 2007 s prlor to the tioNhk, Morro, the. B wne im07Lr eeewd ( Signature of notary public) Any person -. iwh,ol�dcecidd t °f will need a Chanel A McDonald recarif of Jlrtacead- f .- P�IY COMMISSION # D0210203 EXPIRES Tune 29, 2007 Inge partro, fo i the o antld thsre-iare, Wray :t o$ GONDEDTHRU TROY FAIN INSURANCE,INC Head to enure at a yalbaiJttlt�l, r*colrd of X11 proaeeclinyit i m e, which r,, 4In+cit l' t¢stlmo `ana tlich FEI 59- 2578327 e a" fhe appeal is =ed BOA O (f FE pWNTY RS pE It COUNTY, FLOR, JJ�A�,pES COLETTA, CHAIR - OCWRIK HT E. BROCK, 00 , Clerlka veraara. F ' _ o- N W E S 0 30 60 GRAPHIC SCALE 1 "= 60' PUBLIC UTILITY EASEMENT EXHIBIT "A" THIS IS NOT A SURVEY SYMBOLS AND ABBREVIATIONS P.O.C. = POINT OF COMMENCEMENT P.O.B. = POINT OF BEGINNING F.I.P. = FOUND 5/8" IRON PIN .D. = IDENTIFICATION O.R. = OFFICIAL RECORDS BOOK PG. = PAGE P.B. = PLAT BOOK E.O.P. = EDGE OF PAVEMENT C. R. = COUNTY ROAD PREVIOUSLY WIGGINS PASS MARINA 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 5.89'28'08 "W. FOR 19.99 FEET; THENCE S.00'31'52 "E. FOR 22.00 FEET; THENCE S.89'28'08 "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 42.06 FEET; THENCE S.00'31'52 "E. FOR 63.00 FEET; TO THE POINT OF BEGINING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 2,810 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON' THE WEST RIGHT —OF —WAY LINE OF STATE ROAD 865 -A, AS BEING SOUTH 00'30'22" EAST, FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM, (1999) ADJUSTMENT. JOHN J. HILL. t,PROFES SURVEYOR AND MAPPER LS (j6278 !&Aq R.O.W. OF VANDERBILT D 40.00 N89'28'08 "E Z O UTILITY o EASEMENT OR 00 c.1 892. PAGE 552 o N L1 r N S89'28'08 "W 40.00 �F ECOVENTURE WIGGINS N PASS, LTD O.R. 3834, PG. 1946 P.O.C. EAST 1/4 CORNER, SECTION 17 NORTHEAST CORNER OF CONKLIN POINT, P.B. S. PG. 16 COLLIER COUNTY O.R. 1512, PG. 646 EAST LINE OF I 7 SECTION 17 Z I� 0 CB M C1 o� N IO y N01'25'09 "W P.O.B. � D m z CURVE m DELTA LENGTH CB M C1 1860.08 1'45'21" y N01'25'09 "W I f UTILITY EASEMENT I m N ERT OZ— OQ 8, 0rj SHEEr NUMBER: � OF M q� WIGGINS PASS ROAD (C. R. 888) I CURVE TABLE CURVE RADIUS DELTA LENGTH CB CD C1 1860.08 1'45'21" 57.01 N01'25'09 "W 1 5-7.00 I I 13 o Co D TE SIG ED _ LINE TABLE LINE BEARING LENGTH L1 S89'28'08 "W 20.00 L2 S00'31'52 "E 22.00 L3 N27-51'38"E 42.06 N: \2002 \020018.00.05 Aqup, PeFgan Isle Yacht Club \0004 Easement Vacation \Pump easement vacation application \UE Vocation OR892- 552.dwq 6/28/2006 10:13:17 AM EST DIVAINC. Visualization g CONSULTING Civil B*nming Z t T Tl Z Siuveying & Mapping 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 DATE CLIENT: 3/16/06 SCALE ECOVENTURE SANCERRE, LT. ' 1 " = 60' DRAWN BY TITLE: EXHIBIT "A" C.A.J. = "ECKE° BY PUBLIC UTILITY EASEMENT J�5E 17: ERT OZ— OQ 8, 0rj SHEEr NUMBER: � OF FILE NUMBER: QQQ2} COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: r Originating Dept/ Div: Comprehensive Planning Dept. Person: Tom Greenwood Date: 1/19/2007 Petition No. (If none, give brief description): SSA #9 Resolution Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Same as above. Hearing before XXX BCC BZA Other Requested Hearing date: February 13, 2007 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: See Attached ❑ Leery Required Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes ❑ No If Yes, what account should be charged for advertising costs: 111- Aeent Approved by: � -Zf -0? ctor Da te County Manager Date List Attachments: Add Requests and copy of Resolutions DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division ❑ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ##iii ##ti #tiiii! ## iii# *iiii # #iik# #iiii ## #iii # # ## iii # # # #i # # # # #i #i # #•ii # #i #i # #i # #i# #iiii #•iii##ii ##i * *# *i * * ## FOR CLERK'S OFFICE USE O Date Received: / D Date of Public hearing: / Date Advertised: / d% �lL�7 February 13, 2007 Board of County Commissioners Public Hearing Advertising Reauirements Please publish the following Advertisement and Map on Sunday, January 28, 2007, and furnish proof of publication to Marcia Kendall, Planner, Comprehensive Planning Department, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be no less than one - quarter page and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. 17n NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on TUESDAY, February 13, 2007 in the County Commissioners Boardroom, 3`d Floor, W. Harmon Turner Building (Bldg. F.), Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of County Commissioners will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The Title of the proposed Resolution is as follows: RESOLUTION 2006- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DESIGNATING 784.9± ACRES IN THE RURAL LAND STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A STEWARDSHIP SENDING AREA WITH A DESIGNATION AS " HCLRP SSA 9," APPROVING A STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR HCLRP SSA 9, APPROVING A STEWARDSHIP SENDING AREA EASEMENT AGREEMENT FOR SSA 9, AND ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS GENERATED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA All interested parties are invited to appear and be heard. Copies of the proposed Resolution is available for public inspection in the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to February 13, 2007, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JIM COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/ Linda Z. Houtzer, Deputy Clerk (SEAL) W i O M Z O II W QI N ` 2 co N I` W In I W f0 N W Ln N 170 T 46 S T 47 S T 48 S T 49 S T 50 S T 51 S T 52 S T 53 S liNnOJ a6VM088 a.NnOD Sava U z a c E I I J I a�s = Mexico G ul f LL RESOLUTION 2007- A RESOLUTION OF THE COLLIER MISSIONERS BOARD OF COUNTY C ES COMMISSIONERS THE RURAL DESIGNATING 789 OVERLAY LAND STEWARDSHIP AREA ZON AREA DISTRICT AS A STEWARDSHIP SENDING WITH A DESIGNATION AS «B SEND NG SSA AREA APPROVING A STEWARDSHIP CREDIT AGREEMENT FOR SEND SENDING AREA APPROVING A STEWARDSHIP EASEMENT AGREEMENT FOR BCI /BCP SA % AND ESTABLISHING THE NUMBER STEWARDSHIP CREDITS GENE RATED TEWARDSHIP DESIGNATION OF SAID 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 Developme nt Code 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 BCI /BCP SSA 9 Stewardship Easement, 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. LNIM4 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 BCl /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 suciency: B rd cejht s ant County Attorney 17 L 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, f the LDC otherwise utilized by the Owner in accordance with Section 4.08.04 o 5. The Board hereby establishes and authorizes an additional two thousand seven hundred and sixty five u under the terms of t Stewardship s Agreemelnt to be transferred to the Ow ner attached hereto as Exhibit 2. g. 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 Agreeond those uses specifically authorized in the BCI /BCP SSA 9 Credit 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 sufficiency: By: Jeff Wright Assistant County Attorney 17 p 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 % 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: 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. 17� 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. ATTEST: DWIGHT E. BROCK , Deputy Clerk Approved as to form and legal s ciency: By: Je ight Vis ant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Commissioner Jim Coletta, Chairman 170 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 Y. 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 BA. 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. 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 B.4.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. 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. 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. 17p GRANTEES' ACCEPTANCE OF STEWARDSHIP EASEMENT WITNESS: FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER AFFAIRS By: Name Signature Name Signature Print Name Its: 7� 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: Jeff E. Wright Assistant County Attorney WITNESS: Notary Public Name Certificate No. My Commission Expires BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Jim Coletta, Chairman BARRON COLLIER INVESTMENTS, LTD. A Florida Limited Partnership By: (Signature) (Print full name) (Signature) (Print full name) Paul J. Marinelli Administrative Agent WITNESS: (Signature) (Print full name) (Signature) (Print full name) WITNESS: (Signature) (Print full name) (Signature) (Print full name) r70 BARRON COLLIER INVESTMENTS, LTD. A Florida Limited Partnership Katherine G. Sproul, Trustee Juliet C. Sproul Testamentary Trust A General Partner BARRON COLLIER PARTNERSHIP, A Florida General Partnership in Paul J. Marinelli Administrative Agent I" a,"� WITNESS: (Signature) (Print full name) (Signature) (Print full name) STATE OF FLORIDA COUNTY OF COLLIER BARRON COLLIER PARTNERSHIP, A Florida General Partnership 17p Katherine G. Sproul, Trustee Juliet C. Sproul Testamentary Trust A General Partner 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: 170 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: 170 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 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 17p 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 13.31(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. 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. 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. Layers 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 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 Jim Coletta, Chairman WITNESS: (Signature) (Print full name) (Signature) (Print full name) WITNESS: (Signature) (Print full name) (Signature) (Print full name) 17n BARRON COLLIER INVESTMENTS, LTD. A Florida Limited Partnership go Paul J. Marinelli Its Administrative Agent BARRON COLLIER INVESTMENTS, LTD. A Florida Limited Partnership In 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) BARRON COLLIER PARTNERSHIP, A Florida General Partnership By: Paul J. Marinelli Its Administrative Agent BARRON COLLIER PARTNERSHIP, A Florida General Partnership in Katherine G. Sproul, Trustee Juliet C. Sproul Testamentary Trust A General Partner 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. Notary Public Name: Certificate No. My Commission expires: 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 INVESTMENTS, LTD. Notary Public Name: Certificate No. My Commission expires: 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 PARTNERSHIP Notary Public Name: Certificate No. My Commission expires: 17n 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: 170 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 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 1/4 CORNER OF SAID SECTION 13 (POINT NUMBER 2, NORTHING 712792.47, EASTING 501378.16); THENCE LEAVING SAID SOUTH LINE OF SECTION 13, NORTH 01 011'28" 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 °11'28" 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 89 024'56" 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); 7/2612006- 165933 Ver: 01!- JCSOTTY CA 03312 -SO4- 040 - V W RK- 28783 t 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!2612006- 165933 Ver: 01!- JCSOTTY CAV 03312- SO4 -040- V W RK- 28783 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 712612006165933 Ver: 01!- JCSOTTV 'A- 03312-SO4- 040 - V W RK- 28783 17D 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 01003'33" 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 88 056'28" WEST. 7126/2006- 165933 Ver 01!- JCSOTTY C-3 03312 -SO4 -040. V W RK- 28783 17p 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 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. 3. COORDINATE BASIS: 7/26/2006 - 165933 Ver: 011- JCSOTTY CA 4] 03312 -SO4- 040 - VW RK- 28783 �I ill° New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING. WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH. RANGE 29 FAST AND SECTIONS 7AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY. FLORIDA SHEET 6 OF 6 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 0(-8-06 BRADLEY E. STOCK HAM, P.S.M. PSM.#8390 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. iowl om ver. Mt- JCsoTry A 033125 04 W 0 • V W R: G. 29783 1 PREPARED BY: BRADLEY E. STOOKHAM, P.S.M. L.S. #6390 DATE O O O N II Gj J Q U N N S01' 11'26 150.02' B.C.I. BEING SOUTH 844THO WEST. CERTIFICATE OF AUTHORIZATION /LB -43 1. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS O.R. BOOK 2493 O.R. OFFICIAL RECORD BOOK PAGE 2779 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, � N89'00'09 "E R.O.W o RIGHT OF WAY POC —1 T F T 1106.06' RECORD. 8 0 500 1DOO 2000 4000 6. 7. 12 S89'?4'S6"W 151.63' _� C.D.C. O.R. NN 1537 PAGE 749 13 N89'32'26'E I N v e T -48 -S 6 N89'5 1.32"E 1993.62' B.C.I. O.R. BOOK 2493 3 PAGE 2779- 8 2796 70 7 %, 7777774 78 109 S89'4" 261/4 CORNE 2 'SEN SE CORNER OF SECTION 13 82 83 184 12 112 J 13 1 17 2 B.C.P. O.R. BOOK 2009 PAGE 29 1546 -1553 31 58 90 B.C.P. 92 1 8 O.R. BOOK 1900 a� PAGE 179 -184 97 GENERAL NOTES: BEING SOUTH 844THO WEST. CERTIFICATE OF AUTHORIZATION /LB -43 1. 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, B.C.P. = BARRON COLLIER PARTNERSHIP TOWNSHIP 48 SOUTH, RANGE 29 EAST, COWER COUNTY, FLORIDA R.O.W o RIGHT OF WAY POC —1 T F T 17� OIL WELL ROAD I (100' RIGHT -OF -WAY) 4, BEING SOUTH 844THO WEST. CERTIFICATE OF AUTHORIZATION /LB -43 ... N 0 CO INNING MEN P.O.B. � POINT OF BEGINNING C.O.C. - COLLIER DEVELOPMENT CORPORATION 5. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. 0 500 1DOO 2000 4000 6. 7. THIS SKETCH MAY HAVE BEEN REDUCED. SEE ATTACHED FOR LEGAL DESCRIPTION POINTS ARE SEOUENTW. PARCEL DESCRIBED SSA# 9 GRAPHIC SCALE 6. AND LABELED INCREMENTALLY. INTERMEDIATE POINT LABELS ARE OMITTED FOR CLARITY. 789.40, ACRES +/— 9. REFERENCE WILSONMIL LER PCDOCS NUMBER 165933 FOR DESCRIPTION * * NOT A SURVEY 10. SEE SHEET 5 FOR COORDINATE TABLE. JW 26, 2006 - 08:08:25 JCSOTTYIX: \SUR \03312 \SSA 9 \IH- 21.dwg �:rw�ck- r�Fri�ir°�.N CLIENT: WI�I+RyOCfI7yCCA�I.= pog57p��p11}I'ydyt� WJMO.Np1DOLAL�1! �,/� A �,,��� TITLE: S Vr VWYNSHI 48 M' P/�f Vr SECTIONS 12 AND 13, TOWNSHIP 18 SOUTH. OUT RANGE Z8 EAST AND SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST PAwowa • Fyphmm • EccAVbb • Strwlm • La%bW@ Ardtiaeb • Trw4wlatbn CmKft* COLLIER COUNTY, FLORIDA WiTsonWer, Inc. AWN • rwfA"a • Swmk • &Idmgm • Two • TaWlura • Prwm Coy Beach DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: 32008eby L&-A&AS08. Mk*A Raft 34X-W7 - FWW 2*- ",VW -Am IV-643- M. ww)-ft Mm iomiram 3/06 03312 -PO4- 000 -21000 1 OF 5 1N-2181 170 POINT POINT POINT POINT NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING FASTING NUMBER NORTHING EASTING I 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 773721.48 506125.22 201 721740.11 504362.17 301 714409.24 504475.31 3 712942.46 507375.04 102 713673.87 506149.50 202 721768.82 504339.41 302 714404.45 504465.04 4 715479.80 501312.29 103 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 504J15.95 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 713338.18 506227.68 207 721893.36 504360.09 311 713161.51 504346.51 9 723585.87 503843.87 108 712994.51 506234.03 208 722019.89 504378.48 313 713146.15 504356.10 t0 723590.77 505837.49 109 712954.20 504053.33 209 722019.92 504378.48 J14 713131.64 504373.40 17 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 722101.13 504381.77 3f6 713088.01 504481.41 13 722878.37 505940.99 114 718218.48 504794.36 212 721176.61 504381.77 Jf9 713112.75 505386.07 14 722805.79 505900.91 115 718166.80 504783.17 213 71226700 504361.58 322 713672.21 503928.26 15 722790.98 505905.32 116 718125.04 504773.66 214 722321.66 504349.15 323 713378.57 503922.10 16 721395.56 506304.78 717 718125.04 504773.66 215 722385.82 504325.47 324 713314.41 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 506485.88 119 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 J27 713270.00 503832.03 20 7207JJ.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 72255731 504140.75 J30 713300.84 503644.49 23 72037709 506558.20 124 717677.15 504390.15 222 722556.95 504136.04 331 713310.58 503635.86 24 720365.21 506563.26 125 717670.71 504388.19 223 722555.39 504733.23 332 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 720303.21 506584.07 127 777655.26 504318.49 225 722550.58 504118.40 334 713578.24 503626.62 27 720271.33 506591.39 128 777679.52 504169.46 226 722546.29 504102.46 335 713602.00 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 777776.06 504075.03 228 722532.J5 504050.72 337 713606.05 503632.94 30 719987.00 506628.01 137 717786.80 50399784 229 722519.34 504029.89 338 713626.74 503636.64 31 719967.71 506629.8t 132 717786.80 50399784 2JO 722490.71 503972.62 339 773647.89 503637.77 32 719970.17 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 503995.20 232 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 503641.71 36 779979.06 506571.20 137 719127.71 503995.57 235 722575.96 503837.63 344 713778.18 503641.08 37 719979.06 505536.93 138 719440.56 503995.72 236 722519.34 503837.25 345 713782.01 503643.26 38 719977.15 506521.70 139 719615.64 503995.81 237 72267J.06 50J837.25 346 713805.45 503640.79 39 719974.61 506495.04 140 719864.49 503995.9) 238 721660.61 503835.22 347 713831.36 503638.33 40 719973.34 506469.02 141 719904.63 504110.84 239 722757.64 5OJ831.08 348 713865.91 503637.09 41 719970.80 506437.28 142 719948.81 50423724 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 719949.26 504238.54 242 723045.27 503819.71 351 713923.90 503621.05 44 719968.90 506373.18 145 719949.26 504238.54 243 723120.00 503817.06 352 713946.11 503623.52 45 719965.09 506355.41 146 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 503632.16 47 719953.03 505296.38 148 719948.31 504270.58 146 723481.53 503808.62 355 71401766 503632.16 48 779951.13 506179.88 149 719950.39 504282.50 147 723565.93 503802.54 356 714039.87 503627.22 49 719949.86 506265.29 150 719955.80 504308.79 148 723582.56 503801.95 357 714079.35 503627.22 50 719948.59 506249.42 151 719960.90 501 249 723585.14 50J801.86 358 714091.69 503644.49 57 719947.32 506228.47 752 719961.98 504338.78 153 712954.19 504051.23 359 714099.09 503665.47 52 719945.42 506206.89 153 719966.62 504359.83 154 71294789 502613.35 360 714101.56 503692.61 53 719945.42 506190.39 154 719967.75 504368.53 255 714152.79 502586.86 361 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 506167.79 156 719972.04 504408.55 257 714688.63 502520.57 363 714710.20 50JBO1.78 56 719946.63 506747.79 157 719973.58 504428.65 258 714896.54 502817.71 364 714105.26 503854.24 57 719950.87 506131.96 158 719974.41 504438.19 159 714958.93 503139.76 365 714107.26 50389J.23 58 719945.00 50601793 159 779975.13 504446.44 260 715248.26 503399.49 366 714089.22 503924.56 59 719902.95 50590781 160 71997720 504457.06 261 715418.12 503432.49 J67 714011.50 503930.73 60 719945.00 505784.48 161 719980.54 504474.27 262 775505.05 503787.69 368 713828.90 503929.50 61 719966.44 505656.35 162 719982.74 504486.01 263 775532.10 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 775650.42 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 779725.81 505079.48 166 719989.82 504584.65 267 715479.68 505039.00 373 713241.90 504316.43 66 719691.35 505072.71 167 719989.82 50461733 268 715572.70 505175.03 374 713627.38 504243.10 67 719647.04 505041.85 168 719992.14 504655.22 269 715717.35 505309.42 375 713932.97 504245.04 68 719J96.80 504764.63 169 719997.56 504683.06 270 715716.99 505392.53 376 714234.99 504305.49 69 719318.02 504713.24 170 720002.20 50471.3.99 272 714103.96 505387.63 377 714407.96 504514.25 70 719208.97 504699.61 171 720005.00 504736.97 273 714088.51 505381.27 378 774415.51 504921.60 71 719133.42 504696.12 172 720006.06 504745.70 274 714087.75 50537730 379 774334.90 505034.30 72 719037.42 504723.50 173 720008.41 504754.92 275 714074.08 505372.83 380 714082.71 505115.23 73 718975.88 504785.14 174 720017.54 504790.84 276 714064.11 505365.23 381 714041.81 505171.28 74 718934.86 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 50533704 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 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 504821.05 180 723570.28 504715.04 283 714034.84 505122.69 388 718190.86 503931.19 80 718298.16 504812.52 181 723563.24 504717.14 285 714065.60 505102.11 81 718260.17 504828.70 182 723527.96 504743.19 286 714090.62 505094.70 81 718033.21 50535J.86 183 72J427.03 504762.77 288 714179.83 50508711 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 714286.55 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 717217.64 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 71441756 504571.59 92 716046.45 505838.10 193 722219.05 505195.76 93 716025.28 50573727 194 72200786 505126.98 94 715969.27 505607.80 195 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 721685.19 504679.76 * * NOT A SURVEY 99 714234.96 505802.82 Jul 26, 2006 - 08:08:25 JCSOTTYIX: \SUR\03312\SSA 9 \IH- 2l.dwq 'R.:'bir'7'..:�'..r CLIENT: 0R11M COUM WIS'1111Rifis! BARRM CCII PAR111 1114M wilsolumillei TITLE SKETCH OF DESCRIPTION OF PNtT OF SEC71ONS 12 AND 13. TOWNSHIP 48 SD RANGE 28 EAST AND SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH. H. RANGE 29 EAST Mm" • r7allown • @CObj%Itr • &rmw 7a • LardmWe Ard mb • TramporbilmC woufa* COLLIER COUNTY, FLORIDA DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: tea, a*", huod , TilYrraa,l'wlraCb,Brah 921 aft LW461i2W -Mim Fbr 3/06 03312 -PO4- 000 -21000 5 OF 5 1 IH -2151 Page 1 of 1 Martha S. Vergara 17 P, Lf From: GreenwoodThomas [ ThomasGreenwood @colliergov.net] Sent: Friday, January 19, 2007 3:10 PM To: Martha S. Vergara Cc: Kendall, Marcia Subject: 01 -19 -07 RE: SSA #9 Resolution Martha: Marcia Kendall was working from an ad that she put together in 2006 thinking that the project would go forward in 2006. That later one (below) is what you should use. Thanks. Tom Thomas Greenwood, AICP Principal Planner Collier County Planning Department 2800 North Horseshoe Drive Naples, Fl. 34104 Direct Phone: 239 - 403 -2323 Fax: 239 - 213 -2946 Email: thomasgreenwood @colliergov.net From: Martha S. Vergara [ma i Ito: Martha.Vergara @clerk. col Iier.fl.us] Sent: Friday, January 19, 2007 3:03 PM To: kendall_m Cc: GreenwoodThomas Subject: SSA #9 Resolution There are a few question I have about the Resolution. On the Notice that was sent with the ad reads RESOLUTION 2006 - Also in the body of the Notice mentions HCLRP. The actual Resolution reads RESOLUTION 2007 - Then 789.4 CRES (Acres) and it mentions BCI /BCP. I need to know which is the correct wording is to be used.. Thanks, Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1/19/2007 Page 1 of 2 17 [1 Martha S. Vergara From: GreenwoodThomas [ ThomasGreenwood @ colliergov.net] Sent: Friday, January 19, 2007 3:25 PM To: Martha S. Vergara Cc: StandridgeNoah; Bosi, Michael Subject: RE: 01 -19 -07 RE: SSA #9 Resolution Attachments: SSA 9 Credit Agreement Exhibit A.pdf; 04 SSA 9 Credit Agreement 11- 20- 06.doc; 14 SSA 9 Ease Agreement.doc Ms. Vergara: As mentioned the entire as signed documents will come to you after the BCC approves them. However, attached are the 3 Exhibits to the Resolution which should be enough for the time being. Thomas Greenwood, AICP Principal Planner Collier County Planning Department 2800 North Horseshoe Drive Naples, Fl. 34104 Direct Phone: 239 - 403 -2323 Fax: 239 - 213 -2946 Email: thomasgreenwood @colliergov.net From: Martha S. Vergara [mailto: Martha .Vergara @clerk.collier.fl.us] Sent: Friday, January 19, 2007 3:20 PM To: GreenwoodThomas Cc: kendall_m Subject: RE: 01 -19 -07 RE: SSA #9 Resolution Thanks for your timely response.. I will also need the exhibits that are referenced in the resolution. From: GreenwoodThomas [mailto: ThomasGreenwood @ colliergov.net] Sent: Friday, January 19, 2007 3:10 PM To: Martha S. Vergara Cc: Kendall, Marcia Subject: 01 -19 -07 RE: SSA #9 Resolution Martha: Marcia Kendall was working from an ad that she put together in 2006 thinking that the project would go forward in 2006. That later one (below) is what you should use. Thanks. Tom 1/19/2007 Thomas Greenwood, AICP Principal Planner Collier County Planning Department 2800 North Horseshoe Drive Naples, Fl. 34104 Direct Phone: 239 - 403 -2323 Fax: 239 - 213 -2946 Email: thomasgreenwood @colliergov.net From: Martha S. Vergara [ma i Ito: Ma rtha.Verga ra @clerk.col I ier.fl. us] Sent: Friday, January 19, 2007 3:03 PM To: kendall_m Cc: GreenwoodThomas Subject: SSA #9 Resolution There are a few question I have about the Resolution. On the Notice that was sent with the ad reads RESOLUTION 2006 - Also in the body of the Notice mentions HCLRP. The actual Resolution reads RESOLUTION 2007 - Then 789.4 CRIES (Acres) and it mentions BCI /BCP. I need to know which is the correct wording is to be used.. Thanks, Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 Page 2 of 2 Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1/19/2007 NOTICE OF INTENT TO CONSIDER RESOLUTION 17 Notice is hereby given that on TUESDAY, February 13, 2007 in the County Commissioners Boardroom, 3 "d Floor, W. Harmon Turner Building (Bldg. F.), Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of County Commissioners will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The Title of the proposed Resolution is as follows: 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 All interested parties are invited to appear and be heard. Copies of the proposed Resolution is available for public inspection in the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to February 13, 2007, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 17D January 19, 2007 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: SSA #9 Resolution Dear Pam: Please publish the following Advertisement with map on Sunday, January 28, 2007. This advertisement must be no less than one - quarter page and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Kindly send the Affidavit of Publication, in duplicate, with charges involved to the Minutes & Records Department and to Marcia Kendall, Planner, with the Comprehensive Planning Department. Thank you. Sincerely, Martha Vergara, Deputy Clerk Account # 111- 138317- 649110 Martha S. Vergara 17 0 From: ClerkPostmaster Sent: Friday, January 19, 2007 4:23 PM To: Martha S. Vergara Subject: Delivery Status Notification (Relay) Attachments: ATT12758.txt; SSA #9 Resolution �:.1 LLJ ATf12758.txt (231 SSA #9 Resolution B) This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Martha S. Vergara ry } From: System Administrator [postmaster @naplesnews.com] Sent: Friday, January 19, 2007 4:23 PM To: Martha S. Vergara Subject: Delivered: SSA #9 Resolution Attachments: SSA #9 Resolution LLJ SSA #9 Resolution <<SSA #9 Resolution>> Your message To: legals @naplesnews.com Subject: SSA #9 Resolution Sent: Fri, 19 Jan 2007 16:23:01 -0500 was delivered to the following recipient(s): legals, NDN on Fri, 19 Jan 2007 16:23:28 -0500 1 Page 1 of 1 170 Martha S. Vergara From: Perrell, Pam [paperrell @naplesnews.com] Sent: Monday, January 22, 2007 8:11 AM To: Martha S. Vergara Subject: RE: SSA #9 Resolution o From: Martha S. Vergara [mai Ito: Martha. Vergara @clerk. col Iier.fl.us] Sent: Friday, January 19, 2007 4:23 PM To: legals @naplesnews.com Subject: SSA #9 Resolution Pam Here is another one. Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 Under Florida Law, e -mail addresses are public records. Ifyou do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1/22/2007 rn N vi J N J •� 2 �A n z K0 o K n N S 2 ON Z O o C V N = w� m Q Z n A �s io v C to 0 O � G � C n J � G ,• PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on TUESDAY, February 13, 2007 in the County Commissioners Boardroom, 31d Floor, W. Harmon Turner Building (Bldg. F.), Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida the Board of County Commissioners will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The Title of the proposed Resolution is as follows: 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 "BCIiBCP 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 All interested parties are invited to appear and be heard. Copies of the proposed Resolution is available for public inspection in the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to February 13, 2007, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) No. 99423784__ _________ —... Ja_rjuary 28 2007 jz C' . VJ rd C rC z F--J comlxr county ... .. STEWARDSHIP BENDING RoMda AREAS (89A) l / , jr o V All interested parties are invited to appear and be heard. Copies of the proposed Resolution is available for public inspection in the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to February 13, 2007, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) No. 99423784__ _________ —... Ja_rjuary 28 2007 jz C' . VJ rd C rC z F--J 1 7p 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original docunient. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents arc to be for«arded to (lie Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 throw 1#94, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order Office Initials Date 1. Sandra Lea Administration Agenda Item Number _ 2. ,. 3. 1/0 Number of Original , 4. This includes signature pages from ordinances, resolutions, etc. signed by Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who create&prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact C hvrbn? Phone Number N/A (Not Applicable) Agenda Date Item was ` ZW--1 Agenda Item Number _ Approved b the BCC ,. Type of Document 1/0 Number of Original , Attached This includes signature pages from ordinances, resolutions, etc. signed by Documents Attached (�,f'.Sn(,u;�,o✓1 f rem �`7�n INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate. Yes (Initial) N/A (Not Applicable) I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitise and require fon�arding to Tallahassee Nvithin a certain time frune or the BCC's actions arc nullified. Be aware of N our deadlines! RESOLUTION 2007- 36 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 BCI /BCP 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. 17 1" "]10�' 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 13*� day of ehr 2007, after a Motion, seconded, and majority vote favoring same. ATTES!:'QWIG kl . BROCK ts, tp.pN� eputy Clerk signstur0 on ��'".. Approved as to form and legal s ciency: By: Je ight is ant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ComniKsioner z EXHIBIT 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 01 011'28" 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 °11'28" 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 00 044'30" 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); 72612008- 165937 V- 011- JC30T7Y caw 07312 - 304-940- VWRK- 28783 Af 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 8 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 7x2602006- 165933 V- 011 - JCSOTTY c. 03312 -SM -010- VWM(- 28783 m. ti ;g � � a tv 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, FASTING 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 '12&2006-165933 V. 01!- JCSOT7Y 03312- SO4-060- VWRK- 28783 a 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 B 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 01003'33" 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. 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. 7/2612006- 165933 Vx 01!- JCSOTTY caw 03312 -SO4 -040- VWRK- 28783 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: MV2006- 165933 Vim: 01!- JCSOTTY C wa 03312- SO4 -040- VWRK- 26793 WihoMiller® New Diredons In Pisnning, vespn & Eng*mling OESCRFr MOFLA1D8 LYN S W11WIN SECUM 12 AND 18 TOWNSW48 80M RANGE 29 EAUr AND SENKM ?AND 18 TOWNSHIP 46 SOU1N. RANGE 29 EAST. SHWT 8 OF 8 THE LINES DEPICTED HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83, GRS80, US SURVEY FEET. DATE 0( p_dle BRADLEY I- STOCItHAM, P.S.M. PSM146390 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.S4. i� iM&I M vrou -,cs m =t2s06 WvvWr'nm 1 PREPARED BY: l • /e �"1 BRADLEY E. STOORNAM, P.S.M. L.S. 16390 [LATE It, s L;j to N 501.1 i76 130.02' OR O.R. BOOK 493 PACE 2779 A169'31'32'E Ns9'00'09"E O.R. . OFFICIAL RECORD BOOK C.E. COLLIER ENTERPRISES, LTD 1106.06' &C.L BARRON COLLIER OM31 ENTS LTD e &C.P.. BARRON COLDER PARTW74P P RO.M . NOW OF MY SW24'56'w 131.63' C.D.C. O.R. 1537 PAGE 749 v 12 13 170 T-4" 6 1. ALL ORENSIONS ARE IN FEET AND DECIMALS 1IERECF, UNLESS A169'31'32'E 1993.62' O.R. . OFFICIAL RECORD BOOK C.E. COLLIER ENTERPRISES, LTD B.C.I. O.R. BOOK &C.L BARRON COLLIER OM31 ENTS LTD 2493 PACE 2779- &C.P.. BARRON COLDER PARTW74P P RO.M . NOW OF MY 9 2796 P.O.C. POKY OF COMMENCEMENT 13 ,7 17 B.C.P. O.R. BOOK 2009 PAGE 20 1546 -1553 s 56 j1 70 76 1a �Sd9 76 91'w/ 1a 2676.91 1/4 CO 2 SECTION COR. SE CORNER OF B -C.P. q 18 O.R. BOOK 1900 PAGE 179 -184 GENERA. NOTES: SECTION 13 1. ALL ORENSIONS ARE IN FEET AND DECIMALS 1IERECF, UNLESS ABBREVIATIONS: OTIERRISE NOTED. 2, NOT VALID wRNOUT THE SIGNATURE AND THE ORIGINAL RAISED O.R. . OFFICIAL RECORD BOOK C.E. COLLIER ENTERPRISES, LTD SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. &C.L BARRON COLLIER OM31 ENTS LTD 3. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, TOMNSIRP 48 SOUTH. RANGE 29 EAST, COWER COUNTY. FLORIDA &C.P.. BARRON COLDER PARTW74P P RO.M . NOW OF MY Ar 11 SOUTH BP"W NEST. P.O.C. POKY OF COMMENCEMENT OIL *SL ROAD (100' RIW- OF' -NIAY) 4. CERRFICAIE OF AUTHORIZATION /LB -43 P.O.B.: POINT OF BEOPOW I C.D.C. COLLIER DEVELOPMENT CORPORATION 3. SUBJECT TO EASEMOi15, RESTRIC110NS AND RESERVATIONS OF RECORD. 0, THIS SKETCH MAY HOVE BEEN REDUCED. 0 500 1000 2000 4000 7. SEE ATTACHED FOR LEGAL OESCRIPTION GRAPHIC SCALE & PoNrs ARE SEQUENTIAL, AND LABELED INC REMENTALLY. PARCEL DESCRIBED �SA# 9 INTERMEDIATE PONT LABELS ARE OWED MR C"RRr789.40 ACRE 9. REFERENCE WLSONMLLO PCOOCS NUMBER 1625033 FOR DESCRIPTION * * NOT A SURVEY 10- SEE SHEET S FOR COORDINATE TABLE. Jul 26. 2006 - O6:o6:25 JC$0M' L- \BUR\033/2\SSA 2\1H- 21.dwq ifi-% `JS"'.. C e--. N am= is coum MII�IA�11� MNRMI IMRMIIiI !�l�/,�� . TITLE: slam or 0011121111111m cr KW or SECTIONS 12 AND 13. TOWNSHIP N SOWN, AMNOE n EiRT AND SECTIONS 7 ANO 10. ToA. N WAK RAW 2S E. FAME I . B1SIN�I • Ecgk0r. &n*-• La1I I I Archicl • iNW10aNYR/1CIS1� COILER COUNTY. FLORIDA Pm =NNft7LA%t Mo Awft*w: SDM Tw DATE. 31 PROJECT NO.: SHEET NUMBER: FINE NO.: 03312 -PO4- 000 -21000 t OF 3 i�sisi POINT 504809.31 POINT 504362.17 NUMBER NORTHING EASTING NUMBER NORTHING EASTING 1 7/2804.2► 504055.04 100 71376..55 506100.,18 2 712792.47 SO1J78.18 101 71J721.48 506125.22 J 712942.46 501J73.04 102 71J67,187 506149.50 4 715479.80 501322.29 103 713673.87 505923.61 5 71549 .1J8 503014.91 104 713388.86 50392,.81 6 718/81195 502959.36 105 713388,86 508225.18 7 718179.40 50280773 106 713J64.22 506226.78 8 723566.61 50273798 107 7/333818 50622768 9 72358187 503843. 87 108 712994.51 506234.03 10 72- T5W.77 50583749 109 712954.20 50405133 11 723456.97 5015803.24 110 712942.46 501375.04 12 72334169 505794.53 113 718230.06 504798.88 IJ 722818.J7 505940.99 114 718218.48 504794.36 14 7228011.79 505900.91 I IS 718166,80 504783.17 15 722790.98 505905.32 Ito 718125.04 504773.66 16 721395.56 506304.78 117 71812104 504773.66 17 720734.42 30649137 118 718125.04 W4 773.6s 18 720741.19 506485.88 II9 718048.06 504719.32 19 72073829 306476.77 120 717960,12 50465725 20 72073157 508469.00 121 7179J882 504818.02 21 72072850 50646721 122 717761.90 504510.25 22 72058 1. 62 50646806 123 717679.52 504425.77 23 72037709 50655820 124 717671.15 504390.15 24 72036121 506581,26 125 717670.71 5043118.19 25 720334.55 506574.68 126 717688.26 50431830 26 720.30121 506564.07 127 717655,26 304318.49 27 72027f.JJ 50659f.,V 128 717679.52 504169.46 28 7202J9.03 3069986t 129 717759.41 50441.67 29 72023725 506596.84 130 717776.06 504015.4 JO 719987.00 506628.01 151 71778880 30,1997,84 31 719967.7► 506629.81 132 71778x80 503997.84 32 719970.17 506625.25 133 718189.02 503995.09 33 719972.07 50661109 134 71&4029? 503995.20 54 719975.88 506599.76 135 718833.57 54#ft 43 35 719977.79 506383,80 136 7 19127.58 503996.57 36 719979.06 506371.20 137 71912771 503995.37 J7 719979,06 508538.93 ►J8 71944056 503995.72 J8 719977.15 506521.70 139 71961184 503MOl 39 719974.61 50649104 140 719864.49 503993.9) 40 71997AJ4 506469,02 141 719904.63 504 110,84 40 719970.80 506437.28 142 719948.81 542J724 42 719970.80 506408.72 14J 719949.28 542J8.54 45 719970.17 506385.88 144 719949,26 54218.34 44 71996890 506373.18 145 719949,26 54218.54 45 719965.09 506355.41 146 719949,26 501218.54 46 719961.92 306339.54 147 71994729 54264.72 47 719933.4 506298,8 148 71994837 504270.58 48 719957.13 506279.86 149 719960.39 504282,50 49 719949.86 506263.29 150 719955.80 34308.79 50 719948.59 506249.42 151 71996090 504,133.03 51 719947.32 506228.47 152 71mi.98 501,1,18 18 52 719943.42 306206.89 153 71996862 54359.83 53 719945.42 506190.39 154 719967.75 504388.63 54 719945.98 5061781 t 155 719970.49 504389.99 55 719943.J4 506167.79 136 719972.4 304408.55 36 719946.63 506147.79 157 71997138 54428.65 57 719950.87 306131.96 158 719974,41 544J& 19 58 719945.00 506017.93 139 71997113 504446.44 59 71990295 505907.81 160 719977.20 504457.08 60 71904%&W 505784.48 161 71998834 504474,27 61 719966.44 50565833 162 71998274 504486.01 62 719949.01 sOSS7868 163 719965.18 504499.02 65 719904.20 50549079 164 719989.05 545". IS 64 719623.28 503.18871 165 719989.82 50453779 65 719725.81 505079.48 I" 71998982 504564.85 66 719691.,15 50507271 167 719989.87 546173) 67 719647.04 505041.85 168 719992.14 304655.22 68 719396.80 504764,63 169 719997.56 50468108 69 719311102 50471,124 170 720002.20 50471.199 70 7/920891 504699.61 171 720003,00 5473897 71 77915J.42 50469812 172 72000806 504745.70 72 71WJ7.42 50472130 173 72000841 504754.92 73 718975.88 50479114 174 720017.54 50479884 74 718934.86 504860.42 175 72002036 54846.78 75 71888727 504891.29 176 72002186 504922.06 76 718825.74 504891.29 177 719777.51 50504872 77 718671423 504868.22 178 719749.32 3011065,49 78 718592.8) 50485890 179 72358801 504714.23 79 718J55.31 504821.06 180 723570.28 54715.04 80 718298.16 504612.52 181 72J56124 5471714 81 718260.17 50482870 182 723527.96 54743.19 82 718033.21 505353.86 183 723427.4 54762.77 W 7? 7829.05 505376.26 184 723260.48 50486042 84 717649.80 505408.63 185 725219.22 504884.74 85 71755J.94 505436.02 186 7251J3.30 504935.39 W 717469.90 505465.89 187 72-08817 54977.54 87 717360.99 505558 77 IM 723023.35 505000,52 88 717217.64 50570864 ?89 722967.36 505006,97 89 717099.58 505775.86 190 722634.05 505032.86 90 716886.29 505824.67 191 722631.97 505033.02 91 716456.18 50588253 192 722309.52 505225.2) 92 716046.45 503838.10 191 722219.05 505195.76 93 716025.28 505757.27 194 722007.88 505126.98 94 715969.27 50560780 195 721629.41 505003.29 95 715741.26 505.392.54 196 72164199 50490849 96 714J 17.20 505J91.85 197 721661.22 504818.41 97 714320.97 505754.99 190 721671.35 504759.83 98 714274.43 505779.32 199 711685. 19 54679.76 99 714254.96 50360282 POINT NUMBER NORTHING EASTING 200 721597.38 504809.31 20f 721740.11 504362.17 202 721768.82 504339.41 203 721772.82 504340.16 204 721790.07 50434.181 205 721818.08 504349.15 206 72181&06 504349.15 207 72189136 504360.09 208 722019.89 504378.48 209 722019.92 504378.48 210 722029.88 504378.88 211 722101.13 504381.77 212 722176.61 504361.77 213 722267.00 504,161.58 214 72232266 504349.15 215 722J83.82 50432147 216 722425.88 504310.07 217 722524.49 50425797 218 722524.49 54257.97 219 722547.47 54222.18 220 722557.31 504 140.7s 221 722557.)1 504140.75 222 72255895 541384 223 7225SQJ9 504 1J3.23 224 722550.58 5411840 225 722SM50 5411840 226 72254829 5410.46 227 72233832 504072.86 228 722532.J5 5041110.72 229 7225tAJ4 504029.89 230 722490.71 503972.62 231 722475,09 34930.97 232 722467.28 503881.51 233 72247248 50.383287 234 7224915.91 503839.88 235 722313.96 5038.178) 236 722519.34 503837.25 237 72261106 503837.25 238 722660:81 503635.22 239 722757.64 503831.08 240 722833.45 5462764 241 722917.63 303824,24 242 723043.27 548 f 9.71 243 723120,00 50381706 244 723284.68 503811.22 245 723423.63 503809.39 246 72J482.5J 50360862 247 72J565.93 5460254 248 72J582.56 503801.95 249 72JWI14 503801.86 253 712954.19 504051.23 254 712947489 50261133 255 714152.79 50258886 256 714J24.00 =528.47 257 71468&83 50252057 256 71489854 5028t7.71 259 71493893 54139.76 260 7/524828 503399.49 261 71341812 54432.49 262 715505605 5478789 263 71353210 501982.77 264 71563238 5427111 265 71565042 504380.01 266 715466.94 54980.2) 267 715471.68 5050.19.00 268 775572.70 501175.4 269 715717.35 5111309.12 270 715716.99 50539253 272 71410.96 5015387.63 273 714088,51 505381.27 274 714001,15 30537730 275 714074.08 303372.83 276 714064.11 505365.23 277 71405736 505359.05 278 71405809 5033374 279 7140117.14 50532159 281 7?4a3844 505272.68 282 714033,64 50520816 283 714034.84 505122.89 283 714065,80 505102.11 286 714090.62 505094.70 288 714179.83 50506711 289 714203.06 505003.83 290 714251.88 50507009 291 71428865 505064.07 292 71430057 505060.02 294 714J6743 505026.84 195 71438.24 50501 .121 296 714405.37 54976,38 297 7144 ►2.85 54955.59 199 714417.56 504571.59 POINT NUMBER NORTHING EASTING 300 71441104 50449J.69 301 714409.24 504475.31 302 7144o4.4s 504465.04 J4 714370.65 504408.84 303 71426704 504315.95 106 71425732 504309.09 307 714247.05 504304.30 312 713161.51 504346.51 313 713146.15 504356,10 314 7131J1.64 504373.40 315 713 107.70 504421.38 316 713088,01 504481.41 319 713112.75 505386,07 322 713672.21 50392826 323 71337857 503922.10 324 71JJ14.4t 503922.10 125 713279.87 503915.9) 326 71326753 50.1890.02 327 713270.00 503812.03 328 71J282.JJ 503704.95 329 71J290.97 503664.24 J30 713300.84 5113644.49 331 713320.58 503635.86 JJ2 7?.1371.to 50363216 JJJ 713536.49 54MJ9 JJ4 71357824 5062862 JJ5 713602.00 5036.2.99 336 71360200 503832.99 337 7136084 503832.94 338 71 -We.74 503816.64 3J9 713647.89 503837.77 340 713676.08 50163146 341 713712.17 503641.71 342 713752.49 501641.43 343 713775,62 503841.71 344 71377818 50J84 1.o8 345 713782.0? 503643.28 346 7f.3Ms.45 503640,79 347 713831.36 5481831 548 713865.91 503637.09 349 713888.86 501629.69 350 7139MJS 503622.29 351 71392,190 50,621.05 J52 713946.1/ 503673.52 353 713972.01 503825.99 354 713995.46 503632.16 355 71401786 501832.18 356 714039,87 54627.22 357 714079.35 503627.22 358 714091.69 503644.49 359 714099.09 503665.47 360 714101.36 303682.61 361 714106.50 54733.79 362 774108.96 503771.57 J63 714110.20 50380138 364 714105.26 50.3654,24 365 71410726 Sa3W.21 366 7140199.22 503924.56 J07 714011.50 5039J0.73 J68 71382 &90 503929.50 J69 713674.86 5044,100 J70 71297&70 305177.36 J71 7131//83 505376,97 J72 7/308861 504510.21 373 71324 1,90 50431843 374 7t,3627J8 504243. t0 375 71393297 504245.04 376 714234.99 504,306.49 377 71440796 504514.25 378 714415,51 504921.60 379 714334.90 50544.30 380 714082.71 503115.21 381 714041.81 505171.28 382 714041.74 503-8270 383 712954.19 504051.2s 384 712804.21 504055.04 J85 723585.87 54843.87 J87 71J674.86 50404.00 J88 718190.86 50J9J1.19 COORDINATE TABLE SEE SHEETS 1 -4 FOR SIGNATURE AND NOTES. Jul M 2006 - 0609:26 JC901TYIX:\911R\03]12\93A 9\lN -21Aq Hlil Miller /1atr6 . e0- - 111109>w • &A 19 • IaMYlaprAN II lei . DM*Wft CWA*61 7risliwLWA6iY� -N 7N11#lE6i •+.ir.�a►6ti"rp s7►ilrar.�6wa..NNr.wru.. ** NOT A SURVEY ** SWIWW 12 AND 13. TOWMW 46 SOUTM, 90400E 16 EAST AND SECIOMS 7 AND 16. TOIIM OV 46 90UIM, 9AlDE 29 EAST CMM COMM. Bona 3/4 1 03312 -PO4- 000 -21000 111-11=1 EXHIBIT BCI /BCP SSA 9 CREDIT AGREEMENT N,. 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 17 DI 1: 4 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 Layers. 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. f C � ; 8I 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. 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. Layers 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. B. 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 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: Y: �1 F- F 1n/Q 14 HT Assis t County Attorney ATTEST: D IGHT �.' �QCK, CLERK �.YS ;QxsP�vR� #wityX on (Signature) CAROLYN A. SHAW A (Print full name) (Signature) D1,4ve Z- • �11oAjz2i- (Print full name) WITNESS: (Signature) CAROLYN A. SHAW (Print full name) _ (Signature) J (Print full name) BARRON L ER INVESTMENTS, LTD. A o d irr�i d Partner By:,� PaLdJ. Marinelli Its Administrative Agent BARRON COLLIER INVESTMENT ,STD. A,Florida Limited Partner ip t By: f Katherine G. Sproul, Trgs ee Juliet C. Sproul Testamentary Trust A General Partner 1 WITNESS: l (Signature) CAROLYNA. SHAW (Print full name) (Signature) (Print full name) WITNESS: (Signature) CAROLYN A. SHAW (Print full name) _ q (Signature) (Print full name) A I"UpPeral ARTNE Partr dTJ. Marinelli Administrative Agent BARRON COLLIER PARTNER; A;Florida General, Partne as 19 Katherine G. Sproo Trustek Juliet C. Sproul Testamentary Trust A General Partner STATE OF FLORIDA COUNTY OF COLLIER The fore4oing Stewardship Sending Area Credit Agreement was executed before me this —tV day of , 2007, by PAUL J. MARINELLI, as Administrative Agent of BARRON dOLLIER IN ESTMENTS, LTD. r/ I Notary Public SUSAN L. MATURO Name: Certificate No. My Commission expires: Susan L Maturo �P My Comrnissan DD343616 ur ti Expires October 15, 2006 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Sending Area Credit Agreement was executed before me this ?P- day of at , 2007, by KATHERINE G. SPROUL, as Trustee for the Juliet C. Spr ul Testa m ntary Trust, a General Partner of BARRON COLLIER INVESTMENTS, LTD. i Vl Notary Public Name: SUSAN L. MATURO Certificate No. My Commission expires: je o su.an L M.curo STATE OF FLORIDA N:a / Expires o�ber � 2006 6 COUNTY OF COLLIER The foregoing Stp#ardship Sending Area Credit Agreement was executed before me this 1 �-- day of , 2007, by PAUL J. MARINELLI, as Administrative Agent of BARRO COLLIER PARTNERSHIP Notary Public Name: SUSAN L. MATURO Certificate No. My Commission expires: 6y) lfl Susan L Maturo My Commissron DD343616 Expires October 15, 2008 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Ste ardship Sending Area Credit Agreement was executed before me this � day of , 2007, by KATHERINE G. SPROUL, as Trustee for the Juliet C. Spr I Testam ntary Trust, a General Partner of BARRON COLLIER PARTNERSHIP. Notary Public Name: SUSAN L. MATURO Certificate No. My Commission expires: Susan L MOWM 'P } My commission D0343616 wd� Expires October 15, 2008 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" Exhibit "F" Exhibit "G" Exhibit "H" Exhibit "I" Legal Description of SSA 9 Restoration Areas Natural Resource Index Assessment Worksheet SSA 9 Restoration Program Stewardship Easement Agreement FSA / HSA Lands EXHI-31� --A, 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 1/4 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 °11'28" 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); 712&2006-165933 Vec 01!- JCSOTTY r.wa 03312 - 504 - 040. V W RN- 28783 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 °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 POINT NUMBER 44, NORTHING 719968.90, EASTING 506373.18 POINT NUMBER 45, NORTHING 719965.09, EASTING 506355.41 7,260006- 165933 V., 01!- JCSOTTY CA 03312 -SO4 040- VW RK- 28783 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 7/2612006-165933 Ve, 011- JCSOm C w3 03312-SC4 -040- VWRK- 28783 17n 7 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. 712612006- 165933 W, 011- JCSOTTY 'NM3 03312 -SO4 -040 VW RK- 28783 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: 7/26120 06- 166933 Ver: 01!- JCSOTTY c-3 03312- SO4 -040- VNRK -28783 Arilsonmiller" N6141 Olmcflons fn Plannirg, 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 60FO 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 -8-06 1JR—A DLEY��.ST06-(—HAM, P.SV.— 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-29.S1. 2OCC- ICK133 V,,. 07!-JCSO-,Iy 03=2-804-0- WIIU,- 2VU3 PREPARED BY: BRADLEY E. STOC*HAM, P.S.M. L O O O N II LIJ J Q U N I GENERAL NOTES: 1- ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED. 2. NOT VAUD WITHOUT THE SIGNATURE ANO THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH 8744'55• WEST. 4. CERTIFICATE OF AUTHORIZATION /LB -43 5. SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF RECORD. 6. THIS SKETCH MAY HAVE BEEN REDUCED. 7, SEE ATTACHED FOR LEGAL DESCRIPTION 8. POINTS ARE SEQUENTIAL AND LABELED INCREMENTALLY, INTERMEDIATE POINT LABELS ARE OMITTED FOR CLARITY. 9. REFERENCE WILSONMILLER PCDOCS NUMBER 165933 FOR DESCRIPTION 10. SEE SHEET 5 FOR COORDINATE TABLE. SECTION 13 ABBREVIATIONS: O.R. - OFFICIAL RECORD BOOK C.E. COLLIER ENTERPRISES, LTD B.C.I. BARRON COLLIER INVESTMENTS LTD B.C.P, = BARRON COLLIER PARTNERSHIP R.O.W RIGHT OF WAY P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING C.O.C. COLLIER DEVELOPMENT CORPORATION O 500 1000 2000 4000 PARCEL DESCRIBED SSA# 9 GRAPHIC SCALE 789.40 ACRES +/- Jw 26, 2006 - CB0825 JCS0TTYIX. \SUR\03J12 \SSA 9 \1H- 21.drq ** NOT A SURVEY ** wilsMiller 4�r iY� r CLIENT: l �. TITLE: TITLE: m`9M7 SECTIONS 12 ANO 13. TOWNSHIP 48 SOUTH. RANGE 28 EAST AND SECTIONS 7 ANO 18. TOWNSHIP 48 SOUTH, RANGE 29 EAST PMI7IIM>t • B�'KbTrt • ftbg1b • Brny- - A dgftb • TM WW*** C.,A.4 COLLIER COUNTY, FLORIDA : FM W„ • Sbaoh WIp • hEYrwn •Pwwm GTM8,a CATE: PROJECT NO.: SHEET NUMBER: FILE NO.: "� ' ^'W� pp'FU 14Ftdd7A:• W.b81. MwMWUnMcan 3/06 03312 —PO4- 000 -2 1 000 1 OF 5 111 -1181 POINT NUMBER NORTMNG EASTING 7 712804.27 504055.04 2 772792.47 501378.76 3 712941.46 501375.04 4 715479.80 501322.29 5 715493.38 503014.91 6 718180.95 502959.36 7 718179.40 502807.73 8 723566.61 502737.98 9 723585.87 503843.87 10 723590.77 505837.49 11 723456.97 505803.24 12 723343.69 505794.51 13 722818.J7 505940.99 14 722805.79 505900.91 15 712790.98 505905.32 16 721395.56 506304.78 17 720754.42 506495.37 18 720744.19 506485.88 19 720738.29 506476.77 20 710733.37 506469.00 11 720726.50 506467.21 22 720581.62 506468.06 23 72037709 506558.20 24 720365.21 50656126 25 720334,55 506574.68 16 720303.21 506584.07 27 720271.33 506591.39 28 720239.03 506596.61 29 72023725 506596.84 30 71998700 506628.01 JI 719967.71 506629.81 32 779970.17 506623.25 33 719972.07 50661109 34 719975.88 506599.76 J5 7f9977.79 506585.80 36 719979,06 506571.20 37 719979.06 506536.93 38 779977.15 506521.70 39 719974.61 506495.04 40 719973.34 506469,02 41 719970.80 506437.18 42 719970.80 506408.72 43 719970.17 506385.88 44 719968.90 506373.18 45 719965.09 506355.41 46 719961.92 506339.54 47 719953.03 506296.38 48 719951.13 506279.88 49 719949.86 506265.29 50 719948.59 506249.42 51 71994732 506228.47 52 719945.42 506206.89 5J 719945.42 506190,39 54 719945.98 506178.11 55 719945.34 506167.79 56 719946.63 506147.79 57 719950.87 506IJ1.96 58 719945.00 506017.93 59 719902.95 505907.81 60 719945.00 505784.48 61 719966.44 505656.35 62 719949.01 505576.68 63 719904.20 505490.79 64 719823.28 505J88.71 65 719725.81 505079.48 66 71969f.35 505072.71 67 719647.04 505047.85 68 719396.60 504764.63 69 719318.02 504713.24 70 719208.91 504699.61 71 7191JJ.42 504696.12 72 719037.41 504723.50 73 718975.88 504785.14 74 718934.86 504860.41 75 718887.27 504891,29 76 718825.74 504891.19 77 718671.23 504868.21 78 718591.63 504856.90 79 718355.31 504821.05 80 718298.16 504812.52 81 718160.17 504828.70 82 77603J,21 505J5J.66 83 777829.05 505J76.26 84 717649.80 505408.61 85 717553.94 505436.01 86 717469.90 505465.89 87 777J60.99 505556.77 88 717117.94 505708.64 89 717099.58 505775.86 90 716886.29 505824.67 91 716456.76 505882.53 92 716046.45 505838.10 93 716025.28 505737.27 94 715969.17 50560780 95 715741.26 505J92.54 96 714J17.20 505J91.85 97 714J20.97 505754.99 98 714274.4) 505779.11 99 714234.96 505802.81 POINT NUMBER NORTHING EASTINC 100 71-1763.55 506100.38 10t 7FJ721.48 506125.22 102 77,7673.87 506149.50 103 713673.87 505923.61 104 71J388.86 505923.61 105 71J388.86 506225.18 F06 713364 22 506226.78 107 713338.16 506227.68 108 712994.51 506234.03 109 712954.20 50405J.J1 110 772941.46 501375.04 113 718230.06 504798.88 114 718218.48 504794.36 115 718166.80 504783.17 116 718125.04 504773.66 117 718125.04 504773.66 118 718125.04 504773.66 119 718048.06 504 719.32 120 717960.11 504657.25 121 717936.82 504638.02 112 717781.90 504510.25 123 717679.52 504425.77 124 717671.15 504390.15 125 717670.71 504388.19 126 717555.26 504318.50 127 717655.26 504318.49 128 717679.52 504169.46 119 717759.41 504041.67 IJO 717776.06 504015.03 131 717786.80 503997.84 IJ2 777786.80 503997.84 IJJ 718789.02 503995.09 Q4 718392.92 503995.20 135 718855.57 503995.43 1J6 719127.58 503995.57 137 719127.71 503995.57 138 719440.56 503995.72 139 719615.64 503995.81 140 719864.49 503995.93 141 719904.63 504110.84 142 719948.81 5042JZ24 143 719949.26 504138.54 144 719949.16 5042J8.54 145 719949.26 504238.54 146 719949.26 504238.54 147 719947.29 504264.72 148 719948.31 504270.58 749 779950.39 504282.50 150 7)9955.80 504308.79 151 719960.90 504313.03 151 719961.96 504318.18 15J 719966.62 504359.83 154 719967.75 504368.63 155 719970.49 504J89.99 156 719971.04 504408.55 157 719973.58 504428.65 158 719974.41 5044J8.19 159 719975. U 504446.44 160 719977.10 504457.06 761 779980.54 504474,27 162 719982.74 504486.01 16J 719985.18 504499.02 164 719989.05 504529.18 165 719989.82 504557.79 166 719989.82 504584.85 167 719989.81 504617 33 168 719992.14 504655.22 169 719997.56 504683.06 170 720002.20 504713.99 171 720005.00 504736.97 172 720006.06 504745.70 17J 720008.41 504754.92 174 720017.54 504790.84 175 720020.36 504846.78 176 720025.65 504922.06 177 719777.51 505048.72 178 719749.32 505065.49 179 723588.01 504714.23 180 723570.28 504715.04 181 72J563.24 504717.14 182 72352796 504743.79 183 723427.01 504762.77 184 723260.48 504860.42 185 72J219.22 504884.74 786 723133.10 504935.39 187 723088.17 504977.64 188 723023.35 505000.52 189 72296756 505006.97 190 722634.05 505032.86 191 722631.97 5050JJ.02 192 722309.52 505225.23 19J 721219.05 505195.76 194 722007.86 505126.98 195 721629.47 50500J.29 196 721645.99 504906.49 197 72166t.22 504818.41 198 721671.J5 504759.83 199 721685.19 504679.76 POINT NUMBER NORTHING EASTING 200 721697.38 504609.31 201 721740.11 504361.17 202 721768.82 504339.41 203 721772.62 504340. t6 204 721790.07 504343.61 205 721818.06 504349.15 206 721818.06 504349.15 207 721893.36 504360.09 208 722019.89 504378.48 209 722019.92 504378.48 210 722029.68 504378.88 111 722107.13 504381.77 212 712176.61 504381.77 213 721267.00 504361.58 214 722J22.66 504349.75 215 722385.82 504325.47 216 722426.86 504310.07 217 722514,49 504257.97 218 722524.49 50425797 219 721547.47 504222.18 220 722557.J1 504140.75 221 72255731 504140.75 122 711556.95 504138.04 223 722555.39 504133.23 224 722550,58 504118.40 215 722550.58 504118.40 126 722546.29 504102.46 227 7225J8.J2 504072.86 228 722532,15 504050.72 229 711519.34 504019.89 230 722490.71 503972.62 231 722475.09 5039JO.97 2J2 712467.28 503887.51 233 722472.48 50385287 234 721495.91 503839.86 235 72151196 503837.63 136 722579.34 503837.25 237 72261106 50J8J7.25 2J8 722660.61 5038J5.22 139 72275764 503831.08 240 722833.45 503827.84 241 722917.63 50-3824.24 242 713045.27 503879.77 243 72J120.00 50JB17.06 244 723284.68 503811.12 245 723413.63 50J809.39 246 72J481.53 503808.61 247 723565.93 503802.54 248 723582.56 503801.95 149 723585.14 501801.86 25J 712954.19 504051.23 254 71294789 502613.J5 255 714151.79 502586.86 256 714324.00 502528.47 257 714688.63 502520.57 258 714896.54 502817.71 259 714958.93 503/39.76 260 715248.26 503399.49 261 715418.12 503431.49 262 715505.05 503787.69 263 715532.70 503981.77 164 715632.38 504273.11 165 715650.42 504380.01 266 7f5466.94 504980.21 267 715479.68 505039.00 268 775572.70 505175-03 269 71571715 505309.42 270 715716.99 505392.5J 272 714103,96 50538763 273 714088,51 505381.27 274 714081.75 505377.J0 275 714074.08 505372.83 176 714064.11 505365.23 277 714057.J6 505359.05 278 714058.09 50533704 279 714057.14 505323.59 181 714038.44 505172.68 282 714033.64 505208.16 283 714034.84 505111.69 285 714065.60 505101.11 186 714090.62 505094,70 288 714179.83 505087.11 289 714203.06 505083,85 190 714251.86 505070.09 291 714286.65 505064.07 191 714300.57 505060.02 194 714367,4) 505016.84 295 714383.24 505013.21 296 714405.37 504976.38 297 714412.85 504955.59 299 714417.56 504571.59 1'' POINT NUMBER NORTHING EASTING 300 714413.04 504493.69 301 714409.24 504475.31 302 714404.45 504465.04 301 714370.65 504408.84 305 714267.04 504315.95 306 714257.32 504309.09 307 714247.05 504304.30 312 713161.51 504J46.51 313 713146.15 504356.10 314 713131.64 504373.40 315 713107.70 504421.36 316 713088.01 504481.41 319 713112.75 505386.07 322 713672.21 503928.26 32J 71JJ78.57 503922.10 324 713314.41 503922.10 325 713279,87 503915.9J J26 713267.53 503890.02 327 773270.00 5038J2.03 328 713282.33 503704.95 J29 713290.97 50J664.24 JJO 713300.84 503644.49 311 713320.58 50J635.86 J12 713371.16 503632.16 333 713536,49 50363139 334 713578.24 503626.62 335 773602.00 503612.99 336 713602.00 503612.99 337 713606.05 503632.94 338 713626.74 503636.64 339 713647.89 5036J7.77 340 713676.08 503639.46 341 713712.17 503641.71 342 713752.49 503641.4) 343 713775.62 503641.71 J44 713778.18 503641.08 345 713782.01 50J64J.26 346 713805.45 503640.79 347 713831,36 503638.33 348 713865.91 503637.09 349 713886.88 503619.69 350 713905.39 503622.29 351 713923.90 503611.05 J52 713946.17 503623.52 353 713972.01 503625.99 354 713995.46 503612.76 355 714017.66 503632.16 356 714OJ9.87 503527.22 J57 714079.35 50352722 J58 714091.69 503644.49 359 774099.09 503665.47 360 714101.56 503692.61 361 714106.50 503735.79 362 714108,96 503771.57 36J 714110.10 503801.18 364 714105.26 503854.24 J65 714107.26 50J89J.2J 366 714089.22 503914.56 367 714011.50 503910.73 J68 713828.90 503929.50 369 713674.86 504013.00 J70 712978,70 505J77J8 J71 713113.83 505376.97 372 713086.61 504510.21 373 713241.90 504316.43 374 713627.38 50424J.10 375 71J932.97 504245.04 J76 714234.99 504JO6.49 377 71440796 504514.25 378 714415.51 504921.60 379 714334.90 505034.30 J80 714081.71 505115.23 J81 714041.81 505771.28 J82 714041.74 505J91.70 383 712954.19 504051.25 384 712804.21 504055.04 385 723585.87 503843.87 387 713674.86 5040J100 388 718190.86 503931.19 COORDINATE TABLE SEE SHEETS 1 -4 FOR SIGNATURE AND NOTES. W= Jul 26. 7006 - 08:0815 JCSOTriI%: \SUR \03317 \SSA 9 \iH- 71.drg W /7rrNr4 ' svimm v . 5 , ON r . fb "IV e . La mbepr Aravab • Trowery8on M V.Uk* ** NOT A SURVEY ** MA S 3OH48 SOUTH. RANGE 25 SECTIONS AND 19, TWNSIP RANC9EAST COLIJER COUNTY, FLORIOA bra All =6,1ft � . Fvrf flJwe • �'� • Tile . TdOwm - ftmm grq.d DATE: PROJECT AI4ftibli f!!b7•IMN EMiM�pp.Fu 89w9tl.yN.8Yb3 nwrmwn9►em. l /nF NO.: 17 I EXHIBIT LAKE TRAF IMMOKALEE 7 -1 t 17 p W EXHIBIT C m ... /� : IA / � ........ .. s s A 9 C R I A V M I N T Wilsonmiller (��� � � m ... /� : IA / � ........ .. s s A 9 C R I A V M I N T Wilsonmiller EXHIBIT D Mfl T ,r `g q \, 0 rl 4 G d t I e! WilsonMiller EXHIBIT E EXHIBIT 1 PREPARCD GY: !} LEY E. 5TGCKHAM, P.S.M. L.3.$6390 DATE .ED 11 -13 -J6 - ADDEO PARCEL "D" B LINE LENGTH :.R BOOK 293 720.89 -'AGE 2779 002 104.77 S88'32'S8"W 116.10 7-T16'12" N69'00'09 "E 1 $ 4 5' 4' C17 1106.06' , 216.10 77'26'16" LINE TABLE LINE LENGTH I BEARING L101 720.89 N01'27'OYW 002 104.77 S88'32'S8"W CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING C15 74.20_L 58.90 1 7710.38" 69.39 S 3.52'47" C16 148.47 116.10 7-T16'12" 1 138.56 1 $ 4 5' 4' C17 292.07 216.10 77'26'16" 270.34 N 0'13.12 E C18 307.52 791.10 2'16' 1" 305.59 NO111 1'53" C19 270.30 191.10 1 81*02'28" 248.32 1 N 1.17' 1 "W 0 6 O 1/4 CORNE O N II PA.G+ / P "� POINT NUMBER L.A J a 589.51'32 "W E C.i. C R. BOOK 870.36' VDT 'AA 2796 5.55* ACRE OTHERWISE NOTED. LAKE PARCEL 2. POINT NUMBER 322 C.E. - COLLIER ENTERPRISES, LTO SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. B.C.I. BARRON COLLIER INVESTMENTS LTD 3. S01' 11'28'1 I 150.02' 8 G ae v Obi T-48 -S 6 ROA 1/4 CORNE PARCEL 'A" NW CORNER OF PA.G+ / P "� POINT NUMBER _ SECTION 7 _ POINT NUMBER 9 N89.51.32 -E 1993.61' 589.51'32 "W E C.i. C R. BOOK 870.36' 2403 PAGE 2,79- 385 / 2796 9 I79 OTHERWISE NOTED. P.O.0 2 PARCEL "Er SW CORNER OF \'jj7'- SECTION 7 589'24'56 "W 151.63' 4 H u v cs �o C.O.0 O.R '437 PAGE 749 13 387 374 j I ARCEL "/l ONTAINS 41.201 13 ,J7 17 ti B.0 F. O.R. BOOK 2009 PAGE 129 1546 -1453 31 "B" 42.45± AIRES P "Q.B PARCEL 'B' 42.45f ACRES 1' NO i'3 17"W 83.33 4' 54 s PARCEL "0" CONTAINS X529.21± ACRES B.C.P, 92 1 p O R_ BOOK 1900 G7 PAGE 179 -184 'S PARCEL "C" CONTAINS 125.46 +/- ACRES (TOTAL) LESS 5.5 ACRE LAKE PARCEL 119.91± ACRES (NET) g7 LANDS RESERVED FOR EARTH MINING AND 2 PROCESSING USES CONTAINS 103 50.08 ACRES +/- 102 104 WI80Atii0f, kC. ' '. Mill • port M/ar>t . 8r-b • 8'ol • ToW . Taklmm • Pawn Ciy Bnrh DATE PROJECT NO. ',ZCi76Ws7 LAns, Hds 200 •MµYSltfaii 3a0.5- 8T07•PBaw 4M.Fu ZX- 043398• wwaw lHn.iamrrcal, 3/06 03312 -PO4 -000 -2 1 000 L NUMBER. FILE NO.' 2 OF 5 M-21M �I �58944'S5'W/ N.O'2TOYw. I �I� LOIL WELL ROAD L2 2676.91' 1 15004• PAIL 1/4 CORNE (f00' RIGHT -OF -WAY) PARCEL 'C PA.G+ / P "� POINT NUMBER SECTION CDR. PARC L�C. 253 SE CORNER OF SW CORNER OF GENERAL NOTES: SECTION 13 SECTION 18 I. 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, LTO 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 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. COWER DEVELOPMENT CORPORATION 5. SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF O 500 1000 2000 4000 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 Q RESTORATION PARCEL "B" CONTAINS 42.45 ACRES +/- 8. POINTS ARE SEQUENTIAL AND LABELED INCREMENTALLY. EZ) 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 +/- "D" 9. REFERENCE WILSONMILLER PCOOCS NUMBER 168962 FOR DESCRIPTION 9--,] RESTORATION PARCEL CONTAINS 529.21 NET. ACRES +/- 10 SEE SHEET 5 FOR COORDINATE TABLE. Jul 26. 2006 - 08 -. .08.37 JCSOTTVIX \SUR\03312\SSA 9 \1H- 21A.,; 'k# NOT A SURVEY ** �! Wil Mille fCLENT� TITLE ; �, OF SECTION 12. TOWNSHIP 48 SOUTH, RANGE 28 EAST Pk- • 61�1ea't • Ecobpib • S-wj- • LwIck" Arctkf -* • Tra11p"Jbn CmPAml AND SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST COLUER COUNTY, FLORIDA WI80Atii0f, kC. ' '. Mill • port M/ar>t . 8r-b • 8'ol • ToW . Taklmm • Pawn Ciy Bnrh DATE PROJECT NO. ',ZCi76Ws7 LAns, Hds 200 •MµYSltfaii 3a0.5- 8T07•PBaw 4M.Fu ZX- 043398• wwaw lHn.iamrrcal, 3/06 03312 -PO4 -000 -2 1 000 L NUMBER. FILE NO.' 2 OF 5 M-21M 17 Dl� !I 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 504609.31 916/2006- 1 768 66 W, 01!- BSTOCKHA c- 03312 -000 -000- -0 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 9/8,2008- 176886 Ver 01' BSTOCKHA C.N 3 03312 -OOC -COO -- 0 o' 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 °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 "B" COMMENCING AT THE SOUTHWEST CORNER OF SECTION 730WNSHIP 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); 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 9/612006- 176866 V., 011- BSTOCKHA CPa i 01312 -GOG -000- 0 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 9162006- 17CM6 Ver 011- BSTOCKHA 1-3 01312 -GCO -000 -- 0 177 Al 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 01027'02" 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 W8.2006-176866 Ver 011- 9STOCKHA 1-3 03312 000 000 - 0 i^ji"y}1 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 54 025'34" WEST FOR 138.56 FEET (TO POINT NUMBER 378, NORTHING 714415.51, EASTING 504921.60); THENCE S.88 056'20 "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 77 026'16"; THENCE SOUTHWESTERLY ALONG THE ARC A DISTANCE OF 292.07 FEET, HAVING A CHORD BEARING OF SOUTH 50 013'12" WEST FOR 270.34 FEET (TO POINT NUMBER 376, NORTHING 714234.99, EASTING 504306.49); THENCE S-1 1030'04"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 00 021'53" WEST FOR 305.59 FEET (TO POINT NUMBER 374, NORTHING 713627.38, EASTING 504243.10); THENCE S.10 046'18 "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 81002'28"; THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 270.30 FEET, HAVING A CHORD BEARING OF SOUTH 51 017'31" 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; 918120015-176866 V., 011- 9STOCNHA Caw] C3312 -000- 000 - -0 iwl 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 °32'58" 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 MV2006- 175866 Ver. 011- BSTOCKHA 'prl 03312 - 000 -000 -- 0 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 916,2006- 176866 V., 011- 9STOCKHA CP 3 03312 COG -000 - 0 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 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. 9/8OW& 176866 V., 011- BSTOCNHA cW." 03312.000 -000- -C 7`! Wilsonmillero PION Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND IS TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 10 OF 10 BY - DATE? - 8 -o.,, � BRADLEY E. STOCKHAM, P.S.M. PSMX6390 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 82. ;u...o-17CM Vcr.01l- 8s.rcc' A uw 3312.000 -m -. o PREPARED BY: BC.I ER, 5CCK 2193 y+ PAGE ,_'9 !3 BRADLEY E. STOCKHAM, P.S.M. L.S.Q6390 DATE LINE TABLE LINE LENGTH BEARING L101 720.89 N01'27'02"W L1021 104.77 S88'32'58"W CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING C15 74.20 58.90 7 10'7 69.39 •47" C16 148.47 1 116.10 83.34' 1993.62' C17 -MW 216.10 77 '1 270.71 1 '1 018 307,52 791.10 1 1' 705.59 NIE 079 270.30 191.10 1 248.72 1 17 1" 234 1 C.P. OR 2 7CK .1009 AGE i 546 T -48-S 6 P.O.& GENERAL NOTES: PARCEL "A" No t'3J' 17'w NW CORNER OF ABBREVIATIONS: SECTION 7 > ° m1- - POINT NUMBER 9 N89'51'32 "E 83.34' 1993.62' 99.51'32"/ C.i, O.R. 3001( 8 0.36' 2413 PAGE 2779 - H r PARCEL DESCRIBED 781 ACRES A OVERALL DEn� rn� prvN B C. 1. C. R. w W BOOK 2493 530.4452' Ej ?AGE 2779 27..36' mm L 154 176.... RCEL "A INTAINS 42.201- 7 . � q 17,49 3-C.P. U.R. SOCK 2CO9 PAGE 1546 -1553 PARCE "B^ 12 '1-- CON NS PAC 13 wi 4.451- A RES Me PARCEL "B" PARCEL "B" SW COCRTNOEN OF 42.451- ACRES / 109 253 N.01•27.OYW. Ok WELL ROAD 1 - - 150.04• LIDO, (100• RIGHT -0F' -WAY) SW CORNER OF GENERAL NOTES: i i No t'3J' 17'w ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS ABBREVIATIONS: > ° m1- - 21- �� f 23 83.34' NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED C.E. COLLIER ENTERPRISES, LTD LL v 2 1 7 3. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, B.C.P. . BARRON COLUER PARTNERSHIP C.D.C. C.R. 0 R.O.W RIGHT OF WAY p BEING SOUTH B9'44.55" WEST. 1537 m B.C.I CERTIFICATE OF AUTHORIZATION /LS -43 P.O.B. . POINT OF BEGINNING FACE 749 C.R. BOOK 2545 OO N SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF 0 500 1000 2000 4000 6. PAGE 596 GRAPHIC SCALE 7. SEE ATTACHED FOR LEGAL DESCRIPTION 13 8. POINTS ARE SEOUENTUIL AND LABELED INCREMENTALLY. INTERMEDIATE PONT RESTORATION PARCEL "B" CONTAINING 42.45 ACRES +/- 9. LABELS ARE OMITTED FOR CLARITY. REFERENCE WILSONMILLER PCDOCS NUMBER 168962 FOR DESCRIPTION RESTORATION PARCEL "C" CONTAINING 119.91 NET. ACRES + - / 10. SEE SHEET 5 FOR COORDINATE TABLE. L.C.P. II CLIENT: no= & a%vm 1p O.R. BOOK 1900 TITLE: SKETCH OF OFSCIiPTION OR PNlT OF Gi fAGE 179 -184 SECTION 12, TOWNSHIP 46 SOUTH. RANGE 28 EAST 26 65 269 AND SECTIONS 7 AND 16, TOWNSHIP FLORIDA SOUTH. RANGE 29 EAST COLLIER COUNTY. WNSHIP FL J 1 PARCEL "C' 3WB by -0 c m 259 DATE: 308 CONTAINS SHEH NUMBER: FILE NO 03312 -PO4- 000 -21000 19.911 ACRES (TOTAL) V) '.4a N m LESS 5.5 ACRE LAKE PARCEL 5.553 ACRE o LAKE PARCEL 7760 POINT NUMBER 322 S3 1 362 7 1! 787 374 I 73 7 70 / 109 253 N.01•27.OYW. Ok WELL ROAD 1 - - 150.04• LIDO, (100• RIGHT -0F' -WAY) SW CORNER OF GENERAL NOTES: 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. 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 COLUER PARTNERSHIP TOWNSHIP 4B SOUTH. RANGE 29 EAST, COLLIER COUNTY, FLORIDA R.O.W RIGHT OF WAY BEING SOUTH B9'44.55" WEST. P.O.C. - POINT OF COMMENCEMENT ■.� 4. CERTIFICATE OF AUTHORIZATION /LS -43 P.O.B. . POINT OF BEGINNING C.D.C. . COLLIER DEVELOPMENT CORPORATION S. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF 0 500 1000 2000 4000 6. RECORD. THIS SKETCH MAY HAVE BEEN REDUCED. GRAPHIC SCALE 7. SEE ATTACHED FOR LEGAL DESCRIPTION RESTORATION PARCEL "A" CONTAINING 42.20 ACRES +/- 8. POINTS ARE SEOUENTUIL AND LABELED INCREMENTALLY. INTERMEDIATE PONT RESTORATION PARCEL "B" CONTAINING 42.45 ACRES +/- 9. LABELS ARE OMITTED FOR CLARITY. REFERENCE WILSONMILLER PCDOCS NUMBER 168962 FOR DESCRIPTION RESTORATION PARCEL "C" CONTAINING 119.91 NET. ACRES + - / 10. SEE SHEET 5 FOR COORDINATE TABLE. Jul 26, 2DO6 - 0806:37 JCSOTTYj%: \SUR\03312\SSA 9 \114- 21.drq *'k NOT A SURVEY ** CLIENT: no= & a%vm TITLE: SKETCH OF OFSCIiPTION OR PNlT OF SECTION 12, TOWNSHIP 46 SOUTH. RANGE 28 EAST PINYf�14 • E0NK4 • • BV1q'g1f • LW1X4 Af011i0CW . iYWIIRPu7N6Wl CavWl41lb AND SECTIONS 7 AND 16, TOWNSHIP FLORIDA SOUTH. RANGE 29 EAST COLLIER COUNTY. WNSHIP FL 3WB by AWN • FatA6ws • 6V4MY • 87MN • 74npA • 7Ailrlw4 • PA1I111W Cq 844CA L4AA BM2W • W+AK AbI � MRS1R17• AIw J*40I Fu Z99'tt>•'67k' w1b"er'WI wbmwArwm DATE: 308 PROJECT NO.: SHEH NUMBER: FILE NO 03312 -PO4- 000 -21000 2 OF 5 111 -'11= POINT POINT NUMBER NORTHING EASTING NJMBER NORTHING EASTING 1 712804.21 504055.04 100 713763.55 506100.38 2 712792.47 501378.16 701 71J721.48 506125.22 3 712941.46 501375.04 102 713673.87 506149.50 4 715479.80 501322.29 103 713673.87 505923.61 5 715493.J8 503014.91 104 713388.86 505923.61 6 718f80.95 502959.36 105 713388,86 506225.18 7 718179.40 501807.73 106 713364 22 506226.78 8 723566.61 501737.98 107 71JJJ8.IS 506227.68 9 723585.87 503843.87 108 712994.51 506234.03 10 723590.77 505837.49 109 712954,20 50405J.3J 11 723456.97 505603.24 110 712942.46 501375.04 12 723343.69 505794.53 1f3 718230.06 504798.88 73 722818.37 505940.99 174 718278.48 504794.36 14 722805.79 505900.91 115 718166.80 504783.17 t5 722790.98 505905.32 116 718725.04 504773.66 16 721395.56 506304.78 177 718125.04 504773.66 17 720754.42 506495.37 118 718125.04 504773.66 18 720744.19 506485.88 719 718048.06 504719,32 19 720738.29 506476.77 120 717960.12 504657.25 20 720733.37 506469.00 121 717936.82 504638.02 21 720726.50 506467.21 712 717781.90 504510.25 22 720581.62 506468.06 123 717679.52 504425.77 23 72037709 506558.20 124 71767t.15 504390.15 24 720365.21 506563.26 125 717670.71 504388.19 25 720334.55 506574.68 126 717655.26 504318.50 26 720303.21 506584.07 127 717655.26 504318.49 27 720271.JJ 506591.39 128 717679.52 504169.46 28 720239.03 506596.61 129 717759.41 504041.67 29 720237.25 506596.84 130 717776.06 504015.03 JO 71998700 506628.01 137 717786.80 503997.84 31 719967.71 506629.81 t32 777786.80 50399784 32 719970.17 506623.25 133 718189.02 503995.09 33 71997207 506673.09 134 718392.92 503995.20 34 719975.88 506599.76 135 718855.57 503995.43 35 7f997779 506585.80 136 719127.58 503995.57 36 719979.06 506571.20 137 719127.71 503995.57 37 719979.06 506536.93 138 719440.56 503995.72 38 779977.15 506527.70 139 719615.64 503995.81 39 719974.61 505495.04 140 719864.49 503995.93 40 719973.34 506469.02 141 719904.63 504110.84 41 779970.60 506437,28 142 719948.81 504237.24 42 719970.80 506408.72 143 719949.26 504238.54 43 719970.17 506385.88 144 719949.26 504238.54 44 719968.90 506373.18 145 719949.26 504238.54 45 719965.09 506355.41 146 719949.26 504238.54 46 719961.92 506339.54 147 71994729 504264.72 47 719953.03 506296.38 148 719948.J1 504270.58 48 719957.13 506279.88 149 779950.79 504282.50 49 719949.86 506265.29 750 719955.80 504308.79 50 719948.59 506249.42 751 719960.90 504JJJ.03 51 719947.32 506218.47 152 719967.98 504338.18 52 719945.42 506206.89 153 719966.62 504359.83 5J 779945.42 506190.39 154 779967.75 504368.63 54 719945.98 506178.11 755 719970.49 504389.99 55 719945.34 506167.79 156 719972.04 504408.55 56 719946.63 50614279 157 719973.58 504418.65 57 719950.87 506fJ1.96 15B 719974.41 504438.19 58 719945.00 50601793 159 719975.13 504446.44 59 719902.95 505907.81 160 719977.20 504457.06 60 719945.00 505784.48 161 719980.54 504474.17 61 719966.44 505656.35 162 719982.74 504486.01 62 719949.01 505576.68 163 719965.18 504499.02 63 719904.20 505490.79 164 719989.05 504529.18 64 719823.28 505388.71 165 779989.82 504557.79 65 719725.81 505079.46 166 719989.82 504584.85 65 719691.35 505072.71 167 219989.82 504677.3) 67 719647.04 505041.85 168 719991.14 504655.22 68 719396.80 504764.6) 169 719997.56 504683.06 69 719378.02 50471124 170 720002.20 504713.99 70 719208.97 504699.67 171 720005.00 504736.97 71 719133.42 504696.12 172 720006.06 504745.70 72 719037.42 504723.50 17J 720008.41 504754.92 73 718975.88 504785.14 174 720017.54 504790.84 74 718934.86 504860.42 175 720020.36 504846.78 75 71888727 504891.29 176 720023.65 504922.06 76 718825.74 504891.19 177 719777.51 505048.72 77 718671.23 504868.22 178 719749.32 505065.49 78 718592.63 504856.90 179 72J588.01 504714.23 79 718355.J1 504821.05 160 723570.28 504715.04 80 718298.16 504812.52 181 723563.24 504717.14 81 718260.17 504828.70 782 723527.96 504743.19 82 71803J.21 505753.86 183 723427.03 504762.77 83 717829.05 505376.26 184 72J26a48 504860.41 84 717649.80 505408.63 185 723219.22 504884.74 85 717553.94 505436.02 186 72JIJJ.30 504935.39 86 717469.90 505465.69 187 723088.17 504977.64 87 717360.99 505556.77 188 72302J. J5 505000.51 88 717217.84 505708.64 189 722967.56 505006.97 89 717099.58 505775.86 190 722674.05 5050J2.86 90 716886.29 505824.67 191 7226JI.97 505033.01 91 716456.16 505882.5) 192 722309.52 505225.23 92 716046.45 505838.10 193 722219.05 505195.76 93 716025.28 5057JZ27 194 722007.86 505126.98 94 715969.17 50560780 195 721629.41 505003.29 95 715747.26 505392.54 196 721645.99 504906.49 96 714JIZ20 505391.85 197 721661.22 504818.41 97 714320.97 505754.99 198 721671.35 504759.8J 98 714274.4) 505779.J1 199 721685.19 504679.76 99 714234.96 505802.,92 POINT NUMBER NORTHING EASTING 200 721697.38 504609.31 201 711740.77 504362.17 202 721768.82 504339.41 203 721772.62 504340.16 204 721790.07 504343.61 205 721818.06 504349.15 206 721818.06 504349.15 207 72189J.36 504360.09 208 712019.89 504378.48 209 722019.92 504378.46 210 722029.68 504J78.88 211 722107.13 504381.77 212 722176.61 504381.77 213 72226700 504361.58 214 721322.66 504349.15 215 722385.82 504325.47 216 722426.86 504310.07 217 722524.49 504257.97 218 722524.49 50425797 219 722547.47 504222.18 220 722557.3f 504140.75 211 722557.31 504140.75 222 722556.95 504)38.04 223 722555.39 504133.23 114 722550.58 504118.40 225 722550.58 504118.40 226 712546.29 504102.46 227 712538.32 504072.86 218 722532.35 504050.72 229 722519.34 504029.89 2JO 722490.71 503972.62 231 722475.09 503930.97 232 722467.28 503881.51 23J 722472.48 503852.87 234 722495.91 503839.86 235 722515.96 5038J7.63 236 722519.34 503837.25 237 72261J.06 50J837.25 238 722660.61 503BJ5.22 139 72275764 503831.08 240 72283J.45 503827.84 241 7219176) 503824.24 242 72J045.27 503819.77 243 723120.00 503817.06 244 723284.68 503811.12 245 723423.63 507809.39 246 72J482.53 503808.61 247 723565.93 503801.54 248 723582.56 503801.95 249 723585.14 503801.86 253 7f2954.19 504051.23 254 71294789 502677.35 255 714151.79 502586.86 256 714J24.00 502528.47 257 714688.63 502520.57 258 714896.54 50281771 259 714958.93 503139.76 260 715248.26 50JJ99.49 261 775418.12 5034J2.49 262 715505.05 503787.69 263 715532.10 503981.77 264 715632.38 504273.11 265 715650.42 504380.01 266 715466.94 504980.23 267 715479.68 505039.00 268 715572.70 505175.03 169 715777.35 505309.42 270 715716.99 505392.53 272 714103.96 505387.0 273 714088.51 505381.27 274 714061.15 505377JO 175 714074.08 505372.8J 276 714064.11 505365.23 177 714057.36 505359.05 278 714058.09 505337.04 279 714057.14 505313.59 281 714038.44 505272.68 282 714033.64 505208.16 283 714034.84 505112.69 285 714065.60 505102.11 286 714090.62 505094.70 288 714179.83 505087.11 289 714203.06 505083.85 290 714151.86 505070.09 191 714286.65 505064.07 292 714300.57 505060.02 294 714367.43 505026.84 295 714383.24 505013.21 296 714405.37 504976.38 297 714412.85 504955.59 299 714417.56 504577.59 t POINT NUMBER NORTHING EASTING 300 714413.04 504493.69 301 714409.24 504475.31 J02 714404.45 504465.04 30J 714370.65 504408.84 305 7)4267.04 504315.95 306 714257.32 504309.09 J07 714247.05 504304.30 312 713161.51 504J46.51 313 713146.15 504356.10 314 7131JI.64 504373.40 315 71310770 504421.36 376 713088.01 504481.41 319 713111.75 505386.07 322 713672.21 503918.26 J23 71JJ75.57 50J922.10 314 773J14.41 50J922.10 325 713279.87 503975.93 326 713267.53 503890.02 327 713270.00 50J832.03 J28 713282.33 503704.95 329 713190.97 503664.24 330 713300.84 503644.49 3Jf 773320.58 503635.86 3J1 713371.16 5036J1.16 3J3 713536.49 503633.39 JJ4 713578.24 503626.62 335 713602.00 5036J2.99 MIS 713602.00 503632.99 337 713606.05 503632.94 338 713626.74 503636.64 3J9 713647.89 503637.77 J40 713676.08 503639.46 341 713712.17 503641.71 342 713752.49 503641.43 343 713775.62 503641.71 344 713778.18 503641.08 345 713782.01 503643.26 346 713805.45 503640.79 347 713831.36 503638.J3 348 773865.91 503637.09 349 713886.88 503629.69 350 713905.39 503612.29 351 713913.90 503621.05 352 713946.11 503613.51 353 713972.01 503625.99 354 713995.46 503631.16 J55 714017.66 503632.16 356 714039.87 503617.21 J57 714079.35 50362721 358 774091.69 503644.49 359 774099.09 5OJ665.47 360 714101.56 503692.61 361 714106.50 503735.79 362 714108.96 503771.57 36J 714110.20 5OJ801.18 364 714105.26 503854.24 365 714107.26 503893.23 366 714089.22 503924.56 J67 714011.50 503930.73 368 773828.90 503929.50 369 713674.86 504033.00 370 712978.70 505377.38 J71 713113.83 505376.97 J72 713086.61 504510.21 373 713241.90 504318.43 374 71362738 50424J. FO 375 713932.97 504245.04 376 714234.99 504706.49 377 714407.96 504514.25 378 714415.51 504921.60 379 714334.90 505034.30 J80 714082.71 505115.23 381 774047.81 505171.18 382 774047.74 505392.70 383 712954.79 504051.25 384 712804.21 504055.04 385 723585.87 503843.87 387 713674.86 504033.00 388 778190.86 503931.79 IL-11 COORDINATE TABLE SEE SHEETS 1 -4 FOR SIGNATURE AND NOTES. Jul 28. 1006 - 08:08:25 JCSOTTYIIT: \SUR\03312 \SSA 9 \iH- 21.dwq ** NOT A SURVEY ** CLIENT: 1AMM 0X & WAMN CM TITLE: SKETCH OF DESCRMm OF PART OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH. RANGE 28 EAST AND SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH. RANGE 29 EAST FIR/ NO a/g1'81! • lawbef aArcNYei • T}ampwiam CW.Uft* COLUER COUNTY. FLORIDA Alp* •fad Harm • &v=6 III raw . nlbtlra. • /tip Mauch DATE: PROJECT NO.: U1M Hair I ra A41. 9Al • Yr.1•. CMi +w+t�w� v_ r .. � .- •.• FII F EXHIBIT F EXHIBIT ui -i Z 0 O ui I 4% 05 E rnLL Ul U) l70 1 Table 2 RESTORATION CREDIT CALCULATIONS Restoration Type Acres "R1" Credits "R2" Credits Restoration 8.0 Early Entry Bonus Credits 4.0 per acre 4.0 per acre 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 691.4 2765.6 2765.6 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 Wlsoffm ller SSA 9 Credit Agreement Exhibit F EXHIBIT G NERMNE'l," EXHIBIT I -(;� EXHIBIT G RESTORATION PROGRAM 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, and C 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 - VOf.A.- C. 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; 179 1 1 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 - Ver..ts- C-3 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. The estimated annual costs of the land management measures for Restoration Areas A, B, and C are $15,000. 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. P. 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. q. In the event the Grantor fails to annually provide the Surety and fails to maintain the Restoration Areas pursuant to the land management 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. I 1 ?0 �1 EXHIBIT H 17D '� EXHIBIT 1 17 D i, 4� NOTE SSA 9 CREDIT AGREEMENT "EXHIBIT H" IS THE STEWARDHIP EASEMENT AGREEMENT AND ALL INCLUDED EXHIBITS PLEASE SEE STEWARDHIP EASEMENT AGREEMENT EXHIBIT EXHIBIT r I vr/A svAnc�.7.l. C]n -n, ;moo.. i,s �^'N 31.rwIMIq AY.ffeAl QOf.43�...�1 nx.0! �t.J.•.-14.:! ®won MYxyM Zm. po.. N WilsvnMiller II, �c k � a 4 I vr/A svAnc�.7.l. C]n -n, ;moo.. i,s �^'N 31.rwIMIq AY.ffeAl QOf.43�...�1 nx.0! �t.J.•.-14.:! ®won MYxyM Zm. po.. N WilsvnMiller 3 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 17D 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. K 17D , , " io"' 4 01 f. Agriculture - Support Uses, also described as Land Use layer 6. 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 3 A � 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. 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. EI 17D '11 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. 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. 5 17L 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. M STATE OF FLORIDA I COUNTY �daThe foregoin Stewardship Easement Agreement was executed before me this y of �u . :2 1'7 of the Florida Department of Agriculture and Consumer Affairs. /, E�x,q Karen A. Meyer : Commission # DD346679 �'.•Expires October 20, 2008 80ftM Troy Fein • Inwnnce. Inc M3W7019 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: eff W ht Assis ant County Attorney WITNESS: (Signature) (Print full name) (Signature) (Print full name) Notary P, is Name Cert ificat No. ? My Commission Expires /Q COLLIER Tames Coletta, Chairman Atta►�ps n x. BARRON COLLIER INVESTMENTS, LTD. A Florida Limited Partnership By: Paul J. Marinelli Administrative Agent GRANTEES' ACCEPTANCE OF STEWARDSHIP EASEMENT WITNESS: FLORIDA DEPARTMENT OF AGRICULTURE AND qq WYER AfFAIW By: Cd !k. <CJ /C -t C. If 2, Signs re Name Signature Print Name its: 7`v, _ �T arf STATE OF FLORIDA COUNTY OF COLLIER The foregoing day of Consumer Affairs. Stewardship Easement Agreement was executed before me this of the Florida Department of Agriculture and AI tc-�T1. D l�rl-r �, ,��►�u; � ,tt;�RFr Attest PuLy.Q&4 s f;�atart :�! ■ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: rr��� Jeff right Assi ant County Attorney WITNESS: t, (Signature) CAROLYNA. SHAW (Print full name) z &oteylt-, (Signature) L, (Print full name) Notary Public Name Certificate No. My Commission Expires BOARD OF COUNTY COMMISSIONERS COLLIER C09 TY, F RI By: Ji Coletta, Chairman BARRON R INVESTMENT D. I Partners P I J. Marinelli Administrative Agent WITNESS: 1 , (Signature) CAROLYN A. SHAW (Print full name) ,y (Signature) (Print full name) WITNESS: I (Signature) CAROLYN A. SHAW (Print full name) (Signature) (Print full name) M� BARRON COLLIER INVESTMENT , LTD. Florida Limited Partners p ? By: Katherine G. Spr Juliet C. Sproul -N A General Partner , Tru mentary Trust BARRON L R PARTNERS ri ral Partn By: of Pail J. Marinelli Administrative Agent WITNESS: (Signature) CAROLYN A. SHAW (Print full name) f (Signature) (Print full name) STATE OF FLORIDA COUNTY OF COLLIER BARRON COLLIER PARTNERSHIP, A Florid"eneral Partnership,- � By: %_1 Katherine G. Sproul ,!1�ustee � � " Juliet C. Sproul Test�fnentary Trust A General Partner 1 1f The forepq4ng Stewardship Easement Agreement was executed before me this I g day of , 200$1, by PAUL J. MARINELLI, as Administrative Agent of BARRONK,OOLLIER INVESTMENTS, LTD. Notary Public Name: SUSAN L. MATURO Certificate No. My Commission expires: ,r►r Susan L Matum y My Commission D034MIS .:Apues October 15, 200E STATE OF FLORIDA COUNTY OF COLLIER The fore ing Stewardship Easement Agreement was executed before me this %/ 14- day of _ , 20017, by KATHERINE G. SPROUL, as Trustee for the Juliet C. Sprou estamen ary Trust, a General Partner of BA RON COLLIER INVESTMENTS, L D. Notary Public SUSAN L. MAT URO Name: Certificate No. My Commission expires: STATE OF FLORIDA COUNTY OF COLLIER Susan L Maturo My Commission D0343616 +� /y i Expires October 15, 2008 The foregoing Stewardship Easement Agreement was executed before me this ('9 day of , 2001, by PAUL J. MARINELLI, as Administrative Agent of BARROM COLLIEk PARTNERSHIP x4t, Notary Public Name: SUSAN L. MATURO STATE OF FLORIDA COUNTY OF COLLIER Certificate No. My Commission expires: .&OW Pik Susan L Maksm ,} My Commission DD343616 ik nds' Expires October 15, 2008 The fore oing Stewardship Easement Agreement was executed before me this 19 ,- day of , 200 by KATHERINE G. SPROUL, as Trustee for the Juliet C. Spro Testameritary Trust, a General Partner of BARRON COLLIER PARTNERSHIP. Notary Public Name: SUSAN L MAT 1R(l Certificate No. My Commission expires: Awl(& Susan L Mature My Commission DD343016 ilM1di Expires Jaober 15. 2008 7n 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 F:\wpdocs\LIT\GLV \New Town Development\Ave Maria \Legal Docs from 7 -05 on \WORD -SSA 9 Easement Agreement 11 -13 -06 (2).doc �7 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 °11'28" 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 89 024'56" 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); 7/2 6/2 0 06 1 6 5 93 3 V., 011- JCSOTTV EXHIBIT CPNJ C3312 SC4 -040- VWRK- 28783 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 °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 POINT NUMBER 44, NORTHING 719968.90, EASTING 506373.18 POINT NUMBER 45, NORTHING 719965.09, EASTING 506355.41 7.'2612006- 165933 Ve, 011- JCSOTTY caw' 03312- 504 -C40- V W RK- 28783 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 7126!2006- 165933 V., 011- JCSOTTY C-5 03312 -SO4 -040- `JW RK- 28783 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 01003'33" 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. 7/26/2006-165933 V., C7!- JCSOTTY 'Z' C3312 -SC4- 040 - VWRK- 28783 17 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 1 H -21). 2. ACCURACY: A. THESE LINES ARE BASED ON INTERPRETATIONS FROM AERIAL PHOTOGRAPHS HAVING THE FOLLOWING PARAMETERS: 1. DATE OF PHOTOGRAPHY: 4/23103 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: 712612006. 15933 Val 011- JCSOTTY 03312-SO4 -040- VWRK -28783 Arilsoamillee New Dlractions to Pfmning, Design & Engineering DESCRIPTION OF LANDS LYING. WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COWER COUNTY. FLORIDA SHEET 6 OF 6 17 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 1 4 L ocx/40(19 —06 BRADLEY E. STOCKHAM, P.S.M. DATE O! PSM.�6 039039 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. ?U76- 7CaSJJ V�r. 01!- JCSOIIY a 03312SO4440- VW R(- 2E M PREPARED BY: BRADLEY E. STO HAM, P.S.M. L. 0 O O fV II w J Q U N N GENERAL NOTES: I. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED. 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3. BEARINGS ARE RASED ON THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLUER COUNTY, FLORIDA BEING SOUTH 8744'55' WEST. 4. CERTIFICATE OF AUTHORIZATION /LB -43 5. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD, 6. THIS SKETCH MAY HAVE BEEN REDUCED. 7. SEE ATTACHED FOR LEGAL DESCRIPTION Q POINTS ARE SEQUENTIAL AND LIBELED INCREMENTALLY, INTERMEDIATE POINT LABELS ARE OMITTED FOR CLARITY. 9. REFERENCE WILSONMILLER PCDOCS NUMBER 165933 FOR DESCRIPTION 10. SEE SHEET 5 FOR COORDINATE TABLE. SE CORNER OF SECTION 13 ABBREVIATIONS: O.R. - OFFICIAL RECORD BOOK C.E. = COLLIER ENTERPRISES, LTD B.C.I. - BARRON COLLIER INVESTMENTS LTD B.C.P. = 13ARROM COLLIER PARTNERSHIP R.O.W - RIGHT OF WAY P.O.C. - POINT OF COMMENCEMENT P.O.B. - POINT OF BEGINNING C.D.C. - COLLIER DEVELOPMENT CORPORATION 0 500 1000 2000 4000 PARCEL DESCRIBED SSA# 9 GRAPHIC SCALE 789.40 ACRES +/- Jul 26. 2CC6 - 08 CB:26 JCS0TTYIN: \SUR\03312 \SSA 9 \1H- 21.Awg ** NOT A SURVEY ** C; IFNT: � =LM & M� Mm ✓� Wil Miller TITLE: � , SECTIONS 12 ANO 13, TOWNSHIP 48 SOUTH. RANGE 28 EAST ANO SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST PMnWr9 ' 6pRSn ' C' 01 1 - Stril. L4ndcAPvArs Ww11r • TrYRporma l c*vA%nb COLLIER COUNTY, FLORIDA WilovlNlrft 161-. :* W� • Rwo 2 To -rw . ww CATE: PROJECT NO.: SHEET NUMBER: FILE NO.: wWllAamFram 3/06 03312 -PO4- 000 -21000 1 OF 5 i6�Zi�i POINT POINT POINT NUMBER NORTHING EASTING NUMBER NORTH.NG EASTING NUMBER NORTHING EASTING POINT 1 712804.21 504055.04 700 713763.55 506100.38 200 72169738 504609.31 NUMBER NORTHING EASTING 2 712792.47 501378.16 707 713721.48 506125.21 ?01 711740.11 504162.17 300 714413.04 504491.69 3 712942.46 501375.04 !01 773671.87 506149.50 202 721768.82 5043J9.41 301 714409.24 504475.69 4 715479.80 501`322.29 ?OJ 713673.87 505923.61 203 721772.62 504340.16 30? 714404,45 504165.04 5 715493.38 503014.97 104 713388.86 505923.61 201 771790.07 504343.6! 303 714370.65 504408.84 6 718180.95 501959.36 105 77JJ88.86 506225.18 205 711818.06 504349.15 305 714267.04 504315.95 7 718579.40 50 2807.73 106 773364.22 506 ?26.78 206 721878.06 504349.15 J06 71425732 504309.09 8 723568.61 501737.98 107 7 ?JJJB.18 506227.68 207 72189J.J6 504J60.09 307 714247.05 504304.30 9 723585.87 503843.87 108 712994.51 506 234.03 208 721019.89 504378.48 371 713161.51 504346.51 10 723590.77 505837.49 109 712954.20 50405J.3J 209 722019.92 504178.48 173 713146.15 504156.10 1 723456.97 50580J.24 110 712942.46 501375.04 170 721029.68 504378.88 314 713147.64 504373.10 t2 723343.69 505794.5) 113 718230.06 504798.88 211 712101.1) 504181.77 375 713107.70 504421.36 IJ 72281 8.37 503940.99 114 718218.48 504794.36 212 72 2176.61 504381.77 316 713088.01 504481.41 14 722805.79 505900.91 115 718166.80 504783.17 273 72 ?267.00 504361.58 379 713112.75 505186.07 15 721790.98 505905.32 116 718725.01 504773.66 114 7213 22.66 504349.15 322 7fJ112.75 503918.26 76 711395.56 506JO4.78 777 718125.04 504773.66 215 772385.82 504325.47 J23 713378.57 503911.10 17 720754.42 506495.37 118 718125.04 504773.66 216 722426.86 504310.07 J24 713J14.41 503912.10 18 720744.19 506485.88 119 718048,06 504719.32 ?117 71 ?524.19 501 ?57.97 325 713179.87 503915.93 19 720738.29 506176.77 120 717960.12 504657.25 218 7125 24.49 504257.97 316 713 ?67.53 503890.01 20 72073J.37 506469.00 121 717936.82 504638.02 779 722547.47 504222.18 J27 713270.00 50383 2.03 21 720726.50 506467.21 712 717781.90 504510.25 220 72 255731 504140.75 328 713281.33 503704.95 22 720581,62 506468.06 123 717679.52 504425.77 ?25 7? ?55737 504140.75 329 711290.97 501664.14 23 720377.09 506558.20 114 777671.15 504390.15 222 722556.95 504138.04 J29 713300.84 501644.49 24 720365.2'1 50656J.26 125 717670.71 504388.19 223 722555.39 504133.2,3 311 713320.58 5036J5.86 25 720334.55 506574,68 126 717655.26 504318.50 214 7 21550.58 504118.40 J32 713371.16 50363?. 16 26 720303.21 506584.07 127 717555.26 504318.49 225 722550.58 504118.40 333 713536.49 503633.39 27 720271.33 506591.39 128 717679.52 504169.46 216 722546.29 504101.46 334 713578.24 503626.62 28 720239.03 506596.61 129 717759.41 504041.67 227 7225J8.J2 50407 2.86 335 713602.00 503632.99 29 72023725 506596.84 !JO 717776.06 504015.03 228 722532.35 504050.7? 336 71J602.00 5036J2.99 JO 719967.00 506628.01 131 717786.80 503997.84 129 722519.34 504079.89 137 713606.05 50363 ?.91 311 719967.71 506629.81 132 717786.80 503997.81 230 72 ?190.71 50397 ?.62 338 7)3616.74 503636.64 32 719970.77 506623.25 133 718169.01 503995.09 231 722475.09 503930.97 339 713647.89 503637.77 33 719972.07 506613.09 1134 718597.92 503995.20 232 71246728 503881.51 340 713676.08 503639.46 34 719975.88 506599.76 135 7?8855.57 503995.43 233 722472.48 503852.87 341 713712.17 503647.71 J5 719977 79 506585.80 136 71912758 503995.57 234 72 2495.91 503839.86 J42 713752.49 503641.43 36 719979.06 506571.20 137 719127.71 503995.57 215 722515.95 50JBJ7.63 J43 713775.62 503641.71 37 719979.06 506536.93 138 719440.56 503995.72 136 722519.34 503837.25 344 713778.18 503641.08 JB 779977.15 506521.70 119 719615.64 503995.81 237 721673.06 503837.25 J45 713781.01 503643.26 J9 719974.61 506495.04 140 719864.49 503995.93 2J8 72 2660.61 503835.22 346 713805.45 503640.79 40 719973.34 506469.02 141 719904.63 504110.84 1J9 72275764 5038J1.08 347 713831.36 503638.JJ 41 719970.80 506437.18 142 719948.81 5042JZ24 240 72283 503827.84 348 713865.91 503617.09 42 719970.80 506408.72 143 719949.26 504 238.54 .3.45 247 722917.63 501814.74 349 713886.86 503619.69 43 719970.17 506385.88 144 719949.26 504238.54 242 72J04527 503819.7? J50 713905.39 503621.29 44 779966.90 506371.18 145 719949.26 504238.54 143 7 23120.00 50J81706 351 713923.90 503621.05 45 719965.09 506355.41 146 719949.16 504 238.54 144 7 23284.68 501811.1? 352 ? 711948.11 SOJ6 ?1.52 46 779961.92 506339.54 147 719947.29 504264.72 245 72J423.63 50JB09.J9 J5 713972.01 503625.99 47 719953.03 506296.38 148 719948.37 504270.58 246 723482.53 503808.62 354 713995.46 503632.16 48 71995'1.21 506179.88 149 719950.39 504282.50 247 72J565.93 503802.54 J55 714077.66 503632.76 49 719949.86 506255.19 150 719955.80 504308.79 248 723582.56 503801.95 356 714039.87 503627.22 50 779948.59 506249.42 151 719960.90 50433J.OJ 149 723585.1,4 503801'.86 J57 714079.J5 503677.22 51 719947.32 506228.47 151 719961.98 504338.18 253 712954.19 50405 1. 23 358 714091.69 503644.49 52 719945.42 506206.89 153 719966.62 504359.83 254 71294789 5026 ?3.35 J59 774099.09 503665.47 5J 719945.42 506190.39 154 719967.75 504368.63 255 71415 2.79 502586.86 J60 714101.56 503692.61 54 719945.98 506178.11 155 719970.49 504389.99 256 714314.00 502528.47 361 714106.50 503715.79 55 719945.34 50616779 156 719972.04 504408.55 257 714688.81 502520.57 361 714108.96 503771.57 56 719946.63 50614779 157 719973.58 504428.65 258 714896.54 501817.71 36J 714110.20 503801.18 57 719950.87 506131.96 158 719974.41 504438.19 159 714958.93 503139.76 J64 714105.26 503854.24 58 719945.00 50601793 159 719975.13 504446.44 260 715248.16 503399.49 365 714107.26 50389J.28 59 719902.95 505907.81 160 719977.20 504457.06 261 715418.12 503432.49 366 714089.22 503924.56 60 719945.00 505784.48 161 719980.54 504474.27 762 715505.05 503787.69 367 7 503910.73 61 719966.44 505656.35 162 719982.74 504486.01 263 715532.10 501982.77 368 '1!4077.50 7 3818.90 503929 .50 62 719949.01 505576.68 16J 719985.18 504499.02 264 715632.38 504273.91 369 713674.96 50403J.00 63 719904.20 505490.79 164 719989.05 504529.18 165 775650.42 504180.01 370 7 505127.38 64 719823.18 505388.71 165 719989.82 504557.79 166 715466.94 504980.23 '172978.70 371 7 3 7 18.80 505376.97 65 719715.81 505079.48 166 719989.82 504584.85 267 715479.68 505019.00 371 7tJ118 504510.17 66 719691.35 505072.77 167 719989.82 50461733 268 71557 ?.70 505175.03 372 713241.90 5045143 6. 67 71964704 505041.85 166 719992.14 504655.12 269 71571735 505JO9.42 374 713627.38 50424J, 10 68 719396.60 504764.6J 169 719997.56 504683.06 270 715716.99 505392.53 375 713932.97 504245.04 69 7793118.01 504773.24 170 720002.10 504713.99 271 774103.96 5038763 J76 714234.99 504306.49 70 7?9206.91 504699.61 171 720005.00 504736.97 27J 714088.51 505381.27 J77 714407.96 504514.15 71 77913J. 42 504696.72 172 720006.06 504745.70 274 714061.15 505377.30 378 714415.51 504921.60 72 719037.42 504723.50 173 710008.41 504754.92 175 714074.08 505371.83 379 714334.90 505034.30 73 718975.88 504785.14 174 720017.54 504790.84 276 714064.11 505365.23 J80 714082.71 505715.23 74 718934.86 504860.42 175 720020.36 504846.78 277 714057.36 505159.05 387 714041,81 505771.28 75 718687 27 504691.29 176 720023.65 504922.06 178 714058.09 505337.04 381 714041.74 505391.70 76 7188 25.74 504891.19 777 719777.51 505048.72 279 714057.14 505313.59 383 712954.19 504051.15 77 718671.23 504868.22 178 719749.32 505065.49 281 714038.44 505272.68 384 712801.21 504055.04 78 718592.63 504856.90 179 723588.01 504714.23 281 714033.64 505208. f6 385 713585.87 503841.87 79 718J55.31 504821.05 180 71J570.18 504775.04 283 714034.84 505172.69 387 713674.86 50408100 80 718298.16 5048 ?2.52 181 72J56J.14 504717.14 285 714065.60 505101.11 188 718190.86 501911.19 at 81 718160.17 504828.70 182 72J527.96 504743.19 286 714090.62 505094.70 7180JJ.21 505J5J.86 183 713427.03 504762.77 188 714179.83 50508Z r? 83 84 717829.05 505376.26 184 723260.48 504860.42 189 714203.06 505083.85 85 717649.80 717553.94 505408.63 185 723219.22 504884.74 190 714257.86 505070.09 505436.02 186 72JIJ3.JO 504935.79 291 714186.65 505064.07 86 717469.90 505465.89 187 723088.17 504977.64 292 774300.57 505060.02 87 88 717360.99 717 505556.77 188 723023.35 505000.52 294 714367.43 505026.84 89 217.84 717099.58 505708.64 505775.86 189 722967.56 505006.97 190 7226J4.05 295 714383.24 50501121 90 716886.29 505824.67 505032.86 191 722631.97 5050JJ.02 296 714405.37 504976.38 297 714412.85 91 716456.16 505882.5) 192 722309.52 505225.23 504955.59 299 714417.56 504571.59 92 716046.45 505838.10 19J 722219.05 505195.76 93 716025.28 505737.27 194 722007.86 505726.98 94 715969.27 505607.80 195 721619.41 505003.29 95 775747.26 505391.54 196 721645.99 504906.49 96 97 714377.20 505391.85 714320.97 197 721661.22 504858.41 SEE SHEETS COORDINATE TABLE 1 -4 FOR SIGNATURE AND NOTES. 98 505754.99 714274.43 505779.31 198 727671.15 504759.8) 199 721685.19 504679.76 99 714234.96 505802. 81 ** NOT A SURVEY ** Jul 26. 1008 - 08:08:15 JCSOTTYII( : \SUR\033f ?\SSA 9 \1H- 21.dwq oom,���� '1�:.1°i�.�.r CLIENT: Wff M TITLE: SKUCH OF DESCtipf" OF PART OF SECTIONS 12 AND 13. TOWNSHIP 48 SOUTH, RANGE 28 EAST • FCC) AND SECTIONS 7 AND 18, TOWNSHIP 40 SOUTH. RANGE 29 EAST • &rP@ym • LrldlagArdici • liW714arhbl COIIli911r COLLIER COUNTY. FLORIDA �Q � = DATE: PROJECT NO.: 1(WA111PYLA1FIl��.III asAK _� - SHEET NUMBER: FILE NO.: F: m kil Fm en -Ilk I�A�IAI[AI GC i. "RISM I q ! I gg k��q F wr..t.�W, +4NY'Trn , E s E j EXHc IBIT Earn G-Lq PMC Fp U I _ soon ra,. uW. ��..�:G "4.�.•.rr...�., .. 9iw�ENWp�Wnp M� `�wr�r.. r.rwr.r�� �� N �S H` Wilsoamiller 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 89044'551, 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 01 011'28" 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 01 °11'28" 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 89 024'56" 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, TOWNSHIP 48 SOUTH, RANGE 28 EAST COLLIER COUNTY, FLORIDA (POINT NUMBER 8, NORTHING 723566.62, EASTING 502737.98); EXHIBIT 8/75 2006- 168958 V., 011- TOSBORNE crw; 07012- COC- C00 - -0 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 °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 °51'32" 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 8:15/2006 168958 V., 011- TOSBORNE C0.w3 03312 CCC -000- - 0 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 811512006- 168958 V., 011- TOSSORNE c-, 03312-000 -000 - 0 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 01003'33" 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 01027'02" 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); 8115 /2006- 188958 Vl,, 011- TOSSORNE c-,i 03312- 000 -000 - 0 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 7 THENCE NORTH 88 056'28" 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.01 048'45'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.88 056'20 "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 53 052'47" 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 81152006- 188958 V., 011- 7OSBORNE Ctiwa 03312- 000- C00 - -0 A 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 °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. 811512006- 168956 V., 01!- TOSBORNE .1 C3312.00C- 000 - -C wl Wilsonmiller® New Directions in Planning, Design & Engineering 1 DESCRIPTION OF LANDS SECTION tS TOWNSHIP 48 SOUTH, RANGE 29 LAST, COLDER 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 +1- 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 GAL/`- DATE BRADLEY E. �TOCKHAM, 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. M..40s 174-24 vor. 011 -.>=nY CAW 03x72-000.000. -0 PREPARED BY: tADLEY E. ST KHF,W, P.S.M. L.S.]6399 DATE B.0 I. O.R. BCOK PAGE 277< N89'00'09'E 1106.06' . CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING C15 74.20 69.39 '47' C16 148.47 138.56 ,C C17 292.07 M216.1077-261ir 270.34 N50`13-ItE C18 307.52 1- 305.59 1 ' C 19 270.30 248.32 N 1' 17' 1 "W a w 1 9 tr V a$ Q; T-0 —S 78 �1 E�� % / /%I.8 N89'5 t'32"£ 1993.62' B.C- O.R. BOOK 2493 PAGE 2779- 2796 13 VA I B.C.P. O.R. BOOK 2009 PAGE 29 1546 -1553 31 C D.C. O.R. q1 as 1537 £' p PAGE 749 so 90 O to c 13 B.C.P. 92 Q O.R. BOOK 1900 II 18 PAGE 179 -184 N89'32'26'E 4 W LANDS RESERVED FOR EARTH v MINING AND PROCESSING USE CONTAINS U) 7 50.08t ACRES 1p 76 0 97 0 1 382 � � l 387 1 t02 374 104 SOI'1 t'28 E 73 70 0 I150.02' — S69'44'SS'W 2576.91' NO1'27'07w [pool OQ YYELi RCbW + 15004' '� (too' R+cNr- Ix -wJ1r) 1/4 CORNE 2 'AA m ! ' EARTH MINING AND PROCESSING USES PARCEL O 500 1000 2000 4000 SECTION CDR. EARTH MINING AND PROCESSING /� SE CORNER OF USES PARCEL GENERAL NO - EgRAPHIC SCALE SECTION 13 SW CORNER OF SECTION 18 1. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED. ABBREVIATIONS: 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED O.R. . 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, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA B.C.I.. BARRON COLLIER INVESTMENTS LTD BERG SOUTH 89'44'55' WEST. BC P. . BARRON COLLIER PARTNERSHIP R.O.W RIGHT OF WAY 4. CERTIFICATE OF AUTHORIZATION /LS -43 P.O.C. . POINT OF COMMENCEMENT P.O.B. - POINT OF BEGINNING S. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF C.D.C. - COLLIER DEVELOPMENT CORPORATION RECORD. 5. THIS SKETCH MAY HAVE BEEN REDUCED. SSA 9 7. SEE ATTACHED FOR LEGAL DESCRIPTION B. POINTS ARE SEQUENTIAL AND LABELED INCREMENTALLY. LANDS RESERVED FOR AG2 GROUP USES INTERMEDIATE POINT LABELS ARE OMITTED FOR CLARITY. CONTAINING 739.32 ACRES +/— NOT A SURVEY ** 9. REFERENCE WILSONMILLER PCOOCS NUMBER t6a958 FOR DESCRIPTION 10. SEE SHEET 5 FOR COORDIATE TABLE. Jul 26. 2006 - Oa:0a:41 JCSOTTYI%; \SUR\03312\SSA 9 \1H -21A.9 Wil Mill Jr -�:�� CUENT:.�Vl7y,�a�,I..�, � , TITLE: w�K.IVItf If Of Fm of SECTIONS 12 AND 13. TOWNSHIP 46 SOUTH, RANGE 28 EAST AND SECTIONS 7 AND 10. TOWNSHIP 46 SOUTH. RANGE 29 EAST PYNws . I . [.Appyly . SYtgan . L4 xkt Att111ACM , TiAlMpmIARII CaIaft* COLLIER COUNTY. FLORIDA Abon • Fal At= • am* , 8'dlWl. Top . nmwnw , ftwm Gip a/Adl DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: a2aoNlAYptaIN;dA . fAD•MIp11tAMdAaao6iln•/WOIr xi"*� 0w.pk A"a -67R• mo4b wN.MaNrycoall 3/06 03312 -PO4- 000 -21000 3 OF 5 1FF�Z1�i 1 PREPARED BY: i HOLEY E. STOCKHAM. P.S.M. L.S -/6390 `CAFE T-48 -S 6 0 &R O.R. BOCK 2493 PAGE 2779 0 N89'3I '32'E N89'00109'E 1993.62' 1 106.06' / 24 O.R. BOOK 2493 PAGE 2779- CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING C15 74.20 58.90 7 1 69.39 '47• C16 148.47 116.10 73'16' 1 138.56 4' ,C C17 292.07 216.10 7T '1 270634 N 13* 1 C18 30762 791.10 1 1• 305.59 N 1' C 19 270.30 191.10 81' 8' 248.32 N 1' 17' 1'W 12 S8974'36'W 151.63' 17g C. P. O.R. C.D.C. O.R. D.C. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. p PAGE 749 O B.C.P. BARRON COLLIER PARTNERSHIP C N 13 II s N89'32' 26'E 169 ?.67' W -o0co Q u (n 14 N O OX ' ONN B.C.I. O.R. BC.P. O.R. BOOK A BOOK 2493 PAGE 2779 G SO11I I130.02' .- N m 1/4 CORNE ,O 0 500 1000 2000 4000 GRAPHIC SCALE GENERAL NOTES: O.R. BOOK 2545 1. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED 17g C. P. O.R. ABBREVIATIONS: O.R. OFFICIAL RECORD BOOK SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. BOOK 2009 3. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, B.C.I. . BARRON COLLIER INVESTMENTS LTD AGE ►546 B.C.P. BARRON COLLIER PARTNERSHIP BEING SOUTH 89'4411 WEST. R.O.W . RIGHT OF WAY 4. CERTIFICATE OF AUTHORIZATION OLS -43 P.O.C. POINT OF COMMENCEMENT PARCEL DESCRIBED S. SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF C.O.C. COLLIER DEVELOPMENT CORPORATION 769.40 ACRES I OVERALL a „1P �a a ' ONN B.C.I. O.R. BC.P. O.R. BOOK u BOOK 2493 PAGE 2779 2009 PAGE 1546 -1553 m d -U Cc) A n m .- N m ,O B.C.I. N O.R. BOOK 2545 PACE 596 B.C.P. p O.R. BOOK 1900 mom �' p " 1 v PACE 179 -184 n LANDS RESERVED FOR EARTH m MINING AND PROCESSING USE -E o m 377 o CONTAINS m � Cl 7 'x37 Is 50.08t ACRES 79 97 _ �O 1 P 0 � 102 - I 1V N01'27'OiWM L10O. L OIL WELL ROAD I 150.04' ROIL (100' RIGHT—OF—WAY) P & EARTH MINING AND PROCESSING USES PARCEL EARTH MINING AND PROCESSING USES PARCEL SW CORNER OF SECTION 18 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED ABBREVIATIONS: O.R. 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 89'4411 WEST. R.O.W . RIGHT OF WAY 4. CERTIFICATE OF AUTHORIZATION OLS -43 P.O.C. POINT OF COMMENCEMENT P.O.B. POUT OF BEGI MING S. SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF C.O.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 SEOUENTUL 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 - 08:06:44 JCSOTTYI%: \SUR\03312\SSA 9 \1H-21.dwq wilmittr CLIENT: � /11111 A ...�,..,�. A ; TITLE: PIM NO • 19491" 1 • IS 9vwlva • L&%*c pr Ardi/ciI • TYa111pa10m CumaWIY kIG Ak#n • FaLlws • 6rIN6 . 6Wa- I, • Tillpl • TI Am" . N'IIIIIII OU'8Md DATE: slop arryt r A LArI 2L19 • M 941E Ra4d.309$, QT • ROW 709.60," • Fu Wob Bb wW1bWwaraa 3/06 ** NOT A SURVEY ** SECTION 18, TOWNSHIP 48 SOUTH. RANGE 29 EAST COLLIER COUNTY. FLORIM 'ROJECT NO.: I SHEET NUMBER: FILE NO.: 03312 -PO4 -DOD -21000 4 OF 5 iH-210 �. l • �.: POINT POINT POINT POINT NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING t 712804.21 504055.04 t00 713763.55 506100.38 200 721697.38 504609.31 300 774473.04 50449J.69 2 712792.47 501378.16 tot 713721.48 506125.22 201 711740.11 504362.17 307 714409.24 504475.31 3 712941.46 501375.04 1`02 713673.87 506149.50 202 72176a82 504339.41 302 714404.45 504465.04 4 715479.80 501322.19 103 713673.87 505923.61 103 721771.62 504340.16 303 714370.65 504408.84 5 715493.38 503014.91 104 713388.86 50592161 204 721790.07 504343.61 305 7t4267.04 504375.95 6 718180.95 502959.36 105 713388.86 506225.18 205 727818.06 504349.15 306 7 1425 7J2 504309.09 7 718179.40 501807.73 106 773364.12 506226.78 206 727818.06 504349.15 307 714247.05 504304.30 8 713566.61 502737.98 107 713338.18 506227.68 207 711893.36 504360.09 J12 713167.57 504346.51 9 723585.87 503843.87 108 712994.51 506234.03 108 711019.89 504378.48 313 713146.15 504356.10 t0 723590.77 505837.49 709 712954.20 504053.33 209 722019.92 504378.48 314 713137.64 304373.40 11 723456.97 505803.24 110 712942.46 501375.04 110 722029.68 504378.88 315 773107.70 504421.36 12 72334J.69 505794.53 113 718230.06 504798.88 211 7 22101.73 504381.77 316 713088.01 504481.41 iJ 722818.37 505940.99 114 718118.48 504794.36 212 722176.61 504381.77 319 773712.75 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 505905.31 116 718125.04 50477J.66 214 722322.66 504349.15 323 713378.57 503922. t0 16 721395.56 506304.78 117 718125.04 504773.66 215 722385.82 504325.47 324 713314.41 503922.10 17 720754.42 506495.37 118 718715.04 504773.66 216 712426.86 504310.07 325 713279.87 50J9 15,9J 18 720744.19 506485.88 119 718048.06 504719.32 217 712524.49 504257.97 316 71J267.53 503890.02 19 720738.29 506476.77 120 717960.11 504657.25 218 721524.49 504257.97 327 713270.00 503832.03 20 710733.37 506469.00 121 717936.82 504638.02 219 722547.47 504122.18 328 713282.33 503704.95 21 720726.50 506467.21 722 717781.90 504510.25 220 722557.31 504140.75 J29 713190.97 503664.14 22 720581.62 506468.06 123 717679.52 504425.77 221 71255731 504140.75 JJO 713300.84 503644.49 23 720377 09 506558.20 124 717677.15 504390.13 222 712556.95 5041J8,04 JJ1 713320.58 503635.86 24 720365.21 50656J.26 125 717670.71 504388.19 223 721555.39 50413J.23 332 773371.16 503632.16 25 720334.55 506574.68 116 717655.26 504318.50 214 722550.58 504118.40 3J3 713536.49 503633.39 16 720303.21 506584.07 127 717655.26 504318.49 215 722550.58 504118.40 JJ4 713578.24 503626.62 17 720271.33 506591.39 128 717679.52 504169.46 226 721546.19 504102.45 335 713602.00 503632.99 28 720239.03 506596.61 129 717759.41 504041.67 227 721538.32 504072.86 336 713602.00 503632.99 29 72023725 506596.84 130 717776.06 504015.03 228 722531.35 504050.72 J37 713606.05 5036J2.94 30 719987 00 506628.01 137 717786.80 503997.84 229 722519.J4 504029.89 338 713626.74 503636.64 31 719967.7t 506629.81 132 717766.80 503997.84 230 7 22490.71 503972.62 JJ9 713647.89 5036J7.77 32 719970.17 50662125 1JJ 718189.02 503995.09 231 722475.09 503930.97 340 713676.08 503639.46 33 719972.07 506613.09 134 718392.92 503995.10 132 722467.28 503881.51 341 713712.17 503641.71 34 719975.88 506599.76 I35 718855.57 503995.43 233 722472.48 503852.87 J42 77J752.49 503641.43 35 71997779 506585.80 136 719127.58 503995.57 234 712495.91 503839.86 343 713775.62 503641.71 36 719979.06 506571.20 137 719127 71 503995.57 235 711315.96 50383763 344 713778.18 503641.08 37 719979.06 506536.93 138 719440.56 503995.72 236 72 2519.34 503837.25 345 713782.01 503643.26 3B 719977.15 506521.70 139 719615.64 503995.81 237 722613.06 50J837.25 346 713805.45 503640.79 J9 719974.61 506495.04 140 719864.49 503995.93 2J8 722650.61 503835.22 347 713831.36 503638.33 40 719973.34 506469.02 141 719904.63 504110.84 239 722757.64 503837.08 348 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 779970.80 506408.72 143 719949.26 504138.54 247 72291763 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 719968.90 506373.18 145 719949.26 504238.54 243 723120.00 503817.06 352 713946.11 5036 2J. 52 45 779965.09 506355.41 146 719949.16 504138.54 244 723284.68 503871.22 353 713972.01 503625.99 46 779961.92 506339.54 147 719947.29 504164.72 145 7234 23.63 503809.39 354 71J995.46 503631.16 47 719953.03 506296.38 148 719948.31 504270.58 246 723482.53 503808.62 J55 774017.66 503631.16 48 719951.13 505279.88 749 719950.39 504182.50 247 713565.93 503802.54 336 714039.87 503627.22 49 719949.86 506265.29 150 779955.80 504308.79 148 723582.55 503807.95 357 714079.35 503627.22 50 719948.59 506249.42 151 719960.90 504313.03 249 723585.14 503801.86 358 714091.69 503644.49 51 719947.32 506228.47 152 719951.98 304338. 18 253 712954.19 504051.23 359 714099.09 503665.47 52 719945.41 506206.89 153 719966.62 504359.83 254 71294789 502613.35 360 714101.56' 503692.61 53 719945.41 506190.39 154 719967.75 504368.53 155 714152.79 502586.86 361 714106.50 5037.35.79 54 719945.98 506178.11 155 719970.49 504389.99 156 714324.00 5025 28.47 J62 714108.96 503771.57 55 719945.34 506167.79 156 719972.04 504408.55 257 714688.6J 50 2520.57 363 714110.20 503801.18 56 719946.63 506147.79 157 719973.58 504428.65 258 714896.54 50 2817.71 364 714105.16 503854.24 57 719950.87 506131.96 158 779974.41 504438.19 259 71495893 503139.76 365 714107.26 503893.23 58 719945.00 50601793 159 719975.13 504446.44 260 715148.26 503399.49 366 714089.22 5039 24.56 59 719902.95 50590781 160 779977.20 504457.06 261 715418.12 5034J2.49 J67 714017.50 503930.73 60 719945.00 505784.48 161 719980.54 504474.27 262 715505.05 50378769 368 773828.90 503929.50 61 719966.44 505656.35 162 719982.74 504486.01 263 715531.70 503982.77 369 713674.86 504033.00 62 63 719949.01 719904.20 505576.68 16J 719985.18 504499.02 164 715632.38 504273.11 370 712978.70 50537738 505490.79 164 719989.05 5045 29.18 163 715630.41 504380.01 371 713713.83 505376.97 64 719823.28 505388.71 165 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 713241.90 504316.43 66 719691.35 50307 2.77 167 719989.82 504617.33 268 715572.70 505175.03 374 713627.38 50424J to 67 719647.04 505041.83 168 719992.14 504655.21 269 715717.35 505309.42 375 713932.97 504245.04 68 719396.80 504764.6J 169 719997.56 504683.06 270 715716.99 505392.53 376 714234.99 504306.49 69 719318.02 50471J.24 170 720002.20 50471J.99 272 714103.96 50538763 377 714407.96 504514.25 70 719208.91 504699.61 171 720005.00 504736.97 273 714088.57 505381.17 378 714415.51 5049 21.60 71 72 719I33.42 779037.42 504696.12 504723.50 172 720006.06 773 720006.41 504745.70 504754.92 274 774081.73 50537730 379 714334.90 505034.30 73 718975.88 504785.14 174 720017.54 504790.84 275 276 714074.08 714064.11 505372.83 505365.2J 380 714082.71 505115.23 74 718934.86 504860.41 175 720020.36 504846.78 277 714057.36 505359.05 381 714041.81 505171.28 75 716887.27 504691.29 176 72002J.65 504921.06 178 714058.09 5053JZ 04 382 774041.74 383 772954.19 505392.70 76 718825.74 504891.29 177 719777.51 505048.72 279 714057.14 505323.59 384 712804.21 504057.25 504055.04 77 718677.23 504868.22 178 719749.32 505065.49 281 714038.44 505172.68 385 723585.87 503843.87 78 718592.63 504856.90 179 723588.01 504714.23 282 714033.64 505208.16 J87 713674.86 50403100 79 718355.31 504821.05 180 713570.28 504715.04 283 714034.84 505122.69 388 778190.86 503931.19 80 718298.16 504812.52 181 72J563.24 504717.14 285 714065.60 505102.11 81 718160.17 504828.70 182 723527.96 504743.19 286 714090.62 505094.70 82 71603J.21 50535J.86 783 77J427.OJ 504762.77 288 714179.83 50508711 83 717829.05 50537626 184 723260.48 504860.42 289 714203.06 50508J.85 84 717649.80 505408.63 185 723219.22 504884.74 290 714251.86 505070.09 85 717553.94 505435.02 186 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 72J023.35 505000.52 294 714367.43 505026.84 88 777217.84 505708.64 789 722967.56 505006.97 295 7143BJ.24 50501J.21 89 717099.58 505775.86 190 7226J4.05 5050J2.86 296 714405.37 504976.38 90 716886.29 505824.67 191 722631.97 50503J.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 19J 722219.05 505195.76 93 716025.28 505737.27 194 722007.86 505126.98 94 715969.27 50560780 195 721629.41 505003.29 95 96 715741.26 714317.20 505392.54 505J91.85 196 721645.99 197 721661.22 504906.49 504818.41 SEE SHEETS 1 COORDINATE TABLE -4 FOR SIGNATURE AND NOTES. 97 714320.97 505754.99 198 721671.35 504759.8) 98 714274.4J 505779.J1 199 721685.19 504679.76 99 714234.96 505802.82 ** NOT A SURVEY x# Jul 28. 7808 - 08:08:75 JCSOTTYI %: \SUIt\07317\SSA 9 \IH- 77.dwq :$"✓ m CLIENT: TITLE: SWICH OF DMMPTM OF PAff Of SECTIONS 12 AND 13. TOWNSHIP 48 SOUTH. RANGE 28 EAST AND SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST Alm • Si9i" a . Erlduylk • angw4 • lrlyr+I AreAbc6 . TYarapahlpa CavAlft i COLUER COUNTY, FLORIDA Akpb • Fbo*m • llaoeY m". TtaWwa -ti-- CrI ech GATE: PROJECT NO.: I SHEET NUMBER: I RIE Nn 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 01 027'02" 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); THENCE NORTH 88 056'28" 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.01 048'45 "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.11 030'04 "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 77026'16'; 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 54 025'34" EAST FOR 138.56 FEET (POINT NUMBER 379, NORTHING 714334.90, EASTING 505034.30); THENCE S.17 047'28 "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 72 010'38 "; 811512006-174324 Ver 011 JCSOTTV ,-3 03712 - 00&000 -- 0 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 53 052'47" 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 88 056'28" 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. 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 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. 8/152006- 174324 ver: Oil- JCSOTTY Cal 03312 - 009 -000- - 0 170 1-411 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 BRADLEY E. STOCKHAM, P.S.M. DATE 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!1512008- 174724 V., 011- JCSOTTY c C3312- 009-OCO -,0 Wilsonmillero New Directions in Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 4E SOUTH. RANGE 29 EAST AND SECTIONS 7 AND 1e TOWNSHIP 4e SOUTH. RANGE 29 EAST, COLLIER COMM. FLORIDA SHEET 7 OF 7 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 "/ (.JCLoL DATE � - "G BRADLEY V. STOCKHAM, P.S.M. PSM.#6390 WILSONMI.LLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A PROFESSIONAL SURVEYOR AND MAPPER. REFERENCE'd1i'ILSONMILLER DRAWING NUMBER 1H- 21.S3. .20M leeaa vr. oa- TOSSONO ciao OU12-000400-0 . -2 1 i 1 t t' } h d¢ y p SSA 9 WiIsq ?Miller 4/ f yIIItSIl t K!'Sl OR 11 I(1 vRf� 7 p ! ""� IV I 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- 176266 Ve, 011- BSTOCKHA EXHIBIT rsw3 f' 03312- OOC- 000- -0 1 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 9/8!2006- 176865 Vel 01!- 9STOCKHA c, 3 03312000 -000- - 0 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 QW006- 176866 Ver Ott- BSTOCKHA Caa 3 03712 - 000 - 000 — 0 179. 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 9!8/2006- 176866 V- O7!- BSTOCKHA c-3 03312 -00G -004- -0 ��ffiill 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, FASTING 505065.49 THENCE SOUTH 30 °44'52" 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 81812C06- 176866 V., 011- BSTOCKHA C-1 03312 -000 -000 -- 0 17 p 4"" 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.00 001'54 "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.17 047'28 "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 54 025'34" WEST FOR 138.56 FEET (TO POINT NUMBER 378, NORTHING 714415.51, EASTING 504921.60); THENCE S.88e56'20 "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 50 013'12" WEST FOR 270.34 FEET (TO POINT NUMBER 376, NORTHING 714234.99, EASTING 504306.49); THENCE S.11 030'04 "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 00 021'53" WEST FOR 305.59 FEET (TO POINT NUMBER 374, NORTHING 713627.38, EASTING 504243.10); THENCE S.10 046'18 "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; 91V2006- 176866 Ver. OIL BSTOCNHA C-3 03312 -OCC 000 - -C 17p 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 01 027'02" 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 °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 713314.4 1. 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 9M2006- 176866 Ver. 01!- 13STOCKHA C-3 C3312 CCO -000 - � 0 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 9/8!2006- 176866 Ve 01!- BSTOCKHA C-3 03312 -000 -000-- 0 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 89 044'55" 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 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. 91812006- 176866 Va, 011- BSTOCKHA CH3 03312000 -000 - 0 17n P-' wilsonmillero New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AN018 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 10 OF 10 BY, tw� (// DATE 4 r 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 S2. :.—d -170=7 Vcr. 011- GSTCCIG -M X.q X312.000 -000 - -0 LINE TABLE LINE T -4S-S 6 BEARING PREPARED BY: CB. C. I PPA IL 493 N012702 "W BOCK PARCEL L F ,r /J + / PAGE 27,9 NW CORNER O `I , L' C1�•e,��. 1 . c?[ti �; SECTION 7 104.77 `_ BRADLEY E. ST KHAM, P.S.M. L.S.N6390 GATE POINT NUMBER 9 � � 7 1 '1 138,56 4' ' 017 292.07 "W 58951'32'W 2493 PAG- 2779- 7T 't 270.31 i? 07� 870.J6 - 385 27,6 018 307.52 4 179 i 1' J05.59 245 ARCEL C 19 270.30 ONTAINS 1' 248.32 8 42.20± i •- ACRES 234 t O. R. 92 .C.P. BCOK 2009 212 A,,E 7 ta5 / 102 PARCEL DESCRIBED • 789.40 ACRES 3 OVERALL i nq 01 B.C.I. C.R. 6NN 3.C.P. C.R. BOOK X W BOOK 2493 53044'SZ"E 20C9 PAGE V PAGE 2779 ?7.36' 154'^ -1553 ., m� 754 1 61 14 iPARCE "8" 12 J 5 CO NS Aa► is TD 42.45± RES P "D.B P'�v PARCEL "O PARCEL '� SW CORNER OF 42.451 ACRES SECTION 7 78 t I NO1'33'17"W T C � 2117 8J.34 czh1 mm_ 2 127 23 C.C.C. O.R. p O 1 537 �n B_CJ_ O PAGE 749 ti C.R. BCOK 2545 O PAGE 596 N G pEICOK II 0.R 1900 18 PAGF 179 -184 28 65 269 1 PARCEL 'C' � til 259 CONTAINS U m A 119.91± ACRES (TOTAL) 1n PA& LESS 5.5 ACRE LAKE PARCEL 5.551 ACRE N m 7 v o LAKE PARCEL o 0 7780 POINT NUMBER 322 N n X38 382 7 1 W 387 374 I73 70 I __ PARCEL Cr 109 POINT NUMBER 253 N.01'27'02"W. OIL WELL 8040 1 100' (100' RIGHT -OF -WAY) QQ150.04' PARR-AC' SW CORNER OF GENERAL NOTES: SECTION 18 1. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS ABBREVIATIONS: OTHERWISE NOTED. OA, - 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 SOUTH ON THE SOUTH LINE Of SECTION 13, B.C.P. - COLLIER PARTNERSHIP RIGHT O TOWNSHIP 48 SOUTH, RANGE 29 FAST, 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 S. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS Of C.D.C. COLLIER DEVELOPMENT CORPORATION 0 500 1000 2000 4000 RECORD. GRAPHIC SCALE S. THIS SKETCH MAY HAVE BEEN REDUCED. 7. SEE ATTACHED FOR LEGAL DESCRIPTION RESTORATION PARCEL "A" CONTAINING 42.20 ACRES +/- 8. POINTS ARE SEQUENTIAL AND LABELED INCREMENTALLY. RESTORATION PARCEL "B" CONTAINING 42.45 ACRES +/- INTERMEDIATE POINT LABELS ARE OMITTED FOR CLARITY. RESTORATION PARCEL "C" CONTAINING 119.91 NET. ACRES +/- 9. 10. REFERENCE WILSONMILLER PCDOCS NUMBER 168962 FOR DESCRIPTION ** NOT A SURVEY SEE SHEET 5 FOR COORDINATE TABLE. Jul 26, 2006 - 08.08:37 JC5CTTYIx. \5UR \03312 \SSA 9 \1N- 21.d.9 - `ai�r�%ii.°�.r CLIENT Oou�i�� W TITLE: 91<M OF O®IMIll ON OR PAR OF sECT*N 12. TOWNSHIP 48 SOUTH. RANGE 28 EAST AND SECTIONS 7 AND 15. TOWNSHIP 48 SOUTH, RANGE 29 EAST FM . >• . EoallpYb • &nWm • Lrlba*vAmhl4da • Tianpartmkn CaYnNanb COLLIER COUNTY. FLORIDA ' DATE: PROJECT NO.: SHLET NUMBER: FILE NO.: 2W SOB BMq' Lan% 9Af Mbq FFbbai 3404W -Phm AII- 80.00- 2*60 -VO �weia -p cm 3/06 03372 -PO4 -000 -21000 2 OF 5 lii -alas LINE TABLE LINE LENGTH BEARING L101 720.89 N012702 "W L102 104.77 588'32'S8"w CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING 015 74.20 58.90 7 1 'J 69.39 '47" 016 148.47 716.10 7 1 '1 138,56 4' ' 017 292.07 216.10 7T 't 270.31 t '1 ' 018 307.52 791.10 i 1' J05.59 1' C 19 270.30 191.10 1' 248.32 1' 17' 1' POINT POINT POINT NUMBER NORTHING EASTING NUMBER NORTHiNG EASTING NUMBER NORTHING FASTING 1 772804.21 504055.04 100 713763.55 506100.38 200 721697.J8 504609.31 2 772792.47 501378.16 101 713721.48 506125.22 201 721740.11 504,62.17 3 712942.46 501375.04 102 713673,87 506149.50 202 721768.82 504339.41 4 715479.80 501322.29 103 713673.87 505923.61 203 721772.62 504340.16 5 715493.38 503014.91 104 713388.86 505923.61 204 721790.07 50434J.61 6 718180.95 502959.36 105 7fJ388.86 506225.18 205 727878.06 504349.15 7 718179.40 502807.73 106 71J364.22 506226.78 206 721818.06 504J49.15 8 723566.61 502737.98 107 713338.18 50622768 207 721893. J6 504360.09 9 723585.87 503843.87 108 712994,51 506234.OJ 208 722019.89 504378.48 f0 723590.77 505837.49 109 712954.20 50405133 209 722019.92 504378.48 11 723456.97 505803.24 170 712942.46 501375.04 210 722029.68 504378.88 12 723343.69 505794.53 113 718230.06 504798.88 211 722101.13 504381.77 13 722818.37 505940.99 114 718218.48 504794.36 212 722176.61 504381.77 14 722805.79 505900.91 115 718166.80 504783.17 213 722267.00 504361,58 15 722790.98 505905.32 116 718725.04 504773.66 214 722J22.66 504349.15 16 721395.56 506304.78 117 718725.04 504773.66 215 722385.82 504325.47 17 720754.42 506495.37 718 718125.04 504773.66 216 722426.86 504310.07 18 720744.19 506485.88 119 718048.06 504719.32 217 722524.49 504257.97 79 720738.29 506476.77 120 717960.12 504657.25 218 722524.49 504257.97 20 720733.37 506469.00 127 7179J6.82 504638.02 279 722547.47 504222.18 21 720726.50 506467.21 122 717781.90 504510.25 220 72255731 504140.75 12 720581.62 506468.06 123 717679.52 504425.77 221 721557.31 504140.75 23 72037709 506558.20 124 777671.15 504390.15 222 722556.95 504138.04 24 720365.21 506563.26 125 717670.71 504388.19 223 72255539 504133.23 25 720334.55 506574.68 126 71765526 504318.50 224 722550.58 504118.40 26 720303.21 506584.07 727 717655.26 504318.49 225 722550.58 504118.40 27 720271.33 506591.39 128 717679.52 504169.46 226 722546.29 504102.46 28 720239.OJ 506596.61 129 717759.41 504041.67 227 7225J8.32 504072,86 29 7202J725 506596.84 130 717776.06 504015.03 228 722532.J5 504050.72 30 719987.00 506628.01 131 717786.80 503997.84 229 722519.J4 504029.89 31 719967.71 506629.81 132 717766.80 503997.84 230 722490.71 503972.62 32 719970,17 50662125 133 718189.02 503995.09 231 722475.09 503930.97 3J 719972.07 506613.09 134 718392.92 503995.20 232 72246728 503881.51 34 719975.88 506599.76 135 718855.57 503995.43 233 722472.48 503852.87 35 71997779 506585.80 1J6 719727.58 50399557 234 722495.91 503839.86 J6 719979.05 506571.20 137 719127.71 503995.57 235 722515.96 50383763 37 719979.06 506536.93 1J8 719440.56 503995.72 2J6 722519.34 50383725 38 719977.15 506521.70 139 719615.64 503995.81 237 722611.06 503837.25 J9 719974.61 506495.04 140 719864.49 503995.93 2J8 722660.61 503835.22 40 719973.34 506469.02 141 719904.63 504110.84 239 72275764 503831.08 41 779970.80 506437.28 142 719948.81 5042J7.24 240 722833.45 503827.84 42 719970.80 506408.72 143 719949.26 504238.54 241 722917.63 503824.24 43 719970.17 506385.88 144 719949.26 504238.54 242 723045.27 503879.71 44 719968.90 50637J.18 145 719949.26 504238.54 243 723120.00 503817.06 45 779965.09 506355.41 146 719949.26 504238.54 244 723284.68 507811.22 46 719967.92 506339.54 147 719947.29 504264.72 245 72J423.63 50J809.39 47 719953.03 506296.38 148 719948.31 504270.58 246 723482.53 503808.62 48 719951.13 506279.88 149 719950.39 504282.50 247 723565.93 503802.54 49 719949.86 506265.29 150 719955.80 504308.79 248 72J582.56 503801.95 50 719948.59 506249.42 151 719950.90 5043JJ.03 249 72J585.14 503801.86 51 719947.J2 506228.47 152 719961.98 504338.18 253 712954.19 504051.23 52 719945.42 506206.89 153 719966.62 504359.83 254 71294789 50261J.35 53 719945.42 506190.39 154 719967.75 504368.63 255 714152.79 502586.86 54 719945.98 506178.11 155 719970.49 504389.99 256 714324.00 502528.47 55 719945.34 506167.79 156 719972.04 504408.55 257 714668.63 502520.57 56 719946.63 506147.79 157 719973.58 504428.65 258 714896.54 50281771 57 719950.87 506131.96 158 719974.41 504438.19 259 714958.93 503139.76 58 719945.00 50601793 159 719975.13 504446.44 260 715248.26 503399.49 59 719902.95 505907.81 760 719977.20 504457.06 261 715418.12 503432.49 60 719945.00 505784.48 761 719980.54 504474.27 262 715505.05 503787.69 61 719966.44 505656.35 162 719982.74 504486.01 26J 715532.10 503982.77 62 719949.01 505576.68 t63 719985.18 504499.02 264 715632.38 50427,3.11 63 719904.20 505490.79 f64 719989.05 504529.18 265 715650.42 504380.01 64 719823.28 505388.71 165 719989.82 504557,79 266 715466.94 504980.23 65 719725.81 505079.48 166 719989.82 504584.85 267 715479,68 505039.00 66 719691.35 505072.71 167 719989.82 504617.33 268 715572.70 505175.03 ' 67 719647.04 505041.85 168 7f 9992.14 504655.22 269 715717.35 505309.42 68 719396.60 504764.63 169 719997.56 504683.06 270 715716.99 505392.53 69 779318.02 50477J.24 170 720002.20 504717.99 272 714103.96 505387.63 70 719208.91 504699.61 171 720005.00 504736.97 273 714088.51 505381.27 71 719113.42 504696.12 172 720006.06 504745.70 274 714081.15 505377.30 72 719OJ742 504723.50 173 720008.41 504754.92 275 714074,08 505372.83 73 718975.88 504785.14 174 720017.54 504790.84 276 774064.11 505365.23 74 718934.86 504860.42 175 720020.36 504846.78 277 71405736 505359.05 75 718887.27 504891.29 176 720023.65 504922.06 278 714058.09 505337.04 76 718825.74 504897.29 177 719777.51 505048.72 279 714057.14 505323.59 77 718677.23 504868.22 178 719749.32 505065.49 281 714038.44 505272.68 78 718592.6) 504856.90 179 723588.01 504714.23 282 714033.64 505208.16 79 718355.31 504821.05 780 72J570.28 504715.04 283 714034,84 505122.69 80 716298.16 504812.52 181 72J563.24 504717.14 285 714065.60 5 05 102. 11 81 718260.17 504828.70 182 723527.96 504743.19 286 714090.62 505094.70 82 778033.21 50535J.86 183 72J427.03 504762.77 288 714179.83 505087. 1I 83 717829.05 505376.26 184 723260.48 504860.42 289 71420106 505083.85 84 717649.80 505408.63 185 723219.22 504884.74 290 714251.86 505070.09 85 717553.94 5054.16. 02 186 723133.30 504935.39 191 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 72302J.35 505000.52 294 714367.43 505026.84 88 717217.84 505708.64 189 722967.56 505006.97 295 714383.24 505013.27 89 717099.58 505775.86 190 722634.05 505032.86 196 714405.37 504976.38 90 716886.29 505824.67 191 7226J7.97 5050JJ.02 297 714472.85 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 716025.28 50573727 194 722007.86 50512698 94 715969.27 505607.80 195 721629.41 505003.29 95 715741.26 505192.54 196 721645.99 504906.49 96 714317.20 505191.85 197 721661.22 504818.41 COORDINATE TABLE 97 714320.97 505754.99 198 721671.35 504759.8) 98 714274.4) 505779.J1 199 721685.19 504679.76 99 774234.96 505802.82 POINT NUMBER NORTHING EASTING 300 714413.04 504493,69 301 714409.24 504475.31 302 714404.45 504465.04 303 7/4370.65 504408.84 J05 714267.04 504315.95 J06 714257.32 504309.09 J07 714247.05 504304.30 312 713161.51 504346.51 313 713t46. t5 504356.70 314 713131.64 504373.40 375 713107.70 504421.36 316 713088.01 504481.41 319 713112.75 505386.07 J22 713672.21 503928.26 323 71J378.57 503922.70 324 713314.41 503922.10 J25 773279.87 5039t5.93 326 713267.53 503890.02 327 713270.00 5038J2.03 328 713282.33 503704.95 329 713290.97 503664.24 330 713300.84 503644.49 331 713320.58 503635.86 332 713371.16 507672.16 JJJ 713536.49 503633.39 334 713578.24 503626.62 335 713602.00 503632.99 336 713602.00 50J632.99 337 717606.05 503632.94 338 713626.74 503636.64 339 713647.89 503637.77 J40 713676.08 503639.46 341 713 712. 17 503641.71 342 713752.49 503641.43 343 713775.62 503641.71 344 713778.18 503641.08 345 713782.01 50364J.26 346 713805.45 503640.79 347 713837.36 503638.33 348 713865.91 503637.09 349 713886.88 503629.69 350 713905.39 503622.29 351 713923.90 503621.05 352 713946.11 503623.52 353 713972.01 503625.99 354 773995.46 503632.16 355 774017.66 503632.16 356 714039.87 503627.22 J57 714079.35 503627 22 J58 714091.69 503644.49 J59 714099.09 503665.47 360 714101.56 503692.61 361 714106.50 503735.79 362 714108.96 503777,57 J63 714110.20 507801.18 364 714705.26 503854.24 365 714107.26 50389J,2J 366 714089.22 503924.56 367 714017.50 5039JO.73 368 713828.90 503929.50 369 713674.86 504033.00 370 772978.70 505J77.J$ J71 713113.83 505376.97 J72 713086.61 504510.21 373 713241.90 504316.43 374 713627.38 50424J.10 375 713932.97 504245.04 376 714234.99 504306.49 J77 714407.96 504514,25 378 714415.51 504921.60 379 714334.90 505034.30 380 714082.71 505115.21 J81 714041.81 505177.28 382 714041.74 505392.70 383 712954.19 50405f.25 384 712804.21 504055.04 385 723585.87 50J84J.87 387 713674.86 504033.00 J88 778190.86 503931.19 $' SEE SHEETS 1 -4 FOR SIGNATURE AND NOTES. ** NOT A SURVEY ** Jul 26, 2006 - 08:08.25 JCSOTMX, \SUR\03312 \SSA 9 \IH- 21.dw9 �'�!�:r'i CLIENT: mW �L� � a a emm � PAR►! W TITLE: SK� or OF PMT OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH. RANGE 26 EAST AND SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH. RANGE 29 EAST As- F9 . 1y9imm 9 . Eavhvf* - rvww - L4rlI CCLUER COUNTY, FLORIDA Ah fm • Rd 169x9 • hnwb ,• m top mm"m - III lrr dpsuch GATE PROJECT NO. SHFFT NIINRFR- 8180B�MLrr va df cMwi 17n ti EXHIBIT G RESTORATION PROGRAM 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, and C 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 EXHIBIT 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. 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; 17' 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. I. 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 - ver. iLa C't. 1 17p 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. The estimated annual costs of the land management measures for Restoration Areas A, B, and C are $15,000. 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. P. 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. q. In the event the Grantor fails to annually provide the Surety and fails to maintain the Restoration Areas pursuant to the land management 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. EAML�� 17p y EDWARD K. CHEFFY BOARD CERTIFIED CIVIL TRIAL ATTORNEY BOARD CEFMFIED BUSINESS LITIGATION ATTORNEY JOHN M. PASSIDOMO BOARD CERTIFIED REAL ESTATE ATTORNEY GEORGE A. WILSON BOARD CERTIFIED WILLS, TRUSTS 8 ESTATES ATTORNEY F. EDWARD JOHNSON BOARD CERTIFIED WILLS. TRUSTS 8 ESTATES ATTORNEY JOHN D. KEHOE BOARD CERTIFIED CIVIL TRIAL ATTORNEY LOUIS D. D'AGOSTINO BOARD CERTIFIED APPELLATE PRACTICE ATTORNEY JEFF M. NOVATT DAVID A. ZULIAN KEVIN A. DENTI CHEFFY PASSIDOMO WILSON & JOHNSON ATTORNEYS AT LAW, LLP 821 FIFTH AVENUE SOUTH, SUITE 201 NAPLES, FLORIDA 34102 TELEPHONE: (239) 261 -9300 FAX: (239) 261 -9782 E -MAIL: CPWJ®napleslaw.com Thomas Greenwood, Senior Planner Comprehensive Planning Department Collier County Government 2800 North Horseshoe Drive Naples, FL 34104 Re Dear Mr. Greenwood: March 21, 2007 Ave Maria Documents BCI /BCP SSA 9 JEFFREY S. HOFFMAN BOARD CERTIFIED WILLS. TRUSTS 8 ESTATES ATTORNEY LOUIS W. CHEFFY BOARD CERTIFIED REAL ESTATE ATTORNEY LISA H. BARNETT BOARD CERTIFIED REAL ESTATE ATTORNEY CLAY C. BROOKER ANDREW H. REISS WILLIAM J. DEMPSEY BOARD CERTIFIED REAL ESTATE ATTORNEY STANLEY A. GUNNER, JR. MICHAEL S. GROSS ERIC T. COFFMAN JASON O. LOWE OF COUNSEL: GEORGE L. VARNADOE Enclosed please find copies of the following documents that have been recorded in the County records (where applicable). BCI /BCP SSA 9: 1. Resolution 2007 -36 with Exhibits 2. Stewardship Sending Area Memorandum (OR: 4197 PG: 1377) Containing: Exhibit A - Legal Description Exhibit B - Credit Agreement Exhibit C - Easement Agreement 3. Stewardship Easement Agreement (OR: 4197 PG: 1703) Please telephone me should you have any questions. GLV /mlb Enclosures Sincerely, GeAe rnadoe, Esq. cc: Katherine Sproul (with enclosures) d Collier County Clerk of Courts (with enclosures)V Collier County Appraiser (with enclosures) F. \wpdocs \LIT \GLV\New Town Development\Ave Maria \Corres.07 \Greenwood letter end doc 3- 07.wpd �Y e� I -- . •o . cl RESOLUTION 2007- 36 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 BCI /BCP 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. 1 '7 r 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 _0*� day of elor 2007, after a Motion, seconded, and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST-DWIGHT E. BROCK .`_ By: At 4210 f1 ��; eputy Clerk Com ' sioner Jim Coletta, Chairman signature Approved as to form and legal s 'ciency: By: ViWsalnt ht County Attorney Jdare o, F LURIUH :ounty of COLLIER I HEREBY CERTIFY THAT this is a true and correi c�: c ,i �`an file in COW-or CtdUt1 1j�IT�f �, , ' - !al this DWIGHT E. U' +v ;, Cf , F COURTS �''`— D.C. EXHIBIT 17P9 � 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 89 032'26" 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 89 024'56" 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); 726I 165933 Ver: ml. JCWO 03312-SW"O N RK -28)93 �d DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 4 SOH 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/ 3 `O 165933 Ve 011- JCSOTW 0334 -SW d0. MRK -26783 t.J 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 71MMw M933 vn 01!- 3cSOTTY 93312 -SFO WMK -29783 u !✓ DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP" SOUTH. RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 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 w165933 V- o1! -JCSOm 0331b5 "4 VMK -28783 TV c 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 88 056'28" 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 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: 72 010 1.Ms Ve,.11 -1.., 033125 N4 VARK -38783 �l�ll�i / /er° L; 0 NowDlrecOons In Amarnp, Design & Engi m mir DEsms,noNoF1ANDS LYING VaRHMSEM NS 12AND 13 TOYVt614PA8SWRL RANGE28EAST AND SECTIONS 7AND 18 TOWNSMPe8 SOUIX RANGE 29 EASE. SHEET60FO THE LINES DEPICTED HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83, GRSBO, US SURVEY FEET. BY 1 4--e(4 I G" I ° r'6 DATE Q(- 8 -Q d BRADLEY E. STOCKHAM, P.S.M. PSM.1/6390 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. moe -,ecob vc oN -xsm.v amizaNaro-h,Ywc -alms 12 m 7 B.0 P. O.R. BOOK 2009 PAGE 1546 -1553 NOTES: SECTION 13 1. ALL DINEN9ONS ARE IN FEET AND DECIYAS TNEREDF, UNLESS ABBREyl4TON5: T -18-5 6 PREPARED BY: 2. NOT VALID WITHOUT THE SO WRE AND THE ORIGINAL RAISED B.C.I. D.R. BOOK 493 SEAL OF A FLORIDA LICENSED SURVEIDR AND YAPPER. B.C.L BARRON COLLIER W14MMENTS LTD 3. t" 4, BRADLEY E. STO NAM, P.S.M. L.S./6390 DATE NYM • FMNOYP • $rWl •lYp • IYWFYY • IYgNCR'BY1A PACE 2779 N8rom E R.O.W RIGHT OF WAY I K BRIG $DUN 89Va'93' WEST. P.O.C. POW OF COINYENCEEIEM a. N6ff517YE 1993.62' P-0.8. POW OF MONNNG 03312 -PO4- 000 -21000 1 OF 5 1 106.06' 5. SUBJECT TO EISEAEMS. RESTRICTIONS AND RESERVATIONS OF B.C.I. O.R. BOOK RECORD. 6. IRIS SKETCH ANY HAVE BEEN REDWED. PACE 749 7. BEE ATTACHED FECAL 2493 PACE 2779- / B. DLE D LABELED POINTS ARE SEO POINT LA AS 1 E OMIT ED FOR C A IT NFERIEN YTE LABBB ARE OMITTED FOR CLARITY. 7$9.40 ACRES +/- 6 LSNT REFERENCE M KDOCS NUYBEA 185933 FOR DESCRIPTION 9 2]96 12 m 7 B.0 P. O.R. BOOK 2009 PAGE 1546 -1553 S8944.55'W - 2576.91', 1/t GENERA NOTES: SECTION 13 1. ALL DINEN9ONS ARE IN FEET AND DECIYAS TNEREDF, UNLESS ABBREyl4TON5: OTHERWISE NOTED. O.R. - OFTK:YL RECORD BOOK 2. NOT VALID WITHOUT THE SO WRE AND THE ORIGINAL RAISED C.E. - COLLIER ENTERPRISES, LTD HRF1W1. GAyNeF . EFa6pIb • 9FAgan • W1aNIPr.4NKN6 • T1Y1YWbbrCarAYb SEAL OF A FLORIDA LICENSED SURVEIDR AND YAPPER. B.C.L BARRON COLLIER W14MMENTS LTD 3. SEMNGS ARE BASED ON THE SOBTH LNE OF SECTOH 13, B.C.P. BARRON COLLIER PARTNERSHIP NYM • FMNOYP • $rWl •lYp • IYWFYY • IYgNCR'BY1A TOWNSHIP b SO1RN, RANGE M FAST, COWER COUNTY, FLORIDA R.O.W RIGHT OF WAY PROJECT NO.: BRIG $DUN 89Va'93' WEST. P.O.C. POW OF COINYENCEEIEM a. CERTIFICATE OF AURORWMN I9-47 P-0.8. POW OF MONNNG 03312 -PO4- 000 -21000 1 OF 5 C.O.C. COWER DEVELOPAEM CORPORATION 5. SUBJECT TO EISEAEMS. RESTRICTIONS AND RESERVATIONS OF PAP, RECORD. 6. IRIS SKETCH ANY HAVE BEEN REDWED. PACE 749 7. BEE ATTACHED FECAL PARCEL DESCRIBED SSA# 9 B. DLE D LABELED POINTS ARE SEO POINT LA AS 1 E OMIT ED FOR C A IT NFERIEN YTE LABBB ARE OMITTED FOR CLARITY. 7$9.40 ACRES +/- 9. LSNT REFERENCE M KDOCS NUYBEA 185933 FOR DESCRIPTION 10. FOR! SEE SHFFf 5 FOR COORDINATE TAtY.E Jul 2e. 2ao6 - 09:0e:29 JcsoTTTN: \ 03312\sBA OA� BOOK 1901 118 PAGE 179-184 Li S8944.55'W - 2576.91', 1/t GENERA NOTES: SECTION 13 1. ALL DINEN9ONS ARE IN FEET AND DECIYAS TNEREDF, UNLESS ABBREyl4TON5: OTHERWISE NOTED. O.R. - OFTK:YL RECORD BOOK 2. NOT VALID WITHOUT THE SO WRE AND THE ORIGINAL RAISED C.E. - COLLIER ENTERPRISES, LTD HRF1W1. GAyNeF . EFa6pIb • 9FAgan • W1aNIPr.4NKN6 • T1Y1YWbbrCarAYb SEAL OF A FLORIDA LICENSED SURVEIDR AND YAPPER. B.C.L BARRON COLLIER W14MMENTS LTD 3. SEMNGS ARE BASED ON THE SOBTH LNE OF SECTOH 13, B.C.P. BARRON COLLIER PARTNERSHIP NYM • FMNOYP • $rWl •lYp • IYWFYY • IYgNCR'BY1A TOWNSHIP b SO1RN, RANGE M FAST, COWER COUNTY, FLORIDA R.O.W RIGHT OF WAY PROJECT NO.: BRIG $DUN 89Va'93' WEST. P.O.C. POW OF COINYENCEEIEM a. CERTIFICATE OF AURORWMN I9-47 P-0.8. POW OF MONNNG 03312 -PO4- 000 -21000 1 OF 5 C.O.C. COWER DEVELOPAEM CORPORATION 5. SUBJECT TO EISEAEMS. RESTRICTIONS AND RESERVATIONS OF RECORD. 6. IRIS SKETCH ANY HAVE BEEN REDWED. 7. BEE ATTACHED FECAL PARCEL DESCRIBED SSA# 9 B. DLE D LABELED POINTS ARE SEO POINT LA AS 1 E OMIT ED FOR C A IT NFERIEN YTE LABBB ARE OMITTED FOR CLARITY. 7$9.40 ACRES +/- 9. LSNT REFERENCE M KDOCS NUYBEA 185933 FOR DESCRIPTION 10. FOR! SEE SHFFf 5 FOR COORDINATE TAtY.E Jul 2e. 2ao6 - 09:0e:29 JcsoTTTN: \ 03312\sBA WELL ROAD I' RIGHT -OF -WAY) 0 500 1000 2000 aDOO GRAPHIC SCALE ** NOT A SURVEY ** m rY""�_af°j.V°°.Z� CLIEM: � MM �i i � Ua OW tails iNEW TGLE M a 6ECNOHS 13 AND I9. TDNN91p a6 SOUTH. ANISE ?s FAST AXD SECTIONS T MD 1S, iONSIAP 46 90111X. P/NGE 29 FAST HRF1W1. GAyNeF . EFa6pIb • 9FAgan • W1aNIPr.4NKN6 • T1Y1YWbbrCarAYb COLLECT COUNTY, FLORIDA NYM • FMNOYP • $rWl •lYp • IYWFYY • IYgNCR'BY1A DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: >n1FBYryNaY BAr6RI•NTWA76t19YSffi7•IAVN APIpAA.pT •N1*b wsF*oYibaoN 3/06 03312 -PO4- 000 -21000 1 OF 5 ix -tiQ� POINT POINT POINT POINT NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING 1 71280421 504055.04 100 713763.55 506100.36 200 72169238 504609.31 300 714413.04 504493.69 2 712792.47 501378.16 101 713721.48 506125.22 201 121740.11 504362.17 301 714409.24 504475.31 3 712942.46 501575.04 102 71767387 506149.50 202 721768.82 504339.41 302 714404.45 504465.04 4 715479.80 501322.29 103 71367387 505923.61 203 711772.62 504340.16 303 714370.65 50440&84 5 71549.138 503014.91 704 713768.86 50592361 104 721790.07 50434].61 305 714257.04 504315.95 6 718180.95 501959.36 105 713368.86 506225.18 205 72181 &06 504349.15 306 77425231 504309.09 7 718179.40 50280273 105 71JJ ".22 506226.78 106 72181806 504349.15 307 7142420.9 504304.30 8 72356 &61 502737.98 107 713339.18 506227.68 207 72189376 501360.09 312 715167.51 504346.51 9 723585.87 503843.87 106 712994.51 $06234.03 208 722019.89 504378.48 513 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 72.3456.97 505803.24 110 712942.46 501375.04 210 722029.69 504378.88 315 773107.70 504421.J6 12 723343.69 505794.57 IIJ 718230.06 504798.88 217 721101.IJ 504361.77 J16 713086.01 504481.41 13 722818.37 505940.99 114 718118.48 504794.36 212 722176.61 504761.77 319 713112.75 5052186.07 14 722805.79 505900.91 115 718166.80 504783.17 213 722267.00 504361.58 322 713672.21 50]928.26 15 722790.98 50590532 116 718125.04 504773.66 214 722322.66 504349.15 323 717378.57 503922. I0 16 721395.56 506304.78 117 718125.04 504773.66 215 722385.82 504325.47 324 713JI4.41 503922.10 17 720754.42 506495.37 118 718125.04 504773.66 216 722426.86 504J10.07 325 717279.87 503915.93 18 7207".19 506485.88 119 71804&06 504719.32 217 722524.49 504257.97 326 713267.53 503890.02 19 720778.29 506476.77 110 717960.12 504657.25 218 722524.49 504257.97 327 713270.00 503832.03 10 7207JI37 506469.00 121 7179.78.82 504638.02 219 72254747 504222.18 325 713282.7.7 503704.95 21 72072 &50 50646721 122 717781.90 504510.25 220 722557.31 504140.75 329 713290.97 503664.24 22 720561.62 506468.06 123 717679.52 504425.77 221 72255731 5N 140.75 JJO 713300.84 507644.49 23 72037209 506558.20 124 777671.15 504390.15 222 722556.95 534138.04 3J1 713320.58 503635.86 24 720365.21 506563.26 725 717670.71 504788.19 223 71255539 5041J32J 332 713771.16 50302.16 15 720534.55 506574.68 126 717655.26 504318.50 234 722550.58 5N 118.40 3J3 713536.49 503673.79 26 710303.21 505584.07 117 717655.26 504J18.49 225 722550.58 534118.40 334 717578.24 503626.62 27 720271.33 506591.39 128 717679.52 504769.46 226 722546.29 334102.46 JJ5 713602.00 503632.99 28 720239.03 506596.61 129 717759.41 504041.67 227 722536.32 504072.86 336 713602.00 503671.99 29 720237.25 506596.84 130 717776.06 534015.03 228 7225J2.3S 504050.71 J37 71360&05 503632.94 30 71998700 506628.01 131 717786.80 50.799784 229 722519.34 504029.89 338 717616.74 503636.64 31 71996771 506629.61 132 717786.80 503991.84 230 722490.71 503972.62 379 713641.89 503637.77 32 719970.17 506623.25 153 718189.02 50.7995.09 231 722475.09 503930.97 340 713676.08 505639.46 33 719972.07 506613.09 IJ4 718392.92 50399520 232 72246728 503881.51 341 713712.17 507641.71 34 719975.86 506599.76 135 718855.57 503995.43 233 721472.48 503852.67 342 713752.49 503"1.43 35 719977.79 506585.80 136 71912758 503995.57 254 702495.91 503839.86 343 713775.62 503 641.71 36 719979.06 506571.20 137 71912771 503995.57 275 72251596 503837.63 344 713778.18 503641.08 37 719979.06 506536.93 138 71980.56 503995.72 236 722519.34 5038737.25 345 713782.01 503 "3.26 JB 719977.15 506521.70 139 719615.64 503995.81 237 722613.06 5038JZ25 346 713805.45 503640.79 39 719974.61 506495.04 140 719864.49 503995.93 2J8 722660.61 50835.22 347 713831.36 503638.33 40 719973.34 506469.02 HI 719904.63 534110.84 239 72275264 503831.08 348 713665.91 503637.09 41 719970.80 506477.28 142 719948.81 5042J7.24 240 722&37.45 507822" 349 713896.88 503629.69 41 779970.80 506408.72 143 719949.26 504238.54 241 72291763 503824.24 350 713905.39 503622.29 43 719970.17 506365.68 144 719349.26 534238.54 242 723045.27 503619.71 351 713923.90 503621.05 44 719968.90 506373.18 145 719949.26 534238.54 243 723120.00 503817.06 357 71J946.11 50362J.52 45 779965.09 506555.41 146 719949.26 534238.54 244 72J284.68 503611.22 353 713972.07 503625.99 46 719967.92 506339.54 147 71994229 504264.72 245 723423.63 507609.39 354 713995.46 503632.16 47 779953.03 506296..76 148 71994 &Jl 504170.58 246 72J482.5J 503808.62 355 714017.65 503632.16 48 719951.13 506279.88 149 779950.39 504282.50 247 72J565.93 503801.54 356 714079.87 503627.22 49 719949.86 506265.29 150 719955.80 504308.79 248 723581.56 503801.95 357 714079.35 503627-22 50 719946.59 506249.42 151 719960.90 504JJJ.07 249 723585.14 507801.86 358 714097.69 503 644.49 51 719947.32 506228.47 152 719961.98 504378. I8 253 712954.19 504051.23 359 714099.09 503665.47 52 719945.42 506206.89 153 719966.62 534359.83 254 712947.89 502613.35 560 714101.56 50.7692.61 53 719945.42 506190.39 154 71996275 504368.6) 255 714152.79 502586.86 361 714106.50 503775.79 54 71994198 506.48. 11 155 719970.49 504399.99 256 714324.00 50252847 362 714708.96 503771.57 55 719945.34 506167.79 756 719972.04 50"08.55 257 7146B&63 502520.57 36J 714110.20 503801.18 56 719946.63 506147.79 157 719973.58 504428.65 250 714896.54 502817.71 564 714105.26 503854.24 57 719950.87 5061J1.96 158 719974.41 504438.19 259 714958.93 503139.76 365 714107.26 50389J.23 58 719945.00 50601293 159 719975.13 504446.44 260 715248.26 50JJ99.49 366 71408922 503924.56 59 719901.95 50590281 160 71997220 50445206 261 7154 18. 12 50J43249 367 714011.50 503930.73 60 71994500 505784.48 161 719980.54 534474.27 262 71550505 50378269 368 713828.90 503929.50 61 719966.44 505656.35 162 719982.74 534486.01 263 715532.10 503982.77 369 713674.86 50403300 62 719949.01 505976.68 163 719965.18 504499.02 2" 715632.78 334273.11 370 712978.70 505377.38 0 719904.20 505490.79 164 719989.05 534529.18 265 715650.42 504380.01 371 713113.83 505376.97 64 719823.28 505788.71 165 779989.81 534557.79 266 715466.94 504980.23 372 713086.61 504510.21 65 719725.81 505079.46 166 719989.82 534584.85 267 715479.68 505039.00 373 713241.90 504316.43 56 719691.J5 505072.71 167 719989.82 50461ZM 268 715572.70 505175.03 374 713627.38 504243.10 67 719647.34 50504 7.85 168 719992.14 504655.22 169 715717.J5 505309.42 375 713932.97 504245.04 68 719796.80 534764.6) 169 719997.56 504687.06 270 775776.99 505392.57 J76 714134.99 504306.49 69 719318.02 504713.24 170 720002.20 504713.99 272 714103.96 5053676) 377 71407.96 504514.25 70 719108.91 504699.67 171 720005.00 5047J6.97 273 714086.57 505391.27 378 714415.51 504921.60 71 779133.42 504696.12 172 720006.06 504745.70 274 714081.15 505377.30 379 714334.90 505034.30 72 779037.42 504723.50 173 72000141 534754.92 275 714074.08 505372.83 380 714082.71 505115.23 73 718975.68 504785.14 174 720017.54 504790." 276 714054.17 505365.23 381 714041.81 505171.28 74 718954.66 504860.42 175 720020.36 534 1PI678 277 714057.J6 505359.05 382 114041.74 505392.70 75 71888727 504891.29 176 720023.65 334922.06 278 71405&09 50533734 383 712954.19 504051.25 76 718825.74 504891.29 177 719777.51 505348.72 219 714057.14 505323.59 784 7128N.21 504055.04 77 718871.23 504868.22 178 719749.32 505065.49 281 71403&" 505272.68 785 723585.87 503N387 78 718592.63 50856.90 179 723588.01 534714.23 2112 714037.64 505208.16 3B7 713674.86 5040.73.00 79 718355.31 504821.05 180 713570.28 5N715.04 283 714034.84 505112.69 388 719190.86 503931.19 60 716298.16 504812.52 lift 723563.24 534117.14 285 714065.60 505102.11 81 718260.17 504828.70 182 723527.96 504743.19 296 714090.61 505094.70 82 718033.21 505353.86 183 723427.03 50476177 288 714179.83 505087. 11 BJ 717829.05 505376.26 184 723260.48 504860.42 289 714203.06 505083.85 84 717849.80 505406.63 185 72321922 504884.74 290 714251.86 505070.09 65 717553.94 505436.02 186 723133.30 504935.39 291 714286.65 505064.07 86 717469.90 505465.89 187 723088.17 50497764 291 714300.57 505060.02 87 717360.99 505556.77 788 722023.35 505000.52 294 71436743 505026.84 118 717210.64 505708.64 189 72296256 505006.97 295 71438324 505013.21 89 717099.58 505775.86 190 722634.05 505032.86 296 714405.37 334976.38 90 716886.29 505824.67 191 722631.97 505033.02 297 71441ZM 504955.59 91 716456.16 $06882.53 192 722309.52 505225.23 2" 714417.56 504577.59 92 716046.45 505838.10 193 722219.05 50519576 9J 716025.28 5057J7.27 194 72200786 505126.98 94 715969.27 505607.80 195 121629.41 505003.29 95 715741.26 505J92.54 196 721645.99 504906.49 SEE SHEETS 1 -4 FOR SIGNATURE AND NOTES. 96 714317.20 50539685 197 72166122 504818.41 COORDINATE TABLE 97 714320.97 505754.99 198 721671.35 504759.83 98 714274.43 505779.J1 199 721665.79 54679.76 ** NOT A SURVEY ** 99 714234.96 505802.82 JW 26. 2008 - U8:8835 JCS0IITII: \5;!\03312\554 9\IH -21,11 W,I �I„�� 'b.•••e °�• TITIS: MSKE COt1 F DE Si#rWN WOION OF PARIIFJ1911P TREE: SKETCH OF DE9CRPipN � PAW OF SECMINS 12 AND 11 1O WP 49 SW . R/.NOE 28 EAST MD SCC S 7 MD 18. iD KP b S H. w 29 E/SE /M�4.6�es4. 64olpY • 0ngw4 • YIY[4PNT4dwJ1. RnwlEin LlVll1� COLUM c . MORM Above - f wm- ICY 7iw- 7�,fYIYIe Cr~ OAF: PROJECT NO.: SHEET NUMBER: FlLE NO.: 11997092 /R1lY8A•04i4E►M81�ffiJ -114s EA1M4Dp•Fr l.1ftl4711- 14914wre44rmR 3/06 03312 -PO4- 000 -21000 5 OF 5 170 -2151 exHieir BCI /BCP SSA 9 CREDIT AGREEMENT QLZ 17D STEWARDSHIP SENDING AREA CREDIT AGREEMENT (BCI /BCP SSA 9) THIS STEWARDSHIP SENDING AREA CREDIT AGREEMENT .(he einafter referred to as the "Agreement ") is made and entered into this -k,4 day of �ru2 2007, by and between COLLIER COUNTY, a political subdivision of the State of FI rida, 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 17D 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 Layers. 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. 17 D "1 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. 17D .I� 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 170 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. . j ,V ' APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By. JGF WRIGHT AssistUfit County Attorney WITNESS: 6<.�.6.- y,,) ( f � tee-✓ (Signature) ' CAROLYN A. SHAW A (Print full name)) y, dl• L/ (Signature) Q141LI,E L , Vl rokizel- (Print full name) WITNESS: (Signature) CAROLYN A. SHAW (Print full name) ` z . (Signature) (Print full name) ow BARRON L ER INVESTMENTS, LTD. A o d imi d Partner By:r Pa/i. Marinelli Its Administrative Agent BARRON COLLIER INVESTMEN TD. A Florida Limited Partner ip By: I/ , "A �� ) Katherine G. Sproul, Tr ee Juliet C. Sproul Testamentary Trust A General Partner WITNESS: j �V (Signature) CAROLYN A. SHAW (Print full name) (Signature) .Disc L - V /��t/ (Print full name) WITNESS: (Signature) CAROLYN A. SHAW (Print full name) (Signature) Jr,5kyc L. i' /cc/z�— (Print full name) 74NIM-0135 mil 9J. Marinelli Administrative Agent BARRON COLLIER PARTN Katherine G. Sproi Juliet C. Sproul Te A General Partner 17D entary Trust 170 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 OLLIER IN ESTMENTS, LTD. STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Sending this day of the Juliet C. Spr ul Testam ntary INVESTMENTS, LTD. STATE OF FLORIDA COUNTY OF COLLIER Notary Public SUSAN L. Name: MATURO Certificate No. My Commission expires: Susan L Ma1uro My CMMISSIM DD343616 Expires October 15, 2008 Area Credit Agreement 2007, by KATHERINE G. Trust, a General Partne vas executed before me SPROUL, as Trustee for of BARRON COLLIER Notary Public Name: SUSAN L. MATURO Certificate No. My Commission expires Susan L Maturo g `r} My Comnussm DD343816 Expires October 15. 2006 The foregoing St d hip Sending Area Credit Agreement was executed before me this J-7— day of , 2007, by PAUL J. MARINELLI, as Administrative Agent of BARRO COLLIER PARTNERSHIP Notary Public Name: SUSAN L. MATURO Certificate No. My Commission expi a� P Susan L Msturo _ My Commission D0343618 ?or a0" Exp'rey October 15, 2008 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Sendinc this day of , the Juliet C. Spr 1 Testam ntary PARTNERSHIP. 17D Area Credit Agreement was executed before me 2007, by KATHERINE G. SPROUL, as Trustee for Trust, a General Partner of BARRON COLLIER W Aj�" Notary Public Name: SUSAN L. MATURO Certificate No. My Commission expires: gyn Susan L Malun) My Commission DD343616 ?ar rvd Expires Oc100er 15. 2008 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 EXHIBIT A 17D ffiffim 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 89-44'55" WEST 2676.91 FEET TO THE SOUTH Y. 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°11'28" WEST 2537.89 FEET TO THE NORTHWEST CORNER OF SAID PARCEL (POINT NUMBER 4, NORTHING 715479.80, EASTING 501322.29); THENCE NORTH 89032'26" 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 89024'56" 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 00044'30" 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); 72N2006 . 165933 Ver. on -JCSal 03312- SU�000- MRK- 21783 17D 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 7I26I200G165933 Ve, 01I- JCSOTIY 03312.509 -040. MRK- 28763 W 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 n2612' 06-165933 ver on. JCSOm cU l 03312 SO4.040 vwae -ze7e3 17D S 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. 712612006.165933 Ver: 011. JCSOTN 03312 S W0. VJJRK -28763 17D ; DESCRIPTIDN 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: 25 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: ]/2612 006- 16593 3 Ve,: D11 -JCSOT 03312 -SO4 04D- V WRK - 25763 KrilsOuNillee 170 New 01 ections In Planning, Design & fngineenng DESCRIPTION OF LANDS LYING.WTTHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 FAST AND SECTIONS 7AND 18 TOWNSHIP 68 SOUTH, RANGE 29 EAST, COLLIER COUNTY. FLORIDA SHEET OF 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 0 0'-06 BRADLEY E. STOCI:HAM, 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. ?WG1CSc33 V�r. 01�- JG�DT' oaizsoeulo- wywc -ze;ra K PREPARED BY: r BRADLEY E. STO HAM, P.S.M. L.S O O O N W U to - 17 D GENERAL NOTES: 1. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED. 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. 3, BEARINGS ARE BASED ON THE SOUTH LIME OF SECTION 13. TOWNSHIP 48 SOUTH, RANGE 29 FIST, COLLIER COUNTY, FLORIDA BEING SOUTH 89'44'55 WEST. 4. CERTIFICATE OF AUTHORIZATION /LS -43 5. SUBJECT TO EASEMENTS. RESTRICTIONS AMID RESERVATIONS OF RECORD. 6. THIS SKETCH MAY HAVE BEEN REDUCED. 2. SEE ATTACHED FOR LEGAL DESCRIPTION 8. POINTS ARE SEQUENTIA- AND LABELED INCREMENTALLY. INTERMEDIATE POINT LABELS ARE OMITTED FOR CW21TY. 9. REFERENCE MLS0NMILLER PCDOCS NUMBER 165933 FOR DESCRIPTION 10. SEE SHEET 5 FOR COORDINATE TABLE. SECTION 13 ABBREVIATIONS: O.R. = OFFICIAL. RECORD BOOK C.E. - COLLIER ENTERPRISES, LTD B.C.I. — BARRON COLLIER INVESTMENTS LTD B.C.P. = BARRON COLLIER PARTNERSHIP R.O.W = RIGHT OF WAY P.O.C. = POINT OF COMMENCEMENT P.O.B. — POINT OF BEGINNING C.O.C. = LOWER DEVELOPMENT CORPORATION 0 Soo 1000 2000 4000 PARCEL DESCRIBED SSA# 9 GRAPHIC SCALE 789.40 ACRES +/- Jul 25. 2006 - 06:08:25 JCSGTrlX \SUR\03312 \SSA 9 \IH- 21.4.q w CLIENT: t Wi/sonmviter fbnlna . Fiy�eas . C'atgsb . SMwlwe' L %da-ape AIWMa . TraipWetim Cwnenfe Wi79GDA1ABr� J11C. .2108LL+Y Lem.3M FM MM Suveoh. B'sMAcn. T%TM • TeWmae -Pwnv CRY &MN A9FkA fYrik aanS eWl. iTna 2E549.NW . Fv 2D 6q -SnS. WetrS']e 111�.YNa�licmn ** NOT A SURVEY ** SEC71ONS 12 MND 13, TOWNSHIP 45 SOUTH, RANGE 20 EAST AND SECTIONS T AND 18. TOWNSHIP 18 SOUTH, RANGE 29 EAST COLLIER CDUNW, FLORIDA PROJECT u0.: SHEET vUMBER 3/06 03312 -POa- 000 -21000 1 OF 5 1H -21S1 POINT POINT POINT NUMBER NORTHING FASTING NUMBER NORTHING FASTING NUMBER NORTHING FASTING 1 712204.21 504055.04 100 713763.55 506100.38 200 721597.38 504609.31 2 712792.47 501378.16 101 713721.48 506125.22 201 721740,11 504362.17 3 712942.46 501375,04 102 713673.87 506149.50 102 721768.82 504339.41 4 715479.80 501322.29 103 713673.87 505923.61 203 721772.62 504340.16 5 715493.38 503014.91 104 713388.86 505923.61 204 721790.07 504343.61 6 718180.95 502959 36 105 713388 86 506225.18 205 721818.06 504349.15 7 718179.40 50260773 106 713364,21 50622673 206 721818.06 504349.15 8 723566.61 502737.98 107 713338.18 506127.66 207 721893.36 504360,09 9 723585.87 503843.87 108 712994,51 506234.03 208 722019.89 504378.46 10 723590]7 50583749 109 712954.20 504053.33 209 721019.92 504378.48 I1 723456.97 505803.24 110 712942.46 501375.04 210 722029.68 504378.28 12 723343.69 505794.53 113 71823005 504798.88 211 722 10 1. 13 504381.77 13 722818.37 505940.99 114 718218.42 504794.36 Z12 712176.61 50436177 14 722805.79 505900.91 115 718166.80 504783.17 213 722257.00 504361.52 15 722790 98 505905.32 116 718125.04 504773.66 214 722322.66 504349.15 16 721395.56 506304.78 177 718125.04 504773,66 215 722385.62 504325.47 17 720754.42 506495.37 118 718125.04 504773.66 216 722426.86 504310.07 18 720744.19 506485.86 119 718048.06 504719.32 217 722524.49 504257.97 19 720738.29 505476.77 120 717960.12 504657.25 216 722524.49 50425)97 20 720733.37 506469.00 121 71793682 504638.02 219 72254747 504222.18 21 720725.50 506467.21 122 717781.90 504510.25 220 722557.31 504140.75 22 720581.62 506468.06 123 717679.52 504425.77 221 72255731 504140.75 23 72037709 506558.20 124 717671.15 504390.15 222 721556.95 504138.04 24 720365.21 50556J.26 125 71767071 504388.19 223 722555.39 504133.23 25 720334.55 506574.68 116 717555.26 50431850 224 722550.58 504118 40 26 720303.21 506564.07 127 717655.25 504318.49 225 722550.58 504118.40 27 720271.33 506591.39 128 717679.52 504169.46 226 722545.29 504101.46 28 720239.03 506596.61 119 717759.41 504041.67 227 722536.32 504072.66 29 720237.25 506596.64 130 717776.06 504015.03 226 722532,35 504050 72 30 71998700 506628.01 131 717766.80 503997.84 229 722519.34 504029.89 11 71996771 506629.61 132 717766.20 50399284 230 722490.71 503972.62 32 719970.17 506623.25 133 718189.02 503995.09 231 722475.09 50.3930.97 33 719972.07 506613.09 134 718392.92 503995.20 232 72246728 503881.51 34 719975.86 506599.76 135 718655.57 503995.43 233 722422.48 503852.87 35 71997779 506585.80 136 71912758 503995.57 234 722495.91 503839.86 36 719979.06 505571.20 137 719127.71 503995.57 235 722515.96 50383Z6J 37 719979.06 506536.93 138 719440.56 503995.72 236 721519.34 503837.25 38 719977]5 506521.70 139 719615.64 503995.81 2J7 722673.06 503837.25 39 719974.61 506495.04 140 719864.49 503995,93 238 722660.61 503835.22 40 719973.34 506469.02 141 719904.63 504110.84 239 722757.64 503831.06 41 719970.80 50643]26 142 71994881 50423724 240 722833.45 503827.84 42 719970.20 505408 72 143 71994926 504238.54 241 722917.63 503624.24 43 719970.17 505385.88 144 719949 26 504238.54 242 72J045.27 503819,71 44 719966.90 50637].16 145 719949.26 504238.54 243 723120.00 503817.06 45 719965.09 506355.41 146 719949.26 504238.54 244 723284.68 503811.22 45 719961.92 506339.54 147 719947.29 504264.72 245 723423.63 503809.39 47 719953.03 506296.38 148 719948.31 504270.58 246 723462.53 503808.62 48 719951.13 506279.88 149 71995039 504181,50 247 723565.93 503802.54 49 719949.86 50626519 150 719955.80 504308.79 248 723582.55 503601.95 50 719948 59 506249.42 151 719960.90 504333.03 249 723585,14 503801.86 51 71994732 50622247 152 719961.98 504338.18 253 712954.19 504051.23 52 719945.42 506206.89 153 719966.62 504359.83 254 712947.69 502617.35 53 719945.42 506190.39 154 719967.75 504362.63 255 714152.79 50158686 54 719945.98 506178.11 155 719970.49 504389.99 256 714324.00 5025 ?8.47 55 719945.34 506167 79 156 719972.04 504408.55 257 714668.63 502520.57 56 719946.63 506147,79 157 719973.58 504426,65 258 714896,54 50281771 67 719950.87 506131.96 158 719974.41 504438.19 259 714958.93 503139.75 58 719945.00 506017.93 159 719975.13 504446.44 260 715248.26 503399.49 59 719902.95 505907.81 160 719977.20 504457.05 261 715418 12 503432.49 60 719945.00 505724.48 161 719980.54 504474.27 162 715505.05 503787.69 61 719966 44 505656 35 162 71998274 504486.01 253 715532.10 503982.77 62 719949.01 505576.68 163 719985.18 504499.02 264 71563238 504273.11 63 71990420 505490.79 164 719989.05 504529, 1B 265 715650.42 504380.01 64 71982-128 50538871 165 719989.81 504557.79 266 715466.94 504980.23 65 719725.81 505079.48 166 719989.82 504584.85 267 715479.68 505039.00 66 719691.35 505072.71 167 719989.82 504617.33 268 715572,70 505175.03 57 719647.04 505041.85 168 719992.14 504655.22 269 715717.35 505309.42 68 719396.80 504764.63 169 719997.56 504683.06 270 715716.99 505392.53 69 719318.02 504713.24 170 720002.20 504713.99 272 714103.96 50538763 70 719208.91 504699.61 171 720005.00 504736.97 273 714083.51 505381.27 71 7791JJ.42 504696.11 172 720006.06 504745.70 274 714081.15 505377.30 72 719037.42 50472.150 173 720008.41 504754.92 275 714074.08 505372.83 73 718975.88 504785.14 174 72001254 504790.84 276 714064.11 505365.23 74 718934.86 504660.42 175 720020.36 50484678 277 714057.36 505359.05 75 718387.27 504891.29 176 720023.65 504922.06 278 714058.09 505337.04 76 718825.74 504891.29 177 719777.51 50504872 279 714057,14 505323.59 77 718671.23 50466222 17B 719749.32 505065.49 281 714038.44 505272.62 78 718592 63 504656.90 179 723588.01 504714.23 282 714033.64 505208.16 79 718355.31 504821.05 180 723570.26 504715.04 28J 714034.84 505121.69 80 718298.16 504812.52 181 723553.24 504717.14 255 714065.60 505102.11 31 718260.17 504828.70 182 723527.96 504743.19 286 714090.62 505094.70 82 718033.21 505J53.86 153 723427.03 504762.77 188 714179.83 505067.11 83 717819.05 505376.26 184 723260.46 504860.42 289 714203.06 505083.85 84 717549.80 505408.63 185 723219.22 504884.74 290 714251.86 505070.09 85 717553.94 505436.02 186 723133.30 504935.39 291 714266.65 505064.07 86 717469.90 505465.89 187 72J088, 17 504977,64 292 714300.57 505060.02 87 717360.99 505555.77 188 723023.35 505000.52 294 714367.43 505026.84 88 717217 84 505702.64 189 72296756 505006.97 195 714383.24 50501121 29 717099.58 505775.86 190 721634.05 50503286 296 714405.37 504976.38 90 716886.29 505824.67 191 722631.97 505033.02 297 714412,25 504955.59 91 716456 16 505882 53 192 722309.52 505225.23 Z99 71441755 504571.59 92 716046.45 5058J8. 10 193 722219.05 50519576 93 716025.28 5057J7.27 194 722007.86 505126.98 94 715969.27 505607,80 195 721629.41 505003.29 95 715741.25 505392.54 196 721645.99 504906.49 96 71431220 505391.85 197 721661.22 504818.41 COORDINATE TABLE 97 714320.97 505754.99 198 721671.35 504759.85 98 714274.43 505779.J1 199 721665.19 504679.76 99 714234.96 50580282 17D POINT NUMBER NORTHING FASTING 300 714413.04 504493.69 301 774409.24 504475.31 302 714404.45 504465.04 303 714370.65 504408.84 305 714267.04 504315.95 306 71425732 504309.09 307 714247.05 504304.30 311 713161.51 504346.51 313 713145.15 504356.10 314 713131.64 504373.40 315 713)07.70 504421.35 316 713088.01 50448 L41 319 713112.75 505386.07 322 71367221 503928.26 323 713378.57 50392210 324 713314.41 503922.10 325 713279.87 503915.93 326 713267.51 503890.02 327 713270.00 503832,03 328 713282.33 503704.95 329 713290.97 503664.24 J30 213300.84 503644.49 331 773320.58 503635.86 332 713321.16 503632.76 333 713536.49 503633.39 334 713578.24 503625.62 335 713602.00 503632.99 336 713602.00 503632.99 337 713606.05 503631.94 338 713626.74 503636.64 339 713647.89 503637.77 J40 713676.08 503639.46 J41 713712.19 503641.71 342 713752.49 503641.43 343 213775.62 503641.71 344 713778.18 503641.08 345 713782.01 503543.26 346 713805.45 503640.79 347 713831,36 503638.33 348 713865.91 503637.09 349 713886.88 503629.69 350 713905.39 503622.29 351 713923.90 503611.05 352 713946.11 503623,52 353 713972.01 503625.99 354 713995.46 503632.16 355 71401766 503631.16 356 214039.87 503627.22 357 714079.35 503617.22 358 714091.69 503644.49 359 714099.09 503665.47 350 714101.56 503692.61 361 714106.50 503235]9 362 714108.96 503771,57 363 714110.20 503801.18 364 714105.26 503854.24 365 714107.26 503893.2) 366 714089.22 503924.56 357 714011.50 50393073 368 713828.90 503929,50 369 713674.86 504033.00 370 71297870 50537236 371 71311383 505376.97 372 713086.61 504510.21 373 713241.90 504316.43 374 713627.38 504243.10 375 713932.97 504245.04 376 714234.99 504306.49 377 714407.96 504514.25 378 714415.51 504921.60 J79 714334.90 505034.30 380 714082.71 505115.23 381 714041.81 505171.28 382 714041.74 505392.70 383 712954.19 504051.25 384 712804.2) 504055.04 385 723585.62 503843.87 387 713674.86 504033.00 388 718190.86 503931.19 SEE SHEETS 1 -4 FOR SIGNATURE AND NOTES, Jul 26, 2006 - OB:OB:25 JCSOTAX \SUR \03312 \SSA 9 \IH- 2J.Ewg I4flff Miller y e • a CLIENT T6LE: i4nrali . bpean - Emky�b � 6L1sM - {y12K4p4 grM�Y 8 . Tiv�e�leLLn Canlsb WiscrAder eNn .93YIBa67Lw, BIL 2D. RrlYN4•�rmh. B4d -il'9; -T4Y -hrnuCI,B DATE: MWWAl � • flue 28dbtltl • Fa ztl bq-9tl • Y SIIR wR4n - a BARRON ** NOT A SURVEY ** SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH. RANGE 29 FAST MD SECTIONS 7 AND 18, TOWNSHIP 48 $CUIN. RANGE 29 EAST COWER COUNn. FLORIDA PROJECT NO.: SHEET NUMBER 3/06 03312- PO4 -ODO -21000 5 11 1 1H -2151 I EXHIBIT B 17D FSA 1- Lamp Reais l..Wa C ardsh a Ar¢-,-4d (FSA FSAi &L MA FSA WRA �,- SSA 9 - CREDIT AGREEMENT WilsonMiller F X I I I B 7 7 B- LOCATION MAP EXHIBIT C w I , 1 i Atii4 If rAi'Y�i+!Sf „1 � 4 SSA 9 - _CREDIT AGREEMENT EXLI I BIT C: R E7 A I N ED LAND USES EXHIBIT D 17D F \ EXHIBIT E 17D PREPARED el" B.C.I T� -5 6 1 ( D •B W W P•O• t CR. BOOK 2433 ( ( PARCEL "/.' PAGE 2779 Q CD NW CORNER OF J` l_ 11 -( ?._ SECTION 7 POINT NUMBER 9 N89 "51'32-E 1 LEY E. STOCKHAM, P.S.M, L.S.06390 DATE Key ,ED 1:- 1 } - <;6 - ADDED PARCEL "D N89'00'09'E 1993.62' 106.06' B.E.:. GR. BOOK { 589'51'32 "W 89. 00'10 "WI 870.36' 2ac3 PACE 2]]9- 3 42.02' ' 3185 9 2796 2491 9 _ 9 �� ii ARCEL W LINE TABLE LINE LENGTH BEARING L101 720.69 NOi "27'OZ"W I L102 104.77 S88'32'58 "W CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING CIS 1 74.20 5B.90 7210'38 69.39 55552'47E C16 148.47 116.10 7316'12" 138.56 554'25'34 "E C17 292.07 216.10 7726'16" 270.34 N50*1312 'E C18 307.52 791.10 22-16'21' 305.59 NOO21'S3E C19 270.30 191.10 81'02'28" 248.32 1 NS l'17'31 "W 12 PAC PARCEL 'B SW CORNER OF SECTION 7 589'24'56 'W 151.63' 7 7 p B.C.P. O.R. BOOK 2009 PAGE 29 1546 -1553 7070 62,651 A RES • 7 4 PARCEL BE" 42.45! ACRES NO 1'33' 17'W 83.34' Wilso_ nMillei F A H Fbtrev . &,,rP P9 . ExA,,WN . SNnyas . L+^I*WK bFJdx:le . TrmWPPrNh'm Cm ,N WbOrAffer, Inc. T m - TM hINNI , . I'vW W CMeNm 3tro RWhYLox. 9d M. Nmkmfi 040id07 -Rue D960-CNO- Fu 2'860 -STS - Wetr9b u1m.Ilbmrlmoron SKETCH OF DESCRIPTION OF PART OF SECTION 12, TOWNSHIP 48 SOUTH, RPNGE 28 FAST MO SECTIONS 7 MO 18, TOWNSHIP 48 SOUTH, RANGE 29 EkIT COLLIER COUNTY, FLORIN PROJECr NO.'. SHEET 3/06 03312 -PD4- 000 -21DDO 2 5 1 iH -2152 1 58976.9 W/ / I N.0'2TOYW. L100' C.D.C. O.R. v L1676.91' L 50.04' P.O.B. (100' RIGHT -OF -WAY) PARCEL 'Cr POINT NUMBER 253 SECTION CDR. PARCEL C" C 1537 BE CORNER OF SW CORNER OF m - GENERAL NOTES: SECTION 13 SECTION 18 I. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS ABBREVATIONS: CONTAINS p PAGE 749 m 90 529.211 ACRES TOWNSHIP 48 SOUTH, RANGE 29 EAST. COLLIER COUNTY, FLORIDA R.O.W = RIGHT OF WAY BEING SOUTH 8544'55 7 WEST, P.D.C. POINT OF COMMENCEMENT 4. CERTIFICATE OF AUTHORIZATION /LB -aJ P.D.B. POINT OF BEGINNING C.D.C. COLLIER DEVELOPMENT CORPORATION rN 1000 2000 4000 5 TD EASEMENTS, RESTRICTIONS AND RESERVATIONS OF SSA 9 OVERALL PARCEL CONTAINS 789.40 ACRES +/- 13 RECORD. 6. THIS SKETCH MAY HAVE BEEN REDUCED. 22 RESTORATION PARCEL A' CONTAINS 42.20 ACRES +/- 7. SEE ATTACHED FOR LEGAL DESCRIPTION O RESTORATION PARCEL "B" CONTAINS 42.45 ACRES B.0 P. II INTERMEDV.TE POINT LABELS ARE OMITTED FOR CLARITY. LANDS RESERVED FOR EARTH MINING AND PROCESSING USES CONTAINS 50.08 ACRES +/- 9. REFERENCE WILSONMILLER PCOOCS NUMBER 168962 FOR DESCRIPTION ® RESTORATION PARCEL "0" CONTAINS 529.21 NET. ACRES +/- 10. .SEE SHEET 5 FOR COORDINATE TABLE. Jul 26. 2006 - 08'08:37 JCSOT X: \SUR \03312 \SSA 9 \IH -21,E.g J ## NOT A SURVEY ** 9$ 1 p O.R. BOOK 19 O PAGE 1]9 -184 4 95 - N89'JZ'26•E PARCEL "C' CONTAINS 125.46 +/- ACRES (TOTAL) Q LE 55 5.5 ACRE LAKE PARCEL U u 119.911 ACRES (NET) U7 PLB w 5.55± ACRE m >) LANDS RESERVED FOR LAKE PARCEL b )60 97 EARTH MINING AND POINT NUMBER 322 03B 382 PROCESSING USES CONTAINS m1 50.08 ACRES +/- 1� 00 APO OM5387 10J Dz 374 104 105 501. 1128 "E 373 37 70 0 5 0.02' / li ' Se456'2C. Wilso_ nMillei F A H Fbtrev . &,,rP P9 . ExA,,WN . SNnyas . L+^I*WK bFJdx:le . TrmWPPrNh'm Cm ,N WbOrAffer, Inc. T m - TM hINNI , . I'vW W CMeNm 3tro RWhYLox. 9d M. Nmkmfi 040id07 -Rue D960-CNO- Fu 2'860 -STS - Wetr9b u1m.Ilbmrlmoron SKETCH OF DESCRIPTION OF PART OF SECTION 12, TOWNSHIP 48 SOUTH, RPNGE 28 FAST MO SECTIONS 7 MO 18, TOWNSHIP 48 SOUTH, RANGE 29 EkIT COLLIER COUNTY, FLORIN PROJECr NO.'. SHEET 3/06 03312 -PD4- 000 -21DDO 2 5 1 iH -2152 1 58976.9 W/ / I N.0'2TOYW. L100' L�OIL WELL ROAD L1676.91' L 50.04' P.O.B. (100' RIGHT -OF -WAY) 1/4 CORNE 2 PARCEL 'C PAM 0 P•04 POINT NUMBER 253 SECTION CDR. PARCEL C" C BE CORNER OF SW CORNER OF GENERAL NOTES: SECTION 13 SECTION 18 I. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS ABBREVATIONS: OTHERWISE NOTED. O.R. = OFFICIAL RECORD BOOK 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED C.E. a COLLIER ENTERPRISES. LTD SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. B.C.L BARRON COLLIER INVESTMENTS LTD 3. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, S.0 P. = BANNON COLLIER PARTNERSHIP TOWNSHIP 48 SOUTH, RANGE 29 EAST. COLLIER COUNTY, FLORIDA R.O.W = RIGHT OF WAY BEING SOUTH 8544'55 7 WEST, P.D.C. POINT OF COMMENCEMENT 4. CERTIFICATE OF AUTHORIZATION /LB -aJ P.D.B. POINT OF BEGINNING C.D.C. COLLIER DEVELOPMENT CORPORATION 0 500 1000 2000 4000 5 TD EASEMENTS, RESTRICTIONS AND RESERVATIONS OF SSA 9 OVERALL PARCEL CONTAINS 789.40 ACRES +/- GRAPHIC SCALE RECORD. 6. THIS SKETCH MAY HAVE BEEN REDUCED. 22 RESTORATION PARCEL A' CONTAINS 42.20 ACRES +/- 7. SEE ATTACHED FOR LEGAL DESCRIPTION O RESTORATION PARCEL "B" CONTAINS 42.45 ACRES S. POINTS ARE SEOUENTML AND LABELED INCREMENTALLY. ®RESTORATION PARCEL "C CONTAINS 119.91 NET ACRES +/- (125.46 GROSS ACRES + / -) INTERMEDV.TE POINT LABELS ARE OMITTED FOR CLARITY. LANDS RESERVED FOR EARTH MINING AND PROCESSING USES CONTAINS 50.08 ACRES +/- 9. REFERENCE WILSONMILLER PCOOCS NUMBER 168962 FOR DESCRIPTION ® RESTORATION PARCEL "0" CONTAINS 529.21 NET. ACRES +/- 10. .SEE SHEET 5 FOR COORDINATE TABLE. Jul 26. 2006 - 08'08:37 JCSOT X: \SUR \03312 \SSA 9 \IH -21,E.g J ## NOT A SURVEY ** Wilso_ nMillei F A H Fbtrev . &,,rP P9 . ExA,,WN . SNnyas . L+^I*WK bFJdx:le . TrmWPPrNh'm Cm ,N WbOrAffer, Inc. T m - TM hINNI , . I'vW W CMeNm 3tro RWhYLox. 9d M. Nmkmfi 040id07 -Rue D960-CNO- Fu 2'860 -STS - Wetr9b u1m.Ilbmrlmoron SKETCH OF DESCRIPTION OF PART OF SECTION 12, TOWNSHIP 48 SOUTH, RPNGE 28 FAST MO SECTIONS 7 MO 18, TOWNSHIP 48 SOUTH, RANGE 29 EkIT COLLIER COUNTY, FLORIN PROJECr NO.'. SHEET 3/06 03312 -PD4- 000 -21DDO 2 5 1 iH -2152 170 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 91200E 176856 Vet. 011- BSTOLKXA 0331]- 000.000 - -0 17D DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 4B SOUTH, RANGE29EAST 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 91912006- 1]6666 Ver: 011. BSTOCKHA 1 M12 -000 -000 - -0 M DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 4B 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 °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 "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); 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 N&20D6176866 Ver.011- 13STOCKW 0331 0331$- DDO- DD0- -3 170 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE29EAST AND SECTIONS 7 AND 18 TOWNSHIP 4B 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 9IB20W 176866 Ver 011 BSTOCKHA 03312 ODD 000 -- 0 170 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 91812ODS 176666 Vo,: 011- BSTOCKHA 033112- 000.000 - -0 17D 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.00 001'54 "E., A RADIAL DISTANCE OF 58.90 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 72 010'38 ", 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 54 025'34" 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.10 046'18 "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; 91WO06- 176866 Ver et,- BSTOCNHA 03312 - 000.086 0 l 7 D 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 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 °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 90,'00F 176866 Ver'. Oil - 6STOONHA 03312 -000 000. - 0 im DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 16 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 91812006- 1]6666 Ver 011- BSTOCKHA 0 3312- 00 60 00 -- 0 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 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,W,2006.176866 Ve, 011 - BSTOCKHA 03312 - 000 -WD0� 0 17� ®ls fi illero New Directions in Planning, Design & Engioeermg DESCRIPTION OF LANDS LYING WRHWSECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 FAST AND SECTIONS ] AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COWER COUNTY, FLORIDA SHEET 10 OF 10 BY e.hJ w 4AZ (1l az-- 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 1H -21 S2. I4 «aF tTEE56 Ver 011- BSOC3{0 am 3312- E00-000.-0 17 D 1 T-48_g 6 PREPARED BY: B.C.I. W W PO•Ti p / O.R. BOOK 2493 ( PARCEL 'A7 PACE 2779 NW CORNER OF 93 t SECTION 7 BRADLEY E. 6T KHAM, P.S.M. L.S.(f6390 DATE POINT NUMBER 9 N89'S1'32'E C L102 199J.62' SB$ }2'58 "W 589'51'3 ' 6.CJ. O.R. BOOK 89'00'10'W 8]0.36' 2493 PAGE 2779- 42.02' x5 2796 9 V9 245 ARCEL 'A" ONT9 NS B 42.202 RES D }4 iT B.C.P. C.R. 192 2]0.30 BOOK 2009 212 81'02'28' GE t5a6 N51'7T31'W zoz PARCEL DESCRIBED CURVE TABLE 709 a0 ACRES f DVERAl1 CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING na Cx5 74.20 5B.9D 7710'38" 69. }9 $53'S2'4TE �a B.C.I. O.R. C16 148.4] 116.10 7316'12' 138.56 orry B.C.P. O.R. BOOK 554'25'34' x BOOK 2493 SJT44'52'E 2009 PAGE 1151 292.0] 216.10 ]72$16' 2]0.34 m N51713'12'E 00 o GAGE 2779 2].36' 1545 -1553 Li 307.52 ]91.10 2716'21' 105.59 NOP21'S3'E m m d 154 176128 GIB PARCE 'Ti 5 1 'f CONTAINS L 13 _ 20 42.45} A RES P•O.8 PPAC 7 PARCEL 46 PARCEL'6 SW CORNER OF 42.453 ACRES SECTION 7 78 1 I N01'33'IYW 9 D o1 21 17 87.34' man 2 12] x} m C.D.C. D.R. °p 1537 B ".I. 0 PAGE 749 C.R. BOOK 2545 0 PAGE 596 13 B.C.P. p p O.R. BOOK 1900 1 O PAGE 179 -184 262 65 269 111 261 PARCEL "C' -� � O m 259 CONTAINS m a n 119.91± ACRES (TOTAL) v� PI LESS 5.5 ACRE LANE PARCEL 5.552 ACRE m LAKE PARCEL m 7761' POINT NUMBER 322 v .38 382 ° 5 381 Lu B 367 374 373 7 70 4K - PARCEL 'C 1IS POINT NUMBER 253 N.01'27'OYW. OIL WELL ROAD 100, I 1//5.�0.04' (100' RIGHT -OF -WAY) P.O.Q. PARCEL SW CORNER OF GENERAL NOTES: SECTION IB I. A.I. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS MBROAKTIONS: OTHERWISE NOTED. O.R, a OFFICIAL RECORD BOOK 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED CE - COLLIER ENTERPRISES, LTD SEAL OF A RDRIDA LICENSED SURVEYOR AND MAPPER. B.LLi. - BWRON COLLIER INVESTMENTS LTD }, ME BASED ON THE SOUTH OF SECTION 1 }, B.C.P. COLLIER PARTNERSHIP TOWNSHIP RIGHT O TOWNSHIP SOUTH, RANGE 29 EAST, COLLIER COUNtt, FLORIDA R.O.W =RIGHT OG WAY . CO SO48 UTH WEST. WEST. BEING SOUTH 8AUTH P.O.C. = POINT OF COMNNING ENF u 4. CERTIFICATE OF AUTHORIZATION rt18 -43 R P.O.B. =POINT OF BEGINNING S. SUBJECT 10 EASEMENTS. RESTRICTIONS AND RESERVATIONS OF C.O.C. = COLLIER DEVELOPMENT CORPOWSIDN 0 500 1000 2000 4000 RECORD. GRAPHIC SCALE S. THIS SKETCH MAY WIVE BEEN REDUCED. 7. SEE ATTACHED FOR LEGAL DESCRIPTION RESTORATION PARCEL "A' CONTAINING 42.20 ACRES +/- 8. POINTS ME SEOUENTNL AND LABELED INCREMENTALLY. RESTORATION PARCEL "9" CONTAINING 42.45 ACRES +/- INTERMEDIATE POINT LADELS ME OM17ED FOR CLARITY. RESTORATION PARCEL "C" CONTAINING 119.91 NET. ACRES +/- 9. REFERENCE WILSONMILLER PCOOCS NUMBER 168962 FOR DESCRIPTION * * NOT A SURVEY + + 10. SEE SHEET 5 FOR COORDINATE TABLE. dm 2g, 2N.. - OB:De 37 JCSOTns \SUR\U3n2 \SSA 9 \1H- 2l.Bw9 =mow CLIENT: �= 5 S COY�EJt PARIIRAASIi Wilso�Mille/ TITLE: SKETCH OF DESCRIPTION PARE OF ' 2, DO18,T 4g .1 28 EAST HYMe - - Eodcgafe • S4wJ1ve • LN4c.yrvP JFttb . Trtmpafe5» CaMude CTIONS AND SECLi0N5 ] AND C LIE COONTIP 40 SOUTH, RANGE 79 EAST IP 45 OMIA. COLLIER COUNTY. LLORIM WboILU er, Inc. DATE: PROJECT NO SHEET NUMBER: FILE NO Ate:Fxf Ath - SIWe•6NMm • r"- Te -PV.m Dry Prod) 3Bll �IeYLem A'AtAq Flxi&.LIYfdN)•Rae q9 w9-pb.y42B6N3/K. Ky mr.9bnbmr4 3/06 03312 -PO4 -000 -21000 2 OF 5 1N -2152 LINE TABLE LINE LENGTH BEARING L101 ]20.89 N01'2T02"W L102 104.]7 SB$ }2'58 "W 2]0.30 191.1D 81'02'28' 248.32 N51'7T31'W POINT POINT NUMBER NORTHING EASTING NUMBER 1 772804.21 504055.04 100 2 772792.47 507378.76 101 3 712942.46 501375,04 102 4 715479.80 501322.29 103 5 715493.38 503014.91 104 6 718180.95 502959.36 105 7 778179.40 502807.73 106 8 723565.67 502737.98 107 9 723585.87 503843.87 108 10 723590.77 505837.49 109 II 723456.97 505603.24 110 72 723343.69 505794.53 I13 1J 722818.37 505940.99 114 74 722805.79 505900.91 115 IS 722790.98 505905.32 176 16 721395.56 506304.78 117 77 720754.42 506495.37 118 18 720744.19 506485.88 119 19 720738.29 506476.77 120 20 720733.37 506469.00 121 27 720726.50 506467.27 722 22 720581,62 506468.06 123 23 72037709 506558.20 124 24 720355.21 506563.26 125 25 720334.55 506574.68 126 26 720303.21 506584.07 127 27 720271.33 506591.39 128 28 720239.03 506596 67 129 29 720237.25 506596.84 130 30 719987.00 506628.01 131 31 719967.71 506629.81 132 32 719970.17 50662J.25 133 33 719972.07 506613.09 134 34 779975.86 506599.76 135 35 719977 79 506585,80 736 36 779979,05 506571.20 137 17 779979.05 506536.93 738 38 779977.15 506521.70 739 39 719974.61 506495.04 140 40 719973.34 506469.02 141 47 71997[180 5D5437.28 142 42 719970.80 505408.72 143 43 719970.17 506385.86 144 44 719958.90 506371.18 145 45 779955.09 506355.41 146 45 779961.92 506339.54 147 47 779953.03 506296.38 148 48 719951.13 506279.86 149 49 719949.66 506265.29 150 50 719948.59 506249.42 151 51 719941 32 506228.47 152 52 719945.42 506206.B9 153 53 719945.41 506190.39 754 54 719945.98 506178.17 155 55 719945.34 506167.79 756 56 719946.63 50614] 79 757 57 719950.87 506131.96 158 58 719945.00 506017.93 159 59 719902.95 505907.81 160 60 719945.00 505784.48 161 67 719966.44 505656 35 162 62 719949.01 505576.68 163 63 719904.20 505490.79 164 64 719823.28 505388.71 165 65 719725.81 505079.48 166 66 719691.35 505072.77 167 67 719647.04 505041.85 168 6B 719395.30 504764.63 169 69 719318.02 504773.24 170 70 719208.97 504699.61 171 71 719133.42 504696.12 172 72 719037.42 504723.50 173 73 718975.88 504785.14 174 74 718934.86 504660.42 175 75 718887.27 504691.29 176 76 718625.74 504891.29 177 77 718671.23 50486822 778 78 713592.63 504856.90 779 79 716355.31 504821.05 780 80 776298.16 504B1252 781 81 718260.17 50432870 182 82 718033.21 505353.86 183 83 717629.05 505376.26 184 84 717649.80 505408.63 185 65 717553.94 505436.02 186 86 717469.90 505455.89 187 87 717350.99 505556.77 188 88 717217.84 505708.64 189 89 718099.58 505775.86 190 90 716886.29 505814.67 791 91 716455.16 505882.53 192 92 716046.45 505838.10 193 93 715025.28 505737.27 194 94 715969.27 505607.80 195 95 715741.26 505392.54 196 96 71431420 50539185 797 97 774320.97 505754.99 198 98 714274.43 505779.31 199 99 714234.96 505802.82 NORTHING EASTING 773763.55 506100.38 773727.48 506125.22 713673.87 506749.50 713673.87 505923.61 773388.86 505923.51 713398.86 506225.76 713364.12 506226.78 713338.16 506227.68 772994.51 506234.03 712954.20 504053.33 772942.46 501375.04 778230.06 504798.88 718216.48 504794.36 778166.80 504783.17 718125.04 504773.66 718725.04 504773.66 718125.04 504773,66 718048.06 504719.32 717960.12 504657.25 777936.82 504638.02 717781.90 504510.25 717679.52 504425.77 717577.15 504390.75 717679.77 504388.19 717655.26 504318.50 717655.26 504318.49 777679.52 504769.46 777759.41 504041.67 777776.05 504015.03 7777B6.80 503997.84 717786.80 503997.84 718139.02 503995.09 778392.92 503995.20 718855.57 503995.43 719127.58 503995.57 719727.71 503995.57 719440.56 503995.72 779675.64 503995.81 719864.49 503995.93 719904.63 504110.84 719948.81 50423724 71994926 504238.54 719949.25 504238.54 719949.26 50423854 719949.26 504238.54 719947.29 504264.72 719948.37 504270.58 719950.39 504282.50 719955.80 504308.79 719960.90 504333.03 71996196 504338.18 719966.62 504359.83 719967.75 504368.53 719970.49 504369.99 719972.04 504408.55 719973.58 504428.65 719974.47 504438.19 719975.13 504446.44 719977.20 50445705 719980.54 504474.27 779932.74 504486.01 719985.18 504499.02 7199B9.05 504529.18 719989.82 504557.79 779989.82 504584.85 719989.82 504617.33 71999214 504655.22 71999756 504663.05 720002.20 504713.99 720005.00 504736.9] 720006.06 504745.70 720008.41 504754.92 720017.54 504790.84 720020.36 504846.78 720023.65 504922.06 71977751 50504872 719749.32 505065.49 723588.07 504774.23 723570.26 504715.04 723563.24 504777.14 723527.96 504743.19 72342703 50476277 723260.46 504860.42 723219.22 504884.74 72313J.30 504935.39 713088.17 504977.64 72J02JJ5 505000.52 722967.56 505006.97 722634.05 505032.86 722631.97 505033.02 722309.52 505225.23 722219.05 505195.76 722007.86 505126.98 721629.41 50500129 721645.99 504906.49 72166122 504818.41 721671.35 504759.83 721685.19 504579.75 POINT NUMBER NORTHING EASTING 200 727697.38 504609.31 201 721740.11 504362.17 202 721768.82 504339.41 203 721772.62 504340.16 204 721790.07 504343.61 205 721818.06 504349.15 206 721818.06 504349.15 207 721893,36 504350.09 208 722019.89 504378.48 209 722019.92 504378.48 210 722029.68 504J78.88 211 722101.13 504381.77 212 722775.61 504361.77 213 722257.00 50436158 274 722322.66 504349.15 215 722 ,385.82 504325.47 216 722426.85 504310.07 217 722514.49 504257.97 218 722524.49 504257.97 219 722547.47 504222.18 220 72155731 504140.75 221 712557.31 504140.75 222 721556.95 504138.04 223 722555.39 504133.23 124 712550.58 504118.40 225 722550.58 504116.40 226 712546.29 504102.46 227 722538.32 504072.86 226 722532.35 504050.72 229 722519.34 504029.89 230 722490.71 503972.62 231 722475.09 503930.97 232 722467.28 50353151 233 722472.48 503852.87 234 722495.97 503839.86 235 721515.96 503837.63 236 722579.34 503837.25 237 722613.06 503837.25 236 722660.67 503835.22 239 722757.64 503837.08 240 722833.45 503827.84 247 722977,63 503824.24 242 72J045 27 503819.71 243 723120.00 503677.05 244 723284.68 503911.22 245 72J423, 63 503809.39 246 723482.53 503808.62 247 723555.93 503802.54 248 72J58256 503801.95 249 723585.14 503801.86 253 712954.19 504051.23 254 712947.89 502613.35 155 714152.79 502586.86 256 714324.00 502528.47 257 714688.6J 502520.57 258 714896.54 502817.71 259 714958.93 503139.76 260 715248.26 503399.49 261 715418.72 503432.49 262 715505.05 503787.69 263 715532.16 503982.77 264 715632.38 504273.17 165 715550.42 504380.01 266 715466.94 504980.23 267 715479.68 505039.00 268 775572.70 505175.03 269 715777.35 505309.42 270 775716.99 505392.53 272 714107.96 505387.63 273 714088.51 505381.27 274 774081.15 505377.30 275 714074.08 505372.83 275 714064.11 505365.23 277 714057.36 505359.05 278 714058.09 505337.04 279 71405714 505323.59 281 714038.44 505272.66 282 714033.64 505208.16 263 714034.84 505122.69 285 714065.60 505102.11 186 714090.62 505094.70 288 71417983 505087.11 289 714203.06 505083.85 290 714251.86 505070.09 291 714286.65 505064.07 291 714300.57 505060.02 294 714367.43 505026.84 295 714383.24 505073.21 296 714405.37 504976.38 297 714412.85 504955.59 299 714417.56 50457159 COORDINATE TABLE 170 POINT NUMBER NORTHING EASTING 300 714413.04 504493.69 301 714409.24 504475.37 302 714404.45 504465.04 303 714370.65 504408.84 305 714267.04 504375.95 306 774257.32 504309.09 307 714247.05 504304.30 311 713761.57 504346.51 313 713146.15 504356.10 314 71313I.64 504J73.40 315 713707.70 504421.36 316 713088.01 504481.41 319 713112.75 505386.07 J22 713672.21 503928.26 323 713378.57 503922.70 324 713374.41 503922.10 325 713279.87 503915.93 326 713267.53 503890.02 327 713270.00 503832.03 328 713282.33 503704.95 329 713290.97 503664.24 J30 713300.84 503644.49 337 713320.58 503635.86 332 713371,76 5036J2.16 333 713535.49 503633.39 334 713578.24 503625.62 335 713602.00 503632.99 336 713602.00 503632.99 337 713606.05 503632.94 338 713626.74 503636.64 339 713647.89 503637.77 340 713676.08 503639.46 341 713712.17 503641.71 342 713752.49 503641.43 343 713775.62 503641.71 344 713778.16 503641.08 345 713782.01 50364J.26 346 713605.45 503640.79 347 713631.36 503638.33 348 773865.91 503637.09 349 713686.68 503629.69 350 713905.39 503622.29 351 71392.190 503621.05 352 713946.11 503623.52 353 713972.01 503625.99 354 713995.46 503632.16 355 714017.66 503632.15 356 774039.87 503627.22 357 714079.35 50361722 358 774091.69 503644.49 359 774099.09 503665.47 360 714101,56 503692.61 361 714106.50 503735.79 362 714108.96 503771,57 363 714110.20 50380118 364 714705.25 503854.24 365 714107.26 503893.23 366 714089.22 503924.56 367 714011.50 503930.73 368 713628.90 503929.50 369 713674.86 504033.00 370 712978.70 505377.38 371 713113.83 505376.97 372 713086.61 504510.21 373 713241.90 504316.43 374 71362738 504243.10 375 713931.97 504245.04 376 714234.99 504306.49 377 714407.96 504514.25 378 714415.57 504921.60 379 774334.90 505034.30 380 714081.71 505115.23 381 77404181 50517128 3B2 774041.74 505392.70 383 772954.79 50405125 3B4 712804.21 504055.04 385 723585.87 503843.87 JB7 713674.86 504033.00 388 778790.86 5CJ937. 19 SEE SHEETS 1 -4 FOR SIGNATURE AND NOTES. Jul 26, 2006 - 08:08:25 JCSOT`T \500.\03312 \SSA 9 \iH -21Avq Wilso_ nMiller ���� fLmarc.Gpnae- 6fayb9. yTeynA. LARW a MJbrcb.lrmA Y^LLn COmll wmam ff9 ,, ha A\Ib • F L1 . • 9s'ss4 • btlain . Fa •TSlslwe • R-cf,B ** NOT A SURVEY ** SECTIONS 12 AND 13. TOWNSHIP 4B SOUTH. PANGS 25 EIST AND SECTIONS 7 NJO IB. TOWNSHIP 48 SOUIN. RANGE 29 EAST COWfft COUNTY, FLORIDA PROJECT NO.: SHEET NUMBER: m_n4n4 EXHIBIT F 17D (I --e- I EXHIBIT w J 2 O 3 7 U � J d U a d t- W K U W cn m m Q [n y 17D c d low- mLL ¢a w x 0) N O. m F- V 7 s{MMN w N 07 m qm m m to7 Mn m o[ m vs N Q N a 'a O M [D O O M O O O O O O O O O O O O O O O N C? O M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 fp •C "' d r H. W lm.'. n 7 m m o m r m o 0 P O O 0 0 0 0 0 0 0 0 0 0 .- C`.- m` LU Q' nm O m N M o6 cm m a lO 7�--m roomy ooV 01 [1] N N O o cM M N N N m 01 6 O M O N:...� N N M M N N V N .0e::.Q .'y n m o o [n o M o 0 0 0 0 0 o n o 0 0 0 0 0 0 o N as 02 0 F- :.N o 0 0 0 0 0 0 0 0 o m It c0 Moo m o a m m o M m ,a 0 a V N N m M N N N _ A O F Noo'7oo. -o �cymNOOMwu;n u��co �no�v� LL' jp O ,H I X d d � C 17D c d low- mLL ¢a w x 0) N 170 Table 2 RESTORATION CREDIT CALCULATIONS Restoration Type Acres "R1" Credits 4.0 per acre "112" 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 691.4 2765.6 2765.6 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 Is¢nMM, Or SSA 9 Credit Agreement Exhibit F EXHIBIT G 17D 170 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, and C 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 17D 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; 17D 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. I. 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 C W3 M 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. The estimated annual costs of the land management measures for Restoration Areas A, B, and C are $15,000. 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. P. 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. q. In the event the Grantor fails to annually provide the Surety and fails to maintain the Restoration Areas pursuant to the land management 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. f� 17 EXHIBIT H 17D it H -1 EXHIBIT nil 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 -,Z— V day of �r d , 2007, by and between COLLIER COUNTY, a political subdivision of the State of FI rida, 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 170 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 Layers. 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 13.3.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. 17D 3. Natural Resource Index Assessment. A Natural Resource Index Assessment Worksheet ( "Worksheet') for BCI /BCP SSA 9 is attached to this Agreement as Exhibit 7 ". 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. 17D 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. Layers 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 W 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: By: , Assisfloht County Attorney WITNESS: �CVi.a -� C�t�ree✓ (Signature) CAROLYN A. SHAW i (Print full name) (Signature) D14v,c L . v161c1.l; (Print full name) WITNESS: (Signature) CAROLYN A. SHAW (Print full name) �f 6 ^aCL G (Signature) (Print full name) BARRON L ER INVESTMENTS, LTD. A o d i i Partner By: PaXJ. Marinelli Its Administrative Agent BARRON COLLIER INVESTMENT TD. A Florida Limited Partner ip By: / CA � � ) Katherine G. Sproul, Tr ee Juliet C. Sproul Testamentary Trust A General Partner WITNESS: (6�546atl- (Signature) CAROLYN A. SHAW (Print full name) (Signature) Dl*, c L (Print full name) WITNESS: (Signature) CAROLYN A. SHAW (Print full name) (Signature) �— (Print full name) M M M BARRON COLLIER PARTNER A/Florida General. PartnE Katherine G. Sproi Juliet C. Sproul Te A General Partner Trust STATE OF FLORIDA COUNTY OF COLLIER The for e oing Stewardship Sending Area Credit Agreement was executed this day of 2007, by Agent of BARRON COLLIER IN ESTMENTS, STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Sending this /?k day of the Juliet C. Spr ul Testam ntary INVESTMENTS, LTD. STATE OF FLORIDA COUNTY OF COLLIER 17D P before me HAUL J. MARINELLI, as Administrative LTD. U I • y� k Notary Public Name: SUSAN L. MATURO Certificate No. My Commission expires: -ow ft, Susan L Maturo s. My Commission DD343616 Vor r i Expires October 15. 2008 Area Credit Agreement was executed before me 2007, by KATHERINE G. SPROUL, as Trustee for Trust, a General Partner of BARRON COLLIER d�Y�Q�fu 4� Notary Public Name: SUSAN L. MATURO Certificate No. My Commission expires: ,µ Susan L Maturo My Commission DD343616 Expires October 15, 2008 The foregoing St d Sending Area Credit Agreement was executed before me this J-�— day of wardshi , 2007, by PAUL J. MARINELLI, as Administrative Agent of BARRO COLLIER PARTNERSHIP Notary Public Name: SUSAN L, MATURO Certificate No. My Commission expires: -owftw Susan L Malum _ My Commission D0343815 % ?'F 007 Expires October 15, 2008 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Ste ardship Sending Area Credit Agreement was executed before me this � day of , 2007, by KATHERINE G. SPROUL, as Trustee for the Juliet C. Spr 1 Testam ntary Trust, a General Partner of BARRON COLLIER PARTNERSHIP. -f— Notary Public Name: SUSAN L. MATURO Certificate No. My Commission expires: �yrt � Susan L Ma11a0 My Commmsm DD343615 V.1 I Expires October 15, 2008 170 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 EXHIBIT A 17D 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 89"44'55" WEST 2676.91 FEET TO THE SOUTH 1/4 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 89 024'56" 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); 7I26IIDOG 166933 Vel C4 JCSoT U3312 5D< -000. MRM 28783 17D iql 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 506355.41 726/2006- 165933 VB,: 01! -JCSoT 033112-504 -NO- V WRK - 28763 17D DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND iS 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 712N2006- 165933 Ver 011 -JCS.l 03312 -SN 040 - MIRK 26763 17D 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 °5628" WEST. 7/2612006165933 Ver; 011- JC607Tr 0331,2- 504�UD�V RK -287B3 17D l 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: ]/2&2006- 165 33 Vor: 611 -JCSOT 03312504- fD -"RK 21111 ®/sn i//er° New Directions M Planting, Design & Engineenng DESCRIPT7 OF LAN0.5 LVINGWO'HIN 0N SOEF NS 12 AND 13 TOwN6Hm 4850UTH. RANGED FAST AND SECTIDNS 7AND 78 TOWNSHIP 48 SOUTH, RANGE 29 FAS,, COLLIERCDUNTY. FLORIDA SHEET OF 17D 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.2cL�� ��/� DATE QI 8-Od BRADLEY E. STOCI:HAM, 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 -2131. 2W& 1f 933 V1r. CJLJG:Di, on'250.fD00.MN,I 21]83 PREPARED BY: BRADLEY E. STOCKHAM. P.S.M. L.! 0 O O N I w U N GENERAL NOTES: 1. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED. 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH BY44'55" WEST. 4. CERTIFICATE OF AUTHORIZATION BLB -43 S. SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF RECORD. 6. THIS SKETCH MAY HAVE BEEN REDUCED. J. SEE ATTACHED FOR LEGAL DESCRIPTION 8, POINTS ARE SEOUENTAL AND LABELED INCREMEHTM,LY, INTERMEDMTE POINT LABELS ARE OMITTED FOR CURITY. 9. REFERENCE WILSONMILLER PCOOCS NUMBER 165933 FOR DESCRIPTION 70. SEE SHEET 5 FOR COORDINATE TABLE. ABBREVIATIONS: O.R. - OFFICIAL RECORD BOOK C.E. = COLLIER ENTERPRISES, LTD B.C.I. BARRON COLLIER INVESTMENTS LTD B.C.P. = BARRON COLLIER PARTNERSHIP ROW - RIGHT OF WAY P.O.C. = POINT OF COMMENCEMENT P.O.B. - POINT OF BEGINNING CO.C. COLLIER DEVELOPMENT CORPORATION 0 500 1000 200D 4000 PARCEL DESCRIBED SSA# 9 GRAPHIC SCALE 789.40 ACRES +/- JW 26. 2006 - 68:06:25 JCSOTTX \SUR \0331 Z\Sy 9 \1H- 21.E.9 ** NOT A SURVEY ** .. CLIENT: � v o�Mi//e� .� �+ TITLE: O• a WOOF SECTIONS 12 MD 13 TOWNSHIP 46 SOUTH. RANGE 26 E T AND SECTIONS T AND 18, TOWNSHIP 49 SOUTH, RANGE 29 EAST WAIA. • PJ916CF. • E4WgW SMITH • I.IM A-W... T,.V Ma Cov.Tenla COLLIER COUNTY, FLORIDA MacnWer, 1w.. A' FH/pW'. • SWW • BgnM •TW -T. -PoIIMH ON BMN DATE. PROJECT SHEET NUMBER: FILE NO.: N4N.A M546dr6`%WZ' ^ 2J9'6Ni049 Fac 2ESU -sT6• WNr9L MM..awnircm 3/06 03312- PO4 -OD0 -21000 1 OF 5 IN -27$7 POINT POINT NUMBER NORTHING EASTING NUMBER NORTHING EASTING 1 712804.21 504055.04 t00 713763.55 506100.38 2 712792.47 507378.16 101 713711.48 506125.22 3 712942.46 501375.04 102 71367J.87 506149.50 4 715479.80 501322.29 103 713673.87 505923.61 5 715493.38 503014.91 104 713388.86 505923.67 6 718180.95 502959.36 105 713388.86 506225.18 7 778779.40 50280773 106 713364.22 506226.76 8 723566.61 502737.98 707 713338.78 506127.68 9 723585.87 503843.87 708 712994.51 506234.03 70 72359077 505837.49 109 712954,20 504053.33 11 723456.97 505803.24 110 712942,46 507375.04 12 723343.69 505794,53 713 718230.06 504798.68 13 722818.37 505940.99 174 718218.48 504794,36 14 722805.79 505900.91 115 718166.80 504783.17 15 722790.98 505905.32 116 718125.04 504773.66 16 721395.56 506304.78 177 718125.04 504773.66 17 720754.42 506495.37 118 718125.04 504773 66 78 720744.79 506485.88 179 718048.06 504719.32 19 720738.29 506476,77 120 717960.12 504657.25 20 720733.37 506469.00 121 71793682 504638 21 720726.50 506467.21 122 717761.90 -02 504510.25 22 720581.62 506458.06 123 71767952 504425.77 23 72DJ7709 506558.20 124 717677.75 504390.75 24 720365.21 50656J.26 125 777670.77 504388.19 25 720334.55 506574.66 126 777655.26 504318.50 26 720303.21 506584.07 127 777655.26 504J18.49 27 720271.33 506591.39 128 717679.52 504169.46 28 720239.03 506596.61 129 717759.41 504041.67 29 720237.25 505596.84 IJO 717776.06 504015.03 30 71998700 506628.01 131 717786.80 50399784 31 71995771 506629.81 132 717786.BO 503997.84 32 779970.17 505623.25 133 718169.02 503995,09 33 719972.07 506613.09 134 718392.92 503995.20 34 719975.88 50659976 135 716855.57 503995.43 35 71997779 506585.80 736 719127,58 503995.57 36 779979.06 506571.20 137 71972771 503995.57 37 719979.06 506536.93 138 719440.56 50399572 3B 77997715 50652170 139 779675.64 503995.81 39 719974.61 506495.04 140 719864.49 503995.93 40 779973.34 506469.02 141 719904.63 50411084 47 719970.80 506437.28 142 719948.81 50423724 42 779970.80 50540872 143 719949.26 504238.54 43 77997017 505385.88 144 779949.26 504238.54 44 779958.90 506377.18 145 719949.26 504238.54 45 779965.09 506355.41 146 779949.26 504238.54 46 719961.92 506339.54 147 71994719 504264.72 47 719953.03 506296.33 148 719948.31 504270.58 48 719957.13 506279.85 749 719950.39 504282.50 49 719949 86 506265.29 150 719955.80 50430879 50 719948.59 506249.42 751 719960.90 504333.03 51 77994232 506228.47 152 779961.98 504338.18 52 719945.42 505206.89 753 719966.62 504359.83 53 779945.42 506190.39 154 71996775 504368.63 54 719945.98 506176.11 155 719970.49 504389.99 55 719945.34 50676779 755 779972.04 504408.55 56 719946.63 506147 79 157 719973.58 504428.65 57 719950.87 506137.96 158 719974.41 504438, 79 58 719945.00 506077.93 159 719975.13 504446 59 719902.95 505907.81 760 719977.20 -44 504457.06 60 719945.00 505784.48 761 719980.54 504474.27 61 719966.44 505656.35 762 719962 74 504485.01 52 719949.01 505576.68 163 779965.18 504499.02 63 719904.20 505490.79 164 719989.05 504529.18 64 719823.28 50538871 165 719989.82 504557,79 65 719725.8] 505079.48 166 779989.82 504584.85 66 719691.35 505072.77 767 719989.82 5046233 67 719647.04 505041.85 768 719992.74 504655.21 68 719396.BO 504764.63 169 719997.56 50468J.05 69 719318.02 504713.24 170 720002.20 504713.99 70 779208.97 504699.61 771 720005.00 504736.97 71 719133.42 504696.12 172 720006.06 504745,70 72 71903742 504723.50 173 720008.41 504754.92 73 718975.88 504785.14 174 720017.54 504790.84 74 718934.85 504860.42 175 720020.36 504846.78 75 718887.27 504891.29 176 72002165 504922.06 76 7t8825.74 504691.29 777 71977751 505048,72 77 718671.23 50486821 778 719749.32 505065.49 78 718592.63 504856.90 179 723588.01 504714.23 79 718355.31 504B21.05 780 723570.28 504715.04 80 718298.16 504812.52 781 723563.24 504717.14 81 718260.17 50482870 182 723521.96 504743.79 62 718033,21 505353.86 783 72342703 50476277 83 717819.05 505376.26 184 72326048 504860.42 84 717649.80 505408.6) 185 723279.22 504884.74 85 717553.94 505436.02 186 723733.30 504935.39 86 717469.90 505465.89 187 723088.17 504977.64 87 777J60.99 50555677 188 72302J.35 505000 52 88 777217.84 505708.64 189 72296756 505006.97 89 71709958 505775.86 790 722634.05 505032.86 90 776886 29 505824.67 191 7276J1.97 505033.02 91 716456.16 505882.53 192 722309.52 505125.23 92 716046.45 505838.10 193 722219.05 505195.76 93 71602528 505737.27 194 722007.86 505126.98 94 715969.27 505607.80 195 727629.41 505003,29 95 715741.26 505J92.54 196 721645.99 504906.49 96 714317.20 505391.85 797 721661.21 504818.41 97 714320.97 505754.99 196 721671.35 504759.83 98 714274.43 505779.71 199 721685.19 50467976 99 714234.96 505802.82 POINT NUMBER NORTHING EASTING 200 721697.38 504609.31 201 721740.71 504362.17 202 721768.82 504339.41 203 721772.62 504340.76 204 721790.07 504343.61 205 721818.06 504349.15 206 721818.06 504349.15 207 721893.35 504360.09 208 722079.89 504378.48 209 722079.92 504378.48 210 72202968 50437B.8B 217 722101.13 5043B 1.77 212 722176.61 504381.77 213 722267.00 504361.58 214 722322.66 504349 -15 215 722385.82 504325.47 216 722426.86 504310.07 217 722524,49 504257.97 218 722524.49 50425797 219 722547.47 504222.18 220 722557.31 504140.75 221 722557.31 504740.75 222 722556.95 504138.04 223 722555.39 504133.23 224 722550.58 504118.40 225 71255058 504716.40 226 722546.29 504102.46 227 722538.32 504072.86 228 712532.35 504050.72 229 722519.34 504029.89 130 72249071 503972.62 231 722475.09 503930.97 232 722467.28 503881.51 233 722472.48 503852.87 234 722495.91 503839.86 235 722575.95 503837.63 236 722579.34 503837.25 237 722613.06 503BJ1.25 238 722560.61 503835.22 239 722751.64 503631.08 240 722833.45 503827.84 141 72291763 503824.24 242 72304527 503819.71 243 723120.00 503817.06 244 723284,68 503811.22 245 72J423.63 503809.39 246 723462.53 503808.62 247 723565,93 503802.54 248 723582.56 503801.95 149 723565.14 50380186 253 772954.19 504057.23 254 712947.89 502613.35 255 714152.79 502586.86 256 714324.00 502528.47 257 714688.6) 502520.57 256 714896.54 50281771 259 774958.93 503139.76 260 715248.26 503399.49 261 715418.12 503431.49 262 71550505 503787.69 263 77553210 503982.77 264 715632.38 504273. It 265 715650.42 504380.01 266 715466.94 504980.23 267 715479.68 505039.00 268 715572.70 505175.03 269 715717,35 505309.42 270 715716.99 505392.53 272 714103.96 505387.53 273 774088.51 505381.27 274 714081.15 50537730 275 774074.08 505372.63 276 77406417 505365.23 277 71405735 505359.05 278 774058.09 50533704 279 714057.14 505313.59 281 71403844 505272.68 282 714033.64 505208.16 283 714034.84 505122.69 285 774065.60 505102.11 285 714090.62 505094.70 288 714179.83 505087.11 289 714203.05 505083.85 290 714251.86 505070.09 191 71428665 505064 -07 292 714300.57 505060.02 294 714367.43 505026.84 295 714383.24 505013.21 295 714405.37 504976.38 297 714412.85 504955.59 299 774417.56 504571.59 COORDINATE TABLE W POINT NUMBER NORTHING EASTING 300 71441104 504493.69 301 774409.24 504475.31 302 714404,45 504465.04 303 714370.65 504408.84 305 71426704 504315.95 306 714257.32 504309.09 307 714247.05 504304.30 311 713161.51 504346.51 313 713146.15 504356.10 314 713731.64 504373.40 315 713107.70 504421.36 316 713088.01 504481.41 319 713712.75 505366,07 322 713672.21 503928,26 323 713378.57 503922.10 324 713314.41 503922.10 325 713279.87 503915.93 326 713267.53 503090.02 327 713270.00 503832.03 328 713782.33 503704.95 729 713290.97 503664.24 330 713300.84 503644.49 331 713320.58 503635.86 332 713371.15 503632.16 333 713536.49 503633.39 334 71357814 503616.62 335 713602.00 503631.99 335 713602.00 503671.99 337 713606.05 503631.94 338 71361674 503636.64 339 713647,69 503637.77 340 713676.08 503639.46 341 713712.17 503641.71 342 713752.49 503641.43 343 713775.62 50364171 344 713778.18 503641.OB 345 713782.01 503643.26 346 713605.45 503640.79 347 713831.36 503638.33 348 713865.91 503637.09 349 713886.88 503629.69 350 713905.39 503622.29 357 713923.90 503621.05 352 713946.11 503623.52 353 713972.01 503625.99 354 713995.46 503632.15 355 714017.66 503632.76 356 714039.87 50361722 357 714079.35 503627.22 358 714091.69 503644.49 359 714099.09 503665.47 360 774101.56 503692.61 361 714106.50 503735.79 362 714108.96 503771.57 363 714110.20 503801.18 364 774105.26 503854.24 365 714107.26 503897.2) 366 774089.22 503924.56 367 774011.50 50393073 368 713828.90 503929.50 369 713674.85 504033.00 370 71297870 50537738 371 713113.83 505376.97 372 713086.61 504510.21 373 713241.90 504316.43 374 71362738 504243.10 375 713932.97 504245.04 376 714234.99 50430649 377 774407.96 504574.25 378 774415.51 504921.60 379 7143J4.90 5050.34.30 380 71408271 505115.23 Jel 714041.81 505771.28 JB2 714041.74 50539270 383 712954.19 504051.25 384 712804.21 504055.04 385 723585.87 503843.87 387 713674.86 504033.00 388 718190.86 507931.19 SEE SHEETS 1 -4 FOR SIGNATURE AND NOTES, Jw 26 , 2006 - 0e:Oe:15 JCSOT -ASUR \03312\59, 9 \1H -z Lawg WilsonMiller �'e°4' F+98e^T' ftAyB4' ' le�rMtllb.9. TrxiW <Wi Cae.Irtle �'IM� kIG %O6WyLWq!]J�8L. 6eN NWe'eemb•BtleM •ierye•,Were. Mnfpd A NMW PorN J0.5ffi7. Bue i6fi4iVJIJ • Fe4 SB W 9tl. NNr� wzMxntamn ** NOT A SURVEY ** SECTIONS 12 AND 13. TOWNSHIP 49 SOUTH, FMNCE 26 EAST AND SECTIONS 7 MO 18, TOWNSHIP 49 50,,1X, P NE 29 G T COLIJER CO. . 110FOIA PROJECT NO.: SHEET NUM6E6 3/06 03312 - -PD4 -000 -21000 5 OF 5 iH -21St EXHIBIT B w FSA Bp 1 Camp is A. Strand Fl.. lowway MA FSA SSA 9 - CREDIT AGREEMENT !y / /s6nMiller - L X I I J B I J 13 - L O C A I ]ON MAP EXHIBIT C 17D 0 y.. ! { I� 3 ! :$!i FI q{ -- SSA 9 - CREDIT AGREEMENT WilSOMiller L X771E7F C: RETAINED LAND USES EXHIBIT D 170 Y r 1 it IQ 1 .Q��.....�.y.�..s,�..�. YY _ SSA 9 - CREDIT AGREEMENT WilsnnMiller e - - -- - - -- — - - FXJA1 11 I D - RESTORATION AREAS V \ V \ A \ � I V A V \ \ `rk r 1 l r 1 it IQ 1 .Q��.....�.y.�..s,�..�. YY _ SSA 9 - CREDIT AGREEMENT WilsnnMiller e - - -- - - -- — - - FXJA1 11 I D - RESTORATION AREAS EXHIBIT E 17D m 1 ii LINE I LENGTH I BEARING T -'8 -S 6 NOl'27.02 "W PREPARED BY: B.C.I. W W P.O.B. 1 138.56 7 C17 C.R. BOOK 2433 ( PARCEL "A' N5913'12 E /// 307.52 PAGE 2779 co N W Nw CORNER OF SECTION 7 C19 270.30 'LEY E. STGCKHAM, P.S.M. LS.jj6390 DATE 81-02-28" ( ��. N51- 17.31 "W POINT NUMBER 9 N89 "51'3YE - QED 11- 13 -0'6 - ADDED PARCEL 'Cr NB9'DO'09 "E SSA 9 OVERALL PARCEL CONTAINS 789.40 ACRES +/- GRAPHIC SCALE / 1997.62' 65 -- 1106.06' "W 42.45} A S 8i51'37 "W/ 821. 0.R. BOOK INTERMEDIATE POINT LABELS ARE OMITTED FOR CLARITY. PARCEL 'Er CONTAINS 50.08 ACRES +/- 89"00'10 42AS± ACRES 870.76'111 // PAGE PJ9- ** NOT A SURVEY ** 82 B 42.02' \ 53 ea 2795 B6 LINE TABLE ii LINE I LENGTH I BEARING -101 720.89 NOl'27.02 "W L102 104.77 SBB'32'SB"W CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING C15 74.20 1 58.90 1 7710'38" 69.39 SSS52'47'E CIS 148.47 1 115.10 1 7S16'12" 1 138.56 S5C25'34'E C17 292.07 216.10 1 77-26.16" 1 270.34 N5913'12 E CIS 307.52 791.10 1 2716'21" 1 305.59 N0021.53YE C19 270.30 191.10 1 81-02-28" 1 248.32 N51- 17.31 "W 0 O O N II W J U 0 POINT 501"1 12 PAC PARCEL ' B" SW CORNER OF SECTION 7 589"24'56 'W 151.63' C.D.C. O.R. 1537 PAGE 749 13 4 ro b 387 374 . O'2J'07 ' W 2 9-44'55'-w---1 I / IL - 1/4 CORNE �L 2150.04. P.O.C. o. BGP. 92 1 p O.R. BOOK 1900 U PAGE 179 -184 PARCEL "C" CONTAINS 125.46 +/- ACRES (TOTAL) LESS 5.5 ACRE LAKE PARCEL 119.91± ACRES (NET) 9T LANDS RESERVED FOR EARTH MINING AND 2 ROCESSING USES CONTAINS IDS 50.08 ACRES 02 253 WELL ROAD I' RIGHT -OF -WAY) BE CORNER OF SW CORNER OF jj ARCEL "A SECTION 13 SECTION 18 1. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS ASBREVATIONS: OTIERWISE NOTED. O.R. = OFFICIAL RECORD BOOK 42.20± 42.201 C.E. = COLLIER ENTERPRISES, LTD 15 ORES 1 B.C.P. = BARRON COLLIER PARTNERSHIP TOWNSHIP 48 SOUTH. RANGE 29 EAST, COLLIER COUNTY, FLORIDA n 2 B.C.P. O.R. BOOK P.O.C. a POINT OF COMMENCEMENT 2009 PAGE 3. CERTIFICATE OF AUTHORIZATION 8LB -43 P.O.B. POINT OF BEGINNING 29 1546 -1553 5. SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF 31 1000 2000 4000 6 59 SSA 9 OVERALL PARCEL CONTAINS 789.40 ACRES +/- GRAPHIC SCALE FARCE "B' 65 CONTAINS Q RESTORATION PARCEL "B CONTAINS 42.45 ACRES +/- 70 42.45} A RES P.O.B 16 INTERMEDIATE POINT LABELS ARE OMITTED FOR CLARITY. PARCEL 'Er CONTAINS 50.08 ACRES +/- L REFERENCE WILSONMILLER PCDOCS NUMBER 168962 FOR DESCRIPTION L9 RESTORATION PARCEL "D" CONTAINS 529.21 NET. ACRES +/- 42AS± ACRES 78 Jw 26. 2006 - 0508:37 JCSOmIx \SUR\03312\SSA 9\IH -21 e.9 ** NOT A SURVEY ** 82 NO 1'33'17"W 53 ea 63.34' B6 B6 PARCEL "O" \ CONTAINS N?� 9D ,529.21± ACRES 387 374 . O'2J'07 ' W 2 9-44'55'-w---1 I / IL - 1/4 CORNE �L 2150.04. P.O.C. o. BGP. 92 1 p O.R. BOOK 1900 U PAGE 179 -184 PARCEL "C" CONTAINS 125.46 +/- ACRES (TOTAL) LESS 5.5 ACRE LAKE PARCEL 119.91± ACRES (NET) 9T LANDS RESERVED FOR EARTH MINING AND 2 ROCESSING USES CONTAINS IDS 50.08 ACRES 02 253 WELL ROAD I' RIGHT -OF -WAY) WilsonMillei PLrrivr . 6/19irerlr . Ccebgl6 . Srwlwe . L +^-WrePS MrkRecb . Tre Hefin Caren N WI Inc. Alylx.FM Mrye SeisaNa.9etlaM1. T%'IV4• RL+WUWe.FLVm Cb/&sd 3N0 R lI-W RAW . NPpi fMi 7258`47. Rve LDitl -pU .far 2P 64 -S7G. W�SM mmuwrmU•'.rnn :LIENI: BARWN COLQE NVESI1FIiI5 t 51JUM COUJER PARTNERSIMP TITLE SKETCH OF DESCRIPTION OF PART OF SECTION 12, TOWNSHIP 48 SOUTH RFNGE 25 E/ST AND SECTIONS 7 AND 18. TOWNSHIP 48 SOUTH, RANGE 29 UST COLLIER COUNIV, FLORIDL DATE. EE PROJECT NO SHT NUMBER. FILE NO 3/06 03312 -PO4- 000 -210DO 2 OF 5 111 -21$2 BE CORNER OF SW CORNER OF GENERAL NOTES: SECTION 13 SECTION 18 1. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS ASBREVATIONS: OTIERWISE 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.0 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 8544'55' WEST. P.O.C. a POINT OF COMMENCEMENT 3. CERTIFICATE OF AUTHORIZATION 8LB -43 P.O.B. POINT OF BEGINNING 5. SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF CO.0 COLLIER DEVELOPMENT CORPORATION D 500 1000 2000 4000 RECORD. SSA 9 OVERALL PARCEL CONTAINS 789.40 ACRES +/- GRAPHIC SCALE s. THIS SKETCH MAY HAVE BEEN REDUCED. 'T RESTORATION PARCEL "A" CONTAINS 42.20 ACRES +/- T. SEE ATTACHED FOR LEGAL DESCRIPTION Q RESTORATION PARCEL "B CONTAINS 42.45 ACRES +/- 1, POINTS ARE SEQUENTIAL AND LABELED INCREMENTALLY. EZ RESTORATION PARCEL "C" CONTAINS 119.91 NET ACRES +/- (125.45 GROSS ACRES + / -) INTERMEDIATE POINT LABELS ARE OMITTED FOR CLARITY. LANDS RESERVED FOR EARTH MINING AND PROCESSING USES CONTAINS 50.08 ACRES +/- L REFERENCE WILSONMILLER PCDOCS NUMBER 168962 FOR DESCRIPTION L9 RESTORATION PARCEL "D" CONTAINS 529.21 NET. ACRES +/- I0. .SEE SHEET 5 FOR COORDINATE TABLE. Jw 26. 2006 - 0508:37 JCSOmIx \SUR\03312\SSA 9\IH -21 e.9 ** NOT A SURVEY ** WilsonMillei PLrrivr . 6/19irerlr . Ccebgl6 . Srwlwe . L +^-WrePS MrkRecb . Tre Hefin Caren N WI Inc. Alylx.FM Mrye SeisaNa.9etlaM1. T%'IV4• RL+WUWe.FLVm Cb/&sd 3N0 R lI-W RAW . NPpi fMi 7258`47. Rve LDitl -pU .far 2P 64 -S7G. W�SM mmuwrmU•'.rnn :LIENI: BARWN COLQE NVESI1FIiI5 t 51JUM COUJER PARTNERSIMP TITLE SKETCH OF DESCRIPTION OF PART OF SECTION 12, TOWNSHIP 48 SOUTH RFNGE 25 E/ST AND SECTIONS 7 AND 18. TOWNSHIP 48 SOUTH, RANGE 29 UST COLLIER COUNIV, FLORIDL DATE. EE PROJECT NO SHT NUMBER. FILE NO 3/06 03312 -PO4- 000 -210DO 2 OF 5 111 -21$2 r 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 °51'32" 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, FASTING 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 91612006 -A6856 Ver: 01!- BSTOCKHA D., 03312 -000 ODD -- 0 170 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 50438177 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 WWOOS 176866 v¢,: 04 BSTDCK A clan ovia000 -000.. 0 17D DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 LAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIOA 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 °0010" 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 73OWNSHIP 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); 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 9/6200 5176566 Ver: 011 BSMOC HA O]312 -000- 000 -.0 170 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 9,B/2006- 176668 Ve, 011 BSTOCKKA 9331] - 000.080 - -0 170 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 30044'52" 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 9191200E 176MG Ve, 01!- BSTYCKHA Cr 3 03313 - 000006 -0 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 54 025'34" WEST FOR 138.56 FEET (TO POINT NUMBER 378, NORTHING 714415.51, EASTING 504921.60); THENCE S.88 056'20 "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; 916200E 176866 Ver 09- 95TOCKHA 033112 -000 ODO. . 0 17D DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 46 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 °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 °32'58" 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 9IB13W617B856 Vor 011. 6STOCKHA 0301'2- 000 -000 -- 0 17D DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 4B 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 50364171 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 BIB200F 176866 Ver: 01 L BSTOCKHA 03312 - 000 - 000.0 17 D 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 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. 9/82006 176866 Ver. OP. BSTOCKHA 03312- DDD�000 - -0 N Wilson lllero 17D New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP48SOUTH, RANGENEAST AND SECTIONS ]AND 10 TOWNSHIP48 SOUTH, RANGE 29 EAST, COLDER COUNTY, FLORIDA SHEET100F10 BY� fJGf���.�1�G DATE ?-e-OZ 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 S1 ib..,,o- Hess¢ vcr. ml- esoca> aw aa�2�ooa- 000-.o lilt LINE TABLE T -48-S 6 PREPARED BY: r 9 C W W P.O.S. O.R. BOOK 2493 PM A CEL' PAGE 2]]9 Nw ]20.89 CTIONNR]OF BRADLEY E. ST KHAM, P.S.M. L.S.g6 390 DATE POINT NUMBER 9 ,89'51'32 "E BB632'S8'W 1993.62- 7316'1 ' 3895171 "W &CJ O.R. BOOK 89'00'10 "W 810.J6' 2493 PAGE 2779- 554' S' 4 "E 4202' . JBS 2796 292.07 249 9 7T26'16' 245 ARCEL 'A' NfiP 13'12" ONTAINS 307.52 e 42.201 22'I6'2t' RES NOP21'S3 "E 0 Z]4 1 2]0.30 B.C.P. O.R. 192 81'02'28' 212 BOOK N51'i2'31'W 1546 PAGE 154fi 02 CURVE TABLE PZEL DESCRIBED MAD ACRES i OVERALL CURVE man B.C.I. O.R. O�ry B.C.P. O.R. BOOK BOOK 2493 53044'52 "E 2009 PAGE �j0. PAGE 2779 27.36' 1546 -1553 vima 151 176 FARCE 65 CON NS NS 2 132 - TO 42.453 AIRES PA•C PA.B PARCEL 'O 4 PARCEL 16 42.151 ACRES SW CORNER OF ES SECTION ] TB 1 - -- I NDI'33'1 YW 1] v o p 21 83.34' x3 x t2] C.D.C. D.R. 1537 p PAGE 749 C.R. BOOK 2545 O PAGE 596 N 13 U B.C.P. If OR. BOOK 1900 1p C7 PAGE 179 -184 262 65 269 LJ 261 PARCEL "C' J Q O p 259 CONTAINS �'a o 119.913 ACRES (TOTAL) 0 PAL& �^ m ` - LESS 5.5 ACRE LAKE PARCEL 5.551 ACRE LAKE PARCEL m� T]6o POINT NUMBER 322 ° }8 x510 }81 382 0 11 e 3B] 374 J]3 ] 20 j1l n 2 - P.O.B. PARCEL -C 09 POINT NUMBER 253 N,pt'2]'OYW. OIL WELL ROAD 150.04' 100, (100' RIGHT -OF -WAY) P.O.G. PARCEL C' SW CORNER OF GENERAL NOTES: 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. - 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 65T. 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 PLB -43 P.O.B. = POINT OF BEGINNING S. SUBJECT i0 CASEMENTS. RESTRICTIONS AND RESERVATIONS OF C.D.C. - COLLIER DEVELOPMENT CORPORATION 0 500 l0O 2000 4000 RECORD. GRAPHIC SCALE 6. THIS SKETCH MAY HAVE BEEN REDUCED. 7. SEE ATTACHED FOR LEGAL DESCRIPTION RESTORATION PARCEL "A" CONTAINING 42.20 ACRES +/- 8. POINTS ME SEOUENTML AND LABELED INCREMENTALLY. RESTORATION PARCEL "B" CONTAINING 42.45 ACRES +/- INTERMEDIATE POINT LABELS ME OMITTED FOR CLARITY RESTORATION PARCEL "C" CONTAINING 119.91 NET. ACRES +/- 9. REFERENCE WKSONMILLER PCDOCS NUMBER 158962 FOR DESCRIPTION < ♦ NOT A SURVEY 10. SEE SHEET 5 FOR COORDINATE TMLE. J,i 26, 2006 - 08:09:37 SSOr Ix: \SUR \011Q \SSA 9 \lu_y,4.9 F drR Jai. ®••a CLIENT: caiErt MIESIIENIS Z 91RIIOM OOLLER PARIIF,I�F Wilson Miller TITLE SKETCH OF DESCRIPTpN OF PARE OF - SECTOR 12, rWNSHP 43 SWAB. WME 28 FAST F4mds' LpnWf' EKkNYaly • SnnJVt • LMSryeArtilGCb • TiuApa'feLal CPyY1pM AND SECTIONS ] M'D 18, TOWNSHIP 45 SOUTH. RANGE 29 EAST COLLIER COUNTY. FLORIDA NhOnAfkr, Inc. DATE: PROJEC( NO_ SHEET NUMBER; FILE NO.: N� - F VWr•SVeN• BV1Mm•T". TWU .Px Cty& �] A'srfq TYrr1W J(L6dS9•Rpn � 6W� .%9s W- S/K•KH.sb IWe.�i.niram 3 /06 03312 -PO4- 000 -210DO lli�$1$Z 2 OF 5 LINE TABLE LINE LENGTH BEARING L101 ]20.89 NO1'27'OYW L102 104.77 BB632'S8'W LENGTH RADIUS DELTA CHORD CHORD BEARING C15 74.20 58.90 2210' }8' 69.39 55552'4YE CI6 148.47 116.10 7316'1 ' 138.56 554' S' 4 "E CI7 292.07 216.10 7T26'16' 270.34 NfiP 13'12" C18 307.52 791.10 22'I6'2t' 305.59 NOP21'S3 "E C19 2]0.30 191.10 81'02'28' 248. }2 N51'i2'31'W 1r D POINT POINT POINT POINT NUMBER NORTHING FASTING NUMBER NORTHING FASTING NUMBER NORTHING FASTING NUMBER NORTHING FASTING 1 712804.21 504055.04 100 713763.55 506101 200 721697.38 504609.31 300 7144)3.04 504493.69 2 772792.47 501378.15 701 713721.48 506125.22 201 721740.11 504362.17 301 714409.24 504475.31 3 712942.46 501375.04 702 713673.87 506149.50 202 721768.82 504339.41 302 714404.45 504455.04 4 715479.80 501322.29 103 713673.87 50592,161 203 721772.62 504340.16 J03 714370.65 504408.84 5 715493.38 503014.91 104 713388.85 501 204 721790.07 504343.61 305 714257.04 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 713354.22 50622678 206 72181806 504349.15 307 714247.05 504304.30 8 723566.67 502737.98 107 713338.18 506227.68 207 721893.36 504360.09 312 713167.51 504346.51 9 723585.87 503843.87 709 712994.57 506234.03 208 722019.89 504378 48 313 773146.75 501 10 723590.77 505837.49 109 712954.10 504053.33 209 722019.92 504378.46 374 713131.64 504373.40 11 723456.97 50580J.24 110 771942.46 501375.04 210 722029.68 504378.88 315 71310770 504421.36 72 723343.69 505794.53 113 778230.06 504798.88 117 722101.13 504381.77 316 71301 504481.41 73 722818.37 505940.99 114 718218.48 504794.36 212 722776.61 504381.77 319 71311275 505JB6.07 14 722605.79 505900.91 115 718766.80 504783.17 213 72226700 504361.58 322 7136722) 503928.26 15 722790.98 505905.32 116 718725.04 504773.66 214 722322.66 504349.15 323 713378.57 503922.70 16 721395.56 506304.78 117 778125.04 504773.66 215 722385.82 504325.47 324 713314.41 503922.10 77 720754.42 506495.37 118 718125.04 504773.66 216 722426.66 504310.07 J25 713279.87 503975.93 18 720744.79 506485.88 119 718048.06 504719.31 277 722524.49 50425797 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 7207.53.37 506469.00 121 717936.82 504538.02 279 72254747 50118 328 713282.33 501 27 71072650 50646721 122 717761.90 504510.25 220 72255231 504140,75 329 713290.97 503664.24 22 72053762 506468.06 123 717679.52 504425.77 221 72255231 504140,75 JJO 713300.84 503644.49 23 72037709 50655B.20 124 717571.15 504390.15 222 722556.95 504738.04 J31 713320.58 503635.86 24 720365.21 506563.26 125 717670.71 504368.19 223 722555.39 504133.23 3J2 773371.16 503632.16 25 7201 506574.68 126 71765526 504318.50 224 722550.58 504118.40 333 713536.49 503633.39 26 720303.21 505584.07 127 717655.26 504318.49 225 722550.58 504118.40 3J4 713576.24 503626.62 27 720271.33 506591.39 128 777679.52 504169.46 226 712546.29 504102 46 335 773502.00 503632.99 28 720239.03 506596.67 129 717759.41 504041.67 227 722538.J2 504072.86 336 713602.00 503632.99 29 720237.25 506596.64 130 717776.06 504015.03 128 721532.35 504050.72 337 713606.05 503632.94 30 71998200 506628.01 137 71778680 50399284 229 712519.34 504029.89 338 713626.74 503636.64 11 719967.71 506629.81 132 717766.80 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 713676.08 503639.46 33 719972.07 506613.09 134 718392.92 503995.20 232 72246728 503891.51 341 713711. s7 503641,71 34 719975.88 506599.75 135 718855.57 503995.43 233 722472.48 50385287 342 713752.49 503641.43 35 719977,79 506585.80 IJ6 779727.58 503995.57 234 722495.97 503839.86 343 713775.62 501 36 719979.06 501 137 719727.71 503995.57 235 712515.96 50383763 344 713776.18 503641.06 J7 779979.06 506536.93 738 719440.56 503995.72 235 722519.34 50383725 345 713762.01 503643.26 36 779977.15 50652170 139 779615.64 501 237 722613.06 503837.25 346 773805.45 50354079 39 719974.61 506495.04 140 719864.49 503995.93 236 722660.61 503835.22 347 713831.36 503638.33 40 719973.34 505469.02 141 719904.63 504710.64 239 72275764 503837.09 348 713855.91 503637.09 47 719970.80 505437.25 142 719948.81 504237.24 240 72283345 503527.84 349 713886.88 503629.69 42 719970.80 506408.72 143 719949,26 504138.54 241 722917,63 503824.24 350 713905.39 50362229 43 719970.17 501 144 779949.16 504238.54 242 723045.27 5031119.71 351 713923.90 50361105 44 779966.90 506371.16 145 779949.26 504238.54 243 723120.00 503877.06 352 713946.11 503623.52 45 719965.09 506355.41 146 719949.26 504238.54 244 72J184.68 503811.22 J53 713972.01 503625.99 45 779961.92 505339.54 147 719947.29 504264.72 245 72342263 503809.39 354 713995.46 503632.16 47 719953.03 505295.38 148 719948.31 504270.58 246 723482.53 5031 J55 774017.66 503632.16 49 719957.13 506279.88 749 779950.39 504282.50 247 72J565.93 503801 356 714039.87 503627,22 49 719949.86 506265.29 750 71995580 504308.79 248 723582.56 503801.95 357 714079.35 503627.22 50 719948.59 506249.42 151 719960.90 504J33.OJ 249 723585.14 501 358 71409769 503644.49 51 719947,32 505226.47 152 779961.96 504338.18 253 712954.19 504051.23 359 774099.09 503665.47 52 719945.42 501 753 7191 504359.83 254 712947,89 50260.35 J60 774101.56 503692.61 53 719945.42 506190.39 754 719967.75 504368.53 255 714152.79 502586.86 367 714106.50 503735.79 54 719945.98 506178.1) 155 719970.49 504389.99 256 714324.00 502528.47 362 714108.96 50377157 55 719945.34 501 156 719972.04 504408.55 257 714688.63 502520.57 363 714110.20 503807.18 56 779946.53 506147,79 157 71997)58 504428.65 256 71489654 501 364 774105.16 503854.24 57 719950.87 506131.96 158 719974.47 504438.79 259 714958.93 503739.75 365 714107.25 503893.23 58 719945.00 506017,93 759 719975.13 504446.44 260 715248.25 503399.49 366 714089.12 503924.56 59 719901 505907.81 160 719977.20 50445206 261 715418.12 50343249 J67 71401150 50393073 60 719945.00 505784.48 161 719980.54 504474.27 262 715505.05 503787.69 358 713828.90 503929.50 61 779966.44 505656.35 162 719982.74 50448601 263 715532.10 503982.77 369 713674.86 504033.00 62 719949.01 505576.66 163 719985.16 504499.02 264 715532.38 504273.11 370 712978.70 505377.J8 53 719904.20 505490.79 164 719989.05 504519.18 265 775650.42 504380.01 377 713113.83 605376.97 64 779823.28 50171 765 719989.82 504557.79 266 715466.94 504980.23 372 713086.61 504510.21 65 719725.81 505079.48 166 719989.62 504584.85 267 715479.68 505039.00 373 773241.90 504316.43 66 719691.35 505072.71 157 719989.82 504677.33 258 715572,70 505175.03 374 713627.3B 504243.10 67 71964704 50504185 168 719992.14 504655.22 269 715717.35 505301 375 713931.97 504245.04 68 719396.60 504764.63 169 719997.56 504683.06 270 715776.99 505392.53 J76 714234.99 504306.49 69 779318.02 50471.124 170 720002.10 504713.99 272 774103.96 50535753 377 714407,95 501 70 719208 97 504599.67 171 720005.00 504736.97 273 774088.51 505381.27 378 714415.51 504921.60 71 719133.42 504696.12 172 720006.06 50474570 274 714UB 115 50537730 279 714334.90 505034.30 22 779037.42 504723.50 173 720008.41 504754.92 275 774074.08 505372.83 380 7140171 505115.23 73 778975.88 504765.14 174 720017.54 504790.84 276 714064.17 505365.23 381 77404181 501 74 718934.86 504860.42 175 7200201 501 277 714057.36 505359.05 J82 77404174 505392.70 75 718887.27 504897.29 776 720023.65 504922.06 278 714058.09 505337.04 383 7)2954.)9 50405/25 76 718815,74 504891.29 177 719777.51 505048.72 279 714057.14 505323.59 384 712804.21 504055.04 77 718671.23 50486822 178 719749.32 505055.49 281 714038.44 505272.68 3I5 723585.87 50384387 78 718592.63 504856.90 779 723588 01 504714.23 282 714033.64 505208.16 387 713674.86 504033.00 79 778355.31 504821.05 180 723570.28 504715.04 283 714034.84 505121.69 388 77819085 503931.19 80 718298.76 504812.52 187 72356124 504777.14 185 714065.60 505102.11 By 778260.17 504,528.70 182 723527.96 504743.19 286 77401 505094.70 62 71803-121 505J5386 783 723427.03 504762.77 286 714179.83 505087.11 63 717829.05 505376.26 184 723260.48 504860.42 289 714203.06 50501 84 717649.60 505408.63 185 723219.22 504884.74 290 774251.86 505070.09 85 777553.94 505436.02 786 723133.30 504935.39 291 714286.55 501 S5 717469.90 505465.89 187 723066.17 504977.64 292 714300.57 505060.01 87 717360.99 50555677 188 723023.35 505000.52 294 774367.43 505026.84 BB 777277.84 505708.64 789 72296756 505006.97 295 774383.24 50501221 89 777099.58 505775.86 190 722634.05 50503286 296 714405.37 504976.38 90 776886.29 505824.67 191 72263191 505033.02 297 714412.85 50495559 97 716456.16 50588253 192 722309.52 505215.23 299 714417,56 504571.59 92 716046.45 505838.10 193 722219.05 50519576 93 776025.28 505 J -ZD 194 722007.86 505126.98 94 715969.27 50560780 795 721629.41 505003.29 95 715741.26 505392.54 196 721545.99 504906.49 SEE SHEETS 1 -4 FOR SIGNATURE AND NOTES. 96 714J17.20 505391.85 197 721561.22 504878.41 COORDINATE TABLE 97 714320197 505754 99 798 72167135 504759.83 98 714274.43 501 199 721635.19 504679.76 99 714234.96 50580282 *# NOT A SURVEY ## Jul 26. ]pp6 - 019 8,25 JC50ity X \SIIP \p3L 3 \SSA 9 \1X -]LOwg 4 e CLIENT: 1J a � P WilsostMiller NLE SKETCH OF DESCRIPTION OF PMT OF SECTIONS 12 AND 13, TOWNSHIP 49 $O $8 EAST • AND SECTIONS ] AND 16, TOWNSHIP 49 SpAi H. SOUTH. . RAN CE 29 FAST {$T3[ • EV�41s � 6C9ipb 91bfOl • IIlYLC1(O.VCiA•b • Tralvq»'IeGn LO'MILY COLLIER COIINN, FLORIDA wkO2M%8fi UIG rvrnlv4 •.. B.e.en . 47+47 • rw.®4. Fw,. rh sNa DATE. PROJECT NO.: SHEET NUMBER: FILE NO.: sav7>.tr14+s sa7aro . Alpb{Rai4 i465ffi7Rae ZBdBJilY1•FU 266tl- 9e•YNsr w.ilunlbmm 3/06 D } }t2 -PO4-000-21000 s nr s 1H -21S1 EXHIBIT F 17 D j EXHIBIT ---e - t F Z O 5 7 U r .l U W L) U W Q m rn a V7 N �y � •- O N � O O m 0 i� N � c7 0 (D 0 m 7 m � m N N N� � N (V f� m N n W �{ N lV mm cm� I� m W (p I� Mmm O rn vl V fir; U� V fp lc� m CA h r y O O O N M m t0 m N I� m 7 � OJ of O m M. 7 h O O M N m m N V N V N m T N1 gby 1-1a](P m n 4` ��Qa VM14 mss.i ' N O o M (D N O o O o N m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N Mimi m N o o N o 0 0 0 0 0 0 o N o 0 0 o io 0 V W v'. r 7 m m O m .- N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ;2 006 O O O 66 N y Why., m CA V N N m 7 M aD V (P (D a .- W O N N m y m m N O� O a- O� o N O O O O O O O O O O N V (O M O O CA O V 01 O> O m IB �a 0 F- w O O W a 0 E 0 0 d N O m O r '- N (y V O V O O N co O 6 o 0 0 Yf 44 N N m N N N U) 2 m O F 0 0 0 0 0 , O ; N OJ N O O co Ci N 1- (O N O I(> ya LL jp � O ( ~ F .- N m V N M 7 1 0 0 0 0 0 N N N N N N N N f! m w C � > E E v C d �LL fi�a a L N % m m Table 2 RESTORATION CREDIT CALCULATIONS Rstorat�on Type Acres,' �R�Credits R2° "Credits S6 8.0 Earl Ent Bonus Credits ` 4Y0` er'acre er,acre ; 2286.0 Cre M. nf Flow Way 571.5 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 691.4 2765.6 2765.6 5531.2 Table 3 STEWARDSHIP CREDITS GENERATED Credit Source - Credits - Base Credits 1552.2 Slou h Strand U rade 8.0 Earl Ent Bonus Credits 155.2 Restoration Credits 5531.2 Total 7246.6 I IIs6�Nliller SSA 9 Credit Agreement Exhibit F EXHIBIT G 170 EXHIBIT 17 D ' 'a� EXHIBIT G RESTORATION PROGRAM 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, and C 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 V., 1s 170 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; 17 D 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. j. 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. I. 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 17D : "$ 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. The estimated annual costs of the land management measures for Restoration Areas A, B, and C are $15,000. 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. P. 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. q. In the event the Grantor fails to annually provide the Surety and fails to maintain the Restoration Areas pursuant to the land management 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. 1 EXHIBIT H 170 1. ifR I EXHIBIT 17D NOTE SSA 9 CREDIT AGREEMENT "EXHIBIT H" IS THE STEWARDHIP EASEMENT AGREEMENT AND ALL INCLUDED EXHIBITS PLEASE SEE STEWARDHIP EASEMENT AGREEMENT EXHIBIT I 17D l SSA 9 - C R F D I T AGREEMENT G x 11 b: t I - 2 0 0 6 N R I S c o r e s Wilsoamiller EXHIBIT nn _�_ f D 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 13't'day of VT;Zk,4 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 "7D 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. E 17D f. Agriculture - Support Uses, also described as Land Use layer 6 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 3 l7D 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. 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. 9 17 D 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. 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. 5 M 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 tp� day of JPwvp%,y 2007. C 170 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 F: \wpdocs \LIT\GLV \New Town Development\Ave Maria \Legal Docs from 7 -05 on \WORD -SSA 9 Easement Agreement 11 -13 -06 (2).doc 17D GRANTEES' ACCEPTANCE OF STEWARDSHIP EASEMENT WITNESS: FLORIDA DEPARTMENT OF AGRICULTURE AND GQNS-UMER AFFAIR$n �' h n,S-fn A kxc s rev Name l Signature 0 170 STATE OF FLORIDA I COUNTY OF ,,Ea,j The fo re goin Stewardship Easement Agreement was executed before me this ` day of of the Florida Department of Agriculture and Consumer Affairs. Karen A. Meyer Commission # DD346679 ��;bpExpires October 20, 2008 �r, BontlM TmY Fen.IMUianu,lnc. 000J6S.]O�Y APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: eff i' ht Assis ant County Attorney DOUGLAS E. BAIRN (Print full name) LLL L L� 1..� �� � L�"✓l/ (Signature) CAROLYNA. SHAW (Print full name) Public Name It Certificat No. My Commission BOARD OF C UNTYGOMMISSIONERS COLLIER NTY L By: ames Coletta, Chairman Gd�t�F�i �_�� CCihrCLE�4; _ Attes P83 Cle CEro�9.iy� .g.. BARRON COLLIER INVESTMENTS, "J. Marinelli inistrative Agent WITNESS: (Signature) CAROLYNA. SHAW (Print full name) (Signature) %flit /� G. 1��.' ✓�'�f�/ (Print full name) WITNESS: (Signature) CAROLYN A. SHAW (Print full name) (Signature) a,44lE . V16,t1661 (Print full name) BARRON COLLIER INVE f,Florida Limited P Katherine G. Spy Juliet C. Sproul A General Partner a W J. Marinelli nistrative Agent T L Trust 179 170 WITNESS: (Signature) CAROLYN A. SHAW (Print full name) (Signature) DIIW16 Z. %/2,95�� (Print full name) STATE OF FLORIDA COUNTY OF COLLIER BARRON COLLIER PARTNERSHIP, A Florida eneral Partn er ship By: % � y//lU I Katherine G. Sproul, ustee Juliet C. Sproul Test entary A General Partner st The fore ing Stewardship Easement Agreement was executed before me this / / day of 200$1, by PAUL J. MARINELLI, as Administrative Agent of BARRO OLLIER INVESTMENTS, LTD. n Of ' ®rC Notary Public Name: SUSAN L. MATURO Certificate No. My Commission expires: gJV.r P%� Susan L Maturo My Commission DD343616 aP flzpues Odooer 15, 2008 170 STATE OF FLORIDA COUNTY OF COLLIER p The foregoing Stewardship Easement Agreement was executed before me this // tG day of 7 , 200177, by KATHERINE G. SPROUL, as Trustee for the Juliet C. Sprou estamen ary Trust, a General Partner of BA RON COLLIER INVESTMENTS, L D. %�,u�/n �j • ���(.(- �(l-c) Notary Public SUSAN L.MATURO Name: STATE OF FLORIDA COUNTY OF COLLIER Certificate No. My Commission expires: e% Susan L Maturo My Commission D0343616 �?" n� Expires October 15. 2008 The foregoing Stewardship Easement Agreement was executed before me this l9 "F day of_, 200gr by PAUL J. MARINELLI, as Administrative Agent of BARROU COLLIEk PARTNE SHIP - Ag4� c)CA-4." Notary Public Name: SUSAN L.MATURO Certificate No. STATE OF FLORIDA COUNTY OF COLLIER My Commission expires: AW II Susan L Maturo !_ My Commission DD343616 ?or n Expires October 15. 2008 The fore oing Stewardship Easement Agreement was executed before me this ) i � day of 20017, by KATHERINE G. SPROUL, as Trustee for the Juliet C. Spro Testame tary Trust, a General Partner of BARRON COLLIER PARTNERSHIP. Notary Public Name: SUSAN L.MATURO Certificate No. My Commission expires .ow% Susan L Maturo _ My Commission DD343618 or no° Expses Ocnooer 15.2008 170 r 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 Y< 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 89024'56" 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 00044'30" 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); 72&2006165933 Ver'011 -JCSOT 03312 -SO-WC MRK -26763 17 9 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH. RANGE 29 FAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 2 OF 6 THENCE ALONG SAID SOUTH LINE NORTH 89000'09" 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 72612006 - 165933 Ver: 011-JCSOTTV 03312.604- 000 -YW RK 28763 170 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, FASTING 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'. Dl!. JCSDTIY ,3312 -504 NO YARN- 28783 Im 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. ]/2.2008 - 1135933 V- D1r.DCSGT 03312 -SO4 U0 MRK -28]133 170 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 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. 3. COORDINATE BASIS: 112N3D06- 165933 Vo. oP.- JCSOm 03312- SO4�040� V RK 28783 IlS it ill f c 170 NEW Directions In Planning, Design & Engineering DESCRIMON OF IANOS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP48 SOUTH, RANGE 29 EAST ANO SECTIONS 7AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNT'. FLORIDA SHEET 6 OF 6 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 "i DATE 'I-8-06 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 1H- 21.S1. !WFtEaE33 Va; 01!- JC�OTtV a o33uso; -wa wvruc -ze;aa PREPARED BY: ff ?",t'j, "�'r Q CA BRADLEY E. STOCKHAM, P.S.M. L.S. O O O N I w U N GENERAL NOTE$: 1. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED. 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. 3. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH 9744.55' WEST. 4. CERTIFICATE OF AUTHORIZATION /LB -43 5. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. 6. THIS SKETCH MAY HAVE BEEN REDUCED. 7. SEE ATTACHED FOR LEGAL DESCRIPTION S. POINTS ARE SEQUENTIAL AND LABELED INCREMENTALLY. INTERMEDIATE POINT LABELS ARE OMITTED FOR CLARHY. 9. REFERENCE WILSONMILLER PCDCCS NUMBER 165933 FOR DESCRIPTION 10, SEE SHEET 5 FOR COORDINATE TABLE. SECTION 13 ABBREVMTIONS: OR. - OFFICIAL RECORD BOOK C.E. - COLLIER ENTERPRISES. LTD B.C.A. - BARRON COLLIER INVESTMENTS LTD B.C.P. = BABRON COLLIER PARTNERSHIP ROM = RIGHT OF WAY P.O.C. = POINT OF COMMENCEMENT P.O.B. - POINT OF BEGINNING C.O.C. COLLIER DEVELOPMENT CORPORATION 0 500 1000 2000 4000 PARCEL DESCRIBED SSA# g GRAPHIC SCALE 789.40 ACRES +/- Jul 26, 3006 - 0808:25 JCSOTTYIx: \SLIR\03312 \SSA 9 \1H -21 Ewy ** NOT A SURVEY ** w CLIENT: �� R t �M MM*RDW IN/Iso�Miller N TITLE: , OF D` PWN OF PAW OF SECVO S 12 AND 13, TOWNSHIP 48 SOL7H. RANGE 28 EAST AND SECTIONS 7 AND 18. TOWNSHIP 48 SWTH. RANGE 29 EAST FLvAxYS• BVHC79'Ebb AAL <)ae• Lan]f."Eya A oWi .. T..pg.6 Col .o COLLIER COUNTY, FLORIDA NsoDMW,, kw.. k FvtAA'A4•A2wh •BeMbl• TUW.W.Teition•PVwne Ct/ aMm DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: NwbafiAi6 aq?564Z•Hearo 1A 619.4090•FU 2W e4,OW. Wa M. lnnMlaAiham 3/06 03312 -PO4- 000 -21000 1 OF 5 1N -21SI NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER 170 1 POINT POINT POINT POINT 506100.38 200 NUMBER 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 712792.47 501378.16 101 717721.48 506125.22 201 721740.11 504362.17 301 714409.24 504475.31 J 712942.46 501375.04 101 713573.87 505149.50 202 721768.62 504339.41 302 714404.45 504465.04 4 715479.80 501322.29 fOJ 713673.87 505923.61 203 721772.61 504340.16 303 714370.65 504408.84 5 715493.78 503014.91 104 713388.66 505923.61 204 721790.07 504343.61 305 714267.04 504315,95 6 718180.95 502959.36 105 71J389.86 506225.18 205 721818.06 504349.15 306 714257.32 7 718179,40 501 106 713J64.22 506116.78 206 721818.06 504349.15 504J09.09 8 723566.61 502737.98 107 713336.18 50622766 207 721893.36 504360,09 307 311 714247,05 713161,51 504304.30 9 723585.87 503843.87 108 712994.51 506234.03 208 712019.89 50437848 313 713146.15 504346.51 10 72359077 50583]49 109 772954.20 504053.33 209 722019.92 504378.48 504356.10 11 723456.97 505603.24 110 712942.45 501375.04 210 722029.66 504378.68 314 315 713131.64 713107.70 50073.40 12 723343.69 505794.53 113 716230.06 504798.BB 211 722101.13 504381.77 316 713088.01 504421.36 504481.41 13 722818.37 505940.99 114 718218.48 504794.36 212 721176.61 504381.77 14 722805.79 505900.91 115 718166.80 504783.17 213 722267.00 504361.58 319 713112.75 505386.07 15 722790.98 505905.32 116 718125.04 504773.66 214 722J22.66 504349.15 322 71367221 503928.26 16 721395.56 506304.78 117 718125.04 504773.66 215 722385.82 504325.47 J23 713378.57 503922,10 17 720754.42 506495.37 118 718125.04 504773.65 216 722426.86 504310.07 324 713314.41 503912.10 IB 720744.19 506485.88 119 718048.06 504719.31 217 722524.49 504257.97 325 713279.87 503915.93 19 720738.29 506475.77 120 717960.11 504657.25 118 722524.49 504257.97 316 713267.53 503890.01 20 710733 37 506469.00 121 717935 82 501 219 722547.47 504221. IS 327 713270.00 501 21 71072650 501 121 717781.90 504510.25 220 722557.31 504140.75 328 329 713282.33 503704 95 22 720581.62 506468.06 123 717679.52 504425.77 211 712557.31 504140.75 713190.97 503664.24 23 710377.09 506558.20 124 ]176]1.15 504390.15 222 712556.95 504138.04 330 713300.84 503644.49 14 720365.21 506563.26 125 717670.71 504388.19 223 722555.39 504133.23 331 713320.58 503635.86 25 720334.55 5065]4.68 126 717655.26 504318.50 224 722550.58 504118.40 332 333 713371.16 713536.49 503632.16 51 26 720303.21 506584.07 127 717655.26 504318,49 225 721550.58 504118.40 J34 713578.24 503626.62 27 720271.33 506591.39 128 717679.51 504169.46 226 712546.29 504102.46 J35 713602.00 503631.99 18 720239.03 506596 61 129 717759.41 504041.67 227 722538.32 504072.86 335 713602.00 503632.99 29 7202JZ25 506596.84 130 717776.06 504015.03 226 722532.35 504050.72 337 ]13606.05 503632.94 30 71998700 501 131 71778680 503997.84 229 722519.34 504029.89 338 713626.74 503636.64 11 719967 71 506619.81 132 71778680 503997.64 230 722490.71 503972.62 339 713647.89 503637.77 32 719970.17 505623.25 133 716169.02 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 71371217 50364171 34 719975.88 506599.76 135 718855.57 503995.43 233 711472.48 502852.67 342 713752.49 503641.43 35 71997779 506585.80 136 719127.58 503995.57 234 722495.91 503839.86 343 713775.62 503641.71 36 719979.06 505571.20 137 71912771 503995.57 235 712515.96 503837.63 344 713778.18 503641.08 37 719979.05 501 138 719440.56 503995.72 236 721519.34 SOJ837.25 345 713782.01 50364J.26 38 71997715 506521.70 139 719615.64 503995.81 237 722613.06 50383725 346 713805.45 503640.79 39 719974.61 506495.04 140 719864.49 503995.93 238 722560.61 503035.22 347 713831.36 501 40 719973.34 506469.02 141 719904.63 504110.64 239 722757.64 503631.08 348 713855.91 503637.09 41 719970.80 506437.28 142 719948.81 5042]7.24 240 722833.45 50382784 349 713886.88 503619.69 42 719970.80 505408.72 143 719949.26 5042J8.54 241 722917.63 503824.24 350 713905.39 503622.29 43 719970.17 505385.88 144 719949.26 501 242 723045.27 50JIlI971 351 713923.90 503621.05 44 719958.90 5063]3,18 145 719949.26 504238.54 243 723120.00 503817.06 352 713946.17 501 45 719965.09 506355.41 146 719949.26 504238.54 244 723284.68 503811.21 353 713972.01 501 46 719961.92 506339.54 147 719947.29 504264.72 245 72J423.63 503609.39 354 713995.46 5116 47 719953.03 506296.38 148 719948.31 504270.58 246 723462.53 50J808.61 355 714017.66 503632.16 48 719951.13 505279.68 149 719950.39 501 247 72J565.93 503802.54 356 714039.87 50362722 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 714091.69 503644.49 51 719947.32 506228.47 152 719967.98 504338.18 253 712954.19 504051.23 359 ]19099.09 50]665.47 52 719945.42 506206.69 153 719966.61 504359.83 254 712947.89 502613.35 360 714101.56 503691.61 53 719945.42 506190.39 154 719967.75 504368.63 255 714152.79 502586.86 361 714106.56 50379579 54 719945.98 506178.11 155 719970.49 504389.99 256 719J24.00 50252647 362 ]14108.96 503771.57 55 ]]9945.34 506167]9 156 719972.04 504408.55 257 714688.63 501520.57 363 714110.20 50380 L 18 56 719946.6) 506147.79 157 71997J.58 504428.65 258 714896.54 502817.71 364 714105.26 503854.24 57 719950.87 506131.96 158 719974.41 504438.19 259 714958.93 503139.76 365 714107.26 503893.23 58 719945.00 505017.93 159 719975.13 504446.44 260 71524816 503399.49 366 71401 503914.56 59 719902.95 505907.81 160 719977.20 504457.06 261 715418.12 503432.49 367 714011.50 503930.73 60 719945.00 505784.48 151 719980.54 504474.27 262 715505.05 503787.69 368 713628.90 50391 61 719966.44 505656.35 162 719992 74 504486,01 263 715532.10 501 369 713674.86 50403J,00 62 719949.01 505576.68 163 719965.18 504499102 264 715632.38 504273.11 370 712978.70 505377.38 63 719904.20 505490.79 164 719989.05 50452918 265 715650141 504380.01 371 713113.83 505376.97 64 719813.26 505388.71 165 719989.82 504557.79 266 715466.94 504980.23 372 713086.61 504510.21 65 71972561 505079.48 166 719989.82 504584.85 267 715479.68 505039.00 373 713241.90 504316.43 66 719691.35 505072 71 167 719989.82 501 268 715572.70 505175.03 374 713627.38 504143.10 67 719647.04 505041.85 168 719992.14 504655.22 269 71571735 505309.42 375 113971.97 504245.04 68 719396.60 504764.63 169 719997.56 504683.06 270 715]16.99 505392.53 376 714234.99 504306.49 69 719318.02 504713.24 170 720002.20 504713.99 272 714103.95 50538763 377 71440796 504514.15 70 719108.91 504699.61 1.71 720005.00 504736.97 273 714088.51 505381.27 378 714415.51 504921.60 71 719133.42 504696.12 172 720006.06 504]45.]0 274 714051.15 505377,30 U79 714334.90 505034.30 72 7191 504723.50 173 720008.41 504754.92 275 714074.08 505371.83 300 714082.71 505115.23 73 718975.68 504785.14 174 720017.54 504790.84 276 714064.11 505365.23 381 714041.61 505171.28 74 718934.86 504860.42 175 720020.36 504846.78 277 714057.36 505359.05 381 71404174 505392.70 75 71866727 504891.29 176 720023.65 504912.06 278 714058.09 505337.04 383 712954.19 504051.25 76 718815.74 504891.29 177 71977751 505048.]2 279 714057.14 505323.59 384 712804.21 504055.04 77 718671.23 504668.22 178 719749.32 505065.49 181 714038.44 505272.68 385 723585.87 503843.87 78 718592.63 504856.90 179 723588.01 504714.2) 181 714033.54 505208.16 387 713674.85 501 79 718355.31 504821.05 ISO 723570.18 504715.04 283 714034.64 505122.69 388 718190.86 503931.19 80 ]18290.15 50481252 181 723563.24 504717.14 285 714065.60 505102.11 81 718260.17 504828.70 182 72352X96 504743.19 286 714090.62 50509470 82 716033.21 505J53.86 183 ]2342].03 504762.77 286 714179.83 505087.11 83 717829.05 505376.26 184 72]260.48 504860.42 269 714203.06 505083.85 84 717549.80 505408.63 185 723219.22 504884.74 290 714251.96 505070.09 85 717557.94 505436.02 186 723173.30 504935.39 291 714286.65 505064.07 86 717469.90 501 187 ]23086.1] 504977.64 292 714301 505050.02 87 717360.99 505556.77 188 723023.35 505000.52 294 714367.43 50501 66 717217.84 505708.64 189 722967.55 505005.97 295 71438324 505013.21 89 717099.58 505775.86 190 722634.05 505032.86 296 714405.37 504976.38 90 716886.29 505824.67 191 7226J1.97 505003.02 297 714412.85 504955.59 91 716456.16 505882.53 192 711309.52 505225.23 299 71441756 504571.59 92 716046.45 505838.10 19J 722219.05 505195.76 93 716025.28 5057J7.27 194 72201 505126.98 94 715969.27 50560].80 195 721629.41 50500329 95 715741.26 501 196 721645.99 50490649 SEE SHEETS 1 FOR SIGNATURE 96 714317.20 505391.85 1 97 721661.22 504818.41 COORDINATE TABLE -4 AND NOTES. 97 714320.97 505754.99 198 721671.35 504759.83 98 714274.43 505779.31 199 721685.19 5046]9.]6 99 714234.96 505802.82 ## NOT A SURVEY #* _. Jul 26, 2006 - 089825 JCSOiTjL \SUR\033IZ SSA 9 \1H- 2l,dwg WilsgnMiller � . Eryneee • EMuphb • 9ilspn - I+MSWMdIMb . Tivepa6�R C Iv6 wkmvi6r, i14% .ffitl 0611+'14 f1b BD . Fvt Y7v4 • 9rm6 . BW1n . T6'T • TYYean • Paw4 tlTN A A'4"6a Fbi4 Jf[G -6R7 • Flure u- 9a9ena. w m- ca -.96. ras. F...wv116.me SECTIONS 12 AND 11 LOWNSHIP 49 SOUTH, RANGE 25 EAST AND SECTIONS 7 AND 18. TP NSxIP 68 SDUTN. RANGE 29 EAST COWER COUNTY, FLORIDA PROJECT NO.: SHEET NUN 3/06 03312 -PO4- 000 -21000 1 nc t9-21S1 FSA k' r'✓ ✓0' y 1 Camp Keai $hantl Flowway wartlsh 1p Area (FSA) hL MA t FSA W A [ i HSA e SSA 9 - EASEMENT AGREEMENT W) /�nMiller -- I N i l 1 13 1 l R - I- O C A 9 I O N M A P 00 I ' c i Al ` J :v d: i t is �c rr� _ I � i I I 1 Lam_ '�• .�,.:_ _ ,_ -. .. mwl 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 89-44,55" WEST 2676.91 FEET TO THE SOUTH Y< 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 89032'26" 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 89024'56" 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 00044'30" 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); 8111&2006 168958 Vec 011- TOBBORNE 03312- W0.000 -- 0 EXHIBIT 9 D 17D 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 W15 20 0 6.158955 Vel 01!- TOSBORNE 03312- 000.000 - -0 i DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 413 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 W1520M 168958 Ver 014- TOSSORNE D33112 -000 -000 — 0 17 D I 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 01 003'33" 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 89 044'55" 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 °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); 81192005 16 8958 Ven 011- T056ORNE 03312 -D00- 000 - -0 1711-3 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 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 51017'31" WEST FOR 248.32 FEET (POINT NUMBER 373, NORTHING 713241.90, EASTING 504316.43); THENCE N.10 046'18 "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 °13'12 EAST 270.34 FEET (POINT NUMBER 377, NORTHING 714407.96, EASTING 504514.25); THENCE N.88 056'20 "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 54 025'34" 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 81Y2006- 168956 Ver: 011-TOSSORNE 03312- 000..000 - -0 17D 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 01 003'33" 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. SSA 9 - LANDS RESERVED FOR AG2 GROUP USES CONTAINS 739.32 ACRES SUBJECT TO 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 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. WW20M 16e958 ve,: 011 TOSBORNE 0331 FKI WIISOHI M%llef New Directions In Planning, Design & Engineering 1` DES=PTIONOFLANDS SECTION 18 TOWNSHIP MO KRANGE29F T, COWER COUMfY, FLORIDA SHEET OF 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 +1- 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 Led a4k DATE 'P-0G BRADLEY E. 'TOCKHAM, P.S.M. PSM.#8390 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. &,..A00.1 >d3N ver O11- JCSOTry n 03312L030'Y} -0 CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING C15 74.20 58.90 7 10'387 69.39 1 C16 148.47 116.10 7516'1 ' T -48-S 6 1 D PREPARED BY: 1 292.07 B o. R 2a93 W 1 '1 2E C18 F 1 791.10 2716'21' PAGG . 277 E 2779 1 N00'2l'53"E 0 O 1 191.10 1 81'02'28' 1 248.32 1 N5l'17' l'W 0 500 1000 20DO 4000 GENERAL NOTEgRAPHIC SCALE 1. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. UNLESS OTHERMSE NOTED. RADLEY E. ST KHAM, P.S.M. LS.j6330 GATE N1106 SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. 93.6, 199 3, BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13. 06'BE TOWNSHIP 48 SOUTH. RANGE 29 EAST, COOLER COUNP, FLORIDA IN89-51-32'E C9. 4. CERTIFICATE OF AUMORIZATION 10 -43 5. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF PAGE 2779- RECORD. 6. THIS SKETCH MAY HAVE BEEN REDUCED. 7. 9 S. CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING C15 74.20 58.90 7 10'387 69.39 553'52'47' C16 148.47 116.10 7516'1 ' 138.55 S54'25'34'E C17 1 292.07 1 215.10 7726'16' 1 270.34 1 '1 2E C18 1307.52 1 791.10 2716'21' 1 305.59 1 N00'2l'53"E CIS 1270.30 1 191.10 1 81'02'28' 1 248.32 1 N5l'17' l'W 12 589'24'56"W 151.63' C.D.C. O.R. 1537 O PAGE 749 O N 13 78 387 374 BJ 13 B.C.P. O.R. BOOK 2009 PAGE 1546 -1553 A B.C.P 1 p O R. BOOK 1900 O PAGE 179 -184 LANDS RESERVED FOR EARTH MINING AND PROCESSING USE CONTAINS 50.08± ACRES 5H97691'W/ / II 4 \ NO1'27'02"W\ 150.04' W P.O.C. ERA 0 F.0.6 J v EARTH MINING AND PROCESSING U 7 SECTION 18 U a u EII E► E so" I 1'18 "E 150.01' 1/4 CORNE 0 500 1000 20DO 4000 GENERAL NOTEgRAPHIC SCALE 1. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. UNLESS OTHERMSE NOTED. 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. 3, BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13. TOWNSHIP 48 SOUTH. RANGE 29 EAST, COOLER COUNP, FLORIDA BEING SOUTH 8744'55 WEST. 4. CERTIFICATE OF AUMORIZATION 10 -43 5. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. 6. THIS SKETCH MAY HAVE BEEN REDUCED. 7. SEE ATTACHED FOR LEGAL DESCRIPTION S. POINTS ARE SEQUENTIAL MO LIBELED INCREMENTALLY. INTERMEDIATE POINT LABELS ARE OMITTED MR CLARITY. 9. REFERENCE WILSONMILLER PCDOCS NUMBER 168958 FOR DESCRIPTION 10. SEE SHEET 5 FOR COORDIATE TABLE. 78 387 374 BJ 13 B.C.P. O.R. BOOK 2009 PAGE 1546 -1553 A B.C.P 1 p O R. BOOK 1900 O PAGE 179 -184 LANDS RESERVED FOR EARTH MINING AND PROCESSING USE CONTAINS 50.08± ACRES 5H97691'W/ / L Lon. WELL ROAD 2676.91' 1 \ NO1'27'02"W\ 150.04' IDO' Pia (100' RIGHT -OF -WAY) P.O.C. ERA 0 F.0.6 EARTH MINING AND PROCESSING USES PARCEL SECTION CON. SE CORNER OF EARTH MINING AND PROCESSING SECTION 13 USES PARCEL SW CORNER OF SECTION 18 ABBREVATQNS: O.R. - OFFICIAL RECORD BOOK C.E. - COOUER ENTERPRISES. LTD B.C.I. BARRON COU.IER INVESTMENTS LTD B.C.P. = BARRON COLDER PARTNERSHIP R.O.W = RIGHT OF WAY P.O.C. POINT OF COMMENCEMENT P.O.B. P01NT OF BEGINNING C.D.C. COLLIER DEVELOPMENT CORPORATION SSA# 9 LANDS RESERVED FOR AG2 GROUP USES CONTAINING 739.32 ACRES +/- J,I 26. 7006 - 05 MAI JCS0mjX.\SUF\033I2\SSA 9\1H- 2l.a.q Wilsdam ller _.-_ Hmm - 6paen . EcabpeN . s7WwN . LW�K4a adM.FI.. r.,KPw.6„ CmsA4nN moiHffl�.ba Npy.FNMM.•P mh.9M�Im. R+M. TeWes».hw401YevrA DN994ML.n4 BJe AU • IYN,4 Wb 31M -All. M1vn L'66NiJp. Fu L'9o05716. WebBN w� ** NOT A SURVEY ** CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING 1 74.20 58.90 7210'36' T5 6 5 '4'E PREPARED BY: 146.47 116.10 B.C.I. 138.56 W W 17 D 216.10 77-26-16" 270.34 O.R. BOOK PAGE 2779 2493 I 307.52 791.10 2 16' 1' 305.59 N 21'53 -E GIB 1270.30 191.10 1 81'02'28 1 248.32 1 N51- 17.31 -W I. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED. 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED N89'5 'ADLEY E. ST KHAM, P.S.M. L5.#639D -DATE NB .E 4. CERTIFICATE OF AUTHORIZATION ILB -43 93.62'E 19B 5. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. 106.06' 7. SEE ATTACHED FOR LEGAL DESCRIPTION C3 . DR, BOOK B. POINTS ARE SEOUENTwL AND LABELED INCREMENTALLY. INTERMEDIATE POINT LABELS ARE OMITTED FOR CIARITY. 9. REFERENCE WILSONMILLER PCDOCS NUMBER 171904 FOR DESCRIPTION 10. SEE SHEET 5 MR COORDINATE TABLE. AGE CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING C15 74.20 58.90 7210'36' 69.39 5 '4'E C76 146.47 116.10 73'16'1' 138.56 55425'34 -E :1'E C17 292.07 216.10 77-26-16" 270.34 N50'13 CIS I 307.52 791.10 2 16' 1' 305.59 N 21'53 -E GIB 1270.30 191.10 1 81'02'28 1 248.32 1 N51- 17.31 -W 12 S89'24'56 -W 151.63' C.D.C. O.R. 153] p PAGE 749 O O N II B.C.I. O.R. W 2 J Q, y O U B.C.P. O.R. BOOK Vop � _ u a '6 F N 8' 50 2E 1550.01.02' = 1/4 CORNE 0 500 1000 2000 40D0 GRAPHIC SCALE GENERAL NOTES: I. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED. 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEI'OR AND MAPPER. 3. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13. TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH 8444'55 WEST. 4. CERTIFICATE OF AUTHORIZATION ILB -43 5. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. 5. THIS SKETCH MAY HAVE BEEN REDUCED. 7. SEE ATTACHED FOR LEGAL DESCRIPTION B. POINTS ARE SEOUENTwL AND LABELED INCREMENTALLY. INTERMEDIATE POINT LABELS ARE OMITTED FOR CIARITY. 9. REFERENCE WILSONMILLER PCDOCS NUMBER 171904 FOR DESCRIPTION 10. SEE SHEET 5 MR COORDINATE TABLE. 13 1691.67' mom mA(] No �o O.R. 2009 1546 PARCEL DESCRIBED 789.40 ACRES 5 OVERALL nq B.C.I. O.R. C5 O�ry BOOK 2493 B.C.P. O.R. BOOK Vop PAGE 2779 15406 -11553 '6 vom n'v n m- 0 nx mOm mAn mT 'o Io m B.C.I. O.R. BOOK 2545 PAGE 595 B.C.P. 1 p O.R. BOOK 1900 C.l PAGE 179 -184 nom m a IAN DS RESERVED FOR EARTH m MINING AND PROCESSING USI U o CONTAINS °m x378 �. 150-081 ACRES 1'27'02'w LIDO, Loa WELL ROAD 150.04' PAA (100' RIGHr -OF -WAY) .C. EARTH MINING AND PROCESSING USES PARCEL TH MINING AND PROCESSING S PARCEL CORNER OF SECTION IS ABBREVMTIONS: O.R. a OFFICIAL RECORD BOOK C.E. - COLLIER ENTERPRISES, LTD BC 1. BARRON COLLIER INVESTMENTS LTD B.C.P. BARRON COLLIER PARTNERSHIP R.O.W RIGHT OF WAY P.O.C. m POINT OF COMMENCEMENT P.O.S. POINT OF BEGINNING C.D.C. COLLIER DEVELOPMENT CORPORATION SSA# 9 LANDS RESERVED FOR EARTH MINING AND PROCESSING USES CONTAINING 50.06 ACRES +/- ** NOT A SURVEY ** Jul 26. 2006 - 08;08:44 JCS0MI%: \5UR\03312 \SSA 9 \IN- 21.dvg Wilsdamiller P4mWg . ByiM4r4. Ecol>*le • SFY410Y • Lvxll ArWec14 . TrwMp ,l WisonVier, NG. Mµb . F M" - 3awuN . &,Aol . h4P4 • T.wi..M4e . P4ne4u CiyE 3?roBM+Y L✓48Ae 210 • N*I'l RYi481QGAA7• P L849-tl10. Pu 25d4P.5 -IWfrek ��. � G POINT POINT POINT POINT NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING 1 712804.21 504055.04 100 713753.55 506100.38 200 721697,36 504609,31 300 714413.04 504493.69 1 71279247 501378.16 101 713721.48 505125.22 201 721740.11 504362.17 301 714409.24 504475.31 J 712942.46 501375.04 102 713673.87 506149.50 202 72170,92 504339,41 302 714404.45 504465.04 4 715479.80 501322.29 103 71367587 505923.61 203 721772.62 504340.16 303 714370.65 504408.84 5 715493.38 503014.91 104 713388.86 505927.61 204 721790.07 504343.61 305 714267.04 504315.95 6 718180.95 502959.36 105 713388.86 506215.18 205 72181806 504349.15 306 714257.32 504309.09 7 718179.40 502807.73 106 713364.22 50622678 206 721818.06 504349.15 307 71414205 504304.30 8 723566.61 502737.98 107 713338.18 506227.66 207 721893.36 504360.09 312 713161_51 504346.51 9 723585.87 503843.87 108 712994.51 506234.03 208 722019.89 504378,48 313 713146.15 504356.10 )0 723590.77 505837.49 109 712954.20 504053.33 209 722019.92 504378.48 314 71313L64 504373.40 11 723456.97 505607.24 110 712942.46 501375.04 210 722029.68 504778.88 315 717107.70 504421.36 12 723J43.69 505794.53 113 71823006 504798.88 211 722101.13 5043B1.77 316 713088.01 504481.41 13 722618.37 505940.99 114 71821848 504794.35 212 722176.61 504381.77 319 71 J 11275 505386.07 14 722805.79 505900.91 115 718166.80 504783.17 213 72226700 504361.58 322 713672.21 503918.26 15 722790.98 505905.32 116 718125.04 504773.66 214 722322.66 504349.15 323 71308.57 503912.10 16 721395.56 506304.78 117 718125.04 504773.66 215 722385.82 504325.47 324 713314,41 50392210 17 720754.42 506495.37 118 71812504 504773.66 216 722426.86 504310.07 325 713279.87 503915.91 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 717950.12 504657.25 218 722524.49 504257.97 327 713170.00 503832.03 20 720733.37 506469.00 121 71793682 504538.02 219 71254747 504222.18 328 713282.33 503704.95 21 720726.50 506467.21 122 717761,90 504510.25 220 722557.31 504140.75 J29 713290.97 503654.24 22 720581.62 506468.06 123 717679.52 504425.77 211 722557,31 504140.75 330 713300.84 503544.49 23 720377 09 506558.20 124 717671.15 504390.15 222 722556.95 504138.04 331 713320.58 503635.86 24 720365.21 506563.26 125 717670.71 504388.19 223 722555.39 504133.23 332 713371.16 503632.16 25 7203J4.55 506574.66 126 717655.26 504318.50 224 712550.58 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 507626.62 27 720271.33 506591.39 128 717679.52 504169.46 226 722546.29 504102.46 335 713602.00 503632.99 28 720239.03 506596 61 129 717759.41 504041.67 217 722538.32 504072.86 336 713602.00 5OJ6J2, 99 29 7202JZ25 506596.54 130 717775.06 504015.03 228 722531.35 504050.72 J37 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 506529.81 132 717786.80 503997.84 230 722490.71 5039252 339 713647.89 503637.77 32 719970.17 506623.25 133 716189.02 503995.09 231 722475.09 503930.97 340 713676.06 503639.46 33 719972.07 506612.09 134 718392.92 503995.20 232 722467.18 503881,51 341 713712,17 503641.71 34 719975.88 506599.76 IJ5 718855.57 503995.43 233 72247248 503652.87 342 713752.49 503641.43 35 71997279 506585.80 136 71912758 503995.57 234 722495.91 503839.86 343 713775.62 50364171 36 719979.06 506571.20 137 71912] 71 503995.57 2J5 722515.96 50380.63 344 713778.18 503641.08 37 719979.06 506535.93 138 719440.56 503995.72 236 722519.34 503837.25 345 713782.01 50364J.26 38 719977.15 506521.70 139 719615.64 503995.81 237 722513.06 50383725 346 713805.45 503640.79 39 719974.61 506495.04 140 719864.49 501 238 722660.61 503835.22 347 71JB31.36 503638.73 40 719973.34 506469.02 141 719904.63 504110.84 239 722757.64 503831.08 348 713665.91 503637.09 41 719970.60 50543728 142 71994881 504277.24 240 722833.45 503827.84 349 713BB6.88 503629.69 42 719970.80 505408.71 143 71994926 504138.54 241 72291763 503824.24 350 713905.39 503622.29 43 719970.17 506385.88 144 719949.26 504138.54 242 723045.27 503819.71 351 713923.90 503621.05 44 719968.90 505373.18 145 719949.26 504238.54 243 723120.00 503617.06 752 713946.11 50362J.52 45 719965.09 506355.41 146 719949.16 50423B.54 244 723284.58 503811.12 353 713972.01 503625.99 45 719961.91 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 723462.53 503808.62 355 755 714017.66 503671.16 48 719951.13 506279.88 149 719950.39 50428250 723565.9) 503802.54 356 714039.87 503627,22 49 719949.86 506265.29 150 719955.80 504308.79 248 723562.56 503801.95 357 714079.35 503627.22 50 719948.59 506249.42 151 719960.90 504333.03 249 72J585.14 503801.86 358 714091.69 503644.49 51 719947.32 506228.47 152 719961.98 5043J8. 18 25J 712954.19 504051.23 J59 714099.09 5OJ665.47 52 719945.42 506206.89 153 719966.62 504359.83 254 712947:89 50251J.35 360 714101.55 503692.51 53 719945.42 506190.39 154 71996475 504368.63 255 714152.79 501586.86 361 714106.50 503735.79 54 719945.98 506178.11 155 719970.49 504J89.99 256 714324.00 502528.47 362 714108.96 503771.57 55 719945.34 506167.79 156 719972.04 504408.55 257 714688.63 502520.57 363 714110.20 503601.18 56 719945.63 506147.79 157 719973.58 504428.65 258 714896.54 50281771 364 714105.26 503854.24 57 719950.87 506131.96 158 719974.41 504438.19 259 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 714089.22 503924.56 59 719901.95 505907.81 160 719977.20 50445706 161 715418.12 503432.49 367 714011.50 503930.73 60 719945.00 505784.48 161 719980.54 504474.27 262 715505.05 503787.69 365 713818,90 503929.50 51 719966.44 505656.35 162 719962,74 504486.01 263 715532.10 503982.77 369 713674.86 50403300 62 719949.01 505576.68 163 719985. IB 504499.02 264 715632.38 504273.11 370 712978.70 505777.36 63 719904.20 505490.79 164 719989.05 504529.18 265 715650.42 504380,01 371 723113.63 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 715479.68 505009.00 J7J 713241.90 504316.43 65 719691.35 505072,71 167 7199B9.82 50461433 268 71592.70 505175.03 374 713627.38 50424110 67 719647.04 505041,85 168 719992.14 504655.22 269 715717,35 505309.41 375 713932.97 504245.04 68 719396.80 504764.0 169 719997.56 504683.06 270 715716.99 505392.53 376 714234.99 504306.49 69 719318.02 504713.24 170 720002.20 504717.99 272 714103.96 505387.63 377 714407.96 504514.25 70 719208.91 504699.61 llt 720005.00 504736.97 27J 714068.51 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 719037.42 504723.50 173 720008.41 504754.92 275 714074.08 505372.83 380 714082.71 505115.23 73 718975.98 504785.14 174 720017.54 504790.84 276 714064.11 505365.23 381 714041.81 505171.28 74 718934.86 504660.42 175 720020.36 504846.78 177 714057.36 505359.05 J82 114041.74 505392.70 75 718687.27 504891.29 176 720023,65 504922.06 278 714058.09 505337,04 383 712954.19 504051.25 76 718825.74 504891.29 177 71977751 505048.72 279 7140914 505323.59 384 712804.21 504055.04 77 718671.2) 504866.22 178 719749.32 505065.49 281 714038.44 505272.66 385 72J585.87 503843.87 78 718592.63 504856.90 179 72358801 504714.23 282 714033.64 505208.16 387 713674.86 5040JJ.00 79 718355.31 504821.05 180 723570.28 504715.04 283 714034,84 505122.69 388 718190.85 5039)1.19 60 718298.16 504812.52 181 723563.24 504717.14 285 714065.60 505101.11 81 718260.17 504828.70 182 723527.96 504743.19 286 714090.62 505094.70 82 718033.21 505353.86 183 72142703 50476277 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 505465.89 187 723088.17 50497764 292 714300.57 505060.02 87 717160.99 505556.77 188 723013.35 505000.52 294 714367.43 505016.64 86 717217.64 505706.64 189 722967.56 505006.97 295 71438324 505013.21 89 717099.58 505775.86 190 721634.05 50503286 296 714405.37 504976.38 90 716866.29 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 716025.28 5093227 194 722007.86 505126.98 94 715969.27 50560480 195 721629.41 505003.29 95 715741.26 505392.54 196 721645.99 504906.49 SEE SHEETS 1 -4 FOR SIGNATURE AND NOTES. 96 714J 17.20 505391.85 197 721661.22 504818.41 COORDINATE TABLE 97 714320.97 50954.99 198 721671.35 504759.83 98 714274.4) 5097931 199 721665.19 504679.76 99 114234.96 505602.82 * NOT A SURVEY *. Jul 36. 3006 - 0808:25 JCSOTttIX: \SUR \03ID2\S55 9 \IH- 21.0,9 ....r CLIENT: BIIRRGN COLLIER NV6SfMEWMi BARRON COIIIER PAR1iURSNP WiYQvnM�ller SKETCH OF DESCRIPTION OF PART OF V SECTIONS 12 AND 13. TOWNSHIP 48 SOUTH, RANGE 28 EAST V, AND SECTIONS 7 AND 1B. TOWNSHIP 48 SOUTH. R E 29 EAST 1 .Tipnas- ECaM9eb sk T • Wicap AlB(p46.TTV¢pvlltlf CO+NeAe COLLIER COUNTI FLORIDA { korl ler, hG D IE: PROJECT NO.: SHEET NUMBER: PILE NO.: .9anBWy Wq . FVtYR,•3W¢n.Htla61. 144p•TWemee •fYwNOy Hwct 9JPOal9rfY a48fdSTJ�flae SAdO•W •FU assa>- .',nf•Mb6.4. w1au.r�smn 3 /06 03312 -PO4- 000 -21000 5 nR 5 H -2151 17D 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 °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 °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 77 026'16 "; 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 "; B11%2006 174324 V., 09.JCSom 03312- W9000 - -0 170 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, 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. 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 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. 8/154006 17432a v- Dv -JCSOM 0331 0]312- 009.ppp -.0 M 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 1H- 21.S3. S 152006174924 Ven ou. JCSOTTY 03311009- 000..0 WI Iri filler® 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 7 OF 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_ /J� i ( I DATE � f-" BRADLEY.... STOCKHAM, P.S.M. PSMX6390 WILSONM!LLER, 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- 2133. -200&168968 Vx 011 -TOWS E GYa 01112-000000. -0 r, 83 :i.yy - flwv.Y Rulw.len,Rpl � O.BI - Iary. AYmm.ICmgv RubnYOn BIVI �B.B� ® PuW.Yen B.rwBIM.. L _ r�manupi u�aa.. SvwvYMb $mEPq M. r —S� PRV i! "'M!, lull SSA-9- EASEMENT AGREEMENT NOW N 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: 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 & &200S 176866 Ver; 011 BSTOCKW Cwa 0334 -000- 000 - -0 170 17D 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 WWO'0 178MB Ver'011 BSTOCKHA GuN 03312- 000000. -0 170 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 88026'43" 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); 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 9181200617MSB Ver. 011- BSTOCKHA 03313000-000 - -0 17D 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 91812006-176866 Ver: 011 - BSTOCKHA 03312 -000 -000 -- 0 ME 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 WW2006- 176866 Vec 011- BSTOCKHA M31 OJ312- 000000. 0 17D 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.00 001'54 "E., A RADIAL DISTANCE OF 58.90 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 72010'38 ", 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.88e56'20 "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 50 013'12" WEST FOR 270.34 FEET (TO POINT NUMBER 376, NORTHING 714234.99, EASTING 504306.49); THENCE S.11 030'04 "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.10 046'18 "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; 91812006176666 Vef. 01!- BSTOCKH4 03312 -ODO- 000 - -0 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 COUNTV, 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 810400E 176866 Vec 011 - BSTOCKHA 03313 -L00 000 -0 170 17D DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 4850UTH, 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 BIfl2006176666 Ver: 0168STOCKM 03312 000.000— 0 17 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 4B 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 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. 916 006176666 Ver: 011- BSTOCKH 033124)MO0 � 0 14A irter° 17 D NowDimfions in Planning, Design & Engineering DESCRIPTION OF LANDS LYMG WITHIN SECTIONS 12 AND 13 TOWNSH9P68 SOUTH, RANGE29EAST AND SECTIONS T AND 18 TOWNSHIP 48 SOUTH, RANGE 29 FAST, COLLIER COUNTY, FLORIDA SHEET 10 OF 1D BY.%1°�{��f.Xlt(f�� DATE 2 -f —fJIs' 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 S2. i&—� 170666 Vv 01 SSmaQ sw a3IZ�666a6o-.o 1 T-4E -s 6 PREPARED BY: B.C.I. W W p,D,g, ^J /) ] �• O.R. BOOK 493 ' PARCEL 'A I/ PAGE 22]9 OF e '/ "L %Ca SECTION BRADLEY E. STOCKHAM. P.S.M. 1 5.6390 DATE POW NUMBER 9 NB9'51'32E t993.62' SB9'S I'JYW B.W. O.R. BOOK 9'00'10'W ROU'6' 2493 PAGE 2779- (2.01' -v 2795 24 1)9 245 ARCEL •A' OWAINS 6 42.2D± LINE RES 0 2N q2W B.C.P. O.R. 193 BOON 2009 AGE 1546 7 PARCEL DESONBED CURVE TABLE )69.40 ACRES 3 PhMt1 CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING na C15 74.20 58.90 ]710' 6' 69.39 5535 '4Y rc °^ EGA. O. Ra Cl6 148.47 f 16.10 7.T16'127 138.56 Grr B.C.P. O.R. BOOK 5 4' '34' BOOK 24_3 S30'44'SYE 2009 PAGE C17 292.07 216.10 7T26'1E 270.34 _Ym NSV 1312' ti 00 PAGE 2729 27.36' 1545 -1553 C18 307.52 791.10 2716'21' 305.59 m mn 154 t76178 NOLY21' 3E C19 270.30 191.10 81'02'28" 248.]2 4 N51'1T31'W PARCE 'Er 5 1 /) CO NS C 13 - 70 42.454 AIRES P� B PAC 7 PARCEL 'W 5 PARCEL SW CORNIER Of 42.451 ACRES SECTION 7 78 t t N01'33'I7W v o m 21 11 83.34' m �I m 23 _ 2 127 m C D. C. O.R. o O 1537 B.C.I. GO PAGE 749 v O.R. BOOK 2545 O m PAGE 596 N 13 u B.C.P. If O.R. BOOK 1900 1 8 PAGE 179 -184 262 65 269 PARCEL 'C LJ 259 CONTAINS U p n 119.91± ACRES (TOTAL) N rACR - LESS 5.5 ACRE LAKE PARCEL 5.55± ACRE m' LAKE PARCEL m S76o POINT NUMBER 322 v 038 ° iO 382 75 381 u e 387 374 3]3 ) 70 - PARCEL Y 109 POINT NUMBER 253 ..01'27.07.. OIL WELL ROAD 1 150.04' 100' (100' RIGHT -OF -WAY) PARCCEEL�C SW CORNER OF GENERAL NOTES: 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 MD THE ORIGINAL RAISED C.E. . COWER ENTERPRISES. LTD SM OF A FLORM UCENSED SURVEYOR AND MAPPER. B.C.I. - BARRON COLLIER INVESTMENTS LTD - BASED 3. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, CTION 1 B.C.P. BARROW COLLIER PARTNERSHIP TOWNSHIP 48 RANGE 29 FAST, COLLIER RORIM R.O.W RIGID OF WAY BEING BOUTIN 8944'55 WEST. P.O.C. = POINT OF CMINI NCEMEW 4. CERTIFICATE OF AUTHORIZATION ILB -43 P.O.B. . PONT OF BEGNMNC C.D.C. - COLLIER DEVELOPMENT CORPORATION 0 500 1000 2000 4000 5. SUBJECT TO EASEMENTS, RESTRICTONS AND RESERVATIONS OF RECORD. GRAPHIC SCALE 6. THIS SKETCH MAY HAVE BEEN REDUCED. 7. SEE ATTACHED FOR LEGAL DESCRIPTION RESTORATION PARCEL W CONTAINING 42.20 ACRES B. POINTS ARE SIEOUENML AND LABELED INCREMENTALLY. RESTORATION PARCEL "B° CONTAINING 42.45 ACRES +/- INTERMEOIATE POINT LABELS ARE OMITTED FOR CLARITY. RESTORATION PARCEL "C" CONTAINING 119.91 NET. ACRES +/- 9. REFERENCE IMLSONMILLER PCDOCS NUMBER 1611962 FOR DESCRIPTION ** NOT A SURVEY + 10. SEE SHEET 5 MR COORDINATE TABLE. Jul 26. 2006 - 09:0a:37 JCSOTT7x: \SUR\033tz\SU 9 \tH -2ld.q it..= s:C,r CLIENT: MAC S a � �Q ��p WiI3 RE onmillei S(� OF DESCRFWN OF PAT OF SECTOR 12, TO 01` 46 SOUTH. RANGE 26 FAST AND SECTIONS ) AND 14 TOINNSHIP 48 SOUTH. RANGE 29 EIST f414N'0 • EHYMNAS;R • 9 6ND • 96tx/>•'V • L.-bN eNtlleeb • Ti uK lCaWAUb COLLIER CUUNtt, FLORIDA WbonMJer, Inc DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: NIA • FdIAQm • III • BckTAm • Ta • T4iMw • Puwnl Dry BNd IhT.YAIMif 91RF65W.PMN 2WOBpN.FM ZW6tl6M•WdSiR we 1M'e� 3/06 03 }12 -PO4 -DOD -21000 2 DF 5 ix -sisz TABLE LINE LENGTH BEARING LI01 720.89 NOl'27'OYW L102 104.77 SBB'32'SB'W I 71280421 504055.04 7D0 713763.55 506100.38 200 711697.38 504609.31 300 714413.04 1 POINT 2 772792.47 POINT 101 713721.48 POINT 201 711740.71 POINT 301 714409.24 NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING FASTING NUMBER NORTHING EASTING I 71280421 504055.04 7D0 713763.55 506100.38 200 711697.38 504609.31 300 714413.04 504493.69 2 772792.47 501378.16 101 713721.48 506125.22 201 711740.71 504362.17 301 714409.24 504475.J1 3 712942.46 501375.04 102 713673.87 506149.50 202 721768.82 504339.41 302 714404.45 504465.04 4 715479.80 50132229 103 713673.87 505923.51 203 721772.52 504340.16 303 714370.65 504408.84 5 715493.38 503014.91 104 713788.86 505923.61 204 721790.07 504343.61 305 714267.04 504315.95 6 718180.95 502959.36 I05 71338886 506225.18 205 72181 &06 504349.15 306 714257..32 504309.09 7 778179.40 5028077) 706 713364.22 506226.7B 2D6 71181 &06 504349.15 307 714247.05 504304.30 B 723566.61 502737.98 107 713338.18 506217.68 207 721893.36 504360.09 312 713161.51 504346.51 9 723585.87 503843.87 108 712994.51 506234.03 208 722019.89 504378.48 313 713145.15 504356.70 10 723590.77 505837.49 109 712954.20 50405333 209 722019.92 504378.48 314 713731.64 504373,40 17 723456.97 505803.24 110 712942.45 501375.04 210 722029.68 504378.88 315 713107.70 504421.36 12 723343.69 505794.53 113 718230.06 50479 &08 211 722101.13 50438177 316 773086.01 504481.41 13 722878.37 505940.99 114 718218.48 504794.36 21Z 721176.61 504381.77 319 713112,75 505386.07 14 722805.79 505900.91 115 718166.80 504783.17 213 722267.00 504361.58 322 77367221 503928.26 15 72279098 505905.32 716 718725.04 504773.66 214 722322.66 504349.15 323 71J37857 503922.10 I6 721395.56 506304.76 117 718725,04 504773,66 215 722305112 504325.47 J24 713314.41 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 505485.88 119 718048.06 504719.32 217 711524.49 504257.97 326 71326753 503890.02 19 720738.29 506476.77 120 717960.12 50465725 218 721524.49 504257.97 327 773270.00 503832.03 20 720733,37 506469 00 121 717936.82 504638.02 219 72254247 504222.18 328 713282.33 50370495 21 720725.50 50646721 721 777787.90 504510.25 220 711557.37 504140.75 J29 713290.97 503664.24 22 720581.62 506468.06 123 717679.51 504425.77 221 72255231 504740.75 330 713300.84 503644.49 23 72037709 50655820 114 717671.15 504390.15 222 711556.95 504736.04 331 713320.58 503635.86 24 720365.21 506563.26 125 717670.71 504368.19 223 722555.39 504133.13 332 713371.16 503632.16 25 720334.55 506574.68 726 717655,26 504378.50 224 72255058 504118.40 333 713536.49 503633.39 26 720303.21 506584.07 127 71755526 504318.49 125 712550.58 504118.40 J34 713578.24 503626.62 27 720277.33 506591.39 128 777679.52 504169.46 226 722545.29 504102.46 335 713602.00 503632.99 28 720239.03 506596.61 129 717759.41 504041.67 227 722530.32 504072.86 336 71360200 503632.99 29 720237.25 506596.84 130 717776.06 504015,03 126 722532,35 504050.72 337 713606.05 5036J2.94 30 71998700 505628.01 131 717786.80 503997.84 229 722519,34 504029.89 338 71362674 503636.64 31 719967.71 506629.81 132 717786.80 50399784 230 722490.71 503972.61 339 773547.89 503637.77 32 719970.17 50662325 133 718189.01 503995.09 231 722475.09 503930.97 340 713676.8 503639.46 33 719972.07 506613.09 IJ4 718392.92 503995.20 232 722467.28 503887.51 341 713712.17 503641.71 34 779975.BB 506599.76 135 718655.57 503995.43 233 722471.48 503852.67 342 713752.49 503641.43 35 719977,79 506585.80 136 719127.58 503995.57 134 722495,91 503839.86 J43 713775.62 503641 .71 36 719979.06 505571.20 137 719127.71 503995.57 215 722515.96 503837.63 344 713778.16 503641.08 37 779979.06 506536.93 138 719440.56 503995.72 236 722519.34 50383725 345 773782.01 50364726 38 779977.15 506521.70 739 719615.64 503995.81 237 722673.06 503837.25 J46 713805.45 503640.79 39 719974.61 506495.04 140 719864.49 503995,93 236 722660.61 503835,22 347 713831.36 503638.J3 40 719973.74 506469.02 141 719904.63 504110.84 239 722757.64 507831.08 348 713865.91 50363209 41 719970.80 505437.28 142 719948.81 5042.3724 240 722833.45 503627.84 349 713886.86 503629.69 42 779970.80 506408.72 143 779949.26 504238.54 241 7229IZ63 503824.24 350 713905,39 503622.29 43 719970.17 506385.88 144 719949.26 504238.54 242 72X045.27 503619.77 351 713923.90 503621.05 44 719968.90 506373.10 145 719949.26 504238.54 243 723120,00 503877.05 352 713946.11 50362352 45 719965.09 506355.41 146 719949.26 504238.54 244 723264,68 503811.22 353 713972.01 503525.99 46 719961.92 50633954 147 719947.29 504264.72 245 723423.63 503809.39 354 713995.46 503672.16 47 719953.03 506296.16 148 719948.31 504170.58 246 72J4B2.53 503808.62 355 774017.66 503632.16 48 719957.13 506279.88 149 719950.39 504282.50 247 723565.93 503802.54 356 714039.87 SOJ627.22 49 719949.86 506265.29 150 719955.80 504308.79 248 723582.56 50J801.95 357 774079.35 50362722 50 719948.59 505249.41 151 719960.90 504333.03 249 723565,14 503801.86 358 774091.69 503644.49 51 71994732 506218.47 152 719961.98 504338.18 253 712954.19 504051.23 359 714099.09 503665.47 52 719945.42 506206.09 753 779966.62 504359.83 254 712947.89 502613.35 360 714101.56 503692.61 5J 779945.42 506190.39 154 71996275 504368.63 255 714152.79 502586.86 361 714106.50 503735.79 54 719945.98 506178.11 755 719970.49 504JB9.99 256 714324.00 501518.47 362 714108.96 503771.57 55 71994534 506167.79 756 719972.04 504408.55 257 714668.63 502520.57 363 714170.20 503801.18 56 719946.63 50614279 157 71997358 504426.55 258 714896.54 502817.71 364 714105.26 503854.24 57 719950.87 506131.96 758 779974.47 504438.19 259 714959.93 50313976 365 714107.26 50.3693.23 58 719945.00 506017.93 159 719975.13 504446.44 260 715248.26 503399.49 366 714089.12 503924.56 59 719902.95 50590781 160 719977.20 50445706 261 775418.12 503431.49 367 714011.50 503930.73 60 719945.00 505784.48 161 719980.54 504474.27 262 715505.05 503787.69 368 713628.90 503929.50 61 719966.44 505656.35 761 719992.74 504486.01 263 715531.10 503982.77 369 713674.86 50403300 62 719949.01 505576.68 163 719985.16 504499.02 264 715632.38 504273. It 370 712978.70 505377.36 63 719904.20 505490.79 164 719989.05 504529.18 265 715650.42 504380.01 371 713173.83 505376.97 64 719623.28 505388.71 165 719969.82 504557.79 265 715466.94 504980.23 372 713086.61 50451021 65 719725.81 505079.48 166 719989.82 504584.85 267 715479.68 505039.0 373 713141.90 504316.43 66 719691.35 505072.71 167 719989.82 504617.13 268 715572.70 505175.03 374 713627.38 504243, I0 67 719647.04 505041.85 168 719992.14 504655.22 269 715777.35 505309.42 375 713931.97 504245.04 59 719396.80 504764.63 169 719997.56 504683.06 270 715716.99 505392.53 376 714234.99 504306.49 69 719318.02 504711.24 170 72000220 504713.99 271 714103.96 5033BZ63 377 714407.96 504514.25 70 779206.91 504699.61 171 720005.00 504736,97 273 774088.51 50538127 378 714415.51 50492160 71 719133.42 504596.12 172 720006.6 504745.70 274 774081.15 50537730 379 714334.90 505034.30 72 719037.42 50023.50 173 720008.41 504754.92 275 714074.08 505372,83 380 714082.71 505715.23 73 716975BB 504785.14 174 720017.54 504790.84 276 714064.17 505365.23 381 71404/61 50577128 74 718934.86 504660.42 175 720020.36 504846.78 277 714057.36 505359.05 382 714041.74 505392.70 75 71388727 504897.19 776 720023.65 504912.06 278 714058.09 505337.04 385 712954.19 504051.25 76 718825.74 504891.29 177 719777.51 505048.72 279 714057.74 505323.59 384 71280421 504055.04 77 71867123 504868.22 178 719749.32 505065.49 261 714038.44 505272.68 385 723585.87 503843.67 78 718591.63 504856.90 179 723588.01 504774.23 282 714033.64 505208.16 387 713674.86 504033.00 79 71835531 504821,05 780 723570.28 504715.04 283 774034.84 505122.69 788 778190.86 503931.19 80 718298.15 504812.52 181 723563.24 504777.14 285 714065.60 505102.11 111 718260.17 504828.70 182 72352296 504743.79 286 714090.62 505094.70 62 718033.21 50535J.86 783 723427.03 504762.77 288 714179,83 505MZII 63 717829.05 505376.25 184 723260.48 504860.42 289 714203.06 50508385 84 717649.80 505406.63 185 723219,22 504884.74 290 714251.86 505070.09 85 717553.94 505436.01 186 727133.70 504935.39 291 714286.65 505064.07 86 717469.90 505465.89 187 713088.11 50497264 292 714300.57 505060.02 87 717760.99 505556.77 188 723013.35 505000.52 294 714367.43 505026.84 86 717217.64 505708.64 1B9 72296756 505006.97 295 714383.24 505013.21 89 717099.58 505775.86 190 7226!4.05 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 505882.53 191 722309,52 505225.23 299 774477.56 504571.59 92 716046.45 505838.10 193 722219.05 505195.76 93 716025.28 505737.27 194 72200786 505126.98 94 71596927 50560780 195 721629.41 505003.29 95 71574126 505-192.54 196 721645.99 504906.49 SEE SHEETS 1 -4 FOR SIGNATURE AND NOTES. 96 71431220 505391.85 197 721661.22 504818.41 COORDINATE TABLE 97 714320.97 505754 99 198 721677.35 504759.63 98 714274.4.3 505779.J1 199 721685.19 504679.76 99 716234.96 505602.82 ## NOT # # A SURVEY JW 26. 2006 - 00 -0025 JCSORY%: \SOR\01512\5Z4 9 \IH -21AV9 _ Imp I ri r CLIENT: �{� ��4 & Col PARINERW WilsonMiller TITLE: SKETCH OF DFSCRIMM OF PART OF SECTIONS 12 MO 13. Tb SHIP 40 SOUM. P GE 20 EAST - ME SECTIONS 7 MO 16, TC.VlP 40 SLVM, RMIGE 29 FAST 4 • 4 • CSYb}b - 9FMJVE • 24J41N4G4M11 - Tmyrtl�Yil COM/!Ib COLUER COUNTY. PLORIM Hps•fa111JS4, 41aY N4T4Y'�,P4M4 C<1•6W DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: 0SD&N'lM 94.40- NYb9fbbJ1648O7•que2VSO4919. FU 3916S)tl•WUb.9Y7 ow141auw -me 3/06 03 312 -PO4- 000 -21000 5 nr s iN -2151 17D 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, and C 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 17D 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; 17D 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. i. 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. j. 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. I. 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 17D 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. The estimated annual costs of the land management measures for Restoration Areas A, B, and C are $15,000. 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. p. 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. q. In the event the Grantor fails to annually provide the Surety and fails to maintain the Restoration Areas pursuant to the land management 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. 71 I Prepared by: George L. Varnadoe Cheffy Passidomo Wilson & Johnson, LLP 821 Fifth Avenue South, Suite 201 Naples, Florida 34102 3987337 OR; 4197 PG; 1377 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/15/2007 at 08:01AN DWIGHT E. BROCX, CLERK RBC FEE 1021.50 INDEXING 3.00 Retn: CHEFFY PASSIDONO ET AL 821 5TH AVB S #20I 7 D NAPLES FL 34102 STEWARDSHIP SENDING AREA MEMORANDUM BCI /BCP STEWARDSHIP SENDING AREA 9 This Stewardship Sending Area Memorandum is to memorialize changes to the allowed land uses on real property located within the Rural Lands Stewardship Overlay District of Collier County, as described in the Future Land Use Element of the Growth Management Plan of Collier County, Florida. The property described in Exhibit "A" has been designated as a Stewardship Sending Area, and said lands are encumbered by a Stewardship Easement as described herein. 1. On February 13, 2007, pursuant to Section 4.08.06 of the Collier County Land Development Code ( "LDC "), the Board of County Commissioners of Collier County, Florida designated the lands described in Exhibit "A" and containing seven hundred eighty -nine and four tenths (789.4) acres as a Stewardship Sending Area, officially known as "BCI /BCP Stewardship Sending Area ( "SSA ") 9 ", said lands being owned by Barron Collier Investments, Ltd., (herein "BCI ") a Florida Limited Partnership and Barron Collier Partnership, (herein "BCP ") a Florida General Partnership. The legal description of BCI /BCP SSA 9 is attached as Exhibit "A ". 2. By such designation, the Board of County Commissioners also approved a Stewardship Sending Area Credit Agreement and established and authorized seven thousand two hundred forty -six and six tenths (7,246.6) SSA Stewardship Credits to BCI /BCP SSA 9. Of the seven thousand two hundred forty -six and six tenths (7,246.6) credits established and authorized by the Stewardship Sending Area Credit Agreement, four thousand four hundred eighty -one (4,481) Stewardship Credits were assigned to BCI and BCP and are immediately available for sale, transfer, or other utilization by the Owners in accordance with Section 4.08.04 of the LDC. The remaining two thousand seven hundred sixty - five and six tenths (2,765.6) Stewardship Credits established and authorized by the Stewardship Sending Area Credit Agreement (herein "Credit Agreement') are Restoration Stewardship Credits and will be transferred and assigned to BCI and BCP as Owners, in whole or in part, pursuant to the terms of the success criteria set forth in the Restoration Plan attached to the Credit Agreement which is Exhibit "B" hereto. OR; 4197 PG; 1378 3. Attached hereto as Exhibit "C" is the Stewardship Easement Agreement, which1 7 was also approved by the Board of County Commissioners on February 13, 2007 and which describes the land uses eliminated from BCI /BCP 9 and the land uses remaining on said lands. 4. Seven hundred thirty -three and eight tenths (733.8) acres of land located within BCI /BCP SSA 9 are designated for restoration. Of the total seven thousand two hundred forty -six and six tenths (7,246.6) Stewardship Credits established and authorized, two thousand seven hundred sixty -five and six tenths (2,765.6) were Restoration Stewardship Credits. The Restoration Plan is attached to the Credit Agreement as Exhibit "G" thereto. 5. Pursuant to LDC Section 4.08.06.C.7, this Stewardship Sending Area Memorandum is to be recorded in the Official Records of Collier County, Florida. WITNESSES: L i (Signature) SUSAN L. MATURO (Print full name) // �9m4 & I Y nr/L (Sig ture) r5 A,U/,-- L. I/f loN6�e/ (Print full name) WITNESSES: I ,i 4, (Signature MAN L. MATURO (Print full name) l/ a& oC • U,f,c' PLC., (Signature) D/k1F L• t11641AEe4 (Print full name) BARRON COLLIER PARTNERSHIP A FI i a Ge ral a ership By: P J. Marinelli dministrative Agent BARRON COLLIER PARTNERSHIP A Florida General PartnersN� / By: Katherine G''Sproul, trustee \ Juliet C. Sproul Testamentary Tru a General Partner 2 OR; 4197 PG; 1379 WITNESSES: BARRON COLLIER (INVESTMENTS, LTD., A Flo � Limi ! %��/ rship (Signature) By: P J. Marinelli SUSAN L. MATURO Mministrative Agent (Print full name) p fLUll�/.YOJ7C • lc�I(.�.�L� (Signature) ✓, (Print full name) WITNESSES: bk� (Signature) SUSAN L.MATURO (Print full name) y (Signature) 1)11,k/e L. (Print full name) BARRON COLLIER INVESTMENTS A Florida ll�TIf� Limited Partner !' .AbAAnU By: ' Katherine G. Sproul, Trustee Juliet C. Sproul Testamentary Trust a General Partner 17D STATE OF FLORIDA COUNTY OF COLLIER Before me, a Notary Public, and acknowledged this ( 3 d Administrative Agent of BARRON known to me or who produced v�S. CAROLYN A. SHAW COMMISSION # DD 215664 _` EXPIRES: September 25, 2007 ° %%; o.�ryQ�' 9onbetl irry NOie7 Publk Ur*nweers (SEAL) STATE OF FLORIDA COUNTY OF COLLIER OR; 4197 PG; 1380 the foregoing instrument was sworn to, subscribed day of March, 2007 by PAUL J. MARINELLI as COLLIER PARTNERSHIP and who is personaJly as identification. 6- -Awt� Notary Public CAROLYN A. SHAW Printed Name: Commission No.: o My Commission Expires: Before me, a Notary Ppblic, the foregoing instrument was sworn to, subscribed and acknowledged this l'� day of March, 2007 by KATHERINE G. SPROUL as Trustee for the Juliet C. Sproul Testamentary Trust, a General Partner of BARRON COLLIER PARTNERSHIP and who is personally known to me or who produced as identification. CM A SHAW T. yr .: MY COMMISSION # DD 275664 '•. EXPIRES: September 25, 2007 'WW (SEAL) Notary Public Printed Name:_ CAROLYNA. SHAW Commission No. My Commission Expires: r _-, �, -17 STATE OF FLORIDA COUNTY OF COLLIER OR: 4197 PG: 1381 17D Before me, a Notary Public, the foregoing instrument was sworn to, subscribed and acknowledged this I?,L day of March, 2007 by PAUL J. MARINELLI as Administrative Agent of BARRON COLLIER INVESTMENTS, LTD and who is personally known to me or who produced as idea I Ica Ion. — " w. "r CAROLYN A. SHAW MY COMMISSION R DD 215664 1 ' EXPIRES: S tember 25,2607 rl + F -iced Thru NOlery Pudk UntlennXers (SEAL) STATE OF FLORIDA COUNTY OF COLLIER Notary Public CAROLYN A. SHAW Printed Name: Commission No.: i) 1' I SG „Z My Commission Expires: ci -; -1 Before me, a Notary Public, the foregoing instrument was sworn to, subscribed and acknowledged this 13 "4 day of March, 2007 by KATHERINE G. SPROUL as Trustee for the Juliet C. Sproul Testamentary Trust, a General Partner of BARRON COLLIER INVESTMENTS, LTD. and who is personally known to me or who produced as identification. I) , a'my< CAROLYN A. SHAW .r MY COMMISSION k DO 215664 �?' gf EXPIRES: September 25, 2007 '�RF.�F6°�, BwEetl Thru NOlery PUdk UntleiwAlers Notary Public CAROLYN A. SHAW Printed Name: (SEAL) Commission No.: ? I> :3 I s ec - Y my Commission Expires: r - a V -6 F'. \wpdocs \LIT\GLV\New Town Development\Ave Maria \Legal Docs from 7 -05 on \WORD -SSA 9 Memorandum.doc OR; 4197 PG; 1382 17D 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 1%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 0101 1'28" 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 0101 1'02" 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); 71MR W 155933 V-Otl -1050 '3313- 9W-0.6 MW- 39793 EXHIBIT A of Stewardship Sending Area Memorandum OR: 4191 PG: 1383 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 yy I TOWNSHIP4 SOUTH, RANGE29EAST AND SECTIONS 7 AND 18 TOWNSHIP M SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA SHEET 2 OF 6 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 503643.88); THENCE ALONG THE SOUTH LINE OF SAID SECTION 6 NORTH B9 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 50655820 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 it (W -165933 Ve,01FJC M 03312.60LM0.V K -26)133 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 50489129 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 7R OW 165933 vec ou Jcmm 03312-sO4Mo- NNRK -26763 OR; 4197 PG; 1384 17D OR; 4197 PG; 1385 DESCRIPTION OF LANDS 1 LYING WITHIN SECTIONS 12 AND 13 1 TOWNSHIP 0 SOUTH. RANGE 29 EAST AND SECTIONS 7 AND 1B TOWNSHIP Q 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 01003'33" EAST 343.73 FEET TO A POINT ON ALINE 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 °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. 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. iIM w165933 Ver 011- JCWTTY 03312-Sd -M6 WMK- 267M OR: 4197 PG: 1386 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 98 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP S 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: "/268006165833 V- 011 -JCSO 03312-5 N4 VIYRK -28103 17D f OR; 4197 PG; 1387 SHEET 6 OF 6 THE LINES DEPICTED HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83, GRSW, US SURVEY FEET. BY ` i+ J106 DATE 0(-8-0e BRADLEY E. STOCKHAM, P.S.M. PSM.#8390 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. woalaeam vat -raom A oaausoFwo-vwwc.mrm Wilsri miller New DUecdm In P6nnmg, Desbu & Engimnag 17 DESCRmFMC)F LANDS LYING. WRHW SEMONS12AND 18 TOMMSPBP453DUTK RAPM29EAST AND SECTIONS 7AND U TONMSflP46 SOM RANGE 29 EAST. SHEET 6 OF 6 THE LINES DEPICTED HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83, GRSW, US SURVEY FEET. BY ` i+ J106 DATE 0(-8-0e BRADLEY E. STOCKHAM, P.S.M. PSM.#8390 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. woalaeam vat -raom A oaausoFwo-vwwc.mrm PREPARED BY: g44,a� i- J cld BRADLEY E. STOGICHAM, P.S.M. LSD 0 O O N W J U N I� GENERAL NOTES: 1. Al OWNSKM ARE IN FEET AND DECINULS THEREOF. UNLESS OTHERWISE NOTED. L NOT VALID WITHOUT THE SCNATURE AHD THE ORICMA RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPE& 3. BORINGS ARE BASED OR THE SOUTH LM OF SECTION 13. TRYNSNN 48 SOUTH. RANGE 29 EAST. COWER COUNTY. FLORIDA BAND SOUTH BMN'SS TEST. 4. CERTIFICATE OF AUTHORTATON ALB -43 S. SUBJECT M EASEMENTS, RESTRICTg16 AND RESER MNS OF RECORD. B. THIS SKETCH MY HAVE BEEN REDUCED. 3. SEE ATTACHED FOR LEGAL DESCRIPTION B. POINTS ARE SEDUENTML ANKI LIBELED INCRENEMALLY. MTERMEDWE POW LABELS ARE OMITTED FOR CIARDY. 9. REFERENCE ORLSONNNLER PCOOCS NUMBER IMM FOR DESCRIPTION TO. SEE SKEET 5 FOR COOR)INVE TABLE SE CORNER OF SECTION 13 MOT EVATKRNS: O.R. - OFFICIAL RECORD BOON CE. - COLLIER ENTERPRISES. LTD &C.I. - BARRON COLLIER IIRNE$1NIENTS LTD &C.P. - BARRON COLLIER PAJTTNERSHP KO.M - RIGHT OF WAY P.O.C. - POINT OF COLOENCEWW P.O.B. - POINT OF BEGINNING CO.0 - COLLIER DEVELOPMENT CORPDRATION 0 Soo MOO 20M 4000 PARCEL DESCRIBED SSA# 9 GRAPHIC SCALE 789.40 ACRES +/- Jul M 2=5 - 00:09 ?S JCSOT4C \SUR\OMIZI5Y'T 9 \%H -21An .# NOT A SURVEY « �.t- yrAi�H9 ...v.... WIMWMM9 YMfRLE WERiF9IEFFi i WIWWMF WYiR FlW{Ni•Y1r Will iMlller TILE: yip1 � T OF WCW" f t AND T b mV m FAST fl� AND SECTIONS ] AND TOWNSHIP UT . RANK I TONNSN 500111. RAHE 39 FAST 45 PMnIMF • BI}1Nn • Ecahphb • MFMp9 • LmAep AnViQ.. TMAppbEO1 GbMNM , FLORIDA COLIJFR GWNIY, N UE /EFlN.fMf�I, AAN'YTery TMYiIAAw,INYN CbB,Ay DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: JRWhylJna86 WW•Mµ4 RaEf 9HWiN•IMN]69Md9•FA AWM6TI•MdIdr NRY9N//.fbR 3 /06 03312 -PO4- 000 -21000 1 OF 5 1H-2181 OR; 4197 PG; 1389 POINT POINT POINT POINT NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING 7 f 712804.21 5010.55.04 100 71376.3.55 506100.38 200 721697.36 504609.31 300 71"134 5N493.69 r 2 712792.47 5OW&16 101 713727.48 506125.22 201 721740.11 504362.17 301 71"09.24 504475.31 3 712942.46 501375.04 102 713673.87 506149.50 202 721768.81 504739.41 302 714404.45 50"65.04 4 715479.80 W132229 103 71367J.87 505923.61 203 72/77262 504340.16 307 714370.65 50"08.84 5 715493.78 53014.91 I" 71JM&86 505923.61 204 721790.07 504343.61 305 71426704 504515.95 6 718180.95 502959.36 105 713388.86 506125.18 205 72181 &06 504349.15 306 714257.32 504309.09 7 718179.40 502807.73 106 717364.22 506226.78 106 72181 &06 504349.15 707 714247.05 504304.JO 8 723568.61 502737-98 107 71JJXIS 506227.68 207 721893.]6 504580.09 372 717161.51 504346.51 9 723585.87 503843.87 108 712994.51 5062.4.03 108 722019.89 504378.48 313 713146.15 504355.10 10 727590.77 505W7.49 109 71295410 5409.33 209 712019.91 504378.48 314 713131.64 504373.40 11 72]456.97 505803.24 110 71292.46 501375.04 110 712029.66 504]7&.88 J15 71310770 54471.36 12 723343.69 505794.53 113 71M31M 504798.88 211 721101.13 504361.77 316 71MO&4 504481.41 13 72281&37 505940.99 114 718218.48 504794.36 212 722176.61 504387.77 319 7136275 505366.07 14 722605.79 505900.91 115 718166.80 504783.17 213 7212677 504361.58 322 713672.21 5092 &26 15 722790.98 505901.2 116 718125.04 54773.66 214 722322.66 504349.15 MJ 713378.57 503922.10 16 727395.56 50630478 If7 718125.4 504773.66 215 71238182 54325.47 324 71]314.41 50]922.10 I7 720754.42 506495.37 118 718125.4 54773.66 216 722425.86 54310.07 325 713279.87 503915.93 18 7207 ".19 50648588 119 718048.06 54719.32 217 712524.49 54257.97 326 713267.63 503690.02 19 72073 129 506476.77 120 717980.12 5N657.25 216 722524.49 54257.97 327 713270.00 503832.03 20 7207.73.37 506469.00 121 717936.82 54638.02 219 722547.47 504222.18 328 713282.33 507704.95 21 72072 &50 506467.21 122 717781.90 504510.25 220 722557.31 504140.75 329 713290.97 503664.24 21 720581.62 5446&5 123 717679.52 SN425.77 221 722557.31 504140.75 330 7733W.84 50344.49 23 72037709 54558.20 124 717671.15 54]90.15 222 72255 &95 SN 138.4 331 713310.56 503635.86 24 720365.21 506563.26 125 71767071 504386.19 223 722555.39 50413]23 J32 775371.16 503632.16 25 720334.55 54574.68 126 717655.26 504318.50 204 722550.58 5NI18.40 MJ 713536.49 503633.39 26 720]0321 506584.07 117 717655.26 54318.49 225 722550.58 504118.40 314 717578.14 54626.62 27 720271.JJ 506591.39 128 717679.52 5"169.46 226 722546.29 504/01.46 JM 713602.00 503632.99 28 7202J9.03 54596.61 119 717759.41 50443.67 227 722538.J2 504072.86 336 713602.4 503612.99 29 720237.25 54596.84 170 717776.4 50M15.03 228 71253235 5450.n J37 71364.05 50632.94 30 719987.W 54628.01 131 717786.80 503997.84 229 722519.34 504029.89 336 713626.74 503636.64 31 719957.71 54619.81 132 717786.W 503997.84 230 72249071 503972.61 739 71]647.69 50363777 32 719970.77 5462J25 1J3 718189.02 503995.09 231 722475.4 54930.97 340 713676.4 503639.4 33 719971.07 506613.09 134 718392.92 503995.20 232 72246728 503881.51 341 713712.17 50341.71 34 719975.88 54599.76 135 718655.9 503995.4) 237 712472.48 503852.87 342 713752.49 50341.43 J5 719977.79 506585.80 135 719127.58 503995.57 234 712495.91 53839.86 343 71]]75.62 50341.71 36 719979.06 506571.20 157 719117.71 53995.57 235 722575.96 50]&37.3 344 71377&18 50141.4 J7 719979.4 5496.93 IM 71944.56 503995.72 236 722519.34 5030725 345 713782.01 534126 38 779977.15 50652f.M 159 719611&1 $3995.81 137 722613.06 50383725 346 71384.45 5340.79 39 719974.61 506495.04 IM 719864.49 503995.93 238 71264.61 50MM.22 347 713631.36 503638.33 M 719973.J4 54469.02 141 719904.63 504110.84 259 72275764 503831.4 348 713965.91 53677-09 41 719970.80 50643718 142 719948.81 54237.24 272 7228]3.45 503827.64 349 7131386.88 503629.69 41 719970.80 5444.72 143 719949.26 5(4238.54 241 712917.63 503824.24 350 71394.39 53612.29 43 719970.17 55385.88 1" 719949.26 504238.54 142 71JO45.27 503879.71 351 713923.90 53621.05 " 719964.90 506373. I8 145 719949.26 5"238.54 243 72JI20.00 53617.06 J52 713946.11 507623.52 45 719965.09 506355.41 146 719949.26 504238.54 244 723284.68 503811.22 75.1 713972.01 53625.99 46 719961.92 55339.54 147 719947.29 504264.72 245 72742J.3 531309.39 354 713995.46 W3632. 16 47 719953.03 54296.78 148 719946.31 54270.58 246 727482,53 50384.62 JO 714017.66 50363216 48 719951.13 506279.88 149 779950.39 5"282.50 247 727555.93 503802.54 356 714039.87 503617.22 49 719949.86 55265.29 150 719953.80 50434.79 248 723562.56 507801.95 357 714079..35 503627.22 50 719948.59 5W249.42 151 7194090 5NM3.03 249 72J585.14 503801.86 JW 714091.69 503644.49 51 719947.J2 506228.47 152 779961.98 54378. 18 257 712954.19 504051.23 359 71499.09 503665.47 52 719945.42 505206.89 15J 719966.61 504359.&.) 254 71247&9 W261J.35 360 714101.56 53692.61 53 719945.42 50614.39 154 719967.75 SN368.63 255 714752.79 502586.136 361 714106.50 53735.79 54 719945.98 50617 &11 155 719970.49 504389.99 256 714324.W 502528.47 362 71414.96 503771.57 55 719945.34 506167.79 156 719972.04 50"4.55 257 714668.53 502520.57 36J 714110.20 507801.18 56 719946.63 50614779 157 719973.56 504418.65 258 714896.54 50281771 364 714105.26 53854.24 57 719950.87 506131.96 IM 779974.41 5"438.19 259 714958.93 503139.76 365 714107.26 53893.23 5B 719945.W 506017.93 159 719975.13 504446.44 260 715248.26 503399.49 366 714089.12 50924.56 59 719902.95 505907.81 160 719977.20 50445206 261 71541 &12 503432.49 367 714011.50 53=73 60 779945.00 55784.48 161 719980.54 504474.27 262 715505.05 5378769 368 713828.90 53929.50 61 779966." 505656.35 162 719981.74 5"486.01 265 715532.10 53982.77 J69 713674.86 5N33.00 62 719949.01 505576.W 163 719985.18 504499.02 264 71532.38 5427J. 11 370 712978.70 505377.38 3 719904.20 50490.4 164 719989.05 504529.18 265 715650.42 SO4J80.01 371 713113.3 505376.97 4 71982328 505388.71 165 779989.82 SN557.79 266 715466.94 504980.23 372 713086.61 5N510.21 65 719725.81 505079.46 166 719989.82 504584.85 167 715479.68 505039.00 373 713241.90 5NJIB -43 56 719691.]5 505072.71 157 ]199139.81 50461733 258 715572.70 505175.03 374 713617.J6 504243.10 67 719647." 505N 1.85 14 719992.14 504655.22 269 715717.75 50554.42 375 713932.97 5N245.N W 719396.80 504764.63 169 719997.56 5046&106 270 775776.99 505392.53 376 714234.99 504306.49 69 719JI&02 50471324 170 72000210 5N71J.99 272 714103.96 505]8763 377 71447.96 5"514.25 M 71924.91 504699.61 171 72005.W 5047J6.97 273 714088.51 55381.27 378 714415.51 504921.60 71 77913J.42 5N696.12 IM 720006.4 504745.70 174 714081.15 55777.30 379 714334.4 50534.30 77 7790JZ42 SN72J.50 17J 72004.41 504754.92 275 71474.08 505372.83 MO 71442.71 505715.23 73 718975.68 5N785. 14 174 720017-54 504790.84 276 714064.11 505365.23 781 71441.61 505171.28 74 718934.86 504860.42 175 7MO20.36 504846.78 277 714 7-J6 505359.05 J82 714NI.74 505392.70 75 718667.27 5NB91.29 176 720023.55 504921.06 278 7140WM 559ZN 383 712954.19 5"051.25 - 76 718825.74 504891.29 177 719777.51 505 "8.72 279 71MSZ14 50923.59 J64 7128".21 504055.04 77 778571.23 504868.22 178 719749.32 505055.49 281 7143&" 55272.68 385 723585.87 50343.87 78 718592.3 504656.90 179 723588.01 504714.23 282 71433.64 50524.16 387 713674.86 504031W 79 718555.37 SN927.05 180 723570.28 54715.04 23 71434.84 505112.69 388 718190.86 503931.19 60 716298.16 5NOOZ52 fill 723563.24 5N71714 285 71445.60 505102.11 81 7182W. 17 504818.70 182 723527.96 504743.19 286 71440.62 505094.70 82 7)W33.21 50539.86 183 72327.03 5 "762.77 288 714179.83 50547.11 3 717829.05 505376.26 184 723260.48 504860.42 289 714203.06 505083.85 84 717649.80 50544.63 195 723219.22 5N884.74 290 714251.86 505070.4 85 71759.94 505436.02 186 723135.30 504935.39 291 714266.65 505064.07 85 717469.90 50465.89 187 723088.17 50497764 291 714300.57 505060.02 87 717360.99 505556.77 188 723023.35 5OWW..52 294 71436Z43 505026.84 W 717117.64 505708.4 169 722967.56 5054&97 295 714MJ.24 505013.21 M 717099.58 505775.86 190 722634.5 505072.86 196 71"05.37 5N976.38 90 716886.29 505924.67 191 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 50538.10 193 722219.05 505195.76 93 716025.28 505737.27 f94 7224786 505116.98 94 715969.27 50560780 195 721629.41 $05003.29 95 715741.26 55392.54 196 721645.99 504906.49 SEE SHEETS 1 -4 FOR SIGNATURE AND NOTES. 96 714JIZ 20 50991.85 197 721661.22 504818.41 COORDINATE TABLE 97 714320.97 505754.99 14 721671.35 504759.83 98 714274.0 55779.31 199 721665.19 50467976 *# NOT A SURVEY *+ 99 714234.96 505802.81 .M 28, 2006 - OB M J[SOM% \WR\03312\556 9\1H -21A" wilsomillei ME: SKETCH OF DESCRIPTION OF PAW OF SEMM 12 MD 13. TM P 48 S N. PAf10f 25 EASE MD SECM1 i MD 10, 104 P 40 SW1N. R 29 EAST IIIIR4.89914N4. 6sab9iY • &9n1a4 • lardnpPNNNt6 • Tinpvbfn CVrrd41 W W R CJ6Miv, ROHM OAiE: PROAM ND.: SHEET NUMBER: FlLE NO.: fv114�4 • At14 . B9Yb1.39004. 3444 • RwN<L'btdl 16V 6W11wt 9i�. Arit/bYi1N691 -IIe4r l9dP1042•M Sd69Y•4bJlY w16v1W -aae 3 /D6 03311- PD9 -WD -21000 5 OF 5 1"12151 OR; 4191 PG; 1390 STEWARDSHIP SENDING AREA CREDIT AGREEMENT 17D (BCI /BCP SSA 9) THIS STEWARDSHIP SENDING AREA CREDIT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this!i day of �ru2 2007, by and between COLLIER COUNTY, a political subdivision of the State of FI rida, 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 EXHIBIT B of Stewardship Sending Area Memorandum OR; 4191 PG; 1391 17D 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 Desianated 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. OR: 4197 PG: 1392 nil 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. OR: 4191 PG: 1393 6. References. 170 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 OR: 4197 PG: 1394 Department of Agriculture and Consumer Services setting forth specific land 17D 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. :• 09 • • • • APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Assis t County Attorney twit WITNESS: Q 0�'j �v- (Signature) CAROLYN A. SHAW a (Print full name) (Signature) D 14AJ.E L, V110AJzel' (Print full name) WITNESS: '.r (Signature) CAROLYN A. SHAW (Print full name) (Signature) (Print full name) OR: 4197 PG: 1395 BARRON L ER INVESTMENTS, LTD. A o d i i d Part ner By: P J. Marinelli Its Administrative Agent BARRON COLLIER INVESTMENT , TD. A Fllooriidda, ,Limited Partner ip By: 1/6 Katherine G. Sproul, Tr ee Juliet C. Sproul Testamentary Trust A General Partner 170 OR; 4197 PG; 1396 WITNESS: BARRO O ARTNEF o eral Paft Cep c C Gi By: (Signature) P J. Marinelli CAROLYNA. SHAW s Administrative Agent (Print full name) (Signature) (Print full name) WITNESS: (Signature)' CAROLYN A. SHAW (Print full name) (Signature) (Print full name) BARRON COLLIER PARTNERS Katherine G. Sproi Juliet C. Sproul Te A General Partner Trust OR; 4197 PG; 1397 STATE OF FLORIDA COUNTY OF COLLIER 170 The for oing Stewardship Sending Area Credit Agreement was executed before me this -1 9 day of _ 2007, by Agent of BARRON OLLIER IN ESTMENTS, STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Sending Area this 17P- day of 2007, the Juliet C. Spr ul Testam ntary Trust, INVESTMENTS, LTD. STATE OF FLORIDA COUNTY OF COLLIER PAUL J. MARINELLI, as Administrative LTD. y� f Notary Public SUSAN L.MATURO Name: Certificate No. My Commission expires: ei" Susan L Maturo Al`F My Commission DD343616 l/ Expires October 15. 2008 Credit Agreement was executed before me by KATHERINE G. SPROUL, as Trustee for a General Partner of BARRON COLLIER dA--z Notary Public Name: SUSAN L. MATURO Certificate No. My Commission expires eSusan L Moaao - My Comnussron D0343616 %or V Expires October 15. 2008 The foregoing St d hip Sending Area Credit Agreement was executed before me this J day of , 2007, by PAUL J. MARINELLI, as ,Administrative Agent of BARRO COLLIER PARTNERSHIP Notary Public Name: SUSAN L. MATURO Certificate No. My Commission expires: a w % Susan L Mabim Y g My Co tnisswn DD343616 �or 1., Exprten October 15, 2008 OR; 4197 PG; 1398 STATE OF FLORIDA COUNTY OF COLLIER 170 The foregoing Ste ship Sending Area Credit Agreement was executed before me this )Q' ard day of 2007, by KATHERINE G. SPROUL, as Trustee for the Juliet C. Spr 1 Testam ntary Trust, a General Partner of BARRON COLLIER PARTNERSHIP. -f Notary Public Name: SUSAN L. MATURO Certificate No. My Commission expires: gpsr w Susan L Mawro My Commission D0343616 ?w wok Expires October 15. 2008 OR; 4197 PG; 1399 170 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 EXHIBIT A OR; 4197 PG; 1400 OR: 4197 PG: 1401 170 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 1/4 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 89032'26" 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 89024'56" 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 00044'30" 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); 71M200& 185933 V- 011 JCSOT 033172 SM MO MRK 28783 OR; 4197 PG; 1402 DESCRIPTION OF LANDS D 17D 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 89051'32" 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 ]26/4006 - 165933 Ver'. 014 JC80M 03312 -SW.WO WJRN -28783 OR; 4197 PG; 1403 170 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 7126/2806.163933 V.,: BP- JCSOTTY 03312-SMA40. W RK 28783 OR; 4197 PG; 1404 170 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 OF 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. 7,262006 - 16593] ver: Dn- JCSOTTY as 0]312 -6M -040. WJRK- 28783 OR: 4197 PG: 1405 17D 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 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: 712612006- 165933 Ver'. 011- JCSDnY 03312 SO4 090 -WJRK -25763 OR; 4197 N: 1406 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 .2 � I��L�I DATE 0(-6-06 BRADLEY E. STOCI:HAM, 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. ?W S1tro^33 V r OL .I�DT' J 03] f3SWr W 0. 4WRI(- 28: eD ils ®l/ New Oimilons In Planning, Oesign & Engineering 17 D OESORIPNON OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP48SOUTH, RANOE29EASi AND SECTIONS 7AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 6OF6 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 .2 � I��L�I DATE 0(-6-06 BRADLEY E. STOCI:HAM, 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. ?W S1tro^33 V r OL .I�DT' J 03] f3SWr W 0. 4WRI(- 28: eD PREPARED BY: �P• / /fy..r,} / ::l!'40,f& Z 'J6 I1l eA BRADLEY E. STO HAM, P.S.M. L.S. O O O N .I w U N OR; 4191 PG; 1407 al " GENERAL NOTES: t ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED. 2, NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3. BEARINGS ARE BASED ON THE SOUTH ENE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEMG SOUTH 8744'55• WEST. 4. CERTIFICATE OF AUTHORISATION BLB -43 5. SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF RECORD. 6. THIS SKETCH MAY HAVE BEEN REDUCED. 2. SEE ATTACHED FOR LEGAL DESCRIPTION B. POINTS ARE SEQUENTIAL AND LABELED INCREMENTALLY. INTERMEDIATE POINT LABELS ARE OMITTED FOR CLARITY. 9. REFERENCE WILSOIJMILLER PODOCS NUMBER 155933 FOR DESCRIPTION 10. SEE SHEET 5 FOR COORDINATE TABLE. SE CORNER OF SECTION 13 ABBRE`MTIONS: O.R. - OFFICIAL RECORD BOOK C.E. - COLLIER ENTERPRISES. LTD B.L.I. - BARRON COLLIER INVESTMENTS LTD 8. C.P. = BARRON COLLIER PARTNERSHIP FLOW RICHT OF WAY P.O.C. = POINT OF COMMENCEMENT P.O.B. - POINT OF BEGINNING C.D.C. = COLLIER DEVELOPMENT CORPORATION 0 500 1000 2000 4000 PARCEL DESCRIBED SSA# 9 GRAPHIC SCALE 789.40 ACRES +/- Jul 26. 2005 - 08:08:25 JCSOTMIN: \SUR\03312\554 8 \IH -21 Ewy ** NOT A SURVEY ** wawlw AAAWOA mraEaWnEa s YWW4NF AAIM{iR rIWANIOV� w/ilspnMiller 1 SHIP A8, �. � OF SE 12 AND 13..TOWN H 18 SD OUT , SIIM 28 FAST AND SECTIONS > AND 18, TOWNSHIP 48 RTIM, RANGE 29 FAST RVIAt • E1pIM0 - EW�®b - SMnrya • LddGA%Aldixh . Tr �YIeBT GUOPIenb COLLIER COUNT'. FLORIW i17800WBF, MK DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: Nw.. rmMr.. • m.m . swam . rme • nmaeee. PeTx1W OHJIad1 1 OF 5 7H -2151 9S08MVylAnA BANG- flegeAi#YM1 e6B9M0) -Jtias 4,W6NNDW •EV 2E- 609dM•Wefi -Me nnAWnl .mn 3106 03312 -POn- 000 -21000 OR; 4191 PG; 1408 POINT POINT POINT POINT {� NUMBER NORTHING NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING j� 1 7127924 4055.04 50237814 100 713763.55 506100.28 200 721697.38 504609.17 300 714413.09 504493.69 J� 2 712192.47 501378.16 101 713721.48 506125.22 201 711790.11 504362.17 301 71440.19 504415.31 3 712942.46 501315.04 101 713673.87 506199.50 202 711768.2 504339.41 301 7144044,45 504465.04 4 715419.80 50131219 103 713613.81 505923.61 203 721772.661 504340.16 305 714310.65 504408.84 5 77599138 502014.91 104 713388.86 505923.61 204 721190.07 50434.61 305 71427.04 504315.95 6 718f8095 502959.36 105 713368,86 506125.78 205 721818.06 5043499.15 306 7142557.32 504304.09 l 7178119 .40 501707.13 106 7 713364.22 506226.78 206 721818.06 504349.05 307 714147.05 50430&30 8 723566.61 502131.97 107 713334.11 506227,68 207 711893.86 504360.09 312 713161.51 504346.51 123585.81 503B48.81 108 712994.51 506234.03 208 722019.89 50417.48 313 713146.65 504356.10 10 723590.77 505837.49 109 711954,10 504055.33 209 712019.92 5043766.48 374 711Z 504373.40 17 723456.97 505804.29 IIO .0 7129426 501315.04 210 722029.68 504378.87 315 71J140770 70 504411.36 12 723348.69 505794.59 116 718210.06 504794.88 216 722101.71 50438177 316 713088.01 504486.41 11 722868.37 505940.99 114 718166.48 504794.36 212 722176.61 50434V7 319 713112.75 505386.07 14 722805.99 505900191 115 718166.80 504773.17 214 722261,00 504361.58 322 713672.21 503928.16 15 15 122190.98 505905.31 116 71825.04 504773.66 214 72232766 504349.15 323 713378.57 503922.10 66 721395.56 506404.38 117 7186725.04 504773,66 215 722485.82 50325.47 324 73314.41 503911.10 720754.91 506495.37 118 718115.04 504773.66 216 722426.86 5044310.07 325 7113179.81 503915.93 18 18 720744.19 506475.88 119 718046.06 504119.82 217 722524.49 504257.97 326 773260.53 503890.02 ]20733.3 50 476.17 120 777960.12 504657.25 218 722524.49 504257.91 321 713210.00 503832.05 2 20 720723.81 506469.00 121 717936.81 504fi10.92 219 7225420 504222.18 328 713281.37 503704.95 21 720126.50 506467.21 717181.90 504510.25 220 722557.31 504140.75 319 713290.97 503664.24 22 720�1 62 506468.06 722 123 717679.52 504425)1 221 722557.31 504140)5 330 773300.84 503644.49 23 72031109 506558.26 124 717671.15 504390.15 222 722556.95 504138.04 331 713310.58 503635.86 24 720365.21 506564.26 125 717670.71 504388.19 223 722555.39 504138.20 332 713311.16 503632.16 25 720334.55 506574.68 626 77655.26 504318.50 224 722550.58 504118.40 333 713536.49 503633.89 26 72030121 506584.07 127 7617655.26 504318.49 225 711550.58 504114.4 339 713518.24 503626.61 27 120276.33 506591.89 128 717679.52 504169.46 226 712596.29 504102.46 6 335 713602.00 504632.99 27 720239.03 506596 61 129 71775941 504041.67 221 722538.32 504052.86 33 713601.00 503632.9 29 710237.25 506596.84 IJO 71771606 504015.03 228 722512.35 504050.72 337 7 713606.05 50363294 4 30 7199700 506628.1 1J1 71778680 503997.84 229 722519.34 504029.89 338 713626)4 503636.64 31 719966171 506629.5 1J2 71718680 503997.79 130 722490)1 503911.61 339 71364789 503637.47 32 119970.17 5066111265 133 718189.02 503995.09 231 722475.09 503930.91 340 713616.07 503649.46 33 71997207 506619.09 134 718392.92 503995.20 232 722467.8 503881.51 341 713762.17 50364176 34 719975.88 506599.76 135 718855.57 503995.43 234 722412.448 503852.87 342 713751.49 503641.43 35 71997779 505585.80 136 71912758 503995.57 234 722495.91 503839.86 713775.61 503641.91 36 719979.06 506571.20 137 71912111 503995.57 235 722515.96 503837.63 344 J45 713778.11 503641.08 37 719979.06 505536.93 719440.56 503995)2 236 722519.34 503837.25 345 713782.01 5OJ640.16 J9 71997715 596521.00 738 139 719615.69 503995.87 231 722613.06 503831.25 346 71J83L36 503648.39 J9 719974.61 506495.04 140 719864.69 50499594 239 722660.61 503835.22 30 713831.36 5036.38.09 40 719973.34 506469.02 141 719904.64 504110.84 149 722757.64 503821.08 348 713865.91 503637.9 41 119970 .80 506407.78 142 719948.81 504237.24 240 722837.45 503827.84 349 713886.88 50362.69 42 719970.80 506408.12 143 119949.26 504238.54 241 72291567 503824.24 350 713905.59 5036112.229 44 779970.17 506385.78 144 719949.26 504238.54 242 723045.27 503819.06 351 713923.90 503621.05 49 779965.90 506372)8 145 719949.26 504238.54 243 723120.00 503811.06 352 713996.11 503623.52 45 779965.09 506355.41 146 719949.26 504268.54 244 723284.68 503810.22 354 713911.01 503625.99 46 719961.92 506339.54 147 719941.29 504264)2 245 72342163 503809.39 354 770995.46 503632.66 41 719953.03 506296.88 148 79948.31 504270.58 246 2398253 503808.61 355 74017.66 50362.16 48 719951.13 506279.88 149 7179950.39 504182 .50 247 7 72J565. 92 503801.54 356 7174079.87 5036277.22 49 719949.86 506265.29 150 719955.80 504308.79 248 72358256 503801.95 357 714079.35 503617.22 50 719948.59 506249.42 51 719960.90 504333.03 249 712585,14 504801.86 351 714091.69 503644.49 51 11994142 506228 .47 7 152 719961.98 504338.18 254 712959.19 50261333 359 714099.09 503665.97 52 719945.42 506206.89 153 719966.62 504359.63 254 71294189 502613.35 360 714101.56 503691.61 58 506190.39 654 719967.45 504368.63 255 714152.19 502586.86 361 714606.50 503775,79 54 719945.42 719945.98 506178.71 155 719970.49 504389.99 256 774324.00 502526.47 362 714108.96 503111.57 55 719945.34 506167.79 719972.04 50440855 257 774688.64 502OIZ71 363 714110.26 503801.18 56 719946.67 50614779 756 151 719973.58 504428.65 258 71489654 5028V.76 364 714105.26 503859.24 51 719950.41 506131.96 158 719974.41 504437.19 259 714958.93 503139.76 365 714107.26 503894.23 58 719945.00 50601193 159 719975.13 504446.44 260 715148.26 503499.49 366 714089.22 503914.56 59 719902.95 505907.71 160 719977.20 504457.06 261 71540.12 5039 367 79011.50 503920.50 60 719945.00 505184.48 161 79980.54 504474.27 262 71550505 503187678769 368 71382890 500929.50 61 719966.44 505656.35 161 719982.79 504486.07 263 71553210 504981.1 369 712674.86 504031.00 62 719949.01 505576.67 163 719985.18 504499.01 264 715652.38 504273.11 1 370 71291880 505377.97 63 719904,20 505490.79 719989.05 504519.0 265 715650.42 504980.01 371 713116.81 505376.91 64 719823.28 505079.4 764 165 719989.82 50455779 266 715466.94 505039.13 372 713086.61 504516.21 65 719725.81 505079.48 166 719989.82 504584.75 267 715479.68 505079.00 373 713241.90 504316.42 66 779691.05 50507271 167 779989.82 50461733 269 715572.30 505175.02 374 713617.38 504243.10 67 719697.04 505041.85 168 504655.22 269 715717.35 505309.41 375 714932.91 504246.04 68 779396.80 504764.63 169 719992.14 719997.56 504683.06 270 715716.99 505392.53 376 714134.99 504306.49 69 719318.92 50479.14 170 720002.20 504713.99 271 714 LOU 505387.66 371 114401.96 504513.25 70 719208.92 504699.61 172 72000500 504746.97 213 ENEL51 77406115 505381.27 377 714415.51 504921.60 7 719133.42 504696.12 171 720006.06 504745,90 274 714081.15 505377.30 379 714334.90 505014.30 72 71907142 504124.50 174 720008.41 504754.92 275 714074.08 505312.83 380 74041.81 505115.23 74 78975.8 504185.14 V4 720010.54 504790.84 276 714064.61 505365.25 381 714042.81 50517.18 74 71893486 6 504660.42 115 720020.16 504846.18 277 714057.66 505359.05 382 71404 V4 50509270 75 71882774 504891.29 116 71977255 504922.06 278 714058.09 505337.04 783 712954.19 504050.25 76 71882584 504891.29 171 719777.51 505048.42 279 714051.14 505312.59 384 711804.21 504055.04 77 718670.23 50486.22 178 779799.32 505065.49 281 714036.94 50527268 385 723585.87 504843.87 77 70592.64 5048556.90 179 723588.01 504719.24 282 714033.64 505102.66 387 113674.86 50403100 79 718355.26 504821.55 180 72J570.24 504715.04 255 714064,84 505112.69 788 718690.86 503931.19 BO 504812.52 181 5047 285 714065.60 505502.11 81 716291.16 70260 6.1 50432880 182 723563.24 72J527.96 3.29 50474379 266 714090.62 505094.10 82 717083.21 50535186 783 725421.03 504762.71 288 74179.83 50504711 83 717829.05 505476.26 189 723260.48 504860.42 289 7174203.06 50508,185 84 717649.60 505406.63 185 723219.12 50989.34 290 714251,86 505070.09 85 717553.94 50546.02 186 723183.30 5044935.39 291 714286.65 505064.01 86 717469.90 5054655.89 181 7230. 50497164 291 714300.51 505060.01 81 77360.99 505556.77 188 72202323.35 J5 505000.52 294 74467.44 505016.84 88 7177217.84 505708.64 189 72296156 505006.91 295 7174383.24 505013.21 89 71709958 505775.86 190 722634.05 505031.86 296 74405.88 504976.38 90 716886.29 505824.67 191 72260997 505225.02 297 714412.85 504955.59 91 776456.16 505882.53 192 722309.52 505225.23 299 744]7.56 504571.59 92 716046.45 505838.10 194 505195.16 98 716025.28 50560.27 777 194 722129.05 722007.76 505126.96 94 ]15969.2] 50560780 195 721629.01 50500129 95 715741.26 505392.54 196 727645.99 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 722671,35 504759.83 98 714274.43 505719.31 199 721665, J9 504679.76 99 74234.96 505802.82 ** NOT A SURVEY ** Jul 26. 9006 - 08:08:25 JCSOTIYW \SUR\03312 \SA 9 \IH- 21.tlx9 S''d.�..".rr CLIENT: BARRON OOUJot M9E$TNERIFS i BARRON COUJM PARIHF%lp TITLE, SKETCH OF DESCPo OH. PART OF 12 a8 NA IP 48 SOUTH. RN1GE EAST . D SECTI PNG SECTIONS J AND 16, TOWNSHIP 46 1 . TOWN H OHIL RINGE E 6.9 EAST AVMe • f.YptlaT • 6m61j19 � 98p� - �� � Tiarupo�l4lin CapfW [OILIER COUNTY, iIORIM FLORIDA DATE: 1ROJELT NO.: SHEET NUNBER. FILE NO.: , ytyiyE • q�,my ' r�yw • BY�T� ffiOBYryIrq Blr 2l0•MpM ibX 811{Cfl9]flvs Z44N4�V1•FU Sptp -9n. IbM!$we 3/06 04312 -PO4- 000 -21000 s DF 5 129 -21St EXHIBIT B OR; 4197 PG; 1409 170 F S A Camp Neais Straptl Flowway FS warAip Are:. IFSAi bL WRA k 17 FSA WRA a I A \ Ok IoROOCTCC i1aGi�gt _ \� SkwarQcM1 pArra (HSAI \\ ... �. Okilp aupcAee SloJgp a Flavhay ][ewaWsNPAre9 (MAI ' EXHIBIT C 7 OR: 4197 PG: 141`1 -}t\ i IL .Y T_ e -, SSA 9 - CRL1)I"I AGRLLNILN L WilsonMiller I. A N 1) L S I S EXHIBIT D OR; 4191 PG; 1413 17D Restoration Area'A' SSA 9- CREDIT AGREEMENT Wilsonmilier 1 \HlB[ I D- RIIII i()RA t 10\ kRI Xti EXHIBIT E OR; 4197 PG; 1415 ME 0 1 PREPARED BY: �r LEY E. STOCKHAM, P.S.M L S JS390 DATE `D 11 -13 -J6 - ADDED PARCEL "D" OR: 4197 PG: T-48 -s 6 B.CI. WIW P.O.B. .; R. BOOK 2493 ( ( PARCEL 'A' PAGE 2779 NW CORNER OF SECTION 7 POINT NUMBER 9N89- 51.32 -E NBTDO'09 "E 1993.62' 1106.06' B Z I C.R BOOK 589'5 1'31'W 89'00'10 "W� 870.36' 2493 PAGE 2]]9- 6 42.02' 1, 3BS 2796 T \\ \pgl. 9/ I79 \\ ;� ARCEL "A NE TABLE LINE LENGTH BEARING L101 /ZU 691 N01'27'02 "W LIOZI 104.77 S88'32'587W CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING C15 1 74.20 58.90 72'10'38" 69.39 S53'52'47'E C16 148.47 116.10 7516'12' 138.56 S54' 5'34' C17 292.0] 216.10 IT26'16" 270.34 NSP 13.12"E C18 307.52 791.10 2716'21" 305.59 N00'21'53 "E C19 1 270.30 1 191,10 1 81'02'28" 1 248.32 I N51- 17'31 "W 12 PAC PARCEL 'B' SW CORNER OF SECTION 7 1 7 B.C.P. 0 . BOOK 2009 PAGE 29 1546 -1553 31 "B" PA•B PARCEL 'B' 451 ACRES 1416 WilsunMiller .. TITLE IIESCF PT 4L � � IIli11t1�• ➢TLE SKETCH OF DESCRIPTION OF PART OF Plurlera . Eryleea . B.oJ:1plm . SECTION Iz. IP RANGE EAST AO SECTIONS ] AND 18, TSIP 48 RANGE 29 ti s<. Lubp ax. RngwY4AP Wnm COLLIER COUHTY, aoRI(A WhorAvEY' Inc' DATE: PROJECT NO. SHEET NUMBER: FILE NO NNWe.fi m,_•Svud•. B4dl .T%eW.TJMesw.Puwu 03'B+ed ,T Rmh TL..,amzo. -NW FVmOaQS 7-Rnle SWfia9. -Au zacc» - WW.sW ....WWCRNV.cml 3/06 03312- POa- OM -21DOO 2 of s 1N -2152 II � 589'24'5 OIL WELL ROAD 82 �_NO3 150.04' L (100' RIGHT -OF -WAY) , I51.6J� R-,II L 2 PARCEL 'C" FAA• 7511 Y P.Q.tt. P 83 8J.34' .J4' POINT NUMBER 253 PARCEL SECTION COR. W - W CORNER OF BE CORNER OF SW I 84 IB 1. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS A ABBREVATIONS: OTHERWISE NOTED. O 86 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED C C.E. - COLLIER ENTERPRISES. LTD CD.C. 0 R. v SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, 6 6.C.I, = BARRON COLLIER INVESTMENTS LTD 88 PARCEL "0" BC. P, = BARRON COLLIER PARTNERSHIP 1537 O1 RAW = RIGHT OF WAY 90 CONTAINS 0 4. CERTIFICATE OF AUTHORIZATION ]LB -43 R PAGE 749 m 0 500 1 529.211E ACRES O SSA 9 OVERALL PARCEL CONTAINS 789.40 ACRES +/- G N RECORD. 6. THIS SKETCH MAY HAVE BEEN REDUCED. E E3 RESTORATION PARCEL "A" CONTAINS 42.20 ACRES +/- 7. SEE ATTACHED FOR LEGAL DESCRIPTION ® N 13 ®LANDS R GROSS ACRES A NTERMEOUTSEQUENTIAL POINT T BEP II 10_ -.SEE SHEET 5 FOR COORDINATE TABLE. a aui 26, 2005 - 08.837 JC50MIX\SUR \03312 \SSA 9 \IH -21 s.9 # # NOT A SURVEY *= 6z 18 C.R. BOOK 1900 PAGE 179 -184 95 N89'32'26'E PARCEL 4 CONTAINS W 125.46 +/- ACRES (TOTAL) LESS 5.5 ACRE LAKE PARCEL NI 119.913 ACRES (NET) Lin PA & 5,553 ACRE ro - v LANDS RESERVED FOR LAKE PARCEL 'R 760 97 EARTH MINING AND POINT NUMBER 322 038 i8 382 PROCESSING USES CONTAINS u� 185 381 50.08 ACRES m 9 y 387 m I 102 374 104 105 SO I'I I'28'E q 373 7 70 0 150.02' / o / S6C36.76N WilsunMiller .. TITLE IIESCF PT 4L � � IIli11t1�• ➢TLE SKETCH OF DESCRIPTION OF PART OF Plurlera . Eryleea . B.oJ:1plm . SECTION Iz. IP RANGE EAST AO SECTIONS ] AND 18, TSIP 48 RANGE 29 ti s<. Lubp ax. RngwY4AP Wnm COLLIER COUHTY, aoRI(A WhorAvEY' Inc' DATE: PROJECT NO. SHEET NUMBER: FILE NO NNWe.fi m,_•Svud•. B4dl .T%eW.TJMesw.Puwu 03'B+ed ,T Rmh TL..,amzo. -NW FVmOaQS 7-Rnle SWfia9. -Au zacc» - WW.sW ....WWCRNV.cml 3/06 03312- POa- OM -21DOO 2 of s 1N -2152 II � �S89Y4'S5'W /�V` 1 OIL WELL ROAD 150.04' L (100' RIGHT -OF -WAY) 1/4 CORNE 2 R-,II L 2 PARCEL 'C" FAA• 7511 Y P.Q.tt. P POINT NUMBER 253 PARCEL SECTION COR. W W CORNER OF BE CORNER OF SW I GENERAL NOTES: S IB 1. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS A ABBREVATIONS: OTHERWISE NOTED. O O.R. = OFFICIAL RECORD BOOK 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED C C.E. - COLLIER ENTERPRISES. LTD SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, 6 6.C.I, = BARRON COLLIER INVESTMENTS LTD 3. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13, B BC. P, = BARRON COLLIER PARTNERSHIP TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA R RAW = RIGHT OF WAY BEING SOUTH ST44'55' WEST. P P.O.C. = POINT OF COMMENCEMENT 4. CERTIFICATE OF AUTHORIZATION ]LB -43 R RO.B. POINT OF BEGINNING C.D.C. = COLLIER DEVELOPMENT CORPORATION 0 0 500 1 1000 2000 4000 5. SUBJECT TO CASEMENTS, RESTRICTIONS AND RESERVATIONS OF S SSA 9 OVERALL PARCEL CONTAINS 789.40 ACRES +/- G GRAPHIC SCALE RECORD. 6. THIS SKETCH MAY HAVE BEEN REDUCED. E E3 RESTORATION PARCEL "A" CONTAINS 42.20 ACRES +/- 7. SEE ATTACHED FOR LEGAL DESCRIPTION ® ® RESTORATION PARCEL "_B" CONTAINS 42.45 ACRES +/- B N ®LANDS R GROSS ACRES A NTERMEOUTSEQUENTIAL POINT T RESERVED FOR EARTH MINING L 9. REFERENCE WILSONMILLER PCOOCS NUMBER 168962 FOR DESCRIPTION ® RESTORATION PARCEL D CONTAINS 529.21 NET. ACRES +/- 10_ -.SEE SHEET 5 FOR COORDINATE TABLE. a aui 26, 2005 - 08.837 JC50MIX\SUR \03312 \SSA 9 \IH -21 s.9 # # NOT A SURVEY *= TITLE IIESCF PT 4L � � IIli11t1�• ➢TLE SKETCH OF DESCRIPTION OF PART OF Plurlera . Eryleea . B.oJ:1plm . SECTION Iz. IP RANGE EAST AO SECTIONS ] AND 18, TSIP 48 RANGE 29 ti s<. Lubp ax. RngwY4AP Wnm COLLIER COUHTY, aoRI(A WhorAvEY' Inc' DATE: PROJECT NO. SHEET NUMBER: FILE NO NNWe.fi m,_•Svud•. B4dl .T%eW.TJMesw.Puwu 03'B+ed ,T Rmh TL..,amzo. -NW FVmOaQS 7-Rnle SWfia9. -Au zacc» - WW.sW ....WWCRNV.cml 3/06 03312- POa- OM -21DOO 2 of s 1N -2152 OR; 4197 PG; 1417 17D 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 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) 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 T/ 006176866 Ve,: 011. 85TOCKHA 03312 - 000 - 000 - -0 OR: 4197 PG: 1418 MR 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 912005176666 Ver: 011- BSTOCKHA 01312 - 000- DOO - -0 OR; 4197 PG; 1419 17D 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 01033'17" 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 9W2006 176866 Ver'011- BSTOCRHA 03312 -000- 000 -- 0 OR: 4197 PG: 1420 h 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 9/ &2006 - 176865 Ver: 01!- BSTOCKHA 03312000.000..0 7D OR; 4197 PG; 1421 w 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 91W W`D 175MB Ver 011- BSTOCKHA C»aa mala000-000 - -o OR; 4197 PG; 1422 17D 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 72 010'38 ", 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 50 013'12" 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 00 021'53" WEST FOR 305.59 FEET (TO POINT NUMBER 374, NORTHING 713627.38, EASTING 504243.10); THENCE S.10 046'18 "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 51'1 T31 " 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; 9'6.006 176666 V., 011- BSTOCKHA 03312006006 -.0 OR; 4197 PG; 1423 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 01 027'02" 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 °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 &812 00 6 176666 Ver: 011- BSTOCHHA 03312000NO 0 17D OR; 4197 PG; 1424 17D 1 1 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 46 SOUTH, RANGE29EAST AND SECTIONS 7 AND 18 TOWNSHIP 46 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 91BI2006 176066 Ver'. 01,- 65TOCKHA 033132 - 006 000 - - 0 OR; 4197 PG; 1425 170 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 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 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. 9/81200 &176666 Ver: 011 BSTOCKHA 03]12000- 000 -- 0 OR: 4191 PG: 1426 ® /s®n % / /er 7 New Directions In Planning, Design 2 Engineering LYING WITHIN SECTIONS 12 AND 13 TOWNSHIPI8SOUTH, RANGE29EAST AND SECTIONS T AND 16 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 10 OF 10 BY — 6&Z 4 gez DATE `-e—oz BRADLEY E. STOC KHAM, P.S.M. PSMX6390 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 S2. ib.....a 170365 Vv. o1LeSOCQLS o:n 3312 - 000000 - -D PREPARED BY: 1 B.C.I. 0 .R. /%�.4L7 4. `4'( "„�'`•' L /7..Cfi/ PAGE BRADLEY E. STPFCKHAM, P.S.M. L.S.#6390 DATE C� LINE TABLE LINE LENGTH BEARING L101 720.89 N01'27'02"W L102 104.]] SS '32'58"W CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING C15 74.20 58.90 7 10'38" 69.39 S53'S2'dYE Ci6 148.47 116.10 7 16'1 138.56 q• 4" C17 292.D7 216.10 7726'16' 270.7/ NSQ 13'1 'E CIB 30].52 ]91.10 22.16'21" 305.59 NW21'53'E L19 270.30 191.10 81'02'28" 248.31 N51'1T31 "W O O O N II W J N 'da 5.55J, ACRE LAKE PARCEL POINT NUMBER 322 PAC 12 PARCEL 'B' SW CORNER OF SECTION 7 C.D.C. D.R. 1537 PAGE 749 13 n° tJ A Np bO OR; 4197 PG; 1427 T-48 -s 6 170 PA.& PARCEL 'a N89'51'327 1993.62' B.C.I. O.R. BOOK 2493 PAGE 2779- 2796 "A' P. O.R. $1x wz 2009 6 202 PARCEL DESCRIBED 78940 ACRES 3 OVERALL prvry B.C.I. O.R. B.C.P. O.R. BOOK 5:w 200E 2493 53P44'S2 "E 2009 PAGE oL4 PAGE 2779 27.76' O < 1546 -1553 X06 151 176,__ 42.453�RES PA.B PARCEL "9' 12.451 ACRES 1O N01'33'ITW ➢om13p n v 87.34' mn� x3 m �2 127 vp vo x B.C.I O.R. BOOR 2545 PAGE 596 B.L.P. OR BOOK 1900 18 PAGE 179 -184 PARCEL 'C' CONTAINS 119.913 ACRES (TOTAL) LESS 5.5 ACRE LAKE PARCEL 387 374 25 109 253 N. 15004- 100' OIL WELL ROAD 1 (100' R/GNT -OF -WAY) SW CORNER OF GENERAL NOTES: SECTION 18 1. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS ABBREVIATIONS: OTHERWISE NOTED. OA. = 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. BASED ON THE SOUTH LINE OF SECTION 13, BEING B.C.P. = BMRON SHIP TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY. FLORIDA R.O.W - RIGHT OF WAY S TH BEING SOUTH 8744-557 WEST. P.O.C. = POINT OF COMMENCEMENT COMM CEMENT ENi 1. AUTH RI CERTIFICATE Of AUTHORIZATION ,9L8 -43 P.O.B. POINT OF BEGWNING - C.O.L. =COLLIER DEVELOPMENT CORPORATION 5. SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF 0 500 1000 2000 40M RECORD. GRAPHIC SCALE 6, THIS SKETCH MAY HAVE BEEN REDUCED. 7. SEE ATTACHED FOR LEGAL DESCRIPTION RESTORATION PARCEL "A" CONTAINING 42.20 ACRES S. POINTS ME SEOUENTw. AND LABELED INCREMENTALLY. INTERMEDIATE FORT RESTORATION PARCEL "B" CONTAINING 42.45 ACRES +/- 9. 1MELS ME OMI7ED FOR CLMITY. MILLER REFERENCE WILSON PCDOCS NUMBER 169962 FOR DESCRIPTION RESTORATION PARCEL "C" CONTAINING 119.91 NET. ACRES + - / 10. SEE SHEET 5 FOR COORDINATE TABLE. JN 26. 2006 - 0808:37 JCSO"X \SUR\03310 \SSA 9 \IH- 21.4.9 'K NOT A SURVEY * • ...�-.. -sr -'i w CLIENT: MOON CKM N"110DRS! 8111!1=11 CIX= PARIIWW WilsonM�ller SKETCH OF DESHIP 4P110N OF PARR OF sCrnOx z, sWb RANGE ze CAST ' 6ggW <- III' OFW/WF' La'W:6NAId4pGb • T!m}VIGAp'I CavA'yb D '8.IO N AHO $ECilpi$ 7 µ0 18. COUNTY. 4B SOUTH, RANGE 29 Eq$} COLLIER COUNTY, RORIpA Wison0der, inc. M DAIrylA^A8N87J.RyW1{RaiAert88E0). NphN • FvI MF1 9rwoh � B • Try • FW -F. C4 SWtl Rve 5tlg9dt10. F11217-BIT.918, iWb.9fe wKliam #o9n DATE: 3/06 PROJECT NO SHEET NUMBER: TILE NO.'. 03312 -PO4- 000 -21000 2 OE 5 H -2152 - OR; 4197 PG; 1428 POINT POINT POINT POINT NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING 1 711804.21 504055.04 100 713763.55 506100.JB 200 721697.38 504609.31 300 714413.04 504493.69 1 712792.47 501378.16 101 713721.48 506115.22 201 721740.11 504362.17 301 714409.24 504475.31 3 712942.46 501375.04 102 71J673.87 506149.50 202 721768.82 504339.41 302 714404.45 504465.04 4 715479.80 501322.29 103 713677.87 505923.61 203 721772.62 504340.16 303 714770.65 504408,84 5 71549338 503014.91 104 713388.86 505923.61 204 721790.07 504343.61 305 714267.04 504315.95 6 718180.95 501959.36 105 71JJ88,86 506225.16 205 721818.06 504349.15 306 714257.32 504309.09 7 718179.40 502807.73 706 713364.22 506226.78 206 721818.06 504349.15 307 714247.05 504304.30 8 723566.61 502737.98 107 713338 18 506227,66 207 721893.36 504360.09 312 71316L51 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 504053.33 209 712019.92 504378.48 314 713131.64 504J73.40 II 72J456.97 505803.24 110 711941.46 501375.04 210 711029.68 504378.88 315 773107.70 504421.36 12 723343.69 505794.53 113 718230.06 504798.88 211 722101.73 504381.77 316 713088.01 504481.41 13 712818.37 505940.99 114 718218.48 504794.36 212 722176.61 504381.77 319 713112.75 505386.07 74 722805.79 505900.91 115 718166.80 504783.17 213 722267.00 504361.58 322 71367221 503926.26 15 722790.98 505905.32 176 718125.04 504773.65 114 722322.66 50434975 323 713378.57 503922.70 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 718125.04 504773.66 216 722426.85 504310.07 325 713279.87 5OJ915.93 18 720744.19 506485.88 119 718048.06 504719.J2 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 71793682 504638372 219 722547.47 50422278 328 713282.33 503704.95 21 720726.50 50646121 112 717781.90 504510.25 220 722557.37 504740.75 329 713290.97 503664.24 22 720587.62 506468.06 123 717679.52 504425.77 221 722557.31 504140.75 JJO 713300.84 507644.49 23 72057709 506558.20 124 717671.15 504390.15 222 72255695 504138.04 331 713320.58 503635.86 24 720365.21 506563.26 125 717670.71 504388.19 223 722555.39 504733.23 3J2 773371.16 503631.16 25 720334.55 506574.68 126 717655.26 504JI&5O 224 722550.58 504118.40 333 713536.49 50363139 26 720303.21 506584.07 127 717655.26 504318.49 225 722550.58 504118.40 3J4 71357814 503626.62 27 720271.33 506591.39 128 717679.52 504169.46 226 722546.29 504102.46 J35 713602.00 503632.99 28 720239 03 506596.61 119 717759.41 504041.57 227 712538.32 504072.86 336 713602.00 50363299 29 7202J7.25 506596.84 130 717776.06 504015.03 228 722532,35 504050.72 3J7 713606.05 503632.94 30 71998700 506628.01 131 777786.80 50399784 229 722519.34 504029.89 338 713626.74 503636.64 JI 719967,71 506629.61 132 717786.80 503997.84 230 722490.71 503972.62 339 713647.89 503637.77 J2 779970.17 506623.25 133 718169.01 503995,09 231 722475,09 503930.97 340 71J676.08 503639,46 JJ 719972.07 506513.09 134 718392.92 503995.20 132 72246718 503881.51 347 71371217 503641.71 34 719975.86 505599.76 135 718855.57 503995.43 233 722472.48 503852.87 J42 713752.49 503641.43 35 71997779 506585.60 136 719127.58 503995.57 2J4 722495.97 503839 86 343 71377561 503641.71 36 779979.06 506571,20 IJ7 719127 71 503995.57 235 722515.96 503837.63 344 713778.16 503641.08 37 719979.06 506536.93 138 719440.56 503995.72 236 722579.34 50383725 345 713782.01 503643.26 38 779977.75 50552770 139 719615.64 503995.81 237 712613.06 503837.25 346 713805.45 503640.79 39 719974.61 506495.04 140 719864.49 503995.93 238 712660.67 503835.22 347 713831.36 503638.J3 40 719973.34 506469.02 141 719904.63 504110.84 239 72175764 503831.08 348 713865.91 503637.09 41 719970.80 506431.28 142 719948.81 504237.24 240 722833.45 503827.64 349 717886.88 503629.59 42 719970.80 505408.72 143 719949.26 504238.54 241 722917.63 503824.24 350 713905.79 503622.29 43 779970.17 506385.88 144 719949.26 504238.54 242 723045.27 50381971 351 713923.90 503621.05 44 71996690 50537JJ8 145 779949.26 504238.54 243 723120.00 503817.06 352 713946.11 503613.52 45 719965.09 506355.41 146 719949.26 504238.54 244 72J284. 68 503871.22 353 713972.01 503625.99 46 71996191 506339.54 147 71994]29 504264.72 245 72J42J. 63 503809.39 354 71399546 503632.16 47 719953.03 506296.38 148 719948.31 504270.58 246 723482.53 503808.62 355 714017.66 503672.16 40 719951.13 506279.68 149 719950. 39 504182.50 247 723565.93 503802.54 356 714039.87 503627.22 49 719949.66 506265.29 150 719955.80 504308.79 248 723562.56 503801.95 357 714079.35 503627.22 50 719948.59 506249.42 151 719960.90 504333.OJ 249 723585.14 503801.86 358 714091.69 503644.49 51 71994732 50622847 152 719961.98 504378,18 253 712954.19 504051,23 359 714099.09 503665.47 52 719945.42 506206.89 753 719966.62 504359.83 254 712947.89 502613.35 360 714101.56 50369261 53 719945.42 506190.39 754 719967.75 504368.63 255 714151.79 502586.86 361 714106.50 503735.79 54 719945.98 506178.11 155 719970.49 504389.99 156 714324.00 502528.47 362 714108.96 503771.57 55 719945.34 5006779 156 719972.04 504408.55 157 714688.63 502520.57 363 714110,20 503801.18 56 719946.53 506147 79 157 719973.58 504428.65 258 714896.54 502817 71 364 71410526 503854.24 57 719950.67 50613/,96 158 719974.41 504438. 19 259 714958.93 50313976 365 714107.26 503893.23 56 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 71997710 504457.06 261 715418.12 503432.49 J67 714017.50 503930.73 60 719945.00 505784.48 761 719980.54 504474.27 262 715505.05 503787.69 368 713828.90 503929.50 61 719966.44 505656.35 162 71996274 504486.01 263 71553270 50798277 369 713674.86 504033.00 62 719949.01 505576.68 16J 71998578 504499.02 264 715632.38 504173.11 370 712978.70 505377.38 63 719904.20 505490.79 164 719989.05 504529.18 165 715650.42 504380.01 J71 713117.83 505776.97 64 719823.28 505386.71 155 719989.82 504557.79 266 71546694 504980.23 371 713086.61 504510.21 65 779725.81 505079.48 166 719989.82 504584.85 267 775479.68 505039.00 373 713241,90 504316.43 66 71969135 505072.71 167 719989.82 504677.33 268 715572.70 505175.03 374 713627.38 504243.10 67 71964704 505041.85 168 719992 14 504655.22 269 715717.35 505309.42 J75 713932.97 504245.04 68 719396.80 504764.63 169 719991.56 504683.06 270 115716.99 505392.53 376 714234.99 504306.49 69 719378.02 50471324 270 720002.20 50471J.99 272 714103.96 50538763 377 714407.96 504514.25 70 719208.91 504699.61 171 720005.00 504736.97 273 714088.51 505381.27 378 714415.51 504921.60 77 719733.42 504696.12 172 72000606 50474570 274 714081.15 50537130 379 714334.90 505034.30 72 719037.42 504713.50 17J 720008.41 504754.92 275 714074.08 505372.83 380 714082.71 505115.23 7J 718975.68 504785.14 174 720017.54 504790.84 276 714064.11 505365.23 J81 71404181 50517128 74 718934.86 504860.42 175 720020.36 504846.78 277 714057,36 505359.05 382 714041.74 505391.70 75 718867.27 504897.29 176 720023.65 504912.06 278 714056.09 505337.04 383 712954.19 504051.25 76 718825.74 504891.19 777 779777.51 505048.72 279 71405114 505323.59 784 712804.11 504055.04 77 718671.23 504868.22 178 779749.32 505055,49 261 71403644 505272.68 385 723585.87 50384J.87 78 718592.63 504856.90 179 723588.01 50014.13 282 71403J.64 505208.16 387 713674.86 504033.00 79 718355.31 504821.05 180 72357028 504715.04 183 714034.84 505122.69 388 716190.66 503931.19 80 718298.16 504612.51 781 72356324 504777.14 185 714065.60 505102.11 BI 718260.17 50482&70 182 72352796 50043.19 186 714090.62 505094.70 82 718033.21 505J53.86 163 723427.03 504762.77 288 714179.83 50508111 83 717829.05 505376.26 184 723260.46 504860.42 289 71420306 505083.85 84 71764980 505408.63 185 72321922 504884.74 190 714251.86 505070.09 65 717553.94 505436.02 186 723131.30 504935.39 291 71426665 505064.07 86 717469.90 505465.89 187 723088.17 50497764 292 714300.57 505060.02 87 717360.99 505556.77 188 723023.35 505000.52 194 714367.43 505016.84 88 71721184 505708.64 189 722967.56 505006.97 295 714383.24 505013.21 89 717099.58 505775.86 190 722634.05 505OJ2.85 296 714405.37 50497638 90 71688629 505824.67 191 722631.97 5050JJ.02 297 714412.85 504955.59 97 716456.16 505882.53 192 722309.52 505225.23 299 714417.56 504571,59 92 716046.45 505638.10 197 722119.05 505195.76 93 716025.28 505737.27 194 722007.86 505126.98 94 715969.27 50560780 195 727619.47 505003.29 95 715741.26 505392.54 196 721645.99 504906.49 SEE SHEETS 1 -4 FOR SIGNATURE 96 714J7720 505391.85 197 72166122 504618.47 COORDINATE TABLE AND NOTES. 97 714310.97 505754 99 196 721571.35 504759.83 98 714274.43 50577931 199 72168579 504679.76 99 714174.96 50$801.81 ** NOT A SURVEY + Jul 26. 2006 - 080 8:25 JCSOMIX \SUR\03317\SS4 9 \IH- 21,6,9 r r CLIENT: SAM" 1i� P� Wi�sonMv er TITLE SKETCH OF DESCRIPTION OF PART OF SECTIONS 12 AND 13. EANSHIP 48 SOUTH, 8ANGE 2B FAST vp MD SECTIONS 7 .0 10, TOWNSHIP OB SOOT.. RANGE 29 FAST MNP • 6 • 6G �91yy1p�9�•� {�4/��gA•FAMI4 • T/B'i!L`I CtlglYdt COWER COUNTY FLORIOA w ryFl,xc DhiE: 9NOJECT NO.: SHEET NUMBER RLE NO.: •TMw•TRYL�e•hmrlYl4M ��Fvfl6p4•&NYM•BtlriT 71TFH4 F4NIJQU+BW1•XUS 7391P4010•FU x8W9n•wn.9e 4w46m�Ibmn 3 /376 03312 -PO4- 000 -213700 s 1H -2151 of s WNMEII on] Iio OR; 4197 PG; 1429 171 s EXHIBIT W J z 0 5 U � J �U F W K U w Q m m N N OR: 4197 PG: 1430 17D 4 Eo V0 mLL a or �w U m Q M mfpmmm (f1 . -lp n(pNN •-OU7� 00th O r (O M 00 V �(V (n �(V 0>n {V m Yf U y o (p iTi 7 V M m W W N U? m (O m m m In `- In n In OJ o v ooNOOOmpin (o.- vioov�ni(rioinipina(6 L OI U O m Y1 N a �- m m tp (n M M c! O (D M n M � (p (p � � aD W V O O M N m O O (7 O O O as T O M O M O O o N m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N C_ y N L L Y U A W W n' rn rn 0 0 .- C C y M ra w Q n m m v (p N M M CO R O O V .-- O pp o m 7 0 0 a pio(p nio mri ao (�i aov pio cio �(d �(+i co (ri (o (gym y N N N M M N V N vNM�mto mn ..y. y n m 0 0 U� O m 0 0 0 0 0 0 0 n O 0 o 0 0 0 0 0 N c O t�1 o r- y 0 0 0 0 0 0 0 o 0 0 N V (D m 0 0 m 0 'ct m m O M H m .- N Q 3 0 y 0 0 0p 7 0 0 0 0 0 0 7 n 0 0 0 (p m M N N O O n N Q Q N N M NN (n N 2 m O F M N (p n M M M O N V M ¢ Q LL LL A u O H F V (D n W m O N m R (p (p n O m O N M 7 tp O n 1 0 0 0 0 0— — N N N N N N N (V V L C c > E E u OR: 4197 PG: 1430 17D 4 Eo V0 mLL a or �w U m Q M OR; 4197 PG; 1431 17D Table 2 RESTORATION CREDIT CALCULATIONS Restoration Type Acres "111" Credits 4.0 Per acre "112" 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 691.4 2765.6 2765.6 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 WilsunMiller SSA 9 Credit Agreement Exhibit F EXHIBIT G OR; 4197 PG; 1432 m it(�� -] EXHIBIT OR; 4197 PG; 1433 170 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, and C 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 Ver _- OR; 4197 PG; 1434 17D 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; OR: 4197 PG: 1435 170 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. i. 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. j. 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. I. 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 Va, - OR; 4197 PG; 1436 l7D 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. The estimated annual costs of the land management measures for Restoration Areas A, B, and C are $15,000. 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. p. 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. q. In the event the Grantor fails to annually provide the Surety and fails to maintain the Restoration Areas pursuant to the land management 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. 17 0 va b w 17 0 PV EXHIBIT H OR: 4191 PG: 1439 17D 11 H -j EXHIBIT OR; 4197 PG; 1440 17D 1 This Instrument Prepared by: George L. Varnadoe, Esq. Chaffy, 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 )3� day of dLiN .� 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.B. 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 OR; 4197 PG; 1441 M 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 BCIlBCP 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. 2 OR; 4197 PG; 1442 170 f. Agriculture - Support Uses, also described as Land Use layer 6. 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 B.4.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 3 OR; 4197 PG; 1443 17D 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. 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. 0 OR; 4197 PG; 1444 172 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. 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. 1 OR; 4197 PG; 1445 171 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 IOI day of 2007. Cy OR: 4191 PG: 1446 17D 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 F: \wpdocs \LIT \GLV\New Town Development\Ave Maria \Legal Docs from 7 -05 on \WORD -SSA 9 Easement Agreement 11 -13 -06 (2).doc OR; 4197 PG; 1447 17D GRANTEES' ACCEPTANCE OF STEWARDSHIP EASEMENT WITNESS: FLORIDA DEPARTMENT OF AGRICULTURE 0 %1'&in A ICPG IS V NNapme � IV`Aa-,L,(- I� 1P(nn,�th Signature AN in NUMER AfFAI Print Name 177 % /Cr ItSr _ _ ar.J OR; 4191 PG; 1448 yE 7 L_U STATE OF FLORIDA COUNTY The foregoing Stewardship Easement Agreement was executed before me this day of of the Florida Department of Agriculture and Consumer Affairs. Karen A. Meyer 4� • Y Commission # DD346679 Expires October 20, 2008 m� 800EM Tmy Fah .ImOmm , Inc. m W-7016 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: eff .1Ni' ht Assis ant County Attorney DOUGLAS E.BARj (Print full name) (Signature) CAROLYNA, SHAW (Print full name) Name Certificat6 No. My Commission Expires BOARD OF C UNTY OMMISSIONERS COLLIER NTYL By. ames Coletta, Chairman Jcc� DvlviGHT E.E:;CChwCLERK ! Attts� D puty Cle t st �c Cd�44f°P�ii x Sigc:a�ur� enl BARRON COLLLER INVESTMENTS, y�Fjlorid i 'te artnership Rv: �//� 'J. Marinelli inistrative Agent WITNESS: (Signature) CAROLYN A. SHAW (Print full name) yy�� UL7¢GL. (Signature) G. l�%Y ✓tom/ (Print full name) WITNESS: (Signature) CAROLYN A. SHAW (Print full name)c� (Signature) (Print full name) OR; 4197 PG; 1449 BARRON COLLIER INVESTMEt A/Florida Limited Partners f / r , A ,1 Katherine G. Spr#jl, Trustee Juliet C. Sproul testamentary Trust A General Partner S GI J. Marinelli ministrative Agent 17D WITNESS: (Signature) CAROLYNA. SHAW (Print full name) �/ y (Signature) (Print full name) STATE OF FLORIDA COUNTY OF COLLIER OR; 4197 PG; 1450 BARRON COLLIER PARTNERSHIP, A Florida/General Partnership/-, i Katherine G. Sproul, Juliet C. Sproul Test A General Partner The forep9ing Stewardship Easement Agreement was executed before me this / ? day of 2001, by PAUL J. MARINELLI, as Administrative Agent of BARRON OLLIER INVESTMENTS, LTD. Notary Public Name: SUSAN L.MATURO Certificate No. My Commission expires: g,.-c�` >,y, Susan L Maluro My Commissm DD343616 xpims October 15, 2006 OR; 4197 PG; 1451 17D STATE OF FLORIDA COUNTY OF COLLIER The fore ing Stewardship Easement Agreement was executed before me this day of 20017, by KATHERINE G. SPROUL, as Trustee for the Juliet C. Sprou estamen ary Trust, a General Partner of BA RON COLLIER INVESTMENTS, L D. X. //L4tJ Notary Public SUSAN L.MATURO Name: Certificate No. My Commission expi N LMaim STATE OF FLORIDA ; { My Commission DD343616 a 11 Expires October 15, 2008 COUNTY OF COLLIER The foregoing Stewardship Easement Agreement was executed before me this I9 ", day of — 2007, by PAUL J. MARINELLI, as Administrative Agent of BARRO COLLIE PARTNE SHIP d ® 4r' Notary Public Name: SUSAN L. MATURO Certificate No. My Commission expires: STATE OF FLORIDA �w•� Susan LMaim COUNTY OF COLLIER My Commission D0343616 � d Expires October 15, 2008 The fore ping Stewardship Easement Agreement was executed before me this I i k day of 200yr, by KATHERINE G. SPROUL, as Trustee for the Juliet C. SproA Testa me tary Trust, a General Partner of BARRON COLLIER PARTNERSHIP. Notary Public Name: SUSAN L.MATURO Certificate No. My Commission expires �' Susan L Matm %_ My Commission DD343616 or ash Expires October 15, 2008 OR; 4197 PG; 1452 17D 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 89°44'55" 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 °11'28" 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 50295936); 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); 712"OM. 165033 v.[ Oil-Jc50 033 033II- SOC -Uf0. VWRK -20)03 OR; 4197 PG; 1453 17D DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 46 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 40 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 2 OF 6 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 °51'32" 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 nz9rmos Is9m3 ver o1! 3cmm 0331250 46 WJRK -29793 OR; 4197 PG; 1454 HE DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 98 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP SOUTH, RANGE 29 EAST, COWER 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 50489129 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 5282006165933 Vu : 011 -JCS.i 03312 -$OFM0. YW q K- 28783 OR; 4197 PG; 1455 17D DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 4B 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 01003'33" EAST 343.73 FEET TO A POINT ON ALINE 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 °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. 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. ] M=W 165933 Ve 01F JOSS 03312 -SD 0.NNpK -28783 OR: 4197 PG; 1456 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 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: 7/3N W165933 Var 011 -JCMO 03312SM W-N RK -28763 OR; 4197 PG; 1457 /so11m%//ef0 New Wredlooe In Pknft, A&%W & &Vil snag 29 EW. OESV2�PNONOFlANDS I' �viNr;wmuNSECnpNS2zum2a ��7AND 7IW1F1E28 FAST SH6Ei' 6 OF B THE LINES DEPICTED HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83, GRSOO, US SURVEY FEET. By �Kf±s ,',+ U"lc(,a DATE BRADLEY E. STOCILHAM, P,S.M. PSMA6390 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 iH- 21.S1. AI006269A VacQLL� Wa125W-0(0.Vwpw ]9]a, OR; 4197 PG; 1458 1 T-1" 6 GENERAL NOTES: PREPARED BY: B.C.L D.R. BOOK PAGE 2779 fA's^• S T BRADLEY E. . 5 HAM, P.S.M. LS./6390 DATE N69'00'09'E 1106.06' 8 %J 493 T ALL DIMENSIONS ME IN FEET AND DECIUALS TXEREDF, UNLESS OTHERWISE NOTED. ABBREVIATIONS: N89.5 1'32E T 1993.62' B.C.I. O.R. 300K 2493 PAGE 2779- 9 2796 O O O N II LJ J Q U to I 50111.28 150.01' 1/4 12 151.63' C.D.C. O.R. 1537 PAGE 749 13 sag '44,z"w I 109 2576.91' 0 76 7 B.C.P. O.R. BOOK 2DO9 PAGE 1546 -1553 B.C.P. 1 p O.R. BOOK 1900 C7 PAGE 179 -184 OIL WELL ROAD (100' RIGHT-OF-WAY) SE CORNER OF GENERAL NOTES: SECTION 13 I. ALL DIMENSIONS ME IN FEET AND DECIUALS TXEREDF, UNLESS OTHERWISE NOTED. ABBREVIATIONS: 2. NOT VALRI YlITFgI1T THE =M: RE AND THE ORIGINAL RNSM O.R. OfiICWL RECORD BOOK GE • COLLIER ENTERPRISES, LTD ES. 3. SOV. OF A FLORIDA LICENSED SURVEYOR AND NAPPER GEYBNDS ME BA6W ON THE SOUTH LNE OF SECTION 13. G.C.I. BARRON COLLIER INVESTMENTS LTD B.C.P. • BARRON COWER PARTNERSHIP BARE TOWNSHIP 46 SCUM, RANGE 29 EAST, COWER COUNTY, FLORIDA RO.W OF WAY BONG SOVM 84"'65- WEST. P.O.C. • POINT OF CDNYENCEMENT 4, CERT4ICATE OF AUTHOWTpTION OLS -43 PA.G. • PONT OF BEGINNING C.D.C. • COLLIER DEVELOPMENT CORPORATION 5. SUBJECT TD EASEMENTS, RESERCTONS MD RESERVATIONS OF RECORD, 6. THIS SKETCH MAY RAVE BEEN REDUCED, 0 500 1000 2DDD aoop 7. B. SEE ATTME S FOR LEGAL DESCRIPTION POINTS ME SINUNT ANp LE OMIT INCREMENTALLY. PARCEL DESCRIBED SSA# 9 GRAPHIC SCALE INFERENCE POINT UBELS OMITTED FOR REFERENCE 789,40 ACRES -F /- 9. 1p. DO WRSOR COCR PCDOCS NUMBER 16.5933 FOR DESCRIPTION 2XIM SEE SHEET 5 FOR COORDULSIE TABLE. •+k NOT A SURVEY ++ Jul 26, 3006 - O6:OB:i} .IC50u iM11 \sUR \0 }}TI\ita 9 \Tn- 31.E.g r7a� =uilir CLIENT: wmw � OOLLF . �lll3 / Miller L OF WINS 1 SErnM 17I ta. roNxS 4e soot. IewOE xfi Fnsr A4D SEITONS T IND SH rOWN6WP 46 SONX, RANGE $9 FAST FOI7N�K • 81'IM'FF • £c0'(Ljlh • 9/MpF • LutlN¢Y byiKlF • Tia¢Yp&n QlgYnp COLIKR COUNTY, FLOMM M WIHD1E418r, BTe S�0 %7L� Aim: FrNA�F- FPFMpL1. BAeyia.Twp.TiMlw . pANn C4•B A NPLa NSrif a®6NtV7•WVV AWdPIDp•Fa AR9O+AW•W481s �4tl1vAicwr DATE: 3/06 PROJECT NO.: SHEET NUMBER: FIIE NO.: 03312 -PO4- 000 -21000 1 OF 5 ix -si$i OR: 4191 PG: 1459 POINT POINT POINT POINT J. I NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING FASTING POINT I 11280{.11 504055.04 100 717763.55 506100.39 200 71169738 NUMBER NORTHING EASTING 2 ]11791,4] 501378.16 701 717121.48 506125.22 201 727740,11 5048097/ 504362.1] 700 7f 4411.09 504493.68 712941.46 5013]5.09 102 713673.87 50644950 202 721768.82 50433.41 301 714409.24 504495.61 4 4 501712.29 IOJ 713673,87 50592.3,61 207 721772.62 504340.16 302 714404.45 504465.09 5 715479.80 71549.178 50,7014.91 194 ]1778886 505927.61 204 721790.07 50434361 303 714370.65 504408.84 6 71818095 502959.36 105 713368.86 506125.18 205 711818.06 504349.15 305 714267.04 504715,95 7 718179.40 502807.]3 106 717764.22 506226.78 206 ]1181$06 504319. f5 306 71 {257.72 504308.09 8 723566.61 5021133.98 107 71777878 506128.68 207 T 189376 504360.09 707 71424705 504309,30 9 723585.87 5038938] 108 712994,51 506234.07 208 722019.89 504J78.4B 311 713161_51 504346 -51 IO 72.5590.77 70787749 109 712954.20 504057.37 209 112019.92 5043]8.48 317 717/96.15 504756.10 II 727458.97 505803.24 110 712941.46 7017]5.04 110 722029.68 504J7888 314 713131.64 501376 .40 12 723318.69 505794.53 )13 ]18170.06 504198.88 211 722 t01. 111 504381.77 315 717107.70 504421.36 13 72281837 505940.99 144 71821848 504794,36 212 712776.61 501781.]7 316 713088.01 504481.41 14 72280479 505900.91 115 718166.80 504783.17 217 722267.00 504361.58 ]I9 71711275 504586.01 15 72179098 50590412 116 7011..66 114 712J22, 66 504349.15 312 713672.75 507918.26 /6 121395.56 70670478 71812404 )17 718125.01 504773.66 275 722385.61 50432447 323 717378.5] 505922.10 I1 720754.42 506495.37 118 718125.04 504773.66 216 722426.86 504310.07 324 713314,41 503922.10 18 720744.19 506185,88 119 718048.06 504719.32 277 722524.49 501257.97 325 713179.87 503915.93 19 12073829 506476.77 520 717960.12 504657.25 218 722524.49 50125].97 326 71326753 503890.02 20 7207J137 506469.00 721 717936.82 501638,01 218 11254797 504211.18 327 711270.00 503872.03 21 720726.50 506468.21 122 717781.90 504510.25 220 72255ZJI 504140.75 328 ]13282.3) 503709.95 21 720567.61 50616&26 123 71]8]9.52 504425.77 221 72255ZJI 504140.75 329 7/3290.97 50366424 13 ]10.5]709 506558.10 124 71]671.15 509390. 15 122 722556.95 501118.04 JJO 713300.84 505644.49 24 72036521 50656326 125 ]17670.]1 504388.19 223 722555,79 50417123 371 773320.56 503675.86 25 720374.55 506574.68 126 71765525 5043/850 224 111550.58 504118.40 JS2 7/3771.16 5036,71.16 26 720301.21 506584.07 111 7)]655.26 501718 .49 115 722950.58 504/18.40 332 713576.49 503632,19 17 ]20171.73 50659/,J9 728 ]17579.52 504169.46 126 T1154629 501102.96 334 71M78.24 503616.61 28 ]20239.0.5 506596.61 129 717759.11 501041.67 227 721538.32 50407286 SJ5 ]136(12.00 507671.99 29 129907.25 506596,84 IJO 717776.06 504015.07 228 721572.35 500050.72 336 71360220 503631.99 30 ]19967.00 506628.61 131 717]86.80 50399784 229 722519.74 504029.89 737 713606.05 503632.94 111 71996771 506529,81 131 ]1]186.80 503997.84 230 ]22490.71 5039]2.62 338 713626.71 503636,64 32 719970.1] 506623.25 IJ3 718189.02 503995.09 271 ]22175.09 508970.91 339 71369],89 50367717 3J 719972.07 50661729 154 718391.92 503995.20 231 712465.28 503881.51 710 7176116.09 503639,46 34 719975.86 506599.16 IJ3 ]18855.5] 505995.43 233 722473.48 50385281 341 713711.17 503641.11 JS 71997779 5065@5.80 136 71912758 50399457 234 ]22495,91 SOJ859.Bfi 342 713752.49 503641.43 36 719979,06 506571.20 137 719127.71 503995.57 735 5.35 ]12515.96 50383766 S4J 717]]5.62 503641,71 37 719979,06 506536.93 138 719{4056 50399472 722519..95 503657.15 344 713778.18 503641.08 38 7)997715 506521.]0 139 ]]9615.69 507995.8) 237 72261J.O6 505837.25 345 7)3782.01 503643,26 39 719914.61 506495.04 140 ]19864.49 503995.93 168 ]22660.61 50593422 346 713805.45 503640.79 40 719973.34 506469.02 141 719904.67 504110.84 239 722757.64 503871.08 J47 71J831.36 503638.73 41 719970.80 50643728 142 719948.81 5042J8.24 240 722833.45 507827.84 348 713865.91 503637.09 42 719970.80 506408.72 143 719949,26 504238,54 241 722917.67 503924.24 349 71J886.88 503529.69 43 719970.17 506385,88 144 719919.26 504238.56 241 ]2700.5.1] 707819.]1 J50 713905.39 503622.29 44 506373, IB 145 719949.1fi 501238.54 243 123110,00 503B1706 751 1/3927.90 503621.05 45 719968.90 119965.09 506755.1) 146 719949.26 504238.54 244 723284,68 507811.22 352 713946.1) 507617.51 46 719961.92 506719.54 147 719947.29 504264.72 245 723413.63 507809,39 757 ]13972.0] 503625.99 47 779951.03 506296.36 148 719948.31 504270.58 146 ]27482.53 107808.62 754 7)3995.46 507672.16 48 779951.13 505279,88 149 7)9950.39 501281.50 247 713565.93 503802.54 355 713995.66 5036]2.16 49 7)9949.86 50626429 150 719955.80 504J08.79 248 723582.56 503801.95 756 714039.87 503627.12 50 719948.59 506249.42 151 719960.90 501331.03 249 723585.14 503801.86 357 714079.35 503627.22 51 11994712 506218.47 152 119961.98 501358.18 253 712954.19 50105123 358 714091.69 503641,49 52 719945.42 506106.89 153 719966.2 5(4359,83 254 71294769 502613.35 359 71 4099.09 503665.47 SJ 719945.11 506190.39 154 71996775 504368.63 155 714152.79 502586.86 360 774101.56 503692.67 54 719945.98 506778.71 155 779970.49 504389.99 256 719324.00 502526.47 361 714106.50 503735.19 55 719945.34 506167.79 156 719972.04 504408.55 257 714688.63 502520.57 362 114108.96 503771.57 56 719946.63 50614779 157 71997358 504428.65 258 714896.51 502817.71 361 714170.20 501801.18 57 719950.87 506131.96 158 719974.41 5044J8. 19 259 714958.93 50113976 364 714105.16 503854.24 58 719945.00 506017.93 159 779975.13 509446.44 260 715241116 503399.49 365 714107.26 50389J.27 $9 719902.95 505907B1 760 ])9977.20 50445706 261 ]15418.12 50J4J2.49 366 714089.22 503924.56 60 71994500 505784.48 161 719980.54 504474.27 262 715505.05 503787.69 367 714011.50 503910.73 61 719966.8 505656.35 162 719982.74 504486.01 26J 715571.10 503982.7) 368 713828.90 507929.50 fit 779949.01 5055]6.68 163 719985.18 504499,02 264 715672.38 504113.11 769 717674.&6 5090.73,00 67 11990420 505490.79 164 719989.05 504529.18 265 115650.12 504280.01 360 712978.10 505011738 64 719825.18 505388.71 165 7/9989.82 50<557 A) 266 715466.94 509980.23 311 712978.70 505J76.97 65 7)9725.81 505079.48 166 719989.82 504584.85 267 7154]9.68 5050}9,00 372 713066.61 504510.21 66 ]19691.35 50501171 161 719989.82 5016IZ33 268 775572,70 505175.06 373 717241.90 504316.43 67 719617.04 505041-5 168 719992.14 50465422 269 775777.35 505309.41 374 113621.38 50424110 W 719396.80 504764.6) 169 719997.56 504683.06 270 ]15]16.99 505792.53 375 ]13972.97 504245.04 69 719318.02 504713.24 170 720002.20 5041713.99 172 714103.96 505387.63 J75 7)4239.99 504206.49 70 719208.91 504699.61 171 720005.00 504736.97 273 714088.51 505381.21 377 714407.96 504514.25 71 719/7342 504696.12 171 720006.06 504745.70 274 7)4081.15 5053]7.30 778 744825.51 714714.90 509927.60 l2 719071.42 504727.70 173 720008.41 504754.92 275 711074.08 504372.83 378 505034.30 73 718975.68 501784 14 174 120017.54 504790.81 2]6 714064.11 505365.23 380 714082]1 MO 714082.81 505115.23 74 716974.86 504860.42 175 720020.65 5048/676 277 7)/057.36 505759.05 505)11.28 75 71888727 504891.29 176 ]20023.65 504911.06 278 714058,09 505337.04 382 714041.74 505392.70 16 718815.14 504891.29 171 ]19719.5) 505048.]2 279 71405214 505323,59 383 712954.19 504051.25 7] ]18661.23 504868.22 719749.31 50506449 261 71403844 50527269 384 ]12804.2) 506055.04 78 718592.63 504856.90 779 179 723578.01 504774.25 282 71103364 505108.16 385 123585.86 503843.81 19 1)8355.31 504821.05 180 )27710.28 504715.0, 2SJ 711034 -4 505122.69 387 713674,86 713190.86 504043.00 BO 118298. i6 504812.52 781 723567.24 50471].14 285 ]14065.60 505102.!1 388 503931.19 81 72 718260.17 504319.70 182 723527.96 504743.19 286 714090,62 505094.70 ])8035.21 505355.86 183 723427.03 504762.77 283 714179.83 505087.11 83 717829.05 505376.26 184 72J260.48 504660.42 289 714203.06 505063.0 84 717649.80 505908.63 185 723219.22 504884.74 290 714251.86 505070.09 85 717557.94 505436.02 186 723133.30 504935.39 291 714286.65 505064.07 85 717469.90 505465.89 )87 723088.17 504977.64 291 71430057 505060.02 87 717360.99 50555677 188 723023.35 505000.52 294 71436443 505026.84 BB 717217.84 505708.64 189 72296756 505006.97 295 714333.24 505011.21 89 717099.58 505775.86 190 722634.05 505032.86 296 716405.37 504976.38 90 71 M86.29 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 505638.70 193 722219.05 505195.76 93 716025.2B 505737.27 194 722007.86 505126.96 94 715969.27 505607_80 195 721629.41 505007.29 95 715741.16 505392.54 196 m64499 504906.49 96 97 7141].20 714320.97 505391.85 197 72166122 504818.41 COORDINATE SEE SHEETS 1 TABLE -4 FOR SIGNATURE AND NOTES. 98 774274.43 505754.99 505779.31 198 721671.35 199 721685.19 504759.83 5046]976 99 714234.96 505302.82 *+ NOT A SURVEY s* Jul 36, 2W6 - 0908;75 JCSOTM1 SL9 I % \10]SIY\sM 9 \195 - }f a, 1 rT.�= sE.}�r LLffNT: wom 001 AIR Mf511Em R SUMN COLLIER PARn*mr �,f,r &, �� WLE, SKETCH OF OE9CR MON OF PART OF iECMKS 12 MD 13. TMNSWP 49 SOM. RANGE 28 E 1L4s4 IF AND SEMNS 7 MD 18, TMNSHiP 46 swill, RANGE 79 EAST • I595ew1 • Cgk6�. dVwp1.•� • 9tapyMy�(y�y W WER WIINIT, N_ORIM Y1a�16npHtllem ✓WDBill9nEBi�� fW?W. 9eRW •BMR'b1 r4EpE•T9W4\w •7YrR1 C&J WIw 9,�u�Gms4Lm•/nR. d1944TI1tl•FU S409tl•9Mr¢i OATS: PROJECT NO.; SHEET NUMBER' 717.E NO.: RwMmnebmR 3/06 03312 -PO4 -000 -21000 5 OF 5 144 -2151 N FSA r b d A Lamp Ke.is Ft. -. S IP ewardhip Arc. FSA))) bL W A �k FSA Ii WRA �� - -. �, � . .,.- `\ �- �S�`a: �'' �i� ^\ ,� t, �x � � \, Y OR: 4191 PG: 1462 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 89-44'55" 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 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 89 032'26" 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 89024'56" 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 00044'30" 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); BI1920061589 3 Ver Olt TO58ORNE 03310- 000 -006 - 0 y EXHIBIT 9 17D OR; 4197 PG; 1463 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 89000'D9" 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 W15 200& 168958 Ver O11- TDSBQRNE M12- 000.006 - -0 OR: 4197 PG: 1464 17D 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 719206.91, 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 50570 &64 POINT NUMBER 89, NORTHING 717099.58, EASTING 505775.86 8H512D06168959 V, 011 - TOSBORNE 03312 - 000.000- -D OR: 4197 PG: 1465 170 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 01003'33" 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 01'27'02" 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); B/15I388fi- 158950 Ver'. OP- TOSBORNE 0]312p0 p- 000 - -0 OR; 4197 PG; 1466 170 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 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.01 048'45 "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 77 026'16" 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 54 025'34" EAST FOR 138.56 FEET (POINT NUMBER 379, NORTHING 714334.90, EASTING 505034.30); THENCE S.17 047'28 "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 506125.22 305 20Y- ver: 011 TOSBORNE ov>'z000 -ono- - o OR; 4197 PG; 1467 ilm 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 01 003'33" 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. SSA 9 - LANDS RESERVED FOR AG2 GROUP USES CONTAINS 739.32 ACRES SUBJECT TO 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 89044'55" 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. S. 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. &1512006168956 Ver DI!- TO56DRNE 03312 -000. 000 - -C OR: 4197 PG: 1468 I ilsoaM ller 1 D New Dweaons In Planning, Design & Engineering !`\ DESCRIMON OF LANDS SECTION Is TOWNSHIPa SOUTH. RANGr a EAST, COLLIER OOUMY, FLORIDA SHEE73 OF 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 &Al DATE -P-06 BRADLEY E. STOGKHAM, 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 IH- 21.S3. a,..�ooa. nau< vor on.,usom om�zaoo-oao - -o PREPARED BY: 64OLEY E. 5T0cKWS,. P.S.M. L.S.J6390 DATE B.G 0 . BOOK PAGE 2775 N89'00'09'E 1106.061, B i. 1 9 CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING CIS 1 74.20 1 58.90 7Z10'38' 69.39 5 S52'47'E C16 1 148.47 1 116.10 7516'12 138.56 S5C25'34 "E C17 1292.07 1 216.10 1 7726'16" 1270.34 1 N51T13'12E C18 1307.521 791.10 16' 1" 1305.591 N00' 1'5S C19 1 270.30 1 191.10 1 81-02-28" 1 248.32 1 N51'17'31'W 12 S89.14.56'W 151.63' OR; 4197 PG; 1469 T -48 -S 6 NB9'51'32'E / t993.62' B.C.I. O.R. BOOK 2493 3 PAGE 2]]9- 2]96 78 387 374 82 90 7 B.C.P. O.R. BOOK 2009 PAGE 1546 -1553 B.C.P. 1 p O R BOOK 1900 C7 PAGE 179 -184 LANDS RESERVED FOR EARTH MINING AND PROCESSING USE CONTAINS 50.083 ACRES 170-1 - NOt'27'02'W LI00' LOIL WELL ROAD 150.04' PA0. (100' RIGHT -OF -WAY) PAM, EARTH MINING AND PROCESSING USES PARCEL EARTH MINING AND PROCESSING USES PARCEL SW CORNER OF SECTION 18 OTHERWISE NOTED. C.D.C. OR NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED O.R. - OFFICIAL RECORD BOOK 153] m a 3, p B.C.1. = BARRON COLLIER INVESTMENTS LTD PAGE 749 m B.C.P. - BARRON COLLIER PARTNERSHIP BEING SOUTH BV44'55' WEST. R.O.W = RIGHT OF WAY u CERTIFICATE OF AUTHORIZATION /LB -43 O IN 13 S. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF C.D.C. - COLLIER DEVELOPMENT CORPORATION RECORD. S. THIS SKETCH MAY HAVE BEEN REDUCED. NB9'J2'26"E 7. SEE ARACHED FOR LEGI. DESCRIPTION 4 POINTS ME SEQUENTIAL AND LABELED INCREMENTALLY LANDS RESERVED FOR AG2 GROUP USES W INTERMEDIATE POINT LABELS ME OMITTED FOR CLMITY. CONTAINING 739.32 ACRES +�- 9. REFERENCE WILSONMILLER PCDOCS NUMBER 1689M FOR DESCRIPTION J Q 10. U Jul 26. 2006 - 05:0841 JCSOTTYIX \SUR\03312 \SSA 9 \1H -21gvg U ar � v m b PA& QA P SO 1'11'28 "E 150.02' r S89'44'S5'W/ 2676.91' 1/4 CORNE 2 PAL. EN Y SECTION COR. 0 SOD IOOD 20M 4000 BE CORNER OF SCALE SECTION 13 GENERA NO TA t. ALL DIMENSIONS ARE IN FEET MO DECIMALS THEREOF, UNLESS OR; 4197 PG; 1469 T -48 -S 6 NB9'51'32'E / t993.62' B.C.I. O.R. BOOK 2493 3 PAGE 2]]9- 2]96 78 387 374 82 90 7 B.C.P. O.R. BOOK 2009 PAGE 1546 -1553 B.C.P. 1 p O R BOOK 1900 C7 PAGE 179 -184 LANDS RESERVED FOR EARTH MINING AND PROCESSING USE CONTAINS 50.083 ACRES 170-1 - NOt'27'02'W LI00' LOIL WELL ROAD 150.04' PA0. (100' RIGHT -OF -WAY) PAM, EARTH MINING AND PROCESSING USES PARCEL EARTH MINING AND PROCESSING USES PARCEL SW CORNER OF SECTION 18 Wilsor�Miller M1WAY.. Fippnen . C- cdo9dle . ylelve . Lmticpe Ar AMCb . irvlePSi.Bn Cawlenfe W&WAUer.kic. A'µ✓» . as W. • Sr.ch . B+JSfn . TW . TMMWas . M C2T &xA 9S0 BW ww a4e xo . RgkL i1yiJ101[8 -A01 • Hua 2Ddaaw . w zcvJ m6. weo-sre ....am+..mn ** NOT A SURVEY ** OTHERWISE NOTED. A88RIOMTIONS: 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED O.R. - OFFICIAL RECORD BOOK SEAL Of A FLORIDA LICENSED SURVEYOR AND MAPPER. C.E. - COLLIER ENTERPRISES, LTD 3, BEARINGS ME BASED ON THE SOUTH UNE OF SECTION 13, B.C.1. = BARRON COLLIER INVESTMENTS LTD TOWNSHIP 48 SOVTH. RANGE 29 EAST, COLLIER COUNTY, fLORIG B.C.P. - BARRON COLLIER PARTNERSHIP BEING SOUTH BV44'55' WEST. R.O.W = RIGHT OF WAY 4. CERTIFICATE OF AUTHORIZATION /LB -43 P.O.C. a POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING S. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF C.D.C. - COLLIER DEVELOPMENT CORPORATION RECORD. S. THIS SKETCH MAY HAVE BEEN REDUCED. SSA# y 9 7. SEE ARACHED FOR LEGI. DESCRIPTION 8. POINTS ME SEQUENTIAL AND LABELED INCREMENTALLY LANDS RESERVED FOR AG2 GROUP USES INTERMEDIATE POINT LABELS ME OMITTED FOR CLMITY. CONTAINING 739.32 ACRES +�- 9. REFERENCE WILSONMILLER PCDOCS NUMBER 1689M FOR DESCRIPTION 10. SEE SHEET 5 FOR COORDMTE TABLE, Jul 26. 2006 - 05:0841 JCSOTTYIX \SUR\03312 \SSA 9 \1H -21gvg Wilsor�Miller M1WAY.. Fippnen . C- cdo9dle . ylelve . Lmticpe Ar AMCb . irvlePSi.Bn Cawlenfe W&WAUer.kic. A'µ✓» . as W. • Sr.ch . B+JSfn . TW . TMMWas . M C2T &xA 9S0 BW ww a4e xo . RgkL i1yiJ101[8 -A01 • Hua 2Ddaaw . w zcvJ m6. weo-sre ....am+..mn ** NOT A SURVEY ** OR: 4197 PG: 1470 1 CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING T-48 -s 6 74.20 .0 .I . PREPARED BY: B 1 o.R. BOOK / V PAGE 2779 2493 W W 17 C16 1 148.47 1 116.10 1 7.TI6'IT 138.56 1 S54'25'34 -E C17 E ADLEY E. STOCKRAM, P.S.M. L5.#6390 QL ATE N89'00'09'E 7T 6'16' 270.34 1106.06' C18 /N�993.67 B.C.I. D.R. BOOK 79 t.10 2 1 1• 305.59 2a93 PAGE 2779- C19 270.30 I 191.10 2]96 248.32 CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING C15 74.20 1 58.90 1 72-10- 59.39 1 5 52'47- C16 1 148.47 1 116.10 1 7.TI6'IT 138.56 1 S54'25'34 -E C17 292.07 216.10 7T 6'16' 270.34 N50'13'12'E C18 307.52 79 t.10 2 1 1• 305.59 NW 21-53-E C19 270.30 I 191.10 81'02'26 248.32 N51'17'31'W 12 S89'24'56 -W 151.63' C.D.C. O.R. 153] O PAGE 749 t NO O N II W 2 J N o b N b b F NSOI'11'28'E 150.02' 1/4 CORNE 0 500 IODO 20M 4000 GRAPHIC SCALE GENERAL NOTES: I. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. UNLESS OTHERWISE NOTED. 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3. BEARINGS ME BASED ON THE SOUTH LINE OF SECTION 13. TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH 8544'55' WEST. 4. CERTIFICATE OF AUTHORIZATION 10-43 5. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. 6. THIS SKETCH MAY HAVE BEEN REDUCED. 7. SEE ATTACHED FOR LEGAL DESCRIPTION 8. POINTS ME SEOUENN4. AND I-MUSO INCREMENTALLY. INTERMEDIATE POINT EASELS ME OMITTED FOR DIMITY. 9. REFERENCE WILSONMILLER PCDOCS NUMBER 171904 FOR DESCRIPTION 10. SEE SHEET 5 FOR COORDINATE TABLE. 13 1OW m Al] m �a �z O.R. 2009 1545 n, , rc +n O �1N =W do O� mmp vom �vn m 9'r ^' o 'G ,p z om v 50 >0 0 N w PARCEL DESCRIBED \ 789.40 ACRES 2 MRNL GI. O.R. B.C.P. C.R. BOOK 30K 2493 2009 PAGE kGE 2779 1546 -1553 B.C.I. O.R. BOOK 2545 PAGE 596 B.C.P. 1 p O R BOOK 1900 C7 PAGE 179 -184 vom n A 0 p LANDS RESERVED FOR EARTH m MINING AND PROCESSING USE m °037g =tr6 CONTAINS X50.08± ACRES - NO1'27'OYW\ LIDO. LOIL WELL ROAD 150.04' PAS (100' RIGHT -OF -WAY) PAA EARTH MINING AND PROCESSING USES PARCEL EARTH MINING AND PROCESSING USES PARCEL SW CORNER OF SECTION 18 ABBREVIATIONS: O.R. - OFFICIAL RECORD BOOK C.E. - COLLIER ENTERPRISES, LTD B.C.I. = BARRON COLLIER INVESTMENTS LTD B.C.P. BARRDN COLLIER PARTNERSHIP R.O.W = RIGHT OF WAY P.O.C. POINT OF COMMENCEMENT P.O.B. PONT OF BEGINNING C.D.C. COLLIER DEVELOPMENT CORPORATION SSA# 9 LANDS RESERVED FOR EARTH MINING AND PROCESSING USES CONTAINING 50.08 ACRES +/- JuI 26. 2006 - 08:08 N6 JC50TlYl%\SUR\0 }]12 \SSA 9 \IH- 21.Evg W/1s011M/ / /er .� fWm.. E�A.v. • E>•c/.j1E1s • B"TNYR7 • L4A1K'RFe ArrMecB . Tly yW.tinT Caw4ulb Wisor"er, Inc. RDBMVY LW49AS�. Be MW.•9rMC6. ft*mI• TA . TeLM+se• PMNm� Oly Bead, AkpA RxUt �.n zsc®MaD. FM a➢ fia-ms. WM.9e ...,bamitr o,I ** NOT A SURVEY ** - -- - - -- -AR: 1197 PG; 1471 P POINT POINT POINT POINT NUMBER NORTHING FASTING NUMBER NORTHING FASTING NUMBER NORTHING FASTING NUMBER NORTHING FASTING 1 712804.21 504055.04 100 713763.55 506100.36 200 721697,38 504609.31 300 774413.04 504493.69 2 712792.47 501378.16 101 713721.48 506125.22 201 721740.11 504362.17 301 71440914 504475.31 3 71294246 501375.04 102 713673.87 506149.50 202 721768.81 504339.41 302 714404.45 504465.04 4 715479.80 501322.29 103 713673.87 50592,361 203 72177262 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.J2 504309.09 7 718179.40 50280773 106 713364.22 506226.78 206 721818.06 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 712994.51 506234.03 208 722019.89 504378.48 313 713145.15 504356.10 10 723590.77 505837.49 109 712954.20 504053.33 209 722019.92 504378,48 314 713171.64 504373.40 11 723456.97 505803.24 110 712942.46 501375.04 210 722019.68 504378.88 315 713107.70 504421.36 12 723343.69 505794.53 113 718230.06 504798.88 211 722101.13 504381.77 JIB 713088.01 504481.41 13 722818.37 505940.99 114 718218.48 504794.36 212 722176.61 50438177 319 713112.75 505386.07 14 722805.79 505900.91 115 718166.80 504783,17 213 721267.00 504361.58 322 71367221 15 722790.98 505905.32 116 718125.04 50477J.66 214 722-322.66 504349.15 503928.26 16 721795.56 506304.78 117 718125.04 504773.66 215 722385,82 504325.47 323 713378.57 503922.10 17 720754.42 506495.37 118 718125.04 504773.66 216 722426.86 504310.07 324 713314.41 503922.10 18 720744.19 506485.68 119 718048.06 504719.32 217 722524.49 504257.97 325 213279.87 503915.93 19 720738.29 506476.77 120 717960.12 504657.25 218 722524.49 504257.97 326 327 713267.53 713270,00 503890.02 20 720733.37 506469.00 121 717936.82 504678.02 219 72254747 504222.18 328 713282.33 503832.03 21 720726.50 506467.21 122 717781.90 504510.25 220 722557,J1 50414075 329 713290.97 503704.95 22 720581.62 506468.06 123 717679.52 504425.77 221 722557.31 504140.75 503664.24 23 720377 09 506558.20 124 717671.15 504390.15 222 722556.95 504136.04 JJO 331 713300.84 503644 49 24 720365.21 506563.26 125 717670.71 504388.19 223 722555.39 504133.23 332 713320.58 713371.16 503635.86 25 720334.55 506574.68 125 717655.26 504318.50 224 722550.58 504118.40 333 713536.49 503632.16 50363139 26 720303.21 506584.07 127 717655.26 504318.49 225 722550.58 5041 ?&40 334 713578.24 503626.62 27 720271.33 506591.J9 128 717679.52 504169.46 226 722546.29 504102.46 335 713602.00 503632.99 28 720239.03 506596.61 129 717759.41 504041.67 227 722538.32 504072.86 335 713602.00 29 720237.25 506596.54 130 717776.06 504015.03 228 72253235 504050.72 503632.99 30 7199617.00 506628.01 131 717786.80 50399784 229 722519.34 504029.89 J37 338 713606.05 713626.74 503632.94 503636.64 31 719957.71 506629.81 132 717766.80 503997.84 230 722490.71 503972.62 339 713647.89 503637,77 32 719970.17 506623.25 133 718199.02 507995.09 231 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 503641.71 34 719975.88 506599.75 135 718855.57 503995.43 233 722472.48 50385287 342 713752.49 503641.43 35 71997779 506585.80 136 719127.58 503995.57 234 722495.91 503839.86 343 713775.62 503641.71 36 719979.06 505571.20 137 719127.71 503995.9 235 722515.96 5038J7.53 344 713778.18 503641.06 J7 719979.06 506536.93 138 719440.56 503995.72 236 722519.34 503837.25 345 71378201 503643.26 38 719977.15 506521.70 139 719615.64 503995.81 237 722613.06 503877.25 346 713805.45 503640.79 J9 719974.61 505495.04 140 719864.49 503995,93 238 722660.61 503835.22 347 713831.36 50363B.J3 40 719973.34 505469.02 141 719904.63 504110.84 239 722757.64 503831.08 348 713865.91 507637.09 41 719970.80 506437.26 142 719948.81 504237.24 240 722873.45 503827.84 349 713886.88 503629.69 42 719970.80 505408.72 143 719949.26 504238.54 241 72291763 503814.24 350 713905.39 507622.29 43 719970.17 506385.88 144 719949.26 50423854 242 723045.27 503829,71 351 713923.90 503621.05 44 719968.90 506373.18 145 719949.26 504238.54 243 723120.00 503817.06 J52 713946.11 45 719965.09 506355.41 246 719949.26 504236.54 244 72J184.68 503811.21 503623.52 46 719961.92 505339.54 147 719947.29 504264.72 245 723423.63 503809.39 J53 713972.01 503525.99 47 719953.03 505296.38 148 719948.31 504270.58 246 723482.53 503808.62 354 713995.46 503632,16 48 719951.13 506279.88 149 719950.39 504282.50 247 727565.93 503802.54 355 356 714017.66 714039.87 503632.16 49 719949.86 506265.29 150 719955.80 504308.79 248 723582.56 503801.95 J57 714079.35 50362722 50 719948.59 506249.42 151 719960.90 504333.03 249 723565.14 503801.86 358 714091.69 503627.12 51 71994732 506228,47 152 719961.98 504338.18 253 712954.19 504051.23 503644.49 52 719945.42 506206.89 153 719966.62 504359.83 254 71294289 50261J.35 359 714099.09 503655.47 53 719945.42 506190.39 154 719967.75 504368.63 255 714152.79 502586.66 J60 361 714101.55 503692.61 54 719945.98 506178.11 155 719970.49 504359.99 256 714324.00 502528.47 362 714106.50 714108.96 50373579 55 719945.34 50616779 156 719972.04 504408.55 257 714668.63 502520.57 363 714110.20 503771.57 56 719946.53 506147.79 157 719973.58 504428.65 259 71489654 502817.71 364 714105.26 503601.18 503854.24 57 719950.87 506131.96 158 719974.41 504438.19 259 714958.93 503139.76 365 714107.26 58 719945.00 506017..9) 159 719975.13 504446.44 260 715248.26 503399.49 503893.23 59 719902.95 505907.81 160 719977.20 504457.05 261 715418.12 503432.49 366 714089.22 503924.56 60 719945.00 505784.48 161 719960.54 504474.27 262 715505.05 503787.69 367 714011.50 503930.73 61 719966.44 505656.35 162 719962.74 504486.01 253 715532.10 507982.77 368 713828.90 503929.50 62 719949.01 505576.68 163 719965.18 504499.02 264 715632.38 504273.11 369 713674.86 504033.00 63 719904.20 505490.79 264 719989.05 504529.18 265 715650.42 504380.01 370 711978.70 505377.38 64 719823.28 505388.71 165 719989.82 50455779 265 715466.94 504980.23 371 713113.83 505376.97 65 719725.81 505079.48 166 719969.62 504584.85 267 715479,68 505039.00 372 373 713096.61 713241.90 504510.21 66 71969135 505072.71 167 719989.82 50461733 268 715572.70 505175.03 374 713627.3B 504316.43 67 71964704 505041.85 168 719992.14 504655.22 259 71571735 505309.42 375 713932.97 504243.10 68 719396.80 504764.63 169 719997.56 504683.06 270 715716.99 505392.53 504245.04 69 719318.02 504713.24 170 72000220 504713.99 272 714103.96 505387.63 376 377 714234.99 504306.49 70 719208.91 504699.61 171 720005.00 504736.97 273 71406851 505381.27 378 714407.96 714415.51 504514.25 71 719133.42 504696.12 172 720006.06 50474570 274 714081.15 50537730 379 504921.60 72 719037.42 504723.50 173 720008.41 504754.92 275 714074.08 505372.83 380 714334.90 714082.71 505034.30 73 718975.86 504785.14 174 720017.54 504790.84 276 7]4064.11 505365.23 381 505115.23 74 718934.86 504860.42 175 720020.36 504846.78 277 714057.36 505359.05 714041.81 505171.28 75 718887.27 504891.29 176 720023.65 504922.06 278 714058 09 505337.04 3B2 714041.74 50539270 76 718825.74 504891.29 177 71977751 505048.72 279 714057.14 505323.59 383 712954.19 504051.25 77 718671.23 504868.22 178 719749.32 505055.49 281 714038.44 505272.66 J84 712804.21 504055.04 78 718592.63 504856.90 179 725588.01 504714.23 282 774033, 64 505208.16 395 387 723585.87 503843.67 79 718355.31 5041321.05 180 72J570.28 504715.04 283 714034.84 505122.69 71J674.86 50403100 80 716291.16 504812.52 181 723563.24 504717.14 285 714065.60 505102.11 388 718190.86 5039) 1. 19 81 71826017 504828.70 182 71352796 50043.19 286 714090.62 505094.70 12 718033.21 505353.86 183 723427.03 504762 77 266 714179.93 50508711 83 717829.05 505376.26 IS4 723260.48 504660.42 289 7142DJ 06 505083.85 84 717649.80 505408.63 165 723219.22 504884.74 290 714251,66 505070.09 85 717553.94 505435.02 186 723173.30 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 714357.43 505025.84 86 717217.84 505708.64 189 72296756 505006.97 295 714383.24 505013.21 89 717099.58 50975.86 190 7226J4.05 505032.86 296 71440537 504976.38 90 716886.29 505624.67 191 722631 -9 505033.02 297 71441285 504955.59 91 776456.16 50588253 192 722309.52 505225.23 299 71441756 504571.59 92 716046.45 505838.10 193 722219.05 505195.76 93 716025.28 505737.27 194 722007.86 505126.98 94 715969.27 50560780 195 721629,41 505003.29 95 715747.26 505392.54 196 721645.99 504906.49 SEE SHEETS 96 714317.20 1. 5053985 197 721661 -22 504818.41 COORDINATE TABLE 1 -4 FOR SIGNATURE AND NOTES. 97 714320.97 505754 -99 798 721671.35 504759.83 98 714274.43 505779.31 199 721665.19 504679.76* 99 774234.96 505802.82 NOT Q SURVEY J,I 26, 2006 - 00:06'35 JCSOTI MNSUR\03312\SSA 9 %IH- 21.Cwq rr�r dri r CLIENT: HYUION OMM rs a SAWN 0M.0 R• PARTNFR%W WilsonMiller TITLE SKETCH OF DESCRIPTION OF PART OF SECTIONS 12 MD 13. IOWNSNIF 46 SOUTI. MNCE 20 F57 ♦ PND ETCTIONS 7 AND 16, TOMNSNIF IS S.R, RaNCE 29 E T - Ef61CIX]- ftxA')pb -5>���y3= 4�.��(a17�1�0'39 A- y,{1 T /YagAY(Lfi�l CpigiyJ COWER COUNTT, FLORIOA N4b•6if 14p4•lrpay 41ry.TWL�e•PUw4 p74ed1 DATE: PROJECT NO- SHEET NUMBER: FILE N4: 4�19Yn'Lm RI'XV-NdxlMiJ4C' 607•Hne ZBdq'd0•f++2Bdq -9b• YfdS9e wMOnivmn 3106 0W2 -PO4- 000 -71noO s nr s 1H -27S1 OR: 4197 PG: 1472 170 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 88 056'28" 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 °13112 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 ", W192006 174324 v¢,: on -JCSO Y m3unos.000 -. o OR; 4197 PG; 1473 RE DESCRIPTION OF LANDS SECTION 18 TOWNSHIP 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, 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. 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: 25 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. ai%M2 -174324 var ov -�csom 03312 -00YOOO. o OR: 4197 PG: 1474 17D DESCRIPTION OF LANDS SECTION 18 TOWNSHIP dB 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 1H- 21.S3. 8r1y2006 -174324 Vol 011 -JCSOT y 03312- 0D9 =D - -0 WilsgnMillero New Directions In Planning, Design 8 Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP " SOUTH. RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 7OF7 OR; 4197 PG; 1475 17� 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__/ EY DATE BRADLEY STvCKHAM, P.S.M. PSM.#6390 WILSONM!LLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A PROFESSIONAL SURVEYOR 1,ND MAPPER. REFERENCE WILSONMILLER DRAWING NUMBER 1 H- 21.S3. 16N68 Vx. 011 -TOWS E 1 033M12-00000P -0 ® SSA 9 - LASI'MIA-1 A(- RLFN7EN*l- WilsbnMiller 1 -.%III Cil 1 - III 'S I OA 1TIUX :11\1. AS OR; 4197 PG; 1477 no 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 916120M 176856 V¢r; 011- BBTOLNHA 03312 - 000 -000 - -0 OR; 4197 PG; 1478 170 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 91812004176866 Ver'. 011. 96TOCKHA 033112 -ODO- 000 - -0 OR; 4197 PG; 1479 170 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 °33'17" 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 WWWF 176666 Va!'. 011 . BBTOCKHA 03331 2- 000-0M -0 OR; 4197 PG; 1480 17D 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 9IW200B 176B" ve,: m!- BSTDCKHA c.ma mala000aoo - -o OR; 4197 PG; 1481 17D 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 °44'52" 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 TMO,E 176866 Ver 6f r. BSTOCNHA 003113000.000 -- 0 OR; 4197 PG; 1482 170 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, FASTING 503139.76 POINT NUMBER 260, NORTHING 715248.26, FASTING 503399.49 POINT NUMBER 261, NORTHING 715418.12, FASTING 503432.49 POINT NUMBER 262, NORTHING 715505.05, FASTING 503787.69 POINT NUMBER 263, NORTHING 715532.10, FASTING 503982.77 POINT NUMBER 264, NORTHING 715632.38, FASTING 504273.11 POINT NUMBER 265, NORTHING 715650.42, FASTING 504380.01 POINT NUMBER 266, NORTHING 715466.94, FASTING 504980.23 POINT NUMBER 267, NORTHING 715479.68, FASTING 505039.00 POINT NUMBER 268, NORTHING 715572.70, FASTING 505175.03 POINT NUMBER 269, NORTHING 715717.35, FASTING 505309.42 POINT NUMBER 270, NORTHING 715716.99, FASTING 505392.53 POINT NUMBER 96, NORTHING 714317.20, FASTING 505391.86 THENCE THROUGH THE FOLLOWING VERTICES IN STRAIGHT LINE SEGMENTS UNLESS OTHERWISE NOTED: POINT NUMBER 382, NORTHING 714041.74, FASTING 505392.70; POINT NUMBER 381, NORTHING 714041.81, FASTING 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 72 010'38 ", A DISTANCE OF 74.20 FEET, HAVING A CORD BEARING OF NORTH 53 052'47" WEST FOR 69.39 FEET (TO POINT NUMBER 380, NORTHING 714082.71, FASTING 505115.23); THENCE N.17 047'28 "W., A DISTANCE OF 264.86 FEET (POINT NUMBER 379, NORTHING 714334.90, FASTING 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, FASTING 504921.60); THENCE S.88 °56'20 "W., A DISTANCE OF 407.42 FEET (POINT NUMBER 377, NORTHING 714407.96, FASTING 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, FASTING 504306.49); THENCE S.1 1'30'04"W., A DISTANCE OF 308.21 FEET (POINT NUMBER 375, NORTHING 713932.97, FASTING 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, FASTING 504243.10); THENCE S.10 °46'18 "E., A DISTANCE OF 392.40 FEET (POINT NUMBER 373, NORTHING 713241.90, FASTING 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, FASTING 504510.21; POINT NUMBER 371, NORTHING 713113.83, FASTING 505376.97; 9,842006 176888 1e, 011 - BSTOCKHA CM 3 03]12000- 000 - -0 OR: 4197 PG: 1483 imil 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 °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 88032'58" 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 9 /8Y0'O 176666 Ver: C14 BSTOCKH 03312-000 - 0 OR: 4197 PG: 1484 IAN 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 91B 00617SH6 V6r: 01! BSTOCNHA 03312 - DOD- 000..D OR: 4197 PG: 1485 17D DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE29FAST 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 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 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. 91W200F96666 Ver 01613STDCKHA 03312- 000 - 000 - -0 OR; 4197 PG; 1486 Ils®nt ®ller' 17 D New Directions In Punning, Design & Engineering DESCRIPTION OF LANDS LYING WrTHINSECTIONS 12 AND 13 TOWNSHIP48SOUTH, RANGE29EAST AND SECTIONS T AND 1B TOWNSHIP 43 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 10 OF 10 DATE ?-e-OZ BRADLEY E. S TOCKHAM, 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 S2. i.-I 17CM V.I. pn -2SOC, iA 3312- 00pWJ-p OR; 4197 PG; 1487 LINE TABLE 7D 1 T -+9 -S 6 PREPARED BY: I B.C.I. W W PA�B� / O.R. BOOK 2493 1 PARCEL 'A PAGE 2779 NW CORNER BE (��s SECTION 7 BRADLEY E. 5T KHAM, P.S.M. L.S.�fi390 DATE POINT NUMBER 9 NB9'51'32 "E K ]S16'1 ' 1993.62' 554' S' 4" S89'S IW B.C.I. O.R. BOOK Bff00'10 "W 2a93 PAGE 2779- 870.36' 292.D7 42.02' 365 2795 ]T26'16" 4 179 N O'13'12'E 245 1 PARCEL 30].52 ONTAINS 2716'21 e 42.202 N00'21'S3'E —ACRES 2]0.30 D 234 1> Bl'02' 8' B.C.P. O.R. 192 N 1'1T }1'W BOOK 2009 212 AGE 1546 202 PARCEL DESCRIBED 789,40 ACRES 3 G'ERAIL na man iB, C.I. O.R. OnN B.C.P. O.R. BOOK x 2493 S30'44'52'E 2009 PAGE W �j OO Q PAGE 2779 27.36' 1546 -1553 m m6 154 f16178 14�BOOK PARCE "B" 1 n 5 CONTAINS L _ 70 42.45± ACRE $ PAC 3 7 . PAROLBB 7fi SW CORNER OF 42.451 ACRES SECTION 7 78 t _ 1 N01'.3JT7"W o m 2113 83.34' A n' 23 2 127 C.D.C. O.R. yo O 1537 B.C.I. ED PAGE 749 O.R. SODK 2545 O PAGE 595 U 13 BGP II 0 R. BOOK 1900 1p O PAGE 179 -184 262 65 269 251 PARCEL 'C" W 359 CONTAINS 4 n z'p 119.911 ACRES (TOTAL) N PmR nm. - LESS 5.5 ACRE VJCE PARCEL L 5.55± ACRE p LAKE PARCEL 76 POINT NUMBER 322 ° °18 302 01 ie5 301 387 374 73 7 70 —. PARCEL -C 109 PDINT NUMBER 253 R01'27'OZW. 01L WELL ROAD T 1/5A0.04' 100' (100' RIGHT -OF -WAY) PARCCEL�C' SW CORNER OF GENERAL NOTES: SECTION 18 I. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS ABBREVWTIONS: 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. = BARREN COLLIER PARTNERSHIP TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA R.O.W . RIGHT OF WAY BEING SOUTH 8544'55' WEST. P.O.C. = POINT OF COMMENCEMENT 4. CERTIFICATE OF AUTHORIZATION # S -43 P.O.B. = POINT OF BEGINNING S. SUBJECT i0 EASEMENTS. RESTRICTIONS AND RESERVATION$ OF L.D.C. COLLIER DEVELOPMENT CORPORATION 0 500 1000 2000 4000 RECORD. GRAPHIC SCALE S. THIS SKETCH uAx HAVE BEEN REDUCED. 7. SEE ATTACHED FOR LEGAL DESCRIPTION RESTORATION PARCEL "A" CONTAINING 42.20 ACRES B. POINTS ARE SEOUENTIAL AND LABELED INCREMENTALLY. RESTORATION PARCEL "B" CONTAINING 42.45 ACRES +/- INTERMEDIATE POINT LABELS ARE OM17ED FOR CLARITY. RESTORATION PARCEL "C" CONTAINING 119.91 NET. ACRES +/- 9. REFERENCE WILSONMILLER PCDOCS NUMBER 158962 FOR DESCRIPTION 10. SEE SHEET 5 FOR TABLE, = * NOT A SURVEY + + COORDINATE Jul 26, 2006 - 0000:37 JCSOTTYI \SUR\03 312 \3u 9 \IH- 21.d.g w CLIENT: �M �."�Sk 6Vb101E COLM P/R11E1mP WilsoeMiller TITLE. SKETCH OF 06CRIPItON OF PARE OF SERIpN 12, iptVNSNIP 46 SCVTN, Rµ6E 29 EAST Pbrcm - BIp'FW Wa - Eca2 kh - 6MWfyre • Lv�:eAeA NPI . TiMq> ,Psp, CaMWWA AND SECTIONS 7 MO 10, TOWNSHIP 40 SOUTH. RANGE 29 EAST COLLIER COUNTY. FLORIDA Wl9Dnlfiler, Inc. DATE PROJECT ND.: SHEET NN9ER: FILE N0: IRA - HPIu P/WA- AAA- BA?m'm •TWp4- TMdear- F—ayPMM IaoeeaylAlM. s4Abll•AWb10.ri494. 058507•Raro 2:d 664W -FA 2W fip3)G• WiPirRk, ....I� -.3rmu 3/05 03312 -PO4 -000 -21000 2 OF 5 7H -2152 LINE TABLE LINE LENGTH BEARING L101 ]20.89 NOt'2T02'W L102 704.77 58B'32'S8'W CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING C15 74.20 SB.90 7 10'38' 69.39 5555 '47E Ct6 148.47 116.10 ]S16'1 ' 138.56 554' S' 4" C17 292.D7 216.10 ]T26'16" 270.34 N O'13'12'E C18 30].52 ]91.10 2716'21 SD5.59 N00'21'S3'E C19 2]0.30 191.1D Bl'02' 8' 248. }2 N 1'1T }1'W -- - - OR: 4197 PG: 1488 POINT POINT POINT POINT Z I Li NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING 1 712804.21 504055.04 100 713763.55 506100.36 200 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 501375.04 102 70673.87 506149.50 202 711768.82 504339.41 302 714404.45 504465.04 4 715479.80 50f322.29 103 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 506125.16 205 721818.06 504349.15 306 714257.32 504309.09 7 718179.40 502807.73 106 713364.22 506226.78 206 721818.06 504349/5 307 714247.05 504]04.30 8 723556.61 502737.98 107 713338.18 50612768 207 721893.36 504360.09 312 713161.51 504346.51 9 723585.87 503843.87 108 712994.51 50623403 208 722019.89 504378, 4B 313 713146.15 504356.10 10 723590.77 505837.49 109 712954.20 504053.33 209 722019.92 504378.48 314 713131.64 504373.40 II 723456.97 505803.24 110 712942.46 501375.04 210 722029.68 504378.88 J15 713107.70 504421.36 12 72334J.69 505794.53 113 718230.06 504798.88 211 722101.13 504381.77 316 713088.01 504481.41 13 722818.37 505940.99 114 718218.48 50479436 212 722176.61 50438177 319 713112.75 505366.07 14 722305.19 $05900.91 115 718166.80 504783.17 213 722267.00 504361.58 322 71367221 503928.26 15 722790.98 595905.32 116 718125.04 504773.66 214 722J22.66 504349.15 323 713378.57 503922.10 16 721395.56 506304.78 117 718125.04 504773.66 215 722385.82 504325.47 324 713314.41 503922.10 17 720754.42 506495.37 118 718125.04 504773.66 216 721416.86 504310.07 325 713279.87 503915.93 18 720744.19 506485.88 119 718048,06 504719.32 217 721524.49 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 72254747 504222.18 328 713282.33 503704.95 21 720726.50 506467.21 122 717761.90 504510.25 220 722557.31 50414075 J29 713290.97 503654.24 22 720581.62 506468.06 123 717679.52 504425.77 221 72255731 504140.75 330 71J300.84 503644.49 23 720J7709 506558.20 124 717671.15 504390.15 222 722556.95 504136.04 331 713320.58 503635.66 24 720365.21 506563.26 125 717670.71 504388.19 223 722555.39 504133.23 332 713371.16 5036J2.16 25 720334.55 506574.66 126 717555.26 504318.50 224 722550.58 504118.40 333 71353649 503633,39 26 720303.21 506584.07 127 717655.25 504318.49 225 722550.58 504118.40 334 713578.24 503626.62 27 720271.33 506591.39 128 7;7679.52 504169.46 226 722546.29 504102.46 335 713602.00 503532.99 28 720239.03 506596.61 129 717759.41 504041.57 227 722538.31 504072.86 335 713602.00 503631.99 29 720237.25 506596.64 130 717776.06 504015.03 228 722532.35 504050.72 337 713605.05 503632.94 30 71998700 506628.01 131 717786.80 503997.84 229 722519.34 504029.89 33B 713626.74 503636.64 JI 71996771 506629.81 132 717786.80 503997.84 230 722490.71 503972.62 J39 713647.89 503637.77 32 719970.17 506623.25 133 718169.02 503995.09 231 722475.09 503930.97 340 713675.08 503639.46 33 ]199]2.07 506513.09 134 718392.92 503995.20 232 72246].28 503881.51 341 713712.17 503641.71 34 719975.88 506599.]5 135 718855.57 503995.43 233 722472.48 503852.87 342 713752.49 503641.43 35 719977.79 506585.80 135 719127.56 503995.57 234 722495.91 503839.86 343 713775.62 50364171 36 719979.06 506571.20 137 71912771 503995.57 235 722515.95 503637.63 344 713778.16 503641.06 37 719979.06 506536.93 138 719440.56 503995.72 236 722519.34 503837.25 345 713782.01 503643.26 38 719977.15 506521.70 139 719615.64 503995,81 237 72261506 503837.25 346 713805.45 503640.79 39 719974.61 505495.01 140 ]19864.49 503995.93 236 722660.61 503835.22 347 713831.36 503638.J3 40 71997J.J4 506469.02 141 719904.63 504110.84 239 722757.64 503831.06 348 713865.91 503637.09 41 719970.80 50549.28 142 719948.81 5042]7.24 240 72283345 503827.64 J49 713886.86 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 71994926 504238.54 242 723045.17 503619.71 351 713923.90 503621.05 44 719968.90 50637J. 18 145 719949.26 504238.54 24J 723120.00 503817.06 352 713946/1 503623.52 45 719965.09 506355.41 146 719949.26 504238.54 244 723284,68 503811.22 353 713972.01 503625.99 46 ]19967.92 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 723481.53 503808.62 355 714017.66 503632.16 46 719951.13 506279.86 149 719950.39 504282.50 247 723565.93 503802.54 356 714039.87 50362722 49 719949.86 506265.29 150 719955.80 50430879 148 723562.56 503801.95 J57 714079.35 503617.22 50 719948.59 50624942 151 719960.90 50433J.OJ 249 ]23585.14 503601.86 358 714091.69 503644.49 51 71994732 506228.47 752 719961.98 504338.18 253 712954.19 504051.23 359 714099.09 503655.47 52 719945.42 506206.89 153 719966.62 504359.83 254 71294789 502513.35 360 714101.56 503692.61 53 719945A2 506190.39 154 71996775 504368.63 255 71415279 502586.86 351 714106.50 503735.79 54 719945.98 506178.11 155 719970.49 504369.99 256 714324.00 502528.47 362 714108.96 50971.57 55 719945.34 506161 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 71489654 502817.71 364 71410526 503854.24 57 719950.87 506131.96 158 719974.4; 504436.19 259 714958.93 50313976 365 71410726 503893.23 58 719945.00 50601793 759 719975.13 504446.44 260 715248.26 503399.49 366 714089.22 503924.56 59 719902.95 505907.81 160 719977.20 504457,05 251 715418.12 503432.49 367 714011.50 503930.73 60 719945.00 505784.48 161 719980.54 504474.27 262 715505.05 503787.69 368 713828.90 503929.50 61 719966.44 505656 35 162 21998274 504486.01 263 715532/0 50398277 369 713674.86 504033.00 62 719949.01 505576.68 153 719985. IB 504499.02 264 715632.38 504273.11 370 71297670 505377,38 63 719904.20 505490.79 164 719989.05 504529.18 265 715650.42 504380.01 371 713113.83 505176.97 54 719823.28 505J8B.71 165 719989.82 504557.79 266 71546694 504980.23 372 713086.61 504510.21 65 719725.81 505079.48 166 719989.82 504584.65 267 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 713627.38 504141 10 67 719547.04 505041.85 168 719992.14 504655.22 269 715717.35 505309.42 95 713932.97 504245.04 68 719396.80 504764.63 169 719997.56 504683.06 270 715716.99 505392.53 96 714234.99 504306.49 69 719318.02 504713.34 170 720002.20 504713.99 272 714103.96 50538763 97 714407.96 504514.25 70 719208.91 504699.61 Ill 720005.00 504736.97 273 71408651 505381,27 378 714415.51 504921.60 71 71913) 42 504696.12 172 720006.06 50474570 274 714061.15 50537730 379 714334.90 505034.30 72 7190942 504723.50 173 720008.41 504754.92 275 714074.08 505372.83 380 714081,71 505115.13 73 718975.86 504785.14 174 720017.54 504790.84 276 714054.11 505365.23 381 714041.81 505171.28 74 718934.86 504860.42 175 720020.36 50484678 277 714057.36 505359.05 382 71404174 505392.70 75 718887.27 504691.29 176 720023.65 504922,06 278 714056.09 505337,04 363 712954.19 504051.25 76 718625,74 504891.29 177 719777.51 505048.72 279 71405714 505J23.59 384 712804.21 504055.04 77 718671.23 50466822 17B 719749.32 505065.49 261 7f403644 505272.68 385 72358587 503843.87 7B 718592.63 504656,90 179 723588.01 504714.23 282 714033.64 505208.16 387 713574.85 504033.00 79 718355.31 504821.05 180 723570.28 504715.04 2B3 714034.84 505112.69 388 718190.86 503931.19 80 716298.16 50481252 181 723563,24 504717.14 285 714065.60 505102.11 81 718260.17 504828.70 182 723527.96 504743.19 286 71409052 505094.70 82 71803J.21 50525366 183 723427.03 504762.77 286 714179.03 50508711 83 717829.05 50596.26 184 723250 48 504660.42 289 714203.06 50508385 84 717649.80 505408.63 185 723219.22 504864.74 290 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 50497764 292 714300.57 505060.02 87 717360.99 505556.77 188 723023.35 505000.52 294 714367.43 505026.84 88 717217.64 505706.64 189 72296756 505006.97 295 714383.24 505013 -21 89 717099.58 505775.86 190 722634.05 505032.66 296 714405.37 504976.38 90 716886.29 505824.67 191 722631.97 505033.02 197 714412.85 504955.59 91 716456.16 505882.53 192 722309.52 505225.13 299 71441756 504571.59 92 716046.45 505838.10 193 722219.05 505195.76 93 716025.28 50579.27 194 72200786 505126.98 94 715969.27 50560780 195 721629.41 505003.29 95 715741.25 505392.54 196 721645.99 504906.49 SEE SHEETS 1 -4 FOR SIGNATURE 96 714J17,20 505391.85 197 721661.22 504818.41 COORDINATE TABLE AND NOTES. 97 714320.97 505754.99 198 72167135 504759.83 98 99 714274.43 71234.96 505779.31 505802.81 199 12168519 5046]976 * NOT A SURVEY *k Jnl 26, 2006 - 06:08:25 JCSOTII'I%: \SUR\01312 \SS 9 \IN -21pvg INi11 A N Ramr4. E�pium • Emlphtr �41bN6 -14R6oc+{v NtlieJ4 . TrvvpM41M CavYVB WI6GVtlAier, Y1C bD Bib' V+6 Pb� . For12IY�e • Srm6 . Bit.4dn . Twp • TWeme • h+n C%BSN Bpb{ Porb J4R58b7 • Rloe Z64Bi1Y1 • Fu SB6a -94- MbF9� w��bombmv CLIENT: BARRON SECTIONS 12 AND 13, TGWNSnll 48 SOUrn. 6 NCC 26 UST AND SECTIONS 7 AND 18. TO-SHP 16 Ml K R E M L*T COLUER COUNIT, 1LORIDq IROJECT NO.: SHEET NUMBER 3106 01112 Pna- nnn -91nnn c _ I 1H -91St - Vel. OR; 4197 PG; 1489 170 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, and C 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 EXHIBIT a a OR; 4197 PG; 1490 17D 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; OR: 4191 PG: 1491 and utilizing natural recruitment and planting of native canopy, subcanoJ 7 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. i. 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. j. 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 V-1 OR; 4191 PG; 1492 im 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. The estimated annual costs of the land management measures for Restoration Areas A, B, and C are $15,000. 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. P. 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. q. In the event the Grantor fails to annually provide the Surety and fails to maintain the Restoration Areas pursuant to the land management 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. 17� x I 0 PO �v w F6� EXHIBIT I OR; 4197 PG; 1495 1� 1 ij. z url CZ) .sue a.o ►ci 1� / /`This Instrument Prepared by: \ V George L. Varnadoe, Esq. Cheffy, Passidomo, Wilson & Johnson VVV 821 Fifth Avenue South, Suite 201 Naples, Florida 34102 3987376 OR: 4197 PG: 1703 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/15/2001 at 08:48AN DWIGHT B. FROCK, CLERK REC FBI 469.00 INDRING 3.00 Retn: CHEFFY PASSIDOHO ET AL 170 821 5TH AVE S #201 NAPLES FL 34102 STEWARDSHIP EASEMENT AGREEMENT (BCI /BCP SSA 9) THIS STEWARDSHIP EASEMENT is granted this ) ��'day of T ,a 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 OR: 4197 PG: 1704 transfer until success criteria are met as set forth in the SSA Agreement. .17 D 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. OR; 4197 PG; 1705 f. Agriculture - Support Uses, also described as Land Use layer 6. 17D 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 3 OR; 4197 PG; 1706 observatory and other eco- observation excursions, and other such 1 7 D 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. 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. 11 OR; 4197 PG; 1707 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. 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. b7 OR; 4197 PG; 1708 aft 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 JP�JVAR -� 2007. OR; 4197 PG; 1709 17D 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 F: \wpdocs \LIT \GLV \New Town Development\Ave Maria \Legal Docs from 7 -05 on \WORD -SSA 9 Easement Agreement 11 -13 -06 (2).doc OR: 4197 PG: 1710 GRANTEES' ACCEPTANCE OF STEWARDSHIP EASEMENT WITNESS: FLORIDA DEPARTMENT OF AGRICULTURE Name t Signature /_101111 17D fXA44., o4j, OR; 4197 PG; 1711 17D STATE OF FLORIDA COUNTY OF XCE6 ) ,.,rr�� The foregoi Stewardship Easement Agreement was executed before me this day of n 2 of the Florida Department of Agriculture and Consumer Affairs. ` k, Karen A. Meyer ,5, Commission # D0346679 Expires October 20, 2008 • Qf1 SOdW Toy Fah -1.... Inc. m0M -7016 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: eff . W ht Assis ant County Attorney DOUGLAS E. BAIT -tj (Print full name) (Signature) CAROLYN A. SHAW (Print full name) G Name l Certificat No. ?J My Commission Expires • - ,. / •_/ i- : Co ames �i14 In Dgputyt le Attos RS to Chzj 1rW' i, x: BARRON COLLILER INVESTMENTS, J. Marinelli nistrative Agent OR; 4197 PG; 1712 17D WITNESS: BARRON COLLIER INVESTMENT , L D )) / Florida Limited Partners p L-F' A Gi zc - By: iii. (Signature) Katherine G. Spr , Truste CAROLYNA. SHAW Juliet C. Sproul stamentary Trust A General Partner (Print full name) (Signature) Dii3r✓c G. l��' ✓�"� (Print full name) WITNESS: BARRON L R PARTN By: (Signature) Pa6l J. Marinelli CAROLYNA. SHAW - Administrative Agent (Print full name) cYs��-(Signature) l.�gtil,E � . ✓ /6Nc,�i (Print full name) WITNESS: CQhC�,tiJ C� /J �1 ac,— (Signature) CAROLYNA. SHAW (Print full name) (Signature) L9 /.W/O G. (Print full name) STATE OF FLORIDA COUNTY OF COLLIER OR: 4197 PG: 1713 BARRON COLLIER PARTNERSHIP, A Florida/General Partnership / , � Li0 Katherine G. Sproul, ustee�- Juliet C. Sproul Testhtnentary A General Partner 17C The forep9ing Stewardship Easement Agreement was executed before me this / / day of 200,1, by PAUL J. MARINELLI, as Administrative Agent of BARRON OLLIER INVESTMENTS, LTD. Notary Public Name: Certificate No. SUSAN L. MATURO My Commission expi Susan L Maturo My commission OD343616 n ' '. £ Expires October 15, 2006 OR: 4197 PG: 1714 STATE OF FLORIDA COUNTY OF COLLIER 170 fe. The fore ing Stewardship Easement Agreement was executed before me this �9 day of 200 by KATHERINE G. SPROUL, as Trustee for the Juliet C. Sprou estamen ary Trust, a General Partn=BARON OLLIER INVESTMENTS, L D. Notary Public SUSAN L. MATURO Name: Certificate No. STATE OF FLORIDA COUNTY OF COLLIER My Commission expires: sa,,. Susan L Maturo a4 `f My Commission DD343616 ?a� wok Expires October 15. 2008 The foregoing Stewardship Easement Agreement was executed before me this I9 11 day of 200 by PAUL J. MARINELLI, as Administrative Agent of BARRO COLLIE PARTNE SHIP 4*1'.. 4'A'tz' Notary Public Name: SUSAN L. MATURO Certificate No. My Commission expires: STATE OF FLORIDA �% susanLMatw COUNTY OF COLLIER ! ' My Commission DO343616 4or rvosP Expires October 15, 2008 The foregoing Stewardship Easement Agreement was executed before me this 1 i day of , 2009F, by KATHERINE G. SPROUL, as Trustee for the Juliet C. Spro Testame Lary Trust, a General Partner of BARRON COLLIER PARTNERSHIP. X�U� r� Notary Public Name: SUSAN L. MATURO Certificate No. My Commission expires: �WWft6 Susan L Maturo My Commission DD343816 or n Fprtes October 15, 2006 OR; 4197 PG; 1715 17D 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 Y< 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 °11'28" 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 01 011'02" 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); 03312 SO4 NO MRK 26783 OR; 4197 PG; 1716 170 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 7121312006 16593 3 Ver 0V JCSOTTY 033132 -SO X- MRK -28783 OR; 4197 PG; 1717 1 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 505775.86 726/]006 - 165933 Ver: 011 JCS017Y 03312 -SO4- 000 - MRH- 28783 OR; 4197 PG; 1718 170 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 68 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. 7/212006 155933 Ve, O11 -JOSOT 033112- 500 -000 -V RM -26763 OR; 4197 PG; 1719 17 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: 712612006- 165933 V-011 JCSOT D33112 -504 NO V W RK- 28783 Krilsonmillerio New Directions in Planning, Design &Engineering DESCRIPTION OF !ANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 08 SOUTH, RANGE 29 EAST AND SECTIONS 7AND 18 TOWNSHIP 48 SOUTH, RANGE 29 EAST. COWER COUNTY. FLORIDA SHEET OF OR; 4197 PG; 1720 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 2c114 GI� DATE 'l 8-D6 BRADLEY E. STOCKHAM, P.S.M. PSM -46390 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. !W &1to�.33 Ve 01!_��cDTfl' a 0]l1 SS61 -OtF V W W: -?A]N 17 OR; 4197 PG; 1721 O O O N W KC U N SO1'11.28 150.02' 1/4 SECTION 13 1 ABBREVIATIONS: OTHERWISE NOTED. O.R. = OFFICIAL RECORD BOOK T-48 —S 6 1 PREPARED BY B.C.I. - BARRON COLLIER INVESTMENTS LTD 3. BEARINGS PRE RASED ON THE SOUTH LINE OF SECTION 13, B.C.I. O.R. BOOK 2493 W ROM RIGHT OF WAY P 0 C POINT OF M �2tZLCey �c Gl �C PAGE 2]]9 2009 PAGE N89'S2'E 1993.6.62' BRADLEY E. STORNHAM, P.S.M. L.5.#6390 DATE N89'00109'E � Z9 1546 -1553 /7. 1106.06'8 / B.C.I. O.R. BOOK i 2493 PAGE 2J]9- 8 l/ 2J96 O O O N W KC U N SO1'11.28 150.02' 1/4 58 EW 11 Bx 1151.6 I51.6J' 83 84 86 C.D.C. O.R. nt 88 1537 m PAGE 749 m 90 U 13 BGP 5x 1 p O.R. BOOK 1900 C7 PAGE 179 -194 N89'J2'26'E 95 4 u v m b 9] 09 589'44'55 "W OIL WELL ROAD T616.9I' TOO' (100' RIGHT -OF -WAY) GENERAL NOTES: SECTION 13 i. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. UNLESS ABBREVIATIONS: OTHERWISE NOTED. O.R. = OFFICIAL RECORD BOOK 1 C.E. - COLLIER ENTERPRISES, LTD SEAL OF A PILGRIM LICENSED SURVEYOR AND MAPPER. B.C.I. - BARRON COLLIER INVESTMENTS LTD 3. BEARINGS PRE RASED ON THE SOUTH LINE OF SECTION 13, BGP. = BARRON COLLIER PARTNERSHIP TOWNSHIP 48 SOUTH. RANGE 29 FIST, COLLIER COUNTY, FLORIDA BEING SOUTH 8744'55' T ROM RIGHT OF WAY P 0 C POINT OF M a 2 B P. O.R. BOOK 2009 PAGE Z9 1546 -1553 /7. 31 61 58 12 58 EW 11 Bx 1151.6 I51.6J' 83 84 86 C.D.C. O.R. nt 88 1537 m PAGE 749 m 90 U 13 BGP 5x 1 p O.R. BOOK 1900 C7 PAGE 179 -194 N89'J2'26'E 95 4 u v m b 9] 09 589'44'55 "W OIL WELL ROAD T616.9I' TOO' (100' RIGHT -OF -WAY) GENERAL NOTES: SECTION 13 i. 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 PILGRIM LICENSED SURVEYOR AND MAPPER. B.C.I. - BARRON COLLIER INVESTMENTS LTD 3. BEARINGS PRE RASED ON THE SOUTH LINE OF SECTION 13, BGP. = BARRON COLLIER PARTNERSHIP TOWNSHIP 48 SOUTH. RANGE 29 FIST, COLLIER COUNTY, FLORIDA BEING SOUTH 8744'55' T ROM RIGHT OF WAY P 0 C POINT OF M WES. CO MENCEMENi 4. CERTIFICATE OF AUTHORIZATION /LB -43 P.O.B. POINT OF BEGINNING C.D.C. COLLIER DEVELOPMENT CORPORATION 5. SUBJECT TO EASEMENT$ RESTRICTIONS AND RESERVATIONS OF RECORD. 0 500 1000 2000 4000 6. THIS SKETCH MAY HAVE BEEN REDUCED. 2. SEE ATTACHED FOR LEGAL DESCRIPTION GRAPHIC SCALE B. POINTS ARE SEOUENTNL AND LIBELED INCREMENTALLY. PARCEL A DESCRIBED SSA# 9 INTERMEDIATE POINT LABELS ARE OMITTED FOR CWNTY. 789.40 ACRES 9. REFERENCE WILSORMILLER PCOOCS NUMBER 155933 FOR DESCRIPTION t1E NOT A SURVEY + + 1R. SEE SHEET 5 FOR COORDINATE TABLE. Jul 26. 2006 - 08:OS:25 JCSOTM1IM: \SUR \03313 \SSA 9 \1H -]LJwg s M IFNT: lAWW CI%= PN0lM pIS t NN0W C0U= PART ---- INilsgnMiller M n.+. 711LE OF DMMP�WN Of PART OF SEC71ONS 12 AND 13, TOWNSHW AS SOUTH, RANGE 28 EAST MID SECTIONS ] MD 18, TOWNSHIP AS SOUTH, RANGE 29 FIST rylWglg, Ejlytpyy•[cokggb, S4yTgn, Lvdec4N iy[ilg, {E. TEywRa We Cnw}pnM COLLIER COUNW. FLORIDA WABODMABF, IOC. Nepr.fW lllm.STnAd4•BEMM•N1ry •TMYeANe•IWWW O1Y 644M GATE: PROJECT NO.: SHEET NUMBER: PILE NO.: 5008MAY IA1W. bLb 2n.M1g4a PorMI.R8N8b). Rror D9<A -pro.Fa ED6afiM. We5�8ae F,lnr�nlHOm 3/06 03312 -PO4- 000 -21000 1 OF 5 /ZlSI s M IFNT: lAWW CI%= PN0lM pIS t NN0W C0U= PART ---- INilsgnMiller M n.+. 711LE OF DMMP�WN Of PART OF SEC71ONS 12 AND 13, TOWNSHW AS SOUTH, RANGE 28 EAST MID SECTIONS ] MD 18, TOWNSHIP AS SOUTH, RANGE 29 FIST rylWglg, Ejlytpyy•[cokggb, S4yTgn, Lvdec4N iy[ilg, {E. TEywRa We Cnw}pnM COLLIER COUNW. FLORIDA WABODMABF, IOC. Nepr.fW lllm.STnAd4•BEMM•N1ry •TMYeANe•IWWW O1Y 644M GATE: PROJECT NO.: SHEET NUMBER: PILE NO.: 5008MAY IA1W. bLb 2n.M1g4a PorMI.R8N8b). Rror D9<A -pro.Fa ED6afiM. We5�8ae F,lnr�nlHOm 3/06 03312 -PO4- 000 -21000 1 OF 5 /ZlSI OR; 4197 PG; 1722 POINT POINT POINT POINT 1 NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING 1 1 71280421 504055.04 100 713763.55 506100.38 200 721697.38 504609.31 300 714413.04 504493.69 2 712792.47 501378.16 101 71J721.48 506125.22 201 721740.11 504362.17 301 714409.24 504475J1 J 712942.46 501J75.04 102 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 72177262 504340.16 303 714370.65 504408.84 5 715493.38 503014.91 104 71JJ88.86 50592361 204 721790.07 504343.61 305 714267.04 504315.95 6 718180.95 502959.36 105 713388,86 506225.18 205 721818.06 504349.15 306 714257.J2 504309.09 7 718179.40 50280777 106 71335422 506226.78 206 72181806 504349.15 307 714247.05 504304.30 8 723566.61 502737.98 107 713336.18 506227.68 207 721893.36 504360.09 312 71316L51 504346.51 9 723585.87 503843.87 108 712994.51 506234.03 208 722019.89 504378.48 313 713146.15 504356.10 10 72359077 50583149 109 712954.20 504053.33 209 722019.92 504378.48 J14 713131.64 504373.40 11 723456.97 505803.24 110 772942.46 501375.04 210 722029.68 504378.88 J15 713107.70 504421.36 72 723343.69 505794.53 113 71823006 504798.88 211 722101.13 504381.77 316 71308801 504481.41 13 722818.37 505940.99 114 71821848 504794.36 212 722176.61 504381.77 319 71311275 505386.07 14 722805.79 505900.91 715 71816680 504783.17 213 722257.00 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 J24 773374.41 503922.10 17 720754.42 506495.37 118 718125.04 504773.66 216 72242686 504310.07 325 713279.87 503975.93 16 720744.19 506485.88 I19 718048.06 504719.32 227 722524.49 504257.97 326 713267.53 503890.02 19 720738.29 506476.77 120 717960.12 504657.25 216 722524.49 504257.97 327 713270.00 503832.0.3 20 720733.37 506469.00 121 72793682 504638.02 219 72254747 504222,18 328 713282.33 503704.95 21 720726.50 506467.21 122 717781.90 $04510.25 220 722557.31 504140.75 J29 713290.97 5OJ664.24 22 720581.62 506468.06 723 717679.52 504425.77 221 721557,31 504140.75 330 713300.84 503644.49 23 710377 09 506558.20 124 717671.15 504390.15 222 722556.95 504138.04 J31 713320.58 503635.86 24 720365.21 506563.26 125 717670.71 504388.19 223 722555.39 50413323 332 713371.16 5036J2.16 25 720334.55 506574.68 726 727655.26 504318.50 224 722550.58 504118.40 JJ3 713536.49 50363339 26 72OJ03.21 506584.01 127 717655.26 50431849 225 722550.58 504178.40 334 713578.24 503626.62 27 720211.33 506591.39 128 717679.52 504169.46 226 722546.29 504102.46 J35 71360200 503632.99 28 720239.03 506596.61 129 717759.41 504041.57 227 722538.32 504072.66 336 713602.00 5035J2,99 29 72023725 506596.84 130 717776.06 504015.03 228 722532.35 504050.72 337 713606.05 503632.94 30 71998700 506628.01 131 717786.80 50399784 229 722519.34 504029.89 JJB 713626.74 503636.64 31 719967 71 506629.81 132 717786.80 503997.84 230 722490.71 503971.62 339 713647.89 503637.77 32 719970.17 506623.25 733 718189.02 503995.09 231 722475.09 503930.97 J40 713676.08 503639.46 33 719972.07 506613.09 134 718392.92 503995.20 232 722467.28 503881.51 341 71 J712.17 50364271 34 719975.88 50659976 135 718855.57 503995.43 233 722472.48 503852.87 342 713752.49 50-5641.43 35 719977 79 506585.80 736 719127.58 503995.57 234 722495.97 503839.86 343 713775.62 50364171 36 719979.06 505571.20 137 719127.71 503995.57 135 722575.96 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 50383725 346 713805.45 503640.79 39 719974.61 506495.04 140 719864.49 503995.93 238 722660.61 503835.22 347 713631,36 503638.33 40 719973.34 505469.02 141 719904.63 504 110.84 239 722757.64 50383/.08 348 713865.91 503637.09 41 719970.80 506437.28 142 719948.81 50423724 240 7228J345 503827.84 J49 713886.88 503629.69 42 779970.80 506408.72 743 71994926 504238.54 241 722917.63 503824.24 350 713905.39 503622.29 43 719970.17 506385.88 144 719949.25 504238.54 242 72,304527 503819.71 351 713923.90 503621.05 44 719966.90 506373.18 145 719949.25 5042,38.54 243 72312000 503817,06 352 713946.11 503623.52 45 779965.09 506355.41 146 719949.26 5042J8.54 244 723284.68 503811.22 353 713972.01 50,3625.99 46 "9961.92 505JJ9.54 147 71994729 504264.72 245 723423 6J 503809.39 354 71J995,46 503632.16 47 719953.03 50529636 148 719948.31 504270.58 246 72348253 503808.62 355 714017,66 503632.16 48 719951.13 505279.88 149 719950.39 50428250 247 723565.93 50JB02.54 356 714039.87 503627.22 49 719949.86 506265.29 150 719955.80 504308,79 248 723582.56 503801.95 357 714079.J5 50362122 50 719948.59 506249.42 151 779960.90 5043,53.03 249 723585.14 503801.86 358 714091.69 503644.49 51 71994132 506228.41 152 719961.98 504338.18 253 712954.19 504051.23 359 714099.09 503665.47 52 719945.42 506206.69 753 719966.62 504359.63 254 712947.89 502613.35 360 774101.56 505692.61 53 719945.42 506190.39 154 719967.75 504368.63 255 714752.79 501586.86 361 714106.50 503735,79 54 719945.98 506178.11 155 719970.49 504389.99 256 714324.00 502518.47 362 774108.96 503771.57 55 719945.34 50616779 156 719972.04 504408.55 257 714688.63 502520.57 363 714170.20 50380,18 56 719946.63 506147 79 757 719973.58 504428.65 258 714896,54 502817" 364 71470526 503854.24 57 719950.87 506131.96 158 719974.41 504438.19 259 714958.93 50313976 365 71410726 50389.123 58 719945.00 50601793 159 719975.13 504446.44 260 715248.26 503399.49 366 714089.22 503924.56 59 71990295 505907,81 160 719977.20 50445705 261 775418.12 503432.49 367 714011.50 503930.73 60 719945.00 505784.48 761 71998054 504474.27 262 715505.05 503787.69 368 713828.90 503929.50 61 719966.44 505656.35 162 779992.74 504486.01 263 715532.10 503982.77 369 713674.86 504033.00 62 719949.01 505576.68 163 719985.16 504499.02 264 715632.38 504273 11 370 71297870 505J77.36 63 719904.20 505490.79 164 719989.05 504529.18 265 715650.42 504380.01 371 713113.83 505376.97 64 719823.28 505J8871 165 719989.82 504551 79 266 715466.94 504980.2) 322 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 71969135 505072.71 167 719969.82 50461733 268 71557270 505175.03 374 713627.38 504243.10 67 719647.04 505041.85 168 719992.14 504655.22 269 715717.35 505309.42 375 713932.97 504245.04 68 719396.60 504764.5) 169 779997.56 504683.06 270 715716.99 505392.53 376 714234.99 504306.49 69 719318.02 504713.24 170 720002.20 504713.99 372 774103.96 50538763 377 71440196 504514.25 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 72000606 50474570 274 714081.15 50537730 379 714334.90 505034.30 72 719037 42 504713.50 173 72000841 504754.92 275 714074.08 505372.83 380 714082.71 505175.23 73 718975.68 504785.14 174 720017.54 504790.84 276 714064.11 505365.23 381 774041.81 50517128 74 718934.86 504860.42 175 720020.36 504846.78 277 714057.36 505359.05 J62 214041.74 50539270 75 718887.27 504891.29 176 720023.65 504922.06 278 77405809 505337.04 363 712954.19 504051.25 76 718825.74 504891.29 177 71977751 505048 72 279 71405714 50532J.59 384 712804.21 504055.04 77 718671.23 50486822 178 719749.32 505065.49 281 71403644 505272.68 385 723585.87 50J843.87 78 718592.63 504856 90 179 723588.01 504714.23 282 714033.64 505208.16 387 713674.86 5040J3.00 79 718355.J1 504621.05 180 72J570.2B 504715.04 283 714034.84 505122.69 3BB 718190.86 50]931.19 80 710298.16 504612.52 IS' 72356.124 504717.14 285 714065.60 50510211 87 716160.17 504828.70 162 72352796 50474319 286 714090.62 505094.70 82 71603321 505353.86 18J 72J427.03 504762.77 268 714179.83 505087 11 63 717829.05 50537626 184 72J260.48 504860.42 289 71420306 50508,185 84 717649.80 505408.63 185 723219.22 504884.74 290 714251.86 505070.09 85 71755.194 505436.02 186 72313330 504935.39 291 714286.65 505064.07 B6 717469.90 505465.89 187 723088.17 50497764 292 714300.57 505060.02 87 717360.99 50555677 788 723023.35 505000.52 294 714367.43 505026.84 88 717217.84 505708.64 189 722967,56 505006.97 295 71438324 505013.21 89 71709958 505775.86 190 722634.05 505032.85 296 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 71441756 504571.59 92 716046.45 505838.10 193 722219.05 50519576 93 716025.28 505737.27 194 722007.86 505126 98 94 715969.27 505607.80 195 721629.41 505003.29 95 715741.26 505392.54 196 721645.99 504906.49 SEE SHEETS 1 -4 FOR SIGNATURE AND NOTES. 96 714J; .20 505]91.85 197 721661.22 50481841 COORDINATE TABLE 97 714320 97 505754.99 198 721671.35 504759.83 98 71427443 505779.J1 199 721685.19 50467976 99 714234.96 505802.82 * NOT A SURVEY *+ Jul 26. 2006 - 0809:25 JCSOTT X: \SUR\01112\S51 9 \IH- 2I.Cnq r ` �' CLIENT: �� 1 NATSjk*M t BARRON COLLIER pAR1� RSH p W��sonNli��er TITLE SKETCH OF DESCRIPTION OF PART OF s[cnCHS 12 +3, 4a sDU79, 2e EwET A . TOWNSHIP 46 u10 sccnorvs 2 nHO +6 .RAN SOWN. Ru.lcc zR c4sr T4na4 •6>� _ �. 51�Ll141 • �� • Tm¢477eYn LarlvL OUNTY, COLLIER <Old:iv, 11.07213772 DATE: PROJECT NO.: SHEE5 T NUMBER: FILE NO.: Fort 14J>4 • Svm4 . Btl4An . inp • iJMeuev • Rwn Cry 654[8 92U8bY V'�4 9L� . BYJr WiY.uMab7.7um. �el9,tltl•fv 20U09Y1•MWSb wimb'mn 3/06 03312 PO4-000-21000 OF 5 1H -21$1 sk Z"m yA ,a `\ C: Camp K.. mama �0 Rtls(FSA) ewarN, Area Okale ocn P.s��o (FSA) ` FI Lpa 4 ]t aM nhAre, '\ • W A Ir3Al `. ti FSA 41 1 OtLWELLRD HSA SA y S FSA Wh v ii e R SSA 9 - EASEMENT AGREEMENT WilsonMiller eXuisir n - 1 0( A i ioh NIAP N ,' . I a OR; 4197 PG; 1725 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 89044'551, WEST 2676.91 FEET TO THE SOUTH Y< 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 89032'26" 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 89024'56" 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 00044'30" 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); OI15200F 166956 Ven 015 TOSBORNE 0331,2000 000 .. 0 g EXHIBIT 9 170 OR: 4197 PG: 1726 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 89000'09" 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 89051'32" 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 &15/2086.166958 VB,: 011- iOSBORNE 03311000.000 - -0 OR; 4197 PG; 1727 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 3OF7 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 &162066- 168958 Ver: 611 TOSSORNE 6331,2 -660 666- - 6 J OR: 4197 PG: 1728 17D 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 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 01003'33" 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. 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 01'27'02" 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); 6,15/2006 - 168958 Ver'011- TOSBORNE 03312- 000 - 000 - -0 OR: 4197 PG: 1729 170 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 1S 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.01 048'45 "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.10 046'18 "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 50 013'12 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 54 025'34" 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 811512006 168958 Ver 01 F TOSBORNE 933132 -000- 000 - -9 OR: 4197 PG: 1730 17D 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 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 01003'33" 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. SSA 9 - LANDS RESERVED FOR AG2 GROUP USES CONTAINS 739.32 ACRES SUBJECT TO 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. 6'1L200& 168958 Ve,'. 011. TOSBORNE , 03312- 000 - 000 - -0 OR; 4197 PG; 1731 wilsonmillef Naw Directions In Planning, Design & Engineering DESCRIPTIONOF LANDS SECTION 18 TOWNSHIP" SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET OF 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 _��5�, DATE9 8 -GG BRADLEY E. 'TCCKHAM, 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.S& �,v�- ITaiz< v�r: ou -�csom C oW1 2ooacoa -o 17DGal 1 PREPARED BY:J IADLEYKHf,N;, P.S.M. - L.S.J6330 DATE B.C.I. CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING W W O.R. BOOK 2493 69.39 S5-T52'47"E PAGE 2779 148.,7 0 7516'12" 138.56 S54' S' 4"E C! � NH9'00'09 "E 7726'16" 270.34 1 N50-13.12 -E 1106.06' 1 307.52 791.10 1 22'16'21" 8 1 N 1' 3 "E C19 9 CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING C15 1 74.20 58.90 72'70'38" 69.39 S5-T52'47"E C76 148.,7 116.10 7516'12" 138.56 S54' S' 4"E C17 292.07 216.10 7726'16" 270.34 1 N50-13.12 -E C18 1 307.52 791.10 1 22'16'21" 1305.59 1 N 1' 3 "E C19 1 270.30 191.10 1 81' IT' 1248,321 N51'17' 1'W 12 589'74'56"W 151.63' CDC. OR 153] p PAGE ]49 O N 13 OR; 4197 PG; 1732 T -48-S 6 ^J N8993.62'E 199 1 / 0 B.CI / .. O.R. BOOK 249493 3 1 I PAGE 27]9- 2]96 78 387 374 7 B.C.P. O.R. BOOK 2009 PAGE 29 1546 -1553 B.0 P. 1 p OR BOOK 1900 O PAGE 179 -164 LANDS RESEW MINING AND PI CONTAINS 50.083 ACRES 589'44'55 W / / "W\ LO /L WELL R040 7676.91' i 4 J lJ PA.C. !M O Pte. EARTH MINING AND PROCESSING USES PARCEL J N SE CORNER OF fn V m b SIN CORNER OF SECTION 18 PAA 50 ,50..08'E 50.07' — 1/4 CORNE 0 SOD 1000 2000 40M SCALE GENERAL NOTE9RAPHIC I. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED. 2. HOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RNSEO SEAL OF A FLORIDA UCENSEO SURVEYOR AND MAPPER. 3. BEMINGS ME BASED ON THE SOUTH LINE OF SECTION 13, TDWNSHIP 48 SOUTH, RINGE 29 EAST, COLDER COUNTY, FLORIDA BEING SOUTH 8744'55 WEST. 4. CERTIFICATE OF AUTHORIUTION /L8 -43 5. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. 6. THIS SKETCH MAY HAVE BEEN REDUCED. 7. SEE ATTACHED FOR BEM DESCRIPTION 8. POINTS ME SEOUENTML MO LABELED INCREMENTALLY. INTERMEOMTE POINT LABELS ME OMITTED FOR CURVY. 9. REFERENCE WILSONMILLER PCDOCS NUMBER 1689M FOR DESCRIPTION 10. SEE SHEET 5 FOR COORDIATE TNRE. OR; 4197 PG; 1732 T -48-S 6 ^J N8993.62'E 199 1 / 0 B.CI / .. O.R. BOOK 249493 3 1 I PAGE 27]9- 2]96 78 387 374 7 B.C.P. O.R. BOOK 2009 PAGE 29 1546 -1553 B.0 P. 1 p OR BOOK 1900 O PAGE 179 -164 LANDS RESEW MINING AND PI CONTAINS 50.083 ACRES 589'44'55 W / / "W\ LO /L WELL R040 7676.91' i \`NO1'27'02 L 100' (100' RICHT -OF -WAY) 150.06' J PA0. PA.C. !M O Pte. EARTH MINING AND PROCESSING USES PARCEL SECTION COR. EARTH MINING AND PROCESSING SE CORNER OF USES PARCEL SECTION 13 SIN CORNER OF SECTION 18 MBREVMBONS: O.R. = OFYICML RECORD BOOK C.E. - COLLIER ENTERPRISES. LTD B.C.I. BARRON COLLIER INVESTMENTS LTD B.C.P. BARRON COLLIER PARTNERSHIP ROM RIGHT OF WAY P.O.C. =POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING C.D.C. COLLIER DEVELOPMENT CORPORATION SSA# 9 LANDS RESERVED FOR AG2 GROUP USES CONTAINING 739.32 ACRES +/- Jul 26, 2006 - 08:08:41 JCSOT X \SUR\O3312 \SSA 9 \IH- 21.Jry Wilco_ nMillei Pamx9 . Fipne -s . Erob9ib . yFy1wF . Lrpcpe NAMb . Tmywle6on CaMenM1 iig901lBT, k)C. Nqb - FxT MP4 - WncM1 . RAeaml -TRWN - Tidl - FWa+R Ob RsAN JaM BW9 LRN, R4IDO -NNbA Rim W 9RAf- 0.e/.IwH 2P6B p10. Fm ER R63lR. weo-aw .....bomb -.mn ** NOT A SURVEY ** SECTIONS 12 AND 13, TOANSHIP 43 WON. RJACE 28 EAST AND SECTIONS 7 AND 18, TOMNSHW 48 SOUTK RANGE 29 EAST COLLIER COUNTY. FLORIDA PECT NO.: SHEET NUMBE 3/06 033ROJ12 -PO4 -000 -21000 3 O R F 5 1H -2153 CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING j 7x.20 58.90 7 10'38' 69.39 B. c PREPARED BY: ta8.47 116.10 O.R. BOOK 138.56 S54-25'347E C17 PAGE 2771 / / 1 270.3a ADLEY E. ST KHAM, P.S.M. L.S.y6 }90 ' D'A4E •' .'� N89'00'09�E 16'21' }05.59 NOD' 1"2"' N00' i'53'E 1106.06 270.30 191.10 1� 1248.32 CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING C15 7x.20 58.90 7 10'38' 69.39 55352'4iE C16 ta8.47 116.10 73'16'17 138.56 S54-25'347E C17 1 292.07 216.10 I 7726'16' 270.3a C18 307.52 791.10 16'21' }05.59 NOD' 1"2"' N00' i'53'E C19 270.30 191.10 81'02'28" 1248.32 1 N51'17'31'W O.R. 2009 1546 OR; 4197 PG; 1733 T-48 -S 6 N89'5 1'32•E 1993.62' B.C.I. O.R. BOOK 2493 PAGE 2779- 2796 PARCEL DESCRIBED \ 789.40 ACRES 3 DIERN.L I/4 CORNERJ 0 500 1000 2000 4000 GRAPHIC SCALE GENERAL NOTES: I. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED. 2, NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3, BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13. TOWNSHIP 48 SOUTH. RANGE 29 EAST, COLDER COUNTY, FLORIDA BEING SOUTH B9'44'SS WEST. 4. CERTIFICATE OF AUTHORIZATION 118 -43 S. SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF RECORD. S. THIS SKETCH MY MVE BEEN REDUCED. 7. SEE ATTACHED FOR LEGAL DESCRIPTION 8. POINTS ME SEQUENTIAL MO UBELED INCREMENTALLY. INTERMEDIATE POINT LIBELS ME OMITTED FOR CLARITY. 9. REFERENCE WILSONMILLER PCDOCS NUMBER 171904 FOR OESCRIPTION 10. SEE SHEET 5 FOR COORDINATE TABLE. 1• - NO1'27'O7W LDIL WELL ROAD 150.04' PA11o0 (100' RIGHT -OF -war) P.Q.C. EARTH MINING AND PROCESSING USES PARCEL EARTH MINING AND PROCESSING USES PARCEL SW CORNER OF SECTION 18 ABBREVUTIONS: O.R. . OFFICIAL RECORD BOOK L.E. = COLDER ENTERPRISES, LTD B.C.I.. BMRON COLLIER INVESTMENTS LTD B.C.P. BARRON COLLIER PMTNERSHIP R.OM RIGHT OF WAY P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING C.O.C. COLLIER DEVELOPMENT CORPORATION SSA# 9 LANDS RESERVED FOR EARTH MINING AND PROCESSING USES CONTAINING 50.08 ACRES +/- Jul 26. 2006 - 08:0844 JCS0MI%\SUH\00312 \SSA 9 \1H- 21.dw9 WilsgnMiller rr�al CLIENT; � a 0 lTmWF . frpsm • Ea'A7jgI. 9r M • LAIIMWUPAMdbcfe . Tr4lRpwfABm CmNW4M B07LMI�8Fr EIIC. NMb . Fvl YAYI • Sv4NN . R4t4AIM . TRrp . TMMNSw . PMWn GgBNtlr O8M LiN7LMM, a9ls 8%1 .IAfMAPortA 016.IAJ • P6aW E9.59 -IOU • fv L860.9W. MA9M 1r....iamdYmn •• NOT A SURVEY ++ SECTION 19, 7001SHIP 48 SOUTH, MNCE 29 EAST COLLIER COUNTY, FLORIDA 3/06 1 03312 -PO4- 000 -21000 4 OF 5 1 1N -2153 V � Grn dY a o 6N B.C.I. O.R. B.C.P. O.R. BOOK RE BOOK 2493 PAGE uo � PAGE D ]9 1546 t546 -1553 mmD 12 5851.6 1 SL6J' nom 2 C.D.C. 1537 m mx B.C.I. PAGE 749 m o O.ft. BOOK 2545 O u U PAGE 596 N F 13 B.C.P. p O R BOOK 1900 II 1 O PAGE 179 -184 N89'J27CE 1692.67' n o m lal Z v o m a LANDS RESERVED FOR EARTH Q o m MINING AND PROCESSING USE a o m 377 6: o0 CONTAINS - ° p" o xJ7 50.083 ACRES TU// n b m o c17 I4 79 97 m F -0 Is �o ' °N N o °o OS _ i I/4 CORNERJ 0 500 1000 2000 4000 GRAPHIC SCALE GENERAL NOTES: I. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED. 2, NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3, BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 13. TOWNSHIP 48 SOUTH. RANGE 29 EAST, COLDER COUNTY, FLORIDA BEING SOUTH B9'44'SS WEST. 4. CERTIFICATE OF AUTHORIZATION 118 -43 S. SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF RECORD. S. THIS SKETCH MY MVE BEEN REDUCED. 7. SEE ATTACHED FOR LEGAL DESCRIPTION 8. POINTS ME SEQUENTIAL MO UBELED INCREMENTALLY. INTERMEDIATE POINT LIBELS ME OMITTED FOR CLARITY. 9. REFERENCE WILSONMILLER PCDOCS NUMBER 171904 FOR OESCRIPTION 10. SEE SHEET 5 FOR COORDINATE TABLE. 1• - NO1'27'O7W LDIL WELL ROAD 150.04' PA11o0 (100' RIGHT -OF -war) P.Q.C. EARTH MINING AND PROCESSING USES PARCEL EARTH MINING AND PROCESSING USES PARCEL SW CORNER OF SECTION 18 ABBREVUTIONS: O.R. . OFFICIAL RECORD BOOK L.E. = COLDER ENTERPRISES, LTD B.C.I.. BMRON COLLIER INVESTMENTS LTD B.C.P. BARRON COLLIER PMTNERSHIP R.OM RIGHT OF WAY P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING C.O.C. COLLIER DEVELOPMENT CORPORATION SSA# 9 LANDS RESERVED FOR EARTH MINING AND PROCESSING USES CONTAINING 50.08 ACRES +/- Jul 26. 2006 - 08:0844 JCS0MI%\SUH\00312 \SSA 9 \1H- 21.dw9 WilsgnMiller rr�al CLIENT; � a 0 lTmWF . frpsm • Ea'A7jgI. 9r M • LAIIMWUPAMdbcfe . Tr4lRpwfABm CmNW4M B07LMI�8Fr EIIC. NMb . Fvl YAYI • Sv4NN . R4t4AIM . TRrp . TMMNSw . PMWn GgBNtlr O8M LiN7LMM, a9ls 8%1 .IAfMAPortA 016.IAJ • P6aW E9.59 -IOU • fv L860.9W. MA9M 1r....iamdYmn •• NOT A SURVEY ++ SECTION 19, 7001SHIP 48 SOUTH, MNCE 29 EAST COLLIER COUNTY, FLORIDA 3/06 1 03312 -PO4- 000 -21000 4 OF 5 1 1N -2153 OR; 4197 PG; 1734 POINT POINT POINT POINT NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING 1 712804.21 504055.04 100 71]763.55 506100.38 200 721697.38 504609.J1 300 214413.04 504493.69 2 772792.47 501378.16 101 713727.48 506125.22 201 721740.11 504762.17 301 214409.24 504475.J1 J 712942.46 501375.04 102 713673.87 506;49.50 202 72176882 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 50592,161 204 721790.07 504343.61 305 714267.04 504315.95 6 718180.95 502959.36 105 713388.86 506225.18 205 721818.06 504349.15 J06 714257.32 50009.09 7 71817940 502807.73 106 713364.22 506226.78 206 72181806 504349.15 307 71424705 504304.30 8 723566.61 502737.98 107 713338.18 506227.68 207 721893.36 504360.09 312 717161.51 504346.51 9 723585.87 503843.87 108 712994.51 506234.03 108 712019.89 504378.48 313 713146. 15 504356.10 10 723590.77 505837.49 109 712954.20 504057.33 209 722019.92 504378.48 314 713131,64 504373.40 II 723456.97 50580324 110 712942.46 501375.04 210 722029.68 504J78.68 315 713107.70 504421.36 12 723343.69 505794.53 113 718230.06 50098.88 211 722101.13 504381.77 316 713088.01 504481.41 13 712878.37 505940.99 174 716218.48 504794.36 212 712176.61 504381.77 319 71311275 505386.07 14 722805.79 505900.91 115 718166.60 504783.17 213 721267.00 504361.58 322 713672 21 503928.26 15 722790.98 505905.31 116 718125.04 504773.66 214 722322.66 504349.15 323 713378.57 50392210 16 721395.56 506304.78 117 716125.04 504773.66 215 722385.82 504325.47 324 713314.41 503922.10 17 720754.42 506495.37 118 718125.04 504773.66 216 722426.86 504310.07 325 713279.87 503915.93 18 220744.19 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 J27 713270.00 50383203 20 720733.37 506469.00 121 71793682 504638.02 219 722500 W4222. 18 328 713282.33 503704.95 21 720716.50 506467.21 122 717781.90 504510 25 220 722557.31 504140.75 J29 713290.97 503664.24 22 720581,62 506468.06 12J 717679.52 504425.77 221 72255731 504140.75 330 713300.84 503644.49 23 720377 09 50655820 124 717621.15 504390.15 222 722556.95 504138.04 331 713320.58 503635.86 24 720365.21 50656326 125 717570.71 504388.19 123 712555.39 504733.23 332 713371.16 503632.76 25 720334.55 506574.68 126 717555.26 504318.50 224 711550.58 504118.40 333 713536.49 503633.39 26 72030-121 506584.07 127 717655.26 504318.49 225 722550.58 504718.40 334 713578.24 503626.62 27 720271.33 50659LJ9 128 717679.52 504169.46 226 722546.29 504102.46 335 71360200 503632.99 28 7202J9.03 505596.61 129 717759.47 504041.67 227 722538.32 504072.86 336 713602.00 5036J2.99 29 720237.25 506596.84 730 717776.06 504015.03 228 722532.35 504050.72 737 713606.05 503631.94 30 71998700 506628.07 131 717786.80 50399764 229 722519.34 504029.89 338 713626.74 503636.64 31 719967.71 506629.81 132 717786.80 50399784 230 722490,71 50397262 339 71360.89 50363777 32 779970.17 50662125 133 716189.01 503995.09 231 721475.09 5039JO.97 340 713676.08 503639.46 33 719972.07 506613.09 134 718392.92 503995.20 232 72246718 503881.51 J41 713711.17 50364171 34 719975.88 506599.76 135 718855.57 503995.43 233 722472.48 503852.87 342 713752.49 503641.43 35 71997779 506585.80 136 719127.58 503995.57 234 722495.97 503839 86 343 713775.62 503641.21 36 779979.06 506571.20 137 719127.71 503995.57 235 722515.96 503837.63 344 713778.18 503641.08 37 219979.06 506536.93 138 719440.56 503995.72 236 722519.34 50383725 345 713782.01 503643.26 38 719977,15 50652170 139 719615.64 503995.81 237 72261106 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 719973.34 506469.02 141 719904.63 504110.84 239 722757,64 503831.08 348 713865.91 503637.09 41 779970.80 506437.26 142 71994881 504237.24 240 712833.45 503817.84 349 713686.88 503629.69 42 719970.80 506408.72 143 719949.26 504238.54 241 72291763 503824.24 350 713905.39 503612.29 4J 779970.17 506385.88 144 719949.26 504138.54 242 723045.27 503819.71 351 713923.90 50362105 44 719968.90 506373.18 145 719949.26 504138.54 24J 723120.00 503817.06 352 713946.11 503623.52 45 719965.09 506355.41 146 719949.26 504238.54 244 723284.68 503811.22 353 713972.01 503625.99 46 719961.92 506339.54 147 71994729 504264.72 245 723423.63 503809.39 354 713995.46 503632.16 47 719953.03 506296.38 148 719948.31 504270.58 246 723462.53 503808.62 355 77401766 503632.16 48 779951.13 506279.88 149 779950.39 504182.50 247 223565.93 503802.54 356 774039.87 503627.22 49 719949 86 506265.29 150 719955.80 504308.79 248 223582.56 503801.95 752 714079.35 50362222 50 719948.59 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 504338.18 253 712954.19 504051.23 359 774099.09 503665.47 52 719945.42 506206.69 153 719966.62 504359.63 254 71294769 502613.35 360 774101.56 503692.61 53 719945.42 506190.39 754 719967.75 504368.63 255 714152.79 502586.86 361 714106.50 503735]9 54 719945.98 506178.11 155 719970.49 504389.99 256 714324.00 502528.0 362 21410896 503771.57 55 719945.34 506167.79 156 71997204 504408.55 257 714688.63 502520.57 363 714110.20 503801.18 56 719946.63 506147 79 157 719973.58 504428.65 258 714895.54 502817.71 364 714105.26 50385424 57 719950.87 506131.96 158 779974.41 504438.19 159 7149W 93 503139.75 365 714107.26 503893.2) 56 719945.00 50601793 159 719975.13 504446.44 260 71524826 503399.49 366 714089.22 503924.56 59 719902.95 505907.81 160 719977.20 504457.05 161 715418.12 503432.49 367 714011.50 503930]3 60 219945.00 505784.48 161 719980.54 504474.0 262 715505 05 503787.69 368 713828.90 503929.50 61 719966.44 505656.35 162 719962.74 504466.01 263 715532.10 503982.77 369 713674.86 504033 00 62 719949.01 505576.68 163 719965.18 504499.02 264 71563238 50403]1 370 712978.70 50537ZJB 63 71990420 505490.79 154 719989.05 504529.18 165 71565042 504,580.01 371 71311383 505376.97 64 719823.28 505388.71 765 219989.82 504557.79 266 "546894 504980 23 372 713086.61 504510.27 65 719725.81 505079.48 166 719989.82 504584.85 267 715479.68 505039.00 323 773241.90 504316.43 66 719691.35 50507271 167 719989.82 504617.33 268 "557270 505175.03 374 213627.38 504243.10 67 719647.04 505041 H5 166 719992.14 504655.22 169 715717J5 505309.42 375 713972.97 504245.04 68 719396.60 504764.63 169 719997.56 50468106 270 775716.99 505392.53 376 71423499 504306.49 fig 719378.02 50013.24 170 720002.20 5001].99 02 714103.96 50538763 372 71440196 504514.25 70 21920891 504699.67 171 720005.00 504736.97 273 714088.51 505381.27 378 714415.51 504921,60 71 7191JJ.42 504696.12 172 720006.06 504745.70 04 "4081.15 50537230 379 214334.90 505034.30 72 719037.42 504723.50 173 72000841 504754.92 05 71407408 505372.83 380 714082.71 505175.23 73 218975.88 504785.14 174 720017.54 50479184 06 714064.11 505365.23 381 774041.81 505171.28 74 718934.86 504860.42 175 720020.36 504846.78 277 714057.36 505359.05 J82 114041,74 505392]0 75 718687.27 504891.29 776 72002..65 504921.06 238 714058.09 50533204 383 772954.19 504051.25 76 71B825.74 504891.29 177 71977451 505048.72 279 77405714 50532J.59 384 771804.21 504055.04 77 718671.2) 50486822 178 719749.32 505065.49 281 714038.44 505272.68 J55 723585.87 503643.87 78 718592.63 504856.90 779 723588.07 504714.23 282 714033.64 505208.16 387 773674.85 504033.00 79 718355.31 504821.05 180 723570.28 504715.04 28J 214034.84 505122.69 388 778190.86 5GJ931.?9 80 718298, I6 504812.51 181 223563.24 504717.14 285 714065.60 505102.11 BI 718260 17 504828 70 182 72352296 50474319 286 714090.62 505094.70 82 718033.21 505353.86 183 72342703 504762.77 288 714779.83 50508211 63 717829.05 505376.26 184 72J260. 48 504860.42 289 71420306 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 777469.90 505465.89 187 727088.17 504977.64 292 714300.57 505060.02 87 217360.99 505556,77 188 72302J.35 505000.52 294 714357.43 50501684 88 717217.84 505708.64 789 72296256 505006.97 295 714383 24 505013.21 89 717099.58 505775.86 190 722634.05 505031.86 296 714405.37 504976 38 90 716886.29 505824.67 191 722631.97 5050JJ.01 297 714412.85 504955.59 91 716456.16 505882.53 192 722309.51 505225.23 299 714417.56 504571.59 92 216046.45 505638.10 193 722279.05 505195.76 93 716025.26 505732.27 194 72200786 505126.98 94 715969.27 505607.80 195 721629.41 505003.19 95 715741.25 505J92.54 196 721645.99 504906.49 SEE SHEETS 1 -4 FOR SIGNATURE AND NOTES. 96 71431720 505391.85 197 721661.22 504818.41 COORDINATE TABLE 97 714320 97 505754.99 198 72167135 504259.83 98 214274.43 505779.31 199 721665.19 504579.76 ** NOT A SURVEY ** 99 214234.96 505802.82 Jul 26, 2006 - 000025 JCSORYXS \$1172 \03112\$$P B \IN -21 Crg Wilson Miller _ TITLE SKETCH OF DESCRIPTION OF PART OF SECTONS 12 AND 13. TOWNSHIP 48 SOUTH, RANGE 28 FIST ,. AND SECTIONS 7 ME 18. IOWNSNI 48 SOUTH. RANGE 29 EAST •A S��A•��b TAB COLLIER COUNTY, FLORIDA MIG DAIS: PROJECT NO.: SHFET NUMBER: FILE NO.: ffiOBWy WIy �.FoY 141+ 4•BVmY.BtlLM.TnP•TWew.Rm4lY18eeN µpry gYly,f9lf.C�7. Prue Zp4Odlp•w 5&6CF9M -µtr4 wbnllhmn 3/06 03312 -POa -000 -21000 5 OF 5 1H -2151 OR; 4197 PG; 1735 17. l7D 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 °44'55" EAST, 2.08 FEET (POINT NUMBER 109, NORTHING 712954.20, EASTING 504053.33); THENCE NORTH 88 056'28" 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.10 046'18 "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 NA 1 030'04 "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 "; 8",12006 -174324 Po,: on- JCSOm 0311]009.000. -0 OR: 4197 PG: 1736 17D 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 53 052'47" 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. 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 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. &15/2006- 170324 Ve,'. 011 -JCSOT Y 0 3 312 009 OOD 0 OR: 4197 PG: 1737 I7D 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 1H- 21.S3. 911P2a06 - 174324 ve,: 011 JCSOTT 0 12 W9 ODD - -a WilsOnMiller® OR; 4197 PG; 1738 New Directions In Planning, Design & Engineering y ppp��� DESCRIPTION OF LANDS ■ 7 LYING WITHIN SECTIONS 12 AND 13 1 AND TOVMHIP48 SOUTK AND RANGE 29 EAST TOWNSHIP 48 R TOWNSHIP USOUTH.RANGE 29 EAST, COWER COUNTY, FLORIDA SHEET 7 OF 7 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 r(' F' -0 L BRADLEY - . STOCKHAM, P.S.M. PSM.#6390 WILS&OALER, INC. EGISTERED ENGINEERS AND LAND SURVEYORS. NOT VALID WITHCOT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A PROFESSIONAL SURVEYOR AND MAPPER. REFERENCE WILSONMILLER DRAWING NUMBER 1 H- 21.S3. 189858 Va: 011 -TDSBO cwt oa�lxmB9oo- -a f Restoration Aree'A" 191 EWR.I..I.I.WW S SA 9 FA S ENI 1:1 N T A G R L LIN/I F NT wilsonmiller 1, X I f 1 1; 1 1 1'. - R I S 1 0 R A I 1 0 N X R I A S OR: 4197 PG: 1740 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 9I6I2fi06- 1]66fifi Ve,'. 01!- BSTOCKIIA 03]13.000- 000 - -0 17 OR: 4197 PG: 1741 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 9/8/4006 - 176866 Ver'. 011 95TOCMHA , 33312000- 000 - -0 O. OR; 4197 PG; 1742 17D 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 89000'10" 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 01033'17" 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 TWO, Ve,: 011 - BSTOCKHA 03312- 0000. -0 OR; 4197 PG; 1743 17D 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 WI 006 - 176666 Ve,; 011. BSTOCKHA 033132- 000 - 060 - -0 OR: 4197 PG: 1744 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 111 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 30044'52" 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 9,812006- 96866 Von OP- BSTOLNHA , 03312 000 -000 - 0 OR; 4197 PG; 1745 k DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 68 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 68 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.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; 9'0/2006176866 Ver'. O1!. BBTOCKHA 03312 0MO 00 -- 0 OR; 4197 PG; 1746 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 7 AND 18 TOWNSHIP 68 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 89044'55" 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 88032'58" 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 902006 - 176866 Ve,, 01!- BSTOCMHA , 03312 000 -000 -- 0 17D OR; 4197 PG; 1747 M 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 9IBI8006. 176866 Var 011- BSTOCKHA 03312 000.000, 0 OR; 4197 PG; 1748 170 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 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 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, 9/6/4006176666 V-011 BSTOCKHA 03312 00"00 -- 0 OR: 4197 PG: 1749 WilsonNillero New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 12 AND 13 TOWNSHIP48SOUTH, RANGE29EAST AND SECTIONS T AND 18 TOWNSHIP48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA SHEET 10 OF 10 BY wG(L, -.�/` ax/ DATE Of J� 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 S2. i4—.o- 170m V= ot4svoG, S an 3]124a0-000 - -0 17P OR: 4197 PG: 1750 LINE TABLE T-48_S s 170 PREPARED BY: B.C.F W W P.O.B. OOO O.R. BOOK 2493 PARCEL "A• 4 lc l =70 PAGE 2779 AM CORNER Of ( GG Li C SECTION R7 BRADLEY E. ST KHAM, P.S.M. L.S.Q6390 DATE POINT NUMBER 9 N89'93.62'E 720.89 I993.6I' L102 "W S89'51'32'W B.G.I. O.R. BOOK 588'12'58'w 700'10 870.36' 2493 PAGE 2779- 7516'1 ' 42.02' 3B5 2796 554' '34' 9 I'9 292.0] 245 1 -ARCEL "A" ]T26'1K ONTAINS N5013'12'E 42.202 30].52 -ACRES 2716'21' to NOV21'SSE 234 q 2]0.30 O.C.P. OR 192 81'02'28' BOOK 2009 N51'17'31 "W PARCEL DESCRIBED CURVE TABLE 789 40 ACRES 3 OVERALL CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING gyp^ B. C.I. O.R. O�t•J B.C.P. O.R. BOOK m w BOOK 2493 SJO'44'52 'E 2009 PAGE o o PAGE 2779 27.36' 1546 -1553 m m d 154 176170 4 PARCE "B 6 CO INS 2 1} 70 42.451 A RES P.0.9 PAC ] PARCEL 'B 4 6 PARCEL "B SW CORNER 42A5± ACRES SECTION 7 70 7 1 I NO1'33'ITW v o m13 2117 83.34' m 23 27 C.U.C. OR Jz. 1537 B.C.I. PAGE 749 O.R. BOOK 2545 O PAGE 596 13 u BCP. II 8 O.R. BOOK 1900 O PAGE 179 -184 I 1 Z6Z fi5 269 251 PARCEL "C' lJ CONTAINS m 355 C n A 119.91± ACRES (TOTAL) - - LESS 5.5 ACRE LAKE PARCEL N PAS 5.55± ACRE 0 7 1 LAKE PARCEL 760 POINT NUMBER 322 382 0 75 57 381 387 374 373 7 70 - 109 PARCEL "7P.04. POINT NUMBN,01'27.07W. OIL WELL ROAD 150.04• t00' (100' RIGHT -OF -WAY) PCELC SW CORNER OF GENERAL NOTES: SECTION 18 I. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS ABBREVMTIONS: OTHERWISE NOTED. O.R. = OFFICIAL RECORD BOOK 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED C.E. - COLUER ENTERPRISES. LTD SEAT OF A FLORIDA LICENSED SURVEYOR RIO MAPPER. B.C.I. m 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 ROM - RIGHT OF WAY BEING SOUTH 8744'55 WEST. P.O.C. = POINT OF COMMENCEMENT 4. CERTIFICATE OF AUTHORIZATION sLB -43 P.O.B. POINT OF BEGINNNG C.D.C. = COLLIER DEVELOPMENT CORPORATION 0 500 1000 2W0 4000 S. SUBJECT TO EASEMENTS. RESTRICTIONS MO RESERVATIONS OF RECORD. GRAPHIC SCALE 6. THIS SKETCH MAT HAVE BEEN REDUCED. 7. SEE ATTACHED FOR LEGAL DESCRIPTION RESTORATION PARCEL "A" CONTAINING 42.20 ACRES +/- 8. POINTS ARE SEDUENTIAL AND LABELED INCREMENTALLY. RESTORATION PARCEL "B" CONTAINING 42.45 ACRES +/- INTERMEDIATE POINT LABELS ARE OMITTED FOR CLARITY. RESTORATION PARCEL "C" CONTAINING 119.91 NET. ACRES +/- 9. REFERENCE WILSONMILLER PCOOCS NUMBER 168962 FOR DESCRIPTION NOT A SURVEY >«+ 10. SEE SHEET 5 FOR COORDINATE TABLE. Jwl 26. 20M - 08'.08:37 JCS0"X.\SUR \03312 \SSA 9 \IH- 2i.a.y FF� w CLIENT S aa" �= & as COLM PARIIEI®i WilsonMiller TITLE SI(EfCH OF 06CRIPIION OF PART OF 9ECDPV 12, TOWNSHP 48 SOUTH, RANGE 28 GST AND SECTIONS ] AND 15. TOWNSHIP 48 SOUTH, RANGE 29 FAST PYrnen - Eipiem • E"kO*. AnWI"on • Le.*r MWM . hmpuhtin CaWNeM COLLIER COUNTY. RORIM RTd8W1MdBF, MG DATE: PftOJECi NO.. SHEET NUMBER: FILE NO.: Fat M.m-B+WNV4•BMT.'m. Ts •BNWWW•P OT78e4M 90D bbyl4%N4 • NpbA76iL O4n9fl�N•gme aW8194940 •F.. mso s8s•web %..AA.:o.Mrmm 3/06 OS }12 -PO4 -000 -21000 2 OF 5 1N -2152 LINE TABLE LINE LENGTH BEARING L101 720.89 NOt'27'02 "W L102 104.77 588'12'58'w C15 ]4.20 56.90 7 10'38' 69.39 55352'4TE C16 148.4] 116.10 7516'1 ' 138.56 554' '34' C1] 292.0] 216.10 ]T26'1K 2]0.34 N5013'12'E C18 30].52 ]91.10 2716'21' 305.59 NOV21'SSE C19 2]0.30 191.10 81'02'28' 248.32 N51'17'31 "W OR; 4197 PG; 1751 POINT POINT POINT POINT NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING NUMBER NORTHING EASTING 1 712804.21 504055.04 100 713763.55 506100.38 200 721697.J8 504609.31 300 714413.04 504493.69 2 712792.47 501378.16 101 773721.48 506125.22 101 721740.71 504362.17 301 714409.24 504475.31 3 712942.46 507375.04 102 713673.87 506149.50 202 72176882 504339.41 301 714404.45 504465.04 4 715479.80 501322.29 103 71367387 50592161 203 721772.62 504340.16 303 714370.65 504408.84 5 71549138 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 721818.06 504349.15 306 714257.32 504309.09 7 718179.40 502807.73 106 713364.22 506226.78 206 721818.06 504349.15 J07 714247.05 504304.30 8 723566.61 502737.98 107 713338 18 506227.68 107 721893.36 504360.09 312 713161.51 504346.51 9 723585.87 503943.87 108 712994.51 506134.03 208 722019.89 504378.4B 313 713146.15 504356.10 TO 713590.77 505837.49 109 712954.20 504053.33 209 722019.92 504378.48 314 713131.64 504373.40 11 72J456.97 505603.24 110 712942.46 501375.04 210 722029.68 504378.88 315 71310270 504421.36 12 72JJ43.69 50994.53 173 718230.06 504798.88 211 722101. 13 504381.77 316 713088.01 504481.41 IJ 722818.37 505940.99 114 718278.48 504794.36 212 722176.61 504381.77 319 713112.75 505386.07 14 72280579 505900.91 115 718166.80 504783.17 213 712267.00 504361.58 322 713672.21 503928.26 15 722790 98 505905.32 116 718125.04 504773.66 214 722322.66 504349.15 J23 713378.57 503911,10 16 721395.56 506304.78 117 718125.04 504773.66 215 722385.82 504325.47 324 713314.41 503912.10 17 720754.41 506495.37 118 718125.04 504773.66 216 722426.66 504310,07 325 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 717960,11 504657.25 218 722524.49 504257.97 327 713270.00 503832.03 20 720733.37 506469.00 121 777936.81 504638.02 219 712547.47 504221.18 328 713182.33 503704.95 21 710726.50 506467.21 122 717781.90 504510.25 220 722557.31 504140.75 J29 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 504138.04 SJI 713320.56 503635.86 24 720365.21 506563.26 125 71767071 504388.19 223 722555.39 504133.23 332 71337L 16 503632.16 25 720334.55 50694.68 116 777655.26 504318.50 224 722550.58 504118.40 333 713536.49 503633.39 26 720303.21 506584.07 117 777655.26 504318.49 125 722550.58 504118,40 J34 71398.24 503626.62 27 720271.33 506591.39 128 717679.52 504169.46 226 722546.29 504102.46 335 713602.00 503632.99 18 720239.03 506596.61 129 717759.41 504047.57 227 722538.32 504072.86 336 713602.00 503632.99 29 720237.25 506596.84 730 717776.06 504015.03 226 712532.35 50405072 J37 713606.05 503632.94 30 71998700 505628.01 IJI 71778680 503997.84 229 722519.34 504029.89 338 713626.74 503636.64 JI 719967 71 506629.81 132 717786.80 50399284 230 722490.77 503972.62 339 713647.89 503637.77 32 779970.17 506623.25 IJJ 718169.02 50J995.09 231 722475.09 5OJ930.97 340 713676.08 503639.46 33 719972.07 506613.09 134 718392.92 503995.20 232 722467.28 503881.51 347 713712.17 503641.71 34 719975.88 506599.75 135 718855.57 503995.43 233 722472.48 503852.87 342 713752.49 503641.43 35 71997779 506585.80 136 71912158 503995.9 234 722495.97 503839.86 343 713775.62 50364171 36 719979.06 506571.20 137 71912771 503995.9 235 722515.96 503537,63 344 713778.18 503641.08 37 719979.06 506536.91 IJH 719440.56 503995.72 236 722519.34 50383725 345 713782.01 50364316 38 779977.15 506521.70 139 719615.64 503995.81 237 722613.06 503837.25 ,146 71380545 503640.79 39 719974.61 506495.04 140 719864.49 503995.93 238 722660.61 50JB35.22 J47 713831.36 503638.JJ 40 719973.34 506469.02 141 719904.63 504110.84 239 71275764 503831.08 348 713865.97 503637.09 41 719970.80 506437.28 142 719948.81 50423724 240 722833.45 503827.84 349 713886.88 503619.69 42 719970.80 506408.72 743 719949.26 504238.54 241 722917,63 503824.24 350 713905.39 503622.19 43 719970.17 505385.88 144 71994926 5042J8.54 242 723045.27 503819/1 351 71392.190 503521.05 44 719968.90 50537J. 16 145 719949.26 504136.54 243 723120.00 503817.06 352 713946.11 503623.52 45 779965.09 506355.41 146 719949,26 504238.54 244 723284.66 503871,22 353 713972.01 503625.99 46 719961.92 506339.54 147 719947.29 504264.72 245 F13423.6J S03809.J9 354 713995.46 503631.16 47 779953.03 506296.36 148 71994831 504270.58 246 723462.53 503808.62 355 714077.66 503632.15 46 719951.13 506179.88 149 779950.39 504281.50 247 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 774079.J5 50362]22 50 719948.59 506249.42 751 719960.90 504333.03 249 72J585, 14 503801.86 358 714091.69 503644.49 51 119947.32 506229.47 752 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 71294489 50261335 360 714101,56 503692.61 53 779945.42 506190.39 154 719967.75 504368.63 255 714151.79 502586.86 361 714106,50 503735.79 54 719945.98 506178,11 755 719970.49 504389.99 256 714324.00 502528.47 362 714108.96 503771.57 55 719945.34 50616779 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 501817.71 364 714105.16 503854.24 57 719950.87 506131.96 158 719974.41 504438.19 259 714958.93 503139.76 365 71410]26 50389J.23 58 719945.00 506017.93 159 719975.13 504446.44 160 715248.26 503399.49 366 714089.22 5OJ924.56 59 719902.95 505907.81 160 719977.20 504457,06 261 715478.12 50343249 367 714011,50 503930.73 60 719945.00 505784.48 761 719980.54 504474.27 261 715505.05 503787.69 368 713828,90 503929.50 61 719966.44 50565635 162 71998114 504486.07 263 715531.10 503982.77 369 713674.86 5040J3.00 62 719949.01 505576.68 163 719985.16 504499,02 264 715532.38 504273.11 J70 712978.70 505377.38 63 719904.20 505490.79 164 719989.05 504529.18 265 775650.42 504380.01 377 713113.83 505376.97 64 719823.28 505388.77 165 719989.82 504557.79 265 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 504376.43 66 71969135 505072.71 167 719989.82 504617.33 268 71592.70 50.5175.03 374 713627.38 504243.10 67 719647.04 505041.85 168 719992.14 504655.21 269 7191735 505309.42 375 713932.97 504245.04 68 719396.60 504764.6) 169 719997.56 504683.06 270 715716.99 505392.53 376 714234.99 504306.49 69 719318.02 504713.24 170 720002.20 504713.99 272 714103.96 50538763 377 714407.96 504514.25 70 719208.97 504699.61 171 720005.00 504736.97 273 774088.51 505381.27 378 714415.51 504921.60 71 719133.42 504696.11 172 72000606 504745,70 274 714081.15 50537130 379 714334.90 505034.30 72 77903742 504723.50 175 720008.41 504754.92 275 714074.08 505371.83 380 714082]1 505115.23 73 718975.88 504785.14 174 720017.54 504790.84 276 714064.11 505365.23 381 714041,87 505771,28 74 716934.66 504860.42 175 720020.36 504846.78 277 714057.36 505359.05 362 77404174 505392.70 75 71888227 504891.29 176 720023.65 504922.06 278 714058.09 505337.04 383 712954.19 504051.25 76 706825.74 504897.29 177 719777.51 505048.72 179 714057.14 505323.59 384 712804.21 504055.04 77 718671.23 504668.22 178 719749.32 505065.49 261 71403644 505172.68 385 723585.87 503843.87 78 718592.63 50485690 179 723588.01 504714.23 282 71403]64 505208.16 387 713674.86 504033.00 79 718355.31 504821.05 180 72390.28 504715.04 283 714034.84 505122.69 388 718190.86 5OJ931. 19 80 718298.16 504612.52 781 723563.24 504717.14 285 714065.60 505102.11 BI 718260.17 504828.70 782 72,152796 504743 19 286 714090.62 505094.70 82 71803J.21 50535J.86 163 ]2.5427.03 504761.77 288 714)79.SJ 50508711 63 717829.05 505376.26 184 723260.48 504860.42 289 714203.06 505083.85 84 717649 60 505408.63 185 723219.22 504884.74 290 714251.86 505070.09 85 717553.94 505436.02 186 723133.30 504935.39 291 714266 65 505064.07 86 717469.90 505465.89 187 723088.17 504977 64 292 714300.57 5050601)2 87 717J6099 505556.77 188 723023.35 505000.52 294 714367.43 505026.84 88 71721484 505708.64 189 722967.56 505006.97 195 714383 24 505073.21 89 717099.58 505775.86 190 7226J4.05 5050J286 196 774405.37 504976.38 90 716886.29 505824.67 191 722637.97 50503J.01 197 714412.85 504955.59 91 716456.16 505882.53 192 722309.52 505225.23 299 774417.55 504571.59 92 716046.45 505838.10 193 722219.05 505195.76 93 716025.28 505737.27 194 722007,86 505726.98 94 715969.27 50560780 195 727629.41 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 72166L22 504818.41 COORDINATE TABLE 97 714320.97 505754.99 198 721671.35 504759.SJ 98 714274.43 50577931 199 721685.19 504679.76 99 714234.96 505802.82 ## NOT A SURVEY ++ Jul 26, 2006 - 08:0625 JCSOTNE, \91R\03312 \55 9 \IH-2LEn9 CLIENT: BARRON COLLIER NVE$iL & BARRON COLLIER PARR7ERSHp Ill/ilsonMiller E SKETCH OF DESCRIPflON OF PMT OF SECTIONS 4e SOUTH. za EIS] . S 7 1 , TUMSP u:0 SECTIONS 7 µ0 TOWNSHIP 48 ORT ./ RuJGE 29 FAST �IYg9 • 6111 40 4 7 4 • 6� - �IT44 - l�4P AfdAKb TF4��461 LWAYb LIE COLLIER LOUNIT, FLOFIpA FLORIDA LiI OAIEU PROJECT NO.: SHEET NUMBER: FILE NO.: (uW 11]774 • Avm'4 . Atl4M • TnP • TWUae . hOm Ot4 BWN .9N06JryLWy 81r� . Hµ!{WN490Ri69)7 •FLNn EHdBdMI•FU TJ}btl9tl•Ikb.M 4w774oN�bmv 3/06 03312 -PO4 - 000 -21000 5 OF 5 1H -21$1 Ver,t� OR: 4197 PG: 1752 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, and C 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 170 OR; 4197 PG; 1753 combination of mechanical removal, directed herbicide applications, and +�' controlled burning. J, 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; OR; 4197 PG; 1754 and utilizing natural recruitment and planting of native canopy, subcanopy, 170 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. i. 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. I. 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 OR; 4197 PG; 1755 been breached and /or leveled, consistent with the Design, and that habitat 1 7 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. The estimated annual costs of the land management measures for Restoration Areas A, B, and C are $15,000. 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. P. 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. q. In the event the Grantor fails to annually provide the Surety and fails to maintain the Restoration Areas pursuant to the land management 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. OR: 4197 PG: 1756 Jcuaeoww * ** OR: 4197 PG: 1757 * ** MR oy n -one. * ** OR: 4197 PG: 1757 * ** MR COLLIER COUNTY FLORIDA 17 REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) Originating Dept/ Div: County Attorney's Office Person: Michael W. Pettit, Chief Assistant Date: 011907 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing.) February 13, 2007 Newspaper(s) to be used: (Complete only if important): X Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: 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. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? X Yes ❑ No If Yes, what account should be charged for advertising costs: 001- 100510- 649100 Reviewed by: ,✓ David C. Weigel County Attorney List Attachments: Proposed Ordinance Date / //9 !0'7 DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY Date Received: d� Date of Public hearing: 197 Date Advertised: / 1 All 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 registration shall be an annual r-e-i El If, subsequent to the registration, the registrant ceases to act as a lobbyist, the registrant may file a request, on a form provided by the clerk, to not be listed as a lobbyist. , said fegistr-a Words sly are deleted, words underlined are added. -1- f fth in said statute In the event that the registrant neither withdraws nor re- set registers, the registrant shall be placed on a "lobbyist status unknown" list for a period of 12 months from the expiration of the annual quarterly registration. (b) Annual Quarterly registration shall be required and shall initially commence on Mar-eh 22, 1999. April 2, 2007. Thereafter, annual quarterly registration shall occur after- en or- getebef 1, of e ,h eaf-. 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 shl1 may 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 appearance, whether direct, indirect or contingent, to express support or opposition to any item. (5) Attorneys representing clients before a quasi-judicial body. Words str-ue� gk are deleted, words underlined are added. -2- (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 year (aleng with payfnent of the $25.0 annual ,_shall expire and may not thereafter be relied upon by the lobbyist for lobbying activities. In such a case, the lobbyist must renew his or her registration and pay 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 princival(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. SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. Words sk thr-ou are deleted, words underlined are added. -3- 17 h.. k.. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: Dwight E. Brock, CLERK BY: DEPUTY CLERK Approved as to form and legal sufficiency: Michael W. Pettit Chief Assistant County Attorney 05- bcc- 0124211017 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M. Jim Coletta, CHAIRMAN Words k thr-ou are deleted, words underlined are added. -4- .r P^ NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on February 13, 2007 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 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. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) { January 19, 2007 Attn: Pam Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE AMENDING ORDINANCE 2003 -53 Dear Pam: Please advertise the above referenced notice on Friday, February 2, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. /Account # 001 - 100510 - 649100 Martha S. Verciara 17E "I From: System Administrator [postmaster @naplesnews.com] Sent: Friday, January 19, 2007 3:52 PM To: Martha S. Vergara Subject: Delivered: LLJ Untitled Attachment <<>> Your message To: legals@naplesnews.com Sent: Fri, 19 Jan 2007 15:51:20 -0500 was delivered to the following recipient(s): legals, NDN on Fri, 19 Jan 2007 15:51:31 -0500 1 fie^. Martha S. Vergara From: ClerkPostmaster Sent: Friday, January 19, 2007 3:47 PM To: Martha S. Vergara Subject: Delivery Status Notification (Relay) Attachments: ATT11779.txt :1 LJ ATT11779.txt (231 Untitled Attachment B) This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 Page 1 of 1 1 7 E ' 4 m Martha S. Vergara From: Perrell, Pam [paperrell @naplesnews.com] Sent: Monday, January 22, 2007 8:39 AM To: Martha S. Vergara Subject: RE: OK From: Martha S. Vergara [mai Ito: Martha .Vergara @clerk.collier.fl.us] Sent: Friday, January 19, 2007 3:57 PM To: legals @naplesnews.com Subject: Pam Yet another ad... Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 Under Florida Law, e -mail addresses are public records. Ifyou do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1/22/2007 NAPLES DAILY NEWS Published Daily Naples. FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, Who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily_ a daily newspaper published at Naples. in Collier County. Florida: distributed in Collier and Lee counties of Florida; that rote attached copy of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE «as published in said newspaper 1 time in the issue on Febntan' 2 °d 2007 Affiant further says that the said Naples Daily News is a newspaper published at -Naples, in said Collier County. Florida, and that the said ncwspaper has heretofore been continuously published in said Collier Count %, Florida, distributed in Collier and I,ee counties of Florida, each day and has been entered as second class mail matter at the post office in Saplcs. in said Collier County, Florida. for a period of 1 war next preceding the first publication ofthe attached copy of advertisement: and affiant ftirther says that lie has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 12, ( Sig tune of affiant) Sworn to and subscribed before me This 2nd of Februan'. 2007 ��t�Cs_ -`1� —� �• f y 1L-y:� ,c.��rt Cast. (Signature of notary public) Chanel A r IcUonaid MV COMMISSION # DD210203 EXPIRES A ' June 29, 2007 oV BONDEDTHRU TROY FAIN INSURANCE, INC FF.t 59- 2578327 Ordinance pare onoffile with the Clerk to the Board and are asytaiiable for lsppction. AtI �� e�ted'p�fes are im�ited to wehd and be hoard. 17E Persons wish ring. All me- In resents- re the Hoard pr`o�- e fes- D OF COUNTY IER COUNTY, COLETTA, CHAIR- HT E. BROCK, lartha Vergara, ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ?E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the A—, � I;— fl,--h rnntinv linen 41 thrnuvh #4. complete the checklist. and forward to Sue Filson (line #5). exec u Vl we waaa.n .. a ..r .......... ... ».... ...... » »-.-• ---- Route to Addressee(s) (List in routing order) °"-- --- --- - - - --.. _ , Office Initials Date 1. appropriate. (Initial) Applicable) 2. - ��� t Jr « Agenda Item Number _� L L 3. c� 4. C) �c Y�� ` r� Number of Original Attached 5. Sue Filson, Executive Manager Board of County Commissioners Documents 6. Minutes and Records Clerk of Court's Office f �� I 1 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the Name of Primary Staff (f co Phone Number c) Contact appropriate. (Initial) Applicable) Agenda Date Item was - ��� t Jr « Agenda Item Number _� L L Approved b the BCC c� Type of Document C) �c Y�� ` r� Number of Original Attached Attached C °� Documents INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC f �� I 1 Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's n Office and all other parties except the BCC Chairman and the Clerk to the Board ,4 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. o 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain �> time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on EQ 130 7 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17E MEMORANDUM Date: February 22, 2007 To: Larry Lawrence Property Appraiser From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Validated Ordinance: 2007 -24 Attached, please find one (1) copy of the document referenced above (Agenda Item #17E), as approved by the Board of County Commissioners on Tuesday February 13, 2007. If you should have any questions, please call me at 774 -8411. Thank you. Enclosure 17E ORDINANCE NO. 2007- 24 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 or by written declaration in accordance with Section 92.525, Florida Statutes, 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 registfa�ian shall be an annual fegistr-ation and shall not. Iebbyist. If, subsequent to the registration, the registrant ceases to act as a lobbyist, the registrant may file a request, on a form provided by the clerk, to not be listed as a Words str -u,.v thr-aug4 are deleted, words underlined are added. -1- 17E lobbyist. > said r-egistfa * 14h ifl Said Statut 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) Annual Quarterly registration shall be required and shall initially commence on 114 -c-h -2''z, gin- April 2, 2007. Thereafter, amoral quarterly registration shall occur on or- aftef getabef 1, of eaeh . every three (3) months. Quarterly registration is required regardless of whether there is any change in employers of the lobbyist. The lobbyist may indicate "no change" ' if appropriate. Initial Rregistration by a lobbyists sha4 may 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 appearance, whether direct, indirect or contingent, to express support or opposition to any item. Words strueli thr-aug4 are deleted, words underlined are added. -2- 17E (5) Attorneys representing clients before a quasi-judicial body. (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 year (aleng with payment 0. the $25.0 annual r-egistf:atieff4ft4 by Oetobef i of eaeh yefif.,_shall expire and may not thereafter be relied upon by the lobbyist for lobbying activities. In such a case, the lobbyist must renew his or her registration and pay the nonrefundable annual fee in order to continue engaging in lobbying activities. (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 principals) 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. SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. Words stniek thf augh are deleted, words underlined are added. -3- ICE PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this �3 day of'��h c- r> 2007. ATTEST: Dwight E. Brock, CLERK j . BY::. :: ` DEPUTY CLE Approved as to form and legal sufficiency: Michael W. Pettit Chief Assistant County Attorney h /public/bcc agenda/021307 /ord.amend to ethics ord BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: --��nes Coletta, CHAIRMAN Ja Item # — �--+—_ Agenda ate Slat: Words stM uek through are deleted, words underlined are added. -4- 1?t STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2007 -24 Which was adopted by the Board of County Commissioners on the 13th day of February 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of February 2007. DWIGHT E. BROCK`'" Clerk of Courts and. C1�?rk Ex- officio to Board of County Commissioners. y:Teresa Dillard; Deputy Clerk COLLIER COUNTY FLORIDA i REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS r <o coo► To: Clerk to the Board: Please place the following as a: MNormal legal Advertisement ❑ Other: (Display Adv., location, etc.) Originating Dept/ Div: County Attorneys Office Person: Colleen M. Greene, Esq. Date: January 11, 2007 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before M BCC BZA Other Requested Hearing date: (Based on advertisement appearing -N days before hearing. February 13, 2007 t Newspaper(s) to be used: (Complete only if important): M Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 91 -37, AS AMENDED, ALSO KNOWN AS THE HISPANIC AFFAIRS ADVISORY BOARD AND CODIFIED AS CHAPTER 2, ARTICLE VIII, 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. Companion petition(s), if any & proposed hearing date: Does Petition Fee includ advertising cost? ❑ Yes M No If Yes, what account should be charged for advertising costs: (Sw 4 G'Md�l leoi i�) Reviewed by: Division Administrator or. Desi nee Date List Attachments: Ordinance No. 2007 - DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ON Y: 7 Date Received: / 117-167 Date of Public hearing: c;2 1-4167 Date Advertised: .L D 04- COA- 0 1 1 3 613 46 171- 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 VIII, 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 unique within the Hispanic community_ 2. The board shall review and recommend ways to ensure open communication between miner-ifies 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 have joint meetings with the Blaek affairs a&iser-y bear- other advisory boards when deemed necessary to evaluate pr-obIems concerns and/or issues common to both the 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 are deleted. A 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 ATTEST: DWIGHT E. BROCK, Clerk 0 Deputy Clerk Approved as to form and legal sufficiency: ri&&-cm COLLEEN M. ENE Assistant County Attorney 2007. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. 0 JIM COLETTA, Chairman 2 Words Underlined are added; Words FAruel(:FhF t are deleted. NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on February 13, 2007 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.91 -37, AS AMENDED, ALSO KNOWN AS THE HISPANIC AFFAIRS ADVISORY BOARD ORDINANCE AND CODIFIED AS CHAPTER 2, ARTICLE VIII, 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 IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 17F '" January 12, 2007 Attn: Pam Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE AMENDING ORDINANCE 91 -37 Dear Pam: Please advertise the above referenced notice on Friday, February 2, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. /Account # 001 - 100510- 649100 Page 1 of 1 171 Martha S. Vergara From: stuczynski_m [MaryStuczynski @colliergov.net] Sent: Friday, January 12, 2007 5:09 PM To: ValdesOdalys Cc: Martha S. Vergara Subject: FW: Cost Number for Billing Importance: High The number is 001-100510-649100. From: ValdesOdalys Sent: Friday, January 12, 2007 2:55 PM To: stuczynski_m Cc: GreeneColleen Subject: RE: Cost Number for Billing Importance: High Mary, See email below from Martha, of the Clerk's office. She is requesting the cost number for the billing of the ordinance we are advertising. We spoke about this yesterday, but apparently she needs something to get this advertised. Can you tell me the number or perhaps call her to make sure what she's looking for. Thanks. Odic. From: GreeneColleen Sent: Friday, January 12, 2007 2:47 PM To: Valdes0dalys Subject: FW: Please follow -up! Thanks! From: Martha S. Vergara [mai Ito: Martha .Vergara @clerk.collier.fl.us] Sent: Friday, January 12, 2007 1:30 PM To: GreeneColleen Subject: Hello Colleen, I am preparing the advertisement for the Ordinance Amending Ordinance 91 -37 and I need the cost number for the billing. Thanks, Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 1/16/2007 17F Martha S. Vergara From: ClerkPostmaster Sent: Tuesday, January 16, 2007 4:07 PM To: Martha S. Vergara Subject: Delivery Status Notification (Relay) Attachments: ATT486174.txt; Ord. Amend. Ord. 91 -37 iJ ILJ ATT486174.txt Ord. Amend. Ord. (231B) 91 -37 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 17F Martha S. Vergara From: System Administrator [postmaster @naplesnews.com] Sent: Tuesday, January 16, 2007 4:07 PM To: Martha S. Vergara Subject: Delivered: Ord. Amend. Ord. 91 -37 Attachments: Ord. Amend. Ord. 91 -37 i t Ord. Amend. Ord. 91 -37 « Ord. Amend. Ord. 91 -37>> Your message To: legals@naplesnews.com Subject: Ord. Amend. Ord. 91 -37 Sent: Tue, 16 Jan 2007 16:07:01 -0500 was delivered to the following recipient(s): legals, NDN on Tue, 16 Jan 2007 16:07:16 -0500 1 Page 1 of 1 17F Martha S. Vergara From: Perrell, Pam [paperrell @naplesnews.com] Sent: Wednesday, January 17, 2007 8:21 AM To: Martha S. Vergara Subject: RE: Ord. Amend. Ord. 91 -37 OK From: Martha S. Vergara [mai Ito: Martha .Vergara @clerk. col lier. fl. us] Sent: Tuesday, January 16, 2007 4:07 PM To: legals @naplesnews.com Subject: Ord. Amend. Ord. 91 -37 Hey Pam, Here is an ad for you. Thanks, Martha Vergara Deputy Clerk - BMR 239 - 732 -2646 ext. 7240 1/17/2007 NAPLES DAILY NEWS Published Daily Naples. FL 31102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily. a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached cope of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on February 2 "a, 2007 Affiant Iurther says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier Countv. Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier COMM. Florida, for a period of 1 year next preceding the first publication ofthe attached copy of advertisement; and atfiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. d - ( Signa (ure of affiant) Sworn to and subscribed before me This 2nd of Febniary. 2007 cco (Signature of notary public) FEI 59- 2578327 NO CO T4 The me =01, 11 re LINTY VNTY, E. BROCK, pie Veroara, 17F''" Chanel A McDonald *: MYCOMMISSION# DD210203 EXPIRES 1."Tz June 29, 2007 BONDED TNRU TROY FAN INSURANCE, INC NO CO T4 The me =01, 11 re LINTY VNTY, E. BROCK, pie Veroara, 17F''" ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 ? F TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO i THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's signature, draw a line throu h routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date List in routing order 1. 2. 3. 4. Colleen M. Greene Assistant County Attorney 02/16/06 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to aVDrOVe the item.) Name of Primary = Colleen M. Greene, Assistant County Phone Number 774 -8400 Staff Contact Attorney Agenda Date Item February 13, 2007 was Approved by the BCC Type of Document ORDINANCE NO. 2007 -25 Attached AN ORDINANCE AMENDING COLLIER rnrtnrry ORDINANCE NO. 91-37 Agenda Item Number 117 -F Number of Original One (1) Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17F MEMORANDUM Date: February 22, 2007 To: Larry Lawrence Property Appraiser From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Validated Ordinance: 2007 -25 Attached, please find one (1) copy of the document referenced above (Agenda Item #17F), as approved by the Board of County Commissioners on Tuesday February 13, 2007. If you should have any questions, please call me at 774 -8411. Thank you. Enclosure 17F ORDINANCE NO. 2007-25 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 VIII, 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 unique within the Hispanic community_ 2. The board shall review and recommend ways to ensure open communication between ff4nefi6es 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 have joint meetings with the other advisory boards when deemed necessary to evaluate preblems concerns and /or issues common to both the 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 SUE'( ThF ea}H are deleted. 17r- 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 bye�°°r� the Board of County Commissioners of Collier County, Florida this day of rL m q , 2007. ATTEST``" " B-' "% ? ;; DWII �f -E, BROCI�-Clerk By: 'C rk Approved as to form and legal sufficiency: COLLEEN M. G ENE Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. i► ES COLETTA, - Item # 1 I�F— Agenda Date Date n.!'14 2 Words Underlined are added; Words Lek ThFeugh are deleted. IMF STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2007 -25 Which was adopted by the Board of County Commissioners on the 13th day of February 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of February 2007. DWIGHT E. BROCK Clerk of Courts,;rid "< Clerk Ex- officio - to,�toard ,,.'qf County Commisk- joners` Cl y:Teresa DillarcT, Deputy Clerk